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Home My WebLink AboutProject Packetkit a as IN 11 . �.. �.• l-.. i !Ir1 K sOc J AT a••ti• v. ri. •� � �s" [1 � ��• .t Neq•N'tM �r•�+a V �f� � 1 par 56 • ..•r N • ► » f1'. .Nwr •� • . w/ •H •1Nd 40!l -•.y c. 4.^ 0 1 rN r1M♦Y Igo me M w* �N Iwo" IMw1 1 . 6-641 A'.wo to M�nlMeial•u►two EX i ... IT date rec' d by fee CITY OF ORONO SUBDIVISION A APPLICANT Name_ Mailing f Address PROPERTY Name OWNERS Mailingv Address (Attach st of more than one To1e1)hone 7`-� �6 �n L 77 J Telephone t 7 7 r7 D 4 PROPERTY LOCATION Street Address �Y � � �� ` •�`� - �y� � �<7( Legal Description ,�U,/ � i4 EXISTIVr, LAND I SF, Number of Tax rarcels Development Size Present Use (check) - _ Acres Dry Land Acres Wet Land Acres Total, all parcels J Residential; no. of units Other (specify) Present_ Zon_inq Dist. PROPOSAL lot line rearrangement only (no new building sites) _ subdivision for new building sites number of building sites: ,� existing units new units proposed dross density minimum lot size: proposed use: (check) 2-- total units 3 �uare unitF, per —E acres feet dry buildable land p/ residential other (specify) MINIMUM MATERIAL NECESSARY FUR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. Application completed 2. Preliminary Plat information on a certificate of survey 3. Cettified Property Owner's list of owners within 350' - from Nennepin Co. Dept. of Finance A-603 Govern- ment Center 4. Stmped, les,,al sized envelopes (N 10) d 1 d t 1 1r t l .t name.•s 1n 5. Application fee per current fee schedule: sketch plan only S50.Uo 2 lot prelim. plat 150.00 3+ lot prelim. plat 200.W (sketch plan included) + $10/lest Additional improvemcnt ��_.. review fees per fk:-e P=e-a r rc sae o sac 1 i grhedeile� they above 11st. -?Y � DATE '�/� .'f; l APPLICANTS SIGNATURr_ DATE 'f `"� OWNER I S SIGNATURE Applicant hereby ayr(,es to provide all information requimd or requested by the Zoning A:rimin.istrator, City Enainoer, City Attorney, Planning Commission and Council necessary to process this application and `.irther 3arves to pay all additional fees e4tablished by ordinance. HC 1233 PROPERTY OWNERS LIST KPT OF PROPER tY TAXATION A-603 GOVERNMENT CENTER MINNEAPOLIS$ MN 35497 LIST $1: E I CERTIFY THAT THE FACTS REPRESENTED ON T1415 CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORNAT'ON AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION, TO THE BEST Of MY KNOWLEDGE AND 91LIEF HENNEPIN CO. DEPT. OF MQ►ERTY TALI DATE _ 4f :�V%r1 FEE OWNER I TAX PAYER/ PROPERTY ADDRESS 10 MAILING ADDRESS Aw 4 6�ymje� �� t MqC /f414h✓ Vic. ,�•�.I�C�/E��'/li�-S•S 5� �i �it �� J_�rrV �ySs_O RtE�'7C+Iv�✓ �'D- 'S" w. �D Tc A Mfg A Stw ev'w 4� _At?IrAVrk -ems a roj l Arnow ka Cl AICT �qSY -it e� Y- it ISAITW A-1 0 ! Z7-5^*,,er w i . ► -, /- + a # W. - -xv. if - V-*- r te,Di Arco .7.5 z w4tv zgl- m r% 4�k CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on Monday, July 19, 1982, at 7:30 PM on the matter of Charles Kroc-,ess' application for a proposed 2 lot residential subdivi•- -in of property located at 185 South Brown Road. All persons wishing to be heard will appear at this time. Written comments aie solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Jea e A. Mabusth, Zoning Administrator CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF ORONO ) I, Jeanne Mabusth, Zoning Administrator, of the Village of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of public hearing _ concerning Charles Krogness' application for a proposed :: lot residential subdivision of property located at 185 South brown Road was mailed to the attached lis. of property owners. In Witness Whereof I have hereunto set by hand seal this 7th day of July , 1982 a. ^4*6'&4r Te—alfhe A. Mabusth, Zoninq Administrate. elMleelal powsom) IITY (II' ORONO vara'r. The- 11I.ennen9 Commin.i n will Will .� puhlir hearing in the Centrocol CiWwl- twi,i .a 1175 lteeuth Rroen Retail its ylnmlat Jut) 11. I= .d 7 U PM 00 1hr in.,nrr of Cbark•• tirte/ale•►. .W- pht.dosl1� s XopPwd21W resa�es- .J.uh�2 rtylw•atdat IFS tiotcob It1lMf ►It Is•rtlp9 inheht•.ud.in omw NrOh•n Clem mt•on arc rd Pl.mve arc av ol- .deh- ittr mt ieu In Iht• tit% nffh•eu 1 rt of Orein'. if, t'I.eonmlt i lnunns.aun JVA\V1: to M.tXI'f1T11 7.aeun« \dnum.t rotor i.tuh 7 Itiirh '.Ake, LAKE MINNETONKA SUN AFFIDAVIT OF PUBLICATION NORTH SHORE EDITION 640 East Lake Street State of Minnesota County of Hennepin Wayzata, Minnesota 1) K M(tHTI:YSON brink duly %worn on o.tth s.q s he is and during 1 Iimt . here -filed has heen the vice president and general manager tit the nr%%paper know as The Lake Minnetonka Sun %orth Shore Edition and has full knowledge of the facts herein %f iled a% follows 1I i Said newspaper is printed in the English langu.ige in newspaper formal and in i-nlumn .end sheet form equivalent in printed space to At least 900 square inches f2, Said newspaper i% weekly% :end I%distrihuted at bast olive evert week 13a Said newspaper has .SO': of its news columns devoted Io news of legal Interest to the rommunaty which it purports to serve and does not wholly duple air an}% other publication end is not made up entirrl) of patents. plate matter and advertisemem, 141 Said newspaper is circulated in and near the municipalities which it purports it) serve has at least Silu (copies regulars) deli%errd lit paying %uheeribers has an average lit at bast 73' % elf its total circulation paid e'r no more than three months in arrears and has entry as second class matter in its local post office IS, S.A newpaper purports to sere Way:ata Oronto Medina Mound Plymouth Spring lark Minnetonka Reach Minneirima Maple Plain .-ad la)ng Lake in Hennepin t'ount) end it has ties known office of issue in the Cit) of May talc in Hi•nnepin County. established and open during its regular business hours for the- gathering of news sale% W advertisements and sale of subscriptions and maintained by tho managing ofh(er of said newspaper or persons in its employ and subject in his direction end control during all urh regular husiness murs and devoted exclusively during such regular business hours to the husiness of the newspaper end husiness related thereto (!i Said newspaper files a cnp) of e.ch issue intmedii.10% with the State Historical Sticiet) i71 Said newspaper is made av actable at single or suhscnption prows It) an) permin Corporation partnership or other unincorporated asso(tati it rrquesting the newspapet .and making the .epphe •ihit- pa) ment 19i Said newspaper has complied wh .,If foregoing conditions for at least tine )rar preceding the da% ur dates of pulthedi ion mentioned' w 0- S.ud newspaper has filed with the Sevrrtar% of !Gate III Mannes(Ia prior to January I 19f18 am' :et h .i,inuar) I thereafter en affidavit in the form prescribed b) the Srcrelary of Stair and signrd !y it r managing aftit rr c' .:cod nt•w%peprr and sworn to before a nolary putelae %filing that the newspaper i• a legal newspaper lie further s+.+tc• on n•tth tte.et the printed Hot ice of Public Hearing hereto attar heal •i, a pert hereof w.es 'tit brim the ,ntumns of said i•t•wspaprr .and was printed Notice of Public Hearin 11e further !stater on oath that the printed gi -- herein attached a. a part hereof w,►. ( ut Irmo) the i-eolumnR tit •aid rrwcpaper and w.i% printed and publi%hed therein in the Engliuh unr t. a .it-h work Ior __Q11ut t•rwe e• %414-k% that it waK Llr*i wl puhl:oohed ,it Wed tli, 7 11.1% fit July and raj. thereafter luinted .Ind puhli.Md m r%r-rt it, Ind inducting the dad tit _ 14 ar(i that the Inllli%in` it/ a printed rnp) of the tower r am, alph.thet trnmi % to I tmith inclu%i. i, and i. hereto) m kno+a ledgrd .ei toeing the site and kind of to pr uRed in the Iwnilulatwn and pudliA ,limn tit :aid native it, A it eM Arl�pr�kirnnnixlt�t;r� r s�► %Utm-ritwd 'lies .Mufti 7'. I'o Sr it !!;I- its 12 ,. �,tir.