Loading...
HomeMy WebLinkAboutProject Packet • _ e7°40 *` CITY of ORONO qi)'Isfr'� 5✓r : r=� A, Municipal Offices 14 tolI�,�1 r 6 40 Street Address: Mailing Address: ,Eig0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 June 18, 1999 Nancy Chadwick Hinshaw& Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402 RE: Letter of Transmittal Dear Nancy: Please find enclosed the following certified resolutions: 1. Resolution No. 4110, File No. 2380 -Richard Kyle 2. Resolution No. 4264, File No. 2451 -Lyle Shaw 3. Resolution No. 4274,File No. 2468 -Elizabeth Nusbaum 4. Resolution No. 4275, File No. 2472 - Sandra Larson 5. Resolution No. 4272, File No. 2444 -Brian Schebler 6. Resolution No. 4276, File No. 2473 -Matthew B. Herman 7. Resolution No. 4277,File No. 2475 -Ronald P. Zelinsky, Jr. Please contact me at 249-4603 if you have any questions. Sincerely, & _.e.0.- btiJ‘ ell'-'' ' Carole A. Haseman Deputy Clerk Enclosures cc: Files Telephone(612)249-4600 • Fax(612)249-4616 Iv 0 4,--- O _� '.11, ,,, CITY of ORONO : ,,,, 1, 1 `1 ,Ali, ' " 11A C,', RESOLUTION OF THE CITY COUNCIL 4kESS04 NO. 4 2 7 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2473 WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota; and That part of Lot 2, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); 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 April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 A:1,-;.--ip.4, /O O t.--A).:,,.:_ CITYofORONO {i�'%4� G'� RESOLUTION OF THE CITY COUNCIL �L9 • ► P14� No. 4 2 7 f . kESHO 1. This application was reviewed as Zoning File #2473. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 5 to 1. 4. The Planning Commission made the following findings of fact: A. The portion of Cherry Avenue that the walkway would cross is undeveloped and is entirely within the wetland or below the 929.4' lakeshore elevation and will not be developed. B. A previous property owner acquired the 50' wide Lot 2 for riparian rights to North Arm Bay of Lake Minnetonka. The lot has been combined with the existing residential lot which is a conforming lot in lot area. C. The proposed dock would allow 1 slip per 50 feet of lake frontage. D. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. E. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. F. Additional variances are required for hardcover than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. 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 Page 2 of 5 4,, O CITY of ORONO A ''114(t;',7&.- RESOLUTION OF THE CITY COUNCIL 9kES1VO4 NO. 4 2 r� 0 pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 2. 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 0 411''', CITY of ORONO s RESOLUTION OF THE CITY COUNCIL ` 1CZs UOle NO. 4 ; 'c Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: . o Linda S. Vee, City Clerk Gabrie Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. (-71/ awe) cat,w7-2/ (�'` '"��• MARY ANN JOHNSON ,.. � Notary P "lic • NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2000 Page 4 of 5 �i • /0 , 0 . J f,,✓ CITY of ORONO �� �M''`1 4,'� RESOLUTION OF THE CITY COUNCIL �'�� - , 0�gw NO. 4 2 7 - kESUO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 30141 day of 4-p R/ ( , 199 7 before me a Notary Public within and for said county, personally appeared n7 q 4-+h e LO 13• 71/F ri h1 Qr7 5 I r) g/e- known to me to be the person(s) described in and who executed the foregoing instYument,and acknowledged that he (they) executed the same as his (their)free act and deed. t'('' MARYANNJOHNSON ald �' NOTARY PUBLIC-MINNESOTA NOTARX97QY PUBLIC - „..•e.-', My Commission Expires Jan.31.2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . NOTARY PUBLIC Page 5 of 5 . . . . , 4.0, 0'.4to --- , ,:,J %.,,0 CITY of ORONO �iJA) 1 G'� 4l RESOLUTION OF THE CITY COUNCIL 9 �kESB�' � ��g� NO. 4 2 7 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2473 WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota; and That part of Lot 2, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); 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 April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 )/1%) 40 1 .:1 �,� CITY of ORONO 1. .�/111 C.) RESOLUTION OF THE CITY COUNCIL kEsso 1. This application was reviewed as Zoning File #2473. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 5 to 1. 4. The Planning Commission made the following findings of fact: A. The portion of Cherry Avenue that the walkway would cross is undeveloped and is entirely within the wetland or below the 929.4' lakeshore elevation and will not be developed. B. A previous property owner acquired the 50' wide Lot 2 for riparian rights to North Arm Bay of Lake Minnetonka. The lot has been combined with the existing residential lot which is a conforming lot in lot area. C. The 'proposed dock would allow 1 slip per 50 feet of lake frontage. D. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. E. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. F. Additional variances are required for hardcover than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. 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 Page 2 of 5 . - • /iO _....... N. 0#C‘ 0 ^J. t,.. CITY of ORONO ,, '� RESOLUTION OF THE CITY COUNCIL lirso 9k'ESII04 NO. 4 2 7 a) pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 2. 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 . . , . „----:----------,. 7, 0.il O O , l CITY of ORONO ..s., ) i� 7 4, G'ti RESOLUTION OF THE CITY COUNCIL .c9k .� iESHog� NO. 4 F;' Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: 4,;,„ 1 .,..e__ -----\. '. . Lin a S. Vee, City Clerk Gabrie Jabbour, Mayor C_ <g- ait.o..„ P operty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. /-27(?4,4i ao,) i' :,, MARY ANN JOHNSON Notary 15ublic a ,. NOTARY PUBLIC-MINNESOTA g `".' My Commission Expires Jan.31.2000 Page 4 of 5 /‘-0.-- �O O . CITY of ORONO A . , ,%4 1., ' ��1),�'L,,' /�,G�11 RESOLUTION OF THE CITY COUNCIL 9 . i�'�gw NO. 4 2 7 (-1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3 ath day of 11-pR; I , 199 9 before me a Notary Public within and for said county, personally appeared TY/ a -I--F b e 8. 11-e R ni a', , Sin /e. known to me to be the person(s) described in and who executed the foregoing instrument�and acknowledged that he (they) executed the same as his(their) free act and deed. (-1 MARY ANN JOHNSON ' " .- NOTARY PUBLIC-MINNESOTA 97 alt ,4 L 6 7 t NOTARY UBLIC ` '.,•....� My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their)free act and deed. NOTARY PUBLIC Page 5 of 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 (#9 Sandra Larson, continued) Sansevere moved, Peterson seconded,to approve Application #2472,Sandra Larson, 540 Orono Orchard Road, and adopt RESOLUTION NO. 4275; a Resolution Granting Variances to Setbacks to Allow the Construction of a Covered Porch and an Enclosed Deck. VOTE: Ayes 5, Nays 0. *(#10) #2473 MATTHEW B. HERMAN, 3825 CHERRY AVENUE-VARIANCES -RESOLUTION NO.4276 Sansevere moved, Peterson seconded,to approve Application#2473, Matthew Herman, 3825 Cherry Avenue, and adopt RESOLUTION NO.4276, a Resolution Granting Variances to Allow the Construction of a Catwalk Structure Across an Undeveloped City Right-of-Way and a Wetland. VOTE: Ayes 5, Nays 0. (#11) #2475 RONALD P.ZELINSKY, JR., 320 TURNHAM ROAD -VARIANCE -RESOLUTION NO.4277 Ronald Zelinsky,Applicant,was present. Weinberger stated the Applicant is proposing to construct an 18'by 36'swimming pool and a 12' by 16' pool house at 320 Tumham Road,which is zoned RR-1A and has a five acre minimum. This lot originally consisted of two lots which were legally combined and consists of 2.8 acres. Weinberger remarked that the Applicant was recently informed that he would not be able to have a pool house with plumbing installed since City Code requires that all accessory structures with plumbing be located in such a manner as to meet all yard setbacks. City Staff is recommending that the portion of the application dealing with the pool house be denied at this time. Weinberger noted that there is a garage located on the property with living quarters above it. This structure does contain plumbing and was used for a home occupation by a previous owner. The Applicant is proposing to place a swimming pool on the Chippewa Lane side of the property, which will require setback variances to the front lot line and side yard adjacent to street lot line. The Planning Commission did review the portion of the application dealing with the pool house, and recommended denial of the variances for an accessory building since the proposed pool house did not meet the required setbacks as City Code mandates. The Applicant did indicate that he would not construct the pool house without the plumbing. The Applicant is also proposing to construct a berm with landscaping in an effort to screen the pool from the neighbor to the south and to act as a buffer in an effort to reduce the noise level. Weinberger stated the affected neighborhing property owner has indicated that she would be in favor of this application with the understanding that a six foot berm will be constructed and adequate landscaping be planted to screen the pool. The Planning Commission did recommend approval of the portion of the application dealing with construction of the pool subject to the Applicant constructing a six foot high berm, planting adequate landscaping, submittal of a survey showing the existing and proposed topography of the property, and the Applicant obtaining a land alteration permit. Weinberger noted the Applicant will need to Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 26, 1999 (#11 #2475 Ronald Zelinsky,continued) apply for a conditional use permit if the project requires more than 500 cubic yards of fill to be moved. City Staff is recommending denial of the pool house and approval of the swimming pool. Zelinsky commented that he was initially told that he would be able to have the pool house with plumbing and was later informed that it would not be allowed. Zelinsky indicated that he would not be constructing the pool house at this time. There were no public comments. Sansevere moved, Kelley seconded,to approve Application #2416, Ronald P.Zelinsky,Jr., 320 Turnham Road, and approve RESOLUTION NO. 4277,a Resolution Granting Variances to Sideyard Setback and Front Lot Line Setback to Allow the Construction of a Swimming Pool. VOTE: Ayes 5, Nays 0. *(#12) JOINT USE DOCK LICENSE-VICTORIA ESTATES -RESOLUTION NO. 4278 Sansevere moved, Peterson seconded,to approve and adopt RESOLUTION NO. 4278, a Resolution Directing Staff to Issue a Joint Use Dock License to Victoria Estates Homeowners Association Subject to Conditions Noted Herein for the Period of January 1, 1999 to December 31, 1999 and Retroactively for the Period of January 1, 1997 to December 31, 1998. VOTE: Ayes 5, Nays 0. *(#13) KELLY COVE HOMEOWNERS ASSOCIATION -JOINT USE DOCK APPROVAL- RESOLUTION NOS.4279 AND 4280 Sansevere moved, Peterson seconded,to approve and adopt RESOLUTION NO. 4279, a Resolution Approving Creation of a Joint Use Docking Area Adjacent to Outlot A, Kelly Cove to Serve the Kelly Cove Homeowners Association. VOTE: Ayes 5, Nays 0. Sansevere moved, Peterson seconded,to approve and adopt RESOLUTION NO.4280, a Resolution Directing Staff to Issue a Joint Use Dock License to Kelly Cove Homeowners Association,subject to the conditions noted therein for the period of April 16, 1999,to December 31, 1999. VOTE: Ayes 5, Nays 0. (#14) ABOVE-GROUND STORAGE TANKS -ORDINANCE AMENDMENT NO. 186, 2ND SERIES Gaffron stated at the April 12 meeting the City Council members had indicated general support for the use of above-ground fuel storage tanks in the B-2 Lakeshore Business District, and an ordinance amending that section of the code is before the City Council tonight for your review. Approval of this ordinance requires only a 3/5 majority vote, as it is not a zoning ordinance. City Staff has not had an opportunity to explore the ramifications this ordinance would have on • the City's marinas, but it is likely that it will result in some requests for variances to hardcover as well as property line and lakeshore setback. Page 6 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19, 1999 (#2482 Spring Hill Golf Club, continued) overnight guests of the golf club. Stodd -d remarked that the City would not be in a position to regulate the use of the structure unless complaints are received. Schroeder stated the use of the structure is governed under Section 10.20, Subd. 3(G),which allows for domestic employees or their non-paying guests. Schroeder noted that this was a small structure and would not be able to house many occupants. Lindquist commented he does not have a problem with this application. Smith inquired whether the Planning Commission wanted to establish this structure as a guest house in the event that the golf course experiences more growth over the years. Johnson stated the Golf Club has provisions in its by-laws regulating the growth of the club, and that they are interested in providing some lodging for a caretaker. Smith stated she would like this issue to be revisited if the use of the caretaker house should change in the future. Gaffron stated the conditional use permit does give the City control over the use of the structure and requires the Applicant to come back if the use of the structure changes. Hawn commented from the audience that this house will not accommodate many guests. Stoddard stated in his view the standard language would be sufficient in this situation and that further restrictions are not necessary. Schroeder moved, Stoddard seconded,to recommend approval of Application#2482, Spring Hill Golf Club, 725 Sixth Avenue North,allowing a Guest House Conditional Use Permit as defined in Section 10.20, Subdivision 3(G),and further subject to the other conditions outlined in the April 14, 1999 Planner's Report. VOTE: Ayes 4, Nays 1,Smith Opposed. Smith stated she was opposed to this application because she would like to see the provision included which would require the Planning Commission to review the conditional use permit before the use of the structure is changed. (Hawn returns to the Planning Commission at 8:58 p.m.) 9. #2473 MATTHEW B. HERMAN, 3825 CHERRY AVENUE-VARIANCES, 9:00 p.m. -9:08 p.m. The Certificate of Mailing and Affidvait of Pubication were noted. Matthew Herman, Applicant,was present. Weinberger stated the Applicant is requesting a variance to permit the construction of of 263' by 4' boardwalk across an undeveloped City right-of-way to connect a landlocked piece of property to his property,which is legally combined,with lakeshore rights. The proposed walkway would connect from the residence across a platted right-of-way,which will not be developed because it Page 13 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19, 1999 (#2473 Matthew B. Herman, continued) exists in a wetland, and would extend to the North Arm of Lake Minnetonka. In 1990,the City Council granted a similar approval for a previous property owner, but the structure was never built. The previous owner had requested a three foot walkway where this Applicant is proposing to construct a four foot walkway,which meets the City standards for walkways. A variance is required because the City does not allow structures to be placed within a wetland. Weinberger stated the DNR will also need to issue a new"work in bed of public water permit", and a variance from the Lake Minnetonka Conservation District may also be required for this walkway. The DNR has written a letter indicating they would be in support of a new permit for this