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Home My WebLink AboutProject Packeti c. CITY OF ORONO GWRR1L LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION 1. 440 South Brown Road, Orono, MN 55391 Site Address 2• Unplatted 03 117 23 County Code 41303 Plat 2400 1. 3-11'7-23 42 0012 Property Identification Number (P.I.D.) 2. 03-117-23 41 001 Please cheek one - Is the property 2. 1. abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT 1. John Massopust, 440 South Brown Road, Orono, MN 55391 W:349-8540 Name ?. Longridae Associates Phone c/o W. D. MacMillan -Dept. 28, P. O. Box 9300, Minneapolis, MN Mailing Address 55440 --------------------------------------------------------------------------- OWNER Name Same as above Phone Mailing Address 1. May 1983 Date Property Acquired 2. July 1978 (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL 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 X $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $100.00 Appeals ST' 3 Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District 1. Residential Present Use of Property 2. Raw Land Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Excavate low-lying wetlands with a drat wo wi 4vwa Arw,s-. will have a deoth the attached plat map ----------------------------------------- ---------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (yo.A can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (i10) pre -addressed to each of the names on the above list 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 pr: vide all information required or requested by the Zoning Administrator, agrees'.o pay all fees and/or unusual expenses -incurred in reviewof this application, anJ certifies that the information supplied is true and correct to the best of ./hey ki:owledge. Applicant's signature�f t' 6 Date S ^ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of request. Owner's signature '� .� '`"' -�) Date 2. Varfner,, ongrT3qe Associates -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Comission meeting. Planning Commission Meetings are held on the third Monday of each month. RUN DATE 06/11/86 BATCH 001 38 03-117-23 13 0003 PROP ADOR OWNER NAME LONGRIDGE ASSOCIATES TAXPAYER LOIIGRIDGE ASSOCIATES NAME/ADDR 15407 MC GINTY ROAD WAYZATA MN SS391 38 03-117-23 41 0003 PROP ADOR 01700 FOX ST OWNER NAME CRAIGBAN( ASSOCIATES TAXPAYER CRAIGBA11K ASSOCIATES NAME/ADOR PO BOX 9300 MPLS MN SS440 38 03-117-23 42 0011 PROP ADOR OWNER NAME E W BREHM III t K H BREHM TAXPAYER KRISTIN i EDWARD W BREHM NAME/ADDR 430 BKOWN RD S WAYZATA MN 55391 y� 38 03-117-23 42 0014 PROP ADOR OWNER NAME L O L A R BADER TAXPAYER LARRY D BADER NAME/ADOR 420 S OP0114 ROAD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATTON SYSTEM PROPERTY OWNERS LIST 38 03-117-23 14 0001 CARGILL MAC MILLAN JR ETAL LCHGRIDGE ASSOCIATES D E DILLCE DEPT 28 P 0 COX 9300 MPLS HN 55440 38 03-117-23 42 0002 01880 FOX ST WM L WALDPON ETAL WILLIAM L WALDPON 1830 FOX ST WAYZATA MN 55391 38 03-117-23 42 0012 J B & L F MASSOPUST JOiIN B i LINDA F MASSOPUST 440 BROt21 PD 5 WAYZATA M14 55391 TOTAL BATCH 001 00010 REPORT NO. PI435401 PAGE 1 38 03-117-23 41 0001 EDNA C MAC MILLAN EDNA C MACMILLAN DE BILLBE DEPT 28 P 0 BOX 9300 MPLS MN 55440 38 03-117-23 42 0007 WILLIAM L WALDRON E.AL WILLIAM L WALDRON 1830 FOX ST WAYZATA MN 55391 38 03-117-23 42 0013 L D a A R BADER LARRY D R ALVINA R BADER 420 SRO:tN RD S LCNG LAVE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTkTION OF IHFOPMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNT1 DEPARTMENT OF PROPERTY/TAXATION, TO E BEST OF MY KNOWLE03E AND BELIEF r 1078 APPRoYuMA1E POND AREA Ar1n CRoSs Ste'-noN �= Oil FILL AREA, ,� SPG�►3 - ` - - - � - 1 - - - - - - `N SFb►IS S 6-on 4T �1 N 89' 5811IG"w 0 37761 8 H. 910 L=285, I sa'� I 7 00 // 00 / o / DE TA L ` io N.t to s•./. N 81' 5 6' 16"W 0. 4 c^ 40 b o � Dro'rroye /d,l,h/y eosemu l ►v 89' 5S' 5 -7' E 'tify that this is a true and correct representation of a survey of yes cf lot A, Block t, STRONGHOLD, the location of all existing f any, thereon, and the proposed ?ocation cf a proposed building. purport to show any other improvements or encroachments. III 1I • —. V--..