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Henn epJnOpp~g}Jll ty '• :c James M. Bourey, Councy}\dministrator -' - Ms. Margaret Cost 1875 Troy Lane N. Plymouth, MN 55447 Re: 255 Brown Road (CSAH 146) Access Ms. Cost: June 24, 1994 This letter is to serve as conceptual approval of private driveway access to the above site from County State Aid Highway (CSAH) 146 in the City of Orono. Access to the site is guaranteed since no right of access has been purchased. However, a formal permit cannot be processed at this time since the property owner of record has made no firm site proposal. If and when your purchase is concluded, please submit the permit application with appropriate drawings/documentation and the permit will be expedited. Best wishes in your endeavor and please call with any questions. Sincerely, ~ David K. Zetterstrom Entrance Permit Coordinator c: Jeanne Mabusth, City of Orono DKZ/saa Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612)930-2500 FAX:(612)930-2513 Recycled P «/ _, (*#10) MINUTES OF THE REGULAR ORONO CITY COUNCIL 1\1EETING HELD ON JUNE 13, 1994 #1928 SUZANNE K. WACKER, 1115 BROWN ROAD SOUTH - VARIANCE -RESOLUTION NO. 3438 It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3438 approving #1928 variance for Suzanne K. Wacker at 1115 Brown Road South, as recommended by the Planning Commission. Ayes 4 , nays 0 . (#11) #1930 MARGARET P. COST, 255 BROWN ROAD SOUTH -VARIANCE - RESOLUTION NO. 3439 Mabusth reviewed the proposal and the Planning Commission recommendation. Margaret Cost was present. Hurr asked why there was not a shared driveway because the drop in elevation would make a shared driveway the best choice for this area. Goetten concurred and stated she would like to see both property owners work together to resolve this. Mabusth noted that the Council four years ago had approved a separate access for this project and there was a resolution on file. Margaret Cost stated she would prefer to have a separate driveway because the differences in grade would make a driveway coming from her neighbor's property extremely steep, and she did not feel that was safe. She was also concerned about the neighbor 's children playing in their driveway , and believed separate access for her propeny was the best solution for this property . Discussion ensued regarding why the variance was needed based on the topography and the wetland regulations. The building envelope was discussed and alternatives for the building footprint were examined . The slopes were discussed and the maintenance of a 2: 1 slope was explained. Adrian Kearney, 265 South Brown Road , stated he was concerned about the driveway and the slopes . They felt that a smaller house would fit better on the site. He felt the proposed plan was too aggressive a plan and the location of the driveway was very close to their property line. He felt they should share a driveway access. Kelley inquired if Mr. Kearney was aware of the subject lot when he purchased his property , and Mr. Kearney responded that he had researched this area thoroughly prior to purchasing his home. Mabusth stated that the driveway issue was settled four years ago and that to change the access now to a shared access may result in both the Court and the City being placed m a difficult legal dilemma with the current owner. Goetten inquired if there would be any liability on the part of the City if the tributary should flood and Mabusth responded that the house would be too high to be affected by any flooding. 6 rvllNUTES OF THE REGULAR ORONO CITY COUNCIL l\1EETING HELD ON JUNE 13, 1994 (#11) #1930 MARGARET P. COST, 255 BROWN ROAD SOUTH -VARIANCE - RESOLUTION NO. 3439 (CONTINUED) It was moved by Kelley, seconded by Jabbour, to adopt Resolution No. 3439 approving #1930 variance for Margaret P. Cost at 255 Brown Road South, as recommended by the Planning Commission. Ayes 3, nays 1. Hurr voted no. (*#12) #1931 MEGAN TULLY, 1910 SHORELINE DRIVE -VARIANCE/ CONDITIONAL USE PERMIT -RESOLUTION NO. 3440 It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3440 approving #1931 Variance/Conditional Use Permit for Megan Tully at 1910 Shoreline Drive as recommended by the Planning Commission. Ayes 4, nays 0. (#13) REQUEST FOR BUILDING PERMIT FOR RESIDENTIAL CONSTRUCTION - LOT 1, BLOCK 2, OLD CRYSTAL BAY ROAD ADDITION -RESOLUTION NO. 3441 Chuck Dillerud was present representing Tony Eiten Construction requested that the Council approve issuing a building permit for Lot 1, Block 2, Old Crystal Bay Road Addition. He stated they wish to construct a Parade Home on this lot, and they need to begin construction as soon as possible in order to have the house completed prior to the Parade of Homes in the fall. He explained that they plan to gain access to the property via a driveway to an old barn coming from Watertown Road until the permanent access from Countryside Drive West is available. Kelley inquired if Countryside Drive West would be installed prior to the Parade of Homes and stated that if it was not, he would be concerned about parking problems occurring on Watertown Road. It was moved by Hurr, seconded by Kelley, to adopt Resolution No. 3441 approving issuance of a building permit for Lot 1, Block 2, Old Crystal Bay Road Addition, subject to the condition that the access from Countryside Drive West be completed and a Certificate of Occupancy issued for the house prior to the Parade of Homes. Jabbour requested that the motion be amended to include that the subdivision be finalized before any additional permits will be issued for this development. Hurr so moved, Kelley seconded the amendment to the motion. Ayes 4, nays 0. MAYOR/COUNCIL REPORT Hurr inquired about the notices for the School District building because several residents had stated they did not receive any notice of this application. Mabusth responded that they had been required to state that the bleachers would be next to the tennis courts for clarity, which some residents had found confusing. Also, there were problems with the notification process on this application. 7 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeanne A. Mabusth Title Building & Zoning Administrator DATE: June 8, 1994 ITEM NO.: Agenda Section: Zoning Item Description: #1930 Margaret Cost, 255 Brown Road South -Variance -Resolution Brief Review of Application For more detail on this review, please view the Planning Commission minutes of the May 16th meeting and the staff memo of May 11, 1994 enclosed in your packet. The application involves a structural setback variance from a protected tributary, Long Lake Creek, review Exhibit L. The structure will meet the 30' setback from the defined top of the bluff but cannot meet the required 100' setback from the protected tributary. The severe sloping topography to the west and the fact that there is only one location for septic development on this site has limited the choice of placement of the structure. If the structure was to be moved to the west and south, the access drive from Brown Road would be at a greater than 10 % slope and would require major cuts into the existing elevations. Ceil Strauss of the DNR has advised that they have no problem with the structural setback from the tributary as long as the 30' bluff setback was being maintained. She also