Loading...
HomeMy WebLinkAboutProject Packet~ ~ ,. .Dts fri C t.,L' ~ /.o~//'J6 re'~ A-~ ~~ 'I 1'7'-'J t:"'-r,_ O" I!':> ~rAfo.,ee:, (/Jirl,,L/Pec..,"-5n,z,,u~~ • -/00 .P (A.J.j s. ,-CV r: /-zY· 2- -P~s.u~ .rrt2M I- !-#JV I t? F ~ tA-<' s. -~·---1 J. I ("" f VV -I l 0 l)e~ I S , -ve::-(_}L/ ~t) ry or-J A-r-F LIM-APf'tA. c 11\JA ...,-~ u~ /N ~ °t I 17~D;AJG svt ~/;'1-117"7fcK--oF ~ CITY OF ORONO 2750 Kelley Parkway, P.O. Bo x 66 C rystal Bay, MN 55323 Phone (6 12) 249 -4600 Fax 249- 4 6 1 6 NOTICE The Planning Comm ission will hold public hearings in the Council Chambers at 2780 Ke ll ey Parkway on Monday, March 20 , 2000 be ginning at 6:30 p.m. on the matter of rev iew ing tne following lil,nd use applications : 1. #2547 Kimberli and William Abbott, 470 Bi ~ I sl a nd, request after-th e-fact variances to pe rm it 'St ructure to be located w ith in 75 le.et of the la kes hore and encroach ment into the averag e lakeshore setback. The request includes after -the-fact va ria nces for hardcover in the 0 -75 foot lakeshore setback. 2. #2551 Thomas Michael Randgaard , 2765 Sh a dywood Ro ad, requests a co ndition al use permit to permit a 16 ' extens io n of a permanent dock within Car man's Bay of Lake Minn eton ka. 3 . #2486 Elaine Er ickson , 1 270 Spru ce Place , reques ts lakeshore setback , average la keshore setback , lo t coverage and ha rd cover variances to permit constructi on of a new re sid ence on the property and a con ditional us e permit to per mit grad ing wit hin 75 fe et of the lakeshore. 4 . #2560 Gary Marqua rdt, 2617 Casco Point Road, requests variances to all ow 3,557.5 square feet (27 .95 %) hardcover in the 75 -250 foot lake shore setback , where 3,204 .7 square feet (18 .9%} exists and 25% is all owed, and a lo t coverage variance to permit gre ate r th an 15% stru cutral coverage on the lot to perm it co nstruction of a 29'x24 ' attached garage . 5. #2562 Cornerstone New Testament Church, 850 Wayzata Blvd . West , requests a conditional use permit for a church in the RR - 18 Zoning District, and variances to permit a 32 square foot sign , where 12 square feet is permi tted . 6. #256 4 William Scott Dampier, 3550 Ivy Place , requests variances for lot coverage and hardcover within the 75-250' setback to permit an addition and remod eling to the existing res idence , 7. #2565 Peter Scherer, 15 Orono Orch ard Eload.-,e.q uests a variance renewal for lot wid th . Th e propt,ny IS in lilt nn 10 zon ing district requiring a 200 foot lot wid th for new construction. Subject lot is approxi mately 40' in width. 8. #2566 James Langhans, 1366 Rest Point Road, requests variances to permit alteration of a non-conforming hardcover to permit 29 .3% hardcover in the 75-250' lakeshore setback where 25 % is allowed for an addition to the res idence and replacing a lakeside deck . All persons wishing to be heard are encouraged to attend this meeting. Written comments are sol icited . Plans are available in the City Offices . by appointmen t. For an appointment, pl ease call 249-4600. City of Orono By : Planning Commiss ion Paul Weinberg er Zoning Administra tor (Published in The Laker and Pioneer March 4 and 11 , 2000) RECEWEO Wifl.R OB 2000 -v uruRONO G\\' Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. 8.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 4th day of __ M_a_r_c_h ____ 2000, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 20_ Authorized Agent Suscribed and sworn to me on this 4th day of -+=a=r:...:c~h=-------' 200 0 . By:._-_!JL.!<!.!UL--: "~(/ ~"""'-'jn}~--------=~- Notary Public KRISTI HOLM NOTARY PUBLIC· MINNESOTA My Comm iss ion Expires J911 . 31, 20 05 Rat e lnformatfon (1) Lowest classified rate paid by commercial users for comparable space: $13.45 per inch. (2) Maximum rate allowed by law for above matter: $1 ~.45. (3) Rate actually charged for above matter: $7.49 per inch . Each additional successive week : $5.44. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 · Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, March 20, 2000, beginning at 6:30 p.m. on the matter of review1ng the following land use applications: 1. #2547 2. #2551 3. #2486 4. #2560 5. #2562 6. #2564 7. #2565 Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75 feet of the lakeshore and encroachment into the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-75 foot lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit to permit a 16' extension of a permanent dock within Carman's Bay of Lake Minnetonka. Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average lakeshore setback, lot coverage and hardcover variances to permit construction of a new residence on the property and a conditional use permit to permit grading within 75 feet of the lakeshore. Gary Marquardt, 2617 Casco Point Road, requests variances to allow 3,557.5 square feet (27 .95%) hardcover in the 75-250 foot lakeshore setback, where 3,204.7 square feet (18 .9%) exists and 25% is allowed, and a lot coverage variance to permit greater than 15% structural coverage on the lot to permit construction of a 29'x24' attached garage. Cornerstone New Testament Church, 850 Wayzata Blvd. West, requests a conditional use permit for a church in the RR-IB Zoning District, and variances to permit a 32 square foot sign, where 12 square feet is permitted. William Scott Dampier, 3550 Ivy Place, requests variances for lot coverage and hardcover within the 75-250' setback to permit an addition and remodeling to the existing residence. Peter Scherer, 15 Orono Orchard Road. requests a variance renewal for lot width. The property is in the RR-I B zoning district requiring a 200 foot lot width for new construction. Subject lot is approximately 40' in width. 8. #2566 James Langhans, 1366 Rest Point Road, requests variances to permit alteration of non-conforming hardcover to permit 29 .3 % hardcover in the 7 5- 250' lakeshore setback where 25% is allowed for an addition to the residence and replacing a lakeside deck. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. City of Orono By: Planning Commission ?aJ;J~t--1 Paul Weinberger, ZoningA~istrator!Planner To be published the week of March 4, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #254 7, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of February, 2000. CITY OF ORONO 2750 Kelley Parkway, P.O ._Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Plannning Commisison will hold public hearings in the Council Chambers at 2780 Kelley Par.kway on W.edne.:.5day,-~ February 23 , 2000 , beginning at 6 :30 p.m. on the matter of revie wing the following land use applications : OLD BUSINESS 1. #2547 Kimberli and William Abbott, 470 Big Island, request after-the -f act variances to permit structure to be located within 75 feet of the lakeshore and encroachment into the average lakes_hore setback . The request includes after-the-fact variances for hardcover in the 0-75 foot lakeshore setback . 2. #2551 Thomas Michael Randgaard, 2765 Shadywood Road , requests a conditional use permit to permit a 16 ' extension of a permanen t dock with in Carman 's Bay of Lake Minnetonka . 3. #2556 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to perm it new residential construction on property less tha n the on e acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District ; a front yard setback variance to perm it a 21.37' setback , where 35 ' is required ; variances to permit hardcover in the 0-75 foot lakeshore setback , where no hardcover is allowed ; and variances to permit structure within 75 feet of the OHWL of Lake Minnetonka , where no structure is all owed. 4 . #2558 Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the ex isting residence and to replace a lakeside deck within the shoreland setback . NEW BUSINESS 5 . #2486 Elaine Ericks on , 1270 Spruce Place, requests lakesh ore setba ck, average lakeshore setback, lo t co verage and hardcover variances to per mi t con structi on of a new re sidence o n the pro perty and a conditional use perm it to permit grading within 75 leet of the lakesh ore . 6. #2559 Gilbert Gehle , 1992 Baldur Affidavit of Publication State of Mi nnesota, Co unty of Hen nep in. 3ill Holm, being· duly sworn on oath , says that he is m au tho ri zed agent and employee of the publishe r :>f the newspaper known as T HE LAKER , Mound, Minnesota , and has full knowledge of the f acts which are stated be low: Park Road,requestsavariance)o~llow750 A.) Th e n ew spa pe r has compl i e d with all t he square feet {8 .58%) hardcover within 75 feet of the lakeshore where no hardcover is r equiremen t s constit ut ing qualificati ons as a allowed, and a varia nce to al low 5,38 0 sq uare feet {35.42%) hardcover in the 75-250 foot qualified new spape r, as provided by Minnesot a lakeshore setback where 25% hardcover is • allowed, to permit a new residence to be Statu te 331 A.02 , 331 A.07, and other applicable constructed on the lot. I d d aws , as amen e . 7. #2560 Gary Marquardt, 2617 · Casco Point Road, re qu ests variances to all ow 3,557 .5 square feet (27.95%) hardcover 8 ) The printed in the 75-250 foo t lakes hore setback, where • La nd Use Applicat i ons 3,204 .7 square feet {18.9%) exists and 25% is all owed, an d a lot co verage var iance to permit greater than 15% structural coverage _____________________ _ on the lot to permit co nstructi on of a 29'x24' • • • attached garage . which 1s att ached was cu t from the columns of said 8~ #2561 Frank and Barbara Peters on, newspape r, and w as printed and publ ished once 1261 Arbor Street, request var iances fro m each w eek for 1 success ive weeks · yard setbacks and lot coverage to permi t • construction of a 32'x28' detache d garage to be lo cated 1 O feet from the north pro perty line . All persons wishi ng to be heard are encouraged to atte nd this mee tin g . Written co mments are so licited . Plans are availab le in the City Offices. For an appointment, please call 249-4600. City of Orono By : Planning Co mmission Paul Weinber g er, Administrator/Planner Z on in g (Published in The Laker and Pion eer Feb . 5, 2000) V It was fi rst published Satu rday the 5th day of F ebruary 2o_QQ_, and was t hereafter p rin ted and published every Saturday , to ~md including Saturday, the, ___ day of _______ 20 __ ; ~ ~ed Agent Subscri bed and sworn to me on this KRISTI HOLM NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31 , 2005 (1) owes c ass1 1e ra e pai d by com ~erc ial use rs for comparable space : $13 .4 5 pe r inch. (2) Maximum ra te allowed by law for above matt er: $13.45 . (3) Ra te actually charged fo r above matte r: $7.49 per inch . Each additional succ~ss ive week : $5.44 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, February 23, 2000, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: OLD BUSINESS 1. #2547 2. #2551 3. #2556 4. #2558 NEW BUSINESS 5. #2486 6. #2559 Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75 feet of the lakeshore and encroachment into the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-7 5 foot lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit to permit a 16' extension of a permanent dock within Carman' s Bay of Lake Minnetonka. Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to p_ermit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District; a front yard setback variance to permit a 21.37' setback, where 35' is required; variances to permit hardcover in the 0-75 foot lakeshore setback, where no hardcover is allowed; and variances to permit structure within 75 feet of the OHWL of Lake Minnetonka, where no structure is allowed. Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the existing residence and to replace a lakeside deck within the shoreland setback. Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average lakeshore setback, lot coverage and hardcover variances to permit construction of a new residence on the property and a conditional use permit to permit grading within 75 feet of the lakeshore. Gilbert Gehle, 1392 Baldur Park Road, requests a variance to allow 750 square feet (8.58%) hardcover within 75 feet of the lakeshore where no hardcover is allowed, and a variance to allow 5,380 square feet (35.42%) hardcover in the 75-250 foot lakeshore setback where 25% hardcover is allowed, to permit a new residence to be constructed on the lot. 7. #2560 8. #2561 Gary Marquardt, 2617 Casco Point Road, requests variances to allow 3,557.5 square feet (27.95%) hardcover in the 75-250 footlakeshore setback, where 3,204.7 square feet (18.9%) exists and 25% is allowed, and a lot coverage variance to permit greater than 15% structural coverage on the lot to permit construction of a 29'x24' attached garage. Frank and Barbara Peterson, 1261 Arbor Street, request variances from yard setbacks and lot coverage to permit construction of a 32'x28' detached garage to be located 10 feet from the north property line. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. To be published the week of February 5, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners William Stoddard, Daniel Kluth, Jay Nygard, and Sandra Smith. Commissioners Dale Lindquist and Janice Berg were absent. The following represented City Staff: Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, Public Works Director Greg Gappa, and Recorder Jackie Young. Mayor Gabriel Jabbour was present. Chair Hawn called the meeting to order at 6 :33 p.m . PUBLIC HEARINGS (#1) #2540 BRADLEY HOYT, 2523 KELLY AVENUE, AFTER-THE-FACT CONDITIONAL USE PERMITN ARIAN CE Due to the absence of the Applicant, this item was heard after Item #4. CONTINUED PUBLIC HEARINGS (#6) #2547 KIMBERLI AND WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 6:35 p.m. -7:16 p.m. Kimberli and William Abbott, Applicants , were present. Weinberger stated the Applicants are requesting after-the-fact variances to allow the continued existence of a lakeshore retaining wall and stairway system that was constructed without the proper permits sometime between 1987 and 1990. A primary issue for the Planning C.ommission to consider is how much of the extensive decking associated with the walls and stairway should be allowed to remain in place . Weinberger noted the .construction in question is located within the 0-75' lakeshore setback zone where normally no structure or hardcover is allowed . Weinberger stated the Applicants are hoping to purchase the property located on Big Island from Sam McCloud and to bring the property into compliance with the City's Codes. As a result of a superstorm in 1987, the lakeshore in this area experienced severe erosion damage. Sometime between 1987 and 1990 , Mccloud constructed an addition to the house, including a large deck, and also a massive retaining wall, stairway and deck system at the shoreline, all without the required permits. In February of 1991 , McCloud made an after-the-fact application requesting that the site improvements be approved as built. The Planning Commission had reviewed the request at its March 13 , 1991 meeting, and tabled the application with a request that McCloud submit a revised plan. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2547, Kimberli and William Abbott, Continued) Weinberger stated the current application by the Abbotts is simply a request for retention of the walls and stairway. Their request does not clearly specify whether they will accept removal of most of the decking. The current application also does not provide the plans that were required per the 1992 Planning Commission direction. City Staff reviewed this application as if the construction has not occurred. Staff is recommending the following: 1. Approval of land alteration conditional use permit and variance for retaining walls and stairway to remain, subject to: a) Removal of all decks except portions necessary as walkways between stairways. Also, removal of any retaining walls serving merely to support the deck. b) Modification of retaining walls to eliminate all portions in excess of 3-4 feet high, and to result in terrace widths not exceeding 3 feet. The intent is to create terraces that can be suitably planted to screen the wall system. Applicant to submit revised plans for City Engineer and Planning Commission to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining walls. Applicant to provide registered professional engineer certification for the retaining walls. c) Maximum allowed width of remaining walkways and stairs is 4 feet. d) Applicant is to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and size of plantings. Planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall modifications. 2. Approval of a hardcover variance only for the retaining walls and four foot walkway/stairway system. 3. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 4. Deck near the cabin shall be modified to eliminate encroachment into the 0-75 foot setback zone. 5. Applicant to obtain after-the-fact permit for cabin additions constructed without permit. 6. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the-fact variance/CUP/building permit application. Weinberger stated the Planning Commission may elect to recommend approval of this application subject to staff receipt and approval of design plans as specified in Item 1 prior to scheduling this for Council action; or the Planning Commission may table this item pending receipt of plans for Planning Commission. Weinberger noted if this application is tabled, an extension of the 60 day review period will be necessary since there was no December Planning Commission meeting. This application did appear on the November Planning Commission agenda, but due to the applicants not being able to be present at that meeting, the application was extended until February 20. Weinberger stated the next Planning Commission meeting is scheduled for February 23. Abbott stated he is not in total agreement with all the conditions stated tonight and would be willing to work with Staff to arrive at some kind of compromise. Abbott stated he is fine with Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2547 Kimberli and William Abbott, Continued) removal of the decks, but noted that a three foot terrace width would not be possible. Hawn inquired what the present height of the retaining walls is. Abbott stated the majority of the retaining walls are under four feet, with one area being approximately five feet in height. Abbott indicated he does not have a problem complying with the four foot height regulation. Abbott requested he be allowed to retain the present terrace width, noting if he is forced to comply with the three foot width, the entire structure would need to be removed and he would not then be willing to purchase the property. Kluth inquired why City Staff is requesting the three foot width. Weinberger remarked the three foot standard is stated in the State Building Code. Weinberger stated currently the width is approximately four to five feet wide. Abbott stated since the wall has existed since approximately 1987, the engineering of the structure has proven itself and should not wash out. Kluth commented the four foot height standard to his understanding is called for to prevent injuries should a child fall off the wall. Abbott stated a railing does currently exist on top of the retaining wall. Smith inquired whether the retaining wall will need to be calculated into the height of the retaining wall. Weinberger stated the structure is measured to the top of the railing. Hawn inquired what the height of the railing is. Abbott stated the railing is the standard 36 inches. Abbott stated the railing could be relocated further back from the retaining wall. Abbott commented currently the landscaping conceals the railing. Hawn stated the railing will still need to be included in the calculations. Abbott stated if that was the case, the retaining wall could only be one foot high, which would not be feasible. Hawn stated so far she has not heard anything that would substantiate the need for this retaining wall structure to be constructed back in 1987. Abbott commented it was his understanding some pictures exist in the City's file which show the condition of the shoreline. Weinberger stated he has not seen any pictures in the file of the retaining wall but that some may exist of the decking. Weinberger stated he could review the file to see if any photographs exist of the retaining wall and/or shoreline. Hawn inquired whether the Applicant or City Staff has a statement from the certified engineer which would indicate that this retaining wall is necessary to help prevent the shoreline from eroding. Hawn stated the Planning Commission needs to have a showing of need by the Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2547 Kimberli and William Abbott, Continued) Applicant. Weinberger stated City Staff is not in possession of a statement by a certified engineer. Abbott commented the storm experienced in this area back in 1987, necessitated the need for the retaining wall. Hawn commented that this property has been discussed for a number of years, with the present owner failing to bring this property into compliance or providing any evidence which would demonstrate a need for this retaining wall structure. Hawn stated the present property owner was told exactly what he needed to do to bring this property into compliance, which he has failed to do, and the same type of showing needs to be demonstrated with this application. Abbott stated the recommendations by City Staff appear to be the same as in the previous application. Hawn inquired whether there has ever been a finding that this retaining wall structure is necessary to prevent further erosion along the shoreline. Abbott commented he is attempting to resolve this issue. Abbott indicated if some type of agreement is not reached, he will not be purchasing the property. Hawn stated the cooperation of Mccloud is needed to help resolve this issue. Hawn stated the Planning Commission must act within City Code as well as existing law and precedent. Abbott stated he is in agreement that cooperation on McCloud's part is needed as well. Stoddard stated the City of Orono does not allow structures to exist within the 0-75' lakeshore setback. Stoddard stated the Planning Commission needs to have an opinion from an expert on the need for the retaining wall. Abbott stated he is willing to remove all decking within the 0-75' setback and is only asking for some leeway on the width of the terrace. Abbott stated in his view the railing should not be included in the calculation for the height of the retaining wall and some type of agreement will need to be reached on that issue as well. Hawn commented a one foot retaining wall will probably not be very effective, but that the Applicant will first need to provide some evidence that a retaining wall is necessary in this area before the design of the structure can be discussed. Abbott inquired if he produced pictures showing the erosion along the shoreline, whether that would be sufficient to demonstate the need for the structure. 1-!awn stated pictures and/or a statement by an engineer would help to demonstrate a need for retaining walls in this area. Weinberger stated had the property owner requested the proper permits prior to any construction being done on the property, City Staff would have requested evidence showing the condition of the property as well as a statement by an engineer to help demonstrate the need for the retaining wall. Weinberger indicated that information would then have been reviewed and approved by the City Engineer and Staff would have made a determination whether erosion along the shoreline was Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2547 Kimberli and William Abbott, Continued) in fact occurring. Weinberger stated he has not seen any photographs illustrating the condition of the shoreline prior to construction of the retaining walls. Hawn commented there appears to be a reference to the fact that the City Engineer did review this situation in 1991. Kluth stated he would be willing to accept a statement by an engineer or landscape architect. Kluth stated Gaffron's March 12, 1991 memorandum states, "The City Engineer has examined the structure in terms of the necessity of the retaining walls. He determined that the width of the bank does need some kind of a supporting system. He is suggesting that the walls with a height exceeding three to four feet be lowered, and that some interior walls be added. The City Engineer has indicated that the stability of existing walls is questionable. He also stated that the lower walls would be easier to screen from the lake." Kluth stated apparently the findings of the previous Planning Commissions have taken the recommendations of the City Engineer into consideration. Kluth stated this Planning Commission could either adopt the findings and recommendations of the City Engineer made in 1991 or they could elect to have the site re-inspected by another engineer. Stoddard indicated the Planning Commission is attempting to work with the Applicant on this issue, but noted that City Staff is unable to visit the site at this time of the year. Hawn :::ommented she is unsure whether photographs of the area would be sufficient to demonstrate the need for retaining walls. Hawn stated she would like to make a record demonstrating the need for the retaining walls. Abbott stated it is his understanding he needs to address whether the current retaining wall system is adequate as well as determine whether erosion has occurred to this area. Abbott inquired whether there were any other issues that need to be addressed. Hawn commented there probably are other issues that will need to be discussed, but inquired whether the Applicant would be willing to obtain a statement by an engineer demonstrating the need for the structure prior to those issues being discussed. Hawn stated it may not be possible to obtain that statement until the springtime, and inquired whether the Applicant would be wil1mg to wait. Abbott stated he would be agreeable to obtain an opinion by an engineer. Abbott inquired whether some agreement could be reached on the width of the stairway. Abbott indicated the structure was constructed out of railroad ties and could possibly be reduced somewhat. Stoddard stated in his view the width of the stairway is a small item compared to the overall structure. Stoddard stated he would be agreeable to leaving the width of the stairway as is if a benefit could be demonstrated. Abbott indicated he will probably be able to comply with the other conditions recommended by City Staff. Stoddard stated the Applicant will need to address whether retaining walls are needed in this area and also to look at whether the overall structure can be reduced and made to blend in more with the area. Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2547 Kimberli and William Abbott, Continued) Abbott stated he is willing to submit additional information on this application. Kluth stated he would like to see the Applicant obtain an opinion by an engineer on the necessity of retaining walls and how much of the structure is actually needed. Hawn stated it would be helpful if the Applicant submitted revised plans showing how he intends to have the structure constructed. Hawn stated there probably will not be any variances allowed on the cabin. Abbott stated an after-the-fact variance is needed. Weinberger stated after-the-fact building permits are needed on the cabin. Abbott indicated he is willing to update the septic system located on the property. Abbott stated he is willing to waive the 60 day review period on this application. Weinberger stated the Applicant is required to have one conforming septic site. Weinberger requested the Applicant be required to submit a letter requesting the extension of the 60 day review period. Stoddard moved, Smith seconded, to table Application #2547, 470 Big island, to allow the Applicant time to comply with the conditions and recommendations outlined in the January 12, 2000 Planner's Report, and subject to submission of a letter agreeing to waive the 60 day review period. There were no public comments regarding this application. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARINGS (#2) #2400 MARK AND ARLETTE PLOEN, 4345/4365 NORTH SHORE DRIVE, CLASS I SUBDIVISION OF A LOT LINE REARRANGEMENT, 7:17 p.m. -7:31 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mark and Arlette Ploen, Applicants, were present. Weinberger stated the Applicants are proposing a subdivision of a lot line rearrangement between the lots that results in two lots that will be greater than the one acre minimum lot size for the zoning district. This property is located within the LR-1 B, One Family Lakeshore Residential District. Weinberger stated currently the lots consist of 1.7 acres and the other .25 acres in size. Weinberger stated one issue for the Planning Commission to consider with this application is the fact that this proposal would create two lots that will not meet the 140 feet required lot width at the lakeshore and structure setback. Variances would be required to be approved to permit the lot line rearrangement. Lot A would have a lot width of 114 feet and Lot Bis proposed to have a lot width of 113 feet, where lots in this zoning district are required to have 140 feet lot width. Page 6 To: From: Date: Subject: Exhibits: Application Date: Completion Date: 60 Day Deadline: 120 Day Extension: Chair Hawn and Orono Planning Commission Members RonMoorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator-"· A January 12, 2000 flF--" #254 7 Kimberli & Willi Abbott 470 Big Island After-the-Fact Variances and CUP ., 11/24/99 Notice of Tabling -Memo & Exhibits of 11/9/99 This item was tabled on November 15 because the applicants were not present. - 10-20-99 10-20-99 12-20-99 2-20-2000 CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 612-249-4600 Fax 612-249-4616 ZONING FILE #2547 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 24, 1999 ·------------------------------·------------------------ TO: Kimberli & Willi Abbott 5905 Ivy Lane Minnetonka, MN 55345 COPIES TO: Sam McCloud 17495 Marystown Road Shakopee, MN 55379 ------------------------------------------- TYPE OF APPLICATION: X Variance --x Conditional Use Permit Subdivision -- DATE OF MEETING: 11-15-99 VOTE: 7 FOR Planning Commission recommends the following: __ Approval as submitted __ Approval subject to conditions noted below Denial for reasons noted below X Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: 0 AGAINST Applicants were not present. Applicant's next scheduled meeting is confirmed as: Planning Commission: \Vednesday, January 19, 2000; meeting starts at 6:30 p.m. Applicant may wish to contact City staff to discuss certain issues addressed in the November 9 memo; specifically, to what extent applicant will agree to remove decking, and the provision of a formal plan for modification of the wall/stair/deck system. 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. 60-Day Review Waiver Because the Planning Commission does not meet in December, January 19 is the earliest opportunity for review by the Planning Commission. The City is required by state statute to review and act on zoning applications within 60 days of receipt. Your 60-day review period would expire on December 20. Therefore, the City must extend the normal 60-day review period by an additional 60 days to February 20, 2000. Please sign and return (by mail or fax) a signed copy of this Notice with your signature acknowledging acceptance of the 60-day extension. Absent such signature, the Council will be requested to formally deny the application on December 13. I HEREBY AGREE TO A 60-DA Y EXTENSION OF THE REVIEW PERIOD FOR APPLICATION NO. 2547: Applicant's Signature To: From: Date: Subject: Application Date: Completion Date: 60 Day Deadline: 10-20-99 10-20-99 12-20-99 Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinato~ , November 9, 1999 #254 7 Kimberli & Willi Abbott 470 Big Island After-the-Fact Variances and CUP .,,q'1 I - 11--15 ~ r-~'1 ~v" f "1/D Zoning District: RS Seasonal Recreational District (5 acre) 43,726 s.f. (1.00 acre) Lot Size: Summary of Request: Applicants are purchasing this property from current owner Sam McCloud. Applicants request approval of the necessary variances to allow the continued existence of a lakeshore retaining wall and stairway system that was constructed without the proper permits sometime between 1987 and 1990. A primary issue for Planning Commission to consider is how much of the extensive decking associated with the walls and stairway should be allowed to remain in place. All of the construction in question is within the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed. This would also be an appropriate opportunity to address the 1991 building additions and a lot area variance. Pertinent Code Sections: Section 10.55, Subd. 8 -Prohibits grading, hardcover, and structures within 75' of shoreline. Section 10.31, Subd. 9 -In RS district, allows no excavating, filling, hardcover, temporary or permanent structures within 75' of the shoreline. Section 10.03, Subd. 19 -Prohibits changes in grade or construction/alteration of retaining walls on a lakeshore property without a conditional use permit (CUP). Section 10.56, Subd. 16 (Adopted post-construction of this wall/deck/stair system) -Various Shoreland ordinances regulating topographic alterations and grading or filling within 75' of shoreline, allowing no hardcover within 75' of shoreline, and allowing no structures except stairway, lift, landing, or lockbox within 75' of shoreline. Ordinance 39, 2nd Series -Waived fees and allowed staff to issue permits for repair of lakeshore damage caused by the 1987 'superstorm', effective 7-27-87 thru 8-31-87. #2547 Kimberli & Willi Abbott 470 Big Island Variance/CUP November 9, 1999 Pagel List of Exhibits A -Application B -Plat Map C -Property Owners List D -Letter of request/hardship statement E -Survey (Existing as of 1-30-91) F -Selected exhibits from Applic. #1627: 1. Gaffron letter to McCloud 1-23-91 2. McCloud application and letter of request 2-22-91 3. City Engineer's comments 3-11-91 4. Staff memo 3-12-91 and selected exhibits: a) As-Built Deck Plan b) Staff Hardcover Review c) Lot Area Variance Draft Resolution 5. Planning Commission Minutes 3-18/20-91 6. Notice of Planning Commission Action 3-22-91 7. Building Inspector letter to J. Bruce Homes 4-9-91 8. Gaffron letter to McCloud 6-19-92 9. Wall design calculations by Liesch Engineering 12-30-92 10. Staff memo 1-11-93 11. Proposed plantings by The Village Craftsmen Inc. 1-18-93 12. Planning Commission Minutes 1-19-93 13. Notice of Planning Commission Action 1-2 7-93 G -Gaffron letters to McCloud 9-27-94 and 8-15-97 H -Staff sketch re: suggested deck removals I -Photos Application History Mr. McCloud purchased this property in 1985. The 1987 'superstorm' resulted in severe erosion damage to the shoreline. Some time between 1987 and October 1990 McCloud constracted an addition to the house including a large deck, and also a massive retaining wall, stairway and deck system at the shoreline, all without the required permits. McCloud made an after-the-fact application in February 1991 requesting that the site improvements be approved as built. Please review the staff memo of3-12-91. Planning Commission on3-18-91 tabled the request, advising McCloud to provide a plan for modification of the deck/stairway/wall system in keeping with the provisions of the staff recommendation, i.e.: 1. Approval of land alteration CUP and variance for retaining walls subject to: a) Removal of all decks except portions necessary as walkways between stairways. . -· #2547 Kimberli & Willi Abbott 470 Big Island Variance/CUP November 9, 1999 Page3 b) Modification of retaining walls to eliminate all portions in excess of 3-4' high, applicant to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining walls. Maximum allowed width ofremaining walkways and stairs is 4'. Applicant to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and size of plantings. Upon approval by the Planning Commission, planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall modifications. 