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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Pillar Homes KC Chermak 125 Lake Street W Wayzata, MN 55391 TYPE OF APPLICATION: ZONING FILE: #04-3042 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 14, 2004 COPIES: Roger & Carol Rovick 1625 Bohn's Point Road Orono, MN 55391 After-the-Fact Conditional Use Permit DATE OF MEETING: December 13, 2004 VOTE: 5 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with interest in the property must sign the resolutions. Conditional use approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (PARK COMMISSION COMMENTS, Continued) McDermott stated at the last Park Commission meeting some concerns were raised by the public concerning the access to one of the parks and requested the City insure that the City 's a ccess is maintained. McDem1ott commented some changes have been made in the area but it appears access has not been altered. PLANNING COMMISSION COMMENTS -JIM LESLIE , REPRESENTATIVE Leslie indicated he would be available for questions during tonight's meeting . PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *7. #03-2937 BOB MORLOCK, 980 NORTH SHORE DRIVE WEST-FINAL SUBDIVISION -RESOLUTION NO. 5268 Murphy moved, White seconded, to adopt RESOLUTION NO. 5268, a Resolution Approving the Plat of Englund Third Addition, Robert Morlock, 980 North Shore Drive West. VOTE: Ayes 5, Nays 0. *8 . #04-3042 PILLAR HOMES ON BEHALF OF ROGER AND CAROL ROVICK, 1625 BOHNS POINT ROAD -CONDITIONAL USE PERMIT -RESOLUTION NO. 5269 Murphy moved, White seconded, to adopt RESOLUTION NO. 5269, a Resolution Granting an After-the-Fact Conditional Use Permit for KC Chermak on behalf of Roger and Carol Rovick, 1625 Bohn's Point Road. VOTE: Ayes 5, Nays 0. 9. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES Eric Vogstrom, Applicant, and Todd Phelps, Attorney-at-Law, were present. Curtis noted this application was tabled at the November 2211 d City Council meeting, with the applicant being requested to redesign the proposal to reduce or eliminate the variances requested. The applicant was directed to redesign the proposal to include a maximum 1,500 square foot building footprint and the appropriate hardcover to serve that home. The applicant has submitted a revised design, with the home proposed to be two-story residence with a 1,699 building footprint, a three-car attached garage and deck. The applicant is now proposing 34 .5 percent hardcover within the 75'-250' zone, which is a 2.3 percent or 17 6 square foot hardcover reduction from the previous proposal. Staff feels the proposal does not respond fully to Council's direction. Although the majority of the Planning Commission concluded that the large 0-75' zone and relatively small 75'-250' zone is a hardship to the property, Staff feels that the 34.5 percent hardcover is not warranted for this lot. Staff continues to recommend approv al of the average lakeshore setback variance. Staff believes that the size of the 75'-250' zone , which, at 25 percent would allow only 1,918 square feet of hardcover, is .an inherent PAGE4 Date Application Received: 7-21-04 Date Application Considered as Complete: 10-8-04 60-Day Review Period Expires: 12-7-04 extended to 2-5-05 REQUEST FOR COUNCIL ACTION Date: December 13, 2004 Item No.: Department Approval: Name: Janice Gundlac~ Title: City Planner Administrator Approval: Item Description: #04-3042, KC Chermak on behalf of Roger and Carol Rovick Agenda Section: Zoning 1625 Bohn's Point Road, After-the-Fact Conditional Use Permit, Resolution Zoning District: Lot Area: Lot Width: List of Exhibits LR-lB, One Family Lakeshore Residential District (1 acre minimum) 1.691 acres (73,679 s.f.) 127.5 feet@ shoreline; 130 feet@ 75' setback A -Resolution per Planning Commission Recommendation B -PC Action Notice of 10-19-04 C -City Engineer Comments Regarding Revised Plan D -60-Day Extension Letter E -PC Memo and Exhibits of 10-14-04 Application Summary: Applicant requests an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Planning Commission Recommendation The Planning Commission recommended 5-2 to approve the after-the-fact conditional use permit for fill pending submittal of a revised plan incorporating the comments contained in the City Engineer letter dated October 12, 2004, contained within the Planning Report as Exhibit F. Staff Recommendation The applicant has submitted a plan incorporating the City Engineer comments contained in the October 12, 2004 letter. The City Engineer has reviewed that plan and provided updated comments, attached as Exhibit C of this memo. Staff recommends approval of the after-the-fact conditional use permit subject to the comments contained City Engineer letter dated November 30, 2004 and submittal of an as-built survey following completion of the work. Staff recommends that the applicant complete the work prior to the end of the year, at which time an as-built survey should be completed and submitted for City review. Following City Engineer approval of the as-built survey, a final Certificate of Occupancy shall be issued. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting an after-the-fact conditional use permit for 1625 Bohn's Point Road. A RESOLUTION GRANTING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1286 FILE NO. 04-3042 WHEREAS, Roger L. Rovick and Carol J. Rovick, husband and wife (hereinafter "the applicants") are the owners of the property located at 1625 Bohn's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 9, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for an after-the-fact conditional use permit to Orono Municipal Zoning Code Section 78- 1286 to allow 3,940 cubic yards of fill on the property in conjunction with the landscaping improvements for the new home where 1,650 cubic yards was approved with the building permit and 500 cubic yards requires approval of a conditional use permit. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3042. 2. The property is located in the LR-lB, One Family Lakeshore Residential District which requires a minimum lot area of one (1) acre. The applicant's property is 1. 691 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on October 19, 2004 and recommended approval of the after-the-fact conditional use permit based on the following findings: a. The site is large enough to support the amount of fill without drastically changing the character of the neighborhood. Page 1 of 5 b. The grading can be improved so as not to negatively impact adjacent neighbors. c. The impacts of the fill are only discemable from the road or street side rather than the lake side of the home. d. All other requirements of building height, hardcover, and lot coverage by structures are met. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed after-the-fact conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the after-the-fact conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; but is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact conditional use permit per Municipal Zoning Code Section 78- 1286 to allow 3,940 cubic yards of fill on the property in conjunction with the landscaping improvements for the new home where 1,650 cubic yards was approved with the building permit and 500 cubic yards requires approval of a conditional use permit, subject to the following conditions: · 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 2. The site improvements shall also be subject to compliance with of the City Engineer comments contained in his letter dated November 30, 2004. 3. The site work shall be completed prior to December 31, 2004. 4. Upon completion of the site improvements an as-built survey shall be submitted for review against the approved plan. Upon approval of the as-built survey the City shall issue a final Certificate of Occupancy. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the after- the-fact conditional use permit will expire on that date (December 13, 2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain oftitle of the property. Adopted by the Orono City Council on the 13 th day of December, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ , 2004 by Roger L. Rovick, husband of Carol J. Rovick. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ , 2004 by Carol J. Rovick, wife of Roger L. Rovick. Notary Public Page 5 of 5 I I I i I \ I ' I I I I I I I I J.L-,-----"'-----Lr0 _ , I )1 t.J) ·'~ / CT /~\ I G: I I I I I I ·~p.ropercy Un,e. I I I I· l I '/. ,.. ✓ / tJ Of ,. I I ~IA.4) ,. I / / I ,1· I ,,, / ... I I / ✓ / __ _/ I EXHIBIT A prep:n '""' orthe Prinl Sign:11 Dau:: = G p (1E l I """""' I ---·-- --. -. -~,q. Sc:rlt: ____ ...,.;i;- D:1te: Re>ish Qt,.o - =-'141 ---,,. • qq.1..---- ' ,.,,~ --· \ ' \ \ \ -- ' I ' ' ' I I I I \ Nof I \ I I ' ' ' ' ' ' ' \ I \ \ I I ,. I I I ' \ ' ,,. \ --- "'''2. ,, "-·, Note: 1 tecl by Gronbert3 $. Associates, Inc. as As-built survey vork wa~;;7,t~104 ,ncludmq all revisions to date per plans datec. and ~1'3 . h ir drawmqs. DTA used all information and 5hown eY..;i~ly a5 pe~t \0 ener.ate qrading plane, for submittal from Gronberq .. A.55-ocras:: As~tutlt drawings for Pillar Homeei, Lot 9, to City of Ororo a5 ~l 349 Hennepin County, Mmnesot~. Auditors, 5ubd111s1on r o. · t f-\l.,\4ij · A<~ // \ / ' \ -,-Ii!..~.,::." . EXHIBIT A1,. December 6, 2004 Pillar Homes KC Chermak 125 Lake Street W Wayzata, MN 55391 RE: 60-Day Extension Notice Dear Mr. Chernrnk: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of a completed application, and that this review period may be extended by notification to the applicant. Your application was received on July 21, 2004 and was considered complete on October 8, 2004. The 60-day review period would end on December 7, 2004. However, following Planning Commission approval a revised plan meeting the City Engineer recommendations was required prior to City Council review, where the earliest scheduled date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to February 5, 2005. The City has received the revised grading plan per the City Engineer recommendations. The City Engineer comments regarding that plan are attached for your reference. These recommendations must be incorporated into the site improvements, where an as-built survey will be required upon completion. You are scheduled to appear before the City Council for final action on December 13, 2004 at 7pm. Thank you for your cooperation. Sincerely, City of Orono ~-~u/4.- Janice Gundlach City Plaimer cc. Roger & Carol Rovick Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us j fl j Bon e stroo e Rosene '11 Anderlik & 1 \j 1 Associates 2: 'X/est H ig hway 36 • St . Paul, MN 55 11 3 Office: 6 51-636-4600 • Fax: 65 1-636-13 11 www.bonestroo.com En gi nee r s & Architects November 30, 2004 Ms . Janice Gundlach Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1625 Bohns Point Road File No. 139-04-000 Plat No . 04-3042 Dear Janice: We have reviewed the revised grading plans dated 11-23-04 prepared by David Tupper and Associates for the home constructed at 1625 Bohns Point Road. The grading plan includes as-built survey information provided by Gronberg and Associates . Proposed revisions to the grading include construction of swales along the north lot line to convey storm water in accordance with the previously approved building permit grading plan. We have the following comments with regards to engineering matters: SbeetL5 • The proposed swale along the north lot line from the high point (940.50) westerly should be extended to the 934 . contour. Grading of the 934 contour should direct storm water southwesterly across the subject property and not onto the property to the north. • Notes pertaining to the draintile installation in the swale and associated rock backfill should include language that states the rock backfill in the draintile trench shall be at an elevation that is no higher than 1-foot below the top of the swale to prevent water from flowing north. • The grading plan should include proposed swale grading easterly from the high point (940.50) beginning at the 940 contour to convey storm water on the subject property towards the existing pond. Sheet L6 • As noted above , the swale along the north lot line should be graded easterly beginning at the 940 contour and tie into the proposed swale grading shown at the 935 contour. General • Once the grading and associated restoration is completed a revised as-built drawing should be provided to the city for review and approval. • Silt fence and any other necessary erosion control measures should be installed, inspected and approved by city staff prior to any work on site. If you have any questions please call me at (651) 604-4863 . Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Cc: Greg Gappa, City of Orono Bruce Vang, City of Orono • St. Pau l , St. Cloud , Rochester, Wi ll mar, MN • M il waui<ee, WI • Ch i cago, I L Affirmative Action/Equa l Opportunity Employer and Employee Owned MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Rahn stated he would not be in favor of any encroachn1ent into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant's various options concerning design of the garage and residence but that the applicant needs to make those design decisions. Rahn noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer stated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20 's since there is a lot oflakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway . Rahn noted this application would move forward to the Council, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. NEW BUSINESS 4 . #04-3042 PILLAR HOMES ON BEHALF OF ROGER & CAROL ROVICK,1625 BOHNS POINT ROAD-AFTER-THE-FACT CONDITIONAL USE PERMIT, 6:37 -7:20 p.m. K.C. Shennack, Pillar Homes, and David Tupper, Landscape Architect, were present. Gundlach stated the applicant is requesting an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of the building permit. The <;.:ity ~unently requires a conditional use permit for fill in exces~ of 500 c~bic yards. The pr<?perty is located at 1625 Bohn's Point Road. Gundlach indicated a building permit for this site was issued approximately one year ago, with the grading permit approved by Staff and the City Engineer at that time. The grading permit showed 1,650 cubic yards of fiH would be used. Gundlach noted Staff did not realize, as the fill was spread out over a large area, the need for a conditional use permit at the time the grading permit was applied for. Near the end of the project additional fill was brought in beyond the approved grading plan and it became apparent that the amount of fill exceeded what had been approved and Staff infmmed the contractor that the fill would either need to be removed or an after-the-fact conditional use permit applied for. Since the contractor had the home scheduled to be in the Parade of Homes and they were ready to lay sod, Staff decided to allow them to place the sod for the parade and to apply for an after- PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) the-fact conditional use pe1mit to seek approval if the excess fill was not going to be removed. The home was issued a temporary certificate of occupancy with the removal or approval of the fill as the only outstanding issue. Staff is requesting that any approval be contingent upon implementation of the City Engineer's recommendations, which includes