HomeMy WebLinkAbout Project PacketCITY OP ORONO
SUBDIVISION APPLICATION FORM
Date Rec' d
By
Fee Rec d „?S0-
R -f . ' t 9-30 i
--------------------------•------------------------------------------------
APPLICANT Name William J. Ulrich Telephone 612-471-8103
Mailing Address 1535 Bohn's Point Road, Wayzata, MN 55391
PROPBRTY Name William J. Ulrich Telephone 612-471-8103
d�
Mailing Address 1535 Bohn's roint Road, Wayzata, MN 55391
(Attach list if more than one)
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PROP=RTY LOCATION
1535 Bohn's Point Road. Orono, MN 55391
Street Address 1595 Bohn's Point Road, Orono, MN 55391.
Property Identification No. (P.I.D. ) yLI
Complete Legal Description to be attached to application
-•----------------------------------------------------------------------
MISTING LAND 088
N.;nher of Tax Parcels *^
1 -� .
Dcvalopment Size Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Present Use (cheek) X Residential; no. of units _
Other (specify)
Present Zoning District
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PROPOSAL Division for Tax Purposes
X Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites: Existing Units
New Units
Total Units
Proposed Grosn Density Units per Acres
Minimum Lot Size: _ Square Feet Dry Buildable
Land
Proposed Use: (check) Residential
Other (specify)
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(OVER)
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Application Completed
2. Preliminary Plat information on Certificate of Survey.
Certified Property Owner's list of owners within 350' (this list can be
obtained from the Hennepin County Department of Finance A-603 Government
Center 348-3271)
, 4. Stamped, legal sized envelopes (M10) pre -addressed to each of the names on the
a�xye list with no return address.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Officials Signature Date
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MINIMOM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION
1. Payment of fees (park fees, filing fee, sewer and water assessments,
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc. #1C0
5. Developers Agreement and acceptable form of security.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Officials Signature Date
Sketch Plan Review (Class I, II 6 III) $150.00
Preliminary Review (Class 16 II Subdivisions) $250.00
Preliminary Review '300.00 plus
(Class III and all non-residential) 20.00/lot
Final Plat Review (Class I11) $150.00*
*(Plus any legal or engineering charges)
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Applicant has read the above and hereby agrees to provide all information required
or requested by the Zoning Administrator, City Engineer, City Attorney, Planning
Commission and Council necessary to prucess this application and further agrees
to pay all additional fees established by ordinance.
----� - _--'ALL ------- �
SZz--_----------
Applicant's Signature Date 121ee.5
Owner's Signature .� 3 �� =�� Date ¢ g
Applicant must have all submittals into thr City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are usually held on
the third Monday of each month.
RI,Ti DATE 10.'30/85
ar
BATCH 004
33 08-117-23 44 0006
PPOP ADOR
03,20 EOHNS POINT LA
r
OWNER NAt'E
R A S ALLEN
TAYPAYEP
RICHAPO D ALLEN
NAML '.DOR
3::0 BOH415 POINT LANE
r
WAYZATA MN 55391
r 38 08-117-23 44 0009
MOP AC^R 0326S OONNS POINT LA
0►.+iER `:l"E E J MC DOtIALD/C J MC GONALD
TAXPAYER E^GAR A CONSTA►tCE MC DONAL9
/ s.OR 3Zb5 BOHNS POINT LAVE
WAYZATA I'91 55391
0. 33 03-117-23 44 0013
PROP AODP 31535 BOw:S POItTT PC
E A::P NVIE 'AILLIAM J ULPICH
TAI.PAYEP WILLIAM J ULPICH
,AM!,'ASDP 1S3S BOHtM PT RD
WAYZATA MH 55391
r
:8 :9-117-23 33 0005
PREP Am. 9
31500 BOHNS POINT RO
OW.EP NAME
97AN F THOM43
P
TAXPAYER
DEAN F TTiOMA3 OR
NAME/A000
MRS P=.ULINE N THOMAS
ISO, 87. ?N PT RO
iAYZA+A MN 55391
P`
3t 09-117-25 33 DCU
PC�l7 ADOR
01580 BONNS POINT PO
O'A,E9 NAME
BETTY A ROGER SWANSTRCM
TAYPAYEP
ROGER 0 SWANSTFOM
NA'A.'ADCR
IS89 BOHNS ?T RD
WAYZATA MN S53=l
#90, PROP ADGR
li. IR PA'!E
TAXPAYER TOTAL BATCH 004 01015
HAnE/AODR
r
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPCRT NO. PI435401
PROPERTY OWNERS LIST PAGE 39
38 08-117-23 44 :)07 36 06-117-23 44 0008
03230 BOIINS POINT LA 03260 BOHNS POINT LA
G A J GLIBBINS JR GERALO E NASECK
GECRGE C GLBBINS JR GEPALO E HABECK
3212 PIONEER TP.AIL 3260 EOIRV S POINT LA
HAMEL PLY 55340 WAYZATA MN 55391
38 09-117-23 44 0010 38 06-117-23 44 0012
03225 BOHNS POINT LA 01595 BOHNS POINT RO
H A V SWEATT GUARD BLONORN
IIENPY L SWEATT GGERAPO BLOHORN
322S 02H':S :CINT RD 1595 BOHN'S POINT RD
WAYZATA t N 55391 OP ONO MN 55391
20 09-117-:3 33 0003 38 09-117-23 33 OOC4
'):420 SOHNS POINT RD 01480 BANS POINT RD
M A V WAGENER C PRUCE SOLEM3NSON ET;,L
MAURICE J WAGENER C CgUCE SOLChONSON
14, 0 EOviNS POINT ROAD 46E0 W 77TH ST UNIT 188
WAvIATA MN 55!91 MPLS K4 55435
38 09-117-:3 33 0006 38 09-117-23 33 0007
01520 BCHHS POINT PD 01540 COHN'S POINT RD
OOIMLAS E KIRCIIN�R ETAL G W KALWEIT ETAL
CGUGLAS E KIRCHNER GEOFGE W KALWEIT
1520 8nHNS POINT P.D 1540 E0:?NS POINT
WAYZATA Mtl 55391 WAYZATA M4 55391
3-} 16-117-23 22 0001 33 17-117-23 11 0003
01600 BOHNS POINT RD 01625 BUHNS FOINT RD
JOSEPH C THOMASON A WIFE D T TRO: PIDGE ETAL
THOMAS A CMIIE SAIEN D T TROWBPIDGE
16O ELOHNS POINT RCaD 1625 BOHM POINT RD
,+?ONO 11H 55391 WAYZATA MN 55391
ram,
mar �--• ��
r
RUN DATE 10/30/85
BATCH 004
ow
ow
HEfNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REP;IRT NO. PI435401
PAGE 40
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
PEPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEI&EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION9 TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
DATE
opw
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
CERTIFICATE OF MAILING
ss.
I, Amy Klaers, c.f the City of Orono, Henn -pin County, Minnesota,
do hereby certify that a Notice of Public Hearing concerning n1004
was mailed to the attached list of property of cwners on January 6,
1986.
In Witness Whereof, I have hereunto set my hand and seal or. this
sixth day of January.
Amy Klaers
CITY OF ORONO
NOTICE
The Planning Commission will hold a Public Hearing in the
Council Chambers at 1275 South Brown Road on Tuesday, January 21,
1986 at 7:45 P.M. on the matter of William Ulrich's application
for a proposed residential subdivision of a lot line rearrange-
ment involving the properties located at 1535 and 1595 Bohn's
Point Road.
All persons wishing to be heard will appear at this time. Writ-
ten comments are solicited. Plans are available for review in
the City offices.
