HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
APPLICATION NO. 1984
NOTICE OF COUNCIL ACTION
Date of Notice: 12/16/94
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TO: Mr. & Mrs. Steven Englund
3420 Minnehaha Avenue South
Mpls., MN 55406
COPIES:
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TYPE OF APPLICATION: Renewal Variance
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DATE OF MEETING: 12/12/94 VOTE: 4 FOR 0 AGAINST
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COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you prior to
the meeting. 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. A building permit application must
be submitted no later than December 12, 1995.
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.
Please note a building permit cannot be issued for new residential construction until the
resolutions have been fully executed and filed in the chain of title of the property.
ch
December 6, 1994
Steven Englund
3420 Minnehaha A venue South
Minneapolis, MN 55406
Dear Mr. Englund:
CITY of ORONO
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323-0066
The enclosed resolution will be presented for Council's formal action at their December 12,
1994 meeting. Please review the resolution and contact the City staff prior to the meeting if you
have any questions.
Sincerely,
._./ ,l /,,; ~ ' ~
I
Jeanne A. Mabusth
Building & Zoning Administrator
JAM/lsv
TELEPHONE -473-7357 • F..\X -473-0510
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: December 6, 1994
ITEM NO.:
Agenda Section:
Zoning
Item Description: #1984 Steven Englund, 3855 Cherry Avenue -Renewal Variance -
Continuation of Public Hearing -Resolution
Zoning District: LR-lC
Total Property = 16,251 s.f. or .37 acres
Pertinent Ordinance
Section 10.25, Subdivision 6 (B) -Lot area variance for undeveloped lot.
Required = 21,780 s.f. or .5 acre
Existing = 16,251 s.f. or .37 acre
Brief Review of Application
The applicant has filed a renewal variance application for a lot area variance. The
applicant received approval of the original lot area variance on November 8, 1993. The
variance application expired in 1994. It is staff's understanding that Mr. Englund is. proceeding
with building plans for the 1995 season. Applicant proposes no changes from the original
variance application. All findings and conditions of the original application are still applicable.
There have been no code amendments that would alter any of the original findings of the 1993
review.
The three member Planning Commission voted unanimous approval of the renewal
variance application for lot area.
COUNCIL ACTION REQUESTED:
To close the public hearing for the review of Application #1984 and to either adopt or
amend the enclosed approval resolution.
lsv
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1984
WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in
the property located at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and
legally described as follows:
Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence
on the undeveloped property containing 16,251 s.f. or 0.37 acre in area where the existing
zoning district would require 21,780 s.f. or 0.5 acre for minimum lot area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1984.
2. The property is located in the LR-lC, Single Family Lakeshore Residential
Zoning District, requiring 0.5 acre minimum area for a building site.
3. Municipal Code Section 10. 03, Subdivision 6 ( A-1) indicates that "a lot of record
... may be utilized for single family detached dwelling purposes without Council
approval if area ... is within 80% of the requirements of the zoning chapter".
At .37 acre, the property contains only 74% of the .5 acre requirement, and
therefore requires Council approval.
Page 1 of 4
4. The three member Orono Planning Commission reviewed this application on
November 21, 1994 and recommended approval of the variances as proposed,
based upon the following findings:
A. At just over 16,000 s.f. in area, the combined lots contain substantial area
for construction of single family residence without the requirement of any
variances to the zoning chapter.
B. Municipal sewer is available and assessed to the property.
C. Developed lot sizes in the neighborhood range from .14 acre to 1. 5 acres
of dry land, averaging about 0.55 acres. The combination of Lots 8 and
9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the
neighborhood.
D. There is no other land available for purchase in order to make the lot size
conforming.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the 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.
Page 2 of 4
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the
construction of a single family detached dwelling on the property containing 0.37 acre in area
where the zoning district standards require 0.50 acres in lot area for such use, subject to the
following conditions:
1. A sewer connection charge of $225. 00 plus the current Sewer Availability Charge
shall be paid at the time of building permit issuance.
2. No variances other than the lot area variance are approved via this resolution.
The standard lot line setbacks, hardcover limitation of 30 % , lot coverage
limitation of 15 % , and all other requirements of the applicable zoning chapters,
shall be adhered to. No further variances will be granted for development of this
property.
3. Property owner is advised that a complete grading and drainage plan must be
submitted in conjunction with the building permit application.
4. 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 (December 12, 1995).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Page 3 of 5
Adopted by the Orono City Council on this 12th day of December, 1994.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
December, 1994, by Edward J. Callahan, Jr. & 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
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 4 of 5
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #1984
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 11/29/94
----------------------------------------------------------------------------------------
TO: Mr. & Mrs. Steven Englund
3420 Minnehaha Ave. S.
Mpls., MN 55406
COPIES TO:
----------------------------------------------------------------------------------------
TYPE OF APPLICATION: Renewal Variance
----------------------------------------------------------------------------------------
DATE OF MEETING: 11/21/94 VOTE:
The Planning Commission was unable to meet the attendance requirements for a quorum vote
of the seven member Commission. Three members of the Planning Commission conducted a
review of your application and made recommendations to the Council but were unable to close
the public hearing. The public hearing will be continued to the Council meeting of December
12th at which time your application will receive final action. The three member Commission
recommended the following:
To approve the application as proposed subject to the findings and conditions set forth
in the original Resolution #3355 that granted approval of your variance application in 1993.
