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06-17-1985 Planning Packet
PLANNING COMMISSION MEETING MONDAY, JUNE 17, 1985 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS i COUNCIL REPRESENTATIVE - Jim Grabek ATTENDANCE ACTION ITEMS Randy Asplund, 3424-3444 Referral From Council After the Fact Variance/Ccnditional Use Permit - Public Hearin9 1.#876 2.#915 3.#917 4.#925 5.#926 6.#927 7.#928 8.#929 9.#930 10.#931 11.#932 12.#933 Amended Variance Application Public Hearing Conditional Use Permit - Public Hearing Public Hearing Conditional Use Permit - Public Hearing Conditional Use Permit - Public Hearing Public Hearing J.F. Fleischhacker, 2775 Shadywood Road - Conditional Use Permit - Public Hearing Ward E. Edwards, 2474 Carman Street - Variance Public Hearing Ned Butterfield, 3745 Watertown Road - Conditional Use Permit - Public Hearing ADDITIONAL ITEMS 13. Planning Commission approval of May 20, 1985 minutes. 14. Planning Commission to select representative to attend the July 8, 1985 Council meeting. ADJOURNMENT TO:Planning Commission FROM:Michael P. Gaffron, Assistant Zoning Administrator DATE:June 14, 1985 SUBJECT: #876 Asplund Custom Homes, 3424-3444 Eastlake Street Revised Variance Request NOTE: Council their May 28, 1986, meeting acted to order that the concrete patios be removed at the above addresses. Council agreed to allowing a 6* fence along the side and rear yard lot line but not 8' high as requested, and not exte^-i^ng into the lakeshore yard area . Council also directed that the applicant's proposal for a "deck platform" and screen porch be referred back to Planning Commission for review and recommendation. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Survey with sketches by staff Hardcover Calculations Deck Platform Diagram Council Minutes 5-28-85 3424 Eastlake Street The applicant was ordered to remove the concrete patio by June 15. He has stated that the patio will be removed once the other issues on this property are resolved. Item 1. Applicant requests to keep the portion of patio that acts as a sidewalk between the access door and the patio doors. This portion of patio extends 18" into the 75' setback area in a triangular proportion, comprising approximately 6-10 square feet. The patio is divided into rectangular concrete sections so that removal of the corner of one section would leave a jagged edge. Item 2. Applicant requests that you consider allowing a screen porch (2nd floor) at the southwest corner of the house. The actual dimensions have not been made clear, but I suspect a 10' x 10' or 12' x 12' is proposed. Please refer to the hardcover numbers submitted by the applicant, and the actual layout on the survey. Staff has calculated the lot area within the lot and behind the 75’ setback at 11,270 square feet, which would allow 2,818 square feet of hardcover. The driveway that has been installed, including the back up pad, plus the concrete patios and sidewalks installed, place the existing hardcover at 3,501 square feet or 31 percent. For the record, based on the house size of 2,.033 square feet, the applicant could have installed a driveway and front- walk and stoop totaling 785 square feet. The driveway was not shown on the original plans, and the applicant installed it without being aware of the hardcover limitations. He wishes to add a screen porch, in effect increasing hardcover even more, and would prefer not to trade off any hardcover. A 12 ' x 12 ' deck would increase hardcover to about 32 percent. #876 Randy Asplund Page 2 June 14, 1985 Since we have not issued a certificate of occupancy yet, pending resolution of the patio issue, technically we could have the applicant remove the excess hardcover that exists now. On the other side of the coin, remember the way these lots were created, this one at 0.41 acre in a 2 acre zone, with an outlot to be shared by the three property owners for access and for graywater treatment. The applicant requests that you grant him area credit for the portion of outlot within 250' of the lake and within his extended property line. This additional area is approximately 4,200 square feet of which approximately 1,250 square feet is paved. If you credit this area to the applicant, his total 75- 250* hardcover is 4,751 square feet/15,470 or 30.7 percent. Item 3. Since this application was originated, applicant has installed rock beds underlain by plastic, which we consider as hardcover. None of the above calculations has taken this hardcover into account. I would er.timate this hardcover at 1,500-2,000 square feet. My recommendation is that either the plastic be removed and replaced with a permeable liner material, or that 10-15 1/4" holes be placed per square foot in all the plastic areas. Summary Applicant' s existing hardcover 75-250' is 31 percent not including the plastic under the rock beds or the patio in the 0-75 ' area. He requests to keep a small portion of the patio which will account for about 5-10 square feet in the 0-75 ' zone. He wants to install a screen porch which will increase his hardcover to about 32 percent. He wants to keep all the existing pavement and feels none of it can be traded of I, even though he is already exceeding the hardcover allowed for this new construction. The credit for the extra 75-250' area in the outlot does not significantly decreas his hardcover percentages. Staff Recommendation A. Perforate or replace all the plastic beds; B. Any screen porch allowed should be traded off with hardcover on the lake side of the house in the 75-250* zone. C. The driveway turnaround apron is not a necessity and we still have the authority to order it removed if you desire to hold the line at 25 percent hardcover. Your options 1. OR 2. OR 3. 1. Give applicant what he requests with no tradeoffs. all excessive hardcover. 3. Some compromise in between. t. #876 Randy Asplund Page 3 June 14, 1985 3444 Eastlake Street Applicant has been ordered to remove the concrete patio by the end of July, allowing time to resolve the patio issue. Applicant wishes to install, in the same location as the existing concrete patio, a floating deck. His proposal is to create a movable deck platform which would sit directly on the surface with no footings, which would be permeable, and which could, if necessary, be underlain by a sand bed so that all water falling on the deck would be absorbed under the deck. Staff would request your recommendation on these questions: 1. Would this type of deck be considered as a structure? 2.Would the fact that this is to be located in the 0-75’ setback be a problem, in that it has the appearance of structure and could be underlain with something impermeable with little trouble? Remember that the recent cases where the council has allowed decks as non-hardcover have been such that: A. The deck is attached to the house? D. The deck is a permanent structure which can't be readily moved; C. The decks approved were within a foot of the surface and enclosed with side panels so that no plastic can be easily placed under them in the future; and D.In only one case has a deck such as this been allowed to encroach on the 0-75' setback and this was for an existing house, not new construction. The Council has stated that they would need to see a hardship to allow a detached deck such as that proposed. Staff would recommend that a flat, low level permanent attached deck be constructed that will minimize the encroachment into the 75' zone and which will meet the non-hardcover deck standards which have been approved in previous applications. Note that no hardcover calculations have been submitted for this property, but a cursory review indicates it is around the 25 percent limit. 1 CITY OF ORONO > m VARIANCE APPLICATION Application Fee $100.00 After-the-Fact Fee $200.00 PROPERTY LOCATION Site Addres^ Property Identification Number (P.I.D.) Please check one — Is the property y abstract or torrens? 7^ Please attach*legal description to application if not included on required survey. APPLICANT Name Phone Mailing Address ^/QS^/ ^ OWNER Name Phone Mailing Address Date Property Acquired ^ ^(month/year) I (dof (do notV also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property esidential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ i Qese^he requesy >in detai 1:/t2JdiU/A^ ,y .. VARIANCES REQUIRED Lot Area Lot Width Setback Variances (Front Hardcover Side Rear) Other I f '\ \ r $ i \ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS 1. Completed Application Form. 2 . Certified Property Owners List of owners within 150 ‘ (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3 . Stamped, legal sized envelopes ( ilO) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Plat Map. I AM ■1. -V-‘ • f 6 ‘i The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees 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 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Coun^l members foj:-^urposes of investigation and verification oX--tr!Trs^ r^ertiest. Owner's sign^ure // Applicant must have ^l^ubmittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 1 T“ f l»( 'i I i { I ■ ^' \ ■•. •vA ' *.' f I 1 k sr ^>W5 P‘^ AfP<^r^ m.^ IXor-t—xr^rr 5AAJt>V /JO fiP077>^G^ POSSIBLC^ 'TD Gd^ 6>Ol7>?OU5r 3>0v'*t:> (^^AS'CT iP (JT(/S t 7/UC IS T ;I • •#• .^- » ^ • • •• .,t 'A-#. ,.M * V.'^» . :*f ' ‘ *4 ’"V ■ > .»v- g iWj „.xNUTES OF THE REGULAJl ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 3 years ago he came before the Council to get permission to install a tile from Watertown Road to Hackberry Park. Wear noted that he used to own the lots in this area and subdivided them. Wear stated that a drainage problem was created and that the subject lot being discussed tonight used to be the low lot in the subdivision and at one time had cattails in it. Wear explained that he sold the lot that the home they used to live in and built the home they live in now, he had to dig 2 1/2 feet of dirt to make his lot lower than the surrounding lots. Wear noted that the soil was a gray sandy loam and contained water. Wear stated that he tiled from his home out around the south, east, and north boundary lines and a couple of years later the subject lot with cattails on it dried up and became a likely spot for a vegetable garden. Wear stated that it is the only way the water can flow across his lot. Wear asked that the City assure him that the grade on 41 Willow Drive be kept the same and not create'any retaining ponds to keep the drainage onto his property.’ Wear stated that is has been brought to his attention that the City of Orono held this hearing to expedite things and that the City was only interested in Schoen's $150 fee for the variance application. Wear asked that the City consider refunding the applicant's money because the City issued the building permit before the public hearing. Building & Zoning Administrator Kabusth explained that the Council was polled on this variance application and that in order to allow the construction to be expedited the application was brought before the Council. Acting Mayor Frahm closed tJo public hearing at. 7:50 p.m. Councilmember L. Adams moved. CounciImember T. Adams seconded, to adopt Resolution 11767, A Resolution Approving a Variance to allow construction of a new residence. Motion, Ayes (3), Nays (0). #876 RANDY ASPLUND 3424-3444 EASTLAKE STREET VARIANCE RESCLDTION #1768 Randy Asplund was present. Assistant Zoning Administrator Gaffron explained that staff drafted a resolution of denial per Council directive. Gaffron stated that the applicant is now requesting a screened-in porch and that would probably require tradeoffs in hardcover. Acting Mayor Frahm felt that the applicant is requesting too many significant changes that the application should be referred back to the Planning Commission. Frahm noted that the City has never approved detached floating slab decks within the 0-75' setback zone before. Randy Asplund explained that he has sold one of the homes and that the owners would iiko an answer regarding the patios as soon as possible. Asplund agreed to remove tne patios but would like to know what to do with it after the patios are removed. '• .dTES OP TUE REGULAR ORONO COUNCIL MEETING HELD HAY 28, 1985. PAGE A Acting Mayor Frahm advised Asplund that after the patios are removed, that the ground should be sodded. Councilmember L. Adams noted that he has a problem approving anything in the 0-75' setback area. Councilmember L. Adams moved. Acting Mayor Frahm seconded, to adopt Resolution 11768, A Resolution denying variances for the fence and patio concrete requ^^'t with a deadline date for removal of patios for June 11, for 3424 Eastlake Street and July 23, 1985, for 3444 Eastlake Street and the request for deck platform and screened porch to be referred to the Planning Commission for thei * review. Motion, Ayes (2), Nays (1). Councilmember T. Adams voted nay..' #897 CHUCK PETERSON 825 OLD LONG LAKE ROAD PRELIMINARY SUBDIVISION Cnuck Peterson was present. Assistant Zoning Adminis trator Gaffron stated that the surveyor reconfirmed the dry buildable area that Council requested at the last meeting. Gaffron confirmed that there is 2.0 acres of dry buildable per lot in the area identified strictly as a seasonal drainageway. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the preliminary subdivision application'of Chuck Peterson. Motion, Ayes (3), Nays (0). #903 WARD FERRELL 3405 WATERTOWN ROAD ZONING APPEAL II Mr. and Mrs. Ward Ferrell were present. Assistant Zoning Administrator Gaffron explained that the applicant was brought in under a zoning appeal in order to save the applicant some money. Gaffron explained that if the applicant had applied for a variance that the application would be more costly and with the Council's past precedents the Council would probably have denied the application. City Attorney Radio asked how much the full variance application would have cost. Radio noted that by allowing this applicant the appeals procedure the City is saving the applicant money, but by handling this matter the City is not treating this application as a variance and not using the same standards. Radio noted that the decision reached tenight does not presume that the same decision would be reached on a formal variance application. p Assistant Zoning Administrator Gaffron stated that the variance application would be $150, plus the applicant's expense for additional surveying work, plus the extra expense for septic testing for each lot. Gaffron estimated I J c ASPLUND CUSTOM HOMES 1 14.SK) <NipiuTfield IMact* Wavzata. MN 55.191 ‘).15-5()2(* ^7/ . t.««V ••* ^^0/J^/J^T^ '7^/y/X> ^c>7 y~0 ^^ ^ y/^AJt^ ^t/7 7/C<f ffiCjUT S'/Oi'wM/^ 4SY co/>rr-.y jj f 7 j^.dOSd /AlT^'Luor^^J033 y 'd /f/T ^^-y/jL I. f TO: PROM: DATE: SUBJECT: Planning Commission Jeanne A. Mabusth, Building & Zoning Administrator June 13, 1985 #915 Roland C. Amundson, 3135 Casco Circle - After-the-Fact Conditional Use Permit and Variance Zoning District - LR-IC Area - 18,000 sf Application - After-the-fact Conditional Use Permit and Variance required for major alteration of non-conforming structure, removal of trees greater than 6 inches in diameter within the 75' setback area. Pertinent Ordinances: 1. Section 10.03, Subdivision 5(H) major structural repair of non-conforming structure 2. Section 10.22, Subdivision 3 - tree removal regulations within the 75' of lakeshore List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Landscape Plan Photos will be available for review Review of Application On March 13, 1985, staff inspected the lakeshore of the subject property. Staff observed the following violations: 1.Approximately 90 percent of the shoreline bank had been cleared of trees and brush--8 to 10 were over 6 inches in diameter. The applicant had advised they were all dead. The inspector had observed in a later inspection that some of the trees removed appeared to be alive— photos were taken of the trees for review at our meeting. The applicant was asked to submit an expert cpinion as to the condition of the trees at removal (landscape architect, forester, etc.) i r #915 Roland Amundson Page 2 June 13, 1985 2. The bank began to erode with the early spring rains after the trees and brush were removed. The applicant complied with all staff ’ s requests for specific erosion control steps. Photos were taken of the banks in early spring for your review. The banks have restored themselves with the natural ground allowed to return— photes taken June 13, 1985 will.confirm restoration. The applicant was asked to submit a landscape plan showing replacement of trees, planting of shrubs and safe access to lakeshore. Applicant was specifically asked to show how acces-. stairs would tie into the old boat house foundation and, if permitted, new deck. The landscape plan has been submitted for your review—see Exhibit D. 3. A non-conforming structure or boat house located 4-5 feet off the shore had been dismantled except for threo sides of the foundation walls. The remaining foundation provides much needed stability for the bank. The applicant was in the process of constructing a deck within the foundation walls. He was asked to stop all construction of the deck and it remains as it was on March 13th—photos were taken July 13, 1985 for confirmation. The applicant will replace the mature trees removed last spring. submit’^^roofT^^^h" advise if they still want the applicant tosubmit proof from his landscape contractor confirming that trees were diseased or dead. The plantings noted on the schedule ar^aK acceptable and will provide the necessary erosion control on the very maximum^rfi Steps and landing areas must be trimmed back to y^idth of 4 feet. Erosion control must be provided plants and trees are installed this season. There is no panic h^v^ require immediate planting because the banksnave restored themselves. The real issue now is the remaining boat house structure. To remove create major problems for this very steep bank, lo fill over the skeleton of the foundation is not feasible given the steep bank and the closeness of the structure to the water. The applicant wishes to improve the look of his lakeshore but most important to provide safe access down the steep hank. Staff suggests that as a compromise the City allow the 12' x 16' foundation to be used as a part of the structure that provides access to lake. It the deck platform remains, a 36 inch railing must be provided around all open sides. The 4 ' wide access stairs must be structurally tied into the platform/foundation. The visual impact from the lakeshore would be minimized with the reduced structure and the proposed plantings. #915 Roland Amundson Page 3 June 13, 1985 Start' Recommendation To approve the after-the-fact conditional use permit and variance application of Roland C. Amundson finding the application as amended to be in keeping with the intent of the standards of the zoning code that govern all lakeshore use. This approval is subject to the following conditions: 1. 2. 3. Access stairs as proposed on landscape plan by Otten Brothers Nursery & Landscaping, Inc. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the foundation—stairs are to be structurally tied into platform/foundation) Stairs must meet 4' maximum width-.