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Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Thursday, January 10, 2008 4:20 PM To: 'Jensen, Matthew D' Cc: Christine Mattson Subject: Billing Question -2821 Casco Point Road. Matt: I'm sorry to have to bother you with this, but we're getting bothered by Mr. Demshar. I don't think he understands that you did him a favor by not requiring him to reconstruct the walls with an engineered plan. I know you did a lot of information gathering before you wrote the July 6 letter, so I'm surprised there was only two hours of time billed to the end of July. But there is nine hours billed for the inspection and letter in August/September. Can you help me explain this to Mr. Demshar? Evelyn 952-249-4623 1/11/2008 ROLL MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 16, 2007 6:00 o'clock p.m. The Orono Planning Commission met on the above mentioned date with the following members present Acting Chair Dick Kroeger; Commissioners Kim Kang, Tess Rice, Michelle Winer, Ralph Kemp , and Alternate Janice Berg . Representing Staff were Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner; and Recorder Jackie Young . Council Member Lili McMillan was present. Acting Chair Kroeger called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF MINUTES *1. PLANNING COMMISSION MEETING OF JUNE 18, 2007 Berg moved, Winer seconded, to approve the minutes of the June 18, 2007, Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. CONSENT AGENDA Acting Chair Kroeger opened the public hearing for the consent items at 6:02 p .m. There were no public comments regarding these items. Acting Chair Kroeger closed the public hearing at 6:04 p.m. *2. #07-3294 RON DEMSHAR, 2821 CASCO OINT ROAD , CONDITIONAL USE PERMIT (ATF) Berg moved, Winer seconded, to recommend approval of Application #07-3294, Ron Demshar, 2821 Casco Point Road, granting of a Conditional Use Permit. VOTE: Ayes 6, Nays 0 *3. #07-3299 MIKE BENEDICT/JAMES LOWE ID, 25/105 ORONO ORCHARD ROAD NORTH, SUBDIVISION: LOT LINE REARRANGEMENT Berg moved, Winer seconded, to recommend approval of Application #07-3299, Mike Benedict/James Lowe ID, 25/105 Orono Orchard Road North, granting of a lot line rearrangement. VOTE: Ayes 6, Nays 0. *4. #07-3300 JOHN O'MALLEY/WILLIAM MCGUIRE, 290/315 WOODHILL ROAD, SUBDIVISION, LOT LINE REARRANGEMENT Berg moved, Winer seconded, to recommend approval of Application #07-3300, John O'Malley/William McGuire, 290/315 Woodhill Road, Subdivision, granting of a lot line rearrangement. VOTE: Ayes 6, Nays 0. PAGEl CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Ron Demshar and Margaret Martin 2821 Casco Point Road Wayzata MN 55391 ZONING FILE #07-3294 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 24, 2007 COPIES: Botanize 319 Shimmcor Street Mayer MN 55360 TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: July 23, 2007 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the three original resolution copies at the City Offices (Monday through Friday7:30 to 5:00, Friday 7:30 to 11:30). All persons with an interest in the property must sign the resolutions. This approval is limited to the extent shown on approved plan and as noted in the approval resolution. A building permit must be obtained no later than September 24, 2007. 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. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Date Application Received: 5/22/07 Date Application Complete: 6/22/07 60-Day Review Period Expiration: 8/21/07 REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner Title: City Planner Item Description: Administrator Approval: #07-3294 Ron Demshar, 2821 Casco Point Road -Conditional Use Permit Zoning District: LR-lC (0.5 acre) Lot Area: 0.39 acres Lot Width: 60 feet List of Exhibits: A -Resolution per Planning Commission recommendation B -PC Action Notice dated July 16, 2007 C -PC Memo & Exhibits of July 16, 2007 Date: July 23, 2007 Item No. Agenda Section: Application Summary: Applicant requests an after the fact conditional use permit for retaining walls within the Oto 75 foot zone to allow the existing retaining walls to remain as constructed. The request includes a hardcover variance to allow the hardcover associated with the retaining walls to remain when no hardcover is allowed in the Oto 75 foot zone. Planning Commission Recommendation On July 16, 2007, Planning Commission voted 6 to 0 to recommend approval. Planning Staff Recommendation Approval of the Conditional Use Permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING A HARDCOVER VARIAN CE FROM MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT FOR RECONSTRUCTION AND CONSTRUCTION OF RETAINING WALLS WITHIN THE O -75 FOOT SHORELAND ZONE PER SECTION 78-966 FILE NO. 07-3205 WHEREAS, Ronald E. Demshar and Margaret L. Martin, husband and wife, (hereinafter "the Owners") are the owners of the property located at 2821 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as Lot 118, Spring Park, and that part of Lake Shore A venue, now vacated, lying between extension across it of the side lines of said lot and including the land lying between said vacated avenue and the shore of Lake Minnetonka, lying between extensions across said strip of land on the side lines of said Lot 118, according to the recorded plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota; and WHEREAS, the owners have made application to the City for a conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow construction and reconstruction of retaining walls within the 0-75 foot shoreland zone; and WHEREAS, the Owners have made application the City for a variance from Orono Municipal Zoning Code Section 78-1288 to allow the hardcover associated with the retaining walls when no hardcover is allowed in the Oto 75 foot zone; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2007, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 4 1. This application was reviewed as Zoning File #07-3294. 2. The Planning Commission reviewed this application on July 16, 2007 and on a vote of 6 -0 recommended approval of the conditional use permit for construction and reconstruction of retaining walls within the 0-75 foot shoreland zone and a hardcover variance for the associated hardcover based on the walls being necessary to maintain the steep slope and preserve two large trees. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit for retaining walls within the 0 to 75 foot zone and a variance to allow the hardcover associated with the retaining walls in the Oto 75 foot zone, subject to the following conditions: 1. Council approval is based on the site plan submitted by the owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 4 2. Hardcover associated with these retaining walls shall be limited to 48 square feet. Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the walls before September 24, 2007 or the variance will expire on that date. 4. 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. 5. The undersigned Owners have read, understand, and hereby agree to the terms of this resolution and on behalf of the owners and the owners' 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 the 23rd day of July, 2007. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Ronald E. Demshar Margaret L. Martin Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _ day of _____ , 2007 by Ronald E. Demshar, husband of Margaret L. Martin. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this _ day of _____ ., 2007 by Margaret L.Martin, wife of Ronald E. Demshar. Notary Public Page 4 of 4 .. . _:~ -: :'. ' ' . . ... .. · woq·ou1ez1uB+oa·MMM .•.· .. · · ... · • i ~ vG-:8~17 (G96f :XB::1. •:• 6 (~L~ ~Lb-(c:;95)':euol.jd , .. . 09899:Nl/\l 'J9Al31i\1 •·+89J+SJOOWW!L(S 6 ~8< >· . . . . . ·. ' . . . .. ·• . . . : ' . ' ~ . •·•ii11~, .····.··•ciiifl,i&.>jflilc~ia"ciii•:11 CITY OF ORONO ZONING FILE #07-3294 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: July 16, 2007 TO: Ron Demshar COPIES: 2821 Casco Point Road Wayzata MN 55391 TYPE OF REQUEST: Conditional Use Permit DATE OF MEETING: July 16, 2007 Planning Commission recommended approval. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council-July 23, 2007 -Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 5/22/07 Date Application Considered as Complete: 6/22/07 60-Day Review Period Expires: 8/21/97 To: From: Date: Chair Kempf and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner July 16, 2007 Subject: #07-3294 Ron Demshar, 2821 Casco Point Road -Conditional Use Permit -Public Hearing Zoning District: LR-lC (0.5 acre) Lot Area: 0.39 acre Lot Width: 60 feet Application Summary: The owner requests an after the fact conditional use permit for retaining walls within the 0 to 75 foot zone to allow the existing retaining walls to remain as constructed. The request includes a hardcover variance to allow the hardcover associated with the retaining walls to remain when no hardcover is allowed in the 0 to 7 5 foot zone. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. Sec. 78-911. Purpose. In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the FILE 07-3294 July 16, 2007 Page 2 of 2 objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. Sec. 78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form, if on the basis of the application and the evidence submitted the city makes the following findings: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (3) That the proposed conditional use will comply with each of the applicable provisions of this chapter. List of Exhibits A. Application B. Plat Map C. Wall Plan D. Property Owners List E. Photographs of Wall taken by Applicant and Staff F. City Engineer's Report Background The Applicant's property has a steep lakeshore, with the top of the slope about 25 feet above the lake. Sometime between April and September 2006 the Applicant hired a contractor to replace a retaining wall and add additional walls above it. Neither the contractor nor the Applicant realized that City approvals were required. Staff spotted the walls on the annual shoreline inspection boat trip. Issues for Consideration The City Engineer has determined the walls are necessary to maintain the slope. It appears no significant trees were removed to construct the walls while two large trees were protected from being undermined by erosion. The walls are constructed of brown-stained timbers. The Applicant has planted large shrubberies between the walls to control erosion and obscure the walls. The deck is not part of this application. It was there before the walls were constructed. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the conditional use permit for the retaining walls and of a variance for the associated hardcover. .· ' '._ ; .. lf, '., rE'~ THC' F!r2:lic~ti~? t '3 2°(~/c r,,,,., ·-,, ·· ·· "•-, ,o Date Received 5 /z..z/(S 7 ~ ,uo Amount Paid ,a:. l_pc:D .,,c -+ s ---- CITY OF ORONO -GENERAL LAND USE APPLICATION A-T<F e v-.e. l,~f) . I· PROPERTY LOCATION ., Site Address fflrb{ La~ .Pe>~I/\J ~ Type of Application to be Filed ~dtf,~J u;: ~w:,,,f Property Identification Number (P .I.D .) ;;o ~ J/7 -tP3 :3~ 6?t;>q APPLICANT Name :::Tun ~em -5 hcif2.-.. Phone (home) 92;;2;,;7t-o=!j.: Pho~e(work) !5t: ~2(~C>fa8 Address dB£ ( ]?o, RcL City /.!Jay Zip 55"5'9/ OWNER (if different than applicant) Name --------------------------Phone (home) _________ Phone (work) _________ _ Address City _______ Zip ___ _ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land . FEES -CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use • ---___ $600.00 Institutional (church, school, etc.) ---$600 .00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg $600 .00 Commercial/Industrial Use ---v $600 .00 Land Alteration + Permit __ Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu . yd . or more v Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule --- ___ $250 .00 Renewal Fee (no change from original application) ---After-the -Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation --- $600.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ---$600 .00 Rezoning (PUD -refer to fee schedule) $600 .00 Comprehensive Plan Amendment --- $100.00 Appeals --- Other -see Fee Schedule #3294 5 REQUIRED SUBMITTALS #3294 1. 2. 3. 4. 5. 6. 7. 8. 9. ---Completed Application Form. --Describe request in detail. __ Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. ___ Attach legal description to application if not included on required survey. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). __ . List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) ·if not current owner(s). __ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled 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 I Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature _________________ Date _____ _ 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 em ers fo r ses of investigation and verification of this request. Own~f's si~rnaf~'~e ..,.,c....,.....=.....;-.f.!-__,=:..,::__-----------Date 5'" r~ ~ ApplicaJ,1t rriµst have all,. s'ubmittals into the City offices 25 days before the Planning Commi sion eeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 6 Hennepin County Variance Mar ) (20) (19) -- (15) (14) (13) (12) 20 -117-23-32 Parcel Information: Parcel ID: 20-117-23-32-0009 Owner Na me : R E DE MSHAR & M L MARTIN Pa rcel Address: 282ICASCO POINT RD ORONO MN, 55391 Buffer Size : 350 ft. I / Date Printed: 6/6/2007 11 :27:31 AM ___ #32__9 4 I I -........./ / I --/ I / -<~ J _, / ---- , / / http://bugle/MailingLabels/popMap.aspx?LayerID=94&0bj ectID= 195 84 7 &Buffer=3 50&C ... 6/6/2007 RUN DATE, 616/2007 38 20-117-23 23 0011 HENNEPIN FORFEITED LAND 38 20-117-23 31 0009 A A MILLER & J ARTEMIUK 3753 CASCO A VE ALISA A MILLER 3753 CASCO A VE WAYZATAMN 55391 38 20-117-23 31 0014 HENNEPIN FORFEITED LAND 38 MN 55323 38 20-117-23 310056 RE WOLFE 2871 CASCO POINT RD RE WOLFE 2871 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0067 B L LINDGRENIE L LINDGREN JR 2868 CASCO POINT RD BRENDA & EVERETT LINDGREN JR 3020 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0008 DAVID J YORKS & WIFE 2825 CASCO POINT RD DAVID J YORKS 2825 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 32 0011 KMBOWE&KMBOWE 2815 CASCO POINT RD KURT & KELLE BOWE 28 I 5 CASCO POINT RD WAYZATAMN 55391 RUN DATE, 6/6/2007 38 20-117-23 32 0014 JM&PSBAILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0017 TAMMY L WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 2818 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 32 0020 TODD J THE!LMANN 2799 CASCO POINT RD TODD J THEILMANN 2799 CASCO POINT RD WAYZATA MN 55391 HENNEPIN COU tOPERTY INFORMATION SYSTEM (PROPERTY OWNEIIS LIST) 38 20-117-23 23 0012 CAMILLE M WESEMAN 2776 CASCO POINT RD CAMILLE M WESEMAN 2776 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0010 BRUCE D MADDEN ETAL 3759 CASCO AVE BRUCE D MADDEN 3759 CASCO AVENUE WAYZATA MN 55391 38 20-117-23 310015 38 20-117-23 31 0057 ROSEMARY C IVERSEN 2835 CASCO POINT RD ROSEMARY IVERSEN 2835 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0006 D S SHEPHERD & E F SHEPHERD 2824 CASCO POINT RD DAVIDS & EMILY F SHEPHERD 2824 CASCO POINT RD WAYZATA~IN 55391 38 20-117-23 32 0009 RE DEMSHAR & ML MARTIN 2821 CASCO POINT RD RONALD E DEMSHAR MARGARET L MARTIN 2821 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0012 CA PRICE & CD PRICE 2813 CASCO POINT RD CAROL A & CHARLES D PRICE 2813 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0016 JOY ARLENE GRUNDEEN 2797 CASCO POINT RD JOY A GRUNDEEN 2797 CASCO PT RD WAYZATAMN 55391 38 20-117-23 31 0011 DEAN V GREIMANN 38 ADDRESS UNASSIGNED DEAN V GREIMANN 3779 CASCO AVE WAYZATAMN 55391 38 20-117-23 31 0016 38 20-117-23 31 0066 DEAN V GREIMANN 3779 CASCO A VE DEAN V GREIMANN 3779 CASCO A VE WAYZATAMN 55391 38 20-117-23 32 0007 B E PETERSON & M P PETERSON 2829 CASCO POINT RD BRYCE E PETERSON AND MARY PAT PETERSON 2829 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0010 WESLEY C & BRENDA BYRNE 28 I 7 CASCO POINT RD WESLEY C & BRENDA BYRNE 2817 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0013 THERESA A NORSTED 281 I CASCO POINT RD THERESA A NORSTED 2811 CASCO POINT RD WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 20-117-23 32 0015 ROGER H FROMMEL T & WIFE 2805 CASCO POINT RD ROGER H FROMMELT 2805 CASCO PT RD WAYZATAMN 55391 38 20-117-23 32 0018 JEFFREY P COLE ET AL 2794 CASCO POINT RD JEFFREY P COLE 2776 CASCO PT ORONO MN 55391 38 20-117-23 32 002! KL RENNICK & D S RENNICK 3799 CASCO AVE KENNETH & DEBRA RENNICK 3799 CASCO AVE WAYZATAMN 55391 38 20-117-23 32 0016 THOMAS B KING JR/SUBJ LE 2800 CASCO POINT RD SHARON KING 2800 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0019 GD & BS CZERWINSKI 280 I CASCO POINT RD GREGORY DIBETH S CZERWINSKI 280 I CASCO POINT RD WAYZATAMN 55391 Hennepin County Oblique Aeri Qls H Hennepin County Oblique Aerials Images courtesy of: Microsoft© Virtual Earth TM 2006 Flight Date : April 2006 http:/ /www 13 .co.hennepin.mn.us/PropertyMapBeta/Birdseye.aspx?PID=2011723320009 Page 1 of 1 ):\._ ~ Prir 12/18/2006 A pr !i ca;,t's Photograp h~ 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com July 6, 2007 #'eonestroo Ms. Evelyn Turner Planner PO Box 66 Crystal Bay, MN 55323 Re: Timber Retaining Walls -2821 Casco Point Road City of Orono Bonestroo File No.: 000139-07000-1 Dear Evelyn, I have reviewed the information submitted for the timber retaining walls at 2821 Casco Point Road. The walls were constructed to replace deteriorated walls on the property. After phone discussions with the retaining wall contractor, we believe the walls were constructed using typical timber wall construction practices. The walls are approximately four feet tall and are supported with timber "deadmen" at reasonably spaced intervals. Also, the contractor states that drainage was provided behind the wall. We believe this is an adequate installation. Since no design drawings or calculations were submitted prior to wall construction, we did not conduct an engineering review. Bonestroo does not assume any liability for these walls. If you have any questions, please call me at (651) 604-4835. Sincerely, BONESTROO ~ ~~1 Structural Engineer Cc: Tom Kellogg -Bonestroo Encl. Botanize Wall Drawing CITY of ORONO Street Address: Ronald Demshar and Margaret Martin 2821 Casco Point Road WAYZATA MN 55391 Dear Mr. Demshar and Ms Martin: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Last December I sent you a notice about your lakeside retaining walls. Barry Hazelton from Botanize promptly contacted me and is working toward applying for the required conditional use permit. One issue that needs to be resolved before he makes application is the design of the walls. Because of their height and spacing the design must be certified by a Professional Engineer. Since it was not, the City Engineer is examining the walls and talking with Mr. Hazelton about how the walls were constructed. The City Engineer asked me to find out if there were or are any drainage or erosion problems in this area. · Please call me at 952-249-4623 or email me at eturner@ci.orono.mn.us or send me a letter. s·incerely, ~.