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Home My WebLink AboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: David R. Carlson 2400 Mayflower South Minnetonka, MN 55343 TYPE OF APPLICATION: Variance DATE OF MEETING: 6/15/92 ZONING FILE 11745 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 6/22/92 COPIES TO: VOTE: 5 For O Against The Planning Commission recommended tabling your variance application at your request because of the apparent intent of the Planning Commission to vote unanimous denial of the improvement plan as proposed as structure could be relocated within approved building envelope outside of 75' lakeshore protected area. You asked the Planning Commission to recommend tabling as opposed to a unanimous denial. Per our recent phone conversation you advised that you would not return with the revised plan for several months as you wished more time to consider a complete new seasonal dwelling if current seasonal dwelling could not be upgraded at present location. With your plan to redesign a new structure, please refer to the RS district code sections that provide clear directives for construction on Big Island. In light of the property's limitations regarding suitable or adequate area for septic development, your seasonal dwelling would be limited to a structure under 800 s.f. As we also discussed on the phone, it would be necessary for you to provide elevation information as to any potential conflict with the flood plain at the 931.5 elevation. Based on the spot elevations completed for the septic work, it appears the area may be located within the flood plain of Lake Minnetonka. As I also advised, I would be in contact with the DNR to determine how this may impact your plans for new construction. In any event, the City will need your written request to table the variance application indefinitely per requirements of State law. Please contact my off ice if you have any further questions or if you wish to meet to discuss any preliminary plans for new construction. lsv To: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: June 10, 1992 Subject: #1745 David Carlson, 620 Big Island - Variances -Public Hearing Pertinent Ordinances 1. Section 10.22, Subdivision 1 (B) -Lakeshore setback variance approvals required as entire seasonal dwelling is located within the 0-75' setback area and applicant proposes major structural modifications and intensifications of structure. 2. Section 10.22, Subdivision 2 -Hardcover variance required within the 0-75' setback area. 0-75' setback area= 38,430 s.f. Allowed= 0 s.f. Existing= 1,240.92 s.f. or 3.22% Proposed= 1,491.52 s.f. or 3.88% Additional hardcover= 250.6 s.f. or 0.66% Review of hardcover within the 75-250' setback area: 75-250' setback area= 4,797 .s.f. Allowed= 1,199.25 s.f. or 25% Existing= 243.4 s.f. or 5.07% Proposed= 777.52 s.f. or 16.2% 3. Section 10.55, Subdivision 26 (B) -Non-conforming uses. Structural alteration or additions. Improvement of a non- conforming structure cannot exceed 50% of the value of the structure at the time of its being classified as non- conforming. Applicant proposes major repairs that well exceed original value of structure. 4. Section 10.31, Seasonal Recreational Code. 5. Section 10.31, Subdivision 11 (A} -Based on proposed improvements of the structure, the code wi 11 require permanent frost depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of building. 6. Section 10.31, Subdivision 11 (D) -New roof must meet standards of RS code and be at a minimum 3:12 pitch. Zoning File #1745 June 10, 1992 Page 2 7. Section 10.31, Subdivision 11 (E) -Minimum plumbing requirements of RS code not valid as structure (seasonal dwelling) is less than 800 s.f. in area. Applicant is required to address existing plumbing needs, sink in kitchen area. 8. Section 10.31, Subdivision 11 (F) -Smoke detectors and fire extinguishers required. 9. Section 10.31, Subdivision 18 (F) -Non-conforming substandard buildings or structures. There shall be no setback exceptions permitted for any horizontal building addition or hardcover increase of any kind within 75' of the shoreline or within 26' of any wetland. Applicant's proposed improvements do not fall within the exception set forth in Subdivision 18 and requires variance approvals even for improvements within existing building envelope. Please review Exhibit E, Gaffron's memo that reviews pertinent ordinances that govern requirements of septic capabilities for property based on existing and proposed improvements. 10. Section 10.56, Subdivision 7 (C) -Part of Shoreland Ordinance; Section 12.30, Subdivision 7 -On-site sewage treatment code; Section 10.31, Subdivision 12 -Recreational seasona 1 district and MPCA 7080 code specifically Chapter 7080.0210, Subpart 6 (F). List of Exhibits A -Application B -Property Owners List C -Plat Map D -Neighboring Property Owners Acknowledgement Form E -Gaffron Memo 6/5/92 F -Hardcover Fact Sheet 0-75', Existing & Proposed G -Hardcover Fact Sheet 75-250', Existing & Proposed H -Detail -Existing Seasonal Dwelling I -Detail -Proposed Seasonal Dwelling J -Survey K -Floor Plan L -Elevation M -Septic Report 10/31/90 N -Photo of Seasonal Dwelling O -Resolution No. 1998 Approving the Lot Area Variance for Record Lot 28 Zoning File #1745 June 10, 1992 Page 3 Description of Request The applicant proposes major alterations of existing cabin consisting of an attic expansion for storage purposes, new siding and windows and alterations/remodeling of interior layout. Review Exhibit Hand I, the existing deck on the south side will remain as shown at 8 1 x 22'. Applicant will reinstall a new overhang over the existing grade level patio measuring approximately 7' x 17' to the west side. Note overhang is now part of the gabled roof design and has been relocated slightly to the south so that it no longer blocks view windows along west side of structure. Review Exhibit I, the new additions to the cottage consist of grade level deck and proposed screened porch. 250.6 s.f. of the grade level deck is located within the 0-75' setback area and 630.52 s.f. of the improvement is located within the 75-250' setback area. Variances are required for all improvements to structure located within 0-75' setback area and for portion of grade level deck also located within 0-75' setback area. Per Gaffron's memo variances will also be required for treatment of grey-water from existing single sink in kitchen area of dwelling. There is no way that an on-site septic system can be developed within the limited area within the 75-250' setback area. The only option available to applicant if sink is to remain is to approve a variance for the use of a holding tank. Review Exhibit E, note the specific conditions set forth for any use of a holding tank on a Big Island property. As Gaffron's memo also notes, there has not been a request for a holding tank on Big Island since the 1978 septic codes were adopted. It is the practice of the City whenever a property owner seeks approval for the use of a holding tank that Council approval is required. There are several physical limitations that will create problems for the installation of a holding tank on this property and if approved will require special design features. The RS district requires foundations, at permanent frost depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of the building. Staff has no knowledge as to the type of foundation that exists today. Review Exhibit N. The Assessor's record notes cabin was constructed in 1963 with footings only. There is no record of any additional improvements to the foundation since 1963. Applicant has been asked to arrange for an inspection by the Building Inspector, hopefully, prior to our meeting of Monday evening, so that they can report on the status of the current foundation and what applicant will be expected to provide. If structure is to be raised and a new foundation installed, applicant may be asked to move structure within the limited building envelope within the 75-250' setback area. (Review Exhibit J.) Zoning File #1745 June 10, 1992 Page 4 Issues for Consideration 1 Applicant proposes the removal of approximately 20 s.f. of patio block in exchange for some 250 s.f. of additional hardcover within the 0-75' setback area. a. Can the new deck structure be modified so to minimize additional hardcover in lakeshore protected area? b. Are there other existing improvements within the 0-75' setback area that can be removed? c. Is the existing porch area to the west side of the house a concrete patio or deck as current plans propose? Is applicant proposing construction of a deck where existing patio is now shown? 