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09-3395 Scanned File
14 March 2011 Estate of Ralph Colt Bagley cto Lindquist & Vennum PLLP Attn: LB Guthrie 80 S 8t` Street, Sutie 4200 Minneapolis, MN 55402 CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN, 55356 Crystal Bay, MN 55323-0066 RE: 1105 Ferndale Road W/Zoning Application File #09-3395 Resolution Nos. 5841 and 5943 By Resolution No. 5841 Orono City Council granted approval for the following variances: lot area, lot width, hardcover, side setback, lake setback and floodplain setback and a conditional use permit for floodplain rearrangement including earth movement within the lakeshore setback so that a replacement residence could be constructed (Zoning Application No. 09-3395) which was to expire on June 8, 2010. Additionally, the City Council granted an extension until ,dune, 28, 2011, by Resolution No. 5943. Recently the City Council amended City Code Section 78-129 (attached) to allow staff to grant a 12 -month extension of variances administratively. The approval granted by Resolution No. 6841 will be applied to this new process. Because nothing has changed since the time of the original variance approval your extension approval has been granted. Therefore this variance will now expire on June 28, 2012. A request for an additional extension must be received at least 60 days prior to the new expiration date. Any subsequent extensions may be granted by City Council approval. The terms and approvals granted in Resolution No. 5841 still apply. Due to the new administrative approval process, no renewal fee is necessary. Unfortunately, your renewal fee check was processed and deposited. Please note, I have requested the finance department refund your $350. This process can take up to 4 weeks; I apologize for the misunderstanding and inconvenience. If you have any questions, please contact me at mcurtisCrDci.orono.mn.us or at 952.249.2467. Sincerely, CITY OF OROfVO ` Melanie Curtis Planning & Zoning Coordinator Attachment Telephone (952) 249-4600 - Fax (952) 249-4616 www.ci.orono.xnn.us See. 78-129. Extension. Extensions may be granted by either city staff or the city council pursuant to the following: (a) (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (b) The city council may grant an additional extension at the expiration of an extension granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance extension. (c) The terms and conditions applicable to a variance at the time of its original approval continue to apply when an extension is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amendment of any of the terms or conditions applicable to the variance. (Code 1984, § 10.08(9); Ord. No. 80 3rd series, § 2, 11-22-2010) LINDQVIST&VENNUM,; LB Guthrie (612)371-3942 Iguthde@lindquist.com www.lindquist.com March 7, 2011 City of Orono Attention: Christine Mattson P.O. Box 66 Crystal Bay, MN 55323-0066 Re: 1105 Ferndale Road West, Orono, Minnesota File No. 09-3395 (Renewal of CUP/Variances) Dear Ms. Mattson: • Denver 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2274 Phone: (612) 371-3211 Fax: (612) 371-3207 Enclosed is a renewal Variance Application requesting that the authorities granted by Resolution No. 5841 (File No. 09-3395) be extended for one year. Also enclosed is a check in the amount of $350.00 to cover the renewal fee. Please contact me if you have any questions. Very truly yours, LiNDQUIST & EVNUIvI PLLP LB Guthrie LBGljag Enclosures cc: George Bagley (w/o encl.) DOCS -#3421274 -vi Memo To: Finance Department From: Christine Mattson, Planning AssistantUN j.A6bi-,1 Date: 3/11/2011 Re: Refund On March 9, 2011 Lindquist and Vennum PLLP submitted a $350 check with their variance extension request. Staff entered the check into the cash register, receipt no 3.004224. Staff can now administratively process these requests. Please refund $350 to: Estate of Ralph Colt Bagley c/o Lindquist & Vennum PLLP Attn: LB Guthrie 80 S 8th Street, Sutie 4200 Minneapolis, MN 55402 Q w i II CA 0 CU �.. EN X CT- -mom --moM ar 17! R -=0 4 a rp Gib N0 is zAzoning applirabons12009 zoning applicabons\09-3395 1105 femdale var cuplvadanm extension request - refund memo to finance dept .doc City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # File No. 09-3395 Date Received: Staff : Fee: $700 Renewal: $350 After -the -fact: $1,400 (double fee) Escrow Fee: $2,500 new home 1 addition 1 new structure $ 600 other variance This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 1105 Ferndale Road West Property Identification Number (PIN): 02-117-23-43-0033 _ Date Property Acquired (month/year): 1211874 0 Yes, I own the adjacent parcels. Zoning District: LR -1A APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: The Estate of Ralph Colt Baulev Phone (home): Phone (work): (612) 371_3942 Complete Address: Go Lindquist & Vennum PLLP Attn: LB Guthrie 80 S 8th Street, Suite 4200 City, State & ZIP Minneapolis, MN 55402 Email: Iguthrie@lindquist.com Fax: (612) 371-3207 OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: The Estate of Ralph Colt Bagley Phone (home): Phone (work): Complete Address: SAME AS ABOVE City, State & ZIP Email: Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): The existing CUP/variance contained in Resolution No. 5842 ff ile No. 09-3395) runs with the land but expires June 28, 2011, unless a building permit is issued prior to that date. It was intended that a new buyer would apply for the building permit, but with the real estate market we have experienced in the last year such a buyer has not yet surfaced. Accordingly the estate would request that the June 28, 2011 date be extended to June 28, 2012, Last Updated: 10/16/2009 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Enelmed AppUcable ❑ ❑ ! Escrow Agreement sioned ❑ ❑ Pre -Application Form ❑ ❑ kation Fotrn ❑ ❑ Hardship Documentation 0 ❑ Certified Property Owners List ❑ ❑ Survey (meeting ALL requirements shown on pages 5 - 8 ❑ ❑ Proposed Plans ❑ ❑ E Hardcover Calculation1s) 0-- G Seoic System Site Evatuavon Report _ ❑ I ❑ I Wetland Delineation i i ❑ 1 ❑ I Buffer Improvement Plan E3 ❑ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as ' either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the f information. the aoolication may not be issued. i Applicant's Signature: Applicant's Signature; Owner's Signature: Owner's Signature: Last Updated: 10/18/2009 'lf Date: LB Gythrie Its: Attorney Date: _ Date: eorg Bagley, as Per nal Date: Rep r entative 3—b, Christine Mattson From: Christine Mattson Sent: Wednesday, February 16, 20114:28 PM To: 'LB Guthrie' Subject: RE: 1105 Ferndale Road West 10 No. We can grant the extension administratively. Christine Mattson Planning Assistant From; LB Guthrie jma!Ito:lguthrie@lindauist.coml Sent: Tuesday, February 15, 20113:56 PM To: Christine Mattson Subject: RE: 1105 Ferndale Road West Chris, Thank you for taking the initiative in sending me the application. This email is to let you know that I did receive it; and to inquire as to whether you see any issues in obtaining another year extension at this time? l8�. llwim LINDIV T Attorney; Real Estate U-ChairVmST&VENNNNUM", 4200 IDS Cerner ° 80 South Eighth Street Fflinneapolis, PAN 55402 Office: (612) 3€1-3942 Fax:(612)371-3207 website i biro i e-mail I -Xard I soap From: Christine Mattson jmailto:CMattson(dci.orono.mn.usl Sent: Tuesday, February 15, 20112:14 PM To: LB Guthrie Subject: 1105 Ferndale Road West LB Sorry we were unable to connect today. I believe you are interested in applying for another extension for zoning application 09-3395. 1 have attached our variance application. If you have any questions, I will be available again tomorrow afternoon. Planning Assistant City of Orono 2750 Ke.11�4 Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) V 952.249.4620 &-a 952.249.4616 Z cmattson@ci.orono.mn.us -'N ®, Office Hours: Monday Friday 8:00 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, February 21, 2011 (Observance of President's Day) NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e-mail message and any files transmitted with it are confidential and may be subject to attorney-client privilege or work -product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. 2 IIII OI�����III ILII�I�VIII�� u Doc No T4781475 Certified, filed and/or recorded on 8/20110 1:26 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff. Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 33 Pkg I D 649447 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 645075 This cover sheet is now a permanent part of the recorded document. GH5ph5- P* O� A RESOLUTION AMENDING RESOLUTION NO. 5841 FILE NO. 09-3395 '1� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 594 A RESOLUTION AMENDING RESOLUTION NO. 5841 FILE NO. 09-3395 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin and Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, expect thatP art embraced in Registered Land Survey No. 902, Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the Property"); and WHEREAS, on June 8, 2009 The City Council of the City of Orono adopted Resolution No. 5841 granting the Property lot area, lot width, hardcover, side setback, lake setback, and floodplain setback variances as well as a conditional use permit for floodplain rearrangement including earth movement within the lakeshore setback so that a replacement residence could be constructed. The approval remained valid if a building permit for the residence was issued by June 8, 2010. WHEREAS, since a building permit has not been issued the Owner has been has made application to the City to renew the approval, with no change in the plans; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on June 21, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. b mediately following the public hearing the Planning Commission recommended approval of the application by a vote of 5 - 0. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that Resolution No. 5841 is amended to change the deadline for obtaining a building permit to June 28, 2011. Resolution No. 5841 otherwise remains in effect. Page 1 of 2 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 4 Adopted by the Orono City Council on this 28th day of June, 2010. ATTEST: RLinda S. Vee, City Clerk The Estate of Ralph Colt Bagl , deceased. By: STATE OF COUNTY OF "(4w� �" r(tk1& - - - to M. White, Mayor This instrument was acknowledged before me this 7 qday of q -u ly 2010 by R(9VA'tck&-lj U -P,, the law ^� of the Estate of Ralp Colt Bagley, deceased. S Notary Public Page 2 of 2 STATE OF MLN-NESOTA ) )ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 28, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 29t' day of June , 2010. City Clerk �JY(J NIINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 . 7:00 o'clock p.m. COMMEIVTS, Continued) Noer rg, and North Arm, there is also overflow parking for the Spring Park boat launchin the county yar , hich is located in Orono. The DNR website for the Luce Line Trail also li parking for the Stubbs Bay ail in Long Lake, which is incorrectly labeled as Long Lake rather Orono. LeQuay stated the City of o is currently contributing a significant amount of recreati parking and that parking for the Dakota '1 should be located in other areas. LeQuay asked an update on that issue. Gaffron indicated he is schedul meet with Boe Carlson from vers next week to discuss additional parking areas. The Three ers Park District has not ueneforward with designatingarkin in Orono but they are moving forward wr e also received a couple of letters and e-mails ft opposed to parking in the Crystal Bay area as conclusions have been. reached on the parking PLANNING DEPARTMENT p g in Mound and Spring Park. The City has in the neighborhood of the trail who are Railroad Avenue. At the present time no *4. #08-3355 CLEM L, 60 STUBBS BAY ROAD SOUTH — P E%ENARY PLAT EXTENSION — RIO ESOL N NO. 5942 Murphy moved remer seconded, to adopt RESOLUTION NO. 5942, a Resolution anting a Second Ext ion of the Preliminary Approval of a Subdivision for Property Located at Stul Bay Ro outh. VOTE: Ayes 5, Nays 0. *5. #09-3395 RALPH COLT BAGLEY ESTATE, 1105 FERNALE ROAD WEST — VARIANCE RENEWAL -- RESOLUTION NO. 5943 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5943, a Resolution Ame 'ng Resolution No. 5841, for the property located at 1105 Ferndale Road West. VOTE. es 5, Nays 0. CITY OF ORONO — ADD CHAPTER 26 TO ORONO CODE EST ISHING LICEN G OF FOR THERAPEUTIC MASSAGES CES — ORDINANCE *#10-3461 FRIES *#10-3461 LAUREN ODE/SEIDOU SALON SPA Y& CITY OF ORONO — AMENDMENTS TOC R 78 OF THE ORON ODE FOR THERAPEUTIC MASSAGE SERVICES — ORDINANCE NO. THIRD SERERS Murphy moved, Bremer seconded, to adop INANCE NO. 71, Third Series, an Ordinance Adding Chapter 31 to Title IV, Busines icens of the Orono City Code Concerning the Licensing of Massage Therapy Cent s and the Su Ordinance. VOTE: Ayes 5, Nays 0. '.Murphy moved, Bremer sec ed, to adopt ORDINANCE N 2, Third Series, an Ordinance Amending the Orono Ci ode to Provide for Massage Therapy iNwlter Uses in the B-1, B-3, and B-5 Zoning Districtsthe Summary Ordinance. VOTE: Ayes 5, 0. Page 2 of 10 CITY OF ORONO ZONING FILE #09-3395 2750 Kelley Parkway P.O. Boz 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: June 30, 2010 TO: Ralph Colt Bagley Estate COPIES: c/o Lindquist and Vennum LLP Attn: LB Guthrie 80 South 8th Street Suite 4200 Minneapolis MN 55402 TYPE OF APPLICATION: Variances DATE OF MEETING: June 28, 2010 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. A representative of the Estate needs to sign the official copies of the resolution. They can be signed at City Offices between 7:30 and 5:00 Monday through Thursday and 7:30 to 11:30 on Fridays without an appointment. If you wished them mailed to someone please contact me. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Date Application Received: 5126110 Date Application Complete: 5/UM 60 -Day Review Period Expiration: 7125110 REQUEST FOR COUNCIL ACTION Date: June 28, 2010 Item No. Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner Item Description: #09-3395 Ralph Colt Bagley Estate, 1105 Ferndale Road West - Renewal of Variances and Conditional Use Permit- Resolution Zoning District: LR -1 A (2 acres) Lot Area: 0.63 acre Lot Width: 0 feet List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice dated June 22, 2010 C. PC Memo & Exhibits of June 21, 2010 Application Summary: The applicant requests renewal of variances and a conditional use permit granted to allow construction of a replacement residence. The variances include lot area, side setback, lakeshore setback and hardcover, The conditional use permit allowed rearrangement of the floodplain on the property. Planning Commission Recommendation On May 18, 2009, Planning Commission voted 5 to 0 on consent to recommend approval. Planning Staff Recommendation Approval of the renewal per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. Council Exhibit A A RESOLUTION AMENDING RESOLUTION NO. 5841 FILE NO. 09-3395 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin and Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, expect that part embraced in Registered Land Survey No. 902, Registrar of Titles, County of Hennepin. Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, on June 8, 2009 The City Council of the City of Orono adopted Resolution No. 5841 granting the Property lot area, lot width, hardcover, side setback, lake setback, and floodplain setback variances as well as a conditional use permit for floodplain rearrangement including earthmovement within the lakeshore setback so that a replacement residence could be construed. The approval remained valid if a building permit for the residence was issued by June 8, 2010. WHEREAS, since a building permit has not been issued the Owner has been has made application to the City to renew the approval, with no change in the plans; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on June 21, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Immediately following the public hearing the Planning Commission recommended approval of the application by a vote of 5 - 0. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that Resolution No. 5841 is amended to change the deadline for obtaining a building permit to June 28, 2011. Resolution No. 5841 otherwise remains in effect. ATTEST: Adopted by the Orono City Council on this 28th day of June, 2010. Page 1 of 2 Linda S. Vee, City Clerk James M. White, Mayor The Estate of Ralph Colt Bagley, deceased. By: STATE OF _ COUNTY OF This instrument was acknowledged before me this day of , 2010 by the of the Estate of Ralph Colt Bagley, deceased. Notary Public Page 2 of 2 Council Exhibit B CITY OF ORONO ZONING FILE 09-3395 2750 Kelley Parkway PO Boz 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: June 22, 2010 TO: Ralph Colt Bagley Estate COPIES: c/o Lindquist and Vennum LLP Attn: LB Guthrie 80 South 8t' Street Suite 4200 Minneapolis MN 55402 TYPE OF REQUEST: Variance and Conditional Use Permit Renewal DATE OF MEETING: June 21, 2010 Planning Commission recommended approval VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council — June 28, 2010 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Council Exhibit C Date Application Received: 5126110 Date Application Considered as Complete: 5126110 60 -Day Review Period Expires: 7125110 To: Chair Kang and Planning Commission Members From: Evelyn Turner, City Planner Date: June 21, 2010 Subject: #09-3395 the Estate of Ralph Colt Bagley, 1105 Ferndale Road W - Renewal of Variances and Conditional Use Permit - Public Hearing ------------------------------------------------------------------------------------ Zoning District: LR -1A (2 acres) Lot Area: 0.63 acre Lot Width: defined width 0 feet Application Summary: In order to construct a replacement residence the Applicant requests renewal of the following variances: • lot area, • lot width, • side setback, • lakeshore setback, • floodplain setback, • hardcover in the 0 to 75 foot zone as well as a conditional use permit to rearrange the floodplain on the property. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections 78-305 Lot Width, Area and Setback 78-1279 Lakeshore Setback 78-1119 Floodplain Setback 78-1288 Hardcover 78-966 Land Alteration Exhibits A. Application B. Resolution No. 5841 Granting Variances and Conditional Use Permit (File No. 09- 3395) Discussion Since the variances and conditional use permit were granted there have been no changes in the code provisions applicable to the property or this application. Staff Recommendation Planning Department Staff recommends approval of the variance and conditional use permit renewal. City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 PC Exhibit A Application # File No. 09-3395 Date Received.? Ci Staff : r,: -A- Fee: $70 (Rre $35(r , - -$1,400 double fee Escrow Fee: $2,500 new home / addition 1 new structure $ 600 other variance This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 1105 Ferndale Road West Property Identification Number (PIN): 02-117-23-43-0033 Date Property Acquired (month/year): 12/1974 ❑ Yes, I own the adjacent parcels. Zoning District: LR -IA APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: The Estate of Ralph Colt Bagley Phone (home): Phone (work):(612) 371-3942 Complete Address: c/o Lindquist & Vennum P Attn: LB uthrie 80 6 8th St., Suire 4200 City, State & ZIP Minneapolis, MN 55402— Email: .com Fax: (612) 371-3207 OWNER INFORMATION: Name: The Estate of Phone (home): Complete Address: SAME As ABOVE City, State & ZIP Email: (Complete legal names and marital status required for each interested party) Ralph Colt Bagley Phone Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): The existing CUP/variance contained in Resolution No. 5842 (File No. 09-3395) runs with the land but expires June 8, 2010, unless a building permit is issued prior to that date. It was intended that a- new buyer would apply for the buil ing permit, but with the real estate market ex erienced in the last year, such a buyer has not yet surfaced: Accordingly the estate would request that the June 8, 2010 date be extended to June 8, 2011. Last Updated: 5/11/2009 MAY 2 7 2010 CITY OF OONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. En+iwlosed �- Not A 'pIlcable ❑ ❑ Escrow Agreement signed 7—no ❑ . _ . E$crOw r4m-yed ❑ ❑ Pre-A2plication Form R a ❑ ° . .,. �► lication Form S Q ❑ Hardship Documentation 77157 , C7..' Certified Pro " rt Qwne,rs.List .-`. ❑ ❑ Survey (meeting ALL requirements shown on pages 5 -"6 Ca ❑ Pro od Plans ti ❑ t] Hardcover Calculation(s) .❑ S. tEd SsteM' SFte `Evaiiaatlprf Re cit ; - ❑ ❑ 1 Wetland Delineation p ® �'Ve land l3 f e ya uatton.: ❑ ❑ Buffer Improvement Plan zsl APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and _ E • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. The Estate of Ralph Colt Bagley Applicant's Signature: 1AF 42y�h Date: Applicant's Signature: t�n e Date: Owner's Signature: Owner's Signature: Date: Date: -- - RECEIVED MAY 27 2010 Last Updated: 5/1112009 CITY OF ORONO � q5o -75- PC Exhibit B A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-305, 78-1279, 78-119 AND 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 09-3395 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 5 A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-305, 78-1279, 78-119 AND 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 09-3395 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin and Tract A, Registered Land Survey No. 441; Files of Registrar of Titles, County of Hennepin,- expect that part embraced in Registered Land Survey No. 902, Registrar of Titles, County of Hennepin. Hennepin County, Minnesota (hereinafter "the Property"); and and WHEREAS, George N. Bagley is the Personal Representative of the Owner; WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required; and WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required; and WHEREAS, George N, Bagley has made application to the City for a variance to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1119(a) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required; and Page 1 of 6 \1- AN�tlllvj CITY of ORONO RESOLUTION OF THS %TLL}}�f jOUNCIL NO, ��jj WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed; and WHEREAS, George N. Bagley has made application to the City for a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 18, 2009, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS i. This application was reviewed as Zoning File #09-3395. 2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.63 acre in area and 0 feet in defined width. 3. The Planning Commission reviewed this application on May 18, 2009 and on a vote of 6 - 0 recommended: a. Approval of the variances, based on the following findings: The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. ii. The lot is provided with City sewer. iii. The owners are not able to acquire additional property to meet minimum lot width and area requirements. Page 2 of 6 14�- N 6PI/i CiTy0f ORONO RESOLUTION OF THE CITY COUNCIL NO. g iv. A house has existed on the lot for many years. V. No alternative location exists for a house as no part of the property is outside the 0 to 75 foot zone. vi. The new house will be properly elevated out of the floodplain. The garage, laundry room and crawlspace of the existing house are below the floodplain elevation. vii. The amount of hardcover will be reduced and partially mitigated by the use of permeable paving materials and lakeshore buffering. b. Approval of the conditional use permit based on: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. While the grading will require the removal of a number of large trees, there is no practical alternative to elevating the driveway on fill and no other location on the property to provide the compensatory flood storage capacity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CITY ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 84 1 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants the following variances: • to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required, to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required, • to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required, • to Orono Code Section 78-1119(a) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required, and • to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Council approval is for construction. of a new structure on the existing foundation, modified as described in the attached as Exhibit C. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 84 1 3. Hardcover in the 0-75' zone shall be limited to 6,684 square feet impermeable and 2,215 permeable per the proposed site plan and hardcover allowance summary as depicted on Exhibit D. The Owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. A lakeshore buffer shall be maintained in the area shown on Exhibit A and subject to a protective covenant. The buffer shall be improved according to the standards for a wetland buffer found in Orono Code Section 78-16-5(b) subject to approval by the City's wetland consultant. 5. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non -hardcover surfaces. 6. The Property shall be one tax parcel. The Orono City Council grants a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zonc in order to rearrange the floodplain on the Property, subject to the following conditions: 1. Council approval is based on the grading and floodplain mitigation plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit E. Any amendments to these plans may require further Planning Commission and City Council review. 2. Trees shall be planted and maintained per the planting plat attached to this Resolution as Exhibit F as annotated by Staff. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before June 8, 2010 or the variances and conditional use permit will expire on that date. These variances supersede the variances granted for the Property by Resolution No. 1614. 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 Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.. 5 84 1' herein, and shall be punishable as a misdemeanor. The undersigned Owner has read, understood and hereby agreesto the terms of this resolution and on behalf of its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this Sth day of June, 2009 :•art � ;',� y" bP � ',!d • • fY �f Ji ,. 4{"4�;Y I — �YS, V'✓"^.�� WF�L'w.�r /a'r c ��r.v+C1 `.'Clerk aures M. White, iVlayor �.'YSR ai The s to Ralph Colt B ley, eceased. By George X. Bagley, Personal R presentative STATE OFj P COUNTY OF This instrument was acknowledged before me this 01kt day of 2009 by George N. Bagley, Personal Representative of the Es ate of Ralph Colt Bagley, .3 . 1 1 cc JEFFREY H. GAGE ;Votary Public Idly Comm. Expires Jan. 31, 2012 Page 6 of 6 N � 24 40 60 SCALE IN FEET • FOW0 RYON k"VI Wl C1 $rT IRON MONUMENT MARKEV WN UCEM$ AVMBU 44127 �IE1e9E1R�{ Zpp3 M yEET f1LRMA 1999) xvm rwwRuavg yaT xrRlnwhar sbSTEbe Q REyaeE.RlE P„»---� l� Z C0 zz 9a UJ w Qm J Exhibit A 5841 PROPOSED SITE CONDITIONS FOR LEGEND \ \' �COLDWELL BANKER BURNET ® Nk cpER \ a EL n MET uni METER D wuEIER \ \ 11 U., R9aE f— tvI -RE ��� \ •,\ m W.LReoGTmu 90x m ELECTRIC em \ \ ••\ Joh TREE \ \ —axR� a.,.R Q VERS �\ �\ \ •,\ P01 E0111 - x9305 lE FLWR ELEVAgx f EriSRNC CONT uR LNE \ \\ \ \ eIRIxRNous suRFerF \ 6oxaiETE WRFMd 0 EMuvEI g/RFV[f \ RIRRAR C� RmMEb91s bnwwc/M9me0E Ilk LAGOON 1 .r III ,P 9Q•S,'1�4'- r-9LV FT. ak. r -a �- �eFnr39MRx r Y LEGAL DESCRIPTION: Treat A. INpbd lax Th'meT MR, MT. FEw of 011mbr of mm QWLY m R--pb,' v t Not bon .booed h R.bl.tnTRA Lme 916'TMY xo, 9m, Fl M R.9. a 11%bb. Toot A Dna C. RebbaF.e bne E,xY.Y N. 90; n. M M..._ .I lfa.c Ce , of X_VM. R"—, P-1%, u ..�_ by CanIRaRL. 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M TW Mn, .—m NOTES: .ntaThO,. v"�x.a"� no.• a°�b.omptbµ a m u. awMm..L.n n�—or,.Y IMe of b.ndde reme M... a.c`Me oa mbar � wt L Th. lolnl >w of we pFop�LY a..c@.d h—'. 2T.ERs bplon f..t R'.I.Rm oar. 3. llm l.pol aeoopOm mtl bomxnL Momaum a.Rtl h N. PnpemOm o< W. may M Oaue a bla CRmxlM,enl la Tm. ;nNrmp pnpmee by L..r.• IRb Imxrme CupRrvlb by la .bmf B+e.t lld.. Cen..Jbn.nl Nn 9-0IaeT .ne.Lh ,Imlay 9, m09 eL hhp h,M. .. EN149 aMMb xrRlc.. and nr,amaja,o .WeWrx .vq hRrun wn l.Fdbe e111� yhMloar. hem .YYLbTp tec.F• modeeRN.hl. m w or by,Wlmt le.11rllorry. 01n.. IAllltln otl .cNea mer a pnbmt 1MRoaMm me +.wetxn of d, M— utAOr me er,n.� .h.alp w ebt.h.6 trb„ N..mw. b be �R..Wm Wkb FRh w mT a.rby gomhR w bwc �iP ..i -t tl•n�.-J� Yy� jyee�_Y- ,Yf■ •-yam i=O�ii= , .:m ::l :.i o.�ifely�� _ 'tial Grp_ •,'wjF, era—vl-f i rrla: • ara '.MEN. irn•! grli; Iwjrili�ili!• Orli. `a r 'iftii•! _■ Erle la eta ■4� ie�;� r�o' � r.�Y•si BEEN ■moa May 12, 2009 350 Hwy. 10 South, Suite 101, St. Cloud, MN 56304 (320) 259-6575 • Fax: (320) 259-6991 e www.duffyeng.com Coldwell Banker Burnet Attn: Dexter Andrews 201 East Lake Street Wayzata, MN 55391 Exhibit C 594,-71 Project: 1105 Ferndale Road, Orono, MN Re: Proposed demolition of existing house and rebuild on existing foundation. Dear Dexter: I inspected the above property on Janua,-y 7, .2009 to determine if the existing foundation and walls can support a new structure after rernoving the existing residence. I also reviewed the glans provilded by Autumn Design (dated 11121 M). The existing construction of the property is a single story woad framed house with masonry (concrete block) wall crawl space foundation. The existing foundation is suitable for support of the new proposed two-story house. The new structure should have an interior beam line to support the main floor with the exterior waft used to support the second floor and roof framing. The existing foundation walls should be repointed in areas where cracking has occurred and stair step cracking areas shall be reinforced with #5 dowels grouted into vertical cores at the crack in the south -each corner and any other areas of stepping cracks of the wall. Please provide the proposed plans (including floor and roof truss shop drawings) so I can size the interior footings to minimize differential movement between the new footings and existing foundation. The plans I reviewed from Autumn Design show new foundation for the porch on the west end of the building. In this area there is a perimeter foundation wall in place. It is my recommendation to use the existing foundation and add interior footings as needed to support the floor instead of providing new piers and footings as shown on the current plan. On May 8, 2009 1 was informed that the main floor level will have to raise 2.6' per the city of Orono. The existing foundation is sufficient to support this change. This would be best accomplished by adding 3 courses of concrete block to the top of the existing wall. Please feel free to share this letter with the local building official and builder as required. You may contact me at (320) 259-6575 if you have any further questions or comments regarding this matter. Xn avert, P.E. Project Engineer, Duffy Engineering & Associates, Inc. I hereby certify that this Plan, specification or report was pmpared by me or imder my direct supervision wid that I am a duly licensed 1 . r hitt wwr t der the laws ar the State of Minnesota. i I I 'kya J . Seavert, P.E. 5/1212009 No. 41,971 Exhibit D X84.? Hardcover 0-75' zone Property Address: 1105 Ferndale Road West HARDCOVER EXISTING PROPOSED Impermeable Permeable Total sq.ft. sq.ft, sq.ft, sq.ft. House 3,360 3,393 0 3,393 Driveway 4,586 2,902 1,339 4,241 Sidewalk 137 0 174 174 Patio on lake side of house 702 0 702 * 702 Patio on south side of house 240 0 0 0 Pumphouse 14 14 0 14 Dock Landing 193 193 0 193 Retaining Walls 69 182 0 182 TOTAL 9,301 6,684 2,215 8,899 reduction 402 Permeable when existing patio is replaced IV 19 pill s.41 igeo¢ o a o ' �o z ca the E ? .1 a 41 H S fill I IIi �2*4 a N pN3 C a® Eg �' $ p ' •' y '`,' .` 0 B o z = all p� g be6e ge63 ee6y�{, -� LL 41W� Eb Itb EE �t6 $'� 1 h Y�'.�'' 'C, <z J I to O 1 1110 �!!di 1g a ' r°x •• a4 'i 'ha..�1 •a l . � . 4i 01� iy y 1^9y a .4'a i Lei O Z r / g 'd* _ •�S''•y1' a � �`�� �� � � r i QLu 12 Lj o� - kms : nWv VMN013NN19Y3XV1 $ A Exhibit E 113 0 / LLL § b&.9 . .2 2 L �2 L� ' E \§ k�§�ƒ 00 $� §� K� k 02 §[ § C4 ri IF � CN II Exhibit q5 m ri INA, A z lk 0 0 < ri INA, A lk •% VIE MIR j ;g Ali R ANN!! F EMH Rd 4.' Xg . . . . . . . . . . . . . . Vow I. -.,i u �c MAR, o epf� --- --------- in r Exhibit E 584 M < 9 e SNMOUS) VMNO13NNIW 3XV1 Exhibit E 584 f•7 , r# Lir w��j it —}��Le C4 Cl ' Q Q � I,y1, � �I ' i c3 t� :., ,°�� �".�a;.�°".: a:r�',47: f��;•::n: 10, ��}} 1 1 • r f F/ / /r I IV t v O d 00 C boo 46o'a�ooee ^• �� • '.. C7 B n oe�s H LN zz � z 0 � (Jibs SNMoa9) Z f VVV i IV t v O d 00 C boo 46o'a�ooee ^• �� • '.. C7 B n oe�s H LN zz � z 0 � (Jibs SNMoa9) Z MINUTES OF THE ORONO PLANNING CO_-NENIISSION MEETING Monday, June 21, 2010 6:30 o'clock p.m. (#10- 73 Cl OF O N MENT TO - 24, UD CO O USES, Plan Co issio eing av able for Council review f ossible inclusion e dr of the ame went. VOTE: Ave , Nays . *3. #09-3395 RALPH COLT BAGLEY ESTATE,1105 FERNDALE ROAD WEST, VARIANCE RENEWAL final Kang moved, Schwingler seconded, to recommend approval of Application #09-3395, the Estate of Ralph Colt Bagley, 1105 Ferndale Road West, granting variances to lot area, lot width, side setback, lakeshore setback, floodplain setback, and hardcover in the 0-75 foot zone. VOTE: Ayes 5, Nays 0. *4. #10-3469 FRANK MASSERANO ON BEHALF OF INTERNATIONAL MINISTERIAL LLOWSHIP, 2477 SHADYWOOD ROAD Kang\oved,Schwingler seconded,to recommend approval of Application #10-3469, Frank Massbehalf of International Ministerial Fellowship, 2477 Shadywoad Road, co cial site pw and setback variances for the proposed trash enclosure building. VOT Ayes 5, Nays 5. #10-3470ATEPHEN & PAMELA WILSON, 3508 IVY PLACE, PART L RIGHT-OF- WAY VACATION, :53 P.M. — 7:39 P.M. Pamela Wilson, Applican and Kate Kelly, Real Estate Agent, we/presenTurner stated the applicant is r uesting partial vacation of the uneet right-of-way (fire lane) that lies between 3508 Ivy Place d 3486 Ivy Place. The unimproved street right-of-way s created in 1881 aseaplteoA f the Spring Park subdivision. On the plat it was named Maple Avenue. Irt 18 , six lots along venue Northwest of the right-of-way and some additional property were replatti applicant's property is 1.5 lots in Taylor's different subdivisions. Since they were oz potential interest in the right-of-way. s Subdivision of Spring Park Lots. The This places 3508 and the right-of-way in of the same subdivision, the owner of 3508 has a 3508 and 3510 Ivy Place functions as one roperty even ough they are two tax parcels. 3508 contains the primary dwelling, which is located both tax parcels. 510 Ivy Place is a small secondary dwelling located near the roadway on the no erly tax parcel. 3508 w constructed around 1950. 3510 was added sometime before 1960, The earliest reZencroent into the right-of-way is in May 81, when a notice was sent to Mr. Wilson regardione in the right -of --way without city pe ssion or permits. The work included gradied a culvert and restricted drainage throug he right-of-way as well as tree and brush ors were concerned that access to the lake w being made more difficult. The grading se corrected by July 1981. Page 5 newsipaiDers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth, Wayzata, Orono Sun -Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat, §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaperls) once each week, for one successive week(s); it was first published on Thurs- day, the 10 day of June 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of ,2010; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to or affirmed before me on this 10 day of June , 2010. v Notary Public JULIA I HELKEN NOTARY Pt3BLiC - htifVNEsOTA [dy Ca:wn.'Expirea dan. 31. 2015 City of Orono (Official Publication) 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will ho?d public hearings In the Orono Council Chambers at 2780 Kelley Parkway on Monday. June 21, 2010, begin- ning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests: 09-3395 Ralph Colt Bagley Estate, 1105 Ferndale Road w, R -1A zoning district, requests renewal of the previously approved lot area, side setback, lakeshore set- back and hardcover variances as well as the conditional use permit to allow rearrangement of the f€ocdp!ain on the property in order to construct a replacement residence. 10-3454 City of Orono proposes amendments to the single fami!y residential zoning districts to revise the a! - lowed conditional uses in each zoning district and to add criteria for conditional uses. Tre code sections are 78- 228,78-253, 7B -303,78 -328,7B -348,78 -367,78-393,78- 418, 8-303,78-328,7B-348,78-367,78-393,78- 418, and 78.442. Consideration Oil aiso be given to elim- inating the RR-' B-1 zoning district (code sections 78-441 though 78-444). 10.3460 Corn.moiBond Communities Is requesting preliminary plat and RPUD concept pian approval In order to develop 38 -units of workforce housing on properties di- rectly behind and north of the Long Lake Fire Station No.1 on Willow Drive. Properties are currently zoned RR -1 B and are currer•:t:y guided for single family use at a density of 2-3 units per acre; tris property is being re -guided in the 2010-2030 Comprehensive Plan update to allow multi. family use at a density of up to 15 -units per acre. 10-3467 Steven Schussler and Sunhl Ryan, 1935 Con- cordia Avenue, LR -1 C zoning district, request a variance to have hardcover In excess of tate a'lowed 25 percent in the 75 to 253 foot zone in order to construct an attached garage. 10-3469 Frank Masserano on behalf of International Ministerial Fellowship, 2477 Shadywood Road, B-4 zon- ing district, requests a variance to allow a trash enclosure to be constructed between the principal structure and the street. 10-3472 welsh Senior Housing, 875 Wayzata Boule- vard West, RR -1B zoning district, requests the following: a Comprehensive Pian Amendment to allow a building footprint of 25,814 square feet where a 20,000 square foot building footprint is allowed; RPUD ConceptlPreliminarg Pian approval In order to construct a 55 -unit, 46,349 total square foot, senior living facility; and a re-zon!ng of the property from RR -1 B to RPUD multi-faml!y, 10-3473 C!ty of Orono, proposes amendment to Orono Cade Chapter 78 to revise the list of allowable uses in the Residential Pianred Unit Deve!opment (RIPUD) District by adding "Assisted L[ving Facilities" as a conditional use. 10-3475 Judson Dayton, B25 Old Crysta; Bay Road South, LR -1 A zoning district, requests a variance from the average setback requirement for Lot 1 and Lot 2 of the re- cen_ly prel€minar!ty approved plat. The request Is to allow construction of a new residence up to the 75 -foot Lakeshore setback on both lots. AH persons wishing to be heard are encouraged to attend this meeting, This % not a final or complete agenda and is subject to change prior to the hearing. Written com- ments are accepted and should be submitted to the City of Orono by, June 15, 2010, If possible. Interested Per- sons may revlew the application at City offices. For or. ap- pointment, oieass tail (952) 249-4620. City of Orono By: Planning Corm^, sslon Melanie Curtis, P:ann!ng & Zoning Coordinator (.lune 1.0, 201,0) A2 672'. Planning Comm. Requests ERROLJCHUGG 1080 FERNDALE RD W WAYZATA MN 55391 JONATHAN & SARAH LEBEDOFF 1101 FERNDALE RD W WAYZATA MN 55391 KATHERINE M FOX c/o B C FOX 1095 FERNDALE RD W WAYZATA MN 55391 1165 Ferndale MARY J BOWMAN 1851 GULF SHORE BLVD N #16 NAPLES FL 34102-4930 For 1105 ferndale Estate of Ralph C. Bagley c/o GEORGE BAGLEY 602 CARTER ST NEW CANAAN CT 06840 JAW I ml S vkq aD upd C,. RECEIVED MAY 2720110 CITY OF ORONO LINDQVISTWENNUM, LB Guthrie (612)371-3442 Iguthrie@lindquist.com www.lindquist.com May 25, 2010 City of Orono Attention: Evelyn Turner P.O. Box 66 Crystal Bay, ivi'N 51,323-0066 Re: 1105 Ferndale Road West, Orono, Minnesota File No. 09-3395 (Renewal of CUP/Variances) Dear Ms. Turner: • Denver 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2274 Phone: (612) 371-3211 Fax: (612) 371-3207 Enclosed is a renewal Variance Application requesting that the authorities granted by Resolution No. 5841 (File No. 09-3395) be extended for one year. Also enclosed is a check in the amount of $350.00 to cover the renewal fee. Please contact me if you have any questions. Very truly yours, LINDQtiIST & VENNUM PLLP LB Guthrie LBG jag Enclosures cc: George Bagley (w/o encl.) RECEIVED MAY 27 201u DOCS -43246341-v1 CITY OF ORONO =r - ;. CITY of ORONO ,' " t, yFr Municipal Offices Street Address: Mailing Address, $�+g 1 0 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 July 9, 2009 Hennepin County Uovernment Center Department of Property Tax and Public Records Attn: Jim Holan, ID Controller A-607 Minneapolis, MN 55487 Dear Mr. Holan: Enclosed is a request for combination two tax parcels. This combination is a condition of a recently approved variance. If you have any questions feel free to contact me. Sincerely, Ev yn Turner City Planner 952-249-4623 eturner@cL orono.rnn.us Telephone (952) 2494600 - Fax (952) 249-4616 www.ci.orono.nm.us Hennepin County Property M Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2009 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed 9y an accurate survey performed by a licensed land surveyor, The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this Information or its derivatives. LSNc.