2. Approval of a hardcover variance only for the retaining walls and 4' walkway/stairway system (hardcover percentages to be determined when revised proposal is submitted/approved). 3. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the-fact variance application. 4. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 5. Deck by cabin shall be modified to eliminate encroachments into the 0-75' setback. 6. Recommend that McCloud finalize the subdivision of the adjacent lakeshore strip (this was later completed). Concurrently, the Building Inspector was working with McCloud regarding the addition to the cabin, for which no construction plans were available. Further activity on this application did not occur until December 1992 at which time a structural review of the walls was submitted by Liesch Engineering, followed by a landscape plan by The Village Craftsmen. On 1-19-93 Planning Commission again reviewed the application and tabled it, directing McCloud to: 1. Provide registered professional engineer certification for the retaining walls (the Liesch report was not signed by a PE), 2. Provide plans to modify walls such that terrace widths do not exceed 3'. 3. Provide plans for removal of retaining walls serving merely to support the deck. 4. Bring this back to Planning Commission after ice-out so the site could be viewed. #2547 Kimberli & Willi Abbott 470 Big Island Variance/CUP November 9, 1999 Page4 In spring 1993 staff met with McCloud's representatives on site, but no further activity occurred. Staff letters to McCloud in 1994 and 1997 yielded no action. The pending sale of the property now provides the City with an opportunity to resolve this long-standing violation. Review of Current Application The Abbott application is simply a request for retention of the walls and stairway. Their request does not clearly specify whether they will accept removal of most of the decking, and the current application does not provide the plans that were required per the 1993 Planning Commission direction. It would be inappropriate to merely require removal of portions of the deck system without having information confirming that the deck removal will not have negative structural effects on the retaining wall system. The need for the retaining walls is apparent; the bank is steep, it eroded in 1987 and would likely continue to do so absent some form of retention system. The need for the stairway is also apparent; again, the bank is steep, and the City has long acknowledged that lakeshore properties with steep shorelines should be allowed a means of pedestrian access to the shoreline, subject to keeping such access stairs limited in width and visual impact. No need or hardship has been demonstrated for the extensive decking in the 0-75' zone, in staffs op1ruon. Hardcover Review The original surveys in 1991 indicated 0-75' hardcover of 1,315 s.f. or 10.1 %. Staffs 1991 review indicated it slightly higher at 1,408 s.f. or 10.9%. The structure reductions proposed in the City Engineer's letter of3-11-91 would result in a reduction to approximately 419 s.f. or 3.2%. Hardcover in the 75-250' zone is approximately 8%, well under the 25% limit for this zone. See Exhibit F4b. Cabin Addition The 20'x30' cabin addition constructed without permits meets all required setbacks. Staffs recollection is that the foundation and underpinnings of this addition could not be suitably inspected, and the addition permit was never issued. A permit should be issued after the fact, with a disclaimer regarding the structural integrity unless suitable information can be supplied .. Lot Area Variance In 1983 each Big Island Record Lot was given the opportunity to be granted an 'Automatic Lot Area Variance'. McCloud returned the paperwork for this in 1985 but it apparently was never finalized. Staff recommends that the lot area variance be granted for this one-acre lot. #2547 Kimberli & Willi Abbott 470 Big Island Variance/CUP November 9, 1999 Page5 Staff Recommendation Staff recommends as follows: 1. Approval of land alteration CUP and variance for retaining walls and stairway to remain, subject to: a) Removal of all decks except portions necessary as walkways between stairways. Also, removal of any retaining walls serving merely to support the deck. b) Modification of retaining walls to eliminate all portions in excess of 3-4' high, and to result in terrace widths not exceeding 3'. The intent is to create terraces that can be suitably planted to screen the wall system. Applicant to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining walls. Applicant to provide registered professional engineer certification for the retaining walls. c) Maximum allowed width of remaining walkways and stairs is 4'. d) Applicant to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and size of plantings. Planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall modifications. 2. Approval of a hardcover variance only for the retaining walls and 4' walkway/stairway system (final hardcover percentages to be determined when revised proposal is submitted/approved). 3. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 4. Deck near the cabin shall be modified to eliminate encroachment into the 0-75' setback zone. 5. Applicant to obtain after-the-fact permit for cabin additions constructed without permit. 6. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the-fact variance/CUP/building permit application. Options for Action Planning Commission may recommend approval subject to staff receipt and approval of design plans as specified in item 1 above prior to scheduling this for Council action; OR Planning Commission may table this item pending receipt of plans for Planning Commission review. Tabling will require an extension of the 60-day review period because there is no December Planning Commission meeting. }co.co CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 • ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 *After-the-Fact Fees (Double application fee) PROPERTY INFORlvlATI0N Site Address 47 0 GI (s ISLAND Application #. 2 '5" tf 7 Date Received /o--z.o-, 1 Amount Paid 5 O O '!:!' Property Identification Number (P.I.D.) 23 ~ 111-23 :32 oo,2 Attach legal description to application if not included on required survey. Date P~~-Acquired __________________ (month/year) I (do) (~ also own the adjacent parcels of ~and. Present use of property: _.X_residential~cr~cf)ctbther (specify) ________ _ Zoning District:.__._-"'---'-·l _____________________ _ APPLICA1'T . Name ti1Y\t{'.✓li 9 Willi Aidxir Address: 9105 i\/'y ltil~ O\VNER (if different _than ap.I?licant) Name ~01 H t:e,j t:-1-1cl Address: I 7tfCj 5 HtLHf~-;rcw11 k!o ad Phone (home) -f31-5i c·~ Phone (work),-----"0:..:..tJ,.e..:..t r_"AC---=-------- City: H1(1):JejOr'i/.CC) Zip: CJ3°?)4!::J Phone (home) 1/Y:§' ff'8"c;C P_hone (work) !jLf 5 -0615 GhtLA:-oor0 zip: %?211 I City: A --- " --1 ' .I ~-n ' ~~1:t~ tJ tt~~ DESCRIPTION OF REQUEST Estimated Construction Cost$·-----~- Describe request in detail: · Nl CL · {, J, ,, (l , . ·, V f1Lv ,fa. ct· · t , ce. a · lU' .e1 .-• • , • • • A 'rlvY\LUrl Oi\ 'tfr\Q, cu·:;v p;tpc,b~dt:{o~~h~; 1~,nq,5rJ!Jt 61DYn. [IL/~ Vrlt)1JUTon[d, V ARI.Al~CES REQUIRED Lot Area Lot Width _J_ Hardcov.er . 1" , t-----Lot Coverage . WI r1t IV\ Elf wau.-. Setback: Front Side Rear Average Lakeshore ~ Other (specify) _____________________ _ HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prope~ conditions preventing compliance with Zoning Code requirements: Sec ct tr a cv1.r:d (attach additional sheets if necessary) 6 s REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for your application to be considered complete: · l. Completed Application Form 2. Certified Property Owners List of owners \.vithin 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). ',% 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 8 ½" x 11 "). 6. 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). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not-complete if the above information has not been included.· r APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied l✓s_true and correct//" ~e best of ·s er knowledge. Applicant's Signature(//l11l1 ~fl{' /u{[(IJ,~ Date /D/~ / qq \...: '· I I OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and v5.rification of this request. ~~-~ / /1 •. · / Owner's Signature ~~,z, · · Date /;,/:crJq I / I I Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are· held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 '!""- ~ c:l-1/ 'J-e:;.3-I 'f 1008. 67 320. 77f6; ___ .------1 ' ' ' t1~-I I 7-~,3-'-11 (3} 0 co N 0 0 0 z 3} ii \ 0 LO 'lD I LO \LC) 1-sr lo \\D _lo . \LO \ \ . ---... 8 ( 12) 179.75 7 ( 11) 181. 1 ( 10) 6 ,-,~ 'V '-• A.LLF-'( 208 5 2\5 4 UJ I I I I I I ' ' \ \ \ ( 1) I \ \ \ \ \ /~ \/ ~ 4'a/) (/IY@ r l, ( 2) \J\t-~~cft,\ cf) o: ~ (_ --l 2 :\ BIG ISL~: L-'..S:xJ'A ;<."'E..; J\..1..Yi.J9Ci':' ., 'I II RUN DATE 10/18/99 BATCH 505 PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP'ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 22-117-23 14 0003 00740 BIG ISLAND HENN CTY PARK RES DIST HENN CO PARK RESERVE DIS PO BOX 296 HAPLE PLAIN HN 55359 38 23-117-23 32 0002 00460 BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR HINNETONKA MN 55305 38 23-117-23 32 0012 00460 BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0020 00250 BIG ISLAND FRED A BRUNTJEN FRED A BRUNTJEN BOX 584 EXCELSIOR MN 55331 TAXPAYER TOTAL BATCH 505 00012 NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH PROPERTY OWNERS LIST 38 22-117-23 41 0002 00470 BIG ISLAND SAMUEL A MCCLOUD SAMUEL A HCCLOUD PO BOX 216 SHAKOPEE HN 55379 38 23-117-23 32 0010 00460 BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR HINNETONKA MN· 55305 38 23-117-23 32 0018 00490 BIG ISLAND T 8 P HANNA TED R HANNA 1_4115 KNOLLWAY DR S MINNETONKA HN 55305 38 23-117-23 32 0062 00480 BIG ISLAND J 8 C PANOZZO CELIA PANOZZO 40219 EYOTHA. WAY ONAHIA HN 56359 REPORT NO. PI435401 PAGE 18 38 22-117-23 41 0003_ 00460 BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR HINNETONKA MN 55305 38 23-117-23 32 0011 00460 BIG ISLAND . NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR HINNETONKA HN 55305 38 23-117-23 32 0019 00500 BIG ISLAND EUGENE A NELSON EUGENE A NELSON 9720 3RD ST NE BLAINE HN 55434 38 23-117-23 32 0072 00470 .BIG ISLAND SAMUEL A HC CLOUD SAMUEL A MC CLOUD Po Box·216 SHAKOPEE MN 55379 .,,. ~ fl II ~ ,'~7"~1~ S' '-~"~~;-·,: . '. 'i -i.~, . ''"_ ..... ,,.,1·~--,.•· '·\\d: " c'"";t.._ ~~; (· . ~;) tJ /_,) I~ f, .••. ,i l..'..,,1:.:..rd~) '••',:,.: ~-;(:":~·.... .C-l!;lrp ,,:i,~:.1('.,'.-f!~ , f'.,\ f.t ., .. r· ,;l' t · ' ~ ,, ., ~I\,/. """ ~-' ·r--"io-";..,..__ ~i~~ )0 -C°' I c:, ,,, I ., - ... ~- t>£llAIS • GA.JaIEL UND s~vµ~. me: IC,)O tii,,~/ Lri ii~. · - ',ymovlll ll!ol 11441 Pllont: _lf'l,ll ~ ~-, ;-- ,.."'I '-- ' _J N\ ' <> " 1 "1 .... " '\. ~ "l- "' " ljJ \\ 1\ -~\ \ gJ \ -----~ ___-+--- 1-:---I ---- FlloNo. ~Bloo-c Bock:-Pago Z5C~o / \ \;. \"' i:...-. \~ _, \ \ I I I ': .. \ \ , ,, 1\./ - \ \ . \ t\ ~\ ·. \ \ \ \ \ ·.J , , JI ::::: ---- ., / tt::: °30 I· 0 2 :o II) w ::> z w ~ I 'H J J ... _ :::;· _-r~-i-~~:·:\i:;2;~i1~23:-4_j,~0~1 : Ar~i-\ _s~iap:_ sq/:rt_;· ca~~·e: ·929_4 . ·. . .. .. . ~-. :·: ... ·. -HARDCO'mf · CALCIJt.ATION -stHwty t.ake~~ia Sei~g~ ~~~ : . A. •. · .. & . C D '-,. Exi&t"aing· Final D:ht.Lng ltardCJ?ver P:J::9p<>sed ,1--ot Are·a ltardcove:r -~~#~~t:.ige . Hardcover -~ Zone · Ia-~ · fM~)~lOO • I~ Zone ,~,'J(;Q sr· 1,315 sf ~7~ sf'· 2,~s af PREPARED FOR SAM McCLOUD -:----:-·-·•··- !,·•. ' . i•.· ,. t· l , '-• ... E Hardcover Percentage (D/~lxlOO F Allowed Hardcover Percentage ox Z5% -- F-1 CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka Samual A. McCloud Law Office 5101 Highway 55 Minneapolis, MN 55422 Re: Big Island Record Lot f22 Dear Mr. McCloud: January 23, 1991 During the City's October 1990 inspection of the septic system serving your cabin on Big Island, the following observations were made: 1. A major addition to the cabin has been recently constructed. This addition did not exist when we inspected septic systems on Big Island in 1985. The City files indicate no permit was issued for this addition. A platform deck adjacent to the cabin also appears to be new construction. 2. A massive deck/wall/stairway system has been constructed in the 0-75' lakeshore setback zone, a clear and direct violation of Orono's hardcover and lakeshore setback ordinances which have been in effect since the mid-1970s. Again our files indicate no permits were ever applied for or issued for this construction. The work appears to have been recently completed, since this lakeshore construction was not there in 1985. You are hereby required to make the appropriate after-the- fact application for construction of the additions to the cabin as well as the platform deck system abutting the cabin. Such application must be received in this office by February 15, 1991. Further, you are hereby required to remove the deck/stairway/retaining wall structure in the 0-75' setback zone no later than February 22, 1991. Optionally, by noon on February 22, 1991, you must make application for an after-the-fact variance for this structure. Failure to meet this deadline will result in issuance of violation citations. Both the building permit and variance applications will require submittal of a current Certificate of Survey verifying the location of structures within' the property. BUILDING & ZONING-473-7357 ASSESSING • ADMINISTRATION &FlNANCE-473-7358 FAX-473--0510 • PUBLIC WORKS -473-7359 Sam Mccloud Re: Record Lot #22, Big Island January 23, 1991 Page 2 of 2 An application is attached should you wish to pursue a variance. A building permit application is also enclosed. Please feel free to contact me or Zoning Administrator Jeanne Mabusth at 473-7357 if you wish to discuss this matter. ~,;:J!}f-fH'~, Michael P. Gaflf::-- Asst Planning & Zoning Administrator MPG/tln Attachments: 1. Building Permit Application 2. Variance Application 3. Zoning Code Section 10.31, Subd. 8 and 9 cc: Jeanne A. Mabusth, Building & Zoning Administrator Lyle Oman, Senior Building Inspector Bruce Vang, Field Inspector Tom Barrett, City Attorney ~- ~, t;, k_:_1_ t:1 f-2-~ ·t . 4 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 ~ (no change from original application) After-the-Fact Fees (Double application fee) :·: : 1:-· :f:.. ! !:-'::::: !.-·.!. I ! L1! !-'l':l-'t?!..' /-1 t4Ht-./L't:. Uf-/-l. Lt. PROPERTY LOCATION Site Address Big Island Record Lot i22 T: ii... 23-117-23-01-0013 23-117-23-01-0015 Property Identification Number (P. I. D. )23-117-23-01-0014 22-117-23-41-0001 Attach legal description to application if not included on required survey. APPLICANT Phone (home) 533-9621 __,......;a......a...aa.=.a--------- .:.-.:·: :::': 1..':_.I'...";; ';,.-''.I Dt:i T·! ·l ::-f'"'.'.' H':.' .l ! .1 • ..!. • !. ! t: ·":'1 /·!·-:", /Di -._.-.-:....·· ::,.::. __ 1 .' J. Name Samuel A. Mccloud Phone (work) 542-9801 _.a:;....;;..;.....;;..;;;...;;.;;:.-___ _ Address: 5101 Highway 55 City: Minneapolis Zip: 55440 OWNER (if different than applicant) Phone (home) --------- Name Same as above. Phone (work) --------- Address: City: _________ Zip: _____ _ Date Property Acquired April, 1985 (month/year) I ta~ (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Seasonal Recreational seasonal Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 30, ooo. oo Describe request in detail: After the fact variance from 0-75' J akesbore setback zone for retaining wall/deck/stairway structure (See attached statement). --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width x Hardcover Setback Variances ( ---Front Side ___ Rear) Other Setback -lakeshore HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Steep slope on property suffered erosion damage: votential for further erosion damage without remedial action taken; applicant DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS has e:ii;%ended considerable sum to protect D · b l d. . Irom t :r::.ther ctamaQ"~. . h . escri e unusua property con itions preven ing compiiance wit Zoning Code Requirements: See above and attached statement. REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8½"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8½"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8½"xll"). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE ~he applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct :o the best~of h~fher knowledge. Applicant's Signature ~~ Date -~2~1~2~1~1~9~1 ____ _ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verificationOA /:::? ff Owner's Signature ~, Date _....,2.,_1_._2_,_1.,_;__,_9 .,_1 ____ _ --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. hill CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 #1 ,~ tl ---:.1 ·"" ~~ ~11 ~ (no change from original application) ~=~er-the-~act Fees {Double ap~licatic~ fee) PROPERTY LOCATION Site Address Big Island Record Lot Jf22 23-117-23-01-0013 23-117-23-01-0015 Property Identification Number (P. I. D. ) 23-117-23-01-0014 22-117-23-41-000l Attach legal description to application if not included on required survey. APPLICANT Phone (home) 533-9621 _;;_~...;;....;;~----- Name Samuel A. Mccloud Phone (work) 542-9801 --------- Address: 5101 Highway 55 City: Minneapolis Zip: 55440 OWNER (if different than applicant) Phone (home) --------- Name Same as above. Phone (work) --------- Address: City: ________ Zip: _____ _ Date Property Acquired April, 1985 (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Seasonal Recreational Seasonal Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost$ ----- Describe request in detail: Automatic lot area variance and combination of tax arcels. --------------------------------------------------------------------------· VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback.~Variances (-~-n Side Rear) .. - Other Automatic Lot Area Variance ~..<;".!:~::-, -;.···, •.·) :; ~I , ·-/ J-~.-~.:::.~_./ 3 j c:.: ·-\=-, -c.:___..,-- AD DI TIO NAL STATEMENT SAMUEL A. MCCLOUD VARIANCE APPLICATION I am applying for an after-the-fact variance from the City of Orono with respect to a retaining wall/stairway/deck system that was built on my property in 1987. In particular, I am seeking a variance from the application of city ordinances that restrict structures and hardcover within 75 feet of the lakeshore. I purchased this property in April, 1985. The property is located on Big Island and faces southwest. Most of the property is gently rolling and is situated on a hill above Lake Minnetonka. The portion of the property that is adjacent to Lake Minnetonka is very steep, with an angle of approximately 30 degrees. There are several large trees and other ground cover located on this steep slope. During the "storm of the century" in July, 1987, a massive portion of the hi 11 adjacent to Lake Minnetonka washed out, taking with it the stairway which extended down towards the shoreline and two (2) large trees. The aftermath of the storm resulted in an extremely sharp incline down to the shoreline and a bowl shaped depression in the hill. Shor~ly thereafter, I hired a contractor from western Minnesota to build an addition to the existing cabin and to build a retaining wall/stairway/deck system to preserve and strengthen the eroded hillside, provide access to the shoreline and prevent further damage to the hill in the event of another heavy rainfall. The contractor provided me with a bid for the 1 _.,.:-=--~ ·-- /,r' j~ t-~~;,i retaining wall/stairway/deck was included the cost of all permits to complete the construction. The contractor also' told me that he would see to it that all of the proper permits were acquired prior to construction. Obviously, to my surprise, I have now learned that the necessary permits and variances were never obtained. I am requesting that the City of Orono issue a variance so that the present structures, as constructed, may remain in their current state. This includes the retaining wall/ stairway/deck system on the hill adjacent to the lake and the deck located next to the house, which barely encroaches into the 75 foot setback zone. The topography of the property, the washout of the steep slope, the destruction of the stairway and the loss of two large trees created a hardship situation that warrants the variance. Obviously, I was not responsible for creating the washout of the hill and the associated damage. I was faced with a situation whereby a heavy rainfall in the future could further erode my property and could ultimately place the home on the property in jeopardy. The structures, as built, serve several useful purposes that warrant your attention: 1. The retaining wall system is necessary to control soil erosion and water run off. The retaining wall system is more efficient in this regard than other systems, such as those that use erosion blankets. With the use of erosion blankets, there is a greater chance of rainwater flowing directly into the lake 2 -- --. 7 ·-I --I ~ .. "J, ·:. c'---'~ j fl and erosion of topsoil into the lake. Furthermore, erosion blankets tend to be temporary measures and their effectiveness is dependent upon the ability of ground foliage to ultimately adhere to the hillside. On the other hand, the retaining wall system creates pockets and terraces for the water to collect and percolate down through the soil and creates barriers to halt the erosion of the soil on the hillside. In addition, retaining walls are not temporary remedial measures but instead are permanent solutions to the particular landscape problem. 2. The retaining wall/deck system actually promotes the purposes of the hardcover ordinance by assisting the slow, methodical percolation of rainwater through the soil. The spirit and intent of Orono's hardcover ordinance, is to ensure that rainfall run off will be cleansed by filtering through grass or vegetated yard areas before entering the lake. Without the retaining wall/deck system, rainfall would most certainly wash down the steep hill directly into Lake Minnetonka. On the other hand, the retaining wall/deck system impedes this direct flow into the lake by causing rainfall to hit the horizontal deck area, collect on the deck and then pass through the openings between the deck boards, much as if the deck were acting like a coffee filter in an automatic drip coffeemaker. This process decreases the amount of erosion and also allows the rainwater to seep more slowly into the ground. 3. The retaining wall/deck system provides protection to the trees on the hill by controlling erosion and the loss of soil around their root systems. 3 It is important to note that no trees were removed from the hillside to accommodate the construction of the retaining wall/stairway/deck system. On the contrary, great care was taken to build the structure around existing trees to ensure their longevity. 4. The "zig-zag" design of the stairway is necessary because of the extreme slope of the hill and provides a safer means of descent to the lakeshore. The drawings submitted along with this application show that the hill drops 17 feet over a 36 foot span. This creates an angle of 30 degrees. The zig-zag nature of the stairway and the landing room on the deck, afford more protection to an individual if he were to fall on the stairway. 5. From a purely aesthetic standpoint, the retaining wall/stairway/deck system does not jeopardize the integrity of the locality. First, the entire structure is made of wood and has remained in a natural wood color. Second, during the seasons when Lake Minnetonka is most heavily used, the entire structure is not readily noticeable from the water because it is partially concealed by foliage on the hillside. Furthermore, the structure is not visible to a good portion of the main body of the lake since the property is tucked back into one of the bays that comprise Big Island. Finally, much of the horizontal decking material is not visible from the water since a good portion of the deck is located on top of the hill. For all of the above reasons, I respectfully request that the City approve my request for a variance so that the retaining wall/stairway/deck system and the deck next to the house may remain in their present positions. 4 -- n ■-1\11 Bonestroo Rosene Anderlik & Associates Engineers & Architects March 11, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mike Gaffron Re: Mc Cloud (Big Island) Our File No. 139-1627 Dear Mike: Otto G. Bonesuoo. P.E. Robert W. Rosene. P.E. Joseph C. Andertik, P.E. MaNin L. SoNala, P.E. Richard E. Turner. P.E. Glenn R. Cook. P.E. Thomas E. Noyes. P.E. Robert G. Schunicht P.E. Susan M. Eberlin. C.P.A. Keith A. Gordon. P.E. Richard W. Foster. P.E. Donald C. Burgardt P.E. Jerry A. Bourdon. P.E. Mark A. Hanson. P.E. Ted K. Field, P.E. Michael T. Rautmann. P.E. Robert R. Pfefferle. P.E. David 0. Loskota. P.E. Thomas W. Peterson. P.E. Michael C. Lynch. P.E. James R. Maland. P.E. t::-.,_ ~ r _. Kenneth P. Anderson. P.E. Miles 8. Jensen. P.E. ------ Mark R. Rolfs. P.E. L. Phillip Gravel 111. P.E. Robert C. Russek. A.I.A. Rene C. Plumart A.I.A. Thomas E. Angus. P.E. Agnes M. Ring. A.I.C.P. Howard A. Sanford. P.E. Jerry D. Pertzsch, P.E. Daniel J. Edgerton. P.E. Cecilio Olivier. P.E. Mark A. Seip. P.E. Robert R. Dreblow. P.E. Philip J. Caswell. P.E. Gary W. Marien, P.E. Ismael Martinez. P.E. Chartes A. Erickson Mark D. Wallis. P.E. Leo M. Pawelsky Thomas R. Anderson. A.I.A. Harlan M. Olson Gary F. Rylander. P.E. We have reviewed the deck construction in the 0-75' lake shore area on the Mc Cloud property @ Big Island. The deck was constructed over a series of retaining walls that protect the lake shore bank. The bank failed during the big storm of 1987. We would recommend that a majority of the deck be removed. The cross hatched area would indicate the stairway and deck that could remain in place. The retaining walls will have to be modified because they do not appear to be stable in all cases without the overlying deck. The owner should be required to provide a new plan with the modified retaining walls and proposed deck and stairway area. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 4~((_4 Glenn R. Cook GRC:dh 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 \\ -<\'. I I \ \ -- ":t_-- • J • ,,, . ·•\ \;j ·-j -- ll..l a _j rJEMARS · GABRIEL ND SURVEYORS, INC. 3030 Harbor Llr'lt No. Plymouth MN !!441 Phone !!112) 55g.Qg08 " -;:- -1 \. J -? "t "' .j "l '1, ~ \ ' ~\t \j .....___ \:, . , -1 ,-.,. \J '!: __:------· 1---~- .i -----\ I ~ --"¥ \ I ,-'-,- .... -'-) I 't: \ . -\ ~·- \ -'c: •J C. ~1 I hereby certify that this 11 a true and correct representation of a sun,ey ol t.,e bounL11rie1 of.the above described land and of the location of all bu,ld1ngs. ·I ,,.,.., . thereon, and all visible encroachments. 1f any. from or on sa,d land. 3aih fi day Of~-OifUr?ry __ . 1991 _ / ..r_x c /. , 1 r \ \ N \;:: r_, ..., __, \ . \ \ \ \ I . I File No. &~Bo-C Z5o-e.o ~ScalP. 1-, " == zo' To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: March 12, 1991 Subject: #1627 Samuel A. Mccloud, Record Lot 22, Big Island - After-the-Fact Variance -Public Hearing Zoning District -RS, Recreational Seasonal Application -After-the-fact request for hardcover and structure variances in the 0-75' zone. List of Exhibits Exhibit A -Application Exhibit B -Letter of Request Exhibit C -Plat Map Exhibit D -Property Owners List Exhibit E -Request to Adopt "Automatic Lot Area Variance" Exhibit F -Survey Exhibit G -Deck Plans (as-built) Exhibit H -City Engineer's Comments Exhibit I -Hardcover Review by Staff Exhibit J -Photos 8/90, 1/91 Exhibit K -Letter to Sam Mccloud 1/23/91 Exhibit L -Letter to Carter Delaittre 2/19/91 Re: Application #889 Exhibit M -"Automatic Lot Area Variance" Resolution Pertinent Code Sections - 1. Section 10.55, Subdivision 8 -Prohibits grading, hardcover and structures within 75' of the shoreline. 2. Section 10.31, Subdivision 9 -In RS zone, allows no excavating, filling, hardcover, temporary or permanent structures within 75' of the shoreline. Limits hardcover to 25% in the 75-250' zone. 3. Section 10.03, Subdivision 19 -Prohibits changes in grade or construction or alteration of retaining walls, without a conditional use permit issued by the Council. 4. Ordinance 39, 2nd Series -Waived fees and allowed staff to issue permits for repair of the 1987 superstorm lakeshore damage, effective 7/27/87 through 8/31/87 • . _-:--__, _,--' \...'! \-_\1 ,' .... '-,_)<:c'•.r'• , : -· _..>"{ r-'l-:1--_ .... '--- (~7 ' . -- Zoning File #1627 March 12, 1991 Page 2 of 5 Summary - Applicant purchased the property in 1985. The 1987 Super Storm caused a slumping failure of the lakeshore bank. The applicant hired an unnamed contractor from "western Minnesota" to build an addition to the existing cabin and build the retaining wall/stairway/deck system. The contractor obtained no permits from the City. This construction work was found by the City during the 1990 septic system inspections of Big Island, and the property owner was duly notified of the violations. The Building Department is treating the after-the-fact permit application for the cabin additions as a separate application, not requiring a variance. The application before the Planning Commission is for after-the-fact variances and conditional use permit to allow the retaining wall/deck/stairway system to remain as-is. Pertinent Facts - 1. Prior to construction of the existing deck/retaining wall/stairway system, a stairway approximately 4' wide and 40' long provided access from the lakeshore to the residence on the property. The steep bank merits some type of stairway system to provide access. Hardcover with this previous stairway is estimated at just over 1% of the 0-75' zone. 2. Exhibit I indicates that existing hardcover in the 0-75' zone is approximately 10.9%, including all portions of the deck/retaining wal 1/stairway system in the 0-75' zone and landward of the 929.4' elevation. A portion of the hinged deck extends lakeward of the 929.4' elevation. Such structure appears to be prohibited by LMCD regulations, Section 2.12, Subdivision 2 (B). 3. The applicant hired Edgework Builders to provide an after- the-fact plan of the retaining wall system, however Edgework Builders was not involved in the original design or construction of this wall system. Staff would request confirmation from Edgework Builders that all of the cribbing and deadman construction as shown on the plan is in place. 4. City Engineer Glenn Cook has visited the site and viewed the structure, and has recommended the following: A. The majority of the deck should be removed. B. Portions of stairway and deck walkway could remain in place to provide access from the shore to the cabin. Zoning File il627 March 12, 1991 Page 3 of 5 c. The retaining wa 11 s wi 11 need to be modified because they are already showing signs of instability, and because in some locations the overlying deck structure to be removed does enhance the stability of the walls because they are so high. In discussions with the Engineer, staff determined that one optional solution would be to lower the portions of retaining walls exceeding 3-4' in height, and add additional walls between the remaining walls. This would likely provide the necessary stability while allowing spaces for additional plantings to help screen the walls. Additionally, this would eliminate the need for railings extending upward from deck sections. The storage area adjacent to the main stairway would be eliminated. The final hardcover in the 0-75' after these reductions is estimated at less than 4%. Discussion - Please review the applicant's letter of request. Applicant points out five specific useful purposes for the structure as bui 1 t, and indicates that the topography and obvious potential for bank erosion create a hardship situation that warrants the variance. Whi 1 e a number of trees tend to somewhat soften the vi sua 1 appearance of this structure as viewed from the Lake, there is no question that this type of deck structure is in total non- conformity with the letter and intent of the zoning code, and further, does not conform with various land use policies contained in the City of Orono Community Management Plan. The City of Orono has a track record of requiring pre-existing non- conforming lakeshore structures to "de-intensify" or disappear as they fa 11 into disrepair, and approval of new construction and hardcover of the magnitude of this structure would be unusual in the 0-7 5' zone. Additional Issues - In 1983, Orono rezoned Big Island and defined "Record Lots" which recognized historic patterns of use and ownership, intending to keep substandard, commonly owned lots permanently in common ownership. Record lot property owners were offered the opportunity to be granted an "automatic lot area variance", generally allowing them specific continued rights to use their properties for standard single family seasonal recreational uses. Zoning File #1627 March 12, 1991 Page 4 of 5 The Mccloud property was owned by Eugene Nelson at that time, and common ownerships involving Nelson's relatives ultimately resulted in the current Record Lot designations. The automatic lot area variance documents were never finalized by Nelson, however, during his sale to Mccloud in 1985, it was determined that a lot line rearrangement subdivision was necessary to properly allocate the lakeshore between Nelson's property and Record Lot 16 to the south (please see the 2/19/91 letter to Carter Delaittre). The 2/19/91 letter summarizes the history of Subdivision application i889 which was recommended for approval by the Planning Commission in 1985 but got stalled out at the Council level due to the neighboring property owner's objections and lack of followup. The City would have granted the automatic lot area variance as part of the subdivision approval had that subdivision been finalized. In the meantime, the City technically cannot issue any building permits to Mccloud until the automatic lot area variance has been granted. It is staff's position that, while the defined time period for "automatic" lot area variances has past, the City has been fairly lenient in holding to the time limitation for other Big Island properties as long as other issues are resolved in a timely manner. Approximately half of the property owners executed their automatic variances in 1984. The rest have been dribbling in over the years as properties are sold or as property improvements occur. Staff Recommendation - Staff recommends as follows: 1. Approval of land alteration conditional use permit and variance for retaining walls subject to: a) Removal of all decks except portions necessary as walkways between stairways. b) Modification of retaining walls to eliminate all portions in excess of 3-4' high, applicant to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining wa 11 s. c) Maximum allowed width of remaining walkways and stairs is 4'. Zoning File il627 March 12, 1991 Page 5 of 5 d) Applicant to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and size of plantings. Upon approval by the Planning Commission and Council, such planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall modifications. 