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Home My WebLink About Project PacketCITY OF ORONO #9-65 GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address �ZAn bv<<k 1fS four" No yl , Property Identification Number (P.I.D.) //-/1-i - 2 ) 2,Z- 0 D 0(0 Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ------------- -------------------------------------------------------------- APPLICANT b Name / ~/ L4 Phone (0I2'2 3 7r-> 033 �D Mailing Address 3 ZS MP S , MN _`; r--------------------------------------------------------------------------- �}O OWNER Name'-Wip S . �l ��5�'V�L�I�Ji" . Phone % 2j 8 22 3 ?Mailing Address ?15 Wad h0( /Zyac-% l ORONC, �M)q Late Property Acquired 1-Ju hi.- /-Iz lcle5 (month/year) I (d: (do not) also own the adjacent parcels of land. --------- •------------------------------------------..-------------------- FEES - CON' kIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PPD/PID - see fee schedule Other Applications $2',0.00 V'J("It ioll $250.00 Rezoning $ 100. 00 Appeals Other Rev fee .;('11f,du 14, PRMSENT USE OF PROPERTY Present Zoning District #965 Present Use of Property _- i Residential Other (specify) ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST rl 1 0 ii _ 14 ----af---!nlj1'x,VW —r P_ -IMkC — 7RBL'F -4tvC- is _�VST - z- L-c't t3t�v -------------------------------------- - REQUIRED SUBMITTALS 4/ i3E 1 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list f rom Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above l.st with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay al l fees anti/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of%his/her knowledge. / / Anplicant's signature --' ^�� G, ��`� Date _` 13` �S 7 2� , OWNERS SIGNATURE 1Lf 0 L'7V The owner hereby acknowledges and agrees to this application and further authorize•!, reasonable entry onto the property by City staff, consultants, agents, (()mnii,sion members, and Council members for purposes of investigation and vet if icat ion of this request. Owner's !..19nat ur4 _ Date I ---------------------------------------------------------------------------- Applicant must have all s-ibmittals into the City offices 25 days before the Planni nq Commission Meeting. Planning Commission Meetings are held on the third 4, ULV I LV kJ 1 L L-1" M y`i 5 J.E. ROMAIN 870 WINDJAMMER LANE MOUND, MN 55304 CARL PLATOU 1480 GREENTREES ROAD WAYZATA, MN 55391 CAT'HERINE T. ECKLUND 1200 BRACKET"I'S POINT RD WAYZATA, MN 55391 M1CIIAEL LYNN III 1265 BRACKET" 1'S POINT RD WAYZATA, MN 55391 MRS. GEORGE S. PILLSBURY 1320 BRACKE'I"I'S POINT RD WAYZATA, MN 55391 ELMER S. CONOVER 1489 SHORELINE DRIVE WAYZATA, MN 55391 R.H. EVANS JOHN S. PILLSBURY 1491 SHORELINE DRIVE 1300 TCF BLDG. WAYZATA, MN 55391 MINNEAPOLIS,MN 55402 #965 ,_ `. 0. d , J6 70 #S0 5 49G5 e6!L44A, 5L- r� #89 5 -t- 4r waft J.E. ROMAIN 870 WINDJAMMER LANE MOUND, MN 55364 CARL PLATOU 1480 GREENTREES ROAD WAYZATA, MN 55391 CATHERINE T. ECKLUND 1200 BRACKET"I'S POINT RD WAYZATA, MN 55391 MICHAEL LYNN III 1265 BRACKETTS POINT RD WAYZATA, MN 55391 MRS . GEORGE S . P I LLSBURY 1320 BRACKETTS PUINT RD WAYZATA, MN 55391 ELMER S. CONOVER 1489 SHORELINE DRIVE WAYZATA, MN 55391 R.H. EVANS JOHN S. PILLSBURY 1491 SHORELINE DRIVE 1300 TCF BLDG. WAYZATA, MN 55391 MINNEAPOLIS,MN 55402 #965 #9165 CITY OP ORONO NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, September 16, 1985 on the matters of the following land use applications: 1. #955 David M. Winton, 1780 Shoreline Drive - Conditional use permit for a guest house 2. #958 Vcuyager Service Center, Inc., 2420 Shadywood Road - Setback variance and commercial site plan review. 3. #959 George E. Johnson, 365 Old Crystal Bay Road North - Area variance for accessory structure. 4. #960 Lakeview Golf of Minnetonka, Inc., 409 North Arm Drive - Area variance for accessory structure. 5. #961 Lakeview Golf of Minnetonka, Inc., 409 North Arm Drive - After -the -fact conditional use permit required for land alterations irvolving the installation of drainage ditches and a retention pond. 6. 0962 Laurence C. Wade, 670 Old Crystal Bay Road Conditional use permit for nursery school. 7. #964 Stephen 6 Jan Watson, 880 Partenwood Road - Hardcover variance for proposed addition to principal structure. 8. $965 John S. Pillsbury, Jr., 1280 Bracketts Point Road - Conditional use permit to permit filling within 75 feet of the shoreline of Lake Minnetonka. 