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HomeMy WebLinkAboutProject PacketJuly 23, 2004 Roger O'Shaughnessy 10562 Estate Drive Eden Prairie, MN 55347 RE: MCWD Permit Application No. 04-210, 1265 Brackets Point Road Dear Applicant: The comment period for the above mentioned permit application has concluded as of May 24, 2004. The Minnehaha Creek Watershed District has determined the above mentioned permit application to be complete therefore the application is approved with the following conditions: • Reimbursement of mailing costs in the amount of$14.08 • Reimbursement of Rule J fees in the amount of$162.30 Due to the size and complexity of certain projects, the Board, by Rule J, requires that site inspections be conducted. In these cases, the applicant is required to pay to the District, a fee equal to the actual costs of analysis of the project, field inspection, engineering services, legal services, and any subsequent monitoring of the work. These costs are referred to as Rule J fees. Once the above mentioned fees have been paid staff will issue the permit. You are reminded that work on the project cannot begin until the permit has been issued. This permit expires one year from the date of this letter. Iffmal municipal approval of the project results in changes to the project you must submit revised plans to the MCWD for review. Please call me at 952-471-0590 with any questions. Sincerely, Renae Clark District Technician C: Melanie Curtis, City of Orono Steven Streeter, Streeter Associates July 15, 2004 Melanie Curtis City Planner City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Roger O'Shaughnessy Your File No. 04 -3012 Dear Melanie: RECEIVED • JUL 1 6 · 00, ClTY OF ORONO Fredri/c son /-:· & BYRON, P.A . Enclosed please find two fully executed resolutions of the City Council (No. 5195) regarding Mr. O'Shaughnessy's property on Brackett 's Point Road. Thanks so much for all of your help during this process . It has been a pleasure working with you. Very truly yours, ~einwall Attorney at Law Direct Dial: 612.492.7171 Email: ssteinwall@fredlaw.com SDS:rlk Enc . cc : Roger O'Shaughnessy (w/o enc.) #2992307\1 Attorneys & Advisor/ 200 South S ixth Street main 612.492.7000 Suite 4000 fax 612 .492.7077 Minneapolis , Minnesota www.fredlaw .com 55402-1425 OFFICES : M inn eapolis, London AFFILIATES: Mexico City, Warsaw, Montreal, Toronto , Va ncou ve r I MINUTES OF THE ONO CITY COUNCIL MEETING Monday,June 14,2004 7:00 o'clock p.m. *10. #04-3006 AULIK COMP ANY ON BEHALF OF BARTHOLOMEW AND ELIZABETH BUTZER, 2625 NORTH SHORE DRIVE -VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION NO. 5193 Murphy moved, White seconded, to adopt RESOLUTION NO. 5193, a Resolution granting a conditional use permit to allow plumbing in an accessory building in accordance with Municipal Zoning Code Section 78-418(6) and a hardcover variance to permit 30% hardcover in the 75'-250' zone when 25% is normally allowed and 33% currently exists in accordance with Municipal Zoning Code Sections 78-282 and 78-1288 for the Aulik Company on behalf of Bartholomew and Elizabeth Butzer at 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. *11. #04-3008 STEVEN VALEK AND RALPH PALMER, 4720-4750 TONKA VIEW LANE - LOT LINE REARRANGEMENT-RESOLUTION NO. 5194 Murphy moved, White seconded, to adopt RESOLUTION NO. 5194, a Resolution granting preliminary subdivision approval for a three (3) lot residential re-plat where five (5) lots (four tax parcels) currently exist at 4720/4750 Tonkaview Lane for Steven Valek and Ralph Palmer. VOTE: Ayes 5, Nays 0. 12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 Curtis introduced Susan Steinwall, applicant's attorney, representing the applicant. Curtis explained the applicant is requesting the following variances and conditional use pennits: 1. A hardcover variance to allow 43 8 s.f. of hardcover within the 0-75' zone in order to constrnct a 4' wide boardwalk to the shore ending with a 177 s.f. landing in conjunction with a floodplain restoration and buffer project. 2. A lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75'ofthe OHWL extending to the northeast 56'3". 3. A conditional use pem1it and variance to allow grading, filling and retaining wall constrnction within the floodplain . 4. A conditional use permit in order to construct chimneys 40'8" in height where 30' is allowed and a 50% height increase is pennitted by conditional use pennit. Cmiis reported at its May 17, 2004 meeting, the Planning Commission voted 5-2 to recommend approval of conditional use pe1mit for the chimney heights and approval of the variance and conditional use pe1mit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. The Planning Commission recommended denial of the hardcover variance and variance to allow a fence within 7 5' of the lake. She reported the two dissenting Commissioners felt the proposed floodplain restoration was a valuable project and they wanted to support approval of some hardcover variance for the boardwalk within 75' of the 0HWL for the floodplain restoration project. Cmiis concuned with the Planning Commission 's recommendations, noting there were no hardships to support the hardcover or fence variances. Page 9 of22 MINUTES OF THE ORONO CITY COUNCIL ME ING Monday,June 14,2004 7:00 o'clock p.m. (12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 continued) Murphy questioned if the boardwalk is denied what will be the access to the lakeshore. Steinwall stated the landscape plan would need to be revisited if the boardwalk feature is denied. Options include use regular grass turf or some combination of vegetation. She stated her client does need some sort oflake access. Steinwall advised that her client, Mr. O'Shaughnessy, is very interested in the prairie restoration project on this prope1iy, and proposes to build the boardwalk with spacings to allow infiltration and at a height that would allow light for plantings to grow underneath the boardwalk. Steinwall distributed photographs to illustrate her client's concept for the prairie restoration project. Murphy mentioned that David Ralm, Plaiming Commissioner, has encouraged the City to look at the changes to the City's hardcover requirements. He asked if the boards are spaced far enough apart is it then still a hardcover issue. Murphy indicated that this proposed landscaping design is moving in a good direction and suppo1is this concept, and pointed out the MCWD is a proponent of wetland and shoreland buffers like this proposed prairie restoration. Murphy acknowledged there is no hardship but he personally supports the landscape and boardwalk concept. Murphy asked for infonnation about the existing boardwalks in use around Lake Mi1metonka. McMillan advised the LMCD allows boardwalks over cattails marshes to get to waters edge instead of allowing dredging as it did not hann the lakeshore vegetation and the MnDNR uses boardwalks in certain locations, too. McMillan indicated as a member of the LMCD she was a proponent oflakescaping, and sees this application as a privately funded lakescaping project that should be supported. She recognized that if the restoration project is installed and if in five years the boardwalk was proposed, it would be considered because the restoration would then be an environmentally sensitive area, i.e. a hardship would exist then. She reiterated that if the restoration area does as it is intended, then it would become a future hardship factor by making lake access difficult or undesirable through a sensitive vegetation enviromnent. McMillan stated the City should not be discouraging the applicant, but acknowledged the City Zoning Code currently does not accommodate such a restoration project. She urged the City to consider this a step in the right direction and stated she was strongly in favor of approving a hardcover variance for this applicant. White pointed out the application hasl % hardcover proposed within the 75' zone and 24.3% hardcover within the 75-250' zone, which does not require a variance, for a total of 25.3% on the whole property which is almost not a variance. Sansevere asked Gaffron for his opinion about the ramifications of approving the hardcover variance. Gaffron responded that if the City began to allow more open-spaced decks to allow infiltration and not be counted as hardcover, he believed this would open a 'Pandora's box' of issues. However, as Page 10 of 22 MINUTES OF THE ( )NO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 continued) long as the area is maintained as proposed restoration then a hardship condition would exist and continue to exist; in this case, allowing a boardwalk is similar to the steps/stairs permitted on lakeshore slopes, as it provides access to the lake under a hardship condition. He stressed the need for requiring a condition for approving the restoration project to be maintained pennanently. Mabusth interjected a summary of the Plam1ing Commission minority opinion. If the boardwalk was to be permitted, it should be limited to a 4' width and to a height no greater than 30" in order to avoid the Building Code requirement for a railing. Also, there was no landing approved. These conditions would minimize the structure's visual impact. Curtis advised the proposed landing is 177 s.f. or about 1 0' x 17'. McMillan and White expressed their opinion that some sort of landing at the end of a boardwalk would be needed for practical purposes. Gaffron pointed out the dock extends beyond the proposed landing. Murphy withdrew his comments suppmiing wide spacing upon hearing Gaffron's reservations and potential issues. McMillan added that she supports the need to control hardcover and structures in the 0-75' zone to minimize hardcover impacts. White noted the Three Rivers Parks District successfully manages and utilizes boardwalks over metro area wetlands because boardwalks are not as invasive and allow people to get out to see the natural settings. Sansevere asked if there is no other access to the lake other than the proposed boardwalk. Stein wall explained there is grass turf there now but the applicant is very interested in the prairie restoration project and planting native :floodplain shrubs and grasses. Murphy asked for a description of the proposed mesh fence material. Steinwall replied the fencing will be placed within the shrubs and stated the existing road curve and the need to be parallel to the roadway for security purposes cause the hardship. Cmiis confim1ed the fence is not proposed to be chainlink. Murphy questioned the reasons for denying the fence for the short distance when the fence within shrubbery is visually discreet. Gaffron pointed out the only hardship may be for security from the public road so close to a private lake access. Also, a proposed fence should not block others' lakeshore views. White indicated that he does not suppmi lakeshore fences but this site may warrant a fence variance, though he recommended the conditions be very specific, if approved. Sansevere questioned why the applicant does not want to have turf rather than a boardwalk to the lake that could be wider than 4'. Steinwall explained the applicant wants to have the look achieved by the :floodplain restoration as an aesthetic and environmental positive to Lake Minnetonka. She added Mr. O'Shaughnessy would be a more eloquent proponent of his restoration project than she. Steinwall indicated that turf would be a fallback choice. Page 11 of 22 MINUTES OF THE ORONO CITY COUNCIL ME. NG Monday,June 14,2004 7:00 o'clock p.m. (12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 continued) Sansevere asked for Gaffron's opinion regarding the potential hardship created by the proposed floodplain restoration project. Gaffron stated the proposed floodplain restoration project creates a hardship as along as there is a condition that the boardwalk remains only as long as the restoration project exists; this would address a future situation when it may be decided to mow the area and conve1i it to turf. McMillan explained the floodplain restoration projects are desirable especially in low, wet areas that otherwise would be attempted to be filled, and also, the projects promote diversified wildlife habitat versus a mono-culture lawn. Curtis rep01ied the applicant's landscape architects are proposing the boardwalk be constructed within the plantings to be less visible from the lakeside and it could be more serpentine to minimize visual impacts. She added she thought a mowed path would be more visually apparent. Sansevere asked planning staff if they were now suppo1iive of the proposed boardwalk/hardship variance and if staff raised their issues to the Planning Commission. Gaffron replied that initially staff did not find any hardship to justify the variance; however, McMillan's concept of the floodplain restoration project creating the hardship appears to be persuasive as a reasonable hardship. Mabusth explained the Plmming Commission as a whole was not opposed to the proposed floodplain restoration project but discussed when to allow such a variance and their decision is based only on existing conditions. They encouraged the applicant to install the project and return at a later date to apply for a boardwalk through an established, existing condition. Mabusth expressed her suppo1i for allowing the boardwalk with the floodplain restoration project to allow the property owner to access the lakeshore. Sansevere initiated discussion of whether approving the hardship variance would be seen as 'creating a hm·dship.' Curtis agreed it might be a potential pitfall that could be favorable ifthere are more vegetative buffers created on the lakeshore. She recommended there be very detailed findings for this variance request if granted so it would not become an overall problem of others claiming to create a hardship. White interjected that granting this variance may become an incentive for other property owners to undertake what is an expensive restoration eff01i. McMillan commented that the planned vegetative restoration might actually prevent outside storage in the floodplain that is seen with turfed shorelines. Sansevere requested information about the timing of the boardwalk construction. It was explained that the planted vegetation takes several years to become established; Gaffron referred to the MnDNR landing at Maxwell Bay and that the first 2-3 years it looked similar to a lawn but eventually it becomes mature. Sansevere suggested that conditions of approval be detem1ined to have the Page 12 of22 MINUTES OF THE JRONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. (12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 continued) plantings done before the boardwalk is installed. Steinwall advised that the plantings would be done immediately before the boardwalk is built. Moorse initiated discussion of the proposed mesh fence in the 0-75' zone. He advised that there have been prior requests for fence variances due to secmity reasons in the 0-75' zone and there may be many property owners who would be interested in a security fence in the 0-7 5' zone. Moorse indicated security purposes are not a hardship. Steinwall emphasized the applicant is interested in the fencing nnming parallel to the road and the curve of the road itself runs into the 0-7 5' zone. The applicant does not propose to run the fence perpendicular to the lake. Curtis and Gaffron explained the proposed fence includes a 50' distance into the 0-75' zone as it follows the road and there would be a gap of no fence from its end at the road to the lake. Curtis added that there is an existing fence there now along the road. Moorse summarized the applicant's position as that there is a road in the 0- 75' zone and the applicant intends to run a new, imbedded fence only along the road to the property line. McMillan questioned the secmity reasoning for the fence, acknowledging that the entire property boundary is not proposed to be fenced due to the gap at the lakeshore. Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a hardcover variance to allow 438 s.f. of hardcover within the 0-75' zone in order to construct a 4' boardwalk to the shore ending with a 177 s.f. landing for Roger D. O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Mayor Peterson opposed. White moved, Sansevere seconded, to deny a lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75' of the OHWL extending to the northeast 56'3" for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Council Member Murphy opposed. Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 5, Nays 0. White moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit in order to construct chimneys 40'8" in height where 30' is allowed and a 50% height increase is permitted by conditional use permit for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: VOTE: Ayes 5, Nays 0. Sansevere asked what is the record highest chimney in Orono. Gaffron described pitched-roof houses with 38' peaks. He explained the proposed chimneys are an architectural feature. Page 13 of22 MINUTES OF THE ORONO CITY COUNCIL MEE1 _ Monday, June 14, 2004 7:00 o'clock p.m. .... J *13. #04-3014 TIMOTHY POWERS, 3210 NAVARRE LANE -VARIANCE - RESOLUTION NO. 5196 Murphy moved, White seconded, to adopt RESOLUTION NO. 5196, a Resolution granting a rear yard setback variance to allow a rear yard setback of 24.5 feet when 30 feet is normally required and 24.5 feet currently exists ( existing shed will be removed) in accordance with Municipal Zoning Code Section 78-350 (B) in order to construct a second story above the existing first story, and add two garage stalls for Timothy Powers on behalf of Campo Bellow Partners at 3210 Navarre Lane. VOTE: Ayes 5, Nays 0. *14. #04-3015 ROBERT LUND ON BEHALF OF WILLIAM AND BONNIBEL BYERS, 1389 ORONO LANE -VARIANCE -RESOLUTION NO. 5197 Murphy moved, White seconded, to adopt RESOLUTION NO. 5197, a Resolution granting a conditional use permit per Municipal Zoning Code Sections 78-966 and 78-1250 in order to perform grading and filling within 75' of the OHWL of Lake Minnetonka and variances to Municipal Zoning Code Sections 78-282, 78-305 Subd. B, 78-966, 78-1286, 78-1279 Subd. 6 and 78-1288 to allow a side yard setback of 26.4' where 30' is required, an average lakeshore setback variance in order to reorient the roofline, add a balcony where a pitched roof currently exists and to add a 'witch's hat' feature within the average lakeshore setback at 1389 Orono Lane for Robert Lund on behalf of William and Bonnibel Byars. VOTE: Ayes 5, Nays 0. 