2. Approval of a hardcover variance only for the retaining walls and 4' walkway/stairway system (hardcover percentage to be determined when revised proposal is submitted/approved). 3. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the-fact variance application. - 4. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 5. Deck near the house shall be modified to eliminate all portions encroaching into the 0-75' zone. 6. Recommend that Mr. Mccloud and the owner of Record Lot 16 jointly request (in writing) reopening of subdivision application #889 at the City Council level to resolve the issue of the strip of shoreline in front of Record Lot 16 for which Mccloud is stil 1 fee owner and tax payer. 7. Table application pending receipt of revised plan for walls and stairs/walkways and receipt of a planting schedule. The above recommendations constitute a partial approval/partial denial of the requested variances. If Planning Commission feels that special circumstances justify granting of additional deck areas or walkway widths, please give applicant specific direction as to those parameters. "i' ' .------------'----------------------------------..,._-,;_ __ -i-,'----.-· --·~----l !Ii 'l " t •.. ;. 1 • I ' ,· '' j' ), I ,: l· !·· ., ; ;°j ; : . r: • I '. ' L .• ~·:•" " ..... : ---·----__ .;·~~--t:;' •• .. ;----~EJ~-:.~.:. ·•··-· ·-·- .: I! :• . ,i · 1.:·' 't,. \ ------..;..!-•-I ,--t....-!. ___ _ ,. . (\ ' •J ,· I), { ·, ·• L..J._ i' ;'. J· '· , i I t •'·, 1• ,. '/ ! ti :i.,,' ·I 1· . . ' • I~ p , ........ ~LlL-¼h'.':':':· . -· --· ------· -. ,, ',. . , I . , r . ~ I · • I .0 • "I ' ' ) I' ,N ··" '• ! •,,J I .-<> • '. j· :!' .. :{ . ~ . •.:."' ,·•' t '\. : : I • ~ ' : ' I 1t :1 .. i' ,'·l, ·, . , ".,· .. 1 · ~ • '·.<> ,::-:.·: ,\1!!': ' !. ' ' -' p .~ ,,. .f /I' j3 ., .. I I _Jf•O" ---------. -- 1 · '' /. ~i\ ,.~ ,,11 ~i l~ ._.lrn, ~:~·,ir:; ..-'f;• r:,., ~, I :..~~··'· ::~:f :< ~. ,I -·rf ,. ;t,; i ' ii' -• ,. ,, \) I' l-.. ,,.,f _ _ _____ _ I" .. '" !• Q ! I' I i\ : 1 Ii I ! I ' I I' I I' ' • : I I I i Ii! l I 1 1 i I 1 , , 11 I : ! Ii~: . : ; . I I I . I I ·/· ii I I~ {\~ I •• At-~ ',-~ ~ . .. ~,, •; 'l ~t c.1c I I ~~ .. ~ fl [iii ;I I I-.--__ ..,_--,.:._-_-_-_-_-_-..,.-_ .LI I.,.. ~mu :;;1;c1 fll.-. ?l. ~~! .., . 0 ~-•). 2 r"' ~r~ t' "' r ... :, i .. ,, 7 1:, .:,,; • .. " .. ED G. EWORTT! -~ ... 4021 LYNDALE AVE. so .. .I\,. MINNEAPOLIS, MN. 55419 P'-'NO ··:·· ...... , •. CAM'. .M.:CL"'-lf,. -· l4'·b_.• : •.• ..... • .....• ·--··· I I• '---... _ ; ;\ .. ·.~ r : I I .J> '-l'J' I •';! I it i I I J. w, \i I ''\. 'I :1 I I ( c:1:) . ~ . ·I "" " ., W_!,.~ , 1,, .... i~ -;j .... . J.. f=- (jj lv ~ ~ ,· \J!.' ' ::,'. :' :" .... t~ . ! ' l '. ,o,, ....... , . •··--··· .. --: -· . . •• .. ..:, -. ..,. . .,. ,_4_. BUI.LDER·s . • . ..... v .. ·=,•-o· • ., ' &' 161 6 · 1:>H, •r):;;•i J/'M ·1' ' •· •~ ~ r ;\ . 1•·•:, I \ --,..~ l ~ " t \ ,.,_ ~ ... _._ ;'•:) \ •jl ;::<,·1·· . . , ,I t' :J J.·:•.i : .; . 1:·,·,: ,,,. '., '-r; ,I; '.I' ,•I . '. i· ·. 'I . ~\ ' : . ; ·) . ·I· · · · i' " : 'i :~. /:, ' ! 'I ,, . T". .••... i : '·, f ,, ; I: , r, , : ·II f' • ' ' ' .,. ' 1"' :,~ -' il :- ; ; , 1p : ·' ·1 :· t, ,! 'j 1 1 ·'1:: !. '1: • •• ~ I f ' i ) I i'' ! ,: l.!I f ,I' i ; ·'•; 11•1 .. •' ,u 1 I ,j' i I I .:.:..:it /1~; ::.:i.::..;:, ~.;.: =· -:-:::-:; :J" '·':'!{:( .~· ,1 '.,::; ·.·, ·:•~·•"· , •. ' 1 • I " . . J11111111 [lill f ;t,; f! .·: i '. :; :: ~~ .n ,.'>( ... : • . • ·, . i1~,·· r· ... . ·:HJ·~~ : '.. ?T .. ~ I.•. ~ r, , . 1 l~ilj.1 · .. · .. l •·1\f.',,::· ' !·,·t,:J, I h,I~ 11, ';;• 11;. ·,1•1·¥.#:, i\ ·,;;:i· ':,;,, i, ,.,\ .. ~r-. ·tlt.:: • .· i i,(,•iJ:.;-I " '.'_Jf' .• ~.,: ,. l i., "' ·,' . ~1 , . rr ti ]I[· r 1 =~~f II ....... I ~I. ,.. ___ _ ...... -· . -· ..... ..,_ d •:· 1,:1,. I•. '··J • ',I' ; : ! i:;:_!:i/1:[ ~:'!,: .!I!,;,:, : • I• .,I I I ; · I Ill 1, , [ .. --71 l,i.~-W---· ·.•', V,i 111 . . :••1· ,., • 1 1 ,.:d •',,•.,ij.,.; l .. :,(:' .. : ) I' •.; r ·~·, tt:.::: I • ,•· f •1 .. ,11,_ I-•~' ' •; ·.' ,\, ,l I ~ 'r· . . . . . I'. ,1,•, 1 ·r p,! . :' ' 'la jl' ' , I ';. i • ! •·:••ii l ::, ' I,: ·:: •i.lif>; -r ~1 i;d 1 ·: :•.:.:r=· :;-...;~ ..:.J . -~ .... ::~ '7,'I' ~ .. -.. -·· •'I,\. .•. · .• . ,.,.,,. •I :•.:~i!", 1 ~; :-1.;J•.i·. t i~ I•• "1. . . ~; : ; . ',, 1•11:, . :.··) . - tJ I M _.,.. _ _.., <,::-,.",,, ......... '·,>-.. ~ 4 ,:..,:·'.i:'""1. •":•. ! ·:.·' ; ..... ..,,,: ... •,,;. •.•)~~';.·;.; ~-~~'!-'l;e-. !~--•·1:.~i!"4-•;......-::-·· h:!,~(; .. J···!•~:: \·:,_.~/·,:·:. \ .... ~{P, ~:,, : ... • .. (J j_':-: . ,.I!. ,-~"!•.'--: ... "" I..,_ r~~-t! ~ . '-·: . ~ ;: , . . . I! :;7,;!,~?·E·n···G·· Ewo· RK --~-~,--. p .• ........ ;. BUILDERS ,. I•· I 6021 lYNOALE AVE. SO. .. MINNEAPOLIS. MN. 55419 aF:.:_.::::, -. i -·----- :i: I ~• r.;,," ;, ... , ' ~•r.:i l! 11' 1 ·•:1< { ) !f ,• ,•' : ,::f,·t .' (11\:, 'i r ~,. , ,· ~ ~ . ; : :' I 1 , ::~j 'i~i . I !'I~': •iJt. : ~f J 1~1 :, ',.~1:fi, I ;;:I...-~ I/ -!;; :: r-. ·.t, ',, ' ~ s ~ .. 1l l l I i ~ .~ .~ ,; .. ~· "" ~., . ~ ,< ~:~I ;:I 'O f 'i F -n .211 II 'I r . '1 'I 11 r 'Ii, --.-·--J. -,-;,-· --n~n •\ ·, ;pr\ 't ~' i I I I I ., 1 J I r, fl ,! I 11 · ,, 1 1 _______jy-1-) ._.J!..L1 ---tri-1 --' f"r-1 . 1•1 '1 I I I 1 1,, I I I ,, I '"' I 11 I II I I I I I . II , ' I I I I I .. ~.: --.. : I . -~1-... j ~ H .,. ---·· 1 L.1 --.. --r•· . ·'·---.. ·•,-,-~ --.. 1rt1 ,: p :,:: II I I I I f ,': f I I I :,J • II ' II I · '1 °;. I I W: . .J L!.l . ____J .,_ -::::J:• ------r,;-1 . _ __..,_ . I iT I I I, I' I I 1' I ii 11 1 f' 1 1 .. I 11 11 11-1 i~ ~ .\ h n 'I ~ ~ '1 • I . 11 I· I I • J . L --: ·---• J. • -• -• ·' • 11 . . ·. · .. · --.. -.. F r' -...... r I. . --... I r:, ' ...--;:::.. I I 11 I' I ? • -::::~< --;;~ I I : I I I: : I. t ~~ ~. _____ q.1.; ;1 ~ __ --1 f. • ===-:ft::i · i: ., _, n 11 11 r fl 1, 11 1 ~-~-"··--4rn ~.1 -. ,1,1 f! '~ . I .,., ,1 I' 'I ·-.• ~ 11,, ·" ,1 ,••1' ~. 11 i Is 11 • ,, 11 t ~ I I\ 1 1 1 1 • ,', . IL' i! . I • • J '\.. l·f ._, ... __ t,, --.. --4'-I ----~------·-·-.,--......... 1 ... ···r-n . ... II , 1 , I I __ , 1,•I 11 II 11 11 'I 1' 11 I I 4; . ----'I __ .,...1w •1· ---I-,. ---'L,-j ··--,1 1' I I I I I I I I " : I' II 11 IJ I' I I 1 1 'I fl I ! I I • ___ • .j ..... ,d -,.1 -----L.-,----·---i"l ............ , .• -,-1 ···--·-1,T1 \! 1 1 f 'p•1 ~ 1 • 1 I i I 1 1 I~ : I· ~. 11 1 I t; I: ~ 11 I 1 .~ __ ,.Lt 1 ----1 ~ I I ~: / I I ~ -I , , :"j•--... -JJ1,: ll •. ;:, ' ' . 1 1 L ___ -;,,,_. __ . ... . . .. l ,., : --··· !'.!:L ; o.,,, ... '"'.$,.._M 1'1,(:(...;iul) 01, ....... C.lr.oN<> ..... , Yti''-;::1'-0 " •• 1, •• '. f' I / I '!l.,,, 2 )\ I I 1 \ I I>'; N I F .. ~C\ --: SAMUEL A. MCCLOUD VARIANCE APPLICATION --------=-- PLEASE NOTE: The attached as built drawings and plans were prepared by Edgework Builders. Edgework Builders did not construct the retaining wall/stairway/deck system shown in the drawings and plans. ~1,,, I:· ~ [{.:,::-= .. \':;-._ r·. ,. ·~ ... ..... :"-(" "~,· ~.J I -. H~vet<-~11.?W -5/G.. /.r~t:, 4u-:>/e.D Lo, #e2- l:fl ::, 77 N '-=,. 0-7s' CMe:A-:;: /2 1ql,o) f o,cnc,N t>F Per~~ ;VetM--/.f0'1".t£ btTC..¥-~/..-·l,,I,._ $1/Srevv-... A-1 I._A}c..~ 7Sr ZS-0 1 ( N2-,t="{.:;. -= 3o1 i& & } CA:-e.1/\.) / 0 X/ ~ > oa.lU), c.A-e,t~ l l:. 1< 2'1 t, .}.. ~ 1 "T7. I"\ t· .) r >-' ..... \ .• \_; , S,z~x!L/,2.- /o, s >< /~,; i)eQL_ (3"?<2.Q)-+(,ox~-\-(1.-:, >tl/1.~) + l 7 X 3 l,.) + (/_[., x30 j -l/O :, , Ir , • tt ., I t__· -1'---v·1 1:. i ;_/ X 12... L/ y. ~ L/ x /l ~ ~ ~ ·21 ~-# 40 ----311 ',., •·"4 ,.a·•/ j l/ I ( t • 1 "-l 1. ~-. ;..,r ._:-_ ~ /-,,-t: ·' ,._\/ .. f _ _, ·~-~ 1.,/'-.J~~ .. _I'-" r -.... (t= !Tl ';'AJ..:r-;:.· A~ fo ·~ r 1.,,·•t: l c /.if',tJe:,p::: f eP-e-r0G, 1 '/(. Pt S l-US~I oA.)) NeT"" Zoo l .C. X , s-;_ /ti) : -- Minnesota: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 22 ----PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, FINDINGS 1. That Samuel A. Mccloud is (bik) the owner(s)/tax- payer(~) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Exhibit "A" attached hereto. 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 subj·ect 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. 2; RECORD LOT NO. 22 : RESOLUTION NO. --------- 3. this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. 4. The undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. 19 ATTEST: Adopted by the Orono City Council on the C. Butler, Mayor day of Dor~othy M~ ;:11 7 in;lf; Cl/"'Mary ~~ ( 1 )roprtyOWner{s) _(_2_) _______________ _ STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) ~ ~c/ :c On this~ day of--~-' 1985, before me, a Notary Public within and fo said Coun personally appeared _________ _ /J '/?:.L . t'..:. LcfU--t--2:> known to me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. 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 473-7357 EXHIBIT A RESOLUTION NO. ----- Lots 9, 10, and 11, Morse Island Park, Hennepin County, Minnesota (Property Identification· Numbers 23-117-23 3·2 0013, 23-117-23 32 0014~ and 23-117-23 32 0015 respectively); and a parcel described as That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot.9, Morse Island Park, according to the recorded plat thereof and southerly of a line described as beginn~ng at a point on the east line of said Government Lot 3, distant 260.00 feet south of the East 1/4 corner of said Section 22, thence southwesterly deflecting to the right 60 degrees to the shore -of Lake Minnetonka, and said line there terminating, which parcel is also described generally as the portion of Property Identification Number.22-117-23 41 0001 lying northerly of the westerly extention of the south line of Lot 9, Morse Island Park. PLANNING COMMISSION i-1EETING HELD ~1ARCH 13, 19 91 (i8)ZONING FILE #1626-TRAFF CONTINUED questioned what made his ap?lication unique. Kelley responded ::hat the Planning Commission looks at each application in a unisue light, and chat each must have a proven hardship. Ee said, "We are al::-eady granting you t:-ie lot area and lot width Variances. If your lot w3.s undevelo2ed and h3d not recei·;ed munici?al sewer, it ',vould probably have to ::-emain that way. F:com my 2oint of view, this is a buildable lot, and you will either add on to the existing house, or start over. That is why I am indifferent. I :1ave n:i problem with the V.:1riance for that matter. I do not want to see you cc:n?are the WdY in which we a-:1.dress your a~')9lication with w:_1at w2 have d:::me in other cases." Traff asked Hanson if his opposition stems from the concerns raised by the Mitchells. Hanson re2lied, that somethi~g can be Variance." "No. I have d::me e:1ough building t.o know constructed on this lot without requiring a Kelley reminded Traff that in the e~ent the Commission does recommenj denial, he cou1d still application to Council for their deciding vote. Planning take the Bellows suggest,~d that Mr, the floor plan to gtve the understanding of his hardship. Traff bring back a schematic of Planning Commission a better The Public Hearing was continued. (i9)ZONING FILE 11627-SAMUEL A. MCCLOUD RECORD LOT i22, BIG ISLAND AFTER-THE-FACT VARIANCES PUBLIC HEARING Samuel M·.:Cloud, and his Attorney, Cdrter De Lai t tre, were present for this matter. Kelley O?ened the Public Hearing a': 8:42 p.m., a1d a:,ked Gaffron to present his opening comme~ts. Gaff=on summarized the issues involved ui th M.c. M,:Cloud' s application, as outlined in his March 12, 1991, memo. He displayed a sketch and photo of the retaining wall/stairway/deck system that had been constructed on this property without proper permits. He added that the retaining walls -were installed to resto-=e damage to t'."le ba:1k th.=i. t resul t,~d fr .1m the 19 8 7 Suoerstorm. G.:1.ffron s3.id, "Th,:! City Engineer has examined the structure in ter:-ns of the necessity of the retaining walls. He determined that the width of the bonk does need some kind of a -15 - PLANNING C0~'1ISSION ~EETING HELD MARCH 18, 1991 (i9)ZONING FILE #1627-MCCLOUD CONTINUED su?:=,ort. sysce~. Ee 1s 3:..1·:;qesti~s t~a~ :.~2 ~~v3.lls ;-;i.:.:7 a ~eig:lr. exceedir .. s tt.:-2e o:c fa~:-:eet :)e 10~\ve.::-e,:: a.::.C =hat so::1e .:.:1~e~io~ walls b2 added. The ~Lty E~gineer has indicated that the stability of the existing walls is questionable. He also stated that the lower walls would be easier to screen from t:1e lake." OeLaitt-:-e stated t:12t the:-e is a 2rotected ~,etla.1d that exists from the M~nnetonka Power Squadron ?roperty to M~. McClouds. Ee said, "' The 19 8 7 stor:n wa sh,=d Oi.lt t:1e exis tins stairway and took o·Jt t·,•10 trees. ;; ma jar portion of the hill washed away, leaving a bowl shaped depression. Following that, Mr. Mccloud hired a contractor to build an addition on the cabin, a:1d t:ie contractor suggcst2d that t:-ie bank should ::ie restored with a retaining wall s·v·stem. He informed Mr:-. ~1cCloud that he would obta:.n all the necessary oermits. ~'le fou1d out, after-the-fact, that h2 had not obtain the per~its. The structure is presently in place, and ·.·ie believe it does control the erosion on the prope.::-ty. This structure does meet t:he intent of the City',; Hardcove :.· Ordina nee, in that it allows water to percolate into the ground. Tt1e horizontal members of decking do havE:! spaces in '.::)etween t::ern, whi::h allo,~·s the rain to filter through. The Sc.airway was c:::inst.::-uctec. in a zig-zag manner to 1 imi t t::e di stan:::e one ,,·ou ld fa 11 if that ,-:ere to occur. There iE" quite a bit o: vegetation that ,·1ould screen the st.::ucture from t!'le lake in the Summer. T::-ie struc-ture :-ias a na t.t:,ral wood color. Bee a use of the sharp d ::-op 0:1 the hi 12. a ,d the terracing of retaining walls, the railings on t:-ie top and second level serve a safety purpose. W~thout che railings, someone coulc. fall off the edge and fall q•Jite a distance. The:ce were -:10 cor::?laints from the neighboring rroperty o·.,ners about this structure, and I do not believe the.::-e ha·✓e be .. ~n any sin:::e then. Mr. ~lcCloud does have a fairly significar1t financial stake in this structure, and would like to receive a!)p.::-oval for it ::.o remain." Hanson quest.i.oned w'.lether M::Cloud would have a::y recourse, financially, through the contractor. De Lai t tre replied, "Mr. :1::Cloud has t t" ied to con tc: -:t the builder, but has been unable to locate him." Bellows stated that she could not p,::issibly approve such a structure in this location. She said, "I am sorry, but I believe it is an o·.-Jr1er's responsibility to make sure that a contractor h3.s in fact obtain ~d the necessary ;:,err:ii ts. The City requires permits to be posted Oil the constructicn site. I believe this st~ucture is extremely over-built and appropriate. It should be cut back t0 provide a ~inimum stairway access and whatever retaining walls are necessary to support the bank." Hanson stated that he totally agreed with Bellows. -16 - ➔ ., l PLANNING COM.MISSION :-1EETING nELiJ :-v\RCH 18, 1991 (5'9)ZONING FILE j1627-i1CCLOUD CONTINUED McCloud o.sked : ):'.' ::_;,e o~>:Jortc:--.i :.y t.0 :7ca.ke s x:-,e a:::::i t.io:1al ?Oints. He stated t~a:. the flooring=: the decks 3=e a:. ground level, and, therefore, are i,visible from t.he lake, and :.hat the only po::::-tion of ;::,e s :..:-:.icture tha. t is vis i blc, .i. s the retaining walls. He said. "The Citv Engineel:" has recommended t:-,at: I kee? on:.y ti:e retaining v;alls, w~1i:::h a~~e definitely reqGirt-:id to prevent the bank fro:n ::urt.her erosion. Tc:e desisn of t:-te floor decking i.s su:::h that. i.t traps sr:iall quantiti~s of wat2r in between each plank, ,-;f-,ich preve!1 ts water from just. running do\ln t:1e bank. It prornot.:!s percola ti :,n of rainwater throus:10u t the whole system. Tr1e C:i.ty E~tginee:c a.,_so recommended l,=:aving at least a portion of the steps. Tne only otter aspect of ~his that may b,; disturbing to v.:...ew is the storage area. The =~taining wall do~s exte11d behinc t'.1e storaJe area. I would be hAr?~.)y to re~ove the front w~ll of that area, but there will stil~ be wall behind it." Hanson interjected, "I would just like to say that I am not concerned about the visual impact of this structure." Mccloud explained furtr.er, "Th,'! railings, or soi:-le other for.m :)f restraint, ,1i 11 ha·.;e :.o remain .:n pla,::c '.:o preven:: someone from W•:llking o:f L,e eJge. A barrier ,1f ll b~) n,=:·cessary regardless of whether or not the floor deckins remains. I guess my question then is what would you ,;ant me to .:..-emove?" Kelley explain,.~d thn t the City' : Hardcove1: Ordina n.::e does view d~cking as hardcover. Bellows rt2minded McCloud that the City Engineer has stated that the retaining walls are failing. Mccloud said, "Ne~. ther m1sel f, n()r :r,-r engineer, could find sig:1s <-if the retaining waU.s failing. I woura ha•:e to respectfully disagree w~. th the City Engineer I s O~')inior: in that regard. I would also note that th2 City Engineer states that the floor d2cking e:1hances the stability of the walls. If in fact, the ,..,-al]. s are failing, I ,·1il 1 of course rep3 ir them." Kelley s;.i.id. "In ,1y opinion, S·:)rne hr1rci.cover including access '.::o the 12 ke. Y,::,u a :-e entitled i:o The decking howe,;er should be rer.1oved." Mccloud askeJ Kelley to address the railings. c,1n r~ma.in, ha •Je access. Kelley replied, "Th,~ railings are n2eded in accordance with the retaining walls exceeding a certain height." Mabusth stated that railings are needed when the wall height exceejs JO inches. -17 - PLANNING COMMISSION ~lEETING :'IELD ~'\RCH 18, 1991 ( :g) ZONING FILE -HG27-l1.CCLOUD CC~lTINUED Kelley s~:ated that :::1ere a-re s~~'",le=al e,(ist.i:1=; =~::2.inins walls withjn the City of Orono =~At would provide exam?les of how the i:;sues of s2.fetv a:1d e,~:::sion c:)nt.:-ol cAn b-2 a,-ldressed. KelL::y e:·q:,laine:!c t~e 02tio:1s av3ilab:e ':.o i-1r. :-ir.C:lo,1d for 2roceedins or tabling his applic~=ion. McCloud askf~d th-':! Planninc_; C:o:n:uission if they concur:::-2d ,-,ith the Staff recommendatidns prese~=ed in Goffron's :nemo. Gaffron reviewed the recom~endations included in his memo. ,•;'.;c.:ld v;ork further ar1c. request:-='.d th.