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Home My WebLink AboutProject PacketApril 29, 2009 Vincent McClellan 5673 Barlett Boulevard MOUND MN 55364 Dear Mr. McClellan: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O .. Box 66 Crystal Bay, MN 55323-0066 Enclosed is a copy of the recorded City resolution vacating Massasoit Avenue adjacent to your property at 350 Big Island. This completes the City's role in the vacation. I apologize for the seven- year delay in the recording. If you have any questions feel free to contact me. Evelyn Turner City Planner 952-249-4623 etumer@ci.orono.mn.us file #02-2749 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us April 29, 2009 Thomas and Cheryl Egan 1408 Holdridge Circle WAYZATA MN 55391 Dear Mr. and Mrs. Egan: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Enclosed is a copy of the recorded City resolution vacating Massasoit Avenue adjacent to your property at 360 Big Island. This completes the City's role in the vacation. I apologize for the seven- year delay in the recording. If you have any questions feel free to contact me. 751,L I Evelyn Turner City Planner 952-249-4623 etumer@ci.orono.mn. us file #02-2749 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO April 29, 2009 Gwendolyn Larson 11431 Chisholm Cir NE Unit B BLAINE MN 55449 Dear Ms Larson: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Enclosed is a copy of the recorded City resolution vacating Massasoit Avenue adjacent to your property at 370 Big Island. This completes the City's role in the vacation. I apologize for the seven- year delay in the recording. If you have any questions feel free to contact me. ,7ce,, / VI~~ Evelyn Turner City Planner 952-249-4623 etumer@ci.orono.mn. us file #02-2749 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO April 29, 2009 Richard 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 Enclosed is a copy of the recorded City resolution vacating Massasoit Avenue adjacent to your property at 340 Big Island. This completes the City's role in the vacation. I apologize for the seven- year delay in the recording. If you have any questions feel free to contact me. Si7/. ( .. /;;,---~ Evelyn Turner City Planner 952-249-4623 eturner@ci.orono.mn. us file #02-2749 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us I ,. 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. Switzer and Mrs . Twidwell, Applicant, had nothing to add to Staffs report. Nygard commented he likes the idea of requiring replacement of the trees . White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4792, a Resolution granting a hardcover variance in the 75-250' zone for the construction of a new residence to replace the existing residence on the property located at 1865 Concordia Street. VOTE: Ayes 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 4th 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 wi thin 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 ha ve 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 A venue 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 A venue. 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 - RESOLUTION NO. 4791 Timothy and Mary Sweezo, Applicants, were present. Weinberger stated the Applicants are requesting several variances that would allow removal of the existing house and construction of a new three-bedroom residence on the property. The current house was constructed in approximately 1900. The entire property consists of approximately four acres, with two-thirds of the property consisting of wetlands. The property is located in the RR-lA zoning district, which has a minimum lot size of five acres, a front setback of 100 feet, and a side setback of 50 feet. Weinberger stated there are a number of accessory buildings on the property, with the property being used as a hobby farm. Weinberger stated the applicants are proposing a one story, three-bedroom residence, two car attached garage, which would be built partially within the front setback, 53 feet where 100 feet is required. The residence would also be located 42 feet from the side property line where 50 feet are required. The applicants are requesting a number of the accessory buildings remain on the property during the construction phase, which requires a variance. The Planning Commission recommended, on a vote of 4 to 3, approval of the application. Weinberger indicated the building site is limited due to the location of the accessory structures, the well, and the sewer. The applicants have indicated in their view this location is the best place for the new residence, with adequate screening in the front from Watertown Road. The Planning Commission also further found the actual building portion of this property is just under 1.5 acres. Weinberger noted that if this property were located in a two acre zoning district, it would meet all the required setbacks. PAGES 4 -3 -0 2 ; 1 : 1 3 P M; aw e st April 3, 2002 City of Orono Paul Weinberger, Zoning Adm inistrator P.O. Box 66 Crystal Bay, MN 55323 -0066 RE: Vacation of Public R_ight-of-Way City File# 02-2749 Dear Mr Weinberger ;763 536 5098 Qwest Corporation has no existing facilities in Right-of-way shown as Massasoit Avenue in letter dated 1-31-02. Qwest does not object to vacation of Right-of-way at said addresses. Sincerely, ~~ ? 'i(;ck Jorgensen Senior Design Engineer (612) 531-6385 9700 Schmidt Lake Road Room 344 Plymouth, Minnesota 55442 CC Tom Egan # 2 / 2 CITY of ORONO March 1, 2002 Thomas P. Egan 1408 Holdridge Circle Wayzata, MN 55391 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION RE: Application #02-2749 350, 360 and 370 Big Island Dear Mr. Egan: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application was complete on January 23, 2002. The 60 day review period expires on March 20, 2002. The City Council briefly discussed the application at their meeting on February 25, 2002 and followed the Planning Commission recommendation to request the Park Commission review applications for vacations within the City of Orono, including Big Island. The Park Commission will discuss public land vacations, in general, at their next scheduled meeting. The date of that meeting is March 4, 2002. The earliest potential date the City Council can review your application will be some time after the Park Commission has had an opportunity to complete their review. Because the 60 day review period will likely not be until after March 20 th , the City of Orono has extended the review period an additional 60 days to May 19, 2002. Please do not hesitate to contact me should you have questions. Sincerely, 1?JtJ~ Paul Weinberger Zoning Administrator Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 249-4600 APPLICATION NO. 02-2747 NOTICE OF COUNCIL ACTION Date of Notice: February 28, 2002 ----------------------------------------------------------------------------------------------------- TO: Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 -------------------------------------------------------------- TYPE OF APPLICATION: Right of Way Vacation DATE OF MEETING: February 25, 2002 ------------- VOTE: 4FOR 0 AGAINST ------------------------------------------------------------------------------------------------- COUNCIL ACTION -MOTION: Council requested the Park Commission review public property and access on Big Island. Park Commission will discuss at their meeting of March 4, 2002. The individual request to vacate a portion of Massasoit A venue will be reviewed following the discussion with the Park Commission. 