City of Orono
By: Planning Commission
Jean -Ka A. Mabusth, Zoninq Administrator
To be published the week of January 5, 1986
n°'�o�o"p
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Affidavit o/ Publieailon
State of Minnesota. County of Hennepin
Bill Holm. being duly sworn, on oath says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound, W-
nesota, and has full knowledge of the facts which are
stated below
A ) The newspaper has complied with all the re-
quirements constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A 02. 331 A 07. and other applicable laws, as
amended
J >/A B I The pa , printed /' ` -"
which is attached was cut from the columns of said
newspaper. and printed and published once each
week for r successive weeks
It was first published Tuesday.
the /'% day of ,/ A- 1 S /(_
and wars thereafter printed and published every
Tuesday, to and including Tuesday,
the day of . I
Authorized Agent
Subscribed and sworn to me on this
7 day of ^ 19
gotaey PubMC
Rate information
1 i Lbwesf OaSatted rate paid by L Ornr"efctal users for cORlparaOM
spare $6 90 per inch
(2) Maurfwm rate allowed by Law for above Mattel S4 13 per rich
(3) Rate 4(,tuapy cMrged fa above matter S4 13 per rich
Ea•.h .V-1d1110nd ..uCceaWve +reek S1 75 per rich
BETH AND BRIDGET
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TION
"LYUTARD'S PARK", Lake, Minnetonka
iIPTIONS
( that part r,f in' 1."LYDIAkD'S PAW'. Lake Minnetonka, lying Northerly of the following
line and its Stwthwesterly extension: Beginning at the point of intersection of the South
IP Wirth 83 feet of said Lot I with the East line of said Lot 1; thence Uesterly along said
Of the Wirth 83 feet a distance of 305 feet; thence d,-flpctina .oft 23 degrees to the 5`u
Ikr. Minnetonka, And said line there ending
Of Lot 1, "I.YOIAWIS PARK". Lake 11inn:,turika, i•ring 'i'wthe, lv of tht- following described
tt e•tAnsion• aogjnning at the point of intprsectlnn of thy► South tine of
Wi fc-t of said Lot t with the Fast I lle of said Lot thence W. Oerly alomy said
a rth ai f"t a .f i —q— • e mr, 'lint f t.® IeF _ I _ - - - •.- fry slaw —I.—
76
Proposed lot division for
WilliamJ. Ulrich
of Lots 1 and 2,
" LYDIARDIS PARK" Lake
Hennepin County, Minnesota
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=.XISTING DESCRIPTION
Lots 1 and 2, "LYDIAR01S PARK", Lake, Minnetonka
PROPOSED DESCRIPrIOtiS
A. Lot 21 and that part of Lot 1,"LYDIARD'S PARK'. Lake Minnetonka, lying Northerly of the following
doscrih-d line and its Southwesterly extension: Beginning at the point of intersection of the South
Iino , the North 83 feet of saiu Lot 1 with the East line of said Lot 1; t►ience Westerly along said
Sc:uth ling of the North 83 feat a distance of 305 feet; thence deflectinq left 23 degrees to the shore-
line of Lake Minnetonka, and said line there ending
B. That part of Lot 1, "I YDIARII'S PARK", Lake Itinn,-to9ka. fling `blltherl,v of the followings described
i,np and its ';'.rr!v ext?nsir,n• Beginning at the point of intersect ic,n of the South line of
the North 83 feat of said Lot 1 with the East I ine of ,aid Lot 1; thenre vi+�terly along said South
line of 'hp north 83 feet a distance of 305 feet: thonce deflecting 'tuft ' I (1egrees to the shoreline
of Lake Minnetonka, and said line there ending.
Scale: 1 inch = 100 feat
Date December 9, 1981)
o Iron marker
Mayor, Date
Clerk Date
I hereby certify that this survey was prepared by me
or under my direct supervision, ind•tha. I am a duly
Registered Land Survey and Engineer under the laws of t1,%
State of Minnesota.
COFFIN 8 GRONBERG, Itl(:.
Mark S. Gronberg till. Lic. No. 12755 Date
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MINUTES OF THE PLANNING COMMISSION MEET.NG OF SEPTEMBER 21, 1981 Page 5
Jabbour asked that the City attorney advise the City of the REED (CONT.)
Supreme Court ruling that he is referring to.
Mabust:i noted that what was different in this application
from the Bredeson application in which the City approved
the creation of a new non -conforming structure.
Rovegno moved to approve the hardcover and lakeshore setback
variance application for Lachlan Reed based on the hardships
of the house location on the pennisula and the interior design
of the house only allowing additions to be placed on the west
side if house. Such approval is subject to the following
conditions:
1 - Additional hardcover be offset by removing an equivalent
amount of hardcover to supplement for additional
hardcover.
2 - All drainage from new addtion be directed away from
lakeshote side - City Engin, 1.o review drainage culvert.
Hammerel seconded. Vote: Ales , Nays (1).
Minority Opinion - Jabbour - He stated that he could riot
approve of such an application that approved expansion of
a non conforming structure based on the recent State Supreme
Court ruling.
Gerard Bloho:-n and Dick Iiassel, applicant's attorney, were
present. Mr. Hassel noted that this was not an expansion
on the existing cool house but merely interior design changes
within the structure.
Mabusth advised the Planning Commission that the building
permit forbi(.Is tie installation of kitchen facilities and
not until the Co:ditional Use Permit was issued,could the
kitchen fac.ilitie.- be installed.
Rovegno asked if it was withirr the code to build bathroom
facilities without a Conditional Use Permit? Mabusth
noted that the existing pool house already had a bathroom
and that it was just a matter of relocating it.
Goetten moved to al -prove the Conditional Usc. Permit for
Gerard Blohorn for the guest house located at 1595 Bohns
Point Road finding that there is adequate area and width
to support a second residential unit and subject to the
condition,as required by code,that this unit may never
by rented.
Jabbour seconded. Vote: Ayes (6), Nays (0).
,� �GERARD BLOHORN
1595 Bohns Point
Conditional Use
Permit
#652
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14, 1981 Page 5
Alan Olson, CiLy Planner, reviewed with the City VARIANCE
Council the request of Lachlan Reed, 1499 Brackett's 1499 Brackett's Point
Point Road, for a variance. #651
Lachlan Reed
Mr. Reed and his attorney Richard Hassel were present.
Butler moved, Mayor Van Nast seconded, to approve the
variance request of Lachlan ,teed, 1499 Brackett's
Point Road, per the Planni.,,r +_*ommission recommendations
and subject to the removal )t the blacktop as indicated.
Motion, Ayes (4) - Nays (0).
Alan Olson, City ?lanner, revl,wed with the City 4,�ONDITIONAL USE PERMIT
Council the condit onal use pt_ ut request of 1595 Bohn's Point Rd.
Gerard Blohorn, 13;5 Bohn's Point Road. #652
Gerard Blohorn
Mr. Blohorn and his attorney Richard Hassel were present.
Hurr moved, Butler secon. .'., to approve the conditional
use permit for z guest ho .�c for Gerard Blohorn, 1595
Bohn's Point Road, on the condition that the guest house
never be rented and to pay an additional SAC charge.
Motion, Ayes (.1) - Nays (0) .
The Ivy Place item was tabled until a later date at IVY PLACE MATTER
the request of the owner eue to his being out of town.
Butler moved, Mayor '.pan Nest seconded, to approve FINAL PAYMENT
the signinq of the final payment request of Latour Latour Construction
Construction. notion, Ayes (4) - Nays (0).
Glenn Cook, City Engineer, presented the following MEDiNA-ORONO
letter to the City Council dated October 7, 1981 IINTERCErTOR
concerning the Medina -Orono Interceptor which states: Plans S Specs.
"We have rr!viewed the plans and specifications for the
"1981 Utilities & Street Improvements" for the Medina-
Morningside area of the City of Medina prepared by
McCombs -Knutson As3ociates, Inc. The plans and
specifications are in general accordance with the pre-
liminary report and joint powers agreement for the
project.
We would recommend that the City obtain copies of all
easements and any easement settlement agreements on
the project."
End of letter
To: Planning Commission Members
From: Jeanne A. Mabusth, Zoning Administrator
Date: January 16, 1986
Subject: #1004 William Ulrich, 1535 & 1595 Bohn's Point Road -
Subdivision of a Lot Line Rearrangement
Zoning District - LR-lB
Area - 7.06 Acres (.48 Acres Wet)
Pt-rtinent Ordinances
10.55, Subdivision 15 A (2) & (3) minimum lot area require-
ments for sewered areas containing wetlands/flood fringe
areas
10.22, Subdivision 1 - hardcover standards
10.24, Subdivision 3 - conditional use permit standards for
guest house use
List of Exhibits
Exhibit A -
Exhibit B -
Exhibit -
Exhibit D -
Exhibit E -
Exhibit F -
Application
Property Owners List
Planning Commission Minutes
Council Minutes 10/14/31
Lot Line Rearrangement
Hardcover Survey For Parcel
9/21/81
B
Mr. Ulrich proposes a lot line rearrangement of his
residential properties at 1.535 & 1595 Bohn's Point Road totaling
7.06 acres in area. As shown 1535 would contain 4.97 acres in
area and 1595 at 2.67 acres (.48 acres of wetlands).
