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CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Allen Schefers 2540 Casco Point Road Wayzata, MN 55391 APPLICATION NO. 2205 NOTICE OF COUNCIL ACTION Date of Notice: 4/29/97 COPIES: TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 4/28/97 COUNCIL ACTION -MOTION: Approved. VOTE: 5 FOR 0 AGAINST To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Conditional use approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28, 1997 (Public Comments -Continued) 19, he has been working with Hennepin County (Tom Peterson, Marcel Koulas, Jiin Grube) and they have met on site to look at the problem. John Gerhardson and Glenn Cook from Orono have also been to the site. All have agreed there is a problem. A contractor has estimated the · water damage. Bessesen has filed claims with the City and County for the damage and to look at ways to correct the problem. Hennepin County has put in curbing and raised driveways. They were advised by the City and County that Allied Adjusters of the League of Minnesota Cities would not pay any claims unless a hydrologist completed a report . He hired Mattke Engineering, Inc. to review the situation. Findings indicated that the stormwater increase was due to new construction on Tonkaview. He distributed a written summary of the situation to Council. Kathy Sawicki, a neighbor at 4510 North Shore Drive, also reported over $17,000 worth of damage to her property. She noted that they continue to have water problems and the corrections that have been made were not appropriately engineered. They receive 11 cubic feet of runoff per second. She received a letter from staff recommending pavement overlay and does not feel this is a viable solution. She asked for Council's help and review of the situation. Jabbour directed staff to report on the situation with a proposal for a ~olution at a future Council meeting. ZONING ADMINISTRATOR'S REPORT (#3) Review of this application follows Item #13. (#4) #2205 ALLEN SCHEFERS, 2540 CASCO POINT ROAD -CONDITIONAL USE PERMIT -RESOLUTION #3886 The applicant was present. Van Zomeren reported that the applicant has constructed a new residence and has done some excavation work for a pond in an area that is considered floodway and flood fringe districts, as well as a wetland, which requires permits from the City and Watershed District. The applicant did receive a permit from the Minnehaha Creek Watershed District last fall but did not realize he .also needed a conditional use permit from the City. The pond encroaches approximately 8' into the 100' right-of-way of Casco Point Road. Planning Commission recommended approval subject to the applicant grading slopes to 3:1; maintaining the pond in a way that does not impact the right-of-way and roadway, and landscaping the area around the pond with natural vegetation. Goetten asked if the Minnehaha Creek Watershed District informs their applicants of permits .2 '' ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28, 1997 (#4 #2205 -Schefers -Continued) requiredJ:>y the City. Van Zomeren was unsure~ noting there have been problems in the past but there has been communication to resolve this issue. Goetten also asked if there is a double fee since it is an after-the-fact application. Van Zomeren confirmed that there is. Kelley moved, Peterson seconded, to adopt Resolution #3886 granting a conditional use permit to excavate in a wetland area to allow an existing wildlife pond to remain for the property located at 2540 Casco Point Road. Vote: Ayes 5, Nays 0. (#5) #2212 SIDNEY AND BARBARA REBERS. '2190' WAYZATA BOULEY ARD - PRELIMINARY PLAT APPROVAL The applicants were represented by Attorney Steve Pflam. Pflam requested that the item be tabled as there were some issues that were unclear. Goetten moved, Peterson seconded, to table Application #2212. Vote: Ayes 5, Nays 0. (#6) #2214 RICHARD KOZICKY, 2016 SHA,DYWOOD ROAD -VARIANCES - RESOLUTION #3887 Mr. Kozicky was in attendance. Van Zomeren noted the applicant has appeared twice before the Planning Commission who directed the applicant to reduce the need for variances. An average lakeshore setback variance has been eliminated. The current proposal is for a lakeside deck and porch addition and a garage/laundry area to the streetside of the residence. A side yard variance along the south property line is req1,1ired becaµse the 3' overhang encroaches into the 10' sideyard. Code allows a 1 ½'overhang but to be consistent with the rest of the house, the architect has proposed a 3' overhang. A hardcover variance in the 75-250' setback area is also required where 45.65% exists and 45.88% is proposed. A structural coverage variance is requested to allow 19.63% coverage rather than the allowed 15%. Goetten questioned what percentage of the hardcover could be attributed to the neighbor's driveway. Van Zomeren explained on the map where the property line was due to the size of the County's right-of-way for road alignment to the bridge. The portion of the driveway that provides access for the neighbor is on the County's property. 3 Department Approval: Name Liz Van Zomeren Title City Planner REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: Administrator Reviewed: Agenda Section: Zoning Item Description: #2205, Allen Schefers, 2540 Casco Point Road Conditional Use Permit--Public Hearing Zoning District: LRl-C, One Family Lakeshore Residential District (1/2 acre), Sewered Lot Area: 42,945 sq. ft. (approximate) Application: Applicant is requesting a conditional use permit to allow for excavation of a pond in a floodplain to remain. The applicant obtained a permit from the Minnehaha Creek Watershed District (MCWD) to excavate in a wetland for a wildlife pond. A conditional use permit is required to Planning Commission alter land in a wetland. Recommendation: To unanimously approve: COUNCIL ACTION 1. A conditional use permit, subject to the following conditions: a. The applicant shall grade the slopes around the pond to a 3 to 1 ratio or less. b. The applicant shall maintain the pond in a manner that does not adversely impact the right-of-way and roadway. c. The applicant shall landscape the area around the pond with natural vegetation such as cattails and prairie grasses. REQUESTED: To approve the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISIONS 8 AND 12 FILE #2205 WHEREAS, Allen Schefers, (hereinafter "the applicant") is the owner of the property located at 2540 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.55, Subdivisions 8 and 12 to excavate in a wetland area to allow an existing wildlife pond to remain where a conditional use permit is required for excavation or fill. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, M,innesota: FINDINGS 1. This application was reviewed as Zoning File #2205. 2. The property is located in the LR-lC, One Family Lakeshore Residential Zoning District requiring 1/2 acre. The property is sewered. 3. On April 21, 1997, the Orono Planning Commission reviewed the application as amended and recommended unanimous approval based on the following findings: A) The wildlife pond will improve drainage on the property and adjacent areas. Page 1 of 5 B) The wildlife pond encroaches into the 100' right-of-way for Casco Point Road but does not have an adverse impact on the roadway. C) The wildlife pond is located in a floodway and flood fringe district. D) The applicant has obtained a permit from the Minnehaha Creek Watershed District. 