~t ,,"_ th th:: Mccloud stated t,1at ht~ preparn a revis•.::d pJ.an, Commission m,:tke a 11otion at this application. their rc-:?-c:onvened rrleeting The Public H,::?a.cing vras cont.:.:1ued. (il0)ZONING FILE fl628-lffiRK & SARA FINNEY 4195 HIGHWOOD ROAD VARIANCE -PUBLIC HEARING S~aff to Plannins t,, tabl2 Kelley opened the Pc.!blic :-:,~ar ing a': 9: 0 5 p. m. , n:::iti ng that Sara Finney-was present. Mabusth showed the p].an fc-:: the rei?lacement foundation and the propos-2d addition, sta ti r1q =::at an averase lakes:-iore setback Variance would b,; .c:-:!c;uired. s:-ic s,-1id, "I \'l-.,s advise..:: this evening by J ir.:1 Hanson, v1ho d .. c. "o beyond t:1.e fenced area , that there is structure Hithin the 12.::eshore yard." Hanson saj_d, "The:.·e i:., c cum?le:.:.e stain,ay 1.:ith bench ,_;eating, and i~terr:tediate stora:;e area, n:::>t entirely -dissimilar i:o ,1hat ~,e s,-:1w in the ~1cCloud ?..??lica.tion. I \"lOuld approximate that there i s 1 , 3 0 0 s . f . of gr::::..: n d cover i n the O •• 7 S ' a re a . I discussed the structu:::-e with Ms. Finney who informed me th~t the structure was installed t.;o c•mers a:Jo. Permits \·12re n,,t obtained, no~ were any Variances gra.nt~d for that structure_ In this c<'lse, I whole-heartedly 3upport the addition p].ans the Finneys are proposing, but I \,'Ou.:.:: a:--k for trade-offs." Kelley asked Finney to s~ate her hardship for the requested Variance. J:'in;:iey repl i.ed. "Tht~ house h-3.S one bt-;droom and is one and a half stories. Tne basement j s :unctional as a swimming po:::il at best. Ne have the s.,me circu:::stance d i.scussed in a-:1 earlier application this evening, wJ.th ou= driveway being abo~e the level of the h•.,use. '\lhen it rair.s, ::he w-::( ter Cl)mes down the b-::ck sidewalk into our basement. ".le 2=e hoping to put in a solid uall foundation. The squ<1re foota.ge o: .1ouse nm-, is 9t)O s.f. The -18 - -- (18)ZON1NC ~ILE :1626-THAFF CONTINUED 2:·1:~~1.:1~ C():nr.1!..ssic.n 1f t.h~:-· 1.lJ,J·-1lC ::ia·~:.)r:-t:nend -~.::?roval o~ a .~ot • . .;1.d;::1 a.id are.:1 Variance, .1.:. aL. 0::::12:-re..:;_..:.i.remen::s a:-e ~-~t.. Ee~lows stated that she \;Juld r~com.nen,::i dooroval of a :o:. ,-:~dtl, . ,1nd are:c, Var.:..:1nce ~•.=cause t:1(" ha?."dship runs ·\,i'.:h t:he: lan1i because th~ C..1..·t-/ !:."ccogn1.ze·d t>te_ ·l,~~ cJ:"'.: bJi Ld,1ble, and it~ i~ s.?\vered-. ii<1:1s:J:1 :1-;t-ecd.. ~-~otic~,1, A1·~s-3, ~~£,11•.:.:i:·, ~~11.,-. ~!v~.lo:1· c.:1rr.:.-Ed. {f9)~;0NING FILE 11627-SAM MCCLOUD RECORD LOT 122, BIG ISLJ\ND AFTER-TUE-FACT VARIANCES-CON'i'INUt'\'l'ION OF i?UBLIC HE1\RING tt w.'\s rnov,~d b·;: H2nsoq, s0c:,r,d,•d by 3f?llo\;S, tJ) table . ~ -. .., - ; ~ t) "-I , .=is . .\ y:) s --+ , :--: ,:) :· s -l) • (110)7.0NING FILE 116 ✓~8-SAR/\ ;•, M1\RK t•'UJNEY 4195 HlGf-HiOOD ROAD VAR 11'\NCE-CONTl NUAT ION i)F PUBL .i C Hr:J\R [ Ne; ~ a Ll F i ;1 n e y ,,· <l s ~, , · •, s t~ :1 '.: • ~'..)tion, 1: ...; : 3 6 ~ . ;·1. , a -,d :: t.: . ; a rd 1 , , .:: this ,Hhi a st.::iirway. dtd. have .1n cpp0=.·~~•..::-11ty t·> ,:1.;;,.;u~;~ the structure \Hth her. T·1ere s.::if ,:-ty to ten L3 ,J de~-:k t.._•hi::~1 \-.·ot:Ld _1;.':.)e~1r t(' n,:·1 ~ ~ne:..>t t.i1e City's L1ndinc standac::s. r 1c st::uct,:c:·~ 1.s .Jpprox1rn<Jte.Ly eight. y e ~! '::'" .3 0 l ci • .in....: l U\.i~ .1 n s~ruc.:tu.-e [t ~3Y be .Jpo::o~~t.::itc c~r t!1) ?l~nninJ Ccmmissi~n to the.1 r: r0co~r"·:~nJ.1c..:.o.-: ..1 3t.,ter:10nt p~,rt.Jinin(J t,:, thL; bei-1q r,·:'-1gni:::,~cl ,1:;; .. 1 :10:1-c0nfor:ni1c str-ucture?. The c.,nr.,J,'. ' ' ' ,) 1 l 0·~•,·t~(l to any b: st:~:.icturai , l t :3 ll \ ~: l ~ l. 7 0 ::_ [1 1 t. i t. .._: t~ t ~ !:' i O !: ~ t 0 <; , a i1 Li t:1,1t -~"1' J.:••-~'.11>:~d n,~cess,1r\· \:ill h,1ve t,i t:1Jn fuLly t :...:) \•,\.l y s u.._ h n ::m-con [ -:n:r:ii ng structur1., .:ice innocc ·.ce o: ;.H:O~'C!.."t.y ZONING FILE NO. 1627 NOTICE OF PLANNING COMMISSION ACTION F-~ CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3/22/91 ---------------------------------------------------------------------------TO: Samuel A. Mccloud 5101 Highway 55 Minneapolis, MN 55422 COPIES TO: Carter DeLaittre % Lambert & Boeder 1000 Superior Blvd Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance DATE OF MEETING: 3-18/20-91 VOTE: 4 For O Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Tabled pending receipt of a plan for modification of deck/stairway/wall system in keeping with the provisions of the staff recommendation in the memo of 3/12/91. Planning Commission generally indicated agreement with the staff recommendation, and advised applicant to work with staff in formulating acceptable revisions to the structure. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the April 15 meeting is April 5: or May 10 for the May 20 meeting. 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. CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices April 9, 1991 James Bruce Homes 539 East Lake Street Wayzata, MN 55391 On the North Shore of Lake Minnetonka Re: Big Island Recorded Lot 22, Orono MN Dear Mr. Bruce: The Building & Zoning Department is in receipt of your application for a building permit, which was received by this office on February 14, 1991. A review of the application finds that the following information needed for review is missing: 1. Specific Building Plans -Details and sections of roof structure -Beam? Collar ties? 2. Specifications -Engineering required on foundation. Review of your application will not continue until the noted items are received. Failure to submit required items immediately may result in delays in issuance of permits. Please contact the Building & Zoning Department at 473-7357 if you have any questions. Sincerely, c?J,CGtrvt>.__ Lyle Oman Building Official cc: Sam Mccloud 5101 Highway 55 ?-!inneapolis, MN 55422 Carter DeLaittre % Lambert & Boeder 1000 Superior Blvd. Wayzata, MN 55391 LO/lsv BL'ILDl.'iG &. 20:",ING -473-7357 ASSf.SSI:'\G • ADMI:\ISTR.\TIO.'i & FIX.\."-.;CE-473-7358 FAX -473-0510 • PUBLIC WORKS--li3-i359 Samuel A. Mccloud 5101 Highway 55 Minneapolis, MN 55440 CITY of ORONO ~ Iun.icipal Offices Post Office Box 66 Crystal Bay, ~fin.oesota 55323-0066 RE: Legal Combination, Big Island Parcels Dear Mr. Mccloud: ----- In order for the City to complete the filing of your subdivision which was approved in February, you were required to legally combine Lots 9, 10, and 11, Morse Island Park, with the portion of Government Lot 3 abutting the lakeshore. Attached is a request for legal combination of such parcels. Please sign the request form and return it to the City. We will then forward it to the Hennepin County Tax Records Department and proceed with filing of the subdivision. Since your Certificate of Title already reflects the subdivision, it would appear there is no need to revise your deed or that of Mr. Bruntjen as a result of the subdivision. Regarding the deck revisions and the building addition, John Martin has contacted me and notes that he and David Anderson will be working toward submission of a plan which the Orono Planning Commission will find acceptable. Once the City Council agrees to such plan, the deck revisions can be completed. Because the subdivision approval expires August 10, time is of the essence in returning the legal combination form. Please return it in the enclosed envelope. If you have any questions, please feel free to contact me at 473- 7357. Michael P. Gaffron Assistant Planning & Zoning Administrator Enclosures: MPG/lsv Legal Combination Request Return Envelope TELEPHO~"E-473-7357 • E.\..X-473-0:510 iifOMftT!tSN?'"#tf:tltMl!ftWtff?R:WntemtfWZ .. mw >D1Rttrfttfttff1F Y ·ma: ft%i$:11¾e/CM:ilW LIESCH ENGINEERING 'rCOR~l\TION 13400 15th Avenue No.• Plymouth, MN 55441 • ~12-559-1423•FAX Nb: 559-2202 December 30, 1992 Mr. Mike Gaffron City of Orono P. 0. Box 66 Crystal Bay Orono, MN 55323 DEC 31 RE: Timber Retaining Wall Review for Samuel A. McCloud, Big Island, Lake Minnetonka, Orono, Minnesota Dear Mr. Gaffron: Liesch Engineering Corporation was retained by Samuel A. McCloud to review the structural integrity of the timber retaining walls located on his Property on Big Island - Lake Minnetonka per the City of Orono's request. Based upon review of the attached drawings, sheet 1 and 2 dated February 19, 1990 by Edgework Builders, it is Liesch Engineering Corporation's opinion that the retaining walls design appears to be structurally sufficient for the intended function of resisting the present lateral earth pressure. If you have any questions, please feel free to contact me at 559-1423. Sincerely, LIESCH ENGINEERING CORPORATION d)i{ a {J4"0 Galen A. Peterson Structural Engineer cc: Mr. Samuel A. McCloud l'v1r. David Anderson Attachments maw:ltrl22892c/GO w '' EE&& BRUCE A. LIESCH ASSOCIATES, INC. JOS NO i I i , ! : PAG<:~_o.: z_ st.JSJ:::i E' :n.o~ 1N1'? "'41'#,U.., Z~1/:E!..J./ ;:::-..,g Sr:.\M \•k,ClouQ · Q~e:JO,,.. ~?s ........ :EE:. ~C> 'O'\lAW1NG, NO. 2 ( SSG"i10~) ~ar:2. ~ £.e-7l.').,,!LN6t-WAU. W~c.\.l (r-,l(E,g)..i,S ~E OE:'$il,-,.J.. =-:;, ALL vi/AL/ .. ~ ~A.VE ~~ ~A)--A.e. Q1.Jlt..N.1rr7 j. 01 ~~oN.5 a 'I=' me-·· DeAD1v1A-N .s ., ~ co'l.rn,...i uoo.s ..iN c. i-1.o RS • ,{$.ScJM.e. ··os.u:,~· A,2t:: . AtlGQU\.1"'eL)' COi-..l~EG.1="-D-11) A.Nc.p.c,f2s ~___,"-,-- ' ·,. ___ _ ;,z. I ~---~- .... -~ ASSr.H,,\cO i. T-'!1:-,-;1,,o ___ ...,. ___ {;;_~ ___ Af.)....,.E:_ f'Ai Lu fl E:. 'Pl.A.Jo\\. e. . I 11 -o )' LI 1\ .;;;-0 : • A~'-AC{2.,:-;-AiE ca'4-n~i.Jcv::i A~0 Are C..0~ Bi:~•1'.1O 'TI-lE. rAIL<JeE W5D~'l:. , 1AeRS:~~ T-¼.Sy APP.SA£ 1'D &E. ~ML.E. 0~ O~VELO?Nlr rCLL pA.s~,V2::'.: ==-ArZ~ PeE:~u(<E., .-=;> Wfi~,J-j ~NO)"//NG: "'T"'!:"'3. ~F y..,;;,Cf'!(,.;_ '?--"ATL • J ~.$1J,"v\~ -r~E Foc..Lowo,.JCT REl-A'Tlv~L.'f co)..!seevATlv'.f=.. vAt-vf!~; -:i..r o o<:-C / ,.., ,. ~p-;.~ -,-,::, 1-· / -o-:-,, . JAN 13 '93 12:27 B.A.LIESCH ASSOC. ~ · BRUCE A. LIESCH !'8111! ASSOCfATESI INC. "' iii ••O ,o,a.::.•<:S • ·.a.: •• ~:'.. I'! • ,.,, OQ, ... ,-,,. «:.,i.h•, 1340015rt\~ N. • MIMi90i::,oli6.. MN s.5d41 • 612-SS9-t.0 -. ~ -7'- .(Pp: 3{;,0ps~/;+ ~{ZADE- ~ N N _ ____,.__.__,..._ ____ ,:...,,.._ .n JOSNO. [ l i l I i l [ l ~AG!: z oi:· :2 SU8JECT R ~Nt'1--1 (z wAU tZ E\11 S,..,) 7 ~o g <;"'A }I\ \.A~(. L ogQ ; OIZ""-, Q """')...! fd,' 't ~ ,, {, 5 '/z '!< '5 'l-z_' Ac:..TOAJ,-) 17M~ R~1A1NfNtr-WALL . I 5.2 P.. -r P", -t-~3 ~ I:, --lFioM ~co e~01L..1&gi<JM ~ P..;.;: :)~ u::.e.. .~ FA~. oF '£"AFeT7 0~ ~ 2. Pe~ C,-voo ;5Nt:m,.J~n-J.f:; -.. .. paA.cTi<:..E:.. ~-= t; · 2 ;,/( 4o lb /µ,"L /+1,. )l S, 2 t:;!:.) .,, 5f0 1bs.. . (Acn-1i::. Fo~~a) 2 Pp :: 3bO '1' Z ~Z ~ 0.4-58 == 3(o::, ~hs /+.!,. oJ. w .. \\ z. (I •• r--10 - TO: Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: January 11, 1993 SUBJECT: #1627 Samuel A. Mccloud -Variance -Continuation of Public Hearing List of Exhibits A -Plans submitted for structure revisions B Letter and calculations from applicant's Engineer C Planning Commission Minutes 3/18-20/91 D Planning Commission Action Notice 3/22/91 E Memo and Exhibits of 3/12/91 Summary of Request Please review the memo and exhibits of 3/12/91. A deck/retaining wall/stairway system was constructed at the lakeshore of this Big Island property some time between the 1987 super storm and the 1990 septic system inspection. Applicant subsequently made an after-the-fact variance application, requesting approval to keep the structure, which was before Planning Commission in March 1991. After discussion, Planning Commission tabled the variance request, directing applicant to provide a suitable plan for modifying the structure per the City Engineer's comments, i.e.: A. The majority of the deck should be removed. B. Portions of stairway and deck could remain to provide access. C. Retaining walls to be modified as necessary. Applicant completed the required subdivision/combination for this lakeshore strip in February 1992, and his agent, David Anderson of the Village Craftsmen, has submitted a proposal for modification of the structure. Discussion Applicant has submitted a letter from Galen A. Peterson of Liesch Engineering Corporation indicating that the design "appears to 0e structurally sufficient for the intended function of resisting the present lateral earth pressure" . Clearly the applicant would prefer to not modify any of the walls. The City Engineer was not willing to confirm the adequacy of the design given that so many assumptions were (necessarily) made as to soil types, connection methods, etc. Staff would also note that Mr. Peterson did not sign his work as a registered engineer. Given the - Zoning File #1627 January 11, 1993 Page 2 above, Planning Commission should consider Peterson's letter as merely an opinion that the wall is structurally sound, but certainly it's no guarantee that it is adequately designed and constructed. Similar to the recent Koehnen application in the Minnetonka Bluffs area, note that the building department normally requires an engineered design for any walls or wall system in excess of 4' in height. Aside from the issue of structural stability, the two issues of safety and visual aesthetics remain. From a safety standpoint, staff has requested that the stairway be generally enclosed with railings so that there is no direct walkway access to the terrace areas above the walls. Then, we would suggest that plantings be of a density along the upper edge of each wall to discourage foot traffic on the retaining wall system. The visual aesthetic issue is primarily a matter of screening. We have asked for a planting schedule showing type, height and placement of plantings to help screen the face of the walls (not received as of this writing). With wall heights ranging from 3 1/2' to 5', prior discussion has suggested that adding intermediate walls may allow for greater wall coverage by plantings, although it can certainly be argued that plantings can be chosen that will provide screening. The visual impact was not apparently as great a concern as the hardcover issue with the Planning Commission in March 1991 (see Minutes). Hardcover Please review the hardcover facts in Exhibit I of the 3/12/91 memo. 0-75' hardcover as built is 10.9%, but would reduce to 3.2% under the current proposal. This includes 40 s.f. (0.3%) which is part of the deck attached to the house, which encroaches about 4' into the 0-75' zone at one corner. Staff Recommendation Given that the City Engineer cannot confirm the adequacy of the existing wall system, if it is to remain and the City is to issue a building permit, the applicant must agree to not hold the City liable if the walls should fail. Under the assumption that a proposed planting schedule will be available for review at the Planning Commission meeting, you should determine whether the proposed plantings are aesthetically adequate so as to screen the wall system as it currently exists, or whether modifications should be required. -- Zoning File #1627 January 11, 1993 Page 3 Planning Commission's optional courses of action include the following: 1. Approve wall system as is, with the removal of decks but retaining the stairways as proposed. 2. Require modification of the walls for aesthetic purposes to allow better screening. 3. Require removal of the walls and deck in their entirety, leaving merely the stairway, applicant to find some other method of bank stabilization besides retaining walls. 4. Other. Approval of the request as proposed (with no modification of the walls, decks to be removed, stairs to remain) should be subject to the following conditions: 1. Planting schedule shall be adhered to and completed within 12 months of completion of the retaining wall modifications. 2. Hardcover variance granted only for the retaining walls and the walkway/stairway system, as well as the 40 s.f. of deck near the house. (Option: require that deck near the house be modified to eliminate all portions encroaching in the 0-75' zone). 3. Recommend Council adoption of "automatic lot area variance" resolution (see 3/12/91 memo). 4. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. Further, applicant shall obtain the necessary after-the-fact building permits for the additions to the residence (which the Building & Zoning Department has determined meets all pertinent zoning standards). 5. Applicant shall agree to hold the City harmless from any liability if the retaining wall fails at some time in the future. Note that applicant did pay the after-the-fact fee for this variance request. ch TI-IE VILLA: Minnesota L F-J l-l Dear Mr. Gaffron. rJAN i 9 i993 Jan.18,1993. Subject #1627 Samuel A. McCloud After having read Mr. Peterson's letter regarding the structural integrity of the retaining walls "as built", the letter that• I've recieved did not go as far as I had hoped it would in description of structural on the walls. At this time it is after business hours and I am unable to get a better clarification on this matter, However, Mr. Mccloud has agreed verbally to sign any disclaimer regarding the retaining walls in "as built" condition. Regarding Planting schedule. Our proposed plantings will be: 1) At lowest level,(closest to lake). Evergreen trees,of a type that will grow to a height of at least 6 feet, and will become full,and "bushy" 2) on all subsequent levels, hedge type bushes, that will grow to a minium height of 4'-6" and will be full during the normal growing season.(to be of a hearty variety,so that they will continue to come back each season with little or no maintenance. 