(2___ k/;;:rner City Planner cc: Barry Hazelton (by fax) 'Telephone (952) 249-4600 ° Fax (952) 249-46l6 www.ci.orono.mn.us KBH CONSULTING February 20, 2007 Barry Hazelton Botanize, Inc. 319 Shimmcor Street Mayer, MN S5360 RE: Timber Retaining Wall Evaluation 2821 Casco Point Road Wayzata, Minnesota KBH No. 2007 .007 Dear Mr. Hazelton: This letter is being sent at your request to discuss the existing timber retaining walls at the 2821 Casco Point Road project in Wayzata, Minnesota. This evaluation is based on the verbal statements made to me by you regarding construction means and methods used on this project, and from site visit observations performed by me on February 13, 2007. The construction of the retaining walls appears to be in general conformance with timber retaining wall industry standard specifications and design parameters. This evaluation was performed using current design guidelines. Direct all surface drainage away from the retaining walls. If soil conditions, proposed layouts, or other design parameters vary from that assumed a revised analysis might be needed. Please call me if you have any questions or need more information. Thank you. Sincerely, Paul Schimnowski. PE MN#40126 KBH Consulting, Inc. 7226 39th St. N., Suite 100 Oakdale, MN 55128 TEL (651) 779-7700 FAX (651) 779-7114 CEL (651) 260-5341 paul@kbhonline.com www.kbhonline.com TOO~ ONI 3ZINV.LOII ZTtZRttZS6 XVd TZ:Lo LOOZIRZIRO 031""' 2it2!007 07: 20 FAX 9524432412 BOTANIZE INC ••.•.•.... "'·.,· ...•. ·.· . . . . '-.. . .. : . : ' :. ·. ' ;'-':. . ': ,,, . :· -.-::~--' TO: COMPANY, 319 Shimmcqr Street • .Mayer; MN. 55360 Phone: (952) 471-7.1.10· • .F~:-(95.2)..'443-~412. www.Botariizelnc.coi'ri.. . . . . FACSlMiLE Tl(ANSMITTAL ~~mp:·. PAX NUMBER: qSl--;;>~C\ .. ·~ \\ b DATE: . J/;;}<Jla1. . . TOTAL NO, OP PAGES INCLUDING COVER: SBNl;)Elt',/i.R.BPERENC~'NUMBER: ·. ,:·· RE: YOUR. R.EPBRE.NCB. N<UMBE~ 14)001 0 URGENT O FOR REVIEW 0 PLEASE COMMENT O PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: Message Page 1 of2 Evelyn M. Turner From: Jensen, Matthew D [Matt.Jensen@bonestroo.com] Sent: Thursday, March 29, 2007 3:15 PM To: Evelyn M. Turner Cc: Kellogg, Tom P Subject: 2821 Casco Point Road Retaining Walls Hi Evelyn, Tom and I discussed this situation. Without additional information, it will be difficult to determine whether the walls were constructed correctly. If possible, can you get this information from the homeowner? 1. Any plans, sketches, drawings from the landscape contractor 2. Ask the contractor how the wall was constructed 3. Are there any drainage issues? I can be available to take a site visit to look at the walls, if you would like. My initial thought is to leave the walls in place, unless there is an obvious engineering or drainage issue. Sherri Buss could give recommendations for screening to limit the visibility of the walls. Please advise me on the approach you would like to take. Thanks, Matt Matt Jensen, PE Tel 651-604-4835 Cell 651-775-5639 matt.jensen@bonestroo.com ,#Bonestroo From: Kellogg, Tom P Sent: Thursday, March 29, 2007 2:46 PM To: Jensen, Matthew D Subject: FW: Retaining Walls Built Without Permit Matt, This email and attachments are from Evelyn. They relate to a retaining wall constructed without a permit. The city is looking to us for direction. Can you take a look at the attachments and give me a call to discuss? Thanks, Tom Tom Kellogg, PE Associate Tel 651-604-4863 Cell 651-775-5637 tom.kellogg@bonestroo.com ,#Bonestroo 6/27/2007 Message From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Thursday, March 29, 2007 1:13 PM To: Kellogg, Tom P Subject: Retaining Walls Built Without Permit Tom: Page 2 of2 Here is the letter I talked about at Staff meeting this morning as well as some before and after photos. (Bruce took the clearest after photo and I don't know where he stored it, so I can't send it to you in its original form.) Any ideas other than removing the walls and constructing them again? Evelyn 6/27/2007 319 Shimmcor Street • Mayer, MN 55360 Phone: (952) 471-7110 • Fax: (952) 443-2412 www.Botanizelnc.com Message Evelyn M. Turner From: Jensen, Matthew D [Matt.Jensen@bonestroo.com] Sent: Friday, March 30, 2007 7:11 AM To: Evelyn M. Turner Cc: Kellogg, Tom P Subject: RE: 2821 Casco Point Road Retaining Walls Evelyn, Absolutely, have Barry give me a call. Matt Jensen, PE Tel 651-604-4835 Cell 651-775-5639 matt.jensen@bonestroo.com From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Thursday, March 29, 2007 4:10 PM To: Jensen, Matthew D Cc: Kellogg, Tom P Subject: RE: 2821 Casco Point Road Retaining Walls Matt: Page 1 of2 I have been talking to the contractor. May I ask Barry Hazelton, the contractor to call you? He is anxious to make the application for the Conditional Use Permit but I told him the application should wait until the issues with the wall were resolved. He can provide you with plans (if he has any) and information on how the wall was constructed. I will contact the homeowner to see if there were or are any drainage issues. Evelyn -----Original Message----- From: Jensen, Matthew D [mailto:Matt.Jensen@bonestroo.com] Sent: Thursday, March 29, 2007 3:15 PM To: Evelyn M. Turner Cc: Kellogg, Tom P Subject: 2821 Casco Point Road Retaining Walls Hi Evelyn, Tom and I discussed this situation. Without additional information, it will be difficult to determine whether the walls were constructed correctly. If possible, can you get this information from the homeowner? 