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Home My WebLink About Project Packet• Vilingo of Orono Zoning Varianco Application erect ons toApplicant: l-or Official Uso Only INan. e_ f Cane No. L a. Fill out this form in duplicato by typing or printing in ink. If the spacon provided are insufficien-, use additional shoots, keying; irS: •motion to the proper item number. b. Attach all supplementary manorial b;• paper clip. C. File duplicate applicetionn and fi1::.;; fee ('n j with Zoning Administrator. ROGF.Rs, JR. FRED V. I. —Kama of Owner: Last, Pi r.,; t) i•l ddle 3175 NORTH SHORE DRIVE WAYZATA, MINN. 55391 41"1-MC20 . Iddresa o Owner: No. and 3troet (City and .one Phone 1410 bOHNS POINT ROAD j. Street Addreas of Property Involved: e�-,a1 Tie 3� i•iption of PropertyInvolved: THAT FART OF C;OYERNMENT LOT 1, SEC. 9, TOWNSHIP 117, RANGE 23, HENNEPIN COUNTY (,SURVEY Of FILE) Does tni n property Gorder on or 1 is rr.r�ie iy within an Fid joii►i% municipality? NO. 6. Present so: reposed Use: 13. Date Prop"rt— y HAS SIN(7LE FAMILY AcQq ui red: I)WELLIN::; ON IT. SINGLE FAMILY DWELLING !PfIRCIMSE AGREEMENT Y,%y."d �CLUS1Nt; �/7S Present Zoni nC ni a trio t : 14 ` r,�_ t 10. Variant:#,- is requested from the followirC sections of the Zoning A ^d i nanr, e : 32.242 1 1 , Mint aro the requirfimonts of Lhe ordinance :sections li:;Lod in Item 10? MIN. LOT SIZE - 1 ACRE - 43,560 SQ. FT. MIN. LOT WIDTH - 140' 12. : tote exa0t.I y w11n t i" 111turraio(1 t(, be doiv! can or• wi th the property which door not cOnf r►rm with oxi 3t ink* ref;ulaticns: C()NSTR. NEW HOME OR REMODEL 6 REFURBISH EXIST. GARAGE INTO DWELLING TO MEET ALL STATE BLDG. CODES 6 LOCAL, ZONING ORD, ON SUBSTANDARD PARCEL OF 28,000 SQ. FT. - 107 ' WIDE. VARIANCES REQUESTED - WT AREA - 14,440 SQ. FT. LOT WIDTH - 33 FT. 13. Has un appl i cation for zoni • variance on the :;.arse property been acted upon by the Village Coumil within the last Aix monthu? If :;o, :mate the dato of the Villa-,o C(.)u,lci113 action. APPROVED OCT03ER 22, 1974 WITH CONDITIONS NOTE e law r,equiron that t,hr conditior►:: Set forth in the I011vwir►,; Llivou 1 -CIIIJ 11t, 15, :1rid 16 I'U"1 be C.^•tl�bll::fl(?iy befo.-o a variance can he Cranted. Explain in detail after each atatemont. wheroin you;- cr,;;u confoM3 to the requirements. �. Difficult.iun of 11,ird::hin to Uarnc•r. uric. application of tho provi aiun►; of file Loai r►jr Ovo inrjnco would re—, ult In poculiar and hr-actiral Jii'fieult.ico or c:xv(-pt.ic,nu! or undue hardship upon Lho owner of the lot in devol;;)ir}r or uz;in� such lot in a manner cuatorvir,y and legally pomi3cible within the zonint; district in which ;;aid lot is located. Granting; of the variance I.; necc:;iury for the pro!erration and enjoymant, of a oubzt+antial }property ri;;ht of the appli- 4:cant and to alleviato domon:;trablo hardship or uiffi :ulty and will not. moruly norve as a convenience to the applicant. Explain in (tot -ail. 1. I PURCHASED THE PROPERTY PREnrCATED ON THE FACT THAT IT (70111.D BE MILT ON. 2. IT HAS IN FACT BEEN PLATTED. 3. THIS U)T WAS PURCHASED AT A SUBSTANTIAL PRICE - WAS CDJSED ()N MARCH 1975 AFTER THE. APPORVAL WAS VBTAINF.D. 4. 1 WAS URvED Bl' THE PLANNING L()M.MISSIJN T() PROCEED LAST YEAR w:TH THE APPLICATION, EVEN THOUGH I EXPRESSED 1 h".ILD NOT BUILD ON THE PRC'PEPTY DURING THE 22 MONTHS.A-TREIR REASONING WAS IT SET PRF.CFDENC. FOR THE PROPERTY. B. THE VILLAGE HAD NEVER DISAPPRUVED AN APPLICATION ONCE IT HAD BEEN.APPROVED. 5. SEWER HAS BEEN PUT IN. exceptional Conditions of thc' Lot: 11)ere are Spacial- condi-tions narrowness, a allownes:j or Shape of a lot, exceptional topoC.raphic or water conditions or other Oxtraord i nary And exceptional conditions o" ;such lot) r,pplyinkr to the Structures or land in yuostion that aro peculiar to the property involved or immodiately adjoining property and do not apply Generally to other land or 3trucLures in the district in which said land is located. Cxp1hin in detail. THE LOT IS LESS THAN ONE ACRE F:Tfect on Noighhorhood and Cori i:rr;hen.1vr Plan: Grant inG the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public stroot:;, incren.ge the danger of fire, endanger the public aafoty, unreasonably diminish or impair establizhed property val►res in tho surroundirg7, area, or in any other way Impair health, safety, comfort, morals, or in any other respect be contrary to the intent of Lhe Zoning Ordinance and any applicable comprehensive plan. `:xplain in detail. NONE.S I NCE THE SAA4 yWiY SEWER HAS BEEN INSTALLED. HAVE REMOVED THE CURRENT HOME ON LOT. NOTE: The following material must be attached to this application. 17. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. ( copies) 18. An Abstractors certified property certificate listing the names and addressee of the owners of the land within 1.50 feet of the boundaries of the affected property as those marries appear on the records of the County Auditor of Hennepin County. 19 Acknowledgement and Signaturo: The undersigned hereby repre- sonts upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the Action herein requested, that all :statements herein are truo and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of i4innesota. Date For Official, Comments Only: NAME o s WtA J. i S L FRE0 QC) ;E Z I 1 It r kc �K ADDRESS DF r :% PROPERTY OWNERS 1.151 C3o�;�- �` DESCRIPTION LOT BLS. i c) Ilil� 1 i I i IA i �"'. •. j t � I It �; is •� � 7 �' I ` i I PARCEL R #79 1 VILLAGE OF ORONO BUILDING PERMIT ! c OWNER / c r, r•-Ir PHI. .c NO. Sec. No. Parcel No. lot ND DESCRIPTION Size of lot �• �� Land Sq. Ft. Elevation ONSTRUCTION PURPOSE OF BUILDING _ BUILDER t,Jl �� n �N ��r C`JC'✓1 i ADDRESS _PERMIT ND 2071 `PHONE NO. Al - Block Addition or Subdivision AT /- BUILDING IOCN ccDis. From Rood Dis. Sides Dis. Back Drainage Frame ✓ Brick, Solid Stucco Brick Veneer Stone Cement Block., r� ✓ OTINGS ` '; 'least Ls Depth Depth v. y Width .0 t; " r� Below Grode , DATION - Construction �ASEMENT Ground Drainage be, ng Posts r c1Cc4 Size Floor Size Spacing !4 r r Size Span I J NO. OF FIREPLACES r No. Type Foundation C,C,1 Height Above Roof Smoke Pipe -- Distance From Joists IOORS----- — I'v cflle Sub Flooring Joists Ilrn Size} t e Span �b Spacing t l!), C, Bridging 3 Bearing A4 if TUDDINGS RAFTERS CEILING JOISTS Size �;.cl efts 9- �► Site ; .c(.- Spacing �'' Spacing /C, r Spacing Plates ,v Spon I �, r Longest Sponl'J Bracing ur'Ih � ✓w��• _ KITS r QIJA. C Lot Rosernent - No. -� Sit* Stairway / st Flour - No. c� �; Sire 2j o,l SWrwoy ULATION — Coiling ,5 r .. Welk C FSt-_.__._—_____-. _- it CONTRACTOR r -- _ -- VENTILATION AND LIGHT Percentage of Floor Area Vent. Percentage of light to Floor Area -LINTELSAj -- -_ .__..^. Size Ll ♦V l ti _ 's..-+_,/� 1-7 Span !_ Location - WELL TYPE ----------- _-------------- — Construction location SEPTIC TANKS OR MUNICIPAL HOOKUP ❑ Size Distance Frorn Well Construction DRAINFIELD Depth Distance From Well Width Distance From Lot Lines length PLUMBING FIXTURES Gar6ege Disposal % Dish Washer / /I Shower lounc ry 1 Toilet / _ Both 1,ib f --�--- _-- lavatory/ 44Li414 1p r Doh r'J Bldg. S /_77E'rmb. S ._ _ _. Sewage : Site Examination S _ _. WON S. _..__. Total S WELL DRIVER _ ADDRt S3 Aa Apprese%_t�.powr+.eestse eases •St t s".1 q'i f Ib 5 IS f3s T R A cT eh... 40 LA; L Dili;YS."I hL. ly ?s 215 2g r• s �B � • 1 q E ��4 •�s �a/ too .A �rsq•Jt E Vr '/ M] f 0 f nr Jn cq �! in 00"m-lent Lot 1, "cation 9-117-:) �. . WW Cer •I I►a -- -a45 r s t.•.f.a1 N l-nt of the �I L +i •'� l � �__ IMF S 1 I' �«a — — — -- -- 3 o A iv m r If e A P C�;rt ;°icatr of Survey: I herehv cortify that thin is trio and ^�-rect rPnr-nP- :limn of iu:vw of the boirv'arips of the rth 66(.� f^ot i' thn Svitf li'.^.9 r•t of Gov�rn'na^t Lot 1, `lectior. 9, /East vnship 117 '-'orth, panre 23 uc.-+t0 ept t:hrat pelt of th-- 'Irrt.ht of said `'outh 110r.p f-st lv{nr 6:,:. of tho We, L 442.r3 romt thereof; ept an eseesent for inrrr-,, -inl rI I'.• •f f#. 1 n 1 1) South 116r.p fPnt of ; re West 1.42.7,P3 feet esa Aver tT.P "forth 25 fe, t of t}g of tail Gov-rnnont Lot l; r;)t, of thw location of all builr".ars tl;Prenn. This survey In -mie only ir. co-.r►ection with it rrofoePfl niih- ^ivi.ior of the rroperty; any. no monu.-,ernts have heen pla.od for the pur.-ose of •�tn`''�'- ins lot linos or houmlary corners. (; 1+ Ks ley, Per. 'to. grvcr' R. Kelley Poop. nr. 1 Gordon R. Co'': to Rev. O,r f,4' 5c•,Ie� 1" s 1^^t KT1'.FY Rr IMt.it'T, l:rsP'nr•ers 4 :,z --vcfr sw c.•.•• .t Dates July 11, IC062 Lon! Inke, y1 •t.qotA T * /'120 1.0 IAw^� A'►Y n✓r�,4 ,nlltrl ,w.�/a��r1,,1►i M � i/Ii1I✓1►1aa M• As AMP w alrnr awi! 9C s ' � r' �� /aso n.✓ rK7r � a.rr `I trn K�Mc� Affl ✓ 7 /W iow "WO 0-4 AMMON AMM FNW ` i ;I L60 A•A &"W`sgr►wf A.rAM "1Mp &'f140010' 00 PA111r4$W AWM4I av ~ oFe" AV~ • /was a1�.GA w✓ /AiM fAV JJImNM --- j ii /i l �.,..,90.4,01.w.� 41 w „v 6View - �. .�scw - _ = =� ► a uEa Pgoals I `241Eu"- - r cer rfr,It77 .�-6 f.i.'r' r , �+o t fig E , y� �/ / t./NE Ors/rs/y rAA a i � 16 „.••,,. , fliD E PI - , < <.• r f 1- ,- is Jvwcl�[R "•r cstt 440 "tom i ♦K��°� �,, P�J� SLACK I/NlS Ov ,14AZ CAV/Oov w/"V"IV WHIrw A?lAOt O�W`VSL 7e dCAwar lo'1��K �• i rl,c�•,:...;,.•,...r�r.r.rl*^iz�/.!"sOLL%t70N#'S'/ 7• � t f � 1. 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OLW^J '00//126 j►t CI rY cf C), VA)C2 4.3o•7t dam Ar ajol _•` s a ,, /� a _ \\ ;' n^` i �•OP i sy �s �• � i Gf �! 2 e �' � s `\' � � ,� tip; �� a � � i.f •� � �r, �: ,,h N �^'_ � �� d � !� _ i is i • • r I �o � .. � ��, �• too �� o �_ � �� . � �� ' � a� .� ` f f Pft CL fe d $ 04. p 9 ti U t lim wo Ir -� I\ '�t i+ .� � �LyTA"!�'.. i/�'.. .7.�iP�_ �• �.. . _ , s.•�i/ . �Y t 1'. L 1 � i�� 1 . �E ' S v rOR SEC o MINUTES OF A REGULAR MEETING HELD OCTOBER 8, 1974 Page 3 / I % Nassengale moved, Paurus seconded, that the VARIANCE L request for a variance for Fred Rogers, 1410 Bohn's Point Road 1410 Bohn's Point Road, be referred to the Planning Commission. Motion, Ayes (3) - Nays (0). iassengale moved, Paurus seconded, that the VARIANCE request for a variance for Donald Ekeberg, 1056 Loma Linda Avenue 1056 Loma Linda Avenue, be referred to the Planning Commission. I•lotion, Ayes (3) - Nays (0) . Massengale moved, Paurus seconded, that the DIVISION request for a division for Charles Schoen, 1225 Briar Street 1225 Briar Street, be referred to the Planning Commission, Motion, Ayes (3) - Nays (0) . Massengale moved, Paurus seconded, that the NON-CONFOFTIING USE request for a non -conforming use for Nallin 2259 Shadywood Road Jungquist, Dahlgren Cleaners, 2259 Shadywood Road, be referred to the Planning Commission. I•lotion, Ayes (3) - Nays (0) . Paurus moved, Butler seconded, to approve SUBDIVISION a subdivision of Kermit Knutson, 3640 Bayside 3640 Payside Road Road, conditioned on legal and engineering requirements and that lots are combined for tax purposes, status of the highway dividing the property is also a condition in approving the division. Motion, Ayes (3) - Nays (0) . Paurn• moved, Massengale seconded, to grant a VARIANCE vari 12 under the lot of record ordinance to 999 Wildhurst Trail Karr% Lrockopp, 999 Wildhurst Trail, and a variance to the existing moratorium. Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to grant WETLANDS VARIANCE a conditional use permit and an excavation 141 Aackberry Hill permit to fill and grade I4r. Fisher's, 141 Hackberry Hill, back year conditioned on the City engineer and the building and zoning director's final approval and maintaining adequate drainage. Motion, Ayes (3) - Prays (0). Aassengale moved, Paurus seconded, that RESOLUTION #562 Resclution 0562, street light assessments, Street Liqhts br, adopted. Motion, Ayes (4) - Nays (0) . TO: Dick Benson, Villaqe Administrator FROM: Mike Scheller, Buildinq Inspector DATE: October 10, 1974 SUBJECT: Lot Sizes Variances - Fred Rogrr:; - 3175 North Shore Drive and 1410 Bohn's Point Road Fred Roy�_�rs, through a trade of property for a residence he owned, has acquired two lots he wishes to r.stablish a, building sit(-s. I will take each separately. Tract G, RLS 269 has 0.49 acre of the required one acre. The area will be sewered in the near future and is the list of seven lots in this subdivision all substantially the same size. These lots are serviced by a private easement. Parcel 1210, Sec. 9 is 100' X approximately 240' or 24,000 ' of the required one acre. This will be serviced with the same sewer project in the near future and is also serviced by the same private easement. There is an old residence can it that would have to he razed. I would recommend approval on these two lots. PLANNING COMMISSION MINUTES, OCTOBER 15, 1974 Page 2 Variance, Arthur Bendel, 3559 Ivy Place, Lots 184-185, Spring Park. liembers concurred that since ivy Lane, running parallel with subject 'ot, only shows a width of 181, a survey should .e presented to the panel before any further study be made. Dr. C. C. Berg, 4080 Bayside Road, presented a new subdivision proposal showing the new lot size to be 2� acres instead of the original one acre. Pesek stated that one of the conditions to granting a variance was that a hardship be indicated. Since t1�-ire was enough land available to meet the : osed five acre zoning, he felt value shoui" riot be variable in considering variances, using a rule of thumb that more lots make easier sales. Van Nest felt Dr. Berg had met the spirit of the zoning by increasing his acreage 2� time the original proposal and the topography was such that this would be an adequate lot. Pesek moved, Kallestad seconded, that the division be denied. Iotion, Ayes (4) - Nays (0). Guthrie and Van nest Kay. Gasch abstained. Gasch moved, Kallestad seconded, that the conditional use fur Butterfield Flowers, 3743 'aatertown Road, to place a sign according to esign submitted, conditioned on its placement meeting the zoning standards of a 10' setback from any lot lines, be approved. Motion, Ayes (7) - Nays (0). Fred Rogers, 3175 North Shore Drive, represented himself in a presentation. Questioning revealed he livid on Tract H, adjacent to Tract G. Since the • ,3ts Tracts G & H more closely met the pre-.. zoning than Tract G alone, which was a bit shy of eTe-half acre of the required one acre, and the topography was such to make the two lots look like a single lot, Van Nest moved, Guthrie seconded, that the variance be denied. !lotion, Ayes (7) - *lays (0) . VARIANCE Arthur Bendel 3559 Ivy Place DIVISION & VARIANCE Dr. C. C. Berg 4080 Bayside Road CONDITIONAL USE PEPAI' Butterfield Flowers 3743 Watertown Road VARIANCE Fred Rogers 3175 North Shore Drivc Fred Rogers represented himself in regard to a VARIANCE variance request for 1410 Bohn's Point Road, Fred Rogers Parcel 1210, Sec. 9. Since this lot could not 1410 Bohn's ?oint Rol._ be combined with any other property of the owner, Van Nest moved, Guthrie seconded, that the variance be allowed conditioned on: No other variance but lot size and width be allowed. 2. The present house be razed by August 1, 1975. 3. The barn be razed as soon as a n-w re-i.dence is constructed. Motion, Ayes (7) - Nays (0) . UTES OF A REGULAR MEETING HELD OCTOBER 22, 1974 Mr. Fred Rogers, 3175 North Shore Drive, requested to be removed from the agenda at this time. Welsh moved, Butler seconded, to grant the variance for Fred Rogers, 1410 Bohn's Point Road, conditioned on the following recommenda- tions of the October 15, 1974 Planning Commission Minutes: 1. No other variance but lot size and width be allowed. 2. The present house be lazed by August 1, 1975. 3. The barn be razed as soon as a new residence is constructed. Motion, Ayes (5) - Nays (0). Welsh moved, Butler seconded, to approve the division for Charles Schoen, 1225 Briar Street, to transfer 12' from Monterey to Block 3, Max- wells, for the sole purpose of allowing a garage to be built, conditioned on combination of parcels after division. Motion, Ayes (5) - Nays (0) . Paurus moved, Welsh seconded, to grant a variance for Russell Wenkstern, 645 North Arm Drive, of 15' from the required 75' lakeshore setback. Notion, Ayes (5) - Nays (0). Butler moved, Paurus seconded, to approve the division for Dr. fd. ff. Yokoyama, 2675 Shadywood Road, conditioned on both lots using the same curb -cuts on Shadywood Road and stipulating that all water and sewer assessments are paid on both lots. Motion, Ayes (5) - Nays (0). Kr. Samuel ffarfiele, Scotch Pine Lane, requested to be removed from the agenda at this time. Welsh moved, Paurus seconded, to approve the building permit for Mr. Gary Dack, 4035 Dahl Road. Motion, Ayes (5)- Nays (0) . Representatives of the T.H.G. Investment Corp. appeared before the City Cozmcil to discuss their proposed development at Watertown Road and County Road 06. It was agreed by all parties concerned that -the status of the rerouting of Hennepin County Highway #6 in conjunction with the proposed ring route was a factor and that the Hennepin County Highway Department was involved at this time with developing a plan to acquire right-of-ways in this area. It was further agreed that we would request a progress report on the status of this proposed high- way construction as soon as it is available. Page 2 VARIANCE 3175 North Shore Drive VARIANCE 1410 Bohn's Point Road DIVISION 1225 Briar Street VARIANCE 645 North Arm Drive DIVISION 2675 Shadywood Road VARIANCE Scotch Pine Lane BUILDING PERMIT 4035 Dahl Road PRELI14INARY PLAT Watertown Road i 96 APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY VILLAGE OF ORONO, MINNFSOTA STATE FEE PENALTY FEE Y _ TOTAL FEE _ ✓ •) 'L, . _ _— — ulwrcnuws PER IT NO SPACES NUMBERED 1 THRU 1T MUST BE FILL ED IN 0 3027 1c1e1lNG DISTRICT of FORE PERMIT IS ISSUED PI P 1 T rsss . m or rpe t snt AODNFSti f � 1 DATE )�j — T LEGAL DESCRIPTION -------__.---.._-.. -.. PLAT NUMBER ��) P_AR_Cfl NUMBER Ff 4 OWNER IN 'Address) --- ----. .. --17*1 No) r _-- -_ s ARCHITECT NsmN IAddrsssl _ -- ITN No I t BUILDER INArrls) (Address) ITN NoJ 7 T YPE OF WORK • SIZf OF STRUCTURE ! NO OF STORIES IMe,�Itl (W,m) IOsPIPI 1 COMPLETION OATE11 PR0PERTYDIMfNSIt*4--- 14 TYPE OF CONSTFIUC IION It PROPERTY AREA SO F T 17 FRONT YARD 116 REAR YARD 110 EST'MA TEDCOST— - - Ili NO O-F F AMIL.IES 11f Appl- 16 LOST AREA PFR FAMILY SO FT It SIDE YARDS ACKNOWLEDGE MEN%* AND SIGNATURE: The underslgnra hereby represent% upon all of the penalties of la-, for the purpose of Inducing the VILLAGE OF ORONO to take the action herein requested, that all sutements herein arp true and that all work herein mentioned will be done In accordance with the ordinance of the VILLAGE OF ORONO, the State of Mlrinesota, and rulings of the Building Department 'i jj �� , J, 4 SIC.%A T URI A r►ROvt o F IRE ZONE AGGREGATE FLOOR AREA FLOOR AREA RAT1p — MATERIAL FILE WITH OFFSTREET PARKING CONSTRUCTION f;OOTING__ - -.--- —._-_ — F RAMING ---- --- -- — CERTIFICATE OF OCCUPANCY ISSUED l� fI DAIL RY 1 ORONID COUNCIL MEETING HELD DECERBER i. , 1975 Page 2 There are monies available through the Housing and Community Development Act of 1974 for all municipalities in Hennepin County who enter into a Joint Cooperation Agreement with the Council. This program was established in 1974 by Hennepin County. The municip-lities who entered into this joint powers agreement at that time have received monies this year. The formula used for allocations is based primarily on population rather than need. One of the problems brought to light at the last meeting is that a certain percentage of the monies received must be spent on low cost housing. The larger municipalities are the only ones which can assume such an undertaking .nd with the high costs of construction and land, they are notc`:lu to proceed. Therefore, the larger municipalities have recommended a new formula to set up a contingency fund from which they might draw additional funds to complete their low cost housing I:.-ajects. Paurus moved, Butler seconded, to adopt Resolution #652, A Resolution Authorizing The City Of Orono To Participate With The County In The Housing And Community Development Act Of 1974. (lotion, Ayes (4) - Nays (0). HOUSING & COMMUNITY DEVELOPMENT ACT (Continued) RESOLUTION #652 Housing & Community Development Act D»tler moved, Massengale seconded, that the VARIANCE _O quest of Fred V. Rogers, 1410 Bohn's Point 1410 3ohn's Point Re Road, for a lot area width and setback variance, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Butler moved, Ilassengale seconded, that the VARIANCE request of Thomas Nelson, 3245 Carman Road, 3245 Carman Road for a side yard variance, be referred to the Planning Commission. I•lotion, Ayes (5) - Nays (0). Butler moved, Massengale seconded, that the VARIANCE request of Vincent Johnson, 1376 Park Drive, 1376 Park Drive for a lot size and width variance, be referred to the P!.anninq Commission. Motion, Ayes (5) - i -ys (0) . ?sutler moved, flassengale seconded, that. the VARIANCE request of Stewart Perry, 2975 Casco Point 2)75 Casco Point Roar-1 Road, for a side lot line variance, be referred to the Planning Commission. ilotion, Ayes (5) - Nays (0) . Butler moved, Ilassengale seconded, that the VARIANCE r.�quest of Doug Iteinsch, 4035 Watertown Road, 4035 Watertown Road for a side yard setback variance, be referred to the Planninq Commission. Motion, Aves (5) - Nays (0) . /9 CITY OF OPONO, MI%FSOTA REW.AR PL*LN ING C17.11I SS I Oy METING ING HF.I.D JANUARY S , 1976 The Orono Planning Coiranission net on the above date with the A7'IF MANCE - 7: 32 P.M. following ,r,c.:.nbers present: Chairman John P. }lake. tlertiers OR(ANO C1'I'Y HALL Ilannah, Woolley, Dunlap, McDonald and Pesek. (Dunlap arriving late) Assistant Zoning Administrator, Rosalie DeGrauwe. Absent: Members Guthrie and Van Nest. flanr.,�h moved, Mlcilcmald seconded, that the Minutes of the Plan- APPROVAL OF MIMR►'II;S ning ,7orrunission Meet ing held Dccerber 2, 197S, be approved WETING OF 12/2/75 as amC—ilded. Motion, Ayes (S) - Nays (0) . Hannah moved, 1%Toolley seconded, that Paul Pesek be appointed APPODMIEgT - CHAIMAN as Planning Commission Chairran for a six month period ending PLANNING CQ4-11SSION June 30, 1976. Motion, Ayes (6) - Nays (0). McDonald move?, Hake seconded, that Diane Dunlap be appointed APPOINiAENT Vice-Chaiinnan of the Planning Commission for a six month VICE-01ALMIAN period ending ,pine 30, 1976. 1.k)tion, Ayes (6) - Nays (0). PIANING 011.1ISSI(M Dennis Ulmer, representing the Ulmer Construction Company in IMMER CONSTRUC`I•ION CO. their application for a subdivision, rest' led his previous 70 & 190 *ILL*! DRIVE proposal to divide the 70 and .90 Willow tract into tiree parcels. Tnstead, he proposed that the tract be divided into two 3.165 acre lots. Hale moved, 1•,:ool ley se onded, that the PI ann ing Cormi s s i on recommend to the Council approval of the division of the Ulmer Construction Company property into two equal parts and that the Park Dedication Fee be based on the forthcoming fee amendments. Motion, Ayes (6) - Prays (0). Thomas P. Nelson appeared and made his re,Iuest for a variance 7NOMAS P. NELSON of 1 1/2 ft. from the required 10 ft. side yard setback require- 324S CAR-SAN ROAD ment�• in order to construct a 16' x 4'1' addition to his house. VARIANCE - SILE YARD After review of the survey submitted by the applicant, McDonald moved, flake seconded, that the Planning C(rmission recomnend to the Council approval of the variance as submitted by '11crmas Nelson for an addition to his horse at 324S Carman Road because it was simply a reascmable prorl);a i . Motion, Ayes (6) - Nays (0) . fla.nnah moved, Pesek seconded, that due to lack of representation JOIN ALLE.NI3M the John Allenhurg application for variance and rip rap be tabled. 