-.. - .. . -- N 89.58 /G" W S � L !Pr v 132556 SFP?'1 c Le'r Z � I� �! y \ ` ��) \� ♦ � � ems, �, � � ; � 2, � \ 1 � 11 � \ � \ ` \\ \• 1 ' ` I, \ 13 .. J. 1 S AC. CtltdliwG It0A0 \ X • 1 \ 1 1 - — � _ \ 9.ay : A,:. fit TLOT i 1326.84 .�.. R sh" W Brown hoer Byse&. Mn 56"1 I�en r Tilt Ns►Ni A$ *,(Mo NW I wr-lai sf qc SsaMte=! yw.Mr W sac/,in 3, rownsh, p An9t ij iWasy sI tic 5� A'+'wc,jre/ Mr+d�an 'DO FEET 4or `3 O rn N° t GORDON R. COFFIN LAND SURVEYOR a PLANNER � E•AW • E • 3 i f Long ake• ' 33 •' ' • • —� NORTHER (BM l I -To 72 • ' O ``�` t j • y •• 0 it 1 •• f 1 O .,,•. Count Cf ul90 , f O Calvin �-� AW r - 1—y. — _ --- _ •elm .r- , _ " A,. �' - ,.Y "" �._•".._ _ c� Tan alter • Lake Y J/ i1 1 • _ v • Now coNV--^* rot R. 23. feet 265i 49 Qss`.J-- Pm 13015) O 1 i N �01 -fox 3 PONO WIG :f:. `.._;Y- _1 3 `? i N 89-38'16"W S � !Pr 132536 Se%*,nC. LWr 2. dA r Iwo2. �� I .� _ \ 3 ! . t+Cu� APAD ` , ' j.35 AC { ` Jim -r L �'d TLOT'' i I r r Q - N -*-ON mt3 ,7W _ , 11, 1 1326.84 6 w. 4' Sh" Wy,sw/b, Aim sfrt ` S0.*MN&/ fwihr-W Sed4m J, rdwrrs.4,p MPS , AmVe tj West of 49 54* a;,K,*/ Mr+dw /00 FEET 4ar 3 GORDON R. COFFIN LAND SURVEYORS PLANNER CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on Monday, October 20, 1986, on the matter of the following Land Use Applications: 1. #1078 John Massopust, 440 Brown Road South - Conditional Use Permit for excavation of a wildlife pond. 2. 11081 Gregory W. Long, 3359 Crystal Bay Road - Side setback, lakeshore setback, and hardcover variances for construction of a screen porch addition. 3. #1082 John F. Dougan, 2785 White Oak Circle - Conditional Use Permit for excavation of a ponding area to prevent flooding. 4. #1084 Robert Maxfield, 4175 North Shore Drive - Lot area, lot width variances to construct a residence on a substandard vacant property. 5. #1085 Richard E. Brown, 1245 Sixth Avenue North - Lakeshore setback and hardcover variances to construct a stairway in the lakeshore yard. All persons wishing to be heard will appear at this times. Written comments are solicited. Please make an appointment with staff to review the plans. City of Orono By: Planning Commission HUhael P. Ga , Asst Planning Zoning Administrator To be published the week of October 6, 1986 in the Laker and Pioneer Newspaper. CERTIFICATE OF MIAILING 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 #1078, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 30th day of September, 1986. J e 3osma oF OPIONO 4O TIE The Pianna+y OWNh1olvYI hold a pubrc � n the i u„r„ at n IIe e►a.+, Row on tiMlttlVy. Oclo0er 20 , p6A. on t 1 O, CM Affidavit O/ Publication bte VWIOr of the furor mp land use Ap". catb a 1 1070 Jahn ltaeaOpuol NO grown now South CondRbnst Use Permw for eacevetion State o! Minnesota County of Hennepin of a wddrfe pond 2 1081 Gregory W LON 3369 Crystal get, Row Side setback, tarearhore eeI- , and Bill Holm, being duly sworn on oath says thet he is 1"do0we""fom"for °ol@Wu~ ofa@crew+ an authorized agent and employee of the publisher porch adt> Jo iw 3 3Jof Oou0arh ? 7e6 Willits Oak car 010g2M newspaper known as THE BAKER Mound. Min- cic Corw-* rW tlae Permit for eacavathon of a oo WW area to v►evod f ioodrq nesota. and has full knowledge of the facts which are a 1 USa Robed Ulaatleld. 4175 North Shore stated below Or*$ t.a Woa. is ww vajan :ea to construct a rowdonce on a olbahndrd vacant property 5 10g5RichrdE groaw 1246SiathAverkn A ) The newspaper has complied with all the re North lakealhore aafback and hardcover von antes 10 ronstn,et a stairway iA the l.aeal,orp quirements constituting qualifications as a qualified Valid Aa Pisan 10 he Kura wA appear al newspaper, as provided by Minnesota Statute WyMterh Mill' W"ooltehhanta NO eoMcew r"W 331A02. 331A07. and other applicable laws as """ka 0 apVointn+anl W" ataff to review amended tf» Moral BOf "kam 1-7y BPiWW" comm+swori B i The printed Ci Michael P t]affr(x+ Asir Pam" and zorun(1 A`mjn,.%"""' which is attached was cut from the columns of said W A;5N t "' r r tl Laker ai1 P""'r'e' r newspaper. and s printed and published once each 7suc-essive week for weeks It was first published Tuesday (T r the day of 19 and was thereafter printed and published every Tuesd by to and including Tuesday the day of 19 Authorized Agent Subscribed and sworn to me on this / S dev of Cr . 