9. #969 Rolla Martin, 2675 Shadywood Rcad - Hardcover variance for propuE.ed tennis court. All persons wishing to he will appear at this time. Writ- ten comments are soliciteJ. Plans are available fcr review in ,-he City offices. City of Orono By: Planning Commission c•anr]f A. Mabusth, Zoning Administrator To be putsiished the week of ;�e pt-mbo r 1, 1985 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Teri Naab, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Nearinq concerning the matter of John S. Pillsbury, Jr.'s application for a conditional use permit to permit filling within 75 feet of the shoreline of Lake Minnetonka for property located at 1280 Bracketts Point Road (Zoning File No. 965), has been mailed to the attached property owners list on the 6th of September, 1985. In Witness Whereof, I have hereunto set my hand and seal this 6th day of September, 1985. w Te�rf Naah, Secretary CITY OF oftvNp #96 5 NOTICE Affidavit of Publication T1w Martnng Commisswn *.I, ho,d put,,.: 'iearwNP rl the CO:JnV1 Chambers nt till South erow, Road on Mond" Septembtr 1t 1986 on tilts ""~$ of the fOODwwp land Ube State of Minnesota Count of Hennepin Y P sporcMMM 1 NO ass Oratid M Wheel , 1780 Shaehne oaro—eeadiayumgi rtwfor sPsslhouse Bill Holm being duly sworn on oath Says that he is 2 1°o !M YOUVO r sernoi Center Inc 2420Madrwiid Rod-4111*16wh an authorized agent and employee of the publisher vrwvice And ooniifrircid we Pie, rerbt of the newspaper known as Tf IE LAKER, Mound, Min 3 w. ett e, vOt�r>'Ce f W 8C aon 3es od GYM so Few wrMmoo�—A1N � nesota. and has full knowledge of the facts which are ON"" tiff WWAM stated below • No MO 1irslrta Ood Of fMlnWOrMa Inc 4a mom Am a1Mt—AIM rrW" I- ✓tc No o "I WGoofk*V rorw Inn A 1 The newspaper has complied with all the re 40wnhArm D*A-MW4hWfoctcw,d1NWW quirements constituting qualifications as a qualified un to W1 reedW fer UM merowm nvcAv IV 00 VOWiM of 4<irt09r OkAn and a newspaper, as provided by Minnesota Statute rwaom rats 331 A 02. 331 A 07, and other applicable laws. as 4. w ON Larortoi C Waft WO Old amended orywfr OW nod—ftlntdriorr u" permit for MLOOrY pltrof 7 w. Ma ("few crw Jan Watgbn eeo P.q.medit"-modomewwrtr,oefor pro, B I The printed N07C4: 1.4,t- poed ardiYon'10 rrYwiv- aaUef" JIM 3 P1MIRtry Jr 1280 I�ri1—<)atdianr we PWr" to paatif af>ris +Aflr1 7e feet of try onaofns Of LAM Mwafndii. which is attached wa. cut from the columns of said H NO -w Poi MON . 2675 shadywtoo Pod-1wor do« vw�co for PrOpoew tenn,s newspaper, and as printed and published once each co ast week for successive weeks / AN pitons wMHUr to be heard " appear a nr hM YYritin caFIFNIM tt we soiKrled Pima we nail t for termw in flit C y office It was first published Tuesday. Gtv of Orono ? b O J eY P1.rtir" cannw.,on the d day of f 1 g and was thereafter printed and published every Jww A 4abua11h zoo- Admar"',sta Tuesday to and including Tuesday IPubb&-*d n The UAer 5"1 3 19615, the day of 19 Authorized Agent Subscribed and sworn to me on this �f t• + day of 19 , 4.... Y SEP�j SEP_ " � �.. 41 1 Lwre-;t ( ieaidted Tad pifd try c drtlltwtaa oltert for o.anipirabri 1� 56 d0 pN WIC" ((� 121 f+A.t.trpun r,t1C allorrw DY few for .bt>~e rprftwr 1� t ! p« sTcn c � T Y �Hl �� i31 Rift artuint, ch.wgwd for above rlwttw fled 1! iwr ww h ►___� _._�,.-..._•�•••+- Edrh .&~ftw%m wuKt:eae" wwrM f: '!f pet wr'h k L -1 v #�165 cc ............. .......... 49 w tit, ol 248 lb cf. V� ep r vX) rT ccT _ aerKc HOUSE System must De; Tank �, from property lines . from, we,.s �Q tro'T D'C�S. roc mar• orb r% 'rOrtt ic-es, ..— streams N^Tt' Dower suppy and sw}•ches ^tits• b+ 1, realrnenf area 3LZ Fran prope•'y.AteS /wearer p►oo' enccsure ouSCI- "It �s�g � � Ci4crFa` rom p'.AgS. y ►----a mint "do — =1 � j,_ yp v+1 v S la u onk _Drop to 7onk 4'to S"d; "'toToer c. we SYSTEM V-SIGN - MOI.'ND TYPE-;L, 4 BEDROOM • Averoge percolonon r a mn.f,nCh !deSV 83SQft t►eahrter,' orea per go' of do,y sewage ow` �ga./day x .83sgft /gd Jsq N c` treohnenl „ • t0' SQ ft. (- IOf$. width = `, ft knc^n of bed area 4 side s'oe rin .tc t ttj�hei�ta �.ac Leon rock needed - <� so tt t,eotrr+dr area x - depth of root cU.ft- =. _ c Yds 3/4 'ta 2 !A. did. , ndudes 2' a rx- obove - e ) Gean sand fill below rock needed f 7�i Cu Yds approx , sondy loom bock fi+ Cu Yds OMM-1 , 600soi' 6 au YC I Number of tanks required > ' V Conk J Q 6 go' , 2 nd tor* �G x qa' mumvns ;, - re, _ •. a Lr n ^ 662. SC, t 44 I . - rs PumprI chamber capacity- 25% of daly sewage flow o' gal = " ; gai * reserve storage a 'Sqo!./b@dw, qoi • p,pe -ocx �^noae— of 1Q.,C 9o1. i 100 hn N of ill do, supdY pipe, !n ff needed C Z _ _�-__ g0! . mon4old 9a ` 00 IN,ff d `do pipe, v, ti needed i total capacity "4 aDat Y needed —9ft. gait (plus orea for pump ) .