1. Any plans, sketches, drawings from the landscape contractor 2. Ask the contractor how the wall was constructed 3. Are there any drainage issues? I can be available to take a site visit to look at the walls, if you would like. My initial thought is to leave the walls in place, unless there is an obvious engineering or drainage issue. Sherri Buss could give recommendations for 3/30/2007 Message screening to limit the visibility of the walls. Please advise me on the approach you would like to take. Thanks, Matt Matt Jensen, PE Tel 651-604-4835 Cell 651-775-5639 matt.jensen@bonestroo.com From: Kellogg, Tom P Sent: Thursday, March 29, 2007 2:46 PM To: Jensen, Matthew D Subject: FW: Retaining Walls Built Without Permit Matt, Page 2 of2 This email and attachments are from Evelyn. They relate to a retaining wall constructed without a permit. The city is looking to us for direction. Can you take a look at the attachments and give me a call to discuss? Thanks, Tom Tom Kellogg, PE Associate Tel 651-604-4863 Cell 651-775-5637 tom.kellogg@bonestroo.com From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Thursday, March 29, 2007 1:13 PM To: Kellogg, Tom P Subject: Retaining Walls Built Without Permit Tom: Here is the letter I talked about at Staff meeting this morning as well as some before and after photos. (Bruce took the clearest after photo and I don't know where he stored it, so I can't send it to you in its original form.) Any ideas other than removing the walls and constructing them again? Evelyn 3/30/2007 ) CITY of ORONO December 26, 2006 Ronald Demshar and Margaret Martin 2821 Casco Point Road WAYZATA MN 55391 Dear Mr. D emshar and Ms Martin : Street Address: 2750 Kelley Parkway Orono , MN 55356 Municipal Offices Mailing Address: P.O . Box 66 Crystal Bay, MN 55323 -0066 We have noticed that retaining walls were recently constructed in your lakeshore yard. Because of the location and height of the walls a conditional use permit is required and the contractor who built them must obtain a building permit. Enclosed is an application form for a conditional use permit. Because of the height and anangement of the retaining walls the design and construction must be certified by a Professional Engineer. Also note that because -the work is already done the conditional use permit and building permit fees will be double the usual fees . If you should have any questions feel free to call me at 952-249-4623. Sincerely,, ,..· / ~-! , /. l /::,> /~L/_,~ / ,· ___ __.,,,J . I Evelyn Turner Citf Planner Telephone (952) 249-4600 ° JFax (952)·249-46:1.6 www.ci .orono.mn. us printdetails.jsp Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Page 1 of 2 Parcel Data for Taxes Payable 2006 20-117-23-32-0009 2821 CASCO POINT RD ORONO 277 Construction year: 1937 3 Approx. Parcel Size: 60 X 270 R E DEMSHAR & M L MARTIN RONALD E DEMSHAR MARGARET L MARTIN 2821 CASCO POINT RD WAYZATA MN 55391 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to 1 arms-length transactions. Sale Date: Sale Price: Transaction Type: Addition Name: Lot: Block: Metes & Bounds: Abstract or Torrens: Estimated Market Value: Limited Market Value: Taxable Market Value: March, 1986 $130,375 Warranty Deed Tax Parcel Description SPRING PARK 118 LOT 118 ALSO ALL THAT PART OF VACATED LAKE SHORE AVE AND OF THE TRACT OF LAND LYING BETWEEN SAID AVE AND SHORE OF LAKE WHICH LIES BETWEEN THE SLY Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription@co.hennepin.mn.us TORRENS Value and Tax Summary for Taxes Payable 2006 Values Established by Assessor as of January 2, 2005 $841,000 $642,100 $642,100 Total Improvement Amount: Total Net Tax: Total Special Assessments: $5,909.71 $101.77 $6,011.48 Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Property Information Detail for Taxes Payable 2006 Values Established by Assessor as of January 2, 2005 Values: $590,000 $251,000 http ://www2. co .hennepin.mn. us/pins/printdetails.j sp ?pid=20117233 20009 12/19/2006 printdetails.jsp Land Limited Building Limited Total Market: Total Limited: Qualifying Improvements . Property Type Homestead Status Relative Homestead Agricultural Exempt Status Classifications: $841,000 $450,500 $191,600 $642,100 RESIDENTIAL LAKE SHORE HOMESTEAD http://www2.co .hennepin.mn. us/pins/printdetails.j sp ?pid=20117233 20009 Page 2 of2 12/19/2006 • CERTIFICATE OF SURVEY Prepared for: Ronald E. Demshar LEGAL DESCRIPTION: Lot 118, Spring Park, and that part of Lake Shore Avenue, now vacated, lying between extension across it of the side lines of said lot and including the land between said vacated avenue and the shore of Lake Minnetonka, lying between extensions across said strip of land of the side lines of said Lot 118, according to the recorded plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota. ' ...... (l"--1 u--V' V' t \f) J g ~~w ~ .._,.. '--ci 'Ii -r ··o 9 IJ ~ -a 1 · 3 ti lo v t"" l 0 l,-, -4-'- ~ qr-~ M' . . I\/ / © SIA.fLV~ 1.<)1174 ' APPLI CA~TS ft,oPo:sd) #t-lbt>1 r,o~S ~ "t11 I: ~ ,,.,~ s,,sl-... --....._ -...J.'.-1 ,._ 0 II tt X x931.3 !987! ~ -~ ~ t,~-1-~ ''1j ~ / A SJio"t-1.~ ~ I ~.~ ,,.,~ ~ , ,, 1:2" ½!"/6')~ ~., "'11,i,,v Denotes iron monument ~}-% ~-4 GENERAL NOTES: Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation Denotes surface drainage Dashed contour lines denote proposed features Solid contour lines denote existing features .,:; ~' Alli ~~· ./1~ '•'' 'f/) JL ~ io' " C .,;rr,~i llfr~)/1 ~ ' ; ~.r Proposed top of foundation elev. = Proposed basement floor elev. = Proposed garage floor elev. = BENCHMARK: I hereby certify that this survey, plan or report was p:repared by me or under my direct supervision and that I I ,._, SCALE \" = 30' ·-ALL-METRO LAND SURVEYORS 2 3 40 Daniels Street Long Lake, Minnesota 55356 Ph: 475-1433 I am a duly Registered Land Surveyor under the.laws ofr--~,~-~1 the Sta~innesota. BOOK PAGE ~ A ///4,i; I BG /. I FILE NO. DATE 3/zo 81 REG. NUMBER /7025 81028 B .~~'- fol;?~ o ~o>~~, ;, \\ // 1\ !I .··. ·.·• \\ \\.,.; X'./~/·/J\ . .,~/,.. p., //1 \\ "$,. \; '. lP \! .. ' ,,; ~E,., 'I \\ /<·;'\'\t--'.-\:.-('·, :.'\ ~ / \"-1> > 11 ' ., t, ·. ,v·~-◊ / ~.l(ii:s:go~;~/ ~~~- CITY of ORONO P.O.BOX66 CRYSTAL BAY, MINNESOTA 55323 R€.c€.NE0 \ ~ lt:J~1 v~ Ju\.-e 20-117-23 32 0021 O 'f OR ON KENNETH & DEBRA RENNICK err< 3799CASCOAVE WAYZATA MN 55391 N:tX::tE S.53 DE 1 00 0"7./11/07 RETURN TO SENDER NO HA:IL RECEPTACLE UNABLE TO FORWARD sc: 55323006666 *0478-03754-06-4:S 2-iu CfJ.,W) 1+ ~ ;::::;::::39:\_ $='::-s-~3f&l'.i:!)~e, 11 Ii I, J Ii I J JI II J l J Ii I JJ Iii I) 1i i II 111 JI Ill, I I JJ I II, JI 1111l11l i I ...:::..._~-, 41 ,-,_,_ Ji .~0~1~, Q ~-"Vc,f, i ,, ','~ p., \, '$,. E,., \-1>< > 1 ,r, C/ '~ '41>.'' , ' 4~.,:· • ~> .q_lilsJ:lO ).> . <,~::::~:;,~ . CITY of ORONO P.O.BOX66 CRYSTAL BAY, MINNESOTA 55323 Rt:.cE\\fEO j\)\_ 1 ~ 11JIJ1 err< of o?