HomeMy WebLinkAboutProject PacketHennepin County Government Center
Department of Property Tax and Public Records
A-607 -Attn: Jim Holan, ID Controller
Minneapolis, MN 55487
Dear Mr. Holan:
I hereby make request for a combined assessment and legal combination of the following described land:
and
and
Orig. PID #
Orig. Address:
Legal description:
Orig. PID #
Orig. Address:
Legal description:
Orig. PID #
Orig. Address:
Legal description:
Orig. PID #
Legal description:
New Address:
Municipal Code: 3 8
RICHARD G HANSON
Fee Owner and Taxpayer
Date:
23-117-23-32-0003
340 Big Island
Lot F Morse Island Park
23-117-23-32-0035
340 Big Island
That part of Lot 71 Morse Island Park lying south of the north 30 feet
23-117-23-32-0040
340 Big Island
That Part of Lot 3 and vacated Massasoit A venue Morse Island Park 2nd
Addition and of Lot G Morse Island Park Addition lying NEL Y of the
NEL Y line of SWL Y 50 FT of Lot 3 and same extended to Lake
Minnetonka.,
Vacated right of way
That part of Meta-Comet A venue, as dedicated on MORSE ISLAND PARK,
according to the recorded plat thereof, Hennepin County Minnesota, which
lies southeasterly of the southwesterly extension of the south line of the
North 30.00 feet of Lot 71, MORSE ISLAND PARK, according to the
recorded plat thereof, Hennepin County, Minnesota (Meta-Comet A venue is
to extend to the north line of Lot G, of said MOORSE ISLAND PARK),
retaining a utility easement over, under and across that part of vacated Meta-
Comet A venue, as dedicated on MORSE ISLAND PARK, according to the
recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly
of the southwesterly extension of the south line of the North 30.00 feet of
Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof,
Hennepin County, Minnesota and northwesterly of a line 96.50 feet
southeasterly of and parallel with the south line of the North 30.00 feet of
Lot 71 and its southwesterly extension.
340 Big Island
Tax Year: 2011
Taxpayer's Address:
970 Iris Circle
Excelsior MN 55331
D 1 -Pending Combinations (Deputy Clerk) D 1 -Street File
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
TO: Richard Hanson
970 Iris Circle
Excelsior MN 55331
ZONING FILE #09-3433
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: January 19, 2010
COPIES: Jeff Lambert ( email)
TYPE OF APPLICATION: Street Vacation and Lot Width and Area Variances
DATE OF MEETING: January 11, 2010 VOTE: 5 FOR 0 AGAINST
Motion: To approve the variance per the findings and conditions of the resolution previously
mailed to you and to approve the vacation per the findings and conditions of the attached resolution.
Please sign and return the enclosed tax parcel combination form. The variance resolution
cannot be recorded without this form.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Evelyn Turner, City Planner, at 952-249-4623.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, Janua~ 1 1, 2010
7:00 o 'clock p.m.
4. #09-3433 RICHARD HANSON, 340 BIG ISLA1\1D -VARIANCE AND VACATION -
RESOLUTION NOS . 5899 & 5900
Jeff Lambert, Attorney-at-Law, was present.
Turner noted on December 14, 2009, the Council tabled this application to allow Emeric Dwyer,
Attonrey-at-Law, who is representing several neighboring property owners , additional time to research
the situation. Staff has also researched some of the issues raised at that meeting and the findings are
outlined in Exhibit I.
Turner noted the map generated from the latest county surveyor 's maps show that Meta Comet does not
extend all the way to the lake . A copy of the deed given to Mr. Hanson 's father shows that Outlot G has
been in private hands since 1960. The maps from the county surveyor 's office for that period of time also
confirm that the land in question was privately owned.
Staff is recommending that the Council take action on the lot area variance, which is separate from the
vacation. In regards to the vacation, if the Council is satisfied that there is no perceivable purpose for the
right-of-way then it should be vacated, Jeff Lambert stated in his opinion Staff has addressed the
questions raised by the Council at the last meeting. Lambert noted he did submit a deed from Ms . Ude,
the previous property owner that was provided to Mr. Hanson 's father in 1960. The deed shows the
conveyance of Parcel 3, which is down at the very end of Meta Comet, and also shows that the land has
been in private hands since at least 1960 and possibly before .
Lambert stated in his opinion Meta-Comet Avenue should be vacated for the safety , security, and
enj oymen:t of the current property owner. At the time Massasoit A venue was vacated, Meta Comet
became a dead end.
Emeric Dwyer, Attorney-at-Law, stated he has spoken with Mr. Lambert and that he has reviewed the
situation thoroughly with the Hennepin County Recorder's Office. As it relates to the discussion at the
last meeting, there appeared to be an error on some maps with regard to a line that had been drawn in, but
that situation has now been clarified with the deed.
Dwyer pointed out that access to the island is very difficult at certain times of the year; particularly on the
east side, and while the public land does not reach to the beach, he would ask the Council to consider
access to Big Island for the neighboring residents .
Murphy moved, McMillan seconded, to adopt Resolution No. 5899 granting of a lot area variance
for the property located at 340 Big Island. VOTE: Ayes 5, Nays 0.
Tom Esco , Delano, stated Mr. Hanson wants to sell his parcel, which is the reason for requesting the
vacation.
Page 8
-..
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 11, 2010
7 :00 o 'clock p .m.
(4. #09-3433 RICHARD HANSON, 340BIGISLAND-VARIANCE AND VACATION-
RESOLUJ'ION NOS. 5899 & 5900, Continued)
McMillan stated she understands the seriousness of vacating property. McMillan noted the City in the
past has vacated other land for public good, such as a portion of Bracketts Point Road in order to obtain a
better turn-around. As it relates to this application, there is some public good being done with the
vacation in that it would put an end to a public nuisance and help stop trespassing in this area . McMillan
indicated she is in favor of vacating that portion of Meta Comet A venue .
McMillan moved to adopt the Resolution Vacating a Portion of Meta-Comet A venue Within the
Plat of Morse Island Park, with the following amendments: 1. Eliminate the whereas language
stating that Hanson is the owner of all property abutting the right-of-way proposed to be vacated
and replace it with the language that the portion of land to be vacated has never provided direct
lake access dead-ending approximately 40 feet from the lakeshore; and No. 2, the following
language be added: "This portion of the road was used to connect with Massasoit Avenue.
Massasoit Avenue was vacated in 2002 pursuant to Resolution No. 47-96. This disconnected
portion of Meta Comet Road has the potential to create ongoing trespassing on the private land
between the lake and the right-of-way proposed to be vacated."
City Attorney Mattick stated he does not have any issues with the two suggestions by Council Member
McMillan.
Lambert pointed out there is a typo in Paragraph 4.
Bremer stated she would like to retain Item No. 1 in order to identify who Mr. Hanson is .
McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5900, a Resolution Vacating a
Portion of Meta-Comet A venue Within the Plat of Morse Island Park, with the following language
being added under Item No. 2 on Page 1, "That the portion ofland to be vacated has never
provided direct lake access, dead -ending approximately 40 feet from the lakeshore. This portion of
the road was used to connect with Massasoit Avenue. Massasoit Avenue was vacated in 2002
_pursuant to Resolution No. 47 -96. This disconnected portion of Meta Comet Road has the potential
to create ongoing trespassing on the private land between the lake and the right-of-way proposed to
be vacated." VOTE: Ayes 5, Nays 0.
-----------------Page9
::
Date Application Received: 10/20/09
Date Application Complete: 10/20/09
Extended Review Period Expiration: 2/18/10
REQUEST FOR COUNCIL ACTION
Date: January 11, 2010
Item No. '-/:
Department Approval: Agenda Section: Planning Department Report
Name: Evelyn Turner
Title: City Planner
Item Description:
#09-3433 Richard Hanson, 340 Big Island
-Street Vacation and Lot Area Variance -Resolutions
Zoning District: RS (5 acres)
Lot Area: 1.12 acres
Lot Width: 120 feet
List of Exhibits:
A. Resolution Vacating Meta-Comet A venue per Planning Commission recommendations
B. Resolution Granting Lot Area Variance per Planning Commission recommendations
C. PC Action Notice dated November 17, 2009
D. PC Memo & Exhibits ofNovember 16, 2009
E. Draft PC Minutes of November 16, 2009
F. Comments on Vacation from Xcel Energy and Qwest Communications
G. Survey showing proposed utility easement
H. Access Site Inventory Map
I. Additional Information from City Staff
Application Summary
Mr. Hanson requests vacation of a portion of unimproved Meta-Comet A venue and a lot area variance.
Background
On December 14, 2009, Council tabled this item to allow Emeric Dwyer, an attorney representing
several neighboring property owners, to research the situation. Staff has researched some of the issues
raised at that time (Exhibit I).
The lot area variance was applied for in 1986 by Mr. Hanson's father. For some reason it (and several
others on Big Island) was never processed.
Planning Commission Recommendation
On November 16, 2009, Planning Commission voted 5 to Oto recommend approval of both requests.
Planning Staff Recommendation
A. Approval of the lot width variance per the attached resolution. It is independent of the vacation
and should be acted upon at this time.
#09-3433
January 11, 2010
Page 2 of2
B. If Council is satisfied that there is no foreseeable Public purpose for the right of way proposed
to be vacated, approval of the street vacation per the attached resolution.
COUNCIL ACTION REQUESTED
A. Adopt or amend the attached resolution granting a lot area variance.
B. Adopt the attached resolution vacating a portion of Meta-Comment or give Staff direction
regarding changes to the resolution.
A RESOLUTION VACATING
A PORTION OF META-COMET AVENUE
WITHIN THE PLAT OF
MORSE ISLAND PARK
FILE NO. 09-3433
Council
Exhibit A
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard Hanson, the owner of340 Big Island in the City of Orono, has
petitioned for vacation of a portion of Meta-Comet Avenue adjacent to his property; and
WHEREAS, after due published and posted notice, a public hearing was held by the
Orono Planning Commission on November 16, 2009, regarding said vacation and all interested
persons were given an opportunity to .be heard; and
WHEREAS, immediately following this public hearing the Orono Planning
Commission recommended approval of the vacation by a vote of 5-0; and
WHEREAS, in consideration of the following findings the Orono Council finds the
vacation as proposed is in keeping with the public interest:
1. Hanson is the owner of all property abutting the right of way proposed to be vacated.
2. The portion of the road proposed to be vacated does not provide direct lake access,
dead ending approximately 40 feet from the lakeshore. The dead end was created by
the vacation of Massasoit Avenue in 2002.
3. No direct, public access to any property would be eliminated by the vacation.
4. The only use of the right of way by public utilities is for an overhead power line and
and service drops to 340 and 350 Big Island. The power company does not object to
object to the vacation as long as a utility easement is retained over the portion of the
Page 1 of 2
the right of way it utilizes.
5. Future construction of a trail within the right of way proposed to be vacated is not
warranted because it would encourage trespassing on private property between the
lakeshore and the trail. There is no practical way to prevent this trespassing as the
code prohibits fences within 75 feet of the lakeshore.
NOW, THEREFORE, BE IT RESOLVED, that the Orono. City Council hereby approves the
vacation of that part of Meta-Comet A venue, as dedicateq qnMQ~SE ISLAND PARK, according to
the recorded plat thereof, Hennepin County Minnesota, wllich lies southeasterly of the southwesterly
extension of the south line of the North 30.00 feet of Lot 71, MORSE.ISLAND PARK, according to
the recorded plat thereof, Hennepin County, Minnesota (Meta-Comet Avenue is to extend to the
north line of Lot G, of said MOORSE ISLAND PARK), retaining a utility ~asement over, under and
across that part of vacated Meta-Comet Avenue,. as dedicated on MORSE .ISLAND PARK,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly of the
southwesterly extension of the soutli.1iny.~f the North 30.00 feet of Lot 71, MORSE ISLAND
PARK, according to the recorded plaH~ere'of,Hennepin County, Minnesota and northwesterly of a
line 96.50 feet southeasterly of and para11elwitht~~.south line of the North 30.00 feet of Lot 71 and
its southwesterly extension, as shown ontll.~attacH~tl :pxhibit A.
Adopted by the Orono City Council on this 1 lth4ay of January, 2010
ATTESTt~; ~·•··
Linda S. Vee, City:CJerk James M. White, Mayor
Page 2 of2
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NORTH
DESCRfPTION QF SUBJECTPROPFJlTY
PARCEL I: 1.otF, MORSE ISi.ANO PARK, 1ccwdillg la the recorded plal then,o( Hennepin CollDl)',
Minnesota.
PARCEL l: That pan ofl.ct 7 I, MORSE ISLAND PARX, according 10 the n:oonlcd plot them,!; Hennepin
Cowlly,Minnuota,lying1outhofthcoorth30.00fee!thcreo£
PARCEL 3: That part of Loi 3, MORSE!S!..ANDPAR.KlND ADDmON and Lot G, MORSE ISLAND
PARK,11CCOrdiogtothcn:cordcdp!1UthCl'l:l.lf,Hcnm:pinCOW1ty,Minaesola,lyingnorthca,i!,:rlyoflbc
nonhurtcr\yliocofthc1<>11!bwcatcrlyS0.00feetofnidLot3andthcsamccxlcndedl<lLaltcMinnetonlca.
PARCEL 4; That pat ofMauuoit Avenue, as dedicated 011 lhe MORSE ISI..ANO PARK SECOND
AODITTON, whitb lies b=tween lhcioutheutaly cxtffllion oflheiouthwtslerly !inc of Lot 3, uid >1-ddilioa,
&11d the 1n11thcaslttly ntcmioo orthi:1111rthwlttlylincor.aid Lot 3.
PRQPOSED VACA TEO META COMET A \/£NJIE DESCRIPTION
That part of Meta Comc1Avcnuc, .. dedicated on MORSEISLANDPARX SECONDADOITTON,
accordinglothcrecordcdpl1!th=nf,HawepinCoWlty,Minn1:tota,ext=dingtothcoorthlincofLotCi,
MORSE ISLAND PARX, accordlllg kl the ncorded plat th=af, Jknnopin Cmmry, Mimlesota, which lie,.
iouthc:asterlyaflhe1aulhwcatarly exten1ionoftiultputa!Lot 71, MORSE ISLAND PARK.ccco,ding to
then:cnnlcdplatlhrn,nf,HetmcpinCooory,MinDeso111,lying110uthofthcoorth30.00!=tlh=ct
Atea:6,658Sq.Ft.
= This survey does not purport to thaw 1111y 11DdergMmd utilities. The o,:il1ins utilities shawn-llwwu inan
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hi,,f11.ilun,toex1ctlylocateaodpn,1ect..Uexll1inguli!ityf.a,;ilflies.
Contact OOPHER STATE ONE CALL ot 651--454-0002 for preci1c omite location of utilities prior to any
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lltiJcatific11ionorperao111undcrbi,,dirc,,:tsupcrvillio11.
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di?mS11pcrvil!oa.mdlh1tfsmadulylitamodlandllUTVC)'orundcrthcl1W1
oftheSt111catMinneso1a,
Datcdlbil!lthdayofOctobc:r,2009.
SA 'J'HRE..BEROQU!ST, INC, RECEIVED
D~•'•·'~'-•·""''-;,~,...,"~"" OCT 2 0 2009
M11111esohl L1cma~ No. ~0l-44
CITYOFORON
REVISIONS
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CHECKED
GRG -,-OATIS
08127/09
SCAf.E
AS SHOWN :+> JOB NO.
32815-001-002
FILE:
STREET VACAT!ON.OWG
TOWNSHIP -RANGE • SECTION
117-23-23
HENNEP!NCOUNTY
BOOK:191 PAGE:7
SHEET 1 OF 1
A RESOLUTION
APPROVING A LOT AREA VARIAN CE
FOR BIG ISLAND RECORD LOT NO. 25
PURSUANT TO ORONO CODE SECTION 78-563
FILE NO: 09-3433
Council
Exhibit 8
WHEREAS, the property described on the attached Exhibit A, also known as
Record Lot No. 25 or 340 Big Island, is situated on Big Island and is zoned RS Seasonal
Recreational; and
WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations
the City Council reviewed ownership, development and use patterns on Big Island and
determined that all the above described property combined is and shall hereinafter and
henceforth be one "Record Lot" as defined by Orono Code Section 78-568(1); and
WHEREAS, an application was filed for a lot area variance as outlined in Orono
Code Section 78-563(a)(2).
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on November 16, 2009, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #09-3433
2. The Planning Commission reviewed this application on November 16, 2009 and on a
vote of 5 -0 recommended approval of the variance.
3. The above described property when combined as one Record Lot is still less than the
minimum lot size required for new lots in the RS district, but this Record Lot is being
Page 1 of 2
used and may be used in the future for any permitted use in the RS District without
adverse affect upon public health, safety, or welfare.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a lot area variance to the
above described Record Lot subject to the following conditions:
1.
2.
This Record Lot including all the aboye described property shall henceforth be
continued in common ownership by the same person or persons even if recorded
as separate lots, and it shall not be subdivided, sold .in parts, reduced in area or
otherwise separated without approval of a subdivision by the City. This condition
shall not preclude future sale or transfer of the complete Record Lot as a single
unit or the merging by tax parcel combination of this Record .Lot with one or
more other Record Lpts as long as the merging results in a teduction in the
number of Record Lotsi'.Ih~Record Lot shall be combined into one tax parcel.
Granting this varianc:
0 m~:rh\ri~ Record Lot may be used for one-family
seasonal recreational use Jithout a strµctµre or the existing dwelling may be used,
improved, enlarged, or rep la%~~ witll9ut re'quiring further City Council review of
lot size, but subject to compliancewith all building permit, setback hardcover, on-
site sewage treatment and other pei:formance standards for development in the RS
District. ··
3.:N' Vi~lati.6n. of or non-compliance with any of the terms and conditions of this
\\ : resolution s~tll constitute a violation of the zoning code, shall automatically
· )~t, terminate ari}:'Jl.:Uthority granted herein, and shall be punishable as a misdemeanor
Adopted by the Qrf?llO City Council on this 11 h day of January, 2010.
ATTEST:
Linda S. Vee, City Clerk James M. White, Mayor
Page 2 of2
Exhibit A
Use this version if vacation
resolution is not adopted.
Lot F, Morse Island Park, according to the recorded plat therof;
That part of Lot 71, Morse Island park, according to the recorded plat therof, lying south of the
north 30.00 feet thereof;
That part of Lot 3, Morse Island Park 2nd Addition and Lot G, Morse Island Park, according to
the recorded plats thereof, lying northeasterly of the northeasterly line of the southwesterly 50.00
feet of said Lot 3 and the same extended to Lake Minnetonka;
and
That part of Massasoit Avenue, as dedicated on the MORSE ISLAND PARK SECOND
ADDITION, which lies between the southeasterly extension of the northeasterly line of the
southwesterly 50.00 feet of Lot 3, said addition, and the southeasterly extension of the
northeasterly line of said Lot 3,
all in Hennepin County, Minnesota.
Exhibit A
Use this version if vacation
resolution is adopted.
Lot F, Morse Island Park, according to the recorded plat therof;
That part of Lot 71, Morse Island park, according to the recorded plat therof, lying south of the
north 30.00 feet thereof;
That part of Lot 3, Morse Island Park 2nd Addition and Lot G, Morse Island Park, according to
the recorded plats thereof, lying northeasterly of the northeasterly line of the southwesterly 50.00
feet of said Lot 3 and the same extended to Lake Minnetonka;
That part of Massasoit Avenue, as dedicated on the MORSE ISLAND PARK SECOND
ADDITION, which lies between the southeasterly extension of the northeasterly line of the
southwesterly 50.00 feet of Lot 3, said addition, and the southeasterly extension of the
northeasterly line of said Lot 3;
and
That part of Meta-Comet Avenue, as dedicated on MORSEJSLAND PARK, according to the
recorded plat thereof, which lies southeasterly of the southwesterly extension of the south line of
the North 30.00 feet of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof,
(Meta-Comet Avenue is to extend to the north line of Lot G, of said MOORSE ISLAND PARK),
all in Hennepin County.Minnesota.
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Richard G. Hanson
970 Iris Circle
Excelsior, MN 55331
TYPE OF REQUEST:
DATE OF MEETING:
ZONING FILE: 09-3433
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: November 17, 2009
COPIES: via email
Jeffrey W. Lambert
Attorney at Law
ieff@lblawoffice .com
Street Vacation and Lot Area Variance
November 16, 2009
Planning Commission recommended as follows:
VOTE: 5 FOR 0 AGAINST
Applicant 's next scheduled meeting is tentatively* for:
December 14, 2009 Council Meeting --Meeting starts at 7:00 pm
Council
Exhibit C
*To remain on the December 14 th agenda, please provide a legal description of the utility
easement area by December 8, 2009.
If you desire certified copies of the official Planning Commission minutes , they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Evelyn Turner at 952 .249.4623.
Council
Exhibit D
Date Application Received: 10/20/09
Date Application Considered as Complete: 10/20/09
60-Day Review Period Expires: 12/19/09
To:
From:
Date:
Chair Kang and Planning Commission Members
Evelyn Turner, City Planner
November 16, 2009
Subject: #09-3433 Richard Hanson, 340 Big Island (Record Lot #25)
-Street Vacation and Lot Area Variance
-Public Hearing
Zoning District: RS -Seasonal Recreation (5 acres)
Lot Area: 1.12 acres
Lot Width: 120 feet
Application Summary: The owner requests vacation of unimproved Meta Comet
Avenue as well as a lot area variance to clarify the status of the property.
Sta.ff Recommendation: Planning Department Staff recommends and approval of the
lot area with conditions
Pertinent Zoning Ordinance Sections
Sec. 78-9. Vacation of streets, alleys and public grounds.
