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Home My WebLink About Project PacketTo: Mayor Butler Mark E. Bernhardson, Citv Administrator Orono Council Members Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: June 12, 1986 Subject: 01040 Wi] _ m Ulrich, 1535 Bohn's Point Road - Conditional Use Permit for Installation of Sea Wall Pertinent Ordinances - Section 10.03, Subdivision 19 - Conditional Use Permit required for installation of Sea wall (6 MCAR 1.5023 E - Retaining Walls - DNR requires a permit for construction of retaining walls - permit applied for on May 19, 1986). List of Kzhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Certificate of Mailing Exhibit D - Property Owners List Exhibit E - DNR - 6 MCAR SS 1.5023 E Exhibit F - DNR - Permit Application Exhibit G - Cook's Report Exhibit H - Resolution 1522 Exhibit I - Plan Submitted With Applicatic On September 7, 1983, the City granted a coneitional use permit to William Ulrich for the installation of a wall along the northern shoreline of the lagoon. The wa 1 1 e rded along Ulrich's portion of the lagoon shoreline and 20 into his neighbor's portion (City received written agreement .om Blohorn approvinv the sea wall extention). Ulrich now wishes to extend the same type of se, wall along the remaining lagoon shoreline which he now owns in total. The applicant once again presents the following justification for the request: 1. The lagoon area - soft peaty muck soils that remain along the lagoon bank area is a natural habitat for muskrats - the seawall extension will prevent the bank rats from destroying the unprotected hank and lawn areas adjacent to lagoon. 2. Trapping and rip rock is not effective. 3. Aesthet4cally desirable to tie in the whole lagoon area. 4. Sea wall is most acceptable method in controlling erosion of low levated shoreline bank areas consisting of peaty muck soft soils. Zoning File #1040 June 12, 1986 Page 2 of 2 The applicant has claimed that the wall will be constructed in the same manner as the first installation. Plans have not been submitted to confirm this nor, as the City Enginner's report confirms, has the plan submitted with application been certified correctly by the licensed engineer. This must be corrected before the City can issue a building permit for construction of sea wall. The initial installation provided for earthern tone aluminum wall sections (each section 9" wide). The wall extends approximately 20" above the ordinary high water mark and would stand 8' high (6 1/3 feet of the wall would be under water and lake bed). As in the first review, the City will not approve any walkway along the edg, of the sea wall that would involve hard- cover within the 0-75' setback area. Staff recommends approval of the extension of the sea wall tut will not schedule the application for final approval by Council until the applicant's engineer certifies in writing t.)3t specifications for wall are the same as approved with initial installation and that the plan meets standard design criteria and not that "it appears to do so". Resolution 1522 has been enclosed for your consideration and may be used in drafting the necessary findings for granting approval of current application. Staff would suggest that this would be an appropriate time to remind applicant that he is limited to mooring 4 boats (boats in excess of 16 feet) at his residential dock(s). Additional Comments and Planning Co■s:ission Recces endation: The applicant's engineer has recertified the plans for the sea wall as required by our City Engineer. Planning Commission recommended approval of the extension of the sea wall along the lagoon shoreline based on the findings and conditions set forth in the enclosed resole*ion. kf.. /9o&6, �- S- Z 7 - 81,((1 CITY OF ORONO ,)r)0. GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1535 Bohns Point Road, Wayzata, MN 55391 Property Identification Number (P.I.D.) 08-117-23 44 0013 Please check one - Is the property X abstract or torrens? (for Conditional Use Applications onl'y7— Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- API LICANT Name John Noble f or Will! rn J. Ulrich Phone 612-541-9344 x5hU (work) Mailing Address 1595 Bohns Point Road, Wayzata, MN 55391 --------------------------------------------------------------------------- 01 MHR Name William J. Ulrich Phone 612-541-9344 x5ll (work) Mailing Address 1595 Bohns Point Road, Wayzata, MN 55391 Date Property Acquired November 1985 (month/year) an I (do) bdtx=u** also own L� jace t pa is of and. ---- -------------- ---- -------- --- -- --- - -- --------------- tEE8 - COIIDITIOIU\I, OSE PERMITS--- $100.00 a) Reside al a or se $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more X Seawall, retaining walls within 75' of lakeshore PRD/PID - sem fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (* consultant feeFN $250.00 Vacation $15P.