proposed walkway based upon the City's approval. The adjoining neighbor also has a walkway down to Lake Minnetonka across the wetland. Weinberger stated the issue is the potential impact that might occur to the end of Cherry Avenue if someone tries to access the right-of-way, but this could only occur during the winter months if someone tried to access it with a snowmobile. City Staff is requesting a hold-harmless agreement with the property owner, which is typical in any construction that is permitted within a public right-of-way. City Staff would also request that signage be placed near the walkway to warn the public of a structure between the end of Cherry Avenue and Lake Minnetonka. City Staff is recommending approval of the application subject to the Applicant obtaining the appropriate permits from any agencies that have jurisdiction on this proposal. Herman had no comment regarding this application. There were no public comments. Stoddard inquired whether the Applicant is proposing to construct the deck at or below the 929.4 foot elevation. • Weinberger stated it would be similar to a dock that extends out into Lake Minnetonka. Lindquist commented he is not opposed to the application since similar applications have been approved by the City in the past. Lindquist moved, Hawn seconded,to recommend approval of Application#2473, Matthew B. Herman, 3825 Cherry Avenue, granting of variances to permit hardcover within 75 feet of the OHWL of Lake Minnetonka and to place a structure within a wetland,and further subject to the Applicant obtaining the appropriate permits from any other governing jurisdictions over this project. VOTE: Ayes 6, Nays 0. • 10. #2475 RONALD P.ZELINSKY, JR., 320 TURNHAM ROAD -VARIANCE, 9:10 p.m. - 9:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ronald Zelinsky,Applicant,was present. Weinberger stated the Applicant is proposing to construct an 18' by 36'swimming pool and a 12'by 16' pool house in the side yard adjacent to street yard where a 33'setback is proposed and Page 14 CITY OF ORONO APPLICATION NO. 2473 P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 Date of Notice: April 27, 1999 249-4600 TO: Matthew Herman COPIES: 3825 Cherry Avenue Mound, MN 55364 TYPE OF APPLICATION: Variance DATE OF MEETING: 4/26/99 VOTE: s FOR 0 AGAINST COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance application.) Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than April 26, 2000. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch c . c . TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator ! ' 7 2 (P FROM: Paul Weinberger,Assistant Zoning Administrator • DATE: April 13, 1999 SUBJECT: #2473 Matthew B. Herman 3825 Cherry Avenue Variance Zoning District: LR-1C One Family Lakeshore Residential District(1/2 Acre) Lot Area: 31,767 square feet(.73 acre) Application: The applicant has requested a variance to permit the construction of a 263'by 4'catwalk across an undeveloped City right-of-way (Cherry Avenue)and across a wetland to gain access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures to be placed within a wetland. • In 1990 the City Council granted a similar approval for a previous property owner,but the structure was never built. The applicant will be required to obtain necessary permits for the work proposed. The DNR has stated a new"work in bed of public water permit" is required as they do expire after five years. A variance from the Lake Minnetonka Conservation District may also be required. Pertinent Ordinances: Section 10.03,Subdivision 6 (3) (B) The 1990 approval granted a variance to permit a dock to be located on a lot without a principal structure. At that time lakeshore access lots had recently been purchased and not legally combined. Later all five lots were combined. A variance to this section of the code is not required for approval. Section 10.22,Subdivisions 1 and 2 The 263' length dock will encroach the wetlands area located above the 929.4' elevation and is located within 75'of the defined lakeshore at the 929.4' elevation.A The total dock consists of 1,052 s.f. of hardcover, much of which is located at or below the 929.4' elevation. The Lake Minnetonka Co servation District may require additional approvals and/or a variance to permit such a structure. The total hardcover in the 250-500' lakeshore setback would be 3,000 s.f. The property is allowed 6,954.9 s.f. or 30%of the total area. #2472 Sandra Larson n cj` -) l 1 540 Orono Orchard Road +� Variance 4/19/99 Page 1 • ANALYSIS The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry Avenue connecting to the applicant's lot. The dock will be 4'wide and 263'in length. Although the applicant has referred to the dock as a permanent dock, it will not be constructed with pilings. The plans reveal the posts placed every 8'. The plans do not indicate the clearance over the 929.4' waterline. The plan shows the location of the dock to be at least 10' from adjacent property lines, therefore,meeting required setbacks for accessory structures. The dock should be fully reviewed by the Lake Minnetonka Conservation District to ensure compliance with their standards for docks. A variance may be required for the amount of dock located beyond the 929.4' waterline. Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. Greg Gappa, • Director of Public Services,will review the application as approximately 65' of the dock will be located over an undeveloped street. The standard the Director will use will be if the proposed structure presents an "unreasonable hazard to the public". If a permit is granted the applicant will be required to file a Hold Harmless Agreement with the City holding the City not liable for any accidents that occur from the use or placement of the structure within the right-of-way. One of conditions that was required in 1990, and will be required again is that the property owner provide updated liability insurance. The property directly to the east has a similar structure that has been in place for many years. That individual structure may need repair or replacement sometime in the future. Variances may be required on these structures if they are repaired or altered. This application requires the following variances: 1. Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit hardcover and within 75' of the OHWL of Lake Minnetonka; and a variance is required to place structure in a wetland. Issues for Discussion 1. That portion of Cherry Avenue that the proposed catwalk would cross is entirely within the wetland area and lakeshore and is not used for roadway purposes. 2. The lot adjacent to the lakeshore has been legally combined. This was a requirement of the approvals in 1990. #2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page 2 3. The proposed dock would allow 1 slip per 50 feet of Lake frontage. 4. There is no adverse impact on adjoining property owners. The property to the east contains P a similar structure. 5. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate • documentation for a permit. The previous permit issued in 1990 has expired. 6. The proposed dock is longer(263' vs. 200')and wider(4' vs. 3')than approved in 1990. 7. Additional variances are required for this application than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. A) Structure in a wetland B) Section 10.56, Subdivision 2 --Hardcover STAFF RECOMMENDATION • Staff recommends approval of the variance to permit the construction of the catwalk subject to applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. • Attachments A Application B Description of Request C Site Plan/Survey D Plat Map E Location Map F Site Topography G DNR Letter H DNR Permit Extensions I Deck(catwalk) Plan J Municipal Code Section 6.04 K Resolution#2807 L Permit Record • #2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page 3 • i • Application# a U 7 Date Received 3 8 9 I Amount Paid Z So CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 1 ($50.00 per each additional variance) • Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 1 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address .. $ LS C-1 `/ 4JE, J E" 02 10 Wt t i C S 3 64 ' Property Identification Number (P.I.D.) Q $— 1 i-1-- 2 3 S 3 0 oVci Attach legal description to application if not included on required survey. Date Property Acquired S C? rr.,$Ell- 1 S. 1 i 1$ (month/year) I I (do) (do not) also own the adjacent parcels of land. ' Present use of property: X residential other (specify) Zoning District: G R '- /G Si#l-c d Aa'w«V AvR44 L 2(Tei)z-M't 41-i- APPLICANT Phone(home) (,1 2 -411 —22-4? Name j'M.-P 'F4•E�/ g. P�rn Pea Phone(work) GI 2. Z 12. — S-g3 3 Address: 3 a 2.5 C 4 al-R y A v Z City: pi2.4,INIp Zip: cc_x la ►.1- q1 I- t93 q OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ 3,()to . Describe request in detail: /0TM-c it-I) (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback: _ Front _ Side _ Rear _ Average Lakeshore Other (specify) 5-1 r uk cA, i ✓\ L ktka.vi 01 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 4 Tj'Acx/ 0 • (attach additional s e if �ss.4, .:, 9sary) ..., p,:(-,, If— ---;,1 CI) a 1f +As • City of Orono—Variance Application Prepared By: Matthew Herman 3825 Cherry Avenue, Orono,MN 55364 PH: 612-471-7248 Property ID: 08-117-23 33 0089 Attachment to Variance Application: Description of Request: I,Matthew Herman request that the City of Orono permit the construction of 263' long catwalk to connect my two property lots that are divided by an unimproved road, Cherry Avenue, which is contained in a wetland structure. This request and variance will allow for access to the lakeshore property from my interior lot. Catwalk dimensions 263'x 4' See attached proposed structure detailed on survey. Hardship/Description of Unusual Property Conditions: At present gaining access to the property lakefront is difficult and not possible due to the surrounding wetland. The request is unusual to the area and will not adversely affect the neighboring surroundings. Further,there is no record of adverse impact from construction of a similar dock by a neighboring owner directly to the east of the proposed catwalk(see survey). 4l I I` - I M - - -- -- ` . ca\ ra --- ----- - . �►� :� - — 73 -- _,_44\-< _ . ,4/110e,- , . __ _ _ __ i • ..._ __ .1 ‘ ___ i, 1 . 40‘fki . 1 ! 4 A • . " 4 7J-tPt�� ; ,i i C.k. lIgiS14 I! 1 x 41 w T1 Zvi I t p �.{. E 1 I 3 1 an+ a,so.totas\ - Win W '"" 1 A-%.a I Li:.70 0 ——\ 05 'f A —\ I ETLAN :. , i % K i 1 il E • --" IC����w�� 0. );-i 1 i 0 \ \ j a1 '--- _ -- . c„ ...-- r.3 f a !I 111!!! lil il Ili° iff 1 IP ;1 11 ill 11111/ 7 0 P1i p;E! 1? j! Ili 111111 & 11 ilul Ispi F -4 1.1% lg ,i Il ii, 1i #� igi ! ii 5 D 0 Y ; 5g tigll . 2. t 1 as I 11lia zi rt. s I i :jfl i L si 10ERTIFICATE OF SURVEY • il: 1E114 „g LOT 2, BLOCK 3 CRYSTAL BAY VIEW • fis S SATHRE-BERGQUIST, INC. `�{ ISO MOADYAY•UMTATA.wt SUM•(nI)an••$mo t� PREPARED FOR , 1 MATTHEW HERMAN a4, ,,,� • 41 [l:{%'_".Li r.y •j .t• . �• tit' ;{-`C,v, /Y •1:'/yst Y▪ ., ice.': ' 11 ^^ i;• tit ..r, N .1r •''tee `8)* 1 �;v is i \, A ‘‘, t4 .7 4) >�• t. I / • • . :r�,- O.g — t c 24/ -7- . any • • \ \Y. r 37 3` f" J is \ >, 1 ` jr\ ` r .I- VY1/1 --. . ,o. • . „ . • ,) to ►./ �V it• - -- _ ``�• •. 1: I is. 12. 55 T.yi %::.: ^ / 4..,. 1. .. ii:!:::. { d> 2Q QC SC 1 bU c 50 A * • . t ' 1 . ...*,, if r, (n) 5 ;, CHERRY, .53 53 ' x �'° J° �_so ) 1: , „ ; • j • • trt a „ SY.3 7a t n ., m 7 --_S �Cr Sp r' 35, r /• • i // j ::::' tw r r T .�.� .4%. �.3 )(;1 � �> lJ) :s g t? t7 It�(u: 4 r 7 S S t .I tat •,L i `•;� : t(37l t1I (45)(4a?7(4S) —( (40)^ (34)608)•, . •. _ .:R3: S t K :/« r_ ,' ;` 1% `4 �??t 4 J•1•;• .:O.: 1 3 • t %• f' 141 50 5J 50 .. t 5Q 5° h7: _SOD,: .St ..r. J• 5 ....... o Jy� b f,I N.. � 74 � SO 5)rA WU 1 .1•Y :: �; t1 .! `� I/' /, s' _Le ...... .- (94. . .'AY'` .1 0 4 w 7 `7 +s, •%� �5 1 i _ .. v 71 I ` • 1: 32 C,~ "It55) , `" f /Pi-Z 5• 3) ,de 1s Sk 11 te'� ti - . _- :e-• :l• ,. 2 - J t • > K t x �' ) ` .r} / 'St) Sfi)(� 9) G 0 m ; 4 j o`.�E;R t. w ,SP a)!!` (1a) t49 (mil (1ki { ( ( �. (•:, i .�-�1 .t:e •• r Q�/ •5)leo• $j 4`- 74 :11_3.) ... XL. .• A "3-91 5 '�— t.3. il�t i . / /� -_ f . .3 i g-' A) '.• 2.,:s.7 i sEs _ Ir _. ....._ • ts9.9• es s. -- ._1_ _ a," �i 1ESt // I • -_ II _ MS it- .-_--y r l / • • I :75:°4:1 ,. : ,1:. i 1(Q.) si I • 5, 57 • 7)S a1 �� :M.77 77 b _ :7S 7 1:4 4'; A. ;C5 as y r 9 ' �• ii5)Y IR 9 $ ( 6 _ (52) ' D..4APLE C • Tg. ,.,.,.,\...'4,„ .,,,„1 i -.02 cc) G��� T 1t i _ - r, {� C 4 et tee 7s ?. I '�. IS �. 07) h p 7 h (36) r (57 1 (1E)lc Z , g (33) › raya\---, -.3—., i, r>(19)U. I , 'Jr • ...• # ..•.. 44 . • 1^:li %:,�'iy/ ,.*,,•;,.t. f . M , .r•(,•.;k ' ;al:�:"1 !}}�". `,.:'d.,.el,tr,r'`•.'�.`,•'� on .\ ; c( ('f Z F r CVY1• J•►,�I'• I•'1:•• r �' 04?-�• �. .is••••:eve •/'1 1 y`,�'.. „ ..), t1 �� r •.,1• r�,y r ' '� • Z .•r ''� � : :�v� N • "I tir:''r�%•� • I'0t 4 . . *}yr) - •• •, � pLM1 2V • • •1 •.•Sjl. , I '};,..•t•;,• I .I, ' •f1•11.:1i•.��..V.•.i`I.. •�i,�'f..•' 4.ft,f:{• :4') tt(•;.. : i I •r. -11 <,yr•• Iti►k �,,! 't 41.'�I Pit.•,••t. 1 :„,1;: •Sf•II,' . ,• 1`,') ••' O • 1. , •S' q"; i •..) r `,•1•; •. /•7 � '�. '••� • 1•''•t• la ••• m •: /yIr„~it.; •1• `t 4, 1,. '.• i:At. • �. •�'.1e.$: �1'�''F.1 .(C {/firt; T• .• ar "a "r 13 • N `'V'C OWN ....1� �� ��' •�• pu. 'f.�l`t:1• } • If i 11 w • lCl! I vy x .if ';t'iv ? 1 •• ••1 .4.,,,t. . u , tr!•i •' 1 •��"r.'"i•/" �'t'i'`•:�;•t, ' + V. . t+ Y: • !f >1Y31 !i9( •t:L��.}:, 'p� .';� ,� r� h(Nitj�y tr av O YNHOt f!•�Y zit 2;''; !•''•` rr",�' .a� •t ," i I• r 1 ' •r • •�. `�j�t� •v..�'*x�.`l N l z Q 3 0 Oli 4 4�,1...�•6...,,rr•_t••'.�... 1.,.,...:�.;.�,� ` •.., tilt',. • ii (• . - 1-1' �rvV • I 1►. �t 1.. 1 •• -I �1 3AY r.I • It C rti^ �• � •. d (� �DY OY� S�. C1 b*01. F,Ir. ..� �� •� •�"'• : ;•„' • tl b �� _f;..� r 1 N a afs31ALS3Y,• g. • D"ro $ till:t,,r!;t•. ,. � i'...i 'r y.1%1, ` .: •.,...i•�.. . .�! ;. +',•,;••,;•�• eta3AY Y IN01 .;•• %•1 ;s t,r•;1 rfi A 141.� ty •at 4 •,r�,:,',; ••• •Pe.. .. •,•r•• t...�.N•..:. ,. !1 ))) f Sh • r. Q i �p rt.:, tl t.,,,,.•' t `' ,/ v( • '1�. �it r ,' :1.• t. �, a" • , , , �• �,... '• • < �L1rYf. • EC' O` •,•r, 't,b A i,.i.,�nl:••• • .!;:ft.:',11 ,•��ii�' •• 1..,/ti '• - •y•1.. •,,( •,'•• • ��.•1•..••• •' :� •�' ►, ♦ r •• • •�•' 1• I• •.,. `••1• •, t�• •, 1 ;a !: t : • ,,..„:..,,,....,,„:„.,;(,,..:,.....i..:.. :,!. liv g • • t • T .. I, I i It' et•t .•ri'�1'hi.JA•� + y�!'••.'C• .� O�47 •1 ,'V rlj..i i !3' �� ••, 1 J•'�•:•�•:^l�• 09E yyyx��. •ro Vic, ...r.,�•'ti 0;':� •• ":r•i`.�•,�* �. '14'44, �1� '1' r Y!4•• 4• � �'�..., ✓':▪ 4 :.•.•. :,..t�.:.itf ;„•;•,,'•: s 009E �, • • •�, d '/•.t' "Y��1 it: tt• +ty. • ,•• •l• •y trjr f ••r •h �'i, •` ' y�/ i ... , L �l' ' • 0 Y `' I • •jibe.. •,N`•!•�];/t•,: '•.; . , ,•••%t !,Vp..,'. .. 0 . s Ai'. MV v 10 • ''rr!�41...�r ►•• Y 1. ..:{•I{.",'r..,rl•S,Ir ,.•its •N ,•v.I,• ;•. n• : HAOrM 1 YO x8vivati 1 ..••,,��••.t;. �, 'r .1 i.;�1rI• d•,.:' .: r�'t •mirl:• i r • g ww x �• ,,,.,...,...••� J •...•• 1.7,•..'1•� ..,_..I.1•,t•���1H• •.r 1` :.� .� Ii �• t� M QQ 1 •I ••••.••••• 1'1i.•;.Iti4•" ,• f h, ''r • rims O f_ �q,•, �.i/ lik�Y• '..�11 1S 3XY11Y3M • ;•t,:• •1•.pO�:k•0•t1r• ;t.._ •AY ItNIM $ `�'••. :,, Q • (.4.... ri •I'..� , . •• ,.,, ,� •' °/'nttottt •\, . 1:1:• A /• M" DR 1i `, •-. .r • • "��;•� 3AV x 4 i. ►x 17Nsit !I.:. ,. !.„i•� ehll SPRUCE Att l40,7 .., • '(•. �`�i • n 1° I� r'( 'i'l ,, 4.4 pi. 4. 00 0Y . A•00 I :••_ ' • ,r • 'P bq 3AY N30N11 'Iv t•', , ....silks 1. , • �',; ' AriM 0� 0 " 4f...t.'▪ mew 1 : •.• ` ; � t a ® Y1xYYa 4„ p 1 p o* z �# 14::4 ••;,.,4. ,t •�! . . M 4• 444 .V.1�•1?•11,,• •••431,`t' •�V. '+ sit: ,�• 41: :a . • 't'j A• ►)(4•:1'• r•,• E. F ' O A. , •• �.`:'0?