Loading...
HomeMy WebLinkAboutProject PacketMike Gaffron From: Jeffrey D Bland [JBland@hinshawlaw.com] Sent: Wednesday , August 31, 2005 3:48 PM To: Ron Moorse; Mike Gaffron Cc: Rolfe A. Worden; Thomas J. Barrett Subject: Johnson -Bryson -Big Island Lot Line Rearrangement FYI. Jeffrey D. Bland, Esq. Hinshaw & Culbertson LLP 222 South 9th Street, Suite 3100 Minneapolis, MN 55402 Direct: (612) 334-2626 Fax: (612) 334-8888 Mobile: (612) 600-3559 www.hinshawlaw.com ----Forwarded by Jeffrey D Bland/HC26 on 08 /31/2005 03:47 PM --- "Christopher J. Pierson" <chris@piersonlaw.org> Page 1 of 2 To : <jbland@hinshawlaw .com>, <wethen@guarantytitle.net> 08/31/2005 03:32 PM cc : <bbryson@motivaction.com> Subject: Johnson -Bryson -Big Island Lot Line Rearrangement Mr. Bland & Ms. Ethen: Recall that at my clients' request in April the City of Orono extended the deadline for the above-referenced lot line rearrangement to October 22, 2005 (Resolution No. 5320.) The issue was the pending divorce of one of Mr. Johnson's children, Kristin L. Vangsness. I have now received, and will shortly be faxing to Ms. Ethen , copies of documents evidencing the completion of Ms . Vangsness's divorce in Calilfornia. I believe this clears the way for completing the transaction. Ms. Ethen, please review -and update ifnecessary-Guaranty Title's commitment numbers 51244 -1, 51244 -2 51244 -3, and 51244 -4. I will revise Ms. Vangsness's name in the conveyance documents and easements previously submitted. Then, after confirming that the City and Guaranty Title are ready to proceed, I will have the documents executed and set this matter on for City approval before October 22. I appreciate your continued cooperation and assistance in concluding this matter. Christopher J. Pierson Pierson & Pierson, PLLP 1055 East Wayzata Boulevard Suite 303 Wayzata, MN 55391 952-473-1400 9/6/2005 r Hinshaw & Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 9/6/2005 Page 2 of2 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Christopher J. Pierson Pierson & Pierson LLP 1055 East Wayzata Blvd., Suite 303 Wayzata, MN 55391 ZONING FILE #2461 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 6, 2005 COPIES: Jeffrey Bland Hinshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402 TYPE OF APPLICATION: Extend Effective Period of Lot Line Rearrangement Approval DATE OF MEETING: April 25, 2005 VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the enclosed resolution ( original to Pierson, copy to Bland). As soon as time permits I will compile a listing of the legal fees incurred by the City to date with regards to this application and forward a copy to the applicants. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Mike Gaffron at 952-249-4600. ( MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. *10. #05-3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD-VARIANCE -RESOLUTION NO. 5316 Murphy moved, White seconded, to adopt RESOLUTION NO. 5316, a Resolution granting an average lakeshore setback variance, a 250 -500' zone hardcover variance, and a building- to-building setback variances for 2967 Casco Point Road. VOTE: Ayes 4, Nays 0 *11. #05-3092 MATHEW HOFMANN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET-VARIANCE -RESOLUTION NO. 5317 Murphy moved, White seconded, to adopt RESOLUTION NO. 5317, a Resolution granting lot width, lot area, and side street setback variances for 1225 Dickinson Street. VOTE: Ayes 4, Nays 0. *12. #05-3099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DRIVE - VARIANCE -RESOLUTION NO. 5318 Murphy moved, White seconded, to adopt RESOLUTION NO. 5318, a Resolution granting 0- 75' and 75-250' zone hardcover variances and a lake setback variance for 3060. North Shore Drive. VOTE: Ayes 4, Nays 0. *13. #05-3101 JON AND JANE SCHWARTZMAN, 425 OXFORD ROAD- VARIANCE -RESOLUTION NO. 5319 Murphy moved, White seconded, to adopt RESOLUTION NO. 5319, a Resolution granting an average lakeshore setback variance for 425 Oxford Road to construct an in-ground pool on the site. VOTE: Ayes 4, Nays 0. *14. #2461 BRYSON AND JOHNSON, 650-660-670-680 BIG ISLAND -LOT LINE REARRANGEMENT -EXTENSION OF EFFECTIVE PERIOD OF APPROVAL - RESOLUTION NO. 5320 Murphy moved, White seconded, to adopt RESOLUTION NO. 5320, a Resolution approving an extension of the effective period of subdivision approval to October 22, 2005. VOTE: Ayes 4, Nays 0 . M A YOR/CI TY COUNCIL REPORT Murphy stated that members of the City Council' and City staff would be going to the State Capital Tuesday for a meeting with the Veterans , re al estate agents , and representative s . He encouraged council members to avoid any negotiations or providing definitive answers regarding the Vet's Camp site and instead express appreciation to all sides. Attorney Barrett stated that several issues with regard to the tran sfer of title may take up to se veral months to clear up. White asked whether the city had replied to a le tter from the Citi z ens for a Concerned Navarre . PAGE s of 10 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron 4,,,.~ Title: Planning Director 1JV ~ Date: April 21, 2005 Item No.: Agenda Section: Zoning Item Description: #2461 William and Thelma Bryson & James A. R. Johnson 650-660-670-680 Big Island -Subdivision of a Lot Line Rearrangement -Further Extension of Effective Period of Approval Zoning District: RS -Recreational Seasonal District List of Exhibits A Extension Resolution for Adoption B Letter of Request 4-19-05 C Resolutions No. 4 794 and 5246 Application Summary: Applicants request extension of the lot line rearrangement approval granted April 22, 2002 via Resolution No. 4 794, which initially expired in April 2003 and which was extended to April 22, 2005 via Resolution No. 5246 adopted November 8, 2004. The approval allowed 4 'Record Lots' on Big Island to be divided and combined to result in just 2 final lots. The applicants have been unable to complete the filing due to various legal proceedings, and request a further 6-month extension to October 22, 2005. Please review the exhibits. The reason last fall for the requested extension is that the subdivision was never filed with the County, because the applicants encountered title issues which were finally resolved last fall but since then there have been other complications as noted in the letter of request, Exhibit B. Our standard boilerplate language required that this subdivision be filed with the County by October 22, 2002. This application was seen by staff as a win-win for the applicants and the City, as it results in new lots that are more conforming in size than the prior layout. The City Attorney has indicated that while no hearing is required to extend the approval, formal Council action is necessary. Staff Recommendation Staff recommends approval of an extension of the effective period of subdivision approval to October 22, 2005 per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING AN AMENDMENT TO RESOLUTIONS NO. 4794 AND NO. 5246 FILE NO. 2461 WHEREAS, on April 22, 2002, the City Council of the City of Orono (the "City'') adopted Resolution No. 4794 granting approval for a subdivision of a lot line rearrangement for properties on Big Island owned by William Bryson and Thelma Bryson and James A. R. Johnson (collectively 'the applicants'); and WHEREAS, Resolution No. 4794 required that the applicants complete filing of the lot line rearrangement with Hennepin County no later than October 22, 2002; and WHEREAS, the applicants were unable to file the subdivision of a lot line rearrangement within the timeframe allotted due to title issues, which have just recently been resolved; and WHEREAS, the Applicants requested an extension of the effective period of subdivision approval in order that the lot line rearrangement may now be filed, which extension was granted by the City Council via Resolution No. 5246 adopted November 8, 2004; and WHEREAS, the Applicants have requested a further 6-month extension of the effective period of subdivision approval due to legal complications which have delayed the filing; and WHEREAS, the City Council finds that the findings and conditions of Resolution No. 4794 are still valid and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. Conditions 5 and 7 of Resolution No. 4794 and Condition 1 of Resolution No. 5246 are hereby amended to allow filing of the lot line rearrangement with the Hennepin County Recorders Office or Registrar of Titles Office on or before October 22, 2005. Page 1 of2 2. All other terms and conditions of Resolutions No. 4 794 and No. 5246 are hereby reaffirmed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of April, 2005. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this ___ day of ___ _ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ___ day of ____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 JOIIN M. PIERSON l'HRIS'l'Ot>Hl.!R J, PIERSON Mr. Mike Gaffron Planning Director City of Orono P. 0. Box 66 Cryst.al Bay, MN 55323 PIERSON & PIERS N PRCll'HSSIONAI, LIMl'J'Hll 1,IAIIII ITY I' l'Nf-:l!SHII' ATTORNIWS AT LAW J055 EAST WAY'lKf/\ BOUL: /\RD Sllf'fH 30~ WAY'I.Jl:l'A, MINNl'!SOTA ~ '.\CJI April 19, 2005 TEI.HPHONE (9521 47.l-l40(J FACSIMII.E (lJ.521 •17J-0'.Jll9 Re: Lots 3,4,S,6,7 and 8, PLEASANTVIEW AT AKE MINNETONKA (Big Island) Lot Line Rearrangement File No. 2461 Request for Extension Dear Mr. Gaffron: As you may recall, our finn represents the Bry ons and Johnsons in conneccion with the above-referenced lot line rearrangement. At e suggestion of City Attorney Jeffrey Bland of the Hinshaw & Culbertson firm, I sending you this letter to request formally a 6-month extension of City Council Resolu ons 5246 and 4 794. "The original approval of this lot line rearrange ent (Resolution 4 794) was extended by Resolution 5246 through April 22, 2005 o allow my clients to resolve various issues the title work disclosed. I have been w rking cooperatively with Mr. Bland, my clients, and Guaranty Title Insurance Com any to resolve these issues. We were in the process of executing final documents in J uary of this year when one of the titleholders became a party to marriage dissolution pr ceedings. We could not proceed with execution of the documents until either those pr ceedings were completed or the parties thereto resolved any competing claims to the s bject property. My understanding is that such a resolution will be forthcoming soon, bu not in time to complete execution of the lot line rearrangement documents by the April 2 deadline. In making this request for an extension my cli nts understand that (i) the City is not obligated to grant this or any subsequent extensio and (ii) if the City's requirements are not completed by the new deadline, then the City as no obligation to consent further to the matter. £00/ZOO 'd £09!# MV~ NOS~3Id ~ NOS~3Id I assure you that my clients and I strongly desi e to complete this much•delayed lot Jine rearrangement as soon as possible. I hope the ity will grant the requested 6- month extension and we will soon thereafter complet the rearrangement. cc: Bill & Thelma Bryson James Johnson Jeffrey D. Bland 2 £00/£00 'd £091# MV~ NOS~~Id ~ NOS~~Id CITY of ORONO RESOLUTION OF THE CITY COUNCIL g ©:l ,!Jl •~i NO. i'l.lJ ~ -,~ ,.✓,. A RESOLUTION GRANTING AN AMENDlVIENT TO RESOLUTION NO. 4794 FILE NO. 2461 c--t ..e WHEREAS, on April 22, 2002, the City Council of the City of Orono (the "City") adopted Resolution No. 4 794 granting approval for a subdivision of a lot line rean:angement for properties on Big Island owned by William Bryson and Thelma Bryson and James A. R. J olmson (collectively 'the applicants'); and "WHEREAS, Resolution No. 4794 required that the applicants complete filing of the lot line rearrangement with He1mepin County no later than October 22, 2002; and WHEREAS, the applicants were unable to file the subdivision of a lot line reanangement within the timeframe allotted due to title issues, which have just recently been resolved; and WHEREAS, the Applicants have requested an extension of the effective period of subdivision approval in order that the lot line rearrangement may now be filed; and ·wHEREAS, the City Council finds that the findings and conditions of Resolution No. 4794 are still valid and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Miru1esota, as follows: l. Conditions 5 and 7 of Resolution No. 4794 are hereby amended to allow filing of the lot line rearrangement with the Hennepin County Recorders Office or Registrar of Titles Office on or before April 22, 2005. 2. All other tenns and conditions of Resolution #4794 are hereby reaffirmed. Pagel of2 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5~,4i® Adopted by the City Council of the City of Orono, Mi1mesota at a regular meeting held on the 8th day of November, 2004. ATTEST: /~l//a-~-1~~-ll. L0, Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 8th day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minn~_9ota municipal corporation and said· instrument was executed on behalf of the City. _.- ,.--. ·1;-. /.4 _/ (i...--<' _.-. \ (_ _,/ . ' ,• / / , Q ••• , ~3..'...-~~~:c:· ' Ji\C''.:·: YOUNG .. ~!::-·--:· .. ' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was aclmowledged before me on this /f.5u1 day ofN01..J(;,>71[J(!/1_ 2004 by Linda S. Vee, City Clerk of the City of Orono, aMiimesotamunicipal corporation and said· instrument was executed on behalf of the City. ··',-::·?-~J%~~r-A:::~:.~.-.l·, ··,, RACHEL DODGE '. . NOTARY FUBLIC-MINl,:CSOTA My Commission Expires Jon. 31, :!OO!i Notary Public ·:,::-;t:. .. :.~-:.::;D~~g--"~""$:7::~ Page 2 of2 ,--;:::..-:=::...~ h~Q~- CITY of ORONO ~~< ~vo/ RESOLUTION OF THE CITY COUNCIL ~~-~~/ NO, 4 T 9 4 A RESOLUTION APPROVING A SUBDMSION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and _WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development ofland within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Bryson and James A. R. Johnson (hereinafter "the subdividers") of properties legally described as: Lots 3, 4, 5, 6, 7 and 8, Pleasant View at Lake Minnetonka (herei1?-after "the properties") to be rearranged by transferring of properties new legal descriptions as: Lots 3, 4 and 5 (hereinafter "Parcel A") and Lots 6, 7 and 8 (hereinafter "Parcel B") WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12, 1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the _ City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, At their regular meeting held on April 8, 2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: 1. The property is located within the RS district. The existing lots are as follows: Existing Address 650 Big Island 660 Big Island 670 Big Island 680 Big Island Legal Description Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. Lot 4, Pleasant View (seasonal dwelling) Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Parcel B 650 Big Island Parcel A 670 Big Island Legal Description Lots 6-7-8, Pleasant View (seasonal dwelling) Lots 3-4-5, Pleasant View (seasonal dwelling) 3. The lots are currently 2 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. 4. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 5. 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined.into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6, the property would increase Page 2 of 6 CITY of ORONO t;..i ~ t ~< ~ u;/. RESOLUTION OF THE CITY COUNCIL ~~~~Y' NO. '' ~ ~ ·f to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100' to 150'. The lot does contain anon-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrease. 6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and are under common ownership. The cabin _is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements have been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The easements would no longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. · 7. 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. 8. A single well located on Lot 6 would serve both Parcel A and B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 10, 1998, attached Exhibit "A". The approval is subject to the following conditions: 1. Prior to filing the new property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway are removed. 2. The easement that was required for a shared septic system shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. 3. Property owners shall have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior property line and 1 O' along exterior property lines. Page 3 of 6 ,;??~o~ 0~ JV01 \ ~◊~ ~~~~N~~T~!~~~ ~~~~/ NO. 4 f 9 ~ 4. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. 5. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Re.corder's Office or Registrar of Titles Office on or before October 22, 2002 together with a certified original copy of this resolution. 6. The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions 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 subdivider must provide certified copies of all recorded easements currently affecting the property. c) Three Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. d) Drainage and Utility Easements documents for easements 1 O' along exterior property lines and 5' along interior property line. Page 4 of 6 CITY of ORONO p., ~~ ut/ RESO.LUTION OF THE CITY COUNCIL ~ <--11(:r:-, dQ~~ '// ~,<~~ p~· NO. fi ~ ~ ·ill~ Adopted by the City Council of Orono, Minnesota this 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation anci said instrument was executed on behalf of the City. . ........ .,\ STATE OF MINNESOTA COUNTY OF HENNEPIN l ' Notary Pu,iic ~ '.) . ' ~-~ -'''3 JACKIE YOUNG ~~,! NOTARY PUBLIC-MINNESOTA f;\ My Commiseion Expb,:; .. :_,1;. :: 1. i·2G3 r ~ ; The foregoing instrument was acknowledged before me on this -.::,3/.)f·I'? day of i-/v(·j I , 200 d by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal ~orporation and said instrument was executed on behalf of the City. ... ' HP.CHEL DODGE l~OTAR,Y PUBLIC· MINNEC'OTA My Ccmmisslon Expires Jan. 31, 2005 "'-~~~:..;;·.:.:::,2-;-:-n~ce~u~ .. ?."~:.-:.3•< e:3<i!. $• ~~ Notary Public Page 5 of 6 ,.-,, ,,' -- / --__.. r . I ll i I 1~ I I l---: I ~vi', << ...J w 1 o a. ::. "' ._......., g~, d di ti") ti") --, .•.. -· --- : ~ '~ ~ I ~"' -----1 .... (/) :s i:1 I a. ::: 0 ....., __,I"' 0 CO ~ ~1 oo • ti") ti") r' --1 1--\- 1 I - ·- Exhibit A ,. '.! iio.C!J l.l'V-')_,, 40·£. "1605 1 I I :.: f · .. ~ 1' -~ I -~-'> w.iv~ -:(/':;.!' \ ~ - .. o' , -. r:I ,69,67> ••• -__ • \\4,41 -\--'--" .. T I I •• ~. ,✓A .... '..! t. I I / ____ ... Page 6 of 6 •• C ,-, C oc de ti") It -. I .. JOHN M. PIERSON CHRISTOPHER J. PIERSON PIERSON & PIERSON PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 1055 EAST WAYZATA BOULEVARD SUITE 303 WAYZATA, MINNESOTA 55391 April 19, 2005 Mr. Mike Gaffron Planning Director City of Orono P. 0. Box 66 Crystal Bay, MN 55323 RECEIVED APR 2 I 2005 CITY OF ORONO TELEPHONE (952) 473-1400 FACSIMILE (952) 473-0969 Re: Lots 3,4,5,6,7 and 8, PLEASAl-.;fT VIEW AT LAKE MINNETONKA (Big Island) Lot Line Rearrangement File No. 2461 Request for Extension Dear Mr. Gaffron: As you may recall, our firm represents the Brysons and J ohnsons in connection with the above-referenced lot line rearrangement. At the suggestion of City Attorney Jeffrey Bland of the Hinshaw & Culbertson firm, I am sending you this letter to request formally a 6-month extension of City Council Resolutions 5246 and 4 794. The original approval of this lot line rearrangement (Resolution 4794) was extended by Resolution 5246 through April 22, 2005 to allow my clients to resolve various issues the title work disclosed. I have been working cooperatively with Mr. Bland, my clients, and Guaranty Title Insurance Company to resolve these issues. We were in the process of executing final documents in January of this year when one of the titleholders became a party to marriage dissolution proceedings. We could not proceed with execution of the documents until either those proceedings were completed or the parties thereto resolved any competing claims to the subject property. My understanding is that such a resolution will be forthcoming soon, but not in time to complete execution of the lot line rearrangement documents by the April 22 deadline. In making this request for an extension my clients understand that (i) the City is not obligated to grant this or any subsequent extension and (ii) if the City's requirements are not completed by the new deadline, then the City has no obligation to consent further to the matter. I assure you that my clients and I strongly desire to complete this much-delayed lot line rearrangement as soon as possible . I hope the City will grant the requested 6- month extension and we will soon thereafter complete the rearrangement. cc: Bill & Thelma Bryson James Johnson Jeffrey D. Bland 2 Con f i rma ti on Report -Memory Send Time Apr-20-2005 09:58am +9522494616 Job number Date To Document pages Start time End time Pages sent Status Job number To.· Fa,;;,c: Re: Sender.· 385 385 Apr-20 09:57am 6123348888 008 Apr-20 09:57am Apr-20 09:58am 008 OK Tel I ine Name CITY OF ORONO *** SEND SUCCESSFUL *** C:it_:v of CJrono 2750 Kelley Parkvva;y P.O . .Box 66 Cryst'al .Bay • .lklN .5.5323 (952_) 249-4600 Fax: (9.52_) .249-46I6 FAX TRANS:tv.a:ssroN COVER. SHEET YOU S.E:zOULD RECEIVE .::::::;--P.A.GE(S.), INCLUDING THIS COVER SHEET'. IF YOU DO NOT RECEIVE ALL THE .PAGES, PLEASE CALL (952} 249-4600. -SH-£-~ ✓ ,s: .,2_. ,-tJ .,Z,,f 6-7,'\J -4-L_ S v(,;:g,. 0/(/, A;::>fPJ,,..( = • ~,e_ ~ I 5/6-4'..I L.--C:::,. O','V /'~ ~ .5 -,'"'-....,,..,.,. ~ ~ I-( -1 '1 .q 4: -A,_---e-s. =-<~ ... ....--G x.. C!.c--✓->-f"> TS Date: To: Fax: Re: Sender: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 5 5 3 2 3 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET I fs(!Aj<;:()(U~JC,/fl\JSOJU /,!Jr L.-/ll.Jt:~ff~~T -h~ M1 K-e C:,4-h~LJ>N YOU SHOULD RECEIVE _s-PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. Application # c:? L/ 0 / Date Received. feb 9 lqq9 Amount Paid--l} ;:JSO ~ CITY OF ORONO -SUBDIVISION APPLICATION PROPERTY LOCATION Siteaddress 650, 660, 670 and 680 Big Island Property Identification Number (PID) ---'('-s_e_e_a_t_t_a_c-.:h_e_d_,_)'------------ Please check one -Property _X_ abstract or __ torrens? Attach legal description to application. APPLICANT Name Christopher J. Pierson Pierson & Pierson. PLLP Address 1055 East Wayzata Boulevard, Ste 20'.Phone (home) ___ _ City Wayzata, MN Zip55391Phone(work) 473-]400 OWNER (if different than applicant) Name ( see attached) Address ___________________ Phone (home) ___ _ City Zip __ Phone (work) ___ _ (attach list if more than one.) EXISTING LAND USE Number of Tax Parcels Development Size Present use ( check) Present Zoning District PROPOSAL 4 X Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. ofunits 3 seasonal Other (specify) ---- Division for Tax Purposes X Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites 3 Existing Units (J) Proposed Gross Density Minimum Lot Size Proposed Use (check) 0 New Units ---- 2 Total Units ---- ____ Units per __ Acres ____ Sq. Ft. Dry Buildable Land Residential ---- ----Other (specify) ___ _ 9 ~t;·i<t-'}~ ..,..!?~~ :.1 \\;:~ MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION I. Payment offees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. 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). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature __________________ Date ______________ _ MINIMUM MA TE RIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of fonnal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature __________________ Date ______________ _ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 -X-Subdivision of a Lot Line Rearrangement $350.00 ___ Subdivision Application (Class I & II) $350.00 ___ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) __ Final Plat Application (Class Ill) $200.00 ___ Legal Review and Filing: ___ Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 ___ Park Fees (to be determined per Section 11.62) ___ Legal and Engineering Review Fees (as incurred) ---Renewal of Class I and II Subdivision Application $200.00 (No change from original application) ---Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) ___ Renewal ofFinal Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: Proposed Private Roads $600.00 + $.SO/lineal ft.; ___ lin. ft. x .50 = $ __ _ Proposed Public Roads $900.00 + $.SO/lineal ft.; __ lin. ft. x .50 = $ __ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub ___ Proposed Watermain Extension $250.00 + $25/stub ___ Proposed Stonn Sewer System (excluding culverts) $200.00 ___ On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x ___ new lots C. Flexible Application Fees/Misc. Fees ___ Variance $220.00 ($50.00 per each additional variance) Easement Vacation Associated with Subdivision $100.00 ___ PRD Application with Subdivision $30.00/Dwelling Unit $3so.oo The applicant hereby agrees to provide all informatio required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission an Council necessary t p oc ss this application and further agrees to pay all additional fees established by ordinance. 1 .---/ / Applicant's Signature -+-.-w'!{:!!'·:....'""~-:::... .... -'l~A~~~~==-----..,,..--;...--Date:.___1+L_( _t;-+-f-q_q...c.__ ______ _ Owner's SignaturOI\.L:~~~'...!..l..:m~~±,____...:,:2'.l...:~~i;.,,,,.,~~~-'S.orl Date__,_/--'-}_1/-+f /_9~~9_.__-_______ _ ryson; 11 / Thelma L. B ~yson 7 Applicant must have all submittals in the City Office 25 days before the Pl · 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 · du d meeting, please make arrangements to have an authorized agent attend in your place and to advise the ?u~lding & Zonin;B 1c th' chang prior the meeting. t , , A~~-Date ,,( -2{0-9~) / J mes . R. ·Joht)(son-_, ---~--__._ _ _.,_ __ _ f 10 ORDINANCE NO. 181 , SECOND SERIES AN ORDINANCE ADOPTING THE 1999 FEE SCHEDl fLE AN ORDINANCE REPEALING ORDINANCE NO. 166 and 168; SbCOND SERIES The City Council of the City of Orono ordains Section 1. Ordinances Repealed. Ordinance No. 166, Second Series, entitled 1998 Fee Schedule and Ordinance No. 168, Second Series entitled Amending Ordinance No. 166, Second Series 1998 Fee Schedule are hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1999: · SECTION 1. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Application Type VARIANCE (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Structures RENEWAL VARIANCE (No change from original application) CONDIDONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) Institutional Use (School, Church, etc.) Duplex Credit (per building) Guest House/Guest Apartment Commercial/Industrial Use Nori-Conforming Use Amendment Fee $250.00 $250.00 $150.00 $175.00 $250.00 $200.00 $225.00 $300.00 $250.00 $100.00 1 Applicable Code Section 10.06, Subd 3 (D) 10.06, Subd 3 (D) 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 ZONING APPLICATIONS (CONT.) Application Type RIP-RAP Staff Review (normal rip-rap) Unusual Rip-Rap: a) New installation b) Repair pre'1ously approved APPEAL OF ADMINISTRATIVE DECISION INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postage/Etc. AFfER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. Fee No Charge $100.00 + CUP review Staff permit = $100.00 $100.00 Applicable Code Section 10.65, Subd 3 (D) 0.1 % of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses $ 40.00/hour $ 20.00/hour Actual Billed Cost Actual Cost 5 Section 10.11 § 10.09 not less than ten (10) days nor more than thirty (30) days prior to the day of the hearing. When an amendment includes changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. , , J <? ,\ l ,1 ,,/~ (\ ' ,_5,, \ ., ' ' Subd. 2. Initiation of Amendments to the Zoning Chapter. An amendment to the Zoning Chapter may be initiated by: (1) action of the Council; (2) a recommendation of the Planning Commission; (3) by petition of the owner(s) of their or adjoining property, the zoning of which is proposed to be changed. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and may not be acted upon by the Council until it has received the recommendation of the Planning Commission on the proposed amendment or until sixty days have elapsed from the date of reference of the amendment without a report by the Planning Commission. Subd. 3. Denial of Applications. Rezoning applications may be denied by motion of the Council and such motion shall constitute a finding and determination that the proposed rezoning is not in the best interest for the physical development of the City. No application which has been denied wholly or in part shall be resubmitted for a period of six ( 6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission. Source: Ordinance No. 170 Effective Date: 10-10-74 ~:Lj-1 tr1-- SEC. 10.11. FEES FOR ZONING APPLICATIONS. The fees to be paid for each application for rezoning, simple subdivision or variance, new, special or conditional use, accessory and principal uses or other approvals required in this Code, shall be in the amount prescribed by the current City fee schedule provisions. Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable unless the application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by the Council or by the Planning Commission. ORONO CC 272 Source: City Code Effective Date: 4-1-84 (4-1-84) J_ \1 0\\ § 10.10 Subd. 1. Permit Charges. No person shall be issued a permit pursuant to this Chapter and Chapter 11 of the City Code by the City until each applicant shall have paid to the City Clerk the fixed and additional costs incurred by the City in reviewing the application as provided in this Chapter. Source: Municipal Code Effective Date: 9-14-67 Subd. 2. Fixed Administrative Costs. Each applicant shall be charged the fixed fee specifically provided in this Chapter or other provisions of the City Code as required to cover the costs incurred by the City in administratively processing, reviewing and issuing, if granted, each of the above permits. Source: City Code Effective Date: 4-1-84 Subd. 3. Variable Additional Costs. Each applicant shall be charged an amount equal to the additional costs incurred by the City in processing and reviewing, each application for each \ of the above permits, including, but not limited to, engineering, legal and planning consultant costs when authorized by the Council or Planning Commission. Source: Municipal Code Effective Date: 9-14-67 Subd. 4. Initial Payment. At the time of making application, for each of the above permits, each applicant shall pay th~ fixed fee as described in Subdivision 2 above, plus a deposit for the costs described in Subdivision 3 above, which shall equal the Zoning Administrator's estimate of the additional costs the City will incur in processing and reviewing the applicant's particular permit application if such an estimate can be made. During the course of the application the Zoning Administrator may require that additional deposits be made before any further processing of the application by the City. Subd. 5. Payment of Costs. If no estimate of costs can be made by the Zoning Administrator, the applicant shall receive a monthly statement of costs incurred by the City which shall be payable fifteen (15) days after receipt by the applicant. Failure to pay such costs shall result in a suspension of action on the application or invalidation of the permit if issued. If a payment of estimated costs has been made, such payment shall be a credit against such statements until the sum is exhausted in which event the excess shall be due upon receipt of the statement. Any unused portion of the deposit shall be refunded upon final action on the application. No action on permits shall be taken and no permits shall be issued until an applicant shall make payment in full of costs billed to him or until applicant has deposited the estimate of the additional costs by the City. ORONO CC 273 Source: City Code Effective Date: 4-1-84 (4-1-84) § 10 .11--------··· . \J\'l/ Subd. 6. Unpaid Costs. The Council shall certify all unpaid costs described in Subdivision 3 above to the Hennepin County Auditor who shall enter them upon his tax records as a lien upon such land to be collected in the same manner as other real estate taxes are collected. i\ / \ i,)\\)\ ,, ,, Source: Municipal Code Effective Date: 9-14-67 SEC. 10.12. VACATION OF STREETS, ALLEYS AND PUBLIC GROUNDS. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this Chapter, except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two (2) weeks published and posted notice, all as required by Minnesota Statutes, Section 412.851. The Council may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Source: City Code Effective Date: 4-1-84 ,~J SEC. 10.13. ENFORCING. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Zoning Chapter, the Zoning Administrator, in addition to other remedies, may .. 1 ., institute any proper action or proceedings in the name of the City, and hereby shall have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violations, to prevent any illegal act, conduct, business or use in or about said premises. ORONO CC 274 Source: Ordinance No. 172 Effective Date: 1-1-75 (4-1-84) 0 ll)li\; ~1. PIU!<~ON l 'l·IRISTI WI II:~ J PIEl~SON PIERSON & PIERS N l'IWl"i-:SSIONAl. l.lMITlill l.lAl:\IJ,ITV P, R'rNl-:llSHII' ,,rro1<Ni>YS A·r 1.1\W 10:>~ EAST WAYZATA HCJllLI Vi\Rf) s1 wn•: .rn.1 \\',\Yl.•\I':\ \IINNES<J'l'/1 :·.wi DATE: April 19,200. CLIENT: Johnson/Bry. n TO'fAL PAGES (including cov r sheet): 3 PLEASE 'DELIVER T NAME: Mr. Michael P. Gaffron COMPANY: City of Orono 'fELEPHONE NO.: 952-249-4600 FROM; Christopher J. Pierson IX) Via Regular Mail ORIGINAL DOCUMENT TO OLLOW: 11 Vio Overnight Moil COMMENTS OR SHORT MESSAGE: TEl.l'PHO~I 111:-,~1 .17 \ l.ll111 FAC'SIMll.la 111;:,~1 .P \ 11\Jh'I FAX NO,; 952-249-4616 [ I Will Not Follow IF YOU HA VE PROBLEMS RBADTNG OR ARE MISSING Y OF Tl-IB FOLLOWING PAGES PLEASE CONTACT OUR OFFICE AT 612-473-1400. CONF'IDENTIALITY NOTICEi 'fhe documents ac ompanying this fax contain confidential information which is legally privileged. The information is inte1 ded only for the use of the recipient named above. If you are not the intended recipient, any disclosure, cop ing, distribution or taking any action in reliance on the contents of this telecopled information except its direct delivery to the intended recipient named above is strictly prohibited. If you have received this fi in error, please notHy us immediately by telephone to arrange for return of all copies of the documents to us. Thank you. £00/!00 'd £09!# M~~ NOS~3Id ~ NOS~3Id CITYofORO 0 January 12, 2005 Wendy B. Ethen, Esq. Guaranty Commercial Title, Inc. 330 Second Avenue South, Suite 750 Minneapolis, MN 55401 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Johnson & Bryson Lot Line Rearrangement, Big Island, Orono, Minnesota Dear Wendy: Per the request of Jeffrey Bland at Hinshaw & Culbertson, enclosed please find an original of the City Council resolution approving the above referenced lot line rearrangement, for filing. If you have any questions, please contact me at 952-249-4600. S. incerely, .· . £/'1 • -') ) .•'j ,, j,1,-...(;_ /" ,, ,/ ,.. ,,,<r-· :,.., ·,;' -~~,,,..... ,/ Michael P. Gaffron Planning Director encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Christopher J. Pierson Pierson & Pierson LLP 1055 East Wayzata Blvd., Suite 303 Wayzata, MN 55391 ZONING FILE #2461 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 29, 2004 COPIES: Rolfe Worden Hinshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402 TYPE OF APPLICATION: Extend Effective Period of Lot Line Rearrangement Approval DATE OF MEETING: November 8, 2004 VOTE: 3 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you, a final copy of which is attached ( original to Pierson, copy to Worden). If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO CITY COUNCIL MEETING -- Monday, November 8, 2004 7:00 o'clock p.m. *4. · SPECIAL COUNCIL MEETING OF THE CANVASSING BOARD OF NOVEMBER 4, 2004 White moved, McMillan seconded, to approve the minutes of the Special Council Meeting of the Canvassing Board of November 4, 2004, as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS -NO REPRESENTATIVE PRESENT Next meeting scheduled for November 29, '2004. PLANNING COMMISSION COMMENTS -J. MARC FRITZLER, REPRESENTATIVE Fritzler stated he had nothing to report but would be available for questions , PUBLIC COMMENTS Allan Engleman, 315 Old Crystal Bay Road No1th, requested the City Council address the issue of boat storage at 285 Old Crystal Bay Road N01th, Engleman indicated this issue arises each fall. Engleman stated the prope1ty is cun-ently vacant, noting the City's ordinance requires that any boat stored on a residential lot must be owned by the person occupying the premises , Engleman indicated he did bring this issue to Council Member Murphy's attention two weeks ago . Peterson indicated this issue was discussed at a work session last week, Peterson stated Staff is looking into whether the boats are owned by the property owner. Moorse stated Staff has checked the licensing and registration for the boats and has ve1ified that not all of the boats that are ctmently being stored on the lot are owned by the property owner. Moorse stated the City has sent the property owner a letter notifying him that the boats must be removed as well as some other items that should not be stored on the property. Peterson inquired what time -period the property owner was given to remove the items. Moorse stated normally they are allowed ten days to two weeks . Engleman commented there cun-ently are three h·ailers on the lot, with five trailers having been stored on the property all summer. ZONING ADMINISTRATOR'S REPORT *5. #2461 BRYSON AND JOHNSON, 650-660-670-680 BIG ISLAND -SUBDIVISION OF A LOT LINE REARRANGEMENT -EXTEND APPROVAL -RESOLUTION NO. 5246 White moved, McMillan seconded, to adopt RESOLUTION NO. 5246, a Resolution Granting an Amendment to Resolution No. 4794, an extension of the lot line rearrangement approval, for William Bryson and James Johnson, 650-660-670-680 Big Island. VOTE: Ayes 3, Nays 0. PAGE2 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Date: November 4, 2004 Item No.: Agenda Section: Zoning Item Description: #2461 William and Thelma Bryson & James A. R. Johnson 650-660-670-680 Big Island -Subdivision of a Lot Line Rearrangement -Extension of Effective Period of Approval Zoning District: RS -Recreational Seasonal District List of Exhibits A Extension Resolution B Letter of Request 10-26-04 C Memo and Exhibits of March 28, 2002 Application Summary: Applicants request extension of the lot line rearrangement approval granted April 22, 2002, which expired in April 2003. The approval allowed 4 'Record Lots' on Big Island to be divided and combined to result in just 2 final lots. Staff Recommendation: Staff recommends approval of an extension of the effective period of subdivision approval to April 22, 2005. Please review the exhibits. The reason for the requested extension is that the subdivision was never filed with the County, because the applicants encountered title issues which have only recently been resolved (See Exhibit B). Our standard boilerplate language required that this subdivision be filed with the County by October 22, 2002. This application was seen by staff as a win-win for the applicants and the City, as it results in new lots that are more conforming in size than the prior layout. The City Attorney has indicated that while no hearing is required to extend the approval, formal Council action is necessary. Staff Recommendation Staff recommends approval of an extension of the effective period of subdivision approval to April 22, 2005 per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING AN AMENDMENT TO RESOLUTION NO. 4794 FILE NO. 2461 WHEREAS, on April 22, 2002, the City Council of the City of Orono (the "City") adopted Resolution No. 4794 granting approval for a subdivision of a lot line rearrangement for properties on Big Island owned by William Bryson and Thelma Bryson and James A. R. Johnson (collectively 'the applicants'); and WHEREAS, Resolution No. 4794 required that the applicants complete filing of the lot line rearrangement with Hennepin County no later than October 22, 2002; and WHEREAS, the applicants were unable to file the subdivision of a lot line rearrangement within the timeframe allotted due to title issues, which have just recently been resolved; and WHEREAS, the Applicants have requested an extension of the effective period of subdivision approval in order that the lot line rearrangement may now be filed; and WHEREAS, the City Council finds that the findings and conditions of Resolution No. 4794 are still valid and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. Conditions 5 and 7 of Resolution No. 4794 are hereby amended to allow filing of the lot line rearrangement with the Hennepin County Recorders Office or Registrar of Titles Office on or before April 22, 2005. 2. All other terms and conditions of Resolution #4794 are hereby reaffirmed. Page 1 of 2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of November, 2004. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 8th day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ___ day of __ _ 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 OCT 27 2004 12:19 PM FR HINSHAWCULBERTSONLLP334 8888 TO 1461"7048395"952 P.01 HINSHAW & CULe.t:RTSON LLf' October 27, 2004 FACSIMILE TRANSMISSION TO: COMPANY: Ronald J. Moorse City of Orono FROM: Rolfe A. Worden FAX NO.: 952-249-4616 USERID; 4715 ATTORNEYS AT LAW Campbell Mithun Tower 222 South Ninth Street Suite 3100 Minneapolis, MN 55402 T F 612-334-8888 www.hinshawlaw.com PHONE NO.: 952-249-4601 MATTER NAME: Orono __:__;_ ________________ _ MATTERNO.: 751031 NO. OF PAGES (including this Cover): __ SENDING OPERATOR: RETURN TO: (other than above) Rolfe ...;;;.;;.;;.;;~--------------------- ~ Sent by Office Services: 612-334-2721 D Sent by Rolfe 612-334-2516 ----------- COMMENTS, IF ANY: RE: Johnson & Bryson Big Island Lot Line Rearrangement See attached. Please review and give me a call at 334-2516 Rolfe cc: Thomas J. Banett (w/att.) HARD COPY: D Will follow by mail D Will follow by overnight mail D Will not follow Jr you do not receive the number of pages lisred above, please call 612-334•2S16. Tile documents that accompany this facsimile conbdn confidential and privileJ;lcd information and arc intended solely for the use of the iudividual or eutity to whom this transmission is directed. Any disclosure of the information he1•ein is unauthorized and strictly prohibited. If you are not the intended recipient of this facsimile, please respond by facsimile to the number ab(lvc Qr call the sending Operator at our expense immediately $0 th:it we may arrange for the remru of tl1ls document to us ac no cosr to you. Thank you. Hinshaw & Culbc1•t$on IXP is :rn lllinois registered limited liability partnership thnt has elected to be governed by the Illinois Uniforni Pmnmhip Act (1997). OCT 27 2004 12:19 PM FR HINSHAWCULBERTSONLLP334 8888 TO 1461~7048395~952 P.02 JOHN M. l>IERSON CHRISTOPHER J. PIERSON PIERSON & PIERSON PROFl'\SSIONAL LIMITED LIAlllLITY PARTNllRSl'IIP ATIORNllYS AT LAW 1055 EAST WAYZATA BOULEVARD SUITE 303 WAYZATA. MINNESOTA 55391 October 26, 2004 Mr. Rolfe A. Worden Hinshaw & Culbertson 222 South Ninth Street Suite 3100 Minneapolis, MN 55402 Re: City of Orono TELEPHONE (952) 473-1400 FACSlMILB (952) 473-0969 Johnson & Bryson Big Island Lot Line Rearrangement Lots 3, 4, S, 6, 7, 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) Dear Mr. Worden: As we discussed on the phone a couple weeks ago and again yesterday morning, our finn represents the above.referenced property owners in connection with their proposed lot line rearrangement on Big Island. Since you can't locate a file on the matter in your office, let me review its history and present status. I have enclosed copies of the following: J. City of Orono City Council Resolution No. 4794 (faxed from Paul Weinberger); 2. 3/28/02 Request For Council Action (which contains the record of previous proceedings on the matter); 3. McCombs Frank Roos Associates, Inc. Survey dated 4/17/02. William and Thelma Bryson own Lots 3 and 4, Pleasant View At Lake Minnetonka . .Tames A. R. Johnson owns (but see below) Lots 7 and 8. In 1998 they jointly purchased Lots 5 and 6 located between their parcels, and hold that parcel as tenants in common -½ Brysons, ½ Johnson. Theil' ultimate plan was to rearrange the lot lines such that Brysons would own Lots 3-5 and Mr. Johnson lots 6-8. The plan was consistent with the City of Orono's overall goal of lowering densities on the island. The Planning Commission approved the lot line rearrangement March 15, 1999. However, the City Council tabled the application at its April 12, 1999 meeting. The reason was that the cabin that was on the center parcel would have been too close to the new lot line to comply with the State Fire Code, which required a 3-foot setback. (Please note that the tabling was due to a Fire Code issue on an island where there is virtually no ability to fight fires, and there would be no change on the ground -just movement of a line on a map.) By March of 2002, the Brysons and Mr. Johnson had removed the cabin on the center parcel. The matter went back to the City Council on April 8, 2002 and was passed (I believe unanimously) subject to conditions and preparation of various documents, including title opinions for the properties. I OCT 27 2004 12:20 PM FR HINSHAWCULBERTSONLLP334 8888 TO 1461ij7048395ij952 P.03 In preparing the title opinions it was discovered that the Johnson parcel, Lots 7 and 8, was actually owned not just by Mr. Johnson, but by him (half interest) as tenant in common with his 5 children (one tenth interest each.) Mr. Johnson had deeded one half the property to his children in connection with some estate planning done a number of years earlier. So, the Brysons and Mr. Johnson and his five adult children (and their spouses) would like now to complete the lot line rearrangement. In reviewing the approving Resolution it appears the items listed below are required. With each I give a brief status report. a. Title Opinions -done in December '02 ~ will update. b. Certified copies of all recorded easements -there is just one -I wilt obtain a certified copy. c. 3 copies of a Certificate of Survey-the enclosed survey is being updated by MFRA to, among other things, add the names oftbe additional owners of Lots 7 and 8 -Mr. Johnson's 5 children and their spouses. / would like your approval in advance of the certification on the survey so we only have to execure this once. d. Agreement to Extinguish Easement -a draft is enclosed. e. 2 Quit Claim Deeds -drafts are enclosed -Lot 5 to Brysons -Lot 6 to J. Johnson. f. J. Johnson Quit Claim Deed of Lot 6 to his children-establishes common ownership of I,ots 6-8. g. 2 Drainage And Utility Easements - -Brysons grant Lots 3-5 easement -Johnson, et al, grant Lots 6-8 easement. Please call me after you have had an oppmtunity to review these materials. We would like to complete the lot Jine rearrangement soon. I have previously been assured (albeit by persons no longer with the City) that we will not have to go to the Council again even with the lapse of time. I look forward to hearing from you. enc. cc: William & Thelma Bryson James A. R. Johnson 2 '\ .. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2002 7:00 o'clock p.m. (Park Commission Comments, Continued) Ilse stated the drinking fountain and concrete pad for the portable restroom for the Navarre Park and sidewalk in this area should be installed this year. Ilse inquired whether those three projects would occur around the same time. Gappa stated the City is still waiting for approval on the state aid for the sidewalk. PLANNING COMMISSION COMMENTS -Dave Rahn, Representative Rahn stated he would be present for questions tonight. PUBLIC COMMENTS None *(#3) #2461 WILLIAM AND THELMA BRYSON, AND JAMES A. R. JOHNSON, 650, 660, 670 AND 680 BIG ISLAND -SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4794 Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4794, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at / 650, 660, 670 and 680 B~:~~AyesA~~Nays.Oh .. v=~~=•-·-~•vT~--,4•.~ .. ••·•=-v••--•-P _ j - (#4) #02-2740 JEFFRY AND NANCY TWIDWELL, 1865 CONCORDIA STREET - VARIANCES -RESOLUTION NO. 4792 Nancy Twidwell, Applicant, and Jeff Switzer, Architect, were present. Gaffron stated this was on the April 8th Council meeting where the Council approved the hardcover vanance. Gaffron noted there is a typographical error in the resolution, with some changes needing to be made on the resolution. Gaffron indicated the final width of the driveway would be 14 feet. Gaffron stated there is a revised version of the resolution before the Council, noting that the resolution was revised to reflect that 120 square feet of deck strncture would be removed, leaving 132 square feet of stairway in the 0-75' setback. Gaffron stated condition number three was added to the resolution relating to the maple trees, which requires that if any one of the trees dies within the first five years of this project that the tree be replaced. Gaffron indicated this condition was added because the trees were claimed to be a hardship. PAGE2 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: Zoning District: List of Exhibits A Resolution B Big Island Map #2461 William and Thelma Bryson James A. R. Johnson 650-660-670-680 Big Island Big Island -Recreational Seasonal District C Plat Map/Existing Propetty Layout D New Prope1ty Layout E Draft Drainage and Utility Easement Document F Planning Commission Minutes (March 15, 1999) G City Council Minutes (April 12, 1999) Application Review DATE: March 28, 2002 ITEMNO.: 3 Agenda Section: Zoning The property owners have requested a lot line rearrangement to permit four existing residential lots on Big Island, with a total of 2 cabins, to be combined to create two residential lots. This application was last reviewed by the City Council on June 12, 1999. The application was tabled at that time due to an issue relating to the location of one of the cabins only 1.5' from the new proposed prope1ty line. At issue was the State of Minnesota Building Code requirement that buildings with openings (such as windows and doorways) can not be located closer than 3' to a propet1y line. Fmther, all walls exposed to the property line are also required to be fire resistant. The purpose is to eliminate the potential for fires from spreading from one prope1ty to another. The prope1ty owners had suggested they enter into an agreement with the City of Orono that they would agree to remove the cabin within 30 months from the approval of the lot line rearrangement. The City chose not to enter into the agreement because of the difficultly the City may have with requiring the cabin to be removed if it were still on the property after the 30 month time period expires. Rather than entering into an agreement the City and applicant had placed the approval on hold until some time after the cabin was removed. The prope1ty owners have notified the City that the cabin has recently been removed and they wish to complete the lot line rearrangement. #2461 William and Thelma Bryson and James A. R. Johnson March 28, 2002 Pa e 2 of2 Big Island Lot Designations The proposed subdivision/combination process results in the need to amend Big Island Record Lot numbers as they were designated in Section 10.31 of the Zoning Code in 1984. Per Exhibit C, the Bryson parcel will incorporate Record Lots 66, 59 and½ of 44. The Johnson parcel will include½ of Record Lot 44 plus the 4 parcels that comprise Record Lot 31. Staff will be presenting a comprehensive update of Section 10.31 (the RS District/Big Island) later this year to make all the changes to it since 1984. Staff Recommendation Staff recommends approval of the lot line rearrangement to create two residential lots from the four existing propet1ies subject to the following conditions: 1. Prior to filing the new propet1y descriptions, an inspection of the 660 Big Island property is completed to ensure all existing structures and the stairway is removed. 2. The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. 3. Propet1y owners shall have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior prope11y line and 1 O' on exterior propet1y lines. 4. A title opinion shall be completed and provided to the City of Orono, prior to filing the new property descriptions. 5. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. Planning Commission Recommendation The Planning Commission reviewed the lot line rearrangement on March I 5, 1999 and recommended approval by a vote of 5 to 0. The proposed lot layout has not changed from the plan reviewed by the Planning Commission. A copy of March 15 th minutes are attached. COUNCIL ACTION REQUESTED To adopt the attached resolution approving the lot line rearrangement for Johnson/Bryson to create two residential lots from the 4 existing propet1ies. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development ofland within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Bryson and James A. R. Johnson (hereinafter "the subdividers") of properties legally described as: Lots 3, 4, 5, 6, 7 and 8, Pleasant View at Lake Minnetonka (hereinafter "the properties") to be rearranged by transferring of properties new legal descriptions as : Lots 3, 4 and 5 (hereinafter "Parcel A") and Lots 6, 7 and 8 (hereinafter "Parcel B") WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462 .358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12, 1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 WHEREAS, At their regular meeting held on April 8, 2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: 1. The property is located within the RS district. The existing lots are as follows: Existing Address 650 Big Island 660 Big Island 670 Big Island 680 Big Island Legal Description Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. Lot 4, Pleasant View (seasonal dwelling) Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Parcel B 650 Big Island Parcel A 670 Big Island Legal Description Lots 6-7-8, Pleasant View ( seasonal dwelling) Lots 3-4-5, Pleasant View (seasonal dwelling) 3. The lots are currently 2 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. 4. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 5. 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6, the property would increase Page 2 of 6 to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100' to 15 O'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrease. 6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and are under common ownership. The cabin is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements have been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The easements would no longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. 7. 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. 8. A single well located on Lot 6 would serve both Parcel A and B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 10, 1998, attached Exhibit "A". The approval is subject to the following conditions: 1. Prior to filing the new property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway are removed. 2. The easement that was required for a shared septic system shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. 3. Property owners shall have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior property line and 1 O' along exterior property lines. Page 3 of 6 4. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. 5. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 22, 2002 together with a certified original copy of this resolution. 6. The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions 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 subdivider must provide certified copies of all recorded easements currently affecting the property. c) Three Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. d) Drainage and Utility Easements documents for easements 1 O' along exterior property lines and 5' along interior property line. Page 4 of 6 Adopted by the City Council of Orono, Minnesota this 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ____ day of ________ , 200 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 ed Ill ()Q :0 "' 0 Hl "' rsu-,-.,.u.--' -- '"" \ ij \ .,;1."-0 \ -M.H,tO,ON -. £l"O0! -"i:1'-~~,-,-9·-o,:::,,,,...... __ ~.:==--- ----Gi·U---;" G,) .f == \ . J.::x-~·::::~ -i:::------......... I ...... ~~.,. 'i~ ~~j ~ -\ r->. ~-- () --... ., c_ ~" '!~ ~ ~.. ,-· ~~ . -\-_. () .. ~ • I ~ __ _.,1.·tt~--"'.':::~--~ ~,__-,, ,~--~-.{(:. .. s\·~\~~'¼.-,"~ , __ n --.. \-- ti Y'\___, ~ g_ \ c:,;_ . 'r" .,.... §S''0~ //, .. \ \'·"/\. \"' -~ ',, \t--:> ',~·-, CP ~ :,;~ ~ ~,-,~ \~~ 'i~ 100.00 {PLAT) 99.93 (MEAS) 150.03 (MEAS) 1 c;:n '"' /n1 ,,, T\ --- 50.00 (PLAT) 50.10 (MEAS) . \ \ ,., I __ , e .. \ g . I CD \ \ .... # ' O'l \ ' ~ . .... ... () .. \ .'-o:g .?:~ ~ .. -; . ..... ~ \ 0 )> ~ \a, . ,,, ~ , ·t.0 · ·· ..... -·· · I I I ,,• I~ -O'l ~ ~~I)'-.,~--· ;\ ~'\i1 I 50.00 (PLAT) 50.04 (MEAS) . --F--,, \ --_.\..1-fd I , I ; 1}i-J 50.00 (PLAT) 50.07 (MEAS) 150.03 (MEAS) 50.00 (PLAT) 49.92 (MEAS) ~ -. ~:-: _ .. , 1:::1 ~ ;:,' I-'• c" I-'• rt > N t J.1,lTKABEACH HUNTINGTON POINT RECREATION POINT 710-MICHAEL WEINER------I I ?o -~ ~~ MAHPIYATA ISLAND 700-CHERYLRAMSTADHVASS--; 40 . ' ·e I '.l!f' '1'✓(, 690 • ROBERT BRUDER 1 670/680 -WILLIAM BRYSON · 660-BETTY F. PRINCE'-----= 650-JAMES A. R. JOHNSON --- 640 -CLINTON KNUDSON ~I .,j 630-JEFFREY PERSON-----=9. ~I-I~ / ECHO BAY I !;; :.: z ..:, :l ~ = C..< = ~Q c:: = < ., E-., ,.. ., r., ~z= Cl;';~g :3:: ~ Cl ... 0 00 "'-o '-= '° \o:) = = 0 c:: z 0 ~~ ~ ': 0 0 &i ~ I 0,: .., "' ;:, ~ ,s; c:i 5l "' 't-o..,, I ~ "' d ~ < 2!': :, 0 c:: §; z :; "' ::;; ::;; ;S ..J ..J ~ :,: ~ ci ~ :a Q :, ~ 0. c:: 0 Q z "' r., r., "' Q < z < "' .., 100 -BIG ISLAND VETERANS CAMP I "' 130-MARGARET SCHEFTEL·- 740 • .!iENNEPJN COUNTY PARI<s - DR. AR!HUR ALLEN WlLDLlFE REFuGE g 140-THOMASTAYLOR -----150-WM. LlLJEMARK -•-----160-DUANE BEHNING · --~--170-JOSEPHBACKES 240/250 -FRED A BRUNTJEN --'- 500 -EUGENE A NELSON --, , -----180-GERALDE. WALsH ~-----190-STEPHEN O'GARA 490-TEDR.HANNA----, ', ' 200 -JAMES OGLAND Q z :§ :!l r., cl 0 "' "' ' ' ~,...,....,. ~.,.,_T~•T>o<r-.,..111.T w':0,.:', , ______ 210-JACKISAAMAN ~ 230-MRS. FRED HALES 260 -DAVID SAARI 270 -FRED W. HALES 80 -ROBERT POSTHUM!JS tf"·-.,,.____---290. WILLIAM FINK 470-SAMUEL MCCLOUD--- 460 -BIG 1sU.ND PROPERTIES -• .,c,.,..~?-1'?-0l'ER,:1ES--- 4~0-" .. ,,. ~\,SO~ ~c,:E,:~OR .--- 4~0-•"' ---- ~\,0~-(t ----~ 4;0·-&-0 oss~..¢01/ UU l!J:.~ -o~.,,..,--,,,. _Vo-c#\, 0 co~":-/ / t; 41,0 o~"i-</> ,;;<J 4./ o G~<c,G ~~~ ~<s, "- 4..,_o· ~ G ~'I-ff: o-<i><c,<o-,t,-$· 5 oO'~ ;,,<s, t:f ~ </;-0 _,,a,o' " ~; -300°1)4,.,,_ --310. ·~•u,;L lO;LLOG ·+ WyA..E:c.e~ G FJI..RN.E;s ·----320 · •Jolflv s.o~ ............_, :J:10.JOlflV 3<10 A. .E:lJ)l!:IV . ./> "CJ!o ~ o~ 'lice -~~"" 00 ~ ~ ¾,vso '-"'-.;,.i: '-"o IV ,.i' ,.i'"a "'-~ II'~ ., ~ ·e <!>c l9o ·o ~o ~ -~ ~ '<!'1, ~ '1-1,; ~ 'e<!> .-i-,i,, ~ 0~1,'-1,s.; -1 ~ ..,, <., 'e-ei, u'-d>u <!>~ ~ o..,, ~ ~ .. BIG ISLAND LANDOWNERS JULY 1, 1997 KEY: • SignificantBuildings 120 Assigned Address (Listings in Bold arc properties "vitl-. cabins or other significant buildings ' ' . ' ' : ' : ' ' ' ' ' . ' ' ' ' ' ' ' ' ' ' . ' ' ' . ' . -+--' ' . . . ' ' ' ' ' ' ' ' ~,1-. 4(t; . . ~ 1\_.•l\ : ~ >t~ ' ' ' : ' : \ "-l\ ' . ' ' ' ' ' ' ' . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' , : ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' : ' (I) . ,' ..... . . : .......... . . . ... ·-· ~ ~ ~{NI( if © W tNl ~ lH1 U IT .. N 1' ~,,,,,,"" , - / - I -r I /I I I ! 1~ I I I I I .=--V> I <t'. <t'. .....J WI 0 Cl.. 2 tn ...__,...__, I I ...... -· ... I I lo I IO I I ~81: / I .1.v/ . ~! ,..,,,..,. \) 9J7.5Blv)/OQ I J Jr)/1.r)" <oJl.rj I ~ \ :i;,' ~ I !cl 1\~~~\ll r&rl' I( ot~ \ \~ ·'\ ,~ II Ii I i I . .., ,, '' ,, ,, < ,, po~R pQ\.•. t I -~--r-:;o ', \ nt.l.NOUf'S_/ .,,.,, (1\l -0, 'j IBfATVt'tL: .,, __ --,,,,,c AA(A ,// \ --:v / ' c,1t / -at-~ ·r I I ... h'A ..... ,, ' '' ' ,, !, I / I () Or--._ ~o 0 . lf) 0 II) () Os;t ~o 0 . lf) 0 L() Oo 0~ ci . lf) 0 I.() I I I ' ' ' I I I n 0 ci . I.() I I I nc oc ci C L() li ~ ~ ' I I I I I ~/ [DRAFT] DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this __ day of ______ , 20_, by and between William Bryson and Thelma Bryson, and James A. R. Johnson hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee". WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit "A" which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantor(s) have executed this document the day and year set forth above. GRANTOR(S) Page 1 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ______ day of ____________ , 20 __ , by _______________ _ State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 NOTARY PUBLIC Page 2 of 3 Exhibit "A" [To be submitted by Applicant's Surveyor] Page 3 of 3 ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2444 Brian and Susan Schebler, continued) Schebler stated a lot of hardcover has already been removed, with the deck being designed to allow the water to seep into the ground. Schebler indicated he will continue to reduce hardcover on this lot wherever possible. Schroeder commented that niost of what Schebler has removed has not been counted in the. hardcover figures .. Mrs. Schebler stated they were told they could have a deck on the property. Smith commented that it appears the Planning Commission is recommending that the deck be removed. Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Schebler stated the driveway probably cannot be reduced. Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there is nothing in the code that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff in an effort to reduce hardcover.· · · · · There were no public comments. Schroeder moved, Smith seconded, to table Application #2444, 1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays O. (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. -8:22 p.m. Chris Pierson, on beha _lf of the Applicants, was present. Weinberger stated the Applicant is requesting a lot line rearamgement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into·two parcels. The Applicants are proposing to combine Lots 3, 4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinberger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this close to the property line. There are also exists some zoning code requirements which would require variances to be granted to allow a residence to be located this close to a lot line, and a conditional use permit would be necessary to allow a guest cabin. Currently City Code does not allow two principal residences to be located Page 7 F -- ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2461 Chris Pierson, continued) on one lot. The Applicants are proposing to keep the existing cabin, which Staff cannot support, and Staff has stated the cabin on Lot 5 shall be removed prior to the filing of the subdivision with Hennepin County. The State Building Code does not allow buildings to be located within three feet of property boundaries. Weinberger stated this proposed lot line rearrangement would reduce density on Big Island and the eventual removal of structure and hardcover and returning the area more to its natural appearance. currently the cabin located on Lots 5 and 6 shares a well located to the south, which would be moved to 650 property should the lot line rearrangement be approved, and also shares a septic system serving the property at 670. Staff is requesting that the septic lines be capped, and the proposal would be one septic site for one residence. Staff is also requesting that the easements and any other agreements relating to the well and septic systems be vacated and eliminated. At the time this was platted, there would not have been drainage and utility easements to vacate over the old property line, but Staff is requesting that there be five feet on each side of the interior property line and ten feet across the rear of the property line for drainage and utility · · easements. Staff ls recommending approval of the lot line rearrangement to create the two tax parcels with Lots 3, 4, and 5 making up one parcel, and Lots 6, 7, and 8 making up the other parcel. Staff is requesting that the cabin located on Lot 5 be removed, along with the deck, stairway, sidewalk, and removal of the shed, prior to the filing of the subdivision with Hennepin County. Staff is also requesting that title opinions be delivered to the City for Lots 3 through 8. PleiSon stated the property was acquired from Betty Fisher who tiad requested at the time of purchase that the cabin remain for a period of time due to sentimental reasons, which was agreed to by Bryson and Johnson. Chair Smith inquired what the use of the cabin will be should it remain on the property. Bryson indicated that they have no intentions on utilizing the cabin and are willing to remove It in two to three years. Johnson stated, if possible, they would like the cabin to remain for the next five years, but if the Planning Commission decided otherwise, they would be willing to remove the cabin. There were no public comments. Lindquist indicated he would be agreeable to allowing the cabin to remain on the property for two years. Smith C9mmented that the only issue with this application appears to be the cabin. Weinberger remarked that City Staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, and if not, a court order for its removal could be issued. Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half Page 8 ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2461 Chris Pierson, continued) years. Lindquist moved, McMillan seconded, recommending approval of Application #2461, · 650, 660, 670, and 680 Big Island, subject to removal of the cabin· located on Lot 5, along · with the deck, stairway, steps and shed within the sideyard setback; within ihe next 30 · months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility, well, and drainage easements shortly after approval by the City Council of the lot line rearrangement, with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 5 will not be used during the next 30 months. VOTE: Ayes 5, Nays O. Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND-VARIANCE, 8:25 p.m. -8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. Weinberger stated access to the lot ls an issue, noting that there are a number of platted right-of- ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. City Staff is also requesting that an existing cabin, which is currently in ruins, be removed prior to construction prior to any building permit being issued. · Lovelace·stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed in that area, and the Applicant has agreed to file a copy of the easement with the City and have it placed it on the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Page9 ORONO PLANNING COMMISSION . MINUTES FOR MARCH 15, 1999 (#2462 David Lovelace, continued) Weinberger stated the previous owner did have dock rights with the neighboring property owner, which was grandfathered in. Schroeder indicated that access to this lot should be granted before approval of this application is given.· · · · · · · · · · Lindquist Indicated he would be willing to approve this application subject to access being granted by the City Council. Schroeder suggested that this application be tabled until access is obtained. Lovelace Indicated he will not be obtaining any building permits unless access is obtained. Chair Smith inquired whether there were any public comments concerning this application. Gerald Walsh, 180 Big Island, commented that there are three public accesses available. Smith remarked that the residents are not allowed to leave their mode of transportion on the public right-of-way. Rodney Minnich, 340 Old Crystal Bay South, commented that the Applicant could buy an aquatic car. Smith stated the issue is that the residents cannot leave their mode of transportation on public land. McMillan inquired whether there were suitable septic sites available. Lovelace commented that the septic inspector has found three or four sites which will probably be suitable for his use. Lovelace stated a mound system would be required if he builds in excess of 800 square feet. Hawn moved, McMillan seconded, to recommend approval of Application #2462, granting of a lot area variance to create a buildable lot at 220 Big Island, subject to access being obtained and septic issues being resolved. VOTE: Ayes 5, Nays O. (#8) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET, LOT LINE REARRANGEMENT, 8:38 p.m. -9:10 p.m. Robert Erickson, Applicant, along with Mike Cronin, were present. Weinberger stated the Planning Commission reviewed the sketch plan for the proposed lot line rearrangement at their November, 1998 meeting. The Applicant has revised the plans slightly. Currently Lot 9, the 364 property, is a narrow parcel consisting of .65 acres, and the property located at 372 Westlake Street consists of 2.01 acres, which makes it a conforming lot. 372 Westlake Street has a residence currently situated on It, which is being occupied at the present time, along with two guest cabins. The lot was assessed for only one sewer unit although it does contain the three separate dwelling units. The property currently is not hooked up to sanitary sewer, and the owners have indicated that they will hookup to sanitary sewer upon approval of their application. · · Page 10 * ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 (#5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road -Continued Flint said he is in favor of approving the application because the garage addition is behind the 75' setback, it is a small lot and not having a garage would be a hardship. VOTE: Ay~s _4~ Nays 0. · . (#6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650,660,670 and 680 Big Island -Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a recommendation to allow the cabin to remain for a period of 30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from . . the requirements of the State Code. He _said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south. 1-1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long-time friend of the family. In the course of buying the property, the former owner asked that the cabin not be tom down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1-1/2 feet to accommodate the State code requirement. Pierson.said he would have to discuss it with his clients. They would like the application approved now and they wouldn't file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients are willing to entednto an agreement with the City that the cabin will be removed in 30 months. Page 6 -- ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 (#6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson -Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long-teri:n plan is to rem~ve the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour asked if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson said he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kelley moved, Flint seconded, a motion to table Application #2461, 650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page7 TELECOPY COVER LETTER Please deliver the following page(s) to: Name: Chris Pierson From: Paul Weinberger, Zoning Administrator/Planner Total number of pages including this cover letter: 7 Date: August 1, 2002 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (952) 249-4600 and ask for:Paul Our fax number is: (952) 249-4616 Additional Message: Mr. Pierson: Attached is a copy of the resolution adopted by the Council on April 22, 2002 for the Johnson/Bryson lot line rearrangement. Prior to final recording of the documents please verify that all conditions of the approval have been completed. The Brysons and Mr. Johnson do need to sign the 3 copies of the survey in our office prior to sending the documents to Hennepin County. If they are not able to sign them in our office I will release them to you to aiTange for signatures. Please do not hesitate to contact me at (952) 249-4600 should you have any questions. Thank you, ?