HomeMy WebLinkAboutLA21-000017 (480 Big Island) Ex I Public CommentFrom:Aleya Champlin
To:Melanie Curtis
Subject:Permit Request for 480 Big Island, Orono (LA21-000017)
Date:Sunday, March 7, 2021 11:16:21 PM
Attachments:Request for Consideration.pdf
Dear Ms. Curtis,
As a matter of introduction, my husband Jud and I are the owners of 210 Big Island. We have owned this
property since 2007 and are so grateful to the City of Orono for all the improvements made to Big Island
over the years, preserving its natural beauty and historical significance.
We received a notice from the City of Orono regarding the upcoming March 15 Planning Commission
meeting to discuss the above-referenced land use application permit request. We have read the permit
request document submitted by Joseph Thull, and are planning to attend the March 15 meeting. This
past weekend, we went out to Big Island to do a walk-through of the area described in the permit request
to get a better understanding of Mr. Thull's proposed plan prior to the Planning Commission meeting.
We are providing you with our comments regarding this permit request in the attached document. There
is a link to a video of our walk-through in the document, but in case that link does not work for some
reason, here it is again: https://photos.app.goo.gl/HPKLi4YpTbqvonbV9
Please do let us know if anything in the attached document is unclear or would benefit from additional
information.
Thank you so much for your time and consideration,
Aleya and Jud Champlin
2643 Thoroughbred Lane
210 Big Island
Orono, MN 55356
952-476-0258 (home)
612-419-0200 (Aleya's cell)
612-240-8100 (Jud's cell)
Comments on
480 Big Island
Dock Permit Request
480 Big Island Permit Request: Goal of Dock Permit is Construction
(Thull Permit Request, Page 22)
480 Big Island Permit Request: Proposed Dock Location
(Thull Permit Request, Page 19)
480 Big Island Permit Request: Use of Unimproved Right-of-Ways for Construction Goal
(Thull Permit Request, Page 15)
Public Right-of-Way and
Proposed Dock Area?
Proposed Dock Location Will Require Removal of
Established Shoreline Trees and Native Growth (Photo Taken on March 6, 2021)
Property marker
for 260 Big Island?
Path to be
Used for
Transporting
Construction
Materials and
Equipment?
Unimproved Right-of-Way Includes
Mature Trees and Native Growth
Providing Natural Habitat and
Big Island Rainwater Drainage Buffer Zone
for Lake Minnetonka
(Photo Taken on March 6, 2021)
Video Walkthrough Available Here:
https://photos.app.goo.gl/HPKLi4YpTbqvonbV9
Natural Habitat In Proposed Dock Location and Right-of-Way Use
The proposed dock location and the unimproved right-of-way are currently in a natural state, and the private property
areas directly adjacent to the right-of-way have been largely untouched by the property owners, allowing native trees,
shrubs, vegetation and wildlife to grow and thrive on the shoreline and along the right-of-way.
The City of Orono had informed property owners that the established native growth and resulting soil condition in the
unimproved right-of-way serve as a buffer to quell the drainage of rainwater from the higher elevations of Big Island
directly into Lake Minnetonka.
The southern perimeter of the “keyhole” adjacent to the proposed dock location has similarly been left untouched by
the property owner. The soil in the southern portion of the perimeter is saturated and supports vegetation adapted to
such growth conditions. The southern portion of the keyhole also supports wildlife including blue herons, ducks,
geese, turtles and beavers, often serving as a “safe harbor” for such wildlife, away from the watercraft traffic on Lake
Minnetonka.
A dock in this location would disrupt the native shoreline growth and habitat. Use of the unimproved right-of-way from
the proposed dock location to 480 Big Island for construction purposes would likely disrupt the native trees and other
growth which currently serve as a drainage buffer.
Comments Regarding the 480 Big Island Permit Request
The stated goal of the 480 Big Island Permit Request is for the construction of a shed, and
for planning for a larger residential structure on the 0.28 acre property.
Construction of any size will require equipment and materials to be brought onto the property,
from the Proposed Dock Location and along the unimproved right-of-way that are currently in
a natural state. It is highly likely that the natural trees, vegetation and habitat will be
disturbed and even destroyed in this process.
There is no provision in the Permit Request for storage of the dock during the winter season.
Transporting the dock from the shoreline to 480 Big Island to avoid encroachment is also likely
to cause damage to the unimproved right-of-way.
Reasonable alternatives are currently available to enable access to 480 Big Island, such as
those shown in the 480 Big Island Permit Request.
480 Big Island Permit Request: Numerous Alternatives
(Thull Permit Request, Page 12)
Reasonable Alternatives Not Addressed in Permit Request
●Use of existing permitted dock at one of the public access areas
●“Beach” boat at a public access site and use barge access site for
construction materials and equipment
●Join boating safety organization with docks located adjacent to Three Rivers
Park District property boundary
●Approach all property owners for easement or temporary dock usage
Sec. 78-567. - Permit for private improvements within public rights-of-way.
LINK TO SECTION
It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a
permit from the council, as follows:
(1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose.
The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect
other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the
configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same
location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access.
(2)Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as
part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work .
Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by
other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee.
(3)Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has
been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the
council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake
Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit.
(4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way,
within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section.
...
(Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018)
Orono, Minnesota Code of Ordinances
Lake Minnetonka Conservation District (LMCD) Code of Ordinances
Section 2.01. Authorized Dock Use Area
LINK TO LMCD CODE OF ORDINANCES
Subd. 2. Description of Authorized Dock Use Area. An authorized dock use area is described as follows:
a) Length - The authorized dock use area for sites bordering on the Lake extends into the Lake a distance equal to
the site Lake frontage to be measured at right angles to the side site lines...
b) Width - The authorized dock use area for sites bordering on the Lake is limited in width by the setback limitations
prescribed herein. The setback from side site lines as extended in the Lake shall be as follows:
Request for Consideration
As there are existing alternative access options to reach 480 Big Island, it is reasonable to
consider these alternatives instead of disturbing or destroying the native trees, vegetation,
habitat and drainage buffer along the shoreline and unimproved right-of-way that would result
from granting the 480 Big Island Permit Request.
The unimproved right-of-way identified in the 480 Big Island Permit Request includes areas that
may be deemed to be wetlands according to the Minnesota Department of Natural Resources
guidelines.
The LMCD side setback requirements for the Proposed Dock Location would involve the removal
of shoreline trees and vegetation from the unimproved right-of-way.
A complete land survey of the unimproved right-of-way, a shoreline classification review, and
conformity with the LMCD dock regulations should be required prior to determining the status of
the 480 Big Island Permit Request.
Thank you for
your time and
consideration
JuJud and Aleya Champlin
210 Big Island, Orono
From:Judson Champlin
To:Melanie Curtis
Cc:Aleya Champlin
Subject:480 Big Island Dock Permit
Date:Thursday, March 11, 2021 2:31:08 PM
Attachments:10_ft_Setback.pdf
480_Big_Island.pdf
Hello Melanie. I know this is coming in late, but I figured it might be of some help to you.
I tried to figure out my own way through all of the LMCD rules, and decided I better talk to an
expert. I ended up speaking with Mathew over at the LMCD about the proposed dock, and he
was able to rattle off enough of their rules to get my head spinning.
One thing he mentioned was that docks need a 10 foot setback from any adjoining lots. I
guess this setback actually extends beyond the shoreline and into the lake. At least this is how
I understood it!
Attached are a couple of sketches I made to try to show this. In the handmade one, I used a
ruler to determine where 10 foot setback is, and I calibrated my measurement based upon the
38.5 feet of shoreline stated in one of the slides in the application. I also tried to illustrate it by
overlaying a slide from the application itself, but that is just me eyeballing it. If you figure a
dock is maybe 3 feet wide, plus the width of any boat tied to it, the dock might have to be
pretty short to stay within the setbacks. I have no idea how accurate any of this is, so It might
be a good idea to get this all surveyed to figure where these boarders actually lie.
Mathew said he would be very happy to help out with any questions you all might have. From
my limited understanding, there are a number of relevant LMCD rules that might have an
impact here.
Hope that helps! Thank you again and take care. -Jud
--
Judson K. Champlin
Westman, Champlin and Koehler, P.A.
Suite 1100
121 South Eighth Street
Minneapolis, MN 55402
www.wck.com
612-334-3222
Intellectual Property Attorneys
WARNING: The information contained in this transmission may be privileged or
confidential. It is intended only for the above identified recipient. If you are not the
intended recipient, please forward this transmission to the author. Please delete this
transmission and all copies. Thank you.
10 Ft Setbacks
From:Jeff Hornig
To:Melanie Curtis
Cc:Olivia Hornig
Subject:Big Island Dock Permit
Date:Thursday, March 4, 2021 12:19:20 PM
Melanie,
Thank you for your time on the phone. First and foremost, my wife Olivia took the time to review the proposal vs a
knee jerk no response. We have decided that we are opposed to this dock permit as proposed. I have 3 thoughts for
the application.
1. Motivation. I am concerned that the motivation is purely financial gain which is not a reason to allow the
permit. Obviously a lot with lakeshore is worth 10x what a lot without it is worth. He has owned his lot for 12
years and hasn’t done anything to start a build process. Being in housing, the cabin he wants to build in the picture
he included I estimate to cost around $650-$750k with septic. I looked up his home in Chanhassen, worth about
$600k. I would be surprised if they built a cabin worth more than their primary residence in my experience. A
solution would be to tie the allowed dock permit to his building and septic permits. When he applies for those and
starts construction, his dock permit is approved at the same time. This creates tax revenue for the city and proves
his motivation is pure.
2. Options for Docks: He states that he has to boat over, anchor, swim to his lot. The power squadron is right next
door to his property and is very affordable. If he never joined the power squadron in the 12 years I question his
motivation, going back to his financial gain being his primary objective.
3. Land Locked Lots on Big Island: As we discussed, if you allow for this permit the other lots will quickly want
and expect the same thing. Perhaps this is the time to address the whole issue. If this is going to be approved, I
would propose that all the landlocked lots get a permit at the same time for that space and allow a dock for each of
them on that site.
Thank you for your time and effort on this issue.
Jeff Hornig | Owner. 450 Big Island.
Lakes Sotheby's International Realty
Jackson Hole Sotheby's International Realty
Sun Valley Sotheby's International Realty
t 952.230.3165
From:Paul Maravelas
To:Melanie Curtis
Subject:Joe Thull lake access request LA21-000017
Date:Monday, March 8, 2021 4:34:16 PM
Dear Ms. Curtis,
I am one of several landowners at 130 Big Island and a historian of the island. I wanted to
share my opinion regarding Joe Thull's lake access request (LA21-000017).
I don't think it is reasonable to ask the Thull family or the immediate neighbors to trek
overland to the northeast a considerable distance as is contemplated in the conditional use
permit application. It is difficult enough to bring materials and supplies to the island without
adding the additional complexity of having the lake access so far away. It would impart a
great convenience for the owners of 480, 490, and 500 (lots 12 through 15, Morse Island Park)
to have their docks and boats nearby as well, where they can be conveniently monitored.
I believe the city should condemn a part of the southerly portion of the Three Rivers Park land
in order to extend Anawan Avenue to the southwest through the Three Rivers land to the lake.
Anawan Avenue is a platted street which adjoins Mr. Thull's property on the southeast side. It
appears to me from maps that the distance from the current termination of Anawan Avenue to
the lake is about 50 feet. The extension of the street would not affect the park district's land
inordinately, as it lies on the extreme edge of the parcel and would not divide it.
The west end of Anawan Avenue is platted to be 33 feet wide, but the extension I propose
could probably be reduced in width if wanted.
Paul Maravelas
Mayer, Minnesota
612 581 8207
From:Tom Kolar
To:Jody Laughlin; Mlaughlin@mpnexlevel.com; Scheftel, Joni (MDH); Paul Maravelas; stevescheftel@gmail.com; John Uran; William Liljemark; Maggie Lunetta; kevin@powerplayretail.com; Steve Backes; Karen Backes; Tom Kolar; Sarah Kolar; Daniel O"Gara; Kris O"Gara; hilary.cheeley@gmail.com; mark.d.cheeley@ampf.com; Judson Champlin; aleya@champlins.us; Michael Dougherty; dsaari53@gmail.com; lsaari54@gmail.com;
saarico1@aol.com; bigislandcat@aol.com; gimprints.rp@gmail.com; gloria.fink@comcast.net; Pete Kopfmann; samantha.haldeman@gmail.com; Bill Yaeger; LaWayne; john.dean41949@gmail.com; Dwyer, Jim; jdeandwyer@gmail.com; rod.landers@gmail.com; Jennifer Landers; sandie.threepo@yahoo.com; mcgrawleslee@gmail.com; Douglas Ramsey; Jon Rausch; kellyrausch143@gmail.com; David Larson; Dawn Dahlberg; Lee
Bailey-Seiler; Liz Adams; Johndmcmahon@yahoo.com; libbymac48@gmail.com; jumpinjacks8@gmail.com; Greg OConnor; maureenolson@gmail.com; johnReimann18@gmail.com; Alice Reimann; Jeff Hornig; Olivia Hornig; chris@generalstoreofminnetonka.com; joethull@gmail.com; sjthull@gmail.com; tedhanna@qwestoffice.net; tadeg@comcast.net; terry.deggendorf@outlook.com
Cc:Melanie Curtis
Subject:Permit to use right of way for a dock
Date:Wednesday, March 3, 2021 8:38:57 AM
Attachments:480 Big Island Conditional Use Permit for Dock 2-16 .pdf
To: All East Side Big Island Residents
Melanie Curtis, Planner from the City of Orono has requested that I forward the attachednotices to you all so that you are aware that a permit to use an island right of way for a dock
has been applied for by Joe Thull of 480 Big Island. Some of you may have received these notices by mail from the City.
This issue rarely comes up on the island but it did happen last year on the West side with an ownerthat did not have lake access for a dock. This is the case with this permit request. I would like to point out that the the permit request is not for the two common access points located near 140 and 450 Big Island.
Please read the attached conditional use permit application and if you have any questions, comments or concerns,
please contact Melanie before March 8th directly at 952-249-4627 or mcurtis@ci.orono.mn.us
Regards,
Tom Kolar-personal
t-kolar@comcast.net612-859-5985180 Big Island