_ • jr r. y1 •t1h.y I. "`w •' . • O .: t t}1;.�;;�1„�;.. a rr gi +' ,r4'0 ^t •`• t1 •i1� gip ly'q'��(,.•/ a"� A V: h :.1 ♦ '•. •�:�1 i.• / ,:r, •�L.• pig a iiki i,r,�-•If!, TI •{u.ti. •• •O� O I . • ,0>�I1fN0110 / 1�•it1.1 'J• , �'�j• �' I, ••4{i •�y��r� • ;r� l� •ti ► • .r„• \✓ • . Q>r \ V t tr�i to• �A .t . 7 '1•.lIS.••▪ ,1,:�:. �• .�; V 'W ''• •• ••..r o ac O't ;, )''4 a1K lit 0.4 V` .tr,,?I. �,):Se',•t.�•y•t,�;•� i}�•Qr ti `�• 1.•f• �'•�rni �1O '� •j':. :S. .,. � ,. .0-.11C V ATOR• nt;ii ► •�•• :I•.r:j,• t-��(•J•:•;kt•• ••• ' Oli: , Q„ h 01 4� - Yl rfNY H1HON Sr'.k. 'r 1• 1•t1,1.�:,s,• w J,1•. O"414 ,, .;• ;T : rt i'S • ►.• '','' 1 •� .� 3• n .V At 0 `t••.,.��`•,,•ir}• `'t O ��/ !•,fit i� j,t •,�: , Nass p v 2 Q• .►•1�•1'1•.�ir1• ' •N a••►r�ls?t�I�d �T O s� IP •.••J!• 1y ••• t�i•••' • ;• r,•,• • V. J°• • , Z O 7 " t7r1 1`::/ w_`f • C'• 4J'r)1Kk:(.4, •-+t :+1 4.'' • .I: rr.Ir�:�4:y • A ;: �• It O 0R , Tv frerrilillir- IThil IIIII*IkwaaaaraVA 9J41141111to 1 I iiiiii", - 7/1. ,,,,,,_-----....------------- '• 1W 1141;441111i Ilik A -- - -- - :::) lii Agri V 0.1111.11i A /7/ X 933. 0 1 o( J1aI \ .3 1(1, / iti \ N ------- ... / ' - _____________ Ilk \ it/ 1 X ( \ \ 9 .2 \ \ a \ \ \\ • .940�' -- � - f\\\ 'jI \L • :\ ._ , ,_ . ---\ _ ° o X 939.2 I ' !' X 94S.9 'u x 942.2 1 r:rmqVirri".4..010.1./I wil ■ Mkg4josiliriegoorOaillorisiam or y�P40F NPNN O� �`9 Minnesota Department of Natural Resources m N DNR Waters-Metro Region, 1200 Warner Road, St.Paul,MN 55106-6793 y g Telephone: (651)772-7910 Fax: (651)772-7977 / 1 0 42.OFNATIJRP�Q April 12, 1999 - ;•T-,-. .,� Mr. Paul Weinberger APR 1 3 1999 City of Orono CA i Y yr�;, ;1\� P.O. Box 66 Crystal Bay,MN 55323-0066 Re: Zoning Application#2473 for Matthew B. Herman,Lake Minnetonka-North Arm(27- 133-22), City of Orono, Hennepin County Dear Mr.Weinberger: In a recent letter, you asked about the status of DNR Permit#90-6244, which was issued 6/29/90 for a 263'x 4'boardwalk at 3825 Cherry Avenue. Since state law only allows a DNR work in bed of public waters permit to be valid for five years, a new permit would be required. The applicable laws have not changed, so unless there is new information about the site or new local regulations that would preclude the issuance of a permit, I would not expect a problem with a new applicant receiving a DNR permit. However, they would have to go through the full application process, which typically takes 60 days. I can provide a copy of the original application materials for DNR Permit#90-6244 if Mr. Herman does not already have a copy. The Lake Minnetonka Conservation District should also be consulted, if they have not already, since a variance from the LMCD code may be required for such a boardwalk. If you have any further questions, please contact me at (651) 772-7914. Sincerely, Ceil Strauss Area Hydrologist c: Lake Minnetonka Conservation District, Greg Nybeck Minnehaha Creek Watershed District, Jim Hafner Lake Minnetonka-North Arm (27-133-22)File DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer ri Printed on Recycled Paper Containing a Who Values Diversity 410 Minimum of 10%Post-Consumer Waste STATE OF Immas©o L, - i ! - DEPARTMENT OF NATURAL RESOURCES PHONENO. Metro Waters,. 1200 Warner Rd. , St. Paul, MN 5510E NO 772-7910 . November 16, 1992 • • frey Johnson 3825 Cherry Avenue • . Orono, Minnesota 55364 • • RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Hennepin County Dear Mr. Johnson: As requested in your reply to our letter of October 16, 1992, the expiration date of Permit #90-6244 is hereby• extended to November 30, 1993. All other terms and conditions of the permit shall . remain in full force and .effect. Please notify us when the project is complete, and submit any as- • built survey (if applicable) or photos of the, project you may have available. . . . Every attempt should be made to complete this project within the timeframe authorized under this permit. . Sincerely, J kik, Lino Stine Regional Hydrologist cc: USCOE Hennepin..SWCD . Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife Conservation Officer Steve Walter Lake Minnetonka (27-133) file #22 crrYo. op,1..,-,--„0 .... ._ .Nov. 1 8 1992 AN EQUAL OPPORTUNITY EMPLOYER • - 37011r• �1.� • STATE OF 7 l DEPARTMENT OF NATURAL RESOURCES TMEN Metro Waters, 1200 Warner Rd. , St. Paul, MN 55106 PHONE NO. 772-7910 FILE NO. February. 27, 1992 • • • Mr. Jeffrey Johnson 3825 Cherry Avenue Orono, MN 55364 • • RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Boardwalk Across Wetland, Hennepin County Dear Mr. Johnson: • As requested 'in your reply to our letter of January 27, 1992, the expiration date of Permit #90-6244 is hereby extended to November 30, 1992. All other terms and conditions of the permit shall remain in full force and effect. Please notify us when the project is complete, and submit any as- built survey (if applicable) or photos of the project you may have available. • Every attempt should be made to complete this project within the timeframe authorized under this permit. . Sincerely, at,e,eAe.-sfytz. • hn Linc Stine Regional Hydrologist JLS/kka cc: USCOE • • Hennepin SWCD • Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife MAR 2 129a Conservation Officer J. Konrad Lake Minnetonka (27-133) file #22 • - ' • AN EQUAL OPPORTUNITY EMPLOYER - • \ . .."-11.-.4:•7-"•-i l',-• ',••,...c.;•••.' -,.. ,.....,. .. - .•- • t✓ ' lies -,, f• •}7 ',,,. �,3`4�•4,, .,1 �• �_ • -. • 0••4 • . %. . 5.‘.•..,...'::.•`,k:. dk\1 �., •: {. \ • !Atlt/Igii••470•1ih f+^..J .w3'2,iiN:?1 1• _ 1 t , .:. _____.. 1I1 7 f} t' r}L� r: r ! 4 • • .... }.f.f . . ,�'*: ';:' 1', I.. 1 ; • 4•• ,Ili..I •I .11,1 : • �►�%oj ili 1 h . .\\ r-').•)) .1 10 -,?- 41t:.'i?t . -1 i I i• l• • il • ,1;.i • . . v` 'J ^•'� 2. tip: I ' '' I ;I i;'i I . \� •s•;7a:__._.. •A v �� ,er• * • •1I ;bt i4 ;I.ei•i;\> i, i i, •• /%Wf\ J • •• \ 1 1 iii 1. •0 •t• r.'••�p;,::r'rrt'r`''�%R'Ntt 1;;�.':�•t �,'t1;i‘'\ ''• i� ;} . �ysryYh�!.IL^ 3' 'n '`i 1; t/.i� ..: ••7 t'i 1,•!' f`=��=1��•.,•r'i �T�'Sa••.•:•.t•-J• ;. 'r'ti.••yf,f(•• /,:.•• f• • .: ..?. �� • t. ,•{ ....4.••::J. :it • •,Vi ..••.• •... , . :•1,,.I.,•`-' '.r •, '� �•l •�a..i:�.' ';i��,a' ':?:hSR'�` vYa•:j .^.:» 1�'•, '�r .la,• ' ••( • s. \ l•l,t:li'i. lift tr..•'jt`�1it•. J,,•! HF .`l+r.! 4i . .. a.„ 1 CJ • W 5 • Cl § 6.04 SEC. 6.04. TRAFFIC AND PARKING CONTROL. Subd. 1. Traffic and Parking Signs and Signals. No device, sign or signal shall be erected or maintained for traffic or parking control unless it is authorized by the City. The Public Works Department and the Chief of Police are hereby authorized to erect such traffic or parking control devices as may be necessary or desirable; provided, that when traffic and parking control is marked or sign-posted, such marking or sign-posting shall attest to authorization. The City may require the erection or removal of signs on private roads at the expense of the private road owner. Provided, that except as otherwise required by the City, private road owners may erect, regulate and privately enforce other traffic and parking restrictions within the private road right-of-way. Subd. 2. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions. Subd. 3. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Damaging or Moving Markings. Except as otherwise provided, it is a misdemeanor for any person to deface, mar, damage, obscure, move, remove, or in any way tamper with any structure , work, material , equipment , tools , sign , signal , barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other authority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. SEC. 6.05. CONSTRUCTION AND RECONSTRUCTION OF PUBLIC ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners wishing to contract for, construct or reconstruct public roadway surfacing, sidewalk, curb and gutter, driveway, driveway approaches, driveway turnarounds, or curb cuts must first obtain a permit from the City in accordance with this Section. Also, with or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. ( 4-1-84) ORONO CC 140-2 (7-25-88) § 6.05 Subd. 2. Requirement and Application for Permit. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter,' driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or any other private improvement in any public road or other public property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements , the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be. required for any such improvement ordered installed by the Council. Such application shall also contain information showing the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any public road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this Chapter. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State and County Roads. Subd. 3. Issuance of Permit. Such permit shall be issued by the Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to refuse to issue a permit when, in the judgement of the Public Works Director, the requested construction would impose an unreasonable hazard to the public. Such decision may be appealed in writing by the applicant to the City Council. The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director. Subd. 4. Permit Fees. The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City's Fee Schedule which may be amended from time to time. ORONO CC 140-3 (7-25-88 ) • City y of ORONO . RESOLUTION OF THE CITY COUNCIL NO. 2807 � 40 =: .�RONO;' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (3) (B) , SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.22, SUBDIVISION 1 FILE #1515 WHEREAS, Jeffrey Johnson (hereinafter "the applicant") is the owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: The West half of Lot 2, all of Lot 3, and the North 45' of Lots 28 and 29, Block 7, Crystal Bay View, Lot 2, Block 3, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 6 (3) (B) and Section 10.03, Subdivision 9 (A) to permit the construction of a 200' long cat walk, an accessory structure, on a property consisting of multiple lots divided by an unimproved road, Cherry Avenue, that divides a lakeshore lot from the remaining interior lots requiring a variance that would seek credit for the principal residence on the interior lot for the accessory structure on the lakeshore lot, and hardcover and setback variances within the 0-75' setback area for the 200'x3' cat walk structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. ... This application was reviewed as Zoning File #1515. 2. The property is located in the LR-1C Single Family Rural Residential Zoning District requiring 1/2 acre in area. The interior lots within the jointly owned properties consist of 22,183 square feet. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 43. � F y City of ORONO r r•�� 'js �'{ T RESOLUTION OF THE CITY COUNCIL NO. 2807 4DN A) The portion of Cherry Avenue that the proposed cat walk structure would cross is totally within the wetland/lakeshore and is not used for roadway purposes and is currently unimproved. B) The legal combination of the substandard lot will now be tied to an adjacent homestead parcel and will never be the subject of a land use independent of any homestead. C) The proposed dock structure meets the LMCD criteria for authorized dock use area for a dock with• one slip (l slip per 50 lineal feet of shoreline) . D) The property consists of predominately wetlands and lakeshore. E) There is no adverse impact on adjoining property owners or the public generally as a similar dock and cat walk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances 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 variances 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 =s` City of ORONO Y,;r RESOLUTION OF THE CITY COUNCIL • • � '�y NO. 2807 z N' • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 200'x3' cat walk, portions of which are to be located within the unimproved right-of-way of Cherry Avenue and within riparian Lot 2, Block 3, Crystal Bay View, to serve the residence located at 3825 Cherry Avenue, subject to the following conditions: 1. Prior to filing the variance resolution by the City, applicant must apply for the legal combination of three parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037 , 08- 117-23 33 0058. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and unimproved Cherry Avenue , applicant must submit the following: A) Survey showing any encroachments of property and location of proposed structure within subject lot and right-of-way of Cherry Avenue. The accessory structure must meet the required 10' side setback from the west side lot line. B) Approval permits from Corp of Engineers, DNR and Orono Public Works Department. Applicant to provide fully executed Hold Harmless agreement with the building permit application. 3 . Posting of cat walk/dock structure with "No Trespassing/Private Property" signage. 4. Based on standards of LMCD and this variance approval, the dock shall be limited to 1 slip. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 29, 1991). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 17‘21;‘ City of ORONO }'"C■4TY;-f}` RESOLUTION OF THE CITY COUNCIL NO. 2807 ' KON,Q 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 1990. ATT S — y ttua LA7P))-A-A)L.'""---- � Do othy allin, City Cle - Jame . R. Grabe , or J � • a ' .CAtAnkheV) r e t (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public AfibTHERE8A L. t&B 9-8--9 NOTARY PUBLlC- MINNESOTA HENNEPIN COUNTY MY commission expires 9-8-92 My Commission Expires Page 4 of 5 City of OItONO w :CtTY_, RESOLUTION OF THE CITY COUNCIL . .• NO. 2807 'ORONO` STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this I k day of , 199 C before me a Notary Public within and or s' id county, personally appeared S42 r i COr\r15L'V-1 known to me to bherson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. T . THERElSA L. NAAB NOTARY PUBLIC A10TAAY PUBLIC . MINNESOTq HEiittfi COUNTY My commission expirts sr2g2 1-8 9 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) On this /S+' day of 199p, before me a Notary Public within and for said County, personally appeared • j.-i 5O� 7-60• 37.h :5 60' ,-e 0 known to me to be the person( s )fdesC±ibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC THERESA L. NAAB NOTAAY PUBLIC- MINNESOTA j 4- ,f'.-9 9 HENNEPIN COUNTY v / O, My Commission exptru 98-92 MY COMMISSION EXPIRES Page 5 of 5 /11,-& /1fcAr-co • PERMIT RECORD Permit No. Date Type of Permit 6664 93 -sue 4.5g 10 -18-‘ 7 45 3o • 8-a=r, w�ben 07 9ao 5di- 96 - 6,1-63 1 -a 13 Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts CITY OF ORONO 5.*2475 Ronald P.Zelinsky,Jr.,32o which are stated below: 2750 Kelley Parkway,P.O.Box 66 Turnham Road, requests a side yard Crystal Bay,MN 55323 adjacent to street setback variance to Phone(612)249-4600 constnuda swimming Pool and Poolhaas- A.) The newspaper has complied with all the FAX(612)249-4616 6.*2478 Gerald P.and Karla M.Ame, • 940 Dakota Avenue,requests a variance to requirements constituting qualifications as a NOTICE locate an accessory structure,a swimming The Planning Commission will hold a pool,ahead of the principal strux:ture. qualified newspaper, as provided by Minnesota 2780 Kelleyublic nParkway in the Council Chambers Apprrill 19, property24owr e,8Ken40OrOro Sandra O hard S.�Rw Statute 331A.02, 331A.07, and other applicable 1999,beginning at 6:30 p.m.on the following South,requests a rear yard setback variance laws, as amended. land use applications: to screen an existing deck. 1.82444 Brian and Susan Schebier, 8.s2469 Steven and Jo Webster,500 1354 Rest Point Circle,request after-the- Orono Orchard Road,request a rear yard Land Use A tact variances fora lakeside deck variance to construct a garage addition. B-) The printed p A l i c a t i o n s 2.