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HomeMy WebLinkAboutProject Packet(LMCD, Continued) ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 24, 2000 Mayor Jabbour indicated a desire to meet with the chair of the LMCD to discuss several issues · before their budgeting process begins. Kelley commented in his view the fees associated with a liquor license should be reviewed to insure that they cover the administrative costs as well as some of the deputy sheriff costs . PLANNING COMMISSION COMMENTS-JAY NYGARD, REPRESENTATIVE None PUBLIC COMMENTS David Lovelace, 220 Big Island , conunented in his opinion the residents who lose their vehicles or snmvmobiles through the ice should pay the full cost of recovery. ZONING ADMINISTRATOR'S REPORT (#3) #2549 DAVID LOVELACE, 220 BIG ISLAND, REQUEST FOR DOCK ACCESS David Lovelace, Applicant, was present. Gaffron stated the Applicant is requesting approval for a dock location on Big Island in order to access his inland lot. City Staff has toured Big Island and has reviewed each of the potential access points, which were platted back in the 1880s . The Planning Commission has reviewed this item , with a number of the neighbors attending the public hearing and voicing their thoughts regarding this issue. Gaffron noted City Staff has not found any record of fonnal City Council action prohibiting motorized vehicle traffic on the Island, and would recommend this topic be reviewed in the future due to the negative impacts of vehicles on the unimproved roadways. Gaffron stated Access C is located about 200 feet from the NE corner of the Applicant's property, and is 90 feet in width , with a platted right-of-way in a wetland area. The City has had surveyors view this area to stake the lot lines and has detennined that the roadway that has been utilized in the past is in fact mostly located on the adjoining property. City Staff feels there is some area on either side of the wetland to allow for pedestrian access and that there is sufficient room for two docks to be installed at this access point. Gaffron stated Access Dis a platted right-of-way called Bay Place and is 50 feet wide with a lagoon next to it. Gaffron stated a defined driveway or walking path in this area does not exist at this time , but there is sufficient room to allow a pedestrian to stay within the right-of-way . City Staff feels there is adequate room to allow for two docks to be installed at this access point. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 2-J, 2000 (#2549 David Lovelace, Continued) The Planning Commission has recommended that the Applicant be allowed a seasonal dock at Access C, and if Scheftel and Lovelace are interested in sharing a dock at this access point, that would be fine. Otherwise the Planning Commission felt it would be appropriate to have t,vo separate docks at this location. Gaffron noted at the present time there are no other requests for dock access to Big Island, with a number of other potential access points being located further south. Sansevere inquired how many prospective lots could potentially need dock access, noting he has a concern that there could be a number of future requests for dock access. Gaffron stated there are eight or nine lots that could potentially request dock access. Gaffron stated according to the LMCD, there is a potential for a joint dock license, which would need to be resolved with the LMCD since this is a City right-of-way. Mayor Jabbour commented in his opinion the City should have a distinction between a buildable lot versus a recreation lot. Gaffron stated the RS District docs have a five acre minimum standard, with a number of lots on the Island having been listed as buildablc or substandard but buildablc and some unbuildablc lots. A buildable lot could be created by combining two or three of the smaller lots. Mayor Jabbour stated the City should also address the erosion problems occurring on Big Island at some of the access points. Gaffron stated City Staff is looking at Access H, \\'hich has a severe erosion problem, and is considering erecting a barrier to limit traffic in that area. Gaffron stated in his opinion the City should grant Lovelace a dock access at this time since his property is considered to be a buildable lot. Sans~vere noted the Applicant will be assuming the cost of the dock. Mayor Jabbour stated the City of Orono has a policy that public roads should not be used for private use. Jabbour stated there should be a distinction bct,vecn using the City's land on Big Island as a transportation corridor and not as a recreational corridor and being allowed the use of a dock. Jabbour stated he docs not want to see all of the City's fire lanes become potential dock access points. Jabbour stated the City has to address the issue of a person wishing to live year-round on Big Island and access to their lot. Sansevere moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4456, a Resolution Permitting a Private Dock on Platted Unimproved Right-of-Way Between Lots 38 and 39 l\forse Island Park, Big Island. VOTE: Ayes 5, Nays 0. Lovelace commented at the Planning Commission meeting the possibility of getting a garbage 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 2-t, 2000 (#2549 David Lovelace, Continued) barge out to Big Island was discussed, which met with good reception with the neighbors. Lovelace requested assistance from City Staff on the proper process to follow in that regard. Mayor Jabbour noted that the mainland enjoys City garbage collection, while Big Island does not. Jabbour stated he \vould be willing as a private citizen to provide a site, a rolloff, and a garbage barge on one side of the Island to help clean up Big Island. Jabbour noted that taxpayer dollars cannot be used in this effort. Lovelace commented he was not looking for taxpayer dollars to help clean up the Island but was looking for access to a garbage barge. Lovelace indicated he would be willing to discuss this further with the Mayor at another time. *(#4) #2559 GILBERT GEHLE, 1392 BALDUR PARK ROAD -VARIANCES/CUP Peterson moved, Sansevere seconded, to approve Variances to Hardcover in the 75-250' Lakes ho re Setback and Hardcover Within 75' of the South Lakeshore, and a Conditional Use Permit to Permit Regrading and Restoration of the Site. VOTE: Ayes 4, Nays 0. (#5) #2563 MIKE AND RUTH FIL BRANDT, 3960 BAYSIDE ROAD -SKETCH PLAN REVIEW Mike and Ruth Filbrandt, Applicants, ,,·ere present. Weinberger stated the Applicants arc requesting a sketch plan revie".-for a 26 acre parcel \\-hich consists of three tax parcels. The Applicants are interested in subdividing the properties to create two buildable lots. The total acreage is approximately nine acres of dry buildable land, with the minimum lot size being five acres in the RR-I A District. This item appeared before the Planning Commission where several issues \Yere discussed relating to how the Applicants could appropriately subdivide the property. The Planning Commission considered subdividing this property by doing a lot line rearrangement: however, City Code may not necessarily apply in this case because they are generally looked at as Class I Subdivisions and a Class I Subdivision docs not allow any type of flexible zoning and \\"Ould require ten acres of dry buildable land in order to create t\\"O lots. Class I Subdivisions requiring flexible zoning have traditionally only been used for lot line rearrangements between existing developed parcels. City City Code prohibits selling off of the two smaller undeveloped lots \\·ithout the principal larger lot because it would create two non-confom1ing lots. The Planning Commission had suggested that some consideration be given to rezoning the property from the five acre minimum lot size to two acre minimum lot size. City Staff has brought this matter before the City Council to give their thoughts on \\·hcther rezoning of this area would be 6 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Date: April 21, 2000 ItemNo.: 3 Agenda Section: Zoning Item Description: #2549, David Lovelace, 220 Big Island -Request for Dock Access Zoning District: RS, Seasonal Recreational Summary of Request: Request for Council approval to locate a seasonal dock at one of the dedicated unimproved right-of-ways on Big Island. Applicant owns one of the inland parcels which do not abut the lakeshore. List of Exhibits A -Resolution B -Letter from William & GayLinn Liljemark 4-19-00 C -Memo & Exhibits of 4-12-2000 Planning Commission Recommendation Planning Commission reviewed this item at the April 17 meeting. Planning Commission voted 5-0 to recommend that applicant be allowed to construct a seasonal dock extending from the 90'-wide right-of-way that is located near the NE comer of applicant's property between Lots 38 and 39, Morse Island Park. Planning Commission further recommended that the owner of 130 Big Island be allowed to share the use of this dock if applicant agrees, but that the owner of 13 0 Big Island should also be allowed separate dock access at this location if such formal request is made in the future. Planning Commission further recommended that in regards to future requests for access to inland lots on Big Island, the staff recommendation provides a suitable guideline for such approvals. Discussion Please review the staff memo and exhibits of April 12. Briefly, staffhas concluded that there are two primary dedicated right-of-ways that are suited for installation of seasonal docks to serve inland lots (Accesses C and Don 4-12-00 Exhibit D-1). Further, there are two primary access points where vehicles can easily access the island (Accesses C and H). The portion of Access C that is suited for vehicle access is mostly on private property, leaving Access H as a primary and necessary vehicle #2549 -Lovelace, 220 Big Island April 21, 2000 Page2 access point. However, Access H has a recent severe erosion problem that will be addressed by staff in the near future, i.e. by doing some physical repair of the access and bringing to Council a proposal for limiting the use of this access point. The City received a letter from the Liljemark's, owners of Lots 34-35, on April 19 (Exhibit B) opposing the use of Access C as an access point for this applicant. That letter brings up a number of points worthy of comment: Access C is about 200' from the NE comer of applicants property. Access D, the other location where docks for inland lots may be feasible, is about 300 feet from the SE corner of applicant's property. Staff has no knowledge of the applicant's intended building site within his property, which is about 150 wide and about 1000' long. Staff has yet to find any record of formal Council action prohibiting motorized vehicle traffic on the Island, although such an action would seem appropriate given the apparently increased level of motorized vehicle traffic on the Island. The two residents referred to as "already using" Access C "who have property adjacent to the site" have no formal right to have a dock at Access C, nor have we received a request for such use. There was no "already permitted dock site" for applicant's property at the time he purchased it. The only property for which the City has formally granted access under Section 10.31 Subd. 5 is the property at 230 Big Island (Parcel 3 on Exhibit D-1) at Access D. Staff has had a surveyor stake the north and south lines of Accesses C, D and H which are the three most used access points to the Island. It was found that the dirt road at access C is mostly on private property (Lot 39) and hence users of that access for vehicular access likely would be trespassing. This does not preclude the use of the access for 1 or 2 seasonal docks, and staff believes there is sufficient walking access adjacent to the wetland area to make this a viable dock location. Staff Recommendation It has been staffs intent to not only reach a conclusion on the Lovelace request but to provide some direction for future access requests. Based on our review of the access sites, the topographic and other limitations of each site, and the locations of the inland lots which may request access in the future, staff recommends as follows: Inland parcels 1 and 2 (Scheftel, Lovelace) should be allowed dock access at Access C. Inland parcel 3 should continue to be allowed a dock access at Access D. Inland parcels 4 thru 8 should be assigned future access at Access D if they request it, subject to LMCD regulations. Inland parcel 9 could be served by a dock at either Access D or Access E; E is closer but presents more topographic difficulties. #2549 -Lovelace, 220 Big Island April 21, 2000 Page 3 Accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland lots and should therefore remain dock-free. Access H has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. I have also included a draft version of the proposed Comprehensive Plan language discussing Big Island for your review -it may add to your understanding of Big Island issues. COUNCIL ACTION REQUESTED Adopt the atached Resolution which grants conditional approval to the applicant for installation of a seasonal dock at Access C. A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND -FILE #2549 WHEREAS, the City of Orono has received a request by David Lovelace (the "applicant") for a private dock on platted unimproved right-of way located between Lots 3 8 and 3 9, Morse Island Park on Big Island to serve as access to inland property located at 220 Big Island ( also known as Big Island Record Lot #8) and legally described as follows: (Exhibit A attached); Also described as: PINS #23-117-23 23 0028 (hereinafter "the property"); and WHEREAS, Section 10.31, Subdivision 5 of the Orono Zoning Code allows owners of inland properties to request approval of a permit for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for said inland properties; and WHEREAS, the City Council is authorized to approve, deny or place restrictions on such permit based upon public health, safety and welfare considerations. NOW, THEREFORE BE IT RESOLVED that a private seasonal dock is permitted on platted unimproved right-of-way located between Lots 3 8 and 3 9, Morse Island Park to serve the property, with the following conditions: 1. Length of installed dock extended from the shoreline shall not exceed 100'. 2. Setback from the extended right-of-way boundary lines: a. 0-50' from shoreline: 1 0' minimum b. 50-100' from shoreline: 15' minimum c. Final location subject to approval of Public Services Director. 3. Dock sections not to exceed 6' in width. 4. One boat slip only, allowed for applicant's use only. Page 1 of 3 5. A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice ridge at the shoreline. 6. The owner of the adjacent inland lot at 130 Big Island (Record Lot #10) may also share in the use of said dock (one boat slip only for 130 Big Island) as long as such use is acceptable to the applicant. At such future time that the owner of 130 Big Island requests that the City Council approve a separate dock to serve said 130 Big Island independently from the dock serving 220 Big Island, it is the intent of this City Council to allow a second dock at this same location between said Lots 38 and 39 to serve 130 Big Island. 7. No dock canopy shall be erected over said dock. The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless forever from any and all claims resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to serve their properties, this permit is subject to review and or revocation at the discretion of the City Council. Further, this permit may be revoked by the City any time for any reason in the future upon review and revocation by the Orono City Council. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. The applicant agrees to to remove all structures within 30 days of permit revocation or termination and if no removal occurs, agrees to an assessment of the costs of removal against the property. This permit runs with the property, not with the owner, subject to all conditions and restrictions noted herein. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 3 Adopted by the Orono City Council on this 24th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ____ day of ________ ., 2000 before me a Notary Public within and for said county, personally appeared _________________ known to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 3 of 3 4/17/00 Dear Planning Commission, This note is in regards to the #2549 David Lovelace application for a dock permit between lots 38 and 39 on Morse Island Park. As owner and part time resident of Lots 34 &35 for the past 25 years, I am opposed to this application. If the applicant has a permitted dock access, I see no reason to increase the congestion more than a quarter mile away from his proposed building site. Theoretically, there is supposed to be no motorized vehicular traffic on the Island (at least there were signs to that effect all over the island for many years). Obviously, to build or to haul larger things to the island especially in the winter most folks out there understand the island problem. Unfortunately, these days of the four wheeler have in part destroyed the tranquillity I once knew. It would be highly unlikely that Mr. Lovelace would not contribute to more four wheel traffic or other motorized traffic given the location of his property and the proposed dock site. Furthermore, there are already two residents using that dock site who have property adjacent to the site. This new dock will simply increase the congestion at this point, but will not affect Mr. Lovelace, only his relatively distant neighbors. Please deny this request and allow Mr. Lovelace the already permitted dock site. He knew where the permitted dock site was when he purchased the property. Sincerely, William & GayLynn Liljemark To: From: Date: Chair Hawn and Planning Commission Members Mike Gaffron, Senior Planning Coordinator April 12, 2000 3 Subject: #2549, David Lovelace, 220 Big Island -Request for Dock Access Note: This item was tabled by Planning Commission on 11-15-99 to allow the Big Island property owners time to review the options and hopefully reach a neighborhood consensus on a dock location. The intent was to have this resolved by mid-April. There is no consensus forthcoming from the neighborhood. The City is obligated at this time to resolve this issue for the applicant. List of Exhibits A -Planning Commission minutes 11-15-99 B -Staff memo and selected attachments 11-9-99 C -Letter from James Ogland 11-12-99 D -Staff sketches: D-1: Platted access locations D-2: schematics of access points C & D E -Original plats of Morse Island Park and Morse Island Park Second Addition F -Section 10.31 Subd. 5 -RS District: Private Improvements in Public Right-of-Way G-Photos H -Draft Comprehensive Plan Language for Big Island Staff Position on Access for Inland Lots: The plat of Morse Island Park in 1887 created many lakeshore lots, a lesser number of inland lots, and an interior right-of-way system with a number of alleys, roads and public areas extending from it to the lakeshore. The inland lots undoubtedly were expected to gain access to/from the lake via the platted right-of-ways. The plat of Morse Island Park placed the two widest and most expansive pl_Jblic rights-of-way at relatively low points in the topography where access by foot or horse-drawn vehicles was most feasible in summer and winter. All of these right-of-ways were "donate( d) and dedicate( d) to the public use forever" on the original 1887 plat. Since most of the lots abut the shoreline, use of the interior roadway system would presumably have been primarily by the owners of interior lots, and by owners of lakeshore lots with shoreline slopes that prohibit direct lake access. The members of the general public who did not own property on the island would presumably have only minimal occasion to use the right-of-ways; nevertheless, they were dedicated for public use rather than for private use. The largest of these public access points, "Bay Place", originally had approximately 200' of shoreline plus a lagoon. At some point prior to the 1970's, the northerly 150' of "Bay Place" was apparently vacated and the vacated portions attributed to Lots 21-22-23. We have yet to unearth records of this vacation, if they exist. #2549 220 Big Island -Dock Request Page2 None of the road right-of-ways on Big Island have been improved by the City. These platted corridors exist today as undeveloped walking trails which on occasion are used for vehicular access. There is no pavement, no graded or improved road base, and some of these pathways wander outside the dedicated right-of-ways. Most right-of-way boundaries are not visibly marked except by the occasional survey pin or marker. The general public walking on the island would not generally know whether they were strictly on public or private property. However, utilities (electric, phone) are generally located within the right-of-ways on the Island. Inland properties need lake access. Lakeshore property owners with inaccessible shorelines may also need lake access. The primary summer accessability to the Island is by boat. Inland lot owners need a place to land a boat in the summer. It is not unreasonable to provide a location where inland lot owners can dock a boat for extended periods while they are on the Island. However, owners oflots abutting the lakeshore should not be burdened with providing this access to the inland owners. At the same time, it is not reasonable that inland lot owners should have the ability to hinder the public's use of the right-of ways or access points. The private uses and public uses of the intended access points must be located and achieved in a manner that will avoid use conflicts. Zoning Code Section 10.31 Subd. 5 recognizes the special access needs for Big Island inland lots and establishes regulations for where and how the Island right-of-ways may be used. These regulations apply only to the RS District, hence any concern about setting a precedent for the 'mainland' is alleviated. The table on the next page provides a brief analysis of the capabilities and problems associated with each of the dedicated roadways which might be used for inland owner access. LMCD Regulations Impact Use of Right-of-Ways for Docking On April 10 staff discussed the use of right-of-ways for docking with LMCD Executive Director Greg Nybeck and LMCD Attorney Charles LeFevere, yielding the following information: -Any 'existing site' qualifies for 2 watercraft regardless of shoreline length if platted prior to 1970. -Therefore, the 90' site ("C" on Exhibit D) could have 2 watercraft and the 50' site could have 2 watercraft. Technically, each of the other access lanes could also have 2 watercraft, but the width becomes an issue for meeting required dock setbacks. -A potential option is to do a credit transfer: add the widths of all City-owned accesses on Big Island and do a multiple dock situation at one site; this would allow a number of slips at the designated site equal to the total shoreline length divided by 50'. The upside is that this would allow for transfer of access rights from unusable accesses to those that are usable. The downside is that 5 or more watercraft at one site would require a multiple dock license. -Per LMCD code, For sites 50' wide or wider: side setback for a 50' long dock= 10'. For sites narrower than 50': side setback may be reduced to 5' if adjacent dock use areas are not impacted. #2549 220 Big Island -Dock Request Page 3 Right-of-way Key A (N. End Lawn Avenue) B (E. End Tooisit Avenue) C (Main Access) D (Bay Place Lagoon Access) E (Meadow Lane East Extension) F (Meta-Comet Ave South End) F-2 (Massasoit Avenue South End) G (Massasoit A venue West End) H (Meadow Lane Alley) Width Comments 33' Fairly exposed, remote from most properties it could serve 33' 90'± 50'± 20' 33' (33) 33' 16' 4'+ steep bank up to more level ground; there were dock sections stored at this location, apparently has been used for a private dock previously; as remote from inland lots as Site A; not suitable for vehicles Flat, wide road right-of-way leading from shoreline to inland right-of-ways, by far the widest and historically most used vehicular access for the Island; has an informally established dirt 'road' leading to the interior right-of-ways; site is more than wide enough to accommodate a small number of conforming-setback seasonal docks for inland owners while not