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Home My WebLink AboutProject PacketCITY OF ROII GENERAL LAND USE APPLI ---- --------- ---------- ----- ---- -------- E PROPERTY LOCATION -� FY Site Address 2695 Casco Pt Road Property Identification Number (P.I.D.) Please check one - Property abstract or torrene7 (for Conditional Use Applesions only) - N in Please attach legal description to application if not included. on required survey. on file at city hall _________ _____ ______ _______________________________________________44 APPLICANT Phone (home) 471 7fi17 ,W Name David E.F. Lee Phone (work) 473 5577 Address 2695 Casco Pt Road City Orono Zip 55391 -------------------- OWNER (if different than applicant) Phone (home) Name .0 An.p Phone Address City Zip Date Property Acquired Sept 1917 (month/year) -----I 7mD) (do not) also own the ad scent -parcels of land. -lC______________________________ ___________________-________— FREE - CONDITIONAL USE PANIITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - designated wetland or floodplair. (. Grading and filling - 101 cu. yd. or more x Grading, asewski, retaining walls within 75' of lakeshore PRD/PID - see fee schedule DINER APPLICATIONS $150.00 Cossarcial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdivision $250.00 Rezoning $1M00 Appeals Other - see fee schedule PRESNKT USE OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specify) ---------------------------------------------------------------------- DRSCRIPTION OF REQUEST Describe request in detail: [3a N/( S><a 6, /,zy 1, o.✓ -------------------------------------------------------------------'_-__--- N QUIRED SUBMITTALS 1. Completed Application Form. 2.,,Certified Pro erty__Qwner.g List of owners within 3501(you can obtain this 1 st from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (i10) pre -addressed to each of th! names on the above list with no return address. 4. Certificate of survey. 5. Topographic aurvey (existing and proposed contours) it land alterations involve changes in elevatio•. (gred^s). 6. Construction plan, if applicable (see staff for requirements). .a. Plat N-p. 6. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ---------------------------------------------------------..-----"----------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above infor ation has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. coring Officials S:.gnature _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information requ�-ed or requested by the Zoning Administrator, agrees to pay all feet and/or unusral expenses incurred in review of this application, and certifies that the information supplied is true and correc', to the beet of his/her knowledge. Applicant's signature Date S if �iy GMNQB SIGNATURR The owner hereby acknowledges and agrees to this application and further authorised reasonable entry onto '.he property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification r,f this request. Owner's signature Date r% ifj 9! ----------------------------------- --------------------------------------- Applicant must have all submittals into the City officer 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each mono.. Applicants must be present at all scheduled review meetings of the Planniug Commission and Council. if an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and advise the Building i Zoning Office of this change prior *o the meeting. #.23 9 DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "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 inform- ation. You are notified that: 1. The information you furnish will to 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 reqires council action to approve, some information may become public. 5. You have tertian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are regrired to process this application or permit. fi w Z C I rst M13d a Last 26 r CNJ<O Pl RUA4 Address o r,✓ SS34/ Date of birtFoes not apply to building/gereral permits) •/73 7-7 Phone I undurstand r'ght• s stated above. x —Signature RUN DATE 06/26/68 • BATOR 003 36 20-117-23 M 0016 . PROP MOR 02145 ETHEL AVE CANER NAME KIM 0 RASTER TAXPAYER KIM 0 KASTER NAME/ADDR 1675 FOX ST • WAYZATA NN 95391 • 36 20-117-23 E4 0019 PROP AOOk 02750 CASCO POINT RO U10ER NAME VALE A CHRISTENSEN A WIFE TAKPAYZR DALE A CHRISTENSEN • NA1E/MOP 2750 CASCO POI MT RD NATZATA 151 ID5391 • 38 E0-117-23 M 002E PROP ADOR 02700 CASCO POINT RD OVER NAME K A T ROLE • TAXPAYER KEVIN E ROLF NAME/ADM 2700 CASCO PT RD WAYZATA M 55191 • 36 EG-112-23 24 0045 PROP MO 02697 ETHEL AVE • OWNER NNE C GORDON AMRDSON ET AL TAXPAYER C GOROON AMU DSON NA11E/ADDR 2697 ETHEL AVE WAYZATA NN 55391 • • • HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 20-I17-23 24 0017 02755 ETHEL AVE GOLDA MARIA SCHNEIVaR SON COR INVESTMENTS 3435 THERESE ST WAYZATA RN 5539L REPORT M. PI43W01 PAGE T 36 20-II7-23 24 0010 02745 ETHEL AVE SUSANNE K DRAPER DOUGLAS C E NEVA L WILLIAMS 2765 ETHEL AVE WANZATA NN SS391 36 CO-IlT-23 24 0020 36 20-117-23 24 0021 0050 CASCO POINT RU 02710 CASCO POINT RD DALE A MRIETEHSEH A WIFE HOARD T MARTIN DALE A CNRSTFNSEN HOWARD T MARTIN 2750 CACCO POINT RD RT I BOX 1010 WAYZATA MH 55391 EAU GALLE WE 54737 36 20-117-23 24 0029 02649 CASCO POINT RD , S J SCRERVEN JON SCHERVEN 2649 CASCO POINT RD Box 120 NAVARRE NI SS392 IS 20-117-23 24 00" 02691 ETHEL AVE DOROTHY L KEARNS DOROTHY L KEARNS 2691 ETHEL LVE WAYZATA NN 55391 36 20-II7-23 24 0039 02648 CASCO POINT RD J W A 5 J ESSEN JEFi REY A BAROMA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 TOTAL BATCH 003 00029 I CERTIFY THAT THE FACTS REPRESENTED ME AN ICCUPATE AND TRUE R MISENTATION OF INFORMATION AS IT APPEARS TNIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY 1TAXAT TO THE BEST OF MY KNOWLEDGE AND BELIEF. GATEpl `-- • E E RUN DATE 06/26/66 • BATC1 003 36 20-I1T-23 23 000' • MR MNI .3038 ADDRESS UTASSIGNLO OVER NAME BEVERLY SMERLING TAXPAYER BEVERLY SMERLING NAME/MDR 255E R LAKE OF ISLES PKWI • MPLB IN 55405 • 38 20-117-23 23 0004 PROP AOOR 02697 CASCO POINT RD OWNER NAME A A C 9ANE TAXPAYER A LAME, CE KANE • NANE/AOOR 2697 CASCO POINT RD WAYZATA NN 55391 • SO 20-217-23 23 0007 PROP MR 02T55 CASCO POINT RD OINIR NAME CLARENCE N PETERSON ET AL • TAXPAYER CLARENCE N PETERSON NAME/MDR 2950 JDPPA AVE MPLS NN 55426 IS t0-l1T-23 23 0020 MOP MDR 02677 CASCO MINT RD • OWNER NAME ALEXANDER HOLZER ETAL TAXPAYER A HOLLER NAME/ADDR 2677 CASCO PT RD WAYZATA HN SS391 SO to-111-23 24 0001 • PROP MOR 02664 CASCO MINT RD OVER HAVE THEODORE C DANTIS TAXPAYER DAVID RUAILE NAME/MR 260 CASCO PRINT RD • WAYZATA NN SS391 • U 20-II7-23 24 0004 PROP MOI 02666 CASCO MINT 90 OVER NAME THECOORE C OANTI9 TAXPAYER DAVID RUMBLE • NAME/ADDR 2664 CASCO POINT RD WAYZATA RN SS391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 35 20 II7-23 23 0002 02691 CA-'0 PRINT R0 ROBERT K HUNT ETAL ROBERT PLNT 2691 CASCO PT RD WAYZATA NN $5391 REPORT N3. PI435401 PAGE 6 36 20-IL7-23 23 0003 02695 CASCO POINT RD OAP LEE 0 E F A P R LEE 269E CASCO PRINT RD WAYZATA NN 55391 36 20-11'-23 23 0005 36 20-117-23 23 0006 02715 C.SCO MINT RD 02745 CASCO PoINT R0 T A 0 ERWIJ S R PETERSON A K A PETERSON TERRY A A DOROTHY L IRWIN STEVEN R PETERSON 2715 CASCO POINT RD 2745 CASCO PoINT RD WAYZATA HN 55391 WAYZATA RN 55391 36 20-117-23 23 0016 36 20-117-23 23 0019 02773 CASCO MINT RD 02765 CASCO POINT RD ELAINE E OLSON R A J PUTNAM ELAINE ELLEN ERIMSON RICHARD A PUTNAM 2773 CASCO PT RD 2765 CASCO POINT RD NAIZATA NN 55391 WAYZATA HN 55391 M 20-117-23 23 0021 36 20-117-23 23 0022 02665 CASCO POINT RD 02659 CASCO MINT RD BENNETT C RONEY A RIFE 5 5 STANDA A I 5 STANDA BENNETT C DONEY S S 51AMA A 15 STANDA 2665 CASCO MINT RD 2659 CASCO MINT RD WAYZATA HN 55391 NATZATA M 55391 SO 20-117-23 24 0002 36 20-117-23 24 0003 02660 CASCO POINT RD 026" CASCO MINT RO V A 6 B6LLER THE00PRE C DANTIS VERNONI J BULLER DAVTD RUNK LE 2660 CASCO MINT RD 266V CASCO PT RD W WAYZATA M 55391 WAYZATA IN 55191 SO 20-117-23 24 0014 35 20-117-23 24 0015 02705 ETHEL AVE 02725 ETNEL AVE LAWREN:E 0 PILLAR JAMES A WILLIAMS LAWRENCE D PILLAR JAMES A WILLIAMS 6627 CARDINAL COVE DR 2725 ITHEL AVE MOUND NN 55%4 NARIATA MN S5391 CER+IFtC*ATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ) ea. I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice Public Hearing concerning the matter of i1339, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 26th day of September, 1988. 'YYfifl MlE— J e Scams CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Rond on Monday, October 3, 1989, on the matter of reviewing the following land use applications: 1. 41335 Woodhill Co^rtry Club, 200 Woodhill Road, seeks approval of a conditional use pt.mlt and accessory structure floor a.aa variance to construct an 11,000 s.f, maintenance building on the Country Club property. 2. 