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Home My WebLink AboutProject PacketRe: 1-73941 15 CITY OF ORONO -peoe; p+ 1'710� a 4-a(v-T.t Lk)-r;0-ol C L I s0 c,.A- p 100 aCr - +W- �014 a TO -ro t-CL.Q it S-00. 00 GENERAI. LAND VISE APPLICATION -------------------------------------------------------- ------------------ PROPERTY LOCATION 3/ 3S Site Address 0*� Casco Circle Wayzata �1�? 55391 Property Identification Number (P.I.D.) 20-117-23 43 0029 Please check one - Is the property abstract or K torrens? (for Conditional Use Applications only) Please attach legal description to app]icatjen if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name Roland C. Amundson Phone 471-8833 (H); 338-3380 M Mailing Address 1350 rain Tower, Mp]s MN 55402 --------------------------------------------------------------------------- OWNER Name Roland C. Amundson Phone 471-883 (H); 338-3380 M Ma i -; Address 1350 Dain Tower, Alpls MN 55402 Da.- roperty '\cquired October, 1984 (month/year) I (AN (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FELS - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (gradinq, filling) PRU/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezonin<1 $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District TR - ic' Present Use of Property Residential Other (specify) ------------------------------------------------------------•-------------- DRSCRIPTION OF REQUEST Describe request in detail: see atrvehed Exhibit "A" ----------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 3�0' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (N10) pre-addre-sed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ----------------------------------------------------------•----------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfees and/or nusual expenses incurred in review of this application, and certifies that the in ormation supplied is true and correct to the best of 1%/her edge. Applicant's signatures Date 4/25I85 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Ci staff, consultants, agents, commission mend ers, and Cou ail m ers for pu oses of investigation and verification of t s request. Owner's signaAure 1�%1Lll, rL'�"1�__ Date 4/25/95 --------------- 1Z m t 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 mont.h. e rrhibit "A" The work being done will involve replacing the decking on they floor of what remains of the boat house. The former flooring was rotting and unsafe. The flooring is essential to support the ground area around the walls so as to maintain the integrity of the structure. If the three walls are allowed to fall into disrepair the bank will undoubtedly experience rapid and extreme erosion. I also plan a wooden stairway as access to the lake. RUN DATE 04/23/85 t BATCH 001 38 20-117-23 34 0006 PROP ADDR 03105 CASCO CIR OWNER NAME W i M MEYER TAXPAYER JOIIN P STEN NAME/ADOR 3105 CASCO CIRCLE WAYZATA t711 55391 38 20-117-23 34 0021 PROP ADDe 03125 CASCO CIR (M.'ER NAME R G d P A DUDLEY TAXPAYER RCIJALD 6 A PATRICIA A DUDLEY NAME/ADDR 3125 CASCO CIRCLE SO ORONO HIM 55391 38 20-117-23 43 0024 PROP ADDR. 03185 CASCO CIR 0::::EP t1 ME LYtN L PEP.SCN TAXPAYER THOU AS A G^EEN NAME/ADDR 3105 CASCO CIRCLE WAYZATA M14 55391 38 20-117-23 43 0027 PROP ADDR 03155 CASCO CIR CW1IER NIVIE W E T LUNDSTP.OM TAXPAYER WAYNE t THEPESA LUNDSTROM NAME/ADDR 3155 CASCO CIR OR0:10 YEN 55391 I.- Z0 117-23 43 0030 PROP ADDR 03133 CASCO CIP. G:.^NER NAME DEt24IS L LAURA SULLIVAN TAXPAYER. DEt4fIS A LAURA SULLIVAN NAME/ADDR 3133 CASCO CIRCLE DRIVE WAYZATA MI1 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 34 0007 03131 CASCO CIR ORVILLE H HUSEBY ET AL ORVILLE i DEANt1E HUSEBY 3131 CASCO CIRCLE WAYZATA MN 55391 3C 20-117-23 34 0022 J H S B L LEAR JAMES H E CCNIIIE L LEAP 3127 CASCO CIR OR.ONO :1N 55391 38 20-117-23 43 0025 03185 CASCO CIR LYta1 L PERSCH THOMAS A GPEEN 3185 CASCO CIRCLE 0R0140 M11 55391 38 20-117-23 43 0028 03145 CASCO CIR L VON RCII? MICHAEL F BUTLER 3145 CASCO CIRCLE WAYZATA Mtl 55391 38 20-117-23 43 0031 THE CASCO CO THE CASCO COMPANY ROBERT 0 MACNIE 3135 CASCO CIR WAYZATA MIN 55391 REPORT NO. P1435401 PAGE 1 38 20-117-23 7L4 0008 03129 CASCO CIR P M DOUGALL ETAL P M DOUGALL 730 2ND AVE S SUITE SIS MPLS MN SS402 38 20-117-23 43 0023 03195 CASCO CIR ROBEPT M 9 JUDITH G BOYLAN ROBERT M B01LAN 3195 CASCO CIRCLE WAYZATA MS 553°! 38 20-117-23 43 0026 03165 CASCO CIR HERBERT J SUERTH ETAL HERBERT J SUERTH 3165 CASCO CIRCLE W'YZATA MN 55301 38 20-117-23 43 0029 0313" CASCO CIR ROLAND C AMUIMSLNJ POLAND C AMINDSON 630 FIRST BANK PLACE W MPLS M!l 55402 TOTAL BATCH 001 00014 rq X S w t RUN DATE 04/73:85 BATCH 001 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY WARS LIST REPORT NO. PT435401 PAGE I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCL'PATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEA S THIS DAZE ON THE RECCRDS OF THE HENNEPIN COUNTY DEPARTMENT OF FRO, RTY TA)�TION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. / i) DATE a CITY OF OP�'� BOX 66 V,YST, Ll BAY, Uncl, rvw At' ' In't. icierl Kb v-0i Do 1:.1 lenlall fit !