repair of the swales along the north and south property lines. Staff is also requesting the Planning Commission discuss whether the additional fill creates a negative visual situation for the directly impacted neighbors to the north and south and also on the neighborhood as a whole. Gundlach noted the City Engineer is available tonight to answer any questions. Shem1ack, Pillar Homes, stated he oversaw this project from start to firtish. Shermack indicated he was not informed of the need for a conditional use pennit in the fall when he applied for the grading permit. Shem1ack acknowledged that the amount of fill brought onto this lot is over the limit allowed by the City without a conditional use pennit. Shem1ack stated his main concern at the time of construction was the water level of Lake Minnetonka and that all of the fill was brought to the off- lakeside and has nothing to do with the east side, the west side, and the lakeside. Subsequently the home was constructed, with extra caution being taken to ensure that the home was being constructed above the high water level of Lake Minnetonka. Shermack stated in his view the important factor in constructing this home was the lakeside portion of the residence and not the front of the residence. Shem1ack stated the fill was primarily brought in for the driveway. Shermack indicated the home was constructed according to the survey, with periodic inspections being perforn1ed by City Staff on different aspects of the house. Shermack indicated the homeowner over the winter requested to meet with a landscape architect and specified certain landscaping features be constructed as paii of this project. Following that meeting with the landscape architect, additional fill was brought in. Shennack pointed out this property is a large parcel and there is plenty of room to grade the extra fill in. Shennack stated the fill was brought in to help achieve access with Bohn's Point Road in accordance with the property owner's wishes. Shem1ack stated during the off-season the homeowner also requested some very key trees be removed because of dead growth towards the bottom of the trees. The removal of the trees affected the original grading plan. In addition, the property owner asked that the grade be raised and that new pine trees be planted. Shennack stated the fill was also requested by the homeowner in an effort to make the driveway more acceptable in their opinion. As the end of the project neared, the landscaping plan was submitted to the City. Shermack noted there was no attempt to deceive the neighbors during this project or the City. A number of open houses and social functions were held at this residence, with the neighbors being kept apprised of the project. Shennack stated the one resident that has complained is a fairly new resident to the neighborhood with the home being purchased in April. Shermack noted this particular resident has not yet moved into the property at the present time. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) Shem1ack stated he did not apply for a conditional use pem1it for the excess fill because he was unaware of the City's requirement. Shermack indicated he is now appearing before the Planning Commission to request a grading permit based on the excess fill that was utilized on this site. Shermack stated he would also like to address the City Engineer's comments. First, prior to the landscaping plan being submitted to Staff, at least two site visits were had with members of Staff who advised the landscape architect on what steps should be taken. Shem1ack pointed out there is a two- foot trench with drain tile and rock on top. Shem1ack stated the surveyor was not instructed to dig down to the drain tile and so the elevations depicted on the survey reflect the top of the stone placed in the swale along the pool. Shennack stated they attempted to be very pro-active in their approach to address the drainage on this property and met with staff a number of times to discuss issues relating to drainage. Leslie inquired where the drain tile discharges. Tupper stated the drain tile discharges at about the 93 8', 93 7' contour to the west. Rahn inquired whether there were any public comments regarding this application. There were no public comments. Tupper stated the construction of the swale begins at the 941' elevation at the block retaining wall, which is in the northeast comer. Tupper stated the 941' is the high point, with the swale being constructed five feet from the center point of the swale to the property line and with the swale being sloped towards the lake. In addition, a trench was dug about two feet wide and two feet deep with drain tile on the bottom, which was then filled with rock to the top of the trench. Tupper stated the rock on top is more of a cosmetic feature to make the swale appear like a creek bed. Tupper stated it is their understanding some of the elevations were shot on top of the rock instead of where the soil line was. Leslie inquired whether there is also drain tile in the eastern portion of the swale as it approaches the pond. Shem1ack stated there is not. Rahn inquired whether the home was constructed at the elevation approved. Shermack stated the home was constructed at the proper elevation. Jurgens inquired what the building permit specified for the elevation. Jurgens stated he would like to see a copy of the building permit. Jurgens noted the top of foundation was proposed at 943 .8'. Jurgens inquired what type of joist was utilized. PAGE9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) Shennack stated two-foot floor joists were used. Jurgens noted the upper garage was proposed at 943.5' and it is clearly depicted at 945.5 and perhaps 946' according to the contours. Jurgens inquired why the garage is higher than what was proposed. Shermack stated one of the things that was done differently on this residence that was not shown on the first survey but was depicted on the submitted plan was on the three sides where the grade was identical, the walls were poured at a nine-foot height and two-foot floor trusses were set on top. Shem1ack indicated the portion facing the courtyard area was actually done with what's called a top cord hanging truss, which means that the wall was poured 18 inches to two feet higher and the truss hangs on top of it. Shermack stated he constructed this house identical to the plans that were submitted to the City. Shennack stated because of the top cord hanging trusses, the grade in the courtyard area is automatically higher. She1mack stated his attention was again focused on the bottom walkout level to ensure that there was no water seepage into the house. Ralm stated if the house has been constructed at the approved elevations and per the approved plan, water should not come into the basement. Rahn stated the main issue he has is the visual impact of the neighbors and not the drainage. Rahn stated in his view it looks like there is excessive fill on the street side and not a smooth transition to the home. Rahn stated in his opinion the drainage issues can be resolved. Kempf inquired whether some of the fill is to accommodate the parking circle. She1mack stated that it is. Leslie questioned the as-built retaining wall abutting the pool. Leslie noted the grading plan does not depict a retaining wall. Leslie stated it appears that the drainage is being pushed towards the neighbor to the north and creates an issue with runoff. Leslie commented he is more concerned about the drainage issues than the visual impact. Shem1ack stated the retaining wall is approximately two feet high and is constructed with interlocking block to make it narrow and visibly unobtrusive as possible. Sherrnack indicated Staff suggested building a retaining wall in this area as well as construction of a swale with the drain tile and rock alongside the pool. Shermack stated the retaining wall is designed to help direct the water down the wall and into the drain tile. Shennack noted Staff recommended the majority of work constructed in the pool area. Leslie inquired whether the purpose of the block wall is to catch drainage from the pool deck. Shem1ack stated the block wall is a transition from the pool to another area. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) Leslie stated in Exhibit C there appears to be a six-foot or seven-foot gap between the pool deck and the property line that allows for a swale to be constructed. Leslie stated with the block retaining wall, it impacts the amount of room available for the drainage swale. Leslie inquired whether that is the reason for the claim of water runoff into the neighbor's prope1iy cun-ently. Tupper concurred there is less space for the swale, but that the swale has been maintained at the point required by the City and still functions exactly as it should. Leslie inquired whether the landscape architect would contest the claim that there is incremental runoff as a result of the construction. Tupper stated he would. Shermack pointed out that water seeks the lowest point, which would be the swale with the drain tile, and can be verified by the engineer. Shennack stated it was his understanding they complied with everything they were requested to do based on what they were told by the City Engineer and Staff. Tupper stated they did ask Lyle Oman to visit the site prior to the sod being laid to have the swales inspected. Tupper indicated he was informed by Oman that he had personally inspected the swales and had approved them. Rahn inquired how a building inspector is capable of detennining whether a swale is constructed properly. Rahn suggested the City consider requiring before and after surveys to avoid these types of problems. Tupper stated he personally spoke on a number of occasions with Bruce Vang and Lyle Oman about these swales as well as the City Engineer, with the concept for this type of swale with the drain tile and rock being an-ived at between the four of them. Tupper indicated Staff info1med him prior to construction of the swale that this would be approved. Rahn inquired whether the contractor is agreeable to make any changes recommended by the City Engineer. Tupper stated they are. Tom Kellogg, City Engineer, noted he was on site one time only with Bruce Vang a day or two before the Parade of Homes commenced. Kellogg stated one of the problems with the plan is that there is nothing that identifies the drain tile, so without that information, his assumption was that it was a walking path. Kellogg stated the plan that was submitted for approval clearly shows another defined swale and some grading to divert the water. Kellogg indicated the as-built grading plan does not agree with the building permit grading plan, particularly along the north lot line. Kellogg stated the PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) installation of the drain tile, along with the other additional information that has been provided, appears to be an acceptable solution to the drainage for this property. Tupper stated the position of the pool and the pool deck is not any different today than what is depicted on the survey. Jurgens inquired why 93 8' is shown around the front of the pool and now it is 942 and a 943 ', which is four or five higher than what was shown on the original plan. Jurgens stated there is a substantial hill in that area and it appears the pool is higher. Tupper stated Exhibit C does not contain any elevations for the pool or the pool deck, but that it is clear the pool could not be constructed without some type of a retaining wall around it because of the contours of the surrounding ground. Jurgens noted a retaining wall was not constructed and instead dirt was hauled in on three sides. Jurgens stated the basement is higher by seven-tenths, with the house as constructed being one foot higher than it should be, with considerably more fill in the front. Jurgens stated there also is a swale that appears to have been constructed across someone else's property, which also was not proposed originally. Jurgens inquired what the hardcover was at the time this application was approved. Gundlach indicated they did not exceed the maximum allowed for hardcover. Tupper stated according to his calculations the hardcover was at 24.86 percent. Jurgens stated in his opinion it appears this lot is over the hardcover limit. Jurgens requested the hardcover be verified as well as the building height. Shem1ack stated the height of the roof did not increase. Tupper stated the hardcover that is on record is exactly what has been built within the 75-250' zone. Gundlach noted in the 250-500' zone they are at 14.5 percent. Jurgens noted a letter has been submitted regarding the swa1e, which needs to be addressed. Shermack indicated he would be willing to resolve that with the City Engineer and requested that it be documented that the end grade of the swale was pre-existing grade. Shermack indicated the water automatically went that direction prior to construction. Jurgens inquired what should be done with the excess fill. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) Shennack stated he had proceeded forward with the project based on good ethics and business practices and was not infom1ed of a requirement for a conditional use pennit. Rahn stated in his view the drainage issues can be resolved by working with the City Engineer and that the visual impact needs to be considered. Leslie commented the irony of the situation is if the contractor wants to lessen the impact of the hill, more fill is needed. Kempf inquired whether public comment had been requested. Rahn indicated he did ask for public comment on this application and no one stepped forward. Shem1ack stated he has had numerous meetings with the majority of the neighbors during the various stages of the construction and that in his opinion they would be here if they were opposed to this project in any way. Shennack stated it is his understanding that the majority of the neighbors are not opposed to this project. Fritzler stated in his opinion more and more fill was added in an attempt to improve the appearance of the lot and that approval should have been obtained before the additional fill was brought in. Jurgens stated in his opinion the Planning Commission needs to address this situation and send a message to other residents that property owners are not allowed to do whatever they want on their lot without checking to see whether they need approval. Jurgens noted he is a surveyor by profession and that as part of his job he is required to verify that the requirements of the City are being met. Shermack indicated he would be willing to make a contribution to the Park Fund, but that in his opinion he was following what he was directed to do by City Staff. Shermack stated he attempted to go far beyond what was expected in order to make everyone happy and that he simply was not told about the need to obtain a conditional use pennit. Leslie moved, Kempf seconded, to recommend approval of #04-3042, Pillar Homes on behalf of Roger and Carol Rovick, 1625 Bohns Point Road, granting of an after-the-fact conditional use permit to allow 3,940 cubic yards of fill, subject to the City Engineer approving any modifications to current grade to ensure no excess or additional runoff occurs from this property to the neighboring properties. VOTE: Ayes 5, Nays 2, Jurgens and Fritzler opposed. Jurgens indicated he feels that contractors need to be made accountable for what they do. Fritzler stated due to the amount of excess fill that was brought in, it was not a small error and the contractor should have known that approval by the City was required. PAGE13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. 5. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING - VARIANCES, 7:20-7:36 p.m. Jon Blackstone, Applicant, was present. Gundlach stated the applicants are proposing to construct a new residence on an existing, vacant parcel and are requesting a lot width variance to pennit a lot width at the public roadway of 110 feet when 140 feet is normally required and a variance to pem1it the existing accessory building to remain on the lot in a location closer to the street or front lot line than the proposed house. The lot consists of .886 acres and lies within the LR-lB zoning district. Gundlach stated 112 feet is required to meet administrative approval criteria for lot width. The applicants have met the administrative requirement for lot area and also meet all setback, hardcover, and structural coverage requirements. A variance to permit the existing accessory building to remain on the lot is required since City Code does not pennit detached garages or other accessory buildings to be located nearer the front or street lot line than the principal building except on lots which have frontage on a lake and rear yard adjacent to a street. Gundlach noted any accessory building would need to be located behind the residence. Gundlach stated although the accessory building has existed without a principal structure for quite some time, which is prohibited, it should not be allowed to continue since the two lots are being combined, the property is being redeveloped, and all nonconformances should be eliminated with the new construction. Staff finds that a hardship inherent to the land exists in order to grant a lot width variance. The lots prior to combination were only 55 feet in width and a house existed on one. The new combined lot width is more conforming at 110 feet and would be one of the most conforming lots in the neighborhood. Staff finds that there is no hardship inherent to the land to support approval of a variance for the accessory structure. Gundlach stated the grading of the lot is being substantially changed for construction of the new house and the lot could potentially support an accessory building in a different location. Staff maintains that accessory structures do not have to be pennitted at all if they cannot be constructed in a conforming location. Gundlach noted City Engineer approval of the grading and drainage is needed prior to approval by the City Council. Blackstone stated the existing shed is located approximately 17 feet from the road and that he is unsure of the distance from the neighbor's lot line. The shed itself is 16' by 12' and 11' high, with a new roof and paint put on the shed last summer at a cost of over $2000. Blackstone noted the shed has existed on this lot for over 20 years. Blackstone stated the proposed location of the new residence and pool is designed to minimize runoff and disruption of the topography, with the lot containing numerous mature trees, including some maples that are over 100 years old. Blackstone stated the current use of the shed is to store snowmobiles, snowblowers, riding lawn mowers and other items. The proposed location of the house PAGE 14 CITY OF ORONO 2750 Kelley Parkway P.O.Box66 ZONING FILE: 04-3042 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2004 -------------------------------------------------------------- TO: Pillar Homes KC Chermak 125 Lake Street W Wayzata, MN 55391 COPIES: Roger & Carol Rovick 1625 Bohn's Point Road Orono, MN 55391 TYPE OF APPLICATION: After-the-Fact Conditional Use Permit for Fill --------------------------------------------------------------Jb DATE OF MEETING: October l~i 2004 Planning Commission recommended as follows: Approval of the after-the-fact conditional use permit for fill stipulating the following: 1. The applicant submits a revised grading plan incorporating the comments addressed in the City Engineer letter dated October 12, 2004. This plan shall be submitted to the City Engineer for approval prior to City Council approval, and a permanent Certificate of Occupancy shall be withheld until this revised grading plan is implemented on site. VOTE: 5 FOR 2 AGAINST Applicant's next meeting is tentatively scheduled for: City Council-Monday, November 8, 2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. #04-3042 October 18, 2004 Page 1 of4 Date Application Received: 7-21-04 Date Application Considered as Complete: 10-8-04 60-Day Review Period Expires: 12-7-04 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner~ October 14, 2004 *PLEASE VISIT SITE* Subject: 04-3042, Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohn's Point Road, After-the-Fact Conditional Use Permit for Fill, Public Hearing Zoning District: Lot Area: Lot Width: LR-lB, One Family Lakeshore Residential District (1 acre min.) 1.691 acres (73,679 s.f.) 127.5 feet@ shoreline, 130 feet@ 75' setback Application Summary: Applicant requests an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Staff Recommendation: Staff recommends that the Planning Commission determine if the additional fill creates a negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be permitted. Staff recommends that the final approval stipulate conformance with the City Engineer's memo, attached as Exhibit F, and that a plan meeting those stipulations is submitted and approved by the City Engineer, prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that approved plan is implemented. Pertinent Zoning Ordinance Sections Sec. 78-1286. Topographic alterations/grading and filling. (2) For movement of more than 500 cubic yards of material within the shoreland overlay district, conditional use permit approval by the city council is required in addition to the required land alteration permit. Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore oflakeshore property. (b) All land alterations involving filling and grading shall be performed only #04-3042 October 18, 2004 Page 2 of 4 with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. Sec. 78-967. Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. ( c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. Sec. 78-968. Permit. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the council may require. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. #04-3042 October 18, 2004 Page 3 of 4 List of Exhibits Exhibit A -Applications Exhibit B-Applicant's Narrative Exhibit C -Grading Approved w/Building Permit Exhibit D -As-Built Grading Permit w/Fill Calculations Exhibit E -Memo from Building Official Exhibit F -Memo from City Engineer Exhibit G-Letter from neighbor at 1595 Bohn's Point Road Exhibit H -Copy of Temporary Certificate of Occupancy Exhibit I -Photographs Exhibit J -Property Owner's List Exhibit K -Plat Map Background Exhibit E outlines the events that have occurred on this site up until this point. Generally, the Building Official maintains that a site plan was approved at the building permit stage, that plan was not followed, and prior to getting a resolution on the grading a temporary Certificate of Occupancy was issued to permit the home to participate in the Parade. That temporary Certificate of Occupancy, attached as Exhibit G, stipulated that a final CO would not be issued until the grading issues have been resolved. The home is now occupied and the owners are aware of the grading problems and the potential changes that may be required. A final CO will be issued upon a resolution on this application. Conditional Use Permit Analysis Section 78-1250 of the Zoning Ordinance states that conditional uses, specifically within the Shoreland area, are evaluated based on the following criteria: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The required grading improvements would be on the north and south sides of the home, not the lake yard During these improvements the applicant would be required to install and maintain silt fences in an attempt to prevent soil erosion and pollution into Lake Minnetonka. b. The visibility of structures and other facilities as viewed from public waters is limited; Not applicable. The areas of the property where the grade needs to be corrected are not viewable from the lake. c. The site is adequate for water supply and on-site sewage treatment; and The property is in excess of I. 5 acres and served by public sanitary sewer. #04-3042 October 18, 2004 Page4 of4 d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Not applicable Sections 78-966, 78-967, and 78-968 of the Zoning Ordinance outline a number of circumstances where unusual fill or fill in excess of 500 cubic yards requires approval by the Council, usually in the form of a conditional use permit. No specific conditions are outlined, however the ordinances states that the site must maintain proper drainage and protection of adjoining property. Staff finds that the amount of fill brought onto the site can functionally work if swales along the north and south sides of the property are corrected. However, the amount of fill does create a change of character not only to the two most impacted neighbors but also along Bohn's Point Road. The Planning Commission should discuss this issue and determine if the visual impacts created by the additional fill are grossly negative where the fill, in excess of the 1,650 c.y. approved with the building permit, should be removed. The most impacted neighbor to the north has submitted written comments, attached as Exhibit G. The Building Official and Building Inspector have indicated that if the excess fill is removed the grading can still work on the property with the improvement suggest by the City Engineer. It should be noted, that the house meets all requirements outlined within the Zoning Ordinance in relation to setbacks, hardcover, lot coverage and building height (measured from existing grade) and that this property has received no variances. Issues for Consideration 1. Does the fill in excess of the 1,650 c.y. approved create negative impacts on neighbors? 2. Should the fill in excess of 1,650 c.y. be allowed? 3. Should the grade be allowed to be substantially altered when all other requirements are met? 4. Is the Planning Commission comfortable stipulating the recommendation on submittal and approval of a plan by the City Engineer meeting the City Engineer comments (and possibly additional PC comments) prior to review by the City Council? 5. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends that the Planning Commission determine if the additional fill creates a negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be permitted. Staff also recommends that the final approval stipulate conformance with the City Engineer's memo, attached as Exhibit F, and that a plan meeting those stipulations is drafted and approved by the City Engineer prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that approved plan is implemented. EXHIBIT A CITY OF ORONO -GENERAL LAND USE APPLICATION Application# 0 L-,,/ -¾ Lf ·i, Date Receive~ A")Z. j C Lj Amount Paid1J.I n 0. t)D PROPERTY LOCATION () jJ Site Address / tor.9-S-OcJ{i t,15 Pf /CU Type of Application to be Filed---------,---------,=------ Property Identification Number (P.I.D.) / '7 II 7 ·d 3 i / CJ(?() 3 ~=~~1cANT II ?/ Jhf-1/t)me~ Phone (home) <t:5a-4'T.;-'J.}ul Phone(work) ------,-------- Address lclS-Le& ft W City tUa-t12CCK< t Zip $£39,/ OWNER (if di erent than applicant) Name ~ae: + & <JL ~lde Phone (home) fS-i,-4-]l -Phone (work) _________ _ Address /ip'dfi Bt)hi/b Pt 12d City tJl!iMO Date Property Acquired / O / J J tr2 I (do) (do not) also own the adjacent parcefs odand. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600.00 Institutional (church, school, etc.) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg ---$600.00 Commercial/Industrial Use );( $600.00 Land Alteration+ Permit Zip 6-S:~<t I (month/year) ___,.-Grading and filling -designated wetland or floodplain X Grading and filling -501 cu. yd. or more __ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ------$250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation --- ---$600.00 Easement Vacation $100.00 Easement Vacation With Subdivision ------$600.00 Rezoning (PUD -refer to fee schedule) ---$600.00 Comprehensive Plan Amendment ---$100.00 Appeals Other-see Fee Schedule --- , i ~· /k.c=lh,.t'>!il ~ REQUIRED SUBMITT ALS 1. 2. 3. 4. 5. 6. 7. 8. 9. "/--. Completed Application Form. 0 Describe request in detail. ·1-= Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. --Attach legal description to application if not included on required survey. y.. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). "'I,. . List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). }{._ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature c:J-if W),J)},tJ./4 · Date 7/c1.o/04 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ~uc.W .. ~,;;L) Date 7 IM iz:t Applicant must have all submittals intcrlhe City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting . . /'vl 1:~~~~1;,tJi c.J~y .. .:,"'.J City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only:1/ 'J :· / /, / ·, City Planner: Li_. ,i t l / t •l Meeting Date/Time: 1 ___ -,,,.+-l}¾-1 -"-"!;_.,/J _____ _ PC Date: 'f What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: /G,xS-tz,ohv,.5 Pf-}2:,£ Property Identification Number (PIN): __ /-c,7_/~/~'7~J~":?~-~l~/-=cJ~C--=>C'--i J>_. __________ _ Zoning District: _____ Size of Property: _______________ _ DESCRIPTION OF REQUEST: □Res.Access.Use □Comm/ lndust Use D Other: OTHER INFORMATION: □ Institutional , □ yuest House/Guest Apt □ Duplex Credit/Bldg □PRO/ PIO ~ Land Alteration □ Comm Site Plan Review ~ "·, *Please note: Your application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: da/01--C~~ Date: z/4.o lot' t,#;~\ (~;i EXHIBIT B \: ... ~ .... -. ."":..~: if:,_ :',:.,.;*;•A••,.. 1!9f'.'.~::_;. PILLAR HOMES PARTNER Date: July 21, 2004 Re: 1625 Bohns Point Rd. Conditional Use Permit Application This is a very large home site, with lak:eshore to the west, frontage on Bohns Point Rd. and a street side pond to the east. Upon receiving a building permit on 10/13/03, Pillar Homes started construction of a new home on this site. The home was placed and built exactly in accordance with the home plans for the lot submitted for permit. This home is nestled next to a small knoll or hill on the north lot line, with additional dirt raised around the home. Most of the dirt was hauled in and placed on the east (non-lake) side of the home in the fall of 2003, and has been allowed to settle over the winter. Months later, after a very thorough, professional landscape plan was created which included final grade and planting schedule, retaining walls etc, we submitted the landscape plan to the Orono staff, not knowing that we needed a review for grading and/or dirt brought in in excess of 500 cubic yards. This CUP grading request is now before you already vigorously reviewed by Staff and all changes requested to the original grading plan have been implemented on site and approved by Staff and City Engineers as instructed. Since the original grading plan required a large amount of dirt to be brought to the site, and the house plan was approved, we simply backfilled the foundation that was approved to be installed. We had no plan to deviate from our original survey. However, our foundation wall height that was on the approved survey was misinterpreted slightly on the original elevations on the permit survey. This unknown difference was discovered on the landscaping plan, and all changes that staff required to prevent improper water flow were implemented. Drainage swailes and retaining wall, draintile and other requests were fair and implemented on site, to assure all code and regulations were met. We therefore request a conditional use permit for grading of dirt brought to the property in an amount in excess of 500 yards. Thank you for your consideration. Carol & Roger Rovick 1625 Bohns Point Rd. I(.