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule ----- --------------------------------------------------------------- PRXS=T USE OF PROPERTY Present Zoning District LR-lB Present Use of Property X Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Installation of aluminum retaining wall to match existing half of lagoon and to prevent erosion and protect shoreline. ------------------------ RRQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (010) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fec.s 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. I Applicant's signature Date 5%23�PC, OWNERS 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 Aea fic of this request. Owner's sianature Date ------------------,--- — ----- ------ Appl icant must ha 1 submz tta is into the City off ices 25 da •s before the Planning Commission Meptinq. Planning Commission Meetings are held on the third Monday of each month. 7M IM M I _ c io /. � t_ ti\ �•1.�` /✓C� �� 3, .mow � 1� • /�/ •I.O� ` �j 'Ion ` , `+•, �1�� ` �\L ss wlk e M' pe •• of y \!'_Y ` i.'/ 1 1li! �y `• +•Nw Gf• !1 ?G�Q''<`- j 1 . to - - + 4111� I 0 / js 100 �+r �� G O 1 � � � • _{� *�' P+�i�,0 . � i ' ! -'.� • t �'�' " : `.fit at a w •` 14 D. j No 34 �- 6a, • �I�J7D for A CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY 0! HENNEPIN CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of 01040, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this let day of June, 1986. LeMAA a Bosma CITY or ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, June 16, 1986, on the matter of the following land use applications: 1. #1034 R. Scott Prochnow, 3440 North Shore Drive - Average lakeshore setback variance required for construction of a 3-seasoned porch. 2. i1035 Robert Koehnen, 537 Hanlon Avenue - Street setback variance to construct detached garage. 3. 11037 John B. Busse, 1931 Concordia Street - Conditional use permit to alter lakeshore yard. 4. i1038 Gordon H. Nelson, 1310 Elmwood Avenue - Hardcover variance to construct a detached garage. 5. 11039 William Ulrich, 1535 Bohn's Point Road - Conditional use permit to install geothermal heating and cooling system that would drain into Lake Minnetonka. 6. 11L40 William Ulrich, 1535 Bohn's Point Road - Cohdiiional use permit to install a sFa wall within the lagoon area of a lakeshore lot. 7. 01041 Thomas J. Maxwell, 36bb Watertown Road - Setback variance to construct a new barn. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Je re A. Mrbust�i, Zon nq n strator To be published the week of June 1, 1986 L MR. Richard D. Allen 3220 Bohns Pt. Lane Wayzata, MN 55391 Mr. and Mrs. Edgar McDonald 3265 BohnsPoint Lane Wayzata, MN 55391 Mr. Dean F. Thomas 1500 Bohns Poiny Lane Wayzata, MN 55391 Mr. Roger D. Swanstrom 1580 Bohns Point Lane Wayzata, MN 55391 Mr. Michael McEnany 3230 Bohns Point Lane Wayzata, MN 55391 Mr. Henry L. Sweatt 3225 Bohns Point Lane Wayzata, MN 55391 Mr. Maurice J. Wagener 1420 Bohns Point Lane Wayzata, MN 55391 Mr. Djuglas E. Kirchner 1520 Bohns Point. Lane Wayzata, MN 55391 Mr. and Mrs. Thomas Sw —,n 1600 Bohns Point Lane Orono, MN 55391 Mr. Gerald E. Habeck 3260 Bohns Foint. Lane Wayzata, MN 55391 Mr. C. Bruce Solomcnson 4620 W. 71th Street, Unit 188 Minneapolis, MN 55435 Mr. George W. Kalweit 1540 Bohns Point Road Wayzata, MN 55391 Mr. D.T. Trowbridge 1625 Bohns Point Road Wayzata, MN 55391 Arl Department of Natural Rerowces 6 MCAR $ I.3023 (3) The harbor shall be available for use by the general public. (4) The development plans shall minimize the waterward en- croachment of the facilities. e. Off -shore marinas: (1) The area shall be zoned for such use or local government shall giant a land use permit. (2) The proposed marina shall minimize encroachinent %titer ward of the ordinary high water mark. (3) The marina shall be sized consistent with the demand for mooring facilities in the area and the number of watercraft to be scived. E. Retaining walls. 1. General standards A permit shall be required for the construction or reconstruction of all retaining walls which should be discouraged because their appearance is generally not consistent with the natural environment and their constructs iri and maintenance cost r. generally greater thin rrptap. 