15. #04-3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH-PRD SUBDIVISION -PRELIMINARY PLAT Gaffron presented the proposed PRD Subdivision with 14 acres dry buildable and 6 acres in wetland with Long Lake Creek meandering thrnugh the property. He illustrated the subject property's site location, noting its proximity to Kallestad Acres and the 40' corridor owned by the Dunn's that provides access to the subject property as well as another 10' of easement on the edge of Lot 1 of Kallestad Acres. After reviewing several possible layouts in Sketch Plan review, the Planning Commission concluded that this site lends itself to clustering of lots as opposed to lots spread out over all the dry buildable areas. The PRD proposes a 7-lot residential plat with an overall density of 2.0 acres, with some lots smaller than 1 acre, clustered around the cul-de-sac. The existing house is proposed to remain. Setbacks proposed would meet the Zoning Code 1-acre setback requirements. Due to the Long Lake Creek course, Gaffron noted that the shoreland setbacks would apply, as well as wetlands. The OHWL affects only two proposed lots. The steep slopes are not detem1ined to be bluff areas. Gaffron advised that revised grading plans were received last week; said documents were provided to the City Council. Referencing the May 21, 2004 Planning Commission recommendation for areas to be preserved via conservation easement or similar open space dedications covering multiple individual properties rather than within one or more platted outlots, Gaffron strongly recommended that the open space be preserved as an outlot. He explained staffs rationale (included in the staff report), including: Page 14 of22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o 'clock p.m. (10. #04-3009 JAMES AND DARCY LOFFLER, Continued) Rahn summarized the Planning Commission was seeking a 15% lot coverage by structure, minimization of all hardcover to the recommended standards of 3' sidewalk, 8 'driveway, 8 'x8' turnaround or whatever is stipulated in the code for a turnaround on a county roadway. Chair Mabusth asked for the standards to be provided to the applicant. Chair Mabusth asked for other comments. A public member, Henry Lazniarz, proposed consideration of allowing a driveway with two hard surface tire tracks to greatly minimize hardcover. Gaffron responded this option has maintenance problems as does driveway pavers and that property owners become unhappy with them and pave them over, resulting in full coverage anyway. Therefore, the City's hardcover ordinance does not permit the option of strips or pavers. Leslie interjected that the strips can be installed but will result in no reduction in the hardcover percentage . Chair Mabusth asked for further public comments. There were none. Chair Mabusth asked the applicants if they have received enough guidance to revise the proposal. Gaffron summarized that based on the surveyor's measurements received at the meeting, the lot coverage by structure is 2508 s.f. and the direction is to minimize sidewalks and driveways but is not able to determine the hardcover percentage at this time . Gaffron indicated the application could be returned to the Planning Commission on June 21, 2004, and with a Planning Commission recommendation, the matter could likely be scheduled for the June 28, 2004 City Council meeting. Bremer suggested the applicants should make the structure even smaller to reduce lot coverage to less than 15% to make an impact on the hardcover percentage . Fritzler moved, Bremer seconded, to table Application #04-3009, James and Darcy Loffler, 1690 Shadywood Road, requesting a hardcover variance to construct a new residence on the property, and other variances for lot area and lot coverage by structure. VOTE: Ayes 7, Nay 0. Chair Mabusth recessed the Planning Commission at 8:32 p.m. for a short break and reconvened at 8:44 p.m. 11 . #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETT'S POINT ROAD, VARIANCES AND CONDITIONAL USE PERMIT, PUBLIC BEARING (8:44-9:37 p.m.) Curtis explained the applicant's request for three variances and two conditional use permits in order to construct a boardwalk to the shore ending in a landing, to construct a wire mesh fence along Brackett's Point Road, to grade, fill and construct a retaining wall in the floodplain and to construct chimneys 40'8" where 30' is allowed. She noted there was change in boardwalk width from 6 ' to 4' boardwalk width, which will result in a reduction in the hardcover percentages from 550' to 438 s.f. yet to be confirmed. Curtis advised that the city received two letters from neighbors that are requested to be read into the record. She pointed out the Issues for Consideration outlined in the Staff Report, dated May 3, 2004. Curtis concluded by recommending the following: 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for 438 s.f. of hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. Page 23 of 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (11. #04-3012 ROGERD. O'SHAUGHNESSY, Continued) Chair Mabusth questioned if the applicant received copies of the two neighbors' letters and Curtis confirmed the letters were provided to the applicant. Chair Mabusth read into the record the following two letters: a. Joann Jundt, Southways, 1400 Brackett's Point Road, dated May 17, 2004 b. James & Beverly Nyce, 1280 Brackett's Point, dated May 14, 2004 Roger O'Shaughnessy, 1265 Brackett's Point Road, advised he spoke with Joann Jundt on May 17, 2004 and told her that his engineer is confident the stormwater runoff patterns will not change, though may change temporarily during construction and that the design is intended to allow the same amount of flow as currently. He asked the City Engineer to confirm their storm water calculations. Cmiis indicated the City Engineer has seen the plans but his comments have not yet been returned. Chair Mabusth asked if this application would be reviewed by the MCWD and Curtis indicated that it is under MCWD review. Mr. O'Shaughnessy acknowledged that the neighbors' letters, as well as comments he received from Pillsbury's, about the traffic at the driveway entrance. He described the heavily overgrown hedge that currently encroaches onto Brackett's Point Road. He explained their landscape plans will have plantings about 7-10' back from the road and can taper the planned vegetation to create a good view from driveway entrance for improved safety. He assured the Planning Commission he did not want to construct anything that was not safe and will rely on his landscape architect and the engineers to create a safe design. Chair Mabusth indicated the Public Services Director as part of the public roadway would review the new driveway access. Mr. O'Shaughnessy commented on the boardwalk idea and his interest in restoring his lakefront to a more natural environment with tall grasses and other features, including an elevated boardwalk allowing plantings underneath the boardwalk so as not to be wading through the tall grasses when walking through it. After reading Curtis' staff report, he asked his landscape architect to consider more mitigating features, including some spacing between decking boards and less width to reduce the size, and pulling the landing back from the shoreline to allow some plantings to improve viewability from the lake. He acknowledged he understands the concept of the boardwalk runs contrary to code and does not claim a hardship due to the flat elevation of his lot, but expressed his excitement to restore the lakefront to natural vegetation as a lake stewardship project rather than to mow the lawn to the lakefront. Mr. O'Shaughnessy explained the purpose of the fence on the road is not to close off the property but mainly to provide an option to have a dog to help control the large flocks of geese on the property. He pointed out the proposed mesh fence location intended to be buried instead the vegetation. Mr. O'Shaughnessy asked the Planning Commission to consider the boardwalk not as hardcover but as an environmental design feature compatible with the City's ultimate goal to have a community not developed fully at the lakefront. Chair Mabusth asked for information about the proposed water treatment beds. Mr. O'Shaughnessy explained the tall grasses tend to treat the surface water as it flows to the lake and dramatically drops organic material levels into the lake, and, that the tall grasses do not require herbicides or fertilizers so are environmentally friendly. Chair Mabusth asked for public comments. There were none. Leslie asked for information about the proposed guesthouse and requirements for a conditional use permit. Page 24 of 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (11. #04-3012 ROGER D. O'SHAUGHNESSY, Continued) Mr. O'Shaughnessy explained they eliminated a detached guesthouse and now are proposing an attached guest accommodations with no kitchen in it. It is only bedrooms with a family/living room area and a cabinet for a coffee pot or whatever, and not intended to be a kitchen. Chair Mabusth stated she did not think the guest rooms meet the City's criteria for requiring a conditional use permit. Gaffron concmTed, as long as there is no kitchen and it is attached to the main residence. Jurgens referred to the Jundt letter and its concerns about too much drainage and asked for information about the potential flooding area. Mr. O' Shaughnessy stated that when he spoke with Ms. Jundt she expressed concern for too little drainage. Curtis explained Ms. Jundt is concerned about walls or benns blocking surface drainage. Jurgens asked the applicant to explain the proposed tile collection system. Mr. O'Shaughnessy pointed out the low point on Brackett's Point Road, at about 931.5' or 931.8', noting the lakefront elevation is 931.0' resulting in very little slope. He explained the drain tile would assist in moving water into the permeable soils. There is a break in the berm at a point where the water comes across the road normally. He stated they will not be accelerating the water at all and the addition of walls and the little berms will not change the water flow. Mr. O'Shaughnessy advised that he sent copies of his plans to the names on the Property Owners List attached to his application. Chair Mabusth indicated the City Engineer and the MCWD would review the applicant's storm water management plans. Bremer initiated discussion on the safety issue raised in Ms. Jundt's letter and asked the applicant ifhe had this reviewed by his consultants. Mr. O'Shaughnessy stated he had not had a traffic engineer look at it, though his architect and landscape architect believe the plans will provide good visibility at the driveway entrance. He offered to move the driveway if a more safe location is determined, though he would prefer to keep the driveway off the eastern edge to maintain privacy. Kempt commented about the traffic created by sightseers traveling on Brackett's Point Road although they travel slowly, about 5 mph. He also pointed out that the tree trimmers recently had flattened the silt fencing on the subject property and this needs to be attended to. Mr. O'Shaughnessy stated he contracted with the firm who removed the former house to maintain the silt fencing. Chair Mabusth asked for a description of the proposed mesh fencing material. Mr. O'Shaughnessy commented that he did not really like the mesh-style fencing anyway and, if the fence were approved, he would prefer to a more open and accessible style fence. The primary intent of the fence is for a dog and for privacy and safety. Chair Mabusth stated her support for the prairie restoration along the lakefront. Jurgens asked about the purpose of the 40'8" tall chimneys. Mr. O'Shaughnessy explained the chimneys are for fireplaces but his request to the architect for a 'collection of cottages on the shore' was the basis for the house's contemporary design. Page 25 of 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (11. #04-3012 ROGER D. O'SHAUGHNESSY, Continued) Chair Mabusth opened discussion of the four parts of the application: 1. Conditional use permit request to construct chimneys 40' 8" in height where 3 0' is allowed. Fritzler commented that the height requirement should be conformed to. Kempf pointed out the building design is low and very respectful of the neighbors' views. 2. Conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain. 3. Hardcover variance for 438 s.f. of hardcover within the 0-75' setback zone. Chair Mabusth asked how long it would take to complete the planned restoration. Mr. O'Shaughnessy replied that it took about three (3) years to be established in his previous experience in Menominee, WI. Chair Mabusth asked the elevation of the proposed boardwalk. Mr. 0' Shaughnessy explained the average elevation is about 2.5' and will be 4' wide with spacing to allow light and precipitation to get through to the under plantings, acting more like a natural landscape than a hardcover feature. Rahn pointed out that if the boardwalk is joined to the house and is not considered landscaping and is over 30" it will require railings according the MN Building Code. It was suggested the boardwalk could be stepped- down right at the house before it reaches the 0-75' setback and could follow the property's contours. Bremer stated she liked the idea of the boardwalk but could not support it, referring to prior applications for walkways to the lakefront, unless it can be shown the reduced width at 4' and there actually will be growth underneath it. Gaffron asked the applicant if the nature of the 0-7 5' zone such that it cannot be walked on due to soils and moisture. Chair Mabusth advised that boardwalks were pennitted if the property owners could not get access to the lake. Rahn indicated that an area with tall grass is not a hardship in the way that prior applications were allowed due to wet soils. He stated he did not support a landing or decking at the lakeshore, as this would be inconsistent with prior decisions. Mr. 0' Shaughnessy responded that he did not know if it was needed for access over wet soils, but it may be more an architectural feature for access through the tall grasses and to avoid ticks in the grasses. Gaffron indicated that the restoration area may be a Type I wetland. He acknowledged that current Code does not provide any incentives for this kind of proposed restoration and that the Planning Commission should consider discussing the issue of granting some incentives to encourage such lakeshore restorations and natural, unfertilized buffers at a future date. Mr. O'Shaughnessy added that the boardwalk and landing would also have been convenient for his two handicapped employees. Ms. Susan Steinwall encouraged the Planning Commission to consider their proposal for a non-impervious surface as meeting the Code's intent to eliminate hardcover in the 0-7 5' zone and the gain is tremendous when restoring lakeshore. She commented that the watershed districts and many cities support natural restorations and buffers along the lakeshore. Page 26 of 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (11. #04-3012 ROGER D. O'SHAUGHNESSY, Continued) Chair Mabusth responded that the Planning Commission appreciates her position and should be discussing the issue and encouraging lakeshore buffer zones, but currently the Code looks at a boardwalk as hardcover and takes into consideration its hardcover calculations. Jurgens indicated he would support a boardwalk feature with a condition that the natural buffer be maintained into the future. Rahn asked the applicants if they considered using a mowed, meandering path instead of a raised boardwalk. Mr. O'Shaughnessy replied the reason to raise the boardwalk was to allow for vegetative plantings underneath it in order to minimize hardcover. Ms. Susan Steinwall explained that a mowed path would require a different type of grass than the proposed natural prairie grass. Rahn indicated it is difficult to find the hardship to allow the boardwalk. Kempf stated his support for the architectural, ecological and aesthetic factors of the proposed restoration area. He would be in favor of the boardwalk with a condition it be maintained into the future, but was not in favor of the landing. He also noted the general supportive comments from the Planning Commission for the lakeshore restoration and buffer features. Ms. Steinwall agreed to accept a proposed condition to maintain the restored area into the future. 4. Variance to allow a fence within 75' of the lake. It was a consensus to accept staffs recommendation on this variance. Mr. O'Shaughnessy indicated granting of the fence variance was not that significant to the project. Leslie moved, Bremer seconded, to recommend the following actions for Application #04-3012, Roger O'Shaughnessy, 1265 Brackett's Point Road: 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for 438 s.f. of hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. VOTE: Ayes 5, Nays 2. Chair Mabusth stated she wanted to see the City support property owners in the restoration of lakeshore similar to the O'Shaughnessy's proposal. She urged the Planning Commission to take up this issue for discussion. Chair Mabusth remarked her approval of the boardwalk would be conditioned on it meeting the less than 30" height, 4' wide with no landing and only through the portion through the restored prairie area, and would also deny the fence variance in the 0-75' setback zone. Leslie advised the applicant to consider returning to seek approval on the hardcover variance in the future. Chair Mabusth and Kempf explained they concurred with all staff recommendations except for the hardcover variance/boardwalk, which they would have approved with the conditions Chair Mabusth summarized above. Page 27 of 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. 12. #04-3014 TIMOTHY POWERS, 3210 NAVARRE LANE, VARIANCE, PUBLIC HEARING (9:37-9:55 p.m.) Lynn Powers, 3210 Navarre Lane, applicant, was present. Gaffron presented the application for a 24.5' rear yard setback variance when 30' is normally required and 24.5' currently exists in order to construct a second story above the existing first story residence, and to add two garage stalls. The application is for a remodeling of the existing structure and not a rebuild, and submitted an opinion that the existing foundation will support the 2nd story addition. The existing garage is 24.5' from the rear lot line, and is proposed to be expanded eastward at that same setback. Gaffron advised the applicant proposed to remove the existing shed in an effort to decrease the non-conforming rear yard. He pointed out the adjacent lot to the north is the neighbor most affected by the non-conforming rear yard setback, however, the applicant's rear yard is acting as that neighbor's side year, where a 10' setback would normally be required. Gaffron indicated staff recommends approval of the rear yard setback as submitted, including the removal of the existing shed. He advised there were no hardcover issues to be addressed. Gaffron noted that if in the future the applicant wants to install the circular driveway it would require the Public Services Director review and approval. Lynn Powers, applicant, explained the architectural plans do show a more formal entry with a circular driveway but that is not being requested at this time. Chair Mabusth advised that three curb cuts on a smaller property might be difficult to acquire pennits. Ms. Powers replied that if the circular driveway becomes impossible than perhaps a walkway could be considered. Ms. Powers confirmed they were advised the existing foundation can support a second story addition as it has good footings. Chair Mabusth invited the public to comment. Julie Copeland, 2180 Kenwood Way, stated she is the neighbor to the rear of the subject property. She indicated she is about 60' from the house and privacy is her primary concern. With a second story addition, she explained she would be more exposed, and noted that her side yard is where she plays with her dogs. Ms. Copeland asked for information about whether there will be a fence, what type of vegetation will be used, what type of rooms will be on the second story and that the property is being improved for investment purposes, but that she plans to remain. Ms. Powers confirmed that it is an investment property. She explained they intend to put up a nicer fence than what is there currently and will try to accommodate any issues of privacy. The second story main view will be to the front not to the rear yard. Ms. Powers stated the second story would have a master bedroom with bath, a walk-in closet, another bath and a smaller bedroom. The part of the house facing Ms. Copeland's property will have smaller windows, about 24-30" in size. She also stated the existing shed and deck will be removed. Chair Mabusth asked for further public comments. There were none. Fritzler moved, Leslie seconded, to recommend approval of Application #04-3014, Timothy and Lynn Powers, 3210 Navarre Lane, granting a rear yard setback variance to allow a rear yard setback of 24.5' when 30' is normally required and 24.5' currently exists in order to construct a second story above the existing first story, and to add two garage stalls, and to recommend approval of the plans as submitted, including the removal of the existing shed. Page 28 of 40 ZONING FILE 04-3012 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 15, 2004 TO: Roger D. O'Shaughnessy 10562 Estate Dr Eden Prairie, MN 55347 COPIES: Susan Steinwall Fredrikson & Byron PA 200 South Sixth St Suite 400 Minneapolis, MN 55402-1425 TYPE OF APPLICATION: Variances and Conditional Use Permits DATE OF MEETING: June 14, 2004 VOTE: 1. Hardcover variance within the 0-75' Approval setback zone for 438 s.f. (0.09%) hardcover for a boardwalk and landing. 2. Lake setback variance m order to Denial construct a fence within 7 5' of the OHWL of Lake Minnetonka. 3. Variance and CUP for grading and filling Approval within the floodplain. 4. A CUP for chimney heights up to 40' 8". Approval FOR 4 4 5 5 AGAINST 1 1 0 0 A revised resolution reflecting the Council decisions will be presented to the Council for approval and signatures on June 28th, 2004. Please arrange to sign the 3 original resolution copies at the City Offices after June 28th : Monday -Thursday 7:30 am -5:00 pm, or Fridays 7:30 am-11:30 am. 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 one year after date of approval. A building permit must be obtained no later than June 14, 2005. 