965 PAF711-,?W--M ROAD Motion, Ayes (6) - Nays (0 j . VAR IAv(:E $ RIP RAP The Corwnic.sion reviewed a letter from .Jay Rf-cker of 3145 North FR"D i.IT.WS, JR. 11iore Drive regarding the variance requests of Fred Rogers, Jr. 1410 ?MNS 1"I11 ROM -)r his lot at 1410 Bohns Point Road. W. Rec1.,;r asked that he VAR IA*M `.,e informed of any variance at the property and that the Plan- ing Comm ssion not overlook the hazardoius condition at the site cause of the remains of an old cottage foundation having open -,ts into .fiich a person ccvild fall and be injured. Me Com- %ioi rioted that. the Ziming Ade+'nistrator had written to ; AJTFS OF A PMMN NG (XI1-11:.il N h FI TTNG )[F..LD .JA'it1ARY S, 1976 - PA(;E 2 Peter Fox of Frederick Herfurth F—calty, Mr. Roger's agent, ,about he situation and advised t]►em that the variance proposal i..>)i Id 'rbe deferred until sir-h time that the conditions were corrected. The Commission directed that a copy of the Becker letter be sub- mitted to the City Council. fake moved, Pesek seconded, that Mr. Fox be informed that because of the applicant's lack of representation and bec u-ise the hazartims conditions at the pro- perty site had not been corrected the petition be tabled. Abtion, Ayes (6) - Nays (0). Hake moved, Pc•ck seconded, that the variance application of Vincent Johnson be tabled due to lack of representation at the meeting. Motion, Ayes (6) - Nays (0). Jert}'s C.mSt nx-tiun Corr, iny, repres_•nt ing (',ld Z,vick, I,rc- sented a fill and (* -inage plan for the piclerty at 105S Fern- dale Rcad West. The plan included swales in the front yard _rea to divert drainage away from the lake. A retaining wall in the back lot area was i.ncluvied, for the purix-)se of diverting drainage across the road, into a ra.ural ponding area on the other side of the street, instead of it flowing into the ad- jacent low area of a neighboring property. The men stated that 3S truck loads of fill would be needed on the whole site of which S truck loads would be needed within the 75 ft. lake- tiore setback in order- to make a 2S ft. taper from the house. -hey also noted that there used to be five cabins at the site and when they were taken dawn the natural drainage was des- troyed. The Commission felt that the retaining wall could be the means of blocking a natural ponding area. McDonald moved, Woolley seceded, that the Planning Cxxwission recom- mend to the Council approval of the fill and drainage plan of Odd R.ovick with the following stipulations: (1) That the plan allow only the normal fill and grading required for the house plan previously presented to the City. (2) Only natural fill materials be allowed in the house construction. (3) That the City Engineer approve the plan '4) That the retaining wall be taken out of the plan and . area left in it's natural state. if the Engineer deemed t.nis necessary. MDtion, Ayes (6) - Nays (0) . FRI-D RrXI-I 2S JR. , cont V I NC -W JUL.'", 1376 PARK DRIVE Or)D RO VICK LOSS FT-.RNLE ROAD ',PEST FILL 6 DRAINAGE PI.AI Dunlap moved, Pesek seconded, that the variance application of DOUG IfEINSCH Doug hleinsch be tabled due to lack of representation and asked 402S IIATEPT(AIN ROAD that the applicant appear at a rorthcoming meeting to dis.i,ss VARIANCE the reason for the variance and the consideration of iessihle alternatives that would comply with City codes. "btion, Ayes (6) - Nays (0) . The Planning Co:onission directed that a I'+,hlie Ilearing be held IMIUR P. HOU."n1ER i FebnLary 2, 1976, at 7:30 P.4. in the Orono City Hall on the 34S SPRING HILL RW .ppl icat ion of HiMur P. 'lol larkier for subdivision of her pro- Sl.R3DIVISION perty at 345 Spring Hill Road. MUMS OF A PLAMING C0,14ISSION 1, . TING HELD JANUARY 19, 1976 - PXT 4. at would pre,.;nt division of the land. It was also reerphasized PHILLIP DYKSI'RA, cont. ,at the Council's policies would be weighted by others having 3080 NORTH S11ORE DRIVE two or more sewer units and would, of course, ask for the same SUbi)IVISION considerations. Van Nest n4ved, Guthrie seconded, that the sub- division application of Phillip Dykstra be tabled for a two week period because the Public Hearing has shown that thc, subdivision is not desirable to either the applicant or his neighbors and the time will enable the Commission to request that the Council and City Attorney review the matter to see if an adequate solution could be found to the problem. Motion, Ayes (8) - Nays (0). John Allenburg presented his proposed grading Man and driven ay JaN AW-NBURG location as requested by the Council. After review of tEe sur- 86S P.AR"n-W- NOOD RO-AD vey, Mr. Allenburg slated that it did not shay his plann,?d intent GRADING P!.AN & DkfV0i--AY which was to keep his horse at 935 level and end up with a 932 grade. The plan also shoed a two foot increase in the shore- line which Mr. Allenburg felt would help in retaining water. Hake moved, Woolley seconded, that the John Allenburg application be tabled until he returns with a corrected plan. ?Motion, Ayes (8) - Days (0) . At the applicant's request, the Zoning Ahninistrator presented JAMES K. McCLF.ARY the James K. McCleary Conditional Use request for 2259 Shadywood 2259 SHADYIVOOD ROAD ''gad. The petition was to repair and renovate the old Dahlgren CONDITIONAL USE PERMIT !aner's Building into a cormnnity hobby and craft training center which is permitted as a Conditional Use in a LR-IC zone. In addition he asked approval for over-the-counter sales of the materials used and the finished products. Previously the Plan- ning Commission had asked the Zoning Administrator to talk to 1-tr. McCleary and see if he would consider dropping the over-the- counter sales as a part of his application. The Zoning Adminis- trator stated that Mr. McCleary would accept no .hange in his original application. Hake moved, Hannah seconded, that the Planning Commission recommend to the Council denial of the James K. McCleary Conditional Use application because the proposed use is a commercial use in a residential zone and not a permitted use for this area. Motion, Ayes (7) - Nays (0) - Abstain (1). McDonald. The Zoning AdmiW .►rator reported concerning the status of the _ FRED ROGERS JR. Fred Rogers, Jr. � ; perty located at 1410 Bohns Point Road. 1410 BANS POINT fVAD At present the 'I. Lardous conditions have not been rectified nor the violation t..;ged. The Zoning Administrator reported that he received a call -rc3n Peter Fox, the realtor, on Friday requesting a letter pointing out the problems requiring correction before proceeding with the variance proposal. Mr. 4,hich informed the Planning Corgniion that two similar notices were already sent fr. Fox or. Ik ce:nt,er 18, 1975 Xui Jarr,ary 13, 1976. Vincent Johnson presented his request for a lot area and rear VIUIM JCiN" setback variance for his lot at 1376 Park Drive. 1iie'.e;ing 1376 PARK DRIVE A(I-linistrator stated that the lot area was 1/4 of the n_�,Vjire- VAkIA1VC'F - LfIT .AREA went and had not received a st.wer assessment, except for lateral, 6 REAR Sh*rI1ALK at the property. Mr. Johnson explained that he had acquired I•Lt'.UTES OF A PUICNING CU11ISSI0y PFETING HELD Mr—;-3`,BER 6, 1976 - PAGE 6 "I'he Planning Co -mission took action on the follci,ing work session item. The Zoning Administrator stated that Rev. Rerggren is request- ing approval to add an attached garage to the existing house. A variance of A acre is necessary as this is in a 2 acre zoning district. Recauase of inadequate data and documents at the time of subdivision about 6 years ago, lot lines were never detennined and the present stricture Noes not meet side yard setback requirements. How-,-ver, the proposed addition would I:ieet all required setbacks. After a brief discussion, McDonald moved, Pesek seconded, to recommend approval as proposed addition a.ould not encroach on required setback and there is no adjoining land available to m--et the area requirement in this district. Motion - Ayes (6), Nays (0). The Planning Commission went ,to work sions on the following: Donna Martelle Stangler, Jc, "-aldwin, Charles Westman, Richard Ledstrom and Jack Rhode. Al Olson liaison between=the Metro Council and Orono, reportW to the Commission on the mandatory Land Planning Act. He stated that Orono must reply to the W-tro Council concerning the systems statement they have prepared for the City. Metro Council has requested that the reply be sub- mitted by December 24, 1976. We will discuss changes in the statement to better reflect our existing plans and then Metr 7b ncil will draft the Final Systems S atement for Orono to be in our hands by July 1, 1977. W. Olson requested each member to review the material and to submit any comments they would have concerning this as soon as possible. RI-.U. PAUL BERGGRFN S85 OLD CRYSTAL RAY RQAD S. VAR TANK1 (M 208) WTUATORY LAND PLANNING ACI The Planning Commission reviewed the letters of application PLANNING CCWISSION received concerning an appointment to the Commission. After APP+OIN'a16YTS a short discussion, Chairwoman Dtmlap requested each member to study these applications and be ready by tLe December 20, 1976, meeting to make a recomir^ndation to Council. The Planning Commission coammended John Hake and Brad Van Nast for their fine contributions to the Planning Canmission. Arad Van Nest has been appointed htayor of Orwio rand John Hake ,hs!s submitted his resignation. Pesek moved, Hannah seccmded, that the meeting he .adjourned AII)OURNIMI (I - 12:10 a.m. at 12:10 a.m. 1 I HUMS OF A P1-,V-,N I NG 01•1 I SS I DN'' 1•fliFF ING I i LD JX`;,1.-kRY 3, 1.977 - PAGE 4 Pesek moved, Woolley seconded, to approve on the basis that ILkRRISON JOI NSTM the Watershed District does not shown any disapproval, cluck (Continued) pond is confined within the French Lake marsh and this is (0202) not a new pond as duck Pc,nd existed previously. Motion - Ayes (4), Days (1) McDonald. Hannah moved, Pesek seconded, to table until we have further RIC1{ARD IJ:1)57'RCM word from the applicant. motion - I7es (5), Nays (0) . 3465 SIXTH AVIMiE N. *VIANDS VARIANCE CCNDI'1'IDNIAL USE PERMIT (#209) The Zoning Administrator advised that applicant had not sub- JACK MODE mitted new proposal. however, he informed the Commission that 1410 BOUNS PO WT ROAD the Lauer's had been in his office. The Zoning Administrator VARIANCE - LOT AREA 6 told the Lauer's that Mr. Rhode's attorney had stated at the WID1H AND SECOND DOCK December 20, 1976, meeting that the Lauer's had no objection CONDITIONAL USE PER41 to the proposed location of the house. The Lauer's did not (N210) concur with this. They were agreeable to a proposed lakeshore setback equal to the Becker residence. They were opposed to remodeling the old carriage house. ioolley moved, Pesek seconded, to table until revised roposal is submitted. Motion - Ayes (S), Nays (0). Planning Commission reviewed report submitted by the Zoning HI--MEPIN COUNTY VO-TEW Administrator covering the effects the proposed Vo-Tech 2950 SD(TH AVENUE N. School would have on Orono residents. W. Muhich stated (0126) that other staff members were also requested to report on the proposed location of this Vo-Tech School. These reports will be the basis for a.r resolution of denial. Planning Commisrion felt that the resolution dated December 13 should be redated to reflect that the reports were submitted prior to resolution. Zoning 4dministrator advised Commission that this proposal W. DRAKE'S GIFT PROPOSAL had been turned over to the Park Ccrronission for their 2 U7TS ACROSS FRM review aM recorrrnendation. We have not received any 2835 CASCO POINT ROAD fu.2her word from them. Planning Commission further discussed this Project. UPPER 1tiATERSIU=D SIXRAC;E Committee to meet again. PROWELT :tanning Crnrnission continued review. Mairfn:rn Hannah N.-%NNING W-MISSION fr 00ain reminded all mei+ers to submit in writing whether C"XMIL PROCESSING not they plan to continue to serve on the Planning PROCEDURES ec^vnission. MINUTES OF A Pi_4', � ING M 14I SS I (1V !,L f? PvG HELD JA%11ARY 17, 1977 - PACE 3 The Zoning Administrator infon-P-d the Commission fiat applicaant will be returning with ncyw plans. 'Me sketch of the revised plans included some changes in the marsh land perimeter which carld result in soma problems. dredging has been eliminated in this revised proposal. Mr. M,,Ihich also stated that the contractor has called requesting that a building pernit be issued for Lot 6 of the revised proposed plat. Mr. I•tihich explained to him that this is not permitted- prior to the filing of the plat. Mr. Steve Wilensky of Brauer & Associates was present. lie assured the Coruni ss ion tliat he would submit revised Mat shortly so platting procedures could continue. DicDonald moved, I)unlap seconded, to table this matter until the revised plans are submitted. Motion - Ayes (S), Nays (0) , The Planning Commission discussed report prepared by Mr. Muhich and agreed with contents. Reports from other departments will also be submitted. The Cumiission instructed Zoning Administrator to notify applicant to be present at next meeting when the Planning Corianission would take action on this matter. Dunlap moved, Pesek seconded, to table this until the next meeting. Motion - Ayes (5), Nays (0). Dunlap moved, Pesek seconded, to table applicant submits revised proposal. M, Nays (0) . VICI'URIA GRAEN Ci1,.TANY S00 NORM ARM DRIVE SUBDIVISION (PRF1,P4FNARYj (#200) JAMES MCCLEARY 3445 BAYSIDE ROAD NC14-O0'v`FORMI NG USE (N 201) matt 2 r until `--JACK *WE - Ayes (5), 1410 BOHNS POINT RQAD VAR IAWM - Wr AREA & W I DT}I - CONDITI901 USE PERMIT (9210) Planning Commission was very concerned over discrepancy im content of application. Current application requests approval of dredging of a 50' channel supposedly approved in 1973, yet old application and DNR approval stipulates a 2S' channel. Mr. Birkeland was present and stated that he did not know where the 2S' width came from. His plans are to finish the other half which was not completed several years ago, but not to make channel any wider than presently exists. This would involve dredging 2S' down the middle and slope the sides. At the present time, he cannot navigate his pontoon out through the mouth of this channel because of the algae and weeds that have built up on the bottom. Dunlap awed to recommend approval to open up clo`ed part of channel but not to extend over 25' bottom width already dredged subject to engineer's approval. ROBERT BIRKELAND 1298 WILDHURST TRAIL. WETLANDS VARIANCE DREDGING PEfMT (1217) MI141JIES OF A PLkNNING WfUSSIQN 1•�--.ETING IIFLD F:-i3RUARY 22, 1977 - PA(;E 3 Pesek roved, McDonald seconded, That the minutes of the Planning Cccimission ldeeting of Febniary 7, 1977, be approved as corrected: 1) Page 4 - Taxes and Expenditures be changed to "taxes and specials (water, se-»er) . (2) Page 5 - .. and that the P1aJuiing Co:anission could see their side of the argii:-ent.. be changed to "that the Planning Co:;miission understood their intent is to have the area zoned as liberally as possible to be able to sell to the broadest range of types of buyers. (3) Page 13 - That the motion (Ayes - 4, Nays - 0) be adlc to the Allan Pennington item. Motion - Ayes (5), Nays (0). Pesek moved, rVTkonald seconded, to table thi-s nLatter iuitil we receive further information. � A ion - Ayes (5), Nays (0). The Zoning Administrator infon7ed the Cor nlssion that the Council had instructed applicant to submit another revised plan indicating all proposed changes and requests. We have received no further information. McDonald moved, Hassel seconded, to table this matter until we receive the revised plan. Motion - Ayes (S), Nays (0). McDonald moved, Hassel seconded, to table this matter until we receive further word from Mr. Rhode. Motion - Ayes (5), Nays (0) . Mayor Van Nest informed the Planning Cormaission that Mr. Perry was not present at the Council meeting of February 14, 1977. Matter was tabled until applicant could be present to answer questions. Council was not in favor of approving leaving in the lower seawall. Pesek moved, Outhrie seconded, to table this matter. Motion Ayes (S), Nays (0). The Zoning Administrator informed the Commission that if he received a revised plan before the Council 1Ieeting of Febniary 28, 1977, he would present it to the Council at that time. Mr. Brent Primus and his representative, John Bonner, appeared informally before the Conunission. Mr. Bruuaer wanted to Veep the Planning Cainission inrorred as to the status of obtaining the necessary data f. i lt 'a �lterested anning Cor,rnission and Caincil review. Ile was also in any suggestions the Planning Commission and Council might have for their consideration. APPROVAL OF miNn'FiS 1•fr'.ET I NG F, BRIJARY 7, 197 1.1RS. k01;1:Rf Gauli 1030 T, ►`:I A1tA ROAD VAR IANCI - F 7 NCE SE1140 (0 199) VIC-MRIA GRAIN GYIPANY SO NOR'M ARM DRIVE SUBDIVISION (11RELIMIW1 1 (0 200) JACK RNODE 1410 BOHNS POINT ROAD VARIANCE - LOT AREA $ WI CCNDITIUM USE PER4IT L-I f 210) STEWART PERRY 297S CASCO POINT ROAD REVISED PROPOSAL (/131) SKI 1CNKA (7),'1DITIOVAL USE FEWIT SEGIND PHASE v,1' U 1Y.S OF A 11,-.':'S I NG CXX I I I SS 10y rL. F Y I N3 1 t,A D 1•,kkdi 7, 1917 - PX;E 6 7. Approval of septic systcnm for each individual parcel VIC.FORIA G1;4IN M�.dPANY before building permit is issued. (Con tin11 d) 8. The dock on A tl of B would service only the projected (¢ 200) seven parcels of the suti(livision. Motion: .oyes - 3 (Hannah, Dinlap, Ha,,sel), Nays - 1 (Pesek) Abstain - 1 (1S-I1�nald) . The Zoning Mministrator stated that he had conta►.ted Mr. �JYX RTIODE Rhode mgarding the status of his application. Ile was 1410 BOItNS POINT RQ4D advised that Mr. Rhode suffered a heart attack at the VARIANCE - M AREA f, beginning of the year. Ilu.:ever, Mir. PJiole still plans W115111 - CONDIT10.N14L USE on suLmitting a revised proposal as soon as he is able. PF,RMIT (0210) Iiannah moved, Ilassel seconded, to table this application until the necessary data is received. MDtion - Ayes (S), 'Ways (0) . The Zoning Aeministrator explained that no additional SKI TONKA material or application has been s-Abmitted. Hannah CONDITICINAL USE PHIMIT moved, Pesek seconded, to table this matter until we (SECOND PHASE) receive this data. )`lotion - Ayes (S), Prays (0). REVISHD PROPOSAL Mrs. Gasch was present. Once again, she reminded the MRS. ROBERT GASCH Planning Commission of the error that was made at the 1030 TONKAWA ROAD time Mrs. Parten's house was const meted concerning the VARIANCE - FENCE SETBA[] placement of the house on the lot and the setback from (0199) the lake in relation to the adjoining property owners. Mrs. Gasch related that time has helped the situation. Mn. Parten is nW living in her home and is more aware of Mrs. Gasch's request for privacy.: She also stated that Mrs. Parten is now agreeable to the pro -- posed fence and would be willing to submit a written-. statement to that effect.. Mrs. Gasch also -informed the Cammission that -she would be planting evergreens al mg the fence. - _-J lfien the -day cam that - she could remove the fence she would do so. - After a brief discussion, Hassel moved, Pesek seconded, to recommend approval of the proposed fence based on the current status to try and alleviate some of the problems involved. Approval is subject to a written statement of approval from Mrs. Parten and the plant- ing of evergreens to include the removal of this fence at some future date. Motim - Ayes (S), Nays (0). P•kruber MCDOnald left at 9: SS p.m. The Zoning Administrator presented the proposed site 1 kiMV 'RT F 1141.E CR)NF %I and elevation plan. The applicant is requesting t ►1 V; :I ( t',•ff.tiT) -ipprvval of an addition to the existing Marketing 2477 SWDYWIOD ROAD �- Aesearch Center an County Rand 019. Proposal consists SITE A.ND ELEVATION PLAY of two floors. The first floor will be ocaipied by A1'PRUVAL (B-4) the applicant and the st-c nd floor will he n,nted out i CITY OF Oib740, MIN::r_SOTA R%(if1.AR M'Tq'ssION N.EEFING HELD 11',ROi 21, 1977 Ie Orono Planning Coi-Qnission r,et on the above (late with the fofollowing IT �rnhers .)resent: Oiairran rrcl;g IiaiLnih, NerLners Gloria N•kDonald, John Guthrie and Paul P(-sek. ?V!mbers Diane ainlap and Dick Hassel arrived at 7:3S p.m. Also present was the Zoaing A(',,riinistrator Hank 1t,hich. aithrie 1TX)ved, Pesek seconded, that the minutes of the Planning Cornission r►eeting of }'arch 7, 1977, to approved as corrected: "Page 7 - SttA)bs flay farina (#234) that the mc;tion be changed from S Ayes, 0 ?gays to Ayes (4), Nays (0). Mot i on - Ayes (4) , Nuys (0) . The Zoning Administrator advised that Mr. Rhode had been in his office that day. He will submit a revised proposal in approximately one month. Pesek moved, NkDonald seconded, that this matter be tabled until the necessary data is submitted. 1-16tion - Ayes (4), Nays (0) . (L' Mr. Which stated that no application has been submitted. However, he will continue to keep this item on the agenda. The Planning Coemission reviewed the revised proposal. The members were concerned about the extent of Ha (Hamel) soil on Lots 6, 7 and 8. They suggested a combination of Lots 6 and 7 as one parcel to provide adequate area for a septic system. Mr. Levering stated that he would be willing to combine these two lcts with the understanding that he could split this lot at a future date. The Planning Commission was also concerned whether or not Lot 8 could support an on -site septic system. After some discussion, the Commission determined the area of qualifying soils was adequate, but the location was questionable. The Commission felt that this lot should be approved as a separate parcel on the condition that no building permit be issued for the lot until plans for a septic system and replacement were approved by the City Engineer. After a brief discussion, ilmlap rx)vcd, lla-sPl .c•, uTi(1 •d, to reeorwcnd approval of the rc•vi :rd prel Iminary Flat ttbject to the following: Al"I7:tiIlA'J(� - 7:30 P.M. 'YPRWAL OF MI.WFFS 7, 1977 ✓JACK RHODE 1410 BOWS POINT ROAD VAR I ANCE - LOT .AREA & W I I CONDITIONAL USE PERMIT (It 210) SKI TCINKA - CONDITIONAL U PERMIT (SECOND PIi4SE) RhV I SED PROPOSAL WILLIAM D. LEVERING 275 WILlal DRIVE SUBDIVISION (PRELIMINARY) REVISED PROPOSAL (0223) / CITY OF 0;-<: NO, MI NN r WrA RFRII_4R P1_.;NM, 071441CSlON M.--F'ING lii=1.D APRIL 4, 1977 ^e Orano Planning Conini ss i on re t on the above date with the 7: 30 P.M. o] low ing rcrtbers present: 0ia i i r,.t,n GreE,g 1?anrcah, 14-' I- c rs Gloria 1•--n-)nald, Diane Rmlap w)d Pahl Pesek. 'Somber Ha,�,-el arrived at 7:35 p.m. Also present was Zoning A(lninistrator Hank Rihieh and Mayor Van 'lest. Nnlap coved, Pesek second,-d, that the mimctos of the Planning Commission ,-.:•eting of March 21, 1977, 1-c appjovcd. Motion - Ayes (4), Nays (0). The Zoning Administrator infonmd the roncnission that Mr. R*code has been into his office to discuss his now prvie�.al. New iaterial will be sumbmitted soon. Hannah moved, Pesek seconded, to table this matter until the new proposal is submitted. 