2. Review Exhibit K. Note storage loft area now proposed within the proposed attic area. a. Is it to remain exclusively for storage? b. How does the expanded roof design impact new foundation needs? c. Refer to Exhibits Land N, new overhang is now tied into gable roof design. This is a more intense, permanent structural improvement than current flat overhead structure. d. Pending receipt of a report on the status of the existing foundation, the RS district requires major upgrading of foundation, would applicant be best advised to move structure out of the lakeshore protected area and into the 75-250' building envelope? Statement of Hardships Please refer to Exhibit A. Staff would add the following: 1. Property is a peninsula and limited by 0-75' lakeshore setback area. 2. The majority of the one acre lot is located within the 0-75' setback area at 38,430 s.f. 3. Structure was installed prior to lakeshore standards in 1963. 4. Entire structure is located within the 0-75' lakeshore protected zone. Zoning File #1745 June 10, 1992 Page 5 Options of Action Denial, OR Approval as proposed, OR Approval subject to the following conditions: A. Applicant must hold hardcover at present 3.22% within the 0-75' setback area. This can be realized by either reducing proposed new structure and removal of existing hardcover improvements within lakeshore protected area. B. Recommendation to approve holding tank subject to the conditions set forth in Gaffron's memo or removal of existing sink within kitchen area. C. Per Section 10.31, Subdivision 12, applicant will be allowed an alternate waste treatment system as current outhouse does not meet code standards of both Orono and MPCA. D. Others. Planning Commission Recommendation Based on the report of the Building Inspectors, applicant may wish to table the application to determine the feasibility of relocating structure within 75-250' setback area. lsv -/~ _, ): t;t.e --~✓ -3 , ~d-J ( <>1.ni. (o -~ .,.~) . I . F ~i~ --I Co .~ ._._.,· 1.'f)c ~~ -(,_~ ✓~J!:;~f ~~~~~=- if ~ / :rv.=ry 1-itz:::ilz ►:t-, ~-i¥d: --ts: &--v A---~ ""7'~ -}I. I" ... a ~ ~ -f lv-{t / ' .-ct ·~ -~-, ~ t <U-h-;h ?.b~ 1,/4 . ,1~ • ( I ~•;;,_ ,, ~- 7 - / CITY OF ORONO -VARIANCE APPLICATIO# ) 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 After-the~Fact Fees (Double application fee). --------------------------------------------------- PROPERTY INFORMATION Site Address lc20 5~:)fs\Mq\ t·· T T"•l nc !1f)fif.ii1 L,.J. I I I.II L 11\LJltL' c. r;.; .. 1A1,-·c-nr-r-r,--r- ' .LHMJTL•.L. L'I I .1 L ·L. 'i f&:.:ii•".1F!iil "1iit• .1._•lo!Va:..V'\."VVV t: '! Fi:*i ·'J::":~ /";;'\ V.L \.!'L!l t..L..'l..1 a \/V i'-L.!C';-.i.;' i"i :~,-7,,C:-tll't L ·I U ... L•I\ I J... .S:...'-~'•VV l~'t:CEIF-'T -i'i-J.4,~Jl( YDU #:::.;4~;·?eo c·oo i ii'O i T {)6: J9 :"°!.::-/l")i. 10•·-:, \/1-'.' ::..u, .,i: .. Property Identif. Number (P.I.D.) _________ _ Attach legal description to application if not included on required survey. Date Property Acquired 51u.Gtu"t J9f I (month/year) I ~(do not) also own the adjacent parcels of land. • Present use of property: __ residential __ other(specify) /?ee-l(~~fio~ Zoning District : ----------- APPLICANT Phone (home) .S:-'// -/6&-0 Name /)AViD R C/-JRLSON Phone (work) 93f-LJ.85;s .ro11;/,, Address: 2 "-/-QO /YJAYF/..OWE.R City: /YJiKNefot1KA /JU Zip: S:S M 3 OWNER (if different than applicant) Phone (home) -------- Name $Ame Phone (work) _______ _ Address: _____________ City: ________ Zip: ____ _ DESCRIPTION OF REQUEST Estimated Construction Cost$ -------- Describe request in detail: --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width _){_ Hardcover Setback: Front Side Rear ; ✓other (specify) L~ ~k HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS __ Lot Coverage Average Lakeshore Describe undue hardship or practical difficulty and unusual property conditi~ns preven~ing compliance with Zoning Code requirements: 1,c.,.;.1.J/-J-4~1/fe4 fo l?emflde / /d'e~ sf ,uJ-t.tlf. e --- (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for lication to be considered cam lete: 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. vcertificate 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 al 1 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 thi ap lication, and certifies that the information supplied is true and corr o the best of his/her knowledge. Applicant's Signature Date S/zzl~z 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 thi~ reaqu Owner's Signature 5/Jfflt:. x _ Date Qz.z/q7...... • --------------------------------------------------------------------------- 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. - -- RUN DATE 05/28/92 BATCH 005 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER . NAME/ADDR 38 22-117-23 24 0004 00680 BIG ISLAND N BRYSON & T BRYSON WILLIAM & THELMA BRYSON 3015KIMBERLEY LA PLYMOUTH MN 55447 38 22-117-23 24 0008 00700 BIG ISLAND' SHERYL RAMSTAD HVASS SHERYL RAMSTAD HVASS 12120 GOLDEN ACRE DR MINNETONKA MN 55343 38 22-117-23 31 0002 00560 BIG ISLAND DON HENDERSON ET Al DON HENDERSON 1522 LA SALLE AVE APT 201 MPLS MN 55403 38 22-117-23 31 0011 00630 BIG ISLAND DOUGLAS E-PERSON ET AL H/L E JEFFREY A PERSON .935 HARBOR LAN PLYMOUTH MN · 55447 38 22-117-.23 31 0014 00610 BIG ISLAND CHARLES L PEGELOW CHARLES l PEGELOW 12215.45TH AVE N PLYMOUTH MN 55442 38 22-117-23 31 0020 00590 BIG ISLAND JD FIEGER & J M FIEGER JAMES FIEGER 5111 HOLIDAY RO MINNETONKA MN 55345 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 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 24 0009 00710 BIG ISLAND MICHAEL J NEINER MICHAEL J NEINER 2406 WEST FULLERTON CHICAGO IL 60647 38 22-117-23 31 0009 00630 BIG ISLAND DOUGLAS EPERSON ET Al H/L E JEFFREY.A PERSON 935 HARBOR LAN PLYMOUTH MN 55447 38 22-117-23 31 0012 00610 BIG ISLAND CHARLES LEROY PEGELOW CHARLES l PEGELOW . 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 REPORT NO. PI435401 PAGE 13 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 24 0010 00690 BIG ISLAND R & B BRUDER . . JOSEPHINE·O HERRMANN 9901 PENN AVES APT 212 BLOOMINGTON MN 55431 38 22-117~23 31.0010 00630 BIG. ISLAND DOUGLAS EPERSON ET AL Nil E JEFFREY A PERSON 935 HARBOR LAN PLYMOUTH MN 55447 38 22-117-23 31 0013 00610 BIG ISLAND CHARLES LEROY PEGELOW CHARLES L PEGELOW 12215 45TH AVE .N MPLS MN 55442 38 22-117-23 31 0016 00600 BIG ISLAND G & 0 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 12009 H HILLOWAY RD MINNETONKA MN 55343 - -- RUN DATE 05/28/92 BATCH.005 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR. 38 22-11 i-23 31 0027 00650 BIG ISLAND JAMES AR JOHNSON JAMES AR JOHNSON 2880 BENTON BLVD MPLS MN 55416 38 22-117-23 31 0030 00640 BIG ISLAND CLINTON KNUDSON CLINTON KNUDSON 1823 FRANKLIN AVES E MPLS MN 55414 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM ' .PROPERTY OWNERS LIST 38 22-117-23 31 0028 00650 BIG ISLAND JAMES AR JOHNSON JAMES AR JOHNSON PO BOX 15263 MPLS MN 55415 38 22-117-23 31 0031 00580 BIG ISLAND JD & J M FIEGER JAMES D FIEGER . 5111 HOLIDAY RO MINNE.TONKA MN 55345 REPORT NO. PI435401 PAGE 14 38 22-117-23 31 0029 00570. BIG ISLAND JODIE R VARGAS ET AL JODIE ROBB VARGAS 43.4 14TH AVE N . GOODING ID 83330 . TOTAL BATCH 005 00023 I CERTIFY THAT THE FACTS REPRESENTED.ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT·APPEARS THIS DATE ON THE RECORDS OF. THE lll'•l•CPIN Ccum' D~~T OF PROPEl3.TY TAXATION, TO .J'HE BEST OF MY KNOWLEDGE AND BELIEF. · . . DAT c:if(/f<?dv,)?,p 'IMK-t~; tit~ ~j~~iu- :-----. ~-~8 SD~ 276-. -·--· . }7.:-. ----------------- :, TCHCA ... PARK OF ERN ~ ---- ·3c? .... ~ .. 1=-···-~----················=·=··=-==-·-----·---------=- I: \ '. '' - #/11 -, I -----.., --. -----;,,_:---_ __; 'D ·-. I ----~.--... • I C ·-. I ------8-----_-_ -_ -~-~ C:. ' ------__...,.;--:,, .. ---.,,. -----,... . . : ... : .,,, II KIT~MIEL, s SM~It>IllSI«Ji! -~ COllEl&IQIEIT LOTS 5 -AID t II SIEtTl!Di8221m,wesHIP 117 RAICIE '2311 ~ ·LOT -4 (I) CITY OF ORCJID ,,-.,".·-~ --........ ---. ~ ~-==-----------::--: ---- ··tor,. _•x1rc11EL ·s sugo o, · GfJYEIJIIEi!T I. ors g Ai!D /~ Iii SE&TlfJil 22·. TIJIJ!i!SNIP 11 T HJi!GE LOT '3 I I) \ ., ~K-6,j_, ____. Adjacent Property OWners• Acknowledgement Form I (we) cifMilJ~e(~-J~e\oJ . of ~jRn~~~s~ have reviewed the plans for the proposed improvement or proposed use of the property located at W/0 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council a roval. Property Owner I (we) Date Date ************************************** of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _____________ also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the _Building & Zoning Office at least 10 days prior to the scheduled meeting date. To: Jeanne Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 5, 1992 Subject: #1745 David Carlson, 620 Big Island - Septic Issues It is my understanding that applicant is requesting a variance and building permit for additions to his existing cabin on Big Is land. The property is therefore subject to both Shoreland Regulations and On-Site Sewage Treatment Codes. Section 10.56, Subdivision 17 (C) is the section of the Shoreland Ordinance which deals with non-conforming sewage treatment systems. Any non-conforming sewage treatment system must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. The On-Site Sewage Treatment Code, Section 12.30, defines non-conforming system as "a prohibited systemp a system located within a designated 100-year flood plaini any system which may or may not meet all the location, design or construction standards of the current City codes and which is failing for any reason: and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics". That section also defines sewage as "any water-carried domestic waste, exclusive of footing and roof drainage, from any dwelling or other structure. Domestic waste includes liquid waste produced by toilets, bathing, culinary operations, and the floor drains associated with these sources ••• ". Subdivision 4 of that section requires that "all sewage generated within the City shall be disposed of by connection to the City sewer system or shall be treated and disposed of in an on-site system according to the provisions of this section". Section 12.30, Subd. 7, defines special provisions for Lake Minnetonka Islands. Subsection D indicates that "a complete on- site sewage treatment system including plumbing fixtures, is required for all structures containing a principal dwelling, for all properties containing two or more dwellings, and for all seasonal dwellings over 800 square feet in floor area. It further notes that a complete on-site system is required for all buildings containing a water-activated toilet regardless of the type or duration of use or occupancy. Zoning File #1745 620 Big Island-Septic Issues Page 2 Further, any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system including a septic tank and drainfield connected to such fixture drains. Further, Subdivision 7 (D) (4) requires that any existing building required to be connected to an on-site system but which is not connected as of the effective date of this ordinance (February 10, 1992) within one year of notification that a non- conformity exists, but in any case not later than 2 years after the effective date of this ordinance, shall have a new conforming on-site system installed. Existing Situation Staff is advised that there currently is a sink on the property which discharges to some unknown system. Whatever system this is, it is most assuredly non-conforming. Based on the code sections noted above, in order for this sink and any other plumbing in the building to continue to exist or be expanded, a conforming septic system must be provided. Testing has indicated that there is no viable site in which to locate a conforming septic system on the property. The entire property is too near lake level and ground water levels to be considered for even a mound-type sewage treatment system, much less an outhouse which might have been an allowable alternative based on Section 12.30, Subdivision 7 (B) if conditions were adequate. There appear, then, to be two alternatives to consider: 1. Elimination of all plumbing from the structure, and use of an alternative waste treatment device such as an incinerating toilet, composting toilet or small portable holding tank toilet which is carried to the mainland for disposal in a sanitary sewer system. Such devices are allowed per Section 12.30, Subdivision 7 (C). 2. Granting of a variance to allow construction of a holding tank for grey-water and/or toilet wastes. The reasons that a holding tank situation requires a variance are as follows: a. Section 10.31, Subdivision 12 (B) (4) states "sealed vault-type outhouses shall not be permitted because pump-out and sanitary disposal is unfeasible." Staff considers holding tanks as similar if not identical to sealed vault-type outhouses in use characteristics. Zoning File #1745 620 Big Island-Septic Issues Page 3 b. The standards for holding tanks contained in Chapter 7080.0210, Subpart 6 (F), indicate that holding tanks shall be located "in an area readily accessible to the pump truck under all weather conditions ••• ". It has long been staff's contention that Big Island is non- accessible to a pump truck under normal conditions. Research into current and past codes, has not yielded a specific code section which says, "holding tanks are prohibited on Big Island". However, the issue of installation of a holding tank on the island in the past rarely, if ever, was brought forth, because the obvious infeasibility of pump truck access was a clear violation of the On-Site Sewage Treatment System Design Manual, Resolution No. 894, which was adopted by the City on February 15, 1978. Part V, Section 7 of that Design Manual in Item F indicated virtual identical wording to that contained in the current MPCA 7080 codes, i.e. "holding tanks shal 1 be located in an area readily accessible to the pump truck under all weather conditions". Conclusion Based on the above information, a holding tank would not be allowed on Big Island unless the City grants specific approval. It has been City staff's policy under previous septic ordinances to request Council approval of all holding tank installations on the mainland, and to my knowledge there has not been a request for a holding tank on Big Island since the 1978 septic codes were adopted. One additional concern about the idea of placing a holding tank on the Carlson property is that the proximity to water table and groundwater would tend to cause serious flotation problems with a sealed septic tank every time it was pumped out. That tank would be sitting in water virtually all the time, given that normal lake elevation is 929.4 feet, and spot elevations on applicant's survey indicate a significant percentage of the property is less than 2' above the OHWL and most of the property is likely below flood plain level. Additionally, the use of a holding tank for grey-water and/or toilet wastes in a location where pump truck accessibility is severely limited, provides a great incentive for a property owner to find alternative methods to empty the holding tank: the City should not encourage a situation which would tempt a property owner to break the law. Zoning File #1745 620 Big Island-Septic Issues Page 4 If, in fact, the previously proposed septic easement situation could come to fruition, that would be the best of all worlds in many respects for both Pegelow and Carlson. They would share in the cost of a system that is used on a minimal basis (I am presuming that Mr. Pegelow does not spend the full year at his cabin, although I note it is homesteaded property). If the Council was to grant approval for Mr. Carlson to have a holding tank, the following conditions of approval should be considered: 1. Holding tank must be protected from flotation. 2. The cabin may never be granted a conditional use permit for greater than 180 day residence per year. 3. A current pumping contract must be maintained and kept on file at the City. 4. Yearly inspections should be required, property owner to provide transportation for City Inspector. 5. Any single confirmed incident of holding tank overflow or unlawful discharge will result in the immediate revocation of further approval for use of that system, and the system would have to be e 1 imina ted and p 1 umbing removed from the building. Outhouses and sewage treatment systems using soil disposal units (drainfields) should continue to be acceptable sewage treatment devices for the seasonal type use historically found on Big Island. These systems under such minimal usage require almost no maintenance. A holding tank on the other hand requires diligent monitoring and maintenance, at an usually high expense, and has a high potential for becoming a nuisance. lsv "\ '• ) HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) @ 75-250' .. 