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. ORONO CITY COUNCIL MEETI1'..; MONDAY, FEBRUARY 25, 2002 8. #02-2747 Tonka Ventures, 3749Liviµgs.tpnAvenue-Easement Vacation-·. Resolution No. 4761-Continued building is finished, it will_b~ difficult to control erosion. They are currently controlling erosion with a silt fence andJi_ay bails. They lia_ve also planted trees as planned.up to this · point, but will need to complete the project before they can finish the plantings and landscaping. How soon they can finish the project will depend on the weather. The . approved landscape plan is filed with the City and the City has a line of credit that will be held until the project is complete. i Weinberger stated that the neighbors may have thought more trees would be going in than actually will. The final elevations wouldn't be complete until the project is complete and the· backfill is in. Flint asked if the City Engineer would visit the site. Kellogg stated he would visit on Friday. Weinberger stated that if the Council did not adopt the resolution, then it would have to come back at the March 11 th.meeting. Flint stated he would be willing to approve it based on the builder's verbal assurance tha~ he would address the neighbors' concerns. Mr . . Gleason stated he was looking for approval so· that they could begin construction. Flint moved, and Sansevere seco~de4, to adopt Resolution No. 4761 vacating a dedicated drainage and utility easeiµent within the plat of Lake Minneto_nka Woods. Vote: Ayes 4, Nays 0. 9. #02-2749 Thomas P. Egan, 350,360,370 Big lsland-Vacation Weinberger suggested the Council might want to discuss the role of the Planning . Commission in relation to vacating land 01' Big Island. He stated that the applicant had phoned to say he would not be present because his neighbors were unable to attend, and he could not speak for them. . _ . Flint stated they should get the Parks Commission's input as a matter of policy on vacating public lands.. He .·suggested the City may want to preserve part of the right-of- way as public access to the .lake. Nygard stated that the area was comprised of bluffs and it was not a good access point. Flint moved, and Nygard seconded, to table item 9. Vote Ayes 4, Nays 0. Flint nioved, and Nygard seconded, that vacation requests within the City should first be reviewed by the Parks Commission. · Vote: Ayes 4, Nays 0. 6 CITY OF ORONO P.O. Box66 ZONING FILE #01-2749 Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION PHONE:(952) 249-4600 FAX:(952) 249-4616 DATE OF NOTICE: February 28, 2002 TO: Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 TYPE OF APPLICATION: Variance Conditional Use Permit Subdivision _K_ Other (Right of Way Vacation) DATE OF MEETING: February 19, 2002 VOTE: 6 FOR Planning Commission recommends the following: __ Approval as submitted __ Approval subject to conditions noted below X Denial for reasons noted below Tabled for reasons noted below __ No action required NOTES AND SPECIAL CONDITIONS: 0 AGAINST The Planning Commission reviewed the proposal and noted there may be a public value to Massasoit A venue as a potential trail. The cabins located within the right of way restricts public pedestrian use of the corridor. The entire corridor is almost entirely within 75' of the lakeshore. No buildings could replace the cabins when the time comes for the lots to redevelop. The cabins would have to be moved back on the property to meet all current setback requirements. To keep the interests of the public in mind, the Planning Commission noted the right of way may serve a future public use as island as a future trail corridor. Also noted was the potential for one or two public access points to the lakeshore. The survey indicates the existing right of way does not reach the Ordinary High Water Level (929.4') of Lake Minnetonka. Therefore there is no public lake access at the south end of the peninsula. The Planning Commission discussed the option of an exchange ofland for the vacation to acquire enough property to provide public access to the lakeshore. Based on the potential use of the corridor as a public recreational trail, the Planning Commission felt they would like the Park Commission to review the proposal. The applicant stated he did not wish to have the Park Commission review and would prefer to discuss the proposal with the City Council. The Planning Commission voted 6-0 to recommend denial of the application. Planning Commission felt the public future use of the right of way as a trail should be reviewed by the Park Commission before they make a recommendation. The Planning Commission did request the City Council consider forwarding this application, and all future applications for vacating public property, to the Park Commission for their review and recommendation. You are scheduled to appear before the City Council on Monday, February 25, 2002. If you have any questions please contact the Zoning Department at (952) 249-4600. 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. 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 more of an earth tone color to blend in better with the lakeshore. Rahn noted the shed is not in anyone 's line of sight. Mabusth inquired whether the shed could be brought into conformance while construction is going on. Marzan indicated he would really like to retain the shed and that he would be willing to paint it another color if possible. Marzan stated if it is not possible to keep the shed, he will comply with whatever the Planning Commission decides. Hawn stated it is her impression from the comments that the Planning Commission would like to see the shed replaced with a lock box. Smith, Rahn, and Fritzler stated in their view the shed should be reduced in size. Kluth reiterated he would allow the structure to remain until such time as it needs to be replaced . Mabusth noted no major structural repairs are allowed on non-conforming structures. Mabusth moved, Hawn seconded, to recommend approval of Application #02-2748, Richard A. and Nancy Marzan, 2795 Pheasant Road, granting of a hardcover variance to allow the existing stairway and 216 square foot deck to remain in the 0-75' setback area, along with the 20 square foot shed being reconstructed into a lock box, with the understanding the shed shall be painted an earth tone color, and further subject to the Applicants being placed on notice that the deck is a non-conforming structure, and that if major repairs are necessary in the future, the deck will need 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 Avenue" be vacated. Massasoit Avenue 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 MINUTES 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. PAGE26 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. PAGE27 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 of land 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 ofland 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. PAGE28 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 ofland to determine ifthere 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 PLANNING COMMISSION Tuesday, February 19, 2002 6:30 o'clock p.m. (#12) #02-2751 MARK WELCH, 3625 NORTH SHORE DRIVE, VARIANCES, 11:11 p.m. -11:29 p.m. Linda Welch, Sister, appeared on behalf of Mark Welch. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances that would permit removal of an existing house and construction of a new house on the property. Weinberger stated the property is located in the LR-IC zoning district and consists of 6,615 square feet. Access to this property and five others is via a private, shared driveway that accesses North Shore Drive. The private driveway is located across the back of the individual lots. The driveway is required because the public road is located at a much higher elevation than the properties below. Weinberger stated the existing house consists of 599 square feet, with the Applicant proposing to construct a two-bedroom/two bathroom home with a one-stall "tuck-under" garage. The new house would allow the property owners to have additional living space and one garage stall. Currently the property does not have a garage and was constructed in 1920. The proposed house would be located the same distance from the driveway as the current house. A number of variances are required for the new residence due to the small size of the lot, the driveway location, and elevation change. The Applicant is requesting variances to lot area and lot width to permit construction of a new residence. The defined lot area, minus the private driveway area, consists of 5,462 square feet. The defined lot width is approximately 50' at the lakeshore, with the requirement being 100' width at the lakeshore. Weinberger stated the proposed house would be located approximately 53' from the lakeshore, which exceeds the existing setback of the neighboring two houses. Weinberger noted a 75' setback is required. Weinberger stated the proposed building pad is located between the driveway and the 50' setback. The Applicants are also requesting a variance to allow the house to be constructed five feet from the west property line where a 10' setback is required. The 5' side setback has been requested to provide one additional parking space on the property. The City's zoning code requires residential properties have two off-street parking spaces. Weinberger noted no parking is available on the opposite side of the shared driveway due to the topography of the land. A variance is also needed to allow the house to be built within 7 5' of the lakeshore and a variance to permit greater than 25 percent hardcover in the 75-250' of the lakeshore. The Applicants are proposing 16.4 percent hardcover where currently 17 .6 percent exists in the 0-75' setback area and 51.6 percent hardcover in the 75-250' setback area where 54.4 percent currently exists. The proposed house would consist of 1,176 square feet and would not contain a basement due to the high water level in this area. Weinberger stated a variance is also required to permit one off-street parking stall to be located three feet from an interior side property line where off-street parking is required to be located ten feet from a side property line. Weinberger noted the Applicant has submitted a statement of hardship. Weinberger stated the well would need to be relocated if the house is rebuilt in this area. PAGE30 Complete Date: 60 Day Deadline: 2/5/02 4/6/02 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator DATE: February 12, 2002 SUBJECT: #02-2749 Thomas P. Egan, on behalf of all property owners 350, 360 and 370 Big Island Vacation of a portion of a dedicated Right-of-Way Zoning District: RS -Seasonal Recreational District List of Exhibits: A Application B Plat Map C Survey D Qwest Comments E Reliant Energy/Minnegasco F Property Owners Notification List Property Owners 350 Big Island 360 Big Island 370 Big Island Gary and Cynthia Craswell Thomas and Cheryl Egan Lowell and Gwendolyn Larson Application: Property owners have requested to vacate of a portion of platted "Massasoit A venue". Massasoit A venue is undeveloped right of way on Big Island originally dedicated on the plat of Morse Island Park. 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. There are two houses either fully inside or partially inside the Massasoit A venue right of way that is proposed for vacation. Attached Exhibit C is a survey document the indicates the location of the right of way and structures. The City notifies all public utilities of the vacation request since they reserve the right to use public right of way for their facilities. Reliant Energy/Minnegasco 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. Please review the attached letter, dated February 6, 2002, and maps provided by Qwest. #02-2749 Thomas P, Egan 350, 360 and 370 Big Island February 13, 2002 Page 1 of2 ,_ Lake and Interior Land Access Individual access to public right of way is necessary to Big Island properties. The vacation of the right of way does not eliminate public access to each lot because each lot has access to the lakeshore and access to other right of way. The plat map shows each of the lots adjacent to other public land. Access to public right of way for other lots on the island would not change. According to information available to the City, property surveys and City topo maps, it does not appear any part of Massasoit A venue or Metacomet A venue have direct public access to the lakeshore. Staff Recommendation The property owners have the opportunity to negociate with Qwest to allow Qwest to use and access their facilities. Staff cannot support vacation of the Massasoit A venue until Qwest and the property owners reach an agreement on how to allow continued access to the telephone facilities. This could be done by the property owners granting a public utility and access easement along the utility lines, or provide a private easement for Qwest for the service lines. The second option would be to have utilities relocated out of Massasoit A venue. Either option would require all property owners and Qwest agreeing on a solution. Final approval of a vacation could be considered by the City only after resolution of the issue. Staff recommends the application be tabled until the issue with Qwest is resolved. Any future redevelopment of the properties would require new structures to have a minimum setback of75' to the lakeshore. The survey indicates nearly all of Massasoit Avenue, proposed for vacation, is located within 7 5' of the lakeshore. Vacating the right of way will not allow further development on those portions of the property. Public Hearing Required Staff did notice the hearing for the vacation request, for the February 19, 2002 meeting of the Planning Commission. Notices were also mailed to all property owners within 350' of the property. Staff requests the Planning Commission open a public hearing for public comment. If the request is tabled the hearing will be continued to a future meeting. PLANNING COMMISSION OPTIONS FOR ACTION 1. Approve 2. Table 3. Deny, stating reasons 4. Other Action #02-2749 Thomas P. Egan 350,360 and 370 Big Island February 13, 2002 Page2 of2 Application # 0 2. -2 71/ CJ Date Received I -2 1-o z. Amount Paid ../3 ()0 CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3SO, 3 Go 4 3 70 P-, 1 1 :,::.