41336 Louis B. Oberhauser, 3877 Shoreline Drive, seeks a variance to allow continuation of a second rental dwelling unit on this property which is zoned for single family residential use. 3. 41337 Robert Paige, 3493 Crystal Place, seeks variances to front and side street setbacks to construct a detached garage. 4. 41338 Duane 6 Connie Schibilla, 3235 Crystal Bay Road, seek a hardcover variance in the 75-250' setback area and an accessory structure floor area variance for construction of a detached two car garage. 5. 41339 David Lee, 2695 Casco Point Road, seeks approval of after -the - fact variances and a conditional use permit for construction of retaining walls and grading work within the 0-75' lakeshore setback area. 6. 41340 Washington Scientific Industries, 2605 Wayzata Boulevard, seeks a commercial/industrial use conditional use permit for approval of soil excavation and replacement fill on the property. 7. 41341 Daniel R. Vaughan 6 Todd Ziesmer, 3440 Bayside Road, se:k a lot width variance to construct a new residence. B. 41342 David a Valerie Peterson, 1125 North Arm Drive, request a side setback variance to construct a detached garage. 9. 41344 Roger Roder, 1099 Willow Drive South, seeks an accessory structure floor area variance for construction of a detached garage. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Plenni:,q c.'mmieeio n�� M chael P. Gaffron, t Planning a Zoning Administrator To be cublished the week of September 18, 1988. GTv oP oli(i NOTIM TM PldmYq Gm+lrldn 121E adze yypnM Wr'A pyrM 3. iMm Rom' iN tyy«yW ind uM p1ei0p1''' coinnr ae, M iw`ea r.nsa6 Wdd>'a W•ardlN.aIY P"' nroe.rra �^"+ "Wert A MM new o" prop"tit lwlr: ro. TTe Otr l .wn.l a«.wa M+I ar el,ent Nliih N lard Ia rPiGN N uw PNa, a. rtslr t Hall .w m«I rI- nou ro odl.oY]I r apea""' sk� yid r. r193e Dunn r Car++r yy�ylWhard. inaPRrIr,narvxe fhlgCAo-2110 INw~�rrrr+ala'a ydrycllon 0 yd ernr. as rrrTdmrr.n+. .Iq «roIn v.na•�r rer. K6 M1 Mwwi. • rNr Mi vaI- _ aypW. .+n IMI admIIwIN� pKba.l W�.n wW.4M m.ua Tlr dnwlllo M new w a omr oraorr. In rrru.a'N^t P*�y yPanwkYm . • • � -'N.ahi PafNYIYNr[dII. k; ink, � IgyNNO Nmy E� aka PNINY erPl IP Affidavit of Publication State of Minnesota. County of Hennepin Bill Holm. Ming duly sworn. on Win says that he Is an authorized agent and employee of the pubnsher of the newspaper known as 1'HE LAKER. Mound Min- nesota. and has full knowledge of the facts which are stated below A I The newspaper has comphed with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended B 1 The printed 4 „JV,5 which is attached was cut from in# columns of said newspaper. and was printed end published once each week for successive weeks 11 was first published Monday Ff the fq day of LA - 19 and was themallet printed and published every Monday to and including Monday the day of r9 -,m Authorized Agent Ji A. STRAW! NOT..iY �e� Subscribed and sworn It me on this / da, of ��}} a l/ 19 Fr By �\Uzl.4tie_ k, N�✓1. Notary Public Rate information .,,aa,rd av wa ur �o.�o•wa.n. w• como.n `Mir. alc.eW«eJ ur o•epu.e f.5+ur mcn 1 nui merman cw. . •oemo.e mane�5+ S: w • Ena • nnmo"•usucceu.+e «eo 33 o3 a• n✓ ' 05 C�a6do fo,; Raa<y Certificate of ;:urvoy foCharles for Charlrlees F. I1wYart In Government Lot 4, Section 20-117-23 1 00 vWe vvp X•" 'MISITEN AU 1EM Y' eRl RI 'A \ O Oy � �4, 'e I berstr cartify Vat this is a true and correct nprosentation of a survey of thee!° boundaries of that part of Governsent Lot 40 Jrettoo 20, Sounahip 117 North, Range 23 West of the 5th Principal Msridien, deaeribed as feltower Beginning on the shore of Lb Minnetonka at the point or Intersection of said shore with a lino drawn O parallel with and 90 feet Southwesterly, seiasiwd at right angles, fr-m the Southwesterly Liza of Lot 134, Sprang Parki !!once Southeasterly parallel with said Southwesterly lane of Lot 134 and its Southeast- orlf extaasion to the Southwastorly line of Casco Point ,ioad (formerly Orono Avenue){ thence Southerly along said I Socthwestorly lane of Casco Point Food to Its point of intersection with a Line drawn parallel with and 150 feet South-(� tweterly, uasursd at right angles, from the Southwesterlo Lim of said Lot 134 and its Southwaterly extensions eneevv MorthwesterLy parallel with sold Southwesterly lane of Lot 134 and Its Southeasterly extension to sold stare• once In brthosaterly along said shore to the point of beginning, and the Lnratlen of all buildings, if any, therso , and all visible snaresehmsots from or on said 1". seslat la z 40' fff—P Date 1 6-23-80 Gordon It. Coffin Reg. 1G—. = N o 1 Iron narker [and Surveyor and Planner _Vey atto•t VWD-1929 Ionc Lake, Mlmosota tYGI�P POW- w. Ott M el , 0 James ' robin IeaQeoepe ■rehlteot 8wwrrk4 8 0 eacellesor mlaauoti elir4 3 046 ONC- IF - �✓ 12 `° �owriro u gN,u+ �TYP�X� r r � r� r r —+ CILI1-olu landscape architect 2 8 4 2 0 park street M@ �` 'ID excelsior, ,'Y— 4r'n e e s°°s°ti 2liTg !+'�bLo PDlni'ff�tA Z � 4 1( Av&A56 G James robin landscape ach2r8 4f t8 0 perk street excelsior, 8 8 8a 9 tl 0 121474 3946 f t t + + t f + t 4 + t ♦ F + + t + ♦ + + ♦ + + r + t r tFAtj- A.µ IN6 NrotoRau� 7� r t ,t + t { t + + + A 0 r r 5af.��te.�t y Mf . P" ID L AL I I O��1i^� Po�.R fo- or34 9sP6F�MIJuNIP 3�ON L ��rm.w ao�t James rh�ffo+,l 2 f�O GfwY�ti� robin landscape architect 9 8 4 8 0 parx street M1t' L fE> � excelsior, s e �e �t� ? Gf�X-o (olrt( Fib e u1494 3646 �/�OAic rltil. HrNo(-Fr✓ gr HA& 2!!!� uP 3 Rame�e I — `Y , -7 W. 5 war` e+�•r James robin a d a �TirsC:yF��.pt^ktil — IZ��.j..�e.L.�c��'S u6:ryp/ /dam r� r S r 6 f-bi�l(O�b r� //// '�tFN✓rWuBo'fs laaQaaaya arehtt"t a 9 4 8 0 ez eI.M.Otq Yf- O'L,pD B 1 Q(eg5 8 � e ul.+4 3940 Gfet V, riN, 553n I CITY OF ORONO CAL lE01N DATE TIME INSPECTION NOTICE SCHEDULED PERMIT NO. _ COMPLETEDa IS fi"ff 1U_�O ADDRESS -_ JG�� OWNER CONTR. TELEPHONE NO. ❑ FOOTING O FRAMING ❑ INSUV'ION O WALL BU FINAL U PROGRESS ❑ DEMOL ❑ FIRE PREV COMMEN O PLUMBING RI O PLUMBING FINAL ❑ MECHANICAL ❑ WATER HOOKUP ❑ METER SET/TURN ON 'T SEWER HOOKUP ❑ SEPTIC INSTALL ❑ SEPTIC MAINT ❑ WELL TEST PUMP .,W FE INSPECTICN O EKCAV/GRADING/FILLING O LAKESHORE/WETLANDS ❑ LICENSING ❑ COMPLAINT O FOLLOW-UP O SEPTIC FINAL O FIREPLACEMOOO BURNER O S7z9!� wo[L-k- n(!z RIZ- W kJ WORK SATISF•.CTORY PROCEED O O PHOTO TAKEN O ❑ CORRECT WORK PROCEED U ❑ CORRECT WORK CALI FOR REINSPECTION BEFORE COVERING ORRECT UNSAFE COND'71ON WITHIN HOURS INSPECTOR WILL RETURN TOP ORDER POSICt1 FALL INSPECTOR INSPECTION REOUIREU CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr.^rl site Inspector 473-7357 White /Infpecl w't FII• Can" /Site Notice CITY OF ORONO INSPECTION NOTICE PERMIT NO. DATE TIME CALLEDIN SCHEDULED 'I� ' Z L4 0 COMPLETED S $& �7 . CLm_ ADDRESS VG 5- C ASCA Yp ,4z R&A4 OWNER t -CONTR. _ TELEPHONE NO. ❑ FOOTING O PLUMBING Al O FRAMING D PLUMBING FINAL ❑ INSULATION O MECHANICAL D WALL BD. D WATER HOOKUP O FINAL D METER SET/TURN ON O PROGRESS ❑ SEWER HOOKUP O DEMOL. O SEPTIC INSTALL. O FIRE PREV. O SEPTIC MAINT. ❑ WELL TEST PUMP COMMENTS: .GSITE INSPECTION ❑ EKCAVIORADING/FILLING C LAKES/IORE/WETLANDS D LICENSING O COMPLAINT ,0'FOLLOW-UP O SEPTIC FINAL O FIREPLACE/WOOD BURNER O — S-cof oaoaR WA-, 0y-VV Gwen - met) -.TIP wzoeR Pos-mo - A ❑ WORK SATISFACTORY. PROCEED O PHOTC TAKEF ❑ CORRECT WORK E PROCEED O CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING y7 CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN. ,11C STOP ORDER POSTED CALL INSPECTOR ❑ INSPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site _ inspector TBIMe /In tw'T File 473-7357 CenwT Mite Nonce CITY OF ORONO ARREST REPORT DATE: August 26, 1988 DEPENDANT: David Edward Lee NATURE OF OFFENSE: Violated Stop Work Order )RDINANCE NO.