Each parcel appears to satisfy the standards of the LR-lB
zoning district. The area standard has been satisfied for Parcel
B with 2 legal residential units. Staff has to question how we
are to satisfy the required width standard of 140 feet.
The guest house, approved in 1981 for a previous nwner, is
located 30 feet from the principal structure. A division line
could never be drawn between the quest house and principal
structure to satisfy both the 140 feet lot width standarO and the
side setback standard of 10 feet. Review Exhibit E. ,f a lot
line was drawn 10 feet from the principal structure, the guest
house lot would measure 130 feet maximum width.
In recent conditional use permit reviews dealing with quest
house structures, lot width standards, in relation to future
division lines, were considered i.e. the Winton application. If
you review the enclosed minutes that deal with the Blohorn appli-
cation you will note that. approval was based on the findinq that
there was adequate lot width to satisfy the second unit.
Zoning File #1004
January 16, 1986
Page 2 of 2
The current guest house st! ucture was originally a garage
with a second story that functioned as a cabana/pool house. The
conditional use permit was required because owner wanted to
install a kitchen. The structure already contained a bathroom
and changing rooms. The kitchen was never added to the
structure.
The property contains 318 feet of width and is proposed at
235 feet at the building line and 140 feet along tine shoreline.
Planning Commission must decide what is an acceptable lot width
for Parcel B considering the maximum possi►.le lot width of the
potential guest house lot at 130 feet at the building site.
Staff has discussed this matter t.,ith the applicant advising
of the affect of the guest unit on :.he proposed division. He
understands the problem but wishes to proceed with the applica-
tion as originally proposed with 2 residential units on Parcel B
and awaits Plannin4 Commission's directive.
The City will ask for a Flowage & Conservation easement over
the pond and drainageway area. Applicant must provide a metes
and bounds description of the wetland and drainageway for the
required easement.
Note, there is 26.7% hardcover within the 7'_-250' setback
zone. If lot line is to be rearranqed prov.Lding more area in
Parcel B, the excess will no longer exist. If lot line remains
as is, applicant states he will remove excess of 1.7 s.f. hard-
cover within pool area.
Planning Commission must decide how much additional lineal
footage will be required to satisfy lot width standards:
a) al-+ng building line:
1. Additional 45 feet:
Required = 140 feet
Principal Structure Lot = 150 fern
Guest House I.ot = 130 feet
2. Additional 40 feet:
Required = 140 feet
Principal Structure Lot = 140 feet
Guest House Lot = 130 feet
b) Alc -i Shoreline:
1. If 140' maintained future division will not result
in additional riparian lot.
2. 280' required for 2 future riparian lots.
Planning Co fission Action
Table application until formal suh,iivision reflects changes
requested above.
January 17, 1986
Ms. Jeanne Mabusth
Building S Zoning Administrator
Orono City Offices
Box 66
Crystal Bay, MN 55322
Dear Ms. Mabusth:
1�
A 2 1 iq
Y,F RC o
Per your request to John Noble of January 15, the following is an explanation
of the circumstances surrounding the removal of a tree at 1595 Bohn's Point
Road on January 15, 1986.
I received a call from Mr. William Ulrich in regards to trimming a number of
trees at 1595 Bohn's Point Road. After inspecting the trees I noticed that
one was deteriorated badly and I recommended that the tree be cut down. I
felt that removing the tree at this time, with frozen ground, would reduce the
potential for damaging the landscape, and I recommended that the tree be
replaced at a later time.
Should you have any questions regarding this matte--, please feel free to
contact me.
Sincerely,
Wes Bendickson
479-1107
4
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ZONING FILB WC L1O4
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 1/22/86
----------------------------------------------------------------------
TO: William Ulrich COPIES TO: William Ulrich
Angela Corp. 1535 Bohn's Point Road
700 Shelard Plaza North Wayzata, MN 55391
Minneapolis, MN 55426
----------------------------------------------------------------------
TYPE OF APPLICATION: Subdivision
----------------------------------------------------------------------
Date of Meeting: 1/21/86
Planning Commission recommends the following:
Tabled: For reasons noted below
NOTES AND SPECIAL CONDITIONS:
The Planning Commission was unable to provide a legal quorum (4
members) at their regular meeting of January 21, 1986 and by law was
required to table all action on your subdivision application until
their next regularly scheduled meeting on Tuesday, February 18, 1986.
----------------------------------------------------------------------
Applicant's next scheduled meeting is confirmed as:
Planning Commission - February 18, 1986
If the applicant has trouble obtaining additional information, please
contact the Zoning Department (473-7357).
To: Planning Commission Members
Fro1: Jeanne A. Mabusth, Zoning Administrator
Date: February 14, 1986
Subject: i1004 William Ulrich, 1535 & 1594 Bohn's Point Road -
Subdivision of a Lot Line Rearrangement
Continuation of P++hlic Bearing From 1/21/86
Pertinent Ordinances for the review:
Section 10.02 Zoning Definitions
34. "Lot Area" - The area of a lot in a horizontal plane `)ounded
by the lot lines, but not including any area occupied by the
waters of a duly recorded lake or river or area frequently under
water which serves as a watercourse draining higher land on which
sustains emergent aquatic growth or area which has been dedicated
as public right-of-way.
39. "Lot Line -Front" - That boundary of a lot which abuts an
existing or dedicated public street, and in the case of a corner
lot it shall be the shortest dimension on a public street. If
the dimensions of a corner lot are equal, the front lot line
shall be designated by the owner and filed in the office of the
Building Inspector.
43. "Lot Width" - The maximum horizontal distance ,-'ween the
side lot line of a lot measured parallel to the front lot line
and at the rear of the required front yard.
76. "Yard" - A required open space on a lot, which is unoccupied
and unobstructed by a structure from its lowest ground level to
the sky except as expressly permitted in the Zoning Chapter. A
yard shall extend along a lot line and at right angles to such
lot line to a depth or width specified in the yard regulations
for the district in whi& -rich lot is located.
77. "Yard, Front" - A yard extending across the front of a lot
between the side yard lines and lying between the front street
line of the lot and the required front yard setback line, which
front yard shall be provided on both street frontages of corner
lots and double frontage lots. A lakeshore lot shall not be
considered as having a front yard, but rather shall be considered
as having a lakeshore yard on one side of the building and a rear
yard on the other side of the building.
78. "Yard, Lakeshore" - A yard lying between the natural
ordinary highwater mark on the lakeshore and the required
lakeshore setback lire, for the full width of the lot.
Zoning File 11004
February 14, 1986
Page 2
79. "Yard, Rear" - A yard lying between the required rear yard
setback line and rear line of the lot, for the full width of the
lot. On a lakeshore lot, the rear yard shall be the yard which
fronts on the street lying between the street line of the lot and
the required rear yard setback line.
Section 11.03 Subdivision Definitions
28. "Lot, Width" - The shortest dimension between opposite lot
lines measured at all of those points as required by the Zoning
Chapter of the City Code and this Chapter.
55. "Setback" - The shortest distance between a structure and a
natural feature, property lint or right-of-way line nearest
thereto.
65. "Subdivision" - The separation of an area, parcel, or tract
of land under single ownership into two or more parcels, tracts,
lots, (or long-term leasehold interests where the creation of the
leasehold interest necessitates the creation of streets, roads,
or alleys), for residential, commercial, industrial, or other use
or any combination thereof, except those separations:
a) Where all the resulting parcels, tracts, lots, or
interests will be 20 acres or larger in size and 500 feet in
width for residential uses and five acres or larger in size
for commercial and industrial uses;
b) Creating cemetery lots;
c) Resulting from court orders, or the adjustment of a lot
line by the relocation of a common boundary as long as each
of the two resulting lots meets the requirements of the
Zoning Chapter of the City Code.
As requested in staff's last memo, the applicant has submitted a
proposed sketch of a lot sr)lit of proposed Parcel B, I,ot 1 riparian
and Lot 2 non -riparian.