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 Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. Date Application Received: 04-21-04 Date Application Considered as Complete: 04-28-04 60-Day Review Period Expires: 06-28-04 REQUEST FOR COUNCIL ACTION Date: June 1, 2004 Item No Department Approval: Name: Melanie Curtis ~ Title: City Planner Item Description: Administrator Approval: Agenda Section: Zoning #04-3012-Roger D. O'Shaughnessy, 1265 Brackett's Point Rd-CUP & Variances -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: LR-lA, Single Family Lakeshore Residential, 2-acre minimum 144,491 s.f. (3.3 acres) 650'+ (measured at a line parallel to the shore) A -Resolution per Planning Commission Recommendation B-PC Action Notice dated May 19, 2004 C -PC Memo & Exhibits of May 11, 2004 Application Summary: The applicant is requesting the following: 1. A hardcover variance to allow 438 s.f. of hardcover within the 0-75' zone in order to construct a 4' wide boardwalk to the shore ending with a 177 s.f. landing. 2. A lake setback variance in order to construct a wire mesh fence along Brackett' s Point Road within 75' of the OHWL extending to the northeast 56' 3". 3. A conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain. 4. A conditional use permit in order to construct chimneys 40' 8" in height where 30' is allowed and a 50% height increase is permitted by conditional use permit. Planning Commission Recommendation On May 17, 2004, Planning Commission voted 5-2 to recommend the following: 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. The two dissenting Commissioners felt that the proposed floodplain restoration was a valuable project however; they wanted to support approval of the hardcover variance for the boardwalk within 75' of the OHWL for the floodplain restoration project. Staff Recommendation Approval per the attached Resolution. Council Action Requested Adopt or amend the attached resolution. r:-xtt U3 rT 13 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Roger D. O'Shaughnessy 10562 Estate Drive Eden Prairie, MN 55347 ZONING FILE 04-3012 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 19, 2004 COPIES: Susan Steinwall Fredj/irkson & Byron PA 200 South Sixth St Suite 400 Minneapolis, MN 55402-1425 TYPE OF REQUEST: Conditional Use Permits and Variances DATE OF MEETING: May 17, 2004 Planning Commission recommended the following: 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. VOTE: 5 FOR 2 AGAINST Dissenting Commissioners felt that the proposed floodplain restoration was a valuable project however, they wanted to approve the hardcover variance for the boardwalk within 75' of the OHWL for the floodplain restoration project, but could not find hardship justification for the variance. Applicant's next scheduled meeting is confirmed as: City Council-Monday, June 14, 2004; Meeting starts at 7:00 pm 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. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER MUNICIPAL ZONING CODE SECTIONS 78-1114 SUBDIVISION 2, 78-1117 AND 78-1366 AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1112 AND; DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-282 AND 78-1288 FILE NO. 04-3012 WHEREAS, Roger D. O'Shaughnessy, a single person (hereinafter "the applicant") is the owner of the property located at 1265 Brackett's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Attached as Exhibit A (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1114 Subdivision 2 and a variance per Orono Municipal Zoning Code Section 78-1112 to allow grading and filling within the flood fringe; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1366 to allow chimney heights in excess of 30'; and WHEREAS, the applicant has made application to the City of Orono for a variance per Orono Municipal Zoning Code Sections 78-282 and 78-1288 to allow hardcover within the 0-7 5' setback from the OHWL; and WHEREAS, the applicant has made application to the City of Orono for a variance per Orono Municipal Zoning Code Section 78-1279 Subdivision B to allow a fence within the lake yard; and NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 FINDINGS 1. This application was reviewed as Zoning File #04-3012. 2. The property is located in the LR-IA, Single Family Lakeshore Residential District, which requires a minimum lot area of 2 acres and minimum lot width of200'. The area of the property is 3.3 acres (144,491 s.f.) and defined lot width is 650'+. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of conditional use permits and a variance for chimney heights in excess of 30'; grading, fill and a retaining wall located within the flood fringe based on the following findings: a. The applicant will conduct grading and filling below 931.5 MSL within the flood fringe, consisting of construction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. b. The applicant will comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain filling and mitigation. c. The applicant will comply with Municipal Zoning Code Section 78- 1117, standards for floodway and flood fringe conditional uses. d. The chimneys at a height of 40' 8" will have no negative visual impacts within the neighborhood and as an architectural feature will not be out of character within the neighborhood. 4. The Planning Commission reviewed the application at a public hearing held on May 17, 2004 and recommended denial of the request for a hardcover variance within 75' of the OHWL and denial of the fence request within 75' of the OHWL based on the following findings: a. The applicant's request for a hardcover variance within the 0-75' setback for construction f a wooden boardwalk and deck all on level ground should be denied as there is no hardship to support the vanance. Page 2 of 6 b. The applicant's request for a lake setback variance for a fence within 75' of the OHWL should be denied as there is no hardship to support the variance. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Orono Municipal Zoning Code Sections 78-282, 78-1279 Subdivision B, and 78-1288 for a fence, wooden boardwalk and deck within 75' of the OHWL of Lake Minnetonka, and hereby grants a variance to Orono Municipal Zoning Code Sections 78-1112, to allow grading and filling below 931.5' MSL, and a conditional use permit per 78-1114 Subdivision 2 for grading and filling below 931.5' MSL and a conditional use permit per Municipal Zoning Ordinance per 78-1366 for the construction of chimneys up to 40'8" in height, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above 0%. Hardcover in the 75- 250' zone shall be limited to 23,855 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any future requests to increase hardcover or change the nature of Page 3 of 6 existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The applicant shall conduct grading and filling below 931.5 MSL within the flood fringe, consisting of construction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. 4. The applicant shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain filling and mitigation. 5. The applicant shall comply with Municipal Zoning Code Section 78-1117, standards for floodway and flood fringe conditional uses. 6. The chimney heights shall not exceed 40' 8" in height. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 24, 2005). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 24th day of June, 2004. Page 4 of 6 ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 14th day of June, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _ day of , 2004 ----- by Roger D. O'Shaughnessy, a single person. Notary Public Page 6 of 6 GXHI ~ITA LEGAL DESCRIPTION OF PREMISES : (from City of Orono records) A tract of land comprised of part of Lot 10 and part of the accretions of Lots 9 and 10 al I in Rearrangement of Orono Point, which land is particularly described as beginning at a po i n t on t h e No r t h I i n e o f Gov e r nme n t Lo t 3 , Sec t i on 1 1 , Township 117, Range 23, distant 431.8 feet East of the West Quarter corner of said Section 11; thence East along said North line to its intersection with the extension of the westerly I ine of Lot 3 in Rearrangement of Orono Point; thence southeasterly along the extension of the westerly line of said Lot 3 to an intersection with a line drawn para 11 e I to and 20 feet wester I y, measured at right ang I es, from the westerly I ine of Lot 1 in Rearrangement of Orono Po'int; thence southwesterly along said parallel line and its extension to an intersection with a line drawn parallel to an 20 feet westerly, measured at right angles, from the extension of the westerly I ine of Lot 3, in Rearrangement of Orono Point; thence southeasterly along said last described para I lei I ine to a point thereon 583.95 feet northwesterly from the northwesterly corner of Lot 5 in Rearrangement of Orono Point, as measured along said parallel line and its extension; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet, a distance of 169.38 feet; thence southwesterly along a I ine tangent to said iast described curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly along a line tangent to said last described curve a distance of 107.3 feet; thence westerly, deflecting to the right 44 degrees 42 mi n(.i"tes, a di stance of 79. 3 feet, more or I ess, to the shore of Lake Minnetonka; thence northerly along said shore to its intersection with a line drawn south, parallel to the extension of the West I ine of said Section 11 from the point of beginning; thence north along said last described para I lel I ine to the point of beginning, according to the recorded plat thereof. The boundaries of which are marked by Judicial Landmarks set purusant to Torrns Case No. 13819, as shown by the plat of survey on file in the Office of the Registrar of Titles .as Doc. No. 560982. ..... __ i j J • ' ' s ' >-(/) (f)W WU zz :cw CJ 0 ~fg ::r: 0::: (/) li o \ i \ i \ i \ \ i \ \ \ \ \ i \ \ \ \ i \ \ i \ \ \ \ \ \ I \ i \ \ \ ·1 \ i, \ \ \ \ I \ \ \ \ \ \ \ ------- I I / { . l \ .. ,,, \ I I \ i ' I ----\ I .----••-\,. / ----· "~ ...... '------, ___ .,,..,, --------------· -___ l.------· -------·------·- ------------------------------------------------·· -------------i\ [\ _______ _ ------· -·- I\ I\ i ----~ \1 \; -------------·· -·------·· -------·-y-- ', \ ---------------------·- -·· / 1: ! ! . I' 1: 11r /! 1!1. r /\ .ti /' ;fj cA' /·;o ,,'/· :: ,, f \ I \ ; \l i/ I i I ! ! i i i _. _. JJ. FILE #04-3012 May 3, 2004 Page 1 of 5 Date Application Received: 04-21-04 Date Application Considered as Complete: 04-28-04 60-Day Revie w Period Expires: 06-28-04 To: Chair Mabusth and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis , City Planner tJ\ (A Date: May 11 , 2004 Subject: 04-3012 , Roger O'Shaughnessy, 1265 Brackett 's Point Road -Variances & CUP -public hearing Zoning District: LR-lA, Single Family Lakeshore Residential, 2-acre minimum 3.3 acres (144 ,491 s.f.) Lot Area: Application Summary: The applicant is requesting the following: 1. A hardcover variance to allow 550 s.f. of hardcover within the 0-75 ' zone in order to construct a 62 'x 6 ' boardwalk to the shore ending with a 205 s.f. landing. 2. A lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75 ' of the OHWL extending to the northeast 56' 3". 3. A conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain. 4. A conditional use permit in order to construct chimneys 40' 8" in height where 30 ' is allowed and a 50% height increase is permitted by conditional use permit. Staff Recommendation: Planning Department Staff recommends the following : 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30 ' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for 550 s.f. of hardcover within the 0-75' setback zone . 4 . Denial of the variance to allow a fence within 75' of the lake. Pertinent Zoning Ordinance Sections • • • • • • • Sec. 78-1112. Development restricted ; prohibition . Sec . 78-1114 . Flood fringe district. Sec. 78-1117. Standards for floodway and flood fringe conditional uses . Sec. 78-1279. (5) Fences , docks , retaining walls . Sec. 78-1282. Stairways , lifts , and landings . Sec. 78-1288. Hard cover limitations . Sec. 78-1366 . Height of structures List of Exhibits A. Application B. Hardship Documentation Form C. Existing Survey & Proposed Site Plan D. Zoning Ordinance Sections E. Proposed Plans and Elevations F. Submitted Hardcover Calculations Background FILE #04-3012 May 3, 2004 Page 2 of 5 G. Floodplain Mitigation Calculations prepared by Gronberg & Associates H. Grading & Drainage Plan I. Property Owners List J. Plat Map K. Letter from City Engineer, Tom Kellogg dated May 11, 2004 The property is located on the western side of Brackett's Point Road and has over 600' of lakeshore. The property owner has removed the existing home and is planning a new residence on the existing 3.3 acre lot. The applicant has proposed a home which meets all setbacks, hardcover within the 75'-250' zone, and is not limited on structural coverage. As part of the redevelopment of this property, the owner is proposing to replace the existing lake yard with native floodplain shrubs and grasses. Included in this, the applicant is requesting a hardcover variance within the 0-7 5' zone in order to construct a boardwalk to the lake through the native vegetation. A fence is also proposed to be erected within 75' of the OHWL; the applicant has indicated that this wire mesh fence is necessary for security and privacy. A number of retaining walls and grading are also proposed as the result of stormwater inundating the southern part of the property. This work will result in retaining walls, drain tile, and a swale to direct the stormwater away from the property and also to provide infiltration to the restored native floodplain vegetation area prior to reaching Lake Minnetonka. A portion of this work is proposed within the floodplain and the applicant will seek the necessary approvals from the Minnehaha Creek Watershed District. In addition, the applicant has proposed a unique architectural design for the home, which consists of a one-level residence with a height of approximately 20' with several chimneys reaching heights of 40' 8". The chimney heights require a conditional use permit. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lA Lot Area Lot Width Required 2 acres (87,120 s.f.) 200' Actual 3.3 acres (144,491 s.f.) 650'+ (measured at a line parallel to the shore) Setbacks: LR-lA Required Proposed Rear 50' 60'+ South Side 30' 90'+ North Side Street 50' 200'+ Lakeshore 75' 80'+ Structural Coverage: The lot is 3.3 acres; therefore the 15% structural coverage limit does not apply. Hardcover Calculations: Hardcover Total Area in Allowed Proposed Zone Zone Hardcover Hardcover 0-75 49,071 s.f. 0 s.f 550.1 s.f. (0%) (1.1 %) 75-250 95,420 s.f. 23,855 s.f. 23,188 s.f. (25%) (24.2 %) Lake Setback Variance FILE #04-3012 May 3, 2004 Page 3 of 5 The applicant has proposed a wire mesh fence within 75' of Lake Minnetonka. The Shoreland Zoning Ordinance prohibits any fence within 75' of the OHWL. Hardcover Variance The applicant has requested a variance for a 62'x 6' boardwalk and 207 s.f. landing in order to have access to the lakeshore through the proposed native floodplain vegetation and transition from boardwalk to a dock. Flood Fringe District The applicant has requested a variance and conditional use permit in order to construct an retaining wall and to fill within the flood fringe. Retaining walls, grading and a drain tile system have been designed to assist in managing the storm water which inundates the site from Brackett's Point Road. These updates require a variance and a conditional use permit under the Shoreland Overlay District. Conditional Use Permit Review Application of Section 78-1117 (Standards for floodway and flood fringe conditional uses) to this request. 78-1117(a): All uses. No structure (temporary or permanent), fill, deposit, obstruction, storage of materials, equipment, or other use may be allowed as conditional uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affect the capacity of the floodway or increases flood heights. FILE #04-3012 May 3, 2004 Page 4 of 5 1. No fill shall be deposited in the floodway, and any fill deposited in the flood fringe shall be no more than the minimal amount necessary to conduct a conditional use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of floodwaters. a. The fill proposed for this application is the minimum amount necessary. 2. Spoil from dredging shall not be deposited in the floodway nor in the flood fringe. a. Not applicable. 3. All fill shall be protected from erosion by vegetative cover in the form of grass, natural ground covers, shrubs and trees as determined by the council. a. The area to be filled and graded will be vegetated with native floodplain shrubs and grasses. 4. All filling and grading activities shall be performed with only clean fill. a. This requirement will be monitored by the City Engineer. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit"B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The Shoreland Overlay District allows stairways, lifts and landings in favor of major topographic alterations on steep slopes and bluffs and the City views the hardcover from such structures to be allowed within 75' of the lake. However, Planning Staff finds that this property is very flat and does not require any topographic alterations for which to access the lakeshore and an alternative path could be designed which would not be considered hardcover. Additionally, the Shoreland Overlay District prohibits fences from being constructed within the required lake yard. As this property is a rebuild situation any existing fence would be required to be removed as it would have a nonconforming status and all nonconforming buildings/structures are required to be removed at the time of the demolition of the existing principal structure. Staff does not find a hardship for granting the variance to allow a fence within 75' of the lake. FILE #04-3012 May 3, 2004 Page 5 of 5 Staff does find a hardship by which to grant the request to fill and construct retaining walls within the floodplain. This is due to the low nature of this property and a significant portion of the south half of the lot is within the floodplain rendering it unbuildable. The retaining walls and alterations are in part to allow the property owner access to the property during wet periods and to control the stormwater run off from the street. Issues for Consideration I. Does the Planning Commission find that a hardship exists due to the flat lot to justify granting the hardcover within the 75' lake setback to allow the boardwalk and landing? 2. Does the security issue justify the 0-75' fence request, or are there other options for demarcation and/or limiting pedestrian or traffic onto the property? 3. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends the following: I. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for 550 s.f. of hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. Application# ____ _ Date Received, ___ _ Amount Paid ____ _ CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1265 Bracketts Point Rd., Orono MN 55391 Type of Application to be Filed __ C_U_P_c_hi_m_ne...:y_h_e--=ig'-ht _________ _ Property Identification Number (P.I.D.) 11..,.117.-23-32-0010 APPLICANT Name Roger D. 0' Shaughnessy Phone (home) _________ Phone(work) (952) 935-1722 Address 10562 Estate Drive City Eden Prairie Zip_5_5_3_4_7 __ _ OWNER (if different than applicant) Name Roger O'Shaughnessy Phone (home) _________ Phone (work) _(.>..:.9...:.5_2..,_) _;9:._;3;..:c5_-..::.l.;._72_2 __ _ Address same City _______ Zip ___ _ Date ~ Acquired May 2003 (month/year) I (do)~also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600.00 Institutional (church, school, etc.) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg ---$600.00 Commercial/Industrial Use ---$600.00 Land Alteration + Permit __ Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore ___ PRD/PID -see Fee Schedule ___ $250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation --- ---$600.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ---$600.00 Rezoning (PUD -refer to fee schedule) ___ $600.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 6 REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. ___ Describe request in detail. __ Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. ___ Attach legal description to application if not included on required survey. ___ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ___ Construction plan, if applicable (see staff for requirements). ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) 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 Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additionalj,ees (staff time not covered by original fee payment) and/or unusual expenses incur ee!;irlreview oft ·s application, and certifies that the information su ·~gJ~_~ru~-and c~r Cj,/~_,the best -~nis/her knowledge. I Applicant's signature -------·· ~-., "-...,,.,,....,.. Date 'i: ~1' W OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this ap lication and further authorized reasonable entry onto the property by Cit)I staff, consultants, agents, commission :~~:s~rs, and Co~ members for P)'zes of inve ligation and verifica/tion of this Owner's signature ~ ---_ --, 1/U.,,.,,,.. ',H~,&,,,,1..,,.,...,..