-not 6' as shown. Applicant's landscape contractor must have all plans for erosion control approved by staff prior to plantings. A 36" high railing must be installed around all open areas of platform. Applicant must, obtain a building permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve fend permit all rip rap proposed along shoreline. I f L #915 T€<*ej‘p4* 'T OcurioL^CJL ^S’0 C-wp too CL? - +*vA- ^5~o /I CITY OF ORONO rbtoJI t STOO.OO GENERAL LAND USE APPLICATION PROPERTY LOCATION 3/3.S’Site Address n<no Casco Circle Wayzata ?1N 55391 Property Identification Number (P.I.D.) 20-117-23 43 0029 Please check one - Is the property _______ abstract or (for Conditional Use Applications only) orrons? Please attach legal description to application if not included on required survey. APPLICANT Name Roland C. Amundson Phone 471-8833 (H); 338-3380 (W) Mailing Address 1350 Dain Tower, Mpls MN 55402 OWNER Name Roland C. Amundson Phone 471-883 (H); 338-3380 (W) Mailing Address 1350 Dain Tower, Mpls MN 55402 Date Property Acquired nn-oher. 1984 {month/year) 1 not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a)Residential ccccssory Use $150.00 b)Institutional (church, school, etc. $150.00 c)Duplex Credit/Bldg $250.00 d)Com'-ercial/Industrial Use $200.00 f)Land Alteration (grading, filling) PRD/PID - s ee fee schedule Other Applications _ _ _ _ $250.00 Vacation _ _ _ _ $250.00 Rezoning * $200.00 Appeals Other - SCO fee schedule I PRESENT USE OF PROPERTY Present Zoning District T.n - ir Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail:see attnehod ExhilMt. ''A'' REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes ( i 10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admi ni St ra tor , agrees to pay al 1 fees and/or ^nusual expenses incurred in review of this application, and certif ie^hat the information supplied is true and correct to the best of<iXte/her--inTOw^edge. Applicant’s signatu/jj///y^Date 4/25/85 OWNERS SIGNATURE The owner hereby acl^nowlcdgcs and agrees to tliis application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission mcmtyjrs, and Couj^cil mgiribers for puj^oses of investigation and verification of f^eC^s request. Owner's signa^re Z/y/y^J Dat 4/25/85 Applicant must )uive all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on tlie third Monday of eac)j ntonth. \ #93 Exhibit ”A” The work being done will involve replacing the decking on the floor of what remains of the boat house. The former flooring was rotting and unsafe. The flooring is essential to support the ground area around the walls so as to maintain the integrity of the structure. If the three walls are allowed to fall into disrepair the bank will undoubtedly experience rapid and extreme erosion. I also plan a wooden stairway as access to the lake. i- RUN DATE 04/23/65 BATCH 001 PROP AODR OWNER NAHE TAXPAYER NAHE/AODR 36 20-117-23 34 0006 03105 CASCO CIR HAH HEYER JOHN P STEM 3105 CASCO CIRCLE UAYZATA HN 55391 HEmEPIN COUNTY PROPERTY TNrORMATION SYSTEM PROPERTY OWtiERS LIST 36 20-117-23 34 0007 03131 CASCO CIR ORVILLE H HUSEDY ET AL ORVILLE A DEAN?iE HUSEDY 3131 CASCO CIRCLE WAYZATA MM 5S391 REPORT HO. PI435401 PAGE 1 38 20-117-23 34 0006 03129 CASCO CIR P M DOUGALL ETAL P M DOUGALL 730 Zm AVE S SUITE 515 MPLS m 55402 PROP AODR OWNER NAME TAXPAYER NAME/AODR 36 20-117-23 34 0021 03125 CASCO CIR R 6 A P A DUDLEY RONALD 6 A PATRICIA A DUDLEY 3125 CASCO CIRCLE SO ORONO MN 55391 36 20-117-23 34 0022 J H A D L LEAP JAMES H A DChTJIE L LEAR 3127 CASCO CIR ORONO MN 55391 36 20-117-23 43 0023 03195 CASCO CIR ROBERT M A JUDITH G BOYLAN ROBERT M EOYLAN 3195 CASCO CIRCLE WAYZATA MN 55391 PROP AODR OWNER NAME TAXPAYER NAME/AOOR 36 20-117-23 43 0024 03165 CASCO CIR irm L PERSON THOMAS A GREEN 3165 CASCO CIRCLE WAYZATA MN 55391 36 20-117-23 43 0025 03185 CASCO CIR LYh*N L PERSON THOMAS A GREEN 3105 CASCO CIRCLE ORONO MN 55391 38 20-117-23 43 0026 03165 CASCO CIR HERBERT J SUERTH ETAL HERBERT J SUERTH 3165 CASCO CIRCLE UAYZATA MN 55391 J L PROP ADDR OWNER NAME TAXPAYER MAHE/AODR PROP AODR OWNER NAME TAXPAYER NAME/AOOR I. 36 20-117-23 43 0027 0315S CASCO CIR U A " .UlOSTROM WAYNE A THERESA LUNOSTROM 3155 CASCO CIR ORONO MN 55391 36 20-117-23 43 0030 03133 CASCO CIR DENNIS A LAURA SULLIVAN DENNIS A LAURA SULLIVAN 3133 CASCO CIRCLE DRIVE WAYZATA MN 55391 38 20-117-23 43 0028 03145 CASCO CIR L VOtl PCH9 MICHAEL F CUTLER 3145 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0031 THE CASCO CO THE CASCO COMPANY ROBERT 0 MACNIE 3135 CASCO CXP WAYZATA r:N 55391 38 20-117-23 43 0029 03135 CASCO CIR ROLAND C ArtUT.OSON ROLAl.T) C AltUlfDSON 800 FIRST Bfm PLACE M MPLS MmN 55402 TOTAL BATCH 001 00014 ^015 J J ' X n '■ 'V. RUN DATE 04/23/05 BATCH 001 HtHMEPIU COUNTY PPOPERTY INFORMATION SYSTEM PROPERTY Olft^ERS LIST REPORT NO. PI435401 PAGE 2 I, #915 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCURATE A»4D TRUE REPRESENTATION OF 1NFOPI1ATICN AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPAPTMCNT OF PROPiRTY TA)f3lTION, TO THE DEST OF MY KNO'NUDGE AND OELIEF. DATE U J .» I i \ % m m TO; FROM: DATE Planning Commission Michael P. Gaffron, Assistant Zoning Administrator June 13, 1985 SUBJECT: #917 Tipton Corp. , 1290 Lyman Avenue - Lot Area Variance Second Review List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Revised Survey Staff Sketch Planning Commission Minutes 5-2G-85 The applicant has revised his plans and now proposes to construct a three bedroom house on this 1.13 acre lot, Because the existing house and garage will be totally removed, a lot area variance is required. The smaller house and revised layout enable the property to adequatly meet the septic system requirements for both primary and alternate drainfield sites. I have no problems with the proposal as submitted. The applicant has not been able to acquire additional land. He requests your approval based on the existing parcel of land. Staff would recommend approval of the lot area variance based on the revised plans, finding rhat no other land is available and. all septic performance standards and other performance standards of the RR-IB zoning district have been satisfied. If you recommend approval, this item will be scheduled for the June 24, 1985, Council meeting. n ^ ^ c> V- 'll J^O.CC' L(Xuct^>idC CIT^ OF ORONO VARIANCE APPLICATION 'A A (■ ^ 1 r^l V 4^ Initial Application Fee $150.00 ($50.00 per each additic After-the-Fact Fees 1 PROPERTY LOCATION Site Address Z- v ^A I rtTL L 7 1 1 . . I CITY OF ORONO Property Identification Number (P.I.D.) Q;^ - OOP/ Please check one -- Is the property _ _ _ abstract or _ _ _ torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone Mailing Address OWNER Name T~ \ Cc.pi-..l>Cs Phone /V 7 - 0(t; 0 Mailing Address Hue A yy 1 f/ Date Property Acquired S'Y (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail; Estimated Construction Cost $ _ _C? c <4- VARIANCES REQUIRED X Lot Area Setback Variances ( Other Lot Width Front _ _ _ Hardcover Side Rear) (OVER) •li I ........--------r" ""“V f 1 #>• \ 1*^ -'AV ' * m/• 1 •j \ * •* V ;,vi il a e« Lckc VVo ^i» iU .*f Xtc, ;* •jr I '/'• > I. I '/.4 .:i i '*• ■(••« .!• '*.,-V ir • IK.pm a' •;^1'. •''if'/; fQ’-^ tv ^y(^^ i <OS^,?7 •* t 1*^ -JlL *• •M«l«« • nO*'' - • W- -5 “V • j**' r-H « I r 4 •; li'* •% • I §3nDU5T^'^^ lif-. ^'•‘V 7. , «»* .h yj :;Occ/,; •• IS F* * •• lKK‘«Omt, ----------Avi -------V-“ / .* Ml ..V' ^ 02-117-23 21 0026 DAve Filkins 110 Smith Avenue Wayzata, MN 55391 02-117-23 21 0027 Elroy Jv. Nerness 1275 Lyman Avenue Wayzata,MN 55391 35-118-23 34 0003/4 G. Marc Whitehead 1220 Lyman Avenue Wayzata, MN 55391 kfkJ 02-117-23 21 0005/6 C. Paul & Rae P'esek 1235 Lyman Avenue South Wayzata, MN 55391 02-117-23 21 0003 Edwa’"' H. Glampe 60 S.iiith Avenue Route 5 Wayzata, MN 55391 02-117-23 21 00030 Micha«2l & Darlene Blazek 1230 Woodhill Avenue So. Wayzata, MN 55391 02-117-23 21 0002 P. Gary Peterson 40 Smith Avenue Wayzata,MN 55391 02-117-23 21 0004 Frank Voight 80 Smith Avenue Wayzata, MN 55391 02-117-23 12 0001 Woodhill Country Club 200 Woodhill Road Wayzata, MN 55391 I CEnilFICATE OF SURVEY FOR TIPTO.V CORPORATION IN LOT 37 A VACATED SPENCER AVENUE ORONO ORCHARDS MINUTES OF TUE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 12 TIPTON CORPORATION 1290 LYMAN AVENUE VARIANCE PUBLIC HEARING 8:49 - 9:15 PM Mike Sjeklocha of 1424 Baldur Park Road was present to represent Tipton Corporation. Chairman Callahan called for the public hearing concerning Tipton's variance application to construct a new residence on Lyman Avenue. Assistant Zoning Administrator Gaffron noted the ^®^tificate of mailing and the affidavit of publication. Marc fit Tracy Whitehead of 1220 Lyman Avenue were present from the audience for this application. Assistant Zoning Administrator Gaffron explained that Tipton Corporation plans to remove existing house and detached garage and sneds from site and build a new residence. Gaffron noted that the proposed house appears to meet the required front, rear and side setbacks. Gaffron noted his concern that the primary drainfield site will not meet minimum setbacks from the house, and the alternate site is not realistically capable of containing the 1,200 sf drainfield required while maintaining safe setbacks from foundations walls. Marc Whitehead of 1220 Lyman Avenue stated that there is no question that the existing buildings on the property are an eye sore, but that the size of the home proposed is too large. Whitehead stated that he thought the lot size was approximately 1.8 acres (closer to 2 acres), but just found out tonight that it is 1.3 acres. Whitehead noted that he was also surprised that Tipton has already made their proposal to the City, since he and Tipton representatives had conversations relating to trading and/or buying of the lot last year. Whitehead asked to have the issue decided regarding if the driveway was to be a private driveway or vacated roadway. Sime asked Whitehead if he would be willing to sell some of his acreage so that Tipton could combine it with their 1.3 acres. March Whitehead of 1220 Lyman Avenue stated that he might be willing to sell some land, but he doesn ' t know how much land he has now. Whitehead noted if Tipton is willing to go to the expense of surveying his land to find out exactly how much acreage he owns, he might be willing to sell. Whitehead noted that he hasn't had time to investigate and see what his options would be in the future if he sold some land to Tipton. Whitehead stated that the neighbors are concerned that the building will sit too high on the site and ask that the building be lowered so as not to be too conspicious. Whitehead asked that the City enforce the 2 acre minimum and that approving this variance for 1.3 acres could set a precedent. e. m MINUTES OF THE ORONO PIANNING COMMISSION MEETING HELD MAY 20, 19 85. PAGE 13 Mike Sjeklocha stated that the high point of the home will not be conspicious. Sjeklocha noted that the garage is even with the existing building now. Sjeklocha noted that he was not aware until tonight that there were problems with the septic test sites not meeting the setbacks. Sjeklocha noted that there should be no problem in moving those sites to meet the setbacks. Kelley noted that a smaller home would meet the septic test sites and suggested reducing the size of the home. Kelley noted that the home could be built on the lot as long as Gaffron approves the site. Goettcn noted that the size of the house being proposed is too large for the lot and would like to see something smaller. Chairman Callahan closed the public hearing at 9:15 Callahan noted that the drainfield testing site may be alright if the house was only 3 bedrooms. McDonald moved, Sime seconded, to table Tipton Corporation' s application for a variance to allow the applicant time to consider their options. Motion, Ayes (6), Nays (0). #919 T.M. SCHULTZE 1185 WYNDMERE ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 10:36 - 10:53 PM Ted Schultze was present. Chairman Callahan called for the public hearing concerning the after-the-fact conditional use permit application by Ted Schultze. BuiIding & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this public hearing. Building f> Zoning Administrator Mabusth explained that at the time of the final inspection of the Ted Schultze residence, staff noted the excavation of the pond. Mabusth stated that the pond is approximately 10,000 sf in area and is not located within a designated wetlands. Mabusth explained that the pond serves as a collector basin for all runoff from a small localized watershed. Mabusth noted that the pond will not change or redirect the previous drainage patterns nor have any negative effects on surrounding properties. Ted Schultze noted that he was not aware that he needed a permit for the construction of a pond and that he was not informed by staff of the need for a permit. Schultze ^°te that his pond collects drainage from the surroun^ding neighbors property and is equipped to handle all runoff in the area. Schultze noted that this is not to be a wiidiite pond. To: From: Date: Planning Commission Michael P. Gaffron# Assistant Zoning Administrator May 30, 1985 Subject: #925 Richard & Diane Hennessy, 4670 Tonkaview Lane - Variance Zoning District - LR-lB Single Family Lakeshore Residential Request - Allow installation of a septic system rather than connection to municipal sewer located approximately 540' east across neighboring properties with severe topography. List of Exhibits Exhibit A - Exhibit B - Exhibit C ~ Exhibit D - Exhibit E - Application Plat Map List of Property Owners Survey With Preliminary Proposed House Location and Septic Test Sites Existing Sewer Locations { - • i This is an application to allow construction of a new home on a lot of 1.21 acres in a 1 acre zoning district where municipal sewers are not available. This falls under Section 10.03, Subdivision 6 (A)(3), which states that A lot of record in any "R" District in the City not served by public sanitary sewer must meet the area and width requirements of the Chapter and shall not be utilized for single family detached dwelling purposes without Council approval.” the area.requirement of 1 acre, but is 120* in width instead of the 140' required. cmk certainly have a hardship in that this lot substantially meets the minimum standards (80% of lot area and width) to be granted a building permit without variances, if sewer was available. According to Il^ennepin County the "Tonkaview Gardens" plat was originally filed on July 29, 1921, prior to any zoning codes in Orono. The septic testing indicates that mound systems will be needed at the primary and alternate sites due to slow percolation rates. The sites as delineated on the survey are acceptable, but the proposed house location rust change to allow a minimum 20 foot setback from the tested sites to the house and driveway. From a septic standpoint, the lot is buildable as long as the house can be suitably located away from the drainfield sites. • applicants will be allowed to upgrade unimproved Garden Lane right-of-way for access to the property. They will assume the costs of bringing in phone and electric service to the property, and of course will have their own well. Because this subdivision does not have sewer laterals installed, staff has started to review the possiblity of sewering the properties within the Tonkaview Gardens plat. As of this writing, city Engineer Glenn Cook, John er arc son an I have walked through the arc'a but we have no estimated cost Zoning File #925 Richard & Diane Hennessy 4670 Tonkaview Lane May 30, 1985 Page 2 of 2 tion ross Ldth or routing. The other unsewered property owners have been mailed a letter requesting their opinion for or against installing sewer laterals. No responses have been received yet. Therefore, notwithstanding some pending resolution to the sewer issued, and based on a suitable relocation of the proposed house in order to protect the drainfield areas, staff recommends approval of the variance to allow use of septic system based on the following findings: 1. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 2. Sewer is not provided to this property although the property is located within Orono's designated sewer service area. 3. The costs of providing a municipal sewer lateral to serve this property and the adjacent undeveloped properties would be prohibitive and the City has no indication when the neighboring properties will be developed. 4. The property can support primary and alternate mound type septic systems. 5. The property can gain access through the undeveloped Garden Lane right-of-way. Approval should be based on the following conditions; 1. Applicant shall locate the house such that the house and driveway do not encroach onto the approved drainfield sites. 2. Applicant shall be responsible for the costs of installing an adequately sized culvert in the gully location on undeveloped Garden Lane. 3. Applicant is responsible for maintaining this access driveway over unimproved Garden Lane. 4. At such time in the future that municipal sewer is provided to the property, applicant shall abandon the septic system and connect to the municipal sewer within the normally required time frames. 5. Payment of park fee in the amount of $350. 6. Payment of standard bui Iding permit fees including SAC charge. The sewer unit charge of $225 will not be collected until such time that municipal sewer becomes available to to the property. ewer rder ance hore Y is CITY OF ORONO VARIANCE APPLICATION PROPERTY LOCATION Site Address ‘V ' JUl •/; / ^0. oo / a /1 cML • ' 1985 ' 5200.00 feu'"'"” #9$ication F Af ter-the-Fac l! Lot 63, Tonkaview Gardens O ■'' y 07-117-23 24 0036Property Identification Number (P.I.D.) Please check one — Is the property _ _ _ abstract or X torrens? . (//596613) Please attach legal description to application if not included survey.on required APPLICANT Name Richard L. & Diane Hennessy home - 861-2456 hus work - 725-5299 Phon»if work - 726-7852 Mailing Address 7520 Bloomington Ave. S.. Richfield, MN 55423 this tive 1 be ptic Lane OWNER Name Richard L. & Diane Hennessy home - 861-2456 hus work - 725-5299 Phonarif work - 726-7852 Mailing Address 7520 Bloomington Ave. S., Richfield, M\ 55423 Date Property Acquired Apr 1971 _ _ _ _ _ __ (month/year) i(do not) also own the adjacent parcels of land. eway g an rden over PRESENT USE OF PROPERTY Present Zoning District LR-IB Present Use of Property Residential X Other (specify)undeveloped residential DESCRIPTION OP REQUEST Estimated Construction Cost $ 90,000.00 Describe request in detail: To have a certified septic company Install an septic tank and drain field (mound type) per the attached site evalu^ation report with percolation tests. ~ -- - - - - - - - - - - - - - VARIANCES REQUIRED rge. time X Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) Other ylJ? V HARDSHIP ; t describe undue hardship or practical difficulty resulting from strict en orcement of zoning regulations: To bring up a sewer line from Wildhurst Trail to _Pur iQt VLQVilcj entail goin g between 500 and 600 feet, uproot ing several laroo which cover the area. Also, lot 56. directly below lot 63 (directly east) js im.rh lower than our lot, with a steep slope from the end of our lot to lot 56. DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; The distance of 500 to 600 feet to bring a sewer line up from lot 56t gnd the coverage on the land of large trees. The removal of these trees would be a detrimental factor to the area. ~ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners wi thin 150 • (you can obtain this list .rom Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes ( #10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of 5. Plat Map. survey The Applicant and Property Owner must sign this application. Please'remember been inc^luded^^^^*^ application is not complete if the above information has not APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by we oning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of tnis application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature A OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agen s, 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 office^ 25 daysibefore the fanning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. RUN DATE 09/27/84 BATCH 003 38 07-117-23 23 0020 PROP AOOR OWNER NAME TAXPAYER NANE/ADDR F J CARLEEN ETAL EARL B NORUOOO 1380 VINE PL NOUND NN 55364 PROP AOOR OWNER NAHE TAXPAYER NAHE/AODR 38 07-117-23 24 0028 01231 WILDHURST TR JAMES M PHELAN ETAL JAMES M PHELAN RT 1 BOX 291 MOUND MN 55364 PROP AOOR OWNER NAME TAXPAYER NAME/AOOR 38 07-117-23 *4 0031 01055 WILDHURST TR P J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL MOUND MN 55364 38 07-117-23 24 0036 PROP AOOR OWNER NAH£ TAXPAYER NAME/AOOR RAD HENNESSY RICHARD L HEN»<ESSY 7520 BLOOMINGTON AVE S RICHFIELD MN 55423 a *■ # 8 HEWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 23 0021 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL HOUND 55364 3b 07-117-23 24 002*^ 01085 WIlDHURST TR H A SCHULTZ ETAL HARVEY A SCHULTZ BOX 282 WILDHURST TRAIL HOUND HN 55364 38 07-11^-23 24 0034 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL HOUND HN 55364 Total batch 003 00010 REPORT NO. PI435401 PAGE 8 36 07-117-23 23 0022 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL MOUND MN 55364 38 07-117-23 24 0030 01045 WILDHURST TR DEANA E NELS044 MICHAEL V MC KENNEY 1045 WILDHURST TRAIL MOUND MN 55364 38 07-117-23 24 0035 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL MOUND MN 55364 I CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS THE HEFR4EPIN COU4TV DEPARTMEN"' MY KNOWLEDGE AND BELIEF. DATF. •ERTY TAXATION, TO THE BEST -,r -1^ A/ I > (4 p <2 ^ 7 • «• I I I I u. I • ._.yjL„ ioj__________ 1 / (>5) ^ iic7s 5 61 5 C^O j;;f ■ V V/' ^ 62 ^ r^ (.)