advised that the access drive should be able to meet the minimum 20' setback from the defined top of the bluff. The recently amended site plan, Exhibit L, shows the access drive meeting the 20' setback. Dave Zetterstrom of the Hennepin County Department of Transportation has approved the proposed curb cut. The proposed drive will encroach no closer than 12' to the southern side lot line and is shown at approximately a 7% slope. The neighbor to the immediate south is concerned with the location and size of the structure noting that septic development will destroy the majority of the trees that now provide the natural screening from the site of the proposed residence. The applicant has agreed to develop the alternate site located more to the west that will allow the saving of mature plantings at the upper elevations to the east. The on-site evaluator has provided additional testing to confirm that the site would support the proposed residence. The neighbor to the south asked the Planning Commission to consider the shared drive that was originally proposed with the Byfield Plat. The Planning Commission advised the neighbor that this matter had already been resolved by both the County and the City at the time of the sale to the current owner. The resolve was to allow separate access for both properties. Request for Council Action continued page 2 of 2 June 8, 1994 Zoning File #1930 It was the hope of the Planning Commission that both property owners would work together to minimize the impact of new development upon the developed site. The Planning Commission approved the application as amended granting a 25' structural setback variance from the protected tributary. COUNCIL ACTION REQUESTED: To adopt or amend the approval resolution; or To deny the setback variance as proposed. ch A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C-1) FILE #1930 WHEREAS, Margaret P. Cost (hereinafter "the applicant") has an interest in the property located at 255 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Byfield, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C-1) to permit the construction of a residence that would be located 75' from a protected tributary instead of the required 100'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1930. 2. The property is located in the RR-lB, Rural Residential Zoning District requiring 2 acres of dry contiguous area. The property consists of 5 acres, 3 acres of wet and 2 acres of dry contiguous. 3. The Orono Planning Commission reviewed this application on May 16, 1994, and recommended approval of the variance as amended based upon the following unique findings and hardships: A. The Byfield Plat was approved in 1980 prior to the current Shoreland Regulations that now require setbacks from protected tributaries. At the time the Byfield Plat was approved the setback for structures from the protected tributary was 26' . Page 1 of 4 B. There is only one location on the entire 5 acre site that would support and treat on-site sewage. C. The 2 acre building site is severely limited by a bluff and steep slopes. D. The extreme drop from the elevation at the street to the west portion of the dry buildable envelope are severe. 4. 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.56, Subdivisions 16 (C-1) subject to the following conditions: 1. Upon application for a building permit, applicant shall provide a detailed grading and drainage plan that will adhere to the protective standards for construction within the steep sloped areas. Erosion control must be maintained until groundcover is restored. The plan must provide detail on interceptor/French drain to be installed to east and north of drainfield areas. 2. Applicant must obtain a Hennepin County driveway permit before any work can commence within right-of-way of County Road. Page 2 of 4 3. Authorities granted by this resolution 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 (June 13, 1995). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of June, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 To: From: Date: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator May 11, 1994 Subject: #1930 Margaret Cost, 255 Brown Road South -Variances -Public Hearing Pertinent Ordinances 1. Section 10.56, Subdivision 16 (C) (1) -Structural setback variance from protected tributary. A. Residence Required = 100' Proposed = 7 5' Variance = 25' or 25 % B. Applicant no longer requests a setback variance for fencing within protected setback area. 2. Section 10.56, Subdivision 16 (C) (3) -Proposed drive encroaches 20' bluff impact zone. 3. Section 10.56, Subdivision 16 (L) (1 & 2) 0-7 5' setback area No hardcover proposed. 75-250 ' setback area = 52,150 s.f. List of Exhibits Allowed = 18,037.5 s.f. or 25% Proposed = 10, 600 s .f. or 20 .33% No variance required. A -Application B -Hardship Statement C -Addendum to Application -Engler Letter 4/18/94 D -Plat Map E -Property Owners' List F -Neighbor's Acknowledgement Form G -Kearney Letter 5/5/94 H -Hardcover Fact Sheet I -Boundary Survey J -Byfield Plat K -Photos of Proposed Residence L -Staff Sketch Zoning File #1930 May 11, 1994 Page 2 of 3 Description of Request Applicant proposes construction of a new residence on Lot 1 of the Byfield plat. The footprint of the residence is shown at 1900 s.f. with an attached two-stall garage at 575 s.f. Applicant's architect, Clark Engler, has advised that the actual residence to be constructed will be smaller than the 1900 s.f. footprint as the footprint shown on the site plan and survey is the approximate footprint of Mrs. Cost's existing residence in Plymouth. Mr. Engler was the architect who designed the original home and will design the new residence for Mrs. Cost. No elevations or floor plans are proposed but photos of her existing residence have been provided. Natural materials and colors that blend in with the environment are planned similar to the earthtone colors used in the contemporary design of the existing residence (Exhibit K, color photos, will be viewed at meeting). The north side of the house facing the Luce Line will be one story, long and low to ground. The lower level will have a walkout to the south. Although the property consists of 5 acres, 3 acres are wet and the remaining 2 acres are limited by bluff and steep slopes and a protected tributary that requires more restrictive setback standards than were in effect in 1980. When the Byfield plat was approved, the setback for structures was only 26'. Note non-structural hardcover can be located within the 7 5-100' setback area from the tributary. The applicant met with the Orono and DNR staffs at the site to discuss possible need for fencing to eliminate trespassing on property at the northern boundaries adjacent to the tributary and Luce Line. Staff discouraged applicant from installing a fence as fencing soon becomes an attractive nuisance. The applicant was encouraged to contact police when the trespassing became objectionable. She was advised to put up no trespassing signage advising people of private property and the DNR would put up their standard signage advising of the limits of the trail. Staff has discussed the encroachment of the driveway within the bluff impact zone noting that there is adequate area to meet a 5' setback from the side south lot line and meet the 20' setback from the defined top of the bluff. When the Byfield plat was approved by the City, a shared access was encouraged by both the County and the City. Upon the sale of the property to the current owner, the original developer asked the City and the County to allow a separate access for Lot 1 to allow Lot 2 to retain the existing access. This request was approved by both the County and the City. It is the applicant's desire to also maintain her own drive because of the potential of liability when dealing with a shared drive. The applicant is meeting with a representative of Hennepin County DOT on Wednesday, May 11, to review the realigned curb cut. Hardship Statement Review Exhibits B and C. Zoning File #1930 May 11, 1994 Page 3 of 3 Issues for Consideration 1. The site plan has been submitted to Ceil Strauss at the DNR for any comments she may have concerning the substandard setback from the protected tributary. What is the position of the Planning Commission? 