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HomeMy WebLinkAboutProject PacketMemo To: Finance Department From: Christine Mattson , Planning Assistant CC: Zoning Date: 11/7/2011 G/L: 101-22205 Re: Escrow Refund Planning & Zoning Department Zoning Application #10-3438 pertaining to 1535 Sohns Point Road is complete . Planning & Zoning Coordinator, Melanie Curtis , has requested a refund of their $2 ,500 escrow. The following is attached: • Email from Bonestroo indicating no unbilled WIP on this project • Email from Campbell Knutson indicating no unbilled WIP on this project • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: DNA Properties , Inc. PO Box 651 Wayzata , MN 55391-0651 z :\zoning applications\2010 zoning applications -#3438 thru #3494\10-3438 (1535 bohns point rd ) prelim plat\escrow refund memo 11-08-2011 .doc Christine Mattson From: Sent: Darren Amundsen [Darren.Amundsen@bonestroo.com] Monday, November 07, 2011 9:52 AM To: Subject: None here. Darren Amundsen, PE Associate Bonestroo, now Stantec Tel 651-604-4894 Christine Mattson RE: Unbilled WIP Cell 651-775-5623 darren.amundsen@stantec.com stantec.com Bonestroo has joined Stantec. a professional services consulting firm recognized for its leadership in sustainability, depth and diversity of talent, and technical expertise. The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. ~ Please consider the environment before printing this email. From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, November 04, 2011 3:19 PM To: Darren Amundsen; 'Sherry Charboneau' Subject: Unbilled WIP Good afternoon, Any unbilled WIP for the following zoning applications? 10-3442 10-3438 10-3485 2180 North Shore Drive 1535 Bohns Point Road 3268 North Shore Drive Thanks and have a great weekend! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono · MN i 55356 (physical address) PO Box 66 Crystal Bay MN · 55323-0066 (mailing address) if 952.249.4620 @ 952.249.4616 ~ cmattson@ci.orono.mn.us "El www.ci.orono.mn.us Office Hours: Monday -Friday 8 am to 4:30 pm The Hill School DNA Properties, Inc. Fred A. Johnson/ Tonka Lake Properties, LLC OUR OFFICE WILL BE CLOSED: Friday, November 11, 2011 {Observance of Veterans Day) 1 Christine Mattson From: Sent: Sherry Charboneau [SCharboneau@ck-law.com] Monday, November 07, 2011 9:33 AM To: Christine Mattson Subject: RE: Unbilled WIP Happy Monday Christine: Campbell Knutson does not have any unbilled WIP for the zoning applications listed below. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve• Suite 317 • Eagan, MN 55121 ii? (651) 234-6230 • Fax: (651) 452-5550 l:8J scharboneau@ck-law.com • www.ck-law.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, November 04, 2011 3:19 PM To: Darren Amundsen (darren.Amundsen@bonestroo.com); Sherry Charboneau Subject: Unbilled WIP Good afternoon, Any unbilled WIP for the following zoning applications? 10-3442 10-3438 10-3485 2180 North Shore Drive 1535 Bohns Point Road 3268 North Shore Drive Thanks and have a great weekend! Christine Mattson Planning Assistant City of Orono The Hill School DNA Properties, Inc. Fred A. Johnson/ Tonka Lake Properties, LLC 2750 Kelly Parkway Orono MN i 55356 (physical address) PO Box 66 • Crystal Bay MN 55323-0066 (mailing address) if 952.249.4620 6 952.249.4616 L8l cmattson@ci.orono.mn.us ; www.ci.orono.mn.us Office Hours: Monday -Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Friday, November 11, 2011 {Observance of Veterans Day) 1 LAND USE APPLICATION ESCROW A~REEMENT Application # / 0 -;3L/-5 !? AGREEMENT made this , ~ day of [)e?&rnf:x-r20 e>Cf, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and LJA/A / ~ ot££r1 E..f , //VC' , [a corporation -optiona~ ("Owner"). Recitals 1. Owner has filed .&'.oning Application # I 0 review plans for ~bd I vi~ r located at5g $ _n.f" P'IJ, vvf- formally requesting the City to the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. _2. Owner requests the City to review said plans which requires City approval including 'fi/7iff -?f/1{d) nee,Y" 7" fl)itDVf'lUj l(WI. f/111. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ -Z..';i}o-with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owner, reviewing the plans, and preparing agenda packet material for City Council review of application # ·IO -'3t./:3Q' . Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow ar.;ount falls below 7G% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject ro erty pursuant to Minn. Stat.§§ 415.01 and 366.012. ,,, / r City of Orono Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Application # Date Received: --'-'=-11,,,..........,.-"'--~- Amount Paid:,., __ ..----...!~~-- Staff: Fee: Renewal: _______ _ This application form must be completed in full. PROPERTY INFORMATION: Site Address: /S"..15" $d;ht/J /d.1.U-r A OA ,1 Property Identification Number (PIN): ..:;.O...,J':..........:-1....:.1_7_-.......;2=3'----"-7'___,~;__---=-C)....:.o-=2=-3;;.._ ____________ _ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ____ ~Abstract or □ Torrens, please check one Present use of property: ~ Residential □ Other Zoning District: _L....,4:..,.._-_,1........,./l"------ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: t Phone (home): ____________ Phone (work): Address: Email: ----------'------------EXISTING LAND U$E: Number of Tax Parcels: novolnnmont .~i70· --.. -• .... r-·'•'--·•· .. -·--· 1 Acres Dry Land o Acres Wet Land ---- Fax: __._Z:.::;_• J>>:.......:.9' __ Acres TOTAL, all parcels Present Use (check one) ~ Residential; Number of Units: □ Other: (Specify) Present Zoning District L.~ -18 =-'--'---~----- Proposal: □ Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) ;g:: Subdivision for New Building Sites Number of Building Sites / Existing Units (ro/1. IJot-v~ Proposed Gross Density Minimum Lot Size Proposed Use (check) 2 New Units 3 Total Units ..7 Units per .t._/,, J''f Acres 7' .l 5Ct? Square Feet Dry Buildable Land ,K Residential □ Other (specify) 10 DEC ]( 'I MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of 4 · Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of .any other persons you wish notified of this 5· application. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 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. APPLICATION FEES (Zoning Administrator to check {X] those wtlich apply) A. Application Base Fees: · Sketch Plan Review (Class I, ll & Ill) $350.00 --Subdivision of a Lot Line Rearrangement $600.00 --Subdivision Application (Class I & II) $600.00 _x_ Preliminary Subdivision Application $750.00 + $30.00/lot (Class Ill & all non-residential) __ Final Plat Application (Class Ill) $250.00 __ Legal Review and Filing: Subdivision only $140.00 --Subdivision w/easements and covenants; minimum $280.00 + any additional costs __ Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (as incurred) --Renewal of Class I, II, & Ill Subdivision and ofa Lot Line Rearrangement Application $300.00 B. Special Improvement Fees: Proposed Private Roads $650.00 + $.50 per lineal foot; ___ lin. ft. x .50 = $ __ --Proposed Public Roads $950.00 + $.50 per lineal foot; lin. ft. x .50 = $ __ --Request for City to Accept Existing Private Road $950.00 --Proposed Sanitary Sewer Main Extension $275.00 + $25/stub --Proposed Watermain Extension $275.00 + $25/stub TOTALS --Proposed Storm Sewer System (excluding culverts) $250.00 == On-Site System, Site Evaluation Review (applicable to rural subdivisions) .$60/per lot x _ new lots C. Flexible Application Fees/Miscellaneous Fees Variance $600.00 --Vacation of Public Road $75 per benefiting property ($600 minimum per application) Easement Vacation Associated with a Subdivision $100.00 __ PRO Application with Subdivision $35.00 per dwelling unit The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer, City Attorney, PlanningJ~ommission and Council necessary to process this application and further agr~~~ to pay all,adcf1tional fe~§" estc:!,bl!~hed by ordinance. / /// ----// . , t .-,,,,....--· / /, / / ,,. ' / / _,. / I -/ /.,/ Applicant's Signature: //::' / /_>,✓,,,,-/;~,;l;#:i;::/z,_;:::~,::., Date: Owner's Signature: iv~// .::: ' -;•c)f;,._,.,f=,f....,7+:-+A .... 12+!fl.!F-~--:-.,..._ -----------------Date: 1/-)/-o<? l/l-//-07 Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. 11 nr.~c· 11 t..-'L_, ,_., " '"""""' T"""f"'f"'•·--.. ·-·· --·-·r-·----·· 60 Day Deadline: Date Incomplete Notice Sent: Copy of Application Sent to: Engineer on __ _ DNRon ___ _ LMCDon ___ _ Date Property Owners Notified: Date Legal Notice Published: PC Meeting(s): Notice of PC Action: City Council Meeting(s}: Notice of Council Action: Resolution: ~lty of_ Orrmo _ i: !5U l(e l l ey Par!<i,1,w OroruJ MN -55355 · 952-249-4600 Receiot No: 3.001852 Dec 11, 2009 Albert ~-Catherin eAmiexstad Permits li09-3438 -1535 Botms Pt Rd 101-34230 Filir1g fees-electior1s/plats Total: Check B40,00 840,00 Check No: 117% 940. 00 Pavor; Hl6ert 6: Catheriri eAnrie;r:stad Total Appi ied: 840. 00 12/11./09 02:38PM ____ County on __ _ __ MCWDon Vote: Vote: Vote: Vote: Vote: Vote: gi!t ;~f~ prono c'.7::;o Kelley Park1~ay Oror·io l1i"'N ~ 55355 952-24 9-4-600 Receipt No: 3. 00i851 Albert & Catherine Annexstad PlarininQ arid Zoni fIQ l!:09-3438 -1535 Bohr,s P i~ l"l....! l, l"\U 101-22205 Deferred Rev-Developer Deposit Total~ Check 2,500.00 2,500.00 Check No: 117134 2:1 500.00 Pavor: Albert & Catherine AnneKstad Total Applied: 21 500,00 Change T etidered: , 00 12/li/OS 02:36PM Checklist for Refunding Variance / Land Use Escrow Variance# lO -345( Street Address: __ 15--==35=-__ tl>~hwu.;:;;.,,5>:........-..:.V_+-------'-~-------- Applicant Name: bN P< Prt0[-heJ:> Jlf-_. ~ Escrow request received Date: ~ / Is the resolution signed? @) No --t:\:: 03 / 1? rv~ \ rn 1 r\Q r y fLet + □ As-built survey? Yes ~ Approved: ______ _ _9/ Email CK & Bonestroo to see if there is any unbilled WIP. Date email sent: \ \-4-V\ □ Prepare memo for Finance Department Peter Zimmerman to note in spreadsheet titled 'DevDeposits201 O.xlsx' refund was made. z:\forms\zoning standard forms\checklist for refunding variance escrows.doc December 23, 2010 Melanie Curtis From: Sent: To: Cc: Melanie Curtis Friday, May 14, 2010 3:16 PM Mark Gronberg Tom Kellogg Subject: DNA Properties -Grading #10-3438 Mark Regarding 1535 Bohns Point Road -I wanted to let you know that the City will require the grading shown for swales down lot lines shown in your plans be completed before the City will issue any building permits. It may be prudent to complete the grading associated with the house pads as well. A security will be required before filing the final plat to assure this is completed. Potential buyers should be made aware that this grading is part of the approved plans. Additionally, the proposed house pads should be addressed by covenants if you wish to preserve the setbacks you've suggested in your plans . This will hopefully avoid having the first party to build from setting an unreasonable average lakeshore setback situation . Let me know if you have any questions on this. Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial : 952 .249.4627 Fa x: 952 .249.4616 Planning & Zoning Office 952.249 .4620 Email : mcurtis@ci.orono .mn .us Website : www .ci.orono .mn .us 1 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: DNA Properties, LLC PO Box 651 Wayzata, MN 55391 TYPE OF APPLICATION: DATE OF MEETING: ZONING FILE: 10-3438 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 11 May 2010 COPIES: Via Email : Mark Gronberg Subdivision, Preliminary Plat May 10, 2010 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the preliminary plat resolution previously mailed to you. Please arrange to sign the original resolution at the City Offices . **All persons with an interest in the property must sign the resolutions. Submittal of a complete Final Plat application and all required submittals shall be at least 4 weeks prior to the desired City Council meeting date. Upcoming Council meetings are as follows: June 14, 20101 June 28, 201 O July 12, 2010 July 26, 2010 August 9, 2010 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 questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono.mn.us or 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2010 7:00 o'clock p.m. 7. #10-3438__.DNA P__ROPERTIES, LLC, 535 BORNS POll~T ROAD -PRELIMINARY LAT-RESOLUTION NO. 5931 Mark Gronberg, Surveyor, was present. Curtis stated this is a preliminary plat application for a 4.89 acre parcel proposed to be divided into three conforming single-family residential lots . All lots would be served by public sewer and private water supply wells. The Planning Commission voted 6-0 to recommend approval of the preliminary plat application . Since the January Planning Commission meeting, the applicant has revised the proposed lot lines slightly to accommodate existing tree preservation easements over the southern portion of proposed Lot 3. The proposed lots continue to conform to LR-lB district standards . Planning Staff recommends approval of the preliminary plat per the resolution. Murphy indicated he does not see any issues at this point in time with this application and that some issues may arise at the time various applications are submitted for the individual lots. White asked whether the trend is to build slightly smaller houses . Gronberg stated in his experience, people have been proposing smaller plans. Gronberg stated he does not feel the large house that is currently on that lot will be replicated . McMillan asked if the dock for Lots 2 and 3 would be in the lagoon. Gronberg indicated the existing dock for Lot 3 would remain and that a new dock would be needed for Lot 2. McMillan asked if the docks would meet LMCD standards . Gronberg indicated they would . Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5931, a Resolution Approving the Preliminary Plat for Property Located at 1535 Bohns Point Road. VOTE: Ayes 5, Nays 0. #10-3456 TRUE NORTH HOMES, INC. N BEHALF OF STEVE DORE, 2172 OOD ROAD -V ARIANES -RES UTI McMillan mov Bremer seconded, adopt RESOLUTION N . 5932, a Resoluf Granting Variances to the O no, Minnesot , City Code, Sections 78-350 an 8-1288, fo roperty Located at 2172 Shadywood Ro d. VO : Ayes 5, Nays 0. 9. FOREST ARM CO TRY CLUB HOMEOWNERS ASSO ATIO JOINT USE DOC ICENSE -MINISTRA TIVE APPEAL O SURVEY Curtis stated ·nee 1984 the City of Orono li required that all rs of a joint use dock obtain a ity Joint Us ock License on an annual basis . In 9, Planni Staff conducted an assessment of the information on file for each of the joint use do The City had fallen into the habit of Page 6 of 17 Item Description: 10-3438, DNA Properties LLC, 1535 Bohns Point Road, Prelim Plat -Resolution Zoning District: Lot Area: Lot Width: LR-1 B, One Family Lakeshore Residential, 1-acre, 140' 213,008 s.f. (4.89± acres) 442' Application Summary: This is a preliminary plat application for a 4.89-acre parcel proposed to be divided into three conforming single-family residential lots. All lots would be served by public sewer and private water supply wells. On January 19th the Planning Commission reviewed the application, listened to neighbor input and voted 6 -0 to recommend approval of the preliminary plat. Since the Planning Commission meeting in January, the applicant has revised the proposed lot lines slightly to accommodate existing tree preservation easements over the southern portion of proposed Lot 3. The proposed lots continue to conform to LR-1 B standards. Revised Proposed Lot Layout: Lot 1: This lot is shown as having 1. 7 4 dry buildable acres and 141 feet of width measured at the 75' lake setback. Lot 2: Lot 3: Proposed Lot 2 contains 1.58 dry acres and is shown with 155 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The tip of property at the north end of the lagoon entrance has been revised to be included with Lot 2 as opposed to Lot 3 as originally suggested. This lot is shown as having 1.57 dry acres and 150 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The proposed plat shows that Lot 3 includes a small nub of land on the northern entrance to the lagoon. Planning Staff recommends approval of the preliminary plat per the Resolution provided within the report. The action requested this evening is for the Council to adopt or amend the proposed Resolution. /VU,vVplhj-(Iv{)~ ~velJ 0'7J ~ Lb lakiJV? ~/mnanot- /tf f ([}I& cs -0 ~ BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Page 1 of 1 I.