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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 2201 NOTICE OF COUNCIL ACTION Date of Notice: April 30, 1997 ____________ , __________________________ , ______________________ _ TO: George Adams, M.D. COPIES: 9581 Virginia Ave. Bloomington, MN 55438 Selden Robb cl o Robb Summer home 5010 Manitou Road Excelsior, MN 55331 James Feiger 14601 Atrium Way #324 Minnetonka, MN 55345 --------------------------------------·---- TYPE OF APPLICATION: Right-of-Way Permit -------------------------- DATE OF MEETING: 4/28/97 VOTE: 5 FOR 0 AGAINST --------·------------------------------------ COUNCIL ACTION -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 an interest in the property must sign the resolutions. You must apply for and obtain a septic system permit prior to commencement of construction. (The septic permit application is a separate application from the zoning variance or conditional use application.) Approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of approval or that approval will expire. 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. ch I ' ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28, 1997 (#3) #2201 ADAMS/FIEGER/ROBB, 570/580/590 BIG ISLAND -PERMIT FOR PRIVATE IMPROVEMENTS IN RIGHT-OF-WAY -RESOLUTION NO. 3885 None of the applicants were present. Gaffron explained that three property owners on Big Island, who have adjoining properties separated by a dedicated right-of-way, propose to share a septic system. They initially requested vacation of the right-of-way because part of the replacement septic system was in the right-of- way. Planning Commission did not respond positively to the vacation so the applicants had the site evaluator redesign the system The drainfield is now totally within one of the properties but · they still need a permit to put piping in the right-of-way to connect all three properties to the septic system. Planning Commission recommended approval with conditions noted in the staff memo of April 23, 1997. Kelley moved, Peterson seconded, to adopt Resolution No. 3885 granting a permit for placement of private sewerlines and a section offence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka on Big Island for the owners of property at 570,580 and 590 Big Island. Vote: Ayes 5, nays 0. (#8) #2222 JOSEPH VOCHKO, 2925 CASCO POINT ROAD -CONDITIONAL USE PERMIT The applicant was not present. Goetten moved, Peterson seconded, to table Application #2222 until the applicant is present Ayes 5, nays 0. (#14) SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD -EA W Gaffron explained that the EA W had been distributed and comments have been received. Council must take formal action on the need for an EIS by May 9, 1997. Councilhas two options: 1) postpone the decision on the need for an EIS for up to 30 days to obtain more information; or 2) make a positive declaration requiring that an EIS be_prepared, or a negative · that an EIS is not needed. If Council determines they have all the needed information, they can proceed with the decision on the need for an EIS. A formal documentation of the basis for Council's decision must be ma4e, comparirig the impact that may be reasonably expected to occur with the following criteria: 9 REQUEST FOR COUNCIL ACTION Name Title Administrator Reviewed: Michael P. Gaffron Asst. Planning & Zoning Administrator DATE: April 23, 1997 ITEM NO.: 3 Agenda Section: Zoning Item Description: #2201 George Adams, James Feiger, and S. T. Robb, Jr., 570/580/600 Big Island -Permit Approval for Septic System Improvements in Street Right-of-Way -Resolution List of Exhibits A -Resolution B -Notice of Planning Commission Action 4/23/97 C -Memo and Exhibits of 4/15/97 Summary of Application Applicants originally proposed vacation of right-of-way on Big Island in order to accommodate a proposed three party shared septic system. Planning Commission tabled that request in January, and applicants subsequently revised their proposal so that the drainfield is within the private property boundaries , requiring no vacation; but requiring approval of a permit for installation of private sewer connection pipes within the City right-of-way per Zoning Code Section 10.31, Subd. 5 . Planning Commission Recommendation Please review the memo and exhibits of April 15th. At their April 21st meeting , Planning Commission voted 7-0 to recommend approval of the requested permit, finding that judicious design and placement of the proposed septic system connection lines in the right-of-way will not be detrimental to the public uses served by that right-of-way. Planning Commission's recommendation is to approve the necessary permit for placement of private sewer lines and a section of fence within the right-of-way, the fence being necessary to delineate the boundary of the property and the septic system to avoid errant traffic disturbing the drainfield system . Planning Commission conditioned approval on the following: 1. Applicants shall locate the proposed septic tanks totally within the Robb property. Staff must approve fence location and construction on the site. Request for Council Action continued Page 2 of 2 April 23, 1997 Zoning File #2201 2. All three property owners shall execute a hold harmless agreement regarding private facilities in the right-of-way. 3. Approval of the septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff. 4. Applicants to work with City to establish a piping design and layout that minimizes the risk of damage to the piping to be located in the right-of-way. 5. The vacation application is considered as withdrawn. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. The attached resolution will act as the permit required by Section 10.31, Subd. 5. COUNCIL ACTION REQUESTED: Adopt the attached resolution. Proposed Motion: Moved by ____ , seconded by ____ , to adopt Resolution No. __ , granting a permit for placement of private sewer lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka on Big Island for the owners of property at 570, 580 and 600 Big Island. Vote: -----"=---ayes,-----""""-----nays. ch A RESOLUTION GRANTING A PERMIT FOR PLACEMENT OF PRIVATE IMPROVEMENTS IN THE DEDICATED RIGHT-OF-WAY WITHIN THE PLAT OF PLEASANT VIEW LAKE MINNETONKA, FILE #2201 WHEREAS, Orono Municipal Zoning Code Section 10.31, Subd. 5 requires that any person altering, improving or using for private purposes any platted public right-of-way, any platted public park, or any other property by the City on Big Island, shall first obtain a permit from the City Council; and WHEREAS, S. T. Robb, Jr., owner of 570 Big Island (PINS# 22-117-23 31 0029); James Feiger, owner of 580 and 590 Big Island (PINS #s 22-117-23 31 0020 and 0031 ), and George Adams, owner of 600 Big Island (PINS# 22-117-23 31 0034), have jointly applied for a permit to place private septic system connection lines and a section of fence in the right- of-way dedicated within the plat of Pleasant View Lake Minnetonka, Big Island; and WHEREAS, the Orono Planning Commission on April 21, 1997 reviewed the permit request and recommended conditional approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby grants a permit to S. T. Robb, Jr., owner of 570 Big Island; James Feiger, owner of 580 and 590 Big Island; and George Adams, owner of 600 Big Island, for placement of private septic system connection lines and a section of fence in the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, subject to the following conditions and limitations: 1. Applicants shall locate the proposed septic tanks totally within the Robb property. 2. City staff shall approve the location and construction of the fence to be placed in the right-of-way. Page 1 of 4 3. Applicants shall, prior to placement of improvements within the right-of-way, execute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicants or their invitees. 4. Approval of the shared septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff. 5. Applicants shall work with City staff to establish a piping design and layout that minimizes the risk of damage to the piping to be located in the right-of-way. 6. The applicants acknowledge that placement of septic system connection pipes within the dedicated right-of-way is at their own risk. 7. This permit does not grant or vest any property rights to use of the public right- of-way or other public property or in any improvements made thereto. This permit shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittees at least thirty days prior to the anniversary date (the permittees need take no action for the automatic renewal to occur). 8. Authority granted by this resolution runs with the property not with the individual owners, but is permissive only and must be exercised by application for a septic system construction permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (April 28, 1998). 9. 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. Page 2 of 4 10. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the respective properties. Adopted by the Orono City Council on this 28th day of April, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ----------------- ZONING FILE #2201 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 23, 1997 --------------------- TO: George Adams, M.D. 9581 Virginia Avenue Bloomington, MN 55438 COPIES TO: Selden Robb c/o Robb Summerhome 5010 Manitou Road Excelsior, MN 55331 James Feiger 14601 Atrium Way #324 Minnetonka, MN 55345 ------------------------------------------------------------ TYPE OF APPLICATION: Right-of-Way Permit ---------------------------------------------- DATE OF MEETING: 4/21/97 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: Planning Commission recommends approval of the necessary permit for placement of private sewer lines and a section of fence within the right-of-way, subject to the following conditions: 1. Applicants shall locate the proposed septic tanks totally within the Robb property. Staff must approve fence location and construction on the site. 2. All three property owners shall execute a hold harmless agreement regarding private facilities in the right-of-way. 3. Approval of the septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff. 4. Applicants to work with City to establish a piping design and layout that minimizes the risk of damage to the piping to be located in the right-of-way. 5. The vacation application is considered as withdrawn. Applicants' next scheduled meeting is confirmed as: City Council Monday, April 28, 1997, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch To: From: Date: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator April 15, 1997 Subject: #2201 George Adams, James Fieger and S. T. Robb, Jr., 570, 580 and 590 Big Island -Revised Request -Approval for Septic System Improvements in Street Right-of-Way -Continuation of Public Hearing Summary of Application: Applicants originally proposed vacation of portions of right-of-way dedicated within the plat of Pleasant View Lake Minnetonka. This was reviewed by Planning Commission on January 21, 1997, and tabled to allow applicants to research further options for maintaining access to adjacent properties. Applicants subsequently had their site evaluator do additional investigation, and their proposed shared septic system has been redesigned so that the drainfield is totally within the existing property boundaries. This no longer requires a vacation of the right-of-way, but does require approval of a permit for installation of private sewer connection pipes within the City right-of- way per Zoning Code Section 10.31, Subd. 5. List of Exhibits A -Section 10.31, Subd. 5 B -Letter of Request 3/25/97 C -Revised Septic System Site Evaluation Excerpts D -Planning Commission Minutes 1/21/97 E -Letters Received from Neighboring Property Owners Since January Meeting F -Memo and Exhibits of 1/7/97 Discussion Applicants initially proposed to vacate portions of right-of-way to accommodate a new drainfield within the right-of-way. The proposed vacation raised concerns about future access to the adjacent property to the east, as well as general access to the northerly portions of the island. Planning Commission and staff suggested that a minor vacation of right-of-way near the drainfield area might be appropriate in conjunction with acquiring additional property from the large landholder to the northeast, in order to maintain suitable legal access to the lakeshore property directly east of the drainfield site. Absent a positive response from the owner of the adjacent land needed for access, applicants had their site evaluator do further investigation, and he was able to redesign the system so that the drainfield trenches will not extend outside the Robb property. #2201 George Adams, James Fieger and S. T. Robb, Jr., 570, 580 and 590 Big Island April 15, 1997 Page 2 As a result, there is no further need for the vacation. However, because piping connecting the three cabins to the single shared septic system will be located within the right-of-way, a permit is required per Section 10.31, Subd. 5. Further, because the trenches will be right up to the right-of-way (which is not marked or clearly delineated) it would be appropriate to allow applicants to place a split rail or similar open-style fence 2-3 feet into the right-of-way to protect the trenches from errant public traffic. It would appear that public use of the right-of-way will be not limited by approval of the requested permit, since the piping will be buried and no facilities other than piping and a fence will be located in the right-of-way. Staff would recommend that the two 1,000 gallon proposed tanks be located entirely within the Robb property rather than having a portion of the first tank partially within the right-of-way. The likelihood of damage to the private sewer lines is minimal. However, it would be appropriate that the applicants execute a hold harmless agreement, holding the City and the public harmless for any damage that occurs to such piping as a result of public use of the right-of-way. As a shared system, the septic system will be subject to easements granted between property owners, as well as maintenance agreements similar to those established for the shared septic system installed a few years ago just to the west of these three properties. It should be noted that applicants were advised to explore the option of holding tanks. In staffs opinion, the proposed shared septic tank-drainfield system is far superior to holding tanks for the long-term. The site evaluator's report notes that the tanks will require some administrative setback variances, which staff will approve. Finally, it should be noted that this system is designed to serve a seasonal cabin-type use, and should not be construed as having the capability to serve year-round full-time occupancy of these cabins. Staff Recommendation Staff recommends approval of the necessary permit for placement of private sewer lines and a section of fence within the right-of-way, subject to the following conditions: 1. Applicants shall locate the proposed septic tanks totally within the Robb property. Staff must approve fence location and construction on the site. 2. All three property owners shall execute a hold harmless agreement regarding private facilities in the right-of-way. 3. Approval of the septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff. #2201 George Adams, James Fieger and S. T. Robb, Jr., 570, 580 and 590 Big Island April 15, 1997 Page 3 4. The vacation application is considered as withdrawn. Options for Action 1. Recommend approval per staff recommendation. 2. Recommend approval with additional or revised conditions. 3. Table for further information or revision, giving applicant specific direction. 4. Recommend denial (state reasons). 5. Other. lsv A - § 10.31 E. Pr~vat~ swimming pools, tennis courts, paddocks or athletic fields or \equipment. .;, F. Not \.more than two toilet buildings JJ"'i: outhouses which shall conform in \,1-ocation and design to the rMuirements of Subdivision 12 of this Section. ,,,/' ' / G. Ten ts or other temper ary stfAJ.c ture s to be in place not more than 180 day\ in any one year. /.,/' H. Open wood\,pr gravel-fill1e·c{ steps, stairways or walkways on lakeshore hills 61r embankmenJts, limited to not more than four feet wide at any poi:i;it within/75 feet of the shoreline. Concrete or other solid mater i'als sha11 constitute hardcover and are prohibited. \ \'i. .,/ I. Lake water pu~~houses which may be within 75 feet of the shoreline if limited. t.0\,20 square feet or less in area and five feet or less in heig~t, a~d subject to all applicable permits for such use. \ J. Firer ings or barbequ'et pi ts. K. Garden~; gardening d\ other horticultural uses including apiaries and g.ecora tive landsca)R,ing. ·, / \ L. F~,nces not to exceed 42 l\nches in height, and no part of which may 9,e( located within 75 feet 6-+ the shoreline. / ' ~t Retaining walls, not to ~~ceed 42 inches in height, and n7/part of which may be located wit,tiin 75 feet of the shoreline. / \, N. Home occupations pursuant to Section 10.20, Subdivisi 4, Subparagraph C. o. New boathouses within 75 feet of the shoreline are specifically prohibited. Subd. 5. Permit For Private Improvements Within Public Rights-of-Way. It is unlawful for any person to alter, improve or use for private purposes any platted public right-of-way, any platted public park, or any other property owned by the City without first obtaining a permit from the Council, as follows: A. Inland Property Access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right- of-way for such purpose. The permit applicant shall demonstrate and the Council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The Council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. ORONO CC 311 (4-1-84) § 10.31 Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. B. Land Alterations. Grading or physical alteration of any platted public right-of-way for any purpose including inland property access is prohibited except when such work has been specifically authorized as part of a permit issued by the Council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from City staff, land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. Source: Ordinance 47, 2nd Series Adopted: 2-22-88. C. Dockage on Right-of-Way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose including inland property access is prohibited except when such dock has been specifically authorized as part of a permit issued by the-Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. The Council may establish reasonable standards or requirements in approving any such dock permit. D. Encroachments Prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the City except as specifically authorized by a permit issued under this Subdivision. E. Permit Exceptions. No permit shall be required for any person to walk on or over ani platted public right-of-way or any platted public park when such use is made without altering the natura 1 state of the land. No permit shal 1 be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. ORONO CC 312 (4-1-84) I \ § 10.31 F. Public Use Limited. Any permit issued under this Subdivision shall be deemed to open the platted public right- of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. § 10. 