2. Permit: The issuance of permits shall be contingent on all of the f,nl- lowing conditions: a. Existing or expected erosion problems shall preclude the use of riprap shore protection, or there shall be a demonstrated need for direct bhoreland ducking b Design shalt be consistent with existing uses in the Pita. Examples are: riverfiont commercial/indust►sal areas having existing structures of this nature, dense residential shoreland areas. where similar retaining walls arc common, resorts where noating docks may be attached to such a bulkhead, or where barges arc utslued to transport equipment and supphi5. c. Adequate engineering studies shall be performed of fm;ndation conditions, tiebacks, internal drainage, construction materials, and protection against flanking d I'he facility shah not be an aesthetic intrusion upon the area and is consistent with all applicable local, state, and federal managinicnt plan• and programs for the water body e Encroachment below the ordinary high water marl shall be hes.1 to the absolute minimum necessary for construction. F Other waterway obstructions A permit shall he required for the con struction, reconstruction, relocation, removal, and abandonment of ail oth,.� off -shore structures, cables other than utility crossings, pilrr+.Rs, or other fa ^irides not co*ered by specific regulations 21 no MW Pa r�(�11 FM AOTO PART A - USE _ r. �OEPARTMENT Of T1 WIM M rMTKM WATEM M 11MUM IMlasw.M ItRatluRE w EertTrl NATURAL RESOURCES M, Ic ► ► Please read instructions before attempting to complete this application 0 W u EJLGD ! 1. 1Applicant's Name (Last, First, M I.) -- Authorized Agent (it applicable) -- Telephone umbera KUCK, wil.lian J. Jobs NsrL 612-541-13w:Si0 _ 612 ) 471-9103 — --- • — 0%tom. N-- l- — 1533 •alas Kist ROW >rs_Znata, 1!1 55"l-- Government Lott(s) ouarter 5ectioro) Sections(s) Township(s) Rarpe(s) lot. 2 - — - L..— 117" -- -- Fire No.. Box No. , Piooct Address County Prolect will affect Lake -- h n m a number - N. ►Rl)P00ED PfK)JECT ❑ till ❑ excavatf ❑ drain (j construct ❑ remove ❑ other (specity) ❑ abandon ❑ install N. WMIM PUMM �M1 =1aA'Mae V. I � 11K MTM 0 Flu= IN. PROJECT AREA —, — ❑ dam O culvert ❑ lake ❑ wetland ❑ wharf U shoreline ❑ bridge ❑ obstruction ❑ harbor ❑ watercourse ❑ riprap ❑ sand blanket ❑ channel 11 permanent dock 51 shore -protection 7 other (specify) latallatiw of alrinase retaining wall to nsteb aaisting half of lagvee said to Prwmat streeim sad p"teet s►ereliwe. 9. IJgITMTO (Explain why this pro(ect is needed) For harlor sMere1iss erosion protection. or A. �RAt M1 (Anticipated changes to the water and reiated 18M resources incf*" unavoi 8W Out c1WN"MM el"EMI I� 1 lives eeostructiso Aisruptior bet post—constrrrtion will iaaollive shoreline erosion. �. r1110(0mer alternatives to go action proposed) AiP rah �� v' a I ANMy mow Mox~ MnwiM fe MMMft% MOAN CIS 1016, .: 094 aN wppaR+ny 1 U6" % r a DOM" b ofrf Mt ft /� — ir 61 M tilt d"M Wj* sa fnarl nrM 0" of oMW wftmpWj k onmed wo", -Na inoc~ The Wft%WW S&VA d mo atttw.a wdf OWMWso MNf *oft~ arf tw MW (Via" 10 a„ bwt d '"Y KaMwrM GO OWM �/, r "Apr)/�� / I %*we" 00 ow" to WMn ft Rest Ely c....iEtlMu etrMrM r" >�=0 Omrfct 4 Onor at a OEERt4 fta ft" W" of &VIIIa>!s CEl" AOt'M�►'so ( r1 " Itip (.oMI�•i n r ti0 +wlW Y •� w M a, 7yW• a Oww %Dd M %*wN& .w ' • +ae IP w• r tN& 1084 1l @No AMw .•••u Iwo srrr•• wM p• 100 tiers ,1••Nu•n UP OftVap A.eftA-4ROW =moo .N" to WWWWO s•1•rr•r s M• =J•fM 0 •om. Igo ce.•wds IiII1110 OWNW I* dim resr�e rw • Ob ,Or mar M "often isre m w• A•w.r eu.w .wrw to •w. w4m • d"Wi " •w • q• r = wM ~ 1 ii arw • p"s ft•F4,dbwr an soma r •rr pwr r Wti w• .�� rrww rr .w• wM s wr. urv+ � a• ar.. rw• +� ttiw■+ r• rw • ••• .r fir, en �w w M • r�►w r »•, r�r. J Wwr air Maw "WAN mar— f emo Ow"NO in w•rr . s rw JI •wow use" to be w.w an eJa•iiiI, !r w w• MMN w wom,• +1 firW we •rr•• am -ww in w• a% 46%•• a► w 'yr.. w WAPs" owom•aw +wu . 111111"w 0`48U W r "a,~ aw 1 ,o" Affidavit of Pubikation State of Minnesota. County of Hennepin Bill Holm, being duly sworn on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE TAKER Mound. Min- nesota, and has full knowledge of the facts which are stated below A ) The newspaper 'ias complied with all the re. quwrements constituting qualifications as a quahhed newspaper, as provided by Minnesota Stptute 331 A 02, 331 A 0 7. And other applicable laws as amended 8 ) The printed ^f`'i,i,! which is attached was cut from the cok mns of said newspaper and printed and ;)ubkshed .xx:e each week for r successive weeks It was first published Tuesday the day of UNt 19 and was thefeattef prtntsd and published every Tuesday. to and including T+josday the day of 9 Authon:ed Agent S jbscrtibed and sw(, rr, tc er-e or this t C� day nt By �N �rwa�w 4) W— ras r -i" 0• aw trrr am* *sow fw Y#ar am �' + •c►..,w� '*,wind .