1btion - Ayes (S), hays (n`. The Planning Commission was advised that no application has been submitted to date. tie Zoning Administrator reminded the Cuirnission that he .d sent a letter to North Shore Drive Marina concerning the possible use of boat storage racks on their property. He advised that any increase in slips, including the combined total of both land and water slips, was not permitted in marinas. A boat storage rack constitutes a structure and would require a building permit. Before a building permit could be issued, however, he would need the approval of Council and the Planning Commission Hannah moved, Pesek seconded, to table this matter until further input is received. Motion - Ayes (S), Nays (0). The Zoning Administrator advised that no new material had been submitted concerning the proposed dock location and dredging. The engineer was requested to come to the City office to discuss this project. Mr. Mihich stated that in talking with the watershed District they suggested that the deck be constructed one floats which would eliminate the need for pilings. Mr. Mihich also infoncr�d the Commission that the MR considers the area of the dock location to be part of the lake ,J not uarsh. Diinlap moved, Pesek seconded, to table thi; natter tint it the necessary material is submitted. Mot ,Ayes (S) , ( ys (0) . APPR(NAL OF M I'J ri'FS K:hf ING likltli 21, 1977 JACK MODE 1410 Br -INS POINT ROAD VAR I Aslc'E - wr AREA 4 wI D WNDITIONAL USE Ff.RMIT (1210) SKI T(TIKA - CO NDITIOWAL USE PERMIT (SEC -CND I4iASE) REVISEI) PROPOSAL NORM SHORE DRIVE MkR IIdA 3222 NORM S11DRE DRI VF. 1977 LICENSE APPLICATION REVIEW (i 23S) VICTORIA GRAIN COMPANY 500 NORTH ARM DRIVE DOCK LOCATION $ DREDGING (1200) .,WJilS OF A Pi �.�tiING (1XI IISS10\ 1`_EHNGS HELD ':4Y 2, 1977 - I'Ac;E 2 (1) Propcsal :,,,-ets all zoning rr-,Iuirc;-,: nts. (2) Utility and access eascccnts to brr indicated (vi filial Flat. 3) Additional unit assessrient ( •cr :;nd water) ,4) Park R-dicat ion Fee of $2,000. Motion - Ayes (6) , Nays (0) . 'The Zoning Administrator ir►funncd tJ,e Cuicnission that the applicant had not submtitted any new iraterial regarding the planting plan recluvsted by the Corrniscion at the last ric-eting. (lkaiiran 11arinah an icii nced that this ratter would he held in abeyance until later in the meeting for more discussion. Applicant was not present. Planning Co, crime ion deferred this matter until later in the meeting ul,en he applicant would be present. Mr. Doerfler was present. tie is requesting a lot area variance for the combination of Lots 8, 9, and 10 as one building site. The Zoning Administrator informed the Commission that the County is concerned about the access for Mrs. Lucille Olson who lives on North Shore Drive. CR, The County suggested changing the access for this horse ) go to Tonka View. tier only other access onto North Shore Drive would be hazardous because of the blind curve on 119. Mrs. Olson has been using an illegal access through Lot 6. W'aconia Homes owns Lots 1-5 and are also interested in Lots 6 and 7. The Planning Commission indicated their objection to the request as the proposal would result in another extremely substandard site on Lots 6 and 7. The Planning Commission suggested that the applicant attempt to purchase lots 6 and 7 to combine with lo's 6, 9, and 10 as only one building site. Lots 6 and 7 would be tax forfeited sometime in Jime. It would be necessary to provide an access easement to the Lucille Olson property on County Road 119. The Planning Corsnission indicated their preference of utilizing the entire block (Lots 1-10) as two building sites only regardless of what lot rearrangerxnt was negotiated. After some discussion, lla sel moved, 1losfield seconded, to table this natter allowing the availability to check the staters of the property. ?i,tion - .Ayes (6), 'ays (0). (c oil i r;i;(•d) (� _246) (',AY LE' S MARINA 3366 NOR"Ili SHORE DRIVE RUILDI�,G PLAN APPROVAL (�248) .JACK Ri iODE 1410 BO iN:S VARIANCE - (0210) WWI` NT ROAD LOT AREA & WII VI RGIL DOFUI.I:R 4799 TO\KA VIEW VARIANCE - LOT AREA (N249) Owk Applicant %:as not Present. llann3h moved, Cuthrit �conded, to I.-Ne this proposal until applicant could be present. M tot i un - Ayes (7) , Nays (0) . After reviewing the proposed revisions, the Planning Commission basically agreed with the concept. Hczwever, they voiced their objection to a review board. It is their feeling that any decisions made by the Zoning MUUn- istrator should then go to Coimcil, or if appealed, to the Plaming Commission. The Co„onission also felt that it would not be necessary to be notified of any variances acted upon by the Zoning A(tninistrator. M--omah moved, Dunlap seconded, to reco�rc,.end that the Toning Administrator be able to act upon items in A & B but that the it(ns �coiild then go to Council for final action; the review board be excluded; notation on the application that if denied by the Zoning Administrator the applicant be advised of theiv right to appear before the Planning Cou ni s s ion Motion - Ayes (7), M:ays (0). The Planning Cormission revici,ed the applications 1)efore them. Given the fact that several of these letters .were dated a coirple of years ago, they felt so:,oe ncnw r,aterial was needed. Mey suti;gested that so;r.e form of notice l)e sent to the pi6lic informing diem of this ol*:ning. Several members indicated that they were not familiar enough with the present applicants to rake arty official recoimendations. However, the geiieral feeling of the Ccmnission is that there is sufficient real estate representation at this time. They also suggested more representation from diversified areas of the City. ,,knber Amlap highly recormnded Jo Ellen lbrr for her many years of service on the Park Connission and also Peggy t':atson for her dedication to projects that she becomes involved with. MIemi)er kl(-Tk)rnald also re o:;`nended Jo El:en Hurr. The Co -mission also noted that past applications have not been acl_nowledged. Githrie moved, Tkmlap Seconded, to ,(•cur tend ti;atall applicants he notified by letter as to the status of their application. t1+4rtion - Ayes (7), gays (0). t, JACK PHODE 1410 BONS POINT ROAD NWRIANCE - IM APFA 6 li (r 210) 7.()'� I NG VARIANCE PRO C EDU NBV APPOI]VaOff M PLVNING COMVISSIM mvur-S OF A I'LNh 4ING 01111':!"$IIV IIL1.iINS ILELD X1,1l5T 1, 1977 - IAGE 3 fir. Olson advised that Co1u►cil liad referred this item hack to the Ccrarission for 1i•c,,nsideration. 1ti7.c•n a})plicajit was advised of this action, he infor,-..,d the ty office that because of prior commitr._�nts he w;»1ld not be able to attend this meeting. Ilassel r.oved, DMIap seconded, to 1a},1c this application until the next meeting. A'htion - Ayos (7), Nays (0). The Asst. Zoning .Acbninistrator advi!-.ed that preliminary and final subdivision approval had hc.-n granted approx- imately one ycar ago to this property. li�nticver, the park dedication fee was never paid. i revious a1,p,roval was subject to a park dedication fee of $2,000 „r1d no lake access easement he given for Lot B. Mr. Rca rdon was present. Co; rni ss ion Ivv i c-�.ed final proposal with applicant. Planning Corunission a(h iscd applicant that it would be necessary to record access easements for Lot A through Lot B and that Lot B would have no riparian rights. Nassel moved, Guthrie seconded, to reco;cv,nd final subdivision approval as submitted subject to access easements being recorded for Lot A through Lot B, no riparian ac..ess for Lot B and a park dedication fee of $2,000. Wtion - Ayes (7), hays (0). t The Asst. Zoning Administrator stated that Mr. R1r)de has submitted a new sex of plans. He has relocated the hour so that the lake edge of the house is in line with the Recker house next door. The current proposal has been moved back 35 ft. from the original location. Jack mode, his architect Bob Peterson, and builder Jerry Guetzkow were present. Mr. Rhode explained that he was withdrawing his request to 1Lse the existing structure as a guest house. lie is now proposing to use this building for sto.age. In terms of the topo- graphy of the land, he preferred the original proposal and felt that moving the house farther hack was a merit of compromise. Mr. Peterson advised that there would be more costs involved with the c111r('11t proposal because the farther hack you go on the lot the more fill it will take. There woild also he a problem with the grade. (7-iairman Mrpot,..ld felt that after visiting the site w ain this pro;io�,al had less of an impact to the Recker perty because the side of 1-tr. Fecl.er's home affected Lthe prolx)5al has no windows. This proposal also appears to be more in ' ine with the Pec},er home. ROBERT F. i•,NITE 320 1,r)- U LL i'')AD VARINNCE - PFAR YAU SFFF (0?75) LAURENCE REAR" (PHILLIP UYKSfRA) 3080 NOR 11i SH)RE DRIVE SZ1RDlVISI(N (FINAL) (# 73) vSAa RHODE 1410 BOHNS POINT ROAD VAR I ANCE - IAT AREA f WI DT WNDITl(NAL USE PEMT (# 210) �,!�;L1ii:5 OF A Pt_►�;�ItiG O.Tf'ISSI(Y� IL f;fING UFM AUGNST 1, 1977 - PA(Z 4 ;.IT. & Mrs. Beeler were also pres(nt. They expressed their corweins and obje•cticlris regarding the proposal. Sore of owhese ware: (1) 1-1ien was t.}ue land leF,ally platted? It i,;+s their urlderstaiuling tliat if the lariri was let•ally platted before the 1965 7orninE, Orono policy v;nuld tend to grant vari�lnt es. (2) Did prior cn�ner mn the lot as an adjacent property? (3) Lot in question was less than the 1 acre area and 140 ft. width requi rcrN•nts. (4) His nearest neighbor is prc;t-ntly 140 ft. away. 1•,iien he purchased his house lie was a-lvi!�ed by his attorney that the lot in question was unbuildahle. lie is opposed to the 26 ft. setback on Mr. Wio3e's house. (S) Becher's prefer the quiet and felt that the noise level watld be increased. (6) A variance had been granted in 0Vtol,er of 1974 to this property subject to no other variances being granted and the carriage house being razed. Mr. Becker felt this should be enforced. (7) It is his understanding that a drivoway should he 10 ft. from a lot line. l4r. F.ecker felt that the proposed drivci:ay for the Rlio-7e property was too close to the lot line. (8) No more than 1 principal building located on the lot. requested that the Planning C%mni_-ion should take these .,ems into acco►mt when making their 6L, ion. After all the comments were heard from the , rned parties involved, the Planning Commission dis,-, A the proposal before them. In addressing the points brought up by Mr. Becker, thL Planning Commission advised that the lot in question was a substandard lot rather than an umbuildable lot. The variance granted in 1974 and the conditions set forth at that time were now void. lia;Pvrer, the same conditions could again be applied to this application. Due to the fact that Mr. Rhode has withdrawn his request to use the existing structure as a guest house, there would be only one principal hMrilding on this lot. Concerning the driveway being too close to the lot line, Orono code does not specify any setback rep ui remv>nt. Commission also discussed the 7S foot lal.(•,hore and average setback in relation to this property and the adjacent and nearby properties. (-,i ven all the facts, they felt that 1-tr. Rhode was cooperative in trying to resolve this +t t er. C JACK k'' *)DE (rant inu(•d) (0210) ;'I ;Jftg OF A rLkNN1NG CQ:1] SI01 K:ETING HELD AU. -UST 1, 1977 - PAGE S Co,-,-,is--ion also detennined that if the y)roi-)osed driv(-gay were to be gravel, current propo, al would he un'r_r the #5l ha rdi over n-qui rerment. 'ilrere 1:ere -ore negative feelings on the Corinission with rec;aH to the carriage house. Members and Ihrrr felt that there was too rm,ch building hulk for the size of the lot and therefore the carriage hoi:,e shcxrld be removed. Guthrie moved, Nusfield seconded, to reco►nw, nd approval of the application sltbject to having a gravel dri%'�'I,ay in recognition of t},c total hardcover on the planned horse and existing buil(aing. Motion: 4 ayes CL!ssel, McDonald, Hcsficld, Guthrie) 2 nays (Dunlap, Burr) 1 /Abstain 0,; irinah) Asst. Zoning Administrator explained that this application is for filling and grading within the lakeshore area. This area had hceen dredged one time before and has filled in over the years. Applicant is requesting I .mission to refill area so as to be level of adjacent properties and level off to make lawn area. Letter from enginc,:r recoyw:iended that the area should be riprapped acro..,s the -ont prior to any filling. Mr. }Metz was present. }le stated that he was proposing to use sand or area like fill for the project. P1:{nning Commission expressed concern abou uthorizing any filling in they lakeshore area, but felt t.hiN .Mould be the restoring of a natural situation. rat} �•r than creatic- -)f anything new. After some discussion, Hurr moved, Hassel seconded, to recommend approval continent on the fact that the shorelin; be riprapped prior to any filling and that the type of fill be approved by the city engineer. rintio. - Ayes (6), Trays (0), ,Abstain (1) 1.1c'ionald. Planning Commission was infonned that applicant had called advising that they wcxrld be tutable to attend this meting. Their request is for a conditional ttse pennit for the ),eeping of a horse. Applicant own. 5 1.13 a( res at corner of Watertown and Willow and has leased the adjoi.)ing property to the north which is 2.08 at-res. Mr. b Mrs. G',onsolus, property o»-ners acress Willow Drive, were prc_ :°nt and had some objections. Adjoining proptt-ty cx:ner has submitted a letter of i I obje'. t ion to the maintaining of a barn rm this property. (riannah moved, 1{osfield seconded, to table this application until the next rweting to allow the Martin's to },t present to indicate where the harn is located on this lat nd the lenbth of the prt-cnt lease. Mot ion - Ayes (7) , `:,ays (0) . JAa UODE (continued) (0 210) TUFODORE W f Z 4 300 ' H Sl URE DRIVE CONID" 0141, US-E PERMIT (i2GU) 41LLIAM �tWrIN 1380 ►tikThRlU►+h ROAD CONDITIMkI, 11SE Pf RMIT HORSE kiD r'iRN (» 28?) December 18, 1975 Mr. Peter Fox Frederick-Hurfurth Realty 740 East Lake Street Wayzata, Minnesota, 55391 Dear Mr. Fox: T-lephunr• 473'ai Village of Orono 11-1 ► ►fli. - li''N r" • 1'r.. w KIN-, Minnr•sntn :.'�.i2 � 0 %1unn ilia Offirew Oft th►' .\'urth Shury rr% l aki, .11inwtordea #7J The Planning Commission has instructed me to inform you, that after discussing Mr. Fred Rogers request for a variance during the work session of the last Planning Commission Meeting, that his proposal would be deferred until such time that the following conditions are corrected. 1. Debris removed from the property 2. Hazardous excavation be filled or protected. If you have any questions, please feel free to call. Sincerely, H. F. Muhich Zoning Administrator TO: W. R. Benson FRCM: H. F. Muhich L1ATE: December 19, 1975 RE: Fred V. Rogers, Jr. - 1410 Bohns Point Road Lot Area - Width and Setback Variances Mr. Peter Fox is representing Mr. Roger in his request for two variances on the property located at 1410 Bohns Point Road The lot area and width variances were approved over one year ago with several conditions. He is now requesting a similar variance but has added the request for a variance from the rear yard setback requirement. Several parties have shown an interest in purchasing the property if the existing barn -garage could be renovated into a dwelling. This would require the added variance of six foot from the required thirty foot rear yard setback requirement as the existing barn -garage is located only 24 ft. from the rear lot line. The old house shown on the survey has been partially razed, however, hazardous conditions do exist as much of the debris has ')een left on the site and the existing excavation is unprotected. Mr. Fox has been informed that this pro- posal would be deferred until these conditions are corrected. PU NING CfWISSION MEETING - January S, 1976 The Commission directed that a copy of the Jay Becker letter be submitted to the Village Council. The Commission made a motion that Mr. Fox, agent for Fred Rogers, Jr., be informed that because of the applicant's lack of representation and because the hazardous conditions at the property site had not been corrected the petition be tabled. ZO►V ING AIMIN I STRATOR - January 12, 1976 The app:icant has again been reminded to resolve the problem of debris and hazardous excavation. PUNNING OJN-I I SS I ON MITT I NG - January 19, 1976 The Planning Coranission toot. nr ;:action. The debris and excavation problem is not yet resolved. 54EE FIZ C- 2 /0 4(3(7'K A*--` a I it art.-�.J .tom Z4" tJASON C. BECKER 3146 NORTH SHORE DRIVE WAYZATA,MINNESOTA 65391 December 31, 19% Mr. H. F. Muhich Village of Orono P. 0. Box 56 Crystal. Bay, Minnesota 55321 Dear liank : I live at 31115 North Shore Drive irrnurdiately adjacent to 11410 Bohns Point Road (vacant lot) owned by Mr. Fred V. Rogers, .Jr. I would appreciate being informed of any variances on the vacant Lot since it affects my property which borders on the vacant lot. Also, I understand ghat the Planning Com- mission has deferred any variances on the lot until debris has been removed from the property, and the hazard created by the remaining foundation of the cottage that formerly existed on the lot be graded over so that there are no "scars" on the property, and also there are no danger spots into which an unknowing person could fall. Since the debris and excavation Erma approximately 1=3 feet from my house, it would obv.iouFly benefit me if' the Planning Com- mission's instructions fcr cleaning up the debris and filling in the excavation be adhered to. Because there is snow on the property and because the exca- vation is down near the lake quite a distance from the back of the lot and the driveway leading into the lot, the Vil- lage of Orono may overlook the fact that thc- situation has not been corrected yet. Thank you very much for your consiCio--JLion of my cornE�nts. Sincerf,ly, JC tf✓hh July 6, 1977 Mr. Gregg Hannah Chairman Planning Commission City of Orono P. 0. Box 66 Crystal Bay, Minnesota Dear Gregg: OASON C. HECKER 3146 NORTH SHORE DRIVE WAYZATA MINNESOTA 56391 55323 I recently attended a meeting of the Planning Commission at which Jack Rhode, thn owner of a lot adjacent to my property at 3145 North Shore Drive, presented plans to build a house on the property. At this meeting the Commission came very close to voting in favor of al- lowing him to build a house nearly adjacent to mine. Had this loca- on been approved, it would have been in violation of Zoning Ordinance 32.201 as well as the variance granted by the Planning Commission and City Council on October 15, 1974, and October 22, 1974, respectively. I have carefully read the pertinent sections of the Zoning Code of the City of Orono and know that it is the intention of the Code to protect property owners, such as myself. For example, the ;ode specifies that the effect on values and property in the surrounding area will be taken into consideration before variances are issued (32.240). The Code talks about the need "to protect adjacent property" (32.240)(e). ThE Code refers to the "disastrous affects of intense residential development within the City of Orono" and about the guiding principle of "avoiding the ill --effects of over -crowding" (30.030). The Code talks about "undue concentration of structures" (30.030). Further, the Code says that ex- isting lots of less than one acre with sewer may be utilized for single family dwelling purposes with(, Council approval if the area i, within 80 of the requirements of the Zoning Code (31.202). The Code says that a variance may not be granted as a "convenience" out only to alleviate "demonstrable hardship or difficulty" (31.340). My basic problem with respect to the home I purchased on September 4, 1?14, can be summarized as follow3: jTcM I Mr. Gregg Hanna t s rRvE APRRa%Ih4 ,x 7y ^' v't,ex, Page 2 s, &;cr r rc. A/t: ;'r+r_/7 b�R•+1� E 5 N.�tr� pq g /+r 7Hgr rirYr- s�AfA NC_te41 IOvRC=ssEO July 6, 1977. �tiE A1,CA?AC4 I;!,f 4( k i,5VIC c' 1h E/j y Mi.t 4 of f Rc iyO$',4 L 5 WE4)F A OPOR c Vi0 19,144k r",6Aj w.I"'(-,L:l PH/S 1. The Planning Commission and the City Council on October 15, 1974, and October 22, 1974, respectively, approved a vari- ance on the lot adjacent to mine (1410 Qohns Point Road, Parcel 1210, Section 9). The variance was approved condi- tioned on: a. No other variance but lot size and width be allowed. b. The present house be razed by August 1, 1975. 7�ir> > > tfMkO 15 ,v0r rR�E C. The barn be razed as soon as a new residence is con - strutted. �,r,t(tiby i , " I believe that as an adjacent property owner, I should have y been contacted by the Planning Commission and the City of Orono so that /76�y5 m y point of view could have been heard prior to the approval of th Fca 14crl"A' s variance. I believe that failure to ;rem) notify me is a failure to provide me with equal protection N`"E' under the law and Zoning Ordinances of Orono. Moreover, I r 3 believe the fact that I was not contacted by the City of Orono S h, re, v. and/or the Planning Commission suggests a disregard for my F rights and viewpoint. v&L(.0e s 5r�*r 70 2. Since the conditions of the approved variance were not met *e/` N 8 rRS (house not razed by August 1, 1975), thet, I think a question Ale, CC<Y/o6 exists as to whether or not the variance is still in exis- rl-feN tFN hence. I would think not. Also, can an owner get a variance 4c ric,A; 1 and pass it on to d second owner? 2- 3. I sensed the r,iood of the Planning Commission at the meeting I r1EE"T1uG attended at which Mr. Jack Rhode presented his plans was to approve the location of Mr. Rhode's pr3posed new home even if it violated both the Zoning Code and variances granted in Oc- �,•F,,cs " tC :2 �'''� ober, 1974, with respect to Ordinance 34.201. I fail to un- L)is - derstand why this "variance on variance" should be allowed Ua� and since it adversely affects my property value, I would, M A Y 1 therefore, have to object until such time as someore can demon- M ELrriAll, s. strate to me that a violation of the aforementioned ordinance rHF /lct'K'.'`'. 