HomeMy WebLinkAboutre: issues with bldg permit application Y �
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CI7��'of OROI\TO
« Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
•
� . � � On the North Shore of Lake Mircnetonka
December 7, 1989
Mr. & Mrs . Chip Fisher
3300 Fox Street
Long Lake, MN 55356 ,
Dear Mr. & Mrs. Fisher: .
� The Building & Zoning Department is in receipt of your
app3.ication for a building permit from Bruce Companies for
construction of a new single fami3.y residence on your property.
I discussed a number e following dditional1commentsDecember 6 ,
1989 and would make th
1, Your stated intent 1 our new home ti s comp l ed eS Orono
on the property until y
Zoning Code Section 10.03 , Subdivision 7 ( see attached)
a 3l.ows continued occupancy of the existing dwelling while
the principal structure is being constructed. A permit for
such occupancy would be issued with your bui3.ding permit and
would expire after a 3 month period. An extension of the 3-
month period wouldCeaof a�Certific tedofyOccupancyaforWyoud
expire upon issuan
new home.
Although a decision on the final disposition of the existing
house need not be made before the issuance of a building
permit for the new one, we do need a WRITTEN REQI�EST FROM
YOU NOW FOR TEMNEWAPRINCIPAL RES DENCE CONSTRUCTION?STING
RESIDENCE DURING
2. Options for the old house are as follows:
A) Tear it down.
B) Sell the structure and_ have it moved off the +
� property.
C) Subdivide so o ra4.5 acre Iot in the 2 acre LR lA F
separate parcel (y ;
zone would appear large enough to accomplish a
subdivision, al.though some variances to specific Iot �
standards might be necessary) . '
�
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BUILDING&ZONING-473-7357 • ADhtINISTRATION&FIN?.�CE-473-7358 • PUBLIC WORKS-473-7359
ASSFSSING FAX-473-0510 i
. Mr. & Mrs. Chip Fisher, 3300 Fox Street
December 7, 1989
Page 2 of 3
D) Request approval for a "guest house" conditional �
use permit, per Zoning Code Section 10.20, Subdivision
3 (G) .
You have indicated that construction on the new house wiI I
take approximately 5 months. The processing of a
subdivision or a conditional use permit wou3d normally take
approximately 2-3 months. You should make the necessary
applications accordingly so that the issues with disposition
of the existing residence are reso3ved at the time you wish
to move into the new house.
3. Construction p lans for the new residence indicate 6
bedrooms. The septic system design was based on a 5 bedroom
house. Your septic system designer must submit a revised
septic system design that is based on a 6 bedroom home/900
gallon per day f Iow rate. Also, the site eva3uator should
be advised that on both primary and alternate mound
drainfields, the edges of the dike must meet the setbacks
. - - ..from property lines. - � _ -- - -
4. A site inspection indicates your proposed residence
meets the average 3.akeshore setback requirements, which
simply means that aI 1 new structures (pools, tennis courts,
decks, etc.) must be Iocated no closer to the lake than a
Iine defined by the lakefront walls of neighboring adjacent
houses. Your surveyor has shown that line on the survey,
and aII. currently proposed construction appears to meet that
setback. However, you include a pool equipment room but do
not indicate a pool location. You should consider
relocation of the proposed house as necessary to accommodate
any proposed pool behind the average lakeshore setback line.
As we discussed, the City is aware of the "no build Iine"
covenant discussions you are having with Mr. Fullerton. The
City has no legal interest in the outcome of that issue, and
will not delay issuance of a building permit as Iong as aII
City requirements are met.
5. The proposed building plans include a bar, sink and
refrigerator in the basement. It would appear from the room
Iayout that this is not intended to be a kitchenette serving
a separate dwel Iing unit within the house, however, for the
record, it is standard City pol�cy to advise you that a
guest apartment within the existing dwel Iing would require a
conditional use permit if that type of use was ever
considered.