2. Are the hardships valid? Options of Action Approval. Any condition of approval must include the following conditions: OR Upon application for a building permit, applicant shall provide a survey locating the proposed structure and other improvements. Survey information is to include the topographic information. The permit application must also include detailed grading and drainage plans assuring that the bluff impact zone is not encroached by the new construction. Grading plans are to include detail on interceptor to the north side of proposed drainfield area. Note majority of drainage from driveway will be directed to the southwest of residence. Interceptor is needed to direct drainage away from drainfield site. Denial. If application is to be denied as proposed, members should refer to Section 10.08, Subdivision 3 (A). lsv fr [13 D CITY OF ORONO -VARIAN CE APPLICATION Initial Application Fee $200 .00 ~ ($50.00 per each additional variance.}'.\b~ V-1 l. ! ! ~-!!~ f tUI !:4.i!! 1-·.L I I L'I LU \!..t!fW Renewal Variance Fee $100 .00 ~,.. 1,: (no change from original applicatio Ji Variance for non-conforming structures $200 . 00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 255 Brown Road South Qraoa Property Identification Number (P.I.D.) 0311723240008 ---'-"'--==-c....==-=--=--=--=--=--=;..__---------- A tta ch legal description to application if not included on required survey . Date Property Acquired September. 1990 (month/year) I (do) ~also own the adjacent parcels of land. Present~property: __ residential __ other (specify) Vacant land Zoning District: Residentia 1 APPLICANT Name Margaret P-cost Address: J 875 Tray I aoe N OWNER (if different than applicant) Name John M. Morrison Address: 2 7 Casa Mar Ln Phone (home) 4 73-5957 Phone(work) -------- City:_....p ...... J~ym ......... a ..... u ...... t ..... b.__ ___ Zip: 5 544 7 Phone(home) -------- Phone (work)_5~4~2---3~D~D~l~---- City: Nap) es, FJ ari da Zip:33940 DESCRIPTION OF REQUEST Estimated Construction Cost$ 3 2 5, 000 Describe request in detail: -~s~e-e_~At~t~a~c~b-ro ...... e ..... n ..... t ______________ _ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover x Setback: Front Side Rear __ Lot Coverage Average Lakeshore __ Other (specify) ______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITTONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ See Attachment (attach additional sheets if necessary) 7 \i~tl /'1t1 ~,._,v.vv •}::,:t; l\l'l &:.."'"•~'•VV 1:,t1i ·ry7.z::0 I\V.1 1 J. i-1 •i...•.' 0-4./22./9.:"~ REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. Completed Application Form 2. _ Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. _ Plat Map ( obtained with property owners list). 4 . _ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8 ½ 11 x 11 11 for reproduction. · 5. _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x ll II for reproduction. 6. _ Sketches or plans of floor & elevation views (provide one (1) copy 8½ 11 x 11 "). 7. _ 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). 8. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance 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 additional fees (staff time not covered by 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. Applicant's Signature --~-~-&.,.,,a ...... •_ct_Y_-_~-----Date --~_-_;i._d'-_-_'1 _'t __ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature ~ ~ Date Y 2 1"'. /$/" --//-1-~.,.;;:zc;.::....:::c~=--"""""e:;_;;_::;.=.,~:...:;_-----~-----,.,- Applicant must have all submittals into the City offices 25 days before th~ Planning Commission Meeting. Planning Commission Meetings are 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 agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 -----------. ----·---- ATTACHMENT TO VARIANCE APPLICATION Submitted by Margaret P. Cost The property has an area of slightly less than five acres. Long Lake Creek runs along the north property line to approximately the middle of the property and then turns south splitting the site into roughly two halves. Much of the land area is wetland. After all setback regulations have been taken into account, it has been found that only a very small portion of the site is buildable and that minor variances to two setback regulations would allow the site to be used in the most advantageous way. This application is submitted to request variances to setback regulations affecting the location of a house on the property and const"ruction -◊£ fence along 1.Lc Northern border of the property to designate private property. Requested Variance No. 1 We request that permission be granted to reduce the setback of the structure from Long Lake Creek to 75 feet as illustrated on the attached site plan drawing. Compliance with the 100 foot setback regulation would require that the house be moved west and south of the location shown which would significantly increase the length of the driveway. The relocation would lower the floor elevation of the structure to a level that would reduce long views of the wetland area to the west, would increase the slope of the driveway and would result in greater disturbance to the natural terrain and vegetation on the property. Also, although soil borings have not been obtained as yet, it is possible that soils with lower bearing capacities will be found as the structure is located closer to the wetland areas which will increase the construction cost of the project. A 75 foot setback for the structure will place it no closer to the creek than other hardcover areas developed on the site." Care will be taken in the development of the project to divert all surface water run-off away from the slope leading to the creek north of the house and driveway. Requested Variance No. 2 We request permission be granted to construct a fence along thE1Northern border of the property to designate the boundary between public and private property. We have seen young people congregated at the culvert at the Northeast corner of the property playing and throwing objects in the water. We feel this a liability issue if the property is not fenced. We are discussing this issue with the DNR. mcguire engler architects 423 south main street stillwater mn 5 5 0 8 2 April 18, 1994 Ms. Jeanne Mabusth Building and Zoning Administrator