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'$ $(!/Jiff!} tJf CtJPfglj/J}f}fi!T l ors g A& IP! $/EC r ltJPr! t1:1 rtKlli!SNIP 11? t!Ai!Cl .~ SNIDER'S SUBDIVISION OF LOT THREE(3) OF KITCl-lELS SUBDIVISION OF BIG ISLAND LAKE MINNETONKA (VACATED 49 MISC 393) LCT 3 ( I) ... ... . .· ~-. ... ····•···················•·•····••··•·••····•····· .. \ -··~····················································································/-.................................................... . 7 --CITY OF TONKA BAY CITY OF ORONO CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1785 NOTICE OF COUNCIL ACTION Date of Notice: 4/22/93 ------------------------------------------------------, _________ _ TO: David R. Carlson 2400 Mayflower Ave. Minnetonka, MN 55343 COPIES: Charles L Pegelow 12215 45th Ave. N. Plymouth, MN 55442 Donna Adams c/o D. Carlson 2400 Mayflower Ave. Minnetonka, MN 55343 _______________________________ , _________ , _______________________ , , ___ _ TYPE OF APPLICATION: Sudivision of a Lot Line Rearrangement ___________________________________________________ , DATE OF MEETING: 4/12/93 VOTE: 4 FOR 0 AGAINST ____________________________________________________ , ____________________ _ COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution sent prior to the meeting. David Carlson will complete the filing of the final plat resolution, covenants and drawings. You may be contacted by Mr. Carlson if additional information is required in order for a recording to occur. Please note that all taxes for the current year must be paid before the County will accept the subdivision for recording. ch MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 (*#7) #1783/#1784 DAVID CARLSON, 610 BIG ISLAND - VARIANCE/CONDITIONAL USE PERMIT -RESOLUTION #3265 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3265 for Applications #1783/#1784 for David Carlson, 610 Big Is I and, approving a variance to a I I ow a seasona I dwe I Ii ng to be constructed in front of the average setback I ine, and a conditional use permit to al low such construction within the flood plain. Ayes 4, nays 0. (*#8) #1785 DAVID CARLSON, 610/620 BIG ISLAND - FINAL SUBDIVISION -RESOLUTION #3266 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3266 for Application #1785 for David Carlson, 610/620 Big Island, approving the plat of Island Pointe. Ayes 4, nays 0. (*#9) #1795 LUANN WALTERS, 3800 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT -RESOLUTION #3267 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3267 for Application #1795 for LuAnn Walters, 3800 Wayzata Boulevard, granting a conditional use permit for a day care use. Ayes 4, nays 0. (#10) #1804 MICHAEL REVIER, 2691 ETHEL AVENUE - VARIANCE -RESOLUTION #3268 Mabusth explained the applicant seeks an average lakeshore setback variance for a proposed house to be located completely in front of the average lakeshore setback I ine, which has been determined based on an adjoining lot that Is platted with a narrow corridor to the lakeshore. The former residence located on the property was also in front of the average setback I ine. She reported Mr. Amundson, the most impacted neighbor, has no concerns. She ·Indicated that in a recent conversation with Mr. Kauffman, neighboring property owner to the southeast across the narrow corridor lot, that If his house were used to determine the average setback I ine there would be no need for the variance~ Mr. Kauffman had concern about the proximity of the proposed driveway to the lot line, and the applicant has proposed p I anti ngs a I ong the I ot I i ne to screen the drive~ The Runkles, adjoining property owners to the north of the subject lot, are In strong opposition to the project. 3 TO: FROM: DATE: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator April 8, 1993 SUBJECTS: A. #1781/1782 David Carlson, 620 Big Island -Conditional Use Permit/ Variance -Resolution B. C. #1783/1784 David Carlson, 610 Big Island -Conditional Use Permit/ Variance -Resolution #1785 David Carlson, 600/610/620 Big Island -Plat of a Lot Line Rearrangement -Resolution A & B Application #1781/1782 At Council's December 14, 1992 meeting, Council granted approval of multiple land use applications approving the installation of new seasonal cabins on proposed Lots 1 and 2 to be located within the flood plain of Lake Minnetonka requiring special foundations that allow for water to flow freely beneath the structure. As lots are located on a peninsula, average lakeshore setback variances are also to be granted. A variance to Section 10.31, Subd. A was required that all new construction on Big Island to be placed on solid support foundations, both Watershed District and DNR allowed only frost-depth footings. Approval resolutions could not be acted on until the final plat of Island Pointe was presented for formal action by the Council. Please note the existing cabin on Lot 2 located 4' from a side lot line shall be razed on or before August 1, 1993 (review Exhibit B). The enclosed approval resolutions have been drafted per the findings and conditions set forth in Council's original approval. C Application #1785 Final Subdivision Resolution The applicant has fulfilled all conditions of Resolution #3215 (Exhibit A), the resolution granting preliminary approval of the plat of a lot line rearrangement of the properties located at 600, 610 and 620 Big Island. The subdivision application involved not only the realignment of shared lot lines but involved the creation of a private easement for the sharing of a septic system to be located on both Lots 1 and 2. 600 and 610 Big Island are platted as lakeshore lots and reflect the historic use. The enclosed resolution has been drafted for Council's review and formal action. ch A RESOLUTION APPROVING THE PLAT OF ISLAND POINTE FILE #1785 WHEREAS, the City Council has considered the application for a subdivision of a plat of a lot line rearrangement by David R. Carlson, (hereinafter the "subdivider"); and WHEREAS, the subdivision has found each lot is of a size and configuration that would allow the continued use for seasonal dwellings or to be redeveloped without the need of any variances; and WHEREAS, the property is located within the RS, Seasonal Recreational Zoning District and the proposed subdivision to rearrange lot lines shall improve building envelopes for new construction and for existing structures and improvements; and WHEREAS, per Section 10.31, Subd. C-1 the lot line rearrangement between the abutting RS properties will not create an additional building site; and WHEREAS, the proposed lot line rearrangement has been found to satisfy the required standards set forth in Section 10.31, Subd. 7 and will not reduce lot width to less than 50' in width; and WHEREAS, per Section 10.31, Subd. 18(E) the subdivision will not reduce any required setback to less than 10'. The existing seasonal dwelling on proposed Lot 2 shall be removed and replaced with a new structure that shall meet the required 10' setback from the newly proposed shared lot lines between Lots 1 and 2; and WHEREAS, the proposed lot line rearrangement will provide Lots 2 and 3 with legal lakeshore yard areas as properties have historically been used as riparian to Lake Minnetonka; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Page 1 of 3 1. Completion of all the requirements of Resolution #3215. 2. Execution of a covenant providing for the shared use of septic system and septic tanks located on Lots 1 and 2. The covenant includes the location of the septic system and tanks with special precaution to protect drainfield sites during construction and the need to stake the area prior to any land alteration. Said covenant also limits the seasonal dwellings on both Lots 1 and 2 to 2-bedrooms. 3. Payment to the City for the legal review and filing of the plat and covenant in the amount of $200. 00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Island Pointe, Hennepin County, Minnesota; subject to the following conditions: 1. Owner/applicant shall remove existing seasonal dwelling on Lot 2 by August 1, 1993. Applicant shall obtain the required demolition permit from the City prior to removal. 2. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles Office on or before October 12, 1993 together with a certified original copy of this Resolution and executed copies of the covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 Dated this 12th day of April, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 1993, by Edward J. Callahan, Jr. & 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 My Commission Expires Page 3 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3215 NO. _______ _ A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT OF THE PROPERTIES LOCATED AT 600, 610 AND 620 BIG ISLAND FILE NO. 1785 WHEREAS, David R. Carlson (hereinafter "the applicant") on October 23, 1992 filed a formal subdivision application with the City for approval of the creation of a private easement for the purpose of sharing the use of an on-site septic system and a subdivision of a lot line rearrangement of properties legally described as Lots 14, 15, 16, 17, 18 and RESERVE, "Pleasant View at Lake Minnetonka," Hennepin County, Minnesota, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 16, 1992 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on December 14, 1992 the Orono City Council considered the subdivision application of David R. Carlson, (hereinafter "the subdivider"), noting the following findings of fact: 1. The property is located within the RS, Seasonal Recreational Zoning District requiring a minimum of 5 acres of contiguous dry buildable land within each newly created lot. 2. The purpose of this subdivision is to rearrange lot lines in order to improve building envelopes for new construction and for existing structures and improvements. The subdivision does not create a new buildable lot. 3. Per Section 10.31, Subd. C (1), lot line rearrangements between the abutting RS properties will not create an additional building site. 4. The proposed lot line rearrangement has been found to satisfy the required standards set forth in Section 10.31, Subd. 7 and does not reduce lot width to less than 50' in width. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3215 5. Per Section 10.31, Subd. 18 (E), this subdivision will not reduce any required setback to less than 10'. The seasonal dwelling at 610 Big Island shall be removed and replaced with a new structure that meets the required 10' setback from the newly proposed shared lot line between Lots 2 and 3. 6. The proposed lot line rearrangement will provide 600 and 610 Big Island with legal lakeshore yard areas as properties have historically been used as riparian to Lake Minnetonka. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of David R. Carlson for the properties located at 600, 610 and 620 Big Island per the survey dated February 14, 1992, revised September 1, 1992, by Theodore D. Kemna of Schoell and Madson, Inc., subject to the following conditions: 1. Applicant to execute a covenant/easement providing for the shared use of septic system and septic tanks located on Lots 1 and 2. Such document should include the location of the septic system and tanks with special precaution to protect drainfield sites during construction with the need to stake the area prior to any land alteration. Covenants must also contain language limiting cabins to two-bedroom level use. Covenant/easement must be in a form suitable for filing against the Chain of Title of both properties. 2. Applicant shall provide a removal date for the razing of the existing cabin on Lot 2 as Section 10.31, Subd. 18 (E) will not al low a setback less than 10' from an interior lot line. The current cabin is located approximately 4' from the newly designated shared lot line between Lots 2 and 3. All new construction shal 1 meet the setback requirements for shoreland properties and of the RS district. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: -.... CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3215 Page 2 of 4 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Please note mylars must be signed by a 11 persons with an interest in the property. Drawing to include: A. Lot lines platted per preliminary survey by Theodore D. Kemna dated February 14, 1992, revised September 1, 1992. B. Dedication of "drainage and utility easements" 5' wide along all perimeter and interior lot lines. 2. LEGAL DOCUMENTS required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and executed covenant/easement required in Condition 1 noted above. Such covenant/easement to be in a form suitable for filing against the Chain of title of both properties. 3. FEES TO BE PAID: Total Due $200.00 A. Legal review and filing fees of $200.00 Page 3 of 4 ., . ,--,-e ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 32 15 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of December, 1992. ~(}.~~ Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of December, 1992, by Barbara A. Peterson & 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. . LINDA S. VEE NOTARY PUBLIC· MINNESOTA HENNEPIN COUNTY My commission expires 8-12-118 Page 4 of 4 STATE OF MINNESOTA ). ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #3125 I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore-going copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on December 14 , 19 92 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this l 7th , day of ----+1------------, 19_9_2 __ (SEAL) January 25, 1993 Council Memb ers City of Orono Orono, Minnesota Dear Co uncil Member s, This letter is to inform you that the cabin now located on the property at 610 Big Island will be removed on or before August 1, 1993. tfully yours, CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: David R. Carlson 2400 Mayflower Avenue Minnetonka, MN 55343 APPLICATION NO. 1785 NOTICE OF COUNCIL ACTION Date of Notice: 12/16/92 COPIES: Charles L. Pegelow 12215 45th Avenue N. Plymouth, MN 55442 Donna Adams c/o Dee Carlson 2400 Mayflower Avenue Minnetonka, MN 55343 TYPE OF APPLICATION: Subdivision of a Lot Line Rearrangement DATE OF MEETING: December 14, 1992 VOTE: 5 For O Against COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution enclosed herewith. Applicant must provide to the City all requested information and complete improvements required for final plat approval as noted in the preliminary plat approval resolution. Please note preliminary plat approval expires one (1) year after the date of the resolution (December 14, 1993). Note that prior to filing of the final .P!at at the final subdivision approval, all taxes for the current year must be paid. Please be advised that all documents to be submitted with the final plat must be received at least two weeks prior to the meeting at which time final subdivision approval will be granted by the Council. For more detail refer to preliminary plat approval resolution. Please contact Jeanne Mabusth (473-7357) if you have any questions pertaining to the directives noted above or as set forth in the approva 1 resolution enclosed. ch To: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: December 9, 1992 Subject: #1785, #1781/1782 and #1783/1784 David Carlson - 600, 610 and 620 Big Island -Preliminary Subdivision - Resolution, Variances and Conditional Use Permits Brief Review of Application Mr. Carlson's comprehensive land use application consists of a lot line rearrangement involving three substandard parcels approved by ordinance for seasonal dwelling use located at 600, 610 and 620 Big Island. The lot line rearrangement provides Lots 600 and 610 with lakeshore yards. Historically these properties have had residential docks and have been used as lakeshore lots (review Exhibits E and F). The subdivision also provides for the sharing of an on-site septic system on both Lots 1 and 2. Tanks are located on Lot 1. Drainfield area is within Lot 2. All are located above the 931.5 or flood plain elevation. The use has been approved by the on- site septic manager. Sharing of the septic system will require the execution of a covenant/easement providing for the shared use and maintenance of the septic system and septic tanks. The septic system has been designed to serve a four-bedroom use level. Each cabin on Lots 1 and 2 wi 11 be limited to two-bedroom level use. The existing cabin on Lot 2 is located approximately 4' from the newly placed side lot line. This cabin will be removed and a new cabin reinstalled meeting the 10' setback. Review of Applications 11781/1782 and 11783/1784 Applicant proposes the installation of new seasonal cabins on Lots 1 and 2 that will be located within the flood plain of Lake Minnetonka requiring special foundations that allow for water to flow freely beneath the structure. Review Exhibits. Note the properties are located on a peninsula. To install new structures on both Lots 1 and 2, an average lakeshore setback variance is required and a conditional use permit and variance as cabins will be located within the flood plain, a protected area. It should be noted that both DNR and MCWD will not allow filling within the flood plain and will approve only frost depth footings for each of the cabins. A variance to Section 10.31, Subd. A wi 11 be required as al 1 new construction on Big Is land must be placed on a solid support foundation. Zoning Applications #1785, 1781/1782, 1783/1784 December 9, 1992 Page 2 Planning Commission Recommendation The Planning Commission unanimously approved the lot line rearrangement and variances and conditional use permits for new construction on proposed Lots 1 and 2. The Planning Commission adopted the conditions of approval set forth by staff in the attached staff memos. Councilmembers are encouraged to review the enclosed memo for greater detail. Council Action The enclosed preliminary subdivision approval resolution has been drafted per the Planning Commission's recommendation. Please note that the resolutions for variance and conditional use permits for the new construction on Lots 1 and 2 cannot be drafted until the final plat is presented for Council's action. As for Application #1781/1782 and #1783/1784, Council may provide conceptual direction to staff to provide the required approval resolutions at the time the subdivision is presented for final Council approval at a later date. lsv Zoning File #1785 November 13, 1992 Page 5 Applications 11781 and 11782 620 Big Island -Variances and Conditional Use Permit Applications 11783 and 11784 610 Big Island -Variances and Conditional Use Permit Pertinent Ordinances 1. Section 10.55, Subd. 4 (B) -Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe in the Flood Isurance Study including without limitation the shoreline of Lake Minnetonka between elevations 929.4 and 931.5, the area between the floodway and the edge of the 100-year flood elevation. Review Exhibit S. Note that new construction will be located entirely within flood fringe area. Septic tanks and drainfield areas are located above the flood plain elevation at 931.5 2. Section 10.55, Subd. 7 {B) -The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. 