•utq $b �.'t Ylyli.. f (,PC,- %, {f•.et lot July 14 82 SITE "'7nL r.:IC:; RIFFORi •'"�. r�,., ,'' :`r FCIR RLT:S Y.ric�'r:;i:SS �' r L-�r W 0N0 , Cn J: v ', -. , 19b2 si:. :.ercol.:tion -cles were tested -nd .._. e soil torings token on t:-,e to detcrnine tctr s rri- :o:._ry and alternate dr .infield site fcr a rc-.csed new lot. On. May two addition,,! holes and one soil 'r.orirg were t- _ ted for an alternate site for the existing house, and two percolation "cles and one soil boring were taken on the original site since it appears that t!:e new house would extend into the origir,ul :.ri- ry site -nd thus a new alternate site wo-,;ld to needed. �11 of the perc^lotion holes w,. re du. ?- S. q feet deer any inches in diameter while the soil borings were dug c inches in diameter to the 4 foot death LInd j inches in diameter to the re- meining derth. The were d•,;w with Loth power a.nd hand augers while the soil t crings were dug with bucket tv. e !.drd sug- ers. !ince the �.cuse ^:i�:.i.t extend into the original .r.—r3 site the new , : imary s{ to will conr.rise of holes c,L,5,---nd b with t:.e alternate site being roles 7 and 6. ?oth had ver-y fast :erccla- tion rates which would enr:'cle standard or shallow trench systems to be constructed. ecause of the sandier lavers a lot of water seeps through the :round causing a high seasonal water tatle that follows the contours of the .ill down to t'-,e pond. .hus, it will be necessary to coast^act sera lyre of diversion for this water whc-n the drainfieid is rut in. :i.is will :e covered in more de- tail ir a system design once the hc-.;se si^e rind loc,�tion is The ilternate site for the existinv house also httu a fast rrrcol&tion r:te enabling a s`_ndard syster.. tc to used if the reed ever arises. If any other information is neede::, tlease contact me. ;incerel7, F.RCOR , :' CHtiRLES KRCGNESS FRCFERTY GRCN09 MINNESCTA LCT 1 Fercolatior. Resllts pole -!No.- Material Fercelaticn Rite F -1 Red Brn. Sandy Loam 7. 7 N.ir.. -� Lt. _rn. Coarse Sand b.0 F-% Gray Brn. Lcamy Sand F-4 Frc�.n Silty Loam. F-5 Brown Sandy Liam 7.5 F-.: It. Brn. Silty Loam 3rc•::n Lc._zay Sanc F-= Brown Cla7e4 Sand T:,t a•:eraFe perce,atic-, r to f-r hcles - ;., ,- j i.,_ {r,/ir,c:.. The sverza..e perccl%.t°on rrxte ^c,r' r�.�'es 7, c, ;* .. ncn. S. * 1 3'ack Z'_,n.y Loa.;. nrn. Sandy Clay 1.5-3.5 Brn. Sandy Loy:. 3.5-4.5 Dk. 5rn. Coarse ;ravel 4.5-5.5 Brcwn Clay Loar: 5.5-•o Gray Silty Clay Mottled soil at 5.5 :,t. and water table at 5.8• ft. after 2µ Mrs. S.R. a j Depth(ft.) Mgterial 0.0-0.3 Dk. Brn. Sandy Loam 0.3-4.0 3rn. Sandy Clay 4.0-5.0 Brn. Clay Loam 5.e-b.0 G-ay 3rn. Clay Loan Mottled soil at .7 ft. and water table at 3.7 ft. after 24 hrs . S.R. # 2 D(_pth.(ft. ; ''aterial 0.G-v.2 :^Ibck Lobs; C.2-3.0 Brn. Clay Loa.� 3. C-5.5 Lt. Rrr.. Silty 7 oh n 5.5-8.0 Gray 3rn. Clay Lcrr L'ottled soil at ;.0 : t ar.� w`tc^ table at 5.0 ft. after 24 :-.:s. S.P. i 4 Lepth(ft.) Material Sandy Loam Rrn. Sandy Loam Brn. Sandy Clap ...r-?.0 --rn. Clay Lo&m ,.otticc soil at 5.0 ft. arc water t "t.&C t ft. after 24 rrs. CHARLES FRCFERTY ORONC, LOT 2 Pere -Plat -Ion desalts Eole No. Msterial Rote P-1 Rey Brn. Clayey Sand 7.1 Yin. , L,c:. r,-2 Jk. Brn. Cla-,ev 5Knd 5.7 it T.ie average percolation rate is � .4 _: r.utes per inch. S.B. 4 1 c: th(ft ? 0.0-3.0 3.C-4.0 4.0-6.0 6.0-7.0 Soil =oring Material Black dv Loam Dk . Brn. Clayey Sand Dk. ?rn. Clay Loan Brown Clav Loan Y ottled soil at 5.0 f t. Lnd water table at 5.;, ft. _fter 24 hrs. F5 A, koc-/t /E 5-5 , AxoA"� Opp, dW .00--op -,opt; So /fir TRAIL wm- ONE g.UcL' -rCAZe' f CXHISIT TO: Jeanne A. MaLusth, Zoning Administrator FROM: Michael P. Gaffron, Septic System Inspector DATE: June 1, 1982 SUBJECT: #683 Charles Kroqness - Suhdivisic.. - Septic S,./stem Re. :w I have reviewed the proposed subdivision and wish to make the following comments: Lot 1 (new lot) - Primary and alternate sites were tested, with percolation rates averaging 7.4 and �.7 zip;. respectively. Water table depth ranged from 3.7 ft to 5.8 ft or deeper, hence shallow trei:hes would be recommended, as well as runoff and groundwater diversions uphill from the system, assuming house location does not change. Lot 2 - Existing house with existing system. Existing system was inspected in 1981 and appeared to be in operable condition. An alternate site has been tested and is suitable for a standard drainfielC. One problem does present itself, however. F.t least one drainfield line protrudes approximately 15-20' into the proposed now lot at a point where the new house would presumabl; be located. Orono code requires a 20' setback for drainfield from property lines, although only 10' is normally enforced where reasonable to do so. '';or this subdivision, since the existing drainfield woo' tia very close to the proposed new house, two options preL �.hemselves: 1 - Rearrange lot lines to gi-e the 10' setback. This would severely limit the area where the proposed house could be located. 2 - Cut off the existing drainfield to a point at least 10' back from the proposed lot line, then add an equivalent amount of drainfield downhill on Lot 2. While it may seem unreasonable to remove an existing functional drainfield becuase it is over the lot line, it is equally unreasonable to expect a future owner of Lot 1 to allow treatment of his neighbors sewane on his lot.. Futhermore, the expected runoff from a house ryn Lot 1, as well as construction fill and disturbance, might possibly disrupt the proper functioning of that portie,n of drainfield anyway. One problem that may crop up is that by cutting ofi tt.e end of the drainfield, the soil disturbance may create a seepage point if the line fills up. My recommendation is that the entire line (or lines) be abandoned arid the equivalent or- more of new drainfield be co,istructed further south, where the effect of added runoff will be lessened. (While allowing the lines to be merely shortened would be acceptable i` we knew Mr. Krogness would continue to own the existing house, we should not. take the chance that drainfield chances made necessary by the subdivision cause a suture problem for a nee owner of the existing house) . CITY of ORONO P—t I/lfirr Ilox h60CrvMtd1 Hay. Mlnnemota MW*Municipal Wfice, On thr .Forth Swore of Lake Ahnnetonka June 17, 1982 Les Weigelt Hennepin County Highway Department 320 Washington Avenue Hopkins, MN 55343 Re: kiomCharles V. Krogness, i85 South Brown Road Subdivision Dear Les, The Orono Planning Commission is in the process of reviewing the above referenced 2 lot plat. The access corridor of 40' for Lot 1 is unacceptable and we will ask for a shared access at the existing driveway to Lot 2. Please submit any comments you may have concerning the proposed subdivision prior to the Planning Commission's scheduled public hearing on July 19, 1982. Please contact my office if you have any questions. Sincerely, Jeanne A. Mabusth Zoning Administrator Enclosure CC: Dave Zetterstrohm rt 11 tqr/. • 471 ' 1. 0 %I)Ml%l%I M k I It1♦ l 1 I%A\t 1 411 111,14 0 1.1 bi It wo"k1. 