*2464 James and Kristine Houtmmn, All persons wishing to be heard are 1340 Rest Point Lane,request a hardcover encouraged to attend this meeting.Written variance in the 0-75'setback and the 75- • convnents are solicited Plans are available in 250'setback,a lakeshore setback,a side the City offices. For an appointment,please yard adjacent to street setback and a height call249-4.600. which is attached was cut from the columns of said variance for new construction.A variance is also required to escavate within 75'of the C4yofOrono newspaper, and was printed and published once lakeshore. By:Planning Commission ' each week for 1 successive weeks: 3.#2468 Bruce Nusbaum,3480 North Efaabefh Van Zomeren Shore Drive,requests lot width,hardcover in, City Planner/Zoning Administrator the 75-250'setback and average lakeshore setback and lot area variances for new (Published in The Laker and Pioneer Apra It was first published Saturday construction. 3,1999) 4. *2473 Matthew B.Herman,'3828 Cherry Avenue, requests variances for the 3 day of April 194E hardcover and wetland setback to construct a dock through a wetland. • and was thereafter printed and published every Saturday,to and including Saturday, the day of 19 ; et>/t. A horized Agent Subscribed and sworn to me on this 3 day of April , 1999 . • By: RECEWED .tart' blic •• KRISTI HOLM APR0 5 1999 NOTARY PUBLIC-MINNESOTA ,r; MY COMMISSION EXPIRES 4;;,° . JANUARY 31,2000 LA i Y v� cjnQn'�lp : _tg1tlLRf�ta119D (1)Lowest classified rate paid by commercial users for comparable space:$12.90 per inch. (2)Maximum rate allowed by law for above matter:$12.90. (3) Rate actually charged for above matter:$7.19 per inch. Each additional successive week:$5.14. REVISIONS @y_ NORTH ARM LAKE MINNETONKA _.-9KNEUNE AS LOCATE 11-30-1998 I I I ,/r } —„s„ 4`E_ ;;i„ ;' PROPOSED: I '" , "'-�' I 246' x 4' Catwalk 1 1 / • N fy) 1 1 1 ., I 1 / s� 10621 S0.FT. II II ..J�� (� I (? 1 I 0''"14441. a Gh F A ; S\ 2 _? A 1111E OPNON WAS NOT FURMSNED TO THE pC, I 1 �, £ 1 SIMVETOR OR No 00511 C TALE SEARCH FOR .:.: ^- w h :.1 I r (CA O '' OR UN-RECORDED OR NON-E7041EIICE°F RECORDED ) 3� I ..A I I OR u1-RE'C01mE EASEYu11s HAS BEEN 1:.. 01 . / n SURVEY Br WE SURVEYOR As PARE OF THa I EDGE O<aETLAND • `1, \T �I'' I NOM TEE WETLAND AS A106W MS MESSED 1 I W Y EF A LOWS NO NOT A WETLAND B1°LOCIST 1 j I 1 OR F1MaNAE1/fK CONSULTANT. 0 -4 I 1 I 0 �/ �� TOTAL AFFA.717- SO.R. U3 x 1 TOfAL HARDCOVER.2932 43.FT. ' I u i� II,IOCWEIt_9.S 3�ctS tNli 12 PIPE CI1LVVfT--‘\ r Spsa4tl22,1 i; 'T /Ac� ': FOP T 111:k j —� — - ii '�j N�.� /--- " TawER DOOR LEGEND . "co9IIlA S CHERRY AVE. `\- - -_-- II Li 110196 M6I:ELEVATION OF LAKE I PP EI@RA - WV.7a'vie_9:6.7e SEya4W22'W '' I FOR T• O DETND1Es 1/2 INCH!n 14 r+a+ROFN PIPE S ' ' I " 1 o�THE No.2oROLrND AND,NARKS VT ).. W 1 W ii c m �l p,9 ATG_1NM>Q FL 7 I ,I. • DDg1ES FOUND wON MONUMENT J '°+ NARDOOYEW AREA.2794!a4 ft. M ^ 1 14 % 1 11 ' Proposed'mop. E,.w9onOoo-0O°°.° O cc a Q M a W Ip 7.S'see ' ' - PYaPassd laaat Floor Oasslbn_000.0 1 Ii J `,°,$ �� 1 ' ' o o.el.a tan 1Eo,..n«d U_ W Z n '� /� FOP ' ....-...'......\ 401�' Donets es Ecleting Pr osed ElElevati Cl" s�7ya1S �� -_ ' Denote* of Surface Drainage rX m Q Q L� Fv 1. W M .cos Ws. a 1 446 VI 2416� � 1 1 I IMTeby artily that Wa le a taa and cowed FawaaarAa8en Ir �7°2 577° 1 .1 1 .I a..my ai B.bondoriw of: 0 - - PR(WED) / FaP /2' It PARCEL 1 , J EY ��0� D 1 1 B�.7 .County, CRYSTAL MY VIEW,according to the recoiled plat ' TOP 1• �+ AREA.4600 S0.FL I{1 1 1 4 0 w.aar.Hwwln°anb.19m..oLa. DRAWN w2 NAWDOOrEII AEA_1 ELL FL FOP 1' v PAi1L71 1Y10: t% L aS'- 1 \ TYot an 6 Id t d W set al a Ins drawn across R Rddary SNN IL 6 fW�D°L114 ��ae 2‘'b� 1 .i I bataa.r,Iee Eat Watt Ins Bras.LS 3 and the Nest 48 CFEp�D PA>� Sr' feet of lab 26 and 20,Seek 7,CRYSTAL RAY MEW,F1ww CRNr 7 �' 100m i V 1 Candy Wa, according b tin recorded Plat llrad.Ilw,.pkr DATE FOP 1. 12-17-98 29 1 MA Ma Salim d d bddnip,r aayy,Semen,wd d vbeb \ �arrb� from«of made Nnd h unwed tp SCALE 1 \ T \ /�'/✓ih.�C7�,U,r� JOB NO. 1 t•.•1 \ 26 1 `/ \ `� I \ Owy R Wrmisf - BOOK 3540-0 PACE lkw.ad land Surveyor.IAw.Lk.Na.24764 City of Orono—Variance Application Prepared By: Matthew Herman 3825 Cherry Avenue, Orono, MN 55364 PH: 612-471-7248 Property ID: 08-117-23 33 0089 Attachment to Variance Application: Description of Request: I, Matthew Herman request that the City of Orono permit the construction of 246' long catwalk to connect my two property lots that are divided by an unimproved road, Cherry Avenue,which is contained in a wetland structure. This request and variance will allow for access to the lakeshore property from my interior lot. Catwalk dimensions 246'x 4' See attached proposed structure detailed on survey. Hardship/Description of Unususal Property Conditions: At present gaining access to the property lakefront is difficult and not possible due to the surrounding wetland. The request is unusual to the area and will not adversely affect the neighboring surroundings. Further, there is no record of adverse impact from construction of a similar dock by a neighboring owner directly to the east of the proposed catwalk(see survey). CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss. CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#2473 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of April, 1999. /PC1/2,e7, d-ri • 1,-- Maryohnson • 0 �� Ay) CITY of ORONO 1$1, �` l Municipal Offices , 1/24 Street Address: Mailing Address: H04� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 VARIANCE Notice of Public Hearing File # 2473 Date: March 31, 1999 The City of Orono is required to send mailed notice to all property owners within 150' of the property located at 3825 Cherry Avenue. The property owner has applied for variances from the Zoning Code to permit the construction of a 363' x 4' walk across a designated wetland for the purposes of access to Lake Minnetonka. The Planning Commission will hold a pubic hearing on: April 19, 1999 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 249-4624. The proposed plans are available for review by appointment. Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 1 • I Iq — _ — ��1 M N is.) II cn 1�1 ��WO �j•gca� 6 N 1 O of*,was 33 I , CT) v X CSC \J.I o A s AIL ,..0. ice' < 1 i S. - �a� S `® (A p a f)1 y�1 ______ r �p �! w '4. � A Y- ,\ 1 — v0 r J �2a+' � .1,a T x- - a _ _ z— a , I0. az) D _ � .i D 1 —IE �__ tr. r i S,8 EkA ' I <- oo-toa f =,•F Z 1 4 - y._ I.---� =8� (iru)'AZ " o i rJ - - • o n, I 00 i3 iiiiii g %k :I: MO Ip 1 Ili. iii 1 VI ;! . 1! 4 R ssi I .;: 4p. il 1 MI 111;., I r'l il c-) ; .1 11 x Ps 1 7:4 g 2 10 1!; /111A ' ,1u 107 1 i Fill iii 6 C) li 1 e ql Al �� § i X 4 �u g i CERTIFICATE OF SURVEY 11 "j ,Q3 LOT 2, BLOCK 3 CRYSTAL BAY VIEW / y, `% SATHRE—BERGQUIST, INC. ° Dk }malt PREPARED FOR t. vlf►' - 150 SWIN.ROADWAY•WAYZATA,MN.553111•(512)Nheoao I m MATTHEW HERMAN fts ,J"4' N �04 / O 7 CITY of ORONO \ �);''`t,►t ,!► Municipal Offices \44 ,4*N.:,' 17 t '•�. �v; ',�, Street Address: Mailing Address: r �e'' II '�kEgH04' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 Ceil Strauss Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 March 29, 1999 RE: ZONING APPLICATION#2473 FOR MATTHEW B.HERMAN Dear Ms. Strauss: The City of Orono has received a request from the property owner of 3825 Cherry Avenue to construct a 263'x 4'walk across a protected wetland to gain access to Lake Minnetonka. A previous property owner was approved in 1990 for a similar project. Several extensions were also granted, but the walk was not built. DNR Permit #90-6244 was required and issued in 1990 and extended several times. Our latest records show the permit extended to November 30, 1993. Please notify me if a new DNR permit is required or if you will need additional information. This application will be reviewed by the Orono Planning Commission on Monday, April 19, 1999. Do not hesitate to call me at(612) 249-4624 should you have any questions. Sinerely, /, l ,-ra,r,J .g,L t le z r—4—-) Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 • ... 1 a ' 'per Lit �� • N ..•. �,' • • . Y� T`• •` • 4. ..... . a t. • • a • • • • u 11 .1 lV r�\ • •�J •/1 CS N7�D co s 1�:? ;• NORTH ARM LA • �' IONi •110... • 1. rl•.!' 1 6131kt�.x.<'1`,.••w�•4•4i, .:i • 4 ►1�•.:;s• • ° t� a!�'Q', ; ,t � ��� p • ti[ Iy T R , A tore .firi .,,, ...1,..,,„ 0 1. ...0 1!,•-:t! o • '` .;\ ` • - r r• : +; ▪;'•:�)' �•'''� �► O••,, aEAcw/ rt. c .....:' I.E,.•, r.,•., 4, ..14'4.46• `G �`� •� 4 !;•;;1�'�j f{' ~ 'J'.. f O A I:+'�f•a'al.;y;,r..7.•• :+� totE ••jr �,L �;^it CA/J • • .• Ir O ► , O '1�� (�'�•!:f(`t��ft• ' ` • 'yjL� t!y '1/' f�' ir'.�•i. L L((�r��••,�' Vj �+� •. ' s l . .,r,�hi �: .1...A �i � " rile, �,�y�13 Hwl'1 �, • tia FMK LA ' �. g... . Q • ri•� ,. • •I+.i'' %`'`,� y' `�- MYv o M .,r� 9 ;c L '..lr:''�LA Q� / I9Y . % iNAVE 0'0 1 At •• 4 00 s '' i.. .,,.:„.v...,, ' r 'r' 1 ge � '� / ' - J�;' c0• �oIli: !T ,NO 01IV ion st LINO� o): r ` 1 Nub I t K AVE 49.113111111`� �+ ,# �' AY r,+ 1!•` p‘d h.l O•1 .: LA • WEST LAKE ST . v,to ilia%10111:; g IT • ,iv • 1 • ��* o a S. ! • • : • v f�?, :!i••.. ,i.:i•:��:' •••• +.I. ..•..,...•: LANDMARK DR ' O y oOp ovHs • i.; •*,A' i. ! t,'�' f;;'r1'.c ii t��� `, �;y;,.1l• '''.110?/01. ;.. MI 3800 ':' "eV!: ::.c; wr. .•; .r:..r• • �t�.,. , Tf .� , t. +�1•.•..• .,+ 436 0 .•'. " . 1.r ••::• • T 4� f 't+ l y r •,10'•- ►•., a •'�.�Q'N .rah• 1 „1 , , 1/1� �` ,:,:� .t� { tt:1', •:f +' r.ft• +1h.`Q• +0 • .r*'''1 ,,t. •:!�,tto;.?nJti16 •' i 1 Aw t,: t•./+.)•.��,., 1. ::•l..iL•' { :% 4:4/ �M•y o* Op O tt•4� (?\;�r'� .1 y•, •14. .•..134.. •••I • .t 1 , iT ,+' ..rt•.. +.•: 'r) .'•r'f • • •• .••••; ; 'e . ..•. ;.•+ _�, ' c , , . �'t•./� .▪ Y�'�:..MM�c1��[�,.s';i,+. •/ ' r I• i O_ .1,• .y• •1. ,.�• )••�•. •i�'- , • . . .'•'.,'••'�. ••.• • aAIN e. , ( ij�(;•• lJ' :.tii]•••"t7,1� •;•' ':. ;•` TONNA AVE I. .� N ` .�;•, �� •• :.•• .•• . t.; .! • Z. 4:,?...:.t.15.1c1: a �'c i�t..: 1w+"'y:4 �%�i0.0. CRESTVIEM(' " �'•'y4 �` •• • )ry .� is i.'y.+-�...✓ `go- lvy p -"y,��h1't�.'1 Q't.�•iy:'''.hi• y I .. RD RO4 AVE i!� r j ��: .:..: .. 'I. ..1.....,„.' --7--• 11 •. 3200 fig= M --..`-..!.••r- ., a.. ..,.,�' ',:,fit _ / in • •e 4, �.. 1:,• 04•:.:.: ► 1'';: r •.; :.....)1-,. !s 0000• POINT .. 0 \\*;..1.4.11141,•‘??..E to . ▪ .71? IJ :"��'F1• 6M t' �4 t � •i'•/ ,• '.t • r•:�,. ••f 4. Q ,•'.'. �` .•. �\ ' e LEAFt'.�' ,rF!-i ' t• ' S SEX ." : !Th O 1 < 1L01aW► f :.ti i.a.11�,r .t• ?,s` 1�y' r .� t!� i �. ~••• � f M , `7Z•N • • • • '4, Tr., 1..,..4-- '4 ,,.li ; n t • • ,;...Y ....•... • ..... >,.,.t., c►. . .. c• ;' f ' J! ft pi. WEAR LA V ,' ,.•. •'`'A.•1ii-'! }b���. I l•}I +.1•yip,r I. 1. , \ .• ' . �{1. 1,•i,If; % t I. 1Do .1%, P.e .I °M. �''1 Tt'l••;r4. =, ...: ;1`,rt.i�i';;l';r3-;tit441• . c i. : 1%.1AA :1:'� r'1•)'M ' • M • 7� ���ggqrrr ,•' , :'. �' _ 4 • 'J+ j0:oC'1; .?�n:!4A t'.a=.t`:•t�,;'t?j':)u R ►`� :,:t:.. 'h •.. �1eJL�L.�w~..l (w11 minimal. NAV G O. R n ad . .. .... •r_b tn I NI 1 (5 i)1,i, ,1 N 1,. ... v 96 Iv (S) 1_ u'661 ..„,.1..... s- ,1 :2 -i-- (9 ) 74 O S:-.4 (5.) ''' .-• ; (Or) 1,7 -- II •••, I 1 ..-..-..(7..77r4Tr .- .1r • ...... 1 ...l ........—.1 — I a 715,1 X , z , -- - -- __;... ..., . , L.) • ... .. ____,,-00, _ . . 61 , ,Il ,c.. • '..„ • -ie .,7qii • 9 II@IYM 9S Viit —''' - (to 1 1;C) (pC) 7 -- s ... :_-. ..,) 2 7 t i ca. - 'f.'ib L2.0::: •CiS P" sor t ..*.•._,•-_--.---„..... • _....:. .:1:. 1,.,,,, lezz 1.6116 Fg Q0£ ! \'7. . .• I,... I .;, - ,%Z:7Lsli I : ical /-- -- 777:,•: t LI , -- 4: — - ..n , . (Cit-: r....rt r•—-$ST7----- ,?) /... , b 99•S/Z 6 6 1 Cc.) (BC.) 0) CI.) / N Z (I) i.: IN (I) T ,?.) , z ,., ,.... s c,,4--. '' w• es2 _1_, .., t.n_If_ --'. .. 3.3214 1-6-'52,.. ,--'.2r• 1-4— --"--!-- - ,.vr• -. S.36 4.'5';! 'i N' ._... e so . I ___. f--.— 77,75. as. S ...-..?a•-•.f.t _rtn- --- 04. -1-, , .—Nri • -- --= ,_ ,PSI,JP-7.---- /-• ,.- .,:1;;.....•;-174--IG 0, C—es , „.... ',F.-yr, cc 0*- r- EG CG CG. OS F .itt d /'..9-' - " ' ...1. ..------ -,,..• ,,:::, --AT(re 8 i. ,,(FS fArt.t...4/ •• --'---e.` srej .3,' r,t• E;r: -71 •••• (95)e., ''''• , 4 4.,,,g,,,, gi,z„ g.„ S AA(ZS..N,„ ,• •F,r '- - -, • t t• ••')Nr 4.707..,.. .i.• •,si • z k t * P ...,409).; 7!,SyNt'c,/ ' •., , ., 1... ....3 t, -"'-....'..-- 6-r I Oil 1,6) `.- •-• — 8 c Os .s5.-./. tg 4,...V.r.:.4er.:'P':•Vas-1 as ccoc : ,_:: ,,,,,, 1 :T75_,,,, pc. 4, ,, .. ,-.*•--.7--- -; ---,4. sv. -..... 00, . ... i-Dr_ ,.-......\.______ ,,,,.t.:2::........... ...i / -. I.,•,. ; -- cm , --rs CC PL 8 '31 --iii .../, • ! ,' --;-..... 2/4. S :,1 i ; 'ia:••:. ..cW4',..y((CV. ;...,(010106) ? ,A•• , -. ,.. .--. •••••.K••••••• '.••.: :. s `'s ern 4- . .••.•,•. • • . - - i a,,,,t, ,,,,..,-, 0.,_„, ,,, „ ,., ,„., 4.,•,.t: ,,,.... 8 L61 (f ct -."`:4"';:--1.2L.. C6 G•D; c-)..cs...4....IC.; .: li a 7.'''' - • 1-n . • V -,... .. "•.-,.', :........ ,,83 ----- s•,. • -•‘ /, / ; ; < ,', 4_,_ ...-.. i.,z), ,„ , n'T :,:•:. ' \ •.. .- - -.,' , "' - ' ' /e. A (or) ,-...- , ------,. ! •• ! °-/-r 61:x "g) ) .\ •..''''.. ' , / ''.. ii , :.:•.t..- e i) ) " /,.., i4 A.,, / ,;:y 49 •.. I./'1; g :7:;::: /7......77 ." L 6 6 :,,, el, '..-'9) ( 1.1.Z. : ; :: ...tt, i.1 *;. ,g) .., /_...."._,;ig C.? .cs •:.:'• 4 , - -..- ..1,;. Is .e.- -r '`..- "'" ... '‘.. -- _ - ;-• A se:1 m . /,' P : • P5•-G 5_ oc-' - ' --- .. : 1,, ,--..0. , , , . \ •. ------ --- . .cs 0, , oc - .,s,,,, 1 - . s, (07 , .., -••- -/0.? \ . 0, -.. 4/ A • •. •4, 'fil"1/4,_ ‘ • '• : -,, • •••<,.... \ '• , "7. - 1.) \ „ \-74-* .,,.„....---•c' • • e \ \ \ •\. .... .\ . \ ( 4ji\ , , •.,.., ,. \ - \ \ 1 \ \ , \ i '\ \ ;.r•cfe —L11 — SO •P`istsr.,.` \ ', \ , \ \ c.• 4.z1 •• •,. — •t<-"4s'• ti, •...6,;•• •/ / •••,„!(£) / / \ \ • \ • • / e4 q•ctv \ \ 4-. •/ /4 ,;:, i',..,• /\. \ 52.• 41 \ " ''. ••-:' r.:t:;:- qs• , / (9)/ ,, •- 1., ...'t r•;.' :..) 11 # - .N.i 1 : :: I, I'1.. ..,,,..fk• ;X.,\I:. /..c "\.›.... 1 •y-F-1 . *I.,' 1 './.• .-..••• ..*.e ....z.z.z....:- I +-:•.(/),-. '• • t.'!: i...--.., ,-:.:•‘,— .-.. ',.......,. I••,, ,„:,. :...• ,,,:s f-A , • .,_ %,••• :, I.; ‘..., . . • . • 1 1 1 1/ 11 od��� rJ - I oi G K — — � � �` 1 C") ice _ - - ...al y. rJ 1 3 al°%coat ` � m 1 ' �, I .� ��, — .-- -. . . \i " -- — — I`J /kit. ' .4101 " 1 . -, , -z i 34es a 1 V 4,, („4 1 I4 1 (11 ,.361,4'' -. I:i 11 1 A it C$0.7e00° i i _-- — _-- — si u. . z co 1A 4S-110 � �N I �) ,os I y_ > �L '_ M I i Is —1 I Ai E oozoz - : z 1 .t A rt p z .� —_ �u:�o�— �e� ew . U )9{Z T^ 0 CA / _ A1 I I 11 > 11 1 j 1 L. — — — . rJ '-"`'d II T 11;40 ri il Ili° fli q i 1 I viE li 4 MI lit x- 1 YT il § i t Is 1 Iss P.....--- i la 141 IF 4 ill pa II 11 1 ' fli! i ' a a M R 'a. fir. . a; a 111!; F. R li 5 !1 f a 1 i f fljj1 Y 1 f CERTIFICATE OF SURVEY II s.tiS a "7I °R 3 LOT 2. BLOCK 3 CRYSTAL BAY VIEW '% SATHRE-BERGQUIST INC. °f IIA im.1 zi PREPARED FOR % . '�. 