Vacation of streets, alleys and public grounds shall follow the procedures set forth in this
chapter; except that such vacation shall require a petition by a majority of the landowners
abutting the property to be vacated, and a hearing preceded by two weeks' published and
posted notice, all as required by Minn. Stat.§ 412.851.
Sec. 78-568. Lot area requirements. (underlining added for emphasis)
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 wetlands. Within any RS seasonal
recreational district, the following provisions shall govern the buildability, use and/or
subdivision of each existing record lot:
(I) Record lot definition. For purposes of the RS seasonal recreational district, a
"record lot" shall mean all the contiguous or abutting land owned in common by the
same person or persons as of November 9, 1981, or at any time such common
ownership may occur thereafter, including one or more separately platted lots or
unplatted parcels of land, and/or one or more separately identified tax parcels.
Because of the unique circumstances and actual use patterns existing on the islands,
also included within the definition of a "record lot" is commonly owned land that is
contiguous except for being separated only by platted unopened public right-of-way.
Each record lot shall be considered in its entirety to be one lot for zoning purposes.
a. The effective date for determination of common ownership is November
9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium
FILE 09-3433
November 16, 2009
Page 2 of 4
on development, including land subdivision, on the Lake Minnetonka Islands.
Common ownership as of that date has been and shall be determined by the
deeds of record at the county recorder's office. This definition shall not
preclude the city from recognizing or enforcing the common ownership/lot of
record provisions of Ordinance No. 172, or any other similar prior ordinance.
b. The council has identified and establishes 69 record lots on Big Island,
Mahpiyata Island and Deering Island as listed by record lot number in the left-
hand column of subsections (4), (5), (6) and (7) of this section. Each such
record lot shall include all land identified by all tax parcel property
identification numbers (PIDs) grouped together following the record lot
number.
c. Within 60 days after January 13, 1983, the owner of each record lot shall
be notified in writing at his last recorded address of the classification of each
record lot, including all tax parcels determined to be included in such record
lot. All existing uses in the RS district are identified in the record lot
inventory, subsections ( 4), (5), (6) and (7) of this section, and all such uses
have been deemed to be seasonal in nature. The notice shall provide that in
order to receive the benefits of the automatic lot area variances granted by
subsections ( 6) and (8) of this section, the owner shall on a form provided by
the city acknowledge the record lot and shall apply for combination of all
separate tax parcels pursuant to subsection (2) of this section. Any record lot
owner may appeal the record lot classification or use determination to the
council with no application fee required within six months of the effective
date of this division. The record lot inventory shall be considered accurate and
final for all properties except those found on appeal to have a demonstrable
cause for change or adjustment.
d. Notice of record lot establishment shall be filed by the city in the chain of
title of each property.
( 6) Substandard buildable record lot inventory. The following record lots are
established, each of which is determined to have a dry-buildable lot area of less than
5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area
requirements of this section. However, based upon individual lot surveys and existing
lot development patterns, the record lots listed are granted lot area variances and are
recognized by the council as buildable lots. Each of the following record lots may be
used for one-family seasonal recreational use or for a single permitted seasonal
dwelling, which may be either the existing dwelling, a replacement dwelling, or if
vacant, a new dwelling, without further council action or review, subject to strict
compliance with all setback, hard cover, on-site sewage treatment and other
performance standards for development in the RS district, including tax parcel
combination pursuant to subsection (2) of this section.
List of Exhibits
A. Street Vacation Application
B. Lot Area Variance Application
C. AreaMap
D. Survey
E. Proposed Street Vacation
F. Topography (from City files)
G. City Engineer's Comments on vacation
H. Memorandum from Mike Gaffron regarding the vacation
FILE 09-3433
November 16, 2009
Page 3 of 4
I. Excerpt regarding Big Island from the latest draft of Part 3B (Land Use Plan) of the
2008-2030 Community Management Plan
J. Meeting Minutes from the vacation of Massasoit Avenue
Background
The required notification of Big Island property owners was done in 1983. However the lead
staff person left the city's employ that fall. In 1986 a second notification was done. George
Hanson, then the owner of the property, returned the lot area variance application and other
paperwork at that time. Earlier this year staff began to update the records of Big Island
properties. Unprocessed applications for the "automatic lot area variance" were found in the
files of about seven record lots. Staff had intended to bring all these applications for
simultaneous consideration. Since Mr. Hanson made application for the vacation it seemed
appropriate to also process the lot area variance. (The application predates the state statute
limiting the time allowed for consideration of a variance.)
Street Vacation
Proposed to be vacated is a 33 foot wide street right of way that extends about 200 feet into
Mr. Hanson's property. This right of way was dedicated by the plat of Morse Island Park,
which was recorded in 1887. It dead ends about 38 feet from the lake. Formerly it
connected to Massasoit A venue, which was vacated in 2002. All abutting property is owned
by Mr. Hanson. Because there is an overhead electrical line that serves both 340 and 350
within this right of way a utility easement will be maintained over a portion of the right of
way. The telephone company indicates it has nothing within the right of way.
Lot Area Variance
Reouired Actual
Lot Area 5 acres 1.12 acres
Lot Width 200 feet 120 feet
The ex1stmg cabin was constructed 1977 to replace a cabin that burned a short time
previously. It received a lakeshore setback variance. The septic system was replaced in
2007. If approved a new tax parcel combination request would be filed before the resolution
is recorded.
There is no explanation in the file as to why the application was not processed in 1986. Like
several others that were not processed, there was also an application for a conditional use
permit to allow the cabin to be used more than 180 days a year. That is no longer the
situation.
Issues for Consideration
The Commission should consider the issues discussed in the application, the memo from
Mike Gaffron and during the vacation of Massasoit A venue.
Are there any other issues or concerns with these applications?
Staff Recommendation
Planning Staff recommends:
FILE 09-3433
November 16, 2009
Page4 of4
A. If the Commission determines it to be appropriate, approval of the requested vacation
of Meta Comet Avenue subject to retention of a utility easement for the existing
electrical line.
B. Approval of the lot area variance subject to the tax parcels and vacated right(s) of
way being being combined into one tax parcel.
PC Exhibit A
Application# Dq · 31§?
Date Received \6 · 20 -0~
Amount Paid 100 .00
CITY OF ORONO
CONDITIONAL USE PERMIT and OTHER LAND USE APPLICATION
PROPERTY LOCATION
SiteAddress 340 Big Island
Type of Application to be Filed Vacation of Portion of street
Property Identification Number (P.I.D.) 2 3-117-23-3 2-0 0 0 3; 2 3-117-2 3-3 2-0 0 3 5;
23-117-23-32-0040
APPLICANT
Name Richard G. Hanson
Phone(home) (952) 474-7704 Phone(work) (612) 590-3018
Address 970 Iris Circle City Excelsior Zip 55331
OWNER (if different than applicant)
Name -------------------------Phone (home) ________ Phone (work) ________ _
Address City _______ Zip ___ _
Date Property Acquired (month/year)
I (do) (~~y{°also own the adjacent parcels of land.
FEES -CONDITIONAL USE PERMITS -
___ $700.00 Residential Accessory Use
___ $700 .00 Institutional (church , school, etc.)
___ $700.00 Guest House/Guest Apartments
___ $700 .00 Duplex
___ $700.00 Commercial/Industrial Use
___ $700.00 Land Alteration Permit
__ Grading and filling -designated wetland or floodplain =1--
--Grading and filling -501 cu . yd . or more
__ Grading , seawall , retaining walls within 75' of lakeshore
___ $350.00 Renewal Fee (IF no change from original application)
___ After-the-Fact Fee -Double Current Application Fee
OTHER APPLICATIONS
___ $700 .00 Commercial Site Plan Review , PLUS consultant fees
___ Commercial Site Plan Review Escrow , $10 ,000 minimum
----,,,,~ $200 .00 Easement Vacation , with Subdivision Application V: $700.00 Easement Vacation without Subdivision Application
___ $700 .00 Rezoning
___ $700 .00 Comprehensive Plan Amendment
___ $100.00 Appeals
___ $700.00 Zoning Code Amendment
___ RPUD / PUD / PRD / PID -see Fee Schedule
___ Other -see Fee Schedule
CUP and Other Land Use Applications
Last Updated: May 22 , 2009
343 3
plus $700 Escrow
RECEIVE D
OCT 2 0 2009
CITY OF ORONO
-c
REQUIRED SUBMITTAL$
1. _:!_ Completed Application Form.
2. _L_ Describe request in detail r (_~ee o.."'(o..ch.ecl]
3 . ____£__ Certified Property Owners List of owners within 350' of the subject property , labels and plat
map . List , labels and map may be obtained from Hennepin County Department of Finance ,
Government Center, A-603 300 South 6th Street, Minneapolis , t~boge 61 ~-348-?:§_10 ),.
✓ Certificate of Survey (signed by a licensed surveyor) -refer to handout for suryey information . f' cJ 4.
5.
6.
7.
~
9 .
_:L__ Attach legal description to application if not included on required survey . ._ q-. rovJ +ei ~e._ V A('F+r c>
---3L..._ Topograph ic survey (exist ing and proposed contours) if land alterations involve changes in
elevation (grades ).
List of the legal names (include marital status) of all persons with an interest in the property .
This would include name(s) of applicant(s) if not current owner(s).
Construction plan, if applicable (see staff for requirements).
As an addendum to this application , please attach a separate list of any other persons you wish
notified of this application .
YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR
REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require
scaled drawings of all documents , plans , etc . to be submitted .)
The Applicant and Property Owner must sign this application. Please remember that your application is not
complete if the above information has not been included .
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information requ ired or requested by the Zoning Administrator,
agrees to pay additional fees (staff time not covered by or iginal fee payment) and/or unusual expenses
incurred in review of this application , and certifies that the information supplied is true and correct to the best
of his/her knowledge .
Applicant's signature____.~~:,<-~---'---"'---------Date /!) -!'(a -Of
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto
the property by City staff, consultants , agents , commiss ion members , and Council members for purposes
of investigation and verification of this request.
Owner's signature_.....,....+=~~----------Date / () -I b -07
Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting .
Planning Commission Meetings are held on the third Monday of each month. Applicants must be present
at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to
attend a scheduled meeting , please make arrangements to have an authorized agent attend in your place
and advise the Building & Zoning Office of this change prior to the meeting .
CUP and Other Land Use Appl ications
Last Updated : May 22 , 2009
9 343 3
RECEIVE D
OCT 2 O 200 9
CITY OF ORONO
ADDENDUM TO APPLICATION FOR VACATION OF THE PORTION OF
META COMET A VENUE ON BIG ISLAND
Applicant is requesting approval of the vacation of the portion of a dedicated right of way
that is surrounded by his property on Big Island. The right of way currently provides interior
access and mobility to the three surrounding parcels. Each of these parcels is owned by the
Applicant.
The undeveloped nature of the road system on Big Island has made trespassing on private
property a concern. People on or coming to the Island are using the right of way to access the
lake. This particular right of way does not provide direct access to the lake and as a result, these
people are using Applicant's private property to access and use the lake. There have been many
instances when Applicant has found people or the remnants of them at the beach on his private
property. They often leave garbage and debris, including broken bottles, on the beach. This has
interfered with his enjoyment of his property, has created additional work for him in order to
keep the beach clean and has created dangerous conditions for his grandchildren who often play
on this beach. On numerous occasions during the summer trespassers on his private property
have engaged in noisy and boisterous conduct long after 10 p.m., which has disrupted the ability
of Applicant and his guests to enjoy the property. Due to the location of the property,
enforcement of various ordinances by either the Orono Police Department or the Water Patrol is
understandably ineffective.
In order to deter the use of this property and protect his private property, Applicant is
requesting the City of vacate the portion of the right of way which is surrounded by the three
parcels of property he owns on Big Island.
There is no direct lake access from any portion of the right of way that is intended to be
vacated. No direct, public access to any property on the Island would be eliminated by vacating
the proposed right of way. If this portion of the right of way would be vacated it would allow
combination of all four parcels into one.
By Resolution No. 4796 dated April 22, 2002, the City Council approved the vacation of
a portion of a dedicated right of way immediately adjacent to the proposed vacation. A copy of
this Resolution is attached for reference. All the same reasons the City relied upon for vacating
the dedicated right of way in Resolution No. 4796 apply to this request.
RECEIVED
OCT 2 O 2009
CITY OF ORONO
Ill II Ill 1111111111 II
Doc No A9340644
Certified filed and/or recorded on
3/30/09 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 52 Pkg ID 524434
Doc Name: Resolution
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
RECEIVED
OCT 2 0 2009
CITY OF ORONO
A RESOLUTION VACATING
A DEDICATED RIGHT OF WAY WITHIN THE
PLAT OF MORSE ISLAND PARK SECOND ADDITION
FILE NO. 02-2749
0
~ CITY of ORONO
~~ . ,..9 'j RESOLUTION OF THE CITY COUNCIL ~ 't)
< ~~~ 4196 . ~~:m~ NO. _____ _
~ Qwest, Xcel Energy, and Reliant Energy/Minnegasco have all responded and have
stated they did not have existing facilities within the easement area.
3. The future provisions for a public trail are not warranted in this case due to the
relatively low public use of the island. The Comprehensive Plan does not encourage
heavy use of the island due to erosion concerns and maintaining a natural appearance
of the properties.
4. _ The right of way provides interior access and mobility for the island properties. The
undeveloped nature of the road system has made private property trespassing a
concern. Many walking paths are not actually located within platted right of way.
5. There is no direct lake access for any portion of the road that is intended to be
vacated.
6. No direct, public access to any property on the island would be eliminated by
vacating the portion of right of way.
NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of right
of way as described in Exhibit A, as shown on the Certificate of Survey attached as Exhibit B, is
hereby granted by the Council of the City of Orono on this 22 nd day of April, 2002.
ATTEST:
'Lin'da S. Vee, City Clerk . Barbara A. Peter~on, Mayor
Page 2 of 5
OCT 2
CITY OF
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4f 96
A RESOLUTION VACATING
A DEDICATED RIGHT OF WAY WITHIN THE
PLAT OF MORSE ISLAND PARK SECOND ADDITION
FILE NO. 02-2749
WHEREAS, the City of o;o~o 'is a·riluni;ipal corp;rati~n org~zed and existing
under the laws of the State of Minnesota; and
WHEREAS, ThomasP.Egan, on behalfofthepropertyowners of340, ~50, 360and
3 70 Big Island, has applied for vacation of a dedicated right of way on property separating the above
mentioned properties; and
WHEREAS, the portion of the right of way to be vacated is legally described as
follows:
Attached hereto as "Exhibit A" (hereinafter "vacated right of way"); and
WHEREAS, after due published and posted notice, a public hearing was held by the
Orono Planning Commission on February 19, 2002 regarding said vacation and all interested persons
were given an opportunity to be heard; and
WHEREAS, on February 19, 2002 the Orono Planning Commission reviewed the
application and requested the Council and Park Commission review the said vacation; and
WHEREAS, on March 4, 2002 the Orono Parks, Open Space and Trails Commission
recommended approval of the vacation.
WHEREAS, the Orono Council finds the vacation as proposed is in keeping with
the public interest and in consideration of the following findings:
1. The City of Orono has received no objections to the vacation.
Page 1 of 5
0
CITY
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by
Barbara A Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City. n
I -' I I / / 1
//~~ r·. (j /1
Not¥J1'4blic ~-~~,;-$:'~~-~~~~~~~e1;1
STATE OF MINNESOTA / / JACKIE YOUNG
! I COUNTY OF HENNEPIN I ,' I NOTARYPUBLIC-MlNNESOTA 'J / i}y Commission Expires Jan. 31, 2005
The foregoing instrument was acknowledg~d ~efore me o~ -th~,., ,,r 3(170------~-day of~~:--'-'·
{Jor7 I , 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
RACHEL DODGE
. NOTARY PUBLIC· MINNEf'OTA
· ,} My Commission Expires Jan. 31, 2005
l
~~-.::::?x•:..P2~aa:;;~~~
L/?a_~~t /cJoCdc: ,S,~
Notary Public
Page 3 of 5
RECEIVED
OCT 2 O
CffYOF
Exhibit A
That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which
lies between the southeasterly extension of the southwesterly line of Lot 1, said addition, and the
southeasterly extension of the northeasterly line of said Lot 1.
That part of Massasoit A venue, as dedicated on the Morse Island Park Second Addition which
lies between the southeasterly extension of the southwesterly line of Lot 2, said addition, and the
southeasterly extension of the northeasterly line of said Lot 2.
That part of Massasoit A venue, as dedicated on the Morse Island Park Second Addition which
lies between t1_1e southeasterly extension of the southwesterly line of Lot 3, said addition, and the
southeasterly extension of the northeasterly line of said Lot 3.
Page 4 of 5
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RECEIVED
OCT 2 0 2009
CITY OF ORONO
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed Administrative Support
Assistant of the City of Orono, Minnesota, certifies that I compared the foregoing
resolution adopted at the meeting of the Orono City Council on April 22nd , 2002 with the
original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such Administrative Support Assistant and the
Corporate seal of the City this l3!!!__ day of "-()1 ah dt_.. , 2009.
\....
Lfl1&LW_J~
M~Fadness, Administrative Support Assistant
OCT 2 0
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The t1ndersigned, being duly qualified and appointed Administrative Support
Assistant of the City of Orono, Minnesota, ce1iifies that I compared the foregoing
resolution adopted at the meeting of the Orono City Council on April 22 nd , 2002 with the
original thereof on file in my office, and the same is a correct transcription thereof.
'1VITNESS my hand officially as such Administrative Support Assistant and the
Corporate seal of the City this !3 th day of y}/ ale UL. , 2009.
\._
½11~ _J-~~
MohicaFadness, Administrative Support Assistant
RECEIVED
OCT 2 0 2009
CITY OF ORON()
0
CITY of ORONO
Post Office Box 66 ° Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
473-7357
This notice is provided to the owner/taxpayer of record according to Ordinance #246,
Section 34.336. The following Record Lot classification will be considered accurate
and final unless you have some reason to dispute the facts used to make the classification.
Record Lot identification forms the basis for the granting of automatic lot area variances
that •'-'Grandfather" existing properties of less than 5 acres in a:rea.
RECORD LOT means all the contiguous or abutting land owned in common by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot" is commonly-own,ed land
that is contiguous except for being separated only by platted unopened _public right-of-way.
1
Record Lot #25
George V. Hanson
240 Chester St
St Paul, MN 55107
APPROXIMATE SIZE l • ~CRES & CLASSIFICATION:
(size is_ exi;:lusive of_ any we tlands)
OVER 10 ACRES, (may -be SUBDI VIDABLE)
--OVER 5 ACRES, but LESS THAN 10 ACRES
--(conforming but not SUBDIVIDABLE)
_x_sUBSTANDARD/BUILDABLE (less than 5 acres1
a new seasonal cabin may be built, or an
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks,
permits, etc., but without requiring further
City Council review)
UNBUILDABLE (means a vacant lot of less than
--1/2 acre; may be used for recreational purposes
without a cabin , but requires a Council approved
variance to be built on)
This RECORD LOT consists of ---3 tax parcel(s)
as follows:
23-117~23 32 0003
23-117-23 32 0035
23-117 23 32 0040
EXISTI NG USE CLASSIFICATION
RECREATIONAL USE ONLY (without a cabin)
---X-sEASONAL CABIN, used 180 da y s or less/year
(if your cabin is used more than 180 days/
year, please complete the YELLOW application)
Seasonal Cabi n plus a PRIVATE GUEST CABIN
Other CONDITIONAL USE
PLEASE VERIFY THE ACCURACY ·oF THE ABOVE INFORMATION. If there -ls an error or a change~----
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a formal written appeal before July 1, 1983, or the record lot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional information may be
requested to verify any challenge such as surveys, utility bills, copies of recorded
~£~kv~ ~ / ayer George V. Hanson
April 24, 1986
Date
228-1111 Office
474=6569 Home
Phone
MIN NETONKA BEI\Cll
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IIU NTINGTON
POINT
DEERING ISLAND
INSERT
M/\HPIY I\Tl\
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OFFICIAL RECORD LOT MAP
ORDINANCE NO. 246 -DECEMBER 30, 1982
RS SEASONAL RECREATIONI\L ZONING DISTRICT
NOT TO SCALE
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NORTH
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO 25
PURSUANT TO ORDINANCE NO. 246,
MUNICIPAL ZONING CODE SECTION 10.31
BE IT RESOLVED by the City Council of Orono, Hennepin County,
Minnesota:
FINDINGS
1. • That George v, Hanson is ~) the owner(s)/tax-
payer(s) of record of the following described property located within
the RS Seasonal Recreational Zoning District of the City:
For legal description, see Exhibit A.
2. That in adoption of Ordinance No. 246, the City Council reviewed
ownership, development and use patterns on the islands and has deter~
mined that all the above described property combined is and shall
hereinafter and henceforth be one "RECORD LOT" as defined in Section
10.31 of said ordinance.
3. That all the above described property when combined as one RECORD LOT
is still less than the minimum lot size required for new lots in the
RS District, but that this RECORD LOT is being used and/or may be used
in the future for any permitted use in the RS District without adverse
affect upon public health, safety, or welfare.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to
the above described RECORD LOT based on the above findings and subject to
the following conditions:
1. This RECORD LOT including all the above described property combined
shall henceforth be continued in common ownership by the same person
or persons even if recorded as separate lots or tax parcels, and it
shall not be subdivided, sold in parts, reduced in area or otherwise
separated without application for and approval of a subdivision by the
City. This condition shall not preclude future sale or transfer of
the complete "RECORD LOT" as a single unit.
2. Granting this variance means this RECORD LOT may be used for _one-
family seasonal recreational use without a structure: or a single new
seasonal dwelling may be built: or an existing seasonal dwelling may
be used, improved, added-onto or replaced: all without requiring
further City Council review of lot size, but subject to strict com-
pliance with all building permit, setback, hardcover, on-site sewage
treatment and other performance standards for development in the RS
District.
