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Home My WebLink AboutRe: hardcover issues � City ,of Orono 2750 Kelley Parkway P.O. Box 66 Crystal8ay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: 11/4/2004 To: Scott Ritter Fax: 612-285-8044 Re: 1420 Shoreline Drive —Variance Language Appeal Sender: Janice Gundlach, City Planner YOU SHOULD RECE/VE 19 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECE/VE ALL THE PAGES, PLEASE CALL 952.249-4627. Attached is the original resolution approved in 1999, which you were referencing. This resolution was never executed and allowed to expire by the previous applicant. This resolution is not the correct resolution to be referencing. Also attached is the resolution that is in effect and approved as a renewal in 2001. This is the resolution that should be referenced. I've also attached the survey that was used to approve the renewal variance in 2001. This survey shows the correct top of bluff location. The surveys submitted for the building permit and land alteration permit show a different, incorrect top of bluff location (even though the same surveyor was used). Unfortunately, this was not caught by staff and the current house was permitted to be constructed right up to the top of bluff rather than at a 10' setback as originally approved. However, this does not change the current issue at hand. All of the hardcover within the 75' lake setback must be removed. When using the correct interpretation of the top of bluff much of this hardcover doesn't even meet the bluff setback variance that was permitted under the 2001 resolution. Even if it did, the approval resolution did not permit landscaping within 75' of the lake or within 10' of the top of bluff. If you still intend to appeal the variance resolution language (although using the correct resolution), you must fill out the application enclosed. Because you are asking for approval of after-the-fact hardcover in a location where it is not permitted you must fill out the hardcover calculation worksheets enclosed to determine what level of hardcover exists and are requesting approval of. This must be done for the 0-75' zone and the 75'-250' zone. If the application for the appeal and all required submittals are not received by Tuesday, November 16th for the November 22"d City Council meeting, the City will seek legal action in order to get the illegally placed hardcover removed. A final Certificate of Occupancy will not be issued until this matter is resolved. Please give me a call at 952-249-4623 if you have further questions. Thank you. � I ' i City _of Orono 2750 Ka//ey Paricway i R.O_ Box BB Crysta/Bay, MN 35323 (952) 249-4600 � Fax: (952) 249-4676 1 FAX TRANSMISSION COVER SHEET i Oats: 71/4/2004 •' Tor Scott Ritter Fax: B'12-283-8044 � Ra: �420 St�orslina �rive —V�rtanae Language App�al i I Senda�: Janice Gundlaot�, City Pl�nn�r YOU SHdCJLO RECE/VE 19 PAGLC(S), /NCLUO/NG TH/S COVER . SHEET. /F YOU 00 NOT RECE/VE ALL THE PAQES, PLEASE CALL 952.240-4627. � A4ta�F�ed t� th• original roaolutlon approvad In 1999, whlcF� you wero rwterenc3np. Thls resolution waa never axs�utsd and sllowad to axpiro by tFfe praviou� applloant. This rasolution Is not tFia correat redolutlon to bo rafarencing. Also attaot�ad ts thm r'e�solutlon tF�wt i� in offmat wnd approvad ae s r�newal In 200'1. T'hia ia tha rosolutton that shoutd be ra?er�ncad. 1'va alao attschad tha survoy tMat waa usgd to approve ths ronewal variancs in 200'1_ TFils I survey showm tFie corract top o4 bluff looatlon. Tha survaya eubmittad for th0 building permlt and land alLmration parmit ahow a dlffaront. Inoorr-act top of bIu1Y lo�atlon (evsn tF�ough ths asme aurveyor wam usadj_ Ur�fortunately, this wae not caupFrt by staff and tF�a current F�oua• • was parmittwd to ba construatsd right up to tF�a top of bluff ratF�ar tMan ai � '10' s�tbacic aa oripinaliy �pprovsd. Howevar, this dows not changa th�� ourront Inauc at t�and. All of tt�a Fiardaovmr wltFiln ttia 75' lake aetbscic must bs romoved. WF�an using !Ms aorrect intarpretstlon of tha top of bluft