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HomeMy WebLinkAboutRe: illegal deck CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: April 12, 2006 TO: Michael & Donna Ebertz COPIES: 1220 Tonkawa Rd Long Lake,MN 55356 TYPE OF REQUEST: Appeal of Staff Decision/Illegal Deck DATE OF MEETING: April 10,2006 VOTE: 4 FOR 0 AGAINST The Orono City Council reviewed the property owners' request for an appeal of the staff decision to deny an after-the-fact building permit for a newly constructed deck at 1220 Tonkawa Road. The Council voted on a motion to allow the property owners the opportunity to apply for after-the-fact variances and after-the-fact building permit in order to allow continued use of the illegal deck. Subsequently, on April 11 following the Council decision Mike Gaffron, Planning Director, received a voicemail message from Donna Ebertz stating that their intent was now to remove the illegal deck. The voicemail message was followed up by City Planner Melanie Curtis that same day with a message to the property owners providing a deadline of April 19`h for removal of the illegal deck or submittal of an after-the-fact variance application. The property owner was notified that the after-the-fact variance application must be received by noon,on April 19th or the illegal deck must be removed from the property by that same date to avoid further enforcement action by the City. 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 Melanie Curtis, City Planner, at 952.249.4627. ;��•.pr.rw' a' -..c H d 'i �..fir, `r. �,k �.,h -{ ►! � *mak � � y At tw 011 IAZ t it y.©, Fn d �-dr „ - V � Nr tZM 7 •s — 1y;�i s Y' ^s 3 t } T t,:i :a• I� I t C -Do 8► O" (Open) 14'-0"(Open) m DECK 0 0 I� o 4 h; 14'-0" (Open) � o =O DECK I I t I I Ali r i I t i 8'-0".(Open) . * 326 i � •MIIP CM NIC IIP MP A14 WALL /1 II 6 937 _ Q� • •,Un 11.0 N 5a .429.4 TOUR UNE ..I 7s, ...STBACK ocal . BLACKTOP DRIVEWAY al' Cil / tiny O y r� •••929.4 CONTOUR Lw— O O' I I M I N N E T O 1 d %l -XV'i L?I BAY } L l � c HEN EPIN COUk w . Ia e G r,.;2 . o TF.�_ o \ } (931,1) 22"1�a ••....,RIP RAP AND RP �AP ./RETAINING WAIL OAK } \ \0,33.6 \ (931.3) 241144" \ i BLAKCK (9OA 3 \ 1 (938.6) , .....929.4 CONTOUR LIE `. .. DECK ^ 34 Q DAK wb RO&WOOD i ti WHITE OAK s pV-0 BORDER 1p r i A. 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REQUEST FOR COUNCIL ACTION Date: April 5, 2006 r� Item No. ' / Department Approval: Administrator Approval: Agenda Section: Name:Melanie Curtis Title: City Planner Item Description: Appeal Staff Decision to Deny After-the-Fact Building Permit for Illegal Deck Michael & Donna Ebertz— 1220 Tonkawa Road Zoning District: LR— 1 B, One Family Lakeshore Residential, 1 Acre List of Exhibits: Exhibit A - Property Survey dated 10-27-04 Exhibit B - Property Owners submitted letters, building permit application and plans Exhibit C - Letters from Staff to the Property Owners P Exhibit D - Photos of the Existing&New Deck Exhibit E - Site Plan based on the Property Owners' submitted information (prepared by Staff) Exhibit F - Property Owners Appeal Request Exhibit G- Resolution No. 5325 Application Summary: i'Y: In February 2006, the property owners, Michael and Donna Ebertz, were notified that the lakeside deck on their property which was recently rebuilt was done so without proper City approvals. The Ebertzs were told in a letter dated February 9, 2006 that they were required to apply for an after-the- j fact building permit for their new deck. On February 24, the City received an after-the-fact building permit application, however there were no plans attached to the application. The Ebertzs were contacted and notified that plans were also required to be submitted in order for our review to continue. The submitted plans were reviewed and on March 8, staff sent a letter notifying the Ebertzs that after staff review their after-the-fact building permit had been denied (see letter dated March 8, attached as Exhibit C) and the lakeside deck was to be removed no later than April 10th. On March 17, the Ebertzs requested an appeal of the staff decision