3. Section 10.55, Subd. 8 -Development restricted. No filling, grading, temporary or permanent structures will be allowed within the flood plain. 4. Section 10.55, Subd. 10 -Permitted and conditional use permits. Only structures allowed within flood fringe area are listed under conditional uses. They are accessory structures such as open decks and patio or other accessory uses not specifically listed when approved by the Council but no use shall be approved which will restrict or obstruct any flood flow or which wi 11 raise the leve 1 of any flood flow. Seasonal structure use is not addressed. 5. Section 10.55, Subd. 14 (B) -Conditions attached to condi tiona 1 use permits. Flood proofing measures in accordance with State Building Code and Federal Flood Regulations -Applicant shall submit the plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. This section suggests more intense structure than decks and patios. 6. RS Standards -Section 10.31, Subd. 8 -Required setbacks. Refer to Exhibit F. Street= 30' Interior lot lines= 30 1 with lot widths at 100-199' Interior lot lines= 10' with lot widths at 1-99' Zoning File #1785 November 13, 1992 Page 6 Lot 1 Required = 75' Proposed = 75' Required interior lot line = 30 1 Proposed = 30' Lot 2 Required = 75' Proposed = 75' Required interior lot line = 10' Proposed = 10 1 7. Section 10.31, Subd. 9 -Lakeshore hardcover regulations. 75-250' setback area Lot 1/620 Big Island Total area= 11,880 s.f. Allowed= 2,970 s.f. or 25% Proposed= 1,926 s.f. or 16.21% Lot 2/ Total area= 17,280 s.f. Allowed= 4,320 s.f. Proposed= 1,409.25 s.f. or 8.15% 8. Section 10.31, Subd. 10 -All structures limited to 30' in height. Lot 1 structure proposed at 28' height Lot 2 structure proposed at 23' height 9. Section 10.31, Subd. 11 -Building construction standards. A. Foundations required. Al 1 new or remodeled seasonal dwellings or guest cabins and all principal dwellings shall be placed on a permanent frost depth (42") solid masonry or treated wood foundation that completely encloses the entire perimeter of the building. Also consider Section 10.55, Subd. 11 which directs that no structure, temporary or permanent, will adversely affect the capacity of the f loodway or increase flood height. Permanent frost depth foundation would be in complete conflict of directives of flood plain regulatory guideline. All construction shall be subject to Section 10.31, Subd. 11 (A-G). 10. Section 10.22, Subd. 1 (B) -Average lakeshore setback variance required -0 encroachment. Zoning File #1785 November 13, 1992 Page 7 Lot 1 Proposed= 90' Lot 2 Prposed = 23' List of Exhibits -Variances and Conditional Use Permits G -Application #1781 H -Application #1782 I -Hardcover Fact Sheets J -Planning Commission Minutes 6/5/92 K -DNR Letter 11/5/92 L -Elevations M -Floor Plan N -Application #1783 O -Application #1784 P -Hardcover Fact Sheets Q -Foundation Plans R -Elevations and Floor Plans S -Staff Sketch Review of Application 11781/1782 Mr. Carlson has now located the new seasonal cabin out of the 75' setback area meeting the required interior lot line setback of 30 1 • The structure is completely located within the flood fringe area of Lake Minnetonka (929.4 -931.5). The first habitable floor must be placed at the regulatory flood plain elevation of 932.5. The applicant has also applied for a permit from the MCWD to determine if compensatory excavations wi 11 be necessary. Staff has been in contact with the Watershed District and they have advised that they concur with the DNR directives. Review Exhibit K -Richter's letter reconfirms that fill will not be used to elevate structure and that cabin must be securely anchored by a foundation designed by either a certified architect or engineer which allows water to flow freely beneath the structure. Review Exhibit Q -the foundation plan for both structures has been designed by licensed architect and provides for frost depth footings with screen/mesh panels along perimeter. In order to meet the intent of the RS district, he is providing screening along the perimeters of the structure to prevent destruction by animals. A variance is requested to allow proposed foundation where RS district requires permanent frost depth foundation of either solid masonry or treated wood foundation that completely encloses entire perimeter of building. Applicant has filed a conditional use permit/variance application to permit foundation to be placed below the 931.5 elevation. In reviewing the survey prepared by Ted Kemnar of Schoel 1 and Mads @n, the shoreline has been shown on three dates. The darkened line has been confirmed at the 929.72 elevation on February 12, 1992. The 929.4 elevation would be out further somewhat slightly below the second lighter line shown at 929.5. Zoning File #1785 November 13, 1992 Page 8 The applicant has the option to revise survey so that setback can be extended lakeward. The seasonal cabin has been designed with a loft area. Height has been taken to the top of the structure measuring 28' total height. The maximum height for seasonal dwelling proposed in excess of 800 s.f. with a water-activated toilet requires on- site sewage treatment system. The existing cabin on Lot 1 is located within both the lakeshore protected area and the flood plain. Review of Application 11783/1784 -Lot 2 610 Big Island As applicant's addendum notes, he is in the process of purchasing property with a Contract for Deed. It is Mr. Carlson's intention to build a new structure within the proposed building envelope. Review Exhibits Rands. The existing cabin is located out of the lakeshore protected area but within the flood plain of Lake Minnetonka. Applicant must provide deadline date for removal of existing "now" non-conforming structure. Mr. Carlson has advised that the structure is not worth saving and must be demolished. The structure is shown at a maximum height at 23'. Foundation for the seasonal cabin on Lot 2 will be of the same type of design as the one to be installed on Lot 1. Once again the MCWD has stated that compensatory excavations will not be required as long as the design of the structure will allow water to flow freely beneath it. Recommendation Any recommendation of approval must include the following conditions: 1. Upon application for a building permit, applicant must provide the following: A. Foundation design by either a certified architect or engineer. B. Permit from the MCWD. C. Topographic detail confirming elevation of first habitable floor (minimum 932.5). D. Drainage plan to include erosion control. Such measures must be in place during the construction. Zoning File #1785 November 13, 1992 Page 9 2. In the case of the seasonal dwelling on Lot 2, applicant must provide a reasonable deadline date for their removal of the structure. 3. All building construction shall be subject to all pertinent standards as set forth in Section 10.31, Subd. 11 of the RS District. If Applications #1781, #1782, #1783 and #1784 are to be approved, the following variances must he z~d: ~L...a_~; 1. Variance to average lakeshore setback line. 2. Variance to allow excavations and structures where no such activities are allowed (Section 10.55, Subd. 8). 3. Variance to allow frost depth footing and not a solid support foundation (Section 10.31, Subd. A). and a conditional use permit for land alterations within protected area. lsv _1-S\.J.-tur:::::. ~l"----* C.Lo1 I~ 'i=>""'-ic..c_i::1,....Co'Z.O} HARDCOVER CALCULATION WORKSHEET . SETBACK ZONE: (CIRCLE ONE) 0-75' §0 250-500' 500-1000' EXISTING HARDCOVER IN ZONE -------------------------- A, · House X _____ = _____ S,F, LENGTH 29· X 1:7-X Co,S X X B, GARAGE X c. DRIVEWAY -----X X D,. SIDEWALK ____ _ X Sc.C2EcNE0_ ?og.c"4. \'2... X E, PAno/ DECK F,lANDSCAPE AREAS UNDERLAIN BY PLASTIC SHEETING . ·\ 2 _· ·I 2. ----- X X X X X WIDTH 3 Cc, ""Ls C '2- \4- 3 la C\ .. S _____ x ____ _ G, OTHER _____ x ____ _ = (b44 S,F, = 90 S,F, = 78 S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = ! L.-,P.., S,F, = 432-S,F, -. f 14 S,F, = S,F, = S,F, = S,F, = S,F, = S,F, ------------- ' TOTAL HARDCOVER IN ZONE IC\ 2-lo S,F, m TOTAL PROPERTY AREA .IN ZONE \ l8BD S,F, [!] . X 100 = l(,, .. '2.\ % MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 15, 1992 (#8) #1745 DAVID R. CARLSON, 620 BIG ISLAND - VARIANCES -PUBLIC HEARING -7:50 -8:12 P.M. The Affidavit of Publication and Certificate of Mai I ing were noted. David Carlson was were present. Mabusth explained that a bui I ding inspection confirmed that the cabin is constructed on pier footings 16" deep, 7.5' on center, and do not meet existing standards. The ·applicant has submitted an amended plan which maintains hardcover at the existing amo~nt. A setback variance for the 0-75' area would need to be approved. Chair Ke I I ey asked about the condition of the cabin. Mabusth reported that it is not as bad as adjacent structures. The cabin was bu i It in 1963. The app I i cant proposes to rep I ace the roof, siding and windows. She -explained that the applicant has withdrawn his request for a holding tank and has agreed to remove the sink. The structure is under 800 s.f. in area, and per Code, would be al lowed an outhouse if the outhouse is able to meet al I pertinent standards. Chair Kelley said that if the building were being proposed in its present I ocat ion today, it wou Id be den I ed. He asked if the foundation can support the proposed improvements. Mabusth stated that the inspect6r confirmed that ·the foundation is adequate to support the existing structure, but would not comment on any future upgrades to the structure. Bel lows suggested they require certification of the foundation by a structural engineer. Carlson requested that the Planning Commission recommend approval of the app Ii cation with the condition that it be inspected by a structural engineer so the project wi I I not be delayed. Peterson asked if Car I son proposed moving the bu i Id i ng if the piers are found to be inadequate. Carlson reminded him that this is on an island, and it would. be very difficult to make a vertical move. Mabusth noted the structure could be located further back on the property, but wou Id st i I I require interior I ot Ii ne setbacks. variance. 1 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 15, 1992 ZONING FILE #1745 -CONT. Bel lows said she would be more amenable to such a request. Chair Ke I I ey said that because of the st ructura I needs of the bu i Id i ng, he wou Id not be w i I I i ng to make a recommendation of approval to the Counci I. Rowlette noted that the repairs being proposed appear to exceed 50% of the valuation. It was moveti by Bel lows, seconded by Rowlette, to recommend denial of Application #1745 for David Carlson, 620 Big Island, for variances, based on the fact that the proposed alterations exceed the al lowed 50% I imit and there Is available land to allow placement of a structure requiring less of a variance. Ayes 5, nays 0. Mabusth informed Carlson that his application would now go to the Counci I with a recommendation of denial from the Planning Commission. She asked if he would rather have the application tabled to al low him time to revise his plan. Carlson asked that the application be tabled. It was moved by Bel lows, seconded by Rowlette, to withdraw the previous motion. Ayes 5, nays o. It was moved by Bel lows, seconded by Rowlette to table Appl I cation #1745 for David Carlson of 620 Big Island, to al low the applicant time to amend his proposal. Ayes 5, nays 0. (#9) CHARLES CUDD COMPANY, 2110 SUGARWOOD DRIVE - REQUEST TO REVISE DRIVEWAY ALIGNMENT Mr. Bonner was present. Mabusth explained that standards were developed at the conception of Sugar Woods. This is the Cudd Company's first time bui I ding in Sugar Woods. The lot in question is the southern lot on the loop road with the retaining wal I. There is a large bass wood on the property. Portions of the drive exceed the maximum allowed width of 20' within the 50' setback area. The bui I ding permit was Issued with the understanding that those standards would be met. The house has been located as far to the rear as possible as there is a sheer drop behind it. 13 -· ~--._._ -.--~••7-.,. \. , .. 1-· I C p.. ?i ~~ 0 N ·C ;,... t, I N ° ~A.k~ M _! NN E.~O};J K~. . f ·1~ 1-Z... lf~•• -:\l , 0~ .. r , .. ~ ........ . ,. • w•• -~•-• -•• .. • •--••-•-~-•• _C: A 'r-i . l., 'v () N . C p.._ e, \. N L A-K'B -~. ''2.1. "\"e \\,o -:;. r: N\ \~NE-10NK~ t/'b 11 :: \ 1, 0 11 ·,, ,.. r• :• r I , I I i- i I: I :;,-. ]Clt=1Cll lEiHETI/ ~ c.i,-e>-.-r •·~---~.ro .M I J I ·y·· .. ·[:JI\ ' . ' . . \ . . -., \, . J . J 1• 'le L- I . I I ··li:.........:._· __ ··.:.c.._.-~_.-l I· . -, . . I_ :r =~~I~~ . ·1 -I ·_. -:~ ~ I. t.i _i o "o o ·M ,·· 2 · ~ C:.. I'\ I>_ ~ N f. 0 Po?.·71-l r s==:==~=111 ~++-lt++-l+W+III _ .. ·I L I t-+.-t-+.c±rlc:-!rl ......... , ,· : .. , .. _ .. .-.: .!' .... : 1/\(\' ' V \ "':':' ~· .:. . . . . . ·.i•'•,· \:- .,··.:r ) . • r.· •·.:: ..... ·. ,#17~?> CITY OF ORONO -VARIANCE APPLICATION # Initial Application Fee $175.00 {$50.00 per each additional variance) Renewal Variance Fee $100.00 {no change from original application) Variance for non conforming use $200.00 01 GEN ~~~=~=~~==:~~~-:==~-~~~~~==-~:::~~~:~~~-===~ --~--PiD /./a1r1JcR..S PROPERTY INFORMATION 175.CO Property Identif. Number {P.I.D.) Attach legal description to appli_c_a_t_i_o_n_i_f_n_~-t-n,-,e-.-.,. .. i.-AJ-r 1/iE W ,:1,l.~J(e/>11NAJdo-JJ'/(.J.,,; included on required survey. HJ.i LofJi~ r~ -' Date Property Acquired _________ {month/year) I ~(do not) also own the adjacent parcels of land. 1 Present use of property: __ residential __ other (specify) ~UIYJ/lle.~ t'A/3i~ Zoning District: ----------- APPLICANT Name /JA11io R . /!a,f/so/J Address: 24bt> /J1dy£/4we-4 Ave OWNER (if different than applicant) Name Phone (home) .S-.1// -/6 ;S'?J Phone (work) 93't-~tf'S3 city: /PtAJNe/ot.Jka zip: SS.3'13 Phone (home) ...S-..s-9 -9..3¢3 Phone (work) 33.:l -~....V;L City: ef.,lf/but:/ ---------------------------------------------------------~---------------m DESCRIPTION OF REQUEST . Estimated Construction Co~f""'$S"O£>O +-o 3 ~~~.oa ~~ /?t!!metr-e. £y,1s.-i-1rJ<.. c:~£?1~.-.l?ep/.1.c::e... '-vrrl, C-?-bt~ D . b t . d t · 1 /1/D'-'l dr &.A.LI /31 <:. Xsl~Nd ~ I:/ .s,ulcl A.Ale&.; ea-b,t'lv ~ escri e requep in e ai : ' , . , fe~Nli'a.1.Jc;e. Lot-J..1AJe.s., hJ...Low /.,IJl)/UC ,~ Flu.1 c} Ffl IN~ e 0 1 ~h1c't-1 Zed--An-e.a... -----v-,1;-7;raN-<!"e:'-7Tr7'7rDu""J.-,-~~-y .. -,~/i,5"c;r~;;#t'eF~-Z>s:-di2-~~~,,-e;;r;:_------- VARIANCES REQUIRED t....iJt~ --¥'.-~ot Width Lot Area -p,.r),~ r:;elcJ X Setback: Front Side Hardcover Lot Coverage /7£5 Rear 7t> Average Lakeshore Other (specify) --------------------------- HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements: ___ _ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the apPlication deadline date in order for your apPlication to be considered complete: 1. __ Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. __ Plat Map (obtained with property owners list). 4. __ Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8½"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes --in existing grade are proposed (provide one copy 8½"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8½"xll"). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and cor~re best of his/her knowledge. Applicant's Signature ~ Date _________ _ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month.' Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I Site Address B& 1-c.f l'f-':J..:l.tl/7-.2...3-31-&J<J/2- Property Identification Number ( P. I .D. ) .t..of-I~ -:,.. :i. -11 z-.l..3 -.31-001 .3 i-ot-I~ -;J.,';)..-117-.23 -3 1 -00.1 'I L~j-/7 -..l:.l.-/1?-.:l-3 -.Ji -C)C/~ 1..6-T IS' ~ .4.;t_-ll?-.13 -31:-iJdl{,. 6 2{)().(J(J Please attach legal description to application if not included on required survey. A-J..J.. .J.0-f.s ~"" ''p/eJS.ll-~-t J/iei-v af-/4~lre .41,,N"'e'IDA-1/(d ✓,, / .• ,. -. --------------------------------------------------------------------------- APPLICANT Phone (home) SL/J-/t;S-(J Name 04-J)fQ /?. {14~ko/J Phone (work) £3'1--'/:c9-5-3 OWNER (if different than applicant) Phone (home) 5..S-9 -9..3 43 · Name cAa.oles. L, Pe.G-e.low Address l.:l~JS-"/-St/ /J.ve. ff~ .r , Phone(o Ff,) , ;? "?.1 -42/42--"' City Ph-?Mt«d zip s-s-~ sti. > Date Property Acquired---.----,,....,...