Applicant's next scheduled meeting is confirmed at the City Council meeting of December 12,
1994. Please note the meeting starts at 7:00 p.m.
ch
To:
From:
Date:
Chair Schroeder and Orono Planning Commission Members
Jeanne A. Mabusth, Building & Zoning Administrator
November 10, 1994
Subject: #1984 Steven Englund, 3855 Cherry Avenue -Renewal Variance -Public
Hearing
Application: Renewal variance for lot area originally granted in November of 1993. The
approval resolution expired November 8, 1994.
Zoning District: LR-lC
Pertinent Ordinances
1. Section 10.25, Subdivision 6 (B) -Requires 0.5 acre minimum lot area.
2. Section 10.03, Subdivision 6 (A-1) -Lot of record ... may be utilized for single family
detached dwelling purposes without Council approval if area . . . is within 80 % of the
requirement of the zoning chapter.
Lot area variance
Lot area required = 17,424 s.f. or .4 acres (80% of required area)
Existing = 16,251 s.f. or .37 acres or .74%
List of Exhibits
A -Application
B Property Owners' List
C-1 Certificate of Mailing
C-2 List of Property Owners
D -Lot Survey
E -Applicant's Addendum
F -Conceptual Sketch of Development
G Preliminary Hardcover Facts 250-500' Setback Area
H -Map of Lot Areas of Surrounding Developed Neighborhood
I -Minutes of the Planning Commission Meeting October 18, 1993
J -Council Minutes November 8, 1993
K -Resolution No. 3355 Approving Lot Area Variance
Review of Application
Applicant proposes no changes from the original variance application approved in 1993.
It is the intention of applicant to commence construction in the spring of 1995. Mr. Englund
is in the process of developing building plans for a spring start. There have been no code
amendments that would alter any of the pertinent findings of the original review.
Staff Recommendation
To recommend approval of the renewal of the lot area variance for the property located
at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolution No. 3355.
lsv
To:
From:
Date:
Chair Schroeder and Orono Planning Commission Members
Jeanne A. Mabusth, Building & Zoning Administrator
November 10, 1994
Subject: #1984 Steven Englund, 3855 Cherry Avenue -Renewal Variance -Public
Hearing
Application: Renewal variance for lot area originally granted in November of 1993. The
approval resolution expired November 8, 1994.
Zoning District: LR-lC
Pertinent Ordinances
1. Section 10 .25, Subdivision 6 (B) -Requires 0.5 acre minimum lot area.
2. Section 10.03, Subdivision 6 (A-1) -Lot of record ... may be utilized for single family
detached dwelling purposes without Council approval if area ... is within 80% of the
requirement of the zoning chapter.
Lot area variance
Lot area required = 17,424 s.f. or .4 acres (80% of required area)
Existing = 16,251 s.f. or .37 acres a\. , 1¥ /o
List of Exhibits
A -Application
B -Property Owners' List
C-1 Certificate of Mailing
C-2 List of Property Owners
D -Lot Survey
E -Applicant's Addendum
F -Conceptual Sketch of Development
G -Preliminary Hardcover Facts 250-500' Setback Area
H -Map of Lot Areas of Surrounding Developed Neighborhood
I -Minutes of the Planning Commission Meeting October 18, 1993
J -Council Minutes November 8, 1993
K -Resolution No. 3355 Approving Lot Area Variance
Review of Application
Applicant proposes no changes from the original variance application approved in 1993.
It is the intention of applicant to commence com:truction in the spring of 1995. Mr. Englund
is in the process of developing building plans for a spring start. There have been no code
amendments that would alter any of the pertinent findings of the original review.
Staff Recommendation
To recommend approval of the renewal of the lot area variance for the property located
at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolution No . 3355.
lsv
CITY OF ORONO -VARIANCE ' ,.l>L ~TIOf · :·,,.\
-~ \: -1 ":1 ;,. ,
Initial Application Fee $200.0 ;J i:J}
($50.00 per each additional variance) ·'
Renewal Variance Fee $100.00
(no change from original application)
Variance for non-conforming structures $200. 00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address 3 S ~ S-&~ 12J2 y 4-v,<£. .
Property Identification Number (P.I.D.) os 111 -2-3 1'3 "'~~~~
fiI!l.41NHE DPBtliIE
i ~·L:/s ·J:··:F1:·!l'h·i J.J
.l 1-''-'\/a!..\.''-·--·\.'\.'\/ rt
i) 1 GEN 100. r:o
Attach legal description to application if not included on required survey.