•) 57 'i 1 J -, «-A if » >4 \e.. V IRL-^ • ij i ( ^i'f/ V /// <7 f-‘. //« ' L\,.C^.. .•'ill \ I ..4 '.;'' --'=‘1^ , 4-i'j \tomk^vh ^ N • CV •*«5t..$ y ^or|HOf *•7 {U} I / / .-•, i> >ri:' f^r\it 50 f « V a :i7* ^t5 48 '-v c/ / 1 ^£iAjir/i^ ;j^/Fy uu V' * ^ • I 7 A k A * \--r' h hh—4' i!T: AVi To: From: Da tie: Planning Commission Jeanne A. Mabusth, Zoning Administrator June 11, 1985 Subject; #926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit Zoning District - LR-lB Pertinent Ordinance - Section 10.20, Subdivision 3 (G) Application - Conditional Use Permit required for non-rental, second residential unit on property. The residential unit will be a guest apartment located above a detached garage. Total Area - Approximately 2.4 Acres List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F ■ Application Property Owners List Plat Map Survey of Tract D, E, F, G, H & I Registered Land Survey 565 Survey of Dayton's Property Building Permit for Garage/Guest House the building permit application review for a detached garage, the contractor advised that Dayton planned to con- ^S^^rx 3^6 ^d^ta^h^/Hwithin the second floor area of the proposed E) ThP Lm 4- located on Tract D (see Exhibit D &). The applicant had ^ust purchased Tracts D, E, F, G, H and I adjacent to his homestead site. Lot 6, Ordinance Subdivision 349. The total area of the combined tracts totaled 34,964 s f or 80% Pc»r TuTAT. ^ tralVs ’/lf'combTned woutdqualify for a single family dwelling use without Council aonrovai structure is clearly accessory like in both ise ^n'^ look" If the tracts are not combined with Lot 6 and the detached structure or?nc'L'^°‘ identified as guest house and accessorr^^a Ixi^Ung aueirhous^ *^*’e substandard property (80% of area) with an Section^ iTni . potential new building site. blrtv shall nAt „ '^ie^tly advises that such a pro- o? more ibuttL^ intensely developed unless combined with oneor more abutting lots or portions thereof so as to create a lot- s^te'cL^d® requirements of the given toning district. The building never support a second residential unit. There would be no additional vacant lands available for combination: that accepted the City's position. Dayton was advised contafnino V r had to be combined with Lot 6 as one building site ®<^res before a building permit could be issued for the detached garage. Review Exhibit F, the building permit was is'ued unders?aTdfn\^ tw^n^oi?."the conditional use'pLmit an/ witVthc Zoning File 926 Conditional Use Permit Judson M. Dayton 1655 Bohn's Point Road June 11, 1985 Page 2 of 2 Staff Recommends of Jud^n^Da°non^find^ng^ permit application line?^^^^ house must have separate sewer connection to municipal Vaiv. ^ 60 ' ^11 3.SO ^ CITY OF ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address /4>^S ^n/\A^S Pt^^/Oh Property Identification Number (P.I.D.) ^ ^ / C>OC>^ Please check one - Is the property abstract or (for Conditional Use Applications only) torrens? Please attach legal description to application if not included on required survey. APPLICANT Name ~\d(I^C<\J f(\-______Phone f oj\ 37Y- ^ S'4 3 (f^) ^ 7A 7/// Mailing Address /^<SS Por/J^ OWNER Name \OIX<^'lO m. P/iVTr.'/v’ Phone fu>) ^ (h) ^7/-7Y{-') Mailing Address aV/a^V Pf- /ryzyj5 Date Property Acquired __________________________ (month/year) I (do) (do not) also own .the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 Residential accessory Use $160.00 b) Institutional (church, school, etc.) $160.00 c) Duplex Credit/Bldg $260.00 d) Commcrcial/Industrial Use $'200.00 f) Land Alteration (grading, filling) PKD/PID - '■'•e fee schedule Other Applications $260.00 Vacation $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail; ^ g/ 'j >. y yknfj 'T)' REQUIRED SUBMITTALS 1. 2. Completed Application Form. Certified Property Owners List of owners within 350 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3.Stamped, legal sized envelopes (#10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees 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 )«nowlcdge. Applicant's signature OWNERS SIGNATURE min JkM Date /7 sh if ■is The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. 7)1Owner's signature 7 Date Applicant must Itave all submittals into the City offices 25 days before the Planni ng Commissi on Meeting. Planning Commission Meetings are held on the third Monday of each month. ■>« RUN OATC 05/20/65 BATCH 001 PROP AODR OU14ER NAHC TAXPAYER NAHE/ADDR PROP AODR OWNER NAfie TAXPAYER NANE/AOOR PROP AODR OWNER HANE TAXPAYER NANE/AOOR PROP AODR OWNER NAhE TAXPAYER NAflE/AOOR I .PROP AODR OWNER WANE TAXPAYER lUNE/AODR t PROP ADOR OWNER NAME TAXPAYER NAHE/ADDR 56 06-117-25 0012 01595 BOHNS POINT RO GERARD BLOHORN GERARD BLOHORN 1595 BOHN'S POINT RO ORONO MN 55591 56 16-117-25 22 0002 016A0 BOHNS POINT RO DAD DUNLAP DAVID J A DIANE J DUNUP 16A0 BOHNS POINT RO WAYZATA MN 55591 56 16-117-25 22 0005 01725 BOHNS POINT RO TAJ EELOMANN TERRY A JULIE FELOHANN 1725 BOHNS POINT ROAD WAYZATA HN 55591 56 17-117-25 11 0005 01625 BOHNS POINT RD D T TROWBRIDGE ETAL 0 T TROWBRIDGE 1625 BOHNS POINT RO WAYZATA m 55591 56 17-11 '-25 11 0006 01655 BO INS POINT RO DOUGLAS W LOHHAR A WIFE DOUGLAS W LOHHAR 1655 BOHNS PT RO ORONO MN 55591 56 17-117-25 11 0009 J M DAYTON A E J OAYTCXI JUOSON M DAYTON 1655 BOHN'S POl^fT ROAD ORONO MN 55525 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 56 09-117-25 55 0008 01560 BOHNS POINT PO BETTY A ROGER SWANSTROM ROGER D SWANSTROM 1560 BOHNS PT RO WAYZATA MN 55591 56 16-117-25 22 0005 01700 BOHNS POINT RO RAC OWENS ROBERT H OWENS 1700 BOtmS POINT ROAD WAYZATA MN 55591 56 17-117-25 11 0001 01665 BOHNS POINT RO T DENNY SANFORD ET AL T DENNY SANFORD 201 OLD MIIL POrO RO PALM HARBOR FL 55565 56 17-117-25 11 0009 DAS ANDERSON ET AL TCM B SWEEN 1600 BOHNS POINT PD WAYZATA MN 55591 56 17-117-25 11 0007 01695 BOHNS POINT RO 0 I M FOX DAVID K A MARGENE FOX 1695 BOHNS POINT RO c/^YZATA MN 55591 55 17-117-25 11 0010 J H DAYTON A E J DAYTON JUOSON M DAYTON 1655 BOHN'S POINT ROAD ORONO MN 55525 REPORT NO. PI955901 PAGE 1 50 16-117-25 22 0001 01600 BOHNS POINT RO JOSEPH C THOMASON A WIFE THOMAS A COY^ilE SWEEN 1600 BOHNS POINT ROAD ORONO MN 55591 56 16-117-25 22 0009 01720 BCHNS POINT RO DAS A140ERS0N ET AL DAS AlOERSON 1720 BOHNS POINT ROAD WAYZATA MN 55591 56 17-117-25 11 00 01655 BOHNS POINT RO #926 J DAYTON A E DAYTON J M DAYTON A E J DAYTON 1655 BOHNS POINT RO WAYZATA MN 55591 56 17-117-25 11 0005 KRUTZIG CUSTOM HOMES INC KRUTZIG CUSTOM HOMES INC 910 FEPNOALE RO PLYMOUTH MN 55997 56 17-117-25 11 0006 J M DAYTON A E J DAYTON JUOSON M DAYTON 1655 BOHN'S POINT ROAD ORONO MN 55525 56 17-117-25 11 0011 J H DAYTON A E J DAYTON JUOSON M DAYTOtl 1655 BOHN'S POINT ROAD ORONO MN 55525 RUN DATE 05/20/eS BATCH 0C< ^6 17-117*23 11 0012 PROP AODR OWNER NAHE TAXPAYER KAhF/AOOR J M DAYTON A E J OAYTOH JUDSON H DAYTON 1655 BOHN'S POINT ROAD ORONO HN 55323 ■ '‘L . .A ■ t J HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI635601 PAGE 2 36 17-117-23 11 0013 J M DAYTON A E J DAYTON JUDSON H DAYTON 1655 BOHN'S POINT ROAD ORONO HN 55323 TOTAL batch 001 00020 #92rp I CERTIFY THAT THE FACTS REPPESEMTEO ARE AN ACCURATE AK> TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HETRUPIN COUUY DEPARTMENT OF PROPERTY^TAXATION. X0 THE BEST OF NY KNOWLEDGE AEO BELIEF. ^ // ( 's '\ • \ \ li . ', > W u| • w igf # i>7i wm l9j§l9TOW9i COND USE DATE LOT AREA WIDTH jmi PROPOSED 1o--------- FRON^/iTside\^^^ REfiA J ( side LAKE WETLANDS ACCESS . TO:Planning Commission FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:June 12, 1985 SUBJECT: #927 Stanley Gregory, 1410 Shoreline Drive - Variances Zoning District - LR-IA Pertinent Ordinances - 10.21 Subdivision 1 10.21 Subdivision 2 Lakeshore Setback Lakeshore Hardcover A) Lakeshore Setback Required = 75' Proposed = 55' Variance =20' or 26% B) Lakeshore Hardcover Allowed = 0 Existing = 27 sf or .042% - (approved application #863 for retaining wall within lakeshore yard) Variance = 1,200 sf or 1.86% List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Addendum Property Owners List Hardcover Fact Sheet Revised site plan with pool Site Plan dated 6-23-83 Survey by Egan Field & Nowak dated 11-23-76 The applicant seeks setback and hardcover variances to install a 22' x 33' pool within their lakeshore yard. Please review Exhibit B for applicant's comments. They have approximately 8+ acres in area but the lakeshore topography, location of existing caretaker house, and primary and alternate septic site areas have taken up most of the available lakeshore yard. The available flat ground within the lakeshore yard to the west of t)ie septic envelope does not provide adequate area for the proposed pool. If the pool was placed in the west yard it would be located closer to the shoreline than the current plan. The applicant had originally planned to locate the pool in the west yard but in an early planni »g decision the septic envelope was relocated in the west yard. Earliei plans showing the pool relocated west of the septic envelope revealed a need for a lakeshore setback variance. Staff advised that the original septic site would have required pumping. #927 Stanley Gregory Page 2 June 12, 1985 In an earlier application, the applicant was granted a side setback variance from the caretaker house of 10 feet rather than the minimum of 20 feet to provide the right location for the proposed principal structure. In the applicant's addendum, we are advised of a future plan to build a greenhouse with an 8 ' to 9 ' width between the lakeside of the garage and the pool. If the sketch submitted for the applicant is accurate, there would be no 10 feet separation as required because the pool is 10 feet from the garage. If we are asked to also consider the greenhouse, the pool would have to be placed 44 feet from the lakeshore. Exhibit E shows an LP gas line running under proposed pool location. The applicant has asked if consideration can be given for the abundant land area to the north and east of the hou!>e that will not be developed. In review of the hardcover calculations (Exhibit D), it would appear that hardcover is not a problem out of the 75 foot setback.zone. The City has given such consideration in a previous application where the applicaht had exceeded the allowed hardcover within thf» 75-250' setback area; but because the applicant was willing to limit hardcover within the 250-500' setback area in addition to removing an old boathouse within the 75* setback area, the hardcover variance was granted. What kind of tradeoffs are viable in the case of increased hardcover within the 75' setback area for new construction? 1. Replace all de<;ignated paved area within the 75* setback area with natural ground cover. 2. Place a limit on all paving around the pool edf.a that is located within the 75' setback area. 3. No portion of the pool located within the 75' setbak area can be higher than fi 'ished natural grade. Advise applicant that DNR must approve all setback variances for structures that encroach within 50 feet of Lake Minnetonka--applicant must reconsider plan for greenhouse or relocate pool. Issues to be addressed in the review: 1.What kinds of acceptable hardships have been cited to permit approval of this variance? Steep topography along lakeshore--narrowness of lot at west end— location of caretaker's house. 2. Are there other feasible locations for the pool located out of the 75 foot setback area? 3.Is the need for the variance duo to circumstances unique to the subject property or were these circumstances created by the applicant? ■Am*.... i Mm U #928 Stanley Gregory Page 3 June 12, 1985 4. Is this request so unique that the City need not fear establishing a negative precedent with other hardcover lakeshore setback variance applications? Alternatives of Action: 1^ '-enied, the following findings may be considered: 1. Early planning decision made by applicant or authorized agents of applicant created the need for the variance. 2.Hardships presented by applicant are not valid when dealing with new construction and site planning—good planning could have alleviated all need for variances. 3.There are other locations (one to the northwest side of house) for the proposed pool outside of the protected area. 4.Variances cannot be granted for the convenience of an applicant but must be based on circumstances unique to the property. If approved, the following hardships or findings may be considered: 1* Steep topography and narrowing of lot along western lakeshore. 2. Location of existing caretaker's home. J ' 'i - Sir ^ ' , ^ J t ;9/Src 'v- n ) ^ f ^ /n /•.+ r^r.' "-S-.P^-S'S" /->/ t-'fi \. i(^ 11 <^- CITY OF ORONC) - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per ea After-the-Fact F _s #.927 PROPERTY LOCATION Site Address jMrln q Q viu~r Property Identification Number (P.I.D.) ^ ^ ' ep3 3^ 0(^C^ 9 Please check one -- Is the property abstract or ____ torrens? . / Please attach legal description to application if not includedfon required ^giTFvey^ APPLICANT Name Phone ^ (D \~~] Mailing Address jrCv0> V.»v-2 H t ry> ^ LO OWNER Name \ Phone ~ ^0l t-r-Mailing Address n .^0> 1^. t t_ _ _ _ _ _ _ _ Date property Acquired p^. I (month/year) I^do^ (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: _ _ _ _ _ VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( Front Other Side Hardcover Rear) (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforc^ent of zoning regylaUop; [j < j > \arv4 • V t Wn f v-^ ( ^r\n I (f*) >)\ril—o^r]^ ITk^ *~t\Lg..g./\Trf <f--Pic^^________________ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property condit^ions preventing compliance with Zoning ^de)Uai p Requirements; Crf—(p 1 xD <^xgj><L VV lr>r^y/oJ Lp C> ^ ^ g-f leTy ^ >, fjfn I I C. k trr^ h ^ I Vi ( , Vw REQUIRED SUBMITTALS 1. Completed Application Form. 2. 3. Certified Property Owners List of owners within 150 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) Stamped, legal si zed envelopes ( i 10 ) pre-addressed to each of the names on the above list with no return address. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administratcr, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the i nf orma t ion supplied is true and correct to the best of his/he^r . knowledge. Applicant's signature^ OWNERS SIGNATURE Date The ow’ner hereby acknowledges and agrees to this application and further authorizes 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(j_sauL^;2-Z|_L5 S ’J- Applicant must have all submittals into the City offices 25 days before th Planning Commi ss i on M(!ot ing. Planning Commi ss i on Meet i ngs arc held on the thiri Monday of each month. SWIUrtte #927 O Ct^ ^o-e(e-^>ey^ - ■ LtX- '^-X.ejS-*^ (jL-9 (c - C^Xo ,cWo7t (K -|V<^ <3 0> cS:X^'cLA Q, CL--5^Cj2X_a<,,,v^ yO-?. loc-0j^'i <V^ C>cs2J\ Q~L^i(r\. LcX UOd^JHi^ (o (£)c_oJPp oT D-cPOoO dy^sJ\ ~y(^ Ctr\ cS->U2_fl UlDoX-C iro (^cL? Cc-^JD G VeJ^c<_«jk 5TC_c>. 1 I CTA r €>l>C-Pl^)c>oOl IK>^-GL ( e ^ L_<3^ cij?^ 'fliV^ 'Cux LO"^ru_C«i ~PC-erN poA '/eJLJ’ I ^<J o D 'I r b oxiDl. , (J^ W-A_^U-K^ cLz_>ue-£) :^^^SrC^jL>u c><^ c5>^ ”1X^ ^ qCa^cA eg<, a^ ^y-C_jC<-^ ^ "^cs^ PC-^'-*-d 0^:j 9 -^<b^^''T^^ (lA-^^err> o3eK4cJjC^ 0 {/-esLJxf accujiXci; 'iC-jeA^) cu~lw \a^ '~{C--CA4 '~(0s©1^ ”*(^*-<’ « j3'5-i-<-^d t'—£s-iJX’ C-1 =U (e^ (ejDo-C^ \ w /^//‘P /ti.r © g nwr^ >-\r^#^fct/-v it^r^r\/-'/^tfT'n y^AT ^flT AfTiT/^M f»?/^r> vr*tlT7'r'»T' fl* ^1 ______- t ■ORONO HARDCOVER CALCULATION WORKSHEET mzBBss 1 . LAKESHORL tfiETBACK fSiONE •^r A. Existing B. Existing C. Existing hardcover D. Proposed hardcover in zone E. Proposed hardcovei CITY OF^NO XO L. 3 I Gil in zone n<x 1 ucover in zone percentage ((B4A) X 100] oercentage ((DtA) X 100]percentage X Ui 0-75'co s f :z^7 sf .o¥2. %X sf 0 '-L 75-250' - - - - - - - - - - - - - ^^<5 sf ZT sf sf %2 5 % 250-500'sf sf 30 % 500-1000'sf sf %sf % • • • 35 % Directions: A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includec the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain-inporvicus surft*ces within the specified zone. C. Existing Hardcover Perccncage - divide the number in B by the number in A and multiply by 100 D. Proposed Hardcover in Zone - include! the existing hardcover plus all proposed additional hardcover. - - - 2. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent remov'al of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. EXHIBIT #927 a \s iK'Cn^ ^c<t"e4 k» i4l4^Prl^H I'L g /(;i^ r.iv'i’f^ ♦ \ .a L pTA-S MC, aA/c «T j I- / / eu H16H WATV^ map- V / Till, {tfcvi-iy; i''i.?y~'\ v.y ^.'.'AT'i^n DraiwingNo: | I 41 r«. ^ ^ , 0* 0%A^* m*' V • %' *✓ D«u ^ • '• ^ * 5^Sole. ) ^ ElSErJMAN ROBERTSON Anhitects 66U KilUi Avfiiuf New York. New York 10036 212/944*6680 k \ i ! - H cr r«liTi THi]:iai; •17i MUf roir» •ItWslcKm liiaiiMtM r<nim« ^KltrOM Zoning File 928 Conditional Use Permit Richard W. Pula 2015 Webber Hills Road Page 2 of 2 1.#856 Edward L. Beek (sewered property) Required = 2 acres Existing = .75 acres Variance = 1.25 acres 2.