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Home My WebLink About Project Packetft , Daty� ec'd c. ,- .! Fees c Receipt _ lnitials CITY OF OIRONO / / GRERRAL LAND U8E APPLICATIOr b --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 15 Boh,,s Point Road Property Identification Number (P.I.D.) 08111?'4«, Please check one - Iw the property X attract or torrens? (for Conditional Use Applications on yT Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 544-4215 Name Gustafson Design Phone (work) 544-4215 Address 1845 Wisconsin Avenue North City Golden Valley Zip 55427 -------------------------------------------------------------------_-------- OIINER (if different than aptlicant) Phone (home► �'? Name Clark Winslow Address 1595 Bohns Point Road Phone (work) 332-1544 _ City Orono Zip 55391 Data Property Acquired May, 1987 (month/year) I (do) (do not) also own the adjacent parcels of land. ----- --------------------------------------------------------------------- FM - CONDITIONAL nQ VIM MITA $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit./rldg $250.00 d) Commercial/Industrial Use i�a1►. r ; F ALI T.r x $200.00 f ) Land Alteration a J�•` W. X _ Grading and f i 1 1 i nq - 101 cu. jH. or. mom. N Seawall, retair.inq wails within jjF* o ,,A .00 lakeshore PRD/PID - sets fee schedule OTC APPLICATIOM _ $150.00 Coswercial site Plan Review (• consultant to") $250.00 Vacation $150.00 Basement Vacation $ 50.00 Faseuent Vacation With subdivision _ $250.00 Rezoning _. _._.._._ $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zontnq District Residential Present (Ise of Property Single family Residential Other (specify) --------------------------------------------------------------------------- nESCRIPTION OF REQUEST t)escrihe rt,quest in (let aiI Dredge out existing pond RRQUIRSD SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350'(you can obtain t h i s l ist f rom Hennepin County Depar t ment of Finance A-603 ''overnment Cernter 348-32)1) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ------------------------------------------------------------------------ Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGIIATURE The applicant hereby agrees to provide all information required or requeste:l by the Z,laing Administrator, agrees to pay all fees and/or unusual expenses incirred in review of th s a plication, and certifies that the information sups l did is tr a and or ect to the best of his/her knowledge. 1 T 1 n� ( i i cant ' s n i gnature ��` Date OWNERS S l GN 4TURB / The owrer hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Coun,:il members for purposes of investigation and verification of this request. A►ner's signatur Date 1 - —s. -- - -- - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plannir.q Commission Meetings are held on the third Monday of each month. Applicants must be present at al: scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled weetinq, to please make arrangements to have an authorized agent attend in your place and to advise the building t "oning Office of this change prior to the meeting. lik OATt 09/r"T 9ATCM 001 30 M 117-ts M "14 POPS a 0;. ,3S FV14*4S POINT RD 01a0TP fAQv WILLIAM ,, A MANY A ULPICH IAXPAIfa MILLI6M ..1 A MAPY A ULPECN 101r!/Aa100 IS IS aO M POINT RD mAtZATA MN 5i391 3A 39-117-23 13 00% P "P AOOR o l u o W30,45 POINT RO 01 s K" `tE DOUGLAS E r IRCMltR ETAL TAYPAYIR OOMLAS E 10CHt1E• NAF</Aar I S26 P 44M POINT RD WAYZAFA MM si391 is M-117-23 It 0001 POOP saw •1N0 WINM PC:INT PO OWNEV Now JOSEPN C ow-VuSOH • WIFE TAX PA T} R Pp0!!Ai E COMM ' 1E EN MIME MA0 16" @OHNa PC Ito POAD 000NO MM 55391 30 17 117-13 It 0002 POW AO 01 e S 5 BOttNS POINT PO CW*ll MOW J DAYTON A L DAYTON TAIOATE# J M DAYTON A E J DAYTON klm/A 1655 OONNS POUR PD WAYZATA MN SS3ol 34 17-117-73 11 0005 POW Mm 01629 M*m POINT RD OY,a/E0 ohm 6 P NI*LSON A 0 A N[LIm TA.PA/lam 6E:PA(D 9 A BARBAINA A NELSON KAMEf Aam 16Za acmes POINT ROAD =0010 MN SS391 3i 17-117-23 ll OCfl9 Pear Agar Oi"a ► NW J N DAYTON A E J DAYTON TA.PATIN JUDSON M DAYTON NAM/paw 165S MoM'S P014T PC" OPOND : ,N SS 3. 3 MENW PIN CORWTY PROPERTY INFORMATION "YSTEM PROPERTY OW495 LIST 1^ 08 117-73 44 0015 015,75 EuJHt:S POINT RD C J A S L WINSLCXA CLAIM J A :AiAPt_W J Wlt,SLOM I59S 80f4N5 POINT RD WAYZATA MN 55391 38 09-117-t1 33 0007 0LS40 BOHM POINT RD G W K ALWEIT ETAL GEORGE W KALMEIT 1540 8O0f9 POINT WAYZATA M 55391 38 16-117-23 22 COO. 01640 BONtTS POINT RD 0 1 U DkNLAP D A'I I O J A D I ANE J DUNLAP 16" eat'YS POIM RD W%fZATA MN 55391 38 17-117-23 11 0003 01625 BOHNS POINT RD TUE SAtO WAYZATA TRUSTEE THE $At*( WATZATA TRUSTEE C J WINSLOI RETIREMENT TRUST 9CC E WAYZATA BLVD WA•ZATA MN SS391 38 17-117-23 11 0006 01635 801N15 POINT RD DOUGLAS W LOHM%R A WIFE DC'. SLAS W LO MAR 1631• E'nt015 PT RD WAYZAT« MN SS391 38 17-117-23 11 0009 J M DAYTON A E J OAYTON JUDSC" M DAYTON 165i EO1N'S POINT ROAD OPOt10 PIN 55 3: 3 REPORT NO. PI435401 PAGE 4 38 09-1I7-23 33 coos O1S00 BOHttS POINT PO R K LEE A 5 N LEE R K i S N LEE iSOO ECHNS POINT RD OPOND MN 55391 38 69-117-23 33 0008 01580 BOHM POINT RD RICHARD M KOVACEVICH ET AL RICHARD M KOVACEVICH C/3 FlDP$xsT CCCP 1200 PEAVEY BLDG MPLS MN 554OZ 38 17-117-23 11 0001 01665 601t.S POINT RD T DENNY SAf:F OPO ET AL T OLMNY SAAFgF0 430 W. CROVE ST SUITE Z00 MPLS Mt 55403 38 17-117-23 11 0004 D i 5 AtMEPSON ET AL TOM E SUIEN 1600 St.1.3 PCINT PO WAYZATA M1 55391 38 17-117-23 11 0007 01645 BC1t'tS POINT RD 0 i M FOX DAVID K A MARGENE FOX 1645 E001S POINT RD WAYZAIA M1 55391 38 17-117-23 11 0010 J M DAYTON A E J DAYTON JUPSON M DAYTON 1655 e,DF+N' S POINT ROAD OR0140 MN 55323 i hum MATE twrvs7 PATch "I Ss t7-I11-21 ri 0011 PPOP At1ON OW r- R 'tum J M DAYTT1N A E J DAYTON TA-PAYfR JID%-OH M DAYTON NAM.-AC,Cw 16SS BOWS P.'