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HomeMy WebLinkAbout Project PacketDOLLARS CITY OF ORONO P.0 BOX 66 (A \1 R.M. Rl.Cl IPT CRYSTAL, BAY, '.4N 55323 TELEPwl^:F 47*1 735P, 40 z oll Receiv o s !! 4) - - — - -- Af -.4 Vol Ck CITY OF ORONO NOT f CF. The Planning Commission will hoi(' a Public Hearing in the Council Chambers at 1275 South r• nwr, 1<oad .)n Monday, Novemb(r 18, 1985 for the public revi of the following Ian' use applications: 1. Robert J. Daum n, 1040 Tonkrawa 12cad - Hardcover and average lakeshore Fetback variances to ccnstruct an enclosed swimming pool. 2. 1988 James E. Merte:., 237 Casco Circle - Lot area and lot w tt variances to construct a new residence. 3. 4989 Hen:t�pin County Department of Transportation, He.ndriek"n Lake Access (County RoA 51 between County Road 19 and County 1(oad 135) - Conditional use permit for construction of seawall. 4. .t9_90 ward Ferrell, 341 -3415 Wdtertown Road - Lot area ar id width variances to co, struct residences on substandard adjac nt parcels. 5. M991. William Ulrich, 535 Bohn's Point Road - After- the=�A'et` conditional usta ermit for filling and gradinq within 75 feet of the lakes are. 6. #992 City of Orono, Ct my Road 15 at Spates Avenue - Conditionai use permit fo grading and fillino within 75 feet of the shoreline at th , public access. /. N993 Tonka Transmit ion, 1960 Shoreline Drive - Amendmcnt of conditionLI us permit for service station and transmission -,hop operation A. i994 Frank Kokesh, 4100 Watertown Road - Conditional use {termit. for commercial ridinq stable operation. Ail persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Flans are ava-Aanle for review in. the City officers. City of Orono By: Planninq Commission • f Mic ael P. Caffron, AsR staint 7.oninq Administrator To be published the week of NovemtK-r 4, 1 98 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO 1 I, Amy Klaers, of the City of Orono, Hennepin County, Minnesota, dad hereby certify that a Notice of Public Hearing concerning (991 as mailed to the attached list of property of owners on November 5, 85. In Witness Whereof , I have hereunto set my hand and seal or. this fifth day of November. Amy Klaers (;I f � T1G! 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P%W" Cwo'+oror 1-lf - r Us""W' Asetelent ?W" 6 Adfn—o, of V40% tw w fft lMI 04 /1• VW IBM 1M"1 �lII Nov -gam Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm. being duly sworn, on oath says that he 1s an authorized agent and employee of the publisher of the newspaper known as THE L AKER. Mound, Min- nesota, and has full knowledge of the facts which are stated below A ► The newspaper ftas complied with all the re- quirements constituting qualifications as a qualified newspaper, as provided t ,,, Minnesota Statute 331 A 02. 331 A 07. and other applicable laws. as amended B I The printed which is attached was cut from the columns of said newspaper, and was printed and pubished once eacn week for / succe&%ive weeks It was first published Tuesday. the day Of A/, r,1 19 and was thereafter printed and published every Tuesday, to and including Tuesday. thfr day of 19 Authorized Agent '.uhscrthed and sworn to me on this t t ✓ C 11ay of By A - Notary Pubs,;: RN• IniNinv OOR 1 i l w."St c faythed r,O- 1%&d by L-omrtw, r w1 ,-SWS kV rcxnperahk, uwce So VO Per -rich rate 40owec1 Dv tow 1nr e0Ove +hotter N 13 Pw r Cf1 4!0., *-tuafiy 0WOO i f,X /©ove mattet 64 1.1 per wx-11 f,n.t, ,v"f;w,,P J"CC•YMve *0*7 ll IS t4orth 5 10.02 11. "Boardinghouse" - A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. 12. "Building" - Any structure having a roof which iay provide shelter or enclosure of persons, animals or chattel, and when sari structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate build713. . "Building Height" - The vertical distance from the elev-,tlon of the adjoining ground level to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof, to the uppermost point on a round or other arch type roofs to the mean distance of the highest gable on a pitched or hip roof. 14. "Bulk Station" - Distributors warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. 15. "Carport" - An automobile shelter having one or more sides open. 16. "Cellar" - That portion of the building having more than one-half of the floor -to -ceiling height below the average grade of the adjoining ground. 17. "Commercial Kennel" - Pny premises where three or more domestic animals over six months of age, are owned, boarded, bred or offered for sale. 18. "Commission" - The Planning Commission. 19. "Dwelling" - A building or one or more portions thereof designed or intended to he occupied exclusively for resi- dence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. 20. "Dwelling -Attached" - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. 21. "Dwelling -Detached" - A dwelling which is entirely surrounded by open space on the same lot. 22. 'Family" - An individual, or two related by blood, marriage or adoption, living l housekeeping unit; or a group of not more than related, maintaining a common househcld. or more persons each together as a single four persons not so ORONO CC 243 (4-1-84) t4);kLto V�NNC PDaiti 1EO c \F pipe ao% Vp P (Iva D N \5 ti- � 1�r`.��k1!iDf q��P J �PIN- 10 _, ' t10NF0 tZ� ���E A11IV -t*g f'pE�R C` 0�0 r v 'Mil i CASZ:I I O a I m I 2 I w� Z S' 8 DATUM II 0 5 MORE THA!/ i t� A CASE II DETERMINATION OF BUILDING HEIGHT IN FEET (SEC. 409) 41 g 10.02 23. "Family Dwelling -Multiple" - Any structure made up of two or more attached dwellings. 