to deny their after-the-fact building permit application. Staff Recommendation Thero ert owners recently constructed a new deck on their lakeshore. According to the submitted p P Y P approximately plans the deck was constructed a roximatel 10' further from the lake than the existing, the configuration of the deck (see Exhibit E) and method of construction have also changed. A building permit is always required for repair or new construction work to any structure or building within the City. Additionally, in this particular situation a hardcover variance review is also required as the property exceeds the allowed level of hardcover in both the 0-75' and the 75'-250' zones. As to the property owners statement within their appeal request regarding their ignorance of Orono's City Codes staff feels that it is inaccurate... The Council may recall the previous application involving the property owners regarding lakeside retaining walls, land alterations and hardcover variances. In i October 2004 the property owners were involved in the land use application review process as a result of conducting land alterations, hardcover installation and retaining wall construction without permits. Ultimately the property owners received an after-the-fact conditional use permit and after-the-fact hardcover variances in order to complete the grading and retaining wall work in accordance with the City Engineer's ineer's recommendations and in conjunction with 800 s.f. of hardcover removals within the 0- 75' zone. We find it surprising that the Ebertzs claim to be unaware of the need for permits. COUNCIL ACTION REQUESTED II Council should deny the appeal and allow continued enforcement of City code including deck removal, or direct staff to allow the property owners to apply for an after-the-fact variance and continue along that path. Should the Council findings remain consistent with those of staff lease provide the property owner g p and staff with a deadline for removal. 2Q ­9t� `"'93) (931.1) OAK /\ ;9 \ RETAINING yyA RIP RAP (931.3) 000 24"x24" BLACK (93 \ _ OAK 9 _ (936.6) F" 6� (935.5) 5 , 929.4 CONTOUR LINE" \ y' DECK � WHTF__ y �i \ 07CK /BLACK �y OAK �y q4. \ k' ROCK \ G 9� FALL .''DTA 4'k6 \NG \ �O� WOOD 2.6 WOOD EX�S � ORDER OD R 14"x20" )ER STEP DECK WHITE OAK #122 )CK BORDER 9,5'y, � 45 JK' �• � of .� i �G• r G� "DECK \ 75' SETBACK DECK RIVEWAY LINE s\4 / FtP DECK / (931.0) �1 SHED o � 8 "'•••929.4 CONTOUR LANE• .z` CERTIFICATE OF SURVEY FOR ---�1Ab?aIm2��7,D- N89'22'10" E MICHAEL 8c DONNA EBE TZ IN LOT 9, AUD. SUB. NO. 217 R HENNEPIN COUNTY, MINNESOTA N� t ✓ 00. N� 00 r u / LAT •.�RAP AND RIP RAP ,•RETANNO WALL 0 TO66 N5 •� uw ,..929.4 CONTOUR LINE �122a Rr« ..w..• �R RolEa .k'9 Aix f� oca xeR BLACKTOP DRIVEWAY 75' SETBACK ^ LINE ($3t* y a 0 �� / "•429.4 coNwIR LINE-".. Q Z G� S LAKE 0 �d MINNETONKA MAXWELL BAY LEGAL DESCRIPtiON OF PREMISES That part 0f Lqt 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line porallel with and 125 feet southeasterly at right anggles from a line described as follows: Beginning at a point on the easterly line of County Rood No. 135 distaht 1141.25,feet southeasterly alond said basterI line from its intersection with the North Ins of Lot 10, said Auditor's Subdivision; then@e northeasterly 143. feet to a point distant 1004.29 feet sout� atright an 'a from the North line of said Lot 10; thence continuing north– easterly on the extension of the lost-described line of the shore of Maxwell'a Day, and there tet inoting. o : denotes Iran morker found (908.3): denotes existing spot elevation, mean sea level doutm —-917— : denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of two existing buildings, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. REVISIONSDESINED 1 MiRERY'CERTIFY TNAT TMS PLAµSPECIFICA REPdIT P R 0 LJ E C 7 A 9Y S .WAS PREPARED 9Y ME OR uaxrr Nr DaECT su�P'RvaR7N Aro a-1. D GR Ny,B� E R D N D TNAT I AN A DULY UCFNSED PRDFESSgNAL ENWYER AND A S{r Y AT E ',N C TRlO•vALL IE.M OIRIE A AOR•)won DRAWN LAND"vrroR UNRR TIE LAWS Or TIE BTATE M W.A. 1"!0' 04:.405 CIVII EnglMsrs,Lend 