!NT POAD DROID MN 5!i� i NDOP AOC'R ONF.t 0 KA 4w TAnPAY[A' TOTAN. BATCH 0113 00C.11 NAPR. / ADM NENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 33 17-117-23 11 0012 J M DAYTON A E J DAYTON JUDVW M DAYTON 1655 BO1+N' S POINT ROAD OPONNO MN 553,23 PEPORT NO. PI435401 38 17-117-23 11 OO13 J M DAYTON A E J DAYTON JIIDSO+ M DA TON 1655 BO1+N' S POIT:T ROAD ORONO M7 55323 I CERTIFY THAT THE FACTS REPRES_NTEO APE AN ACCUPATE AND TPUE REFwFUNTATION OF INFONMATION AS IT '^PEAF THIS DATE Ck1 THE RECORDS Of RE MENNtPIN C"ITT O.PARTMNT Of ►iT TAXATION. TO THE BEST Of "I KM'JMN_EDU AND BELIEF DATE r BY CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, October 19, 1987, on the matter of reviewing the following land use applications: 1. #1204 Orono Community Church, 770 Old Crystal Bay Road seeks approval of an amended site plan fo. the ctiurch use. 2. t1205 Pobe Maxfield , 4175 North Shore Drive seeks lot area a• 1 ,gidth re►iewal variances to construct new residence. 3. 11206 Katherine C. Perry, 2693 Kelly Avenue seeks hardcover and side setback variances to construct screen; d porch and three level deck. 4'. N1207 Gene 6 Catherine Scanlon, 2815 Casco Point. Road seek hardcover and lakeshore setback variances to allow the rebuilding of a deck. 5. f1208 Michael Saylor, 1990 Spates Avenue seeks side setback variances to allow construction of an enclosed en' ry to the existing -esidence . 6. 11:09 Tina White, 2150 Prospect venue seeks a side setback variance to construct a three seasoned porch. 7. 01210 Charles Jones, 3129 Casco Circle seeks a conditional use permit to al log+ the rebuilding of a non -rental, second residence on the property. 8. #1 211 Gerald Nes 1 und, 1225 Orono Oaks Drive seeks a conditional use permit and variance to construct a driveway through a protected wetland to service a future residence. 9. t1213 Rol l in Lacy, 2655 North Shore Drive seeks hardcover and side setback variances to allow .construction of an attached garage. 10. 01215 Smith Say Marina, 1955 Shoreline Drive seeks a conditional use permit > allow installation of a sea wall. 11. #1216 Clark Winslow, 1595 Bohn's Point Road seeks a conditional use permit to al low the dredging of a pond designated as a protected wetland. Al 1 persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. Dy: Planninq Commission pan A. Mabusth, Buil nq i Zoning Administrator To be pub 1 i shod the week of October 5, 1997. C i IF OF ONO►.O the Pyrv,•ng Cprtlr"WIMOO wd1 rotd pubkc f1eDlft» n the Candi Clambers r 1275 SOUL" I Hrown Aomd on katndsy. October 10 198? a, i intf metier of rev,e .ng the loaow,ng WM use appecat,ons i 12040rOnO Carteterity CMxCh 770 old Crystal eft Road ape" epaovsi of or mend ed $ee Own for the chw(.11 uN 2 1205 Robert MWI*W 4115 North Shore Drhe Seeks 101 tea rid Wk" ,e,vwal vrla W" to rlorlatrucI now reedw%ce 3 120E Kalriera,Ir C Pony 2001 Kelly AvVM10 seeks !Wl*fyvw ere srds setback "arl arose to constnid Screened porcr and thee Navel do, k 1207 Clew 6 Catherine Scanlon 2015 Casco Pohl PAwd $eek rrrdco.er OW 1110047h. e setback Venturi to SHOW the robui" of a data a ! 206 MKNO SovNp 1900 Spae , A- so&A sde setback valences In SNOW corwfuc tlon o. an anciomed entry to trio existing reeklence 6 1209 T lrta * 1 21 a0 W OWG CI AvNrM seeks a ad* sett., /erlarKv to ronstruct a twee %Aasono pur; 7 1213 Charles Jaw 3129 CaSCO Cxclo seeks s corldihOn l use permit to Seow the reb,4oding of is rip' re-Ast Second resident-4 On the property a 121 1 Corap Ne"Ad 1225 Orono Oaks Dnva Seeks a cond~W use perms and .an ants I COrWruct a driveway through a protect ad wettend to eerv" a future revdence 0 1213 /loam, Lacy W5 Worth SNOW* Drh* asaea haroccn w and safe setwca "uric" to aft coMfnx fwt of an ~.hadrprapa 10 1215 SAvth Bey Marne 1955 ShoraWW ort" seeks a c ptMmrmm use Own" to Seow 0 t ahflahar, of a ees Wall 11 121 E CIerk W: ylow I S95 Bonn a Vomit dead seeks a CardMWW use DW-4 to dow the dredging of a prn0 do*Wt@Md ee a v(tsctad walrrw AS ow soar eashr>o to be heard wis "Witt at ohm term T I» n oellrl� 'arts at 7 00 p m tits tan Lwhalkq re suk iced Plane we avarlaofe tilt review In the C,r1 othoSe 91r eppo+r4" --4 M PWrWWw (,olwrosarx, •loanne A MebuMh &iedtrtg and 2onrtg AdhwrahMo, fPuOkahad v, T W r Sher erxt flortee on Oct 5 10Atr Affidavit of Publication State of Minnesota. County of Hennepin Bill Holm. beer ) duly sworn, on oath says that he 15 an authorized agent and employee cf the publishe( of the hey paper known as THE LAKER Mound Min- nesota. and has full knowledge of the facts wh!th are stated below A ► The newspaper has comnlied with all the require ments constituting qualihcati(,ns as a qualified newspaper, as provided by Minnesota Statute 331A 02 331A 07 and other applicable Iaws as amended B i The printed which is attached was cut from the umns of said newspaper, an was , inted and published once each w-ek for n successive weeks It was first punlished Monday the -5— day of L1 C / 1917 and was thereafter printed and published every Monday. to and including Monday the day of 19 Authorized Agent Subs,:ribtd and s,tiu►n to me !tas S day of 19 C17 i Oslo ta�iurlr �aMee f�xi l � a 111 t e "wo Ctaa~ , all p ! OWAWMW Mrs No : rove am Mreco t? r ow - 1, Fee •plarttd d so try aBYtlr timer IN so oI w¢'I _I. Pat* SCRr01W I11IMP O for 4W .s W40W !" e,e Ar iaCA tog" w40+afVi wax "&,.o we* 63 Mr aria* CERTI F I GTZ OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearinq concerning the matter of 41216, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of October, 1987. 1 ,laoie Bosma D Ulf r1w11tTgaa P.O. Box 387, Wayzata, Minnesota 55391 M M OF 111111111111111100 iiyd M C 0WMP PM - MOT i t ehman - JOIN E aroma» ; am o Andrn • tames R Soeftwy - gcnaro R W o - Wcnaa a Can or .�"'Rl..r1�.'.'..Y .4..+A ri�t•_t".. u.,i a. ....•� �..rr�r ♦ Y Permit Application No.: 87-138 July 21, 1987 Owner: Clark Winslow 1595 Bohns Point Rolid Orono, MN LuLition: City of Orono, Sec. 16 BBB Crystal Bay, Lake Minnetonka Purpose,: Dredge an existing wetland Jeeper any' install in outlet to Lake Minnetonka. De.ir Mr. winslow: At the regularly scheduled July 16, 1987 meeting of the Board of Managers, the sub;e•_t -ormit applilation was -viewed ilorg wi''• the fallowing exhihits. 1. P"rmi', Application No. 87-: ', re,_Eived July (j, 1?87. 2. Site map showing loca'ion of proposed pund aid a1jacr.nt property. 3. Site mi,, showing -drainage swjle across pr;perty rest -if pond site. 3, hand; 'rjwn sketch showin; •Ioviltior of calvrt and--r Bohns Point Road Ind ,rOpysed pipeline. S. Site plan showing details of pon-d cunstruction. 6. 5i*o plan showing three alterations 'or sewer installltior. 7ne Board approved the wetland alteration purtiun of the project on"y. The jppli,ant should note �_-onstruction of 'he proposed sewer outlet is not authorized under this permit. '.t is rawended that the proposed outlet he ConSi;ered under a separ.jto .—nit j,.lication. This locuirent is your permit from the MCW0. It i; va1iC for one !1) year. If construction. is not complete within one (1) year, an extension must be requested. :'le.jse contact the 'Astri,t at 473•42^4 when the project is about to commence so an inspector may viaw 'ne work in progress. E:GENE A. 41LKOK AND ASSCCIA7ES En;inewrs for the District MoT:_14el A i n e r, p. f, Date of lss,e cc: Board Odle bostahal Jeanne 14abusth, City of Orono .......... f 10 ®r, At -It 7 A A k 44 L ...00 WGMJ comr�c N C. PLANNERS o Nth) D ' MINNEHAHA CREEK WATERSHED DIST14ICT P.O. Boa 387 •NoVzota, Minnesota S5391 :.i" Reverie SKIP fur Instruci,uns) 1 Owner City of Orono (FOR OFFICE USE ONLY) Permit Application No Date Received i Notice Sent - -�- Agenda Date APPLICATION FOR PERMIT (po MA 1Wrrle Above This Lx+e1 (M+ • Mn Post Office box 66 Crystal _Bay, MN _55323____..___.__. 3 Permit Requested For iCheCk All Appropriate Boxes) 2. Owner s Representative rc,,, %rovero, ----- -,tea PE R L.S. L A L . Other B Stormwatcr Manao efnent P!an D x Wetland Alteration Cornmr=rt: .al E Dredging Indust'nal Inst,tut+Onv cw r+,gt*way F ShoreUnelBank Improvement Res~trsl G 5treemlaKe Crossing C F)oodplaal ArteraxVn 1 Pr�o�:1 Locaron jlljl�u. �.._ � _�• = __�_.,�L ��_ .....__ � __. R DOMMO n» PMOC! i n c o^ vnt t t n w t t,hrtd,Etr ruveQs _l_t o�t�',� A_ I C M D to widen thr- shoulder of the road I0. 11ft or a d1-1_tanGt.__fget atonq Bahr,., "_,nt^R,?sd_an_d_er it a tne_"o d air equal smuunt an the west edge of pr,nd l N The Protect Reg► ve Murwnp i App+nval or Ilbwbwt 1111ftulli Oocument,on of Munrc(rai Re, rrw I daft of VVMW Stream or Wmi&r%d A"*~. by R:,nc,01 From This Site ' Ac ca.iftUt.unkiii _.. -_ t' From Project ---.250 tic t 3tt>MtMM +soar CiiOA, lmvler+ ertfabcx+ � Ter.►;x,, dry E =osu�n ContrOla, Subrtantiat C cxr�let�on and Resaur a- hon ..._..�� L^_52�...di>ll.S:..'.._,�a s9''..._1�.411�.1.L�L►S_.!^4 Y'1�1t+.9 S� tt. titi�t_ ltt�t MQ_ to f^$.2� .9raft4_ `, t,, " !;• �lC .!? �. 1tit t^ t ..ls�tt� _.Qf . P%NM cAN ISIZI 4n4224 0 aS .n i fts"H' ►+red M. submin"'4 thre VANM. Mle aPpkCWN -- ka-rredgee ON regwremMrlt for perry:t ,rawwavr so 491wi ned try the pubk~ Auivs *~ Fsou" 20 Igo (:ITY of ORONO -)sl Office Box (if)0 Crystal Hay, Minnesota 55:Mi*Muricipal Offices On the North Shore o/ Lake Minnetonka October 5, 1987 Bonestroo, Rosene, Anderlik 6 Associates Attn: Glenn Cook 2335 West Trunk Highway 36 St. Paul, MN 55113 Re: Zoning Files - "I Scanlon, i1214 R. Ziminski, t1215 Smith Bay Marina, N1216 lark Winslow Dear Glenn: the following land use applications are enclosed for your review and comment. Please advise in your comments if additional information will be necessary from any of the applicants. Your written comments should be submitted to this office no later than Monday, October 12, 1987. Sincerely, Jeanne A. Mabusth, Building 6 Zoning Administrator JAM/tln Enclosures DUILDI%G a VAN(; - 4") 7 311 • ADWN4 TR A770N A FINAM t 411 ' 156 • M IN K WORKS 4' 1 t 1!0 AUU &NNav eonestroo Rosene Anderlik & Associates Engineers & Architects octoher 12, 1491 City of Orono Box 66 Crvs al Bay, MN S5323 Attn: 'eanne Mabusth Re: 0.1216 Irinoiw. 1595 Bohns Pt.Rd. Dear Jeanne: Otto G /UYsroo. rI Wh A rjWdon. ►C thfawD W onto MV . ►I crwln A Irrtfwn for ROOM * Gowry of f,thwo W Few, /f meow" C lynch. II Leo M ►aWN,►y loVf►, C Anep. * rt Datala C sw9nw. ►C jDaw, f mass". /I Haman M Olsonf=1 A k@"rWq rE N„y A 8"dan ►I f/nnith r Andrwn. /I Su San M Itw,w, fRhMa I %ant, PC Mara A MM+ton ►I 00h A rdM/eM. r( Waft A fffp um" C "Awn It ba ■ /y,a rt Mae f ft#h /C Gw— f Cod. /f Unt%M t fwwTarv, • t NoWn C fuueR A t A Im"af I Noy". ►R � n f rrNte•Y II fr Ihwat [ AOV", IC M ROOG %,�,,,wht ri Cava O towwa rt w%waw A Svdwda ►R MarrM tPt D OCT 1 3 ►997 We have reviewed the application frog Mr. b Mrs Winalow at 1505 Rohns Point Road for pond construction. Th- pone will he located in A dogienated wetland area. The sres to he excavated is approximately 25 percent of t►+P wetland. Thr' pond construction will improve the sedimentation capacity Available and wildlife habitat. The construction will reduce the assimalation capacity of the marsh slightiv. The pond is proposed to he 1' feet le,-p with 3:1 slopes. The proposed depth of the pond will help to miniTize ales growth and pond o4ors. The construction operatinnq wnull reqult in some erosion problems an silt fence shoul,i he regvirel near the pnnd outlet. The proposed cnnstrtiction wontd not appear to have any lnnR torn A+vt'►qe cFfects on hake Minnetonka. If you have anv gnentionq, please contact this office. Yours very truly, AMSTRr#O, RnSRNf., ANDF.RLIK ` ASSMIATES, INC. aw'4'�— 1&— /",-- Glenn R. Cnok GRC/jo Enclosure 7193e 2335 West Highway 36 a St. Paul, Minnesota S5113 9 612-636-4600 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frcne: Jeanne A. Mabusth, Pliildinq & Zoning Administrator Date: Octoter 13, 1987 Subject: #1216 Clark Winslow, 1595 Bohns Point Road - Conditional Use T'c,rmit - :'ublic Hearing Pertinent Ordinances - Section 1 0.03, Subdivision 19 - Conditional Use Permit required for land alteration. Section 10.55, Subdivision 8 - Variance required for alteration of a designated wetland. Pertinent Facts Zoning District - LR-1B Total Area = 4+ acres Dredging of 1,548 cubic yards (150 dump tuck loads) of spoils to be trucked from site Pertinent Issues - 1. Application involves the dredging of a designated wetlands requiring both a conditional use permit and variance. 2. The application to dredge the pond was approved by M.C.W.D. at their meeting of 7/16/87 (Exhibit D) subject to the City of Orono approval. Note the remaining items in that approval were tabled. Since that review both the Public Works Department and M.C.W.D. have worked together to approve the raising of the culvert elevation to the 930 elevation. All other phases of the application would have required conditional use permit review and to staff's knowledge have been dropped. List of Rzhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - M.C.W.D. Letter Exhibit E - Engineer's Report Exhibit F - Plans The application involves the removal of aproximately 1,548 cubic yards of spoi Is from a wetland 1/3 to 1/2 acre in area. The maximum depth of the pond is proposed at a 12 feet depth with outer ring areas at 10 to 5 feet of depth. S 1 opes wi 1 1 beat a 3:1 ratio. The cu 1 vert has not been raised to the 930 elevation as yet but will be completed with t►.e pond {hedging. The present elevation at 929? allows lake water to flow from the east through culvert to Fond. Zoning File 41216 October 13, 1987 Page 2 of 2 The applicant wants to dredge the pond so that there is standing water at all times. The wetland is predominately dry with cattails - the alteration involves 25% of the pond area. Per the Engineer's report, Exhibit E, the dredging will slightly reduce the assimulative capacity of the marsh. The prcdosed depth will reduce alge growth and pond odors. The Engineer sees no long term adverse effects on Lake Minnetonka as a result of this project because of the minimal scope of the project. The project will result in increase sedimentation capacity and wildlife habitat. Prior to making a recommendation on this application, Planning Commission should consider the necessary findings that must be made prior to making your recommendation whether it be for denial or approval - Section 1 %55, Subdivision 25 (A), Items 1-7. If approved your conditions should include the following: 1. Applicant to provide silt fencing near the pond outlet. 2. Hauling cannot take place on week -ends and may only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. City must be advised in writing if it is necessary to haul on Saturdays. 3. The liability issue should be r^_viewed by applicant since the creation of a 12 feet deep pond wi 1 1 create a potential hazard. Additional Cos nts and Planninq Co fission Reco■stendation - October 30, 1987 The Planning Commission questioned the classification of a pond of this size as a protected wetland. Staff advised that cattails or vegetptirn did provide assimulative treatment of run-off to the pond (serving 4+ acre watershed). Currently, the elevation of the culvert to the east side of the pond al lows lake water to f low into pond when lake reaches an elevation of 929+. The raising of the culvert and the increased depth of the pond will allow greater retention for run-off from the watershed and the untouched vegetation (751 of pond area) will still provide adequate treatment for this sized watershed. Planning Commission approved of the dredging application but questioned staff's concern for the liability of the application with a pond now at a 12 feet depth. Planning Commission felt that this is the same issue for the owner who installs a pool. The insurance carrier of the owner shall advise applicant of his liability if any. The enclosed resolution has been drafted per Planning Commission recommendation. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1987 1216 C LARD M I NS LOW 1595 BOHNS POINT ROAD CONDITIONAL USE PSRMIT/VARIANCE PUBLIC HEARING 10:04-10:06 The Affidavit of Publication and Certificate of Mailing were noted. Dale Gustafson of Gustafson Design was present representing applicant. Zoning Administrator Mabusth explained the request for a conditional use permit and variance to dredge a designated wetland on Bohns Point. Brown voiced concern with the negative impact of this project. Zoning Administrator Mabusth stated that it will effect the assimulative capacity in the beginning, however, the scope of the application is very small. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Hanson, to recommend approval per btaf f recommendations 11 & t2. Motion, Ayes 5, Nays 1. Brown voted nay. APPROVAL OF 1988 CALENDAR It was moved by Chairman Kelley, seconded by Johnson, to approve the 1988 Calendar of Ci,v Meetings designating Wednesday, July 6, 1988; and Wednesday, September 7, 1988 as the optional Planning Commission meeting dates for those months. Motion, Ayes 6, Nays 0. APPROVAL OF MINUTES It was moved by chairman Kelley, seconded by Hanson, to approve the Minutes of the September 21, 1987 Planning Commission meeting as subs, tted. Motion, Ayes 6, Nays 0. PLANNING COMMISSION REPRESENTATIVE Brown was appointed to attend the November 9, 1987 Council m--eting. ADJOURNMI T 10:08 P.M. The Planning Commission meeting adjourned At 1.0:08 P.M. 16 ZONING FILE NO. 1216 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/28/87 --------------------------------------------------------------------------- TO: Clark Winslow COPIRS TO: Gustafson Design 1595 Bohns Point Road 1845 Wisconsin Avnenue North Wayzata, MN 55391 Golden Valley, MN 55427 --------------------------------------------------------------------------- TYPR OF APPLICATION: XX Conditional Use Permit --------------------------------------------------------------------------- DATE OF MRRTING: 10/19/87 VOTE: 6 For Against Planning Commission recommends the following: XX Approval subject to conditions noted in staff memo of 10/13/87 sent to your prior to the Planning Commission meeting. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confiamed as: City Council November 9, 1987; meeting starts at 7:00 p.m. (' i t e,wv of ORONO RESOLUTION OF THE CITY COUNCIL NO. " A RESOLUTION GRANTING A VARIANCE TO MUNICIPAI. ZONING CODE SECTION 10.5`, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILL: #1216 WHEREAS, Clark Winslow (hereinafter "the applicant") is the owner of the property located at 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as I.ot 2, Block 1, Beth and Bridget, Eit2nnepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application tc, the City of Orono to permit the dredging of 1,548 cubic yards of spoils from a pond approximately 1/2 acre in area requiring a conditional use permit. per Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval of a variance because the pond is classified as a designated wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoninq File i1216. 2. The property is located in the LR-113 Single Family Lakeshore Pesidential Zoning District. 3. The property is approximately 2.12 acres in area. 4. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance to Section 10.55, Subdivisinn 8 allowing the dredging of a designated wetland, and recommended approval of a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from the pond, based on the following findings: A) The actual alteration will involve only 251k of the pond area at approximately 1/2 acre. B) The proposed depth of 12 feet will reduce algae growth and pond orders. Page 1 of 4 4. City of ORO NO RESOLUTION OF THE CITY COUNCIL NO . • ' C) The scope of the overall project is minimal and will result in a negligible impact on the lake and wetlands. D) In a report dated October 12, 1987, the City Engineer Glenn Cook had the following comments: i. The proposed alteration .4, 11 improve the sedimintation capacity available and widlife habitat. ii. The proposed alteration would not appear to have any long term adverse effects on Take Minnetonka. iii. ;he alterati i will reduce the assimilative capacit„ of th marsh slightly. Based on a review of the necessary findings in approving the alteration of a protec ed wetland, the Flanning Comm`.ssion made the following findings: 1. The proposed alteration will not restrict the passage of flood water or run-off. 2. The alteration will not pose a danger to life or property. 3. The proposal appears to be compatible with the City's desire to preserve natural land forms, vegetation and wetlands. 4. The alteration will provide greater storage or retention of run- off as a result of the increase in depth. 5. The City Council finds that the conditions existing on this prc- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the varia,ice world not adversely affect traffic conditions, light, air nor pose a fire hazard or other clanger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- straule 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. 6. The City Council finds that granting a conditional use permit to allow the dredging of the wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely affe,.t light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Paige 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2296 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 1n.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on the subject property, subject to the following conditions: 1. Prior to dredging silt fencing must be installed near the pond outlet. 2. The hauling of the spoils shall not take place on Saturdays or Sundays and shall only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. The City must be advised in writing if there is a valid need to vary from this approved schedule. 3. Authorities granted by this resolution run with the property not with the applicant, but are-,ermissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (November 9, 1988). 4. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, arcs shall be punishable as a misdemeanor. 5. The undersigned applicant.. has read, understood and hereby agrees to the term,., of this resolution and on behalf of himself, his heirs, successors and ass4_gns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of November, 19h7. ATTEST: c> thy M.` llin, sty Cler. Jame R. Grabe ; or �1 Property Owner s Page 3 of 4 CCit.y of ORO' O RESOLUTION OF THE CITY COUNCIL NO +,. STATE OF MINNESOTA COUNTY OF HENNEPIN On this 9'—� day of AJC cry,.-Lk-,Y- , 198-2 before me a Notary Public within and for said county, personally appeared si�LAvc= L.. wires/rs�) 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 .. •t and deed. oi§ L w,NAA ot� COt/Nrr STATE OF MINNESOTA )as. COUNTY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES On this J Z.' 'lay of /Vp 198/, before me a otar Pub is Within and for said County, personally appeared �`Z__ known to me to be the -14 IIperson(s descr in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. AL Affi0nbdMdMW------1ft. Nt�7'AR PUBLI( �► L wMMwEss 0, JA NENN[►iN f �!J N rY 7o-kYy snmrr.rw, •., � STATE OF MINNESOTA ) COUNTY OF IENNEPIN ) CITY OF ORONO ) I Dorothy M. Hal -in, 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 N,jyembc-r 19 n-'__, 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 my hand and seal this I �t h day of November � 19 � Do oth y M. Tflin. nt y Clerk (SEAL) MINIVHS OF THE REGULAR ORONO COUNCIL MEETING HELD NOVF.MHER 9, 1987 11216 CLARK WINSLOW 1S9S BOBNS POINT ROAD CONDITIONAL. USE PERMIT/VARIANCE RPSOLUTION 12296 City Administrator Bernhardson explained the request for a conditional use permit and variance for the dredging of a designated wetland. The applicant wishes to dredge the pond so that there i s water stanu ing at a 1 1 t imes. Ile noted that this project will result in the necessity to change the elevation of a culvert. Planning Commission recommended approval. MA"OR'S REPORT: Councilmember Callahan voiced concern with the changing of the drainage pattern through a culvert from the Ulrich property. He felt there was nothing to be gained from this project and certainly no hardship has been proven to justify approval of the project. Applicant's Landscape Designer, Dale Gustafson, was present for this matter.. lie explained the applicant's desire to have a pond area that previously existed rather than a dry area with cattails. He stated that the value of dredging the pond is reestablishing a silt basin for excessive runoff. He explained that the majority of drainage from the Ulrich property runs over an, extensive grassed area of the property with only one area provided with a section of culvert. It was mr'ved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2296 approving the conditional use permit and variance as proposed. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. Mayor Grabek had no report. ENGINEER'S REPORT: COUNTY ROAD 15 COSTS OF LOCAL IMPROVEMENTS - PROGRESS City Administrator lierrhardson explained that the upgrade of County Road 15 entails the cost of approximately $500,000 for Orono's share in this improvement. Final plans for this upgrade should be delivered to the City within the next week. These plLns w.11 be available for the public to review in the Council Chambers. The County will make a presentation of the final plans at the next Council meeting. Staff will be working on financing issues. He noted that use Df MSA funds for upgrade of a County road will incur a penalty. The City could assess the project comb to adjacent benefiting land owners for sidewalk and storm drainage etc. which would en.t,si! a-.pecial public hearing process. Staff w: 1 1 make a recommendation of 9 ZONING FILE. NO. 1216 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/16/87 ----------------------------------------- ----------------------- ---------- TO: Clark Winslow COF"E.S TO: Gustafson Design 1595 Eohns Point Road 1845 Wisconsin Avnenlie North Wayzata, MN 55391 Golden %Irl.iey, MN 1,5427 TYPE OF APPLICATION: XX Conditional Use Permit DATE OF MEETING: 11/09/87 VOTE: 4 For Ast COUNC I I, ACTION - MOTION - To approve per the findings and conditions of the resolution previously mailed to you. Conditional Use Approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. TO: Mayor Grabek Orono Council Members City Administrator nernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: December 9, 1987 SUBJ: 01216 Clark Winslow, 1595 Hohns Point Road - Amendment of original Conditional Use Permit/Variance Li! rt:hibits - Original Plan n Amended Plan C - Cross Section of shoulder of road At the request of the City of Orono, the applicant has agreed to reopen consideration of application 01216 that involved the dredging and removal of 1548 cubic yards of spoils from a designated wetlands. In the prccess of making borings ir: the area to he dredged, the contractor discovered extensive pockets of yellow clay. The soil's stability - cohesive, plastic qualities are excellent for City to use in restoring and widening shoulder areas of Bohns Point Road. Please note these soils are not customary spoils ladened with rich nutrients. There is no danger of contaminating water quality of runoff to and from wetlands. Portions of the road right-of-way are located within the wetlands. The area of th- road restoration runs a distance of 130 feat ad ja.-ent to wetlands for a depth of 12 feet. The 650 cubic yards of clay will ae deposited or filled within the east edge of the wetland. Winslow has agreed to excavate the west edge of the existing wel, land to compensate fur filling on the east s i de of wc,• lands. Staff recommends approval of thf, land alteration that would allow the filling of the designated wetlands located within the road right of way of Bohns Point Road based on these additional. findings: 1. The land alteration will greatly improve the existing road by widening the z cad bed an s tProviding gentler slopes adjacent to wetlands. 2. Owner of adjacent property will provide additional pondinq area on his property to compensate for fiil of wetlands. Resolution #2296, approved by Council on ll/9/87, has been amended to include this final land alteration. This amended application will he presented to the Planning Commission at th-ir 12/21/87 mft-ting as an information item. The scheduled dredging by the applicant and the normal schedule of the Planni-,g Commission r.:eetings mane it impossit,le to schedule at the Planning Commission befc;re Council action. 5V64'71 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 320 A RESOLUTI:in GRANTING A VARIANCE TO MUNICIPAI. ZONING CODE SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE. PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1216 TRANSFER ENTERED VP' (K PROPE R! I '-AX & PUB! iL ki (ORUS FE9 9 NE� J N +v WHEREAS, Clark Winslow (hereinafter "the applicant") is the owner of the property located at 1595 Bohn's Point Road within. the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Beth ar. i Bridget, tiennepin County, Minnesota (hereinafter "property"); and WHEREAS, the appiicant has made application to the City of Orono to permit the dredging of 1,548 cubic yards of spoils from a pond approximately 112 acre in area and the excavation of 650 cubic yards of city land area adjacent to the pond to compensate for fi11in,a of road bed located on east side of pond requiring a conditional use permit per Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval of a variance bcEcause the pond is classified as a designated wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Oronc, FINDINGS 1. This application was reviewer as Toning File ' S. 2. The property is located ir. *he , -1B Sirn(ilo Family Lakeshore Residential Inning District. 3. Th,� property is approximately 2.12 acres in area. 4. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposes' variance to Section 10.55, Subdivision 8 allowing the dredging of a designated wetland, and recommended approval of a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,549 cubic yards of spoils from the pond, based on the following findings: A) The actual a l t E•rAt ion wi 1 I involve only 251 of the pond area at approximately 112 acre. L') The proposed depth of 12 feet will reduce algae Growth ,end pond orders. C) The scope of the overall project is minimal an l will rer -,lt in a negligible impact on the lake and wetlan1s. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL n a report dated October 12, 1987, the City Fngineer Glenn Cook had the following comments: i. The proposed alteration will improve the sedimintation capacity available and widlife habitat. ii. The proposed alteration would not appear to have any long term adverse effects on bake Minnetonka. iii. The alteration will reduce the assimilative capacity of the marsh slightly. 5. Based on a review of the necessary findings in approving the alteration of a protected wetland, the Planning commission made the following findings: A. The proposed alteration will not restrict the passage of flood water or run-off. B. The alteration will not pose a danger to l property. C. The proposal appears to be compatible wit: _..e City's desire to preserve natural land forms, vegetation and wetlands. U. The alteration will provide greater storage or retention of run-off as a result of the increase in depth. 6. The land alteration will greatly improve the safety of the users of 6oOns Point Road by widening the road bed and providing gentler slopes adjacent to wetlands. 7. The applicant has agreed to excavate an adjacent land area of the wetlands to compensate for area filled cn east side of pond with the improvement of the public road. S. They City Council finds that the conditions existing on tr.is pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 demon- strable hardship or difficulty; is necessary to preserve a sui,stantial property right of the applicant; and would be in keeping with the spirit and intent of the Zonina Code and Comprehensive Plan of the City. 9. The City Counci 1 f inds that granting a conditional use permi t to allow the dredging of the wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely Page 2 of 4 Litt/ of OR()NO RESOLUTION OF THE CITY COUNCIL NO. 2 320 .ight, air nor pose a fire hazard or other danger tc neighboring properties, nor will it depreciate surrounding property values and that the propos-d level of 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 a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on the subject property, subject to the following conditions: 1. Prior to dredging, silt fencing must be installed near the pond outlet 2. Applicant shall excavate 650 cubis yards of dry land area to compensate for filling of designated wetlands per plans refc,renced as exhibit B in Council packets for December 14, 1987 meeting. ?. The hau 1 inq of the spoils shall not take place on Saturdays or Sundays and shal 1 only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. The City must he advised in writing if there is a valid need to vary from this approved schedule. 4. Authorities granted 1)y this resolution run with the property not with the applicant, but. are permissive only and must be exercised by application for a buiidinq permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (December 14, 1988). Violation of or non-compliance with any of the terms and cor li- -ions of this resolution shall constitute 1 violation of the zoninq c c.Je, sha i 1 automati ca i iy terminate any aut.nori ty granted herein, ar;d shall he punishable as a misdemeanor. 6. The undersignel applicant has react, understood and hereby agrees to the terms of this resolution and on hehal f of himse: f , his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. t **-by the Orono r'ity Council on this loth day of December, 1987. ATTESTv y "no, City Clerk J# drabok,- It P r ope r t y %w n P r( -s )- -- - ---- Paqe 3 of 4 City of OR ONO STATE OF MINNESOTA ss. COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. 232U On this _� L/4"" day of 4Z-1C E.f1) b( 41 , 198J �)efoie me a Notary�l�c within and for said county, personally appeared Oklft "�? Al " -4,. 1, < "-/1 ! - .,u/�. known to me to be tilt; person(s) sect ed n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their-) free act and deed. rtPatrwea L Pelermopf NOTARN PUBLIC - MINNESOTA HENNEPIN COUNTY Mr co1mIMMIo0 ORPNOB 7-IS4+ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC l -i" 1-3 MY COMMISSION EXPIRES On this day of , 198, before me a Notary Public with n 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) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I 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 Ci'.y Council at a meeting of said City Council held on December 14 , 191- , 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 my hand and seal this 1 sth day of _ January 1988 /Dor6l.hy M. Ha lin, City Clerk rM N ni r\i cot .T u • lyt 1. i ,! •Y �!rr • "o - cc S W T co MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 #1104 PERL CONTINUED Councilmember Sime stated he preferred requiring the substandard septic be brought up to code. Gregg Per 1 noted that the septic system was updated in 1978 and based on changes in its status due to wet and dry years, he felt it was questionable if the system was in fact failing at this time. Assistant Zoning Administrator Gaffron supported Mr. Perl's comment and referred to the City's interim repair policy when a sewer project is pending. Councilmember Sime noted concern with the future of the septic system if sewer does not come through. City Administrator Bernhardson recommended that if by December 31, 1988, City sewer will not be coming in, applicant will have one year to install a mound system from that date. Councilmember Sime stated that may be compounding the problem and cost the applicant more in the long run. Mayor Grabek amended the motion to reflect City Administrator Bernhardson's recommendation. Motion, Ayes 5, Nays 0. #1199 RICHARD i GAY BELLY' 425 OXFORD ROAD VARIANCE DENIAL RESOLUTION i2319 It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adopt Resoluiton #2319 denying the request for a variance to allow construction of a new residence that would encroach 65 feet into the average lakeshore setback area. Motion, Ayes 5, Nays 0. / (#1210 CLARK WINSLOW "WrBOEINS POINT ROAD AMENDMENT OC CONDITIONAL USE PERMIT RESOLUTION 12320 Landscape Designer, Dale Gustafson, was present for this matter. City Administrator Bernhardson explained that at the request of the City, applicant has agreed to reopen consideration of the application that involved the dredging and removal of 1548 cubic yards of spoils from a designated wetland. In the process of making borings in the area to be dredged, extensive pockets of yel low clay were found. This clay would be excel lent for the 5 MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD DECEMBER 14, 1987 #1216 WINSLOW CONTINUED City to use in restoring and widening shoulder areas of Bohns Point Road and save the applicant the cost of removing the spoils from the site. In exchange for a 1 lowing the City to use the spoil s to widen the road on Bohns Point, applicant would excavate the west edge of the existing wetland to compensate for filling on the east side of wetlands. #1217 NAMES TAYLOR 1160 TONIKAWA ROAD VARIANCE RESOLUTION #2321 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2320 approving the amendment of the original conditional use permit application 01216 per staff recommendation. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay stating he was opposed to the original application and therefore opposed to this amendment to the original application. Motion carried. Applicant/Contractor James Taylor and owner Julie Fearon were present for this matter. City Administrator Bernhardson explained the request for a hardcover variance to construct a ground level deck. Staff felt that there was little or no extraneous hardcover on the property that could be concurrently removed. Councilmember Goetten asked about the difference between a screening wall and a fence. Assistant Zoning Administrator Gaffron explained that in this case the wall/fence is an extension of the house which meets the side setback and lakeshore setback and thereby allows them the proposed height of 7-1/2'. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 02321 approving the variance per staff recommendation. Motion, Ayes 5, Nays 0. E MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 112 36 O. LA LRY LEE 1050 GARDEN LANE (N 1/2 SECTION 7) SUBDIVISION SKETCH PLAN RRVIRW Mr. Krautkremer, who is assisting the developer in platting the property, was present fc,r this matter. Mr. Krautkremer explained the proposed plattinq of 33 acres into 1 acre lots which includes properties owned by O. Larry Lee (the applicant), Steven F. Valek, Ralph Winton Palmer, and Mrs. Karl Sollner; and possibly the Morgart property. Mr. Morgart was present for this matter. Planning Commission discussed the impact on drainage from the development of the property. Mabusth noted that staff will work with the applicant on designing a plan for through roads and storm sewer. Bellows felt the final plan would result in a loss of a few lots. Kelley and Hanson indicated they were generally in favor of developing this area. Kelley recommended that Mr. Krautkremer finalize the purchase of some of the property; have the owners of the other properties join in the application; disregard roads and submit 4 or 5 different plans for consideration. +�• #1216 CLAR,,� WINSI.OW '1595 DONN' S POINT ROAD AMENDMENT OF CONDITIONAL USE PERMIT INFORMATION ONLY APROVAL OF MINUTES This amendment of conditional use permit was presented to Planning Commission as inf nrmation only. Planning Commission made no comments regardinq this matter. It was moved by Taylor, seconded by Bellows, to approve the Minutes of the November 16, 1987 Plannnq Commission m,-etinq as submitted. Motion, Ayes 4, Nays 0. Kel ley abstained because he did not attend the November 16th meeting. PLANNING COMMISSION R"RESM"ATIVE Chairman Kelley was appointed to attend the January 11, 1988 Council meetinq. ADJOURNMENT 9: 3 0 P.M. The Planning Commission meetinq adjourned at 9:30 P.M. 10 ZONING FILB NO. 1216 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notices 12/22/87 --------------------------------------------------------------------------- TO: Clark Winslow COPIES TO: 1595 Bohns Point Road Wayzata, MN 55391 --------------------------------------------------------------------------- TTPE OF APPLICATION: XX Conditional Use Permit --------------------------------------------------------------------------- DATE OF N=TING: 12 / 14 / 8 7 VOTE: 4 For 1 Against COUNCIL ACTION - NOTION - To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires on,; year after date of approval. Permit application must be submitted no later than December 14, 1988. Conditional Use Approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. POPHAM, HAIK, SCHNOBRICH 6 KAUFMAN, LTD. 3300 PIPER JAEERAT TOWEp WAVNt O,POPHAM wAVMEONO A NAM ROGR IN SCNNOMRICN OCNV[0 KwU►MAN MOSERT A. MINIS. ROLFE A WOODEN G MARC WNITENtAD •R LICE O WILLIS ►w EotR ICK M RII: NARos O.ROMERT JOHNSON GARY R MACOMBER woSt RT S. SUNK MUON V. ►LUNKETT. "I PRt DERICM C.MROWN THOMAS K. MEMO JAMES R. Srt1LtN JAMES S. LOCKMAPIT ALLEN W. HINOERAKER CLI//ORD M.ORECNt O.WIL►IAV KAUFMAN MIC:MAEL O FREEMAN NOWARD SAM MYERS,III LARRY 0.[S•EL JANIE &.MAMMON MINNEAPOLIS. MINNESOTA 65402 ♦NOMAS J.SARwtTT TELE/•NON[ MARA S PtTEwSON JAMES A PAYNE slat -333 A0100 D PANOALL MOVER DAVID A. JONES ORIAN N JONNSON LEE E fNtEMV TELICOPIIP ViMOTM+ w AucK ALA IN IRECON 123101E 324 17.3 CAROL O SWANSON LESLIE GILLETT[ 1]S101M-2]• PTR MRIJCt A PETERSON MICNACL T. NIIAN JUL-[ A SWCIT1ER RCGSEwTN . I+N Ia110/2-SSA-3S0J TNOMASC MIELENNAVSEN TNOMAS M SI+•11-NS wATNLE[N A SLATS MOMENT C. MOILANEN MICMACL O. CNPISTENSON TNOMAS /.N[►SON OUITt 2.00 J 041CI+ACL. SC —WARTS TNOMAS J. RACTII-' 1t00 S[VENTLSNTH 07099, •.RATE M.OSSORNE DAVIO L I.^SNMALL O<NV(R. COLORADO 008O2 ?COD I,T.JOMNSON AATMLttN M MARTIN T[LEPHONE 302-002-,E00 JE P,RET P. CAIRNS JOHN C. LNILDS DOUGLAS P.SEATON TEL[CO•�[R ]02-002-,IS+ LOUIS P SMITN SRUCE M. LITTIE TMOMAS E. SAMN[R MARK F. PALMA RICNARD A. AAPLAN SuITE 300 SOUTH RUSSELL S. PONESSA DOUCE M. Me PNEETERS loco LT STRtET,.I.W, MRYAN L.CRAWITORO SCOTT t.RICNTER WASHINGTON. O. C. SOODO MATTHEW E. OAMON PAUL J. 41NMTROTH TELEPHONE 208-080-6300 JON" W PROVO SCOTT A. SMITH ♦[LCC011[R t02-0!•-5210 ELLEN SUE PARKER C L11AS9TM A. TMOMPSON Gp[GOLNT O BROOKER KEITH J. MALLELAND DIRECT DIAL NUMBER WILLIAM M OJILE,JR. 334-2549 March 16, 1988 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: TtRRANCE A. CC•.TELLO JOSEPN o.VAS-. Ow,AN W OMM STEVEN A 1:N9LESNIM ROSANNT SL EA-ANW16190 wnMc RT C C.STIE TNERES[ M.•+ANAEL JULIE ELEM! 46'WOLFC Dt MORA-. A OTSON i ACHARY M JONES Ot NSON . KN�rN[r KATNRI M WALKER GE0041 SOC NA SHAH[ R.'gi.LEr SUSAN M WtIS MARM ► TEN EYCK UIJANE R. NOEIACR If COUNSEL rRED L. MORR100w Enclosed and listed below are resolutions which have been filed in abstract property and returned. Name Document Doc. No. Date Filed Winslow, Clark Res. 2320 5376471 2/9/88 Hanson, Richard Res. 2344 5376472 2/9/88 If you have any questions please call either me or my secretary, Joyce Pedersen at 334-2736. NEH/j1p/322R Very truly yours, Nancy E. Husnik Legal Assistant