I
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO . _______ _
PAGE 2; RECORD LOT NO. 25 RESOLUTION NO. ----
3. Granting this variance shall not vest any rights in the property other
than as specifically provided in Ordinance No. 246, and shall not
pr e clude a future City Council from amending, modifying or otherwise
limiting development rights and/or performance standards in the RS
District.
4. The undersigned has read and understood the terms of this resolution
and on behalf of himself, his heirs, successors and assigns, agrees
that the above described property constitutes a single RECORD LOT;
agrees that the RECORD LOT use may be so limited by the City; and
agrees to the r e cording of this r e solution in the chain of title of
the property.
Adopted by the Orono City Council on the
19
ATTEST:
Dorothy M. Hallin, City Clerk
COUNTY OF
Mary C. Butler, Mayor
( 2 )
day of ____ ,
On this 2 4 day of Apr il , 1986 , before me, a Notary Public
within and for said County , persona 1 1 y appeared _________ _
George V . Hanson known to
me to be the person(s)
ment, and acknowledged
act and deed.
described in and who executed the foregoing instru-
that he (the~the same as his (their) free
.--;~;.;;~ .. ROBERT p SCH NOTARY PUBLIC ~,,.,.~~-------✓·-, -· ,. • ~~N --
-1-H ,.;;\ NOTARY PUBLIC. MlNNESotA ~t\v HENNEPIN COUNTY ~v My CommiPion E1pires Dec I. Ill?
MY COMMISSION EXPIRES
This document is being record e d for the benefit of the City of
Orono per Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
Ci t y of Orono
P.O. Box 66
Crystal Bay, MN 55323
473-7357
EXHIBIT A
Lot F, Morse Island Park; that part of Lot 7 Morse Island
Park lying south of the north 30 feet thereof; and that
part of Lot 3 Morse Island Park Second Addition and of
Lot G, Morse Island Park lying northeasterly of the north-
easterly line of the southwesterly 50 feet of Lot 3 and
same extended to Lake Minnetonka: all in Hennepin County,
Minnesota
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetonka
PLEASE COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in th~ attached postage-paid
envelope. Doing this will r~sult in combining your separate tax parcels into one parcel
for assessing purposes consistent with the current RS zoning.
TO: Vernon T. Hoppe
Finance Division Director
603 Administration Tower
Government Center
Minneapolis, Mn. 55487
DEAR SIR:
April 24 ,19 86
-----------(please date)
I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all
of which combined are identifed as Orono Record Lot No. 25 ):
23-117-23 32 00-03
23-117-23 32 0035
23-117-23 32 0040"
CITY NO. 38
FOR 19 TAX YEAR
(OFFICE USE ONLY)
HOR AGR EXMP. LAND
N. H.
BUILDING & ZONING -473-7357
.A C::C::f."C::C::INr.
•
Signature of Taxpayer (if different)
240 chester
St. Paul, MN 55107
Taxpayer's Mailing Address
COMBINED CURRENT VALUES
BUILDING MACHINE TOTAL FULL TOTAL
AND TRUE ASSESSED
ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
PC Exhibit C
BIG ISLAND
.. t NO>'\~
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Q.xoSS A '?\A.\\e.c\ nC\ht a~ w~
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FrAq m~½ () \--re. c:.crrd-(o\--
-ltc
WJ2lll/1 Right of Way
proposed to be vacated.
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LOT .. ~Uil
' .._ -EDGE OF WATER AS 1.0CAm> ON AUGUST 25, 2009
PC Exhibit D
20 10 10 20 40
SCALE IN FEET
NORTH
DESCRIPTION OF SUBJECT PROPERTY
PARCEL I: Lot F, MORSE ISLAND PARK, according to the recorded plat thc:rco~ Hennepin County,
Minnesota.
PARC EL 2: That part of Lot 71, MORSE ISLAND PARK, according to the =ordcd plat th0<0~ Hennepin
County, Minnesota, lying south of the north 30.00 feet thereo(
PARCEL 3: That part of Lot 3, MORSE ISLAND PARK 2ND ADDITTON aod Lot G, MORSE ISLAND
PARK., according to the recorded plats thereof, Hennepin County, Minnesota, lying northeasterly of the
northeasterly line of the southwesterly 50.00 feet of said Lot 3 and the same extended to Lake Minm:tonka.
PARCEi.. 4: That part of Massasoit Avenue, as dedicated on the MORSE ISLAND PARK SECOND
ADDIDON, which lies between the southeasterly extension of the southwesterly line of Lot 3, said addition.
and the so utheasterly extension of the nortbcastcrl.y line of said Lot 3.
This survey docs not purport to show any underground utilities. The existing utilities shown are shown in an
approximate way only. The cont..,ctor shall determine the exact location ofany and all existing utilities
before commencing work. The contractor shall be fully responsible for any and all dam.ages arising out of
his failure to exactly locate and protect all existing utility facilities.
Contact GOPHER STATE ONE CALL at 65 1-454-0002 for precise onsite location of utilities prior to any
excavation.
A title opinion wa.; not furnished to the surveyor.
A=s: Parcel 1-
Parcel 2-
Parcel 3 -
Parcel 4 -
Total
28,163 ±Sq.Ft
4,161 ±Sq.Ft
15,289 ±Sq.Ft
1 228 Sq . Ft (Vacated Massasoit Ave.)
48,841 ± Sq. Ft.-1.12±A=s
• Arca information denoted to ordinary high water line
Survey coordinate and bearing basis : Assumed
Bencb.marlc : Water elevation of Lake Minnetonka per Minnehaha Watershed District
Elevation -928.17 feet (August 24, 2008)
No modifications to this survey or sketch may be performed by any person other than the surveyor signing
this certification or persons under his direct supervision.
CPNL Denotes Survey Control Station
MH Denotes Septic Cover
SV Denotes Septic Vent
OHU Denotes Ovcmcad Utility Linc
PP Denotes Power Pole
POL De:aotes 1/2" by 14" Iron Pipe Set as ''Point-on-Linc"
• Deuotes Found Monument -As Denoted
O Denotes 1/2" by 14" Iron Pipe Set and Marlccd
by License No. 40344
l hc:rcby certify that this plan or specification wa.; prepared by me or under my
direct supervision and that I am a duly licensed land surveyor under the laws
of the State of Minnesota.
Dated this 28th day of August, 2009.
SATHRE-BERGQUIST, INC.
David B. Pemberton, Profession.al Land Surveyor
Minnesota License No. 40344
343 RECEIVED
OCT 2 O 2009
REVISIONS 'I
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GRG
DATE
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SCALE
AS SHOWN
JOB NO.
32815-001
FILE:
CERTIFICATE OF SURVEY.DWG
TOWNSHIP -RANGE -SECTION
117-23-23
HENNEPIN COUNTY
BOOK: 191 PAGE:7
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CPNL Denotes Survey Control Station
MH Denotes Septic Cover
SV Denotes Septic Vent
OHU Denotes Overhead Utility Line
PP Denotes Power Pole
POL Denotes 1/2" by 14n Iron Pipe Set as ''Point-on-Line"
e Denotes Found Monument-As Denoted
O Denotes l/211 by 14"Iron Pipe Set and Marked
by License No. 40344
---/,S\
' ..._ -EDGE OF WATER AS LOCA1ED ON AUGUST 26, 2009
PC Exhibit E
20 10 10 20 40
SCALE IN FEET
NORTH
DESCRIPTION OF SUBJECT PROPERTY
PARCEL 1: LotF, MORSE ISLAND PARK, according to the recorded plat thereof, Hennepin County,
Minnesota.
PARCEL 2: That part of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof, Hennepin
County, Minnesota, lying south of the north 30.00 feet thereof.
PARCEL 3: That part of Lot 3, MORSE ISLAND PARK 2ND ADDillON and Lot G, MORSE ISLAND
PARK, according to the recorded plats thereof, Hennepin County, Minnesota, lying northeasterly of the
northeasterly line of the southwesterly 50.00 feet of said Lot 3 and the same extended to Lake Minnetonka.
PARCEL 4: That part of Massasoit Avenue, as dedicated on the MORSE ISLAND PARK SECOND
ADDmON, which lies between the southeasterly extension of the southwesterly line of Lot 3, said addition,
and the southeasterly extension of the northeasterly line of said Lot 3.
PROPOSED VACA TED META COMET A VENUE DESCRIPTION
That part of Meta Comet Avenue, as dedicated on MORSE ISLAND PARK SECOND ADDmON,
according to the recorded plat thereof, Hennepin County, Minnesota, extending to the north line of Lot G,
MORSE ISLAND PARK, according to the recorded plat thereof, Hennepin County, Minnesota, which lies
southeasterly of the southwesterly exten'iion of that part of Lot 71, MORSE ISLAND PARK, according to
the recorded plat thereof, Hennepin County, Minnesota, lying south of the north 30.00 feet thereof.
Area: 6,658 Sq. Ft
This survey does not pw:port to show any underground utilities. The existing utilities shown are shown in an
approximate way only. The contractor shall determine the exact location of any and all existing utilities
before commencing work. The contractor shall be fully responsible for any and all damages arising out of
his failure to exactly locate and protect all existing utility facilities.
Contact GOPHER STATE ONE CALL at 651-454..0002 for precise onsite location of utilities prior to any
excavation.
A title opinion was not furnished to the surveyor.
Areas: Parcel 1-
Parcel 2-
Parcel 3 -
Parcel 4-
Total
28,163 ±Sq.Ft
4,161 ±Sq.Ft
15,289 ± Sq. Ft.
1,228 Sq. Ft. (Vacated Massasoit Ave.)
48,841 ±Sq.Ft.-l.12±Acres
• Area information denoted to ordinary high water line
Survey coordinate and bearing basis : Assumed
Benchmark: Water elevation of Lake Minnetonka per Minnehaha Watershed District.
Elevation = 928.17 feet (August 24, 2008)
No modifications to this survey or sketch may be performed by any person other than the surveyor signing
this certification or persons under his dil'ect supervision.
I hereby certify that this plan or specification was prepared by me or under my
direct supervision and that { am a duly licensed land surveyor under the laws
of the State of Minnesota.
Dated this 9th day of October, 2009.
RECEIVED
---------lO'-l+C-1-T 2 0 2009
David B. Pemberton, Professional Land Surveyor
Minnesota. License No. 40344
SATHRE-BERGQUIST, INC.
CITY OF ORON
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GRG
DATE
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SCALE
AS SHOWN
JOB NO.
32815-001-002
FILE:
STREET VACATION.DWG
TOWNSHIP• RANGE· SECTION
117-23-23
HENNEPIN COUNTY
BOOK:191 PAGE:7
\.. SHEET 1 OF 1 ~
X 930. 3
PC Exhibit F
: * 6~~1-1-i()js.e
,W:S30
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'"'-Row ottl-o.
~men~
A\Jt'l\0..e.....
PC Exhibit G 2335 Highway 36 W
St. Paul , MN 55113
Tel 651-636 -4600
Fax651-636-1311
www .bo nestroo .com
November 3, 2009
Ms. Melanie Curtis
-fteonestroo
Planning and Zoning Coordinator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: 340 Big Island
File No. 000139-09000-1
File No . 09-3433
Dea r Melanie:
We have reviewed the plans for the proposed vacation of Meta Comet Avenue adjacent to 340
Big Island. The plan is dated 8-27 -09. We have the following comments with regards to
engineering matters:
• Notify all private utility companies to determine if util ities such as electric, gas, cable, or
phone exist with the right-of-way.
• Verify that Massasoit Avenue has been vacated adjacent to Meta Comet Avenue . With
this adjacent right-of-way already vacated, the future use of Meta Comet Avenue as a
street or trail corridor is greatly diminished .
If you have any questions, please call me at (651) 604 -4894 or send an email to
darren.amundsen@bonestroo.com . ·
Yours very truly,
Darren Amundsen
Cc : Tom Kellogg
I MEMORANDUM
To:
From:
Date:
Subject:
Evelyn Turner
Mike Gaffron, Asst. City Admin. -Long Term Strategy 1111b
November 10 , 2009 ~~
340 Big Island -Request for Vacation of Portion of Metacomet A venue
PC Exhibit H
Our Comp Plan listing of lake access points for Big Island includes the south end of Metacomet
Avenue as "Access Point F". Similarly, it includes the most southerly point of Massasoit Avenue
(at the southerly comer of Lot 1, Morse Island Park Second Addition) as "Access Point G".
These were included on the list based on the Hennepin County plat maps showing that they both
ran to the shore of Lake Minnetonka. However, neither of them actually touched the shore in the
1887 plat of Morse Island Park no r in the 1922 plat of Morse Island Park Second Addition (see
attached plats), and based on recent surveys on file , they don 't reach the lakeshore today. The
stretch of Massasoit A venue road right-of-way between them was vacated in 2002 , partly
because that stretch didn 't touch the lake at any point, it didn 't provide access to the lake for
anyone, and parts of at least two cabins were within it.
The applicant has valid points. The right-of-way gives the public the ability to walk down
Metacomet Avenue to within 30-40 ' of the shore; and the public probably has no clue that they
are on private land when they walk to the shore. I assume there are also utilities in the right-of-
way , as well as portions of the septic system serving applicant's house. The neighboring cabin's
doorstep walks out onto his property , and the fact that that has become a weekly rental might be
fairly annoying compared to the probably relatively minimal use of that property in the past.
In 2002 the Planning Commission wanted to condition the vacation of the connecting road on
obtaining a strip to connect Metacomet to the shore , but the three benefiting owners didn't
control the land needed to do so.
A point can be made that the public and the other owners of land on the Island should be able to
continue their use of the Metacomet right-of-way , if for no other reason than to view the lake , to
picnic , etc. The opposite point can also be made , that such use is detrimental to the safety ,
security, and enjoyment of the abutting property owners in the neighborhood.
I think that , given the public discussion that resulted in 2002 (read the minutes in file #2749) this
should be an interesting application. I do not strictly oppose it, but approval will remove some
future options for interior access to the Island that would remain at least 'possible' if the
vacation is denied.
(BTW -3 names of roads in the plat of Morse Island Park are names of Wampanoag Indian
chiefs in the 1 ih century New England area: Massasoit, Metacomet, and Anawan)
t
!
I
/-·.,/ City Boundary = Private Individual or Organization Ownership
Big Island Veterans Camp
Hennepin Parks -Dr . Arthur Allen Wildlife Refuge
C Wetland
D Open Water
D Right-of-Way
Big Island
City of Orono
Minnesota
10.~00~~"'!iiiiiiii--~0~~~~~1000 Feet
MAP 3B-9
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PC Exhibit I
CMP Part 3B. Land Use Plan
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 remained in operation until shortly before its sale to the
City of Orono for parkland in 2006.
Hennepin (now Three Rivers} 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 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
City of Orono Community Management Plan 2008-2030 Page 3B-51
CMP Part 3B. Land Use Plan
accessory 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.
As a result of discussions with Hennepin Parks officials in the 1990's, the City
Council concluded that ultimate complete acquisition and ownership of Big Island
by Hennepin Parks is unlikely to occur in the foreseeable future. Three Rivers
Parks' current goals and policies do not include expansion of their existing Big
Island holdings. Further, the expansion of their holdings to incorporate adjacent
lands that are developed with seasonal cabins may lead to more active park uses.
While the current passive park use as a wildlife preserve requires virtually no City
services, expansion of the Park area to include lands which could be used for
active public recreation would result in the need for a more active management of
the Park, and the need for more public services which the City cannot provide.
For that reason, Orono's 2000-2020 CMP goals and policies for Big Island
reflected support for continuation of Three Rivers Parks' current level of
ownership and control of property on Big Island.
City acquisition of the Veterans Camp has preserved this unique site as public
natural open space for future generations, rather than allowing it to become
privately developed. The City continues to work toward refining a management
plan for the Park that will balance the needs and desires of the public for access
and use with the realities of extremely limited public services availability due to
the island nature of the property.
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
City of Orono Community Management Plan 2008-2030 Page 3B-52
CMP Part 3B. Land Use Pian
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.
In 1971 the City Council took action to prohibit motorized vehicle traffic on all
platted streets on Big Island. The reasons for this regulation included the lack of
ability of the City to provide adequate police to protect the public safety, the lack
of ability for Orono to maintain and and plow roads, and the lack of need of the
public to use motorized vehicles on the Island. Although signs prohibiting
vehicles on the Island were subsequently posted, the action to prohibit such
vehicles was never formally established via resolution and was never codified.
The ban has not been generally enforced. The need for controls on vehicular use
has become more apparent as Island properties re-develop.
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
City of Orono Community Management Plan 2008-2030 Page 3B-53
CMP Part 3B. Land Use Plan
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
7. Management of the Big Island Park property
Big Island Goals and Policies
Goals:
1. The City will encourage Three Rivers Park District to continue to
preserve the Dr. Arthur Allen Wildlife Refuge property on Big Island
as a wildlife sanctuary with virtually no facilities for public use or
access. Given its close proximity to Orono's Big Island Nature Park that
is similarly planned for preservation as a natural area, the Refuge
complements the City's park in that it constitutes nearby additional natural
wildlife habitat. In keeping with the wildlife sanctuary theme, the Park
District has no plans to provide public amenities or enhance accessibility
to the site. Orono will continue to support this policy.
2. Continue to allow seasonal recreational land uses and limited
residential uses on Big Island. The City has adopted ordinances which
allow continued individual private seasonal recreational use of the Island
while prohibiting excessive development. 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.
City of Orono Community Management Plan 2008-2030 Page 3B-54
CMP Part 3B. Land Use Plan
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. 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.
4. 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.
5. The existing balance between private and public ownership of
properties on Big Island will generally be maintained. The City will
not encourage condemnation or forced conversion of private residential
properties on Big Island to public land.
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.
City of Orono Community Management Plan 2008-2030 Page 3B-55
I ,,i;o r-4:---
1 60 ___ _
460
MEETING MINUTES
FROM THE VACATION OF
MASSASOIT A VENUE
PC Exhibit J
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2748 Richard and Nancy Marzan, Continued)
Marzan stated in his view the stairway and retaining wall have not been maintained well, and that he
would like to remove the excess debris away from the walls. Marzan indicated they would paint the
shed -re of an earth tone color to blend in better with the lakeshore.
Rahn noted e shed is not in anyone's line of sight.
Mabusth inquire hether the shed could be brought into conformance whi
Marzan indicated he wo really like to retain the shed and that he )YOUld be willing to paint it another
color if possible. Marzan s ed if it is not possible to keep the~' he will comply with whatever the
Planning Commission decides. /
Hawn stated it is her impression from e comments t the Planning Commission would like to see the
shed replaced with a lock box.
Smith, Rahn, and Fritzler stated in their vie shed should be reduced in size.
//
Kluth reiterated he would allow the smicture to rema · until such time as it needs to be replaced.
/
Mabusth noted no major stru~al repairs are allowed on n-conforming structures.
/
Mabusth moved, Haw,(seconded, to recommend approval o pplication #02-2748,
/
Richard A. and Nancy Marzan, 2795 Pheasant Road, granting a hardcover variance to allow
the existing st~ifway and 216 square foot deck to remain in the 0-'setback area, along with the
20 square fp6t shed being reconstructed into a lock box, with the un rstanding the shed shall be
painted;tfi earth tone color, and further subject to the Applicants bein laced on notice that the
declyif a non-conforming structure, and that if major repairs are necessa in the future, the deck
wjlfneed to be brought into conformance at that point. VOTE: Ayes 4, Nays 2.
Smith and Fritzler stated they would like the deck to be brought into conformance now.
(#11) #02-2749 THOMAS P. EGAN, 350, 360, AND 370 BIG ISLAND, VACATION,
10:29 p.m. -11:10 p.m.
Thomas Egan, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicant has requested that a portion of platted "Massasoit A venue" be vacated.
Massasoit A venue is an undeveloped right-of-way on Big Island originally dedicated on the plat of
Morse Island Park. The right-of-way has been used by Big Island residents and guests for interior
pedestrian access to parts of the lakeshore and, periodically, for vehicular traffic for transporting
materials for home construction and septic installation. The right-of-way is also used by utility
companies for electric and phone service to the Island properties.
PAGE 25
l\1INUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Weinberger indicated the City of Orono maintains public access to the Island for pedestrian and other
types of use. Weinberger stated the City does have a policy not to vacate any public accesses to the
lake.
Weinberger stated the portion of the right-of-way requested for vacation is not a right-of-way that
provides access to the public waters. The City of Orono has notified all public utilities of the vacation
request, and Reliant Energy/Minnegasco has responded that they have no facilities in the right-of-way.
Qwest did notify the City that they do have existing facilities within the right-of-way and stated they
respectfully decline the right-of-way vacation request.
Weinberger noted included with the Planning Commission packet is a letter from Rick Jorgenson with
Qwest stating that they respectfully decline the vacation request. Weinberger indicated he has spoken
with Mr. Jorgenson who indicated that Qwest would not be opposed to the vacation of the right-of-way
if it is determined that utility lines are located within the public land and adequate easements are put in
place for the utilities. Weinberger stated it is anticipated that location of the lines will be verified this
Thursday by Gopher One.
Weinberger stated the Public Works Director has reviewed this request, and has no objection to the
vacation of the right-of-way. Weinberger stated the City at this time has no intention to ever use that
portion of the right-of-way for any public purpose.
Weinberger stated the City likes to insure that access is maintained to each individual island over public
land. Weinberger stated public access remains open with the proposed vacation.
Egan presented pictures of the cabin, noting there are trees located on both sides of the cabin. Egan
stated he has a concern that the City may in the future request that the cabin be moved since it is located
within a right-of-way. Egan stated if something happened to the cabin, they would not be able to
rebuild since it is located within the setback and would need to be relocated. Egan stated he is
attempting to avoid any conflicts in the future, and that due to the trees in the area, the road is basically
unusable. Egan noted he has spoken with all the neighbors and he is unaware of any objections to the
vacation.
