Loading...
HomeMy WebLinkAboutProject PacketCase No. VILLAGE 01" ORONO Land Ilse Application Street Location of Property: Foe Irate Legal Description of Property: Lots 42, 43, 44 and part of 45 and 64 of Spring Park Owner:_Ry hostlev 4521 Colfax Avenue So. Mpls., Minn. �amc ) (Ad d ress io:le Type of Request: Y P.ezoning Conditional 11sc Permit x Variance Other Subdivision Annroval Oes t'1ption oAXequg4�r' Sao Attached Letter Please draw or attach a sketch rf proposed structure shoi,in!! Vic following: 1. Indicate North 6. Dimensions of proposed structure 2. Location on Lot 7. Pronosed setbacks 3. Adjacent Street Names R. Zoninp in force .in this area 4. Location setback and use of a(Ijacent existing boil(►in- S. Distances between any proposed structures and structures on adjacent property Exhibit Submitted: 'lap or plat showing► the property affected Wild all lane►s within 100' of the boundaries or tiie property affected by proposed change. (S copies) Abstractors or attorneys certification listing► the naves and iddress of the owners of the land within 300' of the bmindiries of the nronerty requesting the chann,e or rezoning as those names anpear on the records of the County Auditor of Hennepin County. Petition silowirin 50% of nroperty miners within 300' favoring rezoning or variance, 0 owin To -5c i e (I in by -ViTripo i Ohronolog;y Date B Inspection Dept. Administrator i 1 ingineer I;ounc 'lannin Comm. ouncil Plicant Ficd j Recomneudations: For 0 c a se 09 Village of Orono Name Zoning Variance Application Case No. Directions to Applicant: a. Fill out this form in duplicate by typing or printing in ink. It the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary materi%l by paper clip. c. File duplicate applications and filing fee (� ) with Zoning Administrator. Byrns T. s le Rome or owner: s(First) ddle GHOSTLEY, SYR NE J. Aadreas of Owner: o. add street) y and Zone)hone 4521 Colfax Avenue South, Minneapolis, Minaesota 55409 825-8290 3. SEreet Address of Property Involved: +3133 C-isco Circk Legal DescripEion of Property Involved: HE!_� 5. Does this property border on or lie partially within an adjoining municipality? No Present Use: Vacant resent on ng s re s ide nt ial Be: single family resident Date Property Acquired. approx . 1967 Variance is requested front the following sbetions of the Zoning Ordinance: Section 34.343 11. What are the requirements of the ordinance sections listed n Item 10? 12. State exactly Wat is intended o be done on o7with the property which does not conform with existing regulations: build a single family residerCeon said property 13. Has an application for zoning variance on the same property been acted upon by the Village Council within the last six months? If so, state the date of the Vi11_a.Ge Council's action. N NOTE:e law requires that the conditions set forth in the following three items 14, 15, and 16 MUST be established befo.oe a variance can be granted. Expla n in detail after each statement wherein your case conforms to the requirements. virricuities or Hardship to Owner. Strict application of the provisions of the Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoy*ent of a substantial property right of the appli- :;4&nt and to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. This property had been divided. During the registration proceeding the two parcels were combined. This is a request for lot division and variance that Is comparable to the prior division. Exceptional Conditions or the Lot: Mere are special condi- tions narrowness, s allowneas or shape of a lot, exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot) applying to the structures or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. This lot Is a comparable building lot to others In the Immediate area. brrect on Neignoornoog and com renensive Plan: Granting the variance will not impair an adequate supply of light and al. - to adjacent property, unreasonably increase the congeatian. in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surroundings area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. Any home built here will be comparable In size , value and setting to the other homes in the area. NOTE: e following material must be attached to this application. 17. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. (_copies) 18. An abstractors certified property certificate listing the names and addresses of the owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. ACXn0W,j0G9GMent anti bi nature: me unaersignea hereby repre- sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of Minnesota. BYRNE J. GHOSTLEY --- By: !� Date dPI Signature /a�s van Valkenburg, ney and agent or Official omments Only: I ,at part of the following described property lying Westerly of a line drawn parallel with and 100 feet Westerly of the Easterly line of Lot 42 and Its exten- sions thereof: Tots 42, 43 and 44; That part of Lot 45 lying East of a line drawn p'auallcl wltt; and 75 feet West, measured at right angles from the East line of Lot 44; That part of Lot 64 described as beginning 3t the most Northerly corner of Lot 64; thence Southwesterly to the most Westerly corner of Lot 64; thence East along the South line of Lot 64 to the Northeast corner of Lot 42 ; thence Northerly a distance of 51.35 feet, more or less to a point which is on a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and distant 4.00 feat Southwesterly along said parallel line from Its Intersection with the extension North of the East line of Lot 42; thence Northeasterly along said parallel line and its exten- sion, a distance of 68.94 feet, more or less, to the Northeasterly line of Lot 64; thence Northwesterly to the point of beginning; That part of vacated Lake Shore Avenue and that part of the tract of land between said avenue and the shore of bake Minnetonka, all described as beginning at the Southeast corner of Lot 42; thence West along the South line of Lots 42, 43, 44 and 45 to an Intersection with a line drawn parallel with and 75 feet West, measured at right angles from the East line of Lot 44; thence South along the extension of said parallel line to the shore of Lake Minnetonka; thence East along said shore to Its Intersection with the extension South of the East line of Lot 42; thence North to the point of beginning, all In Spring Park. Subject to utility easements in favor of the Village of Orono as described In Instruments in Book 2563 of Deeds at page 11 and 13, and further subject to an easement for driveway purposes over the Northwesterly 20 feet of the above described property as indicated in Book 2172 of Deeds at page 2 94 . TOge... I with -n �^:.:i.^.fiii::t for -, voway pu�rpo:;es over Tic fGiiV'rviity d65GrI d tract: That part of the Northwesterly 20 feet of Lot 64 lying Easterly of a line parallel with and 100 feet West of the Northerly extension of the East line of Lot 42 and over the West 96 feet of that part of the Southeasterly 8 feet of the Northwesterly 28 feet of Lot 64 lying East of a line parallel with and 100 feet West of the Northerly extension of the East line of Lot 42; all In Spring Park. Which easement is also for the benefit of the owners and occupants of the above described property. 44� r. I e I e- I ^ 441 -d f511-1/ Village of Orono Application for Variance from Wetlands Ordinance Directions to Applicant: F'or Official use Only Name , 4i Ca V, a. Prepare four copies of this form by typing or printi:ig in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip. c. File four copies with Village Clerk. S411 10"i4N UENNI-s 1. Name of Owner: (Last) (First) (Middle) 3131 eiRct/e- �U,�y�.� i�ti V-7 / - d Yyl 2. Address of Owner: Phone 3. Street address of property involved or, if none exists, description of location. 4 Legal description of property ir.