-,;~\~ ; .· \,. W,' w ( " ~~~> tt ~, J' ~ •:y~ \-:~ JJJ !,} i:'i,~_ .. _,/:.L "'•;,.,;rJ!- KC Chermak Pillar Homes 2 PlLLAR H QMES PARTNER, 125 Lake Street West, Wayzata, MN 5391 Phone: 952.473.2351 Fax: 952.473.8317 www.pillarhomes.com r I I I I I I I I (/)I ol I I I / 5ULAL · I" --z_ / / ~I \ \ <»I ', o\ ',, I 0 ' I =1 ',,,, / fTI\ 't-... I , , I ,/ N\ , -932 _ I I I I I I Nt ...... 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' ) ,,/ ---·--~✓- ------ ------------------ -,.,.-- / (934.4) I I I -----------... ,.,/ \ \ \ \ \ ---\ -.___ ., \ "" \ \ "' \ -··-_ .. \ \ \ (934.6) (934.1) -- ,,,-· I c.. '-' \ \"'\ I // ---- ttA-l.. . \"==-2.JJ• . Ntf' l7JfPtGI 'SID'f) ~S-PJU1G1 'PlAN ~ \ L& llYl-< 5> -C>l'l°~ tY1 tLt q vt<.J l s dM ntvl u v,_.< s -A<>-bu" 1 ➔ tm-11D v v-S> 0 \ s C, C, \ \ lD ..- N "'i" w 0 0 N "'i" 0 0 0 (/) a <.( 0 0.:: I-z -0 a.. 20 (/) z I 0 m ---- FROM: GRONBERG & ASSOCIATES /FAX TO: f ,4,VI C ~ C 17 t; d J:' ~~t7A./O Phone FaxPhone 2o/9-lf("lo I CC: REMARKS: D Urgent FAX NO. 952 473 4435 Sep. 15 2004 06:58AM P1 I Date 9-/5-a'( I Number of pages ino/udi'ng oover sheet 1 FROM: Phone Gronberg & Assoc., Inc. 445 N Willow Drive Long Lake, MN 55356 (952) 4 73-4141 Fax Phone 952 473-4435 ~ For your review O Reply ASAP D Please Comment r~~ /nt...4-A /yb/Yf..(Y t,A./ L~T 9.,. AU~. full. A,/t), 3'19 U/G C.4'-C'~l.1/76{} ..,../-1€ 0/(/C'I/VA,l. A,v/111,.(µr pj: F/1,(._ ro 6€ /('So C. Y. /)JV TIie 9-2'1-()3 ~/(_,(.~JA/r;' (,t6'Wf~,p) /~-,10-()J• 7°#€ C~~~f',11./j" ;t1f-,dU.Jl1 ~A,,,jf.,U,1µC: ~~l,/Jf€"tJ '7 -11 -IJ'f .r/21~~€/J 3? 1/t, c. r. dF ,r:..1, t . Date; 10-14-04 Memo to; Janice Gundlach From; Lyle Oman Re; 1625 Bohns Point Road -Fill EXHIBITE On 10-13-03 the city issued permit #PO6835 for a new residence at 1625 Bohns Point Road. The plan was reviewed and approved by staff and the city engineer Tom Kellogg. Staff noted that fill would be brought to the site. The amount of fill seemed appropriate for the site and the proposed house, and a calculation of the amount of fill was not done. Toward the end of the project it was discovered that much more fill was brought in than was originally approved. The contractor had the home scheduled to be in the parade of homes and they were ready for sod. Staff decided to allow them to place the sod for the parade and to apply for an after the fact C.U.P. to seek approval if they didn't want to remove the excess fill. The home was issued a Temporary certificate of occupancy with the removal or approval of the fill as the only outstanding issue. j fl j Bonestroo· 9 Rosene "1\11 Anderlik & 1 \11 Associates Engineers & Architects October 12, 2004 Ms. Janice Gundlach Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 2? X/est Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com Re: 1625 Bohns Point Road File No. 139-04-000 Plat No. 04-3042 EXHIBITF --~ ... ,, ., " ~ .I- ocr 1 3 2004 t.11 'lv,v . 11 UN0 We have reviewed the proposed and as-built grading plans for the home constructed at 1625 Bohns Point Road. The applicants engineer calculated the amount of fill brought into the site at 3940 cubic yards. The previously approved grading plan estimated that 1650 cubic yards of fill would be brought onto the site to construct the home. The additional fill has raised the grades in several areas and has impacted the drainage across the property. We have the following comments with regards to engineering matters: • The as-built grading plan does not agree with the building permit grading plan in several areas, particularly along the north lot line. The area between the pool and the north lot line was defined as a high point with swales routing water easterly and westerly on the building permit grading plan. These swales were meant to keep drainage on the subject property and convey flows either westerly to the lake or easterly to the existing pond. The as -built grading plan does not show that these swales were constructed as planned and it appears some water is directed northerly from the high point onto the adjacent property. In addition, water traveling easterly to the pond crosses over the north lot line onto the adjacent property approximately 35 to 40 feet west of the point shown on the building permit grading plan. The defined swale shown on the building permit grading plan westerly from the high point was not constructed. We recommend that the applicant regrade along the north lot line to contain water on the subject property to the extent shown on the building permit grading plan. • The proposed swale along the south side of the home shown at the 932 contour on the building permit grading plan was not constructed. This area should be regraded to direct water towards the lake and to drain the low area between the subject property and the property to the south. • The City should review and inspect any grading revisions and verify that the changes agree with the previously approved building permit grading plan. • Silt fence and any other necessary erosion control measures should be installed, inspected and approved by city staff prior to any work on site . If you have any questions please call me at (651) 604-4863 . Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC . ;;;;,.,y+ Tom Kellogg Cc: Greg Gappa, c:;ity of Orono Bruce Vang, City of Orono • St. Paul, St. Cloud, Rochester, Willmar, MN• Milwaul<ee, WI• Chicago, IL Affirmative Action/Equa l Opportunity Employer and Employee Owned October 11, 2004 William G. Cornelius 1595 Bohns Point Rd. Orono, MN 55391 Ms. Janice Gundlach, City Planner 2750 Kelley Parkway Orono, MN 55356 Dear Ms. Gunlach: EXHIBITG This letter is in reference to land use item 1. #04-3042 to be reviewed by the Planning Commission on Monday, October 18, 2004. I live at 1595 Bohns Point which is immediately north of the property in question. I would like to appear in person. However, I have a previous commitment that evening. In place of my public comments please accept this letter. I understand the city approved a grading plan along with a building permit before this house was built. Moreover, the plan included a certain amount of fill. In some cases, perhaps quite a few, it is not unreasonable that someone building a new house may exceed the parameters set by the city, especially if the builder is in close contact with the city officials and his respective neighbors during the building process. Nevertheless, in this case the nature of grading and the amount of fill brought in grossly exceeds the specifications approved in the builder's plan. These excesses were never reviewed by me, the neighbor, nor to my knowledge were they approved by city officials. The amount of fill approved for this project was 1,650 c.y. It is my understanding that the actual amount brought in was 3,940 c.y. This is an immense amount of new material, more than double what was in the original plan. Much of this fill was placed in the east yard in front of the garage resulting in a new hill. The proposal has this area rising as much as 6 feet. It is now as much as 10 feet higher than the original grade. This immense increase in height has changed the natural drainage pattern. Because of the very steep grade the water in this area now runs rapidly on to my property rather than gradually into the pond as it did in the past. When it rains the water accumulates at the base of this northerly hill (my southern boundary). The ground becomes saturated and virtually mucky. I believe ( although I am , not sure) because of this problem a small retaining wall was built toward the bottom of the hill. This does not solve the problem. In addition, a partial swale was constructed parallel to the wall. There are two problems with this swale. First, the depth along the wall is almost non-existent. It is perhaps an inch or two deep. Second, the swale becomes quite defined at the eastern end of the wall just as it takes a very sharp and pronounced tum into my property and then into the pond, rather than continue across the property in question and then to the pond. This sharp departure was built on my property without any consultation or permission from me. A similar problem was created at the back of the house, namely around the northwest side of the house and pool and the south end of the pool. The original contour rose to about 93 8 feet. The building plan shows an elevation of approximately the same height. The actual elevation is between 942 and 943 feet or some four to five feet higher than the approved plan. In addition, there is a significant wall above this fill to accommodate the pool itself. Instead of water running parallel down the lot line toward the lake it now runs off a very steep embankment into my yard. At some point rocks were placed along side the pool. I believe this to be a very weak attempt to slow the run off. In short, I believe too much fill has been added to this property. It is understandable that a developer may exceed the approved specifications by 5 to 10 percent but in this case the excess is more than 100 percent. What was once a fairly level yard (looking from my property) is now a highly inclined hill. Water drainage should not be diverted to my property because of this excessive addition of fill. Nor should a swale be built on my property. Thank you for your consideration of this letter. Sincerely, William G. Cornelius EXHIBITH TEMPORAR.~ -CERTIFICATE OF C ,CUP ANCY ITEADDRESS IWNER £AILING ADDRESS City of Orono Buildinf!. and Zoninf!. Department DATE APPROVED: 1625 Sohns Point road R & C Rovick P.I.D. BUILDER 7/2/2004 1711723110003 Pillar Homes 1625 Sohns Point Rd. BUILDING PERJ.V/IT: NO. -~P~0~6~8~35~_ DATE ISSUED 10/13/03 THE FOLLOWING ARE NOTED AS INCOMPLETE OR MISSING. THESE MUST BE CORRECTED OR COMPLETED AND REINSPECTED WITHIN 61 DAYS OR THIS CERTIFICATE WILL BE VOID. Failure to correct these deficiencies will cause occupancy violation citiations to be issued. ,y September 1, 2004 .pply for C.U.P. for fill in front yard hereby agree to make the above corrections and to call.for reinspection within the time allowed: 'Jwner/Contractor Date 'lTART BILLING FOR: City Sewer Thursday, July 08, 2004 White: Owner/Builder Green: Billing Clerk Yellow: File RUN DATE: 7/'lfJ/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 0811723440014 38 0811723440015 38 0911723330007 PROPADDR 1535 BOHNS POINT RD PROPADDR 1595 BOHNS POINT RD PROPADDR 1540 BOHNS POINT RD OWNER NAME JACOB HLNDGS OF BOHNS PT LLC OWNER NAME WILLIAM G CORNELIUS OWNER NAME MARY JANE HAUSER TAXPAYER JACOB HLNDGS OF BOHNS PT LLC TAXPAYER WILLIAM G CORNELIUS TAXPAYER MARY JANE HAUSER NAME/ADDR 500FORDRD NAME/ADDR 1002NDSTN E NAME/ADDR 1540 BOHNS POINT RD ST LOUIS PARK MN 55426 MINNEAPOLIS MN 55413 WAYZATA MN 55391 38 0911723330008 38 1611723220001 38 1611723220002 PROPADDR 1580 BOHNS POINT RD PROPADDR 1600 BOHNS POINT RD PROP ADDR 1640 BOHNS POINT RD OWNER NAME R L ROVICK & C J ROVICK OWNER NAME CONNIE R SWEEN OWNER NAME TL TRAFF & EM TRAFF CO-TRS TAXPAYER ROGER L ROVICK TAXPAYER CONNIE R SWEEN TAXPAYER TL TRAFF NAME/ADDR 1580 BOHNS POINT RD NAME/ADDR 1600 BOHNS POINT RD NAME/ADDR 1640 BOHNS POINT RD WAYZATAMN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 1611723220004 38 16 l l 723220006 38 1711723110002 PROPADDR 1720 BOHNS POINT RD PROPADDR 1725 BOHNS POINT RD PROPADDR 1655 BOHNS POINT RD OWNER NAME DENNIS D ANDERSON OWNER NAME W L HOEFT & AD HOEFT OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER DENNIS D ANDERSON TAXPAYER W L HOEFT & A D HOEFT TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR 1720 BOHNS POINT RD NAME/ADDR 1725 BOHNS POINT RD NAME/ADDR MICHELLE MC NEWMAN WAYZATAMN 55391 WAYZATAMN 55391 1655 BOHNS POINT RD ORONO MN 55391 38 1711723110003 38 1711723110004 38 1711723110005 PROPADDR 1625 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 1629 BOHNS POINT RD OWNER NAME R L ROVICK & CJ ROVICK OWNER NAME DENNIS D ANDERSON OWNER NAME RANDALL A GREEN TAXPAYER ROGER L & CAROLJ ROVICK TAXPAYER DENNIS D ANDERSON TAXPAYER RANDALL A GREEN NAME/ADDR 1625 BOHNS POINT RD NAMEIADDR UNKNOWN NAME/ADDR 1629 BONHS POINT RD WAYZATAMN 55391 ORONO MN 55391 38 1711723110006 38 1711723110007 38 1711723110008 PROPADDR 1635 BOHNS POINT RD PROPADDR 1645 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME SP MOSELEY & SP MOSELEY OWNER NAME P J & KA HALLORAN TRUSTEES OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER STEPHEN P & SUSAN P MOSELEY TAXPAYER PATRICK& KATHLEEN HALLORAN TAXPAYER GRA YOON K NEWMAN JR NAME/ADDR 1635 BOHNS POINT RD NAME/ADDR 1645 BOHNS POINT RD NAME/ADDR MICHELLE MC NEWMAN WAYZATA MN 55391 WAYZATA MN 55391 1655 BOHNS POINT RD ORONO MN 55391 38 1711723110009 38 1711723110010 38 1711723110011 PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & M M C NEWMAN OWNER NAME GK NEWMAN JR & M MC NEWMAN OWNER NAME GK NEWMAN JR & MMC NEWMAN tr-1 TAXPAYER GRA YOON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR ~ NAME/ADDR MICHELLE M C NEWMAN NAME/ADDR MICHELLE M C NEWMAN NAME/ADDR MICHELLE MC NEWMAN .... ~ 1655 BOHNS POINT RD 1655 BOHNS POINT RD 1655 BOHNS POINT RD .... ~ ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 i:... RUN DATE: 7/'lJJ/2004 38 1711723110012 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & M MC NEWMAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17117231 !0013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME G K NEWMAN JR & M MC NEWMAN TAXPAYER GRA YOON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 l CERTIFY THAT THE FACTS REPRESENfED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENJ--\ TOl .. ·JI~BEJ)·A/ . . . }"··-~ OF MY KNOWLEDGE AND BELIEF. -0 (, t;(i .•· . t!l:.1/--'/J. J i /I/"'~,£, 1 . ) DATE I U::,1/ c., ! BY { . L/1/t, • .t:/.r t ..,,./),,,..\_ __ 0/ ( El "-·/ PAGE: 2 ,, 1 1 ~:k,~:I~ ;' 'J~ ~ \,.,J EXHIBITK -z_ -----------=----------·------·~ I I I ' ,,;~ ' ' ' ' ,"ib. :~ ' ' !.~ :Qi ~ : ~":>" ~l-----z:ss~ 360 ~ y,.>-"»to ~~ ti o~eo ,. ~ ;il~ "°~ 0, i ~"> ~Ii '>,?} ~ ~ ii 235.2 NORTH 381.35 -+''---~--.,.....