250-500' 500-1000' EXISTING HARDCOVER IN ZONE ··A,~ 3a-·z.. X 22.. ... l = ·c I.&, ··1 + z S,F, LENGTH WIDTH X = S,F, X = S,F, X = S,F, X = S,F, B, GARAGE X = S,F, c, DRIVEWAY X = S,F, X = S,F, D, . SIDEWALK X = S,F, Bc,::;6 rz..,e,-ev 1ST. <'.:,:::,yi d I .J--,on f,/4\ ~c~ DU<.N~ ' I ' 7 X lJ -4 1 = 12.1; ~ S,F, -~ 104--+· I '2-8.8, 1). z._ Ci°2-ooi::'\cue-1:.1'4~~eAl_'2h~/. X Z}+-~2(. ~ z.2~2,)= Z.'3 3,. '2. S,F, E, EC ~-' I X ·-z.4-= 144-•.· S,F, F,lANDSCAPE X = S,F, AREAS UNDERLAIN BY X = S,F, PLASTIC SHEETING X = S,F, _____ X _____ = _____ S,F, x \ \ -$'S '$ F X 4-· . -. . -.. 2C .. . s, F, 5 G, OTHER . S' ' co~':---f'A\-,c s.1...oc..~..S . ... ·-r OT AL .. HARDCOVER IN ZoNE 1 '' . ~ '•• l • ,. •' / ~-~---...;-:-:• .... • fl. ·: ·,, \ 'id.o .. 92. s. F, .._.... ... ____ ,, : :, Tor AL. PROPE.RTY . AREA IN ZoN~:; : ~: -'. '~ .. • '::S';B /4:=~-~:/'" ·c ~ ~ F. ·~ .. ·., [I] [ii ;-%. ··--- : 0 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)@ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A, . HOUSE------X ______ ·=· ______ S,F, LENGTH WIDTH ------X ------= S,F, ------X ------= S,F, ------X ------= S,F, ------X ------= S,F, B, GARAGE ------X ------= S,F I C, DRIVEWAY _____ X _____ _ = S,F, ------X ------= S,F, D,. SIDEWALK _____ X _____ _ = S,F, e)C..t=r\.lUC( \J.~_o_c:..o __ u_e1<..._, _-__ X ______ = +· 1240.92 S,F, Re t-J\ovt:=: PA-c-,D Bu;c:J(s c x 4 = -z o ~_;:. ____________ S,F, E. ~ Pt.....c::,...>-J(N"'\"2_~12-C:D ECK .S ..e. .e.. 'D'-VC:1 -. +=:; 2 so.4:. -·s F X ------______ , , I I . - F,lANDSCAPE X = S,F, G, ' ~ ---... ~,r AREAS UNDERLAIN BY X = S,F, PLASTIC SHEETING X = S,F, ... ,-··• X = S,F, -SS'PTlC. ME:C..+\ t C OTHER ·4 x 4-------;,,; -,.,,,.-.. -r <.;-S,F, ···rorAL .. HARDCOVER IN ZoNE . . .. .•· . . . . -·~ . . .' .... -, ... ":· '"' ... ,_ . • 0TOTAL. PROPERTY ""AREA IN ZoNE:,,::. ~. . -· -~;38, ·4~ o· . ., . ~:FI ·., [}J 1~·4C}J.·~; ··. : ITJ "~&~4 ~b-:.~ xloo·-,;----~s-:s f % --- . P1~P-µ_..;,,__r"--1::, c..ov·~e t49t . .;=.:;z_ t.)'-($~-. N.,A-.Sc:-'C> Cc:,'1$1':-.. \-Z..40,<;J 2. .. --' ~ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~-250-500' 500-1000' EXISTING HARDCOVER IN ZONE A, · HousE _____ x _____ = _____ s,F, LENGTH WIDTH _____ x ____ _ = _____ x ____ _ = _____ x ____ _ = _____ x ____ _ = B, GARAGE _____ x ____ _ = C, DRIVEWAY _____ X ____ _ = _____ x ____ _ D,. SIDEWALK _____ X ____ _ E, PATIO/ DECK · fo - F,lANDSCAPE ____ _ AREAS UNDERLAIN BY . PLASTIC SHEETING ... . .,·l• X X °'-"= X X X X X = = = = = = = = = S,F, S, F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, 96 S,F, S,F, S,F, S,F, S,F, S,F, ,S-2-:J -7 .... ~ . X G' OTHER __ .......,__=-_........,...,_;,_ __ . -1·47 .4 .... s' F • ' ·Stle;T.:) ------------- •··ToTAL .. HARDCOVER IN ZoNE' :.,. c-:; ·::y·,; z'.,-43_4'.-_;i S,F, m , · ·,ToTAt: PROPE~rv·AREA IN ZoN~;,.-::: ~: ,: __ ,A 4--{9~71 ·:'L~:F, [i] .,,.. ' ...... .. . ~ ~ ·.' . .... . . ~ m -~43A . ' : ill ·-4:-i~~"'j -;.' x""lo □·-~---5:b7 ;-%. ··--- : 0 HARDCOVER CALCUlJ\TION WORKSHEET . SETBACK ZONE: (CIRCLE ONE) 0-75 1 @:2i.9)· 250-500' 500~10 □0' EXISTING HARDCOVER IN ZONE ' A, · House _____ x ______ -··· _____ S,F, LENGTH WIDTH _____ X ______ = _____ S,F, _____ X ______ -_____ S, F, _____ X _____ = _____ S,F, _____ X _____ = _____ S, F, B, GARAGE _____ X _____ = _____ S,F, C, DRIVEWAY _____ X _____ = _____ S,F, _____ X _____ = _____ S, F, D,. SIDEWALK _____ X _____ = _____ S,F, ffl--Cf>O~ X ?oa...c.'1.4 i . 'I I :S~r-J"e=P ze·-s ,_ X Z2 - E, PATIO/ DECK X F,lANDSCAPE X AREAS UNDERLAIN BY X PLASTIC SHEETING X .. . . __ .,. . X 5~ 5-. '7 . . ---G, OTHER 1 s :2 ... x" · ... ·~ ... .; ---T □T AL., HARDCOVER IN ZoNE .. .:....;• . -- -----S,F, = -_. _____ S,F, = _____ S,F, = _____ S,F, = _____ S,F, = _____ S,F, . -. "·l+·1·· S,F, ;::/,:',~-~'77-:/~S2,. S,F, m · "r~rAC PRoPE.Rrv-AREA rn ZoN~;~;,~: ~, '~-' .:~. 4"7i:} .::'.,·:~:F, Ci] .. • .. r [El --7~7,52.-~ : ill ?EJ-cr=~~j ~~ xlo □·-,;----~ .. -i 7, ;% ___ _ l ~ l+'--u:>"'-' A-b I.e. f-/e12-D ~ t)f;? I'-~ z. s ~ ""'4 r/, - 2..., -p'R.o po~ "'t-. CY--. l ~-~ • +Ji~~S. c;;;, l'"i;,, ~~ 119~,o-·s~ ~17..~i-$ ;~ ) 1\., I 'l -------- 0 "'' ·" :" _! .: .: DcT~IL. 1"=10' \ <I~-. --..... ····----4 \ 0 < ~ ::r 0 :, <..O l I ' j l -! I ' i " l .; ' ; .; i 1 j 4 1 I , I I /' I -1-, f I .le: l~-· .. ' . - I ,, I. \ ,. ( ) ,-, ' ' '-✓ \./' r ~ pr"Opose.cl Sc:.t-e.en -Porc.l4 ~ f''::: 10 I ,-o .... t··-~ 0 < ~ 3- 0 :, <..o '' ·,r . DATE ' Feb 2s,· 1~92 3·2·~2 ·ll' ' -- {"= 30' /2 I 9· ({~~ ~------- This drawing has been checked and reviewed this 14 lfz day of Febru 9 ry 19 9Z., by ~ :}7~ ' . -~ REVISIONS BY REVISION i./J~.P. Show limi-\5 of'roof'overhano o5 CK'D measured bu c:I ient. BY w'l2P .. SI-tow E'xi<atina Deck os measured ••bu client - ~ " . ~--.- , <)- I hereby certify that this survey was prepared under my sup rvision and t hat I am a Licensed La nd Surveyor under the laws of the St::~~ ~~Kemna Date: Feb.1'2, \<)<)2 License No. SCHOELL & MADSON, • I ENGINEERS• SURVEYORS• PLAN NERS SOI L TESTING• EN _VIRO NMENTAL SERVJCES --105110 WAYZATA BLVD. MINNETONK A, MN. 55343 (61 2 ) 546-7601 FAX : 546-906.5 I I ;; .._ - DESCRIPTIO : '.JJ (J_, 0· .( :-- ~-✓ o{ Lo/ n 0) ,1 ' #1 0 <11' .4 : ... ... i DeT~IL 1"=10' ~ !-=·· .. \ ,,0,.,,-.......... --····~ \ 0 <. ~ ::r 0 :J U>. . . RESERV E, "Pleasant View at La ke in netonka ," according to t he re corded plat thereof_- GENERAL NOTES: 1. • -Denotes iron monument foun d. 2. a -Denotes wood sta ke set. CLIENT LOCATIO N Cst-20) BOOK: 134 PAGE: 74 81G ISLAND LAl<t MINNeTON~A O~NO, MINN. S.M.1 . PH OJECT NO. 60589. ·063 n'. Gi" 14' . eo" .J. H I o, V r --' 1 e; . o" ON-SITE SEWAGE TREATMENT INSPECTION REPORT OWNER -PERMIT NO.'S. DATES ADDRESS On the North Shore of Lake Minnetonka POST OFFICE BOX 66 1335 S. Brown Rd. Crystal Bay, MN 55323 473-7357 CONTRACTORS City Ordinance No. 210 requires that each on-site sewage treatment system in Orono be inspected on a regular basis. The on-site sewage treatment system at the above address has been inspected and appears to fall into the category checked below. (This is 6a an existing system D new construction) ~ ~'€..,, □, 02 Meets or exceeds current City standards in all respects relating to design, construction, and location. Appears to be operating properly. Does not meet all current City standards for new construction (1978 Code) but in most respects appears to be designed, located, and constructed generally in accordance with previous codes. System appears to be functioning properly; no major upgrading of the system is required at this time. Does not meet current City standards in many respects relating to design, construction, or location. Appears to be operating adequately at this time, but has a relatively high potential for future problems. No major upgrading of system is required at this time. * 12314 System may or may not meet current City standards for design, construction or location, but is failing to properly treat and dispose of the current input, and is endangering a water supply, or is a source of pollution to surface or groundwaters, or is creating a safety hazard, or is otherwise creating a public nuisance. Please contact the City Inspector to discuss system repair/ replacement procedures. If drainfield replacement is necessary, soil testing will usually be required, and a design and site plan must be submitted for review. Your contractor must obtain a permit before work is started. SYSTEM CONDITION_( Q'l Checked items may require your action) Tank inspection indicates: D Pumpout not needed at this time. D Solids accumulation in tanks indicates they should be pump- ed out this year to help prevent future problems. D Solids accumulation in tanks is at a critical level. Tanks should be pumped out as soon as possible. D System is discharging to surface. Tanks must be pumped within 48 hours to eliminate surface discharge. D Inspection risers missing-tanks could not be inspected. Inspection risers (4" dia. pipe) must be installed in each tank at next pumpout. If tanks have not been pumped out within the last three years, they should be pumped