City or Orono P.O. Box 66 Crystal Bay, MN 55323 RE: V ARI.4.i~CE APPLICATION OF MARGARET P. COST FOR 255 soum BROWN ROAD Dear Ms. Mabusth: The variance application prepared by Ms. Cost lacks specific information about the house that she will build if variances are granted. She does not wish to devote the time or money necessary to plan the house until she knows the result of her application. · We know that the house w11l be a two story structure built on the south facing slope in approximately the location shown on our site plan drawing. The floor area will be no larger than 1,900 square feet on each of the two levels and there will be a two car garage with an area of approximately 575 square feet on the upper level. The lower level will be a "waik out" to the south. From the north side the house will appear to be a one story structure, long and low to the ground. Natural materials and colors that blend wi!h the site will be used. Our goal will be to design a house that rainimizes the visual and physical impact on the site. A fairly thorough study has been made of the regulations that must be followed in siting and designing a house for this property. Other than the two variances requested in the accompanying application, we believe that the design will be well within the requirements of the codes and ordinances in effect in your city. There will be changes to the configuration of the footprint and orientation of the structure as the design is developed and there will be minor reconfigurations of the driveway and parking areas. Our site plan drawing is intended to be an illustration of location and general size of major elements on the site and should not be interpreted as an illustration of a design for the house or the driveway and parking area. · 612-439-3710 fax 612-439-3721 The hardcover calculations are generous. We expect the final total percentage of hardcover to be less than shown in the application. We wish to thank you and your staff for the cooperation and assistance· given to us in the investigation of the site and in preparing the variance application. CWE:dlb ..,· 1 ~ ( 23 ) :)-. .,; 2 -r,;r ., :;zi ;;,·~ rt?9 :? 99 I A 1 /7 ◄39.68:;:r ~( If') (4) ~ ( 3) z ◄7 720 . 14 53!'0 45' l8"E 456 ? ( 15 ) 395 ( COLIN DR) S:; 61. 131 258 .01 "89°45' 18'* . ,.,.~ 'b':, ~ 1 · 1 ~ ~' 2 ( 17) se9•44•,rw ~Qi ~ti 6 ( 7) ?/! i~LLE ~ ( 16 ) .2\ 3~5 1.89'56 '27 '11 ('I) ii©t~ \ __ ---"'· "---- x::: UJ ex: u ,~ii~ I I I~ .-, ~ ( 14) 0U1L01 B ( I ~) 337 05 S83 °H' 4 l° W U,J ~ ~8' ( 7) 0 .,, ~4 IOsv . J--- I (8) 1JtfED.l» ( 3) ;;?~ 700 ID 'i. "' § ~[4 >-• :,: . - ► ~ ••8 ~133 -;.,6', 172 C:AS1 ~ ~ ( 10) ~ ~ ~ ,\9¼<- ~~-;•0· ,,,_'o ~ ,-. iii ~ ;y 2 il (11) • '<,. ~--~~"' . ~%1." • z V' cf~, ~ .. s .I:>.; •01•'30"( ~ ... ------ 7 ( 1 1) 33. 68 ......... 443 ......... 443 ( 2) "' ,.._ ~ 17 ,I:>-; ~I:) ~ . ~..r. ~- (~ ~ [L ~ OO(Q) ~~: H ( 5) Tl ,~ -~,c .s"s -~ --------o o c HO 4 \ ,95':i) 5 (9) 5 ( 2 ) .,") ~ i' ;::' ~ t;I~ .,...;1 (8) 1 ( I) ~r~~-i;t , ,_,,/~ ·, )tj ~ ._,$,I? \;~..,.t:P' 158. 53 0o1. 2i J;> 3 ~ -~"/ ~I ~ ~ O g.._ ;;~ A ) 3-~ _l'325. 56 1. ·- -- RUN DATE 04/15/94 BATCH 013 PROP ADDR OWNER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR· OWNER NAME TAXPAYER NAME/ADD!t 38 03-117-23 12 0002 00038 ADDRESS UNASSIGNED CARGILL MAC MILLAN JR ETAL LONGRIDGE ASSOCIATES PO BOX 9300 DEPT 28 MPLS MN "55440 38 03-117-23 13 0005 01995 FOX RIDGE RD R & B HACK RAYMOND H HACK 1995 FOX RIDGE RD LONG LAKE MN 55356 38 03-117-23 21 0022 00195 BROWN RDS L M & CS JOHNSON L M & CS JOHNSON 195 BROWN RDS LONG LAKE MN 55356 38 03-117-23 24 0008 00255 BROWN RDS JOHN M MORRISON JOHN M MORRISON 27 CASA MAR LA NAPLES Fl 33940 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03-117-23 12 0003 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNR) (LUCE LINE TRAIL) 38 03-117-23 13 0011 01960 FOX RIDGE RD LUCIA T MORISON LUCIA T MORISON 1960 FOX RIDGE RD LONG LAKE MN 55356 38 03-117-23 24 0003 00325 BROWN RDS MICHAEL T GUSTAFSON ET Al CECil H BELL 325 SOUTH BROWN RD LONG LAKE MN 55356 38 03-117-23 24 0009 00265 BROWN RDS A & P KEARNEY III ET Al ADRIAN A & PAMELA H KEARNEY 265 BROWN·RD S LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 49 38 03-117-23 12 0011 00140 BROWN RDS D & L COLEMAN jR DOUGLAS R COLEMAN JR 140 BROWN RDS LONG LAKE MN 55356 38 03-117-23 21 0021 00185 BROWN RDS C & J KROGNESS CHARLES & JEAN KROGNESS 185 BROWN RDS LONG LAKE MN 55356 38 03-117-23 24 0006 02150 ABINGDON WAY MICHAEL T GUSTAFSON ET Al PERRYBELL INVESTMENTS INC 601 LAKESHORE PKWY #350 MINNETONKA MN 55305 TOTAL. BATCH 013 00011 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 DEPAiT~NT OF .. PROPEWf~TAXAT!ON, TCv,1HE BEST OF MY KNOWLEDGE AND BELIE~ . , DATE ~~fsv.,-,c,c' •--7 q::, ,--.--«;,-• i ,t \ I (we) lu/ /v1 If/+ iC{?AJtt,,rJ_?l,J r [print name(s)] 1 of 2,/;/C;; S-F:7126 vJN \23) [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at '¾0 -t5 f7t2ov-1 r.l also referred to as Land Use Application No. ____ . 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 Counc~l tl1,at I (we) am/care) aware of the improvement plans and that the proposed neighbor's project qr use requires Council approval. 1 ~ / / f !("~vJ\fY~ -~ Property Owner ~ ~ Date ****************************************************************************** I (we) of ---------------------------[print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __________ also referred to as Land Use Application No. ___ _ 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 Property Owner Date 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. 9 ADRIAN A. KEARNEY Ill TO: Mr. Charles Schroeder Chairman: Orono Planning Commission FROM: Adrian and Pam Kearney Residents of 265 S. Brown Road 265 South Brown Road Long Lake, MN 55356 (612) 473-4112 RE: Application #1930 for variances to 255 S. Brown Road May 5, 1994 Dear Planning Commission, We have lived in this house for ten months. Before we wrote our purchase agreement, we did our homework on the lot for sale next door. We accepted the fact that somebody would be interested in buying the lot. We found that the specific limitations placed upon this lot would insure that the new owner would have to construct a small enough house to comply with the guidelines set forth by the DNR and the City of Orono. To us, this meant the least amount of intrusion upon our property and privacy. We feel that abiding by these specifications is imperative to the preservation of the protected tributary to Lake Minnetonka, and the nature of the property itself. Therefore in reviewing the proposed plans of Mrs. Cost, we have concerns regarding the following: 1. 100' setback from the Long Lake Creek. As all rivers do, this one meanders and curls. With water levels changing from season to season and year to year, we fear that a building constructed within the 100 foot setback will be damaging to the integrity of the creek. A more reasonably sized house would fit into the space without the need for a variance. Although this is a five acre lot, a majority of it is wetlands, and these plans show a disproportionately large house for the limited building site. 2. Loss of trees due to the septic system installation. It is in both our best interest to preserve as many trees as possible to provide a visual barrier in between the two houses. Specifically, there is one large, mature maple tree that would be destroyed in the proposed septic site. Again, a smaller house would require a smaller septic site, therefore fewer trees would be lost. With everything scaled down in size, the least amount of impact would occur, both to the property and to the neighbors. 