muaM of tF�is t�ardcovor doasn't evan m��t th� b1u17 s�Ybocic varianos tt�at was pormltted undar the 200� resolution_ Evgn lf it did, tho approval resolut[on dld not parmit landa�apinp within 7b' of ths lalce or wilhln 1 O' oT tF�a top of b1uM_ If you atllt intand to appeal the variancm rm3olution langusge (slthougf-i uaing tlia �orcect ra:olution), you must fili out tt�e application enoloswd. B�cauae you ara aslcing for spproval of � aRar-tF�e-faot F�ardoovar in a lo�atton wtiara it ia not permittad you mua4 RII out the t�ardcovar emlaulatlon woNtaF+ssta enclosad to de'lermina what level of ha�d�ovsr axisto And ars ! requssting approval oi. This must b0 done tor tH� 0-76' zone and tF�a 76'-250' zona. If tF�s spplication 4or tF�s spp�al and all roqulred submittala ara not ro�ivad by TuOadsy, Novombar '16d' fo� !hs Novambar 22^O City Council meating, tha City wlll aaak lagal action in ordar to pet tF�e illapmlly placed Yiardcova�removed. A final Certiflcata of Oacupe�ncy will not bs ' iaausd until thla mattor ts reaolvsd. ' Pl�aee glva me a aall st 952-249�623 If you F�ava furthsr quastiona. Th�nlc you_ I I I - *** 1f1�SS3��f1S aN3S *** aas : aaqwnu qo� No . sn�e�s 6l0 • }uas sa8ed wdqO�Zl YO-noN . ami; pu3 wel5�ll q0-noN . awi� �ae�S 6l0 • sa8ed }uamn�oQ bb085BZZ19 • �l wel5�ll YO-noN . a�e4 lZ6 . aaqwnu qo� ONObO �0 All� � aWeN 919q6qZZ56+ � aui� �al WdbO�Zl q00Z-YO-noN : aw�l puag �aowa�ry — �aodaa uoi ��wai �uo� T ' ♦ � , e . �l . ...._..--- ... . . o� � O O � ��;.-,. � ciTY of oRONo � �, Municipal Offices 1 � ti �,�9 '�`,�G Street Address: Mailing Address: kE8Hp4 2750 Kel�ey Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 November 4, 2004 The Nature Group Scott Ritter 420 North Fifth Street Suite 655 Miruieapolis, MN 55401 RE: 1420 Shoreline Drive—Variance Resolution Language Appeal—Hardcover within the Required 75' Lake Setback Dear Mr. Ritter: As a follow-up to our on-site meeting held Wednesday, November 3`d and subsequent telephone conversations and faxes, attached is the original resolution approved in 1999, which you were referencing. This resolution was never executed and allowed to expire by the previous applicant. This resolution is not the correct resolution to be referencing. Also attached is the resolution that is in effect and approved as a renewal in 2001. This is the resolution that should be referenced. I've also attached the survey that was used to approve the renewal variance in 2001. This survey shows the correct top of bluff location. The surveys submitted for the building permit and land alteration permit show a different, incorrect top of bluff location (even though the same surveyor was used). Unfortunately, this was not caught by staff and the current house was permitted to be constructed right up to the top of bluff rather than at a 10' setback as originally approved. However, this does not change the current issue at hand. All of the hardcover within the 75' lake setback must be removed. When using the correct interpretation of the top of bluff much of this hardcover doesn't even meet the bluff setback variance that was permitted under the 2001 resolution. Even if it did,the approval resolution did not permit landscaping within 75' of the lake or within 10' of the top of bluff. If you still intend to appeal the vaziance resolution language (although using the correct resolution), you must fill out the application enclosed. Because you are asking for approval of after-the-fact hardcover in a location where it is not permitted you must fill out the hardcover calculation worksheets enclosed to determine what level of hardcover exists and are requesting approval o£ This must be done for the 0-75' zone and the 75'- 250' zone. Telephone(952)249-4600 • Fax(952)249-461b www.ci.orono.mn.us , � If the application for the appeal and all required submittals are not received by Tuesday, November 16u' for the November 22"d City Council meeting, the City will seek legal action in order to get the illegally placed hardcover removed. A final Certificate of Occupancy will not be issued until this matter is resolved. If you have further questions I can be reached at 952-249-4623. Thank you for your cooperation. Sincerely, City of Orono ol�u,�.