1S necessary. A`ri Alrov 4. There are six or more easements on or immediately adjacent to Mrt r7 my property. This results in families and their guess either driving over my property or being in the immediate vicinity. i,J,141 Should another house be erected on the lot next to mine, more Mr. Gregg H,� .nah Page 3 July 6, 1977 people will be brought into the immediate vicinity adding to an already crowded condition, partially resulting from the easements and partially resulting from the number of families living in the area. I don't think it is farfetched to say that putting a house there with more people will add to the congestion and noise level in the immediate area. 5. Jack Rhode has never called me to get my input on his proposed new house. I think the burden should be on him to try to get me "in the boat" on his new house. I do not wish to be hara-nosed nor mean. I like my neighbors very much. They are all fine people who have been very accommo�ating to me and my family. However, I have invested a jbstantial sum of morey in my pro- perty and have been investing additional sums of money to improve my property. Therefore, I hope you can agree with my position that I don't want to see anything done which will either affect my property evalua- tion nor make living in my area unpleasant for me or my family. Cer- tainly, no neighbor should benefit from an acti3n of the Commission at my expense Since I do not believe a variance to bu:lu currently exists on the lot purchased by Jack Rhode, I think that i hearing to grant a variance is the next step. I would hope tc, be contacted so my viewpoint is repre- sented at the hearing. Yours truly, JCB/hh cc: Mr. Jerome S. Ricp, Fredrikson, Byron, Colborn, Rishee, and Hansen January 13, 1976 Mr. Peter Fox Frederick -llurfurth Realty 740 East Lake Street Wayzata, Minnesota, 55391 Dear Mr. Fox: To-i+ phone 47N-7,1.57 Village of Orono 1'uttl Ilffire Box 10'ei r%.,I,il ho-,. himm-soul .6323*Nlumcipal Offlrex Ott Ihr ,forth Shure u% Lake, ► hI11141furik'a #79 'titre Planning Commission at their meeting held January 5, 1976, directed that you be notified, as agent for the Fred Rogers, Jr. property located at 1410 Bohn's Point Road, that the variance application be tabled until such time as the City receive-, word that the hazardous conditions at the site have bc—n corrected. Sincerely, H. F. MUhich Zoning Administrator HR4/ rd OASON C. BECKER 3146 NURTN SNORE DRIVE WArZATA,MINNESOTA 66361 January 19, 1976 Orono Planning Commission Village of Orono Dear Commissioners: We recently read in a local paper that some more people were asking permission to subdivide their lots presumably for the purpose of building more homes. We further understand this to be on the north side of North Shore Drive in the vicinity of our home, which is located on the south side of North Shore Drive. We would like to voice our objection to the subdivision of properties on the 7ILrth side of North Shore Drive for the fol- lowing reasons: 1. The arEa in question is already pretty well built up, meaning that it is well developed with homes. We think, therefore, that it would be a mistake to al- low more home building in the already well -developed areas of Orono which would also increase the donsity of population in an area which is already well popula- ted. If the Planning Commission permitted everyone in Orono who had a larger size lot to subd, ide and build humes, we suspect we would not only end up with a density of population unsatisfactory to the majority of Orono, but we would find that the resources of the corrnnunity Mould be taxed beyond a reasonable point. 2. Bitting more homes on the lots which already have homes on them would Cesult in the deterioration of home alurs in the immediate .,icinity. As stated above, the area .is already well settl-d. 11' more homes are introduced in the area, then we ti!ink that o(wincm sense indicates that there will be an overall downgrading of the area as a place to live due to the fact that it is now more crowded with housing. Presently, the arcs is will built up although it still retains a rustic, somewhat MuWC,6� �)PE� :7, - *0--'5 L4113 (? % W Orono Planning Commission Page 2 January 19, 1976 rural "look" due to the fact that it is heavily wooded, and the homes are well set Lack from the road. Putting homes close to the road not only increases the density of the homes, but also gives the appearance of a heavily settled area. We think it is fair to conclude that when density of homes is increased, the value of the neighborhood suffers from an economic -oint of view. In summary, we feel that granting this variance will not only result in unnecessary crowding in terms of increased density of population, but will also have an adverse affect on values of nearby homes and proForty in the area. We would hope that the Orono Planning Commission would take a farsighted attitude to- ward the question of subdividing lots for the purpose of build- ing more homes, particularly in recognition that the present character of Orono as a rustic, rural community gives it a spe- cial value and appeal. Your consideration of our feelings is apprec.iated. JC B/hh Yours truly, Carol Becker Jasu . Becker %JASON C. BECKER 3146 NORTH SHORE DRIVE WAYZATA,MINNESOTA 55391 0 January 21, 1976 Mr. F. It. Munich Village of Orono c/o Municipal Offices P. U. Box 5O Crystal Bay, MI-ivi rota 55323 [)car Hank: Regarding your question with respect to the conditions of the cottage on the property adjacent to mine, I would like to point out that there is a hazardous excavation to be filled or bulldozed over; and secondly, there is debris littering the area including some lumber, m-scellaneous plumbing fixtures, and broken glass. Fred Rogers had the huuse torn down to the ground last sum- mer which helped a great deal, but the job was not com- pleted. Fred had to leave for an assignment in Colorado; otherwise, I am sure he would have completed the job pro- perly. Fred Rogers is a good friend of mine and is very coopeva- tive. He has indicated that he intends to clean up the re- mains of the debris and fill in the excavation, and I am sure that when he returns this summer, he will accomplish that. If you require further information, please call me. Sincerely, ''..W JCFVhh 1 pvO i3(" 0 ARGUMENTS VS. VARIANC;. 1. Substandard Lot - 107' (required 140) - 28,000 sq. ft. (required 44,000) 63% of acre - easements 10' x 275' (Approx) = 2750` riul buildable 28,000 sq. ft. - 2,750 (eAi ement) _ 25,250 lot 25,250 divided by 44,000 ,x., acre) = 51'q of an acre 2. Represent a .s reduces JCB's value when JCB bough;: JCB was told lot was substandard Chouse would be bui It before he bougnc ? `!� hou;•e -ioi-- Pollution - easements anu house 26' from it 'room = NGI.;i. - check distance bc tweer Cowic i i people'-, Twines - three famili^s and juehts - tting r:aterfrolit, r Rhode may.--� four families on lot 4. Previous owner could have .ppo, ui.2d: Fred Rogers i; -ntrol c.f four e:,joini►,,, §_Utember, 197,1 I 2 Fred Rogers could have combined ),,t's o,�, rearranged this when he had control. Wa know Fred Rogers had control because he moved easemer.L off of 3145 North Shore Drive to 1410 Johns Point Road in August, 1974. 5. Easements make 1410 Bohns Point iot an "out lot" (lot for access of land locked people) 6. JCd b CRB had ne opportunity in October, +07Q..*,% .A)b;Prt. 'lot notified o' hearings by Council - Planning Commi.,sion. 3 II. Reason Why House Should Be Near Or On Carriage House Area: 1. October 22, 1974, variance granted by Council stated "no other variances would be granted but width and lot size" 2. Lot just as wide in back (120' just in front of barn versus 107' further forward) 3. Zoning Ordinance clear, not ambiguous, on setting house back of setback line connecting house on either side 4. Rhode's original plan was to remodel carriage house. Thus, there is no reason why he can't build on carriage house site or remodel carriage house 5. Land where Rhode planning to build is lowest point on lot. Water collects there when it rains. Rhode's architect says they want to build on nob of hill Becker house is on. ire is -o nob on Rhode's lot. fill wil, have to be brought .*n to create rise fo� le ho,cQ wn :h i� proposed for low point of lot. This will cause drainage problems. Where will fill to raise land come from? Character of lot will change. Right now. land Rhode plans to build on about 15' lower than where my house sets. 6. Tear;i; old carriage mouse clown (Lauer request) helps Lauer property value because old building with broken windows close to Lauer h ase eliminated. The further forward that node house is,the better it is for Lauer's. The oser to Beci.er's house that Rhode's house is, the .lore off the Beckers are. Lauer status not affected if Rhode house built on 5,... )t' carriage hou: since structure already exists there. 4 11 Becker status affected least by Rhode house going up on site of carriage house. (see drawing attached -- last page) 7. Rhode house should be set back at least 10' from easements . For prey-nt easement to work back near Becker -- Rhode property line will j-je to be dug away. Pine and other trees on lower line will probably die since they are on border. 8. Easement area should be subtracted from total property area to determine amount of hard cover and conformity to other zoning codes. 9. Argument that there i; a sewer connecting pipe to lot not a reason to grant a variance. Plenty of dots of Orono with sewer conr...:tions still not buildable. Connections put in to substandard lots as con- vPniPnce to Citv and sewer cons-;.,:c.tion comoanv -- not to signify a lot is buildable. For example,•halt acre lot behind 3175 North Shore Drive has sewer connection but not a building lot (turned down by Council on October 22, 1974). 10. Why should house ue put so close to Becker's house. Lot is deep. Most ,_,�,Ie choose to set b� rie, near rear of lot (e.g., LauQr, Hoff, Dolan, Solmonson, etc.). 11. Rhode's proposed driveway abuts the Becker'. oporty. This has an added adverse effect on Be,-ker's property value. 1 it/��L- y`��'1�% L�.►�N l �,f1 ��JZ i�,�''Y �t �i> i't��!_ f "'..J /�/O.,a''/1 '�CJ..t :.�� '�7Ct-... 1� /'�+•�i'i� , •:.. � .—�s4,,,...,- , t % .t � �+L'i'�,- '! j "_"•'`/L' �''�(-^�t ��L � i s t �/ -lbcl,�es,ccc.'y -!+=�Z, ti ✓.l r'OL ry ��c •. �:.. :,.r�,<< /„-..�1- h. ,•.v?fir � �•C �l-e'L']�'d3/1�, .�...L�c`: L �YL��"-i- �s�tic G l �Ti.. 7� ��.VI ,Ci ��. a.-:...� �^ Jam.. yE '� "`-'--- [ � �', � k.!!'�----'-��.�� r•y l�.u_GV �C �,t f. y� � `y /C i�.0 � _ � ...- '��! du A f it JASON C. HECKr. ' 9146 NORTH SHORE DRIVE WAYZATA,MINNEGOTA 66391 January 1.9, 1976 Orono Planning Commission Village of Orono Dear Comm issi oners : We recently read in a local paper that some more people were asking permission to subdivide their lots presumably for the purpose of building more hlmies. We further understand this to be on :he north side of North Shore Drive in the vicinity of our dome, which .is ]ucated on the south side of North Shore Drive. We would like to voice our objection to the subdivision of properties on the north side of North Share Drive for the fol- lowing reasons: 1, 'nie area in question is already pretty well built up, meaning that it is well developed with homes. We think, therefore, that it would be a mistake to al- low more home building in the already well -developed areas of Orono which would also increase the density of population in an area which is already well. popula- ted. If the Planning Comrlissi,)n permitted everyone in Orono who had a larger size lot to subdivide and build homes, we suspect we would not only end up with a density of population unsatisfactory to the majority of Orono, but we would find that the resources of the conurninity would be taxed beyond a reasonable point. 2. Putting more home on the lots which already have homes on them would result in the deterioration of home values in the inunvdiate vicinity. As stated above, the area is already well settled. If more homes are introduced in the area, then we think that conimon sense indi 'i_-s that there will be an overall downgrading of the as a place to live clue to the fact that it is now more crowded with housing. Presently, the area is well built up although it still retains a nistic, somewhat Orono Planning CL .►fission Page 2 r) January 19, 1976 rural "look" due to the fact that it is heavily wooded, and the homes are well set back from the road. Putting homes close to the road not only increases the density of the homes, but also gives the appearance of a heavily settled area. We think it is fair to conclude that when density of homes is increased, the value of the nei0iborhood suffers from an Economic point of view. In sununary, we feel that granting this variance will not only result in ivinecessary crowding in terms of increased density of population, but will also have an adverse affect on values of nearby homes and property in the area. We would hope that the Orono Planning Commission would take a farsighted attitude to- ward the question of subdividing lots for the purpose of build ing more homes, particularly in recognition that the present character of Orono as a rt•sti.c, rural coiiununity gives it a spe- cial value and appeal. Your consideration of our feelings is appreciated. J C B/hh Yours truly, Carol Becker ,l—as un Becker ORONO COUNCIL MEETING HELD JAPIUARY 1,; 197G Page 3 Henry Huhich, Building & Zoning Adm-nistrator, VARIAIICE stated that Mr. Peter Fox is representing 1410 Bohn's Point Road h41r. Fred Rogers, Jr. 5ft Iris teeniest for ti.-Io variances on the property located at 1 10 Bohn's Point Aoad. Zhe lot area and width variances were approved over one year ago with several conditions. FIe is now requesting a similar variance but has added the request for a variance fror the rear yard setback requirement. Several parties have shown an interest in purchasing the property if the existing barn -garage could be renovated into a dwelling. This would require the added variance of six feet from the required thirty foot rear yard sett, requirement, as the existing barn-garag located oily 24' from ':he rear lot line. The old house shown on the survey has been partically razed, however, hazardous conditions do exist as much of the debris has been left on the site and the exisitng excavation is un- protected. I1r. Fox has been informed that this proposal would be deferred until these conditions are corrected. "lannind Commission fleeting - January 5, 1976 The Commission made a motion that iir. Fox, a(lent for Fred Rogers, Jr., be informed that because of the applicant's lack of representation and because the hazardous conditions at the property site had not been corrected, the e-cition be tabled. Paurus moved, Butler seconded, that the si(.e- VAP.IAITCE yard setback variance for Thomas P. r'elson, 3245 Carman Road 3245 Carman Road, be approved I)ecausc it is a re,sonable proposal based on a 'iardshin because of lot configuration. !lotion, Ayes (4) - flays (0) . henry 11uhich, Building !. Zoning Administrator, stated tjiat i:rs. Hilc'ur :Iollander, 345 Sprii :l Roar", is re(,,uestincj approval of the suL division of her existing four -plus acre *-+arcel 4-.nto two ;)arcels s tly Larger than two acres ,.� Enclosed is upy of the proponal alone, uit h the Enq ineer' s reports from both Mr. Coffin and the Villa<;e Lrncaineer. Both parcels would ,ent the two acre area and 200' lot wi<lth _egl;irernent i this RR-111 zoned district. T. public hr.. S schedule(' for f eCruary 2, 1976 at 7:31, in the City H1"111. SUBDiVISIU:'; 345 Spring 'Till Roac4 011O11O COUNCIL IWETING HELD JANUARY 26, 1976 P-•-ie 7 Henry 11uhich, Building & Zoning Administrator, informed the City Council that Mr. Peter Fox Mis representing fir. Rogers in his request for two variances on the property located at 1410 Bolin's Point Road. The lot area and width variances were approved over one year ago with several conditions. Iie is now requesting a similar variance but has added the request for a variance from the rear yard setback requirement. Several parties have shown an interest in purchasing the-roperty if the existing barn -garage is located ly 24' from the rear lot line. The old house shown on the survey has been piartically razed, however, hazardous conditions do exist as much of the debris has been left on the site and the existing excavation is unprotected. fir. Fox has been informed that this proposal wox.zld be deferred iinti.l these conditions are corrected. Planning Commission Meeting - January 5, 1976 The Commission directed that a copy of the Jay Decker letter be submitted to the Village council. The Commission made a Tr.--)tion that lir. Fox, agent for Fred Rogers, Jr., he informed that because of the applicant's lack of represe.itation and because the hazardous conditions at the property site had not })v vn corrected, the petition be tabled. Zoning Administrator - January 12, 1976 The applicant has again been reminded to resolve the problem of debris and hazardous excavation. Planning Conunissi.on .Ie-tinrr - January 19, 1976 .he Planning Commission took no action. The debris and excavation problem is not yet resolved. VARIANCE 1410 Bohn`s Point Roau Henry rluhich, Building & Zoning Administrator, VARIANCE informed the City Council that Mr. Johnson is 1376 Park Drive requesting variances from lot area and rear set- back requirements. This area is zoned LR-lB which . t fiuires one acre (43,560 sq. ft. ) area and a rear yard setback of 30'. This lot ,i less than 11,900 sq. ft. and the kwtear yard setback would require a 20' variance (2/3 of the requirement). I would recommend denial because of the extreme non -conformities and although sewer does exist in the area, this parcel was never assessed a unit charge. (Only lateral). (Continued) rok VILLAGE 0f: ORONO July 28, 1976 Mr. Hank Muhich Planning and Zoning Administrator City of Oror.o P. 0. Box 66 Crystal Bay, MN 55323 Dear Mr. Muhich: I wish to request that a decision be rendefed by the Orono City Council relative to my application, ;Wade on behalf of Mr. Fred V. Rogers, f a variance cn lot size for Tr--ct G, Registered Land Surve1 No. 269. By denying this variance, thus establishing the property as not buildable, and by wa*,.ving the existing sewer unit charge in the amount of approximately $3,800, I plan to purchase the p-operty from Mr. Rogers and combine it with -^y adjacent lot. While the combination of both properties will still be less than one acre, it will provide me with so•-e level land on which I may construct a garage. I hope this matter may be addressed at the August 9, 1976, City Council Meeting. I will plan 'Lo be in attendance. If there is any further information or documentation I can pro- vide, please contact me. Hank, appreciate your assistance in processing my request. Si erely, 44MV J. 5t&4.1-zt4 a yell K. Stewart DKS:ndb cc: Fred V. Roger W. R. Benc )n ORONO COUNCIL I1EL*'I'tW U=Z OCTOBER 12, 1976 Paqe 15 A proposed amendment to the dog ordinance was deferred to the meeting of October 25, 1976. r ! Mr. Gregg Frank, City Engineer, informed the City Council that the City of Minnetonka Beach has asked us to contact you in regard to obtaining an agreement between Orono end Minnetonka Beach to interconnect their wate A0 ibution systems. The proposed connPc-Cion point would be at the east end of Navarre Lane as shown on thy: attached D_ lan. As shown on the plain, valves vobld be ..stalled at the connection point and this tine .:ould be normally closed. In the event of an emergency in either City, such as a major fire or well failure, the vAlVe on the line would be opened and water could be supplied from either Orono to Minnetonka Beach or vice versa. PROPOSED DOG ORDINANCE ORONO-MII4NETONKA BEACH Water Connection Butler moved, Searles seconded, to instruct the City staff to complete an agreement with [Minnetonka Beach to interconnect the two water systems subject to all costs related to this construction will be borne by 14inn- `onka Beach. Motion, Ayes (4) - flays (0) . 11, Brnd Van Nest, Planning Commission member and Cc..,)rehensive Sewer Plan Representative, discussed the preliminary Comprehensive Sewer Plan as drafted by ficCombs-Knutson, City Engineers. Mayor Searles instructed the City Engineer to finalize the preparation of the Sewer Plan for the next Planning Cor,unission meeting, October 18, 1976. City Coiincil members and Planning Commission members will review the total plan at that time. C( REI ENSIVE SE14ER PLAN Searles moved, Welsh :seconded, to authorize payment 73-1 PAYMENT of 4,978.00 to fir. Jason C. Hecker, 3145 'forth Shore 3145 North Shore Dtd ve Dri• , for loss of trees anO bj5hes (luring the 1973-1 j Se -ruc on Project as per the Lc ai Depart- ment _ .mrnt.idation, Motion, Ayes (4) - Nays O). V discussion was held concerning Ski-Tonka's CONDITIONAL USE : AUILIT cwrditional use permit status for the forth coming Ski-Tonka -:Li season. This riat..ter will be entered on the c)cto!.)er 25, 1976 Council agenda. ,,arles moved, Butler seconded, that the following LICENSE i, ins, be cipproved: f) tit-, Ayes i41 - Nays (0) . I'li-Can Plumbing 6 Heating - Plusber 00`1 TY OF ORONO P 0.BOX 66 CRYS' IINNESOTA 55323 BU44. REPORT ADDRESS OWNER - - CONTRACTOR GATE._-____*r/,r _ -_ .,-...----PERMIT NO. DESCRIPTI N_ INSPECTION RECORD A. .4 44 L Y4 (ti( t6t� G' j ;Vol _ _ 4 Lk/tc ?"lLk s •= �� . r'Cc..(s'� J RiP DA't L �� INSPECTION No Member 1.8, 19*76 fir. James A. Balogh 501 Titus building 6550 York Avenue 5out;i ttinneapolis, Minnesota 55435 Dear Mr. Balogh. I enclose herewith the following deeds: 1. Warranty Dees] f i-om Theodore W. Rogers and Mary O. Rogers, husband an(] wife, to Jack F. !Lhode. 1. Quit Claim Deed from Fred V. Rogers Jr. and Andrea 11. Rogers, husband and wife, to Jack 1' . Rhode. The Warranty Deed is subject to only the following exceptions: 1. A private driveway easement in favor of tFe Lauers, beinn Document No. 3809507. 2. A lake access easement in favor of the 11annahs, being Document No. 41049'17. 3. A lake access easement in favor of the gteWArts, being Document No. 4104908. These are the only easements of record and the only easements ray client in agreeable to taking the proporty subject to. Pleane advise when you are prepared to close. Yotirs very truly, MINiUTES OF A Pl.�l,tiiNG C ,I,'-I1SS10N !,F�-TING IIFLD 20, 1976 - PA(T S Mr. Ledst.romr Has present. fie is concerned about the safety RRHARD I.I MTRCM of his horses in this pasture. Propo-,ed duck Pond is 3465 SIXII A%INJE N. located only 50' from ?;arse i :{rn. Mr. Lc<Istrom stated IiFFI.1NDS VARIANCE - that this is really a rrarck hole paid a hazard to the horses. CONHITIOML USE PERMIT A previ ous on,rner 'most had a horse mired in the imid. fie II IC:K POND wcxild like the go ahead to fill along the stccp hill to (#z()g) eliminate the hazardous drop and excavate the rrruck area to elimiriat.e that hazard. Hank iIuhich stated that the Water- shed District is in the process of designating flood and watershed storage areas. There appears to he some question as to whether or nut the location of the Isar=oosed (hick- pond lies within this designated area. The Council requested that the applicant cl-,tain a rt:port from the Watershed District as to whc•tlicr or not this pr„posc-d dcti._k Ixmd wocilO he affected by this storage arra imlpotmcling project. After a brier disctLssion, Posek moved, Woolley seconded, to table this application to all(n,+ staff to insl:rct. by the next caect ing and a repo;rt is submitted from Cie Water,-hed District concerning the storage area. Wtion - Ayes (6), Nays (0) . The Zoicing ;-AIM;inistr,,tor stated tlr,st a topog of existing elevation and proposed amount of fill -lhoijld he submitted by Mr. LcIlst rorn. Attorney i.orens Brynestad repre,lonted i r. Rhode wi,o was .TACK MODE sick. The .'.coring Administrator informed the Commission that 1410 WINS ROINT WAD the applicant is r(..luesting approval to build on this scab- VARIANCE - U)T AREA £, standard lot. ^ vari:v,e on tot area and wi t.h would be AND t=C(!vD D-ICK �neccssary. 71;c-re is no other land mailable. A conditional CONDCIIOAAL USE TI-.41IT use permit would be necessary to keep 'he existing carriage CUFS`T firXISE hcxrse as second divel l ing to be used as a guest hoLse . (M 210) Mr. Rrynestad stated that his client is requesting the following: 1. Permission of Commission to I-crcDvate the image house into guest house. 1. Permit to proceed with construction of a residence on premises. / 3. Be able to dock out into lake to serve this probe•rty. A-Ijoining property owner Jas,n Recker was present. The Becker's objected to the proposed Lakeshore setback. Pro- posed iocation is slightly forward of the Recker's. rn,irnission was concf-ni d about the Ixrssibilitt of two structures on this lot. Commission suggested restoring and rencc.iel iw existing carriage hoiLse or to . e this st nrture and build a riew residence further hack r--c m the lake. i'esek moved, fi,Kf ield '�cirxr(ind, to table this ratter And .iuggested the appl is ant sott,mit a revised proposal contain- %ft,/ng only cure res,,',.nc.e, a %tatervnt of no object ion to proposed hose location f rc+m adjoining neighbors. new residence to rr►et sid.