(I ~A.,tl Type of Application to be Filed ___.V~"-k=1'""-f-_,_'-t>;;...:;ltJ,,.__ _____________ _ Property Identification Number (P.I.D.) ________________ _ APPLICANT -/ Name /YI Oh 9-.f f~ ~1 arJ Address /40f Holdrt'd.J-c C,•,-,j,!. Phone (home) 7 f Z-47 6 ,..._J:J ¥ Phone (work) 76) ~ SJi-/'l/1 City W,,, 'f "? 1 /2 Zip .sf .:J ? I OWNER (if different than applicant) Phone (home) _______ _ Name ________________ Phone (work) _______ _ Address _____________ City _______ Zip ____ _ Date Pr~cquired A1 et r-e-A. o I I i '? P' I (do) (~ also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 7 5. 00 For each variance request with CUP application $175.00 Residential Accessory Use ---___ $250.00 Institutional (church, school, etc.) --- --- --- --- --- $225.00 Guest House/Guest Apartments . $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more · Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ---$150.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consl;lltarit fees) -v---< $300.00 Vac:non':) $200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ---$350.00 Comprehensive Plan Amendment __ $100.00 Appeals Other -see Fee Schedule --- (month/year) ~ f;v,t·C>>-.. _i •~•;;, __... . . REQUIRED SUBMIT ---ALS 1. __ Completed Application Form. , 2.. -,---Describe request in detail. J°. · · · · · Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, 4. 5. 6. 8. 9. A-603, Government Center, 348-3271). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. r , __ Attach legal description to application if not included on required survey. c:.v1 tp,•PCJ•J __ Topographic survey (existing and _proposed contours) if land alterations involve changes in elevation (grades). •. ·•. · -· .' __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ~i\· Cotistruction plan, if applicable (see staff for requirements). \0\~ As.an addendum to this application, please __ attach a separate list of any other persons you wish notifie_d of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature~ OWNER'S SIGNATURE Date //4_j/ oz_ __,,.__----'------ The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Ownei's signature ~ Date //2J/oe.. Applicant must have all subrnittals 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. ~ • I ···\ -~':·. 'Vl w a:: Q ,...: ,._ 1.1, ' ' 320. 76 B (3) ..... -, .. ~, 0 LOT C (2>. @) 8 -------- _£TY~ ~12 . 00 ;;: ;;: w 1 z a:: w ow ::i::: 0:: Vl C> LL. I LL. 00 >--?- ~,-------_, __ ---------------' ~ CJ I ' 0 . - ("f\ .. ,. ,, \ ,',J l \ -J,:,ff\'(),)i'Jaf\'. \ \ \ i· -. \ \\ \ \ \ \ I, t, \ \ \ ' \ February 6, 2002 Paul Weinberger, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 -0066 RE: Vacation of Public Right-of-way City File# 02-2749 Dear Mr Weinberger cl'' .... :" .... , Qwest" ·1::J.' ... :.iovo -..ilt l VI Vil •• Qwest Corporation has existing facilities in Right-of-way shown as Massasoit Avenue in letter dated 1-31-02. We must respectfully decline the Right-of- way vacation request. Sincerely, /lYLMtJ ~ q~Rick Jorgensen Senior Design Engineer (763) 531-6385 9700 Schmidt Lake Road Room 344 Plymouth, Minnesota 55442 D )NFIDENTIAL Disclose and Distribute Solely to Qwest Employees Hoving a Need to Know. 0 inted by Rick Jorgensen at 07:25 on 06/FEB/2002 from the Londbose in Wire 2enter WYZTMNWA ~ ,------~--1~~ i:-P5 Gho~t ~-ft' I tf If tS f pt' ! ~ONFIDENTIAL Disclose ond Distribute Solely to Qwest Employees Hoving o Need to Know. "rinted by Rick J_<>rgensen at 07: 14 on 06/FEB/2002 from the Landbase in Wire Center WYZTMNWA 260 \--'"-'-'1 'S?J 246 ,;,. 'o, ''-,:~ \ -~-... ··--·) 9GA. $1-400 230 I U\KE MINNETONKA 23,6-40 '42-47 .......,v1,,..•U.fi,;U "-" ..JJV, ...JVIJ '-LUU ...JIU UJ.~ ..t..lJ..&.llU. City File #02-2749 Reliant Energy Attn: Steve Von Bargen Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 Xcel Energy Attn: Sharon M. Price Siting and Land Rights 414 Nicollet Mall Minneapolis, MN 55401-1993 Wright Hennepin Electric Company P.O. Box330 Rockford, MN 55373 Date: January 3 l, 2002 Applicant: Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 952-476-8376 Mediacom 1504 2nd Street S.E. Waseca, MN 56093 Qwest 9700 Schmidt Lake Road Plymouth, MN 55442 Verizon/GTE Telephone Operations 2378 Wilshire Blvd. Mound, MN 55364 City of Orono Attn: Greg Gappa, Public Services Director P.O. Box 66 Crystal Bay, MN 55323-0066 Request: The City of Orono has received a request by the owners of properties located at 350, 360 and 3 70 Big Island to vacate a potion ofundeveloped platted right-of-way. The right-of-way was dedicated, and shown as "Massasoit Avenue" on the original plat of Morse Island Park. Purpose: The right-of-way on Big Island in undeveloped, but is open to allow property owners interior island access. The property owners primary reason to vacate the roads is that the individual houses are partly or fully within the public right of way. See attached Certificate of Survey. Comments: Any comments should be received by the City of Orono by February 18, 2002. A public hearing to consider the vacation request is scheduled for Tuesday, February 19, 2002. Comments should be mailed or faxed to: Paul Weinberger, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323-0066 hone: 952-249-4600 fax: 952-249-4616 - ;~s..-o--z.._.... Reliant Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice~ . ~ Steven Von Bargen~ Right-of-Way Administrator Reliant Energy M innegasco Ill , I,, RUN DATE 11/14/01 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 23-117-23 32 0003 00340 BIG ISLAND RICHARD G HANSON MARILYN LATHAN 623 LAKE STE WAYZATA HN 55391 38 23-117-23 32 0039 00350 BIG ISLAND G W CRASWELL & C_D CRASWELL GARY W & CYNTHIA D CRASWELL 3451 CALLE QUATRO W GREEN VALLEY AZ 85614 38 23-117-23 32 0047 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA HN 55305 38 23-117-23 32 0057 00390 BIG ISLAND ROBERT W BAILEY ETAL ROBERT W BAILEY 2700 HILLDALE AVE NE ST ANTHONY HN · 55418 38 23-117-23 32 0061 00320 BIG ISLAND JOHNS DEAN JOHNS DEAN . 837 N 63RD ST WAUWATOSA WI 53213 38 23-117-23 32 0066 00330 BIG ISLAND JOHN ALLEN EIDEN JOHN ALLEN EIDEN PO BOX 24 330 BIG ISLAND EXCELSIOR HN 55331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 32 0035 00340 BIG ISLAND RICHARD G HANSON MARILYN LATHAN 623 LAKE STE WAYZATA HN 55391 38, 23-117-23 32 0040 00340 BIG ISLAND RICHARD G HANSON RICHARD G HANSON 370 UNIVERSITY AVE W ST PAUL HN 55103 38 23-117-23 32 0049 00310 · BIG ISLAND NANCY _LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA HN 55305 38 23-117-23 32 0058 00380 BIG ISLAND KATHERINE SCRIVER ETAL JEANNETTE S BURCH BOX 1 CANNON FALLS HN 55009 38 23-117-23 32 0063 00420 BIG ISLAND H B FRUEN & RH FRUEN MICHAEL FRUEN 9911 13TH AVE N HPLS HN 55441 38 23-117-23 32 0067 00430 BIG ISLAND ELIZABETH ANN BRENNAN TIMOTHY C LOVETT 12400 MARION LN W ff3306 MINNETONKA HN 55305 REPORT NO. PI435401 PAGE 4 38 23-117-23 32 0037 00370 BIG ISLAND / GWENDOLYN s LARSON ETAL !ow~ll GWENDOLYN S LARSON 6500 JANES AVES RICHFIELD HN 55423 38 23-117-23 32 0046 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA HN 55305 38 23-117-23 32 0055 00400 BIG ISLAND NANCY L GRANRUD ETAL ROBERT E GRANRUD 1809 COLVIN AVE ST PAUL HN 55116 38 23-117-23 32 0060 00360 BIG ISLAND T P EGAN & CA EGAN THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA HN 55391 38 23-117-23 32 0065 00410 BIG ISLAND RICHARD W FRUEN ET AL GREGORY B O'CONNOR 1925 86TH ST W UPPER INVER GROVE HEIGHTS HN 55077 38 23-117-23 32 0071 00440 BIG ISLAND W L & PA THORKELSON W,L & PA THORKELSON 7600 GOLDEN VALLEY RD ff209 GOLDEN VALLEY HN 55427 LQ.r"Sovi ~ 2-19-02. ~+> . ' ~QvJ-e.. -' R ' C. K j O y-~ .e Vl ~ v'\ 5 }o-..