3. 20' driveway and 30' building setbacks from the bluff. This is a very steep bluff, and prone to erosion. Preserving the nature of the rim, both to the North and West is necessary. The proposed driveway is within the setback to the North. There is room to move it to the South. It appears that the West rim also could be within the building setback. These setbacks need not be encroached with a plan that is more conducive to the small building site. It is our strong feeling that a shared driveway would be the most cooperative use of the limited space available. And, it would move the driveway safely away from the rim of the bluff. Creating a separate entrance as proposed, would mean a six foot drop-off from our existing driveway down to the new one. This would significantly and negatively affect our house and its value in the resale market. We are willing to reshape our whole access to our house and garage in order to create the best and most appealing solution for both lots. At the time of the original subdivision approval, the Minnesota Department of Transportation recommended that for safety reasons, a common driveway entrance to Brown Road would be advisable. We understand the amendment to this original recommendation, which allows for two entrances, however, we would like to cooperate in every way share the entrance if possible. We value your time and your serious consideration of these issues. We will welcome the opportunity to show you the areas in question personally, if you would like to call us before you come to inspect it. Respectfully, ac1NiJ,,1 _,_ 4',~~;;u,.,r Adrian and Pam Kearney HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 25-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = 2600 S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = 800 S.F. C. Driveway X = ~50Q S.F. X = S.F. D. Sidewalk X = 200 S.F. X = S.F. E. Patio/Deck X = 600 S.F. X = 700 S.F. F. Landscape X = 1200 S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE lQ,600 S.F. A TOTAL PROPERTY AREA IN ZONE 52,150 S.F. B A 10,600 B 52,150 X 100 = 20.33 % 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 = 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 = % 13 , ,.~,,., a,-,....,; •~~-'-••••§•-••••-~•••-v,~·· --• . % ............... -~~ :'1\1---r -- CERTIFICATE OF SURVEY FOR MARGARET COST OF LOT 1, BLOCK 1, BYFIELD HENNEPIN COUNTY, MINNESOTA _..\ N0°03'1S"W 415.39 ' -.-----0 . --=--v~.-~ ~~.9/ c,'q_ \ .... ,'C ~9. >' ;,s;,'I" ~~ ~' ·· .•. ~ , ... ~ ..................... ········ ···.:.::.::•-o ;-q / \ ~ _: "1q Yi ·1 i .9~ ~ : ( : ................ ······· ...... --............. ······· "\ .. ~ ,,,, .... i / .. .. . .. .. . .. . . .-----,----. "'-;. ~9' .\ <'!,~-•~-- '-. .. \_: :-' . i i .-· / ,--\-.. ..., ~~~}-\ .............. l.. .,.. . ( // \ \ \ 0 \ ' I '7 1 I 0 I I ' •-• 1 I \ I I / I I \ ·. i ------,' / 10 \ I ; • • • • • • • •'' ,' ,' '. \ ; ,;·, ----~.----------______ -·---.c;"Rf-;.-... / ,,, \ \ ', ! ,,-· .• __________ I:'.. ·--~k' . '~\ ',_ ; ,' ,-----..... q s -----· ·, ', .. ___ : ', / '6 e ' 'c,', • •• I I ~ ... ~ ---.., --: .. ' • • ? ... 100' ..... -. :" -.. ' . -.-; I• ' ,--.... ---- ··"'· ....... - • ',,L.o,v.•• i ' 1 H ~ 1 -. ~ ------r-------\ \ .... --.. , ·< - 'V : '• ' •• ~ \ • • ·•. A, ~ : '' '.' ' ... . . \ <60:,,.;::~ ',,, ._ •, \: I •' ~~,. '•, :-"', .. -. .. -...::,·1 '-... _ ---', .' •y~ .. . ~ ............. '._, '•,,._ I ... _,,..,,_ °"~ •, . to"f'-;::.__ --·-------l41<E __, ',•\ . / .i ~ .sqq;c~ NORTH "1a. 77 "'1---.,>~ '-----_, .· b .. , .. -~,~ I ,, !---- c:::::::,-@--c ~ ....._..._ -----II~ ~ ·:t-.f';:N • • • ... 1.-'3 .... As:) ,··: .·: //r::5 _:' · .. \ oO ':~--· :. ~--'/ .... ·.. · .. '"'10· -0 ...... ~~ b \ _ _..-~~rt] 0 1\ t . ..,.,...I\. • -:Jit::.,:..:.P &().'3"{ ' Jr~ o'l!'.rtJ -::> '/~\?; ;,D ~ 1/ ::t 'I !:cv" I CS r / ~-I ~ 7 .Cb 1/ 8 1/ -~-ISB.oo LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 1, Block 1, BYFIELD o: denotes iron marker Bearings shown are ba~ed upon an assumed datum. ' \ \ \~ \ ,~ \ 1\.! ~ :·r l t.r, ,.'t,._o> I \".,.,..,~., ~t\~9.-· ,~ '-l'•cJ,-_, \ l.iJ (('-;:\ ~ ' • I ZI : > .. ::<::_\ .. CD: C:, •.,, f ~1\\ ,L,,-\ ~ '.A I ,~,' I l>-j I I : I ,' wi ,/ / \ 9; : : :" ... 011' , :,-,: 0,1 I •.•~ \ !:: f it \ (\> ~ ~\ \ *; 0 ~ ' :, : ~ '('1 \ ,:-... . ~\\ 1' \ .... · .. . ~-~----·~ : /~ •o ' I ,1/. ~--:::J:_ ..... o ······-ss.oo .' IVORTI-J \~ ' This survey intends the above described purport to show any or encroachments. to show the boundaries of property. It does not other improvements 1i I ,., N0°03'/5''W 197.00 i_ Co. Rd No. 146 (Brown Road) ~- -I ---~· ::-;.:: ---f ( t d I ... : .,~ . , .. ~.:) Pt ... so' I ........ ' ·;,~:; -~ ..... ' .. -·· .... ... -.---- \ _a__~~~~,,~,,?,~,~!~~~/,•/~~; ~ 4),~ lanwack A\'mlll' • Lon); l.akl'. MN 55356 I hereby certify that this survey was prepared by me or under my direct super- vision, and that I am a·duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. DATE lrons set 10-30-86 J,.1>Win9 4-21 -94- SCALE I"= 60' ol2--F:l--1J.ll ~-~ ~Al~--~ Mark S. Gronberg Minnesota License Number 12755 7 JOB NO. 94--/()7 9'/--107 ------....... . .., -:CTION 3-117-23 ~5+ ~ar-fer. !., !tin~ orl-h tee/- by"'"-..,,..,. ENT ED .... ' -..., 0 0 0 z ' ' \ \ \ q_ / -/ 0/ -/ / t .... so· \ ' \ \ \ . ! , I ~ I I I --- 33 33 X: l-a: 0 z I . V wt-~ h(!V\ ~ !x:J' ~blcJL ' I I / 1' D. ( ta. IAv) I ':'>°' ( I I / / ) / / .·· / \ \. \ -,,v~ \ : \ \ . I \ \ I \ CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1910 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 5/24/94 ---------------------------------------------------------------------------------------- TO: Margaret Cost 1875 Troy Lane North Plymouth, MN 55447 COPIES TO: John M. Morrison 27 Casa Mar Ln Naples, Florida 33940 ---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Variance ------------------~--------------------------------------------------------------------- DATE OF MEETING: 5/16/94 VOTE: 5 FOR 1 AGAINST Planning Cotntnission recotntnends the following: Planning Commission recommended approval of the setback variance per the revised plans submitted by Mark Engler at their meeting of May 16th. Please provide a to-scale drawing of the revised plan for the City's files. Staff does not need copies of the smaller sketch submitted for the Planning Commission's review as it can be reproduced for the Council's packet. Please contact my office if you have any further questions. Your application is scheduled before the Council at their June 13, 1994 meeting. Please note that meeting starts at 7:30 p.m. ch MINUTES OF THE ORONO PLANNING COMMISSION 1\1EETING HELD ON MAY 16, 1994 (#12) #1929 ALONZO B. SERAN, III, 4099 HIGHWOOD ROAD -VARIANCES - PUBLIC HEARING (CONTINUED) directing of the water flow. Lindquist inquired if the house could be moved closer to the lot line and Mr. Seran responded that he had designed the house to allow more room for the mature Red Oak and Basswood trees which exist as shown on the