4. The City Council finds that granting a conditional use permit to allow a wildlife pond 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 its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Sections 10.55, Subdivisions 8 and 12 to allow an existing wildlife pond in a wetland to remain where no such activity is normally allowed, subject to the following conditions: 1. The applicant shall grade the slopes around the pond to a 3: 1 ratio or less. 2. The applicant shall maintain the pond in a manner that does not adversely impact the right-of-way and roadway. 3. The applicant shall landscape the area around the pond with natural vegetation such as cattails and prairie grasses. Page 2 of 5 4. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for an after-the-fact land alteration permit within six months of the date of Council approval or this conditional use permit will expire on that date (October 28, 1997). 5. Violation of or non-compliance with any of the 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 applicant 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 chain of title of the property. Adopted.by the Orono City Council on this 28th day of April, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, 1997, by Gabriel Jabbour and Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 To: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Liz Van Zomeren, City Planner/Zoning Administrator Date: April 16, 1997 Subject: #2205, Allen Schefers, 2540 Casco Point Road--Conditional Use Permit- Public Hearing Zoning District: LRl-C One Family Lakeshore Residential District (1/2 Acre) Application: The applicant is requesting a conditional use permit to allow for excavation of a pond in a floodplain area to remain. The applicant obtained a permit from the Minnehaha Creek Watershed District to excavate to allow a wildlife pond, however, a conditional use permit for the excavation was not obtained from the City. The applicant has previously obtained a conditional use permit for fill importation in excess of 100 cubic yards. List of Exhibits A. Application B. Plat Map C. Property Owner's List D. Site Plan E. Minnehaha Creek Watershed District Permit F. Survey G. Excerpts from Minutes from Previous City Council and Planning Commission Meetings regarding the Conditional Use Permit for fill importation H. Resolution #3762 granting a conditional use permit for fill importation I. Minutes from 2/18/97 Planning Commission Meeting Pertinent Ordinances: 1. Section 10.55, Subdivision (A) Definition of Floodway District The Floodway District shall include those areas designated as floodway in the Flood Insurance Study, including without limitation the surface and shoreline of Lake Minnetonka #2205, 2540 Casco Point Road Allen Sche.fers--C. U.P. for excavation page--] April 16, 1997 below elevation 929 .4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary highwater elevation, and the designated floodway of all streams and flowage areas. 2. Section 10.55, Subdivision (B) Definition of Flood Fringe District The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka between elevation 929.4 MSL and 931.5 MSL, the area between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet flow areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetland soils, whether or not there is water standing on those soils at any given time. 3. Section 10. 5 5, Subdivision (8) Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 7 5 feet of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. 4. Section 10.55, Subdivision (9)(B)(2) Floodway District Conditional Uses All dredging or excavation of material from any lake bed, pond, or wetland or from land adjacent thereto. 5. Section 10.55, Subdivision (J0)(B)(l) Flood Fringe District All conditional uses as listed in the Floodway district. 6. Section 10.55, Subdivision (12) Conditional Use Permit Review. Applications for conditional use permits shall be reviewed by the Planning Commission and the Council in the same manner as other zoning conditional use permit applications. No conditional use permit shall be issued unless the applicant, in support of his application, shall submit certified engineering data, surveys, site plans, flowage calculations, and other information as the City may require in order to determine the effects of such development on the affected land and water areas. #2205, 2540 Casco Point Road Allen Schefers--C. U.P. for excavation page--2 April 16, 1997 Description of Request The applicants obtained the site at 2540 Casco Point Road in October of 1995. In 1996, they began construction of a new house on a previously vacant lot. The new residence required a conditional use permit for fill importation to raise the lot to a suitable elevation to prevent basement flooding. The applicant has removed debris from the lot, including the pond area and has received a permit from the Minnehaha Creek Watershed District to excavate the pond area. The applicant has stated that he did not realize that he also need a conditional use permit for excavating the pond, however, Resolution #3762 set forth the conclusions and conditions for granting the original conditional use permit for fill importation. The site plan that was submitted for the fill importation did not show that a pond would be excavated on the site. The proposed wildlife pond may be located in a floodway or flood fringe area. The applicant's drawing shows the lowest elevation of the pond at 826.0 feet. Any excavation in either a floodway or flood fringe area requires a conditional use permit. Issues for Consideration Although the applicant has received a permit from the Watershed District to excavate the pond, a conditional use permit from the City of Orono is also required. The existing ponding area is located in the 100' right-of-way for Casco Point Road. The applicant has flagged the two monuments that determine the property line along the road easement, that show that the pond encroaches into the right-of-way. The pond is far enough from the road bed that it should not cause damage. Further, the 100' right-of-way is larger than standard. Most right-of-ways are 66 1 • Staff Recommendation Staff recommends that this application be approved subject to: 1. The applicant shall grade the slopes around the pond to a ratio of 3 to 1 or less. 2. The applicant shall maintain the pond in a manner that does not adversely impact the right-of-way and roadway. #2205, 2540 Casco Point Road Allen Schefers--C. U.P. for excavation page--3 April 16, 1997 Application # ~ J... ti.) Date Received / /1 t,; / f J Amount Paid ~s-c1'. e;,.> CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ~ D QSCo f O; n Type of Application to be Filed ~~~'-:-'W-!~~~LL!,.!,L.1--,-,--=------- Property Identification Number (P.I.D.) ~ / 0013 -CX)/~ Phone (home) 8';). 5s -91 gt:.:, _,__,_.,___,____,=-.i...___,......;::=---=-L.!--..:;c:;;_i_~=----~.--.-Phone (work) >(J/-C://ll/ 1 1 o 1-ol\ Zip SS¼(O lie , S 0 . City . OWNER (if different than applicant) Phone (home) _______ _ Name -----------------Phone (work) _______ _ Address. _____________ City ________ Zip ____ _ Date Property Acquired Oc1d b er I q CJ .s I (4T) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use --- ___ $250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use ---v----$250.00 Land Alteration ~ --- / Grading and filling -designated wetland or floodplain Grading and filling -101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ___ $150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) --- $300.00 Vacation --- $200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision --- ___ $350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- PRESENT USE OF PROPERTY Present Zoning District _____ _ (month/year) Present Use of Property X Residential ___ Other (specify) _____ _ 6 REQUIRED SUBMITTALS 1. ✓ Completed Application Form. 2. _.::::::_ Describe request in detail. 