24. "Garage -Private" - A detachc-d accessoey building or portion of the principal building, including a carport, which is used primarily for storing pas3enger vehicles, trailers or one truck of a rated capacity of not more than one and one-half tons. 25. "Farm (Crop)" - A parcel of land comprising an area of ten or more acres that are in agricultural use. 26. "Farm (Stock)" - A parcel of land comprising an area of ten acres or more that is used to house and feed six or more animals or for the raising of food. V/ 27. "Ground Level" - The average elevation of the finished ground surface measured within five feet of the foundation of a building, except ground level related to height of building shall be measured at center of building facing the front of the lot. 28. "Guest House" - An accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements shall be met by the quest house. Source: Municipal Code Effective Date: 9-14-67 29. "Hard Cover" - Any structure, bla,ktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Source: Ordinance Na. 172 Effective Date: 1-1-75 30. "Home Occupation" - Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure only, when evidence of the occupa- tion is not visible from the street. No signs other than those permitted in "R" Districts ari present, no excessive stock in trade is stored on the premises, over the counter retail sales are not. involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession when such ,leneral practice Will involve the need for more than three --)f f - street parking spaces for the occupant and visitors. OR040 Ct' ,44 I )'INF_ Im F_ l.si il_t'_VWqLN(4 IRV 1"OlkA ftW FL r>T" T . " " 1. *1 Ob ^'L SA 17" rl6lok N - _.-I- - ii rovi, "n r:, ow" Aq,.: MRMit 1p+ arw tAl.l3 rA.11 adwAm 5DUCE W. 60 17450 WAYI.ATA nOUL MINWETOURA. MINK601 �—a4 15QUCE W. (SCHMITT 12450 WAYZATA BOULCVARD MINNETONKA. HINK60TA 55345 (612) 545-0405 �A Q �;vEwM•� "41r - i Q t- I Cr of !'!-�,N'�1► q+t.s!' N10 A . m C HITECT& y CITY OF ORONO INSPECTION NOTICE PERMIT NO UA I I I IMt. CAI 11() IN SCNE OUt 1 1)40) COMPL I I 1 U ADDRESS ,��, �,,', J "r Lam! OWNER _ . CONTR . TELEPHONE NO. FOOTING. t; PLUMUING RI '-7 ITE INSPECTION (I FRAMING :.l Kit CHANICAL EXCAV /GRADING/FILLING '7 INSULATIuty (J WATER HOOKUP 7 KESHOREIWETLANDS A WALL OD 'l ME TER SETITURNON ;_l LICENSING I . F INAL I SE WE HOOKUP ' 7 COMPLAINT l PROGRESS 1 SEPTIC INSTAL LI FOLLOW UP 7 DEMOL ; SEPT IC MAINT '; SEPTIC FINAL FIRE PRE V Wf 1 l tEST PUMP F IREPLACE'WOOD BURNER O - COMM E N T S :` i&V74 'WORK SATISf ACTC)Hv PH()CElU I PHOTO TAKEN "l CORRE cT WORK i PROCE ( D .)CORRECT WORK CAL L1:0#4RE1NSPECT11)NptFORE COVtRIN( [] CORRt!CT 04SA►E CONDITION WITHiN HOURS INSf P (_T()q WILL RETURN [ISTOPORDER"TED CAIA INSPECTOR [.I I143PECTK)NNFot(IRf U CAI I. TO AFi F1A`V,F A- rt rr Cali for the next Inspection 24 hours In ativance Owner ./Contr on site Inspwtor !` %r x J ` e13'1357 . 4�J+Oel* . MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD Of IMM140E11 David M Cochran flies . Alpert L ! enman , Jonn E tnnrnak Mc^aei R Caron .Camdle D Andre •James B MrWettly •James R SDensiey w.11 •.III 11 its &.• 1 M l �a[ YIMN(TOMaa YIMMt10Ta a1T� November 7, 1985 _r jam, t CITY OF ORONO Mr. William Ulrich 1535 Bohns Point Road Wayzata, Minnesota 55391 Re: Proposed rip rap shoreline erosion protection Dear Mr. Ulrich: Receipt Is acknowledged for a permit application, typical cross section of the rip rap placement and site survey map prepared by John Noble and others. Mr. Noble explained to me at a recent meeting that you wish to begin construction before the onset of inclement weather and so that the access route used by the construction equipment can be restored before snowfall. For these reasons and because the exhibits submitted by your agent are in compliance with MCWD standards for this type of project, administrative approval is granted to proceed with the project. Ple-se note that permit review and approval by t e Board of Managers is .-ill required and that the project is sutject to possible revision at that ti,- The project will be considered at the regularly scheduled November 21, 19.o meeting of the Board. If you require additional information, please contact me at 473-4224. very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District Jim Mahady, EngiA er r bt cc: Board G. Macomber John Noble City of Orono ZONING FILE N0. 991 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/22/85 ---------------------------------------------------------------------- TO: William Ulrich COPIES TO: Bruce Schmitt 1535 Bohn's Point Road 12450 Wayzata Blvd. Wayzata, MN 55391 Minnetonka, MN 55343 ---------------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit ---------------------------------------------------------------------- Date of Meeting: 11/18/85 Vote: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTEB AND SPECIAL CONDITIONS: Further submittals required: 1. Final grading plans for entire property. 2. Hydraulic information on revised drainage to pond - also information on pond outlet and capacity. 3. Information regarding original grade (pre-1983) if it exists. 4. Elevations of Blohorn property prior to filling of low are along property line, if known. 5. Relative elevations of adjoining houses comparing view lines and elevation angles. 6. Further application: a) Conditional use permit application ($400) to cover work on former Blohorn property. Ap; +cant's next scheduled meeting is confirmed as: Pianninq Commission Applican•-'s next scheduled meeting is dependent upon receipt of additional information. Deadline for the January 21st meeting is January 10th. If the applicant has trouble obtainir(i additional information, please contact the Zoning Department- (473-731-,7). If you desire certified copies of the official Planninq Commission minutes, they are available from the City Recorder after review and approval by the Planning commission. i MINNEHAHA CREEK LAIR 111111111VONIA WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 50114 Of M IM I& David M Cochran Pres -Albert L Lehman -John E T,ioma5 Michael R Carroll -Camille 0 Andre -James 0 McWethy .James R Spensley Permit pp ica ion o: - ate: November 27, 1985 Owner: William Ulrich 1535 Bohns Point Road Orono, MN 55391 Location: City of Orono, Sec. 8DDD, Crystal Bay - Lake Minnetonka Purpose: 100 lineal feet of rip rap shoreline erosion protection Dear Mr. Ulrich: At the regularly scheduled November 21, 1985 meeting of the Board of Managers, the above permit application was reviewed along with the following exhibits: 1. Permit Application 85-170 received November 5, 19R5. 2. Typical cross section of the rip rap placement dated October 31, 1985 prepared by Bruce W. Schmitt & Assoc., Architects. 3. Site location map. 4. Site map prepared by Gordon R. Coffin Co., Inc. dated November 26, 1985. 