site plan. Nolan stated he felt that the topography between the house and the lakeshore should be looked at by the City Engineer because it was a very sensitive area. He commented that the City does not normally allow any grading within the 0-75' setback area. It was moved by Nolan , seconded by Peterson, to recommend approval of #1929 variances for Alonzo B . Seran, III at 4099 Highwood Road, to allow replacement of the principal structure subject to approval of an integrated drainage plan. Ayes 5, nays 1. Rowlette stated she would have preferred to have discussed some hardcover removal in the 0-75' setback area. (#13) #1930 MARGARET B. COST, 255 BROWN ROAD SOUTH -VARIANCES - PUBLIC HEARING Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication were on file with the City. Mabusth reviewed the staff report. Margaret Cost and Clark Engler, the architect, were present. Nolan inquired what was the grade of the driveway and Mr. Engler responded that it was 9 %. Chair Schroeder noted that this was a public hearing . Adrian and Pam Kearney, 265 South Brown Road, were present and Mr. Kearney stated they were concerned about the driveway's setback from their property line and felt the applicant could reduce the size of the house to meet the setback so the variance would not be required. They were also concerned about the preservation of the trees located in the vicinity of the proposed septic site which provide the only screening between their house and the proposed structure. Mr. Kearney felt that a smaller house would require a smaller septic system. They were also concerned about the driveway and he noted that the County Department of Transportation had stated that they would like to see the existing entrance closed off and a shared entrance created. He stated they would like to work with the applicant to retain as much of the existing circle as possible and preserve some of the trees. Discussion ensued regarding sight distances and possible means of access for both properties. Chair Schroeder commented that the separate driveway had been approved so the Commission could not address that issue , but be felt that the applicant and the Kearney's could work together to resolve this. Pam Kearney stated they feel there is a great deal of erosion which bas occurred .sm the east side of the property which may have created a bluff situation. She noted that the 8 :MINUTES OF THE ORONO PLANNING COMMISSION l'vIEETING HELD ON MAY 16, 1994 (#13) #1930 MARGARET B. COST, 255 BROWN ROAD SOUTH -VARIANCES - PUBLIC HEARING (CONTINUED) elevations on the survey did not appear to reflect the real elevations that exist today. Mabusth noted that the topographic information had been provided with the Byfield Plat review and no land alterations had taken place on the subject property. Discussion ensued regarding the possible location of the septic system. Nolan stated he felt that the house could be redesigned to fit into the buildable area on the site and reduce the size of the building footprint. Discussion ensued regarding alternative locations for the driveway and the house. Chair Schroeder stated that the Commission was only acting on the structural setback variance from the tributary. It was moved by Peterson, seconded by Berg, to recommend approval of #1930 structural setback variance from a protected tributary for Margaret B. Cost at 255 Brown Road South subject to the conditions listed in the staff report. Ayes 5, nays 1. Nolan stated he felt the house was too ambitious for the site. (#14) #1931 MEGAN TULLY AND JAMES MCMANUS, 1910 SHADYWOOD ROAD~ CONDITIONAL USE PERMITN ARIAN CE -PUBLIC HEARING Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication were on file with the City. Gaffron reviewed the staff report and stated that staff recommended approval of the request to replace a lakeshore retaining wall and stairway, subject to the conditions listed in the staff report. James McManus stated that they do not plan to do any work on the north side so they are in agreement with the staff report. He stated they would do everything possible to minimize erosion. He stated they would prefer to use keystone instead of timbers. Chair Schroeder noted this was a public hearing; no one present wished to speak. Rowlette inquired if the keystone would change anything, and Gaffron responded that it wouldn't, indicating it was just a different material with a somewhat different look than timber. Nolan inquired if the applicants had considered what they would do to stabilize the area immediately adjacent to the lake, possibly by adding boulders or additional rip rap to stabilize the shoreline. McManus indicated he would consider doing this. It was moved by Nolan, seconded by Rowlette, to recommend approval of #1931 Conditional Use Permit/Variance for Megan Tully and James McManus at 1910 Shadywood Road to allow replacement of a retaining wall structure, with the conditions that the vegetation be replaced, a work plan be submitted to the City, and the time limit for construction be a period of two weeks from commencement of work. Ayes 6, nays 0. 9 . I CITY OF ORONO -NOTICE Toe Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday , May 16 , 1994 on the matter of reviewing the following land use ap plications : 1. #1895 Pat Wolfe, the owner of the property located at 2871 Casco Point Road , seeks approval of after-the-fact hardcover , average lakeshore setback and lake setback variances for the reconstruction of a shed located within his lakeshore yard . 2. #1904 Shelly and Eric Liljequist , owners of the property located at 3490 Birch Lane , seek approval of a conditional use permit and variance for the complete reconstruction of a residence to be located within the flood plain of Lake Minnetonka where no residential construction is allowed. 3 . #1919 Ty Bucey of 2677 Casco Point Road seeks approval of: side and street setback variances to allow expansion of the roofline of the garage located on the property ; and hardcover , lot coverage , lot area , lot width, building height and bluff setback variances for construction of a new residence on the property; and a conditional use permit and variance for grading within 7 5' of the shoreline of Lake Minnetonka and within the defined bluff impact zone. 4 . #1925 Peter Bovee of 840 Old Long Lake Road seeks approval of setback variances to allow the expansion of the roofline of the existing residence . 5 . #1927 Mark K. McCarty , the current owner of 245 Tonka Avenue, seeks approval of a rear setback variance to construct a new residence on the undeveloped property . 6 . #1928 Suzanne K . Wacker seeks approval of a 24 ' x 22' detached garage within the street yard of the property located at 1115 Brown Road South that would require a street setback variance and a variance that would allow the structure to be placed in front of the residence structure on the property. 7. · #1929 Alonzo B . Seran, ill, the owner of the property located at 4099 Highwood Road , seeks approval of lot area , lot width, hardcover within the 75-250 ' setback area , average lakeshore setback variance and side setback variance to allow the complete reconstruction of a residence within the approximate footprint of the former residence . 