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Home My WebLink AboutProject PacketCITY OF CFONO, MINNESOTA Land Use Application 'LOCATION OF PROPOSALS PR,{Oy`""-'POSAL��/o� Address a h 0 3 isr3? Legal Description APPLICANT Name Mailing Address OWNER Name Mailing Address Present Zoning 4 R TYPE OF REQUEST _ Subdivision $150+$/ocevzo,� _ Conditional Use $50 �rit0 p - , ni _jYA$2 2 2L _//R/iprap $15 ($65) # FEE #r6. 0o * -1 -7 o Date Rec'd_,�-3-7� By Present Use �,C Zoning Ordinance Section Relating to Request Specify Ordinance Requirements your request and reasqns for VAR rm required - extent of nonconfoity — — ea _ Setback Front Side Rear Width _ Other, explain Specify hardships to property SUBD 17191Q -iVelicat ion _ Residential Other, explain No. of Lots CONDITIONAL USE AND OWNER - explain proposed use of property in detail VAR — required - extent of nonconformity — Area Setback Front Side Rear Width other, explain Specify hardships to --property SUBDIPlS�plication _ Residential _ Other, explain _ No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. Application completed '5. Certified Property Owner's list of owners within (300') (1501)- from 3. Certificate of survey of property Hennepin Co. Dept. of Finance sketch location and setbacks of A-603 Government Center proposal ✓ 6. Stamped, legal sized envelopes($1a 4. Cswe�cuotiaw plans, if applicable pre-addr seed to each o the names L.,.i.t c.'♦ on the ove lis DATE Applicant's Signature DATE_ Owner's Signature Applicant hereby agrees to provides all information requi ed or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all fees as established by ordinance. 5/78 Qq DEPARTMENT OF FINANCE 23 ( �1 LS A-IINNEAOVERNMEIS,NT CENTER '�'OO Fr PROPERTY OWNERS LIST �X 9 2 NAME ADDRESS DESCRIPTION RO A G )/ LOT BLK. _ PARCEL U-11-7-Z3' 1-3 _ IQ{iO�G ScN/WDEk 27Y.1' c/Mca rur RP WA s r3 �I O� 11 �� aen 3 Roaear K. 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MLm..00a 55323 4?3-7557 1MST.UCTIMS: pea.. fivt read the attached Information neat. Coo l.te Its I - U (TTM or print). If maeded, Much latter .r ether Infection to better d.... to. ponr rpuot, la.y1.1.."11..tton..111 mat h.rr.pt.d. 1. PROPERTY ADDRESS tapl de.criptton am, be tNj 61-01tod- furyq, Ohiblt ) 2. APPLICANT b... I.JX-'lI'/tte'y�Uls��pnp ) % -- // 3 4 5 6 7 Haiti, A",... If Applicant b net nen.r, map1A1. OWNER rma � f�t[,L- stoma f Date Property Acquired �� _ (Mpntnnear) I (do) No noL) also own other adjacent parcels of AGENT Mtma .not. Fire ft unt Addro. NOTICES ibeuld he tint co: Applicant truer Agent PRESENT ZONING USE DISTRICT C PRESENT USE .e.idontbl EXHIBIT 1 LIST OF EXHIBITS � IAteerlption Initial Application auat iocluda: 1 Application To. I _ frop.rq O.n.r. Liar 5 _ Certificate of Suurvq I.. becptpt t M yp at. gma.iwd OF Staff lnfotmatSdt'/ 4 net Map 5 _ Inventor, 6 Staff Comaeate 0thar0th.r Infostty 7 b 9 10 it 11 Vaunt land __ vaunt building(.) — bec.pl.d guildint(e) _ S. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST _ ..cabli0h pw net _ continue of expand at.tly we _ build pw _ add on Describe request in detail: Xc 0 remadal _ 5. NOTICES Should b...at te: _ Avnttc.ne _ o...r _ Ayat 6. PRESENT ZONING USE DISTRICT L.R' 7. PRESENT USE Matd.ntt.l (other) vmnt Land _ vaunt Wildint(O _ arrobled t.uelnt(.) 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ _ ...b1LA nw ... _ echattaus or o.e.nd wtarhy we _ build . _ .dd on rrmo41 _ Describe request in detail: IV op- 11 MA, � .1. 1 e . d 12/j `f- /-1e P 1, 4'''I1 q. VARIANCE(S) 10.w4e cribe M ll. scribe UI retel�t on. 12. 6,scri a El ED to de the r"....ad Yo. t: lot Mu lot Width _ Maneuver ;4 202 31 • 9'31 Setback (_ Front _ kid. _ Soar) txner OF PROPOSED WORK en � ra.plf.nc. h uictot tea. p.Ir. :� CULTY r.. lttot ite..crtri w rr - �. % vropertl.. and ye N. nelthbor in 'N ( . , e/ l( i'" . / . The APPLICANT and L(he PROPEftY OWNER must sign and date this application.- --- Th. .fn.iGlfF h.r.by .U... m prwtd..11 lnfnr..tton no O.NIt herebG .cknuotedtei and .tr..9 to tht..letttation requfr.e o r"...tm by rho loot-µ .minfar.cor. .tr••• one fmthar .urmrlr.. r m.bl. mcq ohm Or vroo.rq ro Wr .tlr far. and/or w e.1 ........ inc rr.d to rwi— by city .,.if, cw..et c.nu• .µmr., c- t-.fon .Saber ee t .vvuc.tmn .net -pr mar tn. infor.•ci on one �unru .moor• tot v.roa,.. of tn.a.rie•tfnn .nee •.v t e t. trva one c r tal rEa ba. of Wit• knwleepr .a 1iftc.rton of chi. req.a.t. Ap icant's S gna Cure Date Owner's Signature Date APPLICATION DEADLI E TEN (10) DAYS BEFORE PLANNING COMMISSION MEETING �� i fwv.. tlM „�,r.., �' � !� /Nipff.RD. L.. flTf. LrMnwcT W. � i� .� "�� I �._ o� _y I�uAfw" �-s. :vim `�� Vu�nro' � r��n'- 'y a .� _ :• PT�FtO � e / �Q p � RZ1M -f _ ' �. ��t LRM� �wY�M�MH a � �I `. � 1 �� _ ,�.a...µ , �, ��., �u�s � - ,. .�., ;. � -- == 9 _; r , _� /� _ ..�.. w _—_� �o 4+FL MMM2H�h .� ��••-� " EKOSION R;Fhi°�h vsu. c/o.tmmrr cm „o.wrat•,r wt I'NA-46E WALLS /Y6 /few m Ie / dar��ia//�C /fly owpw nw a s c a Y .Y+aMDOM.. w `� ✓.Ai 111 r. � •wti C/.Y(ir .6 `V�'K .� a rJ (� .V FIIL-:'M �l. IFR.: I t..y n w w •Yr �..+rr.� �aa s., r:.•, a triisni t • • a 3 9 a -ws(w.o eHrw. ncM. ry�nnel+� N.t wuMta. ry Y.�. nw�MM.[5.rw HC 1233 PROPERTY OWNERS LIST-- CRONO DEPARTMENT OF FINANCE I CERTIFY THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CENTER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THUS MINNEAPOLIS, MN 55457 DATE ON THE RECORDS OF THE HENNE►IN COUNTY FINANCE DIVISION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. HENNEPIN CO FIRM F, QIVI/ LIST SIZE DATEBY FEE OWNER TAX PAYER/ P OPERTY AD MAILING ADDRESS 7-) fll f X>�e " � 111IL11W- FZ VL - _ .T 2 �L 1 AU nt �L ;.fit . I �Gf'E ; • � ./ PFDT OF WINSNIP'S SOBDIVIS 0 '-.,.� Of LOT 1•SPRMG PARK 2ND Mi.. 1• ph12N533•W u' 2 335 COA3�� A VEI�� ASTER rm xu T Street •P I V c� PANT OFWINSNIP'S SUBDIIS�ON ��/ / <0_Ill O °J• A w T, P 2• j; OFWTI, SPRING PARK ?NO DIVISION Q \ _ •0 i)' '-.. e �� eia i •�, Iao aI .:..� zs � op %6' ' 3100 _ ..P 3200 No C II 1, \ f "'PfrP• - I` e'@a o .A 'a \ /37 s. a •e 'e: ' r• °•' . 3 •Q (q arl61 e ' 11 1+ `�� - f _ � � �1+ �. �O�Qp)e /OlP) e � `�'';> o; „ � '-s1-f •° � � ; 1.�.: ..'- / ze a> .; a j s�/ . ss •e ' 9) s [s) F 4 a�� ' qg\ B ��,N cAa 1� '. \', es l 29 23 26 2T 28 y , / e/e s cT A ..:`o.