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07-19-2004 Planning Packet
PuEiLic Attendance Miiiim .Dxii □ CorMii. E^Pi-anni .m; C<j.mmismon □ Park C ommission □ Other_____________ NA.MK (piciisc prim) Pi EASI Fil l Ol 1 nil IMOKM VIIOAKtgi tSTKI> BFI.OW lOHOI MC ll \ KFf OKDS. ADDRKSS PKK.SKM FOR (from auc-oda) NAMKORM MBKR -»/ ^ *'•*•** •/■'**//'> V ^ sss /7 Xm*/U, £ / <»J‘ 2.C':l . xE <^Av i\^ ,-ri-, A.;/,,x - rc.,T;,.^ i y.TciV AcVc'x*'''-^>K CV'kt\^\ CcUii ft/v A' ^-> 4. 1 _ K/J5 tj4./^tV<7: k /iL-Y' 5./4tx l' V'ix* 6. 1c S. t. f 7 172 - Uv.UiV ->x /» * • A ’ "'7fSwAV^V'V*^t(s N t;v>.c.u c.\ V.V,^ -n - \V,V C E ‘a 1 k ;^i ., 1 lU. ,s. ^ Ic^____^ ^ 1 ^^ ^ ' c- ^ ^---------------------------- •Til U-'CC-'SLjr W-f i-rm "il'o-v'LT J 12.-4^>y7»««*v/>C59 f 13. /?t t" • :J/w i d. ■ U '. '/ 14.T?.*'. *ii L , / -j » •rr . W. . V ------——j— Ai$ - \i:C 15. /• / r ORONO PLANNING COMMISSION Monday July 19, 2004 6:00 PM 2750 Kelley Parkwav ~ Council Chamben agi :ni >a Council Representative: Bob Sanscvcrc AUDIENCi: MKMBKRS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisors* body to the City Council. If action is taken on any items on this agenda, they will he scheduled for the August 9,2004 City Council meeting unless otherwise noted by the Chair. CONSFNT 1. 04*3032 Charles and Roscannc Simpson. 2695 Kelly Avenue, VariaiKc (StalT: Janice Gundlach) 2. 04*30.14 Robert P. Mack. 1580 Sixth Avenue North. Conditional Use Permit (SlafT: Melanie Curtis) 3. 04-3035 Mark D. Strobcl, 525 Hunter Pass, Condition.'il Use Permit (Staff: Janice Gundlach) OLD BUSINESS 4. 04*3007 Harold and MildrctI Bower. 1925 l.akevicw Terrace, Variance m (Staff: Mike Gaffiron/Janicc Gundlach) 5. 04-3026 David Pomije. 801 Tonkawa Road, Variance (Staff: Melanie Cunis) NF.W BUSINESS 6. 04*3029 Michael Keaveny. 3423 Shoreline Drive, Commercial Site Plan Review (Staff: Janice Gundlach) 7. (M-3030 Martha A. L. Spcnccr. 1005 Willow Drive South, Variance (Staff: Melanie Curtis) 8. 04-3031 Andrew and Sara Turner, 645 Femdale Road North, Variance (Staff; xMclanie Curtis) 9. 04*3033 Thomas F. Adams and Janette L. Weaver, 500 Orchard Park Road, Renewal Variance (Staff: Janice Gundlach) 10.04-3036 James Brooks, 378S Wafertowii Road, Variance (StafT: Janice Gundlach) 11. 04-3037 Wayzata Country Club, 430 Old Lo«k Lake Road, Variance (StafT: Janice Gundlach) 12. 04-3038 Darrell and Karin Anderson and Bruce Da>lon, 900/92S/965 Old Long Lake Road, Subdivision (StafT: Melanie Curtis) PLANNING COMMISSION COMMENTS 13. Report of Planning Commission representatives attending Council meetings June 28 and July 12,2004. 14. Other issues for discussion. 15. Planning Commission approval of niinutcs for June 21.2004. 16. Selection of representatives for City Council meetings on July 25 and August 9,2004. ADJOURNMENT V_*^303sn ORONO PL V.NMNG COMMISMO.N Mood** Jul> 19.1'JCdOOOPM ;*«0Ktlle» Paikmav - Cojncil Ch» iB»m AGENDA Cojncil Ri;!tttcBtatitf Bair Al DIf NCl MEMBERS ftraic tt{a III lot ibr tecoid Jt ihr (rent pcl um i( >o« wnb lo addmt ibc P!*aaies Cemniitiion Appltci-^tt «■>> bt atkcd lo moK lo thr (loni tabic to aaiorr qunt>«nt nbca Ihr Cb Jii aaaouarn ihc application. The Plaaning Commuiion i» aa adMMii bod) lo Ibc Cil) CouBiiL ir aciiin it taken on an) ilcmt on tint atenda, Ibc) Mill be uhcdalcd for ihr Aagutt 9. 2004 Cit) CouKCil ntrcling unittt oiticmiir noird b% lh< Chair CONSENT 1 04'SOII Cha'IcaandRctcanrcSimpMit. 169S K(ll) \icnut, Varaiicc (Staff )ani'c Cu«d.ach| 2 04 30)4 Robet P Mack. 15105i»ih Atenvr Noitb.Ccri ixr4J L'at Petnit (Stair Ve’a-e C..1 0 J 04-30J5 Va:k C St.c':t 525 lliibiri Pait. Ccncii.xu; lVPcni‘.t (S’Alf Janice C.nd.Kh; OlDPrS.'MsS 4 04>300r Ha.-o i a.\d )M.1icd Dcaci. I92S I alcticn Tmacr. VaraiKc ra tr'aff Caffrc;iJal.cGarda:'•) ) 04 3020 Da«id Paic.jC. SOi TenkaHa Road, Vii<a.'tc (Staff Mela:ttc Cunn) NEW RVSrNLSS 6 04*3029 M chac! Keave-*). 3421 Shoreline Dritr, Contineiciai S<ie Piatt Rctierr (Staff Janice Cj.td'aah) ^ 04*3010 Martha A L Spence; IOOS WiIIom |)ri«c Souib. Variance (Staff Welar.eCur.nl I 04*3031 Ara'ft** a.ti Sa-a Tcinrr. 645 Irrndalr Raad Ncrib, Vinarce (Staff Vcia.-at CbfliC 9 04*3031 Tne.TJuF Adura a: d Jairue I Wracr*. StQOrrbaid Park Road, Rcite«4. Van4*nte (Staff Jan :e Gt*ad.a:n) 10 04*3036 Jarea Btocii. 3*85 WalrilOMa Road. Vt:.4r.:c (Sttff J»*'aceC-r.i;»c;) II 04*301? WajreataCountr^C.Lt). 4)0 Old Long Lake Road, Vciia-nce (Suff JaaiceC^itd'ach) 12 04*30)8 3a.*TcU a.td .Kami Ar*dci»oti aitd Bn.cc Da)tcti, 90C'92S.965 Old Long Lake Road. Subd.vision (Staff Welama Curiit) PLANM.NC COMMISSION CO.MMENTS 13 Report of P: i.nrin| Corvr:»icr reptcvei.'af.»« atieiijaig Council tntetngt Jure 3S auu V, 13.3004 14 Other ■t»*et f:t diKu».on 15 Planr i| Con.r $vcr ap*;ova: ofitututei (st hrjt 2l. 2004 16 Selector 01*repioeria..' ea fo: C i) Cv*u,'.e.l n-.tn. *fci en .'un IS aid Aoguat 7. lO'.i Al'fOl RNMENT •04 3032 Jul> 19. 2004 PaBC I of 4 Date Application Received: 6-23-04 Date Application Considered as Complete: 6-23*04 60-Day Res tew Period Espires: 8-22'4>4 Chair Rahn and Planning Commission Members Ron Moorse. City Administrator From: Date: Janice Gundlach. City Planner^i: Julv 9. 2004 Subject:04-3032. Charles & Roseanne Simpson. 2695 Kelly Avenue • Lot Area & Lot Width Variance • Public Hearing Zoning District: Lot Area: Lot Width: LR - IB. One Family Lakc.shore Residential District (1 acre min.) 0.61 acres (26.925 s V ) 67.5 feet ^ shoreline, 107.5 feet @ 75 foot setback Application Summary: Applicant reciuests the following variai'.ccs in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on a lot which is 0.61 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on a lot which is 67.5 feel in width at the shoreline and 107.5 feet in width at the 75 fool setback when 140 feet is normally required. Staff Recommendation: Staff recommends approval of the variances as submitted stipulating implementation of the recommendations of the City Engineer letter dated 7-6- 04. Please note that the proposed residence meets all pertinent hardcover, setback and lot coverage requirements of the Code. Pertinent Zoning Ordinanec Sections See. 78-330. Area, height, lot width and yard requirements. (b) Lots The following minimum requirements shall be observed: Lot .\r(a (acre)Lot Width (reel)Front Yard!f«t)Side Yard Adjacent to Another Lot t feet I Rear Yard (feet)1 Side Yard Acjaccnt a 1 Street (feet) 1 140 35 to 30 135 Sec. 78-72. Lots of record. (b) A lot of record existing upon January 1, 1975. in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council such use docs not adversely affect public health or safety and the following requirements are met: a044«32 July 19.3004 ragt3or4 In R districts of one acre or less and Mith public sanitary jc«cr A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serx iced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area measurements and width of that lot are within 80 percent of the requirements of this chapter. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. List ofEabibiU Exhibit A - Applications Exhibit B - Hardship Doemnentation Form Exhibit C - Existing Survey Exhibit D - Proposed Surs-ey Exhibit E - Proposed Elevations Exhibit F - Proposed Floor Plans Exhibit G - City Engineer Comments Exhibit H- Aerial Photograph Exhibit I- Property Owner’s List Exhibit J- Plat Map Background Hte applicants originally applied for a building permit to construct a new residence on their existing property. During staff review it was determined that the lot does not meet the required area and width standard of the LR-IB (1 acre) zoning distnet. The applicant also does not meet the administrative approval requirement for area and width variances as the property cannot meet the 80% standard for lots of one acre nr less (34.848 s.f. of area and 112’ of w idth when 26,925 s.f. of area exists and 67’ of width exists) LOT ANAI.YSIS WORSHEET Lot ArraAVidth LR-IB Lot Area Lot Width Required 43.560s.f. (I.Caere)140* Actual 26.925 s.f. (0.61 acres)37.5’ @ Shoreline; 107.5’(ol 75’ Setback Setbacks LR-IB Required ExisUng Proposed Front N/A N/A N/A H0I3033 JuU 19.2004 Page 3 of 4 Rear 30 ’79 ’39' Left Side 10*9.3’ |21.5- Right Side 10*10 r 1 10* . ______________________________ 1 Lakeshore 75*100' house 81'deck ' 98' house 85' deck j .Average Lakeshore 42*-60 ’ (west-east)99' house 82' deck 98' house 85' deck Structural Coverage Total Lot Area Total Structural Coverage I Allowed; I Proposed 26.925 s f. (0.61 acres)4.038.75 s.f. (15%) 3.805 s f. (14%) Hardcover Calculations Hardcover Zone Total Area Zone Allowed Hardcover I Existing Hardcover Proposed llai^cover 0-75 6.395 s f Os.f (0“o) sf • ("/o) Osf. (0%) 75 - 250 20.530 s.f.5.132.5 s.f. (25%)____ s.f.* (%) 5.116 s.f (24.92qo) After exclusion of fabric or plastic-lined landscape beds Lot ArcaAVidth Variance Tins lot is located within a one acre 7one and requires 140 feet of width at the shoreline and at the 75 foot setback ITtc lot is approximately 0.6 acres with only 37 5 feet of width at the shoreline and 107.5 feet of width at the 75 foot setback. Therefore, the lot is non-conforming in area and width and requires approval of these variances in order to rebuild. The Zoning Ordinance allows for administrative approval when the lot meets 80®/o of the zoning district requirements, however this lot is only 62% of the area requirement and 48% of the width requirement at the shoreline and 77% of the requirement at the 75 foot setback. Hardship Statement Applicant has provided a Hardship Documentation Form as Exhibit D. and should be asked for additional testimony regarding the application. Hardship AnalysU ________________________________________________________ In consUerltti appUeations for variance, ihe Ptamnbtg Coouniithn shatt caraider the effea of rite proposed varioaee upon the heoUh, safety and wetfore of the eoamaalty, existing and anticipated traffic comdUom, tighi and air, danger cf fire, risk to the pahtic safely, and the effect on vaiaes of property bt the sarroanding area. The Ftanning Commission shatt consider recommending approval far variances from the iiterai provisions of the Zoning Code in instances where their urict enfotcemetu woatd cause undae hardship because of circumstances unique to the IndivMiai property under consideration, and iholt recommend approval onty when it Is demonstrated that suck actions wiU be In keeping with the spirit and Intent of the Orono Zoning Code. City of Orono Variance Application EXHIBIT A Street Aciress 2750 Ketley Parkway Orono. MN 55355 ^1a‘, 952-249-4500 fax: 952-249-46*6 Matfr.g Adaress P O Box 65 Crystal Say. MN 5532:-::5S App! catch's Date Receiveo Anount Fa d (_cCO C<} Sta" ________ Fee 5500 Renewal. S300 Afte'-the*fact St 2C0 Ccuc e "ee 7dts aopiicaton form must be corrpieico in fjM. App leant will be ro'i^.ec with n *5 days as to tre sta’LS cf t^e application Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address. *Z-trl^ ‘ 3'.^Lit r-- .-'>1Property Identification Number (PIN); _________ (Attach legal description to application if not inc’uded on the survey ) Dale Property Acquired (month/year). _______□ Yes, I own the adjacent parcels Present use of properly: )0.^esidenlia! Zoning District; L^-1 fe ________ □ Other /V Phone (^rk): Cl.S^ ~7M(yr-L-MI 2 APPLICANT INFORMATION; (Cc-^p ete legal na-es and ma'itai status reputed for eacn mte'es ’ed party) Name; O<fj ^3 IMCfJ,- Phone (homef ( ) Address- 3C:^lS Yell _______________________________________________ Email: lipSCf f-^Fax: _____________________ OWNER INFORMATION: (Complete legal na-ncs z-z manta: status regu.red for each rtorosted party) Name: ^______________________________________________________ Phone (home); Address: Email Phone (work); DESCRIPTION OF REQUEST: Estimated Project Cost; S Describe the request in detail (attach additional sheets if necessary). _________________ r^: >. .'■i "2-crf . y h L J '- TC* I'- y^\rr:' lO M gTTiir-rfcc- JT^ \A^rr M c' A o O Inr REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order fcr ycur application to be processed. Pre-Application Meeting Form, completed by a City Pianne' □ Completed Application Form O Completed Hardship Documentation Form □ Certified Property Owners List - ovmers w thn 150’ of the subject property, labels and plat map List, labels and map may be obtaned from Hennepin County Department of Finance Government Cente'. A-603 3C0 Soutn 3*'“ Street, Mirreapolis. telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), m.eetmg all the requirements listed within this packet, including hardcover calculations Also prov.de one copy 8 5 ' x 11 c' 11" X 17' for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet) □ ’ Topographic survey - including existing a.nd proposed elevations. Provide one copy 8 5* x 1 *’* on 1 “ X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8 5" x 11" or 1V x 17‘) Additional items may be requested by City Staff depending on the scope of the project " APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by t^e Plannrg Department, agrees to pay additional fees (staff time not covered in the ongmai fee payment) and/or consultant expenses incurred in review of this application and certifies that the information suoplied ;s t'ue and correct to the best of his/her knowledge. The applicant recognizes that ho/sho is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature- Applicant's Signature OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verificatigmo^is request Owner's S.gnature Owner's Sig.nature v ivu Date; Date V Applicant must have al! submittals Into the Cihy offices 25 days before the Plann.ng Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the Crty Planner assigned to your project. City of Orono Pre-Application Meeting Form (T^r.s form is to &e comp eted tsy a City P anrer d j- ng your p^e-apci cs* on r-ec-. ng Street Adiress Maiimg Address For C** ceUse t a^ i r- 2750 Kelley Parkway POBcx66 C'ty Pander ___ Ororo, MN 55356 Crysta Bay. WN 55323-0066 Veettrc Daten-|>ro ^CC Ph PC Date jI/lY /TTTenrJd-i ________________ Ma<n 952-249-4500 Fax 952-249-46-.6 Whut /£ the purpose of a pre-application meeting? Pre-applicauon meei.ngs aid the applicant in prepa'ing a complete pxpcsal irfo'm them cf the procedures and requirements of the city code and identify poliC.es or regj'at ors that c'eate opportunities or problems for the proposal PROPERTY INFORMATION: SiteAdd'ess: Z4:75* At/C^ Property tdertificalion Number (PIN). Zoning District LR. • IE> Size of Property ZOU-tLi 0 tri 6’Li / Ik DESCRIPTION OF REQUEST: □ Average Setoack □ Side Va-d Setsack □ Rea" Yard Sctoack □ Hardcover □ Let Coverage ^Lot Area □ Other ______ □ Front Yard Setback ^Ot W;ctn Applicant's , Initials ^ S HARDSHIP: App^cant has received the Hardship Documentation Form, understands it as it has been exolamed to them, and is aware that it must be completed and submitted in con;unction with their formal variance application. OTHER INFORMATION: EXHIBIT B Page I of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applicaUons. A-. aos ca: on W i: rot be cons'de'ed sofrcie*.2 placed or. a'-y meetrg agendas j-f t-.s fc-n- s cc'rp’ete and submtted to tre C'ty f.iinresota State Statue Sect on 354 27, Sued viSicn 7 reqj 'es tnat a r.ards^i? be demenst'ated -n order for a vanance to be gra-ted The na'dsh p must be unique :c tre P'ope'ty as variances run w.th the land and net the land owner. Personal and eccnom c situations are not considered valid hardships In orde' for an application to be hea'd by the Planning Commission and City Counc : a hardship hav ng ment must be demonstrated HOW DO I PROVE A HARDSHIP? This form has 12 points ojtm rg t^e basts Cty staff uses to determre *f a hardship exists and how the variance will affect the surrounding community To p'ove a ha'dsh.o. address a'l the relevant points l steO below a-'d answer mem as e’ear'y as pcssib e S nee you are requesting the cede except or you have the burden of proving that the variance is justified. The rn'ermat on the C'ty roce-ves s what is used r> detemr n.ng a denial cr approva' recemrrendat on If you leave soTem.rg out it will ret be cons derec Please address cacn these hards" p entena as they re ate to the recuest (some may not apply): 1 -Th.e property in quost on cannot be put to a reasonable use if used under conditions allowed by the official controls " jt’m :>7< V. / •)'l n / i. I /I "Tne pi ght of the landcwrer is O-e to c'cumstd"cc3 un que to h.s ptwcerty not created by the lancowr.er ' —. ■ < /»»!.. M • ; At-/<.• I __________ ■* I m - / ' ... /■«. i; T" M I ' Vt . "*>’,'1 ;e^ t-.--V., • V. tJ:- { '1* • ‘The variance, if granted, will net alter the essert al cnaracter of the icca’>ty • Jr ^ ~1 i- V'^ h i ■1 4.•Economiic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.* i<o uiO’.hu.v*'*'- ■ 'P'. t v^cjbic-._____________ pti riri r-| —u>crr\.mf .A ~~ rre^o ]r\ or Page 2 of 3 'Undue hardship also includes, but is not .imite^ to. inadequate access to direct sunlight for scia- ene'gy systems. Vanances s‘*a!l cs grantee fer ea"in sreiteree construct on as defined in Minnesota Statutes. Sect on 116J OS, Sutd. 2. when n harmony with this Chapter * •The Board of App^:;ais and Adjustments c' the Counc i may not pem.t as a variance any use that is not permitted under this Chapter for property :n the 2ono where the affected person's land is located * lI/a------------^----------------------------------------------------- "The Board or Council may perm.i as a vanance the temporary use of a one-family dwelling as a hvo-family cJwel mg * ±^1 •The special conditions applying to the structure or lar-.d in question are peculiar to such property or imrrediate'y adjoining property * j- ^ r- It ^I-t' ___l/ i >< Lot-J / t >* //i ' / / '• > n1 1 h-: y% > I X r- hV/ i, I - »- - 1 •The conditions do not apply generally to other land or"structures in the district in ' •. which said land is located.* ■ / • h. , }l^___________________________ ____________________________ I., ' I 'The granting of the appl.cation is r.ecessa^ far the c'eservahon and enjoyme-i of a substantial property rghl of the app. cant.* 1 ‘>1 ,t id Q| \ r~ /w.«. .. T'l a. •''I u ;• •Tne granting of the proposed variance will not in any way impair health, safety cemfert. mora s. or in any c;h.er respect be contrary to the intent cf the Zoning • ''-'ll A' v?>-./ I nrH'ri \£/, ■f / i QO I LL tjnsiwc SPOT ncvAr<»4 X9M0, . ,^0»-OMO SPO, rirvATiw, - • 0«tc> SUV ACC DPAWAf.r \ ^ If '§?: ,51 If ^vi ^ 11/5 sr waik - eo sr lOFAl >. 5116 sr (?<9?x or lOT ARfA) (>i; ST) W'.c*?mr«ofi X 25X - 51J3 SF allowable it: LT, ggaaiaali''^. «i« tktv •\sj/ rr Xs S H PI ** r I ^ iW * 4K> 4* V * •• tfcTIfK^ ft* flTv (U* %VM 4M rt«liiv% •r_____I_______'---- mm sa 5 •fl ^... RUNDATl wmOM If 2OII733I40004 mOPADOR 2655 LVDIARUAVIi OWNI.RNAME JAJOIRO TAXPAYER JAMES ULBO KAME/ADOR LYOlARa AVI EXCELSIOR MN 551)1 }• 20II72)I400M PROPADOR 2695 KflXVAVE OWNER NAME C O SIMPSON A R SIMPSON TAXPAYER CHARLES DSIMPSON NAME/AODR JW5 KELLY AVE EXCI I^KIRMN 551)1 If 20II721MOOI7 PROPAODR 269) KELLY AVE owner name MARILYN II MCn^SKEV TAXPAYER MARILYN II MC ( LASKEY NAMUAODR rOBOX6 MINNUONKA tlLACM MN 55V.I IIENNI PIN COUNTY PROPERTY INIOKMAIK>N ..YSTEM PROPfcK I Y OWNLRS LIS'I PAGE I Jt I0IIOIU0005 PROPAnUR J650 KH I.Y AVI. OWNER NAME S J WI NIR.Isr, ADA WLNO JNG TAXPAYER ^31 ' LN IA IJORII A WLNIlUNO NAMI/ADOR 2650KtllYAVINUL LXITLSIORMN 55111 )■ 20IILMI«<M9 PROP AIWIR 1225 CARMAN RO OWNER NAME DC AVAIHMCK TAXPAYIR DAVID CMOIXK NAMFyAllDR 1225 CARMAN RD IXdlSKlRMN 55)11 )l ;UII77II40025 PROP AODR 2655 Kill Y AVE OWNER NAME J W EIX-SIER A C M LUCSIER 1AXPAYLR 2ACKI UiSIERL AROE M LUCSU R NAMryAUOR 2655 Kl ELY AVE txniSIORMN 551)1 ?UM 72)14000/ PROP ADDR 2697 KKl 1 Y AVE OWNER NAME RONJCHRISILNSEN 1.1 AL lAXPAVIR RON J A SARAH A OIHISTI NSIIN NAM|/AI)I)H 2697 KI LLY AVE EXCELSIOR MN 5MII It 17)1140010 IROPADIIK 1)45 CARMAN Rl> OWNIH NAME ISNII LSLNA K R NILlJkl N IAXPA5ER KJNSA KIRSIEN R NILLMN NAMI/ADUR 1)41 CARMAN R I) IXriLSIORMN 5MII It ;II17)1)I004I PKOPADDR 2699 KELLY AVt OWNER NAAIL UALUPMOIE T 'AYER DARYI l AUK YSUPHOfF SAML'AODR )699KEI I.Y AVE IXCEI.SK7RMN 55)11 OF THE »» NWI PIN CCXJNrY TAXPAYF R SI X VICI.S ItPAR IMWTJO TIIE UFST ^ ' OKHVKNnWU,nt,KANOI.tUEF^^^^^^^^ / 01 CO o CO i SH FILE »&«.3034 Ju)y €. 2034 P«9« 1 of 3 Dale Application Received: 06'23-04 Dale Application Considered ii Complete: 0‘7-06-04 60-Da> Review* Period Expires: 09-06-04 Chair Rahn and Planning Commission Members Ron Moorse. City Administrator Melanie Curtis. City Planner July 6. 2004 04-3034, Da\ e Mack of Aperfcct Construction on behalf of Robert P. Mack. 1580 Sixth Avenue N. - Conditional Use Permit - public hearing Zoning District: RR-IB, One Family Rural Residential, 2 acre minimum Lot Area: 3.75 acre (163.417 s.f) From: Dale: Subject; Application Summary: The applicant is requesting a conditional use permit to construct a berm along County Road 6._____________________________________________ Staff Recommendation: Planning Department Staff recommends approval of the conditional use permit with implementation of the Citv Engineer's recommendations Pertinent Zoning Ordinance Sections Sec. 78-966. Prohibition. (a) U is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council; (1) Remove, fill, use for fill, dredge, store or excavate rock. sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing .such material or by grading of existing land to elevate or alter the existing natural grade. List of Exhibits A. .Application B. Existing & Proposed Survey/Sile Plan C. Proposed 3cnn Plans D. Submitted Hardcover Calculations E. City Engineer’s Comments F. Property Owners List G. Plat Map Background Aperfcct Construction has applied for a conditional use permit in order to construct a sound blocking berm along County Road 6 in conjunction with the development of the lot FIIE •04-3034 July 6 2304 rage 2 of 3 for a single family home. LOT ANALYSIS Lot ArcaAVidth: The property exceeds the lot area and lot width for the RR-1B. One Family Rural Residential Zoning District with 3.75 acres and 450*'f ‘ in width where 2 acres in area and 200' in width are required The proposed home meets the required setbacks for the RR-IB, One Family Residential Zoning District. The berm also meets the required 5’ setback from property lines. Hardcover Calculations; The proposal falls beneath the allow cd hardcover percentages as outlined in City Code Section :« 1288 CONDITIONAL USE PERMIT ANALYSIS According to City Code Section 78-1286(c) the follow ing considerations and conditions must be adhered to during the issuance of construction permits: (1) Grading or filling in any type 2. 3,4, 5,6,7 or 8 wetland must be evaluated to determine how c.xtensively the proposed activity would ai.cci the following functional qualities of the wetland; ✓ Xot applicable. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. ✓ The applicant has proposed silt fencing and has also proposed landscaping for the newly constructed berm. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. ✓ The applicant has proposed landscaping for the berm. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. ✓ The applicant has proposed a silt fence to be installed surrounding the entire area to be disturbed (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and w'aier conservation districts and the United States Soil Conservation Service. FILE i34.3034 J><'y«.20C4 P«0«3el3 (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. ✓ The applicant has proposed a slope not to exceed 3 I (7) Plans to place fill or excavated material on steep slopes must be reviessed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. ✓ The City Engineer. Tom Kellogg, has revicM ed the plans and has made comments u hich are attached as Exhibit E (8) Fill or excavated material must not be placed m bluff impact zones. ✓ The berm is not proposed in a blujf impact area. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the Department of Natural Resources under Minn. Stat. § 103G.245. ✓ Sol applicable (10) Alterations of topography must only be allowed if they are accessoiy to permitted or conditional uses and do not adversely affect adjacent or nearby property. ✓ The berm \* ill not negatively impact aajacent or nearby properties (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does nut e.xceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary- high water level docs not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. ✓ Sot applicable Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the condition..! use permit with implementation of the City Engineer ’s recommendations. DQ^B>rr A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# V Date Received Amount Paid IUP » CQ PROPERTY LOCATION Site Address C ^ Type of Application to be ^ ^ Property Identification Number IP.I.D I ^l \ n/T>n^ APPLIC^T Name _ Phone [hoffTie)(^/.^ Phone(workK_^ Address Ag Z2J 2ip_j OWNER^^^erent tha^pplica^^^^^ Phone fhome^5^^)yy<^2^^ Phone (work)^/^.2 ) Address /^A.CiXy Zip Date Pr l(d Acquired /3/^y Iso own the adjacent parcels of land FEES - CONDITIONAL USE PERMITS (rr.onth/ycar) ✓ S600.00 Residential Accessory Use S600.00 Institutional (church, school, etc.) S600.00 Guest House/Guest Apartments S600.00 Duplex Credit/Bldg S600.00 Commercial/industria! Use , S600.00 Land Alteration + Permit ____ Grading and fiiling - designated wetland or flcodpla’n X Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see Fee Schedule S250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation ______$100.00 Easement Vacation With Subdivision ______$600.00 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendrrient ______$100.00 Appeals ______Other - see Fee Schedule # 3 ‘-i REQUIRED SUBMITTALS 1. 2. 3. 5. 6. 6. 9. .Completed Application Form. ' Describe request in detail. ’Certified Property Owners List of owners within 350’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6^ Street. Minneapolis, telephone 612-348-5910). .Certificate of Survey (signed by a licensed surveyor) • refer to handout for survey information .Attach legal description to application if ret included on required survey ^Topographic survey (ex'sting and proposed contours) if land alterations ' involve changes in elevation (grades). . List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ Construction plan, if applicable (see staff for requirements). ~ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11” X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc to be submitted.) The Applicant and Property Owner m.ust sign this application. Please remember that your application is not complete if the above information has not been included Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;___________________________Date________________ APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information suppl ed is true and correct to the best of his/her knowledge. Date that the information suppled is tri^ and correct to the c Applicant’s sionatur^^^!^^^^^ &f OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signature /Q _____ Applicant must t:ave all submittals into the City offices 25 days before ttw Planning Commiss on Planning Commission Meetings are held on the third Monday of aach month. Appdeants must be present at all scheduled review meebngs of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Buildlr^ & Zoning Office of this change prior to the meetir Date ing Con^iss on Mee^n^ themeetirs.#3034 [ ■- fL HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House_______________ 0-75* X 75-250' SOO-IOOO’ Unf.*i B. Cuige C, Dnvewey O Sidewalk E Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - B PROPOSED HARDCOVER IN ZONE' A House______________ Ltncih B Garage C Ortveway D Sidewalk £ Patio/Deck F. Landscape Underlain By Plastic OrFabnc 0. Other TOTAL HARDCOVER !N ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ - B X lOO w^h SF SF SF 70^ xlOO SF SF SF SF SF SF. SF SF SF SF SF Vi 1700 SF SF SF S.F SF. SF SF SF SF SF SF SF SF. SF. ■ H 1 r ■ . /•/I/’ Bonestroo ^^^Rosene Anderlik& AssociatesW. 2335 MMest Highwjiy 35 • St PiMi, MN 55113 O'f.ce 6S1-636-4600 • 65t-636 l3!l wwwtwnestroo co«^ 0«i0ir 6 Engin««ri & ArcHtiecti July 9.2004 c:rifOi-0:?C;vo Ms. Melanie Cunts Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 Robcn Mack Berm File No. :39 04 CCO Plat No. 04-3034 Dear Melanie: Wc have reviewed the proposed grading plan for 1 5S0 6* Avenue North. The proposed improvements include the construction of a berm along C.R. 6 and associated site grading for a new home construction. We have the following comments wtth regards to engineering matters: • The proposed berm is located along the south side of the pioposcd drivers ay. Tlie grading plan docs not indicate a ditch between the toe of the berm and the driveway. The grading plan should be revised to include a ditch along the south side of the driveway. • We visited the site and discovered a culvert parallel to C.R. 6 under the eMsting shared dnveway The proposed berm appears to impede flows to this culvert. The grading plan should be icv-iscd to show the culveit, culvert inverts and a ditch directing drainage to this culvert. • The plans should include erosion and sediment control details, planting and restoration infotmaiion, a typical ditch section, and ditch restoration details. If you have any questions please call me at (65 1 ) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCLVTES, INC. Tom Kellogg Cc: Greg Cappa, City of Orono • St Paul. St Cloud. Rochester. Wiilmar, MN • Milwaukee. Wl • Cnicago. li Athtmmnt laeuyr ana laiplayta 0»na« RUNDAU i/M/TVM U 26ll»n20ni3 Meor ADOR l»W SIXTH AVI. N OWKfHNAME 1C WHIIMAN&UMWIIIIMAN TAXfAVrH XllINtWIUlMAN NAMt/AlXm l»»«6TIIAVtN lONGLAKCMN S'JM M 26lll7lin007 mOfAUUft l>SO SIXTHAVEN OWNER NAME R W ORDWAV A C S OHDWAV TAXPAYER PHILIP WR ASSANURA S OWUWAY NAMTMIMIR I5MMXTHAVPN LUNG LAKE MN 31 201112)330029 PROP AI>I)R I4R5 SIXTH AVF N OWNER NAME W PEARCE A II A PEARCE TRSIL.S TAXPAYER WII LIAM A DAHIIAKA PEARCE NAME/AIK3R MR3CUHONOO LONG LAKE MN 35303 31 27III2UIUUI6 PROP ADOR 31 ADDRESS ONASSRMJI OWNER NAME SIATTiOT MINNESOTA TAXIAYIR NAML/AIX)R DNRREAI ISklATLMCMT ATTNOIHDITGURIH KIOEAlAYLITEKn SI PAUL MN 33133 HLUNLnNEOUNTY l•RU^•EH| •| IMORMAIION S3 SIEM I'RWfcRl V OWNIJIS LIST «l 2011112)320003 PROPADtiR 1340 SIXIHAVE N OWNTR NAME ADRTHURI SC HLOilOHM IV E T AL TAXPAYER AIIRIHI/R ^ STHI O&rNIM IV NAUf/ADUR l340M.\niAVEN LONfilAKLMN S^IVi M ;oitX2l«20000 PREIPADOR I3WMXIHAVEN UVCNIKNAME WHITMAN HI Al I STAIE PTRSTIP TAXPA3ER JOHN! WHITMAN NAMI/ADDR I3T0 6IMAVEN lONOLAXr MN 33130 31 20III2M2000S PROPAINlR UIV MXTHAVEN OWNER NAME R G HAUSER AST MAUSER 1AXPAVT R ROIIERT G A SALLY E HAUSER NAMI/ADOR MOT SIXTH AVI N lONUEARLMN 3M3(, M 2MI»:H200IT PROPADOR I3X) SIXTH AVE N OU NTR NAME P W ORDWAV ACS OHDWAV TAXPAVTR PHILIP W.CAVSANORA S ORDWAY NAMUAODR I330SIXTHAVE.N lUNULAKI MN 33330 Cg .11 2(iMS2IJIWI)2 PROP ADDR loon IONG LAKt ULVO OWNER NAME CAROI JCAIACOR TA XPA Vr R CAROL II AN C AIAC OB NAMl'ADDR H«' LONG I AKI BLVD |UN(>(AXI MN 33JM, 311 201 IR2 moon PHOPAOUR 1323 MX I HAVEN UWNIRNAML SI) A S G MORRISON TAXPAYER SCOTT H A SHERYLG MORHISON NAM12ADDK l3:'0tHAVLN lONGIAKLMN 33330 U 2IIM2URO09 PROPADOR ICVI NORIHIARMRO OWNER name amdui XI mack TAXPAYER ARIA LEM MACH NAMl/AINM lOMI NORTH I ARM Rl) CRONOX1N 33)36 W 27IIR2UIOOIO PKUPAODR IMO NORIM TARM RD OWNER NAXIC T AlllIRTAMtlHLRI IA.XPA3IR THOMAS lOLKT NAME/AUDR low NORTH I ARM Rll U3NGLAKI MN 3'»'* *•<<» I cue I ITT T HAT THt FACLS REPRtSCNTT D ARL AS ACXURAIT. ASO __^ ITUIF. REPRtSCNTAIlONOF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS^ OF THE IIEPMEPIN OXJNTY TAXPAYER SERVICES DEPARIMLNJJDTHt ni;ST OrMVKNOWlXOGLANDDEUEF. . -j*/ date 1i£?Z/ ov , R3 l>w I •»rtiBcr<5 ■;> Iwi , I ll' M04-3035 Ju!v 19. 2004 P«tc 1 of J Dale Application Rrcei\cd: 6-13*04 Date Appliralion Considered as Complete: 6-2J-04 60-Day Review Period Expires: 8-22<4)4 Chair Rahn and Planning Commission Members Ron Moorse. City Administrator From: Date: Subject: Janice Gundlach. City Planner/^ July 1.2004 04-3035. Mark & Susan Strobcl, 525 Hunter Pass - Conditional Use Permit for Plumbing in an Accessory Building • Public Hearing Zoning District: Lot Area: Lot Width: RR - IB. One Family Rural Residential District (2 acre minimum) O.502 acres (283.229 s f.) 81 feet Appiication Summary: Applicant requests a conditional use permit to allow plumbing in an accessory building in order to construct a bathroom consisting of a toilet, sink, and shower within the CM^ting pool cabana. Staff Recommendation: Stall recommends approval of the conditional use permit as requested stipulating execution of the covenant slated within the Zoning Ordinance and described herein. Pertinent Zoning Ordinance Sections Sec. 78-418. Conditional uses. Within any RR-IB one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal saititary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. List of Exhibits Exhibit A - .\pplications Exhibit B - Applicant ’s Nanaiive Exhibit C - Existing & Proposed Surx eys E.xhibit D - Elevation View Exhibit E - Floor Plan Exhibit F - Aerial Photograph Exhibit G - Property Owner ’s List Exhibit H-Plat Map MM-3035 J«l> 19.1004 r>fc2orj Backgroviid The applicants constructed their existing residence in 1998 following subdivision approval in 1997. The existing pool and pool cabana was constructed within the same year of the residence. The applicants are requesting a conditional use permit to install a toilet, sink, and shower within the existing pool cabana. The applicants have staled their intention for the bathroom is so their children do not have to come into the house to use the bathroom while swimming and also for a changing room. LOT ANALYSIS WORSllEET RR-IB Lot Area Lot Width Required 87.120 s.f (2.0 acres)200 ’ 1 Actual 283.229 s.f. (6.502 acres)81’ @ cul-de-sac 368 5 ’ a Co Rd. 6 RF m Required Existing Proposed Front 50 ’190’NO CHANGE Rear 50 ’ (26* from wetland) From Welland: 73’ - house 71’ - pool 113’-cabana NO CHANGE Left Side (north)30 ’199’NO CHANGE Right Side (south)30 ’360 ’ house 320 ’cabana NO CHANGE Structural Coverage The lot is i.. excess of 1.99 acres and is therefore not subject to structural coverage requirement established under Section 78-1403 of the Zoning Ordinance Hardcover Calculations The property is not within 1,000 ’ of a water body designated within the Shoreland Overiax District and is therefore not subject to hardcover restrictions. Conditional L'm Permit Analysis Section 78-418 (b) established conditions that must be met in order for a conditional use permit to be granted to allow plumbing within an accessory building. The applicants are able to meet the following conditions: a. The council finds that the proposed use of the accessory stricture with plumbing will not be detrimental to the residratial character of the neignborhood. H04.303S July 19.2004 PateJorJ 71te applicant ’s property lies within the 2 acre zoning district where many homes have conditional use permits for plumbing The applicants lot abuts a cid-de-sac to the northeast, wetland to the direct north. County Road 6 to the south and a substantial wetland to the west The closest residential lot is to the east where the septic sites are closer to the cabana than the house. Staff does not anticipate any detrimental effects of adding plumbing ti. the pool cabana b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The applicant has proposed a toilet, sink, and shower which are all permitted fixtures under the CUP requirements for plumbing in an accessory building c. The property is 2.0 acres in area or larger. The property is 6 3 acres in area Even w hen the wetland area is deducted the property would still have well over 2 0 acres of dry buildable property d. The accessory building is conforming in location, size and height. The pool cabana is under ~50 square feet where a 10 ’ setback is required The e.xisting setbacks are in compliance at 113 ’from the wetland and 320 from Co. Rd 6 e. Tlic property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be; 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented. lca;cd or otherwise pro\ided for use as a dwelling under any circumstances. The applicants have indicated they will not use the building for any of the use:^ listed above. The resolution approving the conditional use permit for plumbing will include execution of this covenant As noted above, the applicants arc able to meet all standards established by the conditional use permit section of the Zoning Ordinance pertaining to plumbing in an accessory building. Staff cannot anticipate any negative impacts and would recommend approval of the CUP request Issues for Consideration 1. Can the Planning Commission anticipate any unforeseen negative impacts? 2. Are there any other issues or concerns with this application? Staff Kecommcndalion Approval of the conditional use permit as requested stipulating the applicants agree to execute the covenant mentioned herein staling the use will not be used for a home occupation, dwelling unit, or reniedicased. L REQUIRED SUBMITTALS 1. 2 3 8. 9. .Completed Application Form . Describe request in detail ’ Certified Property Owners List of owners wiinin 350* of tr.e subject property, labe's and plat map L st. labe's and map may be obta ned from Henrepm County Department of F.nance Government Center. A-603 300 South 6” Street. Minneapo is. telephone 612-348*5910) . Cerii'icaie of Survey (signed by a licenico surveyor) - refer to ^andoul for survey information , Attach legal description to application if not included on requ red surv ey 1 Topographic survey (existing and proposed contours) if land alterations ’ involve charges m elevation (grades) . List of the legal names (include nantai status) of all persons with an interest in 'the property. This would include name(s) cf applicant(s) if not current owner(s) _ Construction plan, if applicable (see staff for requi'ements) _ As an addendum to tms application, please attach a separate list o' any ether ’ persons you wish notified of this application YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMI*rTEO. (Staff will require scaled drawings of all oocumenls. plans, etc to be submitted ) The Applicant and Property Owner must sign this application Please remember that your apolication is not complete if the above information has not been included Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff___________________________Date________________ APPLICANT S SIGNATURE The applicant hereby agrees to provide all mform.ation required or requested by the Zoning Adm.inistrator. agrees to pay additional fees (staff t me not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the t)i^s/\of h.s/her knowledge Applicant's signature ed is true and correct to the besi Date /o'/ OWNER'S SIGNATURE The owner hereby acknowleoges and agrees to this applicat on and funher authonzed reasonable entry onto the property by City staff, consultants, agents, comm.ssion members, and Counc l members for purposes of investgaton and verification of this request Owner's signature Date Applicant must have aii subm. ttais into the City offices 25 days before the Piannrg Commission Mceurg Piannirg Commission Meetings are held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and adV'Se tne Buiidmg & Zoning Office of this change poor to the meeting •iv of Orono FrS'Ap’;^:cg'i'.on Meeting S^orm “•s *om fs tC' i:2 : :v2- / »*i?->rre> djrmg yojf gfc-arclico. cr. .. c* *;i-5?y: 5<5 W»;/rj./c'c.'.-sv PC G:.t6? ;-45co uc-trg 0a:t/7 r^«. y/>.X tj^__.'•,&. rCD?t«/‘?,Zvry /i U'f-rf' V. U c;:c ;j*j;;pcs-& '::2cUng? f. -?*r ‘;:^-5on rrestinc? aio t'lv ■•^P';'. rv*n? j- p'cpanng a cotrplele propo:•^^ r.for-' titc-n c‘ *:-! •■•“. 7-^ end re<;uire!re>'':'» o' v: :'o. 8 '.d identify po!'C;SS of regu:a:r.!:» or-.?:-’ .•. ‘Jos Of prcb'errs fr: rccos- r.~TY -r^iFORPfi,^T!Or: < . :'^ess 5f5 fz^__________________________________ •■.y Jicptiticaio'' Nu;rh?*'2; CCCt______________ •: .' ; ^r-•>/6 Qfti* F^ccar'v: >s-e>OZ /uiX-f, 'CJ-Y. y *;.Tir.'*-« nOW OF REGUtSiT*. *' P V •‘‘-.535. ’J39 U '-f ;ncu3t Use 7/.V7 ’ Hausr/Guest Apt □ Dupi-s.^ Cr-diV31'; Cu3t Use . □ _; ua-'d Alteration O Conin: Sffo P!a." .'t. w nrr ;, ^ ^5: currfn H’^» ~ *_ • vvfi-. ::,-Orl?r-AT!0:‘J: SyrV oy •'r.,u .-::••;:c ^ bvHAfpA 'y^L • CIJi-'.hJncrt i^,ii h€ lOfkrtL^ tr\ MfnTtT. Jy:c.:DsMMIp}IEs^^M.<L^ <f-rr_^jhyi _ejffhxirLf]/s ^jL :-.<fc3€ not?: Ycur appl.ca!!on %vi!* MOT os assented .t:::0 i fcmt Will b€ corr. .Anijiirst;* Signature: appl.ca!!on v/i!* MOT os sssssted with « corr.s.e/td C.tX^*OD P1) icut a pre*3ppMcation meetnj p jrrg ;iw !:C/255 6 mm otmo« ui5-wi< EXHIBIT B Mark D. and Susan R. Strobel 525 Hunter Pass Orono, MN 55447 (763) 249-0742 June 22.2004 Dear City of Orono Planning Commission; Please accept this application for a Conditional Use Permit for the addition of a bathroom in our pool cabana. The cabana is located in the backyard of my home located at the address above in Orono. We would like to add the bathroom to prevent our children and their friends from dripping water throughout our home to use the bathrooms while s\v iming. r>ur wood floors are getting ruined! In addition, the pool house is often used as a changing room for guests as well as an exercise room for our family. We'd like to be able to take a shower and change out there after a workout instead of inside the house. It would be far more convenient for our guests to shower and change there after a swim as well. The only other sb.owers in our home are located in bedrooms. The sewer and water lines will be brought underground from the utility room in our home to the cabana well under the frost line. A waste stack to our septic system is located there as well as all the water lines that feed the house. Tying into them should be very easy. The cabana is heated year-round with a gas wood stove on a thermostat since w^ use it as an exercise room. Thank you in advance for your assistance with the Conditional Use Permit. Please contact me at my ofiicc if you have any questions: (763) 475-6676. Yours truly. Mark D. Strobel MDSrms Attachments .7 f rr r—! rr rz r'xzT.xzz'—I e-L-CLV/A-Tltf?!