-------=---(month/year) I ~ (do not) also own the adja.cent parcels of land. FEES -CONDITIONAL USE PERMITS - ./ $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration I Grading and filling -designated wetland o ~plain Grading and filling -101 cu. yd. or more ___ 1 Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see fee schedule Renewal Fee -$100.00 (no change from original application) After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Other - Commercial Site Plan Review(+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD -refer to fee schedule) Comprehensive Plan Amendment Appeals . see fee schedule # PRESENT USE OF PROPERTY Present Zoning District Present Use of Property ________ Residential Other (specify) t I D,,.!l::)f;;,.,'<,c --------------------------------------------------------------------------- DESCRIPTION OF REQUEST ~ Describe reqv.est in ~etail: em0v-e-,!::?)<!,, J-,).,,c,, ~ /le '/ ,d. c e.. w 1 :1--h (! ;;i..b / · Al tJ w a r-6 20 BI c. J:.S a,,c. 1&rl"?. &- --------------------------------------------------------------------------- REQUIRED SOBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obta. this list from Hennepin County Department of Finance A-603 Governme: Center 348-3271). · 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOO ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11• X 17• OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember·that your application is not complete if the above information has not been included. ---------------------------------------------------------------------·----- Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ________________ Date _______ _ --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the .bet of his/her knowledge. Applicant's signature OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members., and Council members for purposes of investigation and verification of this request. Owner's signature Date ---------------------------------------------------------------------------Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. p,411,cel lti!O g,c;rs/.e,1J(i_0 t 2_) HARDCOVER CALCU~TION WORKSHEET . SETBACK ZONE: (CIRCLE ONE) 0~75' ~ 250-500 1 500-1000 1 ""Pi2..o~O::>~O ~ .fxrs1J~G HARDCOVER IN ZoNE A,· HousE _____ x _____ = _____ s,F, B, GARAGE LENGTH WIDTH ____ 2_8=x=3~0=----= ----~l~~x__._l"L-=----= C QDB S,F, \4:X S,F, -----X -----= -----S, FI -----X -----= -----s. FI -----X -----= -----S, FI c. DR"IVEWAY _____ X -----= -----S,F, ----'---X _____ = _____ S, F, D,. SIDEWALK ____ _ X _____ = _____ S, F, 7 I'S E, PATIO/ DECK 3 F,lANDSCAPE ----- AREAS UNDERLAIN BY PLASTIC SHEETING G, OTHER X X X X X X X X t \o.S '=-2.. = _._._..__ ___ = ___;,__.,_s.;;.__;;;.o __ s IF I ) /b .s ---=---= _ __...;4_9.:....;;·._s __ s. F. _____ = _____ S,F, _____ -_____ S,F, _____ = _____ S,F, _____ = _____ S,F, _____ = _____ S,F, ···roTAL . HARDCOVER IN Z □NE ToTAL PROPERTY AREA IN ZoNE I 4-69'..-z.6 s IF I [IJ \] 1 2-80 S,F, [il 0 14-t:>9.2.S : ITJ l 7, Z..80 X 100 = B-IS ;0/ ---- :/o p G u y D. W i I I i a m s ARCHITECT 2542 29th Avenue South Minneapolis, Minnesota 55406 612•722•7269 CAFl\,SO N CA'o\N t-.A-~~ M \'NN ~TON KP... 11 · 4" · '11... -C\l 'P ~-:, T oc..~r:;; N· '---'----+-------t l~' W\D~ O~N \N CD. \ ~~ E:ACJ-t '$\c:$ of 'o\..CXo. 7\f, m W~TT'r-1 S\-\~Q fi ~lP.~M~ITT' __ f-:-olJNbh~\O~ _ ~f:>.-1._\... D~-r AtL-:---_-~ J_:'7~•-::---:::_~--l-'::_ __ • _0 1 ' ·: 5 o U1 H "B l-~ V P....1 \ o N \.... o .,--Z.. 0 \_ p,... 'l'-'E-~ i N Nc:,oN~. 10 · ,z..e,. 'TT... PRELIMINARY PLAT OF : ISLA _ND ~OINTE ~ -@- I ("=30' This drawing has been checked and reviewed t his r-t rtz day of __,E_e pr'1.Jft.C.¥--• 19.'}_£, REVISIONS REVISION 1-'c:~-=-tc"~-•~-•~-t==~==="---'i====-1 CK'O BY el ·on -., ,;,zO I hereby c.crt1 fy th,n(th ls survey was prerared under my supervis i on and that I a"I a Li censed Land Surveyor unde r the laws of the State or Mln11cs ota •. 1 .. //4--:0-7"1.. ~Le c. (_ -~~C t l o. Theodore 0. l:.emna Date: Feb .l'2:, 1~~2 license No . 17006 \ \ \ q n - \I \-if, 11 ? O • SCHOELL & MA DSO N , INC. ~ ENGINEERS• SURVEYORS• PL ANN ERS _.=. SOIL TESTI NG• E NVIRON M ENTA L SER V ICES -~-M11~~8e0r:N,..:!,"~~.8~~~~3 ' ~ 115121 5 4 6 -760 1 F A lt: S415 -90ti5 '? of Lo/ 11 ~-//) ' ,, , () ,··· DESCRIPTIO N: ( 9, . . , . Ll ~ OeTA/L {"=10' 0 ,,; ,f Lots 14, 15, 16, 17, 18 and RESERVE,j "Pleasant View at La ke Minnetonka," according to the recorded plat thereof. GE NERAL NOTES: I I. • -Denotes iron monume nt founi:1 . 2. o -Denotes wood stake set. I 3 . Proposed Lot Areas: : Lot I • 47, 290 ± squ a re f~et Lot 2 • 22, 730± square feet Lot 3 • 15,240± square f~et 4 . All lot distances are by scale .. 5. x931 .5 -Denotes existing spot elevation . 6. Revised May 19, 1992 to s how details and elevation. 7. Revised October 23, 1992 to sh\iw preliminary plat conditions. 8. Revised October 29, 1992 to s 'ow proposed house on Lot 2 . CL IENT DAVID CAl2.LSON CO. LOC ATION Cs1-20) BOOK: 134 i. 136 PAGE: 74. 13 SIG ISLAND LAl<t MINNETON~A Ol20NO, MINN. S.M.I. PROJECT NO. 6'0589 ·063 MINNEHAHA C REE K WATERSHED DIS TRICT 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345-1597 office: (612) 939-8320 fax: (612) 939-8244 DISTRICT COORDINATOR: Ellen 8. Klanderman WATERSHED BOUNDARY I BOARD OF MANAGERS: James R. Spensley , Pres . • John E. Thomas• Thomas W. LaBounty Robert D. Erickson• C. Woodrow Love• Clardson Lindley• Thomas Maple , Jr . w-0 a ,e e December ), 19§2 Permit Application No. 92-193 Applicant: David Carlson 2400 Mayflower South Minnetonka, MN 55343 Location: City of Orono, Tll7, R23, Section 22, 1/4 Sec SW (Mahpiyata Island) Purpose: Stormwater management plan for a residential project involving the replacement of two seasonal cabins. Dear Mr. Carlson: At the regularly scheduled November 24, 1992 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit application 92-193 received November 5, 1992. 2. Plan sheet received November 5, 1992. The Board approved the permit application as submitted. This document is your permit from the MCWD. It is valid for one year. If construction is not completed by November 24, 1993 an extension must be requested. The applicant is responsible for compliance with all District rules and for the actions of your representatives, contractors and employees. Please contact the District at 939-8320 when the project is about to commence so an inspector may view the work in progress. Sincerely, WENCK ASSOCIATES, INC. Engineers for the nz Preside t /I /4 4-/9 7__ Date of lssur/. MAP/er cc: Gerald Bachman, Schoell & Madson Ceil Strauss, D.N.R. John Gerhardson, City of Orono ,....., __ DEC 1 1 '1992 ff CITY OF ORONO P. o. Box 66 Crystal Bay, MN 55323 473-7357 TO: David R. Carlson 2400 Mayflower Avenue Minnetonka, MN 55343 ZONING FILE 11781/1782,1782/1784 & 1785 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: November 23, 1992 COPIES TO: Charles L. Pegelow 12215 45th Avenue North Plymouth, MN 55442 TYPE OF APPLICATION: Subdivision of Lot Line Rearrangement/Creation of Private Easement, Conditional Use Permit and Variance Involving 610 and 620 Big Island DATE OF MEETING: November 16, 1992 VOTE: 6 For O Against The Planning Commission recommended approva 1 of your comprehensive land use application subject to the condition that appropriate covenants be developed to limit seasonal cabin use to two bedroom level. The City notes that none of the applications have been signed by the appropriate land owner. Please see that Mr. Pegelow and Mr. Adams provide written consent to the lot line rearrangement and, of course, Mr. Pegelow to the proposed conditional use permit/variance application (J1783/1784). Your comprehensive application will be scheduled before the Council meeting of December 14, 1992. Prior to that meeting, a copy of a preliminary approval resolution in addition to resolutions approving the individual conditional use permit and variance applications will be sent to you. You are asked to contact staff prior to the meeting if you have any questions pertaining to the findings and conditions set forth in the approval resolutions. You are advised to contact the City offices for confirmation as to the exact location of the December 14th Council meeting. It is the intention of the City to hold the last meeting of the year in the Council Chambers at the new municipal facilities located at Highway 12 and the Old Crystal Bay Road intersection. lsv (#4) MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 A) #1785 DAVID CARLSON, 600/610/620 BIG ISLAND - PRELIMINARY SUBDIVISION, CLASS II, LOT LINE REARRANGEMENT & CREATION OF EASEMENT B) #1781/#1782 -620 BIG ISLAND -VARIANCE/CONDITIONAL USE PERMIT C) #1783/#1784 -610 BIG ISLAND -VARIANCE/CONDITIONAL USE PERMIT PUBLIC HEARING 9:21 -9:39 P.M. The Affidavit of Pub! ication and Certificate of Mai I ing were noted. David Car I son was present for this app Ii cation. Mabusth explained at the time the survey was done for the property owners of 600 (Lot 3) and 610 (Lot 2) became aware that they did not own the lakeshore that they historically had been using. Mr. Carlson then asked them to participate in a lot I ine rearrangement to correct the riparian issue and other mutually benefiting lot I ine adjustments. Any approval of the lot I ine rearrangement must address the proposed substandard side setback of the existing cabin on Lot 2. Applicant has advised the structure wi 11 be removed. She noted both new structures wi 11 be located in the floodplain, as are the existing structures. Because the areas of both seasonal ·cabins are over 800 s.f. in area, an on-site septic system will be required. The subdivision code requires anytime a private or pub I i c easement is created, subdivision approval is necessary. Easements wi I I be provided for Lots 1 and 2 sharing the septic system. Bellows noted the large loft space proposed for the new cabin and the potential for bedroom us~ expansion. Mabusth stated covenants would have to be executed to restrict the use of the cabin to a two bedroom use. Carlson said because of the cost and the value of the land, he felt the size of the structure was warranted. Kelley stated the Commission is concerned with the preservation of the land and the lake and could not consider monetary concerns. Car I son indicated the subdivision has been proposed to meet the setback and hardcover requirements. He said he has proposed to go up instead of out to meet that criteria. He added the loft area w i I I be used as a p I ay area for his chi I dren. He noted he has eliminated al I the problems in the area but the encroachment of the floodplain and the need for an average setback variance. 1 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILES #1781/1782/1783/1784/1785 -CONT. Kelley commended Carlson on coordinating a joint septic system. Gwen Meyers, daughter of a neighboring property owner, noted their concern that Carlson proposes a large structure for the lot, and the area does not warrant that size. Mr. Meyers asked about Hennepin Parks' intent to create a park on Big Island. Jabbour explained past Councils felt that a regional park would be feasible on Big Island, but it currently is felt that the land should remain residential and the City Council plans to amend the Comprehensive Plan to reflect that attitude. Bellows asked about using a wood foundation in the floodplain. Carlson stated the M.C.W.D. approved foundation. is requesting an architecturally Rowlette stated the loft area is not a legal bedroom, and added, she has one in her home and it is not used as a bedroom. It was moved by Rowlette, seconded by Johnson, to recommend approval for Applications #1785, #1781, #1782, #1783 and #1784, for David Carlson, for property involving 600, 610, and 620 Big Island, for a pre I iminary subdivision, Class II, lot I ine rearrangement and creation of easement, and variances and conditional use permit, per staff recommendations, and subject to the resolution indicating the loft area can not be used as a bedroom. Ayes 6, nays 0. (#5) #1762 PAUL W. BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 9:39 -9:44 P.M. Paul Boyke and Mark Gronberg were present for this application. Gaffron explained the application has been revised to provide only one riparian lot, therefore the standards for measuring the width of the homestead I ot have changed. The homestead I ot abuts the out lot along its east boundard as required. Another concern was the driveway and the effect it would have on the drainage in the area. He stated the applicant proposes reducing the height of the drive and adding a retaining wal I which wi 11 actual improve the drainage situation in the area. Gaffron stated the applicant has provided adequate detai I so that staff feels comfortable with the proposal. 1 4 To: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 13, 1992 Subject: A. #1785 David Carlson, 600, 610 and 620 Big Island Class II Preliminary Subdivision of a Lot Line Rearrangement Involving the Creation of an Easement for the Sharing of a Septic System -Public Hearing Zoning District: RS Pertinent Ordinances 1. Chapter 11/Class II Subdivision A. Section 11.02 -Definition 66 (A) -Creation of a private easement and lot line rearrangements involving properties that do not meet the standard of the RS district require subdivision review. Subdivisions of this type are classified as Class II. B. Section 10.31, Subd. 2 (A) -Seasonal dwelling. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year and not to be owner's principal residence for homestead tax credit purposes. 600 Big Island per Record Lot inventory= .23 acres Approved lot area variance= Resolution No. 1536 610 Big Island per Record Lot inventory= .68 acres No resolution of record approving lot area but area variance has been officially recognized in record lot inventory. 620 Big Island per Record Lot inventory= .97 acres Approved lot area variance= Resolution No. 1998 All of the above have been approved for seasonal dwelling ~•Each of the Record Lots has a seasonal dwelling. Lot area varainces have been granted in ordinance. C. Section 10.31, Subd. C (1) -Lot line rearrangements between abutting RS properties that do not create an additional building site will normally be approved. D. Section 10.31, Subd. 7 -No existing lot of record shall be reduced by any lot line rearrangement to less than 50' in width measured at the shoreline and at the building site. Lots 900 R ~g__jl0 Big Island technically not lakeshore lots ~ measured at the 30' street setback as follows: Zoning File #1785 November 13, 1992 Page 2 Existing 600 Big Island= 38' 610 Big Island= 73' 620 Big Island= 90' at 75' setback line Proposed at 75' Setback 1 ~.57 ~ 7/' 120' None of the lots are reduced to less than 50' as a result of the lot line rearrangement. E. Section 10.31, Subd. 12 -On-site sewage treatment systems required. A complete on-site sewage treatment system including plumbing fixtures, two sealed septic tanks and underground drainfield designed, constructed and maintained in full conformance with the on-site sewage treatement code is required on all properties in the RS district as follows ••••• 11 4. Serving all dwellings, buildings or structures containing a water activated toilet regardless of the type or duration of use or occupancy." F. Section 10.31, Subd. 18 (E) -There shall be no setback exceptions permitted that reduce any required setback to less than 10'. 610 Big Island or proposed Lot 2's existing structure will be less than 10' from shared lot line between Lots 1 and 2. Applicant proposes new structure to be placed 10' from lot line. List of Exhibits -Subdivision Application A -Application B -Plat Map C -Property Owners List D -Weckman Memo E -Survey/Existing Property F -Survey/Proposed Discussion At the time applicant commissioned a survey of the property, it was discovered that 600 and 610 Big Island did not own their lakeshore. Each of the properties has a residential dock. Mr. Carlson, during the review of his variance application (#1745) earlier this year, also discovered that his property had no suitable area for development of an on-site septic system to serve his existing cabin proposed for major improvement. Members will recall that the application was tabled in June of 1992 and applicant was advised to consider relocating structure out of the 75' setback area. As applicant's addendum notes, Exhibit A-1, he has acquired 610 Big Island via Contract for Deed and now Zoning File #1785 November 13, 1992 Page 3 proposes a realignment of all three properties whereby proposed Lots 2 and 3 will have lakeshore. The existing structure on Lot 3 will now meet the required 10' setback from the side lot line where structure had originally encroached into 610 Big Island approximately 1-2'. The existing structure on Lot 2 is located approximately 4' from the newly proposed side lot line between Lots 2 and 3. Per Section 10.31, Subd. 18 (E), no setback can be reduced to less than 10'. The proposed lot line arrangment can not be approved unless applicant proposes the removal and replacement with a conforming structure. Refer to Exhibit F. Proposed Lot 1 provides applicant with higher and dryer elevations to north increasing the building envelope. Based on lot widths, proposed Lot 1 wi 11 be required to meet a 30' interior lot line setback based on the 120' width measured at the intersection of the side lot lines with the 75' setback line. Proposed Lots 2 and 3, because their lot widths are less than 100' in width, will be required to meet a 10' interior lot line setback. As proposed Lot 3 is located adjacent to a street at both the north lot line and the south lot line, a 30' setback would be required if new construction was proposed. The second part of the subdivision application involves the creation of easements for the purpose of sharing an on-site septic system. The drainfield area is to be located on proposed Lot 2 with tanks installed on proposed Lot 1. Please review Exhibit D, Weckman's memo, both Lots 1 and 2 are proposed for new construction with cabins having two bedrooms, bathrooms and kitchen sink. On-site sewage treatment is required. Test information confirms adequate area for a four bedroom mound system. A 10' setback variance will be required between the shared lot lines of proposed Lots 2 and 3 because septic tanks do not meet the required 20' setback from shared lot line. Each of the parcels will grant easements in favor of each other to allow the shared use and maintenance of the septic system. Weckman notes this is the only suitable area on both properties for septic use and that no alternate site is available but finds no problem as cabins are seasonal and would not be used to capacity for extended periods. The sharing of a septic system would not be in conflict with the MPCA or the City of Orono on-site septic standards. In fact, this may be a solution for several properties on Big Island where outhouses exist and do not conform to the required separation distance to OHWL -such as the outhouses on both of these properties. Staff has conditioned approval of this shared septic system based on the granting of mutua 1 easements and subject to the limitation of the number of bedrooms to two for both properties. It is also suggested that covenants define location of test site on property in order to assure protection during construction and with future seasonal recreational use. Zoning File #1785 November 13, 1992 Page 4 Staff has been advised that all three parcels have no independent water supplies but are served from another property. Lots 1 and 2 will be served by individual wells at the time of new construction. Recommendation Any recommendation of approval must include the fol lowing conditions: 1. Applicant to execute a covenant/easement providing for the shared use of septic system and septic tanks located on both properties. Such document should include the location of the septic system and tanks with special precaution to protect drainfield site during construction with the need to stake the area prior to any land alteration. Most important, the cabins shall be limited to two bedroom level use. Covenant/easement must be in a form suitable for filing against the Chain of Title of the properties. 