Smith questioned whether Qwest knows where their utility lines are located .
. Egan stated Qwest did supply a drawing showing that their lines are located down the road. Egan stated
he personally does not feel those are correct, noting there is a junction box that is approximately three
feet tall located in the area where the lines come from, which is different than what Qwest' s drawing
depicts. Egan noted the cabin was constructed sometime in the 1960s.
John Burch, 380 Big Island, indicated he owns the property to the left. Burch stated to his knowledge
the phone lines were put in about 15 years ago and come up to the individual cabins from poles that are
along Lakeview Avenue.
There were no further public comments relating to this application.
PAGE 26
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Gaffron inquired whether the residents were surprised after the survey was done in terms of the actual
location of the cabins in relation to lot lines.
Egan stated before he purchased the property, a survey had been completed which showed the property
as depicted on the new survey. Egan stated the surveyor is also the same on both surveys.
Hawn inquired whether there was further public comment regarding this application.
Egan stated Rick Hanson, 340 Big Island, had to leave the meeting, but requested that the vacation be
taken all the way to the edge of the road and up the adjacent road.
Hawn stated she has one reservation regarding this. Hawn stated there may come a time in the future
when some members of the general public would like to walk on Big Island, and if this easement is
vacated, they would no longer have that right. Hawn stated the Planning Commission should discuss
preserving the right of pedestrians to walk somewhere in this area.
Egan asked if public meant landowners in the area.
Hawn stated she means any person.
Egan stated the landowners in the area do not want members of the general public walking around Big
Island, noting some of the roads have been closed to prevent people from walking around their cabins in
the wintertime and summertime. Egan stated he is unsure what the intent of the platted roads were at
the time they were originally platted, but that the property owners would prefer that members of the
general public not walk through their properties on Big Island.
Hawn noted they are public roads, and if they are vacated, the general public would not be allowed to
access certain parts of Big Island.
Egan stated the public has not been able to use that road since approximately 1960, when the cabin was
originally built.
Hawn stated theoretically the public has the right to use that right-of-way. Hawn stated she would like
the Planning Commission to look at ways to preserve the public's right to walk in that area.
Egan stated there is a road located behind the cabin that touches every one of the lots, so there would
still be access available to the general public. Egan stated in his view those platted roads were not
designed to allow members of the general public access to every lot of the island but rather were
designed to allow the property owners the ability to travel around the island.
Hawn stated all public roads in Orono are open to the general public.
Egan stated since these are not developed roads and are difficult to recognize, he personally would not
be comfortable with the general public walking around Big Island.
PAGE 27
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Hawn stated at the current time they possibly are not easily recognizable by the general public, but the
question is whether they are taking away someone's right to have access to certain parts of the island in
the future.
Kluth commented if the right-of-way is vacated, it would no longer be public land.
Egan stated vacation of this right-of-way would not affect access to any of the individual lots.
Rahn stated the reality is that the Applicant's situation will probably not change whether the road is
vacated or not, but that the Planning Commission needs to look at whether they are denying access to
the general public if the vacation is approved.
Gaffron suggested in exchange for this vacation that the City request a strip ofland to the lake. Gaffron
noted the road corridor stops 20 feet from the lakeshore, and that this might be an ideal place to request
a dedication of land to the shoreline.
Egan stated he does not own that piece of land, and that is it his understanding that piece of land is tied
up in a lease.
Gaffron commented this area ofland might have been intended as a swimming beach at the time it was
platted.
Hawn reiterated that the Planning Commission has to insure that the general public has access to
Big Island.
Egan stated in his view there might be a problem with granting that piece of land to the shoreline, and
that the public can use Lakeview A venue. Egan stated he is unable to obtain a mortgage on this cabin
because it is located in the right-of-way, and that in his view it would not be a problem for the City to
vacate that right-of-way, noting that it is usable at this point for a road or a pedestrian trail. Egan stated
the road has not been utilized for a significant number of years.
Kluth recommended that this right-of-way not be vacated since they are unable to know what future use
this piece of land might be needed for and that the City needs to preserve the right to use that piece of
land.
Hawn stated she would be in favor of vacating the right-of-way if an alternative is provided.
Egan commented the general public can still access Lakeview, which is a used pathway and does
contain utility lines. Egan stated Lakeview also has vehicular traffic. Egan commented these are
seasonal cabins and that most of the platted roads on Big Island are unrecognizable by the general
public.
Hawn stated the Planning Commission needs to protect access on Big Island for use in the future.
Kluth agreed with Hawn.
PAGE 28
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Egan stated the current situation is the fact that the City through the years has allowed structures to be
built in the right-of-ways, which prevents him from being able to obtain a mortgage today.
Hawn stated she would like to see a pedestrian walkway somewhere in this area.
Mabusth suggested this application be tabled to allow the Park Commission time to review Big Island
for possible trail use.
Hawn agreed that the Park Commission should review this application.
Kluth commented that there is a value to this land that the City should recognize, and that it is the
Planning Commission's duty to make decisions based on what is good for the public.
Egan stated he understands that but does not feel vacation of this portion of right-of-way would affect
the general public.
Mabusth stated in her view perhaps this should become a policy of the City that the Park Commission
reviews any vacation of land to determine if there is some public purpose for the land.
Egan indicated he would not be in favor of this going to the Park Commission. Egan stated legally he
cannot get clean title until the right-of-way is vacated, and he would like to proceed forward to the
Council.
Hawn stated in her view it appears this application may be denied by the Planning Commission, and
inquired whether Egan would like to have his application tabled or proceed before the Council.
Egan stated he would like the Planning Commission to act on this application. Egan stated he is unsure
what benefit would be gained by sending this application to the Park Commission.
Hawn moved, Kluth seconded, to recommend denial of Application #02-2749, Thomas P. Egan,
350, 360, and 370 Big Island, vacation of a portion of platted "Massasoit A venue", without further
input from the Park Commission on possible trail use. VOTE: Ayes 5, Nays 1, Mabusth opposed.
Mabusth indicated she would prefer the City follow a procedure of having the Park Commission review
applications requesting vacation of public land. Mabusth recommended the Council send this
application to the Park Commission.
Kluth moved, Hawn seconded, to recommend that all vacations of platted public roads be sent to
the Park Commission for their review as well as the Planning Commission.
VOTE: Ayes 6, Nays 0.
PAGE 29
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 22, 2002
7:00 o'clock p.m.
(#02-2740 JEFFRY AND NANCY TWIDWELL, Continued)
Mr. S~ s. Twidwell, Applicant, had nothing to add to S
White moved, Nygard seconde approve an o t RESOLUTION NO. 4792, a Resolution
granting a hardcover v¢a ce in the 75-250' zone for nstruction of a new residence to replace
the existing resi~e€on the property located at 1865 Concor eet.
VOT~s-4';Nays 0.
/ ,/"
(#5) #02-2749 THOMAS P. EGAN, 350,360 AND 370 BIG ISLAND -VACATION OF RIGHT-
OF-WAY -RESOLUTION NO. 4796
Thomas Egan, Applicant, was present.
Weinberger stated the applicants have requested vacation of a portion of a platted right-of-way on the
south side of the Island, noting this item was reviewed by the Park Commission at their March 4 th
meeting. The Park Commission recommended approval of this particular vacation, with the Commission
finding that the development of public trails may result in over-use of Big Island, finding that there are
very few homes on the island, with the trails possibly causing overuse of Big Island and resulting in
security issues. Staff had noted there are limited police and fire services provided to the Island, with no
developed roads on the island. Weinberger stated trespassing is a problem on Big Island, which was
another reason for the vacation.
The Planning Commission at their March 19 th meeting had discussed the possible value of Massasoit
Avenue in the future. Weinberger noted the Applicant's cabin is completely within the right-of-way.
Weinberger stated due to the 75' lakeshore setback, a number of the cabins would need to be moved out
of the right-of-way should they ever be redeveloped.
Weinberger stated the City does have a policy that right-of-ways not be vacated if they provide access to
the lake, but noted there is no public access to the lake that is being eliminated by this vacation, with all
interior access also being maintained.
Weinberger noted the vacation also does not affect any public utilities.
Nygard inquired whether those lots are legal conforming lots without vacating and whether vacation of
the right-of-way would make them conforming.
Weinberger stated to his knowledge two of the lots have been granted variances to lot area, with the
minimum lot size on Big Island being five acres. Weinberger stated the City in the early 1980s had
chosen to make the lots record lots rather than rezoning. Weinberger stated a concern for rezoning this
area was due to the possible over-development of Big Island.
Gaffron stated this vacation would not significantly change the character of any lot in the area. Gaffron
stated Staff did review whether this access would eliminate any lake access, which this vacation does not.
PAGE3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 22, 2002
7:00 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Gaffron noted the Park Commission did not feel there was a need for a trail in this area. Gaffron stated
there really are no public destinations on Big Island, and construction of a trail raises issues dealing with
trespassing and police protection.
Nygard stated he would like to have one of the adjoining property owners trade some land in exchange for
the vacation.
Weinberger indicated the property owner did not express an interest in wanting to do that.
Gaffron stated the residents of Big Island have a concern about allowing unlimited access to the general
public on Big Island.
Nygard commented he is interested in protecting access on Big Island. Nygard stated he would be in
support of this application if one of the neighbors would be in favor of giving the City some land to allow
the right-of-way to be extended to the lake.
Flint indicated he typically does not vote in favor of vacations, but was satisfied following the review by
the Park Commission that a trail is not needed in this area. Flint inquired whether there is a bluff in this
area.
Gaffron stated access on the southwest side would be difficult due to the topography of the land, and on
the east side of the Island there is some potential for a vehicle to access the Island.
Egan indicated he does not have anything to add to Staffs report.
Flint indicated the comments by Nygard have caused him to rethink the way he feels regarding this
application, but noted that Staff feels there is access on the east side of the Island.
Gaffron stated Massasoit Avenue would need to be extended in order to provide access to the lake.
Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4796, a Resolution
vacating a dedicated right-of-way within the plat of Morse Island Park Second Addition.
Nygard reiterated that he would still like to have the property owner donate some land to the City
in exchange for the right-of-way.
Flint inquired what the City would gain by the property owner granting some land to the City.
Nygard stated it would insure access. Nygard stated if the right-of-way is extended to the lake, without
the additional land, there would not be any lakeshore for the property to the west.
White noted the rest of the road is undeveloped.
Gaffron stated the easterly lot is owned in common by another property owner who has indicated he is not
interested in donating land to the City in exchange for the vacation.
PAGE4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 22, 2002
7:00 o'clock p.m.
(#02-2749 Thomas Egan, Continued)
Gaffron inquired whether the City should request that an easement be granted by the property owner to
the other residents of the Island.
Nygard stated that would solve the situation.
Peterson commented she would be uncomfortable requesting an easement.
Egan stated to gain access to those properties you would use Lakeland Avenue. Egan stated they are not
asking to vacate any portions of Lakeland but are asking to vacate a portion of an interior roadway that is
not currently being used. Egan stated another access that is currently being used is Massasoit A venue.
Egan stated the vacation will not affect access to any of the interior properties but would help free up the
title to his property.
VOTE: Ayes 3, Nays 1, Nygard Opposed.
(#6) #02-2762 TIMOTHY AND MARY SWEEZO, 4480 WATERTOWN ROAD -VARIANCES-
~ION NO. 4791
Timothy an ary Sweezo, Applicants, were present.
Weinberger stated tli pplicants are requesting several variances that would all
existing house and cons tion of a new three-bedroom residence on the pro rty. The current house
was constructed in approxim ly 1900. The entire property consists of proximately four acres, with
two-thirds of the property consis · of wetlands. The property is lo ed in the RR-IA zoning district,
which has a minimum lot size of five res, a front setback of 10 eet, and a side setback of 50 feet.
Weinberger stated there are a number of acce
as a hobby farm.
Weinberger stated the applicants are proposi O a one story, ee-bedroom residence, two car attached
garage, which would be built partially w~ the front setback, feet where 100 feet is required. The
residence would also be located 42 f¢'from the side property line ere 50 feet are required. The
applicants are requesting a num~of the accessory buildings remain o he property during the
construction phase, which re51<t1fres a variance. ·
/
,,,,/
The Planning Cornmi.ss·i6~ recommended, on a vote of 4 to 3, approval of the applic on.
indicated the builsfifig site is limited due to the location of the accessory structures, the 1, and the
sewer. The ag1'}11Cants have indicated in their view this location is the best place for the new sidence,
with adequ;i..rf! screening in the front from Watertown Road. The Planning Commission also furt r found
the actuar'6uilding portion of this property is just under 1.5 acres. Weinberger noted that if this pr~perty
wer~)t5cated in a two acre zoning district, it would meet all the required setbacks.
/
,,/
PAGES
~ ORA
NEW BUSINESS
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 16, 2009
6:30 o'clock p.m.
C ounc il
Exh ibit E
4. #09-3433 RICHARD HANSON, 340 BIG ISLAND, VARIAN CE AND VACATION OF
RIGHT-OF-WAY, 7:35 P.M. -8:01 P.M.
Turner stated the applicant is requesting vacation of unimproved Meta Comet Avenue as well as a lot area
variance to clarify the status of the property.
The required notification of Big Island property owners was done in 1983. However, the lead staff person
left the City 's employ that fall. In 1986, a second notification was done. George Hanson , then the owner
of the property, returned the lot area variance application and other paperwork at that time. Earlier this
year, Staff began to update the records of Big Island properties. Unprocessed applications for the
"automatic lot area variance" were found in the files of about seven record lots . Staff had intended to
bring all these applications for simultaneous consideration. Since Mr. Hanson made application for the
vacation, it seemed appropriate to also process the lot area variance.
Proposed to be vacated is a 33-foot wide street right-of-way that extends about 200 feet into Mr. Hanson 's
property. This right-of-way was dedicated by the plat of Morse Island Park, which was recorded in 1887 .
It dead ends about 38 feet from the lake. Formerly it connected to Massasoit Avenue, which was vacated
in 2002. All abutting property is owned by Mr. Hanson. Since there is an overhead electrical line that
serves both 340 and 350 within this right-of-way, a utility easement will be maintained over a portion of
the right-of-way . The telephone company indicates it has nothing within the right-of-way.
The existing cabin was constructed in 1977 to replace a cabin that burned a short time previously. It
received a lakeshore setback variance. The septic system was replaced in 2007. If approved , a new tax
parcel combination request would be filed before the resolution is recorded .
Staff recommends the following:
1. If the Commission determines it to be appropriate, approval of the requested vacation of Meta
Comet Avenue subject to retention of a utility easement for the existing electrical line .
2. Approval of the lot area variance subject to the tax parcels and vacated right(s) of way being
combined into one tax parcel.
Schoenzeit asked whether the lots could be separated again and developed .
Turner stated they are considered to be one record lot and are supposed to be kept together. A condition
of the lot area variance requires that the lots be combined .
Rahn asked if it is private property between the end of the avenue and the lake.
-----------------Page 9
~ DR
Turner indicated it is.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 16, 2009
6:30 o'clock p.m. ~D
Jeff Lambert, Attorney -at-Law, noted that Mr . Hanson is presently recuperating from surgery and is
unable to attend tonight 's meeting. The reason for the vacation is for the same reason as was approved in
2002 . Mr. Hanson 's property totally surrounds the vacated portion of Meta Comet and ends
approximately 40 feet from the lake . Meta Comet does not lead to an y other property except Mr.
Hanson 's. Lambert noted that in 1986 , the applicant was George Hanson , who is the father of Richard
Hanson , and that they have always treated the parcels as one lot.
Kang noted one of the reasons for requesting the vacation is that Mr. Hanson is experiencing some people
parking on his property .
Lambert stated they do experience boaters coming to the island and partying on his property. One of the
concerns that Mr. Hanson has is the lack of enforcement at night.
Schoenzeit asked if the easement is unimproved.
Lambert stated it is unimpro ved except for the electrical line.
Chair Kang opened the public hearing at 7:45 p.m.
John Eiden, 330 Big Island , stated if Meta Comet is vacated , he would like to have his street vacated as
well since there is a historic building on the lot. Eiden indicated he is opposed to closing the street since
it is used by a number of the residents in order to access the lake . There are a number of people who do
party in this area and that it has been part of the culture of the neighborhood to go down to the beach. It is
currently not differentiated between what is public property and what is private property, which could
lead to liability issues for Mr. Hanson. Eiden stated even if the street is vacated , people wi ll still utilize
the road to access the beach.
Eiden pointed out on the overhead how the 36 feet could be flip-flopped , which would take it away from
Mr. Hanson's property, and that there are other options that could be pursued rather than vacating the
street.
Rahn asked where the beach is located.
Eiden pointed out the location of the beach on the overhead .
Rahn asked if that is private property since the road stops short of the lakeshore.
Curtis indicated the road does stop short of the lakeshore.
Chair Kang closed the public hearing at 7:48 p.m .
Kang stated she understands the concerns of Mr. Eiden but that the piece of property located beyond the
road is private property.
Eiden stated he would like to see the vacated road flip -flopped and commented that everybody believes it
is public land and will probably continue to use it for access to the lake .
_________________ Page
10
t
f
~ DR
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 16, 2009 ~ DR!
6:30 o'clock p.m.
Rahn stated it would be a different situation if the road did go down to the lake but the fact that it is
private property makes the request by the applicant a legitimate one.
Eiden stated there is a 1944 court decision regarding a vacation on St. Oliver's Bay where a homeowner
attempted to close off an access , but that he does not have the money to pursue this matter in court. Eiden
indicated he probably will continue to use that area for access even if the road is vacated.
Rice stated in her view it is private property and that the road leads no where except to Mr. Hanson's
property.
Kang indicated in her view the deciding factor is the fact that it is private property.
Kang moved, Rice seconded, to recommend approval of Application #09-3433, Richard Hanson,
340 Big Island, granting of a lot area variance and vacation of unimproved Meta Comet Avenue
subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0.
(Loren Schoenzeit recuzed himself from the following application)
5. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE ING,
V,.,.__._,...,---. CE, 8:02 P.M. -8:35 P.M.
Schoenzeit, Applicants, were present.
Curtis stated the app nt is requesting the following variances in orde o construct a new residence on
the property:
2.
3.
A lot area variance to allow redevelo
A side yard setback variance to allow a
setback is normally required;
a lot 0.34 acre in area where 1.0 acre is required;
t side setback on the south side where a 10-foot
4. A rear yard setback variance t llow an 8-foot rear set ck where a 30-foot setback is normally
required;
5. Hardcover variances allow 66.1 percent hardcover within the 2
percent is normal allowed and 62.8 percent currently exists.
The applicants' pro rty has a very challenging building envelope. The city sewer Ii crosses through
the property and e slope of the property offer very little flexibility. The applicants hav
subject prope for nearly 19 years. For the past 10 years , they have been researching and
new home o build on the property.
5, the applicants received approval for a lot line rearrangement in order to allow for a more
re sonable building envelope. That lot line rearrangement was not finalized. The applicants are now
------------------Page
11
RESPONSE TO REQUEST BY MUNICIPALITY
FOR
REVIEW OF VACATION
Requestor 6.vcL-Y/\J TvRtJE:.R.. Phone Cf52-249 -4"oo
City __ O_P-____ o N__.O......._ ____ _ Fax CJ 5 z.-24q -4 fo I &, __...;...... ________ _
Vacation No. 2.0 0Cf . 3 q 2. ·
Date of Request ll /1 42 J 0 9 (Request Attached)
Subdivision: MOf2.Se. lSLAJ-..JD f'A-1?--\l-Z"°" A DDt-J
Sec:~ Twp:~ Rge: ~ Qq: __ County: HcNtJE 'Pl t1
We have no objections to this vacation .. .. .. .. . .. . . . . .. . .. . . . . . . . . . .. . . .. . . . . D
We approve this vacation, subject to the following reservation, and . . .. .. [g]
Council
Exhibit F
Please have developer submit plans for review and approval by Xcel Energy prior
to issuance of city permits and/or construction, to ensure compliance with
National Electric Safety Code requirements.
WlTt-\ T\4E: U~PE:.P-STp...ND\NG "T\-\AT 64.SE:..fv\E 1,.Jf BE lce.TAL~ ED
OVE:R_ AL.-l-Tl-\A-f POf?._,lol-J OF HE-TA CO/v\ET A-\IENLlE. (vAc.ATED)
T\-\AT lt-JCLL.lDES XGE.L o\/E.R_HE:A.D FALlLlTIES (INC..LUD\t-J{:i
GUY WI Rl!S).
PLEASE PROVIDE A COPY OF THE RECORDED VACATION
DOCUMENT WHEREIN THE ABOVE DESCRIBED RIGHTS
ARE RETAINED (IF ANY).
Jean Borgen, Land Rights Agent
Xcel Energy
612 .330.5517
Date: _____ \..:..\ '--/ 2-_4_,__ _ _,_1 =20=0=-=9
09/23/04 kab \\FNPCPGO07\Home\BRGJ33\Jean\FORMS\VAC RESPONSE .doc
J56046
11/19/2009
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1111S PRINT REPRl!SENTS THE LOCATION OF GAS/Ell!CTRIC PACILmES All OP THE PRINTED
DATE TO THE eesr OP OUR KNOl!tEDCE. MS lllPDRIIA'IJOt{ IS IJITl!t{OED FOR CEN111!AL
USE ONLY AND ND1 TO DB USllll FOR EXCAVAT!ON PURPOSIIS. SIA'l'E I.Al' R£QUIR£S
ANYON8 DICGINC, CRADINC OR EXCAVAl'IIIG TO OBTAIN A FIBUl LOCATB OF AIL U?llll!ES.