•a -203 J R\\ NO Aoljor-yo plow Al KELLEY & KELLEY, IRc. • • • Long Lake, Minn.55356 NURSERY AND LANDSCAPING June 4, 1W9 #492 City of Orono Crystal Bay, Minnesota 55323 Proposed plan for the prop" `!r. Louis Snarling !6P.3 Canso Point Road Wayzata, Minnesota 55391 1. Raul clay fill dirt in washed out arRa. Bract a Railroad Tie wall half way up the slope to help prevent erosion. This wall will not he exposed, but covRred with dirt. 3. Black dirt to cover clay enough to seed. 4. Cover the bank after seeding with a plastic and fiber mulch to prevent erosion. Laster S. Kelley President LSK: bin KELLEY & KELLEY, Inc. • • • Long Lake, Minn.55356 NURSERY AND LANDSCAPING July 11, 1g79 City of Orono Crystal Bay, Minnesota 55323 Attn: Jean Mabusth Ms. Mabusth: r"o... m.1.11 eeu au #492 Re: Louis Smerling property 2683 Casco Point Road A retaining wall, approximately thirty two (32) feet long will be constructed of 61I by 61I by 8t Ponta treated timbers. Vertical timbers will be 3 feet in the ground, set 4 feet apart. Horizontal timbers 24" high will be held in place with 12" by 3/8" spikes. This construction will be completely under the fill so no wall will be visible. Enough clay or heavy soil will be replaced to bring the bank back to the original grade. Yours truly, t��. Lester S. Kel ey President LSR: bhm Trl.Phone 4717.W CITY of ORONO �•r Pont Mr.,. Bu. 6G•Cq nlel aey, Minne.otn .S53L3• M.nwiPal Omm !7 J On the North Shore of Lake Minnetonka July 13, 1979 Mr. Glenn Cook Bonestroo, Rosene. Anderlik & Associates 2335 Highway 36 Saint Paul, Minnesota 55113 Re: #492 Lou Smerling - Conditional Use Permit, 2683 Ga;co Point Road Dear Glenn: Please review the enclosed letters from Kelley & Kelley, Inc. that cover Louis Smerling's plans for correcting the existing erosion along the steep bank of his lakeshore property. Please call if additional information is required. We plan to take action on this application at the Planning Commission meeting, July 23, 1979. Sincerely, eanne A. Mabusth O oning Administrator JAM:kh Enc Telvph... 4737357 57 CITY of ORONO Post Offlee Box 66•Cryelal Pay. Minnesota.'537a• Mon ioipa l ORm t ' 't _•• On the North Shore of Lake Minnetonka �, •_ July 16, 1979 Mr. John Holmquist Minnehaha Creek Watershed District P.O. Box 387 Wayzata, Minnesota 55391 Re: #492 - Louis Smerling, 2683 Casco Point Road Conditional Use Permit Dear Mr. Holmquist: I have enclosed copies of two letters from Kelley and Kelley, Inc. for your review that cover Mr. Smerling's plans for correcting the existing erosion along the steep bank of his lakeshore property. The Orono Planning Commission will take action on this application at their meeting of July 23, 1979. Sincerely, i Jeanne A. Piabusth Zoning AAministrator JAM:kh Encs TO: Planning Commission ano Icil FROM: Jeanne A. Mebueth, 2onii,6 Adminietr GATE: July 16, 1979 SUBJECT: #492 Louis Smerling, 2683 Casco Point Road Conditional Use Permit Purpose - restore lakeshore slopes to original grade and to control erosion. The applicant has held up his conditional use application until the Alexander Holzer permit was completed. The long delays involved with his neighbor's application and the heavy rains of this season have created a greater potential for additional erosion of the steep banks of his lakeshore property. Staff has called for action on the application for the July 23, 1979 meeting. The enclosed letters have been sent to both the City Engineer and MCWD for review. The project involves a 32' long area along the bank. The supporting timber structure or "retaining wall" will be subsurface with the necessary plantings above. I have only one question that I will direct to the City Engineer involving the temporary step after seeding or covering the bank with a plastic and fiber mulch. The rest of the project appears to meet code. STAFF UPDATE (Alan Olson) - JULY 30, 1979 On July 26, 1979, Alan Olson and Glenn Cook met with Jim Orr, Mr. Smerling's engineer, on the site to review this proposal. The bank has slipped with the remaining soil on about a 60' angle which definitely needs some stabilization. Mr. Kelley's letter suggests one "retaining wall" however Mr. Orr notes that two or more subsurface stabilization walls may be necessary. The purpose of these buried "walls" is to contain new fill so that vegetation can be reestablished. The vegetation will eventually do as much or more to limit future slipage than will the wall. Staff expects a sketch plan and section of the proposal before the Council meeting so that the project can be visualized. We also recommend approval of the proposal without further delay. The original slipage occurred last summer and should be repaired before another winter freeze. July 16, 1979 #492 Louis Smerling Conditional Use Permit 2683 Casco Point Road Page 2 STAFF UPDATE (Alan Olson) - JULY 30, 1979 (Cont.) Staff also recommends that Council consider an amendment to the zoning code to permit staff review and issuance of permits for similar corrective work. This will serve to permit quick response to emergency shoreline protection. Particularly where the work involves no permanent exposed structure, staff should be allowed to permit necessary grading and/or filling to stabilize eroding bluffs in the same way that we now issue routine rip rap permits. A; MINNEHAHA CREEK , WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 sawn w awmn� Dn,e x. fM.ne. r,n.. x. Del. v.Im.M . Al.1. L. . J s. A 11 r July 17, 1979 Ms. Jeanne A. Mabusth uu uu JUL 1., 197' Zoning Administrator CITY OF ORONO City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: M492-Louis Smerling, 2683 Casco Point Road Conditional Use Permit Dear Ms. Mabusth: In answer to your letter of July 16, 1979 concerning the above referenced project, the Minnehaha Creek Watershed District will not require a permit for the construction of the wall provided that: 1) the construction is above the 931.5 contour line 2) wetlands are not involved and 3) there are no changes in the shoreline. Sincerely, E.A. HICKOK AND ASSOCIATES Engineers for the District w � .. Wayne A. Fretheim WAF/gaz. Bemamsr Reamss, A,r &dA a 4"@*hd«4 Am %WA aY a. u . P.S.� I. F 1 !a. xmm F, AwIw. ". Q1 A. cw PA. am Iy'-A� Nits L."& r. AY IS. ■" f. Q. ". a.r IL.- Ill. n f.Kq ll. A6m .. f. rw,. I.f. x,Yw a. ld.W. Pa.. 1. C. onaa !l. rw L. s.ww !s pW C l� PA. <..,� .. J.r. P.S. LLL� A. .fth' Y. � f� Y. OW H July 20, 1979 City of Orono Box 66 Crystal Bay, M.n. 55323 Attn: Jean Mabusth Re: File No. 139-492 Louie Smerling Dear Jean, Review of the Smerling proposal is very difficult without a draw- ing of some type. It would appear that the construction proposed in Mr. Kel Ly's letter would have minival benefit in preventing erosion. If you have any questions, please contact this office. Yours very truly, SO STROO, ROSENE ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li' r 00It JUL 29 1919 *jjV *F I409a= MINUTES OF A PLANNING COMMISSION MEETING HELD ON JULY 23, 1979 PAGE 2 The general consensus of the Planning Commission was that the boat repair was the same type of use as the auto body and was a cleaner, better operation. Mr. Jeff Johnson, 1145 Loma Linda, was present. He had no objection to the operation; his only request was that a fence be placed between his and Mr. Duehn's property to definitely separate them. Planning Commission felt the number and size of the boats being stored should be specified. Wilson moved to recommend approval of the Conditional Use Permit subject to the following conditions: 1) Fence to be constructed along rear lot line (east line of property). 2) Boat storage, other than that serviced by the garage, will be limited to no more than 20 boats on the property at one time. 3) No boats to be stored higher than bank on north side of property. 4) Car repair permitted during winter months (Oct. 1 through March 31). Repair to be carried on inside the facility - no car permitted to be parked outside, and 5) Subject to yearly review upon complaints by neighbors or at staff request. Motion seconded by Adams. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. and Mrs. Sirerling were present. Mabusth entered into the record that the Minnehaha Creek Watershed District will not require a permit for the construction of the wall provided that: 1) the construction is above the 931.5 contour line, 2) wetlands are not involved, and 3) there are no changes in the shoreline. No public comments were heard. KK b Y.OL•;PANY 1140 North Arm Drive COND. USE PERMIT (#489) Cont. L/LOUIS SMERLING 2683 Casco Point Road COND. USE PERMIT (#492) Frahm moved to recommend approval of the Conditional Use Permit for the retaining wall and refilling a portion of the bank in accordance with plans submitted contingent on completion by September 15, 1979. Motion seconded by Hammerel. Vote: Ayes (7), Nays (0). Motion passed unanimously. CITY OF ORONO Building F ermit No. Qyz Building Insp. I Footing _ 2. Framing 3. Insulation 4. lathing 5. Final Plumbing Insp. Sewage Insp. Electric Insp. Special LOCATION ISSUED �r_ 14 1qz� NOTE —Ail inspections must be called 24 hours in advance. This card must be posted in a conspiamus place On the prenLises On which the work is to be done. Work must not proceed until required inspections have been made. Destruction of this notice or your failure to comply with the Ordinau.rs makes you liable to the lien Ities�vided it In. 7 --wilding Inspector TELEPHONE: 473.7357 Telephone 4737357 CITY of ORONO Poet Uf m Box 6 *Cryetel Bey. Mlnneete 55323e Municipal Office On the North Shore of Lake Minnetonka March 28, 1980 Mr. Louis Smerling 4455 West 77th Street Edina, Minnesota 55435 Re: 4436 Holzer - Conditional Use Permit Dear Mr. Smerling: This letter is in response to your call to Mr. Dick Benson regarding the status of Holzer's project next to your Casco Point property. The Holzer work was not completed by December first and the early frost has prevented resumption of grading to date. Upon their request, the City Council has extended their deadline for completion until July 1, 1980. Work done to date has Caen inspected by my department staff. As a separate matter, I do not have a record of any permit or inspection calls for the proposed underground retaining wall per your application (4492). I would assume that both your project and the Holzer's project will be completed according to plan as soon this spring as weather permits. S incer J anC P. Olson illage Planner APO:kh F` TrLq+hm.. 473 7— 7 CITY of OKONO 1'n., llffin• 14n cn•1'ryni xl Hxp MmnraW 550'!]•Muniripel Off r. On the North Short, of Lake Minnetonka oj;ji)�(• ,�,•-j April 7, 1980 Mr. Louis Smerling 2552 West Lake of the Isles Boulevard Minneauolis, Minnesota 55405 Re: #436 Holzer - Conditional Use Permit Dear Mr. Smerling: This letter is in response to your call to Dick Benson regarding the status of Holzer's project next to your Casco Point property. The Holzer work was not completed by December first and the early frost has prevented resumption of grading to date. Upon their reg.est, the City Council has extended their deadline for completion until July 1, 1980. Work done to date has been inspected by my department staff. As se rate matter, I do not have a record of any permit or inspection alls fo the proposed underground retaining wall per your application (4492) I would assume that both your project and the Holzer's project e completed according to plan as soon this spring as weather permits. Sincere y, n P. Olson V llage Planner APO:kh TO: Walter R. Benson, City Administrator FROM: Alan P. Olson, Village Planner DATE: .May 15, 1980 SUBJECT: Holzer & Smerling - Status Report File 4436 Holzer 10-31-78 Application Date 6-11-79 , Planning Commission Approval 10-16-79 Council Approval Resolution No. 1079; deadline 12-1-79 1-30-80 Council Approval to extend deadline to 7-1•-80 5-06-80 Site Inspection by Tom Jacobs- removal work in progress no unusual conditions. 5-15-80 Site Inspection by Jacobs & Olson - some blocks removed per plan, especially on south (Smerling) side. Others not yet removed. STOP WORK posted account wall on lake side relocated and rebuilt to previous height with fill behind. Additional walls and steps constructed below main retaining wall; wood post retaining wall installed on northwest side within 75 ft. line. Work done does not conform to approved plans. Comments: It would be possible to complete all work according to approved plans before July 1, 1980, but only if a contractor were hired and brought in with enough equipment and manpower. Landscaping and finish grading could easily be done in two weeks, but the problem is correcting the rebuilt walls. A new review of the appropriateness of these walls would likely take until August or later. File 4492 Smerlin 7-02-79 Application Date 7-23-79 Planning Commission Approval 8-14-79 Council Approval of completely submerged soil retention system. 3-28-80 APO letter to Smerling regarding Holzer inquiry also "no record of any permit or inspection calls for your wall". 5-15-80 Site inspection by Jacobs & Olson - 1 stone plus 2 wood retaining walls inplace, apparently last fall. No permit ever issued. STOP WORK posted along with inspection notice. Work done does not conform to approved plans. May 15, 1980 Holzer/Smerling - Status Report Page 2 File #492 Smerling (Cont.) Comments: It appears as if the work is intended to be completed as grass is growing. We do not know the structural design of the wails although we note they are leaning (by design or frost?). They are in two tiers a:,d each is exposed 24-30 inches with up to 4 ft. high poles above the ground. There is no ground cover or shrubs apparent except for grass. A new review of the appropriateness of these walls would likely take until August or later. FINAL COMMENTS The Holzer job is obviously more extensive than the Smerling job. There are code violations on both properties because of work without permits and work not in conformance with approved plans. Neither work is obviously unsound nor does either pose an obvious environmental or erosion problem. The issue in both cases is one of appearance and conformance to Council approval. M � Ll / � �% i � �A� � �� e r/ � R �� t>Yy � � .. `�, i/ \ // n ''� _ � 3 ' c 1 I s \ � �� B � 1 '� � _`ry� 9, �� ., ��.� �' �`� .!a .ram �� / t \ � , s �. % � V� ` Y � � < �`1 � ` a Ear.+ i ` ` \ :Y �� , � � .. 6 �a � �'r � ..� , I� \ `` \ �,� �M' , ` y .