-. % f-7 — ..- -7 5 c ooc � = Distribution pipe ' ' �� *doo. , ' 'f `'_ hn ft. , -d,o perforations _--Ltz" apart Pump size hp. (Rxrtpabk COpOCRy ._,.I gal 4 cycles /doy ) i No'e When cortstructmg bed - , "us orea shoulo be shoped %o'e D,stonce f-om tmatntera orea b netghbwN vws— to divert run-off from entering treatment oreo. IL `, �►�"TtE� 'T?aA� 'om Property Imes . om wel's 'Orr b'Cgs. .,ec'men' area 2.�' from tikes , ` streams Treatment area JQ from proDr,y .mes NOTE: � supoy and switches rmst be beats, c �i' ramwe'Swec+ha oroo enclosure outside ie pumping io-Der c'from D:CQS. Mhoie 965 from r r9 SOIL BORING E-c-VA7ONS r 1!3"da _.a,l.,p J . ' _��.�� caul li ?}101) _I -13iG g►ode -_ Tank TH. J "-2. 4 ASS'. !YS-RIBl771ON MONO, SYSTEM TH'q EL-3.3i�� TL C'a7;0v of DRODOSED P !MP:IW- -,avZ-E;-93a.0 E�-qAct. Y, a rmn./mch ! &W .83sgfr treoftw• area per go' of dory sewage fow; FLoov p`q tN 9 31. S 10% =-LL42 sq ft. (= tOft. width ='- ft.lengn of bed area +vde slope run to! x—Lk height= ..� _ h.rt ft. bwn• ar�0 nailed h of rack = ' 6J cu.ft= _ _ ^ yds ' 3/4 to 2 !�� da. , rciudes 2 • o' rock above pipe sandy born bock f,l' `-E s a yds. oppox. , toDso;' 6' _2 a yd. ` C. ••- - c.;. r ,. - ) _ _ Conk Ggo' nwwrurs ±^��` �_►r7 :� a LFr4maf,R _7.JC, ga = . I go!.+reserve storage of 75gaL/badr=, 3^ G go!_ + pipe cock dranaoe— 09OaER7Y Off. SDF►nA RILZR B "E' - gar!., morrholo i gar' /100latft of ?• "dro, pipe, kt ft needed �. i gar'. 'dcry) s- TEs-1,Arc/ / C. )vId be shaped %o'e Distance f-om imam nr area to "Vhwr wells —IN Des gneo 9 Dote 1S /3/ua °H. 6'2.497- 3566 I o . a o. �y 1' S •O� ��\\\\i-II�Q. �ft� KEY TO PLAN SYMSMS 0.91 s GPACM CLfr/FLLL TAW"TlOk S 0.1,4lf ^ or .06p— W. --'%- Pk%NV%*ff kitty iltabu m- MIIVIVEHAHA CREEK WATERSHED DISTRICT P.O. Bolt 347. Wayltata. Minnesota 55391 See reverse side for Instructions OWNERJ'V,155 1 ANSbl✓ra ADDRESS. 5' Wya 11J P-4m CITY: 0"00-IMN ZIP: _ PHONEA73 3. O Preliminary plat review O Greding/Oralnege Plan O Bridge. o Avert, or utllltles O Rood Ptah Oeveiopment O Use and appropriation of Public Waters #96 PERMIT NUMBER OATE RECEIVEO AGENDA DATE APPLICABLE REGULATIONS Do not write above this line Al Sc�crcv Y Rac� 2. APPLICANT: VG nYJ ADDRESS: 3Z5 �//�► �L — CITY;_! T MIV PNQNE: �S'01JSJ�i SIGNATURE: —4� ' Cl Shoreline Improvement or Rip -Rap O Shoreline Setback Variance for Property Improvement Fill or excavation (_I Permit Extension O Other _ Describe work and oblectives: P // e K CaV ?-h / 01f A4 s1�4 . Fl od �,h eky7-1vm 131 = `';_i}v�r��e. low 41f opt soil -f a rhzI-ch-- 41U, `" 0 -fill JW444fo 44 X/0' d plzm— W43 r F10 al"VG _ick v=fiwL1 31'-6" dots hod .e 'e�f--F1poid p)hjr1Cu+ 4b---ma+ch - s _ar _ artz -raAL off Project location: D►'1N1�10 NIA% . h 4-ro,) PsrtckaI"PS �� Current status with Olhe applicable agencies: _Ft*jd, -_— ?PCM-—i---� J 6. Body of water affected: Call 113-4221 fur assrslani a In curnplelln� Ihlt lurn� Meyer, Scherer & Rockcjule. Lid 325 Second Avemue North Mrnneapo/n. ;LfrnneJuta Sidl)i M S & R, Ltd. A►rhrtectt 6I 13 T 5 -Q3 ib #96 Memorandum Project:_ -- _ (.��mmn�n,n .ti'„ 0430 Re: To: From: VI1OLOR6E o� O�CpNO PM GoTJ DI T/oriwL v J6 EMIT,' POW ✓ SITE PI,ItN StivwIN6 i,jN'bES ✓ i N*?M( WD AI S 77t , Ortwi) . — vwrrMsrtVb AvPKovm,- VEniFZu►7raQ l IV W91•t, 1000OM my to C01MPiwTro r-VPLM so CmOTIF/110D "MTY VCW F • SrAmp!'b L EG�C, • S vltvirY ( 0+ \110mg-C) Slw E74VtutTE'S ko i*I*b SURP"r 51 rS- pLmU S9V TIC AA V?F PROPO si t. , VOOOOO go U-C7I &Iv fly o 6a F L . ✓ r� � t lk_x. MINN'EHAHA CREEK ua YirI M(TOM�� WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 rrMrteor� ""' OW OF NOW1=: David H Cochran Pres . Albert L Lehman . Jonn F t honia,, Michael N Carroll .Camille D Andre -James B Mc Wethy -James A SoensIrr Permit Application No: 85-123 Cate: August 27, 1985 Owner: John and Kitty Pillsbury 315 Woodhill Road Orono, MN 55391 Location: City of Orono, Sec. 11C, Brackett's Point - Lake Minnetonka Purpose: Fill and compensating excavation within the 100-year floodplain of Lake Minnetonkai Dear Mr, and Mrs. Pillsbury: At the August 22, 1985 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit Application 85-123. 