1myors, and Pknws M5 K'Willow Drive,Ln Lake M14 50358 bATE •J W LICENSE NUMBEA 0 052-475 4141. Total Fee: $ Date Received: c�- Entered By: Permit#: CITY OF ORONO - BUILDING PERMIT APPLICATION All information must be submitted in full before plan review will be started. (please print all information) THE APPLICANT IS: (circle one) ER R CONTRACTOR JOB SITE ADDRESS: l a'ao 1&tat cc wa k --cm0 ZIP: 6C55'6 55'6 Will this be a P ade of Homes,Remodelers Showcase Home or other Display Home? ❑Yes SO If yes, a special event permit is required with Police Department and City Council approval 60 days prior to the event. Shuttle bats service will be required unless applicant demonstrates sufficient on-site parking is available. Non permitted events will not be allowed. NAME OF OWNER: A(�adz PHONE: (home)(Se- y-41_ Ya MAILING ADDRESS: CITY: d-7%C ZIP: S ,� CONTRACTOR: VJ, IW Q/1 �'1 PHONE: 6 Y6 d � CONTACT PERSON: "i.—IL 0( Ion MOBILE/PAGER: MAILING ADDRESS: CITY: ZIP: STATE LICENSE: # EXPIRATION DATE: ARCHITECT/ENGINEER: KV GLS PHONE: MAILING ADDRESS: CITY: ZIP: NAME: REGISTRATION: # TYPE OF WORK: New Home Addition Accessory Structure Move Home Remodel/Alteration (ie: Sidin , Windows) 'V 1"Lv PROPOSED WORK(describe in detail). &I hrdl" oe o dwt STORIE SQ.FEET OF EACH FLOOR: NO. OF BEDROOMS: GARAGE STALLS: ATTACHED DETACHED_ ESTIMATED CONSTRUCTION VALUATION(excluding land): $��07 I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code;that I understand this is not a permit and work is not to start without a permit;and that the work will be in accordance with the approved plan. APPLICANT'S SIGNATU DATE: 31 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subd.1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd.2. Information required to be given individual.An individual asked to supply private or confidential data concerning himself shall be informed of: (a)the purpose and intended use of the requested data within the collecting state agency,political subdivision,or statewide system;(b) whether he may refuse or is legally required to supply the requested data;(c)any known consequence arising from his supplying or refusing to supply private or confidential data;and(d)the identity of other persons or entities authorized by state or federal law to receive the data.This requirement shall not apply when an individual is asked to supply investigative data,pursuant to section 13.82,subdivision 5,to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or orooerty tax refund instructions instead of on those forms. Subd.3.Access to data by individual.Upon request to a responsible authority,an individual shall be informed whether he is the subject of stored data on individuals,and whether it is classified as public,private or confidential. Upon his further request,an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and,if he desires,shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning,the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created.The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making,certifying,and compiling the copies. The responsible authority shall comply immediately,if possible,with any request made pursuant to this subdivision,or within five days of the date of the request,excluding Saturdays,Sundays and legal holidays,if immediate compliance is not possible.If he cannot comply with the request within that time,he shall so inform the individual,and may have an additional five days within which to comply with the request,excluding Saturdays, Sundays and legal holidays. Subd.4. Procedure when data is not accurate or complete.An individual may contest the accuracy or completeness of public or private data concerning himself.To exercise this right,an individual shall notify in writing the responsible authority describing the nature of the disagreement.The responsible authority shall within 30 days either: (a)correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data,including recipients named by the individual;or(b)notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 