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Home My WebLink AboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p .m. *7. #04-3056 DENNIS & EVELYN BRUCE, 3435 LMNGSTON A VENUE - VARIAN CE -RESOLUTION NO. 5256 White moved, Murphy seconded, to adopt RESOLUTION NO. 5256, a Resolution approving the variance to allow a detached garage to be constructed nearer the front lot line than the principal residence located at 3435 Livingston Avenue. VOTE: Ayes 5, Nays 0. *8. #04-3057 DON HENDERSON, 560 BIG ISLAND -VARIANCE -RESOLUTION NO. 5257 White moved, Murphy seconded, to adopt RESOLUTION NO. 5257, a resolution granting a lot area variance for 560 Big Island. VOTE: Ayes 5, Nays 0. 9. #04-3064 DOUGLAS & DEBORAH INGV ALSON, 3460 BIRCH LANE - VARIANCE -RESOLUTION NO. 5258 Gundlach explained that the applicants requested a hardcover variance to permit 53.29% hardcover in the 75-250' zone when 25% is allowed and 53.05% cunently exists. She noted that the Planning Commission voted 6-1 to approve the requested hardcover variance stipulating that the applicant be instructed to remove, at minimum, the new square footage proposed in order to maintain the cunent hardcover level and also an additional 86 s.f. She pointed out that the applicant has agreed to remove 102 s.f. of hardcover where an additional 16 s.f. is proposed. Mr. Cloud, neighbor at 3460 North Shore Drive, questioned how the applicants were able to maintain 53% hardcover when he was required to remove his existing building at the lakeshore, 800 s.f. from his driveway, and build a smaller deck than was originally there when he approached the City for permission to rebuild his deck. He indicated that he was having a difficult time understanding why he was forced to give up so much when his hardcover was 46%, and the neighbor has 53% and a 4-car garage . Betsy Nusbaum, 3480 North Shore Drive , stated that while she did not object to her neighbors' request , she wished to have the City explain how, since hardcover continues to be a problem in this neighborhood with excessive driveways, the Council could approve the 53% request and not ask for a bit more green space to help out with the drainage issues . White stated that according to new rules and regulations in 2004, residents must be allowed to modify their home even in a nonconforming situation . McMillan felt that safety concerns regarding the size of the step wananted the changes, and pointed out that hardcover was being removed in excess of the requirement. Mayor Peterson moved, White seconded, to adopt RESOLUTION NO. 5258, a Resolution granting a hardcover variance in order to construct a new larger covered stoop at the residence located at 3460 Birch Lane, with the required removals, and the addition of 4D that the areas be revegetated. VOTE: Ayes 5, Nays 0. PAGE 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p.m. 10. #04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA WALSH, 1354 REST POINT LANE -VARIAN CE -RESOLUTION NO. 5259 Gundlach explained that the applicant requested a hardcover variance to permit 30.1 % hardcover within the 75-250' zone when 25% is allowed, 44.91% exists, and 29.9% was approved in 1999 in order to tear down and rebuild the existing westerly addition. In addition to staffs recommendations, the Planning Commission recommended approval with the following edits, public works recommends that a suitable amount of gravel is needed, adjacent to the curve of Rest Point Circle, for the purpose of winter snow storage, and that restoration/preservation plans for the bluff must be approved prior to the final inspection for the proposed addition. Dennis Walsh stated that the numerous creeping happenstances happened prior to his purchasing the property by the previous owners who were master gardeners. He stated that the only issue he found with the resolution was the requirement pertaining to the gravel up top. He pointed out that a large portion of the gravel 'parking lot' is used for snow storage every winter, since there is no where else for it to go. He asked that either the gravel be allowed to remain or for a better solution than trying to re-landscape the area, since the snow storage will continue and kill any vegetation he puts there. Murphy questioned whether blacktopping the area and putting up a small wall would help the situation. Walsh stated that he did not mind leaving the gravel there, since it allows for additional parking in the neighborhood, which is lacking. Since she felt he was giving the City some right-of-way, McMillan stated this posed a hardship to the applicant which warranted his request, since his gravel benefits the City and neighborhood. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5259, a Resolution granting a hardcover variance for 1354 Rest Point Circle, allowing the snow removal area on the north to remain, as well as, the southerly portion of the upper gravel area to remain. VOTE: Ayes 5, Nays 0. After the applicant had left the Council Chambers, Moorse questioned whether the applicant should be required to grant an easement, to ensure continued use of the area for snow storage. Gaffron attempted to catch the applicant in the parking lot but he had already left. White agreed that an easement would be appropriate, and suggested that the application be reopened. White moved, Sansevere seconded, to reconsider RESOLUTION NO. 5259. VOTE: Ayes 5, Nays 0. White suggested that the applicant be requested to grant an easement, and if he agrees to the easement, the resolution can be amended and on the next meeting's Consent Agenda. Ifhe doesn't agree, he should appear at the next meeting to discuss the issue. Barrett suggested tabling the reconsideration and this will allow the resolution to be redrafted and easement to be pursued. PAGE 8 of 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3056 DENNIS AND EVELYN BRUCE, CONTINUED) Leslie amended his motion, Fritzler seconded, to allow construction of a 24' by 24' garage located north/south nther than east/west along the west side setback. VOTE ON AMENDED MOTION: Ayes: 7, Nays 0. 5. #04-3057 DON HENDERSON, 560 BIG ISLAND-VARIANCE, 6:52 p.m. -7:12 p.m. Don Henderson, Applicant, and Michael Palm, Applicant, were present. Gtmdlach stated the applicants are requesting a lot area variance to pemrit development of a lot 3.33 acres in size, of which 1.1 acres is dry and whete 5 .0 acres of dry buildable is nom1ally required. This lot has remained vacant since prior to adoption of the Clment Seasonal Recreation District standards . At the time the Big Island ordinance was adopted, the property owners in ownership oflots less than five acres were given the chance to apply for "record lot status", which the owner of this lot did not do. Henderson has indicated he would like to sell the lot as a buildable lot, and a lot area variance must be granted under the cu1Tent practices. The septic inspector has visited this site and has approved a primary and alternate septic site for a three-bedroom dwelling. The applicant has also indicated a desire to have a dock, but since it is impossible to access the dock without passing through wetland, the City is unable to determine what, if any, additional City permits would be required due to the moratorium on wetland alterations until a new Wetland Ordinance is adopted. Staff recommends approval of the request with the stipulation that the City Engineer approves a grading plan at the building pernut phase and conformance with all hardcover, structural coverage, setback, and septic requirements. Henderson indicated he is aware that some neighbors have expressed concerns regarding this application, but noted that all the requirements of the City have been met. Henderson stated the proposed location of the dock would require access over three or four feet of wetlands. Rahn indicated the Planning Comnussion cannot act on the dock at this point and would have to wait until the moratmium expires before they are able to consider that issue. Selden Robb, 570 Big Island, stated he would like to see the size of the house restricted somewhat and that he has concems regarding the preservation of wildlife in this area. Robb stated he would like the brnsh to remain virtually untouched so that it would be a good buffer between the residence and the wetlands and allow for the preservation of wildlife . PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3057 DON HENDERSON, CONTINUED) Robb noted they have just recently installed a new septic system on their site and inquired where the septic site would be located on the Henderson property. Gundlach illustrated on the overhead the location of the proposed septic site. Robb stated Henderson's septic would be abutting his and requested that appropiiate care be taken to insure that the hill does not wash away from too much water entering the area. Rahn pointed out the Planning Conmrission is only looking at a lot area variance and would expect the applicant to comply with the other requirements of the City relating to septic, hardcover, and setbacks. Robb stated he also has a dock in the area of the wetland and that he does not have a problem with the applicant crossing the three to four feet of wetlands. Ben Faus, 3810 York Avenue South, stated he owns the land to the south. Faus indicated at the time he purchased the property he inquired about the possibility of donating the land to the Nature Conservatmy in an effort to help preserve the natural habitat of this area and was infonned that the land was not unique enough. Faus indicated subsequent to that time he proposed to construct a substantial cabin and was not given approval. Faus stated the cabin that is there presently is located 58 feet from the shoreline and that he owns approximately eight acres. Faus indicated he would like to see the total island preserved, noting that it is becoming more attractive to people to visit the island. Faus stated the island has a number of bare acres and that it would not be beyond Hennepin County's ability to purchase it for a park, including the wetlands. Faus stated he would like to see some portion of the island preserved as a park. Mike Palm stated they cmrently own land on Big Island and 'that they are attempting to preserve the histmy, character, and wildlife of Big Island. Palm stated they are in favor of preserving Big Island. Rahn called for public comments. There were no public connnents concerning this application. Rahn indicated he does not have an issue with the variance. Leslie noted no specific plan has been proposed for this lot. Gundlach stated given the location of the pritmuy and secondaiy septic sites, as well as the setbacks, the building pad is very clearly defined. Gm1dlach noted a conditional use pennit could be requfred for the dock. PAGE12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3057 DON HENDERSON, CONTINUED) Kempf commented it is a shame when a unique area gets developed, but that he sees no reason to not proceed forward with the application given the rights of the property owner. Fritzler requested the building pad be defined in the resolution. Gundlach noted there is a maximum of three bedrooms given the_ size of the septic system. Jmgens inquired when the property was purchased. Henderson stated the property was purchased in 1957 and that his intent is to sell the property to the Palms. Kempf moved, Winkey seconded, to recommend approval of Application #04-3057, Michael Palm and Don Henderson, 560 Big Island, granting of a lot area variance to construct a seasonal cabin on an existing vacant lot, subject to the City Engineer approving a gracling plan at the building permit phase and conformance with all hardcover, structural coverage, setback, and septic requh'ements, with the understanding that the residence will not exceed three bedrooms. VOTE: Ayes 7, Nays 0. (Recess taken at 7:13-7:18 p.m.) 6. #04-3060 MICHAEL AND DONNA EBERTZ, 1220 TONKA WA ROAD, AFTER-TBE- FACT CONDITIONAL USE PERMIT, 7:19 p.m. -7:40 p.m. Cindy Kist, Landscape Architect, was_ present on behalf of the Applicants. Curtis stated the applicants are requesting after-the-fact approval for a conditional use permit in order to construct a boulder wall and re-grade the lake yard. A hardcover variance is also necessary due to the change in the hardcover percentage proposed. TI1e applicants are proposing to increase the hardcover within the 0-75' zone from 7.84 percent to 8.7 percent, which amounts to 292 square feet of hardcover. Curtis noted a history and analysis of the prope1ty is outlined in Exhibit L. Staff recommends approval of the application subject to the submittal of a plan showing the elimination of the upper tier of walls to the greatest extent possible, compliance with the City Engineer's recommendations; and any additional conditions or revisions the Planning Commission may wish to add. Ms. Kist stated according to the report, it would not be difficult to revise the grading plan regarding the upper retaining wall. Kist stated she is unsure what is meant regarding the steeper slope contained in the report. Ralm stated the slope appears to be gradual in that area and that he would not be receptive to the upper tiers. Ralm stated it also appears that one course of the lower retaining wall could also be removed. · Ralm PAGE13 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Michael N. Palm 5034 Bruce Place Edina, MN 55424 TYPE OF APPLICATION: ZONING FILE: #04-3057 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 23, 2004 COPIES: Lot Area Variance Don Henderson 5018 Nonnandale Couii Minneapolis, MN 55436 DATE OF MEETING: November 22, 2004 VOTE: 5 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than November 22, 2005. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Date Application Received: 9-22-04 Date Application Considered as Complete: 11-8-04 60-Day Review Period Expires: 1-7-05 REQUEST FOR COUNCIL ACTION Date: November 18, 2004 Item No.: Department Approval: Name: Janice Gundlachj\ Title: City Planner Administrator Approval: Agenda Section: Zoning Item Description: #04-3057, Michael N. Palm on behalf of Don Henderson, 560 Big Island Lot Area Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits RS, Seasonal Recreational (5 acre minimum) 3.33 acres (145,039 s.f.) ±400 feet A -Resolution per Planning Commission Recommendation B -Additional Written Comments by the Applicant ( distributed at PC meeting) C -PC Action Notice 11-17-04 D -PC Memo and Exhibits of 11-10-04 Application Summary: Applicant requests the following variances in order to construct a seasonal cabin on an existing vacant lot: 1. A lot area variance to permit development of a lot 3 .33 acres in size, of which 1.1 acres is dry and where 5.0 acres of dry buildable is normally required. Planning Commission Recommendation The Planning Commission voted 7-0 to approve the requested lot area variance based on the staff recommendation noted below. Staff Recommendation Staff recommends adoption of the attached resolution approving the lot area variance stipulating recording of a covenant that would restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place; and that no specific footprint size or orientation is approved with this request. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area variance for 560 Big Island. A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-568 FILE NO. 04-3057 WHEREAS, Don E. Henderson and Judy A. Henderson, husband and wife (hereinafter "the applicants") are the owners of the property located at 560 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 4, In Kitchel's Subdivision of Government Lots 5 and 6 in Section 22, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest comer of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesterly along said line to the shore of Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3 .3 3 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3057. 