(month/year) Date P~ Acquired //P/'2-1 '-199'/
I (do) ~ also own the adjacent parcels of land.
Present use of property: __ residential _y_ other (specify) __ C_,,,,_P_1__,,y'--------
Zoning District: L /2 r I C --------------------------
APPLICANT
Name '!; nv/£ ;J JYf. Gr.:. t. ,11vC>
Address: Jy2.o /l}hJIJlfl,(4~4 A--""=-. .5, City:
OWNER (if different than applicant)
Name ---------------
Phone (home) 729 ~ 01 D 3
Phone(work) 7Z-o -97'13
/YIPL~. Zip: 5'!;'-/Db
Phone(home) --------Phone (work) ---------
Address: City: Zip: ---------------------------
DESCRIPTION OF REQUEST · EstimatedConstructionCost$
Describerequestindetail: '4a1q,.;c.,L ron.. La, ,fl2-n-d ----------
(attach additional sheets if necessary)
VARIANCES REQUIRED
_)(_ Lot Area Lot Width Hardcover __ Lot Coverage
Setback: Front Side Rear Average Lakeshore
__ Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: ________________ _
(attach additional sheets if necessary)
7
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' (you must obtain this list from
Hennepin County Department of Finance, A-603, Govt Center , 348-3271).
3. _ Plat Map ( obtained with property owners list).
4. _ Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½ 11 x 11 11 for
reproduction .
5. _ Topographic survey ( existing and proposed elevations) if any changes in ex isting grade
are proposed. In addition, provide one (1) copy 8½ 11 x 11" for reproduction.
6. _ Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 11
).
7. _ List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
8. _ As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application.
9. 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 an rrect to the best of · s/her knowledge .
Applicant 's Signature ~:.£..J~~=----/Jl,----=:::__~s::......::;q.....=::.:..::::...£..__ Date . / t) -2 '6--9 <-(
I
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.
8
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CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1984, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 3rd day of November, 1994.
Jamie~
;'
,\~/RUN DATE 10/11/90
::;;)\·(: ...
\t: BATCH 009.
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; (' PROP ADDR
:li/·owNER NAME,
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.,'';{; .. TAXPAYER .. ·< ft,\/· NAME/ ADDR :;{(~\:-'.:,1,-.
38 08-117-23 33 0003
03838· CHERRY AVE
ARTHUR C BRAMBILLA TRUSTEE
AC BRAMBILLA
3838 CHERRY AVE
MOUND MN 55364
38 08-117-23 33 0008
03860 CHERRY AVE
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AVES #324
BLOOMINGTON MN 55420
38 08-117-23 33 0039
03833 CHERRY AVE
STATE LAND DEPT
CITY OF.ORONO
PARK
4/13/79 ST DEED 156753.
38 08-117-23 33 OOfi,2
00038 ADDRESS UNASSIGNED
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AVES 1324
BLOOMINGTON MN 55420
38 08-117-23 33 0045
03883 CHERRY AVE
PAULE & MARY J TAYLOR
', PAUL TAYLOR
3883 CHERRY AVE
MOUND MN 55364
38 08-117-23 33 0050
0_0038 ADDRESS UNASSIGNED
D M ENGLUND ETAL
COL & MRS D M ENGLUND
5J01 SPRING ROCK COURT
FAIRFAX VA 22032
t.:•,
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 08-117-23 33 0006
00038 ADDRESS UNASSIGNED
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AVES 1324
BLOOMINGTON MN 55420
38 08-117-23 33 0009
00038 ADDRESS UNASSIGNED
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AVES 1324
BLOOMINGTON MN 55420.
38 08-117-23 33 0040
03843 CHERRY AVE
Cl· ANDERSON ETAL W/LIFE EST
CARLL ANDERSON
3843 CHERRY AVE
MOUND MN , 55364
38 08-117-23 33 0043
03860 CHERRY AVE
D M ENGLUND ETAL
COL & MRS D M ENGLUND
5101 SPRING ROCK CT
FAIRFAX VA 22032
38 08-117-23 33 0048
03898 NORTH SHORE DR
ROGER GRANNING & WIFE
ROGER GRANNING
3898 NORTH SHORE DR
MOUND MN 55364.
38 08-117-23 33 0053
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
PARK
4/13/79 ST DEED 156754
· REPORT NO, PI435401
PAGE 19
38 08-117-23 33 0007
00038 ADDRESS UNASSIGNED
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AVES ·1324
BLOOMINGTON MN 55420'
38 08-117-23 33 0038
03833 CHERRY AVE
STATE LAND DEPT
CITY OF ORONO
PARK
· 4/13/79 ST DEED 156 753
38 08-117-23 33 0041
00038 .ADDRESS UNASSIGNED
KATHRYN M ENGLUND ETAL
KM NEVERS
9700 PORTLAND AYES 1324
BLOOMINGOTN MN 55420'
38 08-117-23 33 0044
00038 'ADDRESS UNASSIGNED
D M ENGLUND ETAL
COL & MRS D M ENGLUND
5101 SPRING ROCK CT
FAIRFAX VA 22032
38 08-117-23 33 0049
00038 ADDRESS UNASSIGNED
D M ENGLUND ETAL .