4 ly e TO: Planning Commission FROM: Jeanne A. Mauusth DATE: June 17, 1982 SUBJECT: #685 Charles V. Krogness, 185 South Brown Road - Subdivision Zoning District - RR-1B Application - plat - 2 lots Area - 8 acres Review - Work Session List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Septic Report Exhibit D - Septic Map Exhibit E - Preliminary Plan The applicant proposes a 2 lot plat of his 8 acre homestead. Mr. Krogness plans to construct a new home on Lot 1 and sell the existing nomu on Lot 2. The newly created lots satisfy all standards of the RR-lB zoning district. All existing structures, except for a playhouse on Lot 2, meet the required setbacks from the proposed division line. Access via the location at the 40' corridor at Brown Road is not acceptable. This access will be subject to review by Hennepin County and that report should be received by the night of our public hearing. I would suggest a shared access at the existing dri,,•eway to Lot 2. Lot 2 can grant an exclusive access easement in favor of Lot 1. Access via the 40' corridor is limited by a steep sl-)pe, powfr pole, proximity to bridge over Luce Line and a heavy buffer of mature trees. The access question is similar to the concerns expressed by the Planninq Commission and Council during the subdivision review for Bob White's 2 lot plat. In that application, the City required portions of one lot to abutt the public road but required access to that same lot via a safer existing driveway on the other lot. The septic review found Lot I able to support a standard septic system (shallow trench design recommended). Our site inspection found Lot 2 with more serious problems. Portions of the existing dra4`ield appear to extend 10' to 20' into Lot 1. The proposed nee for Lot 1 will be located or rather squeezed into the eas corner of the lot :iangerously close to the existing sepLIC iine. Rearranging the lot line will not help the applicant as it will do away with his potential hou:. location. The septic consultant is wary of merely closing off the encroaching septic lines 10' from the lot line because the soil disturbance may create a seepage point if lines fill up. He also is cautious of the nearness of those existinq lines to potential run off from the new home and the usual disturbance of lands associated with construction. #685 Charles Krogness Page 2 Subdivision Staff must recommend that the entire system be abandoned and replaced further south and west in the area of the alternate drainfield test site. Applicant can be given a choice between relocating existing drainfield or future house site on Lot 1. A public hearinci is sc'..,3duled for July 19, 1982. MINUTES OF THE PLANNING COMMISSICN MEETING OF JUNE 21, 1982 Page 10 Mary Butler, Council representative, was asked by the MARTIN (CONT) Planning Commission to give her opinion on the pending application. She stated that in past applications by individuals with warehousing their own materials, most were denied finding it not compatible with the zoning district. She noted that the Council was not addressing the "wini-storage" at that time. She felt that "mini -storage" is different. She noted that she would like to see it all in one building rather than five detached buildings. She noted that the zoning code does not address itself for this type of use. Kelley noted that this type of storage should be for residential use only. For example, apartment dwellings with no storage facilities. Callahan noted that he too would rather have one continuous building rather than the five detached buildings. Rovegno moved to deny Erwin Martin's request to build five "mini -storage" Sheds based on the following findings: 1 - This type of use can't find a home in the B-1 district. 2 - Council should examine storage in the B-1 district for residential use as a possibility since it doesn't fit in the code. Hammerel seconded. Vote: Ayes (6), Nays (0). (1) Abstention. McDonald abstained because this was only a sketc`i plan review. Opheim noted that staff should res,2arch on such a storage use and also the limitations to storage suct-, as flamables. Applicant was present. Applicant noted that Sullivan's had two drainfields put in and that he would check with them to confirm this. Opheim asked about the existing drainfield on Lot 2. Applicant stated that there wasr:o problem with access. Mabusth stated that Hennepin County would be submitting a report on location of access for Lot 1. Applicant stated that if they ran an access into Lot 2 that it might destroy the turnaround .rori the garage. Callahan strongly concurred with the applicant. Planning Commission fount no futher problems with the application and scheduled a public hearing for July 19, 1982. �/'CHARLES KROGNESS 185 Brown Road So. Subdivision #685 NTT'of ORONO 'opt (ghee Fins Me ('ry*W Hay. Minneeaitw WN1210 Municipal Offices Telephime 47:4 7357 Charles Krogness 185 South Brown Road Long Lake, MN 55356 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting Votes: For _— Tgainst Planning Commission recommends the following: Control No. 685 Variance Conditional Use Permit Y Subdivision, Preliminary Data of Notice 6-23-8 Approval: As submitted Approval: Subject to condition. noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant _ Tabled: Pending review by others, or further Planning Commission study X 'go action required NOTES, AND SPECIAL CONDITIONS A public: hearing has been scheduled for your 2 lot plat at 7:30 PM on July 19, 1982. - - Applicant's next scheduled meeting is confirmed as: Planning Commission — July 19, 1982_- ---- Counc i 1 _ - -- -- - - --------- --- Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline fc_ the meeting is - - ---- orfor the __ __�___ meeting. In all cases, the application must be continued with the submittal of requested information withinor the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrat ir. If you desire certified copies of the official Planning Corrrniss.icn MinutNs they are available from tho_ Builliny and Zoning Se--retary up<n revs -- and approval by the Plannin l c'c rr^�is .ion. DEPARTMENT OF TRANSPORTATION `o 320 Wasnington Av. South =; = HENNEPIN Hopk;ns, ivlinn¢sota 55343 LFU 935-3?51 July 13, 1982 Ms. Jeanne Mabusth 4 4 Zoning Administrator AL City of Orono P.O. Box 66 CITY OF O ONO Crystal Bay, Minnesota E5323 Hear Ms. Mabusth-. RE Proposed Plat - "Charles V. Krogness" CSAH 146 NW Quadrant Luce Line Trail Corridor Section 3, Township 117, Range 23 Hennepin County Plat No. 1031 Review and Recommencations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutt*ng County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvement; to CSAH 146 the developer should dedicate an additional 7 feet of right of way making the right of way 40 feet from the center of CSAH 146. -Although the access spicing is very close Hennepin County will allow a direct access from Lot 1 to CSAH 146. With the steep back slope, grading must be done and all overhanging branches trimmed to keep sight distance open. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit nrinr to hegintinn cnnstruction. This includes, bu* is not limited to, drainage and utility fonstruction, trail development, and landscaping. See our Maintenance Division 'ot utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any resp)nse or questions to Les Weigelt. Sincerely, 'James M. Wold, P.E. Chief, Planning and P►ograrmTiinq JMW/LDW:pI HENNEPIN COUNTY an equal opportunity employer TO: Planning Commission FROM: Jeanne A. Mabusth DATE: July 14, 1982 SUBJECT: ##685 Charles V. Krogness, 185 South Brown Road - Preliminary Subdivision - Public Hearing 7:30 PM Zoning District - RR-lB Planning Commission Action - Recommendation of Preliminary Approval At our work session meeting staff advised the applicant of the possible need to realign the newly created lot line and the possible need to require a shared access for both lots at Brown Road. In regard to the location of the existing septic system on Lot 2, staff met with the septic engineer for applicant in order to determine the exact location of the septic system in relation to the lot line. It was found to be right on the lot line and not 10 feet into Lot 1. The lot line has been slightly altered to allow for a minimum setback of 10' for existing drainfield. The lot line change had little effect on the proposed house location. I regret . do not have the County's written response concerning access t-. the plat but they have assured me that there will be no problem in creating a new curb cut within the 40' wide access corridor of Lot 1. In fact, their recommendation will ask for the removal of certain plantings alc•• the roadway that will make both accesses Far safer for i r•2 owners and the general public that use Brown Road. Staff has no other concerns relating to the Krogness plat and suggests the following approving motion: To recommend preliminary plat approval of the 2 lot plat of Charles Krogness finding that the proposed subdivision meets all septic standards setforth in the Orono On -Site Septic Code and the standards of the RR-lB zoning district nd that each lot is of a size and configuration that will allow its use as a single family residence without the need of any setback :variances, such approval is subject to the following conditions: 1 - Wetlands to be described on the plat as drainaqe easements and dedicated to the public - a conservation and flowage easement shall be required over, under and across the wetlands. 2 - Proposed house and all accessory structures on Lnt 1 must meet all setback standards of the RR-1B zoning district. 3 - Future Owner of Lot 1 must obtain an access pernit from County Highway Department prior to construction. 4 - Park Dedication fee of $100.00 for newly created lot. MINUTES OF THE PLANNING COMMISSION MEETING; OF JULY 19, 1982 The Planninn Commission met on the above date. The following members were present: Chairman Hammerel, Kelley, Goetten, McDonald, Rovegno and Opheim. Mayor Van Nest was not present. Jeanne Mabusth and Tom Jacobs represented the City staff. Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this application. The applicant was present. Mabusth noted a slight lot line realignment and also noted the Hennepin County letter requesting 7' additional right of way for Brown Road. Rovegno questioned the County's request for the additional 7' of right of way wizen they already have 66' existinu. Mabusth noted that they were probably requesting the additional right of way because this property is very close to the luce line bridge. She noted that in other applications that the County has requested additional right of way before bridges. Rovegno stated that he felt this was not consistent with the City's comprehensive plan as South Brown Road is classified as a collector road. Hammerel moved to approve the preliminary subdivision of Charles Krogness located at 185 Brown Road South finding that the proposed subdivision meets all septic standards setforth in the Orono On -Site Septic Code and the standards of the RR-1B zoning district and that each lot is of a size and configuration that will allow its use as a single family residence without the need of any setback variances, such approval is subject to the following conditions: 1 - Wetlands to to described on the plat as drainage easements and dedicated to the public - a conservation and flowage easement shall be required over, under and across the wetlands. 2 - Proposed house and all accessory structures on Lot 1 must meet all setback standards of the RR-13 zoning district. 3 - Future Owner of Lot 1 must obtain an access permit from Hennepin County highway Department pri-)r to construction. 4 - Park Dedication fee of $100.00 for newly created lot. 5 - Planninc: Commission recommends to Council, that the additional 7' r&luested by the County should not be enforced to this application. Kelley seconded. vote: Ayes (6), Nays (0). ATTENDANCE 7:30 PM �/CIIARLES KROGNESS 185 Brown Road So. Subdivision #685 Public hearing 7 : 3 0 - 7 : 3 1 CITY of ORONO NO1 Post t)(ruv Boa 6i*cr)%tr1 fta), Minnesota 'l"1•NuniriVnl tlffirr� TrleVhtine 473 7.i:�7 Charles V. Krogness 185 Brown Road South Long Lake, MN 55356 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting _ 7-19-82 Votes: 6 For _ Against Planning Commission recommends the following: Control No. Variance _ Conditional Use Permit X Subdivision, Preliminary Data of Notice 7-20-82 Approval: As submitted X Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study — No action required NOTES AND SPECIAL CONDITIONS Planning Commission voted unanimously to recommend approval of your preliminary plan - _please review the attached memo. 1 XI Applicant's next scheduled meeting is confirmed as: Planning Commission Council _ Aug-• jt _91 1(L82 r 1 Applicant's next scheduled meeting is dependent upon receipt of L_1 additional information. Deadline for the meeting is _ _ or ----- — -- -- -- --- for the - , meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant bas trouble obtaining additiona,. information, please contact the Zoning Administrator. If you desire certified col:i,�. of the offici;l Planniny Cor-r+issi-jn Minutes they ar.-- available- from the duildinj and boning Se_retary, upon revi=w and approval by the Planniny Ccr,,,:nission. TO: Charles Krogness FROM: Jeanne A. Mabusth DATE: July 20, 1982 SUBJECT: Planning Commission Approval Conditions To recommend preliminary plat approval of the 2 lot plat of Charles Krogness finding that the proposed subdivision meets all septic standards setforth in the Orono On -Site Septic Code and the standards of the RR-1B zoning district and that each lot is of a size and configuration that will allow its use as a single family residence without the need of any setback variances, such approval is subject to the following conditions: 1 - Wetlands to be described on the plat as drainage easements and dedicated to the public - a conservation and flowage easement shall be required over, under and across the wetlands. 2 - Proposed house and all accessory structures via Lot 1 must met all setback standards of the RR -le zoning district. 3 - suture -),.,nor o_ Lot 1 :.ust o:)ta_n an acces3 and utility permit from County righwa y Department prior to construction of driveway. 4 - Park Dedication fee of $100.00 for newly created lot. 5 - Access approved within 40' wide corridor subject to adequate grading of steep slope and overhanging branches trimmed back. 6 - Planning Commission voted to recommend denial of County's request for additional 7' of right of way. TO: Walter R. Benson FROM: Jeanne A. Mabust.h DATE: ?.uclust 3, 1982 SUBJECT: #685 Charles V. Krogness, 185 Brown Road South - Preliminary Subdivision Zoning District - RR-lB Area - 9 acres Application - subdivision - plat - 2 lots Council Action - Preliminary Approval List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Hennepin County Highway Exhibit E - Plat of Preliminary Plan Department Letter (7-13-82) The applicant proposes a 2 lot plat of his 9 acre homestead. Mr. Krogness plans to construct a new home on Lot 1 and sell the existing home on Lot 2. All existing structures, except for a playhouse on Lot 2, meet the required setbacks from the proposed division line. Both lots satisfy all standards of the RR-lB zoning aistrict and the Orono septic code. Each lot will have a separate access off County Road 146. A new curb cut via the platted 40' corridor has been approved by Hennepin County Highway Department. In addition, the Highway Department.is asking for the removal and/or trimming back of existing plantings that will make both accesses safer for use of owners and general public that travels Brown Road. The County has asked for an additional 7' of right of way for County Road 146 providing an 80' total right of way instead of the existing 661. Planning Commission voted to deny the request based on CMP's road classification of Brown Road as a collector. Areas of County Road 6, classified as a minor arterial have been recognized by Council as requiring an 80' width. In some «yeas of county Road 6 a 100' right of way has been approved (Watertown Road to Highway 12). Sections of County Road 19, classified as minor arterial, have been approved as requiring an 80' width. In 1979 Kelly Green was approved with a right of way width of 66' for Brown Road. As Planning Commission stated the CMP classifies Brown Road as a collector. Les Weicelt noted that the my has no plans for expanding the area of road under cor,jaeration. At this time staff recommends maintenance of existing 66, right of way already dedicated with no additional right, of way dedication required. 'the wetlands area located at the 9i6 contour involving both lots wi 1 l require a conservation and f lowaoe easement.. 4685 Krogness Page 2 Subdivision Planning Commission approved the following staff recommendation: To recommend preliminary plat approval of the 2 lot plat of Charles Krogness finding that the proposed subdivision meets all septic standards setforth in the Orono ON -Site Septic Code and the standards of the RR-lB zoning district and that each lot is of a size and configuration that will allow its use as a single family residence without the need of any setback variances, such approval is subject to the following conditions: 1 - Wetlands to be described on the plat as drainage easements and dedicated to the putlic - a conservation and "lowage easement shall be required over, under and across the wetlands. 2 - Proposed house and all accessory structures on Lot J must meet all setback standards of the RR-1B zoning district. 3 - Future Owner of Lot 1 must obtain an access permit from County Highway Department prior to construction. 4 - Park Dedication fee of $100.00 for newly created lot. To deny request of Hennepin County Highway Department for an additional 7' of right of way based on following findings: 1 - CMP classification designates Brown Road as a r-ollector. 2 - Existing 66' adequate width for maintenance of existing road. 3 - Hennepin County Highway Department: has no plans to expand Brown Road. 4 - No changes proposed by the City thit would intensify use of drown Road. CITY of ORONO IhNt t/ffwr Win MaCryntal 11ay, Mennemota 0Munteipal ufficre TrIeyhune 473.7357 T0: Charles Krogress 185 Brown Road South Long Lake, MN 55356 Copies to: Cordon Coffin Control No. 685 Meetine Date 8-9-82 Nutic Date 8-10-82 Variance Conditional Use Permit x Subdivision, Preliminary Subdivision, Final bit t***IIN* ** *.A.*yY-*:k* * * ***4 COUNCIL ACTION Vote: For Against Abstention MOTION to approve your 2 lot plat subject to the conditions setforth in the enclosed memo. DEADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRFE - contact Building Inspector before beginning work. _ VARIANCE APPROVAL is limited to the extent shorn on approved plans. Do not change plans Variance authority expires one year after approval. _ CONDITIONAL USE APPRI71VAL expires upon ci ange of ownership or use, or on deadline date specified above. _ PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. _ FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording retu:-ned to the Citv by deadline date. _ Certified copies of official City Council Minutes may be ohtzinedv contacting the Citv Clerk. Allow at least three weeks from meeting e. TO: Charles V. Krogness FROM: Jeanne A. Mabusth DATE: August 10, 1982 SUBJECT: #685 Preliminary Subdivision CONDITIONS OF' APPROVAL 1. Approval of 2 lot plat per revised date June 29, 1982, survey by Gordon Coffin. 2. Approval of variances to required 200' of width at building site and 200' of width required at public road. Road Width Variance Building Site Width required 200' required 200' proposed 40' proposed 145' variance 160, variance 55' 3. Future house on Lot 1 must meet all setback standards of the RR-1B zoning district. FINAL P?,AT SUBMITTALS All of the following must be provided to the City no later than August 9, 1983, of this preliminary approval is void. Allow two weeks minimum from time of submittal to final Council approval. 1. Record plat drawing in the form of. two (2) ;nylar copies anev one (1) copy reduce to 1" 200'. Drawing to include: �4 a) lot lines per preliminary survey revised dated June 29, 1982, by Gordon Coffir b) dedication of drainage and utility easements 10' wide along all. perimeter property lines and 5' each side of internal property lines c) designated wetlands to be described as drainage easements and designated as wetlands on plat. d)-select name for plat 2. Legal Documents Required: y a) title opinion addressed to the City. All owners, 14A1� 4'f mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed "Flowage and Conservation. Easement" (sample enclosed) over the drainage easement. The blank area that calls for a legal description is to be filled out as follows: "the drainage easements as (lr shown on the plat of _(plat __namg)______—". 3. Fees to be paid: Total Due $175.00 a) park dedication fees per current schedule, calculated as follows: 1 new lot @ 5.7 acres - $100.00 No fee for Lot 2 � � t b) legal review and filing fee $75.00 LEONARD E. I.INDOUIST NORMAN L NEWMALL LAURESS V ACKMAN O[RALD[ MAONVSON [OWARU M OLENNON MELVIN I. ORE N tTEIN ROS[RT J. SMERAN ISRAEL [ .RAWETJ P EUOEN[ M KEATINO.P JAMES P. MAX1T111CXLI P RICMARD J FITZO[AALJ PNILIP J.ORTMUN [OWAPO J. PARKER JOMN A. FORREST. P. WILLIAM ►. FOX, P. A JERROLD r. SEROrALK WILLIAM T. DOLAN DAVID M. LESEDOrr JOMN M STROTMMAN.P OAVIO O. N[WMALL KVRTIS A.OI.EENLEY.P.A, ROS[RT V AT 7RE MOWARD J. KAUFFMAN,P.A. JOMN S. WINSTON. P. A. LAURANCE k WALOOCM TMOMAS M.OARRETT = I DARYLE L. UPMOFF DAVID J DAVENPORT MAR. R. JOMNSON RICMARDA PRIMVTM,P.• L IN D Q U I S T & OVEN N UM A PARTNERSHIP INCLUDING PROFESSIONAL CORPORAT,ONS 4200 IDS CENTEP 90 SOUTH 9T" STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612371-3211 September 7, 1982 City of Orono Post Office Box 66 Crystal Bay, MN 55323 TELEX 29 ')r 4 CABLE ADDRE=, L.INLAW WAYZATA OFFICE 740 EAST LAME S?RCET WAYZATA. MINNEsOTA ss3D1 TITLE Or .ON Re: Charles V. Krogness Subdivision Dear Sir: JErr R[Y R. SCMMSOT.P A. TIM01MV M. sUTI[R ROS[RT O. MITC M[LL. JR.,►. A. J MICMA[L OAOV. P. A. J KEVIN COSTLEY. P. A. Rose NOT J. MANTUAN, P. A. JOSE PM 0. KOM LER. P. A. PAUL M. TI[TZ JACK A. ARNOLO RICMARD O. M•MEIL. P. A. MARK E. LARSON, JR. OONALO C. SWENSON ALAN r. PAOE JAMES P. M<CARTMY STEVEN J. JOMNSON L♦NV M.ANOERSON VID A. Oat NSTEIM MOMAS C. OLENNON T[R[SA S. SOMMER SUSAN O. LOITZ LETITIA J. ORISMAW JOMN R. MOUsTON DENNIS M. O'MALLET DANIEL J. SMERAN KEVIN M. ROCMt' Or COVNS[L TMOMAS V[NVUM Jj' � f ' Sg _ 9 +: C1 TY OF n � At your request, we have examined title to the following described real estate situated in Hennepin County, Minnesota: See Exhibit A attached her-"tL) with the aid of an Abstract of Ti, �-epared by Title Insurance Company of Minnesota ano lust certified to August 25, 1982 at 7:00 a.m. From our examination we conclude that the above premises wen owned as of the aforementioned date in fee simple by: Charles Velic Kr')gness (married to Jean M. Krogness) subject to the following: 1. Mortgage dated December 28, 1976 by Charles Velie Krogness and Jean M. Krogness, husband and wife, as mortgagors, in favor of Northwestern National Bank of Minneapolis (a United States of .'America corporation), as mortgagee, conveying the said laid to secure the original principal amount of $50,000.00, which Mortqaqe was filed January 3, 1977 as Document No. 4257548. 2. Existing roads. Maps at the courthouse show County i<oad No. 146 (Brown Road) over the East 33 feet. 3. Unlocated electric transmission easement granted to Northern States Power Company in Document No. 3253037 LINDOUIST & VENNUM TITLE OPINION City of Orono September 7, 1982 Page 2 dated August 8, 1960, filed September 20, 1960. This blanket easement may render title unmarketable; if the electric transmission line has been constructed, its location should be defined by a centerline description and a release of all the easement except for the center- line description should be granted to you by Northern States Power Company. 4. It cannot be determined from the way this Abstract has been prepared whether or not the subject premises lie entirely within the la:: described at Entry No. 1 and subsequent abstract entries, including Entry No. 44. Both Entry No. 1 and Entry No. 52 (to which the abstract is later certified) commence at the center of Section 3. From there Entry No. 1 first runs west and then north, while Entry No. 52 runs north and then west. Due to the fact sections are not square, it is not possible to determine from the different descriptions if the land at Entry No. 52 is entirely within the description of the land at Entry No. 1. I have returned the subject abstract to the abstractor to see if he can make such a certification. If he can, then this is not a problem. If he cannot, then we will have to determine what in fact the problem is. 5. A possible overlap of legal descriptions shown in the Mortgage at Book 1795 of Mortgages, page 187, Document No. 1662480, filed October 26, 1931 (Entry No. 58) and by the Quit Claim Deed at Book 1753 of Deeds, page 288, Document No. 2454134, filed August 5, 1947 (Entry No. 76). It appears that the description at Entry No. 58 overlaps the subject premises by as much as 15 feet and at Untry No. 76 overlaps the property by something less than 15 feet. If there is an overlap, and its existence can only be confirmed by a survey, then the correction of the overlap problem can be effectuated by either exchanging deeds with the landowners whose land overlaps, or by redescribing the subject premises to a smaller size so that there is no such overlap. 6. Title is also subject to the following standard title exceptions which should be reviewed carefully in regard to the real estate described in the foregoing opinion: a. Rights of Persons in Possession. It is not always necessary for persons in actual possession of real estate to file a record of their interest in the property to retain such interest. A prospective purchaser or mortgagee must inquire concerning the rights, if any, of all parties in possession other LINDQUIST & VENNUM TITLE OPINION City of Orono September 7, 1982 Page 3 than the record owner. In addition, the property should be in.3pected for any evidence of use or possession by strangers or adjoining owners, such as roads, driveways, drainage ditches and encroaching buildings or fences. b. Mechanics' Liens for Improvements. Persons furnishing labor or materials for the improvement of real property are allowed 90 days after the date the last item of work or material is furnished within which to file a lien statement. Accordingly, you should inquire as to whether there have been any recent improvements upon the property or the improvements thereto which remain unpaid. C. Questions of Survey. The size and shape of the property, the location of improvements thereon, and the presence of encroaching structures upon or from adjoining property, can be accurately ascertained only by a survey of the property. d. Security Interests in Fixtures or Crops. A security interest may be held by a third party in recently installed fi;;tures or in crops under Minnesotd Statute-, Chapter 336. e. Laws and Regulations. There are zoning, building, subdivision, environmental, and other laws and regula- tions affectiig the use, occupant' and transferability of real estate. An adequate investigation of the application of such laws and regulations should be made with respect t,3 the intended use of the property. f. Special Assessments. There may be levied or pending special assessments for recent public improvements. A check with th! municipality where the property is located should •eveal whether there are any such assessments. g. Defects in Tit1E Known to You. If you have knowledge of a mortgage, lain, or other defect in title or interest in the property, you will take title subject to such interest, even if no record of such interest has been filed. LINDQUIST & VENNUM TITLE OPINION City of Orono September 7, 1982 Page 4 h. Riparian nights. Property adjoining a stream or body of water ij subject to the rights of the State of Minnesota in all land lying below the natural high water mark of the stream or lake, if such body of water is classed as navigable. Respectfully submitted, LINDQUIST VENNUM /> i ��; ti u- C Ro ert G. Mitchell, Jr. RGM : me s CC: Charles V. Krogness EXHIBIT A All that part of the NW 1/4 of Section 3-117-23, described as follows: Beginning at a point in East line of NW 1/4 of said Section 3, which point is 1765.5 ft. North of Southeast corner of said NW 1/4 of said Section; thence Rest parallel with South line of said NW 1/4 of said Section a distance of 1123.85 ft., thence Southeasterly making an angle of 95 degrees 57 minutes to the le't from said last described course, a distance of 413.5 ft. more or less to Northerly line of that certain Railroad right of way conveyed to Electric Short Line Railway Company by deed dated April 25, 1913 and re^orded in Book 743 of Deeds, Page 26; thence Easterly along Northerly line of said Railroad right of way 1092.65 ft. i East line of said NW 1/4 of Section 3; thence North along aid East line 248.4 ft. to point of beginning. FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES THIS INDP.NTL'RE, made and entered into this 7 clay of 19 _ , by and betweeni,- eirs,.assiyns, successors hereinafter collectively re erred to as the Grantor (s) ) and the City of Orono, its suc- cessors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITUESSLT:I, grantor(s), for and in consideration of the sum of One Dollar %';1.00) ant: other valuable consideration, hereby covenant, grant, gilt, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and preclude the use, improvement and development, undlcr the conditions and covenants herein contained, the fol lowin,- .1(,,,, r ibed Land in the County of Hennepin and State of Minnesota: as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constricted, erected, or ;laced upon, above, or beneath the Land including without limitation, fences, fireplaces, ste;ps, docks, piers, hardcover or roads of any nature whatsoever, c.r any other structure or improvement inconsistent with the natural state of the Land. D. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the band except as authorized by written consent of Grantc,-�. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever Dr any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other 6 ubstance or material as landfill shall he placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall he mide of the Lard except uses, if any, which will not change or alter the natural condition of the Lana, and no use which w- uld tend to change the drainage, flood control, water conservation, erosion control, sail conservation, `ish and wildlife habitat characteristics shall be made of the Land or the, water si`uated thereon. F. Grantee may enter upon the Land for the purposes of pection and enforcement of the covenants contained herein and to .use to be removed from the Land without any liability any structures, .ses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue o° this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All provisions hereof shall run with th- land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. ' .4 �Jr� •ter � - - STATE OF MINNESO:A ) 1 ss. COUNTY OF HENNEPIN ) On this ;�-h day of 19,2, before me, a Notary Public w hin and for ai County and State, personally appeared /.y�'' known to me to -et the person(s) scr b din --nc- who executed the foregoing insti-wment, and acknowledged that they executed r id instrument as their own free act and de,0d. Notary Pdblic State Deed Tax Due Hereon: Exempt �n+V1MMnnnM • This instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, Ltd. 4344 IDS Center, Minneapolis, MN 55402 ( 612 ) 3 15 - 9 3 1 l .....,.��.�.» TO: Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: November 10, 1982 SUBJECT: #685 - Charlas V. Krogness - 185 Brown Road South Final Subdivision - Resolution The applicant has complied with all the conditions setforth at preliminary approval ana has submitted all the requested documents. Staff recommends approval of the plat, Krogs Acres, subject to the findings and conditions setforth in the enclosed staff resolution. PLANNING COMMISSION MLETING OF NUVF.MBER 15, 1982 Page 3 and to further advise any future own•!r that if the lot is to be built on, the tennis court must be removed. Approval is subject to the following conditions: 1. City to approve sewer and waLor service to Lot 1 2. 