-oNo 38 20-117-23 32 0016 SHARON KING 2800 CASCO POINT RD WAYZATAMN 55391 N::t:X:J:E S.SS DE i 00 07./:.1.8/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: .S.S:32:SOOSSSS *0478-0S7~7-0S-4S 2-ru CruC0 Pt-~ 61 -Jlqf ::::,:::-.,.::,':;*••·~~ .i.:. I, I, l 11 l JI 11 i I li,, I, l, ,11, ll J 1111, lllll II JI I 111 I lll, 11,, I JI I I l RUN DATE: 6/6/2007 38 20-1 17-23 23 0011 HENNEPIN FORFEITED LAND 38 20-1 17-23 31 0009 A A MILLER & J ARTEM IUK 3753 CASCO A VE ALISA A MILLER 3753 CASCO A VE WAYZATA MN 55391 38 20-1 17-23 31 0014 HENNEP IN FORFE ITED LAND 38 20-1 17-23310056 RE WOLFE 2871 CASCO PO INT RD R EWOLFE 287 1 CASCO POINT RD WAYZATAMN 5539 1 38 20-11 7-23 31 0067 B L LINDGREN/E L LINDGREN JR 2868 CASCO PO INT RD BRENDA & EVERETT LINDGREN JR 3020 CASCO POINT RD WAYZATAMN 55391 38 20-1 17-23 32 0008 DAVID J YORKS & WIFE 2825 CASCO PO INT RD DA YID J YORKS 2825 CASCO PO INT ROAD WAYZATA MN 55391 38 20-117-23 32 00 11 KM BOWE & KM BOWE 2815 CASCO POINT RD KURT & KELLE BOW E 2815 CASCO PO INT RD WAYZATAMN 5539 1 ) HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNE RS LIST) 38 20-117-23 2300 12 CAM ILLE M WESEMAN 2776 CASCO PO INT RD CAM ILLE M WESEMAN 2776 CASCO PO INT RD WAYZATA MN 55391 38 20-1 17-23 3 1 00 10 BRUCE D MADDEN ETAL 3759 CASCO A VE BRUCE D MADDEN 3759 CASCO A VENUE WAYZATAMN 55391 38 20-117-23 31 00 15 38 20-1 17-23 31 0057 ROSEMARY C IVERSEN 2835 CASCO POINT RD ROSEMARY IVERSEN 2835 CASCO POINT RD WAYZATAMN 55391 38 20-11 7-23 32 0006 D S SHEPHERD & E F SHEPHERD 2824 CASCO POINT RD DA YID S & EMILY F SHEPHERD 2824 CASCO POINT RD \VAYZATAMN 5539 1 38 20·1 17-23 32 0009 RE DEMSHAR & ML MARTIN 282 1 CASCO POINT RD RONALD E DEMSHAR MARGARET L MARTIN 2821 CASCO PO INT RD \VAYZATAMN 5539 1 38 20 ·11 7-23 32 00 12 C A PR ICE & C D PR ICE 2813 CASCO POINT RD CAROL A & CHARLES D PRICE 2813 CASCO POINT RD WAYZATAMN 5539 1 38 20-11 7-23 23 00 16 JOY ARLENE GRUNDEEN 2797 CASCO POINT RD JOY A GRUN DEEN 2797 CASCO PT RD WAYZATAMN 5539 1 38 20-1 17-23 31 0011 DEAN V GREIMANN 38 ADDRESS UNASSIGNED DEAN V GREIMANN 3779 CASCO A VE WAYZATAMN 5539 1 38 20-117-23 3 I 0066 DEAN V GRE IMANN 3779 CASCO A VE DEAN V GREIMANN 3779 CASCO A VE \VAYZATAMN 5539 1 38 20-1 I 7-23 32 0007 B E PETERSON & MP PETERSON 2829 CASCO POINT RD BRYCE E PETERSON AND MARY PAT PETERSON 2829 CASCO POINT RD WAYZATAMN 55391 38 20-11 7-23 32 00 10 WESLEY C & BRENDA BYRNE 2817 CASCO POINT RD WESLEY C & BRENDA BYRNE 28 17 CASCO POINT RD WAYZATAMN 55391 38 20-11 7-23 32 00 13 THERESA A NORSTED 2811 CASCO POINT RD THERESA A NORSTED 28 I I CASCO POINT RD WAYZATAMN 5539 1 #3294 PAGE: I I RUN DATE: 6/6/2007 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 20-11 7-23 32 0014 J M & P S BA ILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-1 17-23 32 0017 TAMMY L WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 28 18 CASCO PO INT ROAD WAYZATAMN 5539 1 38 20-1 17-23 32 0020 TODD J THEILMANN 2799 CASCO PO INT RD TODD J THE ILMANN 2799 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE F CTS REPRESENTED ARE 0 38 20-117-23 32 00 15 ROGER H FROMMEL T & W IFE 2805 CASCO POINT RD ROGER H FROMMEL T 2805 CASCO PT RD WAYZATAMN 55391 38 20-117-23 32 0018 JEFFREY P COLE ET AL 2794 CASCO POINT RD JEFFREY P COLE 2776 CASCO PT ORONO MN 5539 1 38 20-1 17-23 32 0021 K L RENN ICK & D S RENNICK 3799 CASCO A VE KENNETH & DEBRA RENNICK 3799 CASCO A VE WAYZATAMN 55391 38 20-1 17-23 32 0016 THOMAS B KING JR/SUBJ LE 2800 CASCO POINT RD SHARON KING 2800 CASCO PO INT RD WAYZATAMN 55391 38 20-117-23 32 0019 GD & BS CZERWINSKI 280 I CASCO POINT RD GREGORY D/BETH S CZERWINSKI 2801 CASCO POINT RD WAYZATAMN 55391 #3294 PAGE: 2 Variance Receipt Page 1 of 1 H _H_e_nnepin County Taxpayer Services: Variance Receipt Organization: Ronald Demshar Contact Name: R.D. ContactAddress: 2821 Casco Point Road Orono ,MN 38 Contact Phone: 9524710538 Contact Email: 00 Buffer Distance (ft): 350 Total Number of Labels: 29 PID List: Date: 6/6/2007 11 :28:27 AM Batch Number: 6-977 38 20-117-23 23 0011 , 38 20-117-23 23 0012, 38 20-117-23 23 0016, 38 20-117-23 31 0009 , 38 20-117-23 31 00 IO 3820-117-23 31 0011 , 3820-117-23 31 0014, 38 20-117-23 31 0015, 38 20-117-23 31 0016 , 38 20-117-23 31 0056 38 20-117-23 31 0057, 38 20-117-23 31 0066, 38 20-117-23 31 0067, 38 20-117-23 32 0006 , 38 20-117-23 32 0007 38 20-117-23 32 0008 , 38 20-117-23 32 0009, 38 20-117-23 32 0010 , 38 20-117-23 320011 , 38 20-117-23 32 0012 38 20-117-23 320013, 38 20-117-23 320014, 38 20-117-23 320 015 , 38 20-117-23 320016 , 38 20-117-23 320017 38 20-117-23 32 0018, 38 20-117-23 320019, 38 20-117-23 32 0020 , 38 20-117-23 32 0021 , Comments: 350-foot list #3~94 D JUN O 7 2007 TAXPAYER SER VI CES HEN NEPIN COU N Y, MN f 32~5c, Total Cost:$3~ http://bugle/MailingLabels/popReceipt.aspx?Count=29& Var=6-977 &C _ Company=Ronald... 6/6/2007 l CITY of ORONO May 25, 2007 Ron Demshar 2821 Casco Point Road Wayzata MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #07-3294 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a Conditional Use Permit for property at 2821 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: 1. Certified Property Owners List-owners within 350• feet of the subject property, labels and plat map. List, labels and map are obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910. 2. An additional $600 for the fee. (Since the work has already been done the application fee is doubled.) Application# 07-3294 is incomplete. If you wish to proceed with your application please submit the items requested above by June 5 to remain on the June 18, 2007 Planning Commission agenda. Please call me at 952-249-4623 should you have any questions. Sincerely, il~ City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us .. , ' I. I I I d ·.1 : j ; , I / I / ;1/ { /1 11 ! I-: I L~ \/\ I I / /·· \1.-- .) I ' ' ' 319 Shimmcor Street • Mayer, MN 55360 Phone: (952) 471-711 O • Fax: (952) 443-2412 www.Botanizelnc.com I #3294 0 (,.") f'\' l' \ ·-".,/ newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Sun-Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provid ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thurs- day, the _.5__ day of July 2007, and was thereafter printed and published on every Thursday to and in cluding Thursday, the __ day of ________ , 2007; and printed below is a copy of the lower case alpha bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice : abcdefghijklmnopqrstuvwxyz ~ CFO Subscribed and sworn to or affirmed before me on this _5_ day of July , 2007. City of Orono (Official Publication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commi ssion will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Mon day, July 16, 2007, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: #06-3232 Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district , request s 0-75' and 75'-250' hardcover variances in conjunction with the construction of a new single family home to replace the existing residence . #07-3293 George Stickney on behalf of Bruce Paddock , 1500 Bracketts Point Road, LR-1A zoning district , re quests a hardcover variance to allow 31.13% hardcover in the 75'-250' zone to allow construction of a replacement residence. #07-3294 Ron Demshar, 2821 Casco Point Road, LR- 1 C zoning district , requests an after the fact conditional use permit for retaining walls within the 0-75' lakeshore setback zone to allow the existing retaining walls to remain as constructed. The request includes a variance to allow the hardcover associated with the retaining walls to re main when no hardcover is allowed in the 0-75' zone. #07-3299 Mike Benedict and James Lowe Ill, 25 & 105 Orono Orchard Road North, RR-1B zoning district, re quest approval of a lot line rearrangement to allow the ex change of 1 ,402 square feet of land between the two prop erties. 1107-3300 John O'Malley and William McGuire , 290 & 315 Woodhill Road, RR-18 zoning district, request a lot line rearrangement to allow the exchange of 0.36 acres between two properties . #07-3301 Gronberg & As s ociates on behalf of the William Waldron Estate, 1860 & 1880 Fox Street , RR -1B zoning district, requests a re-plat of the two estate prop erties resulting in no new building sites. #07-3302 The Minnehaha Creek Watershed District re quests a preliminary subdivision of the property at 1570 Sixth Avenue North , RR-1 B zoning district, resulting in one buildable lot approximately 2.0 acres in area and one outlot for conservation purposes comprising approxi mately 4.32 acres in area. #07-3303 Klingelhutz Development Co. requests a pre liminary subdivision and commercial site plan review to construct nine condominium office units in three buildings at 2525, 2535, and 2545 Shadywood Road. The frontage on Shadywood Road is zoned B-4 , Office and Profe s sional Business Di strict; the frontage on Kelly Avenu e is zo ne LR-18, Single Family Residential District. #07-3304 K.C . Chermak of Pillar Homes on behalf of Chris & He idi Hedberg , 3940 Watertown Road , RR-1A zoning di strict , reque sts a varian ce to allow an existing barn to remain on the property nearer the front lot line than the proposed new home where no accessory structures are normally allowed, and at a setback of 40' from the side lot line where a 50' side setback is normally required for an oversized accessory building. All persons wishing to be heard are encouraged to attend this meeting . Thi s is not a final agenda and is subject to change prior to the hearing. Written comments are ac cepted and should be submitted to the City of Orono by July 11 , 2007 if po ss ible. Plans or propo sa ls are available for review in the City Offices and all intere sted person s are encouraged to contact the City for further information. For an appointment , please call (952) 249-4600. -+''f""-~:,,,q.c.......:-==---'lc---:::;;z...l.<'..--.:-"=---'=--City of Orono By : Planning Commission e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line Melanie Curtis, Planner Published in the Sun-Sailor on July 5 , 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (July 5, 2007) a2-7/16 hrgs-CM STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Christine M. Mattson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #07-3 294, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of July, 2007. DiuM~ VVL~ Christine M. Mattson CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 16, 2007, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: #06-3232 #07-3293 #07-3294 #07-3299 #07-3300 #07-3301 #07-3302 #07-3303 Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests 0-75' and 75'-250' hardcover variances in conjunction with the construction of a new single family home to replace the existing residence. George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road, LR-lA zoning district, requests a hardcover variance to allow 31.13% hardcover in the 75'-250' zone to allow construction of a replacement residence. Ron Demshar, 2821 Casco Point Road, LR-1 C zoning district, requests an after the fact conditional use permit for retaining walls within the 0-75' lakeshore setback zone to allow the existing retaining walls to remain as constructed. The request includes a variance to allow the hardcover associated with the retaining walls to remain when no hardcover is allowed in the 0-75' zone. Mike Benedict and James Lowe III, 25 & 105 Orono Orchard Road North, RR-1B zoning district, request approval of a lot line rearrangement to allow the exchange of 1,402 square feet of land between the two properties. John O'Malley and William McGuire, 290 & 315 Woodhill Road, RR-lB zoning district, request a lot line rearrangement to allow the exchange of 0.36 acres between two properties. Gronberg & Associates on behalf of the William Waldron Estate, 1860 & 1880 Fox Street, ,RR-lB zoning district, requests a re-plat of the two estate properties resulting in no new building sites . The Minnehaha Creek Watershed District requests a preliminary subdivision of the property at 1570 Sixth Avenue North, RR-1B zoning district, resulting in one buildable lot approximately 2.0 acres in area and one outlot for conservation purposes comprising approximately 4 .32 acres in area. Klingelhutz Development Co. requests a preliminary subdivision and commercial site plan review to construct nine condominium office units in three buildings at 2525, 2535, and 2545 Shadywood Road. The frontage on Shadywood Road is zoned B-4, Office and Professional Business District; the frontage on Kelly Avenue is zone LR-lB, Single Family Residential District. #07-3304 K.C. Chermak of Pillar Homes on behalf of Chris & Heidi Hedberg, 3940 Watertown Road, RR-1 A zoning district, requests a variance to allow an existing barn to remain on the property nearer the front lot line than the proposed new home where no accessory structures are normally allowed, and at a setback of 40' from the side lot line where a 50' side setback is normally required for an oversized accessory building. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted artd should be submitted to the City of Orono by July 11, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission • C~.ii. Melanie Curtis, Planner To be published in the Sun Sailor on July 5, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office -., --.---·. RUN DATE: 6/6/2007 38 20-117-23 32 0014 J M & PS BAILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0017 TAMMYL WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 28 I 8 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 32 0020 TODD J THEILMANN 2799 CASCO POINT RD TODD J THEILMANN 2799 CASCO POINT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 20-117-23 32 0015 ROGER H FROMMELT & WIFE 2805 CASCO POINT RD ROGER H FROMMEL T 2805 CASCO PT RD WAYZATAMN 55391 38 20-117-23 32 0018 JEFFREY P COLE ET AL 2794 CASCO POINT RD JEFFREY P COLE 2776 CASCO PT ORONO MN 55391 38 20-117-23 32 0021 K L RENNICK & D S RENNICK 3799 CASCO A VE KENNETH & DEBRA RENNICK 3799 CASCO A VE WAYZATAMN 55391 38 20-117-23 32 0016 THOMAS B KING JR/SUBJ LE 2800 CASCO POINT RD SHARON KING 2800 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0019 GD & BS CZERWINSKI 2801 CASCO POINT RD GREGORY D/BETH S CZERWINSKI 280 I CASCO POINT RD WAYZATAMN 55391 #3294 PAGE: 2 I !;IIIU newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Sun-Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provid ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thurs- day, the _J__ day of June 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of ________ , 2007; and printed below is a copy of the lower case alpha bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz ,~ CFO City of Orono (Official Publication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Mon day, June 18, 2007, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: #06-3191 Karen Feyo, Mark Fuller and Stacy Nakaya, 4055 Elm Street, LR-1B zoning district, request lot area and width variances to allow construction of a new house on a lot that is 0.44 acre in area and 120 feet wide when an area of 1.0 acre and a width of 140 feet are required. #06-3232 Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests a 0-75' zone hardcover variance to allow 7.1 % hardcover where 13 .9% currently exists and 0% is normally allowed, and a 75'-250' zone hardcover variance to allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction with the construction of a new single fami ly home to replace the existing residence. #06-3243 North Shore Gardens on behalf of Richard Marzan, 2895 Pheasant Road, LR-1 B zoning district, re quests a conditional use permit for land alteration and re taining walls within the 75 foot lakeshore setback and a hardcover variance for the associated hardcover. #07-3290 DRK Family Associates, LLC, 2523 Kelly Av enue, LR-1 B zoning district, requests a hardcover vari ance to allow 33.12% hardcover in the 75'-250' zone when . 38.16% exists and 25% is allowed in order to enlarge the deck on the lake side of the house. #07-3292 Michael & Katie Schroeder, 1396 Baldur Park Rd, LR-1C zoning district, request a revision of a hardcover variance granted in 2001 (which permitted 36.3% hardcover within the 75'-250' zone where 25% is normally allowed) in order to enclose a covered walkway and reorient their existing driveway. #07-3293 George Stickney on behalf of Bruce Paddock , 1500 Bracketts Point Road , LR-1A zoning district, re quests a hardcover variance to allow hardcover in the 0- 75' zone where no hardcover is normally allowed so the existing cabin on the east shore of the property may re main , and a variance to allow 31 .13% hardcover in the 75'- 250' zone to allow construction of a re placement resi dence. #07-3294 Ron Demshar. 2821 Casco Point Road , LR- 1 C zoning district , requests a n after the fact cond iti onal use permit for retaining walls within the 0-75' lakeshore setback zone to allow the existing retaining walls to remain as constructed. The request includes a variance to allow the hardcover associated with the retaining walls to re main when no hardcover is allowed in the 0-75' zone. #07-3295 Jon and Janene Heidorn, 3180 North Shore Drive , LR-1 B zoning district, request a lot width variance to construct a replacement residence on a lot that is 99.6 feet wide when 140 feet of width is required. #07-3296 Terry & Suzanne Johnson, 543 Park Lane, LR-1 B zoning district, request variances to allow roof overhangs to encroach 2' into the 1 O' required side set back as well as a portion of the front entry staircase to en-Subscribed and sworn to or affirmed croach 18" into the 10' side setback in conjunction with the before me on this _7 __ day of construction of a new res idence. June 2007 . All persons wishing to be heard are e ncouraged to attend ' this meeting. This is not a final agenda and is subject to ~ change prior to the hearing . Written comments are ac cepted and should be submitted to the City of Orono by z:...-June 13, 2007 if possible. Plan s or proposals are avail ..___ able for review in the City Offices and all interested per- ,_ _ _,_.....,~~_,_,.,,~-------~-.-----sons are encouraged to contact the City for further infor- Notary Public mation. For an appointment, please call (952) 249-4600. e MARY ANN CARLSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6 .20 per line (3) Rate actually charged $ 1.30 per line City of Orono By: Planning Commission Michael P. Gaffron, Planning Director Published in the Sun Sailor on June 7, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (June 7 , 2007) a2-hrgs 061807-LV l TRACKING SHEET FILE NO . 07-3294 Staff: Evelyn Turner SITE ADDRESS : 2821 Casco Point Rd Applicant: Ron Demshar Address: 2821 Casco Point Rd Wayz ata, MN 55391 Owner: Ron Demshar Address: 2821 Casco Point Rd Wayzata, MN 55391 □ Meeting with Staff Date: ______ _ ~ Application Completed □ Incomplete Notice Sent Date : _ _,,_~,_./7.~t(,_1_7 __ 60 Day: Date:_5~/ 2._~___,/~0~]_,___ Copy of Application Sent to: __ Engineer _ County DNR !2(' Property Owners Notified: Date : 7/<p/0 ] G(" Legal Notice Published Date: 7(5"( 0 7 • MCWD 8/21/0 7 I I LMCD PC Meeting(s): ~~-([_~ ___ ¼~: ~-0 Vote: --------------------- Vote: --------------------- ~ Notice of PC Action: _ _____.~y./2_._{_"''--------------- City Council Meeting(s): ---7+-,1-/~Z.:.-..3~ ______ Vote : 6 -0 Vote : -------------------- Vote: -------------------- □ Resolution: I