#924 Jon Scherven (sewered property) Required = 1.0 acres Existing = .27 acres Variance = .73 acres Applications #856 & 924 dealt with sewered property. The application proposes a major increase in water use with both kitchen and L?th. Lacking the septic information, it is impossible to make any valid findings. We are dealing with a rural property, the applicant must prove there is ade quate area for septic expansion and, if a guest apartment is finally ap proved, an alternate site should be located. The alternate site would have to be protected from the encroachment of future construction. In con sideration of the size of the rural let, if a guest apartment is approved for the site, the applicants may be prohibited from building accessory structures in the future. I can find nothing in the previous guest house/apartment applications in rural areas where there was a need for an area variance. The City appears to hold firm to the performance standards for rural development. I had talked with Mr. Pula about 2 months ago concerning the City's position or rural properties and advised that he forget the apartment and just go with a bedroom and bath. Pula has asked to go ahead with the conditional use permit for guest apartment because of specific benefits in the financing of the improvement (see Exhibit F). In consideration of the Gaffron memo, I must now ask Mr. Pula if he plans to go ahead with just a bedroom, that the tanks be pumped and the size of the drainfield serving the residence be determined. Alternative of Action To deny conditional use permit for guest apartment on property located at 2015 Webber Hills for one or more of the following findings; 1. The lot is 75% deficient of required area to support two residential units. 2. Establish negative precedent in the review of similar guest apart ment uses in rural zones. 3. Review Section 10.09, Subdivision 6 A 1-3 for other applicable findings. To table ponding receipt of necessary septic information. J w r?. . r (- c’ ^ ijO'*'/ 'i /CC' a ^/C - s;^/v r::> - .'j v- ? —/U CITY OP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Property Identification Numbex (P.I.D.) 03 3V ^ Please checlc one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT • Name Phone ^73" S ^ Mailing Address /S urfl/i/frfi /9f// ^5 OWNER Name Phone Mailing Address ^O/S J^i> Ljr?yZ/ffA yfy 6S3?/ Date Property 7'cq jired 3 (month/year) I (do) (^o no^^ also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS ty' $1C0.00 a) Residential accessory ’Jrs _ _ _ _ $150.00 b) Institutional (church# school# etc.) _ _ _ _ $150.00 c) Duplex Crcdit/Bldq __ _ $250.00 d) Commercial/Industrial Use _ _ $200.00 f) Land Alteration (grading# filling) PRD/PID - see fee schedule sother Application _ _ _ _ $250.00 Vacation _ _ _ _ $250.00 Rczoning $200.00 Appeals _ _ _ Other - see fee schedule rill PRESENT ’JSE OF PROPERTY f’ Present Zoning District Present Use of Property Residential _ _ _ _ _ _ Other (specify) _ _ DESCRIPTION OF REQUEST Describe request in detail: L /9 7~7~/ C,///To Ool£o T'/f S /: . /JC LI /s TV yvx- c r- u A< C4.S ro yye/P C,/?i£'T'o . i ycT 7~0 /AT£/y C.<r' /3ccA*^sc ___jj_ _ //tiiTfR. £ £ - _ n*________________________________________________ REQUIRED SUBMITTALS \/1. Completed Application Form. ^2. Certified. rty Owners List of owners within 350 ' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) \f 3. Stamped, legal sized envelopes (f 10 ) pre-addressed to each of the names on the above list with no return address. /s. y 6. Construction plans, if applicable. Plat Map. The Applicant and Property Owner must sign this application. Please remembar that your application is not complete if the above information has not been included. r APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees topayall fees 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/ljor kn^ledge. ^ » Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes 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. planni ng Conunission Meet ings are held on the third Monday of each month. RUN D4TE 05/10/65 BATCH 001 PROP AODR OUNER NAHE TAXPAYER NAHE/AODR PROP ADDR OUNER NAHE TAXPAYER NAHE/AOOR PROP AODR OWNER NAHE TAXPAYER lUHE/AOOR PROP AODR OWNER NAHE TAXPAYER NAHE/AODR PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR HE^nlEPIN COUNTY PROPERTY ItIFOPHATION SYSTEM PROPERTY OWNERS LIST 36 03-117-23 34 0001 00775 BROWN RO S ROBERT A SWANSON DOUGLAS N SJOOERO 775 BROWN ROAD WAYZATA HN 55391 36 03-117-23 34 0025 02075 WEBBER HILLS RO J I J CASHHOPE JOHN D A JEAfOlE CASMHORE 2075 WEBBER HILLS ROAD ORONO HN 55391 36 03-117-23 34 0028 02025 WEBBER HILLS RO R E VAICERNAILLEN JR A WIFE RALPH E VANDERNAILLEH JR 2025 WEBBER HILLS RO ORONO HN 55323 36 03-117-23 43 0004 00760 BROWl RO S T R BROWNE A S R BROWNC THOHAS R BROWNE 760 SO BROWN ROAD WAYZATA HN 55391 36 10-117-23 21 0007 E S BORHAN I J E CORWIN JULIUS HENOEL X BURT H CORWIN 400 1ST AVE N HPLS HN 55401 36 03-117-23 34 0016 02040 WEBBER HILLS RO CAE RILEY CARL T RIELY 2040 WEBBER HILLS ROAD 0R0T40 m 55391 36 03-117-23 34 0026 02065 WEBBER HILLS DONALD H CRAY A WIFE DONALD H GRAY JR 2065 WEBBER HILLS RD WAYZATA m 55391 36 03-117-23 24 0029 02015 WEBBER HILLS RO RICHA^O W PULA ETAL RICML n W PULA 2015 WEBBER HILLS ROAD WAYZATA HN 53391 36 03-117-23 43 OCOb C-jSOr, tPOlPI RO S RIP Via LRHAN RUTH AN?4F VICKlPflAN 600 BROWN RO S WAYZATA HN 55391 TOTAL BATCH 001 0CO13 REPORT NO. PI435401 PAGE 1 36 03-117-23 34 0017 02000 WEBBER HILLS RO K A C OCOOLPH III KARL DEOOLPH III 2000 WEBBER HILLS ORCNO HN 553M 36 03-117-23 34 0 #928 02055 WEBBER HILLS RD ARCHIE W SPENCER A WIFE ARCHIE W SPENCER 2055 WEBBER HIIIS RO WAYZATA HN 55391 36 03-117-23 43 0003 C0660 EROkTl PO S C L AfJCPUS ETAL COLEDERT L ANORUS 660 SCUTH BROWS RQAO WAYZATA m 55391 1 36 10-117-23 12 0001 00860 DROWN PO 5 0A7I0 H SKEIE I WIFE DAVID H SKEIE 060 BPOUY4 ROAD 50*JTH WAYZATA HM 55391 1 ^ L V V mi« r«> k RUN DATE 05/10/65 C BATCH 001 HEmEPIN COIA4TY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI^35^01 PAGE 2 V. r %t'-' ■ ^ > '.'>4 Y ; I ^ ^ •' < A’ ^ •i *. * ;‘v‘ * . ’ 5/ ' k ^ •* J f ^ ■ if i > t. j r'X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AM> TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS or THE HEr^NEPI OF HY K4IOMLEDG j j ] i*; - - ...« . '.«■ ■li I ^)tr' P i . »■■ •.•■• >- • ;| ^ f --F^ ^1/: V *•*•5?}»: *■ # • .^ f tt, ^ -1*^- Ic * ^T i: .p^ctrt^^ - cn-6^iL aJi^ /o lXjP d ^ 3^ ^ /jl*^ ^ lattiMgt :'il 4I«« ^4 •*> i; ^ ! • V ■i !! ... i • » 1 Uiu •tLjk u 04 •K !:t 5^j| .< *»» ----------------1^. u !! i —;if- -... .ii ... 1 * t* •; -t44- ^ n I :»» :l! : [k. ^------- »4 1* 1 1^ *' 'i . ^ ■» : ■. • .1 .1 - / ' f' ' •! .1 (•. - O -------|*J ------ ------ .mmk (JTY of OROXO Building Permit AND APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66. CRYSTAL BA <. MN 56323 473-7357 SITE ADDRESS LM^S PERMIT I' 5433 DATE ISSUED EXPIRES----------------------------- ZONING DISTRICT FIRE ZONE VAR. DATE COND. USE DATE LOT AREA lo /4C WIDTH ^Ulr DEPTH ^ D^OS* PROPOSED SETBACKS FRONT R.SIDE , REAR ®’TSIDE too 'f LAKE WETLANDS ACCESS NEW EXISTING AGENCY APPRCV. DATE CITY COUNTY STATE PR. EASEMENT REMARKS; ^ UiT" INSPECTION REQUIRED SUBDIVISION LEGAL DESCRIPTION; PROP. ID. fl7 LOT ^EOCK^^^^^^^^ )WNER (Name) (Address) /^,ei^Aey\ Po<^ (PhoncLi.1 iT.i‘7*3t| ARCHITECT/ENGINEER - Must Certify Multi-Family, Commercial & Industrial Construction Plans ERT.NO. (Firm)(Address)(Phone) BUILDER JL. (Firm) (Address) --'ore' uTs'C/J /T y sy’k' /^s'L/ciaXj New aldition femodr.enovateI,TYPE OF WORK CONST TYPE BLDG. SIZE ^ Vt? HtSIDENTIAU DWELL. UNITS OAR STALLS 'att UET ^ NON HESlD occ CLASS STORIES B BDRMS.'FLR SEPTIC APP DATE DOCK P.ROPOSED US'" STORIES COUNCIL APP DATE EST. CONST valuation *50, OoO PERMIT FEES BLDG. PERMIT 1^0 > STATE FEE PLAN REVIEW lO- oo IQ.S^C PENALTY ♦F*Afttj-rrE oo SACCHAP*..:> __ TOTAL DUE .OO __r4L< f=^r. ^/ce i2< rOOTING r>elofe pout FRAMING rough in INSULATION WALLBOARD Before Taping FINAL before occupancy WORK BEYOND OH WITHOUT A RE OUIBED INSPECTION WILL BE SUB JECT TO PENALTY. inspection hours t73-7357 CALLS 12 A M INSP 1 4 PM CALL 1 4 P M INSP NEXT DAY WORK REQUIRING SEPARATE PERMITS PLUMBING MECHANICAL WELL_______ SEPTIC SEWER WATER GRADING & FILLING electrical from Stale ACKNOWLEDGEMENT the undersigned HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT ANCE OF ALL INFORMATION. CONDITIONS AND REQUIRE- 7.1ENTS REPRESENTED ON THIS DOCUMENT. THE UNDER SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT COM PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS COPY white -file CANARY INSPECTOR OiKiw' Acrrrrr^.r» GHLtN FINANCE GOLD MLCUPT Signature 1 I r •i - f ■'ii METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY 300 Metro Square Buildlngi Saint Paul, MN 55101 ACCESSORY APARTMENT LOAN PROGRAM SUMMARY Ati accessory apartment is an independent living unit, with self-contained kitchen, bathroom and living facilities, that is developed within a house Initially constructed as a single-family dwelling. The Minnesota Housing Finance Agency (MHFA) has developed a new below-market interest rate loan program designed to help single-family homeowners add an accessory apartment to their home or bring existing accessory units into compliance with local housing and/or building codes. The Metro HRA is administering this Accessory Apartment Loan Program on behalf of participating Metropolitan Area cities that would like the housing opportunities offered through the program available in their community. The objectives of the program are to: 1. 2. 3. Increase the supply of moderate-cost rental units affordable to low- and moderate-income households; Help low- and moderate-income homeowners meet their escalating housing costs or special family housing needs; Maintain quality cuid legality in the conversion process. The provisions of the Accessory Apartment Loan Program are designed to flexibly benefit various income levels and population types (e.g., elderly citizens; "empty nesters"; lower-income households; 20s and 30s singles and couples, etc.) in either role of homeowner or renter. The Metro HRA, in concurrence with participating communities, intends to serve this wide range of populations with the program. A primary goal of the Metro HRA is to provide affordable and locational housing opportunities to low- and moderate-income persons. In keeping with this policy, as well as meeting one of MHFA^s main program goals, Metro HRA does intend to target program service to both homecvners and renters in this income range. Program Guidelines The MHFA has designed the Accessory Apartment Loan Program so that it can be tailored to meet specific community housing needs and goals, as in these examples: 1) 2) 3) Tied-ln with the Section 8 rent assistance program, thereby providing additional affordable units for eligible renters. Tled-in v’lth Community Development Block Grant funds or other fund sources to provide additional conversion loan assistance. Used to regulate illegal accessory units by providing state and local code compliance improvements. ^ . -2- The following are general MHFA program regulations; 1.All loans must be FHA Title I Home Improvement Loans. MHFA will purchase the loans from the Title I lender secured by the administering agency. 2. The maximum loan amount is $15>000 with a 15-year repayment period; the loan is due upon sale of property. Homeowners can qualify for the loan in one of two ways; a)If annual adjusted income is $24,000 or less, the interest rate is based on amount of income. There is no restriction on the amount of rent charged for the accessory unit. If annual adjusted income is over $24,000, the interest rate is 11$. The homeowner must sign a statement agreeing to rent the accessory unit within the HUD Section 8 Fair Market Rent limits for existing housing. 4, The annual income/interest rate schedule is as follows; $ 0 - 7,000 $ 7,001 - 12,000 $12,001 - 17,000 3% 7% 9% $17,001 - 24,000 $24,00U 10 1/2$ 11$ The Section 8 Fair Market Rent limits for the Metropolitan Area are as follows; efficiency 1- bedroom 2- bedroom $328 $388 $451 3- bedroom 4- bedroom $554 $611 5.The converted single-family home must be owner-occupied; this is required under the federal tax law regulating the use of revenue bond proceeds. 6.The single-family home must be converted to contain only one accessory unit. The home can contain up to two existing units if the loan is to be used for code compliance improvements. 7.All modifications must be in compliance with all applicable local zoning, housing and building codes and with the State Energy Conservation Standards for Rental Housing. Metro HRA Program Administration Metro HRA staff plans to administer the MHFA Accessory Apartment Loan Program in relatively the same manner as it administers the MHFA Rental Rehabilitation and homeownership Rehabilitation Loan Programs. Those functions are as follows; 1. Market the program, with assistance from participating communities, to prospective homeowners. 2. Provide program applications and ir roroatlon to interested homeowners. 3. Screen applicants to determine preliminary loan eligibility, amount of loan, applicable interest rate and property eligibility. -3- Package the home Improvement loans. 5. 6. Verify compliance with local zoning ordinances and housing codes. Provide sources of technical assistance and support services concerning contractors, architects, unit design, improvement feasibility, tenant/landlord relationships, etc. Community Involvement ■ Before the Metro HRA can administer the Accessory Apartment Loan Program within a Metropolitan frea community, the city mu!.t pass a resolution authorizing its participation in the proe».'am. The actual operation of the program also charges tie city with the following responsibilities: 1.Conducting the applicable local building permit and code compliance Inspections. 2. 3. H. Providing a timely building permit approval process. Providing verification to the Metro HRA that the addition or rehabilitation of an accessory unit conforms with the zoning regulation for the properties' locations. Publicizing the program in local newsletters, newspapers, utility bill enclosures or other available media sources. For further information about the Metro HRA Accessory Apartment Loan Program, contact Davlii -Wilson at 291*6026. - /^fi.022B / m / X mmV lA^T&p. P>EPftr)M I H I \0, y WAtU t k t 9'<^.i.Tue> Matr^WA>UU 5 /■^ V N j 0A- Z'PKT I 1- )| M I i ^l> f!(/ £>1^4^ kim<& B(U^ ; ■♦exi^iNfr W4.ut- i'. #1928 ' 6'-^* - * w- ^^MTT VIN6 t 'xi - \ \ (? W«tui P6UW '/t^ yrP ftp. 2.+ m«6 WALU R- IW-SUWAIleW I «\ M S i I z ($ <4 d 'rM •' '■‘A ’V <Z, ‘ U / V • • • • .1 4 .V* > •• V &V;r*v.' *.'• “*.c.^'. A!'^*,; "•• , . V . •• • • »•'.•'<••••'••. •• ^>1*. • .*• •• ••G. •,.. ^.. .,------------------------------- : > •• 'V 'f. fc*» .c -—I .‘.| *. i'% ■••■’•'-«v.. f • ** .* \% ! *•»* »' • # •-Pf . -li-v • •» ► * Vis ,»v3< t'^a i^>' \ V t • < * l::i i I • * i : I I (I • I •;|n!'ii:|: l!II ! • • : I • •I • * ! ' I ’ ! i ‘ ■Hi'I \i ‘ f . ! > 11 I . * t ! I I • ,i'l II'. ’ ; I ! i !. il ! ♦ ? ' :i 1* ■ -T ■_____•- ________^ 0 « L_------i t 1 1 ; V..- •! ;:. . •• .1 iiliHl'•' f: * I I i V- < V » i 1 • . I i t ■ , 1 1 • T'’• -rr• •“ ; —- ii- --t :T !i ti .^TI. *. * »t • I !l T* f;T|;v )• •■i! i * .................. • •i ‘"••.rj*^ *' tV-l••' * ''• •* * ';:v* .• « •c: ■ N O u? 4 s m’mm ■* • • • *. • • ' V 'n K rT.'l' rwXTjwjT - r T- ./ •jirr gr.>r-*" »-•-«■ I j . r - .*. .?«; r ‘•‘W4 ‘ • V ■ t;,Ih.....^......—•• •• »•»»."• fr*w\ •*. .».* •';**• | . ^ - . •.*•'• ••. * " •- ♦ • • ,j BS3r«r*- - ■ 4 *i .r^ w .:-k *. - fc .. -i?.- * .. - -i *: -i— t r-w- r.- >• — *-» If :t ~- •>1*.-«f «• r: t . - r - - r:ri=. -•- . 5-x . ^ r-< ^ > fc I I . ■ ■ ^ !■ I h' • V -^^'O ' V t1 ‘‘A*** i- J /* ’ • * ' • • 'o ' • -■-^^5>--" W=7“ \:rsjtssxs^bsi ■:^'y.i>!..'C V..r» ■y— /V' o ■L. - - ___ir--------^ i\ I -o ■RAWCH vV'ND o'.v:: ; r-' '■I TO; FROM: DATE: SUBJECT Planning Commission Michael P. Gaffron, Assistant Zoning Administrator June 13, 1985 #929 Lyle Rahn, 1146 Wildhurst Trail - Conditional Use Permit Zoning District - LR-lB Request - Conditional Use Permit for an existing guest house List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Construction Plan and Request List of Property Owners Plat Map Survey 1974 Variance Application Documents The applicant is requesting a formal conditional use permit for a guest house located in his lakeshore yard. This structure has existed on the property since prior to 1974 when the applicant purchased the property. This structure was the only structure on the property when the applicant bought the property. On April 1, 1974, Mr. Rahn submitted an application to the City for a variance to build a new home on the 0.838 acre lot in a 1.0 acre zone. This variance was subsequently approved by Council on April 22, 1974, conditioned on the existing cabin being removed. Mr. Rahn did not obtain a permit for his new home within the one year time limit, and his /ariance expired. He then in July, 1975, reapplied and was again granted a variance on July 28, 1975 under the condition that the old structure be removed within 30 days after occupancy of the new structure. Mr. Rahn subsequently obtained a building permit on August 4, 1975, upon which appears the notation "approved by V.C. 7-28-75 conditioned on removal of existing house". The building inspector at that time was Mike Scheller. The house would have been nearing completion about the time Mr. Scheller retired on January 16, 1976 hence it is likely that no followup ever occurred to verify that Mr. Rahn had indeed fulfilled the conditions of that approval. In the spring of 1985, Tom Jacobs became aware that Mr Rahn had already completed some remodeling on the structure, and convinced Rahn that a permit was requird, Jacobs being unaware that the structure was illegally existing. Rahn obtained a permit for $25.50 based on an $1,800 estimated construction value (no plan review was required). #929 Lyle Rahn Page 2 June 13, 1985 Upon inspection, the inspectorb noted that a deck had been placed in the 0-75' setback zone, and that a conditional use permit was required for the guest house. Rahn was notified per the inspection slip to remove the deck and that a conditional use permit was required for the guest house use. Other construction items needing revision were also noted. Mr. Rahn applied for a conditional use permit in May, 1985. My file investigation today revealed that the structure exists illegally per the 1974 and 1975 variances, and per the conditions of the building permit that was issued on August 4, 1975. Staff recommends that the conditional use permit be denied based on the above related facts, and that Mr. Rahn be ordered to remove the structure within 30 days of Council's final action on this matter. It is our opinion that Mr. Rahn has no legal right to keep this structure on the property, and furthermore, it can be considered a non-conforming structure because portions of it are less than 75' from the lakeshore. i K '^at/hy CITY OP ORONO GENERAL LAND USE APPLICATION #929 PROPERTY LOCATION Site Address //V^ OO^ SS3AV Property Identification Number (P.I.D.) ^ 7-//7 ' 7 ^ : ;l Please check one - Is the property abstract or X torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT Name />> ji n Phone Mailing Address OWNER Name Jca C Phone ^70~ Mailing Address //9C 1^7/, , 7^ SSJCV Date Property Acquired 1^72 _ _ _ _ _ _ _ _ (month/year) I (do) (de—rmt) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS X $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Dldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - sec fee schedule Other Application $250.00 Vacation $250.00 Rezoning $200.00 Appeals Otlier “ see fee schedule run- - PRESENT USE OF PROPERTY Present Zoning District __ _ _ _ _ _ _ _ _ _: Present Use of Property J Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: "/d oj^i, - - 77c/ 4 ^ ? I i i "•4 l^A It V^r j. . REQUIRED SUBMITTALS 1. 