2. The property is located in the RS, Seasonal Recreational District, which requires a minimum lot area of 5 dry buildable acres. The applicant's property is 3.33 acres in total area with approximately 1.1 acres of dry acreage. Page 1 of 6 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the lot area variance based on the following findings: a. The lot was legally created prior to adoption of the current RS, Seasonal Recreational District standards. b. A structure can be built on the lot meeting the required 50' lot line setbacks (to the north and west) as well as wetland, septic and lake setback requirements. c. The property has suitable primary and alternate 3-bedroom septic sites available. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3 .3 3 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required, subject to the following conditions: Page 2 of 6 1. Council approval is based on the ~site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No specific site plan is approved with this request. All setbacks, hardcover, structural coverage, and septic requirements and setbacks must be met (the site plans existing within the staff report were used only as an illustration of the potential buildability of the lot). No other variances shall be granted for construction on this lot. 3. This resolution shall also act as a covenant preventing a structure larger than 3- bedrooms. In signing this resolution, the applicant agrees to limit the structure to 3-bedrooms in order to comply with the 3-bedroom septic sites available on the lot. The applicant also agrees to preserve the primary and alternate 3-bedroom septic sites and prevent them from destruction either during construction of the cabin or future development on the lot. 4. The applicant is also advised that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place for regulated dock access through a City protected wetland. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on the 22 nd day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of ___ __, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ , 2004 by Don E. Henderson, husband of Judy A. Henderson. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of ____ ~ 2004 by Judy A. Henderson, wife of Don E. Henderson. Notary Public Page 6 of 6 04-351 4-~GVtttEC So• 8UILJ)/tJ~ SETM<.KS 0 30 60 120 ~--~ I I i----1 ~ SCALE IN FEET LEGAL DESCRIPTION OF PREMISES: Thal part or Lot 4, In Kllc:hel's Subdivision of Government lob 5 and 6 In Secilon 22, Township 117 North, Range 23 West of lhe 5th Prlnclpsl Merld!an, described esfoUcws: Commencing el lhe southwest comer of .!!aid Lot 4; !hence running north 300 feet; lhenca at right angles East to the easterly boundary line of said Lot4; thence southwesterly along anld !Ina lo the shore or Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, an on Big Island, Lake Minnetonka. This survey shows lhe boundaries of lhe above de:,c;rtbed property. II does not purport lo show any other improvements or encroachmenl$. O : Iron marker 0 : Jud!clel landmartc round Bearings :ihown are based upon an a:isumed datum NOTE: Toa )udldai landmarks found along the North line or said Lot ,4 sat par Tarran, Case No. 4229 were used to determine the boundartea of the above described property. NOTE: Contiguous area above wetlands"' 48060+-square feel BOUNDARY & TOPOGRAPHIC SURVEY FOR DONALD HENDERSON IN LOT 4, KITCHEL'S SUBDIVISION OF GOVT LOTS 5 & 6, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA EXHIBIT A I ., 15 1 L.kKt 51:f~ I ,..- r-/.J?' I ..... \, \ j_ ,·•. ', ·, · .. : \,1, DEUNl:A1ED WEf\..P<NO t;C6' / ,..,,,, / V, "'"' olM~~ ~:sllli Cl)~ I 1 Wj~~ ~ .. «::: _c:.J< (.)~c,u. 0>5 Cl)"' ...J (/)~u.J .... <t:ii::::! 0<'S :l ls~ (!) .,;;: ~ 0:::ffiO<'< w~jm a:ia:l:w z 0 ffiz5 .Ju,:C 0:: ~::in. 00 ' .,, ... __ ,..,,,, (qk~ ~t1 .. c.f' ELEVATION 4111\ti\l~h O,t,ICq 40 / PROPOSE~ BUILDING/ I I ,,/ .,, ,/ ,/ Ion ,. ,. ' a(s'.lb(e\vell ( , / ------7· ell /// / I / t I /1 I I /1! I I // / ~e// ' s. j 560 Big Island History The property was originally purchased by my father, Henry G. Henderson, on July 24,1957, on a contract for deed from the Olds & Barnes families. The sale also included a lot on West Point. Henry was the person who made decisions on the purchases and sales of properties. On May 6, 1979, the lot and the island property were sold to Broco, a general partnership, on a Contract for Deed. On February 24, 1981, Broco sold to James & Norma Blomberg. The City of Orono declared a moratorium on any building on Big Island on November 9, 1981. The Blombergs could not build on the island and signed a Quit Claim Deed returning the Big Island property to Henry G. Henderson on September 27, 1982. The City of Orono Changes Lot Size to 5 Acres. On December 30, 1982, the City of Orono passed Ordinance #246. A letter was sent to the Blombergs by the City of Orono on February 15, 1983 stating that they were grandfathered in for building on a lot that was less than 5 acres. Blomberg received the letter too late to build and never contacted Henderson. On September 8, 1983, Henry G. Henderson and Ruth A. Henderson in planning their estate signed a quit claim deed to their children, Don Henderson, James Henderson and Sharon Sclabassi. On March 10, 1986, the City of Orono sent a letter to Don Henderson informing him that his property was grandfathered in to build on a property less than 5 acres but he had to fill out a form and return it to the city. Don Henderson never saw the letter but 18 years later found it in an old file on the property. November 13, 2004 James W. Ogland 525 Ferndale Road Wayzata, Minnesota 55391 To: All Orono Planning Commission Members Re: 043057, Don Henderson, 560 Big Island, Record Lot Size Variance From: James Ogland, Senior Past Commander of the Minnetonka Power Squadron (large property owner on Big Island), author and local historian of Lake Minnetonka, especially Big Island, resident of Orono for over 60 years, owner of property at 200 Big Island since 1981, former chairman of the Orono Park Commission, licensed real estate agent and listing agent of this property. Dear Members: This property was purchased in 1957 by Henry Henderson, and has been owned by the Henderson family for almost fifty years. It is small by some standards, yet is one of the largest undeveloped parcels on Big Island. According to Hennepin County tax records and Orono records, its 3.33 acres consists of 1.43 acres of high, dry land and 1.9 acres of wetlands. Of the 61 Record Lots on Big Island, it is the 19th largest property on the island. Its western boundary at 300 feet is the length of a football field. • It meets or exceeds all of the requirements for a buildable lot • It has acceptable sites for three septic drain fields (more than required) • It meets all setback requirements including the 7 5 foot lakeshore requirement • It meets the wetland setback requirements • There are no bluff issues • It has a recent survey indicating the above • It has had a wetlands delineation survey and report identifying the edge of adjacent wetlands For the most part, the property is distant and totally isolated from its adjacent neighbors to the north and east, and only minimally visible with its neighbors to the west. The recent moratorium on wetland docks should not be an issue, as placement of a shoreline dock will only traverse a few feet of wetland, and would be in keeping with DNR recommenda- tions. Construction of a seasonal dwelling on this property should have little or no impact on the habitat or wildlife in the wetland area. This property is a desirable building site and will be an asset to Orono and the Big Island community. As one of the largest lots on the island, it certainly qualified and should have been granted Record Lot Status twenty years ago, and only by an oversight, was not. Sincerely, James Ogland CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Michael N. Palm 5034 Bruce Place Edina, MN 55424 TYPE OF APPLICATION: DATE OF MEETING: ZONING FILE: 04-3057 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17, 2004 COPIES: Lot Area Variance November 15, 2004 Don Henderson 5018 Normandale Court Minneapolis, MN 55436 Planning Commission recommended as follows: Approval of the request in accordance with the following staff recommendation: Approval of the lot area variance stipulating recording of a covenant that would restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place and no specific footprint size or orientation is approved with this request. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council-Monday, November 22, 2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. Date Application Received: 9-22-04 Date Application Considered as Complete: 11-8-04 60-Day Review Period Expires: 1-7-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner~ November 10, 2004 #04-3057 November 15, 2004 Page 1 of4 Subject: 04-3057, Michael Palm and Don Henderson, 560 Big Island -Lot Area Variance -Public Hearing Zoning District: Lot Area: Lot Width: RS Seasonal Recreational District (5 acre minimum) 3.33 acres (145,039 s.f.) ±400 feet Application Summary: Applicant requests the following variances in order to construct a seasonal cabin on an existing vacant lot: 1. A lot area variance to permit development of a lot 3 .33 acres in size, of which 1.1 acres is dry and where 5.0 acres of dry buildable is normally required. Staff Recommendation: Staff recommends approval of the request stipulating City Engineer approval of a grading plan at the building permit phase and conformance with all hardcover, structural coverage, setback, and septic requirements. Pertinent Zoning Ordinance Sections Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. List of Exhibits Exhibit A -Applications Exhibit B-Hardship Documentation Form Exhibit C -Big Island (RS) District Code Excerpts Exhibit D -Proposed Survey Exhibit E-Survey Showing Dry-Buildable Acreage & Lot Lines Exhibit F -Hardcover Calculations Exhibit G -Wetland Delineation Exhibit H -Septic Report & Layout Exhibit I -Aerial Photograph Exhibit J -Neighbor Comments Exhibit K -Property Owners List Exhibit L -Plat Map Background #04-3057 November 15, 2004 Page 2 of 4 This lot has remained vacant since prior to adoption of the current RS, Seasonal Recreation District standards. At the time the Big Island ordinance was adopted the property owners in ownership of lots under 5 acres were given the chance to apply for "record lot status" which the owner of this lot did not do. Had this been done a lot area variance would not have been required to build on this lot. Now, the current owner wishes to sell the lot as a buildable lot, and a lot area variance must be granted under the current practices. No specific house plan has been submitted, but the applicant has indicated that all pertinent setbacks, etc. will be proposed. No specific footprint, footprint size, or footprint orientation will be approved with this application. The footprint information included in the materials herein is intended to illustrate what footprint size and orientation the lot could potentially support. LOT ANALYSIS WORSHEET Lot Area/Width RS Lot Area Lot Width Required 217,800 s.f. (5 acres) Depends on Size of Lot Actual 145,054.8 s.f. (3.33 acres) ~380 feet (compliant) Setbacks RS Required Existing Proposed Front NIA NIA-Vacant NIA Rear 50' NIA-Vacant 50' Left Side 50' NIA-Vacant 50' Right Side NIA NIA-Vacant NIA Lakeshore 75' NIA-Vacant 86' Average Lake shore NIA -no adjacent NIA-Vacant NIA -no adjacent structures structures Structural Coverage This property is in excess of 1.99 acres and therefore not subject to Lot Coverage restrictions per Section 78-1403 of the Zoning Ordinance. Hardcover Calculations (these calculations are a rough draft; final calculations will be required with submittal of a building permit) Hardcover Total Area in Allowed Existing Zone Zone Hardcover Hardcover 0-75 82,000 s.f. 0 s.f 0s.f.* (0%) (0%) 75-250 63,000 s.f. 15,750 s.f. 0s.f.* (25%) (0%) * After exclusion of fabric or plastic-lined landscape beds Lot Area Variance #04-3057 November 15, 2004 Page 3 of 4 Proposed Hardcover 0 s.f. (0%) 1,200 s.f. (2%) The applicant wishes to develop this lot with a seasonal cabin. The existing lot area is 3 .33 acres with approximately 1.1 acres of dry area. As stated in the background section of this report, a lot area variance reviewed under the current standards is proposed as the owner didn't take advantage of the automatic "record lot" approval given in 1984 when the current Big Island ordinance was adopted. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardshio Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keep in ff with the spirit and intent of the Orono Zonin!f Code. Staff finds that the hardship exists to approve the requesting lot area variance. This lot should be subject to the same standards of which all other lots of substandard size in Orono are held to: If setback, hardcover, lot coverage and septic requirements can be met then approval shall be granted. The Planning Commission and Council have consistently approved lot area variances stating that the lot was legally created and therefore should be allowed to be developed under specific criteria (being the Zoning Ordinance). However, the City Code requires that 5-bedroom septic sites be required for all new development and the Code does not distinguish a different standard for lots on Big Island. Because only 3-bedroom primary and alternate sites are available, the septic inspector has the authority, and has exercised his authority in this case, to grant approval of the smaller sites. The Planning Commission may want to discuss the issue of approving lot area variances when 5-bedroom sites cannot be constructed, and if Big Island should be held to a different standard than the rest of the City. Lastly, wetland within this property almost directly follows the shoreline. It is unknown exactly how much wetland exists landward of the 929.4' elevation or lakeward of the 929 .4' elevation. Because of the amount of wetland and its proximity to the shoreline, it #04-3057 November 15, 2004 Page4 of4 is possible that access to a dock would be required traverse the wetland above the 929.4' OHWL. Currently, the City is under a moratorium for any wetland alterations or alterations within 26' of a wetland, as a new Wetland Ordinance is being drafted. Therefore, the City is unable to determine what, if any, additional City permits would be required if access to a dock is needed through wetland. Staff anticipates this would be allowed under the new ordinance but is unable to review or approve anything at this time due to the moratorium. The Planning Commission should discuss if approval of a lot area variance should be granted without knowing the status of dock access. An alternative walking and possible vehicular access to the site could be via the platted undeveloped road abutting the northwest comer of the property, and then leading south to the lake west of Lot 19 (see plat map). This lake access point would not, however, be suitable for a private dock to serve the applicant's lot. Issues for Consideration 1. Is the Planning Commission comfortable approving a lot area variance without a clear understanding of how a dock will be regulated within any wetlands? 2. Is the Planning Commission comfortable allowing this lot to develop as all setback, hardcover and lot coverage standards can be met? Is the Planning Commission prepared to grant the same rights to other vacant properties on the island under the 5 acre standard? 3. Are 3-bedroom septic sites appropriate give a 5-bedroom requirement and the approval of the City's Septic Inspector? 4. Would a covenant recorded against the property restricting development of a structure to a 3-bedroom septic site be adequate in disclosing the level of buildability to future property owners? 