3. ~ Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4. ~ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5. ~ Attach legal description to application if not included on required survey. 6. ~ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. ~ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. ~ Construction plan, if applicable (see staff for requirements). 9. __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of t~is <;PPlication, and certifies that the information suppliwd . ru and correct to th ··e of / s/her knowledge. J./ / Applicant's signatu / ..--,-/ ..--t..--· Date /-? --f 7 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of in,vesti atio 'and verification of this request. / \ / / . I .--. I Owner's signatur~ 0 ;{, ,;:. :;z.~ ~ Date / ~ {,; ,. ?' 7 Applicant must have all submitta s into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 ___ )J\~) / / ;2. 24 co \ \ /,,,..\ \ ( ~.-n \ {_ .. _)) \ \ \ / / / -I- /I u (Z'?) ___ ._._,c./ ~L7';V /// /,,/ rn; rt ,iv fl i:f")·, fl r;·""1., ,rJ,1·~ f..!::j,!J ,' ,!!; ~ c!J l':::/tJl!J ii I I ,,. ,,. ( -,-z) \ L. .J / (, 2 ,I'\ ' a+ I ,. / ,, '.,,.~..-.:. ·. ·~·:. !,-.:,:.,. ?(: . .'! .•:.··~· . . . ~-.. ·:..:,:·::·,• ]I (, -:i..4 \ \. ,.J I / .1. ·, ..... (·. \,· ·•. ;•! ·,.; .. •· ·t;,,,/ {]!_ .,-.·, I~ ii ID 4'.l1 :. (S-/-v;f r--, , - i -,· .1.:•. .i1 iii ·~-. 11,:I J ::~ \, -., ... ~,\ i ·~; I '(\ ~ I t.,,.,--. '\ :.~~~})'~•!. \ . ..r ,· ~· -~ \ ... ,::, .--· -~-, ?,•' V,v" .,.,. .. ; I~' '=-~ ... 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', ' '~~ ;c,\ ( '' ---f ~ <,-']:-/ ,;l,:i/(:::· .. -,,.J ~ ... ,,.)',• < •, ,,.,. ... \ \ '· ' \ \ \ 11 II Ill \~i-~(-""' Zo --tJA/ 7 -2 3 ·-2 Ill __ 427. 6_! _ r\!3~~291'W_ ,,. -· --------------··-----·----· -3~-. =r i.,,:,_e,~:£~:1i1=:, s2• ,~.v ~l~~~-~~~--;--=\ ~~ 11 -=. f==~ ~3=;,::il::~,. ~5~:-=. =.....=:....~~~~ 2 c; •-/117 -2 s ·-2ifl '1 -----------·------~- WJ l~\ ~-l [ \\\K, f :i \~ ~J L'=;i 2 11 "'':-. "'~., ~\ 111 . u ·--(.JI ( 43) ~ -4 z) 1:11~ ·1u '"i '"',t ~-j.J ~lO '3.5, ',\-' ·~·~~-~(....'.'"! _____ ___:;'--::---- (: 8)1 IP 1({) fil l[r'IJI 1!1 IF I[} 2 l\~ .. 42 ---_ _JI ,, l !] 1.A~ ,ll lt::, . __ ., Ii Ill 1! I li1 1!1 !1 il I i Ill .. iii RUN DATE 07/26/96 oATCH 503 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR m~NER NAME TAXPAYER NAME/ADDR PROP ADDR OViNER NAME 38 20-117-23 21 0012 00038 ADDRESS UNASSIGNED A J & J B SCHEFERS ALLEN J & JUDY B SCHEFERS 2511 112TH ST N BLOOMINGTON MN 55431 38 20-117-23 21 0015 02528 CASCO POIIIT RD MARIE A SVANG MARIE A SI/ANG 2528 CASCO POINT RD NAYZATA MN 55391 38 20-117-23 21 0024 02580 DUNWOODY AVE J & G NAFUS JOUN A tlAFUS 2580 DUN!~OODY AVE HAYZATA MN 55391 TAXPAYER TOTAL BATCH 503 00009 NAME/AD DR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 38 20-117-23 21 0013 00038 ADDRESS UN,~SSIGNED A J & J B SCHEFERS ALLEN J & JUDY B SCHEFERS 2511 112TH ST N BLOOMINGTON MN 55431 38 20-117-23 21 0017 02520 CASCO POINT RD THOMAS H FRAHM ETAL THOMAS H FRAMM 2520 CASCO POINT ROAD MAYZATA Ml~ 55391 38 20-117-23 21 0034 02590 CASCO POINT RD JOHN T REDMOND JOHN T REDMOND 2695 CASCO POINT RD ORONO MN 55391 REPORT NO. PI435401 38 20-117-23 21 0014 02530 CASCO POINT RD PAGE 9 T CHALUPSKY & DY CHALUPSKY T CHALUPSKY & DY CHALUPSKY 2530 CASCO POINT RD ORONO MN 55394 38 20-117-23 21 0022. 00038 ADDRESS UNASSIGNED VIL OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 38 20-117-23 24 0043 02600 CASCO POINT RD PAUL J & MARYE KASTER PAUL J & MARYE KASTER 2600 CASCO POINT RD l'IAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF '1Y KNOWLEDGE AND BELIEF. • l • "i7 . Ji, · DATE 7 29 90BY · ~ ~,-,,<v)QY----- i . " \r V \_. l.:,: ">·~~> < t.:.:;;1(. ...::..-..r:.,~~'('!!u,'.'i:.~ ... (i~·1+"ZIM:x·1v.Y-si ... ,>i"'•?HS\ri:tll:':4: ;c;"&-T·M:N&::"t'.ffiO'tt::hi:it':W-'~i.Z.,f1ih'"··:2rc:lii::A"iii'l'Sl..r.~:rtw?·,a,.,r::..,m·G:v·;n11'" I. ·-r I.... . :Der' . ;,·"•' '.l¼ .r ·,; ,...:at?iffl&Mt·1--,, i£Cr ··e,•-:, ii µ··:;a--r4;jf'J.i ;.,: .... ~~~~·.:•a~. 0 proposed pond 0 8 't,O ~ (\) } ~ (\) < --ct ~ ::s 1Pr(Q)p((?)~ed cdlr~~ce 2JrJcdJ rP(Q)v1cdl ~21Ji((?)Uft Note: information used for this drawing based on original survey by Coffin and Gronberg Inc. 5-16-96 Allen Schefers residence Minnesota een 1785 West County Road 42 ....... Shakopee, Mn. 55364 2540 Casco Point Road Orono, Mn. Landscaping 612 / 496-3105 INC Scale: t=40'0 11 ~ 7'\ (\) d (: \. l.:_· ,.,_. r~~.P. ,.,..._,~-.,....;:.-.,~~,.. ... .,w,c.., ...... ..,...,,.. ·!"'•:.:•-::::5'::i>.zO'i:a':1ca:st@·sY❖,· .. ,..,....Z'i,2::--, -•, · ... ,. TD7 -· ---e,-1 ;;. · •· rr2zs ., ... :,., -·i:5i:5, 'ri:" ... t·:.-e..;:fFM ...... 1::=~f I! ~~ I -'l-1...'I l';).;1~·,f-'{ ____ _ ,:1'"\[---11.~~n=1 , .. , I ~~,(~; l l lff = , .. JJtf L-t _g .... - ~ - -w ~-=-~ -=· ~-==-., --=-~ ;·• ~ (I) 7 ~ (I) < =--~ ~ 3 r f 'iOfl©~~cdl dt'iwi (C) ~lrJdJ p©~dJ li&Jy©llit Note: inf orm21tion u5ed for thi5 drawing ba©ed on original ~urvey by Coffin and Gronber~ Inc. 5-16~96 Allen Schef er6 re5idence ~ Mirul@-SOL'l -een 1780 West Coun_ty _ ~oad 42 $hakopee, Mn.5aJe4 2540 Ca5co Point Road Orono, Mn. --==-Landscaping 612 I 496-31 oa INC Scale: 1'1 == 40'0 11 r~ ~ (I) 0 Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: admin@mnwatershed.org Web Site: www.mnwatershed.org Board of Managers: John E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple, Jr. Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director ,::,.. Printed on recycled paper containing ~ at least 30% post consumer waste. Improving Quality of Water, Quality of Life Pursuant to Minnesota Statutes Chapter 1030, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Allen Scheffers Permit No: 96-211 Location: 2540 Casco Point Road, Orono Purpose: Excavation of a wetland for a wildlife pond. Date of Issuance: 10/21/96 Date of Expiration: 10/21 /97 This permit is not transferable, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit is required. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. (Statement concerning fees for inspections, violations, etc ... on reverse) £ / 170 CERTIFICATE OF SURV[Y FOR ALLEN SCHEFEl~S OF LOT. 2, BLOCK G, TOWNSllT OF LANGDON Pi\RK HENNEPIN COUNTY, 1--AII\JNESOT A LEGAL DESCRIPTION OF PREMISES : Lot 2, Block 6, TOWNSITE OF LANGDON PARK o : denotes iron morker (937.9) : denotes existing spot elevolion, mean sea level datum 1945.9! : denotes proposed spot elevation, mean sea level datum Bearings· shown ore based upon on assumed datum. This survey intends to show the boundaries of the above described property, and the proposed location of a proposed house thereon. It does not purport to show any other improvements or encroachments. ,} 6'".re,.en f z.) r",;.r,J /"/<?Vr J) (r,4rA J < : 'J".JS,5 ~ 7-16'.S . -9 45,5 Ul'~rA. -'j':J:f,5' ,!~tv(,t. ,, ._, DATE 5•16•96 I hereby rerlify lhal II.is survey was prepared hy m,• or under my direct super vision, and lhal I ,i,n n cl•1ly regi~•••n•d Ciril En!:illl'er ,rnd I.and Surveyor under the law-: of th, ... Sltlll' of !\linnl':il'lil. r,:µ, cf".c.·~·~---.~ SCALf: f":40' i'. ~J~~_,,==--=;;,,c___________ l•-,,-111-N_O_. ~-,S---,-7-0- ~.,;M:;.:;:,:ar,;;.k,;;;S;,;. G~•';";,;;''b;;_'';,:,'l\:,;~;;;1i;;,;111;,;;1e;;_s<~1la;;.;,;;Li,;,;ce;,;;n,;,;se_;N.,..,111_;1b.;,''';_l;.,;2.75•5--------1.n--------V F l!EGAIL IIDES©Rlll'illl©fll1 ©If ll"REl!,!ISES :, llloll 2, llillock 6, m©WIIISlffi[ ©If ILAl<lGID©l\11 l"/XRI( o : dcnolles ihon mo ri ke~ (90•7,9)1: denolles exis ~ing 1 spoil dlcvolion, mean sea ll'evcl l datum ll.9 •15,!l)I : d'eno ~es 1pnapasedl spal elevatibn, mean sea llevell datum , B\J anirigs' shown ar,e lbasedl upon an assumed! dolum! 111\is survey li n ~cnd\; lllo show !he lboundari ics o ~ l lhc obove dcsc ri ibed1 pr.opcr ll~, and l ~he 1pnoposcd l il ocalion of• a 1pnoposed !house liheneon, Ill does noU 1pu~p 0Pl IUo show any other imp novenricnl•s or enoPoachmcn Us. ,) (1.,,.r,-,..,~,,. i ) ,,,-,;,.1 //,7,:1, J) (r,trd7< = 't.1:5,S s 741',S . -? 4$,$ U,#~/",t -'/ J:f. J" ~t>tvO. F -,~ ,_, :MINUTES OF THE REGULAR ORONO CITY COUNCIL :MEETING HELD ON SEPTEMBER 9, 1996 (*#10) #2167 ALLEN AND JUDY SCHEFERS, 2540 CASCO POINT ROAD CONDITIONAL USE PER.L,UT -RESOLUTION #3762 Jabbour moved, Goetten seconded, to adopt Resolution #3762 granting approval of a conditional use permit for fill importation of approximately 426 cubic yards for construction of a new residence at 2540 Casco Point Road for Allen and Judy Schefers and Water Street Builders, Inc. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan reported his dissatisfaction with the disregard of the motion mad~ in May, 1996, for condemnation proceedings to begin on properties affecting the bike trail. The purpose was to enable the bike trail to be completed in 1996. Moorse said the Wills and Bruning pi;operties require Council resolutions to authorize moving ahead on the condemnation proceedings. Callahan, Jabbour, and Goetten each said it was their understanding that the previous Council action included proceedings against all affected properties. Callahan moved, Goetten seconded, to direct the City Administrator to have the City Attorney commence condemnation proceedings on September l 0, 1996, towards any property in need of condemnation in order for the bike trail completion to be accomplished and to adopt the resolutions required to accomplish this. A report in writing is required from the City Administrator by Wednesday, September 18, 1996 stating that the condemnation proceedings have begun and a time table in writing by the City Attorney regarding accomplishment of the condemnation. Vote: Ayes 4, Nays 0. Goetten noted the receipt of a letter and petition by the Hassan Township requesting support for their incorporation as a city. Goetten asked the Council members of their opinion. Goetten and Jabbour both noted their support. Moorse cautioned of impact on adjoining cities. Goetten moved, Jabbour seconded, to approve Resolution #3763 voicing no objection from the Council to the petition for incorporation as a city by Hassan Township. Vote: Ayes 4, Nays 0. Kelley made note of an upcoming Staff picnic. Kelley inquired about further review of the easements for internal trails on the Dickey property. It was noted that a letter of credit is on file for the developer in regards to the internal trails. 11 MINUTES OF THE ORONO PLANNING COMMISSION NIBETING HELD ON AUGUST 19, 1996 (#10 -#2166 Janet Kiernan -Continued) Stoddard asked where the City was regarding the County's planned improvements to CoRd 15. Callahan said it was in a state of active consideration noting the different viewpoints taken amongst Council members. Lindquist asked for the size of the patio to be considered. Kiernan asked that it be large enough to accommodate a table and chairs. Stratton said it is currently proposed at 24' across and 18' out from the house. Gaffron reviewed the hardcover in the 0-75' setback and suggested cutting the size of the patio in half. Kiernan and Stratton agreed to limit the size of the patio to 240 s.f. Smith ask~d about the plan for the gazebo. Kiernan said she would like to do it in the future. The placement was unknown, but Kiernan was informed that it should not encroach the septic system drainfield. Hawn moved, Smith seconded, to approve Application #2166 with the following changes and conditions: The garage will be offset with a minimum of 15' setback from CoRd 15. The patio will be reduced in size to 240 s.f. The property will not be allowed to have more than 4 bedrooms until such time as sewering is complete. The Planning Commission advised that no more structural coverage would be allowed in the 0-75' setback zone as the property has reached its maximum limit. Gaffron noted that the change in hardcover in the 0-75' setback would result in a 3.9% variance. He also informed the applicant that the drainage and grading plans and location of the sewer would be required before the application would go before the Council. Gaffron said he would provide what information they had in-house, and this request should not hold back the proposal. Vote: Ayes 5, Nays 1, Peterson, principle of average lakeshore setback, concern with trading a fireplace and minor landscaping for major structure in the 0-75' setback, and noted the property was at the point of no additional structural coverage. (#11) #2167 ALLEN AND JUDY SCHEFERS, "2540" CASCO POINT ROAD - VARIANCES-PUBLIC HEARING 10:03-10:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Loren Brueggemann. 20 :MINUTES OF THE ORONO PLANNING COJ\1MISSION MEETING HELD ON AUGUST 19, 1996 ( # 11 -#2167 Allen and Judy Schefers -Continued) Gaffron noted the elusiveness of the application with the steady stream of changes made from the original proposal. He reported that the original house was planned within the flood plain and with the lowest floor level below the Regulatory Flood Protection Elevation (RFPE). The 75-250' hardcover was also proposed at about 32% where only 25% is allowed. The lot is vacant, and a new house is now proposed for which there is no justification for hardcover variances. The house has now been raised to the required 935.5' elevation and out of the flood plain. With the changes to the location, the size of the house, and the driveway, the house now will meet the 25% hardcover. The only request remaining is for a CUP for fill importation in excess of 100 cubic yards. It would require 300-400 cubic yards of fill for this proposal. Gaffron noted there is also no defined average lakeshore setback to meet as there is no house to the south. The house will be located some distance back from the 0-75' setback. The hardcover in the 75-250' setback is proposed at 24.97%. Gaffron said the plan is realistic. He said the fill would require around 30 truck loads. Documentation by a survey showing hardcover calculations will be required. Peterson noted that the normal precautions would be required regarding fill such as road clean up. Smith moved, Lindquist seconded, to approve the request for a CUP for fill in excess of 100 cubic yards with the inclusion of a survey. Vote: Ayes 5, Nays 0. Hawn was absent from the vote. PLANNING COMMISSION COMMENTS (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL IVIEETING OF AUGUST 12, 1996 No report was given. (#13) PLANNING COMMISSION APPROVAL OF MINUTES OF THE JULY 22, 19961\fEETING Lindquist moved, Peterson seconded, to approve the Minutes of the Planning Commission Meeting of July 22, 1996. Vote: Ayes 5, Nays 0. Hawn was not present for the vote. (#14) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE COUNCIL IVIEETING OF SEPTEMBER 9, 1996 Stoddard will attend the September 9, 1996 meeting of the Council. 