2. Site survey dated April 2, 1985 prepared by Vernon Nickols, R.L.S. 3. Site plan showing location of fill and compensatory excavation and cut/fill calculations dated August 3, 1985 prepared by Herb Baldwin, L.A. The Board approved the permit application a. submitted. This document is your permit from the Minnehaha Creek Watershed District. It is valid for one (1) year. If construction is not complete within one (1) year, an extension is required. Please contact the District at 473-4224 w:ien this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District cc: Board G. Macomber f _ J. Rode, Meyer, Scherer, Mic'haeT A. Panzer, P.E. Rockcastle Archit. Date of Issue bt C_J DMi � r, D i 39-6M k .- To: Planning Commission Frost: Michael P. Gaffron, Assistant Zoning Administrator Date: September 11, 1985 Subject: #965 Johr. S. Piiisburf, Jr., 1280 Bracketts Point Road - Conditi ,)nai l;se Permit Zoning District - LR-lA Application - Cut/fill within 75' of lakeshore, cut/fiii in fioodplain area List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Site Plan Exhibit E - Flood Plain Grading/Fill Plan Exhibit F - Minnehaha Creek Watershed District Approval of Fill b Grading Exhibit G - Footing Protection/Elevation Diagram The applicant is proposing to construct a home on this relatively low parcel on Bracket.t's Point. The setback, hardcover, and septic require- ments have been adequately met, but because a fair portion of the interior area of the lot is below the 931.5' flood plain elevation, applicants are proposing to fill portions of the interior and cut portions near the lake - shore. The resulting elevations provide equivalent areas of cut and fill, so there is no net effect on the flood plain. In the 0-75' setback area, the cuts average about 6" overall. The slope is nearly flat in the 0-75'.irea, and the soil is quite sandy, hence there is no substantial effect on the run-off patterns at the site. Note also that a small curved built-up terrace is proposed near the house. Portions of this fill are essential to the project in order to provide protection for the footings. No hardcover is proposed or allowed in this area. The terrace will have :;o appreciable effect on the run-off patterns of the site. The applicants have been granted approval by the Minnehaha Creek Watershed District for this project. City Engineer, Glenn Cook, has re- viewed the site and grading plan and has no problem with it. You wii1 recap that this iot was granted a iot area variance per Resolution 01755 in May 1985. Staff recommends approval of the conditional use permit for filling and cutting in the flood plain and 0-75' lakeshore setback arra, subject to the condition that suitable lakeshore protection measurE-s are provided to eliminate any sedimentation into the lake. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 1960 i #961 LAAEVIEW GOLF COURSE continued It was moved by McDonald, seconded by Sime, to recommend approval to construct a storage building in excess of 1000 s.f. 50 feet from the lot line. Motion, Ayes 6, Nays 0. regarding the After -the -fact Conditional Use pe.init request, Mr. Wenkstern presented picti,res of the work he ha3 done to improve the drainage problems. It was moved by Callahan, seconded by McDonald, to recommend approval of the After -the -fact Conditional Use permit. Motion, Ayes 6, Nays 0. #964 S?EP®EN i JAN WATSON 8410 PART NMWD ROAD VARIANCE PUBLIC REARING 8:54 - 8:57 Jan Watson was present for this matter. The certification of mailing and affidavit of publication was noted. The purpose of the public hearing was Lo consider the variance request of hardcover tradeoffs in order to construct a garage addi-_ion, ma,:ing the existing garage into living space. Applicant has proposed a reduction from 39.1% hardcover to 38.8% hardcover in the tradeoff. Commission questioned applicant on the necessity of the hardcover f.or the dog iun, which comprises of approximately 3% hardcover riot being traded off. Mrs. Wa*son stated that the dog run hardcover is reall needed. There were no persons present objecting and the public