COL & MRS D M ENGLUND
5101 SPRING· ROCK CT
FAIRFAX VA 22032
38 08-117-23 33 0054
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
PARK
4/13/79 ST DEED 156754
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· >\:.'rPROP' ADhR. 00038 ADDRESS UNASSIGNED
)iffbwNER NAM!: STATE LAND DEPT.·
.,J•:~'; TAXPAYER . · . CITY OF ORONO
·:j'5t\( NAME/ADDR PARK
\'.!f-t~:}I).!_\:: · 4/13/79 ST DEED 156754
-::,;;~:/:iff{( ·_. i 38 08-117-23 33 0087
· 'Ri'.f:\~~:R A~~~E .. • ~i~~3
E · & c~!:? J A~iYLOR ·
,'."'':t:rAXPAYER PAUL TAYLOR
-i),:,'fNAME/ADDR 3883 CHERRY AVE
, .... MOUND MN . 55364
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY Ol'INERS LIST
38 08-117-23 33 0080
. 03860 NORTH_ SHORE DR
DANIEL JOHLAND
DANIEL J OHLAND
3860 NORTH SHORE DR
MOUND MN 55364
TOTAL BATCH
'f
009 00022
·REPORT NQ. PI435401
PAGE · 20
38 08-117-23 33 0084
03884 CHERRY AVE
KENNETH C & VERNA E HEEKS
KENNETH C & VERNA E HEEKS
3884 CHERRY AVE
MOUND MN . 55364
38 08-117-23 33 0088
ALLAN C & TERRIL LARSON
ALLAN C & TERRI. L LARSON
1665 HICKORY HILL DR
EAGAN MN· · 55122
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEP;z~~P~OPERJY TAXATION, TJ> THE BEST OF MY KNOWLEDGE AND BELIEF.
DAT/af e:z y ,c;.c/' , r I V I/ -;,$7
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OF LOTS 8 AND 9, BLOCK 7, CL /STAL BAY VIEW·
HENNEPIN COUNTY, MINNESOTA
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Alley o: denotes iron marker set
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All bearings are based upon an assumed datum.
LEGAL DESCRIPTION OF PREMISIS SURVEYED: --------·---
Lo t s 8 , a n d 9 , l3 1 o c k 7 , C l< Y S T A L l3 A Y V I E \~
This survey intends to show the boundaries of the above described property.
It does not purport to show any other improvements or encroachments.
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\\) x ~========~~~F I hereby certify thill this survey WilS prepured by me or under my direct supvr-.
vision, and that lam a duly registered Civil Engineer and Land Surveyor under
the bws of the Stale of Minnesota.
DATE 9-2/-93
~-L~-u;
Mark S. Gronberg Minnesota License Number 12755
SCAI.E /"=20'
JOI! NO. 93-208
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Exrs,ING HARDcovc:~ rn ZoNE
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TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
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:\Uc-n:.TTES OF TEE ORONO PLA.i'fNTNG COi.v.u'VIISSION ;\-IEETL\IG
HELD OCTOBER 18, 1993
(#8) #1883 STEVEN i\f. ENGLlTND
3855 CHERRY A VEi:-fUE -VARL\1'TCE -PUBLIC BEARING 9:13 P . .\,,f. -9:35 P.;\,L
The A.f:fidavic of Public2.cion and Certificate of :\failing were noted.
l'Yfr. and \{rs. Steve Englund were present.
Gaffron explained this was a lot area variance for determining tbe buildabilicy of a lot mac is
0.37 acre. The Zoning Code requires .5 acre. Although several relatives own neighboring
parcels, no additional land is available. The lot is 100' wide and meets that standard. Some
drainage improvemems have been made. A drainage culvert was installed in consultation with
the Public Works Deparonem on the neighboring A..nderson property. Tnere are mature trees
on the properry and it is not a designated wetland according to the maps. The property is in tbe
250-500' hardcover zone where 30% hardcover is allowed. Toe concepru2.i proposal would noc
be a problem on this lot. No other variances would be proposed. Toe property has been
assessed for sewer and a well would be required. A 14' alley to tbe rear would not be necessary
m vacate. 15 % lot coverage is allowed. Lot sizes vary in the neighborhood and this lot is not
inconsisrem wir.h tbe area.
Lindquist asked why Englund had no proposed house plan. Englund responded that he wanced
to be sure c.he loc was buildable before incurring the expense of designing a home.
Smith asked how much fill would be required because of the steep bank from the street to the
proposed home site.