�- (�u�la.c,�. Janice Gundlach City Planner cc: Mike Gaffron, Planning Director Lyle Oman, Building Official Bruce Vang, Building Inspector S David Feldshon MD Archelle Georgiou MD 1420 Shoreline Drive Wayzata, MN 55391 Keith Waters & Associates 6216 Baker Road Suite 110 Eden Prairie, MN 55346 enclosures: original 1999 variance resolution, renewal variance resolution approved in 2001, site plan approved in conjunction with the variance, appeal application inaterials . , °aa�. _ � �r'. � ' '': . �;:`. - - F.. �'S �5 � r�Sb/ufi'� Or�ulcc�>y ��:. i, �,PP�v�d �,�t� �q 9q. 8��,vs� a �v�'/d�'n,� Pu�rruf �Naon '� Q,pp1i�� F�'' w�u^ l �� -h�'s rrs o�v-�i'�/Y� �r�d. G�.d wao n uie.�' .�C�c'•�`t�. l�1' ' ,�;, A RESOLUTION GRANTING V 4RYANCES ;;; � TO MUNICIPAL ZOi�1ING CODE ; SEC'TIOY 10.56, SUBDIVISION 16 (C) (2), SECTION 10?2, :�;. SUBDIVISION 1(B) �ND TO DENY VARI?►NCES TO SECTION 10A9, ..;� SUBDIVISION 9 (A); SECTI�N 10.22, S�JBDIVISION� ', , �. 1 (A) A1�iD 1 (B); AND SECTION 10.56, SUBDIVYSIOri 16 (L) (i) �;; AND TO PER102IT SA.NITARY SIE;WER COI�iNECTION TO V:�� THE PROPERTY FILE NO. #2516 � , ; � CY M1 _: WHEREAS, David Sill and Amanda Sill (hereinafter "the applicants") are �':,k�, owners of the property located at 1420 Shoreline Drive �vithin the City of Orono (hc.:�•ein.,�ec �� `: "the City") and legally described as follows: �' '"y'�"� �;y'; Lot 2 Block 1, Dragonfly �Hill, Hennepin County, Mi��esota (hereinafter ,��' , �. "�roperty"); and ��`'+�: WI�REAS, after due published notice and mailed notice in accordance with � �;''- ,,^ Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning .: t5r, a; Commission held a public hearing on September 20, 1999, at which times all persons W�'- � desiring to be heard concerning this application were given the opportunity to speak thereon; . ,,, � and ,; WHER�AS, the applicants have applied to the City for vaciances to Municipal �l � to ermit construction of a new residence "Loning Code Sectior, 10.56, Subdivision 16 (C) (..) p on the lot encroaching 20' into the top of bluff setback, Section 10.22, 5ubdivision 1 (B) to permit the garage and residence to encroach into the average lakeshore setback; Section 10.03, Subdi•�ision 9 (A) to permit an accessory structure to remain on the lot wzthout principal structure, Section 10.22, Subdivision 1 (A) to permit a gaa'age to rema.in within 75' of the lakeshore, Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (L) (1) to permit _ 1,236 s.f. (4.01%) hardcover to permit the e�cisting garage and driveway to rema.in in the 0-75' } lakeshore setback, where no hardcover is allowed; and WgIEREAS, the applicants have requested connection of sanitary sewer to the � property for a lot not within the MUSA boundary; and .� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, �;�: .,, �,,. Minnesota: � r �� . Page 1 of 5 �` ,��,; � ��,=:r _. ' � . i � - - � ; s �'II�DL�iG� 1. This application was reviewed as Zoning File #2516. 2. The property is located in the LR-lA One Family Lakeshore Residentia! Zoning , District. ; 3. The Orono Planning Commission reviewed this appiication on September 20, 1999 and recommended approval on a vote of 4 to 2 for a variance for bluff setback and to deny variances ba;ed upon the f�llowing findings: A. A previous residence was located on the property until 1997 following voluntary removal by the property owner. B. The property is narrow w�th a limited building pad. The proposed hause location best utilizes the e�isting building pad and area of disturbed soil. C. A house located behind the bluff setback would encroach into the required 50' reaz yazd setback from County Road 15. D. Existing soils and extreme slopes will not support two drainfield sites on the property. Property o«ners have req�sested the City of Orono approve extending sanitary sewer t� the site. E. A gazage is loca.ted ti�ithui 7�' of the la;�;eshore. The building was required to be removed following removal of the principal �tructure. The Planning Cammis�ion has recommended the g3rage be relocated behind the 75' lakeshore setback. F. The garage and residence are proposed to be located on the lot well screened by topography and natural vegetation not impacting lake views for the marina or other re�idential properties. 