�;44� TRACT A 1105 1D Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): PART OF (23) Date Printed: 6/18/2009 12:23:26 PM Current Parcel Date: 6/4/2009 Sale Price: Sale Date: Sale Code: Area (acres): The e rev^ 1 5 4 c A6inc '� A -T -B: r� "f C Market Total: jv% "o cme sd -th� Com! bAe_ ,V.OIAJ Tax Total: 1 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0711723440052 6/18/2009 11111111111111111111111111111111111111111111 Doc No T4669043 Certified, filed and/or recorded on 7121109 4:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 556312 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 645075 This cover sheet is now a permanent part of the recorded document. laq50-75 A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-305,78-1279,78-119 AND 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 09-3395 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.. 584 A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-305, 78-1279, 78-119 AND 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 09-3395 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin and Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, expect that part embraced in Registered Land Survey No. 902, Registrar of Titles, County of Hennepin. Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, George N. Bagley is the Personal Representative of the Owner; and WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200'feet of width are required; and WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 781119(a) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required; and Page 1 of 6 CITY of ORONO RESOLUTION OF THt TIJOUNCIL NO. WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed; and WHEREAS, George N. Bagley has made application to the City for a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 18, 2009, at which times all persons desiring to be heard concerning this application were given the opportunity to spear thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #09-3395. 2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.63 acre in area and 0 feet in defined width. 3. The Planning Commission reviewed this application on May 18, 2009 and on a vote of 6 - 0 recommended: a. Approval of the variances, based on the following findings: i. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. ii. The lot is provided with City sewer. iii. The owners are not able to acquire additional property to meet minimum lot width and area requirements. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -5 84 1 iv. A house has existed on the lot for many years. V. No alternative location exists for a. house as no part of the property is outside the 0 to 75 foot zone. vi. The new house will be properly elevated out of the floodplain. The garage, laundry room and crawlspace of the existing house are below the floodplain elevation. vii. The amount of hardcover will be reduced and partially mitigated by the use of permeable paving materials and lakeshore buffering. b. Approval of the conditional use permit based on: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. While the grading will require the removal of a number of large trees, there is no practical alternative to elevating the driveway on fill and no other location on the property to provide the compensatory flood storage capacity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 4 1 6. The City Council finds that the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants the following variances: • to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required, • to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required, • to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required, • to Orono Code Section 78-1119(x) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required, and • to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Council approval is for construction of a new structure on the existing foundation, modified as described in the attached as Exhibit C. Page 4 of 6 a � 0No Aq 6��i, CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 5 84 1 3. Hardcover in the 0-75' zone shall be limited to 6,684 square feet impermeable and 2,215 permeable per the proposed site plan and hardcover allowance summary as depicted on Exhibit D. The Owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. A lakeshore buffer shall be maintained in the area shown on Exhibit A and subj ect to a protective covenant. The buffer shall be improved according to the standards for a wetland buffer found in Orono Code Section 78-16-5(b), subject to approval by the City's wetland consultant. 5. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non -hardcover surfaces. 6. The Property shall be one tax parcel. The Orono City Council grants a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property, subject to the following conditions: 1. Council approval is based on the grading and floodplain mitigation plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit E. Any amendments to these plans may require further Planning Commission and City Council review. 2. Trees shall be planted and maintained per the planting plat attached to this Resolution as Exhibit F as annotated by Staff. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before June 8, 2010 or the variances and conditional use permit will expire on that date. These variances supersede the variances granted for the Property by Resolution No. 1614. 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 Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO., 5 84 1 herein, and shall be punishable as a misdemeanor. The undersigned Owner has read, understood and hereby agreesto the terms of this resolution and on behalf of its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. ,,�, Adopted by the Orono City Council on this 8th day of June, 2009 1kz The—F-syte qyRalph Colt By George N. Bagley, Pt ve Aa00--4- ;�W. ames M. White, Mayor STATE OFy s COT OF , ' This instrument was acknowledged before me this -1; day of 2009 by George N. Bagley, Personal Representative of the Estate of Ralph Colt Bagley, �_. O JEFFREY EY H. GAGE n "' �G �,'• C$. ° O " }.. �HEEC Notary Public My Comm. Expires Jan. 31, 2012 f�P,.1-�:�4 �_ : Page 6 of 6 N a 20 40 66 SCALE IN FEE; • Fo-' M IRON MOlJVMENT • :17'RON MON(JAIENF MARKED IIr7h' LICENSE MIMBER 44173 IMF dEVA1f(M AS pF AYINEYHW (Mama cmaxa ruv) doom FwIFN, 1(riP RrAYAGe a >�TAAuaR,- Y 2 Om LU y ZZ Z I0 am J Ula+htn pgha,s V*e. i_ d4,Lt*aj p". f:Q+ e`�f ev. S / 2'7/of LEGEND I& MR f WMNER 18 ELECTRIC Nmk Q GIS YE1ER -O .—mE ¢ IFNRANT tL pRutr Fp1L F GUY WE 0 CpuuUNlCanpN 901f m F1ECNIc Fpx ®a® CATCx BaSN �pR Tf�E —emr— p�ERNEAp NNE •aml fpr ELE14RCu eBP0.d FE F— ELEYATIW 91P'' Fw--m CG 7 L O RNUNINCUS 5URFACL CdICRET[ SINFACE —WL SURFNCL m. ��''QQD�33ppIIII S70M YI11N QIIlialLlll� FLRNEA FAMNG/SURFACE Exhibit A PROPOSED SITE CONDITIONS \ FOR \COLDWELL BANKER BURNET , �9��° \ 3 LEGAL DESCRIPTION: m Rdd~.IF.rN.yS Lamin dd Si�mdr r' FYrI'a ° n TM.a TNu. CwmLr ul NrrnF'e1 ell Ihne Vert w�5reutl •ruse A aad r RrGhF Lmh S l Nn RVr. —1 a R.eN r aF WV t MT uN ._h RepYbred l—.1% w —..d by CrCNmre I IW No. M75 NOTES: F h1; mrlmed W FFar o bmrhp fa lmrinhu pIF rcullnrhrir dlht—oh Ice of FmWol. —d YWl FSrwF o! mcuue 39 z m. mm Rrse or u. RreFertr deerlbetl Nuveen v sla paer. F•e! a 0.V53 Nn«. Canerdfmmt forFTWUN erre VrgvWbgl Lary n� cw�mw GcrVernllon by Iq�iW Blmel �IlY4 CwnnMnxnl Na. 1-0ul eft". 4rlNory R in0tl0➢rpem!T.N AAL 1� mtl y reads mode oFdlohke los oe c�M rm2m[ lrnna} mU u1Rpr ad aWs.h. tlmmvwF be yyFh F ealLeh V.r'Rwlloi is M of kl ulElpw end eeMFY ehaea fA rckW Vvn qe omen of me rep�llw ulRlf� ala lR lbr detlV; L L \s"���R\I.-- _ i_. ell :1�"�-I ]ll �11 I�� II ;_.■rl NW;K; F�W -- ,__ :___.:�__�_ RI f{� I I I I IIS I _;.= .-I MI �{I \r!�_ ar-� a W Mum LI LE lawnIpa mum mv.!R= amm mum mum. II� I I il�s� > IZ01.f 4I II Annuls qujjkIfmjlj, EE m 1.5 _08-t VU! 0 1V T mamr LE z -:��___ ljibI fj1�{I�'31fIa iy�� Illi:,._: _..■.�__, am - {k lel, �, ��I� ��fle�r��, I q, � ..:,�:e■:, ." ONE!- Is Is now i:.::lry':'.=e:.�.:1.=._ � '�I,� 1I�� ►�lli���t��, +■�e�'I �I � ., ti May 12, 2009 �, Exhibit C f2�lwK-47e ms. e- . 350 Hwy. 10 South, Suite 101, St. Cloud, MN 56304 (320) 259-6575 - Fax: (320; 259.6991 - www.d.ifl'yeng.coin Coldwell Banker Burnet Attn: Dexter Andrews 201 East Lake Street Wayzata, MN 55391 584,11 Project: 1105 Ferndale Road, Orono, MN Re: Proposed demolition of existing house and rebuild on existing foundation. Dear Dexter: 1 inspected the above property on January 7, 2009 to determine it the existing foundation and wails can support a new structure after removing the existing residence. I also reviewed the pians provided by Autumn Design (dated 11/`21108). The existing construction of the property is a single story wood framed house with masonry (concrete 'block) wall crawl space foundation. The existing. foundation is suitable for support of the new proposed two-story house. The new structure should have an interior beam line to support the main floor with the exterior walls used to support the second floor and roof framing. The existing foundation walls should be repainted in areas where cracking has occurred and stair step cracking areas shall be reinforced with #5 dowels grouted into vertical cores at the crack in the south -each corner and any other areas of stepping cracks of the wall. Please provide the proposed plans (including floor and roof truss shop drawings) so I can size the interior footings to minimize differential movement between the new footings and existing foundation. The plans I reviewed from Autumn Design show new foundation for the porch on the west end of the building. In this area there is a perimeter foundation wall in place. It is my recommendation to use the existing foundation and add interior footings as needed to support the floor instead of providing new piers and footings as shown on the current plan. On May 8, 2009 1 was informed that the main floor level will, have to raise 2.6' per the city of Orono. The existing foundation is sufficient to support this change. This would be best accomplished by adding 3 courses of concrete block to the top of the existing wall. Please feel free to share this letter with the local building official and bulider as required. You may contact me at (320) 259-6575 if you have any further questions or comments regarding this matter. Sin y yan, eavert, P.E. Project Engineer, Duffy Engineering & Associates, Inc. I hereby certify that this plan, specification or report was prep wrd by me or under my direct supervision and that I am a duly licensed 777 the laws of the State of Minnesota. ya . Seavert, P.E. 5/12/2009 No. 41971 Exhibit D Hardcover 0-75' zone Property Address: 1105 Ferndale Road West HARDCOVER EXISTING PROPOSED Impermeable Permeable Total sq.ft. sgft sq.ft. sq.ft. House 3,360 3,393 0 3,393 Driveway 4,586 2,902 1,339 4,241 Sidewalk 137 0 174 174 Patio on lake side of house 702 0 702 * 702 Patio on south side of house 240 0 0 0 Pumphouse 14 14 0 14 Dock Landing 193 193 0 193 Retaining Walls 69 182 0 182 TOTAL 9,301 6,684 2,215 8,899 reduction 402 Permeable when existing patio is replaced �p d O p . w S z a J z as O J i Oa U- -1Z 0 c� o zE a� Exhibit E '13 0 § Exhibit E q5 INS kr INS rc � Ni0 0 12 r � J ] OT' 6 XQN g ------------ke Exhibit E �3 84 H = \ rhe s o 4� �ilk in o o.n ••_ ., I19Filla m¢ Jl'd8 SNMONS) ' VMN013NNIW 3NVI XQN g ------------ke Exhibit E �3 84 in o o.n m¢ Jl'd8 SNMONS) ' VMN013NNIW 3NVI XQN g ------------ke Exhibit E �3 84 r V3 4: 4� Z d O ij lu Ll J .0 Jr - 4 +• r I L a � � I �� x'11 ��.' .•a'�. w:ZIA\\ k,tIR/\ z Z CW z �v Ed aO Z I 16 a1 I [TF �� x'11 ��.' .•a'�. w:ZIA\\ k,tIR/\ z Z CW z �v Ed aO Z v Exhibit F Ed l \\ �j 16 a1 I Exhibit F l \\ �j CI I I 9 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on rune 8, 2009 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this l day of , 2009. IVW4,& J -Ad M nica Fadness, Administrative Assistant CITY OF ORONO ZONING FILE #09-3395 2750 Kelley Parkway P.O. Boz 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: June 18, 2009 TO: George Bagley COPIES: Robert Mitchell 602 Carter Street (by Dexter Andrews New Canaan CT 06840 email) Brent Peters Troy Gamble TYPE OF APPLICATION: Variances DATE OF MEETING: June 8, 2009 VOTE: 4 FOR 1 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please sign the enclosed resolutions before a notary and the tax parcel combination form. Return the combination form and both copies of the resolution in the envelope provided. We will mail you a copy of the resolution once it has been recorded. 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 must be obtained no later than June 8, 2010. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952249-4623. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o'clock p.m. (FbP,LIC COMMENTS, Continued) Albers poz d out the signs need to be ordered by June 20, so the Chamber wool e to have the Orono Counci on this issue promptly. In addition, the members of the Ch er feel changing the name of the road is onissue. Albers stated there was a cho between local signs and business s' s that they were able to choose from. Wysocki stated the county would also be miles prior to the Orono/Long Lake exits. an upcoming business district a few Murphy stated he would recommend that OT re to the sign near the curve on 394 shortly before the exit into Long Lake. Randy Gilbert, Long Lake Mayo fated the Chamber did speak be e the Long Lake City Council regarding this issue. Gilbert i icated the City has a resolution ready to e adopted at their upcoming meeting, which will then given to the Orono Council for their approval, a signed resolution will then be provided to OT. Murphy move , remer seconded, to direct Staff to draft a letter in support oft Long Lake Resolutio r submittal to Mn/DOT. VOTE: Ayes 5, Nays 0. ZONING ADMINISTRATOR'S REPORT 3. #09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD N'VEST — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5841 The applicant was not present. Turner stated the applicant is requesting lot area, side setback, lakeshore setback and hardcover variances as well as a conditional use permit to rearrange the floodplain on the property. The goal is to construct a replacement residence on the existing foundation. included in the packet is a letter from an engineer who states that the existing foundation is in good condition and can be used. The Planning Commission voted b to 0 to recommend approval of the conditiona use permit subject to: 1. The grading/floodplain mitigation plan being revised so no point of the shared driveway is lower than 930.5. The applicant has completed this requirement. 2. Replacement trees being planted in the cut area north of the Nouse and the fill area south of the house, with the plan being provided prior to Council approval. The applicant has submitted a landscape plan. In addition, the Planning Commission has recommended approval of the variances subject to the following conditions: PAF 2 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o'clock p.m. l3. #09-3395 GEORGE IV BAGLEF ON BEHALF OF RALPH COLT BAGLEFESTATE. 1105 FER.NDALEROAD WEST, Continued The property being combined into one tax parcel. 2. To reduce the visible impact of the house, especially as viewed from the lake, the house siding, trim and shingles should consist of dark colors. 3. The patio/laundry drying area south of the house being removed to compensate for the loss of the drainfield that receives the runoff from the existing screen porch. The applicant has completed this condition. 4. Provision of mitigation measures, including: a. A permeable surface being used on the new driveway (but not the raised part of the shared driveway) and new walkways, as well as the lakeside patio if it is replaced. b. A buffer adjacent to northerly lakeshore and protective covenants for the buffer. C. A defined pathway between the west corner of the sunroom and the lake to prevent erosion from the existing dirt path. Turner noted the resolution does state that the house will be rebuilt on the existing foundation per the engineer's recommendation, and that if issues arise with the use of the existing foundation, the application will need to come back before the City Council. McMillan noted she did attend the Planning Commission when this application was discussed and that this lot does have some hardships inherent to the land. McMillan stated she does have an issue with the magnitude of the side variances and that there is not a lot of room between the two houses. In her opinion, given the fact that this project is a two-story residence, the impact would be much greater. McMillan stated the vegetative screening will need to be replaced since it is likely it will be damaged during construction. Turner stated the two houses are approximately 13 feet apart for the portion that overlaps and that the houses are roughly parallel with each other. McMillan stated due to the closeness of the two houses, she would prefer to see some more separation provided, especially in light of any drainage issues that may exist. McMillan asked whether the applicant considered construction of the new residence in a different spot. McMillan stated another option would be to make the house smaller. Franchot asked if the house is the same size as the foundation or whether there would be any overhang. Turner stated there is minimal roof overhang but that there are no cantilevers proposed. Murphy stated he was interested in the engineer's report on the viability of the foundation, and asked whether the City Engineer has had a chance to review the report. Kellogg indicated he has not had an opportunity to review the report. PAGE 3 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, .lune 8, 2009 7:00 o'clock p.m. (3. #09-3395 GEORGE N. BAGLE1, 0.4,, BEHALF OFRALPH COLT BAGLL TESTATE, II Q5 FERNDALE ROAD WEST, Continued) Murphy stated it is difficult to tell the exact condition of the foundation until the existing house is razed and that he would Iike to make it clear to the applicants that this application is only being approved subject to the foundation being in good condition. Murphy noted the Planning Commission has become fairly consistent in recommending that permeable surfaces be utilized. Murphy asked whether the City has a standard for what constitutes perrneable. Turner indicated the permeable materials was a recommendation of Planning Staff and that in the cases where a hardcover variance is necessary, Staff felt it would be feasible to recommend a permeable type of installation be utilized. Turner noted this property is located within the 0-75 foot zone and that Staff was attempting to limit the impact of hardcover on the lake wherever possible. Murphy recommended that the City Council discuss the use of permeable materials at a work session in the near future in order to come up with some guidelines and procedures to ensure that appropriate materials are utilized and installed correctly. Bremer noted the letter concerning the foundation has been certified by the engineer. Turner pointed out the letter does state the engineer visited the property and that a portion of the foundation will need to be raised but of the floodplain, which was brought to the attention of the engineer by Staff. Bremer asked whether a portion of the foundation was constructed in 1979. Turner noted the house was constructed in approximately 1951 and the crawl space consists of a cement floor, is in good condition, and is not utilized for storage. In 1979 the sun room and screen porch area was added. White stated in his opinion the Planning Commission did a good job reviewing the application and that he is in agreement with the recommendations. Mattick pointed out the property owner, by adding a second story, is expanding the structure, which is the reason the application needed to come before the council. White asked if the City Engineer would be verifying that the driveway will not be lower than 930.5. Kellogg indicated that would normally be the responsibility of the building inspector. Turner noted there is a requirement for an as -built survey and that Staff will be requiring that the elevation of the driveway be depicted on the survey. Turner stated the landscape plan is attached to the resolution as Exhibit F, which does include a list ofthe trees that will be removed, retained, and proposed new plantings. PAGE 4 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2009 7:00 o'clock p.m. (3. #09-3395 GEORGE N. B.4 GLEI' ON BEHALF OF RALPH COLT BAGLEFESTATE, 1105 FERNDALE ROAD WEST, Continued) White recommended the siding of the house, trite, and shingles be more natura' in color. White stated he is in agreement -with Council Member McMillan that when the house is increased to two stories, there should be additional separation between the two residences. Kellogg noted some grading work has been proposed between the two houses already to accommodate drainage. Turner pointed out the two houses are offset somewhat and that only a portion of them will overlap Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5841, a Resolution Granting Variances to the Orono, Minnesota, City Code Sections 78-305, 78-1279, 78-119, and 78-1288, and a Conditional Use Permit for Land Alteration Within the Lakeshore Setback, for the Property Located at 1105 Ferndale Road West. Murphy asked if Staff is aware of the reason why the applicant is not present tonight. Turner stated she is not sure. VOTE: Ayes 4, Nays 1. McMiIlan indicated she is in opposition to the motion, due to the 5 -foot side yard setback variance. Bremer noted the applicant had an attorney appear at the first meeting. Murphy indicated his concern regarding the absence of the applicant and/or a representative is that it may create some issues with this application in the future. 4. #09-3402 PHILIP F. KALEY,1395 BROWN ROAD SOUTH — VARIANCES Philip Applicant, was present. Turner stated thea cant is requesting setback variances to construct a d ched garage four feet from the north property line w a 15 -foot setback is required and two feet on-1 the property line adjacent to Arbor Street when a 30 -foot ack is reauired as well as a varian o have 15.89 percent structural coverage when the maximum allo d is 15 percent. The Planning Commission voted 7 to 0 to Denial of the structural coverage could be no larger than 750 sq" structural coverage to 15 percent. The garage the current calculations. Approval of setback vpifinces to allow a 25 -foot deep by 3 of wide garage placed so the south wall of the garage ' m line with the north wail of the house (ap mately 5.8 feet frorn the north prop ne) and so the southeast corner- of the garage is 10 fee in the house and approxi ely eight feet from the right-of-way of Arbor Street. PAGE 5 of 12 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: George Bagley 602 Carter Street New Canaan CT 06840 TYPE OF APPLICATION: Variances ZONING FILE 409-3395 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 8, 2009 COPIES: Robert ,Mitchell (by Dexter Andrews email) Brent Peters Troy Gamble DATE OF MEETING: June 8, 2009 VOTE: 4 FOR I AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please sign the enclosed resolutions before a notary and the tax parcel combination form. Return the combination form and both copies of the resolution in the envelope provided. We will mail you a copy of the resolution once it has been recorded. 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 must be obtained no later than June 8, 2010. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: George Bagley 602 Carter Street New Canaan CT 06840 TYPE OF APPLICATION: Variances ZONING FILE #09-3395 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 8, 2009 COPIES: Robert Mitchell (by Dexter Andrews email) Brent Peters Troy Gamble DATE OF MEETING: June 8, 2009 VOTE: 4 FOR 1 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please sign the enclosed resolutions before a notary and the tax parcel combination form. Return the combination form and both copies of the resolution in the envelope provided. We will mail you a copy of the resolution once it has been recorded. 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 ftuther review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than June 8, 2010. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Council Exhibit B CITY OF ORONO ZONING FILE #09-3395 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COINIMISSION ACTION Crystal Bay, :VIN 55323 952.249.4600 DATE OF NOTICE: May 19, 2009 TO: George Bagle} COPIES Bob Xi litchcll 602 Carter Street (by email): Dexter Andrews New Canaan Cl' 06840 Brent Peters Tro`° Gamble TYPE OF REQUEST: Variances DATE OF MEETING: May 18, 2009 Planning Commission recommended: 1. Approval of the conditional use permit strl?iect to: a. The grading/floodplain rnittigation plan being revised so no point of the shared driveway is lover than 930.5. b. Replacement trees being planted in the cut area north of the house and the fill area south of the house. with the plan being provided prior to Council consideration. 2. Approval of the variances subiect to: a. The property being combined into one tax parcel. b. To reduce the visible impact of the house. especially as viewed from the lake, the house sidiong, trine and shingles being, dart; colors. c. The patio:`laundry drying area south of the house being removed to compensate for the lass of the draintield that receives the runoff from the existing screen porch. d. Provision of Mitigation measures including: i. A permeable surface being used on the new driveway' (but not the raised part of the shared driveway) and new walkways. as welt as the lakeside patio it -it is replaced. ii. A buffer adjacent to northerly lakeshore and protective covenants for the buffer (see attached for location and dimension). iii. A defined pathway between the west corner of the sunroom and the lake to prevent erosion from the existing dirt path. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is tentatively*: Cite, Council — June 8, 2009 - Meeting starts at 7:00 gin * To be on this agenda please submit the tree planting plan and the modified grading, and floodplain by klay 27. If this is not possible.. submit by June 15 for the June 22 City Council ineeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions. please call City Planner. Evelyn Turner at 953-249-4623 bt- r&towc1 WE 9Z3� Z �m LAKE MINNETONKA c\Q- (BROWNS BAY) � a k ,92 r u � i 11 Ire 14 J RC Exhibit M 0 0 z O s j pip Fir I' F4 RC Exhibit M 0 0 z O s j Council Exhibit C Date Application Received: 12/17/08 Date Application Considered as Complete: 4116109 60 -Day Review Period Expires: 6115109 To: Chair Kempf and Planning Commission Members From: Evelyn Turner, City Planner Date: May 18, 2009 Subject: #09-3395 George Bagley on behalf of the Estate of Ralph Colt Bagley, 1105 Ferndale Road W - Variances and Conditional Use Permit - Public Hearing Zoning District: LR-lA (2 acres) Lot Area: 0.63 acre Lot Width: defined width 0 feet Application Summary: In order to construct a replacement residence the Applicant requests the following variances: • lot area, • lot width, • side setback, • lakeshore setback, • floodplain setback, • hardcover in the 0 to 75 foot zone as well as a conditional use permit to rearrange the floodplain on the property. Staff Recommendation: Planning Department Staff recommends approval with conditions. Pertinent Zoning Ordinance Sections 78-305 Lot Width, Area and Setback 78-1279 Lakeshore Setback 78-1119 Floodplain Setback 78-1288 Hardcover 78-966 Land Alteration List of Exhibits A. Application B. Area Map C. Topographic Survey D. Proposed Conditions E. Existing Hardcover F. Proposed Hardcover G. Grading and Flood Plain Mitigation Plan H. Building Plans 309-3395 May 18, 2009 Page 2 of 6 1. Report of Applicant's Engineer regarding existing foundation J. City Engineer's Review K. Photographs of Site L. Zoning application #815 file M. Staff recommended buffer areas Background The existing house was constructed in 1950. It has the appearance of a rambler although there is a room over the garage. The roof has a 3:12 pitch. It is constructed on a crawl space. The screen porch on the northwest end of the house was added it 1984. The porch required setback and hardcover variances (#815). A condition of approval of these variances was that the runoff from the roof be directed to a drainfield. The proposed house would be constructed on the existing foundation with the addition of an open porch on the entry side. There would be a second floor over the southeast half of the house, although the portion over the garage would resemble a half story. The ridgeline of the roof over the northwest half would be about 12 feet higher than the ridgeline of the existing house. Peak height of the proposed house would be 32.6 feet. Defined height would be 26.1 feet. Elevations Crawl Space Floor Main Floor Garage Floor Required 932.5 932.5 City 932.5 City 933.5 MCWD* 933.5 MCWD* Existing 929.9 934.7 930 933.53 (sunken living room) Proposed 932.5 ! 935.5 933.5 lowest opening, floor may be at 932.5 The floodplain regulations require that when alterations are made to a house in the floodplain any expansion of the stricture must be in compliance with the floodplain regulations. When the cumulative value of alterations exceeds 50 percent of the value of the structure the entire structure must be brought into conformance with the floodplain regulations. The State statute that provides for exact replacement of non -conforming structure allows a City to require compliance with the floodplain regulations. For this house compliance would require raising the floor of the crawl space and garage. Because of the room over the garage the garage floor could be raised without changing the volume of the house, although this room would be smaller and probably only usable for storage. LOT- AALYSIS - WORSHEET -------------------------------------------------------- \' Lot Area/Width: Required Actual Lot Area i 2 acres 1 0.63 acre Lot Width ' 200 feet 1 0 feet 309-3395 May 18, 2009 Page 3 of 6 Setbacks Structural Coverage: Allowed Existing Proposed 4,128 s.f. 15% 3,360 s.f. 12.21% 3,393 s.f. 12.33% Hardcover: Hardcover Required Proposed Lake (west) 75' 12'-55' Lake (north) 75' 12'-30' Lake (east) 75' 45'- 80' Side 30' 5'- 12' Floodplain 15' 3'- 30' Structural Coverage: Allowed Existing Proposed 4,128 s.f. 15% 3,360 s.f. 12.21% 3,393 s.f. 12.33% Hardcover: Hardcover Area in Zone i Allowed Existing Proposed Zone Hardcover Hardcover* hardcover Entire lot is 27,519 s.f. 0 s.f. ` 9,285 s.f. 1 9,149 s.f. within 0-75 33.7% 33.2% zone * Not mcludmg any plastic or fabric under landscaping. --------------------------------------------------------------------------------------- Variances Lot Area: Excluding the area below the OHW of Lake Minnetonka the lot is 0.63 acre when the zoning district requires two acres. Lot Width: The property has a defined lot width (distance between lot lines at the lakeshore setback) of 0. The zoning district requires 200 feet of width. Side Setback: The house would be five to 13 feet from the side lot line. The zoning district requires a 30 foot setback. Lake Setback: The house would be 12 to 50 feet from the lake when the shoreland regulations require a 75 foot setback from the lake. Floodplain Setback. The house would be three to 30 feet from the floodplain. The floodplain regulations require a 15 foot setback. Hardcover: Hardcover in the 0 to 75 foot zone is proposed to be 33.2 percent, reduced from 33.7 percent. The only hardcover permitted in this zone would be an eight foot wide driveway, allowed because the property has no other access and a 32 square foot landing for the dock. New hardcover would be the low retaining wall that minimizes the cut and fill areas, the sidewalk to the front door, 33 square feet of the front parch and additional driveway in front of the third stall. A portion of the driveway and the old sidewalk to the front door would be removed. This would net a 149 square foot reduction in hardcover. 309-3395 May 18, 2009 Page 4 of 6 Conditional Use Permit City regulations require the garage floor to be elevated to 932.5. Minnehaha Creek Watershed district (MCWD) regulations require it to be elevated an additional foot, to 933.5. The driveway must be elevated also. Since the driveway area to be filled is within the floodplain, MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in flood capacity. Since the earthwork will take place within the 0 to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fare, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Conditional Use Permit The fill is necessary to provide access to the garage. This would be required even if the house was being replaced in-kind. Most if not all of the trees north of the house would be removed. A tree replacement plan should be required before council consideration. Floodplain regulations require the elevation of the driveway be no lower than one foot below the flood elevation or 93 0.5 Part of the existing driveway is below this elevation and must be filled. Less than five inches of fill will be required but it should be included in the MCWD application. Variances The precedent has been set regarding approval of the requested area and width variances. The City routinely grants these types of requests when no other land is available for acquisition, the lot was legally created prior to adoption of the current zoning standards, and a house existed on the lot when the current zoning standards were adopted. Will the proposed house be compatible with the surrounding area? The adjacent house, 1101 Ferndale Road, is two stories. It was constructed in 1996 to replace a single story house. It has a peak height of 32 feet and a defined height of 26 feet. The proposed house would have a peak height of feet 32.6 and a defined height of 26.1 feet. The house on the other side of 1101 is a single -story but will probably be replaced in the near future as it has flood plain issues similar to this property. The proposed house would have shake siding with stone trim on the road side. No colors are specified. What would the impact of the side setback variance be? This property and 1101 appear to have once been one parcel. The original lot line between the houses was a straight line. It was rearranged to its current odd configuration, apparently to accommodate a chimney on 1101 (now gone) and a canopy on 1105. The houses would be about 13 feet apart. The setback from the property line for 1005 varies from 5 feet to 13 feet. The area on the second 309-3395 May 18, 2009 Page 5 of 6 floor of 1101 that is directly adjacent to the proposed second floor of 1105 contains the laundry room and the stairwell, according to the house plans. The second floor portion of 1105 directly adjacent to 1101 would resemble a half story. (As a result of the lot line rearrangement the property is two tax parcels. These should be combined as a condition of any approval.) What are the safety implications of not having the 15 foot setback? The setback is intended protect the foundation from being undermined during a flood. This is more of an issue when the floodplain is from a stream, where the flood waters have the velocity to cause erosion, rather than from a lake. The exposed lakeshore is protected by riprap. The building code may require additional measures to protect the foundation. Is the lakeside patio non -conforming or illegal? In the file for the screen porch variances is a survey and hardcover calculations that seem to indicate the lakeside patio did not exist when the variances were granted in 1984. This would make the patio illegal rather than non- conforming. (To be nonconforming the patio must have been lawful when it was constructed or at some time during its existence. Hardcover regulations were first adopted in 1975.) The Applicant has been asked to respond. The entire file for zoning application #815 (as it currently exists) is attached. If the patio is determined to be illegal its removal can be required. What is the status of the screen porch? A condition of the porch hardcover variance was that the runoff be directed into a drainfield. The drainfield is located within the floodplain mitigation area so it will be removed, invalidating the variance. Staff suggests the Applicant be required to remove 267 square feet of hardcover, the amount of additional hardcover allowed for the porch. Given the limitations on required hardcover removals, how may the hardcover impacts be offset? City and DNR staffs recommend a buffer similar to a wetland buffer be required along the sections of the lakeshore without rip rap as well as the use of permeable surface for the new driveway. To prevent erosion a short section of path should be provided to replace the existing dirt path between the screen porch and the lake. Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommends approval of the conditional use permit subject to: 1. The plan being revised so no point of the driveway is lower than 930.5. 2. Replacement trees being planted, with the plan being provided prior to Council consideration. Planning Staff recommends approval of the variances subject to: 1. The property being combined into one tax parcel. 2. To reduce the visible impact of the house, especially as viewed from the lake, the 309-3395 May 18, 2009 Page 6 of 6 house siding, trim and shingles being dark colors. I Removal of the patio except for door landings unless the applicant can demonstrate it existed before 1975. 4. To compensate for the loss of the drainfield that receives the runoff for the screen porch, a net reduction of 267 square feet of hardcover (118 square feet more than proposed). 5. Provision of mitigation measures including: a. The new driveway having a permeable surface. b. Buffer adjacent to northerly lakeshore and protective covenants for the buffer. c. A defined pathway between the west corner of the sunroom and the lake. PC Exhibit A City of Orono Variance Application Street Address: Application # O'Ct 3'3 S5 2750 Kelley Parkway Date Received: l Ut 7 O O Orono, MN 55356 Staff Main: 952-249-4600 ee: %250��� fax: 952-249-4616 a : G Mailing Address: After -the -fact: $1,200 Double Fee E8H0�� Crystal Bay, MN 55323-0066 Escrow Fee: $600 2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: bac— U , P Property Identification Number (PIN): Date Property Acquired (month/year): Zoning District: APPLICANT�INF Name: Phone (home . Complete Address: City, State & ZIP r Email:0 i,r,,,-a OWNER iNFORjIII Name: Phone (home): Complete Address: City, State & ZIP Email: plete " ❑ Yes, I own the adjacent parcels. names andyrrarital status requited for each Phone Fax: and m1ritq status required for each interested party) R Phonerb o �): .-- Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): RECEIVED DEC 1, 7 2008 #3395 cInr of oRONo REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your. application to be processed. Enclosed Not Applicable ❑ 1 Escrow Agreement signed Cl Escrow received ❑ Pre -Application Form ❑ ❑Application ❑ Farm Hardshlo Documentation ❑ Certified Propeq Owners List ❑ Survey (meeting ALL requirements shown on pa es 5 - 6 ❑ ❑ Proposed Plans ❑ 11❑ Hardcover Calculation(s) ❑ PF Septic System Site Evaluation Report ❑ 1 Wetland Delineation ❑ . Wetland Buffer Evaluation ❑ ❑ ❑ Buffer Improvement Plan APPLICANT AND/OR OWNER: . * Agree to provide all information required or requested by the Planning Department, ■ Agree to pay additional fees (staff time not covered in the .original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the appk4tion may not be issued. Applicant's Signature:Date: 12 Applicant's Signature. o i Owner's Signature: Date: 2, .t dno Owner's Signature: Irf Y Date: cuss, 0v,&A i__ RECEIVED -15- DEC 1112008 #3395 CITY OF ORONO For Office Use'Only: City Planner: PC Date: City of Orono Pre -Application Meeting Form (This form is to be completed by a City Planner during your pre -application meeting.) Meeting Date/Time:11 Uzi 10 wnat is me purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address:- ' r_ e V[C(A ._ 1(,IS Property Identification Number (PIN): Zoning District: L 0-1 of Size of Property: DESCRIPTION OF REQUEST ❑ verage Setback Q Side Yard Setback ❑ Rear Yard Setback Cil Lake/Front Yard Setback M Hardcover 0'-75' ❑ardcover 75'-250' VardVcover250'-500' ❑ Hardcover 500'-1000' ❑ Lot Coverage C�Lot Area otidth UrOther: CVP �[dy�.s v►p 't Applicant's pp 1 nitials: HARDSHIP: Applicant andlor Owner has received the Hardship Documentation Form understands it as it has been explained to them, and is aware that it must be Initials: Owner's # completed and. submitted in conjunction with their formai variance application. I Applicant's ' BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's j initial application fee, as well as provide an escrow in the amount of Initials: ' $ to guarantee payment of the above. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre -application meeting during which this form will be completed by City staff. Applicant Signature: Owner Signature: Date: Date: _ R ECEiVIED - 9 - DEC 1:7 2008 CITY OF ORONO REQUEST FOR VARIANCES AT 1105 FERNDALE ROAD WEST FOR A NEW HOUSE 1. The existing house was constructed on the property in the late 1930's, or possibly just after World War II. It was probably constructed at a time when Orono had no land use controls. In any event, the existing house is fundamentally too close to the lake. However, there is no other location on the property for a house. Since this house and land have been used as a single family residential property for over 50 years, variances are needed to permit the construction of a new house, notwithstanding the inability of a property to comply with all the current land use ordinance requirements. The existing house is a physically at the end of its useful life, and is certainly obsolete by 2009 building code standards. 