5. Administrative apt~-)val letter from District dated November 7, 1985. The Board ratified the administrative approval. This permit is valid for one year, if construction is not coma within one (1) year, an extension must be requested. Please contact the Di trict at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOC TES Engineers for the District �Y1 % /,� // /, MTchaEl-.A. Panzer; P.F. Q Date of Issue bt cc: Board G. Macomber City of Orono John Noble, Angela Corp. TO: Finance Department FROM: Building and Zoning Departr -t DATE: C2-3 -&5 SUBJECT: Refund of Zoning Sign Deposit, Application Please refund the $40 sign deposit for the above -referenced application. The sign hasbeenreturned in good conditions. Original receipt no. /0/03 Dated /0 Please mail check to: Name t0►-v, LJ(t1C_h Address % S�5 g ��1 ni5 -?4 r4. aw za rye Q '7:S 391 aThe sign was damaged when returned. Please refund only the amount listed: $ S i 7 n a t. u r - - — --- Da t. e — -A'2 _� `'•j Building and Zoning Department December 27, 1985 Ms. Jeanne Mabusth Building 6 Zoning Administrator City of Orono Box 66 Crystal Bay, MN 55322 Dear Jeanne, OEC27sm C 1 Y�.9 0 1- 1r� Due to the holidays and the amount of information needed for the Conditional Use permit, we are approaching the Commission with the Subdivision only at the January 21 meeting. Per our conversation, we both agreed that the Subdivision replat is a separate issue that we hope to take care of at this time. When the information requested on the Conditional Use permit has been promulgated, we will approach the Commission. Sincerely, JAn Noble Project Coordinator work phone: 541-9344 x560 January 12, 1986 JAN 2919� Ms. Jeanne Mabusth Building 6 'Zoning Administrator City of Orono Box 66 Crystal Bay, MN 55322 Dear Jeanne, Per my conversations with Mike Caffron and yourself regarding our application for subdivision I understand that all material submitted on December 20, 1985 was %-i,mplete and in order. As we all know, the subdivision i33uc wns net addressed at the January 21, 1986 meeting because of a lack of quorum. If it is decided to reactivate this matter for the February 18, 1986 meeting I trust that the submitted material will suffice. If there is any problem with our application please contact me as soon as possible. Sincerely, John Noble Project Coordinator work phone: 541-9344 x560 March 21, 1986 Mr. Mark Bernhardson City Administrator City of Orono 1335 Brown Road S. Orono, Minnesota 55323 Dear Mr. Bernhardson, As you know, my wife and I are building a home at 1535 Bohn's Point Road. Presently, our pending request before the City is to perms, us to adjust the lot line between our homesite and the adjacent property which we also own. Before final action is taken on this request, we are meeting with members of the neighborhood on Wednesday, March 26, 1986, at 7:00 p.m. at the Arts Center, 2240 North Shore Drive. The purpose of this meeting is to explain our home project and our requests to the City, and hopefully, to dispel some of the disquieting rumors which have developed. We will have Mr. Jim Robin, our landscape architect, and Mr. John Noble, our project coordinator, present to explain our plans and to answer questions. While we will be pr.ecenting this information to the City in the future at both Planning Commission and City Council sessions, we would like to extend an invitation to you to attend this meeting. It would be helpful to us if you would RSVP by calling John Noble at 541-9344 Ext. 560. This will help us in planning sufficient seating and coffee. We hope that you will join us. Very truly yours, William J. Ulrich TO: Orono Planninq Commissicn FROM: Jeanne A. Mabusth, Zoning Administrator DATE: April 14, 1986 SUBJ: William J. Ulrich a) #991 6 #1018 - After -the -fact Conditional Use Permits 1535 Bohn's Point Road b) #1004 - Subdivision of a Lot Line Rearranges-.ent 1535 6 1595 Bohn's Point Road Applications i991 a #1018 - After -the -fact conditional Use Permits List of Exhibits - A - Planning Commission Minutes 11/18,'85 B - Mabusth Memo 11/20/85 C - Bernhardson Memo 2/2/85 D - Application #1018 E - Certificate of Mailing F - Property Owners List G - Affidavit of Publication H - Plat Map I - Noble Letter 4/2/86 J - Noble Letter 4/11/86 K - Staff Sketch L - Watershed to Pond - sketch M - Drainage Calculations N - Cooks letter U - Elevation exhibits P - Site Plan Q - Landscape Plan - Part 1 R - Landscape Plan - Part 2 At your November 18t h meeting, you tabled all action on App 1 i cation 0991 pending receipt of final plans for grading and landscaping and the filing of additional applications to cover the after -the -fact activities of the applicant. In addition, you asked that all work cease (grading and construction) on the property unti 1 al 1 plans were approved by the City. Please review Exhibits A,B 6 C that reviews the procedural steps taken by staff at the direction of the Planning Commission and Council's final directive to staff. The applicant has been allowed to continue with building construction and all grading was limited to the following: 1 - Removal of excess fill within right-of-way of Bohn's Point Rd. 2 - Foundation drain - referred to as drainage relief system in Noble letter of 4/11/86 (Exhibit J), to be constructed up to 75 feet lakeshor.e setback line. 3 - Closing up or filling in of sewer line extending from pond. 4 - Back filling around structure. The applicant does plan to continue the sea wall along the lagoon area and install a geothermal heating and cooling system but final plans and supportive data for such are not complete for this, review. Applicant understands that separate conditional use permit reviews will be required for each proposal. Zoning File A991/11018/#1004 April 14, 1986 Page 2 of 5 This packet will be sent out on Wednesday, April 16th in order to provide additional review time for members. Staff would appreciate any requests for additional information on Thursday, April 17th so that an addendum can be prepared for final packets sent out on Friday. Glenn Cook will be preparing special exhibits to assist in your review (Exhibits N 6 O). I have asked Glenn to be present at the meeting. We have scheduled a special time slot at 10:00 PM for the review because Glenn must attend an earlier meeting that same evening. 