•rolved. 5. Zoning District- G. Description of topography including elevation as indicated on Geological Survey Maps referred to in Section 31.820 of Ordinance No. 125, description of type of soil and vegetation and area and depth of standing water on property. /0Rivart des C1�eN� �- n.J 1 a4&r siioee_ aiW� eroo��+9 �Gc e- cu,e- '4 0-Ti o A/i 7. Describe proposed development of protected area. .eP4,,, - ;pric,/ e T/, de,o /PfJrO 3/'i1'/d(!, ,011 * ',"6 /oZ .olwed •ir lfv&_ o i , , 44oke sloes -2- 8. Describe the construction techniques and equipment to be used in proposed development. 'r s / A_) C1, A E 1r V w he �reo /�tJ 71 �evcj Ova ii4- / C G Al 7 �"�,�v S/iel� ,jA.",. t 4 / I976 9. Lxpected starting date for proposed development. 10. Describe the extraordinary circumstances and how the public interest will be furthered if the permit is granted. See, CWz 11. Continent- specifically on whether the prorrised development wil result in any of the conditions listed in Section 31.830(b) of Ordinance 125 and state what steps applicant will take to alleviate such results. A/oT AfPllCA4lQ- NOTE: The following material must be attached to each copy of this application: 12. Surveys of affected property with elevations. 13. Site -glans. See, "c#E-h 14. Other information requested by Village Council. P"1701110VA 15. Acknowledgement and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of Minnesota. 1 , Date Signature For official Comments Only: -5- rat y so ' r �P �� Y Iss 64 .� Jr. i0 s 157 N ►•170. ST �IS4 171 0 �� Iyo• ti 4a \ N fir• 60 O \ 'so � •' 62 r t c L�� v 33 46 34 JM ' 35 .. 1 44 J3 42 41 O 59 36 37 36j01- •�f . ♦S . 1 40 S' KE. _ . �'aca•ed r . VAN VALKENBURG, COMAFORD, MOSS, FASSETT, FLAHERTY & ARKSON A PROFESSIONAL ASSOCIATION RALPM H. CO -Opp LAW OFFICES PATRICK I. FLAHERT♦ MOPACE VAN VALMENDURG MICMAEL L.FLANAGAN L.GLENN FA55ETT 2 J 5 0 I D S C E N T E R WATNE A. MERGOTT VERNE W. MOSS. JR. JAMES C.ODRIEN J.•RAINERD CLARn90N MINNEAPOLIS, MINNESOTA 65402 RICMARG 0.21EOLER DAMES VAN VALMENDURG (4512) 339-8551 EGWARG L.WINER GAVID W. LEWIS OANIEL O. PLAUOA PAUL VAN VALMENDURG CMARLES A. PARSONS,JR. August 15, 1973 Mr. Dexter Marsden Box 66 Crystal Bay, Minnesota 55323 Dear Mr. Marsden; I talked with you on August 14th In connection with the property at Casco Point. I am enclosing a copy of that survey, and also a copy of my letter to Twin City Federal which attempts to explain the same. As you observe, the parcels owned by us are on Lot 42, 43, 44 and a part of Lot 45. There Is a width there of 195 feet. I understand that your requirements are that the property must have 100 feet in width or a half acre, and failing either of these, a variance or your ap,—voval w1L be required. As I Indicated to you, the Easterly line here is In excess of 300 feet and the Westerly line is approximately 270 feet. I would e.ppreciate getting from you the necessary approval, and if there are any questions or any other procedures that you require, please advise me of the same. /"me y, n Valkenb TW:id Encl. VAN VALKENBURG. COMAFORD, MOSS, FASSETT, FLAHERTY 6 CLARKSON A PRCFESSIONAL ASSOCIATION RALPM M. COMAIORO LAW OFFICES P AT RiCA I. •LA.+C RTY .. H.I. VAN VALnt N.VMU WC. AEL L.FLANAGAN L.OLENN fASSLTT 2 J 5 0 IUS CENT E E4 WATNC A. MERGOTI VERNE W. MOSS. JR_ JAME9 E.OePie'N J. DRA1NER0 CLARASON MINNEAPOLIS, MINNESOTA 55402 RICI.ARD S 21EG—P JAMEP I ... I VALAENEfURO 16121 399-8951 EOWARO L %—rR OAV10 W Wig OANiE.I O �•L •./UA PAUL VAN VALKI Npi1Ry C.-.,ES A I A ,.. NS. JR August 15, 1973 Mr. Joseph Madden Twin City Federal Savings and Loan Association 8th and Marquette Minneapolis, Minnesota 55402 RE; Ghostley - Sullivan Casco Point Dear Mr. Madden: I talked with Luverne Morgan In your office and indicated that I would deliver to you the requisite Information to proceed on this. First, I should advise that we are referring to Certificate of Title #459721, recorded in Volume 1523. This indicates the title In the name of Byrne J. Ghost'ey, and of course he has signed the Purchase Agreement. Miss Morgan Indicated that she would be ordering the Registered Abstract to be charged to our office. Next find a survey of a part of the Easterly line of our property which indicates the encroachment by a frame garage owned by the owner of Lot 41. In the registration proceeding this encroach- ment became apparent. The result was that we conveyed the part that Is referred to as Parcel 2 and received the Parcel I. Thus the parcel 2 is not really an encroachment on the subject property. Turning now to the larger survey you will observe that the house is on Lot 42 and a part of Lot 43. It is our intention to convey Mr. Joseph Madden -2- August 15, 1973 100 feet, which would be 60 feet on Lot 42 and 40 feet of Lot 43. I have gone over this with the surveyor and the Registrar of Titles office and have agreed on the following description. "All that part of the following described tract lying easterly of a line drawn parallel with and 100 feet West of the Easterly line of Lot 42 and Its extensions thereof: "Said tract then would be described as shown on the survey, namely Lots 42, 43, 44 and that part cf Lot 45, etc . There will be, according to the Purchase Agreement, some type of an easement running across a part of Lot 42 and 43 to the North of the building to provide access to the remainder of the part being retained by the Seller. The surveyor at Egan, Field and Nowak will be preparing that shortly and as soon as I have that I will forward It to you. However, in the interim I am assuming that this can proceed through your office . If there are any questions I would appreciate hearing . Yours tr uiy^ �..�' 0 f f" James Van ValxjQrtivu"g Jw.jd / Encl. PRESIDENT ARTHUR E. OSTIUND nonn.to i..w wwnw VICE PRESIDENT VERNON A. NICKOIS Ha►nuo ".0 wl+I.a . -tf§ 7. � ^ qV: T41`S W_RV_(.AYA BOUIEYAoO MINNFAVOEIS, MIN NF`OTA SSA?6 August 23, 1973 PROPOSED DRIVEWAY EASEMENT DESCRIPTION: That part of the Northwesterly 20 feet of Lot 64 lying Easterly of a line parallel with and 100 feet West of the Northerly extension of the East line of Lot 42; The west 96 feet of that part of the Southeasterly 8 feet of the Northwesterly 28 feet of Lot 64 lying East of a line parallel with and 100 feet West of the Northerly extensicn of the East line of Lot 42; All in Spring Park. VAN VALKENBURG, COMAFORD, MOSS, FASSETT, FLAHERTY S CLARKSUN A PROFESSIONAL ASSOCIATION AALPw w. COMAf pqD LAW OFFICES PATqICw !. fIAwERTT w ORACE VAN VALAENSU-- MICHAEL I. fLANADAN L.GLENN FASSETT D IJ 1 1 11 WATN[ n wC AG OTT VERNE W.MOSS,JR. DAMES E. O'SA,EN J. BRAINERD CLARnSO1J MINNEA POLI S. MINNE90TA 55IO2 RICHARD s. zlc 11ER JAMES VAN VALIIENBURG ED*A"G L INC.-W IeI<I »s-e991 DAv o W. Lcwls DnNin. D PLAUDA PAUL VAN VALKENSUNG CHARLES A PARSONS,JA- August 27, 1973 Mr. Dexter Marsden Box 66 Crystal Bay, Minnesota 55323 Dear Mr. Marsden; Pursuant to our phone conference wherein you forwarded to me the Request for Variance, I am enclosing the same together with copies of the survey. You indicated that you did not see any problem with this, and that If I got It to you by the end of August, it would be heard on the 17th at the Orono Council Meeting. As I indicated to you, Mr. Ghostley owned Lots 42, 43, 44 and the easterly 15 feet of Lot 45, together with the parts of Lot 64 shown on this survey. We have made a conveyance of 100 feet which includes all of Lot 42 , and 40 feet of Lot 43. Thus we are left with 95 feet. The remaining property also has the right to use the easement as shown on this survey. Thus I believe that we are entitled tc the same. I would appreciate getting your reaction, and also being advised as to whether or not there arl. ny other documents that you need. Mr. Dexter Marsden -2- August 27, 1973 Prior to this I forwarded to you a copy of the survey which showed the location of the building on Lots 42 and 43, and as you will observ( 'r)m looking at this survey, we are some dis- tance apart. Then, we have the easement to Orono in the vacated Lake Shore Avenue, and the surveyor at Egar., Field says that those two descriptions do not meet. I would appreciate getting your reaction as to how to handle those. Yours truly, s Van Valkenburg JVV: jd Encl. VAN VALKENBURG, COMAFORD, MOSS. FASSETT, FLAHERTY S CLARKSON A PROFESSIONAL ASSOCIATION i RALPH HCOMAf ORD LAW OFFICES 0ATNICK F. FLAHERTY . H ORACE VAN VALKE NDU PG MICHAEL L. FLANAGAN L.DLENN FASSETT 0 1 C I N 1 F 14 WAY NE A. HERDOTT VERNE W. MOSS, JR. •LAMES E.O'DRIEN J.fIRAINERO CLARKSON MINNEAPOLIS, MINNESOTA 55402 1111 1 ., IS.