2. The situation of the house has existed for over 50 years and was not created by the current owner. 3. The property is now a single family house property and will continue as a single family house property in the future with a new house. 4. Economic considerations are not controlling as the use of the property is now single family residential and will continue single family residential in the future. 5. There is adequate access to sunlight. 6. The uses before and after will be consistent as single family residential. 7. The house will be used by a single family. 8. The small size of this lot, and its relation to the lake, is specific to this lot. The small size pre-existed Orono's land use controls. 9. The size of the lot and its location close to Lake Minnetonka is unique io this property. 10. Since the existing house is at the end of its useful life, as well as being obsolete by 2009 building code standards, the construction of a new dwelling on the existing foundation is essential to the preservation of the property as a viable single family use property. 11. The granting of the variances will not impair health, safety, comfort or morals, or be contrary to the intent of the zoning code. 12. The variances are not ones of convenience, but ones of necessity to alleviate hardship caused by the current house being at the end of its useful life and the small house on the lot in close proximity to Lake Minnetonka. REcFlvr. Doc# 2931190/1 APR 16 #3395 C.iTy OF REQUEST FOR CONDITIONAL USE PERMIT FOR THE PROPERTY AT 1105 WEST FERNDALE ROAD The property at 1105 at West Ferndale Road is surrounded on three sides by Lake Minnetonka and the land is low in elevation. The property is in the flood plain. In order to build a new house which complies with the minimum floor elevations of Orono's land use ordinances, Minnehaha Creek Watershed district ordinances, and flood rules, it is necessary to raise the elevation of the garage floor from 930.9 feet to 933.5 feet. The flood plain mitigation plan (Anderson Engineering) attached to the application shows the grading and fill alterations to this property. The net result of the changes is to not alter the overall situation with regard to the flood plain. Consequently the applicant requests that Orono grant a conditional use permit to allow the flood plain changes per the Anderson Engineering plan attached. Doc# 2931205/1 RECEIVE® APP 16 2009 CITY OF ORONC "339 5 e- A _LIAM ,M T- .# � _; P17 �Exhibit S tc � ,+V It (AMS SWOUS) b►NN013NNIW 3I+d1 fit fell s 5. 0 �- M I! g Nil Ii Nil W !1 O W .a S § co �$ 6 'a � 7 y QjL m /•'/ lu -if 2S T. 8 r8 / ���V�� �/b , { §U a S § s¢ r-€9 § €¢E1 Sa d" g 0 p as a a Ji r d i o � E a rn cs a 9 4 a $ W ff r S OYro7. rp0ps�nao �. Sg ,+V It (AMS SWOUS) b►NN013NNIW 3I+d1 00 fit fell s 5. JTL 9 �- M I! g Nil Ii Nil C4 .a S § ,fOY. g8 6Y 6 � �$ 6 'a � 7 y lit .1 $� lu -if 2S T. 8 r8 S� F mj { §U a S § s¢ r-€9 § €¢E1 Sa d" g Z �f N atiz �a a Ji r d 00 I @ !. sa s ;9 a o. a k -B E� p�p 555 ba�5� Y� 0 I aY e Q $9 d p W U N 2 N 0 i Z N P: 4 W N A# �r N N of rN a � r� REVISIONS PC Exhibit C ,H W 3� 0 LO 1 LO LU z a 4c Q ZZ Mo LU Lo IL us 4 0 o� m Z �L6 C4 P5f y i o � E a rn cs a 9 4 a $ W V'zdpe�zpc�x= S OYro7. rp0ps�nao �. Sg i� I aY°�nYeiWY p o�s a D H b4c A�?!so__a i xaA�3 d`vao R U O N z a I @ !. sa s ;9 a o. a k -B E� p�p 555 ba�5� Y� 0 I aY e Q $9 d p W U N 2 N 0 i Z N P: 4 W N A# �r N N of rN a � r� REVISIONS PC Exhibit C ,H W 3� 0 LO 1 LO LU z a 4c Q ZZ Mo LU Lo IL us 4 0 o� m Z �L6 W y Z z O �m o W H OZ LLN O j WJ 0 W O IL m (L Q U/ i to 4 ®� I • h '� n ���"""jjj o3 ,t hull a It (Ade sNMOaa) V)INOIaNNIW 3MVI PC Exhibit D 3� d t W .WZ J CC aI a ZZ IX W IL LO 0 o FEMSIONs F ° W 0 Q m�ano��nw�as� ri v �N nAn e 0 e� a 0 b � a 3� d t W .WZ J CC aI a ZZ IX W IL LO 0 o FEMSIONs FIELDWORK = 3,360 CHIEF: ft. KK TOPOGRAPHIC DRAWN BY: S SURVEY = 4,556 CJD HECKED BY: Walk BRP sq. SURVEY FOR: COLDWELL BANKER BURNET 4. ructures shown hereon were located eaner 1e monv. Other utilities and services may be ; log PC Exhibit E pit ained from the owners of the respective u 5. onko as of November 8, 2007 per the Min ----IN = a28.60 feet. (N.G.V.D. 1929) 6. The property shown hereon lies in Other Areas, Zone X (Areas determined to be outside floodplain) and Flood Zone AE (Special flood hazard arec subject to inundation by the 1% ar flood elevations determined) per FEMA Flood Insurance Rate Map Number 27053CO308E, date Flood Zone AE is bounded by the 931 contour as shown on said map. 7. According to the City of Orono, the Flood Elevation for Lake Minnetonka is 931.5 feet. 8. According to the City of Orono, for properties adjacent to Lake Minnetonka, the lowest less than 932.5 feet. 9. Property Identification Number = 02-117-23-43-0016 (per Hennepin County Tax web dai 10. This Survey shows only those Improvements visible during the field survey, some structur covered by ice and snow, or underground may not be shown. 11. This survey is based on an existing Egan, Field & Nowak survey dated December 10, 200 was performed in the preparation of this survey. EXISTING HARDCOVER TABLE House = 3,360 sq, ft. Pump House = 14 sq. ft. Drive = 4,556 sq. ft. Walk = 137 sq. ft. Patio — 686 sq. ft. Concrete = 270 sq. ft. Walls = 69 sq. ft: Deck = 193 sq. ft. Total Hardcover = 9,285 sq, ft Net Parcel Area = 27,519 sq. ft. Percent Hardcover = 33.7% PROPERTY ADDRESS: CERTIFICATION: (includes 0.5 of overhang in excess of 2.0 (Measured from Right—of—Way to QHW) I hereby certify that this survey was prepared by me or under my direct- supervision and tha• Land Surveyor under the laws of the State of Minnesota. Date -60 survey. December 10, 2007. Date' of signature: December 17, 2008. 1 Only .if the Surveyor's signature o j is this an original copy. Anything .,}- original copy may contain unouthc �.�the original. The surveyor accepts Brent.. R, Peters: for non -original copies of this do Minnesota.,License No_;44123 1105 FERNDALE RD. WEST ORONO, MN 55331 Egan, 1Fietd & Nowak, Inc. Land surveyors since 1872 7415 Wa yi Minneapolis, PHONE: FAX: (9! WWW.ER COPYRIGHT© 2007 B records made -jvailable `o is ^_r by resident testimony. Utner utilities ana services may o 4Caiion of sol !thistles ono services shouid be obtained from the owners of '.he respective PC Exhibit F Planning or excavation. PROPOSED HARDCOVER aE FIELDWORK CHIEF: KK PROPOSED SITE CONDITIONS SURVEY FOR: COLDWELL BANKER BURNET 5. BENCHMARK: Surface elevation of Lake Minnetonka as of November 8, 2007 per the i Watershed District. Elevation = 928.60 feet. (N.G.V.D. 1,929) 6. The property shown hereon lies in Other Areas, Zone X (Areas determined to be outs! floodplain) and Flood Zone AE (Special flood hazard crea subject to inundation by the 1% flood elevations determined) per FEMA Flood Insurance Rate Map Number 27053C0308E, d Flood Zone AE is bounded by the 931 contour as shown on said map. 7. According to the City of Orono, the Flood Elevation for Lake Minnetonka is 931.5 feet. B. According to the City of Orono, for properties ad Ocent to Lake Minnetonka, the lowes less than 932.5 feet. 9. Property Identification Number = 02-117-23-43-0016 (per Hennepin County Tax web 10. This Survey shows only those improvements visible during the field survey, some struci covered by ice and snow, or underground may not be shown. 11. This survey is based on an existing Egan, Field & Nowak survey dated December 10, was performed in the preparation of this survey. 12. For proposed grades and grading plan refer to Grading & Floodplain Mitigation Plan pry engineering of Minnesota, dated Feb 10, 2009_ PROPOSED HARDCOVER TABLE House = 3,393 sq. ft. Pump House = 14 sq. ft.. Drive = 4,241 sq. ft. Walk — 174 sq. ft. Patio = 702 sq. ft. Concrete = 250 sq. ft. Walls = 182 sq. ft. Deck — 193 sq. ft. Total Hardcover = 9,149 sq. ft Net Parcel Area = 27,519 sq. ft. (Measured from Right—of—Way to OHW) Percent Hardcover = 33.2% CERTIFICATION: PROPERTY ADDRESS: I hereby certify thixt this survey was prepared by me or under my direct supervision and t Land Su1^4Xor under the, laws of the State of Minnesota. Date;of' survey. April 15, '2009. Only if the Surveyor's signature is this an original copy. Anythii original copy may contain unou Brerii R., Peters. the original. The surveyor accel Minnesoisa.. •License No..4412 3 for non—original copies of this 1105 FERNDALE RD. NEST ORONO, MN 55391 Egan. Field & Nowak Inc. Land surveyors since 11872 7415 Wa Minneapor PHONE FAX: ( WWW.Ei COPYRIGHT 4 2007 OHWL 928.4 iQD-YR. FLOOD ELEV. 831.5 FEMA ZONE AE 831.0 EbGE OF ICE LOCA7M-= UrCEMSER A 2W? LAKE DZVATM AS W NOIElAWIT 4 2Wr = 97880 FEET (MG Vo. 1929) PROTECT RIP RAP A1i09 FYN.> %wsE FOR NRUGAROX snifAl _s ter^ $rw-....tea. a e � J^ '- -•1,5' REF WALL /5' RET. WALL , INSTALL & MAINTAIN SILT FENCE DAT_ LAGOON 01 Fr areat cGLTOUR I ; ° ° \ O 4- i �+ �•`. +, INSTALL & MAINTAIN,.'' '* TEMP. R= ENTRANCE BE7uc1ruA7A z A�S ; J IMl41y14 ' +, - INSTALL ! MAINTAIN •/`' ` is-\ ,'\ `++ SILT FERCE (TYP) / +- - ;`� • • '+, o ,gym`` ` % f � 1 it •'f `:r �•� 2O` RET'. WALL __ - J��� � � r.,� :•Y„?�.�.,, ` , {�� '�+5�• �1 '-•', s... 800.0—__ - '-�^�:4��� } ,• �. •► IOW.. _.•s.•.:' i ry7 �x �.Y-: 4. _• _ t •1y..•�,!.t.':.; ^,;:Y�.: �IIYh WIY.iO` /``^ Vii:.^:+:'. V5 A mll� r r—MATCH GRADES AT PROPERTY LINE (TPP.) REMOVE CONC. EDGES/WALLS GARAGE FLOOR TO BE RAISED FROM 830.8 To 833.5 FOR COMPLIANCE VATH CITY AND WATERSHED STANDARDS. CALL 48 HOURS BEFORE DIGGING QPHER STATE QNE CALL TWIN CITY AREA (851 464-DO02 MINNESOTA TOLL FREE 1-BOCI-252-1186 M= ” 4 @CTI mud" NORi OFP STEEL BCn 0O816URATIoI ATTAW FA11iC ID MIq 1[R!l BIN Nab iN17& 5713.E Tolls SIR( TF BRE; OR Soap Ptcl9 IIIW :OIR.F-: (limm 44 bwa law NAHANmy DESIGNI�: I HEREBY TgRTPY THAT 1149 mw 9�FriRGTtl7. OR R@ ORF Tt%s TJG A�L�O BY W OR UNCER MV 4wwr BL PFR4®ON Alt THA7I AN PROPFS9CNu. EHMMM UROOL THE LAPIS OF THE: DRAlIY1J: tirA7E °F 1LI9aE9elTA. LOOL ELEHATiON TO 935.5 TD MATCH ARCH. PLAN PSFI PRINT NAME OY d AMBLf PESCRPTM 0= REVISIONS . CHECKED BY: I SIGNATURE I Mr- _FESRUAR, 1o. Am LIOE7NSC i 2313; 1. INSTALL AND MAINTAIN SILT FENCE DURING CONSTRUCTION, 00 NOT REMOVE UNTO ALL alSTU LT AREAS ARE FULLY REM, XL 2 SW AND/OR SEED al3•TURBED AREAS VATHW TIMELINES SET FORTH BY THE CITY, WATERSHED DISTRICT AND MPCA'S NPDES GUIDEI&ES ONE MIST RESTRICTIVE APPLIES) 1fNFY MIN. 4' TOPSOIL PRIOR TO SOD OR 5® (ADD A5 NEEDED) 3 CONTRACTOR SHALL PROVIDE & MAINTAIN A UNED CONCRETE WASH SUMP, CONTRACTOR 15 RESPONSIBLE FOR NOTIFYING ALL SUBCONTRACTORS TG LMUZE WASH SUMP AND MAINTAIN AS NECESSARY DURING CONSTRUaTUN. 4. SEE BELOW FOR FLLAIN MITIGATION CALCULATIONS FOR 'NO NET LUSS". -STORM 111 WATM i:: NAM mmW& BL7 a NwELT t YNFL FDRAINAOE FiHF TRIBUTARYNR ALIO NMPM E EH : s m AREA B Ai. MFXNsr F71TMR ANCE PRIRE ,o CDMME7IDEIRJR OF EARRIMGRIL OP@IATLORS, 9 www REMLAILY, NANTAM AS MEOFB, PR41R TO PA%M WASH PRIOR TO owmk 7m NSPiL7 REOF9,ARI,Y. COMMUNN)AVON BOX M BAPITA9iI ASI N®E6PRD= C'�^`-Up IIP -RAP t (E1057ENI} 0-1 OR �7ER —C"1'--^- AIL/ - DNt>pE o fODIbIRYCB LREIS PERI&ANEW. SEED t MUM GRARYIc WPM * MAINTAIN RG RD�lOrwt FLOOR ELEVATION AFTER WAVY RARE mm 9"WHOUS SURFACE REPLAN rlAsl-a3. Afp.AS 99AEDlA7aY. CONCRETE SURFACE NOTE CONTRACII'FI IS RETlONtEI! FLY! NBTALLATION. MA9N@MM Z GRAVEL SURFACE AND ROMWAL AF ALL APPLICA9LE ErwElorl t sID1NF7R CONTROL i1E1I8. !•LC E)faibll Ak NOR T H m SCALE N fg7 LEGEND 0 AN bUND ;LONER EB ELECTW METER a GAS NETEN ALIO NMPM E HYDRANT ltL UTILI7Y POLE F— GuY "RE 19 COMMUNN)AVON BOX M a]ECTrm Boil( MONQ CATCH BASIN 0-1 OR m —C"1'--^- OVERHEAD NTRE NMI SOF ELEVATION x920.5 Pr FLOOR ELEVATION EIasM CONTOUR LINE 9"WHOUS SURFACE CONCRETE SURFACE GRAVEL SURFACE WRAP STONE WALK X 0015 PROPOSED EPCT DEV. c+Sco PROPD9kti BETAINNG WALL pftm ED OOHTm NOTE SITE SNRVEY AHD TOPOWUR*IZAL DATA OBTANEA FROM ECAR. FIO.D t NoWm sURVEV DATED DEMUSER 17 20OB. Anderson Engineering ofMinnesota•, LLC C I 4 I L 8 N G I N B B R I H a A N O L A N D S I1 R V E Y I N G ISEO6 Ln ■VW M NO=. SOTS& IOC. PLYNDM, Mk 04,4L TEL (7031 4IE—[004 FA:. (mal 417-40M - FLOODPLAIN MIIGATfON 1" = 20' 1105 FERNDALE ROAD ORONO, MINNESOTA EGAD; FIELD & NOWAK ELa00PLAEV FEL IS FILL PLACED Sam THE 10O -YEAR LANE ELHVATION OF 931.5. STORAGE aWATEDDAT OR BELOW J00 - YEAR FLOOD ELEVATION of em.S MLTHN AREAS 7FIAT YIERE PREtidOEE9.Y ABOVE TEE FU OOPLAIR F3£VAT10N. ND NOR(( IS PROPOSED BEITI L= THE aH ELVAlMN OF 498.4. m ET9sT1ND rABACE FtnGR � -900.9 PRaPDsm GAB. FLOOR � was Pga+Osm iDNE�ST FLOORV3t.8 ON HONER LUNIE "ALLOSABLE FLOOR ELEVATION - 933.5 GRADING & FLOODPLAIN MITIGATION PLAN WA nr- I OM 928.4 OHO°' CCNrow lOO-YR. FLOOD U". 931.6 i FEMA ZONE AE 831.0 Y =_ - , --_� ---' '�` _7' 4 ~�w+.. a t•+Mw.�wlf. �w.e3p4� ` '1 `0 ECZ OF gr LOCATED-- + DFLgATB W B, 2007 V, �'xh \ j + ♦ ,5 `` I I LAKE ELEVATION AS OF NOIR 2t 2077 /+ �il�,' • , , = BMW FE" (MCV.O. �vn) WALL , PROTECT 04 -PLACE RIP RAP (TYP.) r �� - � w ,,'x,.cy..1.t� Y INSTALL & MAINTAIN = _�r'' `'";::a• h•� / • ! n ` •� SILT �, "�': ` ti 1S70D PGIIPNOIfg___ FOR INVAGATTON.•- FENCE (TYP) � / �*y" /R• � � RET ,HALL - i 1 0 REF. , WACL . � _' � .. �.. '.� � I'` wepRp�_�r•.x, �ti.._�.'.z' i �' / !re IRS, e .:._ Q �� x' ': :1s :':�"l±e3:i^-:`: ^_fig, 1.-'�`. _. �•' ti "Y` Ate-' •iu. ' y J LU � �'pweaas� PtiOPpSEb FE.000PLAIN CREATIOFF '%aENCWMRK r VOLUME AS SNCWN 94 C.Y. INSTALL h MAINTAIN SILT FENCE �S ++ MATCH GRACES AT PROPERTY LINE (TYP.) �0��i 1 REMOVE CONC. EOGES/WAU.S AGE 1 I OR TO BE RAISED FROM 930.9 TO 033.6 FGR ` COMPLIANCE VATTi CITY AND 4YATERSHEOSTANDARAS e�bla p, J OHO°' i' r ip , INSTAL•`1` TEMP L A AT ENTN e':?:"' Y INSTALL & MAINTAIN = _�r'' `'";::a• h•� / • ! n ` •� SILT �, "�': ` ti FENCE (TYP) � / �*y" /R• � � RET ,HALL '�_•' ; `, !I \ J _ii �A s X27 - i 1 0 REF. , WACL . � _' � .. �.. '.� � I'` wepRp�_�r•.x, �ti.._�.'.z' i �' / !re IRS, e .:._ Q �� x' ': :1s :':�"l±e3:i^-:`: ^_fig, 1.-'�`. _. �•' ti "Y` Ate-' •iu. ' y J LU � �'pweaas� PtiOPpSEb FE.000PLAIN CREATIOFF '%aENCWMRK r VOLUME AS SNCWN 94 C.Y. INSTALL h MAINTAIN SILT FENCE �S ++ MATCH GRACES AT PROPERTY LINE (TYP.) �0��i 1 REMOVE CONC. EOGES/WAU.S AGE 1 I OR TO BE RAISED FROM 930.9 TO 033.6 FGR ` COMPLIANCE VATTi CITY AND 4YATERSHEOSTANDARAS e�bla p, J �r ! MULGU OF M F�W�AL amMq �WAVYAN NO Ai MMM YWIRAWL AIR'. ALFAS D01mFA5RY, ! `'pl0 NO7F: M FM3PONSUiF FOR MWAUA-M , y �� RBMOVAL OF ALL APPI]t.Ae{JE Gt090N t ANO rH4A'USC.. �.'YI 4CY. FROMM RETAINNC MAIL NOTE: S77F Fes' AND ICPO&WffoMAL DATA UiTAWW FROM EWL F70A 4 NWW SURVEY I4lIEO DE;CUMM 17. SODS inpPrinra of Minnprn#a T .T .r FLOODPLAIN MITIGATION 1" = 20' "ns; FCRh{nA] Ir Qnen 230 Dm RODMPZFIP@� nffi IL EL J FLOOOPLAIN QMAIM R INE VOLWE OF 1FAR FLOODM&AnAam OR BELOW INS FAMC INAr MFRS P! 'SLY ABOIF INE FLOODPLAW MAMN. NO MOW B PROPOSED OEM THE Oft ELVAlM OF MA MUMD GARAGE FLOOR fLEK .. B3O,2 PROPOSED OAA. FUM - 833.R PROP LLORMT FLOW M. - 837.4 FLOOR - 235.6 OR Ilmn LOOMT ALLOSA8lE FLOOR MEVATWN - Q= I_ro:r RM�i.� � ,Iw r1lf■■a 1]waltrw4rll rf' ■rr '11 •� 41 ■ai ,\ I■I[■I■ri.f■!Y!I■Il■111111 i.. 3N Inr lii?ll l! 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JC■1,i Jif;lf1lf11iliA,llMililli� i■1 �>EfEr>Alill■■V 11111! ■x1111111 1111! el 21 i1,!■el*lIJ � �■!■s all goal i�J1Mii1lR11lli1lIi11 . ililil 111I� I iililJilteiA!! i i!€ lliillil i■1111 11 _ 111 1111 (€lMlili[! l a fellelr' �r1111 ei fi ltl11ir111l1 '1 1'!711 ���"1 �!■e■iE14. 11111 r€ S.i11i1lt --111 lil11 IM Z. ll! ■ 11: ltalle 11 t 11 ■I,r 111 -m.1J1 !■■ ■■■ ' 1111 wa■wrl .■alit i<A;w iR� .■val w[lorl J t . 1111. ■■silty rrwl■wr r■Jrirr ._. mm ■1 ■Irnl l ISeA![iI ..', l€!1 �€ i ■o■ i IA ■[lillow 1 rlia m ,w ■lp ,NOR now, !11 1 �8 li1lair! feels 1 1111 1111ammil(1111 I 11■ 111■�I - iiJl ii (1!!llil[I 11 1' All 111ilAri'� Jill€ -111 i is 11111J11elIl1 I Ir 11x1 c1, 1!11 if iflj11fl eeiilliil■sr[I [ ralY■Y1Ji(AIi 11 Rl�rr:well MA , i e'1,. l�-761 -.!, Il ■� �_ 1!!11(1!■■111 - A_- II `Il�fllki# ■.1 w `w1 1111111 1!11 7 ■I■ I! !11#1111 ■ j ■_ i_iai�lw I�Ilir� ► �` i�jw11�! �1[� KIM �1■iI �iAili!■I, 1111i�ii![fi'i a € !. 1��' : =I Iit1 ■.! ■.1 ■ 1'■11 sil!'l1llll�Ll :1 MIR '� ! �l � �■7 ill r1�#i 111111-r,r�lii rR Al 11x11 � U i \ _—_ -� 1�tlElizri s• �.�' �./■iei■11',€1!► �- / .Allilifloo,,a one, = / 1111 MAN llbig Al11lR. ' (elA!■1{�11111'Ail■ANIMA1► 11e1![111f!€P11E11111e1![I] fA1111aail 11OV■eein■Iaaa `.. -a4Will .&0 flilille11iIgal �'lraelAMil11lee111li 1 il 1■J1 ill IA1 iA1rr 111 ll[ 111 111 .Ili 1111 (fik TILvia L_ — lel 111 All 1 [ - - ■r 1 1.11 - ITt■Ir e ■ r . R [ a f ■ r Y rr4■■ ■ �•i larl[usg I ii rr!■[r1, ■ 1 ■ [1111' 11 s ■ I [ ! 1 ■■ ■ r1, 1 [ r■rrlr■!■I ■ ■ # [x111111111 ■'1 r' ri r1■1rn ■ 1 ■ iY ! i[ r a ! ■ 1 1 ! ■[ 1,r■iar1mlY■ililailfi■1ir I LI■IN I —__ _ *yr■ iYiliJll. iI -i ii il.�Win II*.N. I 111111 r11 1 R il'.w l Jr,,m 11.,111 !1� ®�.[ 11'IIY■'Ill ■Ja'■ lfll ill I1lllull■ilardolle it■Ihlirle�fli ill 1161,IN1■ IYri[ ■Ils,rl■1 ■1JlI=i' 14YylIi.■ iilrYl 1514x1 ilrt 741,k;ILr I;Y.I , t441114r1a ■1i7f■s 'll■le; Y1i,ii 1:■ll[�wli;r� F•.�._1lliirrlaa lllyr121. ! r1,' ,11x111111114x11 I I.Ilrif ,.J r M 1 I .a"""■ - #1r 1,� �, III I!'rf 'i[II■111. `all!■U II IM'III#ir+1,Y ■*... a....-�„-.fir lil'i�! ■iii nr■[I.rar i■4q-r;e ljo111a:rirlM■■Mi ■ir�lr#a,i■■I. �1,1i■Ir,i 11 .11 eI■•i ■.IYI■11f.1rlal�:1.-1111 iPJ#Ef �,l,r1Y.r's i�■ir.aAJ. Y1■I Yri 111■!■I 111.11111111}11NIlI7rl. 11� U. 'I>tlahs,l,l,llil■'Y■liii. Y_ili.lil(1s.IF:l,al 4llf■■.1. Ial•a:■14x1. ,Mlil (aE■'r�11■I(r�r:liill rJlr Ei 1■Jll r'i.■.1J 111' Ill - ]3.: ]IF Mr., 1111x1 !11 I ■ I u■I 'ar■• 11;r'11Ed 171Rs16 aFi`T,II 1+111. Ihiltij■ice ■J�i l_rl■, III■,111!■ ■■■■■orr;I II If"' 1r- -.. rlaiaa■ r1, 1111■ a1r+111Y i 16q Itrr r' Il■■ iY I NEW Ii x1 M[i r■■ 11,1e11111111111 ■aM lrr r I *■ All 1. 111111 111111 11211r14i. ei fmlll Bill ,4•r 11111, L!11 I■s,.a1i■.l Il1111 11 r*! MrM I E Il 11111 111111 1 11#Irlllia■ 1:11 ra i�il '. ■ i,- ■ � �■,31. - 111ieNP1 Yu. Lily' klila'a i.R.■I,1 ilr■ 11 1 x113111■11■I7A al ■ �. 1x[1;1(11_ 111111[7.11. 31 7 I i i■ .1■; I ■'!' ' 1 ■ 11x11 11 ■>"?.. i .111111 i illiliT r �� M l 1111 11 i'y' l..a� _ Nli'i:'i?I}�I['I[!'11rr J.l uS'■f■h �I'. 1. ilA■iii i. - -1- I . hll,lili Ji ti-+.#�-tall ■ ;!•111kt ■. ■ r Nw ■' w laid. a■ -111 Rlxrl Nir'Ii■IEyl iaYrlk rNrl[■41ri ■ia Ali i.a re laar,il!lYll#rillla illr 1,'!k■1•,1,1111'1 1 ' 1111111111 x1111MEMO l;l■1Ni1x_LI [.E■411 Yr■Ii irlY■ e r � �i.■111U ■Irl i'i■1,1111114aN'if■11■11�■iai i --_ — f1 11 1Y jI 71 R■� 44 �i� 111 1l141xlilNl■illYlllrll'.yq - -- - y YM.i■Ilae:■iriek ate■■[fll ■ r 111 ', 'i �• 7AY�t1. ■ llk rill■ I. 4'. _ :Ii■ir11wIN71■rn 11 11 - 1 11A { IJl ■I■II rf■r[r 1r 1Na 111 •111 1 l�■, '� I 1111 All I i.111HU■[1141 ■111 r: 111111 ,ill `i „� ` ; 11[ 1' IA■[7'*ii[er i■I _ . 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JC■1,i Jif;lf1lf11iliA,llMililli� i■1 �>EfEr>Alill■■V 11111! ■x1111111 1111! el 21 i1,!■el*lIJ � �■!■s all goal i�J1Mii1lR11lli1lIi11 . ililil 111I� I iililJilteiA!! i i!€ lliillil i■1111 11 _ 111 1111 (€lMlili[! l a fellelr' �r1111 ei fi ltl11ir111l1 '1 1'!711 ���"1 �!■e■iE14. 11111 r€ S.i11i1lt --111 lil11 IM Z. ll! ■ 11: ltalle 11 t 11 ■I,r 111 -m.1J1 !■■ ■■■ ' 1111 wa■wrl .■alit i<A;w iR� .■val w[lorl J t . 1111. ■■silty rrwl■wr r■Jrirr ._. mm ■1 ■Irnl l ISeA![iI ..', l€!1 �€ i ■o■ i IA ■[lillow 1 rlia m ,w ■lp ,NOR now, !11 1 �8 li1lair! feels 1 1111 1111ammil(1111 I 11■ 111■�I - iiJl ii (1!!llil[I 11 1' All 111ilAri'� Jill€ -111 i is 11111J11elIl1 I Ir 11x1 c1, 1!11 if iflj11fl eeiilliil■sr[I [ ralY■Y1Ji(AIi 11 Rl�rr:well MA , i e'1,. l�-761 -.!, Il ■� �_ 1!!11(1!■■111 - A_- II `Il�fllki# ■.1 w `w1 1111111 1!11 7 ■I■ I! !11#1111 ■ j ■_ i_iai�lw I�Ilir� ► �` i�jw11�! �1[� KIM �1■iI �iAili!■I, 1111i�ii![fi'i a € !. 1��' : =I Iit1 ■.! ■.1 ■ 1'■11 sil!'l1llll�Ll :1 MIR '� ! �l � �■7 ill r1�#i 111111-r,r�lii rR Al 11x11 � U i \ fl■.!I!i■( I,■■. lYof r rlrX12,4 s Irnlilr■� / lwl:Rf - 111111 ll��lt ■111 ii■ 1,.:f '•fill 1171 1fA ■lli1N -'■rr■ �m1;: 1111111x1 Kt'1 -.� IF ■llle fl! = 1 il 1■J1 ill IA1 iA1rr 111 ll[ 111 111 .Ili 1111 (fik TILvia L_ — lel 111 All 1 [ - - ■r 1 1.11 - ITt■Ir e ■ r . 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Ial•a:■14x1. ,Mlil (aE■'r�11■I(r�r:liill rJlr Ei 1■Jll r'i.■.1J 111' Ill - ]3.: ]IF Mr., 1111x1 !11 I ■ I u■I 'ar■• 11;r'11Ed 171Rs16 aFi`T,II 1+111. Ihiltij■ice ■J�i l_rl■, III■,111!■ ■■■■■orr;I II If"' 1r- -.. rlaiaa■ r1, 1111■ a1r+111Y i 16q Itrr r' Il■■ iY I NEW Ii x1 M[i r■■ 11,1e11111111111 ■aM lrr r I *■ All 1. 111111 111111 11211r14i. ei fmlll Bill ,4•r 11111, L!11 I■s,.a1i■.l Il1111 11 r*! MrM I E Il 11111 111111 1 11#Irlllia■ 1:11 ra i�il '. ■ i,- ■ � �■,31. - 111ieNP1 Yu. Lily' klila'a i.R.■I,1 ilr■ 11 1 x113111■11■I7A al ■ �. 1x[1;1(11_ 111111[7.11. 31 7 I i i■ .1■; I ■'!' 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SL—FLOOR-----t FLR 1R ISSES ILP B.C. LAWL WJE AS IMM ROOF TRUSSES 2P MIW4 SPEICFUTO 12 �m BEDROOM 2 +7y/V' 7iG PLY. SUB -R1 W— !6 ITR =AM "-- or— LATERAL mvm AS me" CROW! 110uum / stuff ICRM SECnON SI?AIE: $/Q' Te -O' 5 ac --w Raw wmtG WAI-stirs WAKS w OIC. '-'B/9EAD BOARS a Imm um FRMS 1070*w RAL m IMAM cmm BUFM CPA IET— PARI1 M 000 TRUlm 24 AG mitt 10/12 WT. t EAL KIM WE1 HEIGHT TO BE r -W HOREt MAN attl3l Imm !1F ms TRUE 7 1 KIQ w TlouD RIDGE c 1.-1 10 12 -m IOOD BFAYS------ -W WE 90FRY IRAMlIB WM GREAT ROOM TRUE: -VAULT :3/4' Tab FLY_ SLR�FIAOR� u u 9 u u � 4r FIR TRU!= Te' O.C. AT Ms- SFM OILYLAVW& BINS REWMFQWMW RECEIVED DEC 0 200$ CITY OF ORONO Evelyn M. Turner From: Andrews, Dexter L IDAndrews@CBBURNET.COM] Sent: Friday, May 08, 2009 5:44 PM To: Evelyn M. Turner Subject: FW: 1105 Ferndale From: Scott & Rachel Bartz [mailto:autdes@frontiernet.net] Sent: Fri 5/8/2009 5:24 PM To; Andrews, Dexter L Subject: Re: 1105 Ferndale Dexter, The original plan was drawn without me having knowledge of the site, or that the house was even on crawl space. That is why my plans had shown a basement. The plans themselves need to be altered to match up with the new grade elevations and also with the crawl space foundation. My thought was to try to incorporate mechanicals into the main floor layout. I was going to try and re -work everything from the owner's suite walk-in closets thru the laundry and entry area to try to make enough room for the mechanicals. I would prefer to have them accessed thrc the house and not the garage area. We could also incorporate a small area in the garage that would be raised to the main floor height and accessed from the entry area. There is no reason that the mechanicals can not be part of the main floor. In fact, that is about the only area for them. Scott Bartz Autumn Design of MN Inc. 952-873-4311 May 12, 2009 350 Hwy. 10 South, Suite 101, St. Cloud, MN 56304 (320) 259-6575 • Fax: (320) 259-6991 • www.duffyeng.com Coldwell Banker Burnet Attn: Dexter Andrews 201 East Lake Street Wayzata, MN 55391 14 Project: 1105 Ferndale Road, Orono, MN Re: Proposed demolition of existing mouse and rebuild on existing foundation. Dear Dexter: I inspected the above property on January 7, 2009 to deterrnine it the existing foundation and walls can support a new structure after removing the existing residence. I also reviewed the plans provided by Autumn Design (dated 11/21108). The existing construction of the property is a single story wood framed house with masonry (concrete block) wall crawl space foundation. The existing foundation is suitable for support of the new proposed two-story house. The new structure should have an interior beam line to support: the main floor with the exterior wails used to support the second floor and roof framing. The existing foundation walls should be repointed in areas where cracking has occurred and stair step cracking areas shall be reinforced with #5 dowels grouted into vertical cores at the crack in the south -each corner and any other areas of stepping cracks of the wall. Please provide the proposed plans (including floor and roof truss shop drawings) so I can size the interior footings to minimize differential movement between the new footings and existing foundation. The plans I reviewed from Autumn Design show new foundation for the porch on the west end of the building. In this area there is a perimeter foundation wall in place. It is my recommendation to use the existing foundation and add interior footings as needed to support the floor instead of providing new piers and footings as shown on the current plan. On May 8, 2009 1 was informed that the main floor level will have to raise 2.6' per the city of Orono. The existing foundation is sufficient to support this change. This would be best accomplished by adding 3 courses of concrete block to the top of the existing wall. Please feel free to share this letter with the local building official and builder as required. You may contact me at (320) 259-6575 if you have any further questions or comments regarding this matter. Sin y yan e*avert, Project Engineer, Duffy Engineering & Associates, Inc. I hereby certify that this pian, specification or report was prepared by me or under my direct supervision and that 1 am a duly licensed it(lae r under the laws of the State of Minnesota. Seavert, P.H. 5/12/2009 No. 41971 March 4, 2009 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1105 Ferndale Road W File No. 000139-09000-1 Plat No. 09-3395 Dear Evelyn: 2335 Highway 36 W St. Paul, Mak 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com * Bonestroo We have reviewed the grading plan showing the construction of a new house and floodplain mitigation, dated 2-10-09. We have the following comments with regards to engineering matters: It appears a number of trees will need to be removed for the proposed grading. The City may want to consider requesting more information regarding the number and types of trees to be removed. The proposed grading on the west side of the house will route runoff onto the neighboring property. They City may want to consider requesting revisions to the grading in this area to contain all runoff on the subject property. The City should also note, however, that this is a unique situation in which the runoff ultimately drains onto a shared driveway and back onto the subject property. The applicant should provide the City with copies of necessary approved permits from the Minnehaha Creek Watershed District, DNR, and the Army Corps of Engineers prior to approval. If you have any questions please call me at (651) 604-4894. Yours very truly, Bonestroo Darren Amundsen Cc: Tom Kellogg Hennepin County Oblique Ae— els Hennepin County Oblique Aerials Images courtesy of: Microsoft® Virtual Earth"M 2009 Page 1 of 1 PC Exhibit K Show / Nide, Mao Control http://gis.co.hennepin.mn.us/HCPropertyMap/Birdseye.aspx?PID=0211723430021 5/13/2009 Hennepin County Oblique Aer"els 1iHennepin County Oblique Aerials Images courtesy of: Microsoft® Virtual EarthTM 2009 Page 1 of 1 1 Show / Hide Map Cootro l e http:/lgis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0211723430021 5/13/2009 Hennepin County Oblique A Gals Hennepin County Oblique Aerials Images courtesy of: Microsoft® Virtual EarthTM 2008 Flight Date: April 2006 Nw =71"a 1 I Page 1 of 1 Show / lJide Map rl http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0211723430016 4/23/2009 •�� � �y, � �+ �_>:;+� _ :h {fit` Z � ��'!,+� �p F �I a r / F}K ;e36 , 4*l.,AP., •To ate, S wl¢yik it X Aw i' TIN �b. • 4v PC Exhibit L TO: Planning Commission Members FROM: Michael P. Gaffron, 'kssistant Zoning Administrator DATE: February 15, -1984 SUBJECT: #615 - Ralph C. Bagley 1105 West Ferndale Road - Variance - After -the -Fact Application - Variance to lakeo'hore setback and hardcover requirements Zoning District - LR-lA Application code sections - 34.4201, 34.202 List of Exhibits Exhibit A Application with attachments #'s 8, 10, 11, 12 Exhibit S - Plat Map Exhibit C - Survey - 1954 Exhibit D - Mitchell letter - January 31, 1984 with attachments ("similar" lot sketch and surveys) Exhibit E - Neighbor approval statements Exhibit F - Building &Zoning Department correspondence and inspections - Inspection - July 20, 1979 - Mitchell letter and sketch - July 27, 1979 Mabusth letter - August 10, 1979 Roos --Frick pz-oposal - February 1, 1 980 Permit 4195 - April.17, 1980 - Inspections - January 5, 1984 - January 6, 1984 Exhibit G - Staff sketch of proposal The applicant is requesting after -the -fact variances to the lakeshore setback and hardcover requirements in order to expand the dining area and -enclose a terrace. The construction has already taken place, without permits, and a stop -work order is in effect. Virtually 100% of the dry lot area lies within 751 of the lakeshore; hence .no hardcover is allowed as per 34.202. The applicant has represented the dry.lot area as 22,811 sq. ft. and the existing house as 2,600 sq. ft. The. applicant has not considered the gravel driveway in.his hardcover calculation, and staff estimates the driveway and gravel parking areas as approximately 3,000 sq. ft. The additions requested total 283 sq. ft. hence, total existing hardcover is roughly 2600 + 3000 — 22,811 = 24.5% -_Pr020sed hardcover is 2600 + 3000 + 283 22,311 = 7.5,8% Tole I 1124b rpm w arcs piy NEW M1100FILKIWI, . c suggest you take special note of the history of this project (see. especially Exhibit F): 07/ . 20/79 - stop order posted - Foundation work underway without permit, 07/27/79 - Letter from Robert Mitchell stating that work done was noting Bagley's desire.—.— replacement of an existing foundation, to screen the terrace =08/10/79 -'Mabusth letter indicating that existing terrace blocks are spaced so as to not be considered hardcover, and requiring" permit forthe foundation work already started -Applicant'. contractors submitted sketch of "screened pat io C 02/01/80 -Wrt�h — ,pplicant'.s cons=,uc-tioll oi. scxaen nouse., 0,4/17[80 * to be 'screen only all walls and roof are 01/05/84 Stop order posted - applicant had installed wood flooring and in permanent impervious roof over screen patio area addition to a dining area extension at the front of the house -X The dining area extension create s approxima tely 16 sq. ft. additional hardcover and is located 65' from the lagoon lakeshore. The screened patio.area add,- approximately 267 sq. ft. of hardcover; beginning 14' from the lakeshore. The property obviously has many limitations and difficulties since it to recommend approval,A is surrounded on three sides by lakeshore. In order to make the findings set forth in .32.340 Planning Commission would have 4� (a-e). .. ot� LAND ' USE MPLANN ING I 5ererlotion `— 9wn er PROPERTY ADDRESS 1105 West Ferndale ?toad ZONING VARIANCE APPLICATION � LegaI description shall be -he— on -meshed Survey, Exhibit 3 �`i°C '"�i'de; = 1 Appl.icatLon Farm PRESENT USE R..tdenc[a1 X (other) CITY OF ORONO EX.4 's IT - � I Frepere 0 , rs Llst — F 4 :. = P.O. Box 66, 6rystai g.,y, Mim,%"vtn 55323 1.73.735 / If Applicant in not o,+ner, explain 'las Ih'STRUCFI Or75; Pl.aae fir.t-end the attached ]nfnrmntfan Shert. rnapleee I[ems 1 - 13 or Print). ESTIMATED CONSTRUCTION ex l.cing use Wit! new .— Selo attachment COST $7,932 k - X. add on , rcrodel � rrplcce OWNER Name Ralph C. Bagley/Bag l;neGrain 0173-a'27Z .(Type If needed, attach letter o other SnFormacion [o fiercer describe your roque.[. Incomplete 1105 West Ferndale Road LIST OF EXHIBITS applications wlil"not be accepted, 1.Map — pia` n• ; Date Property Acquired J rh/Year) s .wrncary 3. 4. ,5, I 5ererlotion `— 9wn er PROPERTY ADDRESS 1105 West Ferndale ?toad In Let•1 A ticntlnn 6. LegaI description shall be -he— on -meshed Survey, Exhibit 3 �`i°C '"�i'de; APPLICANT a.- Ralph C. Ba le 47R-6272 g y 1 Appl.icatLon Farm PRESENT USE R..tdenc[a1 X (other) Phone 105 West Ferndale Road I Frepere 0 , rs Llst — F Y.alling Add,... Wayzata, Minnesota 55391 _ 3 -L", ter::ficatc of Survey Occupied bs, If Applicant in not o,+ner, explain 3ceci pt P/� Y - 1` ESTIMATED CONSTRUCTION ex l.cing use Wit! new .— Selo attachment COST $7,932 k - X. add on , rcrodel � rrplcce OWNER Name Ralph C. Bagley/Bag l;neGrain 0173-a'27Z By 1105 West Ferndale Road Ste FF 7n ora, cion hail ln.; Addreee � Wayzata, Minnesota 55391 1.Map — pia` n• ; Date Property Acquired J rh/Year) s .wrncary I(Yen Fd -a} (do not) also own other adjacent parerlls of land 6 �. Staff �anments AGENT Same Robert G. Mitchell, Jr. mane 473-'420$ Other. _nformeclon k Lindquist & Venn, -,,,p Firm 7 740 East Lake Street g r Using Address Wayzata, Minnesota 5.5391 ,5, NOTICES Should be sent to: Appl Senna `— 9wn er 6. PRESENT.ZONING USE DISTRICT LR -1A 7,' PRESENT USE R..tdenc[a1 X (other) Vs.en[ L rd _ Vecent Bullding(9) Occupied bs, d.`. DESCRIBE REQUEST _ eIr-bllah new use _ tontine or e.p&„d Describe request in detail: ESTIMATED CONSTRUCTION ex l.cing use Wit! new .— Selo attachment COST $7,932 k - X. add on , rcrodel � rrplcce vCN�j r • tirr��ru�� 1 1 1 i 9. VARIANCE(S) REQUIRED to d4 the requested Wor' Lac Are& Let Width X dardewer Sctbe.k (_ Front __ Side genr)X ocher ,Lake _Setback 10; Describe UNUSUAL PROPERTY CONDITIONS Preventing compliance wLch Zening Cd. r.quir.medcs:' See attachment i 11. Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY r alcing from .tries enioe.e t of roning regul.tLan. See at`aahalent 12.. Describe EFFECT OF PROPOSED WORK on nrighborLng Properties —d on Ch. rel hborhood to g R'n rr�l See attachment The APPLICANT and the PROPERTY OWNER must sign and date this applicatioll. The APPI.1G1h'C hereby agree. to provide all Inforamtion The MWEa hereby , kn iedcca and agrare ra thin appl ion [imi .. enalrrd r rc, and/., by Ch nlrg Adm Lnl.tratnr, .Frees and further ai ithnrltre r••q!�r•:eh,r a^.S�'? nor.. [o p y a12 f l ..pensee fuonrred in Caul- by City staff. eonsu:tnnre, agents, ceesxf ,a ionllmenin,orsr ty 'a1 .'his appl Lesfl.on, and .ertliLea that Ch, Infurx,&cion and Counc!L m.rmhera for ur e supplied is true and corrac- to Ole Lest of ,Js kn Iedge; P r.ns pf Lrsvv, el Rntlon end �3 vcrlfie.ifnn of LhLs request: X4_4 Applicant k -- ,y nature nate Owner' Signa.t ve Date _Q. ' .p _L - rr•, •r-. ...,1...p,. ,�N .•Ire �,nr- r -nor' Ia$twrt�sirascan�rs�.11T1 i r 8. DESCRIBE REQUEST. First, request variance to add bay window to north side of house extending house out 2 feet beyond present eave and 8 feet wide, for an additional 16 sq, ft. of hardcover in an area where one corner of proposed addition would be 75 feet from lake, but other corner of proposed addition would be only 65 feet from lake. The encroachment within the 75 foot limit would therefore amount to only about 8 sq. ft. Secnnd, request varicnce to cover previously screened porch which would add an additional 267 sq. ft. of hardcover in an area within 75 feet of lake. 10. UNUSUAL PROPERTY CONDITIONS. This lot is over 1 acre in size including wetland; the high ground excluding the wetland is over 1/2 acre. The house is about 2,600 sq. ft. .ie 7ize all according to the survey attached. The lot area covered by the !louse is only 5.3% of the entire lot area and is only 11..4% of the high ground excluding the wetland. Therefore the size of the lot compared to the high ground is very small at 11.4% compared to the 25% permitted lct cover in Zone LR-lA a'; the distances of 75 feet to 250 feet from the lake. Because of the peninsular characteristic of this land, no portion of the land is more than 250 feet from the lake; but also because of the configuration of the peninsula, much of the land is within 75 feet of the lake. The additions requested of ie sq. ft. and 267 sq. ft. increase the hardcover percentage irom 11.4% to only 12.6%. This house was built in approximately 1947 and so the general condition with regard to thi: house and its proximity to the lake has been in existence for many, many years. were this property and this house configured in a more normal circumstance, there would be no difficulty whatsoever in meeting any of the setback requirements. See example attached. 1l. UNDUE HARDSHIP Or PRACTICAL DIFFICULTY. As with many older lake houses, this one was built at a time when houses were very small. This house has been rented for a number of years by the present owner and its substandard interior dimensions were'not clearly known to him. The house is only a 3 -bedroom house with a small two car garage, living room, kitchen, and dining nook. The purpose of the addition to the north side of the house is to expand the dining noo from a size which in reality only allows two people to eat in the dining area to one which would allow six people to eat in the dining area. The new hardcover beyond the existing eave is only -16 sq. ft. A porch which does not have an impermeable roof .-i,s just a great nuisance because porch furniture cannot be left on the porch - a real chore as a practical matter. It is a hardship o require them to carry in and out porch furniture cushions each time they wish to use the Porch. The owner proposes that the run-off from a roof over the screen porch be channeled into a sump or cistern contiguous to the house to be held in the sump and only released therefrom slowlv such that as a practical. matter there would be no substantial increase in the rate of run-off of rain water to th- lake. This should ameliorate this problem. LRIJLlL�� nae ;I �>f' �(�Q 1 MMO � i-' - �'C3Q ��ry41�` UNFILKED ' CITY OF ORONO The owner wishes to state that he knows that this porch was to have been a screen porch. The roofing which is presently on the screen porch was put on by a tenant in the spring of 1983 unbeknownst the owner-. Therefore, the owner states that he did not intend that his property would violate Orono ordinances on this point. 12. EFFECT OF PROPOSED WORK. Because of the unusual con- figuration of this particular piece of land, this situation will not pertain to other lots generally in Orono. Because this is an old house which the present owner is bringing up to quality standards desired by the owner and desirable to the City of Orono, and since the present situation of the location of the house on the land vis-a-vis the lake is not of the owner's making, these limited changes should be permitted. 5 Ik IE ti! 11984 Ij CITY OF ORONO To INION ear - P,.^'-1-7/, ug `) I January 31, 1984 FEB - 11984 L CITY OF ms_ Jeanne A. Mabusth City of Orono Post Office Box 66 JROO LL ONARp C. LINDOUIST �a CRT G. NITCNC164.JR- NORMAN L.NEW ALL J. M[Gw AEL DADY LAURESS V,ACNMAN 1 1 L{ N D �\ [' T S T & V E N N U LCI RO>IERTJ..IATRTNAN- OCRALP E.MAGN U50N 1 y( [J i 1 JOg£PH O. xOHLCR EDWARD M.GLENNON PAUL w_TI ETZ M CLVIN I. ORENSTEIN 4200 IDS CENTER MARY G GV RTIN ROBERT J. SHERAN WARD D. NCN LIL ISRAEL E. KPAWETZ MINNEAFOLt S, MINNESOTA 55402 DONALD C9W EN90N £VGENL LATINO .-AN J AM CS P,NART[N EAU TELEPHONE ISIZI 371-3.211 �_'SES ., ►. M.CARTNY RICHARD J. FIT2G EPALO TELEX 29 0044 STEVEN NEON PHILIP J.ORTHVN -NOE LYNN MARE. SON JOHN A, FORREST TELECOPIER 15121371-3207 DAVID WILLIAM L,FOX 2ORENST£.IN A9 E. TERTER JCRROLO F.UERGeALn CABLE AO DRES $: LiNLA'N .M NEP S. SON ME WILLIAM T. DOLAN SUSAN -LOIO SUSAN O_LOITt DAVID M. LEBCOOFF JQHN R. HOU 3TOM JOHN H• STROTF MAN WAYZATA OVFICE OLNN19 M, D'M ALLLY DAVID O.NEW HALL EAST LAKE STREET DANIEL J. SM EPA. NUPTI9 OnENLEY ]40 %£VIN H. ROOM E, ROBERT I'ATMORE WAYZATA,.INN C50TA SS391 DAVID A. ALLOEYCR HOWARD J. KALFFM AN N. ROLF ENpw. JOHN p.W[NSTON R[Cw ARo T, D'3TLVN0 LAUPANCC R,WhLI nCH PEND -N. RERAN '-THONAS H; OARRETT TSI MARTIN R. R09CM7DAUN -DARYLE L. UPHOFF -DAVID J. Z]AVENPO RT .MARK R.JOHN9ON 0 "'SOVTw ELINOR C.LN9T£IN -RICHARD R. WALTEP bACMMAN O JEFFREY P.SCHMIDT .. _..-.-- 9V r.N THOMAS VENUM January 31, 1984 FEB - 11984 L CITY OF ms_ Jeanne A. Mabusth City of Orono Post Office Box 66 MN 55323 �a Crystal Bay, Re: Bagley Grain Company 1105 West Ferndale Road Dear Jeanne: Enclosed is Mr. Bagley's variance application together with exhibits and a check in the amount of $200.00. Mr. Bagley is particularly concerned that Orono understand how the porch carne to he covered. As your records will show, Mr. .Bagley lived at 905 West Ferndale Road for many, many years. When he acquired the property at 1105 West Ferndale Road, he rented it out. At all times up until the summer of 1983 the property at 1105 West Ferndale Road was rented to tenants. In the spring of 1963 the renter telephoned Mr. Bagley just as he was leaving town asking Mr. Bagley to make certain repairs at 1105 West Ferndale Road. Mr, Bagley then by telephone employed the man who did repairs on Mr. Bagley's then homestead at 905 West Ferndale Road to stop by the house at 1105 West Ferndale Road to Look into what repairs the tenant needed. Since Mr. Bagley had long used that repairman, he did not involve himself in precisely what repairs the tenant wanted done; it was his position to maintain 1105 West Ferndale. Road in good condition and therefore authorized the repairman to make whatever reasonable repairs the renter at 1115 West Ferndale Road wanted. I t UP fu Hf-CROFILVED., LINDQU=ST & VENNUM Ms. Jeanne A. Mabusth January 31, 1984 Page 2 It was only some months later when Mr- Bagley got -the bill from his repairman that he noted an entry that said "repair of roof covering on west porch". Mr. Bagley still didn't know what the entry meant because he knew that that porch had been screened and simply assumed that some repair work was necessary either to the screening or to the beams. What in fact had had happened was that the renter had put a sheet of plastic on top of the rafters; over the screening. The weight of rain had then broken through the screening and so the repairman, intending to do a good job for Mr. Bagley, put some rolled paper covering over the screening thinking that that's what Mr. Bagley and the renter wanted done. When the Bagleys decided to move from 905 West Ferndale Road to 1105 West Ferndale Road in the summer of 1983, as they began moving they stored some things on the porch as covered and did not at that time recall the particular significance of the covering or non -covering of the porch which had been worked out with Orono in previous years. Mr. Bagley wants me to make it clear to you that he did not intend.to break.any Orono ordinanre or go back on any agreement he had made with the city and the circumstances which have developed were unintentional and outside of his knowledge as they developed. But now that the situation is in existence having .a covered porch as opposed to an uncovered porch is a substantial benefit and he would like it to remain if the city would agree to the variance for it. It is his hope that his offer to properly gutter the roof over the porch and to build a sump or cistern will satisfy the city's concern about hardcover and run-off at this location. The Bagley application is herewith submitted; if you have any questions, please fson't hesitate to call. Thank you. very truly yours, LINDQUIST &/VENNUM Robert G. Mitchell, Jr. RGM.mes Encls.. CCw,°h C. Bagley TRIS 14EN nes em FICRonLNED EXAMPLE This example displays a lot of similar size with a most:: usual shape and a more usual lakeshore configuration showing how unusual the Bagley lot This exarnpl.e lot has about the same area of hirn ground (22,811 sq. ft.) and a house of :similar size (2,600 SLI. ft.) and shape. This lot of more regular dimensions and shoreline is large e=nough t£tacWomth�., modate a 2,500 sq. ft. house and adcii tions thereto of. only 283 e]. cotta. out doing great injustice to the zoning Y" S' i �O r 75/ :15' -D) FFt---I @ 1 084 CITY OI= ORC)i 011 5�uf-aIiani. HIS I1EM IAS BED fx.ICSOflIMED D� � 'W L W, -4: FEB - i 1984 -CITY OF OR T # fl Da%o i April 9, 109 0 0 c 'Iron marker Ibl 0 BROWN'5 SAY LA.KE MINNETONKA 616942 OFFICE OF REGISTRAR OFTITI-F-S MNINEPIN COLTN'lY M.lNL,E`Q i A i I ffa,abir Co,ufv That the Ph.n N902 fDw of Rer.Js :my of Titles, Covey of HmneqiN tva$ filod In this office Mils rf T'� day 3j..j.PArj7AtjLy A 0,4 T Ife a: ' . _-Z-01clockilldd. DON A L f) rS F N Yy P, VC Reglst?.