4. The City Council finds the property is not within the MUSA, however it is located immediately adjacent to sewered property within the MLJSA. The Comprehensive Plan recognizes Lake Minnetonka lal:eshore properties as a priority for providing sewer service. The proposed Comprehensive Plan indicates � Page 2 of 5 ��" ;�, :z ;.�: . � , � 1 the subject lot is scheduled to be in the L'rban Service Area followu:g adoption. Provision of sanitary sewer requires the City provide one sewer unit to the lot located outside or the MUSA. 5. Following adoption of the Comprehensive Plan the sewer unit will not be required ta provide servic� to the lot. 6. The lot is 2.0 acres in size and is located in the LR-lA zoning �istrict requiring 2 acres per building iot. Subdivision would not be allowed on this property unless the lot �:..�uld be rezoned. The Comprehensive Ptan has guided the lot for two acre density. 7. Due to slope and disturbed soils the lot can not demonstrate n�o suitable drainfield sites. 8. The City Council finds that the conditions existing on this properiy are peculiar to it arid do not apply gen�rally to other property in this zoning district; that granting the variances would not adversely affect traff'ic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the a�plicants, but is necessary to alleviate a demonstrable hardship or difficulry; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the �spirit and intent of the Zoning Code and Comprehensive Plan of the Ciry. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicanu and the effect of the proposed variance on the health, safety ancl welfare of the community. � Page 3 of 5 :< �� _,; i � F:; �,: ,; 5 i'. a 1« CONCY.LISIONS, O1tDER �P1D CO1�iDI'I'IO1�tS ; �; Based upon one or more of the above findings, the Orono City Council hereby ;; gra;lts variances to Municipai Zoning Code Section 10.56, Subdivision 16 (C) (2) to permit constrsction of a new residence on the lot encroaching 20' into the top of bluff s�tback, Section `�� 10.22, Subdivision 1 (B) to permit the gazage �nd residence to encroach into the average lakeshore setback; and denies variances to Section 10.09, Subdivision 9 (A) to pernnit an accessory structure to remain on tt�e lot without principal structure, Section 10.22, Subdivision '.� 1 (A) to permit a garage to remain within 75' of t.he lakeshore, Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision I6 (L) (1) to p�rmit 1,236 s.f. (4.01%) hardcover to permit ��; the existing garage and driveway to remain in the 0-'75' lakeshore setback, where no hardcover is allowed based on the following conditions: °� .,. 1. A compliant sewage dis�osal syster:: i, Iocated on the property or property is . ,;;�: allowed to connect to sanitary sewer prior to building permit being issued for ';`'- �;i.. principal residence. ��: 2. Garage is removed or placed behind the 75' lakeshore setback. '' �: 3. Sanitary sewer plans are reviewed and approved by the City Engineer and ��- ;�:. Director of Public Services prior to building permit. 4 4. Authorities granted by this variance run with the property not with the - k� applicants, but aze permissive only and must be exercised by application for a building pemut within one yeaz of the date of CoL:ncil approval, or this va;iance �: will expire on that date (September 27, 2000). - 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � �;� Fage 4 of 5 � �';F� �,... P. ,�y':' �:�'': r - , . • . Xd��. v 3. The undersigned applicants have read, u,zaerstood and hereby agree to the terms of this resolution �nd on behal� of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. hdopted by the City Council of the City af Orono, Minnesota at a regulaz meetin� held on the 27th day of Septemher, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINN�SOTA ) ) ss. �OUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day af September, i999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Pu�lic Page 5 of 5 � s �S �- �'cn�a� r�c.sol�h an Gv rrv'h`J y. � �� —' u� e�� an �- P'��'� �'Pn {� . , /r� o�\\\\ V!'u� D f 200/. '�5 lJ 3 V�6 � � , J � ciT� o� oRo�o , a � � � / � � RESOLUTION OF TNE CITY COUNCIL \�� G~;%� . ��9k �4°�'%' N O. � ;�i exti ESH ri - ��i �! 