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Home My WebLink About Project Packet�(AM s- za - Fs eo * >>aso /°° -� CITY OF ORONO GENERAL LAND USE APPLICATION #926 -------------------------------------- --------------------------------------- PROPERTY LOCATION Site Address, Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal desciiption to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name4 UP-11 Cn1 Phone �l 37S . 954 3 �tj 17/- 7yfy Mailing Address --------------------------------------------------------------------------- OWNER Name ,.l iJ��iC�h 0" j7Z-'iL Phone Mai l i rig Address �(._� `� �:C/tN5 �/ .�� Date Property Acquired (month/year) I (dc) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAh USE PERMITS $100.00 is Resident ia1 accessary Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/61dq $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee Schedule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Ot hc• r - set, fee schedule PRESENT USE OF PROPERTY E Present Zoning District Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST J /� Describe request in detail: jr � � ,L• � �� Yf�1t l J ` --------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within -50' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelL -yes (010 ) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not peen included. --------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees topay al l fees and/car unusual expenses incurred in review of this application, and certifies that the :nformation supplied is true and correct to the best of his/her knowledge. Applicant ' S s i qn.-1t i,rc illy 1 'Mr Date Date // 'll') OWNERS SIGNATURE The owner hereby acknowledges and agrees to t�'s application and furthf-r authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of *his request. Owner's signature �M Data Applicant must have all submittals into the City offices 25 days before the Planning Commission Mcc-t inq. Planning Commission Meetings are held on the third Monday of each month. 4 I RUN DATE 05/20/85 BATCH 001 38 08-117-23 44 0012 PROP ADDR 01595 BOHNS POINT RD MIAEP NAME GERARD BLOHORN TAXPAYEP GERARD BLONOPN NAME/ADDR IS95 BOHN'S POI►IT RD ORONO MN 55391 38 16-117-23 22 0002 PROP ADDR 01640 BOHNS POINT RD OWNER NAME 0 A D DUNLAP TAXPAYER ^AVID J A DIANE J DUNLAP NAME/ADDR 1o40 BOHNS POINT RD WAYV IA Mf 55391 38 16-117-23 22 0005 PROP AODR 01725 BOHNS POINT RD OWNER NAME T A J FELOttANN TAXPAYER TERRY A JULIE FELOMANN NAME/ADDR 1725 BOHNS POINT ROAD WAYZATA MN 55391 38 17-117-23 11 0001 PROP ADDR 01625 BOHNS POINT RD 004ER NAME D T TRnI$RIDGE ETAL TAXPAYER D T TR%3WIDGE NAME/ADDR 1625 BOHNS PC!NT RD WAYZATA MN 55391 36 11-117-23 11 0006 PROP ADDR 01635 BM045 POINT RD C►''NER NAME DOUGLAS W LOHMAR A WIFE TAXPAYER QOUGLAS W LOHMAR NAME/ADDR 163S BOHt1S PT RD ORONO PV 55391 S8 17-117-23 it 0009 PROP AOOR OW`IER NAME V M DAYTON A E J DAYTON TAXPAYER JUDSON M DAYTON NAME/ADDR 16SS BOHN'S POINT ROAD ORONO MN 55323 HEtANEPIN COUNTY PROPERTY It.FOPMATIOtI SYSTEM PROPERTY OWNERS LIST 38 09-117-23 31 0008 OLS80 BOHNS POINT RD BETTY A ROGER SWANSTROM ROGER D SWANSTROM 1580 SOHNS PT RD WAYZATA MN SS391 38 16-117-23 22 0001 01700 SOHNS POI►1T RD R A C OWENS ROBERT H OWEh�, 1700 BOHNS POINT ROAD WAYZATA 19I 55391 38 17-117-23 11 0001 01665 BOHNS POINT RD T DENNY SANFORD ET AL T DENNY SANFORD 201 OLD MILL POND RD PALM HARBOR FL 33563 38 17-117-23 11 0004 D A S ANDERSON ET AL TOM E SWEEN 1600 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0007 01645 BOHNS POINT RD D A M FOX DAVID K A MARGENE FOX 1645 Bw,"15 POINT RD WAYZATA MN 55391 38 17-117-23 11 0010 J M DAYTON A E J DAYTON JUDSON M DAYTON 165S BOHN'S POINT ROAD ORONO MN 5S323 REPORT NO. P1435401 PAGE 1 38 16-117-21 22 0001 01600 BOHNS POINT RD JOSEFH C THOMASON A MIFF THO"AS A Caa41E SW[EN 1600 BOHNS POINT ROAD ORONO MN SS391 38 16-117-23 22 0014 01720 BCHNS POINT RD D A S ANOEPSCN ET AL D A S AIIDERSON 1720 EPOINT POAD WAYZATA f'r*R4 55:91 'f r 38 17-117-23 11 00 01655 BONNS POINT RD J DAYTON A F DAYTON J M DAYTON A E J DAYTON 16SS BC`►INS POINT ND WAYZATA MtI