•wst 66 to wr WAO 4 w ;:90"M n vcc.Mr�r• *•iA1 g as sar rr>M - f D �6 Bonestroo, Rosen*, Anderlik A Associates, Inc. <Mw L A..Wwrww. P t (.Ara a re". I L o Awwr. r ( fe+.r+ t Aairy, r L Araw A l ereA.n. ra,... � M.,.,. r L Aravwo A 1ww61 P A A. aerd w I wow. P L 2335 W. Trunk Highway 30 Engineers • Architects A.rAerd 6 rwarr. P! f-we C cxj�. P r Aedwo G i.'Arwwfa. P L A*www L sormair. P t St. Paul, AM 55113 °ia'" C '"rg"''' P E •12_"&4M Ae.. A Mrawnw P L rNa FWK P! ill• Aanr, r aerrowee P f June 1 1 1986 Aedwr A ►i.n.•+. P ( . Dowd G Larders, P L roar it drown.. P t' Mrr*rf C LO A. P City of Orono �a Waft,r Pr Ahwo Box 66 ,.,wane. P Aadorw.& P f Crystal Bay. Mli 55323 Ara* A ArAwww. P L A...a Awr.PA No"" C Iart. A f A Attn: Jeanne Maybusth rb~ a Ayr. P L Stan re.y. PL LMIYn A lntra Re: 139 - 1040 Ulrich Low Al /►eArl .00000110 else Saw M Morro Dear Jeanne: We have reviewed the plans submitted on the Ulrich property for the seawall, foundation drains and heat pump discharge. The seawall plan should include the detail infor•aation submitted when the axisting wall was built. The certification by 11he engineer should not contain the tors "appears to be adequate". The Owner's engineer should check out the design and certify that what is proposed -seats standard design criteria. The foundation drain plan should be modified to stop the drain field 10 feet short of the lake shore. The drain the should then be connected into a dis- tributor box and an overflow line provided. The heat pump discharge line plan should provide the following additional information: 1. Average discharge 2. peak discharge ). Velocity of water exiting holes in last pipe length 6. Method of anchoring to lake bed 5. Improved profile taforustion with station of paint elevations indica- te1 include station at lake shore 6. Well data-94pth. gigs. capacity 1. 0ioe►sa•se temperature of water s"mar and wintwr The dept* of the discharge line is shown approximately 5 feet below the normal water elevation. Is tflis adequate clearance for boats which operate w,this 100 feet of the lake shore? The owner will also need a D*b permit for instal- lation of the discharge line in the lake bed. Page I 5 ; OAd 30 Year Anniversary City of Orono Orono. Minnesota Re: 139-1040 Ulrich June 11, 1986 It you have any additional questions please contact this office. Touts very truly. 5MSTR00. ROME, ANDERLIK & ASSOCIATES, INC. Glean R. Cook GRC/aes Paso S "3d ZONING FILE NO. 1040 CITY OF OMONO NOTICE OF PLANNING CONNISSION ACTION P.O. Box 6b Crystal Bay, MN 55323 473-7357 Date of Notice: 6/17/86 ----------------------------------------------------------------- TO: Wm Ulrich COPIES TO: Tom Humphrey John Noble 1500 NW Finance Center Angela Corporation 7900 Xerxes Ave So. 700 Shelard Plaza North Minneapolis, MN 55431 Minneapolis, MN 55426 ----------------------------------------------------------------- TYPE OF APPLICATXON: XX Conditional Use Permit ----------------------------------------------------------------- DATE OF MEETING: 6/16/86 VOTE: 6 For 1 Against Planning Commission reca nds the following: XX Approval: Subject to conditions noted below NOTUS AND SPRCIAL CONDITIONS: 1. If the muskrat problem continues and is forced to the shoreline of the main lake of applicant's properties, owner is advised that a seawall will not be permitted. 2. Prior to obtaining a building permit for the installation of th seawall, applicant must submit engineeriig plans for this specific installation. 3. If a pathway is to be installed along the edge of this section of seawall, it must be pervious to runoff and made of natural materials. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder or City Clerk after review and approval by the Planning Commission. 1340 da n Os t. Atad ay -at.. Minn., 55f,91 Am ls, 1w r. It 11 tape M rill J535 Bohn #a T . IZ!. 'avrata, 55392 Door •ill: Do you haw a tiwetaDle or deadline for corpleting txcouating and rrwoual of tines* dirt and reducing Der-& o- your pn) erty under oonstruotion? rt is of iwportanoe for as to tna:c so that at oan schtdute havirj#our oarptttgg and fk witure cleaned (for the stooncl time to ono yo,?r). we also o—uld like to know so thct at .wry begin iL,ining Uindoue (an esoeralet in futility at this► point).