�T� s" ,. �� `.,yam' - ��-_,,�,`�, � �' - �- � � � � \ - g 5 ,- / V.,` / 4�. DA-F TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. —_ COMPLCTED -lgo—If— ADDRESS OWNER _ _ CONTR. _ _- ❑ FOOTING ❑ PLUMBING RI INSPECTION ❑ FRAMING ❑ MECHANICAL DAV./GRADING/FILLING ❑ INSULATION ❑ WATER HOOKUP LAKESHORE/WET LANDS ❑ WALLtBD. ❑ METER SET/TURN ON ❑ LICENSING ❑ E.WAL ❑ SEWER HOOKUP ❑ COMPLAINT JJ-IPROGRESS ❑ SEPTIC INSTALL. ❑ FOLLOW-UP ❑ DEMOL. ❑ SEPTIC MAINT. C FIRE PREY. ❑ WELL TEST PUMP ❑ _ -ITI&IN %r ft 1!5 N� 1 in accocstii•eG �✓ WORK SATISFACTORY- PROCEED ❑ HOIf) TAKEN CORRECT WORK 6 PROCEED CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. STOP ORDER POSTED. CALL INSPECTOR. INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. Please call for the next inspection 24 hours in advance. Owner/Contr. on Inspector 473-7357 White Copy/Inspector's File Gold Copy/Site Note CITY OF ORONO INSPECTION NOTICE PERMIT NO. ADDRESS OWNER _ ❑ FOOTING ❑ FRAMING ❑ INSULATION ❑ WALL BD. W ❑ F AL tiOGRESS N ❑ DEMOL. O ❑ FIRE PREY. 2 Q COMMENTS: J W _ 2 J Z G J O i Q LL Q W CC W W r fLtb �I J O CALLEDIN SCHEDULED ❑ PLU*9ING RI ❑ MECHANICAL ❑ WATER HOOKUP ❑ METER SET/TURN ON ❑ SEWER HOOKUP ❑ SEPTIC INSTALL. ❑ SEPTIC MAINT. ❑ WELL TEST PUMP DATE TIME CONTR. FLANISI E INSPECTION CAV./GRADING/FILLING KESHOR E/WET LANDS ❑ LICENSING ❑ COMPLAINT ❑ FOLLOW UP 2 W O ❑ WORK SATISFACTORY PROCEED ❑PHOTO TAKEN O ❑ CORRECT WORK a PROCEED U ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN, STOP O RDER POSTED. CALL INSPECTOR. ❑ NSPECTION REQUIRED. CALL TO ARRANGE ACCESS. Please call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector 4%.3" 7357 Whlm Copy/Inspector's F.le Gold COPY/Site Notice REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 16, 1979 P,aue 3 The plat contains eleven lots plus a private road; SUBDIVISION• Outlot A is deeded and dedicated to the City as 4605 Watertown Road public land in lieu of any park dedication fee (Continued) And is being used as right of way for the ring route road. The City of Independence has already approved and signed off on the plat. Council Meeting - October 16, 1979 Butler moved, Massengale seconded, to adopt RESOLUTION 41078" Resolution 41078, A Resolution Approving The Plat MCCullev Farm Of McCulley Farm, Motion, Ayes (4) - Nava (0). Alan Olson, City Planner, entered into the record V15ONDITIONAL USE PERMIT* the following concerning a variance and conditional a-7-Casco Point Road use permit for Alexander Holzer, 2677 Casco Point #436 Road, dated Sentember 25, 1979, which states: xander Holzer Cou approved issuance of variances and conditional use it to grade property and reconstruct retain- ing wall per Gordon Coffin drawing dated Sentember 18, 1979 except that buried portion of wall to be no higher than 958.33 - top of wall - with approximately 2" topsoil cover - this is a reduction of five blocks instead of four as shown. City staff to approve final grading on site. 19e will document the final wall height prior to work and covering. work should begin and be completed as soon as possible. You will receive a resolution to be signed and returned before the October 16, 1979 meeting. Council Meeting - October 16, 1979 Butler moved, Massengale seconded, to adopt Resolution RESOLUTION 4107,9• 41079, A Resolution Approving A Conditional Use Pernit Alexander Holzer And Variance For -Alexander Holzer. Motion, Aves (4) - Hays (0). fir. Leo Duehn, 1140 I7orth Arm Drive, appeared and requested an extension of time because of lack of legal counsel. Mayor Van Hest moved, Hurr seconded, to table the application of Leo Duehn and KK s Kompany, 1140 North Arm Drive, until the next Council meeting. Motion, Ayes (4) - Nays (0). CONDITIONAL USE PER 1140 North Arm Driv l489 KK a Kompany RESOLUTION NO. 1079 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR ALEXANDER HOLZER WHEREAS, the Planning Commission and Council have reviewed at length an application by Alexander Holzer to install certain retaining walls and accomplish certain grading on his property located at 2677 Casco Point Road; and WHEREAS, said proposal entails grade changes and site alteration on an embankment within 75 ft. of Lake Minnetonka, which work requires a variance to Section 31.830 et. seq. of the Flood Plain Management Section of the Orono Municipal Code; and WHEREAS, said proposal entails general site grading and retaining wall construction not a part of a normal building permit, which work requires a conditional use permit pursuant to Section 31.700 of the Orono 'Municipal Code; and WHEREAS, some of the above work was undertaken prior to application for the required permit and/or variance and has been suspended pending the outcome of this application, NOW, THEREFORE, BE IT RESOLVED, that based upon Planning Commission and City Staff research and the information supplied by the applicant, the City Council hereby makes the following findings of fact: 1. Certain portions of the work are necessary to prevent undue erosion and/or water drainage to the neighboring properties, specifically damage to the boathouse on the property to the north and possible erosion damage to the embankment on the property to the south. 2. Certain amounts of the existing retaining walls located underground are beneficial in preventing possible erosion or slippage of the applicant's embankment. 3. Certain amounts of site grading are desirable to slow and/or direct the flow of surface waters for erosion control. 4. Certain other amounts of site grading and especially wall construction above the ground are not required for drainage or erosion control purposes and may affect the lakeshore visibility from adjoining properties. 5. Certain amounts of the wall construction are contrary to Sections 34.201 and 34.202 of the municipal code which prohibit the construction of buildings e: hardcover within 75 ft. of the lakeshore or ahead of the .verage setback of lakeshore residences. Resolution No. 1079 Page 2 6. Some work is required to be accomplished as soon as possible to restore vegetation to the land, correct improper portions of the work already accomplished, and to prevent undue erosion over the winter. 7. Special conditions applying to the land in question are peculiar to this property and immediately surrounding property and do not apply generally to other land or structures in the district in which said land is located. 8. The granting of portions of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 9. The granting of permits including a variance to allow a certain extent of the work to be completed will not in any way impair the public health, safety, comfort, morals o._ general welfare, nor the value or security of adjoining properties. 10. The granting of the permits for some of the work will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. 11. The granting of the necessary variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties to allow correction of the existing problems and to secure the interests of abutting property owners in maintaining the value and security of their property. FURTHERMORE, BE IT RESOLVED, that based upon the foregoing findings the City Council hereby affirms the conceptual approval for such work as granted at the September 25, 1979 Council meeting according to the following conditions: 1. Work shall be done essentially as proposed on the drawing made by Gordon Coffin Company, dated September 18, 1979, as clarified by the letter of Robert Mitchell, dated September 25, 1979, except that the top of the buried portion of the wall across the front of the property shall be at elevation 958.33 ft. 2. Final grading shall be reviewed and approved by the City staff. 3. Drainage patterns shall be essentially as shown, with no piped drainage to Lake Minnetonka. 4. All exposed earth shall be satisfactorily sodded or seeded to control and prevent erosion, with steeper portions of the embankment to receive additional vegetation having seep root systems. Resolution No. 1079 Page 3 5. Any work required to correct and restore areas on neighbor's properties shall be negotiated and/or resolved between the parties as a private matter and is not a part of these conditions. 