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(available upon request)to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Addre City State Zip Phone I understand my ri h as state bo e. Signature 32 i R E __ Michael and Donna Ebert.Z 1220 Tonkawa Road Orono,MN 33336 (932)471-3427 March 2, 2006 Via Hand-Delivery Melanie Curtis City Planner City of Orono 2750 Kelley Parkway Orono, MN 5356 RE: Ebertz Permit Application Supplement Lakeshore Deck Restoration Project Dear Melanie: Thank you for allowing us to supplement our permit application. Enclosed are three pages of drawings that illustrate the restoration we did on our lakeshore deck. Should you have any questions, or need any additional information, please do not hesitate to contact us at the above telephone number. Much Thanks, Michael and Donna Ebertz r a �J W-0" (Open) 14'O" (Open) a� a� DECK 0 0 0 0 14,_0„ (Open) � o O DECK o CD i 8'0" (Open) z 1 4,kc.5 ho d�lct rt6ltaKa*A The Home Depot#2812 13100 VALLEY VIEW RD, EDEN PRAIRIE, MN 55344 (952) 949-0982 Tue Oct 04 14:04:57 2005 The materials for this project will cost$1593.32 LAKED CK 160195 Deck Dimensions for Deck 1 14 ' i _ o i � � I Deck 1 4 ' 10' 14 ' isCpauing = 16 in. o.c. 1131100 i3i100 V'A.,LvEVI,EW �RD , EDEN PRAIRIE, MN 55344 (952•)949=0982 Tue Oct 04 14:04:57 2005 The materials for this project will cost $1593.32 LAKE DECK 160195 Deck Dimensions for Deck 2 81 i i i N N II i i V Deck 2 Jc>.ist spacing = 16 ipov olps g+ _..g 1 0 O CITY of ORONO NO Municipal Offices i% Street Address: Mailing Address: 9� p4' 2150 Kelley Parkway P.O. Box 66 �'ESx—� Orono, MN 55356 Crystal Bay, MN 55323.0066 February 9, 2006 Michael & Donna Ebertz 1220 Tonkawa Rd Long Lake, MN 55356 RE: Deck at 1220 Tonkawa Rd This letter is regarding the lakeside deck which was rebuilt during the fall of 2005 on your property at 1220 Tonkawa Road. This new deck was constructed without proper City permits or authorization from the City (City Codes 78-45 & 78-1133 attached). Please apply for an after-the-fact building permit prior to March 1, 2006 in order to avoid legal action by the City. Your cooperation in this matter is appreciated. Please contact me or Lyle Oman at 952.249.4600 with questions. Sincerely, City of Orono WWU&0�1 Melanie Curtis City Planner encl c: Lyle Oman, City of Orono, Building Official Telephone(952)249-4600 a Fax(952)249-4616 www.ci.orono.mn.us Sec. 78-45. Building permit. It is unlawful for any person to erect or structurally alter a structure until a building permit shall have been issued indicating that the existing or proposed structure and the use of the land comply with this chapter and all building codes. All applications for building permits pertaining to erection or major alterations which will affect the outside dimensions of a structure shall be accompanied by three copies of a site plan. If the site consists of land not a part of a subdivision or land composed of partial lots,the site plan shall be attached to a survey by a registered land surveyor showing the actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary,the required off-street parking plan, and such other information as may be necessary to provide for the enforcement of these regulations. Site plans submitted for all uses except one-and two- family dwellings shall contain lighting and landscape plans, and all site improvements are to be bonded at the rate of 1 1/2 times their estimated cost. (Code 1984, § 10.07(6)) Sec. 78-1133. Permit requirements. (a) Permit required. A permit issued by the planning director in conformity with the provisions of this article shall be secured prior to the erection, addition, modification,rehabilitation(including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land;prior to the construction of a dam, fence, or on-site septic system;prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire,tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. %,O O ( CITY of ORONO Municipal Offices �1 Street Address: Mailing Address: �k pg 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 8, 2006 Michael & Donna Ebertz 1220 Tonkawa Rd