* TO are fvv*pss that (unlike last auwrer) 4 •^ill be able to o*en our icinaoue on the road side during the heat of amwr. ?his to :: ;:::rticruc'ar probleR for ;As in thut our hove is located dineotly opposite the oonstruction alto. t'e would a►+p*?otate hearing frow you as to your schedule. P NO2 and ray ral w i t cat drone flaming cormission Orono Il'lage Cbunoil d City of ORRONO RESOLUTION OF THE CITY COUNCIL NO. 1522 Granting A Conditional Use Permit Per Municipal Zoning Code Section 31.700 And A Variance to Municipal Zoning Code Sections 31.831 - File 760 Whereas, William Uirich is the owner (hereafter "owner") of property located at 1535 Bohns Point Road and legally described as Lot 2, Lydiard's Park, Lake Minnetonka (hereafter "property"); and Whereas, the owner has applied to the City of Orono (hereafter "City") for a conditional use permit to construct a seawall along the lagoon shoreline of the property and 20 feet along the west lagoon shoreline of Lot 1, Lydiard's Park, Lake Minnetonka as required by Municipal Zoning Code Section 31.700 and a variance to Municipal Zoning Code Section 31.831 which does not permit the construction of permanent structures within 0' to 75' of the lakeshore. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Find ings 1. This application was reviewed as Zoning File No. 760. 2. The property is located in the LR-1B Lakeshore Residential Zoning District. 3. The shoreline along the lagoon of the property has sustained severe damage caused by muskrats. 4. The Department of Natural Resources has inspected the site and confirms severe shoreline erosion caused by the infestation of muskrats and poor soil types. 5. The seawall has been found .to be the best solution to alleviate the problems at the site. 6. Rip rap is not effective in combating erosion from muskrat infestation. 7. The City Engineer in his report, dated August 5, 1983, found the proposal would not have an adverse effect on Lake Minnetonka ...... and will improve the lake by preventing further erosion of the shoreline. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 8. The property owner most affected by the installation of the seawall, Gerald Blohorn, has entered into a license agreement approving the 20 feet extension of the seawall along `he west shore of the lagoon. 9. The City has received no negative comments from the surrounding property owners notified during the review of application #760. 10. The visual impact on the lake is slight by the fact that the lagoon area is not visible from the main lake. 11. The Department of Natural Resourses issued permit 83-6150 approving the installation of the seawall on July 15, 1983. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staf c and commentsof the applicant and the effect of the proposed land alteration on the health, safety and welfare of the community. 13. The City Council finds thatgranting aConditional Use Permit to install a seawall along the shoreline of the lagoon on the property as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 14. The City Council finds that granting a variance for the installation of the seawall as proposed is necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive property r ight o f the owner 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 the above findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31.831 and -grants a Conditional Use Permit as required per Zoning Ordinance 31.700 to permit the installation of a seawall along the shoreline of the lagoon on the property subject to the following conditions: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 1. Prior to applicant obtaining a building per,nit fcr the installation of a seawall, applicant or applicant's contractor must submit plans signed by a licensed engineer registere, in the State of Minnesota. 2. Pathway along the edge of the seawall must be pervious to water and made of a natural material. 3. No other variances are granted or permitted for this application. 4. Violation of or noncompliance with any of the terms and conditionsof this resolution shall constitute a violation of th- Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1983. ATTEST: Alberta M. Strom, City Clerk Propert ner s) Property Owner(s) Property Owners(s) CITY OF ORONO ary ui er, Mayor Thomas Frahm, Acting Mayo: City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1522 STATE OF "1N','!ESOTA ) )ss. COUNTY OF HENNEPIN ) On this A4 day of J� Public withi an or V21 I, e the person(s) escrloge in an instrument, and acknowledged that hf (their) free act and deed. , E-(- DOROTHY M. NALUN WTARY PUNU64Md�TA HENNEPIN COUNTYGAINSMY 6WM*@Wn 60r �M STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 4_, 1983, before me a Notary o nty, personally appeared known to me to who executed the foregoing (they) executed the same as his 6 -A'-�D MY COMMISSION EXPIRES On this day of , 1983, before me a Notary Public within — and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowleged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public within and or said County, personally appeared known co be the person(s) described in and who executea the foregoing instrument, and acknowledged that he ( they) executed the same as h i s (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benef it of the Ci ty of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 STATE OF 11IIJ14ESOTA ) COUNTY OF HENIMP IN ) s s . CITY OF ORONO ) I, Alberta M. Strom, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing cope of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 12 , 19 83 , and that the same is a true and correct copy of said original record and that said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 19 , day of September , 19 83. Alberta 11. Stron, City Clerk (SEAL) 52116726 City of ORONO RESOLUTION OF THE CITY COUNCIL i.NTD NO. 2022 1*Pl (!aM R" A R .OTM ITT BAN $ 1N? A C0 OITIOIIIAL V= PWAUT PRW 1 ICIPAL 2011II10 CODE 8ECTIGD 10.03, 8=IVISIOD 19 NLNNER qpqfl�rX VMN )rILi i1040 By , provTy C- WEENI A8, William Ulrich (hereinafter 'the applicant') is the owner of the properties located at 1535 i 1595 Bohn's Point Road within the City of Orono (hereinafter 'City') and legally described as follows: Lots 1 and 2, Lydiard's Park, Lake Minnetonka (hereinafter 'properties*); and WRIMMS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the extension of a sea wall along the lagoon shoreline of the properties per Municipal Zoning Code Section 10.03, Subdivision 19. 100, TRIMPORE, Ds IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #1040. 2. The property is located in the LR-lB Lakeshore Residential Zoning District. 3. On June 16, 1986, the Orono Planning Commission reviewed the application as proposed and recommended approval of the application based on the following findings: A) Trapping and rip rock are not effective in combating muskrat problems. B) A sea wall is most acceptable method in controlling erosion of low elevated shoreline bank areas consisting of soft peaty muck soils. C) Aesthetically desirable to tie in the whole lagoon area. D) The extension of the sea wall will present further erosion of the unprotected bank and low elevated lawn areas adjacent to lagoon from the muskrat infestation. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2022 5. The City Council finds that granting a Conditional Use Permit to allow the extension of a sea wall along the lagoon shoreline of the properties will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. COMMUSIONB, = =R =m COMITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit to William Ulrich per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the extension of a sea wall along the lagoon areas of the properties located at 1535 and 1595 Bohn's Point Road, subject to the following conditions: 1. Any path ' nsta 1 led along the edge of the sea wall must be pervious to runoff and made of natural material. 2. Owner is placed on notice that if muskrat problem extends to the shoreline of the main lake on the properties, a sea wall will not be approved. 3. 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. 4. The undersigned applicant has read, understood and here- by agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recmrAina of this resolution in the chain of title of _• ,,the Orono City Council on this 14th day of Jul DFotothy C ty flerk Mary . B. er, Mayor /A /_ _ 1./7Ann roperty UMr (s ) Page 2 of 3 !% City of ORONO RESOLUTION OF THE CITY COUNCIL NO, 2022 STATE OF MINNESOTA COUNTY OF HENNEPIN On this /71� day of —� u 1- y , 1986 before me a -Notary Public within and for said county, personally appeared GU icc is ►vJ. UL&'CA known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ------------ MICHAEL P. GAFFRON WTMV Punic • &W#4 OTA /SPIN COUNTY loppol pop �'dwl�aw/M�1w�11,1M► STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC -.3 u.ve' / / ! 