out now. SITE CHARACTERISTICS: Limiting Site Factors D Slope 0 Soil ::0, High water table □.Lot size :2} Lake, wetland, or stream D Drainage Date of Inspection D Inspection pipe is located directly over tank baffle. (Does not give accurate measurement of solids accumulation.) If tanks have not been pumped out within the last three years, they should be pumped out now. Drainfield inspection indicates: D Drainfield is dry, no surfacing evident. D Some evidence of surfacing, not critical yet. D Drainfield is saturated and visibly discharging untreated effluent to the surface. This condition may require replace- ment or additions-to drainfield. Contact the City Inspector immediately. Repairs must be completed within 90 days. D Drainfield extent and condition unknown. Site Capabilities for Future Expansion D Adequate @.Fair D Poor D Inadequate Note: In the event that this inspection report is used to satisfy the requirements for a mortgage or other transfer of property, be advised that this report does not guarantee or certify that an existing system will continue to function properly, but is merely an opinion of the adequacy of the system under current conditions based on the available information. This report must be kept on the premises with system location and pumping records. WHITE COPY/ Inspector's File GOLD COPY/ Homeowner BIG ISLAND PHOTOS Date by A.P. Olson -M.P. Gaffron P. I. D. :l-:z-3 / -oa Z<;:: Owner ,).Id, l,/4Hdc!,,-4&ic-P #1 (:a,b1v1 -ht'Cl SF t-[76' >;: Y/M(i I #2 #3 MAIN Blt. BLDG _x._ Excel. l</£3 X Good Fair Poor Sleeping Only Kitchen Winterized No Foundation -¢; Crawl E X Footings Only Bsmt Toilet Drainfield None Cesspoo .)S__ Out House ; JGQ I b-<r1M /4,&, -v--erv /~,<2 -11' Well Lake Pumr: No Water ~ From Neighbor Accessory Bldgs Excel. _¼. Good Fair Poor STATE OF MINNESOTA l COUNTY OF HENNEfIN CITY OF ORONO )'. -.-. ' '-... 'I': )'; ~:.:: r :, .... ):~.: ~~ ~ .... . r• •l: e a:> ;,, ~ ·•· i :~ ·~ ;; ~~ i =· -~"'. -·· t. .,., ~ ,~ I Dorothy H. Hallin •.. _City. ClEfrk ,..of the. City of Orono, Hennepin County, Minnesota, do · h-~reby · certify that I have compared the foregoing 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 May 27 , 19 8 6 , and that the same is a true and correct copy of said resolution was duly ad~pted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 28th , day of ,Y , 19 86 ) ---- / City Clerk Minnesota: /~ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1998 APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 2 8 -----PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, FINDINGS l.' That John w. & Pauline Vanderhoof is (are) the owner(s)/tax- payer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: "Reserve'' Lot, Pleasant View Lake Minnetonka, Hennepin County, Minnesota 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfar~. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following conditions: 1. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT may be used for_one- family seasonal recreational use without a structurei or a single new seasonal dwelling may be builti or an existing seasonal dwelling may be used, improved, added-onto or replacedi all without requiring further City Council review of lot size, but subject to strict com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1998 PAGE 2; RECORD LOT N0.-=2=8 __ : RESOLUTION NO. 1998 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. 4. The undersigned has read and understood the terms of this resolution and on behalf of himself, ~is heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to th,~ recording of this resolution in the chain of title of the proper.tt'""·'t •· · .. ,;> .... : ·~, -~<\\\t\·' .,··\,. A~i~~.f~4/~y~}~t~~ Orono City Counci 1 on the 27 /jt:::.~.~?1?\\t~.: t .1:;; · day of . /:(1-:j,·•,.,/j/t ... ,""{'r .. -a ' .. ,' EsT :~,,~j~;rir~.~;'.f A! • B~t'.1 ~~f~(6~:X ·•-. --~ -~ . -. . -:::;::;/' ··1 '-~;~~}'~, .... J,--;;,,,, u; -1<~,:? f -== IT Property Owner(s STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Mary C. ~ler,Mayor' (2)~~ May ____ , On this 22 day of April , 1986, before me, a Notary Public within and for said County, personally appeared John W. and Pauline Vanderhoof known to me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Mar. 1, 1991 MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386. 77. State Deed Tax Due Hereon: This instrument was drafted City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 Exempt by: ··:1 .. --' . ·.-- CITY OF ORONO OOTICE --. . I •-.--I . ~,-i,J ~P ian"'n rng 'c~mm\~ion .will hold 1 public hearings in the Council Chambers at · 1275 South Brown Road on Monday, June 15, 1992 on the matter of review ing the fo llowing land use applicalions : 1) ~739 Albin J. Nelson of 500 Oxford Road, seeks approval of a conditional use permit for land alterations involving the rer:,ovaJ of retaining walls and the placing o1 · 'fiQ _a,_exce~ of JOO cubic yards adjacent 10 an emang swunm1t1g poql.~-_ • ·: . ._ . 2) #1740 Steven M. Harris or 3850 Watertown Road, has applied for a renewal conditional use permit which would anow the Installation or a pond within his residential property. . . . . . . . ; -. • ':3) ·11141 Rodney J. and Shanon K . Batzlalf or 1115 Brown Road South seek approval of variances · for a proposed 1 · deta_c _hed garage measuring 24'X22' j requmng a side setback variance and a I variance that would allow the detached _-structure--ID be Installed In front of the lront line of the principal structure . · ·_ ,--; •· ~ - · ·• 4) 11742 James and _Amy Laing of 500 Orono Orchard Road, seek approval or street setback and rear yard -variances for a proposed family room and garage addltion. 5) 1 1744 Donald Helgager of 3265 Sixth Avenue North, seeks approval of a setback variance lor a rear yard fer;ice that shall be located within the 150'·required setback area for all structures from a natural environment lake. -·' , -6) #1745 David R .-Carlson of 620 Big Island, seeks_ approval of lakeshore setback and hardcover variances within the 0-75' and 75-250' setback area for remodeling and a deck addition to a seasonal cabin. Proposed imJln:>vements will requ ire review of exi.1ting on-site sewage treatment facility and conl~rmance to the required standards . Applicant has also applied for variances to the recreational seasonal code seeking approval of an alternate waste treatment device for septic wastes and a holding tank for containment of a gray water. All persons wishing to be heard will appear at th is time . Written comments are solicited . Plans are available for review in the City offices for review by appointment -City of Orono ----< :' · - ·. By: Planning Commission -"'~·• :-~· --. -':'. · · · -· Jeanne A Mabusth ., _._: ' < ._-. ·.s~i lding & Zoning Ad~ini.1trator ·: (Published Jµne. 1, ·1992 In The Laker and PkJneer) · • -~ _· --:.'"':: · -~ · . . . ..:. . ':. :...~ Affidavit of P_ublication S ta t e o f M innesota , County o f Hennepin _ Bill Ho lm. being duly sw orn, on oath s ays th a t he is an authorized agent and employee of the publ is h er of the newspaper k nown as THE LAKER . M ound . Mi n-_ . neso ta, and has full k now ledge of the fac t s w hich are stated below: A .) The newspaper has complied with all the requir e- ments constituting qualifications as a qualified newspaper, as provided · by Minnesota Statut e 331 A-02 , 331 A .O7, and other applicable laws , as amended . I,., 1 ::+- 8 .) The printed_L;::./4'..ll.?1JL..!.·,0 L-! .,:W.J/J!.J.._1}f--'q.Af~¥-IJ,=-#-'-'-1/)'-'-"-;U-'-'-';).,__,.,.~j'--' which is attached was cut from the columns of sai d newspaper , and w/s printed and published _once eac h week for ___ _,___ ______ success1v e w e eks: It was fi rst published M/)day, th e / d d ay of __ ...J',.;.,~!.f,L.J/CJ.L.,."------- and was thereaft e r pr rited and publishe d Mo nd ay, to and includ ing Monday . the __ day of (?..,-::J.... 1 g'_~, eve ry 1 9_; ~-~ -------,J,_ __ .... ft/>,ulhcrized Agent KRISTI HOL M NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 7-10-97 e Subscribed and sworn to, me on this L ff day of iv nl . By : cfmn'r:dkmJ r Not ary Public Rate Information (1) Lowest dassilied rate paid by commercial users for com par· able space: $10.76 per inch. (2) Maximum rate alloWed by law for above matter: $1 ?,76 . (3) Rate actually charged for above matter : $5.84 per inch . Each add itional successive week: $4 _02. .. CITY ~F ORONO -SUBDIVISION APPLICATION / j 1· jJ: 11 !!5,_ PROPERTY-LOCATION ________________________ .::tt,__ __ ---t=;t !1 ~ i:Jt::::' / 1 r · I ~ .. ~~J -~ p Site Address G,2,o 6,~Ls\socA_ --------~ t Property Identification Number (P.I.D.) ~r_ 61 D7fh Please check one -Property __2l__ abstract or torrens? ~- Attach legal description to application. APPLICANT Phone {home) S ~/ -I/; S-0 Name DAVi D ~~~R .......... ~'~-;J ___ R~J...