~ Date 4 ~ )o ➔ Applicant must have all submittals into theCity offices ,/ days before the anning Commission Meeting. Planning Commission Meetings are held on the third ,onday of each mo . Applicants must be present at all scheduled review meetings of the Planning C · mission and Cou -ii. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 f1 i t1·+•:'_: '· 'i !,. ;,· /·,•' -,;, CONDITIONAL USE PERMIT APPLICATION DESCRIPTION OF REQUEST APPLICANT: Roger D. O'Shaughnessy RESIDENCE: 1265 Bracketts Point Road, Orono, Minnesota The subject prope1iy is located in Zoning District LR-lA. Section 78-305 of the Orono Code requires that no strnctme or building in the LR-lA District shall exceed 2-1/2 stories or 30 feet in height, except as provided in Section 78-1366. Section 78-1366(a)(9) provides that the height of a chimney may be increased by conditional use pennit by 50%. Under these regulations, the height of a chimney in the LR-lA District may be increased up to 45 feet in height. The applicant seeks to obtain a conditional use permit that would pennit construction of several chimneys at the Bracketts Road premises, none of which would exceed 40 feet, 8 inches in height, all as shown on the side view elevations. See, specifically, the height limit diagram. #2956464\l /7 :· .' Ji .. J· :J <.) .... ___ .. &)<Lu~+-A City of Orono Variance Application Street Address: ·AppJjcation # {J L /-5() / 2, Date Received: ULJ-Z,/ Ol/ 2750 Kelley Parkway Orono, MN 55356 Amount Paid:.Jf, / Z,()l}. - Staff: II//( ll""F/l;-:-J-:;'-li-:;-?----= Fee: S600 Main: 952-249-4600 fax: 952-249-4616 Mailing_Address: . P.O. Box 66 Renewal=-: --;:$;-;::;3-;::;0-;:::0-~-__,,.-__ After-the-fact: $1,200 Double Fee Crystal Bay, MN 55323-f)066 This application form. must be completed ln full. Apj:'icant will be notified withir\ '15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 1265 Bracketts Poin:ttRoad Property Identification Number (PIN): 11-117-23-32-0010 (Attach leg a I description to app Ii cation if;-_n=--"o~t~i~n"'"'icl-ud"7'e"'""d7"""o'--n~t;=;-'h~e:'-s-u".'""rv-ey-.--;-)-----:---------- D ate Property Acquired (month/year):May 2003 □ Yes, l own the adjacent parcels. Present use of property: ~ Residential □ Other · · Zoning District LR-lA ----------- APPLICANT INFORMATION: (Complete le_gal na:7.eS and marital status required for each int~rested party) Name: Roger D. 0'Shaughnessy (unmarried) · Phone (home): ____________ Phone (work): (952) 935-1722 Address: 10562 Estate Drive, Eden Prairie, MN 55347 --'---'----------'----- Email: ctracy@cardinalcorp.com Fax: (952) 935-5538 --------------- 0 W NE R INFORMATION: (Complete legal names E:-,d marital status required for each.interested party) Name: same as above · Phone (home_): ____________ Phone (wo_rk): Address: Email: ____________________ Fax: DESCRIPTION OF REQUEST: Estimated Project Cost Describe the request in detail (attach additional sheets if necessary): $ j5 t1, 0 d (J. o cJ (.5~-k w~ ~) The Applicant seeks a variance from the City of Orono's Lakeshore Hard Cover and Land Alteration Regulations (Orono City Code at Section 78-282). That Ordinance prohibits excavating, filling, hard cover, temporary or pe1manent strnctures within 75 feet of the shoreline. The Applicant requests a variance from this requirement to pe1mit constmction of 1) slatted boardwalk to permit access from the house to the lake without disturbing an area to be replanted in native marsh and shore land vegetation thus eliminating the sod; and 2) a fence paralleling Bracketts Point Road at the south end of the site. In addition, the Applicant seeks a variance to allow grading and construction of retaining walls in the floodplain to facilitate on-site management of stormwater runoff from Bracketts Point Road and the Applicant's property and to ensure that the Applicant will have access to his property during wet periods. -I i. 2 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner .. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels ahd plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5'' x 11" or 11" x 17'' for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.'5" x 11" or 11" x 17" for reproduction. □ Sketch.es or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project.* APPLICANT 7 S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete ';ffl~-lication being aware that upon failure to do so, the staff has no alternative but to reje ~ 1unt I it io/J:omplete or to recommend the request for denial of the request regardless of~ , :~~ -ti:~-merit. I ~ Applicant's S!gnature: ---.;;;,----...,-7 /_, _,._,.,-:....,,&..,I Date: 4 ;ze L' f Applicant's Signature: . Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowled~es and a~ees to this application an~ f~rther authori~es reasonable entry onto t~e pr?pe~y by City_ St-~. cpns~ltan s) agents, Comm1ssIon & Council Members for Purposes of 1nve~·t.1gat1on and venf1 1 n..,6f this r. ql'.iest. . ! Owner's Signatur::--~ .. -/ Date: LJ..[ }..Of O ,j- Owner's Signature: ________ ...,,_ ___ __,,__ ____ Date: Applicant must have all submittals into the City offi es 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 'J:, ~~~>.L.Ji ;, ,.... . .. : ·~-0~:~~1.::l'Y ~\ t:-J .:{~\ f/~;X!)i Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO l PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): · 1. 2. 3. 4. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." See attached. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The variance is made necessary by the unusual configuration of lot especially at its southern end together with elevation and route of Bracketts Point Road. "The variance, if granted, will not. alter the essential character of the locality." The variance, if granted, will be consistent with the character of the locality. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter." See attached. n \ 1 d tr) i_:~}~.lf!'J/_;J.1f Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for so!ar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." Use is appropriate to applicable zoning. 7. "The Board or Council may permrt as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable. 8. "The special conditions applying to the structure or land· in question are peculiar to such property or immediately adjoining property." See attached. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." See attached. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The variance, if granted, will provide access to the lake, ensure driveway access during wet periods, manage stormwater effectively, and will ·provide for safety, security, and .privacy. 11. "The granting of the proposed variance will not in any way impair health, safety., comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The variance, if granted, will enhance environmental conditions and will provide for safety, sP.curity, and privacy. {[r'~;1) ·-:., ·;~'... .. •:/ -..:,.~~-, Page 3 of3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." See attached. Hardship Statement Should you feel the hardship cannot fully be described in· the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): See attached ~~?0! r":;i ;·\ c~~~i~,:n Boardwalk: HARDSHIP STATEMENT 1265 Bracketts Point Road The Applicant intends to replace the sodded lawn currently lying within the 75 foot shoreline set back area with a meadow consisting of native floodplain slm.1bs and grasses. The restoration of the shoreland setback area from sod to native floodplain shrubs and grasses will provide a buffer borde1ing Lake Mi1metonka that will help protect water quality, stabilize the lakeshore bank, prevent erosion, and also assist in filtering out nutrients, sediments and other pollutants from entering the lake. The Applicant also seeks to maintain access to the lakeshore from his home. For that purpose, the Applicant proposes to constrnct a slatted wood boardwalk. The boardwalk will be suspended above the ground surface. The ground surface beneath the boardwalk will be stabilized with erosion control fabric to prevent erosion in those areas where vegetation is not expected to survive. For most of its extent, the boardwalk will be no greater than six feet in width. Near the lake, the width of the boardwalk will be increased up to 15 feet, to help facilitate transition to a dock, which is to be constructed in the future, and further protect the restored natural vegetation from "staging" activities near the lakeshore. If the variance were not granted, the Applicant would be unable to access the lakeshore without damaging the native floodplain grasses to be planted in the shoreline set back area. The variance is necessary to preserve the enjoyment of a substantial prope1iy right of the Applicant, i.e., access to and enjoyment of Lake Minnetonka, while encouraging the voluntary restoration of the lakeshore area to native floodplain grasses and shrubs. Given the substantial benefit that Lake Miimetonka will enjoy by this voluntary restoration, granting the proposed variance will not impair the public health and safety, but rather will serve to encourage such values. Fencing The Applicant proposes to construct a wire mesh fence along the p01tions of the property that fronts Bracketts Point Road and County Road 15. The purpose of the fence is to provide the Applicant with security for his property, privacy and safety for Applicant's grandchildren who will play on the prope1iy. Only that portion of the fence that parallels Bracketts Point Road will encroach into the shoreline set back area. This area is at the southerly end of the prope1iy and runs for a distance of approximately 56 feet. At the property lines that are "perpendicular" to the lakeshore at both the north and the south ends of the property, any necessary screening from adjacent roads and prope1iies would be achieved through relatively dense plantings of native shrnbs and trees, rather . than with a fence. The requested variance is made necessary only as a result of the unusual configuration of Bracketts Point Road. To the south of the Applicant's prope1ty, Bracketts Point Road encroaches into the shoreline setback area and closely follows the lake shore. To be effective, the fence should not stop arbitrarily, but rather should be allowed to follow the entire length of the property as it follows Bracketts Point Road. Granting of the variance application is necessary to provide the Applicant with substantial enjoyment of his prope1iy by providing pnvacy, security and child safety. Retaining Wall and Grading. As shown in the topographical survey, the elevation of the southern half of the Applicant's prope1iy is below the surface elevation of Bracketts Point Road. As a consequence, street stormwater has traditionally drained onto the site. To provide stormwater rate control and water quality control, the Applicant proposes to construct a retention area (i.e., an infiltration area) in the southerly pmiion of .the prope1iy. On the easterly po1iion of the infiltration area (i.e., "upland" or towards Bracketts Point Road) a stone retaining wall will be constructed to enhance the capacity of the infiltration area in a relatively flat portion of the site. A swale will be constructed to direct stonnwater nmoff from Bracketts Point Road and the prope1iy to the infiltration area. Because the topography in this area is extremely flat and only slightly above the Ordinary High Water Elevation of Lake Mi1meton.ka, drain tile will be placed under the swale and retaining wall to provide minimal gravity flow (at 0.4% slope) into the infiltration area. No outlet directly into the lake is being proposed. The retaining wall will not encroach into the lakeshore setback area, although the grading to create the infiltration area will encroach. The infiltration area and swale will be planted with native floodplain species and it is expected that the vegetation will provide some degree of water quality treatment. In addition, it is necessary to elevate the area of the driveway in the floodplain so that the Applicant may access his property during wet periods or when the elevation of Lake Mi1metonka is higher than nomrnl. The mean high water level of Lake Minnetonka typically rises by at least 7 inches during the spring and summer. The elevated area of the driveway will be held by two retaining walls on either side of the driveway entrance from Bracketts Point Road. A culve1i will pass beneath the driveway entrance and through the retaining walls to allow stonnwater to continue to flow through the swale into the infiltration area. As shown by the attached Site Grading and Drainage Plan, the volume of fill in the floodplain will be compensated by the volume of the cut into the floodplain. The holding capacity of the floodplain, thus, should not be diminished, as demonstrated in the enclosed floodplain volume calculations. The topography at the southerly end of the site together with the configuration of Bracketts Point Road as it travels south necessitates that stormwater handling be addressed in this single family residential development. The proposed variance will not impair public health or safety; but rather is expected to advance environmental concerns by handling stonnwater mnoff from Bracketts Point Road in an environmentally responsible manner. Finally, by constrncting the infiltration area together with the retaining walls and elevation of the driveway entrance, the Applicant's access to and enjoyment of his property will be enabled by treating and handling stormwater from the adjacent street in a controlled and environmentally responsible way. #2956541\2 f) ';•;,:_ ...... ;.,;"i'.•' CERTIFICATE OF SURVEY FOR / ROGER D. O'SHAUGHNESSY / JJ IN LOT 10, REARRANGEMENT OF ORONO POINT / / .. ~p;Eg~~~Tit~~~~~~ HENNEPIN COUNTY, MINNESOTA _,-/" . --------------------/ ~ --'-"-:--s 89°03~!.'._'._E __ 431~--··~.9 _:_~RD :__N Q.8~!~----···.. // // ··-... _ ~ 639.2-=1c~,--1 ----------------=-T\--~1---- • NORTH UNE OF GOV' T LOT 3, LANDMARK 'sECTIOI< 11-117-23 \_ •• ·······~ S 89°03' 41" E 234.55 ···\..... / / LAKE ----·.· --· --. I _.:· .... ----.r \ I A LINE PARALLEL 00.18 •• • 20 Q NORTH LINE,•. \ 20 o OF LOT 10 \ I 8 , ua~ N 0) =E ROAOW\Y I "-.. SOUTHERLY RIGHT-OF-WAY OF• \ ~ HCSAH N015 PLAT 51 ' .•71~ I EXTENSION OF W'LY _ •• -•• - LINE OF LOT 3, •• WITH THE WEST LINE·····. -• t.. 0-REARR. OF ORONO POINT tO \ I ' /'>-. R \ ,;o OF SEC, 11-117-23 -"' 0 0 co (0 JUDICIAL LANDMARK·". (TIPPEO) ' Zo. .\~~:J.····N ?! ]\ \ 0 0 ~ ? ... •75' SETBACK ';'.'.1/ ~ ~ ~~ I ~ \ 1 1 1~ I ..;\ I .,, ~;:;~~ ..... ~ ~~~ \ -----.:::•::J. - ---...... '"'. --..: ·-, RIP%~\ '-:,\ ' RAP ·Q_'0\ ~ \/ ': '~~ /' I \\,, .. j\ ~ .......... \ \ \ -......... EXisT.lNG TENNIS-........._ COURT %_ ~ I ~\ 20/20 ~ "··-. ,;o\ I ~ .\ I " I\ d\ \l 1 ~"J~:~\1 \ 'a I '-. '-. \ \I '-. \ \ Cj /1;•p "' f~ //!( \ ~ ::; :::'.'../•::; \\ \ \ I • ,, .. ,,.. ~1 4, -i ~ "'":.,.~ ..... ' o. :' ASH 12"x12" llACK&RRY 929.4 CONTOUR LIN::· ... 1r~ • ~ 1rr ( ,s MINNETONKA SMITH BAY I )\ \ 1 ··--1-.. SURVEY ) IL \ LINE /' I I 1<-.I~ \/ 1 ,! I I ""' I I /l -1/ / ;t~i' / CONC ~\l'p,) J/ """'<>··' 'fl~"/ "'"" . 1 4 / I ,, .. ½1/ 14 ""' 1//1 ,~ t{Q1 1:~~'"' a l,f,~ ,, I Ir' ........._ "°'' / o/51 /1 /✓,ef ------~"' " \ "' • STONE WALL EASTERLY LINE.··•· J OF LOT 10 "• ••• 0 -l LINE DRAWN PARALLEL WITH AND 20 FEET WESTERLY OF • ··-MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF LOT 1 • • • -•• WESTERLY UNE Of LOT 1 I_G T -" 2 LINE DRAWN PARALLEL WITH AND 20 F'EET WESTERLY OF •• -MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF LOT 3 WESTERLY LINE --•• ·or LOT 3 0 -l ,AJ i 17 ·.v ;;J :.tl )> -✓ ✓- () rTj <.:,,_ rr, ..,,_ -l POINT 583.95 NORTHWESTERLY FROM THE NORTHWESTERLY LEGAL DESCRIPTION OF PREMISES (from City of Orono records) A tract of land comprised of port of Lo\ 10 and port of \he acer et ions of Lots 9 and 10 al I in Rearrangement of Orono Point, which land is particularly described as beginning at a point on the North I ine of Government Lot 3, Sect ion 11, Township 117, Range 23, distant 431.8 feet East of \he West Quarter corner of said Section 11; thence East along said North I ine to its intersection with the extension of the westerly I ine of Lot 3 in Rearrangement of Orono Point; thence southeasterly along the extension of \he westerly I ine of said Lot 3 to an intersect ion with a I ine drawn parallel to and 20 feet westerly. measured at right angles, from the westerly I ine of Lot 1 in Rearrangement of Orono Point; thence southwesterly along said porol lel I ine and its extension to an intersection with a I ine drawn para! lei to on 20 feet westerly, measured at right angles, from the extension of the westerly I ine of Lot 3, in Rearrangement of Orono Point; thence southeasterly along said last described porol lel I ine to a point thereon 583.95 feet northwesterly frcm the northwesterly corner of Lot 5 in Rearrangement of Orono Point, as measured along said parallel line and its extension; thence southerly and southwesterly along a tangential curve to the r igh\ with a radius of 221.17 feet. a distance of 169.38 feet; thence southwesterly along a I ine tangent to said last described curve a distance of 5 feet; thence southwester !y along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly along a ! ine tangent to said last described curve a distance of 107.3 feet; thence westerly, deflecting ta the right 44 degrees 42 minutes, a distance of 79.3 feet, more or less, to the shore of ake Minnetonka; thence northerly along said shore to its ntersection with a I ine drawn south, pqral I.el, .to the extension of the West I ine of said Section 11 from the point of beginning; thence north along said !ast described para I le! ! ine to the point of beginning, according to the recorded plot thereof. The boundaries of which ore marked by Judicial Landmarks set purusant to Torrns Case No. 13819, as shown by the plot of survey on file in the Office of the Registrar of Titles as Doc. No. 560982. o denotes iron marker (908.3) denotes existing spot e I evot ion. mean sea I eve I datum --910-:-denotes existing contour I ine, mean sea level datum Bearings shown ore based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of three existing buildings, and the location of al! "visible" hardcover" thereon. It does not purport to show any other improvements or encroachments. I REVISIONS I OESIGNEO II HEREBY CERTIFY THAT THIS PLAN, SPECIF1CATION. OR REPORT "'"'''" I ~· REMARKS ..... wAr5H:;~P:~E~ ~~L~\g~N~~gE~R~;E~~6~~Ls~~~~~f~oNANADN □ DRAWN ECO " 1 LAND SURVEYOR UNOER2AWS OF THE STATE OF MINNESOTA. CHECKED MSG ,&A..-/-~~ DATE 'f".~•/6'"'4 </ MN LICENSE NUMBER~ '.'.) ")er '\.~ ~ .!? ~ ROAD EASEMENT PER DOC. NO. 2092886 C) O'"? "' ' /' 0 ____..,, ____..,, ____..,, ____..,, ____..,, ____..,, ~ ... 6' HIGH WOODEN PRIVACY FENCE •ALSO LINE or OCCUPATION or PROPERTY TO THE NORTH ____..,, ____..,, \_ PROJECT \ (j ____..,, ____..,, ____..,, ____..,, ____..,, _ ___,,.,. ____..,, -7 L-- -\ • • • • • -••• CORNER OF LOT 5, CJ AS MEASURED ALONG SAID PARALLEL LINE AND ITS EXTENSION R=22•1.17 t.=43°52' 45" L= 1 ~9.38 JI .,)-::,,, ~ \ 20 \ io \ CORNER •• •••• • NORTHWESTERLY j ; OF LOT 5 • •• ' () -'l GRONBERG & ASSOCIATES INC. Civil Engineers, Land Surveyors, Land ~anners 445 N. Willow Drive, Long Lake, MN 55356 952-473-4141 _ .. -·-·-------··-----·-----·-----·---·-··-··---·--·-·---·--·------... -.. ------··-·- •. --.e.1.1 ···· --·---~.!>-=~-,-PIO'OSCDCON!Gl.(t C(INKIIIRl'!Q,ll\.fMI' •-..,._ 0 . UI\Ol'GSDICONIDI-" -_______ _::==~-~--'-f ~ ·-,.....,..- lo, hoo -··---------------------- ----------··---·----.. --------------------------·--- ///-:-··-·-·-··--·--·----- / . / ----------------------·--------·---i -------------I ------------------ ·--/ .. _, ----------------··-··------------- O'SHAUGHNESSY RESIDENCE .....,,..,. .~ ... L1.0 Exhibit D Page I Sec. 78-1112. Development restricted; prohibition. Sec. 78-1114. Flood fringe district. Sec. 78-1117. Standards for floodway and flood fringe conditional uses. Sec. 78-1279. (5) Fences, docks, retaining walls. Sec. 78-1282. Stairways, lifts, and landings. Sec. 78-1288. Hard cover limitations. Sec. 78-1366. Height of structures Sec. 78-1112. Development restricted; prohibition. Except as specifically permitted, no filling, grading, dredging, excavation, hard cover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the :floodplain and wetlands conservation area; nor on any lands within 26 feet of such area; nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting the area if such activity upon those adjacent areas is incompatible with the policies expressed in this article and the preservation of those conservation areas in their natural state. (Code 1984, § 10.55(8)) Sec. 78-1114. Flood fringe district. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the flood fringe district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provision of this Code or regulation of other governmental agencies having jurisdiction, including without limitation the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or :floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system, and no use shall adversely affect the quality or quantity of groundwater runoff or the quality of the natural environment. (1) Permitted uses, when in conformance with this chapter, are: a. Agricultural uses, such as pasture, grazing and wild crop harvesting. b. Fish and wildlife sanctuaries. c. Recreational uses, such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. d. Residential uses, such as lawns and gardens, provided no filling, grading or hard cover is involved. e. Seasonally installed residential boat docks for single-family Exhibit D Page 2 dwellings. f. Natural stone riprap shoreline protection. g. Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR15021B. h. Agricultural uses, such as general farming, outdoor plant nurseries, horticulture, truck farming and forestry. 1. Recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, parks and nature preserves. J. In areas other than wetlands, grading, filling or excavating of ten cubic yards or less, and subject to the appropriate permits as regulated elsewhere in this Code. (2) Conditional uses, when in conformance with this chapter, are: a. All other forms of shoreline protection, including wood, metal, mortared stone or concrete seawalls. b. All dredging or excavation of material from any lake bed, pond, or wetland or from adjacent land thereto. c. All permanent boat docks or other similar structures. d. All multiple boat docks, including residential or commercial structures, whether seasonal or permanent. e. Water control structures such as dams, culverts and weirs. f. Bridges and abutments. g. Utility lines. h. Other similar uses not specifically listed when approved by the council and other regulatory agencies, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. 1. Residential accessory structures, such as open decks and patios provided the structure meets the setbacks required by section 78- 1112. J. Commercial storage of boats and marina equipment in the B-2 Exhibit D Page 3 district, provided all storage meets the requirements of the B-2 district. k. Other accessory uses not specifically listed when approved by the council, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. 1. All structures constructed as conditional uses shall be constructed in accordance with the state building code. (Code 1984, §§ 10.55(9), 10.55(10); Ord. No. 171 2nd series,§ 3, 4-4-1998) Sec. 78-1117. Standards for floodway and flood fringe conditional uses. (a) All uses. No structure (temporary or permanent), fill, deposit, obstruction, storage of materials, equipment, or other use may be allowed as conditional uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affect the capacity of the floodway or increases flood heights. (1) No fill shall be deposited in the floodway, and any fill deposited in the flood fringe shall be no more than the minimal amount necessary to conduct a conditional use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of floodwaters. (2) Spoil from dredging shall not be deposited in the floodway nor in the flood fringe. (3) All fill shall be protected from erosion by vegetative cover in the form of grass, natural ground covers, shrubs and trees as determined by the council. (4) All :filling and grading activities shall be performed with only clean fill. (b) Structural work for flood control. Structural work for flood control, such as dams, levees, dikes and floodwalls, shall be allowed only upon issuance of a conditional use permit. In addition, any proposed work in the beds of public waters which will change the course, current or cross section of the waters shall be subject to the provisions of all applicable statutes. (Code 1984, § 10.55(11)) Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) .from ordinary Exhibit D Page 4 high water level: Setbacks Public Water Structure Sewage Treatment s t Classification U d nsewere s ewere d ,ys em NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback ( in feet) Top of bluff 30 Unolatted cemetery 50 Right-of-way line of 30* federal, state or county highway and local public and private roads * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. Sec. 78-1282. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: ( 1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance Exhibit D Page 5 standards of subsections ( 1 )--( 5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord. No. 101 2nd series,§ 1(10.56(16)(F)), 2-24-1992) Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. (Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992) Sec. 78-1366. Height of structures. (a) The height limitations imposed by other provisions of this chapter may be increased by conditional use permit by 50 percent when applied to the following structures: (1) Church spires. (2) Belfries. (3) Cupolas and domes which do not contain useable space. (4) Monuments. (5) Water towers. (6) Fire and hose towers. (7) Observation towers. (8) Flagpoles. (9) Chimneys. (10) Smokestacks. Exhibit D Page 6 (11) Parapet walls extending not more than three feet above height of the building. (12) Cooling towers. (13) Elevator penthouses. (b) Heights in excess of those allowed under subsection (a) of this section for the uses enumerated in that subsection may be permitted only by conditional use permit granted pursuant to the procedures as set forth in article V, division 2, of this chapter. I~ 0D'OT AVEtlF- rM .l'taml f'A 02$40 SOI 5f.llo!19 tAJC?t491lit IUecMr,t«I I/ i24 " fl ✓.:.~=-- ?Yf'/ ~20FEET kooFEET O'SHAUGH.\'ESSY RESIDENCE ICALlt1S"=1'0' DAA!Mil: ➔ U -·--i 4-21 •04 ··-·- SITE SECTION CfW'al0.-~"1flallwi I L1.2 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' I ','-.. _______ ,,,/ ------------------ -------------- JURISDICTION: CITY Of ORONO, MINNESOTA DEPARTMENT OF BU!LDJNG & ZONING 2750 KELLEY PARKWAY CRYSTAL BAY, MN (952) 249-4600 ZONE: LR-lA -ONE FAMILY l.AKESHORE DISTRICT ------------- -- ----------- WiEtlQ HARDCOVER CALCULATION: ---------PROPERTY LINE STRUCTURE BUILDINr:: B704 SQ.FT. -·-·-----·---·-SETBACK STORAGE SHED 675 ----------EXISTING GRADE SITE POOL 1093 HOT TUB 417 □ --------------------PROPOSE!l GRA.DE STONE WALLS 2108 □ OECK/STEPS 3279 □ DRIVEWAY 6911 TOTAL = 23, 188 SQ.FT. HIGH WATER ELEVATION=931.5' HEIGHT: 2 ½ STORIES OR 30' IN HEIGHT, MEASURED FROM THE HIGHEST ADJOINING GROUND LEVEL AT THE BUILDING OR 10' ABOVE THE LOWEST, WH!CHE.VER IS LOWER. (EXISTING GRADE) HEIGHT !S TO THE HIGHEST POINT OF ANY ROOF EXCEPT GABLE OR HIP ROOFS ARE TAKEN AT THE MIDPOINT. MINIMUM LOT AREA: 2 ACRES (THIS PARCEL 1S 3 ½ -3 ? ACRES DEPENDING ON THE EASEMENTS} MINIMUM LOT WIDTH, 200' ( 600' +/-) LAKESHORE SETBACK, 75' FROM ORDINARY HIGH WATER MARK, ( +929') (AVERAGE LAKESHORE SETBACKS MAY APPLY) FRONT YARD SETBACK, so· MEASURED FROM THE R.O.W. SIDE YARD SETBACKS: 30' REAR YARD SETBACK, so· (SUPERCEDEO BY LAKESHORE SETBACK) -- ABANDONED ROAD --------------- 0 ~~~PEATY PLAN DIAGRAM CD 0 ~e7o·IGHT LIMIT DIAGRAM CD HARD COVER: IN THE 75' LAKESHORE SETBACK, NO COVERAGE IS ALLOWED. THIS INCLUDES ANY IMPERMEABLE MATERIALS lNCLUDlNG BUILDINGS, POOL, GRAVEL LANDSCAPING FABRIC AND PAVERS. FOR THE REMAINDER OF THE LOT, THf TOTAL HARDCOVER CANNOT EXCEED 25%. THIS NUMBER WOULD CALCULATE TO BE 23,855 SF. FOR ALL SURFACES. FLOODPLA!N REGULATIONS: THE REGULATORY FLOOD PROTECT!ON ELEVATION FOR LAKE MINNETONKA SHALL BE 932.5 MSL" LANO ALTERATIONS: ANY GRADING, EXCAVATION OR FILLING IS VERY RESTRICTED, PARTICULARLY !N THE LAKESHORE SETBACK (75') GUEST HOUSE: A SEPARATE DWELLING ON AN EXISTING UND!VIDED LOT FOR THE SOLE USE OF THE OCCUPANTS Of THE PRJNCIPAL BUILDINGS, INCLUDING THEIR DOMESTIC EMPLOYEES OR NON-PAYING GUESTS. ALL REGULAR LOT REQUIREMENTS SHALL SE MEf BY THE GUEST HOUSE. THIS WOULD REOU!RE A 4 ACRE LOT IN ORDER FOR THE STRUCTURE TO BE DETACHED. A NON-RENTAL GUEST APARTMENT WOULD NECESSITATE AN ACCESS DOOR FROM W!THJN THE PR!NC!PAL STRUCTURE. ACCESSORY STRUCTURES: ANY ACCESSORY BUILDING IS LIMJTED TO 1,000 SF. ONE OVERSIZED ACCESSORY STRUCTURE IS ALLOWED BASED ON THE SIZE OF LOI FOR THIS LOT -3.51 -4.00 ACRE: 1,600 SF. ACCESSORY STRUCTURES CAN BE NO CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE, NOR CAN IT BE HIGHER DETACHED GARAGE: MAY BE AllOWED IN THE REQUIRED SETBACK AT THE STREET, IF THE DOORS FACE AWAY FROM THE STREIT ANO THERE !S A TURNAROUND PROVIDED ON-SITE. IN THAT CASE IT COULD BE 10' FROM THE LOT LINE. OVERHANGS: ALLOWED lNTO STREITS!DE SETBACK UP TO 1 ½' BOAT STORAGE: ON RESIDENTIAL LOTS BOATS AND TRAILERS EXCEED!NG 30 FEET MUST BE STORED IN A FULLY ENCLOSED BUILDING MEEflNG ALL APPLICABLE ZONING STANDARDS, !NCLUDlNG SETBACK REQUIREMENTS. 0 VICINITY MA~--,_; '' I 1 I I I I i I \ ' \ \ 0 10· 20' 30' " ----IF-60' 60' 90' ARCHITECTS 159 South Jock.on Sixth Floor S.attle, WA 98104 vox 206 624 5670 fox 206 62-' 3730 O'SHAUGHNESSY Residence lake Minnetonka Minnesota -pol-JO --BB d,awnby JM AM d,,d,adby job no. 03014.0 dalo by ZONING INFORMATION AO.E>2 LAKE MINNETONKA -------------------------------------------- ----------------- 0 ~ 1 ~~ 1 ~~,:-6-l SITE PLAN ED -----------------_____ , __ _ GENERAL NOTES: 1. SEE lANDSCAPE DRAWINGS FOR lANDSCAPE INFO. 2. DIMENSIONS GIVEN HERE FOR GENERAL !NFORMA110N ONLY. SEE PLANS FOR DIMENSIONS, 0 4' 8' 12' 16' 48' -------- 159 South Jack.ion Sixth Floor Seattle, WA 98104 vox 206 62.4 5670 lox 206 624 3730 Lake Minnelonka Minnesota JO ,........,_--'a=-a __ _ dmwn by JM AM d.odoodby ___ _ jcbno. 03014.0 ------ PARTIAL SITE PLAN by 0 ~~~~~EAST ELEVATION 0 ~?~~WEST ELEVATION 0 2' 4' 6' 8' ----.. -,-, 0 if~~i,~~L NORTHWEST ELEVATION 16' 24' ARCHITECTS 159 South Jachon Sixth Floor Seattle, WA 9810A vox 206 62A 5670 fox 206 62.l 3730 O'SHAUGHNESSY Residence Lake Minnelonka Minnesota SETBACK ZONE: (CIRCLE ONE) @ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = 550.1 S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE 550.1 S.F. A TOTAL PROPERTY AREA IN ZONE 49071.0 S.F. B A 550.1 B 49071.0 X 100 = 1.1 % SETBACK ZONE: (CIRCLE ONE) 0~75• EXISTING HARDCOVER IN ZONE A. House X Length X X X B. Garage X C. Driveway X X D. Sidewalk . X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B PROPOSED HARDCOVER IN ZONE A. House X Length X X X 8. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 23188 + 8 ~ 250-500' 500-1000' Width Width 95420 11 .Ji' 17., l ·• -•-i•:---f ./ ,-/ = = = = = = = = = = = = = = = X 100 = = = = = = = = = = = = = = = = X 100 = /--.. :..::::::.·,.~ ....... , \ .. : S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. 8 % main 8703.7 S.F. shed 675.6 S.F. S.F. S.F. S.F. 6911.2 S.F. S.F. S.F. S.F. hot tub 417 .5 S.F. terrace/ste!2s 3279 .4 S.F. walls 2107.8 S.F. S.F. S.F. pool 1092.8 S.F. 23188 S.F. A 95420 S.F. 8 24.3 % d .,, . GRONBERG & ASSOCIATES. INC. 445 N. WILLOW DR. LONG LAKE, MN 55356 . .. .. ..... . ............ ~12~~/R.. .. _a.~.£/21,,f.UG:/.l-k'..€.J'L'J:' .. ·········-···-···--·········•·-··············· --~··· ELC?a,a ./L,11,v /'117/tr.dr/.?K .C4L er ......... ········--···-···-···· .. . . . .... )w,Au.. ;Ud. I .......... i'C ✓x 2, ✓ ><.o. I ✓A/IC .. = .... _? ... C £ ·-.... =...... . 7 .. c. ,€ z ctr:41._ ... . . . ;/t£;ALL .. A.Jo •... 2 ........... £.Z~ ~.?.~.X .. Q~ .. ~~Ail.f;,.. = 5..2 .. C.E.. -·-·-··········-·····-··············· ...... ··-.... Z.2".x 2~x t2~Y.".Al!ri .. _=·· 19 ....... CE ... ········-··-·-·· ········· . ..... .. <L~¥. ~.">< CJ..~§ ~Al"'€, .. ::: ...... t .. C.E.... . ... _ ... .............. . .......... . ,, ✓ LWA.LL . M4.,.~ ... /tJ,, X 2 X O · '3 41,1,r. -..... f{ ... CE. .......... . 2,1/,,X 2" 0,(",, ....... .. ......... .. . ... ...... ):L . ... ..... Allti. . ..... . 2 'l ... C..F . 'tl.~x?,,,.6 C?.'.25 ,,11!€-. :: 22. CE .. .... ..... /,, >< ..... 2 ✓_>< tJ.lS".,AtJIF •...... -_l_~Cc...F ....... , .. ····························· - . . .t11,1 u .. ..va. .s. . . . 'f.<f ✓ x 2 .,, _):<, ?J. 2 s A t!.c:: ~ z '1 ·c r. . . _ ...• #.C:11M .. J.. ..ft?/ x :J 'x_e_.i~,11,1c; = .. I? .. cc:. -··- _ //[llM ..... 2 .. _ zc:, "x J-' x.a ... ~:.-:<.t/__€ ... = / 2 .c . .r.. ...... ;~.<l~f ... A'Jt€.A. ,. ' ... . ... (2.)i_✓ ...... <ft?{? .r: T. . > . 1/<f . ("-.;C. .......... -.... . ISO .5.F. /OZ] (. /=. -.... ltl <:~E Tttr1.1,. _ -. / 2 ... C. F. .. _TcJ r,1 L .... . ----•-•o.-. .--... ~•··-· --····-···--·· ··~·-.. ---- / 23 7 C. F. -ro r,t/l Flt. .. ······-· ·-:: . ·1/Ef · C,;·Y:····· ······· 1 C?!T Al<-IE/.J (c!JTO✓ ✓f',{f",4) '. iJE,117/-1 ,,O!. f' .t /,A/Ct.. Vtl L O ,, 1/C&o f.;r, > /ZJ 7 c: F. .. . :P· s., ?So .r: ~ fl37 f.,,C: TCJ-1',1c cur .. ~.c-... c,t. _____ ~_lA_t\-7_1+ :_t¼ _________________ _ \ \ \ \ \ \ \ \ \ \ I \ , .. ! \ i \ I \ l \ I \ ,,,) \ \ / ..... ,,,.""~"' -~~~=~ "--.... ...._, ,/,I -----------~;!~!UQil---- ,,'----,-,---/'/ -------------------------- --------·-------------------------------\_______________ ----------- -------------------· ------------------------------------------______________________ .. _____ _ ---------------------------------_j~v----:~------1.,1-, ----------------------------------------------- ______ --- GRADING NOTES I. ln!doll stoked hoybole sillolion lence ot edge of proposed grading as shown. Mointoin hoybole fence in good condition throughout project. 2. The loc:otions of utilities thown on the pion ore ~pproxim~te. The contractor shot! eod Dig-Sofe to fflify the pree1se locol1on of oH utilities on-site before initiating demolition activities and protect e:cisting utilities throughout construction. Any utililies damaged by construdion oclrvities wal be repaired by the contractor at no cost to the owner. 3. Provide samples of moteriols proposed for use for the . rll\ltew of the LondSCQ~ Architect, including fill, topsoa, plonling $Oil, ond pavements. Suil<1ble excavated moteriols rem~ to occorrvnadote new conslrvclion moy be used as fill moleMI subject lo the opprovol of the Londscope Architect. Soil lest reports for topsoil shall be provided by the contractor !hroogh the UniVetsity of Massochusetls s~a lesting lobofatory. 4. Promptly notify the Londscopt Architect of unexpected • sub-surloce conditions. Controctor lo set grade stokes showing lines and efevotions for review and approval by the Landscape Architect prior to rough grading. 5. Perform grading within conlroci Umils of Co~struction, including adjacent transition areas. to new devotions, levels, profiles and conlours indicated. Provide subgrade surfaces parallel• to finished surface grades. Provide uniform levels and slopes between new elevations and existing grades. Crade surfaces to ossure areas droin a•oy from slruclures and to prevent ponding and pocket:i of ,urioce drainage. 6. Top:ioil to be installed shall be natural, friable, fertae SOil characteristic of productive soil in the vicinity, reosonobly free ol stones. cloy lumps, roots,. and other foreign matter. ~ nal use muddy topsoil. Ploce during dry weather, Allow for ~ averoqe depth of topsaa screened for !own areas, and 12 depth ot planting areas, except os olherwiS11 indicat~ on the drawings. 7, Fine grade topsoil eliminating rough and k>w oreos to ensure positive drainage. Maintain levels, profiles, and contours of subgrades. B. Protect finish groded oreos from traffic ond _erosion. K~p free of trash and debris. Repair and re-estoblssh grode, in settled,erode:d, and damaged oreos. 'Mlere completed areas ::,re disturbed by construction operations or adverse weolher, scarify, re-shape, and compact to required density. 9. Upon completion of eorthwork operation, clean o~s within contract ,mits: remove tools,. and equipment. PrOY1de :iite clear, clean, ,;ee of debris:, and suitable for further site work operations. 10. Existing and proposed grades ore based on Survey by GtonbenJ & Asscociates doted S-30-0:S, updQted 4-l~-04. 11, Drainage information provided by Gronberg &: Ass~ciotes. Existing grades ore very not in this ?rea, and only_ slightly above the Ordinary High Waler Elevation of Loke M1rmelonko. Thus, there moy be times when water moves slowly thr~ugh the drainage swales and drain lines, sspeciol!y when laks M1nnetonko is higher than normal. ♦U1~ PROPOSEfl SP<A' QU« D.tVAllOH +(9.:u~) ~:'°~ ~~::1, mow ------~J-----DISD«. dlN'f(XJR tA0lf SURV£r -----~-,,5-----tx!STff; 1\.llOtlPVIIN COMO.IA FROW ,ulMT 9J2 PftOPOStOCOIITQJA ---"="'---- -DFWN UIIE """"" --·--·-·--··-PROP(Jl'fY r..NE l ___ t=j===j============-=-===l -f -'"--1 ◄·21-04 CilyofOronoVerianceApplic:allon -----------r·------------------------,------------~'-::...L.:::0•="~-1..:."":::'"'=''=''";_ _________ -, -----------· I J O'S HAUGH NESSY _________________________ i ! RESIDENCE I ! I I I j i ! I ~REBY CERTlfY THAT THIS Pt.AN, SPCCFICA TlON. OR R[PQRT WAS PREPARED BY ME OR UI-OER MY DR€CT SlJPEJtvtslON ANO THAT I AM A OU.. y LCENSrn PROfESS;IQ'lAL (NGR',{:ffi ANO LANO SUl'IEY~u«R TI-E LAWS Cf' n£ STATE Of 1-itKS'JTA. SCAL£ 1''=20' DATE 4/io/01 STEPHEN STIMSON ASSOCIATES LANDSCAPE ARCHITECTS, INC 15 DEPOT AVENUE FALMOUTH MASSACHUSETTS phone 508 548 8119 fax 508 548 7718 ssa@cape.com Scale; Date; Ora'Ml by: Checked by: 1~ =20' APR04 KB,CP ss SITE GRADING AND DRAINAGE PLAN L2.0 1+ 1-------,-,..,..,.,,---t-j ..,.,..----,-,----,-,--~TW-9__,37.0 r.===;;i ► j O BW 933.0 -------- i ~ i L i i . i} i~ jn; ~ I i i i i i -----+-·-; i i i i i i i i i i ! _______ ............ - -------------·-·--·- .... -----·-·-·---- FFE+933.0 X "!:;; ~f~ '-I t.,;.9J -+ C ~fi; -I+ _______ ..... --- ---·-·- ---.... ---·----------·- ,.,, .... ·'· ,- -·--------· ,JING NOTES I. lnsloff slaked hoybole :siltotion fence ot edge of proposed grading os shown. Maintain hoybole fence in good condition lhtoughout project. 2. The locations of utilities shown on the pion ore approximate. The controclor shall coll Oig-Sote to verily the prttcise focolion of all utmties on-site before initiating demolition octivitias ond protect existing ut~ilies throughout construction. Any uWities damaged by construction activities will be repaired by the contractor ot no cost lo the owner. J. Provide samples of moteriols proposed for use for the review of the londsc::ope Architect, induding fill, topsoil, plonling sol, ond pavements. Suitable e11:covoted moleriols removed to accommodate new coostruction may be used as fin moleriol subjecl to the approval of the Landscape Architect. Soa test reports for topso,1 shall be provided by the contractor through the University of Mossaehuselta soil testing laboratory. 4. Promptly notify the Landscape Architect of unexpecled sub-surface conditions. Contractor to set grade stokes showing lines and elevations for review and appr'ovol by the landscape Arehitect pnot to rough grading. 5. Perform grodin9 w.1hin contract limits of Construction, including adjacent transition oreos, to new e{evotions, levels, profiles, and contotrS indicated. Provide subgrode surfaces parallel lo finished surface grades. Provide uniform levels and slopes bel.-een new elevotions ond existing grodes. Grade surfaces to ossure oreos drain owoy from structures and to prevent ponding and pockets of Sllrfoce drainage. 6. Topsoil to be installed shall be natural, friable, fertae soil characteristic of productive. soil in the vicinity, reasonably free of stones, cloy lumps, roots, and other foreign molter. Do not use muddy topsoa. Place during dry weolher. Allow for s• overage depth of topsoil screened for lawn areas, ond 12· ~th ot planting oreos. except os otherwise indicated on the droWtngs. 7. Fine grade topsoil eliminating· rough ond tow areas lo ensure positive droinoge. Mointoin levels, profiles, and contours of $0bgrodes. 8. Protect finish gioded areas from traffic ond erosion. Keep ,,~ t:J trash and debris, Repair and re-W.oblish grades in setlled,eroded, and damaged areas. Wherl!! completed oreos ore disturbed by consttudion operations or adverse weather, scoriry, re-shape, ond compact to required density, 9. Upon completion of earthwork operation, dean areas within eontroc:t limits, remove lools, and equipmenl. Provide site cleot, cleon, free of debris, and suitable for further St1e work operations. 10. Existing and p,oposed grades ore bosed on Survey by Gronberg &: Asscociotes doted 5-J0-03, updated 4-15-04. 