6. Work shall be completed this fall, preferrably as soon as possible, but in no case later than December 1, 1979, except that portion of the work requiring planting or vegetation may be deferred and/or completed next spring, the intention being to fully protect from runoff and erosion damage over the winter and during spring runoff. 7. Failure to satisfactorily complete the work shall be considered a violation of the zoning code punishable as a misdemeanor as provided therein. S. The applicant shall sign this resolution as an agreement to complete the work according to these conditions. Alexaryder Holzer 4 Date I / /�a / t �/ /l , �✓ . 7 j. ieta Holzer Date 4 K V,. /0-5-7� ATTES : Robert Mitche Date Adopted by the City Council of the City of Lnoon thX16day of October 1979.J William B. Van Jest, Mayor ATTEST: .�p, l+1<L Walter $. Benson, Clerk/Administrator RE,ULAR MEETING; OP THE ORONO COUNCIL, JANUARY 30, 1980 Page 2 Alan Olson, City Planner, presented the City CAPITAL IMPROV. .NT PLA Council with a memo concerning a Capital Improve- Wayzata School District ment Plan Review for the Wayzata School' District #284* #284, dated January 22, 1990, which states: The District 284 Plan lists no anticipated capital expenditures at least through 1990. The District is split between rural farming areas "north of Highway 55" and "developed or developing.... suburban housing" south of Highway 55. The develop- ment occurring in Plymouth is expected to keep enrollments stable with a slight upward trend in the next ten years which is expected to allow good utilization of existing facilities without requiring expansion. There are no plans for closing any building. The plan takes note of Minneapolis' 400 acres of workhouse property which has been the subject of some housing development speculation. If this development were to occur, the District may have to add facilities. The District has one high school, one junior high, six elementary schools and one administration building. Since no facility is in Orono, there is no direct impact on Orono public facilities. There is no discussion about District transportation. The financial section of the plan is aimited to the bonded indebtedness. It is interesting to note that Wayzata has stable or increasing enrollment with no plans for facility expansion while Orono and Westonka expect slight enrollment declines but also desire facility expansion for certain special programs. Council Meeting - January 30, 1980 Butler moved, Hurr seconded, to approve the Capital Improvement Plan Review for the Wayzata School Distr_ct #284. Motion, Ayes (3) - Nays (0). No comments from the public. PUBLIC COMMENTS Jeanne Mabusth, Zoning Administrator, presented EXTEND DEADLINE DATE* the City Council with the following memo concern- 2677 Casco Point Road ing the Alexander Holzer property at 2677 Casco #436 Point Road dated January 18, 1980, which states: Alexander Holzer (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30, 1980 Page 3 Mrs. Holzer has requested an extension of the EXTEND DEADLINE DA!! deadline date for the completion of all phases of 2677 Casco Point A restoration as specified in Resolution 41079. (Continued) The work to be completed will now include the required seeding and plantings. The new date as requested is July 1, 1980 per Mrs. Holzer's letter of January, 1980 (rece:.ved in this office January 18, 1980). Staff agrees with the applicants that this is a "reasonable" request. Council Meeting - January 30, 1980 Butler moved, Hurr seconded, to approve the extension date to July 1, 1980, to complete the � restoration for Alexander Holzer, 2677 Casco Point Road. Motion, Ayes (3) - Nays (0). Mayor Van Nest moved, Butler seconded, to table CONDITIONAL USE PERMIT the request of KK & Kompany, 1140 North Arm Drive, 1140 North Arm Drive for a conditional use permit until Mr. Leo Duehn 4489 is available to appear at the meeting. Motion, KK & Kompany - Leo Due Ayes (3) - Nays (0). Mr. Timothy Petersen, 280 Orono Orchard Road, CONDITIONAL USE PERMIT was present concerning his conditional use permit. 280 Orono Orchard Road He informed the City Council that ne wants it to #500 be on the record that his tower will be coming Timothy Petersen down on Friday of this week and that he will be moving out of Orono June 10 1980, Mr. Petersen stated that he had asked for a representative from the contracting company that had put up the tower to be available this evening, but that it was impossible due to the that he is in Atlanta, Georgia on vacation. tated that the contractor would write a letter t, Mr.Olson requesting whatever is necessary on formalities with a target date for this Friday for removal of the tower. Mr. Petersen also stated that interference is not an issue but apparently was at the last meeting. He had contacted an engineer for the FCC who has been out there and made an inspection of the facilities and will do whatever is necessary to correct the problem. Mayor Van Nest: The FCC? Mr. Petersen: Yes. we want to cooperate and make sure it is done right and as soon as they can get a crew, it will disappear. I think you should rescind allthe necessary paper work. (Continued) MINUTES OF A PLAWTING COMMISSION MEETING HELD ON JULY 23, 1979 PAGE 2 The general consensus of the Planning Commission was that the boat repair was the same type of use as the auto body and was a cleaner, better operation. Mr. Jeff Johnson, 1145 Loma Linda, was present. He had no objection to the operation; his only request was that a fence be placed between his and Mr. Duehn's property to definitely separate them. Planning Commission felt the number and size of the boats being stored should be specified. Wilson moved to recommend approval of the Conditional Use Permit subject to the following conditions: 1) Fence to be constructed along rear lot line (east line of property). 2) Boat storage, other than that serviced by the garage, will be limited to no more than 20 boats on the property at one time. 3) No boats to be stored higher than bank on north side of property. 4) Car repair permitted during winter mon-_ns (Oct. 1 through March 31). Repair to be carried on inside the facility - no car permitted to be parked outside, and 5) Subject to yearly review upon complaints by neighbors at staff request. Motion seconded by Adams. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. and Mrs. Smerlirg were present. Mabusth entered into the record tha : the Minnehaha Creek Watershed District will not require a permit for the construction of the wall provided that: 1) the construction is above the 931.5 contour line, 2) wetlands are nor involved, and 3) there are no changes in the shoreline. No public comments were heard. KK 6 KOMPANY 1140 North Arm Drive COND. USE PERMIT 0489) Cont. v LOUIS SMEkLING 2683 Casco Point Road COND. USE PERMIT (#492) Frahm moved to recommend approval of the Conditional Use Permit for the retaining wall and refilling a portion of the bank in accordance with plans submitted contingent on completion by September 15, 1979. Motion seconded by Hammerel. Vote: Ayes (7), Nays (0). Motion passed unanimously. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 City Planner Alan Olson's letter of Julv 26, 1979 to Mr. Robert Pope regarding the First National Hank of Navarre was reviewed by the City.Council. Page 12 BUILDING PLAN REVIEW 2465 Shadj#ood Road 4491 Navarre Bank Nobody was present to represent the First National Bank of Navarre. Discussion included the encroach- ment into the LR-IA residential zone of approximately 50' on the site plan for the parking lot instead of the approved 10' variance. It was also noted that the conceptually approved plan contained 9,600 sq. ft, for the new bank and not '•,,:luding the dotted line "alternate building" addition. Staff was also directed to contact the Bank to pursue a driveway connection between this property and Super valu. Mayor Van Nest moved, Massengale seconded, to clarify the conceptual approval of a 10' variance rather than a 50' variance, as in letter, for the parking area for the First National Bank of Navarre. Notion, Ayes (5) - Nays (0). Mayor Van Nest moved, Burr seconded, to table for two weeks the approval of building plans for the First National Bank of Navarre in order to notify_ the applicants and request changes in parking locations and/or building size so that all develop- ment occurs in the B-4 zone. Motion, Aves (5) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the conditional use permit request of Louis Smerling, 2653 Casco Point Road, dated July 16, 1979, which states: Purpose - restore lakeshore slopes to original grade and to control erosion. The applicant has held up his conditional use applicr �n until the Alexander Holzer permit was complet The long delays involved with his neighbor's application and the heavy rains of this season have created a greater potential for additional erosion of the steep banks of his lakeshore property. Staff has called for action on the application for the July 23, 1979 meeting. The erlosed letters have been sent to both the City Ei.,. --er and MCWD for review. The project involves a 32' long area along the bank. The supporting timber structure or "retaining wall" will be subsurface with the necessary plantings above. I have only one question that I will direct to the City Engineer involving the temporary step after seeding or covering the bank with a plastic and fiber mulch. The rest of the project appears to meet code. CONDITIONAL USE PERMIT 2653 Casco Point Road ►492 Louis Smerling (Continued) REgULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 12 City Planner Alan Olson's letter of July 26, 1979 BUILDING PLAN REVIEW to Mr. Robert Pope regarding the First National 2465 Shadywood Road Hank of Navarre was reviewed by the City Council. #491 Navarre Bank Nobody was present to represe:,t the First National Bank of Navarre. Discussion inrluded the encroach- ment into the LR-lA residential zone of approximately So' on the site plan for the parking lot instead of the approved 10' variance. It was also noted that the conceptually approved plan contained 9,609 sq. ft. for the new bank and not including the dotted line "alternate building" addition. Staff was also directed to contact the Bank to pursue a drivewav connection between this property and Super valu. Mayor Van Nest moved, Massengale seconded, to clarify the conceptual approval of a 10' variance rather than a 50' variance, as in letter, for the parking area for the First National Bank of Navarre. Motion, Ayes (5) - Nays (0). Mayor Van Nest moved, Burr seconded, to table for two weeks the approval of building plans for the First National Bank of Navarre in order to notifv the applicants and request changes in parking locations and/or building size so that all develop- ment occurs in the B-4 zone. Motion, Aves (5) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the conditional use permit request of Louis Smerling, 2683 Casco Point Road, dated July 16, 1979, which states: Purpose - restore lakeshore slopes to original grade and to contrcl erosion. /CONDITIONAL USE PERMIT 2683 Casco Point Road #492 Louis Smerling The applicant has held up his conditional use application until the Alexander Holzer permit was completed. The long delays involved with his - neighbor's application and the heave rains of this season have created a greater potential for additional erosion of the steep banks of his lakeshore property. Staff has called for action on the application for the July 23, 1979 meeting. The enclosed letters have been sent to both the City Engineer and MC%?D for review. The project involves a 32' long area along the bank. The supporting timber structure or "retaining wall" will be subsurface with the necessary plantings above. I have only one question that I will direct to the City Engineer involving the temporary step after seeding or covering the bank with a plastic and fiber mulch. The rest of the project appears to meet code. (Continued) RESULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 13 Staff Update - Alan Olson - July 30, 1979 On July 26, 1979, Alan Olson and Glenn Cook met with Jim Orr, Mr. Smerling's engineer, on the site to review this proposal. The bank has slipped with the remaining soil on about a 600 angle which definitely needs some stabilization. Mr. Kelley's letter suggests one "retaining wall"; however, Mr. Orr notes that two or more subsurface stabilization walls may be necessary. The purpose of these buried "walls" is to contain new fill so that vegetation can be reestablished. The vegetation will eventually do as much or more to limit future slipage than will the wall. Staff expects a sketch plan and section of the proposal before the Council meeting so that the project can be visualized. We also recommend approval of the proposal without further delay. The original slipage occurred last summer and should be renaired before another winter freeze. Staff also recommends that Council consider an amendment to the zoning code to permit staff review and issuance of permits for similar corrective work. This will serve to permit quick response to emergency shoreline protection. Particularly where the work involves no permanent exposed structure, staff should be allowed to permit necessary grading and/or filling to stabilize eroding bluffs in the same way that we now issue routine riprap permits. Council Meeting - August 14, 1979 Mr, s Mrs. Smerling were present. Massengale moved, Paurus seconded, to accept the plan as presented by Louis Smerling, 2683 Casco Point Road, for a conditional use permit to restore his lakeshore slope to original grade and to control e:70Sion, subject to no guarantee on the part of the City that it is a workable plan. Motion, Ayes (5) - Nr,ys (0). CONDITIONAL USE PERMIT 2653 Casco Point Road (Continued) Butler noved, Massengale seconded, to direct staff to EROSION CONTROL prepare an amendment to the zoning code to pe-.ait staff review and issuance of permits to residents for the control of the erosion of their shorelines. Motion, Ayes (5) - Nays (0). CITY of ORONO ," oaxa Box she Crrawl Bay, Mioaw ia=23•Mudeipal Office Td,ohone 473.7W7 Mr. Louis Smerling 2552 West Lake of Isles Boulevard Minneapolis, Minnesota 55405 Control No. 492 Variance 87L Conditional Use Permit _. Subdivision, Prelim. _ Subdivision, Final Date of