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Home My WebLink About11-17-2003 Planning Packet* ORONO PLANNING COMMISSION iMoaday November 17,2003 6:OOP3I 27S0 Kelley- Parkmy - Couacil Chambers AGENDA CouDcil Representative: Mayor Peterson AUDIENCE MEMBERS: Please sifn in for the public record at the front podium if you nish 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 advisory body to the City Conncil. If action is taken on any items on this agenda, they will be scheduled for the December S, 2003 City Council meeting unless otherwise noted by the Chair. CONSENT 1. ii03-296d Timothy and Kelly Mahoney. 2760 Pheasant Road. Variance (StaiT: Janice Waalaja) OLD BUSINESS 2. #03-2917 Winfield and Nancy Stephens. 350 Crests iew Avenue, N'ariances (Staff: Janice Woataja) 3. #03-2935 Scott and Kara Hutton. 1835 Shady^ood Road, N’ariancc (StafT: Melanie Folh) 4. #03-2951 Judith and James Pierpont. 1849 and 1801 West Farm Road, Lot Line Rearrangement (Staff; Mike Gaffroni 5. #03-2953 Raymond and Nylene Newkirk, 1489 Shoreline Drive, N'ariancc (Staff: Melanie Foth) SCHEDULED PUBLIC HEARINGS 8:00PM 6. #03-2966 Orono Zoning Code Amendment, Sections 78-1491 (h) and 78-1577, Regulation of Vehicle Storage in Residential Districts. (StafT: Melanie Foth) 8:15PM 7. #02-2829 OronoZoningCode Amendment, Sections 78-71 Regulation of Nonconfomiing Uses and Nonconforming Structures, (Staff: Mike Gaffron) NEW BUSINESS 8. #03-2950 David and Tara Gross. 2635 Countryside Drive West, After-The-Fact Variance (Staff; Melanie Foth) 9. M3-2W6A David and Judy Zoschke, 21M0 SIUMl)-ivMd R miC Administrative Appeal (StafT: Mike GafTron) 10. #03-29S9 Timothy J. Lattemer. 2032 Shad>-wood Road, Variance (Staff: Melanie Foth) 11. #03>296l Nina Wildman. 745 Spring Hill Road, Preliminary Plat (Staff: Mike GafTron) 12. #03*2962 Robert and Joanne Swit7., 1740 Shadsv^ood Road, V'ariance (Staff: Janice Waataja) 13. #03-2963 WJM Properties, LLC. 2605 West Wa>nta Bonkvard, Commercial Site Plan Review (Staff: Janice Waataja) 14. #03-2964 Bnice and Kris Paddock, 3250 Foi Street, Preliminary Plat (Staff: Janice WaaUya) PLANNING CO.MhIISSION COMMENTS 15. Report of Planning Commission representatives attending Council meetings October 27, 2003 and November 10. 16. Other issues for discussion. 17. Planning Commission approval of minutes for October 20.2003. 18. Selection of representatives for City Council meetings on November 24.2003 and December 8,2003. ADJOURNMENT Public A ttendance .MeetingDate ^ i 1 2 l □ C ouncil Planning C ommission □ ParkComsiission □ Other____________ NAME (please print) Please filloltthe imormation reqi:csted BELOW rOR OUR CITA’ RECORDS. ADDRESS PRESENT FOR (from agenda) N AME OR NUMBER 1. . r /V / 4’/'' ,;'r>c’ i / 2. P P c~< ' //a-/,.,. ;-/.;,■■,V :: ■■) /' M i ^7ibc) Pj}(ciic*9f:/ /tJ OB'2-^^o 4. r^Ltv ]A. j 'i.k LuJl u /'Jr^C l A^tn 5.' ^ie>Av. K^vWs is\o*\C ^ - 2‘i ^ 6. 6 J U) VaJI^u. #aA ./\^ ( 7. ^jNCu. ^ ^-2 V-> ^Ar-j ■< itV. D 1 tv./ f Ttt. . C~ .. ^ > ^ t —^ ^ * i J 6 ^ V. 1^ \ . i J " ji au'L . l _ [ 4 i (. '2r \< r JL,. jL.. fi.. .c , -J/f 4 -r^ /II. Jx.vtMi Lbl:__-J : ) *T>- .v-^ 12. 13. 14. IS. Mcmouwdim Date: November 14.2003 To: Planning Commission From: Janice \\ aataja. Cily Planner]!^ RE: Project 03-2958, Judd Dayton, Rencual Variance Request Stall has completed a preliminaiy review of the existing accessory structures on the Da>ion property to examine whether or not the bam located at 2885 Little Orchard \\ ay can be added to the estate at 825 Old Cr\stal Day Road. Mr. Dayion ha.s requested additional time so that his altome>s can examine options which would allow the bam to remain. Staff has allowed the lime extension and the request will be heard at the January Planning Commission meeting. Staffs preliminary findings are as follows: 1. Allow ing the bam to remain in it's current state would require a CUP to allow an oxersized accessory structure, a variance to the accessory structures section of the ordinance which states only one oversized acces.sory building per parcel (one already exists), and a variance to allow greater than 6.000 square feel of total accessory structures one property (see attached ordinance). These planning actions arc required whether 2885 Little Orchard Way is combined with 825 Old Cry stal Bay Road or the bam is merely moved to 825 Old Cry sul Bay Road. 2. Requiring the bam to be reduced to under 1.000 square feet would eliminate the need for the oversized accessory building CUP and associated variance but sull may require a variance to allow greater than 6.000 square feel of total accessory structures on one property. 3. Requiring the bam to be rcdaced to 832 square feet or less would eliminate the need for any of the above mentioned planning actions Staff, at this point, feels option <»3 is the most appropriate due to the nature under which the original v ariance was granted. The applicant has stated he doesn't intend to build a house at 2885 Little Orchard Way and therefore. es.scntially. makes the original variance approval null and void in stafl's view. Stall has informed the neighbor which appeared at the Planning Commission meeting that the application has been delay ed until January. Mr. Hoyl wanted the attached comments to go on record. Fnclosures: Section 78-1434 Neighbor ’s Comments cc. Mike Gaffron. Planning Director Sec. 78-1434. Area mtrktioBs. In all R districts, no accessor>‘ building shall exceed 1.000 square feel of footprint area; except that accessory structures in excess of 1.000 square feet will be allowed under the following conditions: CiJ? Not more than one oversi/ed accessoiy structure (OAS) shall be permitted on any propertyT ^n oversized acccsson. structure is defined as an accessory structure of footprint area in excess of 1.000 square feet, except that the following nonroofed accessory structures which exceed 1.000. • uaaa ^uu^iujcs ^.AVvvU I. square feet footprint area are not considered as o\crsi/e accessory If if smKiures. but are subject to the special setback restrictions of section 78- ^ 1404: Tennis courU. b. Pools, when pool basin structure (excluding noncncroachmenl-type patios) is greater than 1.000 square feet. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following lahle: \J§u^i0Jr\L<7 '/r^ Lot Area (Ktes)NU^tmum ltuli\idual AccnMir> Structure Fooifvrim Area (vjuare fceO Maximum Alloucil total of All Acce>M>r\ Structure FcKitprmt .Areac* on a Propertc (vtuare feett 0~l 99 1.000 3.tttK» 3 0O~3 UU 1.300 3 44»0 3 0I-3 50 1.400 3.100 3 51-4 00 1.600 3,300 4 01-4 341 I.MW 3 600 4 51-3 00 3.000 4.fX)4> 3O|-«0U 3.300 4.400 601-700 3.400 4*00 70I-S00 3.600 5.300 101-9 (Ml 3.S00 1 5.600 901 or more 3.000 i 6 UW • Excluding nonrixjfed tennis courts, pools, paddocks, arenas Any oversize accessory structure shall be subject to the following conditions: No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the properly, and no such accessory structure shall be located less than 30 feet from the side or rear lot L.. line regaidless v^lieiher less strict principal structure setbacks ■pp*y 1 he nuLximum height for such accessor>- structure shall he 30 feet or the defined height of the principal residence structure on the property, ^che\ er is less. Such structure shall be allouvd only u-hcn the property owner agrees and covenants in writing with the city as follows; 1.No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the cit)‘ in its subdivision approval may grant a finite time period in which the oversiz^ accessory structua* may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessor)' building. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owrners and shall be filed in the chain of title of the properly. (Code 1984, § 10.03(9KC)) Janice Wait^ja - RE: Dayton variance From: "Slava HoyT <ahoytOrailplus com> To: "Janice Waataja" <Jwaatfl^Qci orono mn us> Dale: 11/13/03 10 33AM Su^aet: RE Dayton variance As I tMad. one of my coTKams is that Mr Dayton would drag this process on for an axtefKied period of time As he stated in the meeting "I doni care if this process takas S years " The Planning Commission seemed to say that they expected this review and resolution to occur in a timely manner, and the 30 day period should be enough WHh Mr Dayton's request for more time, he has effectively turned a 30 day peiiod into a 3 month delay And judging from his statement at the meeting, we can probably anticip^ more delays I want to go on record as objecting to this delay Thisisnia complicaled issue The bam is an eyesore Ifs been there since Mr. Dayton purchased the property 2 years ago. and the variance allowing it to be there has expired The only people being adversely affected by this issue are the property owners (namely me) who live on that block Mr. Dayton cani even see the Bam from his estate Please pass my comments on to Mr. Dayton and the Planning Commission I will give the Daytons the benefit of the doubt that their intentions are not to unnecessarily delay this issue But I reserve the right to take affirmative action in January 2004 if this matter is not resolved pursuant to City Ordinance —Original Message — From Janice Waataja (maiito; Jwaataja^ orono mn us] Sent Thursday. November 13.2003 9 45 AM To: Steve Hoyt Subject RE: Dayton variance Mr Dayton has requested additional time to allow for his attorneys to review and comment Therefore, ttw application is postponed to the January 20th meeting (this is a Tuesday due to the hohday. no meeting in December) The report is still is draft form unbl we receive Mr Dayton's attome/s comments I will forward the final draft to you when the report is complete. »> "Steve Hoyf <shoyt©reitplu$ com> 11/13/03 09 1S/\M >» E mail is fine Thank you <Onginal Message — From Janice Waataja [maiito JwaatajaQci orono mn usj Sent Wednesday. November 12.2003 2 26 PM To Steve Hoyt Sutijeci Re Dayton varivice Staff has done the research regarding the over-sized structure and will make a new recommendation to the Planning Commission at the Monday. November 17th meebng I can email you the staff report Friday afternoon once it has been delivered to the Planning Commission members Jmio WaMija • RE: Dayton varianca Page 2 and mailad to lha appicam I aill plan on doing that unless you instruct me diftorantty (marling the report to you Friday » also an option) Once you reoaiva toa report tael free to contact me at (952) 249-4623 with questions. Thank you. »> "Stove Hoyr <shoytOraitplus com> 11/11/03 09 51AM >» Has there twen any progress regarding this variance application? As I understood the Plartning Commission, the City was going to detennine over-sind structure issues regarding the ad)acent Dayton homestead, to see wham we go. A 4400 B 4000 C 3000 D 3200 E 2800 E 2400 G 2000 H 1600 I 1200 J 800 K 400 0 ORONO fLANMNG COMMIVSION MmA k IT. 2MI * MP\| I'lm r»Tfc»M -1«—cil C%tmhrr% A(.»ND\ iUfmttttnea At WfVf MPMSTKI: Plr*w «(■ la hf «• paMr rrcartf il lk« fraal ^Mai rf m >hk la aMrm IW naaaiat raaianwa AppAtaaw a« b« aa«4 la aw«( la CW tnmi UM* M aa*»«f IW rk«* laaaaa rn ih* appiMMjaa. Ifc* PlaaaMf t aai tiiUa I* aa a««i*M« ku4> m iW Cmy f'aaanl II attlaa It UMa aa my ItrtM aa *n actaAi. iA«« am k* wMaM Im ttt »aTia*it R mi 1 Ht ( aaani avttam aalrtt alkfntltf aalH In Ik* IAak. I M)-iaa« TMMMk> anj k.lU MjIomo PM rWwMi RaM. Vanjr«.r iiua iRBcaWaMRal OiOBl-SIVESS ! aal-laiT lti»r>tlJand^inc> sicplir^t )*a< rr>t«lra %traar.\jriMn iwn JjMccWuUiji MaflM 1 Stott Ml K«tHaiu^U)«MLa<}«aadlUj4i.VtnaKC iSufT SIctRMroili) Mjr C4 4 aaviast iuj.th MllamPtonami. ItiaaaA IHI «ttl raraillaa4.laltM* Rrjnan^niMM iSuir MAtCtnivol SlipH-l ) aal-jaSI R4>Tn.<«ljnJS>lcnc^r*i''l. Ua*>Sliofrlmrl>(l»r, Vatiam.' iSuir Mrijnia 3v4>l Mjf 1-4 M III IH 11 II mu H III 3HIMA • wrM 6 ao) ;aaa ntivm/oiuniCoJr Vmnhtmrnt. SmtaotTa-Uai Iklaatl'l I5TT, Rr^ulalMMiaf VtlM!cSli'it|f n Rrtt>kfii>il tliUiuti. Melanie fuih> I DfM T M2-2I14 e>ono/onu»|C«lf \moxlmcia. S*tUaa»T».T| Rryaljlinn u( Si rtufiloenung I'tet mI Nor.imfi>iin>n| Stnaluett. iSufl Mile GiUrtwii SI* IKSISISS I a«>-}tM OindMl TifiGtot*. MMCaaair>tl(l«Drl»» »«!. Aflet-Thc 1*1 ViriMtiSun MaUatcfait* MapM « HS:iMA Da«tdiMl)iiil)>ZMciifc<.l»MSkj4}«aa«ltaa4.AdnrtitUr«nf Appeti iSuil Mikr ntlTitMil Slap C4 10 a«).:«4a TiRvahv I Lanemer. 20U SkaAtaaod Road. Vmmc iSialf Melaintloilil SlapC-V II aavmi Nina WiMman. T4S Spela| H« Road. Prcluiuii«> Plal IS an MAcCaRruol SlapK-] U ad3-2aa2 Roken anJ Iujmw Smt/. ITM Skad««oM Raad. N arunc iSun Jamet WaaiAal SlapC-l IJ ••MHJ WAIPraptitMt.UC.laASWniWattauRaoktard.CoaoBmulS.ic PUa RatMtt iSuir taoKC WaR^ai Map 1-2 H ••HSW Bnnr aitj knt Padiluck. )2S0 l«t Seem, Prel.m«ur> ^la: iS’an lamer W aaia, II .Map D-S PtA-SMSC CO.SAUSS10.N COMSU.MS IS RrpawaPPl —|Co ^A>I anJ SotcB*rt 10 Ik CMct luon 1.0 diKouaiai IT Planmn|Camai.tw>aapr(otal«lawMn(arOtiakrTl0. MOl II SrktiK^oricrmmuittttfcrCdyCatanlaMrtaanaa OacroAtt 1.2001 ctancikldipCotnulkMctiopIXitAcf IT. 24.2001 iml AlUOULSMrST N*»tabcr I7.20U Paftl«fS DMtAfplkatiMllcc*ivt4: ONt AypHcHiw C»«ri<trt< i C—phte: ia-22-t3 lUirtew Ptriod Etptots: 12-21-«S Chair Smith and Planning Commission Members Ron Moorse. City Administrator Fr««: Date: Sabjcct: Janice Waoiaja, City Planner November 12.2003 03-2960. Timothy & Kelly Mahoney. 2760 Pheasant Road - Front Yard Set^ck Variance - Public Hearing Zosiif District: Lot Area: LR - 1B. One Family Lakeshore Residential District (1 acre min.) 0.75 acres (32.796 s.f.) AppttcatioH Summary: Applicant requests the follouing variance to change the roof line fiom 4/12 pitch to a 7/12 pitch and to add a covered entry: 1. Front y^ setback variance to allow a front yard setback of 29' when 35* is normally required and 33' currently exists. SUiff Rtcmmmndation: Staff recommendations; I. Approval of the front yard setback variance due to the existing non-conforming setback, that the encroachment only includes a roof and is not enclosed, and that the 60’ total right-of-way is excessive and still allows for adequate separation from the hou.se to the paved read of 50'. Fcriteent Zonbig Ordiaaacc Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be obscrv cd: Lot Area (aert)jLjiWKiih(rccf)Free! VarS Side Yard Adjacent u> Another Lot (feet) Rear Yard (feet)Side Yard Adjacer.i v | Street (feet) 1 i 140 SS 10 30 i 35 List of Exhibits Exhibit A - Application Exhibit B - Adjacent Property Owners' Acknowledgement Form Exhibit C - Hardship Statement Exhibit D - Existing Survey Exhibit E - Proposed Survey Exhibit F - Hardcover Calculations Exhibit G - Proposed Elevation Exhibit H - Proposed Floor/Roof Plan Exhibit I- ExhibttJ- ExhibhK- ExhibhL. Exhibit M Exhibit N mytrn Nmcnber P. 2M3 Pafc2«rS Proposed Foundation PUn Proposed South Side Elevation - R^/East Side Elevation > Photographs - Property Owners List - Plat Map Backfreuad The existing home sib at a front yard setback of 33 feet when 35 feet is required in the LR - IB zoning district. The house was constructed in 1952 and there arc no variances on file for the property. The property Is located on a comer lot and at the end of the Pheasant Road cul-de-sac which extends to Lake Minnetonka but is not considered a lakeshore lot. The applicant has a dock as part of the Pheasant Lawn joint use dock agreement LOT ANALYSIS WORSHEET Li At—/Width! LR-IB Lot Area Lot Width Required 43.560 s.f. (1 acre)140 ’ Actual 32.796 s.f. (0.75 acre)174 ’ LR-IB Required Existing Proposed Front 35*33’29 ’ Rear 30 ’125 ’125 ’ Leftside 10*38*38’ Right Side 35’42’42’ StES£ill£lL£211£Ell£I Total Lot Area Total Structural Coverage 1 32,796 s.f. (0.75 acres)Allowed. 4.919.4 s.f. (15%)!Proposed: 3,074 s.f. (9.4%) M0J.2H0 No%tinber P. 20tJ p«gc4Qrs of house placement and sight lines up and dov^n the road\%ay. Because the proposal vvill not be enclosed the uniformity- issues will not be affected. Lastly, the 60* right-of-way of the road is excessive compared to the 50’ right-of-right for m<Mt local streets throughout the City. The boulevard in the front yard of the property is 20 ’ where usually 10* to 15* would exist on a typical local street. Because of this the house and proposed co\ercd entry wouldn’t appear abnormally closer to the lot line than that of any other home in the neighborhood. Alro. staff has found covered entries to be common throughout the City and surrounding cities for that matter. They pros ide safer entry to the house in the winter months and ^ng r^'n. Many cities allow a cov ered entry as an allowed encroachment and staff will be c.xamining this issue for discussion at a future work session. Staff would make the following recommendations in regards lo the criteria for “undue hardship** pertinent to this application. 1. ’The property in question cannot be put to a reasonable use if used under conditions allowed by the ofltcial controls.* .-I covered entry would not be allow ed without \ ariance approval 2. ‘Ihc plight of the la.-Jowner is due to circumstances unique to his property not created by the landowner.* The excessive right-o f-w ay w idih is unique to this propern Also, placement of the home ahead of the front yard setback is unique to the neighborhood but not out of character due to the excesshe right-of-way width. 3. -The varixnce. if grar.ted. will not alter the essential character of the locality * Should the variance be granted the essential character of the neighborhood will notbeaffected This is due to the excessive right-of-way and that the proposal is for a covered entry rather than a totally enclosed addition 4. *Economic considerations alone shall not constitute an undue hardship if of ihe Zoning Chapter." 5. -Undue hardship also includes, bu: is not limited to. inadequate access to direct sunlight for solar energy sy stems. N'ariances shall be granted for earth sheltered construction as defined in Minnesoui Statutes. Section 116J 06. Subd. 2 when in h3rt»ony with this Chapter.* .Vor applicable k 3oard of Appeals and .Adjustments or the Council mav not permit as a Sot applicable •03-29M N«»cMbcr r.lMJ PagtSafS 7. "The Board or Council may permit as a variance the temporar> use ofa one-family du-elling as a mo-family dwelling." \ot applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 77te excessive right-of-way and placement of the home ahead of the required front yard setback are peculiar to this lot 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." Most other homes in the neighborhood meet the required front yard setback The applicant‘s home doesn V appear closer than those around it due to the \% ide right-of-way. and therefore these conditions are unique to this property 10. "The granting of the application is necessary for the preserv ation and enjoy ment of a substantial property right of the applicant." The applicant could not achieve a covered entry without approval of this application. \ 1. "The granting of the proposed variance w ill not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zonina Code." This proposal will not impair the health or safety of the general public and will not be detrimental to the Intent of the Zoning Code. 12. "The granting of such variance w ill not merely serv e as a convenience to the applicatt, but is necessary to alleviate demonstrable hardship or difficulty." Granting of this application is necessary to alleviate the hardships described above luvcs for CoBsklcnitiofl 1. Is a co\ ered entry a necessity warranting variance approval? 2. Will the covered entry create any visual problems from the roadway? 3. Does the e.xcessive right-of-way have any pertinent relevance with this application? 4. Should the applicant be required to remove 48 s.f. of additional hardcover other than the rock on plastic as proposed (if not, hardcover would be at 25. !*/•)? 5. Are there any other issues or concerns with this application? Staff Rccommcndatioo Approval of the front yard setback variance of 29' when 35* is required due to the valid hardships of the existing non-conforming front yard setback, the excessive right-of-way, and that the covered entry will not have any negative visual effects from the road. EXHIBIT A AppIntiM» 0'^-^9L'C cmr OF ORONO - variance application Initial Applicatioo Fee $230.00 ($50.00 per each additional variance) Renewal Variance Fee $130.00 (no change from original applicatioo) Variance for noo-cooforming structures $250.00 After-the-Fact Fees (Double application fee) Date Received Amount Paid PROPERTY' LNFORHA Site Address 27iO moN , c/e /mv Property Identification Number fP.l.D.l Z^y’ JT Attach legal description to application if not included on required survey. Date Pro pyitv Acquired JC ^___________ 1 (do) ^oncM^lso own the adjacent parcels of land. _(monih year) Present use of properw: X residential Zoning District! _________ .other (^tecify). APPLICA.NT Name Address: .2? L tt h/r £1 Phone (home) _____ Phone (work! Zg fixesA/oje zio-jaas/ OWNER (if different than applicant) Name Address:City:. Phone (home). Phone (work)_ DESCRIPTION OF REQUEST Estimated Construction Cost %JQOCOQ_ Describe request in deuil: StC. Attogj^eA gVicgtr _______________ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width 2^ Setback; ^ Front __Side __Other (specify)__________________ Hardcover .Lot Coverage __Rw ___ Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code reouirements: ___________ (attach additional sheets if necessary) ■#2930 required SUB.%UTTALS AU >f «lf fariffnlin informafton muu b» «.h »,itted hx n» ... .for vour >ppijc atkin lo h* ^niid#ri^ ■PP»Mngn dfllllillf ditf |n ffrtff 1. 2. 5. 6. — Completed Application Form — Skcche. or plan, of Hoo, & el,.otion vi«, n, " — Lui of the legal names (mclude mariul sianu) of ill perioiu within 't * ■ ' v propert)-. This would include narae(s) of aorIicanrfs»*^T,?^ ^ As an addendum to this application^please aiSich a siLteyou wish notified of this application^ separate l.s: of any other persons — Additional ite;r.s as may be requested by City staff. APPLICANT'S SIGNATURE Xp:;. ttsX'St.” "‘t;" »■ *' consultant expenses incurred in review of this application and * °and or supplied IS true and^^pnacL^e best of his-her wJdge. ^ ***“* information Applicant's Signature'^i^^^^J^V^ ,o OUTVER’S signature " \__ entry onto the proj^°b>'a ” *$ufr ^suhalfu aS”* c" reasonable memben for PUH>os^43tion*a^reL^^^^^^^ Councilmembers for Purpe-S^^ation*.^^^^^ Owner's Signatdre - pjte IQ QC\ QW. Applicant must have submfnals into the^^ . Meeting. Planning Commission Meetings are held on the thir^M * Planning Commission i^i.. - ’ 'ir, •■ ■ ■}f. r EXHDITB \ Adjactat Property Owacn* AckBowIcdgemcBt Form I (we) 5^/Juf ____________of T'TZG AJ [pfint ^toe(s)][print address] *f«n^ implement or pr^^ use of the property located a: I (we) understand that in executing this ackrowledgement, I (we) am (are) not asked to declr: approval or disapproval of the property or use but merely to confirm for the City Council tha: I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council aporoval. Ptopoty Owner Property O-vner Date I (we) _Bids/rJ of ^79^ /id (print namc(s)] [print address] proposed imp^emrat or propo^ use of the property located a; 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council tha: I (wej^ (are) aware of the improvement plans and that the proposed neighbor's project or use —Council approval. Date Property Owner Date If >ou have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building it Zoning Olfice at least 10 days pr;r to the scheduled meetirtg date. c J Adjict.« Pra^ Owim’ Actaio«Mttw.t ronn (w.)«(«)T« ,f UK • requifct Council approval. ^ *n« we proposed neighbor's project or use ^94A Date Property Owner Date ■14- Property Owner Date Adjiccat Property Owocn* Ackaowlcdgcmcot Form I (we) » glmU of grits' RA [print name(s)] [print address] have reviwed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No._______. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Property Owner ^-----L^/ /C/>______________Date / / ^ ' Property Owner Date I (we) i’ So^/c (print name(s)] 2-73a [print address] proposed improvement or proposed use of the property located at I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) a.-n (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval.I council approv (i/'JL. »vk^L y/OwTier 7Propcrty/OwTier Date 4^ ProperprDwner Al Date If > :u have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 •:W pnor 0 A4«cat Fropcrty Owaen* AdaowMgcmcot F«m ‘ ^ -ir-yg^ cf 22zr- /BA (prim naine(s)] [pom tddffjj] ^SX^ti'!‘£SST, Siris ^5S s; '“«•*“ unp„v«„«« pl«„ „d u.„ ft.or use Property Owner Property Q^ner / Date /o/^/o5 la /(fto - Date f I (we) /Jla^A^O^ of ^799 0ice^t,u^ ^ (pnnl name(s)l Sprint eddresjT -------- °;pg - 0^-y .0«.d ,. or use ^QXt»XlA4^r Property Oww ^Date Property Owner Date If you tov, «y iBfonn.tion dat miy ft- CiQ, in *. miew of Uui Und f.e :.v- - •. oU A4|Mrat Prtpcrtx OwBcrs* AckaowMfCfliCBt Forai I (we) t/cifiJL of ^7?/ feJ [print naine(s)] (prim address] have revii^ the plans for the proposed improvement or proposed use of the property located at rnlflVtriT fil eiso referred to as Lard Use Application No.________. I (we) imdersta^ that in e.xecuimg this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use bin merely to confirm for the City Council that I (we) am (are) aware of the improvement p*.a3S and that the proposed neighbor's project or use requires Cou^ approval. ^03 Date Property Owner Date I (we) (print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ---------------------------elw referred to as Land Use Application No._________ I (we) understand that in exeauiag this acknowledgement, I (we) am (are) not asked to d«Iw approval or disapproval of the property or use but merely to confirm for the City Council Property Owner Date Property Owner Date yo« j»ve any information that may assist the City in the review of this Land Use r 1 CXHIBITC ■AHMHIF/DESCRIPTION or UNUSUAL ntOrERTY CONDITIONS: pi4eJn ^mA /WASC*^ —flAjCZGSxL-ifiML AiiJtoI. rr£>^ jn hi afuejr.^A 4n '/*j^Jt ^ 'ftt. /kuJ> ^ Atik <U€ £i^ij£_y2ilL-ii^ffiZiifc —jZ3fasL-y2i3fi4^fl2— ^gLhL^U/i/Z A/itai ^ /^tJjffl /»>l/t ^ii€. ’/%lS ^/‘/oAAl £ata-^ftc Z*/)t^neJ VJ^ .-T_- ^ * /^l£ ^aOUAi^ Azit^ AittAl€tig^ <4rtr^ ^fJi.49 9 ti9^ V /Sfltexrl ^ ljAjAA ^ ^Zzt<^. Z^a^A^l /Z" ^•>i4MJrJ >»✓• rZuc^-Aa DESaumON OF REQUEST: 4tij^^cJ- *7i r: y r.vtkA^m f/z2^ ptifJifA noa^ uJt'Hy _____________________7/t^ A fd:P~ “7^ /»rc^ie ol ___ - -- ________ r •» i-rv— ».•:-._ ■ ' ■» ■; BtdMM EXlmiTD CERTIFlifiTI or SURVEY FOR TIM MAHONEY IN LOT 2. RLOCIC 1. YALE SMILEY ADDITION. AMO LOT 18. *rHEASANT UVN" HENNETIN COUNTY. MINNESOTA uiAA m mm mm tmm* mmm •••>*««• rn^rn mm mmm mm m mmmm mmm • s- ^NdOODCIiaSOCUTCir. V y tMiflCiBaat #2F -r*. *. t • . . EXHmiTE 1- "V* • ;• ^•4 •:.. - v: Tiiv EXHIBIT F. 4-i€-as HARDCOVER CALCULATION WORKSHEET SmACK ZONE: (CIRCLE ONE) 75-230' 250-5C0' IXISTINC HAHaCQVTR IN ^ A H oum ________ M ■ UI?, Law. 500-1000* Wi«!t B. Oarage C. Dnv'eway D. Sidewalk E Petio/Deek F. LandKipe UoderUin By Plastic Or Fabric 0. Other total hardcover in zone total property area in zone A _____________ * B xioo PROPQgED HARDCOVEB IN 7.r>Nr/ A House wieci B. Oarege C Driveway X • X D. Sidewalk E Patio/Deck F. Laadseape Uedcrlair. By Plastic Or Fabric 0. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE A _ ♦ B xIOO SF. SF. SF. .SF. .SF. .SF. SF. SF. SF." SF. SF. SF. SF. SF. Vj SF. SF. SF. SF. ’S-F." SF.!sf. SF. SF. SF. :sF. S-F. SF. A SF. B H l/A -ft’ 1 ’-• - V**- .•s, ■' •• ' ***^'.’ . ••;. . i.A- <i: . I V. ■!k -iy ^•iC-03 ------------------ • . /^-*7-0S hardcover CALCULATIONVVORKSHEET IXISTINC HABDCQW^Ji ^2^ “®*SOO- fOO-lDOO A. Koum f,w r, L.SX R<£ASANr Law B. Oara|« C. Orivrvay D. Sidewalk E Patio/Deck F. Landscape UedcrtaLn By Plastic Of Fabric 0. Other total hardco'/er in zone * total PROPERTY AREA N ZONE ^- - - - - -• 0 proposed Ha RDCQVFB TKynvr♦ A House xlOO Ur.rS WidUl B. Garage C. Driveway D. SIdewa’Jc E Patia/Deck F. Landscape Underlain By Plastic Or Fabric 0. Other total hardcover in zone total property area in zone * *• ^--------------------^ B ^XlOO 1305 e^tSTr -SF'HaySL .SF. .SF. vwat ,S.F.-Cor<, Aevjs SF -3Wd>croP SF CT'>.£. w^U S F • e ^rgps S.F.-A'c $tji$ ST-OtOtC s F. - ■-•i< 'S.F. SF. cc-W?oD TtA^ 65.25 27 rrto SF. SF. y. 3^7*^ S F. S.F.^4o/^/Vt Ao ■s.F.dtwC /h.tA) S.F. J3PS sf.Ac A-^^ _S.F. • .SF>/d.5/c3 _s.F. OccJc , .sFfeek o, SF. SF. SFa«fD77AtAe ^876 7 ?7C •M,Q5 .S.F. .SF. H 1- l' h •. V...MjI^-•v ;.- 1—I—^'-1, -■■— ■ -••■. I - I - I ' ■' --= u • r -n // ft .1. ’.*. •* V*v* * ^ ‘ ' !()\ Omr ViM4/ «f 4ht' HWM^ wmm 4 •v'lfcs^BsaK^i' zr«' jv :X' v ;L/» / » Ij » ♦<»>-, '* •!' .r, y-f • m g v.'. •• 'oi*,ii[?ii^- - 'A" I ■’v* ‘:-V^ $ \ ^Siii ‘ 3 * ^ .v» i ?pt". . ‘ ’.. .'. —~~E;.T '-^■./ ■;.'_ '- .^ -, . I . Mk3.2«r o Nv«ciib*r I7.200J Pagt 1 «r3 DMt ApflkaliMi Rtctivtd: •-lS-«3 Dal* AppIkaMoa CoasMcrad as Coaipitic: S-S43 M>Day lUskw Period Eipirts: 1(M^ encoded to To: Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Janice Waataja, City PIanner|J\fJ Date: November 13,2003 Sabjcct: #03-2917, Winfield & Nancy Stephens. 350 Crestvieu Avenue - Variances - Public Hearing Zoaiag District: LR - I A, One Family Lakeshore Residential District (2 acre min.) Lot Area: .455 acres (19,817 s.f.) Lot Width: 203 feet ApiMcatioH Stmmary: Applicant requests the following variances to construct a new residence on a lot subject to a 75* creek setback: 1. Lot area variance to allow a residence reconstruction on a .455 acre lot when 2 acres is normally required. 2. Front yard setback variance to allow a front yard setback of 30* when 50’ is normally required. 3. Side >’ard setback s'ariance to allow a side yard setback of 10' when 30’ is normally required. 4. Rear yard setback variance to allow a rear yard setback of 30' when 50* is normally required. 5. Hardcover variance to allow 45% hardco\er in the 75-250* zone when 25% is normally allowed.______________________________________________________ Su^HecomumtHdatUm: Staff recommendations: 1. Approval of the lot area variance to allow a rebuild of a .455 acre lot in a 2 acre zoning district. 2. Approval of front, side and rear yard setback variances due to the .455 acre lot size locat^ in a 2 acre zoning district. 3. Approval of the hardcover variance request to allow 45% hardco\er in the 75-250’ zone due to the limited area in the zone._____________________ _________ EihibiU Exhibit A - Revised Site Plan Dated November 3.2003 Exhibit B > Revised Hardcover Calculations Exhibit C - Revised Floor Plans E.xhibil D - Revised Elevations Exhibit E - Revised Roof Lines Exhibit F - Planning Report dated August 14,2003 Exhibit G -Notice of PC Action dated August 21.2003 •03-Wlt Nv»c«bcr I7.2MJ P«tt2*fJ This application uas originally heard before the Planning Commission at the August 18. 2003 meeting. At this meeting the applicant was proposing the plan shown as E.xhibit D of the Planning Report dated August 14. 2003. At the Planning Commission meeting the applicant’s proposal was tabled to allow for the applicant to redesign in conformance with staf& recommendation which was as follows; 1. Approval of the lot area variance to allow a rebuild of a .455 acre lot in a 2 acre zoning district. 2. Approval of a front yard setback varia.^ce to allow a front yard setback of 30’ when 50’ is normally allowed. 3. Approval of a side yard setback variance to allow a side yard setback of 1 0’ when 30’ is normally allowed. 4. Approval of a rear yard setback variance to allow a rear yard setback of 30’ when 50’ is normally allowed. 5. Denial of the creek setback to allow stniclurc in the 0-75’ creek setback zone. Because the project was being reviewed as a rebuild, the applicant was instructed to redesign a footprint which docs not extend into the 0-75’ creek setback. 6. Denial of the hardcover variance for the 0-75’ creek setback zone to allow 2.7®/o hardcover when 0% is normally allowed 7. Approval of a hardcover v ariance for the 75-250’ zone which would allow for the buildable area as shown on Exhibit H of the original planning report due to the limited amount of buildable area existing in the 75-250’ zone. The applicant has submitted plans which meet the above recommendation. The footprint of the proposed home meets the 30’ front yard setback, 10’ side y ard setback and the 30’ rear yard setback. Also, the applicant has removed all structure from the 0-75’ creek setback zone when 325 s.f was originally proposed and has proposed hardcover in the 75-250' zone at 45% when 44% was originally proposed. The applicants proposed footprint also meets the structural coverage requirement as 12% is proposed when l5“/o is allowed. Issiica for Couldcratioa 1. Is the hardcover percentage in the 75-250’ zone acceptable? Or. arc there opportunities for additional reductions. 2. Are there any other issues or concerns with this application? Staff RccoBiiBciHlatioa Approval of the revised proposal, as submitted and shown on the plan dated Nov ember 3. 2003, which consists of the following variances; 1. Approval of a lot area variance to allow a rebuild of a .455 acre lot in a *• acre zoning district. 2. Approval of the front y ard setback variance to allow a front vard setback of 30’ when 50’ is normally allow ed. 3. Approval of a side yard setback variance to allow a side yard setback of 1 O’ when ^ • i L MM9I7 N*vtn»b«r 17,2MJ rifltjars 30*biKMiMUyaUo««d. Approval of a rear yard sctlMck variance to allow a 30* rear yard setback when SO* is oonnally allowed. Approval of a hardcover variance to allow 45% hardcover in the 75-250* zone when 25% is nonnally allowed due to the limited amount of area in the zone (6,580 s.f.) and the large amount of unbuildable area on the lot (12,000 s.f). 55'0 CRESTVIEW AVENUE NOV 05200s cntoFcmoNo SETBACK ZONES (CUtCLBONE) \frAMnnnvKm iMwnitnt A, Homt- BAMJ^OV^MM^ilXnnATJON WORKSHEET 07^ T570B' 25.VW EXHIBIT B 500-iOOO' 3^ , S.F. S.F. ST. B. Conte C. AfflWHHW S.F. SE. D. SUemOk B. Foriomeek S.F, S.F. S.F. ST. F. Landscape VndeHaln ByFlastle OrFabHe ST. ST. ST. G. Other TOTAL HARDCOVER IN ZONE -ST A r/(C//Xili J AKLA /jV -12.0 00 ST. XIOO m 'l.'Tl % PROPOSED HARnmVER IN TONE A. House X * .n ST.UniA X KAk ST. X a.S.F. X ■■S.F. B. Carate X S.F. C. Drivewcy X S.F.••X a*S.F. D. Sidewalk X S.F.X •S.F. E. Faiio/Deck X S.F.X m S.F. F. Landscape X S.F.UnderlaLt X a.S.F.ByFlasric X m S.F.OrFoMc G. Other X • S.F. TOTAL HARDCOVER W ZONE -d ^T.AtVSAL. ritVreJUZAKLA uezoNE -n,ff?>o ST.a ♦ B XlOO m /y % Zma * ------------------------------ ----j A. How- B. Garage X C. Drivew^X X D. Sdewalk X X E. Pado/Deek X X F. Landse^XUnderiaUtXBgPlesticXOrFeMe O. OAer total HARDCOVER iNZO^E - TOTAL RROPZRJYAREA IN ZONE ^--------------------+ B QJbO n-ib proposed HARnrnv^K ix vr A. House wl xioo m B. Carcge C. Driveweg X D. SldeudSk X E. Pcdo/Deck F. Lardsccye X VnderteLt JT By Piesde X Or Fabric C. Other X SF. S.F. _5.F. _5./l _S.F. _S.F. _5.f. ,S.F. _5.F. .S.F. .S.F. S.F. ^S.F. nSbs.F. A .tr % 7WXL A4JU)C01TX IN ZONE TOTAL PROPERTY AREA LSZONE ^ ----------------— + B 5.F. JT/OO ^ S F. B IIQV U ) ooto^onoNO exhuitd HHH { wifflfciMn^T £c€V^T»»ii< V.*. / * Tjor~ TO fSCOVED N0V 03 2inS CnYOFORQNO Li.Mifi r J .<uiw.*. I NOr TO S6-/H.E NOy 03200] anroFOROMo .kuan^ NOVO32O0 GnYOFanQNo r- VltCtIVED NOV 03 2003 GflYOFORQiyQ EXHIBIT F •0J-WI7 rage I or? Date AppUcatioa Rec«l«<4: i-IMJ Date AppMcattoa CaatMetad as Caaipitte: t-S-«9 40-Day lUvtew Period Eipim: 10-443 Chair Smith and Planning Conuninion Members Ron Moorsc, City Administrator Fron: Dote: Svbjccf: Janice Waataja, City Planner]^ August 14,2003 003-2917. Winfield & Nancy Stephens. 350 Cresniew Avenue • Variances - Public Hearing Zoaing District: Lot Area: LR - 1 A. One Family Lakeshore Residential District (2 acre min.) .455 acres (19,817 s.f.) A^lcation Sununary: Applicant requests the following variances to construct a new residence on a lot subject to a 75* creek setback: 1. Lot area variance to allow- a residence reconstruction on a .455 acre lot when 2 acres is normally required. 2. Front yard setback variance to allow- a front yard setback of 30* when 50* is normally required. 3. Side yard setback variance to allow a side yard setback of 10* when 30* is normally required. 4. Rear yard setback variance to allow- a rear >-ard setback of 28* when 50* is normally required. 5. Creek setback variance to allow- structure to be setback 68 ’ from the creek when 75’ is normally required. 6. Hardcover variance to allowr 2.7% hardcover in the 0-75* zone when 05o is normally allowed and to allow- 43.75% hardcover in the 75-250* zone when 255t is normally allowed. ____________________________________________________ Stqff Rtcommendalion: Staff recommendations: 1. Approval of the lot area \-ariance to allow a rebuild of a .455 acre lot in a 2 acre zoning district. 2. Approval of front, side and rear yard setback variances due to the .455 acre lot size located in a 2 acre zoning district. 3. Denial of the hardcover variance request to allow 2.7% hardcover in the 0-75’ zone to be consistent in requuing 100*/o removal of hardcover in the 0-75* zone with all rebuilds and lack of a valid hardship. 4. Denial of the creek setback to be consistent with not allowing structure in the 0-75* setback zone. 5. Approval of the hardcover variance request to allow- 43.75% hardcover in the 75-250* zone due to the limited buildable area in the zone.___________________________ W-»17 Asritt It. 2003 raft2«f7 PcriiBCBt Z&mimg OniiMSCt StdiMs S^on 10.23, Subdivl^ 6 (B): Loo. The fbUowing minimuni lequirenMiits shall be LotAiei-2ictes.FroolY«d.50feel.SideY«d-a0feel,Re»rYani50 List Of Exhibits A •> Application Including Hardship Statement B - Adjacent Property O^^TKrs* Acknowledgement Form C - Sur\ ey of Existing Conditions D - Surv’cy Depicting Proposal ^ ElevMions ind Floor PUns (rough; does noi entirely match proposed bouse F - Har^over Calculations 0 - BuilWe Area Implementing 2-Acre Setback Requirements H - Buildable Area Implementing Vi Acte Setback Requirements 1 - City Topography Map J - Photographs K - Property Owners List L - Plat Map Backfrouiid The applicant originally submitted a variance application which requested front and side ^^tback '-anances to construct a very substantial addiUon incorporating the existing totw footpnni including a second-story- addiUon to the existing home. The applicant at ^t point h^ 1^ the 75 creek setback line drawn on a survey or calcubt^anv ‘‘1'**“^ *« Wlicant to have the creek setback line depicted on a ' wrvey and to ^ mclude hardcover calculations. The applicant completed these requirements ^ submined a somewhat revised house footprint and hardcover calculations which are both included herein. ^ LOT ANALYSIS WORSIIEET ............................................................................ Lot AreaAVidth* LR-IA Lot Area Ut Width Required 87,120 s.f (2 acres)200* Actual 19,817 s f. (.455 acres)202.90* Ant«tt It. 2M3 raft30f7 StftKte LR-IA Required Eluting Proposed Front 50’39.6’29.6’ Rear 50*36.5' (house) 27.7 (Rarage)27.7 ’ Leftside 30 ’10.6 (garage) 31.5 ’ (house)10.6 ’ Right Side 30 ’n'a n/a Creek 75 ’68.5 ’68.5 ’ Srtucftiral Coverage; Total Lot Area l9,8Ps.f. (.455 acres) Total Structural Coverage Allowed: 2,972.55 s.f. (15%) Proposed: 2,734.425 s.f. (13.8 %) Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Eluting Hardcover Proposed Hardcover 0-75 12,000 s.f 0s.f (0%) 325 s.f* (2.7%) 325 s.f (2.7%) 75-250 6.580 s.f 1.645 s.f (25%) 1,713 s.f* (26.03%) 2,879 s.f (43.75%) * After e.xclusion of fabric or plastic-lined landscape beds Lot Area Variance The applicant is proposing major reno\‘ations which amount to a rebuild. In doing so the applicant must receive a lot area variance to be compliant with current Zoning Ordinance standards. The property was legally formed in 1920 and therefore is a lot of record. For this property to be redeveloped, approval of a lot area variance is a formality. The property is provided with municipal sewer. Front/SIde/Rcar Yard Setback Variances As mentioned abo\-e, this property wtu developed in 1920 prior to the current Zoning Ordinance standards which now result in non-conforming setbacks in the front, side, and rear yards. The property is .455 acres located in a 2 acre zoning district. Many of the lots in this neighborhood are substantially smaller than the required 2 acres. It has been staff policy to re>iew these properties against the setback requirements of the % acre foning •03.2fl7 Aug«tlt.MU Paft4«r7 yard setback. Creek Setback Varkuicc9CHMCK varuuicc Tte • ”■ f™'" • creeV to >dl sL-«tu.-e». •tnicture nuusing u ud . citek setback variance is required for the second Ln . Hardco« er Vartoace ^e?l • •“'*«'« ”riancc is requiredas ucll. Currently 325 s.f. of structure exists in the 0-75 ’ rone. The applicant is ^ pio^sing to a second story uhich doesn't increase the hardcover but adds mass to “ '^ancc. Because the applicant is doing substantial A. 0-75-“o«t eZr.5! ■ • •=' and the majoniy of the area being within the 0-7J- creek setback zone Hardship Statement iSS!^^tSyreg^:I!r:fX“ Hardship AnaKiIa ttuek Staff doesn’t fuid a valid hardship which would jusUfy grenUng a creek setback varia=ce s •03-2917 AMfMl It.lMl piftstr? or a 0-7S* zone hardcover variance. The applicant has submitted plans that show a rebuild and consistently staff and Planning Commission have required full removals in the 0-75 ’ zone. The area of structure in the 0-75 ’ zone amounts to 325 s.f. in relation to the 2,734.425 s.f. house that is being proposed. Removal of structure in the 0-75 ’ zone wx)uld only amount to 1 l.B% of the entire proposed home. The applicant has additional area outside the 75* setback zone to compensate for this lost structure. Therefore, staff doesn't find any hardships which would constitute approval of the creek setback or hardcover variance in the 0-75 ’ zone. Staff finds that due to the limited buildable area outside the 75* creek setback, a hardship e.xists which is inherent to the property. The property consists of 12,000 s.f. in the 0-75 ’ zone and only 6,580 s.f. in the 75-250* zone (refer to Exhibits G and H). Staff w*ould make the following recommendations in regards to the criteria for "undue hardship ’’ pertinent to this application: 1."The property in question caiuiot be put to a reasonable use if used under conditions allowed by the official controls." If the property owner wanted to rebuild, any reasonable sized home would require severed variance approvals due to the limited buildable area. "The plight of the landowner is due to circumstances unique to his property not creat^ by the landowner." The creek adjacent to the applicant's property b a circumstance that b unique to the property and not a condition created by the landowner. "The variance, if granted, will not alter the essential character of the locality." Alar^ of the homes on Crestview Ax'enue are smaller homes on smaller lots. Variances allowing less restrictive setbacks will not alter the character of the locality. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solv energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 1 M 11. M3-2fl7 Aagot rat*««f7 The Bo*d of Appetb and A4|uiiinciis or ihe CouDcU Btty not Deimit IS a Tht uses proposed are uses altou-ed in the LR- lA zoning district. -The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.' ^ Sotappiicabie •Tlw specul condiii^ *pplyin* lo ihe stractm or land in quotion are peculiar to such property or immediately adjoining propert}-.' i"««<«»Tic. in Tht coitions o/smalUr lots y. i,h mn^co^orming »,backs do oo, apply '«i^itlaltty adjoining ^2^'on. t'^^‘‘‘'■^‘dloningcdddionalhardcover in the Zui" ”*""«n'/or the applicant s to construct a reasonable sited Moving struct,aetoencroachinthe-J-creeksetbcct Including hardcover is not necessary when other options are tr.ailable. With this request without eomtmtlT"'"" " *®”" cot fill be •The granting of the proposed variance uilt not in anv way impair health safety c^o^ morals, or tn any other respect be contrary to the intern of the Zoning Tbeg'fXliVofthtlotarea.andsetbackvarlances.eonslstenfuithy.acre r. AppUcatfoo CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures S2S0.00 After-*jie-Fact Fees (Double application fee) Date Received Amount Paid i PROPERTY nsTORhUTION Site Address______tlra.g^T Propeny Identification Number fPJ.D.) Os--//y •/c/ Attach legal description to application if not included on required survey. Date Property Acquired 7-, z.^xdi I (do) tdo no t) also own the adjacent parcels of land. Presen: use of propcrt>': V residential ___pother (spccil>)_ Zoning District: to - .as Ljl -/A-________________ (month/year) APPLICANT Name U/iivf<g.U.* Address: StL______ Phone (home l _____ Phone (work ) 6/a 3oC-.s~^3 City: ^______Zip: OWNER (if different than 8|.pUcant) Name_______________________ Phone (home). Phone (vvork)_ Address:City:. DESCRIPTION OF REQUEST Deserbe request in detail; ___ Estimated Construction Cost S (attach additional sheets if recessary) VARIANCES REQUIRED Lot Area ^ Lot Widi Setback: Front Side Other (specify) ________ Hardcover ____^Lot Coverage _ Rear ___ Average Lakeshore HARDSHIP/DESCRIPTION r s UNUSUAL PROPERTY CONDITIONS Describe undue hardship or pinctical difficulty or unusual property conditions preventing compliance with ZonL^ Code requirerrgnts: co^U .. ■ k Ko tfey.ji Ia^I^ *f« UviLI _______ r^ ^ g*>* tj«♦ I»yi^ ^ rA** o»-»*** (attach additional sheets if necessary) o ^ (fcAvr (iJ A. i ‘ required SUBAOTTALS fw Yoa*!^” •<" innllriHnn il..rfn-. 2 ’ ---- ^ Application Foot >. _ 5- IT*!,'"“ *««■»g* ---- Sketches or plans of floor &. elevaUoo ft P* ^'^ * * *" for reproduction. • ---- List of the legal names Ci::clude marital sinisw'Hn^ ’^ * **’)• foe property. This u-ould L-.cIude name(s) of ainlL^ *'^*^"*^ ^ • ---- As an addendum to this applicati^iLe ovv-nerCs). 8 of this appIiSt!Sn ^ ^u/or consuiUL%t expenses incurred h review o^ thC' .nfonnatton aupplied U true «,d correct to the b«t‘of j:i^2 ’Cowrcdjr Applicant's Signature43-«f^ ^ ^ D--------^ ------------— Date r'yA, OWTVER'S SIGNATURE ^ ' SS5H3SSSS=«“--= O'WaSignature ^^.^Sl j:::^ /-y. | . , . ^ ^r* * > Date ^/>//o_3 JJ 7 1 L ^ Adjacent Property Owners' Acknowledgement Form luwe the plans for die proposed improvement or proposed use of the property ■* C»n»ru»*4»#fc^ also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement. I (we) an (are) not asked to declare nj^^ml or disapproval of the property or use but merely to confirm for the City Coimd that I (we) am (are) aware of the improvcnvnt plans and Uiat the proposed neighbor ’s project or use requires Council approval. //*/, Property Owner Date I (we) [print namc(s)J [print address] have rcvicwLtl the plans for tlic proposed imiirovcnicnl or pro]X).sed use of Uic property located --------------------- also referred to ns Land Use Application No. ______ 1 (wc) undcrsl.'ind tint in executing this acknowledgement, I (we) am (are) nut asked to declare approval or disapproval of the property or use but merely to confirm for the City Council tluit I (wc) am (arc) aware of llie improvemeiU plons and dial die proDosed neishhot's project or use requires Council approval. snours Property Owner Date s CP CERinCATE OF SURVEY FOR C Lte*!. DCScmmoN or pwtMiSES ; lata a 7 aa^ ■ «l»d t»«Ot BOFI lol S. §lock • lATSlCC BTOlTIOM TO liiliCTOMU. Iyl"a •»«<•» •*•'**' *® • : tfMwUt IrBumwMr •MFln«* th*«n •r. »Mt4 ufo" •» 2i*.K';u,l?rs i:t« aM« •»*/ alMf 1nBrov«»»nt« t •ncraaeUmnU. . .•■VS.T'- ■?=-! Ql i fittMTisrp-geT view L g Iffl m ffi ffl a Euv4Tfn Vti ’: (* f)irre«u»fc- «oE YAtp view Wtii f------I^V: I*cRect-s©^*^•r.rtsf .; < : J .;•■ ^ y ------^ rr^iT> -I • »«■ M.A-2. \Jeu. cu. V II 0 ! Ir TAP (t\ A'smru ER m ‘Cus«pii^«>A"’> Floan.PL>>hl ^^^^l‘ ^ Vo '^■’1 (X) CQ =^fc r-WiNFieto Sreowtiss HE f SETBACK ZONK: (CIRCLE ONI) RimnNc Hardcover in zone A. Hoint _____________ HARDCOVER CALCULATION WORKSHEET B. 0«rtf t C. Drivtw^ D. Sidewalk E Patio/Dtek F. LaodKapt Uadcrlaia ByPtasUe Or Fabric 0. Otbar TOTAL HARDCOVER W ZONE TOTAL PROPERTY AREA IN ZONE A _____________ - B PROPOSED HARDCOVER IN 20>fE' A House _____________ X L«n<0i B. Qaxafc C. Driveway D. Sidewalk JL PMioOcek F. Landscape Underlain By Plastic Or Fabric 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_____________* B 75-J50*2S0.S00*SOO-IOOO* 3zr SF X too WAJl 2.7/ xlOO W S.F. SF. SF SF. !sf. SF. ;sF. SF. ’SF. SF. SF. SF SF. SF. H SF. 'S.F. SF. S.F ;sF. SF. SF. SF. .SF SF. SF. SF. SF. ST. ‘ H W!mf>£lO ^6Pmc^< ffr A. Hbust B. Oarage C Oriieway D. Sidewalk E- P»lio/Deck F. Liadseape Uoderti n ByPluUc Or Fabric 0. Other total HA3CC0 VER IX 2C Nr total property area in zone PROPOSED HAWncovER rv 7nvp A Hotae ______ B. Oarage e. D. Sidewalk E. PaUo^k F Landscape t/nderlain By PUsiie Or Fabric 0. Other - £ X • X X X X X X X X T/xx.. hardcover in zone total property area in zone ^---------------- - B W.CJ, 12.7 77^ xICO V. i.t 17 R isflo 14-^/ 47S“ . xlOO • m- SF. SF. SF SF _SF SF. _SF. SF _SF. .SF. .SF. .SF. .SF, S.F.B Peopfi^ Aoomo^ S.F. SF. SF. SF. -SF. _SF. _SF. -SF. -SF. SF. .SF. SF. .SF. .SF. A B o on to OO 1 25.37 WMMD BLACKTOP CMVEWAY PROPOSE!^. O ADDITION^ tas ^DQSTMG - .^AftAGC acA .. ^0* 3 <OUSE -75' SETBACK LINE 3U1UPA6US/4J6A -/• /O' / SCALE / / / / /\ / / / ..M “ . ** ?5W> ‘ ir' ‘J*- ■ /.X. -W.^ - A . ' V* is—tos&/.. '-^<K?i • *J. .'1 Sif''' » ^ ‘ i«i h *•' '« mMsm |H^iSSiliaai ,i.<. - jv:; a»n?^ ^ 11^^ ■;/' ^:v* ■■■ . .-..r SiUiT Vl6W 5.^ C -v>.^a®‘4.4?&-s^E-.i‘r -i': ■ -.xabijs: ^ N-V V ■, ; i*r%- ' v_- ■:*';•«« V SS^V" . i - •> * »'^f* '>.. '" ■ I . . t /,e^f i"0 rawnF frci'wtPT!' n w-'.