Our subdivision code provides little direction as far as
standards for lot design and actually defers to the Zo.-iinq Code. The
definition sections of Chapter 10 set the lot standards for the
individual zoninq districts establishinq yard requirements, and
contains the only direction. These are often conflicting, confusir.q
and ambiguous.
zoning File #1004
February 14, 1986
Page 3
The City has not always followed these directives giving
subdivision approval without appropriate variances, therefore, tending
to favor more practical and workable patterns in the design of lots.
If you dour. this, consider all the lots approved that are served by
private access easements, extended platted corridors and cul-de-sacs
approved without addressing the need for a variance oecause lot did
not abut a public road for the required width. Staff recalls the
subdivisions approved right after the commc-, ownership issue was
resolved (review the enclosed plat) The ,w -y application is a
prime example for comparison.
Consider the specific structure; staff would classify the garage
use as the primary use authorized for guest house use with a
conditional use permit in 1981. The second floor pool house/changing
rooms use is secondary and required a guest house/conditional use
permit when a kitchen was to be installed. The kitchen has not been
installed. The second floor now serves as additional storage area. A
future owner may never divide the property and designate the accessory
garage/apartment structure as a principal structure - not on Bohns Pt
real estate.
As for comments on this specific sketch plan, staff would argue
that with minor rearrangements of the lot line providing expandEd yard
areas around the two structures, this subdivision could be as
adaptable as others approved by the City without noting the need for
variances.
The City is being asked to approve the lot line rearrangement of
Lots 1 and 2, Lydiard Park. Parcel B's excess of hardcover within the
75-250' setback area can be resolved by either the removal of the 1.71
of hardcover or adjusting the lot line to provide additional area to
c,i f set the excess. The applicant must decide.
Per Section 10.09, Subdivision 8, it would appear that the 1981
conditional use permit has expired because the original applicant had
failed to install the kitchen within a year of the date of Council
approval. The original conditional use permit did not address the use
of the structure as an additional bedroom or guest room use. A pool
side changing house would not require a conditional use permit.
Subdivision 9 of that same section also notes that a conditional use
permit will expire if that use has ceabed for a six month period.
Applicant should confirm if he wishes to apply for a conditional use
permit for guest house use.
Staff recommends approval of the lot line rearrangement division
application of William Ulrich and that the proposed subdivison is
subject to the subdivison regulations of the City because of the need
to resolve the hardcover excess. Approval is subject to the following
conditions:
Zoning File #1004
February 14, 1986
Page 4
1. Newly created par, to be combined with Ulrich homestead
parcel.
2. Applicant must either remove 1.7% of existing hardcover
within 75-250' setback area.
3. Applicant to decide if he wishes to apply for a conditional
use permit for guest house use of the accessory structure - City
would address the need for appropriate variance at that time.
Second story of garage structure may only be used for storage
and/or pool/changing room.
s
MINUTES OF THE PLANNING COMMISSION MHETING HELD FFBRUARY 18, 1986
#1003 HANS G. WEILER & DON KEMPF
1125 i 1135 NORTH ARM DRIVE
SUBDIVISION OF A LOT LINE REARRANGEMENT
CONTINUATION OF PUBLIC HEARING 8:04 - 8:20
Mr. & Mrs. Hans G. Weiler were present for this matter.
Zoning Administrator Mabusth explained the request for a
lot line rearrangement which was previously approved in
1972 in order to build a new house at 1125 North Arm
Drive but was never filed. Mabusth noted that. Parcel C,
which is actually a part of Lots 22 & 31, will be
acquired by Weiler. Mabusth explained that Lot 6 is
used as a riparian lot and staff recommends requiring an
open space easement over this lot.
Planning Commission reviewed with applicant the proposed
lot combinations.
There were no comments from the public and the public
hearing wa.; closed.
It was moved by Chairman Kelley, seconded by Goetten, to
recommend approval of the subdivision of a lot line
rearrangement subject to the following conditions:
1. Kempf to combine Lots 23, 30 and rearranged 22 &
31.
2. Weiler to combine Lots 20, 21, 321 33 with Parcel
C.
3. Weiler to execute special lot combination with
City formally approving riparian use of Lot 6 by
Weiler and recognizing special ownership
relationship (Lot 6 cannot be sold as separate
parcel).
Motion, Ayes 5, Nays 0.
ILLIAM ULRICH
4:4
;3�54
1595
BOHN'S POINT ROAD
SUBDIVISION
OF A LOT LINE REARRANGEMENT
CONTINUATION
OF PUBLIC HEARING 8:25 - 8:48
Representing Mr. Ulrich was his attorney, Gregory T.
Halbert. Also present in Mr. Ulrich's behalf were Mark
Gronberg, John L. Noble, and Don Brauer.
Goetten questioned why this application was being
submitted without the entire plan as requested by the
Planning Commission back in November. She stated that
she would not be willing to approve anything until the
total picture was presented for review.
3
MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986
#1004 WILLIAM ULRICH continued
Zoning Administrator Mabusth stated that the Conditional
Use Permit application was not before the Planning
Commission at this time, only a request for a lot l:L: e
rearrangement and that there is nothing in the ordinance
to prohibit application or consideration of the
subdivision as a separate application. Planning
Commission may take formal action to table pending
receipt of the conditional use permit application for
the illegal fill.
Zoning Administrator Mabusth briefly explained the
request and noted that each parcel appears to satisfy
the standards of the zoning district and staff
recommends approval of the lot line rearrangement.
Rovegno stated that he would like to see the entire plan
of the property but feels denial of this request would
be inapppropriate because it meets the standards
Chairman Kelley questioned how the Planning Commission
could recommend approval of subdivision when the
conditional use permit for fill has not yet been
satisfied.
Attorney Gregory Halbert stated that the subdivision
application is separate conceptually from the other
issues being dealt under the conditional use permit.
There were no comments from the public and the public
hearing was closed.
It was moved by Goetten, seconded by Chariman Kelley, to
table this matter until the April Planning Commission
meeting or until information needed is received.
M(-tion, Ayes 5, Nays 0.
#842 ROBERT ZIMMERMAN
3415 CRYSTAL BAY ROAD
VARIANCE - SECOND REVIEW
PROPERTY OWNERS RE -NOTIFIED
Robert Zimmerman was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request which was tabled in 1984 subject to applicant
revising his plans. He noted that applicant has revised
his plan to include a garage addition and proposes
removal of existing hardcover resulting in net increase
of 2.2% in 75-250' zone.
McDonald stated that she folt it would be a nice
addition to the neighborhood.
2
ZONING FILE NO. 1004
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 2/21/86
----------------------------------------------------------------------
TO: William Ulrich COPIES TO: Gregg Halbert
Angela Corp. 1500 Northwestern Financial Ctr
700 Shelard Plaza North 7900 Xerxes Ave. S.
Minneapolis, MN 55426 Minneapolis, MN 55431
----------------------------------------------------------------------
TYPE OF APPLICATION: Subdivision
----------------------------------------------------------------------
Date of Meeting: 2/18/86 Vote: 5 For 0 Against
Planning Commission recommends the following:
Tabled: For reasons noted below
NOTES AND SPECIAL CONDITIONS:
The Planning Commission refused to act on your subdivision of a lot line
rearrangement because of the unresolved grading & filling violations that
remain against the property. Please contact my office, if I can be of any
assistance in the preparation for the conditional use permit application.
-------------------------------------------------------- -------------
Applicant's next scheduled meeting is dependent upon receipt of additional
information. Deadline for the March 17, 1986 meeting is February 24, 1986
or March 28, 1986 for the April 21, 1986 meeting.
If the applicant has trouble obtaining additional information, please
contact the Zoning Department (473-7357).
If you desire certified copies of the official Planning Commission minutes,
they are available from the City Recorder after review and approval by the
Planning Commission.
TO: Kathleen Blatz, City Attorney
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: February 27, 1986
SUBJ: Ulrich Guest House
In my memo of 2/14/86, I advised that the conditional use permit
of 1981 for guest house use was no longer valid because the
kitchen had not 1)een constructed and the guest house use
discontinued for over 6 months. Mr. Ulrich has since advised
that the guest house was in use approximately 4 months ago. The
improvement of the second story pool/changing room area in 1981
did involve creation of bedroom and sitting room area, upgrading
of bathroom, and kitchen area was "roughed in". The guest house
served the previous owner in its present state without the
proposed kitchen.
There was no formal resolution drafted in 1981 granting the
conditional use permit. The motion to approve merely cited the
kitchen improvement zinc] not the other interior changes that
created the present guest house.