\H ,-~\llhlHl[Olfi•-lO TIU Mi11.n sota ~ Onlri ne .\cce-ss DA Home UCC Business Services Account Session Briefcase Help/FAQs About Login BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: 3458188-2 Entity Type: Original Date of Filing: 8/18 /2009 Entity Date to Expire: Entity Status: Chapter: Good Standing: 2010 ( date oflast annual filing) Name: Registered Office Address: Home State: Agent Name: DNA Properties , LLC 121 E Park Square Owatonna, MN , 55060 MN No Agent Filed Limited Liability Company Active 322B .._[ __ A_d_d_it _io_n_al_E_n_ti...;;.ty_D_e_t_ai_l _ _,,] [ Return to Search List ] [ New Search DA Home I OSS Home I Contacts I Privacy Policy I Terms & Conditions Use of this site and services indicates your acceptance of the Terms & Conditions of Use . ©Copyright 2001 , Minnesota Office of the Secretary of State. All Rights Reserved. http://da.sos.state.rnn.us/minnesota/corp _inquiry-entity .asp?:nfiling_ number=3458188-2&e... 5/5 /2010 Date Application Received: 12/11/09 Date Application Considered as Complete: 12/16/09 120-Day Review Period Extended: 06/14/2010 REQUEST FOR COUNCIL ACTION Date: 4 May 2010 Item No. Department Approval~ {\ Name: Melanie Curtis ~ \ Administrator Approval: Agenda Section: Title: Planning & Zoning Coordinator Item Description: 10-3438, DNA Properties LLC, 1535 Sohns Point Road, Prelim Plat -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: LR-18, One Family Lakeshore Residential, 1-acre, 140' 213,008 s.f. (4.89± acres) 442' Exhibit A -Revised Prelim Plat Survey Exhibit B -Resolution per Planning Commission recommendation Exhibit C -City Engineer Comments on Revised Survey Exhibit D -Application Extension Requests Exhibit E -Easement Document No. 8570258 Exhibit F -Neighbor Comments Received Exhibit G -PC Action Notice dated 01/20/10 Exhibit H -PC Memo & Exhibits of 01/04/10 Exhibit I -Planning Commission Minutes -January 2010 Application Summary: This is a preliminary plat application for a 4.89-acre parcel proposed to be divided into three conforming single-family residential lots. All lots would be served by public sewer and private water supply wells. Since the Planning Commission meeting in January, the applicant has revised the proposed lot lines slightly to accommodate existing tree preservation easements over the southern portion of proposed Lot 3. The proposed lots continue to conform to LR-1 B standards. Revised Proposed Lot Layout: Lot 1: This lot is shown as having 1. 7 4 dry builda,ble acres and 141 feet of width measured at the 75' lake setback. Lot 2: Lot 3: Proposed Lot 2 contains 1.58 dry acres and is shown with 155 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The tip of property at the north end of the lagoon entrance has been revised to be included with Lot 2 as opposed to Lot 3 as originally suggested. This lot is shown as having 1.57 dry acres and 150 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The proposed plat shows that Lot 3 includes a small nub of land on the northern entrance to the lagoon. Planning Commission Recommendation 10-3438 4 May 2010 Page 2 of 2 On January 19th the Planning Commission reviewed the application, listened to neighbor input and voted 6 -0 to recommend approval of the preliminary plat. Planning Staff Recommendation Staff recommends approval of the preliminary plat per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. 09-251 LAKE MINNETONKA CRYSTAL BAY W ~ 0 ~ W ~11111111111111111111111 111111111111111111111111 1 111111111111111111111111 11111111111111111111111 S C 'A L E IN F E E T LE GAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that port of so;d Lot 1 wh;ch lies southerly of o line drown on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming o bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker j910.a l : denotes proposed spot elevation, mean sea level datum -917 -: denotes existing contour line, mean sea level datum ---,]QD---: de'1oles proposed contour line, mean sea level datum Bearings shown ore based upon an assumed datum. This sur vey shows the ooundories of the above descr ibed property, the location of on existing house, to be removed, existing topogropy, per our 2004 survey, l wo ad joining houses, and the pr oposed location of two proposed dividing lines. three pr oposed houses, walks & driveways, and proposed grades thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DE VELOPER : DNA PROPERTIES, INC . C/0 AL ANNE XST AD P.O. BO X 6 5 1 WAYZATA, MN 55391 EXIST ING ZON ING : LR-1B TO• AL ARE A : 4.8 9: ACRES . ALL DR Y 929.4 LAGOON SCENIC VIEW EASEMENT - PER DOC.NO. 8570258 PROPOSED GRADING & DRAINAGE PLAN FOR J)NA PROPERTIES, INC . IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA \__ '. -/ I 1---~- -=i----1 POSSIBLE ( I HOUSE EXISTING HOUSE #1595 \ I I / '( I I 33 RECEIVED APR '2. ti 2010 ClTY OF ORONO Council Exhibit A f- (.) w --, 0 0:: a.. A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 1535 BOHNS POINT ROAD FILE NO. 10-3438 Council Exhibit B WHEREAS, DNA Properties, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") located at 1535 Bohns Point Road andlegally described as follows: Lot 1, Block 1, Beth & B~id:et, Hennepin County, Minnesota · ···••· •· (llereinaftt!r the "Property"); and WHEREAS, on December 11, 2009, the Peveloper filed a complete subdivision application with the City for preliminary approval of a 3 lot\r9sidential plat of the Property; and :,,\~>",,, WHEREA§~ .. after due published and mailed noHce i~ accordance with Minnesota Statutes 462.358 et. seq. ~~t!J:~ City of Orono Zoning and Subdivision Codes, on January 19, 2010, the Orono Pl~g Con1Il1is~ion held a public hearing for the application at which time all persons desiring to be)ieard cort~epiing the application were given the opportunity to speak thereon; and · • .. WHEREAS,.dtii!~uary< 19; J0lO, the Planning Commission reviewed the application and recommended on avote of 6 -Otliat the Council grant preliminary plat approval; and . WHEREAS, the City Coi::tricil reviewed the proposal at a regular meeting held on May 10, 2010, and hereby made the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #10-3438. 2. The property is zoned LR-1B Single Family Lakeshore Residential District, which normally requires a minimum lot area of 1.0 acres and minimum lot width of 140' The Property is 4.89 acres in area, of which 4.89 acres is dry, buildable, non-wetland area. 3. The Property is guided in the existing 2000-2020 Orono Community Management Plan (CMP) (as well as within the proposed 2010-2030 CMP) for single family residential use Page 1 of 10 at a density of 1 unit per 1 acre. The proposed layout contains 3 lots on 4.89 non-wetland acres, for an overall density of 1 unit per 1 dry acre. 4. The proposed plat includes three lots. Each lot will be served via Bohns Point Road which extends southerly off of North Shore Drive. 5. Each lot has a building site meeting the LR-lB setback standards (75' + average lakeshore setback on the lake/front, 35' rear, & 10' sides). 6. Each lot is proposed to be served with qzy~J\Ver and private water supply wells. 7. The City has no current plans for trails pr parks that specifically require dedication of land from this property. Because dedicatio4.0f land.for.park purposes is not required at this location, a Park Dedication Fee in libfr\ of land per Cizy Ordinance would be appropriate. •· "{ · ,:,\s; 8. All proposed lots will contain suitable area meeting alle$tablished setback requirements to allow the construi;tjqn of single family residenc.es. ,':->:>',,,,,:$,\' ,;\etN~i.USlONS, ORDER AND CONDITIONS ,, ,' ,,,," NOW, i~E'.REFO,, :IJE IT RESOLVED, that based upon one or more of the findings noted above, the 'CDify G'.pllllCJ:lt::J?f Jhe City of Orono hereby grants Preliminary Plat Approv~l including lot width v%iances for·p~A Properties, LLC, for a 3-lot plat per the Preliminary Plat survey/drawing 1:>y Mark S. G:rpnberg of Gronberg & Associates, Inc. dated 02/16/2010 and attached hereto as ExbiJ;>it A, subject to the following conditions: 1. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 2. Development Fees A. Park Dedication Fee. The development is subject to the standard Park Dedication Fee requirement. Because the value of the newly created lots will be in excess of the threshold value the 8% park fee cap of $5,550 per lot will apply. Park dedication fee will be 2 lots x $5,550 = $11,100. B. Storm Water and Drainage Trunk Fee. The development is subject to the standard Page 2 of 10 Storm Water and Drainage Trunk Fee of $4,330 per acre x 4.89 gross acres = $21,173. 3. City Engineer Approval. Approval 1s subject to the existing and ongomg recommendations of the City Engineer. 4. Plans and Specifications. The following plans. and spedfications shall be submitted for review and approval by the City and other appropriat~jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish<thejntended purposes: a) Final grading, drainage and erosion control plan showing. existing and proposed contours, anticipated building locations, elevations, storm.water facilities and calculations, utilities and erosion control measures to be used d4ring construction. Final Plat Approval willnQtbe granted until the Minnehaha Creek Watershed District has approved the stormwatef Iri~~gement plans. ''" ,,,,,, b) Sufficient detail to meet the re~?mmendatiqns of the City Engineer. 5. Other Easements. a) Drainage and Utility Easements shalFpe dedicated to the public on the final plat 1 O' .~011g ~kexterior property lines, and 5' either side of interior property lines, except <,,; ,su.cii 0eas~~~1;1.ts shall be increased to accoinmodate drainage where required, subject il (to City staffappwval. ,, "~:: ' \]'I~AL SUBMITTALS The following list offj.nal submitt.~ls must be submitted to the Planning & Zoning Coordinator at least four (4) weeks p#~r to th¢ regularly scheduled Council meeting on the second and fourth Mondays of the month. These.submittals are as follows: >\~\\i\<,_>>::C 1. Record plat drawings in the form of two (2) mylar copies ( one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to l" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg dated 02/16/2010 attached hereto as Exhibit A, except as modified herein. Page 3 of7 B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property line. D. Dedication of "Drainage Easements" over all drainageways. E. Naming of plat. 2. Legal documents required: 3. A. B. E. F. Title opinion addressed fo~he City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign\~~ plat ari4 •· all other documents affected by such interest. ·· · · · The applicant must provide certifie.d. ,c::opies of all recorded easements currently affecting the property. " ' Sigiiectit~v~loper' s Agreement. ':;,~~1;(er o/2~1 for construction of improvements. The City Engineer shall e~tabli~h.Jhe amount to be provided in the Letter of Credit. Plat approvalfo~Jt~be paid: T9t~l due: $33,253.00. ,-:/:\: '\ ', A. Final plat fee ~$7.00.00 B. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $11,100.00 D. Stormwater and Drainage Trunk Fee: $21,173. Page 4 of7 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of May, 2010. ATTEST: Linda S. Vee, City Clerk .. James M. White, Mayor Property Owner STATE OF MINNESOTA; <:~ COUNTY QEJIENNEPIN" ... This i~~ent was ackrlowledge<lbefore me this~_. __ day of _______ , 2010 by ~'~i:: ' ':~'~?\!:\ ____ ,_'"--·./"'---· _____ .. ' __ ;.~<},it's __ ',---___________ on behalf of DNA Properties, LLCS \~f ~;\,~, Notary Public Page 5 of7 Counc il Exhibit C 2335 Highway 36 W St. Paul , MN 5511 3 Tel 651 -636-4600 Fax 651 -6 36-1311 www .bonestroo .com May 4, 2010 Ms . Melanie Curtis Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re : 1535 Bohns Point Road File No. 000139-10000-1 File No. 10-3438 Dear Melanie: -#'eonestroo We have reviewed the revised grading plan for 1535 Bohns Point Road, dated 1-21-10 . We have the following comments with regards to engineering matters: • The plan should show perimeter drainage and utility easements 5-feet wide along all interior lot lines (between Lots 1 and 2 and between Lots 2 and 3). • It appears that a new sewer connection will need to be installed across Bohns Point Road for Lot 1. • The grading plan shows the existing drainage patterns being maintained in the eastern area of Lot 3. The Lot 3 build i ng permit application submittal should include drainage calculations showing that pre and post construction runoff rates are the same or less to the south . Th is area drains under the driveway at 1595 Bohns Po int Road and then to a private pond. • The proposed grading may impact trees along the south lot line of lot 3. This may be in conflict with an existing recorded agreement between the owners of 1595 Bohns Point Road. If this agreement is still in effect, the existing trees must be shown on the plans and grading revisions may be necessary . • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the owner for this permit. If you have any questions, please call me at (651) 604-4894 or send an email to darren .amundsen@bonestroo.com . Yours very tru ly, Darren Amundsen Cc : Tom Kellogg 03/29/2010 10:39 FAX 952 473 4435 -· -----------__ .. _" _____ _ GRONBERG & ASSOCIATES Mar 29 10 07:S0a Formal Request for Extension of Review Period Applicant #10-3438, 1535 Bohns Point Road, we hereby request a 01 o of the statutory pplication review period. Date Before April 5th please fax to: City of Orono, Planning & Zoning Department Attn: Christine Mattson Fax: 952-249.4616 Council Exhibit D , ~--· -·· .. _ .. ---- Council Exhibit E IHIIII IHIUIIMI Doc No 85702SB 04/25/2005 04:06 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota · Micha~ H. Cunniff, County Recorder Deputy 11 TranslO 109871 Fees $15.00 DOC $4.50SUR $10.00NS $29.50 Total .. RESTATEMENT OF THE BEffl AND BRIDGET DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS · cl,~ This Restatement of the Beth and Bridget Declaration of Coven~onditions, Restrictions, Resetvations and Easements (the "Restatement,') is made as of J ~ 200S, O- by the undersigned fee owners of the Land hereinafter described lying in Hennepin County, Minnesota. · Jacob Holdings of Sohns Point LLC, a Minnesota limited liability company ("Jacob Holdings"), is the fee owner, and Adam T. LaFavre. and Kathy LaFavre, husband and wife ("LaFavre") are the purchasers under Contract for Deed dated October 8, 2004 with Jacob Holdings, of the real property legally described as follows: Lot l, Block 1, BETH AND BR1DGET, EXCEPT that part of said Lot I which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1 (herein, the "Northerly Parcel''); and William G. Cornelius ("Cornelius'') is the fee owner of the real property legally described as follows: Lot 2, Block 1, BETH AND BRIDGET; ALSO that part of Lot I, said Block 1, which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in lhe Southerly line of said· Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1 (herein, the nsoutherly Parcel"); (herein the Northerly Parcel and the Southerly Parcel are referred to together as the "Land" and individually as the "ParceP' or "Parcels''). Jacob Holdings, LaFavre and Cornelius are colle<::tively and sometimes individually referred to herein as the "Declarant". The Land is subject to the provisions of the Beth and Bridget De<::laration of Covenants, Conditions, Restrictions, Reservations and Easements dated April 15, 1987 and filed May 12, 1987 as Document No. 5266530, Hennepin County Re<::order, Minnesota (the "Original Declaration"). The Land is shown on the survey attached hereto as Exhibit A. It is the intention ofDeclarant that the Original Declaration, including all covenants, comlitioos, restrictions, reservations and easements contained therein be, and they hereby are, ter01inated. This Restatement restates aod repJace.s in Its entirety the Original Declaration. . Declarant desires to impose upon, and subject the Land to, certain covenants, conditions, restrictions, reservations and easements for the benefit of the. Land and its present and future owners. Accordingly, Declarant hereby declares, imposes upon and makes each of the Parcels subject to the following covenants, conditions, restrictions, reservations and easements (the "Covcnantstt) which shall operate as covenants and restrictions passing with the conveyance of each Parcel and shall apply to and bind the Declarant as to the Parcels, and to each and every successor in interest to the DecJarant. ~ .,-iA.e.1-v-,· fl e--4-?