~_S~fY_V ___ Phone (work) 93'1: .. lf-955 OWNER (if different than applicant) Phone (home) -------- Name Address: {attach EXISTING LAND USE Number of Tax Parcels Development Size • 'I 't Acres Dry Land r----Acres Wet Land .99 Acres Total, all parcels Present Use (check) ✓ Residential; no. of units J Other (specify) Present Zoning District _____ _ Division for Tax Purposes ; Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units Total Units _____ Units per __ Acres Sq Feet Dry Buildable Land Residential ----- J. r;-h t::; f /o ~ Other (specify) .... ------- ..$L4 b ,..,,#vz.4 P11>/f /-'t,;lf/f'~Se... S".. ct:, .p ~,lf/4'1~,ll,/Q,.N7' I r el'he. F-.a > 1::/11 eAI h /..ors. It./. 1s;1t.A4,17 A'esel(IJ-e_ ✓ .,. / ,,,,,, '-'-pl €4-, s-a. J.J +. ()1 ~ W a f /.. cJ,,J{e,..,/VJ I ,A) #'e -f--o .A)%~. 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 I ----------------------------------------------------------------------------------- 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) $200.00 Subdivision of a Lot Line Rearrangement 300.00 Preliminary Review (Class I & II Subdivision) 300.00 Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) 175.00 *(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application 150.00 Renewal of Final Subdivision Application 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 all additi al fees established by ordinance. Applicant's Signature Owner's Signature Applicant must have ttals 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 al 1 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. • CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55323-0066 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 • . DAVID 8-{JLF C//RLSON First Middle Last 21/-00 liJlt,YF°LCJWe& S0 tt th Address City ' State ..S¥1-/bS'O Phone and my rights as stated above. TELEPHONE-473-7357 • FAX-473-0510 Sl.3.04 RIGHTS OF SUBJ:ECTS OF DATA Subdivision 1. Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An. individual asked to · supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b} whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This_ requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice re uired under this subdivision in the individual income tax or propertv tax re und instructions instead o on those forms. Subd. 3. Aceess to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall Se informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual c~sts of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness ·of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 3 0 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b} notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions C?f the administrative procedure act relating to contested cases. CITY of ORONO Municipal Offices Post Office Box 66 Crysta1Ba~Minnesora55323-0066 ON-SITE SEWAGE TREATMENT SYSTEMS: SITE EVALUATION FOR SUBDIVISION (Applicable to unsewered areas only) At the time of filing an application for preliminary plat approval, the developer is required to provide a site evaluation report confirming that each proposed building site has sufficient suitable soil for on-site sewage treatment. Required submittals are as follows: 1. Plot plan which shall be a copy of the preliminary plat drawing showing all existing structures, wells and drainfield systems and all proposed building sites, well locations, primary and alternate drainfield locations. 2. Site evaluation report which shall tabulate data from soil borings and percolation tests on each proposed building site of less than five (5) acres. 3. Copy of the current compliance inspectio•n report for each existing on-site system within the subdivision boundaries. 4. Site Evaluation data showing that an alternate drainfield site exists for each existing on-site system within the subdivision boundaries. 5. Where the site evaluation shows slopes in excess of 12 percent, percolation rates slower than 60 minutes per inch, ground water table less than 5 feet deep or soil classification requiring innovative system design, the site evaluation report shall also indicate specific system design specifications as normally required for construction permit applciations. GENERAL REQUIREMENTS 1. Site evaluation reports shall be accepted only if signed by a City licensed, MPCA-Certified Site Evaluator. A list of licensed site evaluators is available. 2. Evaluation Report. Proposed sites for all on-site sewage treatment system construction or alteration shall be fully explored, evaluated'and reported. The City of Orono shall be notified at least 24 hours prior to any soil boring or percolation testing so that an inspector may be present at the site. The location of all soil borings or percolation tests shall be indicted on the plans and certified by the site evaluator. No soil testing shall be undertaken when t.he soils are frozen. TELEPHONE-473-7357 • FAX-473-0510 ON-SITE SEWAGE TREATMENT SYSTEMS Page 2 3. Description of Site Evaluation Report. Each report shall include a plot plan and supporting data. A. Plot Plan -A scale drawing of the entire lot showing the following: 1. All property lines and lot dimensions. 2. All existing and proposed structures. 3. All existing or proposed well locations, or water supply piping. 4. Relative elevations of house, lot corners and drainfield areas. 5. Slope or ground at drainfield sites by contour lines or direction arrows and slope percentages. 6. Location of all percolation test holes and soil borings with identifying symbols and relative ground elevations of each. 7. Primary and alternate drainfield areas identified. A minimum of six (6) soil borings and six (6) percolation tests is generally sufficient to identify primary and alternate sites. 8. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channe 1 within 7 5 feet of any part of the system. B. Site Evaluation Report -The supporting data recording the information gathered by on-site soil analysis including: 1. Log of all soil borings keyed to the plot plan showing diameter and depth of hole, soil profile and ground water conditions. 2. Log of all percolation tests keyed to the plot plan showing diameter and depth of hole, soil profile, percolation rate expressed in minutes per inch and ground water conditions if encountered. 3. Description of the testing methods and equipment used. 4. Date(s) of testing, name, and MPCA Certificate Number of Site Evaluator. GENERAL SITE REQUIREMENTS 1. Site evaluation should identify enough area for a primary and an alternate (future) system on each lot. 2. Setbacks: A) Septic tanks from: House= 20' minimum Well= 75' minimum L~ke, Stream or Wetland= 75' minimum* B) Drainfield from: House, driveway, patio, pool, tennis court, other forms of hardcover which potentially drain surface water onto drainfield = 20' minimum *Certain lakeshore areas will have more restrictive setbacks. Please check with the City staff. / { '\ ( J., ,,-, ,- ( ;, .. , . ., ~ I / ) 1'-. I 'l ------- 0 0 :, n cP -o· tp 0 n .,._- C/) 9 5 ~ ~ a· OJ 0 0 ~ (l') OeTA/L. 1'' = 10' \~~-------. ····----4 \ 0 <. ~ .., :r-e ::J U) . ; ,,,..._ "-. _· 1-· v .J ., :·, -7 ·. f . -l I l l I ., I i I -l 1 ' / I I:: f 1.i· t··· ). .... ..-NE:' Corn~r . I,;-' ·~-i .. i er lo/ 17 ·-, I -d/ 0 ,J .· . .. ·.·.·.1· I Pl"".'£::>posed Sere.en -Pore.~ .J Dec::k ~--... · .. ::.::::..._ . .;:> ·o ~ ('': 10 I ---.\.--- -I \ $G--0 .;..,'"' $~ \. \ 0 ..9 ~ 0 J I ~ l ~ Ii I \\I 4.~ .,0 >-t-J m. r---z ==>~ -z 01' 0) ~ ~ -- cO 24 -f9"~ ' I I -2.·\ .. 'Z:' Avi~ · o~'rlOOM · 2. L .:...l'\PD'e:'i'; \°O ':,'\O L-Ori . \.--0~-S~"; 1..0c...K ~ b ti,,\. +I ~~C-i-1 -0 0 (D z \ 1\-\\":i \S. ~N S'X'r->""'i\\..l(:, . ;= \ E. \.... V '-) ~?, W'i ',_OC1'i'\~l I lST\'.,lG \J-1/),,..\.-\.h ~ ~'/...AC..T I_ -j s \ON~ JL/_o_w_ . .il=======f..+=_=_=...,.TF_=:_= _=# ;::;;c- -,f 5-S..r,T'IC... "-19" c.. \-\ I Oj ' _-I -. I U\I ~I I i i l_t. '.:,1. l r ; £1 .