31 G. Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. I. Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the l outside boundaries of the land in question. Failure of the ; property owners to receive notice shall not invalidate the j proceedings. At the public hearing, the Planning Commission or the 4 Council shall review the application and the statements and f drawings submitted therewith and shall receive pertinent evidence 9 concerning the proposed use and the proposed conditions under which \ it would be op_erated O.E.._~aintained. . '"'""""·~J -·, s ubd. 6. tf\ t ~:-;:~:;---~· ~e ts. ~~-:~s" Seasonal Recreational' istrict, no new lot or parcel shall be created less than 5.0 acr s in dry build le lot area exclusive of any designated wetlands. Within any }RS" Seasonal Recreational District, the following pro is ions shall govern the buildabili ty, use and/or subdivision of ea exist,lng record lot as defined and identified therein: ,/ ,, . . A. Record Lot De l~i tion. For purposes of the "RS" Seasonal Recreational District,/ a "record lot" shall mean all the contiguous or abutting land~ned 'n common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur therea1 •ter, in ~ding one or more separately platted lots or unplatteji parcels f land, and/or one or more separately identified;~ax parcels Because of the unique circumstances and actua~, use patterns ex'sting on the islands, also included within the definition of a "reco~d lot" is commonly-owned land. that is contiguou·s except for being se1~arated only by platted ,/ "' / " ,,/ ORONO CC ./ 313 ( 4-1-84) March 25, 1997 MEMORANDUM TO: Stephen Weckman On-Site Systems Manager Mike Gaffron Assistant Planning and Zoning Administrator FROM: George L. Adams, M.D. RE: Proposed septic system in platted right-of-way MAR 2 7 1997 I would like to request some time on the Monday, April 21, 1997 City Council meeting to present a new plan of the septic system for the Big Island property. Copies of the new plan have been forwarded to Mr. Weckman. Thank you. GLA/jsp 11~ .-:-+-c-= S-P TESTING, INC. Steven B. Schirmers • MPCA Cert.No. 627 951 Katydid Lane NE• St. Michael, MN 55376 • (612) 497-3566 FAX (612) 497-5011 State License #394 Revised March 18, 1997 October 28, 1996 George Adams 600 Big Island Tom Robb 570 Big Island Jim Figger 580 Big Island Orono, Henn. Co., MN MAR 2 O~ 1997; A site evaluation was completed on these properties for the existing on-site sewage treatment systems supporting the existing cabins. The existing systems are classified as failing due to not meeting the 3' separation from the saturated soil (mottled soil) or lack of system. The existing tanks are old, either metal or block type and will need to be abandoned, pumped and filled with soil. A new system will need to be installed. This on-site sewage treatment cluster system is designed for a Type 3, 3 bedroom 218 gal/day each cabin totaling 654 gal/day, in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. An easement agreement will be required by the city. The agreement will require a maintenance schedule for maintaining the tanks, and shared electrical costs, etc. A water meter will need to be installed in each cabin to monitor the daily water use and to be recorded with the property. The system will be 5' from the property line and up to the road easement, this will need approval from the city. Approval will also be needed for a tank to be 5' from the Robb cabin to stay out of a low area. The soils on this site are SGS soils mapped -HbC -Hayden loam. The seasonally saturated soils were located at 5'10". The bottom of the treatment area must be located at least 3' above the seasonally saturated soils. A standard gravelless 1 O" diameter trench system may be installed. The soils at a depth of 30" have a percolation rate averaging 10.4 mpi. 1 Due to the system being sized for 1.27sq.ft. (perc rate 10.4) low water use facilities will need to be installed in all three properties. If water softners are used, they must be diverted either to the ground surface (not the lake) or install approximately 50 lin.ft. of gravelless trench. The new tanks may be plastic but must be heavy duty due to the high water table, see the site plan for the location. A pumping chamber will need to be installed to lift the septic effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump failure. An exterior device will need to be installed. All neighboring wells are located greater than 100' away from the proposed treatment area and 50' away on this site (deep well). Approval will be needed to be 50' away from a well with a tank at the Robb cabin. Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the system will need to be relocated if failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than gray water (laundry, showers, etc.) should be disposed of into the septic tanks. Garbage disposals are not recommended, due to adding more solids & fine solids passing through to the system. Excessive amounts of soaps, cleaning agents & chlorine agents may kill the bacteria needed to treat septic effluent. Additives are not recommended. Recommend to pump & clean your tanks through the manhole by a certified pumper every 2 years. Check with your pumper to set up a schedule. ~ S.SL__ Steven B. Schirmers 2 I ~ 0 '31 lo0 1 ~ "'¾'o.~ ·:-1: -:\'P~ ~i--·-·-··-·-· ~ . ~ "" _41'-••.• V I ' -"'t:'6 , G,-,.;,;ic,t-llo', '>'9~.b f;I "1\\'l.l', ~ ~,._~,rl '-, -..i,il • ;,~ 7-• LOvJ -146,9,- ~y -y-,i4J.(~ L ''-"''"' I ~'I:':. --;,.;.,.---~~ / ~ X 9<;"4.~ ~lo' ,l 24' 4 ... EL . ._¾ _____________ ..J.~-~-0~7_1 __ I ;11:-q,,;,,._ I I , ·;:J q5-1.1} b 'S :;,, -,~ .. - ~\◄~.o ~1~ <.~4'' ~(~ -l.'i'/-' ·, \ \ -~~- ·!. f<1-;s-l'·,r-1_ b~\. "'\ C."-t,t'l,j 0~ ' "-S7'-~ '· ~1.\.. I.I~ ~Al..i.-14~AY'{ -?"G.0Y't",.,...~ o~ o~ ~ '?'?o'T"OS~ ~\IV\~-(° ~? 'i&~~ ·+~~ u,~~~C"flo,..\. ---------·--·--· .. \...,OW '\"?O~O';,~ r>.:> '1/Y'r'i' ) },)-\_, '-111\W1"c"V';!. \).S.O';r,I L.ov.J -1$-M ·. \..1:1..':f:'.'? ¥'--:-. S"'i:;::( ~"",;.::-5) Percolation Tests ~Soil Borings Scale: r111-S'O' \..U\.!.G-Ml}:\~,-y<O')..\¥,A Wrr:5"f:t§,WG''I;> ":v\'.';;>::f, ".)-:l.~-'.2 k 'f:.\.--:P-"l,3(.... © Benet: Mork Note: This system is to be constructed to meet the Minneso10 Pollution Control Agency Chapter 7080 & Local Ordinance Note Check all underground utilities I ...r, -.9, .,,. -I J j\ I 5i / I ) \ \ / i \ :r i-r< j c- -;:( ) "' ''),.,:' ,t,. -' ~ .) ~ ~ :5./ 0 G"'" V I ~l w/ l ' ~ ) ;-~ i\, lJ.J • ~ 1 0 -?" -4 z .) 1 ~ -, ..... } -j. ~ . p --;;:; • 0 ~ ~ ~ \) \l- LU )L ~ ...J PROPERTY OF :_j_ 4) l\"vA:M S , £ ' '$IL:. j:.S\..-'A):...\' S-PTE Designed By: t;?LR_ Oo:e · J.Q./-:!;)/7J.-; ~ MINUTES OF THE ORONO PLA.i~~G COMMISSION MEETING HELD ON JA."J\fUARY 21, 1997 (#1) 7:00 P.M. -#2201, GEORGE ADAlVIS, JAl\1ES FIEGER AND S .T. ROBB, JR, 570,580,590, A.ND 600 BIG ISLA.ND-VACATION OF UNIMPROVED RIGHT-OF-\VAY 7:10-7:47 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. '1-1~ ' Gaffron reported that the application was a request for a vacation of the dedicated portion of right-of-way of the Pleasant View plat of 1888 due to the need for upgrading of septic systems . The applicants have met together to obtain a suitable location for a combination septic. Gaffron informed them that the City is appreciative of these efforts. He noted the property locations as well as the platted right-of-\vay to the east and west and park property. The park is an unimproved City park that is designated as park property only . The location found to be acceptable for the septic systems is in the right-of-way . Gaffron suggested vacating be made of only a portion of the right-of-way and a rededicating of the - an adjacent portion but noted this would interfere with the access to the Henderson property. The Staff memo also refers to the need for vehicular access for the properties to the rear due to the high elevations. Gaffron said the Staff recommendation is for denial of the comprehensive vacation but request applicants to accommodate the septic in one area and enlist the assistance of adjacent property owner Erickson for legal access to the Henderson property. Gaffron noted the number of letters received from neighbors and utilities regarding the vacation . The letter writers are not in favor of the vacation . Adams reported that the access road utilized by the property owners and is located between the Robb property, and it extends to and crosses over the Fieger property. He stated the park property is mainly under water all summer long . Adams said the area is completely forested and would not enable a fire engine to cross. The area to the east is mainly swamp . Fieger said the applicants have never asked for the vacation of the entire "T" area but only the area on the right side (east) which affects his own property. Fieger said he is willing to make a shift in his property line to allow the other properties to continue crossing to gain access to their properties. He noted lot 22 is under water, adding he also owns lots 23 and 24. Adams and Fieger have owned their properties 20 years and Robb 40 years ( owner oflots 19, 20, and 2 I). Fieger informed the Commission that the only suitable soils found for the septic is the location noted . 2 MINUTES OF THE ORONO PLANNING COM1v11SSION MEETING HELD ON JANUARY 21, 1997 (#1 -#2201 Vacation of Unimproved Right-of-Way -Big Island -Continued) Adams reported that the plans have cost the applicants $3,200. The applicants asked the septic tester to come up with the best plan for accommodating their septic systems, regardless if the outcome is one combined system or three individual ones. The current systems are non-conforming but are not polluting the ground. He noted that the compliance for these seasonal dwellings is the same as that required by year-round homes resulting in an astronomical cost for 10 weeks of use each year. Adams says the best recommendation would allow for a truck to stay in a barge and pump out the systems. He added that there is no access to the properties to the rear. Robb noted where the utilities were located. McMillan inquired of the property owner to the east of the Robb property. It is noted to be quite heavily wooded. Adams said alot of the property is under water and there is only a limited area for building on. Gaffron informed the applicants that if the small triangular portion was vacated and the road replatted further north, there would be a need to gain a small piece of land from Mr. Erickson to allow access to the Henderson property. Gaffron questioned whether the City should give up 33' in exchange for 1 O'. Smith asked if there was the ability for the septic location to be pulled back in toward their properties. Adams said the drainage would then flow toward the Henderson property. There is also a hill on the other area, and the septic needs to slope toward their properties and not others. Smith asked what effect the change in right-of-way would have on public access. Gaffron said the accommodation could be made but an agreement would have to be reached v.r:ith Erickson for the Henderson access plus an agreement for utility easement. Hawn inquired ifNSP would require an agreement. It was noted that the utility comes in underground to the first pole to the transformer. Adams said NSP uses his dock to gain access. During public comments, Don Henderson, 1518 Normandale Court, reported he has been the owner of the property to the east for 40 years. He stated the lot is buildable. He noted that property with direct access is worth more. He said he is probably willing to consider changing the location of his access to allm.v the applicants septic needs as long as he still retains a 34' access. He noted that the information packets points out that the DNR and property 0\.\-11ers to the west, east, and north are opposed to the vacation and Staff does not recommend approval but requests the access remain open. 3 MINUTES OF THE ORONO PLANNING COMMJSSION MEETING HELD ON JANUARY 21 , 1997 (#1 -#2201 Vacation of Unimproved Right-of-Wa): -Big Island -Continued) Robb said the confusion lies in that the letters address the easement between the Adams and the access which is the wrong easement. It has not been the applicants intent to vacate that portion of property. The Commission discussed the access changes, concerns for septic and driving over drainfields, and the need to retain access to the Henderson property. Hawn asked the applicants to speak with Mr. Erickson regarding the sale of a piece ofland for a new corridor to give direct access (not easement) for egress and ingress as currently there for Mr. Henderson. Henderson said that would be acceptable as long as the width of the access remains the same. Fieger said he did not know if Erickson would be willing to sell the land. Adams was informed that no approval could be made at this time without knowing the outcome. Adams asked the Commission what would happen if Erickson is unwilling to sell with no other solution for obtaining a conforming septic. Smith inquired if there were any other concerns from Staff if this access could be resolved. Gaffron said the primary concerns are a septic in the right-of-way and providing an easement for utilities . It was noted that no other site was found satisfactory for a septic. Gaffron said Big Island is allowed structures without septic systems under specific conditions . It was noted that Henderson does have enough dry buildable land . The question of holding tanks and pumping was considered . Gaffron reported that holding tan.h would not be the first choice and would probably require a variance , but he would have to review the code. Fieger said he would prefer a holding tank due to the cost of the septic system. The length of piping was also discussed. Adams noted that the septic design allows for 640 gallons of water per day per cabin capacity which is extreme considering its seasonal use . Schroeder moved , Smith seconded, to table Application #2201 to aUow the applicants to research further options for access through acquisition of property from Mr. Erickson. The applicants were also encouraged to speak with Staff regarding holding tanks. Vote: Ayes 5, Nays 0. (#2) 7:30 P.M. -#2204 JAMES G. FULLERTON ID, 3350 AND 3400 FOX STREET -CLASS ID, PRELIMINARY SUBDIVISION/CONDITIONAL USE PER."1\llT 7:47-8:02 P.M. The Affidavit of Publication and Certificate of Mailing were noted . The Applicant, James Fullerton, and Attorney, John Winston, were present. 4 :MJNUTES OF THE ORONO PLANNING COMMISSION :MEETING HELD ON JANUARY 21, 1997 (#1 -#2201 Vacation of Unimproved Right-of-Way -Big Island -Continued) Adams reported that the plans have cost the applicants $3,200. The applicants asked the septic tester to come up with the best plan for accommodating their septic systems, regardless if the outcome is one combined system or three individual ones. The current systems are non-conforming but are not polluting the ground. He noted that the compliance for these seasonal dwellings is the same as that required by year-round homes resulting in an astronomical cost for 10 weeks of use each year. Adams says the best recommendation would allow for a truck to stay ii, a barge and pump out the systems. He added that there is no access to the properties to the rear. Robb noted where the utilities were located. McMillan inquired of the property owner to the east of the Robb property. It is noted to be quite heavily wooded. Adams said alot of the property is under water and there is only a limited area for building on. Gaffron informed the applicants that if the small triangular portion was vacated and the road replatted further north, there would be a need to gain a small piece of land from Mr. Erickson to allow access to the Henderson property. Gaffron questioned whether the City should give up 3 3' in exchange for l 0'. Smith asked if there was the ability for the septic location to be pulled back in toward their properties. Adams said the drainage would then flow toward the Henderson property. There is also a hill on the other area, and the septic needs to slope toward their properties and not others. Smith asked what effect the change in right-of-way would have on public access. Gaffron said the accommodation could be made but an agreement would have to be reached with Erickson for the Henderson access plus an agreement for utility easement. Hawn inquired ifNSP would require an agreement. It was noted that the utility comes in underground to the first pole to the transformer. Adams said NSP uses his dock to gain access. During public comments, Don Henderson, 1518 Normandale Court, reported he has been the owner of the property to the east for 40 years. He stated the lot is buildable. He noted that property with direct access is worth more. He said he is probably willing to consider changing the location of his access to allow the applicants septic needs as long as he still retains a 34' access. He noted that the information packets points out that the DNR and property O\\mers to the west, east, and north are opposed to the vacation and Staff does not recommend approval but requests the access remain open. 3 1/21/97 JAN 2 \.9 1997 r To: City of Orono Planning Commission I was unable to