•f-e J 1 I-i s vc"-c.oL..-·R~o -LJ ~+ 01;'1,'f;'~s Ol< i-D o. v-e foco._/e/ cu1 J 0---u.. f r' / 1 1 / ( -e o u J/IA.e_.J-l S f j/ C<. vt . 1-e cl ,, Go/~ 5fo--:6. skouJJ ~ ~ ID C cCf;_ L,U L. V1 ,.s~ Jo C v-o s. S r C fl • --~ Gop/u.H ~+~ ~ ~ o-J- +o /tJcoh f ~ 1,/A.Jl .s {h.,(_, -J-o i-L~ ;·.s I~ 2/·2. ,)oL AM, From: To: Date: Subject: Mr. Hanson, Paul Weinberger Hanson, Rick 2/13/02 2:45PM Re: Big Island Petition The property owners of 350, 360 and 370 Big Island have made an application to the City of Orono requesting to vacate a portion of dedicated right of way. I can either fax you a copy or send you a scanned image of a plat map that will highlight the area proposed for vacation. The proposed vacation is a portion of platted "Massasoit Avenue" located near the lakeshore at the end of the peninsula. Please let me know how you would like to receive the information. Thanks, Paul Weinberger, Zoning Administrator »> "Rick Hanson" <rickghanson@msn.com> 02/13/02 02:37PM >» Mr. Weinberger, I was sent a copy of the agenda for next Tuesday's planning commission meeting. It appears that Mr. Thomas P Egan is petitioning to city to vacate some land that apparently impacts my property. I am on vacation in Palm Desert as I write this and therefore do not have access to any of the property information that is in Minnesota. I left a voice mail for you and am following up with an email as it might be easier to contact one another this way rather than telephone tag. If you could enlighten me in any way on what is being petitioned for and it's impact on my property, I'd appreciate it as I won't be back in Minnesota until Sunday night. I plan to attend next Tuesday night's planning meeting, but I won't have any time to research what is going on before I get to the meeting. Thanks for your help, Richard (Rick) G Hanson .. P§ge 1.·1 Date: To: Fax: Re: Sender: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET YOU SHOULD RECEIVE ______ PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. • I February 6, 2002 Paul Weinberger, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 -0066 RE: Vacation of Public Right-of-way City File# 02-2749 Dear Mr Weinberger f O t;\ rf:"J \oil I l vi-uHONO Qwest Corporation has existing facilities in Right-of-way shown as Massasoit Avenue in letter dated 1-31-02. We must respectfully decline the Right-of- way vacation request. Sincerely, !~~ qt57Rick Jorgensen Senior Design Engineer (763) 531-6385 9700 Schmidt Lake Road Room 344 Plymouth, Minnesota 55442 r CON FID ENTIAL Disclose and Di stri bute SolAly to Qwest Employees Ha v ing a Need tn Know. Pfi nted by Rick Jorgensen ot 07:25 or /FEB /2002 from the Landbase in Wi1 enter WYZTM NWA -----=--.,....:..=........_,~...:....:..:..:...:....:..:..:-----,r-------r-------------------------------------'------------------, CON FIDENTIAL Disclose and Distribute Solely to Qwest Employees Having a Need to Know. ~:,r inted ':ly Rick Jorgensen at 07:14 o 3/FEB/2002 from the Landbase in W ~enter WYZTMNWA ------~--------------------------=~---:;;,--- I 230 I LAKE MINNETONKA 23 -40 42-47 Reliant Energy Attn : Ste ve Von Bargen Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 Xcel Energy Attn : Sharon M . Price City File #02-2749 Mediacom 1504 2nd Street S.E. Waseca, MN 56093 Qwest 9700 Schmidt Lake Road Plymouth, MN 55442 f-tt.i O I Siting and Land Rights 414 Nicollet Mall Minneapolis, MN 55401-1993 Verizon/GTE Telephone Operations 2378 Wilshire Blvd. Mound, MN 55364 Wright Hennepin Electric Company P .O. Box 330 City of Orono Attn : Greg Gappa, Public Services Director P.O. Box66 Rockford , MN 55373 Date: Applicant: Request: Purpose: January 31, 2 002 Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 952-476-8376 Crystal Bay, MN 55323-0066 The City of Orono has received a request by the owners of properties located at 350 , 360 and 3 70 Big Island to vacate a potion ofundeveloped platted right-of-way. The right-of-way was dedicated , and shown as "Massasoit A venue " on the original plat of Morse Island Park. The right-of-way on Big Island in undeveloped, but is open to allow property owners interior island access. The property ow ners primary reason to vacate the roads is that the individual houses are partly or fully within the public right of way . See attached Certificate of Survey . Comments: Any comments should be received by the City of Orono by February 18, 2002. A public hearing to consider the vacation request is scheduled for Tuesday, February 19 , 2002 . Comments should be mailed or fa xed to: Paul Weinberger, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323-0066 hone: 952-249-4600 fax : 952-249-46 l 6 J,r s--o'7...---- Reliant Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice~ ~ Steven Von Bargen ~ Right-of-Way Administrator Reliant Energy M innegasco ' ' ' ' ' 8 (3) ~;, ~.', ~' ~' ' ' ' ' ' ' ' I , I I • I I I I I I I I I I I I I I I I I I I I I s /'! /-:~\ .;.t~;1~·, •:,~, _,._>-' ; J r·<:::) u .:"7 .... ;,·· :f STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I , Denise M . Leskinen, of the City of Orono~ Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#02-2749, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of February 2002 . 1b~ Denise M. Leskinen t ORONO PLANNING COlVIMISSION Tuesday February 19, 2002 6:30 PM 2750 Kelley Parkway -Council Chambers AGENDA Council Representative: Mayor Barbara Peterson AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the l\tlarch 11, 2002 City Council meeting unless otherwise noted by the Chair. CONSENT 1. #02-2750 Michelle and Edward Winer, 2010 Shoreline Drive, Variance (Staff: Wendy Bottenberg) NEW BUSINESS Review of these items will commence before or between scheduled public hearings. 2. #01-2731 Navarre Amaco, 3360 Shoreline Drive, Commercial Site Plan Review and Variances (Staff: Paul Weinberger) 3. #01-2735 Proposed Zoning Code Amendment, Section 10.03 Subd. 14, Structural Lot Coverage Ordinance Standards (Staff: Wendy Bottenberg) 4. #2333 Proposed Zoning Code Amendment, Section 10.20 Subd. 4C, Home Occupation Standards (Staff: Mike Gaffron) SCHEDULED PUBLIC HEARINGS 7:30 PM 5. #02-2755 Long Lake Fire Station -City of Orono, 340 Willow Drive North, Class III Subdivision, CUP, Variance (Staff: Mike Gaffron) NEW BUSINESS Review of these items will commence before or between scheduled public hearings. 