8) Review of Conditional Use Permit Applications - Refer to staff sketch Exhibit K. Area (1) Alteration of lagoon area located within 75 feet of lakeshore. The area had been filled with 3 to 6 inches of top soil in preparation for sodding or seeding. Erosion control was provided as needed. No major grade changes. Obvious attempt to "smooth out" shoreline. This type of filling is typical when developing lakeshore properties where ground cover is to be installed. Staff has never required conditional use permit reviews for this type of land alteration when a building permit has been issued on the property. In review of the plans submitted with the building permit, this specific land alteration within the lagoon was not noted and does require separate review. Area (2) The applicant has been allowed to construct a trench 2 feet deep filled with gravel and filter fabric that extends from the foundation of the structure to the 75 feet lakeshore setback line. Applicant seeks permission to extend the foundation drain to the lake. The elevation of the drainage line must be at the 932 elevation, the outlet would have to exit direct to the lake. The quality of such underground drainage would be excellent - passing through 12 feet of soils area then at the end through some 200+ feet of gravel and filter fabric. Planning Commission Recommendation - Altcrnative of Action a) not to approve foundation drain b) extend foundation drain to lake with direct outlet into lake Area (3) The berm area as proposed in Exhibits Q 6 R have been trimmed back to 6 feet maximum height. Note bank slope ratios are now at a 2:5 maximum. Retaining walls will not be necessary along roadway as would have been required in earlier plans. Applicant cannot use road right-of-way to install berms. All berming must begin out of Bohn's Point Road right--of- way. As currently proposed, the berming creates no sighting hazards for uses of private driveway or Bohn's Point Road. Staff recommends approval of berminq as proposed on plans dated 4/e/86 by James Robin. Area ( 4 ) Major f i 1 1 i ng between Ulrich ane former B1 ohorn properties - refer to exhibits. Clearly the filling within the Ulrich property 30 feet north of the original dividing line was not approved with the building permit. The original showed the lowrr elevations of 938 - 940 (remains of the old bowl area) that would funnel drainage clown to the lake. Zoning File N991/43018/N1004 April 14, 1986 Page 3 of 5 The plans approved with the building permit and current proposal show a decrease in drainage towards the lake and a shift in approximately 1.24 acres of drainage area to the ponding area to the south (see Exhibit W. Per Exhibit M, the applicant's engineer in his summary (page 3 ) notes the increase in runoff to the pond would raise the pond level 0.4 feet in a 100 year storm and finds no appreciable effects on retention pond. Cook should advise if a compensatory excavation to increase pond storage capacity is required. The M.C.W.D. does not require permit review for the proposed shift in drainage. The appl�.;ant's consultant claims little effect on the pond and local watershed. The plans approved with the building permit provide for grassed slopes ranging from 946' to 938' elevations within 51 feet along the southern yard area (15% grade). Drainage from both the former Blohorn and Ulrich properties would drain down to the 938 elevation and out directly to the lake. The banks along the north side of the Blohorn property will be much steeper than those proposed on the Ulrich side of what would have become a ravine area. I have asked Cook to comment on the current plans proposed by the applicant. He contends the uniform or flatter grades and gentle grassed slopes to lagoon provides a more suitable treatment area for surface drainage. We both agree the original bowl area was ideal - providing retention and flat grassed areas for surface water treatment but the house now resides in the bowl area. Planning Commission Recommendation - Alternative of Action a) restore slopes to original contours. Ulrich side as proposed on building plans - Blohorn side per elevations reconstructed by engineer. b) approve current proposal c) create a grassed bowl area between bath properties - eleva- tions to be determined by City Engineer. Brief review of excavations - changes .in elevations Per Exhibit I, the applicant's representative claims they have no knowledge of existing elevations prior to 11/84. Cook and I have attempted to recon- struct elevations as we remember them at the time of our two visits to the site in October and November of 1983. Exhibits N i 0 attempt to show the depth of excavations, changes in elevations and drainage shifts. The original bowl area (majority of area now occuplel by 1,-incipal structure) we determined to have been at approximately the 938 elevation. The finished grad( around the house is at the 946 elevation. The original ground elevation of the previous residence is at the 946 elevation but the garage elevation was at approximately 944 elevation. The foundation required excavations of 5 feet at the southern end ranging to 15 feet cuts to the north side. The majority of the fill and mounds of earth found on the site remain from the removal of all native soil from the foundation excavation in order to make room for the s n,' base under the foundation block and footings. The basement f lour c:evat ion is at 933.3 - code± would require a 932.5 elevation (1 f(x)t atK)ve the f lood plain eleva- tion of Lake Minnetonka). Zoning File M991/(i1018/01004 April 14, 1986 Page 4 of 5 Hardcover !acts A) Facts per Building Permit review Total land area 165,200 s.f. 0 - 75' - 27,500 s.f. - no hardcover 75 - 250' - 87,800 s.f. - A11,600 s.f. or 24.6% 250 - 500'- 49,900 s.f. - 7,900 s.f. or 15.8% B) Facts per lot line rearrangement and additional improvements Total land area 213,000 s.f. 0 - 75' - 44,000 s.f. - none allowed - 200 s.f.* or .4% 75 - 250' - 114,000 s.f.