1 O SaftHh MOADWAY•rurura I L URI•(pi23 a$-4000 1 MATTHEW HERMAN `4_ . ^^f�77 STATE OF I NI M S S© Yz ..M. DEPARTMENT OF NATURAL RESOURCES PHONE NO. Metro Waters, 1200 Warner Rd. , St. Paul, MN 5510F No• 772-7910 November 16, 1992 . frey Johnson 3825 Cherry Avenue Orono, Minnesota 55364 RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Hennepin County Dear Mr. Johnson: As requested in your reply to our letter of October 16, 1992, the • expiration date of Permit #90-6244 is hereby extended to November 30, 1993 . All other terms and conditions of the permit shall remain in full force and effect. Please notify us when the project is complete, and submit any as- built survey (if applicable) or photos of the project you may have available. Every attempt should be made to complete this project within the timeframe authorized under this permit. Sincerely, ram. 4,4,0 �` -- J n Linc Stine Regional Hydrologist cc: USCOE Hennepin SWCD Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife Conservation Officer Steve Walter Lake Minnetonka (27-133) file #22 crryoc g, °Row0 .NOV 1 8 1992 AN EQUAL OPPORTUNITY EMPLOYER • • . . • STATE OF ► ► DEPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Rd. , St. Paul, MN 55106 PHONE NO. 772-7910 FILE NO. February 27, 1992 Mr. Jeffrey Johnson 3825 Cherry Avenue Orono, MN 55364 RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Boardwalk Across Wetland, Hennepin County Dear Mr. Johnson: As requested in your reply to our letter of January 27, 1992, the expiration date of Permit #90-6244 is hereby extended to November 30, 1992. All other terms and conditions of the permit shall remain in full force and effect. Please notify us when the project is complete, and submit any as- built survey (if applicable) or photos of the project you may have available. Every attempt should be made to complete this project within the timeframe authorized under this permit. Sincerely, . 0k4A‘.:Sh/jt.- hn Linc Stine Regional Hydrologist JLS/kka cc: USCOE • Hennepin SWCD !; - Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife MAR 2 1992. Conservation Officer J. Konrad Lake Minnetonka (27-133) file #22 AN EQUAL OPPORTUNITY EMPLOYER ` 7 \tr7 . -- . . ��� •G r A d to l'"'r J / r ••'• • V t 44,4 4(!Z LA i NYS ' � •• • • L ' Cr0IU' rosrs, r '. �.� 2 -2x4- CPc4.S - . • 1,/fEtM AEL E c.y ft1GE L✓4f Lt0E ✓ • ,r ram-`.!�� L--•i �C/'/LyV ,L - �/& r�ia. i'-- ....p1 pt. Ir a rt ;• ' r r f.1/. r• •` ,. fi l i k i .N' �L', 'W .r Y t `v r-;'. : +y.. ..s / ti.-';.a r1•. r.V,7+.t'_•:Nt`d4, S�1»R� N ^�'ly4ti..ers,�'.• +�mW".. 5� 1151 t ;ci .Y. C�.' ��l`7 Yr. 'rt ? sxy y. 7.. s3T^'+/"�G rIt r4 �)T�r�l.'p',j �,r .,'.l a% ✓, .•cf �i.'tk' '-a V j •.-e••(may•. 444 • /a. T ir'vC •\ ♦ .7,::".0 •-•,1•••• 5 .►.r j!4., 7.)•%i tti,....c+ \ ,F ;,1..'1 ♦e;f �.f.- q �..f�'�, t�'-i'��. F'.,f��'i'°5r .,�1�.�' rC`der ` ��•1- fry C•i c ..,- -I., ►.c .;,h :�,,; t •1 40 r,� J ' Z•'.._fit_•., .` 1 11 a r+y:�!..T!:.4p�7 -- - 1-� , t,-I, i4.jr.. •'_ i J .1 y 1, ' �� I ;t'%ii,,{1,41Y • t" - — .- ~ 4+ '',` ,- I t l-I s '^,l i J _ . _.. ____-- — — - - - ---- ✓ �l •r �' :'� Fes'• ' - _. __. - _ .. _ .. —_ - _ --- 1 1 (ol .• • 1 vtoa�r 'fi al( ,1'3� 2; ) d } yl C. t • __.1 (,3: /-ar / n j .4';r ro a ,,.t r Jv) 1 a ' _ __. ._, , . i1� t r1 1 r,1 ,a:, I / sc ro t - ,...,,.,/ , 811I (vl !fj y q2; �� 1 c �. yi:6 f' 1 s_o • 50)pI t yp I're Lx s + � _- -,-_ 50 � YJ nr � -' W �513 ~ f -t::i 150 C SS- - -rl �� t �iyl r6' 5ri.S 5r -U1 F 1-50r5�0 ) j - •U am rk 5 50 6 �_ - _ _0� / (3, i � . a) ,sn � � ;r 1' 1' II i,,' it A r v i' .�io1'� 2 ,� (37) (4.)144.1�' i _ 5 q �'- �l�S 5 4)) 180 ''A 4 1 1(70)(an);•,,(39).(38) •.,;?*t '� : �: g 'i y: e A;; 't Si 74 3) 5) w t S) .A I, 50 DO �?J _loD�•..i(4\..;: !Wr.' SSA _ , \,, � r•• 150 --14 SD 50 5) Y� i0 50 5) 0—'5["T50 S0 -5C �:.,,, f `50•�•S0 5(1 , - � �'� /�Y��6 .UD it a-91 ) �4. I •. � :; a'• (6�1r',` w ,,i eY i 1 b r � ®'' 2c: 3) ,_/4' , I6o1'- lb ; r:',c-3 . 8- 6 :a.., 5ar5 '7or,RY3� ,,3:.-32 �' o'(58) _ ' n � j!� ;}9,� ,y . ai �(a8� )49) (sui {nn) (SW (56)( 7) (59) r ti 4' aK �s y i s p, o A�4wO3) r 4) ,6n s —r •5' 19C ' aC i 7a 50 _i_:.i, 1 50.I `!'-_. 50 Y) _50 '�J). 1 w_ x' _ -.i .-'�50 50 D `i0 51.E {� -/ )� _- - -- .fir _ E 7 ` r ) t.� T Tom_ 03_] `S;--- f+ -, ie-4C..) '0 ''' �tl.o< - —I— r— — } S — T 1 1" ;> s 1111 (it LH (3 ) C3) (- ai .43 hS999 A 52 --- .----1) --. .. '4EST 7.;65 ,- I )55Y ,c. r .r ' I?i a( I' —� 40) ---- -- -- _ s PP/ Il �JC • 0 24G.44 ,-' - - _ - 1097.65- - - - - - 235 4 i T't • 7 7r 65 ( ( 14, �) �', .'� 11E 405 — 00 do, 7 0.77 224 jf A ? - 275 3 l �� , 0a ( 15) g (37) iv.73 215 . `s, -- - (i4) I,35) a (.4) = .j S'_ _ ,. - 1 �fC(�J` 31 S --- u Ui�llnl�L S�( 'Flit' rq f�.Ic �j 70 — rn . ) - )95.56 e —.199.06 .1 -_l (1-) ;o 200-17 ,, 195.1 .,..4..,...__. 405 _ _ 7 '7-1-- -- t5 i37) '- -0 (36) t 5) 1 tt 6- ( 181 61 N (G , �`� Jfl tiy.Z2 i39.% �'•tl ,� .`fir 75.a `fir w )9, f`i-- 273 1- :LL 1 . d 0. L ol To: Mayor Grabek & Orono Council Mem1"rs City Administrator Bernhardson '' ? From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 25, 1990 • `� , ,f Subject: 41515 Jeffrey Johnson, 3825 Cherry Avenue - ;_,A) • Variances - Resolution , ; 4 List of Exhibits i. . Exhibit F - Enlarged Plat Map Designating Applicant's 1 Multiple Lot Ownership & Adjacent Neighbor's .'$ • Exhibit I - Site Plan Locating Existing Cat Walk & Proposed ; . Cat Walk on Applicant's Property Exhibit I. - Original Approval Resolution Proposed at 5/14/90 Meeting of the Council .? At the May 14th meeting of the Council, staff was directed '`.3 to contact the adjacent neighbor to determine if there was any ,'; • willingness on the part of the neighbor to consider a shared use ' of the catwalk. It was clear from the very beginning in :•`•+ discussing the City's concerns with Paula Johnson that she and :,. • her husband are more concerned with protecting their existing ,.i riparian rights. In further discussions with Mrs. P. Johnson staff advised that her current dock was a non-conforming t� • structure as the properties were not legally combined and if the tir•' dock sections were to be structurally repaired, the City would _ • require not only the legal combination of the multiple lots but • variance approval. In addition, staff called attention to the • fact that portions of the dock were located within the unimproved •• '.i . public right-of-way. Mrs. P. Johnson was completely on the ' defensive at that point. Staff should add that original contact was not initiated by staff, but rather by Mrs. P. Johnson, '•.' obviously as fo] low up to earlier exchanges with Jeff Johnson, "`,, the applicant. Mrs. P. Johnson then alluded to the vacation of 4 Cherry Avenue and that she would no longer need the approval of ..1 • the Public works Department. Staff then advised her that this was one of the issues raised with Jeff Johnson's application, and there was a definite need to use the unimproved right-of-way of • • Cherry Avenue to provide access to dock on lakeshore lot, and ;P + that an application to vacate Cherry Avenue would be opposed by ; the applicant or a future owner of applicant's property. The . • "t • public right-of-way defined within Cherry Avenue provides the "'; only legal accoss to the lakeshore portion of Johnson's property. Staff has discussed the potential vacation of Cherry Avenue •y;' with a representative of the DNR, Cell Strauss, and she also confirmed that it would he most appropriate to vacate the right- of-way of a roadbed that was apparently located within the lake- hed of Lake Minnetonka. please remember, the majority of the wet land area to the east of applicant's property is below the - . ' Q2Q,4' o levat ion. b�.s i f ' 4 tq*v .,;, !, :'I. ♦ / _ i 4 4.1. * �4,1" Ta:. •♦ qbf# i. .• . f f:. '. 1 Zoning File .15I5 *.`' May 25, 1990 Page 2 of 3 The issue for the City is that although we agree that the ' liabilities of the City are released with a vacation, the • applicant's only legal access to his property is through an .4,. existing dedicated right-of-way. The neighbor with the existing dock has refused to share the catwalk structure providing access ' ry • to the main lake because of the increased liabilities on their rH part. As to Mrs. Johnson's willingness to either sell portions of -t a vacated right-of-way to the applicant or to grant an easement • for access over the vacated right-of-way was not at all •:,i expressed. f •L You should also be aware that the neighbor's dock is in a ?., deteriorated condition and will require structural repair. Such repair will require variance approvals by the City similar to • this current application. The City will confirm this writing so that the P. Johnsons are fully aware of their rights in this -,; • • matter. i It may be appropriate to review exactly what the current A ' variance application involves: 1. Although legally combined, the division of the lakeshore 0. portion of the property by the platted right-of-way from the interior land portion requires approval per Section 10.03, f Subdivision 9 and Section 10.03, Subdivision 6 (B) (3). .•., 2. As already confirmed, the catwalk structure is ' predominately located below the 929.4' elevation. It functions as a dock at that point. The City's jurisdiction •r• involves the portions of the catwalk that are located above •,,, I the 929.4' elevation within the 0-75' lakeshore protected • area and requires approval per :action 10.22, Subdivision 1. The City's review does not cover questions raised by the _ ` • catwalk's encroachment of the dedicated right-of-way which would ;a•` be covered under the issuance of a permit by the Public Works Department. i Options of Action - A) Denial finding the proposal in complete conflict with the intent of the lakeshore residential district and the Comprehensive Plan of the City. }.;; P) Approval based on the findings set forth in the approval 'i:;'. resolution, enclosed in your packets (Exhibit I.), and to recommend to applicant that he continue to work ' ith adjacent land owner to east in order to effect the vacation ,`' of the unimproved portions of Chn: ry Avenue where structures }' ' are located and to resolve, accrss to applicant's dock through the appropriate grnn• irry of access easements. .kR• . _ ,.• _ , 't h T < ,r a Y + F ,Nts :tuning File 01515 i May 25, 1990 1 Page 3 of 3 j Council Action - To provide conceptual direction so that staff may prepare the appropriate resolution for formal action at their June 11th meeting. If Council considers granting approval of the „1 application as proposed, Council may adopt the enclosed resolution. • i •,, • r -11 _ J is. yC R'.,." 1.i oi A ,n x • • .Y^ '.. firYF �. a,d+FR ` .. -�, w.:�a'Ne :1it2rzj � lc _..M►/aui4lAiar;.lti.11t:-n...:a4:.,4i,..4,ra,t _iA-2 r ..,,.,,.,.u,x_tE1ia a7. �lixS S, .: .. • • ,_4. To: Mayor Crabek & Orono Council Members • ,:',::� Planning Commission Chairman Kelley Orono Planning Commission Members •. City Administrator Bernhardson :>yy �' From: Jeanne A. Mabusth, Building & Zoning 4Administrator '•• Date: '''�. April 12, 1990 „' Subject: 11515 Jeffrey Johnson, 3825 Cherry Avenue - '... .. Variances - Public Hearing Pertinent Ordinances - r;.,.: Section 10.03, Subdivision 6 (3)(B) - Although the county has confirmed that the three parcels that :'•, make u homestead property can be 1�. P the ,..y : ga11y combined, Technically a variance must be granted to this section of the code because 1the the{ lakeshore lot is divided from the homestead ` fY'N•� property by an unimprovedY. Hence portion ofe .;.. .,,:, the dock classified as an accessory structure cannot receive credit of :+ principal residence. Section 10.03, Subdivision 9 +k+° principal residence on the lotprior The code requires a ', , accessory structure. to construction of an ' -%` ability to legally combine thae three theain, County confirms the `' g yparcels. f?,'M , 2. Section 102 b"''' Subdivisions 1 setback/hardcover. and 2 - Lakeshore ol encroach 'rib. A) The 200' len thR i 't �' area located abo a the 929 929.4' 'elevation a d ,is located •41'; within 75' of the defined „�+r elevation. The DNRis reviewing sthe e at the 929.4' 1 s .*`•' application that in olve structure ato or below the rtions of the ' + ',' 929.4' elevation. T e DNR also advises that.the Corp !,, , ,, of Engineers will be reviewing '` 4�- 1. g placement of the dock in .. relation to nagivatipnal issues in the immediate area. Y The total dock consists of 600square feet of hardcover structure, the majority of which is located below or at ' "-x: the 929,4' elevation: k` . _.� •. R) Hardcover within the 250-500' setback area: 0% a-,:, Area = 23,183 s.f. ..., Allowed Hardcover =,a, Existing Hardcover 6799 s.f.s.f or 2 tM, `; (refer to Exhibit 2,790 or 12.1% • 4 \A9) . ., : th ,„..x,..,si ...., . _ . . . , y , r: ,q �•" • • � s ?cning File 01515 April 12, 1990 Page 2 of 5 List of Exhibits -; "an. Exhibit A - Application Exhibit B - Applicant's Addendum ! Exhibit C - Property Owners List Exhibit D - Plat Map• ' ;.•( Exhibit E - Hardcover Facts Exhibit F - Enlarged Plat Map Exhibit G - Survey as Exhibit H - Construction Plans for Dock ; Exhibit I - Site Plan Exhibit J - Section 6.05, Subdivisions 1, 2 and 3 Exhibit K - Aerial View, 1970, of Existing Dock on Adjacent '` 4 • Property :{ Review of Application - The applicant has recently acquired Lot 2, Block 3, Crystal Bay View, a substandard lot consisting of predominantly low lying wetlands and portions of Lake Minnetonka. Obviously the lot is unsuitable for residential development. The purpose of the acquisition was to provide riparian access to the homestead portion of the property on the south side of Cherry Avenue (please refer to Exhibits C, D and I). The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry Avenue connecting to applicant's homestead lut at the northeast corner. The dock will be 3' wide and 200' in length. Although the applicant has referred to the dock as a permanent dock, it will not be to constructed with pilings. The plans reveal the posts placed • every 8', as there is no scale provided with the drawing, it is • difficult to determine the clearance from the 929.4' waterline. This issue will be addressed by the DNR Fisheries and Wildlife :': • Division. It is recommended that the posts installed within the ' lakehed he cedar posts rather than treated lumber. The '. • dock/catwalk is shown 5' from the west lot line. Planning • ' Commission should make a recommendation concerning the required ' side setback. Is 10' necessary? The dock placed on the lakeward side of the property woulu he subject to all pertinent LMCP ordinances for dock placement. Note as the cat walk moves • Abe; northward towards the main lake, the upland or dry land area becomes apparent. The present application is being reviewed by • the Corp of Engineers and the Department of Natural Resources. • 1n diseussiens with Joe Richter of the DNR, he advised that the Corp of Engineers' review would be based on the navigational issues. The h/H review will address tho following concerns:• • + ` $'44 *I` 1. DDyy, YI a , ` . . 5 4 • i.7 • Zoning File 01515 April 12, 1990 •'.1 Page 3 of 5 '. . 1 . fill ; 2. impact on wildlife and fisheries; 3. adequate room for waterflow under portions of cat walk structure. • Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. The Public Works Director is in the process . of reviewing the request as approximately 65' of the structure is . located within unimproved portion of Cherry Avenue. Gerhardson has asked that the Planning Commission and Council complete their • review prior to his acting on the applicant's permit. The ,t standard that the Director will use will be if the proposed structure presents an "unreasonable hazard to the public". Gerhardson advises that if the structure is approved by the other reviewing agencies, the applicant will be required to file a Hold . Harmless Agreement with the City holding the City not liable for • any accidents that occur from the use or placement of the ; 1 structure within the right-of-way. One of conditions of the Hold , Harmless Agreement would be that the owner of the property I provide updated liability insurance. Please review Exhibits F and K, the neighbor to the ,. immediate east owns properties in similar configurations, divided ;, • by unimproved public alley and public roadway. A similar catwalk structure has existed serving this property since 1970. The date of the structure is confirmed as of the date of the 1970 aerials used by the City. There is nothin in the public record that `1 reveals any special approvals of this specific dock structure. • When applicant first discussed the pP proposed application with staff, staff strongly recommended that applicant seek joint use of the existingdock, but the. property owner refused. Upon inspection of the lakeshore portion of this property, it appears `4 that the owners to the east and west have encroached the 50' •• lake yard. If applicant is 'n , y pp granted approval , prior to staff issuing a building permit for the new dock and catwalk on the • land base, a survey of Lot 2, Block 3 must be submitted as part cf the building_ permit application process for proposed , . construction. • • The City has asked the nNR to deley formal action on their ` permitting process until the City has acted on this current land • . use application. • • P 'view Fxl:ihit P, -the applicant 's addendum notes the �. fellewinq hardships and findings: �. n1'ti. • h 7• • L fay L I . , 4 • ,e4.0, ...