SS391 38 17-117-23 11 0005 IKPUTZIG CUSTOM HOMES It1C KPUTZIG CUSTOM HO'1E S INC 410 FERNDALE RD PLYMOUTH MN 554%7 38 17-117-23 11 C008 J M DAYTON A E J DAYTON JUDSON M DAYTON 1655 BOIIN'S POINT ROAD ORONO MN S5323 38 17-117-23 11 0011 J M DAYTON A E J DAYTON JLIDSC14 M DAYTON 165S BOHN'S POINT ROAD ORONO MN S5323 4 9 RUN DATE 0S/20/6S BATCH 001 38 17-117-23 11 0012 PROP AODR OWNER NAME J M DAYTON A E J DAVION TAXPAYER JUOSON M DAVTON NAME/ADDR 1655 BONN'S POINT ROAD ORONO MN SS323 HFHW PIN COLINTY PROPERTY INFORMATION S►STEM PROPERTY OWNERS LIST 38 17-117-23 11 0013 J M DAYTON A E J DAYTON JUDSON M DAYTON 1655 BOHN'S POINT ROAD ORONO MN SS323 TOTAL BATCH REPORT NO. ►1435401 PAGE 2 00: 00020 #926 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TPUE REPRESENTATIO►1 OF INFORMATION AS IT APPEARS THIS DATE ON T E RECOQD3 OF THE HE►01EPIN COLRNTY DEPARTMENT (if PPOPEUTY,TAUTION. THE BEST OF MT hNOMLEDGE AND BELIEF. i� DATE �'�� JBY �� CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, June 17, 1985 at 7:30 P.M. on the following matters: 1. f 9 2 5 Richard Hennessy, 4670 Tonkaview Lane - Lot area variance for construction of a new residence. 2. 1926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit - guest house on a residential lot. 3. 0927 Stanley Gregory, 1410 Shoreline Drive - Variance to lakeshore setback standard for propos^d pool. 4. 1928 Richard W. Pt la, 2015 Webber Hi 1 1 s Road - Conditional Use Permit for non -rental apartment within existing residence. 5. 1929 Lyle E. Rehn, 1146 Wildhurst Trail - Conditional Use Permit for proposed expansion of a non -conforming structure. 6. 1930 Harold H. Tearse, 1080 Ferndale Road West - Rear setback variance for new residence. 7. N931 J.F. Fleischhacker, 2775 Shadywood Road - Conditional Use Permit - alteration of lakeshore and installation of sand beach. B. N932 Ward E. Fdwards, 2474 Carman Street - Setback variance for new residence. 9. 0933 Ned Butterfield, 37:5 Watertown Road - Conditional Use Permit - to construct a new greenhouse structure. All persons wishing to be heard w;ll appear at this time. Writ- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission eanne A. Mabusth, Zoning Administrator To be published the week of June 2, 1985 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Barb Provo, of t-hc City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearinq concerning the matter of Judson M. Dayton's application for a condit;onal use permit for a quest house on a residential lot on the property located at 1655 Bohn's Point Road (Zoning File No. 926), has been mailed to the attached property owners list on the 3rd of June, 1985. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of June 1985. Barb Provo; Secretary pension of a non contormmg struOutFerndaln CITY CF 0110N0 No 930 Harold H Tearse 108r1 , r new West --Rear setback valiance o NOT IC! residence No 931 J F FlerschhackeP 2n71 5 The Planning Commission *.It 5 hold old75 south Hearing in the Council Chamtiet Brown Road on Monday June t 1 t 985 at 7 30 p m on the tollowmg matters 1 No 925 Richard Hennessy 4870 Tonakav*w lens � eo�Vevariance for con sir 1 ►i ao dson M Dayton 655 Bohn s Pan o Condmonal Use c.rmit—guest house on a residential tot r , f 10 Shoreline 3 No 927 Stanley Grego Ys tback standard (wive —valiance to Ialiest+Orr . for proposed Pool Pula 20i5 Webber 4 No 928 Richard W Hills noiid—Condit'a'at Use Permit for non rental spartrient wdhrn e*isting residence 5 No 929 Lyle E Rahn 1146 Wildhurst Trait —conditional Use Permit for proposed e■ shadywood pad—Condilanal Use er i alteration of Loeshote and installation c' sand beach 8 No 932 Ward E Edwards 2474 Carman Street —setback valance for nevi residence 9 No 933 .",Use Permil7lo one uct a Road—Car0i1 new greenhouse structure All persons wrshmn to be heard will appear al this time Written comments are solicited Pia, s are available for review in the City Off Cris city of DOW, By Planning Gr--'SSion Jeanne A Mabusth zoning Admmr'rator IPubl:shed in The Laker June 4 1985' Affidavit of Publication Static 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 Min- nesota. and ha-; full know.!crige of the facts which are stated below A ► The newspaper has complied with all the re- quirements constituting qualifications as a qualified newspaper, as i-•ovtded by Minnesota Statute 331 A 02. 