• and rear ,.etbark requireu—nts. dcx k only with sufficient dips to accorercc►ciate dock ril,hts of parties who had dcxk rascraents over the prr{,erty prior to the City's adoption of the new deck regulation. 4)tion - Ayes (5), Nays (0). Al stain (1) H.umah. m i MUTES OF A PLANNING COW I SS I ON MEETING HELD JANUARY 3, 1977 - PAGE 4 13<-ek moved, Woolley seconded, to approve on the basis that HARRISON JO1iNSTON thk, Watershed District does not shown any disapproval, duck (Continued) rand is confined within the French Lake marsh and this is (#202) riot a new pond as duck pond existed previously. Motion - Ayes (4), Nays (1) McDonald. Hannah moved, Pesek seconded, to table tmtil we have further RICIIARD LEDSTR(N word from the applicant. Motion - Ayes (5), Nays (0). 3465 SIXTH AVENUE N. WETLANDS VARIANCE CONDITIONAL [ISE PFRMTT (#209) ]lie Zoning Administrator advised that applicant had not sub- JACK RHODF :.,fitted new propos:.Ll . However, he informed the Commission that 1410 B(l eiS POINT ROAD the Lauer's had been in his office. The Z(-„-ng Administrator VAARIANC, - LOT AREA f, told the Lauer's t!,at Mr. Rhode's attorney i.ad stated at the WiD111 AND SECOND DOCK i,ecember 20, 1976, meeting; that the Lauer's had no objection CONDITIONAL [►Sr. PF:RI`[IT Lo the proposed location of the house. The Lauer's did not (M210) concur with this. They were agreeable to a proposed lakeshore re:haLk equal to the Becker residence. They were opposed to -cr,oieling the old carriage house. Woolley moved, Pesek seconded, to table until revised -oposal is submitted. Motion - Ayes (S), Nays (0). +'la^ning Commission reviewed report submitted by the Zoning u` COUNTY 110-TECH Administrator covering the effects the proposed Vo-Tech 2950 SIXIA AVENUE N. Czhool would have on Orono residents. Mr. Muhich stated (#126) other staff members were also requested to report on t!i2 proposed location of this Vo-Tech School. These r---ports will he the basis for our resolution of denial. Planning Commission felt that the resolution dated L'ecemiber 13 should be redated to reflect that the reports were submitted prior to resolution. i.:.ning Administrator advised Commission that this proposal MR. DRA I-."S GIFT PROPOSAL had been turned over to the Park Commission for their 2 LOTS ACROSS FR(11 review and recommendation. We have not receives; any 2835 CASCC POINT ROAD further word from them. Planning Commission further discussed this project. UPPER WATT-RSIIFD STORAGE Committee to meet again. PROJECT Pl znning Cri miss ism continued review. Chairman 11ann ih PLANNING 07M►1I SS ION & iiii reminded al members to submit in writing whether COUNCIL PFM-SSIVG not they plan to continue to serve on the [Tanning PROCEtI ES Cr-mission. MINUS-S OF A PLANNING C(TlMTSSION MEETING FIELD JXPJAPY 1?, 1977 - PAGE 3 The Zoning Administrator informed *_ne Commission that applicant will be returnir.g with new plans. The sketch of the revised plans included some changes in the marsh lar.' perimeter which could result in some problems. Dredging has been eliminated in this revised proposal. Mr. Nluhich also stated that the contractor has called requesting that a building permit be issued for Lot 6 of the revised proposed plat. Mr. Nluhich explained to him that this is not permitted prior to the filing of the plat. Mr. Steve Wilensky of Brauer & Associates was present. Fie assured the Commission that he would submit revised plat shortly so platting procedures could continue. "-k;Donald moved, Dunlap seconded, to table this matter until the revised plans are submitted. Motion - Ayes (S), Nays (0), The Planning Commission discussed report prepared by Mr. N4ihich and agreed with contents. Reports from other departments will also be submitted. The Cairiission instructed Zoning Administrator to notify applicant to I e present at next meeting when ti,e Planning Commission would take action on this matter. Dunlap moved, Pesek seconded, to table this until the next meeting. Motion - Ayes (5) , Nays (0) . Dunlap moved, Pesek seconded, to table this matter until applicant submits revised proposal. "lotion - Ayes (S), Nays (0) . Planning Commission wits very concerned over discrepancy in content of application. Current application requests approval of dredging of a 50' channel supposedly approved in 1973, yet old application and DN11 approval stipulates a 25' channel. Mr. Birkeland was present and stated that he did not knoti where the 25' width cur from. His plans are to finish the other half which was not: completed several years a,,,o, but not to make channel ,.nv -.cider than presently exists. This would involve dredging 2S' down the middle and slope the sides. At the present time, he cannot navigate his pontoon out through the mouth of this channel because of the algae and weeds that have huilt up on the hottan. Dunlap moved to recommend approval to open up close,] part of channel but not to extend over 25' bottcxn width already dredged subject to engineer's approval. VICTORIA GRAIN COWANY 500 NORT1i AIV DRIVE SUBDIVISION (PRELIMINARY) (#200) JAMES MCCLIiARY 344S BAYSIDE ROAD NOI,4-CONFORMI?JG USE. (#201) JACK RIODE 1410 PAXNS PO LYr ROAD VARIANCE - LOT AREA & tr I DTT I - CONDITIONAL USF. PERMIT (a210) RDBER1 B I RKELAAND 1298 ItiILDIURST TRAM. WETLANDS VAk:ANCF. DRFX, ING PEIVIT (#21') !ll'.1!ITS OF AM A;a I Nr, (;+Y^II SSIffr 'i.i-'1I';(" :I'.i,U 11 i "11-1R1' 7, 1977 - i'YT 7 1. Cor,1 ne Lots 4 and S as one building site until the prAlcn VIt'MRIA CRUN C(Y,T.k4Y of the oil Condit inn :rnri tiry !jilll•ln'11e aron (Cont 11!,10d) can he rusolvad 4. PralI,.inary njVroval does not indicate arprnvai for a iv dock rights. S. `7ieh iect, to a Parl; De lii -it inn of i on - Al vs (4) , `lays (0) . if the city itrti rili1,, s tint the nren tlr.i ;n:+tctl by the I'l'iulcpin co!uIty `'ails 1,intr•ict is A soil, this arr.a sho"Id not be i►lcl,r,' A in calculating dry h,lildable arra of tots 4 and S indiviNall, i•pih lot will lack: t!ic more erra. Phis +'tviAn:itInn has recently We by the J'loniinn rmni'-sinn in toe rrine of the Painters AM; �n1''+'iOnhin prily, al. i!'innnli 1-)C•Cd, rfll:i'1 ,1,c1C`l, to table this 1 ,iter as ajolirant JAFK il'Mr.. h3S r it wit', littl't� n it\ i`Serl lil'Uj�t);al. '',1lr,il .�:�t S ('1)� 1•i17 r' �'. J�11`.I '+.'1 !gays (,►) "cr' , ; I )VA t-� (. ?in) ►1r. Rirleland wrIs Ilrrsvnt. IN ;'rM; AJ in i• i rAhm it ! ','kl 1'lrnninst Cn,>iIi..,ion tiilt t:nnlii,•nt .'Iuiitr',t a , p' t f,+r dredging the 40 A c!,ar"el OWN in 197' nA ni yr 1:, �l irrtnt jir"n hx rJ nitars ;,n+l ,i i a i ° ., t' i t ' oI to c,t'.., r Tnnc ies at the We of the pr v i, "i n , j, ,'t . !iio i'l rr! t i ',,' ission rWrW Aotos rtyi.stly tWn of the area k 9—t Ka-, tale rrrafipi,itiari of 1'!le eylst111^. +' "1 1 1-7."ti0'1 01-0- fill. 7.oning 1 Ministrator On' W !Ur,t F vritor;hasn been di -Glared on drislying since AN 9 Wit ",t i,,'1. My ri , —val at this tine wnuld roquire a viriin•e to 14" , •i..itnrhlr— "r. ' ir'., l an+l -trai0 that ',c ! 1 s!e hi=. . ,r l ic•.-+tion l,cfur,, tlic roraturium. ,.:is project is t! i;.tt I " i.•t '+i; 'o"e ,lone in the winter t ir-r,. ,', , yvinn in'-i •t' A. i r' •1 ,,l that rnu Gil dec.larrl t4is iur:,tc-,ri;r.n',rri isc of • -•rill rc"'.Os that V=, 'peen -ale for Oredginp in order to set c widelines. ,im,e r,, . i`=;i +n si:'• '10 Wit "r. "ir ,Lind tmit a -Iocl, in fl"?it of tii; .,r; city. A. i,, ..1 ,, 1 felt t'irt this is a - in • Ae •'1 i 1, 11 — x i .'; i+r• order to,l nd 'ti . • 1,', pot 1 rx-'k + i i n r. �t. r a to t+ r to t'.t r.iin ',llv 1, in 7, i (4), ys (•t). 1 a �,,• t ! 1 i r t .t n, t ,.q•r ;; I ., 1 - .11 i' AMT (t`'11) MINUIFS OF A PLANNING C1Y11ISSIGN MEETING III:LD FEBRUARY 22, 1977 - PAGE 3 Pesek moved, McDonald seconded, that the minutes of the Planning APPROVAL OF MINUTES Commission Meting of February 7, 1977, be approved as corrected: %TTING F17BRUARY 7, 1977 fok (1) Page 4 - Taxes and Expenditures be changed to "taxes and specials (water, sewer). (2) Page S - ... and that the Planning Corinission could see their side of the argumient.. be changed to "that the Planning Commission understood their intent is to have the area zoned as liberally as possible to be able to sell to the broadest range of types of buyers. (3) Page 13 - That the motion (Ayes - 4, Nays - 0) be added to the Allan Pennington item. Motion - Ayes (5), 'Ways (0). Pesek moved, McDonald seconded, to table this matter until we P•1R.S. ROBI:RT C,ASCH receive further information. Motion - .Ayes (S), 'Ways "n). 1030 T(NKAWA ROAD VAR I ANCE - FT:.NCF, SETBACK (0199) Tile Zoning Administrator infnrmed the Commission that the VIC'I1)RIA GRAIN C0'MPANY Council had instructed applicant to submit another revised 500 NORTH ARM DRIVE plan indicating all proposed changes and requests. We have SUBDIVISION (PRELIMINAP.Y) received no further information. (0200) McDonald moved, Ilassel seconded, to table this matter until e receive the revised plan. Motion - Ayes (S) , "lays (3) . W-Donald moved, Hassel seconded, to table this matter until JACK Rlli)DE we receive further word from Mr. Rhode. Motion - Ayes (S), 14f0 R IINS P01,Vr ROAD Nays (0) . ,, A LANCE - LOT AREA f, K i I7Iii / CONDIT'IONAL USE PERMIT (e210) Mayor Van Nest informed the Planning Commission that Mr. Perry was not present at the Council meeting of February 14, 1977. Matter was tabled until applicant could be present to answer questions. Council was not in favor of approving leaving in the lower seawall. Pesek moved, Guthrie seconded, to table this matter. Motion - Ayes (5), Nays (0). The Zoning Administrator informed the Commission that if he received a revised plan before the Council Meeting of February 28, 1977, he would present it to the Cnumcil at that time. Mr. Brent Primuis and his representative, John Boruner, appeared informally 1,efore the Commission. Mr. Bonner wanted to keep the Planning Ccrrmi�sion infonred as to ie status of obtaining the necessary data for the rlanning Commission and Canucil review. lie was also interested in any suggestions the Planning Commission and Council might have for their corLSideration. STEKART PhRRY 297S CASCO POINT ROAD REVISED PROPOSAL (1131) SKI T NKA A)NDITI(W4L USE PERMIT `)LOIND PHASE MINUTES OF A PLAANING MHISSICN M1.ETING IiELD MARCH 7, 1977 - PA(T 6 7. Approval of septic system for each individual parcel before building permit is issued. ,8. The dock on Outlot B would service only the projected seven parcels of the subdivision. Motion: Ayes - 3 (fiannah, Dunlap, Hassel) , *lays - 1 (Pesek) Abstain - 1 (McDonald). The Zoning Administrator stated that he had contacted W. Rhode regarding the status of his application. fie was advised that Mr. Rhode suffered a heart attack at the b-ginn,ng of the year. However, Mr. Rhode still plans on submitting a revised proposal as soon as he is able. Hannah moved, Kassel seconded, to table this application until the necessary data is received. 1-btion - Ayes (S), Nays (0) . The Zoning Administrator explained that no additional material or application has been submitted. Hannah moved, Pesek seconded, to table this matter until we receive this data. Motion - Ayes (S), Nays (0). Mrs. Casdi was present. Once again, she reminded the Planning Commission of the error that was made at the ime Mrs. Parten's house was constructed concerning the Placement of the house on the lot and the setback from the lake in relation to the adjoining property owners. Mrs. Gasch related that time has helped the situation. Mrs. Parten is now living in her home and is more aware of Mrs. Gasch's request for privacy. She also stated that Mrs. Parten is now agreeable to the pro- posed fence and would be willing to submit a written statement to that effect. Mrs. Gasch also informed the Commission that she would be planting evergreens along the fence. When the day care that she could remove the fence she would do so. After a brief discussion, Hassel moved, Pesek seconded, to recommend approval of the proposed fence based an the current status to try an,3 alleviate some of the problems involved. Approval is subject to a written statement of approval from Mrs. Parten and the plant- ing of evergreens to include the removal of this fence at some future date. Motion - Aves (5), 'Nays (0) . Member W-Donald left at 9:SS p.m. The Zoning Administrator presented the proposed site vid elevation plan. i?ie applicant is requesting approval of an a(Wition to the existing Marketing Research Center on County Road 019. Proposal consists of two floors. The first floor will be occupied by the applicant arx'. the secand fl nor will he rc n t ed out VICTORIA GROIN aTIPA'NY (Continued) (b 206) JACK Rf IODE 1410 BOf CIS POINT ROAD VARIANCE - LdT AREA & WILMI - MNDITIONAL USE PERMIT (0210) SKI TONKA CCIDITI4VAL USE PERMIT (SECOND PI-WSE) REVISED PROPOSAL MRS. ROBERT G SCli 10-M TQ4KAWA ROAD VAR I LANCE - FE.N(11 Sf.TB ACK (#199) FREVERT f, iiALL (TONKA WFS'f I)EVELOPhf.N T) 2477 Sf iADYWOOD ROAD SITE AND I-:I.EVATIQN PIAN APPPdNAL (B - 4) CITY OF ORCANO, MINNF.SOTA RECIII.AR PLA`NiNG m1MISSIw ?.fEETINC HELD MMARCH 21, 1977 to�e Orono Planning Commission met on the above date with the following members present: Chairman Gregg Hannah, Members Gloria McDonald, John Guthrie and Paul Pesek. Members Diane Dunlap and Dick Hassel arrived at 7:35 p.m. Also present was the Zoning Administrator flank'uuhich. Guthrie moved, Pesek seconded, that the minutes of the Planning Commission meeting of March 7, 1977, be an as corrected: "Page 7 - Stubbs Bay Marina (A234) that the motion be changed from 5 Ayes, 0 Nays to Ayes (4), Nays (0). Motion - Ayes (4), Nays (0). The Zoning Administrator advised that Mr. Rhode had been in his office that clay. fie will submit a revised proposal in approximately one month. Pesek moved, AIct)onald seconded, that this matter be tabled until the necessary data is submitted. 'Motion - Ayes (4), Nays (0) . L., 4ahich stated that no application has been submitted. However, he will continue to keep this item on the agenda. The Planning Commission reviewed the revised proposal. The members -^re concerned about the extent of Ila (!I:w,)el) soil on Lots 6, 7 and S. They suggested a com!)ination of Lots 6 and 7 as one parcel to provide adequate area for a septic system►. Mr. Levering stated that he would be willing to combine these two lots with the understanding that he could split this lot at a future date. The Planning Commission was also concerned whether or not Lot 8 could support an on -site septic system. After some discussion, the Commission determined the area of qualifying soils was adequate, but the location was questionable. The Commission felt that this lot should be approved as a separate parcel on the condition that no building permit be issued for the lot until plans for a septic system and replacement were approved by the City Engineer. After a brief discussion, Ikmlap roved, !tassel secrr►ded, to reccr upend approval of the revised preliminary Flat subject to the following: ATII:.Nf1* T - 7:30 P.M. APPROVAL OF MINUTES Mf-:i T I NG MARCH 7, 1977 JACK RHODE 14 BOINS POI.WT ROAD I ANCE - LOT AREA $ W I I Mi C(NDITI( 4AL USE PERMIT (I1210) SKI 'T tM - "DITIONAL USE PEIV,IIT (SI0141) PIIASF.) REVISED PROPOSAL WILLIAM D. LEERING 275 WILLOW DRIVE SUBDIVISION (PRELIMINARY) REVISED PROPOSAL (#223) CITY OF OR(NO, MINNESOTA REGULAR PLANNING (X WI SS I ON MEFT I NG HELD APR I L 4, 1977 .ie Ora10 Planning Commission met on the above date with the following meii)ers present: Chairman Gregg Hannah, Members Gloria McDonald, Diane Dunlap and Paul Pesek. Member Hassel arrived at 7:3S p.m. Also present was Zoning Administrator Hank Kihich and Mayor Van Nest. Dunlap moved, Pesek seconded, that the minutes of the Planning Commission meeting of 'March 21, 1977, he approved. Motion - Ayes (4), Nays (0). The Zoning Administrator informed the Conanission that Mr. Rhode has been into his office to discuss his new proposal. New material will be submitted soon. Hannah moved, Pesek seconded, to table this matter until the new proposal is submitted. Motion - Ayes (S), Nays (0). The Planning Commission was advised that no application has been submitted to date. e 'oning A ministrator reminded the Cmnission that he had sent a letter to `Worth Shore Drive Marina concerning the possible use of boat storage racks on their property. fie advised that any increase in slips, including the combined total of both land and water slips, was not permitted in marinas. A boat storage rack constitutes a structure and would require a building permit. Before a building hermit could be issued, however, he would need the approval of Cou;lLil and the Planning Commission Hannah muvei, Peek seconded, to table this matter until further input is n eived. ',btion - .Ayes (S), Nays (0). The Zoning Administrator advised that no new material had been submitted concerning the proposed dock location and dradging. The engineer was requested to come to the City office to discuss this project. Mr. Muhich stated that in talking with the Watershed District they suggested tint the dock he constricted on floats which would eliminate the need for pilings. Mr. Muhich also informed the Commission that the INR considers the area of the dock 1 oc at i on to be part of the lake ind not marsh. ;1,nlap moved, Pesek seconded, to table this matter until e necessary material is submitted. Motion - Ayes (S), r�5 (0) . ATTI:NDANCE - 7 : 30 P.M. APPR(VAL OF MINUTES MIFrING MCI 21, 1977 .JACK RHODE VI0 BOWS POINT ROAD VARI.4'VCE - U)T AREA f, WIDTH CONIJIT I9,1AI, USE PERMIT (# 210) SKI TCNKA - CONDITIONAL USE PERMIT (SECOND I -LOSE) REVISED PROPOSAL NORTY1 SHORE DRIVE MARINA 3222 NORTH SHORE DRIVF 1977 LICENnE APPLICATION REVIEW (#23S) V I C'P)R I A GRAIN COMPANY S00 NORTH ARM DRIVE rf rK LO ATION & DREDGING (#zn0) E_x.lain Re(uest Relative to Requirements I would like permission: (1) To retain the existing building at the rear of the lot f•or use as a garage and storage area. 1 would obviously perform the ne�_essary outside "cosmetic." work on this building so as to make it attractive and compatible with the design and ap9earance of the new residence to be constr,ictea on the lot; (2) To build a new residential structure on this substandard lot see proposed layout); no side yard variances are required nor requested; (3) 10 obtain a conditional use permit to in,..all a boat dock for my use on this property (see proposed location on attached plan). ExteV of Non onformi ty_ Lot Size_ - Approximately 29,000 square feet in parcel ;t;iereforc 14,560 square feet short of required 1 acre -- 43,560 squari feet -- lot size) Lot Width - 107' wide (therefore 33' short of required 140' lot width) Rear Setback_ - Setback of existinq carriage house/garage is b' short of required 30' setback Conditional Use Permit - For second dock on property because of existinq -�� dock for previous lake access and dock easement. MINUTF.S'OF A P1.WONG ffVt4lSSIDhi M!:.h7ING IiELD MAY 2, 1977 - PA(;E 4 The Zoning Administrator stated that the applicant is Onesting a lot area and width variance on a lot in the le Hill subdivision. This is the last lot of the subdivision and the area is severed. Mr. Novotny, adjoining property caner, was present. Ilie Planning Co-inission explained to him that this area was originally zoned 1/2 acre. This area was rezoned to one acre in January of 1975 with the inderstanding that it would probably be necessary to grant some variances. Hassel moved, McDonald seconded, subject to a park dedication fee tional land available. Motion - Ayes (6), Nays (0). to ;+i„tmvc this variar�e atxi U+ere is no addi- Mr. Keith Sjodin, Attorney for Waconia iicxres, arrived and the Planning Commission discu::sed this proposal with him. Mr. Sjodin indicated Waconia Nor:+es interest in purchasing Lots 6 and 7 to conbine with hots 1-5 as two building sites. As with Mr. Doerfler, the Planning Co?:znis-:ion indicated to Mr. Sjodin that regardless of .hat ;ot rearrangement was negotiated, only two building sites would be possible for the entire block (Lots 1-10). CPlanning Co;:mission inforried Mr. Si thin that this matter had been tabled to allow time for checking into the status of the property. Cha i i man Hannah announced that he would not be parti- r i}rat ing in this discussion and Member MLN)riald chaired this item. The Zoning A(kninistrator stated that Mr. Rhode is requesting a variance on a s&standard lot. A similar variance was approved several years ago on the s::,e lot. Approval at that time was conditioned on the removal of the carriage house. Current pro- posal requests the use of the existing structure. fie Planning Ccnanission reviewed the revised site Flan with Mr. Rhode and the two adjoining neighbors, Mr. rocker and Mr. T, Mrs. Lauer. PTgv-)%ed site appears to be a little toga far forward. However, moving the house location back to the 30' --ethack line would result in an encroachment on the Lauer's to the west. The Zoning Administrator suggested that it mi,,.►t be best to rcxne to a happy redirun and lr -ate the front of the hou,:e mi(l;ay bctneen the 0%�..sed location and the average Setback line. KEN. ROELOFS • 2605 LYDI1.RD CIRCLE VARLANCE - LOT AREA (0 252) V I RGI L IK)ER11.F.R 4799 'If)NIKA VIhW VARIAVY, - LOT ARFA -.0 249) $ W I Irni ,LACK fit role 14 10 K); M 1101 NT WAD %IAR L4NCE - Wr AREA 6 h I DIN REV I SFD PLANS (1210) .,I FS OF A PL-14N.NING Ct?•P•IISSWN p¢;ITI'VG ItFI.D rt4Y 2, 1977 -PAGE 5 Atr. Lauer had no qualms ahouit the location of Mr. Pthode's stricture. However, he did feel that the lot was too rall to contain both the carriage house and the proposed _•1I ing. Mr. Recker also objected to the use of the carriage house. He. too felt that the lot was too small and this would affect his value. He expressed his objection to the proposed la.ation of the ck.'elling. He felt that the car-iage house should be torn down and that the pioi„sed stricture should he located near this snot. The Zoning Ailministrator rcmindcsi Mr. Recker that the carriage house is encroaching Mr. Laueis prolK:rty ncrw. It wc»rld he better to locate the (1welling where there would be the least amount of encroachr,:nt. A long discussion followed reganling the location of the proposed dwell ing. Not );rich progress in detennining satisfactory location. The three interested parties could not agree an location. Mr. Rhode stated that he would he willing to go along with the suggestion of the Zoning Administrator which was midu.,ay between the proposed location and tine average setback line. Planning ro;:missic,l indicated their objection to the else of the existing car.-.ge house. They also indicated objection to the rultiple dock on property. They suggested q n in dock for use of surroimcling property owners }• -'rig t:,,e access easement across s&jF•r_t property. Pesek roved to approve the variance on the basis that the existing building be removed before construction and that the front part of the building, per se, he setback saiae distance as the Recker resid^nce 30' ahead of line. Mot;nn failed for lack of a second. Has el moved, Hosfield -econded, to deny variance and that a new application be submitted. motion failed. Cuthrie moved, Pesek seconded, that the appl icat ion Le approved si6ject to the house being setback a distance of 105 feet from the lake as suggested by the Zoning a(Lministrator - midu;ay between 75' lakeshore and average setback of the two adjoining dwellings; no other variance than lot area and width be granted; carriage house be razed as soon as the structure is constnrcted; cw►e flock on this property; and subject to a Dark -ledication fee. After soxae discussion. Githrie withdrew his motion. tassel t?