- 25,100 s.f. or 21.8% 250 - 5001- 54,200 s.f. - 7,900 s.f. or 14.6% *path to lake - recommend type of construction that will not be considered hardcover. Planning Commission Recommendation - To make recommendations concerning the 4 areas covered under the after -the - fact conditional use permits. a) lagoon b) foundation drain c) berms d) major filling between. properties Conditions to be considered: 1) No hardcover within 0 - 75' 2) Geothermal heating/coolinq system and proposed seawall will require separate conditional use permits 3) Remove the existing house once road restrictions are removed. The applicant no longer requires the use of the structure as a temporary residence. Application #1004 _ Lot Line Rearrangement List of Exhibits - S - Planning Commission Minutes 2/18/86 T - Memo to Blatz U - City Attorney's Opinion V - Lot I.in,? Rearrangement The lot lin earrangement as proposed will provide Parcel A 4.97 acres of total area —.J Parcel a 2.67 acres (.48 acres of wetlands). Each parcel satisfies LR-lB lot standards. The existing structures meet required setbacks from the proposed dividing line. As noted in my memo 1/16/86, a hardcover excess of 1.71 or 207 s.f. exists within the 75 - 250' setback dr41a. Applicant will remove the 207 s.f. c,f excess hardcover upon approval of the division. KF-view Exhibitx T i U. The Condit ional use permit `c,r the quest house is still valid. In order to maintain the, integrity and intent of the original conditional use permit isauf cl for tht, quest tio> se tr, 1981 this --urrent division n.ust, be apprcvod Witte :'tsrlt ri' -ri f, ° ut o us— of Pa -re l R as follows: Zoning File #991/#11018/N1004 April 14, 1986 Page 5 of 5 1) If Parcel B is divided in the future, the conditional use permit for 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, bogy- _ot5 must satisfy current zoning standards and hardcover standards. Staff Recommendation - To approve the lot line rearrangement subdivision application of William J. Ulrich finding all standards of the LR-1B Zoning District have been satisfied subject to the following conditions: 1. Grant conservation and flowage easement over pond area. /""Pwv- 2. Removal of 207 s.f. of hardcover within the 75 - 250' setback area within Parcel B. 3. Future owner of Parcel B is placed on notice that if the subjec'_ property is divided in the future, the following directives shall apply: a) The conditional use permit for guest house use is no longer valid. b) only 1 lot can qualify as riparian to Lake Minnetonka. c) Both lots must satisfy LR-1B lot standards and hardcover standards. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1019 RALPU D. MARTINSON continued Ralph D. Martinsor s present for this matter. Assistant Zonii ,ninistrator Gaffron explained the preliminary suru_vision request to divide a 4.27 acre lot into 2 lots of 2.14 and 2.13 acres noting both lots meet the 2-acre requirement. He noted that the Woodhaven plat was created in 1977 prior to the requirement of septic system soil testing for all newly created lots. The soil testing done since that time has been found suitable soils on the proposed lots. Primary and alternate drainfield sites have been tested and are suitable for mound systems. There were no comments from the public on this matter and the Public Hearing was closed. It was moved by Taylor, seconded by Chairman Kelley, to recommend approval of the preliminary subdivision subject to staff recommendation. Motion, Ayes 6, Nays 0. (#991 11018 WK. J. ULRICH '153S'BOHV#S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMITS PUBLIC HEARING 10:17 - 11:17 The Affidavit of Pui>lication acid Certificate of Mailing was noted. William J. Ulrich was present for this matter along with his representatives: Attorney Thomas Humphrey Jr., Engineer Don Brauer, Project Coordinator John Noble, and Surveyor Mark Gronberg. Zoning P.dministrator Mabusth explained the four areas involved: 1) Alteration of lagoon area located within 75 feet of the lakeshore. This was not noted on the original building permit plans and requires a separate permit. 2) Construction of an underground 2 fer eep trench from foundation of structL to th 3) Berm area 4) Major filling between Ulrich and former Blohorn properties. Chairman Kel ley questioned how many loads of f i 11 was brought in. Mr. Ulrich stated loads (4000 yards) from the site. there was approximately 400 truck of f i 11 brought in and none removed 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 i991 i #1018 ULRICH continued Planning Commission requested applicant to provide construction logs to confirm elevations and amounts of fill brought in. City Engineer Cook explained the changes in elevations i,nd his recommendations: -berms should be graded flatter -found no major problem with the drainage in the 75' setback area to lagoon -foundation drain is not unusual - water quality would be no problem but to be effective drain must outlet at lower level elevations in lagoon area -as for the fill placed between properties, the final plans provide more treatment area for the surface runoff than that which was approved for the Ulrich site with the building plans and that which existed on the Blohorn site. Applicant's Attorney, Thomas Humphrey, stated that .hey were oppposed to removal of the berms. He stated that they are legally permitted and felt that applicant was being penalized for the after -the -fact application, noting that after they were notified of the problems, they have done everything the city has asked in order to comply. Cos=ents from the Public Mr. 6 Mrs. Kalweit, 1540 Bohn's Point Road - stated they had concerns regarding the drain Under the Blohorn driveway. Dave Fox, 1645 Bohn's Point Rd., stated that he thought the neighbors, Trowbridge 6 Swandstrocr., would also be concerned with the drainage. Chairman Kelley instructed staff to notify the affected neighbors regarding the proposed plan. There were no more comments from the Public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the joint after -the -fact co Iitiona1 use permits subject to the fo1lowing conditions: Area I - approved the filling of top soll or smog''- ng out of elevations along the lagoon. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1985 #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 in,:- 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 - ..rova 1 of final grades proposed in site plan revised dated 4/10/86 by Bruce W. Schmittt & Assiciates. Engineer Cook shall review feasibility of creating a bowl or retention area within the flat and higher elevations of Area 4. Area 5 - Staff and Engineer Cook to review variations or discrepencies in elevations proposed in b•,ilding 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 conditional use permits. - Removal of existing house within 60 days of removal of road restrictions. Motion, Ayes 5, Nays 0. ' 1L004 WK. J. ULRICH •35 i 1595 BOHN'S POINT ROAD .:LASS I SUBDIVISION OF A LOT LINE REARRANGEMENT SECOND REVIEW Zoning Administrator Mabusth 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 Chairman 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. 