-rv • ' wi« V .1: Zff..U2.: ‘^ v. • *... sm» r->l i’ r • uv lAtjl I LUkI n 03ll7})f4QOOt paorAom ui« BAV^nofiRO OWNBRNAMt IWWOOCRKLWOXnK TAXPAVn JOHN WWOKmC* KIT LWOKK NAMD/AOOIt JJIOBAVSIDEIIO LAKCLAKF.MN 5S3S6 3S 031171)140010 mOPADOR )• ADDRESS UNASSICNrn OWNER NAME OIARUS M ALORKTIIV HT AL TAXPAYER aiARLESACARUCALDHICH NAML/ADDR 770 CRESTVIEW AVB LONG LAKE MN SS)S« fROPADOR 3t 031172)140011 3t AOORESSUNASSIGNeO OWNER NAME DURLES AUMICNIV BTAL TAXPAYER aURLESACARUEALDRiai NAMC/ADOR 270CRESTVI1IWAVB LONOUKEMN SS)M M 03117231400)0 PROPAOOR SISCReSTVCWAVE OWNBRNAM RABXMNOTONrrjEOOMOTON TAJVAVRR ROaCRT A TAMARA EOOMOTON SISCRBTVIRWAVE LONOLAKEMN S33M )S 0311723140031 PROPAOOR 323 CRESTVEWAVE OWNER NAME WRUAM L SULUVAN TAXPAYER WnjJAM SULLIVAN NAME/AOOR MHIttOEMTAVENilOS BROOKLYN PARK MN 33443 3t 031172314003) PROPAOOR 3t AOORESSUNASSXMEO OWNER NAME BERT L AOOtSON ETAL TAXPAYER MRSALAOOaON NAME/AOOR 3302 BAYSRK RO LONG LAKE MN 33333 SI 0SII723I4I034 PROPADOR M AOORESSUNASSIGNEO OWNCRNAMB BTNRRMAOOtSON TAXPAYER MRSALADOBON NAMB/AOOR 3)R2BAYSnERO LONOLAKEMN 33333 31 0)117231400)3 PROPADOR 3302 BAYSIDERD OWNERNAME ALAOOtSONETAL TAXPAYER MRSALADOBON NAME/AOOR 3302 BAYSlOE RD LONOLAKEMN 33333 3t 031172)140033 PROPADOR 31 ADDRESS UNASSIONEO OWNERNAME ESTHERM AOOtSON TAXPAYER MRSALAOOISON NAME/AOOR 33S2 BAYSIDB RO LONOLAKEMN 33333 M 031172)140037 PROPAOOR 31 AOORESSUNASSIGNEO OWNERNAME ESTHERMADOBON TAXPAYER MRSALADOBON NAME/AOOR 33S2 BAYSIDE RO LONOLAKEMN 33333 33 0311723140047 PROP AOOR 3332 BAYSIDE RD OWNERNAME HARRIET AIIEHL TAXPAYER HARRIET A HEHL NAME/AOOR 33M OAYSIDG ROAD LONG LAKE MN 33336 33 031172)140041 PROPADOR 3340 BAYSlOeRO OWNERNAME lURRIETHEin. TAXPAYER HARRIET A MOIL NAME/ADDR 3341 BAYSIDE RO ROUTEI LONOLAKEMN 33333 30 031172)140032 PROPAOOR 3)00 BAYSK3CRO OWNERNAME BARBARA JOANNE IIUBei TAXPAYER BARBARA JOANNE HUBER NAME/AOOR )3t0 BAYSIDE RO LONOLAKEMN 33333 31 031172)140033 PROPAOOR 320 CRESTVEWAVE OWNERNAME JPLENMEVnRTLLEHMEYER TAXPAYER JOHN A TRUDY LEHMEYER NAME/AOOR 320CRESTVIEWAVE LONOLAKEMN 33333 3t 0311723140037 PROPADOR 330 CRESTVEWAVE OWNERNAJ3E WRSTONENSMETAL TAXPAYER WBW1ELORSTVHENSII NAME/AOOR 3770 BAYSIDE RO LONOLAKEMN 33)33 30 031172)1400)1 PROPADOR 3300 BAYStOERD OWNERNAME SUBPWHITNEY . TA3CPAVBR •UiPWMITNBY ^AMB/ADOR DMBAYSBBRO LONOLAKEMN 35333 Iff -fl ^ •; .r .4^ 2-3 A .IkA. tUN(U1E:VWMU MOI:> represented are an ACCIJRATC AND OFMY knowledge ANDBEUEF. DATE EXHIBIT G cmroFORONo 27St Kdky Parkway P.O. Bai M ZONING HLE: M3-2917 NOTICE OF PLANTONG COMMISSION ACTION Crystal Bay, MNSS323 (9S2)249-I6M D.\TE or NOTICE: August 21.2003 TO: Winfield & Nancy Stephens 3770 Bay^ide Road Long Lake. MN 55356 COPIES: T\TE OF APPLICATION:Variances (lot area, front, side, tear and creek setbacks and hardcover) DATE OF MEETING: August 18.2003 PlasBiBg CoBBiissioa rccooiniciuicd as fonows: Table. Planning Conunission recommended the applicant submit plans including a site plan, elevations, and floor plans incorporating sia^s recommendations for review at the next Planning Conunission meeting. This includes removal of the existing home in the 0- 75* creek setback zone. VOTE:FOR 0 AGAISST Applicant's next scheduled meeting is tentatively set for: PbnalBg Comnisslon - Monday, September 15,2003; meeting starts at 6:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Plarming Commission or Council. If you have questions, please call City Planner Janice Waataja at 952-249-4623. 60-Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on June 18.2003 and considered complete on August 5. 2003. The 60-day review period would end on October 4. 2003. However, because your application was tabled by the Planning Commission to the September 15'“ meeting, the potential dale of final Council action falls after the 60-day period ends (October 13. 2003). Tker^ore, the review period is hereby extended on oddUonot 60 da>*s to December J, 200J. ■ -HMit •03-293S Nov«mb«f4 3003 P«gt1ol3 3 Datt AppUnUM Rccthrcd: 07-29-03 Dale Appikatiea CoaiMcrcd at Coaiplct*: 07-29-03 60-Day Review Period Eipirct: 10-01-03 60-Day Eitcaitoa: 12-03-03 To: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Fron: Date: Sabjcct: Melanie Foth, City Planner November 4,2003 #03-2935. Scott & Kara Hutton, 1835 Shad>’>\t)od Rd - Variance - Public hearing Zoniag Dbtrict: LR-IC, One Family Lakeshore ResidentiaU 0.5Acre Lot Area: ____0.55 acre (24.252 S-F) Application Summary: The applicants previously requested after-the-fact hardcoxer variances and an after-the-fact lakeshore setback variance in order allow a 10* x 12’ shed within the 0-75’ zone and after-the-fact hardcover in excess of 25®o within the 75*-250* zone. Additionally, the applicants were requesting to add a staircase to their existing deck thus increasing the structural hardcover by 42 s.f.. The variance included: 1. Hardcover in the 75*-250* zone of 31.9 % when 25®/o is allowed and hardcover in the 0-75’ zone at 1.7 % when 0*l'p is allowed. 2. Accessory structure within the 0-75’ setback where none are allowed. The applicants have since revised their request. They arc requesting the following: 1. Hardcover variance in order to add a 42 s.f. staircase to their existing deck within the 75’-250’ zone. 2. Hardcover variance to allow a 10’ x 12' shed (additional 120 s.f. hardcover) within the 75’-250’ zone. The applicants are also requesting a hardcover variance to in order to retain 808 s.f. of driveway hardcover which was removed in order to obtain a building permit for an addition constructed in 2000. Between 2000 and 2003 the driveway hardcover was reinstalled. Staff Recommendation: Planning Department Staff recommends approval of a limited hardcover variance with the following stipulations: 1. Approval of a hardcover variance in order to add a 42 s.f. staircase to their existing deck within the 75’-250’ zone. 2. Approval of a hardcover variance to allow a 10’ x 12’ shed (additional 120 s.f. hardcover) within the 75’-250’ zone. 3. Removal of all plastic or fabric landscape liner in planting beds. 4. Removal of all hardcover in the 0-75’ zone amounting to 1.7 ®/o. 5. Removal of the shed in the 0-75’ zone. 6. Removal of additional hardcover to achieve 27®/^« coverage per 2000 building permit conditions (remain at 4.464 s.f). Hardship: Staff does not find a viable hardship to allow the hardcover to exceed 2 “^% in the 75’-250 'zone.______________________________________________________ •03-»:s No»^e«»4 20C3 P»gt2ef3 Pcrtiarat Zooiag OrdinaBcc Sections Sec. 78-1288. Hard cover limiiations. (a) No hard cover or impervious surface shall be placed, located or constructed uithin 75 feel of the ordinar>' high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OH WL. there shall be no greater than 25 percent hard cover. Between 250 feel and 500 feet of the OHUX there shall be no greater than 30 percent hardcover. Between 500 feet and 1.000 feel of the OHWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd scries. § 1(10 56(16XL)). 2-24-1992) List of Exhibits A. PC Memo as of August 14.2003 B. Hardcover removal plan by Concept Landscaping Background This property is situated adjacent to wetland within Lake .Minnetonka. Although the navigable lakeshore, the preperty is within 75* of the OHw L of Lake Minnetonka, therefore requiring the 75* setback. In 2000 the appliewts applied for a building permit to construct an attached 2-siall garage and 2 story addition. At that time staff noted that the property exceeded the 25®« hardcover for the 75--250' zone from the OHWL. The applicants worked with staff and ^ttslSLl^r^'’'" “ In April 2003. it was noted that the driveway hardcover that was required to be removed WroMmatel, 35’ from the In August 2003, the applicants were before the Planning Commission with hardcover quests Md a request for a variance for an accessor> structure within 75’ of the Planiuni Commission to remove the excess 808 s.f. ofh^cover from the 75*-250* setback zone, and with relation to the shed in the ^75 setback the applicants were provided with City Code information regarding a lock The applicants have provided their plan for hardcover removals within the 75’-250* setback zone. They are now proposing to add additional structural coverage (consisting existing deck) and to place the 10 x12 ’ (120 s.f) shed this^. In summ^. the applicants are requesting a hardcover variance to add T5’-250* zone afterthe removal of the 808 s.f required bv the 2000 building permit approval. PagaSors immn Hr C—■Mcnttwi 1. Are there any other isniet or coocoBS with this application? sidriu idatian Ptanoing Department Staff lecoounends approval of the hardcover variance \%iih die following stipulations: 1. Approval of a hardcover \*ariance in order to add a 42 s.f staircase to their existing deck within the 75*-250 ’ zone. 2. Approval of a hardcover \ariance to allow a 10 ’ x 12* shed (additional 120 $.f hardcover) within the 75’-250 ’ zone. 3. Removal of all plastic or fabric landscape liner in planting beds. 4. Removal of all hardcover in the 0-75 ’ zone amounting to 1.7 %. 5. Removal of the shed in the 0-75 ’zone. 6. Removal of additional hardcover to achieve 2754 co\erage per 2000 building permit conditions (remain at 4,464 s.f.). •03 ?93$ Au;.tt 14. 2C03 Page t ol S Date ApfliciIlM Rsnhrtd: 07.294)3 Dal* Apottcafiaa CaasMcrcd as Conplclc: 07.294U 00-Day Review reriad Etpirts: 10-01-03 emiDiTA From: Date: Subject: Chair Smith and Planning Commission M«nbers Ron Moorse, City Administrator Melanie Foth, City Planner August 14,2003 #03-2935, Scott & Kara Hutton 1835 Shadywood Rd - Variance > Public hearing Zoning Dulrict: LR-IC, One Family Lakcshorc Residential, OJAcrc Lot Area: 0.55 acre (24,252 s.f) AppHcatUm 5«miMaiy: Applicants request aftcr-thc-fact hardcover variances and an after-the-fact lakeshore setback variance in order allow a 10' x 12’ shed within the 0-75’ zone and after-the-fact hardcover in excess of 25% within the 75’-250* zone. Additionally, the applicants are requesting to add a staircase to their existing deck thus increasing the structural hardcover by 42 s.f.. The variance includes: 1. Hardcover in the 75’-250’ zone of 31.9 % when 25% is allowed and hardcover in the 0-75’ zone at 1.7 % when 0®/o is allowed. 2. Accessory structure w ithin the 0-75’ setback where none are allowed. Staff Recommendation: Staff recommendations: v' Denial of the after-the-fact variance to encroach into the 75’ lakeshore setback. ^ Approval of the after-the-fact hardcover variance with the following stipulations: 1. Removal of all plastic or fabric landscape liner in planting beds. 2. Removal of all hardcover in the 0-75’ zone amounting to 1.7 %. 3. Removal of the shed in the 0-75’ zone. 4. Removal of additional hardcover to achieve 27% coverage (total allowed to remain 4,464 s.f.. Hardship: Staffdoes not find a viable hardship to allow the hardcover to exceed 2 7% in the 75 '’250 ’ zone. ____________________ Pciiincnt Zoning Ordinance Sections ^ 10.22.1(B) 75’ setback from the OWHL for all structures ^ 10.22.2 Hardcover Regulations Lbt of Exhibits A - Application B - Hardship Statement C - Existing Survey/Site Plan D-Photos E - Submitted Hardcover Calculations F - Properly Owners List G - Plat Map H - Memorandum from City Engineer I - Letter dated April 2003 from Building Official Backgrouad •03-393S A4jgw«U.2003 P*9*3ofS This proiwrty is situated adjacent to wetland within Lake Minnetonka. Although the navigable lakeshore. the property is within 75’ of the OH WL or Lake Minnetonka, therefore requiring the 75* setback. applied for a building permit to construct an attached 2-stall garage a^2 story addition. At that time staff noted that the property exceeded the 25% htfdcow for the 75 -250 ’ zone from the OHWL. The applicants worked with staff and «'hich is allowed by code, as a condition of the building In Apnl 2W3, it wm wted that the driveway hardcover that was required to be removed wrexiraately 35’ from the Lake Yard Setback Variance The property is within 75‘ if the OHWL of Lake Minnetonka. However, the property does not have Ktual lake frontage, rather it fronts a wetland. The applicants are requesting 134 s.f of hardcover to remain where normally zones. Hardcover Variance Currently the property is over on hardcover in both the 0-75*, and 75’-250 ’ • 0-75’ - 1.7% (134 s.f) where none is allowed • 75’.250 ’« 3l.9%(5272s.f.)where25%isallowed maximum with a total of 5314 s.f within the 75’-250 ’ (32.2%). LOT ANALYSIS WORSHEET Lot AreaAVidih! LR-IC Lot Area Lot Width Required 21.780 s.f. (0.5 acre)100* Actual 24.252 s.f. ( 0.55 acre)100 ’ Shed Srtbacki: •CJ»35 Augtni 14 ?003 PagtSofS LR-IC Reqnired Existing Proposed Lakeshore 75’35* No change Staff Recommendation 75’ North Side Yard 10*10’No change StrvctarsI Ci Total Lot Area Total Structural Coverage 24.252 s f. (0.55 acre)Allowed: 3.637.8 s.f. (15%) Proposed: 2.306 s.f. (9.5 % ) Hardcover Cakiilationa: Hardcover Zone Total Area in Tjkne Allowed Hardcover Existing Hardcover Proposed Hai^cover 0-75 7726 s.f.0s.f (0%) 134 sf (17%) 134 sf (1.7%) Staff Recommendation 0*/o 75 - 250 • A ___ 16526 s.f 4I3I.5 s f (25%) 5272 s.f.* (31 9%) 5314 s f. (32.2 %) Staff Recommendation: 4464 s f. (27%) Hardship Slatement Applicant has provided a hardship statement in Exhibit B. and should be asked for additional testimony regarding the application Hardship Analysis tmamOdeHmiappanthmsfof mrtamct. tk* Ptmmmbtg Commlaicn sAatf cmb Mit Mr iffMo/me pnpa$t4vmriametmpomiktktttA, txttbig traffic em^ttoiu, Ughiaaialr, iaagar of fire, rbk to tke pmbUe to/c^, amilktoffoaoa values of ptopottf la Ike lanoaadimg area. Tke ttaaalag Commistloa skaU consider recomateading approval for vartaacesfrom Ae tUeratprovtOom ofdte tonlag Code !a Instances wkere tkeir strict enforcement motrid cause undue kaedskfp keeause of circumstances mnigue to tke individual property coylderaiion, end skad reeommead approval onfy wkea k It demoastraud tkai sudt •ctioatulllkelakeeplagmltktkeiplriiaadlateaiofike Oroao loning Code. •03-2935 AwgwttM 2003 P«9«4ofS r“,“ssrcr„i^r.vsx^^^ °r!l!!"4 “hmc Mnhc»,'"“'il? ”1' '^'"®«- “P'"™'««^11 . , ®Jtcmaiivcs lo paving for draina£c control ' iii:Si!rrcr;r.stirs.:^ /«the opinion of staff this criterion is not met '■ ■<>'« prop^ny „o. /n the opinion of staff this criterion is not met '■ consliluie an undue hardship ifs^£.rjrsE'r£s:^',r “3i^"- s-~ 1. -4« m “ • ’'"'“ce Ihe teinponry use of a one-fanniy dwelling as a iwo-family dwelling.’ ^ r •0x2ns A«igirtl 14. 2003 PaOcSofS •The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The wetland nature of the shoreline visually suggests a 26 ‘ wetland setback would apply, but in fact this is lakeshore by definition, so the 75'setback applies In the opinion of staff this criterion is not met •The conditions do not apply generally to other land or structures in the district in uhich said land is located." The lakeshore setback and hardcover requirements cqtgdy to all lakeshore lots in the opinion of staff this criterion is not met. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." In the opinion ofstaff this criterion is not met. •The granting of the proposed variance unll not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Structure and hardcover within the 0-75' zone is contrary to the intent of the code In the opinion of staff this criterion is not met •The granting of such variance will not merely serve as a convenience to the applicant, but is neccssao to alleviate demonstrable hardship or difliculty." There are reasonable options that would eliminate the need for variances In the opinion of staff this criterion is not met lisiia for Consideration 1 . Should the OH WL setback be applied in this situation? Wetlands immediately lakeward of the 929.4 elevation arc a characteristic typical ofa relatively small portion of Orono s Lal:e Mirutetonka shoreline. 2. Have the applicants provided any supportive information that justifies the variances'’ 3. Are there any other issues or concerns with this application? Staff Recommendation 1 . Approval of the additional structural coverage to accommodate the deck staircase. 2. Removal of all plastic or fabric landscape liner in planting beds. 3. Removal of all hardcover in the 0-75‘ zone (1 .7 % or 131 s.f. to be removed which includes the shed and retaining walls). 4. Removal of the shed in the 0-75* zone. 5. Removal of additional hardcover to achieve the approved level of4.464 s.f. per prior approval. This constitutes the driveway that was supposed to be removed per the building permit approval. CITY OF ORONO - VARIANCE ATFLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SISO.OO (do change from original application) Variance for non-confonning stnictures 5250.00 After-lhe-Fact Fees (Double application fee) PROPERTY lNFORM.\TIpN Site Address ShdduUoOOL Property Identification Number CPJJ)') li~7 — Application # Date Received Amount Paid nOOf Attach legal description to application if not included on required surv ey. Date Property Acquired_____/Uou __________________ r (do) (do not) also own the a^ac^ parcels of land. Present use of property: y residential __pother (specify)_______ Zoning District:________________________________________ _(monlh/year) Name APPLICA^^^ Address: OWNER (if difTerent than applicant) Name N A City: OviQnn Phone (home) Hll' Phone (^ork) (W?) * S^u/f Zip: ^^9/ Address: Phone (home)_ Phone (work)_ City:. DESCRIPTION OF REQUEST Estimated Construction Cost S______________ Describe request in detail: $>A:^ 5~cz> /pvc tfXoc<^ ~ iJA (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Setback: ___Lot Width Front Side Hardcover Rear .Lot Coverage _ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing conmliance with Zoning Code requirements:________________ /TP s>Cfcnrx: (attach additional sheets if necessary) #2'.; O 3 1 . I <1*.»: * • required submittals '• ContpletB) Applicilion Fonn ob^n “0 P'*' "V (you must ^ Go« Center. 348-591^ of Fin«,^.€oT eiAv«A^ L.. - «o Govt Center, 348-5910). ............-........rv-ooj. ScuU«oni “L*^u'Jed“*"to *uive>or) and include hardcover reproduction. ^ «"« O copy 8F." x U- for Sketches or plans of floor * *®*' "production. ^ List of the 4l ..^cXtudl^i^ir" ?r^' <■> *>'■” *•«-). As an addendum to this .p-i‘*PP'"?"'(«) 'f not cuirent ownei(s). ^ you wish notified of this SpSn.'^''*” of «y other'persons 8- — be requested by Ci^ sufr. APPLICANT’S SIGNATURE AdiuiniLwr!a'^«VfsPll!|itiSfey(^^^^ by the Zoning consultant expenses incuiied in review of this Poy"'"') «nd/o7 supplied is true and «■« -3fe^4/^DateApplicant’s Signature j(J OWTVER’S SIGNATURE I enuy onto thT^J^elntG" "tfir"^“suCtl’ c" reasonable members for and verification of Owner’s Signature :j2d|pJ -------Date Meeting. Planning Co™Si‘ 00**^ Wrf'lS' Applicants must he present at all ,chedulSrTrieJ^mJ.^». ,“^"^-“°"*>' "t™*- Council. If an applicant is unable to attend a scheduled mSr ^ ****1****"“*“* Commission nod have an authonzed agent attend in your place and tn Pleise make arrangements to change prior to the meeting. ^ Building & Zoning Office of this r - H) r% ^ ^ <LJ •V V.., Adjaccat Property Owners' Acknowledgement Form I (we) of IftaS SUfl/iuUOCft ** [print name(s)] [print ad^] tave the pl^ for the proposed improvement or proposed use of the property located at &rianYUX)Od MBylso referred to as Land Use Application No._______. I (we) understand that in executing this acknowledgement, I (we) am (arc) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property O Property Owner I (we) prmt name(s)][print address] tr plans for the proposed improvement or proposed use of the property located at KDCK^also referred to as Land Use Application No._______. I (we) understand that in executing this acknowledgement. I (we) am (arc) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requin^ouncil appn Property Date Properly Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your conunenU to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. (T'- ( To: Orono City Planning Commission From Scon A Kara Hutton IS3S Shadywood Road Orono MN S539I 9S2.471.9549 Re; Request for Hardship Variance to our Hardcover exposure We wished to apply for a variance to our hardcover exposure This was brought to our ancmion when we recmved notiflcation that we were in violation of the city ordnance biding code, when we had a shed moved to our property. And although this has not been the most timely response and inquiry we do wish to be good citiaens of the city ofOrono. Kara^ I have been blessed with a little girl however the road to c.*uld tewing does possess Its hills and valleys. Kara was on bed rest for 2 months and now with Alana’s arrival she has colic. This has been the reason for our tardiness with this request, please do mt perceive this as a lack of desire to address this compli.i.tcc ‘ssue Our desire to remodel our home and enhance the livability and value started when ue explored our options to increase our single car garage info a 2 car garage. We had purchased the property in 1992 and decided that financtallv we could accept the additional cost associated with the remodeling projea. We at first had hoped to have a 2 car detached garage in front of ou.* home it would allow us to have increased our square footage in the home add a bedroom, remove our driveway, and have additional storage in our garage. This was our initial request to city planning and we were told that we would not be able to build a detached garqge in front of the house. Our primary reason that we preferred this scenario was that it accomplished several other goals. Address the elevation issue. When we purchased the property, ue ur derestimaicd lh« issues regarding our property elevation and slope. During winter me::ing and summer showers we had water entering into the front of our garage a::d into our living area in t..e basement. This was not disclosed in our purchase agreement but liad to have been noticed. Crwte a more natural landscape. Since our house is set back much fa.-,her from the rotd, wc would eliminate the need for a long driveway. It would also allow* us to landscape, with wild flowers gardens. Sound Damping. The garage would also act as a sound barrier to the urafllc on Shad^ood Road. Perhaps had we known; we may have requested a rariance to the building code, but that is history. I might add though many citizens a.*e unaware of how to properly approach local govenunenu regarding issues of this matter, this includes myself. Our second scenario was our current design of our home. A modified rambler with a 2 car tuck tinder garage. This scenario was much more costly and did not address all if our storage issues. However we believe it to be aesthetically pleasing and very ."•.oo. 'Q y'• • \ * k-M., P««.«. i. -»«w»» nowted. w u who. „ ,„ Sll *rii^ "' l“<l any wiw in any #«eniaM and iM^e So this I bdieve WM a success. Plc«e note a««cW -►i^=sr."-;ssss.si:2Kr‘ T^.i.dfUm«i«»nycaou.l«aMo.«ddo«.m^ SSn^^-TS^!L*" '“"’^“‘"teoun.lm prefer «K u, haJccK £rarr^j-^.^“t:ass£s:^ m« AwetMaN wuh «»». Th.. sh«ld Ire icicoiponied ieto your evluJio^ Regards. Soon dk Kara Huiton 9S2.47 1.9549 h 952.548.8264 w N 71*09* 30“ E / 199.91 p: is Un >c * « •»«i HOUSE 1 •• .*••.; »iJ n i 1 • 249 84 2SOOOH..... iJ •* »./ ry.rti e-rr I . .*► • ■ w/ m * ■.“mmm c.-- vj ^w. H-rfCtS<C5^ — -in' V •' i* 'f-.r.•>: >» A^VI-i. ■-. ri. «.f 'rr>.». ^ y y_ l>2- - *aS m i •«.. .“T' •V .•- > N » : a 2^. '••' f. y > mi-: i' ’iji. V •\y . • •«.r * i Sp-f-9^y 7/ If f I 1 NIT Tl .. :i- 'iJcHi&frPi? ifS r nm hMmil': '-.TsS;-- u'^fc:. .- ^ :7 irl:^.^x.-m mMm-- mmm W^-m• V-iJ-' W" 't^F{M • T »« ^:i '--/va M 'i’ ''/; I '•■ '•'44® .-', e EXISTING MAEDCQVKB IN ZONK A Houtc _____ B Carafe C Dntwajr O Sidewalk E Palio/Dcdc F Landicapa Urnkfiaa BvPIaaiic (> Fabric I Z. SF !sf SF 22^3 SF ’SF.-«*^ AMa. SF SF -^^* fHT«t SF SF SF. SF C Other 40q tJONC .SF -WAU.J TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________♦ 0 PROPOSEP HARDCOVER IN ZONE A House_____________X B Garage C Driveway D Sidewalk E Patio/Dcck F Landscape Underiaia By Plastic Or Fabric SF A ____________SF B ^9. ~?7 % I? SF SF. SF. SF SF SF SF SF SF SF 'SF SF G Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________- B % 100 • SF. A SF B % ! 'let^ *w‘ 500-1000*2SO-SOU* 8- Ctragc C Ontiiwajr .SF .SF SF O Sidewilk ^ PMoOcck ^SF f UnOaup, UMvIm By PfiMie OfFiknc ------------SF ----------SF /26?1 / .SF Sf. c Oliier ^^4 ? ^ .SF .SF. SF total ayO^'J^S'^ONE A*?i^'“^"'^"‘>rnvriLuizaig • B ___ .10 SF. A SI. B B C«r^ C Onvctiraf _sr -SF. SF 0 SidewaJit C Patio/Deek SF SF F Landscape Ufldcrfata ByPlasije OrFabnc .SF. SF .SF SF C Other .SF .SF SF r-K,!!s;'Ksr' - B « iUO .SF A SF B #,•a <• ✓ EXISTING Ha KPCOVEW IN ZONE A Houm B Caraft C Dnxtwwf O Stdewalk E Paiio/Dacit F Landxapa Undcriaui Bv Plattic Or Fabric G Other I Z, SF SF — SF _SF 22^3 4l SF SF'C amc . a Piu. sr •C0>*c. .SF SF -C^. fHT«t .SF SF SF. SF TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - d PROPOSED HARDCOVER IN ZONE A House _____________ X ^^73 SF A B Gara|c C Dnvewiy D Sidewalk E Paiio/Dcck F LandKape Underlain By PltMie OrFabnc G Other TOTAL HARDCO VER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ - B 11X1 U>a!i Is SRrr~~SF B Z ■9-? 7 H ^ too • SF SF. 'SF SF [SF SF. .SF. SF. >F. SF SF. SF SF. A SF. B H 'V sm*cKZ0Nt, ^ W ^-.^^nu,\ WOUKSUEET »S-25ii 250-S00* S00.1000* ®- Oarafc C OntTivay O SidewaiJt E Paiina)cck F. Landicapc UoderUia By Plisiic Or Fabric 0 Other -SF .SF .SF .SF .SF -----------SF -5-------^ /2c; S F ------------SF -----------SF -SF .SF .SF - B WJO - SF ^ b" fl Caraie C Onvewty D Sidewaib C Patio/Deck F- LtndtcMpe UnderJatn By PliMic OrPabfK »<w .SF .SF SF .SF SF .SF SF. SF. SF O Other .SF .SF SF ---------------------------- B \liJ0 .SF A SF B # - /a tl<\OATl tqyxn M I7II72MIOOOI OTAOCM I1«3 SNAOYWOOOAO VNEKNAMt MKSUMMAMOM4AAKIUSOI IVAYIJI MKHACLMilMAIIKMO ME/AOM ALICUKIUSCN inSSHAOYWOOOlU) WAYZATAMN S5»I N nil7U23000l OTAOM M AOOMnUNAHICNiO *^nami mwNiHNWitfiinouwo XMVU HOMinMrOllfEITEOLAMO MI/AOOA NOTFOUSALWAmFAOMT M nil72]240«)7 or ADM lISS SNADVWOOOIIO •'NM NAMC JONNOMOTZKO XrAVER XMNOMOTZKO ME/ADM I US SHAOVWOOO U> WAYZATAMN 5S}«I M I7II72J2«OOII OTAOM M AOMfSSUNASSCNEO vnername mjkosckacfmckosek iXTAYlR MARKKOSOCAGMAPMCKOSCK kME/AOM irSSHAOYWOOORD WAYZATAMN SSMI N 1711722240017 Wa OM Its# SNAOYTTOOORO NCR name MAOSEVERT/R CTAYU M#.TOH H SHratTM MC/ADM IIMSMAOYWOOOIU) WAYZATAMN SSMI MENNCriN COUNTY PROPERTY- INFORMATION SYSTEM PROTERT V OWNUS LIST 7AM I 20 I7IIT222I002* EROTAOM IMO SNAOYWOOO RO O’^XttNAME DOUGLASRSEAROLT taxpayer DOUGLAS R SEAROLT NAMC/AOM 1100 SHADYWOOO RD WAYZATAMN SSJTI M I7II7222400UI TROT ADM II2S SHADYWOOO RD OWNERNAMC R ^RUUD4SLRUU0 Taxpayer R onaloa asabrinalruud NAME/AOOR 1125 SHADYWOOO RO WAYZATAMN J5J9I )• 1711722240009 PROP AOOR 21 ADDRESS UNASSIONEO OWNERNAMC M JKOSEKAGFINKKOSEK taxpayer MARKKOSEKAGTNAFINKKOSEK NAME/AOM 1172 SHAOVWOOO RO WAYZATAMN 5S29I M I7IIT222400IS PROP ADM 1120 SHAOVWOOO RX> OWNERNAME • ASK2ERPINC A LSCAW taxpayer muccasiuerping NAMC/AOOR 1120 SHADYWOOO RD WAYZATAMN 5S29I M 1711722240020 PROP AOOR II7S SHAOVWOOO RO OWNERNAMC MiKOSEKACPlNKKOSEK taxpayer MARXJKOSEK namc /aoor cina fink kosek 1172 SHADYWOOO RD WAYZATAMN SS20I 31 171172)210027 PROP ADM 1110 SHAOVWOOO RO OWNERNAME MWKROUALCKROtLTRSTU taxpayer MARXWAtORJCKROLL NAME/ADOR 492 SINALOA RO StMl valley CA 9)065 51 171172224000* PROPAOM 1125 SHAOYWOODRO OWNER NAME S W A K M HUTTON taxpayer SCOTT W HUTTON NAMFMDOK II)> SiiADYWOOD RO WAYZATAMN 55)91 51 1711722240010 PROP AOOR 21 address UNASSIONEO OWNER NAME M I KOSEK A C FINK KOSEK TAXPAYER mark KOSEK A CMA FINK KOSEK NAME/ADM 1175 SHAOY7YOOO RO WAYZATAMN )S)«| M 171172)24001* PROPAOM IMO SHAOYWOODRO OWNERNAME BRAOUVTBOSTON taxpa > er braouv t boston NAME/AOM IMO SHAOVWOOO RO WAYZATAMN S52«l ) t-. % ”rf rSv TAwSisTttSDATEONTieWCOIlOS DATE BV TO TOE BEST Bonestroo Rosene AndeHi(& Associates IfigInMrs & ArcMtccts A«fMll2.2003 Ms.»MnitFaifc On* O >*wtii>** *■ • mtnrn t law**. M r>. n • A W*w»*w. *( «*•<«*» Ctwii^—U: Oi***! » ■■I***, t » Hli»n C f An*H*»*»»nw»Mi MmiA OoiAin. H. « —»t ■ PWHm.Pt ta«ra> H • 0*m«o i*i*Ma N ••«»*■« r >§>■■—>. • M A n*Mi M « * awohi**. M 11**! »( • o*m« a aBmi** * Mk*wi nC. Lt » AfnrtM—l»M>A«A*»»Oc«UA*iO.»t • W AmrtM PI • iJMmI MMMPAPt • MMnl J*nMAf< • LfM^OfMOW • Omi i P| • Imm* MartMM. P| • n«—*1A • •laMBn J DM A Pt' 0#tn*» ii pml U Oma Dirtn API mm wrnmtm. mt« m** .PI « OciMHI !«*•• Pt « Impa»M fcpiPn CPA . «1 • Ow«fp. I BiWie>tr H OcyofOtoao PwtOffk«BM66 CiyMlB«y.MNSS323 M: Hattoa Residence FikNa 139-03-000 PtalNa 03-2935 Dear Melanie: We compleicd a «le inspection of the Hutton property located at 1835 Shadywood Road thu momm*. The purpose of the inspection was to review the necessity of the existing paving along the oextik side of the home^ it retaies to drainage. The hotneowner was present and indicated the paving was insulled to convey storm water flows from the driveway to the rear or west side of the hone. Based on our observations a vegetated drainage swale could be constructed in place of the pavement along the north side of the home to provide an ifqgfi or better drainage conveyance system to the rear of the home. If you ha^ e any questions please call me at (651) 604-4863. Yours very truly. BONESTRCX). ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg ^ Cc: CregCappa.CUyofOrono 2I3S WIiSt Highway * St. Paul. MN SSni p «Sf-4M-4«00 p Pax: •St-61A*Utf ^yiHit>ir X cmrofORONo Minlctpil OfllCM tTMMhrMmf 0m«. Ill 5S3SC P^lafl CvMlm M 9Sm«ifi ApriI7.200J Scott Hutton 1833 Shadywood Road Wayzata, MN 55391 RE: Shed Dear Mr. Hutton, hardcover again to 25% or less in the 75* to 250’zone BuildiM «■'»'«»> 1* *h«l th« City will be able to Uaue aBuilding Permit for it If not, it will be required to be removed from the property alone with hardMver in exce^f 25^ Please contact me within the next 2 weeks to discuss how you would like to proceed. Failure to bring the properly into compliance will result in legal action. Sincerely, Lyle Oman Building Official LO/dml Enclosure ?• 4 . Fai<in)l94«« cMtwfT e> CITY OFORONO 27S9KdlcyPsrk«iay POBoiM Crystal Bay, MN 55323 952J49.4M0 ZONING FILE NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: TO: Scott A Kara Hutton 1S3S Shad>^ood Rd Oiono, MN SS391 COPIES: TYTE OF REQUEST: After the fact variances: Hardcover. Lake Setback DATE OF MEETING: PlaaaiagCoaiBibsioo rccamBcadcd as follovis: Table to the October 20 ’" Planning Commission meeting in order for the applicants to provide their plan for 808 s.f. of hardcov-er removals. VOTE:7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: PhnahuComiissiop - Maaday, October 20’", 2003; .Mceliag starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Cit> Planner, Melarue Folh at 952.249.4627. 60*Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on July 29,2003 and the M-day review period would end on October I, 2003. However, because your application was tabled by the Planning Commission at their August 18 and Sepiemb^ 15.2003 meetings and will not be heard until October 20,2003, which falls after the 60-day review period. Tkenfort^ the 60-dirr review period is hereby exunded an adddhttMi 60 days to December /, 200S. Drtt AppMfrti— lUcthrti; f/li/t3 Dale Appikaiita C««i^idcrt4 as Cwaptett: WIT/U (Mtoyltevifw Parted Eipim: Il/ltet3 Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Mike Gafiron, Planning Director October 16,2003 Sobjcct:#03-2951 James & Judith Pieipont, 1801 -1S49 West Farm Road - Subdivision of a Lot Line Rearrangement - Vacation/Rededication of Drainage &. Utility Easement - Public Hearing Zoteing Dbtrkt: LR-1A Single Family Lakeshore Residential, 2-acre min. (S7.120 s.f.) Lot Area: Existing Lot IS A part of 16(1801 West Fann Road): 3.70 ac. Lot 14 (1849 West Farm Road): 2.31 ac. £D2BfiSSd 4.01 ac. (3 ac. di>*, 1 ac. wetland) 2.00 ac. (all dry) AppticatkfH Summary: Applicants request approval for a lot line rearrangement between th^ two residential lots, ^th of which they have owned for many years. The westerly lot, 1849 West Farm, remains vacant. The easterly lot, 1801 West Farm, contains a principal residence and a guest house approved via CUP Resolution No.28S4. Applicants ’ intent is to yield tw'c lots that are conforming for the intended uses. Tne proposal accomplishes this in terms of gross area for 1801 and its guest house, but only if the wetland area is attributable for the 4-acre guest house requirement Pertineat Code SectioBs: 1.Section 78-305: LR-IA Minimum lot area required » 2.0 acres dry buildable Minimum lot w idth required - 200' 2. 3. Section 78-303(8)(a): Guest House CUP standards Conditions of Resolution No. 2S54. LblofExhlbite A - Application ^ B • Plat map C • Survey - Existing & Proposed Lot Lines fionc^ OF Aetn<50^T3MLI^ to/2»fo^ D - City topographic map showing approximate w etland boundary E - Hardcover Calculation Woriesheets F - Buildable Envelope for Lot 14 G • Propetty Owners List H-Photos I • Rcsolutiofi No. 2854 A Pertinent Documents . niti-Tr ,11 > iTi r I -r iTiTiit^lrTtii i rr -1 imi i i iu-mi OcMkcr li. 2M3 P«|tl laekiTMsd ls==SESa== Guest House Staudards Gucl Home condition.1 u« ,tand»d. vpear in SecUon 78-303(8Ka) „d „«J „ foUo*,- (8) Guest Houses & Non-rcnul Guest Apartments. whCTe . luo hou« w„ riIow«l wlJl portoo ofdJ^ni^ m-2f5i OcfbtrU.2tM P*t*3 Scptk SystcH Capabflily; Sewer Pcatflig Applicants have provided septic testing indicating that Lot 14 after the rearrangement will have two approved sites for a 5-bedroom mound s\stem as required by City code. Lot 15/16 has also been confirmed to have a site for consmiction of a 5-bedroom mound system should the need arise to replace the existing system serving the bouse and guest house. However, the City Council has received and acted on a petition by this neighborhood for municipal sewer, and it is anticipated that Lot 14 and Lot 15/16 will be ser> ed by municipal sew er in the relatively near future. At the time of attributing sewer units to the various properties to be served, the guest house on Lot 15/16 wrill have to be considered under the City's assessment policies. LotStudards Ana A Width Lot 14 will contain the required 2.0 acres of dry buildable land after the rearrangement. Lot 15/16 will contain 4.01 gross acres, of which approximately 3 acres is dry buildable, meeting the minimum standards for a single family residence. Setbacks Lot 14 will have a substantial buildable envelope remaining after the rearrangement (shaded area of Exhibit F). Note that Lot 14 is by definition a *through** lot, hence any accessory buildings will require a CUP under current codes. The setbacks to existing structures on Lot 15/16 will not be ..npacted by this rearrangemenr. in all cases, the existing structure setbacks from the common boundary will be increased. Lot 1 S/16 also has frontage on both West Farm Road and the ''Homestead*' private road, and could also be considered as a through lot. Hardcover Lot 14 has some land within 1000* of Long Lake, but appears to be all outside the 300* shoreland hardcover limit of the tributary creek between Dickey Lake and Long Lake. Lot 15/16 has land within each of the four hardcover zones. Hardcover calculations have been provided, show ing that existing hardcover is well below the established limits, and should not be a fa^r in future developroetU of the property. Note that based on the county plat maps. Lot 15/16 does not abut the shorelirte of Long Lake and therefore is not considered as a lakcshm lot Wctlindi Based on areview of the City wetland maps, and thoseof the MCWD and Hetwepin Conservation District, there are no wetlands on Lot 14. M3-29St Octokvl«.200J Pagt4 Draiaafc aid UtiUty Easamcat £;xzrM=szssr;:zs^--™*“^^ Lot Staadards Table: IW9 West r»nti (Lo* 14)1801 W«i Farm (Lot IS/IA SlaadanI Required er Eslsting Prepofcd Eiisliiig Proposed Lot Area 2.0 acres 2.31 acres 2.0 acres 3.70 acres 4.01 acres Lot\lldth 200' min.450* i 400*2 70* i 120* + Hardcover 0-7S 0%NA NA 0%0% 75-250 25%NA NA 0%0% 250-500 30%NA NA (Wo 0% 500-1000 35%8?'o +7.7% -18.13%16 6%1 u.u /o Issues for Coasideration iTii !j’T'Ho™*"priv„. continue houseu«c««?Wift«„ov,bofc«umf««,r«„d/o^.SS»^^e.1 l,ou« n»y qualify for«. “«:c«soiy .micnu. pluuibiag-* On> fis-lffl Staff Ri Staff recomincads approval of the kM line leamngement, subject to the following: 1. Applicants to grant a 2ff drainage & utility easement (10* either side of new lot Uoe) to replace the eascmcnu being sacated. 2. 3. Applicants to provide title opinion to confirm ownership of each property. Planning Commission should address whether the Guest House use should continue to be allowed based on 3 acres dry/] acre wet Ifnot, then q^pUcants should be directed to proceed with removal of its plumbing, or make an application to convert it to an **accessory building with plumbing" and remove any existing kitchen facilities. Planning Omuniaaioa should detennine what the intended use is fix the driveway in Lot 14 connecting to Lot 1 S/I 6; then determine wfaedier any special conditions should be considered for continued use of that secondary access if Lot 14 is sold separately from Lot 15/16. Jito CITY OF ORONO 2750 Kdtey Pwkway r.O. B«i 06 Cryital lay, MN 5S323 (952) 2494600 ZONING RLE ^03-2951 NOTICE OF PLANNING C03LM1SSION ACTION DATE OF NOTICE: October 22. 2003 TO: Junes & Judith Pieipont 1801 West Fann Road Long Lake, NIN 55356 COPIES: TYPE OF APPLICATION: Sub<ii\Tsion of a Lot Line Rearraneement DATE OF MEETING: October 20. 2003 Phuiaiag ComrolssioD recommeaded as follows: Tabled because applicant was not present, .\lthough no discussion was held, the Planning Commission did accept comments from the adjoining neighbor to the west who spoke against the idea of a new home being consmicted on Lot 14 for various reasons. Motion to ToMe - %VTE: 5 FOR 0 AGAISST Applicant's next scheduled meeting is confirmed as: Plaaaiag Commlssioa - Monday. November 17, 2003; meeting starts at 6:00 p.m. If yoa caanot attend, please send a representative or advise City staff to reschednie yoar item for a falarc meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If >ou have questions, please call Planning Director Mike Gaffron at 952-249-4600. Applicatioii # Date Received Q-ii»-o^ Amount Paid Mio- CITY OF ORONO • SUBDIMSION APPLICATION PROPERTY LOCATION Site address yW DEar Property Identification Number (PID) -//f -r f Please check one - Property____abstract or X lonens? GXufo //itl kifsr 7^ti ^ /jLf - HIT'j. s -yy Atuch legal description to application. APPLICANT Name JuDtru •* ^mes Address J9Gt City Phone (home) 9S‘Z/j^9S‘- fif^ Zx usSiSiL Phone(work)^/.?. OWNER (if dilTerent than applicant) Name ________________ Address City__; .Phone (home) _ _Phonc(work). (anach list if more than one) EXISTLNG LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres ToUl, all parcels Residential; no. of units / heute. joesthet/se^ Other (specify) PROPOS.AL ________ Division for Ta.x Purposes v/ Lot Line Rearrangement Only (no new buildling sites) ________ Subdivision for New Building Sites Number of Building Sites • C' , Existing Units .New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres S, /tjgj? Sq. Fl Dry Buildable Land ✓ Residential ________Other (specify)________ 9 laiAk #2951 „ A,,UCAno.V -<2ss?^srr::r.r"~"-— y^tywy, ----------------------------------------------------- wB«..ai s^^ssss^^s,*:::------- *■ ApplIntiM ■ w AiTinimat u dtck pq iu>„ .sjjj ,_..^j ZIZ iS^s^^^'^>*n)*4(U^ ____Subdivijiofinull,e Icra?! 2z C. --------Su^vMion only S JOOOOJ - '•^Appnc..ao..as.M;;u«s5r^«J2 •*n: hereby aerert to DraviH* «tt ._^ .............."•~~''“ioos3joai)„u^i.^ -------- o*iw. sirofS^r^ : _ X— </!>^.<--^^ ’f,rraT «R*«tiaf . Pl*a4|C ^ HARDrniTr.,;;^nririi-rr°ii'i?L*!T/^„^^^^^ n,iT!TiT' # O 1 14ACC limiting r -r ^ J Pt»rpon«31247S03Q1 JudhhPicrpoal ItOl WcftFgnnRoad Oroiio, Minncsola SS3S6 September 17,2003 Mr. Mike Gaflron CHyofOrono 2750KdleyP«kway Oroao, Mbmesou SS3S6 Dear Mike: This IS just a note to confirm that our documents re beios Mbmiited today to support our request to rearrange the eastern boundary line of >>t M at 1849 West Farm Road We wish to move the line westward such that bt 14 becomes esactly two acres and lot 15 acquires the residual bud, therelqr moeasins the :otal acreage of combined low 15/16 at IMl West Form Road. All other aspects ofthe properties remain the same as they had originally been configured. Mark Gronberg is supplying the survey related dccumcnts and forwarding the septic related docuinenw provided by Steve SchirmerH. Under sepamte cover. I sent to your attention the completed and signed application ard certified list of residents within 350 leet as weU as the required mailing labels for no^ying those residems. •|•hc septic fields have been identified per your ir.smjction$. Our aiuicipaiion. howover. is that sewer will he brought into the area so such thoibt 14 will have a capped access and the combined bts/lS/16 vrill be connected. As veu know, the request for that scrvbc is in proeexs with the City ofOrooo. Thai* you for your help in assuring that we put icnvard the infornatbn necessary to facilitate our request for the property line leairacpsnicat. Please let me know if 1 env provide addUbnal belp&l inforroatbn. CordiaUy, Judhb Pierpont k. \v iisniiifliTiii ^ IBT. r PROPOSED LOT DIVISION FOR JAUES & JUDITH PIERPONT IN LOT 14. IS & I«. BLOCK 1, THE FARM AT LONG LAKE HENNEPIN COUNTY. UINNESOTA . ..........L. HUH-J 8CALC FCCT I U>L etMIFTIOS: oitriMo mu. mcRiFTioi: «) u« K M I, H« SAM AT tM UM *) *. D€ FAM AT LOW UM A. That pari a( Ut I*. flacA I. M FAM AT IM UMSft i:r.r;a;:.Tai'r»r,2i:! ai! Kt 5? k: riuMit.*'-T-MiL’t «•! p$f99r% !• vwr m wrwHMit. *'“*• «*^ - -?*5ASRo*SrialTa5 aStaJ*^MT trSTTfipiiMl 5:2 III E§|r /K m 111 Ellll / . 1CT.ACK10NE: f- tMlTOC BAiinrnvv;; ly 7n^c TS-*» M-soo' wum 4£3-100^ ^9ty S.P B. Oaraa« »/ni#cf C Drivtway D. Sidewalk E. Patio/D«ck F. Ltadicapc Uoderbin ByFlutie Or Fabric 0. OdMr CAAy0^y jL£MAi^r0 ££iLSf€UA • L/P s^. 3o SJ. »a S.F. /o€S SIT T€M»^r f4*Ay ------^950 SF. 7Vya .SF. .S.F. .SF. SF. .SF. .SF. .SF. ^ ------------------- - B _'12t££tfs.F. xlCO _/0T. SF_/a. ^ A B WiCsh B. Oarage .SI. .SI. .SI. C Driveway lor CtA/f — ----------- X /Air St ^ sreo D. Sidewalk .SF. .SF. E Pario/Deck F. Laadscape Uederlaw ByPJaatie Or Fabric .SF. SE .SE SE .SE .SE SE •# 0. Other ^------------------------------ B L . #£■':^ xlOO -y^.£iLsf- A N.\^0 0^' f«e- toT /y '^/, ^ y V V%.... '*^-".'P' *>«. O' X*— ____•.""'^-.^r '< *•' r-.;—'.V '. •. V -; 'Jrri'^r- !■ I --•-*-^’”Q'i^ ’. \j'.A \N ” \ ■•' ’> '> .A \ ''''O r .|4.'r^ '. \'' '' '• '■ \ '• '' l/ \ ' • !•>!'• '' ’. '•'» '• \*‘\ ' \hi' ''' ^ r»'\ N •. :\ \ 'if '' V \ i‘ wmm. ^ y • .''■'V/s i j lof. '•. S !-!i2' ''V* •• ‘.J ''. '-. : M' %r .. ! \ -,IC{ ;\i :'!'o> ^ • W 74J48 IBr ku«i*«u..r lllj«NU*tt4CXJ(INlY MHH*PRautrvc /|NIOKMAIiU‘i^k..U4 «L» U:»l M 27linMMil4 MOTAOM l«IS WCSTFAMiO cnmuimm OMnjSLanwnifmiTAL TAXPAVfK CIUBUSLKIMOEm rAMtLA mSMAN ICinOCOCR imwesTFA«Miin UMQUKEMM SUM W 27IIUJ4)MI5 PKOfAOM im WESTFAJUIMD OWNCKNAME DllWIHTTENArEIURT TAXPAWD BMWIDTTOIAPEHART NAMS^AtNNI imWESTFARMRO LONuLAMiMN SS)M M 27IIUMMBI7 PRQPAOOR IIM WI-STFARMRn 0«M»NAMI mnmVAIMM!l TAXPAVn TMOniVAOAMS NAMerAimi 1110 WEST FARM ROAD LOMULAKOMN SSJM M 27IIIIMJOOII FROF APOR IMO VfKHT FARM Rl) OWNER NAME LSIIUIJ.AeVMOHRISON TAXPAYER UURIEMIUU NAME/ADOR EUXABimi Y MORRBON IMO WEST FARM RD lONU lAKE MN 55JS6 31 27IIUJ4J0034 PROFAflOR 31 A00RI3SUNASSICME0 OWNER NAME TUB FARM AT LONG LAKE TAXPAYER TUB FARM AT LONG LAKE FTNSIIP NAMIVAnfM rX> THAOTI lY AIIAMS IRIOWFSriARMROAO LUNULAKEMN SS3SA 31 27IIU3440006 FROPAIIOR 1709 NORTH FARM RD OWNER NAME LARROSENGREN TAXFAYFR RANDY V ROSENGRFN NAMFMINM 170* MM1II FARM RD lONillAKI MN .*■ 27lU7U4anni PRIlPAMIR IMA NIMtIIIPAHMHIl OWNER NAME lOSEPII IIOFFERMAN TAXPAYBt JOSEPH IIOFFERMAN NAM&AOOR IMONFARMRO LONOIiM(EMN SSJM 31 27III2JM00II PRttPAINHt 172* MM III FARM RD OWNERNAME HRRRSFIhli) TAXPAVn RENIAMM R A RERUTA S FIELD namwahor it2* north farm rd lONQIARH.MN SMM 31 3411121110001 mrAIMW 77k|tHDWNRDN ownirname rdulnsonadaluklns TAXPAYIR DARItARAALURtENS NAME/ADOR RCtURO B DENSON TTOHROWNRDN lOMilAKI MN S51M M 1411121110001 PWVAtXM 31 AINMMSIMAVUIMIH OWN»NAME JOSTAVR7APMSTAVR) TAXPAYER JOHN RPHOCBB ETA VR3 1MMK3WNRON UMOLARIMN SUM tl Ml 1121110010 PRirAINm 31 AIRIRliKIINAVNRMhll OWNERNAME MARYLSTER.ETAL TAXPAYER MARY L STER. ETAL NAME/AOOR 7M RROWNRON LONOIAKEMN SS3M FROPAOOR Jl 27III2M1UUI* 1149 WtST FARM RO OWNERNAME JWFtERFONT AJAPMRFONT TAXPAYER NAME/ADOR JAMES W A lUtM n IA PCRPONT nil WF^FARMED ORONOMN MIM FRaPAlXIR 31 37I112J4J0020 IMO WI.STFAIIMRIl OWNERNAME DAASMUSSIMAKAASMUSSliN TAXPAYER DONALD A A KEU.Y A ASMUSSEN NAME/AOOR IMO WEST FARM RO LONOLAKEMN SS3M 31 371112)440007 PROFADDR I*M NORTH FARM RD OWNERNAME RK1IARDW PERKINS TRUSTEE lAXPAYIR RKTIARDW FIRKINS NAMF/ADDR IM* NORTH FARM RD IIINOlAKI MN .M 2niH2U4niilA PNFIPAINIH loot WlJit FARM HH OWNERNAME J WA J APtERPONT TAXPAYER JAMF^ W A iUOmi A POIRPONT NAME/AOOR IWI WFST FARM RD LONOLAKEMN SSJM » 2ni«2U-MMI7 PNIIPAINMt I77U WIM lAKMRII OWNIRNAME WM A M BRACK! N TAXPAYER WnilAM M DRACKEN NAMfyADDR 1770 W FARM HD lONOLAKI MN SS1S6 ■v i la 141112)110003 PRIIPAININ 7MIMOWNRDN OWNIRNAME J USTAVIDA PM SIAVHJ TAXPAYER JOIM A PIKMJN: STAYIQ NAMEMOOR 7WDBOWNIION lONGIAKEMN SS3M liD f';'). •> C'Q II .Mii«2iiiino; PMirAIHW ni IIRUWNRIIN OWNER NAME V A O STEIN TAXPAYER VCTORNSTEBI NAJ»A0« MMOWNRON lONOLAKEMN SS3M r «UNUAIIt;»l«MU M MlltniMtS nor Aoon tm mowr kdn OWliWMAMF. TmaillLTWlAIHI.Jm.ll. TAXTAVeR MLITHLATMtaiULTZG WAMfVAPW MiMOHMRON UMOLAKIMN SSX» t I'Hf H i n 34im]iMm WM)f AtIM 770 IIROWN RO N OWMiRNAMti IIAIIMmiiR TAXFAVER ItEMZ P11017191 namwaoor 770 norim mown road lonolakemn sum M 34III71IM007 r«Of ADDR 6W DROWN RO N OWNliM NAMli l-RJCi LARSON taxpayer ERCJ LARSON NAMfi/AOOR MORROWNRON lonolakemn UIM OATB av PAGI I ]. •* ( ■■) C:) V/ ;■ j'*. “ -T-' ':...' .4' V \r .i I iS ! f\ ^ V s-*.,!* t'4 ^a|||^'.''♦•?! Ki __y~£iiJB'~'Li3lH 3BB SHU GHB r:E[3 30® • S;^^ , 4 ..*t'*x» *’ I:5^£i^ Us-<S '■....^'2TrZSf% ■ K* ■ -V % >V- v.'v'^ mW.wM. /im e?^>?r.'Siiis r City of OROIVO 1 iI ORONO I RESOLUTION OF THE CITY COUNCIL NO. _ 2954 A RESOLUTION GRANTING A CONDITIONAL USB PERHIT AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3(A) FILE «15€a WEBRBAS, James and Judith rierpcnt (hereinafter "the applicants") are the owners of the property located at 1801 West Fam Road within the City of Orono (hereinafter "Cfty") and legally described as follows: Review Exhibit A Attached (hereinafter "property"); and WBEREAS, per Section 10.28, Subdivision 3 (A), the applicant has made application to the City of Orono to permit the conversion of a detached stable and garage into a guest house that will be located I'i" from the north side lot line instead of the required 20’and that said structure will be located 49* from the street lot line instead of ■he required 50' and that said structure will be located 53' from the existing principal structure instead of the required 60'. Minnesota: BON, THBRBPORB, BE IT RESOLVED by the City Council of Orono, 1. FINDINGS This application was reviewed as Zoning File 11566. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 dry contiguous acres in area for each residential unit. 4. The property is approximately 5* dry contiguous acres In area. 5. The Orono Planning Commission reviewed this application on July 16, 1990, and recommended approval of the conditional use permit and variances as proposed based on the following findings: a. The property consists of S4> acres in area.•• b. The property owner to the ir.mediate north that receives the most visual impact from the intensification of the structure has submitted written approval of the project. Page 1 of S City of OROIVO 1 II aRQNi:H RESOLUTION OF THE CITY COUNCIL 2854NO.W * ’ The property owner's house is located 150+' furth^ east of the subject structure. The existing structures and foundations are in good condition and will be able to sustain the proposed renovations and inproveaents for residential habitation. d. There is adequate and suitable area for on-site septic development to support the second residential unit with one bedroom. 5» The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions* light* air nor pose a fire hazard or other danger to neighboring properties; 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 of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the conversion of the stable into a guest house unit will not be detrimental to the health* safety or general welfare of the public* would not adversely affect light* air nor pose a fire hazard or other danger to neighboring properties* nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS* ORDER AMD CONDITIONS Based upon one i ** more of the above findings* the Orono City Council hereby grants a conditional use permit and variances to Municipal Zoning Code Section 10.28* Subdivision 3 (A)* subject to the following conditions: 1. Applicant shall make payment of an additional $50.00 for the variance portion of the land use application. Page 2 of 5 CityofOROIVO RESOLUTION OF THE CITY COUNCIL NO. 2854 • »•»'. * • 2. Th« applicants have agreed to legally cc=blne Lot 14* Block 1, The Fara at Long Lake with the adjacent hcaestead property by February 28* 1991. Applicants are hereby advised that if the legal combination is not realized by the specified deadline date* all residential use of the subject structure shall cease immediately and applicants shall be required to make the necessary alterations to the guest house structure so that it may no longer be used for habitation. Applicants shall obtain the required building permit to complete the required alterations. 3. Upon application for a buildir.c permit* the applicant shallJ5Pprovide the necessary septic testing ar.d documentation to confirm suitable area for on-site sewage treatment facilities for both principal and guest house structures. T.his shall include evidence of suitable area for alternate on-site sewage treatment facilities. Applicant is placed on notice that at seme future date if Lot 14* Block 1* The Farm at Lcng Lake* is to be divided from the homestead property* the guest house structure must be converted to an approved accessory structure that does not contain an Independent dwelling unit. 4. All portions of Improved structure located less than 5* from north side lot line shall meet all peruinent fire code standards. 5. Authorities granted by this resolution 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 th*! date of Council approval* or the special conditions of this resolution will expire on that date (August 13* 1991). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall censtitute a violation of the zoning code* shall automatically terminate any authority granted herein* and shall be punishable as a cisdemea.nor. 7. The undersigned applicant has read* understood and hereby aqrees to the terms of this resolution and cn behalf of himself* his heirs* successors and assigns* hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 ; r. ITI t Y i Of I ,ORONO ■ CityofOROIVO RESOLUTION OF THE CITY COUNCIL NO. _____ Augytit. Council on thi. 13th day of ' E«llln, City Clerk Jane^ r7 GrabekylUyoc^---------------- Prop| STATE OF MINNESOTA COUNTY OF KINNEPIN ) 88. STATE OP MINNESOTA ) ) 88. COUNTY OF BZNNEPIN ) On thl8 — ' ^ day of *5> fy qq ^ Sfo«‘r."d“ • P.r’.oi.’l’lf 1(8) descrioed in andl^w(w«x8cuted ih« c^<2 a:)cnown to «itobey^-----^----------_ _ foregoing instrune^ty and acknowledged that he (th^yf eVecut®d the 8ar.e aa hia (their) free act and deed. ^tneyj executed .y.^SV.^^V.VVVV^V/^VV.W-VVVVW^• i -.t-*' * "*NOT^Y PUBLIC Page 4 of S j 1 Cityof OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2854 (JM- 3N-J STATE OP MXmSOTA ) )as. COOHTY OP ONMEPZN ) V On this Public if day of fobiic vithin and for b4TTha"'^Saontaf^’daiSrW inatrumsMr and acknowladg( ^JLju Said ________, 1990 B bafora ma a Notary ____ County, paroonally appaarad _________ known to ma to • , a«s<^ribad in and7who axacuted tha foragoing acknowladgad that ha (thay) axacutad tha aama as his (thair) fraa act and daad. * -v • ’/ •r.‘,z • ■<r.:sst:, a;.xi'*:rr .■‘7 •.c.3^* u:n Iiara Cct P ino' MOTJ^ -PUBLIC 7 Cityof OROINO 1 QFIONO RESOLUTION OF THE CITY COUNCIL NO_ _ _2854 .^:L V exhibit a rjTBAT. nggrpTpyj nM lake. corded plat thereof * on ^flle^ind^of^Jecordcorder. Hennepin County, Minnesota lvin»» “•“« County Fi end northerly of the following described Une-^‘**^^ 104.72 ::i degrees 12 minutes*03^2ecoLrEart °as3utied^’b" ther.ce Worth 01 West line of said Lot 16, 101 U feet to .&l:ng the thence South 07 degrees 47 minutes 57 IPoint or beginning; thence North 84 degree miZlA ol 277.13 feet; ; point on the noJJS^^tirly ?Jn: of saUI^L^'ffeet southeasterly of the norttr^? ^iati:r.t 35*i.57there terminating northeast ..orner of aald U.t 13 nr..I pervision «nd^tLf fam^i%JlJ''negnt-rwi?Trd direct .•..••the State of Minneosta. ^ eglat.rwu l.ei.a ourv::yor under the Uv/a c: uurash kias^xanNlMni -j i v:; cm or oxoNo P.o. Bex Crystal Bay, MX 473-7357 55333 Mr. a Mrs. Jaraa Biarpont 1101 West Fara Hoad ton? taka. Ki 55355 ArrtzcATxoM VO. issa MOTICB or COOMClt ACTICM Oato of Motieo: f/3? ?9 COPlBSt T»1 OP APPLZCATZOHt Variaaco Conditional Ct« Pera>it ***■ W NBSTZIICt August 13, 1990 VOTBi 4 For 0 Against COOMCXL ACTION - MOTXONi - •-«P^ •PProval resolution subrittad bv staff and to a. Buyout contract to allow corbination. b. Agraarant of faa holder to allow cowbination. aoolli!-” •-‘i combination ef the ;treals. applica... Is aska.. to complete the execution of the 3 orlciral c‘t>ies o' the resolution at the Deputy Clerk's desk at the City offices. .. ^ lii^itod to the axta.nt shown en approved ; ?an and as no.ad In .he approval resolution. Changes In approved plans art sublac* to further review fcy the City. Variance approve I axDirascne>7t‘aft« thi.n AU*»t*^13!^:9?*.*'*‘^“*"’ application rust be subritted -9 later \*--;«ce uppreval. ccndltlonal use approval Is s-.b'ect to ra5ul?i?i ‘PP^®/*^ resolution. in the case cf srojacts Please be advised that the City cj.-.rst issue a building parTl* 'or she guest house conversion until the lecal combination of thi prett'fty iJ res..va. and the subject resolution executed for filing. ^ & I ta FILE* ::-2953 Nc.«r-D«f *3 2003 p«e*io<s Dale Appikacioa Rcccivtd: 09-17^ Dale AppUcaliM CMuMertd at CoMpIttt: 09-3<M)3 60-Day Rnict* rtriod Eipim: 1I-3IMU To; Chair Smith and Planning Commission Members P.on Moorse. City Admi: ustrator Fron: Melanie Foth, City Planner Date: November 13,2003 Svbjcct: 03-2953. Raymond & Nylcnc Newkirk. 1489 Shoreline Drive. • Variance - public hearing Zoateg Dbirict: LR-1 A, Single Fonih Lakeshore Residential, 2-acre minimum Lot Area; 0.71 acre (31.118 s.f.) Apptkatiom Stummao": The applicants are requesting a hardcover variance for their property on which they arc rebuilding a new home They arc requesting hardcover variances within the 0-75* and 75’-250* zone. The request consists of; 1. Hardcover variance in 0-75* zone of 1.4%. consisting of a staircase to the lake, where Of b is allowed. 2. Hardcover variance in the 75*-250* zone consisting of 35.7% hardcover where 25% is normally allowed._________________________________________________ 5t^Recommendation: Planning Dcpartircnt staff recommends the following: 1. Approval of the hardcov er variances as proposed, hardcover within the 0-75* zone at 1.4^0 and hardcover within the 75*-230* zone to be at 35.7%. Hardship Staff finds hardship to approve the harJnn er variances as retiuesteJ due to the nature and location of the shared drivewtn and the inaf':!:,'\ to park vehicles along County Road 15 ______________________________________________ Pcrtmenl Zoning Ordinance Sections Sec. 78-282. Lakeshore hard cover and land alteration regulations. In any LR-IA. LR-IB. LR-IC or LR-IC-I district, within 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporary or permanent structures except as permitted under section 78-281. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 feet to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 feet to 1.000 feet of the shoreline, there shall be no greater than 35 percent hard cover. (Code 1984. § 10.22(2)) Lbt of Exhibits A. Revised building footprint meeting 30* side setbacks B. Revised hardcov er calculations C. PC Memo & Exhibits as of October 20.2003 riUE0l»-»S3 Nov?mb«r 13 2003 P«9«2ars ItedtfrmiBd The applicants* initial request \%as for hardcover and side setback variances in order to constiwt a new residence on the 0.71 acre lot within the 2*acre zone. However, the Planning Conunission at their October 20* meeting asked the applicants to redesign their home meeting all of the required setbacks for the LR-1A zone. The Planning Commission did feel that there wns a hardship due to the location of the lot. the shared driveway situaUon and the inability to park on Ciy Rd 15 to grant some level of hardcover variance for this project. After sever^meetings w ith Staff and another visit with the Plaiuiing Conunission at the November 5 work session the applicants hav e designed a home to meet all of the required setbacks. The applicants arc requesting a hardcover variance within the 75 ’• 250 zoiw of 35.7% where 255o Is allowed. The applicants* request for a v ariance within the 0-75 zone is merely a formality ’ as the 1.4? o ha^cover in this zone reprcsent.s an allowed 136 s.f. staircase to the lake. LOT ANALYSIS WORSHEET Lot AreaAVidth: LR-IA Lot Area Lot Width Required 87.120 s.f. (2 acre)200* Actual 31,188 s.f. (0.71 acre)132’ Setbacks: LR-IA Required | Existing Proposed Lake 75 ’53.5 ’75 ’ Rear (street)50- 191.5-50 ’ South Side 30*14.r 30 ’ North Side 30*19.9 ’30 ’ Average Lakeshore The existing and proposed homes both meet the average lakeshore setback. FILE* 03-29*3 No«*'rs«f 13 2C03 PaS« 3 of 5 Structural Coverage; Total Lot Area Total Structural Coverage 31.188 s.f 10 71 acre)Allowed; 4678 s f (15%) Proposed: 4470 s.f (I4.3®b) Hardcover Calculations; Hardcover Zone Total Area in Zone 0-75 9997 s.f. Allowed Hardcover I Kxisting Hardcover Proposed llardcoser Os.f (0%> 775 s.f.* (I2.8'»o) 136 s f (1.4%) 75 - 250 21,191 s f.5297.7 s.f. (25%3 9241 s.f (43 6«o) I 7575 s.f ' (35 7%) • After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicants arc proposing to reduce the amount of hardcoser on their propertv m rebuilding their home. The current hardcover amount in the 0-75* zone is 8.9% including the lakeside deck and stair. The applicants have proposed reductions to reach 1.4 ®o hardcover within this zone. The existing stair to navigale their steep slope will be modified slightly from the existing and a 32 s f plitfonn are located within the 0-75* zone but arc not ofTicially counted toward hardcovei as ihev are excluded by the /'mine Ordinance. The 75 ’-250* zone currently has 43.6 “o hardcover and the proposal will reduce hardcover by 7.9% with a total percentage of hardcover in this zone at 35 ?'*o where 25*/o is permitted. Hardship Statement Applicant has provided a hardship statement in Exhibit R. and should be asked for additional testimor!^ regarding the application I/I comldtring applicallons for variance, the Planning Commitvion shall consider the effect of the proposed variance upon the health, safety and h elf are of the community , et isting 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 unique to the individual property under consideration, and shall recommend approval only when It is demonstrated that such actions will be in keeping w ith the spirit and intent of the Ornno Zoning Code. Hardship Analysis Staff finds that due to the nature and location of the shared driv e and the inability to park on County Road 15 a hardship exists to grant some level of hardcover variance for this propeny. FILE0C3-2S53 No««mt*r13 2C03 Pagt4ofS StafT would make the following recommendations in regards to the criteria for**undue hardship” pertinent to this application: ^ • "Th^ property in question cannot be put to a reasonable use if used under conditions allows by the official controls." In the opinion of staff this criterion is not met. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The applicant has proposed to reconstruct the entire home, thus requiring more strict standards than that of a remodel. The property', excepting the lot Hidth and lot area xariance. must have a full review and be brought into compliance in the circumstance of a re-build variance, if granted, w ill not alter the essential character of the localitv " In the opinion of staff this criterion is met. 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicants have not indicated economic considerations as their hardship In the opinion of staffthis criterion is met. 5. “Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Xot applicable. o. "The Board of Appeals and Adjustments or the Council mav not permit as a variance any use that is not permitted under this Chapter for propertv in the zone where the affected person's land is located." Sot applicable. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Sot applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." In the opinion of staff this criterion is met apply generally to other land or structures in the district in which said land is located.” In the opinion ofstaff this criterion is not met. FILE«(U-29S3 Nowamtar 13.2003 PagaSefS 10. “ The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.* In the (pinion of stcff this criterion is not met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." In the opinion of staff this criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." In the opinion ofstaff this criterion is not met. Itsnes for Considcratioa 1. Are there any other issues or concerns with this application? Staff Recommendation Planning Department staff recommends the following: 1. Approval of the hardcover \ariances as requested. 2. Removal of all fabric and plastic liners from planting beds. utllHlllilll 111 CERTIFICATE OF SURVEY FOR RAYMOND K NEWKRK OF LOTS 3 It 4, N.J, STUBBS F«ST SUBDIVISION, M LOT 2, SEC. 11-117-23 HENNEPIN COUNTY. MINNESOTA ) • i353r~" T' iW-Tko'-* (-*r f>w«> 1*4 mi f-Jk . ' •felJk* .4»*A ■‘bo* ( VaT 4'%a^ #U»r OHw3r^ II ®- 9W^ l“« AC*a*iz.*ob u n. n.oooT !.•<• 9 M «. W a STUMS ntST SUMrvSOK ill LM Z Sic. II. T«». 117, 29 • i «pi»l«« »*n ‘tm\m mi • : cmMm iTM Mrtc ioiM |NM)< «m*im •ulMf mmH mm^mn, wimp m« im«i Mtipn >tl7>> ; MMitl •W«US CMlM *M. mmrn* M« ••>« Star pf* a^*" arc Maa« mm a" mtmtrm* MU^ Tim air««y Vianet la mm* 9m aa«P<a»«t al «M «aaM Maarka« raMaiii. IM iKabafi oi •» aua(*<t nauaa. am ina 1 •mmm “Mraca»ar* «MaaA ■ «aaa nal aM»aM <• »*r •9m» awMa.awaaH ar aacaaeinMnla. O ; Va^n. <4y. SISti z-r «oT 0 5r s » » r N. a ♦n■ o 1^♦ N HIfl lO I mmum«.a M Wccn ar- M • EXISTING HARD COVER TABULATION: Ql=24' Houm Otdi/Potio0U»*k< Rotolning Wbll Oak/H»{oo L>We TOTAL: 18 Sq. Ft. 405 Sq. Ft. 96 Sq. Ft. Z.56 fH. boT Sq. Ft. LOT ARCA:9.997 Sq. Ft. % HARD COVER:b.\ % 75 ‘-250* House Driveway Concrete Deck/Polio Ret. Wail 3.208 Sq. Ft. 4.900 Sq. Ft. 743 Sq. Ft. 387 Sq. Ft. 3 Sq. Ft. TOTAL:9,241 Sq. Ft. LOT AREA:21.191 Sq. Ft. % HARO COVER:43.6% PROPOSED HARD COVER TABULATION: Q-75 ’ Oetk./S^.>fc oL»kc Sq. Ft. TOTAL:\V- Sq. Ft. LOT AREA:9,997 Sq. Ft. % HARD COVER:\AVo 75*-250' House 2nd FI. Balcony 1st FI. Contnever Driveway Concrete 4.45b Sq. Ft. 12 Sq. Ft. 5 Sq. Ft. Sq. Ft. Tix» Sq. Ft. TOTAL:^,S^S Sq. Ft. LOT AREA:21,191 Sq. Ft. % HARD COVER: nr€»v*\ L"*" i^r«a •. IS*fc »(> To^»^ LiA* A»«».\ l>\,\hb Si.^. 1 r •• t« 1- • rcEf os-ms OcMtarSO nos PaotSdO PfHi«c«t Z«ai»g OrdiMwcc Scctioas S«c. 7B-2t2. Ukctbm kard co\cr aad fawd akeratioB rtiriartti In any LR-I A, LR-IC or LR-lC-1 district, uiihin 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporary' or permanent structures except as petmined under secuon 78-2$ I. Within 75 to 250 feet of the shoreline, there shall be no ff^than 25 per^t cover. Within 250 feet to 500 feet of the shoreline, there sUI ao^a ^ 30 percent hard cover. Within 500 feet to 1.000 feet of the shoreline, there shall be no greater than 35 percent hard cover (Code 1984. § 10.22(2)) Lot Am (acre) Lot Width (feet) Yard (fcei) Side Yard (feet) Side Yard Adjaceni Rear Yard 2 SO 30 SO SO Sec 78-1247. Land alteration and building permits required. Lbt of Exhibits A. Application B. Hardship Statement C. Existing A Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Letters from Neighboring Ouncrs G. Propeit}'Ov^'ners List H. Photos I. Plat Map J. Conditional Use Permit'Orading Application Baekgrunnd for IxxJ in the 0- FtLE«0>2MS OctoMfM 2003 PagtSoft LOT ANALYSIS WORSHEET Lt Aff/Widtil; LR-IA Lot Area Lat^ldth Required 87,120 s.f. (2 acre)200* Actual 31,188 s.f. (0.71 acre)132* Sflbldtti LR-IA Required Exbting Proposed Lake 75 ’53.5*75* Rear (street)50*91.5 ’89* South Side 30’14.1*15.0* North Side 30*19.9*20.3* Average Lakeshore The existing and proposed hcHnes both meet the a\erage lakeshore setback. Slrttcfiiiiil CovcfiEt: Total Lot Area Total Structural Coverage 31,188 s.f. (0.71 acre)Allowed: 4678 s.f. (I5V«) Proposed: 4478 s.f. (14.4®/i) Hardctt^or CalciiliHoit Hardeover Zone Total Area la Zone AHowed Hardcover Exbtiag • Proposed Hardcover t Hardcover 0-75 9997 s.f.0s.f (0%) 775 s.f.* 0 s.f. (12.8%) (0%) 75 - 250 21,191 s.f.5297.7 s.f. (25%) 9241 s.f.* j 7222 s.f. (43.6%) 1(34.1%) * After exclusion of fabric or plastic-lined landscape beds Side Yard SeCbaek Variaaec The applicants are requesting N-ariances from the required 30* side >*ard setback on both side yards of their proposed home. They do not wish to encroach ftmher than their existiag home, rather have proposed to encroach less than existing by I to 2 feet on each r side. FILCi OS-MU Oootar 20.3009 Paot4«ro Hardcover Setback VaHaacc Tte Wl'cuts m prop^ng lo reduce ine araouni of hardcover on iheir property in rebuilding !h«r ^c. The current hardcover amount in the 0-75’ zone is 8.9*/i including the lakeside dwk and stair. The applicants have proposed reductions lo reach 0 5. ha^^r uiUun ^s zom. The existing stair to navigate their steep slope uill be modified slightly from the existing and a 32 s.f. platform are located uithin the 0-75’ »ne but are not counted to\%ard hardcover as they are excluded by the Zoning Orfina^ The 75 ’-250’ zone currently has 43.6V. hardcover and the proposal uill reduce ha^cover by 9.5V. uith a total percentage of hardcover in this zone at 34.1V. wnere 257. is permitted. Hardship Statcmcnl Applicant has provided a hardship statement in Exhibit B. and should be asked for additional testimony regarding the applicauon. Hardship Analysis Although feapplicjnu have included dotailed hanbhip natements in suppon of their comphance with the zoning requirements. However, the lot area and lot width variances are a formality m this situation and staff supports granting these variances. “ •^‘riteri. fo, "undue I. •The property in question cannot be put to a reasonable use if used under condiuons allowed by the official controls * “ ““ “ “>iq« to hi, pntpeny not • rar/met. muu hove a/Ul revuv and be brougbi Into compliance In the cir^amsiance FILE* oyms Oclotef 30 30C3 PagcScfe of a re-build 3. *Tbe variance, if granted, will not alter the essential character of the locality.” The existing home currently encroaches further Into the side setback further. In the oplrdon of staff this criterion Is met. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” The appltcants have not indicated economic considerations as their hardship. In the t^lnion of staff this criterion is met. 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered coostrucUoo as defined in Minnesota Statutes. Section 1 16J 06. Suhd. 2. when in harmony with this Chapter.” Sot of^icable. 6. "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 propert>’ in the zone where the affected person's land is located.” Sot a/plicable. 7. *The Board or Council may permit as a \*ariance the temporar) use of a one-family dw’elling as a two-family dwelling.” Sot applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” In the opinion of staff this criterion is not met 9. "The conditions do not apply generally to other land or structures in the district in which said land is located” In the opinion of staff this criterion is not met 10. "The granting of the application is necessary for the preserv ation and enjoNmcnt of a substantial property right of the applicant.” In the opinion ofstaff this criterion is not met II. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” In the opinion ofstaff this criterion is met 12. "The granting of such variance will not merely seive as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.* In the opinion of staff this criterion is not met Immm Cm’ CMMMcTAtiss 2T,isis;4 r^SsSLr^ *« -***««>" - idataraam •■* « nare irom me pr tide yard setb«:k for ifau afiplkmioo? 2. Are there any other issues or con cerm wtfi thic appf Stall Rccammcadaliaa Planniag Departuieia itaff recomm«Mfa tii# '■ 2. Denial of the side setback variances. 250* zone. wiuun the 75 • *' I** use pBBiii in oriCT to remove . ailing wtiBj,. w.n ^ uiE iMvaiHire «wu as pmnftst the retaining walls will be eliminated. 5. Removal of all fabric and plastic liners from planting Vds. ** "«“»8 suff I lifiiiiiiiiilMr^' - exhibit A cm* OF ORONO - VARLXNCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Varbnce for non*conforming structures S250.00 After-the-Fact Fees (Double application fee) AppUcaHoa < 6^" Date Received ’-h Amonat Paid S £>:;.oO PROPERTY INF< Site Address ORMATION , /ygy C^i.#/>ue J) Property Identification Number (P.I.D.) IH/72.1 27d eg 9 Attach legal description to application if rot included on required survey. Date Property Acquired_____Q- ______ I (do)([do n^S^also own the adjacent parcels of land. .(fr.:r-V>ear) Present use of (sp<ci^), Zoning District:. APPLICANT Name Address t n ! hf / / P*^onc (home) 95^ " O Phone (work)/>/> V ■ 7>d C I 7 S'! ^ L*. /.>»< Vir, Ci^: LUa v 'tA. Zip: S'ST??/ OWNER (if difTerent than applicant) Name Address: Phone (home). Phone (woHv)_ - Zip-. DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: aTTa*L%,J VARI.ANCES REQUIRED yr Lot Area Lot Width (anach additional sheets if necessary) A/*Hardcovef .Lc: Coverage Setback: __Front ___Side ___Rear Other (specify)______ Average Lakeshore H.ARDSHIP/DESCRIPTION OF UNUSUAL PROPERT\- CONDITIONS Describe undue hardship or practical difficulty (^unusual p^pertv conditions preventing compliance with Zoning Code requirements: 3^ a. d_______ (anach additional sheets if necessary) 1 REQtlREO SUBMITTALS far ^ iffPlkirion tftirflinf datt !■ I. — Completed Application Form ■ - Co»i Cenitr. 34J.59lor Couno- Dcpi-incm of Finance. A^y reproduction ^ P"*'"** <» «P> «•/»" x IP for * I SH;fHrT~3i'Hr- __ Additional items as may be requested by City staff. “V ■*-•« *PP'-.ion. p,.a„ aBPMyaugn II nPI fftWipim if thr ibnve informf.ttnn has not h>>n APPLICANT’S SIGNATLTIE consultant expenses incurred in re\iev»- of this a^olicario^'*^/^ supplied is true and co^Kt to the best of higher kiSiwlLJI ’ 5. 6. 7. 8. o\\ner($). other persons Dale y-/7-P^0j —M.^U.FCU in rexievii ot this l supplied IS true and coijKt to the best of hisher Applicants Signature OWNER’S SICNATU r/ X’Zo tuff'CsuTu^u r't“ r "" members for purpos^of investigation’and ^crificeiion of this?2«jo^of investigation and venfkerion Date 3 Meeting. Planning Commission Meetinas txt Teld on die AW Commission Applicants most be preseal at all sehedaWwIem me^daw ofA^D^®'?*' CounciL If an applicant is unable to anend a Kheduled "f Commisslot aad have an authorized agent attend in \our olace an^t it .J • •rrangemants to clunie prior to the meeting. ' ^ ^ Zoning Ofnce of this .ao-- fr •.T* i a 1 ATTACHMENT TO THE APPLICATION OF RAY AND NYLENE NEWKIRK 1489 SHORELINE DRI\^ A. The Proposal The Ncxfckirks propose to demolish the home at 1489 Shoreline Dr. ihc> have lived in since 1999 and build a new home on the site. As they considered the aliemaiives* of a major renovation of ®he home on its present foundation, or, building a new home with basicallv the same footprint, they of course considered the economics of each alternative. The decision was tipped by an outside factor, the noise from Shoreline Drive / Coimty Road 15. With new construction they could most effectively create barriers to the noise; thicker, bener insulated wnlls, brick and other reflective finishes, special sound dampening windows and glass, and most inportantly, they could use the design of the home to mitigate the noise from the roadway. The inrerior plan of the home could be changed to use the garage to buffer the master bedroom and cluster the most active areas of the home in the inner most parts of the home. The new home is larger than the Newkirk’s present home, but is not atvpical or unanticipated for its lakefront location. And, as the Nev\kirks made their choices about the new home, they held a prioritv for maintaining the existing relationship of the present home with their neighbors in the new home. As a new home rather than a renovation, the Newkirks have the resportsibilitv- to comply with the present regulations on this previously developed site. To allow their nevv- home to be constructed they will require three variances. B. The Requested Variances The requested variances are: 1. To reduce the required LR-IA lot area from 87.120 sf to 31.118 sfand lot width from 200 ft to 132 ft to recognize this existing. I<ut non conforming homesiie. 2. To reduce the required side vard setbacks 30 f ;. 21 ft on the north and to 15 ft on the south to generally recognize and maintain the existing, though non conforming, side yards and relationship of the present and new home and the homes of the neighbors. 3. To increase the allowed percentage of imperv ious surface in the 75 to 250 ft area from 25% to 34.1®/o, a reduction from the present 43.6% coverage in that area. The exact dimensions of these requested variances and the comparison of the present and proposed homes follow as Table A. TABLEA. SW«MARYAM)Q|JANTinCATIOSOrittQUtSTEDVAIUA.\CES REGULATION lr -ia lot standards Area/sq ft ^Idih Side nonh side comers south side comers LOT coverage house only HARDCO\TR 0-75 ft Zone Lot Area/sq ft house sf dri\ ev\ay sf concrete sf deck / patio sf ret uall sf Total allowed percentage 73-230*Zooe Lot Area/sq. ft. house sf drixeuay sf concrete sf deck/patio sf ret walls sf other Total area / sq ft allowed percentage STANDARD present PROPOSED 87.120 200 ft 30 ft 31.188 132 ft 31.188 132 ft 19.9/53.8 ft 14.6/14.1 ft 20.3/39.5 ft 15.0/ 19.6 ft 4678 sf 13% 3226 sf 10.4% 4478 sf 14.4% none 3298 25H 9997 18 none cone •105 96 319 5J% 21.191 3208 4900 743 387 3 none 9241 43.6% 9997 none none none none none none none 21.191 4478 2466 146 115 none 17 7222 34.1% C. Hardships and Unique or Mitigating Conditions ]. Lot and Area The Newkirks propose to use their present lot, the lot they have occupied since 1999, and has been the site of the present house since 1964. for theL- new home. This homesite, containing two planed lots, cannot be expanded to the west due to the Hwy 15 right of wnv or to the east into the Lake. Table B describes the adjacent lots between the f anager Lake Bridge and Brackens Point TABLE B ADJACENT LOTS AND LR-IA LOT STA.NDARDS .Area / sq ft Width Required 87,120 200 ft 1475 Shoreline 46.529 1487 Shoreline 28.317 125 ft 1489 Shoreline 52.329 132 ft 1491 Shoreline 48.170 190 ft 1200 Brackets Pt 40,293 195.638 4.5 ac SouSource, Henn.-pin Countv- Combining the Newkirk s non conforming present parcel with just the parcel to the north, 1487 Shoreline Dr. (also non conforming), or just the parcel to the south, 1491 Shoreline Dr. (also non conforming). wx>uld provide the required lot width but would not provide enough additional lot area to create a conforming lot. To create a conforming lot the Newkirks would have to acquire both 1487 and 1491 Shoreline Dr., demolish the homes cn those lots, and combine the lots into a single new parcel. It would be a practical if not iir.possfnle hardship to require the Newkirks to create a conforming LR-I A lot for their home. The result of gn-.-ang the variance wo-ald be to simplv rccog.nize the existing a.-. J compatible condition. The continued use of the lot for a newly con«*..'’acted single family home would not introduce or create a.ny new impacts or conflicts a: the site nor alter the essential character of the area. The 15V, lot coverage standard is met by the proposed home on the present lot, and the existing relationship of the homes w ould be mainlined. .Absent the requested variances to permit rebuilding the home, the 0 to 75 ft coverage will not no: be reduced by 519 sf and 100%, and the 75 to 250 ft lot coverage will not be reduced b>* 2019 sf. and 22 %. 2. Side Yards On a lot assumed by the Code and the regulations for the district to be of over 2 acres in area and having a minimum width of200, the LR-1A requirement of a total of 60 ft of side yard, 30% of the lot. is compatible and reasonable. If the lot is in a.n a.'ca of mo acre lots, each at least 200 ft wide, this requircmcr.; is probably essential to the nal-*.2ining the character of that district 3 ofih. Ne*ldA-, 132 ft ui* lo. «,be «s^ for side yard. It is not as reasonable, and creates a hardship. especiaJlv in an area or distmi uhere iio lot is mo acres in area and only one lot is over 200 ft in width. Str :t ch^tcr of developinent in the LR-fA district, and Lhe mo acre stand^ wd the required combined 60 ft of side yard on this side of Shoreline elimi-ates the ^r^ty for typical or anticipated development of this lake from site. This Kand^rd iJJes ^di nei^rins homeo^MKn have revie«ed the building plan and the req. •« f.- variance, jmd ha« no objecUon to U«ir being g™,,ed. The existing plantUtgs and S-t bi^Sr provided by iwrely distance. Granttng the variance uould simplv maintain the er-H^.>-ed the e^i nelauonahip with the adjacent homes «k1 m,t alter the e;sential chi^K^of tl^-e^Th. ^ the Neutirk-s home to both the home cn"the no,* mul ?mv^Z*h " T!? •"* l»t«een the homes well hi exce« of *0^provided by n^lydi«ance. The vistml space bemeen Uie closes, comers of tfte'new and pl«es the most passive uses, the garage, closets and master bath, on the south sid* of the hom where greatest area of new side yard intrusion. 736 sf vs 451 sf. is located . the home, the 0 to 75 ft coverage will not sTal^^V. ' “ «0 ft 'ot coverage will „o. Sd ^ mT» 3. Impervious Surface. 75 to 250 ft. As }^u know by novw we don't think dte site can be enlarged to create «lditio- •> i-cervious surface* offset or tde a gieater ^ucUon in Ute necessary, typical and mtticted m^I ^veway ^gement. that cannot be pracUcirily altered due to the engineering sa-dr^rf Hennepin County, severely reduces our opportunity to further reduce a major imee-.ious Crating the va^ewUl allow consmicUon of a new plan which will reduce te 0 to 75 mtpervious surface fiom 519 sf to 0 stand the 75 «,250 ft impervious surftce from 9241,”* 7222 it TWs iwnridw «tddidoiid 2521 sf of abioipdw IS ovcnil, and 100% m the impoitiot 010 75 ft wet. Gnctisg die wiaoce mill implement die new plan raAi^ the existing bituminous dri\ew^* area b> one half, and using concrete pavers, wlUiA while ^1 impervious, udien oonpared to bituminous, disperse and slowa the rate of funo^ tw diis reduced, but still sigruficant, component of the impervious surftce on the site. The Newkirk s proposed home and impervious siqjport a.*eas are not exccssh e. but typical and armcipwed development of this lake front site, and graai:| the variance wiD provide significant new absocptive surftce, improving the quaU^r of the direct runoff to the Lake while not ahcring the essential character of the vicinity. Rev IOVl/03 J exhibit B SUMMARY OF CONDITIONS RAY AND NYLENE NEWKIRK 1489 SHORELINE DRTVE A Lot Width and Area Hardship 1. The site cannot be extended to acquire additional lot area to the west due to the Shoreline Drive ri^ht of uay, or to the east due to Lake Minnetonka. 2. Due to the present area of the Nevtidrk*s parcel, and the area of the adjacent lots, both 1487 Shoreline Dr. and 1491 Shoreline Dr. would have to be acquired by the Newkirks, the homes demolished, and the lots combined with the Newkirk's lot to create a new single lot that is conforming in area to the LR-1A standard. Unique or Mitigating Conditions 1. Tee variance would simply recognizes the existing condition, a single lot created by two platted lots. 2. The continued use of the lot for a newly constructed single family would not introduce or create any new impacts or conflicts at this site nor alter the essential character of the area. 3. Tne 15% hardcover standard is met by the proposed new home that is the subject of the requested. 4. Absent the requested variances to permit rebuilding the home, the 0 to 75 ft coverage will not be reduced by 519 sf and lOO^^o, and the 75 to 250 ft lot coverage will no; be reduced by 2019 sf, and 22 5. Th? existing relationship with the adjacent homes will not be change nor will the essential character of the area be changed. B. Side Yards Hardship 1. Additional lot width cannot be purchased from the neighbors as their lots ere also non conforming due to area and any deduction from their lots would increase their non conformity and therefore would not be permitted by the Ci:>. 2. Requiring almost half, rather than the assumed 30^/e. of the width of this 132 ft wide lot to be reserved for side yard eliminates the opportunitv' for ivpical or anticipated development of this lake front site. Unique or Mi'Jgating Conditions 1. Granting the variance w ould simply maintain the established the existing relationship with the adjacent homes and not alter the essential characterof the area. 2. Both neighboring homeowiiers have reviewed the building plan and the requests for v^ances and have no objection to the'ir being granted. 3. Tr.e existing plantings and landscaping between the homes provide a rr -'J) rcquiremcnL ^ “ * tT 1ST ^ w tf«4i I if i, fejiijr*’ *'"-'4' “«®f ’p,^3rjs:ssKrKs-;;:;s;‘lo. coverage %vill not be reduced by 2019 sf. and 22 %. ^ C Impervious Surface. 75 to 250 ft Hardship I 2. 9/If03 . The site cannot be praciicaUv enlarged. ^ ®” Shordb,. Dr. .dj«c« Unique or Mitigating Condiuons '■ EaSS=H=r —sf ofabsorpiive surface on ihe J,u l^Z^' ^ 2«« inteim;^,un,0,o;rfi„er "»«" s:^:sr«srrs3r.3rr'*^'*-''“^ : • c ■*• **v ^ ^ ‘ . i > .‘t S Tif" .^■’’ C / fv- *----fcraw*«>♦ » EXHmiTC-1 »V ' JKM « Mil! ‘ •:u u«r( ' jiiiiiiiiiiii ~1 Arm 11 III I.. / ^• ■OHW §29.4 CONTOUR •EDOe or WA1ER 2 SEPT 2003 5Sf,ra2??»^N?i‘52%S5S?"- HARO CO^«R. vwrt UTM OTY. MOT KCLUOCD M HARO 00\CR TAitES. . Ti / «/»* MM P#C ^ L I ^ M"l*i \ U.^«.. iiiiiiiiii'ii f .1* ■4/-ti HI#K» aCMM tnua naaiaw V «MT BM «*< •») •■ ••• _ COMB MWf M<M <>•• uoia m MMo COMB itBii-. e 5Hn I i z Q HS i /7 m rjl^ylg||.5| e i Kij K! I) rimH 11 'j fiidf iiS nSftiBfflp < irnn*■ ii*it VMNrMM k»r »p^ n r f;,i!f L i ' puMi M non Be ot.r. NOT TO BB UMP MM OflNilWCnON -58MI- !Kw5iK?&Mi!iiiwcrieH L'llll I; I !I r ROOM PNI8H 6CHEDUU£ 4a \l ifi EARDCOVSl CALCrLATIC?C WORXSEIll fs fCTBAClC zorot (CXlCLtOND rSCIV /4# y WA»?^mvT«W IfVTC A. Ite«a B. C D. I. r. IMtetiia Bynmdt TOTAL KAXOCOVC^ D( ZON2 TOTAL PROftKTY AIZA IN ZONE ♦ 8 S 100 pnopom HAftDCOVER-DLZQSX (jsaa^:irx Jtso'^ B. On|t C OiHmgr o. c. MeM f. iBdFHTt Uateiifa ByRMiB a Ode TOTAL KA8EC0VSIV Z3SS TOTAL MOroCIY AUA N ZON2 Q * B * • »"sIGO foo>:»r •^lOTBIT E S^. SJ. SJ. Sj. SJ. SJ. ___ SJ. ss. SJ. ^1/ %s. X SJ. A SJ. • H SX 8^. •IX fJ. SJ. 1^. SJ. sx 5X H*LT. 4^- .»X Aii 5 - S^. A SJ. B n pr.*•i i-- CALCIXATlO^f WORXS51£T JixiACX zotrsi cCTni ond •>-}• SL£A3fiCQ2^2,£LZCS in’fBO’f80.::n* ^»//73 iim A. HesM B. On(t C e. Sdn^ai B. UBtefib •y flMk TOTAI. KARDCOVSl C< ZONB TOTAL PROfOTY AX2A IN ZONE wiQgcggp itAMPcovwi m ypiwT a. Otntu C Dcio fiy D. KdmB I. *. Le^cg;< {JudMiSain 9y rimis & ce^ . X ICO TOTAL EAJtDOOVSB ZONE total PJtOPStTY AREA Of ZONE A • 1 _5JjA!X 100 .5^. JJ. TF. ^t4l L11 q I .W- .IF. .IF. IF. LF. .S-F. .SJ. iF. A SX » .IF. .».F. .JF. .V- .J.F. SF. S.F. .S-F. SF. SF. .SF. .iT. _SF. Tt-c. 1.1 If 1 \ .SF. ;SF. A SF. 1 EXHIBIT F Jantt and Richard Kriar 14S1 ShoraantOdva Orono. MinnMota 88391 aS2 478 3653 hiCEIVEO SEP 'i 3 2003 cnvoFuflOAio ryT / if>4 OU/\ ^ f ^^7 /tltnc* ii^CjttCA /r</ Scptembar22,2003 Ray and Nylane Newkirk 1489 Shorelina Drive Orono. MN 55391 RE: Side Yard Variance Dear Ray and Nylene: Thank you for sharing your naw home plan with Jan and I. It is certainly going to be a beai4iful home. I have aftsched a copy of the form that we sent to the City. Given the plans that we saw with, the roof sloping away from the side lot line and the distance between our home and yours, we would support your application for a variance to the side yard from t’-e required 30 feet to about 15 feet Wo have two concerns that we expressed to you and your wife last week. Our first coTKem is that part of the grading on the southeast side of the proposed home and the removal of the existng retaining wall and subsequent grading will have a detrimental effect on the large 52 caliber inch Maple located in our yard. Both the retaining wall and this la-ge Maple are in the area between the Lake and 75 feet from the Lake. As you indicated, you thought that this could be worked out We would be glade to work erith you to determine if a solution can be agreed upon. We are certain that you can understand our ccr.cam for the protection of this large beautiful tree. Our second concern is the lot grading, ft appears that by raising the elevation of the lot it is possible that more s;c^ water drainage woUd drain to our land. ANhough. as we discussed, this rray not be Ihe case, a site grading plan would be Mprul to insure that atom water drainage works well in the future arxj the addition^ fill does not contribute to storm water running across our property. We appreciate your willingness to work with us on these concerns and we are looking forward to hearirtg from ysu soon. Sinc^^ RiehwdKriw 23.2003 143mofrifa»lMvf Om^MiL5S301 Kt:L«fiUiVltTfn you kr your iMMrmvdtag ite Ivgi Miflt M on ite Id 8m. Wf ait ibout At Mftiy of liHt M. b providn a vaiy aioa buflk batwaaiiiw two u wdl aa prawtfti a pad dial of Mt to our hom in tiM MBMT had. TIm Hababoady Wa ara oyu« to codpfy with tha chy aoodi ofO hard oovar in tba 7S fboc ad back. This b lha only itaaon te fidovim tha idainitg wal. I wiD raviaw the propoad ftod ihi laadacapa eodrador with you aa Boon at 10d a copy. Raprdhig tha wdar drab^ baua. ha b alio awara ofthd and aaw no itaaon w^ tha drainapa would not atay muco thaidna. Tha Bid thna you aaa draminta you win nota tha air eooditiooan hava alao baan dovad aa you raqaaitad. T^rlana and I appiadata your oooctmi rapudiaf our aaw boda aad wad to maka aura b haa a poahiva inpaci on our naifhboih^. LniM A«KMt rraptnjr l^ram* Ai (ptint MnK*i»»] MWVID SEP U aOQS cmrofonoMo hm revtewH *e flw for iropoMd imimrai «r pcopowd Mc of iW Hij >S?te£Cli#^g •!» •• Uirf Ui« ApplicMfo® No._____ I Cwe) URtkMJod foM in cnccirtmi; foil ocknowledpvinait. I Cwt) am (am) wt mked lo Mam apnmil ar fompprovd offot m om foil nwily lo confirm forte C«y Ccmcfl ^ P»w and foai foe peopled neighbor*! proieci or Ebte 9//3/d^ I <»«) ~3^nm(i R.iUin ^ I 7^.,, ^ /)| Ipiint noKitfis)}IpnRf ad«ltci.%] j:cU at I fwe) uedatend ilui in cxccuUng foil acknowledgemenc. I fwt) am (arrt nuc ailed lo dielanr approval nr dinpprovtf of foe propeny or ooe foil merely lo confinB for te Ciiv Ccuml fom I fwr r am (art) aware of te improvcmeol pims and that foe prapoied ncigthoe*! inject or BIT tciitiret Cvuflcd anx^'ol- Pf»nvny Ouwer Propvn> Owner Oiu If you bm.c any infermalioii dial miy aisesi te City in foe review of foil t»d Vie Applicatioii. pkam submit yoitr commects 10 foe Ouilduig ft ZorJag Office at k«i !0 ibn prior to foe ideduted meeting date •. #2y<-^. V^. J<u/ O !(•«) A4MM rMpmjr OwMn* Acki __•r Iprittf ajriKia)] Sy c5i5tel I C<**) M (wr) fwt •f te im|tfn%tfmi!ftt plaeft aatf ifeii the ___.__ CnkS <tpi»««L wiflbarli Trolcct «r fropeny frapetn 0««cr Duti; h M MIMft)] ^saas:s?«?c5 JESS'!!::!” ‘™- dteJi *“ •ck^w^kifttmaiL I «wc) asn 1m) net mUd tn .ta I (^ (»)^sri *“ *• ««c n^KKt Cmiaril sppioviL Irnnt j%!Jrc3>! -h-.- c»>««-r.. ptiTii ^-/B~^G=K nute “ M «y iwftraMtkw Ihsi die Cuy io lb« miew oT U»d Um '* *• * 2^* oni« - •«..» Ink. EXHIWTH-I i / A^ . -A I Mm m “^OUTH Pi^feFP/ LifJF iitrrT-'Ni^ 'AeYJ FV^M ivAui- vt^ T-I^M LA.K6" «4MM«»vfMaeJBfl exhibit H-X iiX' W, ''•v^s*^*✓®Jfr -r /■ V - -i' ^^-. • • • U ■ ' r*• ^'k'- ■ VtJilfira £: •A’ t . > i 'f'x ^DiZ-w p ^P ct-tv i,f^Je c^f'>!= y>r<^) Ue^\ TPAA^ lAte^ / , ' » S>.)7K UKS CuT>iry^0\ nev -nvAi2i> m t*. > ^. * « ftNL± km .'*-■ •• / / r r.. P* 0>»^Bj*.\fS55):) cximm roacmiuosLv Aww^Sy curriM %mf\m cm- or ORONO . user DEFESTD/GENTRXL permit (Mi 9trt»n tm Kristi ^ iJ» 3_‘4_'4 Cfr«A irC orZonrt I lob Site / 0«ki)er Inromation; Site Address: 1^9 It SKihp, /V 0«ner NAddress: Cit>: Zip: Home Phone; ~*/76- oS’>^c Alternate Phone: SAl^t. I Cowtmctor/ Applicant Inforimtion: Conirictor/ADD.: T)d f/t ' c^t«i Person: Address: TUC^I State License*; Cit>: f^lDD/yLO'UjZ^y< Z\v.i^^*-f2>0 Expiration Date; Alternate PhoPhone:Q^7 > - Z-'7'f<4 TYPES OF USER PEFIMD PERMITS r~1 Stairwav to Lake n Reta'-'-o Wallv { 1 Temoorarv TrailerOmni ■ K. Mf OfAitoi S^Xvjt • <Per 1 BC) ‘Csiiaaied Cost: S C*r»ji . Li*r Dffirfi 5.rihjf|e •(PerlBC) * Cttiaalcd Cost: S Cfntnl - 1 MT Otter •530.00 n Docks - 42“ or Crrater Omni - tiff Offiwd S^JV^A'it Q Commercial - (Per 1 BC) • Esttauted Cmi: S ytf Linj .ViCTiiion C«-f-5.-V»frOr'-fi K 0-5 ;0‘ - S50.00 Vfftf, SM O *-575.00 Nff(S»CCP. n Zoninc Re\ie\k CfTifn! - t tf» Otf •< J • For0.75 Zone-DOflO Cn«nl - t*f» Offtnri □ Resideiuial • iMM n Tree Removal Cfnml • 1 >.f Drfinft •Vkithin0-7i--130.00 I hcrb> apply for a User Defi^ Permit and I acknouledge that the information above is complete and accurate: that the work \»ill be in conformance uith -.‘-.e Ordinances and Codes of the Cit> and with the State BuiWng Code; that I understand this b Mt a penrlt and work b to stan without a ^ic and that the woTl^UI be in accordance with the ao($^ plan. S00 3 # '/////////Ill illllttfff tXHIBTTJ oivnf.4 CONTOUR PSLfJK?*t SORT 2009 «p wtw V1»»A , IT4t4iwAS_____________________ Me,* CJI—^ L.ib«Li*%^ IWJ* I . Y^k^LtL. aU^i, •te>g<y.,STA.ti^ 9 fnmi Date: MJtct: rajEao3-MS No««mMr11. 2CC3 Pl0i1cf3 Chair Smith and Plamung Commissiofi Members Ron Moorse, City Administralor Melanie Foth, City Planner November 11.2003 #03-2966. Code Revision. City Code Sections 78-1749(h) and 78 IS77 _______________________________________- public hearing ___________ SmmHm 9f»rmo»t4 ckma: 1. Neth' regulations regarding parking vehicles, other than recreational vehicles, in ‘*R" districts in excess of 14,000 lbs OVW. 2. Housekeeping and terminology changes. 3. Special Mobile Equipment was specifically deHned and regulations were added. In the past, storage of special mobile equipment was regulated to be stored inside an enclosed structure by the introductory paragraph of City Code 78* 1577. 4. The inclusion of utility trailers within 78-1577(d). 5. Change In the required setback for parking and storage of recreation vehicles and mobile homes to maintain consistency with the setback for utility trailers • within a rear or side yard, no closer than 5 feet from the property line. Recommtmdutiom: Planning Department Staff recommends that the Planning Commission review the attached Zoning Code Revision, make any necessar>' changes, and recommend approval in order for Staff to bring it forward to the City Council._____ PerttaMal Zonhig Ordimmcc Sccdoos ^ 78-1491(h): Conunercial vehicle parking ^ 78-1577: Exterior storage ^ 90-1: Prohibited use and parking of mobile homes and recreational camping vehicles LbtofExhiMls A. Proposed Ordinance B. Proposed Language for 78-1577 C. ExisUng City Codes 78-l491(h), 78-1577 and 90-1 Bacitgraviid Historically, special mobile equipment and vehicle parking was addressed within the introductor>- paragraph of 78-1577 regarding exterior storage. This revision of City Code Section 78-1577 is in part to maintain consistency between the various code sections that deal with parking, to establish additional updated standards commensurate with the NMfrawii aoos Pwg»2tt2 itsideadal MluR of Ornio. Mid to address the »ide mge of vehicle uses %^1dun our community. At the last two Pla nning ComraiiM on woifc sessions the Plaoning Commission discussed amcmitnf the Commercial Vehkkpifking regulations (7t-l491(h)). Out of those work iwkoa it was determined that the code section regarding vehicle storage on private property was a better fit within the Exterior Storage section (Tg-1377) of the Zoning Ordinance. Recreation vehicles and motor homes will have overlapping co\erage in both the Zoning Ordinance (Section 7t-IS77) and within City Code Section 90-1 Manuftetured Homes and Trailers (police enforced) due to the different enforceaent Are there any other issues or concerns with this proposed amendment? Stair Ra commendat ion Planning Department Staff tecommends that the Planning Commission re\iew the anached Zoning Code Revision, make any necessary changes, and recommend approval in order for Staff to bring it forward to the City Council. Comping trailer ineans a foldir^y rrounted on wfagtis lad designed for travel, recreation ar.d vacaticr. usgs. also called > po^Kup anasL L \htor home means a portable lemporar. dwelling to be used for travel, recieaiion and vacation, constructs* j n ar. integral part of • self. DfQoclIed vehicle. Pickup coach means a structure designe.: to he mounted on a truck chassis for use as a temporan duellin.^ for travel, recreation and vacation. d.Travel trailer means a vehicular, tortahle ttrugrure built on a chassis designed to he used as a temrorarv dwe’ ng far travel, recreational and vacatio n uses, permanently identified as a travel trailer bv thg manufacturer of the trailer. (2.) Special Mobile Equipment means every ver -le not designed Of Pfinwn!x _for the transpo rtation of perscri or nropertv and onlv incidentally operated or moved over a highvva-. including but not limited to: ditch digging equipment, moving dollies ;-mp hoists and other well. drilling equipment, street sweeping vehicles. j o&^r machinery such m asphalt sr»readers. bituminous mixers, bucket ^3der», tractors other than truck-tractors, ditchers, lexelinc craders, :'"ish:r.»‘■c machines, motor graders, road rollers, scarifiers, earh movinc jjuirrrent. The term does not include travel trailers, dump trucks. tn.;y.mounted transit mi.xers. truck-mounted feed grinders, or other moto- desiyned for the transtwnation of Persons or prerertv to w- ch machinery has been attached. L’tilin Trailer means anv motorle^s vehicle. . h.?r xh^n a boat trailer or PCfMMi—>*'9lercraft _trailer, designed for cirrving of snowmobiles. motorcycles, all terrain vehicles, or pronenv c-. iu own structure and for being draw n bv a motor vehicle but shall not i--lude boat trailers, a trailer iklSmiSL" nick-tractor semitrailer combinatkor an auxiliary axlg nn » IPgtor vglV > which carries a portion of the :ht of the motor vehicle to which it is anach<?d (bJ Parking of recreational be regulated as follows- wwg vehicles, mobile hor js a.~.d utility trailers shall It is unlawful for anv person to park a mobile h:me cr recreational eamnine vehicle upon public property for human habitatio n in a licensed mobile home park or public,*. owr.ed campground. (2J Llis_unlawfill for anv person to park or store a litv trailer mnhil# The urta ltta language U deleted; the underlined langvi je is inserted. Page 2 of 6 L group of contiguous commonly owned properties that does not contain a principle residence structure. (2) Atadmim length. Boats and unoccupied boat trailers exceeding 30 feet in length diall not be stored oo any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats o\-er 30 feet in length which are documented to have been stored on the property within the 24 months priOT to the effective date of the ordinance from which this section b derived shall^ be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this section. (4) AUoned storage locations Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows; a. Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. b. Sonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailcrable boats may be stored on trailers in a driveway in a front yard or side street yard. (5) Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. (6) Screening Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wiappcd. white is the preferred color but b not mandatory. (7) Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dbpute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff (Code 1984. §10.60(13)) * ^ Pittdoof Pifking or storage of special mohilg eQUIpment as defined in thit u^tinn shall be prohibited in anv “R" Thesiwriwwh Ige b debied; the lutdaiffld baguage b iittcited. Page 4 of 6 r ScdlM 3: Municipal Zoning Code Section 90*1 b hereby revised as rol!ov.s: MtiOMl CMBftofScc.9t-1. ProhiMlcdMenndpftrtdBgor«obfleboBctnndn veUdn. (■). DetekiMS. The follovking v^ords. tenns and phrases, when used in this section, shall have the meanings ascribed to them in thb subsMtion. except where the context clearly indicates a different meaning: (I.) Recreational Camping Vehicle, \foblle home and recreational tway/wg vehicle mean and include the following definitions, and shall not include any manufactured housing unit bearing a Slate of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed a Camping trailer means a folding structure, mounted on wheels and designed for traxel. recreation and vacation uses, also ca!led a pop-up qjmSL b Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self- propelled vehicle. c Pickup coach means a structure designed to be mounted cn a truck chassis for use os a temporary dwelling for tra\ el. recreation and vacation. d Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporar) dwelling for tra\el. recreational and vacation uses, permanently identified as a uavel trailer by the manufacturer of the trailer. (2,) L’tilin Trailer means anv motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain \ehicles. or property on its own structure and for being drawn bv a motor vehicle but shall not include boat trailers, a trailer drawn bv a truck-tractor semitrailer combination, or an auxiliary a.xle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (b.) Unlawful aetsr Parking of recreational camping vehicles, mobile homes and utility trailers shall be regulated as follows: (I.) It is unlawful for any person to park a mobile home or recreational camping vehicle upon public property for human habitation except in a licen^ mobile home park or publicly owned campground. The dnahaa language b deleted; the underlined language is inserted Pages of 6 (2.) ft U unlawful for «y person to prt or ilofe a utilm trailer, mobile hon^ itcteatioaal vehicle in any weifonae "R" district for more thin 24 hours, except in a side or rear ywd at least ten fiys feet from any property line. (3.) It is unlawful lo use a mobile home or recreational i vchkk for human habitation on any private laopern for nm than 72 houn without a permit from the city. Sadioad: Hus Ordinance shaU be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Otono on this byavoteof___ayesand. day of _.2003 nays. Barbara A. Peterson. .Mayor ATTEST: Lindas. Vce.City Clerk The aiMwa laafuafs is dekied: ttw iDdfidiaid l«|iMf( a inserted. P«|e6of6 ... EXHIBIT-B Ste. 71-1577. Eiltrlor ilw*ie la R dbtricli. In all R districts, all recreation vehicles, mobile homes, camping trailers, motor pickup coaches, travel trailers, special mobile equipment, and uUlit> trailers shall meet the requirements of this code. Additionally, all mobile materials and ^uipmcni shall be stored v^iihin a building or fully screened so as not to be visible from adjoining properties (a). DcfUiitioas: (1.) Recreational Vehicle. Sfobile home and recreational vehicle mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but rot limited to those listed below : a Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. b Motor home means a portable, temporarv dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. c. Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporar>' dwelling for travel, recreation and vacation. d Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporarv dwelling for tra\el. recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. (2.) Special Mobile Equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth- moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. (3.) Utility Trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor v ehicle but shall not include boat trailers, a trailer drawn by 1 truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which canks a portion of the weight of the motor vehicle to which it is attached. (b.) Pwkingofrecreaikwal vehicles, mobUe homes and utility trailers shall be regulatedas follows: (*•) ^ “ uni^wlul for arty person to park a mobile home or ftcreatkxuU vehicle upon public property for human habitation except in a licensed mobile home park or publicly owned campground. (2.) It is unlawfol for any person to park or store a uUlity trailer, mobile home. recreaUonal vehicle in any -R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. (3.) It is unlawful to use a mobile home or recreauonal vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (c.) Vehicle storage. All vehicles parked or stored on any property w ithin the City shall . 5!?. of vehicles, other than recreation vehicles,m R distnets is regulated as follows: (1.) Parking of vehicles, other than recreation vehicles, with a maximum Gross Vehicle Weight (GV\k') of 14.000 pounds or less is alloweu in ail R ' districts. (2.) Parking of vehicles in “R” districts in excess of 14.000 lbs G V W requires each of the following conditions be met: a. Minimum lot size of 5 acres. b. Property owaier must be vehicle owner or operator, c. Vehicle must be set back 50 feet from property lines. d. Must rwt be visible from neighboring properties and public streets; vegetative screening is preferred, e. Maintenance of said v ehicle shall occur within an enclosed building. Tbe vehicle shall not constitute a nuisance at any lime. and. In a shared ^veway situation, the City must have on file an agreement signed by all driveway users. (1) Licensing operability mdrtstorations. All boats stored outside on a i^dential property shall be Ucensed to the owner or occupant of the propeity. All boats stoied on a property shall be in operable coodhion, except thk f. B inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the longterm storage of inoperable boats on residential property. Principal residence required No boat shall be stored on a property or on a group of contiguous commonly ouned properties that does not contain a principle residence structure. Maximum length Boats and unoccupied boat trailers e.xceeding 30 feet in length shall not be stored on any residential property e.xcept within a fully enclosed building meeting all applicable zoning and building cede standards. Exception: Existing boats over 30 feet in length which are documented to ha\ e been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derised shall be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this section. (4) Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. iS'onlakeshore lots. Boats maybe stored in a side yard and rear yard, trailerable boats may be stored on trailers in a driveway in a front yard or side street y ard. Required setbacks Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. (6) Screening Screening is not required for outside boat storage when in conformance w ith this section. If boats are shrink wzapped. w hile is the preferred color but is not mandatory. (7) Dispute resolution Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor’s view^ of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building utTicial. and a member of the plaiuiing and zoning staff. (Code I9S4. § 10.60(13)) (c.) Outdoor parking or storage of special mobile equipment as defined in this KClioD shall be prohibited in any **R** district r EXHIBIT C - ExistteK Code Sectioas L 79.1491 CcMrall) (h) Commercial vehicle parking. Off-street prking facilities cssor> to residential use shall be utilued solely for the parking of passenger automobiles. No motor vehicle over 7.000 pounds' gross capacitv and no comir.erciallv licensed uailer shall be parked or stored in a residential disuici c ..ept when leading, unloading or rendering a service; except that one such vehicle ma\ be parked at the residence of the owner or operator of the vehicle. Under no circumstances shall parking facilities accessory to residential structures be used for open-air storage of commercial vehicles nor for open-air parking for business purposes of automobiles belonging to the employees, owner, tenant or customers of business or manufacniring establishments other than the home occupation permitted for that property. Sec. 78-1577. Exterior storage in R dUlricts. In all R districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except that utility trailers less than 20 feet in length, which are not stored for commercial purposes, need not be screened when stored to the rear of the house a.nd a distance 5 feet or more from any property line and 15 feet or more from the principal residence structure on an> adjacent lot. Boats, unoccupied K^at trailers, and boats on trailers shall be subject to the following storage requirementr, when not stored for commercial purposes: Licensing, operahilitx anJ restorations boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition, v.icept that inoperable boats under actixe restoration may be stored on a property for not more than two years, the intent being to discourage the longterm storage of inoperable boats on residential property Principal residence required No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. Maximum length Boats and unoccupied coat trailers exceeding 30 feet in length shall not be stored m any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats oxer 30 feet in length xvhich are documented to have been stored on the property within the 24 months prior to the elTective date of the ordina.nce from xxnich this section is derived sha.« be allowed to continue such storage practice until the propeny is sold, and shall meet the setback requirements of this section (4) Allowed storage locations Boats and u.-.occupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore lots. Boaii nu> be stored in a side yard, street y^rd. side street yard and lake>nore yard as long as they meet required setbacks and have rL"* significant impact on lidce views enjo\ed by adjacent neighbors b. Sunlakeshore lots Boais maybe stored in a side \ ard and rear yard, uailerable bor.s may be stored on trailers in a drivewav in a front yard or side street y ard. (5) Required setbacks Bo?*^ ir.d unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot (6) Screening Screening is no: required for outside boat storage when in conformwe with this secLon. I: boats are shrink wrapped, white is the preferred color but is not rcandaiorv . (7) Dispute resolution Complaints regarding boats stored in lakeshore wds ai^ potenually impacung a neighbor’s \ iews of the lake will be referred to a dispute r^lution commi;-.ee. consisting of the planning director, the (Code 1984, 5 •■<1 P*rU., of mobile home* nd rccrceHoDel ompiog (a) DeMtions_^The followir.g words, arms and phrases, when used in this secuon shall have the meuings ascribed to them in this subsection, except where fte context clearly indicates a differcr: mearung: Mobiie home ^ recrealionai camping se:jclc mean an,: nciuJe the foilowing ^fimuons, and ^i not include an.v ma,-..:acr-ed housing unit bearing a Stale of Minnesota manufactured housing seal or certificate: ^ (1) Camping trailer means a L ading structure, mounted on w heels and designed for travel, recreation ari vacation uses. (2) Motor home means a poruMe. temporary dwelling to be used for trav el. \eh*ide°" as an integral pan of a self-propelliJd (3) Pickup coach means a strucnirc designed to be mounted on a truck chassis for use as a temporary dweiiing for travel, recreation and % acation. (4) Travel trailer meaw a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently idenfified as a travel trailer bv the manufacturer of the trailer. (b) Unlawful acts. (1) It is unlawful for any person 10 pwk a nobUc home or recreaiional camping vehicle upon public property* for human habitation except in a licensed mobile home park or citynmned campground. (2) It is unlawful for my person to p^ or store a mobile home or recreational vehicle in any residence district for more than 24 hours, except in a side or rear yard at least ten feet from any property line. (3) It is unlawful to use a mobile home or recreational camping vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (Code 19S4. § 9.S2) Cross references: Stopping, standing and parking generally. § 66-76 et seq. -im *7 To; From: Dale: Sobjcct: Chair Smith and Planning Commissioners Mike GafTron. Planning Director November 13.2003 #02-2829 Nonconfonning Uses & Nonconforming Structures Amendment Zoning Code Section 78-71 LblorEabftils A - Ordinance Drafl #5 (11-13-03) B • Public Hearing Notice C - Current Code Language (Section 78-71) with ReferetKes to iry of Proposed Chaages: (See pages 2 & 3) Stair Recomawadatkm: Staff recommends that the Planning Commission review the attached Zoning Code rev ision, make any nccessar>- changes, and recomntend approval in order for Staff to bring it forw ard to the City Council. Background Planning Commission initialed discussions on this topic in December 2001 (memo of 12-13-01). This was primarily in response to concerns that loo often, remodeling projects were resulting In nearly toUl removals of existing structures, and the “pre-existing structure" basis for granting of certain variances to retain existing nonconformities was being abused. The problem was quickly identified as the lack of a threshold level of removals after which a mere ‘remodel and addition’ project w ould be coiuidered as a total rebuild subject to meeting all current standards. The initial concensus was that the City should adopt a formal policy establishing threshold percenuges of new ly constructed or reconstructed spaces that would define a project as a rebuild subject to meeting all code standards. A draft ordinance amendment w as presented for discussion in March 2002, proposing to add a new code section entitled “Residential Remodeling Total Replacement Standards”. This was rev iewed in May 2002, and resulted in consideration of perhaps a more elegant solution, by revising the “nonconforming uses ” section of the code to have it also address nonconforming structures. Discussions continued through 2002 and included the issue of w hether to use “value” or “volume” as the basis for a threshold.. Early in 2003 Planning Commission reviewed other cities’ codes. A further issue was then identified - w hethcr die topics of removal (“how much of an existing building will be removed”) and expansion (“how much greater has an existing building grown, and what percentage of the final product is original building”) should be combined. It was concluded that most other cities do not combine the tw o concepts, and primarily deal w ith the removal issue in their nonconforming uses/ttructures codes. W—fibnntaf L'sn^'StnKtvm N«vmbtrll.2M3 Piftl C«rrc«t Suitvs During 2003 an amendment of the Nonconforming Uses section (10.03 Subd. 5. now recodified as Section 78-71) was drafted to reorganlre that section and add standards specifically addressing nonconforming structures. Planning Commission reviewed the latest draft on November 5 and suggested a number of further revisions and slight reorganization. The current draft reflects the Planning Commission recommendations and includes additional paragraph titles for clarity. The current draft is organized as follows: Title: Nonconforming Strticnires and Uses A. General Provisions (1) Purpose statement (2) Effective date (3) Safety Repairs B. Nonconforming Uses (1) Change to Confonr.l.ng Use (2) Change to New Nonconforming Use (3) Relocation of Nonconforming Use (4) Decrease in Nonconforming Use (5) Discontinuation of Nonconforming Use (6) Normal Mainterunce (7) Alterations to Lawful Nonconforming Dwelling Units C. Nonconforming Structures (1' Involuntary Damage or Destruction (2) Voluntary Destruction (3) Expansion of Residence Structures (4) Expaitsion of Acces jor\- Structures (5) Relocation (6) Prior Permit The current draft accomplishes the following significant revisions: • It separates the provisions peruining to “Nonconforming Uses” from those pertalnina to **Nonconforming Structures”; ■ ** «liminat« the *36-months after I •1-75' sunset provision for lawful nonconforming use oft I) land not involving a structure or 2) involving a structure with value less than S3000 on M -75 FILEt03-»50 Nov*mMr 7 2003 Pag* 2 of 6 b^een the front lot line and the principal structure on the property. (2) Side. 30 feet minimum and not within the required side yard area. (3) Rear. 30 feet minimum and not within the required rear >ard area (50* in iheRR-lB). (Code I984.§ 10.03(14KD)) List orEibibils A. Application B. Hardship Statement C. E.xisling &. Proposed Sur\c> 'Site Plan D. Submitted Plans and Elevations E. Letters horn City Stair F. Alternative location for sport court meeting setbacks G. Sport Court Contract H. Property Chsners List I. Plat Map J. Photos Backf round In June 2003. the applicants were notified by a letter (Exhibit El) from Orono BuilJine Inspector, Bruce Vang, that an after-the-fact permit was required for their ncwlv constructed sport court. In addition, the applicants were notified that the sport court did not meet the required 30* side setback as it was placed less than 6 ’ from the side lot line. In the s^c letter Vang notified the applicants that their fenced-in raised garden did not meet City Code requirements with respect to setback and height restrictions Ihe applicants were unawjue that a permit had not been obtained as required, and it was their understanding that their contractor had obtained a permit for the work conducted on their p-o^rty. Staff has included a copy of the contract from Sport Court, which the ownrrTEJwb1"G) responsibility for obtaining permits upon the property In September, the applicants were directed by Planning Department Staff to rcmo%e the 2.>80 5 r sport court as no permit had been applied for nor did it meet required setbacks. At that time, the applicants did not wish to remove the sport :ourt and applied for an Planning Director. Mike Oaffron. dated September 10. -003. informed the applicants that their variance application was incomplete pending subRiMUl or^tral Thai knc. attached as Exhibit E2. gate the appiicants a deadline of October I. 2003 in order to renuin on the October Planning Commission agenda. The deadUne for the October meeting passed without submittal of the required materials tmd therefore the application dropped off the October agenda. Because this was an after- the-fact application. Staff did not want the issue to be overlooked and sent a letter to the aMtciuus (attached Exhibit E3) r«)uiring submittal of Ihe materials by November I 2003 or ^oval of the sport court would be required to avoid legal action bv the City.' At that time. Staff also required that the raised garden be brought into compliance with FILEW^29M NovvmMf 7 2C03 Pag«3o<6 City Codes. On October 31* Staff called the applicants because the materials had not been submitted and Staff realized that the deadline date that was given fell on a Saturday. The applicants were notified at that time that the materials were to be submitted by 10 am Monday, November 3”*. There was a misunderstanding regarding who was to be responsible for submitting each of the required items which was causing the delay in materi^ subminal. As of the date of this report the raised garden has not been brought into compliance. LOT ANALYSIS WORSHEET LoLArea/Widlhi RR-IB Lot Area Lot Width Required 87.120 s.f (2 acre)200’ Actual 89.189 s.f. (2.047 acre)303 ’ Setbacks for the sport court: RR-IB Required Esisting Proposed Front 78 ’ •Front. 30 feet minimum and not Hiihin the required front )ird nor between the front lot line and the principal structure on the properw. 155 ’No Change Rear 30’2ir No Change East Side 30’5.8 ’No Change j West Side 30’175 ’No Change Side Yard Setback Variaace A 30’ side yard setback is required; the current setback of the sport court is between 3.5’ and 6’ from the eastern side property line. The applicants are asking the Planning Commission to allow a structure 2380 s.f., which is 1380 s.f. larger than the threshold which triggers the increased setback of 30’. to be set back less than 6’ from the property line. Additionally, the setback requested by the applicants is significantly Ir:'* than would be required for even just a small storage sh^. The applicants have proposed additional landscaping screening consisting of arborviiae between the sport court and the niE«03-2950 Noir«‘^C«» 7 2003 P*9«5o«6 1. "The property in question carwot be pul to a reasonable use if used under conditions allov^ed b\ the ofTicial controls * This property can hi useJ unJer the official controls In the opinion of staff this criterion is not met. 2. ‘The plight of the landowner is due to circumstances unique to his property not created by the iando\%ner." The applicants did not contact the City to determine setback requirement nor did they apply for a building permit In the opinion of staff this criterion is not met 3. "The variaiKe. if granted, uill not alter the essential character of the locality.* The character of this neighborhood is that of openly spaced 2-acre lots Granting this variance will allow for a 23S0 s f sport court to be located 5 S ' from the side property line where a 30 ' setback is required for sport courts over 1000 s / 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicants have not stated that economic considerations are a part of their hardship In the opinion of staff this criterion is met The fact that the in-place sport court Iwd a high price tag cannot be considered as a hardship 5. ‘Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section I I6J.06. Subd. 2. when in harmony with this Chapter." Xot applicable 6. ‘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 in the zone where the aflected person's land is located ‘ Xot applicable. 7. "The Board or Council may permit as a variance the temporary use of a one*family dwelling as a two-family dwelling." Xot applicable 8. ‘The special conditions apply ing to the structure or land in question are peculiar to such property or immediately adjoining property." The conditions apply ing to the location of the sport court are completely dependant on the other features structures within the applicants 'property. This property cannot support a sport court of this size In the opinion of staff this criterion b not met. fCE«»-29M No««ntef7 2003 9. "The conditions do not apply generally to other land or structures in the district in uhleh said land is located.” The applicants' property is 2 047 acres within a 2<icre zone. The neighborhood consists of similar lots In the opinion of staff this criterion is not met. 10. ”The granting of the i^)plication is necessary for the preserv ation and enjovincnt of a substantial property right of the applicant.” The ability to have the 2S30 sf sport court is not a property right of the applicant In the opinion of staff this criterion is not met 11. "The granting of the proposed variaiKe will not in any way impair health, safety, effort morals, or in any other respect be contrary to the intent of the Zoning The granting of this variance is contrary’ to the intent of the Zoning Ordinance in that while sport courts do not hax’e a maximum size restriction, sport courts 1000 sf or greater are required to meet a 30 ‘ side setback. This requirement was established to protect adjacent properties from the negative impacts of such facilities In the opinion of staff this criterion is not met 12. ”The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difllculty .” The variance if granted will serve as a convenience to the applicants. 'it is not necessary to alleviate a hardship or difficulty In the opinion of staff this criterion is not met Issttet for Consideratioo 1 . Perhaps some additional soil testing could be performed in order to determine whether or not an alternative secondary* septic location could be located, which might allow for a conforming location. 2. Arc there any other issues or concerns with this application? Staff Reconncndatlon Planning Staff recommends denial of the after-the-fact variance request based on a finding that if there are too many restrictions caused by other site features and amciuucs. then these factors arc not hardships but are reasons that the site cannot support an additional amenity. C)iHi»ir A CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee 5130.00 (no change firom original application) Variance for non<onronmng atructures S350.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR>UTION Site Address 2635 Countrvsidg Drive West. Qrono. KfN Applkadon » O^ JL^STO Date Received Amount Paid ^SIP. ^ 55356 Property Identification Number (P.I.D.)_ Attach legal description to application if not included on required survey. Date Property Acquired _ EOl________(niooth/year) 1 (do) (do not) also own the adjacent parcels of land. Present use of property; X residential ___pother (specify)______ Zoning District:_____________________________________ APPLICA.NT 0.11 fi * nVUiAt. Name: David & Tan Gross Address: 2635 Countryside Drive West Phone (home) 952-476-7338 Phone (work) • tldi Orono OW’NER (if different than applicant) Name ______ Address; Phone (horee)_ Phone (work)_ Zip: 55356 —— rVt» A DESCRIPTION OF REQUEST DcKribe request in detail; Estimated Construction Cost S_ See attached (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area__ ___Lot Width X Setback: __Front ___Side __Other (specify) __________________ Hardcover .Lot Coverage __Rw ___ Average Lakeshore HARDSHIP/DESCRIPTIO.N OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: See attached ___________"' (attach additional sheets if necessary) #2950 L REQUIRED SUB.\UTTALS An of tin foltentni Informirton mmt h* lubmltttd bv th# ■nuiu.^rtA, deadtln# dat* In for vour inpHcatlon lo bt comMarwi cnmpl#t>. m wiwtr 1. 2. Corapleted Application Fom List of owners within ISO*, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603 Oovt Center, 348*S9I0). Certificate of Sur>*^ (signed by a licensed surveyor) and include hardcov ’er calculations as required. In addition, provide one (I) copy 8'/j" x II" for 5. 6. 7. 8. reproduction. To^graphic survey (existing and proposed elcvauons) if any changes in existing grade are pressed In addition, provide one (I) copy 8'/," x II" for reproduction. Sketches or plaiu of floor A elevation views (provide one (I) copy 8'/i" x 11") List of the le^ names (include marital sums) of all persons w ith an interest in the property^ This would include name(s) of applicant(s) if not current owner(s). Additional items as may be requested by City suff. The Afiplicmt Property Oeroer inuii sign this appUcaiion. Pleue remember tlut mu YirUiiw ippimilpfl h net centpleie if ih. .h... i,.. .... h... APPLICANT'S SIGNATURE m wliunr hereby egrees ro provule ell infonrution required or requested by the Zooiiu Adnurorrotor. .gree. to pj^rtliliOMl fee, (.uff time i»t covered by ori^l fee pujmeut) •«Por I vT ‘PP'!"'!®". “><l ceniHe, thut rhriufotmetionsupplied IS true and^ixect to the best of his/her knowledge. Applicant ’s Signature _wn6ct to the best of hislier knowledge. OWtiER'S SIGNATURE “<* •««• '» *i, ipplicaiion eud further ■uihotire, recoueble P">P«*)' Vy City soir. cotrtulaot,. igena, Commisiion members and Council members for pu^o^of investi^^n and^rification of this request. Orraet', Signature -------Dale fJS- it'rt: 'IX S’.twsts: ctn,“,:!5^,^ XSng “ * Zoning Omce of dua '#2950 B ATTACHMENT TO ZONING VARIANCE APPLICATION pgscriotion of Request: This request for a variance is with respect to a sport court built on the property which appears to violate the existing setback provisions of the Orono Zoning Code specifically Sec::ons 10.3 Subd. 14c and 14d thereof Hltrdlh‘P^P^scription of Unusual Property Conditions: The Applicant retained Sport Court (the **Contractor**) to construct the sport cc.rt on its property. The Applicant ^lieves that the Contractor is a reputable company with significant experience and expertise in the construction of these facilities including considerable experience w ithin the City of Orono. Accordingly, the Applicant reasonably relied on the Contactor for advise as to the proper location of the sport court. The Contractor never advised the .Applicant of any set back requirements with respect to the sport court. The Contractor ultimate'..- built the sport court within 10 feet of the neighboring property in apparent v iolation of the zering code. The Applicant was relying on the know ledge, experience and expertise of the contra;:or in the placement of the sport court and was unaware that the construction of the sport cc.rt was in violation of any city ordinance or set back. Prior to construction, the location of the sport court as disclosed to adjoining property ow-ners and the set back requirements were never d.-cussed or objected to. Due to die location of the Applicant's home, drain field and backup drain field, the .Applicant and the Contractor determined that the current location of the sport court was the most appropriate for the property. Attempting compliance with the setback would mo -e the sport court into the backup drain field area. Even if another location could be found (whic'r. does not appear likely), removal and reconstruction of the sport court at this stage would be a -.cry costly and wasteful use of resources. Further, the location of the sport court creates no heal:'-, safetv* or welfare issues w ith respect to the property or the adjoining properties. That is, no ris'N to h tlth, safety or w elfare of the residents are involved nor is there any adverse environmental corditioos, wetland conditions, erosion, hardcover issues or any other zoning laws impacted by the location of the sport court. As an alternative, burming and screening the sport court with trees and other landscape materials appears to be more cost effective and appropriate. 205)49S«I i- ll/ta/2M3 15:34 6514542235 SPTC1>#»LS PMZ 91 cwtmrrbi atyofOiM As per |our raquesi for iofi»nitb& NfirdlQg thi couft tM 1MI eoQfInictad II ihe Otost liousehoU, below poa wUl fiod whit IlBpc wlU rawer poor taues. SputCrat 35*x_70* Modite illiktic sivtee fieca in cobr, with lilies mirked in gny. aall-oppeehe hoop » k Kis n a ost pok IS wcQ is fiihtiiv fcr ^ cowl Uihto ID dibB lowvds thi boooi not kdo oeifbbon. mhls wo ama] halide, lod kside 1 box so light is dkeded sbai^ down. FoMO>ChsinUakdeiliP,wkhgfeca vinyl flniah all poks, mesh to match court. Fence Ml bo a coaMrakm of 5* od 10* Ugh. The McavaliMi of the mea was aecompUdiod by loworiag the grade on tfaiDoith end by 12*’and laii^ the south end by 2*S**. no retail^ waDs woe needed and the slope of dwswawM tapswdoffthe court to blend wkh the supotadfflgn The coat was pkM to tfw soodi but onhF a Iktis to aOow the oourtto be flooded fcr wtateriportn TyjricaUy wa wiU slope a court r* per 20*. The base of the cmat coosisls of oonciete thet is 4** thkk with 3/1" rebar emy 24" in both dhaetioas. tied and elevated into the center of the I was reqfcled concrele. and clam flva. wrm- •/ ®f'’ (.“ft. ey*^}o- 5> s iJ*8 /4-*'’"' U ^ -------------------- ^ S I 5»I 3 r M f;\e GITYof ORONO Maakipal OOkts Streit Udntt 2750 Httky ft!k0t/ Crone. UN SS3S6 MaOiag Addnts: P.O. Bci 6« Boy. m 55322-::!-: June 17.2003 Mr. And Mrs. David Gross 263S Countryside Drive West Long Lake. MN 55326 Dear Mr. And Mrs. Gross: ^ v« luve discus^.. nmoil coun «« built on your proporty which does not meet the requited settle distance &om the side property line on your lot. Because your 3r X 65' court is more than KW^uate feet the Otono Zoning Code Sections 10.03, Subdivision 14(C) and abS^ 7 o^r^ *“ i' *« ‘oc"«i 30’ from a side propeity line Yours appears to be If you or your contractor had appiied for the requited permit prior to beginning w ork you w ould have Imown about these requirements in advar.ce. When your contractor started work even though there was no permit posted he left you in a difficult posiUon You also hired a landscape contractor to buiid a fenced in garden. This garden does not require a permit, but it does need to be: 1. On your property 2. No more than 6* high uiihin 30* of the property line 3. No fill or retaining u-all may be u-ithin 5' of the property line Section 12.02 of the Orono Zoning Code says: "The owner and'or occupant of any property, upon wluch any u-ork has been done in violation of any Building Code or zoning requirement shall be responsible for obtaining a permit, and/or for correcting, removing or abating such violation within thirty days after notice from the City that such violation exists " Therefore, if you and your contractors have not corrected these vioIaUons by July 21 2(K)3, niay initiate legal action. If you have any questions or require further explanation please feel free to contact either me or the zoning department at City Hall. '^■CUce UoAice uoj\a Building and Zoning Inspector Td«]»boo<(f5J)24MMO • Fax (952) 249^616 www^LoroBamaju La , 6K e t CITYof OBONO Moaidpal Offlcti S&lftlMltt; 2750 K c Oq P«kM| Orm. Kl SS350 ■i«B| Mrtit: P.O. loi M CiyrtH Bn. Ml 5S323^<:5 S«c. 86-36. CorrectioQ of violations required. owner ind/or <xcupant of any property upon which any work has been done in violation of any building code or zoning requirement shall be responsible for obtaining a perrot and'or for correcting, removing or abating such \ioladon within 30 da\-s after notice from the city that such violation e.xists. (Code 1984, $ 12.02) Sec. 78-1404. Tennis courts, pools, paddocks, arenas. Tennis courts, pools and paddocks or arenas, when such accessory structures exceed 1,000 square feet footprint area, shall be subject to the following mcial setback restrictions: (1) Front, 30 feet minimum and not within the required front \ard nor between the front lot line and the principal structure on the property. (2) Side, 30 feet minimum and not within the required side yard area. (3) Rear, 30 feet minimum and not within the required rear *\ord area (Code 1984,5 10.03(14X0)) Tckph0M(M2)14MfM • Fai(9S2)MMU wwwcLaraMJBBJH •fe-.; // September 10.2003 David & Tara Gross 2635 Countrywide Drive West Orono, NIN 55356 &( £2. CITYof ORONO Municipal Oflicts s»Ntieertu: 2750 Kcrci PiiVjri/ 0f5f.8. Ki 55355 MaZcf r.C ea :3 zif. UH 95323<CS: REQUEST FORFLTITHER LNTOR.\UTION Zoning Application 71^03-2950Dear Mr. d: Mrs. Gross: ‘---ofyour $ur>e>w exKtly locale ihe exis^jls house acd spin court, srouic/di^'^stiMTfs=“srri5y»s£€-” SSs~~HSi3= o If berms or vegetative screening are proposed, please prcvi* -''ani -r thesn .mprovements. and show Lheir proposed locauon; on the sSn e . ' * Sincerely. yy Michael P.Caf^a Planning Director e*:A4,. CITYof <MM>NO MuMpdOflkci ttnit tUntk 2750 RiDcy fvknf crtfiOL m Ilia Mailini Addn IS; P O Ba W Dyitsl Bay. HI S5323^es October 15,2003 Da>id A A. Theresa L Gross 2635 Country side Drive West Orooo. N!N 55391 Re: File n 03-2950 Property' IdentiflcatioD Number 04-117-23-13-0007 In a letter dated June 17,2003, from Bnxe Vang. Building A Zonirg Inspector, you were notified that your newly constructed cement sport ccurt and your fenced garden arc in violation of City Code. You were dL*ectcd at uhat dme to take the necessary steps in order to bring your property into comriiance by July 11. 2GC'3. In ec !y September 2003, you were again noUf.ed by City Staff tha: your cement sport court was in violation of City Code, as it was ccnstracted without a permit and does not meet the required 30’ side yard setback. On Septemrer 9, 2003, you applied for an after- the-fact setback variance to allow the sport coun to remain in its c'crrcm location. You were notified by Planning Director, Mike Gaffron. iiai items were missing from your application and you were given a deadline of Octer-er 1. 2003 fc: submittal. To date those items have yxl to be submined and your garden has nr: been brought into compliance with City Codes, therefore your applicadon has beer, removed from the October 20* Planning Commission agenda. At this time, concerning the cement spen court, you have the followir.g options: 1. Remove the cement sport coun in its entuety. cr 2. Submit the requested materials by November !. 2005 to proceed widi the variance hearing on November 17,2003. Additionally, in reference to the garden, it must be relocated on to ycur own property and the fence may be no more than 6 ’ wiihLi 30* of the prrperty line. Fi.Mlly, there may be no fill or retaining wall located within 5 ’ of the property line. Your garden and cement sport court, as constructed, do cot mcc; City Ordinances. In order to resohe this matter; you are required to bring your property into compliance with City Codes by November 1,2005. In rwo sepa-are ler.crs. City Staff provided you with options in order to comply wiA Cevde; I have ararhed those letters for your reference. Triipbooc(952)249-li0B • Fas i9«3) 249uWl6 wmr.cUroaojna.os 2036 Countrytida Drive West 15Oct20(n Paoa2or2 11^ City has not received the materials requested for the after-the-fact variance and If •ppreciiled in this miner.^IOw'tet^y ^9^24^?“ Sincerely, Melanie Foth City Planner c: TonBinwS.CifyABorecy Lyk 0mm. nuildiai Offidil Wiattfop n Wctmtoc, 223 South Soih Sc. Suite 3300. Miwta;c:j Eneloeum: '0^2003 ftomC-Staff ClQfCodeiefcTtnces K/U/79tl 14:49 6514542230 • • #1 • % *4^ • *1 • • • - ' SPTCT»fl5'CNHBirtfir Construction / InsttiHstlon Agrssmsnt An agrecmrat bctwttn Spon Court at thu IWio OUus and CuttomtrAddrtu ---------------(called customer) Home Phone Zip ^^.WorkPhone Ufal diKription of customcr'i prapcity is attached. ^ Uchecked here, addidoaal ittachmcois are included hilhis agreement Please do not use pkturea of our iasullatka for promotional UM. Installer propom to furnish all equipmem, labor, end oaiMiali Dccemry to complete the Job below: PainiUatsSixe of court Sparta bench y V Light uiUl BBunit ^ .’Pk^X • FUn peek y X V y<4w9iVr 1 y •PbUpad *Boardpad Net i^Jttst lystcm Net pelt Net ,• KhufiBskonnl tel JL y yy— ■ Hiirlwy bnnrdt X •Shufllshoard Z.V • Haptmeh A X V — * A Rebeundcr —* 3<poii)t aro A0|5 IntlcontninBeal ^mmd *3-point arc___________ *Ooun f OMitlik Site prep __________ Coocfila iWfhl --------;------ Other RwV X « •'*f‘ t'. HOME GOLF CENTER Sixa of Green, Q Awo-Tbif Q Ssadiaa Q 0>es*Pire Q Cosews Q IWflaiuU [~] Otfxt - Paymctit to be msde u CbDowv Ir ii erre cd tkt/bttowini ttmt/isau (^frtquM) $hsU be perfomti fy; Cell. Buried ^ Ptraltt: rr^Th-^ »If* l'* Aecni PemiMloe: JC j=-----------------------------------Drivawty/Aecsti PeraiujiM X Aatietptttd Fuus^ Dels Spon Coon Aodtorlzed ReproMouti off slab is removed, excess soil reiultiof from courtSiU prtp is completed when: cement Conns are removed, exccu l iMtslUUoa is removed, and the grade b left at the base of the alab. Laedacapiei iadudiog: reuiaiag walls, additioo of lop aoO, itsod, rock border and edjpng IS NOT INCLUPCO sains suted Accsplance aad Bold Hannlass Agneacnl I have read the above umiract details aad the coitditlou shown on ths reverse sMe nf Ibb page. 1 hereby accept all i««»t ^pd ^iricfu d the amtoeai I further acknowledge that the Sport Court Spem Patio locatloa has been staked at my diisctioo. I have CKcfttUy looked 4 over and nvstmiarjrt below iodkttes my approval far bstalkr to aeacasd. I benby a«ume stt impornfaUlty fat lecaika of the unit and wQl hold lostaUcr harmless agaioai any dispute over property liaes. set backs. kMiallatioa upon or over drain fields, sapUc tanks, pipelaei. wiiiag. etc. 1 ^rifaiMcknoaMit neaipt exact cx^y of tbb agreemem. YOur Sates PciMa:. IFO«T COLlfr^ SMO SULKY MJCMOMAL HWY^;kACA.N. BIN SI122 • PH: dS14S444M tlMOMlElfim Jl (MlimiMMM rUCirAUJII MIS COUNTRYSHII: IM OWNERIMMC reYniVAMMTmiV TAWAVn fAULitcmf MISOOUNniVSnCM LONOLAKEMN SSJ3* Jl MII71JIMQIS rwrAOM Mil COIMTIlVinCMW OWNMNAMi VOOOaAKATMaUNGMI fAXTAYBI TOOOBAKAIMBIMEMUaMai NAME/AOIM MMCOUMTRVSnCOIIW LUNUIAKEMN SSJ36 31 MlllJJIJmiO PMTAOM JMtOiBIUMTKE (WW—limit aTLAMMAiaLAMUN TAWAYU MUANTASUMNaiAMCM MAMFyAtJM MISIAliAICI ll£NN£riN COIJMrV PROfERTY INFORMATION SYSTEM FROnJITY OWNlTtS LIST J« 04II72JI24J0I3 PROf AMJR 2670 OXINIRYSHN: UR W OWNERNAME RDAJMUtVfiRli TAXPAYER KMERTORJEANMOEVERE NAME/AUOR MTOCOUNTRYSRX: DR W lONOl^EMN 33356 Jl MII72JI30006 PROP AMIR MSS COUNTRYSIOI: UR W OWNiRNAME N A LEVY A IB LEVY TAXPAYER NEAR.ALEVYABILNEBLEVY NAML/AMM 3633CaONIRVMIIE UR W IDNUIAKI MN 33J36 Jl MII72JI4000S PROPAOOR Jl ADDRESS UNAttlONEO 0«VNERNAME the STATE op MMNESOTA taxpayer onr real estate mumt NAMI/AIIUR ArtNINram (RIRtlN 3> 04il723I^MI4 PROP ADDR 2630 CUUNTKVSIM. UR W OWNER NAME ROOERT i JORCLNSON ET At TAXPAYER ROBERT iRGERI A JORGENSON NAME/AOOR M50 COUNTRYSlOE OR W LUNGIAKLMN 33336 ia Ml 1723130007 PROPAOOR 26JS CX3UNTRYSR3EOR W OWNERNAME DA VIO A * TERESA L GROSS TAXPAYER DAVID A GROSS NAME/ADOR M33 CTMJN TRYMOL OR W UlMilAKLMN 33336 PAGE: I o 10 ■•35 A.• r f ‘ '7 * *r ^ ^ • I ^ ,! I v>/ ■' *1- ia»^i|i - '/u-iV.I .^1fens iwv'-':w4^ ex z- EX 'VAfe Y£- ;*^’.;V’ -M — /if* ■ **^> •^^^^ ;ViN»--:x.7....' Ji;. . 'u'.^vni.V Datt AfpHcaiiM Rtctl«cd: 19-21<«3 Datt Ap^atlM CtaiMcrtd as C^npltta: 10-21-M <»^ay mtskw Ptriad Eipirts: 12-2043 Fron: Date: Sabjcct: Chair Smith and Planning Commissionen Ron Moorse, Cit>* Adn±ustrator Mike Gaffiron, Planning Director November 14.2003 #03-2866a Judy & David Zoschke, 2040 Shad^ood Road • Appeal of Administrative Decision • Public Hearing Zoalag Dbtrki: LR-IC Single Family Lakeshorc Residential, I '2-acre min. Lot Area: 0.4 acre (17,46* s.f.) AppUcatioH Summary: Applicant is appealing City Staff s interpretation of the conclusions of the Planning Commission and Coundl in relation to the extent of hardcover removals required per Resolution No. 4920, adopted Ferruary 24,2(X)3. Staff Rtcemmaniation: Staff recommends denial of the appeal, since we believe Exhibit A of Resolution No. 4920 as signed b> ±c applicants is a correct depiction and interpretation of the required removals. Lbt of Exhibits A - Application B - Letter of Request Submitted by Applicant C • Photos Submitted by Applicant D - Resolution No. 4920 E - CoutKil Minutes of 2-24-03 F - Plaiming Commission Minutes of 2-19-03 G - PC Memo & Exhibits of 1-31-03 H - Council Memo & Exhibits of 2-20-03 I - Letter to Applicants 9-25-03 J - Zoning Code Sections 78-96 thni 78-99 reiappeals process Backgrouad The Zoschke’s were granted a variety of variances in Febrtiary 2(X)3 in order to replace a deck on the lake side of the residence and enclose part of it as a porch. The applicants agreed to remove hardcover including landscape areas lized by plasticTabric as well as patio area in the 0-75* zone. However, the applicants are disputing me square footage and extent of patio removal agreed to; they do not believe they agreed to the remcv als as depicted in Exhibit A of Resolution No. 4920, but to a lesser removal that allows the upper patio, stairway, and a 3’ portion of low er patio adjacent to the retaining wall, to iCmain. Res lew Process to Date Staff was initially advised by the Zoscbke*s in July (July 21 framing inspection called for finishing remo\*als before continuing project) tha: they* disagreed with the Resolution diagram and the extern of the I. o« sis required. This was new s to staff, since they had signed the resolution in March/April and had not noted any issues at that time. •03*2M<a Novtmbtr 14.2M3 Pate 2 Suff reviewed ihe zoning file and ihc PC and Council minuics to determine whether any documentation therein would support or refute the Zoschke’s position. The initial conclusion reached was that the square footage to be removed w as not documented in either set of minutes, but the Council memo of 2-20-03 clearly indicates a 681 s.f. removal, which was reflected in Ihc attached resolution adopted by CoufKil on 2-24-03. Staff has confirmed that the diagram. Exhibit A, was attached to the resolution at the time it was presented to Council, as it appears in the official record packet for that meeting. Therefore, the Zoschke’s had opportunity to rc\ icw ilic resolution and exhibit prior to its adoption, and had further opportunity to review- it betw een its adoption and the time ihev individually signed it more than a month later. The Council did place this item on iii Consent Agenda, so no discussion was held at the Council level for this item. In order to give the Zoschke's the benefit of the doubt. I discussed this application in July with Jennifer Chaput Zierke w-ho w as Ihe Orono staff person responsible for the Zoschke application. Jennifer is currently the City Planner for Long Lake. Jenni fer advised me that the resolution, exhibit and memo accurately reflected what she believed to be the required removals. I then requested that Planning Commissioner Jeanne Mabusth review the audio tape of the meeting to dctciminc whether any new iniormaiion could be gleaned from the tape. After reviewing the tape she indicated that she could reach no conclusion as to the e.xact extent of removals required. She did indicate that there w as discussion that occurred in relation to my (Gaffron’s) draw ing the potential removals on an overhead transparency at the PC meeting. It w ould be useful if that transparency was available. How ever, as is our standard practice, transparencies and duplicate copies of documents arc discarded from the zoning files at the end of the rc\ iew process, and that transparency is, unfortunately, long gone. To further the review I brought the matter informally before the Planning Commission after their August or September meeting, and the few members present w ho w ere part of the Februarv review did not have a clear recollection of the details of the required removals. The inability to reach a concensus generated my September 25 letter to Ihc Zoschke’s suggesting they could file an appeal. I did not offer the Zoschke’s the option of filing for a new variance application, although that option was perhaps available; this could still be an option depending on the outcome of this appeal, but also puts them at risk of rc-opening the entire hardcover issue and an even more negative result, from their perspective. Applicant’s Request Please review the applicants’ lener of request. Their position is that they have remov cd all but a 2,5 ’ strip of the lower patio, which strip was retained to support Ihe retaining wall. They believe Ihc stairway leading to the upper patio, and its adjoining spillw ay, need to be retained for drainage puipo^ and to reatin access to the lower >ard. They further want to keep the upper patio as it is accessible to family members who cannot traverse stairways. N0vtnibtr 14.2093 r^3 The applicants indicate the> have removed a total of447 s.f. ofconcrete to date, as well as the plastic landsc^ bed liners. This leaves them 234 s.f. short of the 681 s.f. removals required per the resolution. OpCiias far Action This appeal process is intended to allow for consideration of w hrther the administrative actions taken by Staff (i.e. the interpretation of wha: hardcover was required to be removed) reflects the intent of the Planning Commission and Council. Since this was on the Council's consent agenda, the primary review focus will be at the Planning Commission level. This is a public hearing process as defined in the zoning code. Planning Commission could reach a sariety of outcomes on this, including one of the following: 1.Determine that the staffinterpretation as noted in Resolution No. 4920 correctly reflects the Planning Commission’s inter Determine that the staff interpreution does not correctly reflect the Planning Commission's intent, and provide suff with direction to clarify’ and correct the resolution. Reach no consensus as to w he Jter the interpretation is accurate, and send it along to Council with no recommendation. (Not a desired outcome, obviously). The applicants could, if they disagree w ith your conclusions, file for a new variance and attempt to demonstrate a hardship that would suppon the granting of variances. In staffs opinion, the appeal process is not intended to take the pli:e of a new variance application. Staff Rreommendation Plaruting Commission should review the av ailable documentation and attempt to reach a conclusion as to whether the Resolution and Exhibit accurately reflect the Planning Commission's intent at the February 19, 2003 meeting. If not. provide detailed direction to the applicant and staff as to the correct intent. Your conclusion will be brought forward to the City Council at their next meeting. required submittals — Complete^ Application Fonn. 2* ____ Desc^ request in detail. -------Ctttified Property Owners Usi of owners within 350* labels w nUr ~ uZ^n°' *>' »“'' «>• — Attach le^ description to application if not included on required sur>ev — List of the legal names (include marital status) of all persons with an interest in th^ Jor" 5. 6. 8. 9. APPLICANT’S SIGNATURE .pplicam hereby .jrees to provide <li information required or requested bv the Zori- Administrator. agrees to pay additional fees (staff time not covered bv oririli r “ ^ ■ and/or unusual expenses incurred in review of this application, and 0001^^1?^ I ' supplred is tnre «td correct to the best of hi-lrer 3“ Applicants signature Date WSO/Oi OWNER’S SICNATufe LV'or ?bTpCXir^‘isro ” “t^^^ *Tor members for purposMoH^ga^n M^Hcaton^of this requMt*™" Ph?iun» ConimiiioJ M«t»5r«'lK““oirUK*'Su,d°M<mdiy^fVi CommiHlen Meeiici "*'“"** ** Commission Council If^ *“* ^Kh^ed nechnf. please make axianfemeott to have an authonaed aaeai u usable lo attend i Building A Zoning OfTice of this change poor to the metting^^ * ^ » your place and advise -d:e • •• # Q)'I ‘•i*v • '6, \ L MH DAT! tl/ir/AS MTCM IIS MiMriii ctiMTV wntm iwrawttTiw ivstin rvOfCITf OMKK LIST MfWT M. riABMIl PMC M TMMm TMMVW HM/in Tiurm* MMi/Mi mmn mm TMMVnmm/mm lyhagita 17 17>117>n SI MIS •STM SIMStT M MITAMUMTS M llfllT INC KSTMUNTS m Limr INC •Ml Min M NIIMtfMKA NN MS«S 17 17-117-SS SI IMS •S7I1 SUNSIT M SPtCBNAV WPCNAMCCICA LLC IPCIMMV SUPCMHIIICA UC C/a raarnTT tar kcorbs IS* S8NTH NAm ST ■ rtNMJiT aN AsaAi sa 17-117-SS SI Mil •saia sMAaTMoao ra a a RiacMNca i i n Riaciaca a a RiacMHia i i n RiNctMca zcN swiBTNaaa at MATfATA NN ISMl M 17»117»n 11 » a « I c R RonciT ncNiaa a RatictT tail s NAataaaa aa MATZATA NN ISSfl M 17-117-2S SI Mil •MM SHAaTNBOB R8 PANilA J NIUITTE PAR NIllfTTI 2*M iNARTNaaa aa eaaNa m sss«i sa 17-117-2S SI MU •2*32 smmrnm aa OAMcs R awaans jtm* R auaacss 2ts2 sRABVNaaa aa HATMTA lai IIS91 sa I7-117-2S SI MIS •2aai sNAavNDua aa a I j zascMtE aavia • jnbv r 2*«« sNARvNaaa aa MATZATA NN SSS«I M 17*1I7*2S SI ••!• •2«M sHAaYMaea aa JACaUClTiai NifeiLLY jAca«LYiariM|tir MS* s NAarabaa M MATZATA lar MSTl sa 17-117-ZS SI MIS •2MA SMABTuaea aa J RLEIN Ajp N RtLlT J H llCtH)%-a R RCILT 2AM SNAiR«aaa aa MATZATA m SSSTl 7 sa 17-117-2S SI ••!• •zaat SNABTMaaa la JMAN L CAAIMN JMAN L CARlSaN 2M» sitAamaa la MATZATA HR SSSTl sa 17-117-ZS SI ias2 izcAA sNAaTwaoa aa 4ACMUILTMN H RCUT JACaUiLTMN H RCLLY J N RUIN t«M SNARTMaeD RB MATZATA NN SSSTl TOTAl BATCH SIS Mill I CfRTirT TNAT THE PACTS RCPBCSCNTCa ABf AM ACCURATE AMB TRUE RIPatSIBTATIOM OP tNEaRHATlOH AS IT APPEARS THIS BATE BN TNI RCCORMS ar TNC NCMMPIN COUNTT aCPARINCMT BP PROPCRTT TARATIOM* TB TNC REST BP NY RNBM.COGE AMB BELIEP. 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BiomUpialc' Hft/k untiMnik mh t)fJ tfftkh tt hn fi‘ (illas.t, - ^fit /«ant evtckift fudo fyHivtd iy ie Ut mn^ lut pkeh if), iCi riujontd- <1 -fl^ p/ktil/ttiM byt ffi nwshd t'lKioad^atuf ih,ksr^.t ^^/>znr,y AUMkiA h smalic. iOi'tL ffbi/rdy V’\;} fiiMi/ui lOt*. Ifdo sf (f- »f ffl- mtidtkeik aii y’J tv ' ' A a RiMifin nic'tt, Ml^ !^k\k du,(^. sMu4 nb'tt RiRiti/t/^ Ml V^r.^ i^hi U liRnhi. IkLRffiA pffho mid cRink fi r!f\ RtiiR, ftt^mhRS. W‘v</ TiiAittR\, rin ihfft Ml /^xuj M/c K A fo /ufMcf Mi mH(. Mff^L^BM a ^ j'" /Mi pRo/RRcftdi /^Aojocf com M mh it fjf/2Rc^ifffily mi(odi^0 ^ msidtApk-. H-tS-63 m Ui'Mirii CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 2 9 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 14 (C)- SECTION 10.22, SUBDIVISION I (BI SECTION 10.22, SUBDIMSION 2; * SECTION 10.56, SUBDIVISION 16 (0(6): AND SECTION 10.56, SUBDIVISION 16 (L)a) FILE NO. 03-2866 SuMm„on 2; bisection 10.56. Subdixi,ion 16 (CK6)«d Section 10.56. SuMivlienW ^ w * *" **“""* * ‘ f- lakeside deck, enclosing 15 1 s.f as paUo icea. »idi 2 S48 Minnesota Suiuies andihe Ci?y orOro™ Oro-fp^^”'^ Minnesou: RESOLVED, by Ote Ci^ Council of Orono. ri.NDINCS 1. This application v\as reviewed as Zoning File i^03-2866. 2. The propeny is loc«ed in Ihe LR-IC Zoning District, where 0.5 t»es is the Page 1 of 6 • • • GITYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 4 9 2 9 minimum required lot area. The property consiw of approximately 0.4 acres. The Orono Planning Commission review-ed this appUca-Jon on Febmar. 19 2003 and recommended approval b>* a vote of 6 to 0. ' ’ The Planning Commission made the following Czdings of fact: A. The deck has exUted for many >aars in the Iccaiion of the proposed d*ck; B. Replacement of the deck as it currenUy exists and enclosing a s=a!l ace» will not D. p«t neighbon- vie« of ’the Uce ve not perJy tSected by ths locoion of the deck or the proposed patio et <osure; ^ raJisn^’^emovid^iii*^^non-conforming plane hardcover on the preperty that F. Excessive existing hardcover in the 0-75 ’ zcie can be substantlallv reduced by removing a portion of the concrete patio near the lake. - • ' / srsitr *..i ” ss".5 Page 2 of 6 €lTYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 4 g Q CONCLUSIONS, ORDER, AND CONDITIONS Sued upon one or more of the above findings, the Orono Cil>- Council hereby grants \-ariances to Municipal Zoning Code Section 10.03, Subdi\isioa 14(C); Section 10.22, Subdivision I (B); Section 10.22, Subdivision 2; and Section 10.56, Subdlvisicn 16 (C)(6) and Section 10.56, Subdivision 16 (L)(2) to replace an existing 507.6 s.f. lakeside deck, enclosing 151 s.f as patio area, with 2,848 s.f. (16.3H) of structure where 2,620 s.f. (155») is perizined; 6,442 s.f. (57.0854) of hardcover where 2,821.5 s.f. (25%) is permitted in the 75*-250 ’ hardcover zone; a--.d a 21* encroachment into the a\*enge lakeshore setback. Approval is subject to the following conditions: I. Council approval is based on the site plan submitted by the applicant attached to this resolution as E.xhibit A. Any further tnendmenls to the site plan may require further Planning Commission and City* Council review. Approval is subject to the following: a) 1,506 s.f. of existing Ir-.dscape plastic hardcover must be removed on the property-, and b) in the 0-75 ’ hardcover zone, the 6S1 s.f. concrete patio must be removed to reduce the hardcover fro.*n 1,341 s.f (24.8654) to 660 s.f. (12.23%). Authorities granted by this variance rc.n with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (February 24,2004). Violation of or non-compliance with t*.y of the terms and conditions ^ /lhi< variance shall constitute a violation of the zc.-Jng code, shall automaiicalL -'..-vuiate any authority granted herein, e.-‘d shall te punishable as a misdemeanor. The undersigned applica.r.s have reai, understood and hereby agree to the terms of this resolution and on behalf of the.T.selves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property.’ Page 3 of6 r Oj. O' GITYofOROXO RESOLUTION OF THE CITY COUNCIL NO.__4 9 2 9 ATTEST: Btrban A. Peterson, Mayor P«ge4of6 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 49^9 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregomg iiutrument vfas acknowledged before ce on this 24th day of February, 2C^D3 by Barbara A. Peterson, Mayor of the City of Orono, a Mircesota municipal corporation and said instrument was executed on behalf of the City. Notar>- Public STATPDF MINNESOTA COUNTY OF HENNEPIN % The foregoing instrument was acknowledged before me on this _^^2il'day of Februa.-.. 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and sal d instrtunent was execute^n^ehalljf the City. Dec^g I 1; J 1 Noar> Public T STATE OF MINNESOTA COUNTS' OF HENNEPIN On this 2^ day of L»\.\ v L .2003. "Om, A 0. persona!*v appeared before me. ____who is personally known to me whose identity I proved on the basis of \ 10 ________________ whose identity I proved on the oath/afTirmation of. credible witness end who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hislier/their free act and deed. CIMISEM.LESKINEN HorMT puauc .iMaorA c atagf inf Hall. «sm 1 Notar>- Public Page S of 6 L GITYofORONO RESOLUTION OF THE CITY COUNCIL NO.___452 9 STATE OF MINNESOTA COUNTY OF HENNEPIN %^1io is pcnonslly known to roe whose identity I proved on the basis of k,ti5 Tsy' __whose identity I proved on the otth/sffinnstion of___ cfedible witness -----------A ___ Noury Public CSMSsULESNNEN WOWWTMUC-f MWIA i%OHteinictaJnsi.acs Phge6 of 6 L MINUTES OF THE ORONO CITY COUNaL MEETING Moaday, Fcbniary 24,2003 7:00 o’clock p.m. PLANNING COM>DSSIO.N C03DIENTS. Contioaed -------------------------------- to <SSr Wl-CMU betobor ibeir potoa. or mno t;. to badger or tattaiditt. Conomaion ha. been .xtmrr'.y paSm, ,„d acefhl PUBLIC C03DIEMS Therr were none. ZONING ADMINISTRATOR'S REPORT 4. P03.2866 JUDY AND DAMD ZOSCilKE - 2040 SHADYWOOD ROAD \ ARIANCES - RESOLUTION NO. 4929 ^ ’ Nygard moved, \>Tilte seconded, to adopt RESOLUTION NO. 4929, a Resolutloo graotlog lot coverage by stmctarc, hardcover within 75-250* of the lakeshorc setback variances to replace an existing 507.6 s.f. *** D *•** residence located at 2040Shad>^vood Road. VOTE; Aves 5. Nays 0. PAGE 5 of n MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday. Febniary 19,2003 6:30 o'clock pjn. (Wl-llM JUDY AND DAVID Z08CBKE, CraUaanl)--------------------------------- •“<»«>' of noiKonfonnfcj plastic haidcover shall he With to the avetap lakeahote aetback. Chiput staled that due to the fact that the Otair Smith iudic^ th^ to her. the lemoval of the toof in 1993 caused the nooiboanb w tot. ^r<m. tius apph^on seems to be a mete replacement of what was already on the proper^. She also noted that the new enclosed portion adds nothing to hardcover sUxe It IS on dm upyr level Chair Smith stated that she would not su^ any removals from die driveway, as the home was on a busy County Road. * f****** **“* ^ *“** removed excess driveway hardcover in 1997 and would ^IdfvS^iLSelT!!? iw*'’ '•>0 pl»«ic had been there Chair Smith indicated that the plastic does interfere with the cjtural runoff occunence. Gaffion coacurred, staling that the removal of plastic has bees a policy for 15 years, There were no public comments. PAGE 3 of 26 NIINLTES OF THE ORONO PLANNING COMMISSION MEETING Wedccsday, Febnury 19,2003 6:30 o'clock pjn. (#03.2166 JUDY AND DA\TD ZOSCHKE, Cootiovcd) S^Uo ** **** remain, while requiring the removal of the steps j^schke noted that it would be difficult to remove the concrete steps and retaining walls on me north side without causing tremendous erosion problems to that hill. Bremw sUM th»t. ,fler walking Ibe property, the felt the garage would be loo Ught to lit m^g other than the vehiclet inside, therefore, the had no problem allowing iheAed to Since be taw no increase in stnicttiral coverage, Rahn tuted that he taw no reason to conunue to look for additional removals. Mabusth moved, Raho seconded, to recommend approv al of the requested variances #l plastic hardcover, as well as, the concrete patio In the 0-75 ha^cover zone be removed prior to building permit approval. VOTE: Ayes Of N^ys u* (#4) *0J-2867 DA.MEL ADAMS, lUSTO.NKAWA ROAD, VARIANCES 7:03-7 35 F.AL Kathy Alexander, of Alexander Design Group, was present representing the Applicant. SS.5-SS ss . ot Ashore variances to remodel, add a second story and attach the existing K currently exists bet%veen the house and garage would be filled m and the second rory with dormers would be over the entire residence hrdcover within Ike teiT:^ "o« ,o 9 T'^ PAGE 4 of 20 FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse. City Administrator Jennifer Chaput. City Planner January 31.2003 SUBJECT: «03-2866 Judy and David Zoschke 2040 ShadyHOod Road Variances - Public Hearing Zoning Dbirict: LR-IC One Family Lakeshore Residential Disuici (0.5 acre) Lot Area: 0.4 acres (17,467 s.f.) Eahibits: A Anal>'sis Worksheet D Apfdicatioo C Hanover Calculations D Survey E Deck Plan F Average Lakeshore Map G Plat Map H Location Map I Topography Map J Propert) Owner’s List K Permit Record L Permit for 1993 2"^ Story Addition M Photos of the propert>’ N Photos of the property b>' applicant (1993) Pertini nt Code Sections: 1. Section 10.22. Subd. 1 (B) and Section 10.56. Subd. 16 (CX6): Average Lakeshore Setback; The average lakeshore setback line shall be a straight line connecting the most lakeward proirasions of the residence buildings on the immediately adjacent lakediore lots. 2. Section 10.22. Subd. 2 and SecUon 10.56. Subd. 16 (LX2): Hardcover nitbin 75 ’ to 250*: Between 75 feel and 250 feet of the OHWL there shall be no greater than 255» hardcover. 3. Section 10.03. Subd. 14 (C): Lot Coverage B>' Structure: For all lots of 0-1.99 acres i.n total area, the total combined footprint areas of all priiKipal and accessory structures shall not exceed 15*/* of the lot area. BOi-2866 one/ Da\ ul ZoxhJu 2/2a2003 PagelpfS Apyiciti— SMaaiy: The applicant requests the following variances to replace an existing 507.6 s.f. (42.3* x 12’) lakeside deck, enclosing 15 1 s.f as patio area: 1) Lot coverage by structure: 2.W8 s.f (16.3'.) where 2,620 s.f. (15%) is permitted; 2) Hardcover within the 75’to 250* lakeshore setback zone: 6,442 $.f. (57.0Wi) where 2,821 .5 s.f. (25%) is permined: 3) Average lakeshore setback: encroaching 21*. In 1993, the applicants added a second story onto their home. The remodeling and expansion resul^ in the removal of the roof of the existing deck as well as the original railing system. The building permit did not identify a new deck as pan of the approval nor did it question the amount of structure or hardcover on the property at that time. It is the City *s policy that a second story may be added to a home when the foot print area of the building is not increasing, regardless of hardcover excesses There have been no zoning applications on this property in the past The applicants wish to replace the existing deck for safety reasons, due to the deterioration of the floor boards. The proposed patio enclosure does not increase the size of the existing deck but may impact the lake viewa of neighbors. The lot area and lot width of this property arc less than required by the zoning district. 1) Lot coverage by slniclurc The existing amount of structure on the property exceeds the maximum permined bv 228 s.f. Structure on the property includes the house (with deck) and a shed in the rear y^ This application does not propose to increase or decrease the amount of structure on the property . The proposed deck will replace the existing deck within the same square footage. There is no building permit on file for the existing shed. A review of aerial photographs shows that the shed was in existence prior to 1970. At that time, a building permit may not have been required since the building code allows structure up to 120 s.f. to be built without a permit (although uhe City has required permits for all such structures since 1996). To reduce the amount of structure on the lot and bring the propem closer to conformity, the shed (128 s.f) could be removed or relocated under the deck. The removal of the shed would reduce the amount of structure to 2.720 s.f. (l5.5?!o). 2) Hardcover There is significant hardcover located within the 0-75* and 75*-250* hardcover zones, none of which has had building permit approval but has existed since before 1970 (as shown on amal photographs). Even thou^ the proposed deck replacement is located in hardcover zone, it has been the City *s practice to request remov al of hardcover in the 0-75’ zone when excesses exist. e03-2866 Jmfy and DavtdZoschke 2/20/7003 0-75’ Hardcover Zone: The City's policy is to allow one 4* wide stairway with landings, and retaining walls (via CUP/vahance) w ithin this zone. This property has both wood and stone retaining walls and two sets of stairways, vary ing from 4' to T in width, accessing the lake. Since there are two sets of steps to the lake, one set (49 s f.) could potentially be removed to reduce the total hardcover to 1.292 s.f. (23.95%) from 1.341 s.f. (24.86*i). The retaining walls are necessary for the applicants ’ use of the property . There is a significant amount of concrete patio and walkway (821 s.f.) within this zone. In the future, if repair of the concrete patio and walkway become necessary, they should be removed. 75 ’»2SQ’ Hardcover Zone: There is 3.621 s.f of hardcover in this zone beyond the 25% permitted. Although this is excessive, there are few areas of hardcover that are unnecessary for the use of house as it e.xists today. Doors on either side of the home use the concrete walks for access; and the concrete steps and flat stones on either side of the home provide access to the back of the lot Potential hardcover reduction in this zone could be accomplished through reduction of the driv eway closest to the southern property line. If the driveway was reduced by 264 s.f (44* X 6’). the hardcover would be r^uced from 6.442 s.f (57.08%) to 6.178 s.f (54.74%). Additionally, if the shed (128 s.f) and patio blocks surrounding the shed (116 s.f) were removed in the future, the hardcover would be reduced from 6.178 s.f (54.74%) to 5.934 s.f (52.58%). Existing Landscape Areas with Plastic: There is a significant amount of rock on plastic throughout the property , which is considered non*conforming hardcover. All plastic and fabric must be removed on the property before a building permit will be issued. This includes: 70 s.f in the 0*75’ hardcov er zone; 1.267 s.f in the 75 ’-250’ hardcover zone; and 169 s.f in the 250’-500’ hardcover zone. Since plastic is not a permitted form of hardcov er, these numbers are not included in the total amount of hardcov er reported for each zone Average Lakesbore Setback In 2002. a certificate of occupancy was issued for the adjacent new home at 2060 Shadywood Road. The new home was built farther back on the lot than the previous home, changing the average lakcshore setback of the applicant's home. The property to the north. 2032 Shadywood Road, is closer to the applicant ’s property than the new home to the south. The proposed enclosed patio area is also located within their view of the lake. A letter is included in the packet from this neighbor, stating that their v lews will not be Impacted by the 21* encroachment due to the higher elevation of their home and the dense vegetation between the properties. 903-2S66 Jiw6* Old Davd Zoschke 2/2<y2003 FattJqfS Hardtkip: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Constdcnitioii: I The deck has existed for many years in the location of the proposed deck; 2. Replacement of the deck as it currently exists and enclosing a small area uill not increase the lot coverage by structure, hardcover in the 75*-250* hardcover zone or change the average lakeshore setback; 3. A building permit \vas issued in 1993 for a second story addition to the home uiihout addressing hardcover or structure issues on the property since the addition did not expar.d the existing footprint. The deck was not includ^ in the permit; 4. The deck would continue to provide a landing for two sliding glass doors located on the lakeside of the house; 5. The neighbors' views of the lake are not greatly affected by the location of the deck or the proposed patio enclosure; 6. The plastic hardcover is not permitted by the City anywhere on the property; 7. It is the City's practice to recommend removal of hardcover within the 0-75* zone when an application is under review; and 8. Other issues raised by the Planning Commission. Staff Rcconmcndatious: Staff recommends approval of the requested variances with the condition that 1.506 s.f of plastic hardcover on the properly be removed prior to building permit approval. If the Planning Commission concludes that the structural coccrafte should be reduced, the shed 2*7*0* ^ 5**®*®"**®^*^ removed, reducing the structural coverage from 2.848 s.f. (16.3%) to If the Planning Commission concludes that hardcover should be remov ed on the property, the following may be potential removals: a) In the 0- ■ hiardcover zone, the following could be considered: 1) The concrete steps on the north side of the “grass area” could potentiallv be remov ed to reduce the hardcover from 1,341 s.f. (24.86 %) to 1.292 s.f. (23.95%); and 2) In the future, if repair of the concrete patio and walkwTiy (821 s.f.) become necessary , they should be removed, further reducing hardcover to 471 s.f. (8.735i). b) In the 75 ’-250 ‘ hardcover zone, the following could be considered: 1) Removing a portion of the driveway (264 s.f. or 44' x 6') closest to the southern properr.- line, reducing hardcover from 6.442 s f. (57.08*/o) to 6.178 s.f. 54.74%); and 2) If the shed (128 $.f.) and patio blocks surrounding the shed (1 16 s.f.) were removed in the future, the hardcover wx>uld be further reduced to 5.934 s.f (52.58®/#). •03-2866 Judy and Dax id Zoschke 2/20200) Page 4 of 3 ANALYSIS WORKSHEET L«t Area A Width: LR-IC Reqairtd Actual Lot Area 43.560 s.f. (01 acre)0.4 acres (17.467 s.f.) Lot Width 100*75 ’ Hardcaver CakataHaai: Lot Cov erage By Siruclurc: •03-2866 J^mtdDtnidZoxhhe 2/20f2003 Foit5<^3 Total Lot Area Allowed Lot Coverage Esbtiog Lot Coverage Proposed Lot Coverage I7.467s.f.2.620 s.f 2.848 s.f 2.848 s.f (I55i)(16.3"/o)(16.3%) No Chaate DUtaace froai shoreliae Total area la setback Allowed hardcover Eiisliag Hardcover Proposed Hardcover 0-75 ’5.395 s.f None 1.341 s.f (24.86*/.) 1.341 s.f (24.86V.) No Chaate 75-250 ’11,286 s.f 2.821,5 s.f. (25%) 16.442 s.f (57.08%) 16.442 s f (57.08%) No Chaate 250-500*786 s.f 235.8 s.f (3(Hi) 192 s.f (24.42%) 192 s.f (24.425i) No Chaage riMl Aitffcniop » ^3- affct, DattRfccIvtd CITY OF ORONO - VARIANCE APFLICATION Initial ApplictUon Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee SISO.OO (no change firooi original q^lication) Variance ftw non-conforming stmctuits S250.00 AAer-the-Fact Fees (Double application fee) AmpuBt Paid go tH> PROPERTY LNFORMATION Site Address ^\C^(A\A)OC3^ f o/X/j Property Wentificaiion Number (P.I.I5.). Attach legal description to application if not included on required survey. Date Property Acquired, I (do) loo BOB also own the adjacent parcels of land. Present use of proper X residential other (specify). .(month^year) ' yZoning District: APPLICANT. .1 Name D/lllid Soscnn Address: fiO Phone (home ) ?5J- -/yyyPhone (work) 3 Py3 City: OUCud 0>%'NER (if difTerent than ^)plicant) Name Address:City: Phone (home). Phone (work)_ DESCRIPTION OF REQUEST Estimated Cbnstiuction Cost S 7S ‘xOOO DeKribe request in detail f^LpIftCf ioOk~. RH,Itk^ MkJi Sg/As TO (Xf JO S/?kfy CdU . J7Ji/ sM MiUrf fU dScA V • (attach Additional sheets if neccssar^ " VARIANCES REQUIRED ___ Lot Area ___Lot Width Setback: __Front __ Side Other (specif}')____________________ >C Hardcover ■__Rear X Lot Covers. X Average Lakesho UARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Sifip n ______________ (attach additional sheets if necesy ^ # /• 2. 5. 6. 7. 8. REQUIRED SUBMITTALS ^r^IlT ,..,r .n _ Completed Application Form _ Certified Prop^ Ust of ou-ners within 150*. labels and plat map (>ous.?s.nrii3is,y •” '•=»> •' npraducuoii. « '< • ii lor - To^g^PWe tonty (««tin* ird proposed eles-a-aons) if »nv chwns in exislinn SteAlToJT. f n*" ^ reptoduciion._ Sketch^ or plus of Hoor & elevation views (provide one (I) copy 8V." * I n - le^ nu.es (include nuritsl sutus) of nil penoris iih u inlemt in As ."«>«<») of spplicuKs) if rot cunem o»i.er(s). _ As u addendum to this ipphcauom please uach a stpara- -is vf ,„y other persons you wish notified of this applicatiotL _ Additional items as may be requested by City sui:. °*’IT "f Wlicatien. Please remember that ysHT YirUBW IBBlItltlM Is DPI fomplete If the ahova Informaito, hai ............^ APPLICANT'S SIGNATURE ^e a^Iicul hereby a(rees to provide all information r«,u::ed or requested by the Zonine Atoinistmtor asrees to pay «iditional fees (staff lime not covered b> cricinal fee paS ^or ^ullut expenses inciured ui review of this application, ud cettifies that the informanon supplied is true and correct to the best of his/her kr-owledge. Applicant's Signature Date ^ OWNER'S SIGNATURE ^ The ottTocr hereby acknowledges and agrees to this applicatio.n and further au-Jiorizes reasonable entry onto the property by City staff, consultants, agents. Co.-rjtiission members and Council members for purposes of investigation and verification of this request. Outer's Signature Date Applicant must have all subtriiltals into the City offices 25 m molllh'” AddII^'‘'»* Commission aMeetings are held on the third Monday of^ichvz:“„"rr. uOQ-7/.''1) MINNEAPOLIS Aicrlrii €fllf|f if lleiiattli|f pi*cA tjf 3t/JAiy ___________________ ^ ?;?t>br OlaA lilk.'f It Mfctum So‘jC lJl\ Utc A. aodC -Av 5un/r*Aj*.i ^r‘u^tM’4'0^. I iti iTuol 4-0 be lTffnei,*ci hlCTtUJL, /v C ft r0f*ti>A^ inr.a A_» <\ /4^V« A i- 4->0*%t^ plr.^<. •/«» 0 P P»4.A^3. pfLr^l* LJtrC. l/1. d bu^" b< f-/»/Vt /# jg f/ fj<<vCl el^ t ’/•At- Kfc\ r'oVAc.*!. ciAfi tS tt^usrvAlt */At, r^^r-p^t-cJ d^ik. Suk/yt.4‘l'cJ r<pA./“ is 4t r<- ^lact. ’Akt t/tfcA «CLi?#» <l/%fl ili J a. SrnAil Cn^ p^rt.L /it y \J *J 'f'At. ^\tuVi!fXM h'ft^ 4ii Ar c^dtA. TA.A»’*g« ^/*^f-L>4' L4<*.li Af (.<.'■ AA/h *AAt- /Spprtut J gJfjlt A.*»i^ 'Ppei‘^<,’*k4‘. I b Atv/ Zl I ldLt.«t. fl C4*i.f-^^Ac. C, -/t*^ ^ Arnt^Au.^/* o»^ 6i%r-t ’/^X« Ii/l . -^i. 4Ii44’ L’mi’i- d <»*t- rf^uiih/tj t\ i/tvn'ence-/ •fi - •^A/c. i^t. c\/rg«><l^ re Jw ccJ S~-/ruclrtrt. Ja/l Ctv->'A «/>i7.i.v,-»___k.j ></<np fj f/. tL^itt/i tx/c- rt/hmJUJ K«»w 4v r<.J«4cc •/'Ar^ i^/LAtuI* ruir\t/%^ ~Ak# Active <«Ati Jfi k, I At Si.*^ pcAck Li.'ll hi. pIcttJ in ’fAt, ficri-k r^J IaiJi.cI clrtf.d^ AaA ^>/1 ^^lyrtCy C/|</ tt dfAit. t h'tJ^ t_> ^6 f^kt C.Cl ('A .S A>*m c. A. 4*/i rtLu: tt/^A /•At- pn/*t^l\ *j- f A^^j» ^Aa.L>. u ^ «.(«/t« ^ u/f^e^ stL4’ii4’tt^ LtnA*.I r^Kf.*4l^ u-'iie^ Cu^A+-1:14 4-^ 4"r. t All •fX‘ 4~lit ^ 3ttr|g/g. ^ C«i»’*i A«»it f/ 4’Me% J,*'^^ 'f“o^i. eiri,..t bcfA i)cuXt_A A«<l b.<I/A A. Au^# A»hAc Oa ^Ac Sr>tcih MINNEAPOLIS St4- thue l% ^________ ^ '^Ut>n IaIAC Ci-tAlJ Mjt. tl— ::kke»V J\• ut c.rc4* n\tA€ L ^hkfiy ou^i ■A UW sL^A i>^ lii'cLi, j,; -frui^—OiACf.-----71\g^ glsd reu.'ffucj A..^ Aarrlcii C«llfge fl Rkeiiiitligt ^ f Cifrc^f^—if. Wc Qckht^' ^ JiJcc lo ^c;^f /Jg.f i-k/if- UJC a^4/<^ ^,4. ^(i. :l in—ftu-hf Uif__gi/re/.g/^ rtmot»^4 a /. ■Zi<A Jtthr M‘fS-cj.) a^J l^:IU. U ^.4- ^■h ■ik^iiy ^—it----Airrif^__kr.^J Cti'e^- in g.’»o f/c)c/»^4-.f^ rfciifc^fA tj A/» # f ■ iMilla Arthritis ana Rheumatology Consultants. P.A. J«inC Qcrntn MO .ce/ K M 0 i'C.-”OtCA S-r~C MD Psu) H <.V«/tz M 0 w«***vL '.V '*c". 00 s rrr- 'f-4n 0 Or/’S C Zetc*'*#. V 0 . F*> 0 P-cr# <1S2' »952> 693-i9W A Ctf^c cf i :i*3 Cerii.ec F,^€ -matsicg'st* Cc'—«f VC '•zr4 (6t2)333‘iC-:i -it i6‘2 333-»*'J .V B»'7‘*'*a S'.'# '*63; 55t 3-t;- S-X its:, .A u C» t ;rCnO;, December 15, 2002 Ba^itE.-^embcrger Cir>* Planning/'Zoning Administrator City of Orono P.O. Box 66 Co-sial Bay. NIN 55323 R£: Repair of deck at 2040 Shady^ood ReKirnce Dear Mr..3&leujbcrger I am writing to request a building permit to rrrair my existing deck. My general contractor. Scott Cooper, as alread-. reviewed the pjans >vith.you,_-Ap?arently there are some issues that need to ce resolved. Some historical information is important here. When we bought the house in 1993, the whole 50 foot deck was enclosed with a roof and an e.xtensive railing system. This was removed in order to remodel and expand the structure upward. We acmally reduced dte total butlding coverage by 350 square fc;t by removing a glassed in patio area and a sky port Not unexpectedly, the deck floor (carpet and ply.vood) had deteriorated with its new exposure to the elements. It has been unsafe to walk on for the past year. I have to replace the total deck flooring. I need to rep'ace the railing system and reroute the stairs to satisfy safety codes. I am requesting to re-cnclo-e a small portion of the deck (12 feet) to protect us from the elements. No additional building coverage is in these repair plans. Several issues need to be discussed; 1. Sight line restrictions - Because our home is on an cxca\aied hill there never was any interference with the neighbors ’ lake view with the old covered structure ncr will there be with the repaired deck. My neighbors agree with this (see enclosed letters). .Addiiionaily =iy neighbors have a privacy fence benveen our properties and I have grown a dense arborviiae hedge also to block any view of the deck. 2. Lot coveragg bv structure: By your calcularions we are over by 228 square feet. Note that we have never added a single square foot to this coverage with our remodeled structure and in fact reduced it by over 350 •quare f>ct (see paragraph one). This repair project does cc: add any covered sracture square feel. Our riginal approved remodeling plans (1993) allow for another 108 feet of covered structure but this was never completed for lack of funds at the lime. 7250 Av«nu* £jn« Km 55^35 I9S2) 993-1959 ;;30 H«fcc* Mf. *5—' * s3l 551-r.CA 8*5 V«c» -'I 9c-^:'*3 *. '• S5 ’-C2 16121 2*:-<-:2Ai Usk^JcevtM^ Jt ..•.-Vr.-**^>Mf.t ••• 1 7S-2VO hit ip.7. is V. 150-500 30 7. ! /'T 9 t /e/’ C«tu.r«^ ^^4rvc+u.rc. (/s^O 2.^3^tSVm' a4 /©/ «lT€a- (tt.j7.) 2/»y«'s. 4 zar s.ot,j,r. J^% m.j9c-raii j; >1 tfij^lfai To Whom It May Concern: W'c have reviewed the Zoschkc ’s plans for repairing their deck and for adding a small covered porch. We are m agreemMt with these plans. Because of the significant difference in elevation between the ^vo house.<= as well as a privacy fence and an arbotvitae hedge, there has been and will not be anv interference with our view of the lake. Sincerely, O 1/5 HARDCOVWICALCULATION worksheet vSD »««• M^SOO-soo-ioor 12 ft”' \oo Bw Otnfi C Otivnnqr \tmt tcn^: ST. ■«r -w^yBo* ST. SJ. S.F. D. SidwiOc COHCRfTE u»Wr£.SF.-WALI.. .8F.-C#l-f.STff E PtfioMc .SF.'Patiii S.F. F. LMdKSpC BjrPlHtie OrFMe -3^«c_POCI< OfJ•It; ST. O. OUnt total hardcover in zone total property area in zone A ______________ ♦ B xlOO M _ST. PROFOSID HARPCQVEII IN Tnfsng- ST. ST. H ST. _ST. _ST. _ST. R Oiraft C. Orivtway ST. S.F. D. SHrailk E P«tio«)cek F. UndMip* Underlain BjrPltMie Or Fabric ST. ST. S.F. ST. SF. S.F. ST. 0. Otfwr total hardcover in zone total property area in zone A ■#2 0’*<>I .ST. -A .ST. B H _____4 ^ 4 / __hardcover calculation worksheetnn^zoNii (cncLioNi) o-tj* gSb S£i soo-itor a Omtc C Dtwtw&f D.8idt«ak E P«iIo/Dtck F. iMdacapc UaMata DrFlMie OrFMe » K X X X X X X X # 22^1 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ____________♦ B ttQPOlID HAimcOYER IN ZONF ’ A Hoiat ^ _sr-%rtib'£-II _SE. - . - 9tMieTp( SF>^OHCRfTCr«t ■ ^ MCv/$£ .SF.-06<y< .S.F.-P^T‘0^^ >.F. W»0O RCDk xlOO - IL 2RA SE. WiM R Otrafc C Orfx««t)f O. Sidtwilk E Patio^Daek F. Landscapt IfadarUin Flattie Or Fabric a Other S^. ,SI. .SE SJ. SE _SE _SE. _SE -SE. .SE .SE .SE. , SE. total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B -SE L -i-AocroN,. A. H oum —kihtb MEET soo-ioor WiM B. 0««|t C Drivgwqr .SF 8F. SJ. O. SidMilk E Fatio/Deck SF .SF. S.F. F. Landscape Uadcrlain Byflaaiic OrFahrie .SF- S.F. F4ASTI6 0. Olhar total hardcover in zone total property area in zone ^ ______________ ♦ B W2afll vvaao fffiAiH .sf.-'^^'*Vb ^« FRQPQSIP HAUnCQVER IN mNt;- A. HOttW — •-n-ianri r, xlOO - ^24-40. .S.F. A S.F. B M B. Oara|e C Driveway D. Skkwalk E Patio/Dack F. Landicapc Uodcrtaia By Plastic Or Fabric 0. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE ^- - - - - - -- - - B Wi*h ■ SE EF. ■SE ■SJ. •SE ■..S.F.m S E- • m SF.m SF. ■SF..m SF. m SF. m SF. m SF. •.SE •S.F. A•SE. B . xlOO m H • '0 :‘ ’c-rf 'M ,• ■ •. w/'Lv 9 . 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OATC BY # O Q. # ^n '/0..^hcU^ LOCC<L / 1^- Pcral^ «9, PBRHIT R£CORO J2iie. • Tvi>e of Poroit /S3^>r«/»7c/ic7. 3-^9* 4JT /ipaiTi W /0-/3 HOCu /97 V 9*/‘» fc-7 /tro^-S * 7 * 4 J?UJi^i ( »fVi C P7 4r fiL&L ->9 fcncH 3/^7 /0-/V 7^ <4J9I /C*/V7^fJIcT^T >4- /,W.i'?5' ^5S■t);L n-is-^z>____0~ilcLuti/>^ v576./tie-A.. SS/L /?L/ /lA 7-/-i?7 ■Pcl3/</^/- f- _ /.’-t 'X vju ^.a CHET OFF UST FOR ISSOAHCB OF ’'LIMITS FOR OFFICE USE ONLY UK? ADDM88 OR SH^Om*JOoO (iA FID«_ ICRIFTIOa OF DRTB APPROVED ___________tOVXM RSVXSir RTi. BOILDXRO WMmm BTt. FEES TO EE CHARCEDi PERMIT PLAN REVIEW STATE SORCHARCE INVESTIGATION FEE SAC DATE APFROymi Mile. Fees Calculated Byi. Yes • No_ _Y.-“Z^ No SEWER CONNECTION NO- - WATER CONNECTION Yes----- No"^ PARK FEE ----- No"IT^ site INSPECTION Nuaber of SAC Units SORING dEOC LIST OTHER (specify)__________________ Zoning District! /^*/C»_________ nr. B.p.rt«.nt._iW£_ '»•' 0«le«. School Dl.trlct. tot It. i-a. n j!r wMthi LS.fi A,/< D«pth._*£l:»Lk.A!L Surv.y submltt.a. 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Application Deadline: 1/28/03 60 Day Deadline: 3/29/03 request for council action Dcpartmcot Approval: Name: Jennifer Chaput Title: Cit> Planner DATE:Fcbna>2a:W)3 ITFM NO Agenda Section Ztxiing llcB Description:f!03-2866 Judy and David Zoschke 2040 Shad>v*ood Road VariaiKes Eahibits: A Resolution B SiafT Report and exhibits of 1' 19/03 Pertinent Code Sections: 1. Section 10 22. Subd. 1 (B) and Section 10.56, Subd. 16 (CK6): Average Lnkeshore Setback: The average lakeshorc setb^k line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshorc lots. 2. Section 10.22, Subd. 2 and Section 10 56. Subd 16 (L)(2): Hardcover nilhln 75 ’ to 250 ’: Between 75 feet and 250 feet of the OHWL there shall be no greater than 25®i hardcover 3. Section 10.03. Subd. 14 (C); Lot Coverage By Structure: For all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessorv structures shall not exceed 15® b of the lot area. Application Summary : The applicant requests the following variances to replace an existing 507.6 s.f (42.3 ’ x 12*) lakeside deck, enclosing 151 s f as patio area 1) Lot cov crage by structure; 2.848 s.f (16.3® o) where 2.620 s.f. (15%) is permitted; 2) Hardee. er within the 75 ’to 250 ’ lakeshore setback zone: 6.442 s.f (57.08®/b) where 2.821.5 s.f (25%) is permitted; 3) Average lakeshore setback; encroaching 21*. PLANNING CO.M.MISSION: Planning Commission recommended by a 6 to 0 vote to: Approve the requested variances with the following conditions: 1) 1.506 s.f of existing landscape plastic hardcov er must be remov ed on the property; and 2) in the 0-75' hardcover zone, the 681 s.f concrete patio must be removed to reduce the hardcover from 1.341 s.f (24.86^b) to 660 s.f (12.23®/b). STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14(C); SECTION 10J2, SUBDIVISION I (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (CK6); AND SECTION 10.56, SUBDIVISION 16 (LK2) FILE NO. 03-2866 WHEREAS, Judy and Da\id Zoschke, husband and uife, (hereinafter "the applicants") are the owners of the property located at 2040 Shadwood Road, within the City of Orono (hereinafter "the City") and leg^ly described as follows: Lot 6 and the Northwesterly half, front and rear, of Lot 7, ''Gust S. Johnson ’s Addition”, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14(C); Section 10.22, Subdivision 1 (B); Section 10.22, Subdivision 2; and Section 10.56. Subdivision 16 (CK6) and Section 10.56, Subdivision 16 (LK2) to replace an existing 507.6 s.f. lakeside deck, enclosing 151 s.f as patio area, with 2,848 s.f. (16.3%) of structure w here 2,620 s.f. (15%) is permitted; 6,442 s.f. (57.08%) of hardcover where 2,821.5 s.f. (25^o) is permitted in the 75’-250* hardcover zone; and a 21 ’ encroachment into the average lakeshore setback in the LR-IC zoning district; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLV’ED by the City Council of Orono, FINDI.NGS 1. This application was reviewed as Zoning File #03-2866. 2. The property is located in the LR-IC Zoning District, where 0.5 acres is the Page 1 of 6 iiifi ■3 i minimum required lot area. The property consists of approxima:<;ly 0 4 acres. The Orono Planning Commission reviewed this application on February 19, 2003 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. B. E. The deck has existed for many >ears in the location of the proposed deck: Replacement of the deck as it currently exists and enclosing a small area will not increase the lot coverage by structure, hardcover in the 75 ’-250’ hardcover zone or change the average lakeshore setback; The deck will continue to provide a landing for two sliding glass doors located on the lakeside of the house; The neighbors ’ views of the lake arc not greatly affected b> *J:e location of the deck or the proposed patio enclosure; There exists 1,506 s.f. of non-conforming plastic hardcover on the property that must be removed; and Excessive existing hardcover in the 0-75* zone can be substar.tiallv reduced by removing a portion of the concrete patio near the lake. The City Council finds that the conditions existing on this propcn> are peculiar to it and do not apply generally to other property in this zoning district, that granting the variances will iK>t adv ersely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring propert>“. w ould not merely serv e as a conv cnicnce to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensiv c Plan of the City. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City S*.aff. comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of6 CONCLUSIONS, ORDER, AND CONDITIONS Btscd upon one or more of the above findiczs. the Orono Cit> Council hereby grams variances to Municipal Zoni^ Code Section 10.03, Subdivision 14(C); Section 10.22, Subdivision I (B); Section 10-22, Subdivision 2; and Section 10.56, SuSlivision 16 (CX6) and Section 10.56, Subdivision 16 (LX2) to replace an existing 507.6 s.f. lakeside deck, enclosing 151 s fas patio area, with 2.848 s.f. (16.3%) of structure where 2,620 s.f (I5%> is permined; 6,442 s f (57.08*/i) of hardcover where 2,821.5 s.f. (25%) is permitted in the 75 ’-250 ’ hardcover zone; and a 21* encroachmoni into the average lakeshore setback. Approval is subject to the following conditions: 1. Council approv al is based on die site plan submitted b> the applicant attached to this resolution as E.xhibit A. Anv farther amendments to the site plan mav require further Plaruting Commission and Ci:> Council review. 2. Approval is subject to the following: a) 1 ,506 s.f of existing landscape plastic hardcover must be removed on the property; and b) in the 0-75* hardcover zone, the 681 s.f concrete patio must be rcn .ovcd to reduce the hardcover from 1,341 s.f (24.86%) to 660 s.f (1 2.235b). 3. Authorities granted by this va.-;ance run with the propeny not with the applicants, but are permissiv e only and must be exercised by application for a building pennit within one year of the date of Council approval or these variances will expire on that date (February’ 24.2004). 4. Violation of or non-compliance with any of the terms and conditions of this v anance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of6 Adopted by the City Council ofthe City or Orono, Minnesou ate regular meeting held on the 24th day of Febmaiy, 2003. ATTEST: Lindas. Vee. City Clerk Properly Oumer (s) Barbara A. Peterson, Mayor L STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnimenl was acknowledged before me on this 24th day of February, 2003 by Barbara A. Peterson, Ma>’or of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of February, 2003 by Linda S. Vee. City Clerk of the City* of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ^,2003,. appeared before me, ____who is personally known to me ____whose identity I proved on the basis of. j)ersonally whose identity’ I proved on the oath/'affirmation of. credible witness and who e.xecuted the foregoing instrument, and acknow ledged that he/she/they executed the same as his/her/their free act and deed. Notary PubUc P^Sof6 r STATE OF MINNESOTA COUNTY OF HENNEPIN On diis day of_.,2003,.personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of. whose identit)' 1 proved on the oath/affinnation of. credible witness • a and who executed the foregoing instnanent, and acknowledged that he/skethe>* executed the same as his/her/tbeir free act and deed. Notary Public Pape6 of6 CCRTriCATC OF SURVLY FOR LEISURE ROOMS. INC. W LOTS 6 AND 7, GUST S. JOHNSON' S ADDITION HENNEPIN COUNTY. HiNNESOTA LAKE MINNETONKA CRYSTAL DAY m« CtMTM l« ocvrwt^iig. or • r «*<«oUt un !• CRONBERG & ASSOCIATES. INC. COMU.IM OMtMi. UM Mancveas. m fumtm «4t Mm MAM mm, tm i«c m mm —I %•« u•H n wimm mmmm wNt mm MM • Ml « Ml itMM MTIIMn MM|« I • •• M • •« «M • I r-H-mt GlTYoTORONO MmIcIH Officts SfeMi Mirau: 27SO KHIty Parlmay Oma. m U356 MUtai Mirau, P O loiM Crystal lay. Ml SS323M66 'O.. o 1 -V-V^ . k September 2S. 2003 JudyADtvidZoschke 2040 Shadywood Road Wayzata. MN S539I Re: Sutua of Required Hardcover Removals Dear Mr. & Mrs. Zoschke: Building Inspector Bnice Vang has advised me that your consirucuon project is nearly complete. When we last talked, I indicated I would poll the members of the Planning Commission who reviewed the variance request to sec whether they agreed or disagreed with your position regarding the specific hardcover elements that were to be removed. Having discussed this with most of the Commissioners present during that review, and then having had Commissioner Mabusth review the were to b* ** consensus of recollection as to what portions At this point, there are two apparent options for resolving this matter: 1. Remove the portions of patio as defined on the diagram attached to the re alution; or 2. Formally appeal the admim'stralive conclusion reached by staff. The formal appeal process is specified in Zoning Code Sections 78-96 through 78-99 (copy attached) which jncliMlw a formal public hearing and review by the Planning Commission, followed by final Council. The appropriate appeal application form is attached. The appeal fee is S 100.00 as esublished by City ordinance. The information you need to provide includes the complrted application form, the fee. and a letter of request and supporting information clearly a^kalion^'*^ ^ neighbor address list you provided with your original At this point you must either comply with the removals per the resolution, or immediately file the appeal pa^ ork and fee. I would prefer that if you choose to appeal, you make that decision very soon so that we can place this on the Planning Commission’s October 20 agenda. This would ^uire your appUcaUon and fee to be returned to us no later than Monday. September 29 so that we have time to le^ly publish for an October 20 hearing. Pi TricplMiM (fSI) 24MM0 • Fax (952) 249-44M «nnr4Uc«Muao.iu JodyADwadZoKhke Scpladbcr25,2003 Pife2 fa p,, flie TOlution or proc^ find Ihe property 111 violiliooofUiereioluticm conditions. I appreci^e your coopcntioo to date on thii matter. If you have any questions, olesse contact me ^ooe of the Planning staff at 952-24M600. (I will be out of the office Sept29 ih.-cugh OcUto Sinccroly, .X MikeGalfion Plannmg Director cc:Melanie Fotii. City Planner Janice Waataja, City Planner Ljde Oman, Building Official Bruce Vang, Building Inqiector |7ft.72 0«0N0 CITY CODE width c Jy may ba utUUad for tingla- fhmUy Q'tachad dwalling purpoMt if tht couBdl finds: a. It <s at bast one acrt in size, and tha avarafa width of tha lot is at laast lOOfsat; h. It is servad by public sanitary sawar, and c. Itethcrwisamaatsthaiaquirafflants of this ehaptar or othar applieabla Coda provisions. (3) In Rdlstrictt not aervtd by public $aHitary aru’cr. A lot of record in any R district in tha city not served by public sanitary sewer must meet tha area and width requiramaots of this chapter and shall not ba utihaad &r singb-CunOy dataebad dwaU. inf purposas without council approval (Coda 1M4.1 10.03(6XA)) See. 7^73. Saparatloa liaUtad. Tha separation by tha transfer or sale of non* ifbrminf, undeveloped lets not sarv’td by public sanitary sawar. align^ in a contiguous arrange ment, undivided by a public or private rood or road aasamant and urnbr same or common own ership is not permitted without council approval. Council appr^ b not required if the separatkn of such raaults in iiulividual building sites t.hat satisfy tha area and width requiremanb of this chapter. (Coda 19S4, | 10.03<6XC» Sac. 7S-74. Farming. AU farms in existence on January 1.1975, shall ba permitted to continue operation subject to the following conditions: (1) No new stock farms shall be created or existing stock forms eularged more than 35 pereant over tha total number of ani- mab that ciistad on tha form as of Janu ary 1, 1975, with animab over one year old except under the provbions of a con ditional use permit. In considering a^y such permit, the maximum number and t>pe of animab to be kept shall be deUr- mined by the council. The site design and method of operation shaU be reviewed, and the counril shall find that the pro posed or existing stock form will not in its opinbn ba detrimental to the public safety and the general welfore. (2) The estabUshmentofany new budding for the bousing of animals or fowl shad ba Ixated 150 feet from the nearest lot line. (3) Producu produced on tha form may be sold at retail. One temporary roadside stand may be estabUshed for conducting such business. One temporary business sign not over eight square feet in area may ba located in the front yard du.ring the period whan products are for sale. Off-street parking must be provided for. (Code 1954, { 10.03(18)) Sacs. 7^75—7^95w Reserrad. DIVISION 3. APPEALS AND VARIANCES SubdivMon /. In General Sac. 78-96. Board astabllshad. (a) A coning board of appeab and adjusttesata U estabUshed. The planning commission b con stituted as the board of appeab and adjustmsats. The decisions of the board are advisory to xhe councU. The board shaU have the following pew- €nt (1) To hear and decide appeab from any affected person where it is aUeged that there is an error in any order, require ment, derision or determination made by an administrative officer in tha enforce ment of this chapter. (2) To hear requests for variances in accor dance with thb chapter (3) To exercise other functions as provided in thb chapter. (b) Subject to such limitations as may be im- ’ posed by the council, the board may adopt rules for the conduct of proceedings before it. Such rules may include prorisions for the giring of oaths to witnesses and the filing of written brefs CD78:26 kwixg RECLTAHONS I by tht putiM. Tb« bovd ihaU providt for ■ ncord of iu procotdiafi. which ■h^ii th« minutes of iu nwotufs. iu fiadings and the action taken on each matter heard by it. the final order. (Code 1984. ff 2.54(1). (2). 10.08(3). 10.CS42XC)) 8nc« 78^87. Hcariofs. Hearings by the board of appeals and adjust* menu shall be held within such time and upon such notice to inUrested parties, as follows: (1) The board shall within a reasonable time make iu order deciding the matur and shall serve a copy of such order upon the eppellant or petitioner by mail (2) Any party may appear at the bearing in pwsoo or by agent or attorney. (3) Subject to sucb limitation as may be im* posed by the council, the board may adopt rules for the conduct of proceedings before it; and such rules may include provisions for the giving of oaths to witnesses «nd the filing of writun briefo by the parties. (4) The board shall provide for a record of iu praccedings. which shall include the min utes of hs meetings, iu findings and the ectioo taken on each matUr heard by it. including the final order. (Code 1964.110.08(3)iF)) 76>98. Notice of hearing. (a) A notice of the time, place and purpose of the hearing on an appeal or variance shall be mailed at least ton da\-s before the day of the hearing to each owner of affected property and property situated wholly or partly within 330 feet (150 feet in the case of a variance bearing) of the property. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person, and shall be made a part of the records of the proceedings. The failure to give published or mailed notice to individual property owners or defecu in the notice shall not invahdate the proceedings. *>• PubUshed in Uto offldal newspaper once at least ton days before ^ day of the hearing If the board autho- mes the issuance of a permit, the council shall w c tbe date of the decision of the board to institute proceedings to acquire such land or interest in the land; and if no such pwetdings are started within that time, the omcer responsible for issuing building permiu shah issue the permit if the application otherwise conforms to this chapter. The board shall specify locaUon. ground area, height and other « to the extent and character of the blading for which the permit is granted. (C^e 1984. a 2.54(3). 10.06<3XC). 10.08(2mBm Sec. 7^99. Appeals procedures. The applicant or other person or officers of t‘ my affected may appeal by filing a written not. suting the action appealed fiom and stating the •^inc grounds upon which the appeal is made. The ncrice shall be accompanied by a fee in the omouc: prescribed by the current city fee Khed- ule payable to the city, which fee ahaU not be refundable. (Code 1954. « 10.06(3X0)) Sec. 78.100. Subdivisions. Appeals to the board of appeals and adjust* inents may be token by any affected person upon corapUMce with any reasonable conditions im posed by the subdivision regulations. The board following powers with respect to the subdivii:3n regulations; decide appeals where it is alleged that there is an error in any order. f gf AS An MW 4 M■ AMrequirement, decision or determination made by an administrative officer in the enforcement of chapter 62. (2) To hear requests for varying the regula tions as they apply to specific properties t*‘here on unusual hardship on the Ian'* esisu. but variances may be granted onl. CD78 27 ^ - __ FILEN3-29S9 Nov*ml)«f 7 3003 Pag* t of 6 lo Dat* A^UcaUoa Rtccivcd: 10-19^ Dal*ApylteattoaCaftdtadaiCoaipiet*: ll-tXlJi «0-Day R*«te» Period Eipirct: 91-03-C) Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Dale: Sobjcct: Melanie Folh, City Plann November 7.2003 03-2959. Timothy &. Sheiyl Lanemer, 2032 Shad\Avood Road. • Van uicc • public hearing Zoning DbIrkI: LR-IC« Single Family Lakeshore Residential {Vi acre) Lot Area: 0.2 acre (10.521 s f.) AppUaOkm Smmmmry: The applicants request the following; 1. A hardcover \-ariance in Ok 75’- 250* setback zone in order to reduce their existing hardcover from 65.1% (82.2% including rock and plastic) to 61.2°/* where 25^* is allowed. 2. Side yard setback variances for the residence in order to add a pitched roof where a flat roof currently exists and add a full 2"^ story where currently a '/: stor> exists at a substandard setback of 5.8* where a 10* side setback is required. 3. Side yard setback variance in order to change the roof on the existing garage and carport that is currently setback 4.5* from the property line where a 10* side setback is required. Kecommendation: Planning Department SiafT recommends: 1. Approval of the hardcover variance in order to reduce the level of hardcover on the lot from 65.1"b to 61.2% within the 75*-250* setback zone. 2. Approval of the side setback variance to allow the construction of a pitched roof over the existing flat-roofed porch 5.8’ from the side yard where 10* is required. 3. Approval of the side setback variance in order to expand the current Vt story into a lull story 5.8’ from the property line where a 10* side setback is required. 4. Removal of the 357 s.f. carport in order to reduce structural coveraee f'oni 24.8^* to 21 4«*. 5. Remov al of all plastic and fabric lined landscape beds. Hardship: Staff finds that a hardship exists due to the substandard size of the lot and the location of the existing home F1LEI03-29SI Ncnvmbtr 7,2003 Pag* 2 of 6 Pcitiacit Zoning Ordinanec Section! Sec. 78-350. Area, height, lot width and yard rcquireinenls. (a) Height No stniciure or building in an LR-IC district shall exceed 2 1/2 stones or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed; Lot Area (acre) Lot Width (firet)111Side Yard (fret)Rear Yard (feci)Side Yard Adjxent lo Street (fcetl0 3 100 1 R in JO 10 30 IS Lbt of Exhibits A. Application B. Hardship Statement C. Existing & Proposed Survey/Site Plan D. Propo^ Plans and Elevations E. Sulmitted Hardcover Calculations F. Photos G. Aerial Photo H. Property Owners List L PbiMap Background The applicants’ existing home is setback 5.8* feet from the side yard where a 10* setback IS r^uirc^ The home has a flat roof on the rear porch and a '/j story in the middle ^mon of the upper level. The applicants wish to add a pitched roof above an existinc flat-roofed porch make their current Vt story a full story. The appliewts have proposed removal of all of the plastic lined rock landscape areas and will be r^lacing those areas with sod. They have also proposed removal of a 296 s f. section of concrete sidewalk. LOT ANALYSIS WORSHEET Lot Ar»a/W ’idth: LR-IC Lot Area Lot Width Required 21,780 s.f C/iacre)loo^ ■ Actual 10.521 s.f. (0.2 acre)40* Amh ■ F«.Et03-2«M *«mbw7.2003 Sf^sku LR-IC Required Eaistiug Proposed North Side 10*House 5.8* Carport 4.5*No Change South Side 10*House 11 * Garage 3.7*No Change Lakeshore 75*72*No Change Average Lakeshore 88*89*No Change Strucmral t o%r rage; Total Lot Area 10,521 s.f. (0.2 acre) Total Structural Coverage Allowed: 1578 s.f. (15%) ExistingTroposed: 2613 s.f. (24.8 %) Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 3009 s.f.0s.f (0«;i) 232 s.f.* (7.7%) 232 s f. (7.7%) 75-250 7512 s.f.1878 s.f. (25%) 4891 s.f* (65.1 %) 4595 (61.2%) After exclusion of fabric or plastic-lincd Iandsc4^)e beds Side Yard Setback Variance The existing home does not meet the required 10* setback on the north side of the lot. Any structural work or expansion on this side of the home requires a ^ ariancc. In order to repair a leaking roof the applicants would like to add a pitched roof to their nat-roofed porch and bring the pitch down and add story to the existing '/j story. The applicants feel that their water leakage problems could be solved by removing the dormered windows and adding the pitched roof to their porch. As part of this application the applicants would like to alter the roofline of their existing garage to include the existing carport. Staff found that no permit had been obtained for the carport The carport is currently 3.5* from the property line and approximately 5.5* from the neighboring garage roof. Staff believes expansion of the garage roof to make this nonconforming carport more permanent is not appropriate and not supported by hardslJp. FILEt03.SM9 No««mM«7 7503 Pag«4:re Hardcover Variaacc Hardskip StateBcat Hardship Aaal>sb =SSi£SsSSS™:““r^ carport. Ra‘hcr. Staff uould ask the Planning Commission if liic additional^ructual ' cllSi.SL‘::,'brsi°omcTco^^^^““ ST "'"• 'A' 'oo/som. «n«-W h„, u Tht location of the home on the lot and the tot tizc arc not created by the applicant 3. -The vari^M. if granled, »11l not alter the esaentlal character of the locality * m nature of the lot, along Shady^t oad Road in this area i, .mall tor“^^A c/oK/y spaced home, In the opinion ofstaffthi, crUerion I, met * FiL£iC3-2fiS» Nov#r*r«f 7. 2003 Fa««5al6 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economic considerations are preventing the ap/dicanlsfrom razing (he house and re- building a new, conforming home However, economic considerations are not the reasonfor the variance request. 5. "Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section I I6J.06. Subd. 2. uhen in harmony with this Chapter." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not pemit as a variance any use that is not permitted under this Chapter for property in r.e zone where the aflected person's land is located." Not applicable. 7. "The Board or Council may permit as a variance the temporary u«e of a one-family dwelling as a two-family dwelling.” Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." This property is o’t acre within a 05 acre zone. It is not particularly small for the area, nor is the size or location of the home on the lot out of character for the neighborhood 9. "The conditions do not ^ply generally to other land or structures in the district in which said land is located." The zoning standards apply to rll lakeshore lots in the LR-IC district In the opinion of staff this criterion is not met. 10. "The granting of the application is necessary for the preservation and en'oyir.ent of a substantial property right of the applicant.” This criterion is met with respect to the house e.xpansion. 11. "The granting of the proposed variance will not in any way impair healui. safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." This criterion is met w ith respect to the house expansion. 12. "The granting of such variance will not merely ser\e as a convenience to the applic.int. but is necessary to alleviate demonstrable hardship or difficulty.” This criterion is met with respect to the hotue expansion. 7. am 1 iMf far CwMTiti— 5*-^'^*^^ *?** **“ •“••* *° •**®'*'**** to remain? 2. If i Im carport b icrooved, does the Planning Commission feel that the parkins surftce should be removed as well? 3. Are there any other issues or concerns with this applicalioo? SlairilaeM Flaoiiag Staff recommends the followiiy : 1. Appr^ of the side setback variance to allow the constniction of a pitched roof over the cxistiiv Oat-roofed pocf^ 2. Afproval ofthe side setback variance in Older to expand the currem Vi story into alull story. 3. Rcom^ of the carport consisting of 357 s.f. structural coverage, but allow the underlying pavemem to remain as a parking area. 4. Removal ofall plastic and febric lined landscape beds. * t &m%vrA CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional vanance) Renr*al Variance Fee 5150.00 (no change from original application) Variance for non-conforming acuctures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR^UTION Site Address HOS'A SlYlctt/iv'oort iCoact Property Identification Number (P.l.D.) n in 3i OOia> AppUciHoa Date Received 1-n z Amount Paid Orcno, Hn ggsrii Attach legal description tc application if not included on required survey Date Prapttty Acquired oq i«io)r___>•**<> o'»’'n the adjacent parcels of land. Present use of property: J^residential other (specify) Zoning District: LR - I _____ _(monlh/year) APPLICANT Name rirvx>Hu| J. Address: 8033 SinQrtwu)ooct City Qrcvio Phone (hon:e) ^52/410-41^ I Phone (work) 953-/44 T i - ft ^ _______Zip: 5S39 I 0\^ .\ER (if difTerent than applican:) Name Sa/v^^ Address: Phone (home). Phone (work)_ Zip:. D^CRIPTION OF REQUEST Estimated Constniction Cost $ 140. CCC Descnbe request in detail: St( Ot^uchett. ^------ (attach additional sheets if necessary*) VARIANCES REQUIRED ___Lot Area X Setback:Front Lot Width Hardcover _Lot Coverage J^Side _Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Descnbe undue hardship or pncUcal difficulty or unusual ptopeny* conditions preventing compliance with Zoning Code requirements: See OJ^Ck)tcL * (attach additional A TiSilPCi REQUIRED SUBi\llTTALS for IPPliWlion «»*«i|fny tfate tn I. ^ Completed Application Fonn obtain this map (you must Govt Center, 348-5910). ««««?« County Department of Finance, A-603. ---- Certificate of Surv»v 5. 6. 7. 8. Govt Center, 348-5910). ' ------- a -ouj , ~ *“rtcover reptodocUoo. ^ P™'--' (I) copy ty.- , f„ propeity. Thu would iiluifenm-,) ^ As in addendum to this ipplicS nle«-^^ ^ ^ “®* '“™“ »»■"«(»)• you wish notified of this wlicatir-^ * “> P«nons ---- AddiUonal items is iniy be requested by City s-j<r. yfh. APPLICA.VrS SIGNATiniEAPPLICANT'S SIGNATiniE Adm^it«or.igm*sV^^^uS^‘f4*(L'^^ll*^0Uo‘'^h" “■* 2"oi ”Sconsultant expenses incuned in review of Ws ^ol.r '** supplied is true and correct m the beTof Jd^lr tao^ ““ AppUcanf. Signatureog^/aj,^ , lO/.s/.w OW’NER'S SICNATirorO^^TVER ’S SIG.NATURE —a-----*cni;ca:ion Of this request Date IC/fs/.. M«ting. Planlung' Co^Sn on ft'e *w'm luve an authonzed agent attend in your place and to ri?.. ““ *™i|emetils tochange prior to the meeting. > “ P“« «>C » advise the Building * Zoning Office of this #r 9 7^ .f Cs>' DATA FRIVACV An\^snRV In acconlance with M.S. 13.04, Subd. 2, *Ri^its of subjects of data”, we w'ould like to inform you that your request for a pennit or Ucense from the City of Orono or any of its departments may require you to furnish certain private or confrdenUal information. You are notified that: I. The uiformation you fiimish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refiisal may require that the City deny the pennit or license. 3. The information may be shared with other local, sute or federal agencies to the extent necessary to process the permit or Ucense. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have ceit^ ri^u under MS. 13.04 (see following page) to review* pn\*ate data on yourself. 6. Your full name is required to process this application or permit First Address Middle City 4fA/ State Zip Phoce I understand my righu as suted above. ^ / Adjaccal Property Owaer** Ackaowledgcmcol Form I (we) 'Dav/>cl ZOSCKK^ of acMO S^cU4LCCCd. Igd (prim oaroe(s)] (print address] have reviewed the plans for the proposed improvemern or proposed use of the property located at ShoriifccodWttdso referred to as Land Use Application No._______. 1 (we) understand that in executing this acknowledgement. I (w e) am (arc) not asked to declare appro\el or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires CoiuKil approval. Date \^J> P^Ow^' Q Date * I (sve) [print name(8)](print address] have res'icwed the plans for the proposed improvement or proposed use of the property located at Shorltj uxod fkUlso referred to as Land Use Application No._______. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Coimcil that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council ^iproval. eKH«iT t The wcstcm most (road sidt) portion of tht house has an A frame style roof with dormers. It also has an area that Is a flat, rubber roof. We would like to remove the western most (road side) portion of oor roof and replace It with a conventional roof to match the eastern most (lake side) roof up to the flat roof area. This would provide a uniform and consistent roofline. The proposed new roof will not be any higher or wider than the eastern most (lake side) roof. The increased bulk of the house will be very minimal. We would like to Install a trussed roof over the existing flat, rubber roof on the western most side (road side) of the house. We would also like to replace the existing plastic roof on the carport with a trussed roof, running the opposite direction of the existing garage roof. tlMdtfriP/PCKrifltlQn of Unusual ProiWftv We are asking for this variance because the house and carport were built within the side setback boundaries. The existing dormer and flat roof show evidence of past leakage. There are large water spots on the inside sheetrock directly beneath the dormers and water pools up on the flat roof. We feel by allowing us to change the roof to a more conventional line, we would be better able to capture run off water via a gutter system so that rain water does not run into our basement or onto our neighbor’s lot. Because we are not proposing to build higher or wider than the existing eastern side (lake side) roof, we will not obstrurt our neighbor's view. # r 59 ^0^ C kK isitC* / ^•oot IWH ItASnc. S6l 7^. \ . J^CAUPORT-^ ‘fe? »32LM(M«aa) y DOSHMC RCSOCNCe ^s9 , ^32.98 /S M-04’59" W SljO.--" '^COWCWPt % WCK " mTH x8 y//yy •ST II C*x»a I I 2-STORY FRAlie RC9XNCE 2032 94AOYWOOO RO fF - #51.20 ”* w5* i«00O FDICC Y»T>« PLASTIC ________ ^ WTO ••«» n>rnc _N5«:«^3-e^ rouNo,- -V - t8± / V^9 247.29 S 55*57'59" W ''A "RET. iwu. -1- ••>- —/ '* 18± jl FOWiO 3/4* C^CRETCaooC RCTAINING WAIXS OaSTMO ReSCORX * -n ekh,».tc. <te \ / is«mce ■*®“ "W HASTK- >♦.’^L. J'- / raSTWC KSKXHtX ^s9 <OOOi •*? <L ^ . V ®^Acc Mk \-" ■■■■'^r,. 13Z98 (s M-04'59* W / 5lj0.--" •'^coHCwnt N x~~ywQ(___________WTH - ^.‘XNN 56'48*33* 2-STWY niAlie R£90CMCC 2032 SHAOYWOOO K> fF - 951.20 ^ fouNo r yyyy. <• BASS^CCJ i / iml ••♦ 1«!100 FENCC PLASTIC "iiSiH ♦Mi.y PiAsnc ■0^9 247.29 S 55-57’59* W =; 3 18±s m. WALL ■rOUNO 3/4* CpNCWCTC BLOCK kctamno walls OOSTMO RCSDCNCC yyyyyyyy w 2 wz I .L. RcHieir UCW *♦*•«»- TVuw#f • ^ w • • IB .•furrr. .'i'. ‘ •• A«> k l~~7~®l6Vlt:or IJMriMt «»-«f KA«Mdl» « • /• * t«TMMMU I / * mUNlMtW • MlaCtfWMVfttvmuMna*. ■mmawm <yHf wwwinni« ---------nUMT IW9U KMAI#' »tB0’O M •agtut* •uL LAM .MPMM4 t-M Ca«** 1 EQfifc MS-INCINUMOIOOriCttSO«TUiSSCSTOMAfCII~ * VfD ALIGN Wr.« IXItTINC SCIttOB nU«SI& AIMOVC CXISTI!<iCIHSTOllVaOOrAN94KJ«MEaS. aOQMMCATMltG;. I /1 IN. 0X1. BOASP OR CAK H.mc W/AfrUCABLC USE AND SVAN RATtflR t BUILMNC rAPE 4 Mf rtLT tATU TVnCAL r.JMlA.OOUMlAMDl VCmT ■ONCLEC; ASn ALT. MS UC^.OOUMI AMD'tVK PEA OWNER SELECTION. VBAW OWNIB aE-ROOP OP ENTIAE AOOP IAEA. JLASmNC AT V/OXEY ANA INTEASECnONS, SGA. CALV. INSET metal Id ANA WATIA aOELA PLAMINC ALSO Al INAKATIA ON ABTAIUL ETAETEAfTAyEAVEPI I PT. PPOM BACE M AS AEQUW^ AT OQAt.i(NfALITV TO BE 0UCS n A WATEASallELA OB EQUAL MOC AT SLOPES AOOP. boot insulation , it IN- PjO-BATTOA BLOWN. BAS AUton/rESAT CAVUPOA AIR PLOW PBOMSQPPrr. VAPOR BARRIES INTEBKW CEt^ MOB, S ROOP VENTUXTION. MATCH 4WINC ROOP. Hn^mOA CULIW: PIBIiM. f/iBi GYPSUM BOAAA ^SSaTO MlKcHAN^LIGlfwiTH EXlflTNC. miRH^ ANb soPTiT TO ALicH wrmsEtsnNc HATHOAi-^ nMSH TO »«A1CB UBTAIC.TVnCAl. •4.. • • -MAfCVl-£visT. tttJAAUK. L HARDCOVER CALCULATION WQUCSHEET KTmACKlOffE: (CnCUOND 1 rr e 7S-2ST 2S9-S00*SM-ioor B. C Drivtwty D. Sidt««lk E PMioMi s F. UadiOFt-*. Uodirtiia ByFl^ '9TOTAL KARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 2^<5rl A _____________ PROPOaiD HARDCOVER IN ZONt A. H oum B. Oarai* C. Driveway a Sidewalk E FatioMc F. Uodcriain ByPlaitk O. OAir ^ UVAIIS B _3QD^ xlCO B ___________ xlCO Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A LSZ- ♦ B xlOO hMii AHaii 5 EF. EF. SE. EF. EF. EF. SJf. S.F. .SJ. .ST. SJf. ,SJ. S-F. SJ. ST. A _ST. B ST. ST. SF. A ST. ST.li-’-' ST. ST. .ST. ST. .ST. .ST. ST. ^_____ST. A 22fi__ST. Bin__ hardcover calculation worksheet SETBACKIONE: (CBCUONI) t.79* •BciHOire 2s*-str A Mom /rw s^. H.^ yv I^uv i r II t\. ; >U tm-^m-:j« t-iy- s ■ ■ jiij V J ■ r- tUNMIl MWM)HENNEPIN COUWIY PIIOPERTV INFORMATION SYSTEM PROPomr OWNERS usr rAliC: I M ITKmMNS rROPAOin l«H SHAOVWOOORO OWMRRMMNE MNCT E SOLTAU TRUSTS TAXTAVn JANETESOLTAU NAMEVAOCIR ITWSlUimVlKIURIl WAVZATAMN S5JN M I7ll7213l0a0l pRorAOOR sm shaoywoooro OWNER tlAME R B KMCMNER A L M MRTHNER TAXFAVIJI RBRRinBCRAI.MKHinMtR NAMI/AUM nOOSlMUYWUOURI) WAY/AIAMN 53JTI N I7II72JJIOOQ3 fROr AOOR 20U SItAOVWOOO RD OWNUNAME RWACMKOZTKV TAXfAYLR RR-IURDWWI/KTCY NAMIvAIMtR JOU!UIAIIVWI«R)RII WAY/AIAMN 33WI V ^ ’/ IT ITIITUJIOBRJ pmrAOOR tMESUNHrriM OWNER NAME RESTAURANTS NO UNIT B<C TAXPAYS RESTAURANTS NO UMIT BC NAME/AINIR 4J«IIAKFRRD MMNI MINKAMN MMI M I7II7IMIWII PROP AimR 2024 XllADYWnnO Rl> OWNS NAME PAMELA JWILLETIE TAXfAYIR PAM WIULTTE NAMI/ADOR 2024WIAOYWIKKIRO nWIINOMN Jl I7II72JJI«II2 PROP Alum 2032 SIIADYWnOORn OWNS NAME TILAHERNERAALATTERNER TAXPAYI R T1M01IIY J/SIII RYI. A IAHI RNER NAMI /ADIW 20)2 SIIAOYWIKN) Rl) WAY/AIAMN ^^*M| ' ) M I7II7U3IWI) PROPAOOR XMO SHAOVWOOORO OWNER NAME DAJ20SCIBCE TAXPAYER DAVDRJUDVKZOSniKE NAME/ADOR MM SHAOVWOOO M) WAY/ATAMN 5SMI 17 1711723)1004) PROPADOR 3701 SUNSET DR OWNI R NAME SPEEDWAY SUPt:RAMERR'A IJX' TAXPAYER SPEEDWAY SUP1.RAMIiRN'A IIT NAME/ADOR C/O PROP STY TAX RECORDS 33T SOUTH MAIN ST IBNRAYUll 43MU 31 171172)310032 PROPADDR 20MI SIIADYWOOURD OWNER NAME JMXjUEl.VNN M Kl li.V TAXPAYER lAtXJUELYNNMKIIJV NAME/ADOR JMKIiJN 20b0SIIADYWnnORD WAY/AIAMN 33VM . ,r. , Ew • R J'Y., I CERTIFY TMATTHE FACTS REPRESENTED ARE AN ACXXMATE AND TRUE REFRESENTATIONOF lhFORMA1X)N AS IT APPEARSTtfS OATEONTHE RfiCOROS OF THE IWWCPIN COUhTTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND OEUEF. DATE/o-7“t?^ BY MENT.TUTHtBEST ^ ^ ft \ V Mt nt >« ’i Hf I Hennepin County Taxpayer Servicee OepartnvklMt^^ - 'V t^52) > \ m ^ .♦ y^y\. (^2) r4i x.y.r Or- • « Pwrct! UttomMon ■T. o^^ireal ID 1711723310012 Number 2032 Otraut Nmn* SHAOVWOOO RO TMiknolelipaiyieconMmep- MftfimmlB e c aepirtlbw of *itoniiiDW erirfdMe*DmOiy. County. entfSMloraetf eu0M>*iMentf oiler Mweae Halt AfpHcatlM lUnIvcd: 10-22<«J DMtAppKcallMCMHMcrcdMCwivktt: IM2-f3 12t-Itay Rtvicw PirM Expim: 3-lt^ Chair Smith and Planning Commissioners Ron Moorsc, City Administrator Frooi: Dale: Subject: Mike Gaffron. Planning Director November 13.2003 #03-2961 Nina Wildman. 745 Spring Hill Road - Preliminary Subdivision Zmiiag nialrict: Lot Arcu RR-IB Single Family Rural Residential. 2-acrc min. 23.9 Acres ± Apptiemtion Summary: This is a proposed 3-lot residential plat of property located on the southwest shore of L^iard Lake. The proposal iiKludes: - keeping the existing residence, guesthouse and tennis court within a 6.3 acre lakeshore parcel (Lot 1); • development of a new 11.5-acre lakeshore building site for construction of one new home in the near future (Lot 2); - creation of a 5.8 acre non-lakeshore parcel to be acquired by the adjacent property owner, has potential for future residential development (Lot 3). - creation of an outlot for a private loop cul<de-soc driveway primarily serving Lot 2 but also functioning as an emergency vehicle turnaround. Staff Rt ommentlatiott: Approval subject to a number of conditions. LbC of Exhibits A - Application B - Survey/site plan C • Aerial photos D - Wetland delineation excerpts E • Septic systems approval memo F • Road casement dcKuments G - Plat map H - Property owners list I • City Engineer comments J - Fire Marshal comments Background The applicant proposes to construct a new home southeast of the existing residence. The property is zoned for 2-acre lots and is not in the Metropolitan Urban Service Area, and therefore will continue to be serv ed by septic systems and w ells. The site is mostly open fields and abuts the Hymi 74SSfrtacHUIRMd Sottmktr U.2M3 fattl DNR s Wood Rill Scientific and Natural Area to the immediate south. Access to the property is via luong, narrow pny^e road that exists pursuant to a s^ariety ofeasements bctw een property owners. The property itself docs not abut a public road. The private road cuircntly sery es 4 homes, and will serve 5 homes (and a potential 6ih) upon completion of the subdivision. While the applicant does not want to subdivide to the highest possible density under the 2-acre zoning, future subdivision potential exists. Staff has w orked with the applicant and her consultants to ensure that the ability to meet City codes for future subdivisions is not compromised by the current proposal PrelimJaary Plat Reslew The apphcwt was hoping to begin a new home in the early spring and chose to submit a preliminary Q Conformitv to Zctting District and The prepowd wbdivision to create residential lots oftuo acres in area or larger confoims to the ° R^athHthio to SurrounJitig The proposed subdivision is consistent with surrounding rural-density residential development. The northeast teundary of the property is L>t!iard Uke. which is surrounded on the north and east by homes on .-acre lots. Dirwtly south of the property is the Wood Rill SNA. a ‘big woods* Scientific and Natural/^ea owTied by the Minnesota Department of Natural Resources. Directly west and northwest of the property is a large estate parcel including open fields, w oods and wetlands. ° Layout and Lot Standards Lot area: Each of the three lots exceeds the 2-acre minimum lot area standard of the RR-1B District. Lot HUu I and 2 are lakeshorc lots abutting Lydiard Lake, which is a Natural Environment Lake and subject to 150* structural setbacks. Lot width for these two lots is measured at the shoreline ^ standard. Lot 3 is a non- 'i* ** “ measured at the rear of the defined front yard, which IS 50* from the cul-de-sac loop. Lot 3 technically requires a lot width varianr*. The driveway outlotw^ su^ed by staff as a meAod to altow each iono abut a private or public road ^ M^mi 74S Sprtat Hin Road Novtmbtr 13. XM3 PagtJ Setbacks: The preliminary plat drawing accurately depicts the front, side, rear and lakcshorc setbacks that would apply to this subdivision. Lot lines have been located so that the e.xisting residence and tennis court on Lot 1 w ill meet r- juired setbacks. Note that the ‘garage’ s'jucturc in Lot 1 is w ithin the 150' setback for Lvdiard Lake. This structure w as built prior to adoption of the Shoreland Ordinance which established Lvdiard Lake as a Natural Environment Lake, and would remain as a legal nonconforming structure. Adequate area exists within each of the two new lots for development of a single familv residence meeting all required setbacks, etc. Road Layout end Standards: Poienhal Road improvements Seeded Road access is perhaps the single greatest concern identified by Staff regarding this subdiv ision, relative to the following site conditions: 1.The property does not abut a public road, but is accessed via a private road driv cw ay w iihin a cartway established in 1882 from what today arc properties owned by Wir.ston and Hawn, and within a private casement over the adjoining Winston property. The cartway is not maintained by the City. Its legal status is somew hat unclear to staff and this w ill require some review by an attorney... 2.The private driveway road serves 4 existing hemes, and will serve 5 or 6 homes as a result of the subdiv ision. The private drivcw ay'road docs not end in a cul-de-sac. but rather branches off to individual drivcwa>s which each have a driveway Icop near the residences. The portions of private drivewav road serving multiple homes is generally only 12-14' in paved width, arul at the point it enters the applicant's property is approximately 1000’ from Spring Hill Road. The private driveway proposed to serve a new residence on Lot 2 w ill extend an additional 1600' into the property, that house will be 2600' or about li mile from Spring Hill Road. Fire Marshal Bill Me>‘cr was asked to comment regarding the access standards required for emergency vehicles. Meyer has indicated the access should be brought up to the Minnesota Uniform Fire Code standards, w hich include; 1) an unobstructed road w idih of 20’, 2) surfaced to support the imposed loads of and provide all-w eather driving capabilities for fire apparatus. 3) for anv segment of private road or driveway serving more than two homes. The City Engineer has suggested that the potential use of the roads be considered in dciermining what road width standard to use, and notes that the minimum width for 3-6 dwelling units would be 24*. The Fire Marshal’s comments and City Engineer's comments are attached as Exhibits I and J. r AppIk^Hon # rs'^^2 9/c I Date Received Amount Paid /WH. oO CITY OF ORONO - SUBODISION' APPLICATION PROPERTY' LOCATION Sitcaddress Sprtn^ht H _____ Propqtyideotificaiiop Number (TO)) . a Please check one - Property abstract or ____torrens? Attach legal description to application. APPLICANT Name /v/Ag V/t Idh/kH yi t3/ OOP a Address City__ Phone (home)^5'A *U7^- ^ J/J , ZmMn Phone (work) OWNXR (if different than applicant) Name M ^ Address City___ (attach list if more than one) EXISTING USE Number of Tax Parcels De\'eIopment Size Present use (check) Present Zoning District Phone (home), _ Phone (work). Ares Dry Land A.*res Wet Land A:res Total, all parcels Rer-denlial; no. of units__/, Other (specify)_________ PROPOSAL ________ Division for Tax Purposes ________ Lot Line Rtarrangcmeni Only (r.o new buildling sites) ^ Subdivision for New Building S.:es Number of Building Sites / ExisUng Units __ g. New. Uniu ^____Tou! Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres _______Sq. Fl Dry BuikJable Land _V4 ____Residential _■ Other (^>ecify)________ 7 7 *<3jj f i ‘ rv •MVt SPRING HILL ESTATES PRELIMINARY PLAT FOR NINA WILDMAN IN GOVERNMENT LOT 1, SECTION 36-118-23 HENNEPIN COUNTY. MINNESOTA iC&At. (Kt:* 9TICM PMCmiSCS Ti*ai pa'I a* Co.tr'T'wnl toi t. la*' U>'^rt.a•a. atitr^Pta at loMs«t . at no'IMattt prp'ttt 1! - nvltt Jl t»ca'>ai *»t lat I. a a-it«nc« o* 582 ■ itj Np ttf . H»» la ■*? Iff . 0> 55 Iff?. N>»ia #»!•».. 9* ii‘* ,.a a»4 I't>.. • an 58 Te«nin-p Ilf, Wj'at 25 p C9.«"»'«''i l«i I. man >j .tf i.n« at tj.p Ca.t"f*-< ft pa n* o< Pl).*.n.'j o' !•# t'otl of ( “ •«i»» 0- t«:a-Pt Ijti 4 / “anotp.n Ctunl.. ia»":f Sjain 0 Ca« Ha».n 52 :: “ •.!»» 5* t«:a-Pt fj.i o a-t’vtt af i5 *5 Itf. l*»-*to H»'ia 15 4.) «• •a-n.iit 5’ t«:»na( {..I a 4 t's*:« .* •58 *2 Iff . I'tn'o Ha- la 5' . *5 ■a.-^io. j* «.;#* at Cati tat------. •< v*a *t'*j tail a.f«iT-»nf laf 15 t 13 trtana. tat* ■4 snt .nj*t at la*' ■f*:* »;'!•• C ttaa'ii ~.f. aia«i loti ta-1 »ati a a t»a ta«*i**:ti iit-a- oi aa i 'ia*f'n»t'i laf l■'T■n na'in *7 pt]**.. am^tfi 1 tacanji »att. aisna t*« ta^m 1 -t of «« j Ca.*"r'a<-i i>t 1 J*i:a*>:# a' 1555 u f««t la tap sj*'*#' e» aa>aCa.f :i'*»t 55 •- t'a-i« it 4*0 ).*t Sann ___ ___ _ , . .r'l*«»ll !J*n«f !»a"C« Nj'in 5 3p)>««t I8a*"''aa *'i itcanat teal. C.'.t ftna*! ;»t I. o J*al4a.-t pi 2*1 *.' i*»l 14 t*# pa "* v*a'f :'4. 14 i-p ft 41 •«* *»»'*“ '* a a*j i"4 «fii i •# »( PP*A| pi 8#5n«*PJ P'fpaaap at ia*t 4«tc>>pi*pn lap ' Sa'tn 15 att'tta 5* ia.a«ltt $« •c«(a l*n» of pp.p c«.0"ir*n« u; at:»nai a»ti I. ttt^npp !p TflTiL mtrntx m- »r«j HBTt I 5 CTT OP tfXrm tUf* > \ li, li! r SPRING HILL ESTATES PRELIMINARY PLAT FOR FOR ^ NINA WILDMAN ' •'»' IN GOVERNMENT LOT 1. SEC^S^N^16-116-33 A / TS'4 A "W WM MlMrP uc« ocscY >*•>• c/ MtMius ••• ' \r * •' ». :». T*«i«ii.» 111 ,, ^ •« f*iir%» . • “ «*• C«vni*ca-i^nc.-a .; •., ....I*..., ...... ,, l.i I. « • «»t fit t.n, .1 i»» tft fa.ti af I, 0» l•<aA«• fsti . *♦•*» Cairanc « l») I. t •!*!• Its ••tr ////______ //I !>!1IU\ ■’ ** =*; *»• c!l; .VIT** •* «t.»».t ,, . ^ s.»;t»ct at ! ■'•* *' / -...................... •••« »* S fSf : i:u- .!■;:•• * !•* ** *• '** €»♦•»#• at .............. t Ma>t». ■» etvttt'ia' *'r:r ......1 n~ti, A«A>m)*- Asta■CTt I i«ACi4*M* • nm erv er c>^« a«n • ( o«t^« la a=33r Lydiard L^kc Parccr . • r . '* ; \‘ V*/-.;»•: i • V— : — i • <•' .'• K'l* ... ’ i ; ,. •* Prepared by Svpboda l-cological Kcscnirccs l or: .lylaiiU DistincUvc lluiiics • , ••. . 5,'^- f!P" \ Welland Classitlcation. y IJwMifirualiiMi. I)elmealioii& Slaking: Services Project No. 2003-326-03 November 3. 2003 f f*riH’itiing ihr Shurp^r idge i/i \utural Re*tHtrrr% tt Ktirimnnu^tal i oniuttintf EcoLdc ICA I. Resources Z*'~ S^i!)nA 'v»l RoaJ • Ex.i' \|N 55J3J jj'» -Okkc • 4*! - ’ .X, SVOBODA ECOLOGICAL RESOURCES______ Providing the Sharper Edge in Natural Resources & Environmental Consulting October 27.2003 Mr. Bob Carlson Jyland Distinctive Homes 201 E. Lake St., Suite 241 Wayzata, MN 55391 RE: SER Project Name: Lydiard Lake SER Project No: 2003-326-03 Project Location: NE 'A NW •/,. Section 36. Township 118 N.. Range 23 W. Hennepin. Minnesota Project Description: Wetland Classiricatioo, Identification. Delineation, & Staking Services Dear Mr. Carlson: As requested. Svoboda Ecological Resources (SER) visited the above referenced prop erty on October 24. 2003 to examine the site for the presence of areas meeting wetland criteria. Criteria for determining jurisdictional woUands are as described in the 1987 U. S. Army Corps of Engineers Wetlands Delineation Manual (19S7 Manual) as required by the Minnesota Wetland Conservation Ac*. SITE DESCRIPTION The subject parcel consists of a home site with a surrounding horse pasture, bordered by hardwood forest. Lydiard Lake borders the parcel to the north, a home site and pasture border to the west, and a state-owned Scientific and Natural Area border the parcel to the south and the east (See Figure 1). The surrounding laruiscape is primarily rolling hills with low-density housing. Maple-basswood forest, small wetlands and lakes are the pri mary surrounding natural communities. ■ ■ METHODS National Wetland Inventory (NWI) maps (Figure 2), Soil Sur\ey of Hennepin County maps (Figure 3) ' 4-.. ■^*-”>ta Protected Waters maps (Figure 4). and serial photographs were review^ pa.*' t- lu, site visit to identify areas that may be wetlands. Areas illus trating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Man ual) and used to characterize wetland types and determine wetland boundaries. Sample transects were established in representative wetland-to-upland transition zones in order to characterize the vegetation, soils, and hydrology of the site. Transects consisted of 2477 Studywood Road • Excelsior. MN 55331 (952)471 1100 • (952) 4714X»7 (Fax) rcprcscnialivc itpUinJ sample poini(s) and rcprcscnialivc uetlar.d sample poinl(s). Information obtained from the sample points can be found on the field data sheets located in AppenJu A. Welland boundaries were marked at the site by blaze-orange ‘ wcilxnd boundary" flagging attached 10 4-fool wooden lath. Where \egetaiion was dense, to assist in locating the flagged blh(wet and edae). a second piece of flagging was attached to a nearby tree or shrub branch The -wetland boundary" is considered to be the topographically highest extent of the wetland basin; areas below the staked boundary met the three required wetland criteria while areas above were lacking in one or more of these criteria Wetland classification followed methods described by Cowardin et al (1979> and used in the N\\ I. coniDleied by the U.S. Fish and Wildlife Serv ice The Circular 39 classification (Shaw and Fredine 1956) is also given. The indicator status of plants, as described in Appendix B. was determined using the Saiional List of Plant Species That Occur in IVetlands - Region 3 (Sabine 1999). RESULTS AND DISCUSSION The NWI map (Excelsior Quadrangle) indicates one smaller wetland basin on the subject propc ,, and one wetland complex (Lydiard Lake) adiycent the property (Figure 2). Lydiard L^e is the oroperty but no boundary was determined for the lakeshore upon request from the client. The smidler*^in in the very southeast comer of the property is mapped in the as a palustnnc ^ wetland with an unconsolidated bonom and a semipermanently f coded moisture regime (PUBF). SER staff classified this basin as a PFOIC w etland type. The Soil Survey of Hennepin County. Figure 3. indicates th.ee soil series on the subject property-. Hamel loam. Hayden loam, and Hayden and Lester Loams (sec figure 3). The Harnel loam senes is classified asahydric soil {SCS Hy-dric Soils of the United States), illustrated with blue crosshatching on Figure 3. Soil scries descriptions are included in Appendix C. The Minnesota Depai^cnt of Natural Resources. Public Waters map of Hennepin county illus-'ates that Lydiard Lake is a state protected wxtland or waterway (Figure 4). SER personnel examined the subject property- for areas mecung jurisdictional wetland entenadunng the site visit. Areas meeting the jurisdictional criteria of a wetland included two sm^l wetlands; one reed canary grass (Phalaris anmJinacea) dominated basin, and one wooded wetland (Figure 5). Detailed soils, vegetation, and hydrology data for the delineated wetlands are prov ided in the data sheets of Appendix A. Basin I Basin 1 is a small reed canary grass dominated basin. It is cer.ually located on the parcel. This deoreaion was no. idenlif.ed by the NWI. SER classified 0-Js small isolated depression as a oalustrine (P) type wetland, with emergent vegeution (EM), and a saturated (B) moisture regime, or a tvpc 2 PEMB wetland. The soils within the basin were hydric. with strong evidence o redo^morphic features and oxidized rhizospheres. The hydrophy-Jc vegetation wiU^ the basm u^ to determine the boundary included reed canary grass {Phalaris crundinac^ FAC W (Polygonum amphibium, OBL). and tussock sedge (Carex stricta. OBL). The upland adjacent to the wcilaiul was a grazed or mowed pasture dominated by Kentucky blucrrass {Pouprutc-.ux. FAC-). Basin 2 2 is a small wooced wetland. It is located in the southeast corner of the parcel. Only part of the basin ^c«rs on tjur subject property. This depression was identified by the N\\ 1 as a PUBF jwllMd. SER deification of this small isolated depression is a palustrinc (P) i>pc ur.land, with wsi v^etation (FO), ^d a seasonally flooded (C) moisture regime, or a type IL. PFO: C wetland ^e soils within the basin were hydric. with strong evidence of redoximorphic fearures ar.d oxidized rhizospheres. apparent on the tree trunks along the basins edge and a Jrifi line of small dwkweed {Lemna minor) was also observed on low tree branches and on t.-ee i-unks. The hydrophytic vegetation within the basin used to determine the boundary included reed ciiarv crass) grttn^yfraxmuspennxyhanica, FAC W). American elder (Wucuscrmoi/emir. FACwl). wtx)d nettle {L^rtea canadensis, FACW), and clearweed {PUeapumila. FAC\\'). The uplar.i adjacent to the wetland maple-basswood forest dominated in the understoiy by common bucktho- KRhamnus caihartica, FAC-). sugar maple {Acer saccharum, FACU). and scattered oak L'ces. CONCLUSIONS SER ex^in^ the subject property and delineated two small wetlands, one centralU located just Muih of the hoim site, and one in the very southeast comer of the parcel. The shoreline of Lydiard lake^ not delin^d upon instrucUon from the client Uiat no development was in:e.-.ded in the proximity of the lakcshore. All of the areas within the delineated wetlanc! boundaries exhibit^ a dominaiKe of hydrophytic vegetation, hydric soils, and wetland hydrologv These two small bMins mwt likely collect enough surface water to pond during high water periods or snowmielt, which results in wetlands in these depressional areas. Pleas* reel fm lo coniact us al (952) 47I-1100 if you have any questions regarding the information m this report. SER appreciates the opportunity to assist you with this prcect and we look forward to serving any future needs you may have. Sincerely. Svoboda Ecological Resources ri i Franklin J. Svoboda. OW'D, PWS GITYormONO MMridpri omctt 27S0 N*y f«lMy Own M 5S3M PO •« W CiyiM Uf. m 5S323^ TO: MikeCaffian FROM: Matt Bolterman, On-Site Systems Manager DATE: November 12, 2003 SUBJECT: Septic Review for Nina Wildman (Spring Hill Estates) The property at 745 Spring Hill Rd is being split into 3 lots. Two of the lots are vacant lots the other lot has an existing house and guest house on it (lot 1). The septic designs w^ere done by Steve Schirmers on October 31,2003. All 3 lots have two septic sites that meet all Orono arid State Septic Code requirements with a minimum of 5 bedrooms designed. 1 recommend approval based on septic concerns. j /f 4 AJ10V4--SiV572fw637 257C6S!) ogpiw or 1. g. r/K gxp.rt.v: 8TAT1 Of mmSTA, CCUKTJf Of ^TefErlS, TC'*:?3r:? C? KDIIA IBE?3AS upon P0tme& of *1* 1^S»1 ' -*-3.-3 vcttrf >>.t own rool otUtt or vho occupy rtil 0 ui/.er ih? :-:oo«»t«tf or proooption low* of tho Cniua Stitci cr vr.icr c:r.*.r-;c*. free (^r>nlc$L C. 5t«U of KlnnosoU within oiiO si> tf ^ rl** of potltloa havinc been first duly ncstti Ir. V.:r-=» *.V.* soit : .:-.c plaeot In Mid town at laast Utnty days kofero any action w »i had in ralatlon tharato proof of which ;cs:in# vas euly rada by affidavit, which said proposaC^tviy tve rr-s -.lls is daic. Ibad and sat forth In srld petition as frllcvs -.r • it: Ooflnnlnc at a point ?r. Sactlcr. Hr.? tf 5v=. T5 a*.l fo^'ZnyiJiSi 36, Township 115, Stria olv-atai ...V. runnlni ----- -- — to cantar of N^rth Vitarf-r. tr/. ........... Una r.: roai. *7 0 7 O —and wharwaa upon raeaivlng sail ;ttl:*.cr. • « ul‘ . ‘.J lr. thlrt.- lays thaiaaftar cake cut a nctlca ar.J •ha.'sl*. w t:*e an- rl»'* *• ----------------------------- - which we would raet ar^ decide ;;cr. aii.-s llrrt'tr- trvlt: on tho 11th day of Koverbar k, Z. a- • "* Vurrhy oa'nlr.| copies of ^ich --•!c« t? •• r • • *» places ins aid town at laast tar. days privic.t :f seat.r * having net at such tlaa ar.: pi::* . •*4 of^-----^-----*”* aatlsflad that the irtllent had at least tan dayr previous to said tlce caused ii'C rttlc- cf tire ar.** place cf to clvan tea 11 the ::r.:a-t» of — land threuf. ^ Cartvay night pass, by lervlr.s *h« aara ;-rscr.tlly or copy left at tho usual place of atcla ef aacr. rf s all rccjpar.ts, ** proof of which U showr. by afrilavlt. ve t: ettrlne paraonally such Cartvay and hear all rasaens :*?r cr agains. oViw*a« U.*' O'Vi'* or, rr U LL -1- iiv liiiihi r, • • «i-tl2U638 laylflg mt tht MM uut teiac of tte opinion that such ^irtvay MO MMOMiy oad propor to tho puUl: Jr.tarest vcul« proeotofi tboro'^i M inaUd Um proytr of sold potltlonars and irumlntd to loy out Mid puhlle Cartvay a o«v^ balnj uar.»c«is«ry ‘oeee*^lBC to tho dooerlptloa In tho o^ld potltlcn ccntslntd. It it tloirofero Ordorod Md Dotorolaod that a public CarUty bo ond tho OMO It horoby laid out and It la hereby S#cl%r#4 to b# a publie cartvay too rodo tho aald daicrlptlcr. abcv- jlvtn bolnf ^tho eurba of Mid Cartvay. Given under our handt thla oUhteer.*.:-. liy of !.ov#rbor ' A. D. 1882. Signed . P. B. CCLSPELD CEO. A. HLISEl Suptr.'itcra C«aTIFtCATS T, Philip SchBlta, Tovn Clerk tf the Tc.r.sr.*.? of K.edlna, Hennepin County, Klnne® ta, do hereby cartify t.v.t tn* fcreering ‘ la a true and correct copy of peget If- ICf of -he ^oa«’ Record Pc«k of aald Tovnshlp. ' Aufuat 17, 19!*$. m,d on e, 2^ d« of *• -2- — , . . •• *'-.4 >'• V*‘ ,r': iy. t: •fc * « - •* .CROSBY-WJttTQM exhibit a <to«:rlb«i ;. JoJui;.”- *“»• ”• '»«'•!-•' C’xr-.;. ■••••-.o-., th# Aor^ixv#s^ corasr af • k K» ' ^if*^?**-* «>•"=« North 0 dogroo* .“j.. iippiH^sfe «»■•«"«>»« e>*.rt.r - -j... ... d.vr.» J4 «lnut.. 51 .ceSr.d. K.,t. lij ' ' '’*• • ” - ” •■id Covorrwent Lot 1, a dlataaco e* *: degrees 03 ninutS 07 H---;' North^7 aoMiula Eaet. e distance of 1S9.42 ''aeti •'- ■--» • ^gc... » 47 ,.„r.d. Ei” . dU?i:.;. •- ••■• ohor?o'f\ak«*'?S4^^2^y‘** ^®"oe northeaeter:-/. a.: f!!® ? -fJ**^* *;y^^»*’d to the north .line of saia c- -t aloni*ehw®”®*g.!?®f^ degrees 16 nlnutes 32 ee:c'^t -'••"‘r’*" "•• •»“«> -li« inSSJ Kh • “ *'•" •’ «•’■-— =- --r.-^7..- tot 1, all in Section 36. TovnshlP lie i- .r— Z “••*.' "irge let ^?vr last, iitfte: ::th »’ ;.55 :iit t, r-7 t;-». r=.tent Vest ?olrt Cotesnclng at the Dorthweal comer of sa'** mj—•-»»■■- :J er 13S.:- ^ _______________^ ^ t^e Iterth 37 4.,r,M 03 mlmXM Ol i '•=!? •^••. ;?• V.?, v¥ r — i •\ k" • • . ■'/.••K.J?«v ■Wti : distaae* of 135.73 ;««t tV th« point of boglnr.ln? ef cmntmr lino to ^o doscribod; thtneo coatii.no I'srt> ^ tZ 07 ooeondo lost • dist.tnr^ ef j 45.63 f«ot| U)oreo IS dogreos 13 lalr.utca 5"» ■oeosdo toot, a distsneo of 256.43 font; thonto ,. ■Inutti 47 -ooconda East, o distaneo zi 139.55 footi thoneo aor^Orly and ntrthwontorly, t dlatanca of 2t4.39 f««t; .alenq a to.tgor.tl a 1 rurvo, coneavo ^ tKa west. ha<^no • radlua of 150.nr) foot and • **^*”^ anglo of ;i2 tfagraan 46 nir.jtoa 47 r.ojo.'.ta; ^aaea MrthWstorly and weatarly, a distancn of :'*.4.«7 too., along a. coi^7-..ad eunra. con'-.***^ to the roTt ’-vont. havi.tg a radlua of :S8.5S foot aao i central «-.rle tf 26 dagrooa 16 olnutos 15 aoOendsj theneo Nort.'i o3 ooconda *ioot, a distar.u.: of "=rth liaa of aaid Morthvci- ^•iorrar Of tho Morthvaat C'-trcar; mtnto Scuth 89 dovreos 4 4 aaconda vaat, a dlatar.ea of 420.CC feat ts eantar lino of Spring Bill Boas, and thajo tort ‘natlngi * dastrlptloh tho aouth lino of arts -.WOrthwat euartor of the J-arthwaat Quarter la a.n.ii.-»- i- ^ ?^ar North 89 dograaa 34 -inutaa 51 r?cor.ls K»st. *• . '.?<» ,■ • . drlvowty aaienant for tho ba.-.aflt of the Pfopdr^irdoacr^bad abova and t.*.a Winaten property (as doerr.;«d balow) Which drivavay aasene.-.t la daacribed as followsi A atrip of land 20.00 fast In uldth actott parto of t'-.e Northwaat Quartar of tha ::trthwaat Quarter a.td Oovrrr.-sr.t I’ lactlon 36. Township 118. Banga 23. :ie.-..-.etir. County. Nlnnaaota. tha eettar lina of said 20.CC f«Jtt strip id dascribad as follows: Cor.-tanclhg at tho .“.rrthwest eornar of oald J.'ort.Vveit Quarter of the Nortrvett Quarter; thence cn a bear.r.c of South, alcng the vast lino of caid .Northweat Cu-rtcr of .the Northwest Q'-irtar. a dlatanca of 759.63 Cent* ^e.ica on a baarlnp if East, .a diata.-.ca of 990.71 f-et; South 76 degraea 41 elnutes 36 ooconda Eftst, a *' dlatanca of 276.40 fast to tha point of beginiiinj cf • ;V tho canter line to ta dascribad; thetca North 1 derruo ‘ <7 02 .Blnutaa 13 aaeor.-s Heat, a dlat;.-ie of 138.IS .fast; thanca North 37 dagreas 03 nlnutaa C" aaconda F.irt. a distance of 135.73 feat; and thara tamlnatlrg. ,.li Per purpoaaa of this deirrlptlon tha aouth Una of said Northwest Quarter of tha Narthweat Quarter la asau-atl tr bear North 89 dagraas 34 -.inutaa 51 sacc.-.ds Kast. Thm Winston property is described as follcws: That part of Korthvasr Quarter (W of tha Vorth.sst (hW %) of Sartion 36, Tounthip US, r.--se 23. lying Southerly of tha following datrri.hod line: Beginning at a point In tha Hast line of aald ::o:t.-vaat Korthwaat Quarter (N*W !,>. d.r.ta.-.t ^59.6 feat South of tha tierthvaat cemar of aild ^rtb^at Quarter (N*-< %) of the Horttwaat Q-iarter f.*V thence North 69*34'34" a dlttanse oC 950.“I feat; thence South 77*07*O2»^aet a dlatnheo'of ..337.4feet to Ita Interaecrien witV thd.Eaat'ilba of aald » ' Mrthwast Quarter (NV Ndrthieat Quaftar (?,V . *. i %) artd there taimlnatlag.. .feZ porpeaaa of t.*!!.' dor .rle- i ' tiOD the^uth line of MlB’MrtlMeet Quarter (rf Jx).bl^ --i OMiaad. to' fce.sr’6er.t^ , * 89 5S 04 Meet. All ereerdli^ to thel>41t«<i States^:. Covemaant Sumy thereof / ■i*»epln Cowiby, ruriiobata.'s c' i.1 • *• r • ■ a M X y. 15 a I 1 s'- i- •;.' •i -2- I <;eserlb^ => ;.v.i5i™i?? iit*i7 '?'?•' °- “*■*»«»•»«« i« g '; uir- “ SPSS's? . dagraa! M th*r.=9 !:-.rth 31 , ».u«. c d.^.. 99 acgr««t 34 mir.utai 31 ■ 741’43 f..* w 1. « di«ti741.43 f««t to tho point of boginning. !”-gy !»? »-.«M. <l..,rlp?io„ co/oniA4nt Let 1, ia aaeuaoi Kj I 35 olputaa 51 •oeonda Host. tho south lin* of Btir boar North 69 dagtata :.. •*. *• . • * • » -..• V r i* -- ■f* *^*o »7 ti«. • % =4- .... .m!-;•y- I? .:=jrtJ7i OtpHtt ' WATC bwb TAX OUE^SMCM: • jU?AUfi3__ iiv-. Dttr__-------------------------- ” T- €0^'- * • / • * • • ^ ’-s . -jT , .; '3»<irr: • •••:.»>;. '>f ‘‘- • o' n, i rOR VALUABLE CONSJPE^PS. -V • and wif __------------Ji— 19«_ 0^.\ /f t •<• W. Ccoeby wd >ilt» r. croooy. ! • hatcby (onv«f W Mi gM«atMto Donald C. WlldT/ia_tAA-l!iXA-iiU5;:.-U>^b » nnd wife ^ • '________ . • _ -------,C- Mniw^rd pnpoty ii = - ’ Hennepin f>«i:7. Mimnoi*. 4 ’S'irT •o*x j Amn .. .-.f ... ■ See legal de«':rlption attached hereto at Exhibit A. ^ The real property transferred hereby is subject to the restrictions set forth on Exhibit B attached hereto. .'ili awr* ««• ■• >«aM. fcjg«thrf «nUt >11 h«rxUtt.’ntr.u>Md eppsBltnanco btlor-pr.] t^anu;. t>j tha reSN-x ‘tij lav Staiemcnts (cv?-e Rea* ^rdpdJtf ■ f'-ff \ffit iJai J Ta% i‘;a.rr I!«?p Thooas M. rtoeby VJ._____ h.;iV • • iifATk‘orfn:.7fT»rA KO ■ ti ■ 1 Monaeftta^ISJ riwT;uiMer;>ie|cr>^^ fwme saeu | enddaw. jR ^^^eWW r: • ■Rbasf.i'.T.'ii-- •• ■ ' ?:':i?.; -vv'^ . v: - t-0'' ■' . .'.v'r-;- ••• Cr08BY*WZtpMM CoilBtT A! .. ! ?f '' SBCtioo 1«, Ter^Bhip :*. ’•» . .....I. /• ._^.. . follflWBt '•ir..j:pV^i:: 2J,-fi;m^p^n ro^lTTnlnnAol^^^^^ fvV ' . C6w»Melng «t th« north-w«st cornpr of uaid Cover'.-*'.-*: Lot It •‘W"®* •o“^h 0 Cogrceo 18 ainutpa 21 uecondo Me**., p1;».-.3 f . j w«»t lino of aaldCovernecnt Lot!), a distance rt 3?2./l • .5^*^ to tho point of beginning of the tract of I-.-fl ccirz• «es-txaedi thence North 37 degrees ' ■• oUnutrs C' Mtrr.Oj .tee., 0 dietence of 4S;63 feoti th-. tcc !:o .» !*. .?tr:s li olnoti..* SVeeconda Best a distance of 1S8.42 fct-.: tre.-.ce north '■ dagreca 41 einutos 47 actondn Eaat, a t.ntrr.ca c! 13».5r feetT thence North 7) degrees 15 rinutes :* .-frr:;'- tc. the ahore'of Late Lydiard; thance •out^« • v_t. I -, .along the shore of Lake LydJard, to tho cant li s if s:-'.d \.-.QOveinr.ent Lot. 1» .thence South Jj; degree a .16 Blr.-.on O ;aecon«.a West, along last aaid east line, a dis-.i-re of t»> *. ’ "{*®^^* ®*’ less, to the southeast corner of riid Csvorr-•mmnt. It WAo^t^K sa *• _ _ _ __ N'l I' ’ Bent Lot It. thence North 89 degrees 34 pinutoc I'. t-ccr.'Js West, along the couth'line'of 'said Cover.“-"ent I:*. 1. z distance of 133S.14 feet to the southwest cornsr 7f riii Coverrj-.ent U»t Ij thence North 0 degrees 19 wir.. -. ts ;; seconds East, along the vest line of aaid Cover*.-:r.t Lot 1 a distance of 741.40 feet to the*point of begir-.-c. rot Lee West. purposes of this description the scuth li 1, is assuBod tu bear North 99 dsgreoa 34liT'* of I 1 ninut'. ‘ 7:vsr-r ; 1 ts.ii •••! to and toc,ther with a driveway easo.-ent fer •r.i. I. >•. of the proparty dascribad above .xnd for the borefit •. r. t Winston property Caa described belcv) which drlvowa- -'!b.-jsis ;k described, as .followst m :V^ll . ' •' !-• vh-• • • -K' •*• : ■1^'i ■ :: ' IW-' .A strip of land 20.Do feet in width across pst.r of t.‘'a ■Nort^st Ouartar of the Northwest Ouartor and ! ;%'or.-.-5nt Lot 1, all in Section 36, Township IIS, P.ingo Z‘. . r-'r-.-.epi.'x .County, Minnesota, .the center lire of said 20.'- *c--, acr'- ia daacribed as fellows: CcBsancing at tho northwest rornoc of aanC Quarter of the Northwest Cuarteri thence -• a .. cf South, along the went line of satd Norr .i LK-»r?vr : . of the northwest Quarter, ,a dintrree of :: .a .fj-. thence on a bearing cf Laai, a distance cf r-stj thence South 74 degrees 41. ninutca .14 see:*f- Ij-s. i distance of.276.40 feet;, .thence North 1 d; -?s' %Z nlnutea 13 aeconda West, a dlstanc* of 11* ' ,, thenca North..37 degree* 03. Blnute.i '*,■» aec--’. -..jat, ? . ••• d'stance of 135,73 feat to'the point of bt n the center lino.to be de&eribad;'thance c:-.lr.-.r Utr;.!. 37 d^reaa 03,Blnotea 07 aaconda* Esot a C, oj ' 45.63^feet; thaneo Worth 13 degrees 12 pi- -.7 necondi Bast, a. dintanee of 150.42 feet; t j-r: ** 47,.f;acon4«‘B«*-*c. a 1. v.:.-.;c cJ 339.93 feet; t^ca r^rtherly'.and njrtlr-*2* « . dletan^p Of•294.-34 feet,>ldbg a tangent.< •*. coaceea to the WMt. :havie^ a faVUur. of 1:..a-.: a cental angle el. 112 tl4r^Weea <.1 rtinutec ■ Trcv.*-i .tbanca northee'atorly and «Matar>y, a dicf---< r feet, aleag a.'ecaentt*nl ewrve, ;^'eoac,ive to L’. Meing.a.radiaa of •5t.S« Jfeeifaiic a cent? i v ‘v. 71 28 dewe U .Inntea 19 4<<6tea; tbiaec - {• * ^ 5^ **®»Bda Waal, a dli-;; —.j *-‘- x:>..aiJ.ll fo^ to; the aortb'l*^.e|f aald Boi i V.: •V ■’>7I * Mm*lrr-r-i-''..-v-,-.vc;^s->- .v 1^- oTri^^ot^sweat Ouartar; thaaca South 19 de«jro«-; einutat')^ ^a'acooda Wast, a dictancn of 430.OC fc- th< cantarvliao^of Spring :nill Road, and th«'« t " - • aouth llaa of sttd Quart-sr la a^«;:t?-: *:fi ' accsr.da Went. 14 ti' I :1 •Vv Tha Ninaton pro^airty. la described aa fcllcvat That.^trt of. tha Rorthwtat Cuartar o* tha Non hvcnt Cuartar'.of Saction 36, Tcwnahlp Il«, Ringo 23, ”ci. j->L m Covnty, Mlhr.aaota, deseribnd aa foI?r.«<ti Btginnirg at tha r.orthwaat corrar of anltf :»ortV-:”'; Ciar'ttfr of tha Ncsthvaat Quarter; thopca r.- a kotrirg of South, along the ve*t llna of Korthwaat Quarter of tha Hcr»>>.voit Quarter, n dl*tarre of 759.€3 faeti f.s ;» cn a brsrir? r.f a* diitanea of 990 .‘Ti* fanzi thenre Ssut:' 7s dejraaa 41 ninutas 36 aabends Taat, a dlatar.oQ si 3!!.43'foot to the eaot lino of aald Korth*/?*.?: Qutrtkr of tha Nort.t>.et: cuartart thane? Jinrt.t 0 'dtiraaa. IS adnutai-31 aaeonds foot alcr.c th.o oz>. ,._v Northweat Quarter cf tha Nor'.hvvns to tha north I'na of aald Northvsst of tha Korthwaat Guar tart therm rtuti. If 44 ninutas 42 aaeondn Vaat along tht r'-ril said Horthweat Quarter rf the nnrth "jx*. to the point of . tlr..-i* g. llr.k of C-Jirtar Q.irtar Cv^^ter for‘feui^’oaaa of this 'Jrstrlption the south llnu \i azJ Jl Korthwest'Quarter of the Kerthwent Qvtrtor i\ .•.-.r to hear North alao. 89 degrees 3.4 nir.utes II aacor.Jr Chat pirttof Coverncent Lot 1, Soctiir. 36, Tcw-i'i*t, lit,. Ps-.ga 23, Ronnepir. Ccvtnty, Hlrrt -ota, dtscz.‘t-J «a follows: .. . etgiMir.g at tha northwaat corr.sr of arid • Pf.t'Lot If thence South 0 dogfiTS 18 'r 21 Parenda West, along the went lira of a^id r.zv-rr- tant Let 1, a diatar.ee of 502. "4 fa«t» thrrjrc Ktfth 37 degrees 03 olnut'es 07 rerendo distance of 45.63 feett thence North 15 dterers l? ■ cinutes 57 seconds Test, a dl itar.ee cf i:'’..l2 feetf,thance North 51 degraes 4S rlnutci <7 .■•4‘:6t.di Cast, a diatance of I'?.55 feet» ther.r? North >71 dagreea 15 ninutas 2‘. cacondn Ea-it t-3 tht shore cf Laka Lydiardi thaace r.crthenatcvly, tlor.g 'the shora of Lake Lydlard to t.*.e north lint of BtldjCevarnnent Lot Ij thanga ITrth 09 i'-.-;r».-ss »5 einutfs 32 aaeenda Uaat along tha north ll-.t of 1 Cciaaldivamnant Lot 1 to tha pr.r.t of l -.-Irnlr:. For purpoana of thia daaeriptien tho BO ihh 3ir-« ni t .vV Cc/eraaept. Lot I, la aastmd to bt?r Korth P7 do-.Tr-r 34 ninot^a'-Sl iaceada Nratf.and %? cf hit , iro'th-:- Qanktax «< dtctlca 3S, tewM 113, .-L—t: i«4uhiR92^ • peUt la ttn (haArtnr of tho t''rt»»nh 753,1 fnnS- font of tho t''rt»»nh Ccrvter {: th of tha anitlhn iBi tcraor t hot IW %) of :%Mi tfortlnru'i ll.-.i cf '.idd vj, e;r •'-*•. o2 c-ilC r •’t9*S4*3i^ iiiM • diothac"! ci r:.3.fi h77*0VO*a« h dLatrhco e? 5J7.4 td. Ifh iAkaraoetlon otth thn £n»t lire c! r-.ld . • ■‘.i. • V«* r ;• .'i-' /•; - ; I ''iv <» J • '.* >/..hV •• 'r —..‘.-.V.-- ’r£v V Hf^®'►Vjr* 1.. . »it. •t ouatt5T. fr • >f tMo »:• ;.;:> Onlt^A ,-•: County, r.lr.*-.T:f . ii fer;’ pi fm . t- . iS ! ■'>!;r,-4,- ;-K.>4v5 V;,;^S cf . *i r.* . ^riii;V;l-V:;M.‘A ■;. I • V •r.' .ITv-; •X 'i- ■ ■ t .’L :.4 - * •■: * •' ■' :i •*■ 'V' • ,1 ■ 'I'-' .. f .• . i . ■■ ■‘M ■-•'If- " • w. i r- tastarn >4r^ ihm dl^ifioii S^^^aik, wssv that th« pr- :««• a a daacri:* tha raatricti'. 1 1, 2009, la] ) only ofia.al.-* _ le) on# of f placftd oh ‘tha idlr.9 th« fac: rosult in ‘a 1 . ich rnatorh Pa.* • and bo for’th:: broporty in L their hairs i- tom Parcel ic «rlptlonotbit..^r I aat forth hb«nr£br _______ bo binding abdn tho Oran^ 1 run with the land. Tha^ai lovai .................................f.?** OoVvnMU ut 1,Tiwa«hlp Hi ^ ;»'c- I* 04 f'* ^’"S* ^ dograe.a^ Jjsoif itaa 32 aac-..-feat; tha^tHorth 1$ da;res S*“* •*n ***‘ ^ I-y**!*?*! a.-: ***• aat forth ^ovo iT^'saw*^ ■”**" knaid r-' Ma ^ a V. ‘ ••• ••• 4 • ■.-r^ •'r;' ■t r.. ,• T. . . •Inii .. . ’ .' Xi y . ‘ • •.. • :-i> . • • • ^yi;\ ■•• ••. ' . -Vjr-*; • ••*■ .*• ••- •• ••• I*i t ■M .: • - ■ ■?'& ■- * ii. .'Aii L-* • aUNDAIEiM IIEKKEPIN COtlNTV PvOI't: 'NimtMATION SYSTEM fRUl'LRTYOW. jJLIST PACE. I M 25linj))0003 morAOM US siiuNGimj.itD OWNFJIHAMB VZAETIIAWN TAXTAVOt VANZAmTAEUZABimiTIIAWN HAMVAIXM USIPMNOinU.IIO WAVZATAMN 3SJ9I )• 25IIUJMOOOS PROTADDA Sll NUAT11 STREAM RD OWNCRNAME DM LARSON A J LLARSON TAXPAYER OAVIU A JANB URSON NAME/AOOR Sll NORTH STREAM RU WAY/ATAMN SS)9I 31 SAiin^iToon PROP AOUR 73S FLRNDAIi: RD N OWNERNAME RCALVUULT TAXPAYER RAYMOND 0 A LUCILLE VMULT NAME/AOOR 73S FERNDALE RO N WAVZATAMN SS39I It 3Riin3i3ani PMPAOOR 31 AOORESIUNASSXJMU OWNBINAMB STATE OP MMNESOTA TAXPAVBI Om OP NATURAL RESOURCES NAMB/AOOR TAX SPRC RIMEAU OP RE MOT SSSLAPAVETTERO ST PAUL MN SSISS 3S 3*nt23]IOOU PROPAOOR 343 SPUNOINU.RO OWNERNAME DONAU)CANRIAWHJMAN TAXPAYER DONALDANRIAWHJMAN NAME/AOOR 343 SPRMO MRX RO WAVZATAMN SS39I 3t 3*IIU323Q0n PROPAOOR 343 SPRMOIRLLRO OW3CRNAME FREDFRICK WMSTON ETAL TAXPAYER FREOERCK WINSTON NAME/AOOR 343 SPRING I HU RD WAVZATAMN SSJ9I 3S 34llt212]W03 FWOPAOOR 333 SPRI40MLLRO OWNRRNAMI PWROTONA EC WINSTON TAXPAVn FREOCUCK WROTON NAMB/ADOR 313 SPRMO HRi.RO WAVZATAMN 33391 31 34IIUJ2300U PROPAOOR 3t AOORESSUNASSIGNEO OWNERNAME STATE OP MINNESOTA TAXPAYER DNR REAL ESTATE MGMT NAME/AOOR ATTN OERME GURTM 309 LAFAYETTE RO ST PAUL MN 33133 tH CO I CERTIFY THATTIF. FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIONOF INFORMATION AS IT APPEARSTTffS DATE ON TIC RECORDS OFTIC HENNEPIN COUNTY TAXPAYER SERVICES DCPARTMENT. TOTHE OEST OFMY KNOWLEDGE ANOBEUEP. date ^£iZz^^ by ..." i^SSRIi Bonestroo Rosene Afiderlik& Associates Cngtnc«f 14 Architects November 11,2003 MikcGeflron Planntng Ditecior Ciiy ofOrooo Post Oflke Box 66 Crysul Bay. MN SS323 Nina Wildman Subdi\iston (Spnng Hill Estates) Plat No. 03-2961 File No. 139-03-000 »| • MMS** C M • » V"*- »l • • M |b»»w« C • Sc-ao" *| . to**-! ? K»*V • . » :->•* • f jvt** »| • S». s O .*o»« *1 « r *1 . VS< »»a M . «»-.>»«»< » »t • V#-« • •o»» »l • 3<> S a Iwtr-M VI • i • A ■'--"•■.e*' »I I i . *jr»t V 1-9 Via . • j». l4> •! • --i-at A *f • af • V V, I .v-t*- »l • t 0».»' « »| • Car » ; »l . na» .♦ Va-tavt H • * i»**A •* • V»«r» J .e—wr • r»* a C»3.a »f • t-c-ai a i>,;ra' *1 • *1 OMwrt t> ti C-OuA Icr-air*- a-i A J->a, VS - V.««.•*« A • :*c<ve i **«iea<aUT«ataf Dear Mike. We ha\T reviewed the preliminary plat for the proposed Spnng Hill Estates subdmston The parcel u currently a single lot with a single-family home. The proposed use is to subdiside the parcel into three single-family lots. The property is served off of Spnng Hill Road \ia a combination of public road and dn% ew ay easernen’j. We have the following comments m regards to engineering matters. • The city attorney should review the legal issues related to the existing and proposed access to the s;:c. • City code requires a minimum nghl-of-way width of 50-feet and a minimum paved street w idth of ^■i-feet for a pnvate street serving 3 to 6 units. If the access serves more than 7-units the mnimum paved sn’eet width IS 28-feet. The proposed access would serve the proposed 3-Iot subdivision and at least an addinonal two adjacent parcels for a total of 5 units. The existing access does not meet the minimum nght-of-w ay or street width requiremenu to servx the properties. It also appears that there is the potential for furiher subdivisions at sometime in the future. The city should review the future potential subdivisions and possible densities to determine the appropriate street width. • The proposed cul-de-sac is approximately 1200-feci long, city code slates that the ma.ximum cul-de-sac length shall not exceed 1000-feet. The drivew ay to serve Lot 2 from the cul-de-sac to a building site on Lot 2 would exceed 1000-feet m length. The result would be the creation of a pnvate rcaddnveway to serve Lot 2 that approaches a half-nule in length from the nearest publie street The city should review and comment on the lengths of the proposed accesses • Plans should mclude storm water treatment provisions. • Plans should include temporary and permanent erosion and sediment control measures. • The plat should provide drainage and unlity easemenu 5-feet wide along intenor lot Unes and lO-fee: wide along exienor lot lines. Drainage easements should be provided over all wetlands, draiiuge ways and ponding areas. • The fire chief should review and comment on the access and proposed cul-de-sac configuraiion. Please contact me at (651) 6044863 if you have any questions regarding this nutter. Yours very truly. BONESTROO. ROSENE. ANDERLIK 4 ASSOCUTES. INC. Tom Kellogg S5IIJ • 6SI-636 4600 • Fax: 651-636-IJIt CITYOFORONO FifcManhal November 10,2003 To: Milw Gaf&oo, Plannifig Director From: Bill Meyer, FM Re: PropOMd 74S Spe«Bf Hil IM saibdivisioa Mike, My review of the above mentioaed subdiviskm found that the existing roadway, as cooHnicled, would not be adequate to support fire operations in this area. This aiea of Orono has no water supply (fire hydrants) so that any fire emergency at any of the properties would require access with multiple tankers and pump vehicles. I’ve enclosed a copy of Minnesou Uniform Fire Code, Chapter 5, Section 503 that addreaaes miniinum type, width and surface for file department access road serving more than two buildings or properties. If you have any questions, please contact roe. ChaplirS FIRE SERVICE FEATURES SECTION SOI QENEIIAL 501.1 Scapi. Fire service features for buildings, structures lod premises shall comply with this chapter. SOU Nrmka. A permit shall be required as set forth in Sec- uons I0S.6 and 105.7. SOU CoaatnicthMi Oocmiienli. Construction documenu for proposed Arc apparatus access, location of Are lanes and con struction doounents and hydraulic calculations for Are hydrant systems shall be submitted to the Are department for review and approval prior to construction. SOM Tlmfaig of imiallalloti. \Mien Are apparatus access roads or a water supply for Are protectioa is required to be in- sialled. such protection shall be installed and made serviceable prior to and during the lime of construction except when ap proved alternative methods of protecuon are provided. Tempo rary street signs shall be installed at each sueet intersection w hro construction of new roadw ays allaw s passage by vehicles in accordance with Section 505.2. SECTION S02 DEFINITIONS S02.I DeSnltloM. The follow ing words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings show n herein. FISE APPARATUS ACCESS ROAD. A road that provides Are apparatus access from a Are station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as Arc lane, public street, private street, parking lot lane and access roadway FIRE COSL\UND CE.XTER. The pnncipal attended or un- anended locauon w here the status of the detWtion. alarm com munications. and control systems is display ed. and from which the sysienUs) can be manually controlled. FIRE DEPARThlE.\T MASTER RET*. A limited issue key of special or controlled design to be earned by Are department officials in command which will open key boxes on speciAcd properties FIRE LANE. A toad or other passageway developed to allow the passage of Are apparatus. A Are lane u not necessarily in tend for vehicular traffic other than Are apparatus. KET* ROK. A secure, tamperproof device with a Inrk nymahh only hy ■ Am dgittmeat iMster kqr mnd ermtMitiimg tnij||lin| entry keys and odier key s that may be required for acceu is an SECTION 503 FIRE APFARATUS ACCESS ROADS 503.1 Wbere required. Fire appa.ints access roads shall be provided and nutnutned in acccriance with Sccuons 503 I I through 503 1.3 503.1.1 SttHdings uud fadlidcs. Approved Are apparatus access roads shall be provided for every facility, building or portion of a building hereafier constructed or moved mto or wiihm the junsdiction. The A.*? appa.*anis access road shall comply with the requirement of this sccuon and shall ex tend to w ithin 150 feet (45 72C Tjn I of all portions of the fa cility or any portion of the ev.enor wall of the Arst story of the butldmg as measured by a.*, approved route around the exterior of the building or factety Exception: The code officul is authonred to uicreave the dunenston of 150 feet *-5 720 tnmi where: 1. The building is equ:pred throughout with an ap proved auiomauc sprjuier svsiem installed in ac cordance with Secten 903.3 I 1. 903.3.1.2 ot 903 3 13 2. Fire apparatus access reads cannot be installed due to locauon on properry. topography, waterways, non-negotiable grades or other s:milar conditions, and an approved alisrutive means of Are protec tion IS provided. 3. Therearenoiir.orethictwoCroupRJorGroupU occupanciev 5Q3.U AddithMial access. Tee code ofAcial is authorized to require more than one Are apparatus access road based on the p^nlial for impairment of a single road by vehicle con gestion. condition of terrain, chmauc conditions or other factors that could limn accev. 503.U High-piled storage. F-.'f ;men: vehicle access to buildmp used for high-piled cocbusuble storage shall com^y with the applicable previsions of Chapter 23. 503J SpccUkalloas. Fire appa.*irjs access roads shall be in stalled and arranged tn accordrtce wiUi Sections 503 2 1 through 503.2.7. 503J.1 Diamdens. Fuv apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved secumy gates u: accordance with Sec tion 503.6. and an unobsuucted vetucal clearance of not less (ban 13 feet6incbes(4ll5Rr.> 503JJ Aatbortty. The code cfAcial shall have the author ity to require an increase in the minimum access widths wbere ihQ are inadequate for 2rc or rescue operatioos. StSJJ Sffbee. Fire apparana access roads shall be dc- itgoed and maoitained to suppert the imposed loads of Are appvaftis and shall be lurfked so as to provide all-weather Ariviag capabilities. IMItRMATniMAPMtl sax4-mj nME K^ICE FCATUNCS r«dltt». The required luminf radius of a ni* apparatus access road shaJJ be determuted Iw the code ofnctal. SQJJJ Dtad ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be prosided 'Mih an approsed area for turning around fire apparatus BrMfH aiid eksated anrikei. \Mjere a beidge or an eles aiad surface is part of a fire apparatus access roMl. the bridge shall be coostructed and maintained in accordance Standard Speaficarion for Highway Bridges. Bndges and elesaied surfaces shall be desined for a b«e load sufficient to carry the imposed loads of fire aooa. ranu. Vehide load limits shall be posted at both coiimKcs 10 bridges »ben required by die code official ViTiete elevatedsurfaces designed for emergency sehicle use arc adjacent to surfaces »nich are not designed for such use. approved bar riers. approved signs or both shall be insiallcd and rnmn- lamed uhen required by the code official *•^7 Grade. The grade of the fire apparatus access road shall be within the limiu esuMtshed by the code nWtnii based on the fire department's apparatus. S953 Marfciaf. Uliere required by the code official, mmoved signs or other approved nonces shdl be provided for fire appa ll access roads to identify such roads or prohibit the ob»^- Ikio thereof Sigru or nonces shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility 501.4 OBalnictioa of Bee appamiiu accesa roads. Fire apparatus access roads shaU not be ohstructed in anv manner m- eluding the parking of vehicles The minimum widths and clearances established in Section 503 2 I shall be maintained at all times. SB3J Re^nd talcs or barricades. The code official is au- ihoriaed to require the installation and maiHi*n«nft of gates or other approved barricades across fire apparatus access roads, orh?^?**”n« including public streets, alleys 503J.1 Scewtd fates and barricades. Vihen required, gates and barricades shall be secured in an approved man ner. Roads, trails and other accessways that have been closed and obstructed in the manner presenbed by Section 503 5 shall not be trespassed on or used unless authonacd by the owner and the code official. EacepChM: The revtnction on use shall not apply to pub lic officers acung within the scope of duty. f sccunty gates are installed, they shall be maintained and an approved means of emeriency oner- ation shall be provided and maintained ap7a.*atus access roads to exterior openings shall be provided w„en required by the code official. 5BU MalBletnKt of exterior doors and openings. Exterior dcc.T and their func^on shall not be eliminated without poor ap^ il Extenor doors that have been rendered nonfuncUonal ar.. •-Jt r^n a func::cnal door extenor appearance shall have extenor side of the door widi the words TWs DOOR BLOCKED. The sign shall consist of letters hav • in? i principal stroke o.'not less than 073 mch (19 1 mm) wide aiu. a: least 6 uicbes 1152 mm) high on a contrasting back* grr.j:d Required fire depanmeni access doors shall not be ob- iT-c^ or eliminated Exit and exit access doors shall coropiv w:_ Chapter 10. Access doors for high-piled combustible stor age Shan comply wi± Section 2306 6 I 5ttU Steintay accaaa lo roal New buildings four or more stcr.es 10 height, except those with a roof slope greater than fe-.* vertical ir. :: units honaonul (33 3-percent slope) s^ be provided w;± a stairway to the roof Such stairwav :e marked at sceet and floor levels with a sign indicatini Ihat '.-esuirwaycocusuesiotheroof Viliere roofs are used fw roe: ft-dens or for o'dser purposes, stairways shaU be provided as .tc jired for such OKupancy classification SECTION 108 PREM»E8 IDENTIFICATION W.I Address mimbers. New and existing buildings shall have ^proved address numbers, building numbers, or ap- prove, budding iden=.icauon placed in a position lo be plainly lepr.e and visible frea the street or road fronimg the propenv There numbers shall contrast with their background Address nu= w shall be .Arabic numerals or alphabet letters Numbers :e > n^um of 4 mehes (102 mm) high w nh a minimum Mrcii width of OJ iceb 112.7 mm) 5K2 Street or raad sign. Streets and roads shall be idenufied w re: ipprov ed signs Temporary ugns shall be instaUed at each «ree: uuersecuon whrs construcuon of new roadwavs allows pas>a;eby vehicles Signs shall beofan approved sue*, weather tesirua; and be mainuized until replaced by pernunent signs 8ECTI0N504 ACCESS TO BUILOfNQ OFIMNOS AND ROOFS 504.1 Required acem. Extenor doors and openings required by this code or the Iwmattonal BmUing Code shall be mam- tamed readily accessible for emcrfcocy access by the fkt de< panmeat An approved access walkway Icadug from fti« SECTION SM KEY BOXES 506.1 Vth^n required. >Miert access to or w ithin a stnicture or an yra is restncied because of secured opemngs or w here im- rotate access is necessary for life-uving or fire-fighting pur* posf I *e code officul is authorized to require a kev box to be msiUed in an Kctisible location. The key box shall be of an “ required 5011.1 Udu. Ad approved lock shall be installed on gates c: smular bamen when required by the code ofrlcial. yyittr Vw MlMWMCT. Tl» oimta. of ihc bo.kl»| IS: "‘.y- Th. .0 .^Mocs > MTMUTIOIMI. PMf COOW mymi ymtmhTlWrnS Patti tTY DM* AppUcatkNi lUcchcd: 10-224J Date AppUntloa CoatMcrtd t> CMpIcte: l»-22-«3 M-Day Rctici* Pcrkxl Eapim: 12-21-M Chair Smith and Planning Commission Members Ron Moorse. Cit> Adniinisraior From: Date: Svbjcet: Janice Waataja. Cit>- Planner November 14,2003 03-2%2. Robert and Jeanne Swiiz, 1740 Shady-wood Road - Lot Area, Hardcover and Saructural Coverage Variances • Public Hearing Zoniag District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District (*/j minimum) 0.47 acres (20.624 s.f.) 120 feet Application Summary: Applicant requests the following variances to constrtict a new hon.e: 1. Let area variance to allow a rebuild on a lot which is 0.47 acres in size when 0.50 acres is normally required. 2. Lot coverage by structures \ ariance to allow 19?o structural coverage when 15% is normally allowed. 3. Hardcover variance to allow 44*i hardcover in the 75-250’ zone when 38.8®/« currently exists and 25”/o is normally allowed. Suiff Xccommandation: Staff rcccmmendaiions the following: 1. Approval of the lot area variance to allow a rebuild on a lot which is 0.47 acres in size when 0.50 acres is normally allowed. 2. Denial of the lot coverage by strucrures v^ance to allow 19*/® structural co\ erage when l5*/o is normally allowed. 3. Denial of the hardco\er variance to allow 44% hardcover in the 75-250* zone when 38.8V® currently exists and 25*1® is normally allowed. Pertiaent Zoniag Ordinaace Seelioos Sec. 78-350. Area, height, lot width a.-.d yard requirements. (b) Lots The following minimum requirements shall be observed: La«Ar«a(®crt)j Lot W i4iib(fec0 j Free: Vinl (Fer.t S<4e Yard (Cect)Rear Yard (feet)Stdc Yard Ad>a(ciM u> Street (feetl •J 100 130 ' 10 30 IS Sec. 78-1403. Lot coverage. In all zoning districu. for all lots of 0-1.99 acres in total area, the total combined footprint areas of all priiKipa] and accessory structures shall not M3-29f2 N«v«abcr 17.2M3 Pact 2«r7 exceed 15 percent of the lot area. E.xception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. Sec. 78*282. Lakeshore hard cover and land alteration regulations. In any LR*1 A. LR- IB, LR-IC or LR-IC-1 district, within 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporary or permanent structures except as permitted under section 78-281 Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 feet to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 feet to 1.000 feet of the shoreline, there shall be no greater than 35 percent hard cover. Sec. 78*1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed wi^n 75 fwt of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) 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 OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1.000 feet of the OHWL there shall be no greater than 35 percent hardcover. LbtofExhIbiu Exhibit A - Application Exhibit B - Adjacent Property Owners' Acknowledgement Form Exhibit C - Existing and Proposed Survey Exhibit D - Existing Footprint Exhibit E - Proposed Footprint Exhibit F - Hardcover Calculations Exhibit G - Elevations Exhibit H - Floor Plans Exhibit I - Aerial Photograph Exhibit J - Drawing Showing Building Pat at 15% Exhibit K > Plat Map E.xhibit L - Property Owners List Background The applicants have bought this property under the contingency that the appropriate approvals are received from the City. The current conditions on the lot consist of noncoriformmg hardcover in the 0*75' zone and 75*250' zone. The applicants are pro^sing to tear dmvn the existing home and construct a new home completely within Je75*2p0 zone The applicants have also agreed to remove the existing boathouse. In doing t^s, a standard lot area variance and a hardcov er and structural coverage variance are still required to construct the proposed home. The applicants have met with staff to discuss their proposal and what the City consistently requires with rebuild situations. The applicants are aware that the hardcover r ■•03-2W2 Nwtinter IT. MU and structural coverage proposals are excessive to wiiat has been consistently approved vkith rebuild situations but have decided to mc >e forward without any re>design. LOT ANALYSIS WORSHECT Lt AreaAl ’Mtb* LR-IC Lot Area Lot Width Required 21.780 s.f. V/2 2cre)100‘ Actual 20,624 s.f (0.4-acres)120* SHiaeks! LR-IC Required Existing Proposed Front 30* na n/a Rear 30* j ^*36* Uf) Side 10*9*15* Right Side 10*:-)•10- Lakeshore 75*(0* (house) 55* (deck)75* Average Lakcshore 52* ! 53-75* (not including any decks) Straetaral Caveraae; Total Lot Area Total Structural Coverage 20,624 s.f. (0.47 acres).\llowed: 3.094 s.f. (15%) Froposed: 3.895 (I9*/o) Hardcover Calcalatioi! Hardcover ZOM Total Area la Zone 1 Allowed 1 Hardcover 1 Eibtiog ' Hardcover Proposed Hardcover 0-75 9,200 s.f tOsf i (()•/•) 1 2,050 s.f* 1 (22%) Os.f (0*o) 75 - 250 11,424 s.f 1 2.856 s.f 1 (25%) ♦ 4.428 s.f* 1(39%) 5.027 s.f (44%) 1 • After exclusion of fabric or plastic-lined landscape beds m-im SMCMber r. 2«3 r»g«4»r7 Lot Area Variance The applicant is proposing to tear down the existing home and rebuild a new home. Because the lot is only 0.47 acres in area when 0.50 acres is normally allowed a lot area variance is required. The lot meets the width requirement of 120 ’ when 100* is required Hardcover Variance Currently a large home exists within both the 0-75 ’ zone and the 75-250 ’ zone The applicants are proposing to tear down this structure and rebuild a new home entirely within the 75-250 ’ zone. The applicants have also agreed to remove the boathouse near the shoreline, therefore no variance is required for the 0-75 ’ zone. However, theMW ^nuiciiiK. uicreiare no vanance is required lor the 0-75 zone. However the applicant is proposing a 3.895 s f. home. 72 s.f. of walk, and 1.060 s f of dri’vewav in the 75-250 zone which puts the hardcover for the zone at 44*i requiring a variance Lot Coverage by Strvetures Variance The applicants arc proposing to tear down the existing house and rebuild a structure 3.895 square feet in size. This figure doesn’t include any second story decks This proposed house footprint puts the lot at 19^i structural coverage when 15"o is allowed thus requiring a variance. The existing house meets the 1 5% structural coverage limit. Hardship Stalemeat Appl icant has prov ided a brief hardship statement in Exhibit A. and should be asked foi additional testimony regarding the application. Hardship Analysis Staff finds that there arc no viable hardships to approve the hardcov er and structural coverage vanwees as proposed. Staff would consider supporting a hardcover variance due to the I®' the need for a driveway tum-around however, not applicMts to re-work their proposal to allow for a minimal driveway, front walk and some decking or patio. The applicants have been adv ised that staff is not entirely opposed to a hardcover variance hovvev er the proposal needs to be rc-worked to a hardcover percentage much less than the proposed 44%. The a^licants arc also proposing a variance to allow I9® b structural coverage. Staff advised the applicants that variances to this requirement are hardly ever granted on r •03-:%2 Nmcmbcr 17.2003 Pat* 5 or? rebuild situations. Staff wll hold to this suggestion as new homes have consistently been held to 15%. No hardship exists to allow structural coverage in excess of 15®/'o due to the allowable building pad of 3,093 square feet as shown on Exhibit J. This is more than double what the ordinance allows for in particularly sm.ill lots where a minimum of 1.500 square feet is allowed. Staff w ould support a lot area variance as this is a routine variance which is required with rebuild situations where the lot doesn't meet the area requirement for the respective zoning district. The lot is a legal lot of record w hich requires approval of this v ariance request. Staff would laake the following recommendations in regards to the criteria for “undue hardship’ pertinent to this application; 1. 5. “The property in question ca.nnot be put to a reasonable use if used under conditions allowed by the official controls." A reasonably sized home could he placed on the lot meetini; all requirements. The plight of the landowner is due to circumstances unique to his property not created by the landowner.” There are no circumstances unique to this property which would justify' granting of the variances as proposed Staff has indicated that a hardcover variance could be explored due to the shallowness of the lot and the need for a tunuiround but 44% is excessive to what has consistently been approved with rebuildsituatior^. as is the 19% structural coverage A reasonably sized home could he constructed on the lot meeting all requirements “The variance, if granted, will not alter the essential character of the locality .* The nature of the lot at shown in Exhibit / is smaller lots with modest footprints and 2-2 story homes This house as proposed may alter the essential character of the LR - IC zoning locality along Shadys<ood Road “Economic considerations alone sha!' not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoi.ing Chapter." The applicant has indicated that her older parents would be moving in w hich causes the need for a larger house. This lot fits within the applicant s budget however, staff feels that this lot cannot support the amount of hardcover and structural coverage the applicants feel they need “Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd, 2. when in harmony with this Chapter." Xot applicable 6. “The Board of Appeals and Adjustments or the Council may not permit as a r 8. my2H2 NcMaktr 17.2ttl Nct«*r7 variance any use that is not pcnnilted under this Chapter for property in the rone \%here the affected person’s land is located." Ab/ applicabte "The or Council may permit as a variance the temporary use of a one*family dwelling as a two-family dwelling." Sot applicable "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." There are no special conditions applying to the stmeture or land in question Hbich are peculiar to it or immediately adjoining property Staff had indicated that a hardcover variance may be warranted but not to the level which the applicant has proposed 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." Many of the lots along Shad^wood Road and throughout the lakeshore are substandard as they currently exist The Ory has consistently required that at the time of rebuild the property should he brought as close to conformance as possible 10. -The granUng of the application is necessary for the preservation and enjoy ment of a substantial property right ci'tlic applicant.” The lot can be reasonably developed as a single family home The neeils of the applicant may be beyond %% hat this lot can support 11 . "The granting of the proposed variance w ill not in any way impair health, safety, oIde°-^ ^**^^*^ ^ contrary to the intent of the Zoning The granting of this application will be contrary to the Intent of the Zoning Code and be contradictory to standards of which rebuild situations ha\ e consistentlv been held to. ^ 1 2. ‘The granting of such variance will not merely serv e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difTiculty ‘ The granting of this variance will serse as a convenience to the applicant and is not necessary to alleviate demonstrable hardships luues for Considcratfon 1. Is a 3,093 (19-/i) mure foot home reasonable for this lot when 1 5% is the limif^ 2. UTiat level of hardcover variance might the Commission consider if any? 3. Are there any other issues or concerns with this a^iplication? Stair RcconBMadalioa Staff recommends the following: ■U-Ml bwr.stu ratt7«fT 1. Approval of the lot area variance to allow a rebuild on a lot v^bich is 0.47 acres in sue when O.SO acres is normally allowed. 2. Denial of the lot coverage by structures variance to allow 19% structural coverage when 15S is normally allot^. 3. Denial of the hardcover variance to allow 44% hardcover in the 75-250' zone when 38.8% currently exists and 25% is normally allowed. ______i EXHIBIT A CITY or ORONO - VARIANCE APFUCATION Initial Application Fee S250.00 (SSO.OO per each additional v*ariance) Renewal Variance Fee SI50.00 (no change from original applicatioo) Variance for ixm-confbrming atructures S250.00 After-the-Fact Fees (Double application fee) Application » Date Received Amount Paid 3L ® FROPERTY INFORMATION . Site Addresi \^^0 SVxoLei.^Soolca Property Identification Number (P.LD.t au Cero Attach legal description to application if not included on required sur\cy. Date Property Acquired__________________________ I (do) (do rmt) also own the Present use*>f p Zoning District:. jacent parcels of land.__ lie ^jac Present use of property: ✓^dential o ther (specify). .(mon ’Vyear) APPLICANT-----5 - . ^ , Phone (home )_gS~A» HOL ■ Oi 3~? JO pgr C Phone (work) ■ q 1 . o Address:yrq^g^"^.>t^g^ City: SV%org.Lg>rvN.^ Zinr » OWNER (if different than applicant) * Name '774-eitViA ^ ^ i t 1«Address: I "la r\ Phone (home ) i/7 JtAiAs/SajrPhone (work) City:_OrortQ ^ lArvj Zio: SiTUl DESCRIPTION OF REQUEST Estimated Construction Cost S C. !TO. ooO An Describe request in detail: o-f- (attach additional Iheets if necessai>’)' VARIANCES REQUIRED X Lot Area ____Ut Width Setback: __Front ___Side Other (specify)_________________ Hardcover __Rear )^Lot Coverage Average Lakeshore HARDSmP/DESCRIPnON OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or pracUcal difficulty or unusual propem conditions preventing compliance with Zoning Code requirements. LoV cta# >fff A vn J -^ke. 1<j4- *15. cOiAe. V»cr(- via iAfpU-, ^ ^ i- V\^cLal^p 4-ra \ CJC^ik (attach additional sheets if nd^ar>) «7>-o 1. 2. REQUIRED SUBIVOTTALS ^ w* —tlllir iitr I.......... JL Completed Application Fora obtain this P*** ">*P Cyou must Govi Center. 348-5910). ^ County Department of Finance. A-603. repnxluctioa ®“ «) «>Py »y.- x ll" fc, M pissed. JL Sketches or plans of floor & elevaiit>n reproduction. JL List of the I^al nantes^Ltdl^”,"^^^^ property. This u-ould include name(s) of tDolicantrlwr^ * *" _ As «i addendum to this you Hish norified of this^hcalioiL^ »ep«rete list of any other persons — Additional items as may be requested by City staff. APPLIC^'S SIGNATCRE Adaiautraor. agreq’'» idditiS^'n^uesied by the Zoning SSr.SS^„t'E~;'£KS “ ~ ^ 5. 6. 7. 8. Applicant's Signature OWTVER’S SIG.NAT D»le i2>c4-. 18 a. OWTVER'S SICNATGRE rr‘~'-^^2s==^ - luve an authorized agent auend in you: nlaz. aJd 1^7!!? .? =*• "rangemenU to change prior to the meeting ^ ®“>M'»g * Zoning Office of this ' - Ifu •3. A r EXmBITB Adjaccat Propctly OwMn* Ackaowicdgcaicat Form * ^uiuj of nso SX/Anyi^ff^^p (print mme(s)] [print addiSs] ^ plans for the proposed improvement or proposed use of the property located at —17Y^. SnhU/iKiiP^ referred to as Land Use Application No.____ I (we) uxidcrstand tl^ in executing this acknowledgement. I (we) am (are) not asked to declare Date acr /j> Owner .Oct /y a///?? Date I (we) t. k^iJicVcy (print name(s/] of l7Le» »A [print address] have revi^ (he plans for the proposed improvement or proposed use of the property located at ,>7Hf ____«lso referred to as Land Use Application No.________ or use Property Owner erg-if ZOCfS Date Property 0\^iier Date If you have any information that may assist die City in the review of this Land Use O'®'* “ ‘0 «'*>• P"“ rr ••• CxiSTflG Mout-e .'ff 3* ; - '.• ® I \ scale in feet - CCSTMC £«^)T CLCVATION *(999 0). PRCrf»OSCO SWT ClCVATKM - 0*:iCTON S»fACC ORAMACe \ L V \ \ \ n* '- CnST HOUSE * 26«S ST STEPS - 140 V WALK - 68 SP ORrve - 1200 sr LAIOSC - 335 ST total - 44.6 ST (38 9!;) HARDCOVER - 2958 5^ MC ALLWO PROPOSED HOUSE • 3895 SE WALK ■ 72 sr 0«JVE - 1060 sr total - 5027 sr (44 OS) €ASr 125.46 0-75 • 9200 sr <An *r '252 ? proposed • j’s V LAIOSC - 560 sr total - 2050 sr (22 3S) OESCRPTON; . ' LOTS 14 6t 15. E-AC-ADOO. KW CO. MN. 20ECC ST 0 47 AC po < i7-ii7-::-2*-:o2o ADC8£S5 ■ 174: Sh :;'ac CD RO a O to to EXiSTiN<f (ANDiTWAfS footprint, 4n'vt, 4 woll^ proposed r EXHIBIT F HA9CQVIB CALOXAIION « t*<wi)(>5> iMtr a Omt C M««war 3l k a fi—Ptt r. Wrn a o*«/4.0 TOTAL MAftOCOVOl IN ZOVE total mOrEXTY akea in zone A_____________- • __________ A ___________ “ ft____ 1 100 I 100 nc|M|X||jlAlBCBVlL& A. How* ____________ Owf Dfivfwmy D SutewOi E. Pidc/DkI L'cAirtu ByftlMie t4 O IU«DCOVn IN ZONT TOTAL nOfUTY AREA IK ZONE A _____________ ♦ ft ____1 ItO SF IF IF SI S.F ,iF El ^70 SF ______SF SF SF SF 3-70 -i?3K SF. .SF S. SF SI SF ,sr . sr SF SJ SI SF SF SF ^70 SF”5522^ SF 4iO '____SF f l4«Ar L«c«^s«- * »r» # o r ' ** HAWCOVUCUXX’ KIBACKKIIIt fCUMXIONI) •■tf’ WOMtBIBCT XfefeS sr A C OlHtwtr e. Sttep TOTAL HAAOCOVER IN ZONE total rtorairrv akea in zone A_____________• B __ A_____________• B__________ ■ too 1 100 ULXBlIKQmLJBJfiStHmm ____________ Oiiv«««y tMg, . no ACfc>o£._ 34» E. Pmo/DkE tctetaic ByPlMk C 0*w TOTAL HAIIOCOVEII IN ZONE TOTAL rBOKBTY AMA IN ZONE A _____________ ♦ B ____t l«0 - IF SF IF »2og ________ SF _______SK SF SF JOS if 23fiLSF _________SF 4402- SF. SF % SF SF SF ta(>c>srsr 12. S T _____SF SJ SE SF SF SF jm.SF .1* Vic-S T.oVi<- # o/d' 'C5> 0*«a A AH a .«»KV • 7.<a Twrszr-.—.. •. M «• pycm Et^VAnOii u lb M»47i4tt« To.Ot,.fOrcr. Oota tMliaon Tim, »orum Q«t II OB 00sOBa Cliptacsn* H. KtOan •BB*«40-B1B4 ^ogoSers 0-1 y—a—ft A U "n m I I 'l:\U Mm nc«n dM E»iKMfSa CnnnaifHCMVnmacCK -u.i: im u- t.-j - •- • ' 4,i .* r t -•• • ^ :-,^ /•' ti 4- *‘i; ^Ir '«' jM** -j^*' ;:• it. : f . #.iV. #•>• J #f#' It i ' ■■ f-y'm- '-^^i.i *"»! r •/. » r- MMIMlk.H <1 M m 1723210002 nurAOINK JO A0UHI3SUNASSIGM1O OWNatMAMl AAOnNULSTCM TAXTAYEK AimiU* A OONJTHV nNKOJCTON MAM»AOIM OOMIOnilAVeN MAnXtiMTVCMN SUM HENNEPIN COUNTV PPOf r- INI OKMAIION SVSTI M PR(jri;RIYOWf<LkSI.IS*r PAGE: II I7II72J2IOOOJ PHOPAOM JO AOnUiaSUNASSIGNEO OWNCItNAME AAOHMCEtSTEM TAXFAVEII AATHUBADOAOTUYRNKEtSItlN NAMtVAtXM OtU lOtTlI AVG N MAPLE CnOVEMN SSJM )• I7II72J2I0003 PROPADM 1719 ^ATtLENESSPOINTRO OWNER NAME LAUREEN E OARUNG TAXPAYER LAUREEN EDARUMO NAMtMUOR 1719 FAOERNESS PORa RO WAY/ATAMN SSJYI M ITIITJUinnk PMW AINJR Nl AIMIRI:AK UNAXARMUI OWNERNAMG IffiNWVINPORPnTFJIUNO TAXPAYER mYOPOROHO NAMG/ADUR POROXM CRYSTAL IIAYMN UJ2J JO I7II72UI00I9 PROPADDR 1720 SIMUYWOOORI7 OWNER NAME ALANRR029CKY TAXPAYBJ ALANRIUNDCKY NAAIC/AOOR I730»IAOYWOOORO WAY7ATAMN SU9I 30 1711721210022 PKJPAOOR I7M SIIADYWOOORD OWNER NAME DAVRJ H FJSS A MOLLY M ECB TAXPAYBI DAVR7 HA MOLLY MESS NAME/AOOR I7MMIADYWOOORD WAYZATAMN UJ9I PRUrAIIUH M AIMNUAS IINAVSkiNl II OWNER NAME IHINNFPM RJRn JMID LAND TAXPAYER CfTYOFORONO NAMli/AraM POIIOXM CRYSTAL DAY MN S5J2J n I7II72J2I0020 PROPADDR 1740 SIIADYWOOOMt) OWNERNAMB TOAMLSWANSON TAXPAYER THOMAS DA MARK YNLSWANSON NAMI/AOUR 1740 SiUDYWOOL RD WAT/ATAMN SSJ9I JO I7IIT2J2IW2J PROPADDR 1770 SMADYWOODRO OWNER NAME DANIEL P ODONOG) lUE ETAL TAXPAYER DANHELPOOONOGIIUE NAMiyADOR I770SIUOYWOODRD WAYZATAMN SSJ9I W miTliJIniilR PRUrAINW 1710 MUDYWINNIRU OWNER NAME XMINPHTTPATRU-K TAXPAYER XMlNPHr/PATRICX NAMIMDOR mOSIIADYWOnOMD WAYZATAMN SSJ9I Jl 171172)210021 PROP ADOR 17M SIIADYWOOO RO OWNERNAMB CRETCMFNSSHAW TAXPAYER ORETattNSaUW NAME/AODR 17M SIIADYWOOO RO WAY/ATAMN 9SJ9I m < o ( t . ;; % I CERTIFY TIIATTIE FACTS REPRPJXr^l» ARE AN ACCURATE AND TRUE REPRESEPTFATIOPIOF INFORMATION AS IT APPEARSTIK DATEONTIC RECORDS OF THE IE2MEP1N COUNTY TAXPAYER SERVICES DCPARTMEW. TO THE BEST OFMYKNOWLeOGEANDBEUEF. by MEPrT.TOTKEDEST yy // tm-ma N«««»k»r r. 2«J '3 OMiAff«aUMlbam<: !•■»■•] PH AffHcittoa C—ii<trt4 at C—>plH«: It-n-tJ €»>Dajr lUvItw Pirlotf Eipkn: I2-2I-U To: Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Janice Waataja, City Planner])J^ Date: November 14.2003 Subject: 03-2963, WJM Properties, LLC, 2605 West W’a>‘zata Boulevard • Commercial Site Plan Re>iew - Public Hearing Zaalag District: Lot Area: I. larlastrial District 24 acres (1.045.004 s.f.) AppUemtiom Surnsnary: Applicant requests a commercial site plan review in order to expand the existing garage structure situated immediately south of the main facility. Siqff Mteommetnhuiom: SuifT recommends approval as the project meets all standards of the Industrial District. Pertiaent Z4mlng OrdiaaBce ScctioBs Sec. 78-82 1. Review of building permit applications. All applications for a building permit in any 1 industrial district shall be reviewed by the council and may be referred to the planning commission for review. Ustaf Exhibits Exhibit A - Application Exhibit B - D^ription of Request Exhibit C - Survey Exhibit D - Plans for Garage Expansion Exhibit E - Aerial Photograph of Property Exhibit F - Property Owner's List Background The applicant is proposing to construct a 20* x 75* (1,500 square foot) foot addition to the existing garage structure on the property. This garage is not part of the main building. Three overhead doors are proposed as well as two steel access doors. The existing building is used as a garage and loading dock facility accessory to the permitted uses which are conducted in the main facility. The applicant doesn't propose to change the use of the garage but to merely house larger trucks. M3-2WS 17,2M3 ratt2«rj All of the other improvements shown on the plan (Exhibit D) have been approved by the City with previous applications. This includes the new driveway, parking and landscaping. Most of these improvements are on hold for Minnehaha Creek Watershed District approval. This request is only for the grage expansion. LOT ANALYSIS WORSHEET Lot AreoAYidth 1 Lot Area Lot Width Required 87,120 s.f (2 acres)n'a Actual 1.045,004 s.f (2-acres)n/a Setbacks 1 Required Existing Proposed Front 75’14S’148* (main building) Rear 100’4C0’380 ’ (garage) Leftside 30’55’55’ (main building) Right Side 30’:5o*250 ’ (main building) The Imposed cx^ion of the garage structure ncets all setbacks and will not become any cIosct to the front yard, left, and right side >ards than the existing main building. The proposed expansion will get 20 ’ closer to the rear properly boundarv'. Slmctaral Coverage According to Section 78-825 (c) Lot coverage. ~...Not more than 45 percent of the total m of any lot, tract or parcel of land more than •Jirce acres in size mav be covered bv buildings or other structures...” Lot Area Allowed Existing Proposed 1,045,004 s.f. (24 acres)45% (470,252 s.f) 16.8% (1"5.986 s.f) 16.9% (177,486 s.f) iL Ms-ms .Nmtabcr 17, MU PH»3«ri Hardctvcr Cakulalioas This pcopem is not subject to hardcover requirements u it is greater than 1.000 feet from any uater body. Eileriar BvUding Maltriab The applicant is proposing pre-rmished metal comparable to the material used in the origin^ construction and the materiab of the e.xisting building. This is in conformance with the building design and construction requirements of Section 78-825 (0 (I). Parldag The proposed garage expansion will eliminate approximately 5 parking spaces. These parking spaces are not used for employee or guest parking but rather to park \ehicles awaiting service from the body shc^. Staff does not ftnd that this will have any negative impacts as the site is adequately pa^ and additional spaces will be added once the Watershed District has given approval. Laadscapiag No landscaping is proposed with this addition. The addition is being added to the rear side of the existing garage. The railroad currently separates the rear of the site from the residential parcels to the south. 380 feet remains to the lear/south border of the property when 100 feet is required by Ordinance. Tiie landscaping shown on the site plan (Exhibit D) has already been approved by City staff. This includes a fence, berm and landscaping on the HWY 12 side and planting islands throughout the main parking lot. Issues for Coasldcraliou 1. Should landscaping be required to screen the garage structure to the residential parcels to the south? It is unclear how high the sound walls on the south side of the new 12 will be - they may provide screening... 2. Are there any other issues or concerns with this application? Staff RccouiBcndaiion Approval of the plans as submitted. 114. exhibit A APDlkation U Date Received to SkS-Qi Amount Paid J3 "7^.00 CITY OF OROXO - GENERAL LAND USE APPLICATION PROPERTY' LOCATION Site Address 2605 West Wayzata Boulevard, Orono» Minnesota Type of Application lo be Filed Conmierciai Site Plan Review Property Identification Number (P.LD.) 33-118-23-13-0015 APPLICANT Name WJM Properties, LLC Phone (home)_______________ ____________________________________ Phone (work) 952-797-1340 Address 12520 Wavzata Boulevard City Minnetonka, Zip 55305 OWTS'ER (if different than applicant) Name Same ________________ Phone (home)_ Phone (work)_ Address Date Property Acquired June, 2001 I (do) (do not) also own the adjacem parcels of land. FEES - CONDITIONAL USE PERMHS - _____S 75.00 For each variance request with CUP application _____S250.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) _____S250.00 Guest House/Guest .Aparimcr.-.s _____S250.00 Duplex CrediiDldg _____S325.00 Comraercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. )’d. or more Grading, seawall, retaining walls within 75’ of lakeshore (month/>-ear) PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change from original application) After-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS X S275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____S250.00 Easement Vacation _______ SI00.00 Easement Vacation With Subdi>ision _____S350.00 Rezoning (PUD - refer to fee schedule) _____S375.00 Comprehensive Plan Amendment ______SIOO.OO App^ - - ______Other - see Fee Schedule ~f-r^ C .■5-^ w tLi> R£QL71U:D SL3MITTALS _J5_ Cocplctsd Application Form. 2- ^ Describe request in detail. ^ UbeU „d pl« (jcu A-603. Govemmenl Center. U».32m^ Hennepin County Department of FiiiMce. bfraatio'n.°*^ »urve>or) - refer to handout for tur^tv 1' ZZ (^“irtd°" ‘-'>-char.jes in elevation (trades). P”>Po* contours) if land alterations involve proprny. Tl2*lnuld^Mi'*nL^^“f“S *" '"'««« in the ■ — Contntiction pl«i. if applicable (see slaff f« requimiraor • — ;^s«t»“uaM‘:;^^cat^^ ES“ ” »• pSrrr., WlictuonTLcr«r!Zr?ftS^^^^^^ remember that >ou: SSciel-s;l“‘ ApplicaUon is complete. *"----------------------------------------------Dale_________________ APPLICA.NT S SIGNATURE The applicant hireby agrees to provide all Administrator, arees to pay additional Applicant's signarcre _____ Maurice OmVER S SIG.N.ATl'RE ’“'iei^f WsVT ^ by''ori^al'’fte"’pafme^ itno^wgr- 'cnlCT .g.'Tbobor 21. 2003Manager entry on:o the prope^^by application and further authorized reasonable members Council ___Date______... - -» v-.'liei: Manager ■ > • 1 1 tw f Applictot irasj ha%e lU r:tmiittU into the Cttw ««. -ai, . ’’^2^^®*^''“'°“ •« held oa the c2rd CoremiMioa KfeedncKbedulcd review ©f the PUnaine ®I *“*?. "*“*• Applicants must be ement •» .-t KhjduW f:r„, =aie “ “ *»“«' <• BuUdipi it Zooiaf 05.ee c.*^ this chanfe prior lo die **“* ^ 5^* •»* “Wse the _0<"fr>hj»r 21. =:V>. # ^ ^ exhibits DESCRIPTION OF APPUCATION FOR SITE PLAN REVIEW - BUILDINO PERMIT ON COMMERCIAL PROPERTY WJM PROPERTIES. L.L.C. 12S20 Wayzata Boulavard Minnatonka, Minnaaota S5305 Ragarding Proparty; 2605 Wayzata Boulavard West. Orono WJM Propartiaa. L.LC. (Applicant) raquaata a Commarcial Sita Plan Raviaw in cop)unctk>n with a raquaatad Building Parmit to axpand tha axiating garaga atnictura aHuatad Immadiataly south of tha main facility (Building and propoaad expansion ara idantiflad on tha proposed Sita Plan submittad herewith). Tha existing building has a prefabricated painted sheet steel exterior and is used as a garage and toading dock facility accessory to the uses permitted in the main facility. Applicant proposes to construct an addition to the garage measuring 20 ft. x 75 ft (1500 sq. ft.). The addition w^ll allow the Applicant to store larger trucks In the garage. Said trucks are used fcr auto transport and wrecker services in conjunction with Applicant's permitted uses Exterior finishes on the proposed expansion will cons.st of pre-finished metal cc'Tiparable to the materials used in the original construction and consistent witn the original architectural design and general appearance of the structure. The existing building is located approximately 275 ft. distant from the closest lot boundary (easterly lot line) and is completely screened from Wayzata Boulevard. Elevation differences serve to screen the building from Old Crystal Bay Road and the proposed L394 extention. App! cant does not anticipate any additional hardcover since the proposed expansion will occupy an area which is currently covered with bituminous paving. C ADoeuntntt and 8attngt\Al UMn'Oocurrara My C<:»T!tflts2VUp«jActivt«lorria ’a O-xrc OaaoWJonSJIaPian dee u I. u fc .«« •• ©-??9ti nM SITT^ f4AA) fll. I I F r I r 1 » - . .—if^ir T^- T • .• ;p:>:<m "f ■' • >■!^r*'" n . •1-: . • ■ k:- ,,:ir*«^:] ..V%-------:r™ “>^. «V , > ' : , :7aT'‘^;v/ ImS^:I • >T* : »?Si: !'&'• r'-'- ":i..... r.i- ( ; I •rrt -i) r *>•V >* 1!iS = i.Vr ‘‘* :i \ ' •••*• >S5’fe :.-Jm rsiwx % m fr? EXHIBIT F 31 3311123110003 Dilab«n Dewlopmeot LLC 7743 Pbims Law MipleGro¥t^MNSS311 38 3311023120008 Profcsiioiial ftop. of Orooo LLP 833 PaftCBwood Loo* Lake, MN 55356 38 3311823130011 Veda he. P.O Box 373 Loo* Lake^MN 35336 38 3311823»0012 VCI Capital he. P.O. Box 373 Loo* Lake. MN 55356 72 3311823140003 Church of Sl Gcoc*e 133 Brown Rd.N Lon* Lake. MN 35356 72 3311823140011 Etco Properties he. 15500 Wayzau Blvd. #734 WayzaU,MN 55391 72 3311823140018 72 3311823140019 P.O. Box 347 Loo* Lake, MN 35336 Long Lake. MN 55356 38 3311823310010 BNASanuFeRRCd Property Tax DepL P.O. B ay 961089 Fort Worth, TX 76161 33 3311823420008 Speak The Word Church 515 Jersey Ave. S Golden Valley, MN 55426 Use templatf forS160® 38 3311823130002 Ace Properties LLC 3500 Anderson Estates Rd. Ma, 'Iain, MN 55359 38 3311823130015 DRB#8LLC WJM Properties LLC 12520 Wa>xata Blvd. Minnetonka, MN 35305 72 3311823140015 Rothgreaves Holdings LLC 3085 Casco Point Rd. Way^ata, MN 55391 72 3311823140020 Laitch Dev elopment Co. Fred Hanus 15801 West Oaks Minnetonka, MN 55345 38 3311823420013 Richard & Patricia Meyer Michael Hilbelink 85 Golden \’iew Dr. Long Lake, MN 55356 “tf ^sJ • ;• AddrtfsUbtU L jumt .___5_1_60®___ ««»btr 17.2M3 DiU AppUcaiioa RtccKtd: l•-22•«3 Dtit AppMcaiiM CoaiMcrcd as Co«pltt«: 11-12-03 60-Day Rcvitw Ptriod Eipirts: 1-11-04 To: Chair Smith ar J Planning Commission Members Ron Moorse. Cit>* Administrator Froa: Janice Waataja. Cir> Plannerjp Date: No\ ember 14.2003 Subject: 03-2964. Bruce and Kris Paddock and George W. Stickney. 3250 Fox St. • Preliminary Plat • Public Hearing Zouing District: LR - I A. One Family Lakeshore Residential District (2 acre min.) Lot Area: 14.830 acres (645.995 s.f.) AppUemtkm Sumumry: Applican: requests preliminary plat approval to create 6 lots on one block at 3250 Fox Street to be knoxMi as Maxwell ^y Estates. _______________ Sl^ff Recommtmdatiom: Suff reconunends approval of the preliminary plat with the following stipulations: 1. Implementation of the recommendations of the City Engineer. 2. Implementation of the recommendations of the Minnehaha Creek Watershed District. 3. Submission and approval of the final plat. 4. Subject to standard fees and dedication of required easements. i 5. Demolition of the existing house and any outbuildings prior to any site grading. 6. Review by the Park Commission prior to City Council review.__________ PcrtiacBt Zoning Ordinance Sections Sec. 78-305. .Area, height, lot uiddt and yard requirements. (a) Height. No structure or building in the LR-l A district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b) Lois. The following minimum requirements shall be observed: Lot Arc«(J<:r«i 1 Lot Width ifcr:*Front Yi.*i '/cell Side Yard (feet)Side Y'ard Adjacent to Street (feet) Rear Yardlfeeu 2 1 200 50 30 1 Iso 50 List of Exhibits Exhibit A-Site Plan Exhibit B - Grading. Drainage and Erosion Control Plan Exhibit C - Street Design Exhibit D - Wetland Inventory firm S\ oboda Ecological Resources Exhibit E - Hennepin County Soi! Survey Exhibit F - Wetland Boundary Map Exhibit G - Wetland Inventory and Delineation Report ■•3-2W4 Noveabtf 17. Mtl rift2«rs Exhibit H - Tree Preiervation Plan Exhibit I - Aerial Photograph Exhibit J - Memo from Se^c Inspector Matt Bolterman dated November 12.2003 Exhibit K > Neighbor Comments PRELlhnNARY PLAT ANALYSIS iBlrwIactioB and Coaformaace with Coaiprcheasivc Plaa Bruce and Kris Paddock along with George W. Stickney are requesting preliminary plat approval for a 6 lot subdivision at 3250 Fox Street The property is located at the sotrthwest comer of Fox Street and Leaf Street The current zoning on the property is LR - lA, One Family Lakeahoce Residential District which requires two acre minimum lot sizes. The property is guided for Rural Residential in 2000 - 2020 Land Use Plan requiring a minimum lot size of two acres. Caalbramact with Zaaiag Ordiaaace The proposed lots meet all Zoning Ordinance regulatioiu with respect to area, width, and setbacks. The following table ouUines the setbacks from the proposed building pad locatkms: NOS UKESHORE LOTS LR-IA Rcqaircd Lai 1 (building pad: 60x90) Lot 5 (building pad: 50x90) Lot 6 (building pad; 60x100) Lot Am 2.0 acres 2.00 acres 2.01 acres 2.12 acres dry 2.25 acres total Ut Width 200 ’593 ’304 ’305 ’ FraalYard Setback 50*50 ’50 ’120 ’ Side Yard Setback (smitb) 30*155 ’220 ’45 ’ Side Yard Setback (ao *h) 30 ’250 ’30 ’105 ’ Rear Yard Setback 50 ’50 ’120 ’125 ’ UKESHORE LOTS LR>IA Rcqaircd Lot 2 (building pad: 60x100) Lot 3 (building pad: 60x100) Lot 4 (building pad: 60x100) Lot Am 2.0 aces 2.96 acres 2.26 acres 2.20 acres Lot Width 200 ’220 ’200 ’215 ’ Na%»Mktr IMtU PaCtJafS RnrYard Sctteck SOSO*lOS-:is* SMc Yard Setback (west)J5* SMc Yard Setback (cast)30*55- Lake Setback 360*260* Sarraaadiag DcvelapBMBt The preliminary plat to be kno^n as Max^^elJ Bay Estates is surrouriied by residential property in all directions wth Maxell Bay of Lake Minnetonka to the direct south. Two acre minimum lot sizes with LR - 1 A zoning are to the west, east and northwest with two acre minimum lot sizes with RR - IB zoning to the northeast. A church is located two parcels to the north. The applicants* property is located off a private rcid with lots larger than two acres although existing two acre lots can be found to the northwest and northeast. Lot Layout and Standards Six lots are proposed to be served off a private road with a cul-de-sac. The plan in Exhibit B shows building pad locations in relation to the required setbacks and primary and alternate septic locations. The applicants have shown that an adequate house can be placed on these lots and staff is satisfied with the lot layouts as proposed. The lots meet all required lot standards as shown in the tables above. City Engineer Tom Kellogg has not submitted written comments regarding the locations of the building pads or the proposed grading at this time however, the applicant will be required to meet all recommendations of the City Engineer prior to City Council re\ iew . Road Layout aud Standards The applicant has proposed a private road approximately 590' in length with a cul-de-sac having a 100 ’ radius. Adequate frontage is proposed for the three non-lakeshore lots. A 24’ paved road with an «0’ radius paved cul-de-sac will be required wii-.in the 100* right- of-way corridor. City Engineer Tom Kellogg has not submitted wrinen comments rerarding the street design as shown in Exhibit C at this time however, the applicant will he required to meet all recommendations of the City Engineer prior to City Council review . Use of the existing driveway along the eastern boundary of the property must be discontinued. An option is to physically remove it near Fox Sirce:. remove the top bituminous, and allow it to re-vegetate naturally rather than digging the driveway out completely (see Neighbor’s Comments. Exhibit K). T >41 - tnytm N«»«ab*r |7. MU r»gt4«rs Rtquirtd CascsMals The applicant must dedicate the follo>%ing easements: - Conservation and Flowage Easements over all delineated wetlands. - Drainage Easements over all proposed storm water ponds. " A Road. Drainage and Utilit> Easement over the entire road outlot. • Stan<^ drainage and utilit> easements around all lot boundaries. This consists of 10’ around the plat boundao lot lines and 5’ on the interior lot lines. The applicant must also submit docuraent^on regarding access rights off the e.xisting private segment of Fox Street. The Subdivision Ordinance requires that any road serving more than seven lots be paved at a widih of 21 ’. Currently, this segment of Fox Street is approximately 20 paved. The applicant may be required to widen this segment to 28 ’ to comply with Subdivision Ordinance Section 82*281 (d) (1). SCorai Water, Draiaatc, and EnasioB Coalral The applicant is proposing a storm water pond near the road situated on lou 3 and 4. Lots 3 and 4 will still meet the required 2.0 acres of dry with this storm water pond although the applicant must submit area calcuUtions of the pond to confirm this. A storm water pond is also proposed adjacent to the delineated wetland in the northeastern portion of Lot 6. All storm water will be routed to these two ponding areas. The neighbor to the east submitted a letter expressing concerns regarding drainage (see Exhibit K). The City Engtneer has not submitted written comments regarding the storm water and drainage plan at this time however, the applicant will be required to implement all recommendations of the City Engineer prior to City Council review. The applicant has also proposed temporary and permanent erosion control measures which must be reviewed and approved by the City Engineer. Silt fence locations are shown on Exhibit B. The subdivision is subject to the Storm Water and Drainage Trunk Fee established by City Ordinance. The fee is esublished at $2,700 per acre, with a cap of 4.0 acres to be charged per lot. For this property, six 2-acie lot are being created. Each would be charged a fee of (2.0 acres x 52.700 - 55.400 x 6 bts - $32,400 for a total fee). Tree Prefers arioa The applicant has pioposed a tree preservaUon agreement which states that no trees shall be trinuned or removed within 20 feet of the boundary of the existing neighboring properties at 3175 and 3300 Fox Street. The agreement also sutes that there will be strict covenants and penalties for tree removal consisting of a 2 to I replanting of at least a 6 ” diameter tree. Staffhas reviewed this plan and flnds it to be adequate. Archaeological InpacU V^hilc there are no historically significant features on this property known to stafT, the location of ^ P^perty with rolling topography could suggest the potential for archaeological significance. The applicant should contact the State Historical Preservation Office (SHPO) and inquire as to the need for an archaeological review. M3-m4 >o«tiaktr 17. IMS ra|ts«rs Sfwift TrtatMMt Copies of the proposed septic plans were submitted with the preliminary plat. Septic inspector Matt Bolterman has reviewed the proposed septic plans and his comments can be found in the attached memorandum dated, November 12, 2003. He is recommending approval of the proposed septic systems. The property is within the MUSA and suff is exploring the potential of providing sewer to the property. Elimination of septic systems would provide greater site flexibility. Fark Dedkatioa The property does not abut any public roads and does not abut any of the existing or propo sed public trails shown on the City’s Comprehensive Trail PIm. A future trail is pUnoed along the public portion of Fox Street This subdivision proposal will be submitted to the Park Commission for their review in early December, to determine whether land dedication is required or merely a park fee for each of the six new lots (Park Fee would be $5,550 per lot). Isaacs far CaasMeratiio 1. Handling of elimination of the existing driveway and how to minimize root disturbance. 2. The applicant’s willingness to widen the existing private portion of Fox Street which would serve this development to 28’ when 20’ currently exists. 3. Is the tree preservation plan adequate or should the applicant expand the preservation program to establish tree cuning protection easements within 75’ from the shoreline? 4. Should the City and applicant vigorously pursue sewer verses septic? Should this hold up any approvals since a septic analysis had been conducted on the property? 5. Are there any other issues or concerns with this application? Staff RccoMmeadalloB Staff recommends approval of the preliminary plat with the following stipulations; 1. Implementation of the reconunendations of the City Engineer. 2. Implementation of the recommendations of the Minnehaha Creek Watershed District. 3. Submission and approval of the final plat 4. Subject to standard fees and dedication of required easements. 5. Demolition of the existing house and any outbuildings prior to ary site grading 6. Review by the Park Commission prior to City Council review. f PRELIMINARY PLAT MAXWELL BAY ESTATES PROPOSED SUBOmsiON FOR BRUCE k KRIS PADDOCK OP TRACT E. R.LJ. NO. 13SO EXHIBIT A GkOhbKitC A associate. ItiT PRELIMINARY GRADING. DRAINAGE St EROSION CONTROL PLAN MAXWELL BAY ESTATES PROPOSED SUBDIVISION FOR BRUCE St KRIS PADDOCK OF TRACT E. R.L.S NO. 1358 HENNEPIN COU.VTY. MINNESOTA EXHIBITS 4- LAKE MIN.NETONKA tt mm 1$ at » «»» i^iiii^ at «• MM I m.m • PRELIMINARY ROAD PLAN Ac PRO' ILE MAXWELL BAY ESTATES PROPOSED SUBDIVISION FOR BRUCE k KRIS PADDOCK OP TRACT E. R.L.S. NO. 1358 HENNEPIN COUNTY. MINNESOTA : QWTUJV 4 AOAR FROf|U T I • J * < t 1010 .... ...i.-;: in I I I ;i III i i i i i ML?- SCALE M W X X5 H O If too 0 too MO 300 400 aoo L jWVOBODA ^ V '* Ecological Resources Nationial Wetland Inventory Overlayed on 1991 Aerial Photo 1 !\m.pr A- HanM(lo«rit m ■■■:'K^ lim m^-mm®i ^^saSn y »/. /.. > - »•V*.' HbC H.-1 /d< n loor > 5\C .'\\^, ^ ^ l 'v, : -Hayden iQy N ^ r iiVe'- I ester Io irn\J ^.S^Lff!ab6<^L.^ Hennr-pin Ccjnty Soil Sjrvt y Ovcrlayed on 1991 Aerial Photo I •':.,<;\^onoDA -‘ .o . «: m» MimiI I -v- vv,^, >, ^K .V5 r^'^.’ ' ■' > '.Tn,- •,,SVO[:ODA Approximate Wetland Boundary Overlayed on 1991 Aerial Photo • .•..■• f t,■ • >•. -'L EXHIBIT G SVQBQDA ECOLOGICAL RESOURCES Wttlands Invtntory A Delmeation • Fisheries • Wildlife • Satural Communities iMHtmt )250 Foi Socct B<sin I_______ l««atiCiMn BPC__________ Oi«wMCti^Ma* Va____ Njiwt orOuMWct Ottc SMipk^OMMlO Type September I. 200) SPM Uo ______ L'oljrd No ✓ VEGETATION (>20H • kaui o> aenji ce<«Tsfci imium Cfar<bio>oArfoo___________0'' »I Jssuasshtaa.H V S0 M V S T H V S T H V S T HVST H V S T FACU SfiEUCft nuM o(riJrnij:ii FACU M V S0 FACW M V S T M V S T HVST N V S T M V $ T HVST >SOHorOMMMliPAC«*aMf*____Ya_^Na >iOH oT Domming Fa C» . OBL (TAC-i Noirt Hei^com ind Tree ipecto observed it ample location_________________ Vtt No SOILS CoHiity Soil Sumy Map Unit Hifneltoim ✓ SoilSciioiiiHiNiHooalHHncSoiUjU Aid fiuppad M 4(p<tUian or «mi ipai on Soil Surso) ri«M QOimoimitt H/Onc (Oil auuinod bocaut* pUnu ait OBL aad FAOS' and otilaod boundary ii abnipi ^ MifwnlSoil OrgarKSoil j 1 Hofteo ■ Peoth o-io- Malria Color IOYRJ/2 Sandy Loam Essouss Few/Distinct Deoletiona. lOSM* 10-14*lOYRJ/:1 ClfY L'Hin Fevr/Distinct Deoletioitt. lOSM 1411*lOYRJ/:[Sandy Clav CommonTrominenl Draletions. lOSM Hy^ Sc.1 »tadr» ✓ Yg ____No____^Uodctomnol N on * *iron Otide So:. Mau (lOSM) Indicator of Hydnc Conditions [Pnwary lodicMon (P) Secondary tn6ca(on(S)| Oip<fcorHo«lMC II tocka HYDROLOGY OcpdiafWMriP) Fm onacr « bofckok. Otpik Bom SoKa^e Waw Uaiti. EkvoMo (P| OnllUncaarS HyAotooCni OdMrOkima lOapoMUtfi Y« ✓ No ___ OiAndltootCbi—(hdUpQW ll0Kt>«((S> OraMa«( PaiKnK a Welaodi CPl Water ttaaeila.d (ST ^ Local Sod SMVtyOtM(S) FAC NctnlTwCS) HriMSMokFOMiwWalMd* Ya >VXTLAND DETERMINATION No ✓ Uodcaennaed ____ D-iaoct Bom OttioeowF Edpt 7 • MlA Now Wetland adse based or. vctmtion and topognphic line •r-. i & I I a I i 1 j ] 1 1 1 3 I I I ] I 3 SVOBODA ECOLOGICAL RPSQURCES Wetlands Inventory d Delineation • Fisheries • Wildlife Satura! Communities Site Name **»"'*« Basin I lavcKigalarv 3250 Fo» Street BPC OsmM Condrtwn' KMm of Ontuffciiicc Dale Sample PoiM to CommiiMy Type Segtember I. 200) SPM VkTT No ^ Tvre I . PEMiTOIA \TGETATION Dwninanis C>MH • teaat w aenal co«cn|ti SBBBII Simftim Indicatar UtniaMrwimn______________0V S T FACU' Non-dofninanis H V S T H V S T H V S T H V S T H V S T H V S T tero Lcperrea csnaipim SnVD Indieatof Slatua An-a ©V s T FACW , ” ^ S© FACW H V S T MVS T H V ST K V S T H V S T >50HofOo»iMWirACer»fiiet^ ✓ Ya ____No »5C*isfOe«iuuaarACW.OBUrAC-«t«r»l») ✓ Vo Herbaceous and Tree ipecices observed at uirp’e location SOILS CouatySoDSunreyMaiiUuM Hamel loam fiHJQfcaotwiiaM ' M»^»oJ “»«*dbce««plaiM*ieOeLaod FACW are •otandbct.*4L->ta»vr.7i ✓ MisenI Soii ____Orfanic Soil Seal $»s itoo NanoBal Hydre Soil LiU ^'a^FF«4Mdepftuioeor •eitpoionSetlSMVcy UscusnSodi o-io* Matrix Color lOYR 3/1 10-18- Texture Silty Loam JBYR3/2 Siltv Clay Loam EcUltCI Few.T>.sr.?;ct DeoletioM tnSM» Man\ ?r:!ninent Deoletiorj. Few lOSM Nydfw Soil hetem* ^ Yea t/odneniuned N««w *10X1 Oxide Soft Mau (lOSNf) Indicator of Hvdnc Conditicrj |Pnreaiyindacaton(P> Secondiry indteatoo (S)| DepdieFi —Fliot 18 Inclia HYDROLOGY iMMdMcd. Dipdi of Waur (F) Frto water le bertlMlc. Depth ftom Surface WaMThUiUEIceMon (F> DnR Umo or SodtratM Oepoaiu (F) Ox £j=x£ Root Chaeaeia w Upper 12 lechct (S) Fantrat w WctUctU iF) Waar-caie*dlco%ea(Sl Lpcx.’Sell Surrey Dm (S) FAC-NnmlTM(S) Hydreloty Cnienen Met'* ^ Yea Other OhtcrvitHMa ' WTILAND DETERMINATION b AeSoiepleFPM. Wetland? Vet No_____Uodoerru*! 0«aseelh»Del.aao«dE4|r |Q H VA ****** Wetland edfce based on vetetation and topottachic line EXHIBIT H MaiweH Bay Ettataa Tree PrcacnralioB AgrttMcot AllianlMalcdwithiaMiMlortbcbMBdyofctiitiBg adgfcbMtag propcHin it 117SFaiSlftf«BBdy3MFaiStnct,ahallbciBaTrac PrmnratkM Zoac. Na fratt Aal be IrlaiMtd «r iMMvad fivai tkb aiaa aalm they are dead aad ia Bead af proper rcaairaL AB treae bcalad ia the MaxwtB Bay EUatei tabdhrWaa skal be gararaed by itrkt cavaaaafaaad peaalHaa for tree reaavaL Fartacb traa that ia rraoved for raadiray, driveway, baae ar accaoaary alfacta re, a 2 for 1 nphatiag of at least a 4** diaaNter tree iball be ragaired. Tbb Tree f reaervatioa Agrecacat iball raa wHb the had. ah j^V ■ . .'H *• S< ■ ■ -J*^ ■>H ?• •<•.• .r- - >A <?/* .'‘-‘■‘t.v.j .S3S1 ISi gSfee. I' ’ ^., ; ■ .’riA* V- -M -,- - . ..• r r"'’- ■ ' P^.v ^ '' k '•■ ■-■ ■ o. o A. EXHIBIT J GlTYormONO MIMnn: 27» H*f Partaar OtaMi M SS3Se TO: Juice Waataja FROM: Matt Bolterman, On*Site Systems Manager DATE: November 12. 2003 SlRiECTT: Septic Review for Maxw ell Bay Estates PO loiM cnrstai Ui. m unyooM —t EXHIBIT K D * * ^lAANS. l i e ••O Hii\ l-*i l ost. I.^KI \MNS1 %4,-r% >1 IV. Novwnbv 13.2003 Mikt Gaffron Oirtctor of Plwming and Zoning 2750 Ktnay Parkway Orono. MN 55356 DtarMr Oalfron; “i'” S««'" Orono do. 001, Blocx 001. into six lots ••weral hundrad «Mi bafore vaanng off to the west, i proceedirg »<«i r.. drtvmir w» b. rBr^JSTo^01 0^ drtvwaay K is my un<ter,tandVng^!a'^i^^t!2^^ «• done wtwia removing Mko to three years vlte thereterelreI^^il!r^L^ ^ to both addrbonal drainage esues and eJSlSSn^L^ir' the toss of trees due MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. October 20.2003 6:00 o’clock p.m. (nS) m2-2M SCOTTSTASDA, 2659 CASCO FOIST ROAD, Comhtued Mabuith moved, Rahn sreoaded. recommeadine approval of Application M03-2858, Scott Staada, 2659 CaKo Point Road, grantine after-the-fact variance approval for tbe rccoattnictioa of a 4*X7* deck and 3' wide access stairs to tke accessors structure, aabjcct to the removal of the concrete slab, sidewalk along the side of the resMeacc, and an laadscape plastic prior to the final inspection: Duly noting that the structure is considered a noaconformiag structure and limited structural repair Is allowed. VOTE: Ayes 4, Nays I, Fritzler dissenting. FriUlcr stated that he neither supported the work being proposed to the nonconforming strticture nor could support the after-the-fact request. (116) 403-2923 STE\ AX WAGNER, 3607 SIIOKFI.INE DRIVE, VARIANCE, 6:43- 7:40 P.M. Stevan Wagner, the Applicant, and Martin Woody, the Architect, were present. Foth reported that the applicant has submitted an application for a building evpansion and remodel in the B-l Zoning District. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Pla.nning Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to remodel and expand an existing 2310 s.f. concrete block building on the propertv to a 4080 s.f. building, a 1,770 s.f. total expansion. 2) A setback variance in order to re-use the existing sign pole which is setback 8’ from the front property line where 10’ is required. Ihe signage itself will extend an additional 4 ’ into the setback area for a sign setback of 4 ’ when 10’ is required.* 3) Hardcoxer variance to allow existing driveway hardcoxer to become structural hardcover.* •Foth noted that each of these items would be rev iewed in pan w ith the ox erall commercial site review- Foth explained that the property located at 3o07 Shoreline Drive has historically served as an equipment rental business. WTiilc lawn and garden equipment rental is a permitted use in the district, there is a great deal of outdoor storage associated with this business. Outdoor storage is a conditional use in the InJusthul district only. While the existing sign is located 8’ from the front propertx line, where a 10’ setback is required, Foth stated that the applicant is proposing to re-use this sign in pan including the non-conforming setback. The property is allowed signage up to 250 s.f; therefore, the proposed signage of 150 s.f. is in compliance w ith Zoning Ordinance requirements. Page 7 of 29 MINXTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20.2003 6:00 o'clock p.m. tlOJ-2923 STEFAS UACSER, 3M7SHOREUSE DUIE. ComHmmed Although this property is almost entirely within the 500 ’-1000' hardco\er zone. Folh indkaled that currently there is 35.030 s.f. ofhardcover constituting 72.75 Most of this hardcover is gravel and paved parking areas with buildings consisting ofonlv 6.132.75 s.f. or 1/6 of the 72.75%. With regard to parking spaces and/or garages, these shall be located in areas other than the required yard; except that parking may be located in a rear yard to w ithin three feet of the rear or side lot line unless the rear or side lot line is in common with an R district; in which case the setback distance shall be 35*. The applicant's property is irregularK shaped and surrounded at the rear and on the west side by residential property. The eastern side lot line abuts another B*1 district. Based on the si/e of the business, it is required to supply 11 parking stalls; however, currently there are 18 stalls. Foth noted that a drainage and surface water management plan should be submitted to the City for Engineer review prior to final approval with two-Ibot contour intcrsal or spot elevations on a 10()-foot grid if the two-foot contours are over 100 feet apart. 'The applicant has proposed additional vegetative screening betw een the w est side of the proposed building and the western drive. In addition, a lighting plan has not been pro\ ided w ith the applieation. The applicant should address how or whether the individual buildings, entryways, or parking lot will be illuminated. With regard to the building quality, Foth explained that the applicant has proposed vertical wood siding w ith a field stone base for the exterior facade of the building. The Planning Commission should discuss whether these “residential" materials are appropriate for the B* 1 district. In conclusion. Foth presented a summary of issues for discussion: 1. Is the outdoor storage use non-conforming? Should it be allowed to be improved and'Or expanded? 2. Should the building be constructed to accommodate all of the equipment storage for the business, including the equipment currently being stored outdoors? 3. Should one or both of the accessory* structures be removed? 4. Should, if permitted to remain, the outdoor storage be restricted to a specific amount, type and location of equipment? Should additional screening be installed? 5. The west and south lots on the property are gravel. Is gravel an appropriate parking surface for a business district? Should all of the lots be provided with curb and guner? Page 8 of 29 6 00 o'clock p.m. mnriatc cxlchof wall finish for a e.,s.hcvcn..Uo«.s;aing»P~POsca»-*.-P'<>P"-"’ commercial buiWmg. *. vvm.h«.H..cnan«inO,c..hcrbuiM.n*onU.crropcny. Ihc site? Archer«.yo.b«.suc,..co«cn..»i.h.HU3PPUca..o«. Fo* i»l,c«cJ Uu. U »ou.d be >u.Ts ,ccomnKnd..K»: , ,o^«.c.*nv,Hance. ilc indicated further screen .he..ora*, are. ^ ,5 .suseJ for and » heO.ee *c Chair Sn.Uhashed»ha..h«^^ VOf^ add...ons nere . P . ^ Wagner replied .ha. "';;^'iJ'Ss'^°' '•> *>«'« an in.erior desigiwr- j,;, business further,business versus .nerease or .«>» h.s nus ChairSn...h,ues.ioneduhe.her.hecire.ed,iveiseaee.ive. I ,ha. .he eircle drive allovvs his eus.on.ers .0 n.aneuver 0^r'nr«S«P«.al.yu..hbige,u,pn,en.. mus.bekep.onconerc.cpad$. 9 of 29 MINUTES OF THE ORONO PLA.\NING COMMISSION MEETING Monday. October 20,2003 6:00 o’clock p.m. MJ-292J STEt A.y H AG.XEM. 3§§7SHOMEU\E DMII E, Cwttimued Wagner stated that any fuel storage is contained within the required double wall tanks, in addition, he uses oil waste traps to collect waste. He indicated that he could put a slab near the diesel fuel area but didn't know how the City would react to that suggestion. Woody added that any waste that is collected with runoff is filtered in the traps before allowing the runoff to reach the stormwater sewers. Rahn noted that this was a common practice to use waste traps w hich can be pumped out and cleaned once waste is collected. Hawn asked for more specifics regarding the sign. GafTron pointed out that, while the applicant is allowed a certain square footage, he has fallen below his allowance With regard to the issues for discussion. Haw n stated that she would prefer to see more storage moved inside. While she recognized that many pieces of equipment cannot be kept inside for practicality, Hawn requested that these items be moved towards the back of the site. Mabusth asked about the dock sections kept in the north prd. Wagner stated that these would be removed in an effort to clean up the site. With rc.ard to the trucks and equipment. Wagner stated that he would try’ to screen these better and move them to the best of his ability. Mabusth asked if there w ere a staging for rental of vehicles etc. Wagner explained that once an item is reserved, it is typically, moved to the west side to be picked up. He noted that further jostling of the arrangement could be done; how ever, added that certain arrangements are necessary- to ensure efficiencies. Rahn pointed out that they would be gaining a great deal more space indoors, approximately 1700 s.f. Fntzler questioned whether the industrial business itself was compatible with the B-I Zoning standards of the site. He believed the applicant should be more amenable to screening and moving things around. Noting that it was not her wish to see the business go away. Chair Smith urged the applicant to utilize the indoor space by moving more of the equipmem inside. Page I0or29 Utrtii MINUTES OF THE ORONO PLA-NNING COMMISSION MEETING Monday, October 20.2003 6:00 o'clock p.-n. MJ-292J SrfM.V H’AG\ER, 3M7SHOREUSE DRUE, Comtimued Wliile he could not get specific until the remodel was complete, Wagr er acknow ledgcd that he would strive to move equipment around and inside as best he could. Hawn suggested the applicant provide the Planning Commission and City Council with a schematic where everting would go in the new plan. Chair Smith recommended he include the landscaping and lighting plan in this schematic. Mabusth agreed that she, too. would like to sec a final site plan relative to placement of all of these rental things. With regard to the outdoor versus indoor storage. Rahn suggested the applicant consider installing overhead doors versus patio doors to the low er level in order to ease the nonconformity of outdoor storage to a certain degree. Chair Smith concurred, stating that she would look fa\orably upon further effort to store less equipment outdoors. She questioned whether the Commission should limit the t>pc or amount of equipment. Rahn felt they should not attempt to further limit the t>pe or amount of equipment necessary for him to run his business. Hawn suggested they have him designate a specific number of stalls for his items in the schematic. Gaffron pointed out that the business is allowed a certain number of parking stalls, warehousing may require few er; however, rental may require more. Mabusth asked how many trucks the business t>pically houses. Wagner stated that, betw een Budget and R>der. they have 7-10 trucks on hand. He indicated that he could draw up the landscape plan, as requested, designating w here those trucks will go. Rahn stated that the site plan detail phase w ill allow him to do this. Frilzler maintained that the City may need to be more restrictive with this applicant, if the business requires more than most other businesses in the zone. Haw n agreed that a q>eciCc site plan w ould be helpful, since this business has been found to be acceptable. Rage It of29 MINUTES OF THE ORONO PLANNING CONLMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. fM> ST£yA\ HAG\£M, 3MTSHOR£LI\£ Dff/ir. Contimmed Chair Smith asked for comment on gravel \ersus blacktop. Mabusth stated that she believed that gravel had been recommended by the Engineer the last time due to the business* proximity to the eilands. Wagner pointed out that, long ago, gravel \sas not considered hardcover and was preferable to blacktop in containing some of the runoff. Mabusth suggested the City allow that some kind of concrete pad be placed near the tanks and wetland for containment purposes, a waste trap. She further suggested that the westem access drive be paved if the Engineer agrees. Woody believed the Engineer would support a pav ed apron on the west. Hawn recommended the applicant gather this information and report back to the Commission. Wagner staled that he was facing lime restraints if he were forced to wait to report back next month. Hawn suggested the Commission review the application and schematic during their November work session. Chair Smith asked if the Commission found the exterior finish and sign acceptable. HawTi stated that, personally, she would prefer horizontal, but was comfortable w ith the sign and siding as proposed. Wagner slated that the proposed sign would not be as tall and extend less close to the road than the existing sign. Rahn stated that the proposed sign did not seem out of place. Chair Smith suggested the applicant suppl> the Commission with specific detail, a lighting and landscaping plan, runoff and drainage plans, stalls. ba\-s. etc. before they move the application forw ard to Council. She recommended the applicant also consider overhead doors and paving the west entrance, subject to ike Engineer’s report. W'agncr stated that he would get those items done to meet the work session deadline. Mabusth asked w hat the shed was used for in the back and suggested that it be moved in order to use its current location to store other items out of sight. Paje 12 of 29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o'clock p.m. (M) m-2923 STEyA^ H’ACyER, 3697SHOREUSE DRU E, Comtimmed Wagner stated that the shed is used to store unsightly items, such as scalTulding and ports. He indicated that he would give serious consideration to relocating it. Rahn agreed that relocating the shed to a lower site on the property w ould free up valuable parking space for large equipment. Mabusth asked how long Mr. Wagner had been in the rental business. Wagner replied that it's been a family owned business since the 60's. Dan Crear, 3701 Shoreline Drive, the adjoining property and business owner stated that he was curious to see the proposal and decided to attend. He pointed out that this remodeling project is a prime example of what was accentuated at the Navarre Town Meeting last >‘car. Crear maintained that, if Orono had a concrete master plan or vision for the redc\elopment of the Navarre area, the City could provide Mr. Wagner w ith valuable direction in his remodeling efforts. He felt this w as one of the reasons to look at that overall vision, as opportunities to beautify and clean up sites like this occur. He believed this site would better serve the community as a 'people site’ and was pleased to see any efforts to beautify and clean it up. Chair Smith shared with Mr. Crear that, the City too, has put the Navarre vision or master planning proceu at the top of its priority list in the Navarre beautification effort. Chair Saihh aoved, Hawa sccoadcd, to table Applicatioa #03-2923, Stevaa Wagacr, 3607 aad 3609 Shorrilac Drive, to allow the appttcaat time to provide the Commlssioa with a drialled site plaa at its Work Sessioa la November. VOTE: Ayes S,Nays0. (#7) #03-2934 JASON BLISS, 3445 CRYSTAL BAY ROAD, VARIANCE, 7:40 - S:04 P..M. Jason Bliss, the Applicant, and Paul Larson, the Architect, were prcKnt. Gaffron explained that the applicant has requested a number of variances to construct a new* residence on the property. The variances include: 1 . Lot area and w idth. 2. Side street setback (required IS' proposed “ I r-12.S'). 3. 7S-2SO* Hardcover (existing - 1 .985 s.f. 30.6"<i; allow ed > 1 .623 s.f. * 25%; proposed 1,668 s.f. - 25.7%; adding AC pad. minimal sidewalk and probable future 8x12 deck yields 1824 s.f.-28.1%). \ Pate 13 of29 MLNUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. October 20.2003 6:00 o'clock p.m. (»9) 00J-29SS HA t’MOSD ASD SYLESE SEWKIHK, 1489 SHOKELISE DUVE, Cmmtimmed Since the building envelope allows adequate room for the home to fit into a conforming location, Fritzlcr agreed w ith staff regarding its setback and hardcover recommendations. Mabusth staled that, while she agreed 72* was adequate to rebuild, she also heard a hardship with regard to the shared driveway access and no direct access to County Road 1 5. >\1iile she believ ’ed the Commission could support some excess hardcover to make up for the driveway problems. Mabusth stated that the side yard setback request must be held to new construction standards. Hawn concurred with Mabusth, stating that she believed this w ould be precedent setting for rebuilds in this community if the Commission approved the side yard setback request. Rahn stated that he. too. agreed a hardcover allowance could be granted; however, since the building pad is fairly large, he could not support the side yard setback variance request. He suggested the applicants redesign the proposal to fit within the building envelope to determine if the hardcover variance is appropriate. Cronin inquired whether the Commission could support the special circumstances imposed by the excess highw ay noise and safety concerns. Chair Smith staled that the Commission had agreed and insinuated that they would consider those elements in the hardcover request. Ms. Newkirk stated that the house to the north east is merely 10* from the lakeshorc and w ould dramatically obstruct their view s if their house w ere to be situated w ithin the building envelope. Mr. New kirk staled that, having met with Paul Weinberger over a year ago. he was led to believe that they were headed in the right direction and would not have difficulty meeting the side yard setbacks. He believed there was a misinterpretation somew here along the line. Newkirk stated that, rather than be forced to rebuild behind his neighbor, he would be forced to remodel what was there. Hawn asked if the neighbor's home truly sat just 10' from the lakeshorc. Gaffron confirmed the neighbor's home was 10* off the water. Hawn staled that she felt some responsibility in this case due to what was supposedly relayed to the applicant early on and based on the proximity of the neighbor ’s home. Ptge l8oT29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. October 20.2003 6:00 o'clock p.m. W MS’29S3 HA YMOSD ASD SYLESE SEIVKIRK, I4i9 SHOREUSE DR!% £, CamHimei While GafTron did not know what Weinberger had told the applicants, he mainujtcd that when he met the applicants at the site, he explained that the 2 acre standards must appl> to the property. He indicated that, from a legal standpoint, it does not matter ns hat the applicant was told upon his initial inquiry'. Chair Smith asked the applicants if they wished the Commission to \oic on wha: was before them. Mabusth encouraged the applicants to redesign and return with a new plan, sirwc the hardships for hardcover were acceptable to the Commission Gaflron pointed out to the applicants that even if the proposal became a rcmiHlcling project, the applicants w ould unlikely be allow ed to replace some fK>nions of the home that would disappear during the remodel process. N*s. Newkirk stated that it was their opinion that the redesign versus remodel was the best option given the reductions in hardcover in the 0-75' setback /one. Mabusth again suggested the applicants table to take the opportunity to work with the planners on their options. Cronin asked the Commission to vote on what was before them. Chair Smith moved, .Mabasih secoaded, lo rrcommead approval of the lot area aad lot width variaaert, aad Coaditioaal Use Permit in order to regrade the 0-75* lakeshore yard to create a aataral slope where a failiag 6’ retainiag wall esUts carreatly, aad improve drainage away from the hmac. la addition. Chair Smith awved to deny the side yard setback variaace aad to table the hardcoser s ariaacc in order lo coastract a new hoam on the substandard lot. VOTE: Ayes 4. Nays 0, Abstain 1, Hawn abstaining. Hawn suted that she w as uncomfortable denying the application, since she did not know what representations were made lo the applicants. (hlO) M03-2954 HOWARD R. ALTON. Ill, 1635 CONCORDIA STREET. VARIANCE. 8:55 - 9:17 P.M. Howard Alton, the Applicant, was present. Waataja reported that the applicant had requested the following variance to construct a patio on the lake side of his home: Page 19 of 29 MINUTES OF THE ORONO PLA.NNING COMMISSION MEETING Monday, October 20.2003 6:00 o'clock p.m. r«/#> Mi-2954 HOHAUD it ALTO\ III, 1635 CO.SCORDIA STREET, Cemtimmed I. Hardcover variance to allow 26.9?. hardcover in the 75-250* zone when 25^i is allowed and 24.5% currently exists. Waataja explained that the applicant received a building permit to construct a large addition to his home in November of 2002. The building pennit consisted of the removals of476 square feet of patio in addition to removals of driveway and sidew atk together totaling 866 square feet to meet hardcover requirements. With the 2.940 square foot addition these removals w ere required for the property to maintain a hardcover of 24.9% when 25? a is allowed. Waataja stated that the applicant now requests a variance to allow 1.000 square feet of new patio resulting in hardcover of 26.9° a w hen 25°/« is allow ed. Waataja stated that staff docs not find a viable hardship to grant approval of the hardcover variance request. The applicant removed patio hardcover in 2002 in order to construct an addition to the home. The applicant at that time could have adjusted hardcover amounts to allow for the proposed patio but chose to accept a 168 square foot patio. Should the applicant wish to construct additional patio. .5% could be constructed amounting to a total patio increase of 1 71 square feet for a total patio area of 1 79 square feet (including the 8 s.f which currently exists). This would put the property at 25% hardcover and not require a variance. Therefore. Waataja stated that, staff w ould recommend denial of the hardcover variance to allow 1.000 square feet of patio in the 75-250' zone resulting in a hardcover percentage of 26.9?* when 25°. • is allow^. Alton pointed out that he probably owned one of the largest lots on the lake and found it ironic that he was being denied a hardcover variance to construct this patio. He stated that his total hardcover was less than lOf o of his property and that similar communities w ithin the lake boundaries allow the 0-75’ calculation to be included in the total equation. Alton stated that he chose to remove his boathouse on his own. instead of waiting to use it as part of a trade-off for his patio. He maintained that the one size fits all policies of Orono are difficult to fathom for many residents. There were no public comments. U’hile Mabusth stated that these exact points had been discussed at a recent work session, she commented that it was unfortunate the applicant did not plan for the addition of a patio in 2002. Alton indicated that he had several sets of patio doors which he would like to have a patio 10 exit onto. He pointed out that he had deeded a portion of his lot to the neighbor when he purchased the property, as well as. paved the cul-de-sac himself. Pase20of29 MINLTES OF THE ORONO PL.\NMNG COMMISSION MEETING Monday. October 20.2003 6:00 o'clock p.m. (UtOi m~2954 HOWARD R. AL TO\ HI, 1655 CO\CORD!A STREET, CoMtinutd Chair Smith staled that it sounded as if the applicant was not unfamiliar w ith hardcover discussions and wondered why he had not pursued the appropriate variances in 2002 to allowr for his patio. Alton maintained that he was shocked there was a hardcover issue in 2002 and, based on the contractors recv.~;:ncndation to pursue the patio later, went forward with the addition. Chair Smith slated that, unfortunately she could not find a hardship to support the variance request. Mabusth concurred, staling that while she could appreciate all that he’d mentioned, there w as little the Commission coaid do other than adopt the staff recommendation. Alton encouraged the Commission to consider the topography of his site, noting that it is totally flat. He suggested the Coir..’nission discuss the concept of topography in an upcoming work session as well, since the intent of the ordinance is to ensure that drainage is not directed toward the lake, and in his case it would not. Haw n felt the contractor misled him to believe that the patio could be added later w ith a variance request. She stated that i: would be precedent setting to approve the request with lack of hardship. Haw n encouraged the applicant to use the remaining square footage he had to construct landings for the existing patio doors. Chair Smith asked the applicant how he wished to proceed. Alton asked the Commission to ac: on the application. Fiitzlcr moved, Mabuslh seconded, to recommend denial of Application 1103-2994, Howard R. Alton. Ill, 1639 Concordia Street, denying the hardcover variance request to construct a patio on the lakeside of the home due to the lack of a viable hardship. VOTE: Ayes 5, Nays 0. (HI I) #03-2957 JOSEPH TIllES. 1180 WILLOW DR1\ E .NORTH, VARIANCE, 9:17 -9:35 P.M. Joseph Thics. the .Applicant, was present. Waataja e.xplained that the appliccr.t requests the follow ing variances to construct an addition to the home and a detached garage: I. Rear yard setback variance to allow an attached garage and house addition to be setback 32.5 feet when 50 feet is required. L Page 21 of 29 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. October 20.2003 6;00 o’clock p.m. MS-2957JOSEPH THIES, tliO HtLLOH DRHE \ORTH, CemrimmeJ 2. Rear yard setback variance to allow a deck to be setback 24 lect from the rear property line when 50 feet is required. 3. Rear yard setback \ ariance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required. Waataja stated that the applicant is proposing to tear down the existing attached garage and build a new garage with living space above and an 11 x 24 foot addition which connects the new garage and li\ ing space to the math house. The applicant is also proposing a detached garage to be located in the southeast comer of the property. Currently, the existing an.iched garage maintains a 43.5 foot setback to the rear property boundary’ when 50 feet is required. With the additions, the applicants are proposing a rear yard setback of 32.5 feet when 50 feet is required (11 feet closer than existing). In addition, the applicant is proposing a second story deck setback approximately 24 feet from the rear property boundary. Staff finds there are several hardships which would constitute a rear yard setback variance for the proposed attached garage and h\ mg space addition. The property is on its second septic system and the new mound system precludes any additions from expanding northwest as the mound and septic tanks may be disturbed. Also, the applicant’s well is located directly north of the most eastern line of the house precluding any additions from going north as the well may be disturbed. 1110 only other alternative would be for the addition to be constructed olT the southw estern aide of the existing house, how ev cr. the layout of the house would nut be sensitive to that as the garage would be accessed through the living area rather than the kitchen. The existing setbacks and layout of the home would not support any addition to the south. Therefore, the only alternative is to expand to the east where an existing non-conforming setback is already occurring. The non-conforming setback would be increased by 11 feet, however, the adjacent neighbors would not be alTccted. The new rear yard setback would be 32 5 feet on a property w hich is under an acre in si/e. If the property w ere located in a one acre /one this 32 5 foot setback would meet the 30 foot required rear yard setback. Additionally , the applicant is proposing a rear yard setback v ariance to allow a deck to be setback 24 feet when 50 is required. Waataja pointed out that stafTdocs not find any hardship which would constitute this variance approval. The deck is not required, is for aesthetic purposes, could be relocated to the north side, and is accessible from only the master bedroom. Further, such a deck would not be permitted even in the Vi acre or one acre /ones, since the minimum rear setback for th-'se less restrictive zoning districts is 30*. Waataja continued, stating that the applicants are also proposing a 528 square foot detached garage in the southeast comer of the property. Any detached garage under 750 Pjfe22 of 29 J i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20.2003 6:00 o'clock p.m. (»ll) M3-29S7 JOSEPH TUiES, H80 H ILLOU’DMl'E .\ORTH, Continued square feel must be located behind the house and 10 feet from the side and rear property lines. The applicants arc proposing a setback of 5 feet from the rear property line and 12 feet from the side property line. Waataja indicated that staff does not find any hardship which would constitute this variance approval. The required setback is 10 feel and there is adequate room for the garage to be shiAcd west to meet the setback and not interfere w ith the house. To do this, the applicants may be required to construct a 22 x 22 foot garage rather than a 22 x 24 foot garage to maintain a 10 foot separation from the house, and staffbclicNcs this can be achieved u ithout any variances. In summary. Waataja indicated that staff recommends the follow ing; 1.Approval of the rear yard setback variance to allow an attached garage and house addition to be setback 32.S feet w hen 50 feet is required due to limited aliemaic locations available for expansions, that the lot is substandard in si/e. and that the variance w ill not negatively impact the adjacent neighbors. 2.Denial of the rear yard setback vanance to allow a deck to be setback 24 feet from the rear property line w hen SO feet is required due to it not being a necessary component of the addition and that it could be relocated to meet all required setbacks. Denial of the rc.<r yard setback variance to allow a detached garage to be setback 5 feet from the rear property line w hen 10 feet is required because the garage can be shifted to meet the setback. Mr. Thics stated that, while he could appreciate statTs revised garage position recommendation, he voiced concern about backing out of the attached garage and bumping into the detached garage. He pointed out that he had attempted to shorten the garage depth knowing that there were tight parameters. With regard to the deck. Thies asked whether he could be allowed a landing and steps to the ground from the master bedroom if no deck w ere approved. Waataja staled that an access in and of itself is an allowed encroachment; however. Gaffron pointed out that it may not be an allowable encroachment in addition to a current encroachment. Rahn questioned what the hardship was to tear down one garage, build a new one. and add a second detached garage to the property. Hawn asked w hat the intended use of the detached garage w ould be. Page 23 of 29 MINUTES OF THE ORONO PL\N'N'ING COMMISSION MEETING Monday. October 20.2003 6:00 o'clock p.n: r«//> m-2957JOSEPH THiES, IISO niLLOWDRUE SOUTH, CmmtimmeJ Thies staled it would be used for automobile storage. Hawn. Chair Smith, and Frit/Icr a^ced w ith the staff recommendation. There wrere no publie eomments. Rahn stated that he w as not in fax or of the application, w ould allow for replacement in kind, and would not allow a further encroachment into the rear setback. On the other hand, Rahn stated that if the detached garage were moved to a compliant location, he would have no problem w ith it. Chair Smith asked the applicant what he would prefer the Commission do. Gaffron asked if the applicant felt he could gain additional space from the neighbor. Although the neighbor was hesitant to sell him land at this time. Thies stated that he and the neighbor have a *gentlcman’s agreement* that when the time come.s Thies will purchase an additional 80* from him Chair Smith asked the applicant if he would accept staffs alternate plan. Thies agreed. Chair Smith moved, Mabusih seconded, to recommend approval of Application 2957, Joseph Thies, 1180 Willow Drive North, granting approval of the rear yard setback variance of the alternate plan w hich eliminates the need for items #2 and of the request to allow an attached garage and bouse addition to be setback 32.5* w hen 50* is required due to limited alternate locations available for eipansion, the lot b snbitandard in size, and that the variance will not negatively impact the adjacent neighbors. VOTE: Ayes 4, Nays I. Rahn dbsenting. Rahn could not support further encroachment w ithoui a \ iablc hardship. (#12) #03-2958 Jl DSON DA^TO.N, 28851.ITTI.E ORCHARD WAY, VARIA.NTE, 9:35-10:05 P..M. Judson Dayton, the Applicant, was present. WaaUja reported that the applicant requests a renewal xariance to allow the existing oversized accessory structure to renuin on the lot absent a principal building and for it to be relocated to a conforming location in th«. rear of the lot Page 24 of 29 MINUTES OF THE ORONO PLAN-NING CONLMISSION MEETKG Monday. October 20.2003 6:00 o'clock p.m. <ni2) m-2959 JL DSOS DA YTON, 2U5 UTTLE OMCH4KD H A I. C0mtimmt4 Waataja gave a brief background to the histoo' of this parcel noting that the pre\ ious otK-nen of this lot received a variance which allow cd the bam to exist on the lot absent the principal building. The de\ eloper of the subdivision acted on behalf of the owners in the variance request in an effort to temporarily allow the building while the property w as being marketed. Ihe variance allowed the building to be oversized and conditioned that the building be moved to the rear of the lot w here it would be conforming once a principal structure was constructed. The building was never moved to this location and therefore the variance became null and void. The lot was never developed and the current applicant, who is a new owner and w ho resides on the adjacent property to the immediate west, is now requesting that the variance be renew ed so he can move the building as noted on the site plan and Resolution t<4297. Waataja identified several issues that relate to the original approval which needed to be reviewed to determine whether a renewal variance should be approved. The issues w ere as follows: 1. The original variance w as granted to the previous owners. N'ariancwS mn w ith the properly not the applicant. However, the approval was b.^sed entirely on the fact that a principal structure would be constructed on the lot in the near future. The resolution even re-defined wha! lot lines were considered side, rear, and front to clear up any confusion for when a principal building would be constructed. 2. Staff believes the current ow ner has no intention of selling the lot for development in the near future. The applicant has expressed his desire to keep the lot separate from his and no plans have been expressed that the lot is intend^ to be sold. 3. The bam, if moved to the location indicated on the site plan, would be conforming if the ^licant combined the lot which contains his residence to the lot which contains the bam. The applicant has stated he docs not w ant to combine the two lots. Based on the issues discussed above NN'aataja indicated that there were several options available that the Planning Commission should review prior to making a recommendation. Option 1: Because the original variance approval was based on a dwelling being constructed and that is not the applicant's current intention, if the applicant wishes to keep the bam, require that the lots be combined and the bam be moved to the location indicated on the site plan because its current location is non-conforming w ith respect to setbacks. Option 2: If the applicant docs not want to combine the lots, then require that the bam be removed and the lot remains vacant until it is sold for development Pate 25 of29 L MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. October 20.2003 6:00 o ’clock p.m. f§l2) §dS-2fSi JVDSOS DA YTOS, 2U5 UTTLE ORCHARD H A I. Ccmrimued GafTron suggested the applicants combine lot 3 with the homestead, although it would not necessarily be keeping in line with the original intent of the variance. Rahn asked what code staled for the presence of multiple oversize accessory structures. GafTron indicated that property owners are not allowed to keep 2 oversi/e structures on the same properly, even if combined, acknowledging that this would be the case in this scenano. Rahn pointed out that once the bam is lifted and moved to a new location it may also ha\ e to meet other standards as w ell. Hawn asked if the applicant had considered building a small principal structure on the property or constructing living quarters within the bam. Dayton stated that this was doubtful. He commented that he would hate to lose one of the few remaining old bams to more development. Waataja stated that the bam w as approximately 1,104 s.f in si/e. Hoyt pointed out that the neighborhood homeowmers association w ould not approve of the bam becoming living quarters. He reiterated that it was the neighbors understanding that the old bam would be removed. Chair Smith asked what other stipulations the homeowners association can make. Hoyt stated that the association must grant architectural approval for construction of a new home. Chair Smith asked what direction the Coirunission should pursue, since new issues might arise with the combination of the lots. Hawn suggested the ham be moved to one of the Daxion’s other vacant lots. Dayton stated that he w ould take this under consideration and w ould like to comply w iih the neighbors request to move it off the property line. GafTron stated that, once the two lots were combined, the app ' :ants might then be forced to apply for a second variance to allow for a second oversize structure on the property. In addition, further consideration would need to be given to height restrictions. Page 27 of29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o'clock p.m. Cl2) m3-2958 JUDSOS DA YTOX 2885 UTTLE ORCHARD WA F. CMtimmtR Rahn stated that he hesitant to approve any of the options presented by staiT s fcconmiendations without know ing the ramifications of the options. Dayton inied the Commission to take its time to consider the ramifications, which extends the life of the bam that much longer. Hoyt mtcijected that the homeowners association would care how long the City takes to investigate the options and reminded the Commission that no viable hardship exists to allow the bam to remain. Hawn asked what middle ground the Commission or City had in this matter to allow him to mov*e or not to mov'e the bam. Chair Smith asked if the applicant could couple this request to a request for combination. Hoyt urged the Commission to set a timeline on the present application. Rahn explained that if the bam cannot be moved w ithout filing additional variances, the applications will cause Da>ion to come before the Commission once again, which doesn't mean that the Commission will be willing to grant those variances. Although the applicant indicated he would combine the parcels. Chair Smith suggested the Commission table the request in order to allow the applicant and City time to investigate the options. Waalaja agreed that a timeline be set for just such determination. Gafliron recommended that the applicant, along with staff, investigate the questions raised this ev ening and rev iew* them at the next meeting. He believ ed that by digging deeper into the viability and rarnifications of each of the options, the City and applicant could make an informed determination. Chair Smith asked the applicant w hether he would be w illing to w ork w ith staff to resolve these issues. Dayton replied that he would do so. Chahr Smith moved, Hawo sccoodcd, to table Appikacioo MU-2958, Jodsoo Dayloo, 2885 Little Orchard Way, io order to allow time to resolve issues raised regardiog Che proposed options. VOTE: Ayes 5, Nava 0. Page 28 of29 MINITESOFTHE ORONO PLANNING COMMISSION MEETING Monda:-. October 20,2003 6:0) o'clock p.m. PLANNING CO»l.\IISSION COMMENTS (iI3) REPORT or PLANNING COMMISSION REPRESENTATI\XS ATTENDING COl NCIL MEETINGS OF SEPTEMBER 22,2003 AND OCTOBER 13,2003 GafTron reported that during the Sepleir.bcr 22.2003 City Council meeting t>fco pertinent items were discussed. First, due to the hesitancy of an> engineer to make an assertion about the lakeside deck and concrete reuining w all on the Maureen Murphy application, the Council moved to approve the deck :o steer clear of any liability issues. Second, there was some discussion and resident concerns voiced w ith regard to the impending house move along Watertown Road to the Bur.erfield property. Mabusth stated that both Planning Commission items for October 13.2003 w ere put on the consent agenda. («I4) OTHER ISSlES FOR DISCI SSION A Work Session will be held on Wedne?day, November 5.2003 from 5:30 -7:00 P.M. (#15) PLANNING COMMISSION APPROVAL OF .MINLTES FOR SEPTEMBER 13,2003 Hawa mmred, Frilalcr seconded, approving the Minnies of the September IS, 2003, Plaaaing CommissloB hleetiag as prrseated. VOTE: Ayes 5. Nays 0. (416) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON OCTOBER 27, AND NOVEMBER 10,2003. October 27 - Fril/lcr ADJOLRN.MENT Nc*.ember 10 - Rahn Hawn moved, Mabusth seconded, to adjovro the Planning Commistion meeting al 10:16 P.M. VOTE: Ayes 3, Nays 0. There being no further business to discuss, the meeting was adjourned at 9:40 P.M. Sandra Smich, Chair ?sge29or29