2. Completed Application Form. 3. Certified Property Owners List of owners within 350' (you can obtain this from Hennepin County Department of Finan(^^-60^^^er^ment Center 348-32 /1 ) Stamped, legal sized envelopes (HO) pre-addressed to each of the names on the above list with no return address, 4. Certificate of survey. TJX 5. Construction plans, if applicable. 72^ Plat Map. CCCXAc7>uyJ’6. 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. APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurre in review of this application, and certifies that the information supplied is true and correct to the best of his/her )<nowledgc. Applicant's signature OWNERS SIGNATURE V<1 -- > R 1'.Date The owner hereby ac)cnowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agent.3, commission members, and Council members for purposes of investigation and verification of this request. Owner's siqnature«v‘^/, / iXC/i/n Date Applicant must have all submittals into the City offices 25 days Planning Comnrission Meeting. Planning Commission Meetings are held on the third Monday of each month i; j ■ I 1 t ! -jT r • •^2£ f • / « ~ (ytirl AO'O.'Tx.tXt^, C^■f^^ ^u ^ 1*-^ y " Xl-'n^^ . : '5^*' ^-t-tL\, yZU^/j.y\^ ^yA.(.^t^ . X'^iUuX'V^U^.L'tx ^ \ ^A^ieLtX. qJX ^>kJ' • C' yfi.*- X :^U<X X.L / .. ^ .iw/ t - . ^ • XiXj XX Xcxi^X C"'^ ‘ /o j'yi ^yC'^inxX (rrx X''Xc7i cS^t-c/) Xu^C w w » • ^ ^ r - y ^ w V*'V- ^ V '• •• -r ^ - yiiXtlC( ^Ci/H'U ;•*: • .*• -• - -f- -• -t -•-. i *. » . —■• b ♦,»-•»» • •• *.«-.••.• ^ 4m • »«4 .♦■ • • ■ » . • i#» ». -Mo •». , m ■ n ■ •*^1..i I. I •* •# 92 kJ A RUN DATE 04/26/65 BATCH 002 PROP AODR OWNER NAME TAXPAYER NAHE/AOOR PROP AODR OI<.NER NAME TAXPAYER NAME/AODR PROP AODR OfNER NAME TAXPAYER NAME/ADOR PROP AODR OtSiER NAME TAXPAYER NAME/AOOR PROP AODR OWNER NAME TAXPAYER NAME/AOOR PROP AODR OkY'iER NAME TAXPAYER NAME/AOOR 38 07-117-23 24 0005 04445 FOREST LAKE LANDING R H RYBOTH ANTHONY G RICHARDSON 4445 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0020 JOS H HANNON ETAL ROGER M DYDOTH 2954 YOSEMITE AVE SO MPLS MN 55416 38 07-117-23 24 0023 04475 FOREST LAKE LANDING 8 REILING ETAL RAY DONALD HURLEY 4475 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0026 04499 FOREST LAKE LANDING L A J RAHN LYLE E RAt'N 1146 WILDERNESS M0L»O MN 55364 38 07-117-23 24 0029 01065 UILDHURST TR H A SCHULTZ ETAL HARVEY A SCHULTZ BOX 202 UILDHURST TRAIL MOUND MN 55364 38 07-117-23 31 0315 01270 UILDHURST TR JAR STASIK JAMES STASIK 1270 UILDHURST TRAIL ORONO MN 55364 HEMIEPIN COUNTY PROPERTY INFORMATION SYSTEM PP'^PERTY OWNERS LIST 38 07-117-23 24 0007 01186 UILDHURST TR EDWIN R SANDIN ETAL EDWIN R SAiaiN 1106 NIL0HUT,’5T TR MOUO fOJ 55364 38 07-117-23 24 0021 JOS H HANNON ETAL ROGER M BYBOTH 2954 YOSEMITE AVE 50 MPLS m 55416 36 07-117-23 24 0024 04475 FOREST LAKE LANOIK’G 8 REILING ETAL RAY 0 HURLEY 4475 FOREST LAKE LAtOINS MOUt.!) tOl 55364 38 07-117-23 24 0027 01146 UILDHURST TR LYLE E RAMN ETAL LYLE E PAMN 1146 UILDHURST TRAIL MOLRIO 131 55364 38 07-117-23 24 0037 04455 FOREST LAKE LAiroiNG ROGER KPAIflES A WIFE ROGER KRAINES 4455 FOREST LAKE LA'BING MOUND Mil 55364 38 07-117-23 31 0036 01214 UILDHURST TR GARY W WELSH ETAL CARY U WELSH 1214 UILDHURST TRL MO'JNO UN 55364 REPORT NO. PI435401 PAGE 7 38 07-117-23 24 0019 JOS H HANNON ETAL POGER M BVDOTH 2954 YOSEMITE AVE 50 MPLS 1»1 55416 38 07-117-23 24 0022 J H HANNON ROGER M OYDOTH 2954 YOSEMITE AVE SO MPLS m 55416 38 07-117-23 24 0025 L A J RAMN LYLE E PAHN 1146 WILDERNESS MOUND MN 55364 38 07-117-23 24 0028 01231 WILOHURST TR JAl'.ES M PHELAN ETAL JAMES M PHELAN 1231 WILOHURST TRAIL ItOU'JO MN 55364 #929 38 07-117-23 24 0038 04465 FCRE5T LAKE LANDING THE FIRST NATL EX HACONIA PAY H PETERS 4465 FOREST LAKE LAIOING MOm.'O 1*N 55364 38 07-117-23 31 0037 01200 UILDHURST TR DAVID J KPU5K0PF A WIFE DAVID J KFUSKCPF 1200 UILDHURST TRL MOUND fCl 55364 r-I L 1 L ms9‘ RUN DATE 0^/26/85 HEmEPIM COUrrrY property information SYSTEfl PROPERTY OmCRS LIST report no. PI435<|01 PAGE 8 BATCH 002 PROP AODR OVINER NAME TAXPAYER NAME/ADDR TOTAL BATCH 002 00018 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION# TO THfiFBEST 0? HT KNOWLEDGE AND BELIEF. OAT 1 J t * >■ ‘ Ir’ M u.' u . ^ , ,i. I » I J *' iriil# L'-^: : J '■ «j r •i tj • »';• y''*M 'it •i r« .* If f ;.{ . Lv k t ♦ • • • *• i ' ? • ■ V • t •%'Ml f ♦ } .4 • } -*• . J im h tti l>i» > ■■ * AmKATION Kffi BUILDING PERMIT AND ORTinaTE OF OCCUPANCY VniAOl OF OtONO, MINNiSOTA omccTioits SPACES NUMBCRCO t THRU U MUST BE fiUCO IN BEFORE PERMIT IS ISSUED |PUt«» Prml or Typvl 1 SITE ADDRESSE ADDRESS A UJitJ KLLht^l (f}\ PERMIT NO N?3112 2 date ] IICAL DESCRIPTION ^ - V ' 76 ^4* PlAT N uMBIR^5 ^ ^ PARCEL NEA^BTR (AAdr»t»t |T»I fM I S ARCMITECI |T*i Hq » • BUILDER |T«i Nu I I TYPE Of WORA id ^-^1. '7- >y -7r CL o^k --^ cii^YU^_ t C>ijLM^ ^ ACKNOWLEDGEMENT AND SIGNATURE: The undersigned hereby represents upon all of the penalties of law. for the purpose of inducing the VILLAGE OF ORONO to take the action L. tein requested, that ull statements herein are true and that all wv \ herein mentioned will be done in accordance with the ordinance f Ihe VILLAGE OF OROHO. the State of Mirmesota. and rulings of th% Building Department SIGNATURE ,_ rfkrLifh/i/ APPROVED rsB9^^ 3t^.S.oo 77lT ocPlNMiT F ( t MATI FEE____. O /L^^CL .S'C total fit 0 ^0^4^uc, DISTRICT FIRE /Otuf AGGREGATE FlOrWAREA r/£>c* • SI2E Of STRUCTURE iPndi^ f NO Of STORIES I-\aJ'0. «0 tSIlMAUDCOSI ^hjO C> « U COMPLETION DATE U PROPERTY DIMENSIONS 13 NO Of F Af^iLlES Ilf Appniit<fi M TYPE Of CONSTRUCTION IS property ARIA SO fT 14 LOST ARE A PER F AM il V SO FT 17 FRONT YARD II RIARYARJ)19 SIDE TARDS 1 9HAMIHG final - R I. • f \ t. *■ . .»* # • I*•.f c? - • r i CD 4 1 li J:i . \ I tB ! . i r dsm V p, /O * iTl-Vu* \-^: \m' »5f IL^.' ^ - :»r ^/V‘* \ ■;|t?r Vi-•'•’'"■•' > ->• r Village of Orono Zoning Variance Application Directions to Applicant: a.Fill out this form in duplicate by typir'g or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip. c. File duplicate applications and filing fee (3 with Zoning Administrator. Hahn, 1. Name of Owner: Lvl e E (Last)(First)(Middle) 23^6 Cedarwood Hldg^e, Mtka., Minn. 553^3 _ _ _ _ _ _ _ _3^5 3l6l 2^ Address of Owner: (No. aid street) (City and Zone) (Phone) (approx.) llSg Wlldhurst Trail, Orono, Minn. 3. Street Address of Property Involved: Loll 96, 9onKa¥-i«w Oapdene3—eubjoot uo of 1‘oeorii—irw deed Legal Description of ^operty Involved: Lot 2u, Tonkaview Gardens, subject to restrictions of record in deed Doc. !Jq. Q367Q 5. Does this property border on or lie partially within an adjoining municipality? no ^>. Present Use: Building lot with 20' X 20* cabin 7. Proposed Use: Year around home site b. Date Property Acquired: on or before May 20, 107^1V. Present Zoning District: Orono 10. Variance following] Ordinance is requested from the ; sections of the Zoning ): I V^i •• f/L-- \ orr-Li* •/ t . , r < <.! t-* fti'j'N F'i ;'> ' •. /• f" ::i •’• • r v-.j : i ;»;/ ► <• /»- ^ * V : * t f» -t 11.IVhat are the requirements of the ordinance sections listed in Item 10? Building site should be one acre 12.State exactly what is intended to be done on or with the property which does not conform with existing regulations; To build a year around home on approx. 35»525 sq. ft. (.838 acre) vs; the required ^3,580 sq. ft. (one acre) 13.Has an application for zoning variance on the same property been acted upon by the Village Council within the last six months? If so, state the date of the Village Council's action. no NOTE; The law requires that the conditions set forth in the following three items 14» 15» s^nd 16 MUST be established befoi?e a variance can be granted. Explain in detail after each statement wherein your case conforms to the requirements. 14.Difficulties of Hardship to Ovmer. Strict application of the provisions of the Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyiJient of a substantial property right of the appli- c.cant and to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. V/e would not be permitted to build a home on this property because of the one acre restriction. \ Exceptional Conditions of the Lot? There are special condi- tions (narrovmess, shallowness or shape of a lot, exceptional topocraphic or water conditions or other extraordinary and exceptional conditions of such lot) applying to the structures or land in question that ai*e peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. 167 Only problem is lot is less than an acre. It conforms favorably to adjacent property. Effect on Neighborhood and Comprehensive Plan; Granting the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion, in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. Our plan tnould acid to the value of adjacent property - (vacant lot on the North side) - our plan would be similar to the home on the South side of this lot. It would be an asset and add to the value of adjoining areas. f [ j {V.: ? > • r • r r r.iliK* t'ttH fnibrii/f HOTE: The following material must be attached to this application. 17.A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. (_ _ _ _copies) 18.An abstractors certified property certificate listing the names and addresses of the owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. 19 Acknowledpiement and Sipinature; The undersigned hereby repre sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of Hinnesota. y-/';/ Date For Official Comments Only: t) mast . . • : ■v^ . •.H• • .> ' %. . ^ f f .. A'-*.* >• / ’• •.-■ • ^' ' *•»< V. ; J\ i. •• < > i ’*■ ♦/*, r: '►! •i »- y% • -•: •. . *' WV.. - 1 • •♦.v* r - r,;* t. 1' ' «-i• *v > • tr i‘: I - f-' •. i •' * ;•'• ^ • * *• • .t • • •. ‘I-.-.' *v . » •- IBiS 15t^. R^S BttK KICItfiFimEI! I ♦ f - * • • f \<y/ I/- •* %»• A 9• % . .. 'I Village of Orono Zoning Variance Application For Official Uao Onlv Name Case No. Diroc^ona to Applicant: a.Pill out this form in duplicate by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper .item number. V.*. • * •• ^ b. c. Attach all supplementary material by paper clip. Pile duplicate applications and filing fee (3_ _ with Zoning Administrator, s. e )lame of Owner:(Last) . . , (First) "■ * . V . ** i * Rahn, _ Lyle Edwin % (Hi tidier «• e 4 ^ % Acidrees of Owner:(Ho, and street) (City and Zone) (Phone)f•e « 2346 Cedarwood Ridge, Minnetonka, Minn., 55343 545 3161 • *• ^ ‘0. ' 3.Street Address of Property Involved:m * f ' • • • a 1146 Wlldhurot Trail * % * •• • .. • v-r ’ 4-Legal bescription of Property Involved: 4 e Lot 26, Tonkavlew Gardens • • > a Does this property border on or lie partially v;ithin an adjoining municipality?• % ^ S • No • •> . fc.Present Use:•7. Proposed Use:b.Date Property e Residential e Residential Acquired: • • • . « \ • June 3, 1974 Ui IB 1 Acre following sections of the Zoning Ordina r.ce: 3a '/I • / . • * >' •r • • . I »: ; .ui • .1 * ■ • IV .1 •?■ ■ =<1 *• •. S', j ' A' ^ . . •» * {r » fV ? « f 'r >' • > / * $ , • • •. . • • f. / '«• «• /- ■ r I,.«• i» s 4 Xt * *» • k. : ;• V ♦ I V **. :* . » . • . *; I « • r > ; > .4* ^ . • ■ ' t ' ■* J. 4-^ • •v. •■■ ’ • • T'Uf’ n■> vi ‘ FFt^t l»\»v [sif-pn.rii-'FO 11.lAiat aro the requirements of the ordinance ‘sections listed in Item 10? 1 Acre (^3,560 sq. ft.) and lUO ft. Lot width # Actual = approximately .84 acres(36,525 sq. ft.) \2,State exactly what in intended to be done on or with the property which does not conform with existing regulations: Build single family residence on sub-standard lot - no other land available. 13.Has an application for zoning variance on the same property '■een acted upon by the Village Council within the last six mon4:h3? If so, state the date of the Village Council's action* No. However a variance was approved in April, 1974. NOTE: The law requires that the conditions set forth in the following Lliroo items llj., 15, and 16 MUST be established before a variance can be granted. Explain in detail after each statement wherein your case conforms to the requirementa T4.Difficulties of Hardship to 0v;ncr. Strict application of the provisions of tho Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardsliip upon the owner of tho lot in developing or using such lot in a maimer customary and legally permissible within tho zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the appli- 4,cant and to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. 1 ' > - .« ^ • No adjoining property available for sale ‘ .1 4 * 'A ' JL t* f'fM *1 A • " • • 1 If I' V. ifF I ^ y '* ft I» > {• . T-ivlvU llltO frlLti-li 13. Exceptional" Conditiona of the Lot:' There are special condi- tions (narrovmoea, nhailownoaa or shape of a lot, exceptional topographic or water conditiona or other extraordinary and exceptional conditionn oi‘ auch lot) applying to the structures or land in question that aro peculiar to the property involved or immediately adjoining property and do not apply generally to other land or atructuros in the district in which said land is located. Explain in detJiil. Lot is 64* on the lake, 9O' on V/ildhurst Trail, 465* and 509' deep. 16. feffect on Nel/diborhood and Comprehensive Plan: Granting the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion, in the public streets, incrca.ee the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. This residence will be consistent with surrounding homes and v/ill in no way impair established property values in the surrounding area. •fr. ^ m \ - k % NOTE:The following material must bo attached to this application. 17. A map or plat showing the property affected and all lands within 150 foot of the boundaries of the property affected by proposed change. (_ _ _ _copies) 18.An abstractors certified property certificate listing the names and addresses of the owners of- the land within 150 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. Acknowledgement and Signature: The undersigned hereby repre sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordonce with the ordinances of the Village of Orono and the laws of the State of Minnesota. Date Signature For Official Comments Only; MC5S.4 --0 DEPARTMENT OF FINANCE ROOM 116, COURTHOUSE MINNEAPOLIS, MINN. 55415 PROPERTY OWNERS LIST 'M m 8EEH si'JwriL-: Uwl'HU NAME JcSEei^_ki_.\-V\Sj U) CJ IsJ -ILHo t^AlID f ^ —lo£.L. ^CarikjSptN^ CLAgy LJFC»?i4 f\. ^VAUCT gw^.ux>> ^ I . -> \r>Ms ^j^OkJ -DiiELcniFiy _ Lo £u/_ -Q-ui^. JoUfo^oNJ ■RQS^e—ayJB<mti -£DwiK;.^.S/\UDiy _Da.-KgiJSt5,Ol^f . LAa-_U/VEkA &£_ ADDRESS ' , : >' .1 I L^L±f I • • ♦ - -LJ. \ ' a'.‘ -» ' . ) ‘ •i /k'/. I ; ;y * / ' ill. A I * -*L ' V V * #■ / ' J *t ' 1 5 xujt^Li'Aui:}.^_ _ijj - I •< ..j i_ _ _ DESCRIPTION ,TOK.)KAv\/1.£1/J,. ^_5utC-_\or;> -^'^S‘00")__ -LiES-jaL-. To ll iucL_ LqT5 -L«irS _ZjF'-t /\kj 0. 2_S J-wv5TS..-3o—Afv 0 -3 (__ •-Rec3 ..Rv£y “TgA.CT__A______ TAC ( S j C FuoP \- T^lACT D „TRAcrc„_.t^ PLV ( Pl«t Ijo A-3 ) U f\t J. \ ‘ r •* > ■ V i*____' • I 3RACT A rr^cT a -REC>JLAkjD ^vjR.V0/ PCAT UO/'V3l<^-l) I certify that the tirti represented on this ceftifi;'3te arc an .ccur stc ond true rcp csortatlon of Irifonns lion as It rp^'cars tn.s d^tc on me records nt the Hen«*. Co. fuuiixfi O.V.. to h-* h.5i 01 rr.y irf.o>..«.oBa ar.J Honn. Co. Haanco Division ^ By T % • I • %•• • v I p• * / / / ^ ■/ :. \. \ \ \ \ 0 CB li^ I. i? 4*/ - r % "4.. \ % \ • % V THIS m H/|s P eek —F'fspftXHKPt • > f • / (*• -. : KT t ’ I • I : 1. -A *i) ^ : Z a; ^ ♦ • 4 « 1 C-------- ' I I 1 1 ( ^ o ^ * •----------------------------- 1 '•• •.., a ► f ct ^ ^ ^ ‘ m y* •[,- .... brr TO: FROM: DATE: SUBJEOT: Planning Commission m m KICRGFiLMED s SEEN Dexter Marston, Zoning Administrator April 3, 1974 VARIANCE - Lot 26 - Tonkoview Gardens Present Zor*ng: R-IC I Acre Proposed Zoning: LR-IB I Acre PETITIONER: Lyle Rahn LXATION:I 146 WiIdhurst Trail STAFF REVIEW: Lot 26, lonkaview Gardens, is 31,600 sq. ft. and varies in width from approximately 65’ to 90’ wide. The lot width at the building site would be approximately 70’ wide. At the present time, there is a 20’ x 20* cabin on the lot. Mr. Rahn proposed to remove this structure and construct a year-round home. To the south is Tract A of Registered Land Survey No. 1116 which has a home loca ted on it. To the north is Lots 24 and 25, Tonkaview Gardens which was approved as a building site last fall with a variance. STAFF RECOf-WENDATION: Because this lot existed before the existing and proposed zoning ordinance, and due to the fact that there Is a home to the south and an approved building site to the north, a variance appears justified. A stipulation should be attached to this variance approval that no side yard setback variances will be granted. DM/ i g ' : ft L<VILLAGE OF ORONO rv Village of Orono P.O. nOX r,6. CRYSTAL BAY. M1\N. 55323 • Mt'NlCIFAI. OFFICFi> PHONE; -173-7337 0, .he Nor,b Sb,r. Uk. MiGRDFilMED April.'-n, 1974 The City of Orono wishes to inform you that !4r. Lyle Rahn t.as applied for a Variance permit for 1146 Wildhurst Trail. This matter will go before the City Planning Commission on the evening of April 15, 1974. tIons. Please attend this meeting should you have any comments or ques- Slncerely yours, / Dexter Marston Zoning Administrator KVig i J I Village of Orono VILLAGF OF OBO^p P.O. nOX «6. CRYSTAL BAY. MINN. SSrillU • .MLNICIPAL ()KKKT:S IMIONE: -I7:|-7:j.57 0» the North Shore Lake Minnetonka | fllS HE hi BEEN . t *h^iCfioniSiiEr)M April 3, 1974 Mr. Lyle Rahn 2546 Cedarwood Ridge Minne tonka, Minnesofa 5534 3 Dear :ir. Rahn: This is to inform you that Hto matter rogurding your application for □ variance will go before the City Plirmino Commission the evening of Apri I 15, 1974. Please attend this meeting should you have any comments or Questions. Sincerely yours, Dexi or M.jrston Zoning Administrator 7 DM/ i g \ . L CITY OF ORONO Regular Meeting of the City Council, April 8, 1974 The City Council met on the above date with the following members present: Mayor Se^rles, Councilman Butler, Massengale, Paurus, and Welsh. Butler moved, Welsh seconded, that the Minutes of the Regular Meeting of March 25, 1974, be approved. Motion, Ayes (5) - Nc\ys (0) . Mayor Searles opened the Public Hearing concerning the water project in the Hac3cberry Hill area at 7:40 P.M. The City Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing to affected property owners. After all members present were afforded an opportunity to be heard, the hearing was closed at 8:40 P.M. Paurus moved, Butler seconded, that the variance for John Anderson, 4191 North Shore Drive, be referred to the Planning Commission. Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Frederick Riebel, 440 Stubbs Bay Road, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Larry Berkland, 3550 Ivy Place, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0) . Paurus moved, Butler seconded, that the variance for John Zimmer & Melvin Dale, County Road #C and V7a ter town Road, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the variance for Lyle Rahn, 1182 Wildhurst Trail, be referred to the Planning Commission. Motion, Ayes (5) - Nays (0). 7:.30 ,P.M.... .. i fiiij Ui * «w 'I ♦3!; MINUTES PUBLIC HEARING Hackberry Hill Water VARIANCE 4191 North Shore Drive VARIANCE 440 Stubbs Bay Road VARIANCE 3550 Ivy Place VARIANCE County Road #6 and Watertown Road VARIANCE 1182 v;ildhurst Trail // V "■ -k** r ' • a 2k ••» «/e--?'