„ - , . • ,. • ,. . • , . . . . . . .. t . . -i . . Zoning File 01515 • April 12, 1'490 }. • Page 4 of 5 7. , 1. The portion of Cherry Avenue that the proposed catwalk structure would cross is totally within the wetlands/lakeshore and is not used for roadway purposes and is currently unimproved. ;, i1 2. The legal combination of the substandard lot will now be ' i ' tied to an adjacent homestead parcel and will never be the � , subject of a land use independant of any homestead. •s 3. The proposed dock structure meets the LMCD criteria for - ..''r an authorized dock use area fora dock with one slip (1 slip '`` 3 • per 50 lineal feet of shoreline) . 4 IP. 4. The property consists of predominantly wetlands and it lakeshore. ,l impact on adjoining ; 5. There is no adverse j g property owners or the public generally as a similar dock and catwalk structure has existed on the property to the immediate east 1 without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 1. Options of Action - Denial. If denied, please refer to the necessary findings . i within the va:.ance sections of the Zoning Code. ' ` 's Approval. If a ' : pproved, Planning Commission members may consider using some of the appropriate findings and hardships ,'. noted above by applicant. Approval would be subject to the •e following conditions: 1. Prior to filing tte variance resolution by the City, applicant must apply for. the legal combination of the three %,R parcels. - i 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and . unimproved Cherry Avenue, applicant must submit the . following: A) Survey showing any encroachments of property and . location of proposed structure within Lot. Planning Commission to advise if 10' side setback is necessary ''. Along land portion of propel -y. ,., P? Ppl rova l permits from Corp of Engineers, !MR And °tone Public Works Pel�nttment. Please note a] .1 fully 3 . cyr c ut••rl agreemr�nt s,'1 i ahi 1 i t y i nsuranoe to t'e submitted • ` ` ' with ' he luildiPUt re application. ` e ' J ' a • 7 H c. . . s�, f ±.. . . . . . . . ' - - . . ... — .' , • • . ..•. , . . . . . • -'.•. . . - ... • .. , . . , . it • - • --:. ,::i..• *- ' .., :. ,:- .'' .- --. .• '1•'..,4 -:.-7• ' •:: .•- • • - . . .:,:!.,,,,,,. .„. . • • • - • . :::-• g:: . A•r-C,.• 1.7`.;‘,-,•..t.-,:-:•• 6 • . ?=4„IP: ,` . .•'' . , •:.jio' .t• - Zoning File #1515 ,.,. . April 12, 1990 Page 5 of 5 .,.. ."`_,... 3. Posting of catwalk/dock structure with "No ).i,i.-,-,'.- Trespassing/Private Property" signage. 4. Based on standards of LMCD - the dock shall be limited -;"-'4,:Y.•• .1-9.,,Z' .• to one slip. • ••••..-„"?: Additional Comments and Planning Commission Recommendation - May 7, 1990 . . ....; - The Planning Commission voted unanimous approval of the variance application of Jeffrey Johnson subject to the four conditions set forth by staff in the memo of Ardl 12th. The enclosed resolution has been drafted for Council's review and •,V":. . ,14,;••4,f-", formal action. • -,!'.. i .,,,..,1.• . .:•,;,...x...!„ • aAM/tln • i li 1 , < . . . • , • .. • -,• • : - ;.r. , . .. . 'W''... •-: , '• '..'' e ...4...,.... • , . ..r, ,4 :1:':i.'?: • 'i.r.r, ,'f•.,.; •. i . ...A../ , ':.,..,•: , •': • iiw-4, . ' ,:::,,- •••- .• _ ., , i ; 4• • •i•-;"•; -.":' •n *1:1 . •.. . • . ,•:e.c;.7 if " •41.- ...7=tr... . : ,r!e; ,...•41'' .. .„, . ,.. •, . .• ' . . . "P. • • . 1 . . ..-- .. ., .,., 6,.. ;,. .f- ' . • . .. . . . . • . ,C,•t.,i,.-1., , :• • ,- ' ' . .• ' . . .$ • - t.., ••:-..‘-'.:t:k:' - , I .. ., .. . .. . . , • - • .i • • . •,.,i . 1-4 . , ,..' • . — .,... ,0„, ....• ' I - . . • . , e';yk.•'''.:A'6t'Ar4ogtak;;4' _. _ , FDIP 1 /2" c� y�G�� - 7 �I 12" PIPE CULVERT — —� FDIP 1 /2" 9235 FDIP 1 j2" s- - BITUMINOUS CHERRY AVE. FDIP 1" S85048+22"W - SHORELINE AS LOCATED 11-30-1998 929.4' SURVEY LINE CONTOUR \-. U) 0 r 0 ++^^ 1 V/ 0 O O.a AREA = 10821 SQ. FT. O I a t ® �N"+ 2 i "� `•° I OD + ►� I rn i j o 2 > � A TITLE OPINION WAS NOT FURNISHED TO THE fi r m / SURVEYOR AND NO SPECIFIC TITLE SEARCH FOR j� EXISTENCE OR NON—EXISTENCE OF RECORDED OR UN —RECORDED EASEMENTS HAS BEEN CONDUCTED BY THE SURVEYOR AS PART OF THIS EDGE OF WETLAND SURVEY NOTE: THE WETLAND AS SHOWN WAS DETERMINED BY A LAYMAN AND NOT A WETLAND BIOLOGIST OR ENVIRONMENTAL CONSULTANT. \ I y TOTAL AREA = 31767 SQ. FT. �{� I TOTAL HARDCOVER = 2952 SQ. FT. 50.00 I HARDCOVER - 9.3% ' S850422"W - 151.58 ' 'o 9) AREA — 16446 SQ. FT. HARDCOVER AREA = 2794 SQ. FT. Tj_ 3 0 oc 'V .0 % s �Mp�Q FDIP 1" - 7 i CI; 6' CNAtN LINK FEN 15Q,00 1a0'0o S77°24'�»w 517°24'gg"W FDIP 1 /2" 0-7 L— / AREA = 4500 SQ. FT. HARDCOVER AREA = 158 SQ. FT. AioJ S7102� 46 180a0 9C� n FDIP 1" 1FDIP 1" TIMBER DOCK BENCHMARK : ELEVATION OF LAKE MINNETONKA NOV. 30, 1998 = 928.36 O DENOTES 1/2 INCH BY 14 INCH IRON PIPE SET IN THE GROUND AND MARKED BY LICENSE No. 24764. DENOTES FOUND IRON MONUMENT Proposed Top of Foundation Elevation= 000.0 Proposed Garage Floor Elevation= 000.0 Proposed Lowest Floor Elevation= 000.0 0 Denotes Iron Monument + 910.0 Denotes Existing Elevation +(910.0) Denotes Proposed Elevation Denotes Direction of Surface Drainage I hereby certify that this is a true and correct representation of a survey of the boundaries of: PARCEL ONE: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota. PARCEL TWO: That part of Lot 2, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County Minnesota. And the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 17,�h day of December 1998. Gary R. Germond Licensed Land Surveyor, Minn. Lie. No. 24764 W Z W �C M tZ U_ W LL_ o Cr a W U CY- CL W L� O CL O:f M Ww CV U J DRAWN SMM CHECKED GRG DATE 12-17-98 SCALE 1 "=30' JOB NO. 3540-01 BOOK PAGE y�P4.0F MINAws, Minnesota Department of Natural Resources W DNR Waters -Metro Region, 1200 Warner Road, St. Paul, MN 55106-6793 ' 1 0 Telephone: (651)772-7910 Fax: (651)772-7977 yo ��FNATURP�P April 12, 1999 Mr. Paul Weinberger APR 1 3 1999 City of Orono „��dU P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Zoning Application#2473 for Matthew B. Herman, Lake Minnetonka -North Arm(27- 133-22), City of Orono, Hennepin County Dear Mr.Weinberger: In a recent letter, you asked about the status of DNR Permit #90-6244, which was issued 6/29/90 for a 263'x 4' boardwalk at 3825 Cherry Avenue. Since state law only allows a DNR work in bed of public waters permit to be valid for five years, a new permit would be required. The applicable laws have not changed, so unless there is new information about the site or new local regulations that would preclude the issuance of a permit, I would not expect a problem with a new applicant receiving a DNR permit. However, they would have to go through the full application process, which typically takes 60 days. I can provide a copy of the original application materials for DNR Permit #90-6244 if Mr. Herman does not already have a copy. The Lake Minnetonka Conservation District should also be consulted, if they have not already, since a variance from the LMCD code may be required for such a boardwalk. If you have any further questions, please contact me at (651) 772-7914. Sincerely, Ceil Strauss Area Hydrologist c: Lake Minnetonka Conservation District, Greg Nybeck Minnehaha Creek Watershed District, Jim Hafner Lake Minnetonka-North Arm (27-133-22) File DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Is Printed on Recycled Paper Containing a Who Values Diversity Mali Minimum of 10%Post-Consumer Waste , , .1,,'0 7 0 _�r. T�j CITY of ORONO 0.7),,,ky--5;f-,,-. ti Municipal Offices ��``;- ' 4� Street Addreu: Mailing Address: irE610 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. /Your full name is required to process this application or permit. 0 IA-TT v1 c►.J g se.l 14,:Z01444 First Middle Last 3g25 C14€1 '4 A ')Oe Address oQtir►'p rhct.I SS36 y 6 k 2 -k 71 -7 z 4g City State Zip Phone I underst my •'gh as tated above. Signat e # ff------ ,, , . ,:s., Telephone (612) 473-7357 • FAX 473-0510 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have'an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, •an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 f • REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. jc Completed Application Form 2. i Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. ,c Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 81/2" x 11" for reproduction. 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 81/2" x 11" for reproduction. 5. _ Sketches or plans of floor & elevation views (provide one (1) copy 8'/" x 11"). 6. 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). 7. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and co ct t9 the est of his/her knowledge. Applicant's Signature /C) a..1l Date 7 -.C: OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City aff consu ts, agents, Commission members, and Council members for purposes of inve at' n rification of this request. Owner's Signature ( ----- Date ?— — 7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each 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 to advise the Building & Zoning Office of this change prior to the meeting. -.0.,+. Adjacent Property YOwners' Acknowledgement Form I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date ****************************************************************************** I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date • Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 City of Orono—Variance Application Prepared By: Matthew Herman APR 1 3825 Cherry Avenue, Orono, MN 55364 1999 PH: 612-471-7248 C,o I y C.r U,01-vo Property ID: 08-117-23 33 0089 Attachment to Variance Application: Description of Request: I, Matthew Herman request that the City of Orono permit the construction of 263' long catwalk to connect my two property lots that are divided by an unimproved road, Cherry Avenue,which is contained in a wetland structure. This request and variance will allow for access to the lakeshore property from my interior lot. Catwalk dimensions 263'x 4' See attached proposed structure detailed on survey. Hardship/Description of Unusual Property Conditions: At present gaining access to the property lakefront is difficult and not possible due to the surrounding wetland. The request is unusual to the area and will not adversely affect the neighboring surroundings. Further, there is no record of adverse impact from construction of a similar dock by a neighboring owner directly to the east of the proposed catwalk(see survey). APR 1 2 1999 Adjacent Property Owners' Acknowledgement Form Gi i Y Gr cn0,ti'O I (we) ETT V L4 4 frf of /t) or ilk Aare Or [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the_property located at 3Ro2S Ckkrr A.R. also referred to as Land Use Application No. 173 . on%) sS3C1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's • project or use requires Counc. approval. Property er Date Property Owner Date ****************************************************************************** I (we) (;E E 'St)H-A.So64 of 3 8 17, [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3 Z a S CAtecry 4SAA. also referred to as Land Use Application No. a 4.73 . O Co no "et 55364 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 11-11 - 9 Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 81/2" x 11" for reproduction. 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 8'/" x 11"). 6. 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). 7. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant 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 authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each 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 to advise the Building & Zoning Office of this change prior to the meeting. 7 -.--- , ' / , -7/...--/- (it/W>/--) -----" tl/V 0)// /02[0 _ id 61,9v,idti f / ) q LI ____ : Q1- ____ _____,j Id t.1H61-:0T 666T =T 'dd 1 =,Tt-TOLt- _T'9 : 'ON 3N0Hd 6._iaa f 10"01:I ' '=1L'JP"-i=h : H dJ 1 FF'01.1 Ber 9 PHONE NO. : 1-S12 470=1141_; APR. 12 1999 10::-19H 1 P2 Adjacent Property Owners' Acknowledgement Form I (we) " V E L-'[ h I of f'IJ of. TA. [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of theproperty located at 3?�15 C 1.(-r ,' Ave. also referred to as Land Use Application No. 1473 . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Counc. approval. Property er Date Property Owner Date ******************************************* ******AAlcAA**********.************* I (we) (ENE Pr, eQ4 of 38 1c:6 S Kc.,ce [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use'of the property located at 3 ga 5 CANerry . also referred to as Land Use Application No. a41.3 . OCCc' ,M.t $.-3(" I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 4A - - -1 - 9 9 .� Property Owner Date • Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Application Date: 3/8/99 Deadline Date: 5/7/99 REQUEST FOR COUNCIL ACTION _DATE: 4/22/99 ITEM NO.: / Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description: #2473 Matthew B. Herman 3825 Cherry Avenue Variance Zoning District: LR-1 C One Family Lakeshore Residential District(1/2 Acre) Lot Area: 31,767 square feet (.73 acre) Application: The applicant has requested a variance to permit the construction of a 263'by 4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures to be placed within a wetland. In 1990 the City Council granted a similar approval for a previous property owner, but the structure was never built. The applicant will be required to obtain necessary permits for the work proposed. The DNR has stated a new "work in bed of public water permit" is required as they do expire after five years. A variance from the Lake Minnetonka Conservation District may also be required. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 1 vote to: Approve the variance based on the Staff Report. STAFF RECOMMENDATION: Staff recommends approval of the variance to permit the construction of the catwalk subject to applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. CITY OF ORONO ZONING FILE #2473 P.O. Box 66 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 ACTION PHONE:(612)249-4600 FAX:(612)249-4616 DATE OF NOTICE: April 21, 1999 TO: Matthew B. Herman COPIES TO: 3825 Cherry Avenue Mound, MN 55364 TYPE OF APPLICATION: Variance DATE OF MEETING: 4/19/99 VOTE: 5 FOR 1 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. The applicant obtains appropriate approvals and permits from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. Applicant's next scheduled meeting is confirmed as: City Council April 26, 1999, meeting starts at 7:00 p.m. 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. X:\APPS\W PW IN60\W PDOCS\CAROLE\PCACTION\2473. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2473 WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the located at 3825 CherryAvenue within the Cityof Orono (hereinafter "City") and property Y ) legally described as follows: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota; and Thatpart of Lot 2, lying west of a line drawn across it midwaybetween the East and N g West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); 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 April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 1. This application was reviewed as ZoningFile #2473. PP 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 5 to 1. 4. The Planning Commission made the following findings of fact: A. The portion of Cherry Avenue that the walkway would cross is undeveloped and is entirely within the wetland or below the 929.4' lakeshore elevation and will not be developed. B. A previous property owner acquired the 50' wide Lot 2 for riparian rights to North Arm Bay of Lake Minnetonka. The lot has been combined with the existing residential lot which is a conforming lot in lot area. C. The proposed dock would allow 1 slip per 50 feet of lake frontage. D. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. E. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. F. Additional variances are required for hardcover than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. 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 Page 2 of 5 pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 2. 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 .:(I TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: April 13, 1999 SUBJECT: #2473 Matthew B. Herman 3825 Cherry Avenue Variance Zoning District: LR-1C One Family Lakeshore Residential District (1/2 Acre) Lot Area: 31,767 square feet(.73 acre) Application: The applicant has requested a variance to permit the construction of a 263'by 4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures to be placed within a wetland. In 1990 the City Council granted a similar approval for a previous property owner, but the structure was never built. The applicant will be required to obtain necessary permits for the work proposed. The DNR has stated a new"work in bed of public water permit" is required as they do expire after five years. A variance from the Lake Minnetonka Conservation District may also be required. Pertinent Ordinances: Section 10.03, Subdivision 6 (3) (B) The 1990 approval granted a variance to permit a dock to be located on a lot without a principal structure. At that time lakeshore access lots had recently been purchased and not legally combined. Later all five lots were combined. A variance to this section of the code is not required for approval. Section 10.22, Subdivisions 1 and 2 The 263' length dock will encroach the wetlands area located above the 929.4' elevation and is located within 75' of the defined lakeshore at the 929.4' elevation. The total dock consists of 1,052 s.f. of hardcover, much of which is located at or below the 929.4' • elevation. The Lake Minnetonka Conservation District may require additional approvals and/or a variance to permit such a structure. The total hardcover in the 250-500' lakeshore setback would be 3,000 s.f. The property is allowed 6,954.9 s.f. or 30% of the total area. #2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page I ANALYSIS The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry Avenue connecting to the applicant's lot. The dock will be 4'wide and 263' in length. Although the applicant has referred to the dock as a permanent dock, it will not be constructed with pilings. The plans reveal the posts placed every 8'. The plans do not indicate the clearance over the 929.4' waterline. The plan shows the location of the dock to be at least 10' from adjacent property lines, therefore, meeting required setbacks for accessory structures. The dock should be fully reviewed by the Lake Minnetonka Conservation District to ensure compliance with their standards for docks. A variance may be required for the amount of dock located beyond the 929.4' waterline. Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. Greg Gappa, • Director of Public Services,will review the application as approximately 65' of the dock will be located over an undeveloped street. The standard the Director will use will be if the proposed structure presents an "unreasonable hazard to the public". If a permit is granted the applicant will be required to file a Hold Harmless Agreement with the City holding the City not liable for any accidents that occur from the use or placement of the structure within the right-of-way. One of conditions that was required in 1990, and will be required again is that the property owner provide updated liability insurance. The property directly to the east has a similar structure that has been in place for many years. That individual structure may need repair or replacement sometime in the future. Variances may be required on these structures if they are repaired or altered. This application requires the following variances: 1. Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit • hardcover and within 75' of the OHWL of Lake Minnetonka; and a variance is required to place structure in a wetland. Issues for Discussion 1. That portion of Cherry Avenue that the proposed catwalk would cross is entirely within the wetland area and lakeshore and is not used for roadway purposes. 2. The lot adjacent to the lakeshore has been legally combined. This was a requirement of the approvals in 1990. #2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page 2 3. The proposed dock would allow 1 slip per 50 feet of Lake frontage. 4. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. 5. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate • documentation for a permit. The previous permit issued in 1990 has expired. 6. The proposed dock is longer(263' vs. 200') and wider(4' vs. 3')than approved in 1990. 7. Additional variances are required for this application than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. A) Structure in a wetland B) Section 10.56, Subdivision 2 -- Hardcover STAFF RECOMMENDATION • Staff recommends approval of the variance to permit the construction of the catwalk subject to applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. • Attachments A Application B Description of Request C Site Plan/Survey D Plat Map E Location Map F Site Topography G DNR Letter H DNR Permit Extensions I Deck(catwalk) Plan J Municipal Code Section 6.04 K Resolution#2807 L Permit Record #2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page 3 Application# °z y7 Date Received 3 rye/ 1 Amount Paid ': Z S o CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 3 V -S C-146 24 AUEN Q 02. Jc YK tJ S S 3 64 Property Identification Number (P.I.D.) 0 $— 11/ — 23 SS o ogq Attach legal description to application if not included on required survey. Date Property Acquired S C?c"E.NZ EP— I S i i ci♦$ (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: x residential other (specify) Zoning District: C R =- IC- Sii/Fc: CAiM«y Avian c— R(T 041-Am at... APPLICANT Phone(home) C t 2. —4'1 I —'12 47 1 Name fl c I g. 6-2_rn ANl Phone(work) 61 2 - Z t 2 - sr 3 3 Address: 3 3 Z S C N c 1 R ti A v City: p tZ.taN1 o Zip: -CLx (ola- 1l1l- t9341 OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ 3.0 0o . — Describe request in detail: i47 74chic! (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback: _ Front _ Side _ Rear _ Average Lakeshore Other (specify) S4 r u,ctw_._ i V\ li tkkavi ot HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 4 ry-Ac/ E) (attach additional s • sary) . x ,.. . /11" f..."404 or) !,,---, . 4i.-- 0 . 0 . - CITY of ORONO .. '$ f,, ,r-;. ,`a;- av Municipal Offices �; Gtreet � F,+ggO4� S 27 Address:50Kelley Parkway Mailing P.O. Box 66ss: Orono, MN 55356 Crystal Bay, MN 55323-0066 1998 APPLICATION DEADLINES Deadline Date Planning Commission: City Council: Noon on: December 22, 1997 Tuesday, January 20, 1998 February 9, 1998 January 21, 1998 Tuesday, February 17, March 9, 1998 1998 February 18, 1998 Monday, March 16, 1998 April 13, 1998 March 25, 1998 Monday, April 20, 1998 May 11, 1998 April 22, 1998 Monday, May 18, 1998 June 8, 1998 May 20, 1998 Monday, June 15, 1998 July 13, 1998 June 24, 1998 Monday, July 20, 1998 August 10, 1998 July 22, 1998 Monday, August 17, 1998 September 14, 1998 August 19, 1998 Monday, Sept. 21, 1998 October 12, 1998 September 23, 1998 Monday, October 19, 1998 November 9, 1998 October 21, 1998 Monday, Nov. 16, 1998 December 14, 1998 No Meeting in December December 16, 1998 Tuesday, January 19, 1999 February 8, 1999 5 Telephone (612) 473-7357 • FAX 473-0510 City of Orono—Variance Application Prepared By: Matthew Herman 3825 Cherry Avenue, Orono, MN 55364 PH: 612-471-7248 Property ID: 08-117-23 33 0089 Attachment to Variance Application: Description of Request: I, Matthew Herman request that the City of Orono permit the construction of 263' long catwalk to connect my two property lots that are divided by an unimproved road, Cherry Avenue, which is contained in a wetland structure. This request and variance will allow for access to the lakeshore property from my interior lot. Catwalk dimensions 263'x 4' See attached proposed structure detailed on survey. Hardship/Description of Unusual Property Conditions: At present gaining access to the property lakefront is difficult and not possible due to the surrounding wetland. The request is unusual to the area and will not adversely affect the neighboring surroundings. Further, there is no record of adverse impact from construction of a similar dock by a neighboring owner directly to the east of the proposed catwalk (see survey). ;•• ----,-,-.:: -,-;'.? ..,-I .- -.. v.-p s.,, ,::: "...- -- ‘24.4---%..7s, ..,..,/ • -• :x..\ ' I 11 t',. ::,) i:,- -,..., . 1.‘ ..o. . so'"(6) / \ Nr .'''' / /..s I • ui ry .., 9r-I-2-' 4......of.:0 ,,;,.....-1:--.:-... \ '7. .4:0 • c ,..• • \ • ,. ' 's.sc)/Y / . . \ A.8) ) 7 ' 'S i 1 \ i ,. • • \\r, ...c .\ / i,y t'ii \, • •%Ai..r s'. •\ . \\\ ' '‘‹),--....,_, • \ \ . \ \ ---, \ A \V 1 i • 0 S '-- trl 0:3\:' . , • \ \\ . \ i •A 0_:72)..."----"‘ \ \ \ \ . i 4 . \ ;,. si\ . . \ , . • \ • .. .'..:..--‘, ., „‘ ..:"„.. ..•.., ... •4 ;,1" . • • . 1. 2/."'''1°' ii kr -.)`... • • •• S. .fy 60-..., ...... 0'0, .. . • \ . ' . . . ., -- -- --- -- , a_ I. / , ... ...- • v. .. (f.,3 ••••: , . '7... • . ?b ".;..,-.•...• • I:" '4 • . , ..3./ PI %,P34 (9) * " ri II IP • 17 rfi it ::.%•-.. 5° 45 ". --r—,..-- , ,.,. 1 . 4, ;‘,.. i so ... th):(7) (6) • . •1 7 .- •/,•, '''. .._-_, -,, 1.. .. x• 1 0/, -* ' 5: 1 •-• 88. - ( 1 5 4 :::::.•• r7,' ,/ •'-. \ - rid--..- S a, (1: 3 ''`..1:.:: ' a5 • , - • i 6 1 4.- •)•• e. •e"--- .1' z..•....•,.. (40) ''' '5it i i4 , '• (Z?‘1 q'' 6‘' -e- -,- ---C-H--FR914P 51 W i 5) ;.1 ,.&;•::: lei (57 -- ',' > I / 1 5 I .753.'3,36 I.•...:..•'•.1 la 30 so •:•:•.• "••• ) ,' 4 /11 i.,, ; ,1, ./ --, 70 0! • • i • 30.Ty. A VE .....L so so :::„;,..; .- I.. e...1 .., ., ;,..w-s so.5 %.-g--- ,,,. _'.... '' IN ... 0,-___ a: .,•-• ..a. i -.., .. •••, , „. 1 —,,,,_._ • ,' ,' ,' ,',' 2-.1.. --. -,A..f, ,•••-, on :5)(449(43) 5 5 ' _:..-' • '%C. S.N...•;...i! • "1` , , r r " / ' 1 ', •k./ 1 54 (90-(40),Z '2(39)A(38)/1:•,•;4:,,: .•r:;i:t3. k- s?,'"---; • , , --, .----.. ___ML__ :: - - R.2:4N• •:••.:' *. '‘11 i r 4.5 ' --: :- 1 •'•,-." ••• ••• 4 --' p5ol . . . . „, ,00 -,..... ,!.....4.! • ,. . ;-:,-- \--- •.,.,,f--..-... ;-.. ,-,,,e -- r ., 74 50 53 50 7 50 N 53 50 Tali.450., 52,41';;M: :.53-'75T...,.. '. a..... 5 0-.'-•••• 3.3's, •-.. b '••• 7/ . 0: (S,;• (94. -. ./.•• .:......: • ( 7-,._ 41,e4••4'...,C: I 7N I.(5:Or- :N.. ..., ,,, ot 4 •11 2 %es.• .... 58) ''. i '''. 's _ .(54)( (56)(57) a 4.• .Iv itzs. ..., ''' -.4- 5 • ' . -•''.:.. •• ,Z?Ii1iJ 55)/. .. ts!..6 ., •.0_,,::-/ ‘ 5 2 r • 7.. __ • 5,,__ _____:._ -,67T----FieR-Tii-- -.-• ... ____ _ ..... .. 31 33 ;•(.10,) .C.LT.L.,:‘,..S ILL..... -- -2 1 — —. T---72 . ., . . .. _ i.t., (I) t7) -•• z s1 .i..5/7 199 9• • I -7Ire. iii I 11EST I S ' ,,,) ,,i- _. '' 1(12) SI ;43) -- RIO , 11 0 L'N 13', i- (IV .• g a _ •5 S i - - - .es- • - - - - _ . . •-r- . i •=k :MA 51 0E57 777.05 • 4os co'-do :N.77 224 205.4 1 ,•:. 2..••• R.% :25 3 ;. :9 & 15)\•• $: (-52) ' 3 F. .. (34) (35) ; (4) I 13 3? (1'16) . S •'. t.?...C1--ED—.._ ,NAPL ECATE. '-,•-• `'....". ..= (i°, .1 — c..QD (3)) E',.___ 19155 ..1• 190.oa "Torl• ••• • }.17 1 '. _ ______LV___-- 2 1 X MIL E 71 2 \ , .-..,v---,-.------s: .. •:. .•••*: (-57) E--- g (36) c• 4 re ... •_,,,t,1.55.2r 's (5) '..‘ .2.: (18 is (30) • .. E- O.w .,,• ....i - ... t'..."' 4:7„--• ,..... -Al. 1•1 ---. . ._ .-. .„_---„------------ :, RD :, z13.36 4.. ' Is s; IM is) I "i r_---(ff3)----iiS.-- I .- •- - ' ' • 1 It _ - - 1?1 3 �Nd1� � -01 f1 i n 1 _ _ .- - -- _ _ - - rJ o o sl+ � r� I f . 401k40 i ---- — — — ,Iir r 's L . oi a t to 44:t. Cl4 1, _ _ _ .. ____ ,-, ii A _. . t ' ,....._ ......„ PCO In J� a �7 ___ _ _ I O ��' f � / i P.) 'o ' ,pt•t3 ; ' � R !• ya.a•+as\ 9 1\ •u �. — t 1w T ` A C) - ‹. 1 R i LAND\ ---- ---721=Eilliiiiril . I q 1 s n.a- (1 amCA I I r" o - - _- \ \ J 1 („J .__ Is.) • 1! !II 11;41 lig II III° ill 1 VI P 51. le 2 ' , 1 il Iii 1101 :7Cfcct Y r Is 1 a. Ili P14i jt lIt I III g I; - 11 � _ ii a ig ziF � m 7 • J &; t lia 1 #� ii Il f ! Psi $i 5 ito if a i 1 g 5, III .f ix ifq L . ... 1 T. I I . s 1 • . 1 CERTIFICATE OF SURVEY 11 Y jig LOT 2. BLOCK 3 CRYSTAL BAY VIEW igt% SATHRE—BERGQUIST. INC. `INkAami gl PREPARED FOR % . 1 3°'M0'°'"r•`"'z"u'asxi•(„�47 1 b MATTHEW HERMAN `At r'� ti/ a t .; 9. • coo . co3:1.11..;;;,1.;:jr.: .!, ,..: .3 c:i c.i..,4filqf .4'...er . 10.4f.4,:•11 Ile 1 es luimi • • ( LI �IY� � ,. • oU , • �S MORTN ARM LA �\zu ,:�tl .f : •.!/•.`.•.^'-:'Tp{i3w.l b•cp..t• . 41 2i y;;is.• AAA o m:::.• 9..., � A."'� 73 7.•.,• .., J.14 w. " A. I •: 1�d'!• t� pit• `lam Ve rvi 't ..aa• 'V� S� .}',.!•;i • y ••.. 1,W'5;&'` ,F7 V1.• ' ® ire, •r«•• A ft0 •!. t r 1' , Y•.:• r:r: V_� . : p j? r) 4q„•(1♦dr a .4{,.' 0 A • \ �� r r , •'',' •1''•1�i,),`1 ,�;..0•• . r•p I,. ,,.(,Nrc1..;rf� ;r,;II,,J,, • �.A •j • �7 t�;l ,'/.�" 1, BEAMS/ A �•''j '�Osl ,.���..1.11 1 . ',,j�•4 •. .l X4 �t 9.ir..-. 4 .kg 28 X g :i • I P., .!. •.to11.•: ••„ O'. . Pt* •', 3 Itt'1 v ••f. ,-,I., .i..•.r�' % , I r •• 1�..�,t t i �!�. ''. , p�' Z1" h1E 0 a • Cite ' 4 •�.� a7.0'0t 1oz,,Ab L.• ,t... n t0 N N�J' • •. 7' 410I 13n11�8 LINp o •ti ?s'1 to* ~ F K AVE :;,:,. •,,,ip,. �� i ;V. 4 ST NO :TIW 7 fG(:t �.:.{'`•`'N• Mho U•zs WEST LAKE ST • '•r t..•• �� 'rru g 1 '•I al 0 MISS AY M 4 LA '�ri1•'' 'l"�.y,•�•'1'. , p6._, .\`11 -141 7 S . , •.• '4/ . _ _ • NV , .... Iti3 r • . .,� : , ! ' .-$ ii L f. •� •. :• ;,f.v, ..,.1•}\, ;:1••� (h;l LANDMARK DR ' o y a00 OVNt • .': •.'tip;' 4•i lit is :'_I.:}'• .1,. Oh. '. �'• 1��.�: 'i'.4• :. t1...10. 3600 '•t36 0� !' . ' . ;..r� •.r, • .1,r• .. r i� i'�• ,. .''�it .Lit Fort* r j"ft t :�� "L,-.. ;,.;;,i . .•.•'.1:,:t t,;• .4. f5;1•'• i• i;,• it:krsk�� A . ..b la *0 OA . .)' f.t%; •.�•Cr4.f GI'• y.•a11i• . iT (' , s'f• • .11 ,:, 1 1t:�l`.. :r, •i*rs.• 1.,.1.' t1W)tIAY IIO!• , mvm a. . .f•r,• r'•.� .i• .. NI+.�,:'„t•1 )..• �.` i,• i' ..4:r=, ® e� ;t 3,"**•..::leh tirnZ l/:. �'y•1;�iij'�r!•�•+i'..:4./ 0(,' i s •� ) •(�. ��. �.�•• • tip. :•• 'I• .'�•• y'••f• , ' •'t•I••}.�,\`((���•'.% •� :b.,. . ( ;.j• y/ �t •pj.7r.'r'• '0Octi._ A� .. :-1•••J•'!. ••.:.;.:rt.:,••••• �• • 'I-• ..•'• ':5 •• • , . •'` .a`„ .. •,•t,'•• G.Y !l.t:,. ''••...' '•� it • '••, ; 7ooO� .•.. ., ,. h '• • � =, Ott•• : Y 4 .. :'ice 4, % , • '' 4:10 1� 'f• 1: ..1 .,;.•I .•'•• ! e.+u• , . ,• •r'; e. ; • 0 �& ;.1%tie t it. (`,y .),�• w;.,:i?