1�SCLUTIOrJ G�i'+1TING VARI-A� TO A�IUNICIPAL ZONING CODE SECTION 10.55, S�JBDIVISIOl°�1 16 (C) (2), SECTI�N i�.22, SUBDIVISION 1(B) FYLE NO. #01-267�1 . '4VH�REAS. L�ennis Killian and Diane ICiilian (hereinafter "the applicants"; are a��ne;r� of fhe property located at 1420 Shoreline Drive within the rity o.f Orona (hereir�after "the City") and ie�ally desc�ibed as fc�llows: Lat 2, Block i, Dra�onf!}� Hill, Hennepin County, Mir.nesota (hereinafter "property"); �nd ��JI-i��EAS, after due published notice and mailed notice in accordance with I��.Cin:-!esota Stattites and the City of Orono Zoning and Planning Cocles, the Orono Planning Curui��issi��z l�eld a public hearing on May 21, 200i at �vhich times all persons desii�ng to be heard concernin� this application were given the opportunity to speak thereon; and �VI�EIZLA.S, the applicants ilave applied to the City for rene�val of a variance �o Mun;cipal "LotZi�Zg Code Section 10.56, Su�division 16 (C) (2) to permit construction of a ne�v residence un the lot encr�aching 20' into the top of bluff setback; and NOW, �'I��ItEI'�Y2E, BE IT RESOLVEI) by the City Cotmcil of Orono, i�1i;u:esota: FiNDINGS ' 1. lhis application �vas reviewed as Zonin� File #01-2674. 2. Appiication rene�vs the variance as approved by the Council on September 27, 1999, Zoning Application #2516. ;. The property is located in the LR-lA One Family Lakeshore Residential Zoning District. 4. The Orono Planning Commission reviewed this application on May 21, 2001 and recommended approval �n a vote of 4 to 0 to renew va:iances for bluff setback based upon the following findings: � Page 1 of 5 ��_"._-=— �� \� � � ` /� O e ' �ITY of OR41�TU a �I � ' � ,� G'��/,� RESOLUTION OF THE CITY COUNCIL �`��9,�r�E Kp4��'i;�� . NO. � � �; �� _�� A. A. previous residence was located on the property until 1997 follo�vin; voluntary rzmoval by �he property o�vner. B. Tt�e pzopert}� is na..�-row with a limited buildin� pad. The proposed house location best utilizes the existing building pad and area of disturbed soil. ' C. A house located behind the bluff setback would encroach into the requircd 50' rear yard setback from County Road 15. 5. �he Cit.� Cot�ncil finds that tl:e conc�itions existina on this property are peculiar t� it and do not apply generally to other property in this zoni.ng district; that granting th.e variances �vuuld not adversely affect traftic condition�, light, air nor pose a fire hazard or other, danger to r�eighboring property; �vould not merely ' s.rve as a cor�venience to the applicants, but is necessary to alleviate a demonstraUle lzardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code ai.�� Comprehensive Plan of the City. 6. The City Council has considered this application including the findinjs and recon:mendations of the Planning Comniission, reports by City staff, comments by the applicants and the efiect of the proposed variance on the health, safety and �velfare of the communitv. 7. The City Council of Orono finds this pronerty can reach its development potenti�l for hardcover in the 75-250' lakeshore setback, and a11_ow for an u��eiu•��e h�ii:�i:g wr�a, ;.i�;cf:,re j;?'�}?e1�y ow•iiers shal: Ue a.u'r'i�C� tlze City Council of Orono will not loolc favorably on requests to develop the property beyond allowed hardcover. 8. The City Gouncil finds that the findin�s and conditions of Resolution No. 4353 are still valid. CflNCILUSIONS, OP.DER AN� CONDITIONS Basec� upon one or more of t�e above findings, the Orono City Council hereby grar�ts variances to Municipai ?oning Code Section 10.56, Subdivision 16 (C) (2j to permit Page2of5 y ' ' .ij��\ .