-r of TIU&I DeNty. iA CRIGMA.L 0j, t. . UPJU?LAL 901) RZCZSTUED LaXD SI m I UMPIX COUM, )lZXJ6'tSCTA I h-r,b7 e-rtlf,! !hl. In accordane. with th- Trowlslooff or cl.it.r its, ;em Stat.t" of 11411 as am -014d. ;lot% i h—e z�,yee. tt I lowinr-daeicrlb-d tract ci�Iand In th. county or !.�.rin &nd the stsLe or ms on..%a, to A wit: All or Fortatered L" Sur" he. 533, r11,!s or Prelst r&r of Titles, County or Mneptn, .rd thatpart. U of Tract A, P&rlster-d louxl Surv-y No. 1..41, fl1:p or ll ef, I�Vrar of Tltl-s, County or Henn*F-rn, d-mcrit4d as follower Rofirmine at a point on th. Noribwotorly. line of said Rglmtnred Land Sum�y go. 587. distant 67,6 feet SoUthwasterly from the most Korti.orly corner th;rmofl thence Northwesterly at r14ght arelps to bald V] gorthw-t—rly line, j feet; thence SuOftvtrly at jj ripht snrlps 14.5 feet, thence Scuthometerly at rIght. uWl�s, ) feet to the Northwesterly line or bald Repletnrod land Surrey No. '81; thence XcrtL"..sterly to the roint or beginning. And that the sur►my o? -,ow herein Is a correct dellne.Aion of said survey. J-1 A, U Z. S. P.P.No. 1742 L.% 14, 441 MILEY & MIF7, DWinorirs Long EAka, Mnnnecto 0 110 Da%o i April 9, 109 0 0 c 'Iron marker Ibl 0 BROWN'5 SAY LA.KE MINNETONKA 616942 OFFICE OF REGISTRAR OFTITI-F-S MNINEPIN COLTN'lY M.lNL,E`Q i A i I ffa,abir Co,ufv That the Ph.n N902 fDw of Rer.Js :my of Titles, Covey of HmneqiN tva$ filod In this office Mils rf T'� day 3j..j.PArj7AtjLy A 0,4 T Ife a: ' . _-Z-01clockilldd. DON A L f) rS F N Yy P, VC Reglst?.-r of TIU&I DeNty. iA iNlt I1fN "AS BEEN NCABFlIMIED ORIGINAL er AAl .1 M.-011 40 ?mmmn wr=Erl-1 rI 'Y 1171t:: -A I L*4 j.'.4 N r I hwr e( 40 -A I -1v i 4 KV E3 it 4v - A I ht rrlq riirr th-t In ftrvrdarwtt ,with the ir(,.. un c cr Cl m4t rrr 56, K! mirrr I r of 110 As mvrnlri, T hrv* m�y", tr follovsrr e—r1,+,' t t or -.Mrki CCU!%ty 'or 't�tjrp- to sWjtL '7hAL. 'oj art of Wr"l:oM Cotk,Lrr Lahr '5 C U'Dt(rly r., Voillyrntrrly l4l'o,al C.,". r &L o J -DIM "n the '"li A• s"` 'tV $A? 'A I •f I y Star 17 r.,e I N c , tiro r t , r I r m F., a t r rl� a , , r kat 15A flet as. Tj ce � 1, -C ; t2 SCiA h 4 1 G t -, lo W.5 rk rtf- sw 3W 6pitt-3, I '"rul, Ree V^Int 1-tr►ItArlrr rvff rre., %v aro i!vFZrnAted &V rolat "A-1 thfnrt 5tri-h 410 X" Well tC th, "b�ry or Thkt rl--',l Mint tb� DClV*l roint cf. Ermt to Ai,v rrC�Ppje Nint -A") Lheneo of t.,I,,l rrll�dj Vien" Nert), 11' 16, Um- 11C_r, fret) acre or Irallp =. r, A"r.u.nr Earth ;.r N10 in thr rat-jjWjMterjV JIM s, j"M let, ejot4rt 27rf.-t �,t y rr.LIf roPt j Jdtrry Clk�rtiJr 40."rrda- llnl FMrk If Lnf- 9 rIr LorLFr?7Y 7mICf r -W L.A 41 *lDnr w10, �; L^:JtjLly JIM, ii,t2,or 1.5 Al, ulp Smll�gt, r-]:. �.r•!I«j +ltll M 15 re�t Un, of Ta, feet[ th-nr- i M &rl,ie 10 .14", -I- rl or q, 1,j ;r4 I- F!r.9i:,r, a A W Al en,, to tt., 1-1,1 4w v -a r,, ri i. ur 0- t . ire �Cjne ihp C.�mty Ptd,4 tb-nre I;oj I � rly t —Int , rveard in the vf'rjL- or tt.. .14crI-t-r or T—da In &M for writ Hr.nn,,rLr. Ce tj jo4 I Vnt th, ri"p:, rNwn IP " ttnrrveL '1;df11newtian of jft 14 IrUrVdy "fij' 1,j i= 30, 5 ge I Ir-.,, r.. RF LUI & kl,UY, FntJhtrfl rDe SR r: tlNy 2F. : I a - rw-r, w,, 174; jruo Am AIT 46385, MONAL C)FnCF, OF REQ1.7=71 OF T=3 F I L E Ky.Nr;j.j,jN COUhff KINNE301A I I Cgllfk 7tRL me wil.Llin R&gWim*d Land Svl,t.. F" Tft*t, C,,,* 4f *mm;i; wn BEd PA lhl% offo , t kT r it. I DONALD CIMNNYHOFF LINDQUIST & VENNUM 4200 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS. MINNESOTA 55402 MEMORANDUM DATE' February 6, 1984 fO: City of Orono, Attn : Pam FROM: Robert G. Mitchell., Jr. SUBJECT Ralph C. Bagley/Bagley Grain Company As you requestea, enclosed is a certified list of property owners within 150' of the Bagley property; plat map, and mailing envelopes with the labels affixed. If you need any further documentation, please let me know. Thank you. RGM:mes Enc 1. DELIVERED BY MESSENGER 2/6/84 L�r � TRIS OEM NAS BFfN WICAAfllYf1 r^•, ^`; O 0 ©tr Ln V p Ln M .G 1 11 it j I :L W 6. 0. O x C f.9 O CC J p f- H j P h G O 0 W V In Q G :� ICI O LL m O ' 07. W) oLU W c sy C; to 9 o w Z SWI" J P M WLI IGQ LKLu W u H H1 Y U • M M F- o I .7 4 Gln .7 QOw » w -A } M YR' iY N [ JJ j^Q T-. i Q N hJ N Z'dlLn o ww aw ,a U fa Q N n p N U IA 2 ul F s•I .fir LJ.H Z4 V XYMJ S 4 Li N M 33 W:L JJ�Z Y104: fYr3 C N N a] In N Q H 0.4p S S Y Q O } ?+ Ih W W - i J }- - LU0. 00 In o J..i N C" n4lzla o:iRo fu` A Y U, i {{pp S In -d R [7Gtli �- 6 [5�� �1J W Q d } a tt] r W (n 4 s- LL `a n fn � MK O CCW1- 0. W ww is: {7 >i [rl V M Q W GM lJ n, LLJ m F�1G••4 F� Ml X: LL 5 ._0 F pew �M .7 4a]G In u� i7 - w W111 .M M W WQC T M i_r2 M S s, t sy l7 -!• i Nf Y1 W r ff W 7! !n1 N l T 7.' "i. O ul MG i N C (] [1 LLO ,q �: w•i w lu Ir 0 n z n N M U �/5 I lY W 7 n W w z F- 1• :_ ai iY Ly (xx 1� l� X N W � rr W J J Q .•1 .-1 0.' N of H H L7 N } Y{ i 1 i N j r F• Lr, W Y- at at L C7 ? W NJ '7 N O W W .� 0 Ln Y. sa K . In ],] Il W •� � W +• i - w IL f? Min M L'J Lk lL L: O O u 'a i L61 C co ©tr ; V p 1 11 it j I :L 4 O x C f.9 O CC J j P G 1T !x M LnP Q G :� ICI G' J IV IL u] 1:1 ' M 7� M WLI IGQ LKLu M'+[� _ I w -A S iL U' C7 Ll_ [ JJ j^Q i JJ cg i Q a o ww F- o .* L .i ,a fa Q N n p N W aT li] o � 0l] PN V XYMJ S CJ fV or Q L)'+d N M 33 W:L M J J.r � Y104: fYr3 C N z o LU0. H In o O it) C�a C" n4lzla o:iRo fu` A U, u W IL :L 0 C) 0' C= An C) An N H m AL LD Irl m r, r !� 00 m o ti M S C r o u uc rNlr F- tia O 'P a b O w n F- ix U r- D. D. u 2 n W dl G rrC j7 x'n C !• o N o fy 1.! 1aJ @ a 6 W In 5- M u a 7 a Cul a pqw M . a K: l I M ! IJ n nI U J clu.Mx N �71n 3. H M a4uln u L2 o a .� LX IX 'M CU•o a L' O r N JJ�f[]i Kf HH3 rd ! Un1 a SOU o` M aQ s N o r Vf q D Y=8C"l tl 4o �fL O u 3 3 N' M p tl d L i C) 0' C= C C) Q N LD r !� 00 m o ti M S C r o u uc rNlr c,s In J O 'P w [Y 2 b O w Q pLL O [C 0 p Cll r- D. D. u 2 n MM� rrC j7 x'n M In My! 0- fy 1.! M W W 7h I00w '421 W ILt1 i ! W W In ! Mwu In mm 1 IY w7 a n z r ca I,w c . a .~. J J r. Lr Ir M W k F-W N �71n 3. L2 o a - o W W oIna:-6 a L' O W 4! �? N :1 SC ■f7J J J (A 1.7 y+•J Un1 a SOU o` M 4+[N11 -j -j M Ima4]S M o tla7 r. D u M IL y'! z u J P o U U N N' oo- Lt o sIxU OO-- arO a -r J Jitm M W J M Q �m Q ti�1.]in ,' 15.11aJ i'1'4 M ti CL M W W w Q U .. -! M O u U LI N 1 9k -J N JJ W Ln ! 41 W In N Ly O 1 H uuH uuJ r- wH W iY w ! JJCI Lu H JJ4 W 19U1L i ww G.•. >Xw 4 d 41 in o N uW -j YY. 511J ou.1 lu.�M 1710NT \ N O In M 00OY O 004 : j 3 N 3 m .4.1a NwZ M C1 -+f7 C. 4 N ut L O .".. ❑ w m r: el 11! O a o Dc C4{N� m O'l ti O O $ [ r W .nx`�` 4 W a""!` C E IL m rc ap a ib r a v 40 4 rn a r - u q eu C IU W m W Y IX 2 r r o c in X N h W W a 11 LY I iNt ITEM qi C) 0' C= C C) Q BEEN 1HROMAIED1a of EXHIBIT I # - L CONSENT OF NEIGHBOR We have reviewed the Bagley variance arpiiQdtion and exhibits and believe the work proposed would be a benefit to the Bagley property and to the neighborhood. Further, itwould not be a detriment to o.ur property and we there yore ask the city council to approve the requesLed .variances. Dated: F_� 1984 JI -1 TRIS 111-1 AIS BEEN t MICRORLMER CONSENT OF NEIGHBOR We have reviewed the Bagley variance application and exhibits and believe the work proposed would be a benefit to.the Bagley property and to the neighborhood. Further, it would not be a detriment to our property and we there- fore.ask the city council to approve the requested variances. Dated: ��- ° ( . 1984 L�Odi' FEB - 2 1984 �' J TVIS 11ru Oct BEEN IINERIFRME@ p V'3- t CONSENT OF NEIGHBOR We have reviewed tNe Bagley variance application and exhibits and believe the work proposed would be a benefit to the Hagley property and to the neig:iborhood. Further, it would not be a detriment to our property and we there- fore ask the city council to approve the requested 17Arianmes. bated: _ _ 1984 t TNIS ITEM pus BEEN MCNIFILIED CONSENT OF NEIGHBOR We have reviewed the Bagley variance application and exhibits and believe the work proposed would be a benefit to the Bagley property and to the neighborhood. Further, it would not be a detriment to our property and we there- fore ask the city council to approve the requested variances. Dated:- 1984 �Jr Mo � iltlS OEII us BEEN MCIORIMED � IIEN HAS SEEM NOGRIND ti k Q Z N W 2 O W CL. O O k W Q Z W z W b' w cc LU EXHiBI CITY OF ORONOCALLED•W DATE TIME INSPECTION NOTICE PERMIT NO. COMPLETED ADDRESSS L -7� OWNER CONTR. TELEPHONE NO. ❑ FOOTIING NG 0 PLUMBING RI t��iTE INSPECTION ❑ MECHANICAL ❑ INSULATION ❑ WATER HOOKUP ❑ EXCAV./GRADING/FILLING Cl WALL BD. 0 METER SET/TURN ON ❑ 0 LAKESHOR EIWE7 LANDS 0 LICENSING FINAL 0 SEWER HOOKUP ❑ PROGRESS0 SEPTIC INSTALL. C DEMOL. 0 SEPTIC MAINT. 0 FOLLOW-UP 0 SEPTIC FINAL C FIRE PREV. p WELL TESTPUMP ❑ COMMENTS: p ID WORK SATISFACTORY: PROCEED DPHOTO TAKEN O 0 CORRECT WORK & PRCCEED p CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING p�(JRRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. STOP pRDER POSTED. CALL INSPECTOR. C SPECTIONREDUIREO.CALLTOARRANGr.ACCESS, call for the next inspection 24 hours in advance. Owner/Contra on Site Ipector 473-5357 . White COPY IIn:pector% File ✓ Gold COPYISite Notice .t r--7 11AS IR�1 MAi BE[N NIGIIOFIIMEA THIS ITEM W% BEEN MICRORLMED LEONARD C. NMaOVI3T I_ IN D Q U I ST VENNUM DAVID J. DAVCNPORr NORMAN L•NEWN ALL MARK R.JOMNSON LAURCSS V, ACKMAN :` RICHARD A. PR..UT. "OC RALD C, MhGHV SON 4?00 10`3 CENTER 60 ST3UTM 8Tw sTR ELT JCFFR CY R. SCNM1Ol COWARD M, GLEN NON KRISTINE J. STRDM MCLVIN 1.0RENSTEIN TIMOTHY H. BUTLER EUOCNC H. K CAT ING MINNEAPOLIS, MINNESOTA 55402 R DBCRT G.MITC"rLL.JR. JAMC3 P. MA RTINCAV J. MINA;L DAO♦ RICMANO.J. I11 -RALO J•KC VIM C057LCV PHILIP J.ORTMUN JOHN C.GOET2. - MACLAY R. HYDE TELEPHONE Is12) 371-3211 R.UCC A. CNSTAO - COWARD J. PARKER ROBERT J. HARTMAN JOHNA, FO PRCST JOSEPH O. KOMLEQ WILLIAM E. FOR CABLE AOORESS: LINLAW JACK A. ARNOLD JLR RO Lb F: BEkO FALK RICHARD D. M'CNEIL "WILLI AN T. OO LAN WILLIAM C.HORTCN5CN -JOHN M:STR OTHMAN DAVID G. NEW MALL - WAYZATA O�RI.:E _ :xVRT1A A. OPECNLCY 740 EAST LAKE STRCET NOBERT V. ATMORC HOWARD J.KAUFFMAN WAYj ATA, MINNESOTA 55341 JUMN. R. WINSTON LAl1RANCC R.WALDOCH - 'TMDMA$ H.GARRCTT M OI CO VMS[L . D ARYLS L.UPHOFF THOMAS VENHUM WAYNE A. SIVCRTSOM DENNIS M. MATRId E. July 27, 1979 Mr. Thomas J. Jacobs L� O L U f LLF Building Inspector ID City of Crono Post office Box 66 AUG ] 1979 Crystal Bay, Minnesota 5532.3 Re: Bagley Grain Co. CITY. OF ORONO 1105 West Ferndale Road Wayzata, Minnesota 55391 Dear Mr. .Jacobs: We represent the Bagley Grain Co. and your stop order posted at the above address on July 20, 1979 has been brought to our attention. Permit me to set forth the facts from the owner's point of view with regard to the property. As you know, this is quite an old house. The owners going back in time have been the Bagley Grain Co., 1976-1979; Al Wilson, 1970-1975; and Bob Carter, 19.54-3.970. 1 am personally familiar with the property and know of my awn knowledge, and the.Bagley Grain Co. also knows of its knowledge from its inspec- tion of. the premises, that there always was a terrace around the west end of this building, see diagram attached. The terrace consists of paving blocks laid on the ground and on the outside. of the paving.blocks, there always has been a foundat°on of some sort: The foundation was the support for a series of benches and two storage lockers which faced inward toward the house. The work done recently by the Bagley Grain Co. was repair and. replacement where necessary of the already existing foundation and in exactly the same location. Therefore, there is nothing new here,but rather repair and restoration of what had been there. I believe that i-. is evident even to a casual observation that the paving block. :ave been in place for many years and thus it is clearly demonstrable that the area of this terrace -has not been increased. I would not think that repairing part of a terrace Ll N'D Q U I ST & VE N N U M THIS ITEM Kid lux Mr. Thomas J. Jacobs July30, 1979 Page -2- M111SPROFILNED .should be considered new construction, nor do I believe that such rLp"air is prohibited under any Orono ordinances. The foregoing being the facts, the Company would like to know .if.any variance is necessary for the repair work done to date. -.'Beyond the work done to date, the desire of the Bagley Grain Co. is to keep this property in good condition and to repair it when necessary as they have done. In particular, the existing patio.is of limited use because cf the mosquitoes in the area and -.what they would like to do is screen the patio and possibly have:. .a small greenhouse on one end. This is the building permit which the Bagley Grain, Co. would like to apply for. In view of the stop work order you issued. I think we should talk about the general situation before we get into the details of the screen porch greenhouse. Please give me a call so that we might discuss the above at your conJenience. Thank you. Very truly yours, LINDQUIST & VENNUM , Robert. G. Mitchell, Jr RGM:mes CC: Bagley Crain Co. Isis Telephone 473-77,157 ' Post Office Bux GG -Crystal Bay. Minnesota 55323•h1unicipal Offices On the North Shore of Lake Minnetonka August 10, 1979 Mr. -:Robert G. Mitchell, Jr. -Lindquist & Vennu:n 740'East.Lake Street Wayzata Minnesota` 55391 Dear .Bob : I`accornpanied.Tom Jacobs on the site inspection at 1105 West 'Ferndale Road on July 20, 1979. A real estate agent asked .that I.inspect .the:site to determine if a variance would .be required to'screen„the terrace area. I was advised that a, foundation existed around -and under the terrace area so that a proposed roof would not involve additional hardcover. within 75' of the Take. Upon inspecting the premises,:I found the foundation to. consist -of no. more than new concrete blocks along the edge. of the terrace and no sign of a foundation below the terraced area. The renter informed us that the excavation work along.the,.edge.: o the terrace was begun in September o£ 1978 and the foundation: block placed'in May of 1979. Yes, I agree the terrace, blocks have been .there for years, placed in a manner that allows runoff to filter through affording the desired filtration before reaching the lake. �.In reviewing your. client's proposed plans, a variance application .:_ would have be filed with .the City to allow the increase in hardcover within a setback area (0-75' from .lakeshore) where none is allowed. t In response to the work al -ready done on the repair or restoration of` -°the ald`foundation, a building pe=r it was required. Any changes made in a.structure requires building permit according to the., State Building: Code (Uniform Building Code). Any improvement'.: within this. restricted area requires review under a variance application: August.10, 1979 Mr.. Robert G. Mitchell, Jr. Page 2 We do not' -have a survey for 1105 West Ferndale Road in our files. A survey. will be required if the applicant wishes to proceed. The!'sux-.rey should. include the exiting structures, proposed'. ed.' structures and the 75' setback line on both the lake and channel sides. I will wait. to hear.fromyou on this matter as I am certain the.r e'will be'further discussion. Sincerely.,. _4 a .4 I 1)L 8LE1.1W E FEB 4 19+;30 CITY. OF ORONO February 1, 1980 Mr. Tom Jacobs City of Orono P. 0. Box 66 Crystal Bay, YY 55323 i ROOS-FRICK Inc. Ail - ,517 Hennepin Aver:ue Minneapc,lis, MN 55408 GUST OS E.V. PRICK Phone (612).27-4731 .. �tl1MJ�lllJ�% Tom. Here is an idea for the screened natio area a 110�g'erndale. What do you think? Would you issue a building permit on uc a s ructure? i'll call you next week. Thanks, 1kahSC.Parz 1RS 119M us 1EM ■IGRU�II�tY NIS ITEM NAS NEER PERMIT 41 Building Permit MICROFILM DATE ISSUED 4- AN1` A I F r1._ -;` _ 'F _ ",.TE CIF OCC P4f'.1CY V;XP REv- P,D, BOX 66, CRYSTAL BAY, MN 55323 473-7357 ZONING DISTRICT S€TEADDRESS +_gL1!)ALC-- WFC - __- LEGAL DESCRIPTION: PROP, ID- I nT PI nrK StJRQfVISInN FIRE ZONE VAR. DATE COND. USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS FRONT R.SIDE REAR L.SIDE LAKE WETLANDS ACCESS NEW EXIST!NG AGENCY•APPROV. DATE CITY COUNTY STATE PR. EASEMENT WNER (Name) (Address) (Phone) I C L 173 fi I ARCHITECT' N GIN__R —Musk Certify Multi. Family, Commercial & Industrial Construction Plans ERT.NO. INSPECTION REQUIRED WORK REQUIRING ACKNOWLEDGEMENT (Firm) (Address) (Phone) BUILDER (Firm) (Address) (Phone) TiiE UNDERSIGNED HEREBY nEOUESTS PERMISSION TO MA 5 7f(C,� vE S SZ -4-73 TYPE OF WORK New dditio Remodel Renovate _ INSULATION .y CONST. YPE BLDG. SIZE EST. CONST. VALUATION UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPF I WELL ._-_. ANCE OF ALL INFORMATION, CONDITIONS AND REQUIR:-i SEPTIC RESIDe" AL STORIES B 1 2 3 PERMIT FEES BDRM`JFLR BLt7G. PERMIT ��7 DWELL. UNI1S WATEI'R -__._ STAT I= FEE 62 PLAN REVIEW - — GAR.STAI.LS SEPTIC -- ATT. DET APP. DATE PENALTY CF MINNESOTARUILDING CODE REQUIREMENTS. CALL 8 . 12 A.M. (NSP. 1 • 4 P.M. CALL 1 • 4 P.M. INSP. NEXT DAY DOCK PARK FEE NON-rRESID. PROPOSED USE Signa[vru SACCHARGE OCC. CLASS. STORIES COUNCIL p - APP. DATE TOTAL DUE Cs X10 d0 REMARKS: �><rs>✓- F^r2 1�L F;.OVY '.•1FIITE FILL "r INAN.F ::ANA RY—IAI PF CTD. -k I i inT r.l Y, As+ "FIMOR3, I"�A. fs/ilA /Pi`' - City of INSPECTION REQUIRED WORK REQUIRING ACKNOWLEDGEMENT SEPARATE PERMITS FOOTINGberorepovr TiiE UNDERSIGNED HEREBY nEOUESTS PERMISSION TO MA FRAMING rouglOn _ INSULATION Pl.U%1B`NG THE REAL IMPROVFMENTS SPECIFIED, AND DECLAR WALLBOARD Before Tapi u.1 MECHANICAL ___..._._- ----- UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPF _ L FINALt?afare occupancy WELL ._-_. ANCE OF ALL INFORMATION, CONDITIONS AND REQUIR:-i SEPTIC MENTS REPRESENTED ON THIS DOCUMENT. THE UNDERa WORK BEYOND OR WITHOUT A RE. SEWER CtjiRED INSPECTION WILL. BE SLIB. SIGNED FURTHER AGREES TO p0 ALL WORKS IN STRICT CO WATEI'R -__._ r JECT-0 PENALTY, - GRADING &FLEEING __--.___- PLIANCE WITH ALL CI'rY OF ORONO ORD INANCES AND STA INSPECTION HOURS 4737357 CF MINNESOTARUILDING CODE REQUIREMENTS. CALL 8 . 12 A.M. (NSP. 1 • 4 P.M. CALL 1 • 4 P.M. INSP. NEXT DAY ELECTRICAL from State A I Signa[vru F;.OVY '.•1FIITE FILL "r INAN.F ::ANA RY—IAI PF CTD. -k I i inT r.l Y, As+ "FIMOR3, I"�A. fs/ilA /Pi`' - City of 0 7 J N JO k J L7 ZZw O�� J WawOFaZ rail�Szq�LL 2>NyJOU - wUyw�JF �X4VOOw NwJJULLS/) z D Z 0. -Z,j ,OO JF -7 S<O�OF- a C7VO�;pN4y Zz=om-2w Q rt �- I �I W W U U J OwQv$aawy LU ;❑❑opo❑❑❑ V z °z �I ° . f I zCC Z Lu Z ~ o U W LIJ a LU 0. I -m <0Od W LU 0<:)—j 2LIJ lx F y n xr LULL U i CL n U ? 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MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984 PAGE #815 RALPH BAGLEY #83 5 O:5)FERNDALE ROAD WEST VARIANCE Bob Mitchell, Ralph Bagley's attorney, was present: Chairperson Goetten moved, Adams seconOo-d, tc, approve a variance for Ralph Bagley finding that the property. s severely limited. on the peninsula and the location of the house, based on the follow,.ng conditions - 1. Survey to be updated and existing and;proposed hardcover determined prior to scheduling application for Council action. 2. Applicant is placed on notice that future hardcover variances may not be approved... 3. Extend the roof and rebuild according to' the building code. Vote: Ayes (4), Nays (0). PLANNING COMMISSION REPRESENTATIVE TO ATTENDCOUNCIL MEETING Callahan volunteered to attend the March 12, 1984, Council meeting. k; APPROVAL OF MINUTES Adams moved, Rovegno seconded, to approve the Planning Commission minutes of January 16, 1984. Vote. Ayes (4), Nays (0). ADJOURNMENT 11:23 P.M. The Planning Commission adjourned at 11:23 p.m. I Ir 7"T ControlNo. { r;,•!'r:ylal'Tiny,'!lfinnc��l;i'�i5i2:i•1fu�irinrilt7iCn4 XXX Variance Trlephnne 473.7:157 .k Conditional Une "Permit Ralph 8r. ;ley - � Subdivision, Preliminary 1105 WUSt ' -ndale Road p Wayzata, Aii . 55391 cc: Robert G. Mitchell, Jr__ i Lindquist & •Vennum Date of Notice 2/28/84 740 East Lake St. Wavyza 55391 NOTICE OF PLANNING COM+MISS=N ACtla ,CC E D etA of. Meeting 2!21/84 UICIES, Votes: 4 For Against Planning Commission recommends the following: Approval: As submitted XXX Approval: Subject to conditions noted Approval: Additional information required before Council Meeting Denial: For reasons noted Tabled: Fending receipt. of additional information from applicant. 'fabled: Pending review by others, or further Planning Commission study 11c action required j. 'r �i0T.E5 AND SPECIAL CONDITIONS 1} submit un ated 1rvev cnnfir�s�y sethark_c fnr "bay window addition" and "screened porch area"; 2) surveyor.to confirm existing hardcover on property (include screen porch and rez.r addition, -gravel ,.xoad;,wal}cways, etc); 3) all after -the -fact construction must be authorized . r�'.by building permit and all construction to be subject to standards of the . building code. Applicant's next schedL.�uu m etirig is confirmed as: Planning Commission -- Council jam{ Applicant'.s next scheduled meeting is dependent upon receipt of additional information. Dcadlin,e,for the March 17, 19$4 meeting is March 2, 1984 or March 16, 1984 for the Parc �^ meeting. in -all cases, the application must be continued withthe submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning If you desire certi`i�•d copies Di the official Planning .Comirds:•ion Minutes they are a•:aiiabl from Buil-'.in.g' and Zoning Se_re•tary upari rcVie:/ and. by the p lzjnr�inn Cc,r :.dssion. ' t TO: City council FROM: Jeanne A. Mabusth, Zoning Administrator i7AT�' March 21, 1984' SUBJECT: #815 - Ralph Bagley - 1105 west Ferndale Road - Variance - Resolution Application - After-the-fact variance application seeking variances to. T setback and hardcover requirements a 4 Zoning District - LR-lA s Application code sections - 34.,'M, 34,.202 f Total Area. 48,700 sq. ft. 0-75' dry buildable - 26,300 sq. ft. Hardcover d` a) Allowed hardcover - Q Existing hardcover - 7,186 sq. £t. or 27% (4,400 sq.ft of hardcover,. in shared drive) Proposed additional hardcover - 424 sq. ft. or 1.6% Total hardcover - 7,610 sq. ft. or 28.6% b) Lakeshore setback I Main take A:. Req�d '75 Existing 72' Proposed - 12' Variance - 63'.for screened porch Lagoon Area 'Required:- 75' Existing. 72' Proposed - 68' Variance 7' for bay window t List of Exhibits Exhibit A - Application with attachments #'s 8, 10, 11, & 12 11-g Exhibit B Plat Map Exhibit 'C - Survey - 1954 Exhibit D Mitchell letter - January 31, 1984 with attachments ("similar" :,.. €. lot sketch and svr%-eys) Exhibit E :14eighbor approval statements Exhibit..F -- Building & Zoning Department correspondence and inspections Inspection - July 20, 1979 Mitchell letter and sketch =r July 27, 1479 �� . BEEF #815 - Ralph Bagley March 21., .1984 Page 2 - Mabusth letter - August 10, 1979 - Roos-Frick proposal - February 1, J_980 Permit 4195 - April 17, 1980 - Inspections - January 5, 1984 -January 6, 1984 Exhibit'G - Current survey designating hardcover and location of structures and improvements Exhibit H - Planning Commission minutes -- February 7.1, 1984 Exhibit 2 - Resolution approving variance The applicant is requesting after-the-fact variances to the lakeshore setback and hardcover requirements in order to expand the'dining area and enclose a terrace. The construction has already taken place, without permits, and.a stop-work order is in effect. ..Therupdate survey (Exhibit G) requested for this review, confirms.that the entire property is located within 75' of the lakeshore. The hardcover and setbacks are confirmed in the revised survey. The existing house has been there for over 30 years. Exhibit F reviews the history of the ::. after-the-fact construction dealing with the screened porch. Exhibit D.reviews the applicant's response to the current violations '. against the.property. On February 21, 1984, Planning.Commission approved the proposed additions to the property stating that henceforth, the owner is placed on notice of the-.hardcover limitations on the property and that the property's developed area,must never exceed the current approved level of hardcover at 7,610 sq. '. ft..or.28.6% or encroach any further into the 75' lakeshore setback area. Staff would also suggest the following findings in approving this application .1. .The 4;400 sq. ft. of hardcover credited against this property is the shared driveway that-serves property to the east. .`2. A house has existed on the property for over 30 years. 3. The.pruperty is surrounded by water on three sides making it impossible for any improvement to meet the required 75' setback. Owner plans to redirect drainage from screened porch roof away from lake into a retention area allowing for ground absorption of adaitionai drainage. The. enclosed resolution has been drafted incorporating the Planning Commissior.;- recommendations and the findings noted above. a IIUS Hs BEEN INCIBRIVED 4z U U m AF Z -• rr\ C r 71- 00 a � V � y4 m d Q `rczr�°2 (AV9 fI.MJ�l3) e x r\r 0 a Ck� o a w � V m � � _ Y N _ 4f eCe N f-7 N m N CI d � � F. . • _� K Ln aLL w y a a — C p m O W 7 _ m d z - J N V N� - w L w N O r L N w � ~ ti � � 61 •- T ro � m L C J e> � C� � 2'] V •+ L N C W L�� C_ w w o 7 cea m L ULn ul in o a ^ r of o c _L. •- r9 a m N T 7 C U H w ID L F r>? L pr - ..f.= rn� N 3 m Z !( 61 d d L 71 ti a o m 0 0 i m m •m w Q¢�¢¢ c sn s � w AF r 71- 00 a y4 `rczr�°2 (AV9 fI.MJ�l3) e x r\r 0 REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 26, 1984. PAGE 3 #809 JACK HAMLETT 2696 ETHEL AVENUE "FINAL SUBDIVISION RESOLUTION#1613 Mr. and Mrs. Jack Hamlett were present concerning their lot line rearrangement. Mayor Butler stated that this is a tat line rearrangement without creating any new buildable lots. Councilmember Hammerel moved, Mayor Bulter seconded,.' to approve Resolution #1613, A Resolution Approving A Metes and Bounds Division of a Lot Line Rearrangement For Jack Hamlett, Dorothy Kearns, and Gordon Amundson.` Motion., Ayes (3), Nays (0). b= 815 PH BAGLEY F LERNDALE ROAD WEST VARIANCE RESOLUTION #1614 Bob Mitchell, Bagley's attorney, was pre'sent.., Zoning yti Administrator Mabusth stated that the present code violations would be corrected at the time the building ;•; permit is issued. Mabusth stated that Bagley offered to direct the drainage away from the lake and into a ' retention area. Councilmember Frahm stated that if this wasn't. an after -the -fact application that the City probably wouldn't have approved the variance, application because of the hardcover problem. Frahm statedthat he would like to see a trade --off in hardcover:as in the McDowell application. Frahm noted that there is too much hardcover on the property already. Mayor Butler noted that the property is very unique. Mayor Butler moved, Councilmember Hammerel seconded; to approve Resolution *1614, A Resolution Granting.A Variance to Municipal Zoning Code Section`34.201 and 34.202 to permit the construction of a screened porch 12 feet from the lakeshore. Motion, Ayes. (2), 'Nays Councilmember Frahm voted nay. RESOLUTION #1615 REEF SING TAX FORFEIT LOT FOR PRIVATE:SALE Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1615, A Resolution Approving the Release of Tax Forfeit Lard, Tract V, RTS 461 for Private Sale To Adjoining Property Owner. Motion, Ayes (3),.'Nays (0). US BEi MICROFILAIED 0. - Copies to: 740 E. Lake St. Wayzata, MN.55391 •COUNCIL ACTION Vote: 3 For Against Abstention MOTION'to approve your variance application based on the findings and conditions setforth in the enclosed copy of the resolution. Please make arrangements to come into the City office to sign the three original resolutions at your earliest convenience. ` ads fi{;r3{%C�rC'`.rfirfir]'c-kfi{;F]IC:'{:; ikr:r:rlci'tfi{;';':r::7C;C;i]'C7'{i{i{%C7Ck�:c-:r,�s'cxx:'rdc:r:{;':.�:n'r:�*3rfir�.r-�fi;'.th'fi:firhfi"�fiek 4;':.-;'tfi{;'efit:Y;'e]ks'c�fi{;hYfiek'�e. DEADLINE 'DATE for submittal of new information (application may be considered 'formally withdrawn if information or explanation is not provided).. for Work Permit for work to be;in for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited .to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or, use, or on deadline date specified above. i PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval'. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded,.with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. _. or ROT"�JE' Control No 815. . A cp st orrwc iinx i9(i ■ Cry stns R.,ti, hiinsi�uatu �,i:l' '3 • tiiunicipai offices Meeting. Date 3/26/84 9'rle•nhune473.7:357 'notice Date 3/30/84 TO.. Ralph C.. Bagley XXX Variance ' .1105 West Ferndale Rd. Conditional Use Permit Wayzata, Mn. 55391 cc: Robert Mitchell, reliminary Jr. Subdivision, Preliminary.- Lindquist s Vennum Lindquist Subdivision, Final - Copies to: 740 E. Lake St. Wayzata, MN.55391 •COUNCIL ACTION Vote: 3 For Against Abstention MOTION'to approve your variance application based on the findings and conditions setforth in the enclosed copy of the resolution. Please make arrangements to come into the City office to sign the three original resolutions at your earliest convenience. ` ads fi{;r3{%C�rC'`.rfirfir]'c-kfi{;F]IC:'{:; ikr:r:rlci'tfi{;';':r::7C;C;i]'C7'{i{i{%C7Ck�:c-:r,�s'cxx:'rdc:r:{;':.�:n'r:�*3rfir�.r-�fi;'.th'fi:firhfi"�fiek 4;':.-;'tfi{;'efit:Y;'e]ks'c�fi{;hYfiek'�e. DEADLINE 'DATE for submittal of new information (application may be considered 'formally withdrawn if information or explanation is not provided).. for Work Permit for work to be;in for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited .to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or, use, or on deadline date specified above. i PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval'. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded,.with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. g City of 0Rjj1,Sj IR10 RESOLUTION OF THE CIT r HAS 6 ' NO. 1614 GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 34.261 AND 34.202 i- FILE 815 Whereas, Ralph C. Bagley is the owner (hereafter "owner") of a property legally described as follows: Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, except that part embraced in Registered Land Survey No. 902, Files of Registrar of Titles. Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin, (hereafter "the property"), located within the City of Orono (hereafter "City"); and Whereas, the owner has applied to the City for a variance to Municipal Zoning Code Section 34.201 to permit the construction of a screened porch (28.7' x 13.41) 12 feet from the lakeshore instead of the required 75 feet and the construction of a bay window (4' x 8' ) 55 feet from the lakeshore instead of the required 75 feet and a variance to Municipal Zoning Code Section 34.202 approving the addition of 424 sf or 1.6% of hardcover created by the improvements requested above within the lakeshore protected area where none is .allowed. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. The application was reviewed as Zoning File No. 815. 2. The property is located in the LR—lA Lakeshore Residential Zoning District. 3. On February 21, 1984, the Orono Planning Commission reviewed this after the fact variance application involving improvements made to' the property without the required permits and approval by the City, Planning Commission recommended approval of the variances as requested based on the following findings: a) the property is surrounded by water on three sides. b) any improvement made to this property would require setback and hardcover variances to the Municipal Zoning Cone. C1 ty o ORQNQ RESOLUTION OF THE CITYCEN , F NO. 1514 �c2 C) a house has existed on property for over 30 years. d) the majority of the hardcover credited against this property at 4,400 sf consists of a shared gravel drive that also serves adjacent house on property to east. e) the owner pians to redirect roof drainage from screened porch located 12' from Lake Minnetonka to retention area that will provide ground absorption rather than permit drainage to run directly into lake. f) the proposed and existing improvements on the property are consistent with the existing improvements on the surrounding neighborhood properties. g) the owner occupies the residence on the property and no longer rents tire- subject structure. h) the City has received written comments from the neighbors all confirming approval of the proposed improvement of the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by staff, the written comments of the surrounding property owners, the written comments of the owner's attorney and the effect of the improvements on the health, safety and welfare of the community. 5. The City Council .finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that grantingthe variance would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate ademonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City, City of O►R,f-�r ; L. RESOLUTION OF THE CITY Cb ILk#'-0t Y` NO. 3 614 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Zoning Ordinance Sections 34.201 and 34.202 approving the construction of a screened porch 12 feet from the Lakeshore instead of the required 75 feet and a bay window 55 feet from the lakeshore instead of the required 75 feet and a hardcover increase of 424 sf or 1.6% subject to the following conditions: 1. Owner will redirect roof drainage from screened porch away from lake into a reterition area to be approved by the City. 2. Owner must obtain a building permit for all new construction based on after the fact fee schedule and all work on improvements covered by that permit must satisfy all standards of the Uniform Building Code. 3. No other variances are granted or permitted with this application except the ones specified above. 4. All improvements on this property are limited to 7,610 sf of hardcover (3,210 sf for the house and 4,400 sf for the shared driveway) , owner is hereby placed on notice that the City will not approve future improvements to the property that encroach further into the protected Lakeshore setback area. 5. Authorities granted by this variance run with the property not with the owner, 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 (March 26, 1985). 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7 ':he undersigned owner has read, understood and hereby agrees to the terms of this .resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of March, 1984. ATTEST: 4C�t�vy,clerk----- wn r Yy, ZaMpU e (2) 'Lj hAv �Own P r' ,p e 1-0 PJac y �iym B a g (3) Property e S) CITY OF ORONO MINNESOTA FheRIBA STATE OF -M-I+K&Si&jLA- )ss. COUNTY OF ZNUR-) On this day of L Public 4A ' and for said County, R� �lh C. Bagley & Mary Jim Bagley, husband be the pe—rii'o—n(s) described in and who instrument, and acknawledged that4-r--(they) (their) free act and deed.. ROBERT G MITCHELL. JR. NOTARY PUBLIC - MtNNESOTA HENNEPIN COUNTY MY Commission expires Fab 6.1988 c x NOTARY PUBLIC 1984,'before me a Notary personally appeared & wife, known to me to xecuted the foregoing �Xecuted the same as -M --,- MY -COMMISSION ,EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) City of OR ONO RESOLUTION OF THE CITY CIS L, , NO. 1514 "^,M On this_ day of _ 1984, before me a Notary Public within and for said County, personally appeared _ known to me to be the persons) _ desc beain anc3 who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY�PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of _ , 1984, before me a Notary Public w thin 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 MY COMMISSION EXPIRES �� '�- r PG Exhibit M LAKE MINNETONKA (BROWNS BAY) a� o ; It �. 41.E ; It I r O Z S7 A ol Ae db z r +y\\ G a0003 a 9 3a Ja— tit ISE 1 0 P gidam lu �q9o ^5 \ S¢S L e� ¢ a May A simam emw Bem 3 � S a Council MINUTES OF THE Exhibit D ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Ralph Kempf, Commissioners Kim Kang, Tess Rice, Denise Leskinen, and Loren Schoenzeit. Representing Staff were Assistant City Administrator for Long -Term Strategy Mike Gaffron, Melanie Curtis, Planner Evelyn Turner, and Recorder Jackie Young. Council Member Lili McMillan arrived at 6:40 p.m. Commissioner Schwingler arrived at 7:33 p.m. Chair Kempf called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item No. 4 was added to the Consent Agenda. Chair Kempf opened the public hearing at 6:33 p.m. for Item No. #09-3404, Paul & Megan Bennett, 500 Hanlon Avenue. There were no public comments regarding this item. Chair Kempf closed the public hearing at 6:33 p.m. Kang moved, Leskinen seconded, to approve the Planning Commission meeting minutes of April 20, 2009, as submitted. VOTE: Ayes 5, Nays 0. NEW BUSINESS 2. 09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FERNDALE ROAD WEST, CONDITIONAL USE PERMIT AND VARIANCES, 6:35 P.M. 7:13 P.M. Bob Mitchell, Attorney -at -Law, was present. Mitchell noted that Mr. Bagley resides in Connecticut and is the personal representative of the estate of Ralph Bagley. PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. Turner stated the applicant is requesting variances for lot area, lot width, side setback, lakeshore setback, floodplain setback, and hardcover. in addition, the applicant is requesting a conditional use permit to rearrange the floodplain on the property. The existing house was constructed in 1950. The screen porch on the northwest end of the house was added in 1984. The porch required setback and hardcover variances. A condition of approval of these variances was that the runoff from the roof be directed to a drain -field. The proposed house would be constructed on the existing foundation with the addition of an open porch on the entry side. There would be a second floor over the southeast half of the house; although the portion over the garage would resemble a half -story. The ridgeline of the roof over the northwest half would be about 12 feet higher than the ridgeline of the existing house. Peak height of the proposed house would be 32.6 feet. Defined height would be 26.1 feet. The house would be 5 to 13 feet from the side lot line. The zoning district requires a 30 -foot setback. In addition, the house would be located 12 to 50 feet from the lake when the shoreland regulations require a 75 -foot setback from the lake. Turner stated this zoning district requires two acres, with this lot comprising 0.63 acre. The property has a defined lot width of 0 and the zoning district requires 200 feet of width. Turner illustrated the proposed plan on the overhead and highlighted the proposed reduction$ in hardcover. The applicant is proposing the hardcover in the 0-75 foot zone to be 33.2 percent, which is a reduction from 33.7 percent. The only hardcover permitted in this zone would be an 8 -foot wide driveway, which is allowed because the property has no other access, and a 32 square foot landing for the dock. New hardcover would consist of a low retaining wall that minimizes the cut and fill areas, the sidewalk to the front door, 33 square feet of the front porch and additional driveway fif front of die- third stall. A portion of the driveway and the old sidewalk to the front door would be removed. There would be a 149 square foot reduction in hardcover. Turner stated the floodplain regulations require that when alterations are made to a house in the floodplain, any expansion of the structure must be in compliance with the floodplain regulations. When the cumulative value of alterations exceeds 50 percent of the value of the structure, the entire structure must be brought into conformance with the floodplain regulations. Compliance for this house would PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. require raising the floor of the crawl space and garage. The house would be 3 to 30 feet from the floodplain. The floodplain regulations require a 15 -foot setback. Turner indicated the fill is necessary to provide access to the garage. This would be required even if the house was being replaced in-kind. Most, if not all, of the trees north of the house would be removed. A tree replacement plan should be required before council consideration. Floodplain regulations require the elevation of the driveway be no lower than one foot below the flood elevation or 930.5. Part of the existing driveway is below this elevation and must be filled. Less than five inches of fill will be required but it should be included in the MCWD application. The recommendation of Staff is approval of the conditional use permit with the following conditions: 1. The plan, being revised so no point of the driveway is lower than 930.5. 