<( z( u ~ ::z 2 f z 0 :z: lP --_j 7- tC lU. 4: ;:.I_ --4:_ u J _) _ _JQQ ' -,-._ '~ -.. ' ,. , HARDCOVER CALCULATION WORKSHEET 'Bc:FeJ rz..,s,r-ev !ST-C"7"1d, .J...,on SETBACK ZONE: (CIRCLE ONE) @ 75-250'. 250-500' 500-1000' EXISTING HARDCOVER IN ZONE .. A,~ 30,·2-X .2'2, l = [r; l.t:,7,42 S,F, LENGTH WIDTH _____ x ______ = S,F, _____ x ______ = S,F, _____ x _____ = ____ _ S,F, _____ x _____ = ____ _ S,F, B, GARAGE ----------= -----X C, DRIVEWAY----------= -----X X = X D,. SIDEWALK ____ _ = ---------- I / J '-4-,, 7 X {/4\ \J..~o.(:. DuUv~ ____ .,a___ ,21;~ 1'2.8.8, 2..'3 3,. '2. X Z}+-,,zt_ ~ -z..'2'1.2)= _ __;;;;.....;;;.._ __ I X -z~ = _ __._-'--'--(44' F,lANDSCAPE _____ X _____ = ____ _ AREAS UNDERLAIN BY . _____ X _____ = ____ _ PLASTIC SHEETING _____ x _____ = ____ _ S,F, S,F, S,F, S, FI S,F, S,F, S,F, S,F, S,F, S,F, _____ X _____ = _____ S,F, 5 x \ \ ?5 '$ F G, OTHER · s: x __ 4_.____ -_· _•_-_·· .. -";;z.._o ____ .... _. _ s, F, , co~':--'PA.\,c si..o~~.s • . ... . _ ·•--rorAL .. HARDCOVER IN ZONE .... "'' :,'.~y:~,fu~~: S,F, .,_._.,....., ___ .,. .. ->TOTAL.. PRoP·E.RTY 'AREA .IN ZoN~;; ,~: ~: ::. ,;:?;8 J~4~b-!r,·c~~F. m [i] ·~ .. · .. , . -. . . [I] -· f 2·46·~'-)2 -. : l}J ?,-~;4:~'.c.6 -;.·• x"'loo·-~---⇒ .-~i ;-%------ : 0 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)@ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A, . HOUSE------X ------=· ______ S,F, LENGTH WIDTH -----X ------= S,F, ------X ------= S,F, ------X ------= S,F, ------X ------= S,F, B, GARAGE ------X ------= S,F, C, DRIVEWAY _____ X _____ _ = S,F, -----X ------= S,F, D,. SIDEWALK _____ X _____ _ = S,F, eY--ts-\-\ UC( \,l~O~u e1<-. x _____ _ = +· 124b.92 S,F, = ;z.o S,F, -2. so.4:. = -4-; S,F, . -. F,l.ANDSCAPE -----X ------= ------s IF I AREAS UNDERLAIN BY . PLASTIC SHEETING SS'PT\C. MEC..-1-\- G, OTHER X X X t ·4 x· ------= ------s IF I ------= ------s IF I ______ = ______ S,F, I 4-------~" -4-". -f c,;-S,F, . .,... ' •-. ... · .... •,, . -.. []] 1_·4c,;_·~; ·-. : ll] ·--g-s~~~b":.~ x1o □·-.;,----~s~s i% ---~ • P1=::op. w........__rc.~;.;; c...ovs:2. t 491.c;L t-)(-.l.$J,.. NA,.1G.-'C> Co'-lc7::.-. t "Z-4-0,<; 2 4i>' .. ~-••. ~ HARDCOVER CALCULATION WORKSHEET . SETBACK ZONE: (CIRCLE ONE) 0-75' ~-250-500' 500-1000' EXISTING HARDCOVER IN ZONE A, . HOUSE-----X -----= -----S,F, LENGTH WIDTH _____ x ____ _ = _____ x ____ _ = _____ x ____ _ = _____ x ____ _ - B, GARAGE C, DRIVEWAY ____ _ D,. SIDEWALK ____ _ E, PATIO/ DECK - 'IQ F,lANDSCAPE ____ _ AREAS UNDERLAIN BY . 1 ____ _ PLASTIC SHEETING X X X X X X X X X X X = = = = = C, -k' = = = = = = 9te G, OTHER l S -2... X _;7.........,-_7 ___ ~ . (41 .4 .... S,F, S,F, S, F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, S,F, ' . s t:\-e:!::) .. ., .... -·r OT AL,. HARDCOVER IN ZoN-~ . ,. , . +: 1 ·~ ;y ' .. 2:43 ~ i-, 1 s. F. · : ; >TaTAt:: PROPE.Rrv·AREA ·IN zaNt'.:~: ~; / __ 7 ;\ 4~·{9=~~ .. ?IL~:F. [II [!1 ..,.. ' , ... . ... ~ .. . ·., . --•· .. · ...... I}] ~~43A . · : ill ·-4,~~.,J -:.· x·-ioo·-;---5:·c/1 i%' ··--- : 0 \,. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE! (CIRCLE ONE) 0-75 1 0::::2~ 250-500' soo~1000' EXISTING HARDCOVER IN ZONE A, . HOUSE -----X ------= -----s IF I LENGTH WIDTH _____ x ____ _ = S,F, -----X ------= S,F, _____ x ____ _ = S,F I _____ x ____ _ = S,F, B, GARAGE _____ x ____ _ = S,F, C, DRIVEWAY _____ X _____ _ = S,F, _____ x ____ _ = S,F, D,. SIDEWALK _____ X ____ _ = S,F, •. ff2-Df>O~ X ?o(G..Cµ • I I I S~r.J~P ze,·-s , X '22 - E, PATIO/ = S,F, = ~30 .. 52 S,F, DECK X = S,F, F,lANDSCAPE X = S,F, AREAS UNDERLAIN BY X = S,F, PLASTIC SHEETING X = S,F, X = ______ S,F, SH-e'P °t-. -1 ·. G, OTHER 1s:2 ... i . -. '·l+·-,··· S,F, , ... ~ . . ... ·• ..:..;• -··r oiAL ·· H.o.RncovER IN ZONE • '.•" ..• -. . :-'. ,'\ ' ........ ,---:· }. Ii •.• •. : · "r~TAL. PRaPERTT-AREA IN ZoNE~,,,~. 2' ·---·-415~1 ···"'·~:F • .. ·.,, Ii I , f+-,_~(t)t,LJ .A-b I.e.. f-/-e&.D 6 ()~ I~ # z. ~ ~ ""'4 r/, - 2..., -p'R.o (>o ~ "t--° C'y.... l ~-\-• w~S. a:;, rc_. ~-~ 119°t~ci-s~ ~17.~z $ j~ .,.. / I I ---,___ .. ---·. ' ,-, ,, .. ·''-_,_ -,-,..> ,-r > ,·;::::,._. ~ J l.._.. _,. \ ,·-' . -, ,,.. ,,<'> ·~ _, \.-\ ' ~ ~ .. -~ .6 - -, .. ·; -1'>. FROM BEST & FLANAGAN NO. 3 Fl 'l' I '•I DEED OE' APPURTENANT EASEMENTS THIS DEED OF EASEMENT is made this --day of May, 1992 by and between Charles L. Pegelow and Ethel M. Pegelow, husband and wife (collectively referred to as "Granters") and David R. Carlson and Jan W. Carlson, husband and wife, (collectively referred to as "Grantees"). The following recitals of fact are a material part of this instrument. A. Grantors are the owners of the following described real estate located on Big Island in the City of Orono, Hennepin County, Minnesota: Lots 14, 15, 16 and 17, "Pleasant View Lake Minnetonka," according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter referred to -as "Pegelow Land"). B. Grantees are the owners of real estate which adjoins the Pegelow Land and is legally described as follows: The tract of land designated as «Reserve" on the plat of «pleasant View Lake Minnetonka," according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter referred to as "Carlson Land»). C. lt would be advantageous for the Carlson Land to have the use of a septic system, but there is no suitable location on the Carlson Land. D. The Pegelow Land includes sufficient suitable land to construct a septic system which could serve both properties and it would be advantageous to the Pegelow Land to have the use of a s~ptic system. E. The pa~ties have agreed on the following easement and sharing of costs with respect to a septic system. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, Grantors hereby grant to Grantees, their heirs, personal representatives and assigns the easement rights hereinafter described, subject to the following conditions and covenants. ·1. Q_rant of Perpetual Easement. Granto:i:-s hereby grant to Grantees, their heirs, personal representatives and assigns as an easement appurtenant to the Carlson Land for the benefit of all present and future owners of the Carlson Land or any portion thereof, a perpetual non-exclusive easement to construct, FROM BEST & FLANAGAN .,0 21, 1 ,•, t. p 1./ 4 maintain, operate, service, repair, reconstruct and use a septic system over, under and across the following described portion of the Pegelow Land: Those parts of Lots 14, 15, 16 and 17, •Pleasant View Lake Minnetonka,~ according to the recorded plat thereof, described as follows: Commencing at the northeast corner of said Lot 17; thence on an assumed bearing of South 12 degrees oo minutes oo seconds West, along the east line of said Lot 17, a distance of 132.00 feet, to the point of beginning of the easement to be described; thence No~th 12 degrees 00 minutes 00 seconds East, along said east line, a distance of 65.00 feet; thence North 78 degrees 00 minutes 00 seconds West a distance of aa.oo feet; thence South 36 degrees oo minutes 00 seconds West, to the southwesterly line of said Lot 14; thence southeasterly, along the southwesterly line of said Lots 14 and 15, to the southeast corner of said Lot 15; thence northeasteily, along the east line of said Lot 15, to the intersection with a line which bears North 78 degrees 00 minutes 00 seconds West from the point of beginning; thence South 78 degrees 00 minutes 00 seconds East to the point of beginning (hereinafter referred to as "Easement Premises"). 2. The Us~ of Easement...J:.t.emises. 'rhe use of the Easement Premises is not confined to the present buildings on the Carlson Land. The right to the exclusive use of the Easement Premises is not hereby granted, Grantors hereby reserving the right to make joint use of the septic system and to make any use of the Easement Premises which does not unreasonably interfere with Grantees' exercise of the rights herein granted. Grantees shall with reasonable uc e sep 1c sy · _ remises, together with a pipe to the foundation wall of the present building·on the Pegelow Land, sub·"ect to h · · ~ 1 1e e ow. T1e plans and specifications for the septic system will be subject to the approval of Grantors, which shall not be unreasonably withheld. The design and construction of the septic system shall in all respects conform to good engineering practice and all applicable laws and ordinances, and Grantees shall be responsible for obtaining all necessary governmental permits, inspections and certifications. Upon _completion of the installation of the system, the dirt shall be backfilled, but Grantees shall not be responsible for sodding, seeding or landscaping the Easement Premises. 