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HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 *8. #03-2867 Daniel Adams, 1145 Tonkawa Road-Variances-Resolution No. 4950-Contillued existing house to be 62' from the OHWL of Lake Minnetonka where 75' is required, a screen porch to be 70' from the OHWL where 75' is required, an average lakeshore setback encroachment of 17', to allow 1,215 s.f. (10%) hardcover in the 0- 75' setback zone where O s.f. (0%) is allowed, to allow 9,092 s.f. (33%) hardcover in the 75-250' setback zone where 6,866.25 s.f. (25%) is allowed. Vote: Ayes 4, Nays O, Abstain 1 (Sansevere). *9. #03-2874 Richard Kail, 3753 Casco Avenue--Vacation-Resolution No. 4951 Murphy moved, and Nygard seconded, to adopt Resolution No.4951 denying a request for vacation of a platted alley between.Lots 6 and 7, Block 4, Casco Heights. Vote: Ayes 4, Nays O, Abstain 1 (Sansevere). *10. #03-2877 Shane & Kristine Rudd, 601 Park Lane--Variances-Resolution No. 4952 ' Murphy moved, and Nygard seconded, to adopt Resolution No. 4952 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(2); Section 10.03, Subdivision 14(C); and Section 10.03, Subdivision 15(A) to allow a 168 s.f. first story garage addition with a second story bedroom onto the street side of the existing home and to reconstruct a main entry landing on the south side, with side yard setbacks of 8.4' on the north and 6.5' on the south (for main entry landing) where 10' is required; an overhan g encroachment of not more than 1.75' into the north and south substandard side setbacks; a revised decorative wall, meeting the required height limits for a fence in the side yard (6' maximum); 3,396 s.f. (65.06%) hardcover within the 75- 250' lakeshore setback zone where 1,305 s.f. (25%) is permitted; 337 s.f. (9.03%) hardcover within the 0-75' lakeshore setback zone where none is permitted; and lot coverage by structure of 2,016 s.f. where 1,500 s.f. is permitted. Vote: Ayes 4, Nays 0, Abstain 1 (Sans~vere). *11. #03-2878 Edward Hamm, 485 Orono Orchard Road South-Variances- Resolution No. 4953 Murphy moved, and Nygard seconded, to adopt Resolution No. 4953 granting variance to Municipal Zoning Code Section 10.03, Subdivision 15(C) to permit a 7' monum ent and gate at the driveway entrance to be constructed within the 50' front yard street setback where a monument and gate of 3.5' is allowed. Vote: Ayes 4, Nays O, Abstain 1 (Sansevere). 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2003 7:00 o'clock p.m. PARK COMMISSION COMMENTS, Continued Gappa stated that the playground equipment at Bederwood had been tested and found to be within the acceptable range for arsenic levels. He believed much of the wood had been weathered enough to decrease the levels. Nygard inquired whether it might be prudent to have the equipment shellacked to ensure safety. Sansevere concurred, and encouraged staff to varnish the equipment as soon as the weather · would permit, as a precautionary measure. Gappa indicated that he would do so. PLANNING COMMISSION COMMENTS -J. Marc Fritzler, Representative As several Planning Commission items were pending,--Fritzlerjndicated that he had nothing further to report. He noted that the Planning Commission looked forward to a joint work session with the City Council in the near future. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT *4. #02-2864 JOSEPHINE CARPENTER, 480 RUSSELL A VENUE, VARIANCE - RESOLUTION NO. 4942 White moved, Murphy seconded, to adopt RESOLUTION NO. 4942, a Resolution granting a variance to permit construction of a 239 s.f. (11.9'X20.1 ') detached garage closer to the front property line than the principal residence located at 480 Russell Avenue. VOTE: Ayes 5, Nays 0. 5. #02-2874 RICHARD KAIL -3753 CASCO A VENUE -VACATION Bottenberg explained that the applicant was seeking approval to vacate 7' of that portion of the unimproved dedicated alley adjacent to his property. The alley was originally dedicated in the plat of Casco Heights in 1911. She noted that the alley is 14' in width and 317.8' in length. The applicant was proposing to vacate half of the alley (7'), while the other 7' wou,ld go to the neighbor to the east. Bottenberg reported that the applicant had another zoning application pending, in which he had proposed to build a new single family residence on the property. Since the proposed structure was above the allowed 15% lot coverage by structures, the Planning Commission Page 3 of9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2003 7:00 o'clock p.m. 5. #02-2874 RICHARD KAIL -3753 CASCO AVENUE -VACATION, Continued approved the lot area, but denied the lot coverage by structures variance. The application was then heard by the City Council on February 24, 2003, during which the Council discussed two options to increase the size of the property: vacating the adjacent alley or purchasing city owned land adjacent to the property. The applicant chose to pursue vacating the adjacent alley. The Planning Commission recommended by a 5 to 0 vote to deny the application for vacation, since the unimproved right-of-way may someday be used for stormwater drainage management, possible future utilities, and/or public access for the neighborhood to reach Lake Minnetonka. Bottenberg continued that, staff too, would recommend denial of the vacation application as proposed by Richard Kail. Sansevere asked the applicant ifhe could provide a more compelling argument that would overcome concerns expressed by staff in the packet. Kail stated that, currently, his structural coverage was 16.3%, ifhe were allowed to vacate the alley; his structural coverage would decrease to 15.07%. While both Planning Commission and City Council representatives wish to be good neighbors, Sansevere explained that there is a point in which they must follow the restrictions set forth in the codes and maintain staff recommendations. Sansevere indicated that his position would be small lots, small homes, big lots, big homes and he could not support the application. White agreed that, based on staffs opinion, he would have to support their position. Kail asked why the City felt the need to retain two alleys, and questioned the rationale for stormwater runoff when the water doesn't flow thru his alley in the first place. Sansevere maintained that City staff had legitimate concern and issues with regard to storm water drainage and utilities. He asked staff to explain why they felt the alley would be necessary. Gappa stated that no one knows what the future might hold with regard to stormwater, access, or utilities, and pointed out how difficult it often is to obtain easements later for stormwater etc. Kail indicated that he would grant easements back to the City, and was merely looking for enough land to cover his structural coverage requirement. Bottenberg stated that, even with the alley, the applicant would be 28 s.f. over with his plan. Page 4 of9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2003 7:00 o'clock p.m. 5. #02-2874RICHARDKAIL-3753 CASCO AVENUE-VACATION, Continued Nygard moved, Murphy seconded, to deny Application #02-2874, Richard Kail, 3753 Casco Avenue, an adjacent alley Vacation. VOTE: Ayes 5, Nays 0. Bottenberg pointed out that the vacation would come back as a resolution at the next City Council meeting. Kail stated that his next plan would come back with less driveway, two garages, and no deck. Gaffron indicated that the revised application may have to revert to the Planning Commission prior to City Council depending on the number of changes that are made. *6. #03-2875 SANDRA ANN BENSON, 1376 BALDUR PARK ROAD - VARIANCES -RESOLUTION NO. 4943 White moved, Murphy seconded, to adopt RESOLUTION NO. 4943, a Resolution granting variances to reconstruct and expand the roof of the existing principal structure located at 1376 Baldur Park Road. VOTE: Ayes 5, Nays 0. *7. #03-2879 GARY HEGENES, 2675 SHADYWOOD ROAD -VARIANCE - RESOLUTION NO. 4944 White moved, Murphy seconded, to adopt RESOLUTION NO. 4944, a Resolution granting a side yard adjacent street setback variance to allow a 20.1' setback where 35' is required to construct a 330 s.f. (15'X22') single stall attached garage addition to the existing attached garage located at 2675 Shadywood Road. VOTE: Ayes 5, Nays 0. 8. #01-2714 .. FRED PUZAK, 1340 BALD UR PARK ROAD, REVIE\V OF VARIANCE CONDITIONS. Mayor Peterson moved, :Murphy seconded, to table Application #01-2714, Fred Puzak, 1340 Baldur Park Road, Review of Variance Conditions, until the applicant is able to attend. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT White complimented the local newspaper for its informative and positive piece on the Navarre Town Meeting held March 13, 2003. He was impressed by the spirit of volunteerism, the pride, and energy displayed by residents at the meeting. Page 5 of9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#02-2864 JOSEPHINE CARPENTER, Continued) their current location on the lot prior to building permit application for the detached garage. To be conforming, the sheds require relocation on the lot to a conforming location and building permit approval. VOTE: Ayes 5, Nays 0. (#3) #03-2874, RICHARD KAIL, 3753 CASCO A VENUE, VACATION 7:36-7:45 P.M. Richard Kail, Applicant, was present. Bottenberg explained that the applicant was seeking approval to vacate 7' of that portion of the unimproved dedicated alley adjacent to his property. The alley was originally dedicated in the plat of Casco Heights in 1911. The alley is 14' wide and 317 .8' long. Bottenberg indicated that the applicant was proposing to vacate a 7' portion adjacent to his property, whereas, the remaining 7' would go to his neighbor at 3721 Casco Avenue. Bottenberg pointed out that application #03-2863, an application for lot area and lot coverage by structure, was heard by the City Council at its February 24, 2003 meeting. While the Planning Commission had approved the lot area variance, it had denied the lot coverage by structure variance. The applicant chose to pursue vacating the adJacent alley next to his property. Whereas there have never been any vacations of alley in the Casco Point area, there have been vacations only where the dedicated right of way was between the lake and the residence on the property. After speaking to neighbors regarding the vacation, Bottenberg indicated that they do not have any objections. Based on criteria for vacation, Bottenberg explained that, in the past vacations are appropriate when the vacation does not affect access to or use of any adjoining property, the City does not intend to develop, improve or use the dedicated right of way as road ex cept for utiiity purposes, and the unimproved dedicated right of way as it exists serves no public purpose. It is staffs opinion that these three conditions are not applicable to the segment of alley adjacent to the property. Bottenberg reported that the Public Works Director reviewed the proposed vacation and recommended the City not vacate this alley. He felt the alley was necessary for several reasons : stormwater drainage management, possible future utilities, and public access for the neighborhood to reach Lake Minnetonka. In addition, Bottenberg referred to the, attached, Planning Director 's comments that it would not be in the City's best interests to vacate this alley . She noted that the gas, electric, telephone , and cable t.v. utilities had been notified and expressed no concerns with the vacation. PAGE 8 of24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#03-2874, RICHARD KAIL, Continued) Bottenberg reported that staff recommends denial of the vacation application as proposed by the applicant in this case. In review of the February 10 2003, City Council Minutes, Chair Smith noted that Mayor Peterson stated that the City would not consider vacating the alley at this time due to stormwater issues, in particular. Bottenberg indicated that a Council member had suggested the applicant research vacating or purchasing the land owned by the City, thus, the basis of this application. Mr. Kail stated that he understood the concern regarding lake access off of Casco Point Road and identified a second alley off Casco A venue. He questioned the need for both sites. Gaffron stated that, as continuous alleys, either could provide potential pedestrian connection, however, the other location may be obstructed by wetland and therefore offers strong potential stormwater management solutions. He could not support vacation of the alley, not knowing what the future use may be for it, and reminded the Commission that both do provide access for the neighborhood to the lake. While Kail indicated that he could understand the stormwater dilemma, he argued that the water doesn't flow through his alley anyway. Rahn agreed that no one knows what the future use of this alley might be and he did not wish to cause further stormwater runoff problems. He was concerned that vacating would benefit merely one resident now, whereas, a multitude ofresidents might benefit from the use of this alley later. Chair Smith stated that, in her opinion, there was clear input provided by both staff and the Mayor with regard to this vacation. Kail stated that he was striving to bring his structural coverage down from 15.07% by obtaining the alley. Berg stated that she was in support of staffs recommendation. There were no public comments. Hawn moved, Chair Smith seconded, to recommend denial of Application #03-2874, Richard Kail, 3753 Casco Avenue, for vacation of the alley adjacent to his property. VOTE: Ayes 5, Nays 0. PAGE 9 of24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#4) #03-2875 SANDRA ANN BENSON, 1376 BALDUR PARK ROAD, VARIANCE 7:45-7:55 P.M. Sandra Benson, Applicant, Wes Sampson, the Architect, and Dan Larkin, the General Contractor, were present. Chaput reported that the applicant was requesting variances to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story. The required variances would include principal structure located 25.1' from the OHWL of Lake Minnetonka where 75' is required, a side yard setback of 6.6' with a 1' overhang encroachment where 10' is required, and a 48.7' encroachment into the average lakeshore setback Chaput explained that neither the footprint of the structure nor the hardcover was proposed to change with the roof expansion. She stated that the applicant proposes to remove a portion of the existing roof of the original structure and replace it with one continuous ridge, approximately 14" higher than the existing roof structure, or 1' 1 O" below the roofline attached to the west. The exact height may vary within inches from what is proposed once the structure is worked out. Chaput indicated that the structure was not proposed to be closer to the OHWL than what exists currently. With regard to the structural engineer's report, Chaput reported that the engineer reviewed the proposed roof reconstruction and found that the existing foundation and walls can support the proposed work. The extent of the proposed work includes replacement of some windows, doors and walls on the second story of the house. Chaput indicated that the first story of the structure and other portions of the home will not be modified as a result of this proposal. After reviewing the issues for consideration, Chaput stated that staff recommends approval of the requested variances to reconstruct and expand the roof of the existing principal structure with two conditions mentioned in the memo dated February 25, 2003. Benson commented that they hoped to obtain more living space from the remodel. Chair Smith stated that, in her opinion, the remodel will be more attractive and that she had no difficulty approving the application. Rahn questioned the need for further screening , since the elevation change was so minor to cause the need for more screening. Hawn asked if the applicant objected to planting more trees. Benson stated that she could plant additional trees. PAGE 10 of24 Application Date: 60 Day Deadline: 2/20/03 4/21/03 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title City Planner Item Description: #02-2874 Richard Kail 3753 Casco Avenue Vacation DATE: 4j10\t>3 ITEMNO.: °l AgendaSection: Zoning Zoning District: LR-IC One Family Lakeshore Residential District (.5 acre) Exhibits: A Resolution B Staff Report and Exhibits of 3/24/2003 Application Summary: The applicant is seeking approval to vacate a portion of the unimproved dedicated alley adjacent to his property. On March 24, 2003, the City Council voted 5 to O to deny the vacation application and directed staff to draft a resolution reflecting the Councir s action for adoption. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION DENYING A REQUEST FOR VACATION OF A PLATTED ALLEY BETWEEN LOTS 6 AND 7, BLOCK 4, CASCO HEIGHTS FILE NO. 03-2874 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Richard Kail (hereinafter the "applicant") on February 20, 2003 completed filing of a formal application with the City of Orono (hereinafter "City") for vacation of a platted alley dedicated within the plat of Casco Heights, such alley being legally described as follows: That part of the alley within Block 4, Casco Heights, Hennepin County, Minnesota, dedicated to the public in said plat which lies between Lots 6 and 7, Block 4, Casco Heights, lying between the northeasterly lines extended of said Lots and the southwesterly lines extended of said Lots; (hereinafter "the alley"); and WHEREAS, after due published and mailed notice, the Orono Planning Commission held a public hearing on March 17, 2003 regarding said alley vacation, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, after due standing and consideration, the Planning Commission recommended denial of the requested easement vacation, and the City Council of the City of Orono finds that said easement vacation, as proposed, is not in keeping with the public interest in consideration of the following findings: 1. The alley was dedicated in the plat of Casco Heights in 1911. The alley was dedicated for the public use, and while it may have seen minimal public use in the past, certain aspects of its location suggest potentially greater use in the future. 2. The alley provides a 14' wide continuous straight corridor between Casco A venue and Casco Point Road. Page 1 of 3 3. The alley provides a potential pedestrian connection from the Casco Avenue/ Caroline A venue / Ethel A venue neighborhood to the City beach at Carman Avenue. 4. While a portion of the alley south of the applicant's property may be wetland, the possibility for use of the alley in the future via a walkway through the wetlands, or for cross-country skiing and snowshoeing access to the Lake via the beach in the winter, should not be minimized. 