6. #02-2745 Ilona and Kenneth Peterson, 1074 ,vildhurst Trail, Variances (Staff: Paul Weinberger) 7. #02-2746 Mark Finney, 3210 North Shore Drive, Variance (Staff: Paul Weinberger) 8. #02-2747 Tonka Ventures, 3749 Livingston Avenue, Vacation (Staff: Paul Weinberger) 9. #02-2748 Richard A. and Nancy Marzan, 2795 Pheasant Road, Variance (Staff: Wendy Botten berg) 10 . #02-2749 Thomas P. Egan, 350,360, and 370 Big Island, Vacation (Staff: Paul Weinberger) 11. #02-2751 Mark Welsh, 3625 North Shore Drive, Variances (Staff: Paul Weinberger) 12. #02-2753 Wesley Byrne, 2817 Casco Point Road, Variance (Staff: Paul Weinberger) 13. #02-2754 Matthew and Kathy Dolliff, 2680 Pheasant Road, Variance (Staff: Wendy Bottenberg) PLANNING COMMISSION COMMENTS 14. Report of Planning Commission representatives attending Council meetings January 28, 2002 and February 11, 2002. . 15. Other issues for discussion. 16. Planning Commission approval of minutes for January 22, 2002. 17. Selection ofrepresentatives for City Council meetings on February 25, 2002 and March 11, 2002. ADJOURNMENT 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 _heariiigs in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 19, 2002, beginning at 6:30 p .m . on the matter of reviewing the following land use applications: 1. #02-2740 2. #02 -2745 3. #02-2746 4 . #02-2747 5. #02-2748 6. #02-2749 7. #02-2750 Jeffry and Nancy Twidwell,-1865 Concordia Street, request lot area, lot width, hardcover, and structural lot coverage variances to permit construction of a new residence . on the property, and request a variance to keep the existing deck located within the 75' lakeshore setback. Ilona and Kenneth Peterson, 1074 Wildhurst Trail, request a variance to permit new home construction on a lot less than 1 acre in size in the LR~ IB zoning district, a variance to permit construction of a detached garage encroaching into a protected wetland and land alteration within the 26' wetland buff er area. Mark Finney, 3210 North Shore Drive, requests a variance to permit construction of a residential addition 5' from the west side property line where a 1 0' setback is required, variance to permit construction of a detached garage 5' from the side property line where a 1 0' setback is required, and a variance to permit additional hardcover over 25% within the 75-250' lakeshore setback. Tonka Ventures, 37 49 Livingston A venue, requests vacation of a 1.5' section of a drainage and utility easement, dedicated on the plat of Lake Minnetonka Woods. Richard A. and Nancy Marzan, 2795 Pheasant Road, request a variance to permit a structure and deck located within the 7 5' lakeshore setback to remain . on the property subsequent to removal of the existing principal residence. Thomas P. Egan, 350,360 and 370 Big Island, request vacation of a: portion of Massasoit A venue as dedicated on the plat of Morse Island Park Second Addition. Michelle and Edward Winer, 2010 Shoreline Drive, request a variance to permit construction of an addition located within the average lakeshore setback. 8. #02-2751 9. #02-2752 10. #02-2753 11. #02-2754 - Mark Welsh, 3625 North Shore Drive, requests variances to lot area, lot width, 0-75 hardcover, 75-250' hardcover, 75' lakeshore setback, and to permit construction of a 42' X 28' new residence on the property 5' from the side property line where a 1 O' setback is required, and to permit the new structure within 1 O' of an adjacent building. Jerry and Cindy Gray, 880 Partenwood Road, request variances to permit an alteration to existing hardcover over 25% for construction of a lakeside screen porch and deck, and variances to permit installation of a new driveway increasing hardcover within the 75-250' lakeshore setback from 7,321 s.f. (38%) to 8,394 s .f. (44%) where 25% is allowed. Welsely Byrne, 2817 Casco Point Road, requests a hardcover variance to permit a residential addition, including an attached garage and additional living space. Matthew and Kathy Dolliff, 2680 Pheasant Road, request a hardcover variance to permit a 467 s.f. addition to the residence. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by February 15, 2002 . Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Paul Weinberger, Zoning Administrator/Planner To be published the week of February 2, 2002. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office -{ .::.t, __ .;~~·:,.<:.~ . .:... CITY OF ORONO f-. :~: "t-(;6'. #02-2749 Thomas P. Egan, 350, 2750 Kelley Parkway, P.O. Box 66 _;.,-:''36f)'and 370 Big Island, request vacation Crystal Bay, MN 55323 ; 1-· .. ·:·qt a portion of Massasoit Avenue as ded- Phone (952) 249-4600 _) · ii::ated ·on the plat of Morse _Island Park FAx (952) 249-4616 Second Addition . . . 4 .' The Planni~g Commission will hoid public hearings in the Council Chambers at. 2780 Kelley Parkway on Tuesday, . February 19, 2002, beginning at 6:30 p.m. ... 7 . #02-2750 Michelle and Edward Winer, 201 o Shoreline Drive ,' request a variance· to permit construction of an addi- tion located within the average lakeshore setback. · on the matter of reviewing the following 8 . #,02-2751 Mark Welsh , ;3625 land use applications : · . •.North St,ore Drive , requests variances to ,,. • . lot area, lot width, 0-75 hardcover, 75-250' 1. · #02-27 40 Jeffry and Naricy ,. hardcover, · 75' lakeshore setback; and to Twidwell, 1865 Concordia Street, permit construction of a 42'X28' new resi- request lot area, lot width, hardcover, a'iid dence on the property 5' fror,n the side structural lot coverage variances to pern;iit property line where a 1 0' · setback is construction of a new residence on the required, and to permit the new structure property, and request a variance to k~~p within· 1 0 ' of an adjacent building. the existing deck located within the o/5' lakeshore setback. '' 2. #02-2745 Ilona ari'd Kenneth Peterson , 1074 WlldhurstTrail , request a variance to permit new home construction on a lot less than 1 acre in size in the LR- 1 B zoning district, a variance to permit construction of a detached garage encroaching into a protected wetland and land alteration within the 26' wetland buffer area. 9 . · #02-F52 Jerry and Cindy Gray; 880 Partenwood .Road , request vari- ances to permit an alteration to existing hardcover over 25% for construction of a , lakeside screen porch and deck, and vari• ances to permit installation of a new dri- veway increasing hardcover within the 75- 250' lakeshore setback from 7 ;321 s.f. (38%) to 8 ,394 s.f. (44%) where 25% is allowed. · 10. #02-2753 Welsely Byrne, 2817 Casco Point Road, requests a hardcover variance to permit a residential addition, including an attached garage and addi- tional living space. 11 . #02-2754 Matthew and Kathy Dolliff, 2680 Pheasant Road , request a hardcover variance to permit a 467 s.f . addition to the residence : · · 3. #02-2746 · Mark Finney, 3210 North Shore Drive, requests a variance to permit construction of a residential addition 5' from the west side property line where a 10' setback is required , variance to permit construction of a detached garage 5' from the side property line where a 10 ' setback is required, and a variance to permit additional hardcover over 25% within the 75-250' la kes hore setback. All persons wishing to be heard are . encouraged to attend this meeting. 4 . #02-2747 Tonka Ventures , 3749 -Written comments are accepted and shall Livlngsto.n Avenue, requests vacation of . , be submitted to the City of Orono by a 1.5' section of a drainage and utility · February 15, 2002 . Plans are available in easement, dedicated on the plat of Lake the City Offices. . For an appointment, Minnetonka Woods . please call (952) 249-4600. 