blocking vehicular access; downside is that an old ice ridge with mature trees is along most of the shoreline, with a wetland area behind it; use of access for docking during high water might require dock sections parallel to shoreline to avoid climbing over the ice ridge 3-4' lakeshore bank, not suitable for vehicular access but appears to have potential to accommodate a small number of conforming-setback docks; walking access to inland lots very feasible; this appears to be the most likely site for docks for inland owners on the south end of the island 10-15' bank at shore, not suitable for vehicular access and would require a substantial stairway system to be usable for pedestrian access Fairly level at shoreline, climbs steeply once Lakeview Avenue is reached; plat maps unclear as to whether right-of-way currently extends to shoreline; although original 1887 plat road does not extend to shoreline, 1922 replat shows shoreline closer to road than original, and current County plat maps suggest shoreline may extend into right-of-way; may have some potential as a vehicular access for properties at the south end of the island According to original old plats and current plat maps this right-of-way does not extend to the lakeshore. Steep but relatively pedestrian-friendly access point; not usable for vehicles, some potential for perhaps one inland-owner dock, historically has provided walking access primarily for the abutting property to the south Narrow right-of-way capable of vehicle access; gentle slope rising from shore has suffered severe erosion from recent over-use and abuse; functionally too narrow to have a dock that meets minimum LMCD/City setback requirements while still maintaining usability for vehicles; capability for vehicular use should be maintained for service or emergency use, however, the regular use of this site for vehicles needs to be curtailed and erosion control measures taken. #2549 220 Big Island -Dock Request Page 4 Discussion Staff spent an afternoon on the Island in late March to view the access locations. Photos were taken and an attempt was made to determine the boundaries of each of the two larger accesses ("C" and "D" on Exhibit D-1 ). Staff was unable to locate corner pins, hence the City has hired a surveyor to mark these access boundaries. We anticipate he will be out on the Island the week of April 10-14; no word as of this writing. However, the comments in the table above are based on our inspection. Only two of the eight platted access locations, C and H, are readily suited for motor vehicle access (across the ice in winter or from a barge in summer); the others have topographic limitations, and in the case of "F" there remains a question of whether the right-of-way reaches the shoreline. Accesses A and B are relatively remote from all but the northerly inland lot (Scheftel, parcel 3 on Exhibit D-1 ), and would not seem to provide a reasonable access point for the Lovelace site (parcel 2). Access C is wide enough to handle docks for each of inland parcels 1 and 2 without limiting vehicular usage when necessary. The only issue at access C is that due to the ice ridge between the shore and the wetland behind it, a dock section parallel to the shore may be necessary to provide walking access to the flat landing area (see Exhibit D-2). Access D (Bay Place) is similarly wide enough to handle two docks for the inland lots. The shore has a slight rise so a low stairway would likely be needed. There is no visibly defined walking corridor within this access, but rather it appears to be maintained as lawn for the cabin on inland parcel 3. Access Dis used by the owner of parcel 3 for a dock via City Resolution 2038. Access D could provide suitable dock access for additional inland lots 4 thru 8, although more than 2 docks or slips may require special LMCD approval. Access E would require development of a 10-15' high stairway, and therefore is not readily functional as a dock site. Access F has some potential for access, but is relatively remote in both distance and topography from the only inland lot it might serve. Access G has a steep but pedestrian-friendly path leading to the cabin on the adjacent property to the south, but is remote from most of the inland lots that might need dock access. Access H is the narrowest of all platted accesses in Morse Island Park and cannot functionally support a dock while still providing emergency or occasional vehicular access at the same time, and would also not meet LMCD dock setback regulations. Staff would not support provision of a dock at access H for this reason. Finally, for the same reasons the City ordinances for the 'mainland' prohibit accessory structures on lots without principal structures (i.e. security, site control, and maintenance) it is appropriate to have assigned dock access points located as near to the inland lot they serve as possible. #2549 220 Big Island -Dock Request Page 5 Staff Recommendation It has been staffs intent to not only reach a conclusion on the Lovelace request but to provide some direction for future access requests. Based on our review of the access sites, the topographic and other limitations of each site, and the locations of the inland lots which may request access in the future, staff recommends as follows: 1. Inland parcels 1 and 2 (Scheftel, Lovelace) should be allowed dock access at Access C. 2. Inland parcel 3 should continue to be allowed a dock access at Access D. 3. Inland parcels 4 thru 8 should be assigned future access at Access D if they request it, subject to LMCD regulations. 4. Inland parcel 9 could be served by a dock at either Access Dor Access E; Eis closer but presents more topographic difficulties. 5. Accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland lots and should therefore remain dock-free. 6. Access H has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. I have also included a draft version of the proposed Comprehensive Plan language discussing Big Island for your review -it may add to your understanding of Big Island issues. Options for Action 1. Recommend approval per staff recommendation. 2. Recommend denial, stating reasons. 3. Recommend something other than staff recommendation. 4. Table for further information. ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#11) #2549 DAVID LOVELACE, 220 BIG ISLAND, DOCK PERMIT, 10:50 p.m. -11:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a dock permit to access an inland lot without lake access. City Ordinance allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one season dock will be approved for access to any one property. In reviewing and approving this permit, the City Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and LMCD dock regulations. The City Council may establish reasonable standards or requirements in approving any such dock permit. Weinberger stated the City Council has preliminarily reviewed this application and recommended one area on the east side of Big Island that could potentially serve as access to the inland landlocked properties. This particular location has been established as an area for potential dock permits to be granted for inland property owners simply because no other access exists elsewhere. Currently there are two inland properties that currently have dock access to Lake Minnetonka; with the dock being located in the right-of-way and having been in use since 1986. Weinberger stated permits are only required for the docking and not for any other public access. For example, walking along the public right-of-ways is allowed without a permit. City Code states permits issued are valid for one year and 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 30 days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission. Weinberger noted this is the public hearing for this dock request, with all property owners having been notified of the hearing within 350 feet of the access. Weinberger stated the City has expanded the 350 foot requirement and have notified all inland property owners of the status of this application and the public hearing being held tonight. Weinberger stated there are approximately four or five separate record lots, which could consist of several Pl D's, that are actually inland on Big Island. Not all of the lots on Big Island are buildable lots. Only a few actually are developed with a dwelling on the property. The total number docks potentially, including the one that currently exist, would not exceed four or five individuals who could potentially request dock access. The property in this case is flat enough and could sustain the type of access being requested in this case. The dock access would be located in an area approximately 90 feet wide, which is probably the only area on the island which will be able to sustain future dock access and allow for access by the other in,!;:ind property owners. Weinberger stated the City Council has previously granted a lot area variance for this property to permit the Applicant to construct a seasonal dwelling on the property. The property consists of 4.3 acres in size and is landlocked. Weinberger noted there is a platted right-of-way that goes directly from the access and is recognized as a road. Some minor grading and maintenance of this road has occurred in the past. The City has not performed any of the maintenance in the past and does not have an interest in assuming that responsibility at the present time. Page 22 ORONO PLANNING COM.L"1ISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) City Staff understands the need to provide access to the inland landlocked properties on Big Island, and recommend approval of the dock access, with the permit being subject to renewal on an annual basis. Weinberger stated issues for consideration by the Planning Commission include the following: 1. Should the dock rights be for property owners without any other access? 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediately revoked. 4. The City Council has reviewed this item with Mr. Lovelace and has provided direction for the Applicant and Staff. 5. The following are uses permitted on Big Island: Seasonal dwellings, with some accessory structures being permitted on the land without a principal structure. Weinberger stated he would be available for questions by the Planning Commission. Lovelace stated he does not have any additional comments. John Uran, 160 Big Island, expressed concerns regarding the swampy nature of the land in the area proposed for the dock access. Uran stated he is not in favor of this dock access, particularly when the location of the road and swamp have not been properly identified. Lovelace indicated the dock access being proposed is a substantial distance from his property, but his main concern is obtaining access to his property and not necessarily the location of the dock. Chair Hawn commented that unfortunately due to the location of Big Island, it is difficult for the Planning Commission members to view the site. Lovelace stated the other landlocked property owners have the right to request dock access and the City Council is attempting to accommodate those possible future requests as well with this proposed dock location. Lindquist commented he would like to have a survey done of this area to determine the exact location of the road and the property lines. Uran stated City Staff needs to review the site during the spring and summer months to determine the location of the wetland. Tom Egan stated the[~ presently are posted signs saying no vehicular traffic on the inland roads. Gaffron commented that the City is aware that there is vehicular traffic on those inland platted roads, but that the City is faced with the situation of having to provide access to the landlocked properties. Gaffron stated the City is assuming when these roads were platted approximately 120 years ago, they were intended to be used to gain access to the inland properties. Gaffron inquired whether another area is available for dock access should this proposed 90 foot area not be suitable. Gaffron suggested that the Big Island property owners arrive at a workable solution amongst Page 23 ORONO PLANNING COMMISSION MONDAY, NOVE:t\-IBER 15, 1999 (#2549 David Lovelace, Continued) themselves or the City will be faced with deciding where the dock access will be located. Mrs. Uran suggested that perhaps Mayor Jabbour has a conflict of interest in this matter since he is a property owner on Big Island. Chair Hawn pointed out that Mayor Jabbour is not present tonight. Kluth stated if Mayor Jabbour feels there is a conflict of interest that exists in this matter, he can excuse himself. Chair Hawn stated the City would like the property owners on Big Island to come to a solution that the parties can live with. Hawn pointed out the members of the Planning Commission have a difficult time gaining access to this area and are unfamiliar with the layout of the land. Kluth stated he was in agreement with Hawn, and urged the local residents on Big Island to reach an amicable solution among themselves. It was the consensus of the Planning Commission that the property owners on Big Island reach an amicable solution among themselves regarding dock access for the inland landlocked property owners. Egan stated the landlocked property owners purchased the property on Big Island knowing it was landlocked at the time. Lovelace remarked he is entitled under City Ordinance to apply for dock access, and indicated he would be willing to sit down with the other residents of Big Island in an attempt to reach a workable solution. Egan inquired whether the land needs to be developed prior to dock access being granted. Gaffron stated City Code allows property owners on Big Island to have dock access to their property even if it is undeveloped. Gaffron stated the City of Orono is required under Ordinance to provide dock access to the landlocked parcels. Gaffron indicated he would be willing to work with the property owners on Big Island in an effort to resolve this matter and is in support of providing one dock access for the inland property owners. Chair Hawn stated due to the suggestion by City Staff to have the property owners arrive at a workable solution among themselves, Hawn inquired whether the Applicant would be willing to have this application tabled and to waive the 60 days. Lovelace stated he would be willing to have his application tabled and to waive the 60 days. Lovelace requested that a deadline be set in which this matter should be resolved. Egan stated since their· boats are in storage for the winter and it would be difficult to access Big Island at this time, he suggested they be given until late spring to resolve this. Egan noted that some of the property owners are only available during the summertime. Lovelace pointed out that the residents will still need to follow the rules set by the governing body of the lake. Smith commented that City Staff could assist the property owners in that regard. Page 24 ORONO PLANNING COl\iL'1ISSION MONDAY, NOVEl\'IBER 15, 1999 (#2549 David Lovelace, Continued) Gaffron indicated he would be willing to work with the Big Island property owners on this matter and to obtain the necessary information from the LMCD. Stoddard moved, Smith seconded, to table Application #2549, David Lovelace, 220 Big Island, until April to allow the Big Island property owners time to resolve this matter. VOTE: Ayes 7, Nays O. (#10) #2547 KIMBERLI AND WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 11 :29 p.m. -11 :30 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were not present. Stoddard moved, Kluth seconded, to table Application #2547, Kimberli and William Abbott, 470 Big Island, due to the absence of the Applicants. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#12) MIKE HILBELINKJJOHN VOGT, 3850 WATERTOWN ROAD, CLASS Ill SUBDIVISION Mike Hilbelink, Applicant, and John Vogt, Applicant, were present. Weinberger this is a sketch plan review with the Applicant proposing to subdivide a 21 acre parcel into a three lot rural residential development. The proposal would require, one, approval of a private driveway for a property to serve a three lot development where a road would typically be required for a three lot subdivision; two, variances to approve a subdivision resulting in a barn to be located within a required side yard adjacent to street setback; three, septic sites to be reviewed and approved by City Staff; and four, approval of a subdivision with an outlet dedicated to a riding ring in favor of proposed Lot 2. Weinberger stated the property lies within the RR-1A zoning district, which has a five acre minimum lot size. The major issue in this subdivision relates to a platted driveway and the location of an oversized accessory structure. Lot 3 has the required frontage along Watertown Road, with Watertown Road having been defined as a collector street. Staff has concerns regarding direct access to Watertown Road. If a private road is constructed within Outlet A, the lot would become a comer lot and the lot width would be measured along the private road. If the private road is constructed, the lot would not meet the minimum lot width required for this zoning district. The · Public Services Director has reviewed this lot layout and has recommended that Lot 3 not be granted direct access to Watertown Road. -, ... , Weinberger stated some of these issues relating to road access can be resolved with City Staff. In addition, the barn, if developed with an access outlet or a private road, would require a variance to remain on the property. The barn would be located on Lot 2 and would be located entirely within the 100 feet side yard adjacent to street setback as proposed for an outlet. Barns are required to meet a minimum 75 foot setback to the lot line. Weinberger noted the barn encroaches into the 75 foot required setback. Weinberger stated the standard requirements would need to be complied with as they relate to Page 25 TO: Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Planner DATE: November 9, 1999 SUBJECT: Request for Dock Access 220 Big Island Exhibits A Big Island Address/Ownership Map B Enlarged East Area Map C _-'-',........~~W~1.Ar~ ~ Resolution No. 2§,S_-7 City Council Minutes (August 25, 1986) Approving Resolution No. 2038 Summary of Request David Lovelace is owner of the property located at 220 Big Island. The property is an inland lot without lake access. Mr. Lovelace has applied to the City of Orono for a dock permit per Municipal Code Section 10.31, Subdivision 5 (C). The City Council has preliminarily reviewed this item. Please refer the to the enclosed City Council Minutes from October 25, 1999. On April 12, 1999 the City Council granted a lot area variance for the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date ofthis memo the City of Orono has not received a building permit. The property is 4.3 acres in size and is land locked. The access to the lot is via any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. Municipal Code Section 10.31, Subdivision 5 (C) allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted #2549 David Lovelace 220 Big Island IJ/15199 Page I public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are 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. Any formal requests for permits on Big Island require the public hearing with the Planning Commission. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The following is a list of PIDs of all land locked tax parcels on Big Island: 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 23-117-23 22 0002* 23-117-23 23 0028 (Has been approved recently for a lot area variance) 23-117-23 23 0033* (Dock Permit issued in 1986) 23-117-23 23 0003 23-117-23 23 0004 23-117-23 32 0020 23-117-23 32 0046 23-117-23 32 0047 23-117-23 32 0048 23-117-23 32 0049 480 Big Island 23-117-23 32 0062 490 Big Island 23-117-23 32 0018 500 Big Island 23-117-23 32 0019 580 Big Island 23-117-23 31 0031 * 590 Big Island 23-117-23 31 0020 (Has a dock through right-of-way) * Developed property Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the property. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion I. Should the dock rights be for property owners without any other access? #2549 David Lovelace 220 Big Island 11115/99 Page2 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy revoked. 4. The City Council has reviewed this item with Mr. Lovelace and has provided direction for the applicant and staff. Please refer to the enclosed City Council Minutes from October 25, 1999. 5. The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A. Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, seasonal recreational use ofland without structures, or with accessory structures only, such as tent camping or day-use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a) Docks conforming to City and LMCD Code requirements b) One storage building not to exceed 120 square feet in area c) Firerings or barbeque pits d) Open deck or screen house not to exceed 300 #2549 David Lovelace 220 Big Island ll/15/99 Page 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_0_3_8 ___ _ A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, THEREFORE, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island to serve inland property to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10' 51-100 feet in length 15' 3. Dock sections not to exceed 6' in width 4. One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless for- ever from any and all claims _resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at any time for any reason in the future upon review and revocation by the Orono Counci 1. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no removal, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. ( Adopted of ~ugust, 1986. i by the City Council of the City of Orono on the 25th day ATTJpT: Tim Adams, Acting Mayor ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 Jabbour amended his motion to include denial of the comprehensive plan amendment t ouide the land use designation from two acre density to one acre density. Pet on seconded the motion. Mayor Ja our inquired whether there were any public comments regarding this application. There were ublic comments. *(#6) #2531 ROGER AN LIZABETH OLSEN, 815 PARTEN,VOOD ROAD - RENEWAL VARIANCES - Flint moved, Peterson seconded, to prove and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Va nces to Allow Remodeling and Expansion of the Existing Residence Located at 815 P · enwood Road. VOTE: Ayes 5, Nays 0. *(#7) #2538 ROB AND TORI JAFFRAY, 540 }jJ,.,.. ....... ,ETT A VENUE -VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt ............ ~ a Resolution Granting Variances to Permit Construction of mers on the Second Story of an Existing Residence Located at 540 Barrett Avenue. *(#8) #2541 PAUL PHILLIPS, 2140 SIXTH A VENUE NORTH, FIN ~!:.r .~A. T OF PlllLLIPS WOODLAND TERRACE THIRD ADDITION -RESOLUT 1.~O. 4369 VOTE: Ayes 5, Nays 0. . Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 436, A Resolution Approving the Plat of Phillips Woodland Terrace Third Addition. -·-.---!ill.I ZI.S.0&4 9 AF -.J--2 I -IA . oo "-~ ,,. (#9) REQUEST FOR DOCK ACCESS -DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present. \Veinberger stated the Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted a lot area variance for this property to permit the construction of a seasonal d\•,elling on the property. As of today's date, the City has not received a request for a building permit from the Applicant. The property is 4.3 acres in size and is landlocked. This property is one of several lots on Big Island that potentially will request dock rights. \Veinberger stated that according to Municipal Code, installing, maintaining, keeping or using a private dock on any platted public right-of-way, when such a dock has been specifically authorized as part of a permit issued by the Council, is allowed. Not more than one seasonal dock Page 7 '·'t; .it ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property owners within 350 feet. Weinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property ovmers without any other access. Some of the parcels on Big Island are held in common ownership but are not combined for tax purposes into one tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval \Vas any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this boat access with the adjoining property O\vners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City-0\vned docks and that the City Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landowner to request dock access: Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) Gaffron stated an issue to be revie,ved is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaffron stated a number of complaints have been receiyed regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at this location, with the Applicant being required to have the license renewed yearly. Lovelace acknowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled if there were multiple owners. Mayor Jabbour stated that a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, with a public hearing being held to enable the local citizens to comment on this issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not legally permitted to leave his boat at a public dock for an extended period of time. Kelley suggested that the length of the dock be limited. Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff ,,ill prepare a resolution outlining the items discussed for review and approval by the City Council. Mayor Jab · _· dicated that a number of meetings regarding consolidation of Long Lake and Orono have been . \vi.th issues dealing with land use currently being discussed. Jabbour stated that a member of the co • · dation committee pointed out that the City Council does not have the authority to deny an applicah ~tis in compliance with the City's Comprehensive Plan·and Ordin~ces. ·,., Jabbour invited the general public to attend ~hl'lll<'rm Flint inquired what progress has been made on the Dake Mayor Jabbour stated that the October 14th deadline has been ex1en~0 days. Jabbour stated it was his understanding the railroad "'II cease to operate at that t~ Page 9 Mayor Gabriel Jabbour City of Orono 2750 Kelly Parkway Orono, MN 55356 James Ogland 525 Ferndale Road N Wayzata, Minnesota 55391 RE: Big Island dock permit request#2549 at 220 Big Island. I think it sets a bad precedent to issue a dock permit for private use on pubic property. In almost all situations most propertt"!:~ they want lake access, are required to pur- chase a lake property to do so. I dcfteel that it is the responsiblity of the City to give them access even if the property is land-locked. It makes little difference if it is on an island, land based owners are not given this right, they must purchase their own lake shore. I know that there are previous permits issued, and they should be graih~ in, but now is the time to put a stop to non-lakeshore property owners to get free access to the lake. Adjacent neighbors should not be expected to have inland owners using a fire lane for their private use. These lake accesses were not intended for this use. If you allow this, then what is next? snowmobile route, winter car driving off the ice. I will not be able to attend the council meeting as will be out of the state. I own the lot at 200 Big Island Sincerely, James Ogland cc: Paul Weinberger + . .:-~- @ .. IAfAN ·····A····················································· l IUfv1AAr.:..\c__ 'BE:H/J/fJ(..,, + BAc~-fs (.,UAt...$1-\ 0'0/\RA + @ '@) ,;: ........... l ) I I -, , l ) C, - \ ---.. -.., , f \ l 1.._ f I ,,. I I I , -- ( 0 t (j-- ' ~ 3J_ ' -------r-------•, '2 s .. l ' I ;1 ' I ' I I ' ~------- l ' ------ --~ ~- \ -::s \ ' \ \ \ \ \ \ \ \ \ \ I~~ ~.GS\ \ \ \ \ % ~\ ,., ~ t ~ \ \l.._ 0.., \ 1 ~ ( '! ( \ \ \ '2 C 1 ~'2. ~\ \ C ~ ..d::.. ~ \{\ ,c£ '-- - ------r'. ....__ ~ "' ----------' ---------"-.. " " "''· ~c'~~ ~ "---- --~ ~ ... m (\I) ., ~r•-~_U. ,! L_!!..ra __ .f'••~ -~ U.& L~~f: JJ, jA-QS.rA. i I ~ l j' /~ . . 11-•}-';" .E.·.··· .i{:,,,u/' (~II C'ZV)lllJ.., .JJl•• ~L7J /'•rt-' U,,u.,d . . J...,v 1<•!.t.u "½ u,u .......e.,d ~f, ~='f -m:,ul: ·f ti, -UJ,.. J ,Gr,< ~ /4..l«u. !• .!i.L.•f?t,.;........-· .,1;~,frct~ •• -Ii-, -fl[,_ £0{,;., L.~-<-« i MOR5ElaLAND PA2K ,·".<· , c§E.COND ADDITION HENNEPIN CouNTY MINN • .Beale I" -18>0' § 10.31 Subd. 5. Permit For Private ImproYements Within Public Rights-of-Way. It is unlawful for any person to alter, improve or use for priYate purposes any platted public right-of-way, any platted public park, or any other property owned by the City without first obtaining a permit from the Council, as follows: A. Inland Property Access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the Council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The Council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners wh~ may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 C. Dockage on Right-of-Way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose including inland property access is prohibited except when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. D. Encroachments Prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the City except as specifically authorized by a permit issued under this Subdivision. ORONO CC 312 (4-1-84) § 10.31 E. Permit Exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. F. Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. 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 maintained. 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 buildability, use and/or subdivision of each existing record lot as defined and identified therein: ORONO CC 313 (4-1-84) • €xii I 1-1- --- LAKE MINNETONKA ISLANDS Land on Big Island (including the east and west islands plus Mahpiyata Island) and Deering Island has been privately owned for many decades and has been used for a significant number of seasonal cottages plus a few year-round homes. The islands also contain a substantial amount of public and private park land and recreation areas. BIG ISLAND History Big Island was first called Meeker's Island for Judge Bradley B. Meeker who settled there in 1852. W.B. Morse purchased it in 1854 and for many years thereafter it was known as Morse Island. In 1887 and 1888, two subdivisions to create small parcels were platted, Morse Island Park on the most southerly point, and Pleasant View on the west end. This resulted in the construction of a number of individual summer homes. During the early 1900's, the Twin City streetcar lines operated Big Island Amusement Park on the east end of the island. The onset of World War I resulted in its dismantling. This 60-acre property eventually became the Big Island Veterans Camp, which is still in operation. Hennepin Parks acquired a 60-acre parcel near the center of the island about 30 years ago, and since then acquired a few small adjacent parcels totaling an additional 10 acres as they became available and as funds permitted. By the early 1970's, approximately 50 mostly seasonal cabins existed on private parcels on Big Island. In May 1972 the Orono Village Council declared via Resolution No. 446 that "the long range highest and best use of Big Island is for park purposes", acknowledging that the provision of public services to the island is uneconomical and and unlikely to occur in the future. It was suggested that the Hennepin County Park Reserve District should administer such a park. The 1980 Orono Comprehensive Plan noted the same concerns, and again encouraged eventual ownership by Hennepin Parks. However, the City declared it would not condemn private property for park purposes, and therefore in 1983 created the "RS" Recreational Seasonal Zoning District, providing development standards for continued private recreational/ residential use of the island until such time that the slow transition to a public park is complete. The RS Zoning District provides specific standards and limitations for permitted, conditional and acessory uses on the island, with a strong encouragement toward recreational uses as opposed to full time residential uses which would require a greater level of services than the City can reasonably provide. CMP 3B -39 d Physical Features Big Island encompasses approximately 250 acres in area, of which approximately 50 acres is wetland. A navigable channel actually separates Big Island into two distinct islands. The shoreland ranges from flat , low wetland areas near the lake level to steep and often eroded bluffs extending as much as 30-40' above lake level. The topography is hilly. The highest point on the island is 988', nearly 60' above lake level , located near the south end of Morse Island Park.· Soils on Big Island are mapped as Hayden loam and clay loam, typical of soils located in central and northern Orono. Beach sand soils occur in a number of flat, low areas near the shoreline. Except for scattered clearings to accommodate individual cabins or recreation areas, the island remains heavily vegetated with hardwood species typical of the "Big Woods". Services Big Island is provided with only a minimal degree of municipal services. There is no municipal sewer or water on the island, hence the use of individual septic systems and wells is common. The island is provided with telephone service and electric power via lines from the mainland. Police protection is minimally provided by the City of Orono and the Hennepin County Sheriff. Fire protection is provided by the Long Lake Fire Department although response time is understandably poor due to the lack of roads or bridges connecting the island to the mainland, and access to the island makes firefighting extremely difficult. Other services such as street repair, snow removal, inspections, and regular garbage removal are difficult , uneconomical and in some instances virtually impossible to provide to residential property located on the island. Access There are no improved roads on Big Island. A limited system of roadways and alleys was platted more than a century ago in the Morse Island Park and Pleasantview subdivisions, which primarily created narrow lakeshore lots but also resulted in a small number of inland lots not abutting the lakeshore and needing access to the lake. These platted corridors exist today as walking trails which on occasion are used for vehicular access. Since most lots do abut the shoreline, use of the interior roadway system has been primarily by the owners of interior lots , and by owners oflakeshore lots with shoreline slopes that prohibit direct lake access. Vehicular access is necessary for nearly all island properties on occasion, hence the interior roadways are an important transportation element for Big Island. Overuse of the road sy stem by residents or the general public is of concern, since the roads are not improv ed. Erosion and trespass are two main issues , because the roadways are not marked and they often traverse steep slopes, especially where lanes extend to the lakeshore. CMP 3B-40 Big Island Issues By virtue of its unique geographic aspects, Big Island presents a number of issues that the City must address on an ongoing basis: 1. Use and maintenance of interior road system; access to inland properties; overuse by vehicles 2. Public use of interior road system, trespass on private property 3. Pressure to accommodate more year-round residential uses, with concurrent expectation of greater services 4. Uncontrolled recreational use of adjacent bays for partying 5. Provisions for safety and emergency services 6. Bluff and shoreline erosion Big Island Goals and Policies f"s;,v~ Goals: / 1. Continue to promote the eventua ~ership and management of Big Island by Hennepin Parks as a seasonal recreational resource rather than as a year-round residential area. Hennepin Parks is the most appropriate agency for operation of such a park. The City understands that this conversion is a necessarily slow process. The City does not intend to encourage condemnation or active acquisition programs . The City does encourage Hennepin Parks to acquire any and all island property as it becomes available. 2. Continue to allow seasonal recreational land usesand limited residential uses in the interim. Such use must be subject to strict enforcement of all performance standards and the explicit understanding that the City will never be able to provide even basic public services. 3. Maintain the natural, seasonal recreational character of the island. 4. Provide at least a minimum level of emergency access to the island. 5. Avoid or minimize future problems on the island in relation to sanitation, safety, fire protection, erosion, etc. CMP 3B -41 Policies: 1. Existing RS District controls on development and land use will be strictly enforced, and reinforced where necessary, to avoid potential problems related to sanitation, public safety and security, fire protection, etc. 2. The City will encourage private landowners of island properties to protect their shorelines from erosion. Natural rock rip-rap and other natural methods will be encouraged. Development of retaining wall systems in the lakeshore area will be discouraged. 3. 4. The City will define specific approved access locations for individual inland Record Lots, and will establish policies and ordinances regulating vehicular use of the undeveloped roadways. Use of the undeveloped platted roadways for vehicular travel will be limited to the extent necessary to protect private property as well as to curtail and prevent soil erosion, tree · damage, etc. Tree removal within platted rights-of-way shall be by permit only. No platted right-of-way shall be paved except that the City may improve or specifically permit improvement of designated access locations in order to maintain suitable access and limit environmental damage. The City may close to vehicular use certain platted roadways if it is determined that continued use will cause environmental harm. Island lakeshore will be maintained in a natural state. Tree removal near the lakeshore shall be as strictly regulated as it is in all lakeshore areas of the City. Deering Island Deering Island is a small (approximately 4-5 acres) privately owned island in West Arm Bay, constituting a single tax parcel and having a single owner. Many of the same issues, goals and policies pertaining to Big Island carry over to Deering Island. CMP 3B-42 .... ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2513 Connie Piepho, Continued) Stoddard moved, Nygard seconded, to recommend approval of Application #2513, Connie Piepho, 540 North Arm Drive, to permit construction of an inground swimming pool within the average lakeshore setback, and to grant a variance to the septic code and permit a drainfield site to be located less than 75' from the neighbor's well, subject to the neighbors' approval in writing prior to work being commenced on this project. VOTE: Ayes 5, Nays 0. (#3) #2549 DAVID LOVELACE, 220 BIG ISLAND -REQUEST FOR DOCK ACCESS , 7 :00 p.m. - 7:37 p.m. David Lovelace, Applicant, was present. Gaffron stated this item appeared before the Planning Commission on November 15, 1999, where it w as tabled to allow the Big Island property owners time to rev iew th e options and hopefully reach a neighborhood consensus of a dock location, with this issue being resolved by mid April. Gaffron stated City Staff has not been informed of any consensus from the neighborhood , with the City being obligated at this time to resolve this issue for the Applicant. Gaffron stated the plat of Moorse Island Park, which is the eastern half of the island , created a nu mber of lakeshore lots, a number of inland lots , an interior right-of-way system with a number of 2 ieys, roads and public areas extend i ng from it to the lakeshore . All of these right-of-ways were n nated and dedicated to the public use forever on the original 1887 plat . Gaffron stated it is his : pinion the only reason the rights-of-way were platted this way was to provide for access to and fro m the lake . These platted corridors exist today as undeveloped walking trails , which on occasion have been used for vehicular access . Gaffron noted some of these pathways are outside the dedicated right-of-ways , with the majority of the right-of-way boundaries not being visibly marked . However, utilities are generally located within the right-of-ways on Big Island. Gaffron stated Orono's zoning code recognizes the sp\;lcial access needs for Big Island inland lots and established regulations for where and how the island right-of-ways may be used . These re g ulations apply only to the RS District and not to the mainland . Lakeshore property owners with inaccessible shorelines may also need lake access . Inland lot owners need a place to land a boat in the summer. It is not unreasonable to provide a location where inland lot owners can dock a boat for extended periods while they are on the Island . However, owners of lots abutting the lakeshore should not be burdened with providing this access to the inland owners , while at the same time inland lot owners should not have the ability to hinder the public's use of the right-of-ways or access points . Gaffron stated City Staff has reviewed each and every one of the access points found on Big Island. Tonight's application deals with providing access to Parcel 2 . Gaffron noted only two of the nine access points are suited for vehicular access . w ith Access Point C being 90' wide and Access Point H being 16' wide . Gaffron stated due to topography issues , the other access points are unsuitable for vehicular access. Access Points A and B are located on the north end and are fairly remote from most of the properties it could serv e. Gaffron stated Access Point C is wide enough to accommodate a small number of conforming setback seasonal docks for inland owners while not blocking vehicular access . This right-of-way is the widest and historically the most used vehicular access for the Island and has an informally established dirt road leading to the interior r ight-of-ways . Gaffron stated the City's surveyors have finished their review of Big Island this afternoon and have determined that the undeveloped roadway Page 5 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2549 David Lovelace, Continued) is located primarily on the Uran property. Gaffron indicated he has not viewed the site since the survey stakes were placed. Gaffron stated Access Point D is 50 feet wide, with a portion being vacated in approximately the 1950s. This access point is not suitable for vehicle access and has merging lot lines. LMCD code requires a ten foot setback, with this area potentially only being able to have a five foot setback due to the merging lot lines. Gaffron stated there is a potential for two lots to be located in this area, with no defined pathway. Gaffron stated Access Point E is not suitable for vehicular access and would require a substantial stairway system due to the steep bank in the area. Access Points F and F-2 require additional survey work to determine whether the right-of-way currently extends to the shoreline. Access G is steep but would provide a relatively pedestrian friendly access point. Access Point H has a very narrow right-of-way capable of vehicle access but has suffered severe erosion over the years from over-use and abuse. Due to its narrow width, this access point is too narrow to have a dock that would meet LMCD's minimum setback requirements while still maintaining usability for vehicles. Gaffron stated in conclusion it his opinion that the two most viable access points would be Access Point C or Access Point D, which are both wide enough to permit more than one dock. Gaffron stated he would not recommend docks at any of the other possible access points. Gaffron stated due to the erosion being experienced at Access H, he would recommend the Public Works Department look at the situation to see what restoration would be appropriate and to limit its access by erecting a chain or gate. Gaffron noted there currently are vehicles on Big Island, which will need to be looked into further. Gaffron stated it is City Staff's recommendations, one, that inland parcels 1 and 2 be allowed dock access at Access C; two, inland parcel 3 continue to be allowed a dock access at Access D; three, inland parcels 4 through 8 should be assigned future access at Access D if they request it, subject to LMCD regulations; four, inland parcel 9 could be served by a dock at either Access D or Access E; five, accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland lots and should therefore remain dock-free; and six, access H_ has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. Lovelace indicated his view of the situation is basically the same as what he stated in November Lovelace stated one of the original proposals was to allow him access through Access Point C. Lovelace indicated the neighbors have attempted to resolve this issue but were unable to reach a firm consensus on where access should be. Hawn indicated that some members of the Planning Commission have had an opportunity to tour Big Island. Hawn commented in her view Access Point C seems to make the most sense. Lovelace inquired whether it was City Staff's proposal to have two docks located at Access C. Gaffron indicated separate docks could be provided for Lovelace and Scheftel at Access C. Scheftel indicated she would prefer to have only one dock at that location and would not object to sharing a dock with Lovelace. Mrs. Uran stated she would not be in favor of improving the road since the majority of the roadway lies within their property and they would prefer to limit the amount of traffic on the road. Lindquist inquired whether the Urans are in agreement with Staff's recommendations. Pa~c 6 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2549 David Lovelace, Continued) Mrs. Uran stated she is in agreement with the recommendations, but questioned whether both dock and vehicle access need to be provided at separate locations since vehicle access is only possible during the winter months. Gaffron stated the City needs to address permanent dock access for the inland lots. Hawn commented the City is looking at the topography and the suitability of the land in order to provide access to the inland lots. Mr. Uran stated he has concerns about people traveling over his land to gain access to the inland lots. Gaffron stated the City needs to take steps to address the erosion in this area as well as how to access the inland lots. Gaffron reiterated that Access Point C is wide enough to accommodate two docks. Gaffron noted that he only became aware of the location of the roadway this afternoon, which will need to be further addressed. Mr. Uran inquired how access relating to construction on Big Island will be handled. Gaffron stated that issue will also need to be further addressed, noting that they are primarily looking at providing an access point to enable the inland property access to their land. ;-1a·.vn commented there are other issues on Big Island that need to be addressed as well relating to :":e amount of debris and vehicles on the Island. Hawn stated the residents of Big Island need to comply with Orono's standards as well as the residents on the mainland. Mrs. Uran commented that the two are separate and should not be compared. Hawn reiterated that the residents of Big Island need to take care of the Island. Hawn inquired whether the Urans would be in favor of one dock or two docks at Access C. Mrs. Uran stated she would prefer one dock at this location. Hawn stated in her view it appears that both Lovelace and Scheftel are er:titled to their own dock at Access Point C. Scheftel stated she is willing to share a dock with Lovelace. Hawn questioned whether the City is looking at insuring the rights of each individual _property owner to have access to its own dock. Gaffron stated it is the City's intent to provide a public accessway to the inland properties, and whether it happens via one dock per property owner or a shared dock will require the property owners to comply with whatever the City deems to be appropriate. John Eiden, 330 Big Island, inquired whether Access Point D would be acceptable. Gaffron stated this is a possible future access point on the south end of the island, but due to the merging lot lines, there may not be sufficient room to have more than two docks at this location. Page 7 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2549 David Lovelace, Continued) Hawn inquired whether City Staff is looking to provide access to all the inland properties at this time or just for Lovelace. Gaffron stated the application tonight is to arrive at an access point for Lovelace. John Erickson commented that although Access Points G and H are not ideal, they were apparently at one time intended to