attend the public hearing held on January 21 , 1997 and would like to express my concerns on one of the issues that was on the agenda. The issue is that of application #2201, the vacation of dedicated road right-of-way brought forth by George Adams , James Fieger and S.T . Robb Jr. My property address is #630 and I own lots 11, 12, and 13. The back side of my lots sit adjacent to land set aside by the City of Orono labeled as "Park". The 61 feet of my land that borders this "Park" property allows me direct access to the "Streets" that are proposed to be vacated . If these "Streets" are vacated I will lose reasonably good access to my property due to the fact that these "Streets" will have become private property. My cabin sits about 30 ' above the high water mark of Lake Minnetonka . The large slope prevents me from mo ving equipment up the hill from the shoreline on which I reside . Six property owners to the north of me also share in this dilemma. Logistical problems will occur for all those living on the large slopes on the west side of Big Island if the said "Streets" are vacated. Benefitting three property owners while hindering six does not seem like a good idea. Because of these foreseeable problems I recommend that the "Streets" are not vacated and that they remain in place for concerned property owners to use now and in the future. During these next two years there will be activity on the Island as people scramble to get there septic systems up to code . I hope · that property owners have the courtesy to communicate their plans with their immediate neighbors so that all will benefit from future construction ( or destruction). Big Island is a very unique place and I believe joint cooperation between property owners will not only benefit themselves , but will also benefit the City of Orono. Sincerely , Jeffrey A. Person #630 Big Island SENT BY: 1-21-37 10:50 DBI MPLS SALES-PlOB~ 6124730510:# 2/ 2 To Whom lt May Concern, I received notice of a proposal to vacate the easement on Big Island between the property of the Robb's and the Adam's. This strip of land is vital for most property owner's on Big Island because it is our only access to our property for bringi11g in th~ necessary equipment when making house repairs such as a new roof, new septic tanks or new wells. Also ifthere were a fire at any of our houses on the hill the fire depa11ment would have to access the rear of our property via the easement. This property is not used excessively but when needed it is vital for us to be able to make the necessary repairs and upgrades on our property. If you have any questions or comments please contact my son, Ward Johnson at 929T2204, ij~).u\qy· (James' ,, -......... __ .. __ _ ----_ .... January 7, 1997 Mr. Michael P. Gafilon Assistant Planning & Zoning Administrator City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Gafilon: I own 670 Big Island and my neighbors are Messrs. Adams, Robb Sr., and Filger. Our address is 670 Big Island. We are opposed to the vacation of the dedicated road right of way. This is the only access to our property and our neighbors property for equipment and vehicles if repairs or other activities need to be accomplished. I can be reached at my office at 544-7200 or home at 544-4161. Thank you for your consideration. Sincerely, &ifl~~ / Bill Brys~~ January 17, 1997 City of Orono Attn: Michael P. Gaffron 2750 Kelley Pkwy P.O. Box66 Crystal Bay, MN 55323 Dear Mr. Gaffron, Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 Telephone (612) 330-5500 NSP has received notice of vacation of road right of way described as follows: That part of Pleasant View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; which lies West of the East line thereof; which lies East of the Northerly extension of the West line of Lot 3, Block 1, Island Pointe, Hennepin County, Minnesota; and which lies South of the South line of Lots 22, 23, and 24 and its Westerly extension in said Pleasand View Lake Minnetonka. NSP has overhead distribution facilities in the proposed vacation of road right of way, that need to be protected. If you have any questions, please feel free to contact me. ;;J~a~ Tina Olson Real Estate Rep./Highway Liaison 330-5983 . _, ____ _...~-··--1 ' .i 2. i 1991 JAN . --- To: From: Date: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator January 7, 1997 Subject: #2201 George Adams, James Fieger, and S. T. Robb, Jr., 570-580-590-600 Big Island -Right-of-Way Vacation -Public Hearing Zoning District: RS, Seasonal Recreational, 5 Acre Application: Request for vacation of dedicated road right-of-way within the plat of Pleasant View Lake Minnetonka, in order to accommodate a proposed shared septic system and for other purposes. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Survey E -DNR Comments 1/9/97 F -US West Comments 1/8/97 G -City Letter to Applicant 12/18/96 H -Applicant Letter to City 12/13/96 I -City Letter to Applicant 12/10/96 with Map J -Septic System Proposed Design K -Area Topographic Map L -Original Plat, Pleasant View Lake Minnetonka (1888) Background "Pleasant View Lake Minnetonka" was platted on Big Island in 1888. That plat included the dedication of unnamed streets and a "park" area (see plat map). Each of the three applicants owns property adjacent to the two platted streets at the southeast comer of that old subdivision. The applicants have been advised by the City that their non-conforming septic systems need to be brought into conformity. They propose to construct a shared septic system with drainfield located partially within platted right-of-way. In addition to proposing just a vacation of the portion of street necessary to accommodate the drainfield, they propose a more comprehensive vacation of the dedicated road access to the lake as well as to the eastern property boundary. Zoning File #2201 January 7, 1997 Page2 Original Plat Dedication The original plat of Pleasant View Lake Minnetonka dedicated these streets and the park area to the public forever. The intent of dedication of right-of-way is to provide for pedestrian and vehicular access to properties, to provide corridors for utilities, and for other purposes. Necessary Findings for Vacation In order to recommend approval of the vacation of public right-of-way, Planning Commission must be able to make the following findings: 1. The vacation is in keeping with the public interest. 2. The vacation does not affect access to or use of any adjoining property. 3. The City has not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities and access purposes. 4. The unimproved dedicated right-of-way as it exists serves no public purpose. Public Purposes Served by Existing Right-of-Way Staff has identified a number of public purposes served by the existing right-of-way proposed to be vacated: 1. Telephone lines. 2. Electric power lines. 3. Potential Minnegasco gas lines. 4. Potential cable TV lines. 5. Provision of legal access to properties not abutting any other road or the shoreline. 6. Public access to properties abutting the shoreline but that have steep slopes and/or bluffs making vehicular access impossible from the lakeshore. 7. Public access to the "park" land dedicated in the plat of Pleasant View Lake Minnetonka. Summary of Impacts of Proposed Vacation The following represent public and private impacts if the proposed vacation is approved: 1. Properties to the north of Lots 22 -24 will effectively be landlocked. 2. Lakeshore properties along the west side of the island will no longer have an alternate rear access to the lakeshore. Such an access may be essential due to the steep slopes/bluffs at the shoreline making vehicular access impossible at the shoreline. 3. General public accessibility to the island would be permanently limited. 4. Existing/potential utility corridors will be lost. 5. Potential access to adjacent properties to the east will be eliminated. Zoning File #2201 January 7, 1997 Page 3 6. Applicants will increase the square footage of their record lots, bringing each into greater conformity with City area/width/setback requirements, provide for their septic system needs, and eliminate the potential for public traffic in close proximity to their properties. Agency/Utility Comments Per Exhibit F, US ·West does not object to the vacation as long as a utility easement is granted for existing lines and future needs. Per Exhibit E, the Minnesota Department of Natural Resources strongly obiects to the vacation, suggesting that the vacation as proposed is not in the best interest of the public, and that there are alternatives that would not eliminate public access to the lake. Discussion As noted to applicant George Adams in the letter dated December 18, 1996, vacation of this right-of-way absent a rededication of roadway at an alternate location would appear to be inappropriate. The City cannot predict potential future public uses for this right-of-way, however, there are a number of obvious existing public uses which would be eliminated by a vacation. Staff is concerned that access to the property to the east not be eliminated since that property has not been declared unbuildable, but is identified in City ordinances as being a substandard buildable lot of record. That property has steep topography near the wetland (see topographic map, Exhibit K) and its owner may need to gain future access via the road right-of-way to a possible building site near the northwest corner of that lot. Vacating the access road leading from the lakeshore to the park portion of right-of-way, will eliminate the only viable legal access to properties to the north of Lots 22-23-24, which do not otherwise abut the lake or an alternate right-of-way. Further, vacating this portion of right-of- way will eliminate the only viable vehicular access to those properties along the shoreline to the northwest, which have extremely steep lakeshore banks which may not otherwise be accessible. There are certain types of vehicles which will have occasion to use the right-of- way, including well drilling trucks, septic pumpers, construction vehicles, etc. The City cannot vacate right-of-way that has such obvious public purposes, unless a suitable alternative right-of-way location serving all of the existing and anticipated future public uses is provided. The fact that the existing right-of-way is so close to the applicants' cabins, with the obvious property owner concerns of public use in such close proximity, cannot be considered a suitable reason for vacation considering the public's need for that right-of-way to Zoning File #2201 January 7, 1997 Page 4 exist. The right-of-way undoubtedly was platted and dedicated prior to the construction of the existing cabins. Further, a review of the topographical map suggests that the right-of-way can in fact serve as a reasonable access to inland properties, and, without regard for existing trees or other natural or manmade obstructions, the right-of-way does have public purposes. Suggested Alternative Exhibit I, the staff letter of December 10, contains a topographic map showing a triangular portion of right-of-way which could be vacated and a portion of the Fieger property which could be replatted as roadway. This would accomplish the applicants' basic requirement for accommodating the septic system drainfield, while generally providing access to properties to the east. However, the property directly east of Lot 21 would appear to not be served via this new access unless an easement is granted over the Erickson property to the north. Therefore, in order for this alternative to be viable, applicants must be able to gain an easement from Erickson. Staff Recommendation Staff recommends denial of the vacation as proposed, based on finding that the existing and potential public purposes served by that right-of-way will be eliminated or compromised by such a vacation. Further, Planning Commission is advised to review Exhibit E, the letter from the Department of Natural Resources recommending denial of the vacation request. It may be appropriate to table the application if the applicants are willing to consider restructuring their proposal per the sketch in Exhibit I or something similar. In this case, applicants should then be advised to attempt to gain the necessary easement from the neighboring property owner (Erickson) in order to make that alternative viable. In spite of the staff recommendation for denial of this particular proposal, staff must commend the applicants for working together to solve their septic system needs. They have responsibly proceeded with the necessary testing and design work as well as the legal work to create easement, in order to meet City requirements. However, the City is obligated to consider the long-term public interest when being asked to relinquish a dedicated right-of-way that serves both utility and access functions. Options for Action 1. Recommend approval with conditions. 2. Table for further information or revision, giving applicants specific direction. 3. Forward a recommendation for denial to the City Council. 4 Other. lsv , , t±:tf ...., 1-11 _,._._, ' - PROPERTY LOCATION / 0/1-~ A Site Address_ 0Qo 11.j H/4:"-«'r O~e11,4 e?::2.LnL-----·--------- Type of Application t~ be Filed "'::ii , 7 -;f-r , Property Identification Number (P .LD/=j; f"t ).....f, r-1-?4_?-Jf__)+--------- APPLICANT Phone (home) yy 6 Jl-Cf 7 Name fn:"CJe / &~v Phone (wprk) 6~..r ~ 'I/~ Address o/Ccr/ 0/'j/<1.I'."-/f:C/~ City /J/4«a:z<AJ-Z?n Zip J-u--YZ?J-- OWNER (if different than applicant) Phone (home) ______ _ Name ·---------------Phone(work) _______ _ Address ____________ City _______ Zip ___ _ Date P~~oqoired Gt{; /'7 2b.. I (do) ~also own the adjacent parcels of land~ ____ (month/year) FEES -CONDIT10NAL USE PERMITS - --'-~--$ 7 755 .. 0010 For each variance request with CUP application __ $175.00 Residential Accessory Use ---$250.00 Institutional (church, school, etc.) ---$225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use ---$250.00 Land Alteration ---Grading and filling -designated wetland or floodplain __ Grading and filling -101 cu. yd . or more __ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ----$150.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review ( + consultant fees) ~.00 Vacation ~200.00 Easement Vacation --$100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ---$350.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule -- PRESENT USE OF PROPERTY~ Present Zoning District -----~'---- Pre$ent Use of Property 7 Residential __ Other (specify). _____ _ DEC-12-1996 09:45 6 6124730510 97% P.09 City of Orono P.O. Box 66 Crystal (612)473- 12/19/96 LAND USE IPPLICATI~ 1@ 200.00 george adaas 12201 Sl.ETOT/l. TAX 1@ o.oo TOT/l. Sll.E RECEIVED CHANGE 12:59:30 200.00 o.oo 200. 00 0.00 200.00 200. 00 0.00 Cl.E~I 03 TRAtfit 3065 City of Orono P.O: Box 66 Crvstal Bay, * 55323 (612)473-7357 12/24/96 LAND USE IPPLICATI~ 1 @ 100.00 GEORGE AME 12201 SUBTOTAL TAX 1 @ 0.00 TOTAL SALE RECEIVED CHANGE 09:33:22 100.00 o.oo 100.00 o.oo 100.00 100.00 0.00 Q.Ell(I 03 T19i61 3085 ----7 11 IUY~~H., ~ ~IU)~IDJRWR~R@lm @IF ~@W~~~~~OOY l@Y~ ~ AOO©@ R~ ~~~YR @OO ll Y@WOO$~Ef ~ ~ 71 ~AWi©~ ~~II ..I.~ \.' I· zz,t 17-23-_t'1 ·. ·: ' ,.:..., .... '-:1 -~=~ ; 'i w ;-,, i~ . · ... 'iil ~ "' I I ~~ ' ' ' ' ' ' ' I I I I I I ' ' ' I I ~~ ~ ~ <C ~ Eis~ ;.J Eis L I (32) • : i:r'J • 29 • • I .... ~ ♦ ♦ • I :i> :d ♦ ( 1) ••• 8 28 . . • , . I~ I I ~ 27 ~ ~ t'-(-,-L01 4 . . ~ ~;...a;~::..lv"-11 'S ·11rt/}//fl!l ·s s@IIJ!J tJA ~ ~ JL ~ GtJWlfff/JfC;Jl/J!1 !,,(j1$ ~ ~ (3;)1~2-p lull $l&11fJM 22 ·. :1s,CiL,7 r«IJul/$/Jllf I If f/Jillt .3 ,1\ ___ J __ ui HA_T Is ""'IJl ,.. .I. -------------1{71s.;;g).JJ,z,ij W Ac,'fU.ilcL. /.-CCA'TIOrJ ?--------------------- I • • • • • • ••• • • • • • • • • " l~lAOO~ fO· L,..J. • • • •• • • • • • • • . 1 At>~~ ~oBB ~ i ' . I 11 ::: /DO \{;:'.) .L L -· H RUN DATE 11/08/96 BATCH 501 PROP ADDR OWNER NAME . TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR . PROP ADDR OWNER NAME TAXP.6.YER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXP.6,YER NAME/A.DOR PROP AD OWNER N TAXPAYE NAME/AD 38 22-117-23 24 0001 00720 BIG ISLAND . TRISTIN O ERICKSON ET AL TRISTIN O ERICKSON 456 7 80TH ST H MPLS MN 55437 38 22-117-23 24 0006 00038 ADDRESS UNASSIGNED SHERYL RAMSTAD HVASS SHERYL RAMSTAD HVASS 12120 GOLDEN ACRE DR MINNETONKA MN 55305 38 22-117-23 31 0009 00630 BIG ISLAND DOUGLAS EPERSON ET AL H/L E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 22-117-23 31 0020 00590 BIG ISLAND JD FIEGER & J M FIEGER JAMES FIEGER -,.....,[} 14601 ATRIUM HAY U324 V"'i' MINNETONKA MN 55345 38 22-117-23 31 0028 00650 BIG ISLAND J A R JmlNSON & H L JOHNSON JAMES AR JOHNSON . 2212 SOUTH HILL LA 1)~ ST LOUIS PARK .MN 55416 38 22-117-23 31 0031 00580 BIG ISLAND JD & J M FIEGER JAMES D FIEGER 14601 ATRIUM WAY #324 MINNETONKA MN · 55345. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 24 0004 uf 00680 . BIG ISLAND 1) H BRYSON & T BRYSON WILLIAM & THELMA BRYSON 11650 TIMBERLINE RD MINl\lETONl{A MN 55305 38 22-111~23 24 0010 00690 BIG ISLAND R & B BRUDER ROBERTO BRUDER 2500 87 1/2 ST W BLOOMINGTON MN 55431 38 22-117-23 31 0010 00630 BIG ISLAND DOUGLAS EPERSON ET AL H/L E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 ' 22-117-23 31 '0026 00660 BIG .ISLAND ELIZABETH FOSTER SALISBURY . BETTY F PRINCE C/0 GWEN SMYERS 9703 BRIARWOOD CIR SUN CITY AZ 85351 38 22-117-23 31 0029 00570 BIG ISLAND ,l:T AL SELDEN ROBB ' C/0 ROBB SUMMERHOME , 5010 MANITOU RD EXCELSIOR MN . 55331 38 22-117-23 31 0032 00620 BIG ISLAND DAVID R & JAN H CARLSON DAVID R & JAN H CARLSON 8301 CREEKSIDE CIR #101 BLOOMINGTON MN 55437 REPORT NO. PI435401 38 22-117-23 24 0005 00670 BIG ISLAND HE BRYSON & T L,BRYSON WILLIAM & THELMA BRYSON 11650 TIMBERLINE RD MINNETONKA MN 55305 38 22-117-23 31 0001 00550 BIG 'ISLAND B F FAUS JR ETAL 8 F FAUS JR 3810 YORK AVE SO MPLS MN 55410 38 22-117-23 31 0011 00630 BIG ISLAND PAGE 1 DOUGLAS EPERSON ET . AL W/L E JEFFREY A PERSON -.---. .0. 17345 9TH AVE N VV1' PLYMOUTH MN 55447 38 22-117-23 31 0027 00650 BIG ISLAND JAR JOHNSON & H L JOHNSON JAMES A' R JOHNSON 2212 SOUTH HILL LA ST LOUIS PARK MN 55416 38 22-111-z3 31 0030 00640 BIG ISLAND CLINTON KNUDSON CLINTON KNUDSON 1823 FRANKLIN AVES E MPLS MN 55414 38 22-117-23 31 0033 00610 . BIG ISLAND KENNETH K PLUNKETT KENNETH K PLUNKETT 9498 OLYMPIA DR EDEN PRAIRIE MN 55347 :,; ~ ~ ~ .