hearing was closed. It was moved by Sime, seconded by Goetteu, to recommend approval of the variance as proposed. Motion, Ayes 6, Nays 0. r1#965 JOHN S. PILLSBURY JR. 1290 BRACRETTS POINT ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 8:04 - 8:13 Mr. t,% Mrs. John S. Pillsbury Jr. were present fo. this matter. Also present was applicant's architect, Garth Rockcastle, and landscaper, Herb Baldwin. The certification of mailing and affidavit of publication was noted. The purpose of this public hearing was to consider a request for a conditional use permit to cut/fill within 75' of lakeshore, cut/f ill in f loodplain area to construct a home ors a relatively low parcel on Brackett's Point. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTF.MBER 16, 1985. PAGE 10 #965 PILLSBURY continued Mr. Rockcastle explained the proposed qrading and contours to the Commission. He stated that the amount of fill to be brought in is unknown but should be minimal. Mr. Rockcastle was requested to determine the approximate -lards of fill that would be needed before the Council meeting. Commission questioned the need to cut in the area. Zoning Administrator Mabusth stated that upcn the request of the Minnehaha Creek Watershed District, because applicant is f i lling in a designated f loodplain area they must compensate by creating another floodplain area. There were no persons present objecting and the public hearing was closed. It was moved by Rovegno, seconded by Sime, to recommend approval of the conditional use permit for filling and cutting in the f lood plain area and 0-75' lakeshore setback area subject to the condition that suitable lakeshore protection measures are provided to eliminate any sedimentation into the lake provided that this requirement is impnsed upon the applicant by the Watershed District and applicant desires to do so. Applicant is put on notice that the Planning Commission desires the elimination of the need for the 6" cut. Mcition, Ayes 6, Nays 0. #969 ROLLA MARTIN* 2675 SMDYNOOD ROAD VARIANCE PUBLIC HEARING It was moved by Rovegno, seconded by Sime, to table this matter until tho November Planning Commission meeting per applicant's request. Motion, Ayes 6, Nay 0. ZONING AMENDMENT It was moved by McDonald, seconded by Rovegno, to table this matter until the next Planning commission meeting at 7:00 p.m. to be discussed and acted upon. GUEST HOUSE ORDINANCE Planning Commission recommended a suspension of guest house variances for 6 months for staf f to review this ordinance and make a recommendation. APPRMAL OF MINUTES the It was moved by Goetten, seconded by Callahan, to approve Minutes of the August 19, 1985 Planning Commission mectin.; as submitted. Motion, Ayes 6, Nays 0. t To: Orono Council Members boas Michael P. Gaffron, Assistant Zoning Administrator Dates September 19, 1985 Subjects #965 John S. Pillsbury, Jr., 1280 Bracketts Po nt Road - Conditional Uae Permit Zoning District - LR-lA Application - Cut/fill within 75' of lakeshore, cut/fiii in floodplai.n area List of Szhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Site Plan Exhibit E - Flood Plain Grading/Fill Plan Exhibit F - Minneh4ha Creek Watershed District Approval of Fill Grading Exhibit G - Footing Protection/Elevation Diagram The applicant is proposing to construct a home on this relatively low parcel on Brackett's Point. The setback, hardcover, and septic require- ments have been adequately met, but because a fair portion of the interior area of the lot is below the 931.5' flood plain elevation, applicants are proposing to fill portions of the interior and cut portions near the Lake- shore. The resuiti.ng elevations provide equivalent areas of cut and fill, so there is no net effect on the flood plain. There will be approximately 190 cubic yards ex_-y,ated and 190 cubic yards filled. In the 0-75' setback area, the cuts average about 6" overall. The slope is nearly fiat in the 0-75' area, and the soil is quite sandy, hence there is no substantial effect on the run-off patterns at the site. Note also that a small curved built-up terrace is proposed near the house. Portions of this fill are essential to the project in order to provide protection for the footings. No hardcover is proposed or allowed in this area. The terrace will have no appreciable effect on the run-off patterns of the site. The applicants