~/4)~~ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2002 7:00 o'clock p.m. (Park Commission Comments, Continued) Ilse stated the drinking fountain and concrete pad for the portable restroom for the . Navarre Park and sidewalk in this area should be installed this year. Ilse inquired whether those three projects would occur around the same time. Gappa stated the City is still waiting for approval on the state aid for the sidewalk. PLANNING COMMISSION COMMENTS -Dave Rahn, Representative Rahn stated he would be present for questions tonight. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *(#3) #2461 WILLIAM AND THELMA BRYSON, AND JAMES A. R. JOHNSON, 650, 660, 670 AND 680 BIG ISLAND -SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4794 Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4794, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 650,660,670 and 680 Big Island. VOTE: Ayes 4, Nays 0. (#4) #02-2740 JEFFRY AND NANCY TWIDWELL, 1865 CONCORDIA STREET- VARIANCES -RESOLUTION NO. 4792 Nancy Twidwell, Applicant, and Jeff Switzer, Architect, were present. Gaffron stated this was on the April 8th Council meeting where the Council approved the hardcover variance. Gaffron noted there is a typographical error in the resolution, with some changes needing to be made on the resolution. Gaffron indicated the final width of the driveway would be 14 feet. Gaffron stated there is a revised version of the resolution before the Council, noting that the resolution was revised to reflect that 120 square feet of deck structure would be removed, leaving 132 square feet of stairway in the 0-75' setback. Gaffron stated condition number three was added to the resolution relating to the maple trees, which requires that if any one of the trees dies within the first five years of this project that the tree be replaced . Gaffron indicated this condition was added because the trees were claimed to be a hardship . PAGE2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2002 7:00 o'clock p.m. ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Jim White, and Richard Flint. Council Member Bob Sansevere was absent. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Assistant City Attorney Sean Simpson, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:07 p.m. CONSENT AGENDA (#1) Approve/Amend Items 1 lA, 12, 14, 16, 17, 18, 19, 20 were added to the Consent Agenda. Item 21 was removed from the Consent Agenda. Flint moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *(#4) Regular Council Meeting of April 8, 2002 Flint, White seconded, to approve the minutes of the Regular City Council meeting of April 8, 2002. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS -Sherokee Ilse, Representative Ilse thanked the City Council for the support of the Park Commission this year. Ilse indicated a letter has been sent to the adjoining property owners of Hackberry regarding the proposed new play equipment and the upcoming public hearing. Isle stated the park tour this year will be held June 3 at 5:30 p.m. Isle stated the Park Commission will be discussing the Lurton property at the next Park meeting, noting that the Lurtons have requested to be on the agenda and will be in attendance at that meeting. The Park Commission selected 15 lake access points for surveying and marking, with the City Council selecting the top 13 access points they would like to see surveyed this year. PAGEl REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: Zoning District: List of Exhibits A Resolution B Big Island Map #2461 William and Thelma Bryson James A. R. Johnson 650-660-670-680 Big Island Big Island -Recreational Seasonal District C Plat Map/Existing Property Layout D New Property Layout E Draft Drainage and Utility Easement Document F Planning Commission Minutes (March 15, 1999) G City Council Minutes (April 12, 1999) Application Review DATE: March 28, 2002 ITEMNO.: 5 Agenda Section: Zoning The property owners have requested a lot line rearrangement to permit four existing residential lots on Big Island, with a total of 2 cabins, to be combined to create two residential lots. This application was last reviewed by the City Council on June 12, 1999. The application was tabled at that time due to an issue relating to the location of one of the cabins only 1.5' from the new proposed property line. At issue was the State of Minnesota Building Code requirement that buildings with openings (such as windows and doorways) can not be located closer than 3' to a property line. Further, all walls exposed to the property line are also required to be fire resistant. The purpose is to eliminate the potential for fires from spreading from one property to another. The property owners had suggested they enter into an agreement with the City of Orono that they would agree to remove the cabin within 30 months from the approval of the lot line rearrangement. The City chose not to enter into the agreement because of the difficultly the City may have with requiring the cabin to be removed if it were still on the property after the 30 month time period expires. Rather than entering into an agreement the City and applicant had placed the approval on hold until some time after the cabin was removed. The property owners have notified the City that the cabin has recently been removed and they wish to complete the lot line rearrangement. #2461 William and Thelma Bryson and James A. R. Johnson March 28, 2002 Pa e 2 of2 Big Island Lot Designations The proposed subdivision/combination process results in the need to amend Big Island Record Lot numbers as they were designated in Section 10.31 of the Zoning Code in 1984. Per Exhibit C, the Bryson parcel will incorporate Record Lots 66, 59 and½ of 44. The Johnson parcel will include½ of Record Lot 44 plus the 4 parcels that comprise Record Lot 31. Staff will be presenting a comprehensive update of Section 10.31 (the RS District/Big Island) later this year to make all the changes to it since 1984. Staff Recommendation Staff recommends approval of the lot line rearrangement to create two residential lots from the four existing properties subject to the following conditions: 1. Prior to filing the new property descriptions, an inspection of the 660 Big Island property is completed to ensure all existing structures and the stairway is removed. 2. The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. 3. Property owners shall have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior property line and 1 O' on exterior property lines. 4. A title opinion shall be completed and provided to the City of Orono, prior to filing the new property descriptions. 5. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. Planning Commission Recommendation The Planning Commission reviewed the lot line rearrangement on March 15, 1999 and recommended approval by a vote of 5 to 0. The proposed lot layout has not changed from the plan reviewed by the Planning Commission. A copy of March 15 th minutes are attached. COUNCIL ACTION REQUESTED To adopt the attached resolution approving the lot line rearrangement for Johnson/Bryson to create two residential lots from the 4 existing properties. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development ofland within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Bryson and James A. R. Johnson (hereinafter "the subdividers") of properties legally described as: Lots 3, 4, 5, 6, 7 and 8, Pleasent View at Lake Minnetonka (hereinafter "the properties") to be rearranged by transferring of properties new legal descriptions as: Lots 3, 4 and 5 (hereinafter "Parcel A") and Lots 6, 7 and 8 (hereinafter "Parcel B") WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12, 1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the_ City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 WHEREAS, At their regular meeting held on April 8, 2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: 1. The property is located within the RS district. The existing lots are as follows: Existing Address 650 Big Island 660 Big Island 670 Big Island 680 Big Island Legal Description Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. Lot 4, Pleasant View (seasonal dwelling) Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Parcel B 650 Big Island Parcel A 670 Big Island Legal Description Lots 6-7-8, Pleasant View (seasonal dwelling) Lots 3-4-5, Pleasant View (seasonal dwelling) 3. The lots are currently 3 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. 4. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 5. 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6 the property would increase Page 2 of 6 to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100' 10 150'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, a:i:id the number ofresidential units in the area will decrease. 6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and are under common ownership. The cabin is located on Lot Jl. with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements have been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The easements would no longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. 7. 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. 8. A single well locared on Lot 6 would serve both Parcel A and B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangemeIJ.t of the above referenced property by the subdividers as shown on the certificate of survey by P2.ul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 10, 1998, attached Exhibit "A". The approval is subj,-ect to the following conditions: 1. Prior to filing the ::iew property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway iis removed. C\'('~ 2. The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now cc located on the same property as the cabin they serve. 3. Property owners slK:ill have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior property line and 1 O' along exterior property lines. Page 3 of 6 4. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. 5. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 8, 2002 together with a certified original copy of this resolution. 6. The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions 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 subdivider must provide certified copies of all recorded easements currently affecting the property. c) Three Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. d) Drainage and Utility Easements documents for easements 1 O' along exterior property lines and 5' along interior property line. Page 4 of 6 Adopted by the City Council of Orono, Minnesota this 8th day of April, 2002. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 8th day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ____ day of ________ , 200 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 1-'d Ill OQ :D O'I 0 Hi O'I r~-...&.L-- ' -- ""' \ ~ \ ,,,. \ -· -M.ll,i-O.ON ---. --~TOOL ::--·--r-,;g·o~--------=-----~~ I \ '! I . ; -.--::-... \ --8;;7 --·...)( --~.j' ~ ~~..; .. -~~r +-_:·:_ -z_ ~-· Y' ~ $\t .. \ . \~ / ~-~\\ .,,,,..-♦ '"-· r·· . '-.../ \ Lt' '\. 1? ' ,o " i r-> ~,,\, -1.·· .. {';,'; ., ti OJ ~ G~ =·- \ ~ ' -•• 0 ." . ' ·s ~~ j ~ I~ ~ · .. \\ \ ~:~ -\ ,.._,_ .. \h to ~-'.-'\ . -.• \-1 ~ ~ -';-;;I:,;-..... ~- ~-: ••"?.\ •""i('i\ 1~--~-.. \t-S.,~ .. -,.. ':( \ . . \ \ ·-'. -.' ~.: o e · (D ~-· \ ."i\ .. \ I \ \ (11 . ..\ \ I \ \ ~ )> ~ ~\ I I I I >--.,-;::,.., .... , ~,. ~1 ....... \ ~ ~\ c\· ,,.._, I ' , •• -"oc~ .••. \ •-r~,,' I ~ .. :.:~ .. \ ~ ~\ '~ ;0 ,. t\r----...-_ -_ ----\-'-r, 1 J \ 11 e I ' ·. I /;t 100.00 (PLAT) 99.93 (MEAS) 150.03 (MEAS) 1c::n "" /n1 AT\ --- SO.OD (PLAT) SO.JO (MEAS) 50.00 (PLAT) sq.04 (MEAS) 50.00 (PLAT) 50.07 (MEAS) 150.03 (MEAS) 50.00 (PLAT) 49.92 (MEAS) ·---- ~ ~ I-'• c" I-'• rt > N t !1-tTKABEACH HUNTINGTON POINT RECREATION POINT 710-MICHAEL WEINER------ 700 • CHERYL RAMSTAD HV ASS--- 690-ROBERT BRUDER -=t 670/680. WILLIAM BRYSON - 660-BETTY F. PRINCE'-----= 650-JAMESA. R. JOHNSON --- 640 • CLINTON KNUDSON ~ I ~ 630-JEFFREYPERSON-----~ ~.✓-~ I ECHO BAY I~ :.: z .:i :l ~ = ~ Cl..< = = ~Q 0 "'=< "' °'f-°'Z !ii .. t:> 0 = z<== "" ~~g ~ 8 ~~t., Cl) I f I I t 0 00 0 0 M -0 t--\.:l ''"'"" "' ... .; c; Sl "' I ~ ~ < 2:: a "' 0 ;,; MAHPIYATA ISLAND ~ :::i ~ ~ 0 a ~ z ;:; "' :. :. :§ ..J ~ ;,: ,_ 130-MARGARET SCHEFTEL·· .. "' 0 Q z "" C C "' Q 740 • HENNEPJN COUNTYPARKs - DR. ARilIDRALLEN WlLDLIFE REFU'GE ~"> 140-THOMASTAYLOR ~-----150 • WM. LlLJEMARK -----160 • DUANE BEHNING · g,-:;_s:-,....---,--170-JOSEPH BACKES 240/250-FREDABRUNTJEN --..__ 500 -EUGENE A NELSON --, , ~----180-GERALDE. WALSH ~-----190-STEPHEN O'GARA 490-TEDR.HANNA----, ', ' ------200 -JAMES 00!.AND Q z :s la t:> c:i 0 l,l ' ' ~------·· ___ ... a''.'.~'' ' ~ 210-JACKISAAMAN O • MRS. FRED HALES 60 • DA V1D SAAR! 70-FREDW.HALES 80 -ROBERT POSTIIUM!JS .,?-·-~----i9o. WILLIAM FINK ~ --Joo. DAJVn;:L . J10.'IVl'. lCELLocc ~• ,u:cER!JvF.4.JlN.E:s s1'.'°'tt.1.'R01.'.:R11.:S---- 4SO • ,v.: ~t,sot' ---~ i,'t\\oR ~ ~ 4~0 • .,.,.:1 ~'t't _-v' ,_,. ~\..o ~-,,.,,-,;,// u 0 A,o-~o 'fl-~oss~ ~~o~.,,,..,-/ / !; •• ~\., ,co /./ o ~C'(r"" ~ 0 ,;:,<J ~"'-"- A1,o • Go~--i _,,.-.:-~ ~..., f G~~ G....., ,.~ O 11· .,....... ,<.' ,,: ~" '!9-.; ~~ t, ~o ;'l,v ~1111· _,._o ,,,,,,.,, ----Jio · ·.rolf. 'IVS. D£A_/V --.....__ JJo • .,o ........._ 'lfIV,t 3'1o .E:llJ.E:IV ·• .,._ ·ceo ~ o.tt. . 'kce '-"-·•,1-c i:rt: -~, "-,. .>. o~~ "fNso,v ;,;, 0 '-> "0o ')' "l',1- "<P. ~-'<!>~ <!'a .:>, C'lt-C'~ ~<$-~ ~ 4 •IA_ '1""' % ~<!> .,,,, ~ o< ·-1 '-1 );. ~+~ ~ <t '1',,- ,j'~t, "!>~ ~ o,,- ~ BIG.ISLAND LANDOWNERS JULY 1, 1997 KEY: • Significant Buildings 120 Assigned Addn:ss (Listings in Bold arc properties witr. cabins or other significant buildings f oa ' ' ' ' ' ' ' ' ' ' ' ' ' . ' ' ' ' ' . ' . ' ' . ' : ' ' ' ' ' ' . ' . . -t--- 1 ·' . . I I I I ' ' I I ~J-•4~ I . I (2 l \..--lj . I i ~ (t1 \.-14 I : I : '°.( \ f-, '.--\' ~ I I I I I I : - , .•. . .. .. , ......... . . .. . .... ,,,• ......... -..... : (I) C --- N 1' i:.:iu.uu 1.,u-111 _i_/L:1..1.1.LJ 1::iu.uo (1-'LAI) 150.08 (MEAS) . --,, ______ 150.08 (MEAS) ------- ---------.------1-------------------~ 50 \ 50 \ 50 50 \ 50 \ 50 ',,, • \ I . \ ' r~-----, _ \MJNNE''(['QNKA \" I\ DEO< -~ \ ELEV.=928.30 \12-01-98 \ \ \ ~ \ ,,;1.'•~ \ i . -MuLL.tOoON ---. -. ~TOOL :.::-----1 _______ -:::,,.__._,,. . -· . - 51JIMY-' ':,9"0':, ---~----- UNC I --.. -~ .: ,-· () .. -.\ --~f\;-,-· ,,, .f -i::-------.......... I \ ,0 to \ e -:---.:-,, ·------"1-----:::; ---8t,"6t, \_BUM IJNC .;l ,-· "" ~ ,-)(1'\ l"\:C. \ ?S ,-... ·, ~'11)') ,_, tD'{Ait ~ -c,O -~ LEDC( CF ••JtR } ~----~~- .> ~ ,-- \1',\-.1 ~o I_._ , _. --... a>" I I""" ., / 6~--0~ ,.,,,,.,- ~ , ,,,~~ ... .\,/,· "' "-/\ ~~-: .,;i !,l' OJ '\ \~ ,,._ \;3 ~ ~ \ .. \ ', '· _,,": ....... , ~, ·~<t> i • -z_. ~-.I ~~~ ~\ ;3_ \_.,. c.O_ -. 'ff'\~-~ -"'e ~ -· / ..... ~~JI "'~-II ~ ,, "l. \ ~ .:::-\'°S\, '}~-'-6 ;,,~~ -\(" " ,--I -. .. ,--•• V ,-~ ~--~ ---.... i,--- , , o . 1 ·i_ 1 ,_ ,_ .., i ~ { ~ \ \ _. . ..l, --. . . i ~ '--I I \ i ~ )> \'?2> ·. I ~ \ , -· a> ~ , -t,,I -!" I i ..,, , ' 0. ~-ii\· -,., -'A --l::,~/1 i\ · ... ~ ~;. -·-· I d "~2 I ,e1 I /i,J' ~ 0 0 0 -z_ ".'.a -l r-q ~ c.J' --l _ _.,. o" rn j·ii 100.00 (PLAT) 99.93 (MEAS) -,, 50.00 (PLAT) 50.10 (MEAS) 50.00 (PLAT) 50.04 (MEAS) 50.00 (PLAT) 50.07 (MEAS) 50.00 (PLAT) 49.92 (MEAS) ,~ ....... __ .......... _ 150.03 (MEAS) 1 c;ri (1(\ tn, , T\ 150.03 (MEAS) ,--,_, --·, \o [DRAFT] DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this __ day of ______ , 20_, by and between William Bryson and Thelma Bryson, and James A. R. Johnson hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee". WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit "A" which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantor(s) have executed this document the day and year set forth above. GRANTOR(S) Page 1 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this day of ~-----------' 20 __ , by _______________ _ State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 NOTARY PUBLIC Page 2 of 3 Exhibit "A" [To be submitted by Applicant's Surveyor] Page 3 of 3 ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2444 Brian and Susan Schebler, continued) Schebler stated a lot of hardcover has already been removed, with the deck being designed to allow the water to seep into the ground. Schebler indicated he will continue to reduce hardcover on this lot wherever possible. · Schroeder commented that most of what-Schebler has removed has not been counted in the· hardcover figures. · Mrs. Schebler stated they were told they could have a deck on the property. Smith commented that it appears the Planning Commission is recommending that the deck be removed. Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Schebler stated the driveway probably cannot be reduced. Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there is nothing in the code that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff in an effort to reduce hardcover. There were no public comments. Schroeder moved, Smith seconded, to table Application #2444, 1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays 0. (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. -8:22 p.m. Chris Pierson, on behalf of the Applicants, was present. . . Weinbe·rger stated the Applicant is requesting a lot line rearamgement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. The Applicants are proposing to combine Lots 3, 4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinberger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this close to the property line. There are also exists some zoning code requirements which would require variances to be granted to allow a residence to be located this close to a lot line, and a conditional use permit would be necessary to allow a guest cabin. Currently City Code does not allow two principal residences to be located Page 7 F -- ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2461 Chris Pierson, continued) on one lot. The Applicants are proposing to keep the existing cabin, which Staff cannot support, and Staff has stated the cabin on Lot 5_ shall be removed prior to the filing of the subdivision with Hennepin County. The State·Building Code does·n_ot allow buildings to be.locatec1 within three·feet of property boundaries. · Weinberger stated this proposed lot line rearrangement would reduce density on Big Island and the eventual removal of structure and hardcover and returning the area more to its natural appearance. Currently the cabin located on Lots 5 and 6 shares a well located to the south, which would be moved to 650 property should the lot line rearrangement be approved, and also shares a septic system serving the property at 670. Staff is requesting that the septic lines be capped, and the proposal would be one septic site for one residence. Staff is also requesting that the easements and any other agreements relating to the well and septic systems be vacated and eliminated. At the time this was platted, there would not have been drainage and utility easements to vacate over the old property line, but Staff is requesting that there be five feet on each side of the interior property line and ten feet across the rear of the property line for drainage and utility · · easements. Staff Is recommending approval of the lot line rearrangement to create the two tax parcels with Lots 3, 4, and 5 making up one parcel, and Lots 6, 7, and 8 making up the other parcel. Staff is requesting that the cabin located on Lot 5 be removed, along with the deck, stairway, sidewalk, and removal of the shed, prior to the filing of the subdivision with Hennepin County. Staff is also requesting that title opinions be delivered to the City for Lots 3 through 8. Piaraon stated the property was acquired from Betty Fisher who fiad requested at the time of purchase that the cabin remain for a period of time due to sentimental reasons, which was agreed to by Bryson and Johnson. Chair Smith inquired what the use of the cabin will be should it remain on the property. Bryson indicated that they have no intentions on utilizing the cabin and are willing to remove it in two to three years. Johnson stated, if possible, they would like the cabin to remain for the next five years, but if the Planning Commission decided otherwise, they would be willing to remove the cabin. There were no public comments. Lindquist indicated he would be_ agreeable to allowing the cabin to remain on the property for two years. · Smith C9mmented that the only issue with this application appears to be the cabin. Weinberger remarked that City Staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, and if not, a court order for its removal could be issued. Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half Page 8 ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2461 Chris Pierson, continued) years. Lindquist moved, McMillan seconded, recommending approval.of Application #2461, · 650, 660, 670, and 680 Big fslai'fd, subject to removal of the cabin located on Lot 5, ·along . with ·the deck, stairway, steps and shed within the sideyard setback; within Jhe next 30 · months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility, well, and drainage easements shortly after approval by the City Council of the lot line rearrangement, with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 5 will not be used during the next 30 months. VOTE: Ayes 5, Nays 0. Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND-VARIANCE, 8:25 p.m. -8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. Weinberger stated access to the lot is an issue, noting that there are a number of platted right-of- ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. City Staff is also requesting that an existing cabin, which is currently in ruins, be removed prior to construction prior to any building permit being issued. · Lovelace· stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed in that area, and the Applicant has agreed to file a copy of the easement with the City and have it placed it on the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Page9 ORONO PLANNING COMMISSION . MINUTES FOR MARCH 15, 1999 (#2462 David Lovelace, continued) Weinberger stated the previous owner did have dock rights with the neighboring property owner, which was grandfathered in. Schroeder Indicated that access to this lot should be granted b~fore approval of _this ·application is given; · · · · .