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10-06-1980 Planning Packet
I A G E N iD A PLANNING COMMISSION MEETING MONDAY, OCTOBER 6, 1980 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER Call to Order/Roll PUBLIC MEETINGS 7:30 P.M.#583 Development Group, Inc., 3701 Shoreline Drive PUBLIC HEARING - REZONING 7:45 P.M. #582 H. R. Johnston, 925 Willow Drive South PUBLIC INFORMATION MEETING - SUBDIVISION WORK SESSION ♦580 Robert White, '320 Woodhill Road - SUBDIVISION #584 Stuart Burniece, 1220 Tonkawa Road - PRD/SUBDIVISION APPROVAL OF MINUTES Meeting of September 22, 1980 INFORMATION ITEM Commission will be held onSaturday, October 25, 1980 at 8:00 A.M. at the Lafayette Club § I f •5 i . « I! r t a Pi I ; 6 ./fA> City of Orono^ Minnesota 6^* 41 S?* :=k: TO: FROM: Planning Commission and Council Jeanne Mabusth, Zoning Administrator DATE: October 2, 1980 SUBJECT: #583 Development Group, Inc., 3701 Shoreline Drive - REZONING Please review the Council Minutes of November 27, 1979. Council's approval of the project was based on the rezoning to B-4, preference for common driveway with church, combination of two separate tax parcels, attempt to save as many mature trees as possible and grant 10' variance from County Road 15. Planning Commission must now determine a reasonable zoning boundary for the B-4 zoning. Review enclosed site plan designating three proposed southern boundaries suggested by staff. The east-west zoning line should be a straight line allowing for a simple legal description. Any approval should be conditioned on the following; 1. 2. 3. Written proof that church agrees to share access and parking facilities. Proof of combination of two tax parcels. New site plan designating following: a) loading berth b) plans for bridge linking church property c) permit from DNR and MCWD approving said plans d) engineering plans reviewing affects on drainageway to south as a result of 11,800 s.f. of additional hardcover and possible need for a retention area on site. 2 m • !■ -•:i itr B k i ijf r' AEfiULAR MEETING OF THE OROHO COUNCIL, JIOVEf’BER 27, 1979 Page 9 Alan Olson, City Planner, entered into the record the plan for 3701 Shoreline Drive of the Development Group, Inc. dated November 20, 1979, which states: Since the last Council meeting, the Hennepin Soil and Water Conservation District has met on the site with the City and Developer and has relocated the edge of the actual wetlands as shown on the attached plan revised November 15, 1979. PLAN REVIEW 3701 Shoreline Drive 1507 Development Group, Inc The access location has been revised to natch with the new Theater road and an alternate exit arrange ment is suggested over the ditch to the church lot. The parking lot is 10 ft. from the road, as before, and at least 26 ft. from the edge of the wetlands at all locations except that the west edge is within about 10 ft. of the ditch under Countv Road #15. A separate memo addresses the zoning history of the area. The applicants met with Jeanne Mabusth and I, and have no objection to rezoning of this property to B-4. I recommend that the City initiate this rezoning and that the actual location of the zoning boundary be determined during that review. It will take at least 30 days to schedule the rezoning hearing. Assuming the property is rczoned to B-4 along some line to include all of this development, the following items are noted as part of the plan i.v.view: Assuming B-4 Zone Dry ground area - above staked wetlands Building ground area Parking and other hardcover area Percentage of hardcover 15,400 sq. ft. Building floor area - Gross - net (assume 10%) Parking stalls - required 1/200 - provided Loading berth - none provided 48,300 so. ft 3,600 sq. ft 11,800 so. ft 31.9% 7,200 sq. ft 6,480 so. ft 33 31 Therefore, this plan would require the following zoning decisions: 1.Variance for the number of parking stalls, now short two spaces. Mote, this variance could be eliminated if connection is built to the church parking lot and those spaces are utilized. On the other hand, if B-1 zoning were retained, the parking requirement would increase to one space/ 150 sq. ft. or 43 spaces, meaning a 12 space variance. 1 ( r.i ii- (Continued)I .<Er,UMR MEETItin OP THE ORONO COUNCIL, NOVEMBER 27, 1979 Page 10 .•i 2. Variance - front yard setback for narking 20 ft. required/10 ft. provided = 50% hardship is lot slope and wetlands location. 3, Variance - no loading berth provided. I ^ recommend that a berth be required and variance be denied. 4. 5. Conditional use permit - filling, grading and encroaching within designated flood plain - This variance is required if driveway connection to church is to be installed. This work also requires review by fICWD and DNR.^ _ _ ^ • * • * ' Conditional use permit is required for office use if B-1 roning is retained, plus additional variances for parking stalls, setbacks, use of residential property, etc. Rezoning eliminates these concerns. 6.Lot combination is required of two existing parcels in any case. 7.Special assessments - amounts levied include four commercial water units but no sewer units. Per MWCC formula, 7200 sq. ft. office building three units. Therefore, water is paid but we need three sewer units. Alan Olson memo dated November 21, 1979, states: The attached maps graphically explain the zoning history of the area south of County Road 15 and west of Casco Point Road. Julv 10, 1950 Town Ordinance adopting first zoning-entire area included in CASCO POINT DISTRICT which was defined entirely residential. December 17, 1954 Village Ordinance No. 1 adopts all Town Ordinances. * March 28, 1955 Ordinance No. 3-Conmercial designation on Nest 250 ft. of Lot 7 only September 5, 1967 Ordinance No. 93 (1968 Rezoning) Ordinance No. 3 - Commercial District changed to B-1; all residential to R-ID. PLAN REVIEW 3701 Shoreline Drive (Continued) (Continued) sfibai I JJGULAR meeting of the OROMO council , NOVEMBER 27, 1979 Paqe 11 neceraber 19, 1974 Ordinance Mo. 172 (1974 Rezoning) Adopted official map showing B-1 all the way between Casco Point Road and the wetlands. Legal descriptions drawn but not published include a rectangular‘area of Lot 6. - February 28, 1977 Council was reviewing Navarre area commercial zones after creation of B-5. Conceptual approval was given to rezone from B—1 to LR~*1C, the south portion of the Northwestern Bell property on Lot 7, but no resolution nor ordinance has ever been adopted to implement this. There has been no other zoning action affecting this or adjoining property in the history of the City. Council Meeting - November 27, 1979 Mr. McQueen, Mr. Jchn Nelson, developer, and Mr. Louis Oberhauser, attorney, were present. Discussion included rezoning, parking area, and a common driveway with the church. Mayor Van Nest moved, Butler seconded, to conceptually approve the plan before us with the recommendation of a common driveway with the church, if that is not acceptable with the church, a variance will be granted based on the hardship of the narrowness of the lot, contingent on a rezoning application of B-4 for the front of the lot and R-IC for the back of lot, combination of lots, ' to save as many trees as possible, and a 10* variance from County Road #15. Motion, Ayes (3) - Nays (0).- Alan Olson, City Planner, entered into the record the following concerning the 1979 commercial dock license for the North Shore Drive Marina, dated November 21, 1979, which states; This memo is in response to Mr. Douglas' letter of November 13, 1979, delivered at the last Council meeting. I respond to his numbered items; 1.On June 25, 1979, Mr. Douglas delivered to the City a copy of a Harold Olson survey dated June 5, 1975 as revised April 18, 1979. PLAN REVIEW 3701 Shoreline Drive (Continued) * •• : fI NORTH SHORE DRIVE MARI». 1979 License •I (Continued) A- 6- cisco row’ I * I mm HC 1233 PROPERTY OWNERS LIST / I DEPARTMeNT OF FINANCE A-609 GOVERNMENT CENTER MINNEAPOLIS, MN 95487 u O’ ^ I CtRTIft THAT TM6 FACTS REPRESCMTtO r,AND BELIEF. HENNEPIN CO. FINANCE DIVISION FEE OWNER ^/MoC TAX PAYER/ MAILING ADDRESS 2o - // 7 - 7- OATE^~^'^^ • PROPERTY ADDRESS C>0-2.^ JtL M. 3ah. J^}::1----y.Z^ '■S . ^----- I I - ------------------—---------- I ^ - I jUjtJf/Mf A. _____ ''Tuom^* /A 7^^Zi> AxyytMS. ^ I7t4.fi/t4^tri>9>/ A' %rt^'Zl4 A. Aotifssyf ^ MLuiUniyrfr 7!^f/£LA/a£t^/)f-----I^Ll. 7'^L yL --------------------------------— ^ Sc^$^ /V>^ * ^7 /’i)/ — ^ ^ A ^ •=}/py^2£- S^/tge" 7^ -//7- 2.<l - eV'^ / Au^ilL£^ OL ^ <jyfy/7 ^ ct Af ^f' £V>1 P. i^-.l/_ ULB.i^l£^ QC Ji/t^Yzy^/7P j ‘2.4^4^ Sr ------ 2.4 -L^r J. Srjo///Y4/2P j 0ey0z/A^sif/ / jc [-AkAAteJt S: Z/e.A^r-y.y \ 2.4 Frr/7£TicJ^ oo-'Z,L. <ptf 2 7. O tfTPf, . ' c L>g^ - £>o JO - <po J^ op> )C> . OP )"- C -M 2 4 ZP - /Pr.f^iLiiBrriy -------1 ^^/.J.y 7 2.44^4 ■ ^/gesaaiJSr---------\op/_.S. CTJH* ~ r » ■—-^ — ------------------ 1 I 'A'-*'c>o /S • £?^£> J6> t 0^2^ 'ACTS SEPRESENTEO OH THIS CCUHATE AHO TRUE REPRC” atioh as it appears this \ OP THC HEHHEPIH COUHTt the rest OP MT RHOWLEOCE ;E DIVISIOM i OPERTY ADDRESS £>£>'2.^- ^ A SAf/2f^ i?o2 7. * c J oo J£> ^ .■^je?y99£r s/fjfge'____________ Oi? )L J 0£> £££_^.r /1 ‘ - » Sjtl ____ <g>o /^.f £>o/S r'JyA JC> ^O/tofT gyg> ^ 2> HC 1233 PROPERTY OWNERS LIST DEPARTMENT OF FINANCE A-60S GOVERNMENT CENTER MINNEAPOLIS, MN 55487 S““"i=s=SMDATE OH THE RECORDS OP THE HEHHEPIH PINAHCE OIVISIOH. TO THE REST OP MY KHOWLEOCE AND RELIEP. HEHNEPIH CO. PIHAHCE OIVISIOH "/'y LIST FEE OWNER TAX PAYER/ MAILING ADDRESS //-7 - -2,^ PROPERTY ADDRESS X __________________I / X ^ —I— I f^74ti>cm? C OTfQ II » Ml ilM» t>l» ' TO; FROM: DATE: Planning Commission and Council Jeanne Mabusth, Zoning Administrator September 16, 1980 SUBJECT: 1582 H.R. Johnston, 935 Willow Drive South - SUBDIVISION PUBLIC INFORMATION MEETING - OCTOBER 6, 1980 Mr. Johnston's illness has brought all discussion on sale of City land to a complete halt. Staff has not received the septic testing information for lots as required. We recommend preliminary approval be upheld until the land sale is confirmed and the septic testing submitted and reviewed by appropriate staff members. HC 1233 PROPERTY OWNERS LIST DEPARTMENT OF FINANCE A-609 GOVERNMENT CENTER MINNEAPOLIS, MN 95487 LIST Size I CERTIFY THAT THI CERTIFICATE ARE AN SENTATION OF INFORMATION AS IT ARREARS THIS DATE ON THE RECORDS OF THE HENNERIN COUNTY finance division , to tne dest of my KNOWLEOCE AND DELICF. HENNERIN CO. FINANCE DIVISION DATE FEE OWNER TAX PAYER/ MAILING ADDRESS PROPERTY ADDRESS ID S-5 T- 117 E-23 $ 0(0- 33 /a^ -^/fau/fy^ ^o. S./ s-4 '\'\n 'VL‘'Z3 aa- 44 e>, Ji^J9t.4.jrsrAfi ^kA^yz/rra^.j^ Yfo -OLOY^ycrzi Kd^______ . _.3 S-^ ‘T-/I7 'E-'23 Qq- II /am> 5 2. • Qa - /4 )•ft13//Z72, ''• '/ S-!0 T-/J7 Z-23 • * • *OQ’Z/ •f- ^ titj .-'hj JS 4m^-y)yz-Y/—3 j • ^ Af W U/4yZjfy9 UY/Ij-Zito /3<>T 4‘'^90Y Q.Q-ZZ Uy/fyz^f?^ ' ^(44. Pa. 9. 909^/z 0 '^jA/y7£‘4 y/ 0 -Jfi • ^ & 4-^ i H . # 4T r A ^—— A K-7 14, f. JounAfory J/f f !U_ Qa -z4* _ 1 # iPn./.e^ Pj A 5! 5f9^/fZ. f </<gAr>v /7t Ad.*. dr<-.a^/3 1 1 •--------------------,g 7 • u-ft\f=cL'r' "VTP-OTBrry- / # ^#584 TO:Planning Conunission and Council FROM: DATE: Jeanne Mabusth, Zoning Administrator October 1, 1980 SUBJECT: 1584 Stuart Burniece, 1220 Tonkawa Road - SUBDIVISION Application - Sketch Plan Subdivision - 2 unit P.R.D. Zoning District - LR-IB 1 acre minimum lot size Area - 6.5 acres Sections of Ordinance to Review - #38.600 ~ .640 Mr. Burniece's application involves a PRD for two residential units of 6.5 acres. There appears to be at least two to three acres of wetlands. The density ratio will be two units to four acres, ordinance requires two units to two acres for this LR-lB zoning district. The unique shape of the lot and the location of wetlands prevents a formal two lot plat. ACCESS ~ both units shall be served by existing access ~ only one curb cut - County must review access. WETLANDS - approximately three acres - City to require a Flowage and Conservation Easement taken over area. BUILDABLE LOTS >Note the lots have the required setback already designated. A house could be located anyw’ «?re within the confines of the lot and meet all setbacks. Existing house on Lot 1 can be recognized as a legal non-conforming structure and if destroyed by fire, etc., new structure must be located out of the 0—75' lakeshore setback area. Opeh or commons area shall appear as outlot. SEWER - City must approve a new sewer unit for Lot 2. Because of the wetlands and flood plain involvement of the majority of the southern portion of the property, we recommend a front footage charge of 180*. DOCKS - Staff sees no problem with each unit having a separate dock based on the total lineal footage of lakeshore. I - SUBDIVISION LOCATION OF PROPOSAL (or property) Address /^ Legal Description APPLICANT MamA .,>7 y />. * Mailing Address _ _ _ _ _ ___ ___ _ _ _ _ __ _ __ OWNER Name Mailing Address Tel # Subdivision S150 + $10/Lot ^^Conditional Use Permit _ _ $30.00 ^j^SO.OO Rezoning $250 Vacation $100 (h^nimuE. 4z=M fFEE Dafce Rec' d Present Use Present Zoning ^ zoning Ordinance Section Relating to Request Specify Ordinance Requirements —^JAAA. Explain your request and reasons for same residential units of ree acres of wetlands, ordinance requires ict. The unique shape formal two lot plat. cess - only one curb uire a Flowage and etback already designated within the confines of listing house on Lot 1 conforming structure and tructure must be located k area. Opeh or commons 2. Because of the B majority of the nend a front footage J a separate dock based requUed - ex^ Side Width - - Rear Other, explain Specify hardships to property SUBDIVISION application Residential Other, explain — No. of Lots_ CONDITICMIAL USE AND OTHER - explain proposed use of property in detai. minimum MATERIAL NECESSARY FOR CO^LETE (Must be submitted 10 days prior to Planning Commxssx 1. Application completed 2. Plat map section 3. Certificate of survey of property sketch location and setbacks of proposal 4. Construction plans, if applicable Hennepin Co. Dept, of Fxna A-603 Government Center _ stan,ped, legal siaed envelo^.^ pre-addressed to each of the on the above list. - •> DATE y.r • r DATE ■J&JJjL )ATE- - - -- - - - - - - - - owner's signature 'oTTequerted bv- Applicant hereby agrees to provide all information 4 planning Commission alld ?^uicil^^ceisa“^?o'procLr?hirappU and further agrees to pay all fees as established by ordinance. 5/78 ^4 ' ^ / .!■; :• . • ♦ » t *• - ’ • » {......................... I . » »• * .V * r ;! •!» C . ! r . ?. * «I rr «r fiM ^'lrv,i L.^..rkkTkM __ V. . «A. •»#584 i’./. Ccrtlfi'-.i 5Vr ^tvr rl ^ f* • ••• • I < . % 4. “S* '^f * •: cf^*^3 I ^ *n !<r>t 9, :.u::!t*^-*r .'*’ir>c’*v. »- . T_7 ..or.:.c:Ir. (V-;:.*;.*, liM.tcrvu J “‘rt''" *r.i; If i \ru. hj.’" f” rr'*t rv' T^r'i * fiMuf' », c • 0. • * I • , r ♦w. »•••» •• W - • to - , 4 *. % . ............................. . trt *. -t. r'" ■-•, A-. 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CALL TO ORDER 1. Call to Order/Roll ACTION ITEMS 2. #492 Louis Smerling, 2683 Casco Point Road -CONDITIONAL USE PERMIT 3. #541 Ministers Life Devoiopment Company, 1484 Shoreline Drive PINAL SUBDIVISION (Resolution) 4. #555 Cortlen Cloutier, 2480 Casco Point Road - VARIANCE & CONDITIONAL USE PERMIT 5. #578 Charles Carl, 3685 North Shore Drive - VARIANCE 6. #579 Fred Harvey, 3580 Wayzata Boulevard - CONDITIONAL USE PERMIT 7. #581 Richard Lorge, 2697 Casco Point Road - VARIANCE WORK SESSION #580 Robert White, 320 Woodhill Road - SUBDIVISION 9. #582 H. R. Johnston, 935 Willow Drive South - SUBDIVISION 10. #583 Development Group, Inc., 3701 Shoreline Drive - REZONING APPROVAL OF MINUTES 11. Minutes of August 18, 1980 / ^ 4e V- h^o City of Orono, Minnesota LTIs^s. b' sr P®! TO: FROM: DATE: Planning Commission and Council #492 Alan Olson* Village Planner August 25* 1980 SUBJECT: Variance - Beverly Smerling* 2683 Casco Point Road On July 2* 1979* Mrs. Smerling applied for a conditional use permit to ^rform grading and filling in restoration of the shoreline bank which had suffered slippage in the spring rains. Smerling proposed a completely submerged soil retention system with no visible structure* only plantings on the surface. This was approved by the Council on August 14* 1979. Smerling*s contractor proceeded to do the work* but did not follow the approved plans. Two wood retaining walls were placed part way up the hill. One wall is exposed about 18"* the other about 24". Each wall is about 20 ft. long. Plantings were conpleted. Upon inspection this spring* the inplace work was found. A Stop Order was placed because the work was not in conformance to approved plans. Sm0rlin9 h^s now applied for an amendment to the conditional use permit and a variance to 31.700 & 34.202 to permit keeping of the retaining wall structures within 75 ft. of the lake. The contractor doing the work (Kelly & Kelly Inc.) feels that because of the 60% slope, the retaining walls provide better stabilization than the original subsurface design. It should also be noted that this same concern was voiced by the City Engineer iii review of the original application. In summary, this review is a requested reconsideration of the plans approved for application #492. The options include approving the changes (finding necessary hardships, etc.); denying the amendment (forcing compliance with the originally approved plans); or some compromise solution between the above. ii CO Point Road nditional use permit to tie shoreline bank which rling proposed a completely structure, only'plantings il on August 14, 1979. but did not follow the placed part way up the about 24”. Each wall IS found. A Stop Order ice to approved plans. i conditional use permit ling of the retaining contractor doing the the 60% slope, the in the original subsurface concern was voiced by Lication. (ration of the plans Lude approving the changes 1 cunendment (forcing or some compromise ZONING VARUNCE APPLICATION CITY OF ORONO r.O. Boh M. CryaUl Bay. Mlimaaota SSStB 473-7SS7 mmuiCTlcmS: fine mi thm aetacKti Infomeien fHooe. Complmf 1cm I • 13 {Tfp9 «r friac). If Moisi^ •ccadi loetor »r ochor ififonition c^ Wcecr incriW your ro^vooe. Incoaplot* •pylincione vlll PROPERTY ADDRESS Lagal SaaertftlaH ahal^Bo al APPLICANT Urn ana will not Bn aecaytod. •ceikcHci fmtj« tshikie 3 _ ^ T 77 -/frO Miliug Aiimi If Byfllconc la not Moar. noplala 3. OWNER ( NilllnB AMraaa Date Property Acquired . i , -- - - - - - -- - - ^ , j I (d^ (do not) also own other adjacent parcels of land AGENT ------------------------------------------------------------------------- LIST OF EXHIBITS # Ddocrlptiea f IniCiol Applicoclim ■uflC iaelt»d«: 1 ApplicaelM Form 2 Fnp«^fty IWndi** List 3 ___ Ccrtlficdto of Swr 'fn lUcpipC # lhit« lUcoivoi Staff Infomarta^^^ ___ flat Hap (Honth/Toar) Inventory ___ scoff Goimneo Other Infomcion Fito Itollini Aiimo 5. NOTICES IhonM Ba aaat fen: Applicant — 6. PRESENT ZONING USB DISTRICT LA* 9 C 7 . PRESENT USE *aal4antui —^tOthar)---------------- Donor Asont Voeonc looi FoconC Builiiiis(»)Dectipioi •uiliing(o) 8. DESCRIBE RBtJOEST ESTIMRTED CONSTRUCTION COST $ _ aataBUaB naa naa ^ aantlnua nr napanS anUtlag naa __BulM nan ___aM an •» —M new ^ ewe m Dcaerlbe request in detail: __^ !\ .'■X' l.iA il't- f:\KC li'/y 'l>'iJ>L ^ AvTiy.t^r 9. VARIANCE(S) t. tw .".i lot Area lot WUtB SatBafek C____ sirsi f/ ^scribe UNDUE HAWHUNDUE HAROSHV on atrlet aniP^CTICAL pi^ICULTY mauitw *' m // i mJAk ~ f//\ 12. Describe EFFECT OF PROPOSED WORK ^ <PlC GC ii /Ol’/ VA jhn-. iRK an oalfeliBv^ P hi::4^'dILuTiu jj f ^ 1.1 it ' and ttie PROPE|^The APPLICANT and the PROP ^ llio APPLJCAinr lierthy oproeo Co proviie oil InforMCion re^Mlrei er reooeecei hy the Sontng AAoinletrecor, egreoe to pop ell foeo oni/or ioiuoimI etepeneee iiBcunred in review of opplleetlon, oni eer^flee Chet the Inloneetlcm eupj^^lhi le true oni rorrec^tof the hotC of hie ImewleOfte: OWNER must sign and «nte this a •nf acksHMl ---------- DIa aut^laaa raaanaaBla ***^ T*? ***^jS^'* ^ fe* CItT atafl, aemaultanta, aganta, aaa»laalpn n^^y* •la ^r. far P«m— •» »n*aa«U.tf" werKIcatlon af tBIa rannaat ’ fUt-"•i ■ il Apyfloant's Signature /iDate /Owner *0 8lBiiatiii*e Date hAYi^ ni^roMK iMAUHiNc REGULAR MEETIWG OF THE ORONO COUHCIL, AUGUST 14, 1979 Page 12 City Planner Alan Olson's letter of July 26, 1979 to Mr. Robert Pope regarding the First National Bank of Navarre was reviewed by the City Council. BUILDING PLAN REVIEt^ 2465 Shadywood Road 4491 Navarre Bank Nobody was present to represent the First National Bank of Navarre. Discussion included the encroach ment into the LR-IA residential zone of approximately 50* on the site plan for the parking lot instead of the approved 10* variance. It v/as also noted that the conceptually approved plan contained 9,600 sq. ft. for the new bank and not including the dotted line "alternate building" addition. Staff was also directed to contact the Bank to pursue a driveway pr-rr^'iction betv;een this property and Super Valu. f •^*0’ • ■ ,*» •V J Mayor Van Nest moved, Massengale secondtsiiv to clarify the conceptual approval of a 10* variance rather than a 50* variance, as in letter, for the parking area for the First National Bank of Navarre. Motion, Ayes (5) - Nays (0). Mayor Van Nest moved, Hurr seconded, to table for two weeks the approval of building plans for the First National Bank of Navarre in order to notify the applicants and request changes in parking locations and/or building size so that all develop ment occurs in the B—4 zone. Motion, Ayes (5) — Nays (0). Mr. Alan Olson, City Planner, entered into the record the conditional use permit request of Louis Smerling, 2683 Casco Point Road, dated July 16, 1979, which states: CONDITIONAL USE PERMIT 2683 Casco Point Road #492 Louis Smerling Purpose - restore lakeshore slopes to original grade and to control erosion. The applicant has held up his conditional use application until the Alexander Holzer permit was completed. The long delays involved with his * neighbor's application and the heavy rains of this season have created a greater potential for additional erosion of the steep banks of his lakeshore property. Staff has called for action on the application for thd July 23, 1979 meeting. The enclosed letters have been sent to both the City Engineer and MCiro for review. The project involves a 32* long area along the bank. The supporting timber structure or "retaining wall" will be subsurface with the necessary plantings above. I have only one question that I will direct to the City Engineer involving the temporary step after seeding or covering the bank with a plastic and fiber mulch. The rest of the project appears to meet code. (Continued) ^GULAR MEETING OP THE ORONO COUNCIL, AUGUST 14, 1979 Staff Update - Alan Olson - July 30, 1979 On July 26, 1979, Alan Olson and Glenn Cook met with Jim Orr, Mr. Smerling's engineer, on the site to review this proposal. The bank has slipped with the remaining soil on about a 60^ angle which definitely needs some stabilization. Mr. Kelley's letter suggests one "retaining wall"; however, Mr. Orr notes that two or more subsurface stabilization walls may be necessary. The purpose of these buried "walls" is to contain new fill so that vegetation can be reestablished. The vegetation ’will eventually do as much or more to limit future slipage than will the wall. Staff expects a sketch plan and section of the proposal before the Council meeting so that the project cem be visualized. We also recommend approval of the proposal without further delay. The original slipage occurred last summer and should be repaired before another winter freeze. Staff also recommends that Council consider an amendment to the zoning code to permit staff review and issuance of permits for similar corrective work. This will serve to permit quick response to emergency shoreline protection. Particularly where the work involves no permanent exposed structure, staff should be allowed to permit necessary grading and/or filling to stabilize eroding bluffs in the same way that we now issue routine riprap permits. Coxincil Meeting - August 14, 1979 Mr. t Mrs. aserling %#ere present. 0 Massengale moved, Paurus seconded, to accept the plan as presented by Louis Smerllng, 2683 Casco Point Road, for a conditional use permit to xestore his lakeshore slope to original grade and to control erosion, subject to no guarantee on the part of the City that it is a workable plan. Motion, Ayes (5) - Nays (0)• Butler moved, Massengale seconded, to direct staff to prepare an amendment to the zoning code to permit staff review and issuance of permits to residents for the control of the erosion of their shorelines. Motion, Ayes (5) - Nays (0)• Page 13 CONDITIONAL USE PERMIT 2683 Casco Point Road (Continued) EROSION CONTROL #49 mK di-ns- >oiAT’5H t 1 • ' I • % ^ . V. _ • K» ILi ,.j( "',''\ -'i. .'-^ . Jy • ’#r f ' ■ ‘ '4t^)SCKW «Mm» I*.#’***B1<J?^10Ki tePAJfs^ '•'' *1 \ \« «•'»’«• tl90 I OfiffM/Mc /f?i N il.-' • ‘ ^ ' I I:r'L\'>ir* .Jk. "• ■>7/1 ^ O O O' ^ 8<^jHo»v<»#wiirr • <»4-.|WJflKV (g,* © rb«.T(«^ a>^. ^HM.^.lU.,JlJ,>.t. M>)MS,sii-t,^T.<r © fc. s»^Iseig *W9" LMl »•»» W. MM» ««• • •^,*11 •at ^ • iF #541 TO:Planning Commission and Council FROM:Jeanne Mabusth, Zoning Administrator DATE:September 17, 1980 SUBJECT: #541 Ministers Life Development Company 1484 Shoreline Drive - FINAL SUBDIVISION The developer has satisfied all the conditions of final approval Staff recommends final subdivision approval for Green Trees on Tanager Lake, a 6 lot plat, subject to the enclosed resolution. ». t)RONO I City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ _ A RESOLUTION APPROVING THE PLAT OF GREEN TREES ON TANAGER LAKE WHEREASr the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the applica'tion for a subdivision plat by Ministers Life Development Company, a Minnesota Corporation, the subdivider; and WHEP£AS, the Subdivider has completed all requirements of the platting regulations of the City, including: 1 2 Dedication on the plat of drainage and utility easements. Dedication on the plat of rights of way for public streets and roads, shown as County Road No. 15^ , Creation of a new private road shown on the plat as Outlot B, to be known henceforth as Green Trees Road. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement (Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlot; the ' Subdivider has created non-exclusive ingress, egress, drainage and utility easements (Exhibit B) over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 4.Dedication to the City of an Open Space Easement (Exhibit C) P^oyi^i*^9 for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as "drainage easements”. 5.Execution of a Declaration of Special Building Setback Requirements (Exhibit D) creating a special building line setback from County Road 15 for Lots 4, 5 and 6, Block 1. PAGE_/of ! •• i ‘ City of ORONO m4 RESOLUTION OF THE CITY COUNCIL NO. t>RONO: k 'in*M 6.Execution nf a Subdivider's Agreement (Exhibit E) providing for installation of certain improvements as a condition of subdivision approval. Payment to the City of a Park Dedication Fee in the amount of $800.00. 7. Payment to the City for legal and eng'ineering fees in the amount of $375.00. 8. Payment to the City for one street sign and one stop sign in the amount of $150.00. NOW. THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Green Trees ^ Hennepin County, Minnesota; subject to the following conditions. 1.Creation of a private driveway easement in favor of Lot 3 over Lot 2. 2.Creation of private utility easements in fa,vor of Lot 3 over Lot 2. 3.Riparian access for Lots 4,5 and 6 shall be as follows: Lot 4, Block 1 is riparian to Lake Minnetonka via Outlot C. Lot 5, Block 1 is riparian to Lake Minnetonka via Outlot D. Lot 6, Block 1 is riparian to Tanager Lake via Outlot A Outlots A, C and D are permitted one dock with a limit of two boats moored or stored on land. 4.The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office together with a certified original copy of this Resolution and executed copies of Exhibits A, B, C, D and E as noted above. day of Adopted by the City Council of the City of Orono on the , 1980. William B. Van Nest, Mayor ATTEST: Walter R. Benson, City Administrator PAGE OF -S. I I . \ k . I TO:Planning Commission FROM:Alan P. Olson, Village Planner DATE:August 13, 1-980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road - Variance fc Conditional Use Permit On June 23, 1980, the Planning Commission recommended denial of a guest house conditional use permit for the Cloutier boathouse, and denial of a variance requested to permit expansion of the existing second story structure. After the Planning Commission meeting, the City received letters from neighbor Wilbur Anderson and from former building inspector Mike Scheller. These were reviewed at the Council meeting of July 30, 1980 at which time the file was referred back to the Planning Commission for additional review of the facts. Cloutier verbally contends that the existing second story of the structure was previously authorized. The City files contain a permit record for a "30 X 20 bOwthouse" only. There has been no permit issued for utility service to the building or for plumbing or heating. There is no assessment for anything other than the main house. In addition, the Scheller letter now states clearly that he issued the permit and inspected only for a single story boathouse. • Planning Commission is asked by the Council to review the Anderson and Scheller letters, the attached Minnesota Supreme Court case, and the planner's memo of July 24, 1980. Mr. Cloutier was asked to present any new information he may have to document his position. If he does so. Planning Commission should consider that as it compares to the official City records. After review of all new information, Plemning Commission is asked to make additional findings and recommendations for final Council action. ZONING UPDATE - SEPTEMBER 18, 1980 The Cloutier application was to be reviewed at the Planning Commission meeting of August 18, 1980, but applicant asked that it be tabled un;.il the meeting of September 22, 1980. I advised Cloutier that Council >4d set a deadline of September 29, 1980 to complete the review of his conditional use permit application. We agreed that if he could not meet the deadline for all new information that he would write a letter asking Council to consider additional delay. I have heard nothing from the applicant and have scheduled the application for your final review. f**ri!r..f l .i • Cl III;* I * t I 1, ti.j Cm! o: *• It . I • f • . •/ * . I .T •«!*, •*^^«* I ^* •**>*#555 » . « .Vi • tr.* * \ :#*ii 4« t . . rCiA /• * kuZ • . «r ' .•!;•«# tuwL&J .. . »r t. r«<ti »9i wcru^i it. Ccffir. h-,% * . *^v 4 uit J M.'tremor «r.J r'l'.v*<r mTU* Wk4*« Kirjifs'.t* ■wwiiiaii* Jeanne Kabusth Zoning ConTi* Ada* Orono City HaU Ciyatal Bay, Mi. rs'B’S'r 55331 The Orono Building inspecter, Mike Seheller, stopped at our h<»e about. Msy 1, 1971 • He inromed us of a boat house going up on the Qoiitler property at about 2480 Casco. pt.M, He stated that It was to be of oenent block construction and to be laiderground and capped off with a deck. He asked If we wouldhaTe any objection to a structuw such as this. Both Naurine and I Questioned hin about the former atten^t at this construction, not having blocks up to code and the failuxo to obtain a permit. Mr. Seheller stated that the new construetlcn would be brought up to code and that a permit could be issued if there was not any neighberiiood objection. We agreed to allow the eonstructlon as stated above and within the limits and validity of the permit which was to be issued for five hundred dollars. When the oenent blooks were cappfid off at ground level and tho deck (and/or roof)boards were nailed down, sy understanding was that it was eeqilete as per agreement with Mr. Seheller and within the full Units of the permit. 1 3555 Frederick St. Waysata, MI. 55391 Jevm* ^^sth Zoning idminlstrator of City (to or about Hiy 1^1971 I was notified of construction being done on the property of Cortlen Cloutier of 2if80 Casco Point Rd. Mo perait had been issued by the inspector at this tine* When I arrived at the scene, the bLoclwork had alreqdy coUapsed due to XMXm e«rly back fill, rain the night before and non eonforming (8) eight inch blocke. When I talked to *lr Qoutier about the coUaj>sed structure and failure to get a building perait, he stated to me that it was a ground level boathouse, and that the material cost would not exceeed I500.00( ^ive hundred Dollars). I went to several of the neighbors, among them Wilbur and >iaurine “iwJersen at 3555 ft^erick St, and they said they would have no objection to a ground level boat house. With this I issued a pmalt # 2495 for $500.00 ( Five hund^ Dollars) in materials at a fee of |5.00( five dollars). When the concrete BLook work was finished, comprising ofl2 inch ELoek, end the boat house was capped off, I checked it out and assumed that it was coBg>lote as per our agreement with lir. t!loutler, the rate of fee for perait pald^and the negotiation I had with the Neighbors. Former ^uUdlng Inspector Notarlsedt Juno 25- I960 1980 cAnJetien ••OlAai w »4C — aeiaim^rA COUNff My cofiwWition fwk. 4, 'KT'ip*' 19^Notaryi tTER.U SI here meet any «omtil inted out in the Smith * * * whatever iibe^ iatemt ' be argued to axiat^a the footer lily is significanUy wjAw in the emovalo precedingjmnrn to the aat parent, and the hXnee of doe rests must aoeoningty be difl^nt" U£. 853.97 2111,58 LA2d 87. ire a diild been placed^ a fester as an inMt and has leduned there laMSt Wyears, aaei^his r on wy infrequenUMcasioas, it is i] thara foster famijf should hold the in the emamnal life of the child and fulflU ]p same functMO-as ual family, njfm. sure that ail I and oounseliwe aware of this, kal ieality. ertb''f'w.Xm rights and relation home, albeit for foster-|^knt plaee- ent. which is nc .inteoM to rmanent relatimhip between IMTcnts and a ehil^^Tbe agreement mtablish the la^ relationaittp l»> the welfare dejCrtment and fi ^ a sohetaaj ^foster parents in, liM placed in § 257.07 and ttf dear-. Iong«reeognise^fhts of See, e g.. Kum r. Sadr- U.S. 510,45/0.571, 69 1070 i). case is accordingly nmanded tollch- County Juvenile 0|ort for further , p. We would jne counsel to set n writing the ^ief aought, in order riy define tbe^ues before the oourL the writ 9 |mwiK«m«e>Mr ITASCA COUNTY v. RODENZ auMSUN.wja«s Minn. 423 ITASCA COUNTY. Respondent, V. Harvey RODENZ, Appellant No. 47862. Supreme Court of Minnesota. Jnly 7,1978. f County sought order directing defend* I ant to alter and remodel lus boathouse hr* I e^tod on lakcshore so as toconfwnj_to I aoun^^n^dn^^erdinanco^^TP^^^Wistrict ^jHJJt^Usa^iminty^JoC^X ^lellaey, J., found that defendant’s boathouse was in violation of ordinance and ordered defend ant either to comply with ordinance or to obtain a variance, and he appealed. ^ Supreme Court, Otis H. Godfrey, Jr., Acting Justice, held that: (1) publication of soning ordinance for county was in substantial 8. Zoning m^TTS Injunctive relief was proper where building was erected on lakeshore in viola tion of a valid toning ordinance for county. Sy//ahiis by the Court 1. The publication of the soning ordi nance for Itasca County was in substantial compliance with the statute. 2. Injunctive relief is proper where a building b erected on a lakeshore in viola tion of a valid zoning rn^inance. Hall, Byers, Hanson, SteH A Weinberger. St Cloud, for appellant Leif Nelson, Asst County Atty., Grand Rapids, for respondent Heard before PETERSON. TODD and GODFREY. JJ.. and considered and decided by the court on banc. OTIS H. GODFREY, Jr., Justice.* iriU. to U,!. eu,. lUK. Coanty «»igh. . «»rt -u pwptt »b« 4.feiHi.M. HMVty Hod.™, od on lakcshore in violation of valid aomng kU (vnthouse located ordinance. Affinnod. L Zoning ^185 • Where notice of hearing on proposed soning ordinance Tor Itasca County, al though faQing to nse statutory language ^intention to enact.” nevertheless indicated that ordinance was recommended for adoption by coun^ board, and copies wore made available for Inspection by public at officeB of county auditor, town derk and soning board, publication of ordinance by title and resolution number only was in ...k«ito.iHtol oompliance with statute. M.SA. I S75S1, subd. 8. 1. Municipal Corpomtions e»110 Purpose of publication of ordinance b to give public notice of provisions of ordi- to alter and remodel hb boathouse located on the shores of Lake Pokegama, so as to conform to the county soning ordinance. Defendant challenged the validity of the ordinance and also claimed that there was no showing of irreparable harm or actual violation of the ordinance. Jbe trial cou|L found that defeadm^Be^aBejmjft, WlaliWf 51 Uie.oEdiBaacfcMil antep» it- SgaanTelfRCT.to eom^ eritb the ordinance *4|^roi^SaOudgmnt and order. We aftirm. The Itasca County Board of Commission ers adopted a comprehensive soning ordi nance in November 1972. Section 559 of the ordinance provides: “Boathouses may be placed on water fronts provided they do not have a dwell ing unit or interior sanitary facilities and the maximum overall height of boathous es shall not exceed one story or 16 feet • AeUaB as Justice of the Supreme Court by appoimmcnl pursusM to Miiio.Coost art. 6, I 2. and Miaa.Si. 2274 sUbA 2. f ^/Ustf= 424 UHOL 2*8 NORTH WESTERN REPORTER. Id S! No M«a»l.iaN.WJd»I(lJMV talk.*. 2JSS be “"** oHin^ ftr m ^ tiimi tKe k>w€it float induding bocment eounty* f 87551, wbd. 8, floor*. • Im* th»B three (8) feet •bove the tioB of the tiUe Mid » owi^. tk« known wnter level. Dodu and' better pmetiee would be to indu^ more .^k^DiojeeUoiit into the water ehall detail than wai publUhed by Ito^ Cwnty. oUe yard aetbadi equal to we are eatiiried that the public that required in the applicable loning di»- quato notice of the beani^ and of the en- triet and thall be parallel with an cxton- ,Jctinent of thewiinfordinance tioii of tb« »do ywri lot HottMm ox lot woe y*m into the water ehall not eaeeed a diitaiiee greater than one-third (H) the lakeehore frontage and ehalUn no care extend fifty ^ __________ (50) feet beyond the ahordine. _ | ^ oontinuous nature of the violation, file finance pWmWa [hk erection ol a^ ^ injuncUve'relief granted to the county fltructure, other than a boathouee. mtun w | aDDronrinte._____ ^^^^^^rb^ourt^udgmen^i^V ere in accordance with the e^dence. Defendant erected an addition to hit boat- home contrary to the ordinance. Beeaute . ______aT dkre wuJRflmi fltructure, other than a boathouee, wiuun lo a moot appropriate^ feet of the ihoreline of any lake within ^ oount; ^j^yiruvMrwiite^ nw to'ite adoption, a notice of h^ng .■TtliP aroat^^ning ordinance liahed. Although the notice dio noi etate nny “intention to enact," which ie the Ian- , guagc need in Minn.St. 875hl. eubd. 2, H did indicate that the ordinance wi* recom mended for odoption by the county board. wditor, the town eierke. ^ the noning J-Mf. • ChDd.aiiditor; the town eierke. end the eoning • CbBd. board. After the cnaetment, only the ^ SHARP. peHHmero AppeDant, and imolution number of the loning ordi- ^ LUTHERAN SOCIAL SERVICE OP 1.^ »» <. lOMfESOTA. applied for a permh for the constioction of No. 48170. nriginal building, defendant addedaeec^ jaly 7, 1978. etory, 12 feet by 16 feet, on top ol ine CaUiouee. He did not apply for a permit . for Ibie latter project, or fora varianee or a I The Dietnet Owrt, Hennepin neoning. and the oompletod building doca liindeay Arthur.'J., denied mother e ««i inform to the eouaty aon iag ordinance^to vacate termination of parental ngw ^11 .1 1.- DefendMit reatendi that the and petition for diecretion^ revi« WJ ttit: (jj I not the tag of Al Llnta venile ninate righto at tin «|280 1 Infi la righto apadft potitta make eviden «an I. Infi In righto, BoUiec parent ■taati hndfc at wl •entod 4. m m eowt and M ba rm SROt Ik Inf I beet iive I nrinal •a * 'A TO; FROM: DATE: SUBJECT: Council Al2m P. Olson, Village Planner #555 July 24, 1980 Ib55 Cortlen Cloutier, 2480 Casco Point Road CONDITIONAL USE PERMIT & VARIANCE The subject of this application is an expanded boat house located within 40 feet of the shoreline. II;ipectL''orMlrch%6?’"l9tS"'' A^?op So^fo^dei^warplacerior^Sork without permits after finding: 1. An existing 18 X 34 boat house with an existing 18 X 20 second story addition with surrounding deck totaling 24 X 35. 2. A 14 X 18 addition underway on the second story, extending toward the lake, including new stud walls and roof and large new windows not yet installed. 3. Partial installation of a new furnace. 4.Partial connection of sewer and water to the structure for a kitchenette inplace. s; result of this finding, if upheld by the Council, would be removal of the new framing and new furnace and to prohibit new water and sewer connections, but to allow the existing two-story structure to remain. After the Planning Commission meeting however, new information was received which may be cause for total removal of the structure because of a history of continuing similar violations. July 24, 1980 #555 Cortlen Cloutier 2480 Casco Point Road Conditional Use Permit & Variance Page 2 #555 unsolicited letters were received from neighbor Wilbur Anderson and from retired building inspector Mike Scheller. They state: 1. The original boat house was started without permits? was constructed improperly and infact collapsed before inspection by Scheller. 2. The permit issued in 1971 was never intended to cover anything except a one story 20 X 30 boat house capped with an open deck. All second story work has therefore been done without authority sometime between Scheller's final inspection and March, 1980. In addition, the 1980 assessed fair market value of the total building is $1,200. Section 31.106 requires removal of any non-conforming structure with an assessed value of $3,000 or less within 36 months of January 1, 1975, or no later than January 1, 1978. A 1978 Minnesota Supreme Court case also involving an \inpermitted addition of a second story to a non-conforming boat house upheld an injunction ordering compliance with the ordinance that prohibits such construction, i.e.; removal of the non-conforming portion of the structure. Tnat ordinance permits single story boat houses, our does not. Therefore, in concurrence with the Planning Commission and in light of the new information, I recommend denial of the requested conditional use permits and variances, and I further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106. If for some reason, there is shown to be cause for allowing some work to remain, the Council would have to make the following findings and approvals, none of which have been made: 1. To keep a single story boathouse only: a) find that value exceeded $3,000 as of 1-1-75, and notify assessor of change b) approve conditional use permit for a non-conforming use as of 1-1-75, Section 32.480 2. To keep any second story shell, without dwelling capability: a) find that it existed before 1-1-75 July 24, 1980 #555 Cortlen Cloutier 2480 Casco Point Road Conditional Use Permit & Variance Page 3 #55 K I" b) find that it existed before Ordinance No. 155, 2-14-74 (75• setback) c) find that it was never an unpermitted expansion of a non-conforming use d) authorize building permit approval after the fact, subject to full code compliance and payment of all fees and penalties. 3. To allow guest house use, all findings above plus: a) find it was so used before 1-1-75 b) approve guest house conditional use permit. Section 34.027 cuid variances to lot area, side setback and lake setback c) require installation of sanitary facilities d) require payment of additional SAC, sewer unit and water unit charges REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 15 Mayor Van Nest moved, Butler seconded, to table the HUSSMAN INVESTMENT C application of Hussman Investment Company, 3660 Shore- 3660 Shoreline Dri\ line Drive, until the next Council meeting. Motion, (Continued) Ayes (5) - Nays (0). Alan Olson, City Planner, entered into the record the following concerning the Fred Ryan, 1345 North Arm Drive, vacation, dated July 24, 1980, which states: On June 30, 1980, the City Council conceptually declined the requested vacation pending a recom mendation on maintenance and control from the Public Works Coordinator. On July 14, 1980, the' Council approved the recommendations for limited maintenance and for installation of traffic control posts. VACATION’ 1345 North Arm Drive #544 Fred Ryan Therefore, I have prepared the attached resolution and recommend approval of it to formally decline vacation of the property. Council Meeting - July 28, 1980 Mayor Van Nest moved, Hannah seconded, to adopt Resolution #1166, A Resolution Declining To Vacate Unimproved Street And Park Property In The Plat Of Saga Hill Revised, as amended. Motion, Ayes (5) Nays (0). RESOLUTION #1166 Decline Vacation 1345 North Arm Driv< Alan Olson, City Planner, entered into the record CONDITIONAL USE PERI the request for a conditional use permit and variance^...^80 Casco Point Roi of Cortlen Cloutier, 2480 Casco Point Road, dated v #5 July 24, 1980, which states: #555 Cortlen Cloutier The subject of this application is an expanded boat house located within 40 feet of the shoreline. The City received a complaint of new construction in progress and inspected on March 26, 1980. A stop work order was placed for work without permits after finding: 1. An existing 18’ X 34* boat house with an existing deck totaling 24* X 35* 2.A 14* X 18* addition underway on the second story, extending toward the lake, including new stud walls and roof and large new windows not yet installed 3. Partial installation of a new furnace 4. Partial connection of sewer and water to the structure for a kitchenette inplace (Continued) REGULAR MEETING OP THE ORONO.COUNCIL, JULY 28, 1980 Cloutier made his application and contended that the work underway was merely completing work started in 1971 but never con^jleted. The Planning ^mmission reviewed the application on this basis. Tne Planning Commission denied ^he guest house conditional use permit and variance for work within 75 feet of the shoreline, finding no hardship to of a non-conforming use and inaoiiity to grant a variance to Section 31.101 so that one non-conforming use (boat house) could ^ changed to another non-conforming use (guest house). The net result of this finding, if upheld by the Council, would be to cause removal of the new framing and new furnace and to prohibit new water and sewer connections, but to allow the existing two-story structure to remain. R^ker the Planning Commission meeting however, new information was received which may be cause for total removal of the structure because of a history of continuing similar violations. Unsolicited letters were received from neighbor Wilbur Andersen and from retired building inspector Mike Scheller. They state: 1.The original boat house was started without permits, was constructed improperly, and in fact collapsed before inspection by Mike Scheller. ' 2.The peimit issued in 1971 was never intended to cover anything except a one-story 20* X 30' boat house capped with an open deck. All second story work has therefore been done without authority soTCtime between Mr. Scheller's final inspection and March, 1980. ^ m Page‘16 CONDITIONAL USE PERM] 2480 Casco Point Roac (Continued) In addition, the 1980 assessed fair market value of the total building is $1,200. Section 31.106 requires removal of any non—conforming structure with an assessed value of $3,000 or less Within 36 months of January 1, 1975 or no later than January 1, 1978. A 1978 Minnesota Supreme Court case also involving an unpermxtted addition of a second story to a non-conforming boat house upheld an injunction ordering compli^in’^*; with the ordinance that prohibits such constr.^ct,A:»n, i.e.; removal of the non-conforming portion t*f the* structure. That ordinance permits single stcyy it houses, ours does not. Therefore, in concurrence with the Planning Commission and in light of the new information, I recommend denial of the requested conditional use permits and variances, and I further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106.(Continued) 1 REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page J.7 some reason, there is shown to be cause for allowing some work to remain, the Council would have to make the following findincs and approvals, none of which have been made: CONDITIONAL USE PERM: 2480 Casco Point Roa< (Continued) 1. To keep a single story boathouse only: a) find that value exceeded $3,000 as of January 1, 1975, and notify assessor of change b) approve conditional use permit for a non- conforming use as of January 1, 1975, Section 32.480 2.To keep any second story shel.1, without dwelling capability: a) find that it existed before January 1, 1975 b) find that it existed before Ordinance No. 155, February 14, 1974 (75* setback) c) find that it was never an unpermitted expansion of a non-conforming use d) authorize building permit approval after the fact, subject to full code conpliance and payment of all fees and penalties 3. To allow guest house use, all findings above plus: a) find it was so used before January 1, 1975 b) approve guest house conditional use permit. Section 34.027 and variances to lot area, side setback and lake setback c) require installation of sanitary facilities d) require payment of additional SAC, sewer unit and water unit charges Council Meeting - July 28, 1980 Mr. Cloutier was present and was given the opportunity to read unsolicited letters received from Mr. Wilbur Andersen and Mr. Mike Scheller. It was noted that attenq>ts had been made to contact Mr. Cloutier during the week to make him aware of their letters. Mr. Cloutier commented that Mr. Scheller's letter is not accurate and all of the structure has been there since 1971. Mr. Scheller had made several inspections noting all of the work being done. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 18 Mr. Wilbui Andersen, 3555 Frederick Street, was present and commented that the structure was expanded iseyond its original intended size and that the concrete blocks were poorly constructed. CONDITIONAL USE PERM: 2480 Casco Point Roa( (Continued) Mayor Van Nest moved, Butler seconded, to refer the request of Cortlen Cloutier, 2480 Casco Point Road, for a conditional use permit and variance to the Planning Commission for staff and Commission review. Motion, Ayes (5) - Nays (0). Alan Olson, City Planner, entered into the record the variance request of Jack Rhode, 1410 Bohns Point Road, dated July 24, 1980, which states: Planning Coniaission reviewed a revised plan, at their July 21, 1980 meeting, as instructed by the Council on June 30, 1980. Planning Commission recommended approval of variances necessary to construct the house per the attached revised plans as follows: VARIANCE 1410 Bohns Point Roa^ f546 Jack Rhode Lot Area - 34.452 13,897 sq. ft. Variance = 32% Lot Width - 34.452 33 ft. variance 23.5% Hardcover - 34.202 636 sq. ft. variance I concur with their findings and recommendations with the exception of the deck encroachment toward the lake, ahead of line D-D. If this deck were not more than 30 inches above the ground, and not encroaching within 75* of the lake, I would have no objection. However, the plan now shows the deck to be 8* above the ground. As such, I would recommend either complete conformance to line D-D, or with issuance of a variance to 34.201 if. a hardship were to be found. Council Meeting - July 28, 19''0. CounciImember Hannah stepped do%m from the Council table due to a conflict of interest. Jack Rhode and James Swenson, representing Mr. Rhode, were present. Margaret Hanncdi was also present. Mr. James Swenson revieii^d his clients application for a variance. Mayor Van Nest: The City needs an agreement of all easement holders to include a protective covenant and dock limitations for each easement holder in their chain of title. (Continued) #578/1\ TO: FROM; Planning Conunission and Council Jeanne Mabusth, Zoning Administrator DATE:September 18, 1980 SUBJECT; #578 Charles Carl, 3685 North Shore Drive - VARIANCE Review of Facts Total lot area Existing Hardcover Proposed Addition Total Hardcover 12,141 s.f. (majority of area within 0-75' setback area) 730 s.f. (existing house and garage) (6%) 1,080 s.f. (9%) 1,810 s.f. (15%) Add following for driveway & pavement 400 s.f. 2,210 s.f. or 18% The Planning Commission asked staff to consider the Carl neighborhood regarding hardcover and lakeshore setback. Remember all of the neighborhood improvements were completed during the 60's and today's review must deal with more restrictive standards. Review Exhibit 1. There is no question that Lots 3, 4 and 5 will exceed Carl's proposal when considering existing hardcover and principal structure setback from ledce. I have selected three applications, all subject to current standards of review, that may prove more meaningful. #420 Theodore Anderson - Exhibits 2 & 3 Existing 1,925 s.f. 18.8% Proposed 374 s.f. Total 2,299 s.f. 22.5%all located within 0-75' setback area Hardship: 1) main lake setback and channel setback, 2) existing structure as remote from shoreline as possible. • I 1t i September 18, 1980 #578 Charles Carl 2685 North Shore Drive VARIANCE Page 2 #502 Ronald Christensen - CUP & Variance application. Findings & Hardship 1. slight decrease in hardcover 0-75'. 2. safer access at intersection 3. improvements in drainage and erosion 4. size of lot and location of existing structure #540 Steven Tibbetts - Variance Area 0-75 Existing Hardcover Proposed Hardcover 3,825 s.f. 350 s.f. 182 s.f. Area 75'-250* Existing Hardcover Proposed Hardcover 3,468 s.f. 1,520 s.f. or 44% 2,072 s.f. or 60% Findings & Hardship 1 consistent with pattern of neighborhood development 2. majority of homes located at same depth creating excessive hardcover problems 4’. all^adStional^construction to remain within existing building line IF APPROVED, Planning Commission should consider the following: 1. 2. Applicant should present a complete plan for review - ga.'age should be^relocated on property on south side, removing old structure. If not, Carl will be back in a year for another variance. Ask applicant to consider reduction of house plan. Remember if County vacates the access road, the same setbacks will " Carl's original plan shows a portion of proposed garage located on road. * I #578 *k.,T- /(/^ •^»vfe ii J 4 6 f 3 6 7^ 3 3 6 ?•-*■ ^ooei M II II II 11 #420 \ \ C t ' ^ -r^^*r r^ ^15 ^ 9 1 • •* i 1 ^ ^. ' • I •* • . ’A. • • * . ^ .............V- iJ r >• . .r*• •••• • •^••* i * • MGULAR meeting of the ORONO council , SEPTEMBER 26, 1978 3Page 5 •variance required: 34.201 setback and 34.202 hardcover VARIANCE 2815 Casco Point Road (Continued) Lakeshore setback required: 75 ft. proposed: 15 ft. variance: 60 ft. - 80% Hardship: existing terrace location and steep- ness of the einbankinent. #578 Planning Coinroission Meeting - September 11, 1978 Discussed events behind construction of retaining !«ention,of placing f ‘ Hm oicnn Citv Engineer, stated that if a spacea wood deck'were constructed over a gravel subbase, that runoff water filtration would if not better than the existing runoff, l^en tabled to allow site ’^®?o^be ac^edto allow staff to notify neighbors. To be actea on by Planning Commission on September 25, 1978 and be on the Council agenda on September 26, 1978, Planning Commission Meeting — September 25, The Planning Commission recommends the variance application, due to hardship , ct x 11* approved for the construction The applicant's plan was accepted but with following additions: a gravel base of at r»n,»n fioaced %#ood deck and an undetermined numb r filtration. A minority opinion was voiced “"“"‘j^esLre settihg of a' precedent within the 75 lakeshore setback. m council Meeting - September 26, 1978 Mr Alan Olson, City Planner, entered into the record the following request for a variance of Theodore Anderson, 1940 Shadywood Road, dated September 1, 1978, which states: f Pesek moved, Butler seconded, to fPP’^®^® ^^Lco variance reQuest. of Michael Farrell# ^ Nays (0). VARIANCE 1940 Shadywood Road «420 Theodore Anderson (Continued) REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 Paae 6 M:11 Mr. Anderson proposed to remodel and add onto his existing house at this address. He proposed to remove the existing breezeway and single car garage and replace same with a new two-car garage, dining area and expanded kitchen. He will also remodel the main floor expanding the livingroom into an existing bedroom area and replacing the bedroom with an epcpansion area above the new gara The entire existing house and all of the proposed addition arei within the 75 ft. lakeshorc setback. The new addition would occur more than 75 ft. from the Crystal Bay shoreline but within 42 ft. to 48 ft. of the channel. The existing side setback of 6.3 ft. would be maintained. Variances required: Section 34.20. - lakeshore setback Required: Proposed house: Variance: Proposed deck: variance: 75 42 33 30 45 ft. ft. ft. ft. = 44% ft.= 60% Section 34.202 lakeshore hardcover Within 75 ft.: Existing: Increase: Proposed total None permitted 1160 sq. ft. = 11.3% 494 sq. ft. 1654 sq. ft. = 16.2% Hardship: stated as shoreline (channel) being unique to this property with existing house location being as remote from shore as possible. 9 Planning Commission Meeting - September 11, 1978 VARIANCE 1940 Shadywood Road (Continued) Tabled for applicant to provide revised plan showing actual deck proposal and for staff to notify neighbors. To be acted on by Planning Commission on September 25, 1978 and be on the Council agenda September 26, 1978. Planning Commission Meeting - September 25, 1978 Planning Commission recommended approval of the variance due to given hardships of the lot and current setback for remodeling of the house but not to include construction of the deck. Minority opinion was that the lot cannot support a house of that size, also, the hardcover ratio to the size of the lot is out of balance. I (Continued) REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 3 Page 7 Section 34.202 - Lakeshore Hardcover Within 75' ~ none pemitted. Existing - 1925 sq. ft. = 18.8% (Existing house paved driveway) Increase - 374 sq. ft. Proposed total - 2299 sq. ft. = 22.5% VARIANCE 1940 Shadywood Road (Continued) Council Meeting - September 26, 1978 #578 Butler moved, Pesek seconded, to approve the variance request of Theodore Anderson, 1940 Shadywood Road, per the Planning Commission recommendations of September 25, 1978. Motion, Ayes (3) - Nays (0). I Mr. Alan Olson, City Planner, entered into the record the following letter to Mr. James McCleary, Stubbs Bay Marina, dated September 14, 1978, which states: BUILDING PERMIT Stubbs Bay Marina 3445 Bayside Road "On August 28, 1978, the Orono City Council discussed the status of the marina property and particularly your request of August 9, 1978, to renew the expired building permit #3696. The Council decided that the permit could not be renewed because of all the new information and the many changes since last year. They requested a resolution be drafted setting forth their findings. The attached draft was reviewed at the September 13, 1978 meeting. No action was taken because you were not represented. I have attached a copy this resolution for your review. The City Council does intend to act on the matter at their next regular meeting scheduled for Tuesday, September 26, 1978. You should also be eware of the current review of the Stubbs Bay area occurring as part of the statutoiry reevaluation of the City's Comprehensive Land Use Plan. This review will include detailed studies ^nd recommendations regarding the zoning classifications and services to be provided in the area. Specifically, this may include a moratorium on development and/or rezoning of certain parcels including the marina property. The City has had’ inquiries from several parties j^ggaj^^ing the condition and status of your property3^0garding tho condition £ind status ot your proporuy. I would advise you that the above noted contingencies be relayed to any real estate agent or other party should they contact you regarding this property." End of letter (Continued) JtCfkJ t . fe^CULAR MEETING OF THE OROHO COUNCIL, SEPTE!’BER 11, 1979 / PaaPaae 10 Vi, Alan Olson, City "Planner, informed the City CONDITIONAL USE PE ■Council of the status of the conditional use permit 1140 North Arm Dri for Keith Katcher and Leo Duehn for property located #489 at 1140 North Arm Drive, dba KK & Konpany. KK & Kompany Mayor Van Nest: The City's concerns are expansion of commercial uses of existing property, if Mr. Leo Duehn sells his property. Mayor Van Nest reviewed the proposed resolution noting changes he would recommend before approval. Councilmember Massengale: We are concerned with expansion of commercial uses of the property if we allowed commercial uses now. Allowing the property to be used as a commercial use, means this right will be transferred to other high profile uses. We have many concerns: 1. Lack of proper zoning for proposed uses 2. Adequate land not available 3. Adequate driveway parking not available Massengale moved, Butler seconded, to refer to staff for future review the conditional use permit request of Keith Katcher and Leo Duehn for 1140 North Arm Drive. Motion, Ayes (5) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the request of Ronald Christensen, 3587 North Shore Drive, for a conditional use permit and hardcover variance dated September 6, 1979, which states: CONDITIONAL USE PE & variance 3587 North Shore D #502 Ronald Christensen The Christensens propose removing the existing 'garage and building an attached garage to the rear and south side of the house. The new garage will maintain the same,-setback fron the street as the existing one. The south side yard of 10' also meets code. Their plans also include bringing in a considerable amount of fill (376 cubic yards) for regrading and correcting a serious safety hazard with the existing access, erosion and drainage problems. The filling project will involve a retaining wall. The major part of the work involved falls within the 75' lakeshore setback area. The gravel parking area on the south side of the lot will be removed and replaced with sod. (Continued) •irvin-r;1 ^cbLAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 11, 1979 Page 11 C^^itional Use Permit* - The Minnehaha Creek Water shed Distrxct has stated that they will not require a pemit for this project. The Hennepin County Highway Department has approved the changes to be made within the access. CONDITIONAL USE PERM 3587 North Shore Dri (Continued) Pacts a) b) c) d) e) f) ^ount of fill - 376 cu. yds. (37 dump truck load length of wall- - approximately 50' composition of wall — concrete height df wall - 7%* above grade ^®iling — plans call for 42", code requires only 36" proposed grading will direct major share of drain age toward County Road 51 1) 2) garage floor elevation higher than center of County Road 51 old parking area to be regraded and sodded to alleviate the erosion of gravel road parallel to Coxintv Road 51 The Planning Commission recommends approval of the application based on the following findings: 1. slight decrease in hardcover 0-75' 2. safer access at intersection 3. improvement*in drainage and eorosion on site with proposed filling and grading olans 4. size of lot and location of existing structures Minority opinion position was based on the following condition: 1. 2. 3. no apparent hardship of drainage and erosion retaining wall of 7%' within the 75' setback structure of this nature goes against Council's policy previous record”of hardcover violation Council Meeting - September 11, 1979 Paurus moved, Butler seconded, to direct staff to submit a resolution for the next Council meeting to include findings of facts justifving proposal to include: 1. 2. Storm water runoff plan Does proposal conform to Hennepin Countv's Highway 51 plans? Motion, Ayes (5) - Nays (0). —^**»*>^l- - -r #57#540 .1 7'37aC/rADI ’ ri’A/ci’ ^ yAt V ^'^-!<.V^\\■ /!/.i£y 'J ^c=>* 7<*------TS* • Denotes Iron Monument Found O Denotes Iron Monument Set I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 41, SHADY-WOOD ADDITION, Hennepin County, Minnesota And of the location of all buildings, thereon, and all visible encroachments, if any. from dr on said land. As surveyed by me this 7th day of Septemb^9_35 — J)f Thomas S. Bergqui^ Land Surveyor. Minn. Reg.7725 ^ .WcOMBS-KNUTSON ASSOCIATES. INC. . . toburilibt • U«0 ju*fi»0«s ■ nil MA "-^4 MINMI AKHtS HU1CMINSO** a^ MARSHAII.. MINHISOTA SCAtl BOOK fACI ^4^ • at NO. CERTIFICATE OF SURVEY for 3T£VEA/ T/bbetts ^-fCnOTLAU MEETING OF TIILI ()K«>NO COUN'CII., MARCH 10, 1980 Council Meeting - Mnrcli 10, 1980 Barbara and David Butler wore present to discuss their application. Mayor Van Nest: The City cannot encourage vehicles to back into a public street. The City would ' to review parking and ingress and egress data. It aopears that constructing a private driveway in a public alley right of way has to be evaluated. Bruce Malkerson; A standard lease and hold harmless agreement might be appropriate in this situation. Burr moved, Massengale seconded, to table the conditional use permit request of David Butler, 4685 North Shore Drive, until the March 24, 1980 Council meeting for staff review. Motion, Ayes (4) - Nays (0). Page 5 I CONDITIONAL USE PERMIT 4685 North Shore Drive (Continued) ( [5 Jean Mabusth, Zoning Administrator, entered into the record the following request of Steven B. Tibbetts, 1998 Shadywood Road, for a variance dated March 6, 1980, which states; VARIANCE iQQB qhadvwood Road ?ven B. Tibbetts Zoning District LR-IC Variances requested; 1.Lot Area Required:21,780 sq. ft. Existing;7,276 sq. ft. Variance:14,504 sq. ft.= 8 7 % 2.Lot Width Required:100.0 ft. Existing;50.0 ft. Variance;50.0 ft. 3.Side Setback y • Required;10.0 ft. Existing:8.8 ft. Proposed;7.8 ft. Variance:2.2 ft. = 4.Hardcover Allowed;867 sq. ft.or 25% Existing:1,520 sq. ft.or 19% Proposed:2,072 sq. ft.or 16% (Continued) 90 • #«.*•••% ^ % ,4ULAR meeting of the OROMO council, march 10, 1980 J. Mr. Tibbett's application involves an area, lot width (cost of construction exceeds 50% FMV) and hardcover variances. The remodeling will be done in two phases: the final phase will involve the removal of a 2.5* X 21’ section encroaching int the 75* I'akeshore setback area. The remodeling is consistent with the pattern of neighborhood development. The majority o.f homes are located in depth creating excessive hardcover conditions. The applicant must replace the existing foundation. The new foundation will raise the proposed structure two feet above grade. Staff concurs with the majority opinion of the Planning Commission in recommending approval. Please review the background discussion and recommendation in the minutes of March 3, 1980. . VARIANCE 1998 Shadywood Road (Continued) # 5 Staff comments on minority opinion - Please note there is a 16% increase of hardcover with final proposed construction. We again repeat this remodeling is consistent with pattern of neighbor hood development. Mr. Tibbetts is the last homeowner of a ten-home neighborhood to upgrade his home. Council Meeting - March 10, 1980 Mr. Tibbetts, was present to discuc« fils opiilicctioru Councilmember Massengalc asked if the addition would remain within the existing building line. Mr. Tibbetts commented that it would. The variance requested is for the south side yard setback. Mayor Van Nest: I would like to request the City Engineer to review the existing alley and the drainage pattern in this area. Massengale moved, Butler seconded, to request staff to draft a resolution for the next Council meeting documenting all findings of facts pertinent to this application. Motion, Ayes (4) - Nays (0). Jean Mabusth, Zoning Administrator, entered into the record the following concerning the CDBG Year VI application, daLed March 4, 1980, which states: CDBG YEAR VI APPLICATI On November 27, 1979, Orono held a public hearing on the Year VI (August 1980-1981) CDBG application. Thereafter, an initial application was submitted for review by the local Citizen's Advisory Committee calling for 100% of the funds to be allocated for housing rehabilitation. On January 21, 1980, we were notified that our total allocation for Year VI would be $62,664. (Continued) I TO:Planning Commission and Council #579 FROM:Jeanne Mabusth* Zoning Administrator DATE: September IS, 1980 SUBJECT: #579 Fred Harvey, 3580 Wayzata Boulevard - CONDITIONAL USE PERMIT The applicant has been notified that a variance could not be approved for the sale of produce gro%m at other locations. Planning Commi/ssion should read Section 30.020 of the Zoning Code that reviews the "guiding principles for the delicate balancing of residential and accessory uses. Residential use must always be the primary use. Staff recommends approving the conditional use permit for Fred Harvey to plant produce crops and an apple orchard on his 38 acre site. To approve the variance for the size of the proposed retail building based on the following findings: 1. use of existing structure 2. structure conforms to setback standards I r- % R t!c^vi. rr .O TO: FROM: Planning Commission and Council Jeanne Mabusth, Zoning Administrator V-i;V' DATE:September 15r 1980 SUBJECT: #581 Richard T. Lorge, 2697 Casco Point Road - VARIANCE LIST? OF EXHIBI*. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Application Property Owners List Survey Lot 3 fc 4 DaMarfs Site Plan - Building elevation Fact Sheet Affidavits Tax Statements Contract for Deed - Lot 4 Letters from neighbors Minn. Supreme Court Decisions Ogland File Mr. Lorge seeks a variance for lot width and common ownership of two substandard lots. He owned two lots of approximately 19,641 s.f.(Lot 3) and 20,202 s.f.(Lot 4). He sold his home on Lot 4 (see Exhibit 3) assuming that Lot 3 '-ould sold as a separate buildable lot. He has furnished the past tax records and an affidavit from the previous owner stating that both lots were taxed separately never receiving benefit of homestead tax status. The Zoning Administrator remembers telling the real estate agent, Mary Robinson, at least nine months ago that common ownership in this case would require a zoning review. In June, a new realtor informed me I '.at Lot 4 with house had been sold and that Lot 3 was not included. The realtor was informed that if the lot met 80% of area requirement that a building permit could be issued - note, I did not consider that lot width would also have to be 80%. After a survey. Lot 3 appears to- have 90% of area requirement but lacks 80% of width requirement. Planning Commission is asked to consider Sections 31.201 and 31.202 in rev.lewing the application. The neighbors are opposed to creating a new building site on Lot 3. Their argument is summarized as follows: 1. 2. 3. 4. TOO small and narrow a lot - standard of 100' or in this case 80' should be maintained. Drainage concern - Lot 3 serves as a retention area, if additional hardcover is added, how will this affect neighboring properties. Exxt.ting house on Lot 4 is located 6' from mutual lot line. New house proposed .foi such a narrow lot is too eunbitious. i I r I - September 15, 1980 #581 Richard Lorge 2697 Casco Point Road VARIANCE Page 2 1 Water & Sewer Assessments Lot 3's sewer assessment was 70.2* of frontage at $12.00 - a frontage total of $842.40 Lot 3*s water assessment was 65.1' of frontage at $5.80 per foot Due on Lot 3 if approved as building site - $805.00 The Ogland file has been enclosed for your review. ^J® variance was approved because in this case of common ownership, the subject property was divided by Casco Point Road. Options opened to Planning Commission: If denied, the following findings must be made: 2: !2t f ”s“Sd:rco^n''ownersh?p‘J!tr^t 4 although taxed separately If approved. Planning Commission should consider the following conditions and findings: 1. Conditions: adequate lot width to construct a new home on the new house be set back an additional 4' from south lot line and that size be comparable to neighboring houses drainage concerns to be reviewed by applicant's engineer and reviewed by staff 2. —shared access and driveway for both lots -water service charge of $805.00 Findings or Hardships: -adjacent land not available taxed separately - lots now in separate ownership. Lot 4 owned on contract for deed -lot width typical of neighboring properties Jl ii Uifc PLANNING ZONING VARIANCE APPLICATION CIIT OF ORONO f.O. Bob M, CryBtal Bay, Hli SS323 473-7337 Pl«a»c first rtsd th« «tcseh«d Infomstlon Sheet. Coaplcte Itews 1 - IS Print). If needed, sttsch letter or other infometion to better describe pour request* Incovplete sppllcetions will not be secepted. 1. PROPERTY ADDRESS 2^9^? CX?SC^> ^ ■'Qi^tsa Legsl description shell be shown on stteched Survey, Exhibit 3 2. APPLICANT iuo» ^ZmU44My) J' L>o^£s>(t phow« Htlllng AddrcBB P-L I f^lT f TO S'SSt^ If Appliesnt is not owner, cxplsin 3. OWNER ,u.nume Mslling Address Date Property Acquired i^iz-______ (Honth/vear) I (do not) also own other adjacent parcels of land 4. AGENT "«•nioac Hailing Addrca* 5. 6. 7. 8. NOTxCES Should be sent to:Applicant CX#ner Agent PRESENT ZONING USE DISTRICT Z ' /< LIST OF EXHIBITS Peecrlptlon Inltlsl Appllcstion met include: Appllcstion Fo f / Property Owners List Ccrtificste of Survey \y^ Fee Receipt Date Received ^ iv \ ji .m Staff In^orrJtion 4 ___ Plst Map 5 Inventory 6 ___ Staff Consents Other Information 7 8 9 10 11 12 PRESENT USE HaaldentUl _____ (Other) _ Vacant Land )(* Vacant Bulldlng(a) -r Occupied Building(s) DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $_ _ _ _ _ _ _ _ _ — aatabllah naw ua« __contlnua or capand cxlatlng uaa build naw __add on ___rmdal ___rapine* Describe request in detail; To (p<»civi v/i4»e.<t»aa^c^ L07 TO 7^^ U/t^TW Qt^ T¥^ ^Or — ( M)7 Unif I^.SZX) oy ) 9. VARIANCE(S) REQUIRED t* d* th. r.qu<at.d work: _____ Setback € Front ____ Side ^ Lot Area V Lot Width Hardcover Rear) Other I 10. Describe UNUSUAL PROPERTY CONDITIONS l-rventlng eoopllane* with I*ntng O k U r*sulr««nta; M iS uOMfe ((rv<^ 3>>0 *rct ) "» ^0 ILlXUUi. 11.Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY raaultlag fro* atrlet cnforcaaaanr. of conl^ regulations "TuJcr^ /^^O NTi»c^a>r /^V»g (C<T<6c/. Describe EFFECT OF PROPOSED WORK ** nrlghhorlng propartica and ea tha neighborhood la general: The APPLICANT and the PROPERTY OWNER must Tha APFLICAKT hereby agrees to provide all information requirad or requested by the loning Adalnlatrator. agrees to pay ell feet and/or unusual expenses incurred In review of thla eppllcetion, end certifies that the Information supplied te true and correct to the brat of hla knf*wledpe: j. olicant's 'SiRnatur % sign and date this application. The CVKTt hereby acknowledges and agrees to thla applicat and further authorlxea reasonable entry onto the property by City staff, ccmaultentSg agents, conaiaslon members, and C.nwncll mra^>era for purposes of Investigation and verification of this request: rner's Si-, natutb DateApplicant's 'Signature Datb Owner I MM>T TCATTn:; nFAm.TNR TFN MO) DAYS BEFORE PT/r^NTNO rOMMTSSTON’ MEETING HC 1233 PROPERTY OWNERS LIST OEPARTMEMT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 LIST sac XL jtujr I I CERTIFY THAT THE FACTS REPRESENTED ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE SENTATION OF INFORMATION AS IT APPEARS TNIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION. TO TNE REST OF MV KN0WLED6E NO RELIEF. ENNEPIN CO. FINANCE DIVISION DATE FEE OWNER TAX PAYE*^ MAILING ADDRESS PROPERTY ADDRESS ID Z/p - //7 -Z9 f - WlAk£- A'y. 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L«:rJ •' 'inr • \»:r.; iin.- of"; .:•••■■ .V.t'lV. i.; f.- th.ut.l.wc.:;1arl/ U;.-‘ •T-rr. -..'esI.iTlv ulonj tV; >..«i:.'rl:.' lino o'* s' v? ( n ro .;V*-.w- • rcrtlnn of tho ;;--Jalorl.v I:*- of r.-. l.i Cror.o *; Lho Sout.hiof t.orlv lln-5 of r .} ’ l.ot 1-.. ::n: ri. .r..-^ r . „ artrloE ir.-rorr.x; a-^n-r • rrO.wo.-‘.r:-!- .-.V:. . tairi Lot m tc th'r j-.noj^^ cr ;/ikc Mmol r./ai; -r^ ' . \ „.V ' r.nor« 1^. U.o fK.lni of K'.:5r.ni n,:, niL .-.rrcrJjr.;. i - thr .t ^ . in tlin or-lc- of U»- -Vu-intor o' in n,. 'or ','i, of the looalior of nil l.uU.'Jnr.s tn.Jr-cn, an-* a. -i.e . - ’ . said lan^’. (Tne Abcvc-(iur.rriN-d r-rev-rty a-r.^r 'i ..ly lho Ian., .n li bo in'icoci in Lc)^ 3 nrd 4, ..n iiUr's :a.-..;virion Mm-.r i'.l Scale: Cato : o t o i 1- = 6T.' 3-?r-74 Iren PATker found Iron jaarkor net Cordon ...• <:jnr. Surveyor and riarncr Lone l*lnnfs»ot'j II I A _■ c *1 • WPilk^..!lV-*';■r:ip • -t- .‘V •••*^‘\ . •- •' w'7 r»i- % V .:- . .J : ,*•. .* - • ■ >»V ■ ; -- * •.* ^ .IT. ^•/-i yr >. ^ rjftWuKi—Z rt.*w .X^ >/ \ -n/-*'s -- r;- - .•- r—^ *-» ‘ •: .tf'f. •' -* V-vI>lv tfifiUidiC 'f^'Mur 1-4 I A \ • PS* r» cu rr l» n rr 5»: •-• c o *1 •< o 13 3 X c PO *1 K- o •1 m •o W 11 Icno c t f r> 3 ff 3 :t •9 .3 u o B O •3 O 3 •-i*•X rs rt r c?j «> o o & 3 r» r* €-• r* • : :r :r i 3* j t: c o IT c •-» D K w» i£ *5 2 r* r* a •'& a c 3 1 3 1 a «< 5 %c C U. 3 P-» i--' 1 r- 0 1 rw 3 U n 17 tX O 01 r-* r* h-» •? O 3* » «» r» O 3 !-• •- 1 O to o. r M« p o P-IX 3 c u r» sr Ti c* rr 3T c, :r o i:•1 P •« o a 49 n cf CD 1^. r« ;x f^ 3 X D O' ^ to 3 r-» = =' S 'CD ^ cr •—' ir 1 rx •5 C O 3 O 3 r* a M* ID O 3 r* <-» Oa rr •• 1 c Or-* yj r: ^,<eLXJf' ° g E*.» 33 . f-» 3 . O 3* ^ Oa fD W 3 >> 3 (D c < r-» €♦ ® CD ff C. 3 3 3 3 r: O' ►-• G. p ac •< s -- H* ® *-• *«X X 3 'O r> r» P 3" 3 a C/) 3 ® 3 O p 3 (D W C H-* 3 ^ •-*• r* P-* ® o 3- a 3 & r-* to ft* O r^ n C C ® O 3 Oc^3- «< ID »1 3* o « IT r-* 3 l» r-* O. r. 3* C*- O O X •• ►I 3r^#-*4— O O O Vft O O •! 3 O 3 3 ® tt Cj« «• o ® 0 0 3 0 o 3 3* •• €♦ CX 0 O.D r* J{. L _ hardcover O - 24 Ft..o% iMiLm o • 7S rt.» 7S - 250 rt.7i% 2S0 - 500 Ft.30* Uik«500 - lOOO Ft.35* #581 AFFIDAVIT OF KATHLEEN J. GRONVOLD Concerning vacant lot at 2697 Casco Point Roadf Orono, Mn* (Lot 5 Auditors Subdivision 265 or 20-117-23 23 0003) 1. 2, KATHLEEN J. GRONVOLD, being duly sworn on oath, deposes and states; She and her husband Kaare (now deceased) were the owners of the subject lot from approximately 1958 to August 1972. She and her husband owned during the same time the lot and it*s improvements to the south of the subject lot, (Lot k Auditors Subdivision 265) 3, During the time of the ovmership of the properties listed above they were assessed and taxed ^erately. During the period of ownership she understood that a single family residence could be built on the subject lot if desired. This affidavit is being submitted at the request of Richard J, Lorge for use in variance proceedings on the subject lot. 5- Dated August 1980 Kathleeij^\ Gronvold subscribed and sworn to befor^-** me this JU day of Augu^§;K^p^«.'»‘^'' -•*' Notary Public r 81 AFFIDAVIT OF RICHARD J. JEAN L. LCRGE Concerning vacant lot at 2697 Casco Point Road, Orono, MN, (Lot 3 Auditors Subdivision 265 or 20-117-23 23 0003) RICHARD J, & JEAN L, LORGE, being duly sworn on oath, deposes and states; 1. 2. 5. k. They are the owners of the subject lot and have been since August 1972, '.Vhen they purchased the said lot in 1972 they were told by the real estate agent and former owners that said lot was buildable for single family dwelling. The subject lot has been assessed and taxed as a separate parcel without homestead exemption since at least 1958, The assessed valuation is' comm ensurate with a buildable lot, Tney do not own any adjacent property, , Dated August . i960 Richard J, Lorge Subscribed and sworn to before me this £21' August 1980 at Mt/"/ flAcc/ Jean L, Lorge Notary Public la JANICE K. AOOCMC CARVEfI COUNTY MWMMMMM i r #58 ^^Lxjcr io X Variance Application Kichard J, Lorge HARDSHIP 2. 3. A hardship situation exists with the subject lot, (Lot 3 Auditors Subdivision 265) 1, The subject property was platted many years ago. Lots on both sides (north it south) have since been improved thereby eliminating any adjacent vacant land. The property is nearly one half acre (19»500 sq, ft,) but is long and narrow (over 300 feet by 60 feet) The variance request is for lot v/idth Granting of this variance can be shown to be within the intent of Land Use Plans by examination of the local area,For example there are a number of lots to the north which are 60 feet in width many of which have considerable less area than the subject lot. Granting the variance will in no way affect the public health, safety or general welfai'e. Zoning and Planning Groups end the Courts have gen erally held that the loss of a View or other esthetic arguments by neighbors arr. insufficient to deny an application for reasonable variances. 4. 5. 6, 7 TO AVOID PtMALTY PAT ON OP BEFOPS MAT 31.13TT s S 3 0 z(r< S; Z 1 Sa >aa •w Ca -n C > Socz H 1/1 2 s </) H I > >socz O' ut O' -J X X > f\l o %0 o ^ rw u w Ui & •< O *>3 O OD S M ^ O oA > ^ m ui > O X) o > o 1/1 o ^ n X u) n T> ■D \n -o o O X Z. -i o > ^ o o S ^ o ? n O 2o o a o -n: K ;o< ‘OfT1 #% 3» O 9 > Om Z X HI X Tl X S > > oO ^ o m o c ^ r Z O •®<< S O 01 |<5*5* Z 9o i Z >5* |nO 5 2 iwX <11 om -4 >oz >zo z > z <;> IT Co -O CD > H X ? >H rc n o %or avoid PEHALTT pat on op BEFOPE mat 31.1377 O37m 9 O2 f•< a 2 ; Sa 9aas 5 o T1c > oczH O' «p4 U> • iC QD X(/) -H I > > Socz UJu> •4 • iO tD > rsj VP S < o Q) J ^ sO ^ h T> vOo ^ o o n\ \j\ om U> o ja O O X* B-i C to O ►- O X U» o > 10 '.fl X o Sc. X T. o» , U« 2o > Ul o O o o o o -< ^o5^ oz >or> Z -4 X n 1 mZ z 2 > S * 2 5 oo o c -• <2 s aa |So ffl a •• Z 9s>>> 5 z » o O * i« PI 5» HIs C Tl (T > > H I 2 a >W -« r- 5 S'"s ® I C=£^z I ==41TJ >•<zn I i REAL ESTATE TAX RATABLE 1978 FINANCE DIVISION HENNEPIN COUNTY Off^t Hours • 8 lo 6 • Mondov ‘Friday Phone 348*3011 —— *—— ------------------1-^1. U4U CHECKS MVMU TO: HENNEPIN COUNTY FINANCE DIVISION MANAOCn GOVERNMENT CENTER MINNEKSOUS. MINNCtOT* UMTan w OWNIIOI .ASSfSSIO NAMI RICHARD J LCKCE ETAL tAlfATdOE AGENT RICHARD J LCRGE 2697 CASCC fUIM PD wAVZATA RN 55391 Mice CODf DISTRICT PlAl PAtCCl SCHOOL DISTRICT WATIR &HCO 38 41540 3000 277 3 riAMtOr AOOiTlON AUO SUBD NO 265 SECTION TOWNSHIP Ot LOT OIliOCK lANCt ACtfS ESTIMATED MARKET VALUC PImQQC LIMITED MARKt r VALUE YOU MAY BE ENTITLED TO A REFUND To find out if you are entitled to a refund of part of your property taxes from the state of Minnesota , see the information on the back of this form. USE THESE AMOUNTS when you fill out your Pfof»pfiy Ta* Melund Form M 1PR J6elflq. ASSESSED valuation CROSS TAX DISTRIBUTION STATE COUNTY MUNICIPALITY SCHOOL DISTRICT OTHER TAXIPJG DISTRICTS 1. QUALIFYING TAX AMOUNT Limited to dwelling and one acre of jdjoining land (120 acres it farm) 2. STATE PAID HOMESTEAD CREOlT i'pXP?opVr?y C. art paid. I II your tax is less than S10.00, it must be paid in full by May 31st. If your ‘ax is SIO.OO or more it may lie paid in full or the first hall of the amount may be paid by May 31st and the second half may be paid by October 31st. Late payment will icsuli In a penally. If the words "et at" appear after the owner or assessed name, this means that twa or more persons own an interest in the property TOTAL CROSS TAX .00 220 a21 93a06 406.38 23t41 9 REDUCTIONS State Paid Agricultural «Md Credit S*3lt Paid Homestead Credit TOTAL CCNLRAL TAX SPECIAL ASSESSMENTS Principal lnlertlt TOTAL AMOUNT PAYABLE 745.06 745.06 PLEASE READ REVERSE SIDE OF THIS STATEMENT #581 MUlb