5. Are there any other issues or concerns with this application? Staff Recommendation Approval of the lot area variance stipulating recording of a covenant that would restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place and no specific footprint size or orientation is approved with this request. City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 5532:;-'J066 Application# (JL/-3057 Date Received: 1 / 2,J Amount Paid: JJ,-r,--'-fo+-b-o-. o-o--- Staff : J4fi} 1 CE: Fee: S600 ---------Renewal: $300 ---:----------After-the-fact: $1,200 Double Fee This application form must be completed in full. Apr;·Icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: t:f_ ,----. ,-:, .-Site Address: ::.;~ led b ~::i-/::v,J\J Property Identification Number (PIN): 'ZZ -t \ ]-23--3 ·1 -00() 4, (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): . □ Yes, I own the adjacept parcels. Present use of pr~e~ □ R.~sidential AO,her \)Ac Pr:!:-,,,\, 1-fn::-.\ \) Zoning District: ~l'!f:D/u& < lic-0 GJ'Jfi'?i<..> APPLICANT INFOR TION: (Complete le8~a~es and marital status required for each interested party) Name: Phone (home): Address: Email: Fax: ----L.J~~_:c__Jl..!.l,,""-="J=""-,,~;....--'--'-''----"'-~--"-""'"'-"=,.,,,.- ames a:-:d marital status required for each interested party) Fax: DESCRIPTION OF REQUEST: $ ___ _ Descri REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. ~ /-Pre-Application Meeting Form, completed by a City Planner. -~~ / ompleted Application Form ompleted Hardship Documentation Form Certified Property Owners List -owners within 150' of the subject property, labels and plat map. 0 ist, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements · listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or , ~ 1" x 17" for reproduction. )8(. Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardlesyf its potential merit. Applicant's Signature: iJJJ.0,{4 {l;\ Date: q / Z. I l 04 Applicant's Signature: v7 Date: t I r ---------- OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature:~~ ~~ ~ Owner's Signature: Date: Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: P.O. Box 66 For Office Use Only: City Planner: JAIV I u;_· 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 ----~---~----Meeting Date/Time: q/ul ({)Alt/ PC Date: ()c-J. In r. ll?>-/j Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? / Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: SiteAddress: /;;() fy~-;1 l<:;!t{ Property Identification Numbe PIN): ll--/ 11-Z'?;J-3} · 000 L Zoning District: RS Size of Property: X I, L/ /l(t.1j tYJ7cf DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Hardcover □ Lot Coverage □ Other: □ Rear Yard Setback ,,.12:::Lot Area ·t!v jz,tf. □ Front Yard Setback □ Lot Width Applicant's~ {i) HARDSHIP: Applicant has received the Hardship Documentation Form Initials:/~ understands it as it has been explained to them, and is aware that it must ' ., ✓ be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will e completed by City staff. Date: _9+~-1-+>-)o""-++· _ EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. 3. 4. reasonable use if used under "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 7TtmE-m~ l\\o Ec.oNo"""-'<.. \kD:S~\OS. ~t.:~i!)~ ,, i_;,:t'·f'"-'•""'"-:'-~,>-. :,-:_...,_ ;J.(~/ '~. ~, '·i· .. Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this C::P!=::." r, , f::j o ·, AF: rt L..Dr1.it _,c_ 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where· e ffected person's land is located." ' ·rA')i Q, ,<7 C . 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a t;(v't)-fa. mily dwelling." [\IUT APf-tt( JC..,._,{_ 8. 9. 10. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Page 3 of 3 12. ,£_ \ ;\ ,, o-·r ·-· A tv~ VAC.,,-..N-r L~.{0 . ,_,, \/V~/' '.>\ 0¼'= '"T»0 SD,::: < i")$i"-O 5"r.,;t=Pyi1CL i/b:vcv:; w'-'TIL fu\1.Y.,1 AWQc9~ro::ite Hardship Statement Ge;-,, '5.,.flo(A°?tP-4 ..;... Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): EXHIBIT C hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: (1) Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels ofland, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. a. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot ofrecord provisions of Ordinance No. 172, or any other similar prior ordinance. b. The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by record lot number in the left-hand column of subsections (4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by all tax parcel property identification numbers (Pills) grouped together following the record lot number. c. Within 60 days after January 13, 1983, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the RS district are identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner shall on a form provided by the city acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may appeal the record lot classification or use determination to the council with no application fee required within six months of the effective date of this division. The record lot inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment. d. Notice ofrecord lot establishment shall be filed by the city in the chain of title of each property. e. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots. New record lots shall be created only by council approved subdivisions pursuant to subsection (3) of this section, or by combination of two or more complete record lots. (2) Tax parcel combination required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such record lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (3) Subdivision of record lots. All record lots established in this section shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and council approval of a subdivision in accordance with chapter 82. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: a. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. b. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge the property without necessarily creating an additional substandard building site. (4) Subdividable record lot inventory. The following record lots are established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this section, subject to subdivision application and approval pursuant to subsection (3) of this section and to chapter 82. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: Record Lot No. Location Tax Parcels in Common Combined Dry Acreage Ownership 1) Big Island 14-117-23 34 0001 23-117-44.5 23 21000123-117-2322 0001 2) Big Island 22-117-23 13 0003 0004 22-117-23 14 0001 0003 23-117-23 22 0014 0015 38.3 3) Big Island 22-117-23 24 0001 17.6 4) Big Island 22-117-23 13 0001 0005 22-117-23 42 0001 19.8 (5) Conforming record lot inventory. The following record lots are established, each of which is determined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, each of the following record lots are in conformance with the minimum lot area requirements of this section, and may be used for any one-family permitted or conditional use in the RS district, subject to all performance standards and approvals required, including tax parcel combination pursuant to subsection (2) of this section. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SD" means permitted seasonal dwelling; "SR" means permitted seasonal recreational use without structures; "CUP" means conditional use permit: Record Lot No. Location Tax Parcels in Common Ownershi Combined Dry Acreage Existing Use 1) 2) 3) 4) 5) 6) 7) Big Island 14-117-23 34 0001 23-117-44.5 CUP Overnight Camp 23 21 0001 23-117-23 22 0001 Big Island 22-117-23 13 0003 0004 22-117-23 14 0001 0003 22-117-23 22 0014 0015 38.3 CUP Park Big Island 22-117-23 24 0001 17.6 SD&CUP Big Island 22-117-23 13 0001 0005 22-117-23 42 0001 19.8 SR Big Island 22-117-23 140002 9.0 CUP Big Island 22-117-23 31 0001 6.3 SD Deering Island 18-117-23 31 0001 6.5 SD (6) Substandard buildable record lot inventory. The following record lots are established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this section. However, based upon individual lot surveys and existing lot development patterns, the record lots listed are granted lot area variances and are recognized by the council as buildable lots. Each of the following record lots may be used for one-family seasonal recreational use or for a single permitted seasonal dwelling, which may be either the existing dwelling, a replacement dwelling, or if vacant, a new dwelling, without further council action or review, subject to strict compliance with all setback, hard cover, on-site sewage treatment and other performance standards for development in the RS district, including tax parcel combination pursuant to subsection (2) of this section. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SD" means permitted seasonal dwelling; "SR" means permitted seasonal recreational use without structures; "CUP" means conditional use permit: Record Lot No. Location Tax Parcels in Common Combined Dry Acreage Existing Use Ownership 8) Big Island 23-117-23 23 0001 23 0002 4.3 SR 9) Big Island 22-117-23 24 0006 24 0008 3.7 SD 10) Big Island 23-117-23 22 0002 3.6 SD 11) Mahpiyata Island 22-117-23 13 0002 3.4 SD 12) Big Island 22-117-23 42 0019 3.1 SD 13) Big Island 22-117-23 240009 3.1 SR 14) Big Island 22-117-23 42 0001 2.7 SR 15) Big Island 23-117-23 32 0028 0029 2.5 SD 0046 0047 0048 0049 16) Big Island 23-117-23 32 0001 0002 2.2 SD 0013 0014 0015 0044 17) Big Island 23-117-23 32 0030 0031 2.0 SD 0032 0033 0041 18) Big Island 23-117-23 22 0018 1.8 SD 19) Big Island 22-117-23 42 0004 0009 1.7 SR 0010 0011 0012 0013 0014 0015 0016 0017 0018 20) Big Island 23-117-23 32 0042 0053 1.5 SD 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 60) 61) 62) Big Island 22-117-23 31 0002 1.4 SR Big Island 23-117-23 41 0001 23-117-23 32 0013 0014 1.3 SD 0015 0019 Big Island 23-117-23 22 0008 0016 1.2 SD Big Island 23-117-23 32 0043 0044 1.1 SD 0050 Big Island 23-117-23 32 0003 0035 1.0 SD 0040 Big Island 23-117-23 23 0007 0008 1.0 SD 0009 0010 Big Island 23-117-23 32 0005 0006 0.97 SD 0007 0008 0009 Big Island 22-117-23 31 0025 0.97 SD Big Island 23-117-23 32 0024 0025 0.90 SD 0026 Big Island 23-117-23 32 0051 0052 0.86 SR Big Island 22-117-23 3100050006 0.84 SD 0023 0024 Big Island 23-117-23 32 0054 0056 0.80 SD Big Island 23-117-23 3200210022 0.75 SD Big Island 22-117-23 3100120013 0.68 SD 0014 0015 Big Island 22-117-23 31 0017 0018 0.68 SD 0019 Big Island 22-117-23 23 0013 0014 0.66 SD Big Island 23-117-23 23 0015 0016 0.65 SR Big Island 23-117-23 23 0011 0012 0.62 SR Big Island 23-117-23 23 0023 0024 0.59 SD Big Island 23-117-23 32 0023 0.54 SR Big Island 23-117-23 32 0058 0.53 SD Big Island 22-117-23 31 0009 0010 0.51 SD 0011 Big Island 22-117-23 24 0002 0003 0.50 SD Big Island 22-117-23 310003 0004 0.50 SD Big Island 22-117-23 3100070008 0.49 SD Big Island 23-117-23 23 0017 0018 0.49 SR Big Island 23-117-23 320037 0.46 SD Big Island 23-117-23 23 0019 0020 0.46 SD Big Island 23-117-23 23 0021 0022 0.44 SD Big Island 22-117-23 31 0021 0022 0.40 SD Big Island 23-117-23 23 0027 0.39 SR Big Island 23-117-23 32 0004 0038 0.38 SD Big Island 23-117-23 32 0057 0.35 SD Big Island 23-117-23 23 0005 0006 0.33 SD Big Island 23-117-23 22 0017 0.33 SD Big Island 23-117-23 32 0027 0.33 SD Big Island 23-117-23 32 0055 0.33 SD Big Island 23-117-23 32 0034 0036 0.32 SD Big Island 22-117-23 24 0005 0.25 SD Big Island 22-117-23 31 0016 0.23 SD Big Island 22-117-23 32 0039 0.20 SD Big Island 23-117-23 22 0009 0.18 SD (7) Substandard unbuildable record lot inventory. The following record lots are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. Each of the following record lots are therefore determined by the council to be unbuildable and may not have structures or buildings erected unless a variance to this section shall be issued by the council. However, one- family seasonal recreational use without structures pursuant to section 78-564(2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers. SR means seasonal recreational use without structures: Record Lot No. Location Tax Parcels in Common Combined Dry Acreage Existing Use 63) 64) 65) 66) 67) 68) 69) Ownership Big Island 23-117-23 23 0003 0004 0.35 SR Big Island 23-117-23 22 0010 0011 0.34 CUP-Park Big Island 23-117-23 32 0016 0017 0.26 SR Big Island 22-117-23 24 0004 0.25 SR Big Island 23-117-23 32 0020 0.21 SR Big Island 22-117-23 32 0018 0.18 SR Big Island 22-117-23 31 0020 0.18 SR (8) Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half acre, will be granted an automatic lot area variance and will be recognized by the council as a buildable lot as if it had been listed under subsection ( 6) of this section. Each such new record lot may be used for one-family seasonal recreational use without structures, or for a single permitted seasonal dwelling without further council action or review, subject to strict compliance with all setback, hard cover, on-site sewage treatment and other performance standards for development in the RS district, including tax parcel combination pursuant to subsection (2) of this section. (Code 1984, § 10.31(6)) Sec. 78-569. Lot width requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site. No existing lot ofrecord shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site. (Code 1984, § 10.31(7)) Sec. 78-570. Yard and setback requirements. Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from designated wetlands shall be: a. Wells and sewage treatment systems, 7 5 feet. b. All structures, land alteration or hard cover of any kind, 26 feet. (3) Minimum setback from platted street rights-of-way, all structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All structures on lots 200 feet or more in width, 50 feet. b. All structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. c. All structures on existing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. (Code 1984, § 10.31(8)) Sec. 78-571. Lakeshore hard cover regulations. Within 75 feet of any shoreline, there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. (Code 1984, § 10.31(9)) Sec. 78-572. Building height. Within any RS seasonal recreational district, no structure or building shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (Code 1984, § 10.31(10)) Sec. 78-573. Building construction standards. Within any RS seasonal recreational district, all new buildings or structures and 04-351 0 30 60 120 1111111111.i .. 1 .... ~I I SCALE IN FEET LEGAL DESCRIPTION OF PREMISES: That part of Lot 4, In Kltchel's Subdivision of Government Lots 5 and 6 in Section 22, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest comer of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesteny along said line to the shore of Lake Minnetonka; thence·Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka. This survey shows the boundaries of the above described property. It does not purport to show any other improvements or encroachments. 0 : Iron marker 0 : Judicial landmark found Bearings shown are based upon an assumed datum NOTE: The judicial landmarks found along the North line of said Lot 4 set per Torrens Case No. 4229 were used to determine the boundaries of the above described property. -952----EXJSTING CONTOUR LINE ~ PROPOSED CONTOUR LINE PROPOSED BUILDING LOCATION & GRADIN<; PLAN FOR ' \ \ \ ! \ \ ~ DONALD HENDERSON IN LOT 4, KITCHEL'S SUBDIVISION OF GOV'T LOTS 5 & 6, SEC. 22-1 'l 7-23 HENNEPIN COUNTY, MINNESOTA 'SWcanerdlot4 per T 011ens Case No. 4229 LAKE MINNETONKA NOTE No bluff In this area since land does not rtse 25 feet ~XHIBITD (J) (/) zit, 0:,1 en~ > w Cl:'. )- Ill 04-351 0 30 60 120 I I I I I I I I I I .1 •1 ......... -1 -i,,,..~---1 SCALE IN FEET LEGAL DESCRIPTION OF PREMISES: That part of Lot 4, In Kitchel's Subdivision of Government Lots 5 and 6 In Section 22, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southwest comer of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesterly along said line to the shore of Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka. This survey shows the boundaries of the above described property. It does not purport to show any other improvements or encroachments. 