^ EXHIBIT E @ I II I ii II I'll imiMi I RUNDATC wvkw 10 UIIUIIMOO; 3rAOO« IM5MUNURDII >neii name k h mummy ir a k mummy MAYER RAlMtRINtflUHOSLEYMURniYJR ME/APfR IM5MUKTERM WA./ATAMN »»l yg 2)III213I0003 DfAOUR JR address UNASSKiNtD /ner name spring hill golf Cl 110 XPAYEiR SPRING HILL GOLF CI.UO ME/ADOR TOO SPRING HIURD WAVZATAMN SJJ9I Jl 2SIIR3I1IOOOT OfADDR 4M HUNTER PASS WERNAME WAANDLJSCHNEIDfR XPAYER WILLIAM AND LINDA SC MNIIDI H iME/ADOR ^ HUNTER PASS WAYZATAMN J$J*I Jl TSIlUDIOMN OfADDR 725 SIXIIIAVFN VNERNAME SPRING MILL «HF CLUB .XPAYER SPRING HILL OOl I CLUO kME/ADDR TOO SPRING HILL RD WAYZATAMN SJJ9I HENNEPIN COUNTY PROPLf^ TV INIORMATIOM SYSTEM PROPERTY OWNERS LIST PAGE I PROP Al>OR OWhLR NAMt ja .xpaylr nami -addr to 4M PIIIASANI RIDGE RII IAKMARIIN THOMAS A KAllllELNMARlIN 440PHr.ASANIRJDa;RD WAVMTAMN sjiti PRO! AllliR ■0 21llt7II40ryi« 4M» PMEASAMl Rior.r RO OWNER NAMt I MS^RIIIN A 0 A IIANSI N TAXPAYER • M SIHIIIN A 0 A IIANM N 4M)PIIIASANrKtU(.LR» WAYZATAMN SOU NAMt/A OUR H 7M18.MJIOOOT PROPADDR XX) HUNItRPASS OVk'NLRNAME R A M Dl I ANEY A A G IX 1 ANtY taxpayer RORYAANrCRETHEDELANkY namf /addr joomunierpass WAYZATAMN SM9I JR JMtWIlKXW PROPAOUH SJJ IIUNTIHPASS OWNLRNAMi. MDASRSIHOIlM |AXP*''»R MARX da SUSAN RSIHOIIEI. NAMI/A'.OR ?»IIUNflRPASS WAYZAIAMN SMII JR IMIR.’UIOOOI PROP ad :>r 47j muni rr pass OWNI R NAML HANIEI YAMROWOE TSY I VAMRON taxpayer DANIEL a OITSY UTT YAMHON nameiaddr 47J hunter pass WAYZATAMN 4SJ9I JR 7Jlli;07f)f<'»7 PROPADDR J« AOI)RISSUNASM(.NID OWNER NAME URlX I M A lUI H ISIUNtR T AXPAYIR nRIX'E M A Jill IE ISII INI R NAME/ADDR 144 EIX,I WOOD AVLS WAYZATAMN SM9I OF THE ilEMXEPIN COUNTY TAXPAYER SERVICES DtPARTMI>IT. TO THE DTST OF MY KNOWLEDGE ANDBBUEF. DATE ----------------------- . y II o f j ■ • V. J - J j)\.y 'i.i Mi a H n II iiWfililftlillL EXHIBIT H #04-3007 July 15.2004 Pace 2 Ne«v Inrormation MCWD has approved the wetland delineation as presented. The City Engineer has provided comments regarding the stormwater management implications of amending the wetland map and allowing the lOt to be buildable. His recommendations include expansion of the drainage easement to the 1012' elevation »*nntour, which further reduces the buildable envelope, expansion ofponding to tlie w cst of Uie ditch easement to pro\ ide w ater quality and rate control benefits; and the lowest floor elevation to be no low er than elev. 1014.0* 3.The City Anomey has indicated that although the Code docs not specifically prolubit w etland map amendments, w e should dctemunc w hether the ,\1C\VT) w ould oppose or support the buildahility, assuming all required setbacks and buffers to the remaimng delineated w etland arc met As of this writing w'c are awaiting word from the MCWD Joltn Smyth, the City’s wetlands consultant, lias mdicatcd he bcliev cs there is currently no w etland basis to deny buildability ufihc siie, since the ftlliiig occurred long before the Wetland Conservation Act W'ciU into effect in 1992. The fonne’’ w etland w nu'd not he required to be n stored under WCA rules nor undci current City ordinances. The area not delineated as wetland contains many mat are trees A driveway access could be established to sene the site w ithoi.1 encroaching the delineated w etland or the existing proposed drainage easements Construction of a residence on this site w ill be severely constrained by environmental factors A house can likely be designed to fit the revised buildable envelope w ithout encroaching outside that envelope, subject to no fdling allow ed below the 1012 ’ elevation. After factonng in the City Engineer s recommendations, the buildable envelope is depicted on Exhibit C. Staff Kccommcndation This Item w as tabled w iihoui discussion at the May meeting. Staff reconunends that the public hearing be held to determine w hether the surrounding property ow ners hav c any comments regarding the lot area vanance or the nature of the property. Further. Planning Commission should discuss the Issues for Consideration in the May 10 memo. If Planning Commission concludes that the City's official w etland maps should be modified to match the current w etland boundaries, and if PC concludes that the lot area vanance is supported by substantial hardship ( "Undue hardship .. means the propert\’m guesfion cannot be put to u reasonable use if used under the conditions allowed fry the offictal controls, the piigbi of the landowner is due to circumsiances unique to the propert\' not created bv the landoMner. and the v''nance if framed ^^ lII not alter the essential character ofthe localirv) then any motion for approval should as a mimmum be subject to the followmg conditions; H04-3007 July 15.2004 Page 3 1. 3. 5. 6. 7. The delineated wetland and a 26’bLifTer around its pennteier shall be subject to a Conscrv ation and Flow age Easement wiiicb w ill disallow atiy fiHins: or structures w ithin the w ctland and hufTcr area An additional dratnagr easement shall be required along the route of the dttch. to the 1012’ elevation contour. No filling, structures or obstructions may be allowed w sthin the drainage easement. All structures shall be set back a rmmmum of 10* from the drainage casement, to allow for protection of the structvircs and to allow access to the rear of the house. The lot shall also he subject to the stand:ird LR-1A setbacks of 50* front and rear. 30 ’ on the sides. Tlic various setback requirements noted here and abose result m a biiildablc envelope approximately 50* deep by 75 ’ wide. A dnvew ay to access the site shall be located so that it meets the required w etland seth.icks and docs not encroach the draiiuge casements. Lowest habitable floor elevation shall be no low er than elevation 1014*. Prior to Council action on the variance application, applicant shall provide for City Fncincer approsal a schematic house design and grading plan show ing how all of the above conditions can be satisfied. Prior to issuance ofbuilding permits, applicant shall provide sufficient soils'gcotcclinical and design infonnation to establish that the proposed improvements will be structurally stable The C ity w ill concurrenth w iih the resolution of variance appro-, al adopt an ordinance amending the City’s wetland map. Applicant shall grant an casanent and construct stormw ater .-ate and quality control ponding in the area westofthe existing ditch. Applicant shall participate in the costs ofrcplaccmcnt of the culvert under Lakeview- Terrace. If Planning Commission determines that the lot area variance should not be granted and or that the w etland map should not be amended, then a rccommcndaiion for denial w ould be in order. f / JU^-2<-2ae4 12*16 PROM yj-^ «i2:aiAv«ff*aB.'kd Dnpp««\lits»»i Pr«ni:t»2}«r«90 FtK(»S?)47l<C682 t^OlrhRa^B^«7Mh Vi WiS &:t wiM..Tinniht^«:rMk erg Bo«rdofllUMg«t P4r«'aBoe J«M« C«%ri U4TMF»h*f SuuiQctU ROw-iMi'ief ErtiS^Ti Sesarnorru MiiBgfcato Kri»ftk|^^Watffrshei listfict 952243461S P.32/22 DATE; TO: FROM: CC: RE: Improving Quality ofWater, Quality of Life Eaabliihtd in 1967 MEMORANDUM June 24.2004 Marc Brlckman. Cotdwell Banker Burnet Jesse Carlson Compliance Officer Mike Gaffron. City of Orono Wetland delineation review at Bower 1925 Lakeview Terrace, Orono, MN I have completed review of the wetland delineation performed at Bower 1925 Lakeview Terrace, Orono. MN. I have verified the boundary as it is staked in the field and deom i! acceptable. A project may require a Minnehaha Creek Watershed District (MCWD) approved permit. If you have any questions regarding our permit requirements please feel free to contact me at 952-471* 0590. I appreciate you allowing mo the chance to review the wetland delineation and look forward to working with you In the future. If your intentions are to build a structure or landscape in a way that would involve the grading of 5.000 square fee: or more, stockpiling or excavation of more than 50 cubic yards of matenal or more, or impacting the wetlands on this property you will need a permit form the MCWD. If you have any question, please contact me at 952-471-0590. Jul 14 2004 10x40 BONE8TROQ R08EHE RNDERLIK 6516361311 R.2 that could provide a water quality benefit and tome rate control for atom water pasaing through the channel. If the City doet construct a pond on this site It could seduce the overall alze of any ftiture upstream ponding needs. • The City should require a detailed gradingplan for any proposed structures on this site. The City should review and approve the grading plans paying particular attention to drainsge reaching the r-hMnei tom the east. Care should be taken when locating buildings and driveways on the site so as not to impede drainage to the channel. • Soils on this site are likely to be structurally unstable. We recommend that soil borings and a geotechnical raport be commissioned as an aid to designing any structural improvemenu to the site. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTRCX), ROSENE, ANDERLDC & ASS(X1ATES, INC. Tom Kellogg C:c: Greg Gappa, City of Orono 1>- > CITV OF ORONO 2750 Kcllo* Parkway P.O. Box 66 Cr>»tal Bay, MN 55323 (952) 249-4600________ ZONING FILt a04-3007 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: Mav 19. 2004 TO: Harold & Mildred Bower 68 Copperhead Cove Trail Old Fort, NC 28762 COPIES: .Mark Bnckman (Fax) 952-474.9583 TYPE OF APPLICATION: Variance / Revise Welland Map DATE OF MEETING: May 17, 2004 Planniag Commission recommended as follows: Tabled, because neither the applicants nor their representative were in altcnJance, VOTE'. Table 7 FOR 0 AGAiyST Applicant’s next scheduled meeting is confinned as. _____City Council - Monday, June 21, 2004; meeting slarls at 6:00 p.m.____________ If you desire certified copies of the official Planning Commission mimitcs, they are available from the City Recorder after review and approval by the Plamting Commissmn If you hav e questions, please call Planning Director Mike Gaffron at 952-249*4600 60-Duy Extension Notice. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this rev iew penod may be extended by notification to the applicant. Your application was received on April 19, 2004, and was deemed as complete upon the submittal of the topographic surv cy on May 6, 2004 The 60-day revit-v. period would end on July 5. 2004. However, because additional inforr.iaiion has been requested and because your application w as tabled by the Plaiuting Conumission to the June 21 meeting, the earliest scheduled date of final Council action falls after the 60-day penod ends. Therefore, ihc 60-day rev iew period is hereby extended an additional 60 days to September 3, 2004. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ________ ZONING ni-E =04-3007 NOTICE OF APPLICATION STATES DATE OF NOTICE: June 15. 2004 • - ^ .V TO: Harold & Mildred Bower 68 Copperhead Conc Trail Old Fort. NC 2S762 COPIES: Mark Bnckman (Fx\) 952-474-9583 TYPE OF APPLICATION: Variance / Revise Welland Map MOST RECENT MEETING: May 17. 2004__________________________________ Planniog Commusioo recommeDded as follows: Tabled, because neither the applicants nor their representative vere in attendance. % OTE: Table: 7 FOR 0 AGAISST Applicant's next scheduled meeting is confirmed as; NOT SCHEDULED - DEPENDENT ON FURTHER INFOR.M\HON BEING SUBMITTED: The application cannot proceed without Miivichaha Creek Watershed District IMCWD) comments and certification of the wetland boundaries, as noted in the staff memo of May 10. It is up to the applicants to arrange for MCWD certification of the wetland boundaries. The City Attorney will be asked to comment regarding tlie legal aspects of the City’s wetland designation. Once w e know how the MCWD stands on this issue, the City Engineer w ill be asked lo comment on the i'onnwaier management implications of declaring this lot to be ‘not v-ctland ’. Tlie application will not be scheduled for further Planning Conunission resiew until the applicant has submitted the required information from the MCWD._______________________ If sou desire certified copies of the official Planning Comimssion minutes, they are av ailable from the City Recorder after review and approval by the Planning Ccmniission. If you have qucstion.s, please call Planning Director Mike Gaffron .it 952-249-4600.______________________________ 60-Day Exicosioa Notice. State law provides that Cities shall make decisions on zomng requests within 60 days fiom the date of application, and that this review penod may be extended by notification to the applicant. Your application was received on April 19.2004. and was deemed as complete upon the submittal of the topographic survey on .May 6.2004. The 60-day review penod would end on July 5, 2004. However, because additional information has been requested and because your application was tabled by die Planmng Commission to the June 21 meeting, the earliest scheduled date of final Council action falls after the 6G-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to September 3. 2004. Dite Applkition Received: 4-19-04 Ditc Application Considered as Complete; 5-6-04 60-Da> R(vie>* Period Expires: 7-5-04 From: Date: Subject: Chair Mabusth and Planning Conunissicners Ren Meorss, City Adm.nistrater Mike Gaffron, Planning D:rsc:or^-r^_^ May 10. 2004 iA: 204-3C07 Harold & Mildred Bower, owners of "1925’ Laksvjsw Terrac. 1) Revision of City Wetland Map 2) Let Aiea Variance Legal Description: Zoaiog District: Lot Area: Lot 2, Block 2. Long Lake Country Club Addition LR-1A Single Family Lakeskore Residantial, 2.0-acrc inin Gross; 43.957 s f. (1 01 acres) Delineated wetland ♦ S.13C s f (0 19 acre) Area of interior drainage easement, z 6,120 s f (0.13 acre) Net Diy Bui’.dable; z 29,700 s.f (0 69 acre) Lot Status: This vacant lot w as created w iihin the plat of Lone lake Ccniv.iy CUib add.tion in 196 \ The applicants are the property owneis of the adjoining developed residential lot ai 1OSC Brown Road North which they purchased in 1970 The applicants have owned this vacant parcel since 1974 Application Summary: Applicants request that the City revise ns June 1975 Wetlands Inventory and Classification to exclude the portions of this vacant lot that are not wetland under the recent delineation, and to grant a lot area variance to allow- the lot to be sold as a building site Staff Recommendation: Staff recommends that the public hearing be held to detenmne whether tht sum-unding property owners have any comments regarding the lot aiea \ar.ance or the nature efthe property.. The application cannot proceed without MCWD comments and certification of ihe wct’.ar.i. boundaries The City Attorney also will be asked to proxide comments regarding the legal aspects of the City’s wctlmid designation. Once we know how- the MCWD stands on this issue, the Cty Engineer wiil be asked to ccniment on the stormwater maragement implications of declaiirg this not wetland. Ihis review will ultimately requite tabling to the June meeting List of Exhibits A - Application & Hardship Statement B - Letter of Request C • 2004 Survey w ith Topography and Wetland Delineation D • 1975 Cit>’ Wetland Invcntoiy Overlay Map (1970 Base Photo) E - 1955 .Airphoto; 2004 Airphoto F - 1960 Preliminary Plat inch Topography G - National Wetlands hventory Map H - Orono Surface Water Management Plan Map I - Minnehaha Creek Watershed District * Functional Value Assessment of Wetlands Map J - City Wetland Consultant Comments 5-7-04 K - Wetland Delineation Report L-Plat Map M - Property Owxers List •04.3007 May 10.2004 Pa|c2 N - Adjacent Owners Acknowlcdgxent Forms O - Sewer As-Bu:!: Maps P - Code Sections TS-HC9 Aru 7S-1112 Q - Staff sketch R • Watershed Area Topography Procedure ^^’hile the request for a lot area variance is not out of the ordinary, the request to *un-des;g::aic* a C:ty- designated wetland is anythmgbut routine. No map amendment process is specif.cally dcfjted in ilte zoning code relative to the 1975 Welland In\-cntory Map. We are treatir - it ftmctionally as a zoning map revision, bat not as a rezoning. and it will require a simple ma;ority (3/5 vote) at the Council level StitTaJ viscd the applicant to proceed with the w etiand re-designation request application concurrently w ith the v anar. *e application, and w e are researching “as we go" to determine what other agencies may need to be ir.\ oh cJ and what information is necessary' to properly rev ew this map revision. Background Prior to 1959, this property was part of a single tax parcel used as farm i.clds. Our set of 1955 acrul photos indicates that the area encompassed by the current lot in question was a w etland by today’s standards; however, it likely was not considered as w etland in the 1950's, and Orono did not have a wetland ordinance until 1963. In 1959 a subdivision application w as filed to divide the property Into half-acre lots. The City at that tiir.c was in tlte nudst ofdiscusstons about minumun lot size for residential lots, and w ble the prcLn\r.ar> plat was approved by CouiKil as presented, the Council a year later rcftiscd to gra.nt final plat approval, indicating the code had changed in the interim and one-acre lots would now be required. Afier a series of legal g>Tations, the then property owner agreed to plat wnth one-acre lots, which plat w as recorded m September 1961. Lot 2, the lot in question, had a 20’ wide drainage casement platted through it for a drainagcw ay, a ditch leading from the wetland north of the road and leaving the propeny midw ay along its south boundary The plat created 21 onc-acrc lots, and roads were constructed. Between 1964 and 1969 building permits w ere issued for 3 4 of the lots. The remaimng lots w ere b. nit on in the early 1970’s or w ere never built on. Li l970iheBower’sboughtihchomeat IOSO Brown Road North, and in 1974 acquired the adjacent lot (the bl m question) from General Realty Company as a buffer. The lot was not a tax forfeit properts, but had delinquent taxes at the nine they purchased it. The County Deed Tax paid was 52 20 and it is estimated they paid less than 5500 for ii according to County records. We assume they also paid 3-4 years of back taxes. •04-3007 May 10,2004 Pages In 1974-75 ihe Hennepin Conservation District staff picpared for Oronc a map of wetiands to be protected by the City, based on soil survey maps and overlaid onto a set cfhalf-section 3 V/ airphetos taken in 1 9"0. Or. titc 1 97C airphetos, I akeview T errace cuts through the center of the old wetland urea, and the w etlar.d overlay indicates that v.r.ually the entire area of Lot 2 is ccitsidered as w etlar.d. Sc .1 Type **Fd”, which indicates £Ucd land It is assumed that the f.ll was added durutg ic ad construct.on ut 1961, but we have net been able to pm it down other than sc.T.etime ber.^een 1955 and 197D. Jurisdictional Authority The City has relied on the 1974-75 wetland m\ ontory as the definitive mapping of wetlands protected via City ordinance Sections 7S*l 109 thru 78-1 1 12 (fcimerly Chapter 10.55 Subs. Stlu-u S). The advent of the Minnesota Welland Conserv-ation Act (WCA) in the early I990 ’s resulted in an additional layer of protection ofwetlands, established a variety of parameiers for defining and delineating w etlands, and established certain tiine&amcs for applicability of those parameters The City has authonzed the NLnnehaha Creek Watershed District (MCWD) to act as the Local Govemmeni Unit iLG’J) for administration of the WCA. Wetlands are also Federally regulated by the .Army Corps of Engineers Tlic City code fu.“.ctionaHy ignores wetlands not sh'^wn on the 1974-75 Orono Wetland Diventory, but many small w etland basins not shown on that inventoiy arc shown on the various maps used by the MC\\'D for w ctland administration. These maps include the National Wetland Inventoiy maps (1 9S9 USDIFWS); tire MnDNU's Protected Waters and Wetlands maps (19S3) and MCWD’s “Functional Assessment of Wetlands” (2003) Additionally, the MCWD requires delineation of wetlands for all development w here a w etlan.i may be involved. Due to the WCA wetland delineation guidelines, many small Type I and II w ctlands w hich il.e City never contemplated protecting, arc proiccicd under WC.A rules. Current Wetland Status of “1925" Lakeview Terrace Under Citv' Ordinance 78-1 1 12, virrually tlte entire lot is considered as a City-protected w ctland, and has carried that status since the City maps were adopted in the 1970's The nor.hcasterly poiiion of the propery has been rlclincatcd by the applicants ’ w etland consultant as WC.A protected w etland. It has been delineated as a "Type 2 (PEM13) w etland dominated by reed canary grass along with some lake sedge and a few red-esi er dogw oeds ” Thi s delineation dees not include the ditch area. On ? lay 10 the applicant w as advised, per the recommendation of the City’s wetland consultant, to have the MCWD cenify- the wetland boundaries. Ihis cenification is still pending. The wetland on Lot 2 is 005 m^ped on the N^VT maps nor the DNlt. maps, and is mapped on the MCWD’s "Functional Assessment ” maps. M040007 May 10.2004 Pate 4 Ths area mapped as wetland is relatively flat and epen. but slightly hisher m e!e%’ation dtan the r.c n- delmeaied wetland to the immediate scuth'Aest This ncn-delmea:ed area has mar-rcbex elder and cortcr.wcods growing in the old f.Il. Issues to be Coosidered 1. outer junsdictiona; • Assumir:: .le MCWD certifies the wetland boundaries as delineated, will they: - require that a ouffer be established and maintained'* How much buffer'* - allow filling of the wetland to accommodate a house, dnvew ay or other amenities'* • include the ditch as wetland as they apparently have done with the Momes Auto property, causing problems with future development of the sue"* • Or, will MCWD find that the entire sue is filled wetland and should be restored'* • This IS no: a DNR protected w etiand; w hat is the Coips of Engineers* junsdictional position in terms of pas: wetland filling? 2. Functional issues -The site contains fill soils which have a potential to be unstable for foundation purposes. We don’t have any idea ofwhat's below the fill . 10' cfm.v.ck'* •Thedrainagew ayservcsaspccificpublicpuiposcar.dmustbetnaintamed in its current location, It has the potential to be an amenity to a home on this sue, but at the moment it *s a place for debris to collect and for w ater to flow . • If the delineated wetland cannot be altered, and if MCWD requires a 16 ’ buffer around it. this lea\ es an area mceimg LR-1 A setbacks of approximately 50’ x 1 00' in the low cr cl o\ atiens of the lot, m the filled area, as shown m Exhibit Q - FurJter. if the City chooses to treat the remaining w etiand as City protected and give up the filled area as no longer wetland, then the City’s 26* wetland sctbac ’x would appls , and the lci,a! building pad area reduces to 50* x 90 . - Because the site is so low. it is 'uxely that fill w 111 be needed to make it buildable, and no basentent would be feasible due to the extremely high water tabic . 3 Environmental issues: - Stormwater from the church parking lot drains ihrcugli the ditch on Lot 2 The upstream drainage area from the culvert under Lake\-iew Temace is approximately 1 0* 12 acres. The Orono Surface Water Management Plan indicates a stormwater pond is needed at the outlet of the church parking lot... • Lot 2 is the low poutt ui the immediate ncighijorhood to w hiclt runoff naturally drair,$. Any home built on the site will have to re-direct drainage to ensure Ccodmg does not occur. - The lot appears to have been used as a neighborhood dumping ground.. old abandoned appliances arc scanemd on the sue, junk and debris line the drainageway, and an old brush pile is stacked at the northwest corner of the site. All these would likely be eliminated if a home is consmicied on the site... •04-3007 Ma> to. 2004 Page S General issues: - UHiat value to the C:ty or the public is gained or retained by not al’.c-.ving the lot to be developed for a single family residence? What value is gained by allo’* :ng it to be built cn? - Was the City's designation of the site as wetland in 1intended to preserve its remaining funetions as a rano^collecuon point for the neighborhood'’ Or as it untended to preser. e the site for fumre ctland restoration? . Does It matter whether the picpeny owner was unaw are of the wetland designation for this property for tite last 3D years'* - “The property w as purposely not assessed for se\ver in the re'cn: sew cr proj ect that serv cd the ncigliborhood,because die Cir> be’ue\ ed this lot is unbihldable w ciland How ever, a sew er stub was installed to avoid digging up the road if the lot became buildablc in the fatuie • Applicant states in his Icnc: cf revues: that the parcel w as purchased as a buffer in 1974 Based on information we have gleaned from the County records, applicant purchased it for a mini:nal sum. The 1974 und 1975 tax records show a value on it of S2.700. • How docs the history of tax valuation affect ±e Planning Commission's view of this site'’ While the assessor’s land valuation for this vacant parcel increased steadily from S5.4C0 to S18.000 during the pened 19S0 to 2002, for 2003 it;u.T.ped to S90.000. During lire same 22->'car period, the homestead parcel land value w cm from S17,500 to S7S.OOO. with a >«Mb*tantial (but not five-fcld) increase in 2003 to $109,000. It appears the assessor has wk acluded ilie vacant lot isbuildable, since it has been assessed at approximately the same value as the land porhon of the applicants' homestead parcel next door. Merits of Lot Area Variance Request The following table illustrates how this lot conforms to the LR-1A standards LR-IA Lot Area Denoed Lot Width Required S7.120 s f. dry buildablc (2 0 acres)200' Actual 29,700 s f. dry buildablc (0.69 acre) 290' LR-IA Required Front (North)50' Rear (South)50* Side (East and West)30' Wetland 26(Orono); 16?(MC3MD) Drainageway easement O' (but not in easement) Resulting buildablc envelope 50' deep x 90-100' wide •04-3007 Miy 10.2004 Past 6 Stru^uml Covtngt: Total Lot Area Total Structural Coverage 1 43.957 sf (l Olac)Allowed-15“/o-6.600 sf t Hardcover Calculations; Hardcover Zone I Total Area io Zone !Allowed Hardcover 500-1000-1 43.957 sf.15.400 s f (35 »c) Hardship Slatcmcot Applicant has pro\ idcd a hardship statcT.cr.t, and should also be asked for his testimony regarding the application. H.'irdship Analysis III coHtideriiig applications /jr larianct. the Planning Commission shall considtt tha cjfcet of tha piopostd surianca upon the health, safety and welfare of the eommunity, existing and anticipated traffic conditions, light and air, danger offl'e, risk to the puhlie safety, and the effect on values of property in the sni rounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of tha Zoning Code in instances vihere their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall reeemmaud appioval only nhen it it demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code, Staff ould make the folloi* ing coiTimcnts ;n regards to the cntcr.a for ’’undue hardship” pertinent to this application: 1 . ’’The propeny in question cxnrot be put to a reasonable use if used urder conditions allowed by the officii controls." The area variance is necessary to allots ttse of ike sue for restdenttal dwelling purposes The zoning code would nor allow use of this property for accessory uses •vithoui a principal structure It can gain a principal structure by being combined with an adjacent parcel arid being used as buffer area as it has been for the past three decades The key issue is whether the official controls (dry wetland designation and ordinances prohibiting wetland encroachment) are reasonable for this property 2. ‘The plight of the landowner is c ;o circumstances unique to his propeny not created by the landovfc'ncr.” The lot size and w etland stavus are factors unique to this lot and not under the applicant 's control •04.3007 May 10.2004 Pa*e7 3. "The vanar.ee, if granted, wi!’ • '♦ alter the essential character of the locality." Craitimg of lot area .« »■ e to s’lo^v a house to be constructed on the site ^m!1 l:a\e only a minor impact c ' '‘haiacter of the neighborhood, as Ic'ig as the house meets the setback standard:,". Vie 2-acre zone (which will center the house or the lot more than for other lots in the neighborhood which v e-e developed under a lesser standard^ 4. "Eccnomtc considerations alcnc shall nc: constitute an undue hardship ;f reasonable use for the property exists under the terms of the Zoning Chapter." Applicant has not suggested that economics are a factor However, staff cannot ignore that the assessor j recent \aluation rrereoje on the property may be influencing the applicant s percei\ed value of the property 5. "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The lot Size is typical of the immediate ar^a. and a!! homes m the immediate area a<e subject to the 2-acre standards even though thtr^ are I-acre lots The wetland condition IS a unique factor to this properr, and the vacant lot across the street,^rom "The conditions do not apply generally to ot'r.or land or structures in the district in which said land is located " The lot size is unusually small for the LR-lA District "The granting of the application is necessary for the preservation and enj o>mcnt of a s ubitaniial property right of the applicant." Craniing of area variance is necessary to allow use for lesuiential purposes Whether the applicant has a right to use the property fer that purpose is a function of wetland ordinc'ices. laws and rules, how they have been applied in the past and how they will apply now "The granting of the proposed variance will not in any way impair health, safety, conifcr», morals, or m any other respect be contrary to the intent of the Zoning Code." Granting of the area variance to allow a house on the sue will not be contrary to the intent of the Code if it can be demonstrated that the area designated as wetlarul is no longer serving vveiland functions arid cannot legally be required to be restored to its condition prior to the filling *Tnc gra.niing of such var.ancc will not merely serve as a ccnvcnicncc to the applicant, but is necessary to alleviate dcmcnstrablc hardship or difHculty." Granting of the lot area variance may supported by hardship due merely to the ictc-- imposed 2-acre requirement However, the wetland status cf the lot needs to be resolved nt order to allow the lot to be built on H04-3007 Miy 10, 2004 PigiS Staff Recommcodatioo Staff recommends that the public hcaringbe held to detemme whether the sunour.dingpropert\owners have any cotnments regaining the lot area variance or the narure of the propertvv The application cannot proceed without comments aid certification of the wetland boundaries The City Attorney also will be asked to provide coirjr.ents regarding the legal aspects of the City’s w'ctland designation. Once we know how the MCWD stands on this issue, the City Engineer will be asked to comment on the stormwater rrianagement implications of declaring this lot to be ’not wetland’. This review will ultimately require tabling to the June meeting City of Orono Variance Application A-1 Sfreef A caress. 2753 Ke' ey ParKway Ororo. WN 55353 Vaf'. S52-26s*«5:3 fax 552-263-65*S f.fa-i-g Ais^ss P.o. Sox 65 Crystal Bay. MN 5532:-::33 Apci raters ^ Cate Recer.ea. 'J ^ A-sur: Pas Sta*^ Fee L/L'J !/j. '.'y'yU 553: Rerexav s;:: A.*teM-e-fa:t; 5* 2Z: Cs.s e Fee —«j asp caiCT *0'“^ r"jst Ce ccripetes ir fji Acs sart vv* i ce “stFied w tTir 15 esjs as ts tie status s* t‘"e as? satorT Incorr.plete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: ----------------------------------------------------------------------------- F'operty Identficat.on Number (PIN)’ —//i^~ ^-3 y T. it / y (Attach legal deschotion to application ;f not included on the sur\ey.) Date Property Acquired (month/year); □ Yes. 1 cwn the ad.acent parce s Present use of property jp.Res.dent a! aCtrer ________________________________ Zoning Dist'ict: L /A____________ LOLC^i )oncr,n:¥ - APPLICANT INFORMATION: (Carne'et* :e;ar -a-es ard na-ta,statjs requ red for eacn. r-.e-estec pany ^ame; ^■Lr^AC'A'* r2c-.^ c/t. f ^ Pc.- ^____ Phone (home): ) 7a V -v l- v-T Address: ^.y CcPP€£f*£j^o 7T'*^/<- Email: _______________________________ Pnone (werk): /'^xy') 7p/ r.‘/.Q /gc/c-7- A _____________ O'ANER INFORMATION; (Ccr-? ete 'e,a rames z'c -ra-.a: s:at.s re?j res »sr easn .-^e-ested saty' Narre; /hpc*.^ /-/co /r/^v C Fr.cre (home): ^ o.f Phone (werk^ •?7/ - v-.r?? Address; 6.^ C; A-tv?//C:/•>O 1 iS Z?4 _______CwC A'C. _________ £rna'.’/ ___________________________________ ________________________________ DESCRIPTION OF REQUEST; Estimated Project Cost; $ ■ —■ - Desc' be the repuest m detail (attach acdlfcna: sheets if necessary). ScL^j^sr a_______ v/^g//.C^ ?*; T7^£- :o./ic/.*£ A. 7- S'3.^ /Z£€x j>J^e.^c\r^ ic ^/"-r Vfc\L/»5 A ‘‘O.ts> 7- TUrs S./UIS. /^c^e= Lcr caU*^s c-^/c./vn^t.y Aufi7~7~£o /f Ccs c-w<^ A 6A- 0 ’7'//e^S A-AygT d*‘-»vTAy C.Jiu-3 /I ■r.iT) fT /S Snil- LtST^n A< A /Z£S/D£>JT/AU Le T Cc.'A/Ty y'A-je /^gCrj?Z>j, /PA./J ^TTPiTf/A^^JS._____________________________ required SUBMITTALS: All Of the fo'.lcw.ng infomat'on must fce sjbnnitted by the appllcatisn dead:;r.e date in o*=e* fcr yc»r app ioation to be processed. □ Pre-App:icatior V.eetirg Fo'Ti. ccT.p>tdo oy a City Planrer. □ Corrpleted Applicat.on Form □ Compteted Hardship Documentation Fc'm U Certified Property Cwne's List - owners w th.n 150’ of the stbiect property, labe's and p'at mao List, labe's and map may be obta'^ed from He^'r^epin County Depan.r-ent cf F.nanoe, Government Center. A-602 300 Sojtn S’’" Sreet. r/.nr.eaPd's. telep^-cne S'2-348-591C □ Ohg -a! Certificate of Sua'ey (s'gnsd by a licensed surveyor), meet rg a i the reojl-er-a-ts listed within this packet, including hardcover calculations Also provide one copy 8.5" x V" or 11 X 17' fo' reproduction. □ Completed ha'dcover ca cuiaticn v;orksheets (as provided within tr.e variance cac'^et) □ Topographic survey - including existing and p'cposed elevations. Provide ere copy 8 5" xir or 11" X 17' for reproduction. □ Sketches or plans office* and elevation views (prpv de one copy 8 5" x 11' or 11" x 17") □ Additional items may be requested by City Sta*f cepenc-'g on the scope of the oroject. * APPLICANTS ACKNOWLEDGEMENT: Tne applicant hereby agrees to prov.da all information required or requested by the “laming Cepartment. agrees to pay adoitional fees (staff time not covered in the cng.nal fee payment) and/cr cor*.suitant expenses incurred in review of this application and cer.ifes tnat tne in*crmation supplied -s true and correct to the best of his/her knowledge The applicant recognizes that hc/shc is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until it is complete or to recommend the request denial of the request regardless of its potential merit. Applicant's Signature Applicant's Signature Date: n.• y Date. ^ u c c y OWNER’S ACKNOWLEDGEMENT; The owner he.'eby ackrcwledges and agrees to this application and further authorizes reascr'atle entry onto the property by C.ty Staff, consu'tants, agents. Cemmissbn & Council Membe's *or purposes cf investigation and verifeation of this request Owr,e.*'s Slgnatu'e: Owner ’s Signature; Date /\fP'L. /j, 0.S c y Date /9. ic r y Applicant must have all subm.ittals into the City offices 25 days befo-e tne Planning Conrirr.issor Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission anc Council. If an applicant is unable to attend a scheduled meeting, please na'<e arrangerr.ents t: have an authorized representative attend in place of the applicant and advise the City Planre assigned to your project. Page I cf3 HARDSHIP DOCUMENTATION FORM Th 8 form is a required submittal for ALL variar.ce applications. An apol caton ... f —^'j "^eet*r*q ac6ndas t*^*s f.. m sw.i r:t C9 C3ns>dered co*rp ’e:s or placed cn a-/ ccmp:ete and Submined to •.^e C ty Min-esota State Stat-e Sect:on 3S4 27, S-Ca vscn 7 req-'res fat a na'dsr p ts derrorstrated in order fcr a variance to be granted The ^a'dsnlp must oe unique to tne property as variances run vk^th re lard and not the land cwner. Personal and econpm c s-fJ3f/cns are net considered vahe ha-dshpa In o-de' for an app'.ication to os hea*a by tne Piarnirg Commission ana Cty Ccunc' a ha'cs^'p hav.nj ment must be de.Tor.strated HOW DO 1 PROVE A HARDSHIP? This form has 12 points outim.ng the Oasis Cty staff uses to deterr-e if a hardst* p exists and how the variance viri!l a"ect the surrcurd.ng communrry. To prove a ha-dsn p, add-ess all the relevant points listed below ana answer them as e’earty as pcssic’e Since ycu are reouestirg the code except cn, you have the burden of proving that the variance Is justified. The information the City receives is what is used n ceter-n nng a dental or approval recommendation if you leave semef ng cut t w li ret be considered Please address each of these ha-dsh'p erteria as they relate to the request (scr-e m.ay rot apply): 1. "The property in question cannot be put to a reasonable uss if used u-ce- conditions allow-ed by the of'cial controls * 77f/f- /5 e / /fr* /t s A <j :3i L:j r i a fiu. c Tyts ? a. 7~//a dc* 2 "The plight of the landowner is due tc orcur.sta-^ces un.q„o to h.s p-ooe-ty not created by the landowner." r/Ars rtrAL^y _____________________________________ •The variar.ce, if granted, wi'l not alte-f e essent.a' cna-aota- cf the !cca..ty.’ TTrrT C-fifiKtry-.*:- c.»n 7~>0 \J c\-A5^rA.»C7Vcx/ AS ^ >g£5».c:rJ /^u ________ r 7~^tr . ____________________ Vi--------------------------------------------------------- / •Economic cons.dera^on3 alone shall rot censttute an undue hardship if reasonable use for the property exists under the terms cf the Zcn.ng Chapter.' TTKg C& r ju-»/T^o>»T tWfS Caaj** cr 3^ /^<i tT t loTEAj'etLCi ;zV ._____________________________ #3 y y V ?ags2cf3 5. 6 •Undue herdahip a'so includes, but is not lim tee to. inadequate access to d.rect suriiQht for solar energy systems. Variances shall ce granted fcr earth sne te-ed construcfon as de'ired in ^/;'•r.esota Statutes. Sector 116J.C3. Subd. 2 when in harmony with this Chapter."VA______________________________________ •The Board of Apoea s and Adjustrents or the Courcl may not permit as a variance any use that is net permined under this Chapter for property in the zone where the affected pe'sen s land is located * a.7a________________________________________________________ a. •The Board cr Csunoi may permt as a va-a-ce the tempc'a-y use c? a c^e-fanriiiy dwelling as a tvKO-family dwelling * Nffs ________________________________________________________ •The special cend tons applying to the structure or land in quest on are pecui.ar to such property or Immediately adjoining property * jfit-L fii ti'jc ti. /.% n ** , .Co ^ y>» x'/fjr r/Ui. fis: r ; X’jLV>cct ce::; «• »v .________ •The conditions do not apply generally to ether land or structures m tne distnct in which sa.d land is located." S r<»v < fjdfX£. (.€■ r /gg K- n,j0 s /*nr- A/7" to *The granting c* the acpi cat on is necessary fcr tr:e preservation and enjoyment cf a substanl al p'operty hght cf the applicant * 11. *The granting of the preposed variar'ce wli rot in ary way impair hea th, safety, comfort, mora ’s, cr »n any ether respect be cont'37 to the intent of the Zcn.ng Code.- ^ TeTA^^y -Sy~a ~Za7- r ro4i S£uj£jq. /ag /h^p /3j #n007 1 ?ag2 3 of 3 •The granting of such var.ir.ce w.il not •nere'y sen/e as a co-^e-isrce to tne applicant, but is necessary to alleviate derronstrafc e ns'cs" ? c' c.ff cuity * r?rAuC.y _________________________________________ Hardship Statement Should you fee! the Hardship cannot fu’ly be described *n the above criteria describe re unique hardship, practical difficulty or unusual propeny core t ors p'everfrg cotp ’.area wim Zoning Ord'nance requirements in the following lines (attach aod ’ticnai sheets if necessary): #00 07 J City of Orono 275 j Ke'ey Park.\ay PO Bzx 65 Crystal Bay VN 55323 (S52) 249-4600 Fax (952) 249-4616 FAX TRANSM SSICN COVER SHEET Date: To: Fax: Re: Sender: 3/17/20C4 Ma'k Brickman 952.474.9583 1925 Lakev ew Terrace. Ha'old Bower Meiar.e Cua s. City P!amer jUC^/' YCU SHOULD RECFIVE 1 PAGE(S). tNCLUD \S TH:S COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 952 249-462? .V!ar< - ! spcke w th Hs'old Bower tocay arc he asked r-e to fax yoj t^e fellow rg .rfo'^iat on to you to foliow'up tnat corversat on 3. 1925 Lakev ew Terrace is a 1 30*^6 p'operty (less than 1 ac'e courvng only the dry. tj caCie land) w;thin a 2-acre zone A Lot Area variance is required Tne property meets the requirement for lot w dtn at 2C0 + In order for anyone to bu Id on th s orooer.y t-e ^o ic/.ing must be completed 1 Wetland deiireot.on 2 Ceriif ed Survey of the propety mc.jc ng an acc-'ate oeoiot'o- cf tne wet'a-a a'cas ceterm ned on the wet and delineation The City of Crono s official wet'and map must be arrendea to rej ect the aocu'ate locat or, of the wetland(s) if any - (this map s o'f cia!;y referred to n C ty Code 78- 11C9(2) as wet ands inventory and class.fication aena p at map overlays, and were prepared ty the Her.neo n Scl and Water Conservat on Distr ct (these maps were adopted m June. 1975)] Completion of both the Variance Aoplicai on & General Land Use Acp’icatcn forms and payment of tne General Lard Use aoplicat-cn •te of 5603. Sewer assessment of 522,370 - to be paid at the t me cf bu idmg pe'mit appl oation (or by tne Haro d at the lime of application app'ova* .f he w.shes to pay the assessment rather than me subsequent owner) Harold also asked me when the City's map was aoopted. (as stated above) June. 1975. he also asked how tne wetland areas were determined. The macs were tne result of aerial pnoto interpretations, and no on-s te evaluations were completed at that time In order for the Harold s applica*Jon to be p'aced on a Planning Commission agenda for the above topics; a meeting with sta*f is required. I would be ava .able to m.eet with eilhe' Harold or yourself • if he will not be in town prior to the submittal date of April 21 (in order to be p'aced on the May agenda). Please give me a call at 952.249.4267 if you or your client have additional questions. Melanip CITY Cr CRONO • GENERAL LAND USE APPLICATION Application" -^jQ*7 Date Recoivea ' C1 n U Amcjnt Paid ~ iV PROPERTY LOCATION ^ S.ie Address /'/.^^ C4: Type of App' ca'.cn to te Fi sp C »y«- P'Cpe-.y .asrt.fcavc-Nj'r.beriPJ.D J ‘ "7^//y - p-.i •< ^ APPLICANT Name ; V O /y • i i • ?£ J" /.Tj Pnone (;ioxe y.>?.j' -rc »•.:?PnaneCwork) r" i* :x y) ? ?/ ~ 7 ~7 Address <v^^.-/’.^y/'/g^.:> fC ty ~ A^CZ z .1P-:t OWNER (if d fterent than applicant) Nanr.e__________________________ Phone (home). Address_____ Phone (’.vork) _ City________ Daie^Prcperty Acq jired 1 (do))(ds not) also own the ad;acen: parcels of land. (rv (rTcnth-Vea')^ c,a— .vwvy FEES - CONDITIONAL USE PERMITS - S5C0.C0 Residert.al Accessory Use SSOO 00 Institutional (church, schcol, etc.) ’ S6Q0 C0 Guest Hcuse/Guest Apartments ] SSOO.OO Duplex C'ed t/B'dg ’ S600.00 Corr.merciaVlrdust'ial Use [ S5CC OC Land A'te'at on -*■ Pe-'-r': ]____ Grading and filling - designated wetland orf.codpla n _____ Grading and filling - 501 cu. yd or more Grading, seawall, retaining wails within 75' of lakeshcre PRD/PID - see Fee Sched-.e $25C CO Renewal Fee (no change from original application) After-the-Fact Fee - Doud'e Current Application Fee OTHER APPLICATIONS ______$600.CO Ccmmerclal Site Plan Review (+ consultant fees) _______ $600.00 Vacation _______ $500.00 Easement Vacation _______$10O.C0 Easement Vacation With Subdivision _______$500.CO Rezoning (PUD - refer to fee schedule) _______S6C0.03 Comprehensive Flan Amendment .S100.C0 Appeals itf rsA . Other - see Fee Schedule ^(dC/0 • w ^ WiHd^ui MCip-A- #PlO07 1 r ^ IV • “ REQUIRED SUBMITTALS . _____Comp'eted Application Form. 2. _____Cescribe request in detail. f 3 Cert.fied Property Owners List of o.vrers wif.m 350 y the sub.ect prcpety, labels and plat map Ust, iabe’s and map r\^y be^tained frcm Henr.ep'.n Counry Deoanrrent of Fi-'ance GovemrrertCe^te', A-603 300 Scutn 6'*‘ St'est M.irneaoo'is, telephor.e 612-3<ia-5stC). 4. _____Cer^ifcaie of Sur\'ey (signed by a licensed sur\'sycr) - refer to handc-t fcr survey ir.forrrabon, 5. Attach legal descnplicr to application if rot included on required su'vey. 6. TccoQ'aohiC survey (existing and proposed ccntours) If lard a'teraiicns involve changes in elevation (g-ades) 7. List of the legal names (include manta', status' of all persc's w th an ir'terest in tne property. Th's wou d induce rare(s) cf applicant's) not current owner(s). 