19 a Pubk ,. �.euk war «rE t. +>� Ibte Iwosr "tion I 1 I lowest clWMbd rate pall by , unxr,er >M +Jena to c:onperebte •pace V Al per nc.h 121 Meawnuln rate Mowed t>y wm for above marten SI 54 per mch 131 Rate actu.*v chorgod for above natter to 54 per inch Eak h ed*IKXI l auccet uve week $3 03 per nw-h # 7 8 AnVVPMVMM AGREEMENT 'the "Agreement") made the 6th day of June, 1986 by and between John and Linda Massc,pust ("Massopusts") and Longridge Associates, a Minnesota General Partnership ("Longridge"). RECITALS: Massopusts own a parcel of property located at 440 South Brown Road, Orono, Minnesota (the "Property"). The Property is adjacent to land owned by Longridge (the "Longridge Property"). There is a pond on the Property which extends onto the Longridge Property. Massopusts desire to upgrade the pond, at their expense, and require that Longridge join in applying for City of Orono permission in order to do so. Massopusts represent that this is the only permission required and Longridge is agreeab" 4-0 joining in applying for such permission. AGREEMENT: 1. Longridge will sign with Massopusts, the General Land Use Application which the Massopusts will present to the City of Orono seekinc; permission to upgrade the pond. 2. Massopusts will do all necessary and pay all costs and expenses associated with the application and the work of upgrading the pond. 3. The work is to commence promptly -upon receiving the City of Orono permission and continue to prompt conclusion (estimated to be accomplished within three .peeks of commencing). 4. The work is to be accomplished with reasonably minimal - intrusion upon the Longridge property and in a manner that will preserve the natural setting. 5. Massopusts agree to indemnify Longridge and its partners against all expense liability or loss that the- or any of them ma% sustain arising out o; this upgrading of the pond project. -r7 S , �� LONGRIDGE ASSOCIATE£ LZ.l�'�cl� -`- Minnesota General Pa.L,.^r 1p �ohn E. Massopust W. Duncan MacMillan, Partner Linda Massopust #1�"78 440 Brown Road South Wayzata, MN 55391 August 29, 1986 Ms. Jeanne A. Mabusth Building & Zoning Administrator CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 RE: Land Use Application 440 Brown Road South Dear Ms. Mabusth: As we have previously discussed, I would like to upgrade the "mud hole" that sits directly below my home into a wildlife pond that will provide a suitable habitat for wildlife and be more aesthetically pleasing. This low lying area is not a designated wetland. Pursuant to your suggestion, I have contacted the U.S. Department of Agriculture, Soil Conservation Service, and have contacted one of ``ieir suggested "earth moving vendors" to perform the wort. The application has been signet: *,y both myself and Duncan MacMillan, as partner of Longridge Associates, since the low lying area actually extends ont) their property as well as mine. For your int ..- -. ition, I have enclosed a copy of our agreement with.. '�--igridge Associates. We intend to perform the work this fall so the pond will be able to accumulate the spring runoff. I have enclosed the following documentation, together with a check for $200.00, to facilitate your consideration of my request. 1. Completed application form; 2. Certified Property Owners List; #1078 Ms. Jeanne A. Mabusth -- 8/29/86 3. Stamped, legal -size envelopes (N10) pre -addressed to each of the above property owners; 4. A sketch of the proposed construction; and 5. The relevant section of the plat map with an "X" marked at the approximate location of the low lying area. 2 Thank you for your time and consideration of this proposal. If I can be of further assistance, or if you need additional information, please do not hesitate to contact me (home - 473-2424: office - 349-8540). Ve truly yours, John A. Massopust JBM/nml Enclosures To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 16, 1986 .u,� .