5 . #02-2748 Richard A. and Nancy · Marzan , 2795 Pheasant Road , request a variance to permit a structure and deck located within the 75' lakeshore setback to remain on the property· subsequent to removal of the existing principal resi- dence . . -__ City of Orono · By : Planning Commission Paul Weinberger, Zoning I Administ rator/Planner , -1 (Published in The Laker and Pioneer Feb . 2 , 2002) Aff ·avit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as amended. B.) The printed __ L_a_n_a_u_s_e_A_P_P_l_i_c_a_t_1_· o_ns which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks . It was first published Saturday the _2_ day of __ F_e_b_r_u_a_r_y __ 2002, and was thereafter printed and published every Saturday, to and including Saturday, the __ dayof&# /4! 2002; 'Authorized Agent Suscribed and sworn to me on this _2_ day of __ F_e-+b_r_u-+a_r__.,__ __ , 2002. KRISTI HOLM NOTARY PUBLIC· MINNESOTA My C0lnmlssion Expires Jq11 . 31, : X 5 2 28883 3 2 2a:ea;:.2 3:v .. Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15 .50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5 .79. City of Orono -Joint Notification Form Vacation Request of Public Right-of-Way Located at 350, 360 and 370 Big Island City File #02-2749 Reliant Energy Attn: Steve Von Bargen Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 Xcel Energy Attn: Sharon M. Price Siting and Land Rights 414 Nicollet Mall Minneapolis, MN 55401-1993 Wright Hennepin Electric Company P.O. Box 330 Rockford, MN 55373 Date: January 31, 2002 Applicant: Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 952-476-8376 Mediacom 1504 2nd Street S.E. Waseca, MN 56093 Qwest 9700 Schmidt Lake Road Plymouth, MN 55442 Verizon/GTE Telephone Operations 2378 Wilshire Blvd. Mound, MN 55364 City of Orono Attn: Greg Gappa, Public Services Director P.O. Box 66 Crystal Bay, MN 55323-0066 Request: The City of Orono has received a request by the owners of properties located at 350,360 and 370 Big Island to vacate a potion ofundeveloped platted right-of-way. The right-of-way was dedicated, and shown as "Massasoit A venue" on the original plat of Morse Island Park. Purpose: The right-of-way on Big Island in undeveloped, but is open to allow property owners interior island access. The property owners primary reason to vacate the roads is that the individual houses are partly or fully within the public right of way. See attached Certificate of Survey. Comments: Any comments should be received by the City of Orono by February 18, 2002. A public hearing to consider the vacation request is scheduled for Tuesday, February 19, 2002. Comments should be mailed or faxed to: Paul Weinberger, Zoning Administrator City of Orono P.O. Box66 Crystal Bay, Minnesota 55323-0066 hone: 952-249-4600 fax: 952-249-4616 ' ' ' ' ' ~' 8 (3) ... , ~.', ~~, ' ' ' ' ' I I I I I I I I I I I I I I I I I I I I I I I I I .q .f'! r~, ... ., .: . . \ ;.,};_~_"{~-,:,_, / ·• / i' e.i r•~::•~7 ,, .·-; _,..,.., ·. J __ ,;,·· •··. -~--:-·J ~\ . . .. ~~~~;i~·} '.'::.·,1) . .: .tJ:; I~ I I J I I I I I ,. I i I ,, i I I I I I i : -1 . i I i I I i i I I ! ' I I I I ! ; I I / I I Ft'', I ' I I / I : 1 / / I i I I!;/ 11 I { II 1· I )--. ,,,, ... -·-... ..., 0 ... 0 .,, ---;> IJL _,.. '9 ~ '::> -t ... vi ::. .. , IF'1,., \.. VJ ~ 1 . / . {'r;1 d / ll . 1£1,--o / C) A 11 Si I I:' , UJ A j )- 0- 0 CJ t- <C ~ ~ PA , I ,/_-: -i ) ' I I I rf If /lf / JI 1)// I · , 'I i 'Jk { < >( ( ·' N35.40'09 1 W G 175.54 /<11/ /l;/ ,r / ,I -I I I ,I . I I i / /II I / '". -. I -~7··. -- / / northeasterly line of Lot 2 ~ / ·_\:•· · • I I , I 91 91 \ • I / I ,"., fv ,_ •. '> . . /., I I I / ,(l> :y.· ' \~-': 0\ ,l. I i O , r .': ,·. . · . . , ', 0:' I lo ,· · · Y · -. . · ·.-: O\' < , I I ( ~ I .::-:"f ~ ' r., ..,__Jf I I I ', _·, .· .. ·, d . : . . •, ,, A'° I I / -. 'l ·.. / ~ '\ I i , \ 202 ' .:, ., .... ' : ~ l , ; . "" w .. _,.r. . ~ \ L,J I ' .,I' • --·~.•\j,'· I .. ' ' ' " :.l co • -· . t; ~ : . (X) ' I ,,• -~ -, • ·. ' ·. - I ' ~ ( ~ i . . I I \;~'.--- ,, " '-_., -· I ' ' , __ _...1 ... "' .· ·-(\J'I,-.. ·• o--i ' . -..,. ji, .• ". -· .. c:, -~ \ I \ ': I ~ cxi .. '°~ t,.. : · 1 I 2, O lO -o CJ\ \ 1" ~I lO -tn 'I-/ ' I'(), "I :Z: . ,,_ :Z: I : '. ' I , I 1 --· ' l l N48•48'07'\J 17J,22 _ /' ---' ,._ ---I I .·,.· •, ... ~ __ .. , .. · ' • -----I ·, .. t · .' , OJ \ , , --1• ':l -: ' .. \. ,·'>-. V ~ (\j < , ..... ' '.··-(\} 0 I '. '\. ,~_-I_ . . I I I ,~ , i. ·+>0 .. ':~:I ~ ot ~· 0) 33 \ to K .. ',\O 0) ....... ~ <:::) ...... ... \0 'q- () , \_ ! o·1 '-.... ,1.00 ; 1 .• " ~ I ---~-,...-""1 .. .._ . ,,,,,,, '-~!---- /', -....-.-':" ·.-·. I ', . u~• of Lot 2 ' so~•v,•••ter\Y u~• of Lot l \. L-_..i.-------~. J}:3 _j -~': CO 2 -4.3 u·-. · ... .,:: '-':: 0\ (Y) 0) (),j ~ <. -..... :· c. :I=<~ , : ._c ~'-. 0\ ·--\ ·.' ...• \ -0 >. "Q ,-,·-\ ..• \.: ~-co '1l . '-"5 • ··<·· ·J(: : -O> 25.3__..-\ 0 C:Q .'.ti· • ... t.. • ., -... \, ·1"0 ~tneo.s-ter?>' ~ \ ~ t, ,:-o· > \< o .....t'' · . ._. • ~ . 'o•· \.~< ·::-'-4· \ .... ~ :>~ .\i.t,<'· ·:<. I-~ ... )\·-·'>~·-) ()- 1..i... . , -eus.-<->> / +' 0 J. 4- 0 l_.--z_-4,3~: -~:,<. _1.>ti/. L-...,.1,~· ~~·'i-> -~ --~~:/•cJ_:i::~:.::,, _•.l .. g:cxi';t'.f UJ~co · .L cu C L, o· u. ' -~ .<'-~-,~:<----"""· ~ ' \0:-:-., ... :-,.. g"f ';;, \ :· .-. ...,. :>'tg ~· !\; I ....... ~,\I:> . t C) ·. · · \ , · l:.:'o> +' .._, . ..6f•, I . ' ~ y .. o ·,' ' "·' • I 0 ' - c;.:_ 1 -✓ L t . l~e of ~ . . ' 77-. ' "' , ..... _., .. , 1 • .xVE· '" .. . . ( """ ll"P" o" . ;: ' ., •~ : I --· ecD -._,. n ., f. .. (") {") .... , I . ( ' / ) ·\. ) i •• i -· -...j~· ..... , .. \, ... ·., ', --------- ~ ·~ r ' ,,,,,-,j 0 ./·/ .w:•.-.••.•••• . i ,. . t'I>- ·:. ,, .,;,i· . ~ -----_________ _..--···-··-·-............ _ A' I \ . \ -· ,_ .. ,._ ,.,1), /' I I , ~ ~ ' . ,, ,, -. / /~ ,J /~ ~ § ~ ,, ' / Application .# {) Z.-2 71/ CJ Date Received I -2 ~ -o 2. Amount Paid ._/ 3 00 CITY OF ORONO -GENERAL LAND USE APPLICATION . PROPERTY LOCATION Site Address 3 SO J 3 f, 0 t 3 7 0 P-, 1 , J:: ~I~ !,.;ti Type of Application to be Filed __,\L"--"-9 .... l-::;;...;.~L.:.r_, '0---'AJ=---------------- Property Identification Number (P .1.D .) _________________ _ APPLICANT -J Name /ho h q..t f.. ~1 cuv Phone (home) 7.f"Z--476,.._Jl--J ¥ Phone (work) 76) ~ Sf7~/1/1 Address /40f f/o/rlrt'c(.;c C,'r,:)~ City W,,, y -z ~v/2 Zip S-f .J ? I OWNER (if different than applicant) Phone (home) _______ _ Name ________________ Phone (work) _______ _ Address _____________ City ________ Zip ____ _ Date PreAcquired Alf,. re/,_ o/1 I 7 Pf I (do) ~ o not also own the adjacent parcels of land. FEES -CONDITIONAL . USE PERMITS - ___ $ 7 5. 00 For each variance request . with CUP application $17 5. 00 Residential Accessory Use --- ---$250.00 Institutional (church, school, etc.) ---$225. 00 Guest House/Guest Apartments ---· $200.00 Duplex Credit/Bldg --- --- --- --- $3 00. 00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -501 cu . yd. or more · Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $150.00 Renewal Fee (no change from original application) ___ After-the-'Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consµltant fees) -v--~ $300: 00 Vacation $200. 00 Easement Vacation --- $100. 