= Uniform Building Code Section 202 (D) ARRESTING OFFICER: Jeanne Mabusth, Building a Zoning Administrator DATE OF OFFENSE: August 19, 1988 Citation issued to defendant because he violated the Zoning Administrator'• directive `hat would allow specific work under a Stop Work Ordez originally issued OL August 15, 1988 for construction of a retaining wall within the lakeshore yard of his residence. The construction of a retaining wall requires approval of both a conditional use permit and a variance within the City of Orono. The Zoning Administrator allowed the defendant to remove sand stored at the Lakeshore to place adjacent to ties within the framework of the retaining wall in order to protect the existing construction. Defendant's work crews continued with the construction of the wall. On Augus': 19, 1988 the property was reported with a Stop Work Order, and persons at property were advised that a citation would be issued. I fames robin landscape architect A M { 2 0 Wit street excelsior, 5 0 Se 5t1 Mr. David Lee 2695 Casco Point Road Orono, Minnesota 55391 Dear Mr. Lee: li Aup SH At. your request, I visited your home site on Casco Point Road and viewed the timber retaining walls which you have installed along the like shore edge of your property. The accompanying sketch plans and sections illustratr this work as I enrountered it and also show my recommedations. My understanding, based on our conversation, is that the .nadit tin of the lake shorn embankment prior to construction was poor because of persistent erosion and the failarr of the original stone wall at the base of the slope. Apparently, the stone wall was constructed of Minnesota limestone, similar to the adjacent wall to the south. I suggest that you provide photographic documentation as to this condition. At. the point when you began construction, two permits were required for the proposed work. The criteria for issuance of each are given hosed on my conversation with the City staff. the first, a permit for construction within the 7V setback from lake Minnetonka, is granted by the Orono City Council following review by the Planning Commision. My understanding is that this process would focus on the need for the work relative to erosion control and bank stabilization, visual impact on the lake and neighbors, the engineering merits of the proposal, hard cover ordinances, restoration of vegetation and compliance with building codes. The second permit for this work, a building permit, requires the Iakeshore permit as well as compliance with building codes and ordinances. My recommendations which follow, are based on the criteria for the permits as listed above and assume that the walls as built constitutes the basis of your proposal. Mr. Lee Page Two 31 Aug 88 LAKESHORE CONSTRBCIION PERMIT. 1. The proposal certainly halts continued erosion and therefore has stabilized the bank for the forseeable future. The existing yard drain should handle yard surface runoff and prevent excess water from running over the walls. 2. The walls are visually unacceptable in their current state with no planting and are not compatible with the banks on adjacent properties. RECOMMENDATION: A planting program as a means to cover the walls; I also recommend the raising of the bed levels aL the base of the walls to visually decrease the size of the walls as viewed from the lake. 3. I as not willing to certify the stability of the wall proposal but offer the following observations: a. The design of the walla appear to be stable with sufficient deadmen or earth anchors to capture the adjacent mass of earth. b. There appears to be sufficient plan irregularities to offer some stability. The stair also acts as a buttress which will increase the stability. c. I feel there is inadequate protection of the base of the lower wall from high level wave and water action. RECOMMENDATION: The installation of a soil separator blanket and stone rip -rap at the base of the lower wall as shown on the accompanying drawings. d. The backfill is reprted to be masonry debris covered by clay fill. This should allow drainage from the earth was behind the wall. RECOMENDATION: Drain holes should be installed 18" on center near the base of each wall. a. The backfill should be compacted. RECOMMENDATION: Remove, reinstall and compact clay backfill to 12" from top of the walls. f. The base of the walls is 12" or less into the grade which increases the opportunity for frost action and eventual heaving of the walls. RECOMMENDATION: Raise the grade at the base of the walls. 4. The stair is twice the allowable width of 48" under Orono ordinances. RECOMMENDATION: Plant materials should be allowed to grow over the stair. S. The proposal does not meet the Uniform Building Code in at least 2 areas: a. There is no rail protection from vertical changes over 30" height. RECOMMENDATION: Raise the grade at the base of the walls where possible; instal' plantings as shown; install a temporary rail at the top wall. b. There is no rail on the stairway. RECOMMENDATION: Install a steel piperail, paint gray to match house. Mr. Lee Page Three 71 Aug 88 6. The proposal does not provide sufficient planting soil to allow .uccessful establishment of plantings. RHCOM ODATION: Regrade terraces so as to allow 11" depth of planting soil as shown in the Sections. 7. Restoration: RBCDtMDATION: The proposal should be planted with evergreen shrubs as shown on the accompanying sketch. An organic mulch material, such as shredded hardwood bark should be installed in all plant beds. All planting operations should be conducted "in season". I also recommend the preparation of a watering program for this plant material. The shrubs should be allowed to grow together to form a continuous cover on the soil areas and in front of the walls. Following successful completion of the Lakeshore Permit based on the recommendations listed above, I feel that a Building Permit would be issued. If you have any questions regarding this report, please don't hesitate to call. Sincerely, James Robin 1 e e Borlestrea' QIO G .."M. PE .. Poune If Ynn w Gw. IE Per NrE W Foua, If 1., W Merm. PE M[M1Xi C "I PE „brio n 11u_ 1m N IweIYP VV bupn C wMerli. If f, nCJ C MrW'cP. If Im P Ma. PE Nn M y LMIaJ I '." If XrrP w BcurJan, IE Ynnnn I Fn@rfm. PE coon M Fbrun OhM'J {Vse�e f Iwnn, IF I NNf w rm F YpM1 w pa[M1mmn P. MUE w 1II Anderllk & LYf C 0. IE Gpm Y CZY. P[ W C 1. ^PC .. IF 1 Puws. M p R pip PC I.. Fnvr. A. , Associates Ilgrnaf E Napa If Rahn G Sch—nt If .[ P M -If Dmd a to Ir 1c 1 F wr If r w . w —, P IE Mvrur f favau. If Erglrs[ irs It Architects September 27, 1908 nCity((W! of OronoBox 66 Z7 CryCgatal Bey, MN 55323 J Attn: Ns. Jeanne Nabusth Ref pile No. 139-1339 David Lee Dear Jeanne, We inspected the David Lee property t 2695 Casco Point Road. The lake shore has been altered by the construction of several retaining walls. We do not know what condition the lake shore bank was in prior to construc- tion. We did review the site several years ago with the previous owner and the lake shore bank appeared stable. The retaining wall construction will stabilize the bank and minimize the po- tential for future elope failure. The construction, however, is not consist- ent with City approvals on other applications. There are three basic options for addressing the problem th many variations of each option. The first would be to leave the walls ia, place and camouflage them with bushes and shrubs as proposed by Janes Robin. The second would be to modify the walla leaving sections in place to stabilize the bank. The area would then be graded and round cover established to restore the bank. The third would be to remove the walls entirely and restore the bank to its original condition. Option one is not consistent with previous city approvals. The proposal is structurally sound but does not provide the lake shore continuity desired by the City. Option two would leave the lower lake shore wall exposed and the upper two walls would be buried. The wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60 percent. We have indi- cated the amount of wall to be removed on the attached drawing. Page 1. 24 2335 West Highway 36 s St. Paul, Minnesota SS113 R 612-636-46M • City of Orono Orono, NN Rey Pile No. 139 September 27, 1988 Option three would not have any wall exposed and the bank should be reinforced with fabric or buried cribbing for stability. It may be possible to leave small sections of the upper wall in place for stability. The bank would be steep and special ground cover meta would be required to hold the new grass or plantings inplace. We would recommend that the City fallow option two or three. If you have any questions, please contact this office. Yours very truly, EONESTROO, ROSENE. ANDERLIR k ASSOCIATES, INC. Olenn R. Cook CRC,ll Encl. Page 2. 24 Tot Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Trutt Jeanne A. Mabusth, Building 6 Zoning Administrator Dates September 21, 1988 Subjects t1339 David Lee, 2695 Casco Point Road - After -the -fact Conditional Use Permit/Variance - Public Hearing Zoning District - LR-lC Pertinent Ordinances - Section 10.22, Subdivision 2 - Lakeshore hardcover and land alterations. Applicant constructed retaining walls within 75' of the lake and conducted grading and filling activities within 75' of the lake without the necessary permits and approval by the City. A Stop Work Order was issued on August 15, 1988. Citation was issued on August 26, 1908 because resident failed to abide by the Stop Work Order issued and exceeded the directions of staff for temporary remediml land alterations until permit was approved. Since citation was issued, applicant continued to fill retaining wall area- with fill that was delivered to the property after the citation was issued. List of Exhibits Exhibit A - Application Exhibit 8 - Property Owners List Exhibit C - Plat Map Exhibit D - Landscape Architect's Addendum Exhibit E - Site Plan Exhibit F - Section/Existing wall Exhibit G - Planting Plan Exhibit H - Proposed Plan Exhibit I - Engineer's Report Exhibit J - Staff's Ske'_cn zoi.ing File 11339 September 27, 1988 Page 2 of 5 Review of Application - Mr. Lee's landscape architect, James Robbin, has