331 A 0 / . and other applicable laws as amended B ) The printed pL,'�'6 /troi7t� which is attached was cut from the columns of said newspaper and was printed and published once each week for successive weeks It was first published Tuesday /� jam► i the day of 34 19 ✓ � , and was thereafter printed and published every Tuesday. to and including Tuesday the d<)y of 19 y Authorized Agent Subscribed and sworn to me on this y day of Notary Pub►Ic haft information l I L owest c;ld&sihrd i.A@ pad by whirs for complirarat Space 66 90 per inch (21 MAXWran rate ,rlk>wei) ay tpr AX)VO ttWIC, $4 13 pet nc% 431 990 actus0y chw"d for above nilieW $4 13 ppt elcfl East+ adthti<Wulf wr r rs, -e tlietm ti2 75 par C* Certifrcatee: ,cy for Judson ff. Dayt or; of Tracts D, F. and F, Registered Lane.' Survey No 565 Bennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of Tracts D. E and F, Registered land Survey No. 565, files of Registrar of Titles, County of Hennepin, the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to show, any other improvements or encroachments. COFFIN 8 GRONBERG, INC. i Scale: 1 inch = 50 feet 1. —. Date April 19, 1985 Hark S. Grr-rberg Reg...No. 12755 o Iron parker Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 Er 35 z 3 7 e �� 4 �`" "iz a f• 5 0� p a v �j 2jr.—' n'� �ro d •• 0 II IG 1 4? Certificate of Sur :'cy for Judson M. Dayton of Tracts D, E and F, !registered Land Survey No 565 Hennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of Tracts D, E and F, Registered land Survey No. 565, files of Reyistrar of Titles, County of Hennepin, the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to shwa• any other improvements or encroachments. COFFIN 8 GRONBERG, INC. Scale: I inch = 50 feet �%, -Z - %:r, Date April 19, 1985 Mark S. Gronberg �Reg. .No. 12755 o Iron marker Gordon R. Coffin leg. No, 6064 Fngiaecrs and Land purveyors Long Lake, Minnesotar�; Phone 473-4141 31 Cr.lk 3 • '�� S/' S a ��'•4' 179 ti if i ,•�� ' t . 33 �� job It %Itb a _ a D ool ^e n Z4' e .!toAk j 121 �c µ'41 V S moo, - �-"✓� � _ .. L ir4, 1�>Ay7t3,%� 4 oOf2. .r �� 3 VILLAGE GF 000010 S*-'t La 2 CATY of ()RONO ) Building Permit AND APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66, CRYSTAL BAY, MN b5323 473-7357 TONING DISTRICT FIRE DEPARTMENT POST OFFICE VAR DATE COND USE DATE LOT AREA WIDTH E H PROPqv C S FRONE REE LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV DATE CITY COUNTY STATE PRIVATE EASEMENT F PERMIT NO 5629 DATE ISSUED S SITE ADDRESS (�� '�'1-D /pe/ PROPERTY IDENTIFICATION NO (PIDI LOT BLOCK SUBDIVISION _ OWNER (Name) (Address) (Phone) FYI !�% - qVx AUtHITECI /ENGINEER - Must _ _L_L rllfy Multi -Family, Commercial 3 Industrial Construction tans (Firm) (Address) (Phone) BUILDER IF inns IAJdressl j i - / Q/ Ir E OF WO '—New') Addlt,on R r (Phone! Renovate CONST TYPE BUILDING SIZE a Estimated CnnSIrUCtion Valuation L W .X / H t _ �j C' t 15.,'r� OCCUPANCY PERMIT FEES CLASSIFICATION BLDG. PERMIT 6v ��/�• '�' DWELL STORIES B i 2 A UNITS STATE FEE PLAN REVIEW GAR STALLS ATT NUMBER OF BEDROOMS _- SAC CHARGE, s SEPTIC APP DATE SEWcR U%17 PROPOSED USE _. . PARK FEE PENALTY COUNCIL APP DATEE� OTHER ' C) T A t 1 ' l, - - -► -U 01re zw WORK REUUIRINt, ACKNOWLEDGEMENT CTION REOUIRLI' :_4�S_pl .. FOOTING before pI„., SFPARATE PERMITS 704E UNDERSIGNED HEQ. REBY REUUE,S PERMISSIOn4 TO MAKE Pr_. FRAMING rough n PLUMINNG lei THE RE AL IMPROVEMENTS SPECIFIED AND DECLARES INSULATION MECHANICAL Ad", UNDER PENALTY OF LAW ACKNQWLEDGEMENT ANO ACCEPT WALL80AAD Oetorr lap-ny WEiI 0 AMCE OF All INFORMA1.0% CONDITIONS AND REQUIRE .. , . .. FINAL oelare ot:cupency C ... SITE INSPECTION SE Pi IC MINIS FIEPREEENTEO ON THIS LNX7UMENT THE UNDER WORK BEYOND OR WITHOUT A RE SEWER SIGNED FURTHER A(iREES TO DO ALL WORK IN STRICT CC" OUIREU INSPECTION WILL dL SL18 WATER 0 PRANCE MATH A(L CITY OF OW)%O (WrH%ANCES AN[) STA*F JECT TO PENALTY sRADNWi i f II 1 IN(, T CN h E A (;000)E RE ULNAE ME N!g v31 INSPECTIONS MUST BE CALLED -IN' 24 HOURS IN ADVANCE FIRE ❑ ,.yna6,r.