2. Applicant shall provide a removal date for the razing of the exisitng cabin on Lot 2 as Section 10.31, Subd. 18 (E) will not allow a setback less than 10' from an interior lot line. The current cabin is located approximately 4'. 3. All new construction shall meet the setback requirements for lakeshore properties and of the RS district. 4. Applicant shall grant 5' drainage and utility easements along all perimeter property lines and along the shared lot lines and to be omitted at the shoreline. Note City is not asking for 10' along perimeter lot lines because of the substandard setback of seasonal cabin on Lot 3 where lot 1 ine has not been a 1 tered. , , . ,~17 ~S CITY OF ORONO PROPERTY LOCATION oo, Site Address ~ :i -1, '7 -..2. 3 -3/ -oa:J.!:,- :l ~ _ I I 7 -;i_ 3 -31 -()t, I A. :i.-11?-.}..3-3J -oo/3 '--~'-""-...... _...."""'-""....,..----'~'-""":;......:::~~;;......;..;-=------+--........ =---' ?-,A-117-~3-.31--()CJl'f ------+--"-. ....._-_.I/ 7 -~ 3 -3 / -OfJIS" :2.,2_-117-.:i.'3 -31 -()0/6 Property Identification Number (P.I.D.) Please check one -Property X abstract or torrens? ll 1..1,t.s: Res ~Ave, Plus J..a"ts 1'-1 +-J.nDwt:.I, 1e '""'!"'""""" A-t.J.. k1-s /"'; , .. P/e.;is.;>,_,7 11,et.u dr h,cKel/JnJ11e1"0NM Attach_ legal description to_ application• __________ '?"{, 7.-o I IC::, ____ .!f.1{_Jll'(R3Sf APPLICANT Phone (home) S"IJ-/GSV Name Daut'o R-ea-1(. IStJ II] Phone ( work ) .2, 3'1 -~ 8S-3 Address: Pi 'f&O 1)1;2v,£/41.uelf /Jue. City: O/;.Nher/o#:IC2. Zip: !:,:,3 '-13 :. --------------------------------------------------------------------------- OWNER (if different than applic~nt) \Phone .(home) .S-;SY -93¥..,1 · PA vi D R, t!&.R J~o;J <.,see ~81,vy Name I!. /fa I? I es L.., e6elt!>t,,..1 ......----• Phone (work) 33.2 -$4..,..2_/ ;;i___ Address:~/ ;;J.__':l./S--~.s--d Ave A0 City: Pit/not&/....., Zip: .s-s~l/;L (attach list if more than one) 7 ., --------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) X, Acres Dry Land Acres Wet Land Acres Total, all se~ .S o"'d I Residential: no. 1 J502(J(J(J(J(J () i ..,r._r ,",· 7 --:;i::: ,-.Ii """-•·-' • vv f·,4fe,\· TL i075.0(J parcels NECEIPT-Ti-iANK YDU Other (specify)_· _________ _ Present Zoning District ------ -------------------------------------------------------------------------n.~723192 PROPOSAL ,J Division for Tax Purposes X Lot Line Rearrangement Only (no new building sites) Subdivision for New Buildtng Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units ___ ,,J ___ Total Units /. ) ,,-7c...,t,9C: -5 Uni ts per /:!f_;GA cres Sq Feet Dry Buildable Land _____ ,k: ___ Residential (se.~.st:,,ud /) _____ Other (specify) ______ _ MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form , 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature ____ --,-__________ Date _______ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature _______________ Date _______ _ FEES ✓ Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) $200.00 300.00 300.00 Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) *(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 175.00 150.00 100.00 The applicant hereby agrees to provide al 1 information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay a}?=l fees established by ordinance. Applicant's Signature ~ Date //J(z.2,/q1,. Owner's Signature ____ J ___ i~~;-, __________ Date /{)/7,,2 /q2,, Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Cit)/ of Orono Planning and Zoning Commission Cit/ Council Members Re: Big Island Proposal David Carlson is making application proposing: 1. A lot line rearrangement. 2. A seasonal dwelling replacement. 3 '" Installation of a new septic em and ain field, The prope1·ty is referred to as 610 a11d 620, Big Island. (See attached illustration.) The property known as 620, 81g island is owned by David Carlson. The property known as 610, Big Island is ow11ed by Charles[ __ Pegelow. Lot No. 18,Pleasant View at Lake Minnetonka, which is adjacent to the Pegelow Property, is owned by Dr. George Adams. David Carlson nas a purchase agreement to purchase the Pegelow property on a Contract for Deed contingent to the approval of t subject proposal. David Carlson is 1equesting approval to remove the existing cabin on the property known as 620, Big Island anci to build a new cabin. Blue prints for the r1ew cabin are attacheci. Land use anci zoning variance applications are being submitted. A new septic system has been designed to meet all regulations and will be sha1ed by ~ns on parcels 610 and 620, Big Island. Two current outhouses will be eliminated. Detai s of the installation as well as site evaluation and test reports are atta.ched .. A new well will be installed on the 620 parcel as illustrated on the drawings. Ne well will be located withir1 75 feet of the 2::eptic system. On Pegelow's property (610, Big Island parcel), there is an existing cabin that David Carlson will tear down and replace with the now existing cabin on the 620, Big Island property, or build a new cabin. Both cabins (on 610 and 620) will have frost footings. "1. -I ,r ( T owner o Lot 1 stairway rom h (610, Bi I la to owner a eliminating his Land use applications, l ss III on ma r l a y ur , 2400 Min Te Carl Mayflower n , MN n Av nue 553 nd ~ n proper ton has low prop r to cations a requir and a \ c[) ----- OCll 10 VILLAGE 12/15/2◄ ~INNETONKA LAKE PARK PART OF NORTHERN RESERVE ---·--·- \(~ !J, ~ " .,,. -:~r l. ~ -- f,;,; '.Ii; ~ ('~ ~ \ \ \ \ ,:>-- - ---- \ \ 't-cr\9 ~i>,-'< \ .. ---c··--"---c ----------------- ( l ) ,_,_,_,_ --- LOl 4 1TCHEL 'S SIJID 'ElfliEilT LOTS ~CT/Oil 22 11' llf /IA , ~ /'7 -,&,-QE R' .JJ-OO·IV {~OE L.0- £E(3n F KI ~ELS ~1VI SION OF BIG ISLAND LAKE ~INNETONKA (V ACATED 49 MISC 393) .. ♦ ~---~ -.. RUN DATE 10/20/92 BATCH005 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP ADOR Ol'INER NAME TAXPAYER NAME/ADDR PROP .ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AO OR PROP ADOR OWNER NAME TAXPAYER NAME/AOOR 38 22-117:-23 ,24 0001 00720 BIG ISLAND TRISTIN O ERICKSON ET AL TRISTIN O ERICKSON 2630 MARSHLAND ROAD l'IAYZATA MN 55391 38 22-117-23 24 0006 00038 ADDRESS UNASSIGNED SHERYL RAMSTAD HVASS· SHERYL RAMSTAD HVASS 12120 GOLDEN ACRE DR MINNETONKA MN 55343 38 22-117-23 31 0010 00630. BIG ISLAND DOUGLAS EPERSON ET AL W/L E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 22-117-23 31 0013 00610 BIG ISLAND. CHARLES LEROY PEGELOW CHARLES L PEGELO~l · 12215 45TH AVE N . MPLS MN 55442 38 22-117-23 31 0016 00600 . BIG ISLAND G & D ADAMS GEORGE & DONNA ADAMS 10312 TOLEDO AVE BLOOMINGTON MN 55437 38 22-117-23 31 0026 00660 BIG ISLAND ELIZABETH FOSTER SALISBURY BETTY F PRINCE C/0 GWEN SMYERS 9.703 BRIARNOOD CIR SUN CITY AZ 85351 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2.2-111-23 24 0004 00680 BIG ISLAND I~ f3.RYSON & T BRYSON NllLIAM & THELMA BRYSON 3015 KIMBERLEY LA PLYMOUTH MN 55447 38 22-117-23 31 0002 00560 BIG ISLAND DON HENDERSON ET AL DON HENDERSON 5018 NORMANDALE CT MPLS MN 55436 38 22-117-23 31 0011 00630 BIG ISLAND DOUGLAS EPERSON ET Al W/l E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN . 55447 38 22-117-23 31 0014 00610 BIG ISLAND CliARLES L PEGELOli CHARLES L PEGELOH 1 12215 45TH AVE N. PLYMOUTH !'1N 55442 p8 22-117-23 31 0020 00590 BIG ISLAND ' JD FIEGER & J M FIEGER JAMES FIEGER 5111 HOLIDAY RD MINNETONKA MN 55345 38 22-117-23 31 0027 00650 BIG ISLAND JAMES A R JOIINSON JAMES AR JOHNSON 2880 BENTON BLVD MPLS MN 55416 REPORT NO. PI43540l PAGE 16 38 22-117-23 24 0005 00670 BIG ISLAND WE BRYSON & TL BRYSON WILLIAM & THELMA BRYSON 3015 KIMBERLY LA PLYMOUTH MN 55447 38 22~117-23 31 0009 00630 BIG ISLAND DOUGLAS EPERSON ET Al W/l E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 22-117-23 31 0012 00610 BIG ISLAND CHARLES LEROY PEGELOW, CHARLES l PEGELON 12215-45TH AVE NO MPLS MN 55442 38 22-117-23 31 0015 00610 BIG ISLAND .CHARLES l PEGELOW CHARLES L PEGELOW 12215 45TH AVE N PLYMOUTH MN 55442 38 22-117-23 31 0025 00620 BIG ISLAND PAULINE VANDERHOOF DAVID R & JAN W CARLSON 2240 DWIGHT LA MINNETONKA MN 55343 38 22-117-23 31 ·0028 00650 BIG ISLAND. JAMES AR JOHNSON JAMES AR JOHNSON PO !'}OX 15263 MPLS MN 55415 ---,.,;{,~~ -.. RUN DATE 10/20/92 BATCH 005 PROP ADDR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR O~INER NAME 38 22-117-23 31 0029 00570 BIG ISLAND JODIE R VARGAS.ET AL JODIE ROB,B VARGAS 434 14TH AVE W GOODING IO 83330 TAXPAYER TOTAL BATCH 005 00021 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Ol~ERS LIST 38 22-117-23 31 0030 00640 BIG ISLAND CLINTON KNUDSON CLINTON KNUDSON 1823 FRANKLIN AVES E MPLSMN 55414 REPORT NO. PI435401 PAGE 17 38 22-117-23 31 0031 00580 BIG ISLAND , J O & J M FIEGER JAMES D FIEGER ' 5111 HOLIDAY RD MINNETONKA MN 55345 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE .REPRESENTATION OF INFORMATION AS. IT APPEARS THIS l>ATE ON THE RECORDS OF me HENNEPIN COUNTY DEPA;TM N/OF PROPE~Y JA,XATION, TO.)t11E BEST OF MY KNOWLEDGE AND BELIEF. //9, DArr/l?G?/ f91~v "='//>< , I -V -1'.C::--- 0 30 60 90 SCALE . IN FEET o • Oen·otes iron·.moRument. Bearings shown are based on the Northeasterly 11ne ·of Lots 14; 15, 16, and 17 ha-.,ing an assumed bearing· of South 61 degrees 50 minutes 00 seconds East, ISLAND POINTE / SCHOELL & MADSON, INC. ENQINEE.RS •SURVEYORS• PLANNERS SOIL TESTING• ENVIAONMFNT I AEAVIC A ~< 1 · o-.: ,:[_ LL ~ I I . L . i C.R. DOC. NO. R. T. DOC. NO. '' ·~ ISLAND POINTE C.R. DOC. NO. KNOW At:L PERSONS BY THESE PRESENTS: That Pauline Vanderhoof, 1. w1dciw, fee owner, and D1v1d R. Culson and Jan W .. Carlson, husbimd and wife, contract purchasers, of the following described property situated 1n the County of Hennepin, Shte of Minnesota, to wit: The tract marked Reserve fn the plat of •p1eaunt View Lake Minnetonka•, according to the recorded pl at thereof. And that Charles Leroy Pegelow, 11arried to Ethel H. Pegelow, fee ow:ner, of the following described property s1tua~ed in the County of Hennepin, State of Mfnnesoti, to wft: tots 14, 15, 16 ind 17, •Pleasant View lake Minnetonka• according to the recorded plat thereof. And tha.t George L. Ad1ms and Donna L. Adams, husband and wife, fee owners of the following described property situated in the County of Hennepin, State of Minnesota, t9 wit: · lot 18, Pleasant View, lake Minnetonka, according to the plat thereof on file or of record in the . office of the Register of Deeds in ud for u1d County. Have i;aUsed the same to be surveyed and platted as ISLAND POINTE and do hereby donate and dedicate to the pubHc for public use forever the easements for drainage and utility purposes, as shown on the plat. In witness whereof uid Pau11ne Vanderhoof, a widow, has hereunto set her hand this day o·f 1 19 . , and nld David R. Carlson and Jan W. Carhon, husband-.--nJwlfe, have her.eunto ioC£hiTr•·n-a-nCh lhfr(-. ~·do of _ _ _ . _ . _ _, 19 , tnd uld th1rln ltiroy Pegelow tnd Ethel· M. Pegelow, hul.b.lind" tnd 1itlh, lave" her'eUnto 5@f .thefr· hinds thE day of _ , 19_._, ~nd said George L. Adams and Donna L. Adams, husband and wife, hivehereuntoSE!TTiieirh"ariQST~ls --.-day of _________ 19_ SIGNED: Pauline Vanderhoof David R. Carlson Jan W. Ca~lson Charles Leroy Pegelow Ethel M. Pegelow . George L. Adams Donna L. Adams STATE OF HINNESOTA COUfiTY OF HENNEPIN . The foregoing instrument was acknowledged before me this __ day of 19_ by Piul1ne Vanderhoof, a widow. Notary Public, Hennepin County, Minnesota My ,Corrn1ssion Expires ________ _ STATE OF HINNESOTA COUNTY Of HENNEPIN STATE Of MINNESOTA COUNTY OF HENNEPIN STATE Of HINN[SOTA COUNTY Of HENNEPIN The foregoing instrument was _acknolifledged before me this day .of 19_ by David R. Carlson and Jan W~ Carlson, husband anawTTe. Notary Public, Hennepin County, N1nn~sota My Co11111ission Expires ________ _ The foregoing instrument "as acknowledged before me this day of 19_, by Charles Leroy Pegelow and Ethel H. Pegelow, husbindand wife. Notary Public, Hennepin County, Minnesota My Co111n1ssion Expires ________ _ The foregoing instrument was acknowledged before ine this day of 19_, by George l. Adams and Donna L. Adaras, husband andwTTe:" Notary Public, Hennepin County, M1.~nesota Hy Co111111ss1on Expires ________ _ SCHOELL & ·MADSON, INC. ENGINEERS• SURVEYQRS • PLANNERS R.T. DOC. NO. I hereby certffy tha_t I .~ave S~rveyed 4nd platted the property described on t~is plat as l~LAN~· PO[NTE; that this plat 1s a correct representation Of said sutveyi that all distances are-co_rrectly s:Jlown on· the plat in feet and hundredths of a foot: that all monuments have been correctly placed tn the ground-as shown on the plat or will be placed-as required by ,local gov!!rnrnental unit and that outside boundary lines a·re correct1y designated on the plat and that there.are no wetlands or public highlifays ,to be designated on the p)at. land Survey0:r · Theodore D .• Kemna . Hlnnesota·license No. 17006 STATE OF HINNESOTA COUNTY OF HENNEPIN The for"egoing surveyo·r•s certificate was acknowledged before me this __ ._ day of 19....:..._,_by Theodore 0. Kemni., land Surveyor. · CITY COUNCIL .Of THE CITY ·of ORONO, HINN[SOTA avid B. Toenie·s- Notary Ptiblic, Hennepi_n County, Mtnrresota My Co111111ss·)on Expires, January 23, 1~97 This pht o( ISLAND POINT-£ was: al)proved a~d i.Ccepted by the City Councll of the "City of Orono, Minnesota, at a regular meeting thereof, held this • day of _ _ · .. _ ,.19 , If.applicable, the ~:!~t:~~ ~1~"~; f~~ [n~rnt~! r~~!l,~~,!:j i~~!;s !!~r~u-0 t~r:t:t:~~-!-:f~_o:·~~:;i~~!f ~;11~=~~ ~~~~r: ·:~:;e reconmendilittons, as provtd~d by'Hinnesota Statutes, Section SOS.03, Su"bd. 2. CITY COUNCIL OF THE CITY OF ORONO, HINN[SOTA By:~----------By: Mayor ffirk PROPERTY TAX AND PUBLIC RECORDS DEPARTM~NT, Henflepin County-, Minresota I hereby Certify that taxes payable 1n 19 and prior yea~s h1ve be.en ·paid for.land described on this plat. Dated ~his __ day-of : -, 19~. · · Patrick H. O'Connor, Hennepin Cou_nt}' Auditor By _____ __c__ ___ , Deputy SURVEY DI.VISION, ~ennepin County, Minnesota Pursuant to Minn .. STAT 1 S~t-~~3B.56_5 (1969), this plat has been appi-oved this __ ._day of Gary f. Caswell Hennep~n County Surveyor By ___ ~-~----- REGISTRAR OF rITLES, tiennepin County, Minnesotl I hereby certify t_hat the ·wtthirl plat of ISLAND POINTE was· filed in thts of:fice this' . ·day of· ________ , 19:...__,_.at _ o'clock _.M. -.-. · R. Dan Carlson, Registrar .of Ti_tles By -~------• Deputy COUNTY RECORDER, Hennepin-County, Hinne5ota I hereby certify that th~ within plat of ISLAND POINTE was\i1ed .'for_ rf;!cord _in t.hl~ off1ce ·this · day of -----'------' 19 __ . .-at _ o'clock. _.H. · · · ~ R. Dan Carlso·n, County Re'corder By--------'-' Deputy SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD • MINNETONKA, MN 55305-1525 [612] 546-7601 • FAX [612) 546-9065 Ms. Jean Mabusth City of Orm10 P.O. Box 66 Crystal Bay, MN 55323 November 11, 1992 NOV 1 3 i992 Subject: Survey on Bid Island for David Carlson Co. Dear Ms. Mabusth: The original survey done by Schoell & Madson, Inc. on the above referenced property was done on February 12, 1992. We did not shoot elevations of the water at that time. On May 5, 1992, we shot the water elevation and found the water elevation to be 929.55 feet based on the NGVD-1929 Datum. The solid line shown on the survey done in February 1992 is within a few inchas of the 929.4 contour because the water was very close to that elevation during this time. For layout and review purposes, we can assume that the solid line and the 929.4 contours are the same and the location of the house will be set at 75 feet from the 929.4 contour when the house is staked. Please call if you have any questions or if we can be of further assistance. TDK/cj cc: Dave Carlson Very truly yours, SCHOELL & MADSON, INC. 