attempted to respond L, the City's concerns regarding the walls constructed by the applicant wit'.,ut the benefit or guidance of a professional/contractor. Staff has reviewed with Mr. Robbin the major concerns of the City with such applications. The fact that we are dealing with an after -'he -fact application makes this review even more difficult. In light of previous reviews by the City, retaining wall construction within lakeshore yards has been very limited opting for fill with graduated slopes allowing plantings and seeding and encouraging rip -rap along the shoreline. Review of the Construction - Mr. Lee has constructed three tiers of retaining walls. The lower sections ranging from 5' above the lakeshore levelto a maximum of 124' above lake level. Review Exhibit E, the sketch designating the 7-124' elevations along the north side of the property and the walls on the South side that range from 5' to 121. The proposed contours match with the ccntours of the existing elevations along the property lines at the north and South property lines. The stairs have been constructed at an 8 width, exceeding the normally allowed 4' width within lakeshore yards, resulting in 112 s.f. of overall hardcover where only 56 s.f. would have been allowed if the 4' standard had been maintained (note these are not spaced). The existing dock has not been permanently attached to the lower retaining wall. Major sections of the retaining walls would require railings because they exceed 30" in height above existing grade. Railings have not been provided for the access staircase. Fill in excess of 100 cubic yards has been installed behind the terrace walls. Review of Mr. Robbin's Review Co nts - Mr. Robbins confirms that the proposed retaining wall structure will halt all erosion and should provide a stabilized bank, noting that yard drainage will still continue to be handled by the underground draintile that drains to a location somewher^ under the old access stairs to the lower dock. This drainage tile carries the majority of the drainage that drains into the east yard area. Drainage to the lakeshore banks for the property comes from a breaking point within the lakeshore yard slightly to the east of the front line of the house and with additional drainage from the property to the north because of the slightly lower elevation of the subject yard. The City Engineer would reaffirm Mr. Robbin's comments on the structural stability of the wall. Mr. Robbin's recommendation covers the following points: Zoning File #1339 September 27, 1988 Page 3 of 5 1. Immediate planting program to cover the walls and minimize the visual impact. 2. Raise the bed levels at the base of the walla to visually decrease the six* of the walls as viewed from the lake and remove the need for railings. 3. Rip -rap at the base of the lower wall to provide adequate protection of the lower wall from high-level wave and water action. 4. Install drain holes at the base of each wall, 18" on center. 5. Remove, re -install, and compact clay backfill to 12" from top of the walls. 6. To reduce impact of the width of stairs and provide plant material to grow over stairs. 7. Inetall temporary rails at the top of walls until re -grading and planting have been completed. S. Install a rail along stairway. 9. Grade terrace areas to allow 12" depth of planting soil for future plantings. 10. Plantings proposed per sketch by landscape architect referenced as Exhibit E in the Plannina Commission packets for the Oc,ober 3rd meeting, consisting of evergreens, shrubs, organic mulch to be installed in all plant beds plus planting schedule to be implemented for the appropriate seasons with a watering program for such shrubs. Zoning File f1339 September 27, 1988 Page 4 of 5 Engineer/Staff Coaents - Review Exhibits I and J, Staff's proposal for minimizing the visual impact of the retaining wall structure. The north section of the retaining wall (to the immediate north of the stairs leading to the dock), we would ask that three timbers along the lower wall be removed, one timber section from the second level and three from the upper 12' high elevated wall and to place fill over the retaining wall structure providing enough coverage for the planting of grass and appropriate landscape plantings to stabilize the bank. On the south section, we would ask that the lower retaining wall stay at the same elevation and allow the deck stair to be attached in front of the existing staircase approach, remove four timbers from the middle terrace wall, and five from the upper and once again fill covering over the upper retaining walls providing the same planting of seed and appropriate landscape shrubs. The fill placement would effectively match the 24:1 slope elevations of the existing staircase. The only visual impact would be the lower wall elevations. Staff would also recommend rip -rap to protect the lower walls from the wave action and the water action. The newly constructed staircase must be reduced to a 4' width. Applicant may plant planters within the additional 4' width. A railing should be provided on one side. Appropriate erosion control should he mai,:tained throughout the entire time the earth remains in a disturbed state. c_' It screen fencing should be placed along the 2y:1 sloped banks above the altered lower retaining wall sections. The Engineer's last alternative was to remove the walls entirely and restore bank to its original condition. It should be noted for the record that the lakeshore banks did have at least 2 tiered stone walls along the lower elevations. The original elevations were steep and would require ground cover mats tc hold the new vegetation in place. Optima of Action Available to Planning Commission - 1. Accept the Robbin's proposal that would require re -filling and re- grading of the terraced areas with appropriate filling for plantings per the specific directives outlined in his letter dated August 31, 1988. Members may wish to ask for the reduction in size of the access stairs finding the lessening of the visual impact by plantings that would be seasonal and ask for the reduction of the stair structure with planters being provided within the 4' remaining width. To remove this portion of the stairs may reduce the structural support of the bank; Zoning Pile 11339 September 27, 1988 Page 5 of 5 OR 2. Staff recommendation requiring the removal of specific timbers and the filling to a 2y:1 grade slope that would allow seeding and appropriate plantings, reduction in the width of the access stairs, rip -rapping to protect the lower lakeshore level wall; 0'V 3. Restore banks to original condition and require removal of retaining walls. The following appropriate hardships and findings, depending on your choice of action, may be considered with your recommendation: 1. To prevent continued erosion of the lakeshore bank and stabilize the lakeshore bank. 2. Based on recent inspections of the lakeshore yard, the existing retaining walls and access stairs were in a deteriorating and unsafe condition. 3. The proposal as amended by staff will still retain the substructure of the retaining walls and provide the needed stability of the distrubed bank area and with finished grades at 2h:1 will allow vegetation to return. 4. The proposed improvement is in complete conflict with the intent of the Comprehensive Plan and Zoning Code of the City. Zoning File #1339 Additional Comments and Planning Commission Recommendation - October 19, 1988 Additional Ezhhibits - Exhibit R - Planning Commission minutes of 10/3/88 Note - Letters from neighbors, noted in the minutes and presented by applicant's attorney, were not submitted to the Planning Commission as part of the official record. The majority of the Planning Commission members approved the option that would allow the applicant to retain the retaining walls in the lakeshore yard provided that the planting schedule suggested by applicant's landscape architect were closely followed. In addition, they asked that the City Engineer review in depth the Robin's proposal to insure that all structural considerations had been made prior to the refilling, regrading, and planting of the retaining wall structure. The minority opinion `.elt that option 2 of the staff's suggested options, listed on page 4 and 5 of the staff memo would more clearly follow the more recent guidelines established by the Council in dealing with similar after -the -fact applications. Council Action - To consider the Planning Commission recommendation and the options presented by staff and to give staff conceptual direction to draft the appropriate resolution for formal action at their November 14, 1988 meeting. MINUTES OF THE PLANNING COMMISSION MBETING OCTOBER 3, 1988 ZONING PILE i1338-SCHIBILLA CONTINUED available. Zoning Administrator Mabusth stated that the City would not want people parking on Crystal Bay Road. Gaffron added that there was limited parking area located in the rear access. Planning Commission member Cohen asked for clarificati.in about the 33' easement for public highways at the rear of the property. Gaffron explained the history of the easement and added that there remains a question as to whether the easement was ever actually created or not. A Proceeding Subsequent may be necessary to clear this flaw in the Sehibilla's title. Mr. Schibilla stated that he had been in touch with Minnesota Title to at-empt to remedy this problem. They indicated that this easement does not show on either of the adjacent properties. The easement is not continuous and only pertains to the Schibilla property. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Hanson, to recommerd approval of the proposed garage location, and hardcover variance, subject to the easement issue being resolved before the building permit for the garage is issued. Mr. Schilbilla asked if Cohen could re- word his motion. He was not certain as to the time frame involved with resolving the easement issue. He was granted federal funds because of the storm damage for rebuilding the garage. There was a time limit involved with the availability of those funds. Gaffron and Cohen concurred that the status of the easement would have to be determined before a building permit could be issued. Gaffron inquired as to what structural area the motion recommended. Kelley stated that the motion recommended approving structural area of 1264'. The hardship in this matter is the fact that the applicants previous garage was destroyed in a storm. Planning Commission member Brown added that the motion should also include language prohibiting the conversion of the extra level of the garage into a dwelling. Kelley added that no ditional hardcover could be placed on the property in the I2, lure. Motion, Ayes-6, Nays-O, Motion passed. 339 DAVID LEE 95 CASCO POINT ROAD AFTER -THE -FACT VARIABLES CONDITIOULL 08E PERMIT PUBLIC HEARING 9a10 P.M. - 907 P.M. The Affidavit of Publination and Certificate of Mailing were duly noted. The applicant was present for this mutter, as was Mr. James Robin, the applicant's Landscape Architect, and Louis Oberhauser, Mr. Lee's Attorney. MINUTES OF THE PLANNING COMMISSION NESTING OCTOBER 3, 1988 ZONING FILE i1339-LEE CONTINUED Zoning Administrator Mabusth explained that this matter involved 3 tiers of retaining -walls. The lake level tier begins at a 5' elevation and continues to a 7' elevation on the north side and goes all the way up on the north side to an elevation of 12160 above lakeshore elevation. On the south side it extends up to a 12' elevation. There is an 8' wide section of non -spaced wooden stairs. There is a do,.k that has not yet been connected to the lower level, but will be connected if approval is granted. Chairman Kelley stated that a chronological accounting of this application would be very helpful. Mr. Lee stated that he started removing the old rock back in June. Be also started moving dirt at that time. In July he started installing the timbers. On August 15, a stop work order was issued by the City of Orono. Kelley asked Mr. Lee as to the progress of the project at that time. The only thing left to be done was installing approximately 20 timbers to tie into the steps. After August 15th, the City directed Mr. Lee to perform some remedial land alterations until the permit for the project could be approved. This included filling in some of the sand that had been stored along the shoreline because it was being washed back into the lake. However, Mr. Lee exceeded that direction and was issued a citation on August 26th. Mr. Lee performed more work after the citation was issued. Mr. Lee stated that all that involved was a truck load of dirt being dumped where he needed fill. Kelley stated that regardless of the facts involved with this, the project is now done and there is now a 12' wall on the lakeshore. Planning Commission member Johnson asked who performed the work. Mr. Lee stated that he and several high school aged kids did the job. Mr. Lee stated that he was not aware of the fact that he needed a permit to construct the wall. The previous wall fell apart due to erosion. Mr. Oberhauser read several letters that had been written by Mr. Lee's neighbors indicating their support for Mr. Lee's efforts. Planning Commission member Cohen asked Mr. Oberhauser if Mr. Lee had read the memo from Mr. Robin setting forth his ten recommendations. Zoning Administrator Mabusth stated that Mr. Robin was Mr. Lee's landscaper. Cohen then asked if the City Engineer concurred with Mr. Robin's recommendations. Mabusth seated that many of the recommended improvements were confirmed by the City Engineer. Mr. Robin's stated that the intention of providing the recommendations was to allow staff to see what would be necessary to maximize the impact of such a restoration project. Chairman Kelley stated that he would have a difficult time requesting Mr. Iee to tear down the wall. Cohen concurred with this and added that as long as the ten recommendations were met MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 3, 1988 ZONING FILE t1339-LEE CONTINUED and paid for by Mr. Lee, he would have no problem with the application. Planning Commission member Hanson asked about the need to place 12" of clay fill. Mr. Robin stated that 12" o: existing soil would be removed anld modified so it would better support plant growth. Mr. Robin addressed the issue of the stair width. He stated that the plant materials that he recommended are very dense and will eventually cause the stair to be unusable for the bulk of that 81. The 8' stair structure would continue to support steep lakeshore bank. There were no comments from the public regardinc this matter and the public hearing was cic.:ed. It was moved by Planning Commissicn memter Cchen, seconded by Planning Commission member Mobs, to recommend alproval of this after -the -fact application, subject to the applicant working with the City to implement the ten steps recommended by Mr. Robin. Hardship in this matter would be the necessity to rebuild the stairs and wall for safety purposes. Planning C_minissibn member Johnson asked if any trees were removed to accomplish this project. Mr. Lee stated that only two near. trees were removed. Johnson asked if Mr. I.ee understood the ramifications of the 0- 75' zone ordinance. Johnson explained that locking from the lake, one would see a 12' wall, which in his opinion, was not aesthetically pleasing. Mr. Lee agreed that presently the wall looked horrible. Mr. Lee stater: that withii, a few years, the wall would be virtually invisible. Planning Commission member Brown stated that there were recommendaticns of the City Engineer that did not concur with Mr. Robin's recommendations, Mabusth responded that the City Engineer's recommendations were based more on the final actions of Council or. similar applications. Planning Commission member Hanson stated that he was trying to envision this matter as though Mr. Lee had �cge in with this application prior to any work being done. He questicned whether the City Engineer's option 2 would be a more appropriate direction to take. Reducing the stairs from 8' to 4' would be a step toward the City's standards that would not require tearing down the wall. Mr. Robin stated that it would have teen possible to conform with that recommendation at the beginning of the project, now, however, it would be very difficult to do. He believed that plant materials would he a much more effective way to deal with the visual aspect of the wa11. Brown n• nt_i,ned that the City's normal recommendations for errsicn ;trol is a gradual sloping of the bank. Mabusth star,-; tha• :. really 'hat would be true if the existing soils lad nc• r the case now with the Lee property. Mr_ level terraces offer more stability at th :�� bank. Kelley stated that the Planning Cc,x the variances and allow the City Engin,-er a:, _ work out the best method of accomplishing stability.