2. Replacement trees being planted, with the plan being provided prior to Council consideration. Planning Staff recommends approval. of the variances subject to: 1. The property being combined into one tax parcel. 2, To reduce the visible impact of the house, especially as viewed from the lake, the house siding, trim and shingles being dark colors. Removal of the patio except for door landings unless the applicant can demonstrate it existed before 1975. 4. To compensate for the loss of the drain field that receives the runoff for the screen porch, a net reduction of 267 square feet of hardcover (l 18 square feet more than proposed). 5. Provision of mitigation measures including: PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. a. The new driveway having a permeable surface. b. Buffer adjacent to northerly lakeshore and protective covenants for the buffer. C. A defined pathway between the weft corner of the sunroom and the lake. Kempf asked if the previous drainage would be eliminated. Curtis noted the property is located within the 100 -year floodplain, which requires a removal of an equal number of square feet of hardcover as mitigation for the driveway. Schoenzeit asked what the elevation of the dirt would be reduced to. Turner indicated it would be 931.5, which is the 100 -year high water mark. Kempf asked if the rip -rap would remain as is. Turner indicated it would. Mitchell stated the house has deteriorated to the point where it requires replacement. The applicant is agreeable with complying with the recommendations of the City Engineer. Mitchell stated they would need to review what trees would require removal and that they would like to retain as many of the larger trees as possible. Mitchell indicated he has been familiar with the property since the early 1950s because his mother lived in the adjoining property and that he is fairly certain the Patio has always existed on this properly from its original construction. They are agreeable to removing the concreteonsishng 250 square feet- Mitchell stated they would also comply with Staff recommendations on the landscaping. Mitchell asked what Staff considers permeable. PAGE 4 MDUJTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. Turner stated it typically is pavers or other materials that allow the water to flow through the material and into the ground. �� Mitchell stated on the left side of the property there is rip -rap along the lakeshore and that the level of Lake Minnetonka has historically only increased by one foot. Kang noted Staff has recommended a reduction in the screen porch and asked whether the other reductions in hardcover were in consideration of that. Mitchell stated it is and that they are not proposing any additional reductions. Chair Kempf opened the public hearing at 6:58 p.m. There were no public continents regarding this application. Chair Kempf closed the public hearing at 6:58 p.m. Kempf noted the neighbors are in attendance at tonight's meeting and appear to be in favor of the project. Kempf stated in Iight of the applicants being agreeable with Staff's recommendations, he is generally in favor of the project. Kempf stated the outstanding issue appears to be pato Qutliz. e overhead. Leskinen asked whether there are any other areas on the property where the hardcover could be reduced. Turner stated the City is limited in requiring removal of nonconformities and that it comes down to whether the patio existed in 1984. For anything that existed on the property since 1975, the City is not able to require the removal of it. Leskinen asked whether the patio is included in Staff's hardcover calculations. Turner indicated it is. PAGE 5 MMJTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. Kempf asked whether the City has seen instances where hardcover or structures are not included on surveys. Turner noted this survey is from 1984 and that it is her belief hardcover regulations were not as strict and the surveys were not as detailed as they are currently. Kang indicated she is pleased the applicants are removing the concrete on the northwest side of the house. Kang commented it does not appear there is sufficient history to determine for sure when the patio came into existence and that based on that, she is not opposed to the patio remaining. Kempf noted this is a small, low lot and that it was his understanding the rip -rap is not in good condition. Kempf asked whether Staff recommends the rip -rap be replaced. Mitchell stated there is a high likelihood the new purchaser of the property will replace the rip -rap to protect their investment. Mitchell concurred the property has fallen in disrepair. Kempf asked whether the applicant intends to construct the new house and then sell the property. Mitchell stated it depends on the housing market and that it is possible they would construct a spec house on the lot. Kempf moved, Rice seconded, to recommend approval of Application #09-3395, George N. Bagley on behalf of Ralph Colt Bagley Estate, 1105 Ferndale Road West, granting of a conditional use permit and variances, subject to n a ons o cr h n vvherever ossibl9vith the understanding the patio would remai , and subject to the landscape plan including screening in the northwest corner between the tw oases. VOTE: Ayes 5, Nays 0. -0 10111S PAGE 6 LINDQVIST&VENNU11b Robert G. Mitchell, Jr. (612) 371-3262 rmitchell@:indquist. com www.lindquist.com June 1, 2009 Evelyn Turner City of Orono P. O. Box 66 Crystal Bay, M -N 55323-0066 Re: Estate of Ralph C. Bagley 1105 Ferndale Road West Orono Application No. 3395 Dear Ms. Turner: MQU-1 r -g �i�.1"49�?it lc Minneapolis • Denver 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2274 Phone: (612) 371-3211 Fax: (612) 371-3207 RECEIV'E'D JUN 0 Z 200J Cl7Y01ZORONO After the Orono Planning Commission action on May 18, 2009 along with the Notice of Planning Commission Action of May 19, 2009, we have done the additional work requested and required. You have: a revised Eagan, Field and Nowak "Proposed Conditions" plan, a revised Anderson Engineering plan regarding floodplain issues, and a landscape plan from Norscape (Chris Hage). I believe these accurately address the issues contained in the Notice of Planning Commission Action, Further, let me confirm that I testified at the Orono Planning Commission meeting on May 18, 2009 that I was well familiar with the Bagley property from the mid 1950's onward. As such I testified that there always was a patio on the southwesterly side, the main Lake Minnetonka side, of the house. The photographs you have show that there are doorways from the living room side out onto that patio. While, I do not remember exactly what the patio is made of, it was some kind of hard surface. I am writing this just to confirm that there always was a patio at that location. Doc# 2959851/1 Evelyn Turner June 1, 2009 Page 2 I understand from talking to you on May 28, 2009 that that patio only needs to have a "permeable surface" if the old patio is removed and a new one installed. We appreciate that consideration as the patio is in reasonably good shape and will likely stay even as the house is replaced. If you have any questions please contact me. Very truly yours, Lindquist & Vennum P.L.L.P. R Ae��—?4 Robert G. Mitchell, Jr. RGM/ssc cc: Dexter Andrews George N. Bagley Doc# 2959851%1 Date Application Received: 12/17/08 Date Application Complete: 4/16/09 60 -Day Review Period Expiration: 6/15/09 REQUEST FOR COUNCIL ACTION Date: June 8, 2009 Item No. 2 Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner Item Description: 409-3395 George Bagley on behalf of the Estate of Ralph Colt Bagley, 1105 Ferndale Road West - Variances - Resolution Zoning District: LR -1A (2 acres) Lot Area: 0.63 acre Lot Width: 0 feet List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice dated May 19, 2009 C. PC Memo & Exhibits of May 18, 2009 D. Draft PC Minutes of May 18, 2009 E. Letter from Robert Mitchell Application Summary: In order to construct a replacement residence the Applicant requests lot area, side setback, lakeshore setback and hardcover variances as well as a conditional use permit to rearrange the floodplain on the property. Planning Commission Recommendation On May 18, 2009, Planning Commission voted 6 to 0 to recommend: Approval of the conditional use permit subject to: a. The grading/floodplain mittigation plan being revised so no point of the shared driveway is lower than 930.5. Done. b. Replacement trees being planted in the cut area north of the house and the fill area south of the house, with the plan being provided prior to Council consideration. Plan provided, planting will he condition of approval. 2. Approval of the variances subject to: a. The property being combined into one tax parcel. Condition of approval. b. To reduce the visible impact of the house, especially as viewed from the lake, the house siding, trim and shingles being dark colors. Condition of approval. c. The patio/laundry drying area south of the house being removed to compensate for the loss of the drainfield that receives the runoff from the existing screen porch. Done. d. Provision of mitigation measures including: #09-3395 June S, 2409 Page 2 of 2 i. A permeable surface being used on the new driveway (but not the raised part of the shared driveway) and new walkways, as well as the lakeside patio if it is replaced. Shown on site plan. ii. A buffer adjacent to northerly lakeshore and protective covenants for the buffer (see attached for location and dimension). Condition of approval. iii. A defined pathway between the west corner of the sunroom and the lake to prevent erosion from the existing dirt path. Shown on site plan. Planning Staff Recommendation Approval of the Variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. Council Exhibit A A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-305,78-1279,78-119 AND 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 09-3395 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of Hennepin and Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, expect that part embraced in Registered Land Survey No. 902, Registrar of Titles, County of Hennepin. Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, George N. Bagley is the authorized agent of the Owner; and WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required; and WHEREAS, George N. Bagley has made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance to Orono Code Section 78-1119(a) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required; and WHEREAS, George N. Bagley has made application to the City for a variance Page 1 of 6 to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed; and WHEREAS, George N. Bagley has made application to the City for a conditional use permit for land alteration to perform more than 10 cubic yards of earthmovement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 18, 2009, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #09-3395. 2. The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.63 acre in area and 0 feet in defined width. 3. The Planning Commission reviewed this application on May 18, 2009 and on a vote of 6 - 0 recommended: a. Approval of the variances, based on the following findings: i. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. ii. The lot is provided with City sewer. iii. The owners are not able to acquire additional property to meet minimum lot width and area requirements. iv. A house has existed on the lot for many years. Page 2 of 6 V. No alternative location exists for a house as no part of the property is outside the 0 to 75 foot zone. vi. The new house will be properly elevated out of the floodplain. The garage, laundry room and crawlspace of the existing house are below the floodplain elevation. vii. The amount of hardcover will be reduced and partially mitigated by the use of permeable paving materials and lakeshore buffering. b. Approval of the conditional use permit based on: L The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. While the grading will require the removal of a number of large trees, there is no practical alternative to elevating the driveway on fill and no other location on the property to provide the compensatory flood storage capacity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that the proposed land alteration allowed by the Page 3 of 6 conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants the following variances: • to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required, • to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required, • to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 12 feet when a 75 foot setback is required, • to Orono Code Section 78-1119(a) to construct a replacement residence on the Property with a floodplain setback of three feet when a 15 foot setback is required, and • to Orono Code Section 78-1288 to construct a replacement residence on the Property with 32.34 percent hardcover in the 0 to 75 foot zone when no hardcover is allowed, subject to the following conditions: Council approval is based on the site and house plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Council approval is for construction of a new structure on the existing foundation, modified as described in the attached as Exhibit C. 3. Hardcover in the 0-75' zone shall be limited to 6,684 square feet impermeable Page 4 of 6 and 2,215 permeable per the proposed site plan and hardcover allowance summary as depicted on Exhibit D. The Owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. A lakeshore buffer shall be maintained in the area shown on Exhibit A and subject to a protective covenant. The buffer shall be improved according to the standards for a wetland buffer found in Orono Code Section 78-16-5(b), subject to approval by the City's wetland consultant. 5. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non -hardcover surfaces. 6. The Property shall be one tax parcel. The Orono City Council grants a conditional use permit for land alteration to perform more than 10 cubic yards of earthmovement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property, subject to the following conditions: 1. Council approval is based on the grading and floodplain mitigation plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit E. Any amendments to these plans may require further Planning Commission and City Council review. 2. Trees shall be planted and maintained per the planting plat attached to this Resolution as Exhibit F as annotated by Staff. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before June 8, 2010 or the variances and conditional use permit will expire on that date. These variances supersede the variances granted for the Property by Resolution No. 1614. 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. Page 5 of 6 The undersigned Owner has read, understood and hereby agreesto the terms of this resolution and on behalf of its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of June, 2009 ATTEST: Linda S. Vee, City Clerk The Estate of Ralph Colt Bagley By George N. Bagley, Authorized Agent STATE OF COUNTY OF James M. White, Mayor This instrument was acknowledged before me this day of , 2009 by George N. Bagley, authorized agent for the Estate of Ralph Colt Bagley. Notary Public Page 6 of 6 Exhibit A - • a pq h e., i s i s �, . �4, / [,Act- 5/2-7/09 ,Af@.S/z7/tet / m ILy�k� r aBENGpIpRK 1 LEGAL DESCRIPTION: rti Fd hN.r.a wnd srn Ne. w'. Fn.. m Re9blr.' a m.., ce.ar .r N�.,pin, e.oept fhol Pert xehncee I� Rwbl. wm su„r T b, A .n4 G RIII Lma I Nn III Fa.a a Rpl.Ra..r nue, Canty a NNn.9hl. R,rAI P.W Y, a .Sia.n hr C'rtl9nb a Tm. xu. ue6aF5 NOTES: 1. The —WL eF mh 5whq ayeNm b -AW a u..wu�eeny L-ar y iln. a F—. Roos Y'mt •Mbh b o,..W b hwa . h p a ram .. a.p..e w mbel.. S5 a. w..t. 2 The blot ono 01 •1 pro y aeNrgea heron i. 27.519 .pion 1..1 « 0.672 — 1 Th. Npo4 ercrlpUn and n.wnnL hllamotln u..xl x me PnpomUn a mb =y 1. Cammlhn.nt hr Tu. Inmra�q, p Lmryre Tltle Innronoa Ibrpolotln by Id .p.�t R�.riPl lb. 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W uR « by rMEnY N.Ur.ny 9mw utAltleu and enllcea may he pr..nC Yerllnlbn onE PIA—,�nal ell ulPl ma .rNc.. lha..a n. aheeb.a n«n m. oxmrR a m. n.p.etin ..IU.. prbr b any arpn. « uoRn NON PlpYpxplrg-_ eeOo eEw mmaea9av f . eo ° Y. 0 a � LU W Z Z so Y m - • a pq h e., i s i s �, . �4, / [,Act- 5/2-7/09 ,Af@.S/z7/tet / m ILy�k� r aBENGpIpRK 1 LEGAL DESCRIPTION: rti Fd hN.r.a wnd srn Ne. w'. Fn.. m Re9blr.' a m.., ce.ar .r N�.,pin, e.oept fhol Pert xehncee I� Rwbl. wm su„r T b, A .n4 G RIII Lma I Nn III Fa.a a Rpl.Ra..r nue, Canty a NNn.9hl. R,rAI P.W Y, a .Sia.n hr C'rtl9nb a Tm. xu. ue6aF5 NOTES: 1. The —WL eF mh 5whq ayeNm b -AW a u..wu�eeny L-ar y iln. a F—. Roos Y'mt •Mbh b o,..W b hwa . h p a ram .. a.p..e w mbel.. S5 a. w..t. 2 The blot ono 01 •1 pro y aeNrgea heron i. 27.519 .pion 1..1 « 0.672 — 1 Th. Npo4 ercrlpUn and n.wnnL hllamotln u..xl x me PnpomUn a mb =y 1. Cammlhn.nt hr Tu. Inmra�q, p Lmryre Tltle Innronoa Ibrpolotln by Id .p.�t R�.riPl lb. 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NE V1 IN T-1 If I Exhibit C 350 Hwy. 10 South, Suite 101, St. Cloud, MN 56304 '- - (320) 259-6575 • Fax; (320) 259-6991 • www.du.ffyeng.com May 12, 2009 Caldwell Banker Burnet Attn: Dexter Andrews 201 East Lake Street Wayzata, MN 55391 Project: 1105 Ferndale Road, Orono, MN Re: Proposed demolition of existing house and rebuild on existing foundation. Dear Dexter: I inspected the above property on January 7, 2009 to determine it the existing foundation and wails can support a new structure atter removing the existing residence. I also reviewed the plans provided by Autumn Design {dam 11121}08), The existing construction of the property is a single story wood framed house with masonry (concrete block) wall crawl space foundation. The existing foundation is suitable for support of the new proposed two-story house. The new structure should. have an interior beam line to support the main floor with the exterior walls Used to support the second floor and roof framing. The existing foundation walls should be repointed in areas where cracking has occurred and stair step cracking areas shall be reinforced with #5 dowels grouted into vertical cores at the crack in the south -each corner and any other areas of stepping cracks of the wall. Please provide the proposed pians (including floor and roof truss shop drawings) so I can size the interior footings to minimize differential movement between the new footings and existing foundation. The plans I reviewed from Autumn Design show new foundation for the porch on the west end of the building. In this area there is a perimeter foundation wall in place. It is my recommendation to use the existing foundation and add interior footings as needed to support the floor instead of providing new piers and footings as shown on the current plan. On May 8, 2009 1 was informed that the main floor level will have to raise 2.6` per the city of Orono. The existing foundation is sufficient to support this change. This would be best accomplished by adding 3 courses of concrete block to the top of the existing wall. Please feel free to share this letter with the local building official and builder as required. You may contact me at (320) 259-6575 if you have any further questions or comments regarding this matter. Sign?eaCv yrt, E. Project Engineer, Duffy Engineering & Associates, Inc. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed h r 'ar ultder the laws of the State of Minnesota. SeaveM PE 511212069 No. 41971 's Exhibit D Hardcover 0-75' zone Property Address: 1105 Ferndale Road West HARDCOVER EXISTING PROPOSED Impermeable Permeable Total sq.ft. sq.ft. sq.ft. sq.ft. House 3,360 3,393 0 3,393 Driveway 4,586 2,902 1,339 4,241 Sidewalk 137 0 174 174 Patio on lake side of house 702 0 702 ' 702 Patio on south side of house 240 0 0 0 Pumphouse 14 14 0 14 Dock Landing 193 193 0 193 Retaining Walls 69 182 0 182 TOTAL 9,301 6,684 2,215 8,899 reduction 402 * Permeable when existing patio is replaced VHN013NNIW 3NV'1 �p a Exhibit E U_ O d3 IZ a J � a¢ � J oa 0 �Q °ti a �F Q� Z' 0. y c� F i�I o a WOO i WNz �. �Ld z.a 4 oma La I o00 i � Y J .I o e�� K 191, '12D VHN013NNIW 3NV'1 �p a Exhibit E U_ O d3 IZ a J � a¢ � J oa 0 �Q °ti a �F Q� Z' 0. y c� F i�I o a WOO i WNz �. �Ld z.a 4 oma La I o00 i � Y J .I o e�� K 6lei K bbd ■ � . La ds�� � !■ �� � b ■� ��«•» § glop § § m ■ E§ )n§ 3§ J§��� § o% e■ O - �§ 2§§§ 2) k& kIL § b CN h|bR E in 0 ,,Aida SNM02i8) V>INO13NNIW MIVI Exhibit E 1-3 1 \ Page 1 of 3 Robert G. Mitchell Jr. From: Andrews, Dexter L [DAndrews@CBBURNET.COM] Sent: Wednesday, May 27, 2009 1:13 PM To: Robert G. Mitchell Jr. Subject: FW: 1105 Ferndale Road Attachments: 12339G RAD. pdf From: Troy Gamble [mailto:tgamble@ae-mn.com] Sent: Wed 5/20/2009 3:58 PM To: Andrews, Dexter L Cc: Brent Peters Subject: FW: 1105 Ferndale Road Dexter, Fyi — See Evelyn's response below. Also, I've attached the revised plan with the necessary revisions -please call or email questions or comments. Thanks, ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE igambIg@ae-mn.com 763-412-4000 phone 763-412-4022 direct 763-412-4090 fax 13605 - 1st Avenue North Suite 100 Plymouth, MN 55441 Web: www :ge-mn,com This email and any files transmitted with it are confidential and intended solelyfor the use of the individual or entity to which they are addressed. If you are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy, reliability, or completeness offurnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Wednesday, May 20, 2009 2:11 PM To: Troy Gamble' Subject: RE: 1105 Ferndale Road Troy Buffer plan — Planting will be native vegetation, similar to wetland buffer,. But we will not require a plan or the easement until the building permit, as we want the homeowner to like what is there. Defined pathway can be stepping stones, sidewalk, etc. It is only needed in the area where there is currently a dirt path around the corner of the screen porch, where it is so close to the lake. Evelyn Turner From: Troy Gamble [mailto:tgamble@ae-mn.com] Sent: Wednesday, May 20, 2009 1:54 PM To: Evelyn M. Turner 5/27/2009 Page 2 of 3 Subject: 1105 Ferndale Road Evelyn, Could you please review the below questions (in bold) regarding the buffer and pathway? I'm not clear on what the PC's intent was for those items (for example, doe the buffer have special planting requirements, and should the pathway be concrete or other non-erosive material, etc). Thanks, ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE Lgamblela2ae-mn com 763-412-4000 phone 763-412-4022 direct 763-412-4090 fax 13605 - 1 st Avenue North Suite 100 Plymouth, MN 55441 Web: www.ae-mn.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. Ifyou are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property afAnderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy. reliability, or completeness offurnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. From; Andrews, Dexter L [mailto:DAndrews@CBBURNET.COM] Sent: Wednesday, May 20, 2009 12:30 PM To. Troy Gamble Subject: RE: Request from the city Will you send these questions to Evelyn from the city, she will be able to clarify. Thanks From: Troy Gamble [mailto:tgamble@ae-mn.com] Sent: Wed 5/20/2009 12:09 PM To: Andrews, Dexter L Cc: Brent Peters Subject; RE: Request from the city Dexter, The extent of our plan changes, as I understand it, will be as follows: Memo Item # Task Description 1.a Revise the existing shared driveway to elevation above 930.5 2.c Indicate via plan note that the.patio/laundry drying area will be removed 2.d.i Indicate via plan note the required area of permeable pavement to be constructed 2.d.ii Indicate via plan note the areas of required lake buffer. (Protective covenants/descriptions by others) Questions: What plantings will the buffer consist of? Will this be prepared along with the tree plan by others? 2.d.iii Indicate via plan note the location of defined pathway as shown on the memo/plan. Question: What is meant by a "defined pathway"? Items 1.b, 2.a, and 2.b will be addressed by others. Please let me know if this is your understanding of the items Thanks ANDERSON ENGINEERING OF MINNESOTA, LLC 5/27/2009 Page 3 of 3 Troy J. Gamble, PE WgirntI ae-mn.aom 763-412-4000 phone 763412-4022 direct 763-412-4090 fax 13605 - 1 st Avenue Notth Suite 100 Plymouth, MN 55441 Web: www.ae-mn.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed Ifyou are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy. reliability, or completeness offurnished data. The user of this data assumes all risks associated with its use. By acceptance of this data. the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer, From: Andrews, Dexter L [mailto:DAndrews@CBBURNEf.COM] Sent: Tuesday, May 19, 2009 1:49 PM To: tgamble@ae-mn.com Subject: FW: Request from the city Are the modified grading and the floodplain specifications something you can take care of by the date specified? Thanks, Dexter 5/27/2009 Vu&,Lt 1 ? I ) nol LA C -A tA -� Vu-aE...!� UAY CkL L&-vt, A VVLJ, CfM/k�(,�tllG �1it(. cu, �- � io L w J -.e9, JU 12d � MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. The Oro Planning Commission met on the above-mentioned date with the follo-.ving. e ers present: Chair Ralp empf, Commissioners Kim Kang, Tess Rice, Denise Leskinen, and ,c ren Schoenzeit. Representing f were Assistant City Administrator for Long -Term Strategy iVl -;e Gaffron, Melanie Curtis, Planner E Turner, and Recorder Jackie Young. Council Member Lill McMillan arrived at 6:40 p:m. Commissio r Schwingler arrived at 7:33 p.m. Chair Kempf called the meetM to order at 6:32 p.m., followedby the Pledge of Allegiance. e CONSENT AGENDA •Item No. 4 was added to the Consent Agd�,,•' Chair Kempf opened the public hearing At 6:33 p.m. forjtem No. #09-3404, Paul Bt Megan Bennett, 500 Hanlon Avenue. There were no public Chair Kempf closed t] this item. hearing at.6:33 p.m. Kang moved, jLdildnen seconded, to approve the Planning Commission meel'iT g minutes of April 20, P0"9, as submitted. VOTE: Ayes 5, Nays 0. 2 09-3395 GEORGE N. BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE, 1105 FEWNTALE ROAD WEST, CONDITIONAL USE PERMIT AND VARIANCES, 6:35 P.M. - 7:13 P.M. Bob Mitchell, Attorney -at -Law, was present. Mitchell noted that Mr. Bagley resides in Connecticut and is the personal representative of the estate of Ralph Bagley. Turner stated the applicant is requesting variances for lot area, lot width, side setback, lakeshore setback, floodplain setback, and hardcover. In addition, the applicant is requesting a conditional use permit to rearrange the floodplain on the property. The existing house was constructed in 1950. The screen porch on the northwest end of the house was added in 1984. The porch required setback and hardcover variances. A condition of approval of these variances was that the runoff from the roof be directed to a drain field. The proposed house would be constructed on the existing foundation with the addition of an open porch on the entry side. There would be a second floor over the southeast half of the house; although the portion over the garage would resemble a half -story. The ridgeline of the roof over the northwest half would be about 12 feet higher than the ridgeline of the existing house. Peak height of the proposed house would be 32.6 feet. Defined height would be 26.1 feet. The house would be 5 to 13 feet from the side lot line. The zoning district requires a 30 -foot setback. In addition, the house would be located 12 to 50 feet from the lake when the shoreland regulations require a 75 -foot setback from the lake. PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. (#09-3395 George Bagley, 1105 Ferndale Road NIVest, Continued) Turner stated this zoning district requires two acres, with this lot comprising 0.63 acre. The property has a defined lot width of 0 and the zoning district requires 200 feet of width. Turner illustrated the proposed plan on the overhead and highlighted the proposed reductions in hardcover. The applicant is proposing the hardcover in the 0-75 foot zone to be 33.2 percent, which is a reduction from 33.7 percent. The only hardcover permitted in this zone would be an 8 -foot wide driveway, which is allowed because the property has no other access, and a 32 square foot landing for the dock. New hardcover would consist of a low retaining wall that minimizes the cut and fill areas, the sidewalk to the front door, 33 square feet of the front porch and additional driveway in front of the third stall. A portion of the driveway and the old sidewalk to the front door would be removed. There would be a 149 square foot reduction in hardcover. Turner stated the floodplain regulations require that when alterations are made to a house in the floodplain, any expansion of the structure must be in compliance with the floodplain regulations. When the cumulative value of alterations exceeds 50 percent of the value of the structure, the entire structure must be brought into conformance with the floodplain regulations. Compliance for this house would require raising the floor of the crawl space and garage. The house would be 3 to 30 feet from the floodplain. The floodplain regulations require a 15 -foot setback. Turner indicated the fill is necessary to provide access to the garage. This would be required even if the house was being replaced in-kind. Most, if not all, of the trees north of the house would be removed. A tree replacement plan should be required before council consideration. Floodplain regulations require the elevation of the driveway be no lower than one foot below the flood elevation or 930.5. Part of the existing driveway is below this elevation and must be filled. Less than five inches of fill will be required but it should be included in the MCWD application. The recommendation of Staff is approval of the conditional use permit with the following conditions: 1. The plan being revised so no point of the driveway is lower than 930.5. 2. Replacement trees being planted, with the plan being provided prior to Council consideration. Planning Staff recommends approval of the variances subject to: I . The property being combined into one tax parcel. 2. To reduce the visible impact of the house, especially as viewed from the lake, the house siding, trim and shingles being dark colors. 3. To compensate for the loss of the drain, field that receives the runoff for the screen porch, a net reduction of 267 square feet of hardcover (I 18 square feet more than proposed). 4. Provision of mitigation measures including: a. The new driveway having a permeable surface PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. (409-3395 George Bagley. 1105 Ferndale Road West. Continued) b. Buffer adjacent to northerly lakeshore and protective covenants for the buffer. A defined pathway between the west corner of the sunroom and the lake. Kempf asked if the previous drainage would be eliminated. Curtis noted the property is located within the 100 -year floodplain and adding fill within the floodplain requires a removal of an equal number of cubic feet of fill as mitigation for the floodplain filling. Schoenzeit asked what the elevation of the dirt would be reduced to. Turner indicated it would be 931.5, which is the 100 -year high water mark. Kempf asked if the rip -rap would remain as is. Turner indicated it would. Mitchell stated the house has deteriorated to the point where it requires replacement. The applicant is agreeable with complying with the recommendations of the City Engineer. Mitchell stated they would need to review what trees would require removal and that they would like to retain as many of the larger trees as possible. Mitchell indicated he has been familiar with the property since the early 1950s because his mother lived in the adjoining property and that he is fairly certain the lakeside patio has always existed on this property tom its original construction. They are agreeable to removing the concrete on the south side of the house consisting of 250 square feet. Mitchell stated they would also comply with Staff recommendations on the landscaping. Mitchell asked what Staff considers permeable. Turner stated it typically is special pavers or other materials that allow the water to flow through the material and into the ground. Mitchell stated on the west side of the property there is rip -rap along the lakeshore and that the level of Lake Minnetonka has historically only increased by one foot. Kang noted Staff has recommended a reduction in the screen porch and asked whether the other reductions in hardcover were in consideration of that. Mitchell stated it is and that they are not proposing any additional reductions. Chair Kempf opened the public hearing at 6:58 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6:58 p.m. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING May 18, 2009 6:30 o'clock p.m. (#09-3395 George Bagley. 1105 Ferndale Road West. Continued) Kempf noted the neighbors are in attendance at tonight's meeting and appear to be in favor of the project. Kempf stated in light of the applicants being agreeable with Staff's recommendations, he is generally in favor of the project. Kempf stated the outstanding issue appears to be the lakeside patio. Leskinen asked whether there are any other areas on the property where the hardcover could be reduced. Turner stated the City is limited in requiring removal of nonconformities and that it comes down to whether the patio existed in 1984. For anything that existed on the property since 1975, the City is not able to require the removal of it. Leskinen asked whether the patio is included in Staff's hardcover calculations. Turner indicated it is. Kempf asked whether the City has seen instances where hardcover or structures are not included on surveys. Turner noted this survey is from 1984 and that it is her belief hardcover regulations were not as strict and the surveys were not as detailed as they are currently. Kang indicated she is pleased the applicants are removing the concrete on the northwest side of the house. Kang commented it does not appear there is sufficient history to determine for sure when the patio came into existence and that based on that, she is not opposed to the patio remaining. Kempf noted this is a small, low lot and that it was his understanding the rip -rap is not in good condition. Kempf asked whether Staff recommends the rip -rap be replaced. Mitchell stated there is a high likelihood the new purchaser of the property will replace the rip -rap to protect their investment. Mitchell concurred the property has fallen in disrepair. Kempf asked whether the applicant intends to construct the new house and then sell the property. Mitchell stated it depends on the housing market and that it is possible they would construct a spec house on the lot. Kempf moved, Rice seconded, to recommend approval of Application #09-3395, George N. Bagley on behalf of Ralph Colt Bagley Estate, 1105 Ferndale Road West, granting of a conditional use permit and variances, subject to the new driveway, new walkway, and new patio (if replaced) having a permeable surface, if possible, and subject to the landscape plan including screening in the northwest corner between the two houses. VOTE: Ayes 5, Nays 0. PAGE 4 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY.OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth, Wayzata, Orono Sun -Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (8) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first pubiished on Thurs- day, the 7 day of May 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of ,2009; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of -type used in the composition and publication of the notice: abcdefg hijklmnopgrstuvwxyz Subscribed and sworn to or affirmed before me on this 7 day of May , 2009. l Notary Public MARY ANN CARLSON NOTARY PUBUC— MINNESOTA MY COMMISSION ExpIRES 1-31-14 City of Orono (Official Pubfication} CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249.4616 NQJFCE The Planning Comm!ssior will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Mon- day, May 18, 2009, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: #09.3395 George Bagley on behalf of the Estate of Ralph Colt Bagley, 1105 Ferndale Road W, LR -1A zon- ing district, requests lot area, sine setback, Lakeshore set- back and hardcover var;ances as well as a conditional use permit to rearrange the floodplain on the property In order to construct a replacement residence. #09.3402 Philip Kaley, 1395 Brown Road South, RR - 113 zoning district, requests setback variances to con- struct a detached garage `our feet from the south proper- ty line when a 15 -fact setback is required and two teat from the property'lne adjacent to Arbor Street when a 50 - foot setback Is required. #09-3405 Frank Masserano !II on behalf of the Interna- tional Ministeria; Fellowship, 2477 Shadywood Road, B- 4 zoning district, requests conditional use permit approval to construct an entry add :ion for the lower level on the east side of the b;ilidlrg and an entry deck for the upper level on the west s'de of the building. The proposal in- cludes a setback variance to place the deck 25 feet from the west property fire when a 35 foot setback Is required, a hardcover variance to have 53.7 percent hardcover in the 500 to 1000 foot zone when 41.7 percent exists and 35 percent is allowed, and a setback variance to have parking spaces within the required 20 foot yard along Shadywood Road. #09.3404 Pau! &'Megan Bennett, 500 Hanlon Avenue, RR -16 zoning district, request after -the -tact front yard, side yard and street setback variances in order to allow a covered porch 40' from Hanlon Avenue where a 50'sei- back is required; 22' from Dickenson Street where a 50' setback Is required; and a 42'setbackfrom the south, side lot line where a 30' setback is required. #09-3407 Vitali Bychkovski an behalf of Elena Ovsyan- nikova, 3409 Eastlake Street, LR -1A zoning district, re- quests creek setback, side yard setback and hardcover variances and a eonclToral use permit for filling within the floodplain !n order to construct a new detached garage on the property. The new garage is proposed to be con- structed 3' from the s'de lot line where a 10'setback is nor- mally required, a 40' setback from the creek where a 75' setback is normally required. Hardcover is proposed to decrease within the 0-75' setback from 50.1 % to 63.25% where 0% is ncrma!'y allowed and is proposed to de- crease by 7 square feet resulting in 49.16% where 49.7% currently exists and 25% is normally allowed. Ali persons wishing tc be heard are encouraged to attend this meeting. This !s not a .final agenda and is subject to change prior to the hearir.g. written comments are ac- cepted and shouid be submitted to the City of Orono by April 15, 2009 1 possible. interested persons are encour- aged to corfact the City for further information. For an ap- pointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis, Planning Coordinator Published in the Sun Sailor on May 7, 2009 Posted at: Orono City Off`cea, Crystal Bay Post Office, Long Lake Post Office, Navarre Post Office (May 7, 2609) a2-hrgs 5 -18 -2009 -CM CERTIFICATE OF MAILING STATE OF MINNESOTA } COUNTY OF HENNEPIN } ss. CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #09-3395, was mailed to the attached list of property owners. 