00 Easement Vacation With Subdivision --- ---$350 .00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment __ $100 .00 Appeals Other -see Fee Schedule --- 5 (month/year) ,, REQUIRED SUBMITT.&.LS 1. 2 .. 3 .. 4. 5. 6. 7. 8. 9. __ Completed Application Form. __ Describe request in detail. __ Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey. c:.v 1 __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ' __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ~-Coostruction plan, if applicable (see staff for requirements). \;-' \.:I\·~. ~-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 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff ____________ Date __________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature~ OWNER'S SIGNATURE Date l/2_J/ oz. --,,'---~----- The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ~ Date //2J/oe_ 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. ' ' ' ' ~' .,.., -i-_, TC>.', ~, 8 (3) ~' ' ' ' ' ~ (2) g iil . i' 1ao.1 10 (72) 179,75 9 179.9 8 (12) .' i' L; :<l ' ' ' ' ' ~' 'v' ,z,._, 1r;,.', ~~' ~i, B (3) ' ' ' ' ' ' ' (2) (3 23-117-23-@ ::: , u Ill RUN DATE 11/14/01 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 23-117-23 32 0003 00340 BIG ISLAND RICHARD G HANSON MARILYN LATHAM 623 LAKE STE WAYZATA MN 55391 38 23-117-23 32 0039 00350 BIG ISLAND G W CRASWELL & CD CRASWELL GARY W & CYNTHIA.D CRASWELL 3451 CALLE QUATRO W GREEN VALLEY AZ 85614 38 23-117-23 32 0047 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0057 00390 BIG ISLAND ROBERT W BAILEY ETAL ROBERT W BAILEY 2700 HILLDALE AVE NE ST ANTHONY MN· 55418 38 23-117-23 32 0061 00320 BIG ISLAND JOHNS DEAN JOHNS DEAN . 837 N 63RD ST WAUWATOSA WI 53213 38 23-117-23 32 0066 00330 BIG ISLAND JOHN ALLEN EIDEN JOHN ALLEN EIDEN PO BOX 24 330 BIG ISLAND EXCELSIOR MN 55331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 32 0035 00340 BIG ISLAND RICHARD G HANSON MARILYN LATHAM 623 LAKE STE WAYZATA MN 55391 38 · 23-117-23 32 0040 00340 BIG ISLAND RICHARD G HANSON RICHARD G HANSON 370 UNIVERSITY AVE W ST PAUL MN 55103 38 23-117-23 32 0049 00310 · BIG ISLAND NANCY ,LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0058 00380 BIG ISLAND KATHERINE SCRIVER ETAL JEANNETTE S BURCH BOX 1 CANNON FALLS MN 55009 38 23-117-23 32 0063 00420 BIG ISLAND MB FRUEN & RH FRUEN MICHAEL FRUEN 9911 13TH AVE N MPLS MN 55441 38 23-117-23 32 0067 00430 BIG ISLAND ELIZABETH ANN BRENNAN TIMOTHY C LOVETT 12400 MARION LN W ff3306 MINNETONKA MN 55305 REPORT NO. PI435401 PAGE 4 38 23-117-23 32 0037 00370 BIG ISLAND / GWENDOLYN s LARSON ETAL low.ell GWENDOLYN S LARSON 6500 JAMES AVES RICHFIELD MN 55423 38 23-117-23 32 0046 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0055 00400 BIG ISLAND NANCY L GRANRUD ETAL ROBERT E GRANRUD 1809 COLVIN AVE ST PAUL MN 55116 38 23-117-23 32 0060 00360 BIG ISLAND T P EGAN & CA EGAN THOMAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CIR WAYZATA MN 55391 38 23-117-23 32 0065 00410 BIG ISLAND RICHARD W FRUEN ET AL GREGORY B O'CONNOR 1925 86TH ST W UPPER INVER GROVE HEIGHTS MN 55077 38 23-117-23 32 0071 00440 BIG ISLAND W L & PA THORKELSON W,L & PA THORKELSON 7600 GOLDEN VALLEY RD #209 GOLDEN VALLEY MN 55427 Lec..,,..so-n Ill C. c... c... (., L L, c... (., L ·c.., L RUN DATE 11/14/0i BATCH '502 PROP ADDR OWNER NAME TAXPAYE~ TOTAL BATCH NAME/ADDR 502 00018 Q ,.--::;, -•-.:~i;. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO . PI435401 PAGE 5 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURAJE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTME~T OF PROPERTY TAXATION, TO THE 8EST OF MY KNOWLEDGE 1 AND BELIEF. DATE //-/5--0/ BY ';<CVL<'"'<,./ ~ J I ....) CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential info,rmation. You are notified that: 1. The information you furnish 'will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself 6. Your full name is required to process this application or permit. First Middle Address A/\1\l {I..:J 7 I 1sz. ~41t-?,.J 7~ State Zip Phone Signature 7 Telephone (612) 473-7357 • FAX 473-0510 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 8 TRACKING SHEET FILENO. (j~-;).7<-/9 Staff: . 0 Meeting with Staff: ---------- □ □ Date Application Completed: 1-23-0 ·2_ Incomplete Notice Sent: --------- 0 Date Property Owners Notified: ------ D Date Legal Notice Published: -z-}-0?... □ PC Meeting(s): 2-/'t -0"2-. □ · Notice of PC Action: 2.-2..'2?-0Z. □ City Council Meeting(s): 2 -2. s; -0 "L 1 • t1 ?~v k GDY'1Vll1 □ Resolution X:\APPS\WPWIN60\\VPDOCS\CAROLE\FOR.MS\TRKNG.SHT Thomas P . Egan 1408 Holdridge Circle Wayzata, MN 55391 60 Day: 3-'2.. 0 -O 7- t'-, +-~V\J O'\.'l s -/-0 2 Ne.w DeClJ1hl_ s-/1:_ 9 /0 z_ Vote: 0-·o ~ P°'-"r'R Q ~ If--,~ Vote: ?ev l ei.J Vote: Vote: t/-0 . ~ lo P t:,vy k . er cTY'-1 ,.,... ; .s ...s. : Vote: -~· Vote: V --k : ADDITIONAL VACATED RIGHT OF WAY That part of Massasoit Avenue, as dedicated on Morse Island Park Second Addition 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. 2,718.8 sq. ft. Area of Vacated Avenue r�. �j r {0 139 {o� N76'� 44.28 _5 �L LOT t t 49,19 �(0 :e' MINNETONKA 0 0 Denotes Avenue to be Vacated LEGAL DESCRIPTION # That part of Lot G, MORSE ISLAND PARK, lying. between the northeasterly line and the south- westerly line of Lot 2, MORSE ISLAND PARK SECOND J I-" G4 ADDITION produced southeasterly to the shore lk LEGAL DESCRIPTION: . of Lake Minnetonka and Lot I and that part of Lot 2, Morse Island Park Sec3oDd Addition, lying west of a line running from That part of Lot 2. MORSE ISLAND PARK SECOND ¢ the southwest corner of said Lot 2 to a point on the ADDITION, lying east of a line running from the north line of said Lot 2 distance It' feet northeasterly southwest corner of said lot to a point on the from the northwest corner thereof; and alto that part north line distance 17 feet northeasterly from of Lot G of Morse Island Park lying southwesterly of the'z southwesterly line of Lot 2 Morse Island Park Second the northwesterly corner thereof; Addition produced southeasterly to the shore of Lake P .y And that part of vacated avenue described as follows: Minnetonka, Hennepin County, Minnesota. That part of Massasoit Avenue, as dedicated on \t .gorse Island Park Second Addition which lies p Arica that part of vacated avenue described as follows: between the southeasterly extension of the l j That part. of Massasoit Avenue, as dedicated on southwesterly line of Lot 2, said addition, and % Morse Island Park Second Addition which lies the southeasterly extension of the northeasterly fl between the southeasterly extension of the line of said Lot 2. southwesterly line of Lot 1, said addition, and the .southeasterly extension of the northeasterly ling of said Lot 1. Parcel Area: Parcel Area: 29,645.4 sq. ft. 25, 777.2 sq, ft. 2s9, 645, 4 sq. ft. 25, 7f 7.2 sq. ft. with vacated avenue without vacated avenue with vacated avenue without vacated avenue l hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land File No. 11506 f Revised: 2/01/02 PUPARED ' DEMARS-GABRIEL Surveyor under the .tans of the State of Minnesota. LAND SURVEYORS, INC. Ply Harbor Lane No. Plymouth, b1N 5447 As surveyed by me this 7th da_v of November oo ql. 9E Book —Page PrODosed t.reet Vaeationfir. �'o .� n Phone:(.83) 55 -0908 Liar: (763) 659--0479 it DAi� D E. CR K, L.S. Minn. Reg. No. 22414 i Seale I 1 "=30€