have been granted approval by the Minnehaha Crrek Watershed District for this project. City Engineer, Glenn Cccok, has re- viewed the site and grading plan and has no problem with it. You wili recaii that this lot was granted a lot area variance per Resoiution #1755 in May 1985. Staff recommends anproval of the conditional use permit for filling and cutting in the flood plain and 0-75' Lakeshore setback area, subject to the condition that suitable Lakeshore protection measures are provided to eliminate any sedimentation into the lake. Planning Commission voted 6-0 to recommend approval at their September 23rd meet.inq. A resolution for approval is attached for your review. ZONING PILE ND. 965 CITY OF ORONO NOTICE OF PLANNING CONNISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/19/85 ---------------------------------------------------------------------- TO: John & Kitty Pillsbury COPIRS TO: M S & R, Ltd. 315 Woodhill Road Attn: John C. Rode Wayzata, MN 55391 325 2nd Avenue North Minneapolis, MN 55401 ---------------------------------------------------------------------- TYPB OF APPLICATIONs XX Variance XX Conditional Use Permit ---------------------------------------------------------------------- Date of Meeting: 9/16/85 Vote: 6 For 0 Against Planning Commission recommends the following: XX Approved: As Submitted NO1= AND SPNCIAL CONDITIONS: Please review the attached resolution, which will be presented to the Council for approval on Monday, September 23, 1985. --------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council September 23, 1985 If the applicant has trouble obtaining add_ Lonal information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, the; are available from the City Recorder after review and approval by the Planning Commission. 50 5387y . 504 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 ' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND SECTION 10.22, SUBDIVISION 2 AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE 0965 Ct1 i tEirD ,wtZ hLLQW 4QY 18 10 WHEREAS, John S. Pilisbury, Jr. (hereinafter "the applicant") is the owner of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 3, Rearrangement of Orono Point, according to the recorded plat thereof, lying Southerly of the following described line and its extensions: Commencing at the Southwest corner of said Lot 3; thence North, along the West line of said Lot 3 to the Northwest corner thereof, being the point of beginning of the line being described; thence Southeasterly, at an angle of 64 degrees 33 minutes 30 seconds with the West line of said Lot 3, to the shore of Lake Minnetonk-i and there terminating. WHEREAS, the applicant has made application to the City of Orono to permit excavation and regrading of 190 yards of fill within the 0-75' .akeshore setback zone anal placement of 190 yards of f i i i within a Flood Piain area, areas where no cutting or filling are no rma i i y a l i owed. Minnesota: NOW, THERNFORE, BR IT RRSOLVRO by the Ci t y Counci i of Orono, FINDINGS 1. This application was reviewed as Zoning Flies 0965. Z. The property is ioc. ' in the LR-1A Single F'ami iy Lakeshore Residential Zoning Dish C. 3. The property is approximately 1.8 .ergs in area. 4. The Orono Planning Commission reviewed thi!; application on September 16, 1985, and recommended ariprc.ai cf the proposed variance and conditional use permit to ai iow piac:ement of fill and removal of fill within the 0-75' iakeshore setback area where no excavation or placement of fill is normally allowed; and recommended approval of the conditional use permit and variance to allow placement of fill within the l:iov4 Piain area where no fi;linq is normally allowed, based on the follcawinq f,ndings: Page I of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1862 A) The proposed f i i i ing of 190 cubic yards of fill in the designated f loodplaici area below 931.5' MSL located at the interior of the lot, is being offset by an equivalent amount of fill to be removed near the :.akeshore area. B) The slope of the land on this lot is less than 1% overall, and the soil is relatively sandy, hence the cutting and filling has no appreciable effect on the runoff patternF- of the site. C) The low curved terrace area to be located east of the proposed house contains no hardcover, will in part act as protection for the footings, and has no appreciable slope and therefore will not have an effect on the runoff patterns on the property. D) The aplicants have been granted approval for this project by the Minneha!a Creek Watershed District. 