2009. In Witness Whereof, I have hereunto set my hand and sea[ this 7th day of May, Fe, 4 Ficaa -Fra —d ��n-e s —s RUN DATE: 1214/2008 HENNEPIN QPUNTY PROPERTY INFORMATION SYSTEM (PROPERTY P"'HERS LIST} PAGE: 1 38 02-117-23 43 0007 ERROLJCHUGG 1080 FERNDALE RD W ERROLJCHUGG 1080 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0020 J G & S M LEBEDOFF 1101 FERNDALE RD W JONATHAN G/SARAH M LEBEDOFF 1101 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0016 RALPH C BAGLEY 1105 FERNDALE RD W RALPH. C BAGLEY 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0023 KATHERINE M FOX TRUSTEE 1095 FERNDALE RD W B C FOX 1095 FERNDALB RD W WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS '''T___HpppIS DATE ON THE RECORDS OF THEAIENNEPI,N COUNTY TAXPAYER SERVICES DEPARTMENT. DATE:' (C''®�] BY:, 38 02-,17-2343.0019 RALPH CBAGLEY 38 ADDRESS UNASSIGNED RALPH C BAGLEY 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0026 MARY J 13OWMAN TRUSTEE 1165 FERNDALE RD W MARY J BOWMAN 1165 FERNDALE RD W WAYZATA MN 55391 RE�EIl�lED DEC 1*7 2008 CITY OF ORONO CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will gold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, May 18, 2009, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: #09-3395 George Bagley on behalf of the Estate of Ralph Colt Bagley, 1105 Ferndale Road W, LR - 1A zoning district, requests lot area, side setback, lakeshore setback and hardcover variances as well as a conditional use permit to rearrange the floodplain on the property in order to construct a replacement residence. #09-3402 Philip Kaley, 1396 Brown Road South, RR -1 B zoning district, requests setback variances to construct a detached garage four feet from the south property line when a 15 -foot setback is required and two feet from the property line adjacent to Arbor Street when a 50 -foot setback is required. #09-3405 Frank Masserano III on behalf of the International Ministerial Fellowship, 2477 Shadywood Road, B-4 zoning district, requests conditional use permit approval to construct an entry addition for the lower level on the east side of the building and an entry deck for the upper level on the west side of the building. The proposal includes a setback variance to place the deck 25 feet from the west property line when a 35 foot setback is required, a hardcover variance to have 53.7 percent hardcover in the 500 to 1000 foot zone when 41.7 percent exists and 35 percent is allowed, and a setback variance to have parking spaces within the required 20 foot yard along Shadywood Road. #09-3404 Paul & Megan Bennett, 500 Hanlon Avenue, RR -113 zoning district; request after -the -fact front yard, side yard and street setback variances in order to allow a covered porch 40' from Hanlon Avenue where a 50' setback is required; 22' from Dickenson Street where a 50' setback is required; and a 12' setback from the south, side lot line where a 30' setback is required. #09-3407 Vitali Bychkovski on behalf of Elena Ovsyannikova, 3409 Eastlake Street, LR -1A zoning district, requests creek setback, side yard setback and hardcover variances and a conditional use permit for filling within the floodplain in order to construct a new detached garage on the property. The new garage is proposed to be constructed 3' from the side lot line where a 10' setback is normally required, a 40' setback from the creek where a 75' setback is normally required. Hardcover is proposed to decrease within the 0-75' setback- from etbackfrom 50.1% to 63.25% where 0% is normally allowed and is proposed to decrease by 7 square feet resulting in 49.16% where 49.7% currently exists and 25% is normally allowed. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by April 15, 2009 if possible. Interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis, Planning oordinator To be published in the Sun Sailor on May 7 2009 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office R LAKE MINNETONKA !O (BROWNS BAY)IC No $ y a $ a fa I r4 a n ao f R !O �1 v Estate of Ralph C. Bagley c/o Robert Mitchell, Jr. Lindquist and Vennum 4200 IDS Center SO South Eighth Street Minneapolis MN 55402-2274 CITY of ORONO Municipal Offices Street Address: Mailing Address: 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 SUBJECT: Zoning Application #09-3395 The City of Orono is required to notify you within fifteen (15) business days as to the status of the application for a Variances for property located at. 1105 Ferndale Road W. Our preliminary review indicates that the application is complete. There are minor points: 1. In the notes section of the grading and floodplain mitigation plan existing lowest floor elevation is listed as 937.4. The survey indicates the first floor elevation is 933.53. Tony Gamble, who prepared the plan, is re- checking this. 2. The cellar will need to be filled to the flood protection elevation — 932.5. Please submit a report from Duffy Engineering commenting on the feasibility of this before May 11. 3. Since there will be only about 18 inches between the bottom of the floor joists and new "cellar" floor, the furnace, water heater, etc will have to be located elsewhere. This application is scheduled to be heard by the Planning Commission on Monday, May 18, 2009. The meeting begins at 6:30 p.m. Please make sure that a representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date agenda. It will also be posted on the City's website www.ci.orono.mn.us) on Friday afternoon before the meeting. Your application is tentatively scheduled to be considered by the City Council on June 8, 2009. Remember to post the public notice sign ten to 14 days before the Planning Commission meeting, It should be visible from the road. Do not nail it to a tree. Please call me at 952-249-4623 should you have any questions. Sincerely, City of Oro Evel Turner City Planner Cc: George Bagley Dexter Andrews Telephone (952) 249-4600 - Fax (952) 249-4616 www.ci.orono.mn.us ,-1 E PRI . lY jail— ly gal Otto bore t S- ort x inn Lo AA 10 1 10 MY J7;9 33M 0- \11, Pi, cu '3A%r NO WN 4 IV 19 '3AV 113MM r- -S, JjI"*" dj- ON MW all 024 46 r WI_ I N_ SLK 1_ Effective Date: January 9, 2009 Effective Time: 7:00 A.M. 2. Policy or Policies to be issued: ALTA 2008 Homeowner's Policy Proposed Insured: To Be Determined ALTA 2006 Loan Policy Proposed Insured: To Be Determined Schedule A Underwriter. Lawyers Title Insurance Corporation by Agent, Burnet Title Our No. 9-01081 Production No_ 443955 Amount: ' $ Amount: $ 3, The estate or interest in the Land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said Land is at the effective date hereof vested in: Ralph C. Bagley 5. The Land referred to in this Commitment is described as follows: Traci A, Registered Land Survey No. 441, Hennepin County, Minnesota, except that part embraced in Registered Land Survey No. 902. Tracts A and C, Registered Land Survey No. 902, Hennepin County, Minnesota„ Registered Property, as evidenced by Certificate of Title No. 645075. Property Address: 9105 Ferndale Road West Orono, MN 55391 RECEIVE© APR 16 2009 (rev. 11108) _ — No. M1481 Schedule B -Section 1 REQUIREMENTS Schedule B of the policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. . All documents execrated outside of Burnet Title's Offices will be subject to review, audit, validation, and possible further requirements as deemed necessary by Burnet Title. We require a Burnet Title Notary Certification Form together with a photocopy of the personal identification to be presented at the dosing for review and audit. Any documents without a Bumet Title Notary Certification Form and a copy of Identification must be submitted for review and audit at [east 2 days prior to dosing. Documents may be rejected if Burnet Title is unable to validate the document's authenticity. The Burnet Title Notary Certification form is available at www.burnetHe.com. 2. We require.a written notification: • If there is any change in the name of the proposed insured or the buyers/ borrowers; or • If there is a change of name for the Grantor, Seiler and or the number of Grantors or Sellers; or • If there is any other individuals) receiving funds from closing who does not have a recorded Interest; or • If any unrecorded mortgages or liens not shown on the commitment exist or may exist. • If there is anyone not referred to in this Commitment who has or will receive an interest in the property; or We may then make additional requirements or exceptions, or require additional names searches for the same or as required by federal law pursuant to the Patriot Act search requirements. 3. Warranty Deed from Ralph C. Bagley, and spouse, if any to To Be Determined. 4. We have been advised that Ralph C. Bagley is deceased. Conveyance can only be made after proper proceedings in Probate Court. Please contact the undersigned examiner with any information relating to any proceedings in the Probate Court, The Company reserves the right to make further requirements and/or exceptions upon review of the documentation. We need verification from Minnesota Department of Human Services at 651.431-3204 that there are no Medical Assistance Liens. 5. The following documents are required if the Conveyance is to be made by the Personal Representative of the Estate of Ralph C. Bagley: 1. Copy of unrestricted Letters Testamentary or Letters of Genera[ Administration certified to the date in which the transfer deed is executed (NOTE: If informal probate, 30 days must have elapsed since the date of the appointment of the personal representative); 2. If the decedent left a Wil 1, a Certified Copy of said Will and Order or Statement admitting the Will to probate; 3. Personal Representative's Deed stating maritaf status of the decedent and containing the consent of surviving spouse, if any, to To Be Determined. Note: The purchase agreement must reflect conveyance to be made by Personal Representative's Deed. An addendum must be obtained if correct language is not included in the original purchase agreement. RECEIVE© (rev. 31108) ASR i 6 2009 �r . CITY OF ORONO 4. Full and complete disclosure of all probate documents five days prior to closing, 5. We need verification from Minnesota Department of Human Services at 651-431-3204 that there are no Medical Assistance Liens. We reserve the right to raise further requirements as maybe necessary. The above -stated documents must be submitted to the undersigned examiner prior to closing. 6. The original executed document(s) required above must be approved by the County Examiner of Tifies prior to dosing_ Please note that some counties may charge a fee for approving documents. 7. NOTE: Public records indicate no open mortgage. Please verify no liens or mortgages are to be paid at closing. S. if Burnet Title does not dose this transac+.ion, and a representative from Burnet Title does not attend the closing, gap coverage will not be provided. In addition, the standard exceptions shown in Items A and B of Schedule B-11 of this commitment will remain as part of the final policy. Real estate taxes payable in 2008 in the amount of $16,016.58 are paid in full. (Base Tax $15,759.18.) Tax Identification No. 02 117 23 43 0016. NOTE: Real estate taxes for 2007 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years` taxes. Informational Note: Real estate taxes are due May 15 and October 15 annually. t0. Real estate taxes payable in 2008 in the amount of $.84 are paid In full. (Base Tax $.83.) Real estate taxes payable in 2009 are not yet available. Tax Identification No. 02 117 23 43 0019. NOTE: Real estate taxes for 2007 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years taxes. informational Note: Real estate taxes are due May 15 and October 15 annually. 11. Special assessments, if any. 12. We require photo identification from all parties signing any documents in this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affldavits in a form acceptable to the Company indicating no judgments, liens, bankruptcies, etc. If there are any questions concerning this Commitment, please call our Customer Service Coordinator Nancy Post at 952-886-6769 direct, 952-844-0223 fax or e-mail Nancy.Post@bumettitle.com. This Commitment was prepared by Sue Booker at 952-831-2486 fax, or e-mail Sue.Booker@burnettitle.com. RECEIVED (rev. 91/08) APR 16 2009 CITY OF ORONO Schedule B -Section 2 No. 9-01081 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the'same are disposed of -to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion, national origin or other protected category are omitted from all building and use restrictions, covenants and conditions, 'f any, shown herein): A. GAP COVERAGE: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, orattaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: This exception will be removed from all ALTA policies issued by Burnet Ttle, if Burnet Title provides insured closing services and the Company requirements as they pertain to "Gap Coverage" have been complied with. B. STANDARD EXCEPTIONS, The following Standard Exceptions will remain on all policies issued unless eliminated in whole or in part by Section 13-1 or by Endorsement after the Company has completed a risk assessment which may include a lien audit, property inspection, plat drawing, or other documentation. There will be an additional service fee for any risk assessment ' requested. 1. Rights or claims of parties in possession not shown by the public records, 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Any Lien, or rights to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL_ EXCEPTIONS: 1. Any other matter including pending assessments, if any, which would be insured by the owner's title policy but was either assumed or accepted by the Buyer(s) in the deed to the Buyers), the Purchase Agreement; or which the Buyer(s) was aware of and did not disclose to Burnet Title in writing prior to dosing. 2. Covenants, conditions, restrictions, and easements of record, iK any. 3. Assessments and charges, for utility, water, sewer fees or diseased tree removal, levied by the local municipality, to the extent_ that the fees were incurred prior to the date of closing and were not incurred by the party to be insured. This exception may be removed on residential transactions if Burnet Title closes the transaction and receives satisfactory disclosures and assurances. 4. Easements for utility and drainage purposes, as shown on the recorded plat. 5. Order of Court 874081 directing that the land described of the second easement created over a point of Tract A, RLS No. 441 by Deed Doc. No. 632284 us revised and amended to read as follows; Also an easement for driveway purposes over the following part of said Tract A, Registered Land Survey No_ 441; Beginning at the most Southerly comer of the 12 foot strip of land hereinabove described; thence Southeasterly to the most Easterly comer of Tract B in said Registered Land Survey No. 902; thence Northwesterly along the Northeasterly line of said Tract B, 40 feet; thence Northeasterly to the most Westerly comer of the 12 foot strip of land hereinabove described; thence Southeasterly to the point of beginning of the easement being described. (rev. 02U) APR 16 2009 6. Easement for underground utility purposes -over the part of above land, as shown in Document No. 2091040. 7. Easement for underground utility purposes over the part of above land, as shown in Document No. 2091041. 8. The following appear(s) as a recitai(s) on the Certificate of Title: Tract A, Registered Land Survey No. 441 is subject to easements for driveway purposes as shown in deed Doc. No. 632284; See Inst; Part of Tract A, Registered Land Survey No. 441 is subject to an easement for driveway purposes as shown in deed Doc. No, 632284; See Inst; Subject to a reservation of full riparian rights etc. as shown in deed Doc No. 632284; See Inst. 9. All restrictive covenants affecting the above-described property. 10. Al levied and/or pending special assessments. 11. Easements as delineated and/or dedicated on the face of the plat. 12. Easements or claims of easements affecting the subject property. 13. Rights or claims of parties in possession not shown by the public records. 14. Matters that a physical inspection of the land would disclose. 16. Any lien, or right to lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 16. Any encroachments, overlaps, party walls, boundary line disputes or other matters which an accurate survey of the premises would show. 17. Minerals and mineral rights. 18. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies, taxes or assessments on real property or by the public records. 19. Proceedings by a public agency which may result in taxes or assessments or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 20. Any judgments, tax liens, bankruptcies or other claims against the Purchaser to be named. 21. The right is reserved to make additional requirements and/or exceptions as a Purchase Agreement is obtained and further searches made. RECENED (rev. 02ms) APR i .6 2009 CITY OF C.,?RONO k�A COMMITMENT FOR TITLE INSURANCE Issued by Lawyers Title Insurance Corporation �Tf'1e �KSU R4MLE COR PO RAt{Oti LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation CCornpann for a valuable consideration, commits to issue its policy or policies of We insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate cr interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease. and terminate Sic (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the poticyform upon request. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By -Laws. LAWYERS TITLE INSURANCE CORPORATION ftest W€SEAL= f 8r �f �r Secretary pq-�� President CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or ocher security instrument 2. if the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to d'isdase such knowledge to the Companyin writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disciose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or ifthe Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from Lability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parities included ander the definition of Insured in the form of policy or policies committed For and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule S, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitmerrt. In no event shall such Ilabilfty exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more tide insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action, that the proposed Insured may have or may bring against the Company arising out of the status of the Me to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based an and are subject to the provisions of this Commitment Alta Commitment — 2006 Cover Page Form 7004-317 ORIGINAL RECEIVED APR 16 2009 CITY OF ORONO Pam= 874081 IN PROC=DMS 5UBM=ENT TO DMA L REGUTDA=N OF LAND A -LSM STATS or unamson t=RWT COMM cmxry cw Mwpm TOVATKJUIXML DMA= Im the Mawr 49 00 pamm of AOMMT CCAXTER mw *ZORM r- CARToho ram=igl Mm. pash"d a" Vve. jgum F*r am OVdW Anwadtat Usomma D"CT441"s, I a Tb* abo" OMM" mafty us=* ca for Komi % an the �7,dw Ot may. "67. as am ON" H.- in the ciwc mimmp.U.. AIM4 comw a" state. ustoxv *0 Roam" to vkam as" =-tenor )ON Dam amly gre"rx" r=*%mm to M.S.A. Soc"ou 50S.M t. &.ft. tuo *vmmm 69 s ddean.a aced report Ida -mabojew awratmun. and bo Me UW 3" 7rayaet haw" and the cgwt hvrft day Gomm"*$" am P@*Lm U's RwP-&qw Var-M of t" X—b-r- 0- uvld*— 44090" lb7 00 Tw"aft"S MA em ropm cd the WASstao. no&% L That c*ow 22k&yofzvay, Loa. no Rftktrar4it Tmw ankawd C*vt9lc"a of Tftl* Z;w mam to Rebm C. OLMV am C—NO& 9- Carter, Umb" and ,.ice, its PluL Sommes, tw the SWUPWS% do"ra" i4oft Txv4A. R@9lvftmdLud$mzvay No. 444 rawa as Register of "Mo examospla CNEWO MbomatilLo go"" Evan ti w"d bwwd" to R"Wim" zand W. ft# yaw 4--m aftirtow OC Tldwo imw. utz3—,% sWLC.-=xvowhw"14md &army M6 loz, ruse of wt mooffia-ar at Twes- 2. na do bnwwbc roaftsiz appvr am cruncou of Wkw ma, StoosuaLed LOA pow"r No. 4A in milb- 44"MT Pivas" as obowa of Ow Rft;tobmr cC APR . 16 2009 CITY OF ORONO 4 EM w 'Vatt of Tract A, R*gjs".d sand A S.,,,y Me 4,U act to as."smut fpr drir.�vay pa7rpaaar as Im deed Dw. No. of Titian. " 3. Tbut aid 4owd Dor- No. 63324* crout. My MSgMMU O"r Tract A, Registered 1,sud 3,*,.y No, 441 ,.d the Mewed Of he,. ft* 4"amem ie 6"crtbad lhsraim as follows: Also am. *"*mow fpr drL_y p_poaem Ml the folio S rx" 09 amid TxAct A. Registe"d Ljod 9sr-7 No. 441; 15*51wA% at *g um).t S?Mow#y ,coautr of @A* 12 Aget strip a iw4 uvwamism- 42DRA, thOW& SMOW&staWIT to dw NOW"St IMU631 4f Tract 15 bL OAM X*&UW" XAMA 9.9my )I,. .qnj some Iftroweetedy slow an jAmribeagwIr Bra 09 SIM Tza" 3 40 Am* OjiDws morM444411jr 6p for most W=t:*v*" cc am 12 19a S&r* of Una beroUmbaro run* *w— -qqw* polm - —i"dT to.** OC bagwwm ad As easmaqmt b6bg 4"c good 4. Mwt said d4o" D-. Me. 692244 is %im dd is &,Vr of 04 PWtVUftSXX fpr the Und damerb" in mad C62till'Ift 10 Tide No, 315M from All's T. Uftcb*U and Robert G. 34UcheZ4 v us still -Zkw V"igftc" owaese of Traci a. R.11.trd jand xmrvV 1%. )OZ, cottuUme of Title Zft* MMS. which is && do.Awm& .,at,, &,, UW b- That the PrU49 to Said dead Dwommara ft. 63VJj Tract As p Vm,A ft9vey No. 441 and that it was intended to 4"erme, -aid ogsomw* as 4madmont fm . ti --y parpmm aper the wbg Pon of W%m Tmet A. log"to"d 14.4 or MC6.444- X"*R%g " am Moot ummaxly w ON *0 M 6" strip at lana hwouipabera rumd.. dismew Sommmexterif to &. most z..%•• commor at Treat Is to said. x"rim"Mil Und NY NO. 9w; dwwm XwdmmtdZ&Lmg the k§a*"df 1100 09 suld :may f** amwa b*Lvkziy tD The U10"'VeNtOrdy COMM of :he Pt strip of INA uspeumebw" dem"Dred; a*=* to the *"a. 6. TMt notice *f&i% proceeding wan given to Scay Suceumu the —Mpka at aw premkom dweribod In cormute of 3 4F APR 16 2009 CITY OF ORONO Nor 4. . . . . . . . . . . . . ....... T'tU No' X;'M4 by pare anal. 61"kOqvub" cmf as Orda Be Sh6w Cu"O MOULUs bd(cWo A" C -Mn &t Room jo..A of CM a,,,& CQ-mr C -=*,no SO- t. AU" T. MftchQ nerd 10. 13. M ft #4hsR b7 gotv&Tdfvg to '"llcoma. =an mum rfto#4 amommleAb" ft" COW* of loom ID.A of 6, ftmere, C.000tr C40Vt Uftwo. but no *bjcttm. I." **m =uLdo w totwep"MA to am w4dmof aocsbt by the peftkman. WW* TMR=1002,, jr is HrA2My on=RMD# as fouw"-. EEC --P ► an*' 4"" 6098MM4 sw fts lame ho I w: 4414%4 ]z at Tract *I* mdexo imm- xvr*oi~ra-- a *ON T:aata, 4046426omm now" ft4be me" GC iMd b6v-i-dm— AIM*ib.#i&,. -t%o pub* of bustwaft cc 0.0 am. "Berftw% VATXV: 9 & =LVDN�; I kN L F a OEM& .ArK 1 5 ZUU!f CITY OF ORONO --A 2, him wif%---_ af vw P* pat, "d-liri—Ri P.. 0 0 compowat, am& pot, mobcm* rut ac am pangm.01 of pit V" 'ho rowsH 200d ko 4" imapam in OM0140% gwr "dgw* Au Vnow q m" pwwow,"Mma mw Aw oaf Fa—,w% CZ9 ff- &V-4- or rg 7- ubf is &F Cm"Iff C'f Tract As 8*0=ex" LaVA S-vey No. 414, fUes of tau jeoXt=r 143zmtWB C—W. Xl=W*U, ezciPpt.tbut part %bawf im ot Olt ReAstemd Land surm No. gm, tmemk of ilaid Regfsirax 0, Z*t A Asad d, lesutoxw Lod &MTV No. Mrs of ftw 012 mbJeCt to the refftrLatims of im,tbo offlAo'ef, oP ..*P Hoome"n onow., 12 7A4& IM Of D"; pain 471, th, xommo",�� Land ftmy un d IZ feet inv:Ed in 6 side mob of the &Uumin id' ceastirlina, to -wit. tiV6 a pofti: an t6 xxosastotly :.,P, X TmAct. 4 50 feet NbctbMterly ftm the mot zattwly cbru= -Tr4CC A; thOwe $Oufttxtgdy at an =SU of 90 desceam 29 =Am" uLd..Vsthaasteey Tim a awmx* of so zmt; cbmm* SoutuWtody cum to telae d0t, with a =diva of 329.2 fast, a Of .64 26 Swt and the" t=uj=tjuX. Also an amomant f= &jVo, over the fPUovdas PM of Aa A Tract A, Registered Z=d -441 SugUmIng at-tbo most Southerly corna of the 12 foot -land heaeistabpve d"exibed; tbmag so-gthmgte33y tq the �t of To4cC 3 In A&M YASL#tmd t4Wd gwmoY Kai,' 902- Mmm xmc&-C&StaAy Line of said *.wt 3 40 Taft; &068- .dlli"wiodt woo"Wly Goraw of the 12 Awt. litap. or J"a- di &m:2MxCbemxt*rly tD tbt PRIMt Of ment beimg doseriboiL'.6 toswmtzm m d;c Aljr�g T.. . . � . Z"ber ftmtv ,as "13 ORO and ba' �u- pos lAild . . Raglxt*z*d o f€WATOldt jig ND. CU ibd Tripmt,A, Lud Sdiiii m R. ' OA to .ftd to -'S** lmsawn to ... besein, .to mkiwAlr ado& 4= t9.1 V said =.boat pm the Smdmstexlr `df mW Logo= APR 16 2009 CITY OF ORONO 0 Z OWN" WA& 99 SOW. alas . 14 dj low t-citu and xs w comb b, ::.Oed4riPfatoftJiem'���tluG�swtdearyfioauavla�ea' send 04 coma ao maw. f. tatl w 4m bw-ffitt-4 aad BMW" bcP,& mad pvo&u& 1. tr. =W aMporoo"fth"m Pffl� SAdF 4WPI� Ag guy*, -fldd,,,"m A"gmaseLle d ffwlg�w *,*V. ==M4Il UWARY dmw'&s - so OSLO tro &&,w a" "t maw, AaAg to if a+4: ho*,AW— -W44mg, tA4 wd Pjj= of 0. A- **hl� WJ64 Ada"- 2'Ae*x4MjjW 6part,.v6.. hs�aankr se6 «a+sr,. yw .+ ia'S , ' VX. MM MMZON qif 13 a 7 2 ml 1% JL V c-uuj CITY OF ORONO Matt Of TBAs.r %.^_ p14 R .:�.�_y.,'.. •• • ,r r: r�.a kxs�w. e: E.ila: yw, .,'e.. ,:.. �..--- r �d who Usa=-_A.y-, =knW Oa daTA. p. - �•^ ! i�~a s:- .....-___._....,/rsrrtotan8daed._ __—,T •�`:;.':�::ea:.z,r.' Na�v+�PrBTIa..,SaaSR�.�.�.,Ca �• '� } f_r•'+a '�. :'A`"� v� `n•''�iGSeeiw�r-i{:: .w--t�.•ir�...`�.• .. s:e�w a^•r•'iW '. of •• ' :' ' .. '�r . I • � _� � ,` '^,• ^5. rq- "-`:,.irk l t � •; 4 .. p • V � e 1 � �{ i ' h d'1 �?-�r..�'''"... tom..._...... _ .ti_ ... _ _.........�........_� i r �. - .. ;::,,;,.:tom-..•:..,, t..-w�:: APR 16 2009 CITY OF ORONO LINDQUIST&VENNUM., Robert G. Mitchell, Jr. (612) 371-3262 rmitchell@lindquist.com www.lindquist.com April 15, 2009 Evelyn Turner City of Orono P. O. Box 66 Crystal Bay, MNT 55323-0066 Re: Estate of Ralph C. Bagley 1105 Ferndale Road West Orono Application No. 3395 Dated: December 17, 2008 Dear Ms. Turner: Minneapolis • Denver 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2274 Phone: (612) 371-3211 Fax: (692) 371-3207 You and I have talked several times over the past months about finalizing the above application. The application is for a conditional use permit for work in the flood plain and an application for variances related to demolition of the existing house and construction of a new house on the same foundation. The enclosed are intended to supply the missing documentation for the application for the CUP and the variances. I enclosed a copy of the title work on 1105 West Ferndale Road. I enclose three (3) full size copies and one 11 x 17 copy of the Eagan, Field and Nowak survey showing the existing house on the property, the hard cover location and amounts, the driveway easement for the neighbor to the easterly, and other relevant data pertaining to the present condition of the property. I enclosed three (3) copies of the Anderson Engineering flood plain survey. The purpose of the flood plain analysis is to raise the level of the garage floor from 930.9 feet to 933.5 feet to better comply with the flood plain regulations. The first floor of the proposed new house is at 935.5 feet, two feet above the garage floor. The flood plain analysis shows that there is no adverse change to the flood plain even though the above changes are proposed to be made. I presume that the increase to 933.5 feet for the garage floor will put it reasonably close to the garage floor elevation for the Lebedoff house abutting to the east of the Bagley property. I enclose sets three (3) sets of the architectural drawings showing the garage floor at 933.5 feet, the main floor at 935 feet and the other elevations of the proposed new two-story house. Note all of the overhangs (the -eaves of the sloped roof) are less than 2 feet in width, except for a small area over the garage door where the overhang is a little greater, but below the overhang is hard cover for the garage concrete apron. DECEIVED - r Ap- Doc#293114311 APR 16 20093 CITY OF ORONO Evelyn Turner April 15, 2009 Page 2 I enclose three (3) full size copies and one (1) 11 X 17 of the Eagan, Field and Nowak survey of the proposed new house on the property, including the new hard cover computations. As you can see there are some small changes, but the net effect is to reduce the total hard cover on the property. The question has been asked as to whether the Bagley property could have a still smaller driveway. Because of the easement for the Lebedoff property abutting to the east, the driveway only contains only 2 parking spaces for the Bagley property, other than those directly in front of the Bagley garage itself Therefore the thinking is that there is enough off street parking for these two properties but any further reduction in the number of parking spaces would create a problem. West Ferndale is very narrow in this locale and there is no parking along it. Therefore, it seems to be important to keep enough off street parking for these residential uses. I enclose a brief description of the request for a conditional use permit for changes in the flood plain. I enclose a brief description of the reasons that variances for the proposed new house are requested. Please review the enclosed. With this additional documentation it is my hope that the Bagley application is now complete. Assuming it is complete, please move it forward onto your schedule for review, planning commission and city council action. If there are any further questions, please feel free to contact either Dexter Andrews at 612-859-6808 or the undersigned. Very truly yours, Lindquist & Vennum P.L.L.P. O -e-4 otzza Robert G. Mitchell, Jr. RGM/ssc cc: Dexter Andrews George N. Bagley Brent Peters Troy Gamble RECEIVE© Doc# 2931143/1 APR 16 2009 CITY OF ORONO #339 t) 11/13/2009 13:22 6125968898 HENNEPIN PACE 02 Certificate of Title Certificate Number: 645075 Transfer From Certificate Number: 514072 Originally registered the 31 st day of December, 1954. Book; State of Minnesota County of Hennepin This is to certiry that Ralph C. Bagley, 1105 Ferndale Road West, City of Wayntf of an estate In fee simple In the following described land situated in the County of Tract A, Registered Land Survey No. 441, He Survey No. 902. Tracts A and B, Registered Land Surveybd; TractA, Registered Land Survey No.�l b}t � • �'� 632254; See Inst; +; Part of Tract A, Registered Land SLA iey N�: g,i'$ Doc. No. 632284, See Inst: I. - Subject to a reservation of full ripe�_ rfgt�s etc., a SubJeat to the interests shown by the follow . mamr' d chapter 509, namely: e I. Liens, claims, or rights, arising under tHiitaws .0 1r, require to appear of record; 2. Any real property tax or special assess tmirm 3. Any lease for a period not exceeding th7! 4. All rights in publlo highways upon tho larrd;e�;'a S. Such right of appeal or right to appear and B. The rights of any person in possession under c* 7. Any outstanding mechanics lien rights which may`>� That Ralph C. Bagley is 18 years of age or older, Is n'tf Dootiment Document Date of Registration Number Type Month Day, Year Time 874091. Order of Court I May 10.1967 209104 Apr 23,1990 Apr 23,1990 4ane: 227845 Dist. Court No,: 12378 linnesota is now the owner h , that part embraced in Registered Land 4 y Tr�lit�le °' in �Goan�t asemerlts for a"p� Imes shown in deed Doc- No. lent to an eas Veway;Attposes as shown in dead 284-,S nst; - Ith In Minnesota statutes . R t", whidh00jites of this state cannot ).4. at�:J of the certificate of title; �ictd�al oce'lr flCi pre isAs'�under the lease; Pon as Is 9116wed C''v rBro"th ,aF eertlficate of title; t 0l}3'514.01 to 514.17. and is under no legal incapacity. MEMORIALS Amount ($) Running In Favor of Directing that the land desc of the second easement created over a pt o ract A. RLS No 441 by Deed Doc No fi3084 is revised & amended to ad as fol: Also an easement for driveway purposes over the following art of said Tract A. Registered land Survey No. 441; Beginning at the most Southerly corner of the 12 foot strip of land herelnebove described thence Southeasterly to the most Easterly comer of Tract B In said Registered Land Survey No 902; thence Northwesterly along the ortheasttarly One of sald Tract 8, 40 feet; thence Northeasrerly to the ost Westerly comer of the 12 foot strip of land hereinabove described; hence Southeasterly to the point of beginning of the ease hent being carr u. mrrateu. uranrirtg an easement for Underground unlit P099UVQFA)A of above lend for the benefit of other land See easement for underground utilities over other land (Sea Inst) Page 1 of 2 01/13/2009 13:22 6125968898 HENNEPIN PAGE 03 ATS Indexes verified through January 06, 2009 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 30th day of January, 1984. R.'Dan Carlson Registrar of Titles, In and for the County of Hennepin and State of Minnesota. AN • ; !�� � r � ''fix i14. IR e/' 1 M RECEIVED JAN 2 2 2009 CITY OF ORONO Certificate Number: 645075 Fags 2 of 2 Date: To: From: February 23, 2009 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Tom Kellogg Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Grading Plan 09-3395 George Bagley 1105 Ferndale Road W Please review the enclosed grading plan and floodplain rearrangement. They propose to construct a new house on the existing foundation, filling the basement and raising the garage floor. As a condition of a previous variance there is a "drain field" for the drainage from the roof of the portion of the existing house labeled "sunroomiscreen porch" on this plan. Somebody from Bonestroo said it worked. Is that likely? This is tentatively scheduled for the March 16, 2009 Planning Commission meeting. Please respond by March 4, 2009. JAN 2 6 Zvuj AWI zMvcjw*4f__. qf M4 la —PIP, ly wo"MPOPUMOT AU XCOM Alft thrmownbu *%%cap _A_Var_la a6CaRaq uw& wwPMffwAfAW w UMM, fa *man.,% ibwk. AMEW14 aw A..bw .1 'w pwa'F =9 ykm' an df T..d tow doe adbw jb U, C"'k of I . -dawn lqgxtmed Luud M=VV No. 441, fifes of the zqgx- Of 5;'Ltull of C-asty. MIZ=wca, Mcwt.chat part tbecoof lWaVdAad �2!!MMM -,wt all cod lmd.Survey No. 902, filaft of x9cEd le&Ese= at 71nal, all . .r A and Cp leggta=d Land Mm;PV )b. 902, Milff of sidd lWsftw cg N*je= to the reatcLetiws of zecard In the affim -of "A., zgtw ! Lb -W* Minusec". is rook LM of aenftr page 471, 'tD 02 fDU*Rftg dsXCELIbed -CARMADIaL for d iBE-A. INSUMemd LMd SM.4 Hb. 44L-" idt 2=d 22 .tom t't�A�G fast go each CUM of tba &uMdw id. at a point an ths Nwrebeastec* .11w � I., so feet ftftwiteay ftw the =a lastaldy 069883F ,zm= A; theme southwMearly at Am me& of 90 ftes" 29 mimic". fd um a asbulc* of so rMse; 7 theaft scucbwftxLy cum to Cbe 149ft wfth a radius of 329.2 faut, a r 6f.V6U feet =4 dm= is ting. Alzo = wasm- Ew drL,,j,. Coco over tlla Z*UOKLv6'pRxC of said Mmst A. Ostend Lind kL_44.* Mqo-,A At-ctM=wt5Oatb=lrcastes of the 12 foot r4and barelzabove 4"cadbod; theme samCbacstsay tq the lbatb,"* ;9 3 ln.&dA ROSUftmd Load SoXvgk Xpi go r 4WX ail *W&MUdy Lim of xalA Mact 11 401*0a.- =IML vlaft to, th*'=wt gastsay oomex ag Cho = soct 3aameastsAY to the P40 of Tw.M beft -ftwcD.L'.. Wei$ to :of Al .id her fttX7 as. sfie AiZL oub kad bdi %u of fmU Lbe Pam an ixid we thiu, hed�Ltmd Ego. 741 Abd Trikat 11 M�t&- add Lagoon, togw& Ili* said jAZjjjp, to s4jr-acd mcbm g. Miutrin a dock gm 4'=M*wt.-,aM to whish iiw-.: it6oes,� tact or, as tp'purl. tip 'NdA =wb= p. the Ownmair RECEIVED �p ni 874OU IN rRocarMs"m SUBS=E" To 0UMLBXG3nWT1OXOir ZAND A -LOW M*Zm OPUMMOTA n1n1x= C0mm4 couirry or EMMP24 CAATZR =a Gxxmtm r.; A" WS6 ma San rQW 41a OMWF AAWWAft EUNDOM TbA OWINS Plida" MBMZ CMMO 4M "r hGMft an the 1!AW ormay, 296T, At as Glow Homo to an city of wimmopood. maid �f S" ft", bdum lum Anhw" so vkam Dow mxuw hap be" gasmen to ba. S -f- soodam 50BA16 to boom an awhsomw 1%1'44� md w, No cmdubm *otdnn6 MdWWhan Mad :.nz w mage: bmpdms vAd low cows hoft domr malk"ftna no Pedtk% Uo zerwt!ow Morozim OR the 2bmndwmr, the wrldsmas moomm" =A do Topoft d dn Ro&zod6 Amb: L 'rot ok " n& day ofxulr. 1960, am Roombar st =bw omkmvd cWtOcaft of TKO NDt 31"" to Rom= C. cum and r. Owlw, bomb=& and vM4 as taasb 3hr ow smawi" dumcmSed lam& VISU At X6914ftid XAM 3mrv6F 3FC6 44L Mad 08 lit Timm of SohL Camw. Mumftaft, Zand M06 IMM y9" ONE M&MAnsweam ce Tidim_ 2. ilm as ionows" mdaam appear up" mad ac7las WIN. 40toadb- -fim Affism"N" imam, parpow" QML Doe- Nb. "4m of lba Rawoftur og RECEIVED AN 8740% ;91TYOF-ORON L9W ST=,X- 4t alm— In dam n0c. M Wm. rues at am Rqmau= at Titles. � l. Tw sald do" Dm- No. CUM4.nono, two_Mianuts Ower T-ct A- A09161020d LMMd 8MXvwr No. 4a and th. leased d them t" Aaffil=M" An descruied mala sd fellows: Also MAM wQn2eft for drjvvvmjrpwpqg*p OM the f* add Tract A, Rt&texVd Lima =LMf 31,48101MAR& Akt thegomasox2y *"am at toe n f4wit strip me soma--_' 3--540- draww; thanow sonewsm6pely to iLd at T= 3 ht saidWOW*Am* Conswo St"blow" ZA" awwob-wr >4. VMS *Oum x-*w-lvft a&- 4 the swam* H.. *C sold Tmm z 40 &a# fl6eaetI =oftwaffloa* evaum cc Ow IZ =110 lb, howokwo— d*Mz2M* lbowe 840dwsw4dy Pat,* of buSluvft at tw vggqwget bobg dgmsbeL A. That is" do" Dos. Na. 63ZM to thr dead j. &"r C 09 P&dd0u=x AM the lied demerbod in said Certibca. d TN. 3;,, 3011M ftm AU09 T. UMW=U and R*beft 0. Maubgli v" &" tin, -be atdMeasnd awmars at Tmet X. Staglogered land O"'My Condom" of TNU MO. SLUM which is the 4oulfiMM& OWM& Is. tW 3. That *4 "rass to Z"d "*d DWOM&Wt M96 63=4 doncritad the soccod sum"Olout Ovw TZRCtA, Rq&Ured lr-d $a—, No. 441 &" eqns it was i5"d to drseri6. wl4...saueat as ANUMV. 4100 - Me-Matllsw dirber-T Firmes 0 a do f*UvwUCz ftP9xt4fwMwtA. &qFhftndZSVA 8--rx- 44L Boidwaingottboxomasawnsay coiner of the lz am* otz[p E hoed - . - descro"14%. &swce smospix"wir to the East - stir coeaia of Tsar Is Is said P.tiataned Und -Ocrftr No. 912; asoce xn*oqntn %aloft Jbc Asir MW 69 MW Treat 35, &@4 Gw r to *A Mast Wort sir war cl 20 Azzost stry CC undbarobvibwe asocca..ft own= 7 bookmot cc as *ago. 6. Ital modes Ord6l, ppmesclft %us tivamtO.Yny SbOSAW14. the Occapast at *0 Pr-doel dosarMad In GwtjM=v of I XF Two M RWM.% by person" gLamas qm bar of am Order to mow C*mq walawasua befib" dAy c4aft At ROM JQ.A cf to 2*,Ugft CWM'tr Coast !teem. asdtag*w two thu Tmbmq&4bqP Wma 9 !— to Alks T. WOCUR Osd ILsbart CL UA41ma Ir jer"LvilM to id Imme br wasimw =a =ftm receipt. 4m Ordar to AWN mowwomb" W— aft Comal at a*= 106-A at an CMAPt Had**. Act m atlecal". U.,, bewL UUMAS for sommarmM4 somm by dw 741twomm. J .1. WWO TMMMXMNO.zr z nzmy QRMXRM Dip '.14,ow 'M� 44L at Una a UL OP ag being "WommwL DA=o: md. OLT of &%T. 1167, MIT TM CCCRM. SMAW• N .. 0= vw 2009 �vi kaWiMOM .... ..... Ago MM aF aMWwm-*T-Mn .j 5vm=.OTA Was lbdindkerw4ft 10 day 4r MMCA. A Up at Rpasnm OF 141 OF WrUt i.q Big p ' SAN z ZQQ9 ' ter•- •,„;F�, • � �Aa�-i�6isa �� • _..:ti rs oma rarry a is 44 pu.w” ._...a.aiara 4.. �i ,qhs as .WW b. fwspo6ag ;. a�sseast_s.�cram&aOwa .w ti �� �iewii•� �. }y' . OZ xadRq Pr5ff0. . �+Poww4y jam a i +Myr a Lwmb w a---%M ae� .IDSL !a7Cp slw wr u......7r �.. y...•... hrwe,dwie r..�... 1.� b•. ... .e onus. �1 �•. .ryf� ` !.lam {.. :*f=SIR + •�"fir'' -' " rr•�""•yw .+. '. +�.�+w+'. ': r-'�•�ir: '•�:%yleM.+�,�= .w'-�•:•. .. .a ..a:i�r*;"��. ' R.y 'ia:•.e . r....t`�'?.';tiwtra++...:.�-•�'•'f°'�<�`Fti: �{ R=CEIVEi-_ 2 6 200 ITY of ORONC SAN fir% * � •�.�F+«'• �'' - ,S' soli I✓.u� ls+� ��AS�� $Yt. as a7.:�F: • - ��+rsadtl�3�e�1t4 ?glda�raaTtA arti da. ivrrdttaorr.a ing ror7ar#+ca�oa 4tww Wdo, or fag, daww . bis W9 7-d. of aw omkt rv4 all aw[�ay �:,'.•.. ataaraf.�afd�awurr, arafka mmila apl ruvbw, lenems giaamafasd.�pf t76s aomadyp� 9ml and jut a bbl 6e ee.rroa .yart iesef tllsy MIPP-1 Air Mobs aeueraId adI me mupmr&ae of «Dougamemejullibw ==' E�+a� fw1m of the laws a.gynmd. grog dwa • •-+ -• to and6 ori apw.p Gea,m.. h>•easr era firm afwaraf4 +rd e7rC zHe Amm aaa a - .lad tall 46"1 as Will *MW X=& 'd -M wti a o an xaord Pail tadr aadf)% Aw A*,.f radd r - rura6sr, a�lalmt gTnrwm iemjR afa�atq{ or & dairy the usar di mt maw,. 4.- {�= tia Sala pari wo 14= ' -' goads-. orf daq �-g ai• firs l�?� lw<v�, 20 ae6-t.�aE�� : ; fk± w •:r:".� w zk yr.; ivacmr�aaiflar DHEA T1dt 9fl8 $48.20 ..Yr, z_ �__ ,;•'r we • Y I ---•---• 'Ai'd'e y''`I. t'+'P'.t •,^sri' pill L tai cn�ot rrtxs•• - ;t;�:' �,.-�• }fie N . + 350 Hwy. 10 South, Suite 101, St. Cloud, MN 56304 (324) 259-6575 * Fax: (320) 259-6991 • www du$peng.com RECEM -January 9, 2009 Coidwell Banker Burnet JAN 2Q09 Attn: Dexter• Andrews. , CITY OF ORONO 6897100"' Avenue Clear Lake, MN 55319 Project: 1105 Ferndale Road, Orono, MN Re: Proposed -demolition of existing Douse and rebuild on existing foundation. Dear Dexter: I inspected the above property on January 7, 2009 to determine If the existing foundation and walls can. support. a new structure after removing the existing residence. I also reviewed the plans provided by Autumn Design (dated 11/21/}$). The existing construction of the property is a single story wood framed house with masonry (concrete block) wail =wl space foundation. The existing foundation is suitable for support of the new pr000sed*two-story house. The i*w structure should have an interior beam line to support the main floor with the, exterior galls Used - to support the second floor and roof framing. The existing foundation walls should be repointed in'areas where cracking has occurred and stair step cracking areas shall be-rrrinforced with #5 dowels grouted into vertical cores at the crack in the south -each comer and any other areas of stepping cracks of the wall. Please provide the proposed plans (Including floor and roof truss.shop drawings) so I can size the interior footings to minimize differential movement between. the new footings and existing foundatiori. The plans I reviewed from Autumn Design show new foundation for the porch on the west end of the building. In this area there is a perimeter foundation wall In place. It Is my recommendation to.use the existing foundation and add, interior footings as needed to support the floor instead of providing new pier; and footings as shown on the current pian. Please feel free to share this letter with the local building -official and builder as required. You may contact me at (320) 259-6575 if you have any further questions or comments regarding this matter. Sze ave rt,, P.E. Project Engineer, Duffy Engineering & Associates, Inc. I haft cm* that this Plan *edficadm or report was Fepa[ed by me; or mider my direst superAdm ad that I am a duly lkmsed Prote�iaoal under laws of the: state of Mhneww vert, P.E. 1!9/2009 NaL 41971 11ewspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth, Wayzata, Orono Sun -Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 8 day of January 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _ day of 2009; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz r Subscribed and sworn to or affirmed before me on this 8 day of January 2009. Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMKWK N EXPIRES 1.31-14 City of Orono (Official Publication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission W19 hold public hearings In the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, January 20.2009, beginning at 6:00 p.m. on the matter of reviewing the follow!Mg !and use applications: #09-3389 John & Lynn Young, 4355 Chippewa Lane, RR -'A zoning district, requests a variance to allow an ex- isting 36'x 27' detached garage to remain on the proper- ty between the street and the proposed home after the new home is constructed; where an accessory building typically must be located behind the front of the principal structure. #09-3390 Michael Jones, 3186 North Shore Drive, LR - 1 B zoning district, requests a lot width variance and a vari- ance to have hardcover In the 250 to 500 foot zones !n ex- cess of the allowed 30 percent, in order to construct a re- placement residence. #09-3392 Wayzata Country Club, 200 Wayzata Boule- vard, RR -113 zoning district, requests a conditional use permit for wetland alteration and for land a3eration to con- vert a ditch with wetland qualities to a pond and to exca- vate two areas to provide for replacement of the wetland. #09.3393 Brian Winges representing Comforts of Horne, 875 Wayzata Boulevard, RR -113 zoning dlstr;ct, requests a Comprehensive Plan Amendment to re -guide the property from single-family rural residential use (2 - acre minimum lot size) to multiple -family urban residential use. Proposed use for the property is a 46 -unit Senior As- s'.sted Living facility. #09-3394 Dan Larkin & Nancy Bausman, 2525, 2535 & 2545 Shadywood Road, B-4 zoning district, request a Comprehensive Plan Amendment to m -guide the proper - •y from commercial office use to multiple -family urban res- idential use. Proposed use for the property is a 6-un!t Se- nior Housing (condominium) building. 039-3395 George Bagley, Personal Representative of the Estate of Ralph Colt Bagley, 1105 Ferndale Road W, LR- A zoning district, requests lot area, side setback, lakes hare setback and hardcover variances as well as a conditional use permit to rearrange the 1:oddplain on the property, in order to construct a replacement residence. #09-3396 The Dennis Batty & Associates ;croup, 3421 to 3435 Shoreline Drive, B-1 zoning district, requests concept review of a proposal to enlarge the existing com- merciai building with additions to each end. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and Is subject to charge prior to the hearing. Written comments are ac- cepted and should be submitted to the City of Orono by January 13, 2008 if possible. Interested persons are en- couraged to contact the City for further information. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis, Planning & Zoning Coordinator Published in the Sun Sailor on January 8, 2009. Posted at: Orono City Offices, Crystal Bay Post Office, Long Lake Post Office, Navarre Post Office (Jan. 8, 2009) a2-hrgs 012009 -CM RECEIVED JAN 9 2009 CITY OF ORONO December 19, 2008 George Bagley 602 Carter Street New Canaan CT 06840 CITYof ORONO Municipal Offices Street Address: Maifing Address: 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #09-3395 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances and conditional use permit for property at 1105 Ferndale Road W. Below is a list of items the City of Orono is requesting to complete our review: 1. Two reduced copies (11'x17' or smaller) of the certificate of survey that was submitted with the application. 2. Two (2) original scaled copies of the grading plan for the property and a reduced copy (11'x17' or smaller), including the following: a. existing and proposed topographic contours, b. proposed lowest floor, first floor, garage floor and top of foundation elevations, c, cut and fill calculations for floodplain alteration Because the value of the work proposed would exceed the 50 percent of the value of the existing structure the lowest floor elevation (basement, floor of crawl space, or bottom of slab) can be no lower than 932.5 feet. A report by a Professional Engineer indicating either that the existing foundation could support the proposed structure or what modifications the foundation would require to support the proposed structure. 4. A copy of the certificate of title for the property (to confirm the legal description). 5. Either a copy of the driveway easement (including the legal description) that benefits the adjacent property or a revised survey showing the easement. Application # 09-3395 is incomplete. If you wish to proceed with your application please submit the items requested above by January 2 to remain on the January 20, 2009 Planning Commission agenda. Please call me at 952-2494623 should you have any questions. Sincerely, Ceof Orono Ev yn Turner City Planner Copies by email: Dexter Andrews at Caldwell Banker Burnet Brent Peters at Egan, Field & Nhone (952) 249-4600 • Fax (952) 249-4616 www.cLorono.mn.us Job number 579 , * SEND SUCCESSFUL' .ods City of C>rono Q 2750 PCWIOY Psrlcway P.O. 6cue 60 Crysr®/ Bsy, MN 0-19323 x052) 249--4600 Fax_ COsa) 249-4676 FA]G TFk^NSMiSStC)P4 COVER SHeET paw: 00c4brnpar 18, 2008 To: baa tar Andrews Brent Paters Fax: 952-473-3932 862-548-9838 few: 9905 Femdale Road W Variance and CUP application 3iindw.-- Evalyn Tumer 9 of .-&-- Group Send Report Job number Date Document pages Start time End time Successful Fax number 579 Dec -19 04:56pm 002 Dec -19 04:56pm Dec -19 04:57pm 59524733932 59525466839 Time Dec -19-2008 04:57pm Tel line : +9522494616 Name CITY OF ORONO Unsuccessful Pages sent PC: Exhibit L TO: Planning Commission Members FROM: Michael P. Gaffron, Issistant Zoning Administrator 'DATE: February 15, 1984 SUBJECT: #815 - Ralph C. Bagley - 1105 West Ferndale Road - Variance - After -the -Fact Application - Variance to lake zhore setback and hardcover requirements. Zoning District - LR-lA Application code sections - 34:201, 34.202 List of Exhibits Y Exhibit A Application with attachments #'s 8. 10, 11, 12 "Exhibit'B - Plat Map Exhibit C - Survey -- 1954 �4. Exhibit D - Mitchell. letter - January 31, 1984 with attachments{"similar " lot sketch and surveys) "`. Exhibit E - Neighbor approval statements Exhibit F r Building & Zoning Department correspondence and inspections - Inspection - July 20, 1979 - Mitchell letter and sketch - July 27, 1979 - Mabssth letter - August 10, 1979 Roos -Frick proposal - February 1, 1980 -- Permit 4195 - April 17, 19BO - Inspections - January 5, 1984 - January 6, 19B4 Exhibit G _ Staff sketch of proposal The applicant is requesting after -the -fact variances to the lakeshore" . setback.and hardcover requirements in order to expand the dining.area and enclose a terrace. The construction has already taken place, without-;'- ithout_'_permits, permits,and a stop -work order is in effect. ...Virtually 100% of the dry lot area lies within 75' of the lakeshore, hence ::.no hardcover is allowed as per 34.202. The applicant has represented the'. dry, lot area as 22,811 sq. ft. and the existing house as 2,600 sq. ft...:: The.. -app licant has not considered the gravel driveway in -his hardcover.,., . calculation, and staff estimates the driveway and gravel parking areas as t approximately 3,000 sq. ft. The additions requested total 2B3 sq. ft. hence 'total existing hardcover is roughly 2600 + 3000 22,811 = 24.5% a. -Proposed hardcover is 2600 + 3000 + 283 22,811 = 25.8% ]]�� +lll� IRA., s MCA#, #815 - Ralph C. Bagley February 15, 1984 Page 2 I -suggest you take special note of the history of this project (see h'b't F?• especially Ex i i - 07/20%79 - Stop order posted - Foundation work underway without permit that work done was 07/27/79 - Letter from Robert Mitchell stating foundation. noting Bagley's desire,. replacement of an existing to screen the terrace 08/10/79-•Mabusth letter indicating that existing terrace blocks are and requiring spaced so as to not be considered hardcover, fowork air ead� y started permit fort1ze undation 02/01/80 - Applicant's con.submitted sketch sof "screened patio of screen nrau se, yr 1 0' 17 / �0-rl+Ri't'95"°tad fai construction ' roof are 'to- -be' screen bnlY 7 ' notation that" a'll walls and r ='' - Stop order posted - applicant had installed wood flooring and 01/05/84 on patio area in additi permanent impervious roof over screen the front of the house. to a dining area extension at creates approximately 16 sq. ft.. .additional.' The dining area extension is located. 65' from the -lagoon lakeshore. hardcover and The screened patio area adds approximately 267 sq. ft. of hardcover.-• Myr beginning 14' from the lakeshore. The property obviously has many limitations and difficulties.since-itroval�drr to recosmnend app ,5 !F1 is surrounded an three sides by lakeshore. In ardor to make the findings set forth in 32,340 Planning Commission would have I (a—e) \ b i°N r rr d f Tri Nk,Jk�:` h"Yi' LAND • USE; "PLANNING ZONING VARIAPICE APIJLICATION14 CITY OF QRoNo EXH, T ' e,0. Box 66, G;ynCn1 goy, Yirwrt—t. $5323 03-735 i:XEI1ri.1J L g '3r pr i. 17251gULTIOMS: Plea -e fire[ :rad he attached In inrmatfnn Sherr. C-mPlece Items 1 - 13 .(Type Print). IC needed, nttnch letter yr other inFvmaelon to better be de rile your request. Incomplete LIST OF' EXRIBITS -pPlieatlons will not be accepted. F beperiv tion I. PROPERTY ADDRESS 1105 West Ferndale Road In jai Az�ion - Legal descripCion !hall be shown on atteched survey,'Exhibit.3 must .neluda: 2. APPLICANT NameRa7-PE? C. IiagleY Thane 973-6272 1 1/ AppiLc-tic" rare Rest Ferndale Road Z eeeprrey dmere Liet P Jling Address Wayzata, Minnesota 55391 3 of surrey ec acev+r If Applicant is not o-ne_ explain •I 0.�te Arce Lved g--.�L 3. OWNER N Ralph C. Ba lav/$agl7nrGrain C73-5272 By Stn EF Tn 1105 west Ferndale Road arms tion 1:,� toiling nddrea- Wayzata, Minnesota 55391 4 — Plat K.P Date -Pro art Acnuired -Property ,'anuary 1975 (ranchlYeer) Invrntary I f-dQ� (do not) also own other adjacent. parct.ls of land —_ t -f* ' =• P. �. AGENT game Hobert G. Mitchell, Jr. thane 973-•4208 Other lnf.x t(on Lindquist & VennI,m — Firm 750 East Lake Street 11 — wiling Address Wayzata, Minnesota 55391 q '.5. I30TICE5 Should be cant to: — Applicant Wner S Agent 6. PRESENT ZONING USE DISTRICT LR-IAT7,17 7. PRESENT USE Residential (Other, CIFY U . nNn Vacant land Vseant Building(s) Occupied Bviiding(a) I3. :DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $7,932" establish neo use _ continue or expand existing use r build nev k add on . -- _ � emadal T espies - Describe request in detail: SEI' attachment VARIANCE(S) REQUIRED to da the requested Ver'',; _ Lot Area _ Loc Width X Hardcover I setback C. Front __ Side _ g-ar)X other Lake Setback € ' .10. Describe 'UNUSUAL PROPERTY CONDITIONS Prevent(ng cvmPiiance with Zoning Code tequircreence: See attachment t 11 Describe UNDUE; RARDSHIP or PRACTICAL DIFFICULTY requiting from '"Jet enior—ent of saning -regul.ciana Sea attachment 7 12_. Describe EFFECT OF PROPOSED WORK an netghbarLns properties uid on the nesghbarhvod in g.,,rraL• i See attachment The APPLICANT and the PROPERTY OWNER must sign and date this applicatioll. The AtFMCAWT herehy -Areca to provide ell 1nlormn cion The MNCX herch ocknew Ledgcn and agrees to this nPpItcAtion�� .. revuired or rcn;jertfF.s bT the Zan SnA Admtnlsc.-aeor, agrees and further narhnrt!r.! ern l;F;nhlr. e.^.try nir^ thr nrnsnrrr M Pay,411 fees ndlor w!vsml ex pnrtses incurred Ln revlev by City ata fl, eonaul c -nen, aeenu s, eaa,if uton mnmSnrs, of this applie-tion, and. cert[lira char the Infuemetic. and Cam. II mrmhen (or purposes, ql In�reet gar Lon and supplied is true and enrreee to the best of his knovladge; verification of thta rrqucae; �k�?� Applicantl$....S*na-fure Date Weer' Signa_[ Y^'e 'Date L"Yr'�i'.�����' r.•a ..DI{n[+i,-T..',` '� r. - ^i'nhv-_" _-,.,,.,. ..... ,.,.. h-: rY1nr � - rn •._,... .. ,. for.. DESCRIBE REQUEST. First, request variance to add bay window to north side of house extending house out 2 feet beyond present eave and 8 feet wide, for an additional 16 sq. ft. of hardcover in an area where one corner of proposed addition would be 75 feet from lake, but other corner of proposed addition would be only 65 feet from lake. The encroachment within the 75 foot limit would therefore amount to only about 8 sq. ft. Secnnd, request variance to cover previously screened porch which would add an additional 267 sq. ft. of hardcover in an area within 75 feet of lake: 10. UNUSUAL PROPERTY CONDITIONS. This lot is over 1 acre in size including wetland; the high ground excluding the wetland is over 1/2 acre. The house is about 2,600 sq. ft. '-n size all according to the survey attached. The lot area covered by the house is only 5.3% of the entire lot area and is only 11.4% of the high ground excluding the wetland. Therefore the size of the lot compared to the high ground is very small at 11.4% ccmpared to the 25% permitted lct cover in Zone LR --IA a'.� the distances of 75 feet to 250 feet from the lake. Because of the peninsular characteristic of this land, no portion of the land is more than 250 feet from the lake; but also because of the configuration of the peninsula, much of the land is within 75 feet of the lake. The additions requested of 16 sq, it. and 267 sq. ft. increase the hardcover percentage irom 11.4% to only 12.6%. This house was built in approximately 1947 and so the general condition with regard to this. house and its proximity to the lake has been in existence for many, many years. Were this property and this house configured in a more normal circumstance, there would be no difficulty whatsoever in meeting any of the setback requirements. See example attached. 11. UNDUE HARDSHIP or PRACTICAL DIFFICULTY. IAs with many older lake houses, this one was built at a time when houses were very small. This house has heen rented for a number of years by the present owner and its substandard interior dimensions were not clearly known to him. The house is only a 3 -bedroom house with a small two car garage, living room, kitchen, and dining nook. The purpose of the addition to the north side of the house is to expand the dining nook from a size which in reality only allows two people to eat in the dining area to one which would allow six people to eat in the dining area. The new hardcover beyond the existing eave is only l6 sq. ft. A porch which does not have an impermeable roof .is just a great nuisance because porch furniture cannot be left cm the porch -- a real chore as a practical matter. It is a hardship to require them to carry in and out porch furniture cushions each time they wish to use the porch. The owner proposes that the run-off from a roof over the screen porch be channeled into a sump or cistern contiguous to the house to be held in the sump and only released therefrom slowly such that as a practical. matter there would be no substantial increase in the rate of run-off of rain water to th- lake. This should ameliorate this problem. @ L O LJt5 _ ToIffmNleD Y 1 1984 !I "FILMED Q � Y 0F 0R00,C, The owner wishes to state that he knows that this porch was to have been a screen porch. The roofing which is presently on the screen porch was put on by a tenant in the spring of 1963 unbeknownst the owner. Therefore, the owner states that he did not intend that his property would violate Orono ordinances on this point. 12. EFFECT OF PROPCSED WORK. Because of the unusual con- figuration of this particular piece of Land, this situation will not pertain to other lots generally in Orono. Because this is an old house which the present owner is bringing up to duality standards desired by the owner and desirable to the City of Orono, and since the present situation of the location of the house on the land vis-a-vis the lake is not of the owner's making, these limited charges should be permittee. u CITY OF ORONO MICRORUNEw�s ear le) All!1 n4F �rvfr .. i, •.. ,-, •r' "�1' _ �� ri �' to it- r� r'-ti •t x � r r jt or net ri lb ' - %n n �• n0� I c� ` ! OD d6 cr Ny,� ' .� �� � t1 * =�ti ••,. ',l + c of . d b I _100"L r 1n1 -�+� � � �4SS � 5 � �.`\�d t,l *`34.5 - •r �' Ir--�.��_ -� . . 3 to 433>1 V zr fll kD L a n n� ji i°- � 7-y' 0 /q, 7- 7-A 'Jov, LEONARD C. LINOOUIST NORMAN L.NEWHALL LAURCBS V. ACKMAN GERALD t.-AONUSON EDWARD M,OLENNDN MELVIN I.ORGNSTEIN ROarwTJ.BMERAN IBRAEL Z.KRAWETZ T VGENr nCATIKO JA. C. .. MAFIT IN E. V RICHARD J.-TZGERALD PHILIP J.ORT>•IVN JOHN A. rORREsT WILLIAM C. PP% JERROLD ►.dERGrALK WAM T. DO LAN DA. LE BEGOT.r JONN x.STROT}IMAN DAVID G. NCWHALL KURTIS A. GREEN LEY ROBERT V.ATMORE HOWARD J. 4AU FFM AN JOHN B.WINSTON LAVRANCE R.WALhOCH T NOMAS M, GARR ETT ZD DARYLC L.UPM.OrF 'DAVID J. DAVENPORT MAR% R.JOMNSDN R ICMA RD A, PRIMUTM R. WALTER BACNMAN JC rrREY P.SCHMIOT TIMOTHY M. BUTLER EXHiS,'T L 1 N D 0 U i 5 T & V E N N January 31, 1989 4200 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 167x1 991-3411 TELEX 29 0044 TELSCDPI ER f 43[21 371-3207 CABLE ADDRESS: LI NLAW WAYZATA OFFICE 740 EAST LAKE STREET WAYIATA, MINNESOTA 55391 ROBERTO. MrVCMCLL.JR. J. MIGMAEI DhDT U J. KEVIN COSTLEY RO :CRT J_MAATMAN' J0 EG G. KO - LC -,AVL M.TIETZ C. CU RTIN w ICFARD D. MANCIL DONALD C. SW EN 00N .SAN C. PAGE .SAM CL P. w�GAQTMT STEVEN J.JOM NSON LTNN M. ANDERSON DAVID A.ORENSTE�M TNOMAS E.OLENNON TERCSA B.MONNCP SUSAN 0- LO ITZ - JOMN R. HOUSTON DENNIS M. O'MALLCT DANIEL i.BHCRAN KEVIN M. ROCMC' DAVID A. ALLGEYCR N, ROLE C.Q. R ICHARO T. OSTLUND pCBDRAN M, REGAN MARTIN R,R09ENBAVN DR C C 0ya-? � I PEB-11984 Or CRUNSEL TNOMAs VCNNUM Ms. Jeanne A. Mabusth rte` city of Orono Post Office Box 66 � �% : •'`'" ' Crystal Bay, MN 55323 Re: Bagley Grain Company 1105 West Ferndale Road Dear Jeanne: Enclosed is Mr. Bagley's variance application together with exhibits and a check in the amount of $200.00. Mr. Bagley is particularly concerned that Orono understand how the porch came to be covered. As your records will show, Mr..Bagley lived at 905 West Ferndale Road for many, many years. When he acquired the property at 1105 West Ferndale .Road, he rented it out. At all times up until the summer of 1983 the property at 1105 West Ferndale Road was rented to tenants. In the spring of 1983 the renter telephoned Mr. Bagley just as he was leaving town asking Mr. Bagley to make certain repairs at 1105 West Ferndale Road. Mr. Bagley then by telephone employed the man who did repairs on Mr_ Bagley`s then homestead at 905 West Ferndale Road to stop by the house at 1105 *,',est Ferndale Road to look into what repairs the tenant needed. Since Mr. Bagley had long used that repairman, he did not involve himself in precisely what repairs the tenant wanted done; it was his position to maintain 1.105 West Ferndale Road in good condition and therefore authorized the repairman to make whatever reasonable repairs the.r.enter at 1105 West Ferndale Road wanted. TWS ITEM NAS BEEN VICRIFIlYEB LINDQUIST & VENNUM Ms. Jeanne A. Mabusth January 31, 1989 Page 2 It was only some months later when Mr. Bagley got the bill from his repairman that he noted an entry that said "repair of roof covering on'west porch". Mr. Bagley still didn't know what the entry meant because he knew that that porch had been screened and simply assumed that some repair work was necessary either to the screening or to the bears. What in fact had had happened was that the renter had put a sheet of plastic on top of the rafters; over the screening. The weight of rain had then broken through the screening and so the repairman, intending to do a good job for Mr. Bagley, put some rolled paper covering over the screening thinking that that's what Mr. Bagley and the renter wanted done. When the Bagleys decided to move from 905 West Ferndale Road to 1105 west Ferndale Road in the summer of 1983, as they began moving they stored some things on the porch as covered and did not at that time recall the particular significance of the covering or non -covering of the porch which had been worked out with Orono in previous years. Mr. Bagley wants me to make it clear to you that he did not intend to break. any Orono ordinance or go back on any agreement he had made with the city and the circumstances which, have developed were unintentional and outside of his knowledge as they developed. But now that the situation is in existence having .a covered porch as opposed to an uncovered porch is a substantial benefit and he would like it to remain if the city would agree to the variance for it. It is his hope that his offer to properly gutter the roof over the porch and to build a sump or cistern will satisfy the city's concern about hardcover and run-off at this location. The Bagley application is herewith submitted; if you have any questions, please don't hesitate to call. Thank you. Very truly yours, LINDQUIST & VENNUM Robert G. Mitchell, Jr- RGM:mes Encls. CC: Ralph C. Bagley PITY fIr IRIS RN pus IMAM ra3cRoo LXAMPLE Thi . s . example displays a lot of similar size with a more usual shape and a more usual lakeshore. configuration showing how unusual the Bagley lot is. This example lot has about the s0mc arca of hign ground - (22,811 sq. ft.) and a house of similar size (2,600 sq. ft.) and shape. --mcnsions and shoreline is large enough to accom- This,lot of more regular d ft. with' additions thereto of only 283 sq. accom- modate a 2,600 sq. ft. house an out doing great injustice to the zoning code. U 5' o I 15' -7 NJ 1984 CITY OF ORONrl s �C' r- e— - [I' k e- 'MIS I1EM NAS .KEN IMHOtBFIIMED @) 19 EB - 1684 ITEM RAS KEN C),P c JE717Y �0 rr� CROPSLmEo -77!7777 Ir G 1 G942 ORIMAL UtUCJNAL .;Zzk 3=13TVED UND SIMV to. VIN Mum. KL%xz5c7,L e '�P h-l-bY c-MITY ihat In accordane- with th- rjovL.j.& or chart.r xM. jtjnofjet. Statut" or 1749 as fol lo.�lnr-d",ribd t,,.,t or is,m in th- County Of !. ,rio " Lho SL.Lq of FAM.,OL,. to A vitg ALI Or R-ri:t-d lardSu".y JO. 5a3' Mom of U Pf1strRr or Titi a,PrCOMtY Dr H-npLn, and that part of Tract A, ForLster-d Loild 5ur•-T Me. J.41, f1j., or Fkagisty-or or TILI-s, Count; if Kennepin, dfjcrjL-qd as follower Barinnine at 4 Point On thp Karthw"tarly linm of said P-991,atered Und S�ey 16. 583, dioLart 67.6 feet Soutrh"ftterly rrim the mat Xomj..rly cwnor theroorl thence NiorthwomLmrly at right a,.Iflvg to said L11 W Northwngt-rly line, 3 fwqtl V'Rnee Zeuttuqmtorly At right anrl-a 24.5 fart; thence South.m#, Orly st right. f-66 tc'thdv Northwesterly ISnp or maid U, S 5 TtapiT"red land Survey No. S83; then" Yort-1wsoterly to the roint, or br4lanimr. And that thw sur,gy mhova J'. herein Is a Correct dwlineutSon of said swwwy. 7 Q9 R LA W. 441 < JKMLEY KMIM, DW.in-nry Long Lake, Itancimeta U Sc -41o. 131 MI April 9, 29:9 D I Iron ILarkcr B FLOWN %5 BAY LAKE MNNETONKA 6_ 6942 t' OFFICE OF REG0MV0 OF TITLVS I 110WEVIN CULTNly NWJ,,E!;U1A 0 2 FWft of Seg!stmr of rices, CdUR'l 01 5ltnnrpiR oa% Fdod Ln this -ffkx day ni A D. 0 T.C.0 DONAU)' SM94"I'll'Ir �Z_ & -T.fl or, iNS INN 'AS BEEN MIICIUFHIEDtJ 14i 'C18 4 . :jjj o ORIGINAL 'A 6 3 4 6 J b z% 017M rTv VCL 17 Ab st.~. a- rfeoej PI.; 0; L.4 4t }:•' i r a Il,, `' - '' /% 'Fy JJ-'ff,r J15 A �d �A -01 & I hrrrlrr "rilry v -t Lr. t'rC,,HPr-cv -.Sth Lhr V� vjns.,z Or ci-rt,r V,�, r I% 1. T T N,Vt N- follov$rr trnci Or 11nml r to -At' '7hA i,j-�rt a' lot 1, KC�unj y or Fri)r.r-in c -fl,' t �rll -M:,-� COttr,_ C.,. Of F- ltr" '14. 3 71 ..cj Ll:�mFlrr�, rz want Fo 1211o4aj ftt r. 1�ojn'. At the er Lj 11 -ti -,m -st,rly corm7, � r, u tV,. r,eO fcel ti—r• :;mlh 41" 31,' Prot JsM Trott V,enom.'., nA viint to a �,r�jj,,rlrr r -,fl rr,-.' I,- r�rth 5"j 30' Te, I n 6 Dclub] roint ur. -%6 .0. 1hrnce ;vWh 43 to th, vh,ry or I.W. tL�n,.Vr.Sf, p rorrit.!d 11n, 14M fI, -t to ii� Prr,mr.ml-' ;Vlnt '46 - j tl'CHCV NrjrLnLrX of [',r[',r1!nn 1.0 1.' e- at U-1cr unrt!, !.1° 34 , et, or etmilnuIrg- rorty.4jr 16, tn., 0 reef; - 20N re,.t rr.�, uw rort FAst.-rly v,,mvr to A {.}int I n tk%r 1.01 --J A t r r ly lin# o' MW Im, 1.1sthrit Pr r�W JAA 41 . %^,Or-awjd lot, v%e-rtInr t).Pr�rrrav fivil rPr4 Lf L-1. ittrilicA •nr,-nr; •o,ImW V-mtet-)Y OPI llte:-Of 'est; lh••sr, at -s. .. Vll Smut F,-Pll I "I V• of 9-ir, !rn% to Vertit—terly *Jnr of 'r,laxIOL ICA, ?;.fern 0 t Ltx• •to I'- r1-1 1h,r—f an r11, er c-' ge. T, Sr. (*^jmt) • -r or twF-d7 In rard In the orri� or U. -4 s-,dM11Wft%jW .Of Maid r":r < -LL6r I - —?j Zu V�. 5. rx 12". Setif 4 31 a 30, : sib T -r. Re, 1?4: 7 Date' r WAY 26, 1755 463851 OfrCtNAL 0MCT OF Pxc.LrFLAR OT T=9 mw;uv C7:)Lm-ry MINNu— F I L F:-- floe, top Cgrilfr !41;1 tl,* fg:rlslw.d I.Ane !g c rr 4¢1 r e Tltl DATE: '0: FROM. SUBJECT: n LINDQUIST & VENNUM 4200 IDS CENTER 8D SOUTH STH STA EET MINNEAPOLIS, MINNESOTA 65402 MEMORANDUM February 6, 1984 CitY [:r 01 -0f -o-,{ Atm : Paas Robert G. M�Tchnil, jr. Ralph C. Bagley/Bagley Grain Company As you reques od, 4L�nclaseZ- is a certified list of proper` -Y Dwllers within 150' of The Bagley propvrty,. parry rma;., and tailing enJeloves with the label, affixed. ,if you nee6 .any iur-hamr document-ation, please let me know. Thank vcu. RGM:mes Encl. DELIVERED BY MESSENGER 2/6/84 1Aa ITEM BMW BEEN MUA�1lMED P m o rn Q o C N M �p O m � L(l o IJ s I W W LD G 0 n d LD h AOm � A 7 a� � oc� P m h H Q amu= u. a W W X'S W ¢ n U 2' 7 M ¢o In J P u • M Ian s ¢ oen ¢ll j• PI cr Ix Ix � h W U N X t M fl,V tit -1-11 ..... C3. N H- or R 0 2 S S u N 7 f-' O Quer M. Poop[ S � N r m o rn W o C N .rn O m C P h L(l o IJ s I S _ LD G 0 n i~- h AOm M _Ln � 4 L -i a� � oc� W M s h H Q amu= fra W M W W X'S y NrJWln C1 Y' r M ¢o I nLLJ W W M z Ian MI W �' _j 1. SL 1:11:1 -j LW j• w 1 1..1 Ix Ix � a 0 }ytax t M fl,V tit w W V, ..... C3. XY MJ R in ..1 u N 7 f-' O v M. w o -1 . a r. U 1.1H [Y r 'sr b7 L] hwa r w r rr -+ U 0 .O r M .L iC +t u- H m O .L ' W 4 rUL lL 0 m o rn p o C N r O m C P h L(l o IJ s I O O W U W 3- S DOWIn LU.j CTr pY M _Ln � 4 L -i H HULn M � c � ialr � en ru- a p .h% C1 WYAM C o W W w J UHF JJ N Ln L7xj 4 r C1 Y' r 9 G3 n N } Cj M Q ¢ CU1 Ian MI W �' _j 1. SL 1:11:1 IvW o u. I. aWa � P- M W WU L7 M fl,V tit I �T— w-K_ o r 0w� N J J W In N 7 f-' O v w o -1 r. U 1.1H [Y r 'sr b7 L] hwa r r 4 r rr -+ U 0 .O r M .L iC +t u- H m O .L ' W 4 rUL lL 0 G 6. U '� S tT M W IL u •t y_ Wy W Ill = W N C H. ,w ,y UN 41 �l aC7 L: O r 2 O M 1 HN UMl N Cp i L W Y h 1• J '+ LY!Y In Ute. --r7 •+ W ?'- N W w-1 1 N } Y Lrl 3. I W `14 N M Ir, W o WLU- Ln -8 .L CLw=.' L7 •J 1! J m O M U CT t w1%H„ U 1l M in 12 W L M o ca CO M hI LLO P N } Cj M Q ¢ CU1 Mr •T 4 Yip in MI W �' _j 1. SL 1:11:1 tu7 EL M W WU L7 M fl,V tit I �T— N a z J N J J W In N 7 f-' O r. U 1.1H W H W H i.�a7 0. W L `. .._. ....... JJc Jnl C .-, JJi I J J C,: -� 1.717u I Q J- A r iJ N M 0S. N ix a;[_ 41 aC7 L: O r ww W .T N O W uJ _. lJ r o tel S33. �.10a. rciN rA:O+ � N o o 93 o Y W ¢ oatro as wx w It d`atea e� 'n -K N 6` u\ LYCw -V W 0.L IL u, a. S r i d u10. In aO -r AUr L6 va- . . .Yt 0 S In M .Q A L YJ to 0 a to O F o C u N 4 N o wN � o C U O W P u 1n 5- UM I M n uDuCtN c-, -+ rm Su CJ y J N 2: O Ln 1 OrJ 1 KM LJ Ln u u .l -r z .~a i s LK M L) r -jlY t�u.a_ a CD 51:3��H O W w- J L!3 ED ttO rel 3Lau3 M M &a C3n z ca O « Ln M C N J L: Lp o Lu s. aR 0 a p Lpt v s d Le Lei FI yy 77 OU N �: J 4l WLA CNC 4J UN M W W x ,:• M SL_4iJ U U r� r T Q '� I Ln M ii a N w Lf,n N 0 LA N r� 0 W W rs I+- H M U III 4 W T.. w: .Ix WLU Fi 4 �L n W -Lv7 , A} U Q)Q) b �L`0 ol- 1 JJsx ! H>J.!- ' a L LU LU) r') o � -i out Y. m 4 NO Le b'LhJ 0 •7 �: .Ni CadUPi -- ai aYKMIL M M JJ. -.y 190I.7 L' n OQ3M 3 . C'• IL �l L9 V A CD a:c a u u N a J LL v N Y u M C C [1M 1 �T ae� N d JwwJ;l n 7: _1N w LnN= r 1+ 2 1 G= J A U Li 1 W W it T 1 IJ' HM _ ,r ... W W H J L W S N H♦-! QF N Mti L9i Gl 0 u 0 r W W �� ! o W Ju .�+ TJ 73N3 X a' Jn J .-. p vj v r a,..00 -C c lin J.�'1 JAN -a M N ' C r L7 N 0 6ZW 4 O4CC tl'�4G1'S Q Q a W Q L.7 w W d a x u Ir .raw Wa a1C.y.S� a ��w cc� - a U1- LlZ _ Laur o H culw u W to LYI a, YYw =� W F r F O .aS} w p lz! W Fi Q ❑ � �In'c I K LYw , w oQL4 � 9. W } o GAF_ w Jn z `7C Y v W W x LnD. rrti-ww a W W W V) ... v ri 1- UU:-w p IL•' ILJH }CO UR !•• 2 �w CD -. r•L W lr 1� I�• F_ J F w Y F- vl W CL W � ti lil .1 H U L LJ L• It Fir.:oo lid IIFY YIS BEFA �, e EXHIBIT CONSENT OF NEIGHBOR We have reviewed the Barieu variance anr,' �Cd%jon &:gid exhibits and believe the wo k propose-? would be a benefit 4o the Bagley prQparty and to the ne ignbc--hood . r urs hrr . it would not be a du riment. to cur -Mope. ty and we there- fore ask the city councli to approve the requ^,-,ted variances, t * } Dated,: r� � � 984 f FEB - 2 M4 TNIS ITEM IIS actN MICAAFIl11EA pp .0 PWIII' r CONSENT OF NEIGHBOR We have reviewed the Bagley variance application and exhibits and believe the work proposed would be a benefit to the Bagley property and to the neighborhood. Further, it would not be a detriment to our property and we there- fore ask the city council to approve the requested variances. Dated: � - • f , 1984 _4�1ull�li:,' FEB - 21%4 4. U. 1BS IIEM 14t 1EEN MICROFH�tfD CONSENT OF NEIGHBOR We have reviewed the Bagley variance application and exhibits and believe the work proposed would be a benefit to the Bagley property and to the neighborhood. Further, it would not be a detrimient to our property and we there- fore ask she city council to approve the requested �arianeps. Dated: J'x Y�, 1984 t THIS ITIM HAS BEER MICRORLMS CONSENT OF NEIGHBOR we have reviewed the Bagley variance application and exhibits and believe the work proposed would be a benefit to the Bagley property and to the neignborhood. Further, 'it would not be a detriment to our property and we there- fore ask the city council to approve the requested variances. r—� Dated. , 1994 3A['� - 2 X984 j N TIS ITEINxos off., EMBIT ► CITY OF ORONOCALLED•IN DATE TIME INSPECTION NOTICE PERMIT NO. SCHEDULED COMPLETED ADDRESS S L )- -- OWNER CONTR. TELEPHONE NO. ❑ FOOTING ❑ PLUMBING RISITE INSPECTION ❑ FRAMING ❑ INSULATION 0 MECHANICAL ❑ WATER HOOKUP 0 EXCAV.IGRADINGIFILLING ❑ WALLBID. ❑ METER SETrrURN ON ❑ LAKESHOREIWETLANDS ❑ LICENSING 0 FINAL ❑ PROGRESS ❑ SEWER HOOKUP ❑ SEPTIC INSTALL. C COMPLAINT ❑ DEMOL. ❑ SEPTIC MAINT, ❑ FOLLOW-UP ❑ SEPTIC FINAL ❑ FIRE PREY. ❑ WELL TEST PUMP ❑ COMMENTS: j ❑ WORK SATISFACTORY; PROCEED ❑ PHOTO TAKEN ) O CORRECT WORK & PROCEED 0 CORRECT WORK. CALL FOR REINSPECTION BEr ORE COVERING RRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN, STOP ORDER PO5TEC. CALL INSPECTOR. ❑ SPECTION REQUIRED. CALL TO ARRANGL ACCESS. call for the next inspection 24 hours in advance Owner/Contr, on site I pepto% �%3"357. White Copylln5pectof's File! ✓ Gold Copy/She Notice O�Yi1f�➢.vn�.Q:iioSp'iia-: Qm:: 1: _ �. l r5; ... ,..... ._ i5 42 _(y^� I m 1� I1Fl11At SEN Mcm-LIME0 THIS ITEM RAS BEEX MICAOFlIIffB LEO HARD C.LINOOVIST NORMAN L.-NCWHALL LAURCSs 'V, wCKMAN GGRALDC.MAGNVSON COWARD M. GLENNON MCLVIN 1. OREWSTEIN -EUQENE m. KCATING Jj1MC6 P, MA RTINC All RICHARD J. rIT2DCRALD PH; LIP J. DRTHVN MACLAT R. HYOE EO WAwD J. RA-KCR JO H 1`1 A. rORRCST WILLIAM C. COR JCRROL:O r, NERGrALK 'WILLIAM T. DOLAN -WI LOAM C.NORTEN5CH *HN H.ETROT. M AN UAW G. NCWHALL .KURTIA A,GRCCNLCV RD R SRT V. ATMORE HOWARD J. KAurrMAN J OHN. B. WIN LAUPANCC R.WA�TOk:OOCH 'T ROMA$ H. GAP RCTT $Il DARYLC L-4PHOrr W AY !IC A. 5IVCRTGON July 27, 1979 Mr.. Thomas J. Jacobs Building inspector City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Bagley Grain Co. 1105 West Ferndale Road Wayzata, Minnesota 55391 Dear Mr- Jacobs: CITY OF ORONO We represent the Bagley Grain Co. and your stop order posted at the above address on July 20, 1979 has been brought to our attention. Permit me to set forth the facts from the owner's point of view with regard to the property. As you.know, this is quite an old house. The owners going back in time have been the Bagley Grain Co., 1976-1979; Al Wi'lson,.1970-1975; and Bob Carter, 1954-1.970. I am personally familiar .with the property and know of my own knowledge, and -the'.Bagley Grain Co. also knows of its knowledge from its inspec- 3' ..tion of, the premises, that there always was a terrace. around -the west end of this building, see diagram attached. The terrace consists of paving blocks laid on the ground and on the outside '. of the paving blocks, there always has been a foundation of same I " sort. The foundation was the support for a series of benches 'and two storage lockers which faced inward toward the house. The work done recently by the Bagley Grain Co. was repair and replacement where necessary of the already existing founeation and'in exactly the same location. Therefore, there is nothing ''new,here, but rather repair and restoration of what had been there. I.believe that i•: is evident even to a casual observation that the.paving block. .ave been in place for many years and thus it .1. s. clearly demonstrable .that the area of this terrace has not, "been increased. I would not thank that repairing part of a terrace Ll N DO U 1 ST & V E N N U M DAVID J. DAVE" -ORT MARK R. JOHNSON -ktV RICHARD A. PRIMUTi a70C !0!s CENTER 60 SOUTH S7RCCT JCrrn EY R. sc HM IDT ' - KRISTIN[ J. STR ON- - TIMOTHY H. BLITLLR ROlLRT G. HITCMCLL.JR. M INN [APQLI$. MINNESOTA $5402 , J. MI�HACL DAD' J• KEYIN COSTLEY JOHN C. GO CT2 - TELEPHONE (6121 371-3211 PRVCC A. rN STAG - RODERT.I.HARrMAY , JOSEPH G. KOHLER GAl3LC app RETS: LINLAW JAC% A. ARNOLD R lC MA RD D. MTNEIL , WAYZATA OF FILE 740 EAST LAKC 5TRCET WAYZATA. MIN Nr50TA S53TAI o, Co.Ns EL THOMAS VENNVH DEHNlK M. MATHISCN Mr.. Thomas J. Jacobs Building inspector City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Bagley Grain Co. 1105 West Ferndale Road Wayzata, Minnesota 55391 Dear Mr- Jacobs: CITY OF ORONO We represent the Bagley Grain Co. and your stop order posted at the above address on July 20, 1979 has been brought to our attention. Permit me to set forth the facts from the owner's point of view with regard to the property. As you.know, this is quite an old house. The owners going back in time have been the Bagley Grain Co., 1976-1979; Al Wi'lson,.1970-1975; and Bob Carter, 1954-1.970. I am personally familiar .with the property and know of my own knowledge, and -the'.Bagley Grain Co. also knows of its knowledge from its inspec- 3' ..tion of, the premises, that there always was a terrace. around -the west end of this building, see diagram attached. The terrace consists of paving blocks laid on the ground and on the outside '. of the paving blocks, there always has been a foundation of same I " sort. The foundation was the support for a series of benches 'and two storage lockers which faced inward toward the house. The work done recently by the Bagley Grain Co. was repair and replacement where necessary of the already existing founeation and'in exactly the same location. Therefore, there is nothing ''new,here, but rather repair and restoration of what had been there. I.believe that i•: is evident even to a casual observation that the.paving block. .ave been in place for many years and thus it .1. s. clearly demonstrable .that the area of this terrace has not, "been increased. I would not thank that repairing part of a terrace L'EN'DQUIST & V NNLJM Mr. Thomas J. Jacobs July 30, 1979 Page -2- THIS ITEM 'HAS BEEN MIICRiFIIMED should be considered new construction, nor do I believe that such rLpair is prohibited under any Orono ordinances. The foregoing being the facts, the Company would like to know if any variance is necessary for the repair work done to date. Beyond the work done to date, the desire of the Bagley Grain Co. is to keep this property in good condition and to repair it :when necessary as they have done. In particular, the existing nd -patio .is of limited use because of the -mosquitoes in the area a' what they would like to do is screen the patio andpossiblyhave a small greeilhouse on one end. This is the building permit which -the Bagley Grain Co. would like to apply for. In view Of the stop work order you issued. I think we should talk about the general situation before we get into the details of the screen parch greenhouse. Please give me a call so that we might discuss the above at your con7enience. Thank you. Very •truly yours, LINDQUIST & VENNUM )XII Robert G. Mitchell, Jr. RGM.-mes . CC- Bagley Grain Co. � A✓ , S { ;Wrl �rciephnne 473-71.157 To U. JS ' i Q Ju V of 1 G fust Office Box GG -Crystal Any, htinnesota 55323-Municipa! Offices r' On the North Shore of Lake Minnetonka August 10, 1979; Mr. Robert C. Mitchell, Jr. �Uridquist & Vennuim 740::East.Lake Street ' Wayzata, MinVes.ota 55391 w Dear:Bob. I ::accompanied..Tom Jacobs on the site inspection at 1105.:West -Fe rndale_Road. on July 20, 1979. A real estate agent asked that I :ins pect,.'.the-•.site to determine 'if a variance would ..be -required , . to screen, the: terrace area, I was advised:that a foundation existed around -and . under the .terrace area so that a;. proposed: ` r roof._taouXd:not. invowe additional hardcover within "75' :;of the lake': .Upon'"inspecti.ng the premises, I -found the foundation to _~ ..;. consist -.of ,no more than new concrete blocks along the.. edge 'of, th'e -terrace. and no sign of a foundation below the terraced area, - the:.�renter informed us that the excavation work along the.edge of° the --terrace was begun in September of 1978 and the foundation ' 'in blocks block ;;placed May of 1979. -Yes, I agree the terrace haie.'.been .there for years, placed in a manner that allows runoff` rti,'S t6, -filter 'throes h affording the. desired filtration before reaching'-. g g g the lake .4, { 6 h l:i reviewing your client' s proposed plans , a variance application r .:. Would, -'have to be.filed w. i.th. the City to allow the increase in : s hardcover within a setback area (0-75' from Lakeshore) where none 'is -allowed. In xesponse to the work already done on the repair or restoration of. -the old. -foundation, a building Term, ;;,a; required, Any changes ma de".in: -a , structure requires _ building permit according . to the State. Building Code (Uniform Building Code) . Any improvement . .` within .'this ;restricted area requires review under a variance ,.application, M. jilt Nit . - IRE August 10, 1979 Mr. Robert G. Mitchell, Jr. Page 2 ' :Tt"e' do not (have a survey for 1105 West Ferndale Road in our files b survey.will be required if the applicant wishes to proceed. :.,The-�sunrey should include the existing structures, .proposed :structures and the 75' setback line on both the lake and channel `sides. " :I will-wait to-hear from you on this.matter as I am certain " .,,there -, ill�`be `further discussion. Sincerely„ Jeanne A :`Xabusth - Zoning Administrator -JAM: kh u• NIC-RORLE .......... DC�1I LE D EB 4 00 CITY, OF ORONO February 1, .1980 Mr. Toro Jacobs City of Orono P. 0. Box 6b Crystal Bay, 2,7 55323 L R®QS-FRICK, Inc. 3517 Hennepin AVenueMinneauv`.is, MTI 554D8T E.V. FRICK Phone (512) 327.4731 Tom. Here is an idea for the screened natio ares a 11bF,,rmdale. What do you think? Would you issue a building perriit on sucn a s ructure? I'll call you next week. Thanks, Peg gh8,'z TIM ITEM NAS MICRORLMED BEER yin C... VL, G r- �SC_ -�� if /-I'll � His ITEM w BEEN MIICIAFILME0.. I r CITYof ORO NO TNIS ITEM Ng BEEN PERMIT N° 4195 Building Permit NICRORLMED DATE ISSUED '¢' AND APPLICATION FOR CERTIFICATE'OF OCCUPANCY EXPIRES P.O, BOX 66, CRYSTAL BAY, MN 55323 473-7357 ZONING DISTRICT SITE ACDRES5 s L,C— LEGAL DESCRIPTION: PROP. ID. LOT R1 OrK SUBDIVISION FIRE ZONE VAR. DATE —� COND, USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS FRONT R.SIDE REAR L.SIDE LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV. DATE CITY COUNTY STATE PR. EASEMENT REMARKS: OWNER (Name) (Address) (Phone) k C � ��_ �i OS r- P - 7 l ARCHITECT! IN_:R — Must Certify Multi -Family, Commercial $i Industrial Const -=lion Plans. ' ERT,NO. (Firm) (Address) (Phone) BUILDER (Firm) (Address) (Phone) - FR•�� 35-17 _ _F(CN„yF_j2tQ Av-ES 62 -A-731'1 TYPE OF WORK New dditior Remodel Renovate Sc ep_y, CONST. TYPE BLOC, SIZE EST. CONST. VALUAT!ON RESIDE ' AL STORIES B 1 3 PERMIT FEES ' BDRMS.'IFLR BLt7G. PERMIT DWELL, UN11S STATk FEE r PLAN REVIEW GAR. ST-V_LS SEPTIC R ATT, APP- DATE DET- PENALTY DOCK PARK FEE � - NON-RESiD. PROPOSED USE SAC CHAF;GE OCC. CLASS ST0I'31ES COUNCIL —_ APP. DATE TQTAL DUE C� + 00 INSPECTION REQUIRED FOOTING before puu, -- FRAMING rough -in _ INSULATION WALLBOARD Beluee T,Ipinq FINAL he lore oceupn ncy WORK BEYOND OR WITHOUT A RE. Oi,71RED INSPECTION WILL BE SUB. SECT TO PENALTY. INSPECTION HOURS 473.7357 CALLS - 12 AAV(. INSP. 1 • 4 P.M CALL 1- 4 P.M. INSP, NEXT DAY WORK REQUIRING SEPARATE PERMITS r'L'Jh1til ING MECHANICAL ._.._____ ._..... WrL SEWER �_---------_.._. Y:ATEli GFtAC ING & i_ILLING--_..___.. ELECTRICAL from State CDPY: WHITE—FILE GREEN—FINANCE CANARY—INSPECTOR GOLD -RECEIPT PINK—ASSESSOR "I ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAk THE REAL IMPROVEMENTS SPECIFIED, AND DECLARE UNDER PENALTY OF LAZY ACKNOWLEDGEMENT AND ACCEP' ANCE OF ALL 1Nf ORMATION, CONDITIONS AND REOUm MENTS REPRESENTED ON THIS DOCUMENT. THE UNDER SIGNED FURTHER AGREES TO 00 ALL WORKS IN STRICT COA PLIANCE WITH ALL MTY OF ORONO ORDINANCES AND STAT OF MINNESOTA 13UILDING CODE nEO.UIREMENTS. rA ! n I � f ��1” Sipnaturu r lV of Oro& V 7_ _N W J y r �6� J ~dw Cx CC Z- LCO Z ]vI�JpU W W Za wUYWiJa O W.JJQ W N z w w J z WD LU 0 J J w a ci z a 6 U p r ' a77J U 4J U J Y . < ti-+- `¢¢Otpf-z6 o2owdo<a Z z Z w 7 z W m4SxxVU�- 3 7tZi�h3: LaJ J w a w w W w w diiinww{ w I QOOMM0130 U oa 4 0 o.z z cc O O 2 o w9 LU fs w� OayJ=a2Q y � w OWILLZ LL10LL U z a Q O r ❑❑❑❑q❑O❑ IA-L3JVS 0, � � I W J ❑ z j LL J jj zz� I W 4 W z C C c0 10-'z = Z . Q w W J p F { LC J' ~ x 4 v O p w 0 mwU LL In L; ociooElo } O p 2 J uiz o P J P ! µl a J wI 0y rrI I OI a u O 1 I-OOOJ�O v y u 'Y�kaZa aO-Or Ll JVOw0Ndln Zzow, W } Q x x x U U r I �2u+wW^�J w a W W a2 Ciwr ens i ❑c❑❑❑❑❑o L) gg O - O C) I p f O Z I Iz L11 II O O Z 0 17 VO0 in ! �• + E� to z z Z O Cj 117 ii r, `t J 1 00 a lel! C� tl Y j w LU 7J4 _W yy w oa�,dzo�x ~ Z L �¢��0.0W (� U a 3: 7j i Q dh ❑O❑❑,n.❑❑0 UI 'A-L33 VS CNV H17 V3H 7 VNOS Z � J W J Y a ¢ � Vp X 0. M WZ ]_ UN U LU gn O w O = U IM d. z W U z uz¢¢ ujW = LC o z o w LL zJ o°x° a aw.p U aVF p J U W aa¢UWx �+aUw�7 Us[yGLLv'p dsxN�w loozxx F$R:PWz �UUUM- wwwpU xxxadw xaxap� 000�- 78117a3d 3000 Pt% r r LIYr 1 C" Re I T I J J � I ILi d- W C) I 4u �V �JOnw a c S U y I I �olSU Wy-7 I w You. vip I I y�UUVx:- I-� „WTwPU �!!! xsxOn II I I i :1 V i I I I I I i [�n ❑i❑ Wad df)OA YOJ 3&V S1,V3PV3YIr7O3u 30OD Pt% r r LIYr 1 C" Re QED S BEEN Y� lzl� C4 CO. tj, LQ S. -0 E X H I B!'"T MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984 PAGE $_``"`... 