0 : Iron marker 0 : Judicial landmark found Bearings shown are based upon an assumed datum NOTE: The Judicial landmarks found along the North line of said Lot 4 set per Torrens Case No. 4229 were used to determine the boundaries of the above described property. NOTE: Contiguous area above wetlands = 48060+-square feet ' \ I \ BOUNDARY & TOPOGRAPHIC SURVEY FOR DONALD HENDERSON \ \ IN LOT 4, KITCHEL'$ SUBDIVISION OF GOV'T LOTS 5 & 6, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA -- \ \ ( I --__.958 - \____/ / /--~ / / _ -~ "', )6 J: Nae•,z,o-e ,.,,1e ~ EXHIBITE HAR~ER CA(:,L ION WORKS. _ET SETBACK ZONE: (CIRCLE ONE) 0 ' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House A x ~ = ~ EXHIBITF Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREAJkLZONE A ;g.. PROPOSED HARDCO\/FR IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other 4o Length X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A !'2::DO +B Width = = = = = = = = = = = = = = S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. A ___ 7:?....,,.____,._S.F. B X 100 = -:::t;;;;;;;:z:""'=::,......_. ____ % = = = = = = = = = = = = = = = / 2,()0 S.F. S.F. ;i~:Jil!jf~ ------______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 1,2-00 _ ___J·'----=--=---S. F. A X 100 = ~S.F. B s:;:(Pf\7o % --- II II --- I - I r I I I I I EXHIBITG 560 Big Island _()rono, Minnesota .·Prepared by Svoboda Ecological Resources for: , Don Henderson ' ' Wetland Classiijcatiori., Identifi-:- cation, and Delineation Services; GPS Services·-; Project No. 2004-312-03/71 Septembc;r 14, 2004 2477 Shadywood Road • Excelsior. MN 55331 (952) 471-1100 • (952) 0 (71-0007 (Fax) ■ • • • • • • • • • • • • • • • • • • SVOBODA ECOLOGIOAL RESOURCES Providing the Sharper Edge in Natur0;l Resources & Environmental Consulting September l 4. 2004 Don Henderson 5018 Normandale Court Edina. MN 55436 RE: SER Project Name: 560 Big Island -Orono SER Project No: 2004-312-03 Project Location: Lots 5 & 6, Section 22, Tl 17N. R23W, City of Orono, Hennepin County, Minnesota Project Description: Wetland Classification, Identification, Delineation, & Staking · Services; GPS Services Dear Mr. Henderson, As requested, Svoboda Ecological Resources (SER) visited the above referenced property on September 14, 2004 to examine the site for the presence of areas meeting wetland criteria. Criteria · for determining jurisdictional wetlands are as described in the 1987 US. Army Corps of Engineers · Wetlands Delineation Manual ( 198_7 Manual) as required by the Minnesota Wetland-Conservation Act. SITE DESCRIPTION The subj.ect parcel is approximately 1.5 acres consisting of a wooded upland area and a depressional marsh area. The topography of the site varies significantly; perpendicular to the lakeshore and marsh area the property abruptly rises in eleYation to the Q.orthwest at roughly a 1 :4 slope. The northwest portion of the property consists of a forested lot while the eastern portion of the property is dominated by wetland. Lake Minnetonka borders the property to the south (See Figure 1 ). The surrounding area land use consists of singfo-family housing and forested lots . METHODS National Wetland Inventory (NWI) maps (Figure 2), Soil Survey of Hennepin County maps (Figure 3),, Minnesota Protected Waters maps, and 2003 aerial photographs were reviewed prior to the site visit to identify areas that may be wetlands. Areas illustrating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Manual) and used to characterize wetland types and determine wetland boundaries. Sample transects were established in representative wetland-to-upland transition zones . in order to characterize the vegetation, soils, and hydrology of the site. Transects consisted ·of representative upland sample point(s) and representative wetland sample point(s). Information obtained from the sample points can be found on the field data sheets located in Appendix A . 2477 Shadywood Road " Excelsior, MN 55331 (952) 471-1100 (Office) • (952) 471-0007 (Fax) ~:"!~. r· ~ ...,,··.•:-, fr··-.. ■ • • • • • • • • • • • • • • • • • t Wetland boundaries were marked at the site by blaze-orange "wetland boundary" flagging attached to 4-foot wooden lath. Where vegetation was dense, to assist in locating the flagged lath (wetland edge), a second piece of flagging was attached to a nearby tree or shrub branch. The "wetland boundary" is considered to be the topographically highest extent of the wetland basin: areas below the staked boundary met the three required wetland criteria while areas above were lacking in one or more of these criteria Wetland classification followed methods described by Cowardin et al. (1979) and used in the NWI (e.g. PEMB, PSS 1 C, etc.), completed by the U.S. Fish and Wildlife Service. The Circular 39 classification (Shaw and Fredine 1956) is also given (e.g. Type 1, Type 2 ... etc.). The indicator status of plants, as described in Appendix B, was determined using the National List of Plant Species That Occur in Wetlands -Region 3 (Sabine 1999) . RESULTS AND DISCUSSION Background Information-(Office-Based Investigation) The NWI map (Excelsior Quadrangle) illustrates one wetland basin and one lacustrine (lake) basin on the subject parcel (Figure 2). The wetland is described as a palustrine (P) type wetland exhibiting emergent vegetation (EM) and semipermanently flooded hydro logic regime (F), or a Type 3 PEMF wetland on the NWI map. The lake is described as lacustrine (L) of the lirnnetic subsystem (1) exhibiting an unconsolidated bottom (UB) and a permanently flooded hydrologic regime (H) or a Ll UBH lake on the NWI map . The Soil Survey of Hennepin County, Figure 3, indicates three soil series present on the subject property. These soil series are: Hayden loam, lake beaches, sandy, and marsh (see figure 3). Marsh is classified as a hydric soil (SCS Hydric Soils of the United States), illustrated with blue crosshatching on Figure 3. Soil series descriptions are given in Appendix C. Minnesota Department of Natural Resources, State·Protected Waters Map, indicates a protected water body (133P) within the subject parcel (Figure 4). Site Visit SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit. One basin meeting the jurisdictional criteria of a wetland, for which a boundary was determined, was delineated. Detailed soils, vegetation, and hydrology data for the delineated wetlands are provided in the data sheets of Appendix A. Basin 1 Upon completion of the wetland delineation it has been determined that Basin 1 is a Type 3, palustrine (P) type wetland exhibiting emergent vegetation (EM), and a semipermanently flooded hydrologic regime (F), or a PEMF wetland, located within the eastern portion of the property (See Figure 5) . Vegetation at the wetland sample point was dominated by lake bank sedge (Carex lacustris, OBL) and box elder (Acer negundo, FAC\V-). Non-dominant plant species at the wetland sample point included wood nettle (Laporte a canadensis, F ACW), narrow-leaved cattail (Typha angustifolia . OBL), water smartweed (Polygonum amphibium, OBL), and common buckthom (Rhamnus ■ • • • • • • • • • • • • • • • t catharlica, FACU). The upland sample point was dominated by sugar maple (Acer saccharum, FACU). Non-dominant plant species at the upland sample point included American basswood (Tiliu Americana, FACU), and common buckthorn. The majority of Basin I is dominated by cattail species. A dark organic mucky loam overlaying sand with redox features below 6 inches characterized soils at the wetland sample point. Soils at the upland sample point were characterized by a brown loam to clay loam overlaying a sandy clay loam mineral soil with few redox features below l 0 inches. Water was observed at 12 inches below the soil surface at the wetland sample point, no water was observed within the borehole at the upland sample point. Approximately 20 lath were used to delineate this basin. A topographic break, the transition from hydrophytic vegetation to upland vegetation, and depth to free water in the borehole were used as the primary boundary cues while delineating this basin . RECOMMENDATIONS While the wetland boundary that SER has delineated is not official until approved by a WCA approved local government unit (LGU), SER advises the property owner to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should be cleared with appropriate WCA regulatory agencies. The client should also be aware that approved wetland boundaries are typically valid for only three years from the date of approval. CONCLUSIONS SER examined the subject property and delineated one wetland located within the subject parcel (Figure 5). The delineated wetland boundary exhibited a dominance of hydrophytic vegetation, hydric soils, and wetland hydrology. Based on the apparent permanence of wetland characteristics within Basin 1, this basin likely receives hydrologic inputs from the shallow groundwater table, as well as from nmoff from the surrounding landscape. Please feel free to contact Ben Carlson or Frank Svoboda at (952) 471-1100 if you have any questions regarding the information in this report. You will be receiving a follow-up phone call in two to three weeks to see if there is anything else that is needed. SER appreciates the opportunity to assist you with this project and we look forward to serving any future needs that you may have . Sincerely, Svoboda Ecological Resources ~ d. ~a----, Franklin J. Svoboda, CWB, PWS Vice-President Ben Carlson Wetland Ecologist ■ -• II • • • • I • • • ■ • • • t DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map, Hennepin County. 1983 . Soil Survey of Hennepin County. April, 1974 U.S.D.A. 159pp. plus appendices. United States Fish and Wildlife Service National Wetland Inventory Map -Excelsior Quadrangle. 1991. (Taken from May 1980 aerial photographs) . Digital Orthophoto Quadrangle -Hennepin County, Section 22, Township 117N, Range 23W. USGS. April, 1991 . ,. "'--.•:;i., •. .f. ~ ~--0-.. _t••,::~';J ~ J'''ir~JJ I I I I Ii Ii I II I II I II Ii • • • LITERATURE REFERENCED Cowardin, L.M., V. Carter, F.C. Go let, and R.T. LaRoe. 1979. Classification c~l Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. FWS/OBS-79/31. 103pp. Eggers, Steve D. and Donald M. Reed. 1997. Wetland Plants and Plant Communities of 1\;finnesota and Wisconsin. US Army Corps of Engineers, St. Paul District. 263pp, unclassified. Environmental Laboratory. 1987. 1987 US. Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gleason, H.A. and A.C. Cronquist. 1991. ~Manual of Vascular Plants of Northeastern United States and Adjacent Canada. New York Botanical Garden, Bronx. 91 Opp. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. USDA Soil Conservation Service, Washington, D.C., Misc. Publication Number 1491. 1991. Sabine, B. J. 1999. National List of Plant Species that Occur in Wetlands: Region 3 -North Central (Indiana, Illinois, Iowa, Michigan, Minnesota, Missouri, Wisconsin). Resource Management Group, Inc. 77pp. Shaw, S.P., and C.G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp. a~ .... .t? f.~ ' I I - - -\ ' -·, - - - - I, I I ' a Lafa.yetle ,,:,.Locke Po,rt \'¼ \,,;',._ \'\f I \ I Bny \ !Huntington Point Flcho Boy So1be 0 .0' . . 1 .. .. •; Gale Island Crown Poi I I I I I I - I II - ri ll ll ll 11 11 II II II National Wetland inventory Overlayed on 2003 Aerial Photo II II II rt II II II II II II II I II I I ! i I I I I \ ! \ / I . I /,rr/ \ / ~-~· \ Hennepin County Soil Survey Overlayed on 2003 Aerial Photo '\ \ \ / I \ ) / I I I I i I - i - Ii ll II d - 'd 'i Ii Mn/DNR Public Waters Inventory Hennepin County, Minnesota I BJ I II II q 11 11 • Ii Ii ~ tll rll [11 Ill 111 I II ~.z.....__ 111 Ill 1 f . . t i GPS Wetland Boundary Overlayed on 2003 Aerial Photo ■ i - II II II II i I I • I • • • SVOBODA ECOLOGICA~ RESOURCES Wetlands lnventmy & Delineation • Fisheries • Wildl!fe • Natural Communities Site N,unc: 560 Big Island Basin\i\rca: ..:B:;.;a;;.;scci;.;;n...;l'------------- lnvcstigators: -'8=-=-P-"C'-------------- Disturbed Condition'/ Y cs No ii' Nature of Disturbance: Date: Sample Point ID: Crnnmunity Type: VEGETATION September 14, 2004 SP 1-1 WET Type 3 -PEMF Dominants (:::20% + basal or aerial coverage) Non-dominants Species Stratum Indicator Status Species Stratum Indicator Status Carex lacustris @VS T OBL Laeortea canadensis @v ST FACW Acer neg_undo H V S(f) FACW-Tve.ha ctllf£11Sti(olia @v ST OBL H VS T Rhamnus cathartica HV@T FACU H VS T Polvgonum ame.hibium @v ST OBL H VS T HVST HVST HVST HVST HVST >50% of Dominants FAC or wetter'? v' Y cs No >50% of Dominants FACW, OBL (FAC-ncutral test) V Yes No NIA Notes: Herbaceous, shrub, and tree species observed at sample location SOILS County Soil Survey Map Unit: Marsh V Soil Series is on National Hydric Soil List ----------v' Arca mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt r,/ Mineral Soil v' Organic Soil Horizon/Depth 0-6" 6-12" 12-16" Matrix Color l0YR 2/1 I0YR 3/1 l0YR 4/1 Hydric Soil Present? v' Yes No Notes: *Iron Oxide Soft Mass (IOSM) Texture Organic (Hemic) Organic Loam Sand Undetennined Features Common/Distinct 7.5YR 4/4 Root Channels Common/Prominent 7.5YR 4/6 IOSM !Primary indicators (P) Secondary indicators (S) I HYDROLOGY Depth of sampling: 16 Inches r,/ Oxidized Root Channels in Upper 12 inches (S) Inundated, Depth of Water: (Pl Drainage Patterns in Wetlands (P) ----Free water in borehole, Depth from Surface: 12" Water-stained leaves (S) Water Marks, Elevation: (P) Local Soil Survey Data (S) ----Drift Lines or Sediment Deposits (P) FAC -Neutral Test (S) Hydrology Criterion Met? r,/ Yes No Other Observations: WETLAND DETERMINATION ls the Sample Point in Wetland'? Yes v' No Undetermined Distance from Delineated Edge: l.2_ft. Ni A Notes: Wetiand edge based on vegetation, soils, and topographic line II I II II II I I I I I II II II ' SVOBODA ECOLOGICAL tRESOURCES Wetlands /nventm:v & Delineation • Fisheries • Wildlife • Natural Communities Site Name: 560 Big [slam! 13usin\Arca: ..;B;;..a"'s""'i-"n_l;..... __________ _ Investigators: -'B=..:.P-"C;._ ___________ _ Disturbed Condition'! Yes Nature of Disturbance: No v Date: Sample Point ID: Community Type: VEGETATION September 14, 2004 SP l-1 UP Upland Dominants (:::_20% + basal or aerial coverage) Non-dominants Species Stratum Indicator Status Species Stratum Indicator Status Acer saccharum H V sQ) FACU Tilia americuna 1-1 Vs([) FACU H VS T Rhamnus cathartica 1-1 v@T FACU 1-1 VS T HVST H VS T 1-1 VS T H VS T H VS T H VS T HVST H VS T H VS T >50% of Dominants FAC or wetter? Yes V No >50% of Dominants FACW, OBL (FAC-neutral test) Yes V No NIA Notes: Shrub and tree species observed at sample location SOILS County Soil Survey Map Unit: Hayden loam Soil Series is on National Hydric Soil List Arca mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants arc OBL and FACW and wetland boundary is abrupt ~ Mineral Soil Organic Soil Horizon/Degth Matrix Color Texture Features 0-10" l0YR 3/2 Loam 10-16" l0YR 3/1 Clay Loam Common/Distinct Depl., Few/Distinct IOSM 16-24" I0YR5/l Sandy Clay Loam Few/Distinct 2.5YR 5/6 IOSM. Carbonates 1-lydric Soil Present? v' Yes No Undetermined Notes: *Iron Oxide Soft Mass (IOSM) !Primary indicators (P) Secondary indicators (S) I HYDROLOGY Depth of sampling: 24 Inches Inundated, Depth of Water: (P) ----Free water in borehole, Depth from Surface: Water Marks, Elevation: (P) ----Drift Lines or Sediment Deposits (P) Hydrology Criterion Met? Yes v' No Other Observations: No free water observed within borehole Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (P) Water-stained leaves (S) Local Soil Survey Data (S) FAC -Neutral Test (S) WETLAND DETERMINATION Is the Sample Point in Wetland? Yes No v' Undetermined Distance from Delineated Edge: JO ft. NI A Notes: Wetland edge based on vegetation. soils, and topographic line ·.:.; , .. I I I I I I I I II II II II II II II II IJ I I INDICATOR CATEGORIES* Obligate Wetland (OBL)-Occur almost always (estimated probability >99%) under natural conditions