4. Sharing of __ C..Qn1?-hlli:J:i.9n Cost. Prior to cormnencernent of construction, Grantees will provide to Grantors whatever good -2- FROM BEST & FLANAGAN Fl C' I ,.I faith estimates of construction costs are provided to them by subcontractors and materialmen. Upon completion of the construction of the septic system, Grantees will provide Grantors with an accounting in reasonable detail setting forth the out-of-pocket expenses paid or incurred to third parties by Grantees for the design and construction of the septic system. Grantees will not charge for their time or for the time of any employee of David Carlson Companies, Inc. for management, supervision, administration or profit connected with the Project. Promptly upon receipt of the statement, Grantors will reimburse Grantees for one-half of such amount. 5. Maintenanc~ and Repair~. The parties covenant with each other to keep the septic system in good operating condition and repair at all times. Either party may contract for maintenance, repairs or reconstruction of all or any part of the system, provided that written notice of the nature of the work, the contractor and the estimated cost shall be given to the other party not less than 10 days before the commencement of the work, except in the event of the need for emergency work. Upon completion of such maintenance, repairs or reconstruction, the cost thereof shall be shared one-half by the then·owners of the Carlson Land and one-half by the then owners of the Pegelow Land, except that maintenance, repairs or reconstruction of a connecting pipe which serves only the Carlson Land or only the Pegelow Land shall be borne by the then owners of the respective benefitted parcel. Such costs and right of contribution shall be the personal obligation of the respective then owners of the Pegelow Land and the Carlson Land. 6. J.l.lJl~mnificatiQ.Q, To the ex.tent Grantees perform or order the performance of work or materials for the Pegelow Land, Grantees shall defend, indemnify and hold harmless Grantors against any and all claims, demands, damages, actions, causes of action, liabilities, losses, judgments, costs and expenses of any nature whatsoever arising out of the exercise of these easement rights by Grante8S or agents or contractors of Grantees, including without limitation, mechanics lien claims and claims for personal injury, subject however to Granters' obligation of co'ntribution with respect to costs of maintenance, repair and reconstruction as described above. 7. Running of Benefjts_jind Burdens_. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the heirs, personal representatives and assigns of th8 respective parties hereto . . 8. Terminat_j._QJl of Covenant Liability. Whenever a transfer rif ownership of either parcel of land takes place, liability of the transferor for breach of covenant occurring or expenses accruing thereafter automatically terminates. -3- FROM BEST & FLANAGAN 9. Con~tru~ti_Qll. The rule of strict construction does not apply to this Grant. This Grant shall be given a reasonable construction so that the intention of the parties to confer usable rights of enjoyment is carried out. and Grantees' address is Court, Eden Prairie, Minnesota 55347. Either ode wr· e o change o a r . 1 notices shall be sent by U.S. Mail to the addresses provided for in this paragraph and shall be deemed given when placed in the mail. The affidavit of the person depositing notice in the U.S. Post Office receptacle shall be evidence of such mailing. 11. Acceptance of __ Conditions. GrantE=~es join in executing this Deed to evidence and agree that they accept this Grant of Easement subject to the reciprocal covenants and conditions set forth herein. IN WITNESS WHEREOF, the said Granters and the said Grantees have executed this instrument as of the day and year first above written. Charles L. Pegelow Ethel M. Pegelow David R, Carlson Jan W, Carlson. STATE OF MINNESO'rA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of --~-·---' 1992, by Charles L. Pegelow and Ethel M. Pegelow, husband and wife. Notary Public -4- E, FROM BEST, FLANAGAN STATE OF MINNESOTA) ) ss. COUNTY OF ) f1~ ')1 qq·;, " '" I .I.. I l • • ,I. 1 !"I l ••1 .• l~I I Lt, The foregoing instrument was acknowledged before me t·lO, 3 this_ day of ______ , 1992, by David R. Carlson and Jan W. Carlson, husband and wife. THIS INSTRUMENT DRAFTED BY: N. Walter Graff BEST & FLANAGAN 3500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 1242p Notary Public -5- p I 7 DESCRIPTION FOR: DAVID CARLSON COMPANIES 60589-063 Prepared By: y;·I· -- I Proposed Septic Easement SCHOELL & MADSON, INC. ENGINEERS• SURVEYORS• PLANNERS SOIL TESTING• ENVIRONMENTAL SERVICES 10510 WAYZATA BLVD. MINNETONKA, MN, 55343 11121 540-7801 FAX: 540-9005 An easement for septic purposes over, under and across those parts of Lots 14, 15, 16 and 17, "Pleasant View Lake Minnetonka," according to the recorded plat thereof, described as follows: Commencing at the northeast corner of said Lot 17; thence on an assumed bearing of South 12 degrees 00 minutes 00 seconds West, along the east line of said Lot 17, a distance of 132.00 feet, to the point of beginning of the easement to be described; thence North 12 degrees 00 minutes 00 seconds East, along said east line, a distance of 65.00 feet; thence North 78 degrees 00 minutes 00 seconds West a distance of 88.00 feet; thence South 36 degrees 00 minutes 00 seconds West, to the southwesterly line of said Lot 14; thence southeasterly, along the southwesterly line of said Lots 14 and 15, to the southeast corner of said Lot 15; thence northeasterly, along the east line of said Lot 15, to the intersection with a line which bears North 78 degrees 00 minutes 00 seconds West from the point of beginning; thence South 78 degrees 00 minutes 00 seconds East to the point of beginning. Date: May 19, 1992 Theodore D. Kemna Land Surveyor MN Lie. No. 17006 ' ' \ L ~t>i:::'?) "'it) '$"TO L.-Or.. - \..OC..\(~f:i fiv\. \ \ i 1\-\\"':l \S, ~N S-';<'fo"t\\.K::, • ;== \ E. 1.-D "J S;:?-,~"'{ \ ... oQ-..""i\01-i I I t~:iTl~K!:> \}./t,...\.,.\f.;; ~ 'S'f...AC.."f I __ 1 S\ONG" I PW I JL.._-1:'::=:====::=::!Jl~~".l!.~"::.~ ~i ,::0 cO ___ ' .t ....... \--~~ , 0 ID (:\1 :t~ >-~ lh f'- :)~ z -zr---... 0) tJ _c>I 2~ z Jl -{ 4:: 0 ~ -r µ 7-f z .o :z: lf) ----1 /- tC lU. <{ -:::L. u -,{ J _; DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. -~ou are notified that: ~~-- 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. DAViD First ROLF Middle CARLSON Last Address · City 7 State Zip 5?1/-/6.S-O Phone and my rights as stated above. RIGHTS OF SUBJECTS OF DATA Subdivision L Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individuaL An. individual asked to · supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data.; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This. regui:rement shall not apply when an individual is asked to supply investigative data, pursua.pt to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue ma lace the notice re uired under this subdivision in the individual income tax or orooertv tax re und instructions instead o on those forms. . · Subd. 3. . ··· Aceess to data by·· individuaL Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified a.s public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall Se informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pur-suant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. · The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if· immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. · Subd. 4. Procedure when data is not aeeura.te or complete. An individual may contest the accuracy or completeness ·of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or {b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual1s statement of disagreement is included with the disclosed data. _ The determination of the responsible authority may be appealed pursuant to the provisions ~f the administrative procedure act relating to contested cases. \ \•" ~ .,.,. 1- \ - ~ \ ·: ·-cx,sfin o limits r 9 Deck (Se or rootc · e Defoi!) overhon:3 :::::-::..-----~-------~- ~~ \shoreline on peb. 1z 1 1992 / .1) ' ·/ ··· ... s . /'#-/ /.!~ . 0 ·O o .... ... .. ---:---_ ~--·· . . . . . . . . . . . . . . ·---.· . . /.. ... , , .'-'J v, (\: ·< ,'-... (:) I /