- CuII� COPY WNITf F It E GR! f N I' �NANr ! , _ - CANARY INSNE C TOH (i{JI D RE (.E IPI Plhtl ASSESi()N -'� rw �� To: Planning Commission From: Jeanne A. Mabusth, Zoning Administrator Date: ,Tune 11, 1985 Subject: #926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit Zoning District - LR-1B Pertinent Ordinance - Section 10.20, Subdivision 3 (G) Application - Conditional Use Permit required for non -rental, second residential unit on property. The residential unit will be a quest apartment located above a detached garage. Total Area - Approximately 2.4 Acres List of Exhibits Exhibit A - Application Exhibit 8 - Property Owners List Exhibit C - Plat Map Exhibit D - Survey of Tract D, E, F, G, I1 & Registered Land Survey 565 Exhibit E - Survey of Dayton's Property Exhibit F - Building Permit for Garaqe/Guest House At the time of the building permit application review for a detached garage, the contractor advised that Dayton planned to con- struct a guest apartment within the second floor area of the proposed 28.5 x 36.5 detached garage to be located on Tract D (see Exhibit D & E). The applicant had just purchased Tracts D, E, F, G, H and I z:djacent to his homestead site, Lot 6, Ordinance Subdivision 349. The total area of the combined tracts totaled 34,964 s.f. or 80%. Per Section 10.03, Subdivision 6 (A) (1) the tracts, if combined, would qualify for a single family dwelling use without Council approval. The proposed structure is clearly accessory like in both use and look. If the tracts are not combined with Lot 6 and the detached structure and use not formerly identified as quest house and accessory to a principal residence, the substandard property (80% of area) with an existing guest house could be sold as a potential new buildinq site. Section 1.0.03, Subdivision 6 A,(1) clearly advises that such a pro- perty shall not be more intensely developed unless combined with one car more abutting lots or portions thereof so as to create a lot meeting the requirements of the given zoning district. The building site could never support a second residential unit. There would be no additional vacant lands available for combination. The applicant accept he City's position. Dayton was advised that all tracts had to t- -;fined with Lot 6 as one building site containing 2.4 acres before a buildinq permit could be issued the detached garage. Review Exhibit F, the building permit was issued upon complete application for the conditional use permit and with the understanding that no plumbinq would be allowed to be installed within the kitchen area or bathroom of the apartment. Zoning File 926 Conditional Use Permit Judson M. Dayton 1655 Bohr_'s Point Road June 11, 1985 Page 2 of 2 Staff Recasends To recommend approval of the conditional use permit application of Judson Dayton finding all standards for guest house use per Section 10.20, Subdivision 3(G) have been satisfied subject to th- following conditions: 1. Guest house apartment may never be rented, but is for the exclusive use of owners, their guests or caretaker. 2. Guest house must have separate sewer connection to municipal line. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 9 #926 JUDSON DAYTON 1655 BOHNS POINT ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:07-11:10 PM Representative of Judson Dayton, Jeff Stebbins, was present. Chairman Callahan called for the public hearing at. 11:07 p.m. Building & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this public hearing. Zoning Administrator Mabusth explained that the applicant wishes to construct a guest apartment within the second f loor area of the proposed detached garage. Chairman Callahan closed the public hearing at 11:10 p.m. Kelley moved, Sime seconded, to recommend approval of the conditional use permit application of Judson Dayton finding all standards for guest house use per Section 10.20, Subdivision 3(G) have been satisfied subject to the following conditions: 1. Guest house apartment may never be rented, but is for th exclusive use of owners, their guests or caretaker. 2. Guest house must have separate sewer connection to municipal sewer. Motion, Ayes (7), Nays (0). #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE PUBLIC BEARING 9:20 - 9:45 PM Mr. and Mrs. William Gregory were present. Chairman Callahan ralled for the public hearing at 9:20 concerning the Gregory's variance application. Building 6 Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this public hearing. Zoning Administrator Mabusth noted the applicants seek setback and hardcover variances to locate a swi.nming pool within their lakeshore yard. Mabusth stated that in the applicant's addendum to the application the applicant expressed her desire to locate a greenhouse within the lakeshore yard also. Mabusth stated that the applicant had been granted variances before for the new construction. Rovegno states] that since water drains into a pool, a pool should not. he considered hardcover. ZONING FILE NOS 926 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/27/85 ---------------------------------------------------------------------- TO: Judson Dayton COPIES TO: 1655 Bohns Point Road Wayzata, MN 55391 ---------------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit ---------------------------------------------------------------------- Date of Meeting: 6/17/85 Vote: 7 For Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Guest house apartment may never be rented, but is for the exclusive use of owners, their guests or caretaker. 2. Guest house must have its own sewer connection to municipal line. If you are unable to attend the scheduled Council meeting, please see that you have an authorized representative attend in your place. ---------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council July 8, 1985 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: Mayor. Butler Mark Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: July 1., 1985 Subject: #926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit Zoning District - LR-1B Pertinent Ordinance - Section 10.20, Subdivision 3 (G) Application - Conditional Use Permit required for non -rental, second residential unit on property. The residential unit will be a guest apartment located above a detached garage. Total Area - Approximately 2.4 Acres List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Play Map Exhibit D - Sut.ey of Tract D, E, F, G, H & I Registered Land Survey 565 Exhibit E - Plat of Dayton's Property Exhibit F - Building Permit for Garage/Guest House Exhibit G - Approving Resolution At the time of the building permit application review for a detached garage, the contractor advised that Dayton planned to con- struct a guest apart7;:nt within the second floor area of the proposed 28.5 x 36.5 detached garage to be located on Tract D (see Exhibit D & E). The applicant had just purchased Tracts D, E, F, G, H and I adjacent to his homestead site, Lot 6, Auditors Subdivision 349. The total area of the combined tracts totaled 34,964 s.f. or 80%. Per Section 10.03, Subdivision 6 (A) (1) the tracts, if combined, would qualify for a single family dwelling use without Council approval. The proposed structure is clearly accessory like in both use and look. If the tracts are not combined with Lot 6 and the detached structure and use not formerly identified as quest house and accessory to a principal use, the substandard property (80% of area) with an existing guest house could be sold as a potential new building site. Section 10.03, Subdivision 6 A,(1) clearly advises that such a property shall not be more intensely developed unless combined with one or more abutting lots or pertions thereof sc, as tc: create a lot meeting the requirements of the given zoning district. The building site could never support a second residential snit. Ther, would be no additional vacant lands; available for combination. Zoning File 926 Conditional Use Permit Judson M. Dayton 1655 Bohn's Point Road June 11, 1985 Page 2. of I The applicant was notified of the City's p(:,, .ion. Dayton was advised that all tracts had to be combined with T.,- 6 as one building site containing 2.4 acres before a buildinq permi* could be issued f^r the detached garage. Review Exhibit F, the building t.ermit was issue upon complete application for the conditional use permit and with the understanding that no plumbing would be allowed to be installed within the kitchen area or bathroom of the apartment. Planning Commission Recommendation To recommend approval of the conditional use permit application of Judson Dayton finding all standards for quest house use per Section 10.20, Subdivision 3(G) have been satisfied subject to the following conditions: 1. Guest house apartment may neNer be rented, but is for the exclusive use of owners, their guests or caretaker. 2. Guest house must have separate sewer connection to municipal sewer line. The enclosed resolution has been drafted per the recommendation of the Planninq Commission (Exhibit G). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 '19l A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE. SECTION 10.20, SUBON 3 (G) FILE NO. 926 WHEREAS, Judson M. Dayton (hereinafter "the applicant") is the owner of the property located at 1655 Bohn's Point Road within the City of Orono (hereafter "City") and legally described as follows: Lot 6, Auditors Subdivison 349, Tracts D, E, F, G, H & I Registered Land Survey No. 565 WHEREAS, the applicant has applied to the City for a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest apartment within a newly constructed detached garage. NOW, THEREFORE, BE IT RESOLVED by the City Counci I of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 926. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. On June 17, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that the application met the intent of Section 10.20, Subdivision 3 (G) of the zoning code and the compre- hensive intent of the single family lakeshore residential district. 4. The City Council has considers-d this application in- cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1791 5. The City Council finds that granting a Conditional Use Permit to allow the guest apartment to be constructed within the detached garage structure will not be detrimental to the health, safet or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor wil: it depreciate surrounding property values and the proposed le ✓el of use of the prof erty wi 1 1 be in keeping with the intent and objec- tives of the Zoning Code and Comprehensive Plan of the City. CONCULSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest apartment within the detached garage on the property, subject to the following conditions. 1. Guest apartment located within the second f loor of the detached garage may never be rented, but is for the ex- clusive use of owners, their guests ar their employees. 2. The guest apartment must be served by an independent sewer connection to the municipal line. 3. Violation of or non-compliance with any of the items and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishabl^ as a misdemeanor. 4. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this eth day of July, 1985. ATTEST: oYtothy M: allin,'City Clerk Mary C. Butler, Mayor J " Property owner(s) Pagv 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1791 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of -1:46 i_ f 1985 before me a Notary Public within and for said county, personally appeared i , - L, .r:titi "' % D'4 y , , , I 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. pi0�4 PEA. P' Gµ LANES-�`� � MSG Pr Poll,- GO�y��,..�-1 µ0 r Ntas?iitA .� COX"", STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) y � / NOTARY PUBLIC / ' MY COMMISSION EXPIRES On this day of , 1985, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executer'_ the came as his (their) free act. and deed. NOTARY PUBLIC MY COMMISSION EXPI Rl S Pagc 3 of 3 STATE OF MINNESOTA i COUNTY OF HENNEPIN ) CITY OF ORONO ) 1 Dorothy• M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota• do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July_8 , 1985 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set m;- hand and seal this - 9th ---• day of -- JuZy--------- , 19 85 -- othy M.' allin, ity Clerk (SEAL) This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. Thomas J. Radio City Attorneyy' State Deed Tax Due Hereon: ExemE.t This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55j2:j MINUTES OF THE' REGULAR ORONO COUNCIL MEETING HELD JULY 8, 1985. PAGI•: 4 boat house to maintain the boat house so no further damage is done. Zoning Adrti_nistrator Mabusth stated that the structure actually supports the lakeshore bank and major problems would result if it were removed. Mabusth indicated that the Resolution would be amended to reflect that any type of improvement to the landscape would require prior approval. Planning Commission Representative Rovegno reviewed the recommendations made by the Plannin-, ",)mmission to approve the variance/conditional use. It was moved by Councilmember AdaniS, seconded by Councilmember Hammerel, to approve the amended Resolution 11789. Motion, Ayes (3), Nays (2). Councilmen Grabek and Frahm voted Nay. 1925 RICHARD HENNESSY 4670 TONRAV I EW LANE VARIANCE RESOLUTION 11790 Mr. Richard Hennessy was present. City Administrator Bernhardsor, explained the variance application of Mr. Hennessy to allow installation of a septic system rather than connection to municipal sewer located approximately 540' east across neighboring properties with severe topography problems. Assistant Zoning Administrator Gaffronreviewed the history of the subdivision into approximately 13 one acre lots and the problems and hardship the applicant would have to connect to sewer. City Engineer Cook explained the feasabiIity of connecting sewer to that property. City Administrator Bernhardson stated that he felt in the future, that other properties may not be able to be devaloPed with a septic system. And that when sewer is brought in it should be connc°cted to all lots, not just a portion of those lots. It was moved by Counci lmember Grabek, seconded by Councilmember Frahm, to approv- Resolution M1790 as stated granting the variance. Motion, Ayes (5), Nays (0). 1926 ADSON DAYTON* S BOHN'S POINT RD. CONDITIONAL USP. PERMIT RESOLUTION 11791 My. Jud, (n M. I),1yt corn was presrnt . MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD JULY 8, 1985. PAGE 5 #930 JIM SHAVER 1080 FERNDALE WEST V➢iI^IANCE RESOLUTION #1792 It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve Resolution #1791, a resolution for a Conditional Use Permit required f-r non -rental, second residential unit on the prope- y. The residential unit will be a guest apartment located above a detached garage. Motion, Ayes (4), Nays (0). Mr. Jim Shaver, applicant, and Mr. II.H. Tearse, owner were present. John Taylor of Dorsey & Whitney was present representing Mr. Tearse. Also present, was Walter Rockenstein of Faegre i Benson representing adjoining property owners. City Administrator Bernhardson reported that (a)the applicant needed a variance for construction of a residence on a two acre lot that was restricted by the Cry buildable area, and (b)the issue of riparian rights to a separate 25'x25' parcel which is submerged. Mr. John Taylor submitted a prepared opinion by adjoining property owners for City Attorney Radio to consider. Regarding the riparian issue, Mayor Butler felt that this should be researched by the legal staff to determine whether Mr. Shaver has a riqht to the Lakeshore being it is lake bottom. Zoning Administrator Mabusth indicated that a house could be built without any setback variances, but the specific design of house proposed requires a variance to the rear lot line. Mabusth also noted that the variance resolution should include an area variance of 1.02 acres. Councilmember Frahm indicated that the Resolution should state that this is a zoned two acre lot but meets the requirements of a one acre lot and that it is within the 80% buildable dryland requirment. It was moved by Councilmember Adams, seconded by Councilmember Hammerel., to approve Resolution 01792 as amended. Motion, Ayes (5), Nays (0). It was moved by Mayor Butler, seconded by Councilmember Hammerel, to instruct the staff to research the riparian rights issue and whether riparian lights have ever been given on an easement. Motion, Ayes (5), Nays (0). City Attorney Radio indicated that he will have a legal report prepared by the August 12th Council meeting. ZONING FILE NO. 926 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 7/9/85 ----------------------------------------------------------------- TO: Judson M. Dayton COPIES TO: Jeff Stebbins 1655 Bohn's Point Road Gentzy Construction Wayzata, MN 55391 TYPE OF APPLICATION: XXX Conditional Use Permit ------------------------------------------------------------- Date of Meeting: 7/8/85 Vote: 5 For Against COUNCIL ACTION - MOTION: To approve your conditional use permit application subject to the findings and conditions setforth in the enclosed resolution. A copy of this resolution will be filed against the chain of title of ,, ur property within the next 10 days. If you desire copies of the of f icia 1 Counci 1 minutes, they are available from the City Recorder of City Clerk after review and approval by i.he City Council. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY. LTD. WATNE 0. POPHAM ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINIS" ROLFE A. WORDEN O. MARC WHITEHEAD BRUCE D. WILLIS FREDERICA S. RICHARDS O. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. ISURK HUGH V. PLUNKETT,ELI rRE DERICA C. BROWN THOMAS A. BERG -AMES R. STEILEN 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 �� TELL —ONE ANO TELECOPIER �' 612 -333 - 443 00 Ak JAMES B. LOCKHART ALLEN W. HINDERAKER CLIFFORD M.GREENE D. WILLIAM KAUFMAN MICHAEL O. FREEMAN HOWARD SAM MYERS.M THOMAS C. D'AOUILA LARRY D. ESPEL JANIE S. MAYERON THOMAS J. BARRETT JAMES A. PAYNE DAVID ^.JONES LEE E.SHEEHV ALAIN /RECON LESLIE GILLETTE MICHAEL T. NILAN ROBERT H. LYNN ROBERT C. MOILANEN THOMAS E. NELSON THOMAS J. RADIO DAVID L. HASHMALL KATHLEEN M. MARTIN JOHN L. CHILDS DOUGLAS P. SEATON THOMAS E.SANNER BRUCE ■. M<PHEETERS GARY D BLACKF ORD SCOTT E RICHTER GREGORY t WILMES ELIZABETO, A. THOMPSON KEITH J.. ALLELAND MARA B. PETERSON Thomas Crosby, Esq. Faegre 6 Benson 2300 Multifoods Tower Minneapolis, Minnesota 55402 TIMOTHY W. RUCK JULIE A. SWEITZER THOMAS C. MIELENHAUSEN KATHLEEN A. BLATZ MICHAEL D. CHRISTENSON J MICHAEL SCHWARTZ LARAYE M.OSOORNE MARK E. PALMA BONNIE G.RESNICK RUSSELL S. PONESSA BRYAN L. CRAWTORD DAVID K. RYDEN OWEN E.HERRNSYADT MATTHEW E. DAMON or Coot, TRED L. MORRISON December 3, 1985 Re: Your Client - Judson M. Dayton Our File No. 3643-87 Dear Mr. Crosby: 1240 AMHOIST TOWER 345 ST. PE TER STREET SAINT PAUL.MINNESOTA 55102 YELEPHONE 612 333 4070 SUITE 2.0'., 120r� 5EVEN*E ENT" STREET OENv COLOAADO 00202 T .ONE 303 64' T. )PIER 303 69) 21 y4 SUITE 300 SOUTH ,a00 M STREET.N W. WASHINGTON, O. C. 20036 TELEPHONE 1202I B2B-6300 TELECOPIER 120e1 820-5318 "BOB `�` .. I 1,I I nT'j 'i L��_ _. On July 8, 1985, the City of Orono approved a resolution granting your client, Judson M. Dayton, a conditional use permit over Lot 6, Auditor's Subdivision 349, Tracts D, E, F, G, H and I, Registered Land Survey No. 565. I attempted to file this conditional use permit for the City of Orono but was unsuccessful because the Owner's Certificate of Title No. 642518 was signed out to you. On August 8, 1985, I contacted you and requested the certificate of title which you said you would send me. I have not yet received it. Please contact me if there is a prohlem in obtaining certificate. If there is not, could you please send the certificate to me so I can file the conditional use permit Mr. Dayton's land. I will he happy to sign a receipt for certificate. Very 'If yours / ;�z N cy F� Husnik I_ al Assi_;tant for the City of Orono NEH/dnd 7 4 3 2 f this fl-)r the Thomas Crosby, Esq December 3, 1985 Page 2 K32 Jeanne Mabusth NO.As 2457 92 6 c r� FF p�LI. ,s Pp�NT r . 51 i1P/ �,�t, � IL4f' OJts61) 1. ,ApO�Z�p t 1Zz4 A t izzz) 15� F (a) IAA 4I lWn r tt