provide access and should not be closed off. Erickson stated the City should take some steps to improve those access points. Gaffron stated there are some potential issues that exist with those access points as it relates to setback requirements by the LMCD. Gaffron stated if there is a need for vehicle access and a dock, there is not sufficient room to allow both. Mrs. Uran reiterated that vehicle access is only necessary during the winter months, noting that vehicles supposedly are not allowed on Big Island. Gaffron stated the City apparently has never officially banned vehicles from Big Island. Mayor Jabbour, 985 Tonkawa Road, stated there is the misperception that he is involved in this situation, noting that his property is located near Access Point H, which is not in close proximity to Access Point C. Jabbour stated due to the ten foot setback requirement that must be met on both sides of the dock, it is not permissible to have a dock at this location unless a hardship is demonstrated and a variance is approved. Jabbour stated it is his opinion the road located near Access Point H should stay open to allow for access to other properties and that the road near Access Point G that is depicted on the map is very impassable and simply does not exist. Jabbour pointed out the City must comply with the LMCD requirements in providing an access point to the inland property owners. Erickson stated it is his view that if the road has been platted, it should stay platted. Gaffron stated if the City decides to vacate a road, the road is no longer dedicated to public right-of- way and goes back to the adjoining property owner. Gaffron stated the City does not have any intention of vacating the road near Access Point H. Mayor Jabbour stated in his view it would be bad public policy to close that road, noting he is in favor of keeping the road open. There were no further public comments regarding this application. Lindquist stated it is his personal feeling there will be future requests for docks on Big Island, and recommended going with Staffs recommendations one and two. Berg stated she would like to see two docks if so desired. Hawn commented she would like to see two docks at Access Point C. Stoddard suggested removing recommendation number five, with that item being addressed in the future. Stoddard stated he is okay with the other recommendations of City Staff. Nygard indicated he is in favor of City Staff's recommendations. Page 8 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2549 David Lovelace, Continued) Lindquist moved, Hawn seconded, to recommend approval of Application #2549, David Lovelace, 220 Big Island, request for dock access, per City Staffs recommendations one and two as outlined in the April 12, 2000 Planner's Report and as follows: One, Inland Parcels 1 and 2 (Scheftel, Lovelace) should be allowed dock access at Access C; and two, Inland Parcel 3 should continue to be allowed a dock access at Access D. VOTE: Ayes 5, Nays 0. Hawn inquired whether the residents of Big Island would be interested in having a garbage barge arranged. Lovelace stated he would be very interested in having a garbage barge come to the Island, noting he has spoken with his neighbors on Big Island who have indicated they would be willing to help clean up the Island. (#4) #2555 HENNEPIN COUNTY, 3880 SHORELINE DRIVE, ZONING CODE AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCES, 7:38 p.m. -7:59 p.m. Greg Nowlan and Greg Chock appeared. Weinberger stated this application was reviewed by the Planning Commission at its January meeting where the Planning Commission recommended denial of the application due to concerns relating to the City's comprehensive plan, water quality of Lake Minnetonka, the proposed non-conforming use, and the height of the building. Hennepin County has submitted a revised proposal for the salt and sand storage facility which has reduced the height of the storage building to 20 feet from the proposed 42 feet. The proposed building would be 60' by 120' in size, still requiring a variance for an oversized accessory building. The County has indicated they have explored other options for the site, but at this time it is not feasible to relocate the entire site. Weinberger noted the salt and sand that would be stored in the shed is already being stored on the site, either in the existing building or outdoors. Most of the material must be delivered in the evening or overnight, with some limited daytime deliveries. Weinberger stated a Zoning Code Amendment is necessary to allow the maintenance facility to exist in the LR-1 C zoning district. The facility was constructed at a time when the property was zoned for commercial purposes, however, that zoning was changed to residential in the early 1970s, which has resulted in a legal non-conforming use of the property. A variance to permit hardcover within the 500-1000' setback from the OHWI of Lake Minnetonka is needed. The amount of hardcover proposed would result in a reduction of hardcover from 61 percent to 57 percent. Weinberger noted 35 percent hardcover is allowed in this area. A variance to permit the sand/salt storage facility to exceed the maximum allowed size for an accessory structure is also required on this application. Weinberger stated a conditional use permit is also necessary to permit grading on the proeprty and construction of the stormwater management pond. Chock stated they have attempted to address the concerns of the Planning Commission, noting the height of the building has been reduced. Nowlan stated the proposed building would have an open face on the south side to allow for Pagc9 ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2555 Hennepin County, Continued) maneuvering of the trailers in and out of the building. In response to an inquiry by a concerned citizen, Chock stated the proposed building will be a masonry style building. Paul Larson, 3877 Shoreline Drive, expressed concerns regarding the proposed expansion of the non-conforming of this property. Larson inquired where the milfoil harvesters will be stored once the building is constructed. Nowlan stated the harvesters would be located in the northwest corner of the lot. Larson also raised concerns regarding noise and the amount of traffic that will be produced as a result of this operation, noting that this is primarily a residential area and is not the ideal spot for this facility. Larson requested the Planning Commission consider placing restrictions on the operation during the nighttime hours. Larson commented in his opinion the site should also be cleaned up of debris and fallen trees. Berg inquired whether the services would be expanded at all as a result of the new building. Chock stated they would like to store their materials inside the new facility and eliminate the after hours deliveries of salt. Nowlan pointed out there are a few other businesses along County Road 15, which help shield this facility from the neighborhood, as well as a number of trees. Stoddard stated in his view some consideration should be given by the Planning Commission to the public use of the facility. Stoddard indicated he is not in favor of expanding the non-conforming use nor is he in favor of granting a hardcover variance on this property. Stoddard thanked the Applicants for reducing the height of the building to 20 feet. Hawn stated she is in agreement with Stoddard, noting she has additional concerns regarding salt and sand runoff into the lake and wetlands in the area. Hawn noted the City has made a commitment to upgrade the residential area of Navarre and that she would have a difficult time approving this application. Lindquist stated he is not in favor of granting any variances on this property. Berg stated in her view this is not the proper location for this building. Lindquist moved, Hawn seconded, to recommend denial of Application #2555, Hennepin County, 3880 Shoreline Drive, for a Zoning Code Amendment, Variances, Vacation, and Commercial Site Plan due to the residential nature of the surrounding neighborhood and the proposed expansion of a non-conforming use on this property, and it is considered an expansion of a non-conforming use. VOTE: Ayes 5, Nays 0. (#5) #2564 WILLIAM SCOTT DAMPIER, 3550 IVY PLACE -VARIANCES, 8:00 p.m. -8:32 p.m. William Dampier, Applicant, was present. Gaffron stated this application appeared before the Planning Commission at their March meeting Page 10 3 To: Chair Hawn and Planning Commission Members From: Mike Gaffron, Senior Planning Coordinator W Date: Subject: April 12, 2000 . ~~ #2549, David Lovelace. 220 Big Island -·~~~~~,furJlo£:kA~~S6-• - Note: This item was tabled by Planning Commission on 11-15-99 to allow the Big Island property owners time to review the options and hopefully reach a neighborhood consensus on a dock location. The intent was to have this resolved by mid-April. There is no consensus forthcoming from the neighborhood. The City is obligated at this time to resolve this issue for the applicant. List of Exhibits A -Planning Commission minutes 11-15-99 B -Staff memo and selected attachments 11-9-99 C -Letter from James Ogland 11-12-99 D -Staff sketches: D-1: Platted access locations D-2: schematics of access points C & D E -Original plats of Morse Island Park and Morse Island Park Second Addition F -Section 10.31 Subd. 5 -RS District: Private Improvements in Public Right-of-Way G-Photos H -Draft Comprehensive Plan Language for Big Island Staff Position on Access for Inland Lots: The plat of Morse Island Park in 1887 created many lakeshore lots, a lesser number of inland lots, and an interior right-of-way system with a number of alleys, roads and public areas extending from it to the lakeshore. The inland lots undoubtedly were expected to gain access to/from the lake via the platted right-of-ways. The plat of Morse Island Park placed the two widest and most expansive pl)-blic rights-of-way at relatively low points in the topography where access by foot or horse-drawn vehicles was most feasible in summer and winter. All of these right-of-ways were "donate( d) and dedicate( d) to the public use forever" on the original 1887 plat. Since most of the lots abut the shoreline, use of the interior roadway system would presumably have been primarily by the owners of interior lots, and by owners of lakeshore lots with shoreline slopes that prohibit direct lake access. The members of the general public who did not own property on the island would presumably have only minimal occasion to use the right-of-ways; nevertheless, they were dedicated for public use rather than for private use. The largest of these public access points, ·'Bay Place", originally had approximately 200' of shoreline plus a lagoon. At some point prior to the 1970's, the northerly 150' of "Bay Place" was apparently vacated and the vacated portions attributed to Lots 21-22-23. We have yet to unearth records of this vacation, if they exist. #2549 220 Big Island -Dock Request Page 2 None of the road right-of-ways on Big Island have been improved by the City. These platted corridors exist today as undeveloped walking trails which on occasion are used for vehicular access. There is no pavement, no graded or improved road base, and some of these pathways wander outside the dedicated right-of-ways. Most right-of-way boundaries are not visibly marked except by the occasional survey pin or marker. The general public walking on the island would not generally know whether they were strictly on public or private property. However, utilities (electric, phone) are generally located within the right-of-ways on the Island. Inland properties need lake access. Lakeshore property owners with inaccessible shorelines may also need lake access. The primary summer accessability to the Island is by boat. Inland lot owners need a place to land a boat in the summer. It is not unreasonable to provide a location where inland lot owners can dock a boat for extended periods while they are on the Island. However, owners oflots abutting the lakeshore should not be burdened with providing this access to the inland owners. At the same time, it is not reasonable that inland lot owners should have the ability to hinder the public's use of the right-of ways or access points. The private uses and public uses of the intended access points must be located and achieved in a manner that will avoid use conflicts. Zoning Code Section 10.31 Subd. 5 recognizes the special access needs for Big Island inland lots and establishes regulations for where and how the Island right-of-ways may be used. These regulations apply only to the RS District, hence any concern about setting a precedent for the 'mainland' is alleviated. The table on the next page provides a brief analysis of the capabilities and problems associated with each of the dedicated roadways which might be used for inland owner access. LMCD Regulations Impact Use of Right-of-Ways for Docking On April 10 staff discussed the use of right-of-ways for docking with LMCD Executive Director Greg Nybeck and LMCD Attorney Charles LeFevere, yielding the following information: -Any 'existing site' qualifies for 2 watercraft regardless of shoreline length if platted prior to 1970. -Therefore, the 90' site ("C" on Exhibit D) could have 2 watercraft and the 50' site could have 2 watercraft. Technically, each of the other access lanes could also have 2 watercraft, but the width becomes an issue for meeting required dock setbacks. -A potential option is to do a credit transfer: add the widths of all City-owned accesses on Big Island and do a multiple dock situation at one site; this would allow a number of slips at the designated site equal to the total shoreline length divided by 50'. The upside is that this would allow for transfer of access rights from unusable accesses to those that are usable. The downside is that 5 or more watercraft at one site would require a multiple dock license. -Per LMCD code, For sites 50' wide or wider: side setback for a 50' long dock= 10'. For sites narrower than 50': side setback may be reduced to 5' if adjacent dock use areas are not impacted. #2549 220 Big Island -Dock Request Page 3 Right-of-way Key A (N. End Lawn Avenue) B (E. End Tooisit Avenue) C (Main Access) D (Bay Place Lagoon Access) E (Meadow Lane East Extension) F (Meta-Comet Ave South End) F-2 (Massasoit Avenue South End) G (Massasoit Avenue West End) H (Meadow Lane Alley) Width Comments 33' 33' 90'± 50'± 20' 33' (33) 33' 16' Fairly exposed, remote from most properties it could serve 4'+ steep bank up to more level ground; there were dock sections stored at this location, apparently has been used for a private dock previously; as remote from inland lots as Site A; not suitable for vehicles Flat, wide road right-of-way leading from shoreline to inland right-of-ways, by far the widest and historically most used vehicular access for the Island; has an informally established dirt 'road' leading to the interior right-of-ways; site is more than wide enough to accommodate a small number of conforming-setback seasonal docks for inland owners while not blocking vehicular access; downside is that an old ice ridge with mature trees is along most of the shoreline, with a wetland area behind it; use of access for docking during high water might require dock sections parallel to shoreline to avoid climbing over the ice ridge 3-4' lakeshore bank, not suitable for vehicular access but appears to have potential to accommodate a small number of conforming-setback docks; walking access to inland lots very feasible; this appears to be the most likely site for docks for inland owners on the south end of the island 10-15' bank at shore, not suitable for vehicular access and would require a substantial stairway system to be usable for pedestrian access Fairly level at shoreline, climbs steeply once Lakeview Avenue is reached; plat maps unclear as to whether right-of-way currently extends to shoreline; although original 1887 plat road does not extend to shoreline, 1922 replat shows shoreline closer to road than original, and current County plat maps suggest shoreline may extend into right-of-way; may have some potential as a vehicular access for properties at the south end of the island According to original old plats and current plat maps this right-of-way does not extend to the lakeshore. Steep but relatively pedestrian-friendly access point; not usable for vehicles, some potential for perhaps one inland-owner dock, historically has provided walking access primarily for the abutting property to the south Narrow right-of-way capable of vehicle access; gentle slope rising from shore has suffered severe erosion from recent over-use and abuse; functionally too narrow to have a dock that meets minimum LMCD/City setback requirements while still maintaining usability for vehicles; capability for vehicular use should be maintained for service or emergency use, however, the regular use of this site for vehicles needs to be curtailed and erosion control measures taken. #2549 220 Big Island -Dock Request Page 4 Discussion Staff spent an afternoon on the Island in late March to view the access locations. Photos were taken and an attempt was made to determine the boundaries of each of the two larger accesses ("C" and "D" on Exhibit D-1 ). Staff was unable to locate comer pins, hence the City has hired a surveyor to mark these access boundaries. We anticipate he will be out on the Island the week of April 10-14; no word as of this writing. However, the comments in the table above are based on our inspection. Only two of the eight platted access locations, C and H, are readily suited for motor \·ehicle access (across the ice in winter or from a barge in summer); the others have topographic limitations, and in the case of "F" there remains a question of whether the right-of-way reaches the shoreline. Accesses A and B are relatively remote from all but the northerly inland lot (Scheftel, parcel 3 on Exhibit D-1 ), and would not seem to provide a reasonable access point for the Lovelace site (parcel 2). Access C is wide enough to handle docks for each of inland parcels 1 and 2 without limiting vehicular usage when necessary. The only issue at access C is that due to the ice ridge between the shore and the wetland behind it, a dock section parallel to the shore may be necessary to provide walking access to the flat landing area (see Exhibit D-2). Access D (Bay Place) is similarly wide enough to handle two docks for the inland lots. The shore has a slight rise so a low stairway would likely be needed. There is no visibly defined walking corridor within this access, but rather it appears to be maintained as lawn for the cabin on inland parcel 3. Access Dis used by the owner of parcel 3 for a dock via City Resolution 2038. Access D could provide suitable dock access for additional inland lots 4 thru 8, although more than 2 docks or slips may require special LMCD approval. Access E would require development of a 10-15' high stairway, and therefore is not readily functional as a dock site. Access F has some potential for access, but is relatively remote in both distance and topography from the only inland lot it might serve. Access G has a steep but pedestrian-friendly path leading to the cabin on the adjacent property to the south, but is remote from most of the inland lots that might need dock access. Access H is the narrowest of all platted accesses in Morse Island Park and cannot functionally support a dock while still providing emergency or occasional vehicular access at the same time, and would also not meet LMCD dock setback regulations. Staff would not support provision of a dock at access H for this reason. Finally, for the same reasons the City ordinances for the 'mainland' prohibit accessory structures on lots without principal structures (i.e. security, site control, and maintenance) it is appropriate to have assigned dock access points located as near to the inland lot they serve as possible. #2549 220 Big Island -Dock Request Page 5 Staff Recommendation It has been staffs intent to not only reach a conclusion on the Lovelace request but to provide some direction for future access requests. Based on our review of the access sites, the topographic and other limitations of each site, and the locations of the inland lots which may request access in the '5 ,;: .. _futQre, staff reeommends as follows: • --~-· •·· ·• · ~j J<.,., ..__ <; i./4-fy-1, / a.,.,/_ I.() .') ( l. Inland parcel~ 1 ,~?.2._(Schef!el, ~~~-et.a~e~-S.h?.1:,1~--~~ _a!lC?~ed ~-ocJ<:,,a~~~J~at _~~~~~~.~ q_'. ........._____ 2 ~--· --Inland parcel 3 should continue to be allowed a dock access at Access D. 3. Inland parcels 4 thru 8 should be assigned future access at Access D if they request it, subject to LMCD regulations. 4. Inland parcel 9 could be served by a dock at either Access Dor Access E; Eis closer but presents more topographic difficulties. rs." Accesses A, B, F, G, and H do not readily lend themselves to providing dock access to inland L lots and spould therefore remain dock-free. 6. Access H has a recent severe erosion problem which needs to be addressed, and may result in gating or closure of that access by the City for all but emergency and incidental service vehicle uses. I have also included a draft version of the proposed Comprehensive Plan language discussing Big Island for your review -it may add to your understanding of Big Island issues. Options for Action 1. Recommend approval per staff recommendation. 2. Recommend denial, stating reasons. 3. Recommend something other than staff recommendation. 4. Table for further information. ,/ ,WB>tAC-Cc~ :, (l) c.~ C---//1,,f<.A/'J ,-. ~ \..t:~._i..,} 't IN~ ® ORONO PLANNING COMMISSION MO~"DA Y, NOVEMBER 15, 1999 - (#11) #2549 DAVID LOVELACE, 220 BIG ISLAND, DOCK PERMIT, 10:50 p.m. -11:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a dock pennit to access an inland lot without lake access. City Ordinance allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one season dock will be approved for access to any one property. In reviewing and approving this permit, the City Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and LMCD dock regulations. The City Council may establish reasonable standards or requirements in approving any such dock permit. Weinberger stated the City Council has preliminarily reviewed this application and recommended one area on the east side of Big Island that could potentially serve as access to the inland landlocked properties. This particular location has been established as an area for potential dock permits to be granted for inland property owners simply because no other access exists elsewhere. Currently there are two inland properties that currently have dock access to Lake Minnetonka; with the dock being located in the right-of-way and having been in use since 1986. Weinberger stated permits are only required for the docking and not for any other public access. For example, walking along the public right-of-ways is allowed without a permit. City Code states permits issued are valid for one year and 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 30 days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission. Weinberger noted this is the public hearing for this dock request, with all property owners having been notified of the hearing within 350 feet of the access. Weinberger stated the City has expanded the 350 foot requirement and have notified all inland property owners of the status of this application and the public hearing being held tonight. Weinberger stated there are approximately four or five separate record lots, which could consist of several Pl D's, that are actually inland on Big Island. Not all of the lots on Big Island are buildable lots. Only a few actually are developed with a dwelling on the property. The total number docks potentially, including the one that currently exist, would not exceed four or five individuals who could potentially request dock access. The property in this case is flat enough and could sustain the type of access being requested in this case. The dock access would be located in an area approximately 90 feet wide, which is probably the only area on the island which will be able to sustain future dock access and allow for access by the other inJ:rnd property owners. Weinberger stated the City Council has previously granted a lot area variance for this property to permit the Applicant to construct a seasonal dwelling on the property. The property consists of 4.3 acres in size and is landlocked. Weinberger noted there is a platted right-of-way that goes directly from the access and is recognized as a road. Some minor grading and maintenance of this road has occurred in the past. The City has not performed any of the maintenance in the past and does not have an interest in assuming that responsibility at the present time. Page 22 ORONO PLANNING COI\1.J.\ilISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) City Staff understands the need to provide access to the inland landlocked properties on Big Island, and recommend approval of the dock access, with the pennit being subject to renewal on an annual basis. Weinberger stated issues for consideration by the Planning Commission include the following: 1. Should the dock rights be for property owners without any other access? 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The pennit approved by the City Council pennitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the pennit to be immediately revoked. 4. The City Council has revieVfed this item with Mr. Lovelace and has provided direction for the Applicant and Staff. 5. The following are uses permitted on Big Island: Seasonal dwellings, with some accessory structures being pennitted on the land without a principal structure. Weinberger stated he would be available for questions by the Planning Commission. Lovelace stated he does not have any additional comments. John Uran, 160 Big Island, expressed concerns regarding the swampy nature of the land in the area proposed for the dock access. Uran stated he is not in favor of this dock access, particularly when the location of the road and swamp have not been properly identified. Lovelace indicated the dock access being proposed is a substantial distance from his property, but his main concern is obtaining access to his property and not necessarily the location of the dock. Chair Hawn commented that unfortunately due to the location of Big Island, it is difficult for the Planning Commission members to view the site. Lovelace stated the other landlocked property owners have the right to request dock access and the City Council is attempting to accommodate those possible future requests as well with this proposed dock location. Lindquist commented he would like to have a survey done of this area to determine the exact location of the road and the property lines. Uran stated City Staff needs to review the site during the spring and summer months to detennine the location of the wetland. Tom Egan stated thee~ presently are posted signs saying no vehicular traffic on the inland roads. Gaffron commented that the City is aware that there is vehicular traffic on those inland platted roads, but that the City is faced with the situation of having to provide access to the landlocked properties. Gaffron stated the City is assuming when these roads were platted approximately 120 years ago, they were intended to be used to gain access to the inland properties. Gaffron inquired whether another area is available for dock access should this proposed 90 foot area not be suitable. Gaffron suggested that the Big Island property owners arrive at a workable solution amongst Page 23 ORONO PLANNING COMMISSION MONDAY, NOVEl\-IBER 15, 1999 (#2549 David Lovelace, Continued} themselves or the City will be faced with deciding where the dock access will be located. Mrs. Uran suggested that perhaps Mayor Jabbour has a conflict of interest in this matter since he is a property owner on Big Island. Chair Hawn pointed out that Mayor Jabbour is not present tonight. Kluth stated if Mayor Jabbour feels there is a conflict of interest that exists in this matter, he can excuse himself. Chair Hawn stated the City would like the property owners on Big Island to come to a solution that the parties can live with. Hawn pointed out the members of the Planning Commission have a difficult time gaining access to this area and are unfamiliar with the layout of the land. Kluth stated he was in agreement with Hawn, and urged the local residents on Big Island to reach an amicable solution among themselves. It was the consensus of the Planning Commission that the property owners on Big Island reach an amicable solution among themselves regarding dock access for the inland landlocked property owners. Egan stated the landlocked property owners purchased the property on Big Island knowing it was landlocked at the time. Lovelace remarked he is entitled under City Ordinance to apply for dock access, and indicated he would be willing to sit down with the other residents of Big Island in an attempt to reach a workable solution. · Egan inquired whether the land needs to be developed prior to dock access being granted. Gaffron stated City Code allows property owners on Big Island to have dock access to their property even if it is undeveloped. Gaffron stated the City of Orono is required under Ordinance to provide dock access to the landlocked parcels. Gaffron indicated he would be willing to work with the property owners on Big Island in an effort to resolve this matter and is in support of providing one dock access for the inland property owners. Chair Hawn stated due to the suggestion by City Staff to have the property owners arrive at a workable solution among themselves, Hawn inquired whether the Applicant would be willing to have this application tabled and to waive the 60 days. Lovelace stated he would be willing to have his application tabled and to waive the 60 days. Lovelace requested that a deadline be set in which this matter should be resolved. Egan stated since their· boats are in storage for the winter and it would be difficult to access Big Island at this time, he suggested they be given until late spring to resolve this. Egan noted that some of the property owners are only available during the summertime. Lovelace pointed out that the residents will still need to follow the rules set by the governing body of the lake. Smith commented that City Staff could assist the property owners in that regard. Page 24 OROi'iO PLANNING COI\-L'1ISSION MOI-,l>AY, NOVEI\-IBER 15, 1999 (#2549 David Lovelace, Continued) Gaffron indicated he would be willing to work with the Big Island property owners on this matter and to obtain the necessary information from the LMCO. Stoddard moved, Smith seconded, to table Application #2549, David Lovelace, 220 Big Island, until April to allow the Big Island property owners time to resolve this matter. VOTE: Ayes 7, Nays o. (#10) #2547 KIMBERLI ANO WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 11 :29 p.m. -11 :30 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were not present. Stoddard moved, Kluth seconded, to table Application #2547, Kimberli and William Abbott, 470 Big Island, due to the absence of the Applicants. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#12) MIKE HILBELINK/JOHN VOGT, 3850 WATERTOWN ROAD, CLASS Ill SUBDIVISION Mike Hilbelink, Applicant, and John Vogt, Applicant, were present. Weinberger this is a sketch plan review with the Applicant proposing to subdivide a 21 acre parcel into a three lot rural residential development. The proposal would require, one, approval of a private driveway for a property to serve a three lot development where a road would typically be required for a three lot subdivision; two, variances to approve a subdivision resulting in a barn to be located within a required side yard adjacent to street setback; three, septic sites to be reviewed and approved by City Staff; and four, approval of a subdivision with an outlot dedicated to a riding ring in favor of proposed Lot 2. Weinberger stated the property lies within the RR-1A zoning district, which has a five acre minimum lot size. The major issue in this sub<livision relates to a platted driveway and the location of an oversized accessory structure. Lot 3 has the required frontage along Watertown Road, with Watertown Road having been defined as a collector street. Staff has concerns regarding direct access to Watertown Road. If a private road is constructed within Outlot A, the lot would become a comer lot and the lot width would be measured along the private road. lf the private road is constructed, the lot would not meet the minimum lot width required for this zoning district. The · Public Services Director has reviewed this lot layout and has recommended that Lot 3 not be granted direct access to Watertown Road. Weinberger stated some of these issues relating to road access can be resolved with City Staff. In addition, the barn, if developed with an access outlot or a private road, would require a variance to remain on the property. The barn would be located on Lot 2 and would be located entirely within the 100 feet side yard adjacent to street setback as proposed for an outlot. Barns are required to meet a minimum 75 foot setback to the lot line. Weinberger noted the barn encroaches into the 75 foot required setback. Weinberger stated the standard requirements would need to be complied with as they relate to Page 25 TO: Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Planner DATE: November 9, 1999 SUBJECT: Request for Dock Access 220 Big Island Exhibits Big Island Address/Ownership Map @. "'.·. 2 /,\\\ ,. . ,,,t. Enlarged East Area Map ' ~ o·D . ~>/ 1/v'(t, > -_L;J,~~~;).!,..C,J..!=:ea,a M~ap ef, J-f , 1 'Z ,~ , fl' ,tl Resolution No. 2038 fr C- City Counc1 inutes (August 25, 1986) Approving Resolution No. 2038 Summary of Request David Lovelace is owner of the property located at 220 Big Island. The property is an inland lot without lake access. Mr. Lovelace has applied to the City of Orono for a dock permit per Municipal Code Section 10.31, Subdivision 5 (C). The City Council has preliminarily reviewed this item. Please refer the to the enclosed City Council Minutes from October 25, 1999. On April 12, 1999 the City Council granted a lot area variance for the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date of this memo the City of Orono has not received a building permit. The property is 4.3 acres in size and is land locked. The access to the lot is via any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. Municipal Code Section 10.31, Subdivision 5 (C) allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted #2549 David Lovelace 220 Big Island /1115199 Pagel public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are 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. Any formal requests for permits on Big Island require the public hearing with the Planning Commission. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The following is a list of PIDs of all land locked tax parcels on Big Island: 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 23-117-23 22 0002* 23-117-23 23 0028 (Has been approved recently for a lot area variance) 23-117-23 23 0033* (Dock Permit issued in 1986) 23-117-23 23 0003 23-117-23 23 0004 23-117-23 32 0020 23-117-23 32 0046 23-117-23 32 0047 23-117-23 32 0048 23-117-23 32 0049 480 Big Island 23-117-23 32 0062 490 Big Island 23-117-23 32 0018 500Bigisland 23-117-23320019 580 Big Island 23-117-23 31 0031 * 590 Big Island 23-117-23 31 0020 (Has a dock through right-of-way) * Developed property Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the property. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion 1. Should the dock rights be for property owners without any other access? #2549 David Lovelace 220 Big Island Il//5199 Page2 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy revoked. 4. The City Council has reviewed this item with Mr. Lovelace and has provided direction for the applicant and staff. Please refer to the enclosed City Council Minutes from October 25, 1999. 5. The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A. Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, seasonal recreational use ofland without structures, or with accessory structures only, such as tent camping or day-use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a) Docks conforming to City and LMCD Code requirements b) One storage building not to exceed 120 square feet in area c) Firerings or barbeque pits d) Open deck or screen house not to exceed 3 00 #2549 David Lovelace 220 Big Island 11115/99 Page 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_0_3_8 ___ _ A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, THEREFORE, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island tc serve inland property to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10' 51-100 feet in length 15' 3. Dock sections not to exceed 6' in width 4. One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat anc presentable manner at all times and agrees to hold the City harmless for- ever from any and all claims ~esulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners tc use this site for the installation of a dock to their properties, thi~ permit is automatically revoked. This permit may be revoked by the City at~ any time for any reason in the future upon review and revocation by thE Orono Counci 1. The property owners agree to remove all structures within 30 day; of permit revocation or termination and if no removal, agree to ar assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review thii permit for any reason as deemed appropriate. ( Adopted of ~ugust, 1986. by the City Council of the City of Orono on the 25th da· ATTJ~T: Tim Adams, Acting Mayor ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 Jabbour amended his motion to include denial of the comprehensive plan amendment t ouide the land use designation from two acre density to one acre density. Pet on seconded the motion. Mayor J our inquired \vhether there \Vere any public comments regarding this application. There \Vere ublic comments. "'(#6) #2531 ROGER AN LIZABETH OLSEN, 815 PARTEN,VOOD ROAD - REI\"EW AL VARIANCES - Flint moved, Peterson seconded, to prove and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Va nces to Allow Remodeling and Expansion of the Existing Residence Located at 815 P enwood Road. VOTE: Ayes 5, Nays 0. "'(#7) #2538 ROB AND TORI JAFFRAY, 540 .L>.n. ........ -.ETT A VENUE -VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt a Resolution Granting Variances to Permit Construction of mers on the Second Story of an Existing Residence Located at 540 Barrett Avenue. "'(#8) #2541 PAUL PHILLIPS, 2140 SIXTH A VENUE NORTH, FIN PHILLIPS ,voODLAND TERRACE THIRD ADDITION -RESOLUT Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 436 , A Resolution Approving the Plat of Phillips Woodland Terrace Third Addition. VOTE: Ayes 5, Nays 0. ~@!f ~S-W G.W .... J JCS g ___ ,. • * (#9) REQUEST FOR DOCK ACCESS -DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present. \Veinberger stated the Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted a lot area variance for this property to permit the construction of a seasonal dwelling on the property. As of today's date, the City has not received a request for a building permit from the Applicant. The property is 4.3 acres in size and is landlocked. This property is one of several lots on Big Island that potentially \\'ill request dock rights. \Veinberger stated that according to Municipal Code, installing, maintaining, keeping or using a private dock on any platted public right-of-way, when such a dock has been specifically authorized as part of a permit issued by the Council, is allowed. Not more than one seasonal dock Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon \vritten notice from the City to the permittee at least 30 days prior to the anniversary date. ·weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property O\mers \Vi.thin 350 feet. \Veinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property ovmers without any other access. Some of the parcels on Big Island are held in common O\mership but are not combined for tax purposes into one tax parcel. Potentially the individual lots could be sold to several mmers that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this boat access with the adjoining property O\mers. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City-owned docks and that the City Council should recognize the present lav,s governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landovmer to request dock access. Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) Gaffron stated an issue to be revie,ved is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaffron stated a number of complaints have been receiyed regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at th.is location, with the Applicant being required to have the license renewed yearly. Lovelace acknowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled if there were multiple owners. Mayor Jabbour stated that a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, with a public hearing being held to enable the local citizens to comment on th.is issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not legally permitted to leave his boat at a public dock for an extended period of time. Kelley suggested that the length of the dock be limited. Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff ,-r..ill prepare a resolution outlining the items discussed for review and approval by the City Council. Mayor Jab · dicated that a number of meetings regarding consolidation of Long Lake and Orono have been . ,vith issues dealing with land use currently being discussed. Jabbour stated that a ~ember of the co _qµ_dati~n_c~~ttee p~inted o~t that ~e ~ity Council d~es not have the authonty to deny an apphca~~is in co. mphance ,v1th the City s Comprehensive Plan·and Ordinances. ·,.' Jabbour invited the general public to attend th:15""r,n Flint inquired what progress has been made on the Dako il to Trail project. Mayor Jabbour stated that the October 14th deadline has been ~-0 days. Jabbour stated it was his understanding the railroad v.ill cease to operate at that~~ Page 9 Mayor Gabriel Jabbour City of Orono 2750 Kelly Parkway Orono, MN 55356 James Ogland 525 Ferndale Road N Wayzata, Minnesota 55391 RE: Big Island dock permit request#2549 at 220 Big Island. rlO\/ 1 2 1999 ClTY Ur UnO,\JQ I think it sets a bad precedent to issue a dock permit for private use on pubic property. In almost all situations most prope~~~they want lake access, are required to pur- chase a lake property to do so. I dcfteel that it is the responsiblity of the City to give them access even if the property is land-locked. It makes little difference if it is on an island, land based owners are not given this right, they must purchase their own lake shore. I know that there are previous permits issued, and they should be granfa;h~ in, but now is the time to put a stop to non-lakeshore property owners to get free access to the lake. Adjacent neighbors should not be expected to have inland owners using a fire lane for their private use. These lake accesses were not intended for this use. If you allow this, then what is next? snowmobile route, winter car driving off the ice. I will not be able to attend the council meeting as will be out of the state. I own the lot at 200 Big Island Sincerely, James Ogland cc: Paul Weinberger ... ../? <:..:::.::.,1 + + £-xH. D -l @ -~ RA~-------j-·-········································ l /Of)\,1Ar:_\<'... B.E:H/J/tJb + BJ..c\!-fa VJ At..S\:-\ D'611R:A -l- @ , f€ l ) j -_· -~-- J t l ) , f ' . \ l I I I 1.._ .. J I l l -5'!, ~ ------- ' f t I l \ ---- ~ ~ ( ' ' \ \ \ ----------------~ \ \ \ \ ' I~€_ I 0 ----... '1\ -~ \ ·, . . . ~ ~-·.< ·· .. <.""'-<.--- \ \ I I - I -----"'-\:--· ... "'- \ ~ v_----~ ' -- \ ------~ '"· " I "-. \ "~ e'~~ ,. . _ .. --,. ' . '\', ' ~t:t/f :lf;/ -. :·. '. ':':'~. ::' :· ,r,~:,;.•. [(rr. J\:. ~···" .,.,..,t., ,,.,t 11. 7Jlrw<- ~-'-' -m_;,u [ ·f . -i/Jr-J --,( ,,.._,_.J.,.,._ /...1, ~-,?~- -<1:~,f7.:. -1, -tL/~J ~ f-t.t.<- OFFICE OF REGISTER OP' DEEDS, l ·, HDllll'Ill CoUJnT, llllcMZ.ICIT.t.. . r . "I1fffl7~ "tbf lb,,witb~~,i;•df~ .. : ...... . ~ •. ~ ......... -aw1ra lb,, a111c. '-record this _::::1C}:, ~-~t.".-'·'.·':''· ,,,, (j),, .Jt ... -~ '11 .• ..IIU<. .. f:-~~ 1187, at-", .o'clock.: .... , •-lfal7 fdloak .... ,~. ~• .... ,· _1r ~ -,, [) •••...•. • . . .'t.t.i.r.. l-<. t ,-. .... ·-7 ¥1. { ·; . ~"'~ By. __ }.Jyj_ __ ~~~-~~-. ex.H. 6-2. MOR5El§>LAND PAgK c§E.COND ADDITION HENNEPIN CouN,Y MINH. . ~·. . ,~· .. _,,·:·. · .. , ·,. . § 10.31 ~ Subd. 5. Permit For Private Impro\"ements Within Public Rights-of-Way. It is unlawful for any person to alter, improve or use for private purposes any platted public right-of-way, any platted public park, or any other property owned by the City without first obtaining a permit from the Council, as follows: A. Inland Property Access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to pri\·ately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the Council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The Council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners wh~ may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 C. Dockage on Right-of-Way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose including inland property access is prohibited except when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake i--.linnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. D. Encroachments Prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the City except as specifically authorized by a permit issued under this Subdivision. ORONO CC 312 (4-1-84) § 10.31 E. Permit Exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. F. Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. 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 ov .. ners 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 maintained. 