-.....,,.,.,,_--,._,BOHNS POINT RD 225 175 100 150 162.76 ' I 226,94 ' ' I ,, 239.65 150 October 11, 2004 William G. Cornelius 1595 Bohns Point Rd. Orono, MN 55391 Ms. Janice Gundlach, City Planner 2750 Kelley Parkway Orono, MN 55356 Dear Ms. Gunlach: This letter is in reference to land use item 1. #04-3042 to be reviewed by the Planning Commission on Monday, October 18, 2004. I live at 1595 Bohns Point which is immediately north of the property in question. I would like to appear in person. However, I have a previous commitment that evening. In place of my public comments please accept this letter. I understand the city approved a grading plan along with a building permit before this house was built. Moreover, the plan included a certain amount of fill. In some cases, perhaps quite a few, it is not unreasonable that someone building a new house may exceed the parameters set by the city, especially if the builder is in close contact with the city officials and his respective neighbors during the building process. Nevertheless, in this case the nature of grading and the amount of fill brought in grossly exceeds the specifications approved in the builder's plan. These excesses were never reviewed by me, the neighbor, nor to my knowledge were they approved by city officials. The amount of fill approved for this project was 1,650 c.y. It is my understanding that the actual amount brought in was 3,940 c.y. This is an immense amount of new material, more than double what was in the original plan. Much of this fill was placed in the east yard in front of the garage resulting in a new hill. The proposal has this area rising as much as 6 feet. It is now as much as 10 feet higher than the original grade. This immense increase in height has changed the natural drainage pattern. Because of the very steep grade the water in this area now runs rapidly on to my property rather than gradually into the pond as it did in the past. When it rains the water accumulates at the base of this northerly hill (my southern boundary). The ground becomes saturated and virtually mucky. I believe (although I am I f-- not sure) because of this problem a small retaining wall was built toward the bottom of the hill. This does not solve the problem. In addition, a partial swale was constructed parallel to the wall. There are two problems with this swale. First, the depth along the wall is almost non-existent. It is perhaps an inch or two deep. Second, the swale becomes quite defined at the eastern end of the wall just as it takes a very sharp and pronounced tum into my property and then into the pond, rather than continue across the property in question and then to the pond. This sharp departure was built on my property without any consultation or permission from me. A similar problem was created at the back of the house, namely around the northwest side of the house and pool and the south end of the pool. The original contour rose to about 93 8 feet. The building plan shows an elevation of approximately the same height. The actual elevation is between 942 and 943 feet or some four to five feet higher than the approved plan. In addition, there is a significant wall above this fill to accommodate the pool itself. Instead of water running parallel down the lot line toward the lake it now runs off a very steep embankment into my yard. At some point rocks were placed along side the pool. I believe this to be a very weak attempt to slow the run off. In short, I believe too much fill has been added to this property. It is understandable that a developer may exceed the approved specifications by 5 to 10 percent but in this case the excess is more than 100 percent. What was once a fairly level yard (looking from my property) is now a highly inclined hill. Water drainage should not be diverted to my property because of this excessive addition of fill. Nor should a swale be built on my property. Thank you for your consideration of this letter. Sincerely, William G. Cornelius CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION August4,2004 Pillar Homes KC Chermak 125 Lake Street West Wayzata, MN 55391 SUBJECT: Zoning Application #04-3042 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for an after-the-fact conditional use permit for fill for property located at 1625 Bohn's Point Road. Below is a list of items the City of Orono is requesting to complete our review: • A survey showing topography post-fill and topography pre-fill in 2' contour intervals for the entire property (the City has separate surveys showing this information however one survey combining the post-fill and pre-fill grades is necessary to accurately calculate the amount of fill brought onto the site and where that fill was placed). • The above referenced survey should also include topography 50' beyond 1625 Bohn's Point Road property boundaries. The City must verify how the fill has affected drainage on the neighbor's property as the Ordinance does not permit grading within 5' of the property boundaries (other than for the creation of a drainage swale). • The survey submitted with the building permit indicates swales along the north and south side property boundaries. The most recent survey dated 7-20-04 doesn't indicate that these swales were ever constructed. Please verify this as all drainage must be controlled within the property boundaries. • Lastly, the most recent survey shows locations of a number of retaining walls which were not noted on the survey submitted with the building permit. Please verify that all retaining walls now constructed on the property are shown on the survey and indicate what their setbacks are to the side property boundaries. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Application #3042 is incomplete. If you wish to proceed with your application please submit the items requested above by August 10, 2004 by 12:00 Noon to remain on the August 16, 2004 Planning Commission agenda. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono Janice Gundlach City Planner w ~ <{ _J I I I I ;1 I J I I / :1 ( I ! ~ I I \ / f\ J I ( \1! 1/\ \ I I I I I I I \ I \ I J I I I I \ \ I I I I I / / \ \ \ / \ J / / I I I \ \ \ \ \ \ \ 179.76 \ \ ro+-I I -=-=-~~ - I I EXISTtlG HOUSE \ \ LEGAL DESCRIPTION OF PREMISES: Lot 9, Auditor's Subdivision No. 349, Hennepin County, Minnesota o : Iron marker Bearings shown ore based upon on assumed datum REVISIONS DESIGl'Ell DA TE BY REMARKS I HEREBY CERTFY THAT THIS PLAN, SPECFlCATION, OR REPORT WAS PREPARED BY ME OR l.WER MY DRECT Sl.f'ERVISION ANO THAT I AM A DULY LICENSED PROFESSIONAL ENGKER LtIDER DRAWN THE LAWS Of THE STATE Of MINl'£SOTA. odcftiordt narthoit-o.i. >---+--+-----------1==1---~~~~-4-~~~:$_-~ DATE 04-2910 N 90° 00' 00" E 402.26 ------- ' _) ', "'-" TOPOGRAPHIC SURVEY FOR PILLAR HOMES OF LOT 9, AUDITORS SUBDIVISION NO. 349 HENNEPIN COUNTY, MINNESOTA \ \ \ ~ I I I I l s "' / / / -S--S~.30•~.E / --------- / ----/ I / / I / / I / I / / "-/ _/ ---------- ------------/ / ,,.--- / _./ -~ "- " ". GRONBERG & ASSOCIATES, INC. CivTI £ngineers, Land Surveyors, Land Planners 445 North WiRow Drive, Long lake, MN 55356 952-473-4141 Cl <( 0 a::: OATIS 7/20/04 SC'1.E 1"=20' J08 NO. 04-2910 ~ st£E1S ~'OR CITY USE ONLY City of Orono P.O. Box 66 Date Received: ____ Penn it# ___ _ 2750 Kelley Parkway Crystal Bay, MN 55323 (952) 249-4600 Amount: $ ___ _ C.U.P Filed: __ _ Approved By: ____ Site Plan: ___ _ Recommends: A roval D Denial D CITY OF ORONO -USER DEFINED/GENERAL PERMIT (All pe1111its must be approved by the Building Official and/or Zoning Department) I Job Site/ Owner Infom1ation: Site Address: Owner: City: (];, 12cl '?_vu, ~k ll1v1 Mailing Address: Zip: Home Phone: Alternate Phone: I Contractor I Applicant hlformation: Contractor/App.: ?r //ag lfufJJ Contact Person: Address: /J.. S-loj& --;.+ State License #: City: Phone: Zip: /11//.(,.1. 4 7, -J-5 <";;-c Expiration Date: Alternate Phone: TYPES OF USER DEFINED PERMITS·••· D Stairway to Lake General -User Defined Surcharge * (PerUBC) *Estimated Cost: $ ___ _ D Docks -42" or Greater General -User Defined Surcharge D Commercial -(Per UBC) * Estimated Cost: $ ___ _ General -User Defined D Residential -$30.00 D Tree Removal General -User Defined * Within 0-75' -$30.00 D Retaining Walls General -User Defined Surcharge * (Per UBC) * Estimated Cost: $ ____ _ ·,~ Land Alteration General -User Defined J;;j~ 0-500 Cubic Yards $50.00 (Needs Site Plan) D 501+ Cubic Yards $50.00 (Needs C.U.P.) - I(<! cWr111 wlt- :10 d I '?/7 <or- D Temporary Trailer General -User Defined * $30.00 D Zoning Review General -User Defined *For0-75' Zone-$30.00 I herby apply for a User Defined Permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the Ordinances and Codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a pennit; and that the work will be in accordance with the approved plan. dav,Lg,. ~ 7 /2-o /4.; Applicant Date CITY OF ORONO -GENERAL LAND USE APPLICATION Application# 0 tJ -1xJ l-J-Z, Date Received A-~'& my Amount Paid1l J:: jo PROPERTY LOCATION f"\ A Site Address /hJS-'3ah"1~ Pf-Re, Type of Application to be Filed -------,------,-----::=------- Property Identification Number (P.1.0.) / '7 // 7 7). 3 II C,C,0 3 ~=~;ICANT Iii 73· Jkt-!/!;me~ Phone (home) 't:5a-47~-a~SI Phone(work) _--,-______ _ Address lolS: L4te-ft= W City UJ4tzab Zip $£3<// OWNER (if dj.flerent than applicant) ?:· _ Name JCo(}et + &P<JL ~tde . Phone (home) fo~ 4-?1-Phone (work) ________ _ Address /{p'J,f; _J21J t\~ pt Rd City t!Jl!IMO Zip ss~q I Date Property Acquired /0 I J ID~ (month/year) I (do) (do not) also own the adjacent parcefs of fand. FEES -CONDITIONAL USE PERMITS - ---$600.00 Residential Accessory Use ---$600.00 Institutional (church, school, etc.) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use --- $600.00 Land Alteration+ Permit ~-Grading and filling -designated wetland or floodplain X Grading and filling -501 cu. yd. or more __ Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule --- ---$250.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation ---$600.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ---___ $600.00 Rezoning (PUO -refer to fee schedule) ---$600.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 4 2 t ' REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9 . 1--. Completed Application Form. 6 Describe request in detail. 'f--Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910). --Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey . '1', Topographic survey (existing and proposed contours) if land alterat ions involve changes in elevation (grades). Y,. . List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) · if not current owner(s). }(.. Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted .) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included . Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature c;jff ~ Date zi;io/ 64 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ~-~ Date zkvz /41, Applicant must have all submittalsinthe City offices 25 days before the Planning Commission Meeting . Planning Commission Meetings are held on the third Monday of each month . Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting . City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .*) Street Address: 2750 Kelley Parkway Orono , MN 55356 Main : 952-249-4600 Fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 F?r Office Use Only:Jl ~ ''/~:'J 11 ~I City Planner: IJL.LL ~ / 11, Meeting Date/Time :' ___ --_,__11-1-"'--VI_.___ _____ _ PC Date : t What is the purpose of a pre-application meeting? ,Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedu res and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY IN FO RMATION: Site Address: /u;J..Ti": l?orit/6 Pf-J?d Property Identification Number (PIN): __ /-'--7 -'-/,_/)-<-"'~'-"~-'J ...... /_,6,...,,0.._0=-:3_-__________ _ Zoning District: ______ Size of Property: _______________ _ DESCRIPTION OF REQUEST: □Res .Access .Use □ Comm I lndust Use D Other: OTHER INFORMATION: □ Institutional ,~yuest House/Guest Apt □ Duplex Credit/Bldg □PRO/ PIO ~and Alteration □ Comm Site Plan Review *Please note: Your application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: dOAAf~ Date: zk lai Tax Report Page 1 of 1 HENNEPIN COUNTY COMPLETE TAX REPORT PID # 1711723110003 IPLAT PROPERTY TYPE: R-Residential lT AX YEAR: 2003 Property Information for: 1625 BOHNS POINT RD ORONO MN 55391 Subdivision (Addition) AUDITORS SUBD. NO. 349 Lot/ Block 9/ School District 278-ORONO Parcel Size 120 X400 Cnty Prop Type Code RL Acres Hmstd Code N -Non Homestead Mpls Prop Type Code Year Built 2003 Hmstd Code Last Yr N -Non Homestead Legal Description AUDITORS SUBD. NO. 349 AUDITOR'S SUBD. NO. 349 LOT 009 BLK Owner/Taxpayer Information Owner Name , Address R L ROVICK & C J ROVICK , Taxpayer Name , Address ROGER L & CAROL J ROVICK, 1625 BOHNS POINT RD WAYZATA MN 55391 55439 Market Values / Taxes / Subrecord ( Henn: Taxes do not reflect solid waste fee: Tot mkt Val x .0001898) Market Values Taxes Subrecord Status Land: $1,680,000 Base Tax: $9,923.28 Watershed 3 Building: $1,000 Assess Amt: $0.00 Delinquent Status Total: $1,681,000 Tax w/ Asmnt: $9,923.28 Green Acres / G.A. SqFt Sales Information Most Recent Sale Date 6/1/2003 Most Recent Sale Price $1,800,000 Most Recent Sale Code 0-Other Previous Sale Date Previous Sale Price Previous Sale Code W -Warranty Deed Detailed Dwelling Characteristics Gross Bldg. SqFt Livable SqFt First Floor SqFt Second Floor SqFt Basement SqFt Garage SqFt Deck/ Patio Sq Ft Porch SqFt Pool / Pool SqFt Lot SqFt Room Schedule Room Type Bedrooms Family Room Living Room 1362 Building Style OTHER Number of Stories 1.5 Tot Bedrms/ Baths 962 Building Shape Family/ Living Rm 400 Building Condition Good Dining / Other Rm 962 Building Construction Wood 2x4 Kitchen 460 Garage Type/ Capacity ATTACHED/2 Fireplaces I Roof Type / Cover Gable I Asphalt Heat Exterior Walls Stucco Air N/0 Interior Walls Sheetrock Total Rooms 69000 Lot Size IRREGULAR Lot Zoning Bsmt Fl 1 Fl2 FI3 Room Type Bsmt Fl 1 Fl2 Fl3 Room Type Bsmt 0 1 2 0 Baths Full 0 0 1 0 Kitchen 0 1 0 0 0 Baths 3/4 1 1 1 0 Fireplace 0 0 1 0 0 Baths 1/2 0 0 0 0 Other Room Report Date: Wed, Jul 21, 2004 11 :01 AM Information 1s Believed To Be Accurate But Not Guaranteed MarketLinx "·· Software Copyright© Interactive Data Development, lnc.1997-2004 All Rights Reserved All information contained herein is for the exclusive use of authorized MLS Subscribers: Copyright© 2001-2004 Regional Multiple Listing Service of Minnesota, Inc. All Rights Reserved. For NorthstarMLS problems or suggestions please contact the Help Desk or call 651-251-5456. Fl 1 1 1 http://ternpo.northstarmls.com/Tax/Scripts/Anoka/Prt.asp?idlist=%22H1711723110003%22&where=& ... 3/4 1 / 1 1 / 0 1 0 7 Fl2 FI3 0 0 0 0 07/21/2004 PILLAR HOMES PARTNER Date: July 21, 2004 Re: 1625 Bohns Point Rd. Conditional Use Permit Application This is a very large home site, with lakeshore to the west, frontage on Bohns Point Rd. and a street side pond to the east. Upon receiving a building permit on 10/13/03, Pillar Homes started construction of a new home on this site. The home was placed and built exactly in accordance with the home plans for the lot submitted for permit. This home is nestled next to a small knoll or hill on the north lot line, with additional dirt raised around the home. Most of the dirt was hauled in and placed on the east (non-lake) side of the home in the fall of 2003, and has been allowed to settle over the winter. Months later, after a very thorough, professional landscape plan was created which included final grade and planting schedule, retaining walls etc, we submitted the landscape plan to the Orono staff, not knowing that we needed a review for grading and/or dirt brought in in excess of 500 cubic yards. This CUP grading request is now before you already vigorously reviewed by Staff and all changes requested to the original grading plan have been implemented on site and approved by Staff and City Engineers as instructed. Since the original grading plan required a large amount of dirt to be brought to the site, and the house plan was approved, we simply backfilled the foundation that was approved to be installed. We had no plan to deviate from our original survey. However, our foundation wall height that was on the approved survey was misinterpreted slightly on the original elevations on the permit survey. This unknown difference was discovered on the landscaping plan, and all changes that staff required to prevent improper water flow were implemented. Drainage swailes and retaining wall, draintile and other requests were fair and implemented on site, to assure all code and regulations were met. We therefore request a conditional use permit for grading of dirt brought to the property in an amount in excess of 500 yards. Thank you for your consideration. Carol & Roger Rovick 1625 Bohns Point Rd. ,-~ '" ;~ 0 .w :'.: ;J.