\h - -... II ·RUN DATE ll/08/96 BATCH 501 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 2 PROP'ADDR ONNER NAME TAXPAYER NAME/ADD 38 22-117-23 ~l 0034 00600 BIG ISLAND · · ~J...-LOONNA ... J.... ADAMS · , GEORGE L & DONNATADA~- 9581 VI.RGINIA AVE / BLOOMINGTON MN 55438 / TOTAL BATCH 501 00019 22-117-23-31-0002 560 Big Island Don Henderson et al Don Henderson 5018 Normandale Ct Mpls MN 55436 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, ro THE BEST OF MY KNOWLEDGE AND BELIEF. _ , . 7l .... M .• · ·. DATE// /2 %av· LAA.v. · ~ /· ADVANCE SURVEYING & ENGINEERING CO. 5]00 S. I lwy . No. 101 Mi1111cto11ka. MN 55345 l'ho nc (612) 474 7964 Fax (612) 4 74 8267 SURVEY FOR: GEORGE ADAMS •,·._1 .,,) SURVEYED: December, 1996 -··DRAFTED: fl~~11bcr 20. Jl6 PRESENT LEGAL DESCRIPTION OF ADAMS PAR CEL : Lot 3. Block I, Island Pointe. I lennepin County. Minnesota. PRESENT LEGAL DESCRIPTION OF l'IEGER PARCEL: Lots 22. 23, and 24 , Pleasant View Lake Minnetonka, Hennepin County, Minnesota. PRESENT LEGAL DESCRIPTION 01' ROBB PARCEL: Lot s 19, 20, and 21, Plea sa nl View Lake Minnetonka, Hennepin Co unty, Minnesota . LEGAL DESCRIPTION OF STREET AREAS PROPOSED FOR VACATION: That parl of Pleasant View Lake Min netonka. I lcnn e pin Co unty . Minnesota designated as street and park : which li es wes t of the east line thereof; which lie s eas t of the northerly extension o f the west line of Lot 3, Bl ock I. lslcnd Point e, Hennepin County, Minnesota: and which li es so uth of the south line of Lots 22, 23, and 24 and it s westerly extension in sai d Pleasant View Lake Minnetonka . PROPOSED NEW LEGAL DESCRIPTION OF ADAMS PARCEL: Lot 3, Block I. Island Pointe, Hennepin Co unty, Minnesota. together with that part of Pleasant View l..t•kc Minnclonka, Hennepin County, Minnesota dc signalcd as street and park : which lies west of a lin e parallel with and IO feet west of the west line of Lot 19 in said Pl easa nl View Lake Minnetonka ; which lie s cast or the northerly cxlension of the west line of Lot 3, Block I, Island Pointe. Henn epin Co unty, Minnesota; and which lie s sou th or the sout h line or Lots 22. 23. and 24 and its westerly extension in sa id Pleasant View Lake Minnetonka . PROPOSED NEW LEGAL DESCRIPTION OF FIEGER PAR CEL: Lot s 22, 23, and 24. Plea sa nt View Lake Minnetonka, I lcnncpin County. Minn eso ta. PROPOSED NEW LEGAL DESCR IPTION OF ROBB PARCEL : Lots 22, 23. and 24 , Pleasant View Lake Minnetonka. Hennepin Co unty, Minnesota, together with that part or Plea sa nt View Lake Minnetonka. Hennepin Cou nt y, Minnesota designated as street and park; which lie s west of 1hc east line thereof: which li es cast of a line parallel with and IO feet west of the west li ne of Lot 19 in said Pleas:,nJ View Lake Minnetonka: which lies east of Jhe northerly extension or the west line of Lot 3, Block I , Island Pointe . Henn ep in County, Minnesota; and which li es so uth of the so uth line of Lots 22. 23 , and 24 and it s wcstc :ly ex tension in said Plea sa nt View Lake Minnetonka. Subject Jo an casement for drain field purpo ses over the following portion thereof: Beginning at the so uth eas t corner of sa id Lot 24; thence on an assumed bearing of No :·!11 76 degrees 40 minutes 00 seconds West along the sou th line of said Lot 24 a distance of 27 feet; thence South 20 degrees 30 minut es 00 seco nd s East a distance of 80.00 feet: thence South 33 degrees 37 minutes 19 seco nd s East a distance of 30 feet to a point hereinaller referred lo as Point "A"; thence South 33 degrees 37 minulcs 19 seconds East a distance of 72.59 feet to a point on the cast line of Lot 21 in said Pleasant View Lake Minnetonka which J;es 120 feet so utherly from the northeast corner th ereof; thence North 00 degrees 56 minutes 34 seco nds West a dist,mcc of 154.08 feet to the point of beginning. Subject to a utility easement over a strip of land which li es 5 !'eel on bc,Jh sides of the following de sc ribed center line : Co mm encing al the southeast corner of sa id Lot 24; th ence on an assumed bearing or North 76 degrees 40 minutes 00 seco nd s West along the so uth line ol'sa id Lots 22 . 23 . and 2,, a distance of 116. 79 lccl to the point or beginning or the center line to be described: thence North 06 degrees 14 minutes 29 seconds East a distance of 177 .00 feet; thence North 83 degrees 35 minutes 31 seconds West a distm,cc of 53 feet : thence South 35 degrees 12 minute s 25 seconds \V ;:-.<.:t i1 distanc~ .-_.f 74.57 r:.;t h: Point "A .. .:ind th• re terminating. LIMITATIONS & NOTES: The scope of our services for thi s job is as foll ows : 1. Showing the length and direction of boundary lin es of the legal description you furni shed . 2. Showing the location of ex isting improveme nts we dee med important. 3. Selling new monumenls or ve rifying o ld monum ent s to mark the corners of the property. 4. Showing a proposed street vacation which will require action by the City Counci l wh ich may or may not ·,,e granted. 5. Showing proposed transfer of the vacated st reet properly lo adjacent parcel s. which will require th e owners io exchange deed s to accomplish that translcr and assumes their willingness to execute and file such deed s. 6. Showing proposed casement s and legal descriptions for them to allow all properties to use the drain field and utilil y line running to it, which will require Jhc preparation and filing of an easement agreement to crcalc the se ca se ment s and the willingness of the affected owner to execute such an casement document. 7. Showing on some copies of this drawing, a po ssib le alternate so luti on to the problem lo replace a vacated porti,,11 or the slrecl by a realigned street right of way and lo limit th e vacation to only that part of the street neces sa ry lo accomplish Jhc realignment. STANDARD SYMBOLS & CONVENT IONS : "o " Denotes 1/2" ID pipe with plastic plug bearing Stale License Number 9235, se t, if "o" is filled in , then den ot~s found iron monu~nenl. CERTIFICATION: I hereby certify thal thi s survey was prepared by me or und er my direct supervi sion and Iha! I am a l'rol'e ssio nal Engineer and a Prolc ss ional Surveyor under the La ws of the State of Minnesota. / -vK..eo a<t . I ' SCALE: ONE IN Ci I EQUALS 30 FEET --- ) ) ; .. , I I I I \ ..... 1' -I\ r J l.,, {,.--I ----1 I-r,,.. ...-, <r I _,,, J v--Q. I ---r, I -- j / --1 ~ - I -----J,...------- ---- ,..... l / ,_ r ,.,.... f \ I I I \ l / '- I A\IC:: oooS6 :)~ t:- $ '2.~.01 ---___ 7..;,) -- \ r-""\ I\ ~ I I I I ' \ I ''1 ,_ I r I r~ 1 <-, 1., ....... I._.,, I ' f 'J I r--\ ,'\ I \ i---'v y I I .,. I ,_..- ------ --.. I I I L-' --,-, 1 ; l1 J--- ----,\S!< -,,, ---~ <t ~ z 0 r w z: z -2 UJ ~ <( _J fflti~T~'IB©tr~ €XJ-I. G ~~DEPARTMENT OF NATURAL RESOURCES Region 6A Trails & Waterways, 9925 Valley View Road, PHONE NO . January 9, 1997 City of Orono Attention: Mr. Mike Gaffron 2750 Kelly Parkway P.O. Box 66 Crystal Bay, l\1N 55323 Dear Mr. Gaffron: Eden Prairie, l\1N 55344 (612) 832-6170 FILE NO . 1 3 J_;:J'-I This letter is in reference to the proposed vacation of the right-of-way described as follows: That part of Pleasant View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; which lies west of the east line thereof; which lies east of the northerly extension of the west line of Lot 3, Block 1, Island Point, Hennepin County, Minnesota; and which lies south of the south line of Lots 22, 23 and 24 and its westerly extension in said Pleasant View Lake Minnetonka . I would appreciate it if you would make the contents ohhis letter part of the public record, and read it for the public hearing scheduled on January 21, 1997, as I will be unable to attend the meeting. Please be advised that the State of Minnesota, Department of Natural Resources, Division of Trails and Waterways opposes the proposed vacation of the above described property. This public road as originally dedicated, provides a means of access to Lake Minnetonka, and has for many years. (See attached plat dedication). The citizens of Minnesota have a right to use all of the public waters in our state. Any attempt to preclude public access should be carefully considered . The Minnesota Department of Natural Resources devotes considerable effort to providing the public with free and adequate access to our water throughout the state. The public includes persons other than those in the immediate vicinity. Our goal is to preserve and protect the public's right to all forms of accesses. These accesses can include, but are not limited to, shorefishing, canoe/carry-in accesses, winter access (by car, snowmobile, foot), swimming, picnic areas, observation areas, and access from the lake to the land. Any access the public has, has value . The public owns it now, and should not lose any property or opportunity. No access should be simply "given" to adjacent neighbors . AN EQUAL OPPORTUNITY EMPLOYER - According to the Minnesota Supreme Court, a vacation of a public road must be in the best interest of the public. It must be shown that it has no public value. The roadway referred to above has great potential future use both as an access by interior residents, as well as access from the lake to the interior of the island. By vacating this roadway it appears that access to the park and some interior lots would effectively be cut off I don't believe it could be proven to be in the best interest of the public_ to vacate this road. Although there is other public property on Lake Minnetonka, and perhaps on the island, that is not the issue. The issue is whether the vacation of this particular public street is in the best interest of the public. It also appears to me from reading the material provided me that the vacation of this road is not the only option available to accomplish the project the petitioner has in mind. A triangular piece of property could be vacated on one of the back lots, with a rep lat right behind that, and the project could still move ahead. Please consider the above request for the denial of the proposed vacation. I would be happy to discuss this issue further with you, or any member of the City, if you so desire. In addition I would appreciate it if you could provide me with a copy of the resolution regarding the outcome of this subject once it has been decided. Sincerely, ~~~. Martha J. Reger Area Trails and Waterways Supervisor attachment cc: Bill Johnson, Regional Supervisor George Golden, Attorney General's Office Kim Lockwood, Water Recreation Specialist Jim Konrad, Conservation Officer - llj_~ST COMMUNICATIONS @ 5910 Shingle Creek Parkway Brooklyn Center, lVIN 55430 Janua:ry 8, 1997 Mr. Micheal P. Gaggron JAN 1 0 1997 Assistant Planning & Zoning Administrator City of Orono 2750 Kelley Parkway, P.O . Box 66 Ciystal Bay, lVIN 55323 Re: Notification of pro!)Osed street right-of-way vacation on application #2201. Mr. Gaggron This is in response to your letter dated Janua:ry 6, 1997 which gave notice of a hearing on the above referenced vacation on applicication #2201. US West Corrmmications, Inc presently has aerial facilities along the southside of the east/west street. US West has no objection to this vacation, but requests that a utility easerrent be retained to provide for future maintenance/reinforcerrent along this area. Respectfully Yours, ~~ Munson est Field Engineer 612/569/3017 - CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323 -0066 December 18, 1996 George Adams, M .D . 9581 Virginia Avenue Bloomington, MN 55438 Re: Proposed Street Vacation, Big Island Dear Dr. Adams: The City is in receipt of your letter of request and partial payment for a vacation of portions of the road dedicated in 1888 within the plat of "Pleasant View Lake Minnetonka" on Big Island. As Steve Weckman indicated in his December 10 letter, vacation of this road right-of-way absent a re-dedication of roadway at an alternate location may be inappropriate. While you may feel there is no practical need to maintain a public roadway at this location, we cannot predict the potential future public uses for such right-of-way , but it may very well be in the public's best interest to preserve some options. In order to better understand the potential ramifications of vacation, the City must answer a number of questions regarding lot line locations, access to adjacent properties, utility line locations , topography, etc. A complete application will require that you provide formal survey work in the area being vacated, as well as detailed information about all existing utilities using the right-of-way . We are especially concerned that access to the property to the east not be eliminated, since that property has not been declared unbuildable, and in fact is identified in City ordinances as being a Substandard Buildable Lot of Record. Further, that property has steep topography near the wetland and its owner may need to gain future access via the road right-of-way to a possible building site near the northwest comer of that lot. We are also concerned that vacating the road behind your property may eliminate the only viable vehicular access to properties along the shoreline to the northwest of you, which have extremely steep lakeshore banks and which may not otherwise be accessible. The types of vehicles which might have occasion to use the right-of-way (for instance on a one-time City permit) might include well drilling trucks , septic pumpers , construction vehicles, etc. Telephone (612) 47'3-7357 • FAX 473-0510 Dr. George Adams December 18, 1996 Page 2 Your vacation request raises enough questions that by no means can we guarantee that it will be approved without the provision of an alternate access corridor. For that reason, I would again offer you the option of initially pursuing the request as an informal 'sketch plan review' at the January 21 Planning Commission meeting, although I am advised by Jim Parker that most of the survey work has already been completed and will be submitted by next Monday's noon deadline. Assuming you wish to proceed immediately with a formal vacation request per your letter, the following items must be submitted by noon on Monday, December 23 in order to be formally considered by the Planning Commission at their January 21 meeting: 1. $100 balance of Vacation fee (The right-of-way vacation fee is $300; if this was merely the vacation of an easement, the fee would have been $200) 2. We are unable to locate the property owner list which you indicate was submitted by Mr. Robb. This needs to be submitted to make the application complete. 3. Certificate of survey (and legal description) for the area to be vacated including the location of neighboring property boundaries, structures and utility lines. 4. Written confirmation of agreement between property owners regarding the septic system construction. The recommendation of the Planning Commission would then be scheduled for City Council review and final action on February 10. Dr. Adams, please don't construe our concerns noted above as an attempt to dissuade you from forging ahead in completing your septic system replacement. We are pleased that you and your neighbors have responsibly proceeded with the necessary testing and design work, as well as the legal work to create easements, in order to resolve the matter. Yet the City is obligated to consider the long-term public interest when being asked to give up a dedicated right-of-way. I will be handling the vacation application, so please feel free to contact me at 473-7357 ifI can be of assistance. Sincerely, ~- '1/~ · ~) 1¥ ,!/ Michael P.Gaffron Asst. Planning & Zoning Administrator cc: Steve Weckman, On-Site Systems Manager Ron Moorse, City Administrator UN IVE RS I T Y OF M I NNESOTA Twin Cities Campu s December 13, 1996 Stephen Weckman On-Site Systems Manager P.O . Box 66 Crystal Bay, MN 55323-0066 Dear Steve : Otolary11 gology -H ead & Neck Surgery Lions SM l nte matio11al He aring Cent er Medi cal School {!)(fl -1-f Box 396 Ma yo Mem o rial Building 420 Delaware St ree t S.E. Mi nneapoli s, MN 5 5455 612-625-3200 Fax: 61 2-62 5 -2 101 Offices: 8th Fl oor Ph illips-Wangensteen Buildin g 5 16 Delawa re Street S.E. Thank you for your letter of December 10. Enclosed is a formal request to vacate property behind the Robb cabin and on the lake side of the Fieger cabin in order to make a drain field acceptable to the city of Orono and in compliance with the DNR requirements for the three cabins. The adjacent cabins to the west have a combined system . After assessment, having S and P review and evaluate the existing properties , this was the only feasible system that could be placed in the area. There was not acceptable space for a mound-type system . The only other alternatives that could be discussed were holding tanks that could be emptied every year or two. This system was not felt to be acceptable because of your fear that the tanks would not be emptied as frequently as may be necessary. The owners of the three cabins have agreed in writing to build such a project. The expense of the construction and materials will be paid by Mr. Fieger and myself, and Mr. Robb's contribution will be the property. We therefore request that the property currently unused and never having been used by any of the owners and unlikely to be used by anyone ever in the future, be vacated and designated to be part of the Robb or Fieger property depending on the desires of the planning commission of Orono. I also request vacation of the property behind my cabin . This would allow me to continue to clean and remove the waste that has been deposited there over the past 50 years, prior to my owning the present property. Additionally, if owned by an individual , it is less likely that others would use this property as a place to dispose of containers , bottles, etc., that should be transported to the mainland . In reference to your issues regarding a road, there are currently no usuable or functional roads on Big Island and as to my knowledge, there are no plans for ever developing such roads in the future. There are above-ground electric lines , but below-ground telephone lines. There is not now, nor will there ever be tr9ffic on Big Island. The island is posted in numerous places with signs stat ing no motorized vehicles permitted on Big Island. To me, motorized vehicles include both recreational vehicles , cars , and/or trucks . I am certain that this is the des i re of the residents in the area and of the city. It is also unlikely that anyone will be transporting such a vehicle to the island for any functional use as a car on Big Island would have no function and could be gotten there only during certain months of the winter (January, February) when the lake is frozen and only on those years when the ice is considered safe for an individual to drive to that area. Thus, requesting that the road be maintained has no practical value and should not be an issue in the discussion of the land for vacation. Further, the property to the east of the Robb and Fieger property has been designated unbuildable by the Orono City Council on previous occasions as there does not exist two acres above lake level. It is largely and primarily a swamp and lowland that is not considered buildable. Additionally, such property has access directly from the lake or through the swamp and has no need for an access through the Fieger property. Additionally, any access that would be required for walking or bikes or maintenance of electrical lines would certainly be recognized by individuals on the island, since it is they who benefit from maintenance of those lines. I request therefore, that vacation of the above-mentioned property with designation of such property to be that of Robb's and Adams come before the City Council in January. Enclosed is a $200 fee as required for this permit. Mr. James Parker of Advanced Engineering and Surveying will be providing you with his recommendations including more detailed maps of the proposal. A copy of S and P's recommendations for the septic system is enclosed. Mr. Tom Robb has informed me that he provided the Orono City Hall with a list he obtained from Hennepin County of property owners within 350 feet of the vacation. I have asked Mr. Jim Fieger to contact you regarding the proposals with the alterations of permanent right-of-way to be closer to his property and I hoped he has talked to you regarding this. If there are any other issues that need to be addressed prior to the upcoming Orono City Council meeting, please let me know right away by fax. Thank you for your attention to this matter. Sincerely, 4 /' a,.