83.5 RALPH BAGLEY 5:FERNDALE ROAD WEST `�."VARIANCE Bob Mitchell, Ralph Bagley's attorney, was present. Chairperson Goetten moved, Adams secon%: -d, :tc approve. a variance for Ralph Bagley finding that the property ` is severely limited on the peninsula and the location.... of the house, based on the follow-4.ng conditions 1. Survey to be updated and existing and .:proposed hardcover determined prior -to scheduling... application for Council action. ri 2. Applicant is placed on notice that future.• hardcover variances may not be approved 3. Extend the roof and rebuild according to' the building code,' Vote: Ayes (4), Nays ':PLANNING COMMISSION :REPRESENTATIVE TO ATTEND COUNCIL MEETING Callahan volunteered to attend the March 12, 1984,. #, Council meeting'. ` ' APPROVAL OF MINUTES Adams moved, Rovegno seconded, to approve the Plannxnq Commission minutes of January 16, 1984. Vote: Ayes;'.., b, (4), Nays 4'a^-ADJOURNMENT 11:23 P.M. The Planning Commission adjourned at 11:23 P.M. Y .7 1 y: UK ms IRV MOORE f. J. �T ULNA P Control No. 815 s r•• r.SLal Bay, %linnemoUl"5572•1 %lanicipal lNfierx XXX Variance Tc4ephn55e 47:Y7a.i7 Conditional V: aPermit-- -::Ralph ..:. 8:. ley Subdivision, Preliminary 1105 wu st "• 7ndale Road Wayzata, 55391 Cc: Robert G. Mitchell, Jr. - Lindquist & 'vennum Date of Notice 2/28/84 7740 East Lake St. Comh,IlyyNt{SS39 1 POTICE OF PLANNING A�I Date of Meeting 2121184 mv U14 Votes: 4 For -- Against BEE i Planning Commission recommends the following: t Approval: As submittca .XXX Approval: Subject to conditions noted i Approval: Additional information required before Council meeting Denial: For reasons Noted Tabled: Fending receipt of additional information from applicant.. Tabled- Pending review by others, or further Planning Commission' study Pfo action required i' .'.MOTES AND SPECIAL CONDITIONS _1) submit undated cnirypy cnnfirmi ng setbaniis f0=., ".bay-window addition" and "screened porch area"; 2) surveyor to confirm . ",ekisting.hardcover on property (include screen 'porch and re,-.r addition,. gravel". 6;,load, .walkways;, etc) ; 3) all after-the-fact construction must be authorized. by:.building permit and all construction to be subject to standards of the 'building code. Applicant's next sched>;.Lv:, n •eting is confirmed as: Planning Commission Council Q,. next scheduled meeting is de_endent upon receipt of additional information. Deadline, for the March 3 2, 1!9R4 meeting is March 2, 1984 or March 16, 1984 for the arc' �T meeting. In.-all cases, the application must be continued with the submittal of - zequested information within or the City will consider the application as,formally withdrawn. 2f.....the applicant has trouble obtaining additional information, please contact the Zoning Acrninistrator,. If,youu dezire certifi«.~ capias of the official Planning .Commisrion Minutes -tne,J are a'. '!F.ble frcm.j t"°, r3tli],�I1nj anO Zoning Secretary upon rcvi^'r, and }•_ Une Pa'ant:in-1 Cc�-T�is�.ion. S c City Council Jeanne A. Mabusth, Zoning Administrator March 21, 1984 #815 - Ralph Bagley - 1105 West Ferndale Road - Variance - Resolution - After -the -fact variance application seeking variances setback and hardcover requirements Zoning District - LR -1A Application code sections - 34-771, 34„202 Total Area - 48,700 sq. ft. 0-75' dry buildable - 26,300 sq. ft. h; ..Hardcover a) Allowed hardcover - 0 .:Existing hardcover - 7,186 sq, ft. or 27% (4,400 sq.ft shared drive) Proposed additional hardcover - 424 sq. ft. or 1.6% Total hardcover - 7,610 sq. ft. or 28.6% b)':.Lakeshore setback Main :Lake, Required - ?5' Existing _2 .Proposed - 12' R: Variance - 63' for screened porch �r LagoonArea ..Required - 75' Existing - 72' Proposed 68' Variance 7' for bay window List of Exhibits Exhibit.A - Application with attachments #'s 8, 10, 11, & 5-2 ;i 1984 with attachments ("similar" Exhibit F - Building & Zoning Department correspondence and inspections -.Inspection - July 20, 1979 }:. - Mitchell letter and sketch - July 27, 1Q79 BEEN. -- Exhibit B - Plat Map Exhibit `C - Survey - 1954 .Exhibit D - Mitchell letter - January 31, lot sketch and sur%-eys) .Exhibit E - Neighbor approval statements ;i 1984 with attachments ("similar" Exhibit F - Building & Zoning Department correspondence and inspections -.Inspection - July 20, 1979 }:. - Mitchell letter and sketch - July 27, 1Q79 BEEN. -- 4815 - Ralph Bagley March 21, 1984 .Page 2 - Mabusth letter " August 10, 1979 - Roos -Frick proposal - February 1, 1_980 - Permit 4195 - April 17, 1980 Inspections - January 5, 1984 -- January 6, 1984 -.Exhibit G - Current survey designating hardcover and location of structures and improvements Exhibit.H - Planning Commission minutes - February 21, 1984 :Exhibit I Resolution approving variance The. -applicant is requesting after -the -fact variances to the Lakeshore setback and hardcover requirements in order to expand the dining area and -enclose a terrace. The construction has already taken place, without permits, and a stop -work order is in effect. The update survey (Exhibit G) requested for this review, confirms that '-the entire property is located within 75' of the lakeshore. The hardcover andsetbacks..are confirmed in the revised survey. The existing house has:.been.there for over 30 years. Exhibit F reviews the history of the ;after -the --fact construction dealing with the screened porch. Exhibit D;reviews the applicant's response to the current violations against the property. •Qn'.ie'bruary 21, 1984, Planning Commission approved the proposed additions `to.•the property stating that henceforth, the owner is placed on notice of the hardcover limitations on the property and that the property's developed area.must never exceed the current approved level of hardcover at 7,610 sq. Vr ft, or 28.6% or encroach any further into the 75' lakeshore setback area. .; Staff would also suggest the following findings in approving this application .1. ...'.The 4,400 sq. ft. of hardcover credited against this property is the shared driveway that -serves property to the east. .:.'2. A house has existed on the property for over 30 years. 3. The property is surrounded by water on three sides making it impossible for any improvement to meet the required 75' setback. `4: owner plans to redirect drainage from screened porch roof away from lake into a retention area allowing for ground absorption of aduitional drainage. i+ .T The enclosed resolution has been drafted incorporating the Planning Commission-... recommendations and the findings noted above. p e TVIS 111111 Y U m Z • C p o `b •m �' Y ^Z N i p e Q Z W LO a -� ¢moi ce � a m w ✓l Q Z y, O Z d X 9 m q1 N C O '-' C w Z C �' � Q•p� Q C "a' o L �a vi w Y` � o �n � i� L � � � o e N m p� p�,h� p0 •� � � � m 1 � _U i 4 " � n � � �•ro C of •V � 7 QJ � c4! CD d In ' .. y0 ` ••.. i tA a c o \ J\r:. t. ...k. r. O C W Z L fa � C P \ u s -rA, W Oor- IN 41 411 ({ y 9 fv v .l -i 3) . r t REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 26, 1984_ PAGE 3 #809 JACK HAMLETT 2696.'ETHEL AVENUE ". F.INAL- SUBDIVISION V, '•RESOLUTION #1613 Mr. and Mrs. Jack Hamlett were present concerning their lot line rearrangement. Mayor Butler stated that this is a lot: line -' rearrangement without creating any new buildable-i..' lots. „ Councilmember Hammerel moved, Mayor Bulter seconded, to approve Resolution #1613, A Resolution Approving A Metes and Bounds Division of a Lot Line Rearrangement' For Jack Hamlettr Dorothy Kearns, and Gordon Amundson. ` Motion., Ayes (3), Nays (0) 4815. PH BAGLEY DALE ROAD WEST ,.LEE 'R)50LUTI014 #'1614 Bob Mi.tehell, Bagley's attorney, .was present .Zoning Administrator Mabusth stated that the present-code violations would be corrected at the time the building permit is issued. Mabusth stated that Bagley offered to direct the drainage away from the lake and -into" a. `• retention area. Councilmember Frahm stated that if ' this wasn't''' an after-the-fact application that the City., probably'-4. wouldn't have approved the variance,_ application because of . the hardcover problem. Frahm :stated that: he would like to see a trade -off in hardcover.as 'n-the McDowell application. Frahm noted that there much hardcover on the property already. 14; • Mayor Butler noted that the property -is -very unique. Mayor Butler moved, Councilmember Hammerel seconded; to approve Resolution #1614, A Resolution Grant.ing.A Variance to Municipal Zoning Code Section 134.201 and 34.202 to permit the construction of a scr.eened.porch' 12 feet from the Lakeshore. Motion, Ayes (2), .Nays (1). Councilmember Frahm voted nay. RESOLUTION #1615 :RELFASXNG TAX PORFEIT LOT --FOR`PRtVATE:SALE Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution 41615, A Resolution Approving ` the Release of Tax Forfeit Lard, Tract V, RISS 461 for Private Sale To Adjoining Property 097ner. Motion, Ayes (3), Nays (0). 4- - - 1 Imam W as #91 or Control No. 815 i f }'uxt Office Box [iti•('rystul Hay, i4{irim•adrt:r 65;1'-113Offices Meeting Date 3126/84 ,. 'i'cinphnne47:3.73ri7 No -,ice Date 3/30/84 TO Ralph C.. Bagley XXX Variance ..1105 Wes,.Ferndale Rd. Conditional Use Permit . Wayzata, Mn. 55391 '� cc: Robert Mitchell, Jr. Subdivision, Preliminary 'SII Lindquist 5 Vennum Subdivision, Final. Copies to: 740 E. Lake St. Wayzata, NN.55391 �^ Y;';'c:r:'e;Y:Y:c:r:4�r'c:Y:'r;::Y:'r;; :'c:r;::r:Y 4.e-.'.-� :Y, :; :Y .. ^k' -k = •� • .e :COUNCIL: ACTION Vote: 3 For ` Against Abstention .Myour variance application based on t OTIOYi: to approvehe findings and conditions setforth in the enclosed copy of the resolution. Please make' arrangements to come into the City office to sign the three original' 1 :resolutions at your earliest convenience. F..� - AFADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be. application completed WORK PERMITS ARE REQUIRED - contact Building In befcre beginning work. 'VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year aftc-r approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, j or on deadline date specified above. ,. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval'. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded,.with certification of such recording ret��rrted to tine City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clcrk. Allow at least three weeks from meeting date:.. . City. of.. RUN Q RESOLUTION NO. OF THE CIT HAS 1614 0. DIED GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 34.261 AND 34.262 — FILE 815 Whereas, Ralph C. Bagley is the owner (hereafter "owner") of a property legally described as follows: Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, except that part embraced in Registered Land Survey No. 962, Files of Registrar of Titles. Tracts A and C, Registered Land Survey No. 962, Files of Registrar of Titles, County of Hennepin, (hereafter "the property") , located within the City of Orono (hereafter "City") and Whereas, the owner has applied to the City for a variance to Municipal Zoning Code Section 34.201 to permit the construction of a screened porch (28.7' x 13.41) 12 feet from the lakeshore instead of the required 75 feet and the construction of a bay window (4' x 8') 55 feet from the Lakeshore instead of the required 75 feet and a variance to Municipal Zoning Code Section 34.262 approving the addition of 424 sf or 1.6% of hardcover created by the improvements requested above within the lakeshore protected area where none is -allowed. Minnesota Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. The application was reviewed as Zoning File No. 815. 2. The property is located in the LR -1A Lakeshore Residential Zoning bistrict. 3. On February 21, 1984, the Orono Planning Commission reviewed this after the fact variance application involving improvements made to' the property without the required permits and approval_ by the City, Planning Commission recommended approval of the variances as requested based on the following findings: a) the property is surrounded by water on three sides. b) any improvement made to this property would require setback ?nc 1"a d over variances to muni ci pa_ zor_i 3'1 City of OROl` O RESOLUTION OF THE CITY bC�, NO. 1.614.,. c) a house has existed on property for over 30 years. d) the majority of the hardcover credited against this property at 4,400 sf consists of a shared gravel drive that also serves adjacent house on property to east. e) the owner plans to redirect roof drainage from screened porch located 12' from Lake Minnetonka to retention area that will provide ground absorption rather than permit drainage to run directly into lake. f) the proposed and existing improvements on the property are consistent with the existing improvements on the surrounding neighborhood properties. g) the .owner occupies the residence on the property and no longer rents the. subject structure. h) the Cityhas received written comments from the neighbors all confirming approval of the proposed improvement of the property. 4. The City Council has considered this application including the findings and recommendation of the. Planning Commission, reports by staff, the written comments of the surrounding property owners, the written comments of the owner's attorney and the effect of the improvements on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. City of OR0114 RESOLUTION OF THE CITY CCifelrr° NO. X614 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Zoning Ordinance Sections 34. 201 and 34.202 approving the construction of a screened porch 12 feet from the lakeshore instead of the required 75 feet and a bay window 55 feet from the lakeshore instead of the required 75 feet and a hardcover increase of 424 sf or 1.6% subject to the following conditions: 1. Owner will redirect roof drainage from screened porch away from lake into a retention area to be approved by the City. 2. Owner must obtain a building permit for all new construction based on after the fact fee schedule and all work on improvements covered by that permit must satisfy ail standards of the Uniform Building Code. 3. No other variances are granted or permitted with this application except the ones specified above. 4. All improvements on -this property are limited to 7,610 sf of hardcover (3,210 sf for the house and 4,400 sf for the shared driveway) , owner is hereby placed on notice that the City will not approve future improvements to the property that encroach further into the protected lakeshore setback area. 5. Authorities granted by this variance run with the property not with the owner, 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 (March 26, 1985). 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the Zoning Code, shall aUtomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted. by the Orono City Council on this 26th day of March, 1984. ATTEST: CITY OF ORONO CltY Clerk Mayo r ori � Proper jWC1 r VRalp� el,e�r )y Ma'y lJiiagYeV } (3) Pro perry -Owner (s) MINNESOTA FbOREBA STATE OF3-1'A}�-E}3�Pr ) HENNEP IN )ss - COUNTY ss -COUNTY OF -HE+AW_rp3-*- ) Qn this 3 Li day of t��rar� 1984 before me a Notary Public within and for said County, personally appeared Ralph C. Bagley & Mary ,Tim Bagley, husband & wifer -known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that 4 -re- (they) executed the same as-l_i-s-- (their) free act and deed. ROBERT G MITCHELL. JR. ±i ` NOTARv PUBLIC' MINNESOTA b ' HENNEPIN COUN Y R, My Commission Expires Pet) 6. 1968 c NOTARY PUBLIC MY'COMMISSION EXPIRES STATE OF MINNESOTA ) lilss . COUNTY OF HENNEPIN ) City of ORONO RESOLUTION OF THE CITY NO. 1614 Na4 ilkOki 4. ; On this day of _ 1984, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) desczibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. MY COMM19SION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ , day of , 1984, 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. ,VOTARY PUBLIC MY COmm:SSION EXPIRES —_ "� + F.• > � . y �•f��' � ��'���/ yam' � , p, � � �, �� ` ` ... •.�+:, `� 1 � � ,,,h i a' _ � Dom. � � ��. `- � ',' � � ` Vis` �,1,'-^h� � ` �r ., � f' '� • ,: I � h 1 � � 'h\ ;3b • 5 � % 1 ;1 i '�•�. "'! �[ ~yam. �,•�� •(• } ti. '!k ��� fi /r fes. !/� � •p � \ 1 r �� �i ` / �: ,..,, [_+ ice' � y :} �, `ti i .✓: CONSENT TO ESCROW AGREEMENT 001 L4 and , CProperty-Owners") are the owneri in kee sihiple of all or part of the property more parficularly described in the foregoing Application to Escrow Agreement, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby join in, consent to, and agree to the terms and conditions subject to the foregoing Application to Escrow Agreement. By: STATE OF MINNESOTA b: Jr-_ )ss - COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20, by husband of the Property Owners. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this wife of Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) This instrument was acknowledged before me this [name of officer], the _ [title of officer], of the day of , 20 , by the Property Owners. day of , 2008 by [entity's name], a [entity's designation, e.g. a Minnesota corporation], on behalf of [entity's designation]. Notary PubRECENED -13- DEC 1'7 2008 #3395 CITY OF ORONO Pre -A City of Orono licationMeeting- Form (This form is to be completed by a City Planner during your pre -application meeting.) For Office Use Only: Clty Planner: Meeting Date/Time: PC Date: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: Property identification Number (PIN): Zoning District: Size of Property: DESCRIPTION OF REQUEST: . ❑ Average Setback ❑ Side Yard Setback ❑ Hardcover 0'-75' ❑ Hardcover 75'-250' ❑ Lot Coverage ❑ Lot Area 0 Other: ❑ Rear Yard Setback ❑ Lake/Front Yard Setback ❑ Hardcover 250'-500' ❑ Hardcover 500'-1000' ❑ Lot Width Applicant's / V Initials: HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Owner`sForm, understands it as it has been explained to them, and is aware that it must be Initials: completed and submitted in conjunction with their formal variance application. Applicant's BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: -incurred in review of this application and/or additional staff time not covered in initial application fee, - as well as provide an escrow in the amount of Owner's Initials: $ to guarantee payment of the above. v i nim inr%jmmj%i iurv: *Please note: Your variance application will NOT be accepted without a pre -application meeting during which this form will be completed by City staff. Applicant Signatu Owner Sig natu i%I w.60 "„„\ Date: t71 Date: ides RECEIVED - - DEC 1"1'2008 3 3 9 5 CITY OF ORONO APPLICATION ESCROW AGREEMENT Zoning Application #QOT. AGREEMENT made this day of , 2008, by -and between the CITY OF ORONO, a Minnesota municipal ooraoration ("City") and Recitals plans for _ located at _ the "Subject 2. Applicant requests the City to review said plans which requires City approval including _/R rl zn cg,g 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $ rA with the City. All accrued interest, if any, shall .be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Applicant, reviewing the plans, and preparing agenda packet material for City Council review of application #08- . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature. of the expense for which the reimbursement is being made. If the Escrow amount fails below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: CITY OF ORONO By: 4XI- A Its: Its: �wiu moo,. 10- RECEPiED DEC 1.'-'7 2008 #339 5 CITY OF ORONO Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department L Print Date:42/4/2008 9:11:22 AM Company or Homeowner Name: COLDWELL BANKER ' Contact Person: DEXTER ANDREWS TOTAL COST: $25.00 Contact Address: 1105 FERNDALE DR W ORONO, MN 38 Contact Phone: 612-859-6808 Comments: Buffer Distance: 150ft Mail Label Count: 6 PID LIST: 3B 02-117.23 43 0007, 38 02-117-23 43 0016, 38 02.117-23 43 0019, 38 02-117-23 43 0020, 38 02-117-23 43 0023, 38 02-117.23 43 0026, RECE ' CV DEC 1&7 2008 CITY OF ORONO #33'9'5 HHennepin County Mailing Label Map Provided By: Taxpayer Services Department 02A 17-23-43 ff F. 4 4 For more information contact: Hennep;r. County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co. he.nnepin.mn.us Map Comments: -Type Comments Here - II Is Print Date: 12/4/2008 Map Scale: I" = 84' Buffer Size., ISO feet Map Legend: Water Major Roads Park Minor Roads Parcel rp Buffer Region 44,_. Selected Parcels _7 OEM RECEIVED DEC 2008 CITY OF ORONO 335 RUN DATE: 12/4/2008 HENNEPIN CF 'Y PROPERTY INFORMATION SYSTEM (PROPERTY q RS LIST) PAGE: 1 38 02-117.23 43 0007 ERROLJCHUGG 1080 FERNDALE RD W ERROLJCHUGG 1080 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0020 J G & S M LE13EDOFF 1101 FERNDALE RD W JONATHAN GlSARAH M ? •BpDOFF 1101 FERNDALE RD W WAYZATA MN 5539 38 02-117-23 43 0016 RALPH C BAGLEY 1105 FERNDALE RD W RALPH C BAGLEY 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0023 KATHERINE M FOX TRUSTEE 1095 FERNDALE RD W B C FOX 1095 FERNDALE RD W WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE NNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. DATE. BY: 38 02-117-23 43 0019 RALPH C BAGLEY 38 ADDRESS UNASSIGNED RALPH C BAGLEY 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0026 MARY J BOWMAN TRUSTEE 1165 FERNDALE RD W MARYJBOWMAN 1165 FERNDALE RD W WAYZATA MN 55391 RECD VE0 DEC 0 2008 CITY OF ORONO J�r 335 Christine Mattson From: Chip Truwit [truwit@umn.edu] Sent: Wednesday, November 23, 2011 4:02 PM To: Christine Mattson Cc: Melanie Curtis; Chris Larson; ksawicki@cbburnet.com Subject: Fwd: 1105 Ferndale Road West Attachments: GRAD—PLAN 2-10-09.pdf; RuleBApplicationProcess_001.pdf; MCWD App.pdf Christine, I just learned that Evelyn Turner is no longer with Orono. Can you please read this e-mail and let me know if MCWD just can't find the permit (seems pretty unlikely), but that Orono has it or whether somehow the variance was approved without the MCWD permit (also seems pretty unlikely)? Of course, the important thing is having the permit and the variance, both of which I imagine are needed for a building permit. Per Catherine Bach's suggestion, I now have a letter from the seller authorizing and asking me to help resolve this. As you can imagine, I'm a little anxious about this, but am encouraged that what we all want is the same: a proper resolution that complies with MCWD and Orono's wishes and also enables the owners (sellers and buyers) to move forward. I am going to work with Troy Gamble at Anderson engineering to address the few minor things you and I (and Catherine Bach and 1) have already discussed. I will then work with Steve Christopher and Catherine Bach at MCWD on behalf of the sellers (and myself) to obtain the permit. Jim Wisker suggested this might fall into the category of an exception, instead of a variance, from MCWD, but that he is no longer making those determinations, so he couldn't be sure. If I understand the little I think I am now understanding, the issue may come down to the potential conflict between fixing the driveway which requires the addition of fill to raise the elevation and the inability to remove fill from somewhere else. The Orono variance clearly acknoweldges this issue and that even though not ideal, the answer is to fix the driveway. In the absence of a permit, MCWD has not so clearly acknowledged that, which might give one pause. I haven't quite figured out whether I am proceeding from naive to more naive or naive to more knowledgable. So, have a great Thanksgiving. Perhaps I will have a clearer mind on Friday! Thanks again. Chip Truwit -------- Original Message -------- Subject: 1105 Ferndale Road West Date:Tne, 22 Nov 2011 15:06:40 -0600 From:3ames Wisker <Wisker(&aninnehahacreek.org> Christine Mattson From: Mike Gaffron Sent: Tuesday, November 22, 2011 3:55 PM To: 'James Wisker' Cc: Melanie Curtis; Christine Mattson Subject: RE: 1105 Ferndale Road West James— Evelyn hasn't worked here since the summer of 2010. Please update your email address book. I'm copying this to Melanie and Chris, one of whom should be able to follow up with you regarding 1105 West Ferndale. Mike Michael P. Gaffron Assistant City Administrator /Long Term Strategy City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone: (952) 249-4600 Fax: (952) 249-4616 From: James Wisker[mailto:JWisker@minnehahacreek.org] Sent: Tuesday, November 22, 20113:07 PM To: Evelyn M. Turner Cc: Steve Christopher; truwit@umn.edu; Mike Gaffron; Catherine Bach Subject: 1105 Ferndale Road West Evelyn, I spoke with Chip Truwit this morning about his potential acquisition of 1105 Ferndale Road West and the necessary projects to elevate the homestead and driveway out of the 100 year floodplain. Based on information within our database it appears that no permits have yet been pulled for this work from MCWD. Either Chip or the seller will be working with us on obtaining all necessary approvals in the coming months so the project(s) can be completed Spring of 2012. Speaking with Chip he mentioned that to date he has been working with Christ Mattson at Orono, but I don't have his email, hence your involvement. I just wanted to make sure that Orono and MCWD were in close coordination on this since it sounds like variances have been issued by the City and may be required from MCWD as we move forward. At this juncture I will be stepping out of the loop and turning things over to Steve Christopher, the MCWD Regulatory Program Manager. Please let him know if you have any questions. Thanks for your time. PS: Below is an email chain between previous owners, engineers and the City for your reference. James Wisker MCWD Planner 18202 Minnetonka Blvd. Deephaven, MN, 55391 *Phone: 952-641-4509 Fax: 952-471-0682 www.minnehahacreek.org MINNEHAHA CREEK WATERSKED DISTRICT From: Chip Truwit f mailto:truwit@umn.edu] Sent: Tuesday, November 22, 20112:33 PM To: James Wisker Subject: Fwd: FW: MCWD Submittal items Mr, Wisker, Mr. Wisker, Thanks very much for taking the time to chat this morning. As you pointed out, I am on a steep learning curve. Hopefully, I will be able to corral everyone on my end to get this done properly. I appreciate your offer to help me through this. Chip Truwit -------- Original Message-------- Subject:FW: MCWD Submittal items Date:Mon, 21 Nov 2011 18:06:05 +0000 From:Troy Gamble <TGamble AE-MN.COM> Toaruwita,umn.edu <truwit umn.edu> Chip, Here it is..... Troy J. Gamble, P.E. Anderson Engineering of MN, LLC 13605 - 1st Avenue North Suite 100 Plymouth, MN 55441 Main: (763) 412-4000 Direct: (763) 412-4022 Fax: (763) 412-4090 email: t a�mbleaae-mn.com From: Troy Gamble mailto: amble ae-mn.com] Sent: Tuesday, February 10, 2009 4:25 PM To: 'Andrews, Dexter U Cc: Brent Peters (bpeters(cliefnsurvey.com); autdes@frontiernet.net Subject: MCWD Submittal items Dexter, We've added a few details, notes and signature to the attached .PDF plan. Let me know if you'd like hard copy full-sized sent to you (22" X34" sheets). This plan, along with the EFN survey should be sufficient for application to the Watershed, and for any City review needed. Also attached is the permit application for the watershed district; I've filled out the sections that I could — you'll need to complete. The application fees can be found on the following link: hq://www.minnehahacreek.org/fees.phl) . Please let me know if you need any further assistance with the application, etc. Respectfully, ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE toamble@ae-mn.com 763-412-4000 phone 763-412-4022 direct 763-412-4090 fax 13605 - 1 st Avenue North Suite 100 Plymouth, MN 55441 Web: www.aa-mr.com This email and any tiles transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy, reliability, or completeness of furnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. From: Andrews, Dexter L [mailto:DAndrews QBBURNEf.COM Sent: Tuesday, February 10, 2009 1:30 PM To: Troy Gamble Subject: RE: FW: From Orono Do you see any changes that need to be made to the draft or should this be good? From: Troy Gamble rmailto:tgamble@)ae-mn.com Sent: Friday, February 06, 2009 12:19 PM To: Andrews, Dexter L Cc: autdes(Wrontiernet.net; Brent Peters Subject: FW: FW: From Orono Dexter, Please see Evelyn Turners response below to my inquiry regarding flood proofing. As you can see, there are a several items that would require verifying in order to determine the extent of flood -proofing work needed, or whether it already meets these requirements. Again, the costs to accomplish this would need to be balanced with costs to raise the garage floor. Perhaps Scott could take a look at the property to make these determinations? With that said, we are well into the process of providing a grading and floodplain alteration plan to raise the garage as previously discussed. The attached draft pian illustrates the work needed to satisfy the floodplain mitigation as would be required by the City and Watershed district. The work will result in taking of several trees on the property. The plan /exhibit contains the elements required for permit application to the Minnehaha Watershed District for Rule B: Erosion Control and Rule D: Floodplain Alteration. ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE t amble ae-mn.com 763412-4000 phone 763-4124022 direct 763-4124090 fax 13605 -1st Avenue North Suite 100 Plymouth, MN 55441 Web: www.ae-mn.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy, reliability, or completeness of furnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. -----Original Message— From: Evelyn M. Turner [mailto:ETurne[@ci.orono.mn.usl Sent: Friday, February 06, 2009 11:36 AM To: 'Troy Gamble' Subject: RE: FW: From Orono Troy: Here is the applicable code section: Sec. 78-1121. Standards for flood fringe conditional uses. (1) Alternative elevation methods other than the use of fill maybe utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: a. Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific standards for above -grade, enclosed areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings small be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. You can find the entire code at: htto:/ANww.municode.com/Resourcesinatoway.aso?Did=13094&sid=23 Evelyn Turner -----Original Message ---- From: Troy Gamble (mailto:tgamble - ae-mn.coml Sent: Friday, February 06, 2009 11:24 AM To: Evelyn M. Turner Subject: RE: FW: From Orono Evelyn, Could direct me to the City regulations pertaining to what "floodproofing" would consist of? Is it the same as raising above the 100 -year elevation? Thanks ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE tgamble(&-ae-mn.com 763-412-4000 phone 763-412-4022 direct 763-412-4090 fax 13605 - 1st Avenue North Suite 100 Plymouth, MN 55441 Web: www.ae-mn.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy, reliability, or completeness of furnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. -----Original Message ---- From: Evelyn M. Turner rmailto:ETumer(Dci.orono.mn.usl Sent: Wednesday, February 04, 2009 12:44 PM To: 'Troy Gamble' Subject: RE: FW: From Orono City reqs, which reflect the state regs, which reflect FEMA regs, state: (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of division 4 or 5 of this article for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. So as far as the City is concerned the garage would have to be elevated or floodproofed. Evelyn Turner --Original Message --- From: Troy Gamble fmailto:tgambleftae-mn.coml Sent: Wednesday, February 04, 2009 12:07 PM To: Evelyn M. Turner Cc: DAndrewsOCBBURNET.COM; autdes@frontiernet.net; Brent Peters Subject: FW: FW: From Orono Evelyn, I want to make clear to the owner the options available to them regarding the property at 1105 Ferndale Road. According to the watershed district, if the existing garage is not being reconstructed, it does not have to be raised up (see below). Is that the City's position as well? Thanks, ANDERSON ENGINEERING OF MINNESOTA, LLC Troy J. Gamble, PE t amble ae-mn.com 763-412-4000 phone 763-412-4022 direct 763-412-4090 fax 13605 -1st Avenue North Suite 100 Plymouth, MN 55441 Web: www.ae-mn.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the named addressee, you are notified that any use, dissemination, distribution, copying, or communication of this message is strictly prohibited. Transmitted electronic data is the sole property of Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no guarantee as to the accuracy, reliability, or completeness of furnished data. The user of this data assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to another party unless the user includes with the data a copy of this disclaimer. -----Original Message ----- From: James Wisker mailto:'wisker minnehahacreek.or Sent: Monday, February 02, 2009 9:08 AM To: Troy Gamble Cc: DAndrews CBBURNET.COM; autdes _frontiernet.net; Brent Peters Subject: Re: FW: From Orono Troy, The floodplain rule is pretty clear. Any new structure must have low openings 2 vertical feet above the 100 year. If you are not reconstructing the garage, you do not need to raise it up. If you have any ideas, feel free to give me a call. Thanks > James, > Since this is a home remodel on existing foundation structure, could the > garage be constructed at 931.5, rather than 933.5? The lowest floor will be > maintained above the 933.5; however, elevating the garage to that extent may > create some floodplain mitigation issues - although we have not yet closely > analyzed. > Are there any other options the owner could consider in this situation? > Thanks, > ANDERSON ENGINEERING OF MINNESOTA, LLC > Troy J. Gamble, PE > tgambie@—ae-mn.com ae-mn.com > 763-412-4000 phone > 763-412-4022 direct > 763-412-4090 fax > 13605 -1 st Avenue North > Suite 100 > Plymouth, MN 55441 > Web: www.ae-mn.com > > This email and any files transmitted with it are confidential and intended > solely for the use of the individual or entity to which they are addressed. > If you are not the named addressee, you are notified that any use, > dissemination, distribution, copying, or communication of this message is > strictly prohibited. Transmitted electronic data is the sole property of > Anderson Engineering of Minnesota, LLC. Anderson Engineering provides no > guarantee as to the accuracy, reliability, or completeness of furnished > data. The user of this data assumes all risks associated with its use. By > acceptance of this data, the user agrees not to transmit this data or > provide access to another party unless the user includes with the data a > copy of this disclaimer. > > -----Original Message--- • From: James Wisker mailto:'wisker minnehahacreek.o > Sent: Friday, January 30, 2009 1:58 PM > To: Troy Gamble > Subject: Re: FW: From Orono > > Troy, >OHW=929.4 > 100 Yr Floodplain = 931.5 > > All low openings (windows or doors) of any residential structure or > accessory structure (garage) is required to be a minimum of 2 vertical > feet above the 100 yr floodplain elevation of 931.5. > > Any grading within the 100 year floodplain will require you to > demonstrate no net loss and require a floodplain permit. > If there are no wetlands on the property, you may only need a Rule B: > Erosion Control and Rule C: Floodplain Alteration permit. > Hope that helps. > Thanks >> Good morning James, >> I'm working with a client on a house remodel at Brown's Bay on the >> lake. They are building upon the original foundation and need to raise >> the garage floor above the 100 -year lake elevation. The current garage >> floor is 930.9 (it is attached to the home); the home's living space >> is currently at 937.38; well above the flood elevation. The City (see >> below) indicated that a District Permit may be required for floodplain >> alteration (Rule C). From the survey, it appears as though any >> floodplain impact would be relatively small and could be mitigated >> on-site, for a no net -loss. Could you advise as to the following: >> * lowest allowable garage floor elevation >> * lowest allowable floor elevation (living space) >> * lowest allowable opening (window, etc) >> * all applicable permits to accomplish work described above >> Thanks, >> **ANDERSON ENGINEERING OF MINNESOTA, LLC** >> **Troy J. Gamble, PE** >> _#gamble@ae-mn.com_ >> 7634124000 phone >> 7634124022 direct » >> 7634124090 fax » >> 13605 -1 st Avenue North >> Suite 100 >> Plymouth, MN 55441 » >> Web: www.ae-mn.com <httc:/Avww.ae-mn.com> >> //This email and any files transmitted with it are confidential and >> intended solely for the use of the individual or entity to which they >> are addressed. If you are not the named addressee, you are notified >> that any use, dissemination, distribution, copying, or communication >> of this message is strictly prohibited. Transmitted electronic data is >> the sole property of Anderson Engineering of Minnesota, LLC. Anderson >> Engineering provides no guarantee as to the accuracy, reliability, or >> completeness of furnished data. The user of this data assumes all >> risks associated with its use. By acceptance of this data, the user >> agrees not to transmit this data or provide access to another party >> unless the user includes with the data a copy of this disclaimer.// 77 >> *From:* Evelyn M. Turner mailto:ETurner ci.orono.mn.us >> *Sent:* Thursday, January 29, 2009 4:33 PM >> *To:*'Troy Gamble' >> *Subject:* RE: From Orono Website: >> Tony: » >> With a conditional use permit you could "wet flood proof' an attached >> garage constructed at 931.5 as I think FEMA only requires 6" of >> freeboard. You would have to elevate the living space to 932.5. BUT >> the Minnehaha Creek Watershed District sometimes requires the lowest >> opening no lower than 933. The floodplain rearrangement will require a >> permit from them. You should contact them for more information. » >> Evelyn Turner » >> *From:* Troy Gamble [mailto:toamble@ae-mn coml >> *Sent:* Thursday, January 29, 2009 3:23 PM >> *To:* Evelyn M. Turner >> *Subject:* From Orono Website: >> Hi Evelyn, >> I am working with the property owner's representative at 1105 Ferndale >> Road regarding the horse remodeling on an existing foundation. We have >> been consulted upon to deal with possible floodplain mitigation issues >> on the property, as well as determining the new garage floor elevation. 77 7> Currently, the garage elevation is 930.9; or about 0.6' below the >> City's 100 -yr flood elevation of 931.5. 77 >> The FEMA Flood Insurance Rate Map (FIRM) number referenced in the City >> of Orono Floodplain ordinance shows the 100 -yr elevation at 931. » >> My questions are as follows: >> 1. Can the home's garage lie at the same elevation as the 100 -yr >> flood elevation of 931.5 (i.e., raise the garage floor up about >> 0.6')? >> 2. If not, what is the lowest allowable /garage floor /elevation? >> 3. Is the lowest allowable living space floor elevation equal to 1' » above the flood elevation (932.5)? » >> Thanks in advance for your help in verifying this info.. » >> Respectfully, » >> **ANDERSON ENGINEERING OF MINNESOTA, LLC** >> **Troy J. Gamble, PE** 7> >> _tgamble@ae-mn.com » >> 763-412-4000 phone » >> 763-412-4022 direct >> 763-412-4090 fax >> 13605 - 1 st Avenue North >> Suite 100 >> Plymouth, MN 55441 » >> Web: www.ae-mn.com <http://www.ae-mn.com> >> //This email and any files transmitted with it are confidential and >> intended solely for the use of the individual or entity to which they >> are addressed. If you are not the named addressee, you are notified >> that any use, dissemination, distribution, copying, or communication >> of this message is strictly prohibited. Transmitted electronic data is >> the sole property of Anderson Engineering of Minnesota, LLC. Anderson >> Engineering provides no guarantee as to the accuracy, reliability, or >> completeness of furnished data. The user of this data assumes all >> risks associated with its use. By acceptance of this data, the user >> agrees not to transmit this data or provide access to another party >> unless the user includes with the data a copy of this disclaimer.// > > James Wisker District Technician Permitting Department Ph. 952-471-0590 (206) fx. 952-471-0682 Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 10 Christine Mattson From: Christine Mattson Sent: Wednesday, November 23, 2011 3:39 PM To: 'Chip Truwit' Cc: Sawicki, Kathy M; Chris Larson; Melanie Curtis Subject: RE: 1105 Ferndale Chip, I apologize for not responding earlier. I am researching your question and will hopefully have information for you early next week. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway I Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN j 55323-0066 (mailing address) '8 952.249.4620 A 952.249.4616 cmattson@ci.orono.mn.us www.ci.orono.mn.us Office Hours: Monday - Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Thursday & Friday, November 24 & 25, 2011 (Thanksgiving) From: Chip Truwit mailto:truwit umn.edu Sent: Monday, November 21, 20114:20 PM To: Christine Mattson Cc: Sawicki, Kathy M; Chris Larson Subject: 1105 Ferndale Chris, I was wondering if you could look up the file on 1105 Ferndale Road West once more: I am wondering if the Minnehaha Creek Watershed District approval is in the file? I have not been able to find it. Dexter Andrews, who has been working with the owners (sellers) thinks that you would not have given approval without MCWD approval. That would be great ... but the paperwork I have from Orono does not mention that, as far as I can see. Can you enlighten me? Thanks so much. CT Chip Truwit, MD Professor and Chief, Department of Radiology Hennepin County Medical Center 701 Park Avenue, P4 Minneapolis, MN 55415 612-873-3014 tel 612-904-4567 fax 612-325-5956 cell truwit@umn.edu Skype: truwit The information contained in this message may be confidential and legally protected under applicable law. The message is intended solely for the addressee(s). If you are not the intended recipient, you are hereby notified that any use, forwarding, dissemination, or reproduction of this message is strictly prohibited and may be unlawful. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message. 2