Notice '1 '7 NOTICE OF CITY COUNCIL ACTION RE: 2683 Casco Point Road Date of Meeting: August 14, 1979 Votes: 5 For 0 Against Abstention Action: _ Approval: As submitted subject to applicable ordinance Approval. Subject to conditions noted Deferral: Pending receipt of information noted Referral: Review by others, as noted _ Denial: For reasons noted NOTES S SPECIAL CONDITIONS: Council approved concept of replacing slope to original condition with a completely submerged soil retention system. Engineering review of plan presented at meeting confirms that this meets conceptual approval conditions. Technical suggestions include addition of at least one submerged retaining wall per Kelly suggestion at center of slope and/or replacement of steel posts with deeper wood posts. Deadlines:_ Variance approval expires one year after the meeting date. Contact building inspector for required permits. XX Conditional Use Approval Must be renewed annually. Work completed by X Expires on August 14, 1980. Must be renewed upon change in ownership or use. _ Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. _ Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you desire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. TO: Planning commission and Council #492 FROM: Alan Olson, Village Planner DATE: August 25, 1980 SUBJECT: Variance - Beverly Smerling, 2683 Casco Point Road On July 2, 1979, Mrs. Smerling applied for a conditional use permit to perform grading and filling in restoration of the shoreline bank which had suffered slippage in the spring rains. Smerling proposed a completely submerged soil retention system with no visible structure, only plantings on the surface. This was approved by the Council on August 14, 1979. Smerling's contractor proceeded to do the work, but did not follow the approved plans. Two wood retaining walls were placed part way up the hill. One wall is exposed about 18", the other about 24". Each wall is about 20 ft. long. Plantings were completed. Upon inspection this spring, the inplace work was found. A Stop Order was placed because the work was not in conformance to approved plans. Smerling has now applied for an amendment to the conditional use permit and a variance to 31.700 & 34.202 to permit keeping of the retaining wall structures within 75 ft. of the lake. The contractor doing the work (Kelly & Kelly Inc.) feels that because of the 60% slope, the retaining walls provide better stabilization than the original subsurface design. It should also be noted that this same concern was voiced by the City Engineer in review of the original application. In summary, this review is a requested recce v''vration of the plans approved for application #492. The options include approving the changes (finding necessary hardships, etc.); denying the amendment (forcing compliance with the originally approved plans); or some compromise solution between the above. STAFF UPDATE - SEPTEMBER 24, 1980 The Planning Commission recommends approval of Mr. Smerling's request to amend his original CUP and Variance application based on the hardship of the 60% slope of lakeshore bank, the original finding of the City Engineer who anticipated the need for retaining walls and subject to the applicant covering the disturbed area with proper plantings. Council may wish to set a deadline date for completion of restoration. MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 22, 1980 Planning Commission met on the above date. Present ATTENDANCE were the following members: Chairman Hammerel, Frahm, 7:30 P.M. Jabbour, McDonald and Rovegno. Goetten arrived at 7:35 P.M. and Adams at 7:45 P.M. Mabusth represented the City staff. Mr. Smerling was present. Mabusth reviewed the original application and the need to amend that application. The applicant has been advised by his contractor that due to severe slope of the bank that two retaining walls 20' in length, one 18" in height and the other 24" in height must remain in place. Smerling had hoped to have a completely submerged soil retention system. ✓I,oUIS SMERLING , 2683 Casco Point Road CONDITIONAL USE PERMIT-1 i VARIANCE (Amendment) i ($492) ; Robert Hunt, 2691 Casco Point Road, stated he had no objection to the improvement. He felt it did not affect his property nor impair the aesthetic character of the lakeshore. Frahm moved to recommend approval of Smerling's request to amend his original conditional use permit and variance_ application based on the hardship of 60% slope of lakeshore bank and City Engineer's original anticipation of the need for this type of retaining walls, on the condition that disturbed area is replaced with proper plantings. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0). Motion passed unanimously. Michael Flannaqan represented Ministers Life MINISTERS LIFE DEV. Development Company. Mabusth reviewed the six lot 1484 Shoreline Drive plat for the new members. Rovegno questioned Outlot FINAL SUBDIVISION A,'riparian outlot for Lot 6. Planning Commission Resolution advised that the three non -riparian lots were given (4541) riparian rights based on the total lineal frontage of lakeshore. Hamnerel moved to recommend approval of the Ministers Life Development Company plat subject to the findings and conditions cited in the staff resolution. Motion seconded by McDonald. Vote: Ayes (6), Nays (0). Motion passed unanimously. CITY of ORONO Plat Office Boa fi6eCrya,al Bay. Minneaala SM27e Municipal Offices Telephone 473-7M7 TO: Mr. Louis Smerling 2552 West Lake of Isles Boulevard Minneapolis, Minnesota 55405 Copies to: Control No. 492 Meeting Date 9-29-80 Notice Date 10-1-80 X Variance x Conditional Use Permit Subdivision, Preliminary Subdivision, Final irr,r+�-at,r,*,t�„ti,�,t,�-r<•**,rx�-x�xr,ti**max****�****+� x�*�eieietx�,t�a�rkrieiie�,�+„t� x�-r�,tie! COUNCIL ACTION Vote: 5 For o Against _ Abstention MOTION Council conceptually approved a variance for amendment to the conditional use permit issued August 14, 1979 according to the Planning Commission findings and recommendations. A resolution will be drafted for final approval at the next meeting October 14, 1980. ririrkir****ir*****tk***:tir**yr>Y.F***:k*ir***i-,taYk**i�'#'t4ttfrint**ick*+ttl ki.