Staff would like you to respond to the following:
1) Can the existing guest house structure be used in its
present state by the new owner without a new conditional use
permit?
2) If the new owner wishes to install a kitchen, must
Ulrich obtain a new conditional use permit? we have never
required resident- to apple for new conditional use p-nrmits
whenever renovations or upgrading are planned for legally
recognized guest houses.
POPHAM. HAIK. SCHNOBRICH, KAUFMAN & DOTY, LTD.
MEMORANDUM
TO: Jean Mabusth
FROM: Kathleen Blatz
DATE: March 26, 1986
RE: Ulrich Guest Home
Staff requested that a legal opinion be issued in response
to the following two questions:
1. Can the existing guest house structure be usea in its
present state by the new owner without a new
conditional use permit?
2. If the new owner wishes to install a ki''-chen, must he
obtain a new conditional use permit?
ANALYSIS:
The property in question is in a LR-lB zoning district.
The City code requires that a conditional use permit be obtained for
any guest house in the LR-lB district. According to the facts as
set forth by City Staff in previous memorandum, the guest house in
question was authorized by a conditional use permit issued in 1981
and was used as a guest house u, to a- pr��xzm-;tely four months b,�fore
staff became involved in the issue.
The Orono City Code, S10.09, Subd. 9, provides that upon
lapse of use for a period of six months, the future use must be in
conformance with the terms of the zoning chapter. In this instance,
it appears that the disuse of the guest house did not meet the six
month criteria. Therefore, on the sinil- issue of lapse of use, the
City would not be correct in requiring I new conditional use permit
for continued use of the guest house.
The second issue regarding the validity of the 1981
conditional use permit centers on the fact that the kitchen has
never been completed and to this day, remains 'roughed in".
According to the memorandum from Jean Mabusth, gated February 27,
1986, the original conditional use permit was approved by a motion,
F
and not a formal resolution. The motion to approve cited the
kitchen improvements but did not condition the approval of the
conditional use permit upon the kitchen being completed.
The argument that the lack of kitchen invalidates the
conditional use permit is also not supported by the City Code's
definition of a guest house which reads ao follows:
510.?J, SUM. 3G.
Guest Houses. A separate dwelling
constructed on an existing undivided lot for
the sole use of the occupants of the principal
buildings, including their domestic employees
or their non-paying guests. All regular lot
requirements shall be met by the guest house.
The guest house definition does not specifically require that a
kitchen be included and any inference would be subject to
considerable question and debate.
Without a resolution or similar written instrument
documenting the City Council's intention to condition the 1981
conditional use permit on the kitchen being completed, the current
state of the guest house does not put the validity of thN
conditional use permit in question. It should be noted, however,
that any future structural alteration of the guest mouse by the
owner will necessitate a building permit and review by staff as set
forth in S10.07, Subd. 6, of the City Code.
CONCLUSION
1. Based on the facts as currently known to the City
staff, the owner may continue to use the guest house without
obtaining a new conditional use permit. The 1981 conditional use
permit is sufficient authorization for conditional use unless
further proof is offered that the guest house was in fact not used
for a period of at least six months.
2. Any further structural remodeling of the kitchen will
require a building permit but will not necessitate a conditional use
permit. This conclusion is used on the grounds that the original
conditional use permit was not conditioned on the inclusion of a
completed kitchen and that the City Code's definition of guest house
does not specify that a guest house must have a kitchen.
If you hav_. any questions regarding this issue, please feel
free to contact me.
KAB/ jk
444 31!
-2 -
MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986
#991 i #1018 ULRICH continued
Area 2 - approval of the completion of the
foundation drain into lagoon - applicant's engineer
to submit final plans designating elevation of
outlet into pond, erosion control, time of proposed
alteration.
Area 3 - denial of berming along the road and
complete restoration of road right-of-way and the
entire area restored to original state.
Area 4 - Approval of final grades proposed in site
plan revised dated 4/10/86 by Bruce W. Schmittt &
Associatep. Engineer Cook shall review feasibility
of creating a bowl or retention area within the flat
and h4.gher elevations of Area 4.
Area 5 - Staff and Engineer Cook to review
variations or discrepencies in elevations proposed
in building permit plans with those designated in
final site plan of 4/10/86 as noted by Planning
Commission.
- No hardcover within 0-75' (with exception of 3'X
75' path to lake - approx. 200 s.f. )
- Geothermal heating/cooling system and proposed
seawall will require separate cc: litional use
permits.
- Removal of existing house within 60 days of
removal of road restrictions.
Motion, Ayes 5, Nays 0.
#1004 . J. ULRICH
1535 i 95 BOHN'S POINT ROAD
MASS I SUBDIVISION OF A LOT LINE REARRANGEMENT
SECOND REVIEW
Zoning Administrator rfabusth explained the request for a
lot line rearrangement - Parcel A 4.97 acres and Parcel
B 2.67 acres - both parcels satisfy the LR-lB lot
standards.
It was moved by Criairman Kelley, seconded by Taylor, to
recommend approval of the Class I Subdivision of a Lot
Line Rearrangement as proposed subject to the following
staff recommendations:
1. Grant conservation and flowage easement over pond
and drainageway areas to be designated as drainage
easements on the plat.
2. Removal of 207 s.f. of hardcover within the 75-
250' setback area within Parcel B.
0
MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986
i1004 ULRICH continued
3. If Lot B is divided in the future, the following
directives shall apply:
a) conditional use permit for guest house use is
no longer valid
b) only 1 lot can be riparian to Lake Minnetonka
c) both lots must satisfy current zoning
district standards and hardcover standards
Motion, Ayes 5, Nays 0.
#999 EVAN MRLINE/BENNRTT BELDEN
3598 NORTH SHORE DRIVE
VARIANCE
CONTINUATION OF PUBLIC HEARING
Evan Meline and Ben Belden were present for this matter.
Assistant Zoning Administrator Gaffron explained the
reque 3t to build a n-w house on a substanda d lot was
tabled at the December Planning Commission meeting
pendi►Zg the outcome of applicants acquisition of some
additional property from Hennepin County.
The applicants stated that the price Hennepin County is
asking for the property is extremely high and based on
that fact, they will not be able to buy the property.
Mayor Butler stated that she spoke with Dave Swanson of
Hennepin County regarding the "exorbitant asking price"
for this piece of property. Hennepin County indicated
that the reason the price is so high is primarly because
it could be added to the adjacent substandard lot for a
buildable lot. She noted that the auction has not yet
been held and Mr. Swanson indicated that applicants
might be able to make an acceptable "low ball" offer.
Applicants indicated that they may pursue the
acquisition of the property from Hennepin County in the
future but at this time request the Planning Commission
to consider their proposal without the additional
property.
Assistant zoning Administrator Gaffron explained
the problem of dry buildable area. He reviewed the
variances requested, being: lot area & width; street,
side (left), and lakeshore setbacks; hardcover in the 0-
75' and 75-250' zones; structure in the 0-75' zone; and
fill/structure below 931.5'.
Chairman Kelley stated his opinion was the same as in
December, that this was not a buildable lot.
McDonald noted that the previous existing cottage had
been vacant for at 1 : 20 years.
5
ZONING FILE NO. 991, 100 6 1018
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 4/29/86
-----------------------------------------------------------------
TO: William Ulrich COPIES TO• Tom Humphrey
John Noble 1500 NW Finance Center
Angela Corporation 7900 Xerxes Avenue Sul."'i
700 Shelard Plaza North Minneapolis, MN 554<1
Minneapolis, MN 55426
-----------------------------------------------------------------
DATE OF MEWING: 4/21/86 VOTE: 5 For Against
Planning Cosseission recomends the following:
XX Approval: Subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
Application 11004
To approve William Ulrich's application of a Class II sub-
division (formal plat) of a lot line rearrangement subject to the
following conditions:
1. Grant Conservation 6 Flowage Easement over pond and
drainageway.
2. Removal of 207 square feet of hardcover within the 75-
250' setback area within Lot B - prior to gounci 1 meeting
applicant must provide site plan of Lot B locating portion
of patio area to be removed prior to final subdivision
approval.
3. If Lot B is divided in the future, the following
directives shall apply:
a) Conditional use permit for guest house use is no
longer valid.
b) Only 1 lot can be riparian to Lake Minnetonka.
c) Both lots must satisfy current zoning district
standards and hardcover standards.