3) Top level: Flowering wild rose bushes. Will grow to a min- imum height of 3" and have sufficient"stickers" to keep any one from getting close enough to the edge of the retaining wall to fall off of the retaining wall. I apologize for not having gotten to this any sooner,but the package regarding this matter arrived in our office while I was out on a long weekend. SinPJ~ David T. Anderson V.P. The Village Craftsmen Inc. 701 W. Highway?, Excelsior, MN 55331 • Phone: (612) 474-0981 __ TrIE VILLAGECRAFTSMEN, IN 1C. Minnesota Liscense 0005766 Mr. Mike Gaffron Re: Mr. Sam Mccloud Additional information on Plantings for f--/1•-·~ Bottom Tier: Globe,or Juniper Arborvitae,Fir tree that grows to approximatly 6' in height and is very thick and bushy.It will be ideally suited for blocking from view the first tier on the timberwall. Second Tier: Gold Flame,or Anthony Water Spirea. A very full bush that will grow to 3'or3'-6" in height. When in season, it will do a very good job of hiding the timberwall,and will also act as a barrier to prevent anyone from falling over the edge of the wall. Third Tier: Same as Second Tier. Fourth Tier: Japanese Red Barbary,or Emerald Mountain Honey- suckle. Once again,a very full bush during the growing season but with the addition of very nasty "stickers" to prevent anyone from getting to close to the edge of the retaining wall. Grows to approximatly 3' in height. We feel that these selections will be more than adequate to screen the timberwalls from view,as well as provide enough of a "safety barrier" on top of the higher timberwalls to prevent anyone from getting injured. 701 W Highway 7, Excelsior, MN 55331 • Phone: (612) 474-0981 r:-"~ .. -.-... . ---- ·.~-~ . . ;-· ... , -. -.. . -'~. . ., .. ~;- --! -· . ~ . - -.~·- --~, ... . -·.,-:,•: • l :~ --L .. ..,~ .,. ....... .-.. ;: _-.. . -. .;_. ~~- ,._. ·_:;: .:i<, ... , ·:,r . .: ·sf::, · ~;1(:'~H'f :c,··:._:·\',_.-;{ :. / .... - . -·~-1•:.:--::, ··-. .. -~-.: , .-:.,. .,-.. ·-·-1 ~--.-.-:-· -•· .. --~~ f .. ~~~ _:',_ .,,·.-. __ --~ ----.-•:_~;: . ~. -.... -:: _ ...... ... ~::, -. v-· \· ·:-:-. ,_. -- ,.;-... ·i .. ;:--_:-~ ~~ . .. ... '. '•_--:~~ .--~-~ ··· ... 1':- ~--:-... ~~':" .. ...: . --..:,:-_:-...{.G'~$c····· ••-~::---·, .•. _,,.~-~-•• 1 ·\ , ··•f~.,-, J::.'7:v(..,i• -~-•. ,:f...,,~ ...... i;,'<"•,·:,v--· --~~--_,, --~,--__ ., , .. ' L" -·,.•· •• -~., .... -.,•.·.1.;:-.~ ... •· --•-.,i_~~'f. ..• ..:,. •··~;r ·,;,._,,t?.--i:~~,.r•,'" .. .! .·1-~~•:;'.";.;-h--·, .. : -,.,?': -~:-''-<,:· • ·/';:·-:.--u, ... ~ ~"_..,,,_ ,1"t' ~,·r,•..-_:-,._.--.,..,:¥ :0 ~--~~---,~~1r•';::··,1~-~-1 . ",:. ---.~-...;,. ,r .. :_, · -T ~ ....... ~_,.,.. ...... .,._ ·:•·,;:: ..... _.,._,,-.'<- --··-·-•.. •'·a·' 4.,.,": . ..; , -.. i.··· • ', '-i:: . "l'I•· <.;.: ~ /'"'f. ~ -._. r,,,-:--.,.,, . ~-'::--..... ~-·--'?"". -. ' ~-., ' , • -r < 1l ·') . i 'f"•~ ' • ~~ • --, • . • ---~ :•.-,?;~•~, .. ---·'-~.,.,-,_,::'¥;:,_. -,-.'-.,"':f;:";, ~ ; --~--:~r:;•.c.·;a•,•it;/· .. ,_,,,-·/;.".~:-\t']·-•·""7"" .,-_-.·•;.__~'.1-,<.,_ ./-, /~/./ .i!'·. ,;,.:::;fj.~~•r?,A. ·.,:-;J'··;.~~,{-~-.·ri., • :,/•·/r•/fi.:.~•• .•~••• f . C _-fa/ ,c.._,,~_.,-,.,··-__:::..-~;;~••,•,._)j.;'~:;-:.-~~ "· ---. -r · --.l>,t·: -'°' • , -:,. \ ,l-• ~ ~-~ •. -·-1/-{ ;11-· • -<-.!: • • • -r · ,:: " · · ,·. ·.~ .• ·;,.·.ii.,~ .. ,-.,~ ~ · · · --:·.:;-_ •. '"; "..· ·-t-, :r ·{ ;-·;;.: --:.. .:, w~·::.i ..,. · .~--_ :--:-r-1-,,r;'-Ji,;-i .4-:-c,! -• :\ .;, • ""'.l,011!-,..... ~--:.-.~ ... ~-• 1 •!.::. :: :, .. ,.* .1'ii>i ~-.-·'""'-!.;-·_ ~~ •.. :;: :,.:;;' -;:;.~--... -= .. :-""'--_ ....... :;.:~~-t,;-. ,, . .,.._ -~:_--~~~~ ~-_.: __ \ ~-~ ·+~1,·· . __ ::.~ti~,--_· __ . . . .. -··-~ _·· c~_-:_:.·:d, _1.-~:. r~~_:_~ .: ~,--· ........ _'r}. ~ ~ : ·_. ~-. '·~~.::._,_ ·:_ .· ._ _:~ _' -. . . _:.--__ ~--; '~~4t-t_,.-_J~·,-_t-: .. ·\-\.,_<·.·:::~.r~i~:: ':;I:::.:."",~~~ .:<._;_·?,;;l. '.f~::;/'a ' • • }~<~ "• , , .. -.:o,\'\ .' CS,•· '~. ,•1k . • ,:"';' ,.;, ' ' tJZv,, · ,~"C,, • f U.• '~/• ',.i'lJ~.;,l:!ii-"c;,...-...~~1;-iL-!li.;.....:J...;..&,1-~:-,..!i.4>-;: ;:.-!\it""':·':. ... -:: .. -:--~--~r-~·-,~•..;;rJr;~l ~,.: -:;._..f_ \ ,_::,·• .-\t:>-'·_ .......... ..,...::~ ~-.:~ .-.:~, .. • ,_i. •••.._.._ ---• ,--~t:--_--:• . •✓,. •-•. C :'.__ ~ '• • •• ---~--:-:-~-:--:--:-.... ~;;...-----......'::.....-,......:..-=:::..~:::.:.:.::. ,,_. • ,..,-._. . . -+-!,-..--"-'----.... . -~ ---------.,.;;. ..... __ .. ,,.:.;.. · .. -~ ... ;; :.· i:(·> ;t~;;~h ,_ ______ -_----~"-'"_._'1~ ;,.~~:¥~ f ~;i}~:.~2-: ~ -~~~:~i~_),, __ ,_:~.t~,_;~~-~~~ . ·-• --~, '.: ·: ;t .~ .,--- ·.• .--_,., ... •.· ·"¼.. .... ' ·~ ~--_._?: ... --~-~r ~ ···;.'//."- -:; r. ,_ ·,..:• .. - •. ...... .,,,,;• .·-ft&,-_· •. ~;:.~:· . _...:_ ·-.·---· ::·· _.,. --~/:-;.··~: .· ..... -.-·.·..:. -~-'. ,',!:·.· ... _:.· .,, ---~:. :~_ { ~ !.~ :·· : . ~-- --~ ·. !J . ~-. ~. . .... -••:-' ... ;,..:. . :...,--...··· ro f~~->"-•':"' :--?· · .. · ... .f: . ~:?~~~~­ :;-~~- ,-~',_.\.,! .......... -~-- .. :.:· ,; .... ·-_; _, . :oi;_ ,. "it~:_ .·r ~ _:-? .Y -~~::;~. ~:-::-· -:--~-~.~~--\:.--~f~i~,;...~==~-.;...:J~-t~;;;-:---~11-:....:.:__~J!_!ljj_ .... :·. . } ... -~·1· . --~ .... • ..-~.;i."'"' -;-_.;. .._,._~----:· y.,.;.. -· _.,_, ,.-.-; -~-~-:~~: ~-. .. s. ., _____ ..,.,. ....... _ --~·.: ;. . ~ - --~ ..,.. .. • ✓ ... -•• •• -·· ·-· -· -·-.. ~----- ···:. ~ .---◄.·· .. : .. _ -·· '-.[...-:.· --.. J. ,· . ---~ ·-,...-:-~ ·•·;--;· ·::·· . ........... .; .---. . -· -. ·( , .. ,._ ., .. ·. -, .. ·. --~·· , .. :. .... :-· . ..... .i .. -... -t.. '"-:--· -'·· :,." : . ·-.,. .. . --~-.... .. • ~.;, --.j,:_ . ""., ·; .; ., ~ ._~".;:... ;· -· .... _. ·•.:: . ·-. ...... . --::•: ,_\ ... : :.:~- _ .•• ,_._<_•,-.. -.~ --i:~~!~{---""(.._ . t·-~:-:· ,I, . : __ ·;,~~---i ,/J;:--: .c:•. .--.•. --<.,/•· :c>•?t~> .-•:·. ""::'·· .. ;:· . ..... __ _ t' .. - -~ _-: .- . . ---·· -~· ~-.-.· -~=.: . ~~;..: ~ . . -._,:._.· -----~·-:-..... _ .;. ~ ••,l.h . . ' ;-.... -, ~,.. i;. ·, ........ -:. ·,'~ -:· . ~. ., ......... ,: .. '.)(1-:· . --r-. , . . ~1-~-::··. ;-;·. . -.-_-·. '"·r--: -.-,_ --·.·· ~' :" .: .... :C,-' ·_ . • ... >··:_;--Y . ·.·.:.t~·-: -t" ··-- _. -·~: ~ -=-::-;_ .· ... '. --~-....... -~ ,,:.. -. ,,. .. d.·,. ·;-:·", _, r:::. .. -· •t -: .. .. '· ... ,. -.... - .·:·- ~-: .. :·'-: .. --· ,_ .-...... -,,=1. --. -,..-· -~--- -_;· .... _. ... : ."¢ ~·-. •. ___ :-. ,· . ~-~- •'.,('r- ·- :.. ·.:<--- ]~· ,._ ... _. ·,;• ... . -. ~-- . ~· ... ''. ., .-..J ... .. • .~- -~. . .. · 1.:.7' ,-... ~: _ • .-_>-.""" ·: .-} ·:1· ~~-.. ~ .. . ,. ·i ... --::.- ' . • 7-'•"-•• ... __ r:·-.-,._ ~=-- =·-.-- _; .-. .... -.. .- ·; ,,:._; __ .. ·._· .. :.-:::· •,,!;., •• ~--~f'r::i ~--:·_ : .. ·.::. ·!1:~- .. ,----· ... ·-:·- .: ._ ... -:- -,'. ..... -.. ~i }\" 7 .. ;-?~ ,. '." ... ~-'.;'\_ . ::_.,i:/-·--= ·· .. ; ...... .: ·.·•"·•";_:.:- ·-:.•_. _·-I ~ ::-._. ., ..,- "!"~~ ·• J ..• ·~· >-~~r .. -~,t:·_ .'';',!~ ___ _::.. ( :-- . ,· --r_-.~ .··..::_ --:" . ~.;.~:-?:~----· ; .... -. ' ~--:- • ...... ~· i-. . -~~ ·- ··.-"'. --~-; -~--~ .,::.-.... :... -! • -· ~ -···i. _-.--...... --.;:t , • __ ,, :.,'#~:..-_-;..,;-: ..... -. ). ~ .. : .• ·,: . .,- --~-----' . "'"'~-.-· ··i. .:_. .?.,. ...... -·•1.. _·,r .. ·•·· "':~-- 11 ... ·: -··. ..... -·._ ."f'· . _-,,., _.;;<~./ . . •·· . -:; .. ·.JI' ·-. .: ;_,.~--~ -::.;.;.~ . :.~ . _.:.· . ·.'- ' --~--: --~:-,. :,·~ . • .. ,, .. -~ . .·J:,; .,,:=:"• --•·· ~--"le·;..· ··.;-· ""' . ·-•. -! ::-• . .... ·-~ .. -~-~ • ,: •• 'I, ---~-..:..., ... ·/. ~ ~-;-;_:~~---:· . ;.: ·,· .... :-. . -~.,.· --~--. ._--r. •• .-_·..:.•. --:-.- ~ ·:: .:-- .,·: .... : .:::'"'; ;.-:-.,• ... _ .. ~: :_'!l¼ .... , . ...... _.""?·• \ .. :::.·.:. ~ -.~~~ ~- •\c.•· :;·;-: ~•~..:. _; ... ~--, ..... . . . .: -~ . , ... ;:.·. >. -: ~.~.:-.... - _,, :.... .. ··#\{· --~-~-.: ·--?ii'- ,_::·_· ..;-. -~·-:~., . . .. _:. j: -·~: .. ;· .. "" ·~--:. ✓-~•.-: <-;" -~ ·~-.· _ . .;._.- , ...... ' ;J'· • . •1"' --~- · ... --. . ' .-~--~--:~ - ~'--·•.,· ~.-.. -~ ~.·; ~~~:~~~\-~-\~. . .-'----·: :·,,_--::-.~:~--, 1& ~-;• '._•.~-.•It .· ·-,.,_,, ... , ·-. ;.;._--~1~-------------~--..,....-.,.;-.----' ... . ... ·1 •J '. •• -·~- . :-· ·---. ·-; ,·;·· . L/ '-n" -~)·" ·_.-·. ~ I . .,, ROLL MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 The Orono Planning Commission met on the above date with the fol lowing members present: Acting Planning Commission Chair Maureen Bel lows, Charles Schroeder, Candace Rowlette, Jeff Johnson and Ed Cohen. Stephen Peterson was absent. The fol lowing represented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, and c I ty Recorder Ter I Naab. Edward Callahan, Gabriel Jabbour and JoEI !en Hurr were present. Chair Bellows cal led the meeting to order at 7:00 p.m. (#1) #1627-SAMUEL A. MCCLOUD, BIG ISLAND RECORD LOT 22 _;VARIANCE - CONTINUATION OF PUBLIC HEARING 7:00 -7:25 P.M. David Anderson was present for the application. Mabusth reviewed the former application for the Planning Commission that involved a lot I ine rearrangement In March 1991, and an after-- the-fact variance deal Ing with decking, retaining wal Is, and extensive stairways, which were constructed some time after the 1987 storm. She noted 40 s.f. of the deck attached to the existing residence and al I decking near the lake are within the 0-75' zone. Proposed hardcover with In the I akeshore has been reduced and retaining wal Is remain, which the appl leant proposes to minimize the 3.2 to 5 visual Impact with plantings. The applicant proposes 3.2% hardcover In the 0-75' zone versus 10.8% existing. Anderson reviewed the types of p I ant I ngs he proposes for the property. Cohen asked what comprises the 3.2% hardcover proposed. Mabusth explained prior to the 1987 storm, the property had approximately 1% 0-75' hardcover which comprised a stairway to the I ake necessary because of the steep s I opes. The 3. 2% proposed hardcover includes the 40 s.f. of deck attached to the dwel I.Ing. Chair Bel lows expressed concern about al lowing the retaining wal Is to rema In wh I ch In essence Is the "bones" for the deck Ing, and questioned what Is to stop the applicant from rebul lding the deck areas. She asked how the bul I ding inspector felt about the plantings versus the rai I Ing along the retaining wal Is. Mabusth stated plantings as such have been approved before In other locations. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1627 -CONT. Rowlette felt they should be given the opportunity to review the property prior to making a decision. Cohen stated he would not approve after-the-fact hardcover lnstal led within the 0-75' zone, and agreed with Rowlette that they should be allowed to Inspect the property. Chair Bel lows indicated the proposal Is based on an engineer's opinion, not a signed recommendation by a licensed engineer. She felt If this were approve9 they would be allowing a potential for the decks to be rebul It In the future. She felt the deck attached to the residence Is enormous, and she felt that should be reduced to meet the 75' setback. Anderson stated his cl lent would not object to reducing the size of the attached deck. Chair Bellows suggested tabling the application to allow the applicant t,ime to complete the fol lowing: 1) the engineering to be done proper I y , i n c I u d l n g mod I f I cat l on of the re t a I n l n g w a I I s ; 2 ) revise the plans so that any flat area remaining Is not wider than 3'; 3) deck attached to cabin to be altered so as not to encroach the 0-75' setback area; and 4) portions of retaining wal Is needed to support decks to be removed.· Johnson asked how much of the retaining wal I system was lnstal led to reta In the s I ope versus how much was bu I It to support the decking. He supported the Idea of retaining the slopes that fel I In from the storm. Anderson stated he could not answer that question. It was moved by Cohen, seconded by Schroeder, to table Appl I cation #1627 for Samuel A. Mccloud, Big Island Record Lot 22, to al low the applicant time to revise his proposal and submit any additional required documents. Ayes 5, nays O. Cha Ir Be I I ows recommended the app I I cant resubm ft h Is proposa I In time for the Planning Commission to visit the property. 2 , .. ! -~ f -I~. CITY OF ORONO P.O. Box 66 ZONING FILE 1627 ~ NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 473-7357 DATE OF NOTICE: 1/27/93 ------------------------------------------------TO: Sam Mccloud COPIES TO: 5101 Highway 55 Minneapolis, MN 55422 David T. Anderson The Village Craftsman, Inc. 701 West Highway 7 Excelsior, MN 55331 -----------------------------------------------------------------TYPE OF APPLICATION: Variance -----------------------------------------------------------------DATE OF MEETING: 1/19/93 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Applicant to do the following: 1. Provide registered professional engineer certification for the retaining walls. 2. 0 Provide plans to modify walls such that terrace widths do not exceed 3 ' . 3. Portions of retaining walls serving merely to support deck must be removed. 4. Bring this back to Planning Commission after ice-out (shoot for the June 21 Planning Commission meeting). Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 21 meeting is June 1, 1993. 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. lsv G--/ CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 September 27, 1994 Mr. Samuel Mc Cloud 5101 Highway 55 #1000 Minneapolis, Minnesota 55422 Re: 470 Big Island Dear Mr. McCloud: I am advised that you have applied for the homestead tax credit for your property on Big Island. This is to advise you that per the municipal code sections attached, a conditional use permit is required for RS District occupancy exceeding 180 days in one year, or regardless of the duration of use where a homestead credit is claimed. I am enclosing the conditional use permit application form for your use. Additionally, I still have an open file on your illegal lakeshore deck. This application was tabled by the Planning Commission in January 1993 pending your revised proposal, which has never been submitted (see Planning Commission action notice dated 1/27 /93). It is imperative that this matter be resolved as soon as possible. Please contact me at 473-7357 if you have questions on any of the above. Sincerely, Michael P. Gaffron Asst. Planning & Zoning Administrator MPG/ch Enc. cc: Jeanne A. Mabusth, Building & Zoning Administrator Rolf Erickson, City Assessor Telephone (612) 473-7357 • FAX 473-0510 August 15, 1997 Samuel A. McCloud P.O. Box 216 Shakopee, MN 55379 Re: 470 Big Island Dear Mr. McCloud: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I am receiving inquiries from parties interested in purchasing your property on Big Island. Please be aware that I still have an open file on your illegal lakeshore deck. I thought we were making progress on this in 1993 but the matter is yet unresolved. Please contact me at 4 73-7357 to discuss ·what steps are needed to put this to rest. Sincerely, J1 p ~~~/ Michael P. Gaffron Senior Planning Coordinator cc: Lyle Oman, Building Official Telephone (612) 47'3-7357 • FAX 473-0510. .tJ ~ II') L! ~ i ¢' ~ i 1 "? i 0 '-' ~l b) \l) " I) ~ '2 ~ lL -:::t u. ~ \11 ~ ~ t \l) vi tl "' ' ·---~---· . ~ . ·.: . -~· . . .. . •: ... . . ,· ::...- .";_ .. _,'\ .. . ".• t ~ I· I . I;: I i . t----: _. _,.,,,, . ·---.=t-,11~ H I • •1. !.I• ••: J t . . ) .. · ·_·: 1 · . . . \ ~~. . : .... STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono , Hennepin County__, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #254 7 was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 6th day of January, 2000. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 '. Crystal -Bay, MN 55323 'Phone (612) 249-4600 Fax (612) 249-4616 The Planning Commission will hold public hearings In the Council Chambers at 2780 Kelley Parkway on Wednesday , January 19, 2000, beginning at 6:30 p.m. on the matter of reviewing the following land use applications : 1. #2540 Bradley Hoyt , 2523 Kelly Avenue , requests a conditional us e permit and variances .to permit after-the-fact land alteration and construction of a retaining wall within -the lakeshore setback and to permit . hardc;over within the 0-75' lakeshore . • t •• , ·, -·•--·"'.• '., ,.,t ',;! .. #2~43 ',T~d. and Judith Edin, 3025 ·.Casc·o', Poin t'-~ R·oad, request hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story. 3 . #2547 Ki mberli and William Abbott , 470 Big Island , request after-the-fact . variances to permit structure to be located within 75' of the lakeshore and encroachment Into the average /akeshore setback. The request includes after-the -fact variances for hardcover in the 0-75 ' lakeshore setback . 4. #2551 Thomas Michael · Randgaard , 2765 Shadywood Road, requests a conditional use permit . to permit a 16' extension of a permanent dock within Carman's Bay of Lake Minnetonka. 5. #2552 Steven and Sheila Sigel, 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78' into the average lakeshore setback to allow an 60' setback , where 158' is required from the lakeshore and to permit 4,188 sq . ft. (30 .08%) of hardcover In the 75-250' lakeshore setback where 3,481.25 sq . ft. (29 .9%) is allowed . . 6. #2553 Good Shepherd Lutheran Church, 3745 Shoreflne Drive , requests variances to permit a 1 0'x4 ' sign to replace an existing entrance sign in a res idential zoning district. · 7 . #2554 Ann and 'Gil Anderson 845 WIiiow Drive South, request a front yard setback variance to permit a 10 'x18 ' residential addition 36 .5' from the front property line where 50'·1s required . 8 . #2556 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LA-1B " Zoning District; a front yard setback variance to permit a 21 .37' setback , where 35' is · required; a lot coverage variance to permit greater than 15% structural coverage; variances to permit 2,624 sq . ft. (27 .6%) feet of hardcover in the 0-75'. lakeshore setback, where no hardcover is allowed ; and variances to permit structure within 75' of the OHWL of Lake Minnetonka , wh ere no structure is allowed . 