~i lit ~~ ~ ~· ~ .#:I ·.;,~~---. ~ KC Chermak Pillar Homes 42 PILLAR HOMES PARTNER, 125 Lake Street West, Wayzata, MN 5391 Phone: 952.473.2351 Fax: 952.473.8317 www.pillarhomes.com City of Orono P.O. Box 66 . • : Fr '":ITY USE ONLY Date Received:· ____ · Permit # ___ _ 2750 Kelley Parkway Crystal Bay, MN 55323 (952) 249-4600 -Amount: $ ___ _ C.U.P Filed: --- . •Approved By: ____ Site Plan: ---,- . ~ecom~ends: . ~ roval O Denial O . CITY OF ORONO -USER DEFINED/GENERAL PERMIT (All pennits must be approved by the Building Official and/or Zoning Department) I Jo~.S~te,/ QwriefJ q#,ormation : . Site Address: Owner: Mailing Address: City: Zip: Home Phone: Alternate Phone: I 'c'ontractor/A.pp1icant Information: . Contractor/App.: Yr //aR !-/orrwJ Contact Person: Address: /J. S-Laju; 1f State License #: City: Phone: warzdc< Zip: Mtt gsa-472 --~55:l Expiration Date: Alternate Phone: TYPES OF USER D~FINED PERMITS ; D Stairway to Lake General -User Defined Surcharge * (PerUBC) *Estimated Cost: $ ___ _ D Docks -42" or Greater General -User Defined Surcharge D Commercial -(Per UBC) * Estimated Cost: $ ___ _ General -User Defined D Residential -$30.00 D Tree Removal General -User Defined * Within 0-75' -$30.00 D Retaining Walls General -User Defined Surcharge * (Per UBC) * Estimated Cost: $ ___ _ ~ Land Alteration General -User Defined ~ 0-500 Cubic Yards $50.00 (Needs Site Plan) D 501+ Cubic Yards $50.00 (Needs C.U .P.) - 1¢o Cµt(mvJ/{ :2oJ I ?J? <o-S- 5 /4~ D Temporary Trailer General -User Defined * $30.00 D Zoning Review General -User Defined *For0-75' Zone-$30.00 I herby apply for a User Defined Permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the Ordinances and Codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. ~fl,-~ Date )~ .f>.."' 1 08-117-23-44 I 17-117-23-11 1 ' ' ' :~ :~ \i (9) 1H_9tJ ~, ... :fl" ', l ~~t \r-z \~ i ,\ 19t-,--\-~t;. \o, ,.., ~~ fDD t, "'" ;1 !§ ;1 £--- ~ ~ 238. 71 N89"40W m .87 , -v~ (14) -e_• AUD NO <9. % ~..>,. 2 (15) .5~9-~ si)ao (3) 349 1Q5 , .. N ~ ::: !\ I I 1,, '½. -,6'2 ----- i!!lo LOT4 (6) (4) (5) (6) (8) 266.8 Do•14 • c l :El (3) LOT3 (4) I ' I •"! ,- "" ' I ' ' _!,"-~ 1 09-117-23-33 1 i 16-117-23-22 1 \i \~ ' I g101 ~-\ ------~~ ---~-i -C\l - ~ Cfj RUN DATE: 7/')J.J/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: 1 PROPERTY OWNERS LIST 38 0811723440014 38 0811723440015 38 0911723330007 PROPADDR 1535 BOHNS POINT RD PROPADDR 1595 BOHNS POINT RD PROPADDR 1540 BOHNS POINT RD OWNER NAME JACOB HLNDGS OF BOHNS PT LLC OWNER NAME WILLIAM G CORNELIUS OWNER NAME MARY JANE HAUSER TAXPAYER JACOB HLNDGS OF BOHNS PT LLC TAXPAYER WILLIAM G CORNELIUS TAXPAYER MARY JANE HAUSER NAME/ADDR 500FORDRD NAME/ADDR 100 2ND STN E NAME/ADDR 1540 BOHNS POINT RD ST LOUIS PARK MN 55426 MINNEAPOLIS MN 55413 WAYZATAMN 55391 38 0911723330008 38 1611723220001 38 1611723220002 PROPADDR 1580 BOHNS POINT RD PROPADDR 1600 BOHNS POINT RD PROPADDR 1640 BOHNS POINT RD OWNER NAME R L RO VICK & C J RO VICK OWNER NAME CONNIE R SWEEN OWNER NAME TL TRAFF & EM TRAFF CO-TRS TAYn\YER ROGER L ROVICK TAXPAYER CONNIE R SWEEN TAXPAYER TL TRAFF NA ADDR 1580 BOHNS POINT RD NAME/ADDR 1600 BOHNS POINT RD NAME/ADDR 1640 BOHNS POINT RD WAYZATAMN 55391 WAYZATAMN 55391 WAYZATAMN 55391 38 1611723220004 38 1611723220006 38 1711723110002 PROPADDR 1720 BOHNS POINT RD PROPADDR 1725 BOHNS POINT RD PROPADDR 1655 BOHNS POINT RD OWNER NAME DENNIS D ANDERSON OWNER NAME W L HOEFT & AD HOEFT OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER DENNIS D ANDERSON TAXPAYER W L HOEFT & A D HOEFT TAXPAYER GRA YOON K NEWMAN JR NAME/ADDR 1720 BOHNS POINT RD NAME/ADDR 1725 BOHNS POINT RD NAME/ADDR MICHELLE M C NEWMAN WAYZATAMN 55391 WAYZATAMN 55391 1655 BOHNS POINT RD ORONO MN 55391 38 1711723110003 38 1711723110004 38 1711723110005 PROPADDR 1625 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 1629 BOHNS POINT RD OWNER NAME R L RO VICK & C J RO VICK OWNER NAME DENNIS D ANDERSON OWNER NAME RANDALL A GREEN TAXPAYER ROGER L & CAROL J RO VICK TAXPAYER DENNIS D ANDERSON TAXPAYER RANDALL A GREEN NAME/ADDR 1625 BOHNS POINT RD NAME/ADDR UNKNOWN NAME/ADDR 1629 BONHS POINT RD WAYZATAMN 55391 ORONO MN 55391 38 1711723110006 38 1711723110007 38 1711723110008 PROPADDR 1635 BOHNS POINT RD PROPADDR 1645 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME S P MOSELEY & S P MOSELEY OWNER NAME P J & KA HALLORAN TRUSTEES OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER STEPHEN P & SUSAN P MOSELEY TAXPAYER PATRICK & KATHLEEN HALLORAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR 1635 BOHNS POINT RD NAME/ADDR 1645 BOHNS POINT RD NAME/ADDR MICHELLE M C NEWMAN WAYZATAMN 55391 WAYZATA MN 55391 1655 BOHNS POINT RD ORONO MN 55391 38 1711723110009 38 1711723110010 38 1711723110011 PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & MMC NEWMAN OWNER NAME GK NEWMAN JR & MMC NEWMAN OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER GRA YOON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN NAME/ADDR MICHELLE MC NEWMAN NAME/ADDR MICHELLE M C NEWMAN 1655 BOHNS POINT RD 1655 BOHNS POINT RD 1655 BOHNS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RUN DATE: 7/']f)/2004 38 1711723110012 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 1711723110013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS OF THE HENNEPIN {X)lJNfY TAXPAYER S1t7o DEPAR~~. TO · E)~u/. ··~:. . ... }0··········- 0F MY KNOWLEDGE AND BELIEF. -7 ,1,;"') O.lL 1 / ✓a 14 .~~ 16: DATE / I (.,K./ T BY { / . f · y,t::;, . PAGE: 2 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. · 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. 2 1et L~ Cht2aL J:. E,u,dt:. First Middle Last J2(J hlll? Pt Address ()720'00 City /!)n I understand my rights as stated above. /7 / /)•/A C-.!.£vUI-Cf). . &z~ Signature 7 6539( State Zip 9SD-47{ -31?& Phone STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#04-3042, as mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 8th day of October, 2004 . li:.........x.&~~~'L...L.L..:.--~/ =====-~ Denise M . Leskinen ,am tTee nmtmg Use Avery® TEMPLATE 5160® 38 0811723440014 Jacob Hlndgs. OfBohns Pt. LLC 500 Ford Rd. St. Louis Park, MN 55426 38 0911723330008 Roger L Rovick 15 80 Bohns Point Rd. Wayzata, MN 55391 38 1611723220004 Dennis D. Anderson 1720 Bohns Point Rd. Wayzata, MN 55391 38 1711723110003 Roger L. & Carol J Rovicl<: 1625 Bohns Point Rd. Wayzata, MN 55391 38 1711723110007 Patrick & Kathleen Halloran 1645 Bohns Point Rd. Wayzata, MN 55391 www.avery.com 1-800-GO-AVERY 38 0811723440015 William G. Cornelius 100 2nd St.NE Minneapolis, MN 55413 38 1611723220001 Connie R. Sween 1600 Bolms Point Rd. Wayzata, MN 55391 38 1611723220006 W L Hoeft & AD Hoeft 1725 Bohns Point Rd. Wayzata, MN 55391 38 1711723110005 Randall A Green 1629 Bohns Point Rd. Wayzata, MN 55391 A'&!31A'1'·09·008·i WOJ'A.l8/\'2'/\J\/\J\/\fl ~ .AVERY® s150® 38 0911723330007 Mary Jane Hauser 1540 Bohns Point Rd. Wayzata, MN 55391 38 1611723220002 T L Traff & E M Traff 1640 Bolms Point Rd. Wayzata, MN 55391 38 1711723110002 Graydon K. Newman Jr. Michelle MC Newman 1655 Bohns Point Rd. Wayzata, MN 55391 38 1711723110006 Stephen P & Susan P Moseley 1635 Bohns Point Rd. Wayzata, MN 55391 @O'HS 31l'ifldl!\J31 /1J@A'I;/ i'lSf'l 5LI!IU!,1d ee,1~ wef CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 18, 2004, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. #04-3042 2. #04 -3052 ., :) . #04-3053 4. #04-3054 5. #04-3055 6. #04-3056 7. #04-3057 8. #04-3058 9. #04-3059 10. #04-3060 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd, LR-lB zoning district, requests an after-the-fact conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence. Eric Vogstrom, 2618 Casco Point Road, LR-1 C zoning district, requests a side street setback variance to permit construction of a new principal residence to be located 1 O' from platted right-of-way when 15' is normally required and a hardcover variance within the 75'-250' zone to pe1mit 58% hardcover when 25% is normally allowed. Bart and Betsy Butzer, 2625 North Shore Drive, LR -lA zoning district, request a lake setback variance in order to construct a dormer over the existing structure located within 75' of the OHWL of Lake Minnetonka. Jon and Gail Blackstone, 4475 Forest Lake Landing, LR -lB zoning district, request lot width.variance in order to construct a new residence on an existing lot and a variance to permit an accessory building to be located nearer the street or front lot line than the principal structure. Dr. Martha Spencer, 1005 Willow Drive S, RR-lB zoning district, requests a hardcover variance for the 0-7 5' lake setback zone in order to construct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. Dennis V. and Evelyn N. Bruce, 3435 Livingston Avenue, LR -1 C zoning district, request a variance to permit an accessory building to be located nearer the street or front lot line than the principal structure. Don Henderson, 560 Big Island, RS zoning district, requests a lot area variance to permit construction of a seasonal cabin on a lot 3 .33 acres in size when 5 acres is normally required. Timothy Zwart, 3970 North Shore Drive, LR-1 C zoning district, requests a lot area, lot width, and hardcover variance for the 75' -250' zone in order to construct a new residence on an existing lot. James Render, 1335 Tonkawa Road, LR -1 C zoning district, requests a conditional use permit in order to construct a cupola with a peak height of 42.5 feet. Michael and Donna Ebertz, 1220 Tonkawa Road, LR-lB zoning district, 11. #04-3061 12. #04-3062 13. #04-3063 request an after-the-fact conditional use permit and hardcover variance for the 0-75' zone to permit land alternations and boulder walls within 7 5' of the OHWL of Lake Minnetonka. Gary Hansen on behalf of Bill and Robin Grierson, 1989 Fagerness Point Road, LR-1 C zoning district, request hardcover variances for the 0-75' and 75'-250' lake setback zones in order to construct an addition. John Terrance Homes LLC, 26:XX Kelley Parkway (Outlot E, Stonebay), PUD zoning, requests a final plat and PUD site plan amendment for construction of a 62-unit condominium building. WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zoning district, requests a conditional use permit amendment in order to install additional lighting in the parking lot. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by October 11, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission To be published the week of October 3, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 Affidavit of Publicat1un State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the req~i:e- ments constituting qualifications as a qual1f1ed newspaper, as provided by Minnesota Statute 331 A .02 , 33IA .07, and other applicable laws, as amended. B.) The printed,_'f~..__,,=---· .::::b=-'~•·--=c:__ __ h--€.A-=-c· =-<'---i ~--er- 0-.,1,0 s ' which is attached was cut from the columns of said newspaper, and wys printed and pu_blished o_nce each week for · successive weeks. It was first published Saturday, the 2 day of O c:-\-- and ~thereafter printed and published every Saturday, to and including Saturday, 20 ()'--/ the __ day of ________ 20 __ _ ~~zed Agent ;_ . ,_ ,,., ,,.~--., .. .,,,·,~-►. ...... ,'-, • .......,.,.,,..,.,..,:,..., -· -"w .,· ~-s·,,: -~, Subscribed and sworn to me on this O 4 2-day of O c_,,,.+-, 2 0 __ _ LE.GAL NO.TICE . , requests a lot area variance to· permit co~: , CITY OF ORONO struction of a seasonal cabin on a lot 3.33 ·. 2750 Kelley.'l>arkway, P.O. Box 66 acres in size when 5 acres 1is normally ,,, · _ .Crystal Bay, MN 55323-· . .. _ re,q·uired .. ,;;phone (952) 249-:4600 'Fax: (952) 249;-,;>.· · _-.·. • . . 1 --· 'y..:'_:~.t: ;0 -i · . ~6_16·?-;, ;, .--,;;~-;,;;·,.r0i.;t\i • _ :-!l. · #_04;-3058 Timothy Zwp.rl, ··:· -, : . ·, ~•· , . i . ''!-' · ·· : .,. "· 8970 North Shore Drive LR ·~ 1 C zoning ·:: •. ;:'·N~ICE .OF p1J'et;1~·l-lt:Al3:1~·'.;··_ ,· .. distript, requests a lot ar~a, lot width, and,' :; ,.·-."·•_ · .. , -.: .. ::.:,,._-_··. ;-.~-·.·hardcove r yariance'for the 75 '-250' zone .: : ·, -T/le Plannfng · Corrimissioh wi!I -hold •· · in order to construct a new reside.nee· on . , public. ·~eari'ngs in the . Orono ., Bouncil ·an .existing lot. · 1 _:Chambers at 278~Kelley Parkway on !''Monday, Clctober 18, 2004, beginning .at •,· o:60 p.ll1'.'•01Hhe matter ·of 'revieWing the. following land use 'applications: . , 1: . #04-3042 . Pillar Homes .on . 9. -#04-3059~ James . -Render, 1335 Tonkawa Road, 'LR -1c zoning dis-.. trier, requests a: c,onditionfl l use perm;t in . order to construct a cupola with .a peak height of 42.5 feet.· · ·. behalf of Roger & Caro( Rovick, · 1525· Bohns Point Rd ,· · -10. #04-3060 -.Mich:ael · and 'i tR -1 B zoning district, rl'lque'sts an Donna Ebertz, 12_20 To~_kawa Road , LR - i after-the:fact conpitiorial . -use ·permit . tor' , 1 B zoning d1stnct, request an after-the- .\ gradif]g and fill in' excess pf 500 cubic .: . fact,concjiti_onal use permit and hardcover yards in conjunction with the construction· . · variance for ·the 0-75 ''zone to ·perinit ·1ahd o( a new residerice. . ' ' · :aiternations and boulder walls witliin75'·of,. . • ' . . the OHWL of -Lake Minnetonka.. · • ·-'.\ , · ...• 2. · #04-3052 ·Eric ·'.._, Vogstrom, ·,_-. ' !;:'.- 12618 Casco · Point Road, l-.R -1 C zoning 11. -·. -#04-3061 · Gary· -Hansen o;B, ' oistrict, req uests a side street setback behalf of Bill and Robin Grierson, 1989 / varianc;:e to permit construction of a new ·F,agernf)ss· ·Point Road, ·LR -l C · zoning , principal residence to be located 1 O' from district, request hardcover variances for platted right-of-way wher 15' is ·n!)rrrally the 0-75' and 75 '-250' lake setbackzone_s required and a ha.rd99ver _ vp.riance within ifl .order to cpnstruct an addition. the · 75'-250' zone to pei:mit 58 % ha,rdcov~ -~ - l··er ~hen 25 % is 11orrnally _~lowed. ,. : ,·, 12 . #04-3062 ·John _ · Terrance , --· H 9mes l,1.C, 26XX Kelley Parkway _(Outlot r 3: .' #04;-~053 B~rt ~nd . Betsy E, ?t2nebay), PUD. zoning,._ ·requ ests a· Butzer, 2625 Nor;th Shore Qrive, LR:--1A · _finar plat and Pl!JD site ,plan amendment zoning district, .. request a lake setback . for construction of a ·s2-i.mit condominium I variance . in orde"r to construct .a dormer ·: building.