8. Construction plan, if applicable (see staff for requirerr.ents). 9* _____As an addendum to th s appi cat on p ease ar.aoh a seps'ate list cf any other pe'scns you wish ro*Ted of tnis appitcat cn YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will requ're sca’ed drawings cf ail documents, plans etc. tc be subm.ir.ee.) The Applicant and P.'operty Owner rr.ust s.gn th s appi cat cn P ease '’erre.mber that your applicat'on is net complete if f-e above informaticr has not been included, Ceriif cation by C;erical Depar.rn.ent that Land Use Applicat on =s complete. Initials of Clerical Staff:______________________________Date------------------------------- APPLICANTS SIGNATURE The applicant hereby agrees to provide all informat-on requireo cr requested by the Zoning Administrator, agrees to pay additicnal fees (sta*f tirr.e not covered by or grai fee payment) and/or unusual expenses incurred in review c* tn.ls appiicabon. and cehufes that the hformat-cn suppj^e^t^^ard correct to tne best of h's/he- Rnow;edge. Applicant's signature _______________________________—____— OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this appl.caticn and further auinonzed reasonable entry onto the property by City sta*f, consultants, agents, comm.iSS.cn members, and Ccunci) m>err.^rs for purposes of investigation and verificaticr. of this request Owner’s sic nature ________________________________________ Date *f App:ica.nt must have all aubmina's t:jo r.e Oty c*f.ces 25 Cays before the Plan-iing Comr ssicn Meeln.g. Planning Commission Meetings are held on the third Monday of each month. Appiica.nti must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangennents to have an authorized agent attend in ycur place and advise the Building & Zoning Office of this change prior to the meeting. JL jL ^.!U!. tn f\ ft ja»-«iU. U s Apil 19.20C4 TO Cin ofOrcno (the cjt>) FROM Haro'.d and Mildred (Mtddy) Bower 68 Copperhead Cove Trail Old For.,NC2S762 (828) 724-4643 SUBJECT 1925 LakcviewTen’are (the parcel, the lot) BACKGROUND We purchased this parcel of land in 1974 as a “buffer” between our property a: lOSO Nonh Brown Road and the neighbors to the cast of us It was a residential one acre lot as arc all of the lots in the Long Lake Country Club Addition Apparently in 1975. an acnal photo was taken and this lot wus labeled a ■ wetland ’ w^thout any scientific surface studies being conducted to show the hin.tcd area of the wetland Please note that in the accompanying Plat of this addition, approved by the Orono P'.arming Commission and Village Council of Orono in August 1961. it states that there are no wet lands in the plat except as designated (none are designated within the boundaries of this parcel. Lot 2 Block 2), (granted that the definitions of wetlands may have teen changed since this date in 1961 ) Also the Protective Covenants for this area (Torrens Title Exhibit *‘A” Doc No 669783), enclosed, states m paragraph A that “Ail lots . shall be known and described as residential lots Please note ilut we were never notified of the “wetland" label for this property In late 2002, it became apparent that we would be moving from Orono due to Middy's employment relocation When we contacted the city for clarification of the status of this lot, wx were t’ncn informed of the "wetland" label attached to it and told that a w etland delineation procedure must be obtained to show the event of the wetland area if it did not encompass the entire lot Wc had this study conducted by a licensed c-ganication, Aquatic EcoSolulions, Inc in November 2002. (results enclosed) In February, 2004 we had the lot resurveyed to show the boundaries of the wetland delineation (survey- enclosed). As of lius date we have entered into a purchase agreement to sell t’ne property to a developer who is familiar with the necessary follow-up proccd’oxes that need to be completed in order to construct a residence on this lot A pan of this agreement is that the developer will, at their cost, pay for sanitary sewer assessments and any improvements that arc necessary to ens-arc dial a suitable foundation for a residence be consiracicd Please note that a rough measurcmcni of the "non-wetland" area of the lot reveals that a residence of suitable size to conform to the limns imposed by the aforementioned Protective Cov enants and to conform to the general aesthetics of the surrounding homes can ’oc constaicted in conformance to existing wetland and lot-line setback limitations NMTHOUT any vananccs THE SITUATION AND REQUEST; Wc arc now in possession cf a purchase agreement for the lot that is labeled a “w etland” and that is the same size as others in this addition but is now nonconforming to the standards of the city (2 acre minimum). We therefore request that the city EXPEDITIOUSLY honor our request for a variance to the lot size #S007 requirement and our request for an amendment to the city wrtland map to correctly label the lot as a residential lot instead of a v^-edand Based on the foiIov^^ng facts 1 The *ot v.as originally planed as a residential lot \Mth no wetlands depicted (aforementioned plat record, approved 1961) 2. The lot wus desenbed as a residcnnal lot (aforementioned Document« 669783) 3 Current su.-vey shows that the wetland encompasses a minority area of the lot 4 Cunent Valuation Informanon form obuir.ed from Hennepin County Taxpayer Services on March 29. 2004 (enclosed) shows that the lot is classified as a residential lot 5 Other lots in this addition were “grandfathered in ’ as one acre residential lots We hereby respectfully request that the S600 processing fee be waived in this unique case and that the S600 deposited this date with the city in order to expedite the accompanying applications be refunded to us NOTE. Mr. Mark Bnckman from Coldwell BarJeer-Bumet will act as our representative at the appropriate city mccungs. His telephone number. (952) 470-2544. Sincerely yours. Harold Bower Mildred Bower .V i 03/U/I004 1I;30 FAX 9524749383 03/16/2B04 C9-.12 6297714848 CB BURNET IDITEA EILLV GJWHftM CTH Ord»** Ho, 679108 liiOoa/ooB PA£ B2 A BEGISTERED PROPERTY ABSTRACT 335550 4atc4 October 2. 19^1 TO» cAven C*ftlfleil*of TlUoKo. — -------------------------- a-ovesber 20. 1955 ___).rosWetoBInVoLLai2------ , (ofliiMllr .la U>c otfk* of tha Rasiairar elTtUaa of RtoBaRlB Couoty, Uhaeoc'.t. tM rmx KCIURANCE OOURANY Of MWWBBOTA doa. beteby cerUfyi •flu* tho Rtoptrcy fiaoertbod la iha CortllUala of TlUa appeara Ihartla aa foUaa»t 2 alock 2 io Lo»c Lake Country Club Addition, according tc the plat tnirtof iSd o?^«ord in tni offlc. of the Hcgi.trar cf Tltla. in and for Paid Mannepio County Thtl according -.o lali Cwtinsatf. tie property la regtatervd i« tba toUawiat General Realty Co. (>.ione8ota corporation) That todiiia mmt Ib4 ia*a — I***"—» Sabjt.t *0 •ttlltr 4r.la»g« •• •>»•»» «» 03/16/2004 11:J0 FAX >SX474B8H 03/16/2064 09:12 B2877I4940 Ca BU3NET iirrxA BILLV GRAHAM TR CTR (S3004/00B PUSZ 03 Jj*js SMt tha tankcMi aacwmbaaocM. Baaa aa4 tets-aai salad br Ua MaawrlaU aadarvtUtaa at aadanad Ibwtaa aafblawit Gener&x Ra&Xty Co. (Hionaaota corporation) to Coe Puoiic Protective Covenaata 3ated BapteaXer 22, 19^1 rued Bcptenber 25, 1961 Tr?aTiaKcer»nTo coveoaota & reatrictioaa on all lota in Long Lake Country Club Addition (Saa Exhibit *'A*'. hereto attached! Tbit aa aatica af ptohate at.iaceaveiaaeT pracaadiasi appiira Iban Iht ladciaa to Kataica of OecaaMd tettaa# lad Wuda la Iha afflct at tht dark af ProUaU Couat, neeaepla Coaaiy. Mlaaaiota, as U tka Baglaterad avaar ar aay partial Jalalaa vtak the rastaUaad awaar la tte aaetzacc or isartfacM ihava abara 03/18/2004 11:30 FAX 8S24740S83 ■ 03/16/2004 03:12 c29771CB49 C3 CURNET lamCA ElLi.V CTR ^oos/ouy PAGC 00 EXHIBIT TORRENS TITLE Doc2_^|,o^^6^97S^ protective ccvesakts for long lake cuntry club ADOmCN WHEPEAS, General Realty Co., o V.inncsoto corporation, is thv owner of th« follcwina described property, being the plot known as LCNb lake country club addition, now of record in the orrice of the Regiatrcr of Titles in end for the County of Hennepin end State of Minnesota, which lotB nay bo sold from time to time to Individual purchasers, end WHEREAS, the sold General Realty Co. is desirous of creating bull ding restrictions for all the lots in said LONG LAKE COUNTRY CLUB ACOITICN, NOW, THEREFORE, the said General Realty Co. does hereby covenant and agree with the future owners of the premises embraced In said plat that as such premises may be conveyed from time to time, the same shall be conveyed subject to the following restrictions, to-wit; The above described property is subject to the following covenents which shall run with the land and shall be binding on ell persons claiming under them until January I, 1981, at which time eetd covenants shat I be autorreic i cal I y extended for suceossivo periods of 10 yeort., unless by vote of a majority of the then owners of the lots it is egread to change said covenants in whole or In pert. ^ ' If the parties hereto, or eny of them, or their heirs or assigns, sholI violate any of the covenants herein, it shall be lawful for any other persons owning any real property sltuoted in oald dovolopment or subdivision to prosecute any proccodings at low or in equity against the person or persons violating or ottempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other duos for such violation. Invalidation of ony one of these covenants by judgment or court order eholI in no wise effect any of ths other provisions which shell remain In full force end effect, A. All lots In the tract shall be known and described ga * 'Onlv one roBidontial building shell be erected, altered, ploccd or pernitted to remain on any residential building plot, such residentiol building sholl be one detached single family dwelling not to exceed two stories in height and a private garege for not more than 3 cars. B. No building shall be locotod on any residential building plot nearer thon 35 feet to the front lot line nor nearer than 35 feet to any side street line; no building except a detached garage or other outbuilding located 35 feat or more from the front lot lino shall be Iocatev nearer than 5 feet to ony side lot line. Any dwelling erected on Lots 2, 3, 4, «nd 5, Block I, shall face op front on Lakevicw Terrace. Any dwelling erected on Lot I, Block I, end Lot I, Block 2, shell face or front on Lakeview Terrace or Brown Rood. . Any dwelling erected on Lot I, Block 3» shall foce or front on Country Club Lono or Brown Rood. C, The ©round Floor area of e one story detechod oinglo family dwelling, axclusive of one story opsn porches and garages, shall be not lest then 1,000 square feet. The ©round floor ores of a two story single fomlly as I t seam am# DOf*cKttS ttHcl sh#ll D# OO^ 03/11/2004 II:>0 PAl 0S2474SSI3 03/16/2084 M; 12 8287714848 Ci BURNET KETKA BI l LV TR CTR Q)CU«i/00ii PAsc es 5-<|4 Di Dirt and matarlal excavated from any lot during conatructlon of dwettlno and garage shall not be removad from said Addition without written consent of platter of Addition, its eucceeeors or aesigns, and any dirt or material eo excavated shall be placed by the vendee or vendees on a location In said Addition to be designated by the platter, its successors or assigns, and all such dirt and material shall be and remain in tha property of the platter of this Addition, Its sueeessors or assigns. E, No trailer, beseinont, tent, shack, garage, barn or other rHErSHiir be completely finished on the exterior with n six months after commencement of the excavotion or construction thereof. F, No noxious or offensive trade or activity shall ba carried on upon eny lot nor ehelI enything be done thereon constituting e nulsenes. shall continue ae covenants running with ths lend In fevor of all grantees of said premises in sold eubdivieion. .. . . m mllfli 03/16/2004 11;30 FAX 9524749S8 3 03/16/2066 03:12 82B7714849 CB BITCCET XXTKA BI'J-V ‘.=1 CTR Z:007/009 FA3S 05 LONG LAKE COUNTRY CLUB ADDITION ■ **<(•1 •r'OW *M Att-wMO. *■* aCAOm AOaAi. t,AllCIMA«AI MAY. I96t SCAkS: EGAN, FIELD a NOWAK SUNVfYORS 03/18/2034 11:31 FAl »8247498«3 23/16/2004 09:12 0297714948 C9 BllLNST fiCTKA BILLV CT^ SiOQS/009 FAoE 07 . •7*%3 LONG LAKE COUNTRY CLUB ADDITI EGAN, FIELD S I tumcvMt 03/16/2004 11:31 PAX • e3/i6/2ee4 ea:i2 9S24740S83 82B7714B4B CB BURNET IfXTXA 6XLLV GRAHAM TR CTR WtTT.n (2009/009 PAGE ea m>CK 46 P4Gtr M ■ ••I W M Mvn vm ti f« je ‘•2! L rm—t mplat. I* •it*««a aiMa P t I'a prwa^ aif*aara a»a |t« aarp a a*« taCcatt <a 'tta t«ailc ipr p«tiu aaa '•'••ar •• >ta tir atlilf* an artlnapa f«rtaa«t a* a»»»- a* ••• aa'a av*taa.aart. i«t. »aa aaaaaa ifwaa #'#•#«•• •( »• ara'a aaal 'a 4a Mra»t>ta aiiuta tn« y «. • a p'^aaaaia aft •aralnp^ar^ (t^. VVV • - «»««I i««i .•atiilafi PM'attry ••»art akane, Mpaapal* Ca«atp. aiMaVaia•v r<— -“rr if tTATf OP aiaMafiTa. cotarr* op i«i PaPIU. tala ORjPI»l***« *Mwa cavtiricata a«aaep'Pa< aoa a^^a la pala^ aa. a aa<«rr >1 i"? 4ap at ---Am^*T a.O. 100*. ^ ^ ^ ^ Palapf PapTlat'^aaaal" Caaatp. ■•laaRaala -.^y* aaMilaalan aapl^aa OaiaPar Uf IMP fata plat «aa aaaraaaa ap iM^laaalaa Caaaalaataa al laa Vlilaaa af OraM ai a rafaifr paai'af .naraai Mia laiadU^aap «« - Z2r a.a. ipoi. a. 'si .f.-: C- ..a.‘v Ttsa ivataipo pla* ai laao tmt tetmrvr CVM aoiiTioa aaa aaaraaaa paf aaaapiaa ^ tap viilata CpM*ell a« Oaaaa. ataaiaata al a rapalar aaatiap itaraai aaia f Yl '*~T ■«■-» *' » * *■** aiLUM coiacu CP aaaaa, aiaMim »■ t?,i i-j It. — a a. _ a^ ^ ^ a A na laaaiarlaa of IMa alal aaa *m kaaaiarlaa al r«a tiaaM laarala aaaa oata aatft«M«lcaiip *. ^ aMaaaa aaO appraaaa, «a AlaralaaHw Ma laaa aaaa la aacarula Uai IN 4a|il Naarlptlaa aartaa at*a aala plai, ia«aa iTita T Of »M1. ^*la*Caaalp"Saraapap Stala Taa »al«UR700 aa5 0* Dirt end materiel excovated from any lot during constr ur.t i on of dwelling end garage shall not be removed from said Addition without written consent of platter of Addition, its successors or assigns, and any dirt or materiel so excavated shall be placed by the vendee or vend* on e location In said Addition to be designated by the pictrer, its successors or assigns, and all such dirt and material shall he and remain in the property of tho plattor of this Addition, its successors or assigns. E. No trailer, Lai .«ent, tent, shack, garage, barn cr other outbuilding arseted in the tract shall at any time be used as a^ residence tomporarily or permanently, nor shall any structure or a temporary character be used as o residence. All structures shall be completely finished on the exterior within six months after cofnmer.cemcnt of the excavation or construction thereof. r. No noxious or offensive trade or activity shell be carried on upon any lot nor shall anything be dona thereon constituting a nuisance. G. The foregoing restrictions establish a uniform plan for the bonefit of all lot owners in LONG LAKE COUNTiTY CLUB AOOlilON and shall continue os covenants running with the land in favor of all grantees of said premises in said subdivision. T*rr I f ^ Ik !! Is I I I__ ^[AsSflCHTS K L iniliaijllliil c-'i. CERTIFICATE OF SJRVEY FOR HAROLD BOWER OF LOT 2. BLOCK 2. LONG LAKE COUNTRY CLUB ADDITION HENNEPIN COUNTY. MINNESOTA..... ICCAL description Of premises : Lot 2, Block 2. LCNS LAKE COUNTRr CLUB AOCITON 0 : denotci ifonmorker found IMaS); dcrotcs eai*t<n9 s;ct elevciion, mecn sec level dcti.m ..... denotes eaistmg contour lire, meon seo level dottrn Beorlngt shown ere based upon on ossuncd dot^. This Survey intends to the fcouria-ies c» tne oscve cescr.ced p-operty ond the locotion of «etionds stones, cs oeiineoted Py S? Testing, thereron It docs not purport to show ony other inp-cvements or encroochronis. GRONBERG & ASSOCIATES, INC consultno cnomccrs . lamp smtvtYona. srre i»uAM>ots 44S NOPTM WUOW 0^ LONG UUtf. tW. »S3S« 992->473^t41 .::-.:mmir:^-^]l ■ ■■:r r- *.•■; •: '-• S \ ■ ;‘ v. L4 : I'-. *:. .? .••/*>. ..■•->v'+-!l>'-. 'Ai ?c«am3^ *: V Wt ?'■ WWm ' — . • f'-:u fr- . ■• -*./7r:A * V".^ •; . • . ’■.* - ■ ;• •- fi -f l.:c<TA.riat> . i. .•; . \ vW/.n^r- i liy * -'. '.V.7 :l ; i-- V•«• - *. . i ■*i ^ ' ■ X^ ••* . •:* -••»J •.••.*• i ■• • • .' ‘'i •. r.': ■' ■' : « . •«* i ■•’i tJxl. - r •VR..^ • .•i w •' ■A' ‘*- •*' > V *r.—•» ‘ ;* ■ vy - *r* . ir^ • ► ~ -j. .' - .' • ? k . - ; . -'•. » I .*T- . . 1 ' ■ * •- *• • •;,v/ / • • • • V- V : • ' .• •• - : % i-c-.v V *1^:^t. •...• ' ^ •' . : '*'-. i*.- -‘ •: >f." >;■ ji-" - ^ .-;■.*•■ .. >rTrr ,\ - t. • • • V ' : .c ... t*, --------, > i.\ i V ^ • \I I - ‘-w /■ ‘ / «« A - r . . .• •* .. • -’ ::• ‘ *- mms i'-‘. [fr Mi r'? t'j'Vy ■• .r' V ij)^V/. ••> : 1 • \'6fff •^1 V / r » # , V'* *• ■ -V . - VX—-•-^ 'T.X*' / M / /5c?r •. \ /6<7 I ""i—,10' Drai^^ £a,c — 7^*^.------- . /85:i‘ ^ \ 1/ .' L-- v'* ». •< ' • •• *J I w * vs ; '"i\ i t> k ‘I .1 ^ \ X. M77 .: " r*yr4i\ ry \ .% i^ATIOI^AL WETLAWDI UNJTED STATES DSPAHl'MSi\’T C If.• Pv>5(^ F£MC<J *£MC.' 33£\/^s. IwC. lei ^\’CCX.’^0/?D •' 62 n;OG: s, rrowu. ^r^/' s.: :V^i PS51C.-i> 0 \ ■w ^:=iF£MC,/: reuc j WSJ& j I lA *’-<;?-”r-^- - r r. i^M^d ' LbtivT/La';e' : V . unm ;48d f r: 58*57^ f •» \ ( ,38 PQitf ^ D05 D052 2 Ew- y . ..... Memo •ef'ttt'M ffOICf'C Anacfvtt t Atloc^M Project Name: Bower Property • 1925 Lakev ew Terrace To: Michael Gaffron. P'.annrg Director From: John Smyih. V\oter Resource Spec ai-st Re: Request for Amendment of City Wetland Map Client: City of Orono File No: 135-04.C03 Date: May 7. 2CC4 Remarks: Summary: I txov'C rovicwcd the pacKct o! mlo'mot'on subnu'.ted wiih the appiica'.ton provided try the Bower s ir 3ddii on I have verified w-th the Wetland Deireot on Consuiiant for the appl.cant that the wetland tjoundanes shown on tfie map reflect what was siaKco m the f.c'd The major c ange between V'le C»ty 1974 rtei'ond inventory map (with the 1970 aenol photograph) and existing conditions is a d-tch Uiat was constructed a'or.g the west one south side of me property Th s d-tchmg may have reduced the size of the wet'and bas n Recommended next steps: 1 The aoo'icant sriouid work w tt) the-r wcUand consultant and prov de the City dccjmentaticn (aenaf photographs, etc ) that would prove u<at the ditch was not constructed after 199' i'd tch.ng occur'cd after 1991 It would bo cons dered a wetland violation and the wetland would need to be restored 2 If the d'tchmg oid not occur after 1991 the applicant sho Jd have the wetland boundury rev.ewed by the M.nnehaha Creek Watershed District An approval letter from me Watershed District shou'C be provided before me requested arnendment to the City Wetland Map s approved. Bonettroo, Rosen*. Anderlik end Associates. Inc.WWW bonestroo.com J S«. Paul Office: *’325 wm Mujn/iSf M S’ Pau MNMiU Prone •Sr41S->C.'>: ■«a S«i-SM-tStt J MifwaulMC Office. ISIS Wa»:Mrevo<^Kc«3 f.'eeuo ’ •.M513V2 Pra«e Pe< 2«:-2at^:i J Rochetter Office: ^12? Sve*ine Rccne»ie* f.*J 55S96 P’vx'* siT-rwrcc K*.iS3-3'w J wuimar Office; SCS SB- S-.reei S.’/ Ur.MX* Pmre J2C-2*i SHr *e> 323^-a.WS4 J SL Cloud Office: 3721 33 S/eei S St couc f.wscs:’ P'S"* 3K-2S’uSli Pa> 33C^St-43S3 UOreyalaM Ofice III Eaw Be «<e'e Reac G'irM>a ilSOOX et«nc siT.5i44rra let ur sas4Srs o o A % CITYof ORONO Municipal Offtces Strut Iddrm 2?53 K*! */ Pr»i# ir VN :;;:6 P C 3:. 6e 5a, v\ ::3:3 ::a 1KI KCon C 0\ KK I K U KU IMcasc ddi\cr I he following pauctN) lo: Name; Mark Urickm.ni t‘>52) 474-‘)5S> rriiiii: Mike (• tlVuMi. I’t.iiaiinu Dneclor *1 iilal iiiimher ul pauc^ iiicliiiliiiu iIiin cu% er Iviler: V. Hale: M.i> 2«m'4 II M» noNoi KM H\K M I nn n t \sm mi is \ssiion \si»n>stm k I'Imi'.c i‘i52i 24‘)-4(»ihi .i<u1 .iok lot : \l;kc Out l.i\ iiutnlvs i** (V52i 24'r a<ii{» Addiliiiiial Message: M.iik AM.tchcil aiv die coniMieiiK rccci\».*il uhLv iVoin John Smvih. die ( ii\ S ucilaiid cuiistifi.ttit I Ic Kcunimcn»U Uvo iiwM >tci'% lo !>c iitllowwil 1>> ihe ap|dicaij; m »udci l»n mu rev icw lo piocceJ. Mr. Uimcr sluniUl puHved wuli lhc>c Pvo <.lepN. Al i!uh pouil. ilcpuultiic Oil lu»« quicklv iIiin iiitonii.li ion c.in Iv piuudcd In die .:ii;du\iui. Iun coiiM;ll.i!itN m die W.iieisl’al D.^lntt. ii iii*.:> Iv iiccc'<ar\ to Jcl.iv die .ippliealioii to die .hiiiw* l*l.iiiiiuij: ( oiiiiiii»ioii niceiiue. Aldimidi ue lecendv >eiii die Mow erN* a noie Nlaliny our preliiiiiiiarv coucIumimi in di.it the applu.iiioit is coiv.plcie. diiN is a utiu|ue retpiesi aiul I caiinoi ^u.ir.miee \oii tlt.it w e w dl not he ;ei|iieMing.uUliiioiial inronn.iiuui .is »uir res iew pioeeeds. I would note tor die recont lliai lioin ilie City's perspecns e. the appuw.d letter Irvun il;e Watershed Uistnel lh.il Snntli relei> to in i<ecoivnieiut.iiioii 2 w dl not ui itseii result m .uitinn.ii.e k r.v approval lor iSie wetl.itid rex isimi and lot area xan.inee. We !ia\e.iddiiu»n.il reseaieh iir.deiw.i> todetemnne whether aiix fits .letions specd'ieally allowed the weil.iiid fill..imone other items we are rollowme up oil dlls .ippliealion. IMw.ise eoni.iel me al '^.^2*24*;-4(>t)ii iTyou have any etue>l.oii>. .i.ul I will coittaet you d'xxe need adddioital niroiiiiaiiuii. Tt!»phom tV52) 2i94W»0 • Fa\ t952i 249^«ir* *• x*».clairon*».niii.us ____-ii Aquatic EcoSolutions, Inc, Ecologicil Solutioas to En>iroDmcoUl Chillcoges L4kt> • Sinimi • R>p»n*n • Wttlirdi • Wuerihtdi 2116 Mtrquii RoaJ CoWen ViMey. S^N 55^27 TelephcncTit (763) 545-Wl2 Bo^Ycr Lakeview Terrace Site Orono. MinncMUa l.r Mr. Harold Uuucr Wetland Delineation Report November 18, 2002 Number: 02120110 Bower Lakcview Terrace Site Orono. Minnesota Mr. Harold Boner prcfifcd b> Aquatic EcoSututloiis, Inc. Number: 02I20IIB The Bower Lakcview Terrace Site is m the NW'/. of the SF.'.. of Section 27. Township T ! IS N.. Ranee R. 23 W.. Orono. Hennepin County. Minnesota. Tlie pjiccl IS located adjacent to and south of l.akeviexs Terrace, just ca.st of Notth Urowii Ro.ul. just >outh of Counts Road fi Adjacent land usai;e iv rcMdciui.tl hontesites. woodi.md and wetland l hi.s parcel w.i» punianly w»>oded unit pioneer tree.s sucit as bo\ elder and eottonw»u*d/» alonii w I'll tile del incited wetland I lie puipo>e uri!»i.> project w.i% to examine the site lor wetl.ind condition.s and delineate them I he K cmiIix section de.vcnhex the wetl.ind conditums ohserxed on the site Ihe wetland delmealion w.i> pcrfonnetl on NoxendKT 2. 2002 under fro^t-fiee am! mi.ux .less coiulitions hy Kohett J I' Menla. f'l v/i'M/Vm.i/ It'ciUwii Muthudulony Ii) Minneboia. wcil.inda arc under two junsdicuons. State and reJeral. Ihe State juusiliction guidelines were set by the Mmnesota Wetland Conserxaiion Act of 1*301 (WCA). 1 Ins St.ite juriidiclion U administered by the Local Goxcmniental Unit (LCL j with tecluiieal unidance pruxided by i! c Board of Water anu Soil Resources iBWSR) The Federal jurisdiction is administered bx the U S Army Cordis of Engineers iCOU or Corps). Starting in 1990. both j-arisdictions agreed to use the Corps of Er.^h.i irrs hVrL'«:J / V/.-fe.;.'.'-”! Manual (Environmental Laboratory. l9S7j along with S'applem.cntal gutdar.ee by the Corps This manual is com.monly referred to as the 1987 Manual. Tltc wetland delineation method used on this site was the Plant Community Assessment Procedure of the Routine Onsite Determination Method. The Routine Onsite Dctcmtination Bo^^cr Lakevicw Terrace Site Number 02I201IB Forms (located in the back of iF.c report) detail the tF.rec technical criteria (k>droph\iic \ceetatior.. hydric soils, and wetland lt>Jjo1os!y) as described in the 19S7 Maniul. rite wetland evlgets) were delineated where one. two. or all three of these technical criteria drop out In crJer to expedite reguiatery re\ icw. some weilaitd edges were delineated such that the hvdrologx criterion w .15 not met below tlte delineated edge M some time in tne future, ilie laitdow ncr may choose to have the hvdroiogy cnteiion below the delineated edges ex.tivined more closely in order to "tighten up" a wetland edge that was staked high. This det.ii!ed ludrologie stud> w.u not part orihls wetland dclmealion Al le.isi one sample point transect perj'cndicularlv eros>c< e.ich delineated edge. These transects conM>i ofonc sample point above the edge, one sample point below the edge, and there ina> be one along ib.c cilge A Kmttine Onsite Dctcnniii.itioii Fiii m tJ.ii.i tor;;*.i wa.» conipleied tor each of the po.::. loe.ti on< I he vl.iia lonns describe llie pl.ini coimimmi;.. >oiis imorinatioii. .md iutiioiog-.c inJic.iti’rs .u e.ieh s.imple potiu. S.imple poiitts arc hiivled as follows Sl’2 l I IDNV 2 b.i^ci or Cilgc Mum’vr I tivc tir>t (r.uiscel for this edge lihc seeond would be "d"l I ()\N the sample point below i!ic ed.gc fl l* ‘ i> .i!’ove ilic edge) (additional points on .1 traiucci would be "I.UW2." "I 1*2." and so on) Pl.iin specie* on the d.ita fonos wcie listed b> comnum iiain.-*. swientilie luiiies. stratum. ps.u«n' cover lor liui Mi.iUini. and the species lisdiohviie iiulic.itvir .status I he delme.iieil weil.uid edges wcie st.ike»! wuh seqiienii iUy immheied lour-fooi wooden l.iili .uid orange «>r pmk "Weil.md l3ouiul.ii >" ilaggmg. I he numbered side l>pica!Iy faces tow.ud ll‘» upland side of the edge. Siriped llagging may he bed lo Negelatum if the lath is luugii to see I3tue and k-.iite stiipwd liagguig wa^ lied wii uic laiit wImCIi mar.* »«ie Iran^cci aart.p.c puin»* •••c numhers on lath placed at the edge or below typically face uv.vard upland, while sample poiiiis on the upland side of the edge generally face toward the delineated edge. Copvnght C 2002. Aquatic EcoSolutior.s. Ir.c.Page 2 of J Bower Lakeview Terrace Site Number 0212CHD Results One basin edge was delineated on the parcel. The specific location of this edge can be obtained iVom the surNcyor who located it. .•\c:c:d.ng to the Department ofNauiral Rciources (DNR) IVotected Water Inventory (PN'h of Hennepin County (Sheet I of 4). no ••Pioiected Waters ’* were mapped on or adjacent to the parcel. The National Wetlands Inxcntory (NW|) (F.xceUior. MN) does not show m y wetland polygons idenii'.led on the parcel The Soil Survey of Hennepin County (page 43) identifies the soils on the parcel The data forms dcjienbe the soil mfonnaiion along the edges Soils mapped on the Soil Surv ey include I d Fill land SitKC the road and housed in this area were \i>ible on the b.iekgrouiul aeiial pli**tograph iviu:*»t the Soil.s inronnaiiim tdaie»l tins ”l ill land" Je-^ignat on occurred well before l‘h>l It appear.s that Uasin I may have been eieaied by the »ivci'.nul ilowage of impervi.niH n:n-o:t the road»ulc<. driveways, and rooUap% Suvinav* .Her inanaueiMkr.t plan* Wki e no*. !t..irly a^ eticeiivc then a» they are now in telaimitg slorimvater to prevent uninteiilmnal •veil.ind.s Irom developing or. neatby hind In the western p.?rtioii of the pareel and .ilong a p*Mtiun ol the Mintliern edge ol the pat eel. a ditched drainaeew ay was ohserv cv! I hi> vh.iin.igevvay w as not delineated hecaiiNe it appeared to he within a dr.nn.age easement. Ha<!H IVscrmiui!* • • w * mm ^ ■ m-m mm Basin I w as a Type 2 (I’LM 111) wetland duimnated by reed can.wy grass along with some take scvlge and a few red-osier dogwood shnihs The adjacent upland vv o.s dominated by great burdock. Pennsylvaiti.i sedge, wild gcranntni. Canada goldenroJ. and ground ivy ground cover: black raspberry, tananan honeysuckle, common buckthorn, and prickly ash shrubs, and cononwood. box elder and slippery elm trees C ■•••I VC •• ^ Bower Lakevlcw Terrace Site Number 02120HK Conclusion This wetiand c\aminaiion, dclincaiion. and report of the Bower Lakcxiew Terrace Site was performed in accordance w ith the generally accepted methodology of the 19S7 Man.ul a: the ttme of the scr\ ices rendered. No warranty, express or implied, is made If unav oidable impacts arc planned for this project, penr.its or exemptions from State tWC.\. DNR. \V.uer>hed Distnci). Federal (Corps), and. or other apphcable cniiues need to he gr.intev: before the imp.ieis occur. The wetland delineation report was prepared by Rober. J.F. Merila. hnfs;\Mu>u:l Scicniist s 1030 /l£/kj=r^__ Robert J F. .McriUi. PWS :<1030 l‘ruj\sui»utt II Hcicuttst A(|uaiie KcuSulutinnx. Inc. n.itc Cop>Tight <Z) 2<)Q2. Aquatic EcoSoluiions. Inc. Solutions 10 Hiiirenfnfnijt ChjUmgct Paged of d Aquatic EcoSolutions, Inc. Ecological Solutions to Eo%nronmeotal Cballcnges La'»si • S^reaiTi • Ri?»nan • Weiijndi • j!tMh*4i DATA FORM ROUTINE WETLAND DETERVINATIOS (1S37 COE Wetlands De'neat on Van ja!) 21 !6 Marjj V Golden \alL>. M\ Tclepr.cr.cTj\ rer.S le S. s ! Cate ( '/ '2.' /s t— ; ca-tc-^nr- H—/• • ')>-* =✓— 1 CCi-rry A»<_ r «i: satc» r 1 State 2c Ncfmai Circunstarces e»i»: cr :re s :«■>'^es No ^ 1 Ccmrrun.ty ID 1 ■i -« s.t* t c-fca?'ti/0 stufc«a tAr,r-ca'S-taatian)'* Yet No ! Tja-tect .D 1 t :.“c area a cstc—. a: A*ea !«»c'a n cn 3ac<;‘’ v*s Na i P'c« 3 VJ^ , EGETATION '. *1 --------i-t..n> C ‘er 2c-rc"! Pijrt Scc: « ;Sc \3-i- C ;!“ncn Narre St'at."»*1 Cc.e*-c*-v • '. .. t,~(\ ■- -A- rC.. A •. *r :f l t.~ — ■ •■■ t. - • Vr.s ? j "r 7”* ;«*- V V'£f*—.A. r —- »#~t r> 4 .. ( «/«•«. •!*VT • /.*•’ '•* C. •’ r »*r 2-7 GZiv• f-V • ' *n. J T 2-‘S 1 i< f'___ •G •: ? ^ =-j-:«rt ct Ccf-r;-t 3c«ccs -at ara C2- ^-2 .‘y :r *^AC (e»c uc f'5 ‘^aC )» i ''t-rafKl 1 ^-'^CRCLCGY ___FtfCC'Cea 2a:a ,2*tcf.t;« ir> P*r-am; | Sueaf-.. lakt. cf T.ce Gau^e I ; Aeral Ph.ctcsraent 1 ' ___ ctn«r 1 No Qecsrocd Data Awa-'at'ei Aetiano fyd'o ojy f^c.cj'c's Pffrjry irc.citrri ___ iruneatefl ___ Ssura’ed ’.peer ’2* Water MarVs Drift tires Seconds*/ Infi catcr$^2 cr rrcre 'xOi-reC j Ovc ceo Root C^arn,^■s i’.ccer •Z'. 1 v.at»'-5ta ne<3 tesket Local Sjfvey Data FAC'Ncutral Test 1 -*< Oete.'vator.t Deoin to Surface Water (in) Ceptn to Free Water m Pit (In ) Depth to Saturated ScH ^ fm) ____ Sed'rrent Depos-ts Drainage Patterr.a m WetlartCi Ctrer vEap-a.n «n Rer.A-tt; RemaAt Cover cast as a o€':er:ase 5-S5-i2C=t 5 • 75-S5S: 4 - 5>;5*» 3 • 25-5C*i. 2 • £-25 t ’• C-5V, t t Aquatic EcoSolutions, Inc, Ecolo|>ical Solutioos to Eo^lronmcotal Cballeoctt Lal.f. • S'rea-r* •Rrarin •'*f!arii • 'Aatfrintia DATA FORM ROUTINE ’WETLAND DETERVINATION (1337 COE V.*tlards Delineation Wanja!) 21MafCj . h. Oc’dcn Vj!,--. MS 554;* Te!er“‘nrra\ i^lli -rc.eCwS'ta (—• Je.<. «5<rej , Cate U /-t, /*o irp‘-':a-VCw''e'0 C ^ 3.*«» -■*1 C:j-,I-I . -.cs-gstpr /i-e. r ^ St3‘» 7.Z ‘.cntai Cir n*.f:ance$ e».s: cn me s.ie ’Yes No >.Ccntrr.ur.ty lO ) •. "c $ t< s-g-.ftar^f/ c sfjrpec (Atyp ca' S tuat pn)"»v#$ No >C Trarsect 10 1 ‘ s a ;a a peter; at ProS'em Area (eipra n ca oac<)'•/ei No V !F'CI.O v-:3STat.on t»CM— . -J-: - j V Step es (Sc er* 'c Np-rei Cpr'-ncr '•a--?Stratum *t Cr-.c'-........ * <r‘Ua f r rX J * J r * /*» •_L _•I'J t 1 1 [ 1. • • • • • at Dcr *rjrt JBCde* •J^at afO CCw. rACV/Cf f g FAC-) __i-'ezc'ses Data (Dsscrce 'n .Rerr.arHj). | Vteijra Hy-rc cgy Sfeam Lake, of Tde Gatje | P”’rarf tpcicato'j __ Aet a< PnotagfacH* ___ Crc' ^ **9 Peaa'deO Oa'a *va 'at'e ' * ; Ccie-va' Depth to Surface Water "lepth to Free Water m Pit .epth to Saturated Soil* •7^ —7^ (in) fin.) (in) lr*urdatcd Sat-'ated :n Upper *2* W3*e» Va'ks Onfi Ltnea Ses.n-.ent Depct.ts Cra nage Par.er~s In Wefards iecorpary iPC'iatSrS'.Z pr r-'C'C r*-. ____ Cm c zed Poet Cna-p* 5 ____ Watr Sta ncp Lee.:; ____ LCPC' Sur*ae/ Da*3 ____ FAC-Neufai Test ____ Ctre* (EaC'a n m Pcf-a-MS, :er r:‘ j Pe-narks t *V-f_ D:^«r c ass as a perce-uge 5«;5-*::'a. *’5-5t ’i; a ■ S:-7*-». 3 • ZM:*'! 2»f-:5 ’i t.N Boucr l.jkc\iex^ I'citjci* Site National Wctlaiul linciitorv I s I inIi aiul iUllile Ser\icc I r Aquatic I’.cMiSolutions. Inc. V-'X \\-\ . ‘ 7 ... 7;:^, ;v\ 1.., » . ./ ^______ __ N 'i>-_^'''-! ! '.'JT!^?'^'' r'-^'~-W:- U \' \ • f:%•|\-•:v^i.:, ^ Milp.r . -. ____•' • V ...>'/a* \.r.:^..-■“.'- ■ .»•*■ 4*,. ’* ■•-—V '■~^* ■>“) >)i /V. «' ’ 1 .'. 'C\'"' iV ' -'A- . ->L'jS!5S:-s m Natural lU’sourcc.s C’onbcrvution Sci nIcc (NUCS) (1"~ * M.lc SwmIwI Tn Bu\\cr l.akvvtew Terrace Site .Aquatic I'lcuSulutions, Inc. Protected Waters Inventory of Hennepin County Minnesota Department of Natural Resources ( r*-l Mile Seale) Bovver Lakeview Terrace Site Aquatic EcoSolutions, loc. miiti "'wm.: ;? Approximate Kdiie l ocation I S Gcolojiical Suncy I N *r » S.implc I’oiul TrauNcct Bo"cr l.aUc'io' Terrace Site Acpiatic r.coSulutinnv. Inc. tAmrrwj^^ ^fc>- ^ »*4. RUNDATI I®* ]| 27III2UI00IS ritorADOR 2fl» SALEM rr OWNER name BARtULASTirAKOV taxeayer OABELLASTIPAKOV NAME/AODR 2t20SALEMCT UJNOUItEMN jjm II 27HI2M2000I protaoor 1*0 sixth AVEN 31 27III2M70007 PROPAOOR I*«0 lARtVItWTE* OWNER NAME EVELYN t ROM taxpayer EVELYN EVOIJV NAME/ADOR I9WUKEVIEWTER NAME/AUUA 5j,h 31 27IIUM700U propaoor OWNER NAME HAROLD F OOWER ETAL TAXPAYER HAROLD FOOWLR name /ador ioron brown rd name /aw yj^LAKEMH 551J* 31 27III7M70016 oiSIiXme taxpayer IAMESC AUVURA LRITTINCtR HAME/ADDR ll45LAKtVltWTER long LAKE MN 5115* 31 2Tllt234200l9 PROPAOOR 1010 BROWN RON OWNER NAME ^ -,-BV taxpayer MELAMIE rose a DCHNIS KIRBY name /ador iuomown RDN tOMOLAKEMN SS’Vk V INtORMATlON SYSIF-M RSLisr PAGE I, 31 7IIIII/III00I6 rgOPAODR 20M SALIM CT OWNIR NAMI ROIMl T A lAUPA S IIIHSCIIDfRC IAXPAYLR "ORR ^ lltRSCMBtRC NAMf/ADDR JOWSAltMct long LAW. MN 5JJS6 U 7I1II/MH«0S PROPADDR 1060 BROWN RON OWNER NAME J A I. LUCAS TAXPAYER K»EPH R LUCAS HAMLIAOOR 1060 brown RDN long LAKE MN »»6 II 27llt2KKIOOt PROPADDR IWOLARlVttWIER OWNER NAME R J XOSOOl IK A 0 KOSt XX f K taxpayer *»EK A D KOSf KXIK nami /aoor iwo lari vitw ter LONOLAKIMN 11)16 31 2IIII/MXX)I4 PROPADDR IWJ LAKE VIEW TER OWNER name MAROtOr bower a Will TAXPAYER IIAROUlf DOWER hami /adoh iomn drown RO LONCUKI MN 11)16 M 2711111470017 PROP ADOR 19M COIRI7RY aUB RD OWNER NAME KADCARLSTEN taxpayer KEIfll da DEBORAH MCARLSTEN name /ador I920COONTRYCLUDRD long LAKE MN 35)56 31 271117)420020 PROP AOOR I06J COUNTRY CLUB RD OWNER NAME PATRICW A MONOALE TAXPAYER PATRICIA A (MONOAU) CONNER NAME/ADOR 1*61 COUNTRY CLUB RO LONGUKEMN 55)5* 31 lllllDMOOIl PROPADDR KDSIXTMAVEN OWNER NAME XJICN R A DIANE I MARESH TAXPAYER lOHNRA OIANLIMARtS»l hAMlMDOR 26R5SOCTHAVEN ORONOMN 11116 II 21111171470006 PROP ADOR 1*60 lAKLVIEW TER OWNER NAME EVELYN EKOSS TA)LfAYtR EVELYN tVOLBY NAME/AOOR I**®. rvitWTLH |J3NGi^KlMN 1 A II 77III7I470009 PROP ADOR 1160 LAKIVItW TER OWNER NAME COUWISA 7 lEWtS taxpayer CMRlSTOfher A X)« LEWIS nami /aoor 1160 lakevilw ter LONGI^KIMN 5J156 31 1111171470011 PROPAOOR 1161 LAKIVIIW TER OWNER NAME SHERR.YN DEANE ASKE RCMrx SIILRILYN DEANE ASKt RLMCR IWi LAKEVILW TER LONG LAKE MN 11)16 I- C) (Jco taxpayer NAMI/AOOR 31 271112)4/0011 PROP AOOR 1*40 COUNTRY CUM RO owner NAME MIWSMITMAMFSMmi TAXPAYER MARVIN JWSMDH NAME/AOOR 1*40 COUNTRY club RO long LAKE M l 55)56 n 271112)420072 PROPAOOR 1170 SIXTHAVEN OWNER NAM E P G A M H HLRMANOEZ taxpayer PHILIPO a MARY MMERNANDLX NAMC/A{>0R II70CORDNO6 ORONOMN lllM ttJNOAnilWMM ntOP AOOH ills CoSiTAV aUB RO OWNER NAME CRLFREOtEW TAVAYU OLBWOAUMSeFREOEtN name/aom LONGLAKEMN 3S3J6 HENNEPIN COUNTY PROPER^INm^TION SYSTEM property OWNERS LIST pace I o oeo AOIACENT rnofwnf OWHtl«S- ACKHCWtlOOtMCin fowl AOJACINI PRO^inTrOKVMtH'. ACIWOWtlOCtl»fMTrO»1 I -fj^ _ /. f ii_________ erf _yt>' *„ DS'.J*— ^ t^nan«(»)||prnt«Mni4 I (■ ^epatud Hi* erf »• al tiM i««mM t* |M«» hi »• pi«paurf aivn rwf< a pR«0Va<l lit* erf »* pxvarty kii^^ M ffotmHiOmm ahAnl|g»ai»«*tariiUKAff0ca>Bn>^ ___ I (.«) uneSweland rfeU »i tefeufng •»« tHewaArtgaaiWt I fn«) ««n <»^l «rf a»»ail In i1k1«* •KMMal e* ol rf* pnmart# ca utt tM mm*i lo uarfam »je ■•« Cii» C4n»».i teal I |m| mm t»ra I a»wa erf rf« »»<»o.a«nart tilant an] lhal M pK>potad pe^ w ena i«««M J7/Vi.c Jaor____________________ •mlartM Cam* anaaoal ? , PlO(«<t| Uanat __ilf j/el /a, >.#*■«» ^rtrfn«TW<t| _erf_________ ' |pmlaa»au) l(«*l_M£*C'^ry ev«* rfwrf '1^1 m^r /ifyfa.c b»arfnv^'«| |pMrtarf*au) ComSappnnA ^a.a.aaa«ad^^^^<a/*^»f»^rl»e»ae^ln^»Baew^rt^rp^^pBM^^e«l^ot^^^g^»^trte^W^^^ /? Jj CA^y K >7 <- i(M lalanad to at laetl Uta Ap(MMn tto I lao) tr^ium real h ataeiAng P»t aetnc<rf«J7ti>ianl. I fawj aai (»«) wrf atfearf la tectara anaexM e» Atap^ewal ol *• p«port|r o uta CmI <!•*•<» IB e,u»rfaw> loi B-a Olr Caaterf Beal I |m| *« (aia) a-ara al r* envo.anmra *la»n a«nf-e *a p«ae>»arf praiau ea w»a r«aaea* Coiaaa app^«jl ---------------------------- Ssparfj O«no fVopaily OiMr ___ ShU flM# amaI CMf 0% P*# l^nd ill# pnoitBf ac Ha*rfarfiiiaa»wt^ V you Ka«a any Bial nay awitl M Ciy M t« ireataa erf Pal land Uia Appbeimm, ylaato lelbna yo»* eomaearta W P>a BtrfMrQ • /eawq OWa ai katl 10 dayt A(«iito*aatha«rfarf #C0 07 '% «<%» CAecr^^ Zi^wn* hiiJA • f«) f?5 M »---1» an mntiinf fcTww»ww»< or p«>paM<l tna c4 Vw |va>*<^ touM •) ItII I T-g^ ‘ ‘ —■>•"■ ■«—» —f»»lw<.tU<tDd«da^ • ^ - I—aia,— ■ fmt trt mm mmt mm I M Or >•*** ^ ** a gin»w«<« M t« tutf«9 • 2«<na OAc« ft MU 10 dir* prtailD*di AOJACINI PROPEHlt 0V*Nlfl5 ‘ ACWlOdfl r l>Ol MtN r »OHl» _ ^ rf /^p<' (•uf ^ ~ ^Mdadnul•|M| ~X'-.*_st£^-5suJ^ tart •rMmma nt t<*w Iw iwpawd « ■ ^>wid «i. a m >uauj u ^»3y/drgt^>» ytif tHo»ilwdl»Ml«««tU«i»wdMdo«»M»------------- I tM) undMlUnd M a ••Jo^Pw ■qiiad'da^Uj M) ^ ItOHUllllPIIOPIWTYOMWCItrdCiaiOIIIIIOGIilPITHmi t^t if f 4 ^ ■■ w lla|«MtoM b»M*d*MS| ^T-f f'/0ai^/fd/.<t^ii a>itii1lBiUiidUwPdtfc**c»iWo. I« pr«(a*M Md rf ta pMparfy tacaM ■! ipH)i«aa mnwwlwaa a«a ral k« MCMdNff Mi idMMIIMK • (Ml am (wt| ««l MMd » dKlaa •afoaal el da prapartr a> iM but «a>^ to caadm M fa Cm M dal I («*) el tto hiaioMraafd plaia ato lal ta diapetat (a«Mat^ preatt « wM i«a*dd /Hitp — / V-' MATC ZONING REOVLATIONS 175-::i: defined and esublished to te the Isw areas and floodplain adjoining and including any water course or drainage way or body cf water subject tc periodic flooding or overflow These areas are d:\-.ded into the following three protected area \ districts. (1) FloodiLcy diarncf fW The floodway dis trict shall include those areas designated as floedway in the flood insurance study, including without Unvitaticn the surface and shoreline of Lake Minnetonka below elevation 929 4 MSL, the surface and shore line of other lakes, ponds and wetlands below the ordinary high water elevation, and the designated flooaway cf all streams and flowage areas Flood fringe district (FFD). The flood fringe district shall include those areas desig nated as fleodway fringe in the flood in surance study, including without lumta- tion the shoreline of Lake Minnetonka between elevations 929.4 MSL and 931 5 MSL. the area between the floedway and the edge cf the lOO-year flood on all other lakes, ponds and streams, all designated sheet flow areas, all miermittent streams, and ponding areas and all lands ccntain- ing soil types classified as wetlands soils, whether cr not there is water standing on those soils at any given time. 13) Central flcodplain district ICFP, The gen eral floodplain district shall include those areas studied by approximate methods and designated as unnumbered A zones by the flood insurance rate map. GFP areas may include both floedway and flood fringe areas DeN-elopmcnt of lands con taining designated GFP areas shall be contingent upon submittal by the devel oper of topographic data (at contour inter vals of no greater than two feet) and/or other engineering analy’sis suiflcient for the city to determine the actual extent of the floodway and'or the flood fringe. Upon such determination, the restrictions of the FW and FFD distneta shall apply. (Code 1934. $ 10.5514)) Cress refetence Dtf.ainor j etnersUy. 11-2. Sec. 78-1109. Official flood protection maps. (a) The boundaries cf the flccdplain and wetlands ccnservation areas shall be and are designated as shown on one cr more cf the follow, mg cff.cial maps: ' (1) Those areas designated and shown as strea.'T., lake, marsh, wooded marsh, sub merged marsh, inundation area, intermit tent lake cr ir.termit.ent streams by the United States Department of the Interior, through the Geological Surv’ey cn maps and supporting data designated as Mound Quodrangle. Minnesota lN".V/4 Lake Min netonka U958)] and Excelsior Quadran gle. Minnesota 1N*\V'4 Lake Minnetonka (195S ;. (2> Those .areas designated and shown as wetlands soil types on the wetlands inven tory and classiflcaticn acr.al plat map overlays prepared by the Hennepin Soil and Water Conservation District (June, 1975) (3) Those areas designated and shcwi. as generi.1 floodplain, floedway or flood fringe by the Federal Insurance Administration on the Eiood Boundary and Ficcdway Maps. Oreno, Minnesota, and Flcoc Insur- a.ice Rate Maps. Oreno. Minnesota, dated October 17. 1978, Speciflcally ir.cluded i« the explanatory m.atehal and tabular it formation ccn»ained in the Federal Insur- ance Admunistranm Ficod lrjurar.ee Study for Orono. Minnesota, dated April 1973. (b) The maps and studies designated in sub- secticn (a) of this section are adopted by reference as the oflicial maps fer the establishment of the fl:cdpla-n and wetlands ccnser\-at:or. areas and are made a part of this article as if fully set out in this section. At least one copy cf each offlcial mop shall be kept on 61e in the office of the clerk' administrator and shall be available for public rewlew during all normal efflee hours. (Code 19S4, i 10 55(5)) Sec. 78-1110. Zoning use districts. The inning uM districts as designated on the official zoning map shall remain unchanged with CD78;171 I w-nw ORONO CITY CODE the edcptian of this article. The provisions of this article, including the designation cf ilocdplatn and v»etlar4ds conservation areas, shall be in addition to all other provisions of this chapter. Whenever ccnflicts occur between other provi sions of this chapter and provisions of this article, the most restrictive provnsion shall prevail. (Code 1984, i 10.55:6)1 See. 78-1111. Regulatory Hood protection el evation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain. (1) The regulator, flood protection elevation within the Ccodwav and flood fringe dis tricts shall be established by adding 1.0 foot to the base flood water surface eleva tions within floodway listed in the floodway data table conUined in the flood insur ance study. Regulatory flood protection elevations between cross sections shall be interpolated. (2) The regulatory flood protection elevation for Lake Minnetonka shall be 932 5 MSL. (3) The regulatory flood protecticr. e'.e\*atior. within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance w'lth procedures set forth in this article (Code 1984. S 10.55(7)) Sec. 78-1112. Development restricted: prohi bition. Except as specifically permitted, no filling, grading, dredging, excavation, hard cover, tempo rary or permanent structure', obstructions, septic systems, well or other construction shall be al- lowtd within the floodplAin w6tlAnds conscr* vation area; nor on any lands within 26 feet of such area; nor on any land within 75 feet of the ordinary highwatcr elevation of any lake ihore- hne, nor on land abutting, or affecting the area if such activity upon those acUaeent areas is incaxpatible w;th the policies expressed in this article and the preservation of those conservation areas in their natural state. . (Code 1984, } 10 55:8j) J Sec. 78-1113. Floodway district (F\4*). The following uses have a lew flood damage potential and do not obstruct flood flo\\ % These uses shall be permitted wifiun the fleodway dis trict to the extent that they are not prohibited by any other provisicn of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or reg ulation of other governmental agencies having junsdicticn. including without Imitation, the Min nesota Department of Natural Rescurces, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District In addi tion, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or 6>'ste-^ aui use shall adversely affect the quality or qu4.n;.t> o ’ t-ound- water runoff or the quality of the natural environ ment. (1) Permitted uses, when m conformance with this chapter, are a. Agricultural uses, such as pasture, grazing and wild crop harveitmg. b. Fish and wildlife sanctuaries. c Recreational uses, such as fishing accesses, uepaved hiking, biking, horseback or nature trails, and pic nic areas. d. Residential uses, such at lawns and gardens, provided no filling, grading or hard cover is involved. e. Seasonally installed residential boat docks for single-family dwellings t Natural stone riprap shoreline pro tection. g. Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR15021B. CD78-.172 OLMs^fS I 'ROADWAY iwuu INVi *(1014.46) *(1004.441 r ■ TA........................•»ou- a 1013 •S ; - 25 ADDiT »CN »0>j L*2S0.30 J5»3 o, • • I ‘ «' / \( ’ f •i l\l X • I i * I TEST HOUC 0* WETLA\DS stake.*'* “ ------wetland.. • • I %! -M^ _CcL WE~ Jr CEUS^WW; fi SP testing-■ /6o /O'? r Aiftf A 5*0 *i»9 d * / ■- / I 0 • • I I • / r XiHi ' ‘ • 1•.'I' I -:\A'11V KM |2 i". ^ w TGST A^**<XC 13 •\y ..... '-ii:I *' ' ^<>K2--1:y - 'pOQg X-' /■/ / / '.^ ''o I009-- i°fl9 . fyC> ^-1 ^-i-i'\.. OMrrfo^--A l. \ N 87»34' 50" w 124.00 I' - !:• VX—'Vx^/-XX?i>; ;Co w*7/3>• ^ ^ 10 J 9/4 FILE •04-3026 Jun« 16 2004 Pag* 1 o< 5 Dale ApptScalloa Received: 05-19-04 Date Appikalioa Considered as Complete: 06-10-04 60-Da> R<»ien Period Expires: 08-10-04 Chair Mabuslh and Planning Commission Members Ron Moorsc. City Administrator Melanie Curtis. City Planner jj/l^ June 15.2004 04-3026, Anthony Sequira with Rightway on behalf of David Pomije, 801 Tonkawa Road - Aftcr-lhc-fjci variance • public hearing Zoning Dblricl: LR-IB, Single Family Lakcshorc Residential, I acre minimum Lot Area: 3.6 acre (155.771 s.f.) From: Date: Subject: App/icafto/i SuMMar)" The applicant is requesting after-the-fact lake setback and 0-75' liaidcovcr variances in oidcr to reconstruct (and reconfigure) .t deck. The application consists of the following: I. Hardcover within 0-75’ of 1 1% or 3.464.3 s f. 2 Lake set back variance to allow a deck setback of 39' where 75* is required and 49* currently exists (house). 3. BlufT impact zone encroachment of 25'.___________________________________ Sfa//"Recommentialivn: Planning Department Staff recommends approval of the aftcr- thc-fact lake setback .md h.udco\er variances. Hardship The locotiopt of the ex sting home, replacement nearly in-kwd of a pre- I existing deteriorated non-conforming deck ____________________________________ Pertinent Zoning Ordinance Sections Bluff means a topogr.iphic feature, such as a hill, cl iff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the blufO: (1 ) Part or all of the feature is located in a shorcland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) Tlic grade of the slope from the toe of the blufT to a point 25 feel or more abo\ c the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the water body. Bluff impact zone means a bluff and land located v '‘hin 20 feel from the top of a bluff. Bluff, top of the, means that point on the cross section of a bluff below which the slope ? \ L File •04.M26 IS 2004 P«3«2cM becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. Sec. 78-1279. Placement of stnicturcs on lots. (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Public Water SinKture ScMife Tieoiment C:a3Sifica:ior.UnKM-ied Severed S)t:eni NE 150 150 150 RD 100 75 75 GD 75 75 75 Tribuuiy 100 75 75 (2) Additional structure setbacks. The fcllowing additional structure setbacks apply, regardless of the classification of the water body: Setback from Top of blMff L nplancd cengtm Rifht-of-M3> Une of federal, note oi court) hi|;hMay and local public and pnvaie loaJs ^eihacL (in teett (3) Blutt impact zones Structures and accessoiy facilities, except stairsvav s, landings and lock boxes, must not be placed within bluff impact zones. Sec. 78-1288. Hard cover limitations. (a) No hard cover or imperx ious surface shall be placed, located or constructed w ithin 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifis, landings and lockbo.xes as regulated elsewhere in this Code List of Exhibits A Application B. Hardship Documentation Form C. Existing &. Proposed Survey/Site Plan D. Survey and Rcsulutiun 3191 from 1992 approval E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Property Owners List H. Plat Map I. Photos Background David Pomlje is the property owner of 801 Tonkawa Road in Orono. In October of 1992, a previous owner received hardcover and lake setback variances in order to construct a kitchen addition with a second-story. At that time the hardcover level approved within the 0-75* setback w*as limited to 11.2%. The applicants w-ere required to remove equal file •C4-3026 Jur« 15 20C4 PageSo'S amounts of hardcover for ihe 90 s.f. of hardcover they were proposing to add to the 0-75 ’ setback zone. These removals were completed and the hardcover remains as it was approx-ed in 1992. (•see Hardcover Variance section for more details.) Most recently the current owner began a project to repair rotted decking in order to ^surc the safety of the structure. As the repairs progressed it was apparent that the “repair" of the existing deck was resulting in a total replacement. It was at that time that the contractor w'as notified by Bruce Vang. Orono Building Inspector, a permit would be required. After researching the file it was determined that, as the deck was non- conforming in location and hardcover, variances would also be required. LOT ANALYSIS WORSHEET Lot AreaAVidth: LR-IB Lot Area Ul Width Required J3.560»f (1 acre)140 Actual 155.77: if (3 6acie) ' 3»K) » SetbaeJ^ LR.IB Required Cvisling Proposed Lakeshore 75'49(hc.;sc)39-(deck 1 Rear 50 North Side 30- South Side 30’ Averace Lakeshore No nciehborinK homes Sinictural Coveragr; 1 Total Lot Area Total Structural Coverage 1 36 acred 55.771 sf>NA - The p-opertv exceeds 2 acres. Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed 1 Hardcover Etisting Hardcover 1992 Variance Approval Proposed Hardcov* r 0-75 31.1298 i f Osf (0*.) 3.464 3 if (111%)n :•#4.121.8 s.f. (13 2%) 75 - 250 ■^1.277sf 17.806 sf C5* ll.6580if (I6 4».)SA No Change • 250 - 500 53.3566s r 16.009 s r (30*.) 14.646 1 f • (27 4 •.)NA No Change After exclusion of fabric or plastic-lined landscape beds pile wMsoze Ju-# IS 20C4 Pa.«4cfS BIttirSctbMk This property has a lakcward slope which rises more than 25 feet above the OHWL and rises to a height of 35 feet in a horizontal distance of 40 feet, which results in an average slope of 87%. Since this exceeds 30%. it drains to the lake, it is definitely a bluff and the deck encroaches into the “bluff impact zone’* (the bluff itself plus 20* back from the top of the blufO and encroaches into the required 30’ bluff setback for structures The house itself is located within the bluff setback zone and encroaches into the 30’ setback for structures on bluffs. Lake Setback V'artance Approximately 60“b of the existing home is located within 75’ of the OHWL of Lake Mir- tonka. Due to this, any deck constructed lakeside would need a lake setback variance. Also, there is minimal usable yard on the lakeside of the home approximately 15*18 feet prior to the top of the bluff. Tlic deck will provide a safe place for the property owners to enjoy their lake view immediately outside Uieir home The deck, as opj^osed to a patio or lawn area, will have railings providing security near the 87% slope Hardcover Variance In 1992 the previous owners, in conjunction with variance approval, were icqiiired to remove 90 s f. of hardcover. The Council at that time felt that there w.is no hardship to permit a variance to increase the 0*75’ hardcover level. Since that time, the existing path to the lake has been upgraded to a 4* stone paver path with suirs .vhich provides a safer path down the steep slope. Thus, staff has detennined that the hardcover calculated in 1992 did not include this existing path and nukes it appear that the 2004 hardcovci calculation is 2“b higher than in 1992. The path hardcover accounts for the additional 2%. not an increase in the size of the deck. Hardship Statement Applicant has completed the Hard.ship Documentation Form attached as lixhibit B. and should be asked for additional testimony regarding the application. Hardship Analysis In considtring applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approxal for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approxal only when It Is demonstrated that such actions wilt be in keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that due to the existing location of the home there may be a hardship to allow the deck to be rebuilt. Additionally, the deck provides a safe “yard” area for the opplicants to enjoy the lake side of their property from the home. PLE i04-302S June 15 20C4 FaO*9of5 Imum for Considcraiioo 1. Docs the Planning Commission feel that there is hardship to rebuild the deck to the same size as it was before? 2. Is the deck “necessary”? Does the Planning Commission agree with staffs conclusion that a deck is the safer alternative on this property due to the proximity to the bluff? Are there any other issues or concerns with this application?3. Staff Rccomincndation Planning Staff recommends approval of the after-the-fact lake setback, bluff impact zone setback, and hardcover variances. r City of Orono Variance Application 0cnK>n Street Address 2750 Kelley Parlay Orono. 55355 Mam S52-2O-460S fax 952-249-4616 Maihrjg Adc'ess PO Box 65 Crysu; 3ay. MN 5532 •-::55 App.'caticn # iP Date Rece^rec «g> - AfT.ounl PatO Sta*f Fee; r c; S500 Rene^a! S30C S- 2C: Cc^pe Pee Tr-s aoDl'cation form must fce compteted in full Apt .cant will be r.stf.ed witr.tn 15 days as to i-.e status cf re appicaton incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Sue Address; ^V/ Property Identificaton Number (PIN). (Attach legal desenpt on to app'icat-on tf not me -ced on the sun/ey.) Date Property Acquired (rno^h/ycar) _______□ Yes. I own the adjacent parcels Present use of property: )B Residential Zoning District; P?________ □ Otner APPLICANT INFORMATION: (Complete egal ra-es ard mar tai status regu red *cr eacr nterested cany) Name: /is=7/erxf^i, Phone (homeT! */?.? -./W/ v_____ Phone (work) Address; C* gr- Email; (l- OWNER INFORMATION; (Complete lega' names ft rra-ta. satus requ red for eacn .nterestec party) Name: _____________ Phone (home) Address jfit Email Phone (wo^k)- DESCRIPTION OF REQUEST: Estimated Project Cost $ /8,rc^ Describe the request m detail (attach add.t.onai sr'eets if necessary). __________________________ At'rC t)// fV t*/ #30 23 1>- ■___'•t-T*! ' n.-/ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150’ of the subject property, 'abeis and plat map List, labels and map may be obtained from Hennepin County Department cf F,nance Government Center. A-603 300 South 6''' Street. Minneapolis, telephone 612-340-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requi'ements fsted wthin this packet, including hardcover caicu’ations Also provide one copy 8 5“ x if or ir X I?" for reproduction. □ Completed hardcover calculation wo'ksheets (as provided within the variance packet) □ Topographic survey - including existing and proposed elevations Provide one copy 8 5” x IV or 1V X 17' for reproduction. □ Sketches or plans of foor and elevation viev;s (provide one copy 8.5" x 11" or 1V x 17") □ Additional items may be requested by City Staff depending on the scope of the project. • APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Pia-n.-g Department, agrees to pay additional fees (staff time not covered in the original fee payment", and'or consultant expenses incurred in review of inis application and certifies, tnalthe information supplied is true and correct to the best of his/her knowledge The applicant recognizes that hc/she is solely responsible for submitting a complete application being aware that upon fanu*^e to do so. the staff has no alternative but to reject it until it Is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signature"^ Appl’cant’s Signature: !|Date Date OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to Ih s r plication and further authorizes reasonab.e ent.7 onto t.ie property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and venficaiica^f this .-equest Owner's Signature: Owner’s Signature on and venficauca^f Date Date Applicant must have all submittals into tne C.ty offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting please make arrangements to have an authorized representative attend in place of the applicant and advise the cTty Planner assigned to your project. 1/M WCHl&lT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An app cat on w.ll not te consicered comp'ete c* p aced cn ary rreet ng agendas L“t tns fo'*r s cofTciets aro subm.tted *o tne City Minnesota State Statue Sect on 394 27, Subcivis on 7 requires tnat a hardship ce demonstrated in order for a variance to ce granted The wardship must te unique to the property as va-iarces run with tne land and not the land owner. Personal and econorn c Sftuations are not considered vahd ha'^ships In order for an application to be hea-d by tne Planning Corrmiss.on and City Ccunc;: a harcsnp rav ng rrer.t n„st be demo.nstrated HOW DO I PROVE A HARDSHIP? ThiS form has 12 points outlining tne basis City staff uses to determine .f a narcsnip exists and how the variance will affect the surrcurc.rg ccmnnunity To p-'cve a harcsnip. address all the relevant points i sted be ow and a^^swer then* as dearly as pcssib’e Since you are requesting the code exception, you have the burden of proving that the variance is justified. Tne information tne City receives s v.nat is used ir, detemrm rg a den al or approval recommendation If you leave someth ng out it wiii net be considered Please address each of these Hardship criter.a as *ney rs'ate to the recuest (some may not apply): 1.•The property in question cannet be put to a reasonable use if used unde*' conditions allowed by the official centreis ' ‘The plight of the landowner is due to circurntta-ces unique to his p'Cpehy not created by the landowner • •The va'iance, «f gra.nted w.l ret a’tcrre essents. cha'actsr of t"e icca'ity * /hetArxr-/ •Ecc'*omic considerations a*one shal not constitute an undue hardsn.p if reasonable use for the prope.Ty exists under the te mts ot the Zoning Chapter * % Page 2 of 3 ‘Undue hardship also inciudes, but is not l.mited to. inadequate a:=ess to c>'ect sunlight for so!a' energy systems. Varances s^all ta granted earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd 2. when in harmony with th.s Chapter." •The Board of Appea ’s and Ad;ustrr.ents or the Council may not permit as a va.nance any use that is net permitted uncer this Chapter fc' proseay :n the rone Ahere the affected pe*scr $ land is located ’ ■The Board or Council may permi as a vararce the teTipc ’ary use of a one*family dwelling as a two^family dwelling ' •The spec al conditions applying to the structure or land in question are peculiar to such property or immed ateiy adjo n.ng property ' a'erun'n' •The ccnditicns do not apply generally to other land or structures m the distret in which said land is located." rT‘ /fV, •The granting of me appt.ca».»cn is recessfl7 for me preservatcr and enpymeni cf a substantial property nght cf me acplcant.* /i A'ltrycjerrp .________ •Tne grant ng of the proposed variance wi.l not n any way impair healtn. safety comfort, morals, or m any other respect be confa^ to the intent of the Zoning Cede • T»*t^ yj jvtr' «f>yfcr. «j- -r n ' ff L-. Page 3 of3 •The granting of such va'.ance wiU net merely serve as a ccnven^erce to the appticant. but is necessary to alleviate demenstrabe hardship o'd fficuity ' &i tuV viV /// Hardship Statement Should you feel the hardship cannot *u!ly te descr bed m t'-e aoovc cr>to*'a describe the un-que ha'dship. practical d ffeUty or unusual property condit.ors oreverbng corrpliarce with Zoning Ordinance requirements m the follcvvirg i.nes (attach ado t ona sheets if necessary) 7?rrf-J3 >r?agrC #// * '... > )) * A - /• . V.I jiiek. ©c Hi&itC- Ing Shor«lir»-'X', rtlo«*-929.4l \ -04 ■ > V v ' \ . W0ih^; -"Tv \ l^v '^£_’S \ 75*^250* hardcover zona ki9 HkM«f29.«t •04 iee MINNETONKA SCALE m \ AUDITOR'S SUBDIVISION NUMBER 217 HENNEPIN COUNTY. MINNESOTA I h«fflby ( me or un Lond r EXHi&iT D CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3191 A RESOLOTIOH GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 1, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (L) PILE 11765 WHEREAS, John E. Koore (hereinafter "the applicant") is owner of the property located at 801 Ton)cawa Road within the City o« Orono (hereinafter "City") and legally described as follows: Exhibit "A" attach-d (hereinafter "the property"); and WHEREAS, the applicant has applied to the City fcr variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence, such additions constituting additional structure and hardcover in the 0-75* lakeshore 6etbac)c zone where no structure or hardcover is normally allowed. MOW, THEREFORE, BE IT RESOLVED by the City Council cf Orono, Minnesota : 1. 2. FINDINGS This application was reviewed as Zoning File 11765. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Comm.ission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings: a) Approximately 60% cf the existing house and deck is located in the 0-75' setback zone. b) A proposed kitchen addition is proposed to extend an exterior wall approximately 5' nearer the shoreline than that existing wall of the house, yielding a 49' lakeshore setback instead of the existing 54' setback Page 1 of 7 /oT o\ 6. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3191 at that location. Adjacent portions of the house currently exist as near as 44' to the shoreline. ^he interior layout of the house makes it difficult to expand the kitchen area without encroaching into the 0- 75* setback. c) The proposed second story addition above the existing master bedroom, which is 60' from the shoreline, will create no additional hardcover and will merely create new structure above the existing footprint. d) The increase in 0-75' hardcover as a result of kitchen addition is 90 s.f. or an increase of 0.3t hardcover in the 0-75' zone. There is no extraneous hardcover in the 0-75' zone that could be removed to result in no net hardcover increase. At their October 12, 1992 meeting the City Council determined that no not hardcover increase in the 0-75 zone was justified. The applicant subsequently agreed to concurrent removals of 90+ s.f. o.. sidewalk in the 0-75 zone to result in no net hardcover increase above the existing 11.2% level in that zone. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conaitions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right off the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 CITYof ORONO RESOLUTIOM OF THE CITY COUNCIL NO,3191 CONCLDSIOHS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2: 10.55, Subdivision 8; and 1C.56, Subdivision ^L) to perr.it the construction of a 90 s.f. kitchen addition located 49 .rcr. ^he shoreline and a second story above the existing raster bedroor. locawCd 60* from the shoreline, constituting a structure and hardcover in the 0-75' lakeshore setback zone where structure and hardcover is normally not allowed, subject to the following conditions: 1. Hardcover in the 0-75' zone is limited to 11.2% as shown on the site plan (Exhibit "B" attached). Hardcover removals are required as shown on Exhibit B. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level in the 0-75* zone, and any proposed improvements on the property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be rem.oved prior to the footing inspection for the new construction. 2. All excavation work in the area of the kitchen addition shall be by hand methods rather than by heavy machinery. Proper measures shall be taken to protect the steep banks from erosion or vegetation disruption. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1993). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation cf the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 7 ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 31?: The undersigned applicant has read, understood and hereby agrees to the terns of this resolution and on boha^^ or hir.self, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the cha.n of ti«.le o. the property. Adopted by the Crono City Council on this 26th day of October, 1992. Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before re on 26th day of October, 1992, by Barbara A. Peterson 6 Dorothy M. Kallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. a?'* UHDK 5. VEE V **OT*«r Pu B l'C • M sh ESOTA HENNEPIN COUNTY eom*«u>3n aioirM S>U4I Notary Public LcL Page 4 of 7 CITYoffORONO RESOLUTION OF THE CITV COUNCIL NO. STATE OF COUKTY OP On this before me appeared the perso ) !) 88. ) personally to me to be the foregoing tne p«r5oi\i*.F = --- --- instrument, and acknowledged -..aw (their) free act a.nd deed. V? f CO,9r NOTARY PUBLIC STATE OF MINNESOTA ) )88. COUKTY OF HENNEPIN ) - - » 199_» before me rNoLtry-pSbTrrTJnKTn and Jor said Co^_^ 'r»,*rsor(B) deac-ibed in and who executed the foregoing instrument, ird"°rckUw?edged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 7 *. ••• EXHIBIT A RESOLUTION NO.3191 •LECAl. DESCRIPftoW >. l»arakripK:i;r.ThaC pare, of Lot U Auditor's SuWWliloo Nuiber.2l7,,‘ Henr.ep la •’County,. Minnesota: lying southeasterly of a line parallel wlch'and 300.'fe^C southeasterly, neasured at right.angles frcni the northwesterly line of•said Lot 1 and lying northerly of the following described line- cowlt: \ Beginning at- a point In Che noatheastetrly line of said’Lot* 1 distant 12Q feet northwesterly, neasu^red at •‘right angles from the southeasterly line of said Lot; •thence!southwesterly-parallel wltK-the southeasterly line of said Lot., 251 feet;"ithence southwesterly deflecting to the left at an . angle of 2U^»25.\ to the shore of. Lake Minnetonka and there terminating, according to the plat thereof on file or of record In Che office of the Register of Deeds In and for said County. Paracraph 2: All "that part of Lot 1, Auditor's Subdivision Number 217,- Hennepin County, Minnesota lying Northwesterly of a line parallel with and 300 feet Southeasterly measured at right angles ^ from Che north westerly line of Lot 1 and lying Southeasterly of‘ a line drawn parallel-with and 200 feet Southeasterly measured at . right angles from the Northwesterly line of said Lot 1, according to the plat thereof on file or of record In the office of the Registrar of Deeds In and for said County. r // '/' / / / / ■ys' r 0 -4 Z/cy/C ^4 . / / • •' ■p(Ofo!C^ ^ fO* y** / AA(,iscr ■* / l>'’0'»i< i?J ^•' f/o^ , ^pac-cci <'^ / '^SW'' . E (T» j.-?xs TJuT-p'**^ Q^" 6oW. Cft#rrn5<. V l>»rt» PC/ pcs'V . \^ C'l'CvPv**®^ K\do «a C. Crrad^ \ J..S+ 2^S+ - ^ cn • j j__ ;Zyg Joi*i \ \- ! !i \j I { i \?®^^ Et'5^'’'3^avV J LTjeljC — [?8C ^>t> Ota/^W -f^e^ritJ / P°‘^ -----------------/-- cafar y D£c )C i*'J I I Sii^s jvft^ ,,^ 9*(ceJr- / V odf>^*ta r*u^e4UtcK -------------------/-^------ /o' 7" - ^0* / €<^cJ si ■ X i^*»‘’ .C; «• •«•'»^» •«•. ^ .1 •..• r ^.. .'.•« • «•• «"». v. .V II Jvn-40*ZflO4 0I:I4m Fror<lTY Of Otoiio EXtSnUQ MARC>eQ\/Bft tu rs-250***«<»• *eo.ioo<r f K House B. Garage C. Onveway 0. Skiemmi(u^£X^ Ob'itACVE. ____ E. PadQa>ecfc F. Landscape Urx^irWft By Plastic G. Retainirtg WMs KOdier tot^ hardcover in zone TOTAL mOPERTY AREA IN ZONE PWOPOSgO MARtyovew IN 79N|s ♦ B A House B. Qaraga C. Driveway O. Sidewalk E. Pallo/Deek F Landscape Undertatn By Plastic G> Retaining Waus H. Other total HARDCOVER IN ZONE total property area in zone .S.F. .S.F. .S.F. S.F. .S.F. ------------------- .S.F. .S.F. .SF. 51.01 ^SF. S F. A S.F. 6 -P-.S.F. .SJf. .S.F. .S.F. .SF. .S.F. .S.F. .S.F. .SF. .S.F. .S.F. XlOO .S.F. A .S.F. B #•1004 oisI4m or omm ___ Hsiz4i4fii •ETMCKzo*® EXISnWQ HAWPCOVgft IM ZQMP T-W7 P OOl/SOI p-ni A. House (s^n>^ B. Garage ______ C. Ortvemray (|^4cg^ 0. SJdewak (c»^iegr^ ~ E. Potio/O^ck (7ool 4ge>N F. Landsca pe UndBftam By Plastic G. Retainbig KOiwr X X X X X X X X X total HARDCOVER IN ZONE total property area m zone proposed HARDCOv^HtMyr^ A House ♦ B B. Garege C. Driveway D. Sidewalk E Pado/Deck F. Landscape Underiak) By Plastic 0. Retaining WaBs H. Other total hardcover m zone total PROPERTY AREA IN ZONE X X X X X X X X X B IID^.OT HQ .S.F. .S.F. 6516 Z*i fie ___________S£, J7t? II ^S.F. ------------------_S.F. .S.F. .SJ^. .SF. KlOO .1/Z77,<D RC e .SJ". .Si^. -EF. -SJf. -S.F. .SJ. .8.F. ,S.F. .SF. .8.F. .6.F. .-8J*. xlOO »S.F. A «S.F. B ,-l0»4 0I;54mi Fro^lTV Of MOIO SETBACK ZONE: (CIRCLSO n Si EXISTINQ HARPCQYP* ^gffp A. H oum ♦IS224I4III HARDCOJ^ CALOJ^TIONJ^M^HEET T-iir p 001/001 F-rri s(M)-ioo<r B. Garage _______ C. DrivMv GfeittsSPrtveaw D. Sidewalk E Patio/Dacfc F. Landscape Undartaii Byptastie G. Retahtng Wals KOdiar (re^-Jg total marocovcr in zone total Pm^PERTY area IN ZONE FBOPOSEDHA^I K House JELZQfclE B. Garage C. Orivesray 0. Sidewalk E Patlo/Docfc F. Landscape Underlain By Plastic 6. Retaining Wats H. Other total toSotyaw ^ «?20NE K * r X X Wien —S.F. X ----------------- . S.F. 75/ 1 ^ *; p X X ____S.F. X X —a P X X ------------------_S.F. -----------— SF X X ---------------------SF. ——_______aF. X X ----------------------.SF. C X 7Z R *! p - A ♦ B ------ ----------- xiOQ «rv 8 m. X O p K K wea ----------------------SJF. C -------------------->S.F. O BP ( (-____________S.F. ( { ——________9JF. ------------------_S.P. ! : ___________S.F. ---------------—_S.F. --------------------.SF. --------------------.S.F. o a* -------------- IB e il • B ----------------xlOO ■ '---------—_sj. a -----------------------^ rUNDMl (WOM )t 05III2J)M00) PROP ADDR 755 TONKAWA «0 OWNER NAME JALROGIXS f JOHN E A LOIS A ROIjLRS NAMDADDR 755 TONItAWA RU LONGI.AKI-.MN 55156 n osmimoooi propador twtonkawaro OWNLRNAML CHARLES a UEKTILMIN TAXPAYER OlARLtS A nE.Rl MSON HAML/AOOR 740 TONKAWA »D tONUIXKEMN 551M. M 0)11 Til 540610 PROPADOR 710 TONKAWARll OWNER NAME TRAIJHAUnAN TAXPAYER 7000R A fLKLSA J IIAlXiAN NAME/AOOR 710 TONKAWA *0 IDNGLAKI MN 5MM. M 0511711)40011 propador 175 PARriNWOOIIlA OWNER NAME IP A EK OUIIDOI. taxpayer p a El I/Annn k wecmool NAML;a O(« I75PAR7INWOOOLA lONC'LAKI MM S5'Vi )| 051171)4)0001 propador 115 PARILNWOOORO OWNER NAME R M STARK A JM SIARK taxpayer RKTIARDMA7ANLMSIARK NAMEIAOOR II5PARIINW000R0 long LAKE MN 5515* II Oil 171)710007 propador 11) TONKAWA RO OWNER name IE MOORE a id MOORE taxpayer TOHN E a LOURDES B M'JORE NAME/ADDR *<0' FREMONT AVE S MPLSMN 5540T MI NNl PIN COUNTS' PROPrRTV INEURMAllON SYSTEM PROI’fKIYOWNI R.S LIST PADL I M OM171)140005 PROP ADDK 746 TONKAW A MD OWNIM NAME E A CAI DWt IL A M T f ALOW 11 L taxpayer l OWARDA a MARY T C Al DWI LI. NAML/AOUR 746 lONKAWA RO IONGLAKEMN 5M56 It t5ll71))4«X« PROP AOOH 770 TONKAWA RO OWNI R NAME I S* SiOKI RSIROM TAXPAYER IIIOMASS A SUSAN J OKI KSMUAI NAMI7AODR T/OUINKAWARO IjOMOIAKEMN VA)V. » 0511771)40011 PROrAlMlR tl5 PARIIKWOODRD OWNI R NAME W IKOTIIMANN 17 AL TRUSILES IANPAVER WIA JAKOMIMANN MAMUAIJOR tOlV KlI NWOOORO I OIK. LAKE MN «)V. It 05II7114UKI0I PROPADUR MO PARIENWOOO RO OWNI R NAME. J E tiRAY A C ) GRAY EAXPAVER ilRRY E A CVNIHIA IGRAV NAMI ' DOR ttOPARTENWOnORD LOMiLAKi MN 5M54 )t 0tll77)i:UO(N PRO** AODR YOO part LNW’OCO RO OWNER NAME BRIK E * Ma RY ENOEJ SMA taxpayer BRIXLAMARYINGEISMA N AMI7Al»Dri VHi PART I NWOOD HO long LAKE MN 55)56 )t 0«M71)7tOOOI propador 147 TONKAWA RD OWNER NAME DVAIUANTASVAIILANI taxpayer OCNNOVAILLANT NAMIVADOR 10 ECHO DAY DR TONICABAY MN 55)11 )P 0\ll77M4t|>*». PROPAIXJR 7SI TONKAWA RD OWNER NAMI IAWRINCLWLHMMANNTR IAVPAVTR LAWRI ni e w edmaiann naml /ainw gUAiLc rown im NAPI.ISTL 14116 \n OMI77D400OT PROPAIKIR 774 IOSKAWARO 055141 H KAMI II L NAOI AU JR k N L NADEAU lAXPAYLR IILRNARULNA0U5UJR NAMI-ADOR 774 IONK award lOfK.IAKI.MN 55)56 51 05II77M400I7 PROPAIM7R t55 PAKllN5AtJ<l0IA 055NI R NAME SHAIKH ASIM GUI. taxpayer shaikh ASJM GUI. NAML/AOOR *55PARMM55(X)nLA LUNGIAKIMN 55)Vi )t 05117714)0007 PROP AIJUR t65 PAH M NWOOII RO OWNI R NAME RIK.XEINF AJLrXfARD taxpayer R hgkm nk a n pk l aro NAML/AOOR t65PARUNWOOORDS LUNGIAKI MN ''IV* )t nillT157HK)>it PROP AODR 101 lUNKAWA RO OWNI R NAME 0 R POMHI. k I Pi IMIII. IAXPAVLR oavidrpomoe NAML/ADIM Ml TONKAWA RD lUNlilAKLMN 55)'S )t (MII7112IOOOT PROPADOR 6)0 PARILNWtXIDRD OW’NI R NAML MALAND C A JO LI IX L HURR TAXPAYER MALANO& K) LI LI N IIURR name/audr parienwood road LONGLAKLMN 55156 I C-) % RUNOATL «WMOI HENNEPIN COUNTY PROPf RTTf INI ORMATION SYSTEM PROPER! V OWNIJIS US! PAGE 7 J» WIITiMir^ PROfADDR 900 PARTf.NWvWORD OWNflNAME ROBERTPiAtKSONMI TAlf aver ROBERT P JACKSON III NAMt/AOOR WOPARTENWOODRO LONG LAKE MM 55)54 M MIINUIOOO* PROfADOR IV) PARIENAtWORO OWNER NAME RAHIUMUOI DT TAXPAYER ROBERT I A K)VCE P HUMIIOLDT NAMI/AtX)R I50PARTENWOOORO UJNGLAKI. MN PROP AODR OWNI R NAME TAXPAYER NAML/AOUR M Miiuuinoio 925 PARIENWOODRO MARY JANE SAIAR MARY JANE;SAfAR 925 PARIENWOODRO lONGIAKEMN 55156 M 011172)210011 PROP AODR 21 ADDRESS UHASSIGNIO OWNER NAME MARY JANE SAEAR taxpayer MARVJANtSAEAR NAME/AOOR 925 PARTEMWOOO RO lONTiLAKEMN 55)56 )l 01II72I2IO()I7 PROPADOR 960 PARTINWOOORD OWNER NAME IfSLIt J RENNER IRUSUE TAXPAYIR ni.STlNSRUDRSiSlLNSRlin NAM.MODR 960 PARIENWOODRO IONUIAXE-MN 55156 I CERTIFY TIIATTllE FACR RtPRE^NTFO ARE AN ACCURATE AND TTIUEREHRESENFATIONOFINEORMATION AS IT APPEARSTllS DA! I ONTIIE RtOTRDS OF TM^ iIS n CXXWTY TAXPAYF.R SFRVICI5 DtPARn40JTJO THE BEST ^ OF MY KNOWlXDCF.ANDBtUEF DATE <r-2-oy tv 1 CQ L ^ J •-/s Flit MM-3029 July 19. 2004 Pace 1 of 4 Dale Applicalloa Received: 6>9-04 Date Application Coavidrred as Complete: 6-23>04 6d-Dav Review Period Evpires: S'22*04 Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Janice Gundlach. City Planner ^ Date: Sub'ect: July 9, 2004 04-3029, Nfichacl Keaveny. 3423'3425 Shoreline Drive - Commercial Site Plan Review with Vanances - Public Hearing 2U)iiing District: Lot Area: Frontage: B-I. Reuil Sales Business District 1.58 acres (68.897 s.f.) 529 feet Application Summary: The applicunl has submitted an application for a commercial site plan review in order to conduct improvements to the existing building. As per City Code Section 78-642 any application for a commercial building permit prompts a site rev iew by the Planning Commission and City Council. The applicant has requested the following 1 ) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to conven an existing garage area into a game room (Section 78-642) 2) Hardcover variance to allow 90®o hardcover on the site. The impiovcmcnis associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allowed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16®o to 26®o in the past (Section 78-1403). 4) .A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls cuirently exist (S.’ction 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10* front yard setback from Shoreline Drive (Co. Rd. 15) when 20* is normally required (Section 78-646 (c». List of Exhibits Exhibit A - Application Exhibit B - Existing and Proposed Site Plan Exhibit C - Proposed Elevations &. Floor Plans Exhibit D - Lot Analysis Worksheet Exhibit E - Structural Coverage Analy sis (f FiW i<M.3029 July 19.2004 Page 2 of 4 Exhibit F - Hardcover Analysis Exhibit G - Parking Analysis Exhibit H - Section 78-71 Kon-Conforming Uses Exhibit 1 - List of Permitted, Conditional & Accessory B - I Uses Exhibit J - Denial Resolution from CUP Request 4-26-04 Exhibit K - Photographs Exhibit L - Property Owner's List Exhibit M - Plat Map Background The applicant previously applied for a conditional use permit and commercial site plan rc\ iew in early 2004 in order to convert tlie existing > acant garage stalls into a restaurant with liquor use. That request was denied on 4-26-04 and the resolution is attached as E.xhibit J. The applicant is now proposing to construct a new entrance along the south wall of the building Included with that request are plans to convert the existing vacant garage stalls into a game room with a connection to the existing bowling alley The applicant has stated that serv ing liquor is not part of this proposal. The new entrance is proposed at 16* X 132* or 2,026 square feet (minus existing bump out). Several doors are proposed from the entrance to the proposed game room, existing bowling alley, and lounge area known as The Crib. The applicant has proposed to remove the existing wall of the western 88’ of the proposed entrance and install beams to support the upper level This new space will provide area for coats, shoes, and potentially lockers and be open to the existing bowling alley and lounge area. It is unclear if the existing lounge will be maintained under this new use or if the wall separating it from the bow ling alley will be removed The applicant is also proposing to construct a new staircase connecting the upper level parking lot to the lower level parking lot. This staircase is proposed to replace the existing staircase that runs along the eastern building wall. The applicant will replace the existing retaining walls at a later date, which will not require a building permit as they do not exceed 4 feet in height and will be constructed in the same location as the existing retaining wall system. Because the reuining walls do not require a building permit they have not been included in this commercial site plan review. Issues for Discussion There arc a number of issues w ith the application beyond structural coverage, parking and hardcover. These issues pertain specifically to the uses existing and proposed and whether those uses are pemiitted under the current Zoning Ordinance. The structural coverage and hardcover requirements should weigh in on any decisions of what should be permitted on site, however, the Planning Commission and Council should detennine whether the uses should be permitted first and foremost. The following must be considered when determining what uses should be allowed: 1. The bowling alley is currently a legal non-conforming use. The Code of 1968 listed a bowling dley as a permined use and Navarre Lanes w*as created during k.. Fill *04-3029 July 19. 2004 Page 3 «f 4 this Code. The current code, adopted in 1975, omits bowling alley and any entertainment type use as a pentiitied use within the B - 1 zoning district or any other zoning district within the City. Therefore, Navarre Lanes has to be reviewed under the standards Section 78-71 which is the Nonconforming Uses language attached as Exhibit H It should be noted that *>5 of this section states that if a use is discontinued for more than 12 months the future operation of that use must be in a conforming manner. The existing bowling alley has not been open for business for more than 12 months However, because the applicant has bwn working with the City to develop a plan for the use of this property, strict enforcement of Uiis section would not be supported by the legal system. 2. The game room proposed is not a permitted, accessory or conditional use within the B - 1 zoning district or in any other zoning district throughout the City (see attached Exhibit 1). To allow the applicant to proceed with construction of a game room would be in violation of the uses section of the B - I zoning district. A Zoning Code amendment would be required to permit this use It should he noted that the B - 1. Retail Sales Business District is the most leniently regulated district meaning the higher intensity uses would be penniticd in the B - 1 district. This may weight on any decisions to amend the Zoning Ordinance to permit entenainment oriented uses 3. The existing B - 1 zoning district states the following: “Within any B-1 retail sales business districi. no structure or land shall be used except for one of the following uses or uses deemed similar bv the council...” The Planning Commission should discuss the statement regarding “...or uses deemed similar by the council . ” to dclcimine if the game room could be permitted without undergoing a Zoning Code amendment The list of uses permitted in the B - 1 zoning district is attached to this report for your reference. 4 Because Naxarre Lancs is a legal non-ct nforming use it can only expand in confonning ways The proposed addition could be viewed as an expansion of a non-conforming use because an interior wall is being remoxed and access xxill exist to the boxvling alley from the addition. It could also be argued that because the addition itself (its specific floor plan) is not a non-conforming use (bowling alley) that it is a legal expansion. The Planning Commission should come to a consensus on whether th; addition is an expansion of a non-conforming use o: if the addition is merely a permitted accessory use to the existing non-conforming boxvling alley. 5 The applicant has stated that liquor will not be a part of this proposal. If and when it becomes necessary it is anticipated that the City Council xvould undergo the steps necessary to rescind the 3.2% license that was previously approved and riit«04-M29 Jviy 19.2004 Pag«4 of 4 not renew the set-up license that currently exists. Staff Recommendation Determine if the proposed game room is a use that should be permitted by Orono ’s Code of Ordinances. Also, determine if the proposed addition is an expansion of a non- conforming use. If it is determine that the uses proposed should be permitted, examine the structural coverage, hardcover, and parking variances that would be required to be approved to allow the applicant’s proposal to proceed to the City Council. EXHIBIT A CITY OF ORONO - GENERAL LAND USE APPLICATION Appllcationll^ Data Received ^/9 'c Amount Paid '• PROPERTY LOCATION Site Address Type of Appiicaticn to be Filed C\ t'L. r' ^ -------• n : 4 ; Property Identification Number (P.I.D.) APPLICANT . . Name- >) Phone (home) ' V'r^C Address / 3•»' - f - yv/yPhone^work) __ City r>..r. Zip V OWNER (if different than applicant) Name_________________________ Pnone (hjme)_ Address ___ Phor.e (work) _C.ty______ Date Prooerty Acqu.red I (do) (do not) a so own the adjacent parce s of land FEES - CONDITIONAL USE PERMITS - (rr.or.th/>ear) S600 00 Res.dentia! Accessory Use S600.00 Institutional (church, sc"'col. etc.) S600.00 Guest Housc/Gucst Apartments , S600.00 Duplex Cred.t/B’dg S600 00 Commercial/Industrial Use ’ S500.00 Land Alterat;on + Permit _____ Grading and filhng - designated wetland or floodplain _____Grading and filling - 501 cu yd. or more _____ Grading, seawall, retaining walls v.ithin 75 ’ of lakeshore PRD.’PID - see Fee Schedu'e S250 00 Renewal Fee (no chance from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS K SSOO.CO Ccmmercial Site Plan Review (■*■ consultant fees) _______S500.00 Vacation _____$600.00 Easement Vacation ______$100.00 Easement Vacafon With Subdivision _______S600.00 Rezoning (PUD - refer to fee schedule) _______ $600.00 Comprehensive Plan A.mendment ______$100.00 Appeals Other - see Fee Schedule* #30*29 — ^ REQUIRED SUBMITTALS 1. 2. 3. 5 6. 8. 9. Completed Application Fo'n. 'Describe request in detail. ’ Certified Property Owners List of owners within 350' of the subject property, labels and p!at map. List, labels and map may be cbtaincd from Hennepin County Depanmer.t of Finance. Govern.T.ent Center. A-603 300 South 6*' Street. Minneapolis, telephone 612-348-5910). ,Certifcate of Sun/ey (signed by a licensed surveyo”) - refer to handout fo' survey information .Attach legal description to application if not included on required survey. I Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (g-ades). . List of the legal names (include marital status) of all persons w th an interest in the property. This would include name(s) of applicant(s) if not current owner(s). .Construction plan, if applicable (see staff for requirements). .As an addendum to this application, please attach a separate list of any other persons you wish notified of this app'ication YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (IV X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawi.ngs of all documents, plans etc. to be submided.) 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. Cert fication by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____________________________Date__________ APPLICANT’S SIGNATURE The apr cant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses Incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. (• V t'-*. / C. £• KApplicants signature’Date y w.^7 OWNER’S SIGNATURE Tre owner hereby acknowledges and grees to this application and further authorized reasonable entry onto the property / City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's sionatuPeT^ * A dp -cam must have a'l subn-.itta’s m‘.o the C^(/offces-25 days cefore ^Jj^4>lanning Comrrlss on feting Pia'inl.ng Co-mT. ssion Meeengs are he.d cnl^e third Monday of each monin. Applicants must be present at all sohedj'ed review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authonzed agent attend in your piaea and advise the Building & Zoning Office of this change prior to the meeting. o iCZj EXHIBIT B jirr ftAM Ai^A -ID CO»^ve>^ TlJ', /•CCNC. CUK5 GiUtN ‘ 1 04 tCJTAL PAp-WrJc^ hVK\Xh PROVIDED 15 ROAD pfio R>TY ffoUi4 PAdY X'»* •II1 III I Jjon- icNWMlW Sl&(^ N ; % •: >‘»»rf n' tn i‘ir I • ii ^l^VAHOfi view OP new EAH'/JAMce' m X X5 H O j__„: .ziiirtrr^ I]irbri!!::: pi.t ».nif =T?*- - ;.r*-F=aA=arT=r--r -;|1 M—n.IX -------- f rx.K < M*« V* - -- fLOOll- fLAM Dp MPVJ (ito'wJt * Bl*\an^ r' 6L^VP<rioM VltW OF CoHfAOtJ EAfTftAAiCt -JD bOWUfJi^ AO^Y V fimp^ED 6AM 6 CtA6«W «' Of W tl>tft) II • 4». r •mm. EMTMfJOC !■ « r •>r./.‘«C, wr ’rijffLP, Lfel/f, J FLOOp. pLAhl Op MGW un>c\ c%€\♦ 14 fc f: T LOT ANALYSIS WORSHEET EXHIBIT D B-1 Required Existing 1 Proposed Front (street)35’57.5’NO CHANGE Rear (R-District)35'80 ’71* East Side (street)35*123 ’NO CHANGE Right Side (B District)15'0’NO CHANGE The applicant's proposc>d entrance addition meets all building setback requirements of the B - 1 zoning district. Parking Setbacks Yard Required Parking Setback Proposed Gravel Lot Existing Lower Lot Exbting Front Lot Front (Shoreline Drive)20'10'150 ’0’ Side (Kelly Avenue)10 ’10 ’85 ’123 ’ Side (B-l Property)0’190 ’3’0 ’ (shared) Rear (Resideniul Property) 10'80 ’10'167 ’ EXHIBIT E Stract«nil Coverage Total Lot Area 68.897 s.f. (1.58 acres) Total Structural Coverage Allowed; 10,335 s.f. (15%) Exisung: 13.715.22 s.f. (20%) Proposed: 15.741.62 s.f (23%) Section 78-1403 of the Zoning Ordinance requires that all properties in all zoning districts be subject to 15% maximum structural coverage. The applicant is proposing a 16’ X 132 ’ (2,026 s.f. minus existing bump out) entrance along the southern facade of the building. The applicant has stated that the entrance is proposed to help control heating and cooling costs and to provide safer and more inviting entrances to the building. The entrance addition will provide an area for storage of coatb and shoes and may contain locker facilities. The entrance is proposed at 2,026 square feet (16' x 132 ’ minus existing 10’ x 8 ’ bump out). This is an addition of 3% of structure on-site bringing the property from 20% to 23% total structural coverage. HARDSHIP It isn’t out of the ordinary for structural coverage variances to be granted for commercial properties. In fact, variances in the past have been granted to allow for up to 20®/o or 30*/* for commercial properties. For example, the Serv ice 800 building on Highway 12 had a structural coverage variance to allow 26.1“/o. The Zoning Ordinance doesn ’t allow- for any exceptions for commercial properties however, commercial properties are not seen as critical as residential properties with relation to the 15®/o maximum. This requirement is a density issue and commercial properties are generally viewed as more dense, as their lot area a^ setback requirements are less strict as residential properties. The reasonableness of commercial properties having to meet this requirement, the impacts of the proposed entrance, and the benefits and/or disadvantages of the entrance should be discussed in determining whether a variance should be considered for this proposal. EXHIBIT F Hardcover i Total Area of Property Allowed < Existing Hardcover I Hardcover Proposed Hardcover 1 68.897 s.f. 1 24.114 s.f (30*/o: 250*- 500’ zone, 35%: 500'- 1 1000’ zone) 62,106 sf (901'o) i 62.106 s.f. (90%) NO CHANGES PROPOSED Because the applicant is proposing sue impru^cuiKiua —.............— plan review a hardcover anal)sis is required. The lurdco\cr was figured for the entire site rather than zones due to tlie coinmeuial nature of the property and the amount of hardcover that currently exists. The proposal doesn’t include any new hardcover. The major changes that should be noted is the 16* x 132’ proposed entrance and the existing upper gra\cl area being figured as hardcover as it is needed to meet parking lequircmems The non-hardco\cr area;, ol the site ore a small area of grass along the southern K'undary of the site facing residential property and a smaller, un-kept landscape area between the retaining walls separating the lower parking lot from the upper parking lot Ihc proposed hardcover breakdown is as follows. BUILDING 11.032 s f. PROPOSED ENTRANCE EDITION 2.026 s f. LOWER LEVEL GARAGE 2.671 s f. BITL’MINOUS PARKING .AREA 31.350 sf CONCRETE WALLS 2.811 s.f CR.AVEL PARKING AREA 11.391 sf RETAINING WALLS 825 s f ruTAl.190% ] HARDSHIP The nature of this particular property is r; l.•»•’ est.iblishmcnts at the front of the building and entertainment oriented bu.Miicsses CNaw • I '•nevTlic CribTroposed Game Room) at the rear of the building. The grade changes bt» ..ccn the rear and front of the building are quite drastic and cause the need for a stairway system and retaining walls. Parking also needs to be accommodated at tlie front and rear further lessening potential areas for green space, all of which are hardships which have caused the existing 90* o hardcover percentage. *rhe existing gravel parking area in the northeast comer of the site is the site of an old gas station and has been the subject of past actions by the Pollution Control Agency in order to clean the site. Those actions have since been closed and there are no current environmental issues associated with the gravel area. *nus brings the potential for addc.i green space. The applicant has proposed a parking plan for the lot which was reviewed as part of the proposed restaurant. The Planning Commission previously required 10* of green space to implemented along Kelly Avenue and 10* of green space along Shoreline (only at the gravel parking area). The applicant has agreed to this plan and it is shoum in Exhibit B. The grassed area along the southern border would remain grassed and the area between the two retaining w'alls could be better maintained and further vegetated with shrubs, which would be handled at the time the applicant replaced the retaining walls. Staff doesn't see any other opportunities for further hardcover removals without having severe parking impacts. r.. EXHIBIT G Parking AnaTyiis Staff, along with the applicant, reviewed the site to determine the current and proposed uses and the amount of parking those uses demand The City then determmed how many spaces would be required in accordance with the Zoning Ordinance and also the amount of spaces required in accordance with two separate published parking studies The rei>on the City reviewed these parking studies was to determine how the City’s requirements compare to what may be considered adequate parking, and because the parking studies gave more detailed parking ratios. The following is list of the uses and their square footages. and the amount of parking required; USES Retail: Champion Auto - 6.912 s.f. Post Office - 200 s.f. Liquor Store - 1.368 s.f Dowling .Alley - 10 lanes at 5.225 s.f Proposed Game Room - 1.890 s f Lounge (known as The Crib) - 535 s.f PARKJSG REQUIRED BYZOSISG ORDISASCE Retail: 1 T 50 s.f ■ 56 spaces Game Room. 10 * 1- 300 s.f of lloor area in excels ol 2.000 s.f Lounge: 1/80 s.f » 7 spaces Bowling Alley. 6 spaces/lane - 60 spaces TOTAL “ 133 required spaces 10 spaces 1992 STUDYCOSDUCTED BY THE PARKISG COXSULTAMSCOUSClf. Reuil: Auto Parts Store (Champion); 2.51000 s f •“ 17 Post Office; 3 3 1000sf-l Liquor Store; 4/1000 s.f *» 5 Game Room (Public Recreation); .33 person in permitted capacity ° 57 Lounge (bar); 20 1000 s f “ 11 Bowling Alley (Public Recreation) 35'pcrso:is in pennilted capacity * 50 TOT.AL = 141 required spaces 1991 STUDY COSDUCTED BY WE AMERICAS PUSSISG ASSOC'lA TIGS Retail; Auto Parts Store (Champion): 3.3 1000 s.f *■ 23 Liquor Store: I MOOs.f »3 6.5/1000 s.f »9 3 ♦ 1/300 s.f •» 8 Avcrace»7 Post Office- 1/500 s.f = I 4/1000 s.f = 1 Average = 1 Lounge (bar): 10/1000 s.f = 5 l/50s.f.-ll Bowling Alley: 2/alley - 20 Average = 8 Came Room: (amusement center) 3/alley - 30 4/alley ■ 40 5/alley - 50 6/aIley ■ 60 Average = 40 1/200 s.f. 1/2 coin machines*9^? 1/150 s.f. 1/4 seats - 13*? 1/50 s.f-38 1/1 game table-? TOTAL - 56 Game Room Parking (maybe 45 machines) = 101 required spaces (assuming a number of machines) The applicant has proposed a plan with 104 parking stalls. The addition, at 16* in width, would obstruct eight of the 104 parking stalls proposed. If the addition were reduced to 14* in width these parking stalls could remain, which the applicant has agreed to do. After conducting this study staff discovered that the parking required by Section 78*1516 of the Zoning Ordinance may actually fit in line with what the two studies suggest is adequate parking for the proposed uses. There may be some justification for a parking variance based on the 1991 parking study performed by the APA. Weighing the restraints of providing parking for the uses the building currently supports and the game room propos^, the Planning Commission should discuss whether there are hardships inherent to the site to support granting of a parking variance. The parking study information is provided as a supplement in determining if there is a hardship and if the site could support the amount of parking it demands. If the Planning Commission determines that the uses proposed fit within the guidelines of the Zoning Ordinance, staff would suggest that the applicant provide staff with a detailed floor plan that the City's parking consultant can use to determine the amount of parking the City should require. r EXHIBIT I] Sec. 78<71. Nonconforming uscf. Any land or buildings which were actually and legally dex oted to a nonconforming use on January 1. 1975, may be connnued m the nonconforming use pursuant to conditional use permit granted as specified and subject to the following provisions; (1) The nonconforming use may not be changed to anotltcr nonconforming L use. Nothing in tins chapter shall present the placing of a structure in safe condition when the structure is declared unsafe by the buiKimg inspector, providing the necessary repairs shall not constitute more than 50 percent of the fair market value of such structure. A structure shall include such accessory’ features attached to the structure or located anyAvhere on the land, such as signs, marquees, or monuments. Wlien any law ful nonconforming use of any structuie or land in any district has been changed to a confonning use. it shall not thereafter be changed to any nonconforming use \Slicncvcr a lawful nonconforming structure shall have been darraged by fire, flood, explosion, earthquake, war. riot or act of God. it ma% be reconstructed and used as before if it be reconstructed within. 12 months after such calamity unless the damage to the building or structure is 75 I>etccnt or more of its fair market value as shown on the assessment records at the lime of damage, m which case the whole of the structure sliall be demolished; and any construction thereafter >hal! K* for a use in accordance with the provisions of this chapter Whenexer a law ful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of such structure or land shall be in conformity with the prox isions of litis chapter. Any laxvful nonconforming use of land no! inxclving a structure and any laxvful nonconforming use involving a structure with an assessor's fair market value upon January 1. 1975. of $3,000 00 or less may be continued for a period of 36 mouths after January I. 1975. xshereupon such nonconforming use shall cease, unless brought into confornuix xsith this chapter. Any proposed structure which xxill. under this chapter, become nonconforming but for which a building permit has been laxxfully granted not more than six months prior to January 1, 1975, may be completed in accordance with the approved plans provided construction is started xxiihm six months of January 1, 1975, ana continues to completion uithin two years. Such structure and use shall thereafter be a legally existing nonconforming structure and use Nonnal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use Alterations may be made to a building containing lawful nonconforming residential units when they will improve livability, provided they will not increase the number of dwelling units or bulk of the building. (10)The nonconforming use provisions of this chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent sUict conformance with the requirements of this chapter. Where, however, such a situation existed legally under the prior applicable law, the council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under division 3. subdivision II of this article. (Code 1984. § 10.03(5» s. Pipe and tobacco shops. I. Plumbing, electrical, heating, housewares, fumtture. carpet store. u. Postal sub laiion. V. Real estate sales. w. Reuil food of all varieties and home supplies. X. Sewing center and yard goods. y. Sporting goods store. z. Tailor shops. aa. Temporary sales, such as Christmas tree lots. bb. Travel bureau cc. Variety store. dd. Wearing apparel store, shocstorc. cc. Off-sale liquor store. IT. Home and garden equipment rental. (2) Municipal huiUlings. Municipal buildings where the use conducted is customarily considered to be an ofllcc use. (Code 1984. § 10.40(3); Ord. No. 152 2nd series. § 1.10-28-1996) Sec. 78-644. Conditkmal uses. Within the B-1 retail salc.s business district, no structure or land shall be used for one of the following uses without a conditional u'c permit: (1) Garages for the &cr\ icing and repair of automobiles, prov ided repair functions are totally eiKlosed in a building. (2) Motor fuel stations subject to the provisiors set forth in section 78-1373. (3) Restaurant (class I), in which food is served to customers while seated at counter or table, or caieteria. in w hich food is selected by a customer while going through a line and taken to a table for consumption. Neither live cniCTiainment nor intoxicating liquor sales arc permitted in class I restaurants. (4) Restaurant (class 11). i.c., a fast food, convenience. dri\e*in. or liquor store restaurant, which is a restaurant where a majority of customers order and are ser\ cd their food to be consumed .it a counter in packages prepared to leave the premises; or a drive-in where most customers consume their food in an automobile regardless of how it is serv ed, or restaurants which serve intoxicating liquor or have live cntertaiiunent. (5) OfT-strcct parking when the principal site of the off-street parking abuts on a lot which is another B or I distnet and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X. division 5. of this chapter and such other conditions as found necessarv' by the council. (6) Public serv ice structures, including but not limited to electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks. liR stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers sliall not be considered public service structures. (7) Day nurseries, pros ided not less than 50 square feet of outside play area per pupil is available and fenced. (8) Professional oBice and offices of a general nature. (Code 1984. § 10.40(4); Ord. No. 161 2nd series, § 8.6-7-1997; Ord. No. 183 2nd scries. §§ 1.2.2-22-1999) Sec. 78-645. Accessory uses. Within any B-l retail s.iles business district, the following uses shall be permitted accessory uses: (1) Private garages, off-street parking and loading spaces, as regulated in this chapter. (2) Signs, as regulated in this chapter. (3) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction. (4) Decorative landscape features. (5) Fences, as regulated in this chapter. (6) Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building. (7) Public telephone booths. (8) Communication reception transmission devices. a. Accessory antennas Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions; 1. Height A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side ya^ setback abutting a street. 3. Roofs If vegetation or obstructions interfere w ith satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Setback Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the anteruia. 5. Budding pernvts A building permit shall be required for the installation o' any accessory antenna requiring a conditional use permit. Building permit applications sh.all be accompanied by a site plan and structui^ component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. 6. Lighting protection Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. r Electrical code Accessory anteima electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. Color/content Accessory antennas shall be of a neutral color and shall not be us^ as signage. Amateur shortwave radio antennas and lowers. Amateur shortwave radio antennas and fowlers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: 1.Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 6S feet Yards Amateur shortwave radio antennas and towers shall not be located within a front, comer side or side yard. 3.Setbacks. Amateur shortwave radio antermas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (Code 1984. § 10.40(5); Ord. No. 161 2nd series. § 8.6-7-1997; Ord. No. 183 2nd series, §3.2-22-1999) EXHIBIT J GITYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 5 I • A RESOLLTION DENTING A co .nditional use permit , COMMERCIAL SITE PLAN REVIEW, AND vari .ances per municipal zoning code SECTIONS 78-644 (4), 78-642, 78-282, 78-1288 (B), 78-1403, AND 78-1467 (3) FILE fe04-2977 W'HERTAS, ihe City of Orono is a iv.uiiic.pal corporation organized and existi;;p under the la\^ s of the State of Mnmesota. and WHEREAS, p'lrsuant to State Statutes 412 et sec. and 462 e» seq. the Cty Council of the City of Orcno has adopted zoning regulations for the protection of n<* public health, safety and general vveifatc. and WHEREAS, Michae: Keavcny on behalf of Richard M Keaveny Rev. Trust G'.crenvifter “the applicant ”) is the owner of the property located at 3423 342^ Sho’cli’'- Drivc ithin the City of Orono (hereinafter “die City") and legally described as foilo’ws”' Lois 1 and 2. Slock 2. KEAVENY ADDITION, according to the plat luereof on file and of record m the office cf the County Recorder iii and for Hennepin County, Minnesota (hereinaf.er “the prcpeny"). and W HEREAS, the applicant has applied to the City of Orono for a conditional use permit, commercial site plan review and associated variances in order to operate a Class n rcsiaura.it and to construct a new entrance foyer expanding the current buildinz footprint, requesting the following approvals 1.Section '»8-644 (4): CUP to operate a Class II resta.irant (witii liquor). Section 7S-642. Commcrcia: site plan approval for a building permit to allow construction of a new entrance foyer, expanding the current building footprint, and interior remodeling to consinict a restaurant. Section 78-282 and 78-1288 (B): Variance to permit 90% hardcover within 1000’ of Lake Mmnetonka when 25% hardcover is pomined in the Page 1 of4 r CiTYoTORONO RESOLUTION OF THE CITY COUNCIL NO. __LL61 75’-250’ zone, 30*/i m the 250’-500’ zone and 35% in the 500’-1000’ zone. 4. Section 7S-1403: Variance to pe.Tnit ;6% Lot Coverage by Structures when 15% is normally pemv.rted 5. Scctjon 78-1467 (3): Vanance to pemiit an existing sign to be located 2’ outside the property boundary 6. Section 7S-1516: V'ariance to parking stall requirement where City Ordinance would technically requite U7 stalls and only 104 stalls arc proposed WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planmng Ccmmission, and the comments and WTittcn statements submitted by the applicant NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies die requested conditional use permit, commercial site plan review and associated variances as desenbed above based on cnc or more of the following findings of fact concerning this propeny; I 3. The property is in close proximity to the residential neighborhood to the south Tlic entrance and parking area for the proposed use directly abuts the adjacent residential neig.hborhood The poic.-itial for increased levels of noise, traffic, activity, public disturbances, litter, damage to property, and calls to police that can accompany a site which serves liquor, have a high potential to be disruptive to the immediately adjacent residential neighborhood Tnc City Council on March 22, 2004 denied a liquor license for the proposed Class II restaurant. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order that variances be granted The Council finds that: Page 2 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _____'* The propcny in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. The plight of the landoune: w as created by the landowner, in that the need for parking variances is directly related to the proposed use cf the site c. Granting of commercial site plan approval and associated vanances would appear to serve as a convenience to the applicant and the applicant has not demonstrated sufficient rcaso.nable hardships or practical difficulties acceptable to the City Council d The conditions of the Zoning Code limits i.mposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located. The City Council has considered this application including the f.ndings and recommendations of the Plamnng Commission, reports by City staff, comments by Uic applicant and the effect of the proposed conditional use permit, commercial site plan review and associated vanances on the health, safely and w elfare of the conmiunity. Adopted by the City Council of the City of Oiono on this 26 “*’ day of Apnl. 2004. ATTEST: Linda S. Vec, City Clerk Barbara Peterson. .Mayor Page 3 of 4 L GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this^ day of 2004 by Barbara A. Peterson. Mayor of the City of Orono, a Mian^ta municipal coiporauon and said instrument was executed on behalf of the City f •4^i.« 5TI • T /**i .r-- r V rr 1 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this day of «/*» •' 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. C/CtWrAM-'£*>''* *^.ten:-*.* ^ /l Q. C — Notary Public Page 4 of 4 "'r«m TTo.i '■•'W; . > •. • as im'-’ '• I ll. i i ;; -f ^.\S; V ■' ’■v C-%;\-;-;ih./.f fev- atwiiL »',v!i\'i^ 'i 5;>l« I.I.. Ifel ^nmini i. 38 1711723430086 Gary A. Hansberger 3465 Lyric Avc. Wayzaia. MN 55391 38 1711723430090 Mark W Schmid 3499 L>xic Avc. Wayrata, MN 55391 38 1711723430099 C T Johnson & B A Johnson 16110 9'^ Ave.N Plyinouih, MN 55447 38 1711723440009 Marchcl Diurich 433 5*” St W «201 Waconia. MN 55387 38 2011723110015 1” National Bank of Navanv CO Road 15«&CORoad 19 Navarre, NfN 55392 38 2011723120027 Ward E Edwards 2474 Carman St. Wayzaia, MN 55391 38 2011723120034 Richard M Keavenv Rev. Living Trust 13405 HwyNoS Young Amcnca, MN 55397 38 2011723120053 Timothy J Thocle 2501 Kelly Avc. Excelsior, MN 55331 38 2011723120063 Bradley A Hoyt 253 LiJce Street E Wayzaia, MN 55391 L EXHIBIT L 38 1711723430087 Tom C. St Julie M. Flynn 3473 LyncSi. Wayzaia, MN 55391 38 1711723430095 Sandra Holman 3468 Shoreline Dr Wayzata, MN 55391 38 1711723430142 Richard W Bloomquist 3333 Shoreline Dr. PO Box 121 Navarre, MN 55392 38 1711723440100 Donald McCarvillc 6649 Warner Rd. Mound, MN 55364 38 2011723110024 Super Valu Stores Inc. Corporate Tax Dept. PO Bex 990 Mimtcapolis, MN 55440 38 2011723120028 Richard & Johanna Edw ards 2480 Carman St. Wayzata, MN 55391 38 2011723120051 Austin H Evans 2497 KrllyAve. Excelsior, MN 55331 38 2011723120054 Michael J Kcllcn 2503 Kelly Ave. Excelsior, MN 55331 38 1711723770101 Leroy Koehnen 3360 Shoreline Dr. PO Box 8 Navarre, MN 55392 38 1711723430CS8 Lyle C 8i Joyxe E. Scott 2508 Bantas Point Lane Minnetonka, MN 55" . 38 1711723430098 Germ-Tom Partnership CO Court MacFarla.-.e 1107 Hazcltinc Blvd. <*535 Chaska, MN 55318 38 1711723430155 Thomas H Frahm 3105 North Shore Dr. Wayzata, MN 55391 38 1711723440102 Sienhcn H Sclimidt 2986 Highland Blvd. Mound. inN 55364 38 2011723110032 David J Delaney 4S00 Casamita Rd Excelsior. NfN 55331 38 2011723120033 AV- k G Overson 3625 Alvarado Lane Plymouth. MN 55446 38 2011723120052 Sylvia Benagonoli 2499 Kelly Avc. Excc!s:or. MN 55331 38 2011723120C55 Kelly Cove Hmov^ners Assn Orono 2497 Kelly Ave. Excelsior, MN 55331 FILE*:. 5030 29 Ju'-t 2CC4 Pagt 1 of 4 Dale Application Received: 06-03-04 Date Application Conttderrd as Complete: 06-29-04 60-Da) Rc%ic» Period £spires: 08-30-04 To: Chair Rahn and Planning Commission Members Ron Moorse. City Adimnislrator From: Melanie Curtis. City Pla.-'.ner Date: June 29. 2004 Subject: 04-5050. Craig l-agorio for Dr. Martha Spcnccr. 1005 Willow Dri\e S. -Variances •Public Hearing Zoning Dutrict: l.ot Ana: Lot Width: RR-IB, One Family Rural Reaidenliat District 200* width & 2-acre mir'mums 95.002 s.f. (2.2 acres) 260* measured at a line parallel to the shore____ Application Summary: The applicant is requesting a lake setback variance to allow | grade level decks within 150 ’ of the OHWL on a natural cnviroiunent lake and a luidcovcr variance wnhin the 0-75 ‘ setback zone in order to cotiMiuct lakeside decks over cxisiinii paiios Staff Recommendation: Plaiuiing Department Staff recommends approval of the variances as requested. i Haidship The existing home is hcateJ entirely within the required 150 lake setback ; and half is located within 73 ' of the (3117/C ____ Pertinent Zoning Ordinance Sections Sec. 78-1217. Classification of public waters. The public waters of the city have been classified below consistent with the criteria found in .\iinnesota Regulations, part 6120.5300. and the protected waters inventory nup for the couniv OIIW1 (fcc'.i 1 PfiMftred W aiers Inscniors 1 D ■ (II .V.TiKMi/ Lnuronmtnt (\Li LiWe Classen 9T4 5 I62.p L)'<Vr> Lasc 985 5 lel-W Fteneh Lake (South Uastn or.l>)9JJ0 140-P r PILE rn-scsa 29Jv->t20C4 Pag«2oT4 Sec. 78-1279. Placemcni of structures on lots When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follow's: (1) Structure and on-site sewerage system setbacks (in feett from ordinary 1 1 S«»agf j Public W Iter j Structura Trcaimrui i ClaiiincaiioR 'LuMwcrni Sewerea 1 S>tlcm 1 Nt 150 11 150 ’ 150 100 75 1 75 ' CD 75 *5 1 TnOJ'jrv too 75 1 75 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the oidinary higli water lc\el of any lake or tributary, except for btairvva>s. lifts, landings and lockboxes as regulated elsewhere in tliis Code. (bi Between 75 feet and 250 feet of the OHWL. there shall be no greater than 25 percent hard cover Between 250 feet and 500 feet of the OMWL there shall be no greater than 30 percent hardcover. Between 500 feet and l.OOO feet of the OHWL there shcdl be no greater than 35 percent hardcover. List of Exhibits .A. .Application B. Hardship Documentation Form C. Existing Sc Proposed Survey. Site Plan D. Submitted Hardcox er Calculations E. Aerial Photo F. Property Owitcrs List G. Plat Map Background The existing home at 1005 Willow Drive South is located entirely' within the 150’ structure setback for French Lake, a natural environment lake. Additionally, half of the home is located within the 75 ’ setback from the OHWL of French Lake. Any additions or alterations to the existing home would require a lake setback variance, a hardcover variance or both. The applicant has proposed to construct decks over existing patio hardcover resulting in a slight reduction in hardcover vsithin the 0-75 ’ zone. The property is surrounded by mature trees. FILEfC4.3030 MJunt2004 P*gt4or4 Hardship Anal>-sis Im consUtriHg tpptkothmt for vrionee, the rtannUtg ComnOsstoH thott eotulder the effect of the propoted vorionee upon the keaUt. i^ety and welfare of the eomemmity, existimg and anticipated traffic condMoas. light and air. danger off^, risk to the puhlk safety, and the effect on valnes of properly in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of clrcunrssances unique to the Individual property under consideration, and shall recommend approval only when U is demonstrated that such actions will be in irking with the spirit and Intent of the Otono Zoning Code. The home was constructed prior to the adoption of the Shoreland Overlay Ordinance (1992) which identified French Lake as a natural environment lake requiring a 150 ’ setback. Prior to adopting the Shoreland ordinance the home was in a conforming location, as it was only subject to a 26* wetland setback at that time. Staff finds that due to the location of the existing home and patios, there is a valid hardship for granting the lake setback and hardcover variances. Hardcover witltin the 0*75 ’ setback will decrease as well. Issncs for Considcralioa 1. Will the new decks over existing patio areas have any negative visual impacts as viewed from the lake? 2, Are there any other issues or concerns with this application? SlafT RccoBBicadaHon Planning Staff recommends approval of the variances as requested with the following provision: 1. Removal of all fabric and plastic landscape liners. mill Mttil ntifTifi M L f/iV ’ r/M 4-45?V 952=‘SC-?EDS E03 7=2 5*;3 i75 ‘i J»Kascfi=^ llc C=:2 ?. 22 «2 SfoB»f Addrta. 276C <oi:ey Pifiwtty Oxro. VN S5358 Ap:iicat.=? # 0^*^ 'hiyhO Va:-. 652-S48-46C0 •vc 952-249-4619 Mtfir.g Addrtir. P.Q. Box 8« Crystal Bay. MM 5S323^:c;6 Di’^ Baca.vec ArauntP&d: __ Sta'f; V L'^ Fee: *nrii'i: .'y see: Ri-rAffll: A*er-^^e-*a:t S* S:; Zz.z tT^TT Ti$ ip?icr»ci fern nusi be cenceted in fj'i. Ac;’oa.nl w.: be nx'-e *5 d?>» as to d-c s*.at;.i cf r.e appitcaton. Incomplote applications wilt not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: /opy w\/»evL- ^ Property identifeat.on Number (PiN):/C/f I'SZ^^-'r (Attacb :egBi dsscrioion to app! cation if rotirc-.:ced on the survey.) Date Property Acquired (montn/year); M / %-2, □ Yes. I owi the adjacent parceii. Present use of property: j^Residentiei Zoning District: ________________ ’ □ Otrer APPLICANT INFORMATION: tCcTp;s» iKti raTai and ma^'al staajs resjlred fe* eacn intt'ested aany) Name: ________________ Phono (homo); Address: hr*' ■ cl Eriii; -r 4 /A ■J>, yvA- __Phone (work). /»>/v- -%y yi ^''V V, CT / * *v ^//i OWNER INFORMATION^;Cof-^'elB pb*-.b5 era rai'tit status rsq Jred fo' each Irtsres’.a: car.y: •~rv Autce- uSL>t^»-4 SPd/Oeg/g-*_________(. S CexJC,' Irtllir ________ Phone (homo): Address’ tooy __________ Emai.: ^Arb.m'.cerr^/‘K« Cj^c ^ R S7l I mx^ Phono (work); R *^Z '^'h-r Oft. so lA/.'S^m/J jSS OU5^ DESCRIPTION OF REQUEST; Est mated P'oject Cost Dessr be the request In detail (ettecn eddlticna sheets 'f necessary); __________ VruifT S /J-V - — #3030 1 fVAY. 7.200^1 4-45PM 9523 ’^>?:3S 952 993 *7511 '.an:scapeu.c KO. 5C2 ’ *i « REQUIRED SUDMrrTALa: AH of th# follcwip.g Infbrmieon rrust bt lubmlHed by lh« apprcaSon dtBdii-'.s dtt® in cr=cr *zr yc.* Bppll:ation to ba p*osoiMd. □ Off-Application Mtati'-g Fo'n. compVed ty a City P'anner C Completad Apprcat’on Form C Corrpleiad Hardsh o Documentation Form □ Cartifled Property Owr.era List - owrers v/-* ri ISO’ of the suo.ect p'cpe-ty, absis a"d plat mao. Lilt, labels end map nay be cotained f*om Hsnrep'r Counr/ Department of r.r.anca. Government Center, A-503 300 Soutn 6” Street, Minneapolis, telephone 0t2-343-5913 □ Original Certificate of Survey (signed by a licensed surveyor), meeting a * the reoursments iited wiinin this packet, including hardcover calculations Also provide one copy 8 5'xlt'o- tv X t?"forreproduct'on. □ Completed be’dcove.* calculation worksheets (as provided within the variance packat). □ Tcoographic survay > Ircludmg existing and proposed elevations. P.xvide ene copy 9.5' x 11 or IV X t7 ’forreprcdJCfor 3 Sketches or p'ane officer end elevation v ’ev/s (provide one copy 0.6 ’ x 1 1" or 1 ** x ‘7 ’) □ Aoditional items may be requested by C'ty Staff depe'^dirg on tn# scope cf the prcjoct * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provde all Information required or .'equeeted by the Piannirg Deparjrent. agrees to pay add.tional feet (staff tire not covered in the original fee payment) and/o* corviu tant expm-es incu-red in review of inis application a“d certifies that tne r.foT-.at-on supcl'id s true and coraet to the best of his/her knowledge. The applicant recognizes that he/she is so'ely reaponeible for submitting a complete application being aware that upon failure to do so. the staff has no alternative but to reject it until it is complete or to recommend the request tor denial of the request regardlees of its potential merit /-<c^ ^Date: Date: Appi.can! s Signature. AppilcanTs S.grature: 'c' .V /A' ^gWN^ ACKNOWLEDGEMENT^^ ire owner Fe.'eoy ackncwleogsa end agrees to th's application ..nd fwrihc’ a-thonies reasc^acs entry onto the property by City Staff, conauitanls, agtnta, Commlsslcn & Council Memba-s for purposes of Investigation and verification of this raqueit. Owner's Sgnttjre: Date: P'S Owner's Signature: * / —r - Apolica.nt m.uit have all submittals into the City offices 25 days before tne Panning Commissicp Meetirg. Plenning Commission Meetings are no'ma'ly heid on the third Monday of each monbt. Applicants must be present et all echoduled reviaw meetinge of the Planning Commission and Council, if an applicant is unable to atte.nd a schedu'od meeting, please rreke arangenrents to havi an authorjed reprasantativi atttnd In piaca of tha applicant and adv'se the C^ Piarner assigned to your projtsi HARDSHIP DOCUMENTATION FORM Page l of 3 This form is a required submittal for ALL variance applications. An asp icat cn w I "Ot be ccns'bered ccmc’e'.e o' p'acec on a"./ r.eet-g agerdas ur.;' t" s fc'*r ts cor"piete ana submitted to tie City _____ M nnesota State Statue Secton 394 27. Subdivision 7 requires that a rards-.'p pe demcnstrated in order for a variance to be granted. The narash.p must be un.que to the cfoperty as varia.-oes run w.tn the land and not the land cA-er. Persona' and ecorcn c s^t'jBlcns are not considered va' d hardships m rrder for an application to be hea'O by the Piarn.ng Commission and City Council a ha'dshp hav.ng me.'.* must be demcnstrated HOW DO I PROVE A HARDSHIP? ^ ^ ^ ^ Tn.s form has 12 po.nts ou'Uir "g the basis C ty sta" uses to detcrm.ne i. a hardship ex sts and hew the variance will affect the surround rg cenmunity i o c'ove a hardship, address a’l the re evant points l.sted below and answer them as c'eari/ as poss b e S nee you are reouest rg the cede cx:epticn, you have the burden of proving that the variance is justified. The mfornaticn tne C.ty receives is what is used m determ n-g a Denial cr approval recommendat.cn. If you leave som.ethrg cut it wi’l not oe cers dered Please address each of these hardship criteria as tney r£'ate to the reo-est ;so-e may rot app'y) "The property m quest on camet be put to a -easonabie use i* used under conditions ahewed by the official centre’s ' U4r'/' / /■ r • r./ / •* > • r r? v -k ~ /*■ /V.. / ^-4 ny ^ /V W A. . A "The plight of tne landowner :s due to circu» -:a-ces unique to h s p'oceriy net created by the landownei ‘ 3 "The variance, if granted. \v II no*, a ter tne essenta. character of the local.ty. "Economic considerations alcre sha'l not cerst tute an urdjo harden p if reasonable use for the property exists under the *.2"xs cf the Zoning Chaoter." /z>/^ry._________________________________________________ #30 oo lUil Page 2 of 3 ‘Urdue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Varances snail be granted for earth shelte'eo construction as defined in Minnesota Statutes. Section t'SJ 06, S-bd 2. Ahen in harmony with this Chapter * ________.fV-— -______________________________ iAMii •The Boaro of Appea s and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for p'cperty in the zone where the affected person s lard is located * . > *>/ £\- ______________________________________ "The Beard or Council may permit as a variance the tempc''ary use of a Qre*family dwelling as a two-family dwelling * ~ .. L-"' "The special cord t ons apoly.r*g to the structure or land in c^esticn are pecui a- to such proper.y or immediately adjcmirg property " _____»'f. •/ :? ..'.I A 9. "The conditions do not apply generally to ether land or structures in the district .r A*'ich said land is located " -i r; > -m f’ L^i\' to "The granting of me application is necessarv for the p'eservation and enjoyment of a substantial property ngnt of the applicant." t -•" »'><, •hr/-: /ViT «■ t >Jt •Tne granting of the proposed variance w>ll not in any way irrpair health. sa*ehy. comfort, morals, or m any other respect be cont'a7 to the mtert of tne Zenmg Code.- 7>f vVt.ee. /C- >u/*r <rvi/ /T\ .j's- Sw.,.- o :i fci, 4 i Pag-3 of 3 ^2. "The granting of such vahanco v/il not merel> serve as a conven.eriCe to the acplicart. but is necessary tc a 'ev-ate demonstra&ie ha'dsh.:p or diff cuity C*' ,f A.* /T T7 rXl.^r i»- ^ - - - Hardship Statement Should you *eei tne hardship can^ct fu'*y be deserted !h the above criteria, desenoe the ur.qje hardship practical c ff.culty or unusuai orcpe'*y co-ictt.ors p-eve-'tmg corre larce VKith Zoning Ordinance requirements m the following i nes (attach adetena shee.s if necessary). 13030 O j.i'aiHvg IrL_ -p HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)-*co* rxlSTtVG HiRDCQVTR Pi ZONE A. Kc^e Lsnf* B Can}: C. Drveway D. Siile'fci'ji E Pai.»Oee< r. Lardsnce UnderUiti By Plutie SOO-ICOO- uoS s? SF. Sf SF. SF s.r Sf SF SF Sr SF SF G OtFe*£,+ ubil -UJL - B SF SF pnnpQsrn harpc ^v ^'^ zone A. Ho'-.e ------------------— U!t(« B. Cari;e C. Dnvtwsy D. Sidr*aik E. Pai:^0«l; F. Landscape Undertaia By Plasnc G. Other SF •• \\0^ i F. 5 F SF SF S.F. SF. S.F. 377 SF. SF SF. SF. S.F. ((.of SF A " S.F. B ■ iiO — E.\RDC0'»'ER CALCLXATION WORX5 T SETBACK ZOM: (CIRCLE O.NE) tt-:r yrr^TTNC ~«RDCOVTa tn zqv » A. Kcuss______________ Usr-** B. C«.n|S C Drive^•ay p. S;de»a^< E. PaxiarTrecit F. Undscare Ur.iertaia By P'.uf.c G. Ofter cA. u/.U total hardcover in zone TOTAL PROPERTY AREA IN ZONE - B ____X 100 ppopospn HABnr QVTR in ZONE A- Houie ---------------------* B. Ginj; C Crivtwsy D. SIdevci E. PaticCeck f. Ur.ds'r:?'* Underlain By Plisae G. C±er total KARCCCNTR total PROPERTY AREA IN ZONa • 3 •OO-ICCO’ 1033 i(oy HZ(€>o SJ SI. SI. ^6»02, S.P. SP. s_-. S--. sr. Sr. SF. S.F SI. 2.2.g V7 ST. A S.F. B •% S.F. SF. S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. Z.Z. SI. I V.T •ST. "ST. L_ file •04-3031 Jj.y 6 2004 P«gt2ol3 became aware that the unique jog in their northern property line creates a nonconforming setback for their existing home at 21.6' from the property line where a 30* setback is required. Therefore, the applicants have applied for a side setback variance in order to construct an addition to the northern portion of their home extending 10.7’ further into the side yard. LOT ANALYSIS WORSHEET Lot AreaAVidth; RR-IB Lot Area Lot Width Required 87.120 s f. (2 acre)200- Actual 10.».609s.f (2 40 acre) Setbacks: RR-IB Required I1 Existins Proposed Rear 50' 11 122'122’ North Side 30'21.6'109' South Side 30'67'67’ Lakesliore 150'400’ +No change Average Lakeshore The home and proposed addition are both located behind the average lakeshore setback. Structural Coverage: The property is o\ er 2 acres in area; therefore lire structural coverage limit docs not apply. Hardcover Calcidatjons: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 29.665 5 f.Osf (0%) 1.600t s.f (5 .4 %) 1,600* s.f. (5 4%) 75 - 250 37.041 s r 9,260 s.f. (25%) 600* s f• (1 6%) 600* s.f. (1.6%) 250-500 37.669 s.f.il.300.7sf (30%) 9.947 5 f (26%) 10,625 s f. (28%) 500-1000 234 s.f.81.9 s.f. (35%) 109 s f (46 %) I09sf. (46%) • After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance The existing home is set back 21.59* from the northern side lot line. The applicants are proposing an addition which would extend approximately 10* additional feet into the required 30* side setback. There is an adjacent home in line with the applicant*s on the south lot line and the home to the north is set much farth'r west. The proposed addition r etHtSfT HARDSHIP DOCUMENTATION FORM Page 1 of3 This form is a required submittal for ALL variance applications. An asplicat.on will rot be cons dered complete or p aced on any neet.rg agendas urt.l this form is complete and submitted to the City. Minnesota State Statue Section 394 27. Subdivson 7 requires that a nardsnip be demonstrated In order for a variance to be granted The hardship must be unique to tne property as variances run with the land and not tne land cwner. Perscral and eccncrvc situations are not considered valid hardships In order for an appl'caticn to be heard by the Planning Commission and City Ccuncii a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the bas.s City sta*f uses to dete-mme if a hardsh p crsts and how the variance wii! affect the surrounding community. To prove a hardship address a'i the relevant points l.sted below and answer them as clearly as pcssib'e o-n.;c you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City 'ece ves s what is useo i'' oeterr-m ng a denial or appreva! reccmnrendaticn. If you leave sorr.et^'.ng cut it wH rot be cons oe-ed Please address each of these hardship criteria as trey re’ate to the request (seme may rot appiy): 1. “The property in question cannot be put to a rea.sonabie use i used under conditions allov^ed by the official controls.’ AJf A 'The pi ght of the landowner is due to ci'cumstances unique to h.s prepe^y net c'eated by the landovmer.’ r*. . ^Ltv-c uL-tAU<.*v T>%-c r>v . ^H;l txt r. i tf. »*v.s ( r t .<uit t < t* L t:.\f 7^ t ' C ^t f V » *» C, •The variance, if granted, will rot alter the essent ai character cf the iceality ’ Ajl 4 /• < f Me f t C- L^£t r-t'UC.-Ar "Economic considerations alone shall not const tuto an undue hardship if reasonable use for the property exists unoer the tenr.s of the Zoning Chapter " /\J (A l4'f\ “ f • . ’t. r k ___ 8. Page 2 of3 'Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for so'ar energy systems. Vararces shall be granted for earth sheite'ed construction as defined ’•r Minnesota Statutes. SecVon 116J 06. Subd 2. v/hen in harmony with this Cha./.er.’ A'(A •The Board of Appeals and Adjustments or the Counc.i m.ay not permit as a vanance any use that is not permitted under this Chapter for property m the zone Where the affected person's land is located * y_p± •The Board or Council may permit as a varance the temoorary use of a cne-family dwel’ing as a hvo-fam ly dwei: ng * yV j A ‘The special cendit ors apply rg to the structure or land in quer . > are pecul'ar to such properly or immediately ad;o r.irg property.• T**-1- L< * > cc j ^ / i/ *■ c f 4 , r t» *• st-' i 7 V ■ f '■f I a t__ •The conditions dc ret apply generally to other land or structures in tne district in wh ch said land is located * A. : 10. 'The granting of t.*e appl.cation is necessary for the preservation and enjoyment of a subslart.ai property rght of tne applicant * -VL£fL •The granting of the proposed variance will not in any way impair health, safehy. comfort, mora's. or m any other respect be contrary to the intent of the Zoning Cede * aJ (, rr ir'T-.. ; •* r . ■i.. t] Page 3 of 3 12. The granting of such variance w;ii not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrat e hardship or difftculty ' Hardship Statement Shou'd you feel ne haroship cannot fully be desc.*ibed m the acove criteria, descnoe the unique hardship, practical di*f.cu'ty or un jsua' crcper.y conditions prevent.rg compi ance with Zoning Ordinance requirements m the following lines (attach add tionai sheets f necessary) #3031 J Page 3 of 3 12.•The granting of such variance will not merely serve as a conve.nience to the applicant, but is necessary to alleviate demonstrat e hardship or d;ff'culty * Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual proper.y conditions preventing compl.ance with Zoning Ordinance requirements m the following lines (attach add tional sheets f necessary) # OfH) O yi IfatiinoliMiMiriiiiTia gxfttBtrc. hardcq :^r calculation worksheet -SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House __________ 75-250'250-500'500-1000' Ler»Btn vw«n S F SF B Garage C. Dmreway SF SF D. Sidawafk- Tl'AlL •-1'U£)0t.SF SF E Patio/Deck SF SF. F. Landscape Underlain By Plastic .SF. .SF. SF. G. Retaining Walls H. Other .SF SF TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ARE* IN ZONE A B xlOO __ Jjii^'sF. SF A B ±j,: PROPOSED HARDCOVER IN ZONE A. House ___ Ungtn VActn SF .SF. B. Garage C Driveway D Sidewalk E Patio/Oeck SF SF K i .SF. SF v-o ‘ SF .SF.o F Landscape Underlain By Plastic .SF. .SF. .SF.e G. Retaining Walls HARDCOVER CA SETBACK ZONE; (CIRCLE ONE) 0-75' ION WORKSHEET 250-500* 600.1000* EXISTING HARDCOVER IN ZONE A Hojts ____________ B Garage C OrSreway D S.d«waii(r,,» E. Paso/Oeck F. Landscape Underlain By Plastic vwstn G Retai*^ing Walt H Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY A»c<' IN ZONE A _ _ _ _ _ _ PROPOSED HARDCOVER IN ZONE A House Ltfistn wal^ B Garage C Onveway O Sidewak E Pat'C/Oeck F. Landscape Underlain By Plastic G Retaining Walls H Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ____ ______ ♦ B SF .SF .SF .SF SF !sf .SF .SF .SF. .SF. .SF. .SF. Li/'- 100 __SF A ___SF B .SF. .SF. .SF. .SF. .SF. .SF SF .SF * . V * • I .SF. SF. .SF.• .V ‘ f.v- xlOO .SF A SF B ____.%i SETBACK ZONE: (CIRCLE ONE) EXISTING HARL COVER IN ZONE HARDCOVER CALCULATION 0.75* A House B Garaje C Driveway D Sidewalk E Patio/Deck F Landscape Urrderlan By Plastic G Retaining V;ais H Other 75.250' W0SK9ME ^so-soo*J 500.1000- U9^ T^. S^-V/fil- /V. 3 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 4 1W PROPOSED HARDCOVER IN ZONE A House ^ V. rr - B 3T66*ir B Garage C Driveway 0 Sidewalk E Patio/Oeck F Landscape Underlain By Plastic O. Retaining Walls H Other S'-5 -V. X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONEA iou i. c - B .SF S = S^S >2-5? 7^ f SF .SF SF .SF SF .SF SF .SF SF 100 _____SF :?-lL.fc6.*ir SF s F _4t3__SF . '•'V -4 gfg /SF .SF .SF .SF SF .SF SF SF SF t V/ .-ri I, i i» 100 K3T¥T SF. SF HARDCOVER CALCULATION WORKSHEET_______ SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250* 250-500* ^00-1000^ EXISTING HARDCOVER IN ZONE A. House Langst vywih B Garage C. Driveway 0. Sidewalk E PaVo/Deck F Landscape Underlain By Plastic G Retaining Walls H Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A I * B xlOO PROPOSED HARDCOVER IN ZONE A House ______________ X Lengffi wctn B Garage C Driveway D Sdewalk E Patio/Deck F. Landscape Underlain By Plastic G Retu<ning Walts H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPEPTY AREA IN ZONE A I pT SP SF ,SF SF SF ;sF ,S F SF SF SF SF SF SF 'I SF SF SF SF SF SF SF SF f‘l V SF. SF .SF. XlOO SF, SF iAPr-i^ jt.- - 9Kf*tb(T tt* M4J033 July 19.2004 Patc2o(4 Sec. 78-395. Area, heighl. lol width and yard requirements Lol Area (acres) j Lo: W idth (feet)Front Yard (feet)Side Yard (fee:)Side ^ .ird Adja;;e.*it to Street (feet) Rear Yard (feet) | 1 [loo 100 50 100 100 1 (Code 1984, § 10.27(5)) Sec. 78-72. Lots of record. 0) In R districts not served by public sanitary sewer A lot of record in any R district in the city not ser\cd by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the Planning Director finds that the following conditions are met: a. The lot area and lot width each meet at least 50'? b of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the follow ing: i. Setbacks ii. Hardcover iii. Lot coverage by structures iv. Accessory structure requirements. List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - PC Memo & Exhibits of Original Variance Approval (6-28-01 ) Exhibit D - Minutes of 7-16-01 PC Meeting & 7-23-01 Council Meeting Exhibit E - Resolution i<4883 Approving the I “ Renewal (2002) Exhibit F - Neighbor Complaint RE: 2002 Renewal Request Exhibit G - Resolution *<4675 Approving Original Variance (2001) Exhibit H - Aerial Photograph of Property and Wetlands Exhibit I - Photographs of Existing Detached Accessory Building Exhibit J - Property Owner’s List Exhibit K.-Plat Map Background The applicant applied for a variance in 2001 to permit an existing accessory building to remain on the lot during relocation of the existing residence, and to allowr the accessory building to be located closer to the road than the principal building. Those variances were approved with an expiration of July 23,2002. Prior to expiration of those variances L. •04.J03J Jufy 19. 2004 Par 3 of 4 in 2002 the ipplicant applied for and received approval to renew* those variances until October 28. 2003. This renewal is set to expire on October 28. 2004. The applicant is requesting a third extension to 2005. The applicant applied for a building permit in 1992 to allow construction of the existing detached accessor)* building. That permit was granted and has remained open for the past 12 years. This is the accessory building that the applicant is requesting variances for. The applicant has worked on this building on and off since 1992. The applicant still hasn't finished construction. All pre\*ious approvals supulalcd completion of this 1992 building permit prior to issuance of a permit to move the existing residence. Accessory Buikiinf Variances Renewal Staff finds that it would be detrimental to the neighborhood to allow this variance request to be renewed for a third time. Suff also questions whether the hardships found in 2001 meet the current goals of the Planning Commission and Council. The applicant has made little progress towards completion of the detached accessory building and has not indicated any time frame by which it would be completed. Staff docs not see any logic in tenewing variances granting legal rights to a building which hasn't finished construction .since its original building permit in 1992 Lot Area Variance Renewal In order for the applicant to relocate the e.xisting residence, a lot area variance must he granted. As of May 29, 2004 the City is able to administratively approve this variance based on compliance with specified conditions. This is a change from the originally approved resolution and the approved renewal resolutions. Staff does not object to approval of this variance administratively; however the following conditions must be met; • Wetland delineation must be conducted to ensure the proposed house pad and primary and alternate septic sites meet all setback requirements. • In accordance with Section 78-72. a covenant must be executed protecting the primary and alternate septic sites from future development • Compliance with all other setback and accessory structure requirements Should the applicant wish to go forth with relocation of the existing residence, the lot area variance could be administratively approved subject to the applicant meeting the above list of standards. Because of the newly implemented administrative approval ordinance staff would recommend that the original request, which included the lot area variance, be denied in its entirety noting that the applicant now has the administrative approval option. Neighbor Complaint Attached as E.xhibit F is a complaint from an adjacent neighbor regarding the condition of the site. This complaint was received in October of 2002, however not specifically addressed within the renew*al resolution. Staff feels this neighbor’s comments specifically address one concern the City has with renewal of this variance, i.e. the lack of accessory building completion. As a separate issue, staff w*ill follow up on the junk City of Orono Variance Application EXHIBIT A Sfreef Address. 2750 Kelley Parkway Orono. MN £5356 Mam 952-249^600 fax 952-249-4513 Mailing Address P O Box 66 Cf>5tal Bay. MN 55322-:065 - Apo >cation# ^0^3 Date Received Afrount Paid '^nr-i S*3ff. fe" enewa! S503^ ina ioe! ,2C3 Deuc e Fee Ths application form must be completed in hjli. App cant wriii be not f.ed within 15 days as to the status of tne application. Incomplete applications wiil not be placed on Planning Commission Agendas. PROPERTY INFORMATION: r *s » ,n j Site Address; Soo (*^YC\r\0>Jrd rOlYk- Property Identification Number (PIN); “SZ — II ^ '2 3 - 2 3^ OOP 3 (Attach legal description to application if not included on tne survey.) Date Property Acquired (month/year); lo/iRfefi□ Yes. I own the adjacent parcels. Present use of property: IH^esidential □ Other ____________________________ Zoning District. _____________________ APPLICANT INFORMATION: .(Comqiete legal n2“€s_ahd mantai status redjir^ for each interested pahy) Name; ~^cv»VAS ^AoiW\S Phone (home) L.-O V73 Address: goo QYg.Vva>rd Email: i^ynSrsOur^p?rawci53 vTaV\-e44< iXf. Phone (work): 6 -27!^^2~s< • roniA Fax; OWNER INFORMATION: (Complete legal names a-d rrahtai status required foreacn interested party) Name; ____________________ ______ Phone (home): Address: ____ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost $ Describe the request in detail (attach additional sheets if necessary): _________________ n 1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date m order for your application to be processed □□□□ □□ □□ Pre-Application Meetrg Form, completed by a City Planner Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners wthin 150’ of the subject property, labels and plat nap. List, labels and map may be obtained from Hennepin Counry Department of Finance. Government Center. A-603 3C0 South Street. Minneapolis, telephone 6‘'2-348-5913 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8 5' x ir or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11* or 11" X 17 ■ for reproduction. Sketches or plans officer and elevation views (provide one copy 8.5" x 11"or11"x 17"). Additional items may be requested by City Staff depending on the scope of the project * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide alt information required or requested by the Plann ng Depaiment. agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certif.es that the information supplied is true and correct to the best of his/her knov^ledge. The applicant recognizes that hc/she is solely responsible for submitting a complete application being aware that upon faituro to do so, tho staff has no alternative but to reject it until it is complete or to recommend the request for denial of tho request regardless of its potential merit. Applicant's Signature ’ Appl.cant’s Signature; Date Date: i/zt Ic OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this applicalon and further authorizes reasonable e.ntry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request _____________Date. Date Owner's Signature Owner's Signature: wbrn (olnld ’tL Applicant must have ail ^ubf^ittats into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normially held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangem.ents to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ir ■> * ^ •4 ‘f' •j C ^ -V City of Orono Pre-Application Meeting Form (This fern is to be coTp ’eted by a C ty P>anrer djr,r.g vol' cre-aponcat en reevrg Street Address 2"53 Ke'ley ParKway Ororo VN S5356 Van 952-249^603 Fax 952-249-4616 Mailing Address PO Box 66 Crystal Bay. MN 55323-0063 Meeting Date/T.me TjL PC Date _UlAlifZ^3 What is the purpose of a pre-application meeting? Pre-app'.icat on meetings aid the applicant in preparing a complete proposal, inform tnem cf the procedures and reouirements of the city code and ident.fy policies or regulations that create oppcrtur.ties or problems for the proposal PROPERTY INFORMATION: Site Address Property Identification Number (PIN); Zoning District: A______ Size of Property DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback C Rear Yard Setback 3 Front Yard Setback .□Hardcover □ Lot Coverage \>lotA.'ea DLotWiam ^ther: ^ ^ Applican*'s initia's-^ HARDSHIP: Applicant has received the Hardship Documentation Form., understands it as it has been explained to them, and is av.are that it rnust be completed and submitted in conjunction vuth the.r fc'ma! variance application OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. _____________ Date: /r^*/Applicant Signature: .uaC ^ I: V .vj.. V EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An appHcat cr v%>!l net be corsdered complete or oiaced on a-y meet ng agendas ur:l tn s form is connpiele and subm tted to the City. _____ Minnesota State Statue Sect on 39^.27. S.bd'vsicr 7 'equires tnat a hardsn p ce cemonstrated in orde'" for a vanance to be granted. The hardship must be un que to the property as variances run with the ’and and roflhe land cAner. Ferscral and eccr.cn c s iuatcns are no! cons>'dered valid hardships In erderfor an application to oe heard by t.ne Planning Commiss-cn and C-ty Ccjr.ol a ha'dsh.p having rrem must be demonstrated. HOW DO 1 PROVE A HARDSHIP? Tn.s form has 12 points outlining the basis C.ty staf* uses to detem.ne if a hardshp exists and how the variance w il affect the surrounding comrr.unity. To prove a ha* Jship, aedress ail the relevant pemts listed below and answer them as clearly as possible Since you are requesting the cede exception, you have the burden of proving that the variance is justified. Tne information the City receives is what is used *n dete'"-n no a denial or approval reconrrerdat'on If you leave someth ng cut it w 'I rot be corside-ed Please address each of these hardship criter.a as they relate to the request (serre may not app'y) 1. “The property in question cannot oe put to a reasc~ab'e use ' used under conditions a'lowed by the official centre’s.' "The plioht of the landowner is due to circumsta-ces unique tc his property not lin -yug w\vv\Cvi.Luv«A .ye/^U-LVie “The variance, if granted, will not alter tn» essert a: character of the Icca.ity - . (^ei\-Kr ’Hi-e tA“ OQyHPrm W toyjcs. Joud-win “Economic considerations alone shall not cersttute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.' ^P*ffrr------- Page 2 of 3 ‘Undue hardship also inctudes but Is not iinited to. inadequate access to direct sunlight for solar ene-gy systems Varances shall he granted for ea*th sheltered construction as defned in Vinnescta Statutes. SecVon 11SJ.05. Subd. 2, when in harmony with this Chapter.* "The Board of Appeals and Adiustments or the Council nay net perm t as a var.ance any use that is net pe'mitted under this Chapter for prooerty m the zone whe'e the affected person's land is located." 7. "The Board or Ccunal may permit as a vanance the temporary use of a cne*fami!y dwelling as a two-famiy dwelling ' “The special conditions applying to the structure or land in que^t on are peculiar to such property or immediately adjoining property " "The conditions do not apply generally to othar land or structures in tne district .n which said land is located ' 10 "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of tne applicant.’ 11 "The granting of the proposed variance will n; in any way im.pair health, safety, comfort, morals, or in any other respect be contrary to tne intent of the Zoniro Code- L Pages of3 12 “The granting o? such variance w;il not me»’e'y serve as a convenience to the applicant. Gut is necessary to alleviate derrorstrao e hardsn p or d fficuityn Hardship Statement Should you feel the hardship cannot fully be desc'ited :n the above cntena descnbe t‘*e unique hardship, practica difficulty or unusual propehy cord't o*is prevent-ng corr.p.iance With Zoning Ordinance requirements in the following lines (attach ado t onal sheets if necessary) #3033 r •EXHIBIT C Application Date: 60 Day Deadline: 6/20/01 8/19/01 TO: Chair Hawn and Oror.o Planning Ccrr.r.issicn N^embcrs . Ron Moorse, City Administrator FROM: Paul Weinberger. Zoning Administrator Planner DATE: June 28. 2001 SUBJECT; «01-2695 Thomas Adams 500 Orchard Park Road V'ariances - Public Hearing Zoning District; Lot Area: List of Exhibits RR-IA One Family Rural Residential District (5 acre) 4 8 Acres A Application/Hardship Statement B Plat Map C Surxey - Existing Site D Surxey * Proposed Site Plan E Wetland Overlay Map F Property Owners Notification List Application Suromai-y Applicant has applied to the City of Oror.o for variances that would permit relocation of the existing house to the center of the propers Currently, the house is located at the far southwestern comer of the property. Removal of the house front its existing location* requires a variance because the lot is less than 5 acres in the RR-1A disTict. Actual lot size :s 4 8 acres. Excluding the areas designated as wetland the lot has a defined lot a.'ca cf approximately 4 o acres dry buildable. An accessory building is located behind the house, i. . u relocated the building would be closer to the front property line than the principal residence. The Zoning Ordinance prohibits accessory buildings from being located closer to the front properly line than the principal building A variance would be required to permit the existing accessory building to remain on the property s ■bsequent to relocation of the house. Pertinent Code Sections 1. Section 10.27 - Standards for the RR-1 A Zomr.g Dis*.rict 2 Section 10 03, Subdivision 9 (O) • Location of Accessory Structures ■Ot-2695 Thomu ACims >00 Ofcliard Park Road Variancar*t*ur} Discussion The applicant propert>' is one of rr.any lo*^ uiA a lot area just under 5 acres along Orchard Park Read Exhibit B is the plat map of properties surrounding the s;tc. The lots east of Orchard Park Road are dereloped residentially. Relocating the house on this property’ "ill r.ot chance the use or character of the proper.)’. The existing house is located o.nly 20 ’ from the side lot line Ind -il* &om the front property line. No variance for the new house location is required In 1992 the City of Orono issued a permit for construction of a garage. The garage is the accessory building that would remain on the property following relocation of the house. The building is ftmctional but has not been completed The Plarjiing Commission should discuss the comple ’ion of the building and detennine what condition the building should be in prior to removal and relocation of the principal building, or if the building sh uld be removed [What about future of other aec. bidgs?[ ■' Required Setbacks Front 100 ’ Side 50' Rear 100' Prorosed Setbacks Front 550* Side 126 ’ Rear 230 ’ • Existmg shed is 167 ’ from the front property line. A variance is required to permit the buildinc to remain Applicant's statement of hardship The applicant’s hardship statement is included as part of Exhibit A. Applicant should also be asked for bis testimony regarding the variance requests. Options for Planning Commission Actioq 1 . Recommend approval of variance to permit the lot to be considered a RECORD LOT. 2.Recommend approval of the variance to permit the accesso.-y building to remain on the property located closer to the front property line than the location of the principal building. *0l-269i Thcevas Adl/rs SOO Orchattf Pvk Rsid N Pn*2ef3 i EXHIBIT D MINUTES OF THE ORONO PLANNING COMNDSSION MEETING _____ Monday, July 16,2001 (i»3) »01-2695 TH03LAS ADAMS, 500 ORCHARD PARK ROAD, VARIANCES, 7:47 p.m. - 7:51 p.m. •• Thomas Ada.-ns, ihc Applicant, was present The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated that the Applicant has applied for variances that would permit the relocation cf the existing house to the center of the property. Tne current house is in a location that is non conforming. The variance is required because when the house is relocated, it becomes new construction. The lot is non-conforming and less than the 5-acre minimum lot size. The lot is approximately 4.8 acres and consistent with other lots along Orcha.'d Park Road The Council recer.tly approved a variance for a lot to the south and east to be considered a buildable let at 4.7 acres. Septic testing designed for a 5-bedroom home has been approved by the Cirv's On-S.te Septic Manager. Weinberger indicated the main issue with the application is the location of ^\o accessory buildings on the site. A garage with a building permit issued in 1992 is nearing completion, and a smaller shed is located on the property . The Applicant has requested that the garage remain on the site but the shed would be removed prior to application for the building permit to move the house. Staff recommends approval of the variance that would allow the lot to be considered a record lot. and recommends that the garage (located 167' from the front property line) be allowed to remain in the present location but must be cc.mpleted with a final inspection artd approval prior to issuing a.n> additional building and moving permits. There were no co.Timents from the Applicant or the public Kawn confirmed w ith the Applicant that he was comfortable with the request to have the garace completed prior to any further permits being issued and the small shed being removed. The Applicant agreed. Smith suggested to the Applicant that this was also an opportunity to clean up the lot. Haw n moved, Stoddard seconded, to recommend approval cf Application ^01-2695, Thomas Adams, 500 Orchard Park Road, granting approval of a variance to permit the lot to be considered a record lot; and a variance to permit the existing garage to remain closer to the front property line than the principal residence, contingent on completion of the garage with a final inspection and removal of the small shed. Ayes 7, Nays 0. >2SH.AR0N GEHL, 1825 CONCORDIA STREET, VARIANCES, Larry Gehl, the Applicant, and Gary Hansen, the builderTwerTi (#4) #?01-269 7:52 p.m. - 8:09 p.m PAGES i MINUTES OF THE ORONO CITY COUNCIL MEETING Mooday, July 23.2001 •(*7) <<01.2694 Ba WMXTOISTLW CHURCH. 2477 SHADWOOD ROAD - CO.NDITIONAL USE PER>nT=T«ESQLVTION NO. 4674 Flint moved, Sansevere eeconded, to approve and adopt RESOLHION NO. 4674, a Resolution Granting a Conditional Use Permit to permit a church use on the propeTir^ocaltd at 2477 Sbad}*tvood Road, B*4 Zoning District. VOTE: Ayes 5, Nays 0. •(#8) #01-2695 THOMAS FREDERICK ADAMS, 500 ORCHARD PARK ROAD - VARIANCES - RESOLUTION NO. 4675 Flint noted he requested this item be removed from the Consent Agenda because there is no recommendation of the Staff or Plarjiir.g Com.missicr. contained within the repo.t. Weinberger indicated Staff is in favor of the variances. Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4675, a Resolution granting variances to permit an accessory building to remain on the property following removal of the principal building and tc permit the building to be located 167* from the front property line, and to permit new construction on a lot containing 4.0 acres exclusive of w etlands in the RR-1A district svherc 5.0 acres is required for the property located at 500 Orchard Park Road. VOTE; Ayes 5, Nay s 0. <(#9) 2845 LITTLE ORCHARD RO.AD - LAKESHORE RENTGETATION PLAN Flint mqvcd, Sansevere seconded, to approve the lakeshore understory vegetation restoration plan as presente<|^y John Fleischhaker for the property located at 2845 Little Orchard Road, subject to the condiubits contained in the Staff report. VOTE: Ay es 5, Nays 0. (Richard Flint leaves at 8:00 p.m.) ^UYOR'COUNCIL REPORT *(fclC) PROCLAMATION - NATIONx^LNlGHT OLT - RESOLUTION NO. 4676 Flint moved, Sansevere seconded, to approve amSqdopt RESOLUTION NO. 4676, a Resolution Proclaiming National Night Out 2001. VOTE: Ay ehi^Nays 0. Mayor Peterson requested the local news reporters include an ahiqle in their newspapers promoting National Night Out. Peterson encouraged the residents of Orono ari34,ong Lake to artend National Night Out being held at Super Valu in Navarre and a: Nelson Beach onFuJ^sday, August 7* from 6:00 p.m. to 9;00 p.m. Mayor Peterson noted the official opening of the senior center in Mound is scheduT^Si^pr Tuesdav, July 24*. PAGE 7 EXHIBIT E ClTYof ORONO RESOLUTION OF THE CITY COUNCI L NO. 0 ? 5 A RESOLUTION GR.ANTING V.ARI a NCES TO MUMCIP.XL ZONING CODE SECTION 10.03, SUBDIVISION 9 {A) AND (D): AND SECTION 10.27, SUBDIVISION 5 (B) FILE NO.02-2835 WHERE.AS, T.ho.Tias Frederick .Adar-.s and Janette Lee Weaver, husba.nd and w ;fe, (hereinafter "the applicants") arc the owners of the propen>- located at 500 Orchard Park Road wuhin the City of Orono (hereinafter "the City ) a.nd legally descr.bed as fellows Lot U, Orchard Park. Hennepin County. Minnesota (hereinafter ‘the prcpe.’Ty^). and WHEREAS, the applicants have applied to the City for a variance to .Municipal Zoning Code Section 10 03. Subdivision 9 (A) a.nd (D) to permit an accessory building to remain on the propertv following removal of the principal building and to permit the building to be located 167* from the front property line, closer to the front property line than the pnncipal building, and Section 10 27. Subdivision 5 (B) to permit new construction on a lot contaming J 0 acres* exclusive of wetlands m the RR*1 A distnct where 5.0 acres is required WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plaruung Ccmmission held a public hea.nng on October 21. 20C2. at which time all persons desir.ag to be heard concerning this application were given the opportunity to speak iherecn. NOW, THEREFORE, BE IT RESOLVED by nhe City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File fe02-2S35 2 The property is located in the RR-1A Zoning Distnct. where 5 acre is the minimum required lot area. 3. The Orono Planning Commission reviewed this application on October 21.2002 and recommended approval of the proposed variance based upon the follow bg fmdings: Page 1 of5 CITYof OROXO RESOLUTION OF THE city COUNCIL NO ^ ^ 3 The existing lo: area is -i.O acres excluding wetlands, d S acres including u etlar.ds The applicants’ propenx- is one cf many lots with a lot area just under 5 acres along Orchard Par's. Road The lots east of Orchard Park Road are developed residential’v Relocating the hc-se on this property will not change the use or character of the prcpcrty The existing hcase is located only 20' from the side lo: line and 41 ’ from the front prcpcrr. hre. B. No setback vanances for the nc'v house location are required Ln 1992 the City of Orono issued a permit for ccnstruci.cn cf a carare The garage is the accessory build.ng that would rema n on the p'rcperry following relocation of the house The buil.^ing is functional b-t ha^ no: been completed The City Council finds that the ccnditicrs existing on this propeny arc peculiar to it and do not apply generally to other property in this zoning distnct, that granhag the variance w ill not ad\ ersely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring prcpcrty. would not merely se.-x e as a convergence to the applicants, but is necessary to allexiate a demonstrabie hardshup cr diff.culty; is necessary to preserve a substantial proper.y right of the applicants, and would be in keeping w uh the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The Cily Council has considered this application including the findings and recommendations of the Planning Corrunisston. reports by City Staff, ccnmionts by the applicants and the effect of the proposed vanor.ces on the health, safety and welfare of the ccmonunity CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hcrebx cranls a variance to Municipal Zoning Code Section 10.03. Subdivision 9 (A)’and (D) to pemit an accessory building to remain on the property following removal of the pnncipal building and to permit the building to be located 167 ’ from the front property line, closer to the &ont property line than the pnncipal building, and Section 10.27, Subdivision 5 *(B) to permit new- const.nuction on a let containing 4.0 acres exclusive of wetlands in the RR-IA district, where lot area of 5 0 acres is required. Approval is subject to the following conditions: Page 2 of 5 L j L l CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. i: » STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of October, 2092 by Barbara A. Peterson. Mayor of the City of Orono, a Minnesota municioal corporation and said instrument was executed on behalf of the Citv ‘ rac^ilocoge ; Notar>' Public STATE OF MINNESOTA COUNTY OF HENNEPIN », The foregoing instrument was acknowledged before n;e on this 3' day of October, 200^ by Linda S Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w as executed on behalf of the City. ■•yr-caDOD-r-E • / T -.‘.Y rjELC • UNM *0TA :r;C(C.«nSMr.Ej«»MJV n.JXS * ____ .,sr?LB«>»»BP ’rP^ra?s:r" /V /. ♦' A • Notary Public '4^ Page 4 of 5 00 00 CERTIFICATE OF SURVEY FOR TOM adaMs OF LOT 11. ORCHARD PARK HENNEPIN COUNTY, MINNESOTA •••• m til 17 ORCHARD PAfK S a9VS’0r c 63150 Q < O q: / ' ^ q: < CL fel «... U>tn - -/ **^ / \ \ C «*v** N/ o q:<Xo Ko 6G m ?S^7^X ^ W?‘n?r fc>^A'.ifcli • ♦• ,• EXHIBIT G CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO ____<. fr ^ A RESOLUTION GR.\NTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND (D); AND SECTION 10.27, SUBDIVISION 5 (B) FILE NO. ftOl.2695 WHEREAS, Thomas Frederick .Adams ^ Janet Wea\er. (hcremaf.er "the apphcanl") is owner of the property located at 500 Orchard Park Ro.td witiirn the City of 0:w';;o (hereinafter "the Cil>") and is legally described as fcllov^s Lot 11. Orchard Park. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance \Nitli Minnesota Statutes and the City of Ororo Zoning and Planning Codes, the Orono Plannir.s Commission held a public hearing on July 16. 2001. at \shich times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for saruances to Municipal Zoning Code Section 10.03. Subdivision 9 (A) and (D) to permit an acces.'^ory building to remain on the property following removal of the principal building and to pennit the building to be located 167' from the front propeny line, closer to the front p.openy line than the principal building, and Section 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4 0 acres exclusive of wetlands in the RR-l.A district where 5.0 acres is required. Minnesota: 1. 2, NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono. FINDINGS Tliis application was reviewed as Zoning File «01-2695. The property is located in the 1<JI-1A (5 acre) One Fa.mily Rural Residential Zoning District. Metro Lcg-ol Services Inr. Box 431 Page 1 of 3 r m -------—i; CITY off ORONO RESOLUTION OF THE CITY COUNCIL NO ______4> d ^ 3. Tlie Orono Plarjiing Commission reviewed this application on July 16. 2001 and recommended approval on a \ote of 7 to 0 for \ariances based upon il:c following findings and hardships: A. Tie existing lot area is 4.0 acres excluding wetlands, 4 S acres including wetlands. The applicants property is one of many lots with a lot area just under 5 acres along Orchard Park Road. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or character of the property. The existing house is located only 20' from the side lot line and 41' from the front pioperty line. 3. No setback variances for the new’ house location arc required C. In 1992 the City of Orono issued a pennit for construction of a garage The garage is the accessory building that would remain on tlic property following relocation of the house. The building is functional but has not been completed. 4. rite City Council finds that the conditions existing on this propeny are peculiar to it and do not apply generally to other property in this zoning district: that granting tnc variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserxe a substantial property right of the applicant, and would be in keeping with the spirit and intent of the Zoning Cc and Comprehensive Plan of the City 5. Tltc City Council ha? co.-sidered this application including me findings and recommendations oi the Plaamng Commission, reports by City staff, comments by the applicant ani the effect of the proposed variance on 'he health, safety and welfare of the community. Page 2 of 5 CITY of OROJJO m Wes «o« RESOLUTION OF THE CITY COUNCIL NO _____<« 5 ? & CONCLUSIONS. ORDER AND CONDITIONS Based upon one or more of the above findings, the Oreno Ciiv Council hercbv grams variances to Municipal Zoning Code Section 10.03. Subdivision 9 (A) and (D! to pcnntl an accessor)’ building to remain on the property following removal of the principal building and to permit the building to be located 167 from the front property line, closer to the fren: property line than the principal building, and Section 10.27. Subdivision 5 (B> to permit new conslnicticn on a lot containing 4 0 acres exclusive of wetlands in the RR-IA dis’rict. where lot area of 5.0 acres is required, subject to the following conditions- The accessor)- building shall be ccmpletcd and a final inspection approved prior to issuing any permits to permit the house to be moved and or remodeled 2. 3. All accessory buildings (except the g.aragc for which the variance is approved) shall be removed prior to issuance of any permits for reloc.ation of the house Authorities granted by this variance run w t!i the property rot vvith the applicant, but are permissive cnly and must be exercised by application for a b-uilding permit within one year of the date of Council approval, or this vanance will expire on that date (July 23, 2002). Violation of or non-compliance with any of tlte terms and conditions of this variance shall constitute a violation of the zoning code, shall autcinatically tcmunaic any authority granted herein, and shall be pun.sluble as a misdemeanor. 5.Tlte undersigned applicant has read, understand and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution m the Cham of Title of the property. Page 3 of 5 L. o w 1' ''CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO 4e?s . -j; Adopted by the City Council of the City of Orono. Minnesota a: a regular iT^ecting, held on the 23rd day of July. 2001. '•■ ■ Vl' i />c-_________ * . vLinda S’. Vee. City Cleric Barbara A Peierson. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss C0174TY OF HENNEPIN ) / The foregoing instalment was acVnowlcdgcd before me on this 23rd day of July. 2001 by Barbara A. Peterson and Linda S. Vee. Mayor and City Clerk of the City of Oro.no. a Minnesota municipal corporation und said instrument was executed on behalf of the City. . RACHELDOOGE V -V •; 7 notary PLiuc .ULN-vEro^x t^Ccwwwio wEipmjri .u / 'TOT--'------Notary Public STATE OF MINTs'ESOTA ) ) ss. COL-NTY OF HEN-NEPIN ) On this /*2 day of 20C> before me a Notary Public within and for said county, personally appeared C .,n <. known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that hc(ihe>) executed the same as his (their) tree act and deed ^ V'Vc.ic /,./ Notary Public Pace ^ of 5 ::\.3EM.LESK)f€N N0T4W PUKC • yMCaOTA MyCiwMi Mfcetwjwtsi aoes o n tm y,CITY off ORONO .0^RESOLUTION OF THE CITY COUNCIL NO 4i $ ? ^ STATE OF MINNESOTA ) COlfNTY OF HENNEPIN ) ) ss On this day of said county, personally appeared "/..: ___. 20c'> t before me a Notary Pubhe within and for •^f<L ____L (i‘ . . t- known to :ne to be the person(s) described in and who executed the foregoing mstrumer.:. and acknowledged that he(they) executed the same as his (their) free act and deed. ■''q; ■■ --------------- Notary Public - . M LESKJNEN KOTAKY Puac • MNNESOTA l.iy Ca»Msien tjom in 31.300S Page 5 of 5 A M04.3036 July 19.3004 PattJgf J Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis_________________________________________________ /« contidering appUcatiom for variance, the Planning Cotnniiuion %hall camidcr the effect of the propoted variance upon the health, safety and welfare of the connnunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances uniifue to the individual property under consideration, and shall recommend approsal only when It is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds there is a hardship to warrant variance approval. Tlie lot is extremely nanow but substantially deep. If the 50* setbacks were strictly obeyed. 10* of width would be allowed for a building, which is not reasonable as the applicants would be forced to construct a long and narrow residence (sec Exhibit 1). However, staff does not believe there is a valid hardship to warrant approval of the requested variance to encroach an additional 4* on the already non-conforming 14.4* side yard setback. Tlte applicant has the ability to construct an attached 2-stall garage in front of the home meeting the c.xisiing side yard sct'ojck of the house. Tliereforc. the extent of variance approval to the 50* side setback requirement would l>c the existing side setbacks of the house This would not increase the existing non-conforining st.itiis of the lot Issues for Consideration 1. Does tlic desire to not block an existing window create a valid hardship to allow an additional 4* encroaclunent? 2. Arc there any other issues or concerns with this application*’ Staff Recommendation Denial of the requested variance. Staff would support approval of a side vard setback variance where the existing setback would be maintained. EXHIBIT A City of Orono Variance Application i: tj S^os.* Aiid'ess 2750 Kei;ey PafKiA^ay O'ono VN 55356 f/3.-' 952-2<S9*46CC ‘ax 952-2^3^6^6 Va mg A:iiress PO Sex 66 Crystai Bay K^N 55323-CD66 Aee rM'^eSCr. Date H A-'e,''t -a s i^-cc.' ^ “t: Tea SoOT PercAa S30C A‘re'-t*^e-*act IZd D:..t: e ~ee T".s aps caton fo"r. ~ijst ce esme e;e:i ‘-M Aeppra*-: vv ; pe '•e ’.'cd v.- *5 says as ?c tf-e states c' re acp icat sr Incomplotc applications will not bo placed on Planning Commission Agendas. PROPERTY INFORMATION: rs A S te Address 'i. _______ Propedy Identification Nunter (PIN) not induce(Attach !egai desenot on to app icat'on if not Date Property Acquired (month/year) Present use of propeny; fl'Residentia; Zoning District P - '/•__________ uded on the survey ) _ □ Yes, 1 own the adjacent parcels □ Other APPLICANT INFORMATION: iCcrc ete legat ns-res ana rrav.at stat-s ^equi'M ‘:f easn 'tc'estes ca*tyl Name [XicAuir C Phone (horr e) 93'-Cy Phono (work) ^rt> ' ____ Address ^ Ai,’irC S ^/C_____________ Email j3i^^4u:>lvabcX3:3>J^CC2{\r_________>-» 3V_-6_______________ fc^»' Cfd-tturA-i'j (rccrn5> OWNER INFORMATION; tCompiete legaT^ares ana mar ta status requ rc3 *o' cash nte'esied ra'ty) Name Er:^c I\*> (^) Phone (norre) ___ _ M6ress 37Ss Email Q Ml Z -CC' Jj -y Pnone (work) X 77^^ DESCRIPTION OF REQUEST: Estimated P'cect Cost S Describe the request *n detail (attach additional sheets if recessa^) -Q-JM-C-LdE.LS ------—SLkU^-^JlhjK JT3_^ Cfri!^ prrt>.»:'Vj. 1 V ^ pxi'c. /t? •/' . . Li 1- lA O a^iVrl « 0 ^/N. r« V4*> F*C? «> a'tJ^ +-V-4f“K n i-Ci i^PAJiiyy ri J.*^yn ., *f?036 I REQUIRED SUBMITTALS: All of t^.e following information must be submitted by the aop cation dead.me date m order for yojr application to be processed Pre-Application Meet:ng Form, completed by a City Planner a-' Completed Application ^o^m B- Corrpleted Hardship Documentation Forr^ ^ Cert fed Property Owners List - owners w thin 150 of the suOject orope-ty. abe's and plat map List, labels and map may be obtained from Hennepin County Department of Finance. y Government Center, A-603 300 South 5’^ Street, Minneapolis, telephone 612-3 48-5910 {T Orig na' Certificate o* Survey (signed by a fcensed surveyor) meet ri^ai! the requirements listed within this packet including hardcover calculations A so p'ov de o^e copy 8 5 x 11 cr 11 X 17 for reproduction Comp eted hardcover calculation worksheets (as provided within the variance packet) Topographic survey - including existing and proposed elevations Provide one copy 8 5x11 or 11 X 17 for reproduction O Sketches or plans of fcor and elevation views (p'cvide one copy 85 x11 or 11 xl7) □ Add.tional items m.ay be requested by C.ty Staff depend ng on the scope of the p'Cject * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide ail information requ red or requested by the Plann.ng Department, agrees to pay add tiona' fees (staff time not covered m the original fee payment) and/o'’ consu tant expenses incurred m review of this application and certifes that the information suco ied is true and correct to the best of his/her knowledge The applicant recognizes that he/sho is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant s Signature ________________ Applicant s Signature_________________________________ Date ^ Date "f OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this apolicaticn and further authorizes reasonable entry onto tne property by City Staff consultants agents Commission & Council Members fer purposes of investigation and verification of this request Owner s Signature Owner s Signature “7^ ?i3/sut Date Date:u,sL.c Applicant must havet^U'submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the thi'd Monday of each month Applicants must be present at ail scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 5 o k /o H fe‘ i City of Orono Pre-Application Meeting Form (Th.s fern s tc fee cc'^'o'etoa by a C‘ty o 3u''''5 ce arr' -----> Street Address Va'ing Address Usf Qj: j. 2750 Ke :ey Pa'kv.ay PC Bo* 66 CtyPa ’i’ie* Ororo, VN £5355 Crysta Hay VN 55323-C:35 Meet'og DateT -re •V'/.'i' Man 952*249.4:60: Fa* 952*24946:6 PC Care What is the purpose of a pre-application meeting? P'e-application meetings aid ttie appl cant m prepanrg a como’ctc c'occsi’ n^o^ procedures and requirements of tne city code, and identi^ policies c' reg- at ons tF-«t c*««Si opcodunities or problems for the proposal PROPERTY INFORMATION: Site Address ^-7 ? S Property Identification Number (PIN) ........ Zon ng District' ___ Size of Propeity r /s''\ ' ' '_____________ DESCRIPTION OF REQUEST: {e/6r Ey □ Average Setback ^SicJe Ya'd Setback u Rear Yard Setback □ Hardcover □ Let Cove'age □ Lot Area Z tot AW □ Other ±k- -Tj </ I /i r Applicant Sfy^,^ HARDSHIP: Applicant has received the Hardsh p Doc-r^'ta ’or* » > ’ India's Lj \ r understands it as it has been explained to them and ■% ai^a • be completed and submitted m conjuncticn with the r fo*ma vtfwot application OTHER INFORMATION: ‘Please note: Your variance application w'* NOT be accepted w.thout a pre-acc -cet-cr meeting during which this form w.Il bacoKpIeted^);^ City staff Applicant Signature this form w.Il bacoccpleted^by (. jg-Date; u r \ o ATt --- EXHIBIT B Page 1 cf3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An app cat on " ret oe consoe''ed como ete c' c acea o- any r-.eetirg egarclas jrt>l ih.s 'o'm <s complete ard s-t-nrea tc t"e C<ty V n-esota State Statue Section 394 27, SuDO'viSion 7 requires fat a harcshio be derenstrated >n order fer a var ance to oe gra^tes T^e na'dsh o '^•ust ee jr cue to the prooety as var ances run witn the land and ret tne 'ard c.vner Personal and coonom c s/fuaf;ons a^e not cers dered vahd harass ps in erder tor an apciioat on to be hea'd by :~e Planning Comrr.issor and City Courcl a ‘^a'dsh.p havng rrert mjst be demonstrated HOW DO I PROVE A HARDSHIP? This fc'm has 12 ponis outlm ng the bas s City staff uses to determ re't a hardsh n exists ana now the variance w i' a'fect tne sjrrcjrdmg ccmmunity To p'ove a ^a'ds' p add-ess a'l t-c re evant oomts I stea be'ow and answe' them as c ea- y as coss.b'e Since yc.j are requesting the code exception you have tho burden of proving that the variance is justified. The information the C'ty reoe ves is v.nat is i.sea m aetorminng a denia- or approval r-ecorrmendat C" if you eave something out t! will net be considered Fiease add-ess each of these Hardship criteria as they relate to the -ecjest iscme n ay not apply) 1 'The property .n Question cannot be put to a reascrabie use if used uncer cond't'ors allowed by the official controls ‘ The Property is a rpsideneg ^ The house has a single garage and with the existing zoning a double car gacagg anywnere or ih lot requires a variat 1 on ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 *The pigr't of tne landowner is due tc c rcumstances ur que to n s crooe-ty not created oy t^e landowre- ' "The variance, if granted wil: not alter the essential character the loca ity ' The variance will only enhar'ce the property. The design i s .tg..jinor.nvfi-the-locks of-the front of the ..hause—ar.d increase the ability tn store vehirlps instp;^rl nf niif-sirip ‘Eccnonic consioerator's alcne shall not ccnstitjte an undue harash.p if reasonable use for the property exists under the terms of the Zoning Chapte-' The current plan Is the wore expensive option. There is not .a_eccooir.ic hardship-.- - - - - - - - - - - - - - - - - - - - - - ji iT^ 'rs. Page 2 of 3 “Undue ha'-dship a'so rcludes. but is ret limited to, inadeouate access to c 'ec: sunlight fer so<ar energy Systems Variances shall be granted fb' eartn sheitc'ed :o'’St'’uction as det ned m V -resota Statutes. Sect s*' 116J Co Subd 2. \vhan tn harmeny with this Charter ’ Not Applicable ____________________________________________ "The Bca'd of Aoceas and Adjustme-.ts or the Co'i''cil may not perrr t as a vana-ice any use tnat is rot permitted unde*- th s Criapte* for property m the zone whe'o the affected person s land s located Ire Variance is for a attached Couble garage. Attachec areTUowed^n the zortrg. garages “0 11. “The Beard or Council may permit as a va'iance tre tcmcora'y use o* ono farmly dwell ng as a two-fam.iy Owcilirg “The special conditio'S acoiying to me structure or ia"d n question are pecular to such property or immeoiateiy adjom ng orope'ty “ _The setback of 50*0” is a code for the caticular area of Croro. There are a few lots that are 113' wlde. h(:ason for the ■ he z"o n i r g only allows 13*0 of building areFI TKIT"2“onTng ls“c5uS i rtQ I varir.ee “The cond t ors do rot ape y gene*a y to otner land or st'uctures m the c st' ct in which said land is located ‘ Kn. Ptrppt for a few lots in the area.tne rest of the city has less restrictive setback and the attached garage wouTd net oe a varince in the rest of ~the zoned areas._ _ _ _ _ _ _ The grant ng of tre appucat cn is necessary for the preservation and enjoyment cf a subslart a! property right of the appi ca-'t ' _A fin.ihip rar car is necessary . Most cities do not even allow anything less than a double car garage to be built.~~ ‘The granting o‘ the proposed var arce will not m any way impair health, safety, com'ort metals, or in any other respect be contrary to the intent cf the Zoning Code*Thrcr are not any health or safety issues. O-J. ;f‘V i i" Tiai/ Page 3 of? ■The granting of such variance w.ii *“3t -rere y serve as a cc“ver e*'ce to the apoiicant. Ojt is necessary to ai'eviate derr.onsfacie ha-osh p or dif' cu’ty ' alternative to the attached garage is a detached garage in the rear yard. The oetached woulo also reouire a vartnee ard add't 3000 to 4000 hardcover asphalt driveway to access the detaced. The side setback code is claerly a hardship on this procerty. Hardship Statement Shojtd you feel the hardship cannot fully be Described m the above enter a desenbe the unioue hardsh-p, practical d fficjlty or unus-al property ccncit cns orever.tmg comp.iance With Zoning Ordnance reou remerts n the 'o’.ow-g res (attacn adO.t oha s-eets \* necessary) r EXHIBIT C C*'t •of ,r>*i * 3•r^•l :f t-1* $n. a' ft S*.\ a* S«:t a' f .j. tiau ipl N \ =5 I'^'Vh % •f 1 il {»«; Ii* I *t'»s* {»ni^r V»: t*ii u i *.'wt «'S csftct ef I a' t^t til-31 in e* >it 8ft e' f# uii-tf cf t"t Sau'.i^tt 3i.» *.f e' Stf. ^ Ji. M8 tf.t ?3 t:: ;f ft 5f ?ffcirii i« ctilc-i t -.t Sjwtvm ic-i* e' i*;e e* ft 5a.: -*t\ :-f:t'. t-#-:t t.a-? :^t fa:: i;*« >• : iic-.^-tit c.i :t t' f t 5;.f-ti; t-f-.t- * a.i- tfit c? I »?.SJ 'If. •.; tt :t-:t'l;'t w' •iU'-to-- !:*a (*;•. •*' f ic.'-'i »Sli if ft tt 1» lift WU tt'tt'* ii-it il '•i’i ir.r 's.a I atf.ftf i-' ’•? ! 'if . i-« i* t;.i' 113 '.t £ir. i*t o' «»ia 5:if-tt: ;ui>;»'- e' '.i# !>.tr-t;t Tif'.*.- I Siltfit C' tZ43.»J »M'. »ft C' JttI t9 :'it 5ouf U-t sf Mi! 5t:t::i J2. tf-f-* ti«t il:-} tvt Sci.li ■ ft i' ji;a kf.if I :f .« ’ 'm ti- tt ?:i*i ;* f-a :t ;a:iti3' c' t- t .ii '{ cut ft-te- tt c.t» *et c.-pcrt t: \~a- fj eft- i».'C.tt*ti i- t-t-ott-- tit I c:»r I cscHUii. i-: t'iftf-t. itv ; t>3M. t>S u‘t. •ntialt Cl'.t S:».t I* . i:^ 9 Jro*’ **'»«(• < Jl I i:\itimi I iM-'-rr..: 1:^-: - r.*: .... - .. '■» j*-. »•/•. t:fJ> . pS^’^S- ♦: • *. '•) O'••^ O •| » Mill IIIVA I MM i ! .; , -- j ' ! . • iMKiiii^ :y:;-^ '■-" i ■ !"■■ ■'•" • I - - . . • M t|: r 11 \ A . M IS — .- r'NT V-. 4“\' •* V«- ■ • ^- “ %*»*•* •'. <;••■•■(- .» ■ f- ..''nl '.V-.-. ' •.'.1''-'N. li'j'Mioninnrirntf^ •■ l^i ]T Ijf ; | SwjilaKJwM . »iiii'E)ii!;:i «i!mwwi;Wf* ' «.«:flO'f''K'lkj'J 1 ‘ .. .- i - - . Is \*m!<V-i?i :s |!l§ fiV'’IH'^ ‘s-'s 2 I ^ ! -i;! o ^ i < MI « I 5 '' uj » _ •* < J!'5 o l“o ♦ ^ *5« s=ii irnsi HI \ Ai;oN PROIM-RTY OIDlJRAMlL I ASSnaA II S NOfoiMi s Ai I fnvin i:\iiim i c; PROPERTY OF DURABILT ASSOCIATFS Njnrnpips Aiinwp.n i UU 8|SM I H S2S! "S|-* S CU oi?2iasij 2 ?>;; S t < «< Io V <X. ^ « U y.•ii FXIIIIUT II 1 iL« \%.W| ^ INCK 11• iir.ittr «t>n iiiiniONr Ui^tTf »tfiunvitMIAO RIJN HATE </2VMM • n Miimaiooo* IfADOR 31 ADWIKSWNASSIOMEO nername state of MMN {PAYER RMI. ESTATE MOMT KE/AOt)R ATTNOIDinFCiimTIN 500I>FAVETIERD ST PAUL MN 53133 31 0511731230010 IPAOOR 53 LANDMARK OR NERNAME DSPERKINS*PM PEJUONS {PAYER DANIELS * PATRICr M PERKINS MI/AOOR LANDMARK OR ORONOMN 33m 31 3211131110002 3PADDR 3715 WATERTOWN RD •nername JAMES Fbrooks XPAYER JAMES F brooks ME/AOOR WATERTOWN ROAD MAPLL PLAIN MN 35130 31 32III31000I3 3PADOR 1743 wate r I OWN RD /nername NEDLbutte RflELOFTAI XPAYER NED L BUTTI Rf IEU3 * ME7ADDR LORNA L BUTTLRFH LO 3743 WATERTOWN RD MAPLE PLAIN MN 53359 ■ q 3 O Ilf NSLPIN (OUNTY PROPI RTY INIORMATION SYSTEM |•R(K•LRIYOVVNLRSI 1ST It 03II7313I00JI PROP AOUR 50 LANDMARK DR OWKI R NAME R W lUI I IRTONt. K lUtl ERITIN TAXPAVFR ROUIRT « CAROUNI M III RION NAMiyADDR «» MNDMARK OR LONOUKIiMN 55156 11 1311131110005 PROPADOR 1760 WAIIRIOWNRD OWNLRNAME JOHN RAT/I fNF IT Al taxpayer JOHNRAT/IOir NAME/AODR ROCHI III OAS'iriS RAT/lOH 1760 WAIIRIOWN RI> MAPI I PI AIN MN 55139 II 1711131110001 PROPAIHIR 11 AOORISSLNASSKNED OWNTRNAME STAirOIMLNN TAXPAYER ONRRLAI I SlATI MCMT NAMIVAOOR ATTNDCIIIIIEWJRIIN lOOLAEAVtnERlI ST PAUL MN 55135 11 13MH711400II PROP AOUR 3765 WAII RIOWNRD OWNIRNAME L L OJOK * I. M COOK TAXPAYIR LARRY L A IINOA M aWK NAMIADOR 1765WATIRIOWNRD MAPII PIAINMN 55159 PAfJE I . M 05llO133«>«l PROPADOR W ADORfVSIlNASSKJ/lO OW’NLR NAME STAIKM MINN IAXPAYLR ONR REAM STATE MOM I nami /addr AITNOLUmC r.llRIlN 50OIAIAVI TIE HO ST PAUL MN 55^5 W 13II131T30005 PROPAI50R UV) waiimtownko OWNI R NAME SM*r A HARRIS TAXPAYER STLVINM HARRIS NAME/AOIlR I^IOWAIIRTOWNRII MAPII PLAIN MN 55159 11 13II9311M10O4 PROP ADOR 3155 WAIIRIOWN RD OWKI R NA3ir SirVENM M4RRIS TAXPAYER SIfVLNM HARRIS NAME/ADUR |»OJM VIMit KRIODR tOINPRAIRH MM 55144 'W' ‘'V. 4 iP'i I CERTIFY THATTHF. FACES REPREStM VO ARE AN ACCURATE AND TRUE REPRESENTATION or INEOKMAnON AS IT APPEARSTIOS DATE ONI UK RECORM OFTIC IIENNliPIN CaJNTY TAXPAYER SERVICES W PARTMENT^TO niE DIJiT y . OFMY KNOWLEDGE ANUUEIJCF. ^ c / ‘ , AeU DATE 00 L EXHIBIT K 1^ E3 Hennepin County Taxpayer Services Department G Parcelinformationit V; ('• - •••'*%Tr '.-f "w-Parcel ID 3211823330002 House Number 3785 Street Name WATERTOWN RD Thii is not a hgaOy rocorOad map. tt npraaaftts a compilation ol mfomtabon and data from Oty. County, and SMa road atAhortbaa and other aourcaa. ■04-303" Jul> 19.2004 Pagr I of 5 Dale Application ReceUcd: 6-23-04 Date Application Considered as Complete: 7*T-04 60-Da> ResicH Period Expires: 9-6-04 Chair Rahn and Planning Commission Members Ron Moorsc. City Administrator From: Date: Subject: Janice Gundlach. Citv Planner V July 9. 2004 604-3037. Wayzata Country Chih. 430 Old Long Lake Road - Luce Line Setback Variance - Public Hearing Zoning Disirici: RR - IB. One F.imily Rur.il residential District (2 acre minimum) Lot Area: Total Club .Aiea -165 acres with -155 actes within Oroiio 430 Old Long L.tkc Road 36 721 acres Lot Width: Approximately 1.000’ along Was/ata UoulcxarJ I Application Summary: Applicant lequests the following \anancc to permit construction ' I'l an 18’ X 60’ addition to the existing maintenance building I 1 Acces:»or\ building setback xariance to allow an addition to the existing maintenance building to be setback 41‘ when 50’ is nonnally required and 45’ currently exists. 2. Accessory building area variance to allow a single building to be larger tha:i 3.000 square feet and to alloxx the total area of all accessory buildings to be greater than 6.00(3 .square feet Staff Rccommciulatiou: Staff recommends 1. Dental of the Luce Line setback variance to allow an accessory building to be constructed within 50’ of the Luce Line boundary. 2 Approval of an accessory building area variance to allow an individual building to exceed 3.000 square feet, and for the total area of accessory buildings to exceed 6.000 square feet Pcrlincnl Zoning Ordinance Sections Sec. 78-418. Conditional uses. Within any RR-IB one-tamily rural residential district, no structure or land shall be u.sed for the following uses without a conditional use permit; (4) Golf courses, country clubs, tennis clubs, public swimming pools serving more titan one family, scout camps, YMCA camps, YWCA camps, church camps, or private nonprofit parks, playgrounds and other similar uses. The pnncipal structure for any of these uses shall be 100 feet or more from any abutting lot in an R district, and accessory structures shall be a minimum of 50 feet from any lot line. •04 3037 Jy|> 19. 2004 Pic* 2 of 5 Sec. 78-1434, Area restrictions. In all R districts, no accessory building shall e.\cecd 1.000 square feel of footprint area, except that accessory structures in excess of 1.000 square feet nm U be allowed under the following conditions: (2) Oversized accessory structures are regulated by the following table; Let .Vica iivrc?) j________ Xlixi.-nun !r.^:\iduii Acc«*o<> Structure FoowtTni Alfa (squire feet) Alloued Tcti'. of All Acfcttorx Structure Footp: .nt A.*en* or» i Pfopert> tveuff feet)1 0 l<»«>1 (Kx*, :.ooo ! 1:00-3 00 i.:wi :.4ro 1 3 01-3 50 1.4(X1 : *00 3 51-4 W !' l.tvOO 3 4 01-4 50 1.800 3 600 4 51-5 00 2 000 4.000 5 01-<»00 2.ICO 4 400 6 01-'W :.4f>o 4 800 'Ol-SW 5 :oo 8 01-9 00 1 5.61K1 9.QI or morr iI 3.000 6.000 List of Exhibits txhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Applicant ’s Narratises Exhibit D - Survey Exhibit E - Proposed Elevations Exhibit F - Survey from Original Construction Exhibit G - Surxey Showing Addition at a 50’ Setback E.xhibit M - Aerial Photograph Exhibit I - Property Owner’s List Exhibit J - Plat .Map Background Wayzata Country Club applied for a conditional use permit amendment in .March of this year in order to complete an addition and major renovation to the existing club building. That CUP amendment was approved in late April as all standards of the Zoning Ordinance were met The Grounds Department of the Club is now requesting a variance to allow an addition to be constructed to the existing maintenance building that currently exists on the north side of the Luce Line Trail .' variance was approved in 1988 to allow the existing building to be oversized (over 1.000 square feet). That variance application and the building permit indicated the building would be setback 55 ’ from the Luce Line Trail. The survey submitted for the proposed addition shows the building at a 45 ’ setback from the Luce Line Trail. Therefore, the building wtjs not constructed in its approved location in 1988- 1989. k W4-30J7 Jul> 19. :004 Page 3 of 5 LOT .VNALYSIS WORSHEET l.ot ArcaAVidlh RR-IB 1 Lot Area Lot Width i Required j 87.120 sf (2 0 acres)j:oo- ; 1 Actual 1 7.187.400 s f. (155 acres)1 -1000 ’ 1 Setbacks: The Zoning Ordinance requires that all acce'«sor> buildings on conditional use proremes meet a 50* setback from all propeily lines__________________________ RK-IB Required Existing Proposed Western Lot Line sola:'*NO CH.ANGE Luce Line Trail 45-41* Slnicturai Coverage This property is not subject to structural coxerage requirements per Section 78-1403 as the property is in excess of 1.99 acres Ilurdcoscr Calculations This property is also not subject to hardcover requirement.s as it is not located within the Shoreland Overlay District Luce Line Setback Variance The applicant has profx^sed an addition to the eastern side of tiie existing niainteiur.ee building that is located just north of the Luce l ine Trail The exiting building is setback 45 feet when 50 feel is required by Ordinance. The applicants haxe proposed an 18' x 60* addition which will be setback 41 feet from the Luce Line Trail boundary. The additional 4 foot encroachment on the 50 foot required setback requires variance approval. The club also has an existing mamtenonce building on the south side of the Luce I.inc Trail and maintains a 0* selluck from the boundarx It .should be noted that if this xverc a residentiallx used propeny the only setback restrictions in place are the standard acccssorx building setbacks, xxhich could mean an jcccssuiy building under 750 square feet could be setback 10* from the Luce Line Trail boundary The 50* setback requirement only takes effect because of the conditional use status of the Club Accessory Building Area Variance Section 78-1434 (2) limits the area of any individual accessory building as xvell as the total area allowed for acccssorx buildings. This section of the code xvas adopted in late 1989. just after construction of the existing buildmg. The existing building at 40* x 60 ’ •04J4I3? Jul> 14. 2004 P«t» * 0^ 5 (2.400 s.f) received a variance to area, as prior to adoption of the current code any building in excels of 1.000 s f required a variance Because the 18 5’ x 60' (1.110 s f) addition puts the entire building over the 3.000 s.f requirement for an individual building, a variance is required Also, a variance to the total amount of accessory buildings is required as the existing buildings, with the proposed addition, exceed the 6.000 s.f. requirement of the chart in Section 78-1434 (2) DNR Setback Requirements The Luce Line Trail property is owned and operated by the DNR The DNR does not have an\ formal setback requirements. The DNR was notified of this request and no comments liavc been received to date. Should the DNR comment prior to the meeting, those comments will be distributed. Hardship Statement Applicant has provided a Hardship Documentanon Form in Exhibit B. a narratixe in Exhibit C. and should be asked for additional testimony regarding the application Hardship .\nalvsis in comlUering applicattom Jot %-oritimt. tkt Planning Conuniwion %kall tomidcr the ej/at oj ihe ptopoied variance upon the healih, %afet\ and u el/are of the community , exiuing and anticipated traffic conditiont, light and air, danger of fire, rhk to the puhhe safety, and the effect on valuev of property in the surrounding area. The Planning Commission shall consider recommending appros-al I for suriances from the Isiera' pros islons of the Zoning Code in instances where their strict I en forcement would cause undue hardship because of circumstances uniifue to the indii idual property under consideration, and shall recommend approval only when It it demonstrated that such actions will be in keeping w ith the spirit and intent of the Orono Zoning Code. Siaff finds no hardship exists to .support approval of the Luce Line setback variance The location of the addition could be modil'ied to meet the 50’ setback, regardless of where overhead doors exist as those can be teAHrated (see I xhibit G). Staff finds that a hardship does exist to warrant approval of the accessory building area variances. The total property area is in excess of 150 acres where the table in Section 78- 1434 ^2) only accounts for properties up to 9.C acres, where any property aboxe 9.00 acres is subject to the same requirement. This is not to say th.u the table should be extrajK>lated at the same aica increments up to 150 acres and that is the area requirement the club should be subject to. but rather the property could support accosory buiMings in excess of 6.000 square feet. Issues for Consideration 1. Does the additional 4 ’ encroachment, for a total of 9’ encroachment on the 50’ setback cause any negatix e impacts to the Luce I ine Trail? 2. Is die hardship proposed convincing e.nough to grant the variances? 3. Would a separate building meeting the 50’ required setbacks have fewer negative visual impacts? 4. Arc there any other issues or concerns with this application? *04-3037 Julv 19. 2004 PagcSofS SlafT Rccommcndalion Denial of the Luce Line setback variance to allow an accessory building to be constructed within 50* of the Luce Line boundar>-. Approval of an accessory building area variance to allow an individual building to exceed 3.000 square feel and for liie total amount of accessory buildings to exceed 6,000 square feet. r EXHIBIT A City of Orono Variance Application Street Adimts 2750 Ke.:ty ParKviray Ofcna. MN 55356 Ntam 952-249-4e0<} fax. 952-249-4616 M»i 'gAdd/esi P.O Dox 66 Crystal Bay. NtN 15323-0056 Appiicatcn * pC ^~7 Date Receivco ' . ^v AnrcyntPad ^i<C CC Staff: _________ Foo. S503____________ Rcrrjval- S3 PC Afte.'-tf'«-tar. SI 2C3 COJfce F»e Tns application farm must be completed in full. Appu&a'.t will ae ratifed witnn t5 days as la t^e staijs of t*>e apciicaijcn. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site AdP^ess. 466' i !gi. Lrvi Property Idenlfication Number (PlfO L-oJlz ^6Ad Alfd 66S^f ("ropeny luuiiim^nuun muhiuki 4(»* IfY 2. ,6*1 .'7 LCo2> ^ (Attach legal desc'iption to application if not included on the survey ) Date Property Acquired (month/year) □ Tes. I ^ the adjacent parcels Present use of property □ Residential Cl Other [r CC*M^ •<=_________ Zcning Otstret; • I ft APPLICANT INFORMATION: (Compicto legal names and marital status recu red 'cr eacn interested onrtyj Name C-(7Wn.4nru LXu^^ _ Phone (homeV ^Z.- ^ 13 - Address' 2-fn)uj4^» \A)a\jPy\x/tLAddress- z,crD ut/ay Email . rijLpil^h Phone (work); ^ _______City- Fax. 2‘P COY^ OWNER INFORMATION: (Cemptete legal rwmes and mr tai status 'equ '#d ♦cr each interested party) Name; T r;*\i uivtj Phone (home); ^Phone (work) a-a/t. f <*- City: u.' 4u >Z4.h^_______Zip Fax Phone (home) Address. n> to-6A-F \a)C4 Email; rt t t i A uJA DESCRIPTION OF REQUEST. Estimated Project Cosf Describe the request In detail (attach addil onal sheets it necessary) - lflp!St»DUjC7t' lll'f Ut/iCO 4 M7*i ' ^ r-y C»«I0 <0 A1I3-«^S •«IS:fa L jWi f' City of Orono Pre-Application Meeting Form (T*-is form is to oo ccmp e:ed Dy a C ty Planner Cur.rq your c'e-apn' '^eo’. rg *) S.'ree: AXmis 2750 Kei.ey Pa'kway Orono. MN 55356 Man 952-249-46C0 Fax 952-2494616 /■/O ' ng Address P O Box 66 Crysta' Bay. MN 55323-C056 For Of* :e U»e 0~'v City Planner _____________________ Meeting DateT.fre y ^ PC Date !>jl'■ I /v‘. PC fi-'f '-rr i".______ V " What is the purpose of a pre-application meeting? Pro-applical.cn meetings aid the applicant in preparing a complete proposal inform Ihem of the procedures and requirements of the city code and identify policies or regulations that create opportunities or problems for the proposal PROPERTY INFORMATION: Site Aadress l/7/‘ ' 7 ^ ^-h CntJt^-h j 7^00 ____ Property Identification-Number (PIN) ^ hh Z S VZ COO 3 ___________ Zoning District fi R'jb ____S ze o~f Property ( r.L >L) • "hy -- I iry/z A l/- Oi'Cl'O DESCRIPTION OF REQUEST: □ Average Setcack )3^Side Yard Setback □ Rear Ya*^d Setback □ Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ Lot W dth Of Other AftOiiJ 4n \ ,.-7 tA 'T!ui\ -/> /;■ - /-IV.. (L'jjf, < 'rt r/Tf" !n\___ /- const'll ijy^t r.rrr'^ p^^oof /-tt/■ Applicant's Initials HARDSHIP: Applicant has received ire Hardship Dccumentat on Form, understands it as it has been explained to them, and is awa^e that it must be completed and submitted m conjunction with tneir formal var.ance application OTHER INFORMATION: *Ploa8o note: Your variance application will NOT be accepted without a pre-application meeting during which thisJorm will be completed by City staff Applicant Signature!Date: M <r% O; ^ ry] fi W / EXHIBIT B Page i of3 HARDSHIP DOCUMENTATION FORM This form It a requirtd submittal for ALL variance applicabons. An app' eaten will not be considered complete or placed on any mcctng agendas until this form is complete and submitted to the C>ty. Minnesota State Statue Secton 394 27, Subdivision 7 requres that a hardsh.p be demonstrated in order for a variance to be granted. The hardship must be unique to ine property as variances run with the land and not the land owner Personal and econc.r c situations are not considered valid hardships In order fer an application to be heard by the Planning Commission and City Counc'l a hardship havrg ment must bu demonstrated. HOW DO I PROVE A HARDSHIP? This form ha<: 12 points outlining the basis C<ty staff uses to detennine rf a hardsh.p exists and how the variance will affect the surrounding community To prove a hardsh.p address all the relevant points listed below and answer them as dearly as possible Since you are requesting the code exception, you have the burden of proving that the variance Is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be cons dered Please address each of these hardship criteria as they relate to the request (some may not apply): 1 *The property m question cannot be put to a reasonable use if used under conditions allowed by the official controls * 2. The plight of the landowner is due to circumstances unique to h.s property not created by the landovmer.* 'kiajl /TYiti/ ! -J-^4'L l -w^i ^ /*a 7 t~,'rLA. * * T- ^ i ____ 3. The variance, if granted, will not alter the essential character of the iocuiihy * >-1 rr? 4. 'Economic considerations a ‘one shatl not constitute an undue hardship if n^sonablo use far the property exists under the te ms of the Zoning Chapter.* Ill-i 116/IU A IIM iiitt>mi»OM&lC <0 llia-eDl4 Page 2 of 3 “Undue hardship also deludes, bul Is not fimned to. Inadequate access to d.reci sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 11SJ.05. Subd. 2. when in harmony with this Chapter.* *The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property ’m the zone where the affected person's land is located * 7. *The Board or Council may permit as a variance the temporary use of a one-family dweNing as a two-family dwelling * “The special condiMms applying to the structure or land in question are peculiar to such property or immediately adjoining property.* “The conditions do not apply generally to otner land or structures m the district In which said land is located.* 10. *The granting of the aopUraton is necessary for the preservation and enjoyment of a substantial property right of the applicant * 11. “The granting of the proposed variance win not in any way Impair health, safety, comfort, morals, or in any other respect be contrary to the intem of the Zoning Code* Ili-f 119/199 4 IIW iimmi9*ONmo 40 W>mi4 mat ’.u EXHIBIT C WAYZATA COUNTRY CLUB ISayHafa 2 JO Wevi Wayzata Boulevard • Pom Oiiice Bo» 151 W :y«a:a, Mmnesoia 55391 Phure 952 473 6955 • Fax 952 404 :SJ2 To Whom It May Concern:^Oi/vtiTy We reee'nZ hid nl'.I! ’''"d Coumiy Club Grounds Departmenl. north of the Lice Line Trail. This building has been here for 20* years and is storage for a large amount of our maintenance equipment. With our ever-growing fleet of machinery, we arc forced to temporarily store these items outside until a solution is agreed upon. TTierc are questions on your part as to why we can only build off the south side and w close to the Luce Line. The West & South sides of the building are equipped with A equipment TheNorth side of the building is within 8 of our inbounds golf course and there is no way to extend the building. The East side of the building is the only feasible side for the alrcX"owupTcs''*^ ^ occupying any more space than our temporary storage Also, over the past 2 summers we have been victims of serious vandalism and feel that the equipment without proper storage is subject as a target We arc also very wnscious of the Luce Line patrons and stride to keep our facility aestheticallv pleasing Therefore, we would like to eliminate as much outdoor clutter as possible. If you have any other questions or concerns, please do not hesitate to contact me at 952-473-6955. Respectfully Submitted, jHlie Driscoll Wayzata Country Club Grounds Department Administrative Assistant \ '1 Q' wi 1>LESTLP. euiLOINGS ■ r*‘,' t<. I . j 1 1 M VwtKHi Wl !■*>*« * MJiJU Ti j:nM5J5i! kur^. Wayau Country Club 200 Weil Wayuta Blvd Wayau. Mn 53391 April 19.2004 • 4 concrete door with mesh in lean-io addition * ?Z„1 K- ■«" »d Vi«,l doo. «op. .„ .hre. o»rt««, *»., „ : ^Z': :;;2 :zz zza, z »*•"• building. ' ^ **®*» on three overhead doors in maintenance 121222. “*""r*^'O''“O'**'"wi* debn. dapoal. ««.i»in, «^.i„ «, „ LZ^Z»^c!Z'Eto"iJr Vnsurance. RespectAilly Submitted. , ,Ld./u:/Ki^V“A' LaiU Driscoll ter Buildings. Inc. ilx KWnWALL 1 ILEVAnOW (3 FKrWUL t ElEYATTON MPPrALL I MfATlOH 5 H PI suTKitws ait»icAii r Arrr»r 'riti// M IM luftTfi ft» m r*p«l ■•< pnpm4 kf mt u it<*t mf lki>« I am a lUf l«#nW toM< Wa»>Jr m*« Mr Mrr ml »* »««»r #» IW-vWj (Jrfrrf tkrt I0»> <»pf ml JIrr. A*M HACrntm^ Iramm Vsm <tj.Ma>in Me Umnm Mo l/«» cf»l rt "a! mM wOnt orl Mforri •» «» WO/iMAlt CU-jt nf hAiP^viAr P “«»ss mtpgmi o «»tOm HiMtftirct BhMii| ttpmitoii rrX X 09 H O -MMi '-r.sr-:;*T ‘.-: l*fe,:-X t- j •' > ,r ■' 'V . < r \. ,•• \;’v ■■/ir-i •^'i S Ir ■> " 1-. >] V'ii V* *'v\ 0 ADDITION 1 gED./i •X r;.••• mmkmU' - ...... \i I EDGE OF \-; CLUB MAINTENANCEV BqjLDjlNG - > ft. 'LUCE^It^E •f TRAIL V • <- . ••*, ■ .7”' : •/•• { :$■ ; so H z KXHIBIT I WILLIAM D LARSON P O BOX 20087 BLOOMINGTON MN 55420 2 P BOTOS & C I BOTOS 320 v;akefielo rd WAYZATA MN 55391 JEFFREY & ELIZABETH JACOBSEN 127 CHEVY CHASE DR S WAYZATA MN 55391 ROBERT F MADOOCKS 450 OLD LONG LAKE RD WAYZATA MN 55391 C V/AYNE & ANGIE A LENEAVE 360 WAKEFIELD RD WAYZATA MN 55391 K A STRICKER & R J GRIFFIN 125 CHEVY CHASE DR WAYZATA MN 55391 H NORMAN NAFSTAD 12159 ST ANDREWS ST RANCHO MIRAGE CA 92270 WILLIAM HENDERSON ROSLYN L HENDERSON 430 WAKEFIELD RD WAYZATA MN 55391 R E STRAUMAN & K E STRAUMAN 123 CHEVY CHASE DR WAYZATA MN 55391 PEDER & UNDA ENGEBRETSON 470 OLD LONG LAKE RD WAYZATA MN 55391 KENDRICK B MELROSE 2626 CROSBY RD WAYZATA MN 55391 LOUIS B OBERHAUSER JR 121 CHEVY chase dr WAYZATA MN 55391 MICHAEL L LEJEUNE 480 OLD LONG LAKE RD WAYZATA MN 55391 DALE A SPENCER 503 FERNDALE RD N WAYZATA MN 55391 THOMAS FORSTER 119 CHEVY CHASE DR WAYZATA MN 55391 LAWRENCE F & BARBARA WIKEN 490 OLD LONG LAKE RD WAYZATA MN 55391 EDWARD J & NANCY K BIERMAN 505 FERNDALE RD N WAYZATA MN 55391 ALAN J & CAROL K ARTHUR 117 CHEVY CHASE DP. VMYZATA MN 55391 WILLIAM S BLOOMER III GERALDINE A BLOOMER 220 WAKEFIELD RD WAYZATA MN 55391 DAVID W & KEIKO M THURSTON 509 FERNDALE RD N WAYZATA MN 5*^391 AMY SCHUETT 115 CHEVY CHASE DR WAYZATA MN 55391 WILLIAM 8i ELEANOR FERRIL 240 WAKEFIELD ROAD WAYZATA MN 55391 MARK CAPECE & BARBARA CAPECE 511 FERNDALE RD N WAYZATA MN 55391 JONATHAN & MARTHA JAMSA 113 CHEVY CHASE DR V/AYZATA MN 55391 PAUL BASZUCKI 250 WAKEFIELD RD WAYZATA MN 55391 PATRICK 8> LEAH MOYNEUR 131 CHEVY CHASE DR WAYZATA MN 55391 THOMAS L CURRY 111 CHEYY CHASE DR WAYZATA MN 55391 THOMAS J/KATHERINE S BATINA 280 WAKERELD RD WAYZATA MN 55391 DAVID M 8i JEAN E SAHLSTROM 129 CHEVY CHASE DR WAYZATA MN 55391 M04-J03I July 8.2004 Page I ofj Date Application Received: 06-23-04 Date Application Coniidercd as Complete: 0'-09-04 60-Day Re^ien Period Empires; 09-09-04 To:Chair Ralin and Planning Commission Members Ron NIoorse. City Administrator From: Duic: Subject: Melanie Curtis. City Planner | July 12. 2004 «04-3038. Darrell & Karin Anderson and Bruce Davion. 900. 925. 965 Old Long Lake Road • Subdivision of a Lot Line Rearrangement ♦ Public Hearing Zoning District:RR-IB, One Family Rural Residential. LR-I A, One Family Lakeshore Residential, 200* & 2-acrc minimutii Application Snrmiary: The applicants are requesting a lot Ime re.in.uigement for properties at 900. 925. 965 Old Long Lake Road. Additionally, the applic.ttion requires lot area var^J-^:cs each to allow 925 and 965 Old Long Lake Rd to remain less than 2 acres. Sio/f Recotr'furt^aiion: Staff recommends approval of the lot line rearrangement as p:op >sed fr.llowing stipulation: 1 1* ;vitv.>r of property labeled on survey as “to be deeded to Dayton" shall K’ .vf . -.».!rincd with the property at 900 Old Long Lake Road, and 2. The j,;. in labeled on the survey as “to be deeded to Anderson ” slull be legally ______com! wit!? the property at 925 Old Long Lake Road____________________ Pertinent Zoning Ordinance Sections Sec. 78-305. Area, height, lot width and yard requimments I R-l.A. (b) Lots The following minimum requirements shall be observe 1.01 Aica (jitci 1 j Lot W ijih 1 feet) 11 1 i.mi Yatd (feci 1 j S.Je VireJ ! (feert [ Side Yif J Adulter.: to >;rec; Ccet) Rci: Yard j iftcO 1 -20(1 50 ho l50 50 1 Sec. 78-420 .\r?a height, lot width and yard requirements RR-IB (b) Lots The lollowing minimum requirements shall be obscrv Loi Area (acres)Lo: NSidth (fee;)Iron! Yard (feet) . Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (fert)2 200 ho 130 50 50 M04-303S Jaly S. 2004 PattlofJ LUt of Exhibits A. Application D. Existing and Proposed SuiA cy C. Property Owners List D. Plat Map Background Darrell and Karin Anderson have made an application for lot line rearrangements for properties located at 900, 925, and 965 Old Long Lake Road. The Andersens are the owners of 925 Old Long Lake Road and they made application in June 2004 for front >ard. and side setback variances in order to rebuild a new residence on the property. The Planning Commission indicated at the June 21 public hearing that they would not support side setback variances on this property. The Andersons were directed to redesign their proposal to meet setbacks or to acquire the property necessary to meet the required 30'west side setbacks for their rebuild. The Planning Commission also indicated that they were aware that the properties at 925 and 065 Old Long Lake Road were both currently les^ than 2 acres and stated that they would support a lot line rearrangement in spite of the substandard size of the lots in this situation. Currently, the nortliem most property line of 925 Old Long Lake Road is on the north side of Old Long Lake Road, across the road from the property. One goal of the lot line rearrangement is to clear up this property line At this time, the Andersons in conjunction with Bruce Da>ion, the property owner of both 900 and 965 Old Long Lake Road, are requesting to rearrange existing lot lines on all three properties in order to alleviate the problem with substandard side setbacks on 925 Old Long Lake Road and to straighten out the lot line along Old Long Lake Road between 900 and 925 Old Long Lake Rood. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. Lot Area Analv.sii Gross Lot Area Including 66' Road Riehl of Wax 900 Old Long 1 ake Road (Dayton) 925 Old Long Lake Road (.Anderson) 965 Old Long Lake Road (Dayton) Existine Proposed 38.0 acres ±38.2 acres a 1.402 acres 1.375 acres 2.006 acres 1.871 acres Conformance with Zoning Ordinance Currently, out of the three existing lots only one (900 Old Long Lake Rd) meets the area and width requirements of its respective Zoning District. After the lot line rearrangement, the two lots which are nonconforming with respect to area will remain nonconforming, and 925 Old Long Lake Road will be closer to meeting the lot width requirement. »(W-30M July 8,2004 Pa|t J«r3 Issues for Consideration I. Are there any issues or concerns with this application? Staff Recommendation Staff recommends approval of the subdivision of the lot line rearrangement with the following conditions: 1. The portion of property labeled on survey as “to be deeded to Da>lon” shall be legally combined with the property at 900 Old Long Lake Road, and 2. The portion labeled on the sur>ey as “to be deeded to Anderson” shall be legally conibined with the property at 925 Old Long Lake Road. Because titis is a lot line rearrangement which results in a no additional lots, no park fee or stormw’ater trunk fee will be required. City of Orono Subdivision Application Street Address 2750 Keliey Pa'<way Orono. MN 55356 Wain 952-249^600 fa* 552-249-4616 Mailing Address P O Box 66 Cr/stal Bay. WN 55323-C055 This application form must be completed in full. Applicaton • Date Rece;ved AmountPa d. O-CO. Sta^ o Pee L<-CO Renewal --------------------------- PROPERTY INFORMATION; Ste Address 2 9 det ac/.v fCc.x fi • 0 4 »•<?/./ l,L a rij . J l. ,.i ... t Property Identification Number (PIN) 3 S' - / / 9 ~ ~ s- ? < . / / y w ^ j jj .• > ,¥-e.v. (Attach legal description to application if pot ipduded^prj the survey.) Date Property Acquired (rronth/year);‘ * *“/ Q Abstract or □ Torrens, please check one Present u&e of property. □ Residential □ Other _______________________________________________ Zoning District ^JilLill _______________ APPLICANT INFORMATION: (Complete legal names and mantal status required fer each interested pa'ty) Name' J V 73 /‘.VY-Phore (none) __________________________ Address 47/1, V Phone (work). Enail./rli ii D.m »•«* // n .K-» y . OWNER INFORMATION: (Complete legal names and marital status required for eacS interested party) Name: v ^ ^h___________________________________________ Phone (home); Address ___ Email Phene (work): EXISTING LAND USE: Number of Tax Parcels; r/n Development Size ___Acres Dry Land Acres Wet Land Acres TOTAL, all parcels Present Use (check one) Present Zcn'ng District GJ Residential. Number of Units: □ Other. (Speofy) _________ Proposal: □ Division for Tax Purposes Ei Lot Line Rearrangement Only (no new building sites) □ Subdivision for New Building Sites Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) Existing Units New Units Total Units Units per Acres □ Residential □ Other (specify) .10- Square Feet Dry Buildable Land MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1 Payment of feet (refer to ‘application fees" listed below} 2 Completed application fomn. 3 Preliminary p:at information on Certficate of ^ Certified Property Owners List cf owners witn*"^350/you must obtain this list from Henrep n County Cepaiment of Finance. Government Center. A-6C3 300 Scut*\2^:'eet f/.nneapo'is. teiepnone 612-348-5310’ . As an addendum to tft s app icaion. p-ease attacn a sepa*ate ist of any ot**e* cersc^s >o- wsn rst.^ec of n s ^ application MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1 Payment of fees (refer to Prei.mmary S-Od.ir sion Approval reso ut cn and pa'k fees i* appi cab'e) 2 Signed Ceni'icate of S-rvey cr mylar ccp es of'prmai pat 3 Title opinion 4 Easements, ccve"ants. etc 5 Develope's Agreerreri and Letter of Credit APPLICATION FEES (Zcn^ng Admir strato* Ic c**e-< [X] nose which apply) A. Application Base Fees: ____ Sketch Plan Review (C-ass I. II & IH) S250 CC TOTALS Subdivis or^ of a Lot Line Rea'rar.gemaoLlfiQp 00 Subdivis on AppI cation (C‘as$ i & li)<S600_^ Preliminary Subdivision Appiicaton S30 COMol(Class HI & ail non-residential) Final Plat Application ^Class HI) S250 00 Legal Review and Fiiiog:-------- ____ Sutdiv.s on only^SUQ CO.' Subdivis'on w/e«¥ments and covenants, r-m.mum $250 00 ♦ any addit ona ccsts Park Fees (to be determ ned pe' Section 82-227) Legal and Eng.neenng Rev ew Fees (as mcurrea) Renewal of Class ' ll. & Hi Subdivision and of a Lot Lne Rear*angement Apolication $300 CC B. Special Improvement Fees: ____ Proposec Private Roads $650 00 ♦ $ 50 per lineal foot.______Im ft * 50 = $ Proposec Public Roads $950 00 ♦ $ 50 pc* Im.eai foot;______Im. ft. x .50 * S " Request for C ty to Accept Ex.st ng Private Road $950 00 Proposed Sanitary Sewer Ma n Extenscn $275 OC * S25/$tub Proposed Watermam Extension $275 OC ♦ $25'stub Proposed Storm Sewer System (exc udirg cut-, arts) $250 00 On-Site System S ‘e Eva’uation Rev ew (appiicaoe to 'ural suociv s ons) $60.per 'otx C. Flexible Application Fecs/Miscellaneous Fees ____ Vanan:e S600 00 ____Vacat on of Public Road $7c per benefit.ng property ($600 minimum per apci<cation) ____ Easement Vacat on Associated with a Subdivis on StOO 00 ____ PRD Application with Subdiv.sion $35 03 per dwelling unit . new tots The applicant hereby agrees to provide al! information required or requested by Planning Department Staff. City Engineer. City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant’s Signature: ^ 4 ? - ’ Owners Signature: Date: Oato: C- -13 -O«/ 0 -Zt/ ~ c ty Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at alt scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change pnor -11 - DATA PRIVACY ADVISORY In accordance with M S 13 04. Suba. 2. ’Rights of subjects of data”, we wo j d like to inform you that your request for a pemnit or license from the City of Orcno or any of its depaments may require you to furnish certain private or confidential information You are nolifed that; 1. The information you furnish will be used to determine your qualification for the permit or license requested 2. You may refuse to supply data, but refusal may require that the City deny the permit or l.cense 3. The information may be shared with other local, state or federal agen&es to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may becorre public. 5. You have certain rights under M S. 13 04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. D C' ///?.• ' ♦- IV? M FIRST L L. .■ .• MIDDLE h 1 » ./. LAST ADDRESS ^ r,, 4 /JIK' CITY 'STATE. ZIP PHONE I understand my rights as stated above. '> >----------- Signature 14- iite Sec. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights cf individual on whom the data is stored or to be stored shall be as set forth in this section Subd. 2 Information required to bo given individual. An indivisuai asked to supply private or confdertal data concerning himself shall oe infomed of: (a) the purpose and intended use of the requested data within the collecting state agency, politcal subdivision, or statewide system, (b) whether he may refuse or is legally required to supply ir^.e requested data, (c) ary know- .orsequence ansing from his supplying or refusing to supply private or confident;al data. ar>d (d) tr.e 'dent ty of other persons or entities authorized by state or federal law to receive the data This requirement shall not apply when an individual is asked to supply investigative data, pursuant to sect on 13 82. subdivision 5. to a law enforcement officer. The commissioner of revenue mav place the notice regu I’ed under this subdivision m the ind vidua income tax or property tax refund mstnjctions instead of on those forms Subd 3 Access to data by individual. Upon request to a responsible authority, an ird vidua: shall be informed whether he is the subject of stored data on individuals, and whether it is dassif.ed as public, private or confidential Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to hin and. if he desires, shai be informed of the content and meanmg of that data After an individual has been shown the private data and informed of its meaning, the data need not be d sclosed to hm for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created The responsible authority shall provide copies of the prvate or public data upon request by the individual subject of the data Tne responsible authority may require the 'equest<rg person to pay the actual costs of making, certifying, and compiling the copies The responsibie authority shall comply immediately, if poss.ble. wth ary request mace pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays. Sundays and legal holidays, if immed.ate compliance is not possible If he cannot comply with the request withm that taie. he shall so inform the individual, and may have an add tioral five days within which to comply with the request, excluding Saturdays. Sundays and legal holidays Subd 4 Procedure when data Is not accurate or complete. An ndividua’ may contest the accuracy or completeness of public or private data concerning h.mse f. To exercise this right, an individual shall notify in writing the responsible authonty descnbmg the nature of the a sagreement The responsible authority shall wthm 30 days e ther (a) correct the data found to be inaccurate or incomplete and attempt to notify past reopients of inaccurate or incomplete data, including recbients named by the indiv'dual; cr (b) notify the ind.vidual that he believes the data to be cor'ect Data m dispute shall be disclosed only if the mdiv dual's statem.eni of disagreement is included with the disclosed data The delerminatioh of the responsible authonty may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases -15 KWNtMir. )i j^iimiioooi PKOrAOOR Jl ADURLSS UNASSIT.NCO OWNLRNAMC STfUNGHUXCOUCUIH TAXPAYFJJ STRING MILL OOlfC liJO NAME/AOOR TOO STRING IIILLRD WAV/ATAMN S^WI )l UIIUlDCOb) TROT AOOR lOUO Oti) LONG LAKL RO OWNLRNAMti R T Rtf.U* S L JOHNSON lAXTAVCR RCKtLD A SI. JOHNSON NAMI7ADDH «000 OLD LONG LAKL RO WAY/A1AMN SM9I Jl )MIKJ)l40nO4 TROT ADIJR 4JO LONG LARL KD L OWNLRNAME ULLLVUIAMMAN ■fAXTAYlR BUTYLOUHAMMAN NAMl/AIJOR 4101: LONG IAKL Rl> WAY/AIAMN JJJ'JI HENNEPIN COUNTY PKOTFRTl' INI ORMATION SYSTEM PROI'r;l<rYOWNLKSI.IST TAGE. )l JJIIRJJIIOOOJ TROT AOOR Jl AI):)RLSStIN.ASMr,SFO OWNIRNAML lOOmiNNlTIN TAXTAYLR HtNNITINCWMV KAMUALUR R«<'' I W WAY OlVISION iroOTRAIRIEDRIS'L MIOINAMN JJJ40 Jl IJI HU 1140002 TROT ADOX JR) IONG LAKF RO f. OWNIRNAXir MR 1AVIOR MACS TAYLOR lAXTAYLR MR TAYLOR IIRCSIAYIGR NAMiyAOOK SK) LOW. lAM. RO L WAV/A IA MN JJBJI JR JMIR2JI4000J TROT AOOR 4» I Of'O lARL RO C OWNIKNAML UJISMSTURMAN TAXTAYLR LOISMSILRMAN NAMl/AOUR 4101 LOST. LAKE RD WAV/ATAMN 55JOI Jl IJIII2in0fD2 TKOPAODR 4JJ lONGlAKLROE OWNER NAME Cll V OT ORONO lAXTAVlR OTVOfOROWJ NSMI’AIJHR OOXW. IRVSTALOAYSIN JM2J II JMllJlUaUO) rxop AOOR 400 LONG LAKE Rl) t OMNIJINAMF JRBLAUCIIAINLLIAI. TANTAVIR JAMISR ni AHCHAINI NAME AODR 4141 lONG I AKT. R|) E WAV/ATAMN JJV;| Jl JJIIIJJI40006 TKOP ADDR VX) OLIJ I ONI. LAKE HO OMNI R NAME IIRU E IIOAVION TAXPAYER BLISS A to NAMI /AOf H WO 01 n LONG LAKF RD WAV/AIAMN JSJSI Jl JJMIUn40O08 TROT ADOR 900 OLD LONG I4JKL RD OWMLRNAMt BRUCE BOAVTON lAXTAVLR OKABTNAtXJMTANV NAMT/AOOR JI40 NORWliT C ENTER MTLSMN JJ4U2 ,J» JMIIJMIOUU) TROT AOOR 9bJ OLD IjONG LAKE RO OWNER NAME BRUCE II DAYTON TAXTAYFR OKAOENA COMPANY NAMI/ADDR 5140 NOHWEST CENTER MTLSMN JJ40: Jt 1JIII2I4IOOOI PRUT ADOR MJ CHU LONG LAKE RO OWNER name SIATL Of MINNESOTA TAXTAVfR ONRRMl ESTATE MCMI NAMUAUDR AT TN Of BOIL GURTIN JOOLAIAVETTLRO ST PAUL MN JJIJJ Jt JJIIi:)4lli004 PRUT AUOR 9RJ WAV/.A IA BLVDIV OWNLR name R a dales L I T BALES TAXPAYER RLl:0»AU.SAJLANNtBALLS NAML/AOOR 910 WAV/ATA BLVD W WAY/ATAMN JJJ9I Jl JMIUMICOOi P40T AtJUR 9IS OLO lONC lAKL RD OWNER name RrHARIJC, KJNLIIART ETAL TA.\PAYLR RR'ItAKOG RR.LMART NSMLAOr.R wsoidiongiakero WAV/ATAMN JJI9I 11 >JIII2)4IOCIOJ PROP ADOR 925 01J) LONG LAKE RD OW'NLR NAME D I: ANOLR.SON A K II ANOERSON taxpayer DARRELL A KARIN ANDERSON NAMUADDR 92J old LONG LAKL RD WAV/AIAMN 5J)9I Jl )jni7J4l0006 TROT AOOR 920 WAV/A IA IILVO W OWNER NAME OE ANDERSON ETAL TAXPAYER OARRiaCANOtRSON NAME/ADOR 920 W WAYZATA BLVD WAV/ATAMN JJJ9I Jl )JIII214i00IJ PROP AOOR 125 OI O LONG LAKE RD OWNER NAMI BRUCE B DAYTON TAXPAYER OKABLNA COMPANY NAME/AUDR !<•«> NORWESI CENTER MTLSMN J5402 Jl JJIIIUJ4I0020 PROP AODR M AOORESS UNASSKiNEO OWNER NAME STATE OJ MINNESOTA TAXPAYER DNR REAI. ESTATE MGMT NAML/AOnR ATTNOEOBIEGURON JOOIAIAYETTLRO ST PAUL MN JJIJJ RUr'OAIt 6OI/20M Ml NNhPIN COUWTY PROPFRTV INFORMATION SVSTf.M PROPERTYON^'NLRSLIST }« ISIItlXlOOOl PROP ADDR 1003 OLD LONG LAKt RD OWNER NAME D A RIS1ADA K ECAlkSIUY TAXPAYER DONALD RISTAO A KLNT CASSIDY NAME/AOOR 1003 OLD LONG LAKE RO WAYZATAMN 33MI 12 )3IIU)4}0001 PROP AOUR 1043 WAYZATA RLVO W OWNLR NAMt EDWARD V PETLRSON A WIIE TAXPAYER LOWARD V PETERSON NAMC/AOUR '0«3 WAY/ATA DLVU W WAYZATAMN 33WI 11 I3III7MXJ040 PROP AUt>R JOS UNDAWOODLA OWNER NAME HENNEPIN rORJHTTO LAND TAXPAYER CITY OE LONG LAKE NAME/AOOR 1964 park aye LONG LAKE MN 55J36 )l jAlIRTlTiOOlU PROP ADOR 765 SPRING HILL RO OWNER NAME PREOERICX WINSTON ETAI. TAXPAYER NAME/ADOR FREDERICK WINSTON 763 SPRING HtU.RO WAYZATAMN 33)91 31 161117)77000) PROP ADUR 733 SPRING HILL RO OWNER NAME f WINSTON * E C WINSTON TAXPAYER TREOERJCK WINSTON NAME7AODR »3 SPRING HIU RO WAYZATAMN 33)91 Jl )6II1717)0007 PROP AODR )« AOURI.SS UNASSIGNEO OWNER NAME STATED! MINNESOTA taxpayer dnr real estate MGMT NAME/ADDR AITW DEBBIE CORTIN 300 LAFAYETTE RO SI PAUL MN 33133 I nrKTIF^ TIIATTHE FACTS REPRESENTTED ARE AN ACCWLATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTIIIS DATtONTIIE RFXX)RDS OFTIIE HENNEPIN COUNTY TAXPAYER SIJIVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF MtNI. lU IMCUiai . ^ DATi-^-gY-oY BY PACE:: • i 'V'ee V*.*•*... .* CO MLNTUTESOF HIE ORONO PLANNING COMMISSION MEETING MONDAY. JL^'E 21.2004 6 00 o'clock p m. ROIL The Commission met on ihc above meniioncd date with the following members present Chair Jeanne .Mabusth; Commissioners Jim Leslie, David Rahn, Ralph Kempf, Roland Jurgens III. J. Marc Fnlzlcr ami Alternate Janice Berg, City Council Liaison Lili McMillan; Representing stall w ere Planning Director Mike Gaifron, Pla mcr Melanie Cur- PI '"ner Janice Gundlach and Recorder Glenda D Spiotta Chair Jeanne Mabusth called the meeting to order at 6:02 p.m. OLD BLSINLSS 1. #04-2969 TERRY AND CRETCHF.N BLOL’NT, 1390 CHERRY PLACE, VARIANCE, Pl'BLIC HEARING (6:02-6:08 p.m.) Terry and Gretchen Blount, applicants, were present. Gundlach explained the applicants received a variance for hardcover and average lakeshore setback for the deck in March 2004 and that this application is technically an amendment to the March 2<XM app ovals The amendment includes a hardcover variance and a vanance to allow two structures to be w ithin 10* of each other, in order to allow a cov ered entry over the front stotvp of the home w iihin 10* of the existing detached garage. The applicant is proposing to construct a roof over the front stoop III order to achieve a covered entry. Although over existing haidcover, a hardcover variance is required because the nature of the hardcov er is changing to structural The existing hardcov er within the ■^5'-250* /one is 39.2>'’» where 25“o is nonnallv allowed No :icw hardcover is proposed. Gundkach advised the renovation of the existing house meets all required setbacks. However, with ihe .addition of the cov ered entrv’ the separation betw een the roof and the existing detached garage vvo 'ld be four (4) feet where nomtally a separation of 10* is required Because the applicant's have chosen to rebuild on the existing foundation and arc tied to the existing hardcover, Gundlach recommended approval of the variances as no new hardcover is proposed and staff has not delemimed any negative imparls that would result from the covered entry construction. ('hair Mabusth inv ited comments from Ihe applicants. There vveie none. Chair Mabusth asked for public comments There were none Ralin commented that it did not appear the front stoop footings *vcre frost-protected Gundlach replied the Building Official authon/cd Ihe front sloop to be moved 6** to the sou’h so that footings can be built, as well as there being a potential for some required fire proofing. Chatr .Mabusth asked for clarification of impacts of structural coverage or hardcov er. Gundlach Implied the structural coverage is compliant at 15'’/o and there is no new hardcover. Fril/Ier questioned if there is a roof now w here the new entry w ill be built. Terry Blount, applicant, responded that the current entry is not roofed. Fritzlcr asked for clarification about the amounts of hardcover being removed with the roof addition and deck removal as seen on the draw ings._______ Page 1 of22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JL'NE 21. 2004 6:00 o’clock p.m. (1. 404-2969 TERRY AND GRETCHEN BLOLNT, 1390 CHERRY PEACE, VARIANCE, PIHEIC HEARING (6:02-6:08 p.m.) Gundlach clarified the drawing is from the previous approval where there w,*^ a decrease in hardcover. With this amendment, the applicant is not proposing any new hardcover compared to the previous approval and hardcover reduction .Mr. Blount explained the previous deck w.xs removed and new decking was built, but that now the total hardcover fixvtace is less Chair .Mabustb moved. Eritzler seconded, to recommend approval of Application KU4-2969, Terry and Gretchen Blount, 1.^90 Cherry Place, amending the originally approved deck replacement variance to include approv al of the ’'owing variances in order to allow a covered entry over the front stoop: 1. Hardcover variance to permit 39.25% hardcover in the 75*-250* /one when 25% is normally allowed and 39.25% currently exists and no change is rc(|uested. 2. Variance to allow the proposed covered entry to come within 10' of the existing detached garage This approval is subject to the following condition: 1. Should, if under some unforeseen circumstance, the covered entry comes within 3* of the existing detached garage the construction shall adhere to the pertinent building cinle pros isions for fire-proofing. VOTE: .\yes 7. Nays 0. StalTadvised Application m()4-2%9 would be scheduled for the June 2S, 21KJ4 City Council session. 2. <#04-3009 JAMES AND DARCY EOFEI ER. 1690 SIlAnVUOOD ROAD. VARIANCE, REVISED PLAN, PL BI.IC HEARING (6:09-6:15 p.m.) James Loffler. applicant, was present (iaffron advised the apphealion wa.s tabled from the May 17. 2<n>4 Planning Commission meeting and since then an updated survey with grading plan and a revised siie plan were received The applicant submitted a revised plan with reduced hardcover and eliminated the lot coverage variance. He stated the applicants drastically reduced the si/c of the house and driveway wuh a minimal back up apron based on tlic City’s standards. The house meets the average lakcshorc setback requirement and 75 ’ setback, as well as all other required setbacks. From staff s perspective, Gaffron indicalcd ihcrc is some hardship to support approval of a modest v ariance based on the lot shape and the need for a reas*mahle back-up apron .\l?o. w nh mov mg the house nearer to the road, ii is a potential hardship for a reduction in views and impacts on the adjoining average setback lines, justify ing some measure of hardship variance for the site. Given that the applicant reduced the house si/e to meet the lot coverage IS"* limn, given the factors of lot slijpe. road access and location of ncighbonng homes, staff believes the proposed plan is rcasoniible. Chair Mabusih asked for applicant ’s comments. There were none. Leslie remarked the applicant did a great job with the reductions on the revised plan Chair Mabusih invited public comments. There were none. Page 2 of 22 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21. 2004 6:00 o'clock p.m. (6. N04-3024A Cil>' of Orono, Chapter 78-1431 Zoaiae Code Ameodments, Public Heariag - continued) Chair Mabusth moved, Rahn seconded, to recommend approval of Application <<04-3024A; Ordinance Revision Concerning Accessory Buildings and Structures on **Through Lots.** VOTE: Ayes 7, Nays 0. 6. W04-3024B City of Orono, Chapter 78-1577 (C ) (2A), inning Code Amendments, Public Hearing (8:06-8:29 p.m.) GalTron introduced the discussion of an amendment to the City Zoning Code related to the parking of commercial vehicles on residential property. Chapter 78*1577 (C) (2A) was last amended November 24, 20(i3 via Ordinance *»4, Third Series. The City Council recently asked the Planning Commission to consider whether it may be appropriate to revise the 5-acre minimum lot si/c requirement for storage of large vehicles, under the “Extenor Storage in R Distnets" ordinance Gaffron related the suggested options fioni the City Council to make the ordinance less onerous for those properties with existing large vehicles stored on lots of less than five (5) acres a. revising the code to allow such vehicles to be stored on lots of 2 0-4 99 acres in areas only if stored in a building; or b. granting a lot area vanance for outside storage for pre-existing situations on a case by case basis; or c. "grandfathering" existing situations but not allowing new ones GalTron indicated staff was not in favor of the option to allow- ‘grandfathering’ of existing .situations. Staff did not have a strong recommendation but encouraged the Planning Commission to discuss whether the code should be amended, and if so. recommend any appropnatc conditions to be incorporated into the ordinance. Ch • Mabu ‘ th icA ited public comments. Mrs. Jerry Timm. 2885 Co. Rd. 6. described their business practices of having their large dump truck pari ed for 6-7 months and when used, travels to and from the property two times day The truck is parked about 200’ aw ay from the Hagen property. She explained the dump truck is important to their livelihood. Chair Mabusth a.sked for information about the number of complaints received at the Cit> regarding parking of commercial vehicles Gaffron advised there were about 10-15 existing situations where building movers or landscape businesses, for example, park their large commercial vehicles on their properties. However, w ith more residential development moving closer to these properties, it was inevitable that complaints would arise. He explained the ordinance was not drafied with all situations in mind. Rahn asked for staff s opinion regarding the difference in a two-(2) acre requirement with, screening rather than a five-(5) acre requirement. Gaffron replied that it is less Iikcl> a two-(2) acre propeny would meet requirements, but it could happen Gaffron also raised the question about whether the question of parking a commercial vehicle in a residential district is a use variance as it is a performance standard consideration.______________________________________ Page 11 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21. 2004 6;00 o ’clock p.m. (6. «M-3024B Clly of Orono, Chapter 7K-1577 (C) (2A), Zonlp|> CodcXmcmlnwiin. Public Hearing -conlinued) Leslie poinicd out there is noise, vibration and smoke associated with large commercial \ chicles besides the visual screening issue. Rahn reminded the Planning Commission of the pnor decision to allow 'grandfathering’ of parked TOals in residential areas and then it was left to neighborhoods to do the ‘policing’ for compliance Fritzler stated he did not support any provision for ’grandfathering ’ Rahn noted it takes a significant amount of city stalT time to enforce, preferring something that is self-ptdicing if possible He also concurred about the significance of noise as a factor on a two (2) acre propertv Fnt.-ler added that o^hn but would be moved outside for starting, idling and Chair .Mabusth inquired about the consensus of the Planning Commis.v m on this mailer at its recent work session. Jurgens summan/cd the consensus was that the existing anie was satisfaciorv- as it vvould eliminate non confommig uses, rccogni/ing that noise impacts arc a b:g concern even when the large commercial vehicles are stored inside. Chair .Mabusth expressed her view that tire Code sh.'mld not be amended Mrs. rimm stated that the truck idles very slowly when leaving arriv me to the propertv. and that there is a lot of other iralTic noise along Co. Rd 6. too. She added they had been given remission to a^ntin^ue to park their vehicle on their propertv after the last ordinance change G.iffron explained the City Council allowed an inflmnal six month grace period after the November. 2003 enactment which vvas now- expired but no ordinance enforcement was going to be undertaken until the City Council determined if it w as going to amend the Code. Mrs. Timm reiterated that the dump truck was necessary for their livehhcHHl and not a boat and ihev were confonning until the last amendment change ^ Chau .Mabusth remarked that ‘grandfathering’ would be the onlv method to allow the fimm’s to continue to park their large commercial vehicle on less than five acres unless there was rationale for amending the ordinance Jurgens moved, Fritzler seconded, lo recommend denial of the proposed /onlng Code Section 78-15*77 (C ) (2.\) - 5 acre requirement for storage of vehiclei >14,000 lbs. CVW. \ OTE: .Ayes 7, Nay 0. Darrell and Karin Anderson, applicants, were present. Curtis presented the application requesting front y ard and siuc yard setback vanances in order to rebuild a home. She stated the applicants were infomied of the required 30’ side setbacks and adv iscd to redesign their plans to meet those setbacks on both side lot lines os the proposal would be rcv icvv ed as a rebu jld^he property owners felt that there is a hardship due to the relative naimwn^.. Page 12 of 22 ~ MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JUNE 21. 2004 6:00 o’clock p.m. (7. H04-302S Darrell E. and Karin II. Anderson, 925 Old Long l ake Road, Variance. Public Hearing - continued) of their lot, as compared to the lot depth, and that the proposed house is the most cfTicicnl use of the property. Curtis Slated staff found, with respect to maintaining the nonconforming west side setback and creating a nonconforming cast side setback and a nonconforming front setback, there is no hardship to support these variances. A reasonable home can be configured to best maximize the allowed buildable area, fhe allowed buildable area is 40'x 410*. Additionally, staff felt that as the applicants are rebuilding their home, there is no hardship to allow the three nonconforming acccssor>- buildings to remain in their nonconforming locations. Darrell .Anderson, applicant, explained the front yard \anance desenbed in the stalTreport, which they received only two da>-s ago. w as a surpnsc to them as it had not come up at the pre-application review meeting with staff He indicated that it could be dealt with through re-design. He presented a brief family history of the property, noting that they now are comerting from rental property to the house becoming their pnvate residence. Chair .Mabusth asked for public comments. There were none. Chair Mabusth opened the discussion to Planning Commissioners. Rahn asked for confimiation of the lot width; Mr. Anderson replied it was 99 5' wide with a proposed building width of 40*. Mr. Anderson explained they intended to re-use the fireplace and chimney, retain the basemen! well and retain the graxity-fiow sewer connection He emphasized the house orientaiion had to be parallel to the road due to the cast slope Chair .Mabusth asked if engineering data was leceivcd for the proposed re-use of the existing foundation. Curtis indicated none was recei\ed. Mr. Anderson ad\ ised he was a retired Professional l-nginecr (P E ), though not a stnictural engineer, and pointed »»ut the proposed house would be a single story building over the existing foundation Frit/ler commented that w iih a long, narrow lot and existing building pad. all new construction has to fit within the existing budding footprint, and that be was not in favor of come beyond the existine fiKMpnnt ^ / b Kempf concurred 'vith Fntzler. However, he asked the applicants if they had considered new construction that would orient tow ards the adjacent MnDNR open space Mr. .-\nderson responded that such orientation would allow for no backyard space, would require a new drveway with more hardcover As the house is now oriented, they have the benefit of a nice backyard. Chair .Mabusth indi'-atcd that she had a difficult time accepting a side setback of 7.9’ where 30’ is r,.quiicd. Mr. Anderson responded that a fencing placement error years ago tesulicd in the creating of the 8 ’side yard, but that they view ed it having no negative neighborhood impact, in fact, it w ould be a positive impact returning the home to a pnvate residence with an improved structure. Pagel3ci'22 L_ MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21. 2004 6 00 o’clock p.m. (7. tf04>3025 Darrell E. and Karin H. Anderson, 925 Old Long Lake Road, >'ariaiice. Public Hearing ^continued) Rahn summarized ihc appliconi's proposal lo tear doun the existing 1 'i storx- house ofTof the foundation ana replace it with a single story house is in reality not a rebuild but new construction. And as such, comphance with setbacks is a prominent goal of the Planning Commission CafTron inieijecled that the ratio of volume of new construciion to existing in this case is 90“o new construction, therefore from staffs ’ perspective there is no justification for the hardships as the application is actually a total rebuild. Chair Mabusth added that there is no data to confirm that the existing foundation is acceptable Gaffron Mated that engineering data had not been requested yet but would do so w hen the .ipplication becoines more stable. Chair Mabusth stated the setback vanancr- could not be approved when there are other siructural building options for Ihc lot. She re*commcnded the application be tabled to allow the applicants an opportunity to consider revisions Mr. Anderson questioned if acqumiu! trading for 3o’ of propertv to the west sideyard to help enlarge the building envelope would benefit the application. GatTron responded that additional side propertv would solve the side vard setback problem, and |xMcntially could clean up the propen.v issue across Ihc road from the subject property However, the property to west (which is less than 2 (»acres) would become smaller, thougli the aggregate properly between the two properties would remain the same. Gaffron asked the Planning Commission to indicate their position of potentially increasing a non-conforming lot si/c while solving a property road nglit-of-way issue to the north side of the pro* e y. Rahn pointed out it is key lo know what would be let) of the neighboring property and if setbacks would be compliant after a loss of 30’. It was a consensus that acquiring 3u’ would allow the proposed apnlicaiion to meet sideyard setbacks as long as Ihc westerly property remnant conformed to the 30’ Sideyard setback, loo. Gaffron asked the Planning Commission for its recommendation alunit the minimal encroachment of the existing structure within the 50’ front yard setback. It was a consensus to recommend the applicant remov e the old foundation under the existing screened porch. Gaffron indicated then the application, w ithout variance requests, would potentially meet the new administrative approval ordinance for lot area and width approval standards. Mrs. Anderson asked for the prccedure if they were not able to acquire additional property. She was advised the application then would need to return lo the Planning Commission with an option within the buildable envelope and meet setback standards. Leslie emphasized that give i the volume of new construction the properly would need to meet setbacks. GatTron explained that any construction beyond the existing walls and roofline would require a variance, including adding a 2’^’ story. Chair Mabusth summarized that with the proposed pmperty addition of 30’. the application would meet setback standards and would not have to return lo Ihc Planning Commission. Page 14 of 22 MINLTTES OF THE ORONO PLANNING COMMISSION MEETING MONT)AV.JL^E21.:004 6:00 o'clock p.m. (7. #04>302S Darrell E. aad Karin II. Anderson. 925 Old Long Lake Road. \’ariance. Public Hearing - continued) Curtis asked the Planning Commission to address the nonconforming accessors- buildings on the subject property. It was confirmed the number and square footage of accessors structures was appropriate, but three of the accessors* buildings are nonconforming with respect to setbacks. Chair Mabusth recommended the nonconforming accessors structures be moved to comply with the 10* setback standard or be remov ed. She recommended the structures would not have to meet .etback requirements until the Certificate of Occupancy is issued for the house. Mr. Anderson indicated they w ould agree to tabling of the application to allow negotiations to take place to purchase trade for 30’ corridor of additional property Chair .Mabusth moved, Kempf seconded, to table Application ii04-3025 for Darrell and Karin Anderson, 925 Old Long Lake Road. VOTE: Ayes 7, Nass 0. Gaffron advised that follow ing the proposed property acquisition a lot line rcairangement process would be rc.iurirJ. Cun.s extended staffs' apology to the applicants for not advising them about the need for a front vard setback variance. Chair Mabusth recessed the Planning Commission at 9;02 p ni and rccomeiK l at 9 10 p m 8. it04-3026 Anthony Sequira Co. on behalf of David Pomije, 801 Tonkawa Road. .After the Fact Variance. Public Hearing (9:10-9:11 p.m.) Chair Mabusth announced that neither the applicant nor his represeniaiiv c w as present. Chair Mahustb moved, Rahn seconded, to table Application 804-3026, Anthonv Sequira Co. on behalf of David Pomije, 801 Tonkaw a Road. \’OTE: Ayes 7. Nay 0. 9. 804-3027 Brensball Development on behalf of Thomas James Properties, LLC, S\V Corner of Old Crystal Bay Road and Highway 12, Sketch Plan The following applicant representatives were present: Steve Johnston. Landform. Bill Coffman. Brenshall Dev elopment. Ben Nelson, architect designer, and Gene______. I.cGran Homes Gundlach referred to the current City moratonum for any development of 2 units per acre or more and that no formal application v ould be accepted until the moratonum is lifted. However, the City- Council indicated that allow ing this sketch plan (Old Cry stal Bay N’illagcs) to proceed through the process may help the City better understand what changes need to be made to the Zoning Ordinance to be prepared for this type of dev elopment. Gundlach introduced the sketch plan for a 50-lot residential plat of property abutting the southw est comer of Old Crystal Bay Road and Highway 12. The proposal ii>cluded development of a horseshoe Page 15 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JUNE 21.2004 6TX) o'clock p.m. (9. #04-3027 Brenshall Dcvelopnwiil oa behalf of I bomas Jam«s Properties, LI.C, S\V Corner of Old Cry stal Bay Road and Highway 12, Sketch Plan > continued) shaped roadway sysiem with access off of Old Cry stal Bay Road. The property is located within the Metropolitan Urban Serv ice Area and would be sened with public sanitary sewer and water The she is extremely flat and open w ith a w etland compnsini; approximately 4.00 acres of the total area of the plat. An existing single family residence exists on the 1811 acre piece, which is proposed to be removed. The other existing single family residence at the comer. 595 Old Crystal Bay Road, is not part of Uic plat. For more detail and staff rcxominendations. she referred to her staff report, dated June lo. 2004. and included in the Planning Commission agenda materials. Gundlach indicated the properly is guidal for a mixture of urban single and multi-family residcniial uses at a density of 2-4 units per acre. She deferred lo the applicant's representatives for a sketch plan pre.sentation Steve Johnston. Landfomi. initiated the sketch plan presentation of Old Crx stal Bay \'illages. acknowledging that though the city is currently under a moratorium for any development of 2 units per acre or more, the proposed project is being allow cd to undergo sketch plan rev lew. He described a brief site history and explained their view of the site and how it would meet a housing market segment not served m Orono. Ben NcLson distributed matenals to the Planning Commission and staff illustrating the site plan, cross-sections, perspectives and house ivpes. He conv eyed their goal was to create a neighborhoivd V illage feel, blending old ami new architectural features with low rooflines to break the scale •Mr. NcIsAin stated the extenor house finishes would have stone and color varieties with no "taupe- town" colors Mr Johnston explained that due to site constraints and design purposes there is some need for small lots and closeness. Tlie sketch plan proposes 4 units per acre density with 45’ building w idths and 6’ side setbacks on the garage side and 10’ side setbacks on the house side for a combined 16’ side setback. Mr. Johnston slated the appearance of these houses side setbacks would be better than those in the recent Stonebay development. He indicated there were no planned impacts to the large wetland on the site, though a small wetland would he mitigated. It was empha i/cd the proposed density is permitted by the Community Management Plan (CMP) and is not at townhouse density levels. Chair Mabusih asked for infonnation about the house plans It was explained that the house pads would be 1800 s.f. w ith a COO s.f. garage for 2 or 3 vehicles Chair Mabusth asked about the structural coverage calculations. Gundlach advised that *'^crc would be about 28"o structural coverage assuming an average building pad and not me ing the wetland acreage. Gaffron pointed out the proposed sketch plan does not fit into the average 2.5 optimum unit per acre density guided by the C.MP. He recommended the Planning Commission should view the entire 50- 60 acre area, which w ould include the Dumas’ property, instead of evaluating the properties separately. Gundlach concurred, indicating that the proposed 4 unitvacrc on the subject property may restrict what eventually could be done on the remainder of property guided for 2-4 units per acre. ^ Page 16 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JL'NE 21. 2004 6:00 o'clock p.m. (9. #04-3027 Breuball IHt ciopx «nt om behalf of Thomai James Properties, LLC, SW Corner of Old Cr>slal Bay Road Highway 12, Sketch Plan - continued) Chair Mabusth commented that the proposed exterior house elevations appeared attractive and there w'as general consensus to her comment. Rahn questioned how average units for density calculations could be determined without penalizing the remainder property. Mr. Johnston acknowledged the C.MP guides for 2-4 units density range w ith a 2.5-acrc average preferred. He emphasized the proposed sketch plan is in the 2-4 unit range. When asked by Chair .Mabusth for her opinion regarding real estate market issues. Berg indicated she could not respond as she may have a potential for a conflict of interest w ith the subject property. Jurgens requested the applicant's representatives provide the Planning Commission w ith locations of housing developments w ith similar densities for the members to view. Mr. Johnston and Mr. Coffman suggested two locations in Eden Prairie and .Mound. Chair .Mabusth referred to the existing high water table known on this subject property. Mr. Johnston explained the proposed site plan would require fill from the Hw y 12 construction project or the houses would nei^ to be built at slab/grade. Jurgens emphasized it was important for the Planning Commission to be provided w ith site examples in order to gain more understanding of the project. Mr. Coffman affimicd that examples w ould be provided to the Planning Commission. .Also, he advised that about 6-8' fill would be required for the proposed project and would result in the road being higher than the existing grade. Gaffron commented that views from Hwy 12 could be problematic, similar to the experience at Stonebay. Jurgens requested the applicant provide on elevation from outside of the development to illustrate the back of the buildings. Chair Mabusth initiated discussion of the Issues for Discussion included in the staff report: 1. Although the plan proposes 4.0 units per acre, arc the goal.s established under the CMP addressed? It w as a consensus that the sketch plan did not address the C.MP goals. 2. Could the City benefit from a development such as this? If so. should the entire properly be developed in this manner, or should this 13 acres incorporate more than one style of house? Chair Mabusth asked why the proposal did not include townhomes on Hwy 12. .Mr. Johnston explained towiihomes on this site were not viable as a community. Rahn suggested the site include tw in-home doubles, as an option. Kempf added that he w os familiar with a site in Savage that included views, walkout style houses and had adjacent less expensive housing styles sharing amenities. Chair Mabusth concurred w ith their comments regarding the benefits of mixed residential uses. 3. Is the issue of mixed use of single family residences and tow nhouses addressed? Should this property develop under one single use? Page 17 of 22 MINUTES OF THE ORONO PLA.\NING COMMISSION MEETING MONDAY. JUNE 21.2004 6 OO o’clock p.m. (9. M04-3027 Breashall DcvcfopincM Ml behalf of Thomas James Properties. LIX. WCoraer of Old Cr>'ifal Bay Road and llisbway 12, Sketch Plan - contiaoed) Chair Mabusth indicated this issue had been addressed. 4. Should the City allow the properly to be developed wiihoui de\ clopini* ai Icasi a **\ ision” ofhuw the Dumas pie'. to the w cst might be included'* It was a consensus there should be some kind of connection between the properties, that it should be evaluated as to how the fill elevation would impact the Dumas property and existing uses to the w est, such as the orchard, and what sound barriers and butters would be needed for the dc\ elopment. Leslie and Jurgens slated they assumed there would need to be cyclone fence adjacent to the Hwy 12 right-of-way S. If the Dumas property develops a townhouse use. arc there possibilities for negative transitions througli this proposed dev elopment? Gundlach noted the applicant's intention w ith the dead ends at ihc western boundary of the plat is to provide access for the future dcvelopniem of the Dumas propeny. There is some risk in allow ing tins properly to develop, specifically the roadway system, w ithout at least thinking how the Duma.s piopcrly might develop bearing in mind tiie intentions with the CMP. The CMP has guided both properties for the same tni.xcd use at an ideal overall density of 2.S units acre. She advised there is a need to consider transitions and access issues. Leslie wondered if the developer was concerned w ith their propo.sed project's street becoming a thoroughfare for the Dumas propeny. Chairs Mabusth requested Mr. Jolmston prepare a sketch plan for the Dumas propeny. 6. Arc the setbacks proposed reasonable? Can the site support 50 single-family lots? Chair Mabusth stated that w ith standard setbacks and buffer areas, the site probably would not support 50 single-family lots. Rahn commented that the CMP guides for 2-4 units per acre, but w ith using the maximum of 4 units per acre instead of aiming for the 2.5 average units per acre, he questioned if it is what is wanted in Orono. GafTron remarked that to achieve 2.5 units per acre, it probably would result in a mix of single and townhouse units. Jurgens added that the single-family homes could become part of the tow nhouse association. Mr. Johnston remarked that there were difTcrences, such as exterior maintenance, garbage collection serv ice, lawn mow ing. between single family homes and townhouses that would negatively affect association management. Also, he noted that the expectation that backv ’ards were priv ate ^aces was a significant difference. GafTron pointed out the public area could abut some of the w etland area. Fritzlcr added that without the proposed trail, there appears to be no access to the w etland. no outlet for emergency vehicles or other public vehicles, except across private land. Page 18 of 22 ___J MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21,2004 6:00 o'clock p.m. (9, M04-3027 Brcnshall DevcIopmcBt on behalf of Thomas James Properties, LLC, SW Comer of Old Cr>'slal Bay Road aad Highway 12, Sketch Plan - continued) Fritzler asked about the exterior finish proposed for the houses' sides and rear. Mr. Johnston replied those sides would be sided w'iih ‘hardy planks'. Gaffron remarked that with the moratorium, minimum standards could be dc\ eloped. 7. Should the developer he encouraged to develop a plan that includes tow nhouscs along the adjaceni right-of-ways and develop single family lots in the interior? Chair Mabusth slated this issue had already been addressed. 8. Should the wetland be treated as an amenity to be shored with the entire development? Chair Mabusth stated this issue had already bwcn addressed. 9. With development at a density somewhat new to the City, to protect the aesthetics of the existing rural development, and also to protect future ow ner's of these properties, would specific exterior finishes for the buildings help lessen the density impacts? There was a consensus ihal specific exterior finishes for the buildings would lessen the density impacts. 10. Arc there any other issues or concerns w ith this application? Gundlach pointed out the current plan show s approximately a 13' front yard setback when measured from the edge of the right-of-w ay. Under this setback a large vehicle has the potential to overlap into the right-of-way by 8'. Staff w ould recommend that a revised plan incorporate a 30' front yard setback measured from the edge of right-of-way and/or sidewalk c;iscment. Mr. Johnston responded that a 30’ front yard setback, larger rear yard setbacks, wetland buffers, a public right-of-way plus a SO' drivew ay would render the site unbuildable. As part of the moratonum, there w as a consensus that a standard should be included to not allow vehicles parked in driveways to extend over the sidewalks, as well developing other appropriate standards. Rahn questioned the driveway encroachments. Mr. Johnston explained their decision to not use 'zipper' lot lines and that by turning the house pads, it resulted in the encroachment. Chair Mabusth questioned the proposed structures' rear setback, especially adjacent to Hw y 12. Mr. Johnston and Gundlach confirmed the proposed rear setbacks w ould be 50' on existing Hwy 12, 30' on the bypass and 35’ on Old Cr>-stal Bay Road, all are typical of .5 acre rear yard setback standards. Gundlach pointed out the subject property is adjaceni to major roadways and encouraged the Planning Commission to consider if ^e current minimum standards were appropriate. Gundlach suggested a buiTcr yard be implemented to alleviate problems on high traffic areas, such as artcrials and collector streets. Page 19 of 22 'T— •.1- • - MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JU*NE 21,2004 6:00 o’clock p.m. (9. #04*3027 BrcBthall Dcvciopmeat on behalf of Thomas James Properties. LLC, SW Comer of Old Crs'stal Bay Road and Hi|Eh>«ay 12. Sketch Piaa - contiaoed) Chair Mabusth staled her position that the proposed sketch plan needs to reduce building pad sizes, to provide areas for the future decks or outside play areas, and asked if the three*sta1l garage u as a necessity in this density neighborhood. Mr. Johnston replied that often the third garage stall reduces potential outside storage problems. Chair Mabusth requested the applicants to show proposed house decks on the sketch plan. There was consensus to not permit any outside storage at all at this density. Fn/tler added that there should be no antennas allow ed. Chair Mabusth summari/cd that the Planning Commission had serious concerns about the proposed density for the sketch plan. Leslie obser> ed that there appears to be an underlying conflict of interest between indicating the City desires to have higher density housing development and a discussion that is indicating aiiNihing but describing low er density neighborhoods. Try ing to establish parameters w ithout context for appropriate standards, w hat is marketable or viable could result in a developer agreeing to standards that result in a failed neighborhood, lie suggested that a planning consultant should be hired to advise the City in the development of appropriate guidelines and standards. Leslie summarized that he thought the dialogue was more about not knowing w hat is not wanted, not about what is a viable plan. Gaffron added that staff supports the hiring of a planning consultant to assist in the process. .Mr. Johnston mentioned that already tw o months have elapsed out of the six-month moratorium and asked w hat w as its status. Gaffron explained the City Council and Planning Commission need to set a date for a visioning session, hopefully with a planning consultant. He indicated that it is unlikely the process w ould be completed by the end of the original 6 months timeline. Jurgens commented that the housing styles, expanded exterior color range. landscaping and public gathering spaces were all positives. However, he also was unsure about accepting the proposed density and did not support the shorter driveways with vehicles extending over the sidewalk. Chair Mabusth and Rahn concurred with Jurgens’ comments. Chair Mabusth concluded the discussion by repeating the request for a concept design for the Dumas property w hen the matter returns to the Planning Commission. PLANNING COM.MISSION COM.MENTS 10. REPORT OF PLANNING COM.MISSION REPRESENTATIV ES ATTENDING CITY COUNCIL MEETINGS MAY 24,2004 AND JUNE H, 2004. Fritzler reported on the May 24,2004 City Council meeting indicating that all Planning Commission matters went on the Consent Agenda. Chair Mabusth reported that the Reliance Development (Stonebay Commercial PUD) and the O’Shaughnessy shoreland restoration with boardwalk_______ Page 20 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JUNE 21,2004 6;00 o’clock p.m. (10. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING CITY COL’NCIL MEETINGS MAY 24,2004 AND JUNE 14, 2004 conliiiurd) applications was considered at the June 14,2004 City Council meeting. Council Member Liaison Lili McMillan explained her position on the Stonebay proposal about opposing the trafTic layout between Walgreens and the neighboring retail building. She had concerns about parked vehicles backing out of parking stalls into the traffic lane, consequently blocking and slo^^ ing the traffic lane. Also. McMillan summarized her position on the O’Shaughnessy application to allow the boardwalk over the shoreline restoration vegetation as a valid hardship to access the lakeshore over the restored area. II. OTHER ISSUES FOR DISCUSSION Jurgens referred to a training session he recently attended at whieh a participant questioned w hether a conditional use permit for height is legal or docs it have to be rc\ iew ed and approved as a varianec. Gaffron provided the standard definitions of conditional use permit and variances. Gaffron reported the I.a/niai7 application for 120 Brown Road South («04-30I6) wa.s tabled by the City Council on June 14,2004 in order for the members to conduct a site \ isit of the subject property Further, it appears the City Council supports the designation of an Outlot \ersus consen ation easement over private property. The matter would return to the June 28,2004 City Council agenda. McMillan noted the site's environmental issues with Long Lake Creek taking its waters to Lake Minnetonka, requirements for shorcland protection and susceptibility of creek bank erosion from run off rate and quantity issues. She indicated her support for requiring all roof Momi w ater drainage to be diverted to the street, which leads to water quality treatment and storage in the prupt'sed stonn w ater pond. Gaffron referred to a staff memo, dated June IS. 2004, noting the following three topics; • Stonebay Townhomes Exterior Appearances - The developers agreed to have their architect provide draw ings of some upgraded extenor design changes (incorporating a number of PC’s punch list features) for staff review , and agreed to incorporate whatever changes w ere agreed to. • Gaffron announced the Planning Commission work session is set for July 7.2004. Jurgens and Leslie advised they are uiuvailable on that date. • Gaffron acknow ledged the recent resignation of Jeanne .Mabusih from the Planning Commission, effective immediately. Chair .Mabusth expressed her regrets but indicated her resignation was necessary due to personal extended family commitments. Gaffron advised there is no date set for the Joint Meeting of the City Council and the Planning Commission. Page 21 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21,2004 6:00 o’clock p.m. 12. APPROVAL OF MAY 17,2004 PLANNING COMMISSION MINUTES Ralia moved, jHrfcat lecooded, lo approve the Minulet of the .May 17,2004 Plaaalag ConmUfloB mcctiBg. V’OTE: Ayes 7, Nays 0. 13. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JUNE 2t, 2004 AND JULY 12,2004. June 28,2004 • Roland Jurgens AOJOURN.MENT July 12.2004 • David Rahn Ciair Mabaslli moved, RaliB secoaded, lo adjmirB the PtaoBlBt CaBMBissiM Bwcliag at ll:17p.Bi. There being no further business to discuss, the meeting was adjourned at 11:17 p.m. Jeaaae .Mabusth, Chair Page 22 of 22 Page I of 1 Janie* QuiNllaeh From: Mike Oalfron aent: TueMiay. June 20, 2004 12 37 PM To: Janice Oundiach. Melanie Curtis Subiect: FW July PC agenda FYl. Sandee has a few thoughts on this application Michael P GafTron Planning Director City ofOrono P O Box 66 Ciystal Bay. MN S532J (phone)9S2-249-4600 ((»)9S2-249-46l6 -Origeiai Message* Fireni: San^a Smith [malltoismlthcom^goldengate.net) Sent: Tuesday, June 29. 2004 10:39 AM To: Mike GafTron Subjectr July PC agenda Mike, I see that Wayzata Country Club la asking for a variance to further encroach on the Luce Line Trail for constnjction/reconoonstruclion of a maintenance building I am opposed to any further encroachments on the trail. As you know, I am familiar with the Trail In this area This is becoming an increasingly busy trail corridor with a variety of multiple uses; I believe we should keep to the ONR setbacks and if this is actually "new ” construction. I would like to see the country cKib meet the SO' setback (I think this is consistent with previous dectsions regarding setbacks in general, although we don't often deal with Luce Line Trail setbacks, in particular } I can't attend the meeting (I'm teaching again on Mornlay evenings), so please share my corTvnents with the PC commissioners Sandee Smith 6/29/2004 Neighbors For A Better Navirre (A BOt for profit corponitkin) do 2497 KELLY AVENUE EXCELSIOR MN 55331 Tel: 9$2 4T1 irt Fa%: 952 4’l IIS4 CI ’VOFO m'O.'vo July 10.2004 City of ()rono 2750 Kelley Parkway I'.O. Uox 66 Cry stal Bay. MN 55323 Attention: Planning Director. Planning Commissioners and City Council Members Re: Applkatioa MM>.3029 - Proposed eocloscd eniryway at .3423/.VI25 Shoreline Drive., Navarre. This corpt»rdlion represents many a*sidcnis along Kelly Axeiuie and el>eul>ere and I write on their behalf. I he subject building already has uk > many variances and we fail to see the necc.ssily of granting further variances. Secondly , hut most importantly, it would appear that this entry way will or may serve the existing how ling alley. It is our opinion that the legally nonconforming use of the bowling alley lost its status on or about June 1. 2odl. I he Uix>no Ordinance dtvs mn allow a bowling alley in the whole of the City and this particular one presumably exists because of the pro\ isiuns of section 78-71 which allows that a nonconforming use on January 1. 1975 can be continued subject to certain provisions. .As this use was in existence at that dale then we presume that it has continued because of the provisit>ns of this section. One of the provisions of this section is that **Whenevcr a lawful nonconforming use of a structure or land remains diseontinued for a period of 12 months, any future use of such structure or land shall be in conformity with the pros isions of this cltapier*'. (sub paragraph 5). >^’e bring to your anention that this bowling alley has been closed since June 1.2003 and consequently the structure or land must comply with the ordinance which does not provide for a bowling alley. I11 >' ^ If the City grants this application then wc request that the grant contains language that the granting thereof in no way conrirms or implies that the bowling alley still enjoys its status as a legally noncorming use. Yours sincerely. Austin H. Evans Presided. Neighbors For A Balter Na\arrc