-.. ,: · · · Lindquist Indicated he would be willing to approve this application subject to access being granted by the City Council. Schroeder suggested that this application be tabled until access is obtained. Lovelace Indicated he will not be obtaining any building permits unless access is obtained. Chair Smith Inquired whether there were any public comments concerning this application. Gerald Walsh, 180 Big Island, commented that there are three public accesses available. Smith remarked that the residents are not allowed to leave their mode-of transportion on the public right-of-way. Rodney Minnich, 340 Old Crystal Bay South, commented that the Applicant could buy an aquatic car. Smith stated the issue is that the residents cannot leave their mode of transportation on public land. · · · McMillan inquired whether there were suitable septic sites available. Lovelace commented that the septic inspector has found three or four sites which will probably be suitable for his use. Lovelace stated a mound system would be required if he builds in excess of 800 square feet. Hawn moved, McMillan seconded, to recommend approval of Application #2462, granting of a lot area variance to create a buildable lot at 220 Big Island, subject to access being obtained and septic issues being resolved. VOTE: Ayes 5, Nays O. (#8) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET, LOT LINE REARRANGEMENT, 8:38 p.m. -9:10 p.m. Robert Erickson, Applicant, along with Mike Cronin.were .present. Weinberger stated the Planning Commission reviewed the sketch plan for the proposed lot line rearrangement at their November, 1998 meeting. The Applicant has revised the plans slightly. Currently Lot 9, the 364 property, is a narrow parcel consisting of .65 acres, and the property located at 372 Westlake Street consists of 2.01 acres, which makes it a conforming lot. 372 Westlake Street has a residence currently situated on it, which Is being occupied at the present time, along with two guest cabins. The lot was assessed for only one sewer unit although it does contain the three separate dwelling units. The property currently Is not hooked up to sanitary sewer, and the owners have indicated that they will hookup to sanitary sewer upon approval of their application. · · Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 (#5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road -Continued Flint said he is in favor of approving the application because the garage addition is behind the 75' setback, it is a small lot and not having a garage would be a hardship. VOT~: Ay~s 4~ Nays 0. (#6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650,660, 670 and 680 Big Island-Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. -The Planning Commission had made a recommendation to allow the cabin to remain for a period of30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from the requirements of the State Code. He said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south_ 1-1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long-time friend of the family. In the course of buying the property, the former owner asked that the cabin not be torn down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1-1/2 feet to accommodate the State code requirement. · Pierson.said he would have to discuss it with his clients. They would like the application approved now and they wouldn't file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients are willing to entednto an agreement with the City that the cabin will be removed in 30 months. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 (#6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson -Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long-term pian is to rem~ve the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour asked if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson said he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kelley moved, Flint seconded, a motion to table Application #2461, 650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page7 CITY OF ORONO ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application number _2_: _'-_J_{p_J ____ Zoning Classification -'----R_· _s_· ---- Lot ReQuirements {o go lsi,~ 1~ l C!vv~ --;t,-+ 3 ft>1D /l,j ls/4~•AC)f.-;if l/ Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Required .b aw,LJ - ~ C/8) ·-I Yi,/7'1 ;2 & ) E~/sfs. Structural Coverage (only applies to lots under 2 acres) Total Lot Size Total Structural Coverage /8/79,/J /77&,Z Hard Cover Calculations Distance from Shoreline 0'-75' 75'-250' 250'-500' 500'-1000' Notes: Total Area in Setback 7372 Existing Allowed Hardcover Hardcover -· ( 3,0) 32'-/i] 27.0 :2.. .. 11, rs' Percentage °!~ 7 % Proposed Hardcover Street Yard // {p I .. Variance Requested . -.. - () --7 c;: / I O) -7 twt,,Ul.J.-, I~ 2 , 1 clt,c:_ k (/ C\;~) 3 &4, i clt-& O~) I lP ;lo . s--rf l/0& t¼,~ L/r, ,~ sLcl w s (p ~k (~ {~ -t~lVLj I 5 !J-. ·7 ¢ (o(oO B;j \s \~~c\ ~--\-s s '\}-(o CITY OF ORONO ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application number :) L} LP } Lot ReQuirements Zoning Classification __ f(_j_· ·_. ___ _ Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Required ~ ~1-1,.h 17q ~) I I 2 1 3 7' /,'-/1, Structural Coverage (only applies to lots under 2 acres) Total Lot Size Total Structural Coverage / 7 o/(fl2, -~ Hard Cover Calculations Distance Total Area Existing from in Setback Hardcover Shoreline 0'-75' 133l?> I'/, 7% ) 0 CJJ. o/ 75'-250' I 05 71p -·3?., g. c/ --· 3.~10 250'-500' g 500'-1000' ~ Notes: i/7{o,l Allowed Hardcover Percentage -~~~ Proposed Hardcover Street Yard /()01 __ (_p I ~ i, Variance Requested --.. - H ouluL CJ 07. s /5 '-/, 2.. o ltd 33, '7 _, '"'"'",-,,_, ___ .-/ OC/s, 'I¢ ~+-.!::ci!..LI __ ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application number __ 2_1.J._(p_f ___ _ Zoning Classification __ !(_·_·$ ___ _ Lot Requirements Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required ,... ·-~)/ ;_,:1 ,5k I/ 1071" /0/ Structural Coverage (only applies to lots under 2 acres) Total Lot Size Total Structural Coverage /?err '-I :J..LJS?:,,r; Hard Cover Calculations Distance from Shoreline 0'-75' 75'-250' 250'-500' 500'-1000' Notes: Total Area in Setback /tJ G? 3 Existing Allowed Hardcover Hardcover 1 l./ ~8.. f/ ( /7 . .fi\ "'J_. ;). 4 5 , 7 (.2-1.0) •.;. I 2. 11 1 '-IS I_ Percentage /;)_' 15 °lo Proposed Hardcover Variance Requested . -.. - )o f S 3 --L} -5 ( pvopo~ J CITY OF ORONO ~._/-) ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application number_?-_. _L_/ _(p_/ ___ _ Zoning Classification ----~--_s ___ _ Lot ReQuirements Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required Proposed '27oJ..1 I '-Io/' ;2 to J {pO I l!G 1 · Structural Coverage (only applies to lots under 2 acres) Total Lot Size Total Structural Coverage ;)7D2°f .ziryJ,(p Hard Cover Calculations Distance from Shoreline 0'-75' 75'-250' 250'-500' 500'-1000' Notes: Total Area in Setback \Lp11-3.7-- Existing Hardcover Allowed Hardcover Percentage ./Q,(i; °lo Proposed Hardcover Variance Requested . -.. - s+ )'"LAC+ lAY'€_ <1i~ 7 \~ \ \ D 1 d, 907,5 ,c-• q ;77&-"J- ,,,_ ; o cr5-i ,· i,,'31/,0 j)s ~-7-3 ( p,opov-J CITY OF ORONO 1--o +) ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application number _2_t/_· _(p_/ ___ _ Zoning Classification __ Jf----=S"'------ Lot ReQuirements Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Required Proposed ~i\ilo / 5 I) Structural Coverage (only applies to lots under 2 acres) Total Lot Size Total Structural Coverage 28120 .-zs3J.S-- Hard Cover Calculations Distance from Shoreline 0'-75' 75'-250' 250'-500' 500'-1000' Notes: Total Area in Setback j?..2.'-/J Existing Hardcover ~2..7.:, /5'05-5 Allowed Hardcover Percentage Proposed Hardcover Street Yard Variance Requested . -.. - CITY of ORONO Mr. Thomas Barrett Hinshaw & Culbertson 222 South Ninth Street Suite 3100 Minneapolis, MN 55402 June 30, 1999 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: JOHNSON AND BRYSON LOT LINE REARRANGEMENT BIG ISLAND Dear Tom: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I have recently had a conversation with Jim Fallon, State Building Code Division, about State Code requirements regarding location of structures along property lines . The proposed subdivision by Johnson and Bryson would leave a seasonal cabin closer than 3' to a property line, which violates the State Building Code requirement of 3'. The State Code requires one-hour fire walls and no openings (windows/doors) within 3' of a property line. I have included Table 5A from the Building Code. Mr. Fallon stated the concern is liability to the City should the Council approve the subdivision. Chris Pierson has stated the property owners would be willing to accept liability and remove the building within 30 months. It seems to me the City of Orono could not grant a variance in this case because it is a State Building Code issue and not a City Code issue. The question is "Can the City of Orono permit a violation of the Building Code" without accepting any liability? Mr. Fallon has stated it has happened elsewhere but advises covenants be in place to protect the best interest of the property owners and the municipality. Please feel free to contact me on this matter. Jim Fallon can be contacted at (651) 282-2356. Sincerely, P✓-~ Zoning Administrator/Planner Telephone (612) 249-4600 • Fax (612) 249-4616 FROM HINSHAW & CULBERTSON (TUE) 6. 29' 99 9: 06iBT. 9: 04., NO. 3760036973 P 2 JOHN M. PIERSON CHRISTOPHER J. PIERSON Mr. Thomas J. Barrett Hinshaw & Culbc1t:mn 222 South Ninth Street Suite 3100 Mimieapolis, MN 55402 Re: City of Orono PIERSON & PIERSON PROFES-'llONAL UMITED LIABILITY PAR.TNERS!lll' ATTORNEYS AT LAW 1055 EAST WAYZATA BOULEVARD $UITE20:l WAYZ/ffA, MINNESQT1\ ~5391 June 23, 1999 Johnson & Bryson Big Island Lot Linc Rearrangement ......... _.., ___ &+--.... ,. ... -. ........... ...,,.. ",,. ,_..,. TELEPHONE (612) 473-1400 FACSIMILE (IS 12) 47.1-0969 Lots 3,4,5,6;7 iind 8, PLEASANT VIEW AT LAKE ~UNNETONKA (Big Island) Dear Mr. Barren: On June 10, 1999 I call~ and advised you that Mr. Woinberg_er at the City of Orono agreed that I should talk to you abQut tl1e abov~-r.eforenced matter, Recall that when I had called him earlier that day he had informed me he.hnd quite so1ne time ago received a response from the Stnte office to whom he was inquiring. You said you were not aware of that. He said the matter had fallen through the cracks in connection with M:,. Van Zom6rcn leaving. l then relayed to you that: according to Mr. Weinberger the St.ate had no objection to our request saying it was up to the municipality; I took that as encouraging, but :tvlr. Weinberger had said it was doubtful the City would approve it because of "the liability issue"; I had r~rninded him that for all intent,;; and purposes tbe City would have no liability exposure because nothing would have changed on the property, -0nly on a map, and w~ had a!Natly submitt~d draft documents indemnifying the City in the event of such a Lo:,s. You indicated you would talk with Mr. Weinberger and get back to me. Please let me know what you have learned. We w(llild obviously appreciate a prompt ~rnd common sense resolution. l look forward to hearlng from you soon. enc. cc: William & l'belma Bryson James A. R. Johnson JOHN M . PIERSON CHRISTOPHER J. PIERSON Mr. Paul Weinberger City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, MN 55323 PIERSON & P IERSON PROF ESS IO NAL LI MITED LI ABILI TY PA RTNERS HI P ATTORNEYS AT LAW 1055 EAST WAYZATA BOUL EVARD SUITE 203 WAYZATA , MINN ESOTA 55391 April 9, 1999 APR 1 ? 1999 C\TYO O ONO Re: Johnson & Bryson Big Island L ot L inc R earrangement TELEPHONE (612) 473 -1400 FACSIMILE (612) 473-0969 Lots 3,4,5 ,6 ,7 and 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) Dear Mr. Weinberger: I have enclosed a draft of an Agreement Regarding Removal Of Cabin for review by you and the City Attorney. I believe it covers the issues raised at the Planning Commission hearing on March 15. If you have any questions, please do not hesitate to call. I will plan to see you at the City Council meeting on Monday. enc. cc: William & Thelma Bryson James A. R. Johnson AGREEMENT REGARDING REMOVAL OF CABIN This Agreement Regarding Removal Of Cabin ("this Agreement") is made on April _; 1999 by and between William E . Bryson, II and Thelma L. Bryson, husband and wife ("Brysons"), and James A. R. Johnson ("Johnson"), and the City Of Orono ("City"), referred to from time to time hereinafter collectively as "the Parties" and singularly as "Party". WHEREAS, Brysons are owners of that certain real property located on Big Island, Lake Minnetonka in Hennepin County, Minnesota and legally described as: Lots 3 and 4, Pleasant View, Lake Minnetonka, ("the Bryson Property"); and WHEREAS, Johnson is the owner of that certain real property located on Big Island, Lake Minnetonka in Hennepin County, Minnesota and legally described as: Lots 7 and 8, Pleasant View, Lake Minnetonka, ("the Johnson Property"); and WHEREAS, as of the date hereof Brysons and Johnson are owners, as tenants in common, of that certain real property located between the Bryson Property and the Johnson Property on Big Island, Lake Minnetonka in Hennepin County, Minnesota and legally described as: Lots 5 and 6, Pleasant View, Lake Minnetonka, ("the Property"); and WHEREAS, there is located on the Property a cabin of approximately 1100 square feet ("the Cabin") which Brysons and Johnsons are willing to demolish and remove at some point in the future; and WHEREAS, Brysons and Johnson seek permission and approval from City to divide the Property such that the northern approximately one half of the Property would be combined with the Bryson Property which is adjacent to the north, and the southern approximately one half of the Property would be combined with the Johnson Property which is adjacent to the south; and WHEREAS, City is willing to approve such division of the Property on certain terms and conditions set forth below; NOW, WHEREFORE, in consideration of City's conditional approval of the division of the Property as set forth in the minutes of the meeting of the City Council of City on April 12, 1999, and in consideration of the above premises and the covenants set forth below, and for other good and valuable consideration, the Parties hereby agree as follows: 1. On or before the date which is thirty (30) months from the date hereof, Brysons and Johnson at their sole cost and expense shall demolish the Cabin and dispose of the debris in accordance with all applicable laws. 2. The Parties acknowledge and agree that if Brysons or Johnson or both of them breach paragraph 1 above, then City shall suffer immediate and irreparable harm entitling City to: a. Equitable relief including but not limited to an order for specific performance. In such case, City shall be entitled to recover and shall recover from Brysons and Johnson, jointly and severally, any and all costs of obtaining such equitable relief, including reasonable attorneys' fees and costs; or b. Enter upon the Property and demolish and remove the cabin. In such case Brysons and Johnson shall (i) promptly pay to City the costs of such demolition and removal, and (ii) indemnify, hold harmless and defend City for any and all damage or injury or claims therefor arising out of or in any way resulting from such demolition or removal, except for any damage or injury or claims therefor resulting from the negligence or willful misconduct of City or its agents. Any costs or fees awarded City by any court pursuant to subparagraph 2(a), or any costs incurred by City pursuant to subparagraph 2(b) shall be immediately assessable against the Bryson Property and the Johnson Property. 3. The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, successors and assigns. 4. This Agreement shall be governed by the laws of the State of Minnesota. 2 IN WITNESS WHEREOF, the Parties have hereunto set their hands as of the date first above written. William E. Bryson, II Thelma L. Bryson STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) James A. R. Johnson CITY OF ORONO By: ---------- Its: ---------- The foregoing instrument was acknowledged before me this __ day of ___ , 1999 by William E. Bryson, II and Thelma L. Bryson, husband and wife, and James A. R. Johnson. STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this __ day of ___ , 1999 by William E. Bryson, II and Thelma L. Bryson, husband and wife, and James A. R. Johnson. This Instrument Drafted By: ChristopherJ Pierson (#195170) Pierson & Pierson, P LLP 1055 East Wayzata Boulevard, Suite 203 Wayzata, MN 55391 (612) 473-1400 Notary Public 3 PIERSON&PIERSON i'ROFESSIONAL LIMI1'W LIA61Ll1'Y PAP,TN~:~~141? ATIORN!;YS AT LAW 1055 EAST WAYZATA BOUL~VARD SUIT!;, 203 WAYZATA, MlNNESOTA 55391 JOHN M PlERSON CHRISTOPHER J, t'IERSON DAT.It! April 9, 1999 TBLEPHONE(612) 4711-1400 FACSIMILE (612) 473-0969 I 00 'd CLIENT: Johnson/Bry!lon TOTAL PAGES (including cover sheet); 5 NAME: :tvfr. Paul Weinberger COMPANY: City of Orono TELEPHONE NO,; 473-7357 FROM: Christop\ler J. Pierson PLEASE DELIVER TO: ORIGINAL DOCUMENT TO FOLLOW: lx] Via Regular M4!il l] Vi.1 Ove.rnight Mail COMMENTS OR SHORT MESSAGE: FA.X NO,: 473~0510 [ 1 Will Not Follow TF YOU HA VE PROBLEMS READING OR ARE MlSSING ANY OF THE FOLLOWING PAGES PLEASE CONTACT OUR OFFlCE AT 612-473-1400. I CONFT.DENTIALITY NOTJCE: The docwnents accompanyi1g this fox contain confidential information which is legally privileged. The information is intended onlylfor the use of the recipient named above. If you are not the intended recipient, any disclosure, copying, distribution or taking any acti_o~ in reliance on th~ con~ents oft~is. telecopied i.nforrm,tio_n exce~t its /~irect delivery to t.h 0 e intended Tee1r,1ent named above is i;:tnctly proh1b1ted. 1fyou have received th.I$ faxi 111 error, please notify us immediately by telephone to arrange for return of all copies of the docurnbnts to us. Thank you. 6960 £LP ?19 V1 NOSH3ldlNOSH31d Z1: I l ( !Hd) 66 ,60-HdV :PIERSON & PIERSON P!W~~SSIONAL UMITED LIABIU1'V PARTNERStiW ATTOI\J'lr.\'S AT LAW l 055 EAST WAYZA:fA 13OULEVARl) SIJITE 203 WAYZATA, Ml'NN£SOT/\ 553')1 JOHN M. PJERSON CHRISTOPHER J. PIERSON TELEPHONE (612) 47~-1400 FACSIMILE (612) 473-0969 ~nn 'd ~ .. April 9, 1999 Mr. Paul Weinberger City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, MN 55323 Re: Johnson & Bryson Big Island Lot Line Rearrangement Lots 3,4,5,6,7 and 8, PLEASANT VIEW AT LAKE M~NNETONKA (Big Island) Dear Mr. Weinberger; I have enclosed a draft of an Agreement Regarding Rerooval Of Cabin for review by you and the City Attorney. I believe it covers the issues raised at the Planning Commission hearing on March 15. If you have any questions, please do not hesitate to c;.all. I will plan to see you at the City Council meeting on Moqday. enc. cc: William & Thelma Bryson Jrunes A. R. Johnson 6960 £LP ?!9 V1 NOS~3ld~NOS~3ld £{:{{ (l~d)66,60-~dV £00 'd AGREEMENT REGARDING REMOVAL OF CABIN This Agreement Regarding Removal of1Cabin ("this Agreement") is a.de on April _, 1999 by and bet\.veen William E. Bryjson, II and Thelma L. Bryson, husband and wifo ("Brysons'1), and James A. R. Johnson ("Johnson"), and the City Of trono ("City"), referred to from time to time herei:naft r collectively as "the Parties" and singularly as "Party". j WHEREAS, Brysons are owners of that certain real property located o Big Island, Lake J\-11.nnetonka in Heni1epin County, innesota and legally described as: Lot$ 3 and 4, Pleasant View, Lake Mi ("the Bryson Property11 ); and WHEREAS, Johnson is the owner of th' t certain real property located , n Big Island, Lake Minnetonka in Hennepin County, innesota and legally describe I as: Lots 7 and 8, Pleasant View, Lake Mi . . ("the Johnson Property 11 ); and \VHEREAS, as of the date hereof Brys ns and Johnson are owners, as ·enants in common, of that certain real property located b tween the Bryson Property and the Johnson Property on Big Island, Lake Minnetonka in Hennepin County, Minn~sota and legally described as: Lots 5 and 6, Pleasant View, Lake Mi 1etonk~ ("the Property 11 ); and WHEREAS, there is located on the Pr perty a cabin of approximately 1100 square feet (''the Cabin") which Brysons and ohnsons are willing to dern.olis and remove at some point in the future; and ' 6960 £LP ?!9 v'1 NOS~3 [ d"~NOS~3 [ d £I: l l ( rnd) 66 ,60-~dY POO 'd WHEREAS, Brysons and Johnson seek Jennlssion and approval from rity to divide the Property such that the northern approtmately one half of the Prope would be combined with the Bryson Property which is rdjacent to the north, and the S(i)uthern approximately one half of the Property would be combined with the Johnson P I perty which is adjacent to the south; and WHEREAS, City is willing to approves 1ch division of the Property o tem1s and conditions set forth below; NOW, WHEREFORE, in consideration f City's conditional approval fthe di:Vision oft~e Property as s~t forth.in th~ n1inurs of the meet~g of the City C I uncil of Clty on Apnl 12, 1999, and m cons1derat1on of1he above premises and the covfnants set forth below, and for other good and valuable consideration, the Parties hereby igree as follows: l j/ 1. On or before the date which is tl 'rty (30) months from the dat,eilereot: Brysons and Johnson at 111<dr sole cost and expe~1:;,e shall demolish the Cabin cl dispose of the debris in accordance ,:vi.th all applicable laws. 2. The Parties acknowledge and ag ee that if Brysons or Johnson both of them breach paragraph 1 above, then City shall suffer immediate and irreparab e harm entitling City to; a. Equitable relief including but no limited to an order for specifi • performance. In such case, Citythall be entitled to recover anJ shall recover from Brysons and Johns n, jointly and severally, any d all costs of obtaininti; such equitable relie , including reasonable attorne s 1 fees and costs; o:r: l b. Enter upon the Property and den olish and remove the cabin. I such case Brysons and Johnson shall (i) p~omptly pay to City the costs o such demolition and removal, and (ii,1 indemnify, hold harmless and efend City for any and all damage or injury or claims therefor arising out of or in any way resulting from such ctef 101ition o:r removal, except for ny damage or injury or claims therefor resulting from the neglige e or willful misconduct of City or itJ agents. Any costs or foes awarded City by any court p j suant to snbparagraph 2(a), o any costs incurred by City pursuant to subparagraph 2(b shall be immediately assessab e against the Bryson Property and the Johnson Property. 3 . The provisions of this Agreeme t shall be binding upon~ and sfuall inure to the benefit of, the Parties and their respective ieirs, successors and assigns. 4. This Agreen1ent shall be gover ed by the laws of the State of h1~1esota. 2 6960 £LP ?!9 V1 NOS~3ld~NOS~3ld p{:{{ (rnd)66 ,60-~dV SOO 'd IN WITNESS WHEREO ., the Parties h ve hereunto set their hands as of the date first above 'Written. William E. Bryson, II Thelma L. Bryson STATE OF MINNESOTA ) )s COUNTY OF HENNEPIN ) James A. R. Johnson CITY OF ORONO By: --------+-- Its: -------~-- The foregoing instrument was a knowledged before rne this __ day of _ ___,__,, 1999 by Willim:n E. Bryson, II and Tl ehna L. Bryso1 , husband and wife, and James A. R. Johnson. STATE OF MINNESOTA COUNTY OF HENNEPIN N otruy Public The foregoing instrument was a Jmowledged efore me this_ day of_-'---' 1999 by William E. Bry$on, 11 and T . elma L. Bryso , husband and wife, and Jame ·1 A. R. Johnson. This Instrument Drafted By: Christopher J. Pierson (#195170) Pic:-rson & Pierson, PL[P 1055 East FVayzata Eoulevard, Suite 203 Wliyzat(,'1, 1'v1N 55391 (612) 473-1400 6960 £LP ?19 Notary Public 3 V1 NOS~3ld1NOS~3ld vI:11 (rnd)66,60-~dV CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION April 8, 1999 Chris Pierson Pierson and Pierson 1055 East Wayzata Blvd. Suite 203 Wayzata, MN 55391 Re: Application #2461 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323·0066 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application date is, February 9, 1999. The 60 day review period expires on April 10, 1999. The City Council will not take action on this application on your application until April 12, 1999. The City is extending your application an additional 60 days to allow time for City Council review. The new expiration date is June 7, 1999. The earliest potential date that the City Council could take action on this application is April 12, 1999. Please do not hesitate to contact me should you have questions. Sincerely, <vJJ Paul Weinberger Assistant Zoning Administrator cc: Fred Sherman Telephone (612) 473-7357 • FAX 473-0510 ,., . c~ sto:t<G Application Date: 2/9/99 r,· y ~ M wr5 w Completion Date: 2/9/99 60 Day Deadline (E'xtended To): 6/7/99 -/ [:no& REQUEST FOR COUNCIL ACTION 1 oJo ~ DATE: 4/9/99 Lf)) ITEM NO.: 0 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Title Assistant Zoning Administrator Item Description: #2461 Chris Pierson on behalf of Bryson/Johnson 650-660-670-680 Big Island Zoning District: Lot Area: Lot Line Rearrangement--Public Hearing RS 55,215 Seasonal Recreational (5 Acre) square feet (1.26 acre) Zoning Application: The applicant has proposed a lot line rearrangement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently 3 separate seasonal residences on four tax parcels that are to be combined into 2 parcels. 