in wetlands. Facultative Wetland (FACW)-Usually occur in wetlands (estimated probability 67% -99%), but occasionally found in non-wetlands. Facultative (FAC)-Equally likely to occur in wetlands or non-wetlands (estimated probability 34%-66%). Facultative Upland (FACU)-Usually occur in non-wetlands (estimated probability 67% - 99%), but occasionally found in wetlands (estimated probability 1% -33%). Obligate Upland (UPL)-Occur in wetlands in another region, but occur almost always (estimated probability >99%) under natural conditions in non-wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the National List. *Reed, P.B. 1988. National list of plant species that occur in wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service. St. Petersburg, Florida. ,-. /r I I I I I II I I I I II I II II I I I I Orticial Series Description -He DEN Series LOCATION HAYDEN Mtl+ I:'\ Established Series Rev. ELB 05/1999 HAYDEN SERIES Pag.clof'J The Hayden series consists of deep well drained soils that formed in calcareous loamy glacial till on glacial moraines and till plains. These soils have moderate permeability. Their slopes range from 2 to 40 percent. Mean annual precipitation is about 28 inches, and mean annual temperature is about 46 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superactive, mesic Glossic Hapludalfs TYPICAL PEDON: Hayden loam with a 6 percent convex slope on a terminal moraine in a deciduous forest. (Colors are for moist soil unless otherwise noted.) A--0 to 2 inches; very dark gray (1 0YR 3/1) loam; weak fine granular structure; very friable; about 5 percent coarse fragments; neutral; abrupt smooth boundary. (1 to 4 inches thick) E--2 to 9 inches; dark grayish brown ( 1 OYR 4/2) light loam; weak thin platy structure; very friable; few very dark gray ( 1 0YR 3/1) worm casts in upper part; about 5 percent coarse fragments; slightly acid; clear wavy boundary. (0 to 12 inches thick) BE--9 to 14 inches; brown (l0YR 5/3) fine sandy loam; weak fine and medium subangular blocky structure; friable; many distinct coatings of clean sand and silt particles on faces of peds; about 5 percent coarse fragments; medium acid; clear wavy boundary. (0 to 8 inches thick) Btl--14 to 28 inches; yellowish brown (l0YR 5/4) loam; moderate fine and medium subangular blocky structure; firm; few faint coatings of clean sand and silt particles and few faint dark yellowish brown (1 0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; strongly acid; clear wavy boundary. Bt2--28 to 38 inches; yellowish brown (IOYR 5/4) loam; moderate fine and medium prismatic structure parting to moderate fine and medium angular blocky; firm; many distinct dark yellowish brown (1 0YR 4/4) clay films on faces of peds; about 5 percent coarse fragments; few prominent black clayey fillings in root channels; strongly acid; clear wavy boundary. Bt3--38 to 43 inches; yellowish brown (lOYR 5/4) loam; few fine prominent reddish brown mottles; moderate fine and medium prismatic structure; friable; few distinct dark yellowish brown (l0YR 3/4) clay films on faces of peds; about 5 percent course fragments; slightly acid; abrupt wavy boundary. (Combined thickness of Bt horizons is 12 to 30 inches.) C--43 to 60 inches; light olive brown (2.5Y 5/4) loam; few fine faint grayish brown (2.5Y 5/2) and light olive brown (2.5Y 5/6) mottles; massive; friable; and 5 percent coarse fragments; slight effervescence; mildly alkaline. TYPE LOCATION: Rice County, Minnesota; about 4 miles north of Faribault; 1,920 feet east and 30 http://ortho.ftw.nrcs.usda.gov/cgi-binJosd/osdname.cgi?-P 9/14/2004 1111 IJ II II II Ill II II II Ill Ill II II II I Orticial Series Description -11. DEN Series Page 2 of 3 feet north of the southwest corner of sec. I, T. 110 N ... R. 21 W. RANGE IN CHARACTERISTICS: Solum thickness and depth to free carbonates range from 24 to 54 inches. Coarse fragments of mixed lithology comprise 2 to 8· percent of the volume of the control section. The A horizon has hue of l 0YR, value of 2 or 3, and chroma of l or 2. The Ap horizon has value of 4 or 5 and chroma of 1 or 2 and value of 6 when dry. The E horizon has hue of 1 0YR, value of 4 or 5, and chroma of 1 or 2. The A and E horizons typically are loam, silt loam, sandy loam, or fine sandy loam, but include clay loam, if eroded. They are neutral to medium acid. The Bt horizon has hue of 1 0YR in the upper part and l 0YR or 2.5Y in the lower part, value of 4 or 5, and chroma of 3 through 5. Mottles are present in the lower subhorizons in some pedons. It typically is clay loam or loam, but sandy clay loam is in parts in some pedons. The argillic horizon has 18 to 35 percent clay and 30 to 45 percent sand. It is slightly acid to strongly acid. Some pedons have a BC horizon. The C horizon has a hue of 1 0YR or 2.5Y, value of 4 or 5, and chroma of 3 through 6. It is loam or clay loam. It lacks mottles in some pedons. It has 15 to 25 percent calcium .carbonate equivalent and is mildly or moderately alkalikne. COMPETING SERIES: These are the Amanda, Belmont, Belmore, Chenault, Chili, CoggQn, Conestoga, Douds, El Dara, Gallman, Grellton, Hebron, Hickory, Hig_h Ga12, Holling~, Kalamazoo, Kanawha, Kendallville, Kidder, Kosciusko, LeRoy, Letart, Lindley, McHenry, Mandeville, Martinsville, Miami, Mifflin, Military, Nodine, Norden, Ockley, Owosso, Pecatonica, Princeton, Rawson, Relay, Renova, Richland, Riddles, Rockbridge, Roseville, Sisson, Strawn, Summitville, Teanaway, Theresa, Wawasee, Westville, Whalan, and Woodbine soils in the same family. Amanda horizon soils have more illite in the B and C horizon; Belmont soils have redder hue in the B horizon. Belmore, Chili, Kalamazoo, and Ockley soils formed in glacial outwash and have sandy or sandy- skeletal 2C horizons. Chenault soils have chert fragments in the solum and are underlaid by limestone bedrock. Coggon, Gallman, Hickory, Pecatonica, Renova, Riddles, Summitville, and Westville soils have thicker sola. In addition, Coggon soils have low chroma mottles in part of the B2 horizon. Conestoga, Kendallville, Letort, Richland, and Rockbridge soils have more coarse fragments. Douds, El Dara, Kidder, Sisson, and Wawasee soils have less clay and more sand or silt in the lower part of the B horizon and in the C horizon. High Gap, Hollinger, Mandeville, Mifflin, Military, Norden, Roseville, Whalan, and Woodbine soils have bedrock beginning between depths of 20 and 60 inches. Grellton, Hebron, Lindley, and Rawson soils have more silt or clay or both in either the lower part of the B horizon or C horizon or both. Kanawha soils are formed in alluvium from acid shale and are in an area of higher rainfall. LeRoy and Strawn soils have thinner sola. McHenry and Miami soils have more silt or clay, or both in the upper part of the sol um. Martinsville soils have redder hue in the B horizon and formed in stratified outwash or lacustrine sediments. Nodine soils have thicker sola which is more stratified and leached of free carbonates to greater depths. Owosso soils have more sand and less silt or clay in the upper part of their sola. Princeton soils formed in aeolian sediments and have stratified C horizons. Relay soils have hue of2.5Y or 5Y in all parts of the B horizon. Teanaway soils have firm sandy clay loam C horizons with redder hue. Theresa soils formed partly in loess and have 2C horizons with 40 to 60 percent calcium carbonate. GEOGRAPHIC SETTING: Hayden soils have plane or convex slopes on gently undulating through steep glacial moraines of the Des Moines and Grantsburg sublobe of the Late Wisconsinan glaciation. Their slopes range from 2 to 40 percent and mostly are 80 to 300 feet in length. These soils formed in calcareous loamy glacial till. Montmorillonite is the dominant clay mineral in the glacial till. Mean http://ortho.ftw.nrcs.usda.gov/cgi-bin/osd/osdname.cgi?-P 9/l-l/2004 I I I I I I I I I I I I I I I I I Official Series Description -HA'. .::N Series Page 3 of3 annual temperature is 45 to 50 degrees, and mean annual precipitation is 27 to 33 inches. GEOGRAPHICALLY ASSOCIATED SOILS: These are the Ames, Dundas, Hamel, l_u_ther, and Nessel soils which are members of a toposequence with the Hayden soils. Moderately well drained Nessel soils have plane or slightly convex slopes. Poorly drained Ames and Dundas soils have slightly concave to slightly convex slopes with gradient of less than 2 percent. Poorly drained Hamel soils are on toe slopes. Organic soils are common associates in some places. DRAINAGE AND PERMEABILITY: Well drained. Runoff is medium and rapid. Permeability is moderate. USE AND VEGETATION: Mostly cleared and cultivated to corn, soybeans, small grain, and hay. Native vegetation was deciduous forest of maple, basswood, oak, and elm. DISTRIBUTION AND EXTENT: Southeastern Minnesota and in central Iowa. Extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Hennepin County, Minnesota, 1929. ADDITIONAL DATA: Refer to Minnesota Agricultural Experiment Station Central File Code No. 967 for results of some laboratory analysis of the typical pedon. National Cooperative Soil Survey U.S.A. http://ortho.ftw.nrcs.usda.gov/cgi-bin/osd/osdname.cgi?-P 9/14/'.2004 PHOTO 2: Image of sample pnint location. Phnto tak.:n in S.:pkrnh:r. 200-t PH©TO 1: Image of Basin l edge facing northeast from west central .:dgc of the basin. Photo taken in Scpll.'mber. 2004. Vegetation along the edge mainly lake hank sedge, cattail. common buckthom. and sugar rnapk. Note rather ste,:p slop.:s. PHOTO .1: ImagL' of Basin l farn1g north frnm Lake Minnetonka. Photo taken 111 September, 200-:1. Basin dominated eattai l sp-.·cies. EXHIBITH CITY of ORONO TO: Janice Gundlach Street Address: 2750 Kelley Parkway Orono ; MN 55356 Municipal Offices FROM: Matt Bolterman, On-Site Systems Manager A-1 6 DATE: November 8, 2004 SUBJECT: Septic Review for 560 Big Island Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This lot has two septic sites large enough for a three bedroom (300 gallon, type 2) cabin. The sites lye along the sideslope of the hill and meet setback requirement to the lake, property lines and proposed cabin. Access for the construction of the cabin must be 10 feet from the drainfield sites. A full design must be approved before any building permits can be obtained. I recommend approval based on septic concerns. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us 11/08/2004 11:43 FAX 7634419176 -Miller Environmental Inc. November 8, 2004 Palm Properties Mike Palm 2311 Wayzata Boulevard Minneapolis, Minnesota 55405 WATER LABS & ECO SYSTEMS Subject: Site Investigation for Onsite Wastewater System (OWS) 560 Big Island; City of Orono 141002 PMONE; 763-370-5961 FAx:763-441-9176 333 East Main Street• Elk River, MN 55330 MEI completed 4 soil borings on November 5, 2004 at the approximate locations indicated on the attached figures. The soil profile descriptions are attached to this correspondence. The purpose of the soil investigation was to generally detennine the type of Onsite Wastewater System (OWS) that can be anticipated to serve the new residential home. The results of the soil borings indicate the site is underlain by loailly glacial deposits. Clay loam textures were encountered in the soil borings to approximately 3 feet, underlain by olive brown sandy loam soil rich in calcium carbonate and shale deposits. The soil borings completed within the drain field area we:r.e on slopes from 4% ~ 18% with a dense cover of oak, aspen and maple trees. Slope measurements were taken in three locations; I) along the entire drain fie]d area, 2) along the area of the primary site and 3) along the area of the secondary site. The three measurements had an average slope of just less than 18%. Evidence of a seasonal water table was not observed in soil borings 2-4, the area of the proposed OWS drain fields. The attached figures give the drain field calculations and area requirements as well as identifying the proposed area for the drain fields. It is anticipated that a three bedroom type 2 home will be constructed on the site for an estimated average daily flow of 300 gallons per day. With a subsurface drain field using a.11 equivalence of 12 inches of sewer rock will require two drain field sites of 528 square feet each. Three foot wide drain field trenches are shown along the contour of the landscape on the attached figures to meet the area requirements. At the time of designing the OWS for the residence, percolation tests are required by the City of Orono as well as a complete OWS design with data sheets and material specifications for permitting. If you have questions, please e free to call. P~.s.s. Designer I MPCA Ce1tification #2262 Cc: Matt Bolterman; City of Orono 11/08/2004 11:43 FAX 7634419176 WATER LABS & ECO SYSTEMS PROPOSED BUILDING, DRAIN FIELDS & GRADING PLAN FOR DONALD HENDERSON IN LOT 4, KITCHEL'S SUBDIVISION OF GOV'T LOTS 5 & 6, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA 141003 SCALE 1 11 = 50' ~ Pril"lo,ry dr-oin field o.reo.: 1';7 lf x 3 ft = 5t;l sf Sec:ondo.r-y drQin fili'ld o.l"eo., 178 lf' x 3 rt :.: 534 sf ...., ________ ~ ,$ Soll Boril"IQ LAKE MINNETONKA 11/08/2004 11:43 FAX 7634419176 ~,-~~ ~v 'bes ~ ,1'b ~~'-'.~ it,Oj WATER LABS & ECO SYSTEMS \ \ \ \ \ \ \ ----'41004 I SCAllE I 1" -1 201 -L.J----------,-~4---------------·---+-.J,~,--- \ This line follows old fence line I I .. (I? I I I '¢ I (") / I (j) /' ,-I I I l I I J / I Building setback lines ~, I , i.--'/_' ~__,..,0'·~- 1 I ' r- I I I r-- I I I I ;-~-. I I ..., I I I 5' \ ; \ // \~*-------.......... .,,,.,,,✓ ' ' .-,,/ ...... __ ,,., ~ ./ ~ / P...e~silole \.Jell 1-oco.tion / 1---------+-~~---------/"- 40 I / J / I I PROPOSE'? /1 BUILDING/ ~ / / I I I /, I I I I I . I I/, I I I I / I I I I .// I I . I I I r,t l I l\•liller Environmental, Inc. 333 Main Street Elk River, :\·IN 55330 Soil Profile Description Date Completed: 11/5/2004 ---------------Test Pit# 1 --------------Completed By: Peter G. Mi1ler, P.S.S. License No. 42636 Equipment: Bucket Auger Project: 560 Big Island Limiting Layer Depth: 2011 --------------Landscape Position: _2_-4_3/c_o_T_o_e_s_Lo ..... p .... e _________ _ Vegetation: \\looded --------------Mapped Soil Type: Lester ---------------Parent Material: Glacia1 Till --------------Elev at ion: Approximately 934 HORIZON DEPTH END l\ilATRIX STRUCTURE-REDOXIMORPHIC SOIL SIZING (INCHES) COLOR TEXTURE CONSISTENCE FEATURES OTHER FACTOR* 10 10YR 2/1 Clay Loam 2.2 20 10YR4/3 Clay Loam 2.2 48 2.5Y 5/2 Clay Loam Many, Fine, Distinct lOYR 5/6 and NA IOYR612 "(ft.2/gpd) square feel per gallon per day with residential strength septic tank effluent millerenvironmentaJ@msn.com Phone 763-370-5961 Fax 763-4-11-9176 ...... ...... '-0 QO '-N 0 0 """ ...... ...... """ """ ~ -:i 0, ~ """ """ ...... (iO ...... -:i 0, ~ ::i:i ~ tll 11)::o tr:! n 0 tll i<: tll ~ i==: tll (§1 0 0 CTI Miller EnvironmentaJ, Inc. 333 lfain Street Elk River, fvIN 55330 Soil Profile Description Date Completed: 11/5/2004 ---------------Test Pit# 2 --------------Comp 1 et e d By: Peter G. Mille1·, P.S.S. License No. 42636 Equipment: Bucket Auger Project: 560 Big Island Limiting Layer Depth: Not Observed --------------Landscape Position: 18% Side Slope ---------------Vegetation: Wooded --------------Mapped Soil Type: Lester ---------------Parent Material: Glacial Till --------------Elev at ion: Approximately 941 HORIZON DEPTH END MATRIX STRUCTURE-REDOXIMORPHIC SOIL SIZING (lNCHES) COLOR TEXTURE CONSISTENCE FEATURES OTHER FACTOR* 8 lOYR2l2 Loam 2 38 10YR4/3 Clay Loam Shale fragments 2.2 Violent effervesence from 66 2.5Y 5/4 SandyLoam CAC03 deposits; 5YR 4/6 2 Fe Concretions "(ft1/gpd) square feet per gallon per day with residential strength septic-tank effluent millerenvironmental@msn.com Phone 763-370-5961 Fax. 763-44-1-9176 I-< I-< '-0 (l0 '-N 0 0 .... I-< I-< .... .... ~ -'I Ol c.o .... .... I-< co I-< -'I Ol ~ ::,:, ~ tll 9.'