-'-<'f &--~ 3c,117Y Dae# I &7481,6\1 ARTICLE l Land Use Section 1. Land Use. Each Parcel shall be used solely for residential purposes. No structure of a temporary character and no vehicle, boat, or the like, the foregoing to include but not be limited to trailers, tents, garages or boat houses, shall be used on any Parcel at any time as a residence either temporariJy or permanently. Section 2. Maintenance. All buildings on each Parcel and each Parcel shall be maintained by the owner thereof in good order and repair. ARTICLE2 Covenants Burdening the Northerly Parcel -For the Benefit of the Southerly Parcel Section 1. Burden/Benefit. The following sections of this Article 2 create certain _ covenants, conditions, restrictions, reservations and/or easements which burden the Nonherly Parcel and are for the benefit of the Southerly Parcel. Section 2. Building Restrictjon. The Northerly Parcel shall be burdened with a restriction prohibiting the construction, placement or the like, of any building, structure, fence, or the like, over, on or within the Southerly 40.00 feet of said Northerly Parcel (see depiction thereof on attached Exhibit A described as "Proposed 40' No-Build Zone"). Section 3. Driveway Easement. The Northerly Parcel shalJ be burdened with an easement for ingress, egress and driveway purposes for the benefit of the Southerly Parcel over and across that part of the Northerly Parcel lying southeasterly of the following described tine: Beginning at a point on the ea$t line of the Northerly Parcel distant 4.00 feet North of the southeast corner of said Northerly Parcel; thence southwesterly to a point on the south line of said Northerly Parcel distant 4.00 feet westerly from the southeast comer of said NortherJy Parcel and said line there ending. Section 4. Tree Preservation Covenant. The Northerly Parcel shall be burdened with the restriction that no evergreen trees shall be cut down or substantially truncated within the southerly 50.00 feet of the Northerly Parcel, and no mature living healthy trees may be cut down or substantially truncated within the southerly 25.00 feet of the Northerly Parcel. This restriction shatl not prohibit tbe appropriate trimming of deciduous trees in a reasonable manner. Section 5. Tennis Court Location Restriction .. A tennis court with fencing shall be allowed on the Northerly Parcel, but any such tennis court with fencing shall at all times be located only over that part of the easterly 285.00 feet of the Northerly Parcel, which lies North of a line drawn parallel with and 25.00 feet North of the south line of the Northerly Parcel. Section. 6. Scenic View Easement. The Northerly Parcel shall be burdened with an easement for maintaining a scenic. view for the benefit of the Southerly Parcel over that part of the Northerly Parcel, lying southwesterly of the following described line: 2 Ood 1874816\1 . , Commencing at the southeast comer of Lot 1, Block l, Beth and Bridget; thence on an assumed bearing of North 89 degrees 40 minutes West along the southerly line of said Lot 1 a distance of 305.00 feet; thence South 67 degrees-20 minutes West a distance of22.00 feet to the point of beginning of the line to be described; thence North 55 degrees 40 minutes West to the shore of Lake Minnetonka and said line there ending (said scenic view casement is depicted on Exhibit B which is attached hereto solely for the purpose of depicting the same). No buildings, fences or other structures (including docks) shall be constructed or placed within the scenic view area, and the owner of the Southerly Parcel may enter the scenic view area to cut, triin or otherwise remove trees, shrubs and plants which interfere with the view from the Southerly Parcel over the scenic view area to Lake Minnetonka. ARTICLE3 Nuisances and Animals Section 1.-Nuisances. No noxious or offensive activities shall be carried on upon any Parcel, nor shatl anything be done thereon which may be or may become an annoyance or nuisance to any Parcel owner. Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Parcel, except that dogs, cats or other common household pets may be kept, so Jong as they are not kept, bred or maintained for any commercial purposes, and are maintained in accordance with applicable law and ordinances. ARTICLE4 Garbage and Refuse Disposal No Parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers out of view from roads and adjacent houses. No outside garbage and/or refuse burning or burning apparatus shall be pennitted. ARTICLES Outdoor Storage Section 1. Outdoor Storage. There shall be no permanent outside storage of any type of vehicle or recreational equipment, including, but not limited to, camping trailers, motor homes, snowmobiles, motoreycles or motorbikes. For purposes of this Section "permanent" shall· mean storage for more than a four week period. Any storage of any type ofwatereraft shall be either at a boat slip at a dock located and installed in confonnance with ordinances, rules and regulations of the Department of Natural Resources, Lake Minnetonka Conservation District and the City of Orono, Qr only on the northerly one-half of said Northerly Parcel, or o,:ily on the southerly one- half of said Southerly Parcel, measuring the said one-half from the mid-point of the easterly line of each of the said Parcels to the mid-point on the shore of Lake Minnetonka of each of the said Parcels, equidistant from the respective Jot lines of each Parcel. 3 Doc# Ul74lU6\I . . ARTICLE6 General Provisions Section 1. Owner. "Owner" shall mean and refer to the Declarant and to the record owner, whether one or more persons or entities, of the fee simple title to either Parcel, but shall not mean or refer to the mortgagee of either Parcel unless and until such mortgagee has acquired title pursuant to foreclosure of its mortgage and the period within which the fee owner may redeem from such foreclosure has expired. In the event either Parcel is sold by the Declarant or a subsequent owner by a contract for deed to a contract purchaser, the contract purchaser shall be considered the "Owner" of the Paree) upon recording the contract for deed evidencing the sale to such contract purchaser. Section 2. Duration. The conditions, restrictions. reservations, easements and covenants of these Covenants shall run with and bind the Land and shall inure to the benefit of and be enforceable by the owner of each Parcel and their respective legal representatives, heirs. successors and assigns, in perpetuity. Section 3. Enforcement. The owner of each Parcel shall have the right to enforce, by any proceeding at law or in equity all tenns and conditions of this Restatement. In view of the purposes of this Restatement and the unique characteristics of the Land, it is acknowledged that money damages to any Owner in the event of a violation of any of the terms hereof would be inadequate due to the irreparable and immeasurable hann done thereby. and, accordingly, the Owner of any Parcel, including the Oeclarant, shall have the right. in addition to any other remedies available at law or in equity, to appfy for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, injunction or otherwise, prohibitory or mandatory, to prevent and enjoin a breach of the tenns and conditions of this Restatement. or by means of specific performance to enforce performance of the tenns of this Restatement and including the obligation to restore the Land to as near to the™ guo as is possible. If successful, the party seeking enforcement of the terms hereof shalJ be entitled to recover from the party violating the terms of this Restatement reimbursement for all costs and expenses of litigation. including reasonable attomeys 1 fees, witness fees, service of process fees, expert fees, a.nd any other costs incurred iri securing such relief. Section 4. Severability. Invalidation of any of the provisions hereof by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect, Section 5. Amendment. This Restatement may be amended only by a written instrument signed by aU of the Owners of the Parcels. Section 6. Counterparts. This Restatement may be executed in any number of counterparts with the same effect as if each Declarant executing hereto had signed the same document. All counterparts shall be construed together and shall constitute one instrument. {Signature Pages Follow/ 4 l)oel 181481611 ·. SIGNATURE PAGE FOR THE RESTA TEMENTOF THE BETH AND BRIDGET DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS,. RESERPATIONS AND EASEMENTS DATED AS OF J;Ulff.ifRf' ..i_, 2005 ~~ In confinnation of the foregoing Restatement, the undersigned has caused this Restatement to be executed as of the day and year first above written. JACQB HOLDINGS: JACO INGS OF BOHNS POINT LLC By: ___________ _ Dena s E. Hecker · Its Chief Manager and President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_!}_ day of /tJ.Jn6 , 2005, by Dennis E. Hecker, the Chief Manager and President of Jacob Holdings of Bolms Point LLC, a Minnesola limited liobility <ompally, on ~of~ limited liability company. r 5 Doc# 1874316\1 JEAN G SQiULDT llro'AR" PUIIUC•Ml'iNSIOl'A. M) Q:1mmilaiQII ElqlllN01.1$1&11HO • I SIGNATURE PAGE FOR THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COVENANTS:, CONDITIONS, RESTRICTIONS, RESERVATIONS A.ND EASEMENTS DATEDASOF.1=.R-¥~2005 In confirm.ation of the foregoing Restatement, the undersigned bas caused this Restatement to be executed as of the day and year first above written. LAFAVRE: ..... c:;~~;~~;:aiilCl:;-----=----Adam T. LaFavre STATE OF MINNESOTA ) ) ss. COUNTYOFHENNEPIN ) The foregoing instrument was acknowledged before me thjs .1__ day of tJ'avtb . 2005, by A~ T. LaFavre and Kathy LaFavre, ~usband and wi. fe. 1 . ·JJ· . . o GENMFER~Y~ #efA ~-\• ..• ;).'li u .. HarNrrPIJBUC.Mf.'ltl::.&OTI. N tary' Publ' ,J ,.. • -, ~ expires Jan. 31, 2007 . 0 lC ~ 6 Dec# 1874816\1 . ~ SIGNATURE PAGE FOR THE RESTATEMENT OF THE BETH AND BRIDGET DECLARATION OF COJ/ENANTS, CONDITIONS, RESTRICTIONS, RESERYATIONS AND EASEMENTS DATED AS OF JA= ½ 2005 In confirmation of the foregoing Restatement, the undersigned has caused this Restatement to be executed as of the day and year first above written. CORNELIUS: ~- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) d, The foregoing instrument was acknowledged before me this~ day of Vv«ckl , 2005 ► by William G. Cornelius, a single p<tS(Ul. ~ taryPublic THIS INSTRUMENT WAS DRATTED BY: Lindquist & Vennu.m (KRP) 80 South Eighth Street, Suite 4200 . Minneapolis, MN 55402 (612) 371-3211 Doc# 1874816\1 7 ' ······.-·:·... .' r, , ··\ INGRIO BREDESON \~ ,!_.,-NOTARY .PUBLIC • MINNESOTA , ··t::-,~: l.ly CG•hm. £•pin$ Ju. 21, 201a .. . · I. I l ... ··-···-·-·--·-------------------------------, CONSENT OF MORTGAGEE The holder of that certain Mortgage dated -----,--,.--~ and filed on ________ __,, as Document No. ______ in the original amount of $ _______ hereby consents to the foregoing Restatement and agrees that said Mortgage shall be subordinate to the Restatement. By-----------Title ----------- State of ______ _,, ) ss. County of _____ ___, The foregoing instrument was acknowledged before me this _ day of __ _, 2005, by _____ _. the ________ of _______ __, a on behalf of the _________ __, -------- Notary Public 8 Doc# 18748I6\J I I I I I .. . ' . . :u g 0 ;' t I ( UR'-. =="~'-="'...:,.:;.:_i.-u. :':J~...:;..,..;..,. JMl\"Wt ... ecuJ1111D1111ft .. -·· • ... ·--·-·----------------------------~----------, \ . " I I EX fl I B /T 1J ,.. le 11"'..~aMa,i' oli -t-kc. t5e+"-•"Cl 81"icl..,;ei l>tc=\ara+i"' .. BOHN_.S POINT ADDJTION 1st IJJ06 -:., r·· s~.•• .< !\ud. Sub: No. 3L+9 Jl-.'4.-tdSE _,.._ ,, IJOl" ... f~:6 ....... •~ ./,', •. !'" . "' 0 1,1) i20 ~ ooenotes Iron monument Beorings shown ar• ouv111td Coffin 6 Gronberg, Inc. Enoineer11. Land Surveyon. Planners --------~--------~---•· Christine Mattson From: Sent: To: Cc: Subject: Dear Ms Mattson Rick Hauser [rhauser@caprei.com] Tuesday, January 19, 201 0 3:25 PM Christine Mattson Rick Hauser 1535 Sohns Point Road -lot split/subdivision lb-34-3( Council Exhibit F Thank you for taking the time to speak with me. We are long term residents and the owners of the home at 1540 Sohns Point Road (directly across the street from the above subject). We are now aware of the proposed lot split/subdivision and respectfully request that the City of Orono take into account the following issues that will directly affect the safety, use and enjoyment of our home and the neighborhood. 1 -Sohns Point is a narrow residential dead end street that during construction and related activities becomes easily congested and difficult or impossible to maneuver through. For this as well as safety reasons, we would ask that certain restrictions be placed on the plat that would require any construction activities to be contained on site and any damage to surrounding properties from such construction activities be promptly repaired. Construction parking on Sohns point should be limited. 2 -All driveway access points should be positioned so that the lights from vehicles entering and exiting any driveway will not shine or otherwise illuminate an existing house. 3 -the mature evergreen trees and landscape grading along Sohns Point road should not be removed and will be protected as best possible 4 -Any additional utilities along Sohns Point Road should be required to be placed underground Finally, you have informed me that there are no variances being requested and the lot split/subdivision will comply with all City ordinances. Thank you for the opportunity to present our concerns and we hope that the City of Orono will take them seriously and provide support for the Residences of Sohns Point. Please feel free to contact me with any questions or clarifications. Thank you Richard J. Hauser Mary Jane Hauser 1540 Sohns Point Road Orono MN 55391 Ph. (612) 313-2500 Home 952-471-9552 Cell 612-325-8388 This message may contain confidential information. If you are not the intended recipient, please notify the sender immediately and delete this email from your system. 