8 . #1930 Margaret P. Cost seeks approval of a setback variance from the protected tributary that encroaches the property located at 255 Brown Road South and in addition seeks approval of a variance that would allow a fence to be installed within a designated wetland located adjacent to the Luce Line. 9. #1931 Megan Tully and James McManus, owners of the property located at 1910 -Shadywood Road, have applied for a conditional use permit and lakeshore setback variance to allow the reconstruction of retaining walls within their lakeshore yard . CITY OF ORONO -NOTICE -continued 10. #1932 Orono School District #278, located at 685 Old Crystal Bay Road North, has applied for a conditional use permit and variance that would allow an existing concession stand to be relocated on an existing cement slab. The structure will not meet the required setback of 50' from the west lot line. 11. #1934 RRH and Company, the current owners of 710 Gander Road, seek approval of setback variances for both septic and new residential construction from the adjacent Natural Environment lake, the upper·basin of French Lake. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Jea A. Mabusth, Building & Zoning Administrator To be published the week of May 2, 1994. - CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1930, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 2nd day of May, 1994. ~~ Jamie~ ..... :. :-· ... --· ,,.,.-·-:_,. ..• -.-:-•1 -.::··=-~-;··~· ... ;r~_ ....... :t:::.,...~·-~·--r ·~~~~/-~~~-:-·-~,,,:1 1{;'".CITYOFORONO-NOTICE·,,-,; . ;Road, seeks approval of-lot area , lot width ,1 . . . . : ;, . ,.; ,·,;. .·,.· . -,~ardcover within , the . 75 -250' setbae:k ._area ,• · i' The .Planning . Commission . ,wj ll hold ,_ average lakeshore ·setback variance. and s1_de . public hearings in ·the _ Council.Chambers at . setback vc1:rian _ce _~to ~_all,ow--' th,e.i co!llplete 2780 Kelley Parkway on Monday~ May 16 , ,-reconstrucuon ··oi-a ~residence · within the 1994 on .the matter of rev iewing the following ·-. ..,_approxima te ,footpr int of the formenesidence . land use applications : ,.. · · · · · 8 . #1930 Margar et P. Cost seeks . 1. #1895 Pat Wolfe, the owner of the app [gY al of _a setback var iance from . the proper_!Y located at 28(1 . Casco Po int Road ,,, ,.protected _._.tributary . that encroaches the seeks approval of after-the fact hardcover."·: property located at 255 Browri Road South I average lakeshore setback and lake setback ;~and in addition seeks-approval ·o~ a variance · variances for the reconstruction of a shed . that would allow a fence to be ir,stalled within a , Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent anq __ elllployee 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 331A.02, 331A.O7, and other applicable laws, as amended. B .) The printed _=/4 ...... '/r.<4,;/J'--; .,_,_.1/4,,_._f "-"! (/4~~P4vC=·/4=(fiL4.J~JizJ;;/..,;=·~L..)_ located within his lakesho_re yard .>-;·:. ·'. ; _;d_~sign_ate~1~etla~9 ,loca~e~.adjace_nt to · the .------------------------ ··· 2 . #1904 Shelly and Eric L1IJequ1st , -. ,L_~ce L111e ._ ,,. _. · .. ;;-.-_; ,?, ·.-,: · ., ,J owners of the property located at 3490 Birch r.; f ;, '-•-9 .'-#1931 ,Megan 1ul_ly ,and JarJ7E!s',J which is attached was cut from the columns of said Lane, -seek approval ·of -a cond i_tional use , ,;-McManus;· owners of the property 'located .at', perm.it , an.<(,y ariance for. the \complete t'.! ;1910 Shadywood Road, have applied for ·a ; reconstruction .of a residence .to be located ·• conditional use permit.and lakeshore setback within the flood plain of •Lake Minnetonka il:?.varian·ce · -to ·' allow •·the recoi1struction s•ol where no residential cor:,struction is allowed .· r,:J!,-retaining walls within their lakeshore y_ard ...., ,,-. ·.·. -..,.-·· a :#1919 Ty Buce11 of 2677 ,Casco .Po int ,: .... -10. #1932 .Orono . School Districi #278 _- • f3oad S~!al-~~,.:approval of : side and street '1 1ocated at 685 Old Crystal Bay Road North . [,setbacl(yarjances _to allow expans iorr.of the ·;J• jilas applied for a· conditional use perrJ)it , and ,. · f roofline.9 t;Y,ij ~ijarage located or I/le prop~rty;_/~7y.~ria,r:ice ,.,t1Ja (r~ould \allow .. ,,an ( ~!l iS .~1)9 · •1 l!n<f·.bar9,~\1er, ··lot coverage ;,lot -area, lot .t. 'concession · stand "to · be ' relocated · .on · an width',~buifding height i and bluff '"setback·~_,e,i:isting· .cement slab . •The structure ·will" not t, vai:ia ncei.J o,rt con~truction of_ a new ~e.~Ld.e,nce :_b; !Tl.~t. tr!l/,Elq~~~E -.~J ~ba_~~ ~f -59' ~o(TI. l~e, w_es ! ,,on trye,.p_r:ope,;ty;.and a_ ~nd1t1on_al use,perm1t ;,, ,IPl'hne . ~· ••• · __ .: '•. ·.,.··. ·7 . . 1 .:.· •. ,· • • 1 and V~rtflllce ·;for . g(ading w ithin 75''·of:-the :f-,;'(:.:F·. -11 .. #1934 'RRH ·and Company, the ,.,shorehne ·of _1,L~ke Mmne_t~nka .. an_d .~~hi!\ tJ;i f:,b:P.ment owners ,o_f 7'..10 Ganqer.,Road, ·_seek :,defi.nid.~lu impact zone .. J,'°j' .,,,,~ti ,J., f'1-'_ '-~-:~~:·_ approvar pf se,tback variances for both ,septic . •5J';,'•.4M'1 eter Bovee of 840 ·Old Long : .·t and new-resrdent1al coristruct1on sfrom the : ,.[a~~J B.<>: eks··;·ap!)roval .-91:, ~etback _ t adjacent Natural ,Environ_ine u\J ake ; ih_e;!!P,Ae,:., ! I van~~g!' !lo_w }the_',.expal)sio ri,·,_o_f r.)h_e " ·1. basi ~1of _F.rench Lake .•,'~:.::-, f;;'/4..: : .. --· :· · ~ , . , ioof11r~-(? . x1sVng res1dence _.::-ti•»-JC';•·, r.~ ·;1", · "All persons · wishing to be · heard will • P.-~·,.;,.~t • _927}.Mark K: McCarty;·th!a! curr_ent;, '· appear at this meeting.·Wrinen_ comments are : : t owne _r;~tJ !~I onka ('-venue,_ seeks.'app roval ,::i~ solicited . Plans are _ available i_nJhe _Ci~ offices · r of ~ re ar~e\ba~k -vanance to· co,ns_\n;1g~ 1-1!;'14 .. -for ;1eVl~'!'!,:~Y.~PPQl_nJr;ne.ri t-.,,;.l)fi m: . !~~•.!('1 : ·res1dencel:ori1the undeveloped~operty.•« ·· . ;-,.-,A-·.· .. •,~,.,.. ,,,..s'.1,,_010 .J,,..:0 ~"F:.~·-.• -·.·_, .... _•' ···,; f. ~ • l •~ ~'-'I ,-l(t , -, · ~ • ••~ -~ ·1,:,\_i..,c,,,.·• -· ""' ,•·1 •,-1 '.~,::·.·0 0 ,;t:#_1j}~~Suzanne -K. cker seeks . ~city of Orono -·,·,::·,.~: ,,,:_,,,.,,,._:; · ": .' .. ";• ~---.•-:;_ · . j'approvaj'ti,~:2f le 22' detached garage within ':t By :,Planning Com_ 'inlssio rf(~;1 .,.,;:.l.··. -_~J i .i ;dl' (the street_y~_l:f:qt the property loca(ed .at 1115 1~.:: :X :a cc;:· .. :;~·-::_:, .,,••. ,;~·r: .-· ··' .. ;;,:·_:.' ·. 1_BrownR01lo .S!Juththatwouldre.qu1rea ·street "r.JeanneA.MabtJsth · '.-t :, ·· _-·. ··_• .... _ setback· variance · and · a· variance--that would :-. -Building &..Zoniog Admin istra tor ,;_·= n· . ..:..:. ' allow the .structure IQ .be placed in fr,ont of the 1 ;· --.• .• ,: •'<N \ -:::;-,-:. ,. ~-.: · . • . ,!~Jld~f1?. Slructur~J>l'!. !11e.prope rty,C ·.:/,:to ,. :(Pubfisl']ed'.iri\Ttie 'La'ketimd Pionee,Ma'yC2 . , newspaper, and w1as printed and published once each week for ___ successive weeks: It was first published Monday, the a ;uJ day of_-'-ll'--/,-J41, __ _ and was thereafter printed nd published every Monday, to and including Monday, the ___ day of __ ~~--~ 19 • &d&' Authorized Agent •7_.#1929AlonzoB.Seran,111,tl)eowner ·· .. 1994)' '> .. •i:'.0;_ 1.,1 · • • •.•: · . · __ -·1 of the property located at 4099 Highwood ~ ,\f ~ . '') ,y·• -J:1/ : ' ':., ,~,: -~ · · '··: ;: .·,>',,..: Subscribed and sworn to me on this .