> tr:! n 0 tll >< tll ~ is: tll (§1 0 0 Ol ~:filler EnvironmentaJ, Inc. 3331fain Streec Elk River, }..1N 55330 Soil Profile Description Date Completed: l l/5/2004 ---------------TestPit# 3 --------------Completed By: Peter G. Miller, P.S.S. License No. 42636 Equipment: Bucket Auger Project: 560 Big Island Limiting Layer Depth: Not Observed --------------Landscape Position: 18% Side Slope ------'=------------Vegetation: \\7 ooded --------------Mapped Soi] Type: Lester ---------------Parent Material: Glacial Till E 1 e vat ion: Approximately 94 7 HORIZON DEPTH END MATRIX STRUCTURE-REDOXIMORPIDC SOIL SIZING (INCHES) COLOR TEXTURE CONSISTENCE FEATURES OTHER FACTOR* 8 10YR2/2 Loam 2 34 IOYR4/3 Clay Loam Shale fragments 2.2 Violent effer:vesence from 60 2.SY 5/4 Sandy Loam CAC03 deposits; 5YR 4/6 2 Fe Concretions * (ft1lgpd) square feet per gallon per day with residential strength septic tank effluent m.iUeren,~ronmental@msn.com Phone 763-370-5961 Fax 763-4-41-9176 .... .... ....__ C Q0 ....__ N C C ,I>- .... .... ,i,. ,i,. ~ -! 0) c.o ,i,. ,i,. .... (0 .... -! 0) ~ ::,::, 5 tr.I Pl' tr:! (1 0 tr.I ><: tr.I ~ lo:: tr.I 1§1 C C -! .Miller Environmental, Inc. 333 Main Street Elk Ri·ver, :MN 55330 Soil Profile Description Date Completed: 11/5/2004 ---------------Test Pit# 4 --------------Comp 1 et e d By: Peter G. Miller, P.S.S. License No. 42636 Equipment: Bucket Auger Project: 560 Big Island Limiting Layer Depth: Not Observed --------------Landscape Position: 4-6% Shoulder ---------------Vegetation: Vl ooded --------------Mapped Soil Type: Lester ---------------Parent Material: Glacial Till Elev at ion: Approximately 954 HORIZON DEPTH END MATRIX STRUCTURE-REDOXIMORPIDC SOIL SIZING (INCHES) COLOR TEXTURE CONSISTENCE FEATURES OTHER FACTOR* 8 10YR2/2 Loam 2 30 IOYR4/4 Clay Loam Shale fragments 2,2 Violent effervesence from 64 2.5Y5/4 Loam CACO3 deposits; 5YR 4/6 2 Fe Concretions " (lt2/gpd) square feet per gallon per day with residential strength septic tank effluent millereu,-ironmental@msn.com Phone 763-3 70-5961 Fax 763-44-l-9176 ..... ..... "-0 Qo "- "' 0 0 ,i;.. ..... ..... ,i;.. ,i;.. ~ -1 0) c.o ,i;.. ,i;.. ..... (0 ..... -1 0) ~ :;,:, ~ tll la'> l:Jj n 0 tll >< i tll [§I 0 0 Qo UNIVERSITY OF MI~1\J'ESOTA 1'win Cities Campus October 13, 2004 Michael P. Gaffron Planning Director City of Orono 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 FAX (952)249-4616 EXHIBIT J Otoktryngology•Head & Neck Surgery Mayo Mail Code 396 T,.ioris SM International Hearing Cente'f" 420 DelawarE! Street S.E. Medical School Minneapolis, MN 55455 612,625-3200 Fax: 612-625,2101 Offices: 8th Floor Phillip.1·-Wangensre,u1 Building 516 Delaware Sireet S.E. RE: #04-3057, Don Henderson, 560 Big Island Dear Mr. Gaffron: As one of the immediate neighbors of Mr. Don Henderson on Big Island, I am very concerned about providing a variance for a permit for construction of a seasonal cabin on the described lot. While it is reported that it is a 3.3 acre size, in reality, much of this property is not usable or consists of a marsh. That marsh serves as a home in the spring for a great deal of wildlife particularly redwing blackbirds and in the summer for herons. I am concerned, not because of the home construction, but because of the possible septic system and possible entry or disturbance of that marsh by development of the area. During the summer of '04, there was a For Sale sign on the property and it was advertised in the Lakeshore Weekly News as a buildable lot. Where the new dock would be for this property is another area to be discussed as it would have to pass through a portion of this marsh. The new owner of this property should be aware that the 75 foot setback still places the home in the lowland part of the island. Other homes built on the lowland portion of this aspect of the island are built on pilings, specifically the Webb Hill and Tom Lapping properties. This is because in the spring of each year this area is associated with the spring runoff and is underwater. Additionally, on the higher portions of the property there is an embankment leading down to the area of the marsh. It seems to me that this property would be best served to the state, the people of Minnesota, and Lake Minnetonka by declaring it a natural preserve. If however it is deemed a buildable lot, then I would hope that the new builder would be made specifically aware of these circumstances and that they would need additional pe1mits for a dock, a welli a septic system, and for clearing trees. TOTAL P.01 Erickson 952-473-4855 p. 1 -------------·. FROM FAEGRE & BENSON Planning Commission City of Orono 2750 Kelley Parkway1 P.O. Box 66 Crystal Bay, MN 55323 {WED) 11. 10' 04 14:06/ST. 14:05/NO. 4863847942 P 2 November 10, 2004 Re: #04-3057, Variance Request-560 Big Island Dear Members of I.he Orono Planning Commission: You should recommend denial of the variance in case #04-3057 -560 Big Island for a number of reasons. l am familiar with the property since I own the large parcel that abuts it to the north. l have owned this property for many years and have taken great interest in the zoning history of Big Island. Orono has put a 5 acre n1inimum lot si7.c requirement on Big Island for good reason. Reason.c; for the 5 acre minimum lot size prominently include prote~ion of the critical environment tor waste treatment and for access. In the application before you both issues dictate a denial. Until access is determined, this application cannot be granted. At the vecy least, it should be tabled until the Mora1orium is ovet'. Since you may be under the gun of the 60 day rule. the lack of access and the existence of the MoTa.torium are reason enot1gh upon which to base a denial. Cities uniformly deny applications that are submitted in the face of a Moratorium. If access has not been detennined, you cannot make the findings required in your ordinance. If the applicant grants you an extension orthe 60 day rule~ table the matter. If you do not get ao extension. you must deny based on the Moratorium. The :second reason for a denial is that this lot is too small to handle waste disposal. 1t is contrary to Orono's policies to give variances where this threat exists. You must find "undue hardsrup" before you ~an gra.llt a variance. Thl.lrt, is much property on R;g Island thar is unbuildable. There is nothing new about that. People still enjoy the benefits of owning and using the pTope11y. Nothing in reality, nothing in the law dictates that just because someone owns property means they can put a building on it. There are plenty of uses this property can be put to. A variance to put up a home is one of them! Sincerely, Ml :11$7601,01 RUN DATE: 10/1/2004 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER GERALD A ERICKSON JR NAME/ADDR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 2211723310020 PROP ADDR 590 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER NAME/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 38 2211723310034 PROP ADDR 600 BIG ISLAND OWNER NAME GEORGE L & DONNA L ADAMS TAXPAYER GEORGEL&DONNALADAMS NAME/ADDR 9581 VIRGINIA AVE BLOOMINGTON MN 55438 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22117233I0001 PROP ADDR 550 BIG ISLAND OWNER NAME FAUS FAMILY INVESTMENTS LP TAXPAYER FAUS FAMILY lNVESTMENTS LP NAME/ADDR 3810 YORK AVES MPLS MN 55410 38 22117233 !0029 PROP ADDR 570 BIG ISLAND OWNER NAME JODIE RV AR GAS ET AL TAXPAYER SELDEN THOMPSON ROBB JR NAME/ADDR 50IO MANITOU RD EXCELSIOR MN 55331 38 2211723310002 PROP ADDR 560 BIG ISLAND OWNER NAME DON HENDERSON ET AL TAXPAYER DON HENDERSON NAME/ADDR 5018 NORMANDALECT MPLS MN 55436 38 2211723310031 PROP ADDR 580 BIG ISLAND OWNER NAME JUNE M FJEGER TRUSTEE TAXPAYER JUNEMFIEGER NAME/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 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 COUNTYTAXPAYERSERVICES DEPARTMENT, TO THE BEST OFMYKNOWLEDGEANDBELlEF. , __ -y ,24z@ DATE rO /-O BY 1 :'.{'. ' ;/{_,U>4. / / PAGE: 1 t'!'.i ~ """ t:d """ --3 ~ Hennepin County Taxpayer Services Department "KITCHEL'S SUBDIVISION OF GOVERNMENT LOTS 5 AND 6 IN SECTION 22 TOWNSHIP 117 RANGE 23" 122-117-23-~ l,;,=,i:..:.....::..:;ii;;.,.=,1.-..,,,.;;:i.G-...,;.i:!IJ (2) SNIDER'S SUBDIVISION OF LOT THREE(3) OF KITCHELS SUBDIVISION OF BIG ISLAND LAKE MINN£TONKA (VACA TED 49 MISC .'.19:J) (1) LOT4 7. Parcel Information 1W Parcel ID 2211723310002 House Number 560 Street Name BIG ISLAND This is not a legally recorded map . .It represents a compilation of information and data from City, County, and State road authorities and other sources. (1) EXHIBITL 418.B ' ' ' ' ' 10/14/2004 20:58 FAX 7634973566 SP TESTING INC S-P TEST/NG, INC. Steven B. Schirmers • MPCA Cert.No. 627 951 Katydid Lane NE• St. Michael, MN 55376 • (763) 497-3566 FAX(763)497-5011 State License #394 October 15, 2004 Rick Palm Lot 4, Kitchel's Sub-division Henderson Property Big Island, Orono, MN A site evaluation was completed for on-site sewage treatment systems for this property. Four soil borings were completed which found mottled soil (redox features) at 24" below the ground surface. A pressurized mound system would be needed to treat septic effluent. A mound system for a Type 11, three bedroom cabin (300 gal/day) would require an area of 40' x 60'. The site plan shows two areas using a 20' setback from the property lines & 20' setback to the structure. This leaves very limited space for a structure & is on 18% slope. Even using a 1 0' setback from the properly line limits the house location. An option would be a Performance system under Minnesota Chapter 7080.0179 rules using a pressurized seepage bed with less separation to the redox features using pretreatment with positive filtration and an alarm. ¼-B.~ Steven B_ Schirmers 1 14102 20:58 FAX 7634973566 SW c:orner of Lat 4 pet TOIT8115 Case Na. 4ZIP LAKE MINNETONKA SP TESTING INC I • I L, I ~~L.._ii..'\~--40 .. ~-0 _ 1 Ci{~~. ·a -3 ~5.:0.0 ,:-5 :-~ 300 ~\Jr}..~~. ~L,,"f-: "'i' tn-w 14103 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#04-3057, as mailed to the attached list of property owners. ln Wimess Whereof, I have hereunto set ;z_f Novem:, 2004. Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, November 15, 2004, beginning at 6:00 p .m. on the matter of reviewing the following land use applications: 1. #04-3022 2. #04-3052 3. #04-3055 4. #04-3056 5. #04-305 7 6. #04-3060 7. #04-3062 8. #04-3063 9. #04-3064 10. #04-3065 Philip and Karen Skoog, 280 Tonka Avenue, LR-IA zoning district, request a rear yard setback va1iance to allow a rear yard setback of 47 feet when 50 feet is normally required and a hardcover variance for the 500'-1000' lake setback zone to pe1mit a hardcover level of 3 7% when only 3 5% is normally allowed and 3 7% currently exists, all in order to construct an addition to the existing home. Eric Vogsn·om, 2618 Casco Point Road, LR-1 C zoning district, requests a side street setback variance to permit construction of a new principal residence to be located 10' from platted right-of-way when 15' is normally required and a hardcover variance within the 7 5 '-250' zone to permit 5 8% hardcover when 25% is normally allowed. Dr. Martha Spencer, 1005 Willow Drive S, RR-lB zoning district, requests a hardcover variance for the 0-75' lake setback zone in order to constrnct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. Dennis V. and Evelyn N. Bruce, 3435 Livingston Avenue, LR-IC zoning district, request a variance to permit an accessory building to be located nearer the street or front lot line than the principal structure and a hardcover variance for the 500'-1000' lake setback zone. Don Henderson, 560 Big Island, RS zoning district, requests a lot area variance to permit construction of a seasonal cabin on a lot 3 .33 acres in size when 5 acres is normally required. Michael and Donna Ebertz, 1220 Tonkawa Road, LR -lB zoning district, request an after-the-fact conditional use pe1mit and hardcover variance for the 0- 7 5' zone to permit land alterations and boulder walls within 7 5' of the OHWL of Lake Minnetonka. John Terrance Homes LLC, 26.XX Kelley Parkway (Outlot E, Stonebay), PUD zoning, requests a final plat and PUD site plan amendment for construction of a 62-unit condominium building. WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zoning district, requests a conditional use permit amendment in order to install additional lighting in the parking lot. Douglas and Deborah Ingvalson, 3460 Birch Lane, LR -1 C zoning district, request a hardcover variance for the 7 5 '-25 0' lake setback zone to permit 53 .19% when 25% is normally allowed and 53 .05% currently exists in order to construct a covered entry. D. Mark and Bonnie Hector, 3265 Carman Road, LR -IC zoning district, 11. #04-3066 12. #04-3067 13. #04-3068 14. #04-3069 request a hardcover variance for the 0-75' and 75'-250' lake setback zones and a lot coverage by structures variance in order to rebuild timber walls and a lake yard deck. William and Anita Rouse, 4051 Highwood Road, LR -lB zoning district, request a side yard setback variance to permit a side yard setback of 4' when 3 5' is normally required and 4' cun-ently exists, a hardcover variance for the 0-75' and 75'-250' lake setback zones and a lake setback variance all in order to re- orient the roof and add a second story within the non-conforming side yard setback and reconstruct a deck in the lake yard. Lecy Consh-uction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Lane, LR -1 B zoning district, requests hardcover variances for the 0-7 5 'lake setback zone to permit 6.83% hardcover when 0% is nom1ally allowed and 6.83% currently exists and for the 75'-250' zone to permit 34.78% when 25% is nmmally allowed and 44.91 % currently exists in order to rebuild an addition to the existing home. Ian Petersen, 2690 Fox Street, RR -lB zoning district, requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres in nonnally required. G & L Land Investmenst, LLC, 2665 Mapleridge Lane, LR-1 B zoning district, requests an average lakeshore setback variance to permit an in-ground pool to encroach on the required average lakeshore setback. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by November 10, 2004. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Michael P. Gaffron, Planning Director To be published the week of October 31, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 Jam Free Printing Use Avery® TEMPLATE 5160® Gerald A Erickson Jr 4567 American Blvd W Minneapolis, MN 55437 June M Fieger 14601 Atrium Way #324 Minnetonka, MN 55345 George L & Do1ma L Adams 9581 Virginia Ave Bloomington, MN 55438 0 www.avery.com 1-800-GO-AVERY Faus Family Investments LP 3810 York Ave S Minneapolis, MN 55410 Jodie R Vargas ET AL Selden Thompson Robb Jr 5010 Manitou Rd Excelsior, MN 55331 A.~31/\ 'g-0 !)-008· i U.hO)"J\JaAe"Mfl/\l'-Jt c•,:-::~·:,--::;:;:;:::, Q_:J{::Jl.::] ~ AVERY@ 5160® Don Henderson 5018 Nonnandale Ct Mi1meapolis, MN 55436 June M Fieger 14601 Atrium Way #324 Minnetonka, MN 55345 RUN DATE: 10/1/2004 38 221172324000 I PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER GERALD A ERICKSON JR NAME/ADDR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 2211723310020 PROP ADDR 590 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER NAME/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 38 2211723310034 PROP ADDR 600 BIG ISLAND OWNER NAME GEORGE L& DONNA L ADAMS TAXPAYER GEORGE L& DONNA LADAMS NAME/ADDR 9581 VIRGINIA AVE BLOOMINGTON MN 55438 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22 I 17233 IO00I PROP ADDR 550 BIG ISLAND OWNER NAME FAUS FAMILY INVESTMENTS LP TAXPAYER FAUS FAMILY INVESTMENTS LP NAME/ADDR 3810 YORK AVES MPLS MN 55410 38 22117233 !0029 PROP ADDR 570 BIG ISLAND OWNER NAME JODIE R VARGAS ET AL TAXPAYER SELDENTHOMPSONROBBJR NAME/ADDR 5010 MANITOU RD EXCELSIOR MN 55331 38 2211723310002 PROP ADDR 560 BIG ISLAND OWNER NAME DON HENDERSON ET AL TAXPAYER DON HENDERSON NAME/ADDR 5018 NORMANDALECT MPLS MN 55436 38 2211723310031 PROP ADDR 580 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER NAME/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 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 TAXPAYER SERVICES DEPARTMENT, TO THE BEST ~ OF MY KNOWLEOOE AND BELIEF. 