1 CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4600 TO: DNA Properties, LLC PO Box 651 Wayzata, MN 55391 TYPE OF REQUEST: DATE OF MEETING: ZONING FILE: 10-3438 Council Exhibit G NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 20, 2010 COPIES: Via Email: Mark Gronberg Subdivision -Preliminary Plat Tuesday, January 19, 2010 Planning Commission recommended as follows: VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Monday, February 8, 2010 Council Meeting --Meeting starts at 7:00 pm 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. If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at 952.249.4627. Date Application Received: 12/11 /09 Date Application Considered as Complete: 12/16/09 60-Day Review Period Expires: 02/14/2010 To: From: Date: Subject: Chair Kang and Planning Commission Members Melanie Curtis, Planning & Zoning Coordinator 4 January 2010 10-3438, DNA Properties LLC, 1535 Sohns Point Road, Subdivision -Preliminary Plat Public Hearing Zoning District: LR-18, One Family Lakeshore Residential, 1-acre, 140' 213,008 s.f. (4.89± acres) Lot Area: Lot Width: 442' Council () Exhibit H Application Summary: This is a preliminary plat application for a 4.89-acre parcel proposed to be divided into three single-family residential lots. All lots would be served by public sewer and private water supply wells. Staff Recommendation: The proposed plat appears to meet or can generally meet the City's ordinance standards for development in the LR-1 B zone. If Planning Commission is satisfied with the proposal, it could be forwarded to Council for Preliminary Plat review. List of Exhibits Exhibit A -Application Exhibit B -Survey Preliminary Plat & Proposed Lot Layout Exhibit C-City Engineer Comments dated 01/05/10 Exhibit D -Aerial Photos Exhibit E -Potential Hardcover Calculations for each Proposed Lot Exhibit F -Neighbor Comment Letters Exhibit G -Property Owners List Exhibit H -Plat Map PRELIMINARY PLAT REVIEW Conformity with 2000-2020 Orono Community Management Plan The proposed 1 + acre lot subdivision is in conformity with the guiding of this area for single family lakeshore residential development at a density of 1 unit per 1 acre. The proposed development conforms to the 1.0 acre dry-buildable area, 140' width standards of the LR-1 B Zoning District. Relationship to Surrounding Development The proposed single-family development with 1-plus acre lot sizes is consistent with existing development in the surrounding neighborhood. Developed single family lots surround this site. The surrounding single family lots on the point vary primarily between 1.0 to 2-acres in area. There are several smaller lots ¾ acre in area on the point as well. 10-3438 5 January 2010 Page 2 of 3 Conformity with Zoning District Lot Requirements The property is in the LR -1 B, One Family Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of one dry buildable acre. Under a standard subdivision process, each proposed lot would have to contain the minimum of 1.0 acres of dry buildable land. The current survey depicts three lots with a conforming density of at least 1 dry acre per lot; each of the proposed lots meets the 1.0 acre requirement. General Site Characteristics The property is relatively open and gently slopes from the road to the lake. There is a man- made lagoon on the southern portion of the lot which is proposed to be shared by Lot 2 and Lot 3. Lot Layout and Lot Standards The subject property is one 4.89-acre lot with a single family home which was recently removed. The proposed lots shown on the survey are somewhat regularly shaped. According to the LR- 1 B Zoning District standards all of the lots must contain 1.0 dry acre and meet a 140' width requirement at the ordinary high water level as well as at the 75' lake setback. The 75' setback from the lagoon has been used for hardcover purposes as well as setback measurement. The minimum lot width however was calculated at the 75' setback from the OHWL of the lake (not considering the lagoon) as the lots are uniform in shape. The individual lots lay out as follows: Lot Layout Lot 1: Lot 2: Lot 3: This lot is shown as having 1. 79 dry buildable acres and 141 feet of width measured at the 75' lake setback. Proposed Lot 2 contains 1.63 dry acres and is shown with 151 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. This lot is shown as having 1.47 dry acres and 150 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The proposed plat shows that Lot 3 includes a small nub of land on the northern entrance to the lagoon. In general, it appears that the lots are acceptable with building sites meeting City standards. The developer has shown potential home locations, graded building pads for walk-out homes and swales down the common lot lines within the drainage and utility easements. The purpose for proposing the building pad locations is two-fold; to establish a new existing grade for height measurement purposes and to eliminate a potential problem with average lakeshore setbacks should the properties not be developed simultaneously. One home location could create unforeseen impacts to the average lakeshore setback line for the two other lots if developed separately. Park/Trail Easement/Fees or Dedication Needed The CMP indicates that no future trails are proposed along Sohns Point Road. Staff will recommend that the new lots be subject to the standard 8% Park Dedication Fee. Based on the 2010 land value the fee would be $367,840; however, the park dedication ordinance caps the actual fee at $5,550 per dwelling unit, so the two additional units result in a park fee of $11,100. Easements Needed The City requires standard perimeter and drainage easements around all property boundaries in the plat. Stormwater and Drainage Improvements 10-3438 5 January 2010 Page 3 of 3 Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. The property will be subject to the 2010 Stormwater and Drainage Trunk Fee of $4,330 per acre or $21,173. Utility Locations and Availability The properties would be served by city sewer and private wells. Municipal sewer lines are available in Bohns Point Road with two existing connection stubs. A third stub will have to be installed. The property was provided with sewer in 1965 per project 1965-LS-1A which was assessed based on front footage. The property was fully assessed hence there is no sewer connection charge due. Met Council SAC charges will be collected at the time building permits are issued. City Engineer Comments The City Engineer has provided comments with regards to lot layout, grading and drainage which are attached as Exhibit C. Issues for Discussion 1. Will the establishment of building pads result in home sites that are not compatible with the surrounding neighborhood? 2. Is there an alternate method for addressing the average lakeshore setback determination? 3. Are there any other issues or concerns with the proposal? Staff Recommendation The proposed plat appears to meet the City's ordinance standards for development in the LR- 1 B zone. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. If Planning Commission is satisfied with the proposal, it could be forwarded to Council for Preliminary Plat review. City of Orono Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Fee: Renewal: This application form must be completed in full. PROPERTY INFORMATION: Site Address: /S-.J s Ad;/IVJ /d .1/f..,/-r A 0,,,1 IJ PC Exhibit A -------- Property Identification Number (PIN): -"-O__,J'._-~1_1_7_-~2~-3_-_?'~r_-_tJ~o=2_3 ____________ _ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ____ l:!!, Abstract or □ Torrens, please check one Present use of property: ')st Residential □ Other Zoning District: _L..,_4.._ ... ;;;;......,,,.t._.fl...._ ___ _ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: €" Phone (home): ____________ Phone (work): Address: Email: Fax: -----------------EXISTING LAND U$E: Number of Tax Parcels: 1 Deve!opment Size: Acres Dry Land o Acres Wet Land --"---~~~-?~9 __ Acres TOTAL, all parcels Present Use (check one) ~ Residential; Number of Units: □ Other: (Specify) Present Zoning District L.~ -.t 8 =--=--=-=----- Proposal: □ Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) :;BC Subdivision for New Building Sites Number of Building Sites / Existing Units (r~11A llot,,v,v Proposed Gross Density Minimum Lot Size Proposed Use ( check) 2 New Units 3 Total Units .7 Units per o/'~ J'9 Acres 3/ .l Yt:t7 Square Feet Dry Buildable Land X Residential □ Other (specify) 10 cl 7 ; MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below}. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of 4 · Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). As an addendum to this cipplication, please attach a s~parate list of any other persons you wish notified of this 5· application. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable}. 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. APPLICATION FEES (Zoning Administrator to check IX] those wllich apply) A. Application Base Fees: · Sketch Plan Review (Class I, II & Ill) $350.00 --Subdivision of a Lot Line Rearrangement $600.00 --Subdivision Application (Class I & II) $600.00 __x_ Preliminary Subdivision Application $750.00 + $30.00/lot (Class Ill & all non-residential) Final Plat Application (Class Ill) $250.00 --Legal Review and Filing: --Subdivision only $140.00 --Subdivision w/easements and covenants; minimum $280.00 + any additional costs Park Fees (to be determined per Section 82-227) --Legal and Engineering Review Fees (as incurred) --Renewal of Class I, II, & Ill Subdivision and of a Lot Line Rearrangement Application $300.00 B. Special Improvement Fees: Proposed Private Roads $650.00 + $.50 per lineal foot; ___ tin. ft. x .50 = $ __ --Proposed Public Roads $950.00 + $.50 per lineal foot; lin. ft. x .50 = $ __ --Request for City to Accept Existing Private Road $950.00 --Proposed Sanitary Sewer Main Extension $275.00 + $25/stub --Proposed Watermain Extension $275.00 + $25/stub --Proposed Storm Sewer System (excluding culverts) $250.00 == On-Site System, Site Evaluation Review (applicable to rural.subdivisions) $60/per lot x _ new lots C. Flexible Application Fees/Miscellaneous Fees Variance $600.00 == Vacation of Public Road $75 per benefiting property ($600 minimum per application) Easement Vacation Associated with a Subdivision $100.00 --PRO Application with Subdivision $35.00 per dwelling unit TOTALS The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer, City Attorney, Planning~Commission and Council necessary to process this application and further a .. ;!;~J to p~y :!:l,additi~al ~~~""~-~~~_IJshed by ordinance. / . A I• ,. ,, ~,. ~ , / / ,,,-I . _ / •• ,·1. .?,-, I, -)1/~ oy pp ,cant's Signature: {,(// / /%'/7 ::.-;;---:,✓~/'t~~,. Date: -'--· __ l-1 __ Owner's Signature: L;;;Yt-1}~ "-' ·-'// , · Date: 1 /,/~ / ~ ~7 Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. 11 34 ,------------------------------------,--------------------------------------------------- 09-251 RECEIVED · 10 2009 C\TY OF ORONO LAKE MINNETONKA CRYSTAL BAY 60 30 0 30 60 S C ALE IN F E E T LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of o line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of soid Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker -917 -: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of an existing house, to be removed, existing topograpy, per our 2004 survey, two adjoining houses, and the proposed location of two proposed dividing lines thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1 B TOT AL AREA : 4.89: ACRES, ALL DRY HOUSE #3265 PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR DNA PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA EXISTING HOUSE #1595 34 PC Exhibit Bl I , .. 33 l-o w J 0 0:: 0... RECEIVED 10 2009 ClTY OF ORONO LAKE MINNETONKA CRYSTAL BAY 60 30 0 30 60 S C A L E IN F E E T LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 7 3 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming o bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker 1910.81: denotes proposed spot elevation, mean sea level datum _ 917 -: denotes existing contour line, mean sea level datum -@±1-: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of an existing house, to be removed, existing topograpy, per our 2004 survey, two adjoining houses, and the proposed location of two proposed dividing lines, three proposed houses, walks & driveways, and proposed grades thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC, C/D AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1B TOTAL AREA : 4.89! ACRES, ALL DRY LINE HOUSE #3265 --: ' - ' LAGOON PROPOSED GRADING & DRAINAGE PLAN FOR Dl'f A PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA I < ' ' I ~ / .POSSlf:t~E HOUSE -946-; =--, POSSIBLE ,_-'---I HOUSE wALI<iltfr GARAGE•~ BASEMENT=~ EXISTING HOUSE #1595 \ I I ( I I / 34 I I Q / <r:" 0 I~ E-, z 33 t-u w -:, 0 O:'. 0... I U)I!/ z Vi > a::: 1,; I ~ 9 I ~ i 0 ~ ---------------------------------------------------------··------------------------------------------------------...i.....i ...... 09-251 PC Exhibit C 2335 Hig hway 36 W St. Paul , MN 55113 Tel 65 1-636-4600 Fax 65 1-63 6-1311 www .bonestro o.com January 5, 2010 Ms. Melanie Curtis #'eonestroo Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1535 Bohns Point Road File No. 000139-10000-1 File No. 10 -3438 Dear Melanie: We have reviewed the preliminary plat and grading plan for 1535 Bohns Point Road. The plat and plans are dated 12-10-09. We have the following comments with regards to engineering matters: • We recommend considering relocating the lot line between lots 2 and 3 to the middle of the lagoon. This would provide lake access for both lots and eliminate the land fragment owned by lot 3. • The lagoon area is considered lakeshore and not wetland. • The plan should show perimeter drainage and utility easements 5-feet wide along all interior lot lines or adjacent to platted property with existing easements and 10-feet wide along other exterior lot lines. • It appears that a new sewer connection will need to be installed across Bohns Point Road for Lot 1. • The grading plan shows the existing drainage patterns being maintained in the eastern area of Lot 3. The Lot 3 building permit application submittal should include drainage calculations showing that pre and post construction runoff rates are the same or less to the south. This area drains under the driveway at 1595 Bohns Point Road and then to a private pond. If you have any questions, please call me at (651) 604-4894 or send an email to darren.amundsen@bonestroo.com . Yours very truly, Darren Amundsen Cc: Tom Kellogg . l?:'±!J~I "'--'~t'-----'-.• _,.._. ----- Fil e Edit View Favorites Tools Help X Co gle [ IJ ~I Sea,ch • ;, <!iJ ti§ ·M ·<!i)4t ·I ~· Sidewiki • ti Bookmarks -~ Check • Translate • ~ AutoFiD • ~ • e melanl , .. • Favorites I .cakulator Add to or subtrac .. , e Suggested Sites • Cj Free Hotmall ~ Ge.tMore Add-ons• Page • Safety .. ~ -T·J ·v:,Z~~~~-Applic .. , I (!'.fCH0 1e-Chapte.,. ~ Property Inform,,. aJ Hennepln Count ... ·1 9 Hen~e;~·c~~t ::: Looking east 'tl (') m >< ::,- CT ;:;: ~ l!llGil lt:i l ·.,-1 ":'. -~--w ·--..,.-<~:F.+r:.c:,u1t r-.-~·~-·-l•""·P, •~:;1, ;. ,.•:.:: t-~•~,::-1~ .. .;;d"'=;.,H , .• · 11 ~1 _EHe ~dit ~ew f£VOrites Iools t1elp X G o glc l l ' .. fsearch ·r @ g ~-M . Sidewiki • t:, Bookmarks• . .,.Check .. l!:;J l ranslate • 'E}'AutoFill T ~---~ _ ___ __ _ __ _ ~ · e melan; .. ,• Suggested Sites .,. l;:i Free Hotmall @.. Get More Ad d-ons .,. a ... "'l too¾ ... Looking west 5~~cy~~ 0 ~ LJ,VA l'Mf'(!f/T I(:) J; C !: ii /l.-/0-0<j PC Exhibit E-1/ f HARDC~ CALCULAT N WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. 11 Length Width i X = S.F. I i S.F. X = 8. 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTALPROPERTYAREAINZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE /~, 2s~ S.F. B RECEIVIID + B = % LltC 10 2009 13 -~ t')MA /,{0/6",e-r If S Lo-r .1. HARDCOVER CA SETBACK ZONE: (CIRCLE ONE) 0-75' 500-1000' EXISTING HARDCOVER IN ZONE A House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A House../ IJ€Ck5 X = 3 &;'o o S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = zso 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 36"So S.F. A TOTAL PROPERTY AREA IN ZONE .lo . ..,,,_ 1/ S.F. B A B 100 • II, i2 % + = 11) 4 -~ L;,vA ,0~(?/J€te-r>€S Toor 1] /Z-10-09 G-l HARDCOVER CALC LA TION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~ 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = /Co CJ S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S"J S-o S.F. X = S.F. D. Sidewalk X = 2.S 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 76'1/5 S.F. A TOTAL PROPERTY AREA IN ZONE ,l.,L 9 fc:f; S.F. B A + B X 100 = 21. 2( % 13 34 w1w,;.; ~.. . .-•--.,.W,'j~~·.;•L.''.'.· ... ., t')MA l'~of ei r;~f T7 '7 r t ] 12--,10 -0 <J HARDCOVER CAL'coLATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-2.SO' 250-500' Q00-100~ EXISTING HARDCOVER IN ZONE A House B. Garage C . Driveway D. Sidewalk E. Patio/Deck F . Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A ______ + B PROPOSED HARDCOVER IN ZONE A House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X A ______ ~ B Width 13 = = = = = = = = = = = = = = = ______ 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 X 100 = ______ % = = = = = = = = = = = = = = = ______ 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. _____ O_ S.F. A 2 J Z S.F. B 100 = REC IVED ___ _.,._,'--_% 343 DEC 1 1 2009 CITY OF ORONO 8--1 / t LJA/A /l~Ol'<=';er/€5" {for 27 / 2.-;10-0 <j l HARDC~ CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) -7 ' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTALPROPERTYAREAINZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL i=:-OloRTY AREA IN ZONE t:i 32.~ S.F. B RECBl + B = 0 % 1G 13 OFORONO -~ -f1,.vA /1<.oPef'l··n<:f' ~r Z] IL-)0-0 'J -- HARDCOVER CALCUN WORKSHEET t::, .. SETBACK ZONE: {CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House .1 IJ<:rk J' X = Sooo S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = /ISO S.F. X = S.F. D. Sidewalk X = 2QQ 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE (;"3Sos.F. A TOTAL PROPERTY AREA IN ZONE ZS'-2._'1 a> S.F. B A + B X 100 = 2o/'.7/ % 3 tlMA /~Ol'f't<!Tlt;) ~ /2-;tJ-O 'J HARDCOVER CALCULA$HEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~0-500) 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. i Length Width X = S.F. '.j X = S.F. 8. 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. 8 A + 8 X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. 8. Garage X = S.F. C. Driveway X = 2~70 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 2.370 S.F. A TOTAL PROPERTY AREA IN ZONE 26" ~ I 12. S.F. B A + 8 X 100 = /0. 9? % 3 ~A/A l'l'<Pl'e"lcll~5 ~T 3] 12..-10-09 B HARDC~ CALCTION WORKSHEET ' SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE 0 S.F. A REBfilVi6PERTY AREA IN ZONE /6,~2? S.F. B + B RECE 1v-o 1 oo = 0 % LI;:.~ l) q] 3 tlA/A /l<t?l'e-<! r l(f .f' ~ /2-/t>-o<; HARDCOVER CALCURKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTiNG HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTALPROPERTYAREAINZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House -1-IJ~('I< .J X = '1'Soo S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = 163 0 S.F. X = S.F. D. Sidewalk X = l'tO 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE ~2.70 S.F. A TOTAL PROPERTY AREA IN ZONE 2 5, O '.z z'.'. S.F. B A + B X 100 = 2 ~-9 9 % 3 ,IJJVA l'At;P•E11.T1<cJ: ~: tJ /2-/o·t29 HARDCOVER CALC O ~T SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 50-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTALPROPERTYAREAINZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width 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. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE Z 1/oo s.F. A TOTAL PROPERTY AREA IN ZONE 22, .Jo/I S.F . B A + B X 100 . /e~ 7471 = % 2000-02-0100:04 Connie McDonald >> +9522494616 P 1/1 PC Exhibit F Saturday, January 09, 2010 City of Orono 2750 Kelly Parkway PO Box 66 Crystal Bay MN 55323 Fax 952 249 4616 Attn: City of Orono Planning Commission Edgar J McDonald 3265 Bohn's Point Lane Wayzata MN 55391 612 382 6870 cell 0 CITY OF ORONO Subject: O~jection to land use variance 011 the property at 1535 Bohn's Point Road Ref: Land Use Application #10-3438 1535 Bohn's Point Road. RL-188 Zoning District Dear Sirs: We were just informed of a hearing on the property on 1535 Bohn's Point Road owned by the DMA Properties LLC. We are unable to attend the hearing and request this letter be accepted as our objection to the request. Dividing this property into two parcels would work well into this area, but we understand the owners are requesting a variance to divide the 4.89 acre property into three parcels of less than two acres each. We would like to object to this request as the contour of the lakeshore with the lagoon and the lack of reasonable frontage to support them would require excessiv~ crowding on these properties and rnduce the value of our adjoining properties. We request that the city planning commission deny this proposal and not permit a change in the existing two acre ordinance and prohibit them from crowding three houses on this narrow property. ~~J /4)~_ Constance J McDonald City of Orono Planning Commission 2750 Kelley Parkway, PO Box 66 Crystal Bay, MN 55323-0066 Dear Planning Commission members, Orono, 1.10.2010 On Jan 9 th, 2010 I received a little card in the mail from the City of Orono, regarding land use application# 10-3438, DNA properties, LLC, 1535 Bohn's Point Road, LR-1B zoning district. Here are my written comments: 1) A few days notice was given to me to respond! I request extension of notice and review period by at least one month to enable proper review, understanding and possibility for filing an objection. I will be out of the country on Jan. 19th on business travel and therefore cannot attend hearing on this subject, which I would very much like to do. 2) I am amazed about the announcement to subdivide existing lot in 3 smaller lots. I would have understood a subdivision into 2 lots. As far as I know, the historical situation was that this property consisted of 2 lots, not three. I am furthermore concerned about diminished property value of my own property, due to much increased traffic on existing narrow Bohn's Point Road, noise, views, etc. 3) I will be insisting on the fact that the two entrances to this 1535 Bohn's Point property remain where they are today! I will not accept any take down of the very mature evergreen trees on the 1535 property along Bohn's Point Road, in particular right in front of my own entrance, primarily due to unacceptable changes to my view of the 1535 property and traffic/noise issues! 4) I request that the City of Orono ASAP makes available to me a copy of the newly proposed use of land with designation of entrances and all restrictions, for example for taking down trees, etc. for my own review. 5) I insist that ALL regulations and codes will be adhered to and that NO deviation will be granted! Fredericus A Colen 1520 Bohn's Point Road Orono, MN 55391 952 4712518 or cell: 763 370 5332 FredColen@msn.com RUN DATE: 12/4/2009 BENNEPlN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PC Exhibit G 38 08-117-23 44 0006 CA THERJNE M SALLAS 3220 BOHNS POINT LA CA THERJNE M SALLAS 3220 BOHNS POINT LA WAYZATAMN 5539 1 38 08-117-23 44 0009 EDGAR J MCDONALD ET AL TRUST 3265 BOHNS POINT LA EDGAR J MCDONALD 10150 VERONA LAKE LA MlROMAR LAKES FL 33913 38 08-1 I 7-23 44 0024 KATHLEEN A HALLORAN ETAL TRS 1595 BOHNS POINT RD PATRICKJ HALLORAN KATHLEEN A HALLORAN I 645 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 DA VlD M LEAVENWORTH 1500 SOHNS POINT RD DA VlD M LEAVENWORTH 1500 BOHNS POINT RD WAYZATA MN 5539 1 38 09-117-23 33 0008 WDLARSON 1580 SOHNS POINT RD WILLIAM D LARSON I 0700 L YNDALE A VE S PO BOX20087 BLOOMINGTON MN 55420 38 17-117-23 II 0004 WENDY W DANKEY ET AL 38 ADDRESS UNASSIGNED WENDY W DANKEY 3034 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESEN.-· -~-- AS IT APPEARS THIS DATE ON THE CO DATE : DEC O 4 7009 38 08-117-23 44 0007 LL WEBER & WE WEBER 3230 BOHNS POINT LA LEE L & WARREN E WEBER 3230 BOHNS POINT LA WAYZATAMN 5539 1 38 08-11 7-23 44 0010 H&VSWEATT 3225 BOHNS POINT LA HENRY L SWEATT 3225 BOHNS POINT LA WAYZATA MN 55391 38 09-1 I 7-23 33 0003 M&VWAGENER 1420 BOHNS POINT RD MAURJCE J WAGENER 1420 BOHNS POINT RD WAYZATA MN 55391 38 09-1 I 7-23 33 0006 FREDERJCUS A COLEN TRUSTEE 1520 SOHNS POINT RD FREDERJCUS A COLEN 1520 BOHNS POINT RD WAYZATA MN 55391 38 16-1 17-23220001 WENDY W DANKEY I 600 BOHNS POINT RD WENDY W DANKEY 3034 CASCO POINT RD WAYZATA MN 55391 38 17-11 7-23 11 0005 RANDALL A GREEN 1629 SOHNS POINT RD RANDALL A GREEN I 629 BONHS POINT RD ORONO MN 5539 1 38 08-117-23 44 0008 R J RJTTER & M K RJTTER 3260 BOHNS POINT LA ROBERT J & MARY K RJTTER 3260 BOHNS POINT LA WAYZATA MN 5539 1 38 08-117-23 44 0023 MERS INC 1535 BOHNS POINT RD BAC HOME LOANS SERVICING 400 COUNTRYWIDE WAY S!Ml VALLEY CA 93065 38 09-11 7-23 33 0004 CHLOE HELD MORAN 1480 BOHNS POINT RD CHLOE HELD MORAN 1480 BOHNS POINT RD WAYZATAMN 55391 38 09-117-23 33 0007 MARY JANE HAUSER 1540 SOHNS POINT RD MARY JANE HAUSER 1540 SOHNS POINT RD WAYZATAMN 5539 1 38 17-117-23 11 0003 R L ROVJCK & CJ ROVICK 1625 SOHNS POINT RD ROGER L & CAROL J ROVJCK 1625 BOHNS POINT RD WAYZATA MN 55391 3438 RECEIVED DEC 1 I 2009 CITY OF ORONO Hennepin County Mailing Label Map Provided By: Taxpayer Services Department I I ', \ I I I I I ,, I 1, \ \ \ 17-117-23-11 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 I gis.info@co .hennepin.mn .us Map Comments: -Type Comments Here - )] ---. ..,_ ______ ---------~------- ------ Print Date: 12/4/2009 Map Scale: 1" = 222' Buffer Size: 350 feet 7 _-_-_-_ ---=:U (l if -----•• ,,.~ I (7) \ 141 1 \ I I ' .,/ I / I Map Legend : Wa1e.- Park Parcel (9) I CJ Buffer Region 5el.ec-ted Parcels ,;. ,. ... PC Exhibit H I J) 09-1 17-23-33 16-1 17 -23-22 Majo.-Roads Minor Roads " ,◄~ --~,,, - ·-=ill.,•6 ai)ped ••JLv.L . 343 RECEIVED -or rr 2009 CITY OF ORONO MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. 09-3425 JAMES JOHNSON, 650 BIG ISLAND, CONTINUED) Council Exhibit I strated on the overhead the area where Staff is recommending additional vegetative scr Curtis state at at the present only native grasses are planted along the base of the wall. Rice moved, Feuss s ded, to recommend approval of Applicatio 9-3425, James Johnson, 650 Big Island, gra g of an after-the-fact conditional use permit, subject e condition that the applicant mit an engineer's opinion on the wall construction for the buil permit, with the reco ndation that the applicant consider additional vegetative screening in tli ning wall. VOTE: Ayes 6, Nays 0. 6. #10-3438 DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, SUBDIVISION - PRELIMINARY PLAT, 6:45 P.M. -7:17 P.M. Mark Gronberg, Surveyor, was present on behalf of the Applicant. Curtis stated the applicant has submitted a preliminary plat application for a 4 .89 acre parcel proposed to be divided into three single-family residential lots. All lots would be served by public sewer and private water supply wells. The proposed one plus acre lot subdivision is in conformity with the guiding of this area for single-family lakeshore residential development at a density of one unit per one acre . The proposed development conforms to the 1.0 acre dry-buildable area, 140 feet width standards of the LR-lB zoning district and is consistent with the existing development in the surrounding neighborhood. Developed single-family lots surround this site. The property is located in the LR-lB, One Family Residential District, which allows for single-family residential uses with a minimum lot size of one dry buildable acre. Under a standard subdivision process, each proposed lot would have to contain the minimum of 1.0 acres of dry buildable land. The current survey depicts three lots with a conforming density of at least one dry acre per lot. Each of the proposed lots meets the 1.0 acre requirement. The subject property is one 4 .89 acre lot with a single-family home which was recently removed. The proposed lots shown on the survey are somewhat regularly shaped. According to the LR-lB zoning district standards, all of the lots must contain 1.0 dry acre and meet a 140 foot width requirement at the ordinary high water level as well as at the 75 foot lake setback. The 75 foot setback from the lagoon has been used for hardcover purposes as well as setback measurements. The minimum lot width, however, Page3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, CONTINUED) was calculated at the 75-foot setback from the OHWL of the lake as the lots are uniform in shape. In general , it appears that the lots are acceptable with building sites meeting City standards. The developer has shown potential home locations , graded building pads for walk-out homes and swales down the common lot lines within the drainage and utility easements . The purpose for proposing the building pad locations is two-fold: to establish a new existing lakeshore setbacks should the properties not be developed simultaneously. One home location could create unforeseen impacts to the average lakeshore setback line for the two other lots if developed separately. Staff recommends that the new lots be subject to the standard 8 percent park dedication fee. Based on the 2010 land value , the fee would be $367,840 . However, the park dedication ordinance caps the actual fee at $5 ,550 per dwelling unit, so the two additional units result in a park fee of$11,IO0. The City requires standard perimeter and drainage easements around all property boundaries in the plat. Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the lane use and acreage ofhe property being developed. The property will be subject to the 2010 stormwater and drainage trunk fee of $4 ,330 per acre of $21 ,173 . The properties would be served by city sewer and private wells. Municipal sewer lines are available in Bohns Point Road with two existing connection stubs . A third stub will have to be installed . The property was provided with sewer in 1965 and assessed based on front footage. Met Council SAC charges will be collected at the time building permits are issued. The proposed plat appears to meet the City's ordinance standards for development in the LR-lB zone. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small p iece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Schoenzeit asked whether there would be a covenant on the properties requiring the owners to build in the proposed locations . Curtis stated there is no covenant being proposed and that the purpose of the application is to achieve a desired style of home with an approved grading plan . Gronberg indicated they would like to get the application approved so that the individual lots would have an approved building envelope for the future purchasers of the lots . Gronberg stated they did move the house pads further away from the lake to help reduce hardcover. Schoenzeit asked whether a significant amount of fill is necessary to accommodate the walkouts. Gronberg indicated approximately five feet of additional fill will be needed in the front and approximately three feet in the back. Gronberg stated they did meet with the City Engineer and Staff to discuss the drainage and that they are proposing drainage swales on the north and south sides of the house ----------------Page4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES, LLC, 1535 BORNS POINT ROAD, CONTINUED) to divert the runoff. There are plenty of grassy areas also to help filter the water before it reaches the lagoon and the lake . Gronberg noted they are agreeable to relocating the lot line for Lot 3 slightly south. Schoenzeit asked if it is common on platting to reset the elevation. Curtis stated this would be the time to determine a new existing grade for the development. Schoenzeit asked if there would be a covenant to retain these building pads to preserve the proposed drainage swales . Gronberg stated if someone wants to change one of the building pads, they would need to submit a new application to the City. Curtis stated the Planning Commission is approving a concept grading plan and plat at this time and that any major changes to the grading and drainage would need to be approved. Schoenzeit asked whether the drainage would be included on the title. Gronberg stated there would be standard utility easements around the perimeter of the lots, around the lagoon, and as shown on the plat near the street. Kang noted for the record that a letter was received from Rick Hauser, 1535 Bohns Point Road, expressing concerns regarding the fact that Bohns Point Road is a narrow residential dead end street and that there may be issues with traffic during construction. He is requesting that all driveway access points be positioned so that the lights from vehicles not illuminate an existing house; the mature evergreen trees and landscape grading along Bohns Point Road not be removed; and that any additional utilities be placed underground. Chair Kang opened the public hearing at 6:59 p.m. Virginia Sweatt, 3225 Bohns Point Lane, stated they have already suffered through six years of reconstruction and reshaping of this site in the past, the removal of a number of trees on the lot, and considerable noise . Sweatt stated she has a number of concerns regarding the application given the close proximity of this lot to their house. At times in the past school buses have had a difficult time accessing Bohns Point Road during the prior work on the lot. Gronberg stated the setback is 10 feet, and in order to construct the swale, they have left approximately 22 feet between the building pad and the adjoining lot. Gronberg stated there would be a cut through the berm in order to construct the common driveway, but that they would be doing replanting in that area. Sweatt reiterated her concern that this project would cause traffic problems as well as noise issues. Sweatt requested the City 's regulations be followed as it concerns the height of the rooflines . Sweatt stated she has a concern with the number of houses proposed to be built on this site as well. Chair Kang closed the public hearing at 7:08 p.m. -----------------Pages MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, CONTINUED) Gronberg stated on the lot closest to Mrs . Sweatt's lot, in order to obtain a walkout, they have pulled the building lot away from the minimum setback in order to construct the swale. They plan to maintain as many of the trees as possible on the lot but some trees would need to be removed in order to construct the driveways . They are also willing to look at how the driveways can be configured to prevent headlights from shining into the neighboring homes . Kang asked whether any steps can be taken to address the construction traffic and noise. Curtis stated there are set hours that construction is allowed and that the police should be called if those hours are not adhered to . Curtis indicated that one lane should also remain open at all times. Gronberg indicated it is likely the houses will be constructed at different times and that these are smaller houses that are being proposed, which should be less of an issue than during the construction of the big house. Feuss asked whether the soils are sufficient to support three houses. Gronberg indicated soil boring tests would be taken at the time of construction to ensure that the soils are appropriate. Chair Kang closed the public hearing at 7: 12 p.m. Schoenzeit stated in his view the houses fit the lots and meet the minimum setback requirements. Kang concurred with Commissioner Schoenzeit 's comments and indicated she does understand the noise and traffic concerns raised by the neighbors. Kang noted that the residents do have some recourse if the noise and traffic concerns get out of hand. Schwingler asked whether the only time this application would come back before the Planning Commiss ion again would be if a variance is requested . Curtis stated that is true. Berg noted that Staff would determine whether the height of the houses meets the City 's regulations at the time the building permit is requested . Curtis recommended Mrs. Sweatt talk to staff later if she still has a concern regarding the building height. Schwingler noted the lots do meet code for this zoning district and that there is going to be preservation of the mature trees whenever possible. Schwingler encouraged the developer to discuss the project with the neighbors whenever a house is going to be constructed. Schoenzeit moved, Berg seconded, to recommend approval of Application #10-3438, DNA Properties, LLC, 1535 Bohns Point Road, Preliminary Plat, subject to the recommendations of the City Engineer's report. VOTE: Ayes 6, Nays 0. ----------------Page 6 03/29/2010 10:39 FAX 952 473 4435 Phone Fax Phone 2 1 -3/ 6" I b I CC: GRONBERG & ASSOCIATES 14] 001 loate :J-29-/0 I Number of e,ag_es incluc:ting cover sheet L FROM: Gronberg & Assoc., Inc. 445 N Willow Drive Long Lake, MN 55356 Phone (952) 473-4141 Fax Phone 952 473-4435 REMARKS: □ Urgent ;KI For your review O Reply ASAP O Please Comment pl.~.{_,,[,t,,J~ .: .r &:!PT AL ,j(A,;'jl./tJ)r.J"T~a 7"/.> JJt;~ ,IP.Ax THF' S')e;F,.,,J1,,._,,, .,c,A. ~;r,'A ~-e,t'}ftrl~.S Ti# ,,,t,,/ff'_ /~F'Ao /, /f'.., //< C,,v/Ll. /.Jc! ~ArK ~µ 41'/l/L 12 Tl( ~hd T/;15/l./ /i/6 ,'-'T C,;VJ(..(. /i~VIF'L-c/ 7'/.l)A/CJ f-~C, II~ T/lf> ("d'IINt"I( ~(;F'v:.P,i(_,. CITY of ORONO 19 March 2010 DNA Properties, LLC PO Box 651 Wayzata, MN 55391-0651 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices NOTICE OF PENDING EXPIRATION OF TIME FOR REVIEW SUBJECT: Zoning Application #10-3438 (Subdivision) Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Your application for a subdivision of 1535 Sohns Point Road expires on April 15, 2010. The next opportunity for the Council to review your application is April 12, 2010. Please use the enclosed form to request an additional 60-day extension until at least June 14, 2010. This form should be returned to me by April 5th . Please be aware, if you do not respond before April 5th , Staff will place your application on the April 1ih Council agenda with a denial recommendation. Please contact me at mcurtis@ci.orono.mn.us or 952-249-4627 should you have any questions. Melanie Curtis Planning and Zoning Coordinator c Mark Gronberg via email Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Formal Request for Extension of Review Period With regards to Zoning Application #10-3438, 1535 Sohns Point Road, we hereby request a 60-day extension to June 14, 2010 of the statutory application review period. Applicant Date Applicant Date Before April 5th please fax to: City of Orono, Planning & Zoning Department Attn: Christine Mattson Fax: 952.249.4616 Christine Mattson From: Sent: To: Cc: Subject: Dear Ms Mattson Rick Hauser [rhauser@caprei.com] Tuesday, January 19, 2010 3:25 PM Christine Mattson Rick Hauser 1535 Sohns Point Road -lot split/subdivision Thank you for taking the time to speak with me. We are long term residents and the owners of the home at 1540 Sohns Point Road (directly across the street from the above subject). We are now aware of the proposed lot split/subdivision and respectfully request that the City of Orono take into account the following issues that will directly affect the safety, use and enjoyment of our home and the neighborhood. 1 -Sohns Point is a narrow residential dead end street that during construction and related activities becomes easily congested and difficult or impossible to maneuver through. For this as well as safety reasons, we would ask that certain restrictions be placed on the plat that would require any construction activities to be contained on site and any damage to surrounding properties from such construction activities be promptly repaired. Construction parking on Sohns point should be limited. 2 -All driveway access points should be positioned so that the lights from vehicles entering and exiting any driveway will not shine or otherwise illuminate an existing house. 3 -the mature evergreen trees and landscape grading along Sohns Point road should not be removed and will be protected as best possible 4 -Any additional utilities along Sohns Point Road should be required to be placed underground Finally, you have informed me that there are no variances being requested and the lot split/subdivision will comply with all City ordinances. Thank you for the opportunity to present our concerns and we hope that the City of Orono will take them seriously and provide support for the Residences of Sohns Point. Please feel free to contact me with any questions or clarifications. Thank you Richard J. Hauser Mary Jane Hauser 1540 Sohns Point Road Orono MN 55391 Ph. (612) 313-2500 Home 952-471-9552 Cell 612-325-8388 This message may contain confidential information. If you are not the intended recipient, please notify the sender immediately and delete this email from your system. 1 Subject: /VI af1t-@ (l}/1 rJt/2!f 10-3438, DNA Properties LLC, 1535 Sohns Point Road, Subdivision -Preliminary Plat Public Hearing Application Summary: This is a preliminary plat application for a 4.89-acre parcel proposed to be divided into three single-family residential lots. All lots would be served by City sewer and private water supply wells. Relationship to Surrounding Development The proposed single-family development with 1-plus acre lot sizes is consistent with existing development in the surrounding neighborhood. Developed single family lots surround this site. The surrounding single family lots on the point vary primarily between 1.0 to 2-acres in area. There are several smaller lots ¾ acre in area on the point as well. Conformity with Zoning District Lot Requirements The property is in the LR -1 B, One Family Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of one dry buildable acre. Under a standard subdivision process, each proposed lot would have to contain the minimum of 1.0 acres of dry buildable land. The current survey depicts three lots with a conforming density of at least 1 dry acre per lot; each of the proposed lots meets the 1.0 acre requirement. Lot Layout and Lot Standards The subject property is one 4.89-acre lot with a single family home which was recently removed. The proposed lots shown on the survey are somewhat regularly shaped. The 75' setback from the lagoon has been used for hardcover purposes as well as setback measurement. The minimum lot width however was calculated at the 75' setback from the OHWL of the lake (not considering the lagoon) as the lots are uniform in shape. The individual lots lay out as follows: Lot Layout Lot 1: Lot 2: Lot 3: This lot is shown as having 1. 79 dry buildable acres and 141 feet of width measured at the 75' lake setback. Proposed Lot 2 contains 1.63 dry acres and is shown with 151 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. This lot is shown as having 1.4 7 dry acres and 150 feet in width when measured in a straight line at the 75' lake setback; excluding the lagoon. The proposed plat shows that Lot 3 includes a small nub of land on the northern entrance to the lagoon. The developer has shown potential home locations, graded building pads for walk-out homes and swales down the common lot lines within the drainage and utility easements. The purpose for proposing the building pad locations is two-fold; to establish a new existing grade for height measurement purposes and to eliminate a potential problem with average lakeshore setbacks should the properties not be developed simultaneously. One home location could create unforeseen impacts to the average lakeshore setback line for the two other lots if developed separately. Staff Recommendation The proposed plat appears to meet the City's ordinance standards for development in the LR- 1 B zone. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. If Planning Commission is satisfied with the proposal, it could be forwarded to Council for Preliminary Plat review. (}vlt1:f1 ~ (JM,77/41 ~bf f'1JV fJn/!hiy p;M t«dh lh-s /vlaML- !IAf-S, 'f?'ZL5 P.,/;h,,i5f r{'l YI · ff&/ ':f J't{Jea.# MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. 425 JAMES JOHNSON, 650 BIG ISLAND, CONTINUED) Curtis illust ed on the overhead the area where Staff is recommending addit' al vegetative screening . Curtis stated tha t the present only native grasses are planted along the b e of the wall. Chair Kang opened the p lie hearing at 6:42 p.m. There were no public comments arding this applicatio Chair Kang closed the public hearing at . Kang stated she does not have any issues lication . Feuss stated in her view removal Rice moved, Feuss secon d, to recommend approval of Applic · n #09-3425, James Johnson, 650 Big Island, granting an after-the-fact conditional use permit, subj to the condition that the applicant submit engineer's opinion on the wall construction for the · ding permit, with the recommendaf n that the applicant consider additional vegetative screening 11. VOTE : Ayes 6, Nays 0. 6. #10-3438 DNA PROPERTIES, LC, 1535 BORNS POINT ROAD, SUBDIVISION - PRELIMINARY PLAT, 6:45 P.M. -7:17 P.M. Mark Gronberg, Surveyor, was present on behalf of the Applicant. Curtis stated the applicant has submitted a preliminary plat appliqi.tion for a 4 .89 acre parcel proposed to be divided into three single-family residential lots. All lots would be served by public sewer and private water supply wells . The proposed one plus acre lot subdivision is in conformity with the guiding of this area for single -family lakeshore residential development at a density of one unit per one acre . The proposed development conforms to the 1.0 acre dry-buildable area, 140 feet width standards of the LR-lB zoning district and is consistent with the existing development in the surro unding neighborhood. Developed single -family lots sunound this site . The property is located in the LR-lB , One Family Residential District, which allows for single -famil y residential uses with a minimum lot size of one dry buildable acre. Under a standard subdivision process , each proposed lot would have to contain the minimum of 1.0 acres of dry buildable lan d . The cunent survey depicts three lots with a conforming density of at least one dry acre per lot. Each of the proposed lots meets the 1.0 acre requirement. The subject property is one 4.89 acre lot with a single-family home which was recently removed . The proposed lots shown on the survey are somewhat regularly shaped. According to the LR-lB zoning district standards, all of the lots must contain 1.0 dry acre and meet a 140 foot width requirement at the ordinary high water level as well as at the 75 foot lake setback. The 75 foot setback from the lagoon has been used for hardcover purposes as well as setback measurements . The minimum lot width , however, Page 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. (#10 -3438 DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, CONTINUED) was calculated at the 75-foot setback from the OHWL of the lake as the lots are uniform in shape. In general , it appears that the lots are acceptable with building sites meeting City standards . The developer has shown potential home locations , graded building pads for walk-out homes and swales down the common lot lines within the drainage and utility easements . The purpose for proposing the building pad locations is two -fold : to establish a new existing lakeshore setbacks should the properties not be developed simultaneously. One home l ocation could create unforeseen impacts to the average lakeshore setback line for the two other lots if developed separately. Staff recommends that the new lots be subject to the standard 8 percent park dedication fee . Based on the 2010 land value, the fee would be $367 ,840. However , the park dedication ordinance cap s the actual fee at $5 ,550 per dwelling unit , so the two additional units result in a park fee of $11 ,100. The City requires standard perimeter and drainage easements around all property boundaries in the plat. Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the lane use and acreage of he property being developed. The property will be subject to the 2010 stormwater and drainage trunk fee of$4 ,330 per acre of$21 ,173 . The properties would be served by city sewer and private wells . Municipal sewer lines are available in Bohns Point Road with two existing connection stubs . A third stub will have to be installed. The property was provided with sewer in 1965 and assessed based on front footage. Met Council SAC charges will be collected at the time building permits are issued. The proposed plat appears to meet the City 's ordinance standards for development in the LR-lB z one. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Schoenzeit asked whether there would be a covenant on the properties requiring the owners to build in the proposed locations. Curtis stated there is no covenant being proposed and that the purpose of the application is to achieve a desired style of home with an approved grading plan. Gronberg indicated they would like to get the application approved so that the individual lot s would have an approved building envelope for the future purchasers of the lots . Gronberg stated they did move the house pads further away from the lake to help reduce hardcover . Schoenzeit asked whether a significant amount of fill is necessary to accommodate the walkouts. Gronberg indicated approximately five feet of additional fill will be needed in the front and approximately three feet in the back. Gronberg stated they did meet with the City Engineer and Staff to discuss the drainage and that they are proposing drainage swales on the north and south sid es of the house ------------------Page4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p .m . (#10-3438 DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, CONTINUED) to divert the runoff. There are plenty of grassy areas also to help filter the water before it reaches the lagoon and the lake. Gronberg noted they are agreeable to relocating the lot line for Lot 3 slightly south. Schoenzeit asked if it is common on platting to reset the elevation . Curtis stated this would be the time to determine a new existing grade for the development. Schoenzeit asked if there would be a covenant to retain these building pads to preserve the proposed drainage swales . Gronberg stated if someone wants to change one of the building pads, they would need to submit a new application to the City . Curtis stated the Planning Commi ssion is approving a concept grading plan and plat at this time and that any major changes to the grading and drainage would need to be approved. Schoenzeit asked whether the drainage would be included on the title . Gronberg stated there would be standard utility easements around the perimeter of the lots, around the lagoon, and as shown on the plat near the street. Kang noted for the record that a letter was received from Rick Hauser, 1535 Bohns Point Road, expressing concerns regarding the fact that Bohns Point Road is a narrow residential dead end street and that there may be issues with traffic during construction . He is requesting that all driveway access points be positioned so that the lights from vehicles not illuminate an existing house; the mature evergreen trees and landscape grading along Bohns Point Road not be removed; and that any additional utilities be placed underground . Chair Kang opened the public hearing at 6 :59 p.m. Virginia Sweatt, 3225 Bohns Point Lane , stated they have already suffered through six years of reconstruction and reshaping of this site in the past, the removal of a number of trees on the lot, and considerable noise . Sweatt stated she has a number of concerns regarding the application given the close proximity of this lot to their house. At times in the past school buses have had a difficult time accessing Bohns Point Road during the prior work on the lot. Gronberg stated the setback is 10 feet , and in order to construct the swale, they have left approximately 22 feet between the buil ding pad and the adjoining lot. Gronberg stated there would be a cut throu gh the berm in order to construct the common driveway, but that they would be doing replanting in that area . Sweatt reiterated her concern that this project would cause traffic problems as well as noise issues . Sweatt requested the City 's regulations be followed as it concerns the height of the rooflines. Sweatt stated she has a concern with the number of houses proposed to be built on this site as well. Chair Kang closed the public hearing at 7:08 p.m. ------------------Page 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m . (#10 -3438 DNA PROPERTIES , LLC, 1535 BORNS POINT ROAD , CO NTINUED) Gronberg stated on the lot closest to Mrs. Sweatt 's lot, in order to obtain a walkout, they have pulled the building lot away from the minimum setback in order to construct the swale. They plan to maintain as many of the trees as possible on the lot but some trees would need to be removed in order to construct the driveway s. They are also willing to look at how the driveways can be configured to prevent headlights from shining into the neighboring homes. Kang asked whether any steps can be taken to address the construction traffic and noise . Curtis stated there are set hours that construction is allowed and that the police should be called if those hours are not adhered to . Curtis indicated that one lane should also remain open at all times. Gronberg indicated it is likely the houses will be constructed at different times and that these are smaller houses that are being proposed, which should be less of an issue than during the construction of the big house. Feuss asked whether the soils are sufficient to support three houses. Gronberg indicated soil boring tests would be taken at the time of construction to ensure that the soils are appropriate . Chair Kang closed the public hearing at 7: 12 p .m. Schoenzeit stated in his view the houses fit the lots and meet the minimum setback requirements . Kang concurred with Commissioner Schoenzeit's comments and indicated she does understand the noise and traffic concerns raised by the neighbors . Kang noted that the residents do have some recourse if the noise and traffic concerns get out of hand. Schwingler asked whether the only time this application would come back before the Planning Commission again would be if a variance is requested. Curtis stated that is true . Berg noted that Staff would determine whether the height of the houses meets the City's regulations at the time the building permit is requested. Curtis recommended Mrs. Sweatt talk to staff later if she still has a concern regarding the building height. Schwingler noted the lots do meet code for this zoning district and that there is going to be preservation of the mature trees whenever possible . Schwingler encouraged the developer to discuss the project with the neighbors whenever a house is going to be constructed. Schoenzeit moved, Berg seconded , to recommend approval of Application #10 -3438, DNA Properties, LLC, 1535 Bohns Point Road, Preliminary Plat, subject to the recommendations of the City Engineer's report. VOTE: Ayes 6, Nays 0. Page 6 Christine Mattson From: Sent: To: Cc: Frnd Colen [fred.colen@yahoo.com] Wednesday , January 13, 2010 9:43 AM Melanie Curtis Subject: fredcolen@msn.com; Christine Mattson ; Ron Olson Re: Application 10-3438 -1535 Sohns Point Road Dear Ms. Curtis, Thanks for your prompt reply . I do hope that my specific written comments and objections will not only become part of the public record and be part of the documentation, but will also be heard by you and others and be strongly taken into account in your review and approval process. Depending on how this subdivision is undertaken and approved by the city, this action could potentially have a negative effect on the value of my property! Please be sensitive to the issues I raised and let's make sure that a negative effect on my property will not happen! I once again respectfully request you to address all issues and requests which I clearly laid out in my letter, not only on timing and procedure. Looking forward to your complete reply. Best regards , Fred Colen Sent from my iPhone On Jan 12, 2010 , at 12 :46 PM, Melanie Curtis <MCurtis@ci.orono .mn.us> wrote: Mr. Colen Thank you for your letter. Your comments will be included as an exhibit to the staff report for this subdivision application and become part of the public record for this application. The City has a statutory requirement to bring a completed application to the Planning Commission and City Council for decision within a defined 120-day time limit. This application was determined to be complete on December 16th therefore it is scheduled to be heard by the Planning Commission on January 19th as you have noted in your lette~. The application is available to be reviewed at the City offices. Please contact Christine Mattson (952.249.4620 or cmattson@ci.orono.mn.us) to schedule at time to review this file. 1 The application does not include any variances and is viewed as a standard subdivision. I will be out of the office Thursday and Friday of this week and the City offices are closed on Monday in observance of the holiday. Questions can be directed to Ms. Mattson in my absence. Please let me know if I can be of further assistance , Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci .orono .mn .us Website: www .ci.orono .mn .us 2 Melanie Curtis From: Sent: To: Cc: Subject: Mr. Colen Melanie Curtis Tuesday , January 12, 2010 12:46 PM 'fredcolen@msn.com' Christine Mattson; Ron Olson Application 10-3438 -1535 Sohns Point Road Thank you for your letter. Your comments will be included as an exhibit to the staff report for this subdivision application and become part of the public record for this application. The City has a statutory requirement to bring a completed application to the Planning Commission and City Council for decision within a defined 120-day time limit. This application was determined to be complete on December 16th therefore it is scheduled to be heard by the Planning Commission on January 19th as you have noted in your letter. The application is available to be reviewed at the City offices. Please contact Christine Mattson (952.249.4620 or cmattson@ci.orono .mn.us ) to schedule at time to review this file. The application does not include any variances and is viewed as a standard subdivision. I will be out of the office Thursday and Friday of this week and the City offices are closed on Monday in observance of the holiday. Questions can be directed to Ms . Mattson in my absence . Please let me know if I can be of further assistance, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci .orono .mn .us Website : www .ci.orono .mn .us 1 Cont rmation Report-Memory Send Time Jan-07-2010 09:39am +9522494616 Job number Date To Document pages Start time End ti me Pages sent Status Job number 504 504 Tel I ine Name CITY OF ORONO Jan-07 09:38am 4746407 002 Jan-07 09:38am Jan-07 09:39am 002 OK ___ *** SEND SUCCESSFUL *** City of Orono 2750 Kelley Par/<vvay P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-46"1 6 FAX TRANSMISSION COVER SHEET Date: 7 January 2010 To: Al Annestad Fax: 952.474.6407 Re: Subdivision application 1 0-3438 Sender: Melanie Curtis. Planning & Zoning Coordinator YOU SHOULD RECEIVE _2_ PAGE:(S), INCLUDING THIS COVER SHEL'.=T. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952.249.4627. Please see the attached comments from the City's engineer regarding your application. Please contact me at 952.249.4627 if you have any questions. I attempted to send this information via email however the email address provided within your application materials seems to be inaccurate. Please provide me with your email address for correspondence purposes. Thank you. Melanie Date: 7 January 2010 To: Al Annestad Fax: 952.474.6407 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Re: Subdivision application 10-3438 Sender: Melanie Curtis , Planning & Zoning Coordinator YOU SHOULD RECEIVE _2_ PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952.249 .4627. Please see the attached comments from the City's engineer regarding your application. Please contact me at 952.249.4627 if you have any questions. I attempted to send this information via email however the email address provided within your application materials seems to be inaccurate . Please provide me with your email address for correspondence purposes. Thank you. Melanie MEMORANDUM Date: 5 January 2010 To: Nate Stulc, Assessor From: Melanie Curtis, Planning & Zoning Coordinator RE: Park Fee Determination 1535 Bohns Point Road (Attachment) The Orono Planning Commission will be reviewing a Preliminary Plat for a 3 lot subdivision of property located at 1535 Bohns Point. The property surveyor has determined the total lot area is 4.89 acres. Payment of Park Dedication fees is determined as 8% of the fair market value of the land being subdivided, or a maximum of $5,550 per residential dwelling unit. Please calculate the fair market value of the land to be subdivided. The Planning Commission will review this preliminary plat application at their January 19, 2010 meeting. Please let me know if you have any questions. Thank you. Lc.V\~ Zw°I ve-. lv.,e == l/4osz~ I dt' 4 51? ovo lP I I C:l!IU = = '=--_ _:=::;·\;.JJ::::-- uewspa1:.ers AFFIDAVIT OF PUBLICATION STATE O F MINNE SOTA ) ) ss. COUNTY OF H ENNEP IN ) Richard Hendri ckson, being duly sworn on an oath, state s or affir ms that he is the Chi ef Financial Officer of the newspaper(s) known as Plymouth, Wayzata , Orono Sun-Sailor and has full knowledge of the fact s stated below: (A) The ne wspaper has comp li ed w ith a ll of the requirements cons tituting qua lifi ca- tion as a qu alifi ed newspape r as provid- ed by Minn. Stat. §33 1A.02, §33 1A.07 , and other app li cable laws as ame nd ed. (B) Th e prin ted pub lic noti ce that is att ached was publi s hed in sa id newspape r(s) once each week , for~ success ive week(s); it was fi rst publ ished on Thurs- day, th e _7_ day of January 20 10 , a nd was thereafter printed and published on every Thur sday to and in - c ludin g Thu rsday, th e _____ da y of ________ , 2010; and print ed belo w is a copy of the lower case alp ha- bet from A to Z , both in c lu sive, w hi c h is hereby acknowledged as being th e s ize a nd ki nd of typ e used in the compos iti on and publ icat ion of the notice: abcdefghijklmnopqrstuvwxyz Su bscribed and sworn to or affirmed before me on th is _7_ day of Janu ary , 20 10. -e . . MARY ANN CARLSON NOTARY PUBLI C -MINNESOTA MY COMM ISSION EXPIRES 1-3 1-14 City of Orono (Officia l Publication) NOTICE The Pla nn ing Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday. January 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the fo llowing land use applications: 06-3234 Beisel & Dunlevy, PA on behalf of Bridgewa- ter Bank. 4725 & 4731 North S hore Drive , LR -1 B zon ing d istri ct, requests renewal of approvals granted in 2006 for lot lin e rearrangement s and lot area, lot width, and hard- cover var iances in order to create two lots where three lots previously existed. 08 -3350 J. Sven Gustafson on behalf of Frederick Pe- ters , 31 27 Casco Circle, LR-1 C zo nin g d istrict, requests a revis ion to the p reviously approved side setback va ri- ance for the tennis court to have a 22 -foot setback on th e so uth side and a 30-foot setback on the north s ide instead of a 30-foot setback on the south side and a 22-foot set- back on the north side . (The required setback is 30 feet.) 09-3407 Anna Ovsyannikova on b ehalf of El e na Ovsyan nikova , 3409 Eas tlake Street, LR-1 A zoning dis- tri ct, requests creek setback, side yard setback and hard- cover variances and a conditional use permit for fillin g w ithin the floodpla in in order to constr uct a new detached garage on the property. The new garag e is proposed to be constructed 3' from the side lot line where a 1 o· setback is norma ll y req uired, a 40 ' setback from the c reek w here a 75' setback is normally required. Ha rdcove r is proposed to decrease within the 0-75' setback from 63.25% to 50.16% where 0% is normally allowed and is proposed to decrease by 7 square feet within the 75-250' resulting in 49.16% wl1ere 49 .70% currently ex ists and 25% is nor- mally a ll owed. 09-34 14 Patrick and Kathleen Middleton, 720 Tonkawa Road , LR -1 B zoning dist rict , request a revis ion to the previously approved structural cove ra ge va riance to a ll ow 18.01 percent structural coverage when 17.85 pe r- cent was approved and 18.64 percent previously exis te d. The purpose of this change would be to allow a 36- squa re-foot entry porch rather than a 16-squa re-foot entry porch . Hardcover variances are also requested to clar ify the amount of hardcover allowed in the 0-75, 75 to 250 and 250 to 500 foot zones. 09-3418 Dennis Batty on behalf of Brook Investment Group LLC, 3421 to 3435 Shore line Drive , B-1 zoning district. requests commercial site plan approval to con- struct a separate. two-story building on the east end of the existing building on the property. The proposal in c lu des structural coverage. hardcover, parking lot se tback and building setback var iances as we ll as a va ria nce to the number of required pa rking spaces. 