FOR Al.I. PIELD LOCATES CW. 811
Scale : I· eque.ls 95'
Qwest Communications
2800 Wayzata Blvd Rm #300
Minneapolis, MN 55405
RECEIVED
NOV 1 3 2009
CITY OF ORONO
Qwest®
Evelyn Turner
City Planner
City of Orono
2750 Kelley Parkway
Orono, MN 55356
RE: Proposed Vacation of Meta Comet Avenue -340 Big Island
Evelyn Turner
This letter is in response to your letter received 11-5-09 which gave
notice of a hearing on the above referenced vacation. Qwest does not
object to the vacation at said address. There are no Qwest facilities
in the areas in question.
Qwest Senior Design Engineer
612-381-5568
Spirit of Service'"
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SCALE IN FEET
DESCRIPTION OF SUBJECT PROPERTY
NORTH
PARCEL l : Lot F, MORSE ISLAND PARK, according to the
recorded plat thereof, Hennepin County, Minnesota .
PARCEL 2: That part of Lot 71, MORSE ISLAND PARK,
according to the recorded plat thereof, Hennepin County, Minnesota,
lying south of the North 30 .00 feet thereof.
VACATED META COMET AVENUE DESCRIPTION
That part of Meta-Comet Avenue, as dedicated on MORSE ISLAND
PARK, according to the recorded plat thereof, Hennepin County,
Minnesota, which lies southeasterly of the southwesterly extension
of the south line of the North 30.00 feet of Lot 71, MORSE ISLAND
PARK, according to the recorded plat thereof, Hennepin County,
Minnesota . Meta-Comet Avenue is to extend to the north line of Lot
G, of said MORSE ISLAND PARK .
UTILITY EASEMENT DESCRIPTION
A utility easement over, under and across that part of vacated
Meta-Comet A venue , as dedicated on MORSE ISLAND PARK,
according to the recorded. plat thereof, Hennepin County,
Minnesota, which lies southeasterly of the southwesterly extension
of the south line of the North 30 .00 feet of Lot 71, MORSE
ISLAND PARK, according to the recorded plat thereof, Hennepin
County, Minnesota and northwesterly of a line 96.50 feet
southeasterly of and parallel with the south line of the North 30 .00
feet of Lot 71 and its southwesterly extension.
Area: 3,186 Sq . Ft.
I hereby certify that this plan or specification was prepared by me or under
my direct supervision and that I am a duly licensed land surveyor under the
laws of the State of Minnesota .
Dated this 23rd daY, of November, 2009.
David B. emberton, Professional Land Surveyor
Minnesota License No. 40344
Council
Exhibit G
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DATE
11-19-09
BOOK/PAGE
N/A
JOB NO.
32815-001-003
DWG. NAME
.,. EASEMENT EXHIBIT
#2549 Excerpt From Mike Gaffron's memo
Council
Exhibit H
220 Big Island -Dock Request
Page 3
to Planning Commission dated -l/12/2000
Ri~ht-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 A venue
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 A venue is reached;
plat maps unclear as to whether right-of-,vay 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.
Additional Information from Staff for #09-3433
January 11, 2010
Response to some of the questions raised at the 12/14/09 Council meeting
Council
Exhibit I
Why do some maps show Meta-Comet Avenue extending to the lake and some don't?
The larger scale maps the City uses are produced by the County Surveyor from plats and other
records. (The County Surveyor does not go out and survey the property. The maps contain the
disclaimer "This is not a legally recorded map. It represents a compilation of information and date
from City, County and State road authorities and other sources.") The City has several sets of these
maps of different ages. While the maps usually have no date, older versions do include the name of
the County Surveyor. Before 1987 the maps were hand drawn so it is easy to tell when an entire
map was redrawn. The oldest sets the City has have the County Surveyor as Howard Perkins. They
include a date -1949 -but that is probably when the map was first drafted. Mr. Perkins was County
Surveyor from 1947 to 1964. This map shows Meta-Cornet and Massasoit Avenues not extending to
the lake. This map ( with revisions) was still in use in 197 5 as the City has a copy of aerial
photographs with this map superimposed over it. Sometime before 1980 the entire map was
redrafted. This map indicates the County Surveyor was Alver Freedman. Mr. Freedman was
County Surveyor from 1974 to 1980. This map shows Massasoit and Meta-Cornet Avenues
extending to the lake. The next set was drawn using a computer program. The County website
indicates hand drawn maps were replaced with the computer drawn by 1986. This map shows
Massasoit and Meta-Cornet A venues extending to the lake. The map that is currently in use by City
Staff is updated version of this set. It is at least 10 years old. Within the past month the City has
purchased a new set of these maps. They show Meta-Cornet A venue not extending to the lake.
How can we know which is correct?
To make an authoritative determination requires a survey. In conjunction with the vacation of
Massasoit A venue a survey by David E. Crook was submitted. It shows that Massasoit and Meta-
Cornet A venues did not extend to the lake. In conjunction with this vacation Mr. Hanson submitted
a survey by David B. Pemberton that shows that Meta-Cornet A venue does not extend to the lake.
Was part of Meta-Comet A venue vacated in 2002?
No, the vacation ended at the westerly right of way line of Meta-Cornet Avenue. The confusion
might have resulted from the use in the staff reports of the county map (which showed Massasoit and
Meta-Cornet Avenues extending to the lake) and a copy of Mr. Crook's survey that Staff enhanced
in way that suggests that Meta-Cornet A venue did extend past Massasoit A venue to the lake. (All
the staff reports state that it did not.)
How did Lot G come to be divided among the property owners on the opposite side of
Massasoit Avenue?
The divisions are hand drawn on the City's copy of the county map that dates from the mid 1950's,
before the City was incorporated. Mr. Hanson's father purchased the property, including part of Lot
Gin 1960. He subsequently sold off what is now 350. While it is plausible that Lot G was intended
to be a private beach for lot owners, with Bay Place providing for public access, it is probably
impossible to know the subdivider' s intention. It would be up to the lot owners to investigate and
determine if they have any rights in Lot G.
How did Mr. Eiden's guest cabin come to be located in the right of way of Meta-Comet
Avenue?
It was constructed before there were effective zoning and building controls on Big Island. The
guest cabin can be seen on aerial photos from 1955. There are other buildings within City right of
ways. 360 and 370 Big Island were located in the section of Massasoit Avenue that was vacated
and 380 is within the right of way. One way to resolve the situation, if Mr. Hanson's request is
granted, would be to vacate he section Meta-Comet A venue on which the cabin stands
Shouldn't Mr. Hanson have to pay for the land the City is giving him?
This right of way was given to the public to use as a street by the owner of the land who subdivided
it into lots. A vacation is a determination that there is no longer a public need for the right of way.
The appropriate property owners can then claim title to the property.
Is there any justification to "trade" the portion of right of way to be vacated for an equally
sized strip situated along Mr. Hanson's west boundary?
If Meta-Comet A venue actually extended to the lakeshore and provided access, this might be
justified. There are precedents in Orono for lake access vacation approval offset by dedication or
deeding of an equal access nearby. However, since Meta-Comet Avenue doesn't provide access to
the shore the need for a tradeoff is questionable. Also, the cabin on the property to the west is very
close to the property line, with a portion of its chimney actually on Mr. Hanson's property.
December 15, 2009
Richard Hanson
970 Iris Circle
Excelsior, MN 55331
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
On October 20, 2009, the City of Orono received your application for a street vacation and
activated the lot area variance for property at 340 Big Island. Because Council wants additional
information regarding the vacation, the City hereby notifies you that it is extending the time
period for City action on the variance under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day
period would end on December 19, 2009. The time period is extended until February 17, 2010.
Sincerely,
City of Oron_9r
;
_./ ,::.----··(_/ _ _..,
EvelyryTurner
City Planner
cc Jeff Lambert, Attorney
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
CITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
952.249.4600
TO: Richard G. Hanson
970 Iris Circle
Excelsior, MN 55331
TYPE OF APPLICATION:
DATE OF MEETING:
ZONING FILE: 09-3433
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: December 15, 2009
COPIES: Jeffrey W. Lambert
Variance and Street Vacation
1000 Twelve Oaks Center
Drive #101
Wayzata, MN 55391
December 14, 2009 VOTE: 5 FOR 0 AGAINST
Motion: Items were tabled. Next Council Meeting is Monday, January 11, 2010.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Evelyn Turner at 952-249-4623.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2009
6:30 o'clock p .m .
(5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORE, NE
White comme edit is nice to see interest in improving the Navarre area.
Bremer moved, Mu y seconded, to send Application #09-3418, Den · Batty on behalf of Irfan
Habib, 3421 -3425 Shore· e Drive, back to the Planning Commiss· for their review and input.
VOTE: Ayes 5, Nays 0.
*6. #09 -3400 MITCH COOK BEHALF OF C TRAL BANK, 2405 AND 2415 KELLEY
PARKWAY-EXTENSION OF TIME AL PLAT-RESOLUTION NO . 5893
Murphy moved, McMillan seconded, to ado OLUTION NO. 5893, a Resolution Amending
Resolution Nos. 5704, 5747, and 5828, a Extending
Stonebay Commercial. VOTE: Ay , Nays 0.
*7. #09 -3432 CHRIS G .......... ~ ... iJI, GENERAL MANAGER O EHALF OF WAYZATA
COUNTRY CLUB, 200 AYZATA BOULEY ARD WEST-CONDI ONAL USE PERMIT
AMENDMENT FO.a.vn .11.r>..U TENANCE BUILDING AT 430 OLD LONG KE ROAD -
RESOLUTION . 5894
Murphy ved, McMillan seconded, to adopt RESOLUTION NO. 5894, a Resolutio Granting a
Condi · nal Use Permit for an Addition to the Maintenance Building. VOTE: Ayes 3, ys 0.
8. #09 -3433 RICHARD HANSON, 340 BIG ISLAl\"'D -VARIAN CE AND STREET
VACATION
Jeff Lambert, Attorney-at-Law , appeared on behalf of Mr. Hanson.
Turner noted this is a two-part application, with the applicant requesting vacation of a portion of
unimproved Meta-Comet Avenue and a lot area variance. The portion ofright-of-way Mr. Hanson
wishes vacated is surrounded by Mr. Hanson's property and does not extend to the lake.
At the public hearing, the owner of 330 Big Island objected to the vacation as it would close off access to
the "beach" at the lake at the lake end of Meta-Comet Avenue. It was also his understanding that the
right-of-way extended to the lake. In 2000 , the p laces on Big Island where rights of way extended to the
lake were inventoried as part of the review of a request by an inland property owner to place a dock at one
of them. At that time there were no surveys of 340 or 350 to show the location of Massasoit Avenue or
Meta-Comet Avenue in relation to the OHWL. On most maps, it appeared that they extended to the lake ,
but the inventory notes that 1887 and 1922 plats show a platted lot between the lake and Massasoit and
Meta-Comet Avenues. At its closest point Meta-Comet Avenue is 38 feet from the OHWL. The "beach"
is considered private property.
Mr. Hanson has also had the property surveyed to more precisely locate the power line . In addition , the
cabin on the adjoining property was also located . The location of the cabin matches a 1994 surve y of
Mr. Eiden 's property. There is approximately 12 feet of clearance between the westerly edge of the right-
of-way and the deck of the cabin .
Turner noted the lot area variance was applied for in 1986 by Mr. Hanson 's father. For some reason it
was never processed .
-----------------Page 6 of 17
t
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2009
6 :30 o'clock p.m.
(8. #09 -3433 RICHARD HANSON, 340 BIG ISLA ND, Continued)
The Planning Commission voted 5 -0 to recommend approval of both requests.
Jeff Lambert, Attorney-at-Law, stated the portion of Mr. Hanson 's property down by the lake requires
constant upkeep to remove debris. Essentially the vacation is for privacy and to help him monitor his
property. Lambert noted the property is basically a U-shaped lot.
Murphy asked whether this is considered one lot.
Turner indicated it is part of four platted lots , plus an already vacated right-of-way.
Murphy asked if the utility easement would be maintained.
Lambert stated they do not have a problem with granting the easement.
Emeric Dwyer, Attorney -at-Law, stated he represents a number oflandowners who are opposed to the
vacation . Dwyer noted he does personally utiliz e Lot 320 and also Meta-Comet A venue. Dwyer
indicated in his view the City is incorrect that Meta-Comet Avenue never ran down to the lakeshore. In
2002 , the maps show that it does goes down to the beach, and that at the same time the land was vacated
in 2002, someone closed off that area with a pen on the map. That has resulted in a strip of land that
connects both sections of the 304 property . Dwyer noted he has not had a chance to review the plats
displayed by Staff before tonight.
Dwyer pointed out Meta-Comet is the easiest portion of the island to reach and also allows the other
residents to use the beach. That area is the only feasible option to bring a boat onto the island. The other
alternative is to attempt to haul over an unimproved road vehicles and boats.
As it relates to liability and debris , Mr . Dwyer stated he can speak from personal experience that the other
property owners are not the ones that are creating that mess. The properties nearby are often rented out ,
which attracts paiiiers, but that the majority of the neighbors are a group of people who work hard to keep
the island clean and attractive.
Dwyer stated this is a well traveled access point, and in looking at the strip of land, which in his view is
public land, it should be referred to as a spike strip. Dwyer stated in practice and in pattern this land has
been used by others for the past 90 years. That small strip ofland, even if there was originally a line there
on the map , given the history of past use , there is now a prescriptive easement or other right-of-way that
is available to the other lot owners. Cutting off Meta-Comet Avenue will remove that access point for the
neighbors. Given the fact that there is no other viable access down to the lake, the residents would need
to go to the other side of the island, go up a hill , around a comer, back down a hill , and then to their
property . If this access is cut off, the neighbors would be forced to petition for a cart path or a right-of-
way, which could drag out for years.
Bremer asked for clarification of the 2002 vacation.
Dwyer pointed out there is a piece of property that reaches towards the shoreline and that there appears to
be a conscious decision by someone to cut off that portion ofland by drawing a line on the map . Dwyer
stated to his understanding no notice was given to the adjoining property owners of that.
-----------------Page 7 of 17
-
[
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2009
6:30 o'clock p.m.
(8. #09 -3433 RICHARD HANSON, 340 BIG ISLAND, Continued)
Bremer asked whether any cause of action has been brought by the adjoining property owners regarding
the prescriptive easement.
Dwyer stated he did not know that it was necessary since the neighbors always thought that was public
land .
Bremer asked what specific property owners Mr. Dwyer represents.
Dwyer indicated he is here on behalf of Mr. John Eiden, William Yaeger, and Samual and John Dean.
John Eiden stated in 2002 , the street was vacated and he was not notified of it. The minutes from 2002
reflect that there was a great deal of discussion on whether that street should be vacated. In 1887, Lot G
was not a buildable lot, was not a buildable lot in 2002 , and is not a buildable lot now. The lots do not go
down to the beach but go to the street. Over the years someone constructed four cabins on the street. The
street was vacated in 2002, and he was not notified of the vacation.
Eiden stated as he has reviewed the old surveys, it became obvious that the street is a beach road and that
the road goes down to the lake. He has resided here for the past 12 years. There is no fire or police
protection on the island . Eiden indicated he likes to visit his property in the winter and that he needs that
access point to get to his property. This area has been a beach since 18 77. Even more recent aerial
pictures depict Lot G.
Eiden commented he has cleaned up debris many times over the years and that Mr. Hanson is seldom on
his property. A mound system was also constructed very close to Meta-Comet Avenue, which will
become a ski jumper's paradise and raise potential liability issues . Eiden stated in his view it will be a
mistake to vacate this access.
Eiden pointed out he is a contiguous property owner but was not notified of the street vacation in 2002.
Murphy asked if the overhead is the true depiction of the properties. Murphy noted it does not show that
the road goes down to the lake.
Mattick stated what is before the City Council is vacating an easement and that the City Council does not
have the authority to reanange the property lines without an application by the property owner. The fact
that Lot G still exists on the map does not impact the vacation but what is important is whether there are
any recordable rights .
Eiden stated since 2002, he has called the City every few years to find out whether that is still an access
and has been told it is.
Mattick stated he is unsure exactly what happened in 2002, but that based on what he has seen, it was
vacated in 2002 .
Eiden stated Lot G was always considered a beach and an access point for the neighbors.
Mattick stated in order for it to be an access, it would have to be a city-owned access or an easement from
the property owner would have to be given to the other residents.
Page 8 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2009
6:30 o'clock p.m.
(8. #09-3433 RICH4RD HANSON, 340 BIG ISLAND, Continued)
Eiden stated if Mr. Hanson desire s a contiguous lot , then he would suggest the 33 feet be run next to his
property at 340 up to the street, which would give him a contiguous lot and still allow the access to
remam .
McMillan commented the beach is actually private property.
Murphy stated it was his understanding these are not two separate lots .
Mattick stated there is some question concerning that.
Turner pointed out Lot F and Lot 71 of Morris Island Park. Turner stated the one lot in Morris Island
Park and the one lot in Morris Island Park Second, along with the vacated portion, are considered one
record lot.
Murphy noted the City Council is being asked to vacate an easement tonight and not do a lot line
rearrangement.
Curtis pointed out that the beach has always been considered private property.
Gaffron noted the Planning Commission in 2002 suggested the property owners in the area acquire the
strip between the end of Meta-Comet A venue and the lakeshore . The piece that is missing is how the
property owners on the north side of the vacated street acquired rights to Lot G .
Gaffron stated he understands the concerns of the neighbors and concurred that there are limited access
points on the island. This access has historically been used as an access by the neighbors. One option is
the City could acquire a 40-foot strip ofland from the road to the lake and make it a formal access point.
Gaffron concurred that some of the properties on the east end of the island are difficult to access and that
the City does acknowledge that this property has been used in the past but that it may not be a legal access
since it is private property.
Bremer stated if the City Council does not approve the vacation tonight, the City is not creating a public
access over that piece of land .
Eiden stated in essence the City is giving Mr. Hanson 1200 square feet , and that for Mr. Hanson to get a
contiguous piece of property, the vacation could be done on the other side. Mr. Eiden stated in his view
that would be a solution.
Murphy stated in his view they are comparing apples and oranges by suggesting they relocate the access
over to the lot line , which has other implications . Murphy stated to his recollection there was a lot of
work that went into configuring the interior streets of Big Island and the access points for the interior
streets due to issues with the residents utilizing other people 's property to gain access from the lake . The
two primary access points that were agreed upon were on the west side access and the inside access.
McMillan stated to her understanding the beach was not vacated in 2002.
Turner displayed Lot G and Meta-Comet Avenue on the overhead.
Eiden stated in his view the intent was that access be at that point.
----------------Page 9 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2009
6:30 o'clock p.m.
(8 . #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued)
McMillan stated what has historicall y been used may not be what has been legally recorded .
Eiden commented he would like the City Council to take the neighbors' safety into consideration.
White stated he is not convinced that the neighbors have the right to cross that last piece ofland to access
the beach. White noted that Mr. Hanson owns th at piece ofland legally and that he would recommend
the neighbors work together to see if they can arrive at a solution. White stated in his mind there is not a
compelling reason for the neighbors to retain that access. White recommended the application be tabled
to the January lih City Council meeting.
Bremer moved, McMillan seconded, to table Application #09 -3433, Richard Hanson, 340 Big
Island, to the January 11, 2010 , City Council meeting. VOTE: Ayes 5, Nays 0.
#09 -3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING -
ANCE -RESOLUTION NO. 5895
Curtis stated tn applicants are requesting the following va1iances in order to construct a new. esidence on
the property:
1. A lot width va · nee for a l ot 56 feet in width at the OHWL and 45 feet in
2 .
3 .
A lot area variance to
A side yard setback varianc to allow a 9. 7 foot side setb
setback is normally required;
4. A rear yard setback variance to allo
required;
5. Hardcover variances to allow 66 .1 perc
percent is normally allowed and 62.
where 1.0 acre is required;
on the south side where a 10-foot
The applicants wish to utilize a geothe al heat p ump syste for their proposed home . They requested
an easement within the City right-of-ay in order to locate an nber of their geothermal wells. Staff has
considered the request, but witho a formal plan in place for the oject on Forest Lake Landing, Staff
was not comfortabl e giving up ea within the r ight-of-way. The ge hennal wells can be located in the
lake yard.
Staff has requ ested the pplicants grant an easement 10 feet wide , centered o the existing sanitary sewer
line which crossest applicants ' property .
ouncil.
The Plannin Commission voted 4 -1 to recommend approval of the variances as reques
s approval of the proposed variances per the Resolution attached to the Staff m
-----------------Page 10 o f 17
Date Application Received: 10/20/09
Date Application Complete: 10/20/09
60-Day Review Period Expiration: 12/19/09
REQUEST FOR COUNCIL ACTION
Date: December 14, 2009
ItemNo. fr
Department Approval:
Name: Evelyn Turner ~\
Title: City Planner
Agenda Section: Zoning Administrator's Report
Item Description:
#09-3433 Richard Hanson, 340 Big Island
-Street Vacation and Lot Area Variance -Resolutions
Zoning District: RS ( 5 acres)
Lot Area: 1.12 acres
Lot Width: 120 feet
List of Exhibits:
A. Resolution Vacating Meta-Comet A venue per Planning Commission recommendations
B. Resolution Granting Lot Area Variance per Planning Commission recommendations
C. PC Action Notice dated November 17, 2009
D. PC Memo & Exhibits ofNovember 16, 2009
E. Draft PC Minutes ofNovember 16, 2009
F. Comments on Vacation from Xcel Energy and Qwest Communications
G. Survey showing proposed utility easement
H. Access Site Inventory
Application Summary: Mr. Hanson requests vacation of a portion of unimproved Meta-Comet
A venue and a lot area variance.
Background
The portion ofright of way Mr. Hanson wishes vacated is surrounded by Mr. Hanson's property and
does not extend to the lake.