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 buildability, use and/or subdivision of each existing record lot as defined and identified therein: ORONO CC 313 (4-1-84) - A -3 - ti ! f £:;,. / ...... -· r=----·-- A! rr-r·--' '·-· '----._ I ' ; '·, .i,J i t }IP' ---7 LAKE MINNETONKA ISLANDS Land on Big Island (including the east and west islands plus Mahpiyata Island) and Deering Island has been privately owned for many decades and has been used for a significant number of seasonal cottages plus a few year-round homes. The islands also contain a substantial amount of public and private park land and recreation areas. BIG ISLAND History Big Island was first called Meeker's Island for Judge Bradley B. Meeker who settled there in 1852. W.B. Morse purchased it in 1854 and for many years thereafter it was known as Morse Island. In 1887 and 1888, two subdivisions to create small parcels were platted, Morse Island Park on the most southerly poinL and Pleasant View on the west end. This resulted in the construction of a number of individual summer homes. During the early 1900's, the Twin City streetcar lines operated Big Island Amusement Park on the east end of the island. The onset of World War I resulted in its dismantling. This 60-acre property eventually became the Big Island Veterans Camp, ·which is still in operation. Hennepin Parks acquired a 60-acre parcel near the center of the island about 30 years ago, and since then acquired a few small adjacent parcels totaling an additional 10 acres as they became available and as funds permitted. By the early 1970's, approximately 50 mostly seasonal cabins existed on private parcels on Big Island. In May 1972 the Orono Village Council declared via Resolution No. 446 that "the long range highest and best use of Big Island is for park purposes", acknowledging that the provision of public services to the island is uneconomical and and unlikely to occur in the future. It was suggested that the Hennepin County Park Reserve District should administer such a park. The 1980 Orono Comprehensive Plan noted the same concerns, and again encouraged eventual ownership by Hennepin Parks. However, the City declared it would not condemn private property for park purposes, and therefore in 1983 created the "RS" Recreational Seasonal Zoning District, providing development standards for continued private recreational/ residential use of the island until such time that the slow transition to a public park is complete. The RS Zoning District provides specific standards and limitations for permitted, conditional and acessory uses on the island, with a strong encouragement toward recreational uses as opposed to full time residential uses which would require a greater level of services than the City can reasonably provide. CMP 3B-39 Physical Features Big Island encompasses approximately 250 acres in area, of which approximately 50 acres is wetland. A navigable channel actually separates Big Island into two distinct islands. The shoreland ranges from flat, low wetland areas near the lake level to steep and often eroded bluffs extending as much as 30-40' above lake level. The topography is hilly. The highest point on the island is 988', nearly 60' above lake level, located near the south end of Morse Island Park. Soils on Big Island are mapped as Hayden loam and clay loam, typical of soils located in central and northern Orono. Beach sand soils occur in a number of flat, low areas near the shoreline. Except for scattered clearings to accommodate individual cabins or recreation areas, the island remains heavily vegetated with hardwood species typical of the "Big Woods". Services Big Island is provided with only a minimal degree of municipal services. There is no municipal sewer or water on the island, hence the use of individual septic systems and wells is common. The island is proYided with telephone service and electric power via lines from the mainland. Police protection is minimally provided by the City of Orono and the Hennepin County Sheriff. Fire protection is provided by the Long Lake Fire Department although response time is understandably poor due to the lack of roads or bridges connecting the island to the mainland, and access to the island makes firefighting extremely difficult. Other services such as street repair, snow removal, inspections, and regular garbage removal are difficult, uneconomical and in some instances virtually impossible to provide to residential property located on the island. Access There are no improved roads on Big Island. A limited system of roadways and alleys was platted more than a century ago in the Morse Island Park and Pleasantview subdivisions, which primarily created narrow lakeshore lots but also resulted in a small number of inland lots not abutting the lakeshore and needing access to the lake. These platted corridors exist today as walking trails which on occasion are used for vehicular access. Since most lots do abut the shoreline, use of the interior roadway system has been primarily by the owners of interior lots, and by owners of lakeshore lots with shoreline slopes that prohibit direct lake access. Vehicular access is necessary for nearly all island properties on occasion, hence the interior roadways are an important transportation element for Big Island. Overuse of the road system by residents or the general public is of concern, since the roads are not improved. Erosion and trespass are two main issues, because the roadways are not marked and they often traverse steep slopes, especially where lanes extend to the lakeshore. CMP 3B-40 Big Island Issues By virtue of its unique geographic aspects, Big Island presents a number of issues that the City must address on an ongoing basis: 1. Use and maintenance of interior road system; access to inland properties; overuse by vehicles 2. Public use of interior road system, trespass on private property 3. Pressure to accommodate more year-round residential uses, with concurrent expectation of greater services 4. Uncontrolled recreational use of adjacent bays for partying 5. Provisions for safety and emergency services 6. Bluff and shoreline erosion Big Island Goals and Policies "$;,ve.., Goals: 1. /f / Continue to promote the eventuaJ;'6wnership and management of Big Island by Hennepin Parks as a 1{easonal recreational resource rather than as a year-round residential area. Hennepin Parks is the most appropriate agency for operation of such a park. The City understands that this conversion is a necessarily slow process. The City does not intend to encourage condemnation or active acquisition programs. The City does encourage Hennepin Parks to acquire any and all island property as it becomes available. 2. Continue to allow seasonal recreational land usesand limited residential uses in the interim. Such use must be subject to strict enforcement of all performance standards and the explicit understanding that the City will never be able to provide even basic public services. 3. Maintain the natural, seasonal recreational character of the island. 4. Provide at least a minimum level of emergency access to the island. 5. Avoid or minimize future problems on the island in relation to sanitation, safety, fire protection, erosion, etc. CMP 3B-41 Policies: 1. Existing RS District controls on development and land use will be strictly enforced, and reinforced where necessary, to avoid potential problems related to sanitation, public safety and security, fire protection, etc. 2. The City will encourage private landowners of island properties to protect their shorelines from erosion. Natural rock rip-rap and other natural methods will be encouraged. Development of retaining wall systems in the lakeshore area will be discouraged. 3. 4. The City will define specific approved access locations for individual inland Record Lots, and will establish policies and ordinances regulating vehicular use of the undeveloped roadways. Use of the undeveloped platted roadways for vehicular travel will be limited to the extent necessary to protect private property as well as to curtail and prevent soil erosion, tree damage, etc. Tree removal within platted rights-of-way shall be by permit only. No platted right-of-way shall be paved except that the City may improve or specifically permit improvement of designated access locations in order to maintain suitable access and limit environmental damage. The City may close to vehicular use certain platted roadways if it is determined that continued use will cause environmental harm. Island lakeshore will be maintained in a natural state. Tree removal near the lakeshore shall be as strictly regulated as it is in all lakeshore areas of the City. Deering Island Deering Island is a small (approximately 4-5 acres) privately owned island in West Arm Bay, constituting a single tax parcel and having a single owner. Many of the same issues, goals and policies pertaining to Big Island carry over to Deering Island. CMP 3B-42 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I , Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2549~ as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of April, 2000. 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 re-open the public hearing which was tabled on 11-15-99 regarding application #2549 David Lovelace's request for dock access for 220 Big Island, at the following time and place: Monday, April 17, 2000 Orono Council Chambers, 2780 Kelley Parkway Meeting begins at 6:30 p.m. This item is currently scheduled as Item 3 on the meeting agenda and is expected to be heard early in the evening. City staff is recommending that a dock for the applicant be allowed to extend from the 90' dedicated roadway located bet\Yeen Lots 38 and 39, Morse Island Park. All persons wishing to be heard will appear at this time. Written comments are solicited. City of Orono By: Planning Commission Michael P. Gaffron, Senior Planning Coordinator N t MTK,\ BEACH HUNTINGTON POINT 710-MICHAEL WEINER _____ _ 700-CHERYL RAMSTAD HVASS 690 • ROBERT BRUDER-----f-1 6;o;Gso • WILLIAM BRYSON---+....l'-.i..-~ 660-BETTY F. PRINCE------t•~_!-4 650 -JAMES A. R. JOHNSON 640. CLINTON KNUDSON ----if-•"l..:-- 6JO -JEFFREY PERSON----➔- ;., :.: ~~ ..J ..J;: co ..J 0.. < c:o = :.:~ ~ o L "' -z "'~t;~t:l ~2 5:lz "'~ .. "'Q ::: ~(,,) tl1 - ' '' ~:: 8 ''"""' ~ s "'"' I I 71,1·1- <!'-0, ~1- MAIIPIYATA ISLAND II '•rf' q~ <!>,,(' ~, I ~ .. 5 .., Q gi < ~ ; 8 ,.; .. "' ~ ~ +"'o ,1- z :; "' :;; ~ .., 1i; > u i!i 6 ~ :!l g ::l g "' ., IJ0 • MARGARET SCHEFT 740 • HENNEPIN COUNTY PARKS. DR. ARTHUR ALLEN l\1LDLIFE REFUGE 240/250 ·FREDA BRUNT JEN ---._ 500. EUGENE A NELSON --, , 490 • TED R. 1-IANllA ----, ' , ' \'-{;..,so, ,11\1\\0\'. - ~~o· "" "-"' 0 Q z "' t., t., "' Q <( ~ .., 100. BIG ISLAND VETERANS CAMP I ~ .. -THOMASTAYLOll • WM. LIWEMARK p • DUANE BEHNING r Of> i:> :-e _ • JOSEPH BACKES O POINT CIIARMING -GERALDE. wALsn ac. K •STEPHEN O'GARA L. OC..,:.,"t" - 2011 · /AMES OGLAND l 0),\ =--.,.--.. -.-,-21,. JACK ISAAMAN MRS. FRED HALES DAVID SAARI FRED W. HALES "'\, ::=™rODERT POSTHUMUS /-\ ,(_~390 " WILLIAM FINK 00. DANfEL 3/o. IV y KELLOGG A[G[RfN FARNF.s II P~oper+~ w,H,ou.+ 320 • Jou,v s. DF.,1.,v JJo •Jo11,v A F./DF.,v J10. Cf: OJ?cF. J: lt-iA:t o.v L o.\62. Aa~J!.S'i. ci z 01\\'( ..,0'1<'-11 -. 1.,.,,-/,? A;O .1w/ ~i.\\\:.~1 _/' ~oss -~ / .• ~:,.."" .. ~o"" / 7 ,< _ _,_ __ ,11P"-0 c0 · / . _ ___._ --.,.0 •c-'c;;.·~1.,,_ "v II,~ ~I'. -r,~ ~4 •l;,,o ~f 'I:, BIG ISLAND LANDOWNERS JULY I, 1997 KEY: • Significant Buildings 120 Assigned Address j ~ t., = ' 0 ~ A'l-0" O~-i~ . ,;,-0 A ~~o -~~~ ❖~ ,11·0 v'<"' ~~ ~ ~~.... -$· ~o~ .(- ~,:,11· ~o~,.; ">qll' I~ '<1--,,,~ ........ ~ 4_, ~-l!i, <I'~ '1-f>.r. lo~ q" C>,. (Listings in Bold arc properties,, cabins or other significant buildin Ill RUN DATE 02/08/99 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 23-117-23 32 0018 00490 BIG ISLAND T & P HANNA TED R HANNA 14115 KNOLLWAY DRS MINNETONKA MN 55305 38 23-117-23.32 0062 00480 BIG ISLAND J & C PANOZZO CELIA PANOZZO 40219 EYOTHA WAY ONAMIA MN 56359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 23-117-23 32 0019 00500 BIG ISLAND EUGENE A NELSON EUGENE A NELSON 9720 3RD ST NE BLAINE MN 55434 TOTAL BATCH 502 00022 PAGE 4 S5331 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. ~ . DATid-1--t/1.eY '77Li C/2:u,0:FJi -;"',:"" ... RUN DATE 02/08/99 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAY!;R NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR 38 2 -117-23 14 0001 00740 -BG ISLAND HENN ARK RESERVE DIST HENN C PARK RESERVE DIST RTE OX 296 MA E PAIN MN 55359 55331 38 23fl7-23 23 0015 00180 BI ISLAND GE & V SH GERALD & VALERIE WALSH 16950 A OR RD N EDEN PRAIRIE HN 55346 38 23-117-23 23 0030 00150 BIG ISLAND G L & W ~ LILJEMARK TRUSTEES WILLIAM & GAYLYNN LILJEMARK 18140 27TH AVE N WAYZATA MN 55447 38 23-117-23 23 0033 00230 BIG ISLAND E HALES & A SAAR MRS FRED HALES 3711 ARBOR LAS MINNETONKA MN 55305 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 14 0003 00740 BIG ISLAND HENN CTY PARK RES DIST HENN CO PARK RESERVE DIS PO BOX 296 MAPLE PLAIN MN 55359 55331 38 23-117-23 23 0016 00180 BIG ISLAND GE & V WALSH GERALD E & VALERIE WALSH 16950 MANOR RD N EDEN PRAIRIE MN 55346 38 23-117-23 23 0031 00140 BIG ISLAND THOMAS L TAYLOR & WIFE JOHN D & CHERYL SCOTT URAN 9 CENTER ST EXCELSIOR MN 55331. 38 23-117-23 23 0034 00210 BIG ISLAND J A & I ISAAMAN JACK A ISAAMAN 5308 W HIGHWOOD DR EDINA MN 55436 REPORT NO. PI435401 38 23-117-23 22 0002 00130 BIG ISLAND I MARGARET SCHEFTEL I MARGARET SCHEFTEL • BOX 176 EXCELSIOR MN 55331 38 23-117-23 23 0004 00240 BIG ISLAND FRED A BRUNTJEN FRED A BRUNTJEN BOX 584 EXCELSIOR MN 55331 38 23-117-23 23 0019 00160 BIG ISLAND JOHN DURAN DUANE BEHNING 9117 NORMAN RIDGE CIR BLOOMINGTON HN 55437 38 23--117-23 23 0029 00170 BIG ISLAND PAGE 3 JOSEPH M & MARIE J BACKES _ JOSEPH M & MARIE J BACKES LOT 31 BIG ISLAND BOX 183 EXCELSIOR HN 55331 38 23-117-23 23 0032 00200 BIG ISLAND JAMES W OGLAND JAMES W OGLAND 525 FERNDALE RD N WAYZATA MN 55391 38 23-117-23 23 0035 00190 BIG ISLAND STEPHEN R O'GARA STEPHEN R ll'GARA 2914 W 44Tll ST MPLS MN 55410 0 ,\ ~,., 's.,._. r t%\f:, ~~2,l ~~!,~ ,~1~~ Cl 'l;•. l ~~. ~ 21--117-z. > 2 3 002 7 :Pek~ T'-', s. s ~V\.. ~ s~ -z...'{ Th, s s s 3 C, LC'l ~ ~+..-.u"l- £ x c:...~ \ stoY1 MN 5£331 s~'"u.J M cC\c,uJ 1>-o. Boi 2\\.o ~\ q~ 1(1-"lJ lv\N b~371 DQui J S G.. ~l, IS-Cc, t> 7 D ~ u.) V\ \)r," -t. (\\.~1,U,~~~ J M tJ St;3'-15 ORONO PLANNING COMMISSION Monday, April 17, 2000--6:30 p.m. 2780 Kelley Parkway--Council Chambers AGENDA Council Representative: Robert Sansevere AUDIENCE l\IEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the l\lay 8, 2000, City Council meeting unless otherwise noted by the Chair. PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. OLD BUSINESS 1. 2. 3. 4. 5. #2486 #2513 #2549 #2555 #2569 NEW BUSINESS 6. 7. 8. 9. #2570 #2571 #2572 #2573 Elaine Erickson, 1270 Spruce Place, Variances. (Staff: Wendy Bottenberg). Connie Piepho, 540 North Arm Drive, Variances. (Staff: Paul Weinberger). David Lovelace, 220 Big Island -Request for Dock Access. (Staff: Mike Gaffron). Hennepin County, 3880 Shoreline Drive, Zoning Code Amendment, Conditional Use Permit and Variances. (Staff: Paul Weinberger). W. Duncan MacMillan and William Waldron, 1860 Fox Street, After-the-Fact Conditional Use Permit. (Staff: Paul Weinberger). George Stickney, 2590 Countryside Drive, Variances. (Staff: Paul Weinberger). Doug Ault and Jim Ginther, 2739 Shadywood Road, Conditional Use Permit and After-the- Fact Variance. (Staff: Paul Weinberger). Steve Morkrid, 2314 Shadywood Road, Variance. (Staff: Wendy Bottenberg). David and Marti Blodgett, 1380 Rest Point Road, Variance. (Staff: Wendy Bottenberg). 10. 11. #2574 #2575 SKETCH PLAN 12. #2576 Tom Micheletti, 519 Ferndale Road North, Variances. (Staff: Wendy Bottenberg). James and Jill Cornell, 2145 Watertown Road, Variance. (Staff: Wendy Bottenberg). Brenshell Homes, 1181 Wildhurst Trail, Sketch Plan Review. (Staff: Paul Weinberger). PLANNING COMMISSION COMMENTS 13. Report of Planning Commission representatives attending Council meetings on March 27, 2000 and April 10, 2000. 14. Other issues for discussion. 15. Planning Commission approval of minutes for March 20, 2000. 16. Selection of representatives for City Council meetings on April 24, 2000 and May 8, 2000. ADJOURNMENT CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, M1'i 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parbvay on Monday, April 17, 2000, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #2486 2. #2513 3. #2555 4. #2569 5. #2570 .. 6. #2571 7. #2572 8. #2573 Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average lakeshore setback, lot coverage and hardcover variances to permit construction of a new residence on the property. Connie Piepho, 540 North Arm Drive, requests variances to construct a swimming pool within the average lakeshore setback of adjacent residJnces. Hennepin County, 3880 Shoreline Drive, requests an amendment to the zoning code, conditional use permit and variances to permit construction of a 60'xl 10' salt storage and salt/sand mix facility, and to approve a new site plan. W. Duncan MacMillan and William Waldron, 1860 Fox Street, requests an after-the-fact conditional use permit to permit land alteration in excess of 500 cubic yards for pond construction and to permit grading within 5 feet of the property line. George Stickney, 2590 Countryside Drive, requests a variance to permit construction of a tennis court and a 10 foot fence 30 feet from the rear property line where 50 feet is required . Doug Ault and Jim Ginther, 2739 Shadywood Road, requests a conditional use permit to permit continued use of the property as a dock lot with two dock slips and an after-the-fact variance to allow an expansion of the existing parking area to accommodate two parking spaces constituting hardcover within 75 feet of the OH\VL (929.4') of Lake Minnetonka. Steve Mork.rid, 2314 Shadywood Road, requests a variance to permit remodeling of the second floor and raising the roofline 2.4 feet from the side property line where 10 feet is required and 7 feet from the front property line where 30 feet is required in the LR-IC zoning district David and Marti Blodgett, 1380 Rest Point Road, request a variance to permit a 6 foot fence in the front yard where 3 .5 feet is allowed. 9. #2574 10. #2575 Tom Micheletti, 519 Ferndale Road North, requests variances to permit a three stall garage 24 feet from the front property line where 50 feet is required and a variance to permit a 9 foot fence within the side yard where 6 feet is allowed. James and Jill Cornell, 2145 Watertown Road, request a variance to permit a second story addition within the rear yard setback. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. City of Orono By: Planning Commission Paul Weinberger, Zoning Administrator/Planner To be published the week of April I, 2000. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office ,.- -. r /-___ ~K.f11S"b S1n;? _ -{!)50'"'-tjo _:z_N, ~~~kr~A -· @ !fDD _r;r~:~-~-ts-!~-- -~~--+~-~ = ;:< _ --:5t--,(ps f3uY ~ __ _ ---+++--- -- _ ~-1:> ",, {3e::s,'5..CgJVNZ-foE " 'II -f-o' 51~ ~ ~~~ ~v~~ ------.T,lr-SD t 5/nf.-_-------- ------. ----------- ---........------------------------ ------------ -- ----. Date: To: Fax: Re: Sender: 3-J Ci"tJl of Orono 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (612) 249-4600 Fax: (612) 249-4616 FAX TRANSMISSION COVER SHEET '.:a 1 ·e:, ) c IA/·.J ~ -D o (!Jr::·::: 01\J c I rl re , o, v.J . vv\_ \ v:-t:!: c:~~ !C:~,/ff!~ f"v) YOU SHOULD RECEIVE _____ PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (612) 249-4600. , ' (2:€ ', RS SEASONAL RECREATIONAL DISTRICT Section 10.31 Subd. 1 Subd.2 Subd. 3 Purpose ........................................................................................ 305 Permitted Uses ............................................................................ 305 Conditional Uses ......................................................................... 306 S ubd. 4 . Acce.s.SO[Y.JJ~i~~L . ., ................................ , , ,.., ............•....... ,.,.,.,.,., .•. , •·•····•·•·•·'·'·'·' ., .•. ,. , .. ,.. . ..... , 3 l o .. ,--Suocr,······•"w~p~~itF or Private Improvements Within .. . . . .. .. ,d( 1 ...... ·.·· .. · Public Rights-of-Way ... : .......... :········ .. ···.......................... 312 ·.·· 1 ···su1:>J:,g·''""··· ··•r~1,Area]fequirerrieii1r·:·:·:·:·~:~:·.::·~:::: ... :.·.:::.:: ....... · .... ~;::::.:':'.~::: ....... :·::. · ·3rr·-·~·-·· Subd. 7 Lot Width Requirements............................................................. 323 Subd. 8 Yard and Setback Requirements.................................................. 323 Subd. 9 Lakeshore Hard Cover Regulations .... ........... .... ........... .. .... .. .. ..... 324 Subd. 10 Building Height ........................................................................... 324 Subd. 11 Building Construction Standards ................................................ 324 Subd. 12 On-Site Sewage Treatment Systems............................................ 326 Subd. 13 Garbage Removal and Sanitation ................................................ 329 Subd. 14 Open Burning Prohibited ........................................................... ,. 329 Subd. 15 Tree Removal Regulations.......................................................... 329 Subd. 16 Non-Conforming Uses................................................................. 329 Subd. 17 Non-Conforming Substandard Properties.................................... 329-1 Subd. 18 Non-Conforming Substandard Buildings or Structures ............... 329-1 Subd. 19 Future Amendments ..................................................................... 330 § 10.31 Subd. 5. Permit For Private Improvements Within Public Rights-of-Way. It is unlawful for any person to alter, improve or use for private purposes any platted public right-of-way, any platted public park, or any other property owned by the City without first obtaining a permit from the Council, as follows: A. Inland Property Access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the Council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The Council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 C. Dockage on Right-of-Way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose including inland property access is prohibited except when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. D. Encroachments Prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the City except as specifically authorized by a permit issued under this Subdivision. ORONO CC 312 (4-1-84) § 10.31 E. Permit Exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. F. Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. 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 maintained. 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 buildability, use and/or subdivision of each existing record lot as defined and identified therein: ORONO CC 313 (4-1-84) _ Cf-i~lA. ~ 11-~ ~~ t-,a(!N('?o~s ([) A-b~ w T.1L ~ P trS7'1C/,./'t-N u .s~ _____ (§) ~ €Q~ W lt>_flL_FV!c.._$(.;!i2)Jl~-Vl5H'1<U-L..$ LA$~ (j) ~f'06-e.M'/JY 1.(A rA-B..Le Fo(<_ Pl:-~~~~ oR-1/err/C-L.1:> u s~ _(l) tr!:>~~ WJb~ ']) ~J=::_ ____ if) A-bl:-~! TJ±. f=ot<... ~DC-{<--_:! p~ ~ V~ I.A!~ © ~$.ft!}N ~'Tf~'-------------------- (1) (,A.)e~A (LIJJt.J ,e: t-1 c-,· ------------ @ <:..o-NFuc..:r-W7TH J!,u/L-J)/tJC:,.s, MT. w~.1 ~-/A.I o,,e___A.J~IM!,,, R.0.1.w, @ us~ Jtt srv~ C41,..,L':f --------~ --- ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#11) #2549 DAVID LOVELACE, 220 BIG ISLAND, DOCK PERMIT, 10:50 p.m. -11:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a dock permit to access an inland lot without lake access. City Ordinance allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one season dock will be approved for access to any one property. In reviewing and approving this permit, the City Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and LMCD dock regulations. The City Council may establish reasonable standards or requirements in approving any such dock permit. Weinberger stated the City Council has preliminarily reviewed this application and recommended one area on the east side of Big Island that could potentially serve as access to the inland landlocked properties. This particular location has been established as an area for potential dock permits to be granted for inland property owners simply because no other access exists elsewhere. Currently there are two inland properties that currently have dock access to Lake Minnetonka; with the dock being located in the right-of-way and having been in use since 1986. Weinberger stated permits are only required for the docking and not for any other public access. For example, walking along the public right-of-ways is allowed without a permit. City Code states permits issued are valid for one year and 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 30 days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission. Weinberger noted this is the public hearing for this dock request, with all property owners having been notified of the hearing within 350 feet of the access. Weinberger stated the City has expanded the 350 foot requirement and have notified all inland property owners of the status of this application and the public hearing being held tonight. Weinberger stated there are approximately four or five separate record lots, which could consist of several Pl D's, that are actually inland on Big Island. Not all of the lots on Big Island are buildable lots. Only a few actually are developed with a dwelling on the property. The total number docks potentially, including the one that currently exist, would not exceed four or five individuals who could potentially request dock access. The property in this case is flat enough and could sustain the type of access being requested in this case. The dock access would be located in an area approximately 90 feet wide, which is probably the only area on the island which will be able to sustain future dock access and allow for access by the other inJand property owners. Weinberger stated the City Council has previously granted a lot area variance for this property to permit the Applicant to construct a seasonal dwelling on the property. The property consists of 4.3 acres in size and is landlocked. Weinberger noted there is a platted right-of-way that goes directly from the access and is recognized as a road. Some minor grading and maintenance of this road has occurred in the past. The City has not performed any of the maintenance in the past and does not have an interest in assuming that responsibility at the present time. Page 22 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) City Staff understands the need to provide access to the inland landlocked properties on Big Island, and recommend approval of the dock access, with the permit being subject to renewal on an annual basis. Weinberger stated issues for consideration by the Planning Commission include the following: 1. Should the dock rights be for property owners without any other access? 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediately revoked. 