11. Drainage information provided by Gronberg &: Associotes. Existing grades ore very flot in this oreo, and only slightly above the Ordinary High Water Elevation of Loke Minnelonko, Thus, there may be times when water moves slowly t~h lhe drainage swoles and d«lin lines, especially when lake Minnet011ko is higher than normal. ,...,..,_ IN' IIO'ITON (1f Ml. FFt'"90F\.OOA:£1.£VAnOH +t.:U.OSPROPOStDSPOfGRADCELEW,l'KlH ♦(9.:u.m) EXISTIIIG SPOT CRACt at\!IUl0N NOW 9.IRYl;rTQ8£YEllf1EDIKFlO..O ------,9JJ-----D:rSbtG COfT'(Ut l'ACN ~ ------g.J.1.,.&.----[laSTING n.000PLMt 0JH10UR "'°" SVR',tY 932 ,,., -OC><ro<M ---"""""" -••-••-••-••-PA0PERTT LlME 4-21-04 CllyofOmnoVarlanceAppbllon ,_ ""'· O'SHAUGHNESSY RESIDENCE STEPHEN STIMSON ASSOCIATES <> LANDSCAPE ARCHITECTS, INC 15 DEPOT AVENUE FALMOUTH MASSACHUSETTS phone 506 546 6119 fax 506 548 n1a ssa@cape.com ;::;a. I :: 04 I :;~;: I ~~~ by: SITE GRADING AND DRAINAGE PLAN L2.1 RUN DATE: 4/14/2004 38 1011723140012 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RP BURWELL & B E BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES AVES #201 MPLS MN 55431 38 1111723230009 PROP ADDR 1489 SHORELINE DR OWNER NAME R K NEWKIRK & N J NEWKIRK TAXPAYER R K NEWKIRK & N J NEWKIRK NAME/ADDR 1489 SHORELINE DR WAYZATAMN 55391 38 1111723230016 PROP ADDR 1480 GREEN TREES RD OWNER NAME C & S PLA TOU TAXPAYER CARL&SUSAN PLATOU NAME/ADDR 1480 GREEN TREES RD WAYZATAMN 55391 38 1111723320016 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATA MN 55391 38 1111723320019 ,p ADDR 1280 BRACKETTS POINT RD OWNER NAME JAMES V NYCE/BEYERL Y H NYCE TAXPAYER NAME/ADDR JAMES V NYCE/BEYERL Y H NYCE 1280 BRACKETTS POINT RD WAYZATA MN 55391 38 1111723320013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JOHN ~E TRUSTEE /,_;!/+-... ) Cv1Y'1·. TAXPAYER JO~3-0BLE NAME/ADDR 1200 BRACKETTS PT RD WAYZATAMN 55391 • J ti/ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 1011723140015 PROPADDR 1100 MILLSTON RD OWNER NAME RP BURWELL & EE BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES AVES #201 BLOOMINGTON MN 55431 38 l 111723230014 PROPADDR 1520 GREEN TREES RD OWNER NAME DD RYERSE JR & M L RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATA MN 55391 38 1111723320010 PROPADDR 1265 BRACKETTS POINT RD OWNER NAME ROGER D O'SHAUGHNESSEY TAXPAYER ROGER D O'SHAUGHNESSEY NAME/ADDR 10562 ESTATE DR EDEN PRAIRIE MN 55347 38 1111723320017 PROP ADDR 1300 BRACKETTS POINT RD OWNER NAME GEORGES PILLSBURY ET AL TAXPAYER GEORGES PILLSBURY NAME/ADDR 901 MARQUETTEAVE#2630 MPLS MN 55402 38 1111723320020 PROP ADDR 1400 BRACKETTS POINT RD OWNER NAME JAMES R & MARY J JUNDT TAXPAYER NAME/ADDR JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD WAYZATAMN 55391 38 111172332000] PROP ADDR 1200 BRACKETTS POINT RD OWNER NAME JOHN c~· E TRUSTEE TAXPAYER JOHNC\.....OB E NAME/ADDR 1200 BRA TIS PT RD WAYZATAMN 55391 H + ,_ ~ 1 38 1111723230008 PROP ADDR 1491 SHORELINE DR OWNER NAME JANET C KIERNAN TAXPAYER JANET C KRIER NAME/ADDR 1491 SHORELINE DR WAYZATAMN 55391 38 1111723230015 PROP ADDR 1510 GREEN TREES RD OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATAMN 55391 38 1111723320015 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME DD RYERSE JR & M L RYERSE TAXPAYER DORANCEDRYERSE NAME/ADDR 1520 GREENTREES RD WAYZATA MN 55391 38 1111723320018 PROP ADDR 1220 BRACKETTS POINT RD OWNER NAME JULE M HANNAFORD IV ET AL TAXPAYER JULE M HANNAFORD IV & NAME/ADDR ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATA MN 55391 38 1111723320021 PROP ADDR 1200 BRACKETTS PT RD OWNER NAME JOHN C NOBLE TRUSTEE TAXPAYER NAME/ADDR JOHNCNOBLE 1200 BRACKETTS PT RD WAYZATAMN 55391 PAGE: l m ,s::::~tJ ('~ ) C"''·:::. \ ;,; ·:.J t Jt t, . ·_;;- ~J ·._:-. C:.,c:,,f I I.· ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1 (we) J"l;\,l~ \--Bt/+Slf t-f a.,vivta..}"ovJ of {'Z, Z,D T? 1?Ac.-{c~f s ·P-+ ~ [print name(~)] [print address] have reviewed the plans fo/j;e proposed improvement or proposed use oft,! p;!/orty located at l2:4'!, 8't'IC~lr:!t .also referred to as Land Use Application No.O • Jj.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. PropeQ~, (,vi . · l~~r l~ S -Cr O '/ Property Owner (j Date *********-lrlt:**trlt:****************'lrlc**********************************************************~**************** If · you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. F ----··· ~ .. -.~ .. -· -.~ ....... __ .. -.-. ADJACENT PROPERTYj'WNERS' ACKNOWLEDGEMENT FORM . I (we) /4 ~'fi,9'-~ "-' "-/?uA ~ of (I tTO 7 1'-// I~ d., ~t name(s)] [print address] ;£;crno1 ~ C?55t I RECEIVED MAY O 7 2004 ; CITY OF ORONO l' ~ have reviewed the plans fo:1he proposed improvement or proposed use oft~ p ~rty located at l2.'6 &IIC~~t[also referred to as Land Use Application No.O~•~J.2. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~ e fLr ~dffecf ' -J ~lL d w, ~ szf:_ &d operty Owner Date . *********-lrl:**~**********1rk***'lrlrlt:********************************'lrl:************************1rlr**************** If you have any information that may assist the City in the review of this Land Use Application, please .submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ----· .-.. --·0' --. -,.___·~-~ (1J) Hennepin County Taxpayer Services Department I , I I I I GR~ I I I I I I I I I I I I I I ' ' " : "' (10) i\ \ \ \ " ' ~~ ,r----------'""t'-....... ~~ I I ..,,,,,....,,,......,':.';,~~~~~7!-,:/Jl --,-----s,on,· I I I I ··.··•· .. H.ou.~·~···•··N.Jrn.ber ... 126!i .. ··•·.··· ···•···•·•·····•.·•.• .. ·• :·····•···.•·•··.•······ .•••...•.•• c, ... •\;• .. ••· < Street N~m~ BRA.CKETTS·'.~0•1NTR 'This)s riCJf ~ ;fega/lyr~~orcJJd rn~P. It repres~~fS·•a cotnpilation ~f irif6rm;tiori' i aqd data from:City, County, and State roa.d authorities .and other sources.' Ma~ 11 2004 9:31 •/I• Bonestroo f:IRosene ~ Anderlik & 1 \11 Associates Engineers & Architects May 11, 2004 Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 BO~~STROO ROSENE ANDERLIK 6~1 6361311 2.335 West Highway 36 • St. Paul, MN 55113 Office: 651-636·4600 • Fax: 651-636-1311 www.bonestroo.com Re: 1265 Bracketts Point Road File No. 139-04-000 Plat No. 04-3012 Dear Melanie: p. 1 We have reviewed the proposed site p]an for 1265 Bracketts Point Road. The proposed jmprovements include the construction of a new home including site grading and retaining wall installation. We have the following comments with regards to engineering matters; • The proposed site plan includes a storm sewer system that promotes infiltration. The system includes drain tile and an infiltration area. The project narrative describes the creation of a native floodplain shrub and grass buffer along the shoreline 7 5-foot setback. These improvements are environmentally friendly and follow recommendations set forth in the City's Surface Water Management Plan. We would encourage the city to promote this concept on this site and wherever else possible. • The plans should include the sanitary sewer stub location to the property: • Retaining walls that exceed 4-feet in height require a separate engineered design submittal for review and approval. • Plans should be submitted to the Minnehaha Creek Watershed District for review and approval. If you have any questions please call me at (651) 604-4863. Yours very truly, BO~ESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~7~ Tom Kellogg Cc: Greg Gappa, City of Orono • St. Paur, St. Cloud. Rochester. Willmar, MN• Milwaukee. WI • Chicago, fl Afflrmarlve Action/Equal Opportunity Employer ""d Employee Owned I I I I I I I I I I I I I I I I I I . . ,/ .· ! ,;, ·'/ I / r! I I / I I I (h I . -A--J I Ck:J.-------tb __ _ ·-----·-·-~ V.AJ / 1 / ~ STEPHEN STIMSON ASSOCIATES LANDSCAPE ARCHITECTS 15 DEPOT AVENUE FALMOUTH MA 02540 508 548 8119 FAX 548 7718 SSA@CAPE .COM REMOVE EXISTING DECK 490 SF / NATIVE FLOODPLAIN SHRUBS, TYP. REPLACE EXISTING LAWN W/ NATIVE FLOODPLAIN GRASSES AND SHRUBS -~-··.-·< <•. "\ '· -?--,~~-{/ >··-. . 1\ \. ··_.•.·.//·.•. \ ' , , ' I '--, .... ; ·>:__; . ,· ) \. ---.....______-. ) _\_~\--:--- / (-----f----- 1 I C/J lo STONE RETAINING WALL / ·.•-' ✓ ••• J •L {'. t j~· , .. " In REPLACE EXISTING LAWN W/ NATIVE FLOODPLAIN GRASSES AND SHRUBS --. .... . ..... ..... --. ;,-~:-.......... ..i~ 'l· ..... _ -...... _ --. ..... --- I -~ / ;,· / I, I / .. -:·. lo.. /· ..... -- ', r,, --. O'SHAUGHNESSY RESIDENCE SCALE : 3/32"=1'-0" DRAWN : KB BOARDWALK OPTION / 5-14-04 L 1.0 j fl j Bonestroo 9 Rosene ~ Anderlil< & 1 \j 1 Associates Engineers & Architects May 11, 2004 Ms. Melanie Cmiis Planner C ity of Orono Post Office Box 66 Crysta l Bay, MN 55323 35 West Highway 36 • St. Paul, MN 55113 , d' I Office: 651-636-4600 • Fa x: 651-636-1311 www.bonestroo.com Re: 1265 Bracketts Point Road File No. 139-04-000 Plat No. 04-3012 Dear Melanie: We have reviewed the proposed site plan for 1265 Bracketts Point Road. The proposed improvements includ e the construction of a new home including site grading and retaining wall installation . We have the following comments with regards to engineering matters: • The proposed site plan includes a storm sewer sys tem that promotes infiltration. The system includes drain tile and an ·infiltration area. The project narrative de scribes the creation of a native floodplain shrub and grass buffer along the shoreline 75-foot setback. These improvements are environmentally friendly and follow recommendations set forth in the City's Surface Water Management Plan. W e wo uld encourage the city to promote this concept on this site and wh erever else possible. • The pl an s should include the sanitary sewer stub location to the prope1iy. • Retaining walls that exceed 4-feet in height require a separate engineered design s ubmittal for review and approval. • P lans should be submitted to the Minnehaha Creek Watershed District for review and approval. If yo u have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~;;~ Tom Kellogg Cc: Greg Gappa, City of Orono • St. Paul , St . Cloud, Rochester, Willmar, MN • Milwaul<ee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer a nd Employee Owned ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) 0 "12 rft er~c:. J;. of Lfi2£2 Gray ·Jr~e-,; &} [printa;,;(s)] [print address] have reviewed the plans fo~~e proposed improvement or proposed use oft~ p rgp!rty located at l~4s!! .B,:t11q~TI:!tt['also referred to as Land Use Application No .0~•~/..2.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires C uncil approva Dat¢' ***irl.****-Jrlc**1:-ldrjr**-irlt****-lrl:***'lrlrl:********************************'lrlc************************irlr**************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. F .) ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)Mt3r\/ J oa/1 vi J(;(nJf of i'/IJO B/JaGkt#3 fl-1-./Jd. {print name(s)] [print address] have reviewed the plans fo:the proposed improvement or proposed use of t'1; p~rty located at l2:'9S 8B11Ct<,t~t['also referred to as Land Use Application No.0~•~/..2.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date *********1rlr**~k"k**~****1rk***1rlrl:*********************************************************-lrk**************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. , . i · I ~ [ ! ~ ·., I: ----...... ----·.~-~ .. ,::~.-.-- ; have reviewed the plans fo:the proposed improvement or proposed use oft~ p~rty located atf~'6 BRltq~~/T.also referred to as Land Use Application No.0~•~/.:2.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. *****irlr**-k-k**#rl:H**tt****-k'lr***'lrlrl:*tri:*********************-Jrli:*-irlt:***-lrli:************************-lrlrlt*************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. too - •· ~li1Po//~r~~;;u~ +&-Ur~/ ······· ........ . /4~ ~t_u-JL~ F . . . .. • •... . .. -:-: '-· ·-•,. ,.,.~_..,..: have reviewed the plans fo~he proposed improvement or proposed use oft~ p~rty located at 1~'9!> .8R'1Qt<,t1T.;!ttr."also referred to as Land Use Application No .Oz:•~l;2.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. *********-lrl:****trlc********"lrk***'lrlrlt********************************YMr************************~**************** If · you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. - F ----..... •. ····.--~ ~-¼! May 17, 2004 Roger O'shaughnessy 10562 Estate Drive Eden Priarie, MN 55347 Mark Gronberg Gronberg and Associates, Inc 445 N. Willow Drive Long Lake, MN 55356 Re: 1265 Brackets Pt. Rd., Orono MCWD permit 04-210 Dear Applicant: We have received your application for a permit from the Minnehaha Creek Watershed District (MCWD. Per a recent Rule A amendment and Board resolution to allow staff to issue all permits except those applications where a variance or an exception to a Rule is requested under Rule I, according to the preliminary review of staff the proposed project will not require the approval of the MCWD Board of Managers. The required public notice was mailed by MCWD on May 10, 2004. The 14-day comment period for the public notice will end on May 24, 2004. At the end of the comment period and after staff has determined the permit application to be complete, in compliance with all rules which apply to the project, the permit will be approved. Upon the District approval of your permit you will receive written notice that the permit was approved which may include conditions of the approval that will need to be complete prior to the permit being issued. Permit conditions include but are not limited to the reimbursement of mailing cost, reimbursement of the cost of district staff time and engineering services and submittal of a declaration for the preservation of wetland buffers and/or stormwater facility maintenance where applicable. To complete you permit application please submit the following information: Rule C: Floodplain Alteration • Clearly identify on the plan the areas of floodplain fill and floodplain mitigation and provide cross sections for the areas of floodplain mitigation As we review your submittals, we may find the need to request additional information, and will so inform you. If you have any questions please call Renae Clark at (952) 471-0590. Sincerely, Renae Clark District Technician RECEIVED MAY 1 4 ,UU4 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM CITY Of ORO I (we) ~n~~M~fue /~f ,4q, -S#-0 Rt1--t'1()i;;-o f2 , No [print name(s)] [print address] have reviewed the plans fo:the proposed improvement or proposed use of ti]; p~rty located at f2.'6 B,t'fql<,l7f.;!tl['also referred to as Land Use Application No.0~•~/.2. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~AJ*~~ Pro pert~ Date I I Property Owner Date *********-lrlt:**-lrlt:~**-irlt:****"lrlr***'lrlrlc************************-irlt******-lrlr************************'lrk**************** If · you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days _ ... :-.-'--"-L-.---t.... ...... ..J, ,1-...J ---~!--_,_ ... _ ADJACENT PROPERTY OWNERS 1 ACKNOWLEDGEMENT FORM 1 (we) ]<a1/1«1le-ne✓ NWJ~ of J48q l-Jb~ Dr&,vv [print name(s)] [print address] have reviewed the plans fo:the proposed improvement or proposed use of ti]; p:-:rty located at l~'5!, 8R'lei<,a7f4!!tr."also referred to as Land Use Application No .O~•~J.2.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date *************~'lrlr**-lrl:****"k"k***'lrlrlr********************************-irlr************************-lrlt:**************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED JUN O 8 200 CITY OF ORONO ' ,- - F ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) :r Q.\ro .a.~ :C B '-V v\ y Ny C «-of Ila 0 \j :-'t>..c,\s-d:\ S Po 10± [print name(s)] [print address] have reviewed the plans fo1Jrie proposed improvement or proposed use o~~~y located at 12.'6 8'111C~7r.;!. tr.also referred to as Land Use A11s!~ati9U~~~~sd0Jd I (we) un~~;~~~,lU~JA~ls»a~iT!J~?i6 6 u~E8fJ:!,J}t'~J~Mt~1JrJ~t,~,efaJr.iY! tJlUl~M~q~ declare 9!;',P.rox~~'·or Wsa :foVa 1Re t¥gr use f>'lif'mefe'!yio8bt!n'ffrffl~P~MPctt1ricb~~ that I ~ej~M~~~ !§r~ Wr\pR . M f'pf~%Q~e'~@d ~l!l~r~ ~eet'hr> use requires Council approval. ·peo~ lU!Od spoou pue ( aouap,sqJ aOAN) lU!Od s»a)fOBJ8 08l ~ JO ap,s L.nnos a4l uo A sau6ne4s,O p~O&Jd) lU!Od Sll9)fOBJ8 99l ~ jo JaUJOO lS~a4lnOs a~ lU!O ~)fOBJS JO UO!lJOd pauMo UMOl a4i 6uo1e a6eu,eJp ON S! aJa41 ~~ c....e__ s--~ --o ' . . 1U!Od 1a)f:Je.J&c§BZ 1,. 1e pa1e OJ a 0.1 JO 1uawaAo.J W! pasodo.id at11 .JOJ sueJd L/1!M u.1a:,uo:,;anss1 1e11ua1od *********lrli:**'lrktrk**-lrlt:*********'k1rl-********************************-lnr************************1rlr**************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ' ,. F Potential issue/concern with plans for the proposed improvement of property located at 1265 Bracketts Point Road. There is NO drainage along the town owned portion of Bracketts Point Road at the southeast corner of 1265 Bracketts Point (proposed O'Shaugnessy Residence). During rain storms water accumulates in the prairie restoration area on the south side of 1280 Bracketts Point (Nyce residence) and floods Bracketts Point Road. Concern is that the relocation of the driveway plus locating a significant portion of the house and patio to the south east corner of 1265 Bracketts Point will significantly increase water runoff and flooding of Bracketts Point Road and property at 1280 Bracketts Point. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)-----'-~--------'---of _______________ _ [print name(s)] [print address] have reviewed the plans fog;e proposed improvement or proposed use oft,! p~rty located at 16'6 Blt'IO~TT.;!t ,also referred to as Land Use Application No .O • i:L. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. i£fht )/~-/Jf o/ D 6 c.f r- {J -3 , -6 *********-lrl:**·lrldrlt**-lrlc****-lrlt:***'lrlrl(********************************-lrlr************************"lrk**************** If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. RECEIVED MAY 1 7 2004 CITY OF ORONO = i F JOANN JUNDT SOUTHWAYS 1400 BRACKETTS POINT ROAD WAYZATA, MINNESOTA 55391 May 17, 2004 TELEPHONE: 952-473-9524 FACSIMILE: 9S2-473-7775 Planning Commission City of Orono POBox66 Crystal Bay, MN 55323 Ladies and Gentlemen: Jim and I have been sent the proposed plans for the new residence to be constructed by the o~shaughnessys at 1265 Bracketts Point Road. neighbors_ attention: We welcome them to Bracketts Point and will be glad to have them as We have two concerns on their proposal which we would like to bring to your Access to the new house is shown on the southern portion of the property and has been moved from the current access which is on the eastern side of the property. We are concerned about the safety aspects of an access on the comer. While there is not substantial traffic generated by the residents further down Bracketts Point Road, there is substantial sightseer traffic on Bracketts Point Road, particularly in the summer. It is not unusual to have 20 to 30 cars a day driving the ex.tent ofBracketts Point Road and turning around at the end of Bracketts Point Road where it turns into the Reed driveway. Will the stone wall landscape feature i\lter existing drainage patterns? We have substantial plantings in the northern portion of our property which might be endangered if normal drainage patters are interrupted. The southern portion of the O 'Shaughnessy property and the northerly portion of our property were lake and swamp areas which were filled by fonner owners. We have attached to this letter information from the Hennepin County website which shows the approximate location of the fill areas. We have no objection to the stone Planning Commission City of Orono May 17, 2004 Page2 landscape features so long as water is permitted to flow into Lake Minnetonka as has historically been the case. I regret that we will not be able to attend the Planning Commission meeting this evening. Please contact me if you would like additional information on our concerns. /cfg Enclosure cc: Roger O 'Shaughnessy Ml:1102589.01 Sincerely, Jr:= 9~ Hennepin county, MN Click on map to view infonnution on adjoining properties Scroll down to see property address, value & tax info ■ wt update: 516/2004 at 1;00 PM READ IMPORTANT DISCLAIMER INFORl\1.ATION BELOW Property ID Property Address 1265 DR.AC~BTTS POIHT RD OR.ONO, Im 55391 Approximate Property Perimeter 1,913 ft. Marltet Value S 2,770,000 Approximate .l?rope:r:ty Area 144;491 sq.ft.= 3.317 acres Total Tax (2004} $ 24,800 .54 Click on Property Information Button below to view main tax: infonnation page for the propetiy you have selected I A The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division} at (612) 348~2618 or via e~mail at Bob.Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation . Date: 5/11/2004 To: Susan Steinwall Fax: 612.492.7077 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Re: 1265 Brackett's Point Rd -Roger O'Shaughnessy Sender: Melanie Curtis, City Planner YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952.249-4627. Susan, I submitted the plans to Tom Kellogg, our City Engineer for his evaluation and review. I have attached his comments herein. The Engineer's comments will be incorporated into my recommendation to the Planning Commission on Monday. I will also be emailing my final report to you today or tomorrow so you have additional time to review it prior to the meeting. A copy of my full report will follow in the mail to be sent on Friday (May 14). Thank you, Please call (952.249.4627) or email (mcurtis@ci.orono.mn.us) if you have any questions. ,~ ~<v(,~ l,~t' CITY of ORONO \. "1} ~o CRYSTAL;A~-MINNESBOX66 )~~ G o<?--Q ' OTA 55323 Q'\ v~ ,.,;. , iii:"': j?6 ~ ~-ij~~-= .. , .... :.~ ......... -.. ~-....... -:}, ... :, . 045J83075404 ~ g_ $0. 39Q 0 Q) C 01/05/2007 38 11-117-23 32 0017 GEORGES PILLSBURY 901 MARQUETTEAVE #2630 MPLSMl SARG90' FORWAR5 ssqn~so~i : SP,RGEf'l _Tp•1E E·:::.p ·" iCOS 20 60i cA~ls~~NAGEMEN~T~ To SENgi/io10 ~ MINNETON~A PKWY STE O , MN 55305 _ eoo -5 22.::; RETURN TO SENDER COi8 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #04-3012, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of May, 2004. Denise M. Leskinen I ' /' CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Plaiming Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, May 17, 2004, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: 1. #01-2671 2. #04-2974 3. #04-3002 4. #04-3006 5. #04-3007 6. #04-3008 7. #04-3009 8. #04-3010 9. #04-3011 Alistair and Karen Jacques, 645 Old Long Lake Road, RR -lB zoning district, request a lot area variance in order to construct a new residence on an existing prope1iy. Reliance Development Company LLP, NW comer of Willow Drive and Highway 12 (Outlet A, Stonebay), PIN # 33-118-23-11-0003, RR -lB zoning district, requests a commercial site plan review, rezoning, comprehensive plan amendment, and subdivision for retail development of the prope1iy. G & L Land Investment, LLC, 740 North Arm Drive, LR -lB zoning district, requests a conditional use pennit to conduct land alterations within the 0-7 5' lake setback zone. Aulik Company on behalf of Bartholomew and Elizabeth T. Butzer, 2625 North Shore Drive, LR -lA zoning district, requests a conditional use pem1it and hardcover variance in order to construct a new detached garage/recreational building to include plumbing. Harold and Mildred Bower, 1925 Lakeview Terrace, LR -lA zoning district, request a lot area variance and an amendment to the City Wetland Map in order to create a buildable lot. Steven Valek and Ralf Palmer, 4720-4750 Tonkaview Lane, LR -lB zoning district, request lot line rearrangements in order to create three taxable parcels where four taxable parcels currently exist, to create a new building site. James Loffler, 1690 Shadywood Road, LR -1 C zoning district, requests a hardcover variance to pennit 38% hardcover within the 75'-250' zone when 25% is nonnally allowed in order to construct a new residence on an existing lot. Theodore Capra, 3534 Ivy Place, LR -1 C zoning district, requests a hardcover variance in order to permit 31% hardcover within the 75'-250' zone when 25% is normally allowed and a hardcover variance and lake setback variance to permit an existing 60 s.f. shed to remain within the 0-75' zone all in conjunction with the construction of a new residence. Danielle Steele, 4050 Bayside Road, RR -lA zoning district, requests a variance in order to construct an accessory building closer to the road than the 10. #04-3012 11. #04-3013 12. #04-3014 13. #04-3015 14. #04-3016 15. #04-3017 16. #04-3018 17. #04-3019 18. #04-3020 existing residence and a front yard setback variance to allow it to be setback 7 5' from the front prope1iy boundary when 100' is norinally required. Roger D. O'Shaughnessy, 1265 Brackett's Point Road, LR -lA zoning district requests a hardcover variance for 1 % hardcover within the 0-75' lake setback zone, a variance to pe1mit a fence to be located within the 0-75' zone, a variance to allow retaining walls and grading to be conducted within the floodplain, and a conditional use pe1mit to allow chimney heights to exceed the 30' maximum height requirement. George Funk, 540 Old Crystal Bay Road, RR-lB zoning district, requests a conditional use pennit to allow plumbing in an accessory building. Timothy Powers, 3210 Navarre Lane, LR-lC zoning district, requests a rear yard setback variance to pem1it a rear yard setback of 25' where 30' is required and 25' cunently exists in order to construct a second story above the existing home. Robert Lund on behalf of William and B01mibel Byers, 1389 Orono Lane, LR-lA zoning district, request a hardcover variance for the 75 '-250' zone to permit 28% hardcover when 25% is normally allowed and 28% currently exists in order to construct an new attached garage. Henry Lasniarz of Wayzata Design and Development, 120 Brown Road South, RR -lB zoning district, requests approval for a 7-lot Pla1med Residential Development subdivision of this 20 acre property. Sprnce Hill Properties, 3775 Bayside Road, LR-lA zoning district, request lake setback, hardcover, and front yard setback variances in order to remove the existing upper floor, constrnct a new½ story and change the roof line in conjunction with a major remodel utilizing the existing foundation and first floor walls. Kevin and Michele Krolczyk, 65 Cygnet Place, RR -1 B zoning district, request a lot area variance in order to constrnct a new residence on an existing lot. Wendy Sullivan, 325 Crestview Avenue, LR-lA zoning district, requests a lot area, lot width, and front, side, and rear yard setback variances in order to construct a new residence on an existing lot. Mike Keaveny on behalf of Richard M. Keaveny Rev. Trnst, 3425 Shoreline Drive, B -1 zoning district, requests a commercial site plan review in order to conduct improvements on site and a conditional use permit to operate a Class I restaurant. 2 All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by May 10, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commis~,/' q7i~~/~~ Michael P. Gaffron, Planning Director To be published the week of May 2, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navan-e Post Office 3 RUN DA TE : 4/14/2004 38 1011723140012 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME RP BURWELL & B E BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES A VE S #201 MPLS MN 55431 38 1111723230009 PROPADDR 1489 SHORELINE DR OWNER NAME R K NEWKIRK & N J NEWKIRK TAXPAYER R K NEWKIRK & N J NEWKIRK w· 't:.:/ADDR 1489 SHORELINE DR WAYZATA MN 55391 38 1111723230016 PROPADDR 1480 GREEN TREES RD OWNER NAME C & S PLA TOU TAXPAYER CARL & SUSAN PLA TOU NAME/ADDR I 480 GREEN TREES RD WAYZATAMN 55391 38 1111723320016 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATAMN 55391 38 1111723320019 PROPADDR 1280 BRACKETTS POINT RD OWNER NAME JAMES V NYCE/BEYERL Y H NYCE TAXPAYER JAMES V NYCE/BEYERL Y H NYCE NAME/ADDR 1280 BRACKETTS POINT RD WAYZATAMN 55391 38 1111723320013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JOHN C~E TRUSTEE TAXPAYER JO~~LE NAME/ADDR 1200 BRACKETTS PT RD WAYZATAMN 55391 i-j I 'l-~ •· ,:· l"J-,1' . (_vi, . i \(/ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 1011723140015 PROPADDR 1100 MILLSTON RD OWNER NAME RP BURWELL & EE BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES A VE S #201 BLOOMINGTON MN 55431 38 1111723230014 PROPADDR 1520 GREEN TREES RD OWNER NAME DD RYERSE JR & ML RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATAMN 55391 38 1111723320010 PROPADDR 1265 BRACKETTS POINT RD OWNER NAME ROGER D O'SHAUGHNESSEY TAXPAYER ROGER D O'SHAUGHNESSEY NAME/ADDR 10562 ESTATE DR EDEN PRAIRIE MN 55347 38 1111723320017 PROPADDR 1300 BRACKETTS POINT RD OWNER NAME GEORGES PILLSBURY ET AL TAXPAYER GEORGE S PILLSBURY NAME/ADDR 901 MARQUETTE A VE #2630 MPLS MN 55402 38 1111723320020 PROPADDR 1400 BRACKETTS POINT RD OWNER NAME JAMES R & MARY J JUNDT TAXPAYER JAMES R & MARY J JUNDT NAME/ADDR 1400 BRACKETTS POINT RD WAYZATA MN 55391 38 1111723320001 PROP ADDR 1200 BRACKETTS POINT RD OWNER NAME JOHN ce:· · E TRUSTEE TAXPAYER JOHN CINOB E NAME/ADDR 1200 BRAC TIS PT RD WAYZATA MN 55391 38 1111723230008 PROPADDR 1491 SHORELINE DR OWNER NAME JANET C KIERNAN TAXPAYER JANET C KRIER NAME/ADDR 1491 SHORELINE DR WAYZATAMN 55391 38 1111723230015 PROPADDR I 5 IO GREEN TREES RD OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATAMN 55391 38 1111723320015 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME D D RYERSE JR & M L RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATAMN 55391 38 1111723320018 PROPADDR 1220 BRACKETTS POINT RD OWNER NAME JULE M HANNAFORD IV ET AL TAXPAYER JULE M HANNAFORD IV & NAME/ADDR ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATAMN 55391 38 1111723320021 PROPADDR 1200 BRACKETTS PT RD OWNER NAME JOHN C NOBLE TRUSTEE TAXPAYER JOHNCNOBLE NAME/ADDR 1200 BRACKETTS PT RD WAYZATA MN 55391 PAGE: l m i::trr;:=t!Jztr·l C,<,C-:~( \ .. ,..,. r1 y r, : .. _, \,:-: C::.·t:,,F (2-::-..~/ RUN DA TE: 4/14/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICE,; OOPAR~ OF MY KNOWLEDGE AND BELIEF. '{ I u 'f • DATE -7 ~ BY . '-::; PAGE: 2 /.;· CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planni.ng Commission will hold public ·hearings in the 0,rono Council Chambers at 278d ·Kelley Parkway on hardcover variance for 1 % hardcover within the 0-75' lake setback zone , a vari• ance to permit a fence to _be located with· in the 0-75' zone, · a variance to allow retaining walls and grading to be conduct- ed within the floodplain, and a ·conditional use permit to allow chimney heights to exceed the 30' maximum height require- ment. '""Mllrrctay,•May·17, 2004;·beginning·at-6 :00""----·"""1't. #04-30l3 'Geotge ·Funk; 540:Old ,>-,m-, on the matter cit reviewing-the follow•-· -Crystal Bay Road ,. Rfl -1 B zoning dis- ing land use applications: trict, -requests. a conditional use permit to allow plumb\r\g in an accessory-building . , 1 .. #01-2671 'Alistair' 'and Karen · <··c.· ·, · . >.:··· ·-,·:;.•~··. ···•· ·'" ·.'.:,:.(<_: ' Jacques, 645 Old .Long Lal(e· Road , RR . 12 .. #04-3014 Timothy :Pciwers,,,3210 -1 B zoning district, re)(!Uest a"'.loi ·area Navarre Lane , LR _,::<f¢ lzoning 'distri9t, variance j_r,:i orde(tq,,con·struct a new· resi-.' requests a rear yard ·,seftiack 'va(iance to dence_,<;JQ J ~ existing pr~p;rty,, · · ·. 'pe'rmtt'a rearw ard •setbabk of ,25' wt,ere. :, ,~.:,,, ' . . . ,-'30' is r equired and 25' ~lirrently exi~ts i_r\'' 2 . #,Pf!f,29~4 R\)liance Developr:nent ,,'.. orde /_"to cl:lnstruct ~ second, st~ry)1tiove Company ','l.L~j Nl)~aV:r;;;.:~~u·z:1":ot r. t~~'~!!\S!i~t:~~:e:-;:/: ; . . ,, ?,/;~ ;,; ::, f 11~;23· 11 '0003', ;flR ';~ , ,,: ' , 13. ~04-3015 Robef1.l:ur')'c:l .1bfl''behalf quests a :·conimer-:. of William\ ancl ·. Borinibel'; Byers, .1389 tezoning, 1compre-. Or'orio -lane/ Li'l -.'rA· 'zoning., district, t, and subi:liv\ston request.a ·hardcover variance foh ti~'.:1s•'. f)h~,prop~f ty• :· . 250\~o.~!3 ,fo ,permit 20·•;~ tiard~~'v"e\'-w~~n . •• "'!;f;,";5i, . :.: · ... . . . 25% .i&-'normally allowed .' and 28% ·cur-· 3. #04-3002 G & L' Land lmfostment, rently' exists in order-to construct an new ·LLC, 740 North ,Arm brive'.,LR -16 zon-attached garage. ' ing district, requests a ccirn;Jitional use · permit to conduct 'land alterations within . 1 'f. #04-3016 Henry Lasniarz of the 0-75'-lake setba~k zone . · , . · ·Wayzata Design and Development,. 120 4 . #04-3P0!?,. l\ulik Company on behalf of Barthg)(!til~W and Elizabeth T. Butzer, 2625 North -Shore Drive, LR -1 A · zoning district, requests a conditional use permit and hardc,o.v13r variance in order to construct a new ~lltached garage/recre- ational building to •.iricfude plumbing. · 5 . #04-3007 Harold and Mildred Bower,-1925 LakeyiewTerrace, LR -1A • zoning district, ·reque~ a lot area variance and an ~mendment fo the City Wetland Map -in order to create, a buildable lot. "'1_!7 ~ .... , ......... ,··. • .• 6. #04-3008 ··0 Steven Valek and Ralf Palmer, 4720-4750 Tonkavlew Lane, LR. -1 B zoning district,' request lot line rearrangements in·.order to ·create three . taxable parcels -~l'ihere four taxable · parcels currently exist, to create a new building site , Brown Road South, RR -1 B zoning dis- : trict;requests approval for a 7-lot Planned ····,Residiintial Development subdivision of tht! ·2:0 acre property. . . · 15. #04-301.7 Spruce Hill Properties, 3775 Bayside Road, LR -1 A zoning dis- trict, ~eque~t lake setback, hardcover, and front yard setback variances in order to remove the exisiing upper floor, construct a new '_ story' and change the roof line in conjunction with a major remodel utilizi.ng the existing foundation and first -. floor walls .. -16. #04-3018 Kevin and Michele Krolczyk, 65 Cygnet Place, RR -1 B zon- . ing district, request a lot area variance in , order to construct a new residence on an existing lot. . 17. #04-3.019 Wendy Sullivan, 325 Crestview Avenue, LR ·-1.A zoning dis- 7 . #04-3009 James Loffler, 1690 trict, requests a lot area, lot width , and • Shadywood Road , LR -1 C zoning dis-front, side, and rear yard setbi!,Ck vari- trict, requests a hardcover variance to · ances in order to construct a new resf- permit 38% hardcover within th·e 75'-250' · dence on an existing lot. zone when 25%. is normally allowed in order to construct a new residence on an existing lot. 8 . #04-3010 Theoc::iore Capra, 3534 Ivy Place, LR -1 C zoning district, requests a hardcover variance in order to permit 31 % hardcover within the 75'-250' zone when 25% is normally allowed and a hardcover variance and lake setback vari- ance to permit an existing 60 s-.f. shed to remain within the 0-75 ' zone all in con- junction with the construction of a new -residence. · · 9. #04-3011 Danielle · Steele, 4050 Bayside· Road, RR -1A zoning district, requests a variance in order to construct an acces.sory building closer fo the road · than the "existing· residence and a front yard setback Va'riance to allow it to be set- back 79~from th~, fro.nt property boundary when \~°'~l_s . no_rmally required. ., 1 O:• ·. #04-3012 Roger D. O'Shaughnessy, 1265 Brackett's Point Road , LR -1 A zoning district requests a 18 . #04-3020 Mike Keaveny on behalf of Richard M. Keaveny Rev. Trust, 3425 Shoreline Drive , B ·-1 zoning dis- trict, requests a comm_ercial site plan · review in order to conduct improvements on site and a conditional · use permit to operate a Class I restaurant. All persons wishing to be heard are · encouraged to attend this meeting. Written comments are · accepted and : should be submitted to the City of Orono by May 10, 2004. Plans are available for review in the City Offices. For an apppint- ment, please call (952) 249-4600. City of Orono By: Planning Commission · Michael P. Gaffron, Planning Director (Published in The Laker and Pioneer May 1, 2004) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended . B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks . It was first published Saturday the _l _ day of __ M_a~y.__ ____ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 200~; 4 c,7 /l',,, '1//v?L---c / tholized Agent Suscribed and sworn to me on this __.1__ day of .,---'-'M\""-ca.Y..L--.. ____ , 2004. By ~t~ Notary Public r <=,· .;i:,~:11:;~~,~~!·:f~o5 -1~,:>:.-~ ::-"'°"'"'~-: '. ·'' :: "-".:,:O;o-~~-,?.;,3 .~ Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15 .50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch . Each additional successive week: $5.79. CITY of ORONO April 28, 2004 Roger O'Shaughnessy 10562 Estate Drive Eden Prairie, MN 55347 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #04-3012 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your application for a conditional use permit and variances for property located at: 1265 Brackett 's Point Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Monday, May 17, 2004. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner c: Susan Steinwall, Fredrikson & Byron P.A. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us : City of Orono Variance Application Street Address: ·Application# (J L/-30 / 'l Date .Receive<},; ULJU /)ll 2750 Kelley Parkway Orono, MN 55356 Amount Pr-i9 :~+z,(}i:J . ....:-. Staff: /Vl(/J1.J/J Iv . Fee : $600 Main: 952-249-4600 fax: 952-249-4616 Mailing_Address: . P .O. Box 66 Renewc;il-: ---;;:$-;;3-:::-:00~~----- After-the--fact: $1,200 Double Fee Crystal Bay, MN 55323--0066 This application form must be completed ln full. Ap~':cant will be notified within ·15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INfORMA ilON: Site Address: 1265 Bracketts Poin:t t Road Property Identification Number (PIN): 11-117-23-32-0010 (Attach leg a I description to application ifr.n~o-=;t--:i~n"-';cl-ud~e"'--d--:=--"'o'-n-=-:t~h=-:e'-. s-u:--. rv_e_y __ 7") ---~--------- Date Property Acquired (month/year):May 2003 □ Yes, I .own the adjacent parcels. Present use of property: ~ Residential □ Other ' · Zoning District LR-lA ---------- APPLICANT INFORMATION: (Complete legal na;-:-:es and marital status required for each int~rested party) Name: Roger D. 0'Shaughness:y (unmarried) · ' · Phone (home): ____________ Phone (work): (\f52) 935-1722 Address: 10562 Estate Drive, Eden Prairie, MN 55347 ~--"----------'---'--- Email: ctra:cy@cardinalc;orp.com Fax: (952) 935-5538 OWNER INFORMATION: (Complete legal names 2::d marital status required for each .interested party) Name: same as above · Phone (home): ____________ Phone (wo_rk): Address: Email: ____________________ Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets if necessary): $ t5v, OdU , o() (.,5~-k uJ~ ~) The Applicant seeks a variance from the City of Orono's Lakeshore Hard Cover and Land Alteration Regulations (Orono City Code at Section 78-282). That Ordinance prohibits excavating, filling, hard cover, temporary or permanent structures within 7 5 feet of the shoreline. The Applicant requests a variance from this requirement to permit construction of 1) slatted boardwalk to permit access from the house to the lake without disturbing an area to be replanted in native marsh and shore land vegetation thus eliminating the sod; and 2) a fence paralleling Bracketts Point Road at the south end of the site. In addition, the Applicant seeks a variance to allow grading and construction of retaining walls in the floodplain to facilitate on-site management of storm water runoff from Bracketts Point Road and the Applicant's property and to ensure that the Applicant will have access to his property during wet periods. Application# ___ _ Date Received ----Amount Paid ----CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1265 Bracketts Point Rd., Orono MN 55391 Type of Application to be Filed __ c_u_P_ch_im_ne_y_h_ei_gh_t _________ _ Property Identification Number (P.1.O.) ll-:-117-23-32-0010 APPLICANT Name Roger D. O' Shaughnessy Phone (home) ________ Phone(work) (952) 935-1722 Addressl0562 Estate Drive CityEden Prairie Zip_5_5_3_4_7 __ _ OWNER (if different than applicant) Name Roger O'Shaughnessy Phone (home) _________ Phone (work) _(~9_5_2.a_.) _9_3_5_-_1_72_2 __ _ Address same City _______ Zip ___ _ Date ~ Acquired May 2003 (month/year) I (do)~also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600.00 Institutional (church, school, etc.) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg ---$600.00 Commercial/Industrial Use ---$600.00 Land Alteration+ Permit --Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more __ Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule ---___ $250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation --- ---$600.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ___ $600.00 Rezoning (PUD -refer to fee schedule) ___ $600.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 6 REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. __ Describe request in detail. __ Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). __ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) 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 Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional s (staff time not covered by original fee payment) and/or unusual expenses incur · review oft ·s application, and certifies that the information su d is true and cor ct !!J e best is/her knowledge. / / • I Applicant's signature ~_-;-·,.:-_-,_'-"_ -::-~:·:\::::aol'"'--f_!-~_"",~~,=---,,~~~~~7--Date 't: ~ /o'-t OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this ap lication and further authorized reasonable entry onto the property by Cit staff, consultants, agents, commission members, and Council members for R ~ es of inve tigation and verification of this request. ~--/ Owner's signature ____:i[.__:::::.....,,"£..~:!!!J~~~~=!