• c , '� `'• U''"' •` Subject: #1078 John B. Massopust, 440 Brown Road South - Conditionel Use Permit - Public Hearing Zoning District - RR-lB Application - Excavate and fill to create a more suitable water fowl pond from existing pond - not a designated wetland. List of Exhibits Exhibit A - Application/Letter of Request/Agreement Exhibit B Plat Map Exhibit. C Property Owners List Exhibit D - Excavation/Fill Ilans Exhibit E - Survey/Topography/Wetland Airphoto Overlay Pertinent Facts: - This is not a designated wetland. Existing pond is a low area that holds water, apparently more this year than in other years, as indicated by inundated trees at perimeter, but no cattails. It is possible that pond outlet may have previously existed but was filled in somewhat by excess material when private road war built. Pond is at very high point in Lake Minnetonka watershed, has insignificant value as storage or nutrient retention area by virtue of a fairly small influent watershed. Proposal to excavate and fill indicates there will not be an overflow outlet, hence design is to capture and hold the entire current runoff inflow - this will actually be a benefit to the Lake Minnetonka watershed. , - • r_ A t♦.o ,0 .. zoning ^ile #1078 October 16, 1986 Page 2 of 2 Discussion: City Engineer, Glenn Cook, reviewed the site with applicant on 10/16/86. Cook noted that the water is apparently higher than it has been in the past as evidenced by large trees not standing in Chu water. The property contains many dead or dying trees at the perimeter of the pond and the proposed excavation of th-e pond and spoil disposal at the perimeter will help to "dress -up" the pond, make it more functiona 1 and attracti ve to wa . ei fowi , ?nd retain the entire runoff from the pond's watershe,9. Applicant notes he has omitted islands or nesting sites because they may become an attractive nuisance to his children. Staff Recommendation: Given Glenn Cook's favorable comments and support of the project, staff recommends approv"l per the proposed plans. All dredge spoils must remain on the site at the perimeter of the pond. Vegetation to be re-established around the pond as soon as is feasible. No need for special erosion protection measures is anticipated. Applicant is advised to contact the Minnehaha Creek Watershed District to determine whether they will require a permit, although this project would not appear to be of the magnitude or consequence normally requiring MCWD review. / NINUTsl*S OF THE PLAZANIIIG COMAISSION MEETING 111:L0 OCTOBF.It 20, 1986 .070 RICHARD RINEIIART a85 OLD LONG LAKE ROAD VARIANCE - SECOND REVI"W aicliar i itinen,,4rt was present f-.)r this matter. ;Asspstant zoning Adi,iinistrator Gaff ron explained that the applicant has suhmitteo an updated survey showing that the existing garage slab is within the property boundaries being 0.6' from the lot line at the northeast corner and 1.5' at the southeast corner of the slab. As requested by the Planning Commission at the last review, staff has looked at this property for alternative locations for the garage and found that given the location of the septic tanks and drainfield, and topography of the lot, and from a safety standpoint, it would be preferable to be able to drive forward onto Old Long Lake Road, staff feels the existing slab location is the most feasible. In addition, staff does not see any change in the drainage pattern. Even though the garage did not encroach on the neighbors property, Bellows stated that she still felt there were some problems with this proposal. It was moved by Goetten, seconded by f.IcDonald, to recommend approval of the variances as presented with justification based on the facts and hardships as listeu in staff's memo. Motion, Ayes 3, Nays 1. Bellows voted nay. #1078 .P)PN MASSOPUST 144V SOUTH BROWN ROAD iCONDITIONAL USE PERMIT PUBLIC HEARING 9:58 - 5 Mrs. 54 John Massbpust was present for this matter. r The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to excavate and fill to create a more suitable water fowl pond from the existing pond which is not a designated wetland. He noted the following facts: -existing pond is a low area that holds water, apparently more this year than in other years. It is possible that the pond outlet may have previously existed but was filled in somewhat by excess material when the private road was built. -the pond is at a very high point in the watershed, has insignificant value as storage or nutrient retention area by virtue of a fairly small influent watershed. 