-Its (.n-o�;ow 9�� 8 tJ-117 23 43 C031 �4p PANY E i A SCJ C PANY RO ER T G MAC E 313 C,,-,rr, r 1p W y Z T 5 1 A YZ TA MN 5 1 CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, June 17, 1985 on the matter of Roland Amundson's application for a conditional use permit for the expansion of a non-corforming structure and a varianrc for e,:cavation within 75' of lakeshore for property located at 3135 Casco Circle. All persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Plans are available for revie-. in the City offices. City of Orono By: Planning Commission eanne A. Mabusth, Zoning Administrator To be published the week of June 2, 1995 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Barb Provo, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of Roland Amundson's application for a conditional use permit for the expansion of a non -conforming structure and a variance for excavation with;n 75' of lakeshore for property located at 3135 Casco Circle (Zoning File No. 915), has been mailed to the attached property owners list_ on the 3rd of June, 1985. In Witness Whereot, I have hereunto set my hand and seal this 3rd day of June 1985. Barb Provo, Secretary CITY OF oftlstto NOTICE The Planning Commission will hold a Pub4c Hearing in the Council Chambers at 1275 south Brown Road on Monday June 17 1985 on the matter of Roland Amundson s appbcehon or a conditional use permit for the eAPansion of a nun conlommg structure and, vafLdnce for e. cavabon within 75 of laeeshorn or property located at 3135 Ceac a Circle All persons wishing 10 be heard will appear at this hie Written comments are solicited Mans are available for review in the City ofhc, City of Orono By Planning Commission Jeanne A Mabusth Zoning Admmn,str it�on (Published in The Liker ,tune 4 1985, (J .r Affidavit of Publkation 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. Min- nesota, and has full kno^.vledge of the facts w"ich are stated below A I The newspaper has complied with all the re- quirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A 02, 331 A 07, and other applicable laws as amended B ) The printed //Z )o;e ~G1 77C, which is attached was r l,t from the columns of said newspaper, and was printed and published once each week for suec save weeks It was first published Tuesday r / the y day of �/ v�'C 19 d ,I'll" and was thereafter printed and published every Tuesday, to and including Tuesday. the day of 19 Authorized Agent tiubscnhed .vA sworn to me on this aay of JG d-c 19 r1j . Notary Pubbc Rate Information 1, LQhr.;r Gaast!wd rate paid by comnwcwl maws for CO"%Wabls space tM 00 per Wch 121 AAanirhum raM Mowed by few for above mistier $4 13 per, inch 01 RMP m 1willy i tuo9ed tot abovo taefte. 64 1 .! pw inn, h Each additrwlal succoswve, *Oak 62 15 prrr ir--h 7 0 r jT loo 179 160 83( NO 183( � 1 l 1e1' a 66 y• C `! L r 92 4F5 N 1 r 1 e15 v ' ♦. 1 q. C �4 CIS y 1i7�'Ij K•t� w- 1! kl L �� e� r►•rrt� �Y 4s*.ilow r h;� v �i 'L %A 1y , 7 O a'� ri/►� 170169AL is `� ��It> �,<+- I+ _ : ��. � . 2 15�. �In �l ,• �' ,' � ohs • o �1 S ss s S. a io its 1 ° JA OR ' 'a bit1 �p .,. n . a } r EIlk OR 63 44 KI K SM �' ti'ac •e : /' i r J '4 43 Eo `dub, &Oki �"A&c= kid Lo� At, A& 66VVell f6 -fit M'IA1141,lal ft)k tA1577i,76 ,ktWUI(& lb c:.-- � ' � ♦ � � LLB �� *-!t,tit TO: Jeanne A. Mabusth, Building & Zoning Administrator FROM: Thomas J. Jacobs, Building Official DATE: March 21, 1985 SUBJECT: 3135 Casco Circle - Tree Removal I condlir'--d -- ` ,spec- ion on the above subject property on K-Irch 13, 1985, which revealed the following: 1. About 95 percent of the shoreline bank has been cleared of trees and brush. About 8-10 of these trees are over 6" in diameter. The owner of the property insists that they were dead. An inspection on March 18, 1985, revealed that the pine tree or trees appeared to be a1i-e. The owner was asked to provide an expert opinion as to the status of the trees. 2. Due to the removal of the trees and bru�' , soil erosion has started. I have required that soil erosion co, 1 ols be placed at the bottom and the middle of the bank immediately. Mr. Roland Amundson (owner) has said that he would provide the erosion control but didn't know where to get the silt screen. On March 21, 1985, I explained again why it was needed and provided information on where he could purchase the screen. Mr. Roland Amundson is to provide the City with a landscape plan showing replacement of trees and permanent soil erosion con+rols. 3. Mr. Roland Amundson has removed an old boat house except for three sides which is providing stability for the bank. He then started to construct a deck within the remaining wal's within the 0-75' setback area. He was stopped by the Bui ldinq Department and is now going to apply for a conditional u:-.e permit. AMUNDSON & JOHNSON Al TORNE VS AT LAW 13!L0 RAIN TOWER ' y MINNEAPOLIS MINNESUiA b5402�' 16 t 2 ' 338 3, 30 1w r� HOLAND C. AMUNDSON DAVID S. JOHNSON JAMES E. I_..FAVE V'IVIAN M. LEITH April 25. 