09-3425 James Johnson. 650 Big Is land , RS zon in g district. requests an after-the-fact conditional use perm it and after-the-fact hardcover varia nce for lake-side retain- ing walls a nd a patio within 75' of the OHWL. 10-3438 DNA Properties, LLC . 1535 Sohns Point Road . LR-1 B zon in g dislri ct , requ es1s preliminary pla t ap - prova l ,n order to create three one-plus acre lots where currently one 4.89 acre property exists resulting ,n two ad- ditional bui ldable lots. 10-3439 Sean and Marie Mc Lean . 25 Cygnet Place. RR-1 B zoning district, requests a setback variance to con- struct an open entry porch with a 36 -fo ot set back from Cygne! Place when a 40-foot setback exists and a 50-foot satback ·.s required and approval to change the roof line over the existing entry porch and portion of the garage wi thi n the 50-foot setbacks from Cygnet Place and Wa - tertown Road . 10-3440 Robert and Mary Sansevere, 745 Orchard Pa rk Road , RR-1 A zoning district, request a va ri ance to a ll ow two Overs ized Accessory Structures (OAS) on thei r property where one OAS is no rmall y allowed and one OAS curren tl y exists. An OAS is an accessory bu ilding 1,000 square feet or above . The applicants cu rr ently have one, 1 ,200-square-foot OAS on the prope rty and would like to construct a new 3.000-square-loot building . 1 0-3441 Magdalen M. Pidgeon Trust, Madalyn J. Epple Tr ustee, 3625 Eilee n Street, LR-1A zoning distr ict. re- q uests subdivision approval to create a separate tax par- cel for the portion of tax parcel 05-117-23-24-0039 that is owned by the Magda len M . Pidgeon Tru st. 1 0-3442 Dirk Miller of The Emily Program , 2180 North Sh ore Dri ve, RR-1B zoning district, request s approval of a conditional use permit to all ow an 8-bed, in-patient eat- ing disorder re sid en tial treatment facilit y on the property. 10-3443 Lecy Brothers Homes on behalf of Timothy & Juliann Hadden , 2655 Shadywood Road , LR-1 B zoning district , reque sts a 0-75 ' zone hardcover varia nce and a lake setback variance in order to construct a new home on the property. 10-3444 City of Orono proposes an amendment Chap- ter 78 of the Orono Code (also known as the Zo ning Code) to define a s ite plan review process for the Business (B) and Industrial (1) zo ning districts to replace the co de pro- visio n that requires City Council approval of all bui lding permits in the se zon ing districts. All persons wis hing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to c hange prior to th e hearing . Writlen comments are ac- cepted and shou ld be submitted to the City of Orono by January 12 , 20 10 ii possi ble . Interested persons may re- view the application at City offices. For an appointment, please c all (952) 249-4620. City of Orono By: Planning Commission Published in tl1e Sun Sailor o n January 7, 2010 . Pos ted at: Orono Ci ty Offices. Crystal Bay Post Off ice . Long Lake Post Office. Navarre Post Office (Jan. 7. 2010) a2-hrgs 01-16-2010-CM CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #10-3438, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of January, 2010. if};~~ Monica Fadness 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 Orono Council Chambers at 2780 Kelley Parkway on Tuesday, January 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications : 06-3234 Beisel & Dunlevy, PA on behalf of Bridgewater Bank, 4725 & 4731 North Shore Drive, LR- 1 B zoning district, requests renewal of approvals granted in 2006 for lot line rearrangements and lot area, lot width, and hardcover variances in order to create two lots where three lots previously existed . 08-3350 J. Sven Gustafson on behalf of Frederick Peters , 3127 Casco Circle, LR-1 C zoning district, requests a revision to the previously approved side setback variance for the tennis court to have a 22 foot setback on the south side and a 30 foot setback on the north side instead of a 30 foot setback on the south side and a 22 foot setback on the north side . (The required setback is 30 feet.) 09-3407 Anna Ovsyannikova on behalf of Elena Ovsyannikova, 3409 Eastlake Street, LR-1A zoning district, requests creek setback, side yard setback and hardcover variances and a conditional use permit for filling within the floodplain in order to construct a new detached garage on the property. The new garage is proposed to be constructed 3' from the side lot line where a 1 O' setback is normally required, a 40' setback from the creek where a 75' setback is normally required. Hardcover is proposed to decrease within the 0-75' setback from 63.25% to 50.16% where 0% is normally allowed and is proposed to decrease by 7 square feet within the 75-250 ' resulting in 49.16% where 49. 70% currently exists and 25% is normally allowed . 09-3414 Patrick and Kathleen Middleton , 720 Tonkawa Road, LR-1B zoning district , request a revision to the previously approved structural coverage variance to allow 18 .01 percent structural coverage when 17. 85 percent was approved and 18 . 64 percent previously existed. The purpose of this change would be to allow a 36 square foot entry porch rather than a 16 square foot entry porch. Hardcover variances are also requested to clarify the amount of hardcover allowed in the 0-75, 75 to 250 and 250 to 500 foot zones. 09-3418 Dennis Batty on behalf of Brook Investment Group LLC, 3421 to 3435 Shoreline Drive, B-1 zoning district, requests commercial site plan approval to construct a separate, two-story building on the east end of the existing building on the property. The proposal includes structural coverage, hardcover, parking lot setback and building setback variances as well as a variance to the number of required parking spaces. 09-3425 James Johnson, 650 Big Island , RS zoning district, requests an after-the-fact conditional use permit and after-the-fact hardcover variance for lake-side retaining walls and a patio within 75 ' of the OHWL. 10-3438 DNA Properties , LLC , 1535 Sohns Point Road, LR-1 B zoning district , requests preliminary plat approval in order to create three one-plus acre lots where currently one 4 .89 acre property exists resulting in two additional buildable lots. 10-3439 Sean and Marie McLean, 25 Cygnet Place, RR-1 B zoning district, requests a setback variance to construct an open entry porch with a 36 foot setback from Cygnet Place when a 40 foot setback exists and a 50 foot setback is required and approval to change the roof line over the existing entry porch and portion of the garage within the 50 foot setbacks from Cygnet Place and Watertown Road. 10-3440 Robert and Mary Sansevere, 745 Orchard Park Road, RR-1A zoning district, request a variance to allow two Oversized Accessory Structures (OAS) on their property where one OAS is normally allowed and one OAS currently exists. An OAS is an accessory building 1,000 square feet or above. The applicants currently have one, 1,200 square foot OAS on the property and would like to construct a new 3,000 square foot building. 10-3441 Magdalen M. Pidgeon Trust, Madalyn J. Epple Trustee, 3625 Eileen Street, LR-1A zoning district, requests subdivision approval to create a separate tax parcel for the portion of tax parcel 05-117-23-24-0039 that is owned by the Magdalen M. Pidgeon Trust. 10-3442 Dirk Miller of The Emily Program, 2180 North Shore Drive, RR-1B zoning district, requests approval of a conditional use permit to allow an 8-bed, in-patient eating disorder residential treatment facility on the property. 10-3443 Lecy Brothers Homes on behalf of Timothy & Juliann Hadden, 2655 Shadywood Road, LR- 1 B zoning district, requests a 0-75' zone hardcover variance and a lake setback variance in order to construct a new home on the property. 10-3444 City of Orono proposes an amendment Chapter 78 of the Orono Code (also known as the Zoning Code) to define a site plan review process for the Business (B) and Industrial (I) zoning districts to replace the code provision that requires City Council approval of all building permits in these zoning districts. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by January 12, 2010 if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission To be published in the Sun Sailor on January 7, 2010. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 12/4/2009 38 08-117-23 44 0006 CA THERINE M SALLAS 3220 BOHNS POINT LA CA THERINE M SALLAS 3220 BOHNS POINT LA WAYZATAMN 55391 38 08-117-23 44 0009 EDGAR J MCDONALD ET AL TRUST 3265 BOHNS POINT LA EDGAR J MCDONALD 10150 VERONA LAKE LA MIROMAR LAKES FL 33913 38 08-117-23 44 0024 KATHLEEN A HALLORAN ETAL TRS 1595 BOHNS POINT RD PA TRJCK J HALLORAN KATHLEEN A HALLORAN 1645 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0005 DAVID M LEAVENWORTH 1500 BOHNS POINT RD DAVID M LEAVENWORTH 1500 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0008 WDLARSON 1580 BOHNS POINT RD WILLIAM D LARSON I 0700 L YNDALE A VE S PO BOX20087 BLOOMINGTON MN 55420 38 17-117-23 II 0004 WENDY W DANKEY ET AL 38 ADDRESS UNASSIGNED WENDY W DANKEY 3034 CASCO POINT RD WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: l 38 08-117-23 440007 LL WEBER & WE WEBER 3230 BORNS POINT LA LEE L & WARREN E WEBER 3230 BORNS POINT LA WAYZATAMN 55391 38 08-117-23 44 0010 H& VSWEATT 3225 BORNS POINT LA HENRY L SWEATT 3225 BOHNS POINT LA WAYZATA MN 55391 38 09-117-23 33 0003 M&VWAGENER 1420 BORNS POINT RD MAURICE J WAGENER 1420 BORNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 FREDERJCUS A COLEN TRUSTEE 1520 BORNS POINT RD FREDERJCUS A COLEN 1520 BORNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0001 WENDY W DANKEY 1600 BORNS POINT RD WENDY W DANKEY 3034 CASCO POINT RD WAYZATA MN 55391 38 17-117-23110005 RANDALL A GREEN 1629 BOHNS POINT RD RANDALL A GREEN 1629 BONHS POINT RD ORONO MN 55391 38 08-117-23 44 0008 R J RlTTER & M K RITTER 3260 BOHNS POINT LA ROBERT J & MARY KRITTER 3260 BOHNS POINT LA WAYZATAMN 55391 38 08-117-23 44 0023 MERSINC 1535 BOHNS POINT RD BAC HOME LOANS SERVICING 400 COUNTRYWIDE WAY SIMI VALLEY CA 93065 38 09-117-23 33 0004 CHLOE HELD MORAN 1480 BOHNS POINT RD CHLOE HELD MORAN I 480 BOHNS POINT RD WAYZATAMN 55391 38 09-117-23 33 0007 MARY JANE HAUSER 1540 BOHNS POINT RD MARY JANE HAUSER 1540 BOHNS POINT RD WAYZATAMN 55391 38 17-117-23 11 0003 R L ROVICK & CJ ROVICK I 625 BOHNS POINT RD ROGER L & CAROL J ROVICK 1625 BOHNS POINT RD WAYZATAMN 55391 RECEIVED Di:::-c· 1· 1 2010a L_ . J~-:, City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 For Office Use Only : rU j~ City Planner: J.. , Meeting Dateffime: ' PC Date: ( /d.A(L ~ ( 0 V What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION : Site Address: / t?35 ~f" ro ~ Property Identification Number (PIN): _cJ--'-?_-'-':/_1 _7 _-_l-"3--_~,_'1_.___-_t?_o_icc..,J,.__ _________ _ Zoning District: v¢---I f3. Size of Property: ~ . .rer t .11cu1 DESCRIPTION OF REQUEST: □ Lot Line Rearrangement □ Sketch Plan 0 Other: ~Preliminary Plat/Subdivision □ Final Plat I am aware that it is my responsibility, as the "applicant", to contact additional jurisdictional authorities and comply with all applicable regulations in conjunction with City of Orono approval of my proposal. A licant's Initials: A, OTHER INFORMATION: *Please note: Your subdivision application w · OT be accepted without a pre-application meeting during which this f will be com · ed y DEC l 1 2009 CITY OF ORONO J.343 · DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. 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. /µI /1 f_f O f)e/' t'/~ 2 L ' L ' C ~ /T'\ <C2.. 1 I _ MIDo{_E ~ '--' / ~"K CD;, / ADDRESS !: ~4 //_,J w J J.-f,_3.. //I, CITY STATE, ZIP 14 LAST PHONE r: If RECEIVED DEC 11 2009 CITY OF ORONO 343 MEMORANDUM Date: To: From: RE: 21 December 2009 Tom Kellogg, City Engineer Melanie Curtis, Planning & Zoning Coordinator File # 10-3438 at 1535 Sohns Point Please review the enclosed information for a subdivision and provide comments by January7th or before for the January, 19th Planning Commission meeting. Please call me at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, CITY of ORONO 18 December 2009 DNA Properties LLC PO Box 651 Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #10-3438 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a preliminary plat for property located at 1535 Sohns Point Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Tuesday, January 19, 2010. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please contact me at mcurtis@ci.orono.mn.us or 952.249.4627 should you have any questions. Sincerely, ~ Melanie Curtis Planning & Zoning Coordinator Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- PERMIT NO.: 2009-00891 DA TE ISSUED: 12/11/2009 952 249-4600 FAX: 952 249-4616 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE NOTE: 1535 BOHNS POINT RD 08-117-23-44-0023 DIVISION #050376 LOT 001 BLOCK 001 ESCROW FEE -APPLICANT RESIDENTIAL ESCROW FEE -APPLICANT THIS ESCROW IS CONNECTED TO VARIANCE APPLICATION #09-3438 APPLICANT ANNEXSTAD, ALBERT & CATHERINE 1535 BOHNS PT RD WAYZATA, MN 55391- OWNER ANNEXSTAD, ALBERT & CATHERINE 1535 BOHNS PT RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. I I Applicant Permitee Signature Date ESCROW FEE -APPLICANT TOTAL SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. 2,500.00 2,500.00 CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- PERMIT NO.: 2009-00891 DATE ISSUED: 12/11/2009 952 249-4600 FAX: 952 249-4616 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE NOTE: 1535 BOHNS POINT RD 08-117-23-44-0023 DIVISION #050376 LOT 001 BLOCK 001 ESCROW FEE -APPLICANT RESIDENTIAL ESCROW FEE -APPLICANT THIS ESCROW IS CONNECTED TO VARIANCE APPLICATION #09-3438 APPLICANT ANNEXSTAD, ALBERT & CATHERINE 1535 BOHNS PT RD WAYZATA, MN 55391- OWNER ANNEXSTAD, ALBERT & CATHERINE 1535 BOHNS PT RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. I Applicant Permitee Signature Date ESCROW FEE -APPLICANT TOTAL OE SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABO 2,500.00 2,500.00 LAND USE APPLICATION ESCROW AµREEMENT Application # t {;) -'3L/--o y' AGREEMENT made this / ]f day of [)eC.,&rnfx-r20 Oq_ by and between the CITY OF ORONO , a Minnesota municipal corporation ("City") and LJALA /,< Ol£tn E.F , //1./C: , [a corporat ion -optiona~ ("Owner"). Recitals 1. Owner has filed loning Application# I 0 review plans for ~bd I vi~ _ located at5g $ _n.f" P'IJ, vi,J- formally requesting the City to the "Subject Property") as more fully shown and described on Ex hibit "A " attached hereto . _ 2. Owner requests the City to review said plans which requires City approval including $ faff ~C/Jl #WY '=I (l#VVYlUj 1[8Vi ~- 3_ The City is w illing to commence its rev iew of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement , the Owner shall depos it $ -Z.5?0-with the City. All accrued interest , if any, sha ll be paid to the City to reimbu rse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the C ity has incurred (including planning , eng ineering , or legal consultant rev iew) or w ill incur in meeting with the Owner, rev iewing the plans , and preparing agenda packet material for City Counci l review of application # IO -3t/:3~ . Eligible ex penses shall be consistent with expenses the Owner would be respons ib le for under a zoning and subdivision applicat ion. 3 . MONTHLY BILLING . As the City receives consultant bills for incurred costs , the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above , the C ity may draw from the escrow account without further approva l of the Owner to reimburse the City for el igible ex penses the City has incurred . The City shall notify the Owner of such draw and the nature of t he ex pense for which the reimbursement is be ing made. If the Escrow amount fails below 75 % of the or igi na l es crow arn ou nt the Ow ner shall deposit additional sums as directed by the City , or the City shall discontinue all review . 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any , shall be returned to the Owner when the review has been completed . 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject ro erty pursuant to Minn. Stat.§§ 415 .01 and 366 .012 .