�^• f. : ; TO NKA AVE o I. et/ y • ,••r••{Lit •.. ,. ► •,...;' ;�;..' • ..� ti 1.•,t'•� '•'' �.,-•e .✓�•4•: •i :4)14.11� .li •� 0J- ,yi A r 21 , r ��••fr' •'., A •�t,,l. •N1.•. le i/ ''�' ►•Y•I�•i ./,Jlkft `L 1:'. m It: C3 �` �'iRE.STVIE.{,ty y �y •� '�,.:a'- i tiny' :;,��JJI,t` •�}A't �i�rs �� k .‹�RD RDa AVE :it .�•• O . "l•�r.'.r.:-..r.1 _..•...1�.-S'w..lY.. �••,�A' I.4.�.�+i.4r l y 'f t�A `. •i�.,,�'• 'j,N.,• j. .� •. { '� • '•'.1 f''f•'{•�,►. t1' E 3200 yN .f' 1 ,,, 1• `fW • . , V/ ,•! • . ' •t r • t ; 1/i'1�.� �`t.,,t: �� :. ,' yl:,'` �'1 l ` OMMt ►DINTRO ''y� �.' • •' C Ny ,�j • �i�;; 7�eE,.... a ''1 (.ij t .t�� r. .K, J •:{4„V•t 6M 13 "Al ST rr .1 1r ;•. ,••••,1•• 6.....? ,,,r �r1'' (7+1 ,,f,;a•!• CI J. 1 f ••• , „• l ,t n, uokol n ,S/,d 7.:.e):Q7 ....?•a, v-1, O �• '1•t.-1 t ••. .;• . ' (!'1 • LTfLX �}�, / in '' •t, ' •!.�t.tt' • nr i.i• i.••i„se•� Li <t r .i��"••a{•, t• 4:7..-1-4} y< ,- ' ,, t .�h• .l�rY '��. •.4.,...,+. ..tr.• • eq.•`3 . ": :yc• ••• ��4.1 '••({*"',,{ � ....(•;•,. t la : WEAR u v ' 211 � jy, •••• G �',$JII.1i1.M ,•A. 1::,'•i•#(•}1:'1:�, •i t• 1,�• .• '% •. . • •. .' .f••.1 �':1��7•1, \ >I •tw • IN 4/4i i 1i1ll'' ( tl�.• a 1• c r,...• '},r:. r.•l .gi•:~j....,„,A.1••f• . .• • •.r • t'( •' ,I ,11 7•• 5: ..'44't:r. 1 �i.,i•:r, y� +t,.�i {:;f.1: IIS � 11!' t j , •• ,tX.• .� •• : 9 Et w•f o� 1' -I. % a ,t Z 1� '' '�'. + ';`f• ,L.� ��j' .;.,,r N:r1� .t` '� A •l�• �;••t j'r ' .� ! w1 a[ f l (!T1s�1 • {� ,.'.VF,i.a� '•lo`•r •ttX•,�'t r'::•:Y•! ,k' �{; •k r'i '•1.i', • , �jlf^1� si •• g:1`} MIA' .tI • f! r1••'°•i:.0\ 7.L'2) •tr {•,i't..;:n 6•,!!:S.. ,;•' '. r. ,.. ' .h` .. iCl+ M w PRM•'r<1• ^0AV ‹.• Oft 0 ft 11111 , 9V0 war fre4110, 4-. ___:--____._.---„, .. --. iifJ / a, 0 X 933. . / • /. y, — 1 / �• N /'' • a I h *Ikt r . : // ‘ 1 X l \ \\ 9I .2 �� _ • /// _—> r \ \\ 1 \�)..1.. )./rivi•— \ \ a \ \ \\ • _.___--- _____.. ...---= *\_ ----._ _, ° 97 i p p y �,.� .250.7 939.2 X 945.9 x 942.2 , r. �I-.4 ar , o 0 43 o ....111111‘,:s., Minnesota Department of Natural Resources o DNR Waters-Metro Region, 1200 Warner Road, St. Paul, MN 55106-6793 ' t y Telephone: (651)772-7910 Fax: (651)772-7977 0FNATuo- April 12, 1999 Mr. Paul Weinberger APR 1 3 1999 City of Orono P.O. Box 66 Gi►ti yr��� d Crystal Bay, MN 55323-0066 Re: Zoning Application#2473 for Matthew B. Herman, Lake Minnetonka-North Arm(27- 133-22), City of Orono, Hennepin County Dear Mr.Weinberger: In a recent letter, you asked about the status of DNR Permit#90-6244, which was issued 6/29/90 for a 263' x 4'boardwalk at 3825 Cherry Avenue. Since state law only allows a DNR work in bed of public waters permit to be valid for five years, a new permit would be required. The applicable laws have not changed, so unless there is new information about the site or new local regulations that would preclude the issuance of a permit, I would not expect a problem with a new applicant receiving a DNR permit. However, they would have to go through the full application process, which typically takes 60 days. I can provide a copy of the original application materials for DNR Permit#90-6244 if Mr. Herman does not already have a copy. The Lake Minnetonka Conservation District should also be consulted, if they have not already, since a variance from the LMCD code may be required for such a boardwalk. If you have any further questions, please contact me at (651) 772-7914. Sincerely, Cell Strauss Area Hydrologist c: Lake Minnetonka Conservation District, Greg Nybeck Minnehaha Creek Watershed District, Jim Hafner Lake Minnetonka-North Arm (27-133-22)File DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Is Printed on Recycled Paper Containing a Who Values Diversity �•1i Minimum of 10%Post-Consumer Waste STATE OF M- DEPARTMENT OF NATURAL RESOURCES PHONE NO. Metro Waters, 1200 Warner Rd. , St. Paul, MN 5510F NO. 772-7910 November 16, 1992 --____,,,, ,::) . frey Johnson 3825 Cherry Avenue Orono, Minnesota 55364 • RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Hennepin County • Dear Mr. Johnson: As requested in your reply to our letter of October 16, 1992, the expiration date of Permit #90-6244 is hereby extended to November 30, 1993 . All other terms and conditions of the permit shall remain in full force and effect. Please notify us when the project is complete, and submit any as- built survey (if applicable) or photos of the. project you may have available. Every attempt should be made to complete this project within the timeframe authorized under this permit. Sincerely, J tik, Linc Stine Regional Hydrologist cc: USCOE Hennepin SWCD . Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife Conservation Officer Steve Walter Lake Minnetonka (27-133) file #22 Cnyoe °ROW LQ11--w&D .NOV j 8 /992 AN EQUAL OPPORTUNITY EMPLOYER MM��SRRTATE OF y� ta < < DEPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Rd. , St. Paul, MN 55106 PHONE NO. 772-7910 FILE NO. February 27, 1992 Mr. Jeffrey Johnson 3825 Cherry Avenue • Orono, MN 55364 RE: Permit #90-6244 Extension, Lake Minnetonka (27-133) North Arm, Boardwalk Across Wetland, Hennepin County . Dear Mr. Johnson: As requested in your reply to our letter of January 27, 1992, the expiration date of Permit #90-6244 is hereby extended to November 30, 1992. All other terms and conditions of the permit shall remain in full force and effect. Please notify us when the project is complete, and submit any as- built survey (if applicable) or photos of the project you may have available. Every attempt should be made to complete this project within the timeframe authorized under this permit. Sincerely, akie,e..ze . • hn Linc Stine Regional Hydrologist JLS/kka -) cc: USCOE • • Hennepin SWCD : .. t_: l; , _ Minnehaha Creek WSD LMCD City of Orono Jon Parker, DNR Wildlife MAR 2 je9a Conservation Officer J. Konrad Lake Minnetonka (27-133) file #22 AN EQUAL OPPORTUNITY EMPLOYER _— —�..- -- _ _ — --;•'1.- -!i ▪ •v f -L•.•J``•r _ �_._ _ — —�--- - —' .._—_.. r;:'.. -. •r-•l.. ".• \f _� -, - -�- •r 1 .. ✓•. - _ I 1( :i • �t1«n' 4� g ". .. mot. _. � • 4 y ':l I.rt,-..i•:-:>fti}%;•,�~!F-•L�.. . .� _ ..'7F 4i i ��. . y,t.•.y. S,� "••••�.•1 .•:/•''.`:i' �`," • �.A••# r•eY:;;J,g' ?yii.�" �:.. }0 Tr�ea�.lCi.t{•ti•.,:,Z: _••+ ;trrr� . '_`:.•l."'i :• .. f;•7f .Xy. it •fir yL is `1� Jj. + • _ �� t✓ -t•y . y i•T l <<•..,}'.�•,,GY �,r • t-e'•,i• Pr J r_tt�,: I.•}=,.t j'4. ' .';•P,�.l'i"tr 1'•% V.."PiCI =t+Yrt"it .r.• �i'V,rYt " .ri.. :.k.!/•,�''�••.. Q,y,. �r.•2)::i'�-• ...•`:A.� : el;� t.:.e.5•v:.z •t..• i •' t,✓;L,�l.„ty if` T-.kf.1 •fry'/ . d ?' ;�/,f.:[}.: f••j°',�„y: �'•_44 y J-•:ry i..•- E.j4'1ltfr 14[11'',li.,44ay.' V.% • r14,,'"4e Ve�.^r N. •? r,•q•' ••• ,r 41Zr•e ii•w` •• c•r•• ) .,. !" •• ,•� yyrr:%C ' t�..... .14I7.�• .41,1: r:// _Y .r.tt`�'� li'a.. .�•K/ .6'� Lr {'` y.,:•.�yf .•.t C��,t 7'7 ; �• :1�l.e- /�-.i• •.�� �V'f,�1 '� �ti' .r *:`'V 1V'' .....:::Ie':^. -,rr/-�. ^�tls_i'_.. s•-f2;..•CA.t.-•:-..,..• ....-1.‘ik.,a4.4%:',..i:•.S•••Crn.ii•r124..ni t•Ls';', '•;"r's tAt4....41(145....-:.=•:'.••-••4-•_.•:::':: .....,•'''The,',-• ..-'--.':-'y--.1--',.."-::;'';':4 :--:: 0...1.,.t+Y-M'.. ..."..Vv.`�~Jih: :`X•. �t' S l► L i �Ia_♦�• w'r ..i';,..:-Q'`. t f j• .. r`'` .-•�.� . a., yY -- lLt y"t'C 7• .(`'��Kd' ,r}A- . '4.71.`• Y*,.r 4 .' c ` y . .. . „. ,, ja`� i'°• �C,,. • 1 4..S`• ��ir�ICf� .A ..•3 '� , i.�..;•.•�..�r .f•yt-y t. J" ^„I'1/4 �y/lv e M")/`/fir? Vr—�� ' �� '• --c__ • V • Syr • �f7��;1y N tf: 79g'NgVI . ... 54/.2j� iXZ' Z . , 1 . •... ' ...N..."....... Cr a.Y!1 �!. ,''c> I -, IS-LSo�j 7JVOa? ,, 7 iii iiiii:/: • I :lilt erg P dr �' • 4 J 1 J ' § 6.04 SEC. 6.04. TRAFFIC AND PARKING CONTROL. ' Subd. 1. Traffic and Parking Signs and Signals. No device, sign or signal shall be erected or maintained for traffic or parking control unless it is authorized by the City. The Public Works Department and the Chief of Police are hereby authorized to erect such traffic or parking control devices as may be necessary or desirable; provided, that when traffic and parking control is marked or sign-posted, such marking or sign-posting shall attest to authorization. The City may require the erection or removal of signs on private roads at the expense of the private road owner. Provided, that except as otherwise required by the City, private road owners may erect, regulate and privately enforce other traffic and parking restrictions within the private road right-of-way. Subd. 2. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions. Subd. 3. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Damaging or Moving Markings. Except as otherwise provided, it is a misdemeanor for any person to deface, mar, damage, obscure, move, remove, or in any way tamper with any structure , work, material , equipment , tools , sign , signal , barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other authority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. SEC. 6.05. CONSTRUCTION AND RECONSTRUCTION OF PUBLIC ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners wishing to contract for, construct or reconstruct public roadway surfacing, sidewalk, curb and gutter, driveway, driveway approaches, driveway turnarounds, or curb cuts must first obtain a permit from the City in accordance with this Section. Also, with or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. ( 4-1-84) ORONO CC 140-2 (7-25-88) § 6.05 Subd. 2. Requirement and Application for Permit. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter', driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or any other private improvement in any public road or other public property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements , the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be required for any such improvement ordered installed by the Council. Such application shall also contain information showing the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any public road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this Chapter. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State and County Roads. Subd. 3. Issuance of Permit. Such permit shall be issued by the Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to refuse to issue a permit when, in the judgement of the Public Works Director, the requested construction would impose an unreasonable hazard to the public. Such decision may be appealed in writing by the applicant to the City Council. The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director. Subd. 4. Permit Fees. The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City's Fee Schedule which may be amended from time to time. ORONO CC 140-3 (7-25-88 ) Sry tY , City of ORONO 'r C TY RESOLUTION OF THE CITY COUNCIL �; QF NO. 2807 QRONO: A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (3) (B) , SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.22, SUBDIVISION 1 FILE #1515 WHEREAS, Jeffrey Johnson (hereinafter "the applicant") is the owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: The West half of Lot 2, all of Lot 3, and the North 45' of Lots 28 and 29, Block 7, Crystal Bay View, Lot 2, Block 3 , Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 6 ( 3) (B) and Section 10.03, Subdivision 9 (A) to permit the construction of a 200' long cat walk, an accessory structure, on a property consisting of multiple lots divided by an unimproved road, Cherry Avenue, that divides a lakeshore lot from the remaining interior lots requiring a variance that would seek credit for the principal residence on the interior lot for the accessory structure on the lakeshore lot, and hardcover and setback variances within the 0-75' setback area for the 200'x3' cat walk structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1515. 2. The property is located in the LR-1C Single Family Rural Residential Zoning District requiring 1/2 acre in area. The interior lots within the jointly owned properties consist of 22,183 square feet. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 _ ty� City of ORONO 4 RESOLUTION OF THE CITY COUNCIL NO. 2807 _ORONO A) The portion of Cherry Avenue that the proposed cat walk structure would cross is totally within the wetland/lakeshore and is not used for roadway purposes and is currently unimproved. B) The legal combination of the substandard lot will now be tied to an adjacent homestead parcel and will never be the subject of a land use independent of any homestead. C ) The proposed dock structure meets the LMCD criteria for authorized dock use area for a dock with one slip (1 slip per 50 lineal feet of shoreline) . D) The property consists of predominately wetlands and lakeshore. E) There is no adverse impact on adjoining property owners or the public generally as a similar dock and cat walk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances 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 variances 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 iff. 45s ,x . `� Cityof ORONO .'C TY. RESOLUTION OF THE CITY COUNCIL .� ,`F',7; Na 2807 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 200'x3' cat walk, portions of which are to be located within the unimproved right-of-way of Cherry Avenue and within riparian Lot 2, Block 3, Crystal Bay View, to serve the residence located at 1 3825 Cherry Avenue, subject to the following conditions: 1. Prior to filing the variance resolution by the City, applicant must apply for the legal combination of three parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037 , 08- 117-23 33 0058. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and unimproved Cherry Avenue , applicant must submit the following: A) Survey showing any encroachments of property and location of proposed structure within subject lot and right-of-way of Cherry Avenue. The accessory structure must meet the required 10' side setback from the west side lot line. B) Approval permits from Corp of Engineers, DNR and Orono Public Works Department. Applicant to provide fully executed Hold Harmless agreement with the building permit application. 3 . Posting of cat walk/dock structure with "No Trespassing/Private Property" signage. 4. Based on standards of LMCD and this variance approval, the dock shall be limited to 1 slip. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval , or this variance will expire on that date (May 29, 1991). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 City of ORONO - Vart5 = RESOLUTION OF THE CITY COUNCIL .ORON.O, 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 1990. ATT S • (‘Z-ege-•:t ,-- Do othy allin, City Cle Jame R. Grabe , or • • e t (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. L41a-0._Z:Z'17''LLIJ--- Notary Public THERE8A L. NAAB 9�0 9 8 NOTARY PUBLIC- MINNESOTA G HENNEPIN COUNTY commission expires 9-8-92 My Commission Expires Page 4 of 5 _ City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2807 ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 5 I day of , 199 C) ' before me a Notary Pub lic within and for s id county, personally appeared 3 vm k \C ,c1 known to me to he werson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. C NOTARY PUBLIC L• NAAB NOTARY PUBLIC m( J `•r MINNESOTq .��• < HENNEPIN CO• UNTY MY Commission expirzs 9.g_92 9 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) On this day of , 1990, before me a Notary Public within and for said County, personally appeared ki sot_ 7-7,0• S,h P 5 cr-Y 1 C.�, .-� known to me to be the person ( s )� desdtibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC THER[ OMIOTA SA L PIN COUNTY O My commission expires 9-8-92 o MY COMMISSION EXPIRES Page 5 of 5 35kArU A-( . PERMIT RECORD Permit No. Date Type of Permit 1166 4f 93 —5.g 14.5Q lo-l8- , 4530 • 8-azr, 02 9ao 5ai- 96 L-4(1