At the public hearing John Eiden, the owner of 330 Big Island, objected to the vacation as it would
close off access to the "beach" at the lake end of Meta-Comet A venue. He also indicated he had been
told the right of way extended to the lake. In 2000 the places on Big Island where rights of way
extended to the lake were inventoried as part of the review of a request by an inland property owner to
place a dock at one of them. At that time there were no surveys of 340 or 3 50 to show the location of
the Massasoit Avenue or Meta-Comet Avenue in relation to the OHW. On most maps it appeared that
they extended to the lake, but the inventory notes that 1887 and 1922 plats show a platted lot between
the lake and Massasoit and Meta-Comet Avenues. (See Exhibit H.) Mr. Hanson's survey, the survey
submitted in conjunction with the vacation of Massasoit Avenue, and the County Surveyor's maps all
show this lot. At its closest point Meta-Comet Avenue is 38 feet from the OHW. The "beach" is
private property.
#09-3433
December 14, 2009
Page 2 of2
Mr. Eiden also spoke of his guest cabin that is within the right of way north of the section proposed to
be vacated. When Mr. Hanson's surveyor revisited the property to more precisely locate the power
line he also located Mr. Eiden' s cabin. It is shown on Exhibit G. The location matches a 1994 survey
of Mr. Eiden's property. There is approximately 12 feet of clearance between the westerly edge of the
right of way and the deck of the cabin.
The lot area variance was applied for in 1986 by Mr. Hanson's father. For some reason it (and several
others on Big Island) was never processed.
Planning Commission Recommendation
On November 16, 2009, Planning Commission voted 5 to Oto recommend approval of both requests.
Planning Staff Recommendation
A. Approval of the street vacation per the attached resolution.
B. Approval of the lot width variance per the attached resolution.
COUNCIL ACTION REQUESTED
Adopt or amend the attached Resolutions.
Evelyn M. Turner
From: Evelyn M. Turner
Sent:
To:
Tuesday, November 17, 2009 12:45 PM
'Dave Pemberton'
Subject: RE : Easement Description
Dave:
The description should be only the northwest portion of the right of way to be vacated extending to about 10 feet
southeast of the service drop to the cabin to the southwest. We don't want a public easement for the portion of this
service drop that on Mr. Hanson 's property. Xcel hasn't responded to my letter asking if they have anything else in the
area of the proposed vacation. Seeing how close they have the mainline to the edge of the right of way, 10 feet ought
to be plenty of room for them to service the line .
Evelyn Turner
City Planner
City of Orono
952-249-4623
952-249-4616 (fax)
From: Dave Pemberton [mailto:pemberton@sathre.com]
Sent: Tuesday, November 17, 2009 11:06 AM
To: Evelyn M. Turner
Subject: Easement Description
Evelyn
I am working with George Hanan on his property on Big Island . I have some questions regarding the utility easement. I
am assuming it is for the overhead power line. The question is. How wide of an easement does the city want? And do
they want the easement to end at the powerpole on Mr. Hanson property or do they want the easement to extend to the
houses?
Please let me know as soon as you can .
Thank you .
David B. Pemberton
Professional Land Surveyor
Minnesota, Iowa, North & South Dakota, Wisconsin
Sathre-Bergquist, Inc.
Civil Engineers, Land Surveyors, Planners & Designers
150 S. Broadway
Wayzata, Mn 55391
www.sathre.com
0 -952-476-6000
F -952-476-0104
C-612-597-0453
1
t
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copyright protected. The recipient agrees, by his receipt of electronic information, to not alter the electronic data. The
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2
Evelyn M. Turner
From:
Sent:
To:
Subject:
Evelyn M. Turner
Tuesday, November 17, 2009 9:53 AM
Soren Mattick
Vacation Question
Vacation of a street right of way that is.
Soren:
If Council decides to vacate Meta Cornet Avenue there needs to be a utility easement
retained over a portion of the right of way. How do you prefer this is done:
Within the resolution by stating that the right of way [legal description of right of way to be
vacated] is vacated retaining a utility easement over [legal description of easement]
or
By the presumed owner of the right of way granting the City a utility easement by a
separate document.
Thanks
Evelyn
1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday , November 1 , 2009
6 :30 o'clock p.m.
MICHAEL AND MARILYN HUTHWAITE, 3382 BAYSIDE ROAD, CONT
e is flexible on the materials and that he would like safe access to t
Rahn stated there are mate · ls that allow a lot of water to pass through a
allow a lot of water to pass thr h.
Huthwaite stated he would like to utili low the water to pass through as much as
possible.
The City 's wetland consultant has
Schoenzeit moved, Rice seco ed, to recommend approval of Ap · cation #09-3428, Michael and
Marilyn Huthwaite, 3382 ayside Road, granting of a lot area varian
variance as reflected o the revised plans, a street setback variance, bar ver variances, and
approval of the co 1tional use permit, subject to Staff's recommendations, a subject to the foot
bridge being co tructed of appropriate architectural materials that will allow a
surface. V E: Ayes 5, Nays 0.
4. #09-3433 RICHARD HANSON, 340 BIG ISLAND, V..ARIANCE M1D VA CAT.ION OF
RIGHT-OF-WAY, 7:35 P.M. -8:01 P.M.
Turner stated the applicant is requesting vacation of unimproved Meta Comet A venue as well as a lot area
variance to clarify the status of the property.
The required notification of Big Island property owners was done in 1983 . However, the lead staff person
left the City's employ that fall. In 1986 , a second notification was done. George Hanson, then the owner
of the property, returned the lot area variance application and other paperwork at that time. Earlier this
year, Staff began to update the records of Big Island properties . Unprocessed applications for the
"automatic lot area variance" were found in the files of about seven record lots . Staff had intended to
bring all these applications for simultaneous consideration . Since Mr. Hanson made application for the
vacation, it seemed appropriate to also process the lot area variance.
Proposed to be vacated is a 33 -foot wide street right -of-way that extends about 200 feet into Mr. Hanson 's
property. This right-of-way was dedicated by the plat of Morse Island Park, which was recorded in 1887.
It dead ends about 38 feet from the lake. Formerly it connected to Massasoit Avenue , which was vacated
in 2002 . All abutting property is owned by Mr. Hanson . Since there is an overhead electrical line that
serves both 340 and 350 within this right-of-way, a utility easement will be maintained over a portion of
the right-of-way . The telephone company indicates it has nothing within the right-of-way .
------------------Page 9
!'.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 16, 2009
6:30 o'clock p.m.
(#09-3433 RICHARD HANSON, 340 BIG ISLAND , CONTINUED)
The existing cabin was constructed in 1977 to replace a cabin that burned a short time previously. It
received a lakeshore setback variance. The septic system was replaced in 2007 . If approved, a new tax
parcel combination request would be filed before the resolution is recorded.
Staff recommends the following:
1. If the Commission detennines it to be appropriate , approval of the requested vacation of Meta
Comet Avenue subject to retention of a utility easement for the existing electrical line.
2. Approval of the lot area variance subject to the tax parcels and vacated right(s) of way being
combined into one tax parcel.
Schoenzeit asked whether the lots could be separated again and developed.
Turner stated they are considered to be one record lot and are supposed to be kept together. A condition
of the lot area variance requires that the lots be combined.
Rahn asked if it is private property between the end of the avenue and the lake.
Turner indicated it is.
Jeff Lambert, Attorney-at-Law, noted that Mr. Hanson is presently recuperating from surgery and is
unable to attend tonight's meeting. The reason for the vacation is for the same reason as for the vacation
of Massasant Avenue that was approved in 2002. Mr. Hanson 's property totally sunounds the vacated
portion of Meta Comet and ends approximately 40 feet from the lake. Meta Comet does not lead to any
other property except Mr. Hanson 's. Lambert noted that in 1986, the applicant was George Hanson, who
is the father of Richard Hanson, and that they have always treated the parcels as one lot.
Kang noted one of the reasons for requesting the vacation is that Mr. Hanson is experiencing some people
parking on his property.
Lambert stated they do experience boaters corning to the island and partying on his property. One of the
concerns that Mr. Hanson has is the lack of enforcement on the island.
Schoenzeit asked if the easement is unimproved.
Lambert stated it is unimproved except for the electrical line.
Chair Kang opened the public hearing at 7:45 p.m.
John Eiden, 330 Big Island, stated if Meta Comet is vacated, he would like to have his street vacated as
well since there is a historic building (his guest cottage) on the right-of-way. Eiden indicated he is
opposed to closing the street since it is used by a number of the residents in order to access the lake.
There are a number of people who do party in this area and that it has been part of the culture of the
neighborhood to go down to the beach. It is currently not differentiated between what is public property
__________________ Page
10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 16, 2009
6:30 o'clock p.m.
(#09-3433 RICHARD HANSON, 340 BIG ISLAND , CONTINUED)
and what is private property, which could lead to liability issues for Mr. Hanson. Eiden stated even if the
street is vacated , people will still utilize the road to access the beach .
Eiden pointed out on the overhead how the 36 feet could be flip -flopped, which would take it away from
Mr. Hanson 's property, and that there are other options that could be pursued rather than vacating the
street.
Rahn asked where the beach is located.
Eiden pointed out the location of the beach on the overhead .
Rahn asked if that is private property since the road stops short of the lakeshore.
Curtis indicated the road does stop short of the lakeshore.
Chair Kang closed the public hearing at 7:48 p.m .
Kang stated she understands the concerns of Mr. Eiden but that the piece of property located beyond the
road is private property.
Eiden stated he would like to see the vacated road flip-flopped and commented that everybody believes it
is public land and will probably continue to use it for access to the lake .
Rahn stated it would be a different situation if the road did go down to the lake but the fact that it is
private property makes the request by the applicant a legitimate one .
Eiden stated there is a 1944 court decision regarding a vacation on St. Oliver's Bay where a homeowner
attempted to close off an access, but that he does not have the money to pursue this matter in court . Eiden
indicated he probably will continue to use that area for access even if the road is vacated.
Rice stated in her view it is private property and that the road leads no where except to Mr. Hanson 's
property .
Kang indicated in her view the deciding factor is the fact that it is private property.
Kang moved, Rice seconded, to recommend approval of Application #09-3433, Richard Hanson,
340 Big Island, granting of a lot area variance and vacation of unimproved Meta Comet Avenue
subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0.
(Loren Schoenzeit recuzed himself from the following application)
choenzeit, Applican
_...,,__ ______ Page _
11
Hennepin County Property Map Print Page 1 of 1
Hennepin County Property Map -Tax Year: 2009
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
380 370
H Selected Parcel Data
Parcel ID:
Owner Name:
Parcel Address:
Property Type:
Homestead:
Area (sqft):
Area (acres):
A-T-B:
Market Total:
Tax Total:
LOT F
(3)
Date Printed: 3/20/2009 12:06:02 PM
Current Parcel Date: 3/4/2009
Sale Price:
Sale Date:
Sale Code:
http://gis.co .hennepin.mn. us/H CProperty Map/Locato:-.aspx?PID=23 1 17233 2000 3 3/20/2009
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Plymouth, Wayzata, Orono Sun-Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for~ successive
week(s); it was first published on Thurs-
day, the day of November
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
________ , 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopqrstuvwxyz
Subscribed and sworn to or affirmed
before me on this ~ day of
November , 2009.
City of Orono
(Official Publication)
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
bl..QilQ1;_
The Planning Commission will hold public hearings in the
Orono Council Chambers at 2780 Kelley Parkway on
Monday, November 16, 2009, beginning at 6:30 p.m. on
the matter of reviewing the following land use applications:
09-3433 Richard Hanson, 340 Big Island, RS zoning
district, requests vacation of a portion of Meta Comet Av-
enue as well as a record lot area variance to confirm the
use of permitted uses for the property. (See map on re-
verse side.)
All persons wishing to be heard are encouraged to attend
this meeting. This is not a final agenda and is subject to
change prior to the hearing. Written comments are ac-
cepted and should be submitted to the City of Orono by
November 10, 2009 if possible. Interested persons may
review the application at City offices. For an appoint-
ment, please call (952) 249-4620.
City of Orono
By: Planning Commission
Evelyn Turner, City Planner
Published in the Sun Sailor on November 5 and 12, 2009.
(Nov. 12, 2009)a2-Big Island Vac-CM
&°7d &/11-. -I Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1--31-14
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OFHENNEPIN ) ss .
)
CITY OF ORONO )
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #09-3433, was mailed to
the attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 6th day of
November, 2009.
Ll&viAL&~
Monica Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay , MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, November 16, 2009, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
09-3418 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Shoreline Drive, B-1
zon ing district , requests commercial site plan approval to enlarge the existing commercial
building with additions to each end . The proposal includes structural coverage , hardcover,
parking lot setback and building setback variances as well as a variance to the number of
required parking spaces .
09-3428 Michael & Marilyn Huthwaite , 3382 Bayside Road , LR-1A zoning district, request the
following variances in order to build a new single family residence on the property: lot area ,
lot width, 75 ' creek setback, hardcover variance to allow 11.2% hardcover within the 0-75 '
zone where 11.4% hardcover currently exists and 0% is allowed and to allow 33 .6%
hardcover within the 75'-250' zone where 11 .1 % exists and 25% is normally allowed , and a
conditional use permit for grading within 75 ' of the creek in order to stabilize the creek bank .
09-3433 Richard Hanson , 340 Big Island, RS zoning district, requests vacation of a portion of Meta
Comet Avenue as well as a record lot area variance to confirm the use of permitted uses for
the property.
09-3435 Loren & Stacey Schoenzeit, 4480 Forest Lake Landing , LR-1 B zoning district, request the
following variances in order to build a new single family residence on the property: lot area
and lot width variances to rebuild on a lot 14 ,586 s .f . in area and 57' in width at the OHWL
and 46 ' in width at the 75 ' setback; a hardcover variance within the 250 '-500 ' zone to allow
62.5% where 30% is normally allowed and 62 .9% currently exists; street and side yard
setback variances are also requested as part of this appl ication .
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and
is subject to change prior to the hearing . Written comments are accepted and should be submitted to
the City of Orono by November 10, 2009 if possible . Interested persons may review the application at
City offices . For an appointment, please call (952) 249-4620.
City of Orono
By : Planning Commission
To be published in the Sun Sailor on November 5, 2009 .
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
RUN DATE: 10/8/2009
38 23-117-23 32 0003
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIRCLE
EXCELSIOR MN 55331
38 23-ll7-23 32 0037
GWENDOLYN S LARSON ETAL
370 BIG ISLAND
GWENDOLYN S LARSON
11431 CHISHOLM CIR NE
UNITB
BLAINE MN 55449
38 23-117-23 320046
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0049
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0060
T P EGAN & CA EGAN
360 BIG ISLAND
THOMAS P EGAN/CHERYL A EGAN
1408 HOLDRIDGE CIR
WAYZATAMN 55391
38 23-117-23 32 0066
JOHN ALLEN EIDEN
330 BIG ISLAND
JOHN ALLEN EIDEN
PO BOX24
330 BIG ISLAND
EXCELSIOR MN 55331
38 23-117-23 32 0075
ROBERT E & NANCY L GRANRUD
400 BIG ISLAND
ROBERT E & NANCY L GRANRUD
l 809 CAL VIN A VE
STPAULMN 55116
1 CERTIFY THAT THE FACTS REPRESE
AS IT APPEARS THJS DATE ON THE R: CO
HENNEPIN Cv\JNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
38 23-117-23 32 0027
C A HEIMERL & C S HEIMERL
300 BlG ISLAND
CRAJG A & CINDY S HEIMERL
100 MOUND A VE
EXCELSIOR MN 55331
38 23-117-23 32 0039
V C MCCLELLAN & C A H CLANCY
350 BIG ISLAND
VINCENT C MCCLELLAN
5673 BARLETT BLVD
MOUND MN 55364
38 23-117-23 32 0047
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-ll 7-23 32 0057
BONNIE S MENIGO/ET AL SBJ/LE
390 BIG ISLAND
SUSAN BAILEY
2700 HILLDALE A VEN E
ST ANTHONY MN 55418
38 23-117-23 32 0061
BARBARA D GORMAN TRUSTEE
320 BIG lSLAND
JOHNS DEAN
837N 63RD ST
WAUWATOSA Wl 53213
38 23-117-23 32 0073
W J & L R YAEGER
310BIG1SLAND
WlLLIAM J & LA WAYNER YAEGER
15694 SUSSEX DR
MlNNETONKA MN 55345
38 23-117-23 32 0035
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIR
EXCELSIORMN 55331
38 23-117-23 32 0040
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIR
EXCELSIORMN 55331
38 23-117-23 32 0048
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0058
KA THERINE SCRIVER ET AL
380 BIG ISLAND
JEANNETTE S BURCH
BOX 1
CANNON FALLS MN 55009
38 23-117-23 32 0063
MB FRUEN & RH FRUEN
420 BIG ISLAND
GREGORY B OCONNOR
1549 LIVINGSTON AVE #104
WESTSTPAULMN 55118
38 23-117-23 32 0074
GREGORY B O'CONNER ETAL
410 BIG ISLAND
GREGORY~ O'CONNER
1549LIVINGSTONAVE #104
WEST ST PAUL MN 55118
PAGE: 1
DATE: il[:T Q 8 /flfj[ s(---,,!'----...µi'll"--""'----"1!41....4'=--,.:.=---1-=-L-
RECEIVED
OCT 2 O 2009
CITY OF ORONO
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
CO UNTY OF HENNEPIN )
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an oath , stat es o r affirm s th at he is t he Chi ef
Fin a ncial Offi cer of th e ne ws pape r(s ) kno w n
as
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a nd has full kno w ledge of the fac t s stat ed
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the requi re ment s co nst it uti ng qu alifi ca -
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ed by Minn . St at. §33 1A.02, §331A.07,
and ot he r ap pl ica bl e laws as ame nd ed .
(8 ) Th e print ed p ubli c noti ce t hat is att ac hed
was pu b li shed in sa id news p a p er(s)
o nce eac h week, fo r ~ success ive
week(s); it was fi rs t publi shed on Thurs-
day, th e _5_ day of No vemb er
2 0 09, a nd was th ereaft er p rint ed and
pu bli shed on eve ry Thursday to and in-
c lud i ng Thurs d ay , th e ____ day of
________ , 2009; a nd pr int ed
be low is a copy of t he lowe r case a lpha-
be t f ro m A to Z , bot h inc lu sive, w hi ch is
here by acknow ledged as be in g th e s ize
a nd k in d of t ype use d in the co mp os it io n
a nd publ ication of t he noti ce:
abcdefghijklmnopqrstu vwxyz
~~~
C FO
S ub sc rib ed and sworn to o r affi rmed
b efo re me o n thi s _5_ day of
Nove mbe r , 2009.
Attt@--
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1-31-14
City of Orono
(Official Pub lication)
NOTICE
The Planning Commiss ion wi ll hold public hearings in the
Orono Council Chambers at 2780 Ke ll ey Parkway on
Monday, N ovember 16 , 2009, b eginning at 6:30 p .m . on
the matter of reviewing the fo llowing land use applications:
09-3418 Dennis Ba tt y on behalf of Brook Investment
Group LLC , 3421 to 3435 Shoreline Drive , B-1 zoning
district , requests co mme rcial site plan approval to en large
the existing commercial bui ldi ng with add itions to each
end. T he proposal inc ludes structu ral cove rage, hardcov-
er, pa rking lot setback and building setback variances as
well as a va ri ance to the number of required pa r king
spaces.
09-3428 Michael & Marilyn Huthwaite, 33 82 B ay s ide
Road , LR-1A zon ing district, request the following va ri-
ances in o rde r to build a new si ngle family residence on
the prope rty: lot area, lot width , 75' creek setback, hard-
cover var iance to allow 1 1.2% hardcover within the 0-75'
zone where 11.4% hardcover currently exists and 0% is
al lowed and to allow 33.6% ha rdcover with in the 75'-250'
zone where 11 .1 % exists and 25% is normally al lowed,
and a co nditional use permit for grading within 75' of the
creek in o rder to stabilize the creek bank .
09 -3433 Ric hard Hanson, 340 Big Is land , RS zo n ing
di strict, equests vacation of a portion of Meta Comet Av-
enue as well as a reco rd lot area variance to confirm the
use of pe r mitted uses for the property.
09-3435 Lo ren & Stacey Schoenzeit , 4480 Fore s t
Lake Landing , LR-1 B zoning district, req uest the fo llow-
ing variances in order to bu il d a new sing le family resi-
dence on the property: lot area a nd lot width variances to
rebuild on a lot 14,586 s.f. in area and 57' in width at the
OHWL and 46' in width at the 75' setback; a hardcover
variance within the 250'-500' zone to allow 62.5% where
30% is no rmally a llowed and 62.9% currently exists; street
and side yard setback variances are also requested as
part of this application.
All persons wishing to be heard are enco uraged to attend
this meeting . This is not a final agenda and is subject to ·
change prior to the hearing. Written comments are ac-
cepted and should be submitted to the City of Orono by
November 10, 2009 if possib le . Interested persons may
review the application at City offices. For an appoint-
ment, please call (95 2) 249-4620.
City of Orono
By: Planning Commission
Evelyn Turner, City Planner
Published in the Sun Sailor on November 5, 2009.
Posted at: Orono City Offices, Crystal Bay Post Office
Long Lake Post Office , Navarre Post Office
(Nov 5, 2009) a2 -hrgs 11-16-09-CM
CITY of ORONO
November 4, 2009
Rick Jorgensen
Qwest Communications
2800 Wayzata Boulevard Room 300
Minneapolis MN 55405
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
re: Proposed Vacation of Meta Comet A venue -340 Big Island
Dear Mr. Jorgensen:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono has been requested to vacate the unimproved street right of way of Meta
Comet Avenue on Big Island. No development is contemplated. The parcels on either side of the
street are owned by the same person. He feels he will be better able to discourage trespassing if
he also has control of the right of way.