4 ZONING FILE N 991 1004 & 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 South 700 Shelard Plaza North Minneapolis, MN 55431 Minneapolis, MN 55426 ----------------------------------------------------------------- DATE OF MEETING: 4/21/86 VOTE: 5 For Against Planning Comission recos ends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Application 41004 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 & 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 *rite plan of Lot B locating portion of patio area to be removed prior to final subdivision app*oval. 3. If Lot B is divided in the future, the following directives shall apply: a) Conditional i se 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 3- - 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 grade: 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 witi.in the flat and higher elevations of Area 4. AREA 5 - Planning Commission noted variations or discrepancies in elevations proposed in building permit 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 additicnal 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. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD MAY 12, 1986 ATTENDANCE 7:15 P.M. The Orono Council met on the above date with the following members present: Councilmembers Adams, Grabek, and Frahm. Mayor Butler arrived at 7:27. Councilmember Hammerel was absent. the following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Also present were City Attorney Blatz and City Engineer Cook. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Consent Agenda* as presented. Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Minutes of the April 28, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PARK COMMISSION COMMENTS There were no comments from the Park Commission at this time. FLAMING COMMISSION COMMENTS Planning Commissioncr McDonald was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the Public at this time. ZONING ADMINISTRATOR'S REPORT: 1990 WARD FERRELL* 3405 WATERTOWN ROAD It was moved by Councilmember. Frahm, seconded by Councilmember Grabek, to defer this matter until the May 27, 1986 Council Meeting as requested by the applicant. Motion, Ayes 3, Nays 0. 1991 11018 WILLIAM J. ULRICH 535 i 1595 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PFRMITS William U1 rich was present for this mattei along with his representatives: Attorney Thomas Humphrey Jr., Attorney Gregory Halbert, Project Coordinator John Noble, Landscape Architect James Robin, and Surveyor Mark Gronberg. 1 MINUTES OF THE REGtTLAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #991 i #1018 ULRICH continued City Administrator Bernhardson explained and pointed out the 4 areas to be dealt with in this matter: Area 1 - Addition of 3-6" of topsoil near the lagoon Area 2 - Extension of 2' foundation drain in the 0- 75' zone to the lake Area 3 •- Placement of a 6' berm near the rcad Area 4 - Fill between 1535 6 1595 Bohn's Point Rd. Zoning Administrator Mabusth stated that the Planning Commission recommended approval of the final grading plans except for the berming, which they recommended removal of the berms and restoration to the natural and original state. She noted that the water quality from the foundation drain was found to be excellent. Mr. Ulrich stated that the purpose of the berm was for privacy due to the scale of the house. He stated that the neighbors were agreeable to a 6' berm. Councilmember Frahm stated that a 6' fence is not allowed therefore a 6' berm should not be allowed. He recommended a 3-1/2' berm in relation to the allowed 3- 1/2' fence. It was noted that the ordinance does not address berms, however, Frahm stated that he felt the intent of the fence ordinance would include berms. Mayor Butler stated that evergreen plantings would serve the same purpose and blend in with the character of the neighborhood. Councilmember Frahm stated that he had concerns regarding the installation of the foundation drain to the lake and that the City should define the standards before approved. Mayor Butler suggested requiring a letter of credit and developer's agreement for the landscape plan in order to assure the completion of this project. Councilmember Grabek stated that it should be r, that no fence could be erected on top of the 3-1/2' .. Attorney Tom Humphrey stated that they have no problem with submitting the letter of credit and defering action on drain ditch until standards are established, however they were opposed to limiting the berms to 3-1/2' feet as the ordinance is silent regarding height of berms and that there is no factual basis to impose a limitation on the height of the berm. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NAY 12, 1986 i991 i i1018 ULRICH continued Mayor Butler stated that the Council has the right to place a limitation on the height of the berm because they need z conditional u--e 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 conditiinal 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 conditional use permit for fill between former property lines as proposed B) subject to submitting a le&ter of credit for the landscape plan and developers agreement with completion date. Motion, Ayes 4, Nays 0. t1004 MILLIAM J. ULRICH 1535 i 1595 BOHN'S POINT ROAD PRELIMINARY SUBDIVISION - CLASS II RESOLUTION #1987 City Administrator Eernhardson 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 *' 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 Resolution #1987 granting preliminary plat approval as amended. Motion, Ayes 4, Nays 0. 