• Hanson. -Nay, Motion passed. ZONING FILE NO. 1339' CITr OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/11/88 --------------------------------------------------------------------------- TO: David Lee COPIES TO: James Robin 2695 Casco Point Road 23420 Park Street Wayzata, MN 55391 Excelsior, MN 55331 Louis Oberhauser 1421 East Wayzata Boulevard Wayzata, MN 55391 --------------------------------------------------------------------------- TlPE OF APPLICATION: After -the -Fact Variance/Conditional Use Permit --------------------------------------------------------------------------- DATE OF MEETING: 10/3/88 VOTE: 5 For 1 Against Planning Commission reoosnenda the following: Approval of the application subject to the recommendations presented in Mr. Robbin's letter dated August 31, 1988. The Planning Commission also added that the City Engineer would have additional input regarding the existing retaining wall and Mr. Robbin's recommendations. Applicant's next scheduled meeting is confirmed as: City Council October 24, 1988; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission mi..utes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1968 i06REG FILE #1335-MOODHILL COUNTRY CLUB CONTINUED beneficial to have rnth conditional use permits tied together. Mabusth said that the Council may require the applicant to apply for a conditional use permit for the land alteration as a condition of approval. Mr. Pesek was present and asked for clarification as to the location of the shed. Mabusth explained to him where the revised location of the shed would be and that only a corner of it would be visible from his house. Mr. Pesek stated that he appreciated what had been done on the part of Woodhill to address his concern. City Administrator Bernhardson suggested that the noise issue be addressed as a condition in the Resolution. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to amenu Res�lution 12529 tc .include language pertaining to the noise impact on neighboring properties. Notion, A-es-5, NaysmO, Motion passed. #1339 UNDID LE^, 2615 CASCO POIL2 ROAD APTER-TEE-FACT CONDITIONAL USE PERMIT/VARIANCE Mr. David Lee was present for this matter. City Administrator Bernhardson provided the Council and Mayor Grabek with a brief summary of the history of this application. Mr. Lee constructed a retaining wall within the 0- 75' zone. The Planning Commission had recommended approval of this application per the plans set forth by Mr. Lee's landscape architect. His proposal would leave the retaining walls <xposed until vegetation would grow and act as a natural cover. City staff is recommending that fill at a 2-1/2 to 1 grade slope be placed and that certain timbers be removed, so that the dirt would appear more as an embankment with cribbing walls into the $oil. Zoning Administrator Mabusth added that theri would be exposed timbers that would still be visible from the LAke. Bernhardson also mentioned the fact that citations were issued to Mr. Lee. Mayor Grabek asked Mr. Lee why he continued to work on the wall after the citation was issued. Mr. Lee explained that he had called and asked permission to finish the steps after he had received th +top work order. Mabusth clarified that after the citation we ibaued there was no additional work done. Councilmember Callahan compared this application to another past application. He asked whether City staff was suggesting that the second option of the City Engineer be followed. Mabusth MINUTES OF REGULAR ORONO COUNCIL MEETING C-rOBER 24,1988 ZONING FILE #1339-LEE CONTINUED said that Ataff's position was based upon previous conditions of approvalmade in the past by the Counc. 1. Mr. Lee said that Mr. Robin was scheduled to arrive shortly. He explained that he had tried on his own to stabilize the bank after it had washed away. Callahan commented that he had heard Mr. Robin's presentation at the Planning Commission meeting. He suggested that the Council try to be consistent in the policies they set forth in these cases. He was not certain whether the 8' steps should be allowed to remain, simply because they are already there. Mr. Lee stated that the steps stabilize the entire bank. Mabusth concurred that the steps, sit this point, were providing stabilization for the bank. Callahan and Goetten believed that the option for restoration of the bank that was most in line with the City's policies should be chosen. Councilmember Goetten expressed the difficulty in dealing with after-the-faf:t requests, especially in this type of application where tearing down the retaining wall would worsen the condition of the bank. She added that she did not like the 8' steps, .. ` if that was the only way to stabilize the banks, she would ha, accept that. Mabusth stated that planters were proposed to be _ ^d within the 8' steps. Mabusth askea '.ee if he fully unda- d what the City staff was proposing. 'r. Lee answered .e affirmative. Mabusth explained that c_ ^bers would be rt_, _d a.:9 the lower wall would be exposed. In ead of havi:ig the upper two tiers of retaining wall, there would i an earthen slope and plantings. Councilmember Callahan observed that there was a concentration of after -the -fact variances that occured on Casco Point, Baldur Park Road and Pagerness Point Road. He said that should Mr. Lea's varianco request be approved, it would be likely the Ccuneil would see yet another such incident. Mayor Grabek expressed his desire to see Mr. Lee's bank restored to its original condition. Mr. Lee interjected that the stone wall that previously existed was 'gross" in appearance. He added that neighbors who had witnessed his construction of the new retaining walls were very supportive. City Administrator Sernhardson asked whether the walls could be extended and covered over, as opposed to puttir, in the 4' planters? Mabusth replied that she would need to <: input from the City Engineer in that regard. fir. a explained that he had designed and built the wall himself. He was unaware of the fact that a retaining wall required a building permit. He informed the Council that eventually the wall would fade to a gray color and would not be quite so not.icable. He said that due to the support system o` the wall, he could not remove any timbers. Councilmember Mettles asked why the 8' steps could not be narrowed to 41? Mr. Lee explained that the 8' steps were stabiliz re. City Administrator MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 SOWING FILE i1339-LEE CONTINUED Bernhardson stated that removal of the steps would not be necessary. The issue is how the 4' is used, whether planters are installed or the timbers would be extended and covered over. Callahan concurred that some of the underlying structure should rcmain, b,t believed that the bank should be restored to its original state as much as possible. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve this application provided that the City Engineer's "option 2" be followed. Mayor Grabek reiterated his belief that the bank should be restored to its original state. He added that there had to be some safeguard instilled so that persons would stop constructing whatever they please within the 0-75' zone. Councilmember Goetten suggested that the City may need to improve its efforts of informing residents of Orono what is required. Motion, Ayes=4, Mayor Grabek, Nay, Motion passed. 41345 JOHW TKM0hALD 4017 WORTS SNORE DRIVE VARIANCE RESOLUTION 42530 Mr. Theobald was not present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Theobald agreed with the City's recommendation for one garage not to exceed 1,000 s.f, and to keept the level of hardcover the same. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adoot Resolution $2530, approving the requested variances. Motion, Ayes-5, Nays=0, Motion passed. 41346 EINAR SAGBERG 740 WORTH ARM DRIVE VARIA310E RESOLUTION Mr. Hagberg was present for this matter. City Administrator Bernhardson explained that Mr. Hagberg was seeking approval to construct a detached storage garage on his property. The proposed structure would increase hardcover in the 75-250' and 250-500' zones to 35.6% and 33.2% respectively. However, there is a gravel road used for City access to sewer lines that was included in the hardcover calculations for both the 0-75' and 75-250' zones Due to this unusual circumstance, and the fact that exclusion of this road would decrease hardcover percentages, the Planning Commission recommended approval of this application with no hardcover removal. Assistant Planning and Zoning Administrator Gaffron i0 APPLICATION NO. 1339 CITY OT ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/25/88 ----------------..-----------------_---------------------------------------- TO: David Lee COPIES: James Robin 2695 Casco Point Road 23420 Park Street Maysata, MN 55391 Excelsior, MN 55331 _-__-_-.-------------------------------------------------------------------- WPM OF APPLICATION: After -the -Fact Variance 6 Conditional Use Permit --------------------------------------------------------------------------- NATE OF DYING: 10/24/88 VOTE: 4 For 1 Against COUNCIL ACTION - NOTION: Council gave staff conceptual direction to draft a resolution for formal action by the Council at their November 14, 1988 meeting, that would ask that you alter the retaining wall within your lakeahora yard subject to the conditions cetforth in the staff recommendation (Memo September 22, 1988) identified as option 2. This option would asks that you remove certain timbers and place fill within the upper sections of the retaining wall area at a 2 1/2 to 1 elope (equal to the elevations of the stairs'. As I advised you in an earlier conversation prior to the meeting that if you wish your attorney present to discuss your position regarding this afte the -fact application before the Council that it maybe appropriate to .,ave your attorney present at the Novemebr 14th Council meeting. You may also wish to have Mr. Robin presets at that same meeting. Please contact my office if you have any questions on the matter discussed above. 