Enclosed are a map and a survey identifying the proposed vacation. There are overhead utility
lines within this right of way that serve 340 and 350 Big Island so a utility easement will be
maintained over the northeasterly portion of the right of way. Please advise whether you have
any objections to the total vacation of the remainder of the right of way. This item will be on the
December 14 City Council agenda. Receipt of your comments before December 7 would be
appreciated so we may prepare resolution and allow council to take final action on that date if
they so choose. Please contact me at 952-249-4623 if you have any questions. Thank you for
your input.
encl.
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
CITY of ORONO
Kathleen Bloomquist
Xcel Energy
414 Nicollet Mall -GO-7
Minneapolis, MN 55401-1933
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
re: Proposed Vacation of Meta Comet A venue -340 Big Island
Dear Ms Bloomquist:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono has been requested to vacate the unimproved street right of way of Meta
Comet Avenue on Big Island. No development is contemplated. The parcels on either side of the
street are owned by the same person. He feels he will be better able to discourage trespassing if
he also has control of the right of way.
Enclosed are a map and a survey identifying the proposed vacation. There are overhead utility
lines within this right of way that serve 340 and 350 Big Island so a utility easement will be
maintained over the northeasterly portion of the right of way. Please advise whether you have
any objections to the total vacation of the remainder of the right of way. This item will be on the
December 14 City Council agenda. Receipt of your comments before December 7 would be
appreciated so we may prepare resolution and allow council to take final action on that date if
they so choose. Please contact me at 952-249-4623 if you have any questions. Thank you for
your input.
z:;ly L
Eve n Turner
c· y Planner
encl.
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
CITY of ORONO
P.O . BOX66
CRYSTAL BAY. MINNESOTA 55323
v \,1q
'f t C}J"" cf.~ SJ
\ 7 'l,._t '\'-()
AO \-'18 \t--~ QJ
'1 ~ \{\
Kathleen Bloomquist
Xcel Energy
.•• ·"---11 ~~ l\.ll<:111 -G0-7
RETURN TO SENDER
Please remove Addressee name
from mailing list as individual is
no longer wit h the company.
045JB3075404
~
.•: [ $0.44Q
0 ~ 11/04/2009
Mailed From55323 ,
RECEIVED
Nov a ·g 2009
CITY OF 0RONo
.J
Melanie Curtis
From:
Sent:
John Gleason [John.Gleason@dnr.state.mn.us]
Friday , October 30, 2009 1 :34 PM
To: Melanie Curtis
Subject: Re : Fwd: 340 Big Island -Road Vacation
Melanie ,
Here is the feedback from our regional lands superviser.
Regards ,
Jack
John (Jack) Gleason,
Area Hydrologist -West Metro
MN DNR Waters
1200 Warner Road
St. Paul , MN 55106
651-259-5754 (W)
651-772-7977 (F)
John.Gleason@state.mn .us
Visit our website at:
http//:mndnr.gov ( http ://mndnr.gov )
»> Trina Zieman 10/30/2009 9:42 AM >»
DNR would not supply comments on this proposed vacation because it does not meet the criteria for notification or review
by the Commissioner. It is not a road or public land that abuts or is adjacent to public waters nor is this portion of Meta
Comet Avenue adjacent to other publicly held lands. You may send this to Melanie as confirmation.
Trina Zieman
Central Region Supervisor
MN DNR -D ivision of Lands & Minerals
1200 Warner Road
St. Paul , MN 55106
Phone: 651-259-5792
Email : trina.zieman@dnr.state.mn .us
»> John Gleason 10/28/2009 9 : 12 AM »>
I assume we don't have any issue or comment on this proposed road vacation , correct?
»> Melanie Curtis <MCurtis@ci.orono.mn .us > 10/26/2009 1 :56 PM>»
The property owner at 340 Big Island has requested vacation of a portion of Meta Comet Avenue as shown (lightly
shaded area) in the attached survey. I know that it does not directly connect to Lake Minnetonka , but I wanted to send
you a copy of the survey and ask if you see any issues or does the DNR have any comments on the proposed vacation?
If you have comments please reply by or before November 3 .
Thanks
Melanie
1
Melanie Curtis
Planning & Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial : 952 .249.4627
Fax: 952 .249.4616
Planning & Zoning Office 952 .249.4620
Email: mcurtis@ci.orono.mn .us<mailto:mcurtis@ci .orono.mn.us >
Website: www.ci.orono.mn .us<http://www.ci.orono.mn.us >
2
Hennepin County Property M::>n Print Page 1 of 1
Hennepin County Property Map -Tax Year: 2009
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area {square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only .
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives .
H Selected Parcel Data
Parcel ID: 23-117-23-23-0033
Owner Name: NANCY LEE FARNES
Parcel Address: 230 BIG ISLAND, ORONO, MN 55331
Property Type: SEASONAL-RESIDE
Homestead: NON-HOMESTEAD
Area (sqft): 14093
Area (acres): 0.32
A-T-B: ABSTRACT
Market Total: $233,000.00
Tax Total: $1,934.08
Date Printed: 10/30/2009 11:13:35 AM
Current Parcel Date: 10/4/2009
Sale Price: $45,000.00
Sale Date: 11/1998
Sale Code: WARRANTY DEED
http://gis.co.hennepin.mn.us/HCProperty Map/Locator .aspx?PID=2311723 320063 10/30/2009
Hennepin County Property M;::il') Print Page 1 of 1
Hennepin County Property Map -Tax Year: 2009
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and ls not responsible for any misuse or misrepresentation of this information or its derivatives .
740
H Selected Parcel Data
Parcel ID: 23-117-23-23-0033
Owner Name: NANCY LEE FARNES
Parcel Address: 230 BIG ISLAND , ORONO , MN 55331
Property Type: SEASONAL-RESIDE
Homestead: NON-HOMESTEAD
Area (sqft): 14093
Area (acres): 0.32
A-T-B: ABSTRACT
Market Total: $233,000.00
Tax Total: $1,934.08
Date Printed: 10/30/2009 11:13:35 AM
Current Parcel Date: 10/4/2009
Sale Price: $45,000.00
Sale Date: 11/1998
Sale Code: WARRANTY DEED
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=2311723320063 10/30/2009
Evelyn M. Turner
From:
Sent:
Jeffrey W . Lambert Ueff@lblawoffice .com]
Friday , October 30, 2009 3:00 PM
To: Evelyn M. Turner
Subject: Re : Richard Hanson's application for vacation of property on Big Island
Thank you , thank you , thank you . I will return the sign next time I am in the area . Jeff
-----Original Message -----
From: Evelyn M. Turner
To: 'Jeffrey W . Lambert'
Sent: Friday , October 30 , 2009 2 :52 PM
Subject: RE: Richard Hanson's application for vacation of property on Big Island
I called the City Attorney. You do NOT need to post.
Evelyn Turner
City Planner
City of Orono
952-249-4623
952-249-4616 (fax)
From: Jeffrey W. Lambert [mailto:jeff@lblawoffice.com]
Sent: Friday, October 30, 2009 2:33 PM
To: Evelyn M. Turner
Subject: Richard Hanson's application for vacation of property on Big Island
Evelyn , can you let me know if it is absolutely necessary that we post the NOTICE on the property . I have it sitting here
in my office and we have to post it by the 6th I will make arrangements to go out to Big Island . At this time my client is no
longer going out there . Let me know when you have a chance . Thanks . Jeff
Jeffrey W . Lambert
Jeffrey W . Lambert , P.A.
1000 Twelve Oaks Center Drive , Suite 101
Wayzata , MN 55391
(952) 475-3435
Fax(952)475-0301
jeff@LBLawoffice.com
1
-r
Melanie Curtis
From: Mike Gaffron
Sent: Monday , October 26 , 2009 5 :23 PM
To:
Cc:
Melanie Curtis ; Scott Oberaigner; Don Debaere ; Willie Gibbs
Evelyn M. Turner
Subject: RE : 340 Big Island -File #09-3433
Attachments: Excerpt from Big Island Plats of Morse Island Park & MIP Second .pdf
Well. ..
Our Comp Plan listing of lake access points for Big Island includes the south end of Meta-Comet Avenue as "Access Point
F". Similarly, it includes the south end of Massasoit Avenue as "Access Point G". These were included on the list based
on the Hennepin County plat maps showing that they both ran to the shore of Lake Minnetonka. However, neither of
them actually touched the shore in the 1887 plat of Morse Island Park nor in the 1922 plat of Morse Island Park Second
Addition (see attached plats), and based on recent surveys on file, they don't reach the lakeshore today. The stretch of
road right-of-way between them was vacated in 2002, partly because that stretch didn't touch the lake at any point, it
didn't provide access to the lake for anyone, and parts of at least two cabins were within it.
The applicant has valid points. The right-of-way gives the public the ability to walk down Metacomet Avenue to within
30-40' of the shore; and the public probably has no clue that they are on private land when they walk to the shore . I
assume there are also utilities in the right-of-way, as well as portions of the septic system serving applicant's house . The
neighboring cabin's doorstep walks out onto his property, and the fact that that has become a weekly rental must be
fairly annoying compared to the relative minimal use of that property in the past .
In 2002 the Planning Commission wanted to condition the vacation of the connecting road on getting a strip to connect
Metacomet to the shore, but the three benefiting owners didn't control the land needed to do so.
A point can be made that the public and the other owners of land on the Island should be able to continue their use of
the Metacomet right-of-way, if for no other reason than to view the lake, to picnic, etc. The opposite point can also be
made, that such use is detrimental to the safety, security, and enjoyment of the abutting property owne rs in the
neighborhood .
I think that, given the public discussion that resulted in 2002 (read the minutes in
interesting application. I do not strictly oppose it, but approval will remove some
the Island that would remain at least 'possible ' if the vacation is denied .
(BTW -3 names of roads in the plat of Morse Island Park are names of Wampanoag Indian chiefs in the ih century
New England area : Massasoit, Metacomet, and Anawan)
Your friendly neighborhood researcher,
Mike
Michael P. Gaffron
Assistant City Administrator/ Long Term Strategy
City of Orono
(Street Address) 2750 Kelley Parkway
(Mailing Address) P.O. Box 66, Crystal Bay, MN 55323
Phone: (952) 249-4600
Fax: (952) 249-4616
1
-t
Melanie Curtis
From:
Sent:
To:
Subject:
Attachments:
Melanie Curtis
Monday, October 26, 2009 1 :53 PM
Scott Oberaigner; Don Debaere; Willie Gibbs; Mike Gaffron
340 Big Island -File #09-3433
admin_ci_orono_mn_us_20091026_ 141525.pdf
The property owner at 340 Big Island has requested vacation of a portion of Meta Comet Avenue as shown (lightly
shaded area) in the attached survey. Do you see any issues or have any comments on the proposed vacation? There
appears to be an overhead power line within the area to be vacated.
If you have comments please reply by November 3.
Mike, am I missing anything here? Should we give the Council a preview?
Thanks
Melanie
Melanie Curtis
Planning & Zon i ng Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fa x : 952 .249.4616
Planning & Zoning Office 952.249.4620
Email: mcurtis@ci.orono .mn .us
Website : www .ci.orono .mn .us
1
Melanie Curtis
From:
Sent:
To:
Cc:
Subject:
Attachments:
Melanie Curtis
Monday, October 26 , 2009 1 :57 PM
Jack Gleason (John .Gleason@dnr.state.mn.us)
Christine Mattson
340 Big Island -File #09-3433
admin_ci_orono_mn_us_20091026_ 141525 .pdf
The property owner at 340 Big Island has requested vacation of a portion of Meta Comet Avenue as shown (lightly
shaded area) in the attached survey . I know that it does not directly connect to Lake Minnetonka, but I wanted to send
you a copy of the survey and ask if you see any issues or does the DNR have any comments on the proposed vacation?
If you have comments please reply by or before November 3.
Thanks
Melanie
Melanie Curtis
Planning & Zon i ng Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial : 952.249.4627
Fa x: 952.249.4616
Planning & Zoning Office 952 .249.4620
Email: mcurtis@ci.orono.mn .us
Website : www .ci.orono .mn .us
1
I'"
f
CITY of ORONO
23 October 2009
Richard G Hanson
970 Iris Circle
Excelsior, MN 55331
Street Address:
2750 Kelley Parkway
Orono, MN 55356
SUBJECT: Zoning Application #09-3~ -8'-f-2>=3
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for vacation of a portion of Meta Comet Avenue. Our preliminary review indicates that
your application is complete.
Your application is scheduled to appear before the Planning Commission on Monday, November 16,
2009. The meeting begins at 6:00 p.m. Please make sure that you or your representative is
available to attend the meeting. You will be mailed a staff report regarding your application prior to
the meeting date.
Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us should you have any questions.
Sincerely,
City of Orono ,c
~
Melanie Curtis
Planning & Zoning Coordinator
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
MEMORANDUM
Date:
To:
From:
RE:
23 October 2009
Soren Mattick, City Attorney
Melanie Curtis, Planning & Zoning Coordinator
File # 09-3433 for 340 Big Island
Please review the enclosed information for an application for vacation of a
portion of Meta Comet Avenue and provide comments (if you have any) on or
before Wednesday, November 4th for the November 16th Planning Commission
meeting.
Please call me at 952.249.4627 if you need additional information or if you have
any questions on the attached information.
Thank you,
MEMORANDUM
Date:
To:
From:
RE:
23 October 2009
Tom Kellogg, City Engineer
Melanie Curtis, Planning & Zoning Coordinator
File # 09-3433 for 340 Big Island
Please review the enclosed information for the vacation of a portion of Meta
Comet Avenue and provide comments on or before Wednesday, November 4th
for the November 16th Planning Commission meeting.
Please call me at 952.249.4627 if you need additional information or if you have
any questions on the attached information.
Thank you,
JEFFREY W. LAMBERT, P.A.
ATTORNEY AT LAW
1000 TwELVE OAKS CENTER DRIVE
SUITE 101
WAYZATA, MN 55391
(952) 475-3435
FACSIMILE: (952) 475-0301
EMAIL: JEFF @ LBLAW0FFICE.C0M
Evelyn M. Turner
City Planner
City of Orono
2750 Kelley Parkway
Orono, MN 55356
October 20, 2009
Re: Application for Vacation of a portion of Meta Comet A venue, Big Island
Dear Evelyn:
On behalf of my client, Richard G. Hanson, I am submitting an Application for Vacation
of a portion of Meta Comet A venue, Big Island. Accordingly please find the following:
1. City of Orono Pre-Application Meeting Form;
2. Conditional Use Permit and Other Land Use Application with the following
attachments:
a. Addendum describing request;
b. Certified Property Owners List, labels and plat map from
Hennepin County;
c. Proposed Vacated Meta Comet A venue Description and Exhibit;
d. Three surveys of the Applicant's property and one copy for reproduction;
and
e. Three surveys of the land to be vacated and one copy for reproduction.
3. A check payable to the City of Orono in the amount of $700.
Please let me know immediately if there is anything that we have not included. It is my
understanding this will be on the Planning Commission Agenda for Monday, November 16,
2009.
JWL/rb
cc: Richard G. Hanson
343 3
RECEIVED
OCT 2 O 2009
CITY OF ORONO
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.*)
Street Address: Mailing Address: For Office Use Only :
P.O . Box 66 2750 Kelley Parkway
Orono , MN 55356 Crystal Bay , MN 55323-0066
City Planner:
Meeting Date/Time : 10 / h [O
/ t
Main: 952-249-4600
Fax : 952-249-4616
What is the purpose of a pre-application meeting?
PC Date:
Pre-application meetings aid the applicant in preparing a complete proposal , inform them of the procedures and
requirements of the city code , and identify policies or regulations that create opportunities or problems for the
proposal.
PROPERTY INFORMATION: -7 I-I~ -t, .-,--_ \
Site Address : :; 7 lL J:, l Q• ~ .\£\NJ;/> ·
Property Identification Nu ~SPIN): \\ ;).3 -117-J3 -32.-0,03 •0 ~5.
Z · o· · s· f P rt -l J ) on1ng 1stnct: ---~,~--1ze o rope y: ~ re%u-. O.'f
DESCRIPTION OF REQUEST:
□ Res. Access . Use □ Institutional □ Guest House/Guest Apt □ Duplex Credit/Bldg
□ C9f11m I lndust U \11 MK,□ PRO ~~I~ M □ Land Alteration
~ther: A m ~ ekJ O:.aeJ. ,IJc,,e,n~
OTHER INFORMATION:
CUP and Other Land Use Applications
Last Updated : May 22 , 2009
□ Comm Site Plan Review
RECEIVED
OCT 2 0 2009
CITY OF ORONO
RUN DATE: 10/8/2009
38 23-117-23 32 0003
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIRCLE
EXCELSIOR MN 55331
38 23-117-23 32 0037
GWENDOLYN S LARSON ETAL
370 BIG ISLAND
GWENDOLYN S LARSON
1143 1 CHISHOLM CIR NE
UNJT B
BLAINE MN 55449
38 23-11 7-23 32 0046
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGA TE DR
MINNETONKA MN 55305
38 23-117-23 32 0049
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0060
T P EGAN & CA EGAN
360 BIG ISLAND
THOMAS P EGAN/CHERYL A EGAN
1408 HOLDRIDGE CIR
WAYZATAMN 5539 1
38 23-11 7-23 32 0066
JOHN ALLEN EIDEN
330 BIG ISLAND
JOHN ALLEN EIDEN
POBOX24
330 BIG ISLAND
EXCELSIOR MN 5533 1
38 23-117-23 32 0075
ROBERT E & NANCY L GRANRUD
400 BIG ISLAND
ROBERT E & NANCY L GRANRUD
I 809 CAL VIN A VE
STPAULMN 55 116
I CERTIFY THAT THE FACTS REPRESE
AS IT APPEARS THIS DA TE ON THE CO
DAT E: ~c~ 0 8 2009
HENNEPIN L _ .,NTY PROPERTY INFORMATION SYSTEM (PROPERTY O\\.,..:RS LIST) PAGE:
38 23-117-23 32 0027
CA HEIMERL & C S HEIMERL
' 300 BIG ISLAND
CRAIG A & CINDY S HEIMERL
100 MOUND A VE
EXCELSIOR MN 55331
38 23-117-23 32 0039
V C MCCLELLAN & C A H CLANCY
350 BIG ISLAND
VINCENT C MCCLELLAN
5673 BARLETT BL VD
MOUND MN 55364
38 23-117-23 32 0047
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEE FARNES
2710 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0057
BONNIE S MENIGO/ET AL SBJ/LE
390 BIG ISLAND
SUSAN BAILEY
2700 HILLDALE A VEN E
ST ANTHONY MN 55418
38 23-1 I 7-23 32 006 I
BARBARA D GORMAN TRUSTEE
320 BIG ISLAND
JOHNS DEAN
837 N 63RD ST
WAUWATOSA WI 53213
38 23-11 7-23 32 0073
W J & L R YAEGER
3 10 BIG ISLAND
WILLIAM J & LAW A YNE R YAEGER
15694 SUSSEX DR
MINNETONKA MN 55345
38 23-117-23 32 0035
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIR
EXCELSIOR MN 5533 I
38 23 -11 7-23 32 0040
RICHARD G HANSON
340 BIG ISLAND
RICHARD G HANSON
970 IRIS CIR
EXCELSIOR MN 55331
38 23-1 17-23 32 0048
NANCY LEE FARNES
460 BIG ISLAND
NANCY LEEF ARNES
27 10 FOXGATE DR
MINNETONKA MN 55305
38 23-117-23 32 0058
KATHERINE SCRIVER ETAL
380 BIG ISLAND
JEANNETTE S BURCH
BOX!
CANNON FALLS MN 55009
38 23-117-23 32 0063
MB FRUEN & RH FRUEN
420 BIG ISLAND
GREGORY B OCONNOR
1549 LIVINGSTON AVE #104
WEST ST PAUL MN 55118
38 23-1 17-23 32 0074
GREGORY B O'CONNER ET AL
410 BIG ISLAND
GREGORY~ O'CONNER
1549 LIVINGSTON A VE # I 04
WEST ST PAUL MN 55118
ICES DEPARTMENT. RECEIVED
OCT 2 0 20 09
CITY OF OR ONO 343
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STREET VACATION EXHIBIT
PREPARED FOR
RICHARD G, HANSON
SITE ADDRESS:
340 Big Island, Orono, Minnesota 5533 I
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SATHRE-BERGQUIST, INC.
150 SOUTH BROADWAY WAVZATA, MN. 55391 (952) 47&-6000
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Hennepin County Mailing Label Receipt
Provided By: Taxpayer Services Department
Company or Homeowner Name: Richard G. Hanson
Contact Person: Jeff Lambert, Esq.
Contact Address: 340 Big Island Orono , MN 38
Contact Phone : 952-475-3435
Comments:
Buffer Distance: 350ft Mail Label Count : 19
PID LIST:
Print Date: 10/8/2009 11 :29: 15 AM
TOTAL COST: $25.00
38 23-117-23 32 0003 , 38 23-117-23 32 0027, 38 23-117-23 32 0035 , 38 23-117-23 32 0037, 38 23-117-23 32 0039 , 38 23 -117-23 32 0040 , 38 23 -11 7-2 3 32 0046 ,
38 23-117 -23 32 0047, 38 23-117-23 32 0048, 38 23-117 -23 32 0049, 38 23 -117 -23 32 0057, 38 23-117-23 32 0058 , 38 23-117-23 32 0060, 38 23-117-23 32 0061,
38 23-117-23 32 0063 , 38 23-117-23 32 0066 , 38 23-117-23 32 0073 , 38 23-117 -23 32 0074, 38 23-117-23 32 0075 ,
RE CEIVED
OCT 2 0 2009
CI TY OF ORONO
343 3
IH Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department L ___ _
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23-117-23-34 2.3-117-2.3-33
----. ------_____ .--.-----~·
For more information contact:
Hennepin County GIS Division
300 South 6th Street
Minneapolis, MN 55487
gis. info@co.hennepin .mn. us
Map Comments:
I-Type Comments Here -
---------
Print Date: 10/8/2009
Map Scale: 1" = 158'
Buffer Size: 350 feet
f Map Leg.end :
W.ater
Parle
Parcel
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Selected Parcels
,#I .--. .. ,.,
-Major Roads
Minor Roads
···m· apped ■ I Ir ~-. . . ' .