-/ :' \ ^ -r^ ■•'mf _ A«>ii af m j?!^^if t-^ lots Th.' Zoninn Administrator explained to the .i;"'"'"!* So;lulrrM'”;r»tTlols (i^ccnblrfd before this particular problefn. Sover-il surround I no property owners rose to ®")!Sr-re^^:srer^"re:o:r"b-r;r;/^^ create the need for sower In the future. ■ r K Kullbern seconded that the Planninj Ccnmisslon C-asch i-oved, KuMoerg setonucfu „ Plann ng -M.A variance request until the *iay ^u, ° tdbl6 fcjUi/^h time th© Zonin i AdiTii ni strdtorComlssion meoting at which time me ionm., ‘ a rr»mi jficndat ion. •V will sjb.^iit n rcoai^nendation. r •* Tho roti + ione'- bos requested a °'^1‘^Jore ■•■:■ 31,600 SI. ft. end approx 1.ate IV ?0' ride .n a I. ou e rone. routh of Lot 26, Vor.kaviow irdens, is o lot wit n^rtb is Lot 24 L 26 Tor,Kovu.w Cardens .. Which VOS ’rjntod a variance last foil. / ' Kanested .xavod, J.-.sch seeondo.l tb,.t a variance be approved • •! i. i,,.,^c5iblo to pick up additional property on ll^er' iue rt'he !ar an'ce Is Conditioned upon the re.>pv- r, Cf ttoCxKtin, structure and the petitioner should ur- Uorstsrd that no side yard varijn.;os will bo approved. Ayes (7) *Jnys (0). Ayes ^ ^) il! /s ^0) • > cn ,. nd-li ,Tntn..ed the 2<.n..n AJ.,,inis1rjt.v and reques ted C-aC ni'?. .pslicalion be 1 |hi-d until he has .m opp<.rtun.tv . j'. fo .r. )t tlH' I. i.C. *. •« « .*r -Ch.jm. has purenaseJ Lots t -md 0, .-Iocs 7, iinnaionke i'd.-lV l ark. Iho lot is no- vide and opproxl xatoly IC.OOd t Thu ...ini.su.. lot sire in thl » ,>ro.l .s i ’ere e th a .-as putted -r;,r;vr*,s::ctrr;n;:- ;r«“C^Co"nrn,'’%Cuirement;. LooKln., at - like "*is, but since the standarkl has been os-^.i.inshec. o ■ii: CCcl.ahd.at ion s.oaid be .»ade on this fartiauiar a,,rl • est Ion. ' .r . . » * * . ' WCROFlW r X J O U: % • 4 • ■ 'kiM. •V • •.•*■ 2-V/p- :• # m Lyle .^hn Variance Arthur Ahli^ Variance \!lc’i Fro.lonc’jH Variance ,’ctlapc.s) * •?. % • ■'■ksk ^oh □OM Vc3r 13HCO .* .1 #>/■/.^ A - . X Tonka Viev; Garde no * * • Richard C. Eye t t (Plat No. ^*^500) '1; . i;-I ^ . t' *• ^ r 141 i . C * ^ %J Joe H. Hannon Roger Eyboth i2954 Yosemite Ave. S. 5 Lots 13-17 '1600 B, Reillng 1627 S. 6th St., Mpls.Lots 22-23 :2500 , Tom D. Scholer James Hill 3509 Winnetka * < t « ' Lots 2h & 25 1 1 2700 Lyle E. Rahn 23^6 Cedarv/ood Hdg.Mtka.Lot 26 2900 Gary Welsh Ht. 1, Lox 2/5 I’lound Lots 10 & 3: < 3350 ► James H. Phelan lit. 1, Po>: 291 Mound 5^00 Harvey A. Schultz Box 282 Wildhurst Tr.•55500 Plat No. ^3129 Re p. Land Survey Mo. 1019 Ralph Johnson Forest Lake Landing Tract A 1500 Roger Kraines 5420 3 Pts. Blvd., Md.Tract B, C & ?3000 Ralph Johnson Forest Lake Landing Tract D 6000 Roger Byboth Rt. 1, Box 285 Mound Tract E ; 7500 Reg. Land Survey 1116 (Plat No.' U31U5)♦ 1 Edwin Sandin 1186 Wildhurst Trail Tract A i 1 hooo j D. J. Kruskopf 13^27 Washburn, Burns.Tract E f ; 8000 • (Reg. Land Survey No. 1132) Mathias Hafner 2825 Dupont Ave. So.Plat No. 43IU7 5000 I, f i! t! Councilman Butler departed the Council Chambers at 10:55 P.Il. and returned at 10:60 P.M. Uelsh moved, Searles seconded, to approve the variance of David Slavik and Donald Schultz, 1921 Eagerness Point Road, Plat 42220, Parcel 3700. Motion, Ayes (3) - Nays (0). Paurus moved, Searles seconded, to approve the variance of John Anderson, 4191 North Shore Drive, Lots 53 & 54, Highwood Lake Minnetonka. Motion, Ayes (3) - Nays (0). Welsh moved, Butler seconded, to approve the variance for Larry Berkland, 3550 Ivy Place, Plat 43480, Parcel 500. Motion, Ayes (4) - Nays (0). Uelsh moved, Butler seconded, to approve the variance of Lyle Rahn, 1146 Wildhurst Trail, Lot 26, Tonkaview Gardens, with the access being off of Wildhurst Trail and that the setback on the property will be similar to others with no side yard setbacks being granted. It is also understood that with this approval goes the understanding that the small house that is standing on the property now will come down. Motion, Ayes (4) - Nays (0). Butler moved, \7elsh seconded, to approve the variance to Arthur Ahlm, 3550 North Shore Drive, Plat 42500, Parcel 6600, Lydi-rd Park, and that a building permit also be g'- in ted to this property and the granting of this, building permit is a variance to the moratoriur.* and that the hardship in this particular case was considered to bf* a home already existing on either side of the property and 'ust a few 100' were involved. Motion, Av>.; ,M) - Nays (0) Butler moved, Searles seconded, to approve the variance for Uanda Rehmann, 4105 Oak Street, Plat 42620, Parcels 3300-3350, Minnetonka Summit Park. It was realized that there was no more land available. It was bounded on three sides by streets and that the septic sewer system is to be approved bv the Council when occupancy occurs prior to tliQ sanitary sewer line going in. A variance • - the moratorium is hereby granted in t.iis particular case. Motion, Ayes (3) - Nays (i). Councilman V7elsli Nay. Page 7 iHiv Bf£K MfORSfiiMED VARIANCE 1921 Fagerness Point Road VARIANCE 4191 North Shore Drive VARIANCE 3550 Ivy Place VARIANCE 1146 VJildhurst Trail VARIANCE 3550 North Shore Drive VARIAI7CE 4105 Oak Street ■ • * THIS ilElil US been MICBOFIIMED T(V.nick Benson F^vO:»: i'ank 'V.lucii DATB: July 22, 1075 nX:Lvlc - 1146 Kilt’Jiurst Trail # '’arinnee - I.ot area anJ nJdth ?’r. Bii’in is rcqiicstinn a variance fron the required lot area and •.idth of his nronertv located in a LB-IB, I acre zone - lot area of 7 Q-^t; so. ft. fron t!ic required 43,560 so. ft. to t!ne >frstinf 3*6 525 sq. ft. and lot v;idth fron the reouired l^Oex IS t inf _ ___ feet to tlle* exTst i nr 8H ft. Mr. Rahn obtained. CoJincil annroval of a variance on this lot in April, 1074. He v’as unaware of the fact that our ordinance proviiles for a one year linit on these variances, iie lias scheduled con struction of a nev; hone on tliis parcel, but now learns another var iance is reouired. 'Hie sane situation exists as v.'hen tlie nrevioas variance was pranted. I.'O otlier adjacent land is available, ’’r. l\alin also aprecs to rcrovc the old structure within 50 djiys after occupancy of the nev structure. ORONO CJOUNCIL MEETING HELD JULY 28, 1975 Page 4 Butler moved, Paurus seconded, approval of the conditional use permit for Dennis Sullivan, 3133 Casco Circle, to rip rap his shoreline residential property, conditioned that rock is used as a rip rap material. Motion, Ayes (5) - Nays (0). CONDITIONAL USE PERI'IIT 3133 Casco Circle THIS lUti KiS BEEK MIGfiOFILMED Mr. Henry Muhich, Building & Zoning Administrator, discussed the status of the Cheyenne Land Company proposal to rezone their property. The Planning Commission has agreed to table the proposal for lack of information until August 4, 1975, or until such time that additional information is available. REZONING Cheyenne Land Company Mr. Henry Muhich, Building & Zoning Administrator, informed the City Council that I4r, Ralph Burnett, 2040 Shoreline Drive, has submitted a platting proposal of the Scott properties which will appear before the Planning Commission August 4, 1975 at a public hearing. PLATTING 2040 Shoreline Drive Paurus moved, Butler seconded, to deny the request submitted by Muriel Senn, 4448 North Shore Drive, for a variance fiuiu the 75' setback and hardcover requirements as recommended by the Planning Commission. Motion, Ayes (5) - Nays (0). VARIANCE 4448 North Shore Drive Mr. Henry Muhich, Building & Zoning Administratcr, discussed the proposal of the Good Shepherd Lutheran Church, 3745 Shoreline Drive, for a Day Care Center. The Planning Commission has scheduled a public hearing for August 4, 1975 at 7:00 P.H. CONDITIONAL USE PERMIT 3745 Shoreline Drive Butler moved, Paurus seconded, to approve the subdivision and lot area variance of Lot A and a conditional use permit for fill for Mr. Ed Lehman, 3525 Shoreline Drive,conditioned on submitting a topographic map and the City Engineer's approval in establishing and maintaining an easement and drainage. Motion, Ayes (5) - Nays (0). SUBDIVISION, VARIANCE, CONDITIONAL USE 3525 Shoreline Drive Vt^elsh moved, Butler seconded, approval of the VARIANCE variance from the required lot area and width U46 Wildhurst Trail for Mr. Lyle Rahn, 1146 Wildhurst Trail, conditioned / on >^^Tro\71 nrr ♦•Ho oirl r*i ir* ♦- \ ‘ITion removing the old structure within 30 days after occupancy of the new structure. Motion, Ayes (5) - Nays (0). Mr. Muhich, Building 6 Zoning Administrator, reported that Mr. Louis Oberhauser representing the Herrick property has not submitted his request to rezone the property as originally agreed per Council meeting of July 8, 1975. HERRICK CIRCLE TO:Planning Commission PROM: Jeanne A. Mabusth, Building S Zoning Administrator DATE:June 12, 1985 SUBJECT: #930 Jim Schaver, 1080 Ferndale West - Variance Zoning District - LR-IA Pertinent Ordinances - Section 10.21, Subdivision 2 - Lakeshore Hardcover Section 10.23 Subdivision 6B rear setback List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Property Owners List Plat Map Applicant's hardcover review Resolution #1181 Survey 4-4-85 Site Plan Staff comments concerning hardcover facts reviewed by applicant The applicant has included only the area of dry buildable for hardcover credit. Section 10.21, Subdivision 2, does not exclude wetlands areas in determination of allowed hardcover. If you merely considered an allowance of 25% for the total lot area at 184,000 square feet, the property would receive a hardcover credit of 47,000 square feet. The majority of the drainage from the development of the lot will drain to the wetlands not the lake. The wetlands also serves as a retention basin foi much of the surrounding development. The severe limitations placed upon the dry buildable portions of this property within the defined building envelope will limit development. I would suggest the City refund $50.00 to the applicant upon completion of the review. Rear Setback Variance Required = 50' Proposed = 37' Varianct = 13' or 26% The applicant claims the dry buildable land or building envelope of this lot is severely restricted making it impossible to locate a moderate house (approximately 2,700 sf of building pad) in comparison of surrouding West Ferndale neighborhood and meet required setbacks. The total dry buildable is 20,700 square feet or not quite a half-acre and the building envelope is designated with two acre lot setback standards. J .•J #930 Jim Schaver Page 2 June 12, 1985 I have enclosed Resolution #1181 that approved sewer service to this let. The resolution finds that construction of a single family residence on the property, if properly done according to all zoning performance standards, would be in keeping with the intent of the Community Management Plan. That same resolution also makes a factual finding that the property consists of .6 dry acres when in reality the lot contains .49 acres. The City in approving sewer service to this property did not determine the actual building envelope. Early plans show a miscalculation is determining boundaries of wetlands. Staff has only recently been made aware of these facts. A less ambitious house may not be feasible for this neighborhood—but this is not our concern. Are the hardships claimed by the applicant valid? Staff has heard nothing from the surrouding neighbors. If you deny, consider the following '’indings: 1. House is too ambitious for building site or on.'-^lope. 2. Most affected neighbor objects to substandard setbacks???—he may appear at meeting. If you approve, consider the following hardships and findings; 1. The dry buildable area is less than a 1/2 acre, but subject to 2 acre setback standards. 2.The majority of the lot is a 2 1/2 acre wetlands that serves as a retention area for surrounding neighborhood. 3. Sewer is available to property. 4.The proposed house is consistent with older developed lots on north side of road where majority of lots also have extensive wetlands and restricted building envelopes. r 'li /^'SC ^ f ^ ^ (. A L»fi- CITY OF ORONO VARIANCE APPLICATIOI^'A v Iiiitial Application Fee $150.00 ($50.00 per each a After-thc-Fact Fees #930 aacfitional project) PROPERTY LOCATION Site Address IQ80 Fr>rndal<=> Rnad Wr»<;r________ ^ Property Identification Number (P.I.D.) 02-j17-23-43-0011 Please check one — Is the property X abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Shaver Corp. of Wayzata Name Jim Shaver Phone 473-7391 Mailing Address 259 E. Lake St.. Wayzata OWNER Lakeville Elevator Co. Name Harold H. Tearse Phone 341-3600 Mailing Address P.O. Box 15105, Minneapolis, Mn. 55415 Date Property Acquired July 15, 1981 (r. onth/yeur) I OO0O (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District L.R.-lA Present Use of Property Residential vacant Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $200,000 Describe request in detail: rear yard setback from 50' to 37' hard cover coverage from 28.17. to 3b7o VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other Nnnr> (OVER)j llARDSm P Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: The high percentage of wetlands to dry, bulldable land of this uniqu^ lot creates undue deslp.n difficuTties without consideration to variances and the existence of available sewer. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS i Describe unusual property conditions preventing compliance with Zoning Code Requirements: see above REQUIRED SUBMITTALS 1. Completed Application Form. k.2.Certified Property Owners List of owners within 150' (you can obtain this list f rom Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4, Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember thac your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE e app icant hereby agrees to provide all information required or requested by the Zoning Administrator^, agrees to pay all fees^3/or unusual expenses incurred in review of ihis application, and certifies the information supplied is true and correct to t he best bf his/he^-^lfnowlgdfc^ Applicant's signature OWNERS SIGNATURE Date 5/23/85 res., Shaver Corp. of Wayzata The owner hereby abkfiowledges a^d agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members Lor^urposes of investigation and verification of, this . — t. Owner's signature'Date 5/23/85 La kev 11 lo E leva tor Applicant must have all submittals into the City offices 25 days before the anning Commission Meeting. Planning Commission Meet ings are he!d on the third Monday of each month. 11 i RUN DATE 05/23/65 BATCH 002 PROP AODR OWNER NAHE TAXPAYER NAHE/AOOR PROP AOOR —- OWNER NAME (n TAXPAYER ^ NAHE/ADORX X lU PROP AOOR OWNER NAHE TAXPAYER NAHi/AOOR .f*: ■SI PROP AOOR OWNER NA £ TAXPAY^ < NAHE/aOOR r 36 02-117-23 A2 0006 HOOOHXLL COUNTRY CLUB WOOOHIU CNTRY CLUB 200 WOOOHILL RO WAYZATA MN 55391 36 02-117-23 A3 0002 01070 FERNDALE RO U 6000RXCN LOWRY ETAL BOOORICN LOWRY 1070 U PERNDALE RO WAYZATA HN 55391 U 02-117-23 A3 OOH MOORICH LOWRY ETAL 8000RXCN LOWRY 1070 M FERNOALE RO WAYZATA HN 55391 02-117-23 A3 OCll LAKEVILLE ELEVATOR CO LAKEVILLE ELEVATOR CO 710 GRAIN EXCHANGE P 0 BOX 15105 WL% HN 55A15 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 02-117-23 A2 0009 THE NATURE CONSERVANCY THE lUTURE COtlSERVANCY 326 E HENNEPIN AVE MPLS MN 55A1A 36 02-117-23 A3 OOOA GOODRICH LOWRY cTAL GOODRICH LOWRY 1070 W FERNOALE RO WAYZATA MN 55391 36 02-117-23 A3 0007 LAKEVILLE ELEVATOR CO LAKEVILLE ELEVATOR CO 710 GRAIN EXCHANGE P 0 BOX 15105 MPLS HN 55A15 36 02-117-23 A3 0016 01105 FERNOALE RO W RALPH C DAGLEf RALPH C DAGLE*. 1105 FERNOALE RO W WAYZATA MN 55391 REPORT NO. PIA35A01 PAGE A 36 02-117-23 A3 0001 THE NATURE CCX^SERVA^KIY THE NATURE CONSERVANCY 328 E HENNEPIN AVE MPLS MN 55A1A 36 02-117-23 A3 0005 HEiorr n sharp UZfWt M sharp lOAS W FER(Z}ALE RO WAYZATA MN 55391 36 02-117-23 A3 0006 WOOOHILL COUNTRY CLUB WOOOHILL CNTRY CLUB 200 WOOOHILL RO WAYZATA MN 55391 36 02-117-23 A3 0021 01065 FERNOALE RD W R i C LirOSTROM RICHARD L LINOSTROM 1065 W FERNOALE RO WAYZATA MN 55391 #930 PROP AOOR OWNER NAME TAXPAYER NAME/AOOR 36 02-117-23 A3 0022 C1055 FERNOALE RO H ODD K ROVICK CTAL 000 K ROVICK 1055 M FERNOALE ROAD WAYZATA MN 55391 36 02-117-23 A3 0023 01095 FER140ALE RD W B i K FOX B C A KATHERItlE M FOX 1095 M FERNOALE RO WAYZATA MN 55391 TOTAL BATCH 002 OOOIA iL RUN DATE 05/23/65 BATCH 002 HEmtPI^4 coomr wopcrty nfomm \tiuh sisum PROPERTY OWNERS LIST REPORT MO. PI^35^01 PAGE S •1 #930 I CEPTIFT THAT THE FACTS PEPBESEHTEO ARE AH ACCURATE A»B TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE CN THE RECORDS OF THE HENNEPIN COIAnY DEPArTMEHI OF. PROPERTY TAXATION, TO THE DEST OF MY KHOHLEOGE AND BELIEF. , / ^ / ) DATE -T a ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE SETBACK ZONE A. Existing lot area in zone B. Existing hardcover in zone C. Existing hardcover percentage ((BtA) X 100] D. Proposed hardcover in zone E. Proposed hardcover percentage I(D^A) X 100] F. Allowed hardcover percentage £J 0-75' XX 4lJ 75-250' 250-500' 500-1000 • Totals Directions: 0 sf 0 sf e %0 sf 0 0 % 7,850 s t « 0 sf 0 375 sf ■'♦.3 %25 % 12,868 sf 0 sf 0 /O _ 6^8_84_sf 53.5 30 0 • sf 0 sf 0 0 sf 0 %35 % 20,718 7,259 38 % 28.1% (weighted avergages from above) A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain-iirjpervious surfaces within the specified zone* C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100 D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. - - E. Proposed Hardcover Percentages - divide the numbt.*,. .n D by the number in A and multiply by F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 100 . to discuss the possibilities of obtaining a variance. Generally, if u concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. t FVHIBIT (DMy ©ff OIRlOr^O RGSOLUTiOrj OF THE CITY COUiCCIL KO.1181 DETEnniIlIIIG TIH'iV SiiiiXiUii CCHTICn WILL EC PCOVIDZD TO VACfj;-? LOSETn) oil U*CCT FCniHL'lLD EOTJ) TJIZ'CJ 13 1>ZZ‘2Z€33 C7 LOT C, L'ORTil CC0E3 COTfAGC ACECO LCJC3 vniCREAS, the City of Orono io a c\ir.icl?cl ccrpcratlco ov^enLze^ Olid c'liDtiruj unclcir the Xcue of the Etctc of LxmiCCCtL; cnJ vniEnc/J5» Scuor Project CO-1 v;co InitictcJ Ly t!:o City to colvo existing on-site sewage treatment problems in tlis ni;»r.ctcmbQ Eluffc-wcet rerndalc area, within which the following legally described property io located: PIIJSO 02-11/-23-0007 . . ^ , That part of Lot G, Worth Chore Cottage T.crce LcLo Iw.nmetcei:a lying nortliwoctcrly of a ctraight lino p^allcl uitli tl:e extreme ocutlicactcrly lino of Lot C rurming tl^cagli o p^in in the northeasterly lino of said lot a cictanso CO ft. northv;estcrly from tho nHset aastcriy camet ’ Ll.trcef. A* k4 W • •• • wPIUSO 02-117-23-OOli , . The nortlicQctcrly 25 fccw of tho riOrtlAw.'cctcirly 25 Ccot o2 Lot 9 Worth Chore Cottage Acres LaI:o Uinnetenka; end IJIlunCi'.G, said parcel io under cing'lc separate c-.nership not owned in cermen with any other abutting or bcarhy prcpertico; and vnisnCAG, oil adjacent lots are occupied or arc considered a designated wetlands; arid imCHE/.G, tl»e total area of tho parcel is appreninatoly 3.0 acres, of wnich apprcnirietcly O.G acres io dry Luilclablo lar.d ascerding to all Information the .City has available, as canpared to tl.e cnicting coning regulation requiring 2.0 ccico per building site; ai'.d I hllcrJl-'.G, said parcel io iiCt buildablo without cno or more variances from the csioting conii.g ccaej and Cib^rJlhG, cor.r,truotic:i of o ciirjlo Cc'jily ucoidarce cn t!.e parcel, if done accordir.cj to all cc::b:f; pa:;fcama::ce ctar.dcriie, w..a:d i.ot be ccntrcL- to the iiitcnt of the Cemmunity r.L::a'jc_aut Plan; ar.d in:cn:r.G, failure to provide ceuer cccvlco would rake U.e parcel unbuildablo bccauco of insufficient rcs:a to provido for houoo, well, and primary and future septic system drainfloldj and WIlCkEAC, sewer will bo cvailabio In the street or rlgUt-of-woy adjacent to the property upon completion of ccucr project 00—1# PAGE ' — ^_OF.. 1 I I- i; > i# t L CMy CDff OMOI^O (I'iVN/ I (0): RECOLUTION OF THE CITY COUNCIL NO. ' Iff}'I THCrjpOHE, &E IT KESOLVEO* by tho City Council of Uio city of. Orono that it is rcaconablo to pcoviCo couor scrvico to tho prcporty so as to preserve a cubctcntipl proi;;crty right o£ tho ouncr. Sevor service will bo provided to tho property* ho^.•ever* providing thio cover service does not in itcclf conctiteto granting of any zoning' variancco which way bo required now or in tlio feturo to peneit construction on the let which variances if epplied for chell be reviewed on their own merits a;id circumstances at that time. of Adopted by the City Council of tho City of Orono on tho li August - 1900. / • •' // ■///// William B.'-^an Nost, Hayor ^ Walter l^’bensonTcity Adminir trator rage 2 of 2 i .«/ #930Certificate of Survey for Harold H. Tearse Ji . in Lot 6, North Shore Cottage Acres, Lake Minnetonka Hennepin County, fiinnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of that part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying Northwesterly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the North easterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be described; thence Southwesterly parallel with the Southeasterly line of said Lot 6 to the Southwesterly line of said Lot 6 and said line there terminating, and that part of Lot 9i North Shore Cottage Acres, Lake Minnetonka, described as follows: Commencing at the Northwest corner of said Lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with Northeasterly line 25 feet; thence at right angles Northeasterly pcirallel with Westerly lire 25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of beginning, and the location of all buildings, if any, thereon. It does not purport to show any other improvements or enc.'’oachments. COFFIN & G.?0NBERG, INC. mXI Covv^c.v' Ce> yy- Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Scale uate o 1 inch = 100 feet April 4, 1965 Iron marker # ^» TO;Planning Commission FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE June 13, 1985 SUBJECT; #931 J. F. Fleischhacker, 2775 Shadywood Road - Conditional Use Permit Zoning District - LR-lB Pertinent Ordinances - Section 10.03, Subdivisions 19 and 20 Application - Conditional Use Permit required for the excavation of a section of shoreline to prepare for installation of sand beach List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Property Owners List Plat Map DNR Permit Application Applicant's Sketch The applicant's rip rapped shoreline is eroding away behing the stones. There are signs of severe erosion along approximately 70' of the shoreline. The applicant has already recei'^ed approval from the DNR and MCWD for the project. Staff had originally advised the applicant that th-i installation of a sand blanket alcng the shoreline does not require City approval but when he advised of the need to also excavate, we asked that ne file a formal application with the City. The project will involve the removal of approximately 35 cubic yards of fill along the edge of 70 feet of shoreline and the placing of fresh sand if needed. The specific section of shoreline is rot high enough for rip rap to be effective. Rip rap will be installed au Sections B & C on applicant's sketch (see Exhibit E). Staff Recommendation To approve the conditional use permit application for J. F. Fleischhacker finding the project to be in keeping with the intent of the standards for shoreline use as set forth in the Conununity Management Plan. i J f * #931 ■:il- 1130 ■^loo oc CITY OF ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 7 7 'J ff/f (f^CA ■ Property Identification Number (P.I.D.) //7- abstract or torrens?Please check one - Is the property ____ (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT r/ It In < If'Phone V7/ — Mailing Address X? 7^ sSA ^ 3/ OWNER Name >7^/r /r'/ <________ Phone V 7/ ___________ Mailing Address ^ 7 Mr a J ir cf ;6r/ . /w>-7 ST3Vy ^ ^ ^ Date Property Acquired /g/ . / ^77_ _ _ _ _ _ _ (month/year) I (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS $100.00 a)Residential accessory Use $150.00 b)Institutional (church, school, etc $150.00 c)Duplex Credit/Bldg $250.00 d)Commercial/Industrial Use $200.00 f )Land Alteration (grading, filling) PRD/riD - s ee fee schedule Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Otlier -see fee schedule J 1 PRESENT USE OF PROPERTY Present Zoninej District Present Use of Property Other .(specify) DESCRIPTION OF REQUEST Describe P-e //if? s Jt erf / / /1 e request in detail: ^ 4-fill u//j^a. n r ?■ S i/.'/^ ^ ij ~6./f~'Y i ft ^ ^ « T~h^ f‘ y/i I >• r 5 ^ ^ ^ ^ V Tsf fc~^- r T/ .* '^(1 A fC/f / i u^y^e! ____________ _____Jjj^y€.. : ^ •'P'/y r^*-'iy i Pc> f \ ’f' ty^c'StCfi A/ac }c "t ^ ^/C/.e> {/<fj e^'i Ijf' ti /c<-^ i'<p Po REQUIRED SUBMITTALS 1. Completed Application Form, 2. Certif i ed Property Owners List of owners within 350 ’ (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. Nil# 5. Construction plans, if applicable. 6. Plat Map. 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. APPLICANT'S SIGNATURE The apolicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees topayall fees and/or unusual expenses incurred in review of this application, and certifies that tne information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNERS SIGNATURE The ownf'.i hereby licknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agent.s, '■.tinnissicn members, and Council members for purposes of investigation and verification of this request. Owr?r’s signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commi ssion Meeting. Planning Commission Meetings are held on the third Monday of each month. * I I Certified property owners list of owners within 350' of 2775 Shadywood Road ^ 20-117-23 11 0015 1ST NATIONAL BANK OF NAVARRE COUNTY ROAD 15 & 19 NAVARRE, MN 55392 21-117-23 24 0060 EDWIN W. RAWLINGS 2765 SHADYWOOD ROAD EXCELSIOR, MN 55331 21-117-23 24 0059 RICHARD & MARLYS OGLE 2922 OAKLAND AVENUE SO. MINNEAPOLIS, MN 55407 21-117-23 24 0054 THOMAS J. CASEY 2785 SHADYWOOD ROAD EXCELSIOR, MN 55331 • ■ ^ • • • EXHIBIT 21-117-23 24 0005/0029 PAUL C. CARLSON 2735 SHADYWOOD ROAD EXCELSIOR, MN 55331 21-117-23 24 0040 WILLIAM A. ANDERSON 2760 SHADYWOOD ROAD EXCELSIOR, MN 55331 21-117-23 24 0028 DAVID T. HOFFMAN 2675 PHEASANT ROAD EXCELSIOR, MN 55331 21-117-23 24 0041 CHARLES & NANCY A. OLSON 2780 SHADYWOOD ROAD EXCELISOR, MN 55331 21-117-23 24 0034 PATRICIA DUNSHEATH 2740 SHADYWOOD ROAD EXCELSIOR, MN 55331 21-117-23 24 0042 RONALD H. ROELOFS 2800 SHADYWOOD POAD EXCELSIOR, MN 55331 21-117-23 24 0055 R.A. STEIN E.J. WOLFENSON 2795 SHADYWOOD ROAD EXCELSIOR, MN 55331 #931 V v*-- - V • i *. * rV V •. ••• •'• - ••• •* NA-02622-02 Rev. 12/81 Sf'OEPAftTMfNT OF NATURAL RESOURCES PERMIT APPLICATION TO WORK IN PROTECTED WATERS OR WHIANOS liRCunmc OM sAFmi D PARTIL *. / ► ► Please read instriKtions before attempting to complete this application H25IIp'A 'Nb USE ONLY irkr-iaa/toi □swco nc/c □wD nuscoe Applicanj^s Name (Last. First, M.l.)Authorized Agent (if applicable) Address (Street. RFO, Box Number. City, State. Zip Code) i2b- g-ntm <;iov’ Quarter SectiQn(s) Telephone Numbers area cooi ( ) '/ 7 / > ^ '•■’'7 Government Lot(s) N(P r iJi Fire No., Box No. or Project Address Sections(s) 'A> 1 Township(s) //7 j County . ^ //tr^uiepi kn H. PROPOSED PROJECT Range(s) 2.3 .Tracts E.FHC, Project will affect Lake. Wetland or watercourse lake to//kc^ □ fill JB excavate □ drain □ construct □ remove □ other (specify) □ abandon □ install IV. ESTMATTO PROJECT COH III. PROJECT AREA □ dam □ lake □ wharf □ bridge □ harbor □ riprap □ channel □ culvert □ wetland □ shoreline □ obstruction □ watercourse □ sand blanket □ permanent dock qW(s^ify)‘ : 'j i ' * M --i ./II- i /i'c‘» ^ r /ifi, a H C / f J ■HEF EXflAIATION OF PROJECT . y& -ft. of s J)C J ^ J.ctvii -t o j-p y\t<CSi^^ry o.d'J cft\^n t c n c-i'n<-( JUSTmCATiON (Explam why this project is needed) 7> ‘ ‘ 17*777 it_• <>» u♦» j/;i•</ m to (ie At7 f) ^ Jt ^ a o S ! C $f ( /C'*' ! t\ ^ i H Z ^ ‘ ^ ^ (t i ^ f / n ft 4,t'' / / <* t/v 3 O- R| ^ / A CC. n / i p%,\% t i ' i 9 / "T At ^ / '• .J" 10 ^ t t . *op »’-//. T thtf yclAttvrU tJi^ ■> 0. J h m/if-crC, tr.~tc f A(-> /«.' A'- / A» », -f A t' 1' ►‘■•A.j' (Kho f.'t'.- r^e <-v.*//. c i ftx.i tr< tl-iii if- het.jht <t*»n f.'k ’F “ >*‘iS f h ly h --.•■a ■ «• c» ♦>- * r’li-'i '■■fi ENVIRONMEIfTAL IMPACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental ehects) J /ii-jx //»ii.h \.y, //.,/< T. fre y'i f • / « f J\ t 0\ if C./&xnt\ *^h/Jy'h fc' 1,0,1 ,,yS /a. tv',t cj i o J a Kt‘ ^ ,t .\'{a Ait ttifii • Oft: Aj 7/ t t^sti\K4/ c t' /a‘V//I T• 77i c let < t / r t J y /> <, f i 1) I % t yfc> of f'l'i iJ'>'} tKfff', »>c ALTERNATIVES (Other alternatives to the action proposed) . . , . . pj C t\ \ iUc^'t T I'-k'c uy C- ( ‘ ^ *’Atf, M t-1> f 1 he-ve J’Zooit^'/ ;■ A •£ St t’yf) tc KS 7 /<•/.'»• c i&i/tr cn 11\! ^ pfcpCt iy I' J ck. e/f S o/«t' C /1'< i ...y (o *>■> p hi c f y // ..j .4 jc *-//./ I heretiy make applicalion purwtant to MinnesoU Statutes Chapter 105 42 and all supporting rules lor a permit to •ork in or sRect R«c above named proieciod «aief($) in accordance with an supporting maps, plans, and other inhirmation submitted with this ^Icabon The inlormation tubnmd and statements made concerning this application are true and correct to the best of my knowledgo. STATE OF COUNTY OF AL< >T fT>a jt ,M. e_A Subscribod and sworn to before me this ^ 3 day of to 3 S' Signature ol Owner or AplhorUed Agent ^ O- c ff/u-t eft (Ir~- Data -I,?- rs Signature of Data My commission expves ^ ^ / 7 <5' 7 Distribution: White; ONR Blue: SWCO Green: Watershed District Goldonrod City or County Pink; Army Corps of Engineers Canary: Applicant SCALE -.OSS’"- J ' XX t T LOT L/Nf /■. water LiNJE -e'’ 6 /4Rt4 ^ARiA "C -*—20 % i 7 i_ T’RE.'.S A ../«o ♦ excavate to form beacr TO This line B •^1 i\_JSr LOT LINE La \A/N i« •«•*« WATffA beach f4J i .lAr,r iW CROSS SECTION A-A relationship or la \nn ,beach , $ present water level on NEIChBORMC LOT. (water never REAChE% LAH/n ). natural reach level MAY REOt/iRE SOME SAND FjLL CROSS SECTION B~B SHOWIwa PRESENT RELATIONSHIP BETWEEN WALL, WATER LEVEL $LAWN AREA colored red represents THE Material which must be removed to PUPLICATE THE CONDITIONS FOUND CN THE NEIEHBORIN6 LOT. note: t, AREA A" tS g" TO /O' ABOVE PRESENT WATER LEVEL,(no T HICH ENOUGH FCR Rip~f?AP To BE E FFECTtVE, PROPOSE EXCAVATION. . 2. AREAS 'B" 4 C ^ 3L“ ABOVE WATER LEVEL, TO BE RIP-RAPP£D. 2-7IS shady ^VOOD no.,EXCELSIOR TO FROM: DATE: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator June 12, 1985 SUBJECT: #932 Ward E. Edwards, 2474 Carman Street - Variance Zoning District - LR-IB Application - Lakeshore Setback and Hardcover Variances List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application with letter of request Plat Map Property Owners List Survey with hardcover calculations Staff sketch CO Letters from adjacent property owners Airphoto L Ward Edwards is requesting to locate his new home at a distance of 50' from Lake Minnetonka. He has a very unique lot which actually fronts on County Road 15 but extends acros'. a lagoon to the proposed building site which is accessed by a d,.iveway easement over an adjoining property (see Exhibit E). The dry buildable land area of the building site is approximately 30,000 square feet or 0.69 acre. • The dry buildable land north of the lagoon is approximately one acre. Since this is a lot of record, the definition of lot area in the zoning chapter excludes the lagoon as dry buildable, but would seem to allow the crediting of dry non-contiguous lands within the same lot. If this was a subdivision application, the dry buildable would have to be contiguous. The question to be answered is, should the applicant be required to forever credit a portion of his dry buildable land north of the lagoon toward the buildable area, which would limit his future subdivision capability? He may need or want to keep the northerly portion as-is anyway, since it is his only road frontage. Interestingly, the northerly 496 feet of the property, or in effect the entire portion of dry buildable land north of the lagoon, is zoned LR- lC-1, not LR-IB as the building site is. Now, looking only at the building site, note that we have to deal with two75' setbacks. The hardcover numbers presented by the applicant' s surveyor take into account only the lake setback, not the lagoon setback. Hence, the total area of the building site within 0-75' of shoreline is actually 18,750 square feet, with only about 11,250 square feet in the 75-250' setback area. This mathematically raises the 75-250' hardcover percentage but lowers the 0-75' percentage. r #932 Ward Edwards Page 2 June 12, 1985 The critical and rational point to consider, then, is which direction will the hardcover drain to. It should be directed to the north, so that in the case the variance is granted, drainage from the house and driveway will travel over or through 100 feet of lawn area before reaching the lake. If all runoff can be directed to the lagoon, the following hardcover numbers would apply; 0-75' = 9,375 sf total area 75-190' = 14,375 s.f. total area 0-75' (lagoon) existing driveway = 1,400 sf (15%) 75-190' (190' is the proposed drainage break) House 2,800 ± sf Deck 360 ± New Driveway 1,200 + Sidewalk 60 + Existing driveway 520 ± Total 4,940 sf (31%) sf sf sf sf 0-50' (lakeshore) 0 hardcover = 0% This method of calculating hardcover is unorthodox but accomplishes exactly what we are striving for in our runoff infiltration concerns, i.e. it meets the intent but not the letter of the code. Next, consider the average setback issue. Because the neighboring owners have stated that they value the views of both their lake and lagoon yards, they also request that the new house conform essentially to the setback of the existing houses. Although the average "line of sight setback" would be about 35' from the lakeshore due to the curvature of the lake, the mathematical average setback is 49.5' . As you can see from the survey, the applicants garage will encroach on site lines toward the lagoon. Based on the above facts and conditions, staff would suggest that: 1) The lot is buildable without a lot area variance because we are allowed to credit the non-contiguous dry buildable across the lagoon for a total of 1.7+ acres. 2) The actual area to be permanently credited should be enough to bring the lot area up to either 0.8 or 1.0 acre (Planning Commission — make a recommendation as to which) and this crediting become a clause of the final resolution, so that any future development of the northern portion of the property does not negate this credit. 3) The lot width of 125' is greater then 80% of the required 140' width, so no formal lot width variance is required. 4) The drainage f rom the house should all be directed toward the lagoon in order to gain the maximum infiltration time and distance. 5) Based on item 4, the hardcover in the lagoon 75-190' zone is requested to be 4,940 square feet or 34%, requesting a 9% variance for a new home. Your task is to determine whether any hardships justify this variance. #932 Ward Edwards Page 3 June 12, 1985 6) Applicant should not be penalized for the existing driveway hardcover in the lagoon 0-75' zone, and in fact his drivway proposal minimizes the additional driveway hardcover required. 7 ) As long as the 75-250' zone on the north side of the lagoon stayz non-hardcover, the applicant's overall 75-250' hardcover is lesv than 25%. Would you consider this as negating the need for a hardcover variance? Of course, it would mean that if the northerly portion is ever divided off, it suddenly increases the hardcover percent on the lakeshore building site. 8) The neighbors' request for the setback variance to allow for the least disruptive sightlines, to mair tain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, would seem to justify the granting of a variance to the lakeshore setback. The above items could be used as findings or conditions in your recommendation to council. I i .CITY OF ORONO - VARIANCK !£(, .06 -ihs- Initinl Application Feo $150.00 ($50.00 per each additional project) After-thc-Fact Fees ' . . . PROPERTY LOCATION ^ Site Address Lot 11, Block 6, Townsite of Langdon Park Property Identification Number (P.I.D.) 20-117-23-12-0027 (omno Please check one — Is the property abstract or torrens? ) i Please attach legal description to application if not included on required survey. APPLICANT Name Ward E. Edwards Phone (h) 927-9815 (o) 520-5558 Mailing Address 3545 Glenhurst Avenue, St. Louis Park, MN 55416 OWNER Name SAME AS ABOVE Phone Mailing Address _ Date Property Acquired October 1980_ _ _ _ (month/year) Family owned since 1955. I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District LR-IB Present Use of Property vacant lot Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $118,993 Describe request in detail: f requesting a variance from the 75 foot set back at tlie front of my property to a 50 foot set back. VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( 50' Front Side Rear) Other (OVER) i HARDSHIP Describe undue htirdship or priictical difficulty resulting from strict enforcement of zoning regulations: See Attached. DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unui ual property conditions preventing compliance with Zoning Code Requirements: See Attached,_ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal sized envelopes (# 10 ) pro-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide c^'.ll information required or requested by the Zoning Administrator, agrees to pay a.1 fees and/or unusual expenses incurred in re Vi ew of this appl i cation, and certifies that the information supplied is true and correct to the best of his/her knowledge^ Applicant's signature _t Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council mem.beis for purnoses of investigation and verification of ti^is request. __ _ _ ii Owner's signature Applicant must have all submittals into the City offices 25 days before the Planning Commi ss ion Meet i ng. P] arm i ng Commissi on Meetings are held on the third Monday of each month. U Q O O' 7/ilj O /W HARDSHIP This piece of property has been owned by my family since December 1955. In 1967» I began developing plans to build my retirement home on this property. In 1970, part of the property was declared wetlands and in October 1980, my mother, Amy Edwards, transferred this property to me. The hardships that will be encountered without a 50’ set back are as follows; , A water pipe will have to be'moved. . A mature pine tree and a large willow tree will have to be Over the years, trees have been planted based on a 50' set back. Hit trees will screen the house and provide for a more natural setting. . I recently invested over $11,000 to have a sewer line brought 'o the property. . The neighbors on both sides of the property want my home to be at the same set beck line as their homts. My brother, Richard Edwards, is 43 back from the edge of the lake and Mr. Ed Lehman Is 56’ back. Having my house In line with their houses, provides for more privacy. , I have a very unique view across the lake which is enhanced by the SO’ set back. If the set back had to be 75’, existing evergreens would block the view. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS The back portion of this property, immediately south of the lagoon. Is mostly peat, going down approximately 19 feet. This was discovered when the sewer pipe was laid in 1985. (An old creek bed is said to be in this sauic area.) The cost of laying the sever line was increased consldf.r®bly because of the unstable soli conditions. The back portion of the property, before the lagoon, is the lowest part of the property (932.3'). In addition to the peat problem In this area, water also drains to and collects here. The highest point of the property (936') is where the best soil conditions are found. If the 75’ set back prevails, I would not be able to see the lake from theCftbund floor windows unless I removed a considerable amount of earth. The driveways on this property are not hardtop, they are mostly dirt with some gravel. I will not be putting in hardtop driveways. This piece of property on which my house is to be located is a very unique piece of land. It has water on both sldes~ln front. Lake Minnetonka; in the rear, the lagoon. Because of the view, the existing mature trees, and the soil and drainage problems on the back part of the property. It seems logical that the house be constructed In line with the existing homes. It will also, with the 50* set back, fit in more naturally with the existing terrain. -12 * IS LIVINGSTON i A 16 17 '4 3 . A ; AVE 10 (t') M iTf J4 >0. to 'if-.y i«0 o 'W ^jL^y ____L_^9 . • > ’ ■•VnCM * 1 ^—^r^\ ’ 7\\^> M *••• oif I/O 1»33>£A5T i5C '6 V Vft a v4V V V' ^ ' rv\,‘ * <»>! ;*w 0 "'I (tO (*2>) ^^) t \ 9 i ^ fMf l*» •.''i |1 4--.* .._ b* ^4• I • NiT" 4l'50* ITS 11 J'-v? ,9<<r 4 B« («St*. 32 B 194 (9 M^4V A R R E Nf7*43'5#'T 4 r* ** - o • o* Shore line at per »9 7| Affiol Thct « RUN DATE 04/29/85 BATCH 001 PROP AODR OWNER NAME TAXPAYER NAME/AODR PROP AOOR OWNER NANS TAXPAYER NANE/AOOR PROP AODR OWNER NANE TAXPAYER NAME/AOOR PROP ADOR OWNER NANE TAXPAYER NAME/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR HENNEPIN COUNTY PROPERTY InrORMATION SYSTEM PROPERTY OWERS LIST 38 17-117-23 43 0091 03496 SHORELINE DR DAVID CHARLES BIE DAVID t BIE 1910 SHADYWOOO ROAD WAYZATA NN 55391 38 17-117-23 43 0094 '' 03472 SHORELINE OR GEORGE f PIPER JR GEORGE F PIPER 3470 SHORELINE OR WAYZATA NN 55391 38 20-117-23 12 0001 02400 CARNAN ST ‘ EDWARD T A GLORIA A LEHNAN EDWARD T A GLORIA A LEHMAN 2470 CARNEN ST WAYZATA NN 55391 38 20-117-23 12 0009 ELLEN N BUTLER LAVERNE A BUTLER 10685 CTY RO 43 CHASKA NN 55318 38 20-117-23 12 0028 02480 CARNAN ST RICHARD A EDWARDS RICHARD A EDWARDS CTY RO 15 BOX 127 NAVARRE NN 55392 38 20-117-23 12 0041 EDWARD T LEHNAN A WIFE EDUARD T LEHNAN 2470 CARNAN ST WAYZATA NN 55391 38 17-117-23 43 0092 DAVID CHARLES DIE DAVID C BIE 1910 SHADYWOOO ROAD WAYZATA MM 55391 38 17-117-23 43 0113 DAVID S PETERSON LOWELL R ZITZLOFF 1805 E WAYZATA BLVO WAYZATA MN 55391 38 20-117-23 12 0002 EDWARD T LEHNAN ETAL EDWARD il GLORIA LEHMAN 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0010 ELLEN M BUTLER LAVERNE A CUTLER 10685 CTY RO 43 CHASKA NN 5531C 58 20-117-23 12 0033 03465 SHORELINE OR G.P.H. COMPANY ALECK G OVERSOW 5849 RUSSELL AVE S MPLS MM 55410 38 20-117-23 12 0042 EDWARD T LEHMAN 8 WIFE EDWARD T LEHMAN 2470 CARNAN ST WAYZATA NN 55391 REPORT NO. PI435401 PAGE 1 38 17-117-23 43 0093 03400 SHORELINE OR GEORGE F PIPER JR GEORGE F PIPER 3470 SHORELINE OR WAYZATA MN 55391 •( 38 17-117-23 43 0114 03502 SHORELINE OR GOLDEN VALLEY STATE BANK LOWELL R ZITZLOFF 1805 WAYZATA BLVO WAYZATA MN 55391 ' ' ’ A.*.*''. 38 20-117-23 12 0003 02416 CARMAN ST EDWARD T LEHMAN ETAL EDWARD 8 GLORIA LEHMAN 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0 #932 WARD E EDWARDS WARD E EDWARDS 3545 GLENHL'RSr AVE ST LOUIS PARK MN 55416 38 20-117-23 12 0040 02414 CARMAN ST T 8 D Li:® THOMAS A LINT) ' 2414 CARMAN ST WAYZATA MN 55391 -A V.'l 38 20-117-23 12 0043 02470 CARMAN ST EDWARD T LEHMAN 8 WIFE EDWARD T LEHMAN 2470 CARMAN ST WAYZATA MN 55391 RUN DATE 04/29/85 HEh-NEPIN COUtJTY PROrERTY INFORMATICM SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PACE 2 BATCH 001 PROP ADOR OWNER NAME TAXPAYER rUME/ADDR 38 20-117-23 12 0048 CITY OF ORONO CITY OF OSOMO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 12 0049 E T A 6 A LEHMAN EDWARD T A GLORIA A LEHMAN 2470 CARMAN ST UAV2ATA MN 55391 38 20-117-23 12 0050 RICHARD A EDWARDS RICHARD A E0W.‘.R0S BOX 127 NAVARRE MN 55391 PROP ADOR OWNER NAME TAXPAYER NAME/ADOR TOTAL BATCH 001 00021 38 20-117-23 12 0055 Daryle L Uphoff et al k- Daryle L Uphoff 2497 Kelly Avenue Excelsior, MN 55331 . JirA. I li- ^V32 1 CERTIFY THAT THE FACTS REPRESENTED ARE AM ACCURATE ANO TRUE PErRESEMTATION OF INFORMATION AS IT APPEARS THIS DATE CM THE RECORDS OF THE HEfOJEPIM COUJJTY CCPARIMENT OF PROPERTY TAXATION, TO THE BEST OF MY KSCHLEOGE ANO BELIEF. DATE IPERTY TAXATION, TO THE BE r, . V. RUN DATE C4/29/85 BATCH 001 PROP AODR OWNER NAME TAXPAYER NAME/AOOR PROP AODR OWNER NAME TAXPAYER NAME/AOOR HEKT4EPIN COUNTY PPOPEPTY xMFORMATIC^i SYSTEM PROPERTY OWNER!! LIST 38 20-117-23 12 00^8 CITY OF ORONO CITY OF ORONO BOX 66 CRYSTAL BAY MN 55323 TOTAL BATCH 001 00021 i4i^> * V V REPCRT NO. PI<*35A0l PAGE 2 38 20-117-23 12 00^9 38 20-117-23 12 0050 E T A G A LEHMAN EOUARO T « GLORIA A LEHMAN 2970 CARMAN ST HAVZATA MH 55391 RICHARD A EDUARDS RICHARD A EDUARDS BOX 127 NAVARRE MN 55391 38 20-117-23 12 0055 Daryle L Uphoff et al k'- Daryle L Uphoff 2497 Kelly Avenue Excelsior, MN 55331 #V32 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATICfl AS IT APPEARS THIS DATE ON THE RECORDS * } ■ f fV ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE SETBACK ZONE A. Existing lot area in zone D. Existing hardcover in zone C. Existing hardcover percentage t(BtA) X 100] D. Proposed hardcover in zone E. Proposed hardcover percentage I(D^A) X 100] F. Allowed hardcover percentage 0-75'^3'/Sit C)sf ' O %/ S h - sf . • ./• V %0 Yo 75-250'^O.'J sf t G sf / * ' "■ * >* sf • T*- > - 7 mC M 250-500' / 'j\ >'' 6 V, ^ sf C'sf ;C"' 3.* - • Yf.30 % 500-1000'('■sf C-%U sf L /o 3 5 Vo Directions: ^ l/CO cW.. (■/.•■ ' /tf .-'V' A. Existing Lot Area in ziv^ne - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain-impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. - - E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in ) net increase of hardcover in a specified zone, a variance may not be necessary. ^3 7S't 0 sf o Vi' %/'VA^-.k . ■: 7 0 Vo. ■/O j 2 \“st '1 .o ’sf m f ..■■■•v^£ ?3..r/ %>25 %# 0 sf u n r'• sf <. .30 % 7 T, ooc'sf ('sf 0i >%6 sf (■■%35 Vo ( c v>c'*re..( /■'•• ' ' /rr^v\ f W'r rr# u %/tynr4;/ r* c//i WARD £. EDWARDS Lor n, BLOCK 5, towns/te of langdon park n . i.% ., ■ « Vv'S r» ^ W May;28, 1985 #932 N l®SOWlf^ HAY 3 I 1965 CITY OF QRANn City or Orono Post Office Box 66 Crystal Bay, Minn. 55323 Attn: Orono Land Use Planning Commission Subj; Ward Edwards proposed zoning variance Lot 11,^ London Park Add. Carmans Bay. Gentlemen: It is my understanding that Ward Edwards is intending to build a home on the subject property and is requesting a set back variance from 75 ft to 50 ft to comply with existing homes on lots 12 & 10. I would prefer to see the variance granted as requested. The required set back in this situation would destroy the s>Tnmetry of the three lots and would also limit my view from the back of my home. ^ Sincerely, >:.dward T. X'ehman 2A70 Carman St. Wayzata, Mn. 55391 1: • I ! I J jS'dTSZS i©i;wi MAY3I BE5uw CITY OF ORONO ' ^ r e •» ^ ' • V ^ r r f u*-C-^ •' C/.'*^Ayi^/ f9f^ciz-c^^'A^j2y // v-/^> ^'^^r'^^ ^'-- /^■'ii/• “^7 7CL l cUlAJ... CL^i^L^7c>t^7' ^ ^ TiyUyi'lL^ J ^'- r^^yu!Ly.cL^i^:,Zcyt '^y^ ■r^Ly a'^L<.^ yA--yjy^z,^ :c^ ^ ^6. .,y^-'^-> / C' / yLiy‘^Jy^<^<-'l^C'^ 'V ^72. •'’^^7‘'''^^'2~i\yC/2. cXy> y-yvvt^u z-yox. 7yj7;^<77^-^/^'^x^ ^fWS^^c^cc / yL<3 ■^xrt <^^AX^/Ci7222^:t/^, .^/^uyzyt^j'____________________yL<3 '^T-r-r< b' n (^y^ ''OCAT^cl-^o-'Z^y^^//2i /ZZ \^.Q y^CyiiyOyC■' Vir <r 2/.^i t^y//U '/cr'y^r^yZyZJ^iru'T?' Cp^ y^-/l C\ <y'. yt -C'yy'^'ylZtyy^/r^y -■^■' y'~^'2y xi^^<’~^ yZ2i y^C^'>y-Li<Z yiy<y'y'ixt 2^ Ci2u^' A •77 ^^yC-<y/2.^«—^-r- ------------- - Ay Al yr/l^' ^77^u rc^^C. *0>7n) ■j^'2ry92~. /^ / . 1 . ii i i- ')•-» •#H ►..• w IMPif ^ ^r^KaEf?^Jif.,. .'!' ;"lli -ft ..1 ' iJ •m\ To: Prom: Date; Planning Commission Michael P. Gaffron, Assistant Zoning Administrator June 11, 1985 Subject #933 Ned Butterfield, 3745 Watertown Road - Conditional Use Permit Zoning District - RR-IA 5-Acre Application - Construct a new 40' x 100* Greenhouse List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Plat Map Property Owners List Proposal Layout of Existing and proposed Structures 19f)8 CUP for "Non-Conforming" Use 1970 Survey of Building Locations Septic System Layout (Approximate) Mr. Ned Butterfield is requesting to add a 40' x 100' greenhouse south of his existing greenhouses on this property. The property now contains a residential house owned and lived in by George Butterfield, and 7 greenhouses plus a service building. The property is approximately 4.6 acres in area excluding the road, in the RR-IA 5- acre zone. The current greenhouse use is regulated by a conditional use permit granted by the City on September 9, 1968 (Exhibit F). The non conformity recognized at that time appears to be the wholesale and retail sale of flowers. Greenhouses are permitted as a conditional use in the RR-IA district. You might ask the applicant whether a retail sales outlet still exists on the property. Because greenhouses are permitted as a conditional use, if the wholesale or retail sale of flowers on the property does not increase due to the addition of a greenhouse, this proposed project would not appear to expand the non-conforming use. Do you have any thoughts about the mixed use of the property, i.e. residential home plus commercial greenhouses? Does it make any difference that George Butterfield, the owner of the property, is not the applicant? Ho likely does have some interest in the business. If he did not live there, and the house was rented out to someone un related to the business, would you have a different opinion regarding the use? If the house was not there, would you still consider the conditional use as appropriate; i.e. the greenhouse operation as the defined principal use of the property? These questions don't neces sarily relate directly to the current application, but are long-term considerations. 1 r Zoning File 933 Conditional Use Permit Ned Butterfield 3745 Watertown Road Page 2 of 2 The lot size is 4.6 acres in the 5-acrc zone. Because the drawing submitted (Exhibit E) is not to scaler it is not clear what the proposed setbacks are. Do you feel that the side setbacks should be 50'r as they are for a principal structure in the RR-IA district/ or should they be 10', treating the greenhouse as an accessory structure? Also, note that the new greenhouse must be set back a minimum of 20' from the other greenhouses (fire code) or at least 10' if a 1-hour fire wall is provided. Can the applicant locate the greenhouse to meet these setbacks? Do you have any thoughts on screening of this property? Do you feel screening is necessary? Note that Subdivision 10.20 (E) states that commercial greenhouses may be allowed as a conditional uso "provided (that) all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot". Exhibit H shows the general location of the septic systems serving the property as far as we know. There appears to be a tank and drainfield serving the greenhouses, which system appears located within the confines of the building. The drainfield location is unknown, and we don't have a good idea as to the level of use of this system. Perhaps the applicant can enlighten us. At any note, there would appear to be suitable areas of Lester loam soils further south on the property if this system needs replacement at some future date. If you wish to recommend approval of this application, you should resolve any outstanding questions discussed above, and be able to find: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and. 3. That the proposed conditicnal use will comply with each of the applicable provisions of the Zoning Chapter. N.l J pin III I*; ..ruU'f-iMPPw CITY OF ORONO l.%C9iqliWiK" ' MAY 3 I 1985 ii GENERAL LAND USE APPLICATION CITY OF ORONO PROPERTY LOCATION Site Address *3 \a) • * Property Identificr.tion Number (P.I.D.)* Please check one - Is the property abstract or (for Conditional Use Applications only) torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Mailing Address /j JQ ^cQ Phone OWNER Name Mailing Address V ^ Pbone^ // 7 ^ 7P- 7//';> Date Property Arqu5r»d (menth/year) I (do) 1^0 owri the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessoiy Use $150.00 b) Institutional (church, scTiool, etc.) __ _ $150.00 c) Duplex Credit/Bldg ^ $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - sec fee schedule Other Applications $250.00 Vacation $250.00 Hezoning $200.00 Appeals Other - see fee schedule I ENT USE OF PROPERTY Prerent Zoning District Present Use.of P,r<^ptrty Residential Other (specify) RIPTION OF REQUEST - -r r Ur ')c //V/ ' '- - " -. V Describe request in detail: 'PrxJa yrr. IRED SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271 ) Stamped, legal sized envelopes (110) pre-addressed to each of the names on the above list with no return address. Certificate of survey. Construction plans, if applicable. Plat Map. ICANT'S SIGNATURE pplicant hereby agrees to provide all information required or requested by oni ng Admin i s t r a tor, agrees to pa yall f ees and/or unusual expenses incurred view of this application, and certifies that the information supplied is true correct to the best of his/her Icnowledge.. pplicant and Property Owner must sign this application. Please remember your application is not complete if the above information has not been uded. leant's signature / /( IS SIGNATURE Date owner hereby acknowledges and agrees to this application and further irizes reasonable entry onto the property by City staff, consultants, -S, commission members, and Council members for purposes of investigation verification of this request. '"s signature ^Date ^ /9 ^i cant mu.st have all submittals into the City offices 25 days; before the ■-■ing Commi ssion Meeting. Planning Commission Meetings are held on the third y of each month. _ _ -.-a i i ( ■i #933 > ?• ';^(>(Bll^|^l'>'.»' Mfr -'• ^ RUN DATE 05/15/65 BATCH 001 PROP AODR OVRIER NAME TAXPAYER lUHE/ADDR PROP AODR OUNER NAME TAXPAYER NAHE/AODR PROP AOOR OWNER NANE TAXPAYER NAHE/AOOR PROP AODR OWNER NANE TAXPAYER NANE/AOOR 36 05-117-23 21 0002 JOHN BURGER ETAL JOHN BURGER 3750 6AYSI0E RO LONG LAKE NN 55356 36 05-117-23 22 0003 03630 6AYSIDE RO NELLIE N MINER GREGORY > SAfroRA MINER 3630 BAYSIOE RO LONG LAKE MN 55356 38 32-116-23 36 0007 03665 UATERTONN RO THOMAS JOHN MAXWELL THOMAS JOHN MAXWELL 3665 WATERTOWN ROAD MAPLE PLAIN MN 55358 36 32-118-23 36 0010 03765 WATERTOWN RO OAVIO M KENNEOY ETAL WARREN F GILBERTSON 3765 WATERTOWN RO MAPLE PLAIN MN 55359 »EiaiEPIN COUNTY PROPERTY INEOPMATION SYSTEM PROPERTY OWNERS LIST report no. PI635601 PAGE 1 38 05-117-23 21 0015 03750 DAYSXDE RO JOHN BURGER ETAL JOHN BURGER 3750 BAYSIOE RO LONG LAKE MN 55356 38 05-117-23 21 0016 • 03700 BAYSIOE PD MAR HARRIS MICHAEL P A RECECCA H. 960 SHADY LA E WAYZATA MN 55391 36 32-118-23 31 0002 03760 WATERTOWN RO CATHARINE A CRAM CATHARINE CRAM 3760 WATERTOWN RO MAPLE PLAIN MN 55359 38 32-118-23 33 0002 03785 WATERTOWN RO JAMES F CROOKS JAMES F CROOKS 3765 WATERTC.6I ROAD ORONO MN 55359 38 32-116-23 36 0008 03725 WATERTOWN RO ARLIE 0 .THORPE ARLIE THORPE RTE 2 BOX 60 MAPLE PLAIN MN 55359 38 32-116-23 36 0009 03763 WATERTOWN RO G F BUTTERFIELD ETAL GEO F BUTTERFIELD 3765 WATERTOWN RO MAPLE PLAIN MN 55359 MAY3 I B66 CITYOFQRQ TOTAL BATCH 001 00010 #933 I CERTIFY THAT THE FACTS REPRESENTEO ARE AN ACCURATE AND J^UE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE REC090S OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. /{ ^ BY I 'l\lr' DATE 2 '' * '1 Vj #D33 GR2;*:iiKCU?,s EXPAi:s.ini proposal Ovaroll Lot Sire - 1,029* length 196.5* width .V" r,■■- '■■ V; #1.?.e*X 60* -Greenhouse #2.25'X 50* -Greenhouse #3.25*X 50* -Greenhouse #4.25*X 75* -Greenhouse #3.24*X 95* -Greenhouse #6.20*:<100*- Greenhouse r.20*X 100*- Greenhouse #e.40*X 100*- Pronosed G #9. Service 5uildir-c #10. Hcuf® . t ONDITIONAL USE PERMIT m Date.9 -9 -C7 For Noa-Conforjniuj' U 3C Fee Case No._ VILLAGE OF ORONO Crystal Bay, Minnesota (Complete in Duplicate) yy / )L.<^ ■H This form to be used in all applications for conditional use permits and for rezoning, dividing or consolidating parcels of land, vacating streets, alleys and variances. Owner of Property: Name u„ r i .?Phone No. :73-4214 Address 3745 U'.iterto’.m Road Applicant (other than owner): Name Phone No. Address Relationship to Owner Engineer: Name Phone No. Land Planner: Name Phone No. Subdivider: Name Phone No. Location (How do we find it?) Legal Description: Lot 32,_lU^_lilLi_Parcel 4500_ _ _ _ _ _ _ _ _ _ _ _ Date Acquired___ _ _ _ _ Area (sq. ft.) 4 Ac. Separate Ownership Single Ownership_ Date of last division of this property _ _ _ _ ___ _ _ _ _ Do you own any adjoining property? Action Requested Aon-Confprri.ing Us»:- Fernit for nursery Signature of Applicant RECORD OF ACTION TAKEN Inspection Dept Administrator: Village Council: Village Engineer: : , c Date Action f'Mi./sji.Cl> <L z r fc (I f Village Attorney: Planning Commission: Village Council: Permit Issued: Date R. Ros!^ SEP 1 3 mi Condition of Non-Conforming Use: Wholesi'lo anil rctaii flm/ors. Four aero.-, total, houses and parking. J}j. One aero for green- lUM HUS BEEH WCWFlUffn Sketch for C^org* F. Diitt-‘?rri“ld of pKrt of JjO’Jt>’W'i3t l/i of J>ictlon 32-118-23 nbo’-finr proposed subdivision // 1" =100' bpt“ : Not,** 2-2-7f-5 n>illuln.* lc<.«-tion f-r-i pvpror.lruf.t'i, • no «r* n sk<*tcb by -Inrr o«t'»d U14-^>2. Cordon P. Cofflnp Lenu 3>irv*yo Long Lske, Mi nn'^sctfl >v l?i. s_________ Gowtn ‘»r Sett.an 32.-H® *?3 fc.. -• r -fe ■ mF^: « 1 .1^:^ /'' ' ■ ■if*.iMM£rih \. • /. ••••- *.*... >. »v •..'.V •v.«*. *.vi V. •V. y^. ••'y *»' - .y. # ^ V’-.•*. ‘ .' —U-1.- *:•*# .t.. 4' • • *■ INSPECTION RECORD PUMPOUT RECORD DATE COMPLIANCE DATE GALLONS /2^ '02^ A/o^u<CFAc//^r^J2-z-p>/ sa>Cj z r^-02^ ■i LOCATION _ SKETCH / / t: ( u -VTlS /V A 1 » I ' I » C-CONFORMING S - SUBSTANOARO N - NONCONFORMING 7>*^;v ’- c(jc^Oi'^r /^/Cr/W /hCcA Includa: II Wtll location 2) Diitanca ffom houta\o seotic tanks, ditt. bo«N and drainfitid 3) ^!orth arrow and road •>. • $ • V. • a • • • • * • a .. A ! /. "*V A •** ■•»,- • V • » -'SW: V - , ^ •■4- Planning Commission ;Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1. /[litiCL /I /< )(<' 2. M w'e' Vi y 3. 7\ ^ ?1 0 VA 4. 5./i4 4 c i lo ( 6. /h^ut)d 8. 9.y^c:.y:' Lh' 'h ^ A.V? 41^^ Oaru r/f 3/J>s C\ /(\» A o nil y;./A. ^(fcf \uo^ WVg , 34:i4 CaMkt^ Sl^. // yc co { ii.'T^cy i 12. /'f'S/CA/i .<5 O t^l^oAt 14.Af. /-/c I sc tl>\ ?K^ Kf-r istiARO E' .gOll'Af^OA' • frv .7^ 17.3\!.^ ■ ^(\CIyi>’>V 7^^ ^ C.j^SSe / LiZ£ 9 a 5' '•*' «/ tf ^ 9/r 'TP tf 7J^/ ^ tlX ptrtlil «1Y>A ';< *V o 7 7-b -S A c/ y n. r t t i /Cr j. 3^HS elomilf 4 e V / ^ J I ' i f f f ' >-1 Its ict\ m lfc<:>-i-it <r HO M.-La- 13o 131 / ^ ±LIZ ^r:?7 ■1^1' / 7