5. The property adjacent to the alley directly behind the applicant's property is City- owned undeveloped land, used for stormwater drainage purposes. The City cannot predict the value of this alley as a corridor for future storm water needs, but the City should not eliminate any possibilities. Likewise, as City land, the area behind the applicant's property m~y have potential park uses that are currently not envisioned, and this alley provides potential access for such use. 6. While past utility use of the alley may be minimal, the City cannot predict the need for future utility use of the corridor, and because it connects two main residential streets, there are likely possible future uses for public utilities (such as sewer & water, gas, telephone, electric, cable TV, or other communications needs) that are as yet unknown; and WHEREAS, the City Council in recent years has gained a strong awareness of the value of public access to the lake. This corridor has potential to provide connectivity between an off- lake neighborhood and the lake. The Council is generally reluctant to vacate public rights-of-way that are in use, especially in Orono's defined Urban Area (the ½-acre and I-acre zones, including Casco Point). While this alley may have had minimal use in the past, it has significant potential for future public use. The Orono 2000-2020 Community Management Plan, Pages 4A-32 & 4A-33 regarding preservation of lake access, supports the maintaining of lake access corridors and is applicable to this request even though this alley does not directly abut the lake. NOW, THEREFORE BE IT RESOLVED, that the petition of Richard Kail for vacation of a portion of alley within the plat of Casco Heights is hereby denied. Page 2 of 3 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of April, 2003. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this_ day of ___ _, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this_ day of __ ----,-_, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 Application Date: 60 Day Deadline: 2/20/03 4/21/03 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title City Planner Item Description: #02-2874 Zoning District: LR-lC Exhibit: Richard Kail 3753 Casco Avenue Vacation DATE: ITEMNO.: 5 AgendaSection: Zoning One Family Lakeshore Residential District (.5 acre) A Staff Report and Exhibits of 2/19/2003 Application Summary: The applicant is seeking approval to vacate 7' of that portion of the unimproved dedicated alley adjacent to his property. The alley was originally dedicated in the plat of Casco Heights in 1911. The alley is 14' in width and 317 .8' in length. The applicant is proposing to vacate only the portion adjacent to his property. Not the entire distance between Casco A venue and Casco Point Road. Half of the alley (7') would go to the applicant and the other 7' would go to the neighbor to the east, 3721 Casco Avenue. Pertinent Code Sections: 1. Section 10.12 (process & standards for vacating streets and alleys) History of application: The applicant, Mr. Kail, has another zoning application pending, application #03-2863. This application was heard by the Planning Commission at its February 19, 2003 meeting. The applicant is proposing to construct a new single family residence on the property located at 3753 Casco A venue. Application #03-2863 is for two variances, lot area and lot coverage by structures. The proposed structure was above the allowed 15% lot coverage by structures for new construction. The Planning Commission approved the lot area variance, but denied the lot coverage by structures variance. The application was then heard by the City Council at its February 24, 2003 meeting. The City Council discussed two options to increase the size of the property in order for the proposed structure to meet the 15% lot coverage ordinance: vacating the adjacent alley or purchasing city owned land adjacent to the property. Vacating the adjacent alley is the direction the applicant wished to pursue. Application #02-2863 was tabled in order for the vacation application to be acted on. Neighborhood: There have not been any vacations of alleys in the Casco Point area. There have been vacations, but only where the dedicated right of way was between the lake and the residence on the property. Neighbor to East: Staff has talked with the neighbors to the east, 3721 Casco Avenue, regarding the vacation of the alley. They do not have any objections or issues regarding the vacation of the alley. Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The vacation doses not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utility purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is staffs opinion that these three conditions are not applicable to the segment of alley adjacent to the property. The Public Works Director has been asked to review the proposed vacation. He stated the City should not vacate this alley. The alley is necessary for the following reasons: stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. The Planning Director has been asked to review the proposed vacation. His comments are attached as Exhibit E of the Planning Commission staff report. The gas, electric, telephone and cable t.v. utilities have been notified of this request. They have all responded and none of them have any concerns or issues with the vacation. PLANNING COMMISSION: Planning Commission recommended by a 5 to O vote to: Deny the application as presented for the following reasons: The unimproved right-of-way may someday be used for stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. STAFF RECOMMENDATION: Staff recommends denial of the vacation application as proposed by Richard Kail for the property located at 3753 Casco Avenue. COUNCIL ACTION REQUESTED: Direct staff to draft a resolution reflecting the Council's action for adoption at the April 14, 2003 City Council meeting. TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: March 12, 2003 SUBJECT: #03-2874 Richard Kail 3753 Casco Avenue Vacation of Lake Street --Public Hearing Zoning District: LR-1 C Single Family Lakeshore Residential District, .5 Acre, sewered. Exhibits A Application B Site Plan/ Survey C Plat Map D Property Owner's List E Planning Director's Comments Pertinent Ordinance: Section 10.12 Application Summary: The applicant is seeking approval to vacate 7' of that portion of the unimproved dedicated alley adjacent to his property. The alley was originally dedicated in the plat of Casco Heights in 1911. The alley is 14' is width and 317 .8' in length. The applicant is proposing to vacate only the portion adjacent to his property. Not the entire distance between Casco Avenue and Casco Point Road. Half of the alley (7') would go to the applicant and the other 7' would go to the neighbor to the east, 3 721 Casco A venue. History of application: The applicant, Mr. Kail, has another zoning application pending, application #03-2863. This application was heard by the Planning Commission at its February 19, 2003 meeting. The applicant is proposing to construct a new single family residence on the property located at 3753 Casco Avenue. Application #03-2863 is for two variances, lot area and lot coverage by structures. The proposed structure was above the allowed 15% lot coverage by structures for new construction. The Planning Commission approved the lot area variance, but denied the lot coverage by structures variance. The application was then heard by the City Council at its February 24, 2003 meeting. The City Council discussed two options to increase the size of the property in order for the proposed structure to meet the 15% lot coverage ordinance: vacating the adjacent alley or purchasing city ovmed land adjacent to the property. Vacating the adjacent alley is the direction the applicant wished to pursue. Application #02-2863 was tabled in order for the vacation application to be acted on. #02-2874 Richard Kail 3753 Casco Avenue Vacation 3//2/03 Page I o/2 3 Neighborhood: There have_not been any vacations of alleys in the Casco Point area. There have been vacations, but only where the dedicated right of way was between the lake and the residence on the property (i.e. Lake Shore A venue). (Exhibit C). Neighbor to·East: Staff has talked with the neighbors to the east, 3 721 Casco A venue, regarding the vacation of the alley. They do not have any objections or issues regarding the vacation of the alley. Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The. vacation doses not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utility purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is staff's opinion that these three conditions are not applicable to the segment of alley adjacent to the property. The Public Works Director has been asked to review the proposed vacation. He stated the City should not vacate this alley. The alley is necessary for the following reasons: stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. The Planning Director has been asked to review the proposed vacation. His comments are attached as Exhibit E. The gas, electric, telephone and cable t.v. utilities have been notified of this request. They have all responded and none of them have any concerns or issues with the vacation. Staff Recommendation Staff recommends denial of the vacation application as proposed by Richard Kail for the property located at 3753 Casco Avenue. #03-2874 Richard Kail 3753 Casco Avenue Vacation 3112/03 Page 2 o/2 -. CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address· 3 753 wco /4/e._ . Type of Application to be Filed _ _...LAu.t.:...::rt-~yr-=~=-.::i:...:..1i.!::""~----------- Property Identification Number (P.I.D.) _________________ _ Phone (home) 9S-eJ-l/7 l-~f3·, Phone (woL 'f'.S-.?-c:?SO--<t"M3 ::f:?r✓-1:J P;r-,.dt'1 Zip -.rs ~cff../ O\y:NER (if different than applicant) Phone (home) _______ _ Name. ________________ Phone (work). _______ _ Address _____________ City ________ Zip ____ _ Date Property Acquired -l-'ra'-.::-~:........:;..c..:..../___,;Jr.,<.-:tP'--6_2:;;__ __________ (month/year) I (do) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP application ___ $250.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $250.00 Guest House/Guest Apartments __ $250.00 Duplex Credit/Bldg ___ $325.00 Commercial/Indu~trial Use $250.00 Land Alteration ---Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ---$150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $275.00 Commercial Site Plan Review (+ consultant fees) X $300.00 Vacation $250.00 Easement Vacation ---S100.00 Easement Vacation \Vith Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ S375.00 Comprehensive Plan Amendment __ $100.00 Appeals Other -see Fee Schedule ---I I ~ '~-~--= ,,,.., .. ,_:-, __ ··.! ,... . ·• p ff -•• '-r~~·-; :_.. ~th . _-,;.;/ ' . --· ., Hi .<-.::..~_.:, f: ) t1 ~ ~~~ 5 r~.1 f. . ! ;~ :--, . ,., ~-· I ; !J c~-: . .-_:·-: r:, ,...,,;,·•:::, j( I REQUIRED SUBMITT ALS 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. __ Describe request in detail. __ Certified Property Owners List of owners within 350', labels and plat map (you . must obtain this list, labels and map from Hennepin County Department of Finance, -:-A-603, Government Cen_ter, 348-3271). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required: survey. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). : __ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. · · YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) · The Applicant and Property Owner must sign this application.,. Please remember that your application is not complete if the above information has not been included.· Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date __________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the bes of his/her owledge. O\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owne~s signature ~d Date ;}-f3-:Jbo3 Applicant must have all submittals into the City offices 25 days before the Plaruifrig Commission Meeting. Pla:1Ili.ng Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. .., ,.-..._. , .--. "· ! /,() . ., r.1 • : ... ____ !··· 6 SURVEY f -•- RICHARD KAIL SCHOELL & MADSON, INC. ENCIHEERS • SUR'iE'ltl!S • PUNNERS SOL TESllNO ' ENWIONMOON. SER"1C(S 1= WA Y1.A TA BOUILVAIID, SUITE 1 MINHETtlNIU, MN MJ05 052-11-44-7001 FAX.: 952-548-0005 www.tcha.llmod.on.com HARD COVER C _t __ _ AS C 0 BITUMINOUS ROAD AV ------r EN U E TOTAL AREA .. 17351 sq.ft. 0.40 Acres PROPOSED HOUSE = 2631 sq.ft. PROPOSED DRIVEWAY = 1993 sq.ft. TOTAL HARD COVER = 24.6:". HARD COVER FOR LOT TO PROPOSED HOUSE LOT = 17351 sq.ft. 0.40 Acres PROPOSED HOUSE = 2631 sq.ft. TOTAL COVERAGE = 15.17. 0 E3 ~ -(fr JO E3 TREE LEGEND 60 : ,·'\,·:· ..... L.~ .. .: ! ;,:~ Number following abbreviation denotes estimated diameter in inches, three feet above ground level. The second number (If any) denotes the number of trunks at that locotlon {1 denotes a dead tree). Number following shrubs denotes It's diameter In feet. 0 Denotes deciduous tree. 40 --66 Q) ll) C\j • • 0) Q) (0 ,,... co ~ ~ ,-.,. " ,;:: e C'I oi "' COMM RISER I _,,., " 6 _;iuo __ _ ll) 0 Cl) I LOT 8 ~ I ·~l --~ "-'I. lf) 1:::! <0- ,;ml w .,-,-• _...,.. h .. •~•~»H 957 4 x / EDGE BIT . 10 ~ "' / ptl~j lc1>~~ "~~ L.CYr -~ -~ M Denotes Maple Example: OM 20 ! :::1 "'" I l;j}_ (9J7.4l•i 5o 5o 86.0t) ""· 86 .. 15 M) LOT 7 --- 1 1 , "":1is drawing has b-'e~ checked and re;£iewed this /'f-1' day of ' --~;LO K-~~t!P.ro--.. ) N 84°36'24" W 40 l 639( -J1 627 /39 (122-995 ADDRESS 3753 Casco Avenue Orono, MN 55391 BENCHMARK Top of Iron monument as shown Elevotlon = 957.21 (NGVD-1929) GENERAL NOTES 1. Orientation of the bearings used for this survey Is based on on assumed datum 2. • -Denotes iron monument. 3. x890.0 -Denotes existing spot elevation. 4. x(890.0) -Denotes proposed spot elevation. 5 . .,,,.,---Denotes direction of surface drainage. 6. Proposed garage floor = 954. 7 7. Proposed top of foundation .. 955.0 8. Proposed basement floor .. 944.0 9. House Is a Walkout 10. Date of lost field survey. 12/17 /02 11. x(890.0)CP -Denotes crltlcol point elevation. 12. 179.0 (P) Denotes Cosco Heights plot 12. 178.57 (M) Denotes Fteld measurement SPECIAL NOTE Only easements shown on the recorded plot of CASCO HEIGHTS are shown on this survey mop, unless otherwise noted. The survey upon which this mop Is based was performed without benefit of either on attorney's title opinion or a tftle commitment. DESCRIPTION Lots 7 & 8, Block 4, Cosco Heights, Hennepin County, Minnesota. Date: h:,l, (1, Z CC .3 I License No. 18883 t.5.") 152 ,!1=y, ✓~-; ':.~.-~-::_~ . -... -.. ~·..:..···...,.· --,---------:c:,_,..,;..:...·· ---------------------, 2o-u7-23- ... ·:, ~,/ \C) U Parcel Information ·/. -\\C4f· Parcel ID 2011723310009~_.''':;:~}i;·i:j1{~: House Number 3?S~ .. //Jr·:.IiiJir.4~fi\ Street Name CASCO A.VE .... ,.:~·:{~·_::\:.!·J~. ,. • . • • • ~ ~:. :.-.::.r• •· ":.'"1.• • This is not a legally recorded map. It represents a compifatj~m.ot. inform~tj<r.'_--..3:.:. and data from City, County, and State road authorities and other sources:_.;,--?,, . ; ... · .•••;,-,.- A (41) R 171 J (73) (§) GOVT 5 @) GOVT LOT 5 @) GOVT LOT 5 -- ------------ B (6) @g) I I I t::::!J ~ (5) ' ' (Q) ' '©s I 11:J ~ ~.? ,...; -~, ,<t:. ' 20-117-23 24 0005 J. H. Kadlec & P. L. Bernhardt 2726 Caroline Ave. ·.rzata, MN 55391 20-117-23 24 0010 Lance L. and Rhoda L. Vicknair 2 7 40 Ethel Ave. \Vayzata, MN 55391 20-117-23 24 0015 Robert & Linnea Boyd 2 725 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0018 Donna L. Lile 2 7 65 Ethel Ave. ·wayzata, MN 55391 20-117-23 24 0040 John W. & Joyce Hamblet 2720 Ethel Ave. \Vayzata, MN 55391 . . 17-23 31 0003 Jill R. Fuglesten 'William H. Koch II 3 730 Casco Ave. Wayzata, MN 55391 20-117-23 31 0009 Richard L. Kail 3866 Sunset Dr. Spring Park, 1-:IN 55384 :0-117-23 31 0020 ?enny J. Saiki 2874 Casco Point Rd. \Vayzata, ~ 55391 20-117-23 31 0040 .' ames \V. & Patricia Dongoske · 700 Casco Ave. Wayzata, MN 55391 17-23 31 0057 . -.~ Jcmary Iversen 2335 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0007 T. Rejzer & L.Rejzer 2715 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0013 Julia S. Jensen 2700 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0016 Benjamin R. & Lisa A Jensen 2745 Ethel.Ave. Wayzata, MN 55391 20-117-23 24 0019 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN-55391 20-117-23 24 0041 Charles & Susan Percival 2732 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0004 John F. Klick 3703 Casco Ave. Wayzata, MN 55391 20-117-23 31 0010. Bruce D. Madden 3759 Casco Ave. \Vayzata, MN 55391 20-117-23 31 0023 Penny J. Saike 2874 Casco Point Rd. \Vayzata, MN 55391 20-117-23 31 0054 Lawrence D. & Katherine Elsen 2879 Casco Point Rd. \Vayzata, MN 55391 20-117-23 31 0058 D R \Velty & M M Jin 3 721 Casco Ave. Wayzata, MN 55391 D 20-117-23 24 0008 Donald J. and Dawn R. Hebig 2735 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0014 Lawrence D. Pillar 6827 Cardinal Cove Cr. Mound, MN 55364 20-117-23 24 0017 Michael D. Rutherford 2755 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0020 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0002 Roy Schrader 3704 Casco Ave. , , Wayzata, MN 55391 20-117-23 31 0005 Robert Presler 3709 Casco Ave .. Wayzata, MN 55391 20-117-23 31 0011 Dean V. Greimann 3 779 Casco Ave. Wayzata, MN 55391 20-117-23 31 0039 Roy Schrader 3704 Casco Ave. \Vayzata, MN 55391 20-117-23 31 0056 R.E. Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0062 Scott & Janet Rosstedt 2740 Caroline Ave. Wayzata, MN 55391 ._, 20-117-23 31 0066 20-117-23 31 0067 20-117-23 31 0071 Dean V. Greimann Charles & Lucy Nelson Marti Lynn 3 779 Casco Ave. 2868 Casco Point Rd. 3750 Casco Ave. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0006 20-117-23 32 0007 20-117-23 32 0008 Mark E. & Patricia A. Thompson Bryce E. Peterson and David J. Yorks 2824 Casco Point Rd. Mary Pat Peterson 2825 Casco Point Rd. Wayzata, MN 55391 2829 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0009 20-117-23 32 0017 20-117-23 32 0021 Ronald & Margaret Demshar Tammy L. Woodis Rosemary C. Iversen 2821 Casco Point Rd. 2818 Casco Point Rd. 2835 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 To: From: Date: Subject: Wendy Bottenberg, City Planner Chair Smith and Planning Commis~:~~ Mike Gaffron, Planning Director II/ VJ-.......J March 11, 2003 Proposed Vacation of Alley Adjacent to 3753 Casco Avenue Mr. Kail has requested that the 14' alley located between his property and the adjacent property at 3721 Casco Avenue be vacated. The apparent purpose of the vacation is to gain land as credit toward the 15% lot coverage allowance, to allow construction of a larger residence. This alley was dedicated in the plat of Casco Heights in 1911. The alley was dedicated for the public use, and while it may have seen minimal public use in the past, certain aspects of its location suggest potentially greate~ use in the future: 1. The alley provides a 14' wide continuous straight corridor between Casco A venue and Casco Point Road. 2. It provides a potential pedestrian connection from the Casco Avenue/ Caroline Avenue/ Ethel A venue neighborhood to the City beach at Carman A venye. 3. While a portion of the alley south of the Kail site may be wetland, the possibility for use of the alley in the future via a walkway through the wetlands, or for cross-country skiing and snowshoeing access to the Lake via the beach in the winter, should not be minimized. 4. The property adjacent to the alley directly behind the Kail site is City-owned undeveloped land, used for storm water drainage purposes. We cannot predict the value of this alley as a corridor for future storm water needs, but we shouldn't eliminate any possibilities. Likewise, as City land, the area behind Kail may have potential park uses that are currently not on the radar screen, and this alley provides potential access for such use. 5. Past utility use of the alley may be minimal. However, we cannot predict the need for future utility use of the corridor, and because it connects two main residential streets, there are likely possible future uses for public utilities (such as sewer & water, gas, telephone, electric, cable TV, or other communications needs) that we cannot now envision. The City Council in recent years has expressed a strong awareness of the value of public access to the lake. This corridor has potential to provide connectivity between an off-lake neighborhood and the lake. In recent years the Council has expressed a general reluctance to vacate public rights-of- way that are in use, especially in Orono's defined Urban Area (the ½-acre and 1-acre zones, including Casco Point). While this alley may have had minimal use in the past, it has significant potential for future public use. I would refer you to the attached excerpts from Orono's 2000-2020 Community Management Plan, Pages 4A-32 & 4A-33 regarding preservation oflake access, which has applicability even though this alley does not directly abut the lake. Vacation of this alley would in my opinion not be in the best interests of the City. Cl\1P Part 4A. Transportation Plan - LAKE ACCESS PRESERVATION AND MANAGEMENT With more than 40 miles of Lake Minnetonka shoreline ~4 nearly 5 miles of additional lake shorelines, Orono's lakes provide a significant recreational resource for all Orono residents, not just for those who own property abutting the lakes. This value was long ago realized by the City fathers, as well as by early land developers. In order to provide lake access for the general public, as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shoreland developed. These typically are platted, dedicated right-of- ways leading from the local road system to the shoreline, and are commonly from 16' to 66' in width. The historic level of use of these right-of-ways (sometimes referred to as "fire lanes" or "lake access roads") ranges from minimal to year-round. Certain of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain accesses are provided with docks for fishing, and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography and experience a relatively low level of usage. The value of these corridoi:_s to the general public both now and in the future is too great to be measured. While an access corridor or fire lane may appear to an adjacent landowner as abandoned, there may well be a future public need for that corridor that may not be obvious today. The Minnesota Supreme Court in 1944 (Application of Baldwin, et al No. 33 721 for vacation of a platted dedicated lake access road) upheld the value of retaining the public's right to access the lake. In an excerpt from the findings of the Court: "11zis court requires no proof tlzat Lake t.finnetonka Lf a priceless heritage of the people of Minnesota, to be preserved and passed 011 to posterity. Judicial notice will be taken of t!te fact t!tat it is one of the most precious jewels in the string of Ten Thousand Lakes of which Minnesota is so justly proud ... Because of its wide expanse and proximity to our metropolitan areas, it is much frequented and used for boating, fzslzing, picnicking and bathing -perhaps more titan any otlzer lake in the state. Its shore line of nearly 100 miles is dotted with permanent homes and summer cottages, not only at its waters edge, but extending far back from the shore. But the use of the lake is not confined to dwellers on its shore or nearby. During the summer season especially, it is the mecca for thousands upon thousands of urbanites, not so fortunate as to possess a lake home, who -young and old alike -seek its shores and waters for diverse recreational purposes. To those wlto do not indulge in active recreation, it affords the opportunity of communing with nature at its besl With the increase in the permanent City of Orono Community Management Plan September 2000 Page 4A-32 CMP Part 4A. Transport ... _.on Plan lake population, however, the extent of lakes/tore available to tlte public generally and the means of public access to the lake have diminished and therefore become increasingly valuable from year to year ... we must not forget that tlte public includes persons other than those in tlte immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier pnd happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. This we would do if we permitted streets leading to the lakeshore to be vacated. .. "Tlte loss to the public of 150 feet of shoreline out of a total of approximately 100 miles may to tlte Baldwins seem inconsequential or even infinitesimal and nothing to be disturbed about. But, of this 100 miles of precious shoreline, only a small fraction has been reserved for the public,· and if the courts should create a precedent by permitting a single inroad, however small, upon the public's share of the shoreline, other inroads will inevitably follow, until the aggregate becomes a real threat to the public's free access to the lake. To avoid any possibility of such a result, tlte courts should with equal vigor repulse the first, the second, and every other assault upon the public domain." Less than I% of Orono's lake shoreline has been dedicated as public access corridors. Nearly all the rest is privately owned, and not available to the public for lake access purposes, save for the DNR Maxwell Bay Access, Hennepin County's North Arm Access and the City's Summit Park on Long Lake. Hennepin County's Noerenberg Gardens Memorial Park, while abutting Lake Minnetonka, has deed restrictions that disallow use for docking or launching boats. With shordaud abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. Lake Access Policies It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance. To this end, the City will follow these policies: I. Requests for vacation of dedicated lake access right-of-ways will be denied in all cases except where equal or better lake access will be granted nearby in return. 2. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. 3. The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landovvner are upheld. Orono's lake accesses are enumerated in Table 4A-6. City of Orono Community Management Plan September 2000 Page 4A-33 CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 952-249-4600 ZONING FILE# 03-2874 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 3/25/2003 ----------------------------------------------------------------------------------------------- TO: Richard Kail 3866 Sunset Drive Spring Park, MN 55384 TYPE OF APPLICATION: Vacation COPIES: --------------------------------------------------------------------------------------------------- DATE OF MEETING: 3/24/2003 VOTE: 5 FOR O AGAINST --------------------------------------------------------------------------------------------------- COUNCIL ACTION -MOTION: To deny the proposed vacation. The denial resolution will be presented at the April 14, 2003 City Council meeting. If you desire certified copies of the official Council Minutes, they are available from the City Clerk after review and approval by the City Council. fl Xcel Energy'· 2 April 2003 Wendy Bottenberg, City Planner City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323-0066 Re: Vacation File No . 02-287 4 Vacation of platted right of way-Casco Heights Dear Ms. Bottenberg: AP ( A '. al r UHONo Minne apolis, Minne sota 55401-1993 This communication is in response to the above-referenced vacation relative to property in Orono. It is my understanding that the City Council has already voted on this matter and that the vacation request was denied. Albeit late, I am submitted our response for your records in case this matter is revisited in the future. Please be advised that Northern States Power Company, d/b/a Xcel Energy, does have affected electrical distribution facilities and will retain its rights over the proposed vacation area as follows: The Northeasterly 10 feet of the proposed vacated area. If, in the future, the City Council approves this request and a resolution is passed, please forward a copy of the City's final resolution to me in the enclosed envelope. If you have any questions, please feel free to contact me. Thank you for your cooperation. Sincerely, ~(!!JJ-- Karen C. Weaver Siting and Land Rights 612-330-6241 CITY of ORONO Reliant Energy Attn: Steve Von Bargen Real Estate Specialist 700 West Linden A venue Minneapolis , MN 55440-1165 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Appiication #02 -2874 -Proposed vacation of right-of-way Dear Mr. Von Bargen, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, LlJ--z ),WJ --i~-tL,-:-1~1r Wendy Bottenberg City Planner encl. CenterPoint Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice. ~~ Steven Von Bargen Right-of-Way Administrator CenterPoint Energy Minnegasco ~~~, ,.°!'~•. ~ ... 20-117-23- .. ~ ~ 1.~ '... ........~.,...,.....,,......-----==~---------;__-----------, . -·. :'?, ~: ·. . :,,· ~.,.-· -,:. ·-~-:.. -;.: . \CJ U Parcel Information Parcel ID 2011723310009. ,,.::))·-~;;{:;.~\, -.. ~:;_,-;~_;.:/..'.~r;J;\;i.· House Number 37~3 , . ·-:, •. :? :,;.f::·.c~:':Y:;; . . . . -·-: 1;· ",;' -.:· ;--:. ~~ . .;.-:~--~ ~-:~ .. __ ; Street Name CASCO ~VE __ ._ .::-.-:{~-.:_~j--J~~ , • . • • -. .. , ... !" ,, ......... ""l' . ~ This is not a legally recorded map. It represents a compifati9(1.ol. infonn<Jtio/)_~', and data from City, County, and State road authorities and other so_u~es. -~>~,~ A (41) R 171 J (73) CITY of ORONO Triax Cable Co. Attn: Robert Craig, Plant Manager 23 81 Wilshire Boulevard Mound, MN 55364 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #03-2874-Proposed vacation of right-of-way Dear Robert, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, ~/JL,l0J-t ~;(£,,-_kAr- Wendy Bottenberg City Planner encl. \ Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Xcel Energy Attn: Land and R.O.W. Services 414 Nicollet Mall Minneapolis, MN 55401-1993 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #02-2874 -Proposed vacation ofright-of-way Dear Sir: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, I f I ,, 1 : v Ll,l,<..C,(l.,1j \Vendy Bottenberg City Planner encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Qwest Communications. Attn: Vicki Determan 500 N. Carlton Street Maplewood, MN 55119 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #02-2874 -Proposed vacation ofright-of-way Dear Ms. Determan, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, lt~L✓Ll9½j ~[CLAGllV~ Wendy Bottenberg City Planner encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Xcel Energy Attn: Lisa Rainbolt 5505 County Road 19 Shorewood, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #02-2874 -Proposed vacation ofright-of-way Dear Ms. Rainbolt, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 1 7 Planning Commission agenda. Sincerely, LU-uwllt ~~ Wendy Bottenberg City Planner encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Reliant Energy Attn: Steve Von Bargen Real Estate Specialist 700 West Linden A venue Minneapolis, MN 55440-1165 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #02-2874 -Proposed vacation ofright-of-way Dear Mr. Von Bargen, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeyeloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, 0U--u--<CLLJ -l~L~~ Wendy Bottenberg City Planner encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO GTE Telephone Operations Attn: Gail 23 78 Wilshire Boulevard Mound, MN 55364 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Application #02-2874 -Proposed vacation ofright-of-way Dear Gail, Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has been requested by a resident to vacate a portion of right-of-way dedicated in the plat of Casco Heights. The request involves a road that is undeveloped and has not been opened. Enclosed is a copy of the plat map and survey identifying the proposed vacation. Please advice whether you have any objection to vacation of this right-of-way. Thank you for your input. This item will be on the March 17 Planning Commission agenda. Sincerely, ,1 cL~c(£1vlJ ~J~ Wendy Bottenberg City Planner encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us -------------~ -- ~rHJ:Wih~PihCounty Tclxp8yer s8NiC~S\D~P~i\WilWf~Ei'. . _1 ;'.,.;:fr~:~:~\~~~~;_;:·;?/•.,_:~i.'--.-•-·~.:-., .. ;·:<•;:-.-_ .. -.-:; '-".-.. ~~-~ --,_· -. . · . · .. : .•. -. ·: ... ~ ~--~i-.=!.:~ . .-~};·{!_.~~r:~~:-~\~-.--.':J}'i.~_~\~;~/~~!t-:it~J.?~~-~- 152 41t::=:,~ "-.-~ .• -· ··._:!',· ~ _4_· -~~:. ~ f~;· ·;; 20-u,-23- ·... ~...:.....,.~-,,....,..--.,...,.,.,...::------------------------, :\C} V Parcel Information .. -. " ·:, '~,/ Parcel ID 2011723310009·: _,,(.\,~;~;;}~;~\~, House Number 3~~~-: -,'.:::;}:~:~~~{~i{t~&~[\ Street Name CASCO ~VE __ ._ ,\-:-:~:>/iJ~. ,._ .... ~---.. ~~--:..,-.-~• .... : ... This is not a legally recorded map. It represents a compifati9n_of. inform~tio/)_";;:;·. and data from Cay, County, and State road authorities and other soi.!,rc_es. ,;: ;,, :?,; A (41) R. 171 J (73) SURVEY FOR: RICHARD KAIL -•-I SCHOELL & MADSON, INC. ENGINm!S • SUR'IElllRS • PI.ANNERS SOIL lESllNO • ENVIRONMENTAL SERVICES IOllllO WAYl.ATA B0Ul.£VARD, SUITE 1 MINNETONKA, MN MJO, e,2-11441-7801 r1,1; e,2-m-aoe, www.teho.Rmod.on.com HARD COVER C ------------------r At S C O BITUMINOUS ROAD A V E N U E TOTAL AREA = 17351 sq.ft. 0.40 Acres PROPOSED HOUSE = 2631 sq.ft. PROPOSED DRIVEWAY = 1993 sq.ft. TOTAL HARD COVER = 24.6% HARD COVER FOR LOT TO PROPOSED HOUSE LOT = 17351 sq.ft. 0.40 Acres PROPOSED HOUSE = 2631 sq.ft. TOTAL COVERAGE = 15.1% 0 1::::3 ~ ~ 30 EEi TREE LEGEND 60 I L.{:::-;· s~ Number following abbreviation denotes estimated diameter in inches, three feet above ground level. The second number Uf any) denotes the number of trunks at that location (1 denotes a dead tree). Number following shrubs denotes It's diameter in feet. 0 Denotes deciduous tree. 40 COMM RISER ,,---EDGE BIT 956.2 IC 957.4 )( / --~a. (0 ......... N Ii? • 0) (0 co, .... <O .-~ ... ;:: == I a N !."> " r ..1-uo_ -- I() 0 U) I LOT 8 :.'.4 .-.1. _..,.. ~;._;.;i •. ;,til ~, 3:: '=l . ,-... "'l. fl/;'.: <0- X 10 cri ,,, O> / p.tltj ~~~ \J6-"/ L.CYr ·I -~ M Denotes Maple Example: OM 20 ~, "'·'' l:fJ_ (~.4)•, so t so ~ 0~6~(2(,P). .,e,_ LOT 7 1 1 -his drawing has b~e'l-i checked and rejewed this /'1-t day of ',...~l/ -R\20~ : by,(Q, W,_ "'-b~ -'-------! 40 l ADDRESS 3753 Casco Avenue Orono, MN 55391 BENCHMARK 63903-001 Top of iron monument as shown Elevation = 957.21 {NGVD-1929) GENERAL NOTES 627/39 122-99 1. Orientation of the bearings used for this survey is based on an assumed datum 2. • -Denotes iron monument. 3. x890.0 -Denotes existing spot elevation. 4. x(890.0) -Denotes proposed spot elevation. 5. ,,----Denotes direction of surface drainage. 6. Proposed garage floor = 954.7 7. Proposed top of foundation = 955.0 8. Proposed basement floor = 944.0 9. House is o Walkout 1 O. Date of lost field survey: 12/17 /02 11. x(890.0)CP -Denotes critical point elevation. 12. 179.0 (P) Denotes Casco Heights plat 12. 178.57 (M) Denotes Field measurement SPECIAL NOTE Only easements shown on the recorded plat of CASCO HEIGHTS ore shown on this survey map, unless otherwise noted. The survey upon which this mop is based was performed without benefit of either on attorney's title opinion or o title commitment. DESCRIPTION Lots 7 & 8, Block 4, Casco Heights, Hennepin County, Minnesota. Date: k:,b /"f.. ::. CO 3 License No. 18883 CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE# 03-2874 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 18, 2003 ------------------------------------------------------------------ TO: Richard Kail 3866 Sunset Drive Spring Park, MN 55384 COPIES: ---------------------------------------------------------------------------- TYPE OF APPLICATION: Vacation -------------------------------------------------------------------------- DATE OF MEETING: March 17, 2003 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Denial for reasons noted below: The alley is necessary for stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. Applicant's next scheduled meeting is confirmed as: City Council on March 24, 2003 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3 7S.3 {};,s-ea 4,,,e_ . Type of Application to be Filed _-LJAe.<.t:..:,e-c..:;y"--=il,=~::=-.,._,_-/=~c.....,_ __________ _ Property Identification Number (P.I.D.) _________________ _ APPLICANT /J -u I< r, Name ,~, ~~, L Address S, ,--, 5<,,. $81/, .£vi $e././)wre.City Phone (home) 9'.S"~-3/7 /-t)fs ( Phone (work) t:;S-,;)-,;)SO--q'.?9' 3 ::j?rlr'J P~ ~f dt~ Zip .rs s cf V OWNER (if different than applicant) Phone (home) _______ _ Name ________________ Phone (work) _______ _ Address _____________ City ________ Zip ____ _ Date Property Acquired -----+'/IP~~.;.__.c_c_/_~J'-'l)"'--6--'-2 ___________ (month/year) I (do) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 75,00 For each variance request with CUP application ___ $250.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $250.00 Guest House/Guest Apartments ___ $250.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use --- $250.00 Land Alteration --- Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more __ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ___ $150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $275.00 Commercial Site Plan Review (+ consultant fees) X $300.00 Vacation $250.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ___ $350.00 Rezoning (PUD -refer to fee schedule) ___ $375.00 Comprehensive Plan Amendment __ $100.00 Appeals Other -see Fee Schedule --- 5 REQUIRED SUBMITTALS 1. __ Completed Application Form. 2. __ Describe request in detail. 3. __ Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, -A-603, Government Center, 348-3271). 4. __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5. __ Attach legal description to application if not included on required survey. 6. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. __ Construction plan, if applicable (see staff for requirements). _ 9. __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application.. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct t~. ; . thhee b b/1es of his/h 1 er ow ledge. Applicant's signature . ...e,~ Date ;;-/ "1-:;Jf;t; 3 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature --;J;,£L/d Date J-/3-Jbo3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 6 CITY of ORONO .. Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may reqmre that the City deny the permit or license. 3. The information may be shared with other local, s(ate or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information 'may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ;ZcJJ ). &,2 First 3<itt Address ~r,h.~ City 1 Signature Middle Last 5(AA~'= {J,'ye_ g1_ /7!,z. 55381/ State Zip 7 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stor~d shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision m the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 8 20-117-23 24 0005 J. H. Kadlec & P. L. Bernhardt 2726 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0010 Lance L. and Rhoda L. Vicknair 2740 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0015 Robert & Linnea Boyd 2725 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0018 Donna L. Lile 2765 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0040 John W. & Joyce Hamblet 2720 Ethel Ave. Wayzata, MN 55391 20-117-23 31 0003 Jill R. Fuglesten William H. Koch II 3730 Casco Ave. Wayzata, MN 55391 20-117-23 31 0009 Richard L. Kail 3866 Sunset Dr. Spring Park, MN 55384 20-117-23 310020 Penny J. Saiki 2874 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0040 James W. & Patricia Dongoske 3700 Casco Ave. Wayzata, MN 55391 20-117-23 31 0057 Rosemary Iversen 2835 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0007 T. Rejzer & L. Rejzer 2715 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0013 Julia S. Jensen 2700 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0016 Benjamin R. & Lisa A Jensen 2745 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0019 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0041 Charles & Susan Percival 2732 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0004 John F. Klick 3703 Casco Ave. Wayzata, MN 55391 20-117-23 31 0010 Bruce D. Madden 3759 Casco Ave. Wayzata, MN 55391 20-117-23 31 0023 Penny J. Saike 2874 Casco Point Rd. Wayzata, MN 55391 20-117-23 310054 Lawrence D. & Katherine Elsen 2879 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0058 DR Welty&MMJin 3721 Casco Ave. Wayzata, MN 55391 20-117-23 24 0008 Donald J. and Dawn R. Hebig 2735 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0014 ·Lawrence D. Pillar 6827 Cardinal Cove Cr. Mound, MN 55364 20-117-23 24 0017 Michael D. Rutherford 2755 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0020 Dale A. Christensen 2750 Cascq Point Rd. Wayzata, MN 55391 20-117-23 31 0002 Roy Schrader 3704 Casco Ave. . Wayzata, MN 55391 20-117-23 31 0005 Robert Presler 3709 Casco Ave. Wayzata, MN 55391 20-117-23 31 0011 Dean V. Greimann 3779 Casco Ave. Wayzata, MN 55391 20-117-23 31 0039 Roy Schrader 3704 Casco Ave. Wayzata, MN 55391 20-117-23 31 0056 RE. Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0062 Scott & Janet Rosstedt 2740 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0066 20-117-23 31 0067 20-117-23 31 0071 Dean V. Greimann Charles & Lucy Nelson Marti Lynn 3 779 Casco Ave. 2868 Casco Point Rd. 3750 Casco Ave. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0006 20-117-23 32 0007 20-117-23 32 0008 Mark E. & Patricia A. Thompson Bryce E. Peterson and David J. Yorks 2824 Casco Point Rd. Mary Pat Peterson 2825 Casco Point Rd. Wayzata, MN 55391 2829 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0009 20-117-23 32 0017 20-117-23 32 0021 Ronald & Margaret Demshar Tammy L. Woodis Rosemary C. Iversen 2821 Casco Point Rd. 2818 Casco Point Rd. 2835 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 · Phone (952) 249--4600 Fax (952) 249-4616 NOTICE · The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 17, 2003 , beginning at 6:30 p.m . on the matter of reviewing the following land use applications: 1. #02-2864 Josephine Carpenter, 480 Russell Avenue, RR-1B zoning dis- trict, requests a variance to permit con- struction of a detached garage closer to the front property line than the principal residence . 2 . #03-2874 Richard Kail , 3753 Casco Avenue , LR-1C zoning district, requests vacation of a platted City alley adjacent to the property dedicated within the plat of Casco Heights. 3 . #03-2875 Sandra Ann Benson, 1376 Baldur Park Road, LR-1C zoning district, reque sts variances to reconstruct and expand the roof of an existing princi- pal structure, located 25 .1' from the OHWL of Lake Minnetonka where 75' is required ; a side yard setback of 6.6' where 10' is required ; and an encroachment of 43' into the ave rage lakeshore setback. 4 . #03-2876 Sevie Lanning, 3329 Crystal Bay Road , LR-1C zoning district , requests variances to permit construction of a new resident on the property with a lot area of 4,785 s.f. (0 .11 acres) where 21 ,780 s.f . (0 .5 acres) is required ; a lot width of 50 ' where 100' is required; struc- ture 48 ' from the OHWLof Lake Minnetonka where 75 ' is required; rear yard setback of 1 O' where 30' is required; 1,081 s.f. (28 .2%) hardcover within the O to 75' lakeshore setback zone where none is permitted; 292 s.f. (29 .35%) hardcover within the 75 ' to 250' lakeshore setback zo.ne where 248.75 s.f. (25%) is permitted ; and an encroachment of 16' into the aver- age lakeshore setback. 5. #03-2877 Shane Rudd , 601 Park Lane, LR-1 B zoning district, requests variances to permit a 219 s.f. bedroom and garage addition onto the existing home with a rear yard setback of 28 .3' where 3CY is required; side yard setbacks of 8.4' and 8.8' where 1 O' is required; 3,508 s.f. (67 .2%) hardcover within the 75' to 250' lakeshore setback zone where 1,305 s.f. (25 %) is permitted ; 2,011 s.f. (22.47 %) lot coverage by structure where 1,500 s.f. is permitted. 6. #03-2878 Edward H. Hamm , 485 Orono Orchard Road S., HR-1B zoning district, requests variances to permit con- struction of a pedestrian entrance gate of 12' -8 " . in height and an automobile entrance gate of 1 O' -11 • in height in the front yard where a 3 1/2' maximum height is permitted. 7 . #03-2879 Gary Hegenes, 2675 ·shadywood Road, LR -18 zoning district, requests variances to construct a 330 s.f. single stall garage addition to an existing attached garage to be located 20' from the front lot line where 35' is required ; 7,553.86 s.f. (27 .17%) hardcover within the 75 ' to 250 ' lakeshore setback zone where 6,950 s.f. (25%) is permitted; and 4,242 s.f. (15 .26%) lot coverage by struc- ture where 4,170 s.f. (15%) is permitted. All persons wishing to be heard are encouraged to attend this meeting . Written comments are accepted and should be submitted to the City of Orono by Mar"h 10 , 2003. Plans are available in the City Offices . For an appointment, please call (952) 249-4600. City of Orono By : Plann ing Commission Jennifer Chaput, City Planner (Published in The Laker and Pioneer · March 1, 2003) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. 8.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and wa·s printed and published once each week for 1 successive weeks. It was first published Saturday the _1_ day of __._M...,,a,..,r....,,c"""h..__ ___ 2003, and was thereafter printed and published every Saturday, to and including Saturday, the _._day of ~03; ' Authorized Agent Suscribed and sworn to me on this 8 : d2r-.~-l-~_,a_.~_ch ____ , 2003 . Notary Public KRISTI HOLM NOTARY PUBLIC· MINNESOTA Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15 .50 per inch . (2) Maximum rate allowed by law for above matter : $15.50 . (3) Rate actually charged for above matter: $7 .96 per inch . Each additional successive week : $5 .79 . STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M . Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#03-2874, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this ih day of March, 2003 . ~-- Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (95.2) 249-4600 Fax (952) 249-4616 .NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 17, 2003, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #02-2864 2. #03-2874 3. #03-2875 4. #03-2876 5. #03-2877 Josephine Carpenter, 480 Russell Avenue, RR-1B zoning district, requests a variance to permit construction of a detached garage closer to the front property line than the principal residence. Richard Kail, 3753 Casco Avenue, LR-IC zoning district, requests vacation of a platted City alley adjacent to the property dedicated within the plat of Casco Heights. Sandra Ann Benson, 1376 Baldur Park Road, LR-IC zoning district, requests variances to reconstruct and expand the roof of an existing principal structure, located 25.1' from the OHWL of Lake Minnetonka where 75' is required; a side yard setback of 6.6' where 10' is required; and an encroachment of 43' into the average lakeshore setback. Sevie Lanning, 3329 Crystal Bay Road, LR-IC zoning district, requests variances to permit construction of a new residence on the property with a lot area of 4,785 s.f. (0.11 acres) where 21,780 s.f. (0.5 acres) is required; a lot width of 50' where 100' is required; structure 48' from the OHWL of Lake Minnetonka where 75' is required; rear yard setback of 10' where 30' is required; 1,081 s.f. (28.52%) hardcover within the Oto 75' lakeshore setback zone where none is permitted; 292 s.f. (29.35%) hardcover within the 75' to 250' lakeshore setback zone where 248.75 s.f. (25%) is permitted; and an encroachment of 16' into the average lakeshore setback. Shane Rudd, 601 Park Lane, LR-1B zoning district, requests variances to permit a 219 s.f. bedroom and garage addition onto the existing home with a rear yard setback of28.3' where 30' is required; side yard setbacks of 8.4' and 8.8' where 10' is required; 3,508 s.f. (67.2%) hardcover within the 75' to 250' lakeshore setback zone where 1,305 s.f. (25%) is permitted; 2,011 s.f. (22.47%) lot coverage by structure where 1,500 s.f. is permitted. 6. #03-2878 Edward H. Hamm, 485 Orono Orchard Road S, RR-lB zoning district, requests variances to permit construction of a pedestrian entrance gate of 12'-8" in height and an automobile entrance gate of 10'-11" in height in the front yard.where a 3 ½' maximum height is permitted. 7. #03-2879 Gary Hegenes, 2675 Shadywood Road, LR-lB zoning district, requests variances to construct a 330 s.f. single stall garage addition to an existing attached garage to be located 20' from the front lot line where 35' is required; 7,553.86 s.f. (27.17%) hardcover within the 75' to 250' lakeshore setback zone where 6,950 s.f. (25%) is permitted; and 4,242 s.f. (15.26%) lot coverage by structure where 4,170 s.f. (15%) is permitted. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by March 10, 2003. Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission To be published the week of March 1, 2003 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 20-117-23 24 0005 J. H. Kadlec & P. L. Bernhardt 2726 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0010 Lance L. and Rhoda L. Vicknair 2740 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0015 Robert & Linnea Boyd 2725 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0018 Donna L. Lile 2765 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0040 John W. & Joyce Hamblet 2720 Ethel Ave. Wayzata, MN 55391 20-117-23 31 0003 Jill R. Fuglesten William H. Koch II 3730 Casco Ave. Wayzata, MN 55391 20-117-23 31 0009 Richard L. Kail 3 866 Sunset Dr. Spring Park, MN 55384 20-117-23 31 0020 Penny J. Saiki 2874 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0040 James W. & Patricia Dongoske 3 700 Casco Ave. ·wayzata, MN 55391 20-117-23 310057 Rosemary Iversen 2835 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0007 T. Rejzer & L. Rejzer 2715 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0013 Julia S. Jensen 2700 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0016 Benjamin R. & Lisa A Jensen 2745 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0019 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0041 Charles & Susan Percival 2732 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0004 John F. Klick 3 703 Casco Ave. Wayzata, MN 55391 20-117-23 31 0010 Bruce D. Madden 3759 Casco Ave. Wayzata, MN 55391 20-117-23 31 0023 Penny J. Saike 2874 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0054 Lawrence D. & Katherine Elsen 2879 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0058 DR Welty&MMJin 3721 Casco Ave. Wayzata, MN 55391 20-117-23 24 0008 Donald J. and Dawn R. Hebig 2735 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0014 Lawrence D. Pillar 6827 Cardinal Cove Cr. Mound, MN 55364 20-117-23 24 0017 Michael D. Rutherford 2755 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0020 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0002 Roy Schrader 3704 Casco Ave. . Wayzata, MN 55391 20-117-23 31 0005 Robert Presler 3709 Casco Ave. Wayzata, MN 55391 20-117-23 31 0011 Dean V. Greimann 3779 Casco Ave. Wayzata, MN 55391 20-117-23 31 0039 Roy Schrader 3704 Casco Ave. Wayzata, MN 55391 20-117-23 31 0056 R.E. Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0062 Scott & Janet Rosstedt 2740 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0066 20-117-23 31 0067 20-117-23 31 0071 Dean V. Greimann Charles & Lucy Nelson Marti Lynn 3779 Casco Ave. 2868 Casco Point Rd. 3750 Casco Ave. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0006 20-117-23 32 0007 20-117-23 32 0008 Mark E. & Patricia A. Thompson Bryce E. Peterson and David J. Yorks 2824 Casco Point Rd. Mary Pat Peterson 2825 Casco Point Rd. Wayzata, MN 55391 2829 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 32 0009 20-117-23 32 0017 20-117-23 32 0021 Ronald & Margaret Demshar Tammy L. Woodis Rosemary C. Iversen 2821 Casco Point Rd. 2818 Casco Point Rd. 2835 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 CITY of ORONO February 20, 2003 Richard Kail 3866 Sunset Drive Spring Park, MN 55384 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #03-2874 Dear Mr. Kail: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has received your application for vacation of an alley adjacent to the property located at 3753 Casco Avenue. The City is required to notify you within ten (10) business days as to the status of your application. At this time, your application has been found complete. Your application is scheduled to appear before the Planning Commission on Monday, March 1 7, 2003. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will receive a staff report regarding your application prior to the meeting date. Please do not hesitate to contact me at (952)249-4600 if you have any questions regarding this letter. Sincerely, llt L<£{ltf ~''--~~- Wendy Botten~erg City Planner Telephone (952) 249-4600 • Fax (952) 249~4616 www.ci.orono.mn.us ~OJv 0 0 ·. >-1 \'1 i.V.-. ;:...•· 1,. \:'.i,, 1V'. · If., .L'. '1-'~•-·.' r I, r~' ~'> ,: )·:· \'{" v/ --<,,/4» :_ '-a~c/ <l-JiJSHO". · CITY of ORONO P.O. BOX 66 CRYSTAL BAY. MINNESOTA 55323 Mr. and Mrs. Kail 3866 Sunset Drive Spring Park, MN 55384 i. ~·~·~·;··1l C • -·•-* * 61 WETER•• ~10274 7 TRACKING SHEET FILE NO. 03-2874 Staff: l l 4,.1,icu;r SITE ADDRESS : 3753 Casco Ave. Applicant: Richard Kail Address: 3866 Sunset Dr. Spring Park, MN 55384 Owner: Richard Kail Address : 3866 Sunset Dr. Spring Park, MN 55384 □ Meeting with Staff Date: ______ _ ~ Application Completed Date: a.I M / o·o 60 Day: 4:/a--! / tJ?J □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD ;K( Property Owners Notified: Date: 3-7-0::> R' Legal Notice Published Date : 3-I -03 PC Meeting(s): --3 -( 'l -0 ~ Vote: ~✓oJ Vote: ------------------- Vote: ------------------- □ Notice of PC Action: ·3 '-l~ ✓o 3 _ ___:_ __ -=----------------- City Council Meeting(s): -=5 _, ~-=----4 -=-· ---=0=---3 _______ Vote: (_/5-0 ) LI -IL\ -03 K..Q.SO wh O,v Vote : 4-0 ____________ Vote: _____ _ □ Resolution: SURVEY FOR: RICHARD KAIL I -•- I SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10580 WAY2ATA BOULEVARD, SUITE 1 MINNETONKA. MN 55305 952-546-7601 FAX: 952-546-9065 www.schoellmadaon.com HARD COVER C _t __ _ A S C 0 BITUMINOUS ROAD COMM RISER AVENUE TOTAL AREA = 17351 sq. ft. 0.40 Acres PROPOSED HOUSE = 2631 sq. ft. PROPOSED DRIVEWAY = 1993 sq. ft. TOTAL HARD COVER = 24.6% HARD COVER FOR LOT TO PROPOSED HOUSE LOT = 17351 sq. ft. 0.40 Acres PROPOSED HOUSE = 2631 sq. ft. TOTAL COVERAGE = 15.1% 0 30 b----3 ~ r TREE LEGEND 60 I : :···:·:. . .. : ... · ... -: ~==- Number following abbreviation denotes estimated diameter in inches, three feet above ground level. The second number (if any) denotes the number of trunks at that location (1 denotes a dead tree). Number following shrubs denotes it's diameter in feet. 0 Denotes deciduous tree. 40 953.5 X 954.1 X (951. 7)x 951. 7x If} Ol ai C\/ s: : C'-1 I"') ;.... -0 lO 0 (/) I I 956.2 X 957.4 X x(957.9) EAST 100.00 ~ x957.9 __ ...,....,_ ~ I 943.7x V / cxi cxi (945.7)x/f2 ~ ~ I ~ ai ~I $ I ~I :=l / I o 012 <n/ I I M Denotes Maple Example: OM 20 LOT 8 !1~ I :;; 937.4x LOT 7 I ::...J/ (937.4)x 50 ' -------~:SBJ:m~--~5~0~--LJ This drawing has b~en. checked and repewed this /'11"11') day of r~: Q l\ (l_O~ by . J;, K .. Vll\. c=. b~...ro--,, 86.0 p 14._ 86 15 M) x93B.1 -• x(93B.1) N 84°36'24" W ,,.--EDGE BIT -----,;- : :···-.::.. ·-.. =--·---· : . - -l 40 l ADDRESS 3753 Casco Avenue Orono, MN 55391 BENCHMARK 63903-001 Top of iron monument as shown Elevation = 957.21 (NGVD-1929) GENERAL NOTES 627/39 (122-99) 1. Orientation of the bearings used for this survey is based · on an assumed datum 2. • -Denotes iron monument. 3. x890.0 -Denotes existing spot elevation. 4. x(890.0) -Denotes proposed spot elevation. 5 . .,,,,,,,,---Denotes direction of surface drainage. 6. Proposed garage floor = 954. 7 7. Proposed top of foundation = 955.0 8. Proposed basement floor = 944.0 9. House is a Walkout 10. Date of last field survey: 12/17 /02 11. x(890.0)CP -Denotes critical point elevation. 12. 179.0 (P) Denotes Casco Heights plat 12. 178.57 (M) Denotes Field measurement SPECIAL NOTE Only easements shown on the recorded plat of CASCO HEIGHTS are shown on this survey map, unless otherwise noted. The survey upon which this map is based was performed without benefit of either an attorney's title opinion or a title commitment. DESCRIPTION Lots 7 & 8, Block 4, Casco Heights, Hennepin County, Minnesota. I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under la::o f J~ :;;:;:_ Daniel R. McGibboft Date: W l'f. :Z.C03 License No. 18883 It