-~........... ... --. _,_.,. ~" ·-._ r .. .. ;;. ,:::.,,;-~. • -_~;.':""!! • ,.. •... • ' , -..,-... _\; ......... • • '. By : (1) Lowest c assi i rate paid by commercial users for comparable space: $10.96 per Inch. (2) Maximum rate allowed by law for above matter·: $10.96. (3) Rate actually charged for above matter: $6.16 per inch. -Each additional successive week: $4.24. I \ \.._ ·, ·,"._ ' --------....._, ---- ! _) ---------------__ . 'I)) --l'f.Ore:rtw , -----I,, I r,I ~ ...._,, ' I I I I \ I .-· I I I I ,. -, I I I I I ),' ', \, •,,'r,, ,_,. .. ... •· I '~"' ,.. .. ,• , , I I ; I I I /o / C TN71.b ep,- / // / .1 I . ~}l~ -r~•F , .. -----. .... ____ -11:----------.. r~WGP,. (O~t, -~-- ·----•. = ~ \:---- / // // Mrs> J-/ / ~~ /// ~'---r,,_\J )"'------! / / I \ I -/ I / I I I I I i I ! I I : ; I i .\ ,. :' .. I •. •, ' '\ \ . ,l -· ,f . ,. . I • -------_,,,,,. \ \ ' .,. . ! I : I -. i I l .,·\ f ' ~l I l ....... ~ -----~~ I ; ----,.~.~--\ . ··~ ( _f},,. _l,,,' $ • . it ~ tZ:;-· ~-· ~ ) I \\ l , : ~-: . /// /,--., I • / ' I i . ... ,:'/ , .. ,· . -. ,, \ . ~-.,,,,.. .. ,. .. \ ____ .... ... \_ ... ___ .. ., ,"'_...,. . .,-"" ,/ , ,. ,, ,I . , ,, . _, I . - -····· •• ·••*-·---... .. -__ ,.,... . ... _ _,. ----- .. _, : . / ,' ~.,.. /?// , ,. ~ I • r~-f \ ·-. \ \ \ ' \ ... ... \ ·.. ~ -' I • b:i \ ,, ' ) . • • - I i l \ -I .. • i I i I I 1 ' \ \ l I j i i \ \ ~ / (>(' ( !/ / \ \ •• , f . . '" I I I I J f I ;' t l ", "-...., I -~ ,, __ I i , f I 1·1 /·J;./ i j I I I _./ I _l /: . I J . ) I l f \ \ -~ "J ---- I I I •. . . . \ . . I .. -· . '• I • I----- .------ .. -~-_ ... --______ .... ----·--··. -·--------------------- . '· - \ -·-.. ,,. . \ _ ... -·- .. ~•' ..... ,r , ,,, ~ , ,, , , ,. , .. I \. .... _____ .,, ... -. -____ _, ----"""-.. -... ,.•·· . ---. ---- .. _, -· .-- ! . . / l . // / 1 ' / / / / ./ / I / I I : ' I ! ' I \ . . ~ . ,i ... ,.. / I 11 I l t I ! : j I 1' I I; .. I \ / I I _.,/ !J : /,I ; I: ,.,----i ; j \ ; ' /~ :, :1· I //, i '. i ! ,. / ' ' j I ; i I ,>" \ . /.': 1,·/ I \ \ r-~-{ 17 \ •• \ I \ ·.. . ; I ( \ \.,_ i \\ \ \ \ I ".,. \, . . . . . \ . '/0 \~'; ! I • ; _/. . ~/'~~ I ......,!-----' • •• I ...... ✓•• ( 0 ·- + 1 \ • I t \ ·. . ) J ~J I I , , ' \ I -I i r~~- \ !831171' CERTIFICATE OF SURVEY FOR MARGARET COST OF LOT 1, BLOCK 1, BYFIELD HENNEPIN COUNTY, MINNESOTA No•o3•1s"w 4/5,39 J .: ·:,--~----'6_ • ~ ---------Y,,---i ";,✓-;-~ \ ~I ~ r· .... ······················:.::>D,.q. o I / "1 ~ ·1 j q9 5: i .. ~ ·,[' l , \ . .-.,·Jot "'~ '!,. ,;:,~ .. \ ······································· ...................... , -, •• ·•,• I .•• ~ 'l \ . . ... ···········~ ... -· ,.~--,-....... \. 8 ... ,.. .. . . .. . . -· .. ·, . I \ \. ... . ....... I··-..... -·... ·=~-,,,, /,., \ i t 10\\ \ // ' l '. \ ,,,·\ .--···•• .. ~----·····~----··· .... :}~---,/ ,/ :__ '-,_''·z---: ( ,--···~-.:~·-···· ~q. --~.S:f_" ./ \ ;::::-..... ···.?,\,~---! ' . u • .. --~;----t:·----.. ~. \ \ ,. ... .. ,, ~ ···1 <6~f ;·: _____ ,~ \ ,..--~;:~······ ...... T<:.::.:····· \ 1,9 ~ ------,:------' ~;\ .... ;1:;:: ""~ ·, %>.s-~ ·-..-~!<!'-: ___ _,:,: _... i'1<!f <?~1loiririo~•··· ·· ,oo' \ z ···m ·:2. .... 1.-: . ·:?_ .. ·--t _j& .......... '---.... \.-4 t \ ............ ~-\1- \ ~ o,\ .. / '. 1···~-6()."3'< -? /~-f5b't1 <" 1/ c:! 'I t.,• I Cl '/ ~/ I LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 1, Block 1, BYFIELD o: denotes iron marker Bearings shown are ba~ed upon an assumed datum. This survey intends to show the boundaries of the above described property. It does not purport to show any other improvements or encroachments. \ ~ \ .. \ .. . . . . . . \ L£!.~}~ .. ~~:~,l~~: ~-4s, 1,1111.u.Kl Awmw • 1_.,,,~ L,h-. \1~ ;;w, hl:!-47.1-.tl-tl I hereby certify that this survey was prepared by me or uniler my direct super• vision, and that I am a· duly registered Civil Engineer and Land Surveyor under the laws of .the State of Minnesota. ~-c::!~"1/ SCALE I"= 60' Mark S. Gronberg Minnesota License Number 12755 /OB NO. 94-• /07 'l'l--107 \ Required submittal #7 List of legal names of all persons with an interest in the property: John M. Morrison and wife, Susan Morrison Owner Margaret P. Cost Applicant Married Married Required submittals #8 List of persons to notify of application Pam and Adrian Kearney,III 265 Brown Road South Long Lake, MN 55356 Telephone 473-4112 1 TOPOGRAPHIC SURVEY FOR -----------------------. MAUREEN BELLOWS _____. ~-\JC~ --------tJME-----'fllAI\----------------' _ __: __ --: ----!---~~~::;;:~;~~~~~;~' ~-;\1)i(m1rr;;:~ .. ------· IN THE NW 1/4 OF SECTION 3-117-23 L~,,.J "'""¢'•"' 7"he E.as> 7,:C is.rt of that port ai th" E.a~I holf <>f ,i,., IJc,,.tt,,,,ut t'",fu 1;,f 5<1<0ti011". ;....,,..,,,p 117/lodh, "l:'ong.& z:,we-,l"cJtM~"' 'PM, Ii''":! ~efwffn i-,,. S,....,n,o,,1)" ,-,~hi'-o,t . .,,al \<11e •f •h~ Chi~"¥ And ffodh ,l....,t.,n ('.,;r.,,.'! .:.,.,,f>G")' and i-hc -~ li= oi f!III Sa.,+;,~ f'ut ,.,r -.,,d €.o~t M•• ~\-I~ 1-la.-H,~t .,.,.,r.,..-. ""-'<Ord,ne +., fhc 6.,~.....,fll<lrii' 5 ........ , 1-+,.--.t. !r"'°r«o'( u,rtiff "1,at •h•::11 +cp""'n,pn,c. -e...r,ey-pre.p:v•d b~ m<, <>r i,nd<1,... "'Y d,',.,.,t -puv•••~"-<1!1d H,,at 1 ~ "clwlr l.taltl..., Lo<1dSuNe.'("'""°",-+1,,o\s..,::11ofthoSia/eof/ll,'~, ;g,,,,/_/ 0---1, <c:£ l'.attSa,..,,ne,g M;,.,<'6ot .. ~cHo.1%7.S'- \ \ ,o· \\ \ ~ . ······•,oE / I ,.---1/_::=-::=-~;::;::----:..-=-~ . 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' ··--~--~\\ \ \'-',_ ... , ',.:··~.e;;,,, "";.~~ ·•=':-:,, \ : ~ /1.,......... so \ ~-1 , --,, , , ',", "----' .;;-·-' \ \ -J:J. ·✓---,r .. : ' ', ,, \\ '\ •, '-.' ',, <-,'----, ', I ' / -,•"'"-,!, > < < ,, " , , \, ,, ,,~'-,--..:· .• , _),, •. \\ \ I / --f,~·'fA,,~ \17 ~{ I l___ \ \ \ ...... ----...... _ \ , ....... I \ I I, \ I ' \ tX'! I l l ' < •, ,,,,-,,'r" ,_;,_',< ,,,,w-~~"-----~gp1}, •, ,,-,,-,', -~-->«<-•>"''~l\'~ \li,·--f _,.r~ ili'i,l , ' ' ',, '-._ ', , __ '"' ,., "'"' S, ,$/j I ' ;/ ,rf• • +-Ii I ~-- ,, , , \ ', -, -, ·,, --;", ,1 '-,r , , 1,; -"""' H" ,: ', C= l \ ',.:-----._ '·-, •..;:.,,'!., \:ill~ , I !·_,.,. ,~1. I I ,f.v:_/ , ;i'q_+.,:, I ii ~-• -~ ' -', ---" ~ I ! •:::; I ,• ).4,} · \' I 1j i/\, ' I ' • V\' \ \ \~ ~ J 1'' l. ·••1 /' / : "J ~ \.' '\ / 11 ·:'l• , , -l .. ~. / , \ , , ,_ , -7v' ·. 't'i / , 1 , • , •• __. I .,i 'j ~~...,., '1 \ \ \ -'"'.II\ -..:.. ,.J ":{' ,{:':', ·"'~· ,, ·' \ :, J•L , , ' i ' V. I " '' ' •Z.., > ,• \ ' ' CC , r -\ \ \ d'" , 1· r, "'"-, . , '-', ,, " , • ' ' ,,,-,,,'c ,,,, .,,,,,,,,., I '\ , ' ' , ' I ,,-, ' -• , ' ,_,, ' \ '-I ,--- / 1 \ I • \ \ \ \ \ 11 ,!, 1/ \ 1(·r'." \ \ -..;: • ~• '.) ~. ', \ ti;~ rr--FJ ~ r \ \ \ \ '-\-> · \ \1, I \ , , , -• , / , I / \,_..---...J ... l,o;, .. , \, ,. -'1'1 -\, 1 , \ i 1 ' ••' '-\ • 1 ,, / ..-..-•--••Cskod"1 \ \ \ \ \ \'i \ \ l vfi / 'iL.'.. '/ 1r' ---" ..,__ ' " " -, -, ' -,--"' , " ,, 7, ' I -, i \ \ \ i " '(i , ' ', ,,;~ < ~ I \ 1 ; / ,; ,_ 1 ----1--~-\ • ' \ \ ' \ ,,, , , -' ' ( \ ~" I ·/• I / , \ __ \\ , , , , ~ \, r-\' \ . \.\ -\.l. ·I 'I'~-" i • 0' ' ' ' ,-'< ' ' ' ~• \\ I, ( ' B \ \ ---I \ ' • • • ' ,~, ,_ -I,,, 'ii / ~ \ \ '''-' \ \ \ \\ '' -, ,;;-;:_:-:•, I f,•;'t-, \ • .''U'"..J"!J"~ .set.LE IN FEET fJATE : DECEMBER 7, 1984 C:ATUM: MEAN SEA LEVEL 0 : DENOTES IRON MONUMENT BE:\RINGS SHOWN ARE ASSUMED ! 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'l4-·5':,l COFFIN 8 GRONBERG, INC. ENGINEERS, SURVEYORS, PLANNERS LC''.:G LAKE, MINNESOTA J'S·;,J?t . .:..}---. 33 33