>d7~J George L. Adams, M.D. Professor and Head C~· \.,. Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator Mr. Jim Fieger Mr. Tom Robb - CITY of ORONO December 10 , 1996 George Adams 9581 Virginia Ave. Bloomington, MN 55438 Street Address: 275 0 Kelley Parkway Oron o, MN 55356 Re: Proposed septic system in platted right-of-way Dear Mr. Adams: Municipal Offices Mailing Address : P.O . Box 66 Crystal Bay, MN 55323-0066 After discussing your situation with Assistant Planning and Zoning Administrator Mike Gaffron, it appears there are three potential options available for you to consider: 1. Proceed with a vacation and replat of the right-of-way to move it into the northerly property so that the current and future public purposes served b y a right-of-way in this location are not lost; 2. Simply request a vacation of the right-of-way; or 3. Request a permit for the installation of the septic system within the existing right-of- way. Each of these options requires a public hearing with the planning commission as well as formal approval by the City Council. In order for the City Council to approve any of these options, you must show that the proposed location of the septic system is the only feasible location, that no property on Big Island will be denied access as a result, and that there is no conflict with existing or future potential utilities (electric, phone, etc .), drainageways , etc. Relocating the right-of-way via a replat would leave your neighbor to the east (560 Big Island) an access to other existing platted roads on the island, would protect your proposed drainfield site by placing it on private property, and would preserve the public need for utility , access and drainage corridors. This is the option staff would recommend to the City Council (see attached sketch). Vacation of the right-of-way withou a replat might be approved by the Council , but in order to do so they would have to conclude that the property to the east does not need to be provided with access Telephone (612) 473-7357 • FAX 473-0510 to other parts of the island and vice-versa, and that there is no existing or future potential public purpose served by the right-of-way . From a planning perspective, it would be inappropriate to vacate this right-of-way without providing an alternative that serves the public need. Finally, if you request permission to install the septic system in the right-of-way without vacating it, you (and the City) would want assurance that motorized traffic is prohibited on the island or the drainfield could be inadvertently destroyed. My review of the City Code reveals no such regulation (recreational vehicles are prohibited in the right of way, but it would be a stretch to say this rule is applicable to cars or trucks). So far, we haven't determined whether or when the 'no motorized vehicles' sign(s) were placed by the City. Because of the potential conflict with other uses that could impact or be impacted by a drainfield in the right-of-way, we would not recommend this option as the protection of your new septic system could not be guaranteed. Attached is a sketch that depicts a potential vacation/replat of the property. The process for accomplishing this requires that you have formal survey work completed, and you could easily have $2,000-3,000 in costs by the time you are done. If you want some assurance that a vacation/replat will ultimately be approved before you incur significant costs, you may wish to apply for a 'sketch plan review' at the January 21 Planning Commission meeting. This is an opportunity to gain input from the planning commission without providing all the information required for a formal replat. Either your application for a sketch plan review or for proceeding with a formal replat would have to be submitted to the City with all the required information listed, by December 23 at noon to be considered for the January 21 planning commission meeting. Please contact me or Mike Gaffron at the City Offices if you have any questions. Sincerely, -¥~Jrkr~ Step/e'n Weckman On-Site Systems Manager cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator • I ____,,, X 940.5 -- r. J ... X 951 .o 955.7 952.9 X Ill= 50 -' I \ 1(9~~-" ~ f 1<a,.1oo' ft 3o' 1rdl :w + 20' f J'o1 .o7 ' ! ""•·< ~·· . -~ ~"'i'O!c>f"? -{~~Y'),,;,.),. )-<( m,'¢-J+. : ,;, ~ /0 °J do.. S Q ~ -'3 'JO 1.,\',.,I, 'F";" L,-.,.Au ~U....=.,"=> o/"~ ..,.--~~ '-~ I ~ 0 I ~•f3.\ 1....ovJ --146.9)- . ..... ··---;.<.--: -:--. --n."(Y"I ·. \..f\'f::%: ?i?---,. S"i::::::S:: '5P1?-: ---- ·::.? ---. ~ \...A \L ~ Ml):\~\~~ '¥-A W~;,~S:, '.':?,~:s::. 9-:t~-"1 L 'f:.\..-9 ;i. "6, 3(.... ')( ,◄c-; 0 -,~,, . ",;IJb- ~(y ~~c . I.I~ . ~-Au.;: -i:.f~AW ~q_ W...lY~~--O_'f"y 0-,P- ~ ~~PS~ ~m~"'(_~~ ~~~ +~ UJ~~'\...l~O),,-'. I.._O LAJ ~O°<?o<:,~ I'" vYT'? ))..'\., .C.\lt\w,~~ \}£0 7>\ LO LA.) S Percolation Tests ~Soil Borings Scale = r~so' ©Bench Mork Note : This sys tern is lo be constructed to meet the Minneso10 Pollution Control Agency Chapter 7080 & Local Ordinance Note Check all underground utilities ...____ J j\ . 1 ~ J i 71 I I ~ -:t:: ~ <: 0 ,- IJJ <:: z ~ L1l :L c:( -..J PROPERTY ( ~@A:m ~ -Y,p . .::, :::S:S\.. s- Oesigned By :_ Oo :e :~/;t:;/:ti ... cledt'a:i.-!t 'kv ~ioh, lJl,L ·, {o~ a.U Stt:;, 1 1•q5 s~ I k ... J ...... ~ ;, -.. " I 11·0 JO , ... I . . ,. ._·:..t·· -r ,, 1.i :_; _·, . /,;:. /l ·-- I I I I I . . I . I , I I ✓-- -;. ' --'--~~~ • _,,,.,,,,.., ... 'I I I I I , j I I 1/ ( • \ • X • / HOLD HARMLESS AND INDEMNIFICATION AGREE1\1ENT :YQ c\{Q_ ·._.-'"'-. .,..,,.._.___,,_.__..;:::;_i_~>,...C--.~-shall indemnify and hold harmless the City of Orono, the City Council, and the agent d employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 Jdq/,o STATE OF MIUHESfffA ) Go0dt??o/ ) ss. COUNTY OF-HENNEPIN ) The foregoing · instrument was ..,,,.J~lA..~v1~Q...._...._., 1997, by Joo\ i' ~ K This document prepared by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 before me this _j}z_ day of ---•- HOLD HARMLESS AND INDEMNIFICATION AGREEMENT f :D?~t.yl.J)SHJ ~ Y3iPj shall indemnify and hold harmless the City of Orono, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 by '\=. \)ouAUJ2ia i--l i-Z0 Cbb his/their employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) O:M)e1 ~~9:~:~;ing ~n~ WG~hnledged before me ~s JJt_ day of I ,--;~"'"c·... EMILY GRUHN -J &7 ~ i1 /_ {~ ,l., NOTARY PUBLIC• MINNESOTA {, I/, ,~ Ash;l</f~ • ·:'t,,~~ My Comm. Explru Jan. 31, 2000 Notary Publ"t ..... ,.,.~ .. ,: .-.,~.--~ ... ,.,;~ .... ~~~ This document prepared by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT a?lcl&-2 r J<c.1bb J;--"-;f--!IJ-e.,.,,-? fl, K,,bbshall indemnify and hold harmless the City of Orono, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 by 5<i!.lde.,r2 TA:1lz,b Jr 1-&-l-2.-zz ;l. /<obh, his/their employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing · instrument was acknowledged before me thjs :!;{Jt-.!l day of _;1J~C\-f--• 1997, by .5e!cltJ)1 r. /o/;6 tt f/-e!e11 4, ft id, 02 arr!'etl. This document prepared by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Notary Public LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY ~Y Commission Expires Jan. 31, 2000 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT __ S7=-=,c'-'-l1.:..:.1_,'\~F__,_,_R_._c_. _ _;;;;b.,.:,,b,,.__ __ -'---_____ shall indemnify and hold harmless the City of Orono, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 by -J:11 V\ 1:::-Robb , his/their employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. C/7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) --fj_ The foregoing , instrument was acknowledged before me this h day of _,..J__,Lt ___ f)_L __ , 1997, by ,To lzn /:, f tJ h i ,i (UJ_.an4/2/Ug d. This document prepared by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Notary Public HOLD HARMLESS AND INDEMNIFICATION AGREEMENT James he~..-f June f}J. h_~r shall indemnify and hold harmless the City of Orono, the City ouncil, and the agents anflemployees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 by 1Ln1es h"'lfer 'i :J<(ne lJi, ft"f/er , his/their employees, agents or subcontractors, wli ther or not caused in part by a party indemnified hereunder. CJ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing · instrument was acknowledged before me this ;;. 7 i.b _,,/v_1 _CL-F~~--·' 1997, by -Scunes f::,;f) f'r ..J.-:fune 11A' 'f,·Je~ mort11'6:d ~~~~?&22•2>~·~~:· .... :.':'2·.;._;.:~;.-.:.~::,,:.,·.:: LINDA S. VEE ' NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 This document prepared by: City of Orono P.O. Box66 Crystal Bay, MN 55323 ct--:!~ j7 {~ Notary Public day of HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (.;e. or darns f1D-f Donna l Adamsshall indemnify and hold harmless the City of Orono, e City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of his/their construction of the following private improvements: by Private septic system connection lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota, subject to the conditions and limitations contained in City Council Resolution No. 3885 eor e L Jb -+ Donn a.. l-A d.o.1n , his/their employees, agents or rs, whether or not caused in part by a party indemnified hereunder. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing · instrument was acknowledged before me this cJ. D 'khday of IY24;!:f= , 1997, by G-eo,tf= L Mtns Ml) -.1-l>on;;o. L R~/h.~ m~,n ecL This document prepared by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 MINUTES OF THE ORONO PLANNING COMMISSION :MEETING HELD ON APRIL 21, 1997 (#1 -Telecommunications Ordinance -Continued) Dave Hagen and Ron Gunderson were present representing Sprint PCS. Hagen asked.that . his agreement with Alexander's comments be on the record regarding the City's violation of the Telecommunications Act. He said the ordinance would have the effect of . prohibiting antennas. Hagen indicated his company has an interest in locating on the City's water tower on Kelley Parkway. He is concerned with the present zoning of RR-IB. The water tower is not currently in the B-1 zoning as required by the ordinance. Without the proper zoning, Hagen said they could not locate their antenna on this water. Approval also requires administrative approval. Hagen said he feels the City will be challenged regarding their ordinance. Alexander also noted that if two antennas were on one tower and heavily used, two towers would be inadequate, and additional sites may be needed. He offered his assistance with drafting an ordinance and providing copies of other drafts. Lindquist indicated the City's needs are different from that of the PCS companies. Lindquist said he would like to see a response regarding the ordinance in writing from City Attorney Radio. Hawn questioned whether the 4-mile separation is adequate to provide the service. Hagen and Alexander indicated the possibility and noted the requirements necessary. Smith noted there are other water towers located in nearby communities that may service Orono as well. Hagen agreed. Alexander said they have not yet made that determination. Hagen said he believes the residents of Orono want this service. Schroeder noted the City is attempting to accommodate the need for service. He indicated flexibility was important. Smith moved, Schroeder seconded, to table the ordinance to allow the City consultant to respond to the questions raised regarding provision of reasonable service and receipt of written review by the City Attorney. Vote: Ayes 7, Nays 0. ACTION ITEMS (#2) #2201 GEORGE ADAMS, JAMES FIEGER, S.T. ROBB, JR., 570, 580, 590 AND 600 BIG ISLAND -VACATION OR USE OF UNIMPROVED RIGBT-OF- WAY -CONTINUATION OF PUBLIC HEARING 7:30-7:47 P.M. The Applicants were present. 3 :MINUTES OF THE ORONO PLANNING COMMISSION 11EETING HELD ON APRil., 21, 1997 (#2 -#2201 Adams, Fieger, Robb -Continued) George Adams reviewed the request for three residences to be on the same septic system. They had originally proposed for vacation of portions of dedicated right-of-way. The application had been tabled and septic system redesigned to meet code as well as be contained within the Robb property. The applicants are requesting permission to run piping within the right-of-way to connect the Adams and Fieger residences to the septic system within the Robb property. Staff recommends approval with conditions as noted. The applicants are also in agreement with the resolution as draft-ed. During public comments, Don Henderson, Edina, owner of 560 Big Island, property located to the east of subject properties, said he was satisfied with the resolution. He asked if the location of the septic system would affect where a well and septic system is located on his dry buildable portion of his lot. Gaffron indicated that there must be a 75' separation between a well and any septic system. The applicant's septic system will be located 15' from the property line. There is no requirement for separation from one septic system to another. Gaffron indicated a possibility of obtaining a variance to allow the separation at 50'. Tom Robb commented that the applicants had provided Henderson's name to Staff for notification. Smith noted reference to seasonal use and use of septic system for "gray" water only. She asked if any limitations need to be addressed? Gaffron reviewed the scope and normal procedures followed for any septic system. Lindquist was of the opinion that these issues did not need to be addressed as part of this approval. Gaffron indicated any change to year-round use would require a CUP. The applicants will also be incumbent to provide the list of conditions to any future buyers of their properties. Mason Meyer, 660 Big Island, noted some neighboring properties will be constructing septic systems and questioned what effect the use of the right-of-way for piping will have on truck movement. Gaffron reported that a hold harmless agreement would be required which would have the applicants accept the risk for any damage for their piping in the right-of-way. He said he expects the piping to be laid at a depth and to the side limiting the risk. Meyer asked that the City review the engineering of the project. Gaffron said the piping could be located so as to minimize the risk of damage. Fieger said the piping would be protected with cement casing. Robb asked that they be notified by their neighbors of any projects prior to their occurrence. Fieger noted that the right-of-way is filled with trees, and movement of traffic would likely occur over his property. Fieger said he had no problem with this occurring and asked for prior notice as well. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#2 -#2201 Adams, Fieger, Robb-Continued) Schroeder moved, Smith seconded, to approve Application #2201 permitting private septic system connection through pipes within the City right-of-way including conditions 1-4 as noted. He noted any subsequent neighborhood projects may ·pose a risk to the pipes and cost of repairing damage would be at the expense of ihe applicants. Fieger asked if the City would render a recommendation regarding engineering. Schroeder said they could assist in this manner. Vote: Ayes 7, Nays 0. (#3) #2205 ALLEN SCHEFFERS, 2540 CASCO POINT ROAD -CONDffiONAL USE PERMIT-CONTINUATION OF PUBLIC BEARING 7:47-7:58 P.M. The Applicant was present. Van Zomeren reported that the application is for a conditional use permit to allow for excavation of a pond in a flood plain area to remain. Permits have already been obtained from the MCWD to excavate for a wildlife pond. The CUP from the City for the excavation was not obtained. The applicant has previously obtained a CUP for fill importation in excess of I 00 cubic yards. The application had been tabled to allow for snow cover to melt to view the property and determine the effect of the encroachment on the right-of-way. Van Zomeren indicated the review has shown the pond to hold water. She reviewed the impact on the 1001 right-of-way. The pond has resulted in an improvement in neighborhood drainage. Van Zomeren said Staff recommends approval with conditions: 1) the pond maintain a 3: 1 slope for safety purposes; and 2) the pond be maintained without impact to the right-of-way. The applicant had no comments. There were no public comments. Smith asked that the Commission be consistent in their direction regarding a natural landscape for the pond. The applicant said he plans to enhance the pond by cleaning it up and deepening it. He said his plans call for sodding with grass to the edge of the pond. He also intends to add wildflowers, day lilies, and random rock. He presented a landscaping plan. Smith asked that the landscape include cattails, reeds, and prairie vegetation. She indicated the City would like ponds to have a natural look, not sculpted, and be conducive to wildlife. McMillan asked if the road was to be widened .. Gappa said the road width is sufficient. 