'b& /;\~. / / \.)_ .. v. , l_,$,-U ~ Theodore D. Kemna AFFIRMATIVE ACTION • EQUAL OPPORTUNITY EMPLOYER To: Jeanne A. Mabusth, Building & Zoning Administrator From: Stephen Weckman, On-Site Systems Manager Date: November 2, 1992 Subject: Septic Review -Application #1745, David Carlson Both 610 and 620 Big Island have cabins which are not attached to on-site sewage treatment systems. Human wastes are treated by outhouses which are located very near lake level. The cabins have sinks which drain to the surface. Neither the outhouses nor sinks meet Minnesota Pollution Control Agency (MPCA) and City of Orono standards for waste disposal. The proposed cabin at 620 Big Island has two bedrooms, a bathroom and a kitchen sink requiring the use of an on-site sewage treatment system, however soil testing indicates that al' separation from the seasonally high water table is not achievable on this lot. The adjacent property, 610 Big Island, has been acquired by the applicant to provide a suitable area for on-site sewage treatment for both properties. The cabin at 610 Big Is land is in poor condition and wi 11 be replaced with a ~bedroom cabin as we 11. Soil testing and system design has been approved for a Type 2, 2-bedroom home for each cabin (225 gal/day/cabin). The system meets MPCA and most City ordinances. A variance will be required for a 10' setback from the mound site to the east and west property lines of 610 Big Island. A 10' setback variance will also be required between the septic tanks and the lot line between 610 and 620 Big Island. The proposed soil treatment area is suitable for a mound and lies entirely within the redefined lot lines of 610 Big Island property. The proposed tanks lie within redefined lot lines of 620 Big Island. Therefore, easements will be required on each property for the shared use and maintenance of the septic system. Due to the site slope and water table conditions, the proposed sewage treatment site is the only area available for these two properties. Although no alternate site is available, the proposed septic system will provide a means of sewage treatment for both properties which wi 11 meet the new DNR Shoreland Regulations. As the use of these cabins will be on a seasonal basis and would not likely be used to capacity for extended periods of time, an alternate site may not be necessary. Staff will approve the required septic variances provided the easements for the use of the on-site sewage treatment system can be provided. A condition limiting the number of bedrooms to two on both properties should be included since no area is available to expand the drainfield area. lsv CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1785, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of November, 1992. ; ., I. CITY OF ORONO -NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, November 16, 1992 to review the following subdivision and related land use applications: 1. 2. 3. 8:00 p.m. 8:30 p.m. 9:00 p.m. M #177g & #1779 Andrew Goetten of 1385 Fox Street seeks approval of a 2-lot residential subdivision and lot area variance for one of the proposed lots that does not meet the required 2 acre standard. #1780 Th~ City of Orono seeks approval of a residential subdivision consisting of two residential lots and a wilderness park area of the property located at 1000 Old Crystal Bay Road. #1785 navid Carlson proposes a residential subdivision of a lot line rearrangement involving properties located at 600 Big Island (formerly Record Lot 60), 610 Big Island (formerly Record Lot 34) and 620 Big Island (formerly Record Lot 28). The subdivision also proposes the creation of an easement for the purpose of sharing in the use of a septic system involving properties at 610 and 620 Big Island. This comprehensive subdivision application also includes Applications 1781, 1782, 1783 and 1784 consisting of variances and conditional use permits involving 610 and 620 Big Island. The applicant, David Carlson, proposes the removal of existing cabins and replacing with new structures requiring variances to the average lakeshore setback line and for land alterations within the flood fringe district in addition to a conditional use permit for these land alterations. The Planning Commission will also hold public hearings to review the following land use applications: 4. #1777 John Thiesse of 3845 Bayside Road seeks approval of side and street setback variances and hardcover variance within the 75-250' setback area for the proposed construction of a second story over the existing single story principal structure. 5. I i #1786 William and Rhonda Omlie of 1860 Shadywood Road have filed a conditional use permit for land alterations in excess of the allowed 100 cubic yards in order to complete certain paving improvements. I . All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Comrniss·o a . Jeanne Building & Zoning rator To be published the week of November 2, 1992. VCITY OF ORONO~~.-NOTicE. p(Opos_es the. rem·ovar Of ~~iSting cabins and ·--:,._-_. ___ ·.,;~, ~ . . _ . . ~:-;.-· __ . ~-,_ rep_lacmg with .new structu~es requiring ,:,J•.•The Planning Commission· will-hold •,'!ariances to the average lakeshore setback Public Hearings in the Council .Chambers at .• ~. h~e and_ for I1:\nd alt~~ations _within the flood 1275 ·south . Brown Road on :Monday, ,_fringe district m addtUon to a conditi_onal us November 16,'1992 to review the following , · _permit for these !and alterations .. c'-'<-· . , ; ., sub!:fivi~_ion and llllated land use applications: _ ::, < . 'The P!anmng Co~mission will ~lso hold ~.•, 1.·-s:00 p.m~~;#1778 & #1779.Andrew public h~ar\ngs to revIe~\Y the foUowmg land 'Goetten of 1385 Fox Street seeks approval of . · · _u~e applications:-" .,_:,,~_'::';:c~"c::<,",'·~-·' ' : .. a 2-lot ·residential· subdivision and· lot area ,: ·, ''' 0 1::' ,<I. #1 TT{ John ,Thiesse of 3845 Bayside -·· variance for one of the proposed lots that does ,,cc Road seek~ apprqval , of side _and street not meet the required 2 acre standard._ ,,,_;;;_f:, -~/t,-,sE!tb_ack variances ,and hardcover variance_ ,_--,i:2. 8:30p.m>#1780The City of Orono.-~ within. the :75:2_5~ .. setback •area for .the , seeks approval of a residel)lial subdivision · · · propo~El? construcnon of a second story over :: consisting :of i:two ":residential·-lots ''.and a . the_ex1st1ng €Ingle story principal structure. ·. · wilderness park. area o tl:le property IClC8ted_at,, · ,, '.(.· ·5 .. #1786 William and Rhonda Omlie of 1000 Old Crystal Bay Road .. :;~, . , .. ,,-,;_s ., ,:186~. Shadywood ,Road have fi!ed. a -. __ ,,.,-,·a. 9:00 p.m> '#1785''Oavid ·cartson "._.conditional use permit for land alterations in '. proposes a rest?ential subdivision of 11..lotJine .,, ,,excess of the allo~ed J !)0. ~bic yards in order rearrangemer:it.involving properties. lcx;ated,.at ~l ::t~emplete certai_n p~v,ng improvements. . :. ~ Big lslancf (formerly Record lof60f;i>10 t~ ""''" All ;.persons !''s~inQ tC> be .. heard _will B!g Island (formerly Record Lot 34) and-620 :H ap~ar at this meeting; ~ntteri comi:1en!5·are - '.~ B1usland· (formerly .,Record .Lot ;28).~:Jhe "' .. SC?licitedA?lans_ ~re avaIf.ab!eJor. revIev(m the i.if.(81~ir:~~~~1e?11. application also :includes ~ppli_c.atio~ :'17131, · !: Building & ,z:oning Administrator 1782,,F83and.1784.cons1slingof·vanances --; , •.. -. "' .---"~-:; ... ,· ._.·. _; and conditional use pe'rmits involving 610:ana (Published .m The L.iker and pioneer Nov. 2, 620 Big Island. The __ liJ)pli~t,.Pav[d Cll[IS01, 1992) ' :: , --', • . • . '•; ' i ' -'.:.,: -. · .. ;i:::..:~:"'~'i:·-~•'-c~;'. ;"!• ·c; ".;·,]:;> :_'." ·-:;,--::,:-.-r.~--"'.) .\::. .> . ic 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. Min· nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require• ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws. as amended. !fl which is attached was cut from the columns of said newspaper, and wi printed and published once each week for ___ _,__ _____ successive weeks: It was first published Mo the a t.,/ day of ;· H9-~ and was thereafter printed and published every Monday, to and including Monday, the __ day of 19_; I . u rnzed Agent KRISTI HOLM NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 7-10-97 1 ..... --... ,.----------""""--"""~' Subscribed and sworn t day of_...,_/-,f,,J.',"'"'""........,;.,.o-.;"-'--- By: Notary Public Rate Information (1) Lowest dassified rate paid by commercial users for compar- able space: $10.76 per inch. (2) Maximum rate allowed by law for above matter: $10.76. (3) Rate actually charged 10< above matter: $5.84 per inch. Each additional successive week: $4.02. r, EC .1 .1 -·:::;, 2 Fp J: C t 0 CITY of ORONO Municipal Offices Post Office Box 66 CrystalBa~Minnesom55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your zoning request with the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualifications for approval. 2. You may refuse to supply data, but refusal may require that the City deny the request. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the request. 4. If your request requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 15.165 to review private data on yourself. 6. Your full name is required to process this application. ' /)131);0 {}/}BU Q ;J First Last Address City State Zip H S'l/-1-/b.!:)tJ ---w. -9.3~ ¥cfs3 Phone I understand my rights as stated above. ~ Signature TELEPHO~E-473-7357 • FAX-473-0510 October 12, 1992 Mr. David R. Carlson 2400 Mayflower South Minnetonka, Minnesota 55343 Re: Big Island Proposal Dear Mr. Carlson: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. As we discussed, I have taken some time to review your survey and proposed lot line rearrangement/seasonal dwelling replacement proposal for the sake of bringing forward potential issues sooner rather than later. In order to give you some clearer direction, I have assumed a proposed lot line rearrangement as shown on the attached sketch. The Pegelow property is referred to as 610 Big Island, with your reserve parcel referred to as 620. I would make the following comments: 1. I have sketched the lot line rearrangement so that 610 maintains an 85' width at the shoreline and at the 75' setback because that is the minimum width which would be required to accommodate the existing house. This is not to say that some other width could be proposed. I have also sketched a minor lot line shift with the property to the east of 610, which I believe you indicated would resolve some existing encroachment . . 2. With a defined lot width of 80', 610 would requir~ 1_0' side setbacks for c'onstruction of a new building. This leaves an· envelope roughly 70' deep and 60' wide meeting the 20' septic setback requirement. 3. The defined lot width at 620 strictly by definition is the length of a straight line drawn between the points at which its side lot lines intersect the shoreline. That width is .about 260'. However, width is also defined as a straight line between' the points at which the side lot 'lines intersect the 75' setback. This yields a width of Mr. David R. Carlson October 12, 1992 Page 2 approximately 102'. Arguably, one could arbitrarily define the width as the average of two measurements yielding an average width of 181'. This would need a 30' side setback which for discussion purposes I have used and shown on the map. This leaves a building envelope roughly 50' wide and averaging perhaps 80' deep. 4. Given the locations of adjacent structures on either side, an average lakeshore setback variance is needed for 620, and possibly for 610 depending on 620's ultimate location. 5. The minimum required lot area per the RS Districts standards is not at issue since both 610 and 620 are defined per 10.31, Subd. 6(F) as substandard buildable record lots as per their ownership and acreage on November 9, 1981. (Note that 10.31, Subd. 6[A] suggests that a record lot is "all the contiguous or abutting land owned in common... on November 9, 1981 or at any time such common ownership may occur thereafter. However, additional language later in 10.31 suggests that a lot combination would have to take place in order to create any new record lot from these. Given the circumstances, your mere ownership of both Pegelow' s property and your property does not change their status as two separate record lots). 6. A lot area variance resolution was adopted in 1986 for 620. However, while Pegelow applied for a "principal use conditional use permit" in 1983, the lot area variance resolution was never completed. This merely means Pegelow lost the right to appeal the determination that his four lots constitute a record lot. That seems to no longer be an issue. Before the City could issue building permits, and as part of your proposed activity, the City would require all tax parcels within each record lot be combined and would include the lot area variance language as part of your proposal. 7. Although there may be other ways than an easement to accommodate the septic system situation (creation of an outlet rather than an easement, for instance), City staff would not generally oppose this shared septic system proposal, and it seems to provide a reasonable solution to a dilemma which other Big Island property owners will be facing in the near future. 8. I think it is understood but I'll note for the record that any new construction or building replacement within either property must meet all setback standards or be granted a variance. Mr. David R. Carlson October 12, 1992 Page 3 9. If all the 'foregoing concerns and issues are suitably resolved, there remains the issue of construction within the flood fringe district. Flood fringe district is defined as an area of land above the 929.4 ordinary high water level for Lake Minnetonka and the 931.5' one hundred year flood elevation. On the sketch I have approximately plotted the 931.5' contour, which shows that all existing buildings on both properties are within the flood fringe, and per our discussion, their replacements would similarly be within the flood fringe. The problem is that Orono's code does not list enclosed structures as a permitted/accessory/conditional use within the flood fringe district. The code does allow the Council to approve "other uses" through a conditional use permit provided that such use shall not restrict or obstruct any flood flow nor raise the level of any flood flow. Section 10.55, Subd. 12 outlines the factors the City must use in reviewing the conditional use permit. It is my understanding after discussions with the DNR and the Minnehaha Creek Watershed District that their rules and regulations would allow a structure in the flood fringe subject to meeting specific flood proofing standards and providing equivalent storage on the site, likely by excavating an area equivalent to the encroachment. In summary, your proposed lot line rearrangement and construction/reconstruction of cabins on the property would involve an average lakeshore setback variance, a conditional use permit for work in the flood fringe district, finalization of the lot area variance for the easterly property, and approval of the setback/lot width interpretation as diagramed. Finally, there is a possibility that the Planning Commission and Council will interpret Section 10.31, Subd. 7 from the standpoint that we are creating a new lakeshore lot and therefore it should have no less than 200' in width measured at the shoreline and at the building site (or at the 75' setback). This would have a significant impact on your proposed building site, and obviously is not in the scheme of your intent. If this interpretation was held by the Planning Commission and Council, this would be another area in which you might ask for a variance. Mr. David R. Carlson October 12, 1992 Page 4 I will not guarantee this review has been exhaustive, but I think it hits most of the major issues. Please feel free to contact me at 473- 7357 to discuss it further at the point you are ready to proceed with an application. ~ly~~ Michael P. ~ Asst. Planning & Zoning Administrator MPG/ch Enc. - ·,,,---:.-:~;· {~ "' .. 'F='Ap,e_·:wbis,~icr'' /S S/-lA·M"' A,e.e-A ,< . . , -.-::,:::-'---, • ..,.,.-, _ __,,: ....,-_--s,..-:-:-,-•. =-:'-,-.cc;:. '/31_,s' /o6·7',cA<. F'-'>ab . n,nnn,,7,-1 ,,,,~--·-. SZ-'"-:, "lz,,'/, ,:;µ,w1.. &z,,,<XO"'i ~oc,. f.a==""-' e1,,w!Vn~"' Is '1'32., s-' ( l,()we<r Ft-e<>~ _· .. -~ .' --: ··' ~~- ~ ~ Q' 'v • ·~:1 ·· I I I'\ 1/4 - c-, _, ,Qo <;, . ~:- . / 9-· $ ~ '----~ ~~ checked and day of • 19.2.£, '<)· " ('&ID "' ~. ~ "' -~ I -n,l,, [vi~ -,B.1,t::,(. L.OC f;D t.r>'D -7_s1 :r-r;t~ -£U,.,U,UA1g ( / .... -Nf: corner o{ lo/ 11 i-. (;J •J] ~-;( I ;. .,., t.·• "'·-.:1 1 ·. e1,1?v,qit,> ,, ', $ C) L/ {!_) .........._ i§' 6' 1JJ ~ ~ ~ ~ -r-- 0, t- <)\ ) 0 .,. ,.f /i DcTAIL. {"=10' DESCRIPTION: RESERVE, "Pleasant View at Lake Minnetonka,• according to the rec.orded plat thereof. · GENERAL NOTES: 1. --: -Denotes iron monument found. 2. c -Denotes wood stake set. '3. "'l~l.4 -Deno/es exist. sP,Of e/e-1 -4. P.e,. 5-19-92 lo show detail oncl ele<ts. ~< -~ 0 . ~ ~ ~ u, ~o (51-20) Pt,()V· 1~.; •~,:.. ··/ CITY OF ORONO SEPTIC SYSTEM APPROVAL Permit I -------- Fee$ ---------- Entered By ------- The General Contractor will be given a copy of this report and is responsible for its distribution to all sub-contractors. SEPTIC SYSTEM DESIGN IS NOT. CONSIDERED AS APPROVED UNLESS TfrIS SHEET IS ATTACHED. LOCATION, Us I 11; IS; It: o/-I 7 f!Jj b>lcvii GENERAL CONTRACTOR: PHONE: ----------------------------- SEPTIC CONTRACTOR: ---------------------- 0 ~: £av,rl wdso~ PHO~• ~lf/--'1313 PHO ~-/60 0 APPROVED ,.g__coNDITIONALLY APPROVED: (Note Changes Below) CDMMENT,S: A le:Jal Q/!Yi"J?Wt'nh re111(reJ priOY-jp . . oP a g?rfrc perm¾: evnceicn IY:J PC/Sf1ne,rl; ma,ob,-.c'RJ ard ~ l.!Qi19e.