1,967 MY COMMISSION EXPIRES On this day of , 1986, before me a Notary Public within and for said County, personally appeared known to me to be the persona described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 STATE OF MINNESOTn ) COUNTY OF NENNEtIN ) CITY OF ORONO ) I Dorothy M. Rollins City Clerk of the City of Orono. Hennepin County. Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 14 0 1986 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Mitness Yhereof. I have hereunto set ■y hand and seal this 22nd �. day of July 1986 • •.CAI►„L. _ ! ZAi MINUTES OF T= RRGOLAR ORONO COUNCIL FETING HELD JUL? 16, 1996 #1038 GOM M NELSON 1310 EIHMOOD AVIINIM VARIANCE RESOLUTION #2021 Gordon and Barbara Nelson were present for this matter. City Administrator Bernhardson explained the request to construct a detached garage requiring a hardcover variance in the 75-250' from 32.9• (existing) to 34.5% (which includes the removal of 3 sheds) total hardcover. Be noted that some of the grading to be done may improve the drainage. Mayor Butler noted that the only flat area of the property is where the house is built. Assistant Zoning Administrator Gaffron noted one minor additional finding to the drafted resolution indicating that the shed by the lakeshore is a non -conforming structure subject to ordinances regarding non -conforming structures. It was moved by Councilmember eammerel, seconded by Councilmember Adams, to adopt Resolution 92021 granting the variance as amended. Motion, Ayes 5, Nays 0. l • VJ4=LIM ULRICS1S pox" FAW CMITIOML O8E MWT OiOO�aRIOD #2022 City Administrator Bernhardson explained the request fcr a conditional use permit to complete construction of a seawall alo^Z the southern shoreline of the lagoon area whereas it 13 applicant was granted a permit for a seawall al; ,g the northern shoreline of the lagoon. Planning Commission has recommended approval of the seawall putting applicant on notice that any further seawall construction on the main lake shoreline would not ever be approved. Zoning Administrator Mabusth explained the status of the applicants geothermal heating system application per Councilmember Grabek's request. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution 12022 granting the Conditional Use Permit per staff recommendation. Motion, Ayes 5, Nays 0. ZONING FILE NO. 1040 CITY or ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Day, MN 55323 473-7357 Date of Notice: 8/l/86 ----------------------------------------------------------------- TO: Wm Ulrich COPIES TO: Judy Boudreau, DNR 1595 Bohns Point Road Region VI Waters Wayzata, MY 55391 1200 Warner Road St. Paul, MN 55106 ---------------------------------------------------------•-------- TTPE OP APPLICATION: XX Conditional Use Permit ----------------------------------------------------------------- DATE O! NaT=: 7/14/86 VM: 5 For 0 Against COUNCIL ACTION - MOTION: To approve a conditional use permit (81040) for the installation of a sea wall within the lagoon area of your property subject to the findings and conditions set forth in the enclosed resolution. Staff has also included the original resolution approving Applications 991 i 1018 (after -the -fact variances and conditional use permits) for your records. If you desire certif ieJ copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. WAIN[ s. ro►MAM NATMONO A. NAIR Rsa[R W.sCMNOSRICH s[N/SR KAUIMAM INss*T A. MINION ML/[ A.WO*S[N S. "AMC WMITCM[AO S*UC.[ S. WILLIS /*[OC*ICK S. R.CNANDS s.*Os[RT JOHNSON OAR♦ N.MACOMISCR Ros[RT[. SUNK HUSH V. •LUNKETT. 1.1 •R[D[wICK C.SROWN THOMAS K. SUN* JAMS w.ST[IL[N JAMS S. LOCKHART ALL[H W. HIMO[RAKER CLIFFORD M.s*[[MC D. WILLIAM KAU/MAN MICHAEL O. /w[[MAN POPHAM, HAIK. SCHNOORICH 6 KAUFMAN. LTD. 3300 LIFER JAFFRAT TOWER HOWARD SAM MT106.111 LARRT O.[S'EL JANI[ S.MATC*ON THOMAS J.SARRETT JAMCS A. PATNC OAVID A.JONCS LEE [.SM[EMT ALAIN /*[CON PATRICIA A. JCNS[N LESLIE OILLETTC MICHAEL T. N.LAN ROS[RT H.LTNN THOMAS M. SIPKIMS ROS[RT C. MOILAN[N THOMAS I. HELSON THOMAS J. RADIO DAVID L.HASMMALL KATMLC[H M.MARTIN JOHN C.CHILDS DOUGLAS P. *CATON THOMAS E.SANM[R Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 MINNEAPOLIS. MINNESOTA 55402 TCLCRMON[ sit -222-Aso 0 TEL[CO•iER elt-224 -2712 SUIT[ 2400 1000 SCVCNTC[HTM STRCCT D9NV9Q.00LORA0O 00202 T[LCRMONC JI107-093-1800 TCLECOP49N 203-802-2104 sUiTt 200 SOUTH 1000 M STREET, N. W. WASHINGTON. D. C. 1100348 TCLCPNON[ '02-sts-8300 TEL19COPI[R NOR-086-5310 DIRECT DIAL NUMBER 334-2549 August 14, 1987 Re: Resolutions Our File No.: 3643-047 Dear Jeanne: RICHARD A. KAPLAN MVC[ S. I.I.PNEETCRS RT D. SLACKIORD *COTT E. RICHTCR MAUL J. LIN/TROT. SCOTT A. SMITH CL12AS[TN A. THOMPSON KCITN J. MALL[LANO