Englund stated he hoped to move as few trees as possible. He would fill only what is necessary
from the road to tbe house and the driveway would be level with. the road. Some berming may
be necessar;. Englund noted that fill required would be approximately 5-6' in height.
A neighbor questioned what was being proposed and expressed concern over previous water
problems in this area. Englund confirmed there would be no grading on t.he back of the loc.
He noced an excessive amoum of water in the spring that had drained as a result of the culven
installation.
Gaffron explained there would be a significant amount of fill for me driveway and yard berming
but likely none under the house. If fill comes in pieceme.11 before the building permit is issued,
a conditional use permit would be required. If all fill is brought in at the time of house
construction, it can be brought in as pare of the building permiL
Smitb. asked if how the fill was brought in could affect the drainage. Gaffron responded tbat a
grading plan would be required before any fill was brought onto the property.
12
.:VID'1JTES OF THE ORONO PLA.l"lN'TNG COI'vITYITSSION i.\,ffiETlliG
HELD OCTOBER 18, 1993
(#8) #1883 STEVEN l'YL ENGLUND -CONT.
Lindquist expressed his concern over the drainage issue and cautioned the applicant as he .
proceeds with development of the properry.
It was moved by Peterson, seconded by Berg, to approve Application #1883 for Steven Ens?Jund,
3855 Cherry A venue, for a lot area variance for construction of a single family residenc; on a
0.37 acre parcel subject co conditions 1-5 as listed in the staff memo dated October 5, 1993.
Ayes 6, nays 0.
(#9) #1884 ORVILLE TISHER
475 OXFORD ROAD, A.FTER-THE-FACT VAR.IAJ.',1'CE -PUBLIC HEARING 9:45 P.7¥1
-10:12 P.::.1.
The /uficiavic of Publication and Certificate of Mailing were noted.
Orville Fisher was present.
Gaffron explained that a complaint had been received from a resident that there bad been some
tree curring in the 0-75' zone. Upon investigation, a Stop Work Order was issued as there had
been a number of trees, 6" in diameter or greater, removed in the 0-75' zone as well as
intensive vegetation clearing. Tree cutting in the 0-75' setback area is not allowed by Cicy
Code. In addition, Shoreland Regulations that were adopted about one year ago prohibit
intensive vegetation curring and clearing in the 0-75' zone. Violation tags have been issued and
are pending in the courts. The applicant has had previous grading violations in the 0-75' setback
area on previous property. Staff would recommend denial of the after-the-fact variance and look
at the proposed restoration plan to consider if it meets standards the Cicy should require.
Gaffron noted other activicy on the property as there is a sewer coooection and remodeling
occurring which is separate from the tree curring issue.
Fisher apologized to the public, Planning Commission and staff regarding the tree cutting and
stated ir was not done intemionally. He explained that a college srudent had done the work
while the Fishers were out of town and was given inscructions not to cut within the 0-75' zone.
Both the college srudenc and Fisher incorrectly measured from the shoreline. Fisher noted he
contacted a surveyor to verify the 75' setback line so they could determine the extent of the
damage, and he also contacted Jeanne Mabusth to begin steps for restoration and corrections.
He is noc asking for approval of an after-the-fact variance but to determine what will be
necessary to correct the problem. A landscaper has been hired to develop a plan for restoration
of whar had existed. Boxelder trees were removed but they would be replaced with trees (as
large as possible) that could survive in a low level, high water table area. A boxelder is
considered a weed. tree that can't be purchased commercially so more expensive trees will be
replaced. ·
13
CITY COUNCIL :\ IIN(JTES
CITY OF ORONO
NOVE.i'.YIBER S, 1993
Councilmember Kelley moved, Goetten seconded, to table #1860 Conditional Use Permit for Zelma
McKinney, 3599 Livingston Avenue to allow staff to work out a parking solution. Ayes 3, Nays o.
Motion carried.
*7. #1878 CHARLES Ai'ID SHIRLEY PYLE, 3548 IVY PLACE, V ARlAJ'{CE, RESOLlTTION' #3352.
Councilmember Goccten moved, Kelley seconded, for approval of #1878 Charles and Shirley Pyle, :3548
Ivy Place, Variance to allow 75' zone h3Idcover variance for addition to existing residence, and adoot
Resolution #3352. Ayes 3, Nays 0. Motion C3Ified. ·
*8.. #1879 ALLEN Ai"\'D K-1THLEEN BAKKE, 1127 LOl'r1A LlrU)A A VE011DE, VARIANCE,
RESOLUTION #3353.
Councilmember Goetten moved, Kelley seconded, for approval of #1879 Allen and Kachleen Bakke,
1127 LDma Linda Avenue, after-the-fact setback and h3Idcover variance for deck
constructed/refurbished in 1985, and to adopt Resolution #3353. Ayes 3, Nays 0. Motion carried.