343
R-ECEIV ~ j
OCT 2 O 2009
CITY OF ORONO
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Department:
Address:
150 S. BROADWA Y, WAYZA TA, M INNESO TA 55391
T EL : (952) 476 -6000 FAX: (9 52) 476-0104 WEB: WWW.SATHRE.COM
Jeffery Lambert
Jeffery Lambert P.A.
1000 Twelve Oaks Center Drive
Suite 100,
Wayzata, MN 55391
Transmittal
Date:
Job#:
From :
Project:
October 19, 2009
32815-001-002
David Pemberton
Survey/Street Vacation
I Transmitted:
Regarding:
I V ia:
□ Herewith
□ Under separate cover
Item/Revision Date Quantity Format
3 22 "x34"
3 22 "x34"
;£ \ 11 "x17"
2-'' t 11 "x17"
/
Description
□ Fed Ex
□ Courier
□Mail
□ Hand delivery
X p· k IC UP
Certificate of Surveys
Street Vacation Exhibits
Certificate of Surveys
Street Vacation Exhibits
Format Codes : D=Digital ; Sk=Sketch; P=Plan ; Ps=Plan set; M=Mylar; T = Transparency; R=Reduction; Cr-Origina l; B=Bound Form
Notes/Comments
Jeffrey
Let me know if you need anything else ..
c: File
343 3
RECEIVED
OCT 2 0 2009
CITY OF ORONO
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0
CITYofORO
Post Office Box 66•Crystal Bay, Minnesota (15323•Municipul Offices
On. the North Shore of Lake Minnetonka
ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
473-7357
This notice is provided to the owner/taxpayer of record according to Ordinance #246,
Section 34.336. The following Record Lot classification will be considered accurate
and final unless you have some reason to dispute the facts used to make the classification.
Record Lot identification forms the basis for the granting of automatic lot area variances
that "Grandfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abutting land ovmed in corrnnon by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such coIDmon-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot" is commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
Record Lot 1125 George V. Hanson
240 Chester Street
St. Paul, MN 55107
APPROXIMATE SIZE ACRES & CLASSIFICATION:
(size is exclusi~any wetlands)
OVER 10 ACRES, (may be SUBDIVIOABLE)
--OVER S ACRES, but LESS THAN 10 ACRES
--(conforming but not SUBDIVIDABLEI
.¼,_suBSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks,
permits, etc., but without requiring further
City Council review)
UNBUILOABLE (rneans a vacant lot of less than
-1/2 acre: may be used for recreational purposes
without a cabin, but requires a Council approved
variance to be built on)
This RECORD LOT consists of 3 ---tax parcel(s)
as follows:
EXISTING USE CLASSIFICATION
RECREATIONAL USE ONLY (without a cabin)
XSEASOH.''ll, CABIN, used 180 days or less/year
, (if your cabin is used more than 180 days/
year, please complete the YELLOW application)
Seasonal Cabin plus a PRIVATE GUEST CABIN
-Other CONDITIONAL USE
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there is an error or a change,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a formal written appeal before July 1, 1983, or the record lot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional information may be
requested to verify any challenge such as surveys, utility bills, copies of recorded
deeds, etc.
Owner/Taxpayer Date Phone
Confirmation Report~ .Memory: Send
Job number
Date
To
Document pages
Start time
End time
Pages sent
Status
Job number
Daze:
To.•
Fa.x::
Re:
Sender:
034
.. ,
034
May-07 09:19ain
9524750301
002
May-07 09:19am
May-07 09:19ain
002
OK
***
Time
Tel I ine
Name
; I
!l
May-07-2010 09: 19am
+~522494616
CITY OF ORONO
SEND SUCCESSFUL ***
Ciry qf CJrono
27.50 Kelley Parkway
P,O. Box 66
· GryscalBay, i\dN 55323
. · <95:Z> 249-4600
Fax:· <~SJ;!.) 249-46:/6
F.AX TR.A.NS?vUSSION COVER. SHEET
~/7/zo, o · · ·•
YOU SHOULD RECEIVE :;z:_. PAGE<S), INCLUDING Tl-EIS COVER S.E-IEET.
IF YOU .DO 1VOT RECEIVE ALL TI-:IE PAGES,
.PLEASE CALL <952.) 249-~ "7'-t:;;:.Z·~
/?1'1 e-rn,/Q.f' I ___se.a.-rn-.s. ~Fo /Jo-f. .. /J-~ l(d~ ~r-=::i,, I
~d -/p./~-S. ~C> d~_s. --fr:;) ~II ,r-r7,e_. -/hA-r;
Evelyn M. Turner
From:
Sent:
To:
Evelyn M. Turner
Wednesday, May 05, 2010 3:11 PM
'Jeffrey W. Lambert'
Subject: Recording info for Resolution Vacating Meta-Comet Avenue
This is the report from Jean Olson at the City Attorney's office:
Since I have been waiting just for Resolution No. 5900 to be returned, I called Hennepin County to
check on the status.
Apparently this Resolution was recorded on April 21, 2010 as document number A9503896 and
Resolution 8900 was recorded on April 21, 2010 as document number A9504083.
Hennepin County had the original in some pile and didn't know where to send it.
5900 is the vacation. I think she means 5899 instead of 8900. That was the lot area variance.
We will send you copies of the recorded documents as soon as we recieve them from Jean.
Evelyn Turner
1
He1m epin County Property M 8.p Print Page 1 of 1
Hennepin County Property Map -Tax Year: 2009
The data contained o n this page ls derived from a compilation of reco rds and maps and may contain discrepancies t hat can only be disclosed by an accu rate survey performed by a licensed
land surveyor. The perimeter and area (sq uare footage and acres) are approxim at es and may co ntain discrepancies. The info r mation on this page should be used fo r reference purposes only.
Hennepin Cou nty does not g uarantee the accuracy of material he rei n co ntained and is not responsible fo r any m isuse or misrepresentation of thls infor mation or its derivat ives.
H Selected Parcel Data
Parcel ID: 23-117-23-32-0040
Owner Name: RICHARD G HANSON
Parcel Address: 340 BIG ISLAND, ORO N O, MN 55331
Property Type : SEASONAL-RESIDE
Homestead: NON-HOMESTEAD
Area (sqft): 15640
Area (acres): 0.36
A-T-B: ABSTRACT
Market Total: $165,000 .00
T ax Total: $1,294.26
-------------------------,
Date Printed: 9/30/2009 1:32:43 PM
Current Parcel Date: 9/4/2009
Sale Price: $0.00
Sale Date:/
Sale Code:
http ://gis .co .hennepin.mn. us/H CProperty M ap/L ocator .aspx?PID=2 3 11 7233 2003 9 9/30/2009
t
· Hennepin County Property J\;f 9-p Print Page 1 of 1
Hennepin County Property Map -Tax Year: 2009
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey perfo r med by a licensed
land surveyor. Th e pe rimeter and a rea (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for refe rence purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
320
\
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370
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Parcel ID: 23-117-23-32-0040
Owner Name: RICHARD G HANSON
\
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\
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Date Printed: 9/30/2009 1:32:02 PM
Current Parcel Date: 9/4/2009 H Selected Parcel Data
Parcel Address: 340 BIG ISLAND, ORONO, MN 55331
Property Type: SEASONAL-RESIDE Sale Price: $0.00
Sale Date:/ Homestead: NON-HOMESTEAD
Area (sqft): 15640
Area (acres): 0.36
A-T-B: ABSTRACT
Market Total: $165,000.00
Tax Total: $1,294.26
Sale Code:
--~---____________ _, II
http://gis.eo.hennepin.m.n.us /HCPropertyMap/Locator.aspx?PID=2311723320039 9/30/2009
Christine Mattson
From:
Sent:
To:
Subject:
Evelyn M. Turner [ETurner@ci.orono .mn .us]
Monday, September 28 , 2009 3:51 PM
Christine Mattson
FW: From Orono Website : Possible vacation of right of way
From: Jeffrey W . Lambert[SMTP :JEFF@LBLAWOFFIC E.COM]
Sent: Monday , September 28 , 2009 3:56 :37 PM
To: Evelyn M. Turner
Subject: From Orono Website : Possible vacation of right of way
Auto forwarded by a Rule
Evelyn, I have been contacted by Richard Hanson, who owns three parcels of land on Big Island. He and I would like to
meet with you or whoever you think would be appropriate to discuss vacating a right of way adjacent to a right of way that
was vacated in Orono File No . 02-2749 . Please call me at your earliest convenience. Jeff
Jeffrey W . Lambert
Jeffrey W . Lambert, P.A.
1000 Twelve Oaks Center Drive , Suite 101
Wayzata, MN 55391
(952) 475-3435
Fax(952)475-0301
jeff@LBLawoffice.com
1
CITY of ORONO
March 20, 2009
Richard G Hanson
970 Iris Circle
Excelsior MN 55331
Dear Mr. Hanson:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City has been reviewing the files for properties on Big Island to ensure they are all in order. I am
embarrassed to tell you that we found some paperwork in the file for your property at 340 Big Island
that should have been taken care of in 1986 and was not.
In 1983 the City rezoned Big Island to require a five acre minimum for new lots. The ordinance also
included a list of "record lots" that were smaller than five acres but would be granted permanent lot
area variances if the owner agreed to combine them into one tax parcel so they could not be sold
separately. 340 was one of these record lots. In 1986 George Hanson, the owner of 340, signed and
submitted the necessary forms. (See enclosed copies.) But they were never processed. We will do so
now, but we need you to sign a new form to combine the three tax parcels into one. I've enclosed the
form and a map to show you where the parcels are. Once you return the form Council will act on the
variance, the resolution will be recorded, and we will send you a copy.
I also found that the resolution vacating Massasoit Avenue (which runs parallel to the lake) was never
recorded. We have sent it for recording. You will receive a copy of the recorded document when it is
returned to us.
If you have any questions feel free to contact me.
s~7~~
1::iturner
City Planner
952-249-4623
eturner@ci.orono.mn.us
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
Minnesota:
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO 25
PURSUANT TO ORDINANCE NO. 246,
MUNICIPAL ZONING CODE SECTION 10.31
0
BE IT RESOLVED by the City Council of Orono, Hennepin County,
FINDINGS
1.' That George V. Hanson is ~) the owner(s)/tax-
payer(s) of record of the following described property located within
the RS Seasonal Recreational Zoning District of the City:
For the Legal Description, see Exhibit A.
2. That in adoption of Ordinance No. 246, the City Council reviewed
ownership, development and use patterns on the islands and has deter~
mined that all the above described property combined is and shall
hereinafter and henceforth be one "RECORD LOT" as defined in Section
10.31 of said ordinance.
3. That all the above described property when combined as one RECORD LOT
is still less than the minimum lot size required for new lots in the
RS District, but that this RECORD LOT is being used and/or may be used
in the future for any permitted use in the RS District without adverse
affect upon public health, safety, or welfare.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to
the above described RECORD LOT based on the above findings and subject to
the following conditions:
1. This RECORD LOT including al 1 the above described property combined
shall henceforth be continued in common ownership by the same person
or persons even if recorded as separate lots or tax parcels, and it
shall not be subdivided, sold in parts, reduced in area or otherwise
separated without application for and approval of a subdivision by the
City. This condition shall not preclude future sale or transfer of
the complete "RECORD LOT" as a single unit.
2. Granting this variance means this RECORD LOT may be used for one-
family seasonal recreational use without a structure; or a single new
seasonal dwelling may be built; or an existing seasonal dwelling may
be used, improved, added-onto or replaced; all without requiring
further City Council review of lot size, but subject to strict com-
pliance with all building permit, setback, hardcover, on-site sewage
treatment and other performance standards for development in the RS
District.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
PAGE 2; RECORD LOT NO. 25 : RESOLUTION NO. ---------
3. Granting this variance shall not vest any rights in the property other
than as specifically provided in Ordinance No. 246, and shall not
preclude a future City Council from amending, modifying or otherwise
limiting development rights and/or performance standards in the RS
District.
4. The undersigned has read and understood the terms of this resolution
and on behalf of himself, his heirs, successors and assigns, agrees
that the above described property constitutes a single REtORD LOT;
agrees that the RECORD LOT use may be so limited by the City; and
agrees to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on the
19
ATTEST:
Dorothy M. Hallin, City Clerk
t;;;C"'/ ,;:£ /~ > /~ / ;:.,,, "'-, i:::,:,u/
( l·· Prop,,efrty Owner ( s)
Geopge V. Hanson
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
Mary C. Butler, Mayor
( 2 )
day of
On this
and for
24 day of April , 19 &(> , before me, a Notary Public
within s a i d County , p e r s on a 1 1 y appeared _________ _
me to be the person(s)
rnent, and acknowledged
act and deed.
George V. Hanson known to
described in and who executed the foregoing instru-
that he (they) e~ec ted the same as his (their) free
/ ,,,/J /' ;7) .. (// : ~,.____-
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of
Orono per Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
EXHIBIT A
Lot F, Morse Island Park; that part of Lot 7 Morse Island
Park lying south of the north 30 feet thereof; and that
part of Lot 3 Morse Island Park Second Addition and of
Lot G, Morse Island Park lying northeasterly of the north-
easterly line of the southwesterly 50 feet of Lot 3 and
same extended to Lake Minnetonka; all in Hennepin County,
Minnesota
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipul Offices
On the North Shore of Lake Minnetonka
PLEASE COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in th~ attached postage-paid
envelope. Doing this will result in combining your separate tax parcels into one parcel
for assessing purposes consistent with the current RS zoning.
TO: Vernon T. Hoppe
Finance Division Director
603 Administration Tower
.Government Center
Minneapolis, Mn. 55487
DEAR SIR:
April 24 ,lg 86
-----------(please date)
I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all
of which combined are identifed as Orono Record Lot No. 25 ):
23-117-23 32 00-03
23-117-23 32 0035
23-117-23 32 0040
CITY NO. 38
FOR 19 TAX YEAR
Signature of Taxpayer (if different)
240 chester
St. Paul, MN 55107
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURRENT VALUES
HOR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDING & ZONING -473-7357 ,. ADMINISTRATION & FINANCE 473-735[ PUBLIC WORI'.S --473-7 359
PROPOSED VACATED META COMET AVENUE DESPCRITION
That part of Meta Cornet Avenue, as dedicated on MORSE ISLAND PARK SECOND
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, extending to
the north line of Lot G, MORSE ISLAND PARK, according to the recorded plat thereof,
Hennepin County, Minnesota, which lies southeasterly of the southwesterly extension of that part
of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof, Hennepin County,
Minnesota, lying south of the north 30.00 feet thereof.
Area: 6.658 Sq. Ft.
RECEIVED
OCT 2 0 2009
CITY OF ORONO
Nuv
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SCALE IN FEET
DESCRIPTION OF SUBJECT PROPERTY
NORTH
PARCEL 1: Lot F, MORSE ISLAND PARK, according to the
recorded plat thereof, Hennepin County, Minnesota.
PARCEL 2: That part of Lot 71 , MORSE ISLAND PARK,
according to the recorded plat thereof, Hennepin County, Minnesota,
lying south of the North 30.00 feet thereof.
VACATED META COMET A VENUE DESCRIPTION
That part of Meta-Comet Avenue, as dedicated on MORSE ISLAND
PARK, according to the recorded plat thereof, Hennepin County,
Minnesota, which lies southeasterly of the southwesterly extension
of the south line of the North 30 .00 feet of Lot 71, MORSE ISLAND
PARK, according to the recorded plat thereof, Hennepin County,
Minnesota. Meta-Comet Avenue is to extend to the north line of Lot
G, of said MORSE ISLAND PARK.
UTILITY EASEMENT DESCRIPTION
A utility easement over, under and across that part of vacated
Meta-Comet Avenue, as dedicated on MORSE ISLAND PARK,
according to the recorded plat thereof, Hennepin County,
Minnesota, which lies southeasterly of the southwesterly extension
of the south line of the North 30.00 feet of Lot 71, MORSE
ISLAND PARK, according to the recorded plat thereof, Hennepin
County, Minnesota and northwesterly of a line 96.50 feet
southeasterly of and parallel with the south line of the North 30.00
feet of Lot 71 and its southwesterly extension.
Area: 3,186 Sq. Ft.
I hereby certify that this plan or specification was prepared by me or under
my direct supervision and that I am a duly licensed land surveyor under the
laws of the State of Minnesota.
Dated this 23rd daY, ofNovember, 2009.
~ERGQUI T,INC.
~rton, Professional Land Su,veyo,
Minnesota License No. 40344
REVISIONS
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,.. DRAW/CHECK
DBP
DATE
11-19-09
BOOK/PAGE
N/A
JOB NO.
32815-001-003
DWG. NAME
.. EASEMENT EXHIBIT
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• Denotes Found Moosment -As D(rioflcd.
0 Deoot'" 112" by I 4" Imo Pipe Set ml Matl<od
by Liumc,No.. 40344
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SCALE IN FEET
NORTH
DESCRJPTION OF SUBJECT PROPERTY
PARC6L I: I.atF,MORSB ISLAND PARK, aa:onlioi! to the =nlcd plll lhmot lkDllcpiD C.uoty,
MmacsolL
PARCEL 2: That plrt ort.ot 71 , MORSI! ISLAND PARK, eccmding to the =onlod plotthereot Heooepin
Couoly, Minoe,ota, l)oing...,tb ofllenolth30.00 fcettb,...C
PARCBL 3: 'Ow pod of Lot 3, MORSBISLAMl PARK2ND ADDmON ad Lot G,MOIISB ISLAND
PAIIK, occriag to tho t<con!cd plats thet<o(. Henupia. CcUDty, Mimmola, lymg northaataly of the
nartheutcdy lino of tho 10Ubestaly S0.00 :fN1 of nid Lot l 1111d the nme utcndad to Lu:111 Minadonka.
PARCEL 4: That part ofMISSIIOkAv enu,,., dedic.t<don tho MORSI! lllLAND PAIIK SECOND
ADDmON, which lies between the southcastcdy ~t.cmion of tbc.soutb.wcrudy line o(I.ot 3, Hid addition,
and daesoulkeam:dy atcmio11 otthc nor1heastaly line of aid Lot l.
PROPOSED VACATP.D META COMl!T AVJ!NUI! Dl!SCRil"TlON
Thal pad: of'M.cta. Comet Avmuo_ as dedicalcd on MORSK ISLAND P.AlUC.SEc::x:»m ADDITION,
OCCONiago, lhe=.i.d platlbmG(..Heoncpin C.uoty, Mia.oCJOtO, extemlins to lhe om-thlulo ofl.ot G,
MOIISl!ISLAND PARIC.. 1,co,,lilla to tbueconlodpl■t tbmo~ Hmoepill Co\lllly, Minneso,a. whii:h lies
10.U.easi..ly of doc •outb.-f<:rly cxteosiao of tbll part ofl.ot 71, MORSE !Su.ND PARK. aocordillg to
tben,can!<d pi11t th<reaJ; HmoepinCcllllly,MiAoosoOl, l)iaa ooulh o[tbe oottb 30.00 feet lhcroo(
Area: 6,658 Sq. Ft.
This survey docs not pwport to •how any underground utilities. The aisling utilities shown w shown ill an
app,oximetc Wi.Y only. The coalnctor ,ba11 determine the uact loca.tio11 o[my and all GX.i.mngutilitics
before commcnciDg wade. the c:oatnlctor ahall be fully re.spoIISl"blc (or any uuJ all d1m1ge1 Wing out of
his .6&il.ure to cuctly lomic and ~ Ill aistia.a utility fkcilitiea.
Cool>d GOPHER STATI! ONI! CALL at 6Sl-4SU002 far procile orubo localino of ulilities priarlo aoy
CIKll."n.tioa..
A titlc opiakm wm aot fn.misbcd to the $\1.C'Veyor,
Aiao: p.,..11 _
Pan:o\2 -
Pan:ell -
Psn:el4-
Total
28,163 ±Sq.Ft
4,16l±Sq.R
IS,289± Sq. R
1,221 Sq. Fl (Vacated Mas sa.sojtAve.)
• Arca inrGffllllion denoted to ordinary h1gh 'WIier line
Benchmllk: Water elavati.oo of Lake Misnetonka pet Minoeh!h• Watershed District.
Elevatioo -9l8.17 fed {Allguot 24, 2008)
No modificatioas. to dtis survey or ,ketch may b~ performed by any pmon other than the surveyor signing
thllll c:c:rtification or pcr:soR5 under his dircct~crvid on.
[hereby ccdify dut thi• plan or specificalioa Wl5 p,;q,anx:I by me or under my
dimc:t npcmlion and lbatl am I duly li"83Cd lmd 1urvcyor1mdcr1hc law•
ofth~Stao of.Mimlesota.
Dal<d !hit !llb day or Ocinber, 2009.
SAIHR&-BEII.OQtllSf, INC. RECEIVED
----------10;+;-C-T 2 O 2009
Davial B. Pcmbcdoa,P.ro~fonal Lmd SurWJ'Dt
Minnesota Lic:cmo No_ 40044
CITYOF ORON
r REVISIONS
.,
... ~
r .,
...
r DRAWN
DBP
CHECKED
GRG
DATE
08/27/1)9
SCALE
AS SHOWN
JOB NO.
32815-001--002
FILE :
S"TREET VACAllON .DWG
TOWNSHIP-RANGE -SECTION
117 -23 -23
HENNEPIN COUN1Y
BOOK:191 PAGE:7
..._ SHEET 1 OF 1