MARK S. PETERSON D. RANDALL SOTER SRIAN N. JOHNSON TIMOTHY W. KUCK CAROL S. SWAN[ON SNUC[ A. PETERSON JULIC A. SWCITZER THOMAS C. MI[LENNAUS[N ■ATHLCCN A.SLATZ MICHAEL O.CIIRIST[NSON J. MICHAEL SCHWARTZ LARATE M.OSSORNC TODD M.JO.NSON JC//RCV I. CAIRNS LOUIS P. RMITM FRANCIS J. CONNOLLY •RUC[ H. LITTLE MARK F. /ALMA RUSSCLL S. 1OmC8SA SRIAN L.CRAW►ORO DAVID R.RTD[N MATTHEW [. DAMON JOHN W. PROVO SRCSORT O. SNOOKER WILLIAM M. OJILE, JR. TERRANCE A. COST[LLO JOSS►H O. VASS SRIAN W. OHM STCVCN A. CNILLESMIK GREGORY O. SCOTT SHARON N./ULLMER O•COUNSZL /RED L.MORRISON The resolutions enclosed and listed below have been filed in abstract properties and returned. Name Resol. No. Doc. No. Date Filed Browne 2027 5206735 1/2/87 Carson 2059 5301687 7/22/87 Clifford 1008 S206865 1/2/87 Edwards 1838 5206863 1/2/87 Fisher 2181 5303080 7/24/87 Fulmer 2097 S303079 7/24/87 Gehrman 2171 5303083 7/24/87 Gempler 2187 5303082 7/24/87 Gleans 2032 5206964 1/2/87 Gregory 1677 5206868 1/2/87 Gregory 1844 5206867 1/2/87 Hedlund 1874 5145581 8/18/86 Kilbane 2002 514SS76 8/18/86 Koshnen 1745 5301686 7/22/87 McAuliffe 2146 5261526 5/1/87 McAuliffe 2147 5261S27 5/1/87 Miller 1733 5206734 1/2/87 N.E.D., Inc. 1933 5301683 7/22/87 Nelson 2021 5206861 1/2/87 Jeanne Mabusth August 14, 1987 Page Two Name Resol. No. Doc. No. Date Piled O'Gara 2000 S14S573 8/18/86 Pal■ 1936 S14SS82 8/18/86 Pemberton 1903 5310684 7/22/87 Plank 2122 S303081 7/24/87 Pratt 2001 514SS77 8/18/86 Pula 1875 S14SS60 8/18/86 Scriver 1999 514SS7S 8/18/86 Spence 2033 S206866 1/2/87 Ulrich 2022 5206726 1/2/87 Ulrich 2004 5145572 8/19/86 Vanderhoof 1998 S14SS74 8/18/86 Veterans' Camp 1988 5145578 8/18/86 Zimmerman 1932 5301685 7/22/87 Also, enclosed and listed below are variances which cannot be filed in the chain of title because they are registered as torrens properties. Mane Resolution No. A. Sloemendaal 2026 Johnstone/Barth 1718-A R. a N. Martin 2006 M. McEnany 1879 C. G. Pillsbury 2024 S. Schnebly 2028 if you have any questions, please call either me or ■y secretary, Joyce Pedersen at 334-2736 Very truly yours, 4b Nancy E. Husnik Legal Assistant NEM/jlp/3426j Enclosures POPHAM. HAIK, SCHNODRICH 6 KAUFMAN. LTD. 3200 PIPER JAFFMAY TOWCR MINNEA'OLIS. MINN[SOTA 55408 TcLaPHONc 6I11-733-4000 16 Mo TCLCCO►Itw WAYNE O.POpMAM RAYMOND A. MAIM *ODt* W.SCHNOSSICM Otlilvto K"WMAN RO@CRT A. rIMI@M ROLE A.W0009N D.MAOC WHITEHEAD @RUCs O. WILLIS •"coca/Ca S. RICH %*OS 0. no at OT JON N SON *ANY *. M^COM@t* *06490T0.OUR% "WON V. PLUNKRTT, 111 •O[O[RICK C.@ROWN THOMA@ K. 8200 JAMc@ R.STa1LEM JAMES D. LOCKMAOT ALLEN W. HIMOEOAKCR CLI••ORD M.Owa[NE D. WILLIAM KAU•MAN MICMACL O. FREEMAN HOWARD SAW MYCas.111 LARRV D.c$PcL JANIC S.MAyawo" THOMAS J.@^"navy JAMCS A.►AYNC DAVID A.JONES LEE a.sNtc"Y ALAIN ►N9CON PATRICIA A. JENSEN LESLIE GILLETTE MICMACL T. NIL^" *coca? M. LYNN THOMAS M. 8IPKING RO@a"T C. MOILANCH THOMAS •.NELSON THOMAS J. RADIO DAVID L. MAGMMALL KATHLEEN IY,MA*TIN JOHN C.CMILOI DOVOLAS P.StATON THOMAR [.§AHNCw No. Jeanne Habuoth City of Orono P.O. Box 66 Crystal Bay, NN 55323 Dear Jeanne: *IN -aa4-aT1a w1cM K.PL � (ft —1"One SUITE E400 $Roo SEVENTEENTH !T"ccT DCNVER.COLORADO 80808 TELEPHONE 303-ODS-1200 TCLCCOPICR 303-0931-11119• SUITE 500 SOUTH 1000 M STREET. N. W. WASHINGTON, D. C. 20030 TELEPHONC 008-026-SSOC TCLECOPIER COS-ORS-9218 DIRECT DIAL NUMBER 334-2549 Octcber 27, 1987 OA 11114. RLAC O • MOi DCIC @Ryas t M N@TOOT K •, S IN , DaLL 0. Magi E IEA@cTM MRSON SRTAN L.COAWIO"1 ME HALLCLAN D�-� DAVID R.OYOEM MATTHEW a. DAMON O. RANDALL DOT[" JOMN W. MOVO @*IAN N. JOHNSON TIMOTHY W. MUCK CAROL 0. SWANSON DRUG( A. PETERSON JULIE A.@WCITscR THOMAS C. MICL[IHF/AU@ON KATHLEEN A. %LATE MICHAEL O.CHRISTCHOON J. MICMACL SCHWARTZ LA"AYC M.OSSORNK TODD M.JONNSON Davie. Spoome" WILLI . OJI Lt. JO. TtR"AMCt A. COSTELLO JOSE PH O. VASS owl^N W. OIHM STEVEN A. CMCLCSNIK eaco0"y D. SCOTT SHARON N. •ULLMt" OY COUMSEL veto L.MOR"/SON The enclosed resolutions listed below have been filed in abstract property. Name Vickernan, B. Dietrich-Blocker Fay, 8 Resol. No. Doc. No. 2214 5334321 2250 5334322 2240 5334323 Also enclosed is the Willard L. Bury Resolution No. 2234 which cannot be filed in t- -ns property because it is a variance. Finally, for your files I ha. losed a certified copy of the Ulrich Resolution No. 2022. It -{led in abstract property on January 2, 1987 as document 5206726. If you have any questions, feel free tc •e3ntact either me or my secretary Joyce Pedersen at 334-2736. Very truly ;;ours, Nancy E. Husnik Legal Assistant NEH/jlp/3328j Enclosure