*9. ,#1880 THOMAS Al"\'D JAi'ffi REGNIER, 1205 ELiYfWOOD A VEf'.;7UE, RE~~\V AL VARIANCE,
RESOLUTION #3354.
Councilmember Goetten moved, Ke!ley seconded, for approval of #1880 Tnomas and Jane Regnier,
1205 Elmwood Avenue, renewal of side street setback variance for construction of additions w the
existing residence, and to adopt Resolution #3354. Ayes 3, Nays 0. Mocion c3Ified.
10. #1882 JOHN i\1. O'SULLIV AN/O'SULLIV ANS, 2420 SHADTIVOOD ROAD, CO01fl'v1ERCIAL
SITE PLAN REVIE\V
Assistant Planning & Zoning Administrator Michael Gaffron gave the staff report and stated chat an
2.greement had been reached and staff would draft a resolution amending the commercial site plan
2.pproval for Council acrion at their next meeting.
*11. #1883, STEVEN M. ENGLUND, 3855 CHERRY A VENUE, VARIANCE, RESOLUTION #3355.
Councilmember Goetten moved, Kelley seconded, for approval of #1883, Steven M. Englund, 3855
Cherry A venue, for approval of a lot area variance for construction of a single family residence on a
0.37 acre parcel, and adopt .Resolution #3355. Ayes 3, Nays 0. Motion carried.
12. #1884, ORVILLE FISHER,.A75 OXFORD ROAD, V ARIA.t'{CE, RESOLUTION #3356.
Councilmember Goetten moved, Kelley seconded, for denial of #1884 Orville Fisher, 475 Oxford Road
for an after-the-fact variance and to adopt Resolution #3356 denying the variance. Ayes 3, Nays 0.
Motion carried.
4
6288601
CITY of ORONO
RESOLlJTION OF THE CITY COUNCIL
~ "~' ;:-~ --NO.',· ·
:"·lANSFER ENTERED
c!-NEP!N OOUl{fY T r:t? AYER SER"t'fCES A RESOLUTION GRA.L'\1"TING
A V A.RlA.1~CE TO
:\IT.TNICIPAL ZO011ING CODE
SECTION 10.25, SlTBDIVISION 6 (B)
FILE ,t1883
\'{HEREAS, Steven M. Englund (hereinafter "the applicant") has imerest in the
propercy located at 3855 Cherry Avenue widiin die City of Orono (hereinafter "Ciry") and
legally described as follows:
Lots 8 and 9, Block 7, Cryst:al Bay View, Hennepin County, :.V1innesota (hereinafter "the
property"); and
YVHEREAS, the applicant has applied co the City for a variance to Municipal Zoning
Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family reside:1ce
on the property containing 16,251 s.f. or 0.37 acre in area ,vhere the normal zoning discric[
requirement for lot area is 21,780 s.f. or 0.5 an acre for single family detached dwelling
purposes.
:\f innesota:
1.
'7
3.
NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono.
F0,1)L'lGS
This application was reviewed as Zoning File # 1883.
The properry is located in the LR-lC, Single Family Lakeshore Residemiai
Zoning District, requiring 0.5 acre in area for a building site.
Municipal Code Section 10.03. Subdivision 6 (A-1) indicates that "a lot of record
. .. may te utilized for single family detached dwelling purposes wiiliout Council
approval if area ... is wiiliin 80 % of Ehe requirements of the zoning chapter"•
At 0.37 acre, the property contains only 74% of the 0.5 acre requirement. and
therefore requires Council approval.
Page 1 of 5
CITY of ORONO
RESOLlITION 01[ 1'.}:IE CITY COlJi\rCIL
4. Tne Orono Planning Commission reviewed this application on October 18, 1993,
and recommended approval of the proposed varia;nce, based upon the following
findings:
A. Ac just over 16,000 s.f. in area, che combined lms contains ,11 bcrarn:ic,l
area for construction of single family residence without the requirement
for any other variances co the zoning chapter.
B. Municipal sewer is available and assessed to the property.
C. Developed lot sizes in the neighborhood range from 0.14 acre to 1.5 acres
of dry land, averaging about 0.55 acres. The combination of Locs 8 and
9 at 0.37 acre yields a lot size that is not inconsistent with ocher lots in the
neighborhood.
D. Their is no oilier land available for purchase in order to make the lot size
conforming.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, commems
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
6. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to ocher property in this zoning discrict; thac
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, bm is necessary to alleviate a
demonstrable hardship or difficulty; is necessary w preserve a subsr.amial property
right of the applicant; and would be in keeping wirn the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. :~ ~ :~·,
CONCLUSIONS, ORDER Ai'\ffi COL'\l)ITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to ::vfunicipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of a
simde familv detached d·welling on che property concairJng 0.37 acre in area '.Vt.ere rhe zoni.11 2:
dis(ricc standards require 0.50 acres in lot area for such use, subject to the following conditions~
l. Lms 8 and 9 shall be legally combined prior to issuance of the building permit.