· · i . , · over the existing ·structure located within . _. , _ '75 '.of the .OHWL ·of .Lake Mi~netonka. ·-'13_ . -#04-3063 WJM ' Properties, 4. /#04-;~054 'J~n · and . Gsi.il I Blackstone, 4475 Forei,t Lake Limping , LLC, 2605 Wes't Wayzata · Bo'ulevard ; Industrial zoning district, r~quests a condi- tiqrial -l/Se permit amendment in ·order to · install a9diUonal lighting in the parkir,g lot. / LR -) 13 ·zoning district, request lot 'width variance ii) order to ·cmnsi~uct a _new Tesi~--- dence on an existing lot ·and-a variance -to ,.. ,. · p~rrriit ail access_ory building'to be .located _ . -All persor;is wishiri_g to be · heard are · nearer the street or front-lot line than the 'encouraged to atten'p 1his -meeting. 'p'rincipfll structwre. · -. Written .com ments . a re · accepted and I · ·' should _ be submitted to the City of Orono / . 5. ' ·#04-.3Q55 Dr. . Martha by October 11, _-2004. · Plans are · p.Vailable I.Spencer, ·1005 Wi!low Drives, RR 7 _.19_ ,for -r!clview in ·the Ci!Y Offices.' For ·an · zoning dist\ict,,r,equesis a har.dcover vari~-; a_ppoir;it(heht, pJease call -(952) 2_49°4600. '.:, ance for the o.75~·1ake -seJl)ack .. zo_ne_.in,. ·, ' ' order to construct patios, walkways, and. a ·City _of O~o_no · , gazebo vvithin 75' of the OHWL of French .By:_ Planning Comrissi_?.n \ -1,L--J-----Lake.:"; · •.. ', '~ ";-·_ ,', L :· •· ;, · •• _ _ , _ _ . -~ _ >:.} °:?:f, -!! --{~ I ' 6 #01-3056 Dennis . V. '_ and 'Mi cha.el p Ga~_ron ; Planning Direc;tor-,. -,~,. By: OJ) M.b ·w..,__,. L4 _ ,dd./,_ . Evelyn N. Bruce , 3435 Li vingston Avenue ;_--. _ . _ _ p bl' 1 LR -1 C zoning d1stnct , request a van-Posted at: Orono City Offices Notary U IC / ance t_o.p~rr111t an acc'essory bu1ld1ng to be · erystal Bay Post Qffice -· · · I located nearer the street or front lot line · , Long Lake Posl Office Rate Information (1) Lowest classified rate ~aid by commercial users for com- parable space : $15.50 per mch. (2) Maximum rate allowed by law for above matter: $1_5.50. (3) Rate actually charged for ab~ve matter: $7.80 per mch. Each additional successive week: $5.40. : _ than ttie princip'\I stru ctu re. f\Javarre Post' Office . · !. 7.. #04,305.7 ·' Don Henderson ,. . (P'ublisheiJ in The Laker and Ihe Pioneer 560_ Big .. Island , RS zoning district, _n?wsj:lapeis ; October~. 2004) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#04-3042, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal_this 10th day of September, 2004. I I " (ii~ ~~~~ Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 20 , 2004, beginning at 6 :00 p .m . on the matter of reviewing the following land use applications : 1. #04-3042 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd , LR-lB zoning district , requests an after-the-fact conditional use permit for grading and fill in ex cess of 500 cubic yards in conjunction with the construction of a new residence. 2 . #04-3045 Robert and Mary Jo Emfield, 3165 North Shore Drive, LR -lB zoning district , request a conditional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30 ' into the required setback, all in conjunction with construction of a new residence. 3. #04-3047 Bruce Meese & Maureen Murphy, 3135 Casco Circle , LR -lC zoning district , request renewal vari ances for lot area, lot width, and hardcover in the 0-75 ' zone and 75' -250' zone to permit construction of a new residence. 4 . #04-3048 Steven & Kathleen Persian, 1005 Hunt Farm Road, RR -lA zoning district, request variances to permit a 2,160 s .f. accessory building to be located in front of the principal residence, to permit the building to be located within the required 30' side yard setback and also to permit the building to be larger than the 1,200 s.f. allowed by City Code. 5 . #04-3049 Woodhill Country Club, 200 Woodhill Road, RR -lB zoning district, requests a conditional use permit to allow a trailer to be located near the barn, to be used as a temporary club office and employee break area dming majo~· remodeling of the main clubhouse for approximately 9 months. 6. #04-3050 Mike and Jeanie McClelland, 2170 Minnetonka Avenue, RR-lB zoning district, request lot area and lot width variances to permit construction of a new principal residence on a lot 0.55 acres in area and 175' in width in a zone which requires 2 acres and 200' of width. 7. #04-3051 Kevin & Julie Fitzpatrick, 356 Westlake Street, LR-lA zoning district, request lot area, lot width and side yard setback variances to permit construction of a new residence on a lot 0 .686 acres in size when 2.0 acres is normally required, 50' of width at the lake and at the 75' setback when 200' of width is normally required and side yard setbacks of 1 O' when 30' setbacks are normally required. 8. #04-3052 Eric Vogstrom, 2618 Casco Point Road, LR-lC zoning district, requests a side street setback variance to permit construction of a new principal residence to be locat.ed 10' from platted right-of-way when 15' is normally required and a hardcover variance within the 75'-250' zone to permit 58% hardcover when 25% is normally allowed. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 13, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono Michael P. Gaff~ 1, Rlii1ming Director l- To be published the week of September 5, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 Jam Free Printing Use Avery® TEMPLATE 5160® 38 0811723440014 Jacob Hlndgs. OfBohns Pt. LLC 500 Ford Rd. St. Louis Park, MN 55426 38 0911723330008 Roger L Rovick 1580 Balms Point Rd. Wayzata, MN 55391 38 1611723220004 De1mis D Anderson 1 720 Balms Point Rd. Wayzata, MN 55391 38 1711723110003 Roger L & Carol J Rovick 1625 Balms Point Rd Wayzata, MN 55391 38 1711723110007 Patrick & Kathleen Halloran 1645 Bohns Point Rd. Wayzata, MN 55391 www.avery.com· .. ..,. ; . ,,.., '? _ ~ .~ Ii&.' .AVERY® 5160® 1-800-GO-AVERY ~ ~ 38 0811723440015 William G Cornelius 100 2nd St.NE Mi1meapolis, MN 55413 38 1611723220001 Connie R Sween 1600 Bolms Point Rd Wayzata, MN 55391 38 1611723220006 W L Hoeft & AD Hoeft 1725 Balms Point Rd Wayzata, MN 55391 38 1711723110005 Randall A Green 1629 Balms Point Rd Wayzata, MN 55391 38 0911723330007 Mary Jane Hauser 1540 Balms Point Rd Wayzata, MN 55391 38 1611723220002 T L Traff & E M Traff 1640 Balms Point Rd. Wayzata, MN 55391 38 1711723110002 Graydon K Newman Jr Michelle M C Newman 1655 Bohns Point Rd Wayzata, MN 55391 38 1711723110006 Stephen P & Susan P Moseley 1635 Balms Point Rd. Wayzata, MN 55391 Affidavit of Publication State of Minnesota, County of Carver. Keith P._ Anderson, being duly sworn .on oath says that he Is an authorized agent and employee of the publisher of the newspaper known as THE LAKER Mound , Minnesota, and has full knowledge of th~ facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07 , and other applicable laws, as amended. B.) The printed V (~ y,_(!,'-U CQ. lcu~. which is attached was cut from the columns of said newspaper, and was printed and published once each week for . I successive weeks: It was first published Saturday, the _±_day of ~pf 20 OY and was thereafter printed and published every Saturday, to and including Saturday, Subscribed and sworn to me on this ()\.\ day of ~(2 +--, 20 0 l\ a . ./~ Notary Public Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matte r: $15.50. (3) Rate actually ~~arged for above matter: $7.80 per inch . Each add1t1onal successive week: $5.40. LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249- 4616 NOTICE -The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 20 , 2004 , begin- ning at 6:00 p.m. on the matter of review- ing the following land use applications: 1.#04-3042 Pillar Homes on behalf of Roger & Carol Rovick , 1625 Bohns Point Rd, L.R -1 B zoning district , requests an after-the-faci conditional use permit for grading and fill in excess of 500 cubic yards in-conjunction with the construction of a new residence. 2. #04-3045 . Robert and Mary Jo Emfield, 3165 North Shore Drive, LR - 1 B zoning district, requ est a co nd itional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30' into the required setback, all in conjunction with construction of a new residence. 3.#04-3047 Bruce Meese & Mau re en Murphy, 3135 Casco Circle, LR -1 C zon- ing district, request renewal variances for lot area, lot width, and hardcover in the 0- 75' zone and 75'-250' zone to permit con- struction of a new residence . 4.#04-3048 Steven & Kathleen Persian, 1005 Hunt Farm Road , RR -1 A zoning district, request variances to permit a 2,160 s.1. accessory building to be located in front of the principal resi- dence, to permit the bullding _to be located within ·the required 30 ' side y:ard setback and also )q permit the building to be larger than the 1,200 s.f. allowed by City Code .' 5.#04-3049 Woodhill Country Club, 200 Woodhill Road , RR -1 B zoning dis· trict, requ ests a con ditional use permit to allow a trailer to be located near the barn , to be used as a temporary club office and employee break area during major remod- eling of the main clubhouse for approxi - mately 9 months. 6.#04-3050 Mike and Jeanie McClelland , 2170 Minnetonka Avenue, RR -1 B zoning district, request lot area and lot width variances to permit construction of a new principal residence on a lot 0.55 acres in area and 175' in width in a zone which requires 2 acres and 200' of width. 7.#04-3051 Kevin & Julie Fitzpatrick , 356 Westlake Street, LR -1 A zoning district , request lot area, lot wid th and side yard setback variances to permit construction of a new residence on a lot 0.686 acres in size when 2.0 acres is nor• mally required, 50' of width at the lake and at the 75' setback ·when 200' of width is normally required and side yard setbacks of 1 O' when 30' setbacks are normally required . 8 .#04-3052 E ric Vogstrom , 2618 Casco Point Road , LR -1C zoning district, requests a side street setback variance to permit construction of a new principal res- idence to be located 1 O' from platted right- of-way when 15' is normally required and a hardcover varia nce within th e 75 '-250' zone to permit 58% hardcover when 25% is normally allowed. All persons wishing to be heard are encouraged to attend this meeting . Written comments are accepted and should be submitted to the City of Orono by September 13, 2004 . Plans are avail- able for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By : Planning Commission Michael P. Gaffron , Planning Director , 1. Posted at: Oro rio City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office '-· ,7"_; (Published The Laker and The Pioneer newspapers September 5 , 2004) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#04-3042, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto se~1;~f August, 2004. Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 16, 2004, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. 2. ,., .) . 4. 5. 6. 7. 8. #04-3010 #04-3022 #04-3034 #04-3037 #04-3040 #04-3041 #04-3042 #04-3043 Theodore Capra, 3534 Ivy Place, LR -1 C zoning district, requests a hardcover variance in order to permit 31 % hardcover within the 75 '-250' zone when 25% is normally allowed and a hardcover variance and lake setback variance to pennit an existing 60 s.f. shed to remain within the 0-75' zone all in conjunction with the construction of a new residence. Philip and Karen Skoog, 280 Tonka Avenue, LR -lA zoning district, request a rear yard setback variance to allow a rear yard setback of 43 feet when 50 feet is normally required in order to construct an addition to the existing home. A Perfect Construction, LLC. on behalf of Robert P. Mack, 1580 Sixth Avenue N, RR -lB zoning district, requests a conditional use permit in order to construct a berm consisting of greater than 500 cu. yd of fill adjacent to Co. Rd. 6. Wayzata Country Club, 430 Old Long Lake Road, RR-lB zoning district, requests a variance in order to construct an addition to an existing maintenance building which will be setback 41 feet from the edge of the Luce Line Trail when 50 feet is normally required and 45 feet currently exists. Dean and Sherry Lundblad, 1290 Arbor Street, RR -lB zoning district, request a side street setback variance to allow a side street setback of23 feet where a 50 foot setback is normally required in order to construct a detached garage. Rebecca Holzem, 3407 East Lake Street, LR-lA zoning district, requests a 75' -250' zone hardcover variance, side, rear and lake setback variances and lot area and lot width variances in conjunction with construction of a new residence on a lot that has 44 feet in width and 4,488 square feet in area where 200' in width and 87,120 square feet is normally required. Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd, LR-lB zoning district, requests an after-the-fact conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence. John C. Holm and Susan M. Kerber, 1485 Bay Ridge Road, LR-lA zoning district, request a side yard setback variance and hardcover variance in order to construct a garage addition and replace an existing deck. 9. #04-3044 10. #04-3045 11. #04-3046 Jennifer Simon, 3925 Cherry A venue, LR -1 C zoning district, requests a rear yard setback variance to allow a home addition to be located within 30 feet of the rear property line. Robert and Mary Jo Enfield, 3165 North Shore Drive, LR -lB zoning district, request a conditional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30' into the required setback, all in conjunction with construction of a new residence. Robert W. and Brenda Zoe MacDonald, 2480 Old Beach Road, LR-lB zoning district, requests an after-the-fact side yard setback variance in order to alter the existing roofline of the detached garage set back 8 .4' from the property line where 10' is normally required and 8.4' currently exists. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by August 9, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Janice Gundlach, City Planner To be published the week of August 151, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 7/'21)/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: 1 PROPERTY OWNERS LIST 38 0811723440014 38 0811723440015 38 0911723330007 PROP ADDR 1535 BOHNS POINT RD PROPADDR 1595 BOHNS POINT RD PROP ADDR 1540 BOHNS POINT RD OWNER NAME JACOB HLNDGS OF BOHNS PT LLC OWNER NAME WILLIAM G CORNELIUS OWNER NAME MARY JANE HAUSER TAXPAYER JACOB HLNDGS OF BOHNS PT LLC TAXPAYER WILLIAM G CORNELIUS TAXPAYER MARY JANE HAUSER NAME/ADDR 500FORD RD NAME/ADDR 1002NDSTN E NAME/ADDR 1540 BOHNS POINT RD ST LOUIS PARK MN 55426 MINNEAPOLIS MN 55413 WAYZATAMN 55391 38 0911723330008 38 1611723220001 38 1611723220002 PROPADDR 1580 BOHNS POINT RD PROPADDR 1600 BOHNS POINT RD PROPADDR 1640 BOHNS POINT RD OWNER NAME R L ROVICK & C J ROVICK OWNER NAME CONNIE R SWEEN OWNER NAME TL TRAFF & EM TRAFF CO-TRS TAXPAYER ROGER L ROVICK TAXPAYER CONNIE R SWEEN TAXPAYER TL TRAFF iE/ADDR 1580 BOHNS POINT RD NAME/ADDR 1600 BOHNS POINT RD NAME/ADDR 1640 BOHNS POINT RD WAYZATAMN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 1611723220004 38 1611723220006 38 1711723110002 PROPADDR I 720 BOHNS POINT RD PROPADDR 1725 BOHNS POINT RD PROPADDR 1655 BOHNS POINT RD OWNER NAME DENNIS D ANDERSON OWNER NAME W L HOEFT & AD HOEFT OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER DENNIS D ANDERSON TAXPAYER W L HOEFT & A D HOEFT TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR 1720 BOHNS POINT RD NAME/ADDR 1725 BOHNS POINT RD NAME/ADDR MICHELLE MC NEWMAN WAYZATAMN 55391 WAYZATA MN 55391 1655 BOHNS POINT RD .,. ORONO MN 55391 38 1711723110003 38 1711723110004 38 1711723110005 PROPADDR I 625 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 1629 BOHNS POINT RD OWNER NAME R L ROVICK & CJ ROVICK OWNER NAME DENNIS D ANDERSON OWNER NAME RANDALL A GREEN TAXPAYER ROGER L & CAROLJ ROVICK TAXPAYER DENNIS D ANDERSON TAXPAYER RANDALL A GREEN NAME/ADDR 1625 BOHNS POINT RD NAME/ADDR UNKNOWN NAME/ADDR 1629 BONHS POINT RD WAYZATA MN 55391 ORONO MN 55391 38 1711723110006 38 1711723110007 38 1711723110008 PROPADDR 1635 BOHNS POINT RD PROPADDR 1645 BOHNS POINT RD PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME SP MOSELEY & SP MOSELEY OWNER NAME P J & KA HALLORAN TRUSTEES OWNER NAME GK NEWMAN JR & M MC NEWMAN TAXPAYER STEPHEN P & SUSAN P MOSELEY TAXPAYER PA TRJCK & KATHLEEN HALLORAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR 1635 BOHNS POINT RD NAME/ADDR 1645 BOHNS POINT RD NAME/ADDR MICHELLE MC NEWMAN WAYZATA MN 55391 WAYZATA MN 55391 1655 BOHNS POINT RD ORONO MN 55391 38 1711723110009 38 1711723110010 38 1711723110011 PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & M M C NEWMAN OWNER NAME GK NEWMAN JR & M MC NEWMAN OWNER NAME GK NEWMAN JR & MMC NEWMAN TAXPAYER GRAYDON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR TAXPAYER GRA YOON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN NAME/ADDR MICHELLE MC NEWMAN NAME/ADDR MICHELLE MC NEWMAN 1655 BOHNS POINT RD 1655 BOHNS POINT RD 1655 BOHNS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RUN DATE: 7/'}JJ/2004 38 1711723110012 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & M MC NEWMAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 SOHNS POINT RD ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 1711723110013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GK NEWMAN JR & M MC NEWMAN TAXPAYER ORA YDON K NEWMAN JR NAME/ADDR MICHELLE MC NEWMAN 1655 SOHNS POINT RD ORONO MN 55391 I CERTIFY THAT THE FACTS REPRESENfED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTYTAXPAYERSERVICES DEPARTMENJ--\_ TOJ_ Jf~Plj)·~e,. -) ---~ OF MY KNOWLEDGE AND BELIEF. .-.//t1 io_U _.-· •lLtfj / / .· ~ / -•~ r . DATE (.);./ / I BY f i U 1,, 1{J.Le./.,,, t ""-<"'Y \__ I ' I (_,,,.., / I \,___/ PAGE: 2 '/'~ 11 ,, 1 1 ~t:~:1~ t' '.r~ LEGAL NOTICE CITY OF ORON·o 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 -NOTICE The Planning ' Commission will hold public hearings in tt}e Orono Council Chambers at .2780 Kelley parkway on Monday, · August 16 , 2004, beginning at 6:00 p.m . on the matter·.o( reviewing the following land use appHcations : 1 . #04-301 O Theodore Capra , 3534 Ivy Place , LR -1 C zoning district, requests a hardcover variance in order to permit 31% hardcover within the 75 '-250' zone when 25% is normally allowed and a hardcover variance and lake setback vari- ance to permit an existing 60 s.f. shed to remain within the 0-75' zone all In con- junction with · the construction of a new residence . 2. #04-3022 Philip and Karen Skoog, 280 .TQnka ·Avenue , LR ·-1A zon- ing district; request ' a rear yard setback variance to allow a· rear yard setback cif 43 feet when 50 feet is normally required in order to construct an add ition to the exist- ing honie_. 3. #04-3034 A Perfect Construction, LLC. on behalf of Robert P. Mack, 1580 Sixth Avenue N, RR -1 B zon- ing district, requests a conditional use permit in order to construct a berm con- sisting of greater than 500 cu . yd . of fill adjacent to Co . Rd. 6. 4. #04-3037 Wayzata Country Club, 430 Old Long Lake Road , RR -1 B zoning district, requests a variance in order to construct an addition to an exist- ing maintenance building which will be setback 41 feet from the edge of the Luce Line Trail when 50 feet is normally ., required and'45 feet currently exists: 5. #04-::1040 Dean and Sherry Lundblad , 1290 Arbor Street , RR -1B zoning district, request a side street set- back variance to allow a side street set- back of 23 feet where a 50 foot setback is normally required in order to construct a detached garage. 6. #04-3041 Rebecca Holzem, 3407 East Lal<e Street, LR -1 A zoning district , requests a 75'-250' zone hardcover variance , side, rear and lake setback variances and lot area and lot width variances in conjunc- tion with construction of a new residence on a lot that has 44 feet in width and 4,488 square feet in area wh _ere 200' in width and 87,120 square feet is normally required. 7. #04-3042 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Sohns Point Rd , LR -1 B zoning district, requests an after- the-fact conditional use permit for grading and fill in excess of 500 cubic yards in conjunction with the construction of a new residence . 8. #04-3043 John C. Holm and Susan M. Kerber, 1485 Bay Ridge Road , LR -1 A zoning district, request a side yard setback variance and har,pcover vari- ance in orqer to construct a garage addi- tion and replace an exisiing deck. 9. #04-3044 Jennifer Simon, 3925 Cherry Avenue, LR -1 C zoning dis- trict, requests a rear yard setback vari - Affidavit of Publication State of Minnesota, County of Hennepin. Eri~ Serrano, being duly sworn on oath, says that he IS an authorized agent and employee of the publisher of the newsoaper known as THE 1 1:,.vcr, • • 3sota, and has full ance to allow a home addition to be loc at- ed within 30 feet of the rear property line. ch are stated below: 10. #04-3045 Robert and Mary Jo Enfield , 3165 North Shore Drive, LR - 1B zoning district, request a conditional use permit for fill in excess of 500 cubic yards and an average lakeshore setback variance to allow the proposed pool to encroach approximately 30' into the requ ired . setback, all in conjunction with construction of a -new residence . complied with all the g qualifications as a -rovided by Minnesota , and other applicable 11 . #04-3046 Robert W. and ). r7 Brenda Zoe MacDonald, 2480 Old Beach !...X Road , LR -1 B zoning district, requests an after-the-fact side yard setback variance in order to alter the existing roofline of the detached garage set back 8.4' from the property line where 1 O' is normally required and 8.4' currently'exists: All persons wishing to be heard are · encouraged to · attend · this meeting . Written comments are accepted and should be ,submitted to the City of Orono by August 9, 2004 . Plans are available for review In the City Offices. For an appoint- ment, please call (952) 249-4600 . City of Orono By : Planning Commission Janice Gundlach , City Planner p'osted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (Published in the July 31 , 2004 edition of The Lakelj : from the columns of printed and published _ successive weeks. 1rday --\ (_'i_, --2004, j and published ;luding Saturday, .\'.__;~-L~-2004; 0 Authorized Agent Suscribed and sworn to me on this Notary Public (1) Lowes t classified rate paid by commercial users for compara ble space : $15 .50 per in c h. (2) Maximum rate allowed by law for above matter: $15 .50. (3) Rate act ua lly cha rged for above matter : $7 .96 pe r inch . Each additional successi ve week: $5.79. LEGAL NOT ICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-46 16 Dean Lotter, Administrator/Clerk . (Published in the July 24, 2004 edition of The Lake,} NOTICE ·.. . The Planning' Coniniission will hold public shall supply a suff1c 1ent quantity of the hearings in the Orono Council Chambers amended Section 508 (H) of the at .2780 Kelley ·Parkway cm Monday, Minnetonka Beach ·_ City _Code entitled August 16 ,'2004, beginning at 6 :00 p.m . _Nuisances and publish said amendment on the matter · of reviewing th e following in ot11c1al newspaper. land use applications: Section 4. Prime Facie ~ 1. #04 -301 o Theodore Capra , Evi.den_ce. . Amend.ed Section 508 (H) 1 3534 ivy Place, LR -1c zoning d istrict, which Is entitled N.u1sances , as ~n adopt-s requests a hardcover variance in order to ed amended section of the Minnetonka 1 permit 31% hardcover within the 75'-250' Be?ch ?1ty Code shall therefore be pnma . F zone when 25% is normally allowed an d a fac1e evidence of the law of the city. hardcover variance and lake setback vari-. , . ance to permit an existing 60 s.f. sh ed to Section ~: Effective . Date . remain within the o-75' zone all in con -This ordinance takes _effect upon its adop- jtinction with . the construction of a new .tion and publication · . residence . · , Adopted by the City Council on I.he 12th 2 . . #04-3022 Philip and Karen day of July 2004 . P_ublished in the Laker Skoog , 280 .TQnka Avenue , LR -1 A zon -Pioneer on July 31, 2004 and August 7 , ing district; retjueiit' a rear yard se.tback2004 . Effective August 8, 2004 variance to allow a rear yard setback of 43 feet when 50 feet is normally required inJoann Anderson 1 order to construct an addition to the exist-Rec order ing honie_. .(Publi she d (n the July 31, 2004 edition of 3. #04-3034 A Perfect The Lake t} Construction , LLC. on behalf of Robert P. Mack, 1580 Sixth Avenue N, RR -1 B zon- ing district, requests a conditional use permit in order to construct a berm co~- sisting of greater than 500 cu . yd . of fill adjacent to Co. Rd :6. ., 4. #04-3037 Wayzata Country Club 430 Old Long Lake Road, RR -1 B zoni~g district, requests a variance in pr "' pr bE nE WI ec pl : ac nl .a Be Affidavit of Publication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath , says that he is an authorized agent and employee of the ublisher of the newspaper known as THE LAKER , Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed _Lea~-~2;----' ~c-o2.~---~~-"-.0~1_+_-l~_c._· -c~··_ which is attached was cut from the columns of said newspaper, and was printed and published once each week for I successive weeks. It was first published Saturday the :::.3 ( day of _~-=~"'----u_·.\--i'=f..-1 __ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the 3 \ day of --:S lJ::_~s C = 2004; Authorized Agent Suscribed and sworn to me on this ·3 U day of __ 3-'-~LA~Q-'----=-' 2004. 0 By: \''v\ (_'-''u£~~ Ci . ,,J~C::-~~ Notary Public (1 ) Lowe st classified rate pa id by commerc ial users fo r comparable space : $15 .50 per inch . (2 ) Ma xi mum rate allo w ed by law fo r ab ov e matter: $15 .50 . (3 ) Rat e act uall y charg ed for above ma tte r: $7 .96 per inch. Ea ch addit ion a l succe ssi v e week : $5 .79 . LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780· Kelley Parkway on Monday, August 16, 2004, beginning at 6:00 p.m . on the matter of reviewing the following land use applications: 1. #04-3010 .Theodore . <;;apra, 3534 Ivy Place, LR -1 C zoning district, requests a hardcover variance In order to permit 31 °/4 hardcover ','lithin the 75'-250' zone when 25% is normally allowed and a hardcover variance and lake setback vari- ance to permit an existing 60 s.f. shed to · remain within the 0-75' zone all In con- junction with ·the construction of a new residence . 2. #04-3022 Philip · and Karen Skoog, 280 Tonka Avenue, LR -1A zon- ing district, request a rear yard setback variance to allow a rear yard setback of 43 · feet when 50 feet is normally required In order to construct an addition to the exist- ing home . 3. #04-3034 A Perfect Construction , LLC. oh behalf of Robert P. Mack, 1580 Sixth Avenue N, RR_; 1B zon- ing district, requests a conditional use . ,permit in order to construct a berm con- sisting of greater than 500 cu. yd of fill .adjacent to Co . Rd . 6. 4. #04-3037 Wayzata Country Club, 430 Old Long Lake Road , RR -18 zoning district, requests a variance in order to construct an addition to an ex ist- Affidavit of Publication State of Minnesota, County of Hennepi.n . Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employ~e of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota, and has full ing maintenance building which will be . . . nowledge of the facts which are stated below: setback 41 feet from the edge of the Luce ; Rolld Mary Line Trail . when 50 feet -Is normally"'lh Shve, LR. - required and 45 feet currently exists. equerditiona/ excel0 cubic q The newspaper has complied with all the ·5. #04-3040 Dean and Sherry Ie lafsetback · t t't t · 'f Lundblad, 1290 Arbor Street , RR -1B Ie p1Pool to ·equiremen S COnS I U Ing quail iCatiOnS as a zoning district, request a side street set-,ate1rto the ~ualified newspaper, as provided by Minnesota back variance to allow a side street set-I in ,,on with _ · back of 23feet where a 50 foot setback is vrBf Statute 331 A.02, 331 A.07, and other applicable normally required in order to construct a i laws, as amended. detached·garage . · i Ir'· and •• .-,~ •• ,,. c-.1alci1 Beach 6. · #04-3041 Rebecca Holzem , ,g d/ests an 3407 East Lake Street, LR -1 A zoning arqtariance district, requests a . 1xlf of _the 75 '-250' zone hardcover variance, side, it rom the rear and lake setback variances and lot !rep rma/ly area .and lot width variances In conjunc-rre lion with construction of a new residence / on a lot that has 44 feet in width and 4,488 Jgt)rd · _are square feet in area where 200' In width ·_It eet,ng . and .87, 120 square feet is normally , , d and required . . . . . · l / Orono · .pable for , 7. #04-3042 Pillar Homes ·on ·fl PPO int-i' behalf of Roge r & . Carol Rovick, 1625 ~ t Sohns Point Rd, : e/ LR -1 B zoning district, requests an alter-: · ~• the-fact conditional use permit for grading I c and fill In excess of . 500 cubic yards in conjunction with the construction of a new N -:~sldence .. #04-3043 John C. Holm and -, ~ii _Susan M. Kerber, 1485 Bay Ridge Road,. LR -1 A zoning district, request a side . yard setback variance and hardcover vari~ :f( ance in order to construct a garage addi- tion and replace an existing deck. N~ 9. #04-3044 Jennifer ,Sl~on,dition of ~ 3925 Cherry Avenue, LR -1 C ,zoning dis· ~ tr.ict, requests . a rear yard setback vari • ance to allow a home addition to be local ed wtthin 30 feet of the rear property line ··, . ~E ES '" ·_ .·-! 1u,-Sel /1'--\'c._,, i" r...._c_, a-- which is attached was cut from the columns of said newspaper, and was printed and published once each week for I successive weeks. It was first published Saturday the ~ day of ~ v..___(_1:,\ a 2004, and was thereafter printed and published every Saturday, to and including Saturday, 2004 ; lhs:~f ~J2_a Authorized Agent Suscribed and sworn to me_on this 6 t> day of ·3 -\.,,~~-, 2004. Notary Public I::?§1:--~:;~'.:~,~~l1,~,~:~~;:f1 . iQ'Jtg~J} c,,:-=:v cR COUN1'i : f ~~1t{!;fP MY coMr-11. EXPIF-1ES 1-J1-2i)0.sj ~ .. ..,,.,,,._ ... _____ ....,...,~~-~ Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15 .50 . (3) Rate actually charged for above matter : $7 .96 per inch. Each additional successi ve week : $5 .79 . TRACKING SHEET FILE NO. 04-3042 Staff: JNJ \ 0[ SITE ADDRESS : 1625 Bohns Point Rd. Applicant: Pillar Homes Owner: Roger & Carol Rovick Address: 125 Lake Street W Address: 1625 Bohns Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 B" Meeting with Staff Date: 1julo~ □ Application Completed Date: to--()-(Ji 60 Day: 1 1/1 ✓olf <NtttJ~ -~ Incomplete Notice Sent Date: it Lf f o'-1 u-S-Ds ~)PY of Application Sent to: -1,.__ Engineer _ County _ DNR MCWD LMCD □ Property Owners Notified : Date : <l 'Lo -04' 4 -1 D -ot.f JI 0-'"6--0i ~ Legal Notice Published Date : 7-3 r-O"'() Jl--~--0 Y 1 \ 0 -'2, -l)Lf PC Meeting(s): ID/ /C{,)l)L/ Vote: P<PPR-6-2-:: Vote: ------------------ Vote: ------------------ cJ Notice of PC Action:_1-l-'-<o-+1...L--1q-'-llf-"'-otf---'!.------------- City Council Meeting(s): ~)_£/_,_) ~\~=---<).__D~Y~ _____ Vote: APP~ S-Q □ Resolution : Vote: ----------------- Vote: ----------------- /zG Ct,Um~<.L toll. -3~c, - ~ 7'-/J