-ien moved to table the application and suggested Mr. Rhode s&mit another revised plan indicating dimensions from lal%eshore in Order to determine actual location and eliminate any future controversy. Mot ion - Aves (S) , Nays (0) . %o Rteode stated that he was sehel-led to be exit of town (luring vur next %cheduled meet ing aid tl-.At h • would srrtunit a revised pr"rwvsal for the June 6, 1977, ree ct ir.g. JACK P00DE (continued) (# 210) M1NU"11:S OF A PLANNING CO MISSIRN 111:FTING HELD MAY 2, 1977 - P, (1) Proposal meets all zoning rerluirejxmts. (2) Utility and access ea,,ernents to `re indicated on final plat. �) Additional unit assessment (sewer and water) 0) Park Dedication tee of $2,000. Motion - Ayes (6), Nays (0). The Zoning Administrator informed the Conunission that the applicant had riot submitted any new material regarding the planting plan requested by the Commission at the last meeting. Chairman Hannah aru-iouvuced that this mattL'r wound be held in abeyanc- until later in the meeting for more discussion. Applicant was not present. Planning Corunission deferred this matter until later in the meeting tifien the applicant would he present. Mr. Iloerfler was present. Ile is requesting a lot area variance for the combination of Lots 8, 9, and 10 as one building site. The Zoning Administt-itor informed the Commission that the County is concerned about the access for %trs. Lucille Olson wtro lives on North Shore Drive. e County suggested changing the access for this horse _o go to Tonka View. Her only other access or„o North Shore Drive would be hazardous became of the blind curve on 019. Mrs. Olson has been using an illegal access through Lot 6. ltiaconia fiorrs owns Lots 1-S and are also interested in hots 6 and 7. The Planning Conriission indicated their objection to the request as the proposal would result in another extremely substandard site on Lots 6 and 7. The Planning .:ommission suggested that the applicant atterrTt to purchase lots 6 and 7 to combine with lots 8, 9, and 10 as only one building site. hots 6 and 7 would he tax forfeited sometime in .hire. Tt would be necessary to provide an access easement to the Lucille Olson property on County Road #19. The Planning Cou-nission indicated their preference of utilizing the entire block (hots 1-10) as two building sites only regardless of what lot rearrangement was negotiated. After some discussion, Hassel moved, flosfield Seconded, to table this matter allowing the availability to check the statris of the pr -,perty. kklt ion - wes (6) , ays (0), RICIIARD BRIUS'TEDT (continued) (N246) CAYI1:'S MRI.NA 3366 NORM SHORF. DRIVE NJ I LDI IIX PLAN APPROVAL (#248) 1A' MIODE 10 BC ;S FONT ROAD I / t '1RIANCE - LOT ARr.A $ WI ITIli V (a210) VIRGIL IXIF.RFLER 4799 TONKA VIEW VARIANCE - L(YT .%RF.A (M 249) MINUTES OF A PLAMNING COP-t-#1SS1()N WT� TI`.G HELD MAY 20 1977 - PAGE 4 The Zoning Administrator stated that the applicant is questing a lot area and width variance on a lot in the �� ..pp_le Hill subdivision. 'I1iis is the last lot of the subdivision and the area is severed. Mr. Novotny, adjoining property owner, was present. 'Me Planning Commission explained to him that this area was originally zoned 1/2 acre. This area was rezoned to one acre in January 197S with the understanding that it would probably b. „rcessary to grant some variances. Hai_<el moved, W Donald seconded, to approve this variance subject to a park dedication f?e and there is no addi- tional land available. Motion - Ayes (6), ?gays (0). Mr. Keith Sjodin, Attorney for I',aconia Homes, arrived and the Planning Commission discussed this proposal with him. Mr. Sjodin indicated Waconia Hanes interest in purchasing Lots 6 and 7 to combine with Dots 1-S as two building sites. As with Mr. Doerfler, the Planning Commission indicated to Mr. Sjodin that regardless of %%fiat lot reairangement was negotiated, only two building sites would be possible for the entire block (Lots 1-10). ,o Planning Commission informed Mr. Sjodin that this matter had been tabled to allow time for checking into the status of the property. Chairman Hannah announced that he would not be parti- cipating in this discussion and Member 'McDonald chaired this item. The Zoning Administrator stated that Mr. Rhode is requesting a variance on a substandard lot. A similar variance was approved several years ago on the same lot. Approval at that time was conditioned on the removal of the carriage house. Current pro- posal requests the use of the existing structure. The Planning Commission reviewed the revised site plan with Mr. Rho,!c and the two adjoining neighbors, Mr. pecker and Mr. f, Mrs. Lauer. Proposed site appears to be a little too far forward. However, moving the house location back to the 30' setback line would resiilt in an encroachment on the Lauer's to the west. The Zoning Administrator suggested that it might he best to come to a happy medium and locate the front of the house raid av between the L._.eoposed location and the average setback line. kF.N ROLLOPS 260S LYDIARD CIRCLE VAR LALNCE - LOT AREA & W I DTi i (N2S2) VIRGIL DOERFLER 4799 TO.NKA VIEW VARI.ALNCE - LOT AREAL (#249) JACK Ri iODE 1410 "US POINT ROAD VARIANCE - LOT AREA & ►VII7IN REVISED PLANS (N210) MINUITS OF A PLWNING C(T 41SSION NTFFING FIELD MAY 2, 1977 - PAGE S Mr. Lauer had no qualms about the location of Mr. Rhode's JACK RHODE structure. However, he did feel that the lot was too (continued) ,,mall to contain both the carriage house and the proposed (k210) Orel 1 ing . Mr. Becket also objected to the use of the carriage house. fie too felt that the lot was too small and this would affect his value. Ile expressed his objection to the proposed location of the dwelling. Ire felt that the carriage house should be torn down and that the proposed structure should be located near this spot. The Zoning Administrator reminded Mr. Becker that the carriage house is encroaching Mr. Lauer's property now. It would be better to locate the dwelling where there would be the least amount of encroachment. A long discussion followed regarding the location of the proposed dwelling. Not much progress in determining satisfactory loc,lion. The three interested parties could not agree on location. Mr. Rhode stated that he would be willing to go along with the suggestion of the Zoning Administrator which was midway between the proposed location and the average setback line. Planning Coirurnission indicated their objection to the use of the existing carriage house. They also indicated objection to the multiple dock on property. They suggested nne main dock for use of surrounding property owners having i :ke access easement across subject property. Pesek moved to approve the variance on the basis that the existing building be re,noved before construction and that the front part of the building, per se, he setback same distance as the Becker residence 30' ahead of line. Motion failed for lack of a second. Hassel moved, Hosfield seconded, to deny variance and that a new application be submitted. Motion failed. Cuthrie moved, Pesek seconded, that the application be approved subject to the house being setback a distance of 105 feet from the lake as suggested by the zoning administrator - midway between 7S' laleshore and average setback of the two adjoining dwellings; no other variance than lot area and width be granted; carriage house be razed as soon as the structure is constructed; one Dock on this property; and subject to a park dedication fee. After some discussion, Cittthrie withdrew his motion. }tassel then moved to table the application and suggested Mr. Rhele sul)mit another revised plan indicating dimensions from lake ore in order to determine actual location and eliminate anv iiiture controversy. `•Iot ion - 4yes (5) , Nays (0) . Rhode stated that he was scheduled to he cunt of town during 36 next scheduled meeting and that he would sul)mit a revised proposal for the June 6, 1977, meeting. MINUTES OF A PUNNING C( M11,STON ', T.ETING HELD JUNE 6, 1977 - PAGE 7 Applicant was not present. Hannah moved, Guthrie seconded, to table this proposal until appl.cant could be present. Motion - Ayes (7), ?Ways (0). After reviewing the proposed revisions, the Planning Commission basically agreed with the concept. However, they voiced their objection to a review board. It is their feeling that any decisions made by the Zoning Admin- istrator should then go to Council, or if appealed, to the Planning Commission. The Commission also felt that it would not be necessary to be notified of any variances acted upon by the Zoning Administrator. Hannah moved, Dunlap seconded, to recommend that the Zoning Administrator be able to act upon items in A r, B but that the items would then go to Council for final action; the review board be excluded; notation on the application that if denied by the Zoning Administrator the applicant be advised of their right to appear before the Planning Commission %t ion - Ayes (7) , Nays (0) . The Planning Commission reviewed the applications before them. Given the fact that several of these letters were Dated a couple of years ago, thev felt some new material k- s needed. They suggested that some form of natice be sent to the public informing them of this opening. Several members indicated that they were not familiar enough with the present applicants to make any official recommendations. However, the general feeling of the Commission is that there is sufficient real estate representation at this time. They also suggested more representation from diversified areas of the City. Member Dunlap highly recomrended Jo Ellen Hurr for her many years of service on the Park Commission and also Peggy Watson for her dedication to projects that she becomes involved with. Member McDonald also recommended Jo Ellen Hurr. The Commission also noted that past applications have not been acknowledged. Cuthrie moved, !Xmlan seconded, to reconrend that all applicants be notified by letter as to the status of their application. Motion - Ayes (7), `Jays (0). JACK MODE 1410 BOHNS POIM' ROAD VAR I AVCE - UYr AREA & WIDTH (#210) ZRVING MIANCE PROCEINJRE DV►U APPOIN IM1 NT TO PIXNI`JG CUMIS.SION MINUTES OF A PLANNING COMNU SSICN MEETING HELD AUGUST 1, 1977 - PAGE 3 Mr. Olson advised that Council had referred this item back to the Cormiission for reconsideration. When plicant was advised of this action, he informed the ty office that because of prior commitments he would not be able to attend this meeting. }tassel moved, Dunlap seconded, to table this application until the next meeting. Motion - Ayes (7), Nays (0). The Asst. Zoning Administrator advised that preliminary and final subdivision approval had been granted approx- imately one year ago to this property. However, the park dedication fee was never paid. Previous approval was subject to a park dedication fee of $2,000 and no lake access easement be given for Lot B. Mr. Reardon was present. Commission reviewed final proposal with applicant. Planning Commission advised applicant that it would be necessary to record access easements for Lot A through Lot B and that Lot B would have no riparian rights. Hassel moved, Guthrie seconded, to recommend final subdivision approval as submitted subject to access easements being recorded for Lot A through Lot B, no riparian access for Lot B and a park dedication fee of $2,000. rbtion - Ayes (7), Nays (0). (I The Asst. Zoning Administrator stated that Mr. Rhode has submitted a new set of plans. fie has relocated the house so that the lake edge of the house is in line with the Becker house next door. The current proposal has been moved back 35 ft. from the original location. Jack Rhode, -his architect Bob Peterson, and -builder Jerry rluetzkow were present. Mr. Rhode explained that he was withdrawing his request to use the existing structure as a guest house. He is now proposing to use this building for storage. In terms of the topo- graphy of the land, he preferred the original proposal and felt that moving the house farther back was a merit of compromise. Mr. Peterson advised that there would be more costs involved with the current proposal because the farther back you go on the lot the more fill it will take. There would also be a problem with the grade. Chairman McDonald felt that after visiting the site: again this proposal had less of an impact to the Becker operty because the side Mr. Becker's home affected 'may the proposal has no windows. This proposal also appears to be more in line with the Becker home. ROBERT F. WHITE 320 WOODHILL ROAD VARIANCE - REAR YARD SE MCK (#275) LAURENCE REARDON (PHILLIP DYKSTRA) 3080 NORTH SHORE DRIVE SUBDIVISION (FINAL) (# 73) ✓JACK R1i0DE 1410 BONS POINT ROAD VARIANCE - LOT AREA T, WIDW ODNDITIONAL USE PERMIT (N 210) MIX -,,IS OF A PLA.`,1NING MNISSION 1MING HELD AUGUST 1, 1977 - PAGE 4 Mr. $ Mrs. Becker were also present. They expressed their concerns and objections regarding the proposal. Some of Se were: (1) When was the land legally platted? It was their understanding that if the land was legally platted before the 1965 zoning, Orono policy would tend to grant variances. (2) Did prior owner own the lot as an adjacent property? (3) Lot in question was less than the 1 acre area and 140 ft. width requirements. (4) His nearest neighbor is presently 140 ft. away. When he purchased his house he was advised by his attorney that the lot in question was unbuildahle. lie is opposed to the 26 ft. setback on Mr. Rhode's house. (5) Becker's prefer the quiet and felt that the noise level would be increased. (6) A variance had been granted in October of 1974 to this property subject to no other variances being granted and the carriage house being razed. Mr. Becker felt this should be enforced. (7) It is his understanding that a driveway should be 10 ft. from a lot line. Mr. Becker felt that the proposed driveway for the Rhode property was too close to the lot line. (8) No more than. 1 principal building located on the lot. requested that the Planning Commission should take these items into account when making their decision. After "11 the comments were heard from the concerned parties involved, the Planning Commission discussed the proposal before them. In addressing the points brought up by Mr. Becker, the Planning Commission advised that the lot in question was a substaneard lot rather than an unbuildable lot. The variance granted in 1974 and the conditions set forth at that time were now void. However, the same conditions could again be applied to this application. Due to the fact that Mr. Rhode has withdrawn his request to use the existing structure as a guest house, there would be only one principal building on this lot. Concerning the driveway being too close to the lot line, Orono code does not specify any setback requirement. Commission also discussed the 7S foot lakeshore and average setback in relation to this property and the adjacent and nearby properties. Given all the facts, they felt that Mr. Rhode was cooperative in trying to resolve this mat zer. /JACK RHODE (continued) (#210) MINUTES OF A PUNNING C(INISSION MEETING HELD AUGUSf 1, 1977 - PAGE 5 Commission also determined that if the proposed driveway were to be gravel, current proposal would be under the $ftt hardcover requirement. There were some negative feelings on the Commission with regard to the carriage house. Members Dunlap and Burr felt that there was too much building bulk for the size of the lot and therefore the car..-iage house should be removed. Guthrie moved, llosfield seconr',ed, to recommend approval of the application subject to having a gravel driveway in recognition of the total ha-dcover on the planned house and existing building. Motion: 4 a✓t__ (]Tassel, kicDonald, Hosfield, Guthrie) 2 nays (Dunlap, flurr) 1 Abstain (Hannah) Asst. Zouiing Administrat, explained that this application is for filling and grading within the lakeshore area. This area had been dredged one time before and has filled in over the years. Applicant is requesting permission to refill area so as to he level of adjacent properties and level off to make lawn area. Letter from engineer recommended that the area should be riprapped across the -;ont prior to any filling. Mr. Metz was present. fie stated that he was proposing to use sand or area like fill for the project. Planning Commission expressed concern about authorizing any filling in the lakeshore area, but felt this would be the restoring of a natural situation rather than creation of anything new. After some discussion, Hurr moved, (Tassel seconded, to recommend approval Conti ,ent on the fact that the shoreline be riprapped prior to any fillinr and that the type of fill be approved oy the city engineer. Motion - Ayes (6), Nays (0), Abstain (1) McDonald. Planning Commission was informed that applicant had called advising that they would he unable to aT,end this meeting. Their request is for a conditional use pt•rmit for the keeping of a horse. Applicant owns 1.13 acres at corner of Watertown and Willow and has leased the adjoining property to the north which is 2.68 acres. Nir. £, Mrs. Gonsolus, property owners across Willcw Drive, were present and had some objections. Adjoining property owner Rusciano has submitted a letter of -� objection to the maintaining of a barn ou this property. Hannah moved, Hosfield seconded, to table this application until the next meeting to allow the Martin's to be present to indicate where the ha:n is located on this lot and the length of the present lease. Motion - Aves (7), Na" (0). SACK RHODE (continued) (#210) TIiEODORE 16ETZ 4 300 NORTH SHORE DRIVE CONDITIONAL USE PERMIT (N286) WILLIAM MARTIN 2380 WA'fcRTON ROAD CONDITIONAL USE PFYMIT HORSE AND BARN (N287) 41 i lf,ee, 4e; 2"s- ore re TO: Dick Benson, City Administrator FKH: Hank %hich, Zoning Administrator DATE: December 1, 1976 SUBJECT: Jack Rhode (Fred Rogers) - 1410 Bohns Point Road Variances - Lot Area, Width - Average building setback from lake - Rear Yard Setback for Existing Carriage House & Second Dock - Conditional Use - Guest House and Second Dock This is in regards to the lot eff Bohns Point Road which is being purchased from Fred Rogers. Mr. Rhode is requesting approval to build on this substandard lot and maintain lakeshore rights an Crystal Bay. This is an LR-lB zoning district with the following lot and setback r--quirements: 1. Area - 1 acre (43,560 sq. ft.) 2. Width - 140' 3. Side Yard Setback - 10, 4. Rear Setback - 30' 5. Lakeshore Setback - 7S' or average between neighboring dwelling The following conditions now exist in regards to this subject lot: 1. Area - Approximately 29,000 sq. ft. 2. Width - 107' 3. New structure can be designed to meet 10' side ,Yard setback 4. Existing carriage house is 24' from rear lot line S. Lakeshore setback for proposed new dwelling exceeds 751, but would be between 65' & 80' forward from existing dwellings on adjoining lots. The following variances would be necessary for approval: 1. Area - 14,560 sq. ft. 2. Width - 33' 3. No variance on side yard setback 4. Setback from rear lot line - 6' 5. Average setback from lake - 6S' to 801 The parcel is a previously, platted lot with no additional adjoinin3 land available. The applicant would like to remodel the existing gray colored, cedar sh,agle carriage house as a guest house. This would require a rear yard variance of 6' as it is located only 24' from the rear lot line. A variance of 6S-80' from the average lakeshore setback from adjoining dwellings would be necessary for the proposed location of the new house. This location could be moved back sane, but not too much as the depth of the lot and the location of the existing carriage house prevents this. .Jack Rhode - 1410 Bohns Point Road Variance Page 3 0*�L.ANNING COD1fttISSION '11''ING - ,January 1.7, 1977 Still waiting for revised plan. PLANNING COMMISSION MEETING - February 22, 1977 'fabled. No new material. PI.AANVINr, C 141ISSIGN - March 7, 1977 Tile Zoning Administrator stated that he had contacted Mr. Rhode regarding the status of his application. fie was advised that "tr. Rhode suffered a heart attack at the beginning of the year. however, Mr. Rhode still plans on submitting a revised proposal as soon as he is able. Commission tabled this application until the necessary data is received. PINNING OMISSION P-TETINr; - 1brch 21, 1977 "fabled for revised plans. Should be complete in time for Planninp Cor nission meeting of April 18, 1977. PLAaTHNG C()1 ttISSI("V "•ff 71NG - April 4, 1977 Tab 1 ed . STAFF - April 12, 1977 Ar. Rhode has submitted a revised proposal and site plan includi-ng the adjoining properties with house locations. tie is still requesting the use of the existing structure. I'm enclosing copies of this revised proposal and plan. I checked the site again and feel the proposed location of the house may be a little too far forward than necessary. I also believe that moving the house location back to the 30' setback line would result in an encroachment on the Lauer's to the west. It might be best to compromise and locste the front of the house midway between the proposed location and the average setback line as shown on my Sketch "Exhibit A". We might also consider sticking to the conditions set forth by the Council on October 22, 1974, (copy of minutes enclosed) when a variance or. this lot was first approved. At that time, removal of the old garage was one of the conditions of approval. We could require this again. Because of the revised proposal, I have moved this item back as a work session item. PU.N,,-NC 014flSSION MEETING -May 2, 1977 Mr. Rhode and neighbors Mr. Becker and Mr. F, Mrs. Lauer were present. Commission indicated objection to retain existing carriage house. Similar variance approved in 1974 was conditioned on removal of carriage house - also indicated objection to multiple dock on property. Sungested one main dock for use of surrounding propertv owners having lake access easement across subject property (grandfather - leRal non- .onforming. JVk bugle • 1410 Rohns Point l }- , Variance Page Q .. A conditional use permit would also be required if the applicant is given approval of remodeling the existing structure as a guest house. If we do approve this conditional use we could stipulate that this property not he sold as a two-family unit. A variance and conditional use permit would also he required if we are to permit the owner to c(xistruct a second or third dock on this property. It appears the previous owners gave lake access and dock easements across this property to two adjoining property owners located off the lakeshore. I understand -hese docks were in before our ordinance for one clock per property went into effect. We might consider substituting one common dock. PLA.' N I NG CC>T`1 I SS I ON WORK q:.k I CN - 12 - 6 - 76 Showed concern about encroaching average setback of adjacent houses. Suggested one residence only. Either remodel existing carriage house or raze carriage house and construct new dwelling further back from lake to eliminate possibility of infringing on lake view of neighbors. PLA.' N ENS ('( M SS I (Ir' * 11—M I C, - 'lec eri Ne r .20, 1976 Attorney, Lorens Srvnesta,l, renre.wnted `Ir. P'rode. ".ftcr rc-viei.ir.g Vie proposal, n the Planing Cotrnission the applicant Sullni t a revised proposal indica- ting the following: 1. Plan with one residence only (restore and remo,iel existing carriage house) or rate existing structure and huil,l now residence rurther Lack from the lake so as not to encroach on neighbor's lal.es'ipre setl,ach. 2. 