7 1 riwrCS OF Tli►: PLANNING COMNISSIOA MEi:'1'I2iG itrLU OC'1'OL3LIt 2�7, 1986 073 MASSOPUST CONTINUED -proposal to ex.:avate is essentially to clean up the pond area. -City Engineer Cuok has reviewed this application and has supported it. fie also note i that the applicant has omitted islands or nesting sites because they may create a hazard for children. No one •gas present from the public regarding this matter and the public hearing was closed. It was muved by Bellows, seconded by Goetten, to recommend approval subject to the following conditions: 1. applicant granting a conservation and flowage easement over the pone: area. 2. appropriate erusiun controls be taken. 3. applicant is notified that future home additions must be no closer than 26' to the wetlanu. Motion, Ayes 4, Nays 3. #1981 GREGORY M. LONG 3359 CRYSTAL BAY ROAD VARIANCES PUBLIC HEARING 9:56 - 19:11 Gregory Ling was present for this matter The Affidavit oL Publication and Certificate of Mailing was noted. Assistant 'zoning Administrator Gaffron explained the request to construct a second story screen porch addition and deck which would be mostly in the 0-75' setback zone. The screen porch would be mainly over the existing driveway and deck portions over what is grass now. Chairman Kelley react into the record letters of non- obiection from: J.R. Lofrano, 3365 Crystal Bay Rd.; Charles & Donna Carl, 3385 Crystal Bay Rd.; Jay B. Keiser, 3375 Crystal Bay Rd.; Mrs. James Ogland, 3345 Crystal Bay Rd.; Jon W. Papas, 3369 Crystal Bay Rd.; and John E. Kust, 3355 Crystal Bay Rd. No one was present ftUm the public regarding this matter and the public hearing was closed. H ZONING FILE NO. 1078 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/24/86 ----------------------------------------------------------------- TO: John B. Massopust COPIES TO: Longridge Associates 440 Brown Road South % W.D. MacMillan Wayzata, MN 55391 Department 28, P.O. 9300 Minneapolis, MN 55440 ------------------------------------------------------------------ TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------------------- DATE OF MEETING: 10/20/86 VOTE: 4 For 0 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Subject to -.pplicants granting a conservation and i lowage easement over the pond area. 2. Applicant is notified that future home additions must be no closer than 26' to the wetland. ----------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council Monday November 10, 1986 If you desire certified (oGir�s of the official Planning Commission minutes, ti,Py are available from the City Recorder after review and appro-a' by the Pt. ning Commission. TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members PROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 6, 1986 SUBJ: #1078 John Massopust, 440 S. Brown Road, and Longridge Associates (W.D. MacMillan) - Conditional Use Permit - Resolutioi. List of Exhibits - A - Memo and Exhibits of 10/16/86 B - Planning Commission Minutes 10/20/86 C - Resolution This is a request for a Conditional Use Permit for grading of a pond. This is an existing low area that intermittently holds water but is not a designated wetland. Please review the memo and exhibits of 10/16/86. Planning Commissiot, at their meeting of 10/20/86 recommended approval of the Conditional Use Permit for grading subject to: 1. Applicants granting a co!.servation and flowage easement over the pond area. 2. Appropriate erosion controls be taken. 3. Applicant is notified that future home additions must be no closer than 26' to the wetland. A resolution reflecting the Planning Commission recommendation is attached for Council's review. 530'718'7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2078 jOAN FER ENTERED D.F. %k*Mt;;FV IAA ,. t" ;., +•.GOi�C! A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 W FILE 11078 WHRREAS, John B. Massopust and Longridge Associates (herein- after "the applicants") are the owners of the property located at and near 440 Brown Road South located within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block, 1 Stronghold, Hernepin County, Minnesota; and The following described property in Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian: Commencing at the Northeast corner of the Northeast 1/4 of the Southeast 1/4, then South 380 feet to a point 936.4 feet North of the Southeast corner of the Northeast 1/4 of the Southeast 1/4, then Westerly parallel with the South line thereof 456.05 feet, then deflecting 89 degrees 45 minutes to the left a distance 191.55 feet, then Westerly parallel with the South line of the Northeast 1/4 of the Southeast 1/4 a distance 872.75 feet to a point in the west line thereof a distance 744.85 feet North from the Southwest corner thereof, then North 580 feet to the Northwest corner thereof, then East to the point of beginning, (hereinafter "property); and WHERRAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit grading and excavation of a wildlife pond per Municipal Zoning Code Section 10.03, Subdivision 19. NOW, THERElORE, BB IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41078. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. On October 20, 1986, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: A) The pond area in question is not a designated wetland. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _2078--- --- B) The pond apparently existed previously as a pond only on an intermittent basis, as indicated by inundated trees present at the perimeter of the existing basin, noting no cattails or other characteristic wetland vegetation at the site. C) The pon(: area may have previously had an outlet which was filled in during construction of the private road and cul-de-sac. 4. The pond is at a very high point in the watershed of Lake Minnetonka, and as previously existed had insignificant value as a storage or nutrient retention area by virtue of a fairly small influent watershed. 5. This proposal to excavate the center of the pond area and fill at the perimeter will provide no designated outlet point, creating a basin that by design will capture and retain the current run-off inflow, hence additional storage and nutrient retention will be provided in the watershed, which is a benefit to Lake Minnetonka. 6. The City Council has considered this application in_luding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Council finds that granting a Conditional Use Permit to allow the grading and filling in this pond area will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or ether danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping :ith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Sect .on 10.03, Subdivision 19 to permit the grading and excavation of a wildlife pond, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2078 1. Applicants shall grant a Conservation and Flowage Easement to the City over the pond area. 2. Applicants and applicants' contractor shall provide appropriate erosion control measures as required by the City Inspector. 3. The pond banks and disturbed area shall be re -vegetated as soon as feasible following completion of the excavation and grading. 4. The applicants are advised that upon granting of a Conservation and Flowage Easement over the pond, the pond becomes a designated wetland subject to the 26' wetlands setback. No future additions to the house at 440 Brown Road South may extend closer than 26' to the edge of the pond. 5. The applicants' contractor shall obtain a grading permit prior to commencement of the work on the pond. 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resclution 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. Adoppted by the Orono City Council on this loth day of November, 1986. J ATTBST: � / 1 of y Ha 1 n� ty Clerk Mary C. $u► 4er, Mayor LONGR I DGE A: LAJ Partner -- rope yrtyrt ( IATES 7 er(s ) W. Duncan MacMillan Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2078 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this T1tiRTWftWrr+ day of NOV6 ._ , 1986 before me a Notary Publ c within and for said couity, personally appeared V4• u*1CA-04 known to me to be the person s desrri ed in and w'-) executed the foregoing instru.ent, and acknowledged that he (they) executed the same as his (their) free act and deed. TODD D ANORENtS ' NOTARY PUBLIC—M1NNi3QTA HFNNEMN COUNrr Wv Ca*m Fipn►e Aug 7 1"? STATE. OF MINNESOTA ARY PUBLIC MY COMMISSION EXPIRES les. COUNTY OF HENNEPIN ) On this day of v> , 1986, before me a► soft ry KGliq i. witwithi n and for sCounty,- personally appeared known to me to be the park n s escr ed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same Ps his (their) free act and deed. i OTA Y PUBLIC 7 r� LINDA t it R"M W ARV PA" PWMMW hllWV ISM of Camme"" irA he so 1411 MY COMMISSION EXPIRES Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 10 , 1986 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. Witness Whereof. I have hereunto set my hand and seal this day of Dec eif�ber 19 86 •.�- or' --thy M. allin, City Clerk (SEAL) MINUTES OF THE REGULAR ORONO COUNCIL MEI.rING HELD NOVEMBER 10, 1986 #1076 KRUEGER CONTINUED time noting that Mr. Krueger is still within his period of statutory redemption which expires in January and Krueger may come back to the Counci 1 as the fee owner. However, the estate is opposed to the subdivision at this point in time because it is not in their best interest. It was moved by Councilmember Adams, seconded by Councilmember Gribek, to table this application at this time. Motion, Ayes 5, Nays 0. �#l0J8JObIN MASSOPUST/MACMILLAN TH BROWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2078 Zoning Administrator Mabusth stated that the applicant was unable to be present and requested that the Council act on the application in his absence. It was moved 6y Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2078 granting a conditional use permit for grading of a pond. Motion, Ayes 5, Nays 0. # 10 61 GREGORY W . LONG 3359 CRYSTAL BAY ROAD VARIANCE RESOLUTION Pamela J. Long and adjacent neighbor, John E. Kust, were present for this matter. City Administrator Bernhardson explained the request for a variance to construct a screen porch and deck addition, the majority of which is 1._.)cated in the 0- 75' setback zone on a very small lot on Crysta . Bay Road. Planning Commission recommended approval finding ttat the affected neighbor has submitted a letter of rin- objection and finding the side of the lot and the 1FIyout of the site are justifiable hardships to the prope-ty, subject to removal of the existlr,g hardcover =n the 0- 75' zone so that there is no net 0-75' hardcover increase above the existing 41.9% level. Mayor Butler noted that this was one of the many difficult small lots on Crystal Bay Road. It was moved by Mayor Butler, seconded by Councilmember Callahan, to adopt the resolution as drafted approving the variance request. t)iscussion followed. Assistant oning Administrator Gaffron noted that most of the addition will be constructed over the existing hardcover driveway. POPHAM, HAIK. SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAiiRA+ TOWER I; MINNEAPOLIS, MINNESOTA 55402 I AUGTELEPHONE A 1 o 1987 SIR-333-4000 WAIN( O.POPHAM HOWARb SAM ,.Iv[R� TELCCOPICA .I , RAYYOHD A. .•I.I IARRY O.Cf P[ SIR- 334 -2713 R,CHARP A. KAPLAH Jtrra(. P. CAIRNS 40094 W.SCHNOGRICH J ANI[ f. MA+C wJN fRVC[ 0. MlPNC[T[AS LOU'S P. SM"H D(NVCR MAUIMAN THOYAS l.S•R R[TT OARY D. BLAC ArORD FRANCIS J. CONNOLLY ROS[RT A. MINIS. JAM [S A, SUITE j400 SCpIT (. RICHTER •RUC[ H. LITT,E ROLIC • WORO[N OAV10 A,JONCS 1200 SEVENTEENTH STREET PAUL J. LINSTROTH HARM F. PALMA 13.MARC W.IT(N(•O LEE (.S.[CNY O[NVER, COLORADO 40202 SCOTT A. SMITH RUSSELL S.PON[SSA ! FRCOCR O.MRIGA /w[CON ALAIwICHAROS TELEPHONE 303-9i3-1200 ELIZABETH A. THOMPSON SRYAN L.CRAWFORD I S.. PATRICIA A. J[NS[N TEL[COPIC303-a93-2104 R AtITN J. HAII[LANO DAVID A.PlOgN (,.wOS[wT JOH.SON l[SLIC OILLET T[ HARM S. PCICRSOH MATTM[W [. UAMON GARv R,M•COM SER MIG HALL T. NIL•. SUITE 300 SOUTH D. RANDALL fOYtR JOHN W, ►ROVO ROS(R+ f.SVRM ROBERTH.LY„JJ 1600 M STREET. N.W. SRIAN N. JOHNSON aRtaORY O. GPOOMCR H UON V. PLUN ACTT. III THOMAS M, fIPA1JJf WASHINGTON, D. C 20036 TIMOTHY W. MUCA WIILIAM M, OJIIC. JR. /R(OC RICH C.SRp WN ROS[RT G. MOILANEN TELEPHONE 202-628-3300 CAROL •. SWANSON TERRANCE A. COSTELLO THOM•S M S(R0 T.OMAS F. NELSON T[LCC OPI[R jU2-ORB -S310 SRVCE A. P[T[Rf OH JOf[PH O. VASS J AM[f P. STC R(N THOMAS J. RADIO DIRECT DIAL NUMBER JULIE A. SW(IYZCR •RIAN W.ONM JAM[f S. LOC M.ARI OAVID L.NASH MALL THOMAS C. MI[LCNNAVSEN STCVtN A. C.ELCSNIA ALL(. W. HINO[R•A[w AATNL[(N M. MARTIN AATHLEEN A.SLATZ GREGORY O. SCOTT C LI rIOwO M, Ow[[N[ JONN C.CHIlD3 MICHA(. O.CHRISTCNSON SHARON N.IULLM(R O.WILLIAV -AV'-AN OP, S[ATON 334-2549 J.MICJACL SC.WART2 M'CHA(l O. /R((MJ THOMAS [.SANIJCR LARAYC M.OSfOs,Nt O• COV NS[L TODD IJ.JO.NSON FRIED L.MORRISON August 7, 1987 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: The resolutions which have been filed in abstr-ct properties are listed below along with their corresponding document numbers and dates of filing. Name Resol. No. Doc. No. Date Filed Ful—r 2097 5303079 7/24/87 Fisher 2181 5303080 7/24/87 Plank 2122 5303081 7/24/87 Gempler/Ives 2187 5303082 7/24/87 Gehrman 2171 5303083 7/24/87 Wear 2073 5304020 7/28/87 Rinehart 2077 5304021 7/28/87 Cook 2037 5304022 7/28/87 Cici 2075 5304023 7/28/87 Zitzloff/Grace Baptist 2099 5305194 7/29/87 Eisinger 2192 5305190 7/29/87 Zullo 2155 5305191 7/29/87 Johnson 2168 5305192 7/29/87 Peterson/Fritzler 2177 `305193 7/29/87 Hibbs 2121 5307185 7/29/87 Schafer 2132 5307186 8/3/87 Massopoust/Longridge 2078 5307187 8/3/87 Ulku 1659 5307188 8/3/87 Ragatz 2154 5307189 8/3/87 Baszucki 2175 5307191 8/3/87 Jeanne Mabusth August 7, 1987 Page 2 Mortenson 1734 5307192 8/3/87 Ulrich 2098 5307193 8/3/87 Ericson/Rizzolo 2030 5307194 8/3/87 VanEeckhout Bldg. Corp. 2117 5307190 8/3/87 If you have any questions, please feel free to call either me or my secretary, Joyce Pedersen at 334-2736. Very truly yours, L Nancy E. Husnik Legal Assistant NEH/jlp/3228 Enclosures POPHAM, HAIK, SCHNOBRICH 6 KAUFMAtS, LTD. 3300 PIPER JAFFRAY TOWER WAYN[ O.POP.AM .OWARD SAM MYERS.III RAYMOND A. HAIK LARRY O.ESP[L ROO[P �V.SC.NOBRICN 1-N-E S.MAY[RON DENVER KAUFMAN t-OMAS J.8ARPC1T ROBERT A. MINIS. JAMES A. PAYNE ROLFE A.WORD[N DAVID A.JONES O.MARC WHITEHEAD LEE E.9MEE.Y BRUCE O. WILLIS ALAIN IwECOH FREDERICK S.RIC.ARDS PATRICIA A. JENSEN O.ROBERT JOHNSON LESLIE GILLETTE OARY R. MACOMB�R MICHAEL T. NILAN ROBERT S. wURK ROBERT H. LYNN HUGH V. PLUNKETT, 111 THOMAS M, SIPKINS IPEDERI':It'.BROWN ROBERT C.MOILANEN THOMAS K. BE PRO THOMAP /. NELSON JAMES R.ST[ILEN THOMAS J. RADIO JAMES B.LOCKHARY DAVID L.HASHMALL ALLEN W. HINOERAKER KATHLEEN M. MARTIN CLIFIORD M.OREENE JOHN C.CNILDS O. WILLIAM KAUFMAN DOUGLAS P. S[AYON MICMAEL O. FREEMAN THOMAS E.SANNER Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Ray, MN 55323 Dear Jeanne: MINNEAPOLIS, MINNESOTA SS402 TELEPHONE 612-333-4800 TELECOPIER Bla-33♦-a713 wIC.ARJ A.KAPLAN JEIFwEY P. CAIRNS 7RUll B. MtIN[[T[RS OUIS P. *.IT. OARY D. BLACKFORD IRAMC.S J. CONMOLLY SUITE 2400 SCOTT [. RIC.TER BRUCE M. LITTLE 1200 SEVENTEENTH STREET PAUL J. LINSTROY. MARK F. PALMA DENVER. COLORADO e0:02 SCOTT A. SMITH RUSSELL •. ►ON[SSA TELEPHONE 303-693-IROO [LIZAB[TH A.YHOMPSON BRYAN L.CRAWF000 TELECOI.IER 303-893-8194 KEITH J. HALLELANO OAVIO A. RYOEM MARK B.PETERSON MATTH EW [. JAMON SUITE 300 SOUTH CO. PANOALL BOY[w JO.N W. PPI 1000 M STREET, N. W. BRIAN N. JOHNSON OREOORY O. BIROOMEw WASHINGTON, D. C. 20030 TIMOTHY W. MUCK WILLIAM M.0J11.E. JR. TELEPHONE 202-02e-S300 CAROL S. SWANSON TERRANCE A. COSTELLO TELECOPIER 202-SaB-53tB BRUCE A. PETERSON JOSLP. D. VASS DIRECT DIAL NUMBER JULIE A.SWEITIER SRIAN W. 0.M THOMAS C. MIELEN.AUSEN STEVEN A. CMELESNIK 334-2549 KATHLEEN A. BLATi OREDORY O. •COTT M,C.AEL D. CHRIST[NSON BNARON N. FULLMER Q (� August 28, 1787 7 J. MICHAEL SCHWARTZ LARAY[ M.0SB0RNC u. COVHBtI TOOO M.JO.NSON FIRED —MORRISON �LS�LSOV i The enclosed resolutions have been file in a stra property and have been returned: Name Resol. No. Doc. No. Dare Filed Baszucki 2175 530719:. 8/3/87 Cici 2075 530402:1 7/27/87 Cook 2037 5304022 7/27/87 Eisinger 2192 530515-C 7/29/87 Ericson/Rizzolo 2030 5307L94 8/3/87 Hibbs 2121 5307185 8/3/8- Johnson 2168 5305192 7/29/87 Massopoust;,Longridge 2078 5307187 8/3/87 Mortenson 1734 5307192 8/3/87 Peterson/Fritzler 2177 5305193 7/29/87 Ragatz 2154 5307189 8/3/87 Rinehart 2077 5304021 7/28/87 Schafer 2132 5307186 8/3/87 Ulku 1659 5307188 8/3/87 Ulrich 2098 5307193 8/3/87 VanEeckhout Bldg. Corp. 2117 5307190 8/3/87 Wear 207-1 5304020 7/28/87 Zitzloff/Grace Baptist 2099 5305194 7/29/97 Zullo 2155 5305191 7/29/87 If you have any questions, please feel free to call either me or my secretary, Joyce Pedersen at 334-2736. Very truly yours, Nancy E. Husnik '.egal Assistant NEH/jlp/3228 Enclosures