21 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 6 2 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 20 AND 21 FILE #2167 WHEREAS, Allen Schefers and Judy Schefers, (hereinafter "the applicants") are the owners of the property located at 2540 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as: Lot 2, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City of Orono for a conditional use permit to allow the importation of approximately 426 cubic yards of fill material in conjunction with the construction of a new residence, where a maximum importation of 100 cubic yards of fill is normally allowed per Municipal Zoning Code Section 10.03, Subdivisions 20 and 21. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2167. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19, 1996 and recommended approval of the requested conditional use permit based upon the following findings: Page 1 of 5 H CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 7 62 NO. _______ _ A) The need for fill in excess of 100 cubic yards is directly related to the required minimum floor elevations associated with adjacency to a floodplain, which eliminated the possibility of excavating the necessary material from the site. B} The proposed grading plan will allow the construction of a driveway and garage located at the main floor level of the proposed residence structure. C) The proposed grading plan will allow for proper drainage away from the proposed residence. D) The proposed fill and grading will not be out of character with the surrounding neighborhood, but will provide a transition between the higher lot to the south and the lower lot to the north. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the effect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow the importation of 426 cubic yards of fill 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 proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03 Subdivisions 20 and 21 to permit the importation of approximately 426 cubic yards of fill material in conjunction with the construction of a new residence on the property, subject to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 62 1. Applicants and their agents shall adhere to the land alteration provisions of Municipal Zoning Code Section 10.56, Subdivision 16(J), and such work shall adhere to the Best Management Practices for Protecting Water Quality in Urban Areas. 2. Applicants and applicants' agents shall be responsible for immediate cleanup of all materials spilled on City roads. 3. Applicants shall adhere to the site plan and grading plan by Coffin & Gronberg, Inc. dated 5/16/96 revised 8/14/96 revised 8/19/96. Any revisions of that grading plan and site plan will require further review by the City. 4. No other conditional use permit or variance approvals are granted with this resolution of approval. 5. Applicant shall obtain a land alteration permit from the City prior to commencing importation of fill. 6. Violation of or non-compliance with any of the 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. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of September, 1996. Page 3 of 5 S'\ I ----. I -------- ---,-• l.ri .:: I, I j I >--a ------~ l:\ --~ /\:77':> -~ ~ ~ ~ t. 'o ~ -~ ~ :::::s ;.A.. if , .,' "- ('. r--- " r-· \-r ....... t ~ <4-,- 0-" . ~ MINUTES OF THE ORONO PLANNING COMMJSSION MEETING HELD ON FEBRUARY 18, 1997 (#7 -#2209 Spring Hill Golf Club -Continued) Mayor Jabbour asked Staff to identify the variances . Gaffron noted the need to fill the wetlands, bluff impacts, and an over-size accessory structure variance . Jabbour inquired about StafPs opinion regarding the time table presented hoting the need for CUP and · building permit. Gaffron said Staff suggested tabling the application in order to answer the questions being generated . Jabbour said he was concerned with a CUP as being perceived as granting approval of the plans. He noted the CUP process is generally faster than that of the variance process . He also asked that the application fees be addressed up front. Gaffron said Park Dedication Fees would not be included as the project is not a subdivision. Jabbour noted the great loss of revenue to the City. Council Member Goetten asked Gaffron to determine what the amount would be if a subdivision was involved . Smith asked Staff to address the trail issue and elaborate on such plans. Lindquist informed her the Park Commission was addressing that concern. Lindquist moved, McMillan seconded, to table Application #2209. Vote : Ayes 5, Nays 0. (Hawn had excused herself from the discussion of this application due to a possible conflict . of interest.) (Schroeder absented himself from the meeting at this time.) (#4) #2205 ALLEN SCHEFERS, 2540 CASCO POINT ROAD -CONDITIONAL USE PERMIT-PUBLIC HEARING 10:36-10:37 P.M. Note: Planning Commissioner Hawn returned to her seat for this agenda item. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was not present. Lindquist moved; McMillan seconded, to table Application #2205. Vote: Ayes 5, Nays 0. SKETCH PLAN/CONCEPTUAL REVIEWS (#9) #2208 JYLAND DEVELOPMENT INC., HUNTER DRIVE AND 6TH A VENUE NORTH -SUBDMSION FOR 4 NEW UNITS The Applicant was represented by Rick Carlson and Mark Gronberg. 20 I \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#2 -#2201 Adams, Fieger, Robb -Continued) Schroeder moved, Smith seconded, to approve Application #220 I permitting private septic system connection through pipes within the City right-of-way including conditions 1-4 as noted. He noted any subsequent neighborhood projects may pose a risk to the pipes and cost of repairing damage would be at the expense of the applicants. · Fieger asked if the City would render a recommendation regarding engineering. Schroeder said they could assist in this manner. Vote: Ayes 7, Nays 0 . (#3) #2205 ALLEN SCHEFFERS, 2540 CASCO POINT ROAD -CONDmONAL USE PERMIT-CONTINUATION OF PUBLIC HEARING 7:47-7:58 P.M. The Applicant was present. Van Zomeren reported that the application is for a conditional use permit to allow for excavation of a pond in a flood plain area to remain. Permits have already been obtained from the MCWD to excavate for a wildlife pond. The CUP from the City for the excavation was not obtained. The applicant has previously obtained a CUP for fill importation in excess of I 00 cubic yards. The application had been tabled to allow for snow cover to melt to view the property and determine the effect of the encroachment on the right-of-way. Van Zomeren indicated the review has shown the pond to hold water. She reviewed the impact on the I 00' right-of-way. The pond has resulted in an improvement in neighborhood drainage. Van Zomeren said Staff recommends approval with conditions: I) the pond maintain a 3: 1 slope for safety purposes; and 2) the pond be maintained without impact to the right-of-way. The applicant had no comments . There were no public comments. Smith asked that the Commission be consistent in their direction regarding a natural landscape for the pond. The applicant said he plans to enhance the pond by cleaning it up and deepening it. He said his plans call for sodding with grass to the edge of the pond. He also intends to add wildflowers, day lilies, and random rock. He presented a landscaping plan. Smith asked that the landscape include cattails, reeds, and prairie vegetation. She indicated the City would like ponds to have a natural look, not sculpted, and be conducive to wildlife . McMillan asked if the road was to be widened .. Gappa said the road width is sufficient. 5 MINUTES OF THE ORONO PLANNING COMMISSION 1v1EETING HELD ON APRlL 21, 1997 (#3 ,.. #2205 Allen Scheffers -Continued) Lindquist moved, Schroeder seconded, to approve Application #2205 with conditions 1 and 2 as noted. The applicant is to w:ork with Staff regarding the creation of a natural looking pond. Vote:· Ayes 7, Nays 0. . (#4) #2214 CARMEN AND RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES -CONTINUATION OF PUBLIC BEARING 7:58-8:24 P.M. The Applicant was present. Van Zomeren reported that the application had been tabled to allow recalculation of the numbers. The applicant has submitted a revised site plan. She noted Staff met on site with applicant and the County. The County approves the location due to sight lines and curb cuts. The plan is considered an improvement. By switching locations of the porch · and deck, they are now located outside of the average lakeshore setback. Steps are allowed within that setback. Van Zomeren noted that the adjoining properties have decks located ahead of the average lakeshore setback as well as more hardcover than that of the applicant. Van Zomeren indicated the proposal will result in a reduction of hardcover in the 0-75' setback.· A structural coverage variance will be required. Allowed is 15% or 2058 s.f The residence exists at 1948 s.£ or 14.2%. The proposed structure is 2837 s.f. or 20.67%. It was noted that the 3' overhang is consistent with the design of the residence · but results in the need for a side yard variance. A hardcover variance in the 75-250' setback is also required. Van Zomeren said Staff recommends approval or amendment. She recognized the improvement to the driveway and the reduction in the average lakeshore setback. The applicant had no comments. There were no public comments. Hawn said she is concerned with the excess structural coverage. She suggested the garage dimensions be changed and pushed back on the lot. Koziclcy noted a portion of the garage is for laundry room and entry improvement. It was clarified that while the family ro_om and deck have been reduced in size, the deck had not been previously included in the . calculations. A deck located 61 above grade should be included in the calculations. Schroeder asked how the structural coverage compares with other homes in the neighborhood. Van Zomeren said the property currently has the least amount of hardcover. The improvements would result in coverage similar to other homes. Acknowled~ent letters signed.by neighbors were noted. 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Allen Scheffers 2540 Casco Point Road Orono, MN 55391 ZONING FILE #2205 NOTICE OF PLANNING COMMISSION ACTION· DATE OF NOTICE: 4/22/97 COPIES TO: TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 4/21/97 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below: 1. The applicant will grade the slopes around the pond to a ratio of 3: 1 or less. 2. The applicant shall maintain the pond in a manner that does not adversely impact the right-of-way and roadway. 3. The applicant will landscape the area around the pond with natural vegetation, such as cattails and prairie vegetation. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council April 28, 1997, meeting starts at 7:00 p.m. ch \ CITY OF ORONO 2750 Kel1!1y Park· ·~a~, P.O; Box 66 Crystal Bay, tJ's '";~1,1;\.. \ ..t'"'\ Phone (612) 473.73 ;:, > Fax 4 13 -! 0510 ' ! ·,. i- ~ I I \ selback area . 7. _#2225 John Theobald , owner or lhe properly localed al 4101 Highwood Road, requesls renewal or lol area, 101 widlh, slreel setback, ea st and wesl side setbacks and hardcover 10 remove an existing residence and conslruct a new residence . The Planning Commiss ion will hold . \ public hearings in tha Council Chambers al \ 8 . #2226 John and Susanne Koob, 2780 Kelley Parkway on Monday. April 21, ,. owners ol lhe properly localed al 3065 1997, beginning al 7:00 p .m., on lhe maller ol Jam eslown Road , requesl a condilional use reviewing lhe following land use applicalion s: permi l for grading and filling to allow lor a 1. #2201 George '.!I.dams, James Fieger and S.T: Robb , Jr. ol 510, 580 and 590 Big Island, requesl approval of a p ermit for private seplic system improvem en ts in lhe street righl-of-way within the plal of Pleasanl View Lake Minnelonka . 2 . #2205 Allen Schefers, owner of the property located at 2540 Casco Point Road, requesls a condilional use permil for excavating a wetland pond in flood fringe and floodway districts . tJ'"rm . \ 9·. #2227 Gary Tucker, owner of the ptoperly located at 3466 Ivy Place ,. is reij ue sling variance s for hardcover, lol cover<'ge, side yard selback, and average · laktJst,cre selback lo allow replacemenl and. ex~'onsion r.f a deck . . 10. #2228 . Frank and Kalhleen St./ Lawrence, owners ·of lhe property localed al ; 253 Cygne! Place , are requesling variances : for side yard se lback anci h::irdcover in lhe 0~1 75 ' selback lo conslrucl an atJdilion al -;,:;.;ga stall and remodel an exisl ing residence. I . 11. #2229 Charles and Pam ela ' Schroeder, owners of the property at 192 5 : Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below : A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A .02, 331 A.07, and other applicable laws, as amended. B.) The printed bJ Im 4r&;Jirio 3 . #2214 Carmen and Richard Kozicky, owners of lhe properly located al 2016 Shadywood Road, are requesling variances for average lakeshore setback, hardcover in lhe 75-;!50' setback area and side yard to remodel an exisling residence to add a family room and new garage. setback from a prot ecled stream to allow _______________________ _ Wesl Farm Road, req uest variances tor i 4. #2217 John Thimmesh , owner or lhe properly localed at 1945 Fagerness Poinl Road , is requesling variances for rear setback and hardcover in the 75-250' selback to allow for an addilion of a storage area lo the east side of the exisling re side nce . 5 . #2221 Sven A. Wasberg and Arlene Decandia, owners of lh e properly localed al 3115 Norlh Shore Drive , are requesling variances for lol area, lol width, hardcover in lhe 0-75' selback, average lakeshore selback and side yard to remove an exisling residence and conslrucl a new residence. 6 . #2222 Joseph Voc hko , owner of lhe property located al 2925 Ca sco Poinl Road, requests a condilional use permil for land alteralion to allow a relaining wall and a variance lo allow hardcover in lhe 0-75' con slrucl ion or a workshop . · · • 12. #2230 Georgine _Hack ney, owner or ; th e property localed 2184 Shadywood Road, reque sts a variance for a side yard setback to allow remode ling of a kilchen in an existing residence . All persons wishing lo be heard are encouraged to allend this meeling . Writlen commenls are soliciled . Plans are available in lhe Cily Offices for review, by appoinlment. For an appoinlmenl call 473-7357 . Cily or Orono By : Plann ing Commission Eli zabe lh Van Zomeien Planner/Zon ing Adm inislralor (Publish ed in The Lake r and Pioneer April 5, 1997) which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was firs! published ~nda_Y- the 5 day of , ./(Lb · 19i 1Z , and was thereafter prited and published every Monday, to and including Monday, the. ___ day of _______ 19 __ ; &IL&---: Authorized Agent Subscribed and sworn to me on this By: o ary ·,:·•sr1 HOLM NC.. ·UBLIC-MINNESOTA MV t;OMM. EXPIRES HIH!OOO Rate Information ublic; (1) Lowest classified rate paid by commercial users for comparable space: $12 .20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above mailer: $7.00 per inch. Each additional successive week: $5.05. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Allen Schefers 9001 Grand Ave. S. Bloomington, MN 55420 ZONING FILE #2205 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 21, 1997 COPIES TO: TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 2/18/97 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled until the snow cover melts so that inspections staff and City Engineer can review the location of the pond and impact on right-of-way. ch To: From: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator Date: February 6, 1997 Subject: #2205, Allen Schefers, 2540 Casco Point Road--Conditional Use Permit- Public Hearing Zoning District: LRl-C One Family Lakeshore Residential District (1/2 Acre) 4 Application: The applicant is requesting a conditional use permit to allow for excavation of a pond in a floodplain area to remain. The applicant obtained a permit from the Minnehaha Creek Watershed District to excavate to allow a wildlife pond, however, a conditional use permit for the excavation was not obtained from the City. The applicant has previously obtained a conditional use permit for fill importation in excess of 100 cubic yards. List of Exhibits A. Application B . Plat Map C. Property Owner's List D. Site Plan E. Minnehaha Creek Watershed District Permit F. Survey G. Excerpts from Minutes from Previous City Council and Planning Commission Meetings regarding the Conditional Use Permit for fill importation H. Resolution #3762 granting a conditional use permit for fill importation Pertinent Ordinances: 1. Section 10.55, Subdivision (A) Definition of Floodway District The Floodway District shall include those areas designated as floodway in the Flood Insurance Study, including without limitation the surface and shoreline of Lake Minnetonka below elevation 929 .4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary highwater elevation, and the designated floodway of all streams and #2205, 2540 Casco Point Road Allen Scheffers--C. UP. for excavation page--] February 7, 1997 \ 2. flowage areas. Section 10. 55, Subdivision (B) Definition of Flood Fringe District The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka between elevation 929.4 MSL and 931.5 MSL, the area between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet flow areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetland soils, whether or not there is water standing on those soils at any given time. 3. Section 10. 55, Subdivision (8) Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. 4. Section 10.55, Subdivision (9)(B)(2) Floodway District Conditional Uses All dredging or excavation of material from any lake bed, pond, or wetland or from land adjacent thereto. 5. Section 10.55, Subdivision (J0)(B)(l) Flood Fringe District All conditional uses as listed in the Floodway district. 6. Section 10. 55, Subdivision (12) Conditional Use Permit Review. Applications for conditional use permits shall be reviewed by the Planning Commission and the Council in the same manner as other zoning conditional use permit applications. No conditional use permit shall be issued unless the applicant, in support of his application, shall submit certified engineering data, surveys, site plans, flowage calculations, and other information as the City may require in order to determine the effects of such development on the affected land and water areas. #2205, 2540 Casco Point Road Allen Scheffers--C. U.P. for excavation page--2 February 7, 1997 Description of Request The applicants obtained the site at 2540 Casco Point Road in October of 1995. In 1996, they began construction of a new house on a previously vacant lot. The new residence required a conditional use permit for fill impmiation to raise the lot to a suitable elevation to prevent basement flooding. The applicant has removed debris from the lot, including the pond area and has received a permit from the Minnehaha Creek Watershed District to excavate the pond area. The applicant has stated that he did not realize that he also need a conditional use permit for excavating the pond, however, Resolution #3762 set forth the conclusions and conditions for granting the original conditional use permit for fill importation. The site plan that was submitted for the fill importation did not show that a pond would be excavated on the site. The proposed wildlife pond may be located in a floodway or flood fringe area. The applicant's drawing shows the lowest elevation of the pond at 826.0 feet. Any excavation in either a floodway or flood fringe area requires a conditional use permit. Issues for Consideration Although the applicant has received a permit from the Watershed District to excavate the pond, a conditional use permit from the City of Orono is also required. The information as submitted is deficient to determine the potential impact. Further, the existing ponding area appears to be located in the 100' right-of-way for Casco Point Road. The applicant has flagged the two monuments that determine the property line along the road easement, but with the current snow cover it is not possible to accurately determine the elevations or the proximity to the road. Staff Recommendation Staff recommends that this application be tabled until the weather allows for the applicant's surveyor to prepare a survey with the following information: 1. Depth of pond 2. Cross section of pond indicating slope ratio of no greater than 3 to 1 3. Spot elevations showing the floodplain contour in relation to pond Further, the applicant must submit a letter for the public record indicating the purpose of the pond and the rationale for excavating it. #2205, 2540 Casco Point Road Allen Scheffers--C. U.P. for excavation page--3 Februmy 7, 1997 CITY OF ORONO 2750 Kelley Parkway, P.O .. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473- 0510 . The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 18, 1997, beginning at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2205 Allen Schefers, 2540 Casco Point Road, requests a conditional use permit for the excavation of a pond with possible encroachment of the floodplain where no such alterations are allowed'. 2. #2206 Elaine & Steve Silus, 3235 Casco Circle, request variances for excesses of hardcover within the 75'-250' and 250' to 500' setback areas, and encroachment of the average lakeshore setback to allow for the replacement of the existing residence with a new residence. 3. #2207 Jonathan & Theresa Hofer. 3339 Crystal Bay Road, request variances for excesses of hardcover within the 0'-75' setback areas, encroachment of the average lakeshore setback, and lakeshore setback to allow for a 2nd floor addition above the existing garage. 4. #2209 Spring Hill Golf Club, 700 Spring Hill Road, requests conditional use permits for construction of a golf course, club house and maintenance facility on 160 acres of land within the City of Orono located south of County Road 6 and north of Spring Hill Road, and east of Tamarack Drive North of County Road 6. The property is zoned RR-1 B and RR-1 B-1 Single Family Rural residential, in which golf courses are an allowed use via -conditional use permit. A conditional use permit is concurrently requested for land alteration involving the · movement of approximately 350,000 cubic yards of earth. The application includes variances tor alteration of wetlands and bluff impact zones. 5. #2210 Kent E. Swanson, 3229 B Casco Circle, requests variances for encroachment of average lakeshore setback, lakeshore setback, and hardcover excesses within the 0'-75' setback area to allow for the reconstruction of an upper level deck at the lakeside of residence. All persons wishing to be heard are encouraged to attend the meeting. Written comments are solic:ted. Plans are available in the City office tor review, by appointment. For an appointment call 473-7357. City of Orono By: Planning Commission Elizabeth A. Van Zomeren City Planner (Published in The Laker and Pioneer, Feb. 1, 1997) ';< .-, '-..1,., .v ~ ... .;,,, Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for -~-successive weeks: It was first published Monday, the J st day of February 19..9.L, and was thereafter printed and published every Monday, to and including Monday, the, ___ day of ______ ...,...19 --; ~nt Subscribed and sworn to me on this 1st By: NOT!·· f'UBLIC-MINNESOTA MY COMM. EXPIRES 1-31•2000 Rate Information Public (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Gemar, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2205, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 31st day of January, 1997. ~ Jami~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 18, 1997, beginning at 7:00 p.m., on the matter ofreviewing the following land use applications: 1. #2205 Allen Schefers, 2540 Casco Point Road, requests a conditional use permit for the excavation of a pond with possible encroachment of the floodplain where no such alterations are allowed. 2. #2206 Elaine & Steve Silus, 3235 Casco Circle, request variances for excesses of hardcover within the 75'-250' and 250' to 500' setback areas, and encroachment of the average lakeshore setback to allow for the replacement of the existing residence with a new residence. 3. #2207 Jonathan & Theresa Hofer, 3339 Crystal Bay Road, request variances for excesses of hardcover within the 0'-75' setback areas, encroachement of the average lakeshore setback, and lakeshore setback to allow for a 2nd floor addition above the existing garage. 4. #2209 Spring Hill Golf Club, 700 Spring Hill Road, requests conditional use permits for construction of a golf course, club house and maintenance facility on 160 acres of land within the City of Orono located south of County Road 6 and north of Spring Hill Road, and east of Tamarack Drive North of County Road 6. The property is zoned RR-lB and \· RR-lB-1 Single Family Rural Residential, in which golf courses are an allowed use via conditional use permit. A conditional use permit is concurrently requested for land alteration involving the movement of approximately 350,000 cubic yards of earth. The application includes variances for alteration of wetlands and bluff impact zones. 5. #2210 Kent E. Swanson, 3229 B Casco Circle, requests variances for encroachment of average lakeshore setback, lakeshore setback, and hardcover excesses within the 0'-75' setback area to allow for the reconstruction of an upper level deck at the lakeside of residence. All persons wishing to be heard are encouraged to attend the meeting. Written comments are solicited. Plans are available in the City office for review, by appointment. For an appointment call 473-7357. City of Orono By: Planning Commission To be published the week of February 3, 1997. Elizabeth A. Van Zomeren, City Planner CITY of ORONO April 2, 1997 Allen Schefers 9001 Grand A venue South Bloomington, MN 55420 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Application #2205 -2540 Casco Point Road, Conditional Use Permit for Land Alteration Dear Mr. Schefers: I am writing to inform you that I have rescheduled your application for the City Planning Commission meeting on April 21, 1997 beginning at 7:00 p.m. Please contact me at 473-7357 to let me know if this is acceptable and if you are able to attend the meeting. I also need your new temporary address. Sincerely, ~'-ti-Ji/~,._, f~) Elizabeth Van Zomeren Planner/Zoning Administrator LVZ/lsv cc: Minnesota Green Landscaping, 1785 West County Road 42, Shakopee, MN 55364 Telephone (612) 473-7357 • FAX 473-0510 ~ 2,2 0-S Ac:i ch-e__ss-:-1. ~ ~ :zn~; n~ : Le.\-C.. 6 1'1 t: H1 rr ,~ l~ Lo.tes h ote 12-e. ( L~ 'S"1ie t e C 1/ 2 o. e ve') C.. u f. 1Uv "") '/C O ·J I I V1 0 flo od +Y tn~ ..9-19 .4 --.9~1 .<"' ~t ood w J <9 2 9 ,4 -\ S 5 L.iJ~, -e._ )(_c o.. uet--h V'\ '5' ha s o c c r " e d r e..c -e. 1 ~ E'd p e ,1 ·r": ~ f n; , · ,J o t-&s~ o ~ o 1 }--1 · ·.-{ -h a. J ~la. s se .d-rn d::Q,,v r c..1~{s Cor\cex-V'\ QboL,\..\.-IM pod Y' Q, o, 'JJ . be\1:C,ve l'/V\~rD1 e~ -Pri~ ,;·1+v, ,..1.4 1oh CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DAT A PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. , 6. Your full name is required to process this application or permit. /f J / €:,/] ;Jo b h ~ vh e-te-/1 _s· First Address Middle /1. State Last SSl(Ro Zip Telephone ( 12) 473-7357 • FAX 473-0510 8 ?k1/-t 0t-( Phone Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: admin@mnwatershed.org Web Site: www.mnwatershed.org Board of Managers: John E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple, Jr. Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director ~ Printed on recycled paper containing \:ti at least 30% post consumer waste. Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life Pursuant to Minnesota Statutes Chapter 1030, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Allen Scheffers Permit No: 96-211 Location: 2540 Casco Point Road, Orono Purpose: Excavation of a wetland for a wildlife pond. Date of Issuance: 10/21 /96 Date of Expiration: 10/21 /97 This permit is not transferable, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit is required. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. (Statement concerning fees for inspections, violations, etc ... on reverse) I. ½ f i ~ 588484 -170 CERTIFICATE OF SURVEY FOR ALLE~N SCHEFEl~S OF LOT .. 2, BLOCK 6, TOWNSIT[ C)F l __ ANGDON HENNEPIN COUNTY, lvll~~NESOT A P/\RK ~cP c,~ J1 /.. ·. 00 ··(9~,?-0) /lb· sr-····(9?.o) 0~ . ~~ <?&~ 1._c(\l·g) V .. ., & 1 ....r .Jb ,,... .,,,, X) .,,. 7,. 0 4"0 -t,c,::, '+-y ~ "( r: <:, ~ LEGAL DESCRIPTION OF PREMISES : Lot 2, Block 6, TOWNSITE OF LANGDON PARK o : denotes iron marker (937.9) : denotes existing spot elevation, mean sea level datum 1945.9] : denotes proposed spot elevation, mean sea level datum Bearings' shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the proposed location of a proposed house thereon. It does not purport to show any other improvements or encroachments. /,;-"'r'-'fe./ E" lt't/A ,'-,-',,,..r ;} 6' .-if e,,., e,. .f z) r";;..r; ,rlPPr J') (r-.4rA!I e :: ?'.i'S.S ..-'14.{,5 = 945,S ll-"H>f '1.15. 5' ~"t,V( ;( l'l1J-~J° ... ('114,1) , .... ,_I A~7ACftuT :;.,1/fACf /:l{)(I/. (,11. c,) :'Ji\ 0 I.!:!~. ·-\._p··· ,'\ 1,'i / n 1 ·1/ "-1/' / ~' ,, ~/ '2'<' • '11<11</ ·0e :s'':)C) / ,,0-e ~ v" S '::> / ~-lei ~'-0 h... . /+ .. <:; cP ~x---~✓ ,:i,°'· A~ •• • I>< •. C?> ~ "\ V 'v-t~~~~ I hereby certify that thi<; survey was prepared by me or under my direct super vision, and that I ;im ;i d•dv regi5tt1 n•, I Ci 1;i( En 1:i,wer ;ind L;ind Surveyor under the la1\"" ()f lhP St,1te nf !'vlinnesot;i. DATE 5•f6•96 ly•µ. <!"· • rn SCALE j 1 1 :. 40' ~ .~L~ ____ __..:.J:: Mark S. Gronberg Minnesota License Number 12755 JOB NO. 96-170 V