5*,:brit statcn'xnt of no objection to proposed 'Irnrsc location from adjninind, neighbors. 3. ':ew licm would rmet side and rear sc Oacl, regiure-rents (if existing structure is to he restored. the location is alma,ly determined). 4. 'fie Jocl, only with sufficient slips to acco;,riodnte doc1: rirhts of nartie. who :raa Bloc', casemnts over the nronerty ►)rior to the City's adontion of the new .foci. rec-ulations. S'l AF'F - : Mcenher 31, 11176 Lowr's met with ne in orrice inrniirire a, -out rro•osal. ',ev infornom.f -w Oev Mould '.)e onnosed Lo restoring ant+ rerWel ins ex iatin- non-confri minf, carrinne house. M!to 4ttated tnev woad not e+!r jeet to new ;tnictiir- if it were seti),40. from t'le s'unrel the the ¢am ejGt.nvice as the lecl.er rPei,!cnce on 1 rIP other -,04- nr vie so sect lot. Januar• i, 107" Ta^led - ern revised nlan-uhnitted. 111nnnint, Co--)i,:;inn wa-, i^`orrret tint ttir l.aurrr's 00 not concur with 'fr. Ti(We's promo -al a•. %vtte,l 1)v "'r. ►'_node's atttjrnry at t:w aectrt`ier 21). l M, x�ptin�. STAFF - Jant%M 13, 1977 No revised plmm suhnitted as Yet. .Jack Rhode - 1410 Bohns Point Road Variance Page 4 �xtremely long discussion foliowed regarding location of proposed dwelling. Not much progress in determining satisfactory location. Die three interested parties could not agree on location. Planning Comru�sion finally tabled the application and suggested Mr. Rhode submit another revised plan indicating dimensions from lakeshore in order to determine actual location and eliminate anv future controversy. Mr. Rhode reques(,--' teferring action =tit .Jame 6, 1977, as he was scheduled to he out of town at the tints .jt: our next scheduled meeting;. Notices of meeting would be sent to all interested parties. PI.�bVNING M. flISAWN MEETING - ,Tune 6, l ) I - "fabled - no new information fror, ar,nlirart STAFF - .July 20, 1977 I':nclosed is a copy of a revised proposal by Mr. Rhode. Ile has moved the proposed location of the house back 35 ft. from his original plan. The front edge is in line with the front edge of the Recker house. This west wall of the Recker house has no windows. I'm also enclosing a copy of a letter from kir. Decker to Planninv Commission member Gregg Hannah. Please N(TTF the notations i made in the margins. Neighbors are notified when items come ixp for action. We make copies of all envelopes after they are addressed and stamped whenever we send out notices (enclosed are copies of addressed envelopes when neighbors were notified). P1JNNINC, Ct"ISSI0N MEL-TING - .1ugust 1, 1977 Present were Jack Rhode, his huilder and architect, and the neighbor's k1r. fa %Irs. Becker. Mr. Rhode has officially withdrawn his guest `ruse application. Commission discussed the variances required and the different wave, of interpreting the "average distance" lakeshore setback requirement. Mr. Recker presented hie, arg-Lanents against the proposal. Reccmm►•nded anprnval of the revised proposal for the location of the house, the use of the existinr. 1>uilding for storage curly, and a non -impervious driveway. Motion - 4 ,Aves, 2 Nays, 1 Abstain. C►114Ct1. 417FItis; - August R, IT" The Becker's and attornev, the l.auer's, '1r. Rhode and his desictner, builder and attorney were all in attendance. Extremely long discussion followed. It appeared the Council was about to approve the substandard lot as a building site and the laxeshore setback as propose(] alien the subject of dock rights and lake access easements was brought tm. t:aincil then tabled the proposal subject to clarification of this issue. Coun-►1 dt re,,ted 4taff to research the easement status and whether sethack regulations relate to orivate easement lines or lot line- only. :U so requested copy of easement description to tleterm►ne whether the•-1,ement restricts vehicles. Council will address lIoO i—uu st next meetinp. Jack Rhode - 1110 Pohns Point Road Variance ` .3 Pa-e STAFF - August 17, 1977 Enclosed is a copy of the walkway easement for Hannah and Stewart properties. ()ur ordinance does not address itself to setbacks from easements. The dock issue was considered by the Planning Commission at a previous meeting and although no determination was made, it was suggested that approval might be given for one dick with three slips - including the two easement owners and the property owner himself. C'XNCIL NUTING • August 22, 1977 '!r. Rhode, his attorney, `Ir. & %Irs. Becker and attorney, and the Laurer's son were present. Lonf,. discussion followed. The Decker's maintained that the variance application made in 1974 was misrepresented because City records indicated the area of the subject lot to be .91 of an acre. The zoning administrator searched through the file, but could not find this. However, he uAd find the original application which noted the prope:-ty to be less than an acre and Mr. Schiller's report which stated that the lot contained about 24,000 sq. ft. !Vote: The morning of August 23, 1977, Mrs. Hecker met with me. I tried again to locate this data -- again without success. She later informed me that Steve Hanlin of the Assessor's office had once disclosed the tax records which indicate the parcel to he .91 of an acre. 1 checked the tax records and found same. I explained to her that often times the areas of parcels are miscalculated at the County Tax department through use of the nlanimeter. .After obtaining approval from 'Ir. Bonson, 'Irs. Becker nicked up copies of some of the documentation from the original application filed in 1974. Me Council, on City Attorney's recommendation, instructed the attomvs of both clients to suhmit their arguments in %Titing by August M, 1977, to give each a chance `or rebuttal by `'aeptemhcr 2. This would give Staff adequate time to prepare renorts for the Council meeting scheduled for September 12, 1977. STAFF - August 23, 1977 I've accumulated some material from files of properties with somewihat similar requests. I'm enclosing copies of Planning Commission and Council minutes and my report regarding these proposal s . STAFF - September 7, 1977 Council has recently recei%ed copies of memorandums frcr+ I,orens Drynestad and ,lames Swenson and .Iernric Rice, attorneys for ,Tack Rhode and the Be6.er's respectively. I've done orie further review of the history of the suhiect Parcel an.! am enclusins, conies of the following data: 1. Lx! Chit A - Orip,inO Sthdivision 2. b chit R - H ui lding nermit isstK-1 to lied Ravers and John Bahl l ickson nn June 26, 19hIR, for new h(wv at 312S `dorth Shore !)rive. This ig the current Necker resitit-nce. Jack Rhode - 1410 Rohns Point Road Variance M Page 6 3. Exhibit C - Survey indicating proposed lagoon setback as approximately 58 ft. 4. Fahibit 1) - Council minutes of August 13, 1973, granting approval of house location for Duane 11off at 3135 North Shore Drive, lot immediately east of Necker property. (dote on Exhibit E & F, lagoon setback is 60 ft.) S. Exhibit E - Building permit for lloff at 3135 North Shore Drive (lagoon setback 60 ft.). 6. Exhibit F - Only site sketch on file for house at 3135 North Shore Drive. Note - not a certified survey and does not indicate proposed location 7. Exhibit G - 1960 aerial of area. (Vote - no docks an subject lot). S. Exhibit 1i - 1975 aerial of area. (:dote - no docks on subject lot) . 9. Exhibit i - Tax record for subject lot (Rhode's property). 'Dote - June 30, 1969, property was assessed for residence. Evidently, platted as residential site and not as an o t1of. COUNCIL MELTING - September 12, 1977 Tabled for 30 days by request of applicant's and objector's attorneys and City Staff and Attorney for time to review briefs. 0 COMIL MEETING - October 11, 10,77 Mr. Rice, attorney for Mr. Becker, requested continuance. Mr. Swenson, attorney for Mr. Rhode, agreed to make last input this meeting. Council will review tonight and lay over discussion and vote among Council only until next meeting of October 24, 1977. Staff to present staff views and reviews for Council. COUNCIL METING - October 24, 1977 Council approved variance for new houses on several actions: (1) Determined lot was serviced and assessed for sewer, was of sufficient area, had previously been occupied with a house and therefore is buildable for a new residence. (2) Determined that the existing carriage fuse exceeds the allowable area for accessory buildings, adds to the hardcover of the lot, does not meet the front setback and therefore must be removed prior to any new construction on the lot. (3) Determined the location of the new house shall '.)e as shown on attached Exhibit A; minimum side yard setback, 10 ft.; centroid of the area of the house to he on the sight line setback line A -A; maximum lakeward projection to be no farther than line R-B. (4) Determined that the Council would upon application issue a license for a joint use dock for 3 slips to be assigned by name to Rhode, Hannah and Stewart, and to be renewable each year. Council directed staff (B12fl to prepare a revised resolution incorporating the above decisions for final adoption at the next meeting. Jk Rhode - 1410 Rol�,s r� .�t "oad Variance Page 7 STAFF - :November 4, 1977 Received letter from attorney Rice. STAFF - November 9, 1977 a_. Prepared revised Exhibit A for inclusion with resolution based oTi a blue line print submitted by Mr. Rhode July 11, 1977 and discussed by Planning Comiission and Council at subsequent meetings. The !-iarlsings on this print are identical to t;le drawing made at the nctober 24, 1977 Council meeting. Frovision is made for signa- tures of Mr. Miode and the City. Exhibit A sets forth the parameters within iiiich a no.; residence may be constricted according to the variances authorized by resolution. The centroid of the square footage of the Rhode home can be no closer to the lake than line A -A, the sight line drawn between the corners closest to the lake of the adjacent Becl:er and Lauer hones. The closest projection of the Rhode house or deck to the lake may not extend 'beyond line C-C, the average line betwren line A -A (above) and line P.-B, tl,e co-Mn 7S foot lakeshore setback line. REGULAR fiE£T1NG or T._.. ORONO COUNCIL, OCTOBnR 2,, 1977 Page 11 Mr. Cargill co nted that he is not in favo DOCK PROPOSAL disturbing the pre. nt natural marshla o create 500 North Arm Drive duck ponds. (Continued) Paurus moved, Butler sect , to instruct staff to request the Depar o atural Resources to respond to the by Novembe , 1977, to review the enviro tal impact of dredg duck ponds, and inst ed staff to redraft the reso tion. Notion, Avtrs- (4) - Nays (0). flavor Van Nest reviewed previous Council action VARIANCE concerning Mr. Jack Rhode's application for a 1410 Bohn's Point Road variance to the lot area and width for his proposed #210 residence at 1410 Bohn's Point Road. The flavor Jack Rhode reviewed the exhibits that have been presented I which are: ` 1. Exhibit A - Original subdivision 2. Exhibit B - Building permit issued to Fred Rogers and John Gullickson on June 26, 1968, for new home at 3125 North Shore Drive. This is the current Becker residence. 3. Exhibit C - Survey indicating proposed lagoon setback as approximately 58 ft. 4. Exhibit D - Council minutes of August 13, 1973, granting approval of house location for Duane Hoff at 3135 North Shore Drive, lot immediately east of Becker property. (Note on Exhibits E 6 F, lagoon setback is 60') 5. Exhibit E - Building permit for Hoff at 3135 North Shore Drive (lagoon setback 60') 6. Exhibit F - Only site sketch on file for house at 3135 North Shore Drive. Note - not a certi..ied survey and does not indicate proposed location. 7. Exhibit G - 1960 aerial of area. (Note - no docks on subject lot). 8. Exhibit H - 1975 aerial of area. (Note - no docks on subject lot). 9. Exhibit I - Tax record for subject lot (Rhode's property). Note - June 30, 1969, property was assessed for residence. Evidently, platted as residential site and not a- 3n outlot. Findings of fact have been pr. ed which are documented and are part of the record. The Citv Council should address themselves to: 1. Is this a buildable lot? 2. If buildable, should existing barn be allowed to remain? 3. Review all setback requirements 4. Should multi -use dock be allowed? 5. Final resolution should be drafted for Council review at their next meeting. (Continued) REf,ULAR MEETING OF A'Fii. RONO COUNCIL, OCTOBER 24, .977 Page 12 Butler moved, Mayor Van Nest seconded, that the lot VARIANCE located at 1410 Bohn's Point Road is buildable 1410 Bohn's Point Road for the following reasons: (Continued), 1. Is a lot of record existing upon January 1, 1975 under single separate ownership. 2. The lot is presently serviced by public sanitary sewer system. 3. Lot is .isolated from other undeveloped land which results in no additional land available to enhance lot size. 4. All facts have been previously documented. Motion, Ayes (4) - Nays (0). Butler moved, Massengale seconded, that the carriage house (sometimes referred to as barn) be renoved prior to construction of home_ for the following reasons: 1. Hardcover would be exceeded if building were allowed to remain. 2. Does not qualify as an accessory structure because of size. 3. Lot size would be further adversely effected if allowed to remain. Motion, Ayes (4) - Nays (0). Mayor Van Nest commented that in addressing ourselves co all setback requirements it appears that the proposed location of the single family dwelling nets the front; side, , i rear yard requirements. Orono's 75' lakeshore setback appears to be met by the applicant. We should address ourselves to the average setback requirement in relationship to existing residences. We have to address ourselves to the proposal as it is before us this evening. The location of the proposed home midway between two lines seems to be reasonable. We have our 75' lakeshore setback line and our average setback line. An average of these lines could be established allowing no variances. Council -member Massengale: How about considering equal distance from existing structures? After considerable discussion in reviewing sight lines, shorelines, 75' lakeshore setback, and possible centroid lines, Paurus moved, Hassenc;ale seconded, to adopt Exhibit A to be included in the official minutes as a recommended location for Mr. .Tack Rhode's proposed residence using a centroid line to determine the location of the proposed residence. tlotion, Ayes (4) - flays (0). Exhibit A - Page 13 (Continued) REGULAR ?MEETING Or Tlh. -)RONO COUNCIL, OCTOBER 24. 1977 Page 13 tea/ /0'14.7 7 rO to p -� ��G Lo cl. � �o�► P�D101/�L� ` /o � t• etr'Loc••j�c`'s7 I . �'\ � E �f r Axe -A n � i Ott -a REGULAR f'IEETING OF THL JRONO COUNCIL, OCTOBER 2%, 1977 Page 14 Mayor Van Nest reviewed the granting of dock rights commenting that harbor limits would control building of docks to satisfy all parties involved. Multi- use would allow three boats, one each for Mr. Hannah, Mr. Rhode and fir. Stewart. State law would prevail which governs harbor limits and define docks as an accessory structure. Orono is not condoning existing easement or granting vested rights to anyone. We should only consider granting of an annual multi -dock license. Paurus moved, Butler seconded, to instruct staff to review all previous motions and comments to be included in a final resolution for Council review Noveriber 14, 1977. ?lotion, Ayes (4) - Nays (0) . VARIANCE 1410 Bohn's Point Roa• (Continued) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF-ORONO ) I, Alberta M. Strom, Deputy Clerk of the City of Orono, Minnesota, do hereby certify that the foregoing excerpts of the Minutes of the Regular fleeting of October 24 , 19 77 of the City Council of the City of Orono have been compared with the original record, and the same is a true and correct copy of said original record and was duly adopted by said City Council at said fleeting. In Witness Whereof I have hereunto set my hand and seal this 15 day of February , 19 78 . Alberta H. Strom Deputy Clerk (SEAL) • �• ` ` ♦•LVl R .. •...11�IY.ti� � f HIKE i . • 1 t 2— 1 i • r �, LIr.M C1r1' rr'" r. I{si �•� � � ^ -� .,s'j,F'�,�_�tZ CIS 1 `� • /mil [n [..r Tiir: rr � Jw[ bG 7fr7 1!r5/rc [r'/ n ,.•,rl�ffYr i .... ` SPea,. Y 6„tlar/v0 7a 27•': NICK%&LIAGS FWA%O% SNRi1K.i �If�L Lr .:'r ..' ,% I J[ ' .•[.r. 4'Z7•7 f rt d•M U C r'Kt- �wD L �:!�ILCLI� .. • PRAIUAGE Ply JACK V30or DROk;O Sf yiolt rr7 7� ' /G TO: Council FROM: Alan P. Olson, Village Planner / DATE: June 20, 1979 SUBJECT: Rhode/Hannah/Stewart Easement Matter From the Zoning -Planning perspective, I have the following comments to make: 1. If the City is expected to recognize some form of walkway/lake access easement, the interested parties should be prepared to first reach an agreement among themselves as to the details of the easement. The last comments/letters by Swenson and Mitchell indicate possible conflict over width, certain responsibilities and transferability. The City should not be expected to be arbitrator. 2. If an easement agreement is reached by the parties, and the Council finds the agreement acceptable, then a new resolution is in order to amend Resolution No. 851, to set out the conditions of any Council agreement and to extend the Rhode variance. This would clarify details of house location, dockage, variance expiration, etc. Bruce Malkerson should comment on the legal ramification of the various resolution proposals offered to date. 3. If joint dockage is accepted, I recommend that an annual joint use dock license be required as part of the Resolution, that the license be required for the duration of the easement agreement and that the license include dock location, watercraft limits, storage provisions, etc. identical to the easement. All parties to the easement should be parties to each annual license, either individually or through a joint association. 4. Actual construction of the Rhode residence should be addressed in the new Resolution to clarify location, setbacks, variance approval, and expiration, etc. BecauFe of the many lines drawn and several site drawings on file, I Suggest that a requirement for the permit be submittal of one complete certificate of survey which would show the following: A. Rhode lot boundaries, bearings, etc. including the 929.4 MSL shoreline and the location of the walkway and driveway easements. June 20, 1979 Rhode/Hannah/Stewart Easement Matter Page 2 B. The location of the existing carriage house, fences, driveway and any other encroachments. C. The location of the Becker and Lauer houses. D. The 75' lakeshore setback line. E. The agreed upon house setback line (D-C or D-D). F. The required 10' side yard and 35' front yat_ setback lines. G. The proposed house location including building outline, driveway, decks and any other hardcover proposed. H. A calculation by the surveyor of the lot area and the actual hardcover proposed. pecker No�s� rRAodc. • 1 Mini 6� �e•�oir•.,►irc Re.,olvt1 cn N o.151 seA br,-k ling Lauer House XtN1L��l i_ TSIi IlDUffM j hWs sad •§Mr d into this day of Septembeti 19740 by and b*Wosa Robftt J. Cutsha,ll and Joan g. Cutehallg husband and Wife as Joiat tenants, grantors, mad Gregg S. lRannah and Kargaret B. hiaaaabs husband and wife as joint tenants, grantees$ WITNESSED, That whereas said grantors are the owners of the tract of has,.! is the County of Neunspin. State of Minnesota, win: That part of Government Lot 1, Section 9, Township 1179 Range 23, Hennepin County, Kisnxsota, described as follow: Cosswucing at a point in the Vest line of said Gwernatnt Lot 1. distance 1160.8 feet Northerly measured along said West line, from the Southwest corner of said Section 9; thence bast parallel with the South line of said Section 9 a distance of 442.93 feet, to the actual pint of begirmiag; thence North parallel with the West line of MLA Section 9 a distance of 4.5 feet; thence Last parallel with the South line of said Section 9. a distance of 173.57 feet; thence Vortheasterli deflecting to the left at an angle of 6026' a distance of 40.55 feet; thence Southeasterly deflecting to the right at an angle of 11055' a distance of 93 feeL. more or less to a point 750.35 feet East from said point of conesence"ut on the Vest line of said Go•ernment Lot 1; thence West along a line parallel with the South line of said S*ctiam 9, a distance of 305.42 feet to the actual point of beginning; together with that part of the Borth 102.5 feet of the South 1160.8 feet of said Gavernwot Lot 1, lying East of the West 442.93 feet thereof; toge,-.her with an easewent for ingress and egress over the A.L. rth 25 feet of the South 1160.8 feet of the West 442.13 feet of said Guvernrj#nt Lot 1 and over the strip 4.5 feet wide 42.93 feet long, lying North of the East 42.93 fet. of said West442.93 feet and extery ng tamedlately West from the tract first above deac,- -d, according to the ilnitt - States Gowernment survey thereof . and ssiJ grantees are the owners of the tract of land in the County of Hennepin, Mate of Kinnesote, via: rrsct 1, Registered Land Survey No. . 69, !'ilea r, tt►e <eglstrar of Titles. Und, trw, whereas said grantors and grantees hAVV ,Greed -jpotn the c .%t. rent here-" -after described: 1"hf'k; PC)Ri, The astd gran ucs in car ,ideration of ,,)ne U l jar and other valuable considers riot's tO , em in hanrd paid n,. sa:u i,ra,tlterr, receipt. u: which is hereby a+ck ..o ledged, hereby gt.,t,t, !drga.in, .+nd gut claim Li) said griwnLees, their heir• and assigr:s, s twll- wl iusive easemtnt for welkway and lake access the ri�,`•t t 'J ..ld mad maintain a dock, in, er, and upon, that part of said laud -)f said grantora described as f 11ow+s, to-wvit: •' ' '. ; IN t9hin11; i :�F ;,i'v 6nd• of 8reotor` t yt'• descciQed'ebbv�'' . •`••'t�nt- t a point tol jf'A 'r .�► ; the Fofth 'line of osth1160.8 feet 'of said Governsed Lot 1,.a1 isurid along the Uest �;� � ;,V� line thereof, distent qTS0.3S lest bast of the l:�r�►�;' Vogt line of 'aid. 440berwast 'Lot 1. as wo"urod sl�ng said North Una theoce test along sold Mirth line a dist++neil ,Ot 5.0 feet to the point •--'� of beginning; thence'gouthwasCerly deflecting to the left SO degrees,a distance of SS feet; thence Southeasterlj'deflecting to the left 90 degrees a distance of 1.t, feet sore or less to the Northwesterly chose lino of Lake Minnetonka; thence Northeasterly along sold shore line cv said North line of Soutb•1160.8 feet; thence Vest along .'ssid North line to the point of beginning. T.) HAV`: AND TO HOLD SAID EAStM--'NT unto said ira3Lee@. :heir 1-irirs And ascigns,as appurtenant to their said lend. IN WITNESS Ultz'AdOF, said grantors have hereunto set their hands and seals the day and year first above wrltten. ___ i+obert J . Cut sna 11 Jean D. Clitshall 5•rATr, OF M1NNc SOT^ ) ) ss. F,OUN rN OF HENN. Pih ) E: hl c _ _ day of Septeaber, 1974 before me pei •oral ly oppearea i' Sher! 1.ULSheall and Jean E. :-utcha.l, nu•band and wife a► i cf nt ; ':.d',r ,, me known to be the grantutt described in and vhc, _,.Zs. :h„ -,:;.�in�+ instrument, and ackncNl, 6gea rnar. Cie-, eye _; C I.. - .. i+ 'heir flee &Lt ar.' dted. Motor,- Piblic .t t 1'. &'tee BV i:lel•a ., wr t .