-, NOTICE TO INSTALLERS: Any changes to the ap~roved plans and specs must have prior approval of the Inspector (473-7357). Call for inspections 24 hours in advance. NOTICE TO GENERAL CONTRACTORS: Primary and alternate drainfield sites MUST be protected prior to and after system installation to avoid compaction of the natural soil. ALL DR.A.INFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verified that primary and alternate sites are adequately protected. HO VEHICULAR TRAFFIC OF ANY ICIND (cars, trucks, earth moving equipment, etc.) is allowed within 20' of tested drainfield sites either before or after system construction. This applies to the lot you are working on and all adjacent lots. You could be held liable for damaging sites on neighboring lots. VEHICULAR TRAFFIC CAN CAUSE SOIL COMPACTION, RENDERING DRAINFIELD SITES UBUSABLE. Evidence of traffic on drainfield sites may be cause for revocation of building permits. Damaged alternate sites must be replaced before a Certificate of Occupancy will be issued. Date Approved . . . S~P l"ESTING, INC. Steven B. Schirmers -MPCA Cert. No. 627 951 Katydid Lane NE • St. Michael, MN 55376 • (612) 497-3566 David Carlson Co. Pleasant view at Lake Minnetonka The Reserve & Lots 14, 15, 16 & 17 Big Island Orono, Henn. Co., MN . May 11, 1992 A Site Evaluation was completed on this property for On-Site Sewage Treatment. At present there are 2 existing cabins with out houses. This On-Site Sewage Treatment System is Designed for a Type 11, 2 bedroom for each cabin, 225 gal/day/cabin. Designed in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are scs soils ~apped -HbC -Hayden loam. A seasonally high water table was located at 22" t6 26", (mottled soil). Due to the seasonally high water table, a Pressurized Mound System will need to be installed. The bottom of the rock bed must be located at least 3' above the seasonally high water table. Due to no further expansion area, the system is actually Designed for 540 gal/day which will allow a maximum water use of 270 gal/day ~ per cabin. Each cabin will need to use low water facilties, 1.5 gal. flush toilet, low flush shower head, water flow restrictions on all faucets, etc. A water meter will need to be installed in each cabin to monitor daily water use. If the water exceed 270 gal/day, the water use in that cabin will need to be further reduced. Due to the cabins being ~ithin 1.0' of the high water mark for Lake Minnetonka, the tanks will need to be installed at a higher elevation. Sewer ejector pumps with check valves will be needed at each cabin to lift the effluent to the septic tanks. The supply line to the septic tanks will need to be drained prior to the winter season. Recommend the septic tanks & pumping chamber be insulated to prevent freezing in the winter. A Legal Agreement will be needed on ownership, maintenance & water use, etc. prior to City approval. CONT'D ( 2) David Carlson Co. Big Island Orono All neighboring wells are located greater than 100' away from the proposed treatment area. 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.) human waste & toilet tissue should be disposed o'f into the septic tanks. Garbage disposals are not recommended. Additives must not be used, they may cause harmful damage to your septic system. Recommend to pump your tank every year if you have 1 tank & every 2 years if there are 2 tanks. <~//---/-? ---1 E ~ _.....-,";\.,,,.__ . . 7· ,/l_~- S t even B. Schirmers Ds SBS/ds -\ ..I \:' \ I \ . \ \ \ : / / 1:1/ ,t ✓~ :r / J SET-BACKS l, ,,;-I Lf,) ~S J I ) 0 "7--!..j _s "'?Ov'?-iS.~',;;:, '-,',\ s.s ") °I I J\,.,A: W V \ ~ L;.j H l?:'.'.f-< O 6LJh .. c ~ '7c Lo t /0 1 ·~ I 2 I ~ HOUSE System must be : :::,....,--A~;;:::- wA~~ Tonk / 0 1 from property lines Z from welts X. S~..L-:<100. :o. n s a\.... w \ s:> ::0::,: 2Q from b:dgs. Trealment oreo li 'from lakes , ' streams OTE Pow ly d 'tch t b !o ted · J o ' r N : er supp on SW1 es rrus e co 1n a Treo_tment, crea -, from property ines · eother proof encbsure outside the pumping chamber and manhole M.4-)..l\.!ol£S .... 7\ \~' ~ from wells w 1.3At.t:::h~i.... -~ v 'from b!dgs.. · ~---_-.-.------i!~ ~rees ~,r; =====;;;====~, SOIL SORING ELEYAT10NS J, l--3.Dm,n. ! ~~~ .. · ~~ ~ ~ TH.'I EL.-~IJ L5 )-'~=+;1.-c::... /.o S-9 TH "3 EL_ l.J , 1 Jor.o 0ot\ ·1 Tonk 1 •• I PRCSC::t IRE r.tC::TR!AI ITIQI\I MOUND SYSTEM · • :i....:i.:},-r 'r,,~;: ·.... )000':j"I\ _I '---..IVI .... ...,,__, ,,...,.._,. •• • • • TH .. 4C:L- ( . ~e. (~c-...t.~ ~c .___.,=-"'""' • \,,_. • - • " • Y'-'-":Y<,('... ?\.."r'-:!'l\t..' 11 TH.5 c: Min. I lo 8 '--Pumping • ._L,-- ··1 Oroo 10 Tank II I 4 \ Max..! to4 ¥:Ee.x: ::tf>.)..l'c'...S S\-\~'-'--OO_; Chamber ELEVATION al PROPOSED PJMPlNG 4:t?,6 11 dio. pipe CHAWBER-9--s;s:::. /J L::~;i,. l 1'\..lY'1'19~ ). c -. ( 4'+-'CWµ ~ __ C.A-~ 1~--:_ j___:::-_S,;so .l...j SYSTEM DESIGN -MOUND ,'.l:C.. d-~7!-. :l,'; 0 ~c,) ~rJAll.-l't"!.'-C) ~.:.-i.,::,..) ~"?-0\.J\,-l~ _ G-fl;-:'i3\ µ_..,. :i... _. '93 o -~ TYPE-----;--=-BEDROOM , Average percolation rate '-! • .( mi'n./inch ( design .83 sq.ft treatment area per gal. of doily sewage flew) ..:S..:iQ,g.::::L/dO'f x .83sq.ft/gol.-=:!...:l.5{ sq. ft. of treatment area ~ =-==-sq.ft ( ~ 10ft. width=~ ft.length of bed area + side slope run ....::L to I x~.height= -3....2.. ft.x-12:... ft. lawn-area needed) Cleon rock needed-::l..'.::Llesq.ft. treatment area x J < o-:f depth of rock= t.;'.]Oc:u.ft"T"27=....l..2_cu.yds. ( 3/4''to 2 l/2. 1 dia. , includes 2 11 of rock above pipe) Cleon sand fill below rock needed I :;tS:r:u.yds. awc,x. sandy loam backfilli,Q_cu_yds.approx., topsoil 6" ~cu.yd. Au.:::::-. '$:6}:\'S:) -;:::._ ~-,,,;_ . 1 • . I :?.e.~~'l,r\~.S> ""\C ~'O'Q -;)._o"✓'c -re -r o~Sov-. Hi-?-\~"',c.."L:,'-11...~<?-._~.£:lc:--..::::,_'7_ Number of 1anks required_:]__, ls1tonk /OOOgal. ,2ndtonk.La.QQ.gal.mmm.rns P...u<:. f!WY>"'l.'i"n.l1..,, ~~"Rn1~<":~ • ~~-<::>.!.':1'.Q "<-Ct.._ Pumping chamber capacity-25% of doily sev,(lge flow of 2i.D...gol.= n < gal.+ reserve stcroge of 15 0gZ\ i /BR=~ gal.+ pipe back dronage- of ~ gal. / 100 lin. ft. of -2._• dia. rupply pipe , lin. ft. needed le s' 1 µ_ gal:¼ manifold -1J:( goi./100 lin ft of~" dio. pipe, In. ft needed_:]_ , __s_ gal. total capacity needed Ca <{'1gal. ( plus area for pump) 1.-1~-e... ""' n, /oo o ~°' L, .. \", l~;;,-.i. '-7--.;....-f,.;:-) Distrirution pipe 12z.: clio. , ~ lin. ft , ~• dio. perforations , ~ t... .. opcrt Pump size _!h_hp. (pumpable capacity ~gal. 4cycles/doy) us.e.S> ::23' Note: When constructing bed ~ 1 this area shou'd be shaped to divert run-off from entering treatment area. ' H~-~ ... .:. ~"'?-~"'-:sS ~-~~\Jt~'-;-C.-3-3. °::§"\) l-v\1 n. Note: Distance from t~tment area 10 neighbo<ing -M?l!s- 1..., '?-t" U°"\"5-",z.._ . ::L'-+ Q. ,-\ 1 5_ I PROPERTY OF: :X:?:£\U)'S) o,~v:.,~s..1 C !"': fL~:;,t...~ V\Ev:/ A--'(' l 0..':4§:: Mr 1;:1-}lf'--:fo t;l\ti+ :(,..i--,::--::ze. ~'1';';12-0-.e-d:.. \.,P"'I' l'f11S"1 >t,-irl'i <3',L,:,::t61..J.<.,.._i:::,, ;;;,'?c:-...:., yY!r; w~-µ.l)>. Ca='. r S-P TESTING JNC. I Designed Sy: zt;;::.. 1,L ,, ~ . l Dote :£/lL/1.:3.,, PH. 612· 497-3566 A. B. C. fvtUUNU UbSlt.;N WUH.KSHtt.1 (For Flows up to 1200 gpd) FLOW :)_ --i'~~-'i;;:-,l:!.-t:.A--'is,Y. Estimated LJSU gpd (see pages D-7 or 1-3, 4, 5) Sl\ o or measured -gpd x 1.5 = . n uA,\.-r.l,;,;;:\ ..... '<-'= SEPTIC TANK LIQUID VOLUMES :J..-JD DU gallons (see pages C-3 or C-5) SOILS (refer to site evaluation) 1. Depth to restricting layer= ;;i, :l. ' 1..-to 1/ ;;,, 1o inches 2. Depth of percolation tests = I ~-II inches 3. Percolation rate \.-l, $" mpi 4. Land slope !d % D. ROCK LA YER DIMENSIONS 1. Multiply flow rate by 0.83 to obtain required area of rock layer: Daily Flow x 0.83 = :S'Y o gpd x 0.83 sq. ft./gpd =~sq.ft. 2. Select width of rock layer (10 feet or less) = / O ft. 3. Length of rock layer= Area·+ Width= yy "' sq. ft.+ I O ft.= y S° ft. E. ROCK VOLUME 1. Multiply rock area by rock depth to get cubic feet of rock; LI'-} ~sq. ft. X :1.£!(ft. = _:\1Q cu. ft. 2. Divide cu. ft. by 27 cu. ft./cu. yd. to get cubic yards; ~ cu. ft. + 27 = _Ll cu. yd. 3. · Multiply cubic yards by 1.4 to get weight of rock in tons; J.:J_ cu. yd. x 1.4 ton/ cu. yd.= 2'.::L tons. F. ADSORPTION WIDTH l.. 1.-rl·'-'\ \..O "-l Yv I l!stlmaLCd Sewage Plow, In Gallon a pa day (gpd) Number or Type I Type II Type Ill 1rf Bedrooms -I-300 225 D 180 ~il.50 ·:roo 218 60t, 4 600 37S 256 "' .... s 750 450 294 .. 1 ... la 6 900 525 332 1rr..1, 7 1050 600 370 m 8 1200 675 408 cohn• Scpllc Ta■k Capoclll.,., In a•II•"'• Nurnt-of Minimum Liquid Liquid corochy INith lkidtooma c.p.clty aarbaae di,1~-1 l0<lca1 750 112.S l or4 100> 1500 4 0< 6 1500 2250 7, 8 or 9 7ru) )(XX) 0\'0(9 ··-·· Absorption Width Slllng Tobie 1. Percolation rate in top 12 inches of soil is~ mpi l'm:olallon Race Gallons Ralioof I 2. Select allowable soil loading rate from table on page E-; .4 ( gpd/ft2 lnMinu1c,h SollTulun, pcrdoy per Absorp1ion wld1h 3. c;:akulate adsorption width ratio by dividing rock layer loading rate of 1.20 gpd/ft2 by allowable soil loading rate; 1.20 gpd/ft2 + .3S.:.__ gpd/ft2 = 2. k'.'.2 . Check this value on page E-16. 4. Multiply adsorption width ratio by rock layer width to get required adsorption width; ' ?,t,,? X __}_Q_ ft = 28 ft Inch (MP) Fa.~1er 1han 0.1 • 0.110 S 0.1 IOS •• 610 15 161030 )I lo4S 4610 (,() 60 10 120 SlowCTlhan 120 ... aquare fOOI 10 Rock Loyer Wid1h COAJUSond ........ ......... Sand 1.20 1.00 Fine Sand•• 0.60 2.00 Sandy Loam 0.19 l.~2 Loam 0.60 2.00 sn, Loam 0.50 l.40 Clay Loam 0.45 2.67 Clay 0.24 S.00 Clay ----........ G. · . DOWNSLOPE DIKE WIDTH 1. If landslope is 3% or more, subtract rock layer width from adsorption width to obtain minimum downslope dike toe for absorption: .) (, 11 ft -_!_!) __ ft = I 1 feet 2. Calculate minimum mound size based on gcometery: ., a. Determine depth of clean sand fill at upslope edge of rock layer: Separation /. 0 feet . b. Multiply rock layer width by lc1ndslope lo determine drop in elevation; Slope Difference __LQ_ x ~ % + 100 = _:_}j_ feet c. Add depth of clean sand depth of clean sand for separation at upslope edge (2a) to depth of rock layer to rock depth and the depth of cover to find the total mound height at upslope edge of rock layer; __ j__<Jl ft+ 1 ft+ 1 ft= 3, 0 feet d. Enter table on page bottom with landslope and upslope dike ratio. Select dike multiplier of '?, . 4 s e. Multiply dike multiplier by upslope mound height to get upslope dike width: 7 ,, u x ·:~ .. •-1,5' = _LQ_fcet f. Add the depth of slope difference (2b) to the upslope height to get the downslope height ·., . :) + . !~ = :.'.'.. 1 I feet g. Enter table on page botlom with landslope and downslope dike ratio. Select dike multiplier of Lj , J 1.;;, h. Multiply dike mulliplier by downslope mound height lo get downslope dike width: ~ x :-hll:_ = _LL feet i. Compare the values of step G.1 and Step G.2.h. Select the greater of the two values as the downslope dike width; j. Totai :~undf:~~th is the sum of upslope dike R,Kk·iS~-'::;,,.:J""';i"'":)t,-;:\-:-;\,.,.,i'7"/""'t:-~"'"{:T./-:-:t,.,.,:~~'7";ii""'i"'"\~,t:\.,.,f,.,.,J;'7"~]""':;~"'"tJ,t{G.,.,•:::~,.,.,-:::,:-,-~::,,__tr-\ ~~:~!~~;rock layer width pl us downslope l)Jt,;,:_:: ::::''. ~::~:'.:::~::,::~:,:::-~''.'.]tit _}_Q_ ft + __LQ_ ft + _u_ ft = __3_2_feet Upslop<" i"Jike W1<liii'.'.1~0.-~·-··:,::::--:: :.-:::/~?:·:-r.-:::-:,up,lopr l)lke Wldth..LQ_ k. !~i;~~:.~:~~~; \:i;; ::;l~f p~~:lope 1u~~~~!1l~~~~,i~~i~~l~:i~i~;;~ / o ft+ '-l 5 ft + / o ft= -1.c .-: f cct ? -----Total 1.englh {,._(;_ J ''\ l-) :, I . ·-1 ' ) (..., .-' ,,-) L~-, IJownslopc Upslope 3:1 4:1 5:1 6:1 7:1 3:1 4:1 5:1 6:1 7:1 8:1 ,_ ,lope 0 3.0 4.0 5.0 6.0 7.0 30 4.0 5.0 6.0 7.0 8.0 I 3JJ9 4.17 5.26 6.38 7.5] 2.91 u, 4.76 5.66 6.54 7.41 2 3.19 4.35 5.56 6.82 8.14 2.HJ 3.70 4 r;.c 5.36 6.14 6.90 3 3.30 4.54 5.1111 7.32 RM 2.75 J.5~_ 05 5.00 5.7'1 6.4.'i 4 3.41 ( 4.76--,. 6.25 7.8Q 9.TI 2.6.'l ' J 4., ") 4.17 4.114 5.46 606 5 3.53 5.00 6J,7 R.57 10.77 HI 1J3 4JX) 4.(,2 5.19 5.71 6 ; 3.(,(, 5.26 7.14 .Q)8 12.07 2:'-4 J.23 HIS 4.41 493 5.41 7 3.80 5.56 7.69 10_14 13.73 2.48 3.12 3.70 4.23 uo 5.13 8 3.95 5.1111 8 3) 1154 15 91 2.42 J.11.1 3.57 4 lfi 4.49 488 9 ... 4.11 6.25 9.09 13.04 IH.92 2.11, 2.94 3.45 J.90 uo H,5 I{) 4.7'1 667 11111 I, (kl 7111 711 1 IV, 111 17, 4 17 4 44 11 4.48 7.14 II.II 11.1,, JIUJ 2.26 17K Hl HI J.95 4.26 12 H,'1 7.1,9 1150 11.0 4175 111 770 1.12 149 1110 4(11 PUMP SELECTION PROCEDURE A. Determine pump capacity: Gravity Distribution 1. Minimum suggested Is 600 gallons per hour (10 gpm) to stay ahead of water use rate. 2. Maximum suggested for delivery to a drop box of a home system is 2,700 gallons per hour (45 gpm) to prevent build-up of pressure in drop box. · Pressure Distribution 3. a. Select number of perforated laterals-~~-- b. Select perforation spacing= --, ft. c. Subtr~ct 2 ft. from the rock layer length. GCi!rj,~g1h -2 ft. = .!::L1. ft. d. · Determine the number of spaces between perforations. ENO PERfOOATION Of A PERFORATEt> LATERAL .. ·, ~-; -, :;, ~ Uotl 12'tt U.. =~~-,.,..,...._.,. ot AIM:k uyor V .· c,-Sand Lo,.... I?r.,~;·i~•~:;11~-+ Length perf. spacing "".'.::12.. ft. + :;;__ ft. = -1.:L spaces e. --1...::l_ spaces+ 1 = _J£ perforations/lateral TABLF. OF PtmroRATION DISCHARGES IN CPM f. Multiply perforations per lateral by number of laterals to get total number of perforations. r:;:;.1• x k.:ft-,.,.1= .!:.LL perforations. 1 / LJ · ~, r 1 .. P-:v~ .!:J..,:;;.: ') rJ -, .. g. pen• X ;pmlp<i-1 = ~ gpm. SELECTED PUMP CAPACITY~";.,_-.,_ gpm B. Determine head requirements: 1. · Elevation difference between pump and point of discharge. I t.~ feet 2. If pumping to a pressure distribution system, add five feet for pressure required at manifold · ,,------"""-_feet 3. Friction loss 4. a. Enter friction loss table with gpm and pipe diameter. Read friction loss In feet per 100 feet from table. F.L. = I. ,.I ft./100 ft of pipe b. Determine total pipe length from pump to discharge point. Add 25 percent to pipe length for fitting loss, or use a fitting loss chart. Equivalent pipe length -1.25 times pipe length = (,. < x 1.25 = <'/ J feet c. Calculate total friction loss by multiplying friction loss in ft/100 ft by equivalent pipe length. Total friction loss= I, '-/ x ·f·'. ) +.100 =--')-'"-_feet Total head required is the sum of elevation difference, special head requirements, and total friction loss. / i (-- ----+ --'--'--+ ,) (1) (2) (3c) TOTAL HEAD ·.) '··, feet C. Pump seiection 1. A pump must be selected to deliver at least~ gpm (Step A) with at least~ feet of total head (Step B). Hend Perforation diameter (Inches) '/ JJ 'I, 1.0a 0.56 0.74 1.5 0.69 0.90 2.0b 0.80 1.04 2.5 0.89 1.17 3.0 0.98 1.28 4.0 1.13 1.47 ' 5.0 1.26 1.65 11URe 1.0 foot or head for t6ldentl11l systf!ml. bUse 2.0 fttt or head for other establl,hmmls Pipe Length D ~---El-c-va-ti-on_D_~-;-:~-t-•~r~~'.'.•' Pump 'l~ / F-18b 1.5 inch 2,0 inch 3.0 inch gpm Friction lou p..-100 n cl pipe 10 0.69 0.20 12 0.96 0.28 14 1.28 0.38 16 1.63 0.48 18 2.03 0.60 20 2.47 0.73 0.11 25 3.73 1.11 0.16 30 5.23 1.55' 0.23 35 7.90 2.06' 0.30 40 11.o? 2.64 0.39 45 14.73 3.28 0.48 50 3.99 0.58 55 4.76 0.70 60 5.60 0.82 •; .,. ! , H I' ,l I J. I. • .' ,\ '1 J. I.JI I ii U u u .! I J.,u,J , u L :_iu.i__:. llu 1. , !~!::!. Lpcatipn or Project David Carlson Co.,Pleasant View at Lake Minnetonka, The . Reserve &Datloets,14,15,16&1J~nB1g Borings made by S-P Testing, Inc. Steve Schirmers 1s1a a Classifiction System: AASHU ; USDA-SCS X ; Unified ; Other 5-7-92 --- Auger used (check two): lland X , or Power , Flight __ , or Bucket __ x __ _ Depth, in feet 0 - 1 - Boring number -----'----~ 1 Surface elevation 943.4 Topsoil dark brown loam 0 -1-1/2' Brown clay loam 1-1/2' -2 1 -MOTTLING 2 -Rusty olive brown clay loam 2' -2-1/2' Rusty olive brown 3 -loam 2-1/2' -3 I 8" Rusty olive gray 4 -sitly loam 3 I 8 II -4 I 8 II i<Usty 4 I 8 11 -5' olive gray oam 5 - 6 - 7 - 8 - End of boring at 5 I feet. Standing· water table: present at ____ feet of depth, hours after boring. X Not present in hole -----~- Mottled sqil: Observed at __ 2_'-feet of depth. Not present in hole ______ _ Comments: Depth, in feet 0 - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - Boring number 2 Surface elevation 945.2 Topsoil dark brown loam 0 -8" Gray brown loam 8" -2'2"-MOTTLING Rusty olive brown clay loam 2'2"-3'4" Rusty olive gray loam 3'4" -5' End of boring at ------- 5 I feet. Standing water table: present nt ____ _ feet of depth, hours after boring. Not present in hole ____ X ____ _ Mottled soil: Observed at 2 I 2 II feet of depth. Not present in hole _______ _ Comments: CLUfl~lLAtlUN J UU~Li 1Juy:; Ul :JUl.1 l\ULLll;:JS Loc:a tiori or Project David Car 1 son Co. , Pleasant ViewatLakeMinnetonka, TheReserve & Dorings ·made by S-P ~~sting, Inc. Steve Schirmers Lo1Jsa\\r15,l6&17,Big Island -5-7-92 Classifiction System: AASHU __ ; USDA-SCS X ; Unified ___ ; Other _____ _ Auger used (check two): Hand X , or Power , Flight __ , or Bucket __ x __ _ Depth, Boring number 3 in feet Surface elevation 943.4 0 -- Topsoil dark brown loam 0 -10 II 1 -Gray brown loam 10"-l' 4 11 Brown clay loam 1' 4" -1'10 11 -MOTTLING 2 - Rusty olive brown clay loam 3 -1'10"-3 I 4 II Rusty olive brown 4 -loam 3 I 4 11 -5' 5 - 6 - '; 7 - 8 - End of boring at 5' feet. StandiDg water table: present at 4-1/2' feet of depth, 24 hours after boring. Not present in hole ------- ,' Mottled soil: . . 1' 10" Observed at ___ feet of depth. Not present in hole ______ _ Comments: Depth, Boring number in feet Surface elevation 0 - 1 - 2 - 3 - 4 - . 