1 . _ . y , -:lt.<&c-£ ,£/// DATE rO /-O BY 1 ' jY{_,,.¼,,?C,; -/ I/ /-'Avt:: I / (:~\/~~~ ( ' "' \--~~, ;_if.} ~t·:r;;:; Aff idav it of Pub i w~ation State of Mi nnesota , Count y of Carver . Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with aUthe require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA .07 , and other applicable laws , as amended. B.) The printed City of Orono - Reviewing land use appplications (14) 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 fi rst published Saturday, the ~ day of October 20 04 and was thereafter printed and published every Saturday, to and including Saturday, 30 October 04 the __ day of ________ 20. __ _, ~~ized Agent r~~-~-----~-• ~ -., .. ~~~~T RALls 1 ;,·,ESOTA t :·-nv l' ~-z,•., -~ __ .• _ . _ -.......... ~ ~ ..,. ....... __ :'};~~-~~c.s .. J Subscribed and sworn to me on this 2 day of November 20-=o....:.4 __ _ ~o 1 By:~/)!) C1 Ju ilJo._ _ -~..-??<? I L Notary Public Rate Info rma t ion (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. -. LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway,_P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249· . 4616 - NOTICE The Plann ing _Commission will . hold public hearirigs in the Orono Council Chamb ers at 2780 Kelley Parkway on _ Monday, November 15 ; 2004, beginning at 6:00 p.m. on the matter-of re viewing the following land use applications : 1. #04·3022 Philip and Karen Skoog , 280 Ton ka Avenue, LR -1A zon• ing district, request a rear yard setback variance to all ow a rear yard setback of 47 feet when 50 feet is normally required and a _hardcover variance for the 500'·1000' lake · setback zone to permit a hardcover leve l of 37 % when onl y 35 % is normally allowe d and 37% currently exists , all in order to constru ct an addition to the exist• ing home . · 2. #04-3052 Eric Vogstrom , 2618 Cas co Po int Roa d, LR -1C zoning district, reque sts a side street setback variance to permit constructi on of a new . principal residen ce \o be located 1 O' tram platted right-of-way when 15' is normally .re quired and a hardcover variance within the 75 '-250 ' zone to permit 58 % hardcov- er when 25 % is normally allowed . · 3. #04-3055 Dr. Martha Spencer, 1005 Willow Dri ve S, RR -1 B zoning district, reque sts a hardcover v ari- an ce for the 0-75' lake setback zone in order to ·construct patios, walk ways , and a gazebo within 75' of the OHWL of French Lake. · 4. #04-3056 Dennis V. and · Evelyn N. Bruce , 3435 Livingston Avenue , LR -·1 C zoning district, request a vari- ance to pe rmit an accessory building to be located · nearer the street or front lot line than the principal structure and a hard· c ove r variance for the 500' • 1000' la ke set- back zo ne . 5. #04-3057 Don Hend erson, 560 Big Island , RS zoning district , requests a lot area variance to permit con· · struction of a seasonal cabin on a lot-.3.33 acres in size when 5 acres is normally required. 6. #04-3060 Michael and Donna Ebertz, ·1220 Tonkawa Road , LR - 1 B zoning district,· request an after-the- fact conditional use permit and hard cover variance for the 0·75' zone to pe rmit land alterations and boulde r' walls within 75 ' of the OHWL -of Lake Minnetonka. 7. #04-3062 John Terran ce Homes LLC, 26XX Kelley Parkway (Outlot E, Stonebay), PUD zon ing , requests a _final plat and PUD site plan ame·ndment fo r construction of a 62-unit condominium building . . -. 8. #04-3063 WJM Properties, LLC , 2605 West Wayzata Boulevard, Industrial zoning district, requests a con- di tional use per.mil amendment in _order to install additional lighting in the parking lot. 9. #04-3064 Douglas and Deborah lngvalson, 3460 Birch Lane , LR -1 C zoning district, requ~st a hardcover variance for the 75' -250' lake setback zone to permit 53 .19% when 25% is no r- mally allowed and 53 .05 % currently exists in_ order -to construct a covered entry. 10. #04-3065 D. Mark and Bonn ie Hector, 3265 Carman Road, LR - 1 C zon-i ng 'district, request a hardcover variance for the 0-75 ' and '75'-250' lake setback zones and a lot coverage by structures variance In orde"r to rebuild tim- ber walls and a lake yard deck. 11 . #04-3066 William and An ita , Rouse , 4051 Highwood Road, LR -1B zoning district, request a side yard set- back variance to permit a side ya-rd set- back of "4 ' when 35 ' is ·normally required and 4' Cl,lrrently exists, a hardcover vari- ance for the 0-75' and 75'~250 ' la ke set- back zones and a lake setback variance all in order to re-orient the roof · and add a - second story _wi thin the non-conforming side yard setback and reconstruct a deck · _ in the lake yard. 12. #04-3067 Lecy Construction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Lane, LR -1 B zoning district, requests hardcover variances for the 0-75'Iake setback zone to permit 6.83% hardcover when 0% is normally allowed and 6.83% currently exists and for the 75'-250' zone to permit 34.78% when 25% is normally allowed and 44.91% cur- rently exists in order to rebuild an addition to the existing home. 13. #04-3068 Ian Petersen, 2690 Fox Street, RR -1 B zoning district, requests a lot area variance in order· to build a new residence on an existing lot 1.255 acres in size when 2.0 acres in nor- mally required. 14. #04-3069 G & L Land lnvestmenst, LLC, 2665 Mapleridge Lane, LR -1 B zoning district, requests an aver- age lakeshore setback variance to permit an in-ground pool to encroach on the required average lakeshore setback. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written com- ments are accepted .and should be sub- mitted to the City of Orono by November 10, 2004. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for fur- ther information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Michael P. Gaffron, Planning· Director Posted at: Orono. City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (Published in The Laker and The Pioneer · newspapers, October 30, 2004). Affidavit of Publication State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn,on oath says that he is an authorized agent and employee of ttie 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 require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07, and other applicable laws, as amended. B.) The printed City of Orono Hearing notice -14 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 ~ day of October 20 04 and was thereafter printed and published every Saturday, to and including Saturday, 30 October 04 the __ day of ________ 20 __ ~ ~izedAgent f;..,.,#..;...;. ... ··-··· ..... ~->-A ?t •P--6 ~, • ,-; . .. ,•.. '.;,"RIETTAA. ST P .- .; . ,. ;---:nv PUBLIC -MIi•,: ' \ -~ARVER COU t· .. ~' . ,. .<.JM M. EXPIRE S 1 · ........... .,.,~-~ Subscribed and sworn to me on this 2 day of November 20-"0-'-4 __ _ U-~U Notary Public Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. ~ t · LEGAL NOTICE ~ CITY OF ORONO : . · -~750 Kelley Parkway, P.O. Bo~ 66 · 1:\-'-Crystal Bay, MN 55323 [ jr ne (952) 249 4 4; 1 oi F_ax (952) 249- .';i NOTICE J• Tlie Planning Commission will hold ~tlblic hearings in the Orono Council ®~ambers at 2780 Kelley Parkway on lpnday, November 15,_ 2004, beginning t,I6:00 p.m . on the matter of reviewing the . lowing land use applications : l' , . t j • 1 . . · #04-3022 · · Philip and Karen t~oog, 280 Tonka Avenue, LR -1A zon- l~g district, request a· rear yard setback ~nee to allow a rear )lard setback of 47 fll.~Xwhen 50 feetis normally required and 1-;~:ardcover variance for the ·500',1000' ke setback zone to permit a hardcover I V:e'I of 37% when only 35% is normally llowed and 37% currently exists , -all in rd_•. er to construct. an addition -to the exist- l'(home. · • . · ~ 2 . • 11,04-3052 · Eri~ Vogstrom, 6\8 Casco Point Road, LR -. 1 C zoning s_ffict, requests a side street setback $r~nce to ·permit construction of a new ~~i lji:ipal residence to be located · 1 O' from platted right-of-way when 15' is normally required and a hardcover variance within the 7?'-250' zone to permit 58%. hardcov- er when 25 % Is normally allowed . 3. . . #04-3055 Dr. Martha Spencer, 1005 Willow Drive S, RR -1 B zoning distri_ct , requests a hardcover vari- ance for the 0-75' lake setback zone · in order to construct patios, walkways, and a gazebo within 75' of the OHWI:. of French Lake . 4. #04-3056 Dennis V. and Evelyn N. Bruce, 3435 Livingston Avenue , LR -1 C zoning district , request a vari- ance to· permit an accessory building to be located nearer the street or front lot line than the principal structure and a . hardcover variance for the 500' -1 00 0' lake setback zone . 5. #04-3057 Do n Henderson , 560 Big Island, RS zoning district, . requests a lot area variance to permit con - struction of a seasonal cabin on a lot 3.33 acres in size when ' 5 acres is · normally required. 6. #04-3060 Michael and Donna Ebertz, 1220 Tonkawa Road, LR - 1 B zoning district, request an after-the• · fact conditional use permit and h_ardcover .' variance for the 0-75 ' zone to permit land alterations and boulder wa ll s within 75 ' of the OHWL of Lake Minnetonka. ·1. • #04-3062 John Terrance Homes LLC, 26 XX Kelley Parkway (Outlot E, Stonebay}, PUD zoning , requests a final plat and PUD site plan amendment for construction of a 62-unit condominium · building . 8. #04-3063 WJM Properties , LLC , 2605 West Wayz ata Boulevard, Industrial zoning district, requests a con-· ditional use P,ermit amendment in order to install additional lighting in the parking lot. 9. #04-3064 Douglas and Deborah lngvalson, 3460 Birch Lane, LR -1 C zoning di strict, reque st a hardcover variance for the 75'-250 ' lake setback zone to permit 53 .19% when 25 % is nor- mally allowed and 53 .05% currently ex ists in order to construct a co vered entry. 10 . #04-3065 D. Mark and Bon·nie Hector, 3265 Carman Road , LR - 1 C zoning district, request a hardcover variance for th e 0-75 ' and 75 '-250' lake setback zones and a lot coverage by structures variance in order to rebuild tim- ber walls and a lake yard deck. 11 . #04-3066 William and An ita Ro.use , 4051 Highwood Road , LR -1 B zoning district, request a side yard set- back vari_ance to permit a side yard set- back of 4' when 35' is normally required and 4' currently exists , a hardcover vari- . ance for the 0-75' and 75 '-250' lake set: back zones and a lake setback variance all in order to re-orient the roof and add a se cond story within the non-conforming side yard setback and reconstruct a deck in the lake yard . 12. #04-3067 Lecy Construction on behalf cit Dennis and Amanda Walsh , 1354· Rest Point Lane , LR -1B zon ing district, requests hardcover variances for the 0-75 'Iake setback zone to pe rmi t 6.83 % hardcover when 0% is normally all owed and 6.83 % currently exists and for the 75 '-250' zone to permit 34 .78 % when 25 % is normally allowed and 44 .91 % cur- rentl y' exists in order to rebuild an addition to the ex isting home. · ·13 . . #04-3068 Ian Petersen, 2690 Fox Street, RR -1"B zoning district, requests a lot area variance in order to build a new res idence on an exi sting lot 1.255 acres in size when 2.0 acres in nor- mall y requ ired. 14 . #04 -3069 G & L Land ln ve stmenst, LLC , 2665 Mapleridge Lane , LR-: 1 B zoning district, requests an aver- age lakeshore setback variance to permit' . an in -groun<;l pool to encroach on the requ ired average lakeshore setback . All persons wishing to be heard are · encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing . Written com- ments are accepted and s,hould be sub- mitted to the City of Orono by November 10, 2004 . Plans are available for review in the City Offices and all interested persons are en couraged to contact the City for fur- ther information . For an appointment, please call (952) 249-4600 . City of Orono By: Planning Commission Michael P. Gaffron , Planning Director Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (Published in The Laker and The Pioneer newspap ers , October 30, 2004). STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #04-3057, as.mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of October, 2004. 1L~ Denise M. Leskinen RUN DA TE : I 0/1 /2004 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER GERALD A ERICKSON JR NAME/ADDR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 2211723310020 PROP ADDR 590 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER •· ''1E/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 38 2211723310034 PROP ADDR 600 BIG ISLAND OWNER NAME GEORGE L & DONNA L ADAMS TAXPAYER GEORGE L& DONNA LADAMS NAME/ADDR 9581 VIRGINIA AVE BLOOMINGTON MN 55438 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 2211723310001 38 2211723310002 PROP ADDR 550 BIG ISLAND OWNER NAME FAUS FAMILY INVESTMENTS LP TAXPAYER FAUS FAMILY INVESTMENTS LP NAME/ADDR 3810 YORK AVES MPLS MN 55410 38 22117233 I 0029 PROP ADDR 570 BIG ISLAND OWNER NAME JODIE R VARGAS ET AL TAXPAYER SELDEN THOMPSON ROBB JR NAME/ADDR 5010 MANITOU RD EXCELSIOR MN 55331 PROP ADDR 560 BIG ISLAND OWNER NAME DON HENDERSON ET AL TAXPAYER DON HENDERSON NAME/ADDR 5018 NORMANDALECT MPLS MN 55436 38 2211723310031 PROP ADDR 580 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER NAME/ADDR 14601 ATRIUM WAY#324 MINNETONKA MN 55345 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 TAXPAYER SERVICES DEPAR1MENT, TO THE BEST OFMYKNOWLEDGEANDBELIEF. /· _ y , · ·-2~t0 DATE a /-O BY .1 :;'.'c'.-1 ,:/{..u,.t-t,. / ) ('.::::; 1fl/t~ .. If lf \.\.{.ih• ~·i '4} CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 18, 2004, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. #04-3042 2 . #04-3052 ,, .J. #04-3053 4. #04-3054 5. #04-3055 6. #04-3056 7 . #04-3057 8. #04-3058 9. #04-3059 10 . #04-3060 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd, LR-lB zoning district, requests an after-the-fact conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence. Eric Vogstrom, 2618 Casco Point Road, LR-1 C zoning district, requests a side street setback variance to permit construction of a new principal residence to be located 1 0' from platted right-of-way when 15' is normally required and a hardcover variance within the 75'-250 ' zone to pe1mit 58% hardcover when 25% is normally allowed. Bart and Betsy Butzer, 2625 North Shore Drive, LR -lA zoning district, request a lake setback variance in order to construct a dormer over the existing structure located within 75' of the OHWL of Lake Minnetonka. Jon and Gail Blackstone, 4475 Forest Lake Landing, LR -lB zoning district, request lot width variance in order to construct a new residence on an existing lot and a variance to permit an accessory building to be located nearer the street or front lot line than the principal structure. Dr. Martha Spencer, 1005 Willow Drive S, RR-lB zoning district, requests a hardcover variance for the 0-75' lake setback zone in order to construct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. Dennis V. and Evelyn N. Bruce, 3435 Livingston Avenue, LR-IC zoning district, request a variance to permit an accessory building to be located nearer the street or front lot line than the principal structure . Don Henderson, 560 Big Island, RS zoning district, requests a lot area variance to permit construction of a seasonal cabin on a lot 3.33 acres in size when 5 acres is normally required. Timothy Zwart, 3970 North Shore Drive, LR-IC zoning district, requests a lot area, lot width, and hardcover variance for the 75'-250' zone in order to construct a new residence on an existing lot. James Render, 1335 Tonkawa Road, LR -IC zoning district, requests a conditional use permit in order to construct a cupola with a peak height of 42.5 feet. Michael and Donna Ebertz, 1220 Tonkawa Road, LR-lB zoning district, 11. #04-3061 12. #04-3062 13. #04-3063 request an after-the-fact conditional use permit and hardcover variance for the 0-75' zone to permit land alternations and boulder walls within 7 5' of the OHWL of Lake Minnetonka. Gary Hansen on behalf of Bill and Robin Grierson, 1989 Fagerness Point Road, LR-1 C zoning district, request hardcover variances for the 0-75' and 75'-250' lake setback zones in order to construct an addition. John Tenance Homes LLC, 26X:X Kelley Parkway (Outlot E, Stone bay), PUD zoning, requests a final plat and PUD site plan amendment for construction of a 62-unit condominium building. WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zoning district, requests a conditional use permit amendment in order to install additional lighting in the parking lot. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by October 11, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission To be published the week of October 3, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navane Post Office 2 o· 0~ J\.i-0 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION October 4, 2004 Michael N. Palm 5034 Bruce Place Edina, MN 55424 SUBJECT: Zoning Application #04-3057 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your application for a variance for property located at 560 Big Island. Below is a list of items the City of Orono is requesting to complete our review: • A certified property owners list, mailing labels, and plat map of all property owners within 150' of your property. You can request these items from the Hennepin County Department of Finance at (612) 348-5910. This information is required by Thursday, October)J.,.2004 by the end of the day in order to meet the notification deadline. 1 • Primary and alternate, 5 bedroom septic site locations including percolation tests. This information is required by Tuesday, October 12, 2004 at 12 NOON. Application #04-3057 is incomplete. If you wish to proceed with your application please submit the items requested above by the dates noted to remain on the October 18, 2004 Planning Commission agenda. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono Janice Gundlach City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 Affidavit of Publicat1un State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the req~i_re- ments constituting qualifications as a qual1f1ed newspaper, as provided by Minnesota Statute 331 A .02, 33IA .07, and other applicable laws, as amended . B.) The printed1_'l>-2......:0:__:b:_\:_,·_.:c~_h_~_-_r __ ·i ~-c-- 0--1,0 s ' which is attached was cut from the columns of said newspaper, and wfs printed and pu_blished o~ce each week for · successive weeks. It was first published Saturday, the 2 day of O c.--\-- and ~thereafter printed and published every Saturday, to and including Saturday, 20 oc1· t .. ,. f_...,., v~•,:;-, --~·,,-.., ,,.,,__..,-.........., . ...._ •• ~.,:-... ,".>·a .•.; .;t" S'V f •-< ~ i:i Y C '"J :,.,:,,·i. t~_.,,,.i;t:S ·. --'.:. 0 • • • Subscribed and sworn to me on this O 1 --\- 2-day of O c.+-, 2 □--- LEGAL NO.TICE _ requests a lot area variance to permit con- CITY OF ORONO st/uction of a seasonal cabin on a lot 3.33 . 2750 Kelley)>arkway, P.O. B~x 6fl _ acres In size when 5 acres 'is normally . ;. · ,.,.Crystal Bay, MN 55323 ·:. required ... : ... f'hone· (952) 249:4600 ~Fax · (952) 24§:.-t~-:-. .. ' r · :ik -,_~;>., ::-,,, ~, -~~.1s ;;:/_;. • <.J,,:'';,,j~Dt ~ · :8. #_04;-3058 i:,rn.othy zw~~t , ; _-;., .. ,:•" . · _ ., _, ':': .. _ .. ·· _, -::~---.~ 3970 North Shore Drive, LR: 7 1C 'zoning - .. · ... ::";NCJTICE ,OF PUB~rc· HEAl'll~G " , , , . ,district, requests a lot area, lot width , and,' .,. ., " ·-· .. _ .• · .. , · _ _--. -_ _. ,. ~---,. ·, hardcover variance for the 75'-250' zone Ttie . Plannmg Cb mmissmn w1!1 hold · in order to construct a riew · reside.nee· on . :: public heari'ngs in · the . b~ono . 'Council · an existing lot. . · _:Charnl:ie'rs · at 2780, Kelley .Parkway .on /,:Monday, October · rn ;. 2004, beginning .at 1 • o:tiO p.rir orHhe matter ·ot reviewing the; following ·1and use ·applications : ·. · 1-: . #04-3942 .P)llar Homes_ .on 9. · #04-305~;. James , Render, _ 1335 Tonkawa Road, LR -1c; zoning a,s- tnct; requests a conditional use permit ,n order to construct a -cupola . with a peak height of 42:5 feet.. behalf of Roger & Carol Rovick, ·1525 Sohns Point Rd ,' · 10. · #04-3060 · .Mich·ael ' ,and · r LR -1 B -zonimg district, requests an Donna ·Ebertz, 1220 Tonkawa Road, LR -. after-the-fact oonditio[lal -use ·permit _ for .. i'1-B zoning district, req4est an . after-the- 1 grading and fill in' excess 9f 500 cubic . . fact concjiti.onal use permit and hardcover yards in conjunction ·With the constru ction , · Yifriance for ·the 0-75 ''zone to ·permit lahd of a. new residerice. ·, '· ·alternations and boulder walls within 7 5'·of, " 0 the-OHWL of -Lake Minneiorika... · .f\l :-•. I • -, v-:f. ... , :--. . . . ., '' -~=-· 11. • · #04-3061 · Gary ' Hansen on·'" behalf of Bill and Robin Grierson , 1989 'Fagerness· ·Point Road , tR -1 C · zoning district, request hardcover variances •for the ·0-75 ' and 75'-250' lake setback zones . in order. to const(uct 1:1n acicjition. , · 2 .. -#04-3052 Eric .;_. Vogstrorn, 1 2618 Casco -Point Road, LR -1 C zoning aistrict, reqiiesis a side · street setback 1 variance to permit construction of a new I principal residence to be located 1 O' from platted right-of-way whe,n 15' is ·normally required ·and a hardcover .variance within the· 75 ' -250 ' zone to permit 58% hardcov- 1. er When 25 :o·_is normall_y __ all.owed . .,: · .. ;. '. 1'2 . · #04-3062 ·John Terrance Hornes !:,_LC, 26XX Kelley Parkway_(Outlot r 3: --. #04-3053 'Bart and Betsy -E,-9tqnebay); ·PUD zoning, requests a- Butzer, 2625 North Shore Drive , LR -1 A ,final' plat ani:i PUD site ·plan amendment -zoning district, .. request a lake setback for construction of a -62-unit corii:lorniniurn I variance in order. to construct ,a dormer . buildin£!, . -. '· 1 over ttie existing structure locate□ within '75 '.of the 0 0HWL ·at.Lake Minnetonka . · ·13 .. ,#04-3063 WJM · P;opertieis , 4. /#04-3054 Jon and .. Gsiil 1 Black$tor:ie , 4475 Forest Lake Landing , / LR -J 13 'zoning district, request lot width variance· i~.order to const(uct·a riew resi:-· r dence on an existing lot and-a variance -to permit ah access_ory buil.ding'.to be .located ·nearer the strnet or front -lot line than the 'principal stFU ~ture. . LLC, -2605 West Wayzata Boulevard, Industrial zoning district, \-i.iquests a condi- tjqnal -use .permit ameni:lment iri' ·.order to · install addition?I lighting in the parking lot. ,. ··All persons wishing to be h~ard are' encouraged to attend ttiis meeting. Written .comments are acc.epied and should_ be . submitted to the City of Orono 5. #04,3055 Dr. Martha · by October 11 , :2004. ',!"fans are · available -Spencer,'·1005 Wi[loi,y Drive S; RR 7 1B •for .ri,view in the City Offices. For an zoning district, ,requests a hardcover vari'-• " appoint\ne'nt, please call -(952) 249•4600. ... ance for th·e 0-75';llake -setbacl<'°:wne .in.:·, ·. .. '· · ·. '·. . . , order to constru~t patios, walkways , and.a ' ·City of Oron~" ' gazebo 1Yithin 75 ' of the OHWL of Fren ch By : 'p1anni~g Commission · Lake. -' · · · '· -: " · j O ·_Jr,-17 -If r-I ' 6. '1f04-3056 Den~is "v..'i' ~~d ; 'Mibhael P. Gal'fron ;.Planning J;)ire6tor -•::it By: ~ (11:) ,{_X~ C4 .. ~., 01 Evelyn N. Bruce, 3435 Livingston A\/enue, . ----LR ·_ 1 C · zoAirig district,. request a vari-" Posted at'. Orono City Offices Notary Public / ·ance to .pelT(lit an acc'essory building to be · Crystal Hay Post ,Office ' located nearer the street or front lot line · . Lo_ng Lake Post Office Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $1 _5.50. (3) Rate actually charged for ab~ve matter: $7.80 per mch. Each additional successive week: $5.40. .than the principaJ structure. _Navarre PosfOffice . · . \ . ' . ' 7. #04-3057 Don Henderson , 560_ Big Island , RS . zoning district,· .(Published in The Laker and ;rhe Pioneer newspapers, October 2, 2004) . . ' ,• . City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55322~~066 Application # Q lJ-3 05 7 Date Received: "1'/2) Amount Paid: Jl..---:'-hbr-=o-. o-=---:=:o--- Staff : JAN J Gt Fee: $600 ---:-:----------Renew a I: $300 --------A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Api:·:cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 5k() ''n b T~JC) Property Identification Number (PIN): '27-I\]-23--3 J -0002 (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): . □ Yes, I own the adjact:;17t parcels. Pre~ent ~se_of prgJ?erty: □ R,esidential AOther VA.f J\7...,,.,r::j_Jp--.,D Zoning District: ":-€PcoNb Vt.co~;,.__;; a:-:-:es and marital status required for each interested party) Name: Phone (home): Address: Email: Fax: --.....L.l!~~...::.....,""""'=~~~-"L:..L....l't-l~~~~ OWNEFµN.c~~MATION: Name: '-zjc:fv.-~..,r ames a:-:d marital status required for each interested party) Phone (home): Address: Qt.rz..t_.J:'73L-.'.~~~~~~~~===::J,,,;:~~~::__ _____ L ________ _ Email: d a tr. i i./4 vb@., et~. b.e::t= " l Fax: DESCRIPTION OF REQUEST: $ ----Descri REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. re-Application Meeting Form, completed by a City Planner. ompleted Application Form Completed Hardship Documentation Form Certified Property Owners List -owners within 150' of the subject property, labels and plat map. ist, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-591 O Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or , ,_,./11" x 17" for reproduction. ~ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardles:!f its potential merit. Applicant's Signature: jjj}_QQ/44 DJ\ Date: cr/21 I Of Applicant's Signature:" Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Ct)~ ~., ~ Date: Owner's Signature: Date: ------------------ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: For Office Use Only: 2750 Kelley Parkway Orono, MN 55356 P.O. Box 66 Crystal Bay, MN 55323-0066 City Planner: JAN I U: _--=...:,_--,:----,----,,------ Main: 952-249-4600 Fax: 952-249-4616 Meeting Date/Time: PC Date: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: Property Identification Numbe PIN): 2,'l-//1-Z~-3/-000 '-" Zoning District: ___,R-S'--=-. ___ Size of Property: X I. l/ ttcr ✓,:S drti . . X :3, 33 t?Lr l.. $ ~ fi!t,,l DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Hardcover □ Lot Coverage □ Other: □ Rear Yard Setback ~otArea □ Front Yard Setback □ Lot Width Applicant's~ {;). HARDSHIP: Applicant has received the Hardship Documentation Form, Initials:/~ understands it as it has been explained to them, and is aware that it must , ✓ ' be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will e completed by City staff. Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. 3. 4. "The property in question cannot be put to a reasonable use if used under con~itions· .. •lie"""' by the off~. trols." • . . . . ~L, ~fr ?t ~~ ~~ ~-t =11§0=;}21 . . ·i:-=-Lf==~ "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 7Ttm.e: m~ 'l\\,.> fuNOM-\~ \.bn.,os\-\:1 \?S 5. 6. 7. 8. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this ~P::r." • . trr {),pf'tLJV?,i,;£ "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where, ffected person's land is located." "The Board or Council one-family dwelling as a the temporary use of a 9. "The conditions do not apply generally to other land or structures in the district in 10. 11. which said land is locat~ .~ J-,1 "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Page 3 of 3 12. L l ;\ o·-·r · ~ v~ v~,,-~-o. ..... )o~,-::q CY+: Tl\£ Ser.:: {~ <jGrf'>)\;C .Atwcos mL 71L OAo<,, AWWJ~\ro-X . Hardship Statement (?e;\.\ 5=rrt0~?0i'9 ~ Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): HA~R CALCULATION WORKSl-'"'ET SETBACK ZONE: (CIRCLE ONE) .,-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE House 1ifi $ ~ S.F. A X = Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. S.F. A ··~ d;;) S.F. B B ·9 X 100 = % PROPOSEDHARDCOVFRINZONE A House 4o X 21:.2 = { 2,(~)0 S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE Co3oeo 12.oa S.F. A TOTAL PROPERTY AREA IN ZONE .1;5$.85(;> -::ZS.F. B A j2-e>O B X 100 % ..,. = s:::·o HARDCOVER ORDINANr-r=: -In 1975, the Orono City Council --1opted an ordinance limiting the percentage of lot area thaL _dn be covered with impervious sun ..... ..;e ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Hardcover includes: Allowed Percentages: 0-75 0% ✓ Roofs, 75-250' 25% ✓ Sidewalks, 250-500' 30% ✓ Paved or gravel driveways, 500-1000' 35% ✓ Patios & decks (includes slatted decks), ✓ Tops of retaining walls & rock walls, ✓ Decorative landscape areas underlain by plastic sheeting or fabric, or ✓ Any other surface that does not allow direct absorption of rainfall into the mound. INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of-hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! DATA 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 your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application'2ermit. m~L-N,e,,~ ,~ First ,-. ,~ M~le Last -003~ Bei;l'.L VtAc-f: Addres§...- t:::-r~ N:A /)A,J City "s{ate 5542-4 Zip @z) 9:M-D7o/.., Phone Signature Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. · Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The . responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. RUNDATE: 10/1/2004 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER GERALD A ERICKSON JR NAME/ADDR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 2211723310020 PROP ADDR 590 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNE M FIEGER NAMi:;JADDR 14601 ATRlUM WAY#324 MINNETONKA MN 55345 38 2211723310034 PROP ADDR 600 BIG ISLAND OWNER NAME GEORGE L & DONNA L ADAMS TAXPAYER GEORGE L & DONNA L ADAMS NAME/ ADDR 9581 V[RGINIA A VE BLOOMlNGTON MN 55438 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2211723310001 PROP ADDR 550 BIG ISLAND OWNER NAME FAUS FAMILY INVESTMENTS LP TAXPAYER FAUS FAMILY INVESTMENTS LP NAME/ADDR 3810YORKAVES MPLS MN 55410 38 22 11 723310029 PROP ADDR 570 BlG ISLAND OWNER NAME JODIE R VAR GAS ET AL TAXPAYER SELDEN THOMPSON ROBB JR NAME/ADDR 5010 MANITOU RD EXCELSIOR MN 55331 38 2211723310002 PROP ADDR 560 BIG ISLAND OWNER NAME DON HENDERSON ET AL TAXPAYER DON HENDERSON NAME/ADDR 5018 NORMANDALE CT MPLS MN 55436 38 2211723310031 PROP ADDR 580 BIG ISLAND OWNER NAME JUNE M FIEGER TRUSTEE TAXPAYER JUNEM FIEGER NAME/ADDR 14601 ATR1UMWAY#324 MINNETONKA MN 55345 I CERTIFY THAT THE FACTS REPRESENrED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BELIEF. / y - DATE I O -/-O l BY PAGE : 1 i : {{~r -; ~-/;.')9;:1•. ,· ~ 1~) t~, .:,;.~~)·-.,_ -·! ~~$:1" '·'· 4-~""'_-'t tt· -_ w•ej""' Hennepin County Taxpayer Services Department "KITCHEL'S SUBDIVISION OF GOVERNMENT LOTS 5 AND 6 IN SECTION 22 TOWNSHIP 117 RANGE 23" 1 22-117-23-1 SNIDER'S SUBDIVISION OF LOT THREE(3) OF KITCHELS SUBDIVISION OF BIG ISLAND LAKE MINNETONKA (VACATED 49 MISC 393) (1) (1) 7. Parcel Information Parcel ID 2211723310002 House Number 560 Street Name BIG ISLAND ' ' ' ' This is not a legally recorded map . It represents a compilation of information and data from City, County, and State road authorities and other sources. ' ' A (1) ' ' 4ta8 ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' TRACKING SHEET FILE NO. 04-3057 -staff: J c./ SITE ADDRESS: 560 Big Island Applicant: Michael N . Palm Address: 5034 Bruce Place Edina, MN 55424 [Z( Meeting with Staff Owner: Don E. Henderson Address : 5018 Normandale Court Edina, MN 55436 Date: <1 I '1J ~ qi{ □ Application Completed Date:_,~\ ~1 ~---;\_ovf ____ 60 Day: I \1 l J 2 [:)' Incomplete Notice Sent Date: ,o\ 1.--l\ 0'1 Copy of Application Sent to : __ Engineer _ County DNR MCWD LMCD tf Property Owners Notified: Date: 10\$)0~ 1 1\ l5l o!:f □ Legal Notice Published Date: ------- PC Meeting(s): ~ll ........... /l --.-5l ------io1~---Vote: Pf'P fl. 1-0 Vote: ------------------- Vote : ------------------- 1' Notice of PC Action:__.__l l ...... 1+-tl"-+J--'-o-fq-------------- City Council Meeting(s): _\,_,_\+-'\ t:c..._i._{1--'-o_q'-----______ Vote :MPfl. 5-0 Vote: ------------------ Vote: ------------------ □ Resolution: