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CTIY OF ORONO, MINNESffTA
Conditional Use and Variance Application
LOCATION OF PROPOSAL (or property)
Address 0,440 CARMAN 5fr:
Legal Description
,�PPLICANT
Name r / -, /_ � Phone rt q%/_
Address
ONNf0t - � 1
Name 7. Phone
Address ;�_` f� �' <.�. ; f « c e e —
Present Zoning 4A -/ C Present Use AC
TYPE OF REQUEST
Conditional Use
Variance
Wetlands Variance
Riprap
Fem _N 1, j,11,71
FOR OFFICIAL USE ONLY
Council Action
to
Zoning Ordinance Se,_ t ion Relating to Reque . 3j/.,f,�fL Denied
Specify Ordinance Requ-.rements ' cT,640<5
Explain Request Relative tc .requirements
fi204VT 122
Extent of Non -conformity l &OWT AW tr`%r
Hardships to Property (Your reasons for requesting this Variance or Conditional Use Permit
MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Mat be submitted 1 week prior to Council Meeting)
1. Application completed 4. Certified Property Owns '
2. Plitt Kip Section o%ners within (300 ft. (1S0 ft.
3. Survey (Sketch in proposal) from Hennepin County Reg of
Deeds
S.
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' ��• DEPMOiENi OF FINANCE
ROOM 116, ()URTHOUSE
MINNEAPOLIS, MINN. 55415
PROPERTY OWNERS LIST
ou DESCRIPTION
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ROOM 116, COURTHOUSE
MINNEAPOLIS, MINN. 55415
PROPERTY OWNERS LIST
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McCOMBS-KNUTSON ASSOCIATES, INr.
>>>>� CONSULTING ENGINEERS ■ LAND SURVEYORS ■ SITE PLANNERS
July 25, 10, 1975
Mr. Hank Muhich
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Subject: Edward T. Lehman
Block 1, Nivar, and Block 6, Townsite of Langdon nark
Dear Hank:
We reviewed the data submitted by Gordon Coffin regarding
the feasibility of placing fill on existing low land and still
maintaining existing wetlands .in the subject property. This
project has already received a fill permit from the Minnehaha
Creek Watershed District. The low lands shown on the Hennepin
County Soil Conservation Department and the Village Wetlands
map as being wetlands. This was determined by the County from
their aerial photographs. Subsequent to the time the aerial
photographs were taken, but prior to the adoption of wetland
ordinances, some of the wetlands were filled. We have talked
to Pat Kennedy, HCSCS, and since the preparation of the maps,
they made a field inspection of this area and no longer believe
that the large low area can be classified as wetlands. Therefore,
it is our opinion based on our data, and consultation with the
Minnehaha Creek Watershed District and the Hennepin County Soil
Conservation Service that the wetlands shown on Gordon Coffins
survey of 7/17/75, are a correct representation of the existing
wetlands on this site. For this reason, we have seen no
engineering objection to granting permission to do the grading
proposed, as long as no fill is placed in the area shown as edge
of cattails and that nothing is done to restrict the present
drainage of storm water through the property.
If this proposal is approved by the council, before any
construction is actually done, we would see the detailed proposals
from Lehman if he proposes any changes to the existing ditching.
We trust this will answer your questions regarding this proposal.
If you have any further questions, please advise.
Very truly yours,
Mc-C('%1B0-1KNU,.jT/SOtNf�ASSOCIATFS, INC.
Hlit' iam .�!rfcC6m�.
.'80Ot5nN kit MOPIAL HIGHIA'AY MINNFAPOtIS MINNESGTA 1.5441 TELEPHONE (612' 545 3735
it- NUHTH :AAIN t-Wf1T HUTCI++NiI N `.'I%%b ',"1A -54•,(1 if11f"HONF 6'2 8y' W)31
SOL!THMST fN(,)NtLFONG D,YISION MAHSHAII %1'NNt`,()TA bb,158 TFItPN"1NF +507 53. 5810
GORDON P. COMm
LAND SU64VI WON ANU PLANNaA
1P..f NATf NTOWN MOAO
LONC. LAML %0INN 5%1%6
Al) 4140
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��� McCOMBS-KNUTSON ASSOCIATES, INC.
5 # CONSULTING INGINEERS 0 LAND SURVEYORS is SITE PtANNERS
Ili
August 6, 1975
Mr. flank Muhick
Village of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Subject: Drainage Easeiiient --Edward T.
Dear flank:
Lehman_-
We have reviewed the legal description of the proposed
drainage easen.ent across Edward T. Lehman's property. It
appears to be satisfactory. We have asked Gordon Coffin to
furnish you a map showing this easement. We have sent a copy
of the description to Bruce Malkerson for drafting of the
documents. I talked to Bruce and we concur that this descrip-
tion meets our requirements and your issuance of a grading
certificate is recommended.
If you have any further questions, please do not hesitate
to contact me.
WHM: 1 ,, 9
Very truly yours,
McCOMBS-KNUTSON ASSOCIATES, INC.
William tl. McCombs, P.E.
67�f
':1405 OISON MfMORIAI HIGHWAY MINNftiPOtIS M NNfSOTA b5441 It' FPH(;NE 6121 545 3735
)8 NORTH Mt.IN STREET, HUI'HINSUN MINNfSOTA -0'k50 T(1tPm0Nf 612 897 $031
SUUTHAfST tNGINFERING DIVISION MARSHAIL MINNfSOTA 50258 1tltPHONE c507) S32 5620
RF,oUjTION N0. 769
A RESOLUf]ON APPROVING THE LFIiF%N ADDITION
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Ororo has adopted subdivision
regulations for the orderly, economic and safe development of land within the City;
and
%I EREAS, the City Camcil has considered the application for a subdivision
plat for the Lehman Addition by Edward T. Lehman;
NOW, THEREFORE, BE IT RESOLVFD, that the City Council of the City of Orono
hereby approves the plat for the Lehman Addition, fennepin County, Minnesota, subject
to the following:
1. Approval of the plat does not constitute approval of the lc,.-.ation of
any dwelling.
2. All proposed dwelling 1 oc:at ions shall meet ie minimin 7S' lakeshore
requirement.
3. Appropriate Park Dedication Fee (total $3,086.00).
4. Final plat is same as preliminary which was previously approved.
S. All necessary easements. Conservation easement over wetlands and any
other easements that are deemed necessary.
6. Title opinion.
This resolution will expire October 1, 1977, if the aforesaid subdivision
plat has not been filed with the Hennepin County Register of Deeds. In that event, it
will be necessary to file a new application with the City of Orono for subdivision
approval.
Dated this 11 day of April 0 1977.
William B. VAest, yor
kra.ST:
Walter ,_.rtson, Cleric/kIministrator
STATE OF M INNESM
ODLDM OF HJWNEPIN
CITY OF ORONO
71ie mdersigned duly qualified and acting City Clerk/M!, *nistiator of
the City of Orono hereby certifies that attached hereto is a ie and correct
copy of the original Resolution passed by the City Council of the City of Orono
on April 11, 1977, approving the Le}umn Addition Plat on file in the office of
the City Clerk/Mninistrator, City of Orono.
Kalter . Ben -Son
C1er1Sf ciministrator
Dated this day of �''C, , 1977.
REGULAR MEETING OF THE ORONO COUNCIL HELD APRIL 11, 1977 Page 11
Henry Muhich, Building & Zoning Administrator,
XBDIVISION
read into the record the following information,
3527 Shoreline Drive
dated March 30, 1977:
#182
Ed Lehman
Mr. Ed Lehman, 3527 Shoreline Drive, just sub-
mitted plan #3 showing the proposed location
for a home on Lot 3. The house would meet the
front and side yard setbacks, but not the
lakeshore setback, I suggested combining
Lots 2 & 3, but he objected. We should
determine now whether or not we would approve
a variance from the 75' lakeshore setback
requirement before making a decision on the
'
final pla' .
'
Planning Commission Meeting - April 4, 1977
It was brought to the attention of the Planning
Commission that any dwelling proposed for Lot 3
would have difficulty meeting all setback
requirements, (front, side and lakeshore)
because of the lagoon. The Commission recommended
approval of the final plat subject to the following
conditions:
1. Approval of the plat does not constitute
approval of the location of any dwelling.
2. All proposed dwelling locations shall meet
the minimum 75' lakeshore requirement.
3. Appropriate park dedication fee (total
$3,086) .
4. Final plat is game as preliminary which
was previously approved.
There was no request for adjustment of the
special assessments at the present time.
Council Meeting - April 11, 1977
Welsh moved, Butler seconded, to adopt RESOLUTION #769
Resolution #769, A Resolution Approving The Lehman Addition
LeNnan Addition, as per the Planning Commission
Minutes of April 4, 1977, with the addition of:
S. Title opinion to the City.
6. Necessary ronst•rvat ion t'd,.( mt•nt s ind of ht,r
eascoents that mit_Iht by ,��,i�l i ►hlt�.
Motion, Aycs (5) - Nays (0).
TO: Planning Commission and (7ouncil
FW1- 11mik 'SflAch, Zoning .Administrator
DATE: November 14, 1977
S1RT-,(,T: licl Lehrw - 2,40 Car n Strut
Variance - Front Se sac
This report will cover .11 three applications by "r. I'd Lehm•tn. The three nrcnerties
involved are adjacent to one another. 244() and 245) Caman Street are related t-
parcels resultim, rrom the subdivision recently approved by Ccnmcil. (:Inclosed are
copies of Planning Corrissi.rm minutes of April 4, 1977, Council minutes of knril
11, 1977 and resolution of approval of plat. I'm also enclosing copies of reports
from the City Engineer in regards to this subdivision.)
Tie individual pronosals are as follows:
LkYj0*'"337 - The nroposetl location for a dwelling on Parcel uld require approval
of a front yard variance of 8 ft.
(2) 0338 - The proposed location for a dwelling on Parcel C would require approval
of a front yard v.iriaJ.Le of 10 ft. and a lakeshore sethacl� variance of
(3) 6339 - i?ie application on this narc^1 consists of a conditional use permit for
a duplex (7-oning r1rdinance �: ction .14.129). A conditional tisc permit
for :t dur)lex could 1)e considered if the emits are sewered and if the
stnxture is within 201 ft. of adjacent commercial property. This
proposal for duplex credit is similar to the one we recently approved
for .Tian Lindsay or }telly %venue I oVinp "o many on :,elly ivenue in
;avarre .
If Vie conditional use nernit for a duplex is approved, a second issue must he
;uldres%e d. 1".e nropose"l location of the stricture wo,11,' rc-quire a front vnrc'.
variance of 11, fr . an(] a rear var(' variance of "I ft.
PLANNING 01WTS51M WnRK SESSI(W - November 21, 1977
Reviewed V., ,-oposals. Discussion included zoning, density permitted, setbacks
(lake and road), duplex credit in reference to zoning regulations, related proposal
'o recent similar proposal by Iran Linsav on Kelly avenue. (,Approval of duplex credit
for Linsay proposal conditioned on stntctures heinR locstecd within 2111' or
commercially znned district.)
PLANNING COMMISSION - December 5, 1977
Recommended approval of 8' variance from the street setback require-
ment of 30'. (Dwelling to he located 22' from property line along
Carman Street.)
Justification:
1) Hardship - toFography r.f the land and soil conditions restrict
location.
ED LEHMAN - 2440 Carman Street
Variance - Front Setback
Page 2
2) Lot meets zoning area requirement.
3) Property is sewered.
COUNCIL MEETING - December 12, 1977
Approved per Planning Commission recommendations
Letter received from Greg Frank, City Engineer,
dated December 2, 1977, which states:
On December 1, 1977, the applicant's engineer for
the subject project submitted grading plans, road
profile and drainage plans showing proposed
drainage easements. Based on our review of these
submittals, we recommend approval of the preliminary
subdivision.
End of letter
Pesek moved, Paurus seconded, to approve the
preliminary subdivision request of the George
Jackson Construction Company, 90 Willow Drive
South, per the Planning Commission recommendations
of December 5, 1977, to include a Homeowners
Association Agreement, and review of Lots A & B as
possible combination. Motion, Ayes (3) - Nays (0).
SUBDIVISION
90 Willow Drive South
(Continued)
Mr. Alan Olson, Assistant Building 6 Zoning Adminis- VARIANCE
tratcr, entered into the record the following informa- 2440 Carman Street
tion concerning a variance request of Ed Lehman, #337
2440 Carman Street, dated December 5, 1977, which Ed Lehman
states:
The Planning Commission recommended ipproval of
8' variance from the street setback requirement of
301. (Dwelling to be located 22' from property
line along Carman Street.)
Justification:
1. Hardship - topography of the land and soil
conditions restrict location.
2. Lot meets zoning area requirement.
3. Property is sewered.
Mayor Van Nest moved, Pesek seconded, to approve
the variance request of Ed Lehman, 2440 Carman
Street, for Parcel B per the Planning Commission
recommendations of December 5, 1977. Motion,
Ayes (3) - Nays (0).
Mr. Alan Olson, Assistant Building & Zoning
Administrator, entered into the record the
following information concerning a variance
request of Ed Lehman, 2450 Carman Street,
dated December 5, 1977, which states:
The Planning Commission recommended approval
of a 10' variance from the street setback
RIANCE
2450 Carman Street
#3:.8
Ed Lehman
(Continued)
1'
MINUTES OF A PLANNING COMMISSION MEETING HELD DECEMBER 5, 1977 - PAGE 12
Commissioner Hurr asked if the lots could be ED LEHMAN
rearranged so the building would be more than 50 (continued)
feet from the shoreline of the lagoon.
Mayor Van Nest explained that because of the steep
road `here would be a hardship. Also, he stated
these proper'' have been assessed for sc-aer and
water, but ti, ave not been able to hook up
because they are too low. He added, however,
that this could be solved by installing a lift
station.
The Vning Administrator explained that the proposed
location of the duplex exceeds the required 200 ft.
from a commercial area. He also stated that Mrs.
Peterson had telephoned him and was concerned
that the duplex would obstruct her view. She
also was concerned about the parking because the
renter who just moved out had been parking on the
street.
Mayor Van Nest stated that a small part of the
building would be within the required 200 ft.
Commissioner Hurr commented that the Ordinance
required the whole building to be within 200 ft.
of a commercial area.
The Zoning Administrator reviewed the variances
and setbacks that were being requested.
Mayor Van Nest stated there is some history to this
request and felt some of the regulations might
not apply here. He explained that Mr. Lehman had
said he wanted to develop this properL-- for hiF-
whole fami'y and plans to li,v,e in one side of
duplex for ilis retirement. Also, he commenter
felt there jas a hardship on Lots C and D.
The Commission discussed the duplex being within
200 feet of a commercial area and the dwelling on
Parcel C being located only 50 feet from the
shoreline of the lagoon.
The COITimission discussed "- variance for 2440 Carman ED LEHMAN
Street.
It was felt the :iince should
be approved
2440 CARMAN STREET
since the
property was serviced by sewer,
and the
VARIANCE
lot met the
minii:nun lot area req►i+rement,
and a
FRONT SETBACK
hardship
was demonstrated because of the
topography
4337
and soil.
conditions.
The Cosnnission discussed the variances for 2450
Carman Street.