5 CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Gemar, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2201, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of April, 1997. Jamie/t3emar v CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, April 21, 1997, beginning at 7:00 p.m., on the matter of reviewing the following land use applications: I. #2201 George Adams, James Fieger and S.T. Robb, Jr. of 570, 580 and 590 Big Island, request approval of a permit for private septic system improvements in the street right-of- way within the plat of Pleasant View Lake Minnetonka. 2. #2205 Allen Schefers, owner of the property located at 2540 Casco Point Road, requests a conditional use permit for excavating a wetland pond in flood fringe and floodway districts. 3. #2214 Carmen and Richard Kozicky, owners of the property located at 2016 Shadywood Road, are requesting variances for average lakeshore setback, hardcover in the 75-250' setback area and side yard to remodel an existing residence to add a family room and new garage. 4. #2217 John Thimrnesh, owner of the property located at 1945 Fagemess Point Road, is requesting variances for rear setback and hardcover in the 75-250' setback to allow for an addition of a storage area to the east side of the existing residence. 5. #2221 Sven A. Wasberg and Arlene Decandia, owners of the property located at 3115 North Shore Drive, are requesting variances for lot area, lot width, hardcover in the 0-75' setback, average lakeshore setback and side yard to remove an existing residence and construct a new residence. 6. #2222 Joseph Vochko, owner of the property located at 2925 Casco Point Road, requests a conditional use permit for land alteration to allow a retaining wall and a variance to allow hardcover in the 0-75' setback area. 7. #2225 John Theobald, owner of the property located at 4101 Highwood Road, requests renewal of lot area, lot width, street setback, east and west side setbacks and hardcover to remove an existing residence and construct a new residence. 8. #2226 John and Susanne Koob, owners of the property located at 3065 Jamestown Road, request a conditional use permit for grading and filling to allow for a berm. 1 9. #2227 Gary Tucker, owner of the property located at 3466 Ivy Place, is requesting variances for hardcover, lot coverage, side yard setback, and average lakeshore setback to allow replacement and expansion of a deck. 10. #2228 Frank and Kathleen St. Lawrence, owners of the property located at 253 Cygnet Place, are requesting variances for side yard setback and hardcover in the 0-75' setback to construct an additional garage stall and remodel an existing residence. 11. #2229 Charles and Pamela Schroeder, owners of the property at 1925 West Farm Road, request variances for setback from a protected stream to allow construction of a workshop. 12. #2230 Georgine Hackney, owner of the property located 2184 Shadywood Road, requests a variance for a side yard setback to allow remodeling of a kitchen in an existing residence. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. For an appointment call 473-7357. City of Orono By: Planning Commission Elizabeth Van Zomeren Planner/Zoning Administrator To be published the week of April 7, 1997. 2 CI TY OF OR ONO 2750 Kelley Park, way, P.O . Box 66 Crysta l Bay, I\~~~ 5.,~",.".," _ Phone (612) 473-73~ > Fax 413- 0510 The Planning Commission will hold public hearings in the Council Chambers at 2780 Ke ll ey Parkway on Monday, April 21, 1997, beginning at 7 :00 p .m., on the matter of reviewing the following land use applications: 1. #2201 Geo rge A.dams, James Fieger and S.T. Robb, Jr. of 570 , 580 and 590 Big Island, request approv al of a permit for private septic system improvements in the 1 street rig ht-of-way withi n the plat of Pleasant View Lake Minnetonka. 2. #2205 Allen Schefers, owner of the property located at 2540 Casco Point Road, req uests a conditional use permit for excavating a wetland pond in flood fringe and floodway districts. 3. #2214 Carmen and Richard Kozicky, owners of the property located at 2016 Shadywood Road, are requesting variances for average lakeshore setback, hardcover in the 75-250' setback area and side yard to remodel an existing residence to add a family room and new garage. 4. #2217 John Thimmesh , owner of the property located at 1945 Fagerness Point Road, is reque sting variances for rear setback and hardcover in the 75 -2 50" setback to all ow for an addition of a storage area to the east side of the existing residence. 5. #2221 Sven A. Wasberg and Arlene Decandia , owners of the property located at 3115 North Sho re Drive, are request ing variances for lot area , lot width, hardcover in the 0-75 ' setback, average lakeshore setback a nd si d e yard to remove an existi ng residence and construct a new res idence . 6. #2222 Joseph Vochko, owner of the prope rt y located at 2925 Casco Poin t Road, requests a co nditional use permit for land alteration to allow a retain i ng wall and a variance to all ow hardcover in the 0-75 ' setback area. 7. #2225 John Theobald, owner of the · property located at 4101 Hi ghwood Road, requests renewal of lot area , lot width , street setback, east and west side setbacks and hardcover to remove an exist ing residence and construct a new residen ce. 8. #222 6 John and Susanne Koob, owners of the property located at 3065 Jamestown Road, request a conditional use e ermit for grading and filling to allow for a t i erm. 9 . #2227 Gary Tucker, owner of the pi"Operty located at 3466 Ivy Place, is requesting variances for hardcover, lot covilr,:!ge, side yard setback, and average lakesMre setback to allow replacement and expansion 'f a deck . 10 . #2228 Frank and Kathleen St . Lawr enc e, owners of the property located at 253 Cygnet Place, are requesting variances for side yard setback and hardcover in the 0- 75' setback to co nstruct an additional :;,::::rage stall and remodel an existing res ide nce . 11. #2229 Cha rles and Pamela Schroeder, owners of the property at 1925 West Farm Road, reques t va rian ces for setback from a protected stream to all ow construction of a workshop. -12. #2230 Georgine ,Hackney, owner of the property located 2184 Shadywood Road, requests a variance for a side yard setback to allow remodeling of a kitchen in an exis ting residence . All persons wishing to be heard are encouraged to attend this meeting . Writte n comme nts are solicited. Plans are available in the City Offices for review, by appointment. Fo r an appointment call 473-7357. City of Orono . By: Planning Commission Elizabeth Van Zomeren Planner/Zoning Administrator (Published in The La ker and Pioneer April 5, 1997) Affidavit of Publication State of Minnesota, Coun ty of Hennep in. Bill Holm , being duly sworn on oath , says that he is a n au thorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound , Min n esota , and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requ i rements constituting qualifi cations as a qualified newspape r , as provided by M innesota Statute 331 A.02 , 331 A.07 , and other applicable laws, as amended . B.) The printed JagJ Im 4fkJino which is attached was cut from the columns of said newspaper , and was printed and published once each week for / successive weeks : It was first published ~nda;, the S day of }(JP/ 19C/.!l_, and was thereafter p rited and published every Monday , to and including Monday, the ___ d,w of _______ 19 __ ; &IL~ Authorized Agent Subscribed and sworn to me on this By: oar ublic .,, 'ST I HOLM NC,, UBLIC -MINNESOTA MY COMM. EXPIRES 1-31·2000 Rate Information (1) Lowest classi fi ed ra t e paid by commerc ial users for comparable space: $12.20 per inch . (2) Maximum rate allowed by law for above matter : $12.20 . (3) Rate actually charged fo r above matter: $7 .00 per inch. Each additi onal successi ve week : $5 .05. e~: ~2zn t CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday, January 21 , 1997 , at 7:00 p.m., on the matter of reviewing application #2201, the vacation of dedicated road right-of-way proposed by George Adams, James Fieger and S. T. Robb, Jr., adjacent to properties addressed as 570, 580, 590 and 600 Big Island, the right-of-way proposed for vacation being described as follows : That part of Pleasant View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; which lies west of the east line thereof; which lies east of the northerly extension of the west line of Lot 3, Block 1, Island Pointe, Hennepin County , Minnesota ; and which lies south of the south line of Lots 22 , 23 and 24 and its westerly extension in said Pleasant View Lake Minnetonka . All persons wishing to be heard will appear at this time . Written comments are solicited . A map of the right-of-way proposed to be vacated is available in the City Offices for review, by appointment. City of Orono B:;;ofsi¥ Michael P . Gaffron, Assistant Planning & Zoning Administrator To be published the week ofJanuary 6, 1997 and January 13, 1997 . Minnegasco has no facilities within (-Iv -97 has no objection to its vacation. the above described area and Thank you for the advance notice. d;-~ Ste*nvoii Barg~ Real Estate Specialist Minnegasco ,, ( ! : ~ : . z:; ·-··f I ! I I --! -t ' ,; ,- "KITCHEl'S SUIDIVJSIDN DF ©@W~~OCOO~OOl lDT~ ~ AOO~@ 100 ~~tll@~ ~~ lijWOO~~lf ii r ~Aim@~ a~11 /' r, ·· .. _: LOT 4 (1) ' -l ~:~ ,,., . .,, w .. ·. · .. ~ . ~ , .. ~:·· ... ··. fil ·,:::· @ T '\> , ~ -----------..+ -----.i----__; • ~;re!l~L .; ~ vnu @f / ' ' i : @@JPf!tliPflltMl " or~ !ff; J/J(J/p} ($ f!M ~!lrt1l@M . 2 'Jl@f'1/IJ~f!/Jlf ff ff Jf;JIJ((;/l ~ • ---------------------------------/ I I L01' 1 ( I) ' ' ' ' ' ' ' ! :' ;'; ,' ;;: •:;::' " ' '.'( ~ ,.I n 6 v'·( l~yf i ' :;;;; -------·-·--,.......... . .... [---" -••'" ····-··-----..... ,. ....... -••'" '" . ,," -=· .. --'~:~ ?:; I I --!----.. :.,•, --: ,;11:i:: January 7, 1997 Mr. Michael P . Gaffron Assistant Planning & Zoning Administrator City of Orono 2750 Kelley Parkway, P .O . Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: I own 670 Big Island and my neighbors are Messrs. Adams , Robb Sr., and Filger. Our address is 670 Big Island . We are opposed to the vacation of the dedicated road right of way. This is the only access to our property and our neighbors property for equipment and vehicles if repairs or other activities need to be accomplished . I can be reached at my office at 544-7200 or home at 544-4161 . Thank you for your consideration. Sincerely, /~~~ Bill Brys~~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday, January 21, 1997, at 7:00 p.m., on the matter of reviewing application #2201, the vacation of dedicated road right-of-way proposed by George Adams, James Fieger and S. T. Robb, Jr., adjacent to properties addressed as 570, 580, 590 and 600 Big Island, the right-of-way proposed for vacation being described as follows: That part of Pleasant View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; which lies west of the east line thereof; which lies east of the northerly extension of the west line of Lot 3, Block 1, Island Pointe, Hennepin County, Minnesota; and which lies south of the south line of Lots 22, 23 and 24 and its westerly extension in said Pleasant View Lake Minnetonka. All persons wishing to be heard will appear at this time. Written comments are solicited. A map of the right-of-way proposed to be vacated is available in the City Offices for review, by appointment. City of Orono B~o;;si~ Michael P. Gaffron, Assistant Planning & Zoning Administrator To be published the week of January 6, 1997 and January 13, 1997. ,---:------------------- -:.:_· 7 11 iuu~~[IL ' ~ ~lUJ~IDH~i~uw~ (O)if t@w~~~~~oou IL@u~ ~ ~~~ ® !~ ~~~uK @~ g~ u©W~~~E~ ~ ~ r IK\~OO(G:[ a~il 22 --, 0-23-.l~ LOT I (l) ;:,, . ~.., ,g ', J: p' ,J O ,,o ,,c;; ,,.n ,,- z l 1 11 NORTHEAST CORNER OF LOT 'Z.I 11 s 00°sG 30 E EAST LINE o~ Lo T ,, s 00°s5'3q: E 1 BG.00 PLl>.T ---23e.07----------1B1.60 ME.AS.--· __ _ __ ,. 0 ,oo--- .,. .... ,' 5EMEJ'(T'. I ,-, 1 ,· 15t-. ;;; ': r-;,A ~ fiEI...D £;.A r-,,~,/ L-' I (_ ... • oRAIH ,. -~ / , t l ,--V v PRopo(;ED -< •••• , .. %§" V i '----/ --1-,~ o"!)"\../. "I ' .1 \ ~ ........ ; ---- -T~~'lb 949..,'1 ,.-I\ C ," ~,: I ~" (./,. ~ r 11 r·. , , , r-\ 1 , 1 , 'l'o" ,...... L-1,..--r, ._ '~o ! ,.., -1· t.., ' ,r,· .. ... - _,... /\ t / ,--- . • 1( ':,/ ' J I qO ";)":J/.," I I ---. r _/_J/9. ,-.. , l 1;: I r1~ ,:_ ,J I I/ /~ §L /ii E , .... , ~,• ~\ r: ';:"" t I~ , J 1 ~ 1 , /en :> ,., oo -.,, !"y-:, ~ a,=> ;/j! w ::1:;~ It ---¥1 ~ i9 ://~lj 1/ .'H I ~ I·"' lV .. ' ..-, 1 I , I I L-~ J ' L .... ,'--'. 1 150.00PLAT r1 r:. 14&,91MEA~ N oo•ss',4'' w PARK rt ,_-g€ ,::;:/ !;?u, ,,,_ ,;70 ,_--' XU. wo ),.W __,., er -w.J 1--:r ,,,,__ "'"' c,,$ C' : ,-, ,,--}<' L ) L~--1--J .._, ' \ C 1 /' ~ 1 i ""' _, L_rA :'IJ 1_ 1 <l :::s:-. 2 C f- LL 2 z ~ w ~ -,q: _J JAN-28-1997 00:52 M I t·-lt ·lECiAl::ICCI C'.""7:'0 r::1 ._.•._11_1 I F'. 01 /Dl 1/21/97 To: City of Orono Planning Commission I was unable to attend the public hearing held on January 21, 1997 and would like to express my concerns on one of the issues that was on the agenda . The issue is that of application #2201 _, the vacation of dedicated road right-of-way brought forth by George Adams, James Fieger and S.T. Robb Jr . My property address is #630 and I own lots 11, 12, and 13. The back side of my lots sit adjacent to land set aside by the City of Orono labeled as "Park". Toe 61 feet of my land that borders this "Park" property allows me direct access to the "Streets'' that are proposed to be vacated . If these "Streets" are vacated I will lose reasonably good acce ss to my property due to the fact that these "Streets" will have become private property. My cabin sits about 30' above the high water mark of Lake Minnetonka. The large slope prevents me from moving equipment up the hill from the shorel.ine on which I reside. Six property ovmers to the north of me also share in this dilemma. Logistical problems will occur for all those living on the large slopes on the west side of Big Island if the said 11 Streets" are vacated. Benefitting three property owners while hindering six does not seem like a good idea. Because of these foreseeable problems I recommend that the "Streets" are not vacate d and that they remain in place for concerned property owners to use now and in the future . During these next two years there will be activity on the Island as people scramble to get there septic systems up to code. I hope that property owners have the courtesy to conunun.icate their plans with their immediate neighbors so that all will benefit from future construction (or destruction). Big Island is a very unique place and I believe joint cooperation between property owners will not only benefit themselves, but will also benefit the City of Orono, Sincerely, Jeffrey A . Person #630 Big Island TOTAL F'. Dl CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2201 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 1/28/97 -------------------------------------------------------------------------------------------------- TO: George L. Adams 9581 Virginia Avenue Bloomington, MN 55438 COPIES TO: Selden Robb c/o Robb Summerhome 5010 Manitou Road Excelsior, MN 55331 James F eiger 14601 Atrium Way#324 Minnetonka, MN 55345 ------------------------------------------------------------------------------------------------------ TYPE OF APPLICATION: Vacation ~--~------------------------------------------- DATE OF MEETING: 1/21/97 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled to allow applicants to research further options which may include acquiring access through the Erickson property for Henderson. Applicants should also discuss holding tank potential with staff. Also enclosed is a letter received from Jeffrey A. Person on January 28th. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the February 18th meeting is Monday, February 3rd. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch SENT BY: 1-21-37 10:50 DBI MPLS SALES-PlOB~ To Whom lt May Concern, I received notice of a proposal to vacate the easement on Big Island between the property of the Robb's and the Adam's. This strip of land is vital for most property owner's on Big island because it is our only access to our property for bringing in the necessary equipment when making house repairs such as a new roof, new septic tanks or new wells. Also ifthere were a fire at any of our houses on the hill the fire depai1ment would have to access the rear ot' our property via the easement. This property is not used excessively 6124730510:# 2/ 2 but when needed it is vital for us to be able to make the necessary repairs and upgrades ( James "-,, -----------·-____ .,,.-----.--- Mi' January 17, 1997 City of Orono Attn: Michael P . Gaffron 2750 Kelley Pkwy P .O . Box66 Crystal Bay, MN 55323 Dear Mr. Gaffron, IJII Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 Telephone (612) 330-5500 NSP has received notice of vacation of road right of way described as follows : That part of Pleasant View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; which lies West of the East line thereof; which lies East of the Northerly extension of the West line of Lot 3, Block 1, Island Pointe, Hennepin County, Minnesota; and which lies South of the South line of Lots 22, 23 , and 24 and its Westerly extension in said Pleasand View Lake Minnetonka. NSP has overhead distribution facilities in the proposed v acation of road right of way, that need to be protected. If you have any questions , please feel free to contact me . ;r~ Tina Olson Real Estate Rep ./Highway Liaison 330-5983 __ .. - ;;; i,l, ~t.P. \ ~0 ·,s~ "<s>lf' dl, :;:,\ S 00°%'?.0"E ISG,00 f'L/>.i ••• 1s1.