-k#irk**int,Fk+l-kf k#i DEADLINE DATE _ for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). _ for Work Permit for work tc begin _ for work to be application completed _ WORK PERMITS ARE REQUIRED - contact Builc'_ng Inspector before beginning work. _ VARIANCE APPROVAL is limited to the exten_ shown on approved plans. Do not change plans. Variance authority expires one year after approval. _ CONDITIONAL USE APPROVAL expires upon charge of ownership or use, or on deadline date specified above. _ PRELIMINAnY SUBDIVISION APPROVAL - Applic_nt must provide all information and/or improvements required for final ap-roval. Contact Zoning Administrator. _ FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may oe oocainea uy contacting the City Clerk. .allow at leas: three weeks from meeting date. amity of oRolvo RESOLUTION OF THE CITY COUNCIL NO. iva; •: T A RESOLUTION APPRGVING A CONDITIONAL USE PERMIT AND VARIANCE FOR LOUIS & BEVERLY SMERLING WHEREAS, the Planning Commission and Council have reviewed at length an application by Louis & Beverly Smerling to install certain retaining walls and accomplish certain grading on property located at 2683 Casco Point Road; and WHLRE:.S, said proposal entails site alteration on an embankment within 75 ft. of Lake Minnetonka, which work requires a variance to Section 31.830 at. seq. of the Flood Plain Management Section of the Orono Municipal Code; and ¢3E?EAS, said proposal entails site cradiag and retaining wall cotstruction not a part of a normal building permit, which work requires a conditional use permit pursuant to Section 31.700 of the Orono Municipal Code; and some of the above work was undertaken prior to application :c. the required permit and,or variance a^d has been suspended pending the outacne of this application, NOW, THEREFORE, BE IT RESOLVED, that based upon Planning Commission and City Staff research and the information supplied by the applicant, the Citv Council hereby makes the followirq findings of fact: 1, The Smerlinc property suffered a major mud slide in 1978 where a :2 ft. X 40 ft. section of the lakeshore bank slid into the laka. The area of the sL•_e lies ent`rel': ' ___._. '5' of -he 1 ai:a, below the s.e e_ of -h_.. • _..;side la.'n _r an on le of about 60 degrees. 3. Because of the actual loss of soil and +e=e:acion anC ^e st4cpnes= '._ zhe bark, a mecc_:nica_ soil - - _ - is -- essay:• to= '_ilize tre ia..',, nrecl•-a `ur_^•_s _ ems.'7 and siltation 0. t.'M lake. 4. The applicant oricin.11� eroros,:.i ecastr_ction o: an _7 ' con-ea?e_ uc:i�:o--. 1rc pri:i - `er for soil ree•:cion. 5:•ster Nt ':=id 'e :. ..si'.-1 st Uctt1*_ .._:'h in 7° _ _r.__.. ,r. was cni_: for a cenditi n.. use erriite Der S.rr_:_r 3'..7^?. No site gra.ie alterazior. was PAGEy OF'7/ City of ORONO '•.•t RESOLUTION OF THE CITY COUNCIL .:�r .. NO. 5. The City Engineer's review of the subsurface proposal stated that "it would appear that the construction proposed in mr. Kelly's letter would have minimal benefit in preventing erosion". The Council's approval of this design on B-14-79 was made ih full knowledge of this caution but was in hopes that the subsurface desicn wou'd be sufficient. 6. A building permit was issued on the basis of the stove approval. 7. A site visit by the City Inspector on Ma_• 15, 1980 revealed an exposed wooden, retaining wall in place not in accerdai.ce with the appro•:ed conditional use permit. A stop work order was placed on the prenises. 8. Smerling thereafter reapplied for a variance and amendment to the original application to allow keeping of the wood walls staring that upon actual construction his contractor had re%erted to the design originally recomnended b_ the City Engineer in his 1979 plan review. 9. On September 22, 1980 Planning Com=•riss'-on reviewed the inplace work and the engineer's recommendations and recom:-ended approval cf a variance to Section 31.830 and 34.201 finainc that the actual bang slippage and steepness of the grade constitutaC a hardship such that an exposed retaining wall was necessary to properly stabilize the bank from erosion. 10. The Council find_ that the inplace wood retaining walls are the minimum necessar_ to accomplish er"s cr. and slippai- control on the subect ban:;. 11. The Council finds that wood plank retaining Halls such as erected on this property do not constitute "hardcover" as regulated by Section. 34.202 because there is effectively nr width or thickness to the wall as there wcaid be.:itt, flat (railroad tie) timbers or masonry walls. 12. The applicant should have reap: lied for a variance and amended plan review prior to accorclishinc the work, but that the w,rk has been l:em.Acted an:! all vegetation has been restare.i oraby reducing toe __._ to exposed soil and .e..lu:_. the erosion !:-_zard. PAGE i OF City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Lam: 13. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 14. The granting of permits including a variance to authorize the work will not in any way impair the public health, safety, comfort, morals or general welfare, nqr the value or security of adjoining properties. 15. The granting of the permits will not be contrary to the intent of the Cocrrehensive Land Use Plan or the Zoning Code. 16. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties to allow correction of the existing problems and to secure the interests of abutting property owners in maintaining the value and security of their property. FURTHEMIORE, BE IT RESOLVED, that based upon the foregoing findings the City Council hereby affirms the conditional use permit issued on August 14, 1979 and the variance ?or such inplace work as conceptually granted at the September 29, 1a80 Council meeting according to the following cordit_ons: 1. No further retaining walls shall be constructed without prior application and approval therefore according to the applicable ordinance: of the City. 2. The i^olace walls shall be min.rized in he_cht by cutting o- all vertical posts flush -4' th. the toF of the horizontal planking. 3. All exposed earth seeded to control and of the embankment to deep root systems. 4. Vegetation shall in front of the w't_ls growth will cover3: viewed from the la:ae. shall be satisfactorily sodded or rrecent erosion, with steeper Aortic receive additicnal vegetation ha-:iny be established 'before November 1, 1980 with th•_ intent that the n.ateral o'_=c•�r _• •risibil4ry of the walls when. PAGE 3 OF City of ORONO F {v RESOLUTION OF THE CITY COUNCIL { NO. /-2// 5. Failure to satisfactorily complete the work shall be considered a violation of the zoning code punishable as a misdemeanor as provided therein. 6. The applicant shall sign this resolution as an agreement to c Mete the work according to these conditions. Louu Smezlina J Bever Smerlincuf Date Adopted by the City Council of the City of Orono on the 3rjl day of October _ 1980. William 3, an Nest, Mayor Diary C. Butler, Acting Mayor ATTEST: li alf=_r ... Ben -son" City ?c�±ca'ra cor PAGE , OF4/ CITY of ORONO I'unt Offin FL,x,ti6•Crrepl aaY. M..nr a SMM. Municipd Offices Td,phune 473.7M7 TO: Mr. Louis Smerling 2552 West Lakes of Isles Minneapolis, Minnesota 55405 Copies to: Control No. 412 Meeting Date October 14 198 Notice Date oci x Variance X Conditional Use Permit Subdivision, Preliminary Subdivision, Final COUNCIL ACTION Vole: _4 For 0 Against _ Abstention MOTION Council approved Resolution No. 1211 attached approving after -the -fact the variance and amended conditional use permit as stipulated therein. A � k*A Al DEADLINE DATE for subml",I of new information (application may be considered formally wi-ndr3wn if information or explanation is not provided). for Work Permit for work to begin __ for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector befure beginning work. x VARIANCE APPROVAL is limited to the extent shown on approved plans. x Do not change plans. variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact tuning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such record:.ag returned to the City by deadline date. Certif'ed copies of official City Council Minutes may be obtained by contacting the City Cle:-. Allow at least three weeks from meeting date.