Applications 991-1018
Joint "after -the -fact" conditional use permits were Approved
subject to the following conditions (refer to staff sketch
attached):
AREA 1 - approval the filling of top soil or smoothing out.
of elevations along the lagoon.
ZONING PILE NO. 991, 1004 & 1018
Date of Notice: 4 29 86
Page 2 of 2
------------------------------------------------------------------
AREA 1 - approval of the completion of the foundation drain
into lagoon - applicant's engineer to submit final plans
designating elevation of outlet into pond, erosion control,
time of proposed alteration.
AREA 3 - Denial of berming along the road and complete
restoration of road right of way and the entire area
restored to original state.
AREA 4 - Approval of final S-ades as proposed in site plan
revised on date 4/10/86 by Bruce W. Schmitt & Associates.
Glenn Cook, City Engineer, shall review feasiblity of
creating a bowl or retention area within the flat and higher
elevations of Area 4.
AREA 5 - Planning Commission noted variations or
discrepancies in elevations proposed in building permii
plans with those designated in final site plan of 4/10/86.
Staff has reviewed both plans and can find no descrepancies.
Staff will ask the City Engineer to respond prior to the
Council meeting of May 12th.
ATTENTION: John Noble
Please contact Jeanne Mabusth concerning additional copies
of plans for Council agenda.
-----------------------------------------------------------------
Applicant's next scheduled meeting is confirmed as:
Council May 12, 1986
If you desire certified copies of the official Council
minutes, they are available from the City Recorder or City Clerk
after review and approval by the City Council.
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To: Mayor Butler,
Mark E. Bernhardson, City Administrator
Orono Council Members
From: Jeanne A. Mabusth, Zoning Administrator
Date: May 5, 1986
Subject: #1004 William Ulricl^, 1535 Bohn's Point. Road -
Preliminary Subdivision
Zoning District - LR-lB
Area - 7.64 (.48 acre pond ,a)
Pertinent Ordinances:
1. Section 11.03, Subdivision 2 Definition (C) Class III Subdivision
requires platting.
2. Section 10.22• Subdivision l Hardcover Standards.
3. Section 10.24, Subdivision 3 Conditional Use Permit for existing
quest house.
List of Exhit .ts
Exhibit A - Application
Exhibit B - Property Owners List
Exhibit C - Planning Commission Minutes 9/21/81
Exhibit D - Council Minutes 10/14/81
Exhibit E - Staff Memo to Blatz
Exhibit F - Blatz Memo
Exhibit G - Preliminary Plan
Mr. Ulrich proposes a lot line rearrangement of his residential
properties at 1535 & 1595 Bohn's Point Road totaling 7.64 acres in
area. As shown 1535 (most northern lot) will consist of 4.97 acres
and 1595 with 2.67 acres (.48 acres of wetlands).
The proposed pat -eels appear to satisfy all standards of the LR-IB
zonig district.
Existing structures meet all required setbacks from the newly
proposed dividing line. Per Section 10.22, Subdivision 1, an excess
of 1.7% or 207 square feet of hardcover exists on most southern lot.
Applicant has opted to remove the excess hardcover rather than
realigning the lot line to provide- additional area to offset excess.
The current quest house structure was on qi na 1 1 v a garage with a
second story that functioned as a cabana/pool hour,.. The conditional
use permit (Exhibit.s P & E) was required becaust. owner wanted to
i nsta 11 a k i tchen. The structure already contained a ►:gat hroon and
changinq room;. The kitchon was never added to the structure.
Zoning File #1004
May 5, 1986
Page 2 of 2
Review Exhibits E & F. The conditional. use permit for the guest
house is still valid. In order to maintain the integrity and intent
of the original conditional use permit issued for the guest house in
1981 this current division must be approved with conditions that must
address the following:
1) If Parcel B is divided in the future, the conditional use
permit for the guest house will no longer be valid.
2) If Parcel B is divided in the future, only 1 parcel would
satisfy riparian lot standards.
3) If Parcel B is divided in the future, both lots must satisfy
current zoning standards and hardcover standards.
The applicant is fully aware of the implications of these
conditions and wishes to proceed with the current proposal.
The City will ask for a Conservation & Flowage Easement over the
pond and drainageway that intersects both properties. The pond and
drainageway must be designated as drainage easements on the final
plat.
Planning Commission Recommendation
To approve the lot line rearrangement Class III subdivision
application of William J. Ulrich finding all standards of the LR-1B
zoning district have been satisfied subject to the following
conditions:
1. Conservation & Flowage Easement over pond and drainageway.
2. Applicant to re►nove 207 square feet of patio area on southern
lot per s..etch submitted by applicant. - removal to be completed
prior to final plat approval.
3. Future owner of southern lot with total of 2.67 acres is
placed on notice that if the subject property is divided in the
future, the following directives shall apply:
a) Conditional use permit of 1981 for quest house use is no
longer • lid.
b) 1. lot shall qualify as riparian to LoKe Minnetonka.
c) Both lots must satisfy current zoning standards for new
lots and hardcover.
The enclosed staff resolution has h en drafted per the directives
set forth in the Planning C'ommissicn recommendation.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1
A RESOLUTION GRANTING
PRELIMINARY PLAT APPROVAL FOR
A PROPERTIES LOCATED AT
1535 i 1595 BOHN'S POINT ROAD
APPLICATION NO. 1004
WHEREAS, William J. Ulrich, on December 19, 1985, filed a
formal subdivision application with the City for approval of a lot
line rearrangement of properties lega'ly described as: Lots 1 and 2,
Lydiard's Park, Lake Minnetonka; (here. rafter "the property"); and
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning
and Subdivision Codes, the Orono Planning Commission held a public
hearing on February 18, 1986, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, at their regular meeting held on May 12, 1986, the
Orono City Council considered the subdivision application of William
J. Ulrich (hereinafter "the applicant") citing the following findings
of fact:
1. The property is located within the LR-lB Lakeshore
Residential Zoning District requiring a minimum of 1 acre of area
within each newly created lot.
2. The property has a total of 7.64 acres of dry land, .48 acres
of which is a pond area.
3. The most northern lot contains 4.97 acres of dry lands. The
southern lot contains 2.19 of dry contiguous lands and a pond
area of .48 acres.
4. The new shared lot line shows that both lots satisfy all LR-
1B lot width standards; each lot satisfies the street frontage
requirement of 140 feet.
5. All existing structures meet the required setback from the
newly proposed dividing line.
6. There is an established residence on each lot; the most
southern lot contains a detached garage with a second floor
converted to a guest apartment.
7. Council approved a conditional use permit for quest house use
on October 14, 1981.
Page 1 of 3
City of OR,ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1987
8. The southern lot as proposed satisfies all lot standards for
a principal residence and guest house unit.
9. If the southern lot is divided at some future date, the
conditional use permit for guest house use shall not be valid.
10. If the southern lot is divided at some future date, one lot
shall be riparian to Lake Minnetonka.
11. If the southern lot is divided at some future date, the
proposed lots must satisfy all current zoning and subdivision
standards of the City.
12. The southern parcel is already in excess of the allowed 25%
percent of hardcover. Applicant shall remove 1.7% or 207 square
feet of patio area , -, final subdivision approval.
13. The easterly portions of both properties drain into the pond
located in the southeast corner of the southern lot. The local
drainageway and pond must be protected from uncontrolled or
unapprDved alterations.
14. The final plan must designate the drainageway and pond as
drainage easements. The City will ask for a Conservation 6
Flowage Easement over the drainage easements.
NOW, THEREFORE BE IT RESOLVED, that based upon either one or
more of the findings noted above, the City Council of the City of
Orono hereby approves the preliminary plat for William J. Ulrich at
1535 & 1595 Bohn's Point Road per the preliminary plat drawings by
Coffin and Gronber.g, Inc. dated December 9, 1985, subject to the
following conditions:
1. The drainageway and pond area mu&t be designated as drainage
easements (15' minimum width for drainageway). Applicant to
execute Conservation & Flowage Easement over the designated
drainage easements on the plat.
2. Applicant must remove 207 square feet of driveway area on
southern lot per Exhibit A attached herewith.
3. Future owner of southern lot is placed on notice that if the
subject property is divided in the future, the following is noted
by this City Council:
a) The property already contains 25• of the allowed amount
of hardcover.
b) The conditional use permit for guest house use would no
longer be valid.