1985 Jeanne A. 1.labusth Building 11 Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 BAND DELIVERED Tie: 31:35 Casco Dear SIs. Mabusth: I am enclosing a fully eNecuted Conditional Use Permit Application with exhibits, and the appropriate pre -addressed envelopes. I am also enclosing a check in the amount of $500.00 for double the application fee. I am reserviAg my right to reclaim the amount of $250.00 because I e!, not feel this application is untimely nor necessary since I am only repairing an existing structure. Very truly yours, aUND JOiiI` ' an urdson RCA:m] Enc . TO: Planning Cormaission PROM: Jeanne A. Mabusth, :wilding 6 Zoning Administrator DATE: June 13, 1985 SUBJECT: #915 Roland C. Amundson, 3135 Casco Circle - After -the -Fact Conditional Use Permit and Variance Zoning District - LR-lC Area - 18,000 sf Application - After -the -fact Conditional Use Permit and Variance required for major alteration of non -conforming structure, removal of trees greater than 6 inches in diameter within the 75' setback area. Pertinent Ordinances: 1. Section 10.03, Subdivision 5(H) major structural repair of non -conforming structure 2. Section 10.22, Subdivision 3- tree removal regulations within the 75' of lakeshore List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Landscape Plan Photos will be available for review Review of Application On March 13, 1985, staff inspected the lakeshore of the subject property. Staff observed the following violations: 1. Approximately 90 percent of the shoreline bank had been cleared of trees and brush--8 to 10 were over 6 inches in diameter. The applicant had advised they were all dead. The inspector had observed in a later inspection that some of the trees removed appeared to be alive -- photos were: taken of the trees for review at our meeting. The applicant was asked to submit an expert opinion as to the c.nndition of the trees at removal (landscape architect, forester, etc.) #915 Roland Amundson Page 2 June 13, 1985 2. Th! ba,.'- began to erode with the early spring rains after the trees and brush were removed. The applicant complied with all staff's requests for specific erosion control steps. Photos were taken of the banks in early spring for your review. The banks have restored themselves with the natural ground allowed to return-- photes taken June 13, 1985 will confirm restorati;)r. The applicant was asked to submit a landscape plan showing replacement of trees, planting of shrubs and safe access to lakeshore. Applicant was specifically asked to show how access stairs would tie into the old boat house foundation and, if permitted, new deck. The landscape plan i,as been submitted for your review --see Exhibit D. 3. A non -conforming structure or boat house located 4-5 feet off the shore had been dismantled except for thre, sides of the foundation walls. The remaining foundation provides much needed star'lityfor the bank. The applicant was in the process of constructing a deck within the foundation walls. He was asked to stop all construction of the deck and it remains as it was on March 13th--photos were taken July 13, 1985 for confirmation. The applicant will replace the mature trees removed last spring. Planning Commission should advise if they still want the applicant to submit proof from his landscape contractor confirming that trees were diseased or dead. The plantings noted on the schedule are all acceptable and will provide the necessary erosion control on the very steep bank. The steps and landing areas must be trimmed back to maximum allowed width of 4 :eet. Erosion control must be provided when the plants and trees are installed this season. There is no panic or emergency or need to require immediate planting because the banks have restored themselves. The real issue now is the remaining boat house struct ire. To remove the foundation would create major problems for this very steep bank. To fill over the skeleton of the foundation is not feasible given the steep bank and the closeness of the structure to the water. The applicant wishes to improve the look of his lakeshore but most important to provide safe access down the steep bank. Staff suggests that as a compromise the City allow the 12' x 16' foundation to be used as apart of the structure that provides access to lake. If the deck platform remains, a 36 inch railing must be provided around all open sides. The 4' wide access stairs must be structurally tied into the platform/foundation. Thc, visual impact from the lakeshore would be minimized with the reduced structure ano the proposed plantings. #915 Roland Amundson Page 3 June 13, 1985 Staff Recomendation To approve the after -the -fact conditional use permit and variance application of Roland C. Amundson finding the a^plication as amended to be in keeping with the intent of the E-tandards of the zoning code that govern all lakeshore use. This approval is subject to the following conditions: 1. Access stairs as proposed on landscape plan by Otten Brothers Nursery & Landscaping, Inc. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the foundation --stairs are to be structurally tied into platform/foundation) Stairs must meet 4' maximum width --not 6' as shown. 2. Applicant's landscape contractor must have all plans for erosion control approved by staff prior to plantings. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a building permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve and permit all rip rap proposed along shoreline. MINUTES OF THE ORONO PLANNING COMMISSION MEETING FIELD JUNE 17, 1985. PACE #876 ASPLUND Sime made a motion but motion died for lack of second (Cont.) Rovegno moved, Goetten seconded, to recommend approval of hardcover variar.^es for 3424 Eastlake Street subject to the following: 1. Perforate or replace all the plastic beds 2. Any construction on the lakeside either with i screen porch or p-*io should be traded off and to be equal with proposal with hardcover on the lake side of th(! house. 