� � . ' '" '1 I a'_ THIS -IMERrmo Hide and entered into this day of September, 1974, by and between Fred V. Rogers, Jr. and Andrea M Rogers, husband and wife as joint tenants, grantors; and Grego B. Rannah and Margaret B. Hannan, husband and wife as joint tenants, grantees, WITNESSrM. That whereas said grantors are the owners of the tract of land in the C -unty of Hennepini, State of Minnesota, viz: Tract B. Registered Land Survey No. 1113, Files of the Registrar of Titles, and said grantees are the owners of the tract of land in the County of Hennepin, State of Minnesota, viz: Tract 1, legistered Land Survey No. 26b-, Files of the Registrar of Titles. %.nd, that whercas said grantors and grantees have agreed upon the easewent hereinafter described: Nip-, T4_7k� OR,:, The said grantors in c,-insideration )t hoe Oullxr Nnd ither valuable (onsiderati, ns t:) them in hand pals by said grantee,, receipt of Which is herehv acknowledged, do hereby grant, bargain, and quit claiz to said grantees, their heirs and absigns, a non-exclusive easeawnt for walkway purposes i.si, over, and upon, that part of said ]an.' of said granters de- scribed as foll.R.•s, to -wit: �ht west 37 feet of the souO, 10 feet e)f Tract e, Registered Land Survey No. 1113, riles -if the Registrar of Titles. T:., ii \'_ :.X, TU HOLD SAID S.'.S'F FNT jntc) said Rrnntees, che.r heir.,. and ai,;igns, as appurtenant t. r hwi r paid and. Its ' ITW.'ss VUR.F.nF, said grantors have heTrunco stet their rands and seals the day and year first 9bove writte- -- - Fred V. c.Jgerc, 1.• -------,ndrNa N. ki gets -- ---- -• uey of �eptemner, 11474, I,,of.,-e me- r i CjCa\2-\ s�U �e G��pr f1 AL ` � � - ,) � I (' � �•� .- moo\ �yo�/• .� I- •.-- —��.. +.:... .... ... � + .. • � ' •.. 4�: •-- - •y.ror_�._ -- - _ _ +•„ - mks' 1 1 C - i r►A ewaff i •.t ait• Is • are• ae! marroo' .m.etrt•tlem of a ow..? of the bowolaAw •It po at • r•rlt to tee eeft llAe of •� < arwrswt r.t 1!n•, �r.rt aM Groper. flawsN 1w.►W as fellewr •m1aI1&&% iew• tow %r0or4f oaa•y-wd •lover 4494 imthatat �/ aI .JI wlfw 91 thaws {set etallel stub the lei tun of .elf ]w•t&On • • at.ap• or "Jt 1 teat, M tee aatmal fetal Of Wa/tataal thaws a.rtw porallal wlY Wa r•K it of YIQ vex flaw • • lSetawr• of 6.5 fwett .i.re taoa porauel vita tr AvWA llr •f so" lwrtiw �, • 4wtrre of 1'•�.11 feet; Jbw•a Aw.ew. woorq Orleatiae to tea heft of ao waL of M21' a Nearer or oo 9, foeti !lteaao l971.17 r� v aerla•ttae to the rlpt at as .,y,a of IIaH• is n.Nww, of n foal. mom or law, to a roUa '5001 to" aaat t►mw wN ralwa of Immoaawwwaa as w ttaat Use of laid umm"m omt Wt It ofteme feet ell" a Um rrmllei with the 'aota Use of eW +metlaa a. a atataooe of MA2 rivet to tie aotwal phut of toalnlael tefwtAor with tAal port of tM arry 1r0,1 fowl of Ma dwmY IIY.f to" of aW fwmrtnooi 1aa A. ►r eel Shot of Yo .oft 6U.A tow Warmer, TMetitr'AY r oaawrM ter Irgrmae ar enema ever tb `r„ rfft of an Laub IMIL8 rrd of sae r.a aaa_w r - I.• 7}{ w: �" t'rR._ ♦ .!t pj�!y'• 7CfSRf-� �'1 !' .. �. ,.. _ .•._ -J� � Y. ,'. r`/r, �i1r :�•• +, � •M/.�'. ��, �, I!!''fi�V3,�,_•�.I�F.i''�'�wy«.I :::'.•~`/•�yy�' •:rt«�'•„R�'y!«•: .�y�•• ^•� ` •� ••'>' • arj � �.,. •� t.. - - • i.�y�,'�}-..,�ti. • •mac .' r•.�,. �u� ye �' ��'� ,-a ..•; v�'y �r''�,v :. i ✓;.",4.-,ay,r•. 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J .�' 1T ...•r*A.,� {.p�,'��r.J R ?i°' +� l..-f'-+{ •'K.VT •'•i'.J1'-rd�",r�� i 1 '� � � 'j i '•� r � siT S•��F, f�.'�:•i•�T ��."• %`� h * �}Z• �.�-.r'Y, M. X dw/ �. • ' � � �t .p+ ��r.:wFy,��f�*+�r•M.}�'��.A'�s4,�l��'� 5}��1 t�f ': 1tdiF..•,,`L•'lf \, �7 � 4 J '^ - ' ' ~ •„ . r • • HP e•'L,, .l'/N r ? j�{(+yr �� t-•.;'t '! / �,.�+ 'i. V � r • .r •�•.r, - '•. ttii• `,��Ti. �l-«t. 1: �i„�j` ,4��.1�gA.i •� r i� s , try ,..1'":^� �: otJv rN {F��I/ 1`, r • ; w%� t �' Jlt �+' , r ,fir.. •�� .,�, Ivlrti _ •\ '�. ..Tt, a JJ �. , • .y1 •'M` • y : �• %• I + 06 taj -t• 'rt �.• t' ,b "1'•� "� • t �J r Ml .• `(71� -a,•_IL Y �i.��.y ,: '• '�♦ i a.1 � �' •:. �� s+:. � . c \ .►1 . ,.'r ?- �►� � . �• Qp'" vQ' .v'•' , '�� 1-fery AA' /ore 2►,O 77-469 SOIL BORING Proposed Ilou,;(. flext to 314S North Shore Itri �c Orono, Miltncsota MR. .JAY Bi:C FI.k April 24, 1!)78 BRAull ENGINEERING TESTING An E"pansion o/ Soil F.ngincrring Srrri(•rs• Inc. BRAH11 - --- ENGINEERING TESTING --- --- U MINN[APOLIS ST PAUL 6880 S Coulty Rd 18. PO Bo• 35108. MpIs Mn 55435 ' 612941 S600 n NORTHERN MINNESOTA 3219 E. 19tA Avenue, Hibbmq, MN 55746 218 263 8869 U CENTRAL MINNESOTA 10o Owo Avenue No. St. Ctoud, Mn 56301 ! 612 2S3 9940 April 24, 1978 Mr. ,lay Becker 314S North Shore Drive Orono, Minnesota S5323 I;c : 409 ;A 11, Bull [ `A; Proposed House next to 3145 North Share Drive Mr. Bccker: As you rcdue:;ted we 11;11.10 comple:t(ld ;I �,oi 1 boring on the vacant lot adjacent to your property. the {)1lrposr` of the boring was determine tic subsoil ;Ind groundwater ,onditions witch repards to foundation support of :I proposod h(,11sc• and to de.tormine whkh, 11' either, of t1:t) I)ct.;rihlc beat ions better for cunstruction . 11110 to the wet, soft ;III-ra,:0 cundi iow: —I(' location was a:ces:;ihlc to the trut-1 M0t'!Itt:l t!ril! rit!. ht` boring was completed near the carria,;e 110LISC :1; '<1101.11 ()It th„ attached sketch. Surface elevat iuus (,:cre re ferc:l.. t! t t a hench mark eles•at Lori of 100. t1 feet on th:` top of th.` ,tnl;nlc' located near your southwest pruperly �lrner. The boring wa,, completed on April ' 1 , 1978, with a truck - mounted core aucl augc r dr i 1 1 in at: t_ordance ►, i t h \ti"1'i 111S't11 "Penetratiun 'Pest and Split Barrel ",aml)1 ing of Soils". Using this method, the bure hole i`; advimccd with the hollow - stem auger to the desired test dvptlt. Ilion :I I In hnund hammer falling 30 im-hes drives a standard '- 1I1,:h t11► split barrel s;lr;pler a tutal penetration cl V. t1 rt he]O:: thr t ill Of tile 110110l: ;;te'lt1 ,lUgCr. 1110 !,)1. the 1.1�-:t loot vI penetration arc recorded an.' arc an indox t11 -oi I ;t I-(`n1,th cIiaractrlisti,:s. Soil Sal;lpI c, we re I:I1.e•n at ?1.-fo t inct•,'rrrtt� to the I rout depth and ;1t S 1*00t il:e•re111CI) to the ,0-foc,I termin;lt ioil dci)th in the 1()r r.g. .'Ltt I '.U!1 A%; MA tt nlAll. 77-W) Mr. .lay Becker 1nr i 1 '•1, 19"7,4 Besides the soil burings, several hand ,..,f;ar f,robe� were made to a depth of 3 to 4 feet. Ilrc• probes were Illadc. with the 11i-inch diameter auger. 1►ue to .::c,nl,le rnixin►;, ',Oil strata and classifications are somewhat approximate. Mineral soils encountered in the I,orinfts ►:erc► i�lr:r1l� ;rnd manually classified in the field b� the crew chief in•:rccor- dance with ASTM ll.:487 "Unified ';oil,; t kr—,sificatinn and ASTNI U?488 "Itcconunc-nded Tracti(•_• I* or l isII:II and M:rIIII,II Description of :foils". A pop;• of A-)],11 Ir.:•1S^ is at tachc•d. All samples were then returned to the 1 -borcltory for verifi- cation of the field classifications by a '-*,oils 17111;..,jeer. All samples will remain in this office for a period of t,tt days to be available for your examination. Immediately after taking the final Sctr1111C ill tllc• bOttc,rn of the boring, the boring was probed with t!rc• he flow- :terr auger in the ground to check fltr I;rutill tlA ltrr. In addit fur►, immediately after removal of the auf;er, thein;; t�cls probed and the depth to cave-in and tlic• I,resrn� c or absence of water was noted. 'file boring was tiwn im►ncdiatcly I�.►c k f- i 11.1 a ,.l . RESULTS The boring; encoujitered ", fCet 1,f tI)h . i 1 ind sand n►•(•rlviII sand)• clay gIacial till to a depth of Ic--t lrnclerl;rin 1j%• layers of s i l ty sand, c l aycy Si l t and sand". s i l t. 1t It depth of 18 feet the boring encountered :t coavr4c•r ;ilt►• kind. Tile sandy cla}' glacial till was ker►• St i I'f ;Ind the• underlyi►tg layers of si 1 t>' sand and re rrt,clium dense or rather stiff. Groundwater was measured in the bore I!olr It 2.8 '.'c•et below the surface (elevation 94. 1) 15 minute:: after ,ovipietion. This is slightly higher than the current lake level. wateI- was encountered about o inches below the-llrface in tile• hand auger probes. This would ;ugj)c,,;t tivit water rr:I, he "pc-rc•lle•d" in this area. 1:111ctuat ions in f;rnlrndt ;ltc r le►•cl v occur with annual and seasonal variation•;. I'Ite results of, the hand ;cr-,• .l• fol imw. IiA-I I1-1' iIt••• `,:mdv c•I:I\ to irtt• l)n•,c•\ Ind, I�iat 1., ,..It�•r-bc;lrirfit r lur•;M' I I 1`IOV41;, ,..ltt'I!,c•:II Int;. BM1111 ENGINEERING TESTING %i-4o9 Mr. Jay Pecker -3- Apri I .:4, I9"'R IIA-1 0-11' Silty (Arley 'wand, black, watcrbearing (Topsoil) SIIty S,111d, f 111e tQ tile dllint ' grained, brown. 1-2' Sandy Clay, black, non to sl iglitiv organic, wet. - 3' Sand%. C 1.1 11A-3 0- 1' Silty Clayv.- ';arld, h1 -Ick, wet. (•1•opsu i I ) 1-3' Sand, slightly silty, find to medium -grained, brown, 1,atc•r- heari11g. 3 .i'_' Sand\- C 1:1v it) l:l:,ycy tialld, gray, wet. 11A-4 0-1' Silty• t:I ycy Sena, black, wet. (`r„psoi 1 l 1-3' `,311d, fine to 111ediU111 +,rained, brown, watencc;lring. ANALYSIS ft RECOMMENI)AT IONS •rhe soil boring and haled auger prober would indicate that foundation support is feasihIc in the area of the r ,� i st ing carriage house. At boring ST-1 lout icon, :in exca Vat icin of 21, to 3 feet !about clevat ion 94 ) would b,- necessary to remove existing, topsoil. The hand '111ger probes would suggest a l to 31, foot excavat ion would be necessary. The excavat ion should be oversized a IllilliMU111 of 5 f(-et on all ::ides of the: house. Granular fill should then he placed and compacted to a minimum of !Ill% of the modified Proctor dell,;ity 111) to the desired grade. We anticipate that th(', basement )trade would be placed at about elevation 98 in order to keep it :Ihnvc groundwater level and the exterior gi-.ide would 1•roh:Ihly be raised to about elevation 102. Two borings, cwgdc�ted t,y nthers, t,, the, I:;1e r-1 countered very similar soil conditiolls. from two borings it a),1:e.1r5 that about a to 3 foot (clevat ion o 94) excavat ion would a1 :u be necessa► to remove the exist inn HKAUH ENGINEERING TESTING 77-4o.) Mr. .Jay Becker 1 Apri I I, 1971% topsoils. Again, granular till c,ml,! Ic p1:Iced and cori- ,,acted up to the desired f;►:,d Ihus;, fron, a f')un(l:ltioll soils aspect, a house could be construrtud at either location with essentially the same prepa1'3tc)r. 1tll-F fleceti:lrN•. Since the grade Cluser to the lakC i I to ' fc(•r lewc�r 1`1131 the grade by the carriage house, sI i . it I y more. fi I I may be necessary. Mso it appears that 11, ;tirface drainage of the lot to the north is thr••;I1111 this 1(lw arva. I1, house construction is to take pla,c c!I.I to the 1aE, , special Care must be taken to provid I•�r ,Ilrracf.• drainage of the property io the ni,I t II. IIoIgc ter, if the grade is raised by the carrial;e h. ;I . ;pccial c:Ire should also be taken to aCCOLInt for surf:I,.— druiii-ipe 1roin the wcgt. Thus, at eitl-.;r• proposed housc 1, .:,tioii :Idvyintc surface drainage should be incorpor.!ted into the I)c ;i►:I.. It wrulA appear from our cursor~ look at th , pr•.:it,lr drainai,.e p:'n1�Ien►�, that construction towards the C;t r:•0:17' lilt' house: I would provide for an ea:;ier drain, iv. �,Iut ion. GENERAL RLMARKS The analysis and recuumendat ions in this r,pnrt are based upon the data obtained frOw thy• one soil horijiv and four hand auger probes perrortle,l at the locat ions int'icated on the attached sketch. \':Iriat ions, may order between these boring`;, the r,atur•.� and extent of%-h i-' h should be determined by ins;Pv, t it,)u h :I �:oi l • 1 n!�illrrr at 'he time of construction. Shou.d you have any question, rcv,.-irdin)t th.., • It.I )r i! 1.c• may lsrovide additional :;ervicc,-- fol. 1uI,, pit'.I:,. lcf-! frk— to contact us at your convenience. Vert' tr'II`,"lIf, 5, I, 1'U I t• �. t r i Ilit'1t't;K: I r.— _ _. BRAUit, ENGINEERING TESTING. I tj 7L- IIL� I Ia k 1 9'. "o I AT,4 A C'QjA DR/YE WA K t'A N t A J I mq.,A,l ) l,' /'j ', / f'OA //V'(, vi Br�un E . NGINEERING TESTING State LOG OF BORING URAUU 1 ENGINEERING TESTING PROJECT: 17-469 Proposed House Next to 3145 N,lrth Shure DI i Orono, Minnesota B_QR1NG,';i-1 LOCA T I C N: Set, At Lathe 4etch. r)ATE. SCALE: LE: ASTM Tests or Notes Elev. Depth D2487 Description of tlbteriols Svmbo I (ASTM 1) 8 CLAYLY SA:"O, 1) 1 SM- Su .'Wl it layer of SAND. SANDY CLAY, with a trace of t;ravv] light. gray to guayish bi-own, wet to MoISL, rather soft to vet"v stiff. 17 . O T . e h I . ') 1 9 8.4 Q lu 78.9 18 SX t�l re i-vicrunced to a tompoi-ary henLil mirk clevatioll of 100.0, on the top (if the mati- hote near tit(, southwest property cot of 314 :.orth Shore viivv. SILTY SAND, 'medium -grained, wiLiTi"71-- Lrace of Gravel, with a -s.-.un of 3 fine-grained S1IJY 'SAND, 11}-.ht gnivish brown, w.iterbc,irinl,., urn delis... (()it Lw I il) CLAYLY tcitscs of ,.I.Vj ind 1;\ND, brown and y,ray , we t , i it hi-r st. i IF I (Al Itiviur-) SMVY SILT to very I 1ti,;,,t -i I uctl SILTY SA.T), bro-wiii-Ai Medium dt-wiv. (AI I uv i L1110 SIIA'Y SAND, f !ne t 1 coats,-,,,tAn Z., With a "wan of t i1w-v,1,1i11k,1 !;HAY , V:D, bt-own, waterlwarinj-,, !�t,Ailtm uvww. 1QL1Lw;1.,llj_ ___ . __.. --- ,,'.itt:r IvvvI down to, with 1.11 -1 hohww-sti-m am,,,er in vttolmd. Itk1l, lovol 11"wit ).j, el t v r w i i awa I of virvt ,0I 1..,Vt,l dowli 2.8, 1 t L! r c, wip I c t I )n -; " I- i , I l', i ntiled i - I t - I � 1,at}-f ill-.. DESCRIPTIVE TERMINOLOGY PARTICLE SIZE IDENTIFICATION bu-"!ers over 3" Gravel Coat" I- 3- Modrum 112'' 1- Fine No. 4 1/2- Send Cosine No 4 - No 10 Medium No. 10 - No 40 Fine No 40 -- No. 100 Very Fine No 100 - No. 200 Silt No 200 - 005 mm any less than .005 min RELATIVE DENSITY OF COHESIONLESS SOIL.; very loose 0 4 BPF loose 5 10 BPF modum dense 11 30 BPF dense 31 50 BPF very dense 504 BPI, RELATIVE PROPORTIONS OF GRAVEL SOIL INTRUSIONS THICKNESS lento 0 1 /8" seem 1 /B' 1 " lever 1" - 12'' varvod alternating seams or lenses of clays and silts in lake deposit MOISTURE CONTENT Dry Moist Wet Waterbearing CONSISTENCY OF COHESIVE SOILS less then 5% under optimum moisture over optimum moisture saturated sand very soft 0 1 BPF soft 2 3 HPF rather soft 4 5 BPI medium 6 - 8 BPF rather stiff 9 - 17 BPF stiff 13 - 16 BPF very stiff 11 - 30 HPF hard 30-0 BPF RELATIVE PROPORTIONS with a tow () - In % w th some 1 1 20'% with over 20% ORGANIC CONTENT 0 5% non to inghr,y o,gdn„ 6 10% slightly organ., 11 25% a, grin c 26 65 mink 65f peat PLASTICITY OF SOILS WITH LESS THAN 20% CLAY non plastic gritty, cannot thread %lightly plastic rough to %month hard to thread pier r smooth to wally. easy to thread LABORATORY TESTS a tract 0 5% DO Dry Density, pcf Organic Content. 94 a little 6 - 15% WD Wet Density. pcf ti Percent of Saturation. % soma 16 30% MC Natural Moisture Consent. '16 Specific Gravity and 31 - 50% LL Liquid L,m�t, % [ Cohesion PL Phut L.m.t, % 0 Angle of I e,nal Fiction PI Plesticity Index. % qu Unconf-, Comperssive Srrrngth DRILLING NOTES: Standard Pe,retretion test b,—oq% ,weir advanced by 2%" or Vio' I D hollow it,-,Ti 4�,,p is uo-P" r-oted tithi•, verse Jetting water bees used to clean cult auger prior to sampling only where indicated on logs Standard Isrnrtration test borings are cleslgnaled by the proton -ST- (Split Tube) Power sugar bormge ware advanced by a., or 6" diameter, continuous f6te. so;id stem augers So.l closvhcat,on r-d stista depths are inferred from disturbed samples sugared to the surfapo and are therefore somewhat approximate Pnwr, auger bo—gt .3re desrgnsted by the prefty "B" Hand p•obingt were advenceo manually with a 1'lo' diameter probe and ere limited to the depth from which the probe can be manually w,thdrawn Hand probrngs are indicated by the pref'N -H" CLASSIFICATION: Cla• sdicistion no togs is ",&Je by inspection on occorda,ice with the Unified Soils Classilic•anon System Isee attached chart) using visual manual procedures uMrss noted otherwise GROUND WATER Otxrrvations were madr at the times indicated Porosity of still %trots seasonal weather conditions %•te ropogrill etc trolly caUsr changes in the water levels indicated on the logs SAMPLING: An temples a,a taken w,ih the Ttandn,d 2 r) D split tube templef except wherF noted TW indicates thin vvn11 undVturbod temple SPFNumber% indicate hrowr. leer foot recorded in standard penetration lest, also known a% N vai a The sampler s set 6' into undisl.iibed %rri below the hollow stem outer Driving resistan sis are fhvn )unt►d if,, second rid third 6` mcremenis and si to get HPF Where they differ significantly, they are reported in the fnitr r.ng Im," 2f12 'of the second and third 6' increments respectively WH WH •odirates the, temple, ponefre+ed soil unryr we•ght of hammer and rods along. dewing not rettw rd NOTE All felts run in antordrirm with applicable ASTM standards Rmun ENEiM1EE11M1A TEStiTWO CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES ASTM DESIGNATION D-2487 Group Typical Major Divisions Symbols Names Classification Criteria Well -graded gravels and Cw - DOO D10 Greater then 4 N GW gravel -sand mixtures, little fines �fp �2 Ca + --m 0 91.1 or no Between 1 and 3 c N Poorly graded gravels and 2 u'q w v GP gravel -sand mixtures, Not meeting both criteria for GW 41 Y� U z little or no fines w N o N La o` ., c _ Silt gavels, gravel- Atterberg limits plot below "A liie Atterberg limits o yti ar g N C v CM sandysiIt mixtures or index plot- 2 0 'A A w $.° _N t N plasticity Ling in hatched area .+ y c P $ •+ _ less than 4 are borderline a s'� Clayey gravels, gravel- ttT m ti-i s plot classifications re- �1�3 ,°„ v CC sand -clay mixtures above "A" line and qui ring use of dual o Lu � plasticity index symbols c m greater than 7 1 1 Well -graded sands and Cu ' DB0 / D10 T Greater than 6 N m N E SW gravelly sands, little 2 a c $ � or no fines Ca - Dfr X'� Between 1 and 3 $ g N V1 r- C > A 10 60 N C o 0 o u H Poorly graded sands and b o$ c' C)v N �P gravelly sands, little Not meeting both criteria for SW 1g `^ L. or no fines u N V1 o r ,'t M. ., - — Silty sands, sand -silt Atterberg limits plot = N da N N N C N SN mixtures below "A" line or Atterberg limits plot- q &* � a $ N " t plasticity index less tinq in hatched area r" q than 4 are borderline clas- c N CL Clayey sands, sand -clay Atterberg limits plot- "A" sificatlons requiring $ y Sr mixtures above line and use of symbols plasticit index d i greater tlYian 7 MiInly organic Soils Inorganic silts. rock flour, silty or clayey fine sand !—Tno�gamc clays— oTiow �o median plasticity, grav- Cz el ly clays, sand, :lays, 60 Piaeticity ,gilt _silty clays, le 4ys 50100 For olaoetificaticn c! fine_ grained ecile and Elmo fryltiJr Organic silts ar,. urgaric oodo+-�inod ecils. CL silty clays of low 4 40 Attorterg !mite Flottirr in hatched area are trrlorline — plasticity — - C w olaeoi,seatio�e regwirino so cf dial ey-rbcls. Inorganic silts, miCdceout or diatomaceous silts, G" Fquaticr o!A-lin PI. 0.71 rtL-20 CL elastic silts � 20 -- - Inorganic clays of high CH plasticity. fa* clays 4 �_. __ Gil Cos f r I r _ Organic clays of medium 06 10 20 30 40 5C 60 70 ON to high plasticity Liquid ti+rit Prat. uruCA anJ other - -.'-_.--A.-.----_-.-- -. Ft highly organic Toils Visual -manual identification BRAUR EiM�31NEERINli TESTING r .409 lf'; NSVI71G 1' .0 . Box 2�R Shaknpos, M nnosota g5379 Tol ophcne a 44R - 3282 October 4s, 1976 Kai-1Y Mm7y :)-M .- 3z Burnet Gagner seal tars 'e Mst.or Street Bxool a! -r, Minnesota 5!53;1 aye Soil heringe for lot on ev-�a Fk, ••., Ororoo Wnnesota Dear Me. Deti of eon At your requeo.t, we put down two soil bar! nre on the a',cve site. '"hey were plsoe#+ in the a`prox4mato location of the proTc,sed 1,K..so. :'tandard split spoon penetre!ion tests were Bade ac-:oriing to ASTM stwndard 4 - 1!Af In ord,r to dotern! tiro the releti ve donwi ty of the soi 1 a and to ryes, ver undi Ourted soil samples, Attached are the 1of@ cf tt.e soil bor! ngs yr i th ,9 plan of their 1c,catione The bor! r.rs wore-►dvane ed w! th four inch 06"U nuous f: i rht power augers w1d oh are truck sr. mtsd ' 4a ). There Is ahout two feet of bl a,:k to; soi l and then a erdy ri ne to r,311 ur sa, + n a l oo so to A A state. A 'blow oo un! of • In the ep11 t spot n toot if grey sand indicates an allowable soil beRri nt value of 1 ,n!`C pounds pa, square foot. The maximus design load on a ►rose for •.i ng to 1 eer+ than 1 ,Or, pcu:rde per square foot] thereNre, this sand should be able +.., supFcrt the ho'_+ese All of the other blow ooLAnts •ere larger indicating the soil at what depth can support an even larger load* 'loneath the prey *and ' : . ri Xture of clay and sand in a firm state that to called a sandy Clay loss. "ti+i . sandy clay loan San suppc rt an al l c wa bl o soil bearing load of Wore than -'I) pounds per square foa to Aster is abet 3 foot below the eurfaoe. This 1s about the sage olevaticn as the lake level. 31nee a basmart floor should be at least C feRt above 1,11h water, there r will be acme fill req-tired on this lot. "no black topeoi l should be resovod down to the grey sand. TMo-cavatic,n and fill should extszed beyond the 11 ai is of the buillding 0. least a di stoneo equal to the depth of fill beneath the footing. A granular fill should be uend and coapamrt*d to at least 10# of the srediPisd proctor deratty. "Isis fill should be three Poet above the water level before oor9racti nA with a C brati ng aaapsatere "he oompaoter tends to p%up water i nto the ri I tar-.d make ! t aponxey. if this hap;nns. ',hen the All should Us ,eft tc settle o�+t t*re water for one )ay or until the fi 11 A rue up, beforo forte! ne the foc •.4 ngee Ancerooly, ,M 1 1 , as r . "'.0.. 1. 1 eq)f•rL ♦ul'1 As* ..Oo Cd V. �oo.sr R � bi bL 1 V • ,' 1� 5c 1r` a - bole►Nco fbk Ev. It7. d e,,a►c..c sii-f rues•,,, G Rsy F,.+C% t...+a l y_ 1� r o • (,• %P v ► fL) -+t .5 1 8 m eLc;ti C04,04 5,.0084 c� A-t L.A w•1 pt : 1 04) Gt w-� �.�►.� CA�wn) � :I�wfl�ll0��•r'1. GK�r1� F � A. M, RV �� • � Q � IL � I V J /�aa •J /frld r+ J 1-0C''ArIo 0 9LAO stAt. a"t 60 t ,et.ev. 9a..s AaA,cc ^..an-1 J►tr tueio/4. 71 W�IQ� �� .�•iF�• 13LUO G0(9-4 JA-4'4 U, cc • / A. v Arl _— I s ' i!fa c ► 4,+vrjrJ f „"'o`1 Clw 4 ,C•A 1 )^1 f 9 /t 5/%L Ir BORING NO. GROUND EL L \/ UE S•..w,tp iION OF MATE.RtAt_ LO,:At+ON OF — _. _ BL.OW COUNT 9LO'.V S -`_ R F "OT LOG OF BORINGS NOTE S THE SLOWS PER FOOT AT THE LOOM IONS INDICATED ARE BASE n ON DRIVING A 2"O.D SPLIT SPOON SAMPLER WITH A - f l9 HAMMER HAV- ING A FREE FALL OF 30 INCHES. THF BI nVA ' Ot, N S iAK' N 'N uND:3"[,FBE ^ ` a, RF'.OW AN OPEN HOLE, THERFBY c.i WOYATING SIDE FACTION ON THF DRI\,,f PIPF THE SOIL CLASSIFICATION IS BASED ON BOTH VI51-)AI f,LASSIF CAT C)N AND GRAN PART!C.LE 5'7r- ACCORDING TO TN,' U 5 HLF= AJ OF. `JJ , DUf. TO I'PE rA( T THAT THF. AREA OF' THE N ON ;lj THE WHOLF ARE. A 'S : �; SMAI_[ AND THF POSS Pt F A941A1 t F % 3UB SUR FACE LON[) C,,)%,). NF n'1 NOT WARRANT r.,)N', - �^�' fh i,k -,,[- rl VTr4 OF THE OR THAT THE LOGS ';HOWN .;;-q; r ri-j:.tj c t►. ; TiRF SiTF FB-oT- _J IA 4( I C. EK_ co I ROX ?4, , `,HAKOPFE ?J! .NE ,0TA U. S. BUREAU OF SOILS CLASSIFICATION 0 Ili l,� O O 80 • CLAY � � r CLAY LOAM C S �O �O % SILT 70 60 Sip G3� NDY 40 SIL 0 CLAY CL, J mp SANDY SILT Y CLAY LOAM LAY LOAM \ `,0 LOAM 0 SANDY ILTY 'p LOAM LOAM oL AND 11) (� ^1� All,All, PARTICLE SIZE DIAMETER OF U S STANDARD CLASSIFICATION PARTICLES SIEVE SIB BOULDERS 4 INCHES 9 LARGER GRAVEL 2 MILLIMETERS TU 4 t_ARGER TH,,'J x SAND 0 074 rO 2 C MILL IMF ? E R S 01O TO M 200 SILT 0005 TO 0074 MILLIME , ERS (CANNOT BE SEPARDT; 0 nr SMALLERTHAN 0005 MM BY SIEV,':'.) OARSE SAND to10 TO *&,. SIEVE MEUIVM SAND *3O TO s?o SIEVE FINE SAND w 70 TO *I4C SIE VE . t-G' FINE SAND 01. TO x2OO +EVE