Page 2 of 3
40
Based on
specifically
one riparian
City of OR,ONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 1987
the lot width standard for lakeshore lots,
the LR-1B district, this property qualifies for
lot.
The following list of final submittals must be submitted to
the Zoning Administrator two weeks prior to the regularly scheduled
Council meeting on the second and fourth Mondays cf the month:
1. RECORD PLAT drawings in the forin of two (2) myl.ar copies and
(three (3) mylars if property is t.orrens property) and one (1)
additional copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary plat drawings by
Coffin and Gronberg, Inc. dated December 9, 1985.
b) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines.
c) Designate drainageway and pond area as drainage ease-
ments. Minimum width of drainage easement is 151.
d) Shoreline of Lake Minne'Conka.
2. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. A11 owners,
mortgage holders or others with property interest indicated
therein shall sign the plat and all other documents affected
by such interest.
b) The applicant must provide certified copies of all
recorded easements currently affecting the property.
c) Executed Conservation and Flowage F.ase:.}ent (see sample
attached); legal description to be f i l le.l out as fol iows:
"as shown as the drainage easements appearing on the plat of
(Plat name), Hennepin County, Minnesota"
3. FEES TO BE PAID: Total Due $300.00
Legal and Administrative review and filing fees per current
schedule: $150.00.
Final plat fee: $150.00.
Adopted by the City
at a regular meeting held May
ATT &T:
C ty ClerkV
Council of the City of Orono, Minnesota
12, 1986.
t
Mayor
Page 3 of 3
MINUTES OF THE RRGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986
#991 i #1018 ULRICH continued
Mayor Butler stated that the Council has the right to
place a limitation on the height of the berm because
they need a conditional use permit to have the berms.
She noted that the current zoning code does not allow
anything along the road higher than 3-1/2'.
Mr. Humprhey stated that if that is the City's intent to
include berms then it should be stated as such, which
the code currently does not.
It was moved by Councilmember Frahm, seconded by
Councilmember Adams, to direct staff to draft a
resolution stating:
A)
Area 1 - approval of conditional use permit for
lagoon area alterations as proposed
Area 2 - approval of the foundation drain subject to
City establishing standards and guidelines
consistent with the established environmental
policies of the city
Area 3 - berms restricted to 3-1/2' in height which
coincides with fence ordinance and that no fence be
allowed on top.
Area 4- approval of c-.elitiona 1 use permit for fill
between former property lines as proposed
B) subject to submitting a letter of c•- _. iit for the
landscape plan and developers agreement with
completion date.
r\ Motion, Ayes 4, Nays 0.
6#1004 MILLIAM J. ULRICH
1535 i 1595 BOHN'S POINT
PRELIMINARY SUBDIVISION
RESOLUTION #1987
ROAD
CLASS II
City Administrator Bernhardson explained the the
proposed lot line rearrangement, of the applicant's
residential properties., satisfies all standards of the
LR-lB zoning district.
Zoning Administrator Mabusth stated that the proposed
resolution should be amended, under Conditions item #2
to read: Applicant must remove 207 square feet of
driveway area on southern lot per Exhibit A attached
herewith.
It was moved by Councilmember Frahm, seconded by
Councilmember Adams, to adopt Rc,soluticn #1487 granting
preliminary plat approval as amended. Motion, Ayes 4,
Nays C.
ZONING FILE NO.1004
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 5/13/86
-----------------------------------------------------------------
TO: Wm Ulrich COPIES: Mark Gronberg
John Noble
Angela Corporation
700 Shelard Plaza Nor-,-h
482 A Tamarack Avenue
Long Lake, MN 55356
Minneapolis, MN 55426 Tom Humphrey
1500 NW Finance Center
7900 Xerxes Avenue South
Minneapolis, MN 55431
------------------------------------------------------------------
TYPE OF APPLICATION: XX Subdivision
-----------------------------------------------------------------
DATE OF MEETING: 5/12/86 VOTE: 4 F'oz 0 Against
COUNCIL ACTION - MOTION:
The enclosed resolution has been amended as staff noted at
the meeting - driveway area rather patio area will be
removed prior to final plat approval - please make arrangements
for staff to inspect the site when the removal_ is complete.
I have once `gain enclosed a copy of the Conservation 6
Flowage Easement to be executed by applicant and submitted with
final plat submittals.
----------------------------------------------------------------
Deadline Date: May 12, 1987
. 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.
(LLGALU6)
FLOWAGE AND CONSERVATION EAS04ENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this yth day of
June, 1986 by and between William J. Ulrich, his
heirs, assigns, successors [hereinafter
collectively referred to as the Grantor(s)] and the City of
Orono, its successors and assigns, a municipal corporation under
the laws of the State of Minnesota (hereinafter referred to as
the Grantee).
WITNESSETH, Grantor(s), for and .in consideration of the
sum of One Dollar ($1.00) and other valuable consideration,
hereby covenant, grant, gift, quit claim and convey to Grantee
the right to restrict and Grantor(s) agree to limit and preclude
the use, improvement and development, under th_ conditions and
covenants herein contained, of the following described Land in the
County 3f Hennepin and State of Minnesota:
The drainage easements across Let 2, 3;ock t, BETH AND BRIDGET, as
shown on the recorded plat thereof,
as follows:
1. Grantor hereby states and Grantee hereby acknowledges
that a hard -surfaced driveway presently exists over the
Land, and the Grantee agrees that the Grantor may
maintain, repair, service, snow plow, and replace said
driveway, and may maintain and or replace trees,
shrubs, and other vegetation along the driveway rer
the Land in a reasonable manner consistent with. _ne
care and maintenance provided to the Land along said
driveway, and Grantee further agrees that a fence may
be installed across the northerly boundary of said
easement.
2. Grantor hereby covenants and agrees except as stated in
paragraph 1 above:
A. No structures shall be constructed, erected, or
placed upon, above, or beneath the Land includinc
without limitation, fireplaces, steps, docks,
piers, hardcover or roads of any nature
whatsoever, or any other structure or improvement
inconsistent with the natural state of the Lund.
H. No trees .)r vhru?;,� shall be destroyed, cut or
removed from the Land except as authorized by
written consent -)f Grantee.
C. No earth, loam, peat, gravel, soil or any other
natural material or substance shall. be moved or
removed from the Land and there shall be no
dredging or excavation of any nature whatsoever or
any change of the topography of the Land without
the written consent of the Grantee.
D. No soil, sand, gravel or other substance or
material as landfill shall be placed, dumped or
stored upon the Land and no waste, trash or garbage
shall be placed, dumped or stored upon the Land.
E. No use shall be made of the Land except uses, if
any, which will not change or alter the natural
condition of the Land, and no use which would tend
to change the drainage, flood control, water
conservation, erosion control, soil conservation,
fish and wildlife habitat characteristi=s shall be
made of the Land or the water situated thereon.
F. Grantee may Winter upon the Land for the purpose of
inspection and enforcement of the covenants
contained herein and to cause to be removed from
the Land without any liability any structures,
uses, materials, substarces, or unnatural matter
inconsistent with the covenants contained herein
and the natural state of the Land, upon reasonable
written notice to Grantor of at least three days.
3. Grantoi(s) hereby grant, gift, quit claim and convey to
Grantee, a perpetual flowage easement and right and
privilege to trespass with water over and upon bny or
all of the Lard.
4. Crantor.(s) herein do hereby remiss, release, acquit and
forever discharge, forever, the Grantee and any and all
of its officers and employees of and from any and all
claims, demands or causes cf action of any kind or
nature whatsoever which may arise or accrue by virtu,^
of any flowage or trespass with water within terrr.s of
these agreement.
In addition to any other remedy the parties hereto may
have, the covenants and restrictions contained herein may be
enforced by injunction.
Grantor(s) do not intend that the public should have
any interest in the above Land by virtue of this indenture or
otherwise, except as hereinabove set forth.