5496323 City of ORONO RESOLUTION OF THE CITY COUNCIL No. 2538 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZOING CODE SECTION 10.22, SUBDIVISION 2 A.9D A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 PILE i1339 WHEREAS, David E. F. Lee (hereinafter 'the applicant") is the owner of the property located at 2695 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Auditor's Subdivision No. 265, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made after -the -fact application to the City of Orono to permit retaining walls and certain land alterations within 75' of the lake where Section 10.22, Subdivision 2 would allow no structures or land alterations and per Section 10.03, Subdivision 19 seeks approval of a conditional use permit for the retaining walls and land alterations within the lakeshore of the property. HOW, THEREFORE, HE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File t1339 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of .5 acres of dry contiguous land in area. 3. The property consists of approximately .4+ acres in area. 4. 1he Orono Planning Commission reviewed this application on October 17, 1988 and recommended approval of the proposed after -the -fact variances and conditional use permit as set forth above, based or, the following findings: A) The proposed lakeshore impro,ement will prevent the continued erosion of the lakeshore bank avid provide stabilization of the lakeshore bank. B) The Orono inspection staff has confirmed the former retaining walls and access stairs were in a deteriorated and unsafe oondition. City of OR ONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2' 18 5. The Orono Council conceptually reviewed this application on October 24, 1988 and recommended approval of the after -the -fact variances and conditional use permit but asked for specific alterations of the existing retaining wall and changes in the final grades witnin the upper wall sections. This approval was based on the following findings: A) The lakeshore restoration plan as amended by the Council is more consistent with the guidelines established by the City in the consideration of similar after -the -fact applications. B) As amended, the wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60%. C) The proposal as amended by the Council would retain the sub- structure of the upper retaining walls that would continue to provide the needed stability of the disturbed bank area. Final grades at 24:1 slope within the upper retaining wall areas will also allow for vegetation to return. 6. The City Council finds that the conditions existing on this pro- perty 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. 7. The City Council finds that granting a conditional use permit to allow the retaining wall structure to remain in the lakeshore yard as amended will not be detrimental to the health, safety or general welfare of the public, wuuld not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the zoning Code and Comprehensive Plan cf the City. Page 2 of 8 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL • NO. 2538 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after -the -fact variances to Municipal Code Section 10.22, Subdivision 2 and an after -the -fact conditional use permit per Section 10.03, Subdivision 19 that would allow the existing retaining wall to remain as modified by the Council in addition to approving certain land alterations within the Lakeshore protected area, subject to the following conditions: 1. The existing retaining wall to be altered per Option 2 as set forth in the City Engineer's report and sketch enclosed with this resolution as Pages 6, 7 and 8. 2. Banks to be restored to 2y:1 slopes within the area of the upper two tiers of the altered retaining walls. Applicant's landscape architect may advise on appropriate ground cover and plantings fir this area. Erosion control must be maintained at the time of the commencement of the restoration until ground cover is rest-:ed. 3. Installation of a soils separater blanket and stone rip rap at the base of the lower wall and drain holes installed near the base of each wall as recommended by applicant's landscape architect James Robin, in his letter to the applicant dated August 31, 1988. 4. Access stair structure to remain subject to planters being installed along one side so that only a 48" stair width remains. Appropriate plantings to be provided within the planter box areas. Detached lower access stair structure to be re -aligned and permanently attached to lower wall structure. 5. The applicant must complete the entire restoration as set forth above and on Pages 6, 7 and 8 of this resolution by June 30, 1989. Applicant shall call for regular inspections by the Orono inspection staff upon the commencement of the restoration. Applicant must apply for a building permit from the City of Orono prior to the required improvements. 6. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned 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 8 1988. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 Adopted by the Orono City Council on this 14th day of November, --�A��t� James R. Grebek, Mayor Barbara A. Peterson, Actin Mayor Page 4 of 8 CITY OF ORONO STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 On this day of , 198Z before me a Notary Publ c within and for sa d county, personally appeared j�AVID (�-f, known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. EAURIE K. SCHEMER p, NCMM'AI� MINIINN COIMh' My •ewnb• ..pin. M/e1 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) Oa thi• 44, day of �') e hx r 198.5, before me a itary Pu c w t n and for sa d-County, personally appeared known to me to be the parson ■) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOT A Y roel.IC COU�t/ U p, ca MY COMMISSION EXPIRES Page 5 of 8 i OCo n bARNI rF. 4M A GONM. rF IbnM W hlMfpn, IL ClurY, A E,Uw '�� Bonestroo OEM Rosene Anderlik & Associates Erg4leers i Architects September 27, 1988 City of Orono Bo: 66 Crystal Bay, NN 55323 6ttnl Me. Jeanne Mabusth Re% File No. 139-1339 David Lue Dear Jeanne, bp,[W MMn. IE IhWOW f0O,. 1[. MkW, C. LrMn. rL Ya M Iw„Yy I[ epnYC C, a/[YR IL JryY, 1. MYYN. rl. MYMn M. plpn YpIPtl A l,wMy I[. Jryry A WJvI IE MMN I MCe„e�. If. lawn Lm.. r[ MM, A Nn,On. rL ry,11 WwM. IE MM A Lp 1YM, C. qin. It . W R lI[ M„Y L blry 1{. eynn f. CGy. IL i MN,11 WmYn. !L bMn C luaM. .',A. r[, nYY!! ert. maR a. al.YVR It o...a a LCWIL re. Yarlq n. wmM. rl. MnYn i fwraR rt RESOLUTION 02538 gr 21 iG?8 We inspected the David Lee property at 2695 Casco Point Road. The lake shore has been altered by the construction of several retaining walls. We do not know what condition the lake shore bank was in prior to constmc- tion. We did review the site several years ago with the previous owner and the lake shore bank appeared stable. The retaining wall construction will stabilize the beak and minimize the po- tential for future slope failure. The construction, however, is not consist- ent with City approvals on other applications. There are three basic options for addres.ing the problem with many variations of each option. The first would be to leave the walls in place and camouflage them with bushes and shrubs as proposed by Janes Robin_ The second would be would then be graded and gr2und cover eetab liehad store the Cask. The t ird would be to remove the •all. entirely &no restore Me jank to its original condition. Option one is not consistent with previous city approvals. The proposal is structurally sound but does not provide the lake shore continuity desired by the City. Option two would leave the lover lake shore wall exposed and the upper two walla would be buried. The wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60 percent. We have indi- cated the mount of wall to be removed on the attached drawing. Page 1. 