�i o j: \�: ��/� �\\�� \\ . 6. - � CITY of OROl�T� a �,�1 � � � ,� G'�/� RESOLUTION OF THE CITY COUfVCIL \`��9kESH��`�'i;�� NO. -.�. t� � �� const� new residence on the lot encroachin; 20' into the top of bluff setback subject to the following conditions: 1. Garaje is reinoved or placed benind the 75' lakeshore setback. 2. Sanitary sewer plans are revie�ved and approved by the City Engineer and Director of Pttbl�c Services pri�r t�� build•,r.� pe.•n�it. 3. Authorities grar�ted by this vari�lnce nin �vith the property not �vith the applicants, but are permissive orxly and must be exercised by application for a building pern7it within one year of the date of Council approval, or this variance will expire on that date (May 29, 2002). 4. Violation of or non-compliance tivith any of the terms and conditions of this variance shall constittrte a violation of the zoning code, shall automatically termi.iate , any authority granted herein, and shall be punishable as a misdemeanor. 5. Th� undersigned applicants have read, understood and hereby agree to the terms of this resolution and on beliaif of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 ' - - /� 'j.�=i`'\ � // � ��\ � � 1 ' CIZ``i' Of ORUl\TO " � ` �l I , '� ,ti�,/�� ,� G /; RESOLUTION OF THE CITY COUNCIL \ ��kES8�4�i,�� NO. � � � �� pted by the City Council of the City of Orono, Minnesota at a re�ular rzzeetiiig,held on the 29th day of May, 2001. ;�-� : .:�.; AT",�',EST�'° " � �7,�+�a: � ,,:' , a y, ; �� r: *r. + f r j . ,:.t:�`;��u�.r=.s--='�_ a' •,;. . ' `Lii;lcia'S:;;�iee;-.City Clerk ,> Barbara A. Peterson, Mayor �,�•� � / - r "�'� �,/�'�• , /�j!,/' ! , . r �� (. •�� ,'�) � !� � �� /j�r y� � //�' � =i , r,_ J.�. ��' ,. - .f` �' �a -�:u� �.-d".'L..Lt.-r�... Property Owner (s) ' `` STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ack.nowledged before me on tliis 29th day of May, 2001 by Barbara A. Peterson and Linda S. Vee, Nlayor anci City Clerk of the City of Orono, a Miruiesota municipal corporation a:icl said instniment was executed on behalf of the City. 5 ,.: r �r�^+�-r��;-;-�.�-r YY.�� . � . �'. J' ' . � r� _ ... , , . � , ,c::; � ..�� -� -�i-j .. .�Z - �� :-y.:, Mw^Y h�e`�.:�,��,4JO7Y ` Notary Puhtic ' '-+== N07ARY PU3tIC-i�;:�dPdESOTA �;� MyCommission Ezpi�ca.an.31,2005 .erc, y:'a.�'_.�..:-..e, �'� Cl��`��4J �OUiV?'?.t.�F't��r"�a?flVl(;F,w �� j -.�.'.� ur.rvn�tr�n, �age 4 of 5 � �� r.,OcPLTY � , . �:�'��'� `�� 'gV '�' � � � 6: - � CIT�' of OROl�I'O � �; ��\'' �'�j� RESOLUTION OF THE CITY COUNCIL , \�� /,/ ' `�k '�g o�4`'-;' rvo. � � � ��i STA\�`��.��NESOTA ) ) ss. COUNTY OF HENNEPIN ) On th.is � �- ° day of �c� , 20 ' t , be.fore me a Not�u•y Publi.c within and for said County, personally appeared i..•'�� ;;�;; � ,�;; r?:=y , �- ;.•,, ---�- --�--`'; � l�nc��r-r� te rne ta be �he p�rso7(s; ��- described in and who e�ecuted the foregoing instniment, and acl:now�ledged that he (they) e�ecuted the same as his (their) freP act and deed. <<t .�'`..,:. MAP.Y AIVN JON�SON � ' '� �� + ,�- ' '� � .: ,y� NOTARY PUBUC-MINNESOTA � J ;,{: ' i' ', ��,�� : ' ' �� ( ' My CommL4slon Expires Jan.31,2b05 l �� ''' Notary Public� � _ ,:'-._.. �._.�_-_ ._ SZ'ATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this day of , 20 , before me a Notary Public �vithin 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) e�ecuted the same as his (their) free act and deed. Not�;r r ublic Page 5 of 5 . . VI • Lv I , L.� .��" _. . . , � HENNEPIN COUNTY, MINNESOTA - . 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Application# Date Received Amount Paid CiTY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address � Type of Application to be Filed Property Identification Number (P.I.D.) � APPLICANT Narne Phone (home) Phone(work) Address City Zip OWNER (if different than applicant) . Name Phone (home) Phone (work) Address City Zip Date Property Acquired (monthlyear) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $600.00 Residential A�cessory Use $600.00 Institutional (church, school, etc.) � � $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration + Permit Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPL1CATlONS � $600.00 Commercial Site Plan Review (+ consultant fees) $600.00 Vacation $600.00 Easement Vacation $100.00 Easement Vacation With Subdivision $600.00 Rezoning (PUD - refer to fee schedule) $600.00 Comprehensive Plan Amendment �— $100.00 Appeals . Other- see Fee Schedule 5 � REQ IRED SUBMITTALS ' " �. Completed Application Form. 2. _�Describe request in detail. 