3. Driveway turnaround apron is not a necessity and is tc be removed to reduce overall hardcover 18' x 161. Motion, Ayes (5), Nays (2). Members Callahan and Kelley voted nay and both felt that the hardcover should not be permitted. Chairman Callahan stated that 3444 Eastlake Street should be addressed. Callahan noted that Council has ordered the applicant to remove the patio and now the applicant wishes to construct a "floating deck". Planning Commission asked for the hardcover calculations and a sketch showing where the applicant wishes to place the floating deck Ftructure. Kelley moved, Sime seconded, to tab' the application for 3444 Eastlake Street pending receipt of hardcover calculations from the applicant and staff. Motion, Ayes (7), Nays (0). #915 ROLAND AMUNDSON 3135 CASCO CIRCLE AFTER THE FACT VARIANCE i CONDITIONAL USE PUBLIC BEARING 8:29-8:47 PM Chairman Callahan called for the public hearing at 8:29 p.m. concerning the after the fact variance and conditional use permit application of Roland Amundson. Zoning Adminis- trator Mabusth noted the certificate of mailing and the affidavit of publication. Roland Amundson was present. Mary Butler of 3145 Casco Circle was present .rom the audience for this application. Zoning Administrator Mabusth stated that the applicant had rearranged 90 percent of the shoreline bank. Mabusth stated that such rearrangement had included the removal of mature trees, and addition or repairstoa non -conforming boathouse structure. Mabusth stated that the applicant claims that the trees were dead at the time of the removal. Mabusth stated that staff has asked that the applicant submit documentation whether the trees were dead or alive. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNL 17, 1985. PAGE N915 AMUNDSON Roland Amundson stated that when he bought the property it (Cont.) contained the existing boathouse. Amundson noted the s..eep slope of his lakeshore lot and noted the boathouse actually holds up the steep bank. Zoning Administrator Mabusth submitted pictures to the Planning Commission illustrating the lakeshore yard after the mature trees were removed. Mabusth also submitted pictures showing the boathouse and the steep slope. Mabusth noted the problem with the boathouse is that it is a non- conforming structure and the applicant has made repairs or additions to the structure within the 0-75' setback area. Mabusth stated that staff would recommend that the access stairs and landing be moved to tie in with the platform/foundation of the boathouse. Roland Amundson gave the Planning Commission the history of the property. Amundson stated that there is a very steep slope on the property leading down to the lakeshore. Amundson stated that after he bought the home he began the clean up of the lot. Amundson stated that he has a petition signed by all neighbors except one in favor of his proposal. Amundson agreed tostaffIs recommendation to reduce the size of the stairs from 6' to 41. Kelley asked the applicant if the mature trees were dead when he cut them down. Amundson stated that the trees that were removed were diseased and dL: d. Amundson stated that one tree had fallen into the crotch of another tree which appeared to be alive but was not. Amundson introduced Stephen Cahoon, the man who cut down the trees, to verify his statement regarding the trees. Stephen Cahoon stated that he was the person who removed the trees and concurred with Amundson that the trees were either dead or diseased. Cahoon noted that some of the trees that had fallen into one another were actually dangerous. Mary Butler of 3145 Casco Circle stated that from her view the trees appeared to be alive f rom her home but that the trees are gone and nothing can bring back thF mature trees. Butler noted that she has :-eviewed the proposal of Amundson and has nr problems with t2he proposal. Butler noted that the &E)1 licant has imp.oved the property considerably by removing the debris. Butler :stated that she would prefer the applicant just leave the lakeshore yard as is (since the bank has restored itself with day lilies) rather than continue with the proposed landscaping plan. Butler noted her concern with the bank eroding and possibly affecting her lakeshore bank as well. Chairman Callahan closed the public hearing at 8:47 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 6 #915 AMUNDSON Goetten moved, Kelley secc,nded , to recommend approval of the (Cont.) after -the -fact conditional use permit and variance application of Roland F.mundson finding the application as amended to be in keeping with the intent of the standards of the zoning code that govern all lakeshore ase. This approval is subject to the fallowing: 1. Access stai.-s as proposed on landscape plan by Otten Brothers Nursery and Landscaping, Inc:. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the foundation--stairsare to be structurally tied into platform/foundation). Stairs must meet 4' maximum width --not 6' as shown. 2. Applicant's landscape contractor must have all plans for erosion control approved by staff prior to plantings. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a building permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve and permit all rip rap proposed along shoreline. Motion, Ayes (7), Nays (0). #917 TIPTON CORPORATION 1290 LYMAN AVENUE AKENDED VARIANCE APPLICATION Mike Sjecklocha was present. Tracy Whitehead of 1220 Lyman Avenue and Elroy Nerness of 1275 Lyman Avenue were present from the aidience for this application. Mike Sjecklocha reviewed the changes in the plans. Sjecklocha noted that he has scaled down the house in order to meet the septic setback standards f rom the home. Sjecklocha stated that it ha;; been reduced to a three bed, nom home and therefore meets all primary and alternate septic system standards. Sjecklocha stated that he also revised the plans to alleviate the view problems that the neighbors felt would happen with the other proposal. Sjecklocha stated that with regard to acquiring additional property he has not reached an agreement with the Whiteheads and probably never will. Tracy Whitehead of 1220 Lyman Avenue stated that the applicant never tried to acquire additional property from them. Whitehead asked .f the variance granted to this property would affect any future development plans of theirs with access to Lyman Avenue. Whitehead stated that with the ,optic system planned : o close to a potential private road site it could create problems for them. ZONING FILE NO. 915 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/27/85 ---------------------------------------------------------------------- TO: Roland C. Amundson COPIES TO: 1350 Dain Tower Minneapolis, MN 55402 ---------------------------------------------------------------------- TYPE OF APPLICATION: X' Conditional Use Permit X.. Variance ---------------------------------------------------------------------- Date of Meeting: 6/17/85 Vote: 7 For Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Access stairs as proposed on landscape plan by Otten Brothers Nursery & Landscaping, Inc. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the found- ation - stairs are to be structurally tied into platform/foundation). Stairs must meet 4' maximum width - not 6' as shown. 2. Applicant's landscape contractor must ha ,e all plans for erosion control approved by staff prior to plantings. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a building permit for contruc-ion of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve and permit all rip rap proposed along shoreline. ----------------------------•----------------------------------------- Applicant's next scheduled meeting is confirmed as: Council July 8, 1985 If the applicant has trouble obtaining additional information, please contact the 'Zoning Department (473-7357;. If you desire certified copies of the official Planning Commission minutes, they are available from -;he City Recorder after review and approval by the Planning Comm.issior. 510 N014TH CENTRAL LIFE TOWER 445 MINNE-SOTA STREET ST PAUL,MINNESOTA 55101 (612) 227 - 8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER,MINNESOTA 55903 (507 1 28E - 3158 312 FIRST NATIONAL BANK BUILDING WAYZATA. MINNEiCTA !-5391 '.6121 475 - C 173 HORSEY 8 WHITNEY A Partnership Including Pro1le551onAl Corporabons 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 - 2600 TELEX 29 - 06M TELECOPIER: (6421340-2868 JOHN J. TAYLOR 16'2� 340-2609 June 28, 1Q85 Ms. Jeanne A. Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Mabusth: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (40451727-3632 SUITE 675 NORTH 1800 M STREET N W. WASHINGTON, D C 20038 (202) 955 - 1065 30 RL. LA BOETIE 75008 PARIS. FRANCE On 331 562 32 50 JU CITY OF Q�sJNC) Enclosed for your review are materials relating to the ohaver Corporation of Wayzata request for a building permit, including dockage rights on Lake Minnetonka. Note that the sketch survey, which is Exhibit 3 in these materials is a recent survey done on June 26, 1985 so that the current situation is shown. If you have any questions or if you would like me to have additional copies of these materials sent to your City Attorney, please do not hesitate to call. JJT/ms Enclosures cc: Mr. H. H. Tearse, Jr Very truly yours, rl TO: City Council FROM: Jeanne A. Mabusth, Building & -oning Administrator DATE: July 2, 1985 SUBJECT: #915 Roland C. Amundson, 3135 Casco Ci rcle - Af ter -the -Fact Conditional Use Permit and Variance Zoning District - LR-lC Area - 18,000 sf Application - After -the -fact Conditional Use Permit and Variance rea-ired for major alte.ation of non -conforming structure. Pertinent Ordinance: 1. Section 10.03, Subdivision 5(H) major structural repair of non -conforming structure List of Exhibits Exhibit A - Application Exhibit B - Property Owners :.ist Exhibit C - Plat Map Exhibit D - Neighbors written approval Exhibit E - Landscape Plan Photos will be available for review Review of Application On March 13, 1985, staff inspected the lakeshore of the subject property. Staff observed the following violations: 1. Approximately 90 percent cf the shoreline bank had been cleared of trees and brush--8 to 10 were over 6 inches in diameter. The applicant had advised they were all dead. The inspector had observed ii, a later inspection that some of the trees removed appeared to be alive--phot.os were taken of the trees for review at our meeting. The applicant was asked to submit on expert opinion as to the condition of the trees at removal (landscape architect, forester, etc.) Planning Commission did not feel this was necessary as the trees are gone. It is more important to deal with restoration and conservation issue. #915 Roland Amundson Page 2 July 2, 1985 2. The bank began to erode with the early spring rains after the trees and brush were removed. The applicant complied with all staff's requests for specific erosion control steps. Photos were taken of the banks in early spring foi your review. The banks have restored themselves with the natural ground allowed to return--photes taken June 13, 1985 will confirm restoration. The applicant was asked to submit a landscape plan showing replacement of trees, planting of shrubs and safe access to lakeshore. Applicant was specifically, dsked to show how access stairs would tie into the old :-)at house foundation and, if permitted, new deck. The landscape plan has been submitted for your review --see Exhibit D. 3. A non -conforming structure ur boat house located 4-5 feet off the shore had been dismantled except For three sides of the foundation walls. The remaining foundation provides much needed stability for the bark. The applicant was in the process of constructing a deck within the foundation Malls. He was asked to stop al onstruction of the deck and t remains as it was on March 13tn--photos were taken July 13, 1985 for confirmation. The applicant will replace the mature trees removed last spring The plantings noted on the schedule are all acceptable and wi li provide the, necessary erosion control on the very steep bank. The: steps and landing areas must be trimmed back to maximum allowed width of 4 feet. Erosion control must be provided when the plants and trees are installed at sometime in the future. There is no panic or emergency or reed to require immediate planting because the banks have restored themselves. The real issue now is the remaining boat house structure. To remove the foundation would create major problems for this very steep bank. To fill over the skeleton of the foundation is not feasible given the steep bank and the closeness of the structure to the water. The applicant wishes to improve the look of his lakeshore but most important to provide safe access down the steep bank. Staff had suggested at the Planning Commission meeting that as a compromise the City allow the 12' x 16' foundation to be used ar a part of the structure that provides access to lake. If the deck platform remains, a 36 inch rai ling must be provided around all open sides. The 4' wide access stairs must be structurally tied into the platform/foundation. The visual impact from the lakeshore would be minimized with ,.he reduced structure and the proposed plantings. #915 Roland Amundson Page 3 July 2, 1985 Planning Comission Kecos ndation To approve the after -the -fact conditional use permit and variance application of Roland C. Amundson finding the application as amended to be in keeping with the intent of the standards o- the zoning code that govern all lakeshore use. This approval is subject to the following conditions: 1. Access stairs as proposed on landscape plan by Otten Brothers Nursery & Landscaping, Inc. dated April 24, 1985 must be built a,� wie unit with existing foundation (move landing and stairs over thefoundation--stairsare to be structurally tied into platform/foundation) Stairs must meet 4' maximum width -- not 6' as shown. 2. Applicant's landscape contractor must have all plans for erosion control approved by staff prior to installation of plantings along lakeshore bank. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a building permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve and permit ail rip rap proposed along shoreline. The attached resolution has been drafted based on the Planning Commission recommendation. Please note the resolution deals only with the conditional use permit and not the variance (Section 10.03, Subdivision 5 (H) phase of the application because the property is torrens and the Registrar of Titles would not accept a variance resolution for filing. City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1789 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBD 5 - FILE NO. 915 WHEREAS, Roland C.Amundson (hereinafter"the applicant") is the owner of the property located at 3135 Casco Circle located within the City of Orono (hereinafter "the City") and legally described as follows: Lot 41 and commencing on Northwesterly line of Lot 64 at a point 30 feet Northwesterly from the most Easterly corner of said le' - thence Southwesterly to the most Northerly corner of Lot 40 thence Northwesterly %o the most Northerly corner of Lot 41 thence Northeasterly in the line between Lots 41 and 42 extended to a point in a line parallel with and 20 feet Southeasterly at right angles from the Northwesterly line of said lot 64 thence Northeasterly on said parallel line to the Northeasterly line of said Lot 64 thence Southeasterly to beginning including vacated street Lots 41 and 64 (hereinafter "property"), and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the major alteration of an old boathouse, a non conforming structure, in order to provide an access stairs and landing area on the steep lakeshore bank of the property per Municipal Zoning Code Section 10.03, Subdivision 5 W . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Findings 1. The application was reviewed as Zoning File No. 915. 2. The property is le—:ited in the LR-IC Lakeshore Residential Zoning District. 3. On June 17, 1985, Lhe Orono Planning Commission reviewed the application as piopos(-d ��nd recommended approval, finding that the application as amended would be in keeping with the intent of Section 10.03, Subdivision 5 of the zoning code and with the intent of the standards of that same code that governs all lakeshore use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, imports by staff and comments of the applicant and the effect of the altered :structure on the health, safety and welfare of the community. Page I ( f •a City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1789 5. The City Council finds that granting a Conditional Use Permit to allow 0e alteration of an old boat house structure to provide an access stairs and landing area on a steep lakeshore bank will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the alteration of the non conforming structure as amended by the Planning Commission of the property will be in keeping with the intent and objectives of the Zcning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 5 (H) to permit the major alteration of a non conforming lakeshore structure, subject to the following conditions: 1. The remaining boat house structure must be altered per the follov ng Council directives: A) Move landing and stairs over the foundation. B) Stairs and landing areas not to exceed four feet in width. C) Stairs are to be structurally tied into existing foundation. D) Final structure must meet all standards of the Uniform Building Code. 2. Owner or owner's contractor must obtain a building permit for construction of access stairs; completion of platform deck and dock. 3. Department of Natural Resources (DNR) and MinnnhahA Creek Watershed District (MCWD) must approve and pern it all rip rap proposed along shoreline. 4. Owner or owner's contractor must have all plans for erosion control approved by City staff prior to the installa*ion of plantings along lakeshore hank. Page 2 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1789 5. Violation of or non-compliance with any of t:ie terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chair, of title of the property. Adopted by the Orono City Council on this 8th day of July, 1986. ATTI ST: i of M allin, it, Clerk Property Owner(s) Mary C. er, Mayor Spouse P'lgc 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1769 STATE OF' MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �4A- day of Juice_1 1985 before me a Notary PW l i_c^-,-within and for said county, personally n appeared RgzA-tvC. /�g:p5c Aj known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. N ��- PG ' p �AOo 11 ram' si tC,IwN�I 1dY GOm STATE OF MINNESOTA '1 )ss. COUNTY OF HENINEPIN ) NOTARY PUBLIC .Ja f //, /98 7 MY C014MISS ON EXPIRES On this day of , 1985, before me a Notary Public within and for said County, personally appeared known tv me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COI.MISSION EXPIFCS MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 8, 1985. PAGE 3 At this point, Mr. Wheeler refer. to his second letter to the Council dated July 8, 1985 (copy of letter attached to these minutes) requesting the Council address the issues of Mr. Carl's storage shed, his 10 foot setback requirement, a vehicle being parked on the gravel in between prope*-` ies, and Mr. Johnson's woodpile harboring rodents. Mayor Butler advised Mr. Wheeler that the issue of hardc(-.)ver is on the agenda to be discussed later in the meeti-:g to try and come up with some new and innovative ways to solve the problems. Councilmf•mber Tim Adams felt that the City must run with its current laws and ordinances until the issue has been stur'ied and improved. Councilmember Frahm stated that he felt any type of gravel used as a driveway is hardcover. At this time, Mr. Wheeler concluded his public comments. City Administrator Bernhardson updated the Council on the status of Mr. Wheeler's concerns regarding Mr. Carl and Mr. Johnson and they are being pursued. He stated a report will be prepared for the next Council meeting. ZLAND C. AMUNDSON CASCO CIRCLE VARIANCE,/COND. USE PERMIT RESOLUTION #1789 Roland C. Amundson and Steve Cahoon of 3135 Casco Circle were present. City Administrator Bernhardson reported on the applicant's request for an After the Fact Variance/Conditional Use Permit regarding the major alteration to a non -conforming structure in the 0-75' lakeshore setback together with steps as an addition. to access the construction of a deck in a foundation of a boat house that existed there a number of years ago. Zoning Administrator Mabusth submitted photos for the Council to review indicating the disturbance taking place on the lakeshore and the non -conforming structure (boat house). Mabusth explained that applicant attempted to replace the old floor in the old boat house structure to function as a decking area, in addition, trees were removed from the area within the setback. Mr. Amundson reviewed the work he had been doing and that since he learned that he needed a Variance and a Conditional Use Permit he has fully cooperated. He appeared before the Planning Commission presented a list of neighbors (within 350 feet of each side) not objecting to the project. He ..,ated his intent was only to replace a rotted f loor of the old . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1985. PACT 4 boat house to maintain the boat house so no further damage is done. Zoning Administrator Mabusth stated that the structure actually supports the lakeshore bank and major problems would result if it were removed. Mabusth indicated that the Resolution would be amended to reflect that any type of improvement to the landscape would require prior approval. Planning Commission Representative Rovegno reviewed the recommendations made by the Planning Commission to approve the variance/conditional use. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve the amended Resolution #1789. Motion, Ayes (3), Nays (2). Councilmen Grabek and Frahm voted Nay. 1925 RICHARD HENNESSY 4670 TONKAVIEW LANE VARIANCE RESOLUTION #1790 Mr. Richard Hennessy was present. City Adm� ,trator Bernhardson explained the variance applicatic of Mr. Hennessy to allow installation of a septic system rather than connection to municipal sewer located approximately 540' east across neighboring properties with severe topography problems. Assistant Zoning Administrator Gaff ron reviewed the history of the subdivision into approximately 13 one acre lots and the problems and hardship the applicant would have to connect to sewer. City Engineer Cook explained the feasabilicy of connecting sewer to that property. City Administrator Bernhardson stated that he felt in the future, that other properties may not be able to be developed with a septic system. And that when sewer is brought in it should be connected to all lots, not just a portion of those lots. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to approve Resolution #1-90 as stated cjranting the variance. Motion, Ayes (5), :days (0). #926 JUDSON DAYTON* 1655 13OHN'S POINT RD. CONDITIONAL USE PERMIT RESOLUTION #1791 Mr. Judson M. Dayton was present. LONING FILE NO. 915 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 7/9/85 ----------------------------------------------------------------- TO: Roland C. Amundson COPIES TO: 1350 Dain Towner Minneapolis, MN 55402 TYPE OF APPLICATION: XXX Conditional Use Permit ------------------------------------------------------------- Date of Meeting: 7/8/85 Vote: 3 For 2 Against COUNCIL ACTION - NOTION: To approve subject to the findings and conditions setforth in the enclosed amended resolution per Council's directive of the meeting of 7/8/85. If you desire copies of the official Council minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. TO: Finance Department FROM: Building and Zoning Department DATE: 2:I SUBJECT: Refund of Zoning Sign Deposit, Application N �J Please refund the $40 sign deposit for the above -referenced application. The sign has been returned in good condition. Original receipt no. _7`� Dated (O -A) Please mail check to: Name Address /�.sZ' `& ':-he sign was damaged when returned. Please refund only the amount listed: $ Signature D-te i J Building and Zoning Department LM POPHAI/i, HAIK, SCHNOBRICH, KAUFMAN & DOTY, 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPNONr AN.. 'ELECOP1rP 612-333-4600 WAYNE G POPHAM CL'FI1)"' M 1,,REENE 10'4N " !'H'L,nS ROGCR W SCHNOBRICH D WI,LIAM KAUFMAN DOUGLAS P SEATON DENVER KALJr MAN MICHAEL O FREEMAN THr)-AS E. SANNER DAVID S. DOT' THOMAS C DAOUILA BRUCE B. McPHEETER9 ROBEPT A. MINISH LARRY O. ESPEL GAHY D. BLACKFORD ROLFC A- WORDEN JANIE S MAYERON SCOTT E RICHTER G. MARC WHITEHEAD THOMAS J BARRETT GPEGORY L WILMES BRUCE D WILLIS JAMES A PAYNE ELIZABETH A. THOMPSON Fp EDERICK S RICHARDS DAVID A JONES KEITH ... HALLELAND G. ROBERT JOHNSON LEE E SHEEHY MARK B. PETERSON GARY R. MACOMBER LES.IE GILLETTE TIMOTHY W. KUCK ROBERT S BURK MICHAEL T NILAN JULIE A SWEIT2ER HUGH V. PLLNKETT, III ROBERT H LYNN THOMAS C. MIELENHAUSEN FREDERICK ': BROWN ROBERT C MOILANEN KATHLEIiN A BLAT2 THO•IAS K BERG STEVEN G HEIKENS MICHAEL D CHRISTENSON BRUC.L D MALKERSUN THOMAS F NELSON J MICHAEL SCNWART. JAMES R. SrCILEN THOMAS J RADIO L.RAYE M OSB IHNL JAMES B. LOCKHART DAVID L HASHMALL OF COUNSEL ALLEN W HINDERAKER KATHLEEN M MARTIN FRED L. MORRI'�01+ August 7, 1985 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Variances and Conditional Use Permits Dear Mike: r@�`' AW - 8 10 U 124' AMHL.yT TOWER 34S ST PETER STREET SAINT PAUL. MINNE50TA 55102 TELEPHONE 612-333-4B7B 2060 PETEO LEWIS 10WER 717 SEVENTEENTH STREET DENVER,COLORADO e7202 -ELEP.IONE AND -r LECOP1rP 303-292-2660 SUITE 300 SOUTH ISOC M STREET, N W. WASMINGTO.+, O. C. 20036 TELEPHONE 202 628-5300 TELECOPIER 2r`L- 620-S316 I am enclosing the two resolutions you and I discussed on Tuesday, August 6. Resolution #1740 (Hennessy) is a variance for property which is regi;;tered with the County Regisrrezr of Titles. The Registrar does not accept variances, so I canno! f�j- ;,. — Resolution #1789 (Amundson) does not have a comn'Pte legal description. There is no mention of an addition name or Se^tion, T-� ,ship and Range numbers. Please check your records and correct t legal description on the resolution. I will then be able t^ file the resolution in either abstract or torrens property, because it is a conditional use permit - a document acceptable �o both offices for filing. i am also enclosing original, recorded documents as listed, for your files: 1 . Mike Gaffron AVgust 7, 1985 Pagel NEH/sic Enclosure 6568f Resolution #1755 (Crosby) Document #5004236 Deed - Brown to Orono (Cram) Document #5003340 Resolution #1767 (Schoen) Document #5016006 VerX truly yours, N ncy Husnik