~0 Me!S,··· 9.4,,.'t rj/:r {,.• i I .... -------------I"\ \.' -1· 1 -1· ,., \ I I ' '-i.- \ ~ 2 /\ iLl~ ~~~ ~ ~ ~ ;J..~7 ' ~ \-~ t-.i V) d) ~ 4'.,. ~i~ I.-• /' I I 1-• ? L~ r\ L-~ .. l.•• I • ,so.ooPV-.i 14e,,'l1 \i\EP.~ 1-1oo•si?i.i:'';'l PARK uit ~~ .. <' ;i £c/l .,f- ~g s~ :; ~ ~:; I-:r 1111-u/::, 3: ~ -z_J-• .. 1' I ,-, f ~ r"' I I / t ' I \ t'J L.-• ,_ - s oo"sG'";)t'e. --· 7.?,s.01 ••• ,..,.,,. 1~ojJ0_ ..... eA5 i,r,110'1"' /\ \,. ', r---,_, ,,,,,11..-' '::)L ..... r~' ---'l' /" (• '!\ I ' : \ I"'· ,JV V I i--· ,-. \ '-• I L ' < UNIVERSITY OF MINNESOTA Twin Cities Campus December 13, 1996 Stephen Weckman On-Site Systems Manager P.O . Box 66 Crystal Bay, MN 55323-0066 Dear Steve: Otolaryngology-Head & Neck Surge ry Lions SM Intemational Hearing Cente r Medica l Schoo l ) \DEC '2 \5 1996 Box 396 Mayo Memorial Building 420 Dela wa re Street S.E. Minneapolis, MN 55455 6 12-625-3200 Fax: 612-625-2101 Offices: 8th Floor Phil/ips-Wan gensteen Building 5 16 Delaware Street S.E. Thank you for your letter of December 10. Enclosed is a formal request to vacate property behind the Robb cabin and on the lake side of the Fieger cabin in order to make a drain field acceptable to the city of Orono and in compliance with the DNR requirements for the three cabins. The adjacent cabins to the west have a combined system. After assessment, having Sand P review and evaluate the existing properties, this was the only feasible system that could be placed in the area . There was not acceptable space for a mound-type system. The only other alternatives that could be discussed were holding tanks that could be emptied every year or two . This system was not felt to be acceptable because of your fear that the tanks would not be emptied as frequently as may be necessary. The owners of the three cabins have agreed in writing to build such a project. The expense of the construction and materials will be paid by Mr. Fieger and myself, and Mr. Robb's contribution will be the property. We therefore request that the property currently unused and never having been used by any of the owners and unlikely to be used by anyone ever in the future, be vacated and designated to be part of the Robb or Fieger property depending on the desires of the planning commission of Orono. I also request vacation of the property behind my cabin . This would allow me to continue to clean and remove the waste that has been deposited there over the past 50 years, prior to my owning the present property. Additionally , if owned by an individual, it is less likely that others would use this property as a place to dispose of containers, bottles, etc., that should be transported to the mainland. In reference to your issues regarding a road, there are currently no usuable or functional roads on Big Island and as to my knowledge, there are no plans for ever developing such roads in the future. There are above-ground electric lines, but below-ground telephone lines. There is not now, nor will there ever be traffic on Big Island . The island is posted in numerous places with signs stating no motor.ized vehicles permitted on Big Island . To me , motorized vehicles include both recreational vehicles, cars, and/or trucks. I am certain that this is the desire of the residents in the area and of the city. It is also unlikely that anyone will be transporting such a vehicle to the island for any functional use as a car on Big Island would have no function and could be gotten there only during certain months of the winter (January, February) when the lake is frozen and only on those years when the ice is considered safe for an individual to drive to that area. Thus, requesting that the road be maintained has no practical value and should not be an issue in the discussion of the land for vacation. Further, the property to the east of the Robb and Fieger property has been designated unbuildable by the Orono City Council on previous occasions as there does not exist two acres above lake level. It is largely and primarily a swamp and lowland that is not considered buildable. Additionally, such property has access directly from the lake or through the swamp and has no need for an access through the Fieger property. Additionally, any access that would be required for walking or bikes or maintenance of electrical lines would certainly be recognized by individuals on the island, since it is they who benefit from maintenance of those lines. I request therefore, that vacation of the above-mentioned property with designation of such property to be that of Robb's and Adams come before the City Council in January. Enclosed is a $200 fee as required for this permit. Mr. James Parker of Advanced Engineering and Surveying will be providing you with his recommendations including more detailed maps of the proposal. A copy of S and P's recommendations for the septic system is enclosed. Mr. Tom Robb has informed me that he provided the Orono City Hall with a list he obtained from Hennepin County of property owners within 350 feet of the vacation. I have asked Mr. Jim Fieger to contact you regarding the proposals with the alterations of permanent right-of-way to be closer to his property and I hoped he has talked to you regarding this. If there are any other issues that need to be addressed prior to the upcoming Orono City Council meeting, please let me know right away by fax. Thank you for your attention to this matter. Sincerely, ~/~ George L. Adams, M.D. Professor and Head cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator Mr. Jim Fieger Mr. Tom Robb ~~r--------~~d~f !-----4 "5----~-~-~r~~ ~ r--~--~~~ . -------- r:Jim Fr~✓ )1/D/ ;ffr7Uti ~ ffh w-1 ilb{'J;~~ !fer~ IA h rokf ~ ~ q1kweJ r od~trJ£ -;;;. @& ,,.:-:--- CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Total number of pages letter. Date: 12.. including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-~ and ask for: Our telecopy number is: (612) 473-0510 Additional Message: CITY of ORONO December 18, 1996 George Adams, M.D. 9581 Virginia Avenue Bloomington, MN 55438 Re: Proposed Street Vacation, Big Island Dear Dr. Adams: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City is in receipt of your letter ofrequest and partial payment for a vacation of portions of the road dedicated in 1888 within the plat of "Pleasant View Lake Minnetonka" on Big Island. As Steve Weckman indicated in his December 10 letter, vacation of this road right-of-way absent a re-dedication of roadway at an alternate location may be inappropriate. While you may feel there is no practical need to maintain a public roadway at this location, we cannot predict the potential future public uses for such right-of-way, but it may very well be in the public's best interest to preserve some options. In order to better understand the potential ramifications of vacation, the City must answer a number of questions regarding lot line locations, access to adjacent properties, utility line locations, topography, etc. A complete application will require that you provide formal survey work in the area being vacated, as well as detailed information about all existing utilities using the right-of-way. We are especially concerned that access to the property to the east not be eliminated, since that property has not been declared unbuildable, and in fact is identified in City ordinances as being a Substandard Buildable Lot of Record. Further, that property has steep topography near the wetland and its owner may need to gain future access via the road right-of-way to a possible building site near the northwest corner of that lot. We are also concerned that vacating the road behind your property may eliminate the only viable vehicular access to properties along the shoreline to the northwest of you, which have extremely steep lakeshore banks and which may not otherwise be accessible. The types of vehicles which might have occasion to use the right-of-way (for instance on a one-time City permit) might include well drilling trucks, septic pumpers, construction vehicles, etc. Telephone (612) 473-7357 • FAX 473-0510 Dr. George Adams December 18, 1996 Page2 Your vacation request raises enough questions that by no means can we guarantee that it will be approved without the provision of an alternate access corridor. For that reason, I would again offer you the option of initially pursuing the request as an informal 'sketch plan review' at the January 21 Planning Commission meeting, although I am advised by Jim Parker that most of the survey work has already been completed and will be submitted by next Monday's noon deadline. Assuming you wish to proceed immediately with a formal vacation request per your letter, the following items must be submitted by noon on Monday, December 23 in order to be formally considered by the Planning Commission at their January 21 meeting: 1. $100 balance of Vacation fee (The right-of-way vacation fee is $300; if this was merely the vacation of an easement, the fee would have been $200) 2. We are unable to locate the property owner list which you indicate was submitted by Mr. Robb. This needs to be submitted to make the application complete. 3. Certificate of survey ( and legal description) for the area to be vacated including the location of neighboring property boundaries, structures and utility lines. 4. Written confirmation of agreement between property owners regarding the septic system construction. The recommendation of the Planning Commission would then be scheduled for City Council review and final action on February 10. Dr. Adams, please don't construe our concerns noted above as an attempt to dissuade you from forging ahead in completing your septic system replacement. We are pleased that you and your neighbors have responsibly proceeded with the necessary testing and design work, as well as the legal work to create easements, in order to resolve the matter. Yet the City is obligated to consider the long-term public interest when being asked to give up a dedicated right-of-way. I will be handling the vacation application, so please feel free to contact me at 4 73-7357 if I can be of assistance. Michael P.Gaffron Asst. Planning & Zoning Administrator cc: Steve Weckman, On-Site Systems Manager Ron Moorse, City Administrator UNIVERSITY OF MINNESOTA Twin Cities Campus December 13, 1996 Stephen Weckman On-Site Systems Manager P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Steve: Otolaryngology-Head & Neck Surgery Lions SM International Hearing Center Medical School Box 396 Mayo Memorial Building 420 Delaware Street S.E. Minneapolis, MN 55455 612-625-3200 Fax: 612-625-2101 Offices: 8th Floor Phillips-Wangensteen Building 516 Delaware Street S.E. Thank you for your letter of December 10. Enclosed is a formal request to vacate property behind the Robb cabin and on the lake side of the Fieger cabin in order to make a drain field acceptable to the city of Orono and in compliance with the DNR requirements for the three cabins. The adjacent cabins to the west have a combined system. After assessment, having Sand Preview and evaluate the existing properties, this was the only feasible system that could be placed in the area. There was not acceptable space for a mound-type system. The only other alternatives that could be discussed were holding tanks that could be emptied every year or two. This system was not felt to be acceptable because of your fear that the tanks would not be emptied as frequently as may be necessary. The owners of the three cabins have agreed in writing to build such a project. The expense of the construction and materials will be paid by Mr. Fieger and myself, and Mr. Robb's contribution will be the property. We therefore request that the property currently unused and never having been used by any of the owners and unlikely to be used by anyone ever in the future, be vacated and designated to be part of the Robb or Fieger property depending on the desires of the planning commission of Orono. I also request vacation of the property behind my cabin. This would allow me to continue to clean and remove the waste that has been deposited there over the past 50 years, prior to my owning the present property. Additionally, if owned by an individual, it is less likely that others would use this property as a place to dispose of containers, bottles, etc., that should be transported to the mainland. In reference to your issues regarding a road, there are currently no usuable or functional roads on Big Island and as to my knowledge, there are no plans for ever developing such roads in the future. There are above-ground electric lines, but below-ground telephone lines. There is not now, nor will there ever be tr~ffic on Big Island. The island is posted in numerous places with signs stating no motorized vehicles permitted on Big Island. To me, motorized vehicles include both recreational vehicles, cars, and/or trucks. I am certain that this is the desire of the residents in the area and of the city. It is also unlikely that anyone will be transporting such a vehicle to the island for any functional use as a car on Big Island would have no function and could be gotten there only during certain months of the winter (January, February) when the lake is frozen and only on those years when the ice is considered safe for an individual to drive to that area. Thus, requesting that the road be maintained has no practical value and should not be an issue in the discussion of the land for vacation. Further, the property to the east of the Robb and Fieger property has been designated unbuildable by the Orono City Council on previous occasions as there does not exist two acres above lake level. It is largely and primarily a swamp and lowland that is not considered buildable. Additionally, such property has access directly from the lake or through the swamp and has no need for an access through the Fieger property. Additionally, any access that would be required for walking or bikes or maintenance of electrical lines would certainly be recognized by individuals on the island, since it is they who benefit from maintenance of those lines. I request therefore, that vacation of the above-mentioned property with designation of such property to be that of Robb's and Adams come before the City Council in January. Enclosed is a $200 fee as required for this permit. Mr. James Parker of Advanced Engineering and Surveying will be providing you with his recommendations including more detailed maps of the proposal. A copy of S and P's recommendations for the septic system is enclosed. Mr. Tom Robb has informed me that he provided the Orono City Hall with a list he obtained from Hennepin County of property owners within 350 feet of the vacation. I have asked Mr. Jim Fieger to contact you regarding the proposals with the alterations of permanent right-of-way to be closer to his property and I hoped he has talked to you regarding this. If there are any other issues that need to be addressed prior to the upcoming Orono City Council meeting, please let me know right away by fax. Thank you for your attention to this matter. Sincerely, /4,/a,,,,?l,J George L. Adams, M.D. Professor and Head cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator Mr. Jim Fieger Mr. Tom Robb CITY of ORONO December 10, 1996 George Adams 9581 VirginiaAve. Bloomington, MN 55438 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Proposed septic system in platted right-of-way Dear Mr. Adams: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 After discussing your situation with Assistant Planning and Zoning Administrator Mike Gaffron, it appears there are three potential options available for you to consider: 1. Proceed with a vacation and replat of the right-of-way to move it into the northerly property so that the current and future public purposes served by a right-of-way in this location are not lost; 2. Simply request a vacation of the right-of-way; or 3. Request a permit for the installation of the septic system within the existing right-of- way. Each of these options requires a public hearing with the planning commission as well as formal approval by the City Council. In order for the City Council to approve any of these options, you must show that the proposed location of the septic system is the only feasible location, that no property on Big Island will be denied access as a result, and that there is no conflict with existing or future potential utilities (electric, phone, etc.), drainageways, etc. Relocating the right-of-way via a replat would leave your neighbor to the east (560 Big Island) an access to other existing platted roads on the island, would protect your proposed drainfield site by placing it on private property, and would preserve the public need for utility, access and drainage corridors. This is the option staff would recommend to the City Council (see attached sketch). Vacation of the right-of-way withou a replat might be approved by the Council, but in order to do so they would have to conclude that the property to the east does not need to be provided with access Telephone (612) 473-7357 • FAX 473-0510 to other parts of the island and vice-versa, and that there is no existing or future potential public purpose served by the right-of-way . From a planning perspective, it would be inappropriate to vacate this right-of-way without providing an alternative that serves the public need. Finally, if you request permission to install the septic system in the right-of-way without vacating it, you (and the City) would want assurance that motorized traffic is prohibited on the island or the drainfield could be inadvertently destroyed. My review of the City Code reveals no such regulation (recreational vehicles are prohibited in the right of way, but it would be a stretch to say this rule is applicable to cars or trucks). So far, we haven't determined whether or when the 'no motorized vehicles' sign(s) were placed by the City. Because of the potential conflict with other uses that could impact or be impacted by a drainfield in the right-of-way, we would not recommend this option as the protection of your new septic system could not be guaranteed. Attached is a sketch that depicts a potential vacation/replat of the property. The process for accomplishing this requires that you have formal survey work completed, and you could easily have $2,000-3,000 in costs by the time you are done. If you want some assurance that a vacation/replat will ultimately be approved before you incur significant costs, you may wish to apply for a 'sketch plan review' at the January 21 Planning Commission meeting. This is an opportunity to gain input from the planning commission without providing all the information required for a formal replat. Either your application for a sketch plan review or for proceeding with a formal replat would have · to be submitted to the City with all the required information listed, by December 23 at noon to be considered for the January 21 planning commission meeting. Please contact me or Mike Gaffron at the City Offices if you have any questions. Sincerely, ./1;:1;:-,,;v.1rkr~ Steplen Weckman On-Site Systems Manager cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator . 7 X 940-5 0.\. X 947. 9 ~ r. .I ... -X 951 . 0 955.7 952.9 X /" = 50 I I I I I I I I I I I I I I I I ~ -11:L:) ~ l&I :i-o ~~ 8~ 3i: ~ <C ~ 8~ ;..a 28!. I (32) l~l AOOID) IPO ..... • :u"S • 29 • • I ...... • • • I~ ld ( 1) • • • • • • . . 8 28 ,~ I I ~ 27 ~ 8 ,f\ L01 4 ~ \J ~ t---ir-ml ~ I~ 50 I --• •• II l!{lffC/Jllll 'S SM!tJ!t) OL GtJWl!ffMlilff /J!f l ors ~ 22 zo)lc~~) } Jlil SICf lf/P! 22 ~kt;· ·r r«l!i!SIJIIP 11 f IJillt RF I T . 3 ___ f __ ".:.' _'.l~I-1..:s . 'b' k:-rt,t/\,L-{,..;~;,.;,;~ -?--------------------. ( 2) • • • • • • ••• • • • • • • • • I " °Z'"· -.I I I ~ ' . :5£) ··, ,:,,-, /: .. .. v-., I vi} I -------....... _, • • •• • •• • • • • • • • 1 II'::: !DO I L CITY OF ORONO 2750 Kelley Parkway , P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday , January 21 , 1997 , at 7:00 p .m ., on the matter of reviewing application #2201 , the vacation of dedicated road right-of-way proposed by George Adams , James Fieger and S. T. Robb , Jr., adjacent to properties addressed as 570, 580 , 590 and 600 Big Island , the right-of-way proposed for vacation being described as follows : That part of Pleasant View Lake Minnetonka, Hennepin County , Minnesota designated as street and park; which lies west of the east line thereof; which lies east of the northerly extension of the west line of Lot 3 , Block 1, Island Pointe, Hennepin County , Minnesota ; and which lies south of the south line of Lots 22 , 23 and 24 and its westerly extension in said Pleasant View Lake Minnetonka . All persons wishing to be heard will appear at this time . Written comments are solicited . A map of the right-of-way proposed to be vacated is available in the City Offices for review, by appointment. City of Orono By : Planning Commission Michael P . Gaffron, Assistant Planning & Zoning Administrator To be published the week of January 6, 1997 and January 13 , 1997 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 473-7357 Fax 473-0510 NOTICE The Planning Commissio n will hold a public hearing in the Counci l Chambers at 2780 Kelley Parkway on Tuesday, January 21, 1997, at 7:00 p.m ., on the matter of reviewing applicatio n #2201, th e vacatio n of dedicated road right-of-way proposed by George Adams, James Fieger and S.T. Robb , Jr., adjacent to properties addressed as 570, 580 , 590 and 600 Big Island , the right-of-way proposed for vacation being described as follows : That part of Pleasant · View Lake Minnetonka, Hennepin County, Minnesota designated as street and park; whic h lies west of the east line thereof : which lies east of the northerly extension of the west li ne of Lot 3, Block 1, Island Pointe, Hennepin County, Minnesota; and which lies south of the so uth line of Lots 22, 23 and 24 and its wester ly extension in said Pl easant View Lake Mi nnetonka. All persons wish ing to be heard will appear at this time . Written comments are solicited. A map of the right-of-way proposed to be vacated is ava il ab le in the City Offices for review , by appointment. City of Orono By : Plan ning Commission Michae l P. Gaffron . Assistant Planni ng & Zoni ng Ad ministrator (Published in The Laker and Pioneer Jan . 4, 1997) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A .02, 331A.07, and other applicable laws, as amended. which is attache wa cut fr lumns of said newspaper, and was printed and published once each week for I successive weeks : It was first published Monday, the _!)__ day ot-fP41-'4"-LUJJ..qL...--19 P/_ ' and was thereafter inted a published every Monday, to and including Monday, the._daym.i&'~-; ed Agent Subscribed and sworn to me on this By: KRISTI HOIJ~otary ublic N0 1 .t.RV PUBLIC -MINfE90TA MY COMM. EXPIRES 141.-00 Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $12 .20 per inch . (2) Maximum rate allowed by law for above matter: $12 .20 . (3) Rate actually charged for above matter : $7 .00 per inch. Each additional successive week: $5 .05 . fJ<f/ 1/rlux_ /2~;/~1 o~ Ao1 /f7~ 7t /~~P?/ d ~ ~ ~i/'1J} dro;1/4ncfo~ ~~ ~-/vd/~r~/~ ~~atJrf r ~ ~~ ltw~~~d~s~ Py;~~ UVTL¼, ~~ ~/ ~,/&~ fYJ..-~/7 ~ t2.J--:i..110 ~ ~;lJ--:i.1~1 /~ CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Tota 1 number letter. Date: of pages including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL-US AS SOON AS POSSIBLE. -; Phone: (612) 473-7354 and ask for: /Vl { !L-ef' Our telecopy number is: (612) 473-0510 Additional Message: CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Gemar, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2201, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 27th day of December, 1996. UNIVERSITY OF MINNESOTA Twin Cities Campus December 13, 1996 Stephen Weckman On-Site Systems Manager P.O. Box 66 Crystal Bay , MN 55323-0066 Dear Steve: Otolaryngology,Head & Ne ck Surgery Lions SM International Hearing Center Medical Schoo l Box 396 Mayo Memorial Building 42 0 Delawa re Street S.E. Minneapo lis, MN 55455 6 12-625-3200 Fax: 6 12-625-2 10 1 Offices : 8th Floor Phillips-Wangensteen Bu ilding 5 16 Delaware St reet S.E. Thank you for your letter of December ·1 0. Enciosed is a formal request to vacate . property behind the Robb cabin and on the lake side of the Fieger cabin in order to make a dra in field acceptable to the city of Orono and in compliance with the DNR requirements for the three cabins . The adjacent cabins to the west have a combined system. After assessment, having S and P review and evaluate the existing properties , this was the only feasible system that could be placed in the area. There was not acceptable space for a mound-type system. The only other alternatives that could be discussed were holding tanks that could be emptied every year or two . This system was not felt to be acceptable because of your fear that the tanks would not be emptied as frequently as may be necessary. The owners of the three cabins have agreed in writing to build such a project. The expense of the construction and materials will be paid by Mr. Fieger and myself, and Mr. Robb's contribution will be the property . We therefore request that the property currently unused and never having been used by any of the owners and unlikely to be used by anyone ever in the future, be vacated and designated to be part of the Robb or Fieger property depending on the desires of the planning commission of Orono. I also request vacation of the property behind my cabin. This would allow me to continue to clean and remove the waste that has been deposited there over the past 50 years , prior to my owning the present property. Additionally , if owned by an individual , it is less likely that others would use this property as a place to dispose of containers, bottles, etc., that should be transported to the mainland . In reference to your issues regarding a road , there are currently no usuable or functional roads on Big Island and as to my knowledge, there are no plans for ever developing such roads in the future. There are above-ground electric lines, but below-ground telephone lines. There is not now , nor will there ever be traffic on Big Island. The island is posted in numerous places with signs stating no motorized vehicles permitted on Big Island. To me, motorized vehicles include both recreational vehicles, cars , and/or trucks . I am certain that this is the desire of the residents in the area and of the city . It is also unlikely that anyone will be transporting such a vehic le to the island for any functional use as a car on Big Island would have no function and could be gotten there only during certain months of the winter (January, February) when the lake is frozen and only on those years when the ice is considered safe for an individual to drive to that area. Thus, requesting that the road be maintained has no practical value and should not be an issue in the discussion of the land for vacation. Further, the property to the east of the Robb and Fieger property has been designated unbuildable by the Orono City Council on previous occasions as there does not exist two acres above lake level. It is largely and primarily a swamp and lowland that is not considered buildable. Additionally, such property has access directly from the lake or through the swamp and has no need for an access through the Fieger property. Additionally, any access that would be required for walking or bikes or maintenance of electrical lines would certainly be recognized by individuals on the island, since it is they who benefit from maintenance of those lines. I request therefore, that vacation of the above-mentioned property with designation of such property to be that of Robb's and Adams come before the City Council in January. Enclosed is a $200 fee as required for this permit. Mr. James Parker of Advanced Engineering and Surveying will be providing you with his recommendations including more detailed maps of the proposal. A copy of S and P's recommendations for the septic system is enclosed. Mr. Tom Robb has informed me that he provided the Orono City Hall with a list he obtained from Hennepin County of property owners within 350 feet of the vacation. I have asked Mr. Jim Fieger to contact you regarding the proposals with the alterations of permanent right-of-way to be closer to his property and I hoped he has talked to you regarding this. If there are any other issues that need to be addressed prior to the upcoming Orono City Council meeting, please let me know right away by fax. Thank you for your attention to this matter. Sincerely, 4/~ George L. Adams, M.D. Professor and Head cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator Mr. Jim Fieger Mr. Tom Robb CITY of ORONO December 10, 1996 George Adams 9581 VirginiaAve. Bloomington, MN 55438 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Proposed septic system in platted right-of-way Dear Mr. Adams: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 After discussing your situation with Assistant Planning and Zoning Administrator Mike Gaffron, it appears there are three potential options available for you to consider: 1. Proceed with a vacation and replat of the right-of-way to move it into the northerly property so that the current and future public purposes served by a right-of-way in this location are not lost; 2. Simply request a vacation of the right-of-way; or 3. Request a permit for the installation of the septic system within the existing right-of- way. Each of these options requires a public hearing with the planning commission as well as formal approval by the City Council. In order for the City Council to approve any of these options, you must show that the proposed location of the septic system is the only feasible location, that no property on Big Island will be denied access as a result, and that there is no conflict with existing or future potential utilities (electric, phone, etc.), drainageways, etc. Relocating the right-of-way via a replat would leave your neighbor to the east (560 Big Island) an access to other existing platted roads on the island, would protect your proposed drainfield site by placing it on private property, and would preserve the public need for utility, access and drainage corridors. This is the option staff would recommend to the City Council (see attached sketch). Vacation of the right-of-way withou a replat might be approved by the Council, but in order to do so they would have to conclude that the property to the east does not need to be provided with access Telephone (612) 473-7357 • FAX 473-0510 to other parts of the island and vice-versa, and that there is no existing or future potential public purpose served by the right-of-way . From a planning perspective, it would be inappropriate to vacate this right-of-way without providing an alternative that serves the public need. Finally, if you request permission to install the septic system in the right-of-way without vacating it, you (and the City) would want assurance that motorized traffic is prohibited on the island or the drainfield could be inadvertently destroyed. My review of the City Code reveals no such regulation (recreational vehicles are prohibited in the right of way, but it would be a stretch to say this rule is applicable to cars or trucks). So far, we haven't determined whether or when the 'no motorized vehicles' sign(s) were placed by the City. Because of the potential conflict with other uses that could impact or be impacted by a drainfield in the right-of-way, we would not recommend this option as the protection of your new septic system could not be guaranteed. Attached is a sketch that depicts a potential vacation/replat of the property. The process for accomplishing this requires that you have formal survey work completed, and you could easily have $2,000-3,000 in costs by the time you are done. If you want some assurance that a vacation/replat will ultimately be approved before you incur significant costs, you may wish to apply for a 'sketch plan review' at the January 21 Planning Commission meeting. This is an opportunity to gain input from the planning commission without providing all the information required for a formal replat. Either your application for a sketch plan review or for proceeding with a formal replat would have to be submitted to the City with all the required information listed, by December 23 at noon to be considered for the January 21 planning commission meeting. Please contact me or Mike Gaffron at the City Offices if you have any questions. Sincerely, -~"'rk~ Step/en Weckman On-Site Systems Manager cc: Mike Gaffron, Asst. Planning & Zoning Administrator Ron Moorse, City Administrator + ---------------------------------·-------- C X ~1.8 C X 929,7 C C C + C 952.9 X X -------- .Ill. .Ill. ~ ~ Y1 0 X 940-5 I"\ ./ ... -------o·os,-~ --- 952.9 X 955.7 ~. 1 X 940.5 ,-. I ... -o·o.s,- 955.7 -' ~ --- 952.9 X X 929. 7 C LAKE t\11M~£7DNKA + 952,9 X · .. ----------.. -~ I _,-~--- .w. .w. -Yl ,/.ii. 11 t::J -·-.,_...,_ ·- CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION / Site Address. 026 Jlcj y/4,;,.,«';-CJ~e11a ,e..;;.,M,...n~-·-------- Type of Application t~ be Filed ·-;:;J , ; fr 7 Property Identification Number (P.LD/=i f"t :l-f-~/Jc?-f)-------- APPLICANT Phone (home) fY: 6 Hf 7 Name /h:t79e. I &~"' Phone (wprk) 6~S-~ 1//~ Address fS:c!Y Ut~c.ac... ¥~ City d/4«a:zo1c;.rDn Zip [J--Yc?cf- OWNER (if different than applicant) Phone (home) -------Name _______________ Phone (work) ______ _ Address City Zip ----------------------- Date P~~cqtured 60 /J 2~-----(month/year) I (do) ~also own the adjacent parcels of land. FEES -~IONAL USE PERMITS - --'-~--$ 7 755 .. 0010 For each variance request with CUP application ___ $175.00 Residential Accessory Use ---$250.00 Institutional (church, school, etc.) ---$225.00 Guest House/Guest Apartments __ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use ---$250.00 Land Alteration ---Grading and filling -designated wetland or floodplain __ Grading and filling -101 cu. yd. or more __ Grading, seawall, retaining walls within 75 1 of lakeshore PRD/PID -see Fee Schedule --- ---$150.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$250.00 Commercial Site Plan Review (+ consultant fees) _poo.oo Vacation V $200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment $100.00 Appeals --- Other -see Fee Schedule --- PRESENT USE OF PROPERTY~ Present Zoning District __ ....,..._~--- Present Use of Property 7 Residential __ Other (specify) _____ _ DEC-12-1996 09:45 6 6124730510 97% P.09 1 • VI Vi\..Vt,V tEf:I ....,._,, ___ ,_ t. CITY of ORONO MunkJpal Offices Street AddrtH: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY M1lllna lddn11: P.O. Box 66 Crystal Bay, M~ 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to infonn you that your request for a pennit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential infollI1ation. You are notified that: 1. The information you furnish will be used to detennine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the petn:1it or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Middle Address j/11/1 State I understand my rights as stated above. ~Cf.( I Last JJ'Y:Jcf- zip 7 Yi cr-(12 Phone S;tlf ,+,-~:.&:U~-c...L..L.:_.,_ _______________ _ DEC-12-1996 09:47 Telephone ('12) 413-7357 • FAX 413-0510 8 6124730510 97% P.14 ' (ai✓;;,_<:I JA-11 . '17 ./ -~- i i i ~- •, , ... \ '~r .. .. .. _ .. 114/IHEPIII {)Ot/NTY ~1.1"\X\.e sol:0-. · c/-eci~' co__ 1t. 'kv it kl I ic. :, iOr~ a.U sc~ 1 Ii ({5 s li . .._,.,,Y-1 I 1~ • ·J ♦ -~-... ... i· I . I - ,. I" • ·],.,,,..1-4-: ... ' .. :.,:: ., ' ·..._ ,. ~' r .J '. J .. ~ .•.. ·.r:. __ .__._. __ .' -•· ' -·"\ ' I 1 ) f ; ', ~ ,' t , ..... ,, t . f· ------------ ,. -· .... --~ . i/1'' ·r - ' ,,;;.: ·'\ "' "' .., I i· 11" 7. ' • 'a._ f' ' . , .. ,_. 1 4;{. ·• ~ ") ~ ),,.?- // ' ,. ~ .. J It ~~ .. i--· i:t~ ·! ... I '') ! -,,►-t:· I ~ ·r, ~ ..ro ~ $"(I .... -~ ~ ~ ~i ~ \ • ~ ~-~ ,.. ')/Y ?-~ ,,_JJ, ~ \ ; --· . . .,Q. I l...._ ~e. -.-J.. -~-~-.-!--....;._ .~-.,...e_ . I -·. ~· ~-.,. ··f!I',._ ' -w -. ,.. ,~ .... I :::· ......... ,· .J·: r • .·l -·-L ·• -__ ,., ' . >----.;,· I I ... 'I \: J ., ·, I ! i -:t:·-.. -...