The Grantor(s) herein certify that the Land herein
described are free and clear of all encumbrances except:
All provisions hereof shall run with the Land and shall
extend to and bind the heirs, successors, representatives,
grantees or assigns of the respective parties --hereto.
it iam J Ulrich
STATE, OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
On this 4t1i day of .Jwle , 19 Hf) ,
before me, a Notary Public within and for said County and State,
personally appeared William J. l'lrich —
known to me to be the person(s) described in and who executed the
foregoing instrument, and acknowledged that they executed said
instrument as their own free act and deed.
o'1111RIPi�iHl/�i0i�
Noo Go" NOTARY 7rlq-,/
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State Deed Tax Due Liereon: Exempt
This instrument was drafted by:
POPHAM, HAIK, SCHNOBPICH, KAUFMAN & DOTY, LTD.
4344 IDS Center, Minneapolis, MN 55402
(612) 335-9331
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LARKIN, 11(t rNIAN, DALY
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2000 PIPER JArrRA• TOWER
7900 OERRES AVENUE SOUTH
222 SOUTH NINTH STREET
BLOOMINGTON. MINNESOTA SS431
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE 612 63S 3600
TELEPHONE 612'338-6610
TELECOPIER 612 63S StO2
TELECOPICR 612 336 1002
REP,, TO
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
An'N: Engineerinq Department
Bloominqton
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Re: 1535 & 1595 Bohns Point Road, Orono, Minnesota
Gentlemen:
I enclose our title opinion for the ahrve-named property for your use
in connection with the proposed lot splik.
If yo have any further questions concernlnq the ah)ve, please do not
hes�rfa►te to contact me.
y:ncep-Iy,
/ Tt>hma,, P. Stoltman, f,)r
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222 SOUTH NINTH STREET
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Auqust 3, 1986
City of Orono
1335 South Brown Road
Orono, Minnesota 55391
Re: Title Opinion - 1535 and 1595 11ohns Point Road, nrono, MN.
Our File No. 9764-05
Gentlemen:
At your request, we have made an examination of the abstracts of title
of the. following dese `+ed real estate, situated in the County of.
Hennepin, State of M i I.l,esota :
Lots 1 and 2 "Lydiard's Park," Lake Minnetonka.
The abstracts of title contain 95, 91, and 12 entries, are certified
to June 13, 198E at 7:00 a.m., and contain certificates of various
abstractors for searches to said date for judgments, federal and state
tax liens, bankruptcy adjudications, ant' current and delinquent real
estate taxes.
Assuming that the abstracts and ct,�rtificatNs are true and correct, it
is our opinion that on the date last mentioned, the title to said real
estate was vested in:
William J. ►1lrich, also known as William tilrich, who iy
married tt) Mary A. !uric').
subject to the fol rr)winq:
1. Rights, it :any, of thf- pai t ies to ;)()ssesssi()n ,itht.r than <;aid
owner%.
LARKIN, IlOFFMAN. DALY & I.1ND(;12EN, I:rl).
City of Orono
August 8, 1986
Page 2
2. Any and all unpaid installments of special assessments which may
be levied upon or pendinq aqainst said premises.
3. Mechanic's lien rights, if any, for labor or materials furnished
for improvements on the premises which are in process or have been
completed on the -ises since one hundred twenty (120) days
prior to June 13
4. 7.oninq, building, iid subdivision ordinances and requlations.
5. heal estate taxes for the property due and payable in 1986 in the
amount of $16,405.48 and $13,442.94 are one-half paid. The
Property Identification Numbers assigned to the property are 08
117 2344 0012 and 08 117 2344 0013.
6. Security interests in crops or fixtures under Chapter 336,
Minnesota Statutes, not appearinq in the abstract.
7. Mortgage in favor of Banco Mortgage Company from Gerald A. Stone
and Stephanie A. Stone dated August 22, 1980, filed August 26,
1980, as Document No. 4583822 in the original amount of. $200,000
which was assigned to First Federal Savinqs & Loan Association of
Lincoln, dated September 19, 1980, filed October 1, 1980, as
Document No. 4592584.
Some of the lanquage used in this title opinion is of necessity
technical in nature. If you have any questions concerning this
opinion or any matter regarding this transaction, please feel free to
call me at any '.1me.
Sinc e
Th s P. Stoltman, for.
KIN, HOFFMAN, DALY & L.1NrX.;REN, Ltd.
mt
('C Mr. Wi I I i A m .1. Ulrirh
,rp;:HM4
� SEP ► 81
September 16, 1986
CITY OF ORONO
Ms. Jeanne Mabusth
P.O. Box 66
Crystal Bay, MN 55322
Dear Ms. Mabusth:
Enclosed is total of $300.00 for the legal and administrative review fee
of $150.00, and the final plat fee of $150.00, per your request for the
finalization of the William Ulrich property subdivision.
Sincerely,
"John
John Noble
Project Coordinator
Contact Phone: 541-9344 ext. 560
JN:gc
Enclosure
TO: Mayor Butler
Mark Bernhardson, City Administrator
Orono r-uncil Members
FROM: Jeanne A, Mabusth, Zo-ing Administrator
DRTB: September 17, 1986
SOBJ: 11004 William Ulrich, 1535 Bohn's Point Road -
Final Subdivision - Resolution
As noted in the approving resolution of the final plat, the
applicant has fulfilled all requirements of Resolution #1987
granting preliminary approval of the plat. The appropriate
conditions from that same resolution have been restated in the
resolution granting final approval, specifically condition (1).
Staff recommends final approval of the plat, Beth and Bridget,
subject to the findings and conditions set forth in the enclosed
resolution.
City of ORC)I' O
RESOLUTION OF THE CITY COUNCIL
> NO. 04c
A REZOLUTION APPROVING THE PLAT OF
BET?i AND BRIDGET, A SUBDIVISION OF
A LOT LINE REARRANGEMENT
FILE NO. 1004
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted sub-
division regulations for the orderly, economic and safe development of land
within the City; and
WHEREAS, the City Council has considered the application for a
subdivision of a lot lire rearrangement by William J. Ulrich, the
subdivider; and
WHEREAS, the subdivision has been found to meet all standards of
the LR-1B zoning district finding that each lot is of a size and configura-
tion that will allow its continued use as a single fa;rily residence to be
fully developed without t`:e need of �-,r.y variances; and
WHEREAS, the subdivider has completed all requirements of the
platting regulations of the City, including:
1. Completion of all the requiremen—, cf Resolution No. 1987.
2. Dedication o: Drainage and Utility Easements.
3. Dedication to the City of a Flowage and Conservation Easement
providing for limitations on the use of wetlands and/or drainageways
described therein and shown on the plat as "drainage easements".
4. Payment to the City for the legal review and filing of the plat
easements and covenants in the amount of $150.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of t. ::ity
of Oror , hereby approves the plat of Beth and Bridget, Hennepin County,
Minnesota; subject to the following conditions:
1. Owner of Lot 2 is hereby advised that if the s4 property is
divided in the future, the following is noted by this ncil:
A) The property currently contains 251 of hardcover or the
allowed amount of hardcover for a property located within a
Lakeshore Residential Zone.
Page I of 2
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 041
B) The Conditional Use Permit for g se would no longer be
valid.
C) The subject property qualifies for one riparian lot based on
lot width standards for lakeshore lots within the LR-lB Zoning
District.
2. The aforesaid plat ,hall be filed by the City of Orono with the
Hennepin County Registrar of Titles or Recorder's Office on or before
March 22, 1987 together with a certified original copy of this
Resolution and executed copies of the documents noted above.
The approval granted by this Resolution shall expire if the plat
has not been filed by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono for subdivision
review.
Dated this 22nd day of September, 1986.
ATTE T:
Dorothy M.(7
.( a111n, City Clerk
V _ �
A!ry C � Butler, Mayor
TimoP Adams, Acting Pryor
Page 2 of 2
ZONING FILE NO. 1004
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 9 '6/86
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TOs Wm Ulrich COPIES TO: Greg Halbert
John Noble 1500 NW Finance Center
Angela Corporation 7930 Xerxes Ave So.
700 Shelard Plaza North Minneapolis, MN 55431
Minneapolis, MN 55426
TYPE OF APPLICATION: XX Subdj: -ion
DATE OF NRETING: 9/22/86 VOTE: 4 ' Against
COUNCIL ACTION - NOTION:
To approve the final plat of Beth and Bridget subject to
the Sings and conditions set forth in the enclosed resolution.
The t will be filed by the City Attorney's office within the
next 10 days.
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If you desire certifi• •-opies of the official Council.
minutes, they are available L...; the City Recorder or City Clerk.
after review and approval by tiie City Council.