2. A sewer connection charge of $225.00 plus the current sewer available charge
shall be paid at the time of building permit issuance. ·
.J. :'.\o variances other than the lot area variance are approved via this resolution.
The standard lot line setbacks, hardcover limitation of 30 % . lot coverage
limitation of 15 % . and all other requirements of the zoning chapter, shall be
adhered to. No further variances will be granted for developmem of this
properry.
4. Property owner is advised that a complete grading and drainage plan must be
submitted in conjunction with the building permit application. -
5. Authorities granted by this variance run with the property not with the applicant,
bm 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 wiil
expire on that date (November 8, 1994).
6. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constirute--a--violation of the zoning code, shall auromatically
terminat:e any amhoriry granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and hereby agrees t:o 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
CITY of ORONO
RESOLUTION OF THE CITY COTJNCIL
NO. _____ -----c---
Adopted by the Orono City Council on this 8th day of November, 1993.
thy M:., a in, City Clerk
L~.s:.,L~
Property Owner(s) 7
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 8th day of
November, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
5:::z..:22~ .
~ G'' ·.:. JAtvilE L 60SMA ~) :~~ NOTARY PUBLIC-MINNESOTA
t~ -~~y: HENNEP1N COUNTY ~~ • ,. -·· My Ccmm. Expires 12-19-97
I-'' •.•
Page 4 of 5
'-------
STATE OF :\'IINNESOTA )
CITY of ORONO
RESOLUTION ~F .'.fH:E C_ITY COUNCIL
NO. -:-.-~ -·;: .-,
) ss.
COlTNTY OF HENNEPIN )
On this ,;) [) -rh day of u~/ _ , 199 f before me a :'.'Jocary
Public within and for said councy, personal(v appearedx:JU.u.--2--z.< )}J _ ??t--d~ /',---~v~
--------=--------known to me co be the person(s) desc'.i::il,ed in and who executed
the foregoing instrument, and acknowledged that he (L.l-iey) executed the same as his (their) free
ace and deed.
JAMiE L 60SMA
HOiARY PUBUC-M;~;t,ESOTA
HE'lNE?\N CC'.J~ITY
My Ccmrtt E:r;;:rzs 12-1S-97
STATE OF MINNESOTA )
) ss_
COUNTY OF HENNEPIN)
N O~Y PUBLIC
· . ,, . _ I) _ . ;7 _ ~ j _ _
On trus 0 ,2 ,u~ aay or le/~ . l':19 _L_ berore me a :,_mar;
Public witbinand for said county, personalfy appeared )JL.;__, ev<VJ {2 cfr/4J, /??'~L
_______ · _____ known to me to be the person(s) descrmed in and who execmed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
e . . . .
JAMIE L BOSMA
NOTAAY Pl/BUG-MINNESOTA
HWIEPlN CDUN"TY
My Coom Expires 12-19-97
NO'B'Y PUBUC
Page 5 of 5
RESOLUTION
STATE OF MINNESOTA )
)
COUNTY OF HENUE?I~ )
)
CITY OF ORONO )
I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin
C o u n t y , i-l i n n e s o t a , d o h e r e b y c e r t i f Y t h a t I h 2 v e c o m p a r e d t h e
fore-going copy of a resolution of the Cit Y Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on November 8 , 19 93 , and that the same is a true
and correct copy of sai~ resolution was duly 2dopted by said City
Council at said ~eeting.
In Witness Whereof,
10th , day of
-(SE A-LJ -:---.. -
I have hereunto se·t my hand
November
and seal this
19 9 3
c:.ty Clerk
c,.,1
r..J
<-.,
--,
CITY bF ORONO
· i . NOTICE .. ·
• ,.· ~-.~.t.1 ."1•1 ' •. ; •
· The Planning Cb ltimiss\on ,.will hold ·
public . hearings in . the Council Chambers· at
2780 Kelley Parkwar. on Monday, N ovember .
21 ; ,1994 . Hearings w,11 commence at 7 :00 p.ril .
Hearings. will continue in the numerical order .
as set forth below : . ·· . · ·
1. #.1979 Richard Littl e , owrier of 1890
Shadywood Road, seeks app r oval of
hardcove r and lakeshore setback variances to ·
allow the replacement of an existing lakeside
deck . No expans ion of the existing deck is
proP9sed . . . · . .
f,l;i-2 . #1980 Johnson Investments Ltd.
Pa:ri nership , the current owner . of an
undeveloped property loca·ted at 460 Park
Av.enue ;: seeks .approval of an area and lot
wiatb.<, variance to allow new residential
con struction ,,.,,•.;:,.I I,;,~.:,' ._. .,, '
l. :1 3 . # 198 1 °Todd Courn eya seeks ''approval
. of ·streefa no bluff setback variances to permit
ne'IV residential construction on an
undeveloped property located at 4620
Tonkaview Lane. ,
., 4 . #1982 Daniel Perkins, the owner of
the property located at 55 Landmark Drive,
seeks approval of a conditional use permit and
variance to allow the excavation of peat and
the creation of open water areas within a
protected wetland of the City.