3 ZONING FILE NO.991 i 1018 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, 11N 55323 473-7357 Date of Notice: 5/13/86 ----------------------------------------------------------------- TO: Wm Ulrich COPIES: Tom Humphrey John Noble 1500 NW Finance Center Angela Corporation 7900 Xerxes Avenue South 700 Shelard Plaza North Minneapolis, MN 55431 Minneapolis, MN 55426 TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------- DATE OF MEETING: 5/12/86 VOTE: 4 For 0 Against COUNCIL ACTION - MOTION: To direct staff to prepare a resolution aproving your conditional use permit subject to the conditions noted at their meeting as follows: 1. lagoon area alterations approved as proposed 2. fill between former property lines approved a& proposed 3. berms to be maintained at 3 1/2 feet height 4. found;- _ion drain will be approved as soon as the City establishes standards anAguidelines consistent with the established environmetal policies of the City. Staff will send you a copy of these standards as soon as the City Engineer submits his report. You will receive prior notice if staff is able to prepare the required resolution for the May 27th meeting. I have enclosed a copy of the City's standard Developer's Agreement for your review and use. Please include only the following improvements under the developers agreement.: 1. removal of all excess soils not to be used in final grading - determine what has ro be removed from site. 2. preparation of entire uis`urbed area for planting 3. estimate cost of seed or sod for entire disturbed area. The letter of credit or bond should co 150% of the costs of the specific improvements noted above. If you choose to go with a bond, I have enclosed the standard Mond form used by the City. ----------------------------------------------------------------- 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 ary available from the City Recorder or City Clerk after review and approval by the Planning Commission. MINUTES OF THE REGULAR ORONO COUNCII. MEET7- - HELD MAY 27, 1986 ATTENDANCE 8:28 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, Adams, and Hammerel. The following represented t`�)e City staff: City Administrator Bernhardson, rablic Works Coordinator Gerhar,,son, Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of tt.e regular May 12, 1986 Council Meeting as submitted. Motion, Ayes 5, Mays 0. PUBLIC COMMENTS There were ne commentL from the public at this time. ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE - DENIAL RESOLUTION Mr. Ferr 11 was present and requested that this matter be tabled because his attorney was unable to attend this meeting. It was moved by CoLnciImember Adams, seconded by Councilmember Grabek, to table this matter until the June 9th Council meeting. Moticn, Ayer 5, Nays 0. 199 #1018 WILLIAM J. ULRICH* 5 AND 1595 BOHN'S POINT ROAD AFTISR-THE-FACT CONDITIONAI. USE PERMITS Upon staff recomriendation, it was mov -jy Councilmember Frahm, seconded by Councilmember Hamm.,el, to table this matter until the .tune 9th Council meeting pending additional information. Motion, Ayes 5, 'days 0. 1999 BELDEN/MBLINE 3598 NORTH SHORE DRIVE VARIANCE - DENIAL RESOLUTION Uuc to the Fact that the applicant's, Benn Belden and Evan Meline, were not present, Assistant Zoning Admi n i st rato, Gaffron reccammended that this matter be tahlcii for a month and he will notify applicant-.. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members l�rosis Jeanne A. Mabusth, Zoning Administrator Date: June 3, 1986 Subject: 9991 1018 William J. Ulrich, 1535 i 1595 Bohn's Point Road - Conditional Use Permits & Variances - Resolution List of iaMbits Exhibit A - Cook's Report on Foundation Drains Dated 6/2/86 Exhibit B - Drain Tile Plan by Mark Gronberg Exhibit C - Resolution Per Cook's recommended controls, applicant's plan must meet the following criteria: 1. 3 feet of impervious soils must be installed between the ground surface and foundation drain 10 feet out around the house to prevent contamination of surface run-off from above. 2. Outle, drainfield must be at 930.5 elevation not at 929.8 elevax na shown in applicant's plan. 3. Drainfield a., maintain 10 feet setback from lakeshore. 4. Plan should prc.'de an overflow provision for peak flows. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. .1i_ A RESOLUTION GRANTING AFTER -THE -FACT CONDTIONAL USE. PERMITS AND VARIANCE TO MUNICIPAL 'ZONING CODE SECTIONS 10.03, SUBDIVISION 9 10.21, SUBDIVISION 2 AND SECTION 10."-5, SUBDIVISION 8 FILE 0991 & 1018 WHEREAS, William J. Ulrich (hereinafter "the applicant") is the owner of the properties located at 1535 and 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as Lots 1 & 2, Lydiard's Park, Lake Minnetonka, (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono per Municipal Zoning Code Section 10.03, Subdivision 19 for after -the -fact and proposed conditional use permits to allow the completion of certain land alterations on the property not authorized under Building Permit No. 5737 or a conditional use permit and per Municipal Zoning Code Sections 10.21, Subdivision 2 and Section 10.55, Subivision 8 seeks variances to permit after -the -fact and proposed land altertions within 75 feet of the shoreline of Lake Minnetonka. I OW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as :'oning Files #991 and i1018. 2. The pruperties are located in the LR-113, Lakeshore Residential Zoning District. 3. The properties consist of approximately 7.64; total acres in area. 4. The land alterations, approved with the grading plans on August 26, 1985 with the issuance of the building permit for a new residence on Lot 2, L.ydiard's Park, Lake Minnetonka, did not include the .land alterations review,.?d under the current applications. 5. The City has completed a comprehensive review of both after - the -fact Applications 991 and 1018 refining each of the major lanes alterations as specific areas for consideration as follows: Area 1- Alteration of "lanoon area" located within 75 fet, of lakeshure. The area has hecn regrade-d with 3 to 6 inches of tot) soil in preparation for seedinq. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2004 Area 2 - Two trenches 2 feet wide have been constructed from the foundation at approximately the 933 elevation and extend to within 75 feet of the lake. The trenchs consist of PVC pipe surrounded with crushed rock with a silt fabric barrier over gravel. Applicant wishes to discharge underground drainage into the lake. Area 3 - Applicant proposes 6 feet high berms along the street lot line of the property. Area 4 - Applicant has placed from 4' to 8' of :ill within a 100' by 360' corridor located along the shared lot line of Lots 1 6 2 Lydiard's Park. 6. The Orono Planning Commission reviewed this application on April 21, 1986, and recommended approval of the after -the -fact variances for land alterations performed within 75 feet of the lake and for the proposed installation of a ground water drain - field placed 10 feet from the shoreline per Municpal Zoning Code Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and recommended approval of certain after -the -fact and proposed conditional use permits to permit the fill to remain along the shoreline (Area 1) and along the shared lot line (Area 4) and to install a foundation ground water drainfield (Area 2) and denied applicant's request to berm along the street lot line of Lot 2 Lydiard's Park (Area 3) based on the following findings: A) The 6 feet high berms are not compatible with surrounding neighborhood. The property is located off a limited use road that serves an old established lakeshore neighborhood on a small peninsula. 8) The six feet berms would destroy the natural open yard appearance and ambiance of thin neighborhood. C) The use or locating of solid, privacy walls or fences on lakeshore lots is limited because the intent and standards of Orono's code is to preserve the view of the lake for all lakeshore property owners. D) The applicant has failed to demonstrate the need for screening from noise or lights and has only stated that the berms would provide privacy. 7. The Orono Council at ~heir meeting of May 12, 1986 conceptually idopteed the Planning Commission recommen0aticn and in addition advised the ap-licant that 3 112 foot berms would be permitted along the street lot line (Area 3) finding such improvement compatible with the intent and purpose of the Municipal Zoning Code Chapter as set forth in Section 10.01. Page 2 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ,u!.i4 8. At that same meeting the Orono City Council directed staff to prepare a resolution of approval for Applications 991 and 1018 and to `.nclude the following findings in that resolution: A) The alterations proposed in the lagoon area (Area 1) involved no major changes in elevations or in local drainage. This type of filling is typical where new ground col er is to be installed. Applicant maintained adequate erision control thoughout entire restoration. B) The alterations proposed within 75 feet of the lake to permit the installation of the foundation ground water drainfield as proposed in plan by Mark S. Gronberg referred to as Drain Tile Details (Area 2 ) and as amended by Glenn Cookireport dated June 2, 1986 is found to be superior to drainage allowed to surface on ground to collect sediment, fertilizers and other debris. C) The berming alo , Bohn's Point Road right-of-way (Area 3) as approved by Council will be consistent with the height of a 1 1 allowed man-made improvements along the street lot line of lakeshore lots adjacent to minor thoroughfares and such improvement wrild be consistent with the intent and guidelines for all development within lakeshore residential districts. D) The filling within the corridor along the shared lot line of the property (Area 4) provides more uniform or flatter grades providing a more suitable treatment area for surface drainage rather than the more extreme elevations approved at the time the building permit was approved. The east 1/3 of the property now drains to a pond before entering the main lake. 9. The City Counci 1 findf; that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL :4 NO. 2004 — -- 10. The City Council finds that granting a conditional use permit to allow the land alterations as noted above will not be detrimental to the health, safety or general welfare of the public, woul.l 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 amended level )f use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and grants conditional use permits per Section 10.03, Subdivision la `.o permit the land alterations as amended and noted above on tt property subject to the following conditions: 1. A fence or wall can not be installed within berm area along street lot line. 2. The public right-of-way of Bohn's Po?nt Road must be completely r3stcred by July 1, 1986. 3. The former residence on Lot 2, Lydiard's Park must be completely removed by September 1, 1986. 4. Drain Tile Plan by Mark Gronberg is approved by the City subject to the outlet elevation being raised to 930.5 elevation and drainfield cannot be closer than 10 feet from .lakeshore. 5. Applica.-t to execute a Developer's Agreement and submit an acceptable form of security prior to the issuance of a land alteration permit by the City to assure the completion of the fol lowing improvements: A) Removal of all excess soils not to be used in final grading of property - applicant to dctermine approximatA amount of cubic yards to be removed. B) Preparation of entire 4isturbed area for planting. C) Cost of seed ur sod for restoration of entire disturbed area. 6. Applicant must a 1 t ur exi st i nq herms to approved height of 3 112 feet along th- street lot line by Septcmber 15, 1986. Page 4 of 6 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. :'0 7. kithorities granted by this resolution run with the property not w1�1, ;.he owner, but -ire permissive only and must be exercised by application for a li nd alteration permit within one year of the date of Council arp:oval, or the special conditions of this resolution will expire cn that date (June 9, 1987). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall autcsmatical'y terminate any authority granted herein, and shall be punishable as a :misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms :f 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. 19866 ATT$ST: Adopted by the Orono City Council on this 9t h day of June, Mary C. 40tler, Mayor Tim Adarris , Ac•t ii.y Mayor Page, 5 of 6 0 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ' d y of —�'� �-- 1986 before me a N ary P,.blc w'thin and said county, personally appeared ti! known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their? free act and deed. � M ■ C M)V UE8 { NOTARY PIS "fNKSOTA 5 HENNEPIN COUNTY IAy Owan wa Exom Oct ?1. 1991 MY COMMIS? STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) �, %Y9/ 51 rXP' RES On this day of , 1986, before me a Notary Public within and for said County, personally appeared _ known to me to be the person(a) described in and who executed the foregoing instrument, and acknowledged that he (they) executed thr same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION Pages 6 of 6