9. #2557 Judith and Daniel McAthie , 1449 Bay Ridge Road, request an average /akeshore setback variance to perm it a 20' encroachment into the lakeshore setback; side yard variances to permit a 10.62' setback to the north property line and a 9.93' setback to the south property line for a second story addition where a 30' setback is required; and hardcover variances to perm it 5 ,745 .5 sq . ft . (26 .27%) of hardcover in the 75-250' lakeshore setback , where 25% is allowed . 10 . #2558 Anthony Patterson ; 1780 Shadywood Road, requests variances to perm it the addition of a second story on the existing residence and to replace a lakeside deck within the shore/and setback. All persons wishing to be heard are encourged to attend this meeting . Written comments are solicited . Plans are available in the City Offices . For an appointment , please call 249 -4 600 . City bf Orono By : Planning Commission Paul Weinberger, Administrator/Planner Zoning (Published in The Laker and Pioneer Jan . 8,2000) ' Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER , Mound, Minnesota, and has full knowledge of the facts which are stated below : A.) The newspaper has complied with all the requirements constituting qual i fications as a qualified newspaper, as provided by Minnesota Statute 331 A.02 , 331 A.07, and other applicable laws, as amended. B.)Theprinted Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks : It was first published Saturday the 8th day of January 2o_QQ_, and was thereafter printed and published every Saturday, to and including Saturday , the ___ dayof l ~□--; &1tl &_ -= 7 Authorized Agent ,, Subscribed and sworn to me on this CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, January 19, 2000, beginning at 6:30 p .rn. on the matter of reviewing the following land use applications: 1. #2540 2. #2543 .., ., . #2547 4. #2551 5. #2552 6. #2553 7. #2554 Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use permit and variances to permit after-the-fact land alteration and construction of a retaining wall within the lakeshore setback and to permit hardcover within the 0-75' lakeshore. Ted and Judith Edin, 3025 Casco Point Road, request hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story. Kimberli and William Abbott, 470 Big Island , request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroachment into the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-75' lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road , requests a conditional use permit to permit a 16' extension of a permanent dock within Carrnan's Bay of Lake Minnetonka. Steven and Sheila Sigel , 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78' into the average lakeshore setback to allow an 80' setback, where 158' is required from the lakeshore and to permit 4 ,188 sq. ft. (30.08%) of hardcover in the 75-250' lakeshore setback where 3 ,481.25 sq. ft. (29 .9%) is allowed. Good Shepherd Lutheran Church, 3745 Shoreline Drive, requests variances to permit a 1 0'x4' sign to replace an existing entrance sign in a residential zoning district. Ann and Gil Anderson, 845 '\Villow Drive South , request a front yard setback variance to permit a 1 0'xl 8' residential addition 36.5' from the front property line where 50' is required. 8. #2556 9. #2557 10. #2558 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District; a front yard setback variance to permit a 21.37' setback, where 35' is required; a lot coverage variance to permit greater than 15% structural coverage; variances to permit 2,624 sq. ft. (27.6%) feet of hardcover in the 0-75' lakeshore setback, where no hardcover is allowed; and variances to permit structure within 75' of the OHWL of Lake Minnetonka, where no structure is allowed. Judith and Daniel McAthie, 1449 Bay Ridge Road, request an average lakeshore setback variance to permit a 20' encroachment into the lakeshore setback; side yard variances to permit a 10.62' setback to the north property line and a 9.93' setback to the south property line for a second story addition where a 3 O' setback is required; and hardcover variances to permit 5,745.5 sq. ft. (28.27%) of hardcover in the 75-250' lakeshore setback, where 25% is allowed. Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the existing residence and to replace a lakeside . deck within the shoreland setback. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. City of Orono B · ·ng Co/i~ion -UtvJ/VL-- Paul Weinberger, Zoni g Administrator/Planner To be published the week of January 8, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2549 David Lovelace, Continued) Gaffron indicated he would be willing to work with the Big Island property owners on this matter and to obtain the necessary information from the LMCD. Stoddard moved, Smith seconded, to table Application #2549, David Lovelace, 220 Big Island, until April to allow the Big Island property owners time to resolve t his matter. VOTE: Ayes 7, Nays 0. (#10) #2547 KIMBERLI AND WILLIAM ABBOTT, 470 BIG ISLAND, AFTER-THE-FACT VARIANCES, 11 :29 p.m. -11 :30 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were not present. ... Stoddard moved, Kluth seconded, to table Application #2547, Kimberli and William Abbott, 470 Big Island, due to the absence of the Applicants. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#~ 2) MIKE HILBELINK/JOHN VOGT, 3850 WATERTOWN ROAD, CLASS Ill SUBDIVISION Mike Hilbelink, Applicant , and John Vogt , Applicant , were present. Weinberger this is a sketch plan review with the Applicant proposing to subdivide a 21 acre parcel into a three lot rural residential development. The proposal would require, one, approval of a private driveway for a property to serve a three lot development where a road would typically be required for a three lot subdivision; two, variances to approve a subdivision resulting in a barn to be located within a required side yard adjacent to street setback; three, septic sites to be reviewed and approved by City Staff; and four, approval of a subdivision with an outlet dedicated to a riding ring in favor of proposed Lot 2. Weinberger stated the property lies within the RR-1A zoning district, which has a five acre minimum lot size. The major issue in this subdivision relates to a platted driveway and the location of an oversized accessory structure. Lot 3 has the required frontage along Watertown Road, with Watertown Road having been defined as a collector street. Staff has concerns regarding direct access to Watertown Road . If a private road is constructed within Outlot A, the lot would become a corner lot and the lot width would be measured along the private road. If the private road is · constructed , the lot would not meet the minimum lot width required for this zoning district. The Public Services Director has reviewed this lot layout and has recommended that Lot 3 not be granted direct access to Watertown Road. Weinberger stated some of these issues relating to road access can be resolved with City Staff. In addition, the barn, if developed with an access outlet or a private road, would require a variance to remain on the property. The barn would be located on Lot 2 and would be located entirely within the 100 feet side yard adjacent to street setback as proposed for an outlet. Barns are required to meet a minimum 75 foot setback to the lot line . Weinberger noted the barn encroaches into the 75 foot required setback . Weinberger stated the standard requirements would need to be complied with as they relate to Page 25 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (Mike Hilbelink/John Vogt, Continued) septic, park, and lot sizes. Hilbelink stated as it relates to access, he is unsure whether an easement or an outlot would be better in this situation due to the topography of the land. Hilbelink stated the barn is an existing structure and would be a nice asset to the property. Hawn inquired whether the barn could be relocated. Hilbelink stated that is a possibility which they have not considered. Weinberger commented the barn has been moved once before. Lindquist commented the Applicants will need to find a place for the barn where it will meet all the required setbacks, noting he does have a problem with the barn in its present location. Stoddard commented that the City prefers outlots to private driveways to avoid any possible - conflicts that may arise between the property owners. Hawn stated that the Applicants will need to address the issue with the barn further to try to avoid the need for a variance. Lindquist suggested the Applicants pursue an outlot rather than a shared driveway. Weinberger stated the barn would be considered an oversized accessory building. Hawn commented that it appears some members of the Planning Commission would not be opposed to the barn as long as it meets the setbacks. Smith inquired whether the barn will continue to be used for horses. Hilbelink stated that seems to be the appeal of the barn and probably will continue to be used for that purpose. Weinberger stated it may be possible to place a curb cut on Watertown Road but would be subject to approval by the City. Hawn suggested the Applicants continue to work with City Staff to resolve any disputed issues. PLANNING COMMISSION COMMENTS (#14) OTHER ISSUES FOR DISCUSSION Hawn inquired whether the Planning Commission would prefer to meet on Wednesday in January and February. Lindquist stated he would be able to meet on Wednesday if there is not a quorum available on Monday. It was the consensus of the Planning Commission to schedule the January and February meetings on the third Wednesday of the month for January and February. Page 26 -CITY OF ORONO 2750 Kelley Perkway, P.O. Box 86 Crystal Bay, MN 55323 Phone (812) 249-4800 ., . Fu (912) 249-4818 The Planning Commlaslon will hold Jblic hearings in lhe Council Chambers at 780 Keney Parkway on Monday, November 3, 1999, beginn ing at 8:30 p.m. on the alter of reviewing the following land use )plications : 1. 12486 Elaina Erickson, 1270 pruce Place, requests lakeahore setback, -1erage lakeshore setback, lot coverage and 1rdcovar variances to permit construction of new residence on !he property. 2 . #2525 Larry Jacobson and Vickie 'Neill, 635 Fundale Road North, ,quest a variance ID permit construction of -Jdltlonal garage space within a required ll'd setback . · 3. 12530 Willi&"!1 Wear, 2160 Wayzata oulevud, requests a variance to permit lowed signage for a property In the B-1 ming District to exceed what Is allowed by Jntage, and a variance to permit a sign to 3 located within the front yard ~!back. 4. #2534 W. Duncan MacMillan, 1820 >X StrHt, requests a variance from side 1rd setback requ irements to permit a 1rage addition to an existing carriage house. 5. 12540 Bradley Hoyt, 2523 Kelly 11nue, requests a conditional use permit 1d variance to pe rmit aher-the-fact land '.&ration and constl\ldion of ·a retaining wall ·thin the lakeshore setback and to permit U'dcover within the 0-75' lakeshore setback. 6. 12542 Bruce Hedblom and Carol ine-Hedblom, 2601 C11co Point Road, quest variances for hardcover, lake shore !back, average la~hore setback, and lot Affidavit of Publication coverage to permit an addition to the existing residence. . ,,,. . State of Minnesota, County of Hennepin. . . 7. ~543 Ted Edin, 30i£Caaco Point · Road, ·requests ' hardcover, lakeshore . . . setback, aver~ge lakeshore setback and,.lot 8111 Holm, being duly sworn on oath, says that he 1s coverage variances to permit replacement . and enlargement of an existing second story an authorized agent and employee of the publisher deck. , • of the newspaper known as THE LAKER, Mound, 8. #2545 Lou and Marilyn Fegera, 3590 M' North Shore Drive, request variances to innesota, and has full knowledge of the facts rh~~~=~t.ru ction °1 a th ree stal l garage on which are stated below: 9. #2546 Christine Wood, 4005 North Shore Drive, requests variance renewal• to permit a detached garage to be located 3' from a street lot line where 1 O' la required and 1 O' from the side or rear lot line where 15' la required for a structure In excess of 750 a.I., and to permit a net Increase In hardcover within the 75-250' setback. 10. #2547 Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroaching on the average lakeshore setback. The request includes after-the-fact variances for hardcover in the 0-75' lakeshore setback. 11 . #2549 David Lovelace, 220 Big Island, requests a dock permit for an Inland property on Big Island. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices .-For an appointment, please call 249-4600. City of Orono . .· By : Planning Commission Paul Weinberger, Administrator/Planner Zoning {Published in The Laker and Pioneer Oct. 30, 1999) A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed __ L_a_n_d __ u_s_e_A_p_p_l_i_c_a_t_i_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 30th day of October 19~, and was thereafter printed and published every Saturday, to and including Saturday, the ___ day of _______ 1g __ ; ~~d~nl Subscribed and sworn to me on this 30th By: u~-~_c_ 1 _:_~_b_e_r ___ , 19 -2.L_, NOT.A 0 Y PUBl 1C ~ M INNESOTA MY CGMMIS SION EXPIRES (1) Lowes c ass1 1e ra e pa, y commerc1a users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week : $5.14. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2547, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 4th day of November, 1999. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, November 15, 1999, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #2486 2. #2525 #2530 4. #2534 5. #2540 6. #2542 7. #2543 8. #2545 9. #2546 Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average lakeshore setback, lot coverage and hardcover variances to permit construction of a new residence on the property. Larry Jacobson and Vickie O'Neill, 635 Ferndale Road North, request a variance to permit construction of additional garage space within a required yard setback. William Wear, 2160 Wayzata Boulevard, requests a variance to permit allowed signage for a property in the B-1 Zoning District to exceed what is allowed by frontage, and a variance to permit a sign to be located within the front yard setback. W. Duncan MacMillan, 1820 Fox Street, requests a variance from side yard setback requirements to permit a garage addition to an existing carriage house. Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use permit and variance to permit after-the-fact land alteration and construction of a retaining wall within the lakeshore setback and to permit hardcover within the 0-75' lakeshore setback. Bruce Hedblom and Carol Cline-Hedblom, 2601 Casco Point Road, request variances for hardcover, lakeshore setback, average lakeshore setback, and lot coverage to permit an addition to the existing residence. Ted Edin, 3025 Casco Point Road, requests hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story deck. Lou and Marilyn Fegers, 3590 North Shore Drive, request variances to permit construction of a three stall garage on the property. Christine Wood, 4005 North Shore Drive, requests variance renewals to permit a detached garage to be located 3' from a street lot line where 10' is required and 1 O' from the side or rear lot line where 15' is required for a structure in excess of 750 s.f., and to permit a net increase in hardcover within the 75-250' setback. 10. 11. #2547 #2549 Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroaching on the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-75' lakeshore setback. David Lovelace, 220 Big Island, requests a dock permit for an inland property on Big Island. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. Paul Weinberger, Zoning Administra or/Planner To be published the week of October 30, 1999. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office • . CITY of ORONO Municipal Offices Street Address: · . Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 DAT A PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information 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 yo·ur requested'~erinit' 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. 9am IMf ~ /JI C,tj /51,{ 4 First~ Last City . State Zip Phone Telephone (612) 249-4600 • Fax (612) 249-4616 9 SignatureSec.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 indiviq_ual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six :t;nonths 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. 10 II II RUN DATE 10/18/99 BATCH .50.5 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI43.5401 PAGE 19 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF• ~ e · DATE/b/C/!IJ,y . d Sc!Udl½lj . ~ UJ ~ J.-I/ ?-e:l..:3-1 '/ ... 1008 .67 .. 320. 76 ol co rn '</"" (D ~I ['-... 0 0!}8,/f B 1:;---( 3) \ \. \ \ \ c&, 6' \ 7 \ \ *' 70':' 0 \ >'.>_, \. '- 8 0 'o ( 12) (D (3~ I LO 179. 7 5 7 I m ' I \LO I ALLEY t:2~-I I 7-o?,-3-'+I 208 5 215 4 z (D =::) ,.._.,/ .;:,. (D 3: 0 L '</"" '----[0 0 :z \ 6' \6' 54 ,·,..:,.. \U' ( 27) I I I I I I I ( 1) I I I I / / \ /~ \/ ~ C . (2 ~ u 11~ t ·.· @ -·. 3~ a <{ C. --1 OJ 9 0) .5 ( 63) /.,,,,f / ,,/'o'.9 \ Applicant: -··: ·- Address: TRACKING SHEET FILE NO . .J&&{-ct Staff: 1,A lg,ryj.>j k.11~bl(I i / lt\!I! l L Abbo tt I . . . . . . . . . 5q6 5 . Iv y ' ·w.ne,_ . Kt°V\t'\e1Dnl<a I H. f\J D Meeting with Staff: _________ _ D Date Application Completed: _ ___._.I Q.L.......:-J,""""""'"D_-9__.__91--- D Incomplete Notice Sent: ________ _ D Date Property Owners Notified: _____ _ [2( Date Legal Notice Published: )() ---30 -Cf 9 I · · ~ . PC Meeting(s): \l-15 ~11 9 □ City Council Meeting(s): ----=----~-- D Resolution X:\APPS\WPWIN60\WPDOCS\CAROLE\FORMS\TRKNG.SHT 60 Day: I~ -l 5 -'j °i Vote: -'7 -0 ~f..-e Vote: ----- Vote: ____ _ Vote: ----- · Vote: -----.-~· Vote: ____ _ _;_~-------- i /(}/ t./i,I t:; TC f/KA 1 fYlJV SS 3LIS-