-f 11[OLER JAMES VAN VALKENDURG VIL. �.� ., WINER I f5121 339-8551 OAVIO W. LEWIS OANIEI D PLA:JDA PAUL VAN VALKENDURG CHARLES A PARSONS,JR. September 14, 1973 Mr. Dexter Marsden Village of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 Dear Mr. Marsden; In reference to the application for variance that I forwarded to you on the Casco Point property, it is my understanding that you feel there has already been a division. I am glad to hear that so that we do not have to bother the Council. I am enclosing a revised description, as aquested by the Torrens Office, for the property labelled as Sullivan Property". You will observe that that is 100 feet in width. Then, for the remaining tract lying west of the Sullivan property, and Included in the overall description, a copy of which is attached, will ultimately be sold to a Mr. Stevenson, As I Indicated when I talked to your office, It is the obligation of Mr. 3hostley to furnish proof to Mr. Stevenson that this is a buildable lot within your Ordinances . You indicated that It was, and accordingly to help me establish that for Mr. Stevenson and his attorney, I would appre--'dte it if you would sign Mr. Dexter Marsden -Z- September 14, 1973 this letter and add to It a statement indicating that it does meet the requirements of the Village. If there is any other information that I have that would be helpful, I would appreciate hearing. I realize that at the time I write this letter you are away on your vacation, and thus I would appreciate it if you could sign this immediately upon your return. Yours true es Van Valkenburg JVV: i d Encl. I have examined the records of the Village of Orono, and conferred with th, it assessors, and It is my opinion that the property has already been divided, and accordingly each of these lots (namely the Sullivan and the Stevenson lots) a-e buildable lots as shown on the attached description. Dexter Marsden Planner, Village of Gr ono WHEREAS, the applicant has Petitioned the District Cpurt of the above named District for a registration of the following property: LOTS 42, 43 and 44; That part of Lot 45 lying East of a line drawn parallel with and 75 feet West, measured at right angles, from the East line of Lot 44; That part of Lot 64 described as beginning at the most Northerly cor- ner of Lot 64; thence Southwesterly to the most Westerly corner of Lot 64; thence East along the South line of Lot 64 to the N:.rtheast corner of Lot 42; thence North along the extension of the East line of Lot 42 to its intersection with a line drawn parallel with and 20 feet Southeasterly, measured at right angles, from the Northwesterly line of Lot 64; thence Northeasterly along said parallel line and its extension to the Northeasterly line of Lot 64; thence Northwesterly to the point of beginning; That purt of vacated Lake S1 ore Avenue, and that part of the tract of land between said a . enue and the shore of Lake Minnetonka , ail described as beginning at the Southeast corner of Lot 42; thence West along the South line of Lots 42, 43, 44 and 45 to an intersection with a line drawn parallel with and 75 feet West, measured at right angles, from the East line of Lot 44; thence South along the exten- sion of said parallel line to the shore of Lake Minnetonka; thence East along said shore to its intersection with the extension South of the East line of Lot 42; thence North to the point of beginning; All in Spring Park. " Lot 42; That part of the following described property lying Easterly of a line drawn parallel with and 100 feet Westerly of the Easterly line of Lot 42 and its extensions thereof: Lot 43; That part of Lot 64 described as beginning at the most Northerly corner of Lot 6;; thence Southwesterly to the most Westerly corner of Lot 64; thence East along_ the South line of Lot 64 to the Northeast corner of Lot 42; thence Northerly a distance of 51.35 feet, more or less to a point which is on a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and distant 4.00 feet Southwesterly along said parallel line from its intersection with the extension North of the East line of Lot 42; thence Northeasterly along said parallel line and its exten- aion, a distance of G8.94 feet, inoLc or iesb, to ,:he 'northeasterly line of Lot 64; thence Northwesterly to the point of beginning; That part of vacated Lake Shore Avenue and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Southeast corner of Lot 42; thence West along the South line of Lots 42, 43, 44 and 45 to an intersection with a line drawn parallel with and 75 feet West, measured at right angles from the East li.ie of Lot 44; thence South along the extension of said parallel line to the shore of Lake Minnetonka; thence East along said shore to its intersection with the extension South of the East line of Lot 42; thence North to the point of beginning, all in Spring Park. Subject to utility easements in favor of the village of Orono as described in -'_nstrurents in 3ook 2563 of Deeds at page 11 and 13, and further subject to an easement for driveway purposes over the Northwesterly 20 feet of the above described property as indicated in Book 2172 of Deeds at page 294. ai, easement for driveway purposes over the following described tract: That part of the Northwesterly 20 feet of Lot 64 lying Easterly of a line parallel with and 100 feet West of the Northerly extension of the East line of Lot 42; The West 96 feet of that hart of the Southeasterly 8 feet of the Northwesterly 28 feet of Lot 64 lying East of a line parallel with and 100 feet West of the Northerly extension of the East line of Lot 42; all in Spring Park. Which easement is reserved for the benefit of the owners and occupants of the balance of the above tract lying Westerly of the tract above described. VAN VALKENSURG, COMAFORD, MOSS, FASSETT, FLAHERTY S CLARKSON A PROFESSIONAL ASSOCIATION RALPH H. LOMAFORD LAW OFFICES PAT gICII F ELAN CRTY HORACE VAN VALKENp URG MICHAEL L.FLANAOAN L.OLEN11 FASSETT ,' 1 �, fI i f !i ! t. !