5. The City Courcii finds :hat the conditions existing on this property are peculiar to it and do not apply geneiaiiy to other property in this zoning d strict; that granting the variance would not adversely affe_, 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 !ubstai:tial property rigrt of the appli- cant; and would be in keeping with the spirit and intent cf the Zoninq Code and Comprehensive Plan of the City. 6. The C4 -:Puncil finds that granting a conditional use permit to the aF nt for the proposed excavation and fill would not be detrimc,.,-ai to the health, safety or general weifare of the public, nor will it-!epreciate surrounding property values and the level of use .)f the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND C_NDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 2 and grants a conditonal use permit per Section 10.03, Subdivision 19 to permit the excavation and regrading of fill within the 0-75' Lakeshore area and to allow placement of fill within the Flood Plain area, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 1. The location and amount of filling and excavation shall not exceed that shown on the approved plan (a copy of which is attached hereto as Exhibit A), but to the extent permitted by other agencies, an implementation of the plan requiring less lakeshore disturbance is permitted. 2. The applicant shall take suitable precautionary measures as required by City staf f to ensure that no sediment enters the lake as a result of the grading and filling. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 23, 1985). 4. Violation of or non-compliance with any of the terms and conditions of this variance shali constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Counci i on this 23th day of September, 1985. ATTEST: 14ot.hy M. allin, City Clerk 41 J,) Property Owner Ma-C. B tler, Mayor Tom F'rahr,i, Act in(, Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. I F STATE Of' MINNESOTA ) ) ss. COUNTY OF tIENNEPIN ) On this n') day of f; >_c ��t&e-C'p 1985 before mi. a Notary Public within and for said county, personally appearod, k„+v�,P,.,A'j,►-.t Ir. 4►_a +,j.�.�,�C, f,x4 known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NO ARY PUBLIC f PAN C ^ AONf R T N Y MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ day of , 1985, before me a Notary Public within and for said County, personally appeared __ _ ___ known to me to be the person(s) described in and who�executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NO'3'ARY PUBLIC MY COMMISSION EXPIRES Pigs 4 of. 4 ' \ ` - �� » �~ � ~ &> � \ ° \ � "°M_~~PLAIN _-RADING\ � '-� \ -�-~- ri f EXHIBIT A RESOLUTION NO. 1862 KEN TO PLM Swains 1 6K c-..._ � .•.-� � --' .,� r. vim.: e •e3�e \ • • ti... a •..oL•i..e �.L GRADW CUT/FLL TAQlATM ir. �• •r.<-...e,o ./V.. .a+g- �R.?'^ a /1... L�vT.[L. tty .1- 1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Oronc, Hennepin Count y, Minnesota, d., hereby certify that I hare compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on SeptembLer - i . 19 u5 , and that the same is a true and correct copy of saio resolution was duly adoptpd by sari City Council at said meeting. In Witness Whereof, I have hereunto set my hand and deal this r day of _ >t �t�er 19 D�rbthy M. Ha n, City C erk (SEAL) This document is being recorded for tt.e b �nefit of the City of Orono per Minnesota Statutes 386.77. _ die •� r OO v 1� MINUTES OF THE REGULAR ORONO COUNCIL r �TING HELD SEPTEMBER 23, 1985 PAGE 2 1930 SHAVER/TEARSB* 1080 FERNDALE RGAD WEST VARIANCE AMENDMENT TO RESOLUTION 11792 It was moved by Frahm, seconded by Adams, to adopt Resolution #1792 as amended granting a setback variance to permit the construction of a principal residence 30.8 feet from the rear lot line. Motion, Ayes 4, Nays 0. 1945 R.J. BAUMAN* CONDITIONAL USE PERMIT RESOLUTION It was moved by Frahm, seconded by Adams, to continue this matter until the October 7, 1985 Council meeting. Motion, Ayes 4, Nays 0. 1960 LAKEVIEW GOLF COURSE 409 NORTH ARM DRIVE VARIANCE RESOLUTION 11860 Grant Wenks`.ern was present for this matter. City Administrator Bernhardson explained the request to construct a 2240 s. f . % 1120 s. f . each of two levels ) storage bui lding whereas a variance is required to allow an accessory structure in excess of 1000 s. f . , which wi 11 be located 50' from a lot line. It was moved by Hammerel, seconded by Frahm, to adopt Resolution N1860 as drafted granting the variance. Motion, Ayes 4, Nays 0. 1964 STEPHEN i JAN WATSON 880 PARTENWOOD ROAD VARIANCE RESOLUTION f1861 City Administrator Bernhardson explained the request for a variance of hardcover tradeoff. The proposed hardcover tradeoff would decrease the existing hardcover from 39. 1 % to 38.8% (50 s.f.). It was moved by Frahm, seconded by Adams, to adopt Resolution 01161 approving the hardcover variance. Motion, Ayes 4, Nays 0. 1965 JOHN S. PIL.LSBURY JR. 1280 BRACKETTS POINT ROAD VARIANCE AND CONDITIONAL USE; PERMIT RESOLUTION 11862 Katherine and John S. Pillsbury Jr. wett- present for this matter. Als:, present was applicant's architect-Iannrr, Herb Baldwin. MINUTES OF THE REGUTAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 3 #965 PILLSBURY continued City Administrator Bernhardson explained the regL for a conditional use permit to do excavating within the U-75 and in the floodplain. City Engineer Cook Stated that he has reviewed the site and grading plan and finds no problem with the plan, however it is the DNR's request that the applicant compensate in the floodplain area. It was noted that the Planning Commission questioned the need to disturb the shoreline in this manner. Frahm s-,:,ted lie felt that the Resolution should incorporate the option to limit the disturbance within the 0-75' area subject to approval of the pertinent administrative agencies. It was moved by Adams, s(_.:onded by Hammerel, to adopt Resolution #1862 amending it to incorporate the option (as previously stated). Motion, Ayes 4, Nays 0. HIG8MAY 12 CORRIDOR STUDY •RICK OFF' T80RSDRY, SEPTIMHBR 26th, 7:30 PM ORONO HIGH SCHOOL CAFETERIA Councilmember Adams stated he wished to discuss this matter before September 26th to make clear the Councils' intent which was how to allocate the limited sewer capacity and possibly come up w ith some unique commercial purposes, but in no way view the entire area as a proposed commercial area. Acting Mayor Frahm stated that it has been misinterpreted that they are looking at the entire study area as a commercial zone, but are merely looking at a small strip along Hwy. 12 with the additional study area being added to consider the effects, 9,rhich is the purpose of a planning study. He f urthet noted th t they were dciny the study not to expand the sewer program buy to determine the capacity of the existing sewer. City Administrator Bernhardson stated that he will be giving the opening statement at this meeting and will try and make clear its purpose. CITY ENGINEER'S REPORT City Engineer Cook rotated he had nothinq co report at this time. MAYOR'S REPORT There was no report frt-+ the Mayor. NEW [3US I NeB6 It was moved by Grabek, seconded by Frahm, to prohibit smoking during the Council meet inq. Motion, Ayes 2 Kays2. Becalase of the tied vote, this matter wi 11 be continued to the next r:)unci l meet.inq. ZONING FILE NO. 965 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal bay, MN 55323 473-7357 Date of Notice 9/25/.5 ----------------------------------------------------------------- TO: John S. Pillsbury, Jr. Copies To: John Rode 315 Woodhillo Road M S & R, Ltd. Wayzata, MN 55391 325 2nd Avenue North Minneapoiis, MN 55401 ----------------------------------------------------------------- TYPE OF APPLICATION: XXX Variance XXX Conditional Use Permit Date of Meeting: 9/23/85 Vote: 4 For 0 Against COUNCIL ACTION - NOTION: To approve per the attached resolution (note Condition 1 has been revised to allow a lesser disturbance of the lakeshore subject to approval of the other reviewing agercies). Pieare arrange to sign the 3 original resolution copies at the City offices, 8:00 - 4:30 Monday thru Friday. XX VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance auth6rity expires on year after approval. XX CONDITIONAL USE APPROVAL ex,. Q upon change of ownership or use, or on deadline date specif-ed q. If you desire copies of the of t. i Council minutes, they are availabl.? from the City Recorder oi. `ty Clerk after review and approval by the City Coi,nci 1.