11ayment of Park Dedication fee for Lot 1 at $440. 3. Cit,; Engineer to determine width of riyht of .vas, needed to serve used portion of Casco Point Road located within the subject prop,2rt7. 4. Lot 1 is not to uecome riparian. M. 'n, Ayes (6) - Nays (0). PUBLIC HEARING #712 - Hartzell (Continued) Meml, Kelley moved, Goetten seconded, to approve the � FINAL SUBDIVISION* proposed resolution regarding the final subdivision 185 Brown Road South for Charles V. Krogness, 185 Brown Road South, as 4683 - Charles Krognesi submitted. Motion, Ay,-�s (6) - Nays (0). .'Member Kelley moved, k-,oetten seconded, to approve the proposed resolution regarding the final sub- division for Vincent Anderson, 1865 Concordia Street, as submitted. Motion, Ayes (6) - Nays (0). "oning Admini-,trator Mabusth reviewed with the Planninq Commission th,� request of David Slavik, 1913 Fagerness Point Road, for a variance to build a detached 21' X 22' garage. Mabusth stated that it would not be feasible to relocate the Jetached Iarag to the west because of the intersecting sewt-.r ,_ind water li:,:,s. If the garage were ,attached, it would block bedroom wlnduwr of ..he house. Mr. Slavik was not present. Me!nber Kelley moved, Goetto-.n seconded, to approve the 6' variance request of David Slavik, 1913 Fagerness Point Road, subject to the removal of the existing Barking area on Fagerr!2ss Paint Road and providing all a"cess and parking to a site off of Webb Street. The entire disturbed area abutting Faq!arness Point Road should '.>e seeded to cut down on the hard:,over. Motion, Ayes (5) - Nays (0). Member McDonald left 'ie meeting before this item. 'oninq Admir.istrator Mabusth revio-ded with the Planning Commission the request for a variance of Gary Beito, 1169 North Arm Drive, to .:onstruct a 22' X 22' detached garage. Mr. Beito wishes to maintain the same side setback liner of the existing house of 6.9' so as to minimize r.urther disturbance of the front yard and make use of the exist inq gravel drive. Mr. Beito was pruss.:it. FINAL SUBDIVISION* 1865 Corcordia Street #709 - Vincent Andersos V ►RIANCE 11.3 Fagerness Point Re % - David Slavik VARIANCE 11.69 North Arm Drive # 717 - Gary Beito (Continued ) tj lei' Y of vU"A l Y Pout Offiou E61 66sCrystal Bay, Minnesota !Z.721• %lunicipul Offices Telephone 473 7:i.57 " To- d . 44-0- ,�., 0 sic. L L /n,,- s- s 3 -sb NOTICE OF PLANNING COMMISSION ACTION Date of Meeting; /S— F.';L --- Votes: �— For Against - Planning Co,nmissicn recommends the following: rVo"' Approval: t,s subm`ted Control No. —4X Variance Conditional Use Permit Subdivision, Pre~} Date of Notice Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant �! Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS V(i ---__ JJ �e _ /oo------ Applicant's next scheduled meeting is confir;ned as: Planning Commission _ Counc i 1 Applicant's next scheduled meeting is dcpf�rr!erit upon receipt of additional information. Deadline for the meeting is or _ —_--- -- -- _ for the - meeting. In all cases, the application rr.!rst be continued with the submittal of requested information within or the City will-onsider application an formally withdrawn. If the applicant has trouble obtaining a.i,lit. Tonal infor-nat i ter„ please contact the honing Administrator. If you Akf;lre certified copies, of the official Planning Commission Minutes they -ito avai)aLle from th•a Building and Zoning Se_-rettry upon review ar►Li apptuval by the Pianniny Coaunisiic 1. TO: W. R. Bensoo , City Administrator FROM: Jeanne A. Mabusth DATL:: November 16, 1982 SUBJECT: #685 Charles V. Krogness, 185 Brown Road South Final Subdivision Resolution The Planning Commission voted to recommend approval of the final plat, Krog Acres sibject to the findings and conditions setforth in the enclosed resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - / t7- -.' -1/ - A RESOLUTION APPRGVING THL PLAT OF KROGS ACRES WHEREAS, the City of Orono is a municipal corporation organized and existing under th,2 laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and cyHEPLAS, the City Council has considered the application for a subdivision plat by Charles V. Krogness, the subdivider; and WHEREAS, the subdivision has been found tc neet all standards of the rat:-1B zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be located without the need of any setback v^riances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as "drainage casement.,". 3. Payment to the City ut a :'ark Dedication Fee in the amount of $100.00. 4. Payment to the City f,-,r the lcual review and filing of the plat and all accompanying_ documentation in the amount of $75.00. NOW, THEREFORE, Br 1T RE'S01 %'!:D that the City Council of the City of Orono herob; approves the plat. of Frogs Acres, liennep:n County, Minnesota; subj4,rt to the follnwinq renditions: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. / �,--? "/ 1.. The future owner of Lot 1, Block 1, Krogs Acres, must obtain an access permit from the Hennepin County Highway Department prior to applying for a building perm.t from the City. 2. The aforesaid plat shall be filed by the City of Orono with the Henn^pin County Rs :order's Office on or before May 22, 1983 together with a certified original copy of this Resolution and an-xecuted copy of the document noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held- 1„ :'�, 1982. 7 t: i 11 i �. ►^E3. Van Nest, Mayor ATTLST: Alh�--rta M. Strom, City C1c:.}: REGI'i.:'+K `1i:h:'. i:vC OF TNI: OKu: ) COUNIC 1L, NOVEMBER 22, 1982 PAC::-3- G.O. CMPROVELMENT BONDS CON ' T . rate of 8.7285. Motion, Ayes (5) - Nays (0). It was noted that the Affidavit of Publication was Dresented at this time. e0685 Charles V. Kro ness RESOLUTION #1434 FTNAL SUBDIVISION Councilmember Hurr moved, Councilmember Butler :;econdod to approve Resolution # 1434 Approving the flat of Krugs :acres. ?lotion, ayes 15) - Nays (0). *#109 Vincent R. Anderson RESOLUTION #1435 FINAL SUBDIVISION Councilmember Hurr moved, Council ember Sutler seconded to approve ROSOIUtion #1435 Approving the Plat of Faperness Woods. Motion, Ayes, (5) `Jays (0) . 4702 William Gregory RESOLUTION 1436 CONDITIONAL USE PER'.111 Counciitrenber Hurr moved, Councilmember Butler seconded to approve Resolution 41436 Approving A Conditional Use Permit for William Gregory For A Guest Clouse on a Property Located at 1410 `shoreline Drive. Motion, Ayes (5) - Nays (0). J706 Home Builders of :lay ata 3545 Ivy Place - Vari,•lnce WATER TOWER IPAYNENT Councilmember Hurr moved, CounLilnu-tuber Butler :.econded ro tablo .Home Builders of Wayzata Variance .!ntil the December 13, 1982 Council Meeting. 'lc,I-i:.n, eyes (5) - Nays (0) . :ivor % in Niist moved, Butler seconded to approve r le !' i rst 7)ay,..c'!!t painting ttre •.:1 "C!r tower h(�ldinp ?000. ::o'_ion , Ave,- 15) - Nays (0) . 82- l 4 2C:►t�.`�r;'r_' Cf?D;:R 1 Counc i 1:Por,!)er :iiut ler trived , Frahm seconded ru-ipprove (.han;,e Order ;J. 1. Clot ion ",yk.s (5) - 0') . MAYOR'S RFP,)K':' 'favor Van `+cyst repor"ed t!iere :,o-,ilk: he a •-eet ing D•-cr"+er 1), 19S.) it X:Lnrio tonka Beach of the Mayors A!; •,)c i:rt icon. it -We d '-j i11 the C,A1'!.Ci1 reSU1ts r^ • f ,• ii: �! k�'C 111P Of `—.emher LEONARD E. LINDOUIST NORMAN L.NEWNALL LAURESS V. ACKMAN GERALD E. MAGNUSON I:DWAND M.GLEN NON MELVIN I.ORENSTEIN aODERTJ, S. C RAN ISRAEL . KRAW[I' EUOENI KCAT'NO JAMES P. MARTI AU RICNAR0 J, rIT:GERALD ,..LIP J. ORTNVN EDWARD J. PARKER JONN A. rORREST NILLIAM C. JERROLD r. DERO MLK NILLIAM T. DOLAN DAVID M. LED000rr JONN w. STROT-MAP1 OAV10 G. NEW -ALL KURTIS A. GR[[NLE. ROD[RT V. ATMORC - OWA"O J. KAU, r MAN JOMN D. WINS TON LAURANCC R. WALOOCw T-OMAS -. GAARE" III DAPILL L. UPNOrT DAVID J. DAVCNPOR1 MARK R. J0"N SON RIC-ARO A P"IMUT- April 13, 1983 LIN D O U I S T & VEN N UM 4200 IDS CENTER • 80 SOUTH 8T. STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE '6121 371-3211 TELEX 29 00 �� 7 \J 1 CABLE ADDRESS: WATZATA f)rrIC 1 740 EAST LAKE SIR WATIATA, MINNL.+C TA p City of Orono Post Office Box 66 Crystal Bay, MW 55323 Re: Charles V. Krogness Subdivision Dear Sir: JEIrRe, R.Sc-MIDT T: MOT— N. DUTLER "OSERT G.MITCNELL.JR. J. MICMAEL OAOT J KEVIN C08TLEI RODE"T J. MAR MAN JOS[PN G KO -LE" PAUL -, T. 1 RIC-ARO O. MINEIL MARK E LARSON,JR. A6., NALD C. SWENSON .NC.P.GEM[S PCART-♦ EVCN J .JO-NSON NN .ANOCRSON VIO A. ORENSTEINOMAS E.GLCNNON "ESA 0 DONNE" SAN G LOITS TITIA JGRIS-AW OUSION•.OMALLE• NOEL 1. S-L'RAN �� KEvIN w. ROC-C pAVID A. ALLGC •E" N ROLI ENG- R.ARD T. OSTLUNO pr �DUN1[I. 1wOMAS VENN VM SUPPLLMENTAL TITLL OPINION At your request, we have examined title to the following described real estate situated in Hennepin County, Minnesota: See Exhibit A attached hereto. with the aid of an Abstract of Title prepared by Title Insurance Company of Minnesota and last certified to August 25, 1982 at 7:nC# a.m. From our examination we conclude that the LTbove r.-emises were owned as of the aforementioned date in fe- simple by: Charles Velie Krogness (married to Jean M. Krogness) subject to the following: 1. Mortgage dated December 26, 197t, by Charles Velie Krogness and Jean il. Krogness, husband and wife, as mortgagors, in favor of i4orthwestern national Lank of '�a nneapolis (a United States of tunerica corporation), as mortgagee, conveying the said land to secure the original principal amount of $50,000.00, which Mortgaye was filed January 3, 1977 as Document No. 4257548. 2. L:xistinq roads. Maps at the courthouse show County Road NG . lnb (Brown Road) over the fast 33 feet. 3. Unlocated electric transmission easement Llranted to Wortilern States Power Company in Document No. 3253037 dated Auctust 3, 1960, filed '-' EItemi.er 20, 1960. This L I N DQ U I S T & V E N N U M SUPPLEMENTAL TITLE OPINION City of Orono April 13, 1983 :'-.ge 2 blank:t 3asement may render title unmarketable; if the electric transmission line has been constructed, its location should be defined by a centerline description and a release of all the easement except for the center- line description should be granted to you by Northern States Power Company. 4. Upon factual investigation of the Mortgage at Book 1795 of Mortgages, page 187, Document No. 1662480, filed October 26, 1931 (Entry No. 58) and the Quit Claim Deed at Book 1753 of Deeds, page 288, Document No. 2454134, filed August 5, 1947 (Entry No. 76) relating to property adjoining the premises describea herein, it is our opinion that these documents do not in fact create an unmarketable title, however, we are obtaining quit claim deeds from adjoining property owners to confirm a marketable record title in Mr. Krogness. 5. Title is also subject to the followinq standard title exceptions which should be reviewed carefully in regard to the real estate described in the foregoing opinion: a. Rights of Persons in Possession. It is not always necessary for persons in actual possession of real estate to file a record of their interest in the property to retain such interest. A prospective purchaser or mortgagee must inquire concerning the rights, if any, of all parties in possession other than the record owner. In addition, the property should be inspected for any evidence of use or possession by strangers or adjoining owners, such as roads, driveways, drainage ditches and encroach- ing buildings or fences. b. Mechanics' Liens for Improvemenf_s. Persons furnishing labor or materials for the improvement of real property are allowed 90 days after the date the last item of work or material is furnished within which to file a lien statement. Accordingly, you should inquire .- (_ whether there have been any recent improvc—,ats upon the property or the improvements thereto which remain unpaid. C. Questions of Survey. The size and shape of the property. the location of improvements thereon, LINDQUIST & VENNUM SUPPLEML11TAL TITLE OPINION City of Orono April 13, 1983 Page 3 and the presence of encroaching structures upon or from adjoining property, can be accurately ascertain-1 only by a survey of the property. d. Security Interests in Fixtures or Crops. A secur4ty interest may be held by a third party in recently installed fixtures or in crops under Minnesota Statutes, Chapter 336. e. Laws and Regnlations. 'There are zoning, building, subdivision, environmental, and other laws and regulations affecting the use, occupancy and transferability of real estate. An adequate investigation of the applic-..,.un of Such laws and regulations should be made with respect to the intended use of the property. f. Special ,assessments. There may be levied or pending special assessments for recent public improvements. A check with the municipality where the property is located should reveal whether there are any such assessments. g. Defects in Title .mown to You. If you have knowledge of a mor':gage, lien, of other defect in title or interest in the property, you will take title subject to such interest, even if no record of such interest has been filed. h. Riparian Rights. Property adjoining a stream or body of water is subject to the rights of the State of Minnesota in all land lying below the natural high water mark of the stream or lake, if such body of water is classed as navigable. Respectfully submitted, :,IINDQUIST b& NUM 000, Robert G. Mitchell, Jr. RGM:mes CC: Charles V. Kroyness LINDQUIST 6 VENNUM 4200 IDS CENTER 80 SOUTH 8TH STREEI MINNEAPOLIS, MINNESOTA 55402 MEMORANDUM DATE April 19, 1983 TO City of Orono FROM Robert G. Mitchell, Jr. SUBJECT Charles V. Krogness Subdivision Enclosed is a copy of my title opinion of April 13, 1983, along with the legal description (Exhibit A) attached which was inadvertently omitted when sent to you on April 13, 1983. RGM:mes Enc. CC: Charles V. Krogness Nancy E. Husnik WArN E G POPH AM RATMOND A HAIK ROGER W SCHNOBRCM OCNVER KAUFMAN DAVID S DOTT ROBERT ♦ MINISH ROLrE A. WORDCN G MARC WMITCHCAD BRUCE D WILLIs ►REDERICK S RICHARDS C. RODERT JOMNSON GARY R MACOMBCR ROBERTS BURK HUGH V. PLUNACTT POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 4344 IDS CENTER MINNEAPOL15. MINNESOTA 55402 TELEo..ONE AND TC-C:OPIEP 612.333-4800 FREDERICK C BROWN THOMAS K BERa BRUCE0 MALVERSON DAMES R STCILEN .JAMES B LOCKHART ALLCN W MINOCRAr.ER CLIFFORD M GRCCNE D WILLIAM KAUFMAN OCBYL L PETE RSON MICHAEL ') r a E E MAN TMOMAS C D'AOUILA LARRT D ESPEL JANIE S MATCRON OAVID A JONES Ms. Jeanne Mabusth City of Orono Box 66 Crystal Bay, MN 55323 Re: Krogs Acres Dear JeannE: LEE E -EE-' LESLIE L.ILL.ETTE MICHAEL T NILAN ROBERT C MOILANEN DAV.O J E000IST -ATHERINE A POLASKY STEVEN G MEIKENS THOMAS J RAO,O KATMLCEN M MARTIN JOHN C CM -LDS THERESE AMBRL.SKO DOUGLAS P SEATON GART D BLACKrOPD SCOT- E RICHTER April 25, 1983 2660 PETRO-LEWIS 'OWER 717 SEVENTEENT- STREET DENVER. COLORADO 60202 -ELCPNONC AND-C..CCOV'CP 303.62e-a!660 SUITE 002-2000 L S'RCCT N W W^SHINOTON. O. C 20036 TE.EPI+ONE AND 7ELECOPICR 202-067•SIS4 Please be advised that the plat, Resolution No. 1434 approving the plat and Flowage and Conservation easement for Krogs Acres has been recorded in the office of the Hennepin County Recorder as of April 21, 1983. The document numbers are as follods: Document Resolution No. 1434 Plat Flowage and Conservation Easement Document No. 4787215 4787216 4iJ7217 Ms. Jei ' ie Mabusth April 25, 1983 Page 2 I will return the original, recorded documents to you once I receive them from the County. Very truly yours, i Nancy E. F�Vsnik Legal Assistant NEH/jf cc: Mr. Robert C. Mitchell, ,Jr. Lindquist 6 Vennum 740 East Lake Street Wayzata, MN 55391 2369j