� W AYNC A. HE Rp OTT VERNE W J. BRAINEF-0 CLARK 90I'1 MINNEAPOLIS, MINNES OTA 55402 1AME9 E. O ORIEN RIC HA RO S. ZIFGL[R JAMC9 VAN VALnFNSUR•.: 161�1 _1J9- f3S"-iI DAVIU W. LCWig COWARD L. WINER '- DANI(L D PLAUOA EAU:. VAN VALn CNRIIRG I rIA FILES• VAR90N g,JR. October 5, 1973 Mr. Dexter Marston Village of Orono Box 66 Crystal Bay, Minnesota 55323 Dear Dexter; I am enclosing herein the Petition for Variance and this is In connection with the property on Casco Point that we have discussed. As you are aware, this property was divided and had been divided for some time prior to the purchase thereof by our clients, in approximately 1967. At that time we torrensed the property, and In the registration proceeding ended up with one certificate of title covering the entire property. I don't know really whether for your purposes that undid the division or not. In any event, at this time we are ask,.ng for a division which will mean that the lot to the West will have a 95 foot width, and the one to the East will have a l foot width. It is my under- standing that the Ordinance requires a 100 feet and we are asking for this dimension change. In connection with that I am enclosing herein a check for S25 .00 to recognize the charge for the new division, and $ 15.00 for tL yriance . Mr. Dexter Marston -2 - October 5, 1973 I further understand that you are going to attempt to clarify that sewer easement. I have discussed this with Mr. Stevenson and his attorney, Frank C laybourne . Mr. Stevenson is the proposed buyer of this property. They do not, at this time, contemplate any other variances, and intend to stay with any setback requirements, and certainly would build their home In such a way as to assure no drainage problems and to build a home that will be a worthwhile addition to the area. With that I have asked Mr. Stevenson to prepare for me a very rough, approximate site plan showing the location of the home, and as soon as I have that I will p. -mptly forward It to you. I also appreciate your comment that the neighbor to the east is concerned about the use of the driveway easement for heavy equipment, and of course, I am certalr, Mr. Stevenson would be aware of that and would make certain that there was no damage to the road, or if by chance there was in his construction, that he would be responsible for the same. I know that these two people will be living next to each other and am sure that they will work that matter out to their mutual advantage. Yours tr , en g Nv:id Encl. cc: Mr. Charles Stevenson Mr. Frank C laybourne Mr. Dennis Sullivan Mr. Arthur Nelson 'fO: Planning Commission Members FROM: Dexter Marston, Zoning Admi;istrator DATE: October 10, 1973 SUBJECT: Variance $ Division PETITIONER: Byrne Ghostley LOCATION: 3133 Casco Circle PRESENT ZONING: R-lD (� acre) The petitioner has requested a variance of 5' for the constru%,_Lon of a home on a 95' lot. Because there is some question about urhere the lot line is between this lot and the one to the east, an applicat n has been made for a division. Given the character of lots in tr ea, the availability of sewer and water, and the fact that these lQt_ cre originally platted before the existing ordinances, I feel a 5' variance is justified. Some people have expressed some concern regarding drainage problems if a new home was constructed on this site. I have asked the Building Inspector to submit a memo regarding this matter. TO: Dexter Marston, Zoning Adminis"rator FROM: Mike Scheller, Building Inspector DATE: October 10, 1973 SUBJECT: Ghostley Property I inspected the site of the proposed division of the above property on Casco Point. The property is high, dry and wooded and physically should make an ideal building site. Construction should cause no problems in drainage for the area. ilINUTES OF A REGULAR 'IEETING HELD OCT0BER ;S, 1973 Page 2 It was the opinion of the Planninj Commission members that minimum lot size in areas that do not have public utilities will not be more than two acres per lot. In addition, it was iclt that the ISO' setback for stables did not apply in this situation. The interpretation was that the 150' setback requirement was nassed to prevent one property owner from infrin'gin? on tic rights of another, and not to limit someone from dividing their property w;ien the setback is accepLable to all affected property owners. Searles moved, Elliott seconded, that the division of 1.9 acres from Parcel 1412, Sec. 6, be approved, subject to a variance from the moratorium and t.ie Village Attorney's interpretation of the set- cack requirement for the stable. "-lotion, Ayes (7) - Nays (0) . DIVISION 4665 Bayside (toad Elliott moved, Guthrie seconded, t,iat a variance VARIANCE of 0.15 acres and 40' be granted from the size 1120 North Shore Uriv a:,d widt:i requirement as well as a variance from Ordinance ,o. 149 for Parcel 2680, Sec. 7, because the area was platted before one existing zoning ordinance, and sewer is available. Searles moved, Guthrie seconded, that t :c DIVISION F, VARIANCE divisionh of Lots 42-44 and parts of 45 and 64 3133 Casco Point Road of Spring Park, into two building .,ites, a variance of 5' from the width requirement of the westerly lot and a variance from Ordinance No. 149, be anuroved, with the following conditions: 1. A lake setback that is compatible with the homes to tac east must be maintained. 2. A drainage plan must be provided to avoid tic possibility of disturbing existing drainage. otion, Ayes (7) - Nays (0). Tae Kvalstens have submitted an application for CONDITIONAL USE PE`UIT a conditional use permit for the construction 2595 Lydiard Circle of a duplex on Lot 2, Block 1, of Apple Hill. Van Nest recalled that t;iis property i,.,as originally zoned commercial and when it was rezoned to half - acre lots, the untlerstanditig was duplexes could be constructed there. Despite the fact teat the Navarre Task Force Chas recommended the reclassification of the commercial property to tl►e nort.i of Lot 2, it was determined that another duplex would certainly fit in with the chtrarter of the area. Searles moved, Gasch seconded, that t:he conditional use permit be annrove,i, subject to the Council's approval of a variance to Ordinance No. 149. l4htion, Aves (7) - Nays (0). I..Ei:U 'POI Orono village Cou»cil SUBJECT Stevenson --Ghostly vaviat,ce FROIII Village Engineei DATE' s Oct.19 n 1973 It iE understood t:tat Lr. Stevenson is negotiating 'to l,urchase parcel 2023 ;parts of lots 43, 44, �+� and 0) on the southwest vide of Casco Cirelf from hr. Ghos'�ly A question has been raised r-garding the drainage and T:hc, poF,--Able conseyuen es if a residence were to b,� oonstrucTed viewed the T.•operty with t,r. >cheller f+..'id have -the fc 11cwrinr comments, 1. Surface water is discharged from the drive -say to a I.oint rear the north and of the lot. It flows d._&gonal ly across ,:he north end of the lot in a southwesterly dire -,-I ion, thence Venerally along; the Dougell property line and Cher. back across the center of the subject lot befox•e ruraAr, into the 31ake. 2. '.Mere are several mature trees near the north end of the lot, I assume that the prospective owner W.111 at to r.pt to preserve th-se trees. The remairi?g arej}, betwven these trees anj the building line would be subject tc sus fe::e va `-.er runoff, 3. It is my opinion that a r,sidert,.•3 cUL) d Oe covetructed and the ground land8ca.peo in a raanne_• '.,r.,.t wot ld prevez.t surface water damage to the subject pr.�perty and 'r,­ properties; on either. Fide , I recommend that a variance aand build .t.o; :)erA It he precee ied by a map prepared ty an ei�ineer, 71.r,hite.1 or, landscape architect indicating the existing and proposed contot.r;; and th-o location of the new rep-idence. The l►illaae of Jror.o wishes to inf )ry you that of t q 3 p!) t y i f o r 1 JjA(?6r'X, 4,rc e( VAU4-AtV Thii natter will be appearing 6eti re the Council«o11 � rn 3� %• if yoll have any questions. f- _d .._. Ynljfs trilly, lie,cte rsten ►INJTES OF A REGULAR 'IEETING HFLD OCTOBER 249 1973 Page 2 Oberhauser moved, Butler seconded, to table tine request of Kermit Knutson for a division concerning 3640 i3ayside Road until the comprehensive plan has been approved. After approval of the comprehensive plan, this request will be sent back to the Planning Commission and the Park Commission for trieir comments and review, after which it will be forwarded to the Council again for consideration. Notion, Ayes (4) - Nays (0). Councilman Dorn abstained. Butler moved, Welsh seconded, to table the division of Harold Anderson, 4665 Bayside Road, until after the comprehensive plan has been approved. Upon approval of t,ie comprehensive plan, this request will be sent back to tine Planning Commission for their comments and review and then forwarded to tine Council for further consideration. notion, Ayes (4) - Nays (1). Councilman llorn Nay. Butler moved, Welsh seconded, to approve tine variance for Diamond Construction Co., 1120 North Snore Drive. The variance is granted for the lot size and a variance is also granted for the building moratorium. The hards1iip that was recognized is the fact that there is no more available land to brinsl the lot up to the proper size. :iotio,i, Ayes (5) - Nays (0). Aassengale moved, the division and 3133 Casco Point conditions: Butler seconded, to approve variance of Bryne Gliostley, Road, subject to tine following 1. That the applicant provide the Village Attorney, ?r. Aare Wliite},-�ad, with the recoruable ingress and eE:ess on the pronerty. 2. That the applicant grant to the Village a utility easement if the driveway was found not to be big enough for a utility easement. 3. The conditions of the Plaiiiiina Commission '1 !nutes must be compi�,�d wit;n concerning this division and variance. 4. That the proper setback and drainage requirements be complied with. Tine Council felt t:iat the hardship in this particular case was that originally two lots existed in this area and that it appears aii accidental combination took nlaee sometime in tine past. �Iotion, Ayes (S) - Nays (0). DIVISION 3640 Bayside Road DIVISION 4665 Bayside Road VARIANCE 1120 Nort;i Shore Drive DIVISION f, VARIANCE 3133 Casco Point Road F" - VAN VALKENBURG, COMAFORD, MOSS. FASSETT, FLAHItRTY S CLARKSON" tj A PROFESSIONAL ASSOCIATION (((fff r �1 vr3 LAW OFFICES RALPM M. COMAr ORO PATRICK r. rLANERTr MORACE VAN VALKENOURO (( uJ1 f _- yLC.L rLANAOAN L.OLENN rASSETT 2 3 5 0 IDS CENTER - VERNE W. MOSS. JR. JAMES9.0 RIENT MINNEAPOLIS, MINNESOTA 55402 J. BRAINERD CLARKSON RIC HARD S. ZIEGLER JAMES VAN VALKENOURO 1e339-8551 EDWARD LWINER .121 .� DAVID W. LEWIS DANIEL O. PLAUDA PAUL VAN VALKENOURO CHARLES A. PARSONS. JR. October 29, 1973 Mr. Arthur S. Nelson Mr. John R. Nygren 1400 Soo Line Building 1507 First National Bank Bldg. Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402 Dear Art and Bob: I am writing this letter to you gentlemen jointly to explain my currant problem in connection with the Casco Point property. Art, you represent Dennis Sullivan, who has recently pur- chased a part of this lot from Mr. Ghostley. Bob, you represent Mr. Mc A. Dougall who has an easement across a part of this property, and vrho is concerned with the division of the property, and its ulti- mate use. We have recently received the approval of the Village of Orono to divide this lot s- that Mr. Sullivan's lot will have the 100 feet, and a new lot to the west rill be 95 feet. Several concerns were raised at those meetings that I vi,xited to discuss . The Village wa.: concerned as to whether or not we had the right of ingress and egress to the new lot. Of course that easement is twofold. There is one easerr:ont in favor of Mr. Dougall as described In Book 2172 of Deeds at page 294. In addition to that the current transaction between ourselves cnd Mr. Sullivan reserved an ease- ment for the benefit of this wes erly property, on a part of the above easement and some additional land. Thus the problem has been resolved. Mr. Arthur S . Nelson, et al -2 - October 29, 1973 Then the question has been raised as to how we would bring water and electricity into this lot. First off, the water apparently is in the street and neither the Sullivan nor this lot have water at the present time . I would assume that the parties hereto would agree that a utility easement for water, electric, gas, and whatever else might be involved, could go on this easement so long as Mr. Dougall and Mr. Sullivan and our people are protected in that the driveway would be re-established and refinished again. The Village is Interested in obtaining this In this manner rather than having to determine later that they need the easement for water purposes and have to come in and condemn. All that does is add time and expense because of course the cost and award are merely added to any assessment and do not gain anyone very much. I would appreciate hearing from you gentlemen, and I am enclosing an extra copy of this letter for each of you if you wish to send it on to your respective clients . If I have any Information, or can show you anything on the survey, or whatever, I would appreciate hearing . Regards . JWcjd Encl. P. S. Yours truly, James Van Valkenburg I understand that Mr. Marsden has talked to your respective clients so that they at least are familiar with the overall situation . NV hd E COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS 8 LAND SURVEYORS ■ SITE PLANNERS December 28, 1973 Mr. Dexter Marston Zoning Administrator Village of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: Ghostely - Stevenson variance Dear Mr. Marston: I have reviewed the proposed grading plan for the Stevenson residence as prepared by Griswald and Rauma, Architects and find that it is satisfactory. A slight Swale will be constructed on both sides of the house and the drainage will be contained on the Stevenson lot. I have also reviewed the driveway easement description as prepared by Egan -Field & Nowak, Incorporated and find the easement as described is adequate for a utility easement to bring municipal water and gas to tht property. The sanitary sewer is located on the lake side of the property. If you have any questions on this, please give me a call. Very truly yours, MCCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson LS:kc cc: Charles Stevenson Enclosures 12805 OLSON MEMORIAL HIGHWAY MINNEAPOLiS, MINNESOTA 55441 TELEPHONE (612) 545-3735 36 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE 1612) 897-8031 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 Village of Orono 1, O 11()\ fifi, (10S1'AL BAY. MINN. 55323 • hi( NICIPAL OFF'I('F.s 1'1I0\1 1 A-; : ' On the North Shore Lake Minnetonka August 29, 1974 To Whom Tt May Concern: According to report of McCombs -Knutson, the Village engineers, all the conditions laid down by the Village Council in the Minutes of October 15, 1973, when they approved the division and variance have been met. On submittal. of a fee a building permit can be issued. Michael Scheller Building lnsprctor the division and variance of Bryne Chostley, 3133 Casco Point Road, subject to the following conditions: 3133 Casco Point Road 1. That the applicant provide the Village Attorney, Ir. Aarc IViiitehead, with the recoruable ingress and egress on the property. 2. That the applicant grant to the Village a utility easement if the driveway was found not to be big enough for a utility easement. 3. The conditions of the Plaianinn Commission ffinutes mus. be complied with concerning this division and variance. 