3 existing cabins are located on the lots. As a result of the subdivision 1 cabin would be removed leaving 1 cabin on each of the 2 remaining tax parcels. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application subject to the following conditions: 1. Remove the cabin on Lots 5 and 6 within 30 months of Council approval. 2. The applicants agree not to use the cabin during the 30 month time period. 3. All agreements for shared septic systems and wells be eliminated, as they will no longer be necessary. STAFF RECOMMENDATION Staff is recommending approval of the lot line rearrangement to create two parcels (Lots 3-4-5, Pleasant View and Lots 6-7-8, Pleasant View) subject to the following conditions: 1. The existing cabin at 660 Big Island be removed along with the deck and stairway to include sidewalks and removal of the shed within the side yard setback of 30 feet. This being completed prior to the filing of the subdivision of a lot line rearrangement with Hennepin County. 2. All existing easements for septic and well use across other properties be vacated. 3. Drainage and utility easements granted to the City 5' along interior property lines and 1 O' along the rear property lines. 4. A Title Opinion shall be completed, and a copy provided to the City, prior to filing the subdivision. COUNCIL ACTION REQUESTED To direct Staff to draft a resolution for adoption by the City Council. TO: Mayor Jabbour and Orono Council Members Chair Smith and Orono Planning Commission Members FROM: Lyle Oman, Building Official DATE: April 9, 1999 SUBJECT: Building Code Requirements In regards to the proposed lot line rearrangement at 650,660, 670 and 680 Big Island, the building code requires that buildings within 3 1 of property lines have certain fire protection features. This would include a firewall with an extension that raises above the roof at the exterior wall. State statutes requires adoption and enforcement of the building code in the City of Orono without changes. The building code has provisions to accept equivalent materials or methods but does not have provisions for variances. If you have any questions, please feel free to contact me. ch TO: Mayor Jabbour and Orono Council Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: April 9, 1999 SUBJECT: #2461 Chris Pierson on behalf of Bryson/Johnson 650-660-670-680 Big Island Lot Line Rearrangement--Public Hearing Zoning District: Lot Area: RS 55,215 Seasonal Recreational ( 5 Acre) square feet ( 1.26 acre) Application: The applicant has proposed a lot line rearrangement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently 3 separate seasonal residences on four tax parcels that are to be combined into 2 parcels. Existing Address 650 Big Island 660 Big Island 670 Big Island 680 Big Island Proposed Address 650 Big Island 670 Big Island #2461 Christopher J Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Pagel Legal Description Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (seasonal dwelling) * dwelling to be removed prior to filing subdivision Lot 4, Pleasant View (seasonal dwelling) Lot 3, Pleasant View Legal Description Lots 6-7-8, Pleasant View (seasonal dwelling) Lots 3-4-5, Pleasant View (seasonal dwelling) ANALYSIS 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6 the property would increase to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100' to 150'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrease. Lot Area and Yards RS Lot Area Lot Width Side Yard Rear Yard Lakeside Yard 5 acre Existing 19,074 s.f. 101' 12.11' 45' 63' Proposed 28,186 s.f. 151' 60' 45' 63' The cabin does encroach into the 75' lakeshore setback. The lot would have an adequate building site outside of the 75' setback should a new cabin ever be constructed on the lot. The lot combination would place the septic tank and well on the same tax parcel. Currently, they are located on the adjacent lot. Structural Coverage Total Lot Size Total Structural Coverage 19,074 s.f. 2,453.5 s.f. 28,186 s.f. 2,533.5 s.f. The lot would not exceed the allowed lot coverage of 15%. #2461 ChristopherJ. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17199 Page 2 Percentage 12.8% 8.9% Hardcover Location Distance from Total Area Existing Hardcover Allowed Hardcover Shoreline in Setback Lots 7-8 0-75' 8,381 s.f. 1,468.4 s.f. none (17.5%) (0%) Lots 7-8 75-250' 10,693 s.f. 2,245.7 s.f. 2,673.25 s.f. (21.0%) (25%) Lots 6-7-8 0-75' 12,241 s.f. 1,505.5 s.f. none (12.3%) (0%) Lots 6-7-8 75-250' 15,945 s.f. 2,326.4 s.f. 3,986.25 s.f. (14.6%) (25%) The existing hardcover in the 0-75' lakeshore setback is mostly a deck located on the lakeshore. The deck does encroach over the property line to Lot 6. The lot combination would place the entire deck on the same property. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and are under common ownership. The cabin is located on Lot 4 with a shed and deck/patio areas. A portion of an existing deck located at the shore of Lake Minnetonka does encroach over the lot line to Lot 3 (680 Big Island). Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements have been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. These easements would be vacated when Lots 5 and 6 are split. The cabin on Lot 5 will be removed prior to the filing of the subdivision. At that time the septic lines will be capped and only the single cabin will have access. A lot line rearrangement will place the entire septic system on one tax parcel, eliminating the need for easements and maintenance agreements. Lot Area and Yards RS Lot Area Lot Width Side Yard Rear Yard Lakeside Yard 5 acre Existing 18,179 s.f. 98' 11.95' 116' 26' Proposed 27,029 s.f. 149' 60' 116' 26' The setbacks shown above assumes the removal of the cabin and shed on Lot 5. Which are both located in the side yard setback. The Code does not allow two dwellings on one lot under 5 acres in the RS Zoning District. #2461 Christopher J. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Page3 Structural Coverage Total Lot Size Total Structural Coverage Percentage 18,179 s.f. 1776.2 s.f. 9.7% 27,029 s.f. 2,871.6 s.f. 10.6% 1776.2 s.f. assumes removal of cabin 6.5% The lot would not exceed the allowed lot coverage of 15%. Hardcover Location Distance from Total Area Existing Hardcover Allowed Hardcover Shoreline in Setback Lots 3-4 0-75' 7,372 s.f. 1,819.4 s.f. none (24.6%) (0%) Lots 3-4 75-250' 10,808 s.f. 324.3 s.f. 2,702 s.f. (3.0%) (25%) Lots 3-4-5 0-75' 10,905.8 s.f. 2,875.2 s.f. none (26.4%) (0%) Lots 3-4-5 75-250' 16,123.2 s.f. 632 s.f. 4,030.8 s.f. (3.9%) (25%) The hardcover in the 0-75' setback is due largely to the cabin that will remain on the property. Nearly the entire cabin is located within the 75' setback. #2461 Christopher J. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Page4 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. The cabin is the primary issue of concern to Staff. Section 10.31, Subdivision 3 (BJ states the following regarding a private guest cabin on a lot: A conditional use permit may be issued for one or more private guest cabins provided the applicant demonstrates and the Council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property, will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: 1. Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling, including their domestic employees, caretakers or non-paying guests. Private guest cabins shall not be rented or leased for compensation. 2. The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. 3. The guest cabin( s) and the seasonal or principal dwelling shall all be connected to on-site sewage treatment system(s) in conformance with the requirements of Subdivision 12 of this Section. (Subdivision 12 states within the RS Zoning District all dwellings shall be connected to an on-site sewage treatment system to City Standards) 4. The guest cabin( s) and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. 5. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. 6. Not more than one private guest cabin constructed without indoor plumbing, toilets or kitchen facilities, and used only for additional sleeping quarters, shall be permitted on any property as an accessory use without requiring a conditional use permit, provided the accessory cabin does not exceed 600 square feet in floor area and provided all accessory building performance standards are met. Use of more than one accessory building for additional sleeping quarters, or use of an accessory building in excess of 600 square feet in floor area, shall require issuance of a conditional use permit. #2461 Christopher J. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Page 5 Fire Code Issues The City does not allow structures to be located this close to a property line without meeting strict fire code standards. It is recommended by Staff the cabin on Lot 5 be removed prior to the City filing the Subdivision with Hennepin County. Both the cabin and shed are located well within the required 30' side yard setback. City Building Official, Lyle Oman has included a memo to explain the requirements for structures on property lines. Because the requirements are from the State Building Code, Cities do not have the right to grant variances from these standards. Therefore, in order for this subdivision to be approved the lot line must be moved to allow proper building setbacks or the cabin on Lot 5 shall be removed from the property prior to filing the subdivision. The Planning Commission recommendation was to approve the subdivision of a lot line rearrangement, allow the cabin to remain for 30 months after Council approval and to disconnect services to the building. Setbacks as determined in the RS Zoning District for internal and rear property lines: Lot width 200 feet or greater --50 feet 100 feet, but less than 200 --30 feet less than 100 feet --10 feet Items for discussion 1. Section 10.31, Subdivision 6 (C) (1) states lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. The rearrangement will place two cabins on one lot. The Code does not allow more than one cabin on a lot without granting variances and a conditional use permit. 3. The 670 Big Island property shares a septic system with the adjacent cabin that would be removed. All easements and agreements would be vacated at that time. 4. The well and septic for the 650 Big Island property are located on another property that would be combined with 650. The entire septic and well would now be on one lot. 5. The cabin on Lot 5 would be located approximately 1.5 feet from the lot line. Staff is recommending removal of the cabin. The applicant has stated his intent is to remove the cabin. 6. Any drainage and utility easements that are located along the interior lot lines should be vacated. The City would require drainage and utility easements 5' along interior lot lines and 1 O' along the rear lot lines. #2461 Christopher J. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Page 6 STAFF RECOMMENDATION • Staff is recommending approval of the lot line rearrangement to create two parcels (Lots 3-4- 5, Pleasant View and Lots 6-7-8, Pleasant View) subject to the following conditions: 1. The existing cabin at 660 Big Island be removed along with the deck and stairway to include sidewalks and removal of the shed within the side yard setback of 30 feet. This being completed prior to the filing of the subdivision of a lot line rearrangement with Hennepin County. 2. All existing easements for septic and well use across other properties be vacated. 3. Drainage and utility easements granted to the City 5' along interior property lines and 1 O' along the rear property lines. 4. A Title Opinion shall be completed, and a copy provided to the City, prior to filing the subdivision. Attachments A Application B Plat Map C Big Island Map D Survey E Site Plan F Site Topography G Septic System Easement and Maintenance Agreement for 660 and 670 Big Island H Lot 3-8 Ownership I Property Owners List J Permit Record -660 Big Island K Permit Record -670 Big Island L Hardcover Worksheets #2461 Christopher J. Pierson 650-660-670-680 Big Island Lot Line Rearrangement 3/17/99 Page 7 A Application # c:? ~ 0 / Date Received feb Cf tqq9 Amount Paid~ 350~ CITY OF ORONO -SUBDIVISION APPLICATION PROPERTY LOCATION Site address 650, 660, 6 70 and 680 Big Is land Property Identification Number (PID) ---'(_s_e_e_a_t_t_a_c_h_e_d__,)'------------ Please check one -Property _X_. abstract or __ torrens? Attach legal description to application . APPLICANT Name Christopher J. Pierson Pierson & Pierson. PLLP Address 1055 East Wayzata Boulevard, Ste 20J>hone (home) ___ _ City Wayzata, MN Zip 55391Phone (work) 473-1400 OWNER (if different than applicant) Name ( see attached) Address ___________________ Phone (home) ___ _ City Zip __ Phone (work) ___ _ (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use ( check) Present Zoning District PROPOSAL 4 X Division for Tax Purposes Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no . of units 3 seasonal Other (specify) ___ _ X Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites 3 Existing Units 0 New Units ---- 2 Total Units ---- n ~ t:~::~:~:~-~~ ... Proposed Gross Density Minimum Lot Size Proposed Use ( check) ____ Units per __ Acres ____ Sq . Ft. Dry Buildable Land Residential ---- ----Other (specify) ___ _ 9 ,/,,/ ///' // --- l c:?~-/_/ 7 .. o{-3 _,..,- ' / !/ !/' 1 . B ( 2) :·· ... ·. ·. · LOT 4 ( I) : ·· .. .. ... : :'•, '•,,' LOT 4 IJ{l'!lt!J!Jl!L ·~ ~MIJ@ @. YOJ r!f l!J/ji/J}fjfl /l!J r IL @ r~ @ 'll/J ~flt '!l J@(}(J 22 'ff@!fl(}(J~/J!J l I? ff ff 1' !!J JJ /l!J~ LO. ( 1 SN IDER'S SUBD IVI SION OF LOT N t MTKABEACH HUNTINGTON POINT RECREATION POINT 710-MICHAEL WEINER------ 700-CHERYLRAMSTADHVASS-- 690-ROBERTBRUDER ~ 670/680 -WILLIAM BRYSO1' 660 -BETTY F. PRINCE • 650-JAMESA. R.JOHNSON---. 640 -CLINTON KNUDSON 630 -JEFFREY PERSON ECHO BAY I ~ :,: z "' .:, g :;; ..J .. < Ee :,:c 0:: -< :zJ ~c:: ,_ .. c., "'zo:: ~ ~~ :::: ~ CJ ... 0 C>O ... -0 -.;,'-''-=' = = 0 0:: z 0 Q z ~ 8 0 0 .... "' "'"' ·?o '),. "'<"' MAHPIYATA ISLAND \ . .,,4 !, q~ I • "ft' c.e-0. 0 :::i < ~ g ~ 't-0,i, rj ~ ci 5 ::2 Q ";1 ~ z :; "' :;; :;; ~ ..J ~ ;,: ... 0:: 0 Q z .,,. c., c., "' Q 100 -BIG ISLA/'ffi VETERANS CAMP I • 130 -MARGARET SCHEFTEL·- 740 • HENNEPIN COUNTY PARKs - DR. ARTHUR All.EN WILDLIFE REFUGE l'"''-----140-:rHoMASTAYLOR s:..,..;:..§>-----150-WM. LILJEMARK 24012 50 -FRED A BRUNTJEN --, 500 -EUGENE A NELSON --, , -----160-DUANE BEHNING · n-,.,.,JI~,---,.,--170-JOSEPH BACKES g---oa -----180-GERALDE. WALsH ey,-,._J'=o-----190-STEPHEN O'GARA 490•TEDRHANNA-----, ', ' ------200-JAMES OGLANO Q z :§ :2 c., = 0 ~ . ' ~---........................ a'=--:'' ~ 210-JACKISAAMAN 230 -MRS. FRED HALES 260 -DAVID SAARI 270 -FRED W. HALES 460. BlG 1sLAl'ID PROPERTIES R yROyER°t\t-S-,-- 450 • -.,iES°t .,_ \Cf,t,SO~ yE"tE-r\\OR ---'f:(;/j/j 4l0" . :tt,...,,....... ~. ~\.o~ ~ A-;o-~o r:,s~..¢0· ,,,----;II u U .• ~~s,.~o ,,,.~o~ ,foC~ o'e,0' £ A'l-o· ~.,.~ ,;:;~ / c ~c,O . f;.~ ~"<, "- ~<;i·c,~ LC,~ ~~ ~ .I. ~~-,,_~-5 ~o~ ~~ {:J .1,<:i<:l' . 0~ ."<' "'°'<;). I\_-280-ROBERTPOSTHUMtJS ...a,..._""'•----290. WILLIAM FINK ~ ~Joo -DANIE . J10.~y Lia:Ltocc ~ A..E:c.e~F JUlN.E:s -------320 . "1-~-·JolilVs.l) . £A.IV -.......... 3Jo•JoliIV -.......... 3~ A. £11)1,:IV ./> O.C,e -~~ o~ . .o~cer, . ~'"'"' "o . ~-1Ns. "'-.l->o :-t;,._o o.v "' ~ .le;, ·;,. ~)-~ c.>o -~ ~<> '9o 'c vG.' ~ -~~~~-1<~ ..,.,,., ~ ~~ "'-1-c '1-: o< ·-, .., ~~ J;,_+~ ~ <, '1',i, u',&> "' . ~ -s-o,i, ~ ~ • . BIG.ISLAND LANDOWNERS JULY 1, 1997 KEY: • Signific:mtBuildings 120 Assigned Add«s> (Listings in Bold arc properties\'-": cabins or other signific:1nt buildin f 0 0 "' 0 "' .. --· 0 "' 0 "' z ~ 1\ OJ I -~ \ 0 ·\ I \.,.. IO> I , '"' '"' I \ .. I ,g .. t, I \ I I \ I \ I .,. . I .,-,, . _ , '. 1· . .. ,. I .. ,, '. ,, ,, . _, pO..-.R poct _ , ..... r I I ' 'i.... .., ~·, ., " ,, I ,, ,t , .... I I I \.0 ~ _J _g + 0 o......_ C!o 0 . U') 0 l/) ,......._ ..---. l/l I-<{ <( w 0: :::;;: _..__.. O,q- C! 0 0 . U') 0 l/) ,......_ ..---. (/) I-<( ·:SW a. :::E _..__,.. ' ' . ' ,......._ l/l . <{ w :::;;: ----n o · c:i . l/) . I I I U)~ <( < w_ :::l: C ......... ~ nc oc ·c ~lf ~ ~ -, 0 ~ /. 0 -..9 · ...s l 0 \f) -9 ) 50 l;JU.UO \Mt.A:'.:l) 50 \---50 ---1-==---50 - 150.08 (MEAS) 50 50 --------"1-- -, r5£,1.,,W.AU.---, OEO< \ ~ \ \ i.,_~6 \ -Mul L,tOoON ---. --£TOOL :.::-----1-------~ . -· . -su•=-' sg·os ---~----- UN£ \ ~-' --·, --~\°\,;--- ~-;.-:. ,f i\ \ ',,, \ \ ·.MINNETONKA ELEV.=928.30 \12-01-98 7=----~ I Lmct: rs .. ,,,. I . \ \ ., to, \ ---------~ -:-~ ... \. . ~----;:,;:(; ---at·6y \_BLUFF LINE: ~ 55·gv ,-- "" ' 1\ t-)1'1'\ f"\::S:\~ , ... ... ·u ~~tP ..... , ..,.s,;;,'i. ~i'T'l..c,C> .!. ~i !,p \ r \ ,-- --\ ~.~ ~-) .o\ 0 ---, \ g I -_.. O'l I : ,{""I ~-~~ // '"' . / \ ~"-./\ \ : tJl '"' \~ '· \t-,.) \,. \ ", __ ., ... // ~-:. ... \~ ....,. ~\ -~ "' t <v I ;,. : -z.. ';;-...1 ;s~~ ..,,, 0 -·i t--J ... \ ..;> cO_ ~ • 'I""'"~ ~"'~ -/ i,.-... ----, '•161.''0. ~ ... -6\"r;\ .t.-,_ \~ .. ---\.(" . . ,· \ ~-' \ ,_, -----~,--- z. ➔ ~ '3 -z.. "'.u -.I r- O'lo ~ tJ' --l_ .;,. 0: {""I (.~ p . ', i ·, \ l 2 \ ' _.. .-·, --, .i .,. '. o>o \ _.. / / I .,,.,, ?,i ~·- "' , --,,. \ I -~ \~ • I ~\ . :;;O'l -... Cr 'i r -'h, '-::,: "' '''t-~ s'&, ... \ r\ / o\~ .,_ '--.,. -p ~-u -----~.c-rfi J I. i 1!{ ,-' '_, ---, . _, n-, 100.00 (PLAT) 50.00 (PLAT) 50 .00 (PLAT) 50.00 (PLAT) 50.00 (PLAT) <,_ __ \ 'o 99.93 (MEAS) ___ , 50 .10 (MEAS) 50 .04 (MEAS) :; 50 .07 (MEAS) :; 49.92 (MEAS) _ _j' ~ 150.03 (MEAS) \ --150.03 (MEAS) -' 1 ~n nri /n1 ,., T\ + <D'1o/fo80 ~ (p le, 0 . ~ ~ ~ 'It 'It foS o F ;.> ~ 00 0 00 a a X a30 ... 29,8 ~ . . -~ • 936,7 X ( 0 .x Q 929,7 Q Q Q a ··---- . .. ·~ . ,-·~ SEPTIC SYSTEM CONSTRUCTION, EASEMENT AND MAINTENANCE AGREEMENT G / THIS AGREEMENT, made as of this '2.1 sr day of l\U..f:::tU.S.\, 1995, by and between Elizabeth Foster Prince, a widow not remarried (hereinafter called "Prince") and William E. Bryson II and Thelma L. Bryson, husband and wife (hereinafter called the "Brysons"). WITNESSETH: WHEREAS, Prince is the owner of certain property located on Big Island, Lake Minnetonka, Hennepin County, Minnesota, legally described as Lots 5 and 6, Pleasant View, Lake Minnetpnka (hereinafter called the ·"Prince Parcel); and WHEREAS, The Brysons are owners of certain adjacent property legally described as Lots 3 and 4, Pleasant View, Lake Minnetonka (hereinafter called the "Bryson Parcel); and WHEREAS, the City of Orono is requiring the installation of an approved septic system to serve each property; and the par.ties hereto understand that the city of Orono wili approve and authorize the construction and maintenance of a single septic system to serve the Prince Parcel and the Bryson Parcel; and r -•· .. WHEREAS, the parties hereto desire to enter into an agreement with respect to the construction, installation and maintenance of a single septic system to serve both the Prince Parcel and the Bryson Parcel; NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. The parties agree to construct and install a septic system to serve both the Prince Parcel and the Bryson Parcel, the drainfield of which septic system will be located on the Bryson~ Parcel and connect by supply line to a pumping chamber and tanks located on the Prince Parcel and further connecting by pipe lines to the respective dwellings on the Prince Parcel and the Bryson Parcel, all as shown on the design drawing attached hereto as Exhibit 1. 2. The parties shall mutually agree upon a licensed septic contractor to construct and install such septic system, and shall share equally in the cost thereof, and all associated costs, including septic permit_ and attorney fees in connection with this agreement. 3. The parties agree 'to cooperate fully with the septic contractor, and to allow said septic contractor access to and across their respective properties in connection with said septic system construction and installation. 2 • I 4. The parties agree to share equally in the cost of all maintenance and repairs to such septic system, subsequent to its construction and installation. If either party incurs costs in the maintenance and repair of such septic system, said party shall notify the other party thereof in writing, and the other party shall pay its one-half share of such costs within thirty (30) days of such written notice. 5. Each of the parties hereto hereby grants·to the other party a nonexclusive easement for the use, maintenance and repair of the septic system, including drainfield, supply lines, pumping chamber and tanks, and connecting pipe lines to the parties' respective property dwellings, all as shown on Exhibit 1. Such easement shall include a right of access across the Prince Parcel and the Bryson Parcel as is reasonably necessary to install, use, maintain and repair said septic system. 6. Subsequent to the construction and installation of such septic system, the parties agree to attach hereto as Exhibit 2 a copy of an "as built" survey of such septic system, which Exhibit 2 shall thereupon replace Exhibit 1 for purposes of defining the easement and maintenance agreements incorporated in this Agreement. The parties hereto agree to share equally in the costs of said "as built" survey. 3 ·.• ... 7. The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their respective heirs, representatives, successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) /7 The fore~ instrument as acknowledged before me this -t-b,, day of + , 1995 y Elizabeth Foster Prince, a --,--- widow not rema ied. STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me ~P 1 day of A~1A..:sr: , 1995, by William E. Bryson II and L. Bryson, husband and wif/J · this Thelma _lJ=-<=-~--'--_.;..;;:~k....__Y_._.~~~~-l,-,..JI~..;..-=.--· -- Notary Public 4 -;· ... This instrument drafted by: William K. Wangensteen Attorney at Law 900 E. · Wayzata Blvd. Wayzata, MN 55391 5 ' ................... _ -. 9 I . I ' ~.~ () ITT . ~ . . ,) \\. ............ _., ...... . () ::r (l) () 7i' n, Y1 ;z:i;, !1 ~ t.. i .-.... ·--........ ·--------,--.. ---··-··-··-·---·---·---·-------.. -------·· 1 + Q "' ~ ---------- I I ----__ ____:_, .,, .) µ. •. • I ul_ _ _:IL_ I I Legal Description Lot 3, Pleasant View, Lake Minnetonka Lot 4, Pleasant View, Lake Minnetonka Lots 5 and 6, Pleasant View, Lake Minnetonka Lots 7 and 8, Pleasant View, Lake Minnetonka PLEASANT VIEW AT LAKE MINNETONKA (Lots 3-8) Property Address PID 680 Big Island 22-117-23 24 0004 670 Big Island 22-117-23 24 0005 660 Big Island 22-117-23 31 0026 650 Big Island 22-117-23 31 0027 Current Owners William E. Bryson, II Thelma L. Bryson William E. Bryson, II Thelma L. Bryson William E . Bryson, II Thelma L.Bryson James A. R. Johnson James A . R . Johnson # ,~:A: _.f.0 ] ~ i-~ ,, '·.•I ·•::., ;;f:or,f,''J ,/":· .. }~ .. ,,!:._ _,,.~ ,,--.:i',.,,·:y,•:-i;;;i ~ h~,••,r;:~~~ ... ~, Mailing Address and Phone of Current Owners 11650 Timberline Road Minnetonka, MN 55305 (H) 544-4161 (W) 544-7200 (William) 11650 Timberline Road Minnetonka, MN 55305 (H) 544-4161 (W) 544-7200 (William) See above and below. 420 4th Street NE Watertown, SD 57201 ,tf""\) 0 ~~ . r1!l ...... "' I II RUN DATE 01/08/99 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR ' PROP ADDR · OWNER NAME TAXPAYER NAME/ADDR 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 0001 00720 BIG ISLAND TRIStIN O ERICKSON ET AL TRISTIN O_ERICKSON 4567 80TH ST W MPLS MN 55437 38 ,22-117-23 24 ,0006 00038 ADDRESS UNASSI~NED RECREATION POINT LLC . RECREATION POINT LLC 3721 KACHINA DRE PHOENIX AZ 85044 38 22-117-23 24 0010 00690 BIG ISLAND R & B BRUDER ROBERTO BRUDER 2500 87 1/2 ST W BLOOMINGTON MN 55431 38 22-117-23 31 0010 00630 BIG ISLAND DOUGLAS EPERSON ET AL W/L E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 22-.117-23 31 0026 00660 BIG ISLAND WILLIAM E BRYSON II ET AL WE BRYSON II & TL BRYSON . JAR JOHNSON 11650 TIMBERLINE RD MINNETONKA MN 55305 38 22-117-23 31 0029 00570 BIG tSLAND JODIE R VARGAS ET AL SELDEN THOMPSON ROBB JR PO BOX 293 -SPRING PARK HN _55384 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM .PROPERTY OWNERS LIST 38 22-117-23 24 0004 · 00680 BIG ISLAND W BRYSON & T BRYSON WILLIAM & THELMA BRYSON ·11650 TI~BERLINE RD MINNETONKA MN 55305 38 22-117-23 24 0008 00700 B~G ISLAND -RECREATION POINT ·LLC RECREATION POINT LLC 3721 KACHINA DR E . PHOENIX AZ 85044 38 _ 22-117-23 31 0002 00560 BIG ISLAND DON HENDERSON ET AL DON HENDERSON 5018 NORMANDALE CT MPLS MN '55436 38 _22-111-23 31 ooi1 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 0027 00650 BIG ISLAND J A R JOHNSON & H L .. JOHNSON JAMES ·A R JOHNSON 420 4TH ST NE ff406 WATERTOWN SD . 57201-2638 38 22-117-23 31 0030 00640 BIG ISLAND CLINTON KNUDSON CLINTON KNUDSON 1823 FRANKLIN AVES E MPLS MN 55414 REPORT NO. P~435401 38 22-117-23 24 0005 00670 BIG ISLAND WE BRYSON & TL BRYSON WILLIAM & THELMA 'BRYSON , 11650 TIMBERLINE RD MINNETONKA MN 55305 38 22-117-23 24 0009 00710 BIG ISLAND .MICHAEL J WEINER MICHAEL J WEINER 320 WEST ILLINOIS ff411 CHICAGO IL 60610 I 38 22-117-23 31 · 0009 · 00630 BIG ISLAND PAGE 7 · DOUGLAS EPERSON ET AL W/L E JEFFREY A PERSON . 17345 9TH AVE N PLYMOUTH MN 55447 38 22-117-23 31 0020 00590 BIG' ISLAND JUNE H ~IEGER TRUSTEE JUNE H FIEGER . 14601 -ATRIUM WAY ff324 MINNETONKA HN 55345 38 .22-117-23 31 0028 00650 BIG ISLAND JAR JOHNSON & H L JOHNSON JAMES AR JOHNSON 420 4TH ST NE ff406 · WATERTOWN 'SD . '57201-2638 38 22-117-23 31 0031 00580 BIG ISLAND · JUNE M FIEGER TRUSTEE JUNE M FIEGER 14601 ATRIUM WAY ff324 . MINNETONKA MN 55345 -~ e, A-,,,· ..... •. if?-'..U(ti~ \~ r . L,), • • ,.,,•:'" ·"·',):t..--0 : ... -.. ~~;.:.:<>. . H masr:tiii'.~ · . ''~,. "ti '"~ .. . .,,~ C, .. , .. 's\ )_, . ~ {.'-;. \t i>' :~{,Ji ~\.E -..N ..... ,~ ~.1 !;-~ ~1~==--•li -~ "' II RUN DATE 01/08/99 BATCH 503 PROP ADDR OWNER NAHE 'TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE 38 ·22-117-23 31 0032 00620 BIG ISLAND WA & SN HILL WEBSTER A & SHELLEY N HILL 4081 DEERWOOD TR EAGAN HN 55122 TAXPAYER TOTAL BATCH 503 00021 NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 31 0033 00610 BIG ISLAND KENNETH K ·PLUNKETT KENNETH K PLUNKETT C/0 LONGFELLOW WHSE CORP 1860 28TH STE NPLS'NN 55407 REPORT NO. PI435401 PAGE 8 38 22-117-23 31 0034 . 00600 BIG ISLAND GEORGE L & DONNA L ADAMS GEORGE L & DONNA L ADAMS 9581 VIRGINIA AVE BLOOMINGTON HN 55438 I CERTIFY THAT 1HE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS' DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND .. BELIEF~ ~ DATE / // · BY . /?j ' (/ ~ . . f;;_i ._J::~---/ _. 'I " i\ . i ~. •\ /I \~~~~:.t ·_,: /:;{/ :J n ~;~\;csf :tJ "'"·t;·\i:~ f" ... , .. ~ [ .:.'"'!.'~:-', ""lr . ··t,,.{' .. :,,/ :~1cJ}~ -· u~ ADDREss G&o B5 Lh.td., J" PERMIT RECORD Permit No: Type of Permit PERMIT RECORD Permit No: Date J ~ dl:{~f~~ Tvoe of Permit ~~~/ ... ~~) /331 d-.O°IS ,. . HARDCOVE~-ATION \VORKSHEET SETBACK ZONE: (Cm.CLE ONE) 0-75' 75-250' 250-500' EXISTING HARDCOVER IN ZONE l-,oy:;. 3 '7 '-I so0-1000· L A. House ______ x ______ ... B. Ga.rag~_ C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ Or Fabric;: .. G. Other . <;.~1~s · Length X X X X· -x X X X X X X X X X . ; .:.;. ·: ~·. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A te>l~.L/ + B PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage c. Driveway D. Sidewalk ·B. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length . .. X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ +B Width 7 ~7 "2-. ·· x·l00 Width - - "" ,.. .... a -----.. a -= = -· .. - = .,. - a a:r .. ---- ·. -... - -.. t I o -z_ • 7 S.F. ® ______ S.F. __,.. _____ S.F. ______ S.F. . , ______ .. S.F. ______ : .S.F. ______ S.F. __ S-__ li_· B.___S.F. ~ ______ s.F. qs.B --~--~_7 __ ,_ S.F. (£) _ _,,1,...,C .... a .... ':f_· _'-l.__ S.F. 01) ,sz. °' ® _______ .S.F. ______ S.F. ______ S.Jf. 3o. °! ZO· L{ ®' s.FCD ------ I e I 't · J./ S.F. A 7, 3 7-z__ S.F: B , .;ztl, t,, % ______ 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.F. % 1 A B HARDCOVERCALCULA~ORKSHEET SETBACK ZONE: {CmCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE A. House ______ x _____ • __ L/,_O_,..:;;.tp __ S.F.@ B. Garage __ C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ OrFabri9 .. 0. Other Length X· ·X X X X X 'X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width = -. .,, ---------= - ______ S.F. __,.. ______ S.F.· -':t C\ • S" S.F. (!) : ! ______ .. S.F. ______ : .S.F. ______ ·S.F. __.t_O,_,__. ---z.. _____ S.F. ® _z ... 2......,·~-----S.F.<S) CoS"".l,e S.F. © t -z. 5. S::: S.F. ® _______ .S.F. ______ S.F. ______ S.Jf'. ______ S.F. A 2, "Zt/. 3 + B / 0 -eo 'o .. x·l00 -· .. 324. 3 S.F. A / o, 808, o S.F; B 3.0% ERQPQSED HARDCOVER IN ZONE A. House _______ x B. Garage c. Driveway D. Sidewalk ·B. Patio/Deck F. Landscape Underlain By Plastic Or Fabric O. Other Length ... X X X X X. X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width ... - - = --------- ·. --- -.. _____ xl00 • .<'Tot -e~i~~~ S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. S~F. S.F. S.F. S.F. S.F. A S.F. B % -,-,, I ' \' ' I ,, ~- ' I ~- \ \\ .\, ... --- ....... ,· ,, I •· " .. ,, ~o~R ~()'..E. ,, ttoi?f(2_: __ _ .,-,, \ I\ I ,, Designed Scale None Drown Project No. DWS 11170 Date Sheet No. 12/10/98 1 ---""', ' --~ --I-(./) <( <C -l w e:.~ ..__, 0 9N 00"> l() • __ .O) ~ ;• .. ...-- ,,,......._ .::-(./) <( <C -1W o.~ '--'...___,. 0 r---9o 0 • l() 0 L() HARDCOVER '', \ ' \ ' \ ' I \ I I I ..--.._.._ (./) I- <C <C W.J ~ 0... ...___,.....__. 1"')0 oO cid I.{) I.{) ......... CALCULATION SHEET LOTS 3 & 4 HARDCOVE~CULATION \YORKSHEET SETBACK ZONE: ccmCL'E ONE) 75 75-250' 250-500' EXISTING HARDCOVER IN ZONE /-.errs ~ 'f <&:> 500-1000' A. House ______ x ______ • Length Width X -~"'"tMJu•Jc,.. X -w"ILL-X -.. .. .. -. .... . -~ .. B. Garage __ X· : - C. Driveway. -x -X - D. Sidewalk X - X - E. Patio/Deck X - X - F. Landscape X -Underlain X - ByPlasti* X -Or Fabric .. '\0,.5" S.F. (£) ______ S.F. ; 3c, . D S.F.-@ ______ S.F. : r -------.-·. S.F. _____ ..;_:· .S.F. · ______ S.F. 3::,.,. q S.F. 0 ______ s.F. -z.;!>., S.F.@) '?> '1. \ S.F. 6) &0,7 .S.F. © ______ S.F. ______ S.'.f. 0. Other . X • ______ S.F. TOTALHARDCOVERINZONE TOTAL PROPERTY AREA IN ZONE · A . 1 o °t '2... Cf +_ B 7 ,·;;. 9 f, .. x·l00 •· · · · fflQPQSEI! HARDCQVEB IN ZQME A. House X Length X X X B. Garage X c. Driveway X X D. Sidewalk X X ·E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric 0. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width ... -.. - - ... --------- •, -.. - -.. I o c, ;L j S.F. A "1,38(q.o S.F.: B J 'f.8 % ______ 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. HARDCOVERCALCULN..~O~~ORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 5-250' :250-500' EXISTING HARDCOVER IN ZONE 500-1000' ~~e ------X ------= __ 1s_--~-·=L--~~ B. Garage .. ·· C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain ByPlasti* OrFabri~ .. G. Other . Length X X X X· -x X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :; f?> 0 • t..f + B ERQPOS'ED HABI2CQVEB IN ZONE A. House X Length X X X B. Garage X C. Driveway X X D. Sidewalk X X ·E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ~A IN ZONE A _____ + B Width . - ... ... .... ... ... ... -... ... - ... -= - -· .. - = "" "" - ---- . = -- .... __ "?. ___ ~...._.7 __ S.F. © ______ s.F. ______ S.F. . : ______ .. S.F. ______ :.s.F • ______ S.F • __ J .... o ____ ,_<f __ s.F.@ ______ S.F . -----~---"2.:>_, \ __ S.F. (0 _ ___,BD ___ .---, __ s.F. (@) _______ .S.F. ______ S.F. ______ S.]f. _ _..._I __ !:.-_• __ B __ S-.F. Q) 3 88.c../ S.F. A 10,s,(e.o S.F: B .3. (p o/o S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. s:F. S.F. S.F. S.F. S.F. A S.F. B 1 % .. ,. -~ I C.O I 00 I ~\ . I I -I> I OJ l c.O l <.O I I I 1 l I I 1-----_,J~'...,':,....75_-. ,, --· ' ' .. .,. , ' ' \ \ ' ,, Designed Drown DWS Dote 12/10/98 Scale None Project No. 11170 Sheet No. ,· ., ., ······ .... • 1 I ' , 0-tj-~o 0 . \() 0 L() HARDCOVER I I / - (0 0 d 0 ""1 w b 0 b 0 0 0 z -- CALCULATION SHEET LOTS 5 & 6 HARDCOVER~CULATION \VORKSHEET SETBACK ZONE: (CffiCLE ONE) ~ 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House _____ x _____ -= B. Garage__ .. C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ OrFabri9 .. G. Other S'iWI fZ.-$· Length X X X X· -x X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Wldth - SI • SI ----- SI ---- - ___ -z...._1 """(:>_. __ D __ S.F. ('.!) ______ S.F. __,. _____ S.F.· ______ S.F. : .. S.F. -------,- ______ :.s.F. ______ s.F. _..._\ __ o_, ....... __ ~ __ S.F. © ______ S.F. _.l...,.o ... "2-___,.6._._o __ S.F. ~ __ :z.~kc..:-• .:::;S-__ S.F. @ _______ .S.F. ______ S.F. ______ S.Jf. _e==e ___ .-=(&. _____ s.i:.G) 1!-1Co9.'{ S.F. A S 3 e I. o S.F; B A (YlPB,L/ + B B'3el ·· x·l00 • · · 11, ~ ¾ PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length ... X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width - - - = -... --.. ---- · ... -- -.. _____ xl00 -= ______ S.P. ______ S.F. ______ S.F. ______ S.F • ______ S.F. ______ S.F. ______ S.F • ______ -s.F. ______ S.F. ______ S.F. ______ S.F. ______ S~F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. A ______ S.F. B % ------ tFQ l,'f •~ &() 1 HARDCOVER CALCULATION \VORKSHEET L-o'i s-7 ~ e 500-1000' SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE A. House ______ x ______ = B. Garage.. ·: c. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti* OrFabri~ ,. G. Other . ';ff)'t1"12-.$ Length X· ·X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 2-?-':iS::·7 + B :fRQPOSEll HARQCOVEB IN ZONE A. House X " Length X X X B. Garage X c. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER. IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ +B Width Width ... - - ... ... . = ... -... ------... .. --.. ----.. ---.. - ·. - - -.. _____ xlOO ,.. -~'1 r:J /•' 1 ,f~:>,,.:;,"' :· :{ .. ;:i;-j . ~~~ -z.. I I 5" . S S.F. (1) __ _.7_,y __ . l.___ S.F. (§); ~-----S.F.· ______ S.F • .' .- ------,,-· S.F. _________ :.s.F. ______ S.F • ____ IL/ ___ . 4 __ S.F.6) ______ S.F. __ . 1 ..... B...._• ~ __ s.F. © ______ S.F. ______ .S.F. ______ S.F. ______ S.Jf. ___ Z:;;;...o::.3 -'--' 4 ____ S.F. ® 2 Z.Y 5., S.F. A I O 1 (.pq 3. O S.F; B ;u,o % S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. S~F. S.F. S.F. S.F. S.F. A S.F. :s % lJt/ ?:) .'. :i_ ._..:-:-::r.:~~\ :.1.:.•. • .. , \'o~J i·•"' .......... •·· . \~ ~ I It f. I ~ I I .J ... ,,n l-1>- I~ 1-1>-. ,co I 0£CK I ® z .1 I I do\~ ( 4>,. 0 I I _: :.._. I i ~u) -~ :E I I.. ~ I I CJ! IP '"' I I CJ! I r--i I ;.., I "'5 1 I iil \1 -- I\ s.s., \ -~ \ '"'" ,:;. \'° \ \ Designed Drown DWS Dote ,, \ \ _, .,. I' \ \ I ' _, .{~.J _..,_,.,, Scale None Project No. 11170 Sheet No. 12/10/98 ., HARDCOVER I I 1-')0 oo oci I.{) I.() ..-..- I I / I / I \ I,/ CALCULATION SHEET LOTS 7 & 8 • -~ ., HARDCOVER CALCULATION.WORKSHEET . SETBACK ZONE: (CmCLE ONE) @E) EXISTING HARDCOVER lli ZPNE A. House X Length X X X .. • ;:.:.. : -· .. - B. ... .. SHe:P X· C. -1?,Gi"i"I ,..., LN~ ·X vJ p. \..1.-X D. Sidewalk X X E. Patio/Deck X 'X F. Land.scape X Underlain .x ByPlasti* X OrFabrl~ .. o. s-t4iias X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 7.. 87'::. -z... + J>ROPQS'ED HARDCOVER TN ZONE A. House _______ x B. Garage C. Driveway D. Sidewalk ·E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric O. Other Length X X X X X X X X X- X X X X X B . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B 75-250' 250-500' 500-1000' -____ , _, _o_-z. ____ . J....___S.F. @ Width -__ 9..._o,__J ..... , .... 2"'---S.F. el) ; -__,. _____ S.F.· . -______ S.F. .. : , -------.--·. S.F. -?;O·, 0 _:_S.F.@ -______ S.F. -'l,:,, ,q S.F. (9 -S] · B S.F. (9 -- - 2-3,7 S.F., qS:,'2 S.F. 1, ~i.o4. C\ l S"2• '\ .S.F. 10 -S.F. -s~. CPD, l ~ -:,0.9 S.F. ~ 2.0. 'i -z.e,15,2 S.F. A ro sos.e S.F.-B 1020~~-x·lOO -· .. '2..:(c,, ':I o/o -S.F. Width -S.F. -S.F. -S.F. -S.F. -S.F. ·. -S.F. ---s.F. -S.F. -S.F. --S.F. ·. -s:F. -S.F. -S.F. -.. S.F. ________ S.F. A S.F. B ------_____ xlOO • •, .tJ..AKUCUY ~R <.:ALCULA'~U~.tl..1£~·1· . SETBACK ZONE: (cm.CLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A. House _____ x · ____ _ B. S't\GP. C. Driveway . D. Sidewalk E. Patio/De1:k F. Landscape Underlain ByPlasti~ OrFab* ,. Length X X X .. -·:.:.:. ·:_. X· . .. ; . -x X X X. X X X -X X x, Width .. - ... -.. ------- --- - !./0, C.0 S.F. @) I S:Y. -z.. S.F. CD ; __,.. _____ s.F.-______ s.F. .. , ~~:~ ,·· S.F. ~ ______ .-.S.F. ______ S.F. __ 1_~~-~1-z.. ____ S.F.@) z?, . '\ S.F., iO,C\ __ ,.._3_. _\ __ S.F. <.P ___ C .... a-S: ... , .. fa...__ S.F. I "2-5", S-______ .S.F. ______ S.F. ______ s~. ___ , __ s_. e ____ s.F.6) TOTAL HARDCOVER IN ZONE <, "?> 2 · O S.F. A TOTAL PROPERTY AREA IN ZONE · liq I Z ti, '2-S.F.-B A (e ~ 'Z. • o + B II 9 i z 3 . '2-,. x· 100 .. · · · · R . 9 % :eE,OPQSEI2 H6Rl2CQYEB IN zo~ A. House X Length X X X B. Garage X c. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER. IN ZONE TOTAL PROPERTY AR.EA IN ZONE A _____ + B - Width --- --- --- --- ·, ... -- -.. ______ S.F. S.F. ------______ S.F. ______ S.F. ______ S.F. ______ s.F. ______ S.F. ______ -s.F. ______ S.F. ______ S.F. ______ S.F. s;F. ------______ S.F. ______ S.F. ______ S.F. ______ S.F. A ______ S.F. B 1 . . . .,. ,, ,, -- .-•·--; I ,- ' .. ! .,. ' ' , -I •· ----- ,......._,--.., I-c.n <C <( ....Jw ~~ ....._, 0 ~N 001 l!1 . 01 -q- ----- --\ ' \ ' \ \ I I I I I '\69_6J ,,----····-\ _ .. ------· \\4A1 ,.......,_ ,.-............, c.n I--c.n <( <( .,-,- ' I -, 1 ' Designed Drown DWS ,, I' _, ,. 'I _, ·-♦ @ , . .. -, .d~I ·,"_,.,_,_:~_._.,_ }; ..;:_ =-:;::,,~ Scale None .-: uc...= Project No. 11170 Dote Sheet No. 12/10/98 ,:", ., I . I ~. I / ,,.-·"'_..,. l . 1 !n<!l!'~ I-<( -<w o:~ .................. Or--~o 0 . l!1 0 l{) --- ,,......._ ,--.(/) I-<( <w er ~ .___,...__... o"<t" C!o 0 . LO 0 l{) Oo ~ ..... 0 . 1,()0 I.{) ..,. ... ., ........ w _j ~a.. '-''--' 1"'")0 oO cici I.{) l{) ..-..... I I / \ I I w 0 0 0 n w t 0 p 0 f) 0 z HARDCOVER CALCULATION SHEET -. HARDCOVER CALCULATION.\VORKSHEET -SETBACK ZONE: (cm.CLE ONE) ~ 75-250' 250-500' EXTSTING HARDCOVER IN ZONE A. House 500-1000' B. Ca.rage __ . c. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain ByPlasti~ Or Fabric ,. X X X X •. -• !.:.:. :_. X· . . ·X X X X. X X X -X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · Width ... --. - ---------- - A \-S'"o S. S: +_ B 1-z.2,y I ·· x·l00 •· fBQ?Qs:tI2 HABDCQYEB :lli ZONE A. House X -Length Width X - X - X - B. Garage X - C. Driveway X - X - D. Sidewalk X -- X - E. Patio/Deck X - X --- F. Landscape X ·. - Underlain X -By Plastic X -Or Fabric 0. Other X -.. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B ~"-;_•' .::·:_. ~i ( '> .1./ '/ j/ ,j 14 _z___.;.1...;;B~•...;;o"--_ S.F. (D ______ s.F. __,. _____ S.F.• __ .;...._ ___ S.F. ------,.-· S.F. : .S.F • S.F. I D7. i3 S.F.® S.F. JQCe$, I "2.(p . $" S.F.~ S.F. , .S.F. S.F. S.:f. s·.F. G) J5os. 5" S.F. A S.F.-B I '2. :a o/o S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. S~F. S.F. S.F. S.F. S.F. A S.F. B % HARDCOVER CALCULATION.WORKSHEET SETBACK ZONE: (CIRCLE ONE} 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A. House _____ x _____ • B. S'r\E~··· . ____ _ C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ Or Fabric X X X .:·_ .• i.:.:. : __ X· . . -x X X x. X X X .x X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · Width --.. - .. - -· -------- - __,;"2-;;...l:..;.I =5 ..... ....:S::: __ S.F. (D ______ S.F. __,. _____ s.F.- __ .;,.._ ___ s.F. : f IL-\. \ .. S.F. ('.L) ______ : .S.F. ______ S.F. __ , 4 .......... 'l __ s.F. 6) ______ S.F. ___ ,_s __ . _3 ___ S.F. ffi _ __.8...,Q........,,J.__ __ S.F. @ ______ .S.F. ______ S.F. ______ So;. __ z. __ ~_._'-\ ____ s·.F. @) 2. ~ '2-<o, L{ S.F. A ------' S' :ft{ S . o S.F .-B A . 2 ;,Z (p. i:( + B I 5"</L/ S", O· x·l00 -...• ~.c..o % PROPOS"ED HARDCOVER IN ZONE A. House ______ x B. Garage c. Driveway D. Sidcwallc ·E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric a.Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - Width ----- •. - ... ------ ·. --- -.. A ------+ B ~~-~,.... x 100 • ~ .. ~'1 ~,. ~-m ~'+ 0 ~~ ,., ~·f•I JY. · •';> /· i.':·l i/s;,,~1·1\;r, ,{{,;.~ ,~ ~ ;;.:,:!•.,:.<:•t...:1 . ...,_.,....,.,_....:t) _t\ al.~• .~ ______ 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. ------ 1 I ( I i . . .. ---~ ... ----- I I I I I I . I \ 9" 1'£ ,-. ' _, • I ,~ 1 o ·,o"t. \ ~-n o~ .--·· - \ . ___ ,. .. , .. ,·,.5.89 \ \ .-• .. ~ i;--- 1 75-~;.::;::..-"'7--i / I ~ 1 I ~ 949.9~t; 0 I~ l'.ii--,co I Designed Drown DWS ..,.. ,-. '' ' _, Scale None Project No. 11170 Dote Sheet No. 12/10/98 ,. " .. ~ , --· ., _ ... ----, I 0 . --o 'I") ____ _, d ~ 00) ..... 0) / \ I I no oo ci ci Lt) LO ..-..- I I I I I I I/ ,, HARDCOVER CALCULATION SHEET w II 0 0 b p 0 z CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2461 was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of March, 1999. CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBDIVISION Municipal Offices LOT LINE REARRANGEMENT Notice of Public Hearing File# 2461 Date: February 24, 1999 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 350' of the properties located at 650,660,670 and 680 Big Island. The property owner(s) have applied for a lot line rearrangement that would create two lots where four lots current! y exist. The Planning Commission will hold a pubic hearing on: March 15, 1999 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 249-4624. The proposed plans are available for review by appointment. Paul We inberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-05 10 150.00 (PLAT) ~AILC.1 150.00 (PLAT) -= 150.08 (MEAS) ---, ______ 150.08 (MEAS) -------------_ -----._------+------------------~ ,, -~--~-. ,,_ , MINNEroNKA , ,, · ,, \-\ _ I ~ ELEV.=928.30 \12-01-98 \ ""' ~--~ ' Ll:DCC fT """ \ \ ~ \ -r;'Lr,.lb \ --M.LL,tOoON -~TOOL :::-----r-sg·os-------=----- su~.... \ ~ f I . "" -.---=:: \ ---s;·s;-=-~----~ -~1·~ ••• -~~\ :·· -\---___ _ ---~-~-.. - c~ ... -. G1 ,f I s. ~ ~-· CD' --l .o\ 0 .. , \~ la>, \f"\ • ,,~§1:·~\l, /,.,,· \"-..... _ v· ... ~ ,/, ~· \-. ,_. '· c.J' ', \~ ','-\~ ,.a .,. ...... ,, "l' -:-._ t··-,.~ ;~ 100.00 (PLAT) \ \99.93 (MEAS) 150.03 (MEAS) 1c:.n nri Int 11T\ \ \}t --, 50.00 (PLAT) 50.10 (MEAS) "'· lf'l. - \ . -:z. '"" ~ -l ~ 1;$~-i ~~ 0 -· ~ \ ;. "'· ·""~\¢_~-~ ~r -· ~"-.~1 \ <SI,,-,.. I I ~--.. 'i --.-~.--r~(--61'~\~ •2ii'f·~ ,--__ , g .. , I \ (_'i \ \ ~ ,_. .t\ ~.; ~ \ \a, ~<isSz ~;i I 11 ~,:~ .... ~ ... , \ ~)~ -\o~ -.l: ~ t\_o, "·, ~~ '.. --1·\t,,1 --J-rg \ -I i ;~i-J 50. 00 (PLAT) 50.04 (MEAS) -~~,s:~i 50.00 (PLAT) 50.07 (MEAS) (MEAS) h-,+ .5 :·) c·rrv. OF ORONO 2750 Kelley _Parkway,_P.O. Box 66 Crystal Bay, MN -55323 Phone (612) 249-4~ FAx (612) 249-4616 · ~ ' The Planning ·q>mmission will hold public hearings· in the Council Chambers at · 2780 Kelley Parkway on Monday, March 15, 1999, beginning at 6:30 p.m. on the matter of reviewing the following land ~ apprications: Watenown Road, request appproval of a preammry plat for a 2 lot subdivision . ·· 7. 12467 Bohland Development, having an interest in 1025 Brown Road South, requests preliminary plat approval of a 6 lot subdivision. · a #2468 . Bruce Nusbaum, 3480 North Shore Drive, requests lot width, hardcover i n the 75-250' setback and average lakeshore setback and lot area variances for new construction. 1. #2444 Brian and Susan Schebler, 9.-#2469 Slaven and Jo Webster, 500 1354 Rest Point Circle, request after-the-Orono Orchard Road, request a rear yard fact v~.fqr,~ ~e~l,_ t,., ~..t~£C?W~ a~~ add~ion, i-'• ~~, ·t~ ........ ;·, r 1:--!:,; ,---r. fl ·, •--: .• :··.~:: ~~:, ~ i: • .. • --. • · 2 . #2 461 . Chris Pie~. 'on be~ of ,_ • 10. #2471 Independent School District Will ia m and Thelma Bryson·, James A. ·R.'· ·', · #278, 685 Old Crystal Bay Road , Johnson, 650, 660, 670 and 680 Big requests a conditional use permit for island, request a subdivision of a lot line construction of a new middle school. rearrangement to combine 4 tax parcels with · 3 units into 2 tax parcels. · · · · · · . ·,:;, .:;: . :·. . ":.'..:.:~·: r . ·. 3. #2462 David' Lovelace, having an intereSl in 220 . Big : !sla11d, requests a lot area variance to crea1e a bµildable lot 4. #2464 Jam~-~--;Kristinii HOUlman, 1340 Rest Point -Lane ;-request a hardcover variance in the 0-75' setback and 75-250' setback, a lakeshore setback, a side yard adjacent to Slreet setback, and a height variance for new construction. A variance is also required to excavate within 75' of the lakeshore. · · · ' . 5. #2465 R~ D. Ericl<s6n, 364 and 372 Westlake Street,' request a lot line rearrangement 6 . #2466. John Winston/James Renckens, having · an interest in 3020 11 . #2~7 Gary Tucker, 3466 ivy Place, requests renewal of a variance to allow for a change in roof design to alleviate ice dams· for the area of the existi ng residence that encroaches into the required 1 O' side yard. All persons wishing to be heard are encouraged to attend this meeting . Written comments are solicited. Plans 1Jf8 available in the City Offices. For an appointment, please call 249-4600. ~of.Orono By: Planning Commission · Elizabeth Van Zomeren, Planner/Zoning Administrator · C ity (Published in The Laker and Pioneer Feb. 27, 1999) . . RE CEIVED MAR O 1 1999 CI T Y Of ORONO Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A .) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 , and other applicable laws, as amended. B.)Theprinted Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 27 dayof February 192.9._, and was thereafter printed and published every Saturday, to and including Saturday, the. ___ day of _______ 1g __ ; lt~L 1~horizedAgent Subscribed and sworn to me on this 27 I 199_9 __ By: Application # ~ ~ 0 / Date Received feb Cf 1qq9 Amount Paid-1350 ~ CITY OF ORONO -SUBDIVISION APPLICATION PROPERTY LOCATION Siteaddress 650, 660, 670 and 680 Big Island Property Identification Number (PID) _('-s_e_e_a_t_t_a_c_h_e_d__.)'------------ Please check one -Property _X_ abstract or __ torrens? Attach legal description to application. APPLICANT Name Christopher J. Pierson Pierson & Pierson. PLLP Address 1055 East Wayzata Boulevard, Ste 20.'.Phone (home) ___ _ City Wayzata, MN Zip 55391Phone (work) 473-1400 OWNER (if different than applicant) Name ( see attached) Address __________________ Phone (home) ___ _ City Zip __ Phone (work) ___ _ ( attach list if more than one.) EXISTING LAND USE Number of Tax Parcels Development Size Present use ( check) Present Zoning District PROPOSAL 4 X Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no . of units 3 seasonal Other (specify) ___ _ Division for Tax Purposes X Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites 3 Existing Units Proposed Gross Density Minimum Lot Size Proposed Use ( check) 0 New Units ---- 2 Total Units ---- ____ Units per __ Acres ____ Sq . Ft. Dry Buildable Land Residential ---- ----Other (specify) ___ _ 9 MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION l. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. 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 ). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature ___________________ Date _______________ _ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION I. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 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. Zoning Official's Signature ___________________ Date _______________ _ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 -X-Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class I & II) $350.00 ___ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) __ Final Plat Application (Class III) $200.00 Legal Review and Filing: ___ Subdivision only $75.00 ___ Subdivision w/easements and covenants min. $200.00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: Proposed Private Roads $600.00 + $.SO/lineal ft.; ___ lin. ft. x .50 = $ __ _ Proposed Public Roads $900.00 +$SO/lineal ft.; ___ lin. ft. x .50 = __ _ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x ___ new lots C. Flexible Application Fees/Misc. Fees Variance $220.00 ($50.00 per each additional variance) Easement Vacation Associated with Subdivision$ I 00.00 PRD Application with Subdivision $30.00/Dwelling Unit $3so.oo The applicant hereby agrees ~o provide all informatio required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission an Cpuncil necessary t p oc ss this application and further agrees to pay all additional fees established by ordinance. .---. / / App Ii cant's Signature -+----W=--=-_:__=---p...~-,,,e.+--'---J..c=-=------~.------Date:...___l..,,_L_/_1-+(-q~q'--------- ~~~~::±±:::_~M-\-D~~~o ti Date/ /;7/99 ryson; tr / Thelma L. B ~yson 7 Applicant must have all submittals in the City Office 25 days before the Pl · Commission meeting. Planning Commission meetings Owner's Signatur 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 · du ed meeting, please make arrangements to have an authorized agent attend in your place and to advise~;:; Zoni/Oif~ofth' chang the meetillg. 1 / ~:ii ~ , Date .. ( ·-?-(fJ-C)C"-) / e . R. John:son 10 · HARDCOVE~-ATION \VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' EXISTING HARDCOVER IN ZONE l-.oT5. 31 '-/ 500-1000' A. House _____ x _____ = Length Width X X X .. .. .. -. _ ... -·. B. Garacre . · ~ . . ----- C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain ByPlasti* OrFabri~ .. G. Other ·. '?>~1'2-S. X· -x X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · A . 1e1'1.i.f + B fBQPOSEJ2 HABJ.U:;QVEB lli ZQ~ A. House X Length X X X B. Garage X c. Driveway X X D. Sidewalk X X ·B. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B 7 ?,7 "2... -· x·l00 Width - - . . . X 100 ~r.ll, ';{ ¼' = -. = ---------- ... -· .. - = -- ... ------ ·. --- -.. - I I o "2-• 7 S.F. ® ______ S.F. .....,.. _____ S.F. ______ S.F. ______ .. S.F. ______ .-.S.F. ______ S.F. ____ s_,. __ .. ..,.B ___ s.F. ~ ______ S.F. qs. B ~ '1t S.F.@ ].Co';{· q S.F. G) 1s2. a, ® ______ .S.F. ______ S.F. ______ S.f. 3o.O, @ 2-0 · I.{ s.FCD I e I 't · t/ S.F. A ,, 3 7-z.... S.F: B . .;z¥,' t,, % S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. s:F. S.F. S.F. S.F. S.F. A S.F'. B HARDCOVERCALCULA~ORKSHEET 1--r--s 3 ~ '1 SETBACK ZONE: (Cm.CLE ONE) 0-75' 5-25 ' 250-500' 500-1000' :EXTSiltiG HARDCOVER IN ZQNE A. House X = L/0-/p S.F. ® Length Width X -S.F. X = S.F.· ~~€\) X .... ·':t "L. 5" S.F. (0 .. . . .. -.......... . ! B. Ga.rag~_ X· .. .. S.F. C. Driveway. ·x -:.s.F. X -S.F. D. Sidewalk X -I ~. 'Z-S.F.® X -'2.?;, • °' S.F.(9:) E. Patio/Deck X -Ce,£.(.e S.F. © X -1:zs.s:: S.F.(!) F. Landscape X -.S.F. Underlain X -S.F. By Plasti~-X = S.f. OrFabri9 . , . G. Other X -S.F. TOTALHARDCOVERINZONE 2,24. 1, S.F. A TOTAL PROPERTY AREA IN ZONE l O I fi.rJ.S. 1 0 S.F.: B A ;;, '2.'/. 3 + B JO eoe, .. x·lOO -· .. 3.0% lBQPQSED HABJl~QVEB IN ZQtiE A. House X -S.F. Length Width 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. X -S.F. E. Patio/Deck X -S.F. X -S.F. F. Landscape X ·. -s:r·. Underlain X -S.F. By Plastic X -S.F. Or Fabric G. Other X -.. S.F. .. . TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 -% ,, • I I I ,, ~- ,, I I _, ~-l: ,, I .. Designed Drown DWS Dote 12/10/98 ,, < _, 1'0~R 1'0\-~ Scale None Project No. 11170 Sheet No. ---..... , .... --~ \ .... , \ \ I ' I ' I \ ......... ---I I I-(/) I <<( _j w ,e;,~ ..__,. 0 ~N 00) l(') • . .. 0) -.:;t- .,.. ......... ~•- ---------U) I- 'PU) <( <( <<( w _j _jw ~ 0.. a. ~ ..__,..__... '-"..__., 01'-l""')O ~o oO 0 • oci l(') 0 I.() I.() I.() .-.... _.,, ... --,-..... -·· HARDCOVER CALCULATION SHEET LOTS3&4 HARDCOVE~CULATION \VORKSHEET SETBACK ZONE: (Cm.CLE ONE) 75 75-250' 250-500' EXISTING HARDCOVER IN ZONE h:rrs ~ 1 <c:. 500-1000' A. House ______ x ______ = '\of.$" S.F. (£) Length Width X ~.,.f>r,,J1r-J~ X w"IL-1..-X .. .. .. -. ..... ~-.. B. Oaraoe .:, .. X· C. Driveway . X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plasti~-X OrFabri~ ,. 0. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · A .to",-z...C:, +B J>ROPOS'ED HARDCOVER IN ZONE A. House _______ x B. Garage c. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric 0. Other length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B : 7 .:?> a f> .• x·l00 I -. Width ... .. - - ... .. ----------- ______ S.F. ; ?,D,0 S.F.-@ ______ S.F. ______ .. S.F. ______ : .S.F. ______ S.F. 3":.t. q S.F. (D ______ S.F. -z. :::, • -, S.F. @) "37. \ S.F. 6) <.,0.7 .S.F. © ______ S.F. ______ S.f. • ______ S.F. -· ... - = --------- •, --- -.. I o er M. j S.F. A ,1 ::S8(q.o S.F; B I 'f.8 o/o ______ 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. HARDCOVER CALCUL.A:~O)VYORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 5-250' 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A. House _____ x _____ = Length B. Garage_ .. · ____ _ C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~· OrFabri9 ,. G. Other ·. X X X .. -·~.:.:. ·: .... X· X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · Width ... = . = ... ---... = ... ... -= - A ~80 • i..( + B ID1 S-7(.o -· x·l00 • · · · J>ROPOS'ED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ +B - Width = -= - ... ... . -- ... ... - . = = - -.. 1'54• 2... S.F. © '?.!>,7 S.F. ©; S.F. S.F. . S.F. :.s.F. S.F. JD, Cf S.F.@ S.F • ~"2:.,. \ S.F.<£) BQ., S.F. (@) .S.F. S.F. s.~. 1~-B s·.F. Q) 388.c../ S.F. A IQ 1 5:,~.o S.F; B 3. G, o/o -------- S.F. S.F. S.F. S.F. S.F. S.F. S.F • -s.F. S.F. S.F. S.F. s:F. S.F. S.F. S.F. S.F. A S.F. B % I <..O I ~ \ ~\ . I '~ I et> I u:, I '° I I I I I I I _______ ---.J.,_'....,':.-75.-. ., .. · ' I ,. \,., ,... \\,_. I I ~, ~ Designed Drown DWS Dole 12/10/98 -..... ' ,. •' ,, Scale None ~-.... • I ,so.a?. Project No. 11170 Sheet No. <.O ~ 0 ,-... (/) d I-<l'. <ew 0 0: 2 I") .__,,.___, O,q- ~o 0 . l.{')0 LO I I / / \ _.., \ I I ~ ,-...(/) I-<l'. <( w w 0: 2 II .__,,.___, 0 go 0 . .--0 0 • p l.{')0 LO 0 z --- .... HARDCOVER CALCULATION SHEET LOTS 5 & 6 HARDCOVEWCULATION \VORKSHEET , i--ts, z; B SETBACK ZONE: ccmCLE ONE) 7:,' 75-250' 250-500' 500-1000'1 EXISIIIS:~ HARDCOVER IN ZQNE A. House X. = -Z..1 0, D S.F. (J) Length Wldth X ... S.F. X. -S.F. X . "' S.F. .. . ~ ,:.;. ·: -· . .. - B. Garacre .. : -. S.F. X· ~ .. C. Driveway . X ... : .S.F. X ... S.F • D. Sidewalk X -10, • 3 S.F. © X -S.F. E. Patio/Deek X -IQ-Z..~. o S.F. ~ X -:Z.C,,. s--S.F. F. Landscape X -.S.F. Underlain X -S.F. By Plasti~ X -S.F. OrFabri9 .. s·.F.(0 0. Other X -e~-l:. S 'f'A'I fZ.-S · TOTAL HARDCOVER IN ZONE 1~lo9.'{ S.F. A TOTAL PROPERTY AREA IN ZONE S3e1.o S.F.: B A (Y<.PB.L/ + B B3e>I .. x·lOO -· .. 13, 5 % ?RQPQSED HARDCOYEB IM ZQNE A. House X -S.F. Length Width 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. X -S.F. E. Patio/Deck X -S.F. X --S.F. F. Landscape X. •, -s:F. Underlain X -S.F. By Plastic X -S.F. Or Fabric G. Other ... X -.. S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 .. % HARDCOVER CALCULATION \VORKSHEET L..-o"i s 7 ~ e, 500-1000' SETBACK ZONE: ccmCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE A. House _____ x _____ = B. Garage.. ·· c. Driveway . D. Sidewalk E. Patio/Dec::k F. Landscape Underlain By Plasti~ OrFabri~ G. Other ~112-.$ ,. Length X X X X· -x X X X X X X X X X . ~ ~;. ·: ...... TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 7--?:~~-"7 + B rRQPQSED HARDCOVER IN ZONE A. House _____ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric 0. Other Length _____ ... X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width LO ~93 ·· x·lOO Width -. ... "" . = ... -.. ------- - -· ... - = = -------.. ·. -... - -.. -z.. I I S-, S S.F. d:) __ J.._':i.._-..... l _S.F. {§); ------S.F. ______ S.F. ______ .. S.F • ______ :.s.F. ______ S.F • ____ IL/ ___ . 4 __ S.F.{i) ______ S.F. __ · f .... B-·~ __ S.F.@ ______ S.F. _______ .S.F. ______ S.F. ______ s.~. ___ z._;3 __ , __ c..{ __ S .. F. ® 2 Z-YS'., S.F. A 10 1 t.,.'13.o S.F: B 6(,0 % ______ 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. 0£0< @ I ( I ~ J: ~ I.. \'ii /. I ~ I I ..J 949.93n, f,l>, ,~ l,l>, . I oo I ···t-- ~,,oo~·:6"t. --!;.. · .,. 4~.89 ~\ ~ :t,;' ss., \ ·"o \ \~ \:-" r \ \ -,-,, I I I , ,, -,- /' I I I , ,, Scale None _, .• -<11·· Drown Project No. DWS 11170 Date Sheet No. 12/10/98 ,, ,, ,, . .. 01"1 ~ a, 0 • om .-a, I I r,1')0 oo cid lJ.) I.{') ..-..- , I / I I / \ I,,/ HARDCOVER CALCULATION SHEET LOTS 7 & 8 i...o-t-s 3-S • HARDCOVERCALCULATIONWORKSBEET ~----,,. SETBACKZONE: (CmCLEONE) @) 75-250' 250-500' 500-1000' EXTSTING HARDCOVER IN ZONE A. House _____ x _____ • Length C. ~G<I~ 1,J ,,.J.e, ------ vJ p. l..\... D. Sidewalk E. Patio/Deck F. Landscape Underlain ByPlasti~ OrFabri9 X X X . . . . i::.: _. X· . . -x X X X. X X X .x X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width A "2-87t;", "Z.. + B Io 9 o S:: B'· x·lOO J>ROPOS'E:0 HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X X . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width - - -- . - --- ---= --- - 111· ••• - -------- -- ·. --- -.. I \ O""Z-,] S.F. ® 90J,5: S.F. (0 : S.F.· S.F. . ' . S.F. 1;0.0 .'.S.F.@ S.F. ~~•lq S.F. (9 S:t• B S.F,® ~~-::Z S.F.£ 35:, ~ S.F. II "!,~4-~ \ $2' C\ .S.F. 10 S.F. S.F. CPD, l ~ ~Q-9 S.F. ~ 2.0. L\ '2.f:27 5. '2. S.F. A IQ 9QS:,f2 S.F: B "2:(o. :I ¾ S.F. S.F. S.F. S.F. S.F. S.F. S.F. -s.F. S.F. S.F. S.F. s:F. S.F. S.F. S.F. S.F. A S.F. B % ·f-,~::~:Z~Y It:) , , .t:iA..lWCUV ~R <.;ALCULA'~U~J:i.1£~·1· ' SETBACK ZONE: (Cm.CLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House _____ x ·_____ • 1./0,Ct, S.F.@) B. Sl-\Gt>. C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ Or Fabric Length X X X .. -. ~;.:.. ·: ..... X· . . -x X X X. X X X .x X x, TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Wldth A (e';-Z.,0 + B Jt 9 /"Z.;,,"2-·· x·l00 lRQPOSEJl Het.RllCQYEB lli zorm A. House X Length X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER. IN ZONE TOTAL PROPERTY AR.EA IN ZONE A ______ + B Width - -- --... --- ------- - -. ' ----------- ·. --- -.. - _....,1....,S_._Y ---· "2.. _____ S.F. (D ; ______ S.F.· ______ S.F. ~~:~ ,·· S.F. ~ ______ :.s.F. ______ S.F. _ _._)~~-~i2 __ .. __ S.F.® Z?;, 1'\ S.F., ,o. q _____ ,.._3>....._. ,._\ __ S.F. C# __ ,_,. _s: ..... _1¢ __ s.F. I '2.S', S-- ______ .. S.F. ______ S.F. ______ s~. ____ ,_s __ . __ e __ s.F.6) __ <,_~_2_. _o_s.F. A __.u_9 __ 1 ... 2. __ ~_._'Z. __ S.F: B __ .... ·'?,"-'. __ 9.__ __ % ______ 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. ,,-- / --- ___ . .,...,,. ' -,- , -' '' ,, ,, I •· ---------t-(J) 4: <( ...Jw !:::..:::::i: ..__,, 0 ON 00'> L{) • 0) "<t" _.,._ . ..- --\ ' \ ', I \ I I \ I I ,6g,6J _ .. ---···-· \ . --· ...... -"t.A 1 ,--... ,.........,........ (J) I- -----(J) <( -,-,- '' -, \ Designed Drown DWS Scale None Project No. 11170 Dote Sheet No. 12/10/98 I . I !, ..,,..-..,. .-- t-<( 4: w ct :::::i! --------0 r---~o 0 . L{) 0 LO --- ,.-.., -----(J) t-<( 4: w ct :::::i! '--''--' 0 -.q-~o 0 . 1.()0 I,{) Oo ~ ,- 0 . l.{)0 LO <( w _j L a_ ..__,, ..__,, no oO . ci ~ LO ..... ..... \ I I (D 0 ci 0 "'1 w = 0 0 0 p 0 z HARDCOVER CALCULATION SHEET -, HARDCOVER CALCULATION \YORK.SHEET -SETBACK ZONE: ccmcu: ONE) ~ 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House 500-1000' B. Garage_ C. Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plasti~ Or Fabric Length X X X X X· X X X X X X X .x X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width "" --. - ------- --- - _z._1 __ 6_._,0 __ S.F. (D ______ S.F. ______ S.F.- ________ S.F. _ ___ __,,_S.F. ______ .-.S.F. ______ S.F. __....1 .... D.._7.._ • ..._o __ S.F.® ______ s.F. -l-P-Ce .... s ..... , ... 1 __ S.F. ~ __ :z___,.(p ........ ..._S" __ S.F.@ ______ .S.F. ______ S.F. ______ S,f. £?8.&, S.F. G) _l5_-_o_s_._5" __ s.F. A _,_.,_ __ "2-_L-4_l _____ S.F.-B A \· 'S"'o S. S: + B 1 "2-'2-'-I I · · x· l 00 •· · · I '2. • ~ o/o PROPO$D HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidcwallc E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width - 14 ;, ----------- . --- -.. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ ______ -s.F. S.F. ------ ______ S.F. S.F. ------ S~F. ------______ S.F. ______ s.F. ______ S.F. ______ S.F. A ______ S.F. B o/o _! __ ;,...:'"""°-"~ .... ;, \-""'i!£!"""1,;li!,jloi? - i_:'_i l::1 ;t_-1 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: ccmcu ONE) 0-75' ~ 250-500' EXJSTING HARDCOVER IN ZONE 500-1000' A. House _____ x _____ • Length X X X .. . ;.:,~: -· .. - B. S~E 0, X· C. Driveway. X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain .x ByPlasti* X Or Fabric .. 0. ST~1~$ X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE · Width --. - ---------- ____ -z....:1 ..... 1 5":::;.;,,__:S:: __ S.F. (D _____ s.F. ------S.F.· __ .;..._ ___ S.F. . ' 7':,, \ .. S.F. cf) _ __,,;..i..;..~ ...... -• 16·2 Bo.J IS'qL{5.o .·.s.F. S.F. S.F. 6) S.F. S.F. ~ S.F. CD .S.F. S.F. S.f. S.F. ® S.F. A S.F.-B A . 2 :,z. (e. ':/ + B 1 5"'49'-/ s-. o· x·l00 -· · · · 14, Co % EBQPQS]J2 HaBllCOYEB m ZONE A. House X Length X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/De<:k X X F. Landscape X Underlain X By Plastic X Or Fabric 0. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B - -S.F. Width -S.F--S.F. -S.F. -S.F. -S.F. -S.F. ---s.F. -S.F- -S.F. -S.F. ·. -s:F. -S.F. -S.F. -.. S.F. S.F. A S.F. B X 100 • % ~ ~ro C) ~ ~±- ~ ~--- I ( I : ... -----~ .. ------- ~ h~ g~ I U'.) 1' CO I • I ~ I o, I , .... I\" I"' I "' I I I I \ \ I \ 'ilk 75 --... I'--_.J 1)(0< ~ ... -... -· ----1 ,~ ~ t I !. ITIIJ 949_g3 : ,~ t'.i:,. . 10> I I z _I I 0--1~ do . ___ ,,,. .. -..Jl,.9\1 _.-_.. I -....Jc.,.., ·I =:· ! /:~ I g: I~ / h I i"' I ::,3 I I "' \1 7..7.0.00 (.?Lf>.. iJ ,- ' ... ! ♦ ~77°01'\?'.'\ ..•. --···· 45.89 ,- '..) f_'j.\Sill'IG z-S10R'< 1-10\JSf. f .f .E.."' g:,4.41 Designed .~ ... ---· ,, ' .. ] ,, \ I ,, Scale None (i) Drown DWS Project No. 11170 Dote I Sheet No. 12/10/98 ,. ,, • A, 0 ----,...._ (I) I-< ::5 w o...:::E ------go d-r--: l.(")0 lO / \ I I w • 0 0 b p 0 z --~,~ _,/ ,so.01 ,, ,, ,~ .. , ~ '' , . . , 16-07> ..,, ~ __ _... ~ I I ,,......_ ,--...(/) I-<( ::5 w a.. :::E -------------------· 8 'I"). ci 0) 0 . ~ 0) 0) !'Q~ll pOU- _,/ ,--...,......... (/)f,-- <( <( w _J ~ 0.... ........... .___, no oo c:i c:i L[) LO .-.- I I / I I I/ / HARDCOVER CALCULATION SHEET PLEASANT VIEW AT LAKE MINNETONKA (Lots 3-8) Mailing Address Legal Property Current and Phone of Description Address PID Owners Current Owners Lot 3, Pleasant View, 680 Big Island 22-117-23 24 0004 William E. Bryson, II 11650 Timberline Road Lake Minnetonka Thelma L. Bryson Minnetonka, MN 55305 (H) 544-4161 (W) 544-7200 (William) Lot 4, Pleasant View, 670 Big Island 22-117-23 24 0005 William E. Bryson, II 11650 Timberline Road Lake Minnetonka Thelma L. Bryson Minnetonka, MN 55305 (H) 544-4161 (W) 544-7200 (William) Lots 5 and 6, Pleasant 660 Big Island 22-117-23 31 0026 William E. Bryson, II See above and below. View, Lake Minnetonka Thelma L.Bryson James A. R. Johnson Lots 7 and 8, Pleasant 650 Big Island 22-117-23 31 0027 James A. R. Johnson 420 4th Street NE View, Lake Minnetonka Watertown, SD 57201 /// //// /,,,,.~.,,,. -------- ------ j ~,;,..-/ / 7-~,/- f /,/ ' , !// II OC!ll'~~IEIL, ~ ~l\J)~[D)!~: t~~IE~OO~~OOll' IL~ll'~ ~ : · .. ·. ·. LOj 4 ( I) -~ -----+-----4.---4-J ( 2) LO T 4 !%lrrt!}(J/l/J, '$ $(!/J@/PJ @. @I'f fl ft!IJ(J!}fJ/l /lJ'/1 IL @11$ ~ '/il!J $/l rt r J@IJ(J ~~ 11@!fl!J(J$!}(J l fJ fl fl :I It! d IJ(J& L □- ( I SN IDER'S SUBDIVI SION OF LO T ·1 C L c... C <- ~ (_ L c.., L, l.. C L. RUN DATE 01/08/99 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR I PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR · OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 22-117-23 24 0001 00720 BIG ISLAND TRISTIN O ERICKSON ET AL TRISTIN O ERICKSON 4567 80TH ST W MPLS MN 55437 38 22-117-23 24 0006 00038 ADDRESS UNASSIGNED RECREATION POINT LLC RECREATION POINT LLC 3721 KACHINA DRE PHOENIX AZ 85044 38 22-117-23 24 0010 00690 BIG ISLAND R & B BRUDER ROBERTO BRUDER 2500 87 l/2 ST W BLOOMINGTON MN 55431 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 0026 00660 BIG ISLAND WILLIAM E BRYSON II ET AL WE BRYSON II & TL BRYSON JAR JOHNSON 11650 TIMBERLINE RD MINNETONKA MN 55305 38 22-117-23 31 0029 00570 BIG ISLAND JODIE R VARGAS ET AL SELDEN THOMPSON ROBB JR PO BOX 293 SPRING PARK MN 55384 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 24 0004 00680 BIG ISLAND W BRYSON & T BRYSON WILLIAM & THELMA BRYSON 11650 TI~BERLINE ~D MINNETONKA MN 55305 38 22-117-23 24 0008 00700 BIG ISLAND RECREATION POINT LLC RECREATION POINT LLC 3721 KACHINA DRE PHOENIX AZ 85044 38 , 22-117-23 31 0002 00560 BIG ISLAND DON HENDERSON ET AL DON HENDERSON 5018 NORMANDALE CT MPLS MN 55436 38 22-111-23 31 ooi1 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 0027 00650 BIG ISLAND JAR JOHNSON & H L JOHNSON JAMES AR JOHNSON 420 4TH ST NE #406 WATERTOWN SD 57201-2638 38 22-117-23 31 0030 00640 BIG ISLAND CLINTON KNUDSON CLINTON KNUDSON 1823 FRANKLIN AVES E MPLS MN 55414 REPORT NO. P~435401 38 22-117-23 24 0005 00670 BIG ISLAND WE BRYSON & TL BRYSON WILLIAM & THELMA 'BRYSON 11650 TIMBERLINE RD MINNETONKA MN 55305 38 22-117-23 24 0009 00710 BIG ISLAND MICHAEL J WEINER MICHAEL J WEINER 320 WEST ILLINOIS #411 CHICAGO IL 60610 I 38 22-117-23 31 ' 0009 00630 BIG ISLAND PAGE 7 DOUGLAS EPERSON ET AL W/L E JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 38 22-117-23 31 0020 00590 BIG. ISLAND JUNE M FIEGER TRUSTEE JUNE M FIEGER . 14601 ATRIUM WAY #324 MINNETONKA MN 55345 38 22-117-23 31 0028 00650 BIG ISLAND JAR JOHNSON & H L JOHNSON JAMES AR JOHNSON 420 4TH ST NE #406 · WATERTOWN SD 57201-2638 38 22-117-23 31 0031 00580 BIG ISLAND JUNE M FIEGER TRUSTEE JUNE M FIEGER 14601 ATRIUM WAY #324 . MINNETONKA MN 55345 ~i •r.:..-1' ~;J:¾ ~ .J :> :.) ...J ..J ..J .J II RUN DATE 01/08/99 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 22-117-23 31 0032 00620 BIG ISLAND WA & SN HILL WEBSTER A & SHELLEY N HILL 4081 DEERWOOD TR EAGAN MN 55122 TAXPAYER TOTAL BATCH 503 00021 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 22-117-23 31 0033 00610 BIG ISLAND KENNETH K ·PLUNKETT KENNETH K PLUNKETT C/0 LONGFELLOW WHSE CORP 1860 28TH STE MPLSMN 55407 REPORT NO. PI435401 PAGE 8 38 22-117-23 31 0034 00600 BIG ISLAND GEORGE L & DONNA L ADAMS GEORGE L & DONNA L ADAMS 9581 VIRGINIA AVE BLOOMINGTON MN 55438 I CERTIFY THAT fHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF~. ~ DA TE i II . BY . . (/ CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. James Anthony Ralph Johnson First Middle Last 2:2:32 81,uth H4-P J.Afi@.~ w.-1/4£, ~l.-;-+f 61 Addre~s ,,A -o7 ~4\-tzB,ol.©.t,l, ~" , ~ I' c.-01 .c~ Lotti s J:ark, ~ .:55:4!6. 926-8050 City State Zip Phone Telephone (612) 473-7357 • FAX 473-0510 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. William Earl First Middle 11650 Timberline Road Address Minnetonka MN City State I understand my rights as stated above. tU di;v, &. ( £700-7[ Signature · 15 Bryson, II Last 55305 Zip Telephone (612) 473-7357 • FAX 473--0510 Phone CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3 . The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Thelma Louise Bryson First Middle Last 11650 Timberline Road Address Minnetonka MN 55305 544-416] City State Zip Phone I understand my rights as stated above. 's~~W~,{ Telephone (612) 473-7357 • FAX 473-0510 JOHN M. PIERSON CHRISTOPHER J. PIERSON Ms. Liz Van Zomeren City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, MN 55323 PIERSON & PIERSON PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 1055 EAST WAYZATA BOULEVARD SUITE 203 WAYZATA, MINNESOTA 55391 February 5, 1999 Re: Application for Lot Line Rearrangement TELEPHONE (612) 473-1400 FACSIMILE (612) 473-0969 Lots 3,4,5,6,7 and 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) Dear Ms. Van Zomeren: I have enclosed the following in connection with the above-referenced proposed lot line rearrangement on Big Island which we discussed in your offices on January 8: 1. Application executed pursuant to your suggestion by me as applicant and by the owners (with attached chart of legal descriptions, addresses, PIDs, owners, mailing addresses and phone numbers); 2. Check for $350.00 for fees; 3. Survey; 4. Hardcover calculations for lots 3-5 and 6-8 as previously provided, and, pursuant to your request, for lots 3-4, 5-6 and 7-8; 5. Certified Property Owners List from Hennepin County along with mailing labels and map; and 6. 3 Data Privacy Advisories executed by the owners. As we discussed, please mail the proper notice to the neighboring property owners and place this matter on the agendas for the March 15, 1999 Planning Commission meeting and the April 12, 1999 City Council meeting. If you have any questions regarding this matter, please do not hesitate to call me. enc. ; cc: William & Thelma Bryson James A. R. Johnson PIERSON & PIERSON 1•~.u1-r:."i:ilON..._l LP•HTC.D Ll,\D/LI I Y 1-'A~T~~~R••:HlP . .i...rTUK:,,/1=:Y s Ar I.AW I D:i5 f.:,".ST WAYZATA BOUI_.EVARD SUITE 203 \NAYZATA, MlNNESO'rA 55391 JOHN M. PlERSON CHR[STOPHER J. PIERSON DATE: January 8, 1999 TELEPHONE((ol2l ~73.1-iC:(1 FAC:.SIMJLE (Ii 12) .! 7 J .IJ96lJ 10 0 . d CLl r<;,NT: Johnson/Bryson TOTAL PAGES (induding cover st1eet): 2 I NAME; Ms. Elizabeth Van Zomeren COI\'lPANY: City of Orono TELEPHONE NO.: 473.7357 FROM: Christopher J. Pierson PLEASE DELfVER TO: ORIGINAL DOCUMENT TO FOLLOW: l J Via Regul~r Mail I J Vi& Overnight Mail COMMENTS OR SHORT MESSAGE: Li7.; FAX NO.: 47.3-0510 IX] Will Not Follow Thanks for your time this morning. In talking with Ihe County and the surreyor I have learned that :tl.1r. Johnson does own lots 25 &26 across the park, AND those lots corre~pond to one of the PIDs listed for him (22-117-23 31 0028). So, for the 6 subject lots we have 4 addresseg ahd 4 P!Ds. I have summarized them on the attached sheet. I assume we f:an ignore !ors 25 &26for purpo1·e., of rhe:: 350' property owners fist Ji·om the county. Call rne at your convenience. CJP IF YOU HA VE PROBLEMS READrNG OR ARE MISSING ANY Of THE FOLLOWING PAGES PLEASE CONTACT OUR OFFICE AT 6!2-473-1400. . I . -. ~ • CONFIDEN't'IALITV NOTICE: The documents accompanymg this 1ax contain conf1dent1al infonnation which is legally privileged. The information is intended only nor the use of the-recipient named above. ff yon are not the intended recipient, any uisclosurc, copying, distribution or talcing auy action in reliance on the contents of this telecopied infomiation except its dtrrecl delivery to the intended recipient named above is stri.ctly prohibited. Ifym.1 have received this fox ih enor, please notify us immediately by telephone to arrange for return of all copies of the documerits to us. Thank you. 6%0 £Lr Z19 V1 NOS~31dlNOSH31d ~JI:n (l~d)66 .80-NVP .,nn ·d ~ .. Lot# Add.-ess 3 680 4 670 5 660 6 Ir 7 650 8 " I PLEASANT VIEW AT LAKE MINN!TONKA (Lots 3-8) Cu:rrent Owner Future Owne:r PID Bryson same 22-117-23 24 0004 81yson same 22-117-23 24 0005 Bryson & Jol111son Bryson 22-117-23 31 0026 Bryson & Johnson Johnson " Johnson san,e 22-117-23 31 0027 Johnson same If Unaffected Property across p:y:k 25 & ?'?'? 26 Johnson 6960 £Lr Zl9 same 22-117-23 31 0028 I i \:'1 NOS~3[d1SNOS~3[d Ll:n ([~d)66,80-NVr I d r cu·J// Cf r f-u/, · J JI --e C)( ~ s fr0r1.f cvvcJ ~~ /~ /'J;JJ' ii /O 1 I / ;,'/ tkY1'rlv lo-! 1~-3 b I I I &50 -J,+s /+ 8' ~-c""' ~.-virv,J ~ .J-,,c ------ Cc, 7 0