5 - 6 - 7 - 8 - End of boring at -------feet. Standing water table: present at ____ _ feet of depth, hours after boring. Not present in hole _______ _ Mottled soil: Observed at feet of depth. Not present in hole _______ _ Comments: ., PERCOLATION TEST DATA SHEET Percolation test readings made by-~S ..... -.;...pi;:..___.T...t;e;;...;S:,..t......,_j .._n._'-g-1--,,__..._T.._ou.C~--on 5 -8-9 2 1,lotd starting :-it 1 : 4 9 Test hole locatinr7'he Reserve & Lots' 1 4 ' 15,,lfuTe'n~thticr ___ l __ , Date hole was prepared 5 -7 -9 2 Depth of hole bollom.__....,1....,2=--_inches, Diameter of holc __ _,6'--__ inchcs Soil data from test hole: Depth, inches Soil texture 0 -12" Topsoil dark brown loam Method of scratching si<lewall __ K_n_i_· _f_e _____________________________ _ 2 Depth of gravel in bottom of hole_....;._ ___ inches 5-7-92 2:30pm 12 Date and hour of initial water fill in,.,_ ____ , Depth of initial water filling _____ inches above hole bottom Method used to maintain at least 12 inches of water depth in hole for at least 4 hours Automatic siphon 6 -------------------, Maximum water depth above hole bottom during tes.___ ____ inches Time Percolation Time interval, Measurement, Drop in waler rate, Remarks minutes i_nches level, inches minutes per inch 1:39 prefill 6 1:49 2:04 II 5-1/16 3.0 15 min 2:09 2:24 II 4-5/8 3. 2 " II 2:25 2:40 II 4-3/8 3.4 II II Percolation rate = __ 3_. 2 _ _,minutes per inch. . . C'ERT.ft00627 PERCOLATION TEST DATA SHKET I} 1 . <l' <lb S-P Testing, Inc. 5-8-92 . 1:50 .,....JLlll......, cn.:o at1on test rea 111gs ma c Y--------------01~-----,---stai11ng aL---~-=-=----.<_J!:.!!1-./ The Reserve & Lots,14,15,16 &17 i~w, 5-7-92 Test hole locatio, .. _______________ , Hole number _____ , Date hole was prepare'-'------ 12 6 Depth of hole botton~ ____ inches, Diameter ofhol~• _____ inches Soil tlata from test hole: Depth, inches Soil texture 0 -8" Topsciil dark brown loam 8" -12" Gray brown loam Method of scratching sidcwall,_-"-K'-"n-"--'1.=-· =-f-"'e'------------------------------- 2 Depth of gravel in bottom of hole _____ inches 5-7-92 2:30pm Date and hour of initial water fillin,.__ ____ , Depth of initial water filling, _____ inches above hole bottom 12 Method used to maintain at least 12 inches of water depth in hole for at least 4 hours Automatic siphon 6 -------------------. Maximum waler depth above hole bottom during tcs.__ ____ inches Time Percolation Time interval, Measurement, Drop in waler ,rate, Remarks minutes inches level, inches minutes per inch 1:39 prefill 6 1:50 2:05 II 3-1/8 4.8 15 min 2:08 2:23 " II " II " 2:26 2:41 II " " " II Percolation rate -__ 4_. _B __ niinutes per inch. .. .! .CERT .Jt-0 0 6 2 7 PERCOLATION TEST DATA SHEET S · 5 8 9 2 1 51 a.m. Pcrcolalio1ltestreadingsma<leby -P Testing, INc. on --startingat-_: ____ ..._(::]5~~) 1,l1u,·J The Reserve & lots,14,15.16 &17 3 5-7-92 Test hole locatio · , Hole number _____ , Date hole was prepare_,_ ___ _ 12 6 Depth of hole botton~ ____ inchcs, Diameter or hole _____ inches Soil data from test hole: Depth, inches Soil texture 0 -10 11 Topsoil dark brown loam 10 11 -12 11 Gray brown loam Knife Method or scratching sidewall _________________________________ _ Depth or gravel in bottom or hole __ 2 ___ inches 5-7-92 2:30pm 12 Date an<l hour or initial water fillini.;,-----, Depth of initial water fillin,.,_ ____ inches above. hole bottom Automatic siphon Method use<l to maintain at least 12 inches of waler depth in hole for at least 4 hours _______________ _ 6 -------------------, Maximum water <lepth above hole bottom during tcs.__ ____ inches Time Percolation Time interval, Measurement, Drop in water rate, Remarks 'r minutes inches level, inches minutes per inch 1:39 prefill 6 1:51 2:06 " 2-13/16 5.3 15 min :07 2:22 II 2-11/16 5.6 " II 2:27 2:42 II 2-9/16 5.9 II II 5.6 Percolation rate =-----~.1inutes per inch. SANDY LOAM LAYER OF ·tEOTEXTILE FABRIC OR -4 INCHES OF ~ · .. , .. :-: ,, HAY COVERED BY . , BUILDING PAPER---~ -:>"" . . \ .,-;;' 111 OR 2 ,_,;.;.,•·· PIPE fooM PUMP7 -',.,:_.., .. ': 1/ ' / 1(-' _; PERFORATED LATERALS ... ;'/":'' / DIVERSION FOR 1/ J SURFACE WATER / .r. f -~ LAYOUT Of PERFORATED PIPE LATERALS fOli PRESSURE DISTRIBUTION IN MOUND TIC PIPE Q,,,,o,.,,o '':,,,o >•~· ~ \_ eESFOSAno•irn,onA)'ON -'-· ½ • - ON CENT,[Rfie: l/u,: 7 /ll, ~ f§>-. 2 .MANIFOLO END SIZ~E ~ ~XIPE ~ VIEW oe ''• -_ ~ =-. :~ -o• eono• o, . --,,, ~'1::o .. HoNS "" ---",., ¾~, PLASTIC -,;.:-,-- ~ •o~ ~-~ f{ftL "" -,r£ /4cAP i~o, ~ r0Rft1EO L --pER ~ of ,__., GfH , F.11 "' -~~ LAY£R OF GEOTEXTlLE FABRIC LOAMY SANO CAP PERFORATED LATERAL 6 INCHES• TOPSOIL GRASS COVER :LEAN SANO FILL \.IAXIMUM SLOPE -- 3 TO I PLOWED OR 01SKEO SURFACE ~ SUBSOIL ENO SECTION P•PE FROM PIJMP\NG CHAM8ER Lr,--, -n 1•: : I , . : /- _-PERFORATED : : : 1 LATERALS~! ' : : 'I ~ • : i I I : : ; I • I I ' ' I ' ' ' ' 'lJ SEO AREA~ ; : ! . : : ..,.....:· I :----¥-"·-~ I ' ' ! : ! I \/'I \/'I' I : w w: I : 3 3: 1 1 - I:~.~: ':::j--20 I :, o ! o ~ 20 · -· INCHES I : '<I' :'<I' : j INCHES :.: I: : : I - ·L: : : I . 01KE __ __j_Jo FEe:rl-o,KE MAX. TOTAL WIDTH ! \ PERFORATION OF A PERFORATED LATERAL : ;ii:vtt . '. ~i~o:!, ~~o;_::•!!,• [.;!'~o!:.~~- .. •1tn r,d rOWI ~, 1 P1t~!..."11..on Ortilct.l HorJzontatly •·1--"';jP Noor Top . • .. ,. -.u Leo.1 12• ro Edo• . -. •:iJ. of Roa Layer Cleon Sand l.J>yet 7 Of"19_,;· Soll Pr;rly S:.,tl4d 9•f,o,r• Ploc.1rHt Sand Lo11er ..... I ------ WATEH TIGIIT 0. LOCKABLE ELECTRIC ClOX-"- PLUGS on ELECTRIC CONNECTIONS ------- 2'' PVC CONDUIT SCHEDULE BO • _I - REDWOOD, CEDI\H OR TREATED POST (4 x 4 min) ~ ~~1D1:L~b\RIC CONNECTIONS MADE -LOOP OF POWER cono FOR SETTLEMENT · MANHOLE COVER CHAINED O LOCKED 6 S~ SEALED MANHOL_E HINGS -- J SEALED TANK COVER-· PLASTIC ROPE OR CHAIN WITH ANCHOR-----... I\LARM Fl.OAT ON SEPARATE-----....__, ELECTRICAL CIRCUIT--- SJI\RJ_L_E_V~L \? ___ .}.~-" 3"-1 ', SHLJT.~ 9.ff _L_E.Y_EL'v _ --✓ PUMP CON THOL FLOAT . / CONCRETE MANHOLE f11NG tlNAL GRADE AT LEAST 12· BELOW Gll/\OE / --~/~ -~_R_ ~_..., ,..A.-.1---'--WIRE rnoM POWER SUPPLY -PIPE IS LAID ON A UNIFORM SLOPE FROM PIJM_P STATION UP TO SOIL TREATMENT 1\11EA FOR PROPER DRAINBACK . L IF PIPE AT TANK MUST BE LOWER TI-IAN UNION. TO GET ELEVATION FOR ORAINO/\CI<, A 1/-4 INCH WEEP HOLE MUST OE USEO -WEEP HOLE NOTES: ELECTl1IC/\l Win( FROM POWER SUPPLY MUST NOT nuN OVER ANY TANKS BU 1 MUST BE LAID BESIDE OTl IER TI\NKS ANO MUST BE PLI\C[D IN CONDUIT ALONG POST ELECTRICAL conos FROM PUMP AND FLOATS MUST BE RUN THROUGH CONDUIT. WIRES C/\NtmT HAVE GROUND CONlACl. Figure F-8 METHODS OF SECURING MANHOLE COVER TO PREVENT UNAUTHORIZED ENTRY Figure C-14 ,,."'__ ... VERTICAL SIDEWALL SEPTIC TANK _,,,.,,rFINISHED GRADE 1 ~'._,--=~,-,-------J' ,1: / l • Ir. ~r AT LEAST \¥ "1'" 6" TO 12;, SOIL \t AT 4!.-5f~T '-', M:;~ 1-r:~ ~'tAsT_~" _____ .L1 • ' 1 (ovERAT LEAST , .. ~----.... .__ J I •· ., ·1 I • :·.• I ... • · L:..--'---~--'-----'--'--'--'·-· ···I r 1 ---,-.-_ I I. A DIMENSIONS FOH TANKS WITH VE.nTICAL __ ?!DES A -_.J " WIDTH._W-2-1· MINIMUM-· -_ 1-----t---i _ --.1 • I ' LENGlH, L 2 TO 3 1 IMES THE_W....,IO_T,....H-· -·· ·-- OII\ME1ER c6"Mtt-ii'Mi.JM . ·-------Dq'.~HLQ___ ~-0~ _!.!'\J~IMllM_;_Jlf __ ~AXIMUM A 02 D ___ _ B .... f'_MINIMUML0:2 0 MA~IM\J!-,-1 __ _ C O 4 D B _i tAT LEAST 3" -·-·· --AT LEI\ST 4 FEET· ----------·------- C L .J uutrs·. I. S/11111/IIIY 1(tS /11 lf /\SI• ftlUl(S IN (11/11-Af 1rn 4 ~Wll IOI l OOVlllS Sll/\l.t rf'. lOC/IIEDWllf lf,111 IHCll{S. tr TIE Mmll(Jl[ IS W,lUH &It NcllE80f 111( sunr11CE 111( ooYlcllMJSt IE SH"Jll'D 1or11cvcu1 M:CC5.'I. 2. 111tri. 5111\J I. Ul ~111( 0111.0:~I~ 1,1/\10:Jl(S. ?')" \Fl\~I llll.Al".llSK)Nl\l._llOC/\lrllWIIIIWl&lltl Of N.l 1NII< • W1'1.l~. ~ r.r rAJ'II\ I ll)N OIS t MW;[ (If rv.,c EH HII) ()" rt«. E' l'r'f AN\) 6" 3. I\N WISl'lC IION rll'f or I\T ll/\SI 4 INCi l(S lll"'K: 1£11 on I\MI\NIIOH Sl I/II.I RHOCIIIEOOV(fl 0011111 II; IN\ ET NlOOUIL[ I UlVK'Vl HIE Cll11Elll1NCC1" 111; ll~'lCllJll 1•1rt_,; Slll\l.l \Jl 11\C ~/\Ml' "5111( C.CHI\ IIIINE OI' lt<E Nf MlfST l'Oltll OtlOArrtC 6111\1.t lJlc HOltSS 11WU INCIIES «'I NO MIJ! II, 11 Wl 12 NCI 1£5. .. UN fll Ol't ►IING~ QON II IS O.t!,O /\NO DltA tlSICltl C 15 o J50. . .. 4 ,_ ·- ; CLEAN OUT TANK WHEN: ,I ......... ~ MEASURE IN SCUM THE AND SLUDGE SEPTIC TANK "T( IS 3• OR LESS OR •e• IS 12" OR LESS ~ BLACK COLOR DISTINGUISHES SLUDGE LAY~ FROM LIQUID ACCUMULATIONS !) American Title Insurance Company FileNo: RRH 93-3158 Applicant :. ______________ _ SCHEDULE A 1. Effective date: December 22, 1992 at 7:00 A.M. 2. Policy or Policies to be issued: (a) ___ ALTA Owner's Policy -1987 (Rev. 4-6-90) ___ ALT A Leasehold Owner's Policy -1987 (Rev. 4-6--90) ___ AL TA Residential Owner's Policy -1987 (Rev. 6-1-87) Proposed Insured (b) ___ ALTA Loan Policy -1987 (Rev. 4-6-90) ___ AL TA Leasehold Loan Policy -1987 (Rev. 4-6-90) Proposed Insured: A Meridian Company 3. The estate of interest in the land described or referred to in this Commitment and covered herein is fee simple (Identify estate covered, i.e. Fee, Leasehold, etc.) 4. Title to the said estate or interest in said land is at the effective date hereof vested in: See attached S~hedu~~-'_'A" -Item 4 for the fee owners 5. The land referred to in this Commitment is described, as follows: ____ H~e_nn-e_p_1-· n ____ County See attached Schedule •A• -Item 5 for the legal description Countersigned: Regency Title, Inc. By -&•'-<-m . ~ ~U1llORIZBD SIONATORY • · (PloaN l'rilll Nan,a Below) PORM T-657 (A) ("91) Rl!PRINTl!D (3,'.12) Janice M. Cole Amount ALTCOM Schedule A -Item 4 File No.: RRH 93-3158 . PARCEL A: Pauline Vanderhoof PARCEL B: Tract 1: Charles LeRoy Pegelow Tract 2: Charles L. Pegelow, married to Ethel M. Pegelow PARCEL C: George L. Adams and Donna L. Adams, husband and wife as joint tenants · .. .-..': .. -.. Schedule A -Item 5 File No.: RRH 93-3158 PARCEL A: Tract Marked •Reserved• on the Plat of Pleasant View, Lake Minnetonka. (Property is Abstract) PARCEL B: Tract 1: Lots 14 and 15, Pleasant View Addition, Lake Minnetonka (Property is Abstract) Tract 2: Lots 16 and 17, •Pleasant View Lake Minnetonka•, exlusing any portion of said Lot 17 which consists of accretions to said lot as originally platted, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. {Being registered land as evidenced by Certificate of Title No. 596783.) PARCEL C: Lot 18, Pleasant View, Lake Minnetonka (Being registered land as evidenced by Certificate of Title No. 585266.) -:: :· :~-··.··;_ .. :•. ' .. ··::_:•.:··., .. . ........ -=-.·· -·· ··.-. :· . · .. :. ..... ··.--•:·. •,· ... ·,r·-. American Title Insurance Company SCHEDULE BI (REQUIREMENTS) 1. The following are the requirements to be complied with: A Meridian Company File No.: RRH 93-3158 1. Payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate or interest to be insured. 2. Instruments in insurable form which must be executed, delivered and duly filed for record: PORM T-657 Bl (,,65) RBPRINTl!O (2tJ2l NONE AS TO ANY OF THE PARCELS American Title Insurance Company A Meridian Company File No.: RRH 93-3158 SCHEDULE B II (EXCEPTIONS) Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. All assessments and taxes for the year 19 9 2 and all subsequent years. 3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would show. 5. Rights or claims of parties in possession not shown by the public records. 6. Roads, ways, streams or easements, if any, not shown by the public records, riparian rights and the title to any filled-in lands. PORM T-657 (81 I) (5,11S) R.l!!'R_~\'.l (?tm 7. Taxes due and payable in the year 1992 in the amount of $2,255.78 are unpaid, plus penalty and interest, if any. The base tax amount is $2,255.78. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0012. The 1992 taxes are non-homestead. No representation is made regarding subsequent years' homestead tax status. AS TO PARCEL A Taxes due and payable in the year 1992 in the amount of $165.72 are paid in full. The base tax amount is $165.72. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0012. The 1992 taxes are non-homestead. No representation is made regarding subsequent years' homestead tax status. AS TO PARCEL B -Lot 14 Taxes due and payable in the year 1992 in the amount of $165.72 are paid in full. The base tax amount is $165.72. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0013. The 1992 taxes are non-homestead. No representation is made regarding subsequent years' homestead tax status. AS TO PARCEL B -Lot 15 Taxes due and payable in the year 1992 in the amount of $78.68 are paid in full. The base tax amount is $78.68. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0014. The 1992 taxes are homestead. No representation is made regarding subsequent years' homestead tax status. AS TO PARCEL B -Lot 16 r.ON'T'TNTTF.n Schedule B -Section II File No.: RRH 93-3158 Taxes due and payable in the year 1992 in the amount of $465.18 are paid in full. The base tax amount is $410.13. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0015. The 1992 taxes are homestead. No representation is ma.de regarding subsequent years' homestead tax status. AS TO PARCEL B -Lot 17 Taxes due and payable in the year 1992 in the amount of $1,786.02 are paid in full. The base tax amount is $1,786.02. The real estate property I.D. or Plat and Parcel Number is 22-117-23-31-0016. The 1992 taxes are non-homestead. No representation is made regarding subsequent years' homestead tax status. AS TO PARCEL C Subject to levied and pending assessment searches on all of above parcels. AS TO PARCEL A: 8. Terms and conditions of that certain Contract for Deed by and between Pauline Vanderhoof, single, as vendor, and David R. Carlson and Jan W. Carlson, husband and wife as joint tenants, as vendee, dated March 15, 1991, filed October 6, 1992, as Document No. 5976187. 9. Rights of the public and of the state in and to that part of premises lying below the natural high water make of Lake Minnetonka. 10. Rights of tenants under unrecorded leases. 11. Such facts as disclosed by survey of Schoell & Madson, Inc. dated February 12, 1992 as revised. AS TO PARCEL B: 12. Mortgage dated June 16, 1980, filed June 20, 1980, as Document No. 1385415, executed by Charles L. Pegelow and Ethel M. Pegelow, husband and wife, in favor of Vernon E. Faaberg, to secure the original principal amount of $6,000.00. (As to Tract 2) 13. Such facts as disclosed by survey of Schoell & Madson, Inc. dated February 12, 1992 as revised. Schedule B -Section II File No.: RRH 93-3158 NOTE: The above survey discloses an encroachment of the deck on Lot 18 adjoining to the East, onto Lot 17. INFORMATION NOTE: The office of the Registrar of Titles advises that the OWner's Duplicate Certificate was mailed to the fee owner. (As to Tract 2) INFORMATION NOTE: The OWner's Duplicate Certificate must be surrendered as a prerequisite for the filing of instruments. (As to Tract 2) NOTE: Because it is necessary to file instruments in both the office of the County Recorder and the office of the Registrar of Titles, and there is a time lag if one instrument is presented, it is recommended that instruments to be filed in both offices be executed in duplicate, and filed in both offices simultaneously. AS TO PARCEL C: 14. The above legal description constitutes a split of an existing tax parcel. Approval of the appropriate municipal officers for such a split to take place must be obtained and appear on the face of any instrument of conveyance or a certified copy of the resolution by the City must be submitted to the Company. In addition,~ the instrument of conveyance must contain a certification from the County T~easurer that the taxes, special assessments and service charges due in the current tax year have been paid in full for the tax identification number referred to above. A copy of said instrument of conveyance with such certification from the County Treasurer must be submitted to the Company for approval prior to closing, or at the time of closing the Company must be provided with funds sufficient to pay the same. 15. The Certificate of Title covers the premises described above and other land. A Residue Certificate may be required if the premises are conveyed. 16. All minerals and mineral rights are reserved by the State of Minnesota, as shown on the Certificate of Title. 17. Such facts as disclosed by survey of Schoell & Madson, Inc. dated February 12, 1992 as revised. Schedule B -Section II File No.: RRH 93-3158 NOTE: Survey discloses encroachment of deck on Lot 18 onto Lot 17 adjoining to the West. INFORMATION NOTE: The office of the Registrar of Titles advises that the Owner's Duplicate Certificate was taken out on March 22, 1988 by the fee owner. INFORMATION NOTE: The Owner's Duplicate Certificate must be surrendered as a prerequisite for the filing of instruments. PLEASE DIRECT ALL INQUIRIES TO JANICE COLE AT (612) 832-5188. £ 'd IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION OF LAND A 27374 STATE OF MINNESOTA COUNTY OF HENNEPIN In the matter of the Petition of Donna L. Adams DISTRIC'r COURT FOURTH JUDICIAL DXS~RICT OBQER For an Order Directing the Registrar of Titles to add accretions to Certificates of Title Nos. 585266 and 596783. The above entitled matter came on for hearing on the 30th day of March, 1993, at Room A 702 of the Hennepin County Government Center in the City of Minneapolis in said County and State, before the Deputy Examiner of Titles to whom said matter has been duly referred pursuant to M.S.A. Section 508,13, to hear the evidence in said cause and report his conclusions therefrom, and who has filed his report he.rein i and the Court having duly considered the Petition, the evidence adduced by the petitioner(s) and the Report or Reports of the Examiner, finds: 1. That the 28th day of December, 1979, the Registrar of Titles entered Certificate of Title No. 596783 to Charles L. Pegelow for the following described land: Lots 16 and 17, "Pleasant View Lake Minnetonka", exclusing (sic) any portion of said Lot 17 which consists of accretions to said lot as originally platted. 