-~_1.._ .. _~':_~i:_~~-Date 4 21 )o ➔ Applicant must have all submit als into the City offices anning Commission Meeting. Planning Commission Meetings are held on the third nday of each mo . Applicants must be present at all scheduled review meetings of the Planning C mission and Cou ii. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of th is change prior to the meeting . i-,7 '. 7 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form , completed by a C ity Planner. . □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels ahd plat map . List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations . Also provide one copy 8.5'' x 11 " or 11" x 17'' for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations . Provide one copy 8 ~5" x 11" or 11" x 17" for reproduction. · □ Sketch.es or plans of floor and elevation views (provide one copy 8.5" x 11" or 11 " x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete a ication being aware that upon failure to do so, the staff has no alternative but to reje i unt I it i mplete or to recommend the request for den i al of the request regardless of tial · ·erit. / L Applicant's Signature: _-r_-_-....;;::=--=~ 1 ...._..-c;.__11.._ .. _•:i...,,.::_~~~~~~=---Date: "t _2 9 ~' f Applicant's Signature: . Date : OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and a ees to this application and further authorizes reasonable entry onto the property _by City ff, c~msultan agents, Commission & Council Members for purpo$eS of investi __§tion and verif I n f this r q, est. Owner's Signature: Date : Owner's Signature : Date : Applicant must have all submittals into the City o es 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally . held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plann ing Commission and Council. If an applicant is unable to attend a scheduled meeting·, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. \ CONDITIONAL USE PERMIT APPLICATION LIST OF LEGAL NAMES APPLICANT: Roger D. O'Shaughnessy RESIDENCE: 1265 Bracketts Point Road, Orono, Minnesota The applicant is also the owner of the property: Mr. O'Shaughnessy is not married. #2956464\1 Roger D. O'Shaughnessy 10562 Estate Drive Eden Prairie, MN 55347 Li Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): · 1. 2. 3. 4. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." See attached. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The variance is made necessary by the unusual configuration of lot especially at its southern end together with elevation and route of Bracketts Point Road. "The variance, if granted, will not.alter the essential character of the locality." The variance, if granted, will be consistent with the character of the locality. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." See attached. Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." 7. 8. Use is appropriate to applicable zoning. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." See attached. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." See attached. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The variance, if granted, will provide access to the lake, ensure driveway access during wet periods, manage stormwater effectively, and will provide for safety, security, and privacy. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The variance. if granted, will enhance environmental conditions and will provide for safety, SP.curity, and privacy. Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." See attached. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): See attached HARDSHIP STATEMENT 1265 Bracketts Point Road Boardwalk: The Applicant intends to replace the sodded lawn currently lying within the 75 foot shoreline set back area with a meadow consisting of native floodplain shrubs and grasses. The restoration of the shoreland setback area from sod to native floodplain shrubs and grasses will provide a buffer bordering Lake Minnetonka that will help protect water quality, stabilize the lakeshore bank, prevent erosion, and also assist in filtering out nutrients, sediments and other pollutants from entering the lake. The Applicant also seeks to maintain access to the lakeshore from his home. For that purpose, the Applicant proposes to construct a slatted wood boardwalk. The boardwalk will be suspended above the ground surface. The ground surface beneath the boardwalk will be stabilized with erosion control fabric to prevent erosion in those areas where vegetation is not expected to survive. For most of its extent, the boardwalk will be no greater than six feet in width. Near the lake, the width of the boardwalk will be increased up to 15 feet, to help facilitate transition to a dock, which is to be constructed in the future, and further protect the restored natural vegetation from "staging" activities near the lakeshore. If the variance were not granted, the Applicant would be unable to access the lakeshore without damaging the native floodplain grasses to be planted in the shoreline set back area. The variance is necessary to preserve the enjoyment of a substantial property right of the Applicant, i.e., access to and enjoyment of Lake Minnetonka, while encouraging the voluntary restoration of the lakeshore area to native floodplain grasses and shrubs. Given the substantial benefit that Lake Minnetonka will enjoy by this voluntary restoration, granting the proposed variance will not impair the public health and safety, but rather will serve to encourage such values. Fencing The Applicant proposes to construct a wire mesh fence along the portions of the property that fronts Bracketts Point Road and County Road 15. The purpose of the fence is to provide the Applicant with security for his property, privacy and safety for Applicant's grandchildren who will play on the property. Only that portion of the fence that parallels Bracketts Point Road will encroach into the shoreline set back area. This area is at the southerly end of the property and runs for a distance of approximately 56 feet. At the property lines that are "perpendicular" to the lakeshore at both the north and the south ends of the property, any necessary screening from adjacent roads and properties would be achieved through relatively dense plantings of native shrubs and trees, rather than with a fence. The requested variance is made necessary only as a result of the unusual configuration of Bracketts Point Road. To the south of the Applicant's property, Bracketts Point Road encroaches into the shoreline setback area and closely follows the lake shore. To be effective, the fence should not stop arbitrarily, but rather should be allowed to follow the entire length of the property as it follows Bracketts Point Road. Granting of the variance application is necessary to provide the Applicant with substantial enjoyment of his property by providing privacy, security and child safety. Retaining Wall and Grading. As shown in the topographical survey, the elevation of the southern half of the Applicant's property is below the surface elevation of Bracketts Point Road. As a consequence, street stormwater has traditionally drained onto the site. To provide stormwater rate control and water quality control, the Applicant proposes to construct a retention area (i.e., an infiltration area) in the southerly portion of .the property. On the easterly portion of the infiltration area (i.e., "upland" or towards Bracketts Point Road) a stone retaining wall will be constructed to enhance the capacity of the infiltration area in a relatively flat portion of the site. A swale will be constructed to direct stormwater runoff from Bracketts Point Road and the property to the infiltration area. Because the topography in this area is extremely flat and only slightly above the Ordinary High Water Elevation of Lake Minnetonka, drain tile will be placed under the swale and retaining wall to provide minimal gravity flow (at 0.4% slope) into the infiltration area. No outlet directly into the lake is being proposed. The retaining wall will not encroach into the lakeshore setback area, although the grading to create the infiltration area will encroach. The infiltration area and swale will be planted with native floodplain species and it is expected that the vegetation will provide some degree of water quality treatment. In addition, it is necessary to elevate the area of the driveway in the floodplain so that the Applicant may access his property during wet periods or when the elevation of Lake Minnetonka is higher than normal. The mean high water level of Lake Minnetonka typically rises by at least 7 inches during the spring and summer. The elevated area of the driveway will be held by two retaining walls on either side of the driveway entrance from Bracketts Point Road. A culvert will pass beneath the driveway entrance and through the retaining walls to allow stormwater to continue to flow through the swale into the infiltration area. As shown by the attached Site Grading and Drainage Plan, the volume of fill in the floodplain will be compensated by the volume of the cut into the floodplain. The holding capacity of the floodplain, thus, should not be diminished, as demonstrated in the enclosed floodplain volume calculations. The topography at the southerly end of the site together with the configuration of Bracketts Point Road as it travels south necessitates that stormwater handling be addressed in this single family residential development. The proposed variance will not impair public health or safety; but rather is expected to advance environmental concerns by handling stormwater runoff from Bracketts Point Road in an environmentally responsible manner. Finally, by constructing the infiltration area together with the retaining walls and elevation of the driveway entrance, the Applicant's access to and enjoyment of his property will be enabled by treating and handling stormwater from the adjacent street in a controlled and environmentally responsible way. #2956541\2 SETBACK ZONE: (CIRCLE ONE) @ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = 550.1 S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE 550.1 S.F. A TOTAL PROPERTY AREA IN ZONE 49071.0 S.F. B A 550.1 B 49071.0 X 100 = 1.1 % SETBACK ZONE: (CIRCLE ONE) 0~15• ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk . X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = main 8703.7 S.F. Length Width X = shed 675.6 S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = 6911.2 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = hottub417.5 S.F. X = terrace/ste~s 3279.4 S.F. F. Landscape X = walls 2107.8 S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = pool 1092.8 S.F. TOTAL HARDCOVER IN ZONE 23188 S.F. A TOTAL PROPERTY AREA IN ZONE 95420 S.F. B A 23188 B 95420 X 100 = 24.3 % 11 Fredri/c son April 21, 2004 VIA MESSENGER Melanie Curtis City of Orono 2750 Kelley Parkway Orono , MN 55356 Re: 1265 Bracketts Point Road Application of Roger D. O'Shaughnessy Dear Ms . Curtis : f. : & BYRON, P.A. This letter is written on behalf of our client, Roger D. O'Shaughnessy. This package contains Mr. O'Shaughnessy's application for both a conditional use permit with respect to chimney height as well as his application for variances relating to the house to be constructed at 1265 Bracketts Point Road . With respect to both applications, enclosed please find the following : 1. Completed pre-application meeting form; 2. Our client 's check in the amount of $1,200.00 payable to the City of Orono ; 3. Certified property owner's list including, list, labels, and map for property owners within 350 feet ; and 4. Executed Data Privacy Advisory. By separate cover from Gronberg & Associates, Inc., you will receive: 1. Original certificate of survey (note that the legal description and required topography are included on the required survey); 2. Site grading and drainage plan; and 3. Floodplain volume calculations . 1./l -I .I .1 ', Attorneys & Advisor/ 200 South Sixth Street main 612.492.7000 Suite 4000 fax 612.492.7077 Minneapolis, Minnesota www.fred law .com 55402-1425 OFFICES: Minneapolis. London AFFILIATES: Mexico C ity, Warsaw, Montreal, Toronto, Vanco u ver I Melanie Curtis April 21, 2004 Page 2 With respect to the Conditional Use Permit application, enclosed please find the following materials. 1. Completed General Land Use Application; 2. Description of request; 3. List of legal names of all people with an interest in the property; and 4. Three copies of construction plans and one copy of same for reproduction purposes (11 x 17 inches or smaller). With respect to the Variance Requests, enclosed please find the following materials: 1. Completed Variance Application form; 2. Completed hardship documentation form; 3. Completed hardcover calculation worksheets; and 4 . One full sized copy of site section and site plans, including 30 color copies of all views in reduced format. There are a great number of persons assisting our client in submitting this application. For your convenience, you are welcome to contact me if you need any additional information. Thank you for your assistance. Very truly yours, ~i Susan D . Steinwall Attorney at Law Direct Dial: 612.492.7171 Email: ssteinwall@fredlaw.com SDS:jcs:2956434 Enclosure cc : Roger D. O'Shaughnessy (w/ applications and narrative only) Katherine Bennett (w/ applications and narrative only) Mark Gronberg (w/ applications and narrative only) Brett Baba (w/ applications and narrative only) LJ c.., ,, ,( __ 7 {I"') _J.~ c:•.-;:.r·:_g •• ,I -:---.::-.i Hennepin County Taxpayer Services Department I • I I ' ,.., ,.,.$' \ I 'i ~ 0 J....I c:,_, I ""-' ' I I I I I I GR~ I I I I I I I I I I I I I I ,r-----____:~ ..... ~~ I I I I I I 9, Pare· Information r .. , reel I 1 :111723320010 House Number 1265 Street Name BRACKETTS POINT R This is not a legally recorded map. It represen ts a compilation of information and data from City, County, and State road authori ties and other sources. CONDITIONAL USE PERMIT APPLICATION DESCRIPTION OF REQUEST APPLICANT: Roger D. O'Shaughnessy RESIDENCE: 1265 Bracketts Point Road, Orono, Minnesota The subject property is located in Zoning District LR-lA. Section 78-305 of the Orono Code requires that no structure or building in the LR-lA District shall exceed 2-1/2 stories or 30 feet in height, except as provided in Section 78-1366. Section 78-1366(a)(9) provides that the height of a chimney may be increased by conditional use permit by 50%. Under these regulations, the height of a chimney in the LR-1 A District may be increased up to 45 feet in height. The applicant seeks to obtain a conditional use permit that would permit construction of several chimneys at the Bracketts Road premises, none of which would exceed 40 feet, 8 inches in height, all as shown on the side view elevations. See, specifically, the height limit diagram. #2956464\1 I RUN DA TE : 4/14/2004 38 1011723140012 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME RP BURWELL & BE BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES AVES #201 MPLS MN 55431 38 1111723230009 PROPADDR 1489 SHORELINE DR OWNER NAME R K NEWKIRK & NJ NEWKIRK TAXPAYER R K NEWKIRK & N J NEWKIRK NAMF/ADDR 1489 SHORELINE DR WAYZATA MN 55391 38 1111723230016 PROPADDR I 480 GREEN TREES RD OWNER NAME C & S PLA TOU TAXPAYER CARL & SUSAN PLA TOU NAME/ADDR 1480 GREEN TREES RD WAYZATAMN 55391 38 1111723320016 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATA MN 55391 38 1111723320019 PROPADDR 1280 BRACKETTS POINT RD OWNER NAME JAMES V NYCE/BEYERL Y H NYCE TAXPAYER JAMES V NYCE/BEYERL Y H NYCE NAME/ADDR 1280 BRACKETTS POINT RD WAYZATAMN 55391 38 1111723320013 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JOHN C~E TRUSTEE TAXPAYER JO~LE NAME/ ADDR 1200 BRACKETTS PT RD WAYZATA MN 55391 J) c~•, HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LISf 38 1011723140015 PROPADDR 1100 MILLSTON RD OWNER NAME RP BURWELL & EE BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES A VE S #20 I BLOOMINGTON MN 55431 38 1111723230014 PROPADDR 1520 GREEN TREES RD OWNER NAME DD RYERSE JR & M L RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATA MN 55391 38 1111723320010 PROPADDR 1265 BRACKETTS POINT RD OWNER NAME ROGER D O'SHAUGHNESSEY TAXPAYER ROGER D O'SHAUGHNESSEY NAME/ADDR 10562 ESTATE DR EDEN PRAIRIE MN 55347 38 1111723320017 PROPADDR 1300 BRACKETTS POINT RD OWNER NAME GEORGES PlLLSBURY ET AL TAXPAYER GEORGES PILLSBURY NAME/ADDR 901 MARQUETTE AVE #2630 MPLS MN 55402 38 1111723320020 PROPADDR 1400 BRACKETTS POINT RD OWNER NAME JAMES R & MARY J JUNDT TAXPAYER JAMES R & MARY J JUNDT NAME/ADDR 1400 BRACKETTS POINT RD WAYZATA MN 55391 38 1111723320001 PROP ADDR 1200 BRACKETTS POINT RD OWNER NAME JOHN CE TRUSTEE TAXPAYER JOHN C OB E NAME/ADDR 1200 BRA · TIS PT RD WAYZATAMN 55391 38 1111723230008 PROPADDR 1491 SHORELINE DR OWNER NAME JANET C KIERNAN TAXPAYER JANET C KRIER NAME/ADDR 1491 SHORELINE DR WAYZATAMN 55391 38 1111723230015 PROPADDR 1510 GREEN TREES RD OWNER NAME GM DANKO & N R DANKO TAXPAYER GEORGE M & NANCY R DANKO NAME/ADDR 1510 GREEN TREES RD WAYZATAMN 55391 38 1111723320015 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME DD RYERSE JR & ML RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATAMN 55391 38 1111723320018 PROPADDR 1220 BRACKETTS POINT RD OWNER NAME JULE M HANNAFORD IV ET AL TAXPAYER JULE M HANNAFORD IV & NAME/ADDR ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATAMN 55391 38 1111723320021 PROPADDR 1200 BRACKETTS PT RD OWNER NAME JOHN C NOBLE TRUSTEE TAXPAYER JOHNCNOBLE NAME/ADDR 1200 BRACKETTS PT RD WAYZATA MN 55391 PAGE : 1 /.:;-'.:-:; ... \ 1~;-',~'I.;. rye~~ j ~ C;~-~ \, ) ... --·· ,.·• .,-~ C\;; '\ [·· }' it.• f ·. \..:.~ .-: ~ • RUN DATE: 4/14/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTM~ENT, TO THE BEST(L OF MY KNOWLEDGE AND BELIEF. 1/ / ._, i DATE -'1-0 _ BY • ---~-"'.,..---- PAGE: 2 DATA PRIVACY ADVISORY lri accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its · departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3 . The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license . 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Roger D. O'Shaughnessy First Middle Last 10562 Estate Drive Address Eden Prairie, MN 55347 (952) 935-1722 City Zip Phone \ 1 HENNEPIN COUNTY TREASURER A 600 Government Center Minneapolis, Minnesota 55487-0060 FEE TRANSACTION INVOICE Name Atsuko Mori Firm Address: Serviced issued by: David Yurich Fund 10 Account 44130 Center 671500 Invoice Number 2004 - No. of Units Rate Total Detail of service performed 1. 11 117 23 32 0010 2. Date: Make checks payable to Hennepin County Treasurer and mail or deliver to Fee Cashier, A 600 Government Center, Minneapolis, Minnesota 55487 -0060 FEE AUTHORITY 4/14/2004 The charges made hereon have been levied pursuant to Chapter 692, Laws of Minnesota,1969, which gave authority to the Hennepin County Board of Commissioners to set fees for certain services provided by departments of the county. Copy 2 -County HENNEPIN COUNTY TREASURER A 600 Government Center Minneapolis, Minnesota 55487 -0060 FEE TRANSACTION INVOICE Name Atsuko Mori Firm Address: Serviced issued by: Fund Account Center Invoice Number No . of Units Rate Total David Yurich 10 44130 671500 2004 - ~/'nit :i ~ Detail of service performed 1 . 11 117 23 32 0010 2. Date: Make -checks payable to Hennepin County Treasurer and mail or deliver to Fee Cashier, A 600 Government Center, Minneapolis, Minnesota 55487 -0060 FEE AUTHORITY 4/14/2004 The charges made hereon have been levied pursuant to Chapter 692, Laws of Minnesota,1969, which gave authority to the Hennepin County Board of Commissioners to set fees for certain services provided by departments of the county. Copy 1 -Customer _( - TRACKING SHEET FILE NO. 04-3012 Staff: ,\Ai ;\ev(A ' !. SITE ADDRESS: 1265 Bracketts Point Rd. Applicant: Roger D. O'Shaughnessy Address: 10562 Estate Dr. Owner: Roger D. O'Shaughnessy Address: 10562 Estate Dr. Eden Prairie, MN 55347 Eden Prairie, MN 55347 Meeting with Staff Date: 0? I lR ovt ~ Application Completed Date: tJ L/ '15(0 Y 60 Day: D 02-v:oy □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: (f✓\olP\D'"t Engineer _ County DNR MCWD LMCD ~ Property Owners Notified: Date: b 001t'V Y Legal Notice Published O0O1oy Date: ------- PC Meeting( s): Vote: ------------~------ Vote: ------------------- ¥ Notice of PC Action: __ _,.0'---'0"--'-1 CJ1-----'-----D_Y _____ ~~~~---l--l--ii ~ {iivl',i 4 -I a.. .,Of' rov-£- \ { 0 i=evtee... . 4 -l P.u-'( C . C .1 . ( ) n, n · 1., Ll V t c+IP_-l'l••i:t,Ju,_ 5 -o a.,-,,f'1>ve..-1ty ounc1 Meetmg s : V\X -I o e.Cv(,,..,ne'-t , L-V ( . C, -0 "-(f I~ ;g{ Resolution: Vote: ------------------ ----------'1 {J)py Ail (A){lr2~S forJDaJ [e 7 n>: 0 vS/f1J t;T8 ! N vv kU.. ~ p1 1U;;DrJ /4 f}'/ f.-DN P A · 1£D tbiD v TH '$ 1)(. n-:1 t;. 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