26 Page 6 of 8 2335 West Highway 36 • St. Paul. Minnesota 55113 s 612-63646GO RESOLUTION 02538 Clt; of Orono September 27, 1980 Orono, ME Rat File No. 139 Option three could not have any wall exposed and the bank should be reinforced with fabric or buried cribbing for stability. It may be possible to leave small sections of the upper wall in place for stability. The bank would be steep and special ground cover mats would be required to hold the new grass or plantings Inplace. Ve would recommend that the City follow option tvo or three. If you have any questions, please contact this office. Yours very truly, EON1ST100, 106E1E. ANOERLII i ASSOCIATES, 114C. Glenn R. Cook GRC,Ii Rot 2< Page 2. Page 7 Ol E. RESOLUTION #2538 ;Fmo uC 3 e neus I IIN (L� 3 v �1�(`MOJt S wit' M,1 r � jinrwue '� r'� r� r� I / r I , _� � 9'iHr-WvfsNo j nr-c& WA"-5 - fiery James Ira robinlandscago Z IIr04180 �¢ yyMar 61aa at �+,f- tpt c) rk 'M a s a' 1 Z&qS «'�� I �� Page 8 of a se v11riN, 812/474.3940 :Py� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallln, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a reso'ution of the C.ty 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 14 , 1988 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 30th day of November 1988 othy M allin, City Clerk { AL 1; k7fibd mm/m tAM10,45 A5496323 0E SI0.00 mF" G9.IAN IZ AM10:44 24 5ee, x MINUTES OF THE ORONO COUNCIL MEETING OF NOVEMBER 14, 1988 SOWING PILE i1329-MCNELLIS CONTLNUEV avoid discrepancies. Councilmember Nettles asked whether there would technically be any impact to the wetlands due to the height of the cantilevered deck? Gaffron answered that in his opinion, Mr. McNellis's proposal would have little, if any, impact on the wetlands. Councilmember Nettles brought forth the issue of the lot line rearrangement. Mr. McNellis explained the ramifications of proceeding in that manner, and added it would cause enough of a delay that he would be unable to build until Spring. City Administrator Bernhardson suggested that the Council grant the variance for the wetland encroachment and indicate whether a lot line rearrangement would be an acceptable remedy. Gaffron suggested that approval be given for the application and the issuance of the building permit he contingent upon the filing of the subdivision application for the lot line rearrangement. This would allow Mr. McNellis to begin work immediately. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the wetland variance and require the applicant to file and follow through with a lot line rearrangement application in lieu of the front setback variance. Motion, Ayes-3, Nays-0, Motion passed. #1339 DAVID La 2695 CRECO POINT ROAD 11 TI08L USE PNRMIT/VARIANCR EENOLATIOW l2538 Mr. Lee and Mr. James Robin, Mr. Lee's Landscape Architect, were present for this meeting. City Administrator Bernhardson gave a brief synopsis of the history of this application. It was determined at the last Counci- Meeting that Mr. Lee be required to remove certain timber and fill so there will be some natural slope returned to the bank. Mr. Robin believed that it would bi b^st to keep all of the timbers and plant vegetation that would eventually screen the wall from view. He said that he could not guarantee the same kind of stability and screening by following the City staff's recommendations. He asked that the Council reconsider their decision to follow the City Engineer's recommendations and try to reach another compromise. Acting Mayor Peterson stated that she +nuld be inclined to stay with the City Engineer's recommendations. Councilmember Nettles concurred, and added that he actually was leaning more toward total restoration of the bank. However, sine the project was already completed, he felt that the City Engineer's recommendations were a compromise. He said that any deviation from that recommendation would be an even greater straying from MINUTES OF THE ORONO COUNCIL MEETING OF NOVEMBER 14, 1988 SWING FILE i1339-DAVID LEE CONTINUED the City's ordinances pertaining to the lakeshore. He did not wart to send the wrong message to the citizens of Orono. Councilmember Goetten reiterated her concerns of informing the Public of those ordinances. She added that she had to rely on the information provided from the City Engineer in trying to make the beat of a bad situation. Mr Lee explained that he had received numerous phone calls follow-ng an article that appeared i:. the Wayzata paper. He went on to say that his neighbors were most supportive of him improving his property. Mr. Lee also reiterated Mr. Robin's arguments for keeping the timbers in place. Acting Mayor Peterson asked whether the completion date of April 30, 1989 was realistic? Mr. Robin and Mr. Lee felt it was not, due to the frost. Peterson suggested June 30, 1989. Mr. Lee agreed. Mr. Robin advised Mr. Lee to remove the timbers and do the grading and fill work and immediately establish some kind of ground cover for the bank. It was moved by Councilmember Nettles, seconded by Acting Mayor Peterson, to adopt Resolution t1139, approving the conditional use permit, and amending the completion date to June 30, 1989. Motion, Ayes-3, Nays-0, Motion passed. #1347 MICHAEL HALLES HOMES, INC. 2715 PENCE LANE VARIANCE RESOLUTION 12539 Mr. Bob Martinson, a representative for Michael Halley Homes, and Mr. and Mrs. Dean Terry were present. City Administrator Bernhardson explained that the original proposal had been revised to address the concerns of Mr. Dailey and Mr. Skifter. The gateway would now be located app, :ximately 14' from the west lot line and 20' from the north lot line. The 10' setback variance to the north lot line could still be required. A 12' by 12' backup apron has been included to alleviate traffic turning around in neighboring driveways. If the gate were moved back another 10' to 12' there would be no need for a variance. Mr. Martinson reiterated Bernhardson's ex;.lanation of the revised proposal. He said that in response to the emergency vehicle access issue, there are three ways to access the electronically controlled gates: (1) Activation from within the houses on the property; (2) Activation from the front by entering in a code, which will be given to both the Police and Fire Departments; and (3) a large mechanical pin could be pulled to manually open the gates should there be a power failure. These methods of access have been discussed and approved with the Police and Fire Departments. CITY or ONONO P.O. Box 66 APPLICATION NO. 1339 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 11/17/88 --------------..-_------------------------------------.--------------------- TO: David Lee COPIES: James Robin 2695 Casco Point Road 23420 Park Street Wayzata, MN 55391 Excelsior, MN 55331 ---------------------------------------- ----------------------------------- TrPE OF APPLICATION: After -the -Fact Variance 6 Conditional Use Permit --------------------------------------------------------------------------- DATE Or MEETING: 11/14/8P VOTE: 3 For 0 Against COUNCIL ACTION - NOTION: To ap2rove per the findings and conditions of the resolution previously mailed to you. The subject resolution has been ame,led so that the final completion date reads as June 30, 1!:). 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 !n the property must sign the resolutions. POPHAM♦ HAIK.SCHNODRICH 6 KAUFMAN, LTD ))00 PIPER JAIIRAV TOWER MINNEAPOLIC. MINNELOTA 954OE YNYM[O.POMpM AY[\A. RAIN{ tLL...... LOt[N LOON. O. LCOTT ....a A. O.LVIO A.IC... LI{yl)-.\00 \N^.XN NEON [O.INO[NW{Rw oR1lf WOu w..CnaO.NICX [[L,.... I n,IOTN.q V.. cGuno O[NV[w FAV IYAM ALAI. N[CON T[4 CCOR1[w UNOL L.[WAN\ON I.L........... we:1. A. YINnN L{/LIL OILLET E ....... ...0 A .[lu[Ox uL r L.....11. WL'. A.11110.09. AM ... L T.NiLAN I............ I.L.CA....11... OL/O.A.A. OI\ON 0.YARO WMIT(N4O wO/ENI M. LYNN I.. iACN[wI Y.JONU LEVOi O. WILL.. I.... Y. /LYIM/ 1)IILI.-aa...... YICWLL O.CMNI/1[MNN L{x/OF N. WMITNLI I/90EMC./..1 .... .....I C.YO1LANlN .NIGNA{L......11 FNNNI ALL[w /.wp/LwT JOXNiON I.e. A. I. IOOO Y.JOMN.ON .{ONO[J.EOCNA [OwW NCNAN.C.0.OLLYR[YO\R .....1. V.I. .I..Y"ALI .TRR W...weeRTW/YL[T.11 NIOTwYYaLOROOYtN I.I.E. YMnM OLNV[R. COLORADO COLOL [uYTMTL EN jok:0..Y L... XL.ONAYVRLCII RAL.A O.....LY UAM{N....0.[F N YwVM. ..4CR.. T.O- w..T[LL[M 1XO.Y [..AXXLw ltlt[O11[. aOl-/N-.1.. CNIAX L —'D.D I.",a1OUNUT A .A.. A. FAIUX TT.{W ..O..O. ALLLN W......... t. ...........[LIEN. ..ITC ......1. 1... W ..OVO CLIP ..... a..... ... II...IG.T{. 1... Y a.[t1. x. W. CLLLN .V(R ILW O.WM14AY FAVrMAN NYL J. bNNROIN WIIONINOTOM. O. C. L O... O.....I......... r.[O L'YONM.OM Y.... LO.rL[CNAN .COTT A. *..I. TLLVMON[.O....... aOO WILLUXX oC, LC. Jw. MOYANO /AM YI[N\.NI ... Al.Y L[WI. T(L[CORI............ I[NNANC[:. O.16LO ,A..T O. COREL .LIlA.CTM A. TMO.MNR.OM JO. VX O. VM. JANI[6YAT. PC. ([vM J. MALLLO DIRECT DIAL NUMCCR W.O.Y I.e.. J. A ... I YA.... AM.... (612) 334-2549"wiA A. GN(L....a ...............n February 7, 1989 Ms. Jeanne Mabusth CITY OF ORONO P. 0. Box 66 Crystal Bay, ma 55323 Dear Jeanne: Enclosed and listed below >re resolutions which have been filed in abstract property with the County Recorder and returned. Name Resol. No. Doc. No. Date ?sled Petersen, David 6 Valerie 2519 5496325 January 12, 1989 Iverson, Alfred i Rosemary 2475 5496324 January 12, 1989 Lee, Devi E. F. 2538 5436323 January 12, 19P4 Jensen Homes, Inc. 2557 5496322 January 12, 1989 Born, Lauren and Joyce 2552 5496321 January 12, 1989 If you have any questions, please feel free to c either me or my secretary, Paula Van De Laarschot (334-2656) Very truly{ yours, Nancy E. Husnik Legal Assistant 2PLV3(2) 2 IIL--- - I FF? A 3