Long Lake, MN 55356 RE: Building Permit Review The City is in receipt of your request for an after-the-fact building permit received on February 24, 2006 and considered to be complete on March 3, 2006. After our review of the submitted information we have determined that the lakeside deck was completely rebuilt in a new location and with a different configuration. The new deck is in violation of city codes and must be removed. This is your official notification that your request for an after-the-fact building permit has been denied. The deck is considered illegal and must be removed within 30 days to avoid legal action by the City. Your property will be reinspected on or about April 10`" to verify compliance with this notice. Your cooperation in this matter is appreciated. Please contact me should you have questions. Sincerely, City of Orono P&A .&&- Melanie Curtis City Planner c: Lyle Oman, Building Official Matt K. Brokl, Esq., City Attorney Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us 0 0 CITY of ORONO Municipal Offices Street Address: Mailing Address: 1Y p j 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 March 21 2006 I i Michael & Donna Ebertz 1220 Tonkawa Rd Long Lake, MN 55356 RE: APPEAL The City is in receipt of your request for an appeal of staff interpretation and denial of your after-the-fact building permit. Your appeal request will be placed on the City Council agenda for Monday, April loth, this meeting will begin at 7 pm. You will receive an agenda and staff report prior to the meeting, also please be sure that you or your representative will be in attendance. Please contact me at 952.249.4627 should you have questions. Sincerely, City of Orono Melanie Curtis City Planner c: Matt K. Brokl, Esq., City Attorney Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us �� �' T 4 .��� .._' • �j� In`E'a� � ,� '` F;! ° � �� 31,115,70aw, Yv. AMA WI htt AvIN ci w C3'1 'F2'�k• � '�''..:1 '.oK"�.A Y Y %�.' fir. - r... - ,�� y `'�' ,r � Y�� �'�,,,.,-� as•,i is - - - .,. _gym • r® � ��Sti. 7 A�. •.*t. • t 0 N HENNEPIN COUN 3 X-1. 2 -TF1 A \ l9�°el 3� a�(�139 3) 11 (931.1) 2� 22„ h \ •••..,RIP RAP AND NG WALLP RAP \ \ 'RETAIN OAK \ (931.3) 437- 241144" BLACK C (93 \ (936.6) (9356) ^ to ,..••929.4 CONTOUR LIME \ 5 DECK 5 WHITFi \ �A / 07Ck OAKCK \ YALL i kG \ �Ovs� 110�RODEll 14"x2O" STEP Z a DECK (TYP) WHITE OAK �Z O BORDER DECK75' • •SETBACK LINE IVEWAY / G�PJE� PECK i / I i i (931.0) , FROM :EBERTZ FAX NO. :9524710182 Mar. 17 2006 10:00AM P2 Michael and Doran BbentZ 1220 Tonk 4 Toad Orono,AIN 55356 (952)471-.3427 March 17, 2006 Via Facsimile: (952) 2494616 Melanie Curtis City Planner City of Orono 2750 Kelley Parkway Orono, MN 5356 RE: Ebertz Permit Application Lakeshore Deck Restoration Project Dear Melanie: We respectfully request an opportunity to appeal the determination made by the City regarding our Lakeshore deck. We are very regretful that we did not apply for a permit prior to beginning work on our deck, as required under City Code. Had we been aware of this requirement, we certainly would have compiled. Nevertheless, we request that the City reconsider its position regarding complete removal of the deck by April 1&. We made every effort not to alter the location or size of the deck In any way, and it is our position that any change was unintended and negligible. We would appreciate an opportunity to clarify this with you. Also, we are concerned by the City's request that we remove the entire deck since that would include the removal of substantial pre-existing hardcover that has been a part of our property since purchasing it six years ago. We appreciate your contemplation of our request for an appeal, and thank you for your time and reconsideration. Should you have any questions, or need any additional information, please do not hesitate to contact us at the above telephone number. Much Thanks, 60,, Michael and Donna Ebertz ® o CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 4kES0 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. 