4. That the proper setback and drainage requirements be complied with. The Council felt t:iat the hardship in this particular case was that originally two lots existed in this area and that it appears aii accidential combination took place sometime in the past. Motion, Ayes (S) - flays (0). Minutes of the Regular Meeting of October 24 , ic) 73 of the City Council of the City of Orono ,iv(- been compared with the original record, and the same is a true and correct copy of said priginal record and was duly adopted by said City Council at said Meeting. t In Witness Whereof I have hereunto set my hand and seal this 9th day of September 1`►74 . /Z� Wa ter R. Bensbr— City Administrator •. (SE11L) MINUTES OF A REGULAR MEETING HELD SEPTEMBER 24, 1974 Page 5 Butler woved, Paurus seconded, to refer the SHORT -WAVE AERIAL 140' short -wave aerial structuto that was 905 Tonkawa Road constructed on the Russell Lund property at 905 Tonkawa Road to the Planning Commission. I -lotion, Ayes (5) - Nays (0) . The legal department presented a status report STREET VACATION on the Lake Street vacation. No action was Lake'Street taken. The legal department presented a status report I.D.S. AGREWENT on the I.D.S. Agreement. Plans are being Super Valu Store developed to proceed with constructing a new Super Valu retail store with the possibility of further development in the area as the economic picture improves. No action was taken. Paurus moved, Butler seconded, to approve ORDINANCE NO. 169 Ordinance No. 169 extending the moratorium Extend Moratorium on building permits,re7 i applications, conditional or special ! mits, variances, or other development ab AbeA in Ordinance No. 149. Motion, Ayes (5) - Nays (0). Paurus moved, Welsh seconded, to approve RESOLUTION #560 Resolution 0560, reaffirming the Lake tiinne- L.I1.C.D. I,IARINA tonka Conservation District's ordinance REGULATIONS pertaining to marina regulations which include dock controls and variance regulations. Motion, Ayes (5) - Nays (0). Butler moved, Welsh seconded, to approve RESOLUTION #561 Resolution 0561, granting division and Division & Variance variance request of Byrne Ghostley, 3133 3133 Casco Point Road Casco Point Road, conditioned on proper findings that the City Council had approved the division and variar-::e on October 24, 1973 and that all subject conditions have been met. Motion, Ayes (5) -- Nays (0). Butler moved, Paurus seconded, that the TRADE LICENSES .ollowing licenses, be approved: notion, Ayes (5) - Nays (0). Backdahl & Olson Plumbing & Heating, Inc. - Plumber Consolidated Plumbing & Heating Company - Plumber & Sewer hookup POPHAM, HAIK. SCHNOBRICH, KAUFMAN & DOTY, LTD. WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WOROEN G.MARC WHITEHEAD BRUCE O. WILLIS FREDERICK S. RICHARDS RONALD C. ELMOVIST GARY R. MACOMBER FREDERICK C.BROWN ROBERT W. JUNGHANS LOREN TUCKER BRUCE D. MALKERSON 4 344 IDS ':E NTE R MINNEAPOLIS 55402 Mr. Richard Benson City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 October 1, 1974 Re: Enclosed Resolution Dear Dick: Please certify the enclosed resolution and mail to Paul Van Valkenburg at 2350 IDS Center, Minneapolis, Minnesota 55402. Very truly yours, Bruce D. Malkerson BDM:lc enc. 612-33S-9331 CERTIFIED COPY RESOLUTION NO. 561 GRANTING DIVISION AND VARIANCE OF 3133 CASCO POINT ROAD WHEREAS, the Council adopted a resolution approving this division and variance on October 24, 1973 subject to certain conditions set out by the Council on that date; WHEREAS, the applicant has fulfilled all of the condi+4ons set out by the Council on October 24, 1973; THEREFORE, BE IT RLSOLVLD, that the application of Byrne Ghostley for a division and variance• of 3133 Casco Point Road shall be and hereby is unconuitionally granted. The undersigned hereby certifies that he is the Clerk - Administrator of the City of Orono and that the foregoing is a true and correct copy of Resolution No. 561 duly adopted by the City Council at a regular council meeting on the 24th day of September, 1974. Dated this llth day of October, 1974. W. R. Benson Clerk -Administrator City of Orono (City Seal) W* 1 STATE nF 'MINNESOTA r ` y� DI'PARTMFNT OF NATURAL RFSOIIRCFS DIVISM, OF VATIRS, SOILS AND MINERALS APPIICATIn"' rnR PFR`rIT TO PLACE NATURAL ROCK RIPRAP rnR SHORF I'nrtTFCTlnN piIRPOSF:S h'iTHIN PIIRLIC WATERS u/HlJ/j.3 (pJ^G lirttl/g �qy Z�f i.U�+ SS�9� the owner irr.rcant print or cy ei — --71'''"7 eBir of land in For+f iot �sre.cT j ----, �n llt4r V j%A,ec 70 townshin nn.`- ,eQ,C-------' range - -- —' county {fAM- M,A1 . ire nc., ,r n^., anT'r i.N rase cr;;, nor ,which is riparian tne4jm dy/4MY011 llj ( 'A"j, applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to place natural rock riprap (not broken up concrete rubble or building debris) For shore erosion protection on the hanks of public waters along_—� feet of shoreline, in accordance with all data, maps, plans, and othe* information submitted herewith made a part hereof. Such riprap placement will necessitate encroachment (filling) into public waters of no more than __�_ feet measured horizontally water - ward from the waterline. The rock Fill will rise to a height of 02 feet measured vertically from the waterline and till have n finished slnpe ratio of 1,9 horizontal to )` vertical. The averagj diameter of the natural rock to be used is ^_ inches. .DIST 1 F ICAT 11N fxnlain wh%- this nroiert is nve'I(-.1• ()ttr 'A, U�,que- me now+ t 1h 'ske*e 11,toe , 3 r'•Nc 6 / I PRn.11717T SITE DATA 1. Have you obtained technical advice on this erosion proFlem`' ( no Q ves Technical person consulted:fJ`_ pane a.�rena 2. Indicate the ownershir. of the waterfront properties abutting your property et.ate). b� ST E06u ihdown name k,o�FRi -- .L�1iELi+-1�'_ _- --- --•- -- - - --- - - — name�S � -- I. `ketch a plan and a crnss section (side view, of the pro feet area li•ieneLrs, proposed .a'rk 1rea r cl a; -en. --no fr„- ; . C. ,.v?er ra -,r ✓rher i ie,:• ' ., . ',Par ce? the :,thin ann �euinl the pnF: eel rear-n r,'urCV I... Inr'e'rrel ater 1 rh h !nzext- igatore oan reaoh the prorer,,.l. ZOr Qi vw � t oc JrIEw _ Ra..-4e 'w V,"frAra "'A-I-R`J w-211B A. nescriha the underwater material (-ruck, sanr(, rock, etc.) and depth to firm bottom. / a ,) V 1__P'Con 67 To.r1 5. nescrihe the upland (shoreland) soil (-^uak, sand, r ak, eta.) and type and amount of vegetation present. 5AVU by Sep t .1, i-ewed Nt1T_i r_I C.AT 1 ON T.have supplied a complete copv of this annlication to: - _P 1AFAWfr,,',. //(OWA.f+ 44x,c �O�ks Dt�s', llfy 4, ��ri i7/J�t'. �w�iir� Q A4, c�. '.Jt� (,wlsN,A../)iv.� j 43 11 �iw4VL�AMA P'�Tlwb/h[ �3r' !%.4 � 7 i%. D.9L�' /;at,rygi,eot catsr tiRd, f(cl/Sr..t AA). /Tr ---'-� --¢ - - f------' — nmse owat`ernF.e tstrrr•t ti�a t?Tr..,,ss V S C904C ,q�i�_. _f��. /�v� GG !e sr�rc ► /7liivti' . s' S ,a a name or ottu or tor�nantr J'e :real Annlicant declares that in ormation submitted herewith and statements made herein are a true and correct representation of the facts, an•I that the filing of this applic.' an and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. Arrut piFNTs Dated this — day of %� % 19 JJ~ $15.00 filing fee '� [J other (epec;fy) / et?nature zrt lico.f Phone: �/;k I.rAvr- RI.Aw - 0E1'ARITIFNT iltiF ONLY nRDER APppnVIN( ' nR %V)PUYiNu; APPLICATInN On the basis of the foregoing .application, nermiss,on is hereby granted to place natural rock riprap not to extend more than ----,I. feet measured horizontally waterward from the vaterline of the named public water along 100 feet of shoreline all subject to the terms and conditions hereafter stated: 1. Thiz permit shall not release the permi from any liability or obligation imposed by Minnesota Statutes or local ordinances and shall re. ,in in force suhiect to all conditions and limitations now or herea°ter imposed by law. In all cases where the doing by the nermittee of anything authorized by this permit shall involve the taking, using, or lamapine of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the nermittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all nroperty, rights and interests necessary therefore. i. This Permit is permissive only. No liability shall be imposed upon or i•curred by the state of Minnesota or any of its officer%, agents or employees, officiall> or personally on account of the granting hereof or on account of any damage to any person or nroperty r.•sulting from apv act or omission of the permit - tea or any .f its agents,-nplovees, or contractors relating to any matter hereunder. 4. This permit shall terminate nn_t,r,i_ x ` ee s;•oclaI provi I :n� r•r::- . I _1"Y Natural Re,, 01 r Gated Trrn- l'. 107 W-211 ITATF nF MINNESOT.A DEPARTMENT of: NATURAL RESOURCES pl!'131nN nF WAIFRS, SnILS AND MINERALS APPLICATION FnR PFR`IIT Tn PLACE NATURAL ROCK RIPRAP rnR SHORE PpnTFCTfnN PURPOSES Kir.liN PURLIC WATERS bENN. w• S,l((V, )I3) `ASCe, CiKeIf- LLIA!g4,+ , �j��rVN S�3�i/ the owner applicant print or typal �^�sz rng rrae of land in � i�+t �/ St &^ -_,yG.9 r' �3 dC 4 •n.t+. _ �7,A.ec'P�_/�70 township no. (✓i AI range county f,u N E; 4,4- O/N / y, / , ire nn., .ilx ;7. ^r a,. reaa : • i.ro�+eCr '! nito which is riparian to,AJiCE //4WCn Kr'1 l`1 , �/ij� , applies pursuant to !'innesota Statutes Chapter 105 and other applicable statutes for a permit to place natural rock riprap (not broken up concrete rubble or building debris) for .;bore erosion protection on the hanks of public waters along Z ('tI feet of shoreline, in accordance with all data, maps, plans, and other information submitted herewith anti made a part hereof'. Such riprap placement will necessitate encroachment (filling) into public waters of no more than —_-_ feet measured horizontally water - ward from the waterline. The rock Fill wi'l rise to a height of - feet measured vertically from the waterline and will have a finished slope ratio of p— �� horizontal to --_ vertical. The average diameter of the natural rock to be used is Q inches. X IST l F I CAT inN Fxplain why this proiect is needed: PRn.IECT S 1 TF. pATA 1. Have you obtained technical advice on this erns ion proTilem' - S. &7 no [Q ves Technical person consulted: _ name -- - a.�reaa Inlicate the ownership of the waterfront properties abutting your property 'if ',nk,+ne.w; a-, atztv). _name Ar%� GC) S'f Sketch a plan and a cr^(ss section (side view) of the proiect area r roroae,! ,+,7rk. area r�: t h fir•-enai -)ne or. * rr ,=prat :..v?ari ea ht r en er aF r, > i tht n m: k*,wyui the+ rr..,poaed work aroa, pr 'ert, exr�rienoed arui ar.t'c': ite,i .ater ,':a^, r re,' rod mate b;. which nveat- igatore can �h;he ertal S, UE UIE.4J 4 _ � �Icci• R� ti t w-211F 4. Describe the underwater material (muck, sand, rock, etc.) and depth to firm bottom. i� ),� 40 (Rnn vT-r-c.Lq S. Describe the upland (shoreland) soil sand, rock, etc.) and type and amount of vegetation present. NOTIFICATION I have supplied a complete copy of this application to: �) #CA A-Fr,1- 66ti.V ?.a/C &'nets AF;, 1', /nty 4, 'i 4,,e v- /WHsuA, , 4-asA, 4-C �%4��hs /VAJ name o watershed dtatrtct a -.t: resa evcv/s.wQ Ins+ SJ 3ii 2) 6i2C-A)c , j' ,�`�. /! �;�07� b_- � �JI�.v.J 'o catty or township to : ryas Applicant declares that information submitted herewith and statements made herein are a true and correct representation of the facts, and that the filing of this application and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. AIT.ACIDIBNTS $15.00 filing fee L:7 other (spseify)_ lleearttment of 4atural Qesources nivision of Waters, Soils f, Minerals 345 Centennial office Building St. Paul, 'tinnesota SS1S5 Dated this day of eignature rf applicant a coTT . 3ca � nwrver j',, c ,t L �( �.. i � r (* I. .% '� -; W-201 ' STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS, SOILS AND MINERALS NOTIFICATION OF PERMIT APPLICATI0N INSTRUCTIONS FOR THE. APPLICANT Minnesota Statute;- 1973, Section 105.44, Subdivision 1, requires you to supply a complete copy of your water permit application and all supporting data to the following: A) The secretary of the board of managers of the watershed district, if any, within which your project is located or which your project may affect. B) The chief executive officer of the city or township within which the project is located. In the space provided on your permit application form, you mus'r certify having served the complete application on the applicable governmental units. Please complete the applicant's portion (Section 1) of this form for each notice served on a local governmental unit. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SECTICN 1 (TO BE COMPLETED BY APPLICANT) T0: A) Secretary of the board of managers of watershed district. (print or type nrune B) Chief executive officer of the (check) Q city, Z]7 township of CerA,(' print or type name) F.R04: AM.LU. S //, 1 Date: 19% print or type name of app ica-n (address of ap icantl— INSTRUCTIONS FOR THE LOCAL GOVERVIFN1'AL UNIT This report form provides you an opportunity to supply input to the Department of Natural Resources to assist in deciding whether to grant, modify, or deny the requested permit. It.is NOT absolutely necessary for local agencies to officially approve or disapprove the project or make any recommendation, although this may be done if desired. It is requested that interested local agencies indicate the following, as applicable: A. The relationshiF: of the proposed proiect to local plans for the affected water and related land. B. The relationship of the project to local land use controls includin); flood plain and/or shoreland regulations. (continued on rc,) arse w-201 C. Any possible effects of the proposed project on water resources, navigation, fish and wildlife, conservation, pollution, and the general public interest. D. Any recommended modifications in the proposal or other alternative ways of achieving the desired objective which would reduce undesirable effects. E. Any pertinent factual data available concerning the water body or the proposed project. F. Reasons for any known local objections. Please complete Section II of this form and return to the address shorn in the lower left corner of this page within fifteen (15) days, or inform the department if addi- tional time is needed. * * * * * * * * * * * * * * * * * * * * + k * * * * * * * * * * * * * * * * * * * * * * SECTION Ii (TO BE COMPLETED BY CITY, TO..'.NSHIP, OR WATERSHED DISTRICT) The applicant named on the opposite side of this form submitted a copy of his water permit application on 19 It has been reviewed and the following comments are submitted for consideration by the Department of Natural Resources. RETURN TO: Regulations Unit Division of Waters, Soils £, Minerals DEPARTMENT OF NATURAL. RESOURCES Centennial Office Building St. Paul, Minnesota SS1SS Dated 19 Gov't Official's name: Signature Title Addre: s (print or type Village of Orono 1'.0 13OX 66. CRYSTAL BAY, MINN 55323 • MUNICIPAL OFFICES PHONE 473-7337 On the Neorth Shore Lake Allp rretnrrka May 19, 1975 Mr. Dennis Sullivan 3133 Casco Circle Wayzata, Mn. 55391 Dear Mr. Sullivan: I have received a notification from the Department of Natural Resources that you are making application to rip rap your shoreline. The City also requires a permit for this purpose. Enclosed please find application for same to be filled out and returned with the $15.00 fee. Sincerely yours, Michael Scheller Building Inspector MS:cr a ARK TN 'THE REDS OF PURLIC idATF,RS PERMIT NO. 75-6344 DATED June 4. 1975 SPECIAL PROVISIONS X_ A six (6) inch filter blanket shall be provided to prevent washing of fines from behind the rock. X__ The rock placed shall have fifty percent at eight (8) inch diameter or greater. �X_ The placed shore protection shall not have a finished slope greater than 2:1. cc: Lake Minnetonka Conservation District Minnehaha Creek Watershed District Village of Orono Mike Crupa Conservation Officer .c-VU4t/ 44 4?4-r ---e 4 fit- ,4C��- . 4A 7 4 a-.v Compliments of: OENNIS W. SULLIVAN 4�� PHurty•Peck 6 Company tc 5600 West Raymond Street Indianapolis, Indiana 46241 :. •.� .. y ORONO COUNCIL IIEETING HELD JUNE 24, 1975 Page 2 Butler moved, Welsh seconded, that a varianci for Robert Birkeland, 4500 North Shore Drive, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Butler moved, Walsh seconded, that a rip rap permit for Dennis Sullivan, 3133 Casco Circle, be referred to the Planning Commission. !lotion, Ayes (5) - Nays (0) . Butler moved, welsh seconded, that a rezoning request for Cheyenne Land Company and Richard Neslund, 100 Orono Orchard Road, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). T_utler moved, Welsh seconded, that platting for the Scott property, 2040 Shoreline Drive, for Ralph Burnett, be referred to the Planning Commission. Ilotion, Ayes (5) - Nays (0). Butler moved, Welsh seconded, that a variance for lakeL:iore setback and hardcover for Muriel Senn, 4448 North Shore Drive, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Butler moved, Welsh seconded, that a conditional use permit for a Day Care Center for the Good Shepherd Lutheran Church, 3745 Shoreline Drive, be referred to the Planning Commission. Ilotion, Ayes (5) - Nays (0) . Butler moveJ, Welsh seconded, that a subdivision for Edward Lehman, 3525 Shoreline Drive, be referred co the Planning Co-udssion. !lotion, Ayes (5) - Nays (0) . Butler moved, Welsh seconded, that the ele,!ation and site plan for a warehouse addition for Robert Day, 2685 Wayzata Boulevard, be approved. Motion, Ayes (5) - Nays (0). lienry Muhich, Zoning and Building Administrator, presented information on an evaluation by the dlanning Commission of the Hennepin County Transportation Study. Copies will be sent to Ar. Craig Spencer, Chairman of the Hennepin County Transportation Study. VARIANCE 4500 North Shore Drive RIP RAP I'ERIIIT 3jr33 Casco Circle REZONING 100 Orono Orchard Road PLATTING 2040 Shoreline Drive HARDCOVER & SETBACK VARIANCE 4448 North Shore Drive CONDITIONAL USE PERI-IIT 3745 Shoreline Drive SUBDIVISION 3525 Shoreline Drive WAREHOUSE 2685 Wayzata Boulevard HENNEPIN COUNTY TRANSPORTATION STUDY TO: hick Henson rRrft Bank 'kihich DATE : July 10, 1975 R: Dennis Sullivan-3,133 Casco Ci. rin Ran nermit ►teouest to rin ran 100' shoreline of residential Property to prr.tect the shoreline and nrevent further erosion. Vie present unprotected shoreline has caused same damage to the shoreline v(— i rat ion. ''r. Faill ivan has oi)ta ined annrrnval of the P.N.R. and 47VII suoject to the l'illape approval. The Planning Commission recommends approval of the Conditional Use Permit to rip rap the shoreline of his property, to protect and preserve the shoreline and prevent erosion on the condition that rock: he used. WANING AtTICI 01 L TI G - July 14, 197.1. Curtis male he m "ion that the Planni np C. = ssic n o mnend approval oi- Demi.s Sul livw, l s proonsal on the condition that he rip rap ifith rwtt3► ng but Kvxk. Van Nest seconded. Per ' rec- tiis SOU uJP M T'ET Ae Pi=iing Commission stated that a variance from the st -eet setback requ:ireawrit w..,iAld also be necessary. 'This is a substandard parcel 4:r jorting an adequate stmture. Di.amie Dmiap spade the rmti.an to necov—end aanlad of the variance. Pesek seconded. Oyes (7) , Naves (0) . Th3 Planning Cb missi(nt paizwed out several. points to be reviewed in considering this proposal, sLxh ss a :ash PaA dedication tee in .lieu of -c-xYPo:red lard dedl.- 1:.ation, as the Park Pt•ard Ff.-It. Several extrrinp cc::dit.ivos might i-estriet its use -,;the vet and mrs'i c=dlti(a3)5, lcceSC, and traffic along County Rd. #1S), fmsabilZty ot exte,id.ing private read from trropertics to the north for nro`3.ding private mad on thiJ develop ii: nt, and the intended use of the lakeshore strip of land across Ca v..'cy Road #I S, Ate-ther this strip was to he included as a part of the individual parcels for acees5ary use of private dxs or c"iamt►ity da.ks. The motel area of ache 7 nivix)sed parcels is 0.7 acres excluding the hui idahl a land m vutlot 8 an,,' the iakpsiioiv strip acrm.-1 �,. vmrty Road NiS. The devvelar ,cr +Cress also iminded to Cheek all settbu:ks of exist ng bu:ldLis to assure setback require ' toms . ,he i1.1minlr:p -:0MisSIZA1-,&,.-�1uleJ a public hearing on the pijx)sa1 for 1:15 :)n Aizgus! 4, 1975, Hank pr esent e J the prcjr;sal . x Gc)<d .}heat bse .ermit to t:ye the exist-inp p� rscujx` as a :enter for the developrx ,*_rta.Ily deiayec.;. HMO, SOC_ VARJANW, LAXL iCOL1` I%r)iT VKVFIM PLAITIM on the ''ondi tiowl GCM _TEi'ftt, LC�'MAN da tbre activity fly ITYNAL U'rTE PFA►iT fM1 DAY ALTIM Y CI?t1413-T. Joyce _ son , rep: esentr: t ive fc r the day ac ti.N i ty center stated that i;o d Shepherd is licensed by the State P that they have to follow the State gt; idle tines and the the facilities do meet LL the state 'm s cause is funded by they state, C'Z&zai ami county. The day activity canter is a separate ;urn profit, orpawiization and is not afftlliated %-ith .he c v,,rch. me. Tvrarrrr► wexild be desiped for prest c,.-A �:hilGn.,�, prL>arily rrw birth to the age tit 18 mor ths. WATERSHED SODIIOARY N DAMN 0 Q�S t , MINNEHAHA CREEK EAt MINNtfNMRA WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 MINNESOTA RIPER NNARN of MANAGERS: LawrialKe E. Kelley. Pro. • H. Dole Polmetler • Robert S. Carroll • David H. Cochran • Jo ma " Rvssoll a July 21, 1975 Mr. Dennis W. Sullivan 3133 Casco Circle Wayzata, Minnesota 55391 Re: Permit Application No. 75-36 Dear Mr. Sullivan: The Board of Managers of the Minnehaha C-- ,k Watershed District, at their meeting of July 17, 1 , have ap- proved the subject work on the following conditions: 1. Materials stall be in conformance with that as set by the Hennepin County Departmeat of Public Works for similar work in Lake Minne- tonka. 2. Placement of rip rap shall be preceded by placement of adcquate filter bed material. 3. Wherever possible, rip rap shall be applied on a slope of 4 horizontal to 1 vertical. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District � . OL E. V Hickok, P.E. EAH/cmk cc: L. Kelley F. Mixa B. Willis W. Benson R. Harnack OR= aXNCIL 1Wrn1G HEED JULY 28, 1975 Page 4 Butler moved, Paurus seconded, approval of the CONDITIONAL USE PERMIT conditional use permit for Dennis Sullivan, 3133 j 3133 Casco Circle Casco Circle, to rip rap hi- shoreline residential property, conditioned that rock is used as a rip rap material. Motion, Ayes (5) - Nays (0). Mr. Henry Muhich, Building & Zoning Administrator, REZONING discussed the status of the Cheyenne Land Company Cheyenne Land Company proposal to rezone their property. The Planning Commission has agreed to table the proposal for lack of information until Aug t 4, 1975, or until such time that: additional inf 3tion is available. Mr. Henry Muhich, Buildinc Zoning Administrator, PLATTING informed the City Council LAat Mr. Ralph Burnett, 2040 Shoreline Drive 2040 Shoreline Drive, has submitted a platting proposal of the Scott properties which will appear before the Planning Commission August 4, 1975 at a public hearing. Paurus moved, Butler seconded, to 9eny the request VARIANCE submitted by Muriel Senn, 4448 North Shore Drive, 4448 North Shore Drive for a variance from the 75' setback and hardcover requirements as recommended by the Planning Commission. MG tion, Ayes (5) - Nays (0). Mr. Henry f1uhicn, Building & 3oning A.Cministratcr, CONDITIONAL USE PERMIT discussed the proposal of the Good Shepherd Lutheran 3745 Shoreline Drive Church, 3745 Shoreline Drive, for a nay Care Center. The Planning Commission has sr-heduled a public hearing for A*, gust 4 ' "S at 7 a 00 P.L_. Butle- me seconded, to approve the SUBDIVISION, VARIANCE, subdiv.is t.- '-ea variance of Lest A and CONDIZ IONAL USE a conditiona_ _:mit for fill for 11r. Ed Lehman, 3525 Shoreline Drive 3525 Shorel.].ne Lrive,conditioned on submitting a topographic inap and the City Engineer's approval in establishing and maintaining an easoment and drainage. Motion, Ayes (5) - Nays (0). Tlelsh moved, Butler seconded, approval of the VARIANCE variance from the required lot area and width 1146 Wildhurst Trail for iir. Lyle Rahn, 1146 Wildhurst Trail, conditioned on removing the old structure within 30 days after ov-,:pancy of the new structure. Notion, Ayes (5) - Nays (0). I4r. 14uhich, Building & Zoning Administrator, HERRICK CIRCLE reported that fir. Louis Oberhauser representing the Herrick property has not submitted his request to rezone the property as originally agreed per Council meeting of July 8, 1975.