3. „��Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6tn Street, Minneapolis, telephone 612-348-5910). � 4. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. Attach legal description to application if not included on required survey. 6. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7• List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). $. Construction plan, if applicable (see staff for requirements). 9. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 10� � (�tv i5C,G4 }��!��.G��12..,d- (.�GI GtJ l 0�"►��'rl� -ft�' �{�l..�... 0=l� �' 7 5-25 0 7.�-r'1� YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building 8�Zoning Office of this change prior to the meeting. 6 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Address City State Zip Phone I understand my rights as stated above. Signature 7 t Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and �(d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the individual income tax or propertv tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within whiEh to comply with the request, excluding Saturdays, Sundays and legal holidays. 8 Subd. 4. Procedure when data is not accurate or complete. An individuai may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients � of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be . disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the adrninistrative procedure act relating to contested cases. HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75 0% 75-250' 25% 250-500' 30% 500-1000' 35% Hardcover includes: - Roofs - Sidewalks - Paved or gravel driveways - Patios & decks (includes slatted decks) - Tops of retaining walls & rock walls - Decorative landscape areas underlain by plastic sheeting or fabric -Any other surface that does not allow direct absorption of rainfall into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zane (0-75', 75-250', etc.) the calcu(ation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after" worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! � 9 � . " , � HARDCOVER CALCULATION WORKSHEET ' ' SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' S00-1000' EXISTING HARDCOVER IN ZONE A. House x = S.F. Length Width x = S.F. X = S.F. � X = S.F. B. Garage x = S.F. C. Driveway x = S.F. X = S.F. D. Sidewalk x = S.F. X = S.F. E. Patio/Deck x = S.F. X = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = S.F. TOTAL HARDCOVER IN ZONE - S.F. A TOTAL PROPERTY AREA IN ZONE - S.F. B q = B x 100 = % PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length Width x = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. X = S.F. D. Sidewalk x = S.F. X = S.F. E. Patio/Deck x = S.F. X = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = S.F. TOTAL HARDCOVER IN ZONE - S.F. A TOTAL PROPERTY AREA IN ZONE - S.F. B q = B x 100 = % 10 . • L1L.f��rwcrawxa. � 5.�74tLb+E t, =�ti�'� SP_M..pLE HARDCOVr.R. CPT,CULATIONS �r z�v.4z4.y' � � � � (Note: Lise a survey for a base rcia� � � . ' �5 . . _ 1,0� . Area of 0-75 ' zone: 75 ' x 110 ' = 8,250 s.f . " � � Area of• 75-250 ' zone: .. ,� ,o — ,, � ,��, (112 ' + 152 ' ) X Z00 ' p--�� 2 t�,� � = 13 ,200 s .= , / O .� Zr,O � . � ,� 4 Q � ♦ L� A • = o L, _,. � : . = • ,�Z !r Z' ? � . t_ � � .3 � : � O , _ �x� ��. I � _, i � Y �'' �� • � . Ro,4D � suxc+�c cucc.iTtu�+oz�� a�ur�cuaut[a�wa� . . ur�.ez z-r.a� fciiat ue 6-TS' 75-�0' LS-S]0' `r],r^ I�Oq• ' stn+c mwti lcuac e.a) 6-75' 75-25C• 2:0-.CO• :W-lOCC• E�isrtw.e dancavta u L- [ Esiirt.c Oasxa�c� ��2e.�t � �- �/'�� .. n�s�D = O'2 . l SO :.,. 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