04-3060 WHEREAS, Michael J. Ebertz and Donna R. Ebertz, husband and wife (hereinafter "the applicants") are the owners of the property located at 1220 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point on the easterly line of County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from its intersection with the North line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing northeasterly on the extension of the last- described line to the shore of Maxwell's Bay, and there terminating, Hennepin County, Minnesota (hereinafter the "property'); and WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Section 78- 1288 and Section 78-1286 to allow retaining walls within 75' of the OHWL of Lake Minnetonka requiring hardcover variances for the 0-75' zone and a conditional use permit to allow grading within 75' of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File ;404-3060. The property is located in the LR-1B, One Family Lakeshore Residential District. �-hich requires a minimum lot area of 1.0 acres. The applicants' property is 1.07 acres in total area. CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 0 4� NO. S2 kESI3 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of hardcover variances and a conditional use permit based on the following findings: a. The square footage of the new retaining wall within the 0-75' zone is 134 s.f. b. The applicants have agreed to remove a gravel path to the lake consisting of 800 s.f. of nonconfonning hardcover within the 0-75' zone. c. The retaining walls within the 0-75' zone will assist in reducing erosion of the property's lake yard slope. d. The total reduction in hardcover for the 0-75' zone as a result of this approval is 666 s.f. for a total 0-75' zone hardcover level of 2,781 s.f. or 8.3%. e. The 0-75' retaining walls should be shielded from views from the lake by vegetative screening. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit 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 and conditional use permit 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 applicants, but is necessary to alleviate a demonstrable hardship 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 and Comprehensive Plan of the City. Pa-e ? of 6 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SI;0 NO. c CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants hardcover variances and conditional use permit to Orono Municipal Zoning Code Section 78-1288 and Section 78-1286 to allow grading and retaining walls within 75' of the OHWL of Lake Minnetonka and a hardcover variance for the 0-75' zone to allow retaining walls, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,781 s.f. or 8.3%. The applicants are advised that this non-conforming hardcover is counted towards the 75 -250' zone hardcover allowance when determining allowable amount per zone. Hardcover in the 75'-250' zone shall be limited to 4,137 s.f. or 30.9% per the proposed plan and hardcover allowance summary as depicted on Exhibits A and B. Applicants are 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be completed prior to issuance of a building permit for the retaining walls and no later than July 31, 2005. 5. The applicants must obtain a building permit for construction of the retaining walls. 6. The retaining walls Nvithin the 0-75' setback zone shall be shielded when viewed from the lake b}� vegetative screening, Authorities granted by this resolution run with the property not with the applicants. but are permissive only and must be exercised by obtaining a building ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL L`4kESI;� NO. permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (May 23, 2006). s. 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. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 the 23`d day of May, 2005, ATTEST: Linda S, Vee, City Clerk Barbara A. Peterson, Mayor 'Property Owner �' ® O CITY of ORONO ti G~ RESOLUTION OF THE CITY COUNCIL ���kESI30 NO. g STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of May, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i Notary Public RACHEL DODGE NOTARY PUBLIC-MINNESOTA rj My Commission Expires Jan.31,2010 ` STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this .