2. That on the-10th day of April, 1979, the Registrar of Titles entered certificate of Title No. 585266 to George L. Adams and Donna L. Adams, husband and wife as joint tenants, for Lot 18, Pleasant View, Lake Minnetonka, and other lands. 3. That since the registration of title to the above-described lands, more land has been added to said Lots 16, 17 and 18, by accretions thereto as shown by a copy of a survey, whfch is the proposed plat of ISLAND POINTE, a copy of which is on file herein. 4. That the language: ''exclusing (sic) any portion of said Lot 17 which consists of accretions to said lot as originally platted" was inserted in the Decree of Registration pursuant to which Lot 17 was registered in Torrens Case No. 9256, -1 - cccc-clv-c~9 131 GNOd '8 G33~ 0000 l0 : n £6 , ~ 'J dt.1 · · • • • • ,' • • • ', ',,:, "';' w••••' '• •,•• ----• ,.. ,.. --' -------,.. -,.. ----------,.. ------,.. ,.. --------" --... • t;, 'd apparently due to an answer filed in that case by Pauline Vanderhoof who now joins in the plat of ISLAND POINTE with the petitioner and because of the drawing on the plat of 11 pleasant View on Lake Minnetonka 11 which shows Lot 17 extending out into the bed of Lake Minnetonka: however, there is no evidence in the court file that there were any accretions to Lot 17 at the time of the registration. 5. That all of the parties other than said registered owners listed in Paragraphs land 2 supra with record interest in lots adjoining the accretions sought to be registered herein are named on the proposed plat of ISLAND POINTE, namely, Pauline Vanderhoof, (the record owner of the tract designated on "Pleasant View Lake Minnetonka" as Reserve) and David R. Carlson and Jan w. Carlson ( contract purchasers of the Reserve). 6. That notice of this pr.oceeding has been given to the State of Minnesota by service upon it o! an Order to Show Cause. That Pauline Vanderhoof, David R. Carlson, Jan w. Carlson, George L. Adams and Charles L. Pegelow have filed their consent herein to the Order to be entered herein. That there are no persons in possession of said Lots 17 and 18 other than said record owners and contract purchasers. NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:. l. That the Registrar of Titles, upon the filing with him of a certified copy of this Order, show by memorial on Certificate of Title No. 585266 that there is added to the land description contained therein the following language: and the accretions to said Lot 18 lying between the Southerly extensions of the Easterly and Westerly lines of said Lot 18 to the shoreline of Lake Minnetonka. 2. That the Registrar of Titles, upon the filing with him of a certified copy of this Order, show by memorial u~on Certificate of Title No. 596783 that the following language now included in the description: "exclusing (sic) any portion of said Lot 17 which consists of accretions to said lot as originally platted" is omitted and the following language is added: AND and the accretions to said Lot 17 lying between the Southerly extensions of the Easterly and Westerly lines of said Lot 17 to the shoreline of Lake Minnetonka. 3. That in future Certificates of Title for lands described in -2 - cccc-cll7-cl9 731 GNOd '8 G33tl 0000 [ ---------3J------~ ----~ ----. ":' -----:--~ ----j/':"·~ .. -~ ~ ---"": ---------~ -~.-..... ! ~(:,-:-------.. -----------..... -... , .. -... :-::---------· ---. ·' .. :: ' ; ·, C: 'd 3. That in future Certificates of Title for lands described in Certificate of Title No. 596783, that the Registrar of Titles omit the following language in the land description: "exclusing any portion of said Lot 17 which consists of accretions to said lot as originally platted" and in future Certificates issued for land described in Certificates of Title Nos. 585266 and 596783 1 the Registrar of Titles omit the memorial of this Order and carry the added land description language set forth in Paragraphs land 2 above in the body of said future certificates. DATED: _________ , 1993 Judge The fomgoing facts were found by me. a1ter due hearing and lheentry~ ~mended. RlCHARos.unie Deputy Exam ner of Titles -3 - c:c:c:c:-c:lv-c:19 131 CTNOd '8 Q33tl · : -0000 ----------!-------------.-----';" ------~ --:· -,r:,_~ .-. -:>:: ,: :--~ ~-----------~· -. -;_,-; --~ -.*~ -------------_. -·-= .. -. -.:. ---, --------------------- DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR ISLAND POINTE TH~ECLARATION made as of this3l~t day of '(}}£)A , 1993 by David R. Carlson and Jan W. Carlson, husband and wife (hereinafter collectively referred to as "Carlsons"), Pauline Vanderhoof, a single person (hereinafter referred to as "Vanderhoof"), Charles Leroy Pegelow (hereinafter referred to as "Pegelow") and Ethel M. Pegelow, his wife (said Carlsons, Vanderhoof, and Pegelow being hereinafter collectively referred to as "Declarants"). The following recitals of fact are a material part of this instrument. Carlsons are the owners of, and Vanderhoof is the holder of a mortgage on, certain real estate located on Big Island in the City of Orono, Hennepin County, Minnesota described as follows: Lot 1, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter referred to as "Lot l"). Pegelow is the owner of certain real estate adjacent to Lot 1 legally described as follows: Lot 2, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter referred to as "Lot 2"). Ethel M. Pegelow, the wife of Charles Leroy Pegelow, although not an owner of the Pegelow Land, consents to and Joins in this Declaration for the purpose of releasing her inchoate marital rights in the Pegelow Land. The Declarants are replatting their respective properties as part of the plat of Island Pointe, and are exchanging deeds and are executing and delivering this Declaration, all as part of an overall agreement and plan to realign the boundaries between their respective parcels, to provide for a common septic system for the Lots and to provide for water service and certain protective restrictions, and the execution and delivery of this Declaration among the parties is an integral part of the consideration and exchange of promises and acts among the parties. NOW, THEREFORE, Declarants hereby declare that the real estate described as follows: Lots 1 and 2, Block 1, Island Pointe, according to the recorded plat thereof, Hennepin County, Minnesota all of which collectively is hereinafter referred to as the "Real Estate") is and shall be held, transferred, conveyed, sold, leased, occupied, developed and used subject to the covenants, restrictions and easements hereinafter set forth, which are part of an overall plan for the purpose of protecting the value, desirability and attractiveness of said real estate, and which shall run with the Real Estate and be binding upon and inure to the benefit of all parties, their heirs, personal representatives, successors and assigns having any right, title or interest in the Real Estate or any part thereof, their heirs, successors and assigns. Section 1. ARTICLE I DEFINITIONS "Lot" shall mean each of said Lots 1 or 2. Section 2. "Owner" shall mean the record owner, whether one or more persons or entities of a fee simple title to a Lot. An Owner may assign some or all of its rights under this Declaration to a contract vendee or tenant, but only by a written instrument. Section 3. "Septic System Easement Area" shall mean parts of Lots 1 and 2, Block 1, ISLAND POINTE, according to the recorded plat thereof, described on Exhibit A hereto. Section 4. "Septic System Improvements" shall mean the tanks, drainfield, pipes, and related equipment and appurtenances installed from time to time within the Septic System Easement Area. Section 5. "Cabin" shall mean a detached housing unit consisting of connected rooms in one structure designed for use as living or vacation accommodations for one family or other grouping of persons living or vacationing together. ARTICLE II EASEMENTS Section 1. Grant of Easements. Declarants hereby create the following perpetual, non-exclusive easements and rights in, over, under, across and upon the Septic System Easement Area for the benefit of Owners of all or any part of the Lots and appurtenant to all and any portion of the Lots for septic system -2- purposes, which shall include the right to construct, maintain, repair, reconstruct and use septic tanks, pipes, and other Septic System Improvements thereon. Section 2. Duration and Amendment. All easements herein created are permanent easements appurtenant, running with the land and all such easements herein contained shall at all times inure to the benefit of and be binding upon the respective Owners from time to time of all or any part of the Lots and their respective heirs, successors, personal representatives and assigns. The rights and obligations hereby created shall pass with the title to all and every portion of the Lots. An owner may delegate its rights hereunder to tenants, contract purchasers, invitees and lawful occupants of his Lot. The provisions of this Declaration creating or relating to easements may only be amended by the unanimous written consent of the Owners and mortgage holders of both Lots. Section 3. Construction. The rule of strict construction does not apply to the easements created by this Declaration. This Declaration shall be given a reasonable construction so that the intention of the Declarants to confer a reasonably usable right of enjoyment on the Owners of the Lots is carried out. ARTICLE III COVENANT TO PROVIDE WATER The Owner of Lot 1 hereby covenants, and each successor and assign to such Owner by acceptance of a conveyance of an interest in said Lot 1 shall be deemed to covenant, with the Owner of Lot 2 to undertake to provide to the Owner of Lot 2 water from any functioning well on Lot 1. The Declarants expressly disclaim any intention to create an easement with respect to any such well or waterlines on Lot 1. The Owner of Lot 1 will not be deemed to guarantee the quantity or quality of available water, but only agrees that to the extent that water is available for domestic purposes for Lot 1, the Owner of Lot 1 shall make such water equally available to the Owner of Lot 2. The Owners of the two lots may from time to time agree on the details of any necessary piping or connections to Lot 2. ARTICLE IV OPERATION Section 1. Maintenance. The Owners of the Lots shall jointly undertake the management, maintenance, repair and replacement of the well and waterlines on Lot 1 and of the Septic System Improvements, all as reasonably necessary to maintain the same in good working condition and repair (and to restore earth and sod if disturbed by such activities), but in -3- the event of a dispute with regard to use, maintenance, expense or any other right or obligation under this Declaration, either Owner may by arbitration under the provisions of Chapter 572, Minnesota Statutes, the Owner of each Lot being entitled to appoint one arbitrator, and the two arbitrators so chosen to appoint the third arbitrator, the decision of a majority of the arbitrators to be decisive. Prior to commencement of construction or demolition on a Lot, the Owner thereof will give written notice to the Owner of the other Lot. Special care shall be taken to protect the Septic Systems Improvements during any construction on a Lot, and the location of the tanks and drainfield shall be staked prior to any construction or demolition on the Lots. Section 2. Costs. The expenses of the management, maintenance, repair or replacement of the well and waterlines on Lot 1 and of the Septic System Improvements shall be allocated equally between the two Lots, with the following exceptions: a. If damage to a Septic System Improvement or such well and waterlines is directly caused by the negligent or willful act of an Owner or the lawful occupant of an Owner's Lot, the expense of repair shall be attributable to such Owner; b. Except for circumstances described in subparagraph a. above, each Owner shall pay the cost of maintenance, repair, or replacement of any connecting pipes or waterlines which solely benefit such Owner's Lot or Cabin; and c. The Owners may by unanimous written action agree upon any other allocation of expenses as they may deem fair and reasonable. Section 3. Cooperation. The Owners of the Lots shall try to agree on the maintenance, repair and replacement of the well and waterlines on Lot 1 and of Septic System Improvements, but in the event an Owner believes that work is reasonably required which the Owner of the other Lot will not agree to, the first Owner may after seven days written notice perform such work, but the cost thereof shall be borne by the Owner ordering the same unless or until the Owners of both Lots agree on an allocation or arbitration determines an allocation. Section 4. Debts. If at any time an Owner of a Lot shall fail upon demand to pay the Owner of the other Lot (herein the "Claimant") any sum of money due Claimant pursuant to the provisions of this Declaration, then Claimant shall have the right to pursue any remedy available at law.or in equity, and the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and expenses incurred therein. Whenever an Owner is obligated hereunder to pay a sum of money to another Owner, interest shall accrue and be payable on such -4- sum from the time the sum first became due until paid, at the rate of twelve (12%) percent per annum or at such lesser rate as the Owners may set by agreement from time to time, but in no event shall the rate of interest be greater than that lawfully collectible under then current laws. Section 5. Termination of Covenant Liability. Whenever a transfer of ownership of a Lot (or any part thereof) takes place, liability of the transferor for breach of covenant or expense occurring thereafter automatically terminates. ARTICLE V CABIN AND LOT RESTRICTIONS Section 1. Use. No more than one Cabin (and accessory buildings) shall be erected or maintained on each Lot, and no Lot shall be further subdivided or partitioned. No Cabin shall contain more than two bedrooms. Section 2. Duration and Amendment. The covenants and restrictions of this Declaration (other than those relating to the easements) shall run with and bind the land and shall inure to the benefit of and be enforceable by the respective Owners from time to time of all or any part of the Lots and their respective heirs, successors, personal representatives and assigns for a period of 30 years after the date of recording of this Declaration, after which time the covenants and restrictions shall be automatically renewed for successive periods of 10 years unless amended or terminated by recording a statement executed by the Owners and the mortgage holders of both of the Lots and by the City Council of the City of Orono. ARTICLE VI GENERAL PROVISIONS Section 1. Enforcement. An Owner of a Lot may enforce this instrument by appropriate action and should it prevail in such litigation, it shall recover as part of its costs a reasonable attorney's fee. Section 2. Notice. Any notice required or permitted to be given under this Declaration shall be deemed given if deposited in the U.S. Mails registered or certified mail, return receipt requested and addressed to the last known address of the recipient. Notice so given will be deemed given when deposited in the mail. 'Notice may also be given in writing by personal delivery. An Owner may give other Owners notice of its current address by written notice under this Article. -5- IN WITNESS WHEREOF, Declarants to be executed the day and year fi s\t David R. Carlson instrument ~.WI~ ~ W. Carlson p~~~~ ~/2.e~/ Ethel M. Pegelow 7 STATE OF MINNESOTA) ) ss. COUNTY OFlo_,[6\D.._, ) Th~~regoin0strument was acknowledged before me this~ ~ay of J...n,1.ltD,_) , 1993, by Pauline Vanderhoof, a single person. STATE OF MINNESOTA) \...,_\ __ , ) ss. COUNTY OF ,i~\(L, ) Th~~oregoip Jnstrument was acknowledged before me this~~ay ofY~eL~'A_) , 1993, by David R. Carlson and Jan W. Carlson, husband and wife. -6- STATE OF MINNESOTA) I'\ \--.~ ) ss. COUNTY OF4~Qu)'\[L, ) .. Tn~_iforegoing inst5ument th1 s ~ day of ffi<,!,Q( , Ethel M. Pegelow, husband and THIS INSTRUMENT DRAFTED BY: N. Walter Graff BEST & FLANAGAN 3500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 228lp/3-17-93 was acknowledged before me !i~!:~ "al~ and -7- EXHIBIT A Septic System Easement Area Those parts of Lots 1 and 2, Block 1, Island Pointe, Hennepin County, Minnesota described as follows: Commencing at the most northerly corner of said Lot l; thence on an assumed bearing of South 20 degrees 46 minutes 47 seconds West, along the northeasterly line of said Lot 1, a distance of 30.015 feet, to the point of beginning of the easement to be described; thence South 36 degrees 00 minutes 00 seconds West a distance of 51.112 feet; thence South 63 degrees 32 minutes 36 seconds East a distance of 50.00 feet, to the easterly line of said Lot l; thence North 26 degrees 27 minutes 24 seconds East, along said easterly line and its northerly extension, a distance of 35.751 feet; thence South 78 degrees 45 minutes 20 seconds East a distance of 53.59 feet, to the easterly line of said Lot 2; thence North 10 degrees 03 minutes 35 seconds East, along the easterly line of said Lot 2, a distance of 14.003 feet, to an angle point in said easterly line; thence North 18 degrees 51 minutes 39 seconds East, along said easterly line, a distance of 51.454 feet, to an angle point in said easterly line; thence North 78 degrees 45 minutes 20 seconds West a distance of 77.918 feet, to the intersection with a line which bears North 36 degrees 00 minutes 00 seconds East from the point of beginning; thence South 36 degrees 00 minutes 00 seconds West a distance of 44.008 feet, to the point of beginning.