Mr. & Mrs. Chip Fisher, 3300 Fox Street
December 7 ► 1989 , •
Page 3 of 3
6. Regarding the p
roposed grading, no site grading can
occur until the building permit is issued. No site grading
will be allowed in the area of the primary and alternate
drainfield sites nor within 20' of the boundaries of those
sites.
in of the shoreline requires permit approval by the
Rip-rapp g f i 13 i n g,
Minnehaha Creek Wat�ithin 751 of the normal shore3ine
excavating or grading rovals from
requires variance and conditiona3 use permit app
the City of Orono, and as I mentioned to Mrs. Fisher, it is
unlike3y that sufficient justification exists for the City
to approve any regrading within 75' of the shoreline.
Placement of additional topsoil and sodding will be allowed
anywhere on the property (except in the drainfield sites) as
Iong as the depth of �areanotdchangedl dWithint75Xcof the
and overall contours
shoreline, immediate sodding would be required rather than
seeding. In areas outside the 0-75', regrading resulting .o�
changes of contours (i.e. filling low spots 1-2' deep
more) must be shown on a grading plan and would be permitted
. as part of the norma3 construction process if included as
� � part of your building permit application.
Pl.ease provide the information notedeasel advise aas soon�as
as soon as possible. AdditionallY�.0 P grading plan or house
possibl.e if you wish to revise y
Iocation. Please contact me at 473-7357 if you have any
guestions.
Sincerely,
� _ �/
�_
Michael P. G fron,
Asst Planning & Zoning Administrator
MPG/tln
cc: Mark Gronberg
Bruce Companies, 539 Lake St, 4r'ayzata 55391
�To: 3300 Fox Street
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 14, 1990
Subject: Land Alteration in 0-75 ' Lakeshore Protected Zone,
No Permits
This afternoon, Inspector Bruce Vang was inspecting the
property at 3250 Fox Street and witnessed grading occuring in the
lakeshore at 3300 Fox Street. He investigated, and contacted me
by radio immediately. I proceeded to the site immediately, and
found that the grading contractor (apparently Boligan & Sons) had
done major excavation to remove a hump of land within 75' of the
lakeshore and had lowered the grade significantly in that area.
We stopped the cat operator and he claimed he was just doing what
he was told by his boss and he believed that Mr. Fisher and Mr.
Steven Bruce (Bruce Companies, the general contractor for the
house ) had met on the site prior to the work and he was just
following orders. We immediately issued a Stop Work Order on the
project, sent all the sub-contractors home, and I left the site
to attempt to contact Mr. Fisher and Mr. Bruce. Inspector Bruce
Vang and eventually Mrs. Fisher showed up at which time she and
Bruce discussed the violations that were occuring. In the mean
time, I contacted Chip Fisher's of,fice and was told by his
secretary that he was out of town unti 1 Thursday. I then made
contact with Steven Bruce who assured me that his intent was to
have hay bales placed along the lakeshore, although he would
certainly assist in the followup, he was not part of the "loop"
with Mr. Fisher hiring a grading contractor. I notified Mr.
Bruce that I need to meet with himself and Mr. & Mrs. Fisher
tomorrow morning at 9 :00 on the site to discuss immediate
restoration and protection of the site. I advised him that I
expected him to follow through with erosion protection because it
is likely that we will be getting rain tonight according to the
radio.
As a point of reference, I met with Mrs. Fisher on December
6 , 1989 and on December 7 , 1989 sent a letter to she and Mr.
Fisher documenting our site inspection inspection of December
6th, and verifying clearly what could and could not be done as
far as grading work on the property. This letter was cc: to the
applicant' s surveyor and to Bruce Companies , the general
contractor. Obviously, this letter has been ignored by both the
property owners and the builder. I noted for the record in the •
letter of December 7th that there is likely very little
justification for the City to approve any regarding within 75' of �
the shoreline. It appears that they have done this anyway. My ;
only reasonable recommendation is that this area be restored i
immediate ly and City staf f wi 11 recommend denia 1 shou ld an af ter- �
the-fact application be forthcoming. �
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