- 'day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public RACHEL DODGE " NOTARY PUBLIC-MINNESOTA rrr: My Commission Expires Jan.31,2010 Pale 5 of 6 ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL SI;0 NO. a kE STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this l It day of.-a " ��-. ,-- <, � , 2005 by Michael J. Ebertz, husband of Donna R. Ebertz. .Y RACHEL DODGE Notary Public .. NOTARY PUBLIC-MINNESOTA y My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowled;ed before me this ,T4 day of .' -L: 2005 by Donna R. Ebertz, wife of Michael J. Ebertz. DENISE M. LESKINEN NOTARY PUBLIC-MINNESOTA Notary Public „ My Commission Expires Jan.31,2010 6325 �C IT as 1�6 t$ 939k- RP RAP woo RP RAPFATAMC WALL 01 c� . 937 NW N 6a,5 o n nI a 829.4 NTOUR LM 935 w,v 4- 5 o0 , 6 955 ••a® �tiT1O eoxiMa sw e!+ 4 xa 75' ...E+ITEBACK BLACKTOP DRIVEWAY �R• sm / •••929.4 CONTOUR UNE— , 0 Z / OR LAKE �0 � q 1 INNE OT MAXWELL BA-271 1 I ,P Y I 2 I p V N V ! ! 9 . C @ ri L i ; 2 I • Iii vr,,� iro c > iI�J •.k „; r �� t ! S li w S > �Io '3• � / _� ..� � �.L- •P. \\moi ( �r ryr' ! �"'`�6 1 �I:• r �I. � o '+, '.� �!�• n •+fir �'�y"G �,y',�n.../• ., �"I! . t.�'•..�,. �•s R u e j q ° o o n ° o P '.4:,Y' ��.M/"• I...+y..�' •v\\4n •-i1 f!,,.•p�� r• h In a \, ' r'..• .g r --\ s I„!✓...` �..` \, n \_ -�1 - Ja:r i :sr }�'—!����� r t_ I r:•�;��l'ir .rte"', \-'*r� X y \ E" b e r ` Z O:icoer 25.200- h P Yl (' Q. 0 HENNEPIN COUN i F O 3 i. Sip+ �o ob 9 \ l9�oel Kti X40 `_"9 3) /`C �]JJ (931.1) JJ 5 fir$2 �� / \ P RAP RETAINING WAI_L OAK \ \\ \ \(933.6 (931.3) \ BLACK K4 (93 (936.6) a (935.5)'��'0 , - ........929.4 CONTOUR LINE \ �. t h6 DECK WHIT� OAKCK ALL G ��� I I O WOOD tK*a (TYP)R WHITEOOAK DECK D: 00 1Z2 BORDER �G DECK7 5' • •SETBACK C LINE Q���E IVEWAY / / E�- DECK i i / o i / (931.0) �, �oCity of Orono 2750 Kelley Parkway P.O. Box 66 �. Crystal Bay, MN 55323 Y c+ (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: 20 March 2006 To: Matt Brokl Fax: 651-452-5550 Re: 1220 Tonkawa Rd — Illegal Deck Sender: Melanie Curtis, City Planner YOU SHOULD RECEIVE_t PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952.249.4627. Matt I received this letter from the property owners with the illegal deck replacement we've been discussing. Please let me know how you would recommend I respond to this... or if I should simply acknowledge it and then place their appeal on the Council agenda for Monday...(if so we should still discuss). Please contact me at 952.249.4627 if you have any questions. Thanks! FROM :EBERTZ FAX NO. :9524710182 Mar. 17 2006 10:00AM P1 1220 Tonkam Road Orono,MN 55355 Phone:952-471-3427/510-529-7278 Fax:952.471-0192 Fm TO: Melanie Curtis From MichaeM Dome Ebertz Pans 962-2494616 Onus March 17,2006 -^ Phones 952-2484600 Pries.- 2 Res Lakeshore Deck CC: O Urgent 0 For Revlsw ❑ Please Comment ❑ Please Reply ❑Please Reaycls *Comments: Please we attached. Thank you, Michael and Donna Ehertz Confirmation Report — Memory Send Time Mar-20-2006 10:01am Tel line +9522494616 Name CITY OF ORONO Job number 539 Date Mar-20 110:01am To 6514525550 Document pages 002 Start time Mar-20 10:01am End time Mar-20 10:01am Pages sent 002 Status OK Job number 539 *** SEND SUCCESSFUL *** .CIO City of Orono Q 2750 Ka//ay Porkway, P.O. Box 66 Cryst®/Bay, MN 53323 (952) 249-4600 d� Fax: (952) 249-4896 F^X TF;t^NSMISSION COVER SHEET Oats: 20 March 2006 To: Matt Brokl Fax: 551-452-5550 Re: 1220 Tonkawn Rd — Illegal Deck Ssrvd®r: Melanie Curtis, City Planner YOU SHOULD RECE/VE PAOE(S), /NCLUO/NG TH/S COVER SHEET /F YOU 00 NOT RECE/VE ALL THE PAGES, PLEASE CALL 852.249.4627_ Matt 1 received this letter from the property owners with the illegal deck replacement we've been discussing. PI®ase let me know how you would recommend 1 respond to this_.. or if I should simply acknowledge It and then place their appeal on the Council agenda for Monday...(if so we should stili discuss). Please contact me at 952.249.4627 if you have any questions. Thanksl