; , 5 . #1983 Tom and Maureen Palm, the
, :;;~ners of the property <'located at 1685
Concordia Street, .seek · approval of an
average ,. lakeshore setback, lake shore
setback · and hardcover var i ances for
construction of a second flobr addition over
the existing single siory residence .
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below :
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331 A.07, and other applicable
laws, as amended .
B.) The printed {!;;pi k11 6. #1984 StevtJn En glund, the owner of
the undeveloped proper~ lo'cated at 3866
Cherry Avenue , has apph"d to renew a lot
area vari ance orlgina!ly granted by the City on
November 8 , 1993 . . .. -----------------------
7. #1985 Bruce Bren Homes has filed a h · h · h
·cond itional use permit fo r the property located w IC rs attac ed was cut from the columns of said
at 1000 Cox Farm Road that Involves the filling newspape d . t d
of approx imately 450 cubic yards of fill to r, an was pnn e and published once
create a .building P.ad for a ·rear walkout·. each week for ---'---success ·1ve weeks·.
residence., The filling activities are not
authorized under a building permit that would
limit filling to 100 cubic yards . . ·
· Ali persons wishing lo be heard will
appear at this meeting . Written comments are
solicited. Plans are available in the City Offices
for review, by appointment .
City of Orono · .
By: Planning Commission
Jeanne A. Mabusth
Building &.Zon ing Administrator
(Published In The Laker and Pioneer Nov. 7,
1994) .
NOV
'--~
9 1994
• I , ,
. j
> I
It was first published Monday,
the J /J. day of 4 /k'/176/2 } 19 9..± ,
and was thereafter printed and published every
Monday, to and including Monday,
the ___ day of ____ ~ __ 19 __ ;
&t?L
Authorized Agent
Subscribed and sworn to me on this
By:
e ll
, 19 /1_,
.. ~ .... ~ ~~tar:y,Public
K RISTI HO LM !
NOTARY PUBLIC -MINNESOT A.
HENNEPIN COUNTY
. ~af~"llll ~~?ll'ffim,117-10-97 t
(1) Lowe~~fntnercia:J tJs
0
ers
for comparable space: $10 .96 per Inch .
(2) Maximum rate allowed by law for above matter: $10.96 .
(3) Rate actually charged for above matter: $6 .16 per inch.
Each addi tional successive week: $4.24.
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, November 21, 1994 . Hearings will commence at 7 :00 p.m. Hearings
will continue in the numerical order as set forth below :
1. #1979 Richard Little, owner of 1890 Sbadywood Road, seeks approval of hardcover and
lak:eshore setback variances to allow the replacement of an existing lakeside deck. No
expansion of the existing deck is proposed .
2 . #1980 Johnson Investments Ltd. Partnership, the current owner of an undeveloped
property located at 460 Park A venue , seeks approval of an area and lot width variance
to allow new residential construction.
3 . # 1981 Todd Courneya seeks approval of street and bluff setback variances to permit new
residential construction on an undeveloped property located at 4620 Tonkaview Lane.
4. #1982 Daniel Perkins , the owner of the property located at 55 Landmark Drive, seeks
approval of a conditional use permit and variance to allow the excavation of peat and the
creation of open water areas within a protected wetland of the City.
5. #1983 Tom and Maureen Palm, the owners of the property located at 1685 Concordia
Street , seek approval of an average lak:eshore setback, lak:eshore setback and hardcover
variances for construction of a second floor addition over the existing single story
residence.
6. #1984 Ste ven Englund , the owner of the undeveloped property located at 3855 Cherry
Avenue , has applied to renew a lot area variance originally granted by the City on
November 8, 1993.
7 . #1985 Bruce Bren Homes has filed a conditional use permit for the property located at
1000 Cox Farm Road that involves the filling of approximately 450 cubic yards of fill
to create a building pad for a "rear walkout" residence. The filling activities are not
authorized under a building permit that would limit filling to 100 cubic yards .
All persons wishing to be heard will appear at this meeting . Written comments are solicited.
Plans are available in the City Offices for review, by appoinonent.
City of Orono
By : Planning Commission
J~ A. Mabusth
Building & Zoning Administrator
To be published the week of November 7, 1994.
CITY of ORONO
Municipal Offices
Post Office Box (,6
Crystal Bay, Minnesota 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.
~(.//4J ~1£/-r-?J Gbt. v;Jo
First Middle Last
'35"2-0 # J /v,,Z//,?#';t:J 4u?z-So
Address
~,v/Jtz.,1/0L/ S:-PJ s-s--r vb 7 z.. 7 ~ 01' c) 3
City State Zip Phone
Signature
TELEPHONE -4nP357 • 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.
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