4. The City Council has reviewed this item with Mr. Lovelace and has provided direction for the Applicant and Staff. 5. The following are uses permitted on Big Island: Seasonal dwellings, with some accessory structures being permitted on the land without a principal structure. Weinberger stated he would be available for questions by the Planning Commission. Lovelace stated he does not have any additional comments. John Uran, 160 Big Island, expressed concerns regarding the swampy nature of the land in the area proposed for the dock access. Uran stated he is not in favor of this dock access, particularly when the location of the road and swamp have not been properly identified. Lovelace indicated the dock access being proposed is a substantial distance from his property, but his main concern is obtaining access to his property and not necessarily the location of the dock. Chair Hawn commented that unfortunately due to the location of Big Island, it is difficult for the Planning Commission members to view the site. Lovelace stated the other landlocked property owners have the right to request dock access and the City Council is attempting to accommodate those possible future requests as well with this proposed dock location. Lindquist commented he would like to have a survey done of this area to determine the exact location of the road and the property lines. Uran stated City Staff needs to review the site during the spring and summer months to determine the location of the wetland. Tom Egan stated the[~ presently are posted signs saying no vehicular traffic on the inland roads. Gaffron commented that the City is aware that there is vehicular traffic on those inland platted roads, but that the City is faced with the situation of having to provide access to the landlocked properties. Gaffron stated the City is assuming when these roads were platted approximately 120 years ago, they were intended to be used to gain access to the inland properties. Gaffron inquired whether another area is available for dock access should this proposed 90 foot area not be suitable. Gaffron suggested that the Big Island property owners arrive at a workable solution amongst Page 23 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) themselves or the City will be faced with deciding where the dock access will be located. Mrs. Uran suggested that perhaps Mayor Jabbour has a conflict of interest in this matter since he is a property owner on Big Island. Chair Hawn pointed out that Mayor Jabbour is not present tonight. Kluth stated if Mayor Jabbour feels there is a conflict of interest that exists in this matter, he can excuse himself. Chair Hawn stated the City would like the property owners on Big Island to come to a solution that the parties can live with. Hawn pointed out the members of the Planning Commission have a difficult time gaining access to this area and are unfamiliar with the layout of the land. Kluth stated he was in agreement with Hawn, and urged the local residents on Big Island to reach an amicable solution among themselves. It was the consensus of the Planning Commission that the property owners on Big Island reach an amicable solution among themselves regarding dock access for the inland landlocked property owners. Egan stated the landlocked property owners purchased the property on Big Island knowing it was landlocked at the time. Lovelace remarked he is entitled under City Ordinance to apply for dock access, and indicated he would be willing to sit down with the other residents of Big Island in an attempt to reach a workable solution. Egan inquired whether the land needs to be developed prior to dock access being granted. Gaffron stated City Code allows property owners on Big Island to have dock access to their property even if it is undeveloped. Gaffron stated the City of Orono is required under Ordinance to provide dock access to the landlocked parcels. Gaffron indicated he would be willing to work with the property owners on Big Island in an effort to resolve this matter and is in support of providing one dock access for the inland property owners. Chair Hawn stated due to the suggestion by City Staff to have the property owners arrive at a workable solution among themselves, Hawn inquired whether the Applicant would be willing to have this application tabled and to waive the 60 days. Lovelace stated he would be willing to have his application tabled and to waive the 60 days. Lovelace requested that a deadline be set in which this matter should be resolved. Egan stated since their· boats are in storage for the winter and it would be difficult to access Big Island at this time, he suggested they be given until late spring to resolve this. Egan noted that some of the property owners are only available during the summertime. Lovelace pointed out that the residents will still need to follow the rules set by the governing body of the lake. Smith commented that City Staff could assist the property owners in that regard. Page 24 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) Gaffron indicated he would be willing to work with the Big Island property owners on this matter and to obtain the necessary information from the LMCD. Stoddard moved, Smith seconded, to table Application #2549, David Lovelace, 220 Big Island, until April to allow the Big Island property owners time to resolve this matter. VOTE: Ayes 7, Nays o. (#10) #2547 KIMBERLI AND WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 11 :29 p.m. -11 :30 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were not present. Stoddard moved, Kluth seconded, to table Application #2547, Kimberli and William Abbott, 470 Big Island, due to the absence of the Applicants. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#12) MIKE HILBELINK/JOHN VOGT, 3850 WATERTOWN ROAD, CLASS Ill SUBDIVISION Mike Hilbelink, Applicant, and John Vogt, Applicant, were present. Weinberger this is a sketch plan review with the Applicant proposing to subdivide a 21 acre parcel into a three lot rural residential development. The proposal would require, one, approval of a private driveway for a property to serve a three lot development where a road would typically be required for a three lot subdivision; two, variances to approve a subdivision resulting in a barn to be located within a required side yard adjacent to street setback; three, septic sites to be reviewed and approved by City Staff; and four, approval of a subdivision with an outlot dedicated to a riding ring in favor of proposed Lot 2. Weinberger stated the property lies within the RR-1A zoning district, which has a five acre minimum lot size. The major issue in this subdivision relates to a platted driveway and the location of an oversized accessory structure. Lot 3 has the required frontage along Watertown Road, with Watertown Road having been defined as a collector street. Staff has concerns regarding direct access to Watertown Road. If a private road is constructed within Outlot A, the lot would become a comer lot and the lot width would be measured along the private road. If the private road is constructed, the lot would not meet the minimum lot width required for this zoning district. The Public Services Director has reviewed this lot layout and has recommended that Lot 3 not be granted direct access to Watertown Road. ·~·.-. Weinberger stated some of these issues relating to road access can be resolved with City Staff. In addition, the barn, if developed with an access outlot or a private road, would require a variance to remain on the property. The barn would be located on Lot 2 and would be located entirely within the 100 feet side yard adjacent to street setback as proposed for an outlot. Barns are required to meet a minimum 75 foot setback to the lot line. Weinberger noted the barn encroaches into the 75 foot required setback. Weinberger stated the standard requirements would need to be complied with as they relate to Page 25 Mayor Gabriel Jabbour City of Orono 2750 Kelly Parkway Orono, MN 55356 James Ogland 525 Ferndale Road N Wayzata, Minnesota 55391 RE: Big Island dock permit request#2549 at 220 Big Island. NOV 1 2 1999 CITY Ur Or/ONO I think it sets a bad precedent to issue a dock permit for private use on pubic property. In almost all situations most propertt"J:.~they want lake access, are required to pur- chase a lake property to do so. I dcfteel that it is the responsiblity of the City to give them access even if the property is land-locked. It makes little difference if it is on an island, land based owners are not given this right, they must purchase their own lake shore. I know that there are previous permits issued, and they should be graJ:;h~ in, but now is the time to put a stop to non-lakeshore property owners to get free access to the lake. Adjacent neighbors should not be expected to have inland owners using a fire lane for their private use. These lake accesses were not intended for this use. If you allow this, then what is next? snowmobile route, winter car driving off the ice. I will not be able to attend the council meeting as will be out of the state. I own the lot at 200 Big Island Sincerely, James Ogland cc: Paul Weinberger TO: FROM: DATE: Chair Hawn and Orono Planning Commission Ron Moorse , City Administrator Paul Weinberger, Zoning Administrator/Planner November 9 , 1999 SUBJECT: Request for Dock Access 220 Big Island Exhibits A Big Island Address/Ownership Map B Enlarged East Area Map C Enlarged West Area Map D Resolution No. 2038 E City Council Minutes (August 25 , 1986) Approving Resolution No. 2038 Summary of Request I/ t) o,i.~ r# ~ (.,_ ~•:J•Or P, David Lovelace is owner of the property located at 220 Big Island. The property is an inland lot without lake access. Mr. Lovelace has applied to the City of Orono for a dock permit per Municipal Code Section 10 .31 , Subdivision 5 (C). The City Council has preliminarily reviewed this item. Please refer the to the enclosed City Council Minutes from October 25 , 1999. On April 12, 1999 the City Council granted a lot area variance for the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property . As of the date of this memo the City of Orono has not received a building permit. The property is 4 .3 acres in size and is land locked. The access to the lot is via any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. Municipal Code Section 10 .31 , Subdivision 5 (C) allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations . The Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted #2 549 David Lovelace 220 Big Is land JJ /15/99 Page I public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are 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. Any formal requests for permits on Big Island require the public hearing with the Planning Commission. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The following is a list of PIDs of all land locked tax parcels on Big Island: 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 23-117-23 22 0002* 23-117-23 23 0028 (Has been approved recently for a lot area variance) 23-117-23 23 0033* (Dock Permit issued in 1986) 23-117-23 23 0003 23-117-23 23 0004 23-117-23 32 0020 23-117-23 32 0046 23-117-23 32 0047 23-117-23 32 0048 23-117-23 32 0049 480 Big Island 23-117-23 32 0062 490 Big Island 23-117-23 32 0018 500 Big Island 23-117-23 32 0019 580 Big Island 23-117-23 31 0031 * 590 Big Island 23-117-23 31 0020 (Has a dock through right-of-way) * Developed property Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the property. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion 1. Should the dock rights be for property owners without any other access? #2549 David Lovelace 220 Big Island 11115/99 Page2 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy revoked. 4. The City Council has reviewed this item with Mr. Lovelace and has provided direction for the applicant and staff. Please refer to the enclosed City Council Minutes from October 25, 1999. 5. The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A. Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, seasonal recreational use ofland without structures, or with accessory structures only, such as tent camping or day-use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a) Docks conforming to City and LMCD Code requirements b) One storage building not to exceed 120 square feet in area c) Firerings or barbeque pits d) Open deck or screen house not to exceed 300 #2549 David Lovelace 220 Big Island I Ill 5/99 Page 3 ·:· · •. : · ... -·----- 8 ( 3) dS-(57)_ V, w ex: -----~--. -----::..==========~-:-:--~~ :=~· __ ..,.;;. r---_ 3IG :~_11;0 CITY :; CRCM N t MTKABEACH HUNTINGTON POINT 710 -MICHAEL WEINER~----- 700-CHERYL RAMSTAD HVASS---• 690 -ROBERT BRUDER-----+ 670/680 -WILLIAM BRYSON-----jf"==l:::11-lfi;of 660 -BETTY F. PRINCE----~ 650 -JAMES A . R. JOHNSON -----1- 640 -CLINTON KNUDSON----t-•=■__.:..--~ 630 -JEFFREY PERSON~------- ECHOB i:i;l ~ I z . ,.;i :3 ~ ,.;i ~ < 53 ~ Cl p::: = < i:i;l E--i:i;l E--i:i;l I:!) VJ z p::: :zo ~ i:i;li:al ~I:!) ' I I ooo N ,....0 \0 \0 \0 6 = C/l = ~ 0 ~ p::: ; z 0 Cl ,.;i 6 i:i;l VJ 0 I I 0 0 r--\0 VJ V) 0:: ..., VJ ;;:i :; ~ = ' 0 VJ VJ MAHPIYATA ISLAND <i: ~ a:l ~ I 0 """ V) Ill 130 -MARGARET SCHEFT 740 -HENNEPIN COUNTY PARKS DR. ARTHUR ALLEN WILDLIFE REFUGE 240/250 -FRED A BRUNT JEN -- 500 -EUGENE A. :NELSON _ -'-- 490 -TED R. HANNA ---~ ', ''- ' ' I 0 N VJ ' ' --~===-"'===---'~', ' 470 _ SAMUEL MCCLOUD·--- A 100 -BIG ISLA.ND VETERANS CAMP • --.1 0 -HENNEPIN COUNTY PARKS ----1 0 -JOHN D . URAN -WM. LILJEMARK (1 -DUANE BEHNING j O t1 -JOSEPH BAC~S O ,.,. -GERALD E. WALSH -C. -STEPHEN O'GARA L c.. -JAMES OGLAND JACK ISAAMAN ;;:;;;:'!:~_...,_1&rcu,:!::-U~230 MRS. FRED HALES ~-__;;_::_ __ 260 DAVID SAARI ·----270 FRED W . HALES ROBERT POSTHUMUS ----1-290 -·WILLIAM FINK JOO-DANIE 310 _ lt. y L KELLOGG "1EGE.R!Jv F,4~Es •• BEACH Proper+•e.s wi+l-.ou.+ Lo.kA. Aa,c_eSS BIG ISLAND LANDOWNERS JULY 1, 1997 KEY: • Significant Buildings 120 Assigned Address (Listings in Bold are properties with cabins or other significant buildings) RECREATION POINT · CHAELWEINER ______ _ :ERYL RAMSTAD HV ASS--- BERTBRUDER----- WILLIAM BRYSON-----.__.- f TY F. PRINCE------s:::~-,.~~~ vIES A. R. JOHNSON---- lNTON KNUDSON----- ~FREY PERSON----- / ECHO BAY ~ ~ '"'1-l ~ z ~B~ =~< =~Q ~=< ~ ~ '"'1-l ~ ~c., Cl.l z ~ : zo ·~ ~ ~ ~ c., I I I 0 00 ~ ...... 0 = = 0 ~ z 0 Q ~ ~ Cl.l I --· t- z 0 Cl) ~ ~ ~ s ~ z 0 a I 0 \0 I I \ ' ·' ' I ' ' ~ .i-:, Cl.l """""' City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2038 A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, THEREFORE, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island to serve inland property to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10' 51-100 feet in length 15' 3. Dock sections not to exceed 6' in width 4. One boat per dock for residential use only {LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless for- ever from any and all claims resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at any time for any reason in the future upon review and revocation by the Orono Counci 1. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no removal, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. ( Adopted of {\ugust, 1986. by the City Council of the City of Orono on the 25th day ATTJ~T: Tim Adams, Acting Mayor TES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 MAYOR'S REPORT: CABLE TV REPORT: Larry Cook was present and submitted the letter of approval from the Butterfield's. Acting Mayor Adams stated that he was comfortable with the Planning Commission recommendation subject to plicant being put on notice that he is only allowed a imum of three horses on the property. Coun ilmember Frahm asked applicant if he proposed a ridin ring. He also noted that a conditional use permit required for any training done. Mr. Cook ated that he planned to have a riding ring which woul be located approximately 50' from the property lin Councilmember ahm questioned whether the original proposal of 10' om the semi-commercial use property would be more app opriate in order to maintain more distance from the st 'ctly residential area. Mr. Cook noted that the e is also a natural screening of mature trees between hi property and the Butterfield property. It was moved by Councilmembe Grabek, seconded by Acting Mayor Adams, to adopt Reso tion #2037 approving a variance to construct a barn from the property line (per Planning Commission's reco ndation) subject to a 3 horse limit. Motion, Ayes 4, Na 0. There was no report from the Mayor. Acting Mayor Adams stated the at the 1st Cable TV meeting the budget was approved noting the in which Cable TV budgets their monies. He that approximately 1/3 of the households in being hooked up to Cable TV. CITY ADMINISTRATOR'S REPORT: *DOCK PERMIT ON PLATTED RIGHT-OF-WAY - BIG ISLAND RESOLUTION f2038 City Administrator Bernhardson explained the request for a dock permit on a parcel of land (an interior lot) that has had a dock on the City right-of-way for the past many years which is currently undergoing a change of ownership. Since the City does require a permit to allow them to have a dock on City right-of-way, staff 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 IDOCK PERMIT CONTINUED recommends that this be permitted subject to the owner being liable to any use related, that the dock be maintained appropriately, and effective until such time as there are other requests from other inland properties requesting a dock at the same location. It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to adopt Resolution #2038 approving a dock permit on a platted unimproved right- of-way known as Bay Place on Big Is land to serve Lots 19 and 20, P.I.D No. 23-117-23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock at this location. Motion, Ayes 4, Nays 0. BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that the B'g Island Board of Governors made a letter request in e ly August to be put on the agenda, in which staff res nded by letter requesting that they contact staff ead of time to no avail. Present for this matter were: Donald A. M · ler, Stuart H. Gorney, Alan Wiedorf, Joe Backus, and nee Bartlett. Don Miller explained that the Chair of the Board of Trustees, Leonard Carlton, .has een out of town therefore was unable to respo to staff's letter. As former Chairman of the Board nd friend, Mr. Miller was asked to speak on beha 1 f o Chairman Car 1 ton and the Board of Governors. Mr. Miller reviewed the rocess that was undertaken in order for the vets to retain possession of the Vets camp. He explained t areas of concern while trying to rebuild the camp ting that most of these problems existed for man years prior to possession of the property, les than a year ago, by the Board of Governors. 1) City as issued 3 citations for the storage of fish uses on the island, noting that the fish ~ hous shave been stored on the island previous years an this is the first year the Board of Governors shad any control. He stated that the issue is now tied up in the court system between the city and the owner of fish houses and the Board of Governors is caught in the middle of the issue. 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 Jabbour amended his motion to include denial of the comprehensive plan amendment t uide the land use designation from two acre density to one acre density. Pet on seconded the motion. Mayor Ja our inquired whether there were any public comments regarding this application. There were ublic comments. *(#6) #2531 ROGER AN RENEWAL VARIANCES - LIZABETH OLSEN, 815 PARTENWOOD ROAD - SOLUTION NO. 4367 Flint moved, Peterson seconded, to prove and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Vari nces to Allow Remodeling and Expansion of the Existing Residence Located at 815 Pa enwood Road. VOTE: Ayes 5, Nays 0. *(#7) #2538 ROB AND TORI JAFFRAY, 540 B'.I\RRETT A VENUE -VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt SOLUTION NO. 4368 a Resolution Granting Variances to Permit Construction of rmers on the Second Story of an Existing Residence Located at 540 Barrett A venue. *(#8) #2541 PAUL PHILLIPS, 2140 SIXTH A VENUE NORTH, FINA PLAT OF PIIlLLIPS WOODLAND TERRACE THIRD ADDITION -RESOLUT NO. 4369 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4369, A Resolution Approving the Plat of Phillips Woodland Terr ace Third Addition. VOTE: Ayes 5, Nays 0. (#9) REQUEST FOR DOCK ACCESS -DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted a lot area variance for this property to permit the construction of a seasonal dwelling on the property. As of today's date, the City has not received a request for a building permit from the Applicant . The property is 4.3 acres in size and is landlocked . This property is one of several lots on Big Island that potentially will request dock rights . \Veinberger stated that according to Municipal Code, installing, maintaining, keeping or using a private dock on any platted public right-of-way, ,vhen such a dock has been specifically authorized as part of a permit issued by the Council, is allowed . Not more than one seasonal dock Page 7 E ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property owners within 350 feet. Weinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property owners without any other access. Some of the parcels on Big Island are held in common ownership but are not combined for tax purposes into one tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval \Vas any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this boat access with the adjoining property owners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City-o,vned docks and that the City Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landowner to request dock access. Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 Jabbour amended his motion to include denial of the comprehensive plan amendment to guide the land use designation from two acre density to one acre density. Peterson seconded the motion. Mayor Jabbour inquired whether there were any public comments regarding this application. There were no public comments . VOTE ON MOTION: Ayes 5, Nays O. *(#6) #2531 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - RENEWAL VARIANCES-RESOLUTION NO. 4367 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Variances to Allow Remodeling and Expansion of the Existing Residence Located at 815 Partenwood Road. VOTE: Ayes 5, Nays 0. *(#7) #2538 ROB AND TORI JAFFRAY; 540 BARRETT A VENUE -VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4368 a Resolution Granting Variances to Permit Construction of Dormers on the Second Story of an Existing Residence Located at 540 Barrett Avenue. VOTE: Ayes 5, Nays 0. *(#8) #2541 PAUL PHILLIPS, 2140 SIXTH A VENUE NORTH, FINAL PLAT OF PHILLIPS WOODLAND TERRACE THIRD ADDITION -RESOLUTION NO. 4369 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4369, A Resolution Approving the Plat of Phillips Woodland Terrace Third Addition. VOTE: Ayes 5, Nays 0. (#9) REQUEST FOR DOCK ACCESS -DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted a lot area variance for this property to permit . the construction of a seasonal dwelling on the property. As of today's ·date, the City has not received a request for a building permit from the Applicant. The property is 4 .3 acres in size and is landlocked . This property is one of several lots on Big Island that potentially "vill request dock rights. Weinberger stated that according to Municipal Code, installing , maintaining , keeping or using a private dock on any platted public right-of-way, when such a dock has been specifically authorized as part of a permit issued by the Council , is allowed . Not more than one seasonal dock Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property owners within 3 5 0 feet. Weinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property O\vners without any other access. Some of the parcels on Big Island are held in common ownership but are not combined for tax purposes into one tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this boat access with the adjoining property O\vners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City-0\vned docks and that the City Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landO\mer to request dock access. Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (#9 Request for Dock Access, Continued) Gaffron stated an issue to be reviewed is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaffron stated a number of complaints have been received regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at this location, with the Applicant being required to have the license renewed yearly. Lovelace acknowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled ifthere were multiple owners. Mayor Jabbour stated that a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, with a public hearing being held to enable the local citizens to comment on this issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not legally permitted to leave his boat at a public dock for an extended period of time. Kelley suggested that the length of the dock be limited. Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff will prepare a resolution outlining the items discussed for review and approval by the City Council. MAYOR/COUNCIL REPORT Mayor Jabbour indicated that a number of meetings regarding consolidation of Long Lake and Orono have been held, with issues dealing with land use currently being discussed. Jabbour stated that a member of the consolidation committee pointed out that the City Council does not have the authority to deny an application if it is in compliance with the City's Comprehensive Plan and Ordinances. Jabbour invited the general public to attend the consolidation meetings. Flint inquired what progress has been made on the Dakota Rail to Trail project. Mayor Jabbour stated that the October 14th deadline has been ex-tended 30 days. Jabbour stated it was his understanding the railroad will cease to operate at that time. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (Mayor/Council Report, Continued) Mayor Jabbour commented that the City Council had authorized the Mayor and City Administrator to enter into negotiations with Paul and Kathleen Larson to purchase approximately a 2.5 acre parcel at 3790 Shoreline Drive to be dedicated as park land. Authorization is needed to permit the Mayor and City Administrator to sign the purchase agreement. Barrett stated that there should be a resolution of the City Council authorizing the City Administrator to enter into the puchase agreement. Kelley moved, Sansevere seconded, to approve the purchase of property at 3790 Shoreline Drive at a cost of $160,000, with funding from the Building Outlay Fund, and to amend the 1999 Building Outlay Fund budget to reflect the expenditure. Flint questioned why the monies were not being allocated out of the Park Dedication Fees. Moorse commented that the Park Dedication Fund does not contain sufficient funds at this time. Flint remarked that the allocation could be considered a loan. Barrett stated any time the City utilizes Park Dedication Fees, there is an assumption that the land will be dedicated for park land and not for any other purpose. Mayor Jabbour stated that the City needs to be absolutely sure that this land will be used as park land in the future, noting that the property owner has been notified that the intent of the City Council is to designate this as park land. Jabbour stated that there is a possibility that the land will be split in the future. Flint commented that the City is interested in creating a park in this area, and that perhaps acquisition of other parcels of property in this vicinity could also be obtained. Barrett stated that in his opinion any time the City designates a piece of property as park land, there is a strong public policy that protects that land, and if the City is interested in having some flexibility with the land, allocation of the purchase funds out of the general budget rather than the park dedication fund would enable the City to have some flexibility with the land. VOTE ON MOTION: Ayes 5, Nays 0. Jabbour moved, Kelley seconded, to adopt a resolution to authorize the City Administrator to execute the purchase agreement for the purchase of property at 3790 Shoreline Drive on behalf of the City of Orono. VOTE: Ayes 5, Nays 0. ENGINEER REPORT Tom Kellogg, City Engineer, had nothing to report. Page 10 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator/Planner DATE: 10/20/99 ITEM NO.: Agenda Section: Zoning Item Description: Dock Policy Relating to Inland Lots on Big Island Without Lake Access 220 Big Island Summary of Request On April 12, 1999 the City Council granted a lot area variance for the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date of this memo the City of Orono has not received a building permit. The property is 4.3 acres in size and is land locked. The access to the lot is via any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. The Municipal Code allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are valid for one year, shall be subject to change, alteration or revo~ation 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. Any formal requests for permits on Big Island require a public hearing with the Planning Commission or the Council. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The notices shall contain the description of the land and the proposed use. The following is a list of PIDs of all land locked tax parcels on Big Island: 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 23-117-23 22 0002* 23-117-23 23 0028 (Has been approved recently for a lot area variance) 23-117-23 23 0033* (Dock Permit issued in 1986) 23-117-23 23 0003 23-117-23 23 0004 23-117-23 32 0020 23-117-23 32 0046 23-117-23 32 0047 23-117-23 32 0048 23-117-23 32 0049 480 Big Island 23-117-23 32 0062 490 Big Island 23-117-23 32 0018 500 Big Island 23-117-23 32 0019 580 Big Island 23-117-23 31 0031 * 590 Big Island 23-117-23 31 0020 (Has a dock through right-of-way) * Developed property Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the property. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion 1. Should the dock rights be for property owners without any other access? 2. Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. 3. The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy revoked. 4. The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A. Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, seasonal recreational use ofland without structures, or with accessory structures only, such as tent camping or day-use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: a) Docks conforming to City and LMCD Code requirements b) One storage building not to exceed 120 square feet in area c) Firerings or barbeque pits d) Open deck or screen house not to exceed 300 Council Action Requested Discuss and provide direction to staff creating a policy for dock rights for inland property owners. Exhibits A Big Island Address/Ownership Map B Enlarged East Area Map C Enlarged West Area Map D Resolution No. 2038 E City Council Minutes (August 25, 1986) Approving Resolution No. 2038 N t MTKABEACH HUNTINGTON POINT 710 -MICHAEL WEINER _____ _ 700 -CHERYL RAMSTAD HV ASS-..--• 690 -ROBERT BRUDER-----1- 670/680 -WILLIAM BRYSON---jt-=~:ari.-li'T 660 -BETTY F. PRINCE-----+ 650 -JAMES A. R. JOHNSON---+ 640 -CLINTON KNUDSON----1-,=I .---- 630 -JEFFREY PERSON----~ ..i ~ z .... :3 ~ =~< = ~ Q p:: = < ..i ~ ..i ~ ..i C C/l z p:: :zo ~ ..i i::a. ~c I I I Q QO M -e I.O I.O I.O Lo+s 5 = C/l = ~ 0 \:.::1 p:: ~ z 0 ~ Q ...... .... 5 i::a. C/l Cl I I e 0 t--'° on V) c:l ..., C/l ;::) ~ ~ ~ I e on Vl MAHPIYATA ISLAND < ~ a:i 0 iz I 0 "<]" V) u ~ ~- ...J C/l -c.'J a5 ' 0 r'1 V) Ill 130 • MARGARET SCHEFT 740 • HENNEPJN COUNTY PAR.Ks - DR. ARTHUR ALLEN WILDLIFE REFUGE 480 _ JOHN PANOZZO- 470 • SAMUEL MCCLOUD 460. BIG ISLAND PR oPERTlES y~R1:1t.s---'° RYRO '<'iv.s1'./\ 450- 1,SO~ \\OR~ ~:t'~ 1'. 4:\0 -y ~'\'.'\ u ~\.P z w-,.o't ~ -31.) -'\'. oss o Q z A ~~~ ,co~~ < (.).Cw$ ~O s, A .... A'19 _, ,P~"\. ~~<0 ~"9 C/l -C c,~'iJ c,# i:.~~ -= ~-~ ~ I ~\: ~i>~ ~",. e ~o ~~ ('l ~-~o on ~~ , ~-,.,ci 100 • BIG ISLAND VETERANS CAMP I -----1 0 • JOHN D. URAN 1 -THOlV'iAS TAYLOR 1 • WM. LILJEMARK 16 -DUANE BEHNING - 17 -JOSEPH BACKES 18 -GERALD E. WALSH 19 -STEPHEN O'GARA 20 -JAMES OGLAND 21 JACK ISAAMAN ~~~q..!!1!,~~230 MRS. FRED HALES :r---~--260 DAVID SAARI ~ E § 0 c -:,.------270 FRED W. HALES ROBERT POSTHUMUS ·-----1-290. WILLIAM FINK 300 -DANIE 310. \V L KELLOGG YAEGE.RflV FARNEs •• VETERANS CAMP BEACH POINT CHARMING ■ Proper+,e.s witl,,ou..+ L o.lua. A~ess BIG ISLAND LANDOWNERS JULY 1, 1997 KEY: • Significant Buildings 120 Assigned Address (Listings in Bold are properties with cabins or other significant buildings) .. .. : · .... ... .·. B ( 3} d~6D_ V'I w ex: I :::{-? "" . -::,lo ~·~ --r I ;i ;I I I ,' ', ,''J> ',' ~~ ~~ M .···. ~ !' 'y\ LOT C ·:::<•·":. ~'--.• ( 2) : .· . ... . · .··-. :•· .-. ---"--=========:=-:,-----,--=-=-=== I / 3;G ::_1~,::, Cl Tr . . CR;:1,Q RECREATION POINT CHAELWEINER ______ _ :ERYL RAMSTAD HV ASS-- ;:i BERT B_RUDER----- \VILLIAI\1 BRYSON-----i::::{:~~F fTY F. PRINCE-----~Lai~~ YIES A. R. JOHNSON----- lNTON KNUDSON----- ;FREY PERSON----- / ECHO BAY ~ ~ ~ ~ z ~5~ ~,.. < ...... ~ =~o ~ = < ~ E-4 ~ E-4 ~ C, Cl2 z ~ ~ zo ~ ~~ ~c, I I I 0 00 N -"'~ = = 0 ~ z 0 Q ~ ~ en I --r- I I I -;:,. I ~o \ '.r, \ ~✓-~ ·' \. I \, ,I ·e[J ✓ tJ ~.-~ \~G~~ z 0 C/'.l ~ ~ ~ s ~ z 0 . Q c::: I ~ 0 Cl'.2 \_~ ......_ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2038 A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, THEREFORE, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island to serve inland property to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10' 51-100 feet in length 15' 3. Dock sections not to exceed 6' in width 4. One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless for- ever from any and all claims _resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at - any time for any reason in the future upon review and revocation by the Orono Counci 1. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no remova 1, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. ( Adopted of iugust, 1986. by the City Council of the City of Orono on the 25th day ATT~·eT: thy City Tim Adams, Acting Mayor -! ·./ ,l ; . . . ·I 1/~:~~g~~~-"'_' i:~~J£,,,_,, MAYOR'S REPORT: CABLE TV REPORT: ORONO COUNCIL MEETING HELD AUGUST 25, 1986 Larry Cook was present and submitted the letter of approval from the Butterfield's. Acting Mayor Adams stated that he was comfortable with the Planning Commission recommendation subject to plicant being put on notice that he is only allowed a imum of three horses on the property. Coun ilmember Frahm asked applicant if he proposed a ridin ring. He also noted that a conditional use permit required for any training done. Mr. Cook ated that he planned to have a riding ring which woul located approximately 50' from the property lin Councilmember ahm questioned whether the original proposal of 10' om the semi-commercial use property would be more app opriate in order to maintain more distance from the st ·ctly residential area. Mr. Cook noted that the e is also a natural screening of mature trees between hi property and the Butterfield property. It was moved by Councilmembe Grabek, seconded by Acting Mayor Adams, to adopt Reso tion #2037 approving a variance to construct a barn from the property line {per Planning Commission's reco ndation) subject to a 3 horse limit. Motion, Ayes 4, Na 0. There was no report from the Mayor. Acting Mayor Adams stated the at the 1st Cable TV meeting the budget was approved noting the hilosophy in which Cable TV budgets their monies. He lso noted that approximately 1/3 of the households in being hooked up to Cable TV. CITY ADMINISTRATOR'S REPORT: *DOCK PERMIT ON PLATTED RIGHT-OF-WAY - BIG ISLAND RESOLUTION 12038 City Administrator Bernhardson explained the request for a dock permit on a parcel of land (an interior lot) that has had a dock on the City right-of-way for the past many years which is currently undergoing a change of ownership. Since the City does require a permit to allow them to have a dock on City right-of-way, staff 7 .MJ:NUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 IDOCK PERMIT CONTINUED recommends that this be permitted subject to the owner being liable to any use related, that the dock be maintained appropriately, and effective until such time as there are other requests from other inland properties requesting a dock at the same location. It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to adopt Resolution 12038 approving a dock permit on a platted unimproved right- of-way known as Bay Place on Big Is land to serve Lots 19 and 20, P.I.D No. 23-117-23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock at this location. Motion, Ayes 4, Nays 0. BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that the B'g Island Board of Governors made a letter request in e ly August to be put on the agenda, in which staff res nded by letter requesting that they contact staff ead of time to no avail. Present for this matter were: Donald A. M · ler, Stuart H. Gorney, Alan Wiedorf, Joe Backus, and nee Bartlett. Don Miller explained that the Chair of the Board of Trustees, Leonard Carlton, .has een out of town therefore was unable to respo to staff's letter. As former Chairman of the Board nd friend, Mr. Miller was asked to speak on beha 1 f o Chairman Car 1 ton and the Board of Governors. Mr. Miller reviewed recess that was undertaken in order for the vets to retain possession of the Vets camp. He explained t areas of concern while trying to rebuild the camp ting that most of these problems existed for man years prior to possession of the property, les than a year ago, by the Board of Governors. 1) City as issued 3 citations for the storage of fish uses on the island, noting that the fish hous shave been stored on the island previous years an this is the first year the Board of Governors shad any control. He stated that the issue is now tied up in the court system between the city and the owner of fish houses and the Board of Governors is caught in the middle of the issue. 8 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 re-open the public hearing which was tabled on 11-15-99 regarding application #2549 David Lovelace's request for dock access for 220 Big Island, at the following time and place: Monday, April 17, 2000 Orono Council Chambers, 2780 Kelley Parkway Meeting begins at 6:30 p.m. This item is currently scheduled as Item 3 on the meeting agenda and is expected to be heard early in the evening. City staff is recommending that a dock for the applicant be allowed to extend from the 90' dedicated roadway located between Lots 38 and 39, Morse Island Park. All persons wishing to be heard will appear at this time. Written comments are solicited. City of Orono By: Planning Commission Michael P. Gaffron, Senior Planning Coordinator STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono , Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2549, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of November, 1999 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box II Crystal Bay, MN 55323 Phone (812) 2411-4800 Fax (812) 2411-4818 ~ The Plann ing Commission will ho ld public hearings In the Council Chambers at 278 0 Kelley Parkway on Monday, November 15, 1999, beginning at 8:30 p.m. on the matter of reviewing the following land use applications : 1. #2488 Elaine Erickson , 1270 Spruce Place, requests lakeshore setback, average lakeshore setback , lot coverage and hardcover variances to permi t constructio n of a new residence on the property. 2 . #2525 Larry · Jacobso n and Vickie O'Nei ll , 835 Ferndale Road North, request a varia nce to permit constr uction of addit iona l garage space with in a requ ir ed yard setback. 3 . #2530 Wi lli am Wear, 2180 Wayzata Boulevard, requests a va riance to permit all owed slgnage for a property In the B· 1 Zoning Dis trict to exceed what 1s all owed by frontage, and a variance to permit a sign to be located within the front yard ll9tback. 4. #2534 W. Duncan MacMillan, 1820 Fox StrHt, requests a variance from side yard setback requirements to permit a garage addition to an existing carriage house. 5. #2540 Bradley Hoyt , 2523 Kelly Avenue, requests a co nditio nal use per mit and variance to per mit alter-th e-fact land alte ration and co nstruction of a retaini ng wall withi n the lakes hore setback an d to permit hardcover within the 0-75' lakeshore setback. 6. #2542 Bruce Hedblom and Carol Cline-Hedb lom, 2601 CHco Point Road, request variances fo r hardcover, lakeahore setback, average lakes hore setback, and lot coverage to permit an addition to the extsllng residence. Affidavit of Publication State of Minnesota, Coun ty of Hennepin. 7. #2543 Ted Edin, 3025. Caaco Point Road, requests hardcover, lakeshore setback, average I keshore setback and lot Bill Holm , being du ly sworn on oath , says that he is coverage varia nces to permit replacement · . and enlargeme nt of an ex isting second Sll>ry an authorized agent and employee of the publisher deck . of the newspaper known as THE LAKER, Mound, 8. #2545 Lou and Mari lyn Fegers, HIO North Shore Drive, request variances to permit construction of a three stal l garage on the property. 9. #2546 Christine Wood, 4005 North Shore Drive, req uests variance renewals to permit a detached garage to be located 3' from a street lot line where 1 O' 11 required and 1 O' from the side or rear lot line where 1 S' Is req uired for a structure In excess of 750 a.I., and to permit a net Increase In hardcover within the 75-250' setback. 10. #2547 Kim ber li and William Abbott, 470 Big laland, req uest after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroachi ng on the average lakes hore setback . The request includes after-the-fact variances for hardcove r In the 0-75' lakeshore setback. 11. #2549 David Lovelace, 220 Big Island, requests a dock permit for an In land property on Big Island. All persons wishing to be heard are encouraged to attend this meeting. Written comme nts are so li cited. Plans are available In the City Offices . For an appointment, please ca ll 249-4600 . City of Orono . . By: Planning Commission Paul Weinberger, Administrator/Planner Zoning (Published In The Laker and Pioneer Oct. 30, 1999) Minnesot a, and has full knowledge of the facts wh ich are stated below: A.) The newspaper has complied wi t h all the requirements constituting qualif ications as a qualified newspaper, as provided by Minnesota Statute 331 A.02 , 331 A.07, and other applicable laws, as amended . 8.) The printed __ L_a_n_a __ u_s_e_A_p_p_l_i_c_a_t_i _o_ns w hich 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 30th day of October 19~. and was thereafte r p rinted and publ ished eve ry Sat urday , to and including Saturday, the ___ day of _______ 19 __ ; M.~dA9e nt Subscr ibed and sworn to me on this 30th By : ~-&_c_:-~-, b_e_r ___ , 19 .22..__ (1) Lowes c ass, Ie ra e pat y commerc,a users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90 . (3) Rate actually charged for above matter: $7.19 per inch . Each additional successive week: $5.14. Ill L L- {_ l.., l.., (.. Ill RUN DATE 02/08/99 BATCH 502 PROP ADDR OWNER NAME TA><PAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAY~R NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 2 -117-23 14 0001 00740 B G,ISLAND HENN ARK RESERVE DIST HENN C PARK RESERVE DIST RTE OX 296 MA E PAIN MN 55359 55331 38 23-117-23 23 0015 00180 f:I ISLAND GE & V SH GERALD & VALERIE WALSH 16950 A OR RD N EDEN PRAIRIE HN 55346 38 23-117-23 23 0030 00150 BIG ISLAND G L & W ~ LILJEMARK TRUSTEES WILLIAM & GAYLYNN LILJEMARK 18140 27TH AVE N WAYZATA MN 55447 38 23-117-23 23 0033 00230 BIG ISLAND E HALES & A SAAR HRS FRED HALES 3711 ARBOR LAS MINNETONKA MN 55305 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 14 0003 00740 BIG ISLAND HENN CTY PARK RES DIST HENN CO PARK RESERVE DIS PO 80)( 296 MAPLE PLAIN MN 55359 55331 38 23-117-23 23 0016 00180 BIG ISLAND GE & V WALSH GERALD E & VALERIE WALSH 16950 MANOR RD N EDEN PRAIRIE HN 55346 38 23-117-23 23 0031 00140 BIG ISLAND THOMAS L TAYLOR & WIFE JOHN D & CHERYL SCOTT URAN 9 CENTER ST - E><CELSIOR MN 55331 . 38 23-117-23 23 0034 00210 BIG IS~AND J A & I ISAAHAN JACK A I~AAMAN 5308 W HIGHWOOD DR EDINA MN 55436 REPORT NO. PI435401 38 23-117-23 22 0002 00130 BIG ISLAND I MARGARET SCHEFTEL I MARGARET SCHEFTEL • 80)( 176 EXCELSIOR MN 55331 38 23-117-23 23 0004 00240 BIG ISLAND FRED A BRUNTJEN FRED A BRUNTJEN BOX 584 EXCELSIOR MN 55331 38 23-117-23 23 001~ 00160 BIG ISLAND JOHN DURAN DUANE BEHNING 9117 ·NORMAN RIDGE CIR BLOOMINGTON MN 55437 38 23~117-23 23 0029 00170 BIG ISLAND PAGE 3 JOSEPH M & MARIE J BACKES ~ JOSEPH M & MARIE J BACKES LOT 31 BIG ISLAND 80)( 183 EXCELSIOR MN 55331 38 23-117-23 23 0032 00200 BIG ISLAND JAMES W OGLAND JAMES W OGLAND .52.5 FERNDALE RD N WAYZATA MN 55391 38 23-117-23 23 003.5 00190 BIG ISLAND STEPHEN R O'GARA STEPHEN R O'GARA 2914 W 44TH ST MPLS MN .5.5410 ~J ~-,~ ~ c~ ~ ,· _j (._ (.. c... c... l.. Ill -- Ill RUN DATE 02/08/99 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP AODR OWNER NAME TAXPAYER NAME/ADDR 38 23-117-23 32 0018 00490 BIG ISLAND T & P HANNA TED R HANNA 14115 KNOLLWAY DRS MINNETONKA MN 55305 38 23-117-23 .32 0062 00480 BIG ISLAND J & C -PANOZZO CELIA PANOZZO 40219 EYOTHA WAY ONAMIA MN 56359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO . PI435401 38 23-117-23 32 0019 00500 BIG ISLAND EUGENE A NELSON EUGENE A NELSON 9720 3RD ST NE BLAINE MN 55434 TOTAL BATCH 502 00022 38 23-1 00250 FRED A FRED A BOX 58 EXCELS 55331 PAGE 4 I CERTIFY THAT THE FACTS REPRESENTED · ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST Of HY KNDWLEOCE AND BELIEF. ~ DAT 4t:f t/CJ.BY ' ~ -;"•:•:::"""'·- C\l © tjd ,z 1-111--Z. 3 2 3 0027 :Pe-kY-Tl-tis s .,.,,d $'-\ '-'f Ti..1 ~ s $3C, L~',u ~t.,«4\- Exc:..e\ stoYJ MN 5£331 s~'"l.l.J M cC\c,uJ ~-o-Boi 2\\o ~\ q~ tp..u-, tAN ~~371 l)°'-V ,~ J s ~ 0vr ~' I~ (o t> 7 D ~ w Y\ \)r," -t. \'J\,~wu.,~~~ J M tJ ~t;?,'-/5 bw,D ~fZ'6- '3, 12..0 .:,,, ~ f/10vt IU fl// /\J __,___5 ~ y I -----------------------------------'--==========-::---c.-~:..c ' I \ ' I :::!l:i ! I ~.,. . J .. ' ~<;? .. ~6 :· .. -· --r ······ I I ... ;r 3:G :::_1~,D crrr -. CRCM ;1 ' : I N ... " 0 Q 2: "' <,:, <,:, ., Q t § ., < 2: ~ 100 • BIG ISLAND VETERANS CAMP • MTKABEACH HUNTINGTON POINT :;: :;: 3 ~ ;;,; ,. 130 • MARGARET SCHEFTEL·· MAHPIYATA ISLAND 740 • HENNEPil-1 COUNTY PARKS· RECREATION POINT DR. ARTHUR ALLEN WILDLIFE REFUGE 710 • MICHAEL WEINER------ ' I '?o '),_ -----150 • WM. LILJEMARK •-----160 • DUANE BEHNING -----170-JOSEPHBACKES 700 • CHERYL RAMSTAD HVASS--' ,, ·,tt 1>4),_ 4 q~ 240/250-FREDABRUNTJEN --, 500-EUGENEA.NELSON --, 490-TEDR HANNA ----' . ' ' l! 140-THOMASTAYLOR -----180-GERALDE. WALSH • -----190 • STEPHEN O'GARA ------200 • JAMES OGLAND 690-ROBERTBRUDER ~ 670/680. WILLIAM BRYSON -, 660 • BETTY F. PRINCE II , /if; 650 • JAMES A. R. JOHNSON---- 1',;C>+. ,s,0+ 640. CLINTON K'IUDSON 630. JEFFREY PERSON / I ,. ECHO BAY ~ ; (/) ,.J ,.J:;: = = =--< = ::: ~ o o ~ L _..,..-I t;i ~! ~ ~ I ! . '""'"'oei I "' u . ~~8:l~ ~ 1'_ ~ "1;::;1,:i;;1r-:ii:.:io c::: p:i o < ~~'-:'":': ., ~ ~ [{] ~~~~~ ~ <: ci5 C \O',Q\,O 111 vi :; ~ ; co ~ 5 B i = ~ ~ lfl Q O "' "' " "' "' ' ' ~ '' --~w•---~~• • --~.,, & ''' ______ 210 • JACK ISAAMAN ~: ~~230-MRS 260. DA ~:ED HALES 270. FRED AARI W.HALES ;;;--28 0 · ROBERT p ~ 290 OST!-IUMUS ~ c # ---• WILL ----Joo. DA 1AM FINK ♦ 310.ii,-NIELIQ: YAEGE LLOGG lliN Ji'. .~. •""" ,..,,.,,,---............._ """' =--.._ J:zo.J 01' _ __.._....-,.,r ------Olftv \'E1E1\\0R\(ELS ~ ~~R~"'-"" ~ 3Jo.J, S.oEAtv .,,. ,...---. ,, ""•• :t\\'i\,o~:t ,:., "' ~ .,,0 o_c; E1o1;; ,,,_,w,o ,,¢-# ~ ., '•• N 460 • BIG ISLAND PROPERTIES '<- 0 ss~ ~/u u ~ 0 c;li:r, -,,,,,,;; • ,c<fl""' // ' , ">, o_.,, . "'• .,,. ".. / / • ,, ~ ·, °' So ••"°· ••"" ,, 0 ,~ •. ·, '• ' ' •'"·" •""' .-•· ;; ·, o, '" • •• ,. ,,. t ., '+ '+,., ,..• .,. • ++ •• '++ ~ -~O v <!';,;, <;,·--,❖ -1 ~ ~~~ ,s><i> -1,r, 'Ir ~ ,s,o C>o/ ,i, ~ .. POINT CHARMING BIG ISLAND LANDOWNERS JULY 1, 1997 KEY: • Significant Buildings 120 Assigned Address (Listings in Bold arc properties\\ cabins or other significant 6uildin .. ti .... .. .. J ® '2. ~ ® "" ~ ~ t2 f).. ",· <t" 4.. ,,-, ~ ~ U) (,)- :1 + T + y_ 2 ,J. ('\ <( s;t:_ V) ::i:: I ~ L\ ,. g/.. < Li,j l,1 ~ I Q ~ ......_ ~ ~ I .s < q_ s::' < --, V < <,<§ ...,, v:i. ...j :t: -~ I -, '2 ....., vlJ «:! .... ~ v • ::s ------1 c() <:::) ~. :t + + + + + + + 'l • ~ i~~ ~» ,~ ·~ "> n 0 -._;'°'I i; ~ '\ © + ~ ::r: ~ ~ v1 ~ 4 <!. ...J. 1 u <t. < ~ -< ~ _\[) -....{ <t... cu .~ ~ <t::. -<:J ~-0 - , , -, f'l:. ,. ' ,~ ~ ,~.. - , , .. ;~'>· --,--s_ ~,. ,. , , "2.. 4 ~ ~ ~ ~ .-:;--. ~ ~ A ~ .' ,,,,. <" ~ ~ ·-•~ . -i- . . . . . . . -. . . ' . l.:....... • ... -.. -· . :.-~·--=··~ : . ~ •-~~-.:.• •, ·: