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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25, 2002 7:00 o'clock p.m. (#02-2745 Ilona and Kenneth Peterson, Continued) Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4774, a Resolution Granting Variances to Ilona and Kenneth Peterson, 1074 'Wildhurst Trail, subject to the seven conditions outlined in the March 20, 2002 Planner's Report. VOTE: Ayes 5, Nays 0. *(#5) #02-2746 MARK FINNEY, 3210 NORTH SHORE DRIVE -VARIANCES - RESOLUTION NO. 4775 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4775 a Resolution Renewing Variances to Mark Finney, 3210 North Shore Drive, subject to the conditions outlined in the March 20, 2002 Planner's Report. VOTE: Ayes 5, Nays 0. *(#6) #02-2756 DAVID AND JODI DAL VEY, 1520 BOHNS POINTS ROAD -CONDITIONAL USE PERMIT-RESOLUTION NO. 4776 Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4776, a Resolution Granting a Conditional Use Permit for David Dalvey and Jodi Dalvey, 1520 Bohns Point Road. VOTE: Ayes 5, Nays 0. (#7) #02-2757 TERRANCE C. JOHNSON, 1045 LINDEN LANE -RENEW AL VARIANCES - RESOLUTION NO. 4777 Terrance Johnson, Applicant, was present. Weinberger stated the Applicants have applied for a variance renewal application to renew variances originally approved in 1992. The variances approved additions to the existing residence and adding three to four courses of block under the existing house to raise the ceiling height of the walkout level of the house. The approval was required to permit expansion of the existing house located within 75' lakeshore setback. A variance to hardcover in the 75-250' setback was required to permit a number of improvements to the property. The property owner has indicated he . was advised by the City that the application would hot require yearly renewals. The variances expired one year from the date of approval. The Applicant has indicated the intent is to complete the project in stages, with the raising of the foundation to occur first. The Planning Commission recommended approval of this application on a 6 to 1 vote. The Planning Commission expressed concerns relating to drainage and the condition of the building foundation. Weinberger noted the primary issues with the drainage were dealt with in 1992 . The approval of the variances was based on the information the Planning Commission received that the foundation was in good condition and would not need replacement. The Applicant was informed that any structural work to the foundation would require a new variance application, with the project being considered new construction at that point. PAGES I ROLL MINUTES OF THE ORONO PLANNING COMMISSION Monday, March 18, 2002 6:30 o'clock p.m. The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Jeanne Mabusth, Sandra Smith, David Rahn, Janice Berg, Daniel Kluth, and Alternate J. Mark Fritzler. Commissioner William Stoddard was absent. The following represented City Staff: Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger~ Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. Chair Hawn called the meeting to order 6:35 p.m. CONSENT (#1) #02-2756 DAVID AND JODY DAL VEY, 1520 BOHNS POINT ROAD, CUP (#2) #02-2760 JAMES CUSACK, 4140 IDGHWOOD ROAD, VARIANCES (#3) #02-2765 WILSON MANAGEMENT, LTD., 740 WILLOW DRIVE SOUTH, RENEW AL VARIANCES Hawn inquired whether there were any public comments relating to the three above-mentioned Items. There were no public comments. Smith moved, Mabusth ·seconded, to recommend approval of Applications #02-2756, David and Jody Dalvey, 1520 Bohns Point Road; #02-2760, James Cusack, 4140 Highwood Road; and #02-2765, Wilson Management, Ltd., 740 Willow Drive South. VOTE: Ayes 7, Nays 0. OLD BUSINESS (#4) #2333 PROPOSED ZONING CODE AMENDMENT, SECTION 10.20, SUBD. 4C, HOME OCCUPATION STANDARDS Hawn indicated the Planning Commission would like to discuss this item further in a work session prior to acting on it. Hawn inquired whether there were any public comments regarding this item. There were no public comments. Hawn moved, Smith seconded, to table Application #2333, Proposed Zoning Code Amendment, Section 10.20, Subd. 4C, Home Occupation Standards. VOTE: Ayes 7, Nays 0. PAGEl CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612-249-4600 TO: David & Jodi Dalvey 1520 Bohns Point Road Wayzata, MN 55391 ZONING FILE# 02-2756t NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 3/26/2002 COPIES: TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 3/25/2002 VOTE: 5 FOR O AGAINST COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday 8:00 AM -4:30 PM). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a permit for the construction. (The permit application is separate application from the zoning application). Conditional Use Permit Approval is limited to the extent shown on the approved plan and as noted in the approval resolution. Changes in approved plans are subject to fmiher review by the City. Approval expires one year after date of approval. Permit application must be submitted no later than March 25, 2003. If you desire ce1iified copies of the official Council Minutes, they are available from the City Clerk after review and approval by the City Council. Application Date: Completion Date: 60 Day Deadline: 2/19/02 2/19/02 4/20/02 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner Item Description: #02-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit DATE: 3/22/02 ITEM NO.: Agenda Section: Zoning Zoning District: Lot Area: LR-lB 36,753 s.f. One Family Lakeshore Residential District (1 acre) (.84 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 3/18/2002 Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building. The accessmy building will be used as an "art studio and gym." It will be located on the upper level of the detached garage. The art studio and gym will be used for personal use and will include a bathroom with sink, toilet and shower. The detached garage is on the rear of the property. The property is located in the LR-1 B zoning district. The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size, and height. The accessory building ( detached garage) does conform to location, size, and height requirements set by code. In October 2001, the applicants applied for and were approved for lot width and accessory building without principal structure variances to construct a new residence on the property. The existing house was demolished and a new residence and detached garage are currently under construction. Before a permit was issued setback, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was designed to have a gym, art studio and bathroom above it. When the variances were approved the owner stated the bathroom would be roughed in at construction time and at a later date if/when they wished to put it in, a conditional use permit would be applied for. 1. Section 10. 03, Subdivision 9 (F): Accessory Building-Plumbing: Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Planning Commission: The Planning Commission recommended by a 7 to O vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2756 WHEREAS, David F. Dalvey and Jodi A. Dalvey, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1520 Bohns Point Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest corner of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section tot he shore of Lake Minnetonka; thence southerly along said shoreline 105 .62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a "Plumbing in Accessory Structure -Conditional Use Permit" to allow a toilet, sink and shower to be installed into an accessory structure. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2756. 2. This property is located in the LR-lB Zoning District where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 36,753 s.f. Page 1 of 4 or .84 acres. 3. The Orono Planning Commission reviewed this application on March 18, 2002 and recommended approval by a vote of 7 to O of a conditional use permit for plumbing in an accessory structure to allow for a toilet, sink and shower based on the following findings: A. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. B. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. C. The property location, size, and height meet minimum requirements to allow a conditional use permit to be granted. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow plumbing in an accessory structure to include a toilet, sink and a shower, subject to the following conditions: 1. The property owner agrees to the filing of a covenant in the title of the prope1iy providing the following: A. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. B. The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. Page 2 of 4 C. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 25, 2003). 3. The City Council finds that granting a conditional use permit to allow plumbing in an accessory structure, to include one toilet, one sink, and one shower, will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties; nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A Peterson, Mayor Property Owner ( s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _______ , 2002, before me a Notary Public within and for said County, personally appeared __________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _________ , 2002, before me a Notary Public within and for said County, personally appeared __________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this ___ day of _________ , 2002, by David F. Dalvey and Jodi A. Dalvey (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest corner of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section tot he shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All paiiies with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE Page 1 of 4 FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. This Covenant shall be binding upon current and future owners of Subject Propetiy, and shall be filed within the chain of title of the Subject Propetiy. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. CITY OF ORONO: By: ___________ _ Its Mayor By: -------------- Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Page 2 of 4 The foregoing instrument was acknowledged before me this ___ day of ___________ , 20 __ , by ________________ and _______________ , the _____________ and -----------of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By: ___________ _ By: ____________ _ ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________ , 20 __ , by ______________ and ______________ (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public FEE OWNER(S): By: ____________ _ By: ------------- Page 3 of 4 ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________ , 20 __ , by and ______________ (husband and wife) as their free act and deed. Notary Public Page 4 of 4 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner March 14, 2002 #02-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit --Public Hearing Zoning District: LR-lB One Family Lakeshore Residential District (1 acre) 36,753 s.f. ( .84 acre) Lot Area: List of Exhibits A Application B Elevations/Floor Plan C Photo of Property D Property Owner's List E Sample Restrictive Covenant Pertinent Code Section: 1. Section 10.03, Subd. 9 (F): Accessory Buildings-Plumbing: Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building. The accessory building will be used as an "art studio and gym". It will be located on the upper level of the detached garage. The art studio and gym will be used for personal use and will include a bath room with sink, toilet and shower. The detached garage is on the rear of the property. The property is located in the LR-1 B zoning district. The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size, and height. The accessory building ( detached garage) does conform to location, size and height requirements set by code. In October 2001, the applicants applied for and were approved for lot width and accessory building without principal structure variances to construct a new residence on the property. The existing house was demolished and a new residence and detached garage are currently under construction. Before a permit was issued setback, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was designed to have a gym, art studio and bathroom above it. When the variances were approved the owner stated the bathroom would be roughed in at construction time and at a later date if/when they wished to put it in, a conditional use permit would be applied for. The subject property is on Lake Minnetonka and is sewered. #02-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit 3/14/2002 Pagel I Items for Discussion: 1. Does Planning Commission find that the proposed use will not be detrimental to the neighborhood? 2. Does Planning Commission find that the proposed fixtures are in keeping with the intended use as an art studio? 3. Does the property owner confirm acceptance of the restrictive covenant being placed on the chain of title placing conditions on the accessory building? (See Exhibit E, which contains the standard limitations for such use on page 2). Staff Recommendation: Staff recommends approval for a Conditional Use Permit for plumbing in an accessory building for property located at 1520 Bohns Point Road based on the structure meets the requirements established by the Municipal Code for an "accessory structure with plumbing" CUP subject to the following condition: The property owner files the appropriate restrictive covenant on the property for an accessory building with plumbing. #02-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit 3/14/2002 Page 2 .A Application# 0 2-2 7 S ~ · Date Received /-~o -o -z._ Amount Paid #16:,0D CITY OF ORONO -GENERAL LAND USE. APPLICATION PROPERTY LOCATION · Site Address f 52o .fof-lN~ fbff-.:'F·-~~ Type of Application to be Filed R=-~P:sun>L J:.-.Ct:.f$$of2't( t..,S=._ Property Identification Number (P.I.D.) ________________ _ APPLICANT .1-:~ ~ A 1 "\,-y Phone (home)--"'1"."""::5-l-r-~-=-1-==l_.1___:7....:..7_2-_;_ Name .))A'i \ D c;: ~oDI ~.., r:. Phone (work)...;;;;b'-=-. (2.......:.+-_£5--'i--'-r-_, =3,9...=..;~=-S=-- Address =32.~C ~t--f~ B::?tt--'I' City _C{2J_,!_D...::.:t-l~6==----ip 55~~j O\VNER (if different than _applicant) Phone (home) _______ _ Name. ________________ Phone (work). _____ ......;.._ __ Address _____________ City _______ Zip ____ _ FEES -CONDITIONAL USE PERI.VIITS - $ 75.00 For each variance request with CUP application ------:::f§: $175.00 Residential Accessory Use --- --- --- --- --- --- --- --- $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) ---$300.00 Vacation ---$200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ---$350.00. 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MINNETONKA, MN. mos 952/939-0801 t RUN DATE 02/05/02 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 38 08-117-23 44 0010 03225 BOHNS POINT LA H & V SWEATT · HENRY L SWEATT C/0 LOWRY HILL 90 7TH ST S 115300 MPLS MN 55402 38 09-117-23 33 0003 01420 BOHNS POINT RD M & V WAGENER .MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 01520 BOHNS POINT RD J A DALVEY & D F DALVEY DAVID A & JODI F DALVEY 1520 BOHNS POINT RD WAYZATA MN 55391 TAXPAYER TOTAL BATCH 503 00009 NAME/ADDR # C ·~\ i, ~. t , ... ·'· . :, £,'.::·: .. '.} ~ t~ .. "..',;:/t ; :1 . ,.. .. ·~'-:,,"' .. ,. :=. 0 -Ji HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LI~T REPORT NO. PI435401 PAGE. 6 .-•~~" ,..,' "~ I.; •· ·<!·or·· ,•c•::--,.,. . . ·-~ ·, ·•:t". . ,• ·-= 38 08-117-23 44 0014 01535 BOHNS POINT RD RICi,ARD A BORN RICHARD A BORN 1535 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0004 01480 BOHNS POINT RD CIILOE HELD MORAN CHLOE HELD MORAN 1480 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23·33 0007 01540 BOHNS POINT RD MARY JANE HAUSER HA.RY JANE HAUSER 1540 BOHNS'POINT RD WAYZATA MN 55391 38 08-117-23 44 0015 01595 BOHNS POINT RD RICK BORN RICK.BORN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005· 01500 BOHNS POINT RD BARBARA B JOHNSON TRUSTEE EUGENE & BARBARA JOHNSON· 1500 BOHNS POINT.RD WAYZATA MN 55391 38 09~117-23 33 0008 01580 BOHNS POINT RD R L ROVICK & CJ ROVICK ROGER L ROVICK 1580 BOHNS POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE .AND TRUE. REPRESENTATION Of INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS: OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. . · · ~~~: / :( ' DATE,:Z --6-~;l BY~,,c......,_.,.'/L...,._""'_::;...a:a,qc_.---"""'~-"---=-=--. . . ,••···. .· ', I .... } ... ) °' CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this ___ day of _________ , 19_, by David Dalvey and Jodi Dalvey (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest comer of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section to the shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9 (F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (F)(3)(B), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9 (F)(3)(B) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. Page 1 of 4 NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest. House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. Page 2 of 4 CITY OF ORONO: By: ____________ _ Its Mayor By: ____________ _ Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ----------, 20 __ , by and ______________ , the _____________ and ___________ of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By: ___________ _ By: ____________ _ ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________ , 19 __ , by _____________ and ______________ (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public Page 3 of 4 FEE OWNER(S): By: ____________ _ By: ___________ _ ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________ , 20 __ , by and ______________ (husband and wife) as their free act and deed. Notary Public Page 4 of 4 CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 612-249-4600 TO: David & Jodi Dalvey 1520 Bohns Point Road Wayzata, MN 55391 ZONING FILE# 02-2756 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 19, 2002 COPIES: TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: March 18, 2002 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on March 25, 2002 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Application # 0 2 -2 7 5' ~ Date Received /-so -o '2- Amount Paid .j/ / 7S: CITY OF ORONO -GENERAL LAND USE.APPLICATION PROPERTY LOCATION Site Address /520 ~NS fbtf--:'T ~/SD Type of Application to be Filed R=-«sf.C~TJl)L A¢£5So@;( tJ$ =.... Property Identification Number (P.I.D.) _________________ _ OWNER (if different than applicant) Phone (home) _______ _ Name ----------------Phone (work) _______ _ Address _____________ City ________ Zip ____ _ Date Pro e Acquired ~~' _u_~----~--2.ao-~I ____________ (month/year) I (do (do not lsd own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - -.,..---$ 75 .00 For each variance request with CUP application % $175.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use --- $250 .00 Land Alteration --- Grading and filling -designated wetland or floodplain Grading and filling -501 cu . yd. or more __ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ---$150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $275 .00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation --- $200 .00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ___ $350.00 . Rezoning (PUD -refer to fee schedule) ___ $375.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 5 REQUIRED SUBMITTALS 1. V Completed Application Form. 2. ~ Describe request in detail. __ Ce ified Property Owners List of owners within 350', labels and plat map (you ust obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4. ~ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5. ✓ Attach legal description to application if not included on required survey. 6. V Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. __ Construction plan, if applicable (see staff for requirements). 9. __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUlVIENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner mus~ sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and c ect to bes of his/her knowledge. Applicant's signature ~,----:..~~~~~"¥.=--_-::_--:...-:.._-_-_-_--= ...... ~-Date _I /2,___~____,_/4_6_2-___ _ I I OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of inve tio nd verification of this request. L-~ Owner's signature 7 ;_...,_ ..... :.._ .... :_"::::::.~~::~~'F---""'--==;!------Date t _ 8 cJL (!} 2-J 1 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place arid advise the Building & Zoning Office of this change prior to the meeting. 1/ 7 6 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DAT A PRIVACY ADVISORY Malling 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: I. 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. First Middle Last [520 Address ( 'fS2.) SS3~/ 471 t7T72- City State Zip Phone I understand~d above . Signature ~-~---~ 7 Telephone (612) 249-4600 • Fax (612) 249-4616 ' I Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and info1med of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Sah1rdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 clays either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 8 ~~ .. ~1lll?-Of'l:':1t ~~.~~~.~--·· ~~It ED f!~.~!_.Elevation TYPICAL EXTERIOR (D CIJITtr. o>m: mo Ct:PN: r,1,$CIA -~r DCTM. wouo ' ' ' ' ' ' ' C:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::t.:::1,. CD ~~~!,!levation MATERIALS @et1 '°17CJ'Oll?IOV012XBWI Otfl'OO(;ffl'l,1,le.\5C -t 1:\11.rRDir W/ Clf100G T!(t!AT l!A!L-~DCTANO!tD 0 "1 lo017 0:0\nl O~U' 2.J:6 VI/ M700<i U:tt 11,f 1145( • nr. AT LOwti: 0.Vl'. il 4.!!it.Of'07GUT!>fONC~Tr.tl 12 IX.. ct:DU: 1111 OVP'UY M WAU DOO, rtr.tt'.lU. .U, IX&CCDU:!1!11O~0'.L,l.fATDOOl:~5! I"'"'"""'"''"" :XC.Cfll.U:MIDOWJAtt>Tf:11 ZMTRt!ONCOGC•n.J.IHITJ171 i ~ 2-v:.· AAattD m1 om: lX-,J!~tp FA~ l:Oortl(;l'O: !>l'!C!> "UlO rttlt • im;.11.. AT u.tlLI: n,0$ 5T.u¢'ttCost"1COl'l'!l'tR001l!C, COHCl:tft OC~ ftC. COJ.N,I lGTG.tl~ • TTf'&AI. $TOKVCNCD: !>OUltR U:5. !iTONt AAO! l'l:OXCTl'.ll t'K 1" ~ TTl'Ul ED !:!f!.,~ide Elevation :14) 4" !!TOI< V2 \1/AU GIJ'!, -TTPt.~ ~ DOl: eu.,,, -11H '°1.7 GP.OWN ovri: :XD WI t,110,X. TRJ\ AT t.\5( -Ste 00'.-IL NOtro ~~oro,m SU nttlW/ ell ,;()17C.,::OWNOVD! DIil.Um: lX mt·~ PCTlol.HOTO> 10 rm ovo: 1no FASGlll • ~ At tall.( 00!, W..U ,t ca.NC lK AT M»: CDA'!it1tD) :,tf 5,CCTICffl, -~!_~~-~:?: ... ·~ ~!-~~~~-~ .:.1 ':-~!~. . ... ·-$- :::di .......... ~-~~.-~~.~-•·~ ' ' ' ' ' ' ' ' ::'::.,J::::::::::::::::::::::::::::::::::::::::IJ ED ~l~t Side Elevation > UJ > .. ...a 0 cc. : 0 s ~-~ "" 0~ c.>o ~~ .,, . <,., """" ~~ = 0 ~ = ;.;; 15':!0 OC)j.JNS POINT ORONO.MN. Rtv,so-. 17-04:0( l':M4-0! 08 ORA";,'NB'I' MIKJ;;;C. QZOOO,~l-1a:;:Rr ROBIO-lAUD INC •-~,.....,-n ------,,.,,icn,..,..,.no,o,11t1nc--•=---rt/T ~"'l'-NIO!ltffli,. """"!IIM>:O_f_...__., ·-~11,"'1 .. -~ -••••m,..,. __ _,. ,-,..,..-,o,;.,c,....,.,...-, _,.._,u._ •--lll(ITHll.J\.OIO DAT( ___ _ iPACt--Of_ .. _,,,,.. \"-(,· < ► P II 1p 1 !i'iP n ~i d Ill l ~;~1 ~ RESIDENCE FOR Q DAVID & JODI DALVEY ~ ll •;'11'111:1! ! ~~ §~ •:!1 ii Lld1 1 ~~ r 11 Ad ~~ I•• a, i1!'P l ~11 ; ll PARAGON CORP. 1P li ji,•p I ! ,. I : 0 ' I ~ MINNETONKA, MN. mos 9S2/939-0808 K • ' ' I Hennepin County Taxpayer Service~ Department .... 'i" ... (6) (2) ' I"' ~~ 3 it (8) (3) ' ' 1 ' !? .. r~ ,-,.: 204.~$ 430.26 ' (9) ~ fl (4) ~t-------------1 rn,+-------"''"~· .. '---L_----'.:~~:!!._-..l...... _ _.!cf'61!!_____j f- ' ' ·~ !f 'z '~ :i ' ' ' ' ' ' r, ... 3t ~~t ~ii I ~ § a_ (5) i-----------1 :q O 8 ij CX) ~ i!: ~ (6) Parcel Information Parcel ID 0911723330006 House Number 1520 Street Name BOHNS POINT RD This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. (1) (.., C C l. C C C C C (., C C C C C· RUN DATE 02/05/02 BATCH 503 PROP ADDR OWNER NAME °TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 08-117-23 44 0010 03225 BOHNS POINT LA H & V SWEATT · HENRY L SWEA TT C/0 LOWRY HILL 90 7TH ST S #5300 HPLS HN 55402 38 09-117-23 33 0003 01420 BOHNS POINT RD H & V WAGENER .MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA HN 55391 , 38 09-117-23 33 0006 PROP ADDR 01520 BOHNS POINT RD OW~ER NAME J A DALVEY & D F DALVEY TAXPAYER DAVID A & JODI F DALVEY NAHE/ADDR 1520 BOHNS POINT RD WAYZATA HN 55?91 PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH NAHE/ADDR 503 00009 HENNEPIN COUNTY PROPERTY iNFORHATION SYSTEM PROPERTY OWNERS LI~T 38 08-117-23 44 0014 01535 . BOHNS POINT RD RICl:IARD A BORN RICHARD A BORN 1535 BOHNS POINT RD ORONO HN 55391 38 09-117-23 33 0004 01480 BOHNS POINT RD CHLOE HELD HORAN CHLOE HELD HORAN 1480 BOHNS POINT RD WAYZATA HN 55391 38 09-111-23 ·33 0007 01540 BOHNS POINT RD HARV JANE HAUSER HA .RY JANE HAUSER 1540 BOHNS .POINT RD WAYZATA HN 55391 REPORT NO. PI43540l 38 08-117-23 44 0015 01595 BOHNS POINT RD RICK BORN RICK BORN 1595 BOHNS POINT RD WAYZATA MN 55391 PAGE. 6 38 09-117-23 33 0005 01500 BOHNS POINT RD BARBARA B JOHNSON TRUSTEE EUGENE & BARBARA JOHNSON 1500 BOHNS POINT RD WAYZATA HN 55391 38 09-117-23 33 0008 01580 BOHNS POINT RD R L ROVICK & CJ ROVICK ROGER L ROVICK 1580 BOHNS POINT RD WAYZATA HN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE .AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ OATE;2 .,5-,,,;;z_BV~//~ .J ._) :.J - ..) Application# 0 2 -2 7 S (p Date Received /-30 -o '2- Amount Paid J'J7S CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address t 520 ~N~ ro, I-=' F--~A~ Type of Application to be Filed R=-<Sf+:>5f-m')L A¢z.SSo/27' t,;'S =.. Property Identification Number (P.I.D.) ________________ _ APPLICANT _ Phone (home )_1_5-h-.-Lf,--7_f ~_1_;_7....:....7_2__ Name .:bA'l \ D ~ ~~I ~ '-/ i:: Y Phone (work)--=b_,_(2-~_8..:....I 1'=--•...:::3:....:..<=,-=-~s-=-· _ Address 32~c, ~NS ft?fµT' City _c,f!J----=---~--'r-1~6'-----ip 55~~ j OWNER (if different than applicant) Phone (home). _______ _ Name ________________ Phone (work). _______ _ Address _____________ City _______ Zip ____ _ FEES -CONDITIONAL USE PERMITS - ______ $ 75.00 For each variance request with CUP application ;j§:: $175.00 Residential Accessory Use ---$250.00 Institutional ( church, school, etc.) ---$225.00 Guest House/Guest Apartments --$200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use ---$250.00 Land Alteration ---Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ------$150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$275.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation ---$200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ---$375.00 Comprehensive Plan Amendment $100.00 Appeals ---Other -see Fee Schedule ---#n ~rJ!~ .. ~ . - 5 REQUIRED SPBMITTALS . 1. V Completed Application Form. 2. ~-✓-escribe request in detail. Y Ce ified Property Owners List of owners within 350', labels and plat map (you '----ust obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4. V Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5. ✓ Attach legal description to application if not included on required survey. 6. V Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. __ List of the legal names (include marital status) of all persons with an interest in the property.•· This would include name(s) of applicant(s) if not current owner(s). 8. __ Construction plan, if applicable (see staff for requirements).· 9. __ As an addendum to this application, please· attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCm-IENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and c ect to bes of his/her knowledge. Applicant's signature A,,..~~==<~~~¥:.~---_-_-_-_-_-_,,4--Date _I /2~?ftJ._"_,_/4_C'_L. ___ _ ti OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of inve · tio nd verification of this request. ;~ ✓ Owner's signature --1~--,-~~:_ .... .:::...,•;::_'~==---:::;r=-...:::,,..--====:;;----Date t 3cJ _CJ 2-J I Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place arid advise the Building & Zoning Office of this change prior to the meeting. ,-; J,-: .~-~~-.. ~~-·.~.~ r 1 , •• j '· . -.._ ·.·, , 6 ,•:--.I ~~.~~.~)t_ ' ' ' I II f I I ,-1::rr.L ::1.. .... = :::::::::::: :.:..'.:: . .,.: = =·-========= :.1. l.. ==~=: == == :: ==== == : ... :=~ ED ~~.~!_,Elevation ' ' ' ' ' ~:::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::S::/ ED ~~~~.~levation TYPICAL EXTERIOR MATERIALS Q)WTTtltom woceou:.rA,ca-!>l:tPtTAl wotrn @ei-t'°17Q'OWN OVQ: 2XIIW/ttl700lottt!AT 1!-4& + !XII rxott WICl'f100G TrJ'IAl M~ -~ otlALHOTCD @1)11 !.017 Gl.':OIIW OVD' 2.18 W/ l'.tl700(; TRtl AT MS: -TYP. AT LOW!R t'.AYf 14'5lOf't'.DCUf!,TONt!sll.Tr.n JI.I, CCO&r. TI!Ji OVDUY Al W.Ac.t: llOCf: nr.KTot lll!i [;l:l).&11: ffl1 O\'OUY AT llOOli: CJ.!)? )4)4' !>TOI¢ 1/2. WAI.I. CAI'!> -~ ~C!l)U YIINl)OWJAl'l'.ln:tl I u.. ;H✓:· ""°"° 11:t1 o~~ 11-ARC11t11 rA!,GI,\ .-:oor111;.ro:~cs 1.':IOl'ltl:Zt-TY!'(.AL.Afi;ADLttND!> ST»IOOC,!it.lMC()l'ffl:RocnlG COH(;F.tltot~NC.COJ.tNK,TG.ln-m'ICAI. STOM:vo.rot SOID!f:t.RS.STOH(IJ!Oll'!tOJ:Cn:or,tr-tl'f'C.i!. ~DOX Dl'.AM-M 0017 c,;:oWH ovt~ ~WI ?t1700G mMAT llA~ -St? DC'TAt. 11cm:o ~~Of'TJJ1MSU. m-lW/ ml <.0170:0WNOVO:DCLI.Aln'.U mf -$t(t>!TAlHOT[t) i"'"'""""""'' 2MT1tt10Hroa:-v..weri:t1 lDTRt10</0l;1l!OrA!,Cll,--rm;JL,t.TGACLICNPS WAU. + c.tl.Ni,;. 1.K AT !,l~ CtlA$11f0) m ~TICN!> ' ' ' ' ' ,.., _· ----====-==--·-===·::::::..::::::---4-_/-, CD ~!t_,~ide Elevation )ti) u._ rw~ onow DOOi!: THl!t5110\.D )'l)c;O)AA~51)tjC zt..Tf:110'/t/lU~ .~!.~~-~!!: ...... ~ ... ~! -~~-~~·-$- . ~!.~.. . ···-$- sl ······· .. ··· ... :::'':' .. ~':'~.-$-l ' ! 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'and data from City~ County; and State road authofitie.(, ,~ RUN DATE 02/05/02 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME 38 08-117-23 44 0010 03225 BOHNS POINT LA H & V SWEATT · HENRY L SWEATT C/O LOWRY HILL 90 7TH ST S #5300 HPLS MN 55402 38 09-117-23 33 0003 01420 BOHNS POINT RD H & V WAGENER MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 01520 BOHNS POINT RD J A DALVEY & D F DALVEY DAVID A & JODI F DALVEY 1520 BOHNS POINT RD WAYZATA HN 55391 TAXPAYER TOTAL BATCH 503 00009 NAHE/ADDR # \ '•\ . C ¾ 1~ j) ,::.' i< ' ~j ~~ . , .. , t-' ,•· .. >' ; 0 ~· HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LI~T REPORT NO. PI435401 PAGE 6 ~' .. · @ 'Oi __ <···•0 ,· I . ../.',{.\ ·,\ ,,_,,·ii . . 38 08-117-23 44 0014 01535 BOHNS POINT RD RICf:IARD A BORN RICHARD A BORN 1535 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0004 01480 BOHNS POINT RD CHLOE HELD HORAN CHLOE HELD HORAN 1480 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0007 01540 BOHNS POINT RD HARV JANE HAUSER MARY JANE HAUSER 1540 BOHNS POINT RD WAYZATA HN 55391 38 08-117-23 44 0015 01595 BOHNS POINT RD RICK BORN RICK BORN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 01500 BOHNS POINT RD BARBARA B JOHNSON TRUSTEE EUGENE & BARBARA JOHNSON· 1500 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0008 01580 BOHNS POINT RD R L ROVICK & CJ ROVICK ROGER L ROVICK 1580 BOHNS POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. . -~ ~ DATE;:2 -6-P;z_BY~,,,,...,_-U.. .... ~,_-"""· =-;,<--=;~-=--=...._ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #02-2756, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of March 2002. dfA£,1_ Denise M. Leskinen ORONO PLANNING COMMISSION Monday March 19, 2002 6:30 PM 2750 Kelley Parkway -Council Chambers AGENDA Council Representative: Jim White AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the April 8, 2002 City Council meeting unless otherwise noted by the Chair. CONSENT 1. #02-2756 David and Jody Dalvey, 1520 Bohns Point Road, CUP (Staff: Wendy Bottenberg) 2. #02-2760 James Cusack, 4140 Highwood Road, Variances (Staff: Wendy Bottenberg) 3. #02-2765 Wilson Management Ltd., 740 Willow Drive South, Renewal Variances (Staff: Wendy Bottenberg) OLD BUSINESS 4. #2333 Proposed Zoning Code Amendment, Section 10.20 Subd. 4C, Home Occupation Standards (Staff: Mike Gaffron) 5. #02-2745 Ilona and Kenneth Peterson, 1074 Wildhurst Trail, Variances (Staff: Paul Weinberger) 6. #01-2731 Navarre Amoco, 3360 Shoreline Drive, Commercial Site Plan Review and Variances (Staff: Paul Weinberger) NEW BUSINESS 7. #02-2740 Jeffry and Nancy Twidwell, 1865 Concordia Street, Variances (Staff: Wendy Bottenberg) 8. #02-2752 Jerry and Cindy Gray, 880 Partenwood Road, Variances (Staff: Paul Weinberger) 9. #02-2757 Terrance C. Johnson, 1045 Linden Lane, Renewal Variance (Staff: Paul Weinberger) 10. #02-2758 Robert D. Pieper, 3995 North Shore Drive, After-the-fact CUP (Staff: Wendy Bottenberg) 11. #02-2759 John Collette, 2160 West Wayzata Blvd., CUP (Staff: Paul Weinberger) 12. #02-2761 Addison and Cindy Piper, 1125 Spring Hill Road, CUP and Variances (Staff: Wendy Bottenberg) SKETCH PLAN 13. #02-2763 Clayt and Julie Ann Tabor, 960 N. Brown Road, Sketch Plan Review (Staff: Paul Weinberger) SCHEDULED PUBLIC HEARING 7:30 PM 14. #02-2764 Review of Proposed Commercial PUD Ordinance (Staff: Paul Weinberger) PLANNING COMMISSION COMMENTS 15. Report of Planning Commission representatives attending Council meetings February 25, 2002 and March 11, 2002. 16. Other issues for discussion. 17. Planning Commission approval of minutes for February 19, 2002. 18. Selection ofrepresentatives for City Council meetings on March 25, 2002 and April 8, 2002. ADJOURNMENT · CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, March 18, 2002, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #02-2740 2. #02-2752 3. #02-2756 4. #02-2757 5. #02-2758 6. #02-2759 7. #02-2760 Jeffry and Nancy Twidwell, 1865 Concordia Street, request lot area, lot width, hardcover, and structural lot coverage variances to permit construction of a new residence on the property, and request a variance to keep the existing deck located within the 75' lakeshore setback. Jerry and Cindy Gray, 880 Partenwood Road, request variances to permit an alteration to existing hardcover over 25% for construction of a lakeside screen porch and deck, and variances to permit installation of a new driveway increasing hardcover within the 75-250' lakeshore setback from 7,321 s.f. (38%) to 8,394 s.f. (44%) where 25% is allowed. David and Jody Dalvey, 1520 Bohns Point Road, request a plumbing in accessory building conditional use permit for installatioi:i of a bathroom within a detached garage. Terrance C. Johnson, 1045 Linden Lane, requests renewal variances to lot area, lot width, and hardcover to permit replacement of an existing foundation, and raising the house within the 75' lakeshore setback. Robert D. Pieper, 3995 North Shore Drive, requests an after the fact conditional use permit to permit a guest apartment within the primary residence . John Collette, 2160 West Wayzata Boulevard, requests a conditional use permit for use of a portion of the Orono Shopping Center building for general office use as an automobile brokerage business. James Cusack, 4140 Highwood Road, requests lot area and lot width variances to permit new residential construction on the property with a lot area of 11,888 s.f. (0.27 acre) and lot width of 50' where the LR-1B zoning district requires lot area of 1 acre and lot width of 140'; and requests a variance to permit an accessory building to remain on the property absent a principal building. 8. #02-2761 Addison and Cindy Piper, 1125 Spring Hill Road, request a conditional use permit for a guest house, a plumbing in accessory building conditional use permit and variances to permit replacement of existing plumbing within a pool house, and request variances for construction of a 13.5' X 25' screen porch encroaching 15' into the average lakeshore setback, where no encroachment is permitted. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by March 14, 2002. Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Paul Weinberger, Zoning Administrator/Planner To be published the week of March 2, 2002 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office CITY OF ORONO · 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952)249-4600 Fax (952) 249-4616 NOTICE . The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, March 18, 2002 , beginning at 6:30 p.m .. on the matter of reviewing the following .land use applications: · · 1. #02-2740 Jeffry and Nancy Twidwell, 1865 Concordia Street, request lot area , lot width, hardcover, and . · structural lot coverage variance~ to permii construction of a new residence on · the property, and request a variance to keep the existing deck located within the 75' lakeshore setback . · 2 . #02-2752 Jerry and Cindy Gray, 880 Partenwood Road, request vari- . ances to permit an alteration to existing hardcover over 25 percent for construction of a lakeside screen porch and deck, and variances to permit installation of a new · driveway increasing hardcover within the 75 • 250' lakeshore setback from 7 ,321 s .f. · . (38%) to 8,394 s.f. (44%) where 25% is allowed. 3 . #02-2756 David and Jody Dalvey, 1520 Bohns Point Road, request a plumbing in accessory building condition- al use permit for installation of a bathroom within a delaclied garage . · 4. #02-2757 Terrance C. -Johnson, 1045 Linden Lane, requests ren ewal variances to lot area, lot width, and hard- cover to permit replacement of an existing foundation, and raising the house within the 75' lakeshore setback. 5. #02-2758 Robert D. Pieper, 3995 North Shore Drive, requests _an after lhe · fact conditional use .permit lo permit a --· ,--, "I guest' apartment within the primary res)'.' 1 dence. . . · , ··. ·-.. ·I 6 . #02-2759 John Collette, 2160 West Wayzata -Boulevard, requests a conditional use permit for use of a portion of the Orono Shopping Center building for gene ral offi_ce use as . a!l automobile bro:· J kerage business . . . . · : . 7 . #02-2760 James Cusack, 4140 Highwood Road, requests · lot area and lot width variances to. permit new residen-_. tial construction on the property with a lot area of 11 ,888 s.f .. (0.27 acre) and lot j width of 50' where the LR-18 zoning dis- trict requires lot area of 1 acre and lot width of 140'; and requests a variance to permit an accessory building to remain ·on the property absent a principal building . \ 8 . #02-2761 Addison and Cindy Piper, 1125 Spring HIii Road , request a: · conditional use permit for a guest house, , a plumbing in accessory building condi-, tional use permit and variances to permit replacement of existing plumb ing within a pool house, and request variances for construction of a 13 .5' X 25' screen porch encroaching 15' into the average lakeshore setback, where no el\croacti- ment is permitted . · · · All persons wishing . to be heard are encouraged to attend this meeting . Written comments.are accepted and .shall be submitted to the City of Orono by March 14, 2002. Plans are available in the City Offices . For ·an appointment, please .· call (952) 249-4600. ' ' City of Orono By: Planning Commission Paul Weinberger, _Zoning Administrator/Planner · (Published in the Laker and Pioneer March 2 , 2002) .\ Aft. __ avit 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.) The printed 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 _2 __ day of __ M_a_r_c_h ____ 2002, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2002; ~ Suscribed and sworn to me on this _2 __ day of . March , 2002. ,/ ,1.· By :_/_t~~itrL ............... M~·n) ____ _ (_ __ , _ _ __ Notary Public -------· ,_ -:s;:;: :;:2ze?cfZ?2?-2<, --/ .. -~? KRISTI HOL'-' · . ,·-~ .. ~-~ I.I i".. ;;) '· t__J;< NOTARY PUBLIC· MI NN'.:SC:, j.' ~l ""•'' · My Conmiisslon Expires Jq11. 31. ~. j , ~aaae:::::.: 2222.z.z.z~ -::.:_-:-:,; Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79 . □ □ □ □ □ ·□ □ □ TRACKING SHEET FILE NO.:f:i!]S(p Staff: \N ~r~ · _Applic~nt: 0 A-U1 D. '¼ 3 o ))I: ])A L:V B{ A·d1;~;: :-. .. \. 520 · .66~~\S -;-·· r~ t}jl (2j) · . Meeting with Staff: Date Application Completed: z_ h1!02. Incomplete Notice Sent: - Date Property Owners Notified: -3 · --8' -o;;z Date Legal Notice Published: 3 -a--O;;;L PC Meeting(s): 3-/~-o a Notice of PC Action: 3 -rC/✓o ;)._ City Council Meeting(s): 5 -dovO~ .. D Resolution X:\APPS\WPWIN60\WPDOCS\CAROLE\FORMS\TRKNG.SITT David & Jodi Dalvey 3230 Bohns Point Lane Wayzata, MN 55391 : ·.. . . . . . uJ -~ ~ · Zip·:-· .· S:5 3 q j · · 60Day: '/ /2 0 Jt) z_ Vote: · 1-6 Cm~..t- Vote: Vote: Vote: 5.✓o App;Uy-U-L . ~ : Vote: -~· Vote: