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04-16-2001 Planning Packet
Public A ttendance Meeting D ate | □ C ouncil □"Planning C ommission □ Park Commission □ Other Please ulloitthe infdrsution reqi esteo BELOW FOR OLR CtTk' RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 7. ^ /(, fv. ’ .le? n.i--ir u r. tfO- 3. i IcV V>Vn^v^^’,IC . ' 'Vj Mcm-C ii|.. 4- r n • /O ‘Tv* f*•>.-------/A --------f**- ■ » « ---------- ^’.1 _J_ 6. Va Oi •... TIWa 1\ '__t_ 7. .-TUvl^lY ftLlH'.' ^SLu Oil.___^ 8. V^‘0 \.v,uV‘\?C N'T ,7 9- 10. 11. 12. n. 14. 15. Kium-MT«tM»»n>ucs4«M»-nmiCATr 1 .i Coci^Li'X^ ORONO PLANNING COMMISSION Monday, April 16,2001 • 6:30 P.M. 2750 Kelley Parkw ay - Council Chambers AGCNDA Council Representative: Mayor Peterson AUDIENCE MEMBERS: Please sign in for the public record at the front podium If you wish to address the Phinning 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 Council. If action is taken on any items on this agenda, they will be scheduled for the May 14, 2001 City Council meeting unless otherwise noted hy the Chair. OLD BUSINESS ^ ttOl-2664 Mitch and Kim Olson, 3265 Carman Road, Variance (Staff: Wendy Bottenberg) NEW BUSINESS ^ ttOl-2673 Gary Germundsen, 4101 llighwood Road, Kciiw'.^’v! of Variances (Staff: \\ t*ndy Bottenberg) 3. tiOl-2668 Manley Bros. Construction. 1973 Eagerness Point Road, After the Fact Variances, and Conditional Use Permit (Staff: Paul Weinberger) A. tiOl-2669 Richard J. Wett. 1396 Balder Park Road, After the Fact Variance (Staff: Wendy Bottenberg) /fO 1-2670 Cheryl and Peter Kramer, 2140 North Shore Drive, Variance (Staff: Paul Weinberger) ifOl-2671 Alistair and Kristin Jacques, 645 Old Long Lake Road, Variances (Staff: Wendy Bottenberg) tfOl-2672 Jim and Shaion Walker, 2685 North Shore Drive, Conditional Use Permit (Staff; Paul Weinberger) ^ MO 1-2667 Richard Anderson of North Shore Marina, 3222 North Shore I Drive, Conditional Use Permit, (Staff; Mike Gaffron) PLANNING COMMISSION COMMENTS 9. Report of Planning Conunission representatives attending Council meetings March 26,2001 and April 9,2001. 10. Other issues for discussion. 11. Planning Commission approval of minutes for March 19,2001. 12. Selection of representatives for Cih Council meetings on April 23,2001 and May 14,2001. ADJOURNMENT 4iX) ^ 4400 g 4000 Q City of Orono, Minnesota Street Numbering Irxiex Map ■ n no rheb t uuc.«c »t» AM tO.WU AM >. >«•' •kfM M« w.M* MA ir.WM *»• OKONO PLANNING COMMISSION Monday. April 16,2001 - 6:30 l*.M. 2750 Kelley Parkway - Council ( hambers ACKNDA Council Kcprctenlalhe: Mayor Peterson AliDIKNCK Ml .MlteiCS: Pleaie sign In for the publie record al the front podium if you whh to address the Planning Commission. Applicants mill be asked to move to the front table to anvmer quesliotu sshen the Chair announces the application. Tbe Planning Commission is nn advisory body to tbe City CounctL If action is taken on any items on this agenda, they mill be scheduled fur the May 14, 2001 City Council meeting unless olhcnsue noted by the Chair. OLD BUSINESS 1. MH-2664 Milch and Kim Olson, 326S Carman Koad, Variance (Stair. Wendy Dotlciibcrg) NEW BUSINESS 2. hOl-2673 Gary GermunJscn, 4101 Highmuud Uuad. Rencmal of Variances (Stair Wendy Boltcnberg) 3. 001-2668 Manley Bros Construction, 1973 Eagerness Point Koad, Aller the Pact Variances, and Conditional Use Permit (Sufi Paul Weinberger) 4. hOI-2669 Ridurd J Wett, I3V0 Haider Park Koad, After the Fact Variance (Suff Wendy Bottenberg) 5, WOl-2670 ChcryI and Peter Krantcr, 2140 North Shore Drive, Variance (Suff Paul Weinberger) 6. <*01-2671 Alistair and Kristin Jacques, 645 Old Long l.ake Koad, V'ariances (StafT; W'endy Bottenberg) 7. KOI-2672 Jim and Sharon W'alkcr. 2685 North Shore Drive, Conditional Use Pcnnil (Suff: Paul Weinberger) 8. trOl-2667 Richard Anderson of North Shore Manna, 3222 North .Miore Drive, Conditional Use Permit, (SulT: Mike Gaffron) PLANNING COM.MISSION COMMENTS 9. Report of Planning Commission represenUtivxs attending Council meetings March 26, 2001 and April 9,2001. 10. Other issues for discussion. 11. Planning Commission approval of minutes for March 19,2001. 12. Selection of rcprcsenutives fur City Council meetings on April 2), 2001 and May 14,2001. ADJOLRN.MENT TO: Chair Hawn a;:J Orono Planning Commission Members Ron Moorsc, Ciiy Adminisirator FROM: Wendy Bollcnbcrg. Zoning Administralor/Planncr DATK: April in. 2001 SIIBJKCT: ftO I -2664 Mitch and Kim Olson 3265 Carman Road Variances - Public Hearing Zoning Dlslrlcl: LR-1B One Family Lakeshore Residential District (I acre) l^tArca: I5,679s.f. (.36 acre) List of Eshibila A Analysis B Application C Site I'lan/Survcy D I lardcos er Calculations F F’hoios of Property F i.ocation Map G Property Map H Permit Record I Property Owner’s Fist Pertinent Code Sections: 1. ^section 10.03, Subd. 14(C): Lot coverage: In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint arcas of all principal and accessory structures shall not c.xcecd 15% of the lot area. To permit a variance to allow lot coverage to be 3,280 s.f. (20.9%) where 3.416 s.f (21.8%) exists and 2.352 (1.5%) is allowed. 2. Section 10.22, Subd. 2 nnd Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250* setback area: To allow 4.501 s.f. (52.25o) of hardcover in the 75-250' lakeshore setback, where 4,685 s.f (54.4%) exists, and 2.152 s.f (25"o) is allowed. Application Summary : The applicants asked that their application be tabled at the March 19. 2001 Planning Commission meeting. This will be the first time the Planning Commission has reviewed this application. The applicants are proposing to consuuct a 360 s.f [(31* X 12')- 12s.f] attached garage on the street side of the residence. As a result of discussions w iili staff, the proposal in fror» of the Planning Commission is significantly smaller than what w as originally submitted. The garage depth has been reduced from the initial submittal and as revised will be located appro.xiniatcly 36* from the front UOI-2664 Mitch and Kim Olson 3265 Carman Road I ananccs 4 102001 Page / property line where 35' is required, so a setback variance is no longer needed. Lot coverage and hardcover variances are requested, although each currently exceeds the standards and shows a slight reduction from existing levels. Hardcover The garage addition ••• located in the 75-250* setback /one. Hardcover in the 75-250’ setback zone is currently 4.685 s.f. or 54.4 *!o (e.xcluding mmconfomiing rock'plastic which must be removed). Tlie applicants are proposing to remove a large portion of the deck on the lake side of the residence in order to reduce hardcover and structure, and will also be rearranging driveway and sidewalk hardcover. AHer proposed removals, hardcover in the 75-250* setback zone will be 4.501 s.f or 52.2 %. 1 lardcov er in the 0-75* zone is also decreasing via removal of deck portions as well as a stairway and some retaining wall sections, l-xisting legal 0-75* hardcover is 584 s.f or 8.3 %. Proposed 0- 75’ hardcover is 249 s.f or 3.5 %. Structural Coverage The structural coverage currently on the lot is 3.41 6 s.f or 21.8 ®/o. The garage addition and removal of a portion of tlie decks will result in structural coverage of 3,280 s.f or 20.9 ®o. Of this amount. 12.8®b is the existing house and garage addition, while 8.1 % is deck and pool stnicturc which arc structure by definition due to their heights above grade, a result of the slope of the site. Prior Applications Three prior owners of this propertv have made previous zoning applications for the site. 1 his properly was grantcHl a variance in 1978 to allow the pool to be constructed 3’ from the side lot line. The property was again the subject of a v ariance request in 1985-86, this time for aUer-the- fact decks. The owner constructed decks around the pool area and along the lake side of the house without permits. Ilie result of that variance approval was a requirement to remove portions of the new decks, while certain .segments of deck were considered as non-hardcover due to height above ground, board spacing and permeable grass below (a quirk in Orono's hardcover policies that lasted only for a year or two in the mid-1980s). A third application was approved in 1997 for a CUI* to reconstruct retaining walls in the 0-75* zone. The current survey when compared to the approved 1985 deck plan shows that the required deck removals were apparently never completed by the then property owner, although the decks were inspected in 1986. The current owners will be removing the unapproved portions of deck a« well as additional portions, as part of the current request. Note that the deck segments approved as non-hardcover in 1985 are considered as hardcover under current code, and have been included in the hardcover calculations. WI-2664 Much and Kim Olson 3265 Carman Road i’anances 4^mooi Pagtl The applicants have included their statement ofharaahip in Exhibit B. The applicants should olso be asked for their testimony regarding this issue. Iisucs for Consideration ; 1. Massing is not an issue in this pn>posal in staff s opinion. The garage addition Is on the street side of the residence and the two adjacent properties w ill not be adversely affected by the addition. 2. The lot is undersized for the LR-1 It zoning di.strict. 3. The residence was built well before current zoning standards were adopted. 4. The applicant is proposing to remove structure on the lakeside of the property reducing hardcover in the 0-75' and a ptirtion of the driveway reducing the hardcover in the 75-250’ setback area. 5. Can the applicant confirm that the portions of retaining walls to be removed arc not necessary for drainage or erosion control on the site? 6. Docs the Planning Commission have additional issues or concerns with this proposal? Staff Recommcndalion ; The applicants hav e made a goi>d fiilih effort to reduce the size of the garage addition and bring the decks into conformity w ith the prior approvals. Although hardcover and lot coverage still will greatly exceed City standards, the applicants* proposal docs result in slight reductions of hardcover and lot coserage when compared to the legally existing levels. Planning Commission must determine whether the proposed reductions are adequate and appropriate given the stated hardships and the nature of the site. Options for Action: 1. Recommend approval of hardcover and lot coverage variances for the garage addition with removals as proposed. 2. Recommend denial of variances. 3. Table for further review ’ or further specific information, advising the applicant wliat other possible revisions will moke the application acceptable. 4. Other. HOl-2664 Stitch and Ktm Olson 3265 Carman Road t'ariancts 4/m PagtJ ANALYSIS WORKSHEET Lol Area; LR-IB Lot Area Lot Width Required 43.560 s.f. (1 acre)140' Actual 15.679 s.f. (.36 acre)88* at OHWL; 95' at 75' setback Hardcover Cglculntiony 'RcoiBiaint hardcover after removab: Remaining deck (6 » 28 / 2) + (5 * 12) ■ 144 i.f. Remaining retaining walls after removal of walls/steps - 105 a.f. (Please sliow ns how/wberc) Total remaining hardcover in 0-75* ■ 144 ♦ 105 “ 249 s.f. A Distance from shoreline Total area in setback Allowed hardcover Existing hardcover (Does not laclude aoa- conforming rock/plastic/fabrk) Proposed hardcover 0-75'7,071 s.f.0s.f. (0%) 584 S.f. (8.3%) 249 s.f.* (3.5%) Reduction 75-250'8.608 s.f.2.152 s.f. (25%) 4,685 s.f. (54.4%) 4,501 s.f. (52.2%) Reduction Structural Coverage: Total Lot Size Total Structural Coverage 15.679 s.f. (0.36 acres)Allowed: 2.352 s.f. (15%) Existing; 3,416 s.f. (21.8%)* Proposed:3,280 s.f. (20.9%)* ♦ Reduction J646t.r. *Etisting lot coverage: House (all in 75-250* zone)--------------------------------- Pool and decks (portions that are legally csbiing): Submittal - 1668 s.f.; staff calc - 1770 U (0-75-401 sf; 75-250*-1369).----------llllLtL Total ctbliag lot coverage - 3416 s.f. ••Proposed lol coverage: House....................................................................................—-......................a.t. Garage Addition (12* x 31*) - 12 sf.-----------------------------------------------------------------------360 U Pool and decks after proposed removab (staff cak matches submittal)-----------------------{22±tL Total proposed lot coverage - 3280 s.t FROM : MISKOUIC'8 PHOrC M3. : 7S3 S3& 9965 Dec. 22 2000 03:i7Pn P2 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00* ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for noixonfbnning stnictures $250.00 After-the-Fact Fees (Double application fee) AimllcrtloD»_. gl-li.tivj DatcRaetived 2 fij /_cc»Mp, Arnoimt Paid ^ PROPERTY INFORMATION SitcAddreia ^-P. Property Identificadoo Number (PJ.D.)_ Attach legal description to application if not included on required survey. Date Property Acquired_____________________________________ I (do) ^do noQ also own the adjacent parcels of land. Present use of property: Presidential ___pother (specify). Zoning District: ---------------------------- '-a .(month/year) APPUCANT Name Phone 0^roe)_ Address: ______City:K^p|^t4*» OWNER Cf dififerent than applicant) Name K/lrflgje Address:ciiy:jaCciSL l%one fliome) - •^*1 Phone (work)____________ C.Ai DESCRIPTION OF REQUEST Describe request in detail: Esdmated Construction Cost $ d^ir*»jrs^ J>otMaex #ia^A»gAqpinttA •t> gbJM^eur iy F<».ipnR * (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:t^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 compliance with Zonii^ Code requirements: IJpa/lg t lT»fl UP •_____ likm. wV -ivic4g- (attach additional sbeeu if necessary) t -• 'in W ' ^ •. CERTIFICATE OF SURVEY FOR MITCH OLSON OF LOT 5, BLOCK 1. CARMAN COVE HENNEPIN COUNTY. MINNESOTA LEGAL OCSCWPTION OF PW£IJS£S Lot 5, Bock «. CARMAN COVE o : d€flOtes iron morker (945 4); Eiisting spot €l«vation. ineon s«o level datum Bevingt ihown ore bo*ed upon on o%t\Mne4 dotun This Slavey intends to it*ow the boundaries of the obove described property, the locolion of on e.istinq house, ond the location of od visible “hordcover" thereon. It does not purport to show ony other improvements or encroochments. LAGOON m 4 CONTOtW L»C Mar 13 01 01:49pi Katharlna Tailor Hoaaa 783-473-3414 P.2 SCTIACK ZONE: (CIRCU ONI) 0-7S* HARDCXIVER CALCULATION WORKSHEET A H oum fC HAUDCOVga IM 230.500* 300-1000* Wi*h B. Gaife C Drivtmy a Sidtwalk E. radoAkck Uadcftek By Plutk G. Olhcr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B bhoh _____________ B X too X 100 PROPoara WAnnnQyaf TiftNl A. H oum k>00*VO^ Lnca wiia '•jp a Oofifi C Drivonaqr D. Si^iMlk E. PttiaA>«d( F. By Ploitk G. OdKT TOTAL HARDCOVER IN ZONE TO!^^WOIWTY AREA m ZOg^ X 100 U>2. 4nfc ■»ario& S.F. S^. S.F. S.F. ■.\ SE. SE. S.F. SE. SE.CMcVltBU SE. 8E.Aaoic.M4 SE.^>0no SJ nC4CV4M4i SE. A SE. B .H SE.Wl4ll»4ir S.F. ^oOi-nati SE. SE. S F. SE. •o-8E. KMtf# SE. >UU SE. 8.F.f-I S.P. A _SE. B 763-473-3414Mar 13 01 01:49p Katharlna Tailor Hoaaa f f f* harocoverjc ^ulation worksheet SCTBACKZONE: (CDICLSONE) TS-IST ISO-SOO* p.3 5®^IW riftCTilin HAanmvKa iw MWf A. Houw _____________ X WMUi B. G«^ C Driveway D. SMmdk E PriiaOkek _____________ x • _________ ypcftc TKArt>)AS ^>»7xCo*iT»5wfrTrc^/48r flJirTi uc. /u zaof------- ---------- Uodwlaln By Plaidc v^c. /*j 2^0 r _____ X _____ X _____X 0. Ote TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE S4g> - B -1^^^ B raoposED nAWi A. HoaK _ IN ZONE E Oaixga C Driveway D. Sidewalk E FWio/Deck Underiain By PIntie X 100 X 100 WUWi a Other TOTAL HARDCOVER IN ZONE TOTAL PROPE lY AREA IN ZONE '2M * B _ T£lL X 100 .A- S.P. SF. S.F. SF. SF, SJF. S.F. ,S.P. EF.- 1*0 SJ. EF. SE .mi - •8E. SE % SJ. SJ. SJ. S.F. S.F. S.F. SE SE S.F. S.F. S.F. S,F. S.F. A SF. B % t nri - .yirO'^l i'JLii Co^\i\^in tYI in?]’ 4 ‘ ■ - •^tmmtu. . vaSSaakrTTs f .J ORONOi Arm * ood Point -•• ■myxiSM^' v;*’ v\ \ t - * ft/1" V ' \ >'* '‘.J i4rm :••» • -V >' Crystal (\ •»’ V Bay}: oiifm PERMIT NO^ 3CO siklet file PERMIT RECORD PATE TYPE OF PERMIT 03 /Ua- PJA^^ AAs^ ±1L ArL S3 -3<//^•y^)f] IdL\^ V LJ(r:^/\. (/UfiA.. J lOS" /OOD l! /<gfc^3 7 ^■/Hl ^-3diL 2,!3.9S 3-/f- fy . > IfLf/AJy.U' dS( 9'^9'fS '^4 0.^' /SlA./7/.Iff A AhMs A/,.^ A- J lUN DATE 12/22/** ■ATCN StA ftOP ADM OWNER NAHC TAXrAVER NANC/AOM PROP AOOR OWNER NAtK TAXPAYER NAME/AOOR M 2R-117-2S lA RMY •S225 CARMAN RO D C A V A NOUCK MVXO C HOUCK S22S CAIMAN RO EXCELSIOR MM 55SS1 3R 2R-U7-2S lA #012 0S27S CARMAN RO MICHAEL HALLAOAV ET AL SORAMAE G HALLAOAY S27S CARMAN ROAD EXCELSIOR MN S55S1 HENNEPIN COUNTY PROPERTY XNPORHATION SYSTEM PROPERTY OWNERS LIST SR 2#-I17-2S lA ##I# ■32AS CARMAN RO J S NIELSEN I X R NIELSEN JON S ■ KIRSTEN R NIELSEN 52AS CARMAN RO EXCEf-SIOR HN S5331 3# 2#-117-2S lA iOIS •328S CARMAN RO L R MOtSATMER I L D SALLEE L R MOLSATNER « L 0 SALLEE 32RS CARMAN RO EXCELSIM m SS3S1 REPORT HO. PlASSAIl PAGE U U 2#-117*2S lA R#ll •3245 CARMAN RO K H M OLSON AND OLSON K N N OLSON I N 0 OLSON 3245 CAmUN RO EXCELSIOR m 55S3I SR 2#-U7-2S lA ##1A •32AS CARMAN RO T P LOWE IRA LOME TNOMAS P LOWE S2A5 CAIMAN RO EXCELSIM HN 55331 PROP AOOR OWNER NAME TAXPAYER NANE/AOOR PROP AOM OWNER NAME TAXPAYER NAHE/AOM Sa 2t-II7-2S lA ##I5 03300 CARMAN RD JOAN E NIELSEN JOAN E NIELSEN 3500 CARMAN RO EXCELSIOR MN SSSSl SR 20-117*23 lA 0025 •2455 KELLY AVE J W EUCSTER I C M EUCSTER JACK EUOSTER/CAROL M EUCSTER 2455 KELLY AVE EXCELSIOR HN S5331 3R 20-117-23 lA 0014 0003S ADDRESS UNASSICNEO VILLAGE OP ORONO CITY OP ORONO PO ROW 44 CRYSTAL RAY HN 55323 TOTAL DATCN 504 OOOIR 30 20-117-2S lA 0017 024AS KELLY AVE MARILYN H MCCLASKEY MARILYN N MCCLASKEY 24AS KELLY AVE EXCELSIM MN 55331 FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenbcrg, Zoning Administrator/Planner April 10.2001 SUBJECT: #01 -2673 Gar>’ Gcrmundsen 4101 Highwood Road Variance -- Public Hearing Zoning District: Lot Area: LR-IB One Family Ukeshorc Residential District (1 acre) 8,550 s.f. (.218 acres) List of Exhibits A Application Site Plan/Sur>'cy Resolution #3889(1997) Council Minutes 4/28/97 Planning Commission Minutes 4/21/97 Staff Report 4/16/97 Photo of property Location Map Propert>’ Map Property Owner’s List Application Summar)-; The applicant has applied to renew variances for street setback, west side setback, east side setback, lot area and lot width to permit the construction of a new residence to replace the existing residence on the property. On April 22, 1996, owners of this property were granted the variances and were renewed on April 28,1997. Pertinent Code Sections: Section 10.22, Subcl. 2 & Section 10.56, Subd. 16 (L), Lakcshorc Setback Regulations. Section 10.24, Subd. 5(B), LR-IB Lot Requirements. Discussion: This is a request for renewal with no change of variances granted in 1996 and renewed ini 997 to allow the replac. nent of the existing residence on this substandard lot, with a new residence. The variances granted in 1996 and 1997 and requested for renewal are: A. 25' front or street setback where 30' setback is required. B. West side setback of 9.5* where a 10' setback is required. C. East side setback of 6' where a 10' setback is required. D. Variance to allow lot area of 8,550 s.f. where requirement is 43, 560 s.f. E. Variance for lot width of 46-50* where 140' is required. F. Variances to allow' 75-250' hardcover of 1,956 s.f. or 40% where only 1,220 s.f. or 25% is normally allowed. $01-2673 Cary Cermundsen 4101 Highwood Road Variemee 4/10/2001 Page I 'VV The prior applicant, Eva Theobald, has passed away and her son owned the property until recently when he sold it to the applicant. It is the new owner who has applied to renew the granted variances. The findings of fact supporting Planning Commission’s and Council's prior approval are listed in items 3 A through H of Resolution #3889. The general conditions at this location have not c' anged, and staffs principal concern remains that suitable drainageways must be established by irking with the adjacent property owners, so that applicant’s construction has no negative impact on the neighborhood or adjacent properties. This is addressed in approval condition No. 3 of the prior approval. Staff Recommendation; If Planning Commission concludes that the findings of fact supporting this variance request are still valid, then an approval recommendation is appropriate. 001-2673 GttryCtrmundsen 4101 Highwood Road Variance 4/1072001 Page 2 # o rdt r;' ■A /ApplicatioD H iO/**‘o2^7«3 Date Received Amount Paid Ao CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-thc-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address *H\ 0 \ >Vone rvuuiwj,_________ij.y-,-1 ------- v-----m.x -----------—----------------------- Property Identification Number (P.LD.Y oi - - A. 3 - qo v Attach legal description to application if not included on required survey. Date Property Acquired _____-y/ ________________________(month/ycar) I (do) (do not) also own the ^acent parcels of land. Present use of property: *^idential other (spccify)_^------------------------------ Zoning District:_ AHdress: tSO VL^ -<U-\ Phone (horned 5L- T^ Phone (\\x)rk)j£j2iJ:^^iL!liLl3r City: ^ c A AO.____________Zip:. 0\WER (if different than applicant) Name ______ Phone (home)_ Phone (work)_ Address:.City:, description OF REQUEST Estimated Constnr^on Cost $_ Describe request in detail: /Voc ^ccoao lv^ie (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ^Uii Width .✓^Setback: __Front Side Hardcover Rear Lot Coverage __ Average Lakeshore Other (q)ccify) IIARDSinP/DESCRIPTION QF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance >vith Zoning Code reoulrements:^^^^ J r ----- Vtj ^8 on.\f. .f> «\rNVfst>-D * O C\iSifedditl(attac Vfc ^ A o C ^ . \ ---- onal sheets if necessary) 4«£A or MOUSE k CARACC (iNauOINC CANTILCVCR) RAISCO OeCK CNTRT area or ORIVCAMUC TOTAL HAROCOVOt . 1 15 (A so, ri TOTAL AREA OT LOT - 5M0.J7 SO. fT. LOT ABOVE TV LAKE SCTACX » 4B«2.2I SO. FT. . -lo'/oTOTAL HARDCOVER ABOVE 7S‘ LAKE SETBACK Ron Krueger & Associates, Inc. t Untf StVMftng miv*ig MOI Etfna MusKW BtnX. CdMa. MianMOU S843S-2924 (•12) •3I*2I>9 iifaiiiMi GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 8 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECITONS 10.24, SUBDIVISION 5 (B); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE «2225 \MIEREAS, John Theobald Cherclnaftcr "the applicant") is owner of the property located at 4101 Highwood Road williin the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter property"); and WHEREAS, the applicant has applied to the City for renewal of variances to Miuiicipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence to replace the c.xisting residence on the propert>% the new residence to be located 25* from the front or street right-of-way line where a 30’ street or front setback is normally required, and requesting a west side setback of 9.5* where a 10* setback is normally required, and requesting an cast side setback of 6' where a 10* setback is normally required, and requesting a lot area variance for construction of a new residence on a property of 8,550 s.f. in area where lot area of 43,560 s.f. is normally required, and requesting a variance for the existing lot width which is 50' at the shoreline and 46‘ at the 75* setback line where the lot width is normally required to be 140’ at such locations; and requesting a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250’ zone of 1,956 s.f. or 40% where only 1,220 s.f. or 25% hardcover is normally allowed. NOW. THEREFORE, BE IT RESOLVED by the City Council of Orono, Mirmesota: FINDINGS 1.This application was reviewed as Zoning File #2225. This application is a request for renewal of variances granted via Resolution No. 3719 adopted by the City Council on April 22. 1996. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^889 t • The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District, requiring 1 acre in area and 140' of lot width. The Orono Planning Commission reviewed this application on April 21, 1997 and recommended approval of the proposed variances based upon a finding that the findings of fact in Resolution No. 3719 arc still valid, and include the following: A. The property currently contains a small 600 s.f. house and no garage, yet the property already exceeds the 25% 75-250’ hardcover limit due to the extremely small lot area and narrowmess of the lot. B. The proposed house and attached two car garage will comprise of 1,492 s.f. of stnictural footprint on the property, meeting the 1,500 s.f. limitation for lot coverage on e.xtrcmcly small lots established in zoning code Section 10.03, Subdivision 14 (C). C. llic proposed house is located less than the normal 30’ required setback from Highwood Road in order to minimize the amount of hardcover needed for driveway. The proposed 40% hardcover in the 75-250’ zone *1 not dissimilar from the hardcover percentages on other properties in the neighborhood. Further, no hardcover is proposed for Ihe 0-75’ zone, and overall hardcover on the property is proposed at 22.9%, within the 25% standard of the DNR. D. The west side setback of 9.5' only occurs at a midpoint comer of the proposed house, while the majoril>' of the structure will meet the I O’ west side setback requirement. Further, the proposed construction has been revised such that the setback between the proposed attached garage and the detached garage on the neighboring property c.xcecds the 10’ minimum struclure-to-structure setback requirement. F. fhe proposed 8 ’ cast side setback, including a 10'x2’ cantilevered segment approximately 6' from the east side lot line, is ncccssar>' in order to maintain a functional house width for room layout. The house in total Page 2 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL MO. 8 8 8 9 _ is only 24* in width as proposed. The adjacent house on the properly to the northeast averages 18' from the lot line, hence the separation between the structures will be maintained at appro.ximately 26*, greater scparalion than might be obtained if all houses in the neighborhood were constructed right up to the required 10* side setbacks. O.WTtile the lot at 8,550 s.f. and width of 46-50 ’ is relatively small compared to the I acre/140' standards of the LR-ID zone, other developed lots in the neighborhood arc of similar size. Further, the property has contained a single family residence for many years and has remained in single separate ownership. Applicant has provided a grading and drainage plan which will adequately manage the runoff from the property. Because the neighboring property to the east has recently been reconstructed, the opportunity c.\ists for an appropriate drainageway to be developed along the common lot line. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions cxist'mg 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 property; would not iricrcly serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to prcscr\e 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. Page 3 of 6 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 8 8 9_____ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cit>* Council hereby grants renewal variances to Municipal Zoning Code Section 10.24, Subdivision 5 (D), granting lot area and width variances for construction of a new residence on the propcrt>- which is 8,550 s.f. in area where lot area of 43,560 s.f. is normally required and where existing lot width is 50 ’ at the shoreline and 46 ’ at the 75' setback line where a 140' lot width i: normally required at such locations; and hereby grants further variances to Section 10.24, Subdivision 5 (B) to allow the residence to be located 25' from the front or street right-of-way line where a 30’ street or front setback is nonnally required, and to allow an cast side setback of 6' where a 10 ’ seth.-tek is normally required, and to allow a west side setback of 9.5’ where a 10 ’ setback is normally required; and further grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250 ’ zone of 1,956 s.f. or 40% where only 1,220 s.f. or 25% hardcover is normally allowed, subject to the following conditions: I.Construction of a single family residence on this property shall adhere to the site plan and construction plans per the sur\ey by Ron Kr\ieger and .\ssociates, Inc. dated November 19, 1995 revised April 1, 1996 (Exhibit A attached). Any future revisions to the site plan which change the location or size of the house footprint, or which result in additional hardcover, will require additional review by the City. No hardcover shall be allowed in the 0-75' setback zone. In the 75-250' zone, hardcover shall be limited to 1,492 s.f. including the house and attached garage, and 462 s.f. in walkways and driveway, for a total hardcover allowance of 1,956 s.f. or 40% of the 4,882 s.f. 75-250' zone. Any hardcover in addition to that noted will require variance approval by the City, and is not likely to be approved in the future unless concurrent removals of pre-existing hardcover result in no hardcover increase above the 40% allowance. 3.Applicant shall work with neighboring property owuer to the east and with the City to establish sui' *blc drainageways so that the applicant's construction has no negative impact on the neighborhood or adjacent properties. Page 4 of 6 CITYof ORONO resolution OF THE CITY COUNCIL NO. 8889 Authorities granted by this variance run with the property not with the applic^t, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 28, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, slmll automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors arid assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ATTEST: Adopted by the Orono City Council on this 28th day of April, 1997. Dorothy M. Hallin, City Clerk GabriebJabbour, MayorX' Property Owncr(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) as. The foregoing instnunenl was acknowledged before me on this 28th day of April, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 8 8 fl . STATE OF MINNESOTA ) )8S. COUNTY OF HENNEPIN ) On this____day of____199 _before me a Notary l^lblic within and for said county, personally appeared ____________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On tliis____day of____, 199 _before me a Notary ihiblic within and for said county, personally appeared _____ known to me to be the person(s) described in and vho executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this____day of_____, 199 _before me a Notary Public within and for said county, personally appeared ___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (^“7 - #2217 - Thimmcsh - Continued) The applicant asked for Council direction. Council recommended noj^arCanance so the addition would be at 28', reduce the hardcover and a garage dojr^wduld be allowed. Flint %vithdrew the motion to table. Flint moved, Jabbour seconded, to^dd^lR^lutionNo. 3888 per the Plarming Coi^ssion recommendation vnth the cjtocfilion that ihe rear setback is to be met allowmg a 28 x 18 addition and remov^Ufl^e^sting shed for the property located at 1945 Fagemess Point Roa . Vote: Aycs>^K^ys2. Peterson and Kelley opposed. — ________________________—---------------------- ; (*#9) #2225 JOHN THEOBALD, 4101 incmVOOD ROAD-RENEWAL VARIANCE- RESOLUTION NO. 3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. TS'ilO) f2226 JOHN AND SUSANNEKOOB, 3065 JAMESTOWN ROAD- CO^XJIONAL USE PERMIT - RESOLUTION NO. 3890 Goetten rnoveiSCclley seconded, to adopt Resolution No. 3890 granting conditional use pemtHj^ermit construction of a berm on the property located at 3065 JamesloNN-nRoad. VotciSvy^, nays 0. (#11) #2227 GARY TUCKERT^e^VY PLACE-VARIANCES-RESOLUTION NO. 3891 The applicant was present. Van Zometen explained that the applicant is requesting asidS>at^anance ^ ^-etage property line because the ftont stoop and entiyssay would enctoacfein!o*e side > lakeshote setback to allow construction of a new deck, and a hardcover Vaq^ of S. J-e /«• Kellev asked for clarification of the hardship. Tucker responded that there is front entry. The stairway protrudes into the existing deck and is therefore not useable W»t^^ table and chairs. . L ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 -Wmi- Thimmesh - Continued) The applicant asked for Council direction. Council reconunended no^par<ariance so the addition would be at 28', reduce the hardcover and a garage do^fjwduid be allowed. Flint withdrew the motion to table. Flint moved, Jabbour seconded, tojMkJ^tRcsolution No. 3888 per the Planning Commission recommendation with thecjwc|5{Ion that ihe rear setback is to be met allowing a 28' x 18' addition and remov^loftlK existing shed for the property located at 1945 Fagemess Point Road. Vote: Aycs^r>N^2. Peterson and Kelley opposed. Review of this application follows revierv of Item #3. (*;#9) M225 JOHN THEOBALD, 4101 lUGlIWOOD ROAD - RENEWAL VARIANCE - RESOLUTION NO. 3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. iiU)) «226 JOHN AND SUSANNEKOOB, 3065 JAMESTO\\N ROAD- COi^TIONAL USE PERMIT - RESOLUTION NO. 3890 Goetten movM^Kdley seconded, to adopt Resolution No. 3890 granting approval of a conditional use pe^it^o permit consUuction of a berm on the property located at 3065 Jamestown Road. Vot^Ayes 5, nays 0. (fn 1) #2227 GARY TUCKER, 346^VY PLACE - VARIANCES - RESOLUTION NO. 3891 The applicant was present. Van Zomeren explained that the applicant is requesting a side'yaM variance along the north property line because the front stoop and entryway would encroaoiiqlo the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcoverVadance of 9.32%. Kelley asked for clarification of the hardship. Tucker responded that there is no wv^or the front entry. The stairway protrudes into the existing deck and is therefore not useablc^th a table and chairs. I . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21.1997 ^ #2221 Josq>h Vochko - Continued) Mr. VoctiltQsS^^ boulder wall was required for erosion control. He had thought contractor ha^^e^ained the necessary permits. There had originally been a railroad lie wall. He did nolwisMo replace the same type of wall or block type as they would require geo-grid material. Tlmlx^lders will follow the lerrain of the hillside to produce a natural look for the purpose of stafetti^g the hill. The applicant said he plans on adding low bushes. The Building Inspcctwitd City En^necr came out to the site and ask^ his engineering consultant to anchor ai^%Quldcrs that might require additional stabilization. There were no public comments. Smith questioned whether the hill would still erode. Schroedcr noted that engineers will generally not approve boume^^Us. The applicant indicated that the hill as >icwcd by the Commissioners wa^n^s planned as the work had been stopped in mid construction. Ho noted he plans on addiii^^^ar chips and vegetation. Lindquist moved, Schroeder seconded, to approve the after-the-fact variance and CUP subject to conditions #1-5. Vote: Ayes 7, Nays 0. (US) #2225 JOHN TUEOB.ALD, 4101IIIGHWOOD ROAD - VARIANCES - PUBLIC HEARING 9:08-9:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present along with architect, Stu lloam. Gaffion reported that the application w as a request for variance renewal for construction of a new residence to replace the existing residence. The variances previously granted and being requested are for street setback (25’ where 30' is required), west side setback (9.5* ^ where 10 is required), and cast side setback (6 ’ where lO* is required). Lot area variance is required from the 1 acre minmium for the 8550 s.f proper^. The lot width is 46-50* where 140 ’ is the standard, A variance to allow 75-25(7 hardcover of 1956 s.f or 40% is requested where 1220 s.f or 25% is normally allowed. There arc no changes to the appUcation. Gaffiron indicated Staff is continuing to work with the applicant regarding drainage on the property. Hoam indicated the previous resolution asked for a grading plan which the applicant still intends to provide. There were no pubUc comments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (^'8 - <^2225 John Theobald - Continued) Smith moved, McMillan seconded, to approve the renewal variances. Vote: Ayes 7, Nays 0. («9) »2226 JOHN AND SUSANNE ROOD, 3065 JAMESTOWN ROAD - , s^CONDlTlONAL USE PEIUVUT - PUBLIC HEARING 9:18-9:25 P.M. lAflidavit of Publication and Certificate of Mailing were noted. The Aphheant was present Van ZomcreK reported that the applicant is requesting a conditional use permit to allow the constructiXofa 350’ long and 10’ high berm to mitigate noise and views from the schools and athlcUc Gelds. It would also allow the residence to be screened from the concession stand aXportablc toilets. Van Zomeren said Staff recommends approval subject to a 3:1 slopiXp^berm. The berm will be landscaped with grass and trees. Due to the high volurric^fill required, 3100 cubic yards, or*300 truckloads, it will take time to construct. The appHpant has been asked to work out details with the homeowners association regarding the issXpf the roadway. Koob indicated the school has granted permission for their fencing trucks enter his property from the school yard. Van Zomeren noted^al annual reviews will be conducted until the completion of the berm in approxim^ly 30 months. Koob had no additional comments Lindquist asked the applicant if he understooXf*^^^'''^ variance would be required if the work was not completed within the 30 months. K^b said he understood. McMillan asked what erosion control would take plaXduring the construction period. The applicant said a bobcat would move the dirt in frouX'C north. Lindquist asked that grass seed be spread annually. McMillan noted there arc nb(ser>’ crops available to stabilize berms. Koob agreed to this suggestioa Hawn asked if there would be a silt fence located at the bottom oNhe berm. Koob • indicated the plan calls for a silt fence on the plan for erosion control Schreeder moved, Smith seconded, to approve Application ##2226 for a CW for 30 months with annual reviews to construct the berm. The applicant is to worRvwith Staff regarding landscaping and erosion control. A renewal variance would be reqim^ if the work was not completed within the 30 month time period. Vote: Ayes 7, Nays ^ TO:Chair Lindquist and Planning Commission Members • Ron Moorsc, City Administrator FROM: Michel P. Gaffron, Asst. Planning & Zoning Administrator DATE: April 16,1997 SUBJECT: #2225 John Tlieobald, 4101 Uighwood Road - Renewal Variances - Public Hearing Zoning District: LR-IB, Single Family Lakeshurc Residential, 1 acre, sewered. Application Summary: Applicant requests renewal of variances granted in April 1996 for street setback, west side setback, cast side setback, lot area and width, and 75-250' hardcover, to permit the construction of a new residence to replace the existing residence on the property. List of Exhibits A - Application B - Plat Map C - Property Owner’s List D - Resolution #3719 E - Survey F - Council Minutes 4/22/96 G - Planning Commission Minutes 4/15/96 H - Council Action Memo and Selected Exhibits of 4/18/96 Discussion This is a request for renewal with no change of variances granted in 1996 to allow the replacement of the existing small residence on tliis substandard lot, willt a new residence. Tlie variances granted in 1996 ana requested for renewal arc; A. 25 ’ front or street setback where a 30* setback is required. West side setback of 9.5 ’ where a 10’ setback is required. East side setback of 6' where a 10' setback is required. Variance to allow lot area of 8,550 s.f. where requirement is 43,560 s.f. Variance for lot width of 46-50 ’ where 140* is required. Variances to allow 75-250' hardcover of 1,956 s.f. or 40»/o where only 1,220 s.f or 25% is normally allowed. B. C. D. E. F. The prior applicant, Eva Theobald, recently passed away and her son now owns the property. The Endings of fact supporting Planning Commission’s and Council’s prior approval are listed in items 3 A through H of Resolution #3719. The general condiuons at this locaUon have not changed, and staffs principal concern remains that suitable drainageways must be established by working with the Zoning File #2225 - Theobald April 16,1997 Page 2 1 adjacent property owners, so that applicant's construction has no negative impact on the neighborhood or adjacent properties. TTiis is addressed in approval condition No. 3 of the prior approval. It should be noted that this proposal meets the 1500 s.t lot coverage limltatioii. Staff Recommendation If Planning Commission concludes that the findings of fact supporting this variance request arc still valid, tlien a recommendation for approval, subject to the conditions established in the prior approval resolution, would be appropriate. 7'^ 4.. v\ Application # aisi3i^ Date Received Amount Paid X CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 ^ o o(no change from original application) Variance for non-conforming structures S^i^OO After-the-Fact Fees (Double application fee) property infowvution , j ^ j Site *^0/ A//*:^AiOOO^ /fnAc/^------------------ Properu- Identification Number fpin> ^ y fiPC A .. _i. f/\ annlirft*lon if tint tMcIlldcd OH rCQUiTCd SIXT Propert>‘ Identilicauon iNumocr ir.i.u.i ru 7- ^ ^ f ------------------------------- Attach legal description to applicaiion if not included on required survey. DatePropjSi^cquired_________________________________________(month/year) I (do) (dono^lso c\%-n the adjacent parcels of land. Present usTofpropert>-: / residential ___pother (specify)^-----------------------------— 7nnmgDistrict: / ^ --------------------------------------------------------------------- applicant , ^ , , , ArfHrgss:o^^/7 OlWER (if different than applicant) . Name ^c>h(rJ Phone rhom e^ f/73 Phone(Nwrk ) <4/^:2- 7/ City: yhr\u AJrf Zio: 3 ^ Phone (home). Phone (\%'ork)_ Address;City:. VARIANCES IU:QUIRED “X Lot Area _2C NMdth )< Setback: jL Front jL Side )( Hardcover Rear X Lot Coverage Average Lakeshorc Other (specify) compliance \rith Zoning Code requirements:-------------------------------------------------— Pay l?0.0Q (attach additional sheets if necessary) 7 V. n li (76) ,, / <j 40 <0 C o • ®f»"> <r .Z- }?,•<'J •^J i**j cn 22 21 20 )^ id)(84)r ?-■"'f^ CO CM ./ nUH.OATt 12/11/9S DATai £07 HE)M£PXN county PROPCRTY IKTORKATIOM SYSTCM . PROPCRTY 0KCR5 U5T «fPOHT NO. PX4JS40X ■ PACE 17 PROP ADDR 0M4ER NAME TAXPAYER HAHE/ADOR PROP APDR 0>MER riAfiC TAXPAYER NAKE/ADOR PROP AOOR OIPICR NAME TAXPAYER HAHE/AOOR . •. • •- 18 07-117-15 AA 0010 0A079 IIXCIIHOOO RO JOJBJ T SANDOHN ETAL J T SANBORN A079 NXCtIHOOO RO HOUNO HN BSltA 18 07-117-11 44 0011 M091 IIICKHOOO RO r L joiMsoN I 0 L ross FREDERIC JOHNSON A091 HXaiNOOO RD hound HM BS5A4 18 07-117-21 44 0011 09099 KICHHOOO RO 0 L a R NELSON ALONZO 8 SERAH XU 9099 maiHOOO RD HOUNO MN SS164 18 07-117-25 44 0015 09101 tllCIMOOO RO EVA TIIEOOALO EVA A TIIEOOALO 9101 NICHHOOO ROAD HOUNO IM SSS64 18 07-117-21 49 0014 ^ 09105\ MXCMMOOO RO CIIARLESX/OA HART HILUAM^^ICKLEY 9105 MCHHOOO hound HN 55564' i'^ 18 07-117-21 49 OOIB 09109 HXCHMOOO RO • OEORCE M APPLEOAUH CEORCE APPLEOAUH 9109 HICHHOOO RO hound HN 55169 50 07-117-21 94 0011 09112 HTDINOOO RO SCOTT 0 a CATHERINE ANDERSON SCOTT 0 a CATHERINE ANDERSON 9132 NXOHHOOO ROAD hound 55169 38 07-117-21 99 0011 09100 HICHHOOO RO JASON H THEXS JASON THEXS 9100 HICHHOOO RO hound HN 55169 30 07-117-21 44 0084 09125 HICHHOOO RO JOHN H a ROOERTA J HENRXCH J0I04 H a ROOERTA J HENRXCH 9125 HXCHHOOO RO ORCNO MN BS169 i PROP ADDR OMNER NAHE TAXPAYER • NAME/AOOR 18 07-117-21 99 0006 09i09 HICHHOOO RO OLEN a 8EVERLY SAUER OLEN a BEVERLY SAUER .9109 inCWRXX) RO hound MN 55369 30 07-117-21 99 0007 09116 IUCt0«X)0 RO PHILLIP M OTTO PHILLXP OTTO 19050 STRATFORD RO 1209 HXIOCTONRA W £5595 TOTAL BATCH B07 00011 _ tmp FACTS REPRESENTED ARE AM ACCURATE AND TRUE OF MY.ICNONLEOCE AND BELIEF. <D BATE 12-12-ig. #2225 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 87 19 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECITONS 10.24, SUBDIVISION 5 (B); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE 1^2098 WHEREAS, Eva Theobald (hereinafter "the applicant") is ow-ner of the property located nt 4101 Highwood Road within the City of Orono (hereinafter ’’City") and legally described as follow's: Lot 15, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property'"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit Uie construction of n new residence in replace the existing residence on the property, the new residence to be located 25’ from the front or street right-of-way line where a 30' street or front setback is normally required, and requesting a wrst side setback of 9.5’ where a 10* setback is normally required, and requesting lut cast side setback of 6' where a 10’ setback is nonnally required, and rcqucsiinc a lot area variance for construction of a new residence on a propeny of 8,550 s.f. in area where lot area of 43.56(‘ s.f. is nomtally required, and requesting a variance for the existing lot width which is 50’ at tite shoreline and 46’ at the 75’ setback line where the lot widil* is normally required to be 140’ at such locations: and requesting a variance to Sections 10.22, Subdivision 2 and 10.56. Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1.956 s.f. or 40®/o where onlv 1,220 s.f. or 35% hx^dcover is normally allowed. NOW, THEREFORE, BE IT RESOL\XD by the City- Council of Orono, Minnesota; FINDINGS 1. Tliis application was reviewed as Zoning File #2098. Page 1 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.—3 7-1 ft----- bul arc permissive only and musl be exercised by applicalion for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 22, 1997). 5.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of April, 1996. AT iST: rolhy lallin. City Clerk Property Owncr(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of April, 1996, by Edw'ard J. CaUahan, Jr. & Dorothy M. Hallin. Mayor & Cii>' Clerk of the City of Orono, a Minnesota munieipal corporation and said instrument was executed on behalf of the Cit>'. CAROLE A HASE^W^J \\ hOUAYPlAUC-lyUAtSOM|) 1.. -XnJ htSSlPWCOWTY LV Cewiiuien Jin. 31.7X1C Lvxrssat Notar>‘ Public Pfloft S of 6_ CITYofORONO RESOLUTION OF THE CITY COUNCIL MO 8 7 19____ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On Ihii day of Qa^lUyiALj 199J?tafore me a Notaiy Public within and for said county, personally speared £'t/a ThenhaM----------------------------- knouTi to me to be the persou(s) described In and who executed the fofcgomg msmiraeni.and acknowledged that he (tliey) executed the same as his (their) free act and deed. /L.». ^ NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of., 199__ before me a Notary Public within I^wn M mrrobe Sfr«son»*^^ibed in and who executed the fore*®'"* insirument.and acknowledged that he (they) executed the same as his (their) free act anc ee NOTARY PUBLIC Page 6 of 6 I i ncpcaaoKMioa tOMCSTFlOOa awMJEnoon- ns'i • lororrojMvam pOOQ • 0CM>TC r* . ooon urr»c tfilK OF HOUSE * CARACC (INauoINC cantilever ) • 1/I‘IZ so RAISrO OCCX ENTRY area Of ORIVEATALK TOTAL HARDCOVER - •‘*5*R SO. fT. TOTAL AREA Of LOT " 0350.37 SO. fT. LOT ABOVE 75- LAKE SETACK - 4M2.2T SO. FT. total hardcover above 4 Q t! 73* LANE SETBACK - NDNUTES OF THE REGULAR OROiNO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 (fiS Teresa Fogarty - Continued) Callahan said he would like to see the design of the signs. Jabbour said he would be in favor of such signage if the merchants In the city collectively decided to market themselves as a group. Fogarty said the sign will be designed and presented at a later dale to the Council for their approval. Fogarty also presented the City with a banner recognizing the maiden voyage of the Minnehaha on May 25, 1996. She asked the City to hang the banner in support of this endeavor with the cities of Excelsior and Wayzata. ZONING ADMINISTRATOR'S REPORT (•#6) #2098 EVA THEOBALD, 4104 mCmVOOD ROAD - VARIANCES - RESOLUTION #3719 Hurt moved, Goetten seconded, to adopt Resolution #3719, grantuig lot area, lot width, 75-250 ’ hardcover, front (street) and side setback variances to Eva Theobald at 4101 Highwood Road for replacement of the existing residence with a new home. Vote: Ayes 5, Nays 0. hLVYOR/COUNCIL REPORT Hurr asked Gaffron to inspect Lakeside Marina to ensure that the marina is in compliance with ordinance regarding use of styrofoam dock floats. GaSron said he is awaiting a 1996 license application as well as conditional use permit application from Lakeside, although he has been advised that the st>rofoam conversion is complete. Gaffron will submit a report on the marinas on May 13. Hurr volunteered to assist with the inspections if needed. Jabbour asked Staff to look into fire safety inspections within the Long Lake fire district CO ensure there are no hazardous areas vsithin the businesses. He is concerned with the possibility of such hazards In practice Gafrron will follow up on Jabbour's request that such inspections be conducted by the fire marshall. Hurr asked that box lunches be provided for the Council on Wednesday evening due to back to back meetings at the school and Board of Review following in the Council Chambers. Goetten asked, and Callahan volunteered, for a Council member to stay the entire length of the first meeting to represent Orono before proceeding to the board of review meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#5 - A^2088 Winfield Stephens - Continued) Lindquist moved, Berg seconded, to recommend approval of Application #2088 for a 15* west side street setback for the garage, a 3-1/2’ north side lot line setback, structural coverage not to exceed 15%, setback of 5 ’ from Bayside Road for covered porch, with the understanding that the existing foundation will be used with the exception of the cast foundation wall, which would be replaced. The Building Official must confirm that existing foundation, c.xccpt for new support wall at east side, is to remain. Vote; Ayes 4, Nays 1, Smith, due to excess structure. Motion approved. (#6) #2098 EVA THEOBALD. 4104 HlGirVVOOD ROAD - VARLANCES - CONTDS'UATION OF PUBLIC HEARING - WRITTEN RENOTUTCATION OF NEIGHBORS 7:40-7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Stuart Hoarn represented the applicant. Mabusth reported that the original appliration has been revised. The street setback remains the same as originally proposed The west side lot setback, originally proposed at 6.8’, has been revised to 9.5’, where 10’ is required The separation of the neighbor’s garage to the house has been revised to 11’, meeting required 10’ separation. The lakcshore setback is met by the proposal. The lot coverage has been revised to 1492 s.f meeting the 1500 s f allowable The hardcover in the 75-250’ setback, originally proposed at 46%, has been revised to 40% The code allows 25% in this zone. The lot area and lot width remain the same. Hoam commented that the applicant and he reviewed and followed the Planning Commission’s direction, which resulted in the amended proposal. Hoam asked that the application proceed on to the next Council meeting. There were no public comments. Hawn asked if the driveway was of the size to allow a visitor's car to park. Hoam said the driveway would hold two cars with two cars inside relieving some of the street parking problem in the area. Commissioners commented that the proposal was in keeping with the neighborhood, and the applicant’s addressed the concerns previously brought forward by the Planning Commission. Hawn said she was concerned with precedent setting and noted the need for the Commission to discuss the overall codes and set specific guidelines. . J L MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15. 1996 (#6 - #2098 Eva Theobald - Continued) “■ Peterson noted that the lot width was a problem with the application. Mabuslh commented that drainage and storm water was a problem for this particular neighborhood. Hawn commented on the 40% hardcover being proposed in the 75-250' zone. Lindquist noted that the applicant was allowed 15% structural coverage. Peterson added that the coverage was behind the 75* line. Hawn said she would like the resolution to note that no additional hardcover be allowed. Smith added that the proposal was in keeping with the area. Lindquist moved, Hawn seconded, to recommend approval of Application #2098 for side setback on east and west, street setback, hardcover in the 75-250* zone, and lot area and width variances, with the understanding that Staff, Engineer, and adjacent property owners review the drainage to the cast. Vote: Ayes 5, Nays 0. (#7) #2124 JOHN A. EARLLNG, 2165 COLIN DRIVX - VAIUANCES - PUBLIC HE.ARING 8:11-8:29 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was present. The property is located on the south side of the cul-de-sac on Colin Drive, off of Brown Road. Mabusth noted that the proposed detached garage has been increased in size to 18'x3(y. The garage is proposed 10* from the road ouilot extension, and will maintain the 50* required setback from the cul-de-sac and 50' in front of the principal structure Mabusth reported th.'»t the maximum height of the structure is 18 ’. Peterson inquired if the City had any plans to develop the ouilot road. Mabusth said it would only be built if needed to connea with development to west, but this would be decided by City at a future unknown date Peterson asked how the garage location on the lot was determined Earling said the other two options considered were affected by the location of the wellhead and visual impact on view from the master bedroom. The only variances required for the application is the 40* variance from the street with the garage being located in front of the principal structure. JL REQUEST FOR COUNCIL ACTION DATE: April 18.1996 ITEM NO.: Department Approval: Name Michael P. Caf&on Title A&st Plonnbg & Zoning Administrator AdmbUtrator Reviewed:Agenda Section: Zoning Item Description: #2098 Eva Theobald, 4101 Highwood Road - Variances - Resolution Zoning Disti ict: LR-IB, Single Family Lakeshore Residential, 1 acre. Application: Request for lot area, lot width, 75-250’ hardcover, front (street) and side setback variances to replace existing residence with a new home. List of Exhibits A - Resolution B - Notice of Planning Commission Action 4/18/96 C - Memo and Exhibits of 4/9/96 Discussion Please review me memo and exhibits of April 9th. Briefly, the applicant intends to sell her propert}', and is working with a realtor, Stuart Hoam, to obtain variance approval for construction of a new residence on the prop-Tty. A specific house design has been developed for this limited site, which requires a number of variances as follows: 1. 2. 3. 4. 5. 6. Street setback (25* proposed, 30' required). West side setback (9.5' proposed, 10' required). East side setback (S' proposcd'6' cantilever, 10' required). 75-250* hardcover (40% proposed, 29.7% existing, 25% allowed). Lot area (8,550 s.f. existing, 43,560 s.f. required). Lot width (46'-50* existing, 140' required). This item was originally reviewed by the Planning Commission in January, at which time it was tabled for revisions. The applicant advised to reduce proposed lot co\*erage to the 1,500 s.f. limit, eliminate the stnicturc-to-structurc setback variance to the neighboring garage, and attempt to maintain 10 ’ setbacks from the side lot lines. The revised proposal was re\icwcd by the Planning Request for Council Action continued Page 2 of 2 April 18, 1996 Zoning File <y2098______________ Commission at its April 15th meeting, at which time it was noted that the stnicture-to-sUncture setback variance had been eliminated, proposed lot coverage had been reduced to within the 1,500 s.f. limit, but due to the narrowness of the lot, side setback variances were still requested. Planning Commission Recommendation Plarming Commission reviewed the revised proposal and recommended approval as presented, subject to City staff and engineer \v*orking with the applicant and adjacent property owner to the cast (Al Seran, who recently reconstructed his residence) to jointly address drainage needs for the site. Neighborhood Drainage Concern It should be noted that an anonymous person submitted a letter (Exhibit F of April 9th memo) expressing concerns about neighborhood drainage. Staff agrees that the Highwood Road drainage situation should ultimately be dealt with in a comprehensive manner. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED: Adopt Resolution H_____, 2nd series, granting lot area, lot width, 75-25(y hardcover, front (street) and side setback variances to Eva Theobald for replacement of existing residence with a new home. seconded by to adopt ResolutionProposed Motion: Moved by______ U ___j granting lot area, lot width, 75*250’ hardcover, &ont (street) and side setback variances to Eva Theobald at 4101 Highwood Road for replacement of the existing residence with a new home. Vole; ayes, O nays.. iblirlmiii A 1 G- W' • *^ •ir^ ■ "W "1 Cf! coocxri P)Cud 7^ mmm arc'; X':, • ■ •■>«••■ A. -t.. 8 t’-li. ■ f,. '.ij^ .* ;• *T;<.: . - V f i".*-'r.- .r*f-r-‘''V^5V- ■ i^. V. i - ■ v'A- n- ;• -.■fc' ' "V ■ ’’:c^.’ '••' v*;- v^iir. 1*'." • .• 71*rV.*-*;'- •■ V.i- :-S‘- ;o OAX A XTv ^ ... - ^ '■< j5» Skogsberg Feint J@\ i--4 4 CUllMj? ‘"-v -V DEERINO \U • •(Me.. tttiii CSkUii ISIS i58?ifaaiUili _U-V;A V •■'. Crystal i'^TBohiu VX'AV •■ ;. .: ^:i:■ 'r '' - ■ ■■^BayX-^-r l*v: •• ■ •. •:. / . ’i '•vl cin8U|i ri ~1 uw|»<aT6i mai: isseftses !£!!!!•••• *1 \*UMV I an M /'tlCH ■m MI»EU .. .,V-/| *• S..''' <»- lomino \PellCpn Feint 1.1 M/h ^ >v Carman .^4yt ??=A/ ^GOOSE "^'--^ISLAND VU Atw ,SPRAY pLAfjD Arn.. i 'i . lO -*.• itUN.DATE }2/ll/95 DATCM 507 Z'' PROP AOOR OWER NAME TA}(PAY£R ' NAHE/AOOR PROP ADOR CPM2R NAME TAXPAYER. , hauc /aoor ItOOOIPXN COUNTY PROPERTY XNFORMATXCN SYSTOt PROPERTY OHNERS LIST REPORT NO. PX<^i3S401 * PACE 17 PROP AOOl OMCR NAME TAXPAYER NAJiE/AOOR SO 07-117-23 44 0010 04079 laSlMOOO RO JOI<N T SAMKMN ETAL J T SANOORN 4079 ilXCIIHOOD RO HOtNO m 55344 / SO 07-117-2S 44 OOU . 04091 KXCKHOOO RO W F t JOHNSON A 0 L FOSS FREOERIC JOHNSON 4091 lUCIIMOOO RO HOUNO HN 55344 SO 07-117-2S 44'OOU 04101 HXCHNOOO RO . E'.'A^IEOOALtf ■ CVAXIIEOOALO 4101 HXaO«od ROAD HOUO IM 55S44 SO 07-117-23 44 0031 04132 liXCIEHOOO RO SCOTT 0 A CATHERINE ANDERSON SCOTT C A CATHCR2NC ANDERSON 4132 1IZCHH00D ROAO HOUNO HN 55344 30 07-117-23 44 0012 04099 HXCHNOOO RO 0 L A R NELSON ALONZO 0 SERAN XIX 4099 IIICHNOOD RO HOUNO m 55344 ,A'-. SO 07-117-U 44 0014 ^ CKLEY *' i>r so 07-117-2S 44 OOSS 04100 lilCItHOOD RO JASON H THEXS JASON THCI3 4100 iixcHMOoo no HOUNO HN 55364 SO 07-XI7-2S 44 OOIS 04109 HXCKHOOO RO . GEORGE H APPLEDAUM , GEORGE APPLEOAUH 4109 HXCHNOOO RO MOUND HN 55364 30 07-117-23 44 0004 04125 IIIOIHOOO RO JOIM N A ROOERTA J IIENRICil JOICN H A KOOLKTA J lICNIIlCII ^ 4125 II1CIB«X)0 RO ORONO HN 55364 • ' 30 07-117-23 44 0006 PROP AOOR ‘ 04l04 HXCHNOOO RO OMNER NAME • CLEN A DEVERLY SAUER TAXPAYER CLEN A OEVERLV SAUER NAHE/AOOR .4104 HXCHNOOO RO ' HOUNO HN 55364 30 07-X17-25 44 0007 04116 HXOttEXX) RO . PHILLIP H OTTO (t/ PHILLIP OTTO 19QSftrSIRATF0R0-fKrt209 • MINNCTOMU-HN----5U4& ^ ^llLr hfirtyuirocl tiCiLiyJ. /TOTAL 507 00011 •• .*• • T** . X CERHFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFOtHATZON AS IT APPEARS THIS DATE ON TliE RECORDS OF THE HEIAIEPIN COUNTY DEPARTHENT Of PROPERTY TAXAHON, TO THE BEST OF HY KNOKLEDCE AND DEUEF. DATE OMJfrn. • 'Of--.. 3 TO:Chair Hawn and On>no Planning Commission Members Ron Moorsc, City Administrator FROM: DATE: SUBJECT: Paul Weinberger, Zoning Administratoi/Planner April 11,2001 liOI-2668 Manley Bros Construction 1973 i'agerness Point Road Conditional Lsc Permit and Variances Request for Acliou: Additional information has been requested for consideration of this application. Staff is requesting the Planning Commission table the application and continue the hearing to May 21,2001 . r TO: Chair liawn and Orono Planning Commission Members Ron Moorsc, Cit> Administrator FRUM: Wendy Hottenberg. Zoning Adminislrator/PImner DATE: April 10.2001 SUBJECT: «01 -2669 Richard J. Wen 1396 Baldur Park Road ATF Variance ~ Public Hearing Zoning Dhlricl: I.R-IC One Family Ijikeshorc Residential District (.5 acre) Lot Area: 13.670 s.f. (.31 acre) List ofFshibits A AiiaKsis H Application C Siirscy D Site Plan b Description of Request 1 lardsliip Letters F Hardcover Calculations G Photos of Propern II Location Map I Property Map J Permit Record K Pr»»pcn\ Owner’s List rerfinent Code Section: 1. Section 10.0.3. Subd 14 (C): Lot Cosemge: For all lots 0-1.99 acre in total area, the total combined footprint .;hall not exceed 15% ofthe lot area. To permit the lot coverage to be 1.996 s.f. (14.6"/b) where 1.892 -..f. (13.8%) exists and 2.050.5 s f. (15%) is allowed. 2. Section 10.22. Subd. 2 and Section 10.56. Subd. 16 (LK2): Hardcover in 75-250*: To allow 3.555.83 s.f. (36.3"o) of hardcover in the 75-250' lakeshore setback, where 3.555.83 s.f. (36.3%) exists, attd 2.452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be 3355.83 s.f. (36.3%). Application Summary: 1 he applicants have applied for an after the fact variance to permit a 4 foot overliang 'hat was added over an e.xisting sidewalk. Over tlic past w inter the applicants had some remodeling u le to .heir residence. At that time it became evident that the .siJew Jk leading to tlie front door of their residence was covered with snow, ice and was dangerous to walk on. The 4 foot overhang does not increase the amount of hardcover in the 75-250' setback /one The hardcover is currently 3.555.83 (36.3 “'o) where 2.452 s.f. (25®1>) is allowed. In 1991 a v.uiance was granted to allow the hardcover to be at 3.555.83 (36.3®/o). The overhang does increase the structural lot coverage. The e.xisting lot coverage is 1,892 s.f (13.85b) where 1.996 s.f (14.6®b) is proposed and 2.050.5 s.f (15®/«) is allowed. not -2669 Hu'hard »»Vi# im Baldur Park Road ATF Far lance 4JI(k200l Statement of Hard»ht n: The applicanis have provided their hardship statement in lixhibit D. IjisuM for Consideration ; 1. Would a gutter system work in this situation? Would the height of the gultcrs/roof make it difficult to keep the s) stem clean and working? 2. The amount of hardcover in the 75-25(y setback area is not increasing. 3. The structural coverage is increasing but still below the allowed 15%. 4. The lot docs not meet lot area and lot width requirements. It is undersized for a lot in the LR- IC /oning district. 5. Would applicants ’ acceptance of a condition that “ihc roofed area can never be enclosed with walls ” be a factor in gaining an approval recommcni*ation? 6. Other issues raised b> the Planning Commission. Muff Rt€<UBiMa«laiifliii Sufi* recommends approval of the variance. H0I-266V Richard W<it IS96 BatJur Park Road Variance 4/ia'200l Page 2 A ANALYSIS iJtLAtCi: LR-IC Lot Area Required 21,780 s.f. (.5 acre) Actual 13.670 s.f. (.31 acre) Hardcover Calculations; Siruf lural Coveni«: Distance from shoreline 'rolal area in setback Allowed hardcover Hxisting hardcover Proposed hardcover 0-75*3.863 s.f.0 s.f. (0*/o) 0 s.f. (0.11%) 0 s.f (0%) 75-250'9.807.5 s.f 2.452 s.f. (25%) 3,555.83 5 f. (36.3%) 3.555.83 s.f (36.3%) No Change Total Lot Size Total Structural Coverage 13.670 s.f (31 acres)Allowed: 2.050.5 s.f (15%) Existing: 1,892.0 s.f (13.8%) Proposed: 1,996.0 s f (14.6%) rtiyaiJiT -IMI 'b CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original applicaUon) Variance for non-confomilng structures $250.00 Afrcr-!hc-Fact Fees (Double application fee) Application tt ~ Date Received 3 .30- Amount Paid lOPERTY INFORMATION Site Address y ppQlOD Property Identification Number ff.l.IM 09' I ly - 31 r^csn'l^ Attach legal description to application if not included on required survey. Date Property Acquire d I (do) (do not) also own the adjacent parcels of land. Present use of property: JC residential ___^other (specify). 2U)ning District:______________________________________ _(roonth/year) APPLICANT Name \rJkk) Address: Phone (home) _____ Phone (woik)/^^^----- ^ OWNER (if difTwnl t^ apolicant) Phone (home ) ^tr7.Mll.o'7 7 y Name______I’NlckgLV^ tj » \aJC*1 7~______ Phone (work)__________________ City: ______Zip:_Sj^3^ IAddress; DESCRIPTION OF REQUEST Estynateil ConstiucUon Cost ^^^00 ® Describe fequ^ in detail: V' t* Estimatra Construction X- (attach additional sheets if necessary) VARIANCES REQUIRED ___I ot Area Setback: ___Lot Width Front Side X Hardcover Rear _Lot Coverage ___ Average Lakesbore Other (specify) llARDSIUr/DESCRlPTlON OF UNUSUAL PROPERTY' CONDITIONS Describe undue hardsliip or practical difficulty or unu^I Rfopertv conditions preventing compliance with Zoning Code requirements: /fTTTfelfep__________ (attach additional sheets if necessary) <.ri 111 •• 4'•• Ml !••• f|. •It Itll . li ll.hM 1-4, k I..N.1I,. |1|HMeVNl4 15% 64Mi>^fy.f!\x.ua 1 NLW SHED ROOF COVERING EXiSTttwG SIDEWALK Plans tor Mr A Mfs Rcftard Watt. l3Q6batourPfthRd. Orono ■ ua M»OMM I IM «»« tMtOb LV WALDENWOOD VARIANCE APPLICATlONi 1396 BALDUR PARK ROAD DESCRIPTION OF REQUESTt jiinc th became very evident there was a safety problem for the Wetts. The sidewalk to their front door was continuously being covered with snow and ice. Not only were the Welts concerned about this danger, but the carpenters on site also struggled with this concern as they too came and went from the preiniscs. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS It was agreed by the Wetts (who are retired) and Waldenwood. that the best solution to the dangerous situation would be to install a shed roof over the sidewalk, preventing the dripping from the 2 story eaves on to the sidewalk as well as the direct snow, sleet, and rain upon the wsilkway. Due to the massive ice problems of these past months Waldenwood built the roof as ouickly as possible in an effort to stem the pouiblility of a ground hardcover. on to the bushes and lawn. As the contractor, we recognize that we sue amiss in following the proper procedures for adding such a roof. Please note that we were not trying to *^t by” with something, (since we did request iiupections on the framing of this roof), but instep were tryin your understanding as well as the granting of the variance. rdisdly, i ohn M. M President Design* Remodel • Build 24925 GUn Road, Shorc«ood.MN 553)1 Phone 952^74^165 Fu 952^744206 Emad Wcfaalte wwy.oaldMwwod com Cenified lUmodelen JoIm MSkt «t WmddI AadcoM I Maxell 9,2001 #^669 Orono City Council Dear Members: We arc eequestiog an after>lhe-fiu;t variaooe on the oveiliaiig on a portico that was just a^ed to our house. We uoderstaod the overhartg is considered hardcover thereby requiring a variance. clean and keep the area from becoming hazardous again. A charige would not only be costly for us but also not completely solve the problem of the drainage being away from the wa^ We appceciate your graoAii^ this variance to it nuqr remain as needed. Sinceiely, Richard & Marge Wett 1396 Baldur Park Rd. Orono, MN SS391 s:. A new addition over our garage created a hazardous condition with run off freezing on our front cntranoewalk. Another solution would have been to add a gutter in this am but the builder did id h of our advanced age and the fret it would be quite high m order to •••hardcover CALCULATI02QVORKSHEET SETBACK ZO>TE: (CIRCLE aVE) 0-75 ’ 250-500 ’ yiXISTlNC HARDCOVF31 IN ZOiVE A. HottU UagA WUih B. Omje C. Driveway /» -v< D. Sidewalk E. ^o/Deck W»CJh ■ V/ .-r> /7. 5 F. Landscape . Undcrltla By Plastic ^ Or Fabric 1414 A • 4a O. Other A|LO^TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B .xlOO .« y>RQPOSED HARDCOVER IN ZONE A. House LcasW B. Gantt« C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic O. ’’abric O. Other L TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______________ + B.xlOO - 500.1000* I5.h^i S.F. S.F. S.F. ins 'jir2. ^ S.F. S.F. S.F. S.F. .21^0 S.F. S.F. S.F. S.F. S.F. S.F. A 9&3lS_S.F. B S S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ■ % G' \ fk I# ! :f Sim ---- ^ /uaci- t ^F>' N • ' ^\ \ •/' ‘ w ___” X V^V ’ • V i ’ > ;^^N«Y*nKt', \ Ci ; 1 Maxwell •; •• 4.-AW vV;;:V.-^—gay )v .•• •■ ^ 4/ \\V^i:v:i^_.i-j:_____ A"- AAA^-AA-Xr:'V <A>V A'/’• ■!; j • >*^ '•'^v^ ... r, U2T-n7-c^3 Permit Wo, 2^^ enB 730*7 _73 c^- 73/V 7<?/ 6 iiU3- S73\ ^A5"7 ^/5/ A7 35/? JhjM.ros^i PERHIT RECORD Pat* 9-7^ t-M-M y-PS-S’f/- g.r.5rj?.V. e-idSti- 6-P<7 ^ ■8'23 -as // - j^'9/ |:2Rb Cd J J ' Type of Permit nijuJ -AAD • //'r?C Of 7-^; -^G c‘<? /- 6Joci kAU. jQ^^6AoiU£AjL cJJb. Ilk i/Li^ /'J. ^ ~Co>~ r,vrj,fS - % RUN DAT! CVIA/Ol RATCH 5A2 KCNNCrXN COUNTY fROrCRTV INTOimATlON SYSTCN rtOPCRTV OWNERS LIST REPORT NO. PXA35<k01 PACE A PROP AOOR OWNER NAME TAXPAYER NANE/AOOR S8 t8-XI7-25 31 0001 OlAOO BAIOUR PARK RO CHARLES • RETO CHARLES 0 REIO XAOO BALDUR PARK RO MAYZATA IM SS3AX 30 0B-XX7-23 31 0002 0X30A BALDUR PARK RO R J 0 N A WETT TRLSTEES RXCHARO I HARCE WETT 13Yfc BALDUR PARK RO MAYZATA m 5S301 3B 0B*XX7'23 3X 0003 01302 BALDUR PARK RO GILBERT N B ROXANE T CEHLE GILBERT H B ROXANE T CEHLE 1302 BALDUR PARK RO MAYZATA m SS30X PROP AOOR OWNER NAME TAXPAYER NANE/AOOR 58 B8-X17*23 3X BOBO 013BO BALDUR PARK RO H 0 8 J A VERSTEEC NARK 0 VERSTEEC ISBO BALDUR PARK RO MAYZATA NN S530X 5P 0S-XX7-2S 31 BOOS 0137A BALDUR PARK RO J MANC A 0 L BOTIWELL-MANG J WANG B 0 L BOTNWCLL-WANC 137A BALDUR PARK RD MAYZATA NN 5S301 38 BB-XX7-23 30 OBIA OXOlZ BALDUR PARK RO C C HACPORS IKE HACTORS CURTXS C HACFORS 1012 BALDUR PARK RO MAYZATA NN 5S301 PROP AOOR OWNER NANE TAXPAYER NANE/AOOR 38 08-117-23 30 00X7 OlOOB BALDUR PARK RO WILLIAN L/KRISTX B ANDERSON MXLLIAN L/KRIS1I B ANDERSON 1008 BALDUR PARK RD MAYZATA NN SSSOl SB OB-117-23 SO 0018 BIOOO BALDUR PARK RO CHARLES AFFXAS CHARLES AFFXAS 2030 JERSEY AVE S ST LOUIS PARK NN 53o20 SB 08-X17-23 SO 0030 0003B ADDRESS UNASSICNEO RECXNALD A SPXNOLER R A SPXNOLER SPRING FARN 8002 BURROUGHS RO W DEER PARK MA OOBOO PROP AOOR OWNER NANE TAXPAYER NANE/AOOR SB 0B-117-2S 30 0031 0003B ADDRESS UNASSICNEO RECXNALD A SPXNOLER R A SPXNOLER SPRING FARN BO02 BURROUGHS RO M DEER PARK MA 00000 58 08-117-23 30 0032 00038 ADDRESS UNASSICNEO RECXNALD A SPXNOLER R A SPXNOLER SPRING FARN W8O02 BURROUGHS RO OEER PARK MA OOOOO SB 08-117-23 30 0033 0003B ADDRESS UNASSICNEO lUROLO R KITCHEN HAROLD KITCHEN BOX 018 NISSMA NN 50008 PROP AOOR OWNER NANE TAXPAYER NANXyAOOR 38 08-X17-23 SO 0030 ‘ OBOSB ADDRESS UNASSICNEO NENNEPXN FORFEITED LAND CITY OF ORONO P 0 BOX 00 CRYSTAt BAY NN 5S32S TOTAL BATCH 582 00013 Appikatloii Date: 3/21/Ot 60 Day Deadline: 5/20/01 'f Oj Chair I lawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Adminislraior/Planncr DATE: April 9, 2001 SUBJECT: «01 -2670 Chery I and Peter Kramer 2140 North Shore Drive Variance Zoning District: l^t Area: Lbt of Exhibits: RR-IB One Family Rural Residential District (2 acre) A Application U Flat Map C Site Plans D ApplicaiU ’s I lardsliip Statements E Site Photo F Fence Regulations G Fence Photo II Property Owners Notification List Applicaliun Summary : The applicants have requested a variance to permit a 6’ fence along the south property line (North Shore Drive/County Road 51) where fences are only pcniiillcd to be 3 '/j* feel in height within a required street yard setback. ’Hie Orono zoning ordinance does not allow a fence greater than 3 '/Z in height within a required setback to a property line adjacent to a sirecL 'fhe RR-IB zoning district has a required 50' setback to the south property line. The zoning ordinance does permit fences 6’ in height along Uie sueet lot line of laKg ftvn!>«B<r* which front on a major thoroughfare, as North Shore Drive is designated, The reason the higher fence is permitted along the street on lake frontage lots is the rear of the house is usually where outside storage is located and that portion of the property generally functions as a rear yard. FertiocDt Code Section: 1. Section 10.28 - Setback Standards for the RR-1B Zoning District 2. Section 1 C.03, Subdivision 15 - Non-encroachments (Fence Regulations) •01-2670 *^*t»*t 2l40NtfnhShMC Dn»( Vmance rigti Surrounding Properties: The property is located in the Cry stal Day neighKuliood. Streets border the property’ on three sides. Historically. the house had faced towards North Shore Drive, however the access to the property had been relocated to Arbor Street (east side of the property) many years ago when the garage was built. Odier residential projKrties in the Cry stal Bay neighborltood typically have access to the residential slrceb rather than directly to North Shore Drive. Discussion: Fences are pemiitted '/j* in height along all property lines. c.xccpt a 6* fence is allowed along the north property line outside of the 50’ setback from both streets. The property owirer has stated in his hardship statement the rea.son for the fence is bast'd on the lots proximity to the road, the direction the house faces, and the ha/iirds of the road as they relate to tralllc. noise, and safety. 1 he applicant has also stated the way the property has functioned has chaiigcd since the house was originally built. I he front of the house faced North Shore Drive, however the main entrance to the home has changed to face Arbor Street and the garage was coiLstructed to use Arbor Street for access. Additional concerns about noise and safety have been identified as a need for a fence. A row of shrubs is located on the property tliat arc between 4 - 6 feet in height. The fence would be located between the shrubs and the hou.se to minimi/e the \ isual impact of the fence from the road, f ences along the road can create a “tunneF’ appearance if many properties were to construct fences higher than what are permitted by the zoning ordirumce. The lot line along North Shore Drive is defined as the a “side lot line adjacent to the street". The property lines along Arbor Street and Briar Street arc both considered front lot lines due to the fact they both equally front on roads and are narrower in width than the frontage along North Shore Drive. To protect sight lines at each intersection, a .^0’ "sight triangle" is required. 1 he sight triangle is measured as a 30' setback fn>m the property comer adjacent to an intersection that is to be protected from any structures and'or fences from heights to e.xcceding 3'. No part of the land area within the entire sight triangle shall have fences that exceed the 3 ’ height. Please reler to the attached site plan. The plan before the Planning Commission docs not request a height over 3* in the site triangle portions of the property. fhere arc a number of properties in the City that do have fences greater than a 3 Vi height along major thoroughfares. It is difficult to determine when any of the fences would ha\e been constructed. Some may have been in place since sometime prior to the adoption of the requirement.s on fence height, and it is highly likely some have been constructed after the requirements were adopted w ithout a variance. Fences do noj require a building pemiil so it is difficult to determine when a fence would have been con.stnicted. F.nforcement action would be initiated when the City would become aware of a recently constructed fence that is not in compliance with the standards. •01-2670 Cher> t anJ Prict Kr<ffltr 2140 Ntirth Shufc On\c Variance Pa«e2 .1 Optical for PUaniay CoomiiMioB Action ; 1.Recommend approval of variance allowing the fence to be 6' in height. A variance has the potential to be precedent setting for other non-lakeshore properties. If the Planning Commission should recommend approval the following requirements/findings should be considered. The fence is in a side yard adjacent to a street and is not the primary entrance to the property. Hstablished vegetation is located on the property that would form a natural screen outside the fence. The vegetation should be required to remain in place and maintain u minimum height of 6 ’ to screen the fence. 'Ilic property fronts on three streets, which is highly unusual, eliminating the property owners from constructing a fence greater than 3 '/»' along virtually th« entire perimeter of the property. Nearly every other property that fronts on a major thoroughfare would have other portions of the property w here a privacy fence could be constructed. The subject property is one of the most southern lots in the Cr>stal Day neighborhood. A visual impact would be apparent if a fence greater than 3 Vi would be constructed on the two side streets because the streets have seen a developnicnl pattern that has nut included fences in the front yards. 2. 3. Recommend denial, slating reasons. Table. Other action. •01-2670 Ch(r> I ipJ Pctcf Krwm 2140 Ntiflh ShoK Dii»c Vwiance PlflCl // ltir-IS-2Q9i ll:ll«a Fro*<ITr «I!224I4(II M2I POOMir Mil CITY OF ORONO - VARIANCE APFUCATION Initial AppHeadoD Fee S250.00 (SS0.00 per each additional variance) Renewal Variance Fee SISO.OO (no ebangt from odglaal appUeadoo) Viritnce for Mn-oonfrnning atnietinas $250.0] Afie^the-Fact Fees (Double application f^) AppIkatloQ# OlyZJpTO Dali Recehed^EiEiZZAmomdFhld fl^O #2670 PROPERTY INFORMATION Site AddftM ^ •__________________________o^o^y) KVi(vi SSSFyl Property Idendflortoo Kuaiber fl*J J).l ‘ Attach local description to apjdication if not included on required aisvey. te PropfldK^AMuiicd. ia(![^5o n^^^dlso 0W1 rTuKt. /*>6 . _ own the adjacent pncels of land. present use of property: ^ reiidgatial other (spediy). Zoning District:. _(moolh/yeer) APPLICANT ) Name P^rSiO.tJiAf^e/L Address: AJo£:rH Citv: Phone (hornri Phone (wtaia ___Zip: ££3Pi / OWNER (if difEutnt than applicant) Name___________________ Address:City:. Phone (home). Phone (wotk)_ DESCRIPTION OF REQUEST Estimamd Conitxtrtion Cost ^5^ Describe itquest b detail: (attach addiuonal abeets if necessary) VARIANCES REQUIRED ___Lot Area Setboek: ___Lot Width ^ Front Side .LotCovaageHardcovtr Rear __ Average Lakeihore Other (ipecify) /l^Lfr ^<^CL “Zan^ HARDSBlP/DESCRlPnON OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or urmsual property oondirioos peevenring oomplianoe with Zoning Code requirements:_________. ^ /______________ ________________________ St2e^ ^fkckfcf. (attach additional sheets if necestaiy) «... . ' ADDRESS:mePeter C. Kraner VO 1 Cl 2140 North Shore Drive OronOf MN. 175* LOT WJDTH SJOCWALK V»-2 tl O tC B. i - r KU f < a UU) OC ✓ % J.HOUSE 5 .so. T>T. X / 1 ^lOC YARD SETOACA 5-------------------------------------------5 f ? t Sloe YARD SCT5ACIC 4 Vii . * y -y li =777^ -r ^ N->k SAiva asous luaoN td O 90 o«o CAH»M3 II- CL Uo Si’le CZ /75* Line. #2370 Ifardship/Pcscription of unuaual property conditions Ovenriew of Project: Building a privacy fence along County Rd 51. Reason for Variance Request: According to the city zoning code. The highest you can build a fence in your front yard is 3 feet tall. We believe that wc do have unusual conditions and can prove hardship based on the properties proximity to the road, the direction the house faces, and the hazards of the road (as it relates to traflic, noise, and safety). Eiplanation of Hardship: nirretion of House. Vslien the house was originally built between 1949-1950, the fiont entrance to the home was facing County Rd 51 (south). However, since that time, the entrance to the home is actually along Arbor Street (which is our cross street and makes the front of our home facing east). Our detached garage and our sidewalk enter from Arbor Street Itisnotevenpossibletoenterthepropeity from County Rd. 51. (See photos). Hazards . County Rd. 51 is a particularly busy road. It is a main thoroughfare that is becoming extremely busy and noisy, especially during the summer. It is a main artery towards Lord Fletcher’s, several marina's, and boat landings. Traffic noise is constant, loud, and often times well into the middle of the night And with small children, this adds tremendously to my concern for safety. Other. A row of shrubs does exist along the road, approximately 4-6 feet high. (See photos). However, it does not solve our noise, safety, or priwicy concerns. We are, however, proposing to build the fence on our side of the shrubs - leaving a more ludural barrier along the street side. Summary: f f«• * ir 2670 In summaiy, wc understand the need for zoning provisions. However, we are particularly concerned with the lack of privacy and danger the road represents as it pertains to our property. My wife and I love the Orono area and actually passed up semal lucrative opportunities to sell our house and move. But we resist out of our fondness of the area. But with small children, who continually become more advenhirous - the road does present a danger. If you add in the noise and lack of privacy, it does make for a unique situation. This is why wc are requesting the variance. I have enclosed several other examples of 6-foot high fences along County Rd. S1. As well as pictures depicting the layout of our property (both on County Rd. 51 and Arbor Street). (See photos). Wc have also included in the application a sketch of the proposed fence and a pteto of the style of fence wc are hoping to install. •. ip- ^ ,, r*’ r* r V r 7lu k #?6^ ' / Uti<1 '"I (hk (f / ■ V~'y .\i f'kvlA MLM I-/W. •'.' - Ik^v' ^ „ -r^~-o-. i'^-H mi t.^lii; t> ■ < 1Pi; -^V-'/g \ CITY OF ORONO fynrp RgyulatloilS OsosnL 1. 2. 3. Fences meeting height and location regulations do not require a permit. Fences must be within property boundaries, but no setback is required. The City of Orono does not require fences around swimming pools; however, property owners are advised to check with their insurance company. The City of Orono docs not regulate fcnc’mg materials or visual appearance of fences. Fcn'i? H****g*^*^^ff**"" Standards Maximum Fence HeightIjQcation Standard: Front Yard 3 Vi'Note: Front yard includes side property line to the required building setback Side Yard Rear Yard 6’ 6* Lakeshore Lot: Lake Yard 3 Ahead of "average lakeshore setback line", except d2 fence is allowed within 75’ of the shoreline Side Yard Behind "average lakr.horc setback line" Street Yard Corner* Lat Sf Sight Triangle (6’ along County & MSA Funded Roads)Goi!ner Lott- Front Yard Side Street Yard Side Yard Rear Yard 3’ 3 3 V^’ 6* 6* If you have further questions regard'mg fences, please contact the Building and Zoning Department at 249-4600. X aapps \wj»win «ovw ?docs\for.ms\fence 2 .»• G ^ r. -»• v» Ol-^eo^ |>,rp<rci>^ #5^T0 k'' f' RUN DATE 0V21/R1 ■ATCH ilC MCNNEPIN COUNTY PROfCRTY INTORNATJON SYSTEM PROPERTY OMNERS LIST REPORT NO. PXASSAtl PACE AS PROP AODR OWNER NAME TAXPA>CR NAHE/AOOR SO lR-nr-23 51 RMS •157S BROWN RO S JOSEPH POROC EROER JOSEPH F ERCCR 137S RROWN RO S WAYZATA MN S55T1 58 10-117-75 51 OOAO 01580 ARBOR ST T W I R S SMITH TOOO H 0 KRISTEN S SMITH 1580 AflSOR ST WAYZATA tRI 55501 58 10-117-25 51 0050 01505 RROWN RO S P F 0 L RALEY PHILIP RALEY 1505 8R0HN RO S WAYZATA NN 55501 PROP AODR OWNER NAME TAXPAYER NAHE/AOOR 58 10-117-25 51 0055 01580 8RIAR ST MARK V AM8ERO MARX V AM8ER0 1580 8RIAR ST WAYZATA HN 55501 58 10-117-25 51 0054 01505 AR80R ST OAVXD ALAN SUTHERLANO OAVIO ALAN SUTHERLANO 1505 ARROR ST PO BOX 101 CRYSTAL BAY HN 55325 005558 10-117-25 31 51585 ARBOR ST E A LI8AT1QUC ET Al W/L EST ENRIQUE LXBATiqUE 1385 ARBOR ST PO BOX ISO CRYSTAL BAY HN 55325 PROP AOOR OWNER NAME TAXPAYER NAHE/AOOR SB 10-117-25 51 0050 02140 NORTH SHORE OR P C t C 0 KRAMER PETER C 0 CHERXE 0 KRAMER 2140 NORTH SHORE OR WAYZATA r04 55501 58 10-117-25 31 0008 02180 NORTH SNORE OR MARTIN 0 ANDREA SCHNEXOER LAKE MTKA ENVXROMENTAL SCHL 2100 NORTH SHORE OR WAYZATA HN 55501 58 10-117-25 51 0101 01555 BROWN RO S cm OF ORONO CXTY OF ORONO BOX 44 CRYSTAL BAY NN 55525 PROP AODR OWNER NAME TAXPAYER NAHE/AOOR 58 10-117-25 52 OOlO 02240 NORTH SHORE OR ART CENTER OF MINNESOTA MINNETONKA CTR FOR THE ARTS 2240 NORTH SHORE DRIVE WAYZATA HN 55591 58 10-117-25 35 0002 02245 NORTH SHORE DR KINGSLEY H MURPHY JR KINGSLEY H MURPHY JR 22aS NORTH SHORE OR WAYZATA HN 55591 TOTAL BATCH 510 00011 X CERnrV THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECOROS OF THE HENNEPIN COUNTY OErARTHENT OF PROPERTY TAXATION. TO TIC BUT OF HY KNOWLEDGE AMO BELIEF. / -**■—' ^ c TO; Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: Wendy Dottenberg. Zoning Administrator/PIanner DATE: April 10.2001 SL<IUECT: #01*2671 Alistair and Kristin Jacques 645 Old l.ong Lake Road Varianccs-Public Hearing Application #01-2671 is incomplete. The applicants need to submit septic testing and design work to complete the application. ITtey wish to have their application tabled and be on the May 21, 2001 agenda. Staff Reconmcndalion Motion to table application 01*2671 and continue to the next available meeting. 7 Application Dale: 3/2H/01 60 Day Deadline: 5/27/\<l TO: Chair Hawn and Orono Planning Commission Members Kon Moorse. City Administrator FROM: Paul WcinlKTgcr, Zoning AdminiNlrator/Planncr DATE: April 12. 2001 StlUECT: WOI-2672 Jim ami Sharon Walker 2685 North Shore Dri\e V'ariaiiccs and Conditional Use Permit Zoning District: l.R-1A One Family Rural Residential District (2 acre) Required Area = 2 acres Actual Area =• 2.3 acres or 99,108 s.f. List of F^shibits: A Appliculioii B Plat Map C Site Plaii'Surxey D Main House Floor Plans I- Guest Apartmenl'Garage Floor Plans F Flevation Views G Tower Photo H Screen 1 louse Photo 1 Hardcover Calculation Worksheet J Property Owners Notification List Pertinent Code Sections: 1, Section 10.22, Subdivision 2 and Section 10 56. Subdivision 16 (L). Hardcover Review 0-75' setback area 876 s.f. (4.7^o) Screen house and stone walkway to lake 75*250' setback area “10.124 s.f. (23'?'o) 250-500 ’ setback area = 8,646 s.f. (23.8%) * Hardcover calculation worksheets have been attached 2. Section 10.03. Subdivision 9 Accessory Structures Two accessory buildings would remain on the property follow ing removal of the existing residence. The City requires no accessory buildings .shall remain on a properly following removal of a principal building. 1) Screen house at the lakeshore 2) Tower ■01-267^ Jim ana Sharon aiict 26S5 North Shore Omc Vaitancct anJ Coctiitional Uk Pennil Facet 3. Section 10.20. Non-rental Guest Apartments. Arc pennitted by review the Planning Commission and Council as a conditional use permit in "R" residential districts. The zoning ordinance defines a non-rental guest apartment as, "An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. TlKrv shalLhg at least one asass door to the apartment from within the principal structure, and such door shall be the printffrY nreess to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address." Technically a variance is required from because a door that would function as the primary' etitrance to the guest apartment is located on the e.xterior of the structure. There will be access from within the primary part of the residence, however the access is via a corridor between the two residential portions of the hou.se. It can be argued the guest apartment area does function as part of the main house because the garage is located in the same part of the house as the guest apartment. All parts of tlic tw o dwelling areas do function together. Background: fhe e.xisting house was originally constructed in about 1903. Tlie house is scheduled to be removed and a new house constructed. On the property arc two unique acceNsory buildings that would only remain without a principal building for the |>erit>d of time the reconstruction requires. One building is a screen house located near the lakcshore within the 0-75' setback and the second is a tower that has been on the property for many years. The property and accessory buildings are adjacent to the Noerenberg Park. Two access points are on the property to North Shore Drive. Both are proposed to remain as showm on the site plan attached. Options for Planning Commission Action: I. Recommend approval of variances and conditional use permit a) Accessory’ Buildings b) Non-Rental Guest Apartment A recommendation of approval shall include consideration of the follow ing; a) The apartment w ithin the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. •010672 Jim anJ Slufua Walkcf 2615 Sofih Shofc Ome \ ami ComJ4ioti*l l>»e Pcnnil Pa|t2 llierc shall be al least one access door to the apartment from within the principal structure, and findings : hall be made to permit the access to the guest apartment from the exterior of the stru.turc. More titan one exit should be available to occupants of the guest apartment area for fire safety purposes, especially since the apartment area is located next to and over the garage. Utilities shall be metered separately from the principal residence utilities and shall not have a separate street address. 2. Recommend denial, stating reasons. 3. Table. 4. Otlier action. •01-2672 Jun atMl Slum Walkcf 26S5 Noith Shore Dnv« VreiMccs Md Condiuoail Uic Pmnil Pi«e3 n Application if Pate Received 5 -ay-Oi CPcr Amount Paid^ Afl5*«oo CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed Property Identification Number (P.I.D.) applicant Address Ar» TLICANT y Fhonc Chomej./*^ Name UI ♦ fzggW/££iTAS Phonc (work):2i^ AHdmss U City ----------2 Phone fliome l t^2jr^S*3^ Z‘PJCS20. OWNER (if different than applicant) Ntunc Address ^<i»^ DfU Phone fliome ) 95^~ ______ Phone (work)__________________ City ________Zip S'S^ / Date Property Acquired I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - ______$ 75.00 For each variance request with CUP application^ ______$175.00 Residential Accessory Use ______$250.00 Institutional (church, school, etc.) X $225.00 Guest House/Guest Apartments ______$200.00 Duplex Crcdit/Bldg ______$325.00 Commercial/Industrial Use r ______$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - SOI cu. yd, or more Grading, seawall, retaining avails within 75' of lakesho ro ^ CjroLJityA.t, PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) Aflcr-lhe-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$275.00 Commercial Site Plan Re\icw (+ consultant fees) ______$300.00 Vacation ______$200.00 Easement Vacation ______ $100.00 Easement Vacation With Subdivision ______ $350.00 Rezoning (PUD - refer to fee schedule) ______$375.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule iiik,.rnmiati Hennepin County Taxpayer Seivices ltepai^e^^^^--■r^:y-'^'i' HENNEPIN REGIONAL P KRK DISTRICT /J Noi4or A A'W; / ■<3V r^el Information ^ ^ ^ Parcel ID M11723420004 . A* v ’ <^s House Number 2tes Street Heme NORTH SNORI DR W v* Condemlnlum .r v. V ^ : - Thto Is n(X s ligsiy isoordM/nuL A rspWMnfs a corrydMim orMbmutfori... and Ma horn aiy.Counfy. and State nirnituOiOfma and o»maoun»^ V •V • W X, %LAN L •t t I L Gu£S.+ -/^bve 3 C<xirg<xra^^ V •i. ' =. '• '. ;>»i ' . ; V ■- Goesi /^P<xv4n«uv.-V - Opp«.r Floor- P. ■ BWTviH ■■niiairrrBinBii iiiii ■nwiBni ■iiiniii iii-niiiiniJHaa ■■riiniBBiBB ■lann — ■■nil aMa aiBaBacBaHi^Hasvraa ■■iria ramnnamaaBiBi[?>«■■ aa ■iniiiaaraiiKraaMB^BHH av. i I B BiBiiiiiaiiaiiaaaBa^HMaHaa /V\c\iv\ V)oo5-e r' Kite #9.rx, s^vj =K fllllllBMI.l VlMBflflMl ■ I ■ <—— —■miiimn^M fit Milan —■IIMItllllllllf 1^ —■ ■ ■iniii ■■iiiiBia Mrianiaai mi •■ ma ai jWi iiiifiBiBiiiaa II iia niiiiiiiiiBBiBiiiniiiir^ *****------"^TTTIf ir^ m Billil ■ I iiiii^H Bi niiiiiifi^H iiinMiMii^l iiMiiniiii^ iiiiiii/iriiii^ IIIIIIIIIIIIIlL te TN Uftr »iai ♦ . I \ *n N ■na ■nil ir^nri ■■ilia ■■■! ■iiiVii ■ fii.a Ilia ail iibi iiai ■>>'>)i>iiitMraiM3 lal■l■llB^nalaalHlln^^|^^^^^^^ it ii Ililjll!llillilliiiiiii .fi'TS' lllllllllll iiiiiiiiiiiiiiiiiiiTiiiiiHi sow* o •Tr \f* U^4lK(l UAIU)C0VEU CALCULATION WORKSUELI’ SETUACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House B Ctra^e C Driveway D Sidewalk E Pailo/Deck F. LandKape Underlsin By Plastic Or Fabric G Other ■ IS & Un|Ui 75-25«r 250-500* TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ ♦ B PROPOSED HARDCOVER IN ZONE A House _____________ X s 100 L(n|ih WiCiii B Garage C Dnveway D Sidevvalk E Faiio/Deck F Lar.iscipe Underlain By Plastic Or Fabric G Other 05* i TOTAL HARDCOVER IN ZONE 1 OTAL PROPERTY AREA IN ZONE A _____________ - B i'-Z *o/ AT THOfit. ^ ?______S F 'at Kf SOO-IOOO* 24/____SF 2.97 076 ♦ SF SF. SF SF SF.-C0ne. 9TFPJ ■ s F. -ST/NVi* SF !sf SF.-Ar jttfW t>Mt SF. 9PO 1 SF SF. % SF. SF SF SF SF SF SF \,v\ m SF SF SF SF SF H SETBACK ZOriE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House_____________ CusiuriA. UARDCOVEU CALCULA rniiOVOlUCSIJEEr ______ i«A <nn* J-2-0/ 0-75'(Tsitsij) 250-500*SOO-1000' Len|th WiAli Sit.-Towfg SF B Garage C. Dm eway .SF SF SF. SF. D Sidewilk E Paiio/Dcck SF. SF. SF. SF. F. Landscape Underlain By Plastic Or Fabric SF. SF. SF. O Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_____________* B .slOO ____________^SF. A 4^ 0^0~' S F B y. PROPOSED HARDCOVER IN ZONK A House /wa/. UittACr 4 C400/4Cf NtUill. Unrh 46^7 1 gio*. ycHi£- SF S.F. SF B Garage C Dnveway not SF SF D Sidewalk E Patio/Deck SF SF ! ^ . fl46SWC riH/ 4 9CO t S F F Landscape Underlain By Plastic Or Fabnc SF SF SF G Other TOTAL HARDCO VER IN .-^.ONE ^SSijSSiiO * TOTAL PROPERTY AREA N ZONE A ________ - B __________ '100 - IC 124 t SF A ''Ai oeot SF B 22 UMLKd UA1U)C0VEU CALCULA TlOiN N' ()UKSU£ET 3-Z ‘Oi SETDACKZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A Home _____________ 0-75' Un|«h B CL'jge C Driveway D Sidewalk E Patio/Deck F LandKape Underlain By Plattic Or Fabric G OUier TOTAL HARDCO\'ER IN ZONE total property area in ZONE ^ D PROPOSED HARDCOVEIl IN ZONE A HcLse ____________ Lrnaih a Garage C Dnveway D Sidewalk E Ha-io-Deck F. Landscape Underlain Bv Plaviic Or Fabnc G Other 1OT HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ - B 75-250* QSOSO^ 500-IO(H»* Wi<di 3 €.349 »*J0 1141 \v>aih 722M 1301 e€i€*- !'.0 3JLJ4&. 23.79 t SF SF SF SF SF SF SF SF SF SF SF SF SF SF B'd’arCiwa/w Q>.A4. A A*/ SF SF SF SF SF \ SF SF SF SF SF SF \S^t_ _SF SF A SF. B % tUN DATE M/M/tl BATCH 511 pirof Anon CMNCR NAMC TAKPAYCR NAHE/AODR PROP AMR OMNCR NAME TAXPAYER NAHC/AMR SR eY-117-25 13 OOOY •2MB NORTH SHORE DR S • OLSON I K J OLSON KERRY OLSON I SCOTT OLSON 2MB NORTH SHORE DR MAYZATA HN SS3B1 IS BB-117-2S A2 BBB2 B2AB5 NORTH SHORE DR J D JEROHE ASK JEROHE JOHN 0 A SANDRA R JEROME 2BB5 NORTH SHORE DR MAYZATA HN 55391 NEMNEPtN COUNTY PROPERTY INPORNATION SYSTEM PROPERTY OUNERS LIST 3S B9-117-23 2A BBBl 02BBS NORTH SHORE OR HEMN CO PARK RESERVE OIST SUBURBAN KENN REO PK DIST 12B15 CTY RO 9 PLYMOUTH HN 55M1 3S B9-117-23 92 BBB9 B2M5 NORTH SNORE DR J A MAUER ASS MAUER JAMES A A SHARON S HALKER 2485 NORTH SHORE DR MAYZATA HN 55391 REPORT NO. PX9SS9B1 PACE 99 38 B9-117-2S 92 BBBl B2455 NORTH SNORE OR C A LINKLL A J J LXNOCLL CRAIO A A JENNIFER J LINKLL 2455 NORTH SNORE DR MAYZATA HN 55391 38 B9>117-2S 92 BBB5 B2483 NORTH SHORE DR E P MILSON AKA MILSON E P MILSON AKA MILSON 2483 NORTH SNOM DR MAYZATA m ' S5S91 From: Dale: Sabjcct: Cliair I lawn and IManning Commission Members Ron Moorse. City Administrator Mike GafTmii. Planning Director April 13.2001 IV2667 North Shore Marina. 3222 North Shore Drive • CUP • Public Hearing Zoning DialricI: Lot Size: B-2 Lokcshorc Business District 3 acres (3 total lax parcels) Lbl of Exhibits A > Application B • Plat Map C - Properly Owners List D • Survey (1984) E - Parking/Storogc/Landscape Plans F - Landscaping requirements Section 10.41 Subd. 10 G - Letter and Attachments of 5-23-95; includes post site plans H - Airpbotos a) 2000 site; b) 2000 marinas area; c) 1994 site; d) 1955 site I»"The Dry Slack Agreement” 7-29-77 J - Originxd dry-stack construction plans K - LMCD license documentation (Example is 1996 License) L - Ixlter from Neighboring Property Owner SvniBiary of Rcqncat: Applicant requests formal approval for the use of 72 existing dry-stack boat storage spaces for On-Demand Public Boat Launching (On-demand launching of customer- owned boats stored on the business site) per Zoning Code Section 10.41, Subd. 7B. Historic use of the 72 spaces has been limited to 20 tx^ts for lake use by a 1977 stipulated agreement between the City and a former owner of the property. The LMCD. however, has for many years required that all 72 spaces be licensed for boats that ore for lake use. This inconsistency should be rectified, and lo.st fall the Council indicated it may be appropriate for the City to allow' use of all 72 spaces for on-demand launching per the LMCD licensing. Perllnenl Code Section “10.41, Subd. 7. Conditional Uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this Section. All conditional use permit applications shall be reviewed in accord^ce with the provisions of Section 10.09 of this chapter. Within any "B-2" Lakeshore Business District, no structure or land shall be used fer the following uses except by conditional use permit: B. Public boat launching, On-Demand (On-demand launching of customer- owned boats stored on the business site). Applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to LMCD permit for such use, but City shall not be obligated to ap^. ovc such use if approved by LMCD when parking is inadequate." The landscaping and screening standards are attached as Exhibit G. To: Chair Hawn and Planning Commission Members Ron Moorse, City Adminisiralor From: Mike GafTron, Planning Director Dole: Apnl 13,2001 Subjccl: «2667 North Shore Marina. 3222 North Shore Drive • CUP • Public Hearing Zoning l>istrkl: Lot Size: B-2 Lakcshorc Business District 3.34 acres (3 total tax parcels) List of Exhibits A • Application D • Plat Map C - Property Owners List D - Survey (1984) E - Parking/Storagc/Land.scapc Plans F - l.andsa^Mng requirements Section 10.41 Subd. 10 0 - Letter and Attachments of 5*23-95; includes past site plans H - Airphotos a) 2000 site; b) 2000 marinas area; c) 1994 site; d) 1955 sittf 1 - "Tlie Dry Slack Agreement" 7-29-77 J - Onginal dry-stack construction plans K - LMCD license documentation (Example is 1996 License) L - Letter from Neighboring Property Owner Snnmary of Request: Applicant requests formal approval for the use of 72 existing dry-slack boat storage spaces for On-Demand Public Boat Launching (On-demand launching of customer- owned boats stored on the business site) per Zoning Code Section 10.41, Subd. 7B. Historic use of the 72 spaces lias been limited to 20 boats for lake use by a 1977 stipulated agreement between the City and a former owner of the property. The LMCD, however, has for many years required that all 72 spaces be licensed for boats that arc for lake use. This inconsistency should be rectified, and last fall the Council indicated it may be appropriate for the City to allow u.se of all 72 spaces for on-demand launching per the LMCD licensing. Perllnent Code Section “10.41, Subd. 7. Conditional Uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements ofthis Section. All conditional use permit applications shall be reviewed in accordance with the pn>visions of Section 10.09 of this chapter. Within any "B-2" Lakcshorc Business District, no structure or land shall be used for the following uses except by conditional use pcmiit: B. Public boat launching, On-Demand (On-demand launching of customer- owned boots stored on the business site). Applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to LMCD permit for such use, but City shall not be obligated to ap^. ove such use if approved by LMCD when parking is inadequate." The landscaping and screening standards are attached as Exhibit G. Hlbbl North Shore Marina April 13.2001 Page 2 Background I. Ancicni History. The North Shore Marina site has been used for commercial purposes since the 1950 j or even earlier. The property was first zoned in 1957 for commercial use. and at that time it contained a small resort. A i.iorina was being operated at the site in 1966 when the City chose to rezone it to residential (LR-lC-1). The City was sued by the owner, and the courts ruled that the rezoning was arbitrary and capricious. As a result the City was ordered to rezonc it back to commercial (B-2) in 1967. As part of the 1975 City-wide rezoning, the site again was rezoned to residential (I.R-1C-1). based on the directives of the Comprehensive Plan, claims that access to the site was dangerous for vehicular use, increased commercial use would intensify the traffic hazard, and the marina is surrounded by residential uses. This rezoning action brought on the filing of another suit by the then owner, l.arry Ilork, but the suit did not go forward. In 19771 lork began construction of a "dry-stack" boat storage system on the site. This led to a legal battle between the City and Ilork, the ultimate result of which was a settlement known as "the Dry Stack Agreement" (Exhibit I), allowing construction of a pair of two-tier, 24 space storage units without roofs, and a storage height for the 2"* tier of boats not to exceed 15' at the deck line of the stored boats. In the settlement, Ilork agreed to erecting a fence to help screen the stored boats. Those of you who were in the area in the late 1970's and early 80*s will remember the infamous ugly blue fence that was installed along North Shore Drive. The storage units were originally constructed so os to contain a 3"* tier, but did not have a roof. Ilowrvcr, in 1984 after Ilork reconstructed his docks to meet City and LMCD requirements, the property was rezoned again to B-2 Lakeshore Business District, os it is today. Hork was then issued a permit for a new 40* x 75' service building on the site, and was permitted to add roofs to the dry stacks, which extended them to a peak height of 29' above the adjacent ground level, as they exist lodiy. II. Recent History. Rich Anderson, current owner, purchased the manna from llork’s family in 1994. Since 1988 the LMCD has been licensing all 72 of the dry stack spaces for boats intended for lake use (os opposed to boats "for sale", "waiting lor service", "company boats" or oUier boats not owned by customers for on-demond louiKhing). Anderson stales that he has not exceeded the City’s 20 lake-u.se bout limit, even thougli he continues to pay aiuiual LMCD license fees for die c.xtra 52 spots which have been used primarily for servicc'repairs. company boats, and lung term storage. StalT lias discussed the inconsistency with LMCD stall on a number of occasions through the years, but die LMCD policy is not likely to change; in LMCD’s view, a boat stored in a rack on the site is likely to be used in the lake, so that space gets licensed. Arguably, every marina probably contains boats stored on trailers for various reasons, and they don’t get liccn.sed by LMCD. but dicy could be going to the lake the same as a dry-stacked boat. Anderstm has made great strides with the marina since 1994 in terms of site maintenance. The sit: has been cleaned up, whereas prior to his occupancy die site contained old decaying boats and debris #2667 North Shore Marina April 13,2001 Page 3 and was generally unkempt. The clubhouse building near the lake has since been renovated; the landscaping has bc*cn enhanced considerably, especially along North Shore Drive; and the site continues to be maintained in a way that results in no complaints. Anderson is working with stafT to continue his landscaping improvements, and has expressed a willingness to imprt>ve stormwater management facilities on the site in conjunction with a comprehensive long-term site renovation plan he is planning to bring in later this year for discussion, lie will also be considering the options for removal or renovation of a small house on the site (used mainly for storage) which was damaged by fire over the winter. On the downside, perhaps, is that graveled areas on the site (most of it is not paved) arc perceived by staff to have crept outward through the years. We have never had o formal hardco%'cr survey of the site, and old site plans on file suggest that certain areas have been used for parking and storage off and on. There appears to be os much hardcover today on the site as there has ever been. CUP Reqyircmenia Section 10.41 Subd. 7B allows the issuance ofa CUP for on-demond launching of customers’ boats stored on the site, as long as adequate parking is available, and as long os the approved landscaping plan is being adhered to. Parking. North Shore Marina has more than adequate space available for parking to serve the dry stacking needs as well as the slip customer needs. The number of water slips historically licensed by the LMCD is 93 (the City has historically licensed 86 as rental slips) and with 72 dry-sUick spaces the touil boats for lake use is 165 of which 158 would be for rental use. Orono’s B-2 ordinances require 6 parking stalls per 10 bools, plus 8 additional spaces for the service/rctail component of the business. Total required parking is 8 + [ 158 x 0.6] or 103 spaces. The attached site plan (which is slightly out of dale sitKe the parking adjacent to the office was rearranged in 1997 but no new site plan has been submitted) indicates the location of 81 parking stalls. However, tlicre is substantial hordcovered area outside the defined parking area in which cars have been parked during the boating season when storage is minimal. Applicant should be asked to provide an updated site plan defining an exact t>arking layout for 103 snaccs. Landscaping. Ihe attached landscape plan is a generalized plan that the City has had on file for pcriiaps 10 years or longer. Site lamlscaping has been enhanced considerably while Anderson has owned the marina. Landscaping areas adjacent to the lagoon, clubhouse and office area were added shortly ofier he took over. Within the lost two years the screening along North Shon; Drive has been completely renovated with new berms and plantings. The intent for 2001 is to add significant vegetation along the west side of the service building. While this area has been given some attention by this and past owners, the past lilac plantings have not resulted in much of a bufTer. and additional screening is needed to better screen the building from the residential neighbors to the west ^2667 North Shore Morinu April 13,2001 Page 4 Although the marina has been unproved and well-maintained in recent years, it still has deficiencies when compared to code requirements for a new marina: - The required landscaping areas adjacent to the lake arc less than specified in the code; - The site has excessive hardcover and no stormwater management system; runoff from most of the site goes to the lagoon without any treatment; the old baffle weir in the lagoon fell into disrepair long ago; - Screening to adjacent properties in some locations should be beefed up; - Vehicular access to North Shore Drive has always been difficult due to the driveway slope and the nature of the road. NdchborlMiod CoaMcats Staffhas received one letter of comment from neighboring property owners, who indicate while they ore pleased with the maintenance and operation of the site, they are concerned about the added auto traffic and added boats in Maxwell Bay if the dry stack lake use is expanded (see Kxhlbit L). Issues for Consideration I. The site exccc*ds the minimum lot area and lot width standards for a marina in the D-2 zone. The site is the largest of Orono's 5 marinas, and has the most usable area for supporting the land-base needs of its water-oriented operations. 1. In the context of this being an existing mariruu staff is satisfied that the approved landscaping plan is generally being adhered to; the ongoing enhancements should continue to improve the site and bring it more into conformity with the standards that would be expected of a new marina. Plaiming Commission should consider whether additional specific items of landscaping should be required in conjunction with this request. 2. It appears that parking con be shown to be adequate to satisfy the D-2 requirements for the proposed level of use. A revised, updated parking plan is needed. 3. Approval of the full complement of 72 dry-stack spaces to store customer-owned boats for on-demand launching b on apparent conflict with the 1977 dry-stack agreement. The City’s intent for that agreement was to limit the number of bw ts on the lake. However, it can be argued that times have changed, and that some factors t.iat resulted in the Agreement have changed since that time, such as: - Tire property is now zoned D-2 Lakeshore Business and is a conforming use In that district; in 1977 the site was zoned residential (LR-IC-I) and the marina was nonconforming. #2667 North Shore Marina April 13.2001 Page 5 - Gayles Marina no longer exists, and the demand for slippage is ever-increasing In all areas around l.oke Minnetonka; the allowance of dry-stacking may relieve some pressure to rent slips at private docks which Orono doesn ’t allow (but can’t nsily regulate). And. os each year the number of bigger boats stored at marinas increases, the cost of water slips becomes prohibitive for the casual boater who only wants to go out occasionally. Availability of dry-stock slips potentially could decrease the number of boats being troilered to the public accesses. •> With tniilerable boats also getting bigger, the storage of larger boats in residential driveways around the lake all summer may be slightly decreased if the dry-stack allcmalive is available. 'fhe inconsistency between LMCD and Orono in the licensing of slips or spaces for lake use should not continue indefinitely. LMCD is better positioned thon Orono for influencing and managing the overall density of boats on the Ijikc. If the land base con adequately support the boating operation without negatively impacting the surrounding neighborhoods or causing traffic concerns, then perhaps the City should defer to the LMCD in regards to ultimate use of the lake. The City has not shown any recent interest in micro-managing the marinas as it did 20 years ago. While there may be substantial reasons to consider allowing all 72 dry-stack spaces for lake use, Planning Commission must weigh this against tlic possible added traffic to and from this marina. Tlic neighbors have made the point that traffic along North Shore Drive is a problem during the summer months. Will adding 52 dry-stack spaces odd to the traffic problem? Applicant should provide inforaiation os to his expectations of how oflcn any given dry- stacked bout will be used, based on his experience witli 20 spaces and/or the experiences of other marina operators on the Lake using dry stacks. Staff Recommendation Planning Commission should review the application in terms of the follow ing: - Compliance w iOi parking needs as established by Code; - Compliance with landscaping code requirements, and needs for additional landscaping - Potential impacts on neighboring residential properties (visual; noise, auto trafTic; boat traffic; etc.) Note that staffhas advised the applicant that any future applications which moke physical changes to the site layout will likely require the addition of stormwater management facilities and a more detailed review of the site in terms of hardcover. #2667 North Shore Mtfina April 13.2001 Page 6 OptioRS for Actioa 1. Recommend approval of a CUP for lake use of the additional 52 dry-stack spaces. 2. Recommend denial, specifying reasons. 3.Table for ftirther information (such as parking layout, updated hardcover survey, info on expected dry-stacked boat level of usage, or 7). Other. # # * .<• - • AppUcaliiNiM • AiMiintPaid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Silc Address Type of Application »o be Filed Property IdentiGcation Number (P.l. APPLICANT Nome Addressss^vil^ Phone (homcn^T^^t tWOr Phone (work) * • VTI City ______Zip OWNER (if diffeieal than applicant) Name ____________________ Phone (bomc)_ Phone (work)_ Address Date Property Acquired oiU4 (month/year) 1 (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____S17S.00 ResidcnUal Accessory Use _____S2S0.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use $250.00 Land AlteraUou ____ Grading and Ailing • designated wetland or floodplain Grading aqd Ailing - 501 cu. yd. or more ;'i<6rading, seawqU|;RtAining walls within 75' of Uke^re PRD/PID - see Fee Scholule $150.00 Renewal Fee (no change from original application) Afler-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule REQUIRED SUBMITTALS 1. 2. 3. 5. 6. Completed Application Fonn. , Describe request in detail. * Certified Property Owners List of owners within 350 ’, labels and plat map (you must obtain this list, labels and map from Hennepin County Deparunenl of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for furvey information. ^.Attach legal.description to application if/iot wlydod on regyired survey. j'Topo'gfaphiV'surVcy ^existing^and contours) if land alterations involve .eludes in e(evation (gmdpj. .j, _ List'of'the iegafnamw (infludd rnarital status) of all persons with an interest in the T.-.rv p^|friy..niis would include namc(s) of aRf^^[^a^^^•^jf pot^cqire^ ownerfs). 'persons you wish'notified of this applicatibri. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11 ” X 17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) .0 The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Dcp^enl that Land Use Application is c^pletc.^^ Initials of Clerical Staff: ^ Date APPLICANT'S SIGNATURE _ The applicant hereby agrees to provide all infonnation required or requested by the ^ning Administrator, agrees to pay additional fees (staff time not covered by original fee piyment) and/or tinttmt** expenses incurred in review of this application, and certifies that the information supplied is true and conjet l^of his/hp^ knowledge. . ___________tA^PateAppUcanfs signature I OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the properly by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signamre Pale Applicant must have all submittals into the City ofTices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month Applicanu must be present al all Kheduled review meetings of the Planning Conunisskm and Council If an applicant is unable to ■ scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building A Zoning OfTice of thb change prkr to the meeting. exH^ s ^ t y \ \ \ (•» V.Vi ■•i-;I !l ( / I' '<*ji ;i M j -. I ■UL i\. » >^ -'1" »*'• f ' ♦ #- /v DDN B I*4 »1>I « !• ■i' / y MM MTI IS/t*/«l ■ATCN Stl •WMIrt* CflIMTV rflOrttTY IMFOnUTION SVSTflf raoptiTTv oMNtn list KNtT m. ft^SMSl PMt s not MM OMCt NMI TAWAVn NMM/MM U M-117-2S SI SSII •52ts Norm SNMM M SHIRLEY J HENDRICKSON ET AL SHIRLEY J NEICRICXSON RICK A HINMNRURO S2RR NORTH SHORE DR HAYEATA HH S5SY1 SO IR-lir'ES 41 •■•2 •S21R HOHTN SHORE OR DEMaS LEROY LIROY DCWaS LEROY LIMY Sm MOHNLOH AVE ST LOUIS PARR NN SS42A SO M-lir-ES 41 ttss •S2R2 NORTH SHORE OR ■RRERT R S JANET L lAOATT RORERT S JANET LAOATT 02A2 NORTH SHORE OR NAYZATA IRI lOSRl PROP ASM ONNER NAME TAXPAYER NANE/AOM SO 00-117-21 41 0004 01224 NORTH SNORE OR NORTH SNORE HMINA INC NORTH SHORE HARINA INC 1222 NORTH SNORE M HAYEATA m SS141 SO 00-117-21 41 OOOS 01240 NORTH SHORE M ((ORTN SHORE NARINA INC NORTH SNORE HARINA INC NORTH SHORE RR HAYEATA Ml SSin SO 00-117-21 41 0004 012S0 NORTH SHORE DR NORTH SNORE HARINA INC ■north shore HMOU INC 1222 NORTH SHORE DR HAYEATA Ml SSSfl SR 00-117-21 41 0007 ry *"” SSSSS NORTH SHORE DR MR«R HAHE DANIEL J TORRERR TAXPAYER DANIEL J TORRERR NANE/AOOR S240 NORTH SHORE DR HAYEATA HH tSlOl SO 0R-117-2S 41 ROOD 01242 NORTH SHORE DR J J RUEUER OOP THONPSON J J RUEUER OOP THONPSON 2142 E 4000 B SAIOY UT 04042 SO 00-U7-2S 41 0004 0S2U NORTH SNORE OR T P THONPSON I J J THOHPSON ■AVIO P/JENNirER J THOMPSON 1200 NORTH SNORE OR HAYEATA NN SSS41 PROP AOM ONNER HAHE TAXPAYER NANE/AOM SO 00-117-21 41 0012 01124 NORTH SNME DR HAXNELL ray PROPERTIES LLC HAXHELL RAY PROPERniS LU Also RAKER RR HlIRKTONKA NN SSS4S 50 00-117-21 41 0021 01124 NORTH SNORE M HAXHELL RAY PROPERTIES LLC HAXHELL RAY PROPERTIES LLC Also RAKER RD numetonra mi SSS4S so 0R-117-2I 41 0024 0S2R4 NORTH SNORE M R 0 1 HAAOE RODERT 0 IRIS HAAOE 12R4 NORTHSHORE M HAYEATA Ml SSS41 PROP AOM ONNER NAME TAXPAYER NANE/AOM SO 00-117-21 44 0001 01244 NORTH SHORE 01 RUSSELL A NORtM RUSSELL A NORUH 5244 NORTN SNORE M HAYEATA HN SSS41 U 00-117-21 44 OOOS OSSio NORTH SNME M HAXNELL RAY PROPERmS LLC MAXNELL ray PROPERTIES LLC Also OARER RD nmnomu m sssas so 00-117-21 44 0004 01220 OOMir POINT LA R 0 S ALLEN RICHARD 0 ALLEN 5220 ROMM POINT LANE HAYEATA Ml SS141 PROP ASM OHNnA NAME TAXPAYER NbiE/AOM 50 00-117-U 44 0007 01210 ROMM POINT LA 0 P 0 J A DALVEY OAVIO P OALVSY 5210 OONHS POINT U HAYEATA Ml SS141 SO 00-117-21 44 0000 01240 BOHNS POINT LA R J RITTER SNR RITTER RORERT J S NARY K RITTU 1240 ROHNS PRINT U HAYEATA Ml SSS41 SR 00-117-21 44 0011 SSOlO ARORESS UNASSISNEO ■JOSEPH J 0 MARY K DOOLZNO RICHARD 0 ALIEN 1220 ROMM POINT LANE HAYEATA Ml SU41 ifc>7 4 3 a MM MTl tl/Zt/ll MTCI fffS raop ASM OMNii mm TAVAVn NAm/AOM nor ASM OMNtA pum TAXrAVKRmm/smm nor ABM OHM* NAM TAXTAVIR NAM/ASM nor ADM OMMR NAM TARTAVtR NAM/ADM NOMirXN COUNTY nOMITV nvOMATlON SYtTIN OCRS LIST roar adm OMMR NAM TANrAVCR NAM/ADM SR M-U7-23 «4 RR19 •S27R NOOTN SNORC M NCTM MASTI CONTROL CONN MTRO MARTI CONTROL COM MAM fARR CtNTRf 2SR C STM ST ST RAUL NN SIlRl SO M-117-SS 40 RStO •SRfR NORTH SNDK M R I X HAAOC ROOCRT A IRIS NAAM 1204 NOOTNSNOM M MAVZATA NN IfSfl BO •0<117‘n 44 RR21 RORSO IBMCII UNASSX6NU R R I MAAM MMNT R XRXt MAAM 1204 NDRTNSNOM M MAVZATA NN Stsn RfTORT NO. 714X0401 7A0C 4 ' t . SO R0-n7-2S 44 RR22 RORSO AOORCSS UNASSIONn R R X HAAOC ROOCRT R XRXS MAAOf S204 NMTNSNORC M MAVZATA NN SBSRl SR R4-117<2S U RRRO RS14R NORTH SNORt M N S HALLACf 1 D D HALLACt NtCNACL S R DOWU D HALLACt . SIRR NORTN SNORC M MAVZATA m BBSn BO RR-U7-2B S2 RRRO RSIOR NORTN SNORt M 7 J OLONMRO R 0 J DLOMCM 7AUL J A BCVIRLV J DLOMCM BIM NORTN SNORC M MAVZATA M BBSn SO RR-117-2S S2 RRIR CS1R4 NORTN SNORC M f 7 7ACOVSRV R N L 7AC0VSRV CRtMICX 7 7AC0VSNV NXCmUI L 7AC0VSRV B104 NORTN SNORt OR MAVZATA NN BSSRl SR RR-117-2S S2 Rill RSIOR NORTH SNMC M J A R 0 L ROSATX JAMS A R DCBRA L ROSATX S1M*N0RTN SNORC M MAVZATA NN MSfl U RR-117-2S S2 RRlt RSIVR NORTN SNORC M C A A A C TRA7ANCSC CNnVL R ALOCRT TRA7ANCBC SIRS NORTN SNORC M MAVZATA m SSSRl SR RR>117-2S SS MRS R142R BOMS POINT RO N R V MAOCMR NAMXCC J MAOCNCR 142R OOMNS POINT RO MAVZATA NN SSSRl SO RR‘117-2S SS RRIS R14R4 ROMS POINT RB C N a C P CHR7NAN CNRXSTOPMR I CNXLV CNA7HM 14R4 OONNB 70XNT M MAVZATA m BRSRl M R4-117*ZS SS 0014 OSIOS NORTH SNORC M J R C C N AANCSTAO JONATNAN/CATMRXM AANCSTAO BIOS NORTH RMORC M MAVZATA NN USRl •• TOTAL OATCN BRS RIRSO 51 ; < • .. . . . A' ■ V% ’■ . ! #2367 . » r ■ 1 1 s om omvi MAKIWA sc Alt ■01 )/10 «r Itl I. Stcllen I. t Ifini Narlh tf Ctuniy OI.O) iMt o( Iht East in. I Qvtrnnanl lot ont III North .t III, Tovnihtp Otto Hundril ft TstnlyThrot 17)1; and 'll, Stcllon Elf hi III. Tovn- vtnittn lll/l North, Riofo tl ol Ihi )lh Principal I lollonli Conntncihf al lint tl Iht Markvilit and 0 calltdl laid point ptinf tl of Iht tail lint ol said h paralltl with Iht Etti 140 Itti lo Iht Short ol ■net SouthMttItrly alonf j lakt to a point which it 1 ol Iht East lint ol said h paralltl with said East tnitr lint ol said road: alonf said ctnltr lint to «• I Ih ■ifti It a Irut and ctrrtcl ptd •! IK* Pdundarltt of ihi Id •! Ilia location tl « y. I ton. and all dtlkll 7 * iMarch. If|4. *’* IN. FIELD & NOWAK. INC. ^rttyors i I'-L . \ } nntsola Atfltlralion No. «0)) I art asswflitd. >• /T* * J' 1•1;i f 4 .•r1 . ^_____ t •»*». *;•* 1 ' 1 1 ■ 1 Jt»" \l* ) ^ “ n i»-*"••- 0) S/i« tf l«l I. Stclltfl I, It ». lyinf Ntrth ti Ctuni* 11.05 tfti tf tm fast in. I ovtrnittfti lot ont III Narlh it (|l, Ttanthia Ont MuntrtO lat Tntniyfhrtt »?l»; tnt Ml. Stciltn IlgM HI. fa«n. vtnittn Mill Marin, Oan|t tl of Iht Stn Prlneiptl s follonti Ctaatnclnf tl lint of tnt Mtrivlllt an< a ctlltOI itid oeini fetini M of tnt till lint tl sold n pirtlltl with int Catl MO lit! It tnt shtr* of ■net Sovin«ttitrlp tioni j Itkt It t point «nlch It I el tnt Ittl lint tl said n pirtlltl nim Slid Ctti tnitr lint tl ttid road: altn) tald ctnitr lint la 9- Jvi '■i____j I' ) / j! —- —*^1 • J '• t in - jrvi It • Irut and cerrtcl atd •! If>* fetundaritt tl im Id tf tnt leciilen tl • p. I ten, tnd til vltlllt * * I Marcn. 1914. 1• vsu I XN. FIEID 4 NOWAK, INC. ^urvtyert • Innttrli Hffltlritlon Nt. 9055 [--.a__\J -----— ------------ t ■\\ » . t art munea. r*“ I •i.'i..* V>“ V*./. (’•]! iTl i T M-r. — ■■ At p • 4 no H \0i> i.“ : \ iw • .- I, - ^«r * f%CKf06.PiMJ I •* so’ (Al>fieiVC> PA3C\ GV(ffi>TS UiBt> /AJ lo^i ft< sg^iee ftuiuD/Mc, irtitAc^ ^ HACocxvK. VA^AAJoi) /t|^C//JA Noa^^ T^*^**^ i -7 72 ’ -^0£jp>»/:4£y«O_SPA4JgS.. ................................... _____CeeJL-£Ai’tLAfVm^^---------.$u*Mh4toc_\ _______ui/NTvy^/V- -i 4toC.^a«<«6.--Sfi«:e5.beiy-<»-*TKfc.-------- /i^osmteeeca-^^&ai^------ j4u»JL<2fci-eu<a-Dor -i. __1. J^t^z2SkDL <ow»g ^ loR vu A i_ _2G+. - cp^4s> ir*mcH toecur_^<5^^c>L-------------O-----y ^ J. _fb4C-.CAA. -------------------------------- ^WIX. 1 S-nweW A lifT "iiinr«i • NVj. r< '\ I-' - .< . y *. jj * ■— • — I I. . A •' 'l »- ..ir - — .^.1 ^ _-75' 99ra^u - f4r>.3 - - . . . .. , I / y •I »!.• -i-----------aS / #■ 11 *• ■ «l/M SMr I I V________'I' '&- ^ a ^ <5V " r«'l> S. ",W-' 1 f^AnocevtA. ,!*ia: 7 «« t^i»> * /)*7S‘ : 7S-*^S0* •* ; ‘ r?73 \ •S- *1. 1! V. ^1 _*r5 ’*3enM«K U^m I ____‘ / ' t! ---- "* — / *-»V ----- I—-----------------------n I y ?k»i' j4-^-----—_ ;i:a ^4rtPCcVft<L /tit 7 M»3 /J.7S*: 7S''^S0' •* f5u?Ki'o^»/^AOcc>i/c«. P/yiAj /=ieoA\ GX/(iliiTS U^^X:> /A) /\fPi^,^2>"Z3, 6oH icK lAj^s ACff20\let^ re<z. jCcSOi-/%>«. Str^v/jc£ fiv.ciuD/WG ^>erJiAC'iL ^ l-lAACKXAJ^tl VM[amc9s ^ . F_ §10.41 to be caused by the business conducted. The parking areas need not be paved, but shall be provided with appropriate stormwater runoiTquality/quantity controls as may be required in this chapter. The minimum parking requirements shall be as follows: L A. S’X parking spaces shall be provided for each ten boat slips on water or on land. D. At least eight ofT-street parking spaces, plus one additional space for each 800 square feet of door area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. C. If the proposed use is to include the launching of boats owned by the public for the day from trailers (i.e. Public Boat Launching, Transient), ten additional auto>trailer parking spaces shall be provided for each ramp. D. If the proposed use is to include a charier boat port of call, one additional parking space for each 3 seats of gross charter capacity shall be provided, or a plan for off-site parking and shuttle service shall be provided lo the City subject to Council approval. E. The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space, or ramp they are designed to serve. F. Required off-street parking space may not be utilized for open storage of goods or for the storage of boats, except that during the winter storage season each year, the requited oCT-street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area During the transition seasons (April 15 to May 31 and September 16 to November IS), adequate parking shall be maintained on the site, sufficient to eliminate traffic or parking congestion, but in no case shall parking be reduced to less llian 20% of the required spaces. G. Parking may not be allowed in any required yard or landscaping area H. Employee parking spaces shall be in addition to the parking spaces required above. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the City. 1. Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use. ■ Subd. 9. Yards. The minimum miuired yard areas for the district sliall be landscaped and planted witli evergreen and deciduous shrubs and trees in cccordance with a detailed ORONO CC 339 (4-1-84) § 10.41 landscape plan. Storage of boats, vehicles, eqtiiproent and materials shall not be allowed within any required yard. Subd. 10. Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A. The minimum landscaping areas shall be as follows: 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average lot depth, but in no case shall it be less than 10 feet nor more than 75 feet Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation. 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. 3. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than 10 feet de^. Breaks in tlic landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. B. The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be inicrdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50% opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence may be required in addition to the natural landscaping which has been planted to meet the requirements of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursciy stock, balled and bagged trees and sluubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this Chapter, whichever date occurs first. D. All landscape areas shall be sufficiently delineated by berming, curbing, or other acceptable physical barrier so os to eliminate the encroachment of vehicle parking, winter ORONO CC 340 (4-1-84) / § 10.41 and summer boat storage, and oUier materials or equipment storage into the required landscape areas. ja E. All groundcover in the required landscaping areas shall be natural living ^j\ materials, such as gra<!s or other planted groundcover. Decorative rockbeds and the like, whether ' or not lined with plastic, fabric or other weed inhibitors, shall constitute no more than 10% of the required landscape area.^ 11. Additional Performance Standards, Within the "B-2" Lakeshore Business District any land use must meet the following performance standards: A. Suitable sanitary facilities connected to publie sanitary sewer shall be provided on the premises for men and women, and further, suitable facilities shall be provided fot tlic disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout faciliti'^s and a designated porta-potty dump station. B. Insofar ns practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential areas. All access it>ads from the operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to the public roadway to minimize dust and noise conditions. All access roadi from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to tlie extent the unpaved public roadway is dust controlled. C. All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. D. The hours for running engines or operating any boat engine for the purpose of charging batteries, rumiing auxiliary equipment or testing shall be between the hours of 8:00 A.M. and 6:00 P.M. Noise shall be limited per the provisions of the Zoning Chapter. E. The maximum hours of operation for retail sales and service functions shall be 7:00 A.M. to 10:00 P.M., except as necessary to support normal (non-tournament) fishing activity or pri> ate (non-charter) use of the boats stored on the premises, unless other permission is specifically granted by the Council. F. Persons in charge shall at all times kci p the docks, sea walls, and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. G. Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse • debris into waterway. Persons in charge of mooring ar%a shall provide ORONO CC (4-1-84) May 23. 1995 CITYof ORONO Municipal Omccs StlMt AMresS: 2750 Kelley Pviniray Ofono. MN 55356 iaMni Mdrass: PO Boa 66 Crystal Bay. MN 55323 0065 Rich Anderson North Shore Marina 3222 North Shore Drive Wayzata, MN 55391 Dear Rich: Tltis letter is to follow-up our May 15 inspection of the marina. Please remember that the deadline for your conditional use permit (CUP) application including llMi caretaker residence and dry stack (on-demand) boat launching is Friday, May 26 at Noon. Regarding a landscaping plan that you and I can fonnally agree on to presem in support of your CUP application, we discussed llic following: • Consider replacing wood chips witit sod on the pathway to the clubhouse. • Reduce die extent of the parking turnaround area northwest of the marina office, • Re define the landscaping and parking areas along the east lot line south of die marina office. • Increase the depth of dtc green landscape buffer surrounding the lagoon, preferably to 20 ’-30 ’ (Code would require 47 ’) and define its edges. • Rcniave fence/gatc at entrance to marina office area. • (Future) Remove small house on east central portion of property. • (Future) Install stormwater pond along east side of property. • (Future) Pave packing areas and drain towards stormwater pond. Tdepbone (612) 473-7357 • FA.X 473-05M Rich Anderson May 23. 1995 Page 2 Consmici 6’ fence along east lot line (approximately from road right-of-way line northward to where existing vegetation screening begins). Although we didn’t specifically discuss it. if you ever do regrade the site, consider rebuUding the driveway entrance to the County road by building it up to allow for a 20 ’ apron level with the County road for safety purposes (this will take significant fill). You indicated a desire to regrade between the south dry stack unit and the rt^ to create a second berm for tree planting/scrccning. Tliis will require a delaiW grading plan and review by the Council, although if than 100 cubic yards toul would 0121 require a separate conditional use permit. The area between the dry slacks and the County road needs to be re-vegetated. although you arc doing a good job of not using that area for storage. The area behind the caretaker house being used for storage is recent gravel (since 1985 approval) that was never specifically approved for hardcover or storage, although it is a relalivelv unobtrusive location for storage. Your proposal to screen this with a fence between the caretaker house and the existing vegciauon screening is a good plan, but we need to resolve the hardcover issue (see hardcover diagrams attached). The lilacs along the west side of the service building won’t do any significam screening for 10-15 years if they survive. Your suggestion of planting some deciduous trees (maples, etc.) along that budding wiU provide some softemng of its impact much more quickly. All storage along th vest side of the service building should be discontinued. Except for the first 40’ north of the service budding, screening along the west side extending to the lake looks like it will be fairly good under summer leaf-on conditions. However, remember this is an especially sensitive area because neighboring houses are very near your property. The area west of the lagoon also has never been approved for hardcover, and although only a portion of it is graveled, this area needs some O"® goal would be to eliminate as much hardcover as possible withm 75 and then continue a green buffer strip along the lagoon. By code, that ^fTer along the shoreline should be almost 50’. However, a 20-30 ’ buffer coupW wth the parking lot paved and draining to a stormwater pond, probably results m a good long-term plan. ^ 9 A Rich Anderson May 23. 1995 Page 3 Your suggestion of re-insialllng the baffle system on cither side of the fork lift pad at the end of the lagoon, is very appropriate. I have enclosed the original baffle plan, although it probably should be modified to make use of the docks as you propose. Your parking requirements for 86 wet slips. 20 dry stack slips for lake use. and the sales and service functions total approximately 7g spaces in addition to your employer parking. The formal parking plan on fie indicates 69 spaces south of the lagoon, plus another dozen or so spaces near the marina office. If the green buffer around the lagoon increases to 20-30*. the northerly row of spaces south of the lagoon would be eliminated. The.se might be made up along the cast side south of the future sionmvater pond, and might be a reasonable hardcover tradeoff since die new parking would be further from the lake. lakeshorc. minimizing hardcover to the greatest extent possible, and UeaiinS lll£ ?U>rm\ValgI ryn^ff from the hardcover that docs exist. I think we need to Uke a closer look at the hardcover expansions over die last 10 years, and bri.-g them back into some reasonable degree of compliance. The City’s second goal is that marinas be a "good neighbor" to the greatest c.xtcnt possible. In the case of Nonh Shore Marina, that may be accomplished with some fencing, some additional vegetation screening, and by your prudent operation of the marina to avoid negative impacts on neighbors. We haven’t had any complaints since you look over. Regarding your sign proposal, Jeanne and 1 agree that replacing the ’Mobil inserts with a North Shore sign, and removing the taller sign east of the driveway entrance, would be a positive improvement. You should check with the Iluilding Impcctors about a sign permit to do that. Interior lighting of the sign is not prohibited. I’m not sure where your sign is located in rcblion to the lot line, but because it is an existing post and frame, you would be allowetl to cliange die inserts without moving the sign. During the inspection we discussed the fact .ual not all of the improvements can realistically happen immediately, due to time and financial constraints. It would be lielpful if you could this letter as a punchlist, add tilings that I have missed, and pul a lenialivc dale (1996. 1997. 1998, etc.) on those improvements that are long-term. With that mformalion, we can sit down and formalize a landscape/stormwaier improvement plan that you can take to the Planning Commission and Council in support of your CUP applications. 1 Rich Anderson May 23. 1995 Page 4 The clubhouse docks are looking good. I think you're making giat progress Give me a call once you have had a chance lo read through this letter so we can rinalne a landscape plan. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator MPG/lsv Enc. Sitc/Hardcover Plans Through the Years Baffle Weir Design ■ •■ (ADAf^reCi FAotA &(MltfTS Uiet:> /AJ VAf.,AffL,-t*.t,T:i, AfftsoUii^ik f»e«. 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V • .! • * STATE OP MINNESOTA COUNTY or HENNEPIN Larry Hork and North Shora Drive Marina, Ino., Plaintiff, City of Orono, a Bunicipal corporation, and Nalter B. Maaaenqal, Norauin W. Paurua, C. Paul Peaek, Mary Butler and Hilliaa D. Van Neat, Oafandanta. dae r-r-V ^ DISTRICT COURT POURTII JUDICIAL DISTRICT Pile No. 738037 STIPULATION rOR SETTLEMENT •I ; ■ NIIEREAS, plaintiff connonced an action against defendants in the above Court, and WUCREAS, the parties, through their respective attorneya, now desire to settle and reconcile their claims assorted in this natter, NOW, THEREFORE, the parties agree as followst The City of Orono agrees to grant and does hereby grant to North Shore Drive Marina, Inc. (hereinafter Hork) a temporary license to allow for the construction and suiintonance of two dry stack boat storage units at North Shore Drive Marina, (legal description attached as Exhibit A), upon the following conditionsi 1. Hork may erect the two two-tiered (48 boat total capacity) storage units without roofs, ’ svlng upright frames of an overall maximum h« ght of not smre than 19 feet, width of 14 feet and overall length of 112 feet, said units to be located upon the footings shown in Exhibit B. The storage units may not have a crossbar above the second tier, IS feet above the ground, unless an engineer certifies to the City and the City agrees that the crossbar is necessary to ensure the stability of the storage unit. In any event, a third level of the storage units may not be used for storage of boats or any other staterial and the deck sur face of the second tier boats may not exceed 15 feet above !;■ ground level leeasured froai the beie of the unit to the deck ■urfece above the hull of the boat. 2. Thia authorisation is given provided that land> scaping and installation of ahrubbery reflected in Exhibit B, and other screening oeasuroa as eiay be reasonably required by the City of Orono be lapleisented as soon as is reasonably practicable but in any event the required screening isust b« coonenced by Septesdier IS, 1977 and coaipleted by October IS# 1977# if at all possible. Hork shall use his best efforts to install the required fencing issscdiately and in any event shall cosusence installation by September IS, 1977 and complete in stallation by September 30, 1977, if at all possible. It is understood that the fencing is the primary screening device and that shrubbery will be secondary, i.e. will be required where the fence does an incomplete Job of screening. The fence shall bo opaque, made of wood or some other svaterial meeting the approval of the City building inspector, and shall be ten feet in height along the side lot lines and six feet in height along the from lot line. In the case of adjoining landowners who, for various reasons, do not want the fence installed, the City shall SMke the final determination of whether a fence shall be required. 3. Immediately upon completion of the storage units and aimultanoously with the placement of any boats in the storage units, 20 boats occupying rental slips in the marina shall be removed from the lagoon area and may not be located there (except for launch and removal staging at any time during the period of this agreement. 4. By Septesdier 30, 1977, Hork shall construct a berm on the premises in the general area shown on Exhibit B to collect all the storm water runoff from the premises and direct the storm water into two baffle weirs designed to eliminate all oil, sand, cigarettes, and other pollutants from the storm water before discharged into Lake Minnetonka. Thase trairs shall be installed, maintained and cleaned at Hork'a expense I .. -2-■4^ > • •s • r- ,% ** I. At all tlnoi during tho period of thia agreeiMnt, Hork shall at his eapense aaintain all required fencing in good repair and all the shrubbery as required by Paragraph 2 in a live and healthy condition and shall replace isMMdiately any foliage which is not in a live and healthy condition. 9. Hork shall noet all other requireiaents of Chapter 73 of the Orono Municipal Code and those provisions of Chapter 34 from the toning Code applicable to non-conforming use auirinas. 10. An long as Hork complies with all of the conditions of this agreement, this agreement shall be in effect from the date • of July 29, 1977, and shall automatically terminate upon expiration of the marina license issued herewith, unless extended in writing by the City and Hork, or unless Hork has cubmittcd his application for his 1971 annual isarina license in accordance with Chapter 73 of the Orono Municipal Code and the Cii.y has not acted to deny the sane. The City shall hold a public hearing prior to the extension of this temporary 1Icense. II. In the event that the City Council believes that Hork has violated one or more of the conditions of this agreement, the City shall give Hork tan days written notice of the alleged violation and shall set a public hearing before the City Council at which tine Hork nay appear to answer tho alleged violations and argue why his tenporary license should not be revoked and his bond not be forfeited to tho extent herein provided. The City Council suy by a siajority vote of those present at that meeting or any continued meeting subse quent thereto, of which Hork is given written notice, revoke the temporary license and order Hork to disassesd>le the racks within 15 days of said order. 12. If so ordered to disassemble the racks, Hork agrees to do so. In the event such an order is issued in the winter time. Hork shall have until spring weather and ground conditions permit before being required to effect such disassembly. \ -4- :* « l Him Hork agrcet not to litigate the isaue of whether or not he has a right to maintain the storage unite upon the premiaea until after he has diaaaaombled them. 13. In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid to Uork and in consideration of the City's agreeing to grant a temporary license for the construction and suintenance of the storage unit, Hork covenants on behalf of himself, his respective heirs, legal representatives, and asklgns, to bind irrevocably thesuelves to refrain from making any claim or demand, or to commence, cause or permit to be prosecuted any action in law or equity against the City on account of any personal Injury, disability, property daamge, loss of services, expenses, or other damages which Hork has or may sustain prior to or subse quent to the date of this agreement which relate to llork's construction and dlsasseisbly of the storage units herein author* Ited or for the screening and fencing which Hork has agreed to install. Moreover, Hork, on behalf of himself, his respective heirs, legal representatives and assigns, covenants to irre vocably bind themselves from smking any claims or desuinds, or to commence, cause or permit to be prosecuted any action in law or equity against the City in order to force the City to allow Hork to construct or continue use of the storage units or any similar storage units until aftar Hork has disassembled the storage units at his own expense. The reason for this covenant is that the City of Orono does not wish in any way to be estopped from claiming that the storage units should be removed just because the City of Orono as part of an experiment, in soning has allowed Hork to temporarily construct and suintain these storage units, and the City should not be liable for expenses incurred by Hork which he voluntarily undertakes in order to effectuate the terms of this agreement. i -5-.m 6 14. Conient Judqwont. Ilork •9raea to axecuta a Consent to jud9Mnt, in a fora to ba a9raad to by counsal for tha parties, which consant providaa that In tha event that tha City of Orono, after notice, hearin9 and detaraination as previously sat forth, dataralnas that Hork has aaterially violated one or aore of lhe*'conditions of tha a9raeaent, tha City of Orono, if it desires, nay upon application to the District Court, obtain froa the Court an order diractin9 Hork to disassenble the stora9S units within ten days of said order (except as previously provided in case a winter tine order to disaantle is issued) and/or s^y obtain an order froa tha District Court allowing the City of Orono to enter upon the preaises and disassenble the storage units and assess the cost hereof against the bond or the preaises, or both. The City agrees not to disassenble the units in tha winter tisw. Hork agrees not to contest the City's right to such an order. 15. Waiver and kelease. In the event that Hork refuses to disassenble the storage units pursuant to and as United by tha terns set forth above, the City nay enter upon the property and, using due care, isay disassenble the storage units and assess tha costs thereof against the bond or the preaises, or both. Hork on behalf of hinself, his heirs, legal representatives, and assigns, expressly releases and discharges the City fron any liability and froa all clains and causes of action they sMy have against ths City for the Citys entering upon the preaises and the disassenbly of the storage units so long as due care is utilised. 14. Hork agrees that prior to the conaencesMnt of the construrtion of tha two storage unite, he shall sufaait to the City and have approved by the City, the conplote set of construction plans certified by • a registered engineer of the State of Minnesota pursuant to the Minnesota State Building Code, certifying that the structure neats the require- •ents of the Minnesota State Building Code. -6-wiwi t**'.’ * ’ '}J •I 17. Uniqueneas of the Prwii«es. Tb« City Council has executed this agrccnont only because it finds that the premises are unique from other presiises being used for siarina purposes in that the premises include a large lot, topographical features which assist in screening the proposed storage units, and that there are numerous large trees and other shrubbery on the premises which, along with the additional screening, will assist in screening the proposed storage units. Those premises in that respect are different from the other marinas in the City of Orono along Lake Minnetonka. 18. Bond. In order to provide the City with the necessary security to reimburse the City for any expenses it may incur in enforcing this agreesMnt, Mork agrees, prior to the construction of the storage units, to file an irrevo cable bond with the City in the amount of 15,000.00 in a form acceptable to the City. The bond shall be forfeit and any amount thereof shall be paid over to the City upon written demand of the City to the bonding company specifying all costs of disassesdily including legal fees incurred in compelling disassambly of such units. Hork releases any and all claims against the City for the amount of the bond if the City causes the forfeiture of the bond because of Bork's refusal to disassemble the storage units or operate pursuant to the terms of this agreement. 19. Mork hereby witiulrawo the Notice of Claim previously served upon the City. 20. Hork's application for a variance and building permit shall be held in abeyance during the period of this agreement for final disposition whan the City has obtained additional information concerning the use of the storage units. 21. The granting of this temporary licenr.e shall not grant any vested rights to Hork for the continued use of the storage units. 22. Incorporation by Maference. All plans, special provisions, proposals, specifications, contracts and ordinances referred to herein shall be and hereby are sMde a part of this agreement by reference as if fully sat forth herein.■t -7- \ \ • .* *•: 23. Binding Effect. Th« taraa and provisions hsroof shall bo binding upon the heirs» representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the premises during the period of this agroesMnt. References to Hork, if there be more than one property owner, shall mean each and all of them. This agreement, at the option of the City, ahall be placed of record so as to give notice hereto to subseguent purchasers and ancusdirancers of all or any part of the premises and all recording fees, if any, shall be paid by Hork. In the event that the City terminates this agreement pursuant to the terms hereof or in the event that the agreement is not extended, such action ahall constitute a denial of Hork'a application for the variance and building permit. IN H1TNES8 HHBRBOr, The City and Hork have caused this agreement to be duly executed this 29th day of July, 1977. CITY OP ORONO, MltlNESOTA CLERK/MHINISTRATOR HORTM SHORE DRIVE HARXHA, IHC. LMRY BokX; P^IOtkT LARRY INOIVIOUALLY HENRYSABES 1 I JlkA.i BOND iinolo all iBen bp Zfuiit ^rcaenta, nui... ..................... Bond No. 1137-S4i LBRRY HOWC AND WORTH SHORE DRIVE MARINA. INC. M«id—HATIQWAI.,BafPlBO^AHI> ACCIDENT INSURANCE COMPANY lUU Md U>uyt >i. _CITY OF OWONO, • municipal corporation Jm UU mtm 0f FIVE TttOUSAND AND NO/lOO ($S,000.001 -iMW*. lawful iMNwy •/ <A« _fifire&rB^liSQ< _ Ua «JiMiaanc mduUaUtraUn «r mmiin*, far wUA paifmwut, m*I1 amd tmlg U b madu, wt /tOUl^ amd irntTmUif Kmd mrwttm, m4 mc A •/ MW Aairi; and •dmlnMrolsr* /D«»l|r ly IA m* pttwMis. dtaUd wflA aur moI< amd dattd thU____3rd________day a/_____AUflUSt__________l§ JLL •dUlm •/IU« l« aHoA Oa< WNWBIL WHBREAS, L«rry Hork and North 8hor Drivo Marina, Inc. have reached an agreeaent with the City of Orono regarding the construction of dry stack boat storage units at North Shore Drive Marina, AND NIIEREAS, the said agreeaent calls for the perforaance of various tasks and obligations by Larry Hork and North Shore Drive Marina, Inc. NOW, THEREFORE, Larry Hork agrees to file this irrevocable bond with the City of Oronoin order to provide the City with the necessary security to reiaburse the City for any expenses it suy incur in enforcing aaid agreeaent. The bond shall be forfeit and any aaount thereof shall be paid over to the City upon written deaumd by the City to the bonding coapany specifying all costs of disasaeably including legal fees incurred in coapelling disasseably of such units. The ageaeaent above referred to is the Stipulation for Settleaent- Agreeaent dated July 29, 1977 - File No. 711037. . •; »wt wtaa wBi»^^wMMiwi»taaiF sauwutt>H isy auww 7Ui»)MHU«*«r^ywM;»» la CesHaa IMmL r« Aa tUUiU.aO/ d-F*/- __ "TmiHI, InCT NAT^AL OONOING AND •tic <^ent ~in ;ura n c e co :- Jl/M '•}.i ! i INDIVIDUAL AUCMOWLBOOMBNT •taU •(. _________ A. D. t»^Z !•/•»• • •iU /«r tfU ffrmm^0 ^ At^xJL/rKfiM-uUi^iLj, 4 fiXtUf'tJuvh a/ J U aw knaun «• W UU ytr—a - imHktd Im —A irM tnmfi MMli JVy »tmmlidm JUSTtriCATlON rOR PERSONAL SURRTUS •Uttaf. Ctumtf «/_ Map Saly mmm, aay. aaaA /ar hlataalA UuU lU U m» •/ lAa muwitm wilMa aaaiaS; |Sa< S# 1« • raNSwiI •aS fntktUsr mf ISa State a^_________________________________________aaS iSa amaaal ateM Aia 4M» aaS lUUUttea. aaS auJaatna •/ Ma yraytrfy aaaatyl /ram aaaauttea. SatearOaS aaS «Mara te la/ara ma ISte -----------Saya/------- ------------------- Jf----- .Datlam^ teaat/laS te Oa lalMte RaaS. ACKNOWLRDOVBNT OP CORPORATE SURETY •laU tf .HinaaMta______ Caaaty a/—"*""*!!?.______ OalSia te/ara au apptartd OP C^P^^T^ SI ^rsc.H..tleclL. iSaaylte Jka—iS, JfATIOPAt SOironiC 4 ACClDPfT ISSmAIICE CflHPAirr 'aNaa» lAal tea aaol ajJlcaS te tea /Wa/ate# Outrummt U tea aaryarate mal a/ aalS aaryarallan.____________ aa4 teal aaU teatnrmaiU laaa aratniaS te aatearliy a/ lla Saar«| a/ -immdPH aakaaialaS/atf aoiS tealntmaitl te te te V. Xi Jfr 5{5>. jCmuUv. g O PZH aa> O cJz;o pq .i_______ • I i \• • ; * , V' * ’» • *1 ’ -rv K J ■‘V.. 'A ‘ ■ -i<t * ^*. --‘* ..’ ••, : • •»> Ilf: *v\•.••*; u>*rfc » ' ■:i ‘ '• • •‘■.t’: •*\.v.r- West eo feet of Cast <03 3/10 of lot I. Section B. Toiniihip 117, danse 23, lying *<ortn of County Hoad SI and The iiest (.0,05 feet of the Cast 103.1 feet of that part of Covernnent Lot one (1) l«rtn of road. Section eight (0). To*««shlp Cne liundred Seventeen (117), Ranne TMcniy-Three (23); and that part of Lot One (I). Section Cinhi (B), To>«nship One Honored Seventeen (117) llorth. Range T;jenty-three (23) West of the Sth Principal iieridUn descrioed at follows: Conuenclng at a point in the center line of the :tarsviI1e and Haple Plain road, (so called) '.aid pcint t>etng 1B3 1/10 feet due West of the Cast line of said Section; thence iiortn parallel with the Cast line of said Section MO feet to the Shore of Late lllnnctonLa; thcncc Southuesterly along the shore line of tald late to a point which i: 323 3/10 feet due west of the fast line of said Section; thence South parallel with said Cast line 603 feet to the center line of said road; thence Itortheastcrly along said center line to the place of beginning. ** !• hereby certify that this survey, report or property description was prepared by ae or under my direct Supervision and that I aa a duly Registered Land Surveyor under the laws of the State of Minnesota. Date:limn. Reg. Surtcyor (10. •vi • • . •. • s'* a * diiiiiilih r S’ip*,' - ,- 'r >f ■ '. ! 4HIK . '^. I 4^ lili i ^.'X 'ft ^ ‘ * nWg-U-rak Boat Storage Systerhs' are based on over 25 years of experience in de signing and manufacturing quality rack storage systems lor an inlinilo variety ol appli cations Wo believe there are more Ridg-U-raK Boat Storage Systems installed today than any other brand. This experionce Is your assurance ol receiving a sale, trouble- free installation A Ridg-U-rak boot storage system is easy to install No special tools are needed to as semble a Ridg-U-rak System. On-site welding, special fasteners or "wedges'* are not required. In lad. most Ridg-U-rak Systems have been erected by the owner and his reg ular crew. A Ridg-U-rak System Is strong. So strong that boat weight and rack height limits are governed only by the capabilities ol currently available lilting equipment. RIdg-U-rak is represented by aseloctgroupolmatofialhnndlmgoxports Thoyarefully qualified to help you get the boat storage system best suited to our needs They have the lull support of the Ridg-U-rak home-oflice engineering stall. II you have any unusual storage related problems, chances are they have been encountered elsewhere, and successfully resolved. The upright column used to form the upright frames on Ridg-U-rak Boat Storage Sys tems features a patented lull column length external rolled llange Thts flange adds strength and rigidity to the frame, and provides a mating surface for the stringer hook plate Each upright column is precision punched at 4" intervals Stringerscan be readily adjusted to provide correct cubicle height Each upright frame is welded in jigs to assure dimensional accuracy lor easy erection on your site B Accurately formed stringers are used on all Ridg-U-rak Boat Storage Systems. ThO height of the stringer wanes, depending on the load rating At each stringer end. a flanged hook plate is |ig welded into place. The double hooks fit easily into the pre cision punched slots on the upright columns and readily drop Into place The llange on the hook plate mates with the flanged column to form a deflection resistant joint B The connection formed between the Ridg-U-rak upright column, hooks and hook plate flange resists deflection in any downward or sideways direction. Hand applied pinch pins are placed at each connection to guard against accidentally lifting a stringer Solid plugs ol steel lock the connection against upward thrust Vet they can be instantly removed by hand, lor luturc stringer height ad|ustmenl Precise positioning ol cradles, to accommodate any hull configuration, is easily ac complished with Ridg-U-rak cradle clamps. These accurately formed clamps are fitted to the box stringers They slide easily along the stringer to the desired position, then are locked into place with a nut and bolt connection The cradles are 2 dimension planks set on edge and bolted to the cradle clamp. The planks may be used bare or topped with a carpet covering to protect the hull finish. A Ridg-U-rak Boat Storage System is constructed from relatively few strong, well de signed and precision manufactured components. However, knowing how many of each component, and in what capacities, is a job lor an experienced rack system de signer. The Ridg-U-rak distributor in your area, backed-up with Ridg-U-rak homo of fice engineering, has this experience. Get him involved early in your planning That way you'll gel the right system at the right price. THE ADVANTAGES OF RACK STORAGE MAXIMUM SPACE UTILIZATION The manna owner or boat dealer ot today must realise the groatesi return on his Investment II he is to survive and prosper By any yardstick, ownership ol shore-side prop erty IS expensive. Land costs are high and suitable sites or adjacent larnl lor expansion may be unavailable Prop erty taxes will continue to rise The growing trend toward rack storage rellects the reali zation ol these facts by an increasing number ol boating l.icility operators across the country The almost universal acceptance ot aluminum and fiber glass hulls have helped make rack storage a practical solution to the demand lor increased storage capacity Depending on how your storage space is now ulilizeo, it IS possible to increase your storage capacity many limes your present volume. Contingent on how you structure your storage rates, the increase in storage income can be accurately estimated. Additional income will be realized through Increased ser vice work The more boats in your care, the greater the in come potential. Experienced personnel can be kept occu pied with productive maintenance work Rack storage offers a tremendous advantage in selective boat availa bility. letting you schedule Ihe work load lor maximum utilization ol your repair and maintenance lacilities Having storage space available can also be a major lactor inlluencing Ihe choice ol a boater purchasing a new out- lit This IS especially true in areas where on-lrailer stor age in residenliat areas is illegal or undesirable Rack storage can result in lower insurance rales. A boat in a rack is much saler Irom thelt or damage. You don't have to worry about storms or vandalism. Another angle to winter rack storage involves utilization ol land away Irom shore side The rack can bo installed, iree standing or within a building, at some distance Irom Ihe water where properly generally costs loss to own Boats are transported and stored in the tail, maintenance performed over the non-boating season, and returned to Ihe water when required THE CAPTIVE CUSTOMER The boat owner who * berths" his pride and |oy at your manna IS a source of continuing income Ho requires ser vice on the hull and engine In areas where boats are laid up over Ihe winter months, this service can provide a steady income during these oil months Ho has a continuing need lor new accessories, clothing, and luci When he's ready to replace his present boat, you are most likely to know it, and be in Ihe best position to sell him a now rig And when a friend asks, he's sure to recommend your manna as a good place to do business A RIDG-U-RAK SYSTEM IS VERSATILE There is a Ridg-U-rak Boat Storage System ideally suited to your boat capacity, land availability, environmental and budget requirements A basic one-boat-deep rack can be placed anywhere that access is available Irom one side. Examples include locating at shore side, and adjacent to an existing building allowing room lor bow overhang A two-boat-deep rack is desirable where available space permits access to either side For high trallic mannas, two lilt trucks can service Ihe installation with great speed Your Ridg-U-rak installation may be topped with a tool. or Ihe entire rack installation may be placed within a building Rack height is limited only by Ihe capability of your lilting equipment Be sure to call m your Ridg-U-rak dealer early in the plan ning stage, especially if you are considering an enclosed rack system He can help you make the decisions neces sary to arrive at a boat storage system best suited to your requirements ir. ^m.• ifirnCi *4. ^1^ A* % ■wr.u r KMfesiisw ^&!ib s«( i^’pasipsa r^'^ISSS^Ur - K'iKdpisSv'b';-^m - \ Sf^ Aid? LJ-P m0. Mt I’HI blNttU i«» ‘•i'.:m;^ S i'-i iv COMPAr^v ■'!-•' ■ - > !-‘ SJ. ' V-i 1,-,.1I5 ^1; e/u* L April 12,2001 Orono Planning Commission City of Orono P.O. Box 66 Crystal Bay. MN 55323 Attn: Mike Gaflron Land Use Application #01-2667: Conditional Use Permit for Richard Anderson to increase from 20 - 72 the number customer owned boats stored in dry-stack units. Dear Mr. GafTron, We live at 3160 North Shore Drive. Since we will not be able to attend the Planning Commission Public Hearing on April 16,2001,1 am writing this letter to express our concern regarding granting the Land Use application cited above. First of all, Rich (North shore Marina) has been a very good neighbor. Overall he done an excellent job operating and maintaining North Shore Marina and we w’ant his business to prosper. I lowevcr, we are very concerned that the nearly 4x increase in customer owned boats stored in dry stack units will re»ult in undesirable increases in both automobile traflic in the neigliborhood and boat tiuPiic on Maxwell Bay. These undc*sirable increase's contribute to an increasing concern for the safety of the children in the neighborhood and the potential of reduced property values. As you know, with the two Marinas and two public boat launches on North Shore Drive, traffic during the summer months is already very heavy. Since moving into our home last year, our concern foi the safety of tlie many children (including ours) that live along the stretch of road between Noerenberg Park in the East, and the boat launch on North Arm Bay in the West has grown steadily. Most ears do not obscr\ e the posted 40-mph speed limit, but travel much faster. As a matter of fact, several times cars have passed me despite the fact that this is clearl;/ a highly residential .section of roadway. There are no “Watch for Children” signs anywhere to warn drivers of the children in the neighborhood. It seems ironic that there is a “Watch for Children" sign posted on Bohns Point Road where the speed limit and IratTic are iignificanlly lower, yet none are posted in this section of North Shore Drive. In addition, there arc less residential sections of roadway in the neighborhood where the speed limit is lower! This is a very dangerous stretch of roadw ay. At the current high speed limit and with the lack of warning signs, increasing automobile traffic of any kind not only makes this a more dangerous stretch of roadway, but also could potentially reduce our property values. The two Marinas and two public launches also mean the density of boat traffic and the rdatcd noise, pollution, and wave activity on Maxwell Bay is td ready very hi^. Any increase also contributes to reduced prop^ values. Since the DNR spent millions of tax payer dollars building the very nice boat launches, and the type of boats Rich proposes to store In dry stack are trailerable, we feel they should utilize existing facilities. Thank you. Michael & Donna Wallace 3160 North Shore Drive ,• r