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HomeMy WebLinkAbout10-15-2001 Planning PacketPublic A ttendance Meeting D ate / ^ /S Cl □ C ouncil GO Planning C ommission □ Park C ommission □ Other Please fill out the information requested BELOW for our CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER I.Shau^ 2. n\xt 0 >SSc >'’ \l?i. Vc ^ U iVWv. lAlii' /0'5*Sr T"/ V Q-e-w Lm T<^ l6ii 2^') f\k> /AUuW kU6'64. (i?ftLrz~'tL i\a7t~^________________________________________________ 5. e'- // ( J 4^ ‘ ^•/ ^'/ 6. p 7. ^ cacs\u\e:w 2^S-^‘B(0 (, L/^^-<y4L< i»—♦ C. 'dV'V'—^ ^ ^0 c^K^*>avOl^11. iLVl Li CTJoe-L./vVl^ ~l L-'C- i / ~2 9sz^?r 7 7>7 'i :> / V 7 3 V3 v y 12. t~ t~)SJ t\ ON^fV^ 0‘>)^/l ( 6^:^ > I4j2/-y c S ^ •/ c L V 7^ /-» / 0 Oc* ^ t-0»4u.» t.>T~____________I iv^ (L ^ ^ 15. X:\OMaVAMitairali** SnppwtAtFw— • OM)\fORMS\PtBUC.ATr ORONO PLANNING COMMISSION Monday October 15,2001 6:30 PM 2750 Kelley Parkway - Council Chambers AGENDA Council Representative: Jay Nygard AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the November 12,2001 City Council meeting unless otherwise noted by the Chair. CONSENT AGENDA ^ #01-2719 Jodi and David Dalvey, 1520 Bohn's Point Road, Variance (Staff: Wendy Bottenberg) 5. #01-2721 Walter Holzer, 1130 North Shore Drive West, Variance (Staff: Wendy Bottenberg) ^ #01-2725 Robert Howells, 1423 Park Drive, Variance (Staff: W'endy Bottenberg) OLD BUSINESS #01-2689 Mandeep Sodhi, 4080 Dahl Road, After-The-Fact Variances and Conditional Use Permit (Staff: Paul Weinberger) #01-2711 W'estem Steel Erection, Inc., 2687 Wayzata Boulevard, ConditionalUse Permit, (Staff: Paul Weinberger) #01-2716 Brenshell Development, 2200 Shad>vvood Road, Variances (Staff: Wendy Bottenberg) NEW BUSINESS ^ #01-2707 Robert Eddington and Mark Larson, Hill Street, Vacation (Staff: Wendy Bottenberg) 7 #01-2720 Craig and Bev Miller, 1325 Shoreline Drive, Variance (Staff: Wendy Bottenberg) I A(SjI0U2723 (Saff: P«il We^JS^r"’ ““ *'■”"""* Co-™-'™*!Wan Rev lew nf Corporation with an interest in, 450 Orono Orchard Road, After-The-Fact Vanances (Staff: Paul Weinberger) Wndy «« Nort'' Short Drive, Variance and Conditional Use Pemut (Staff: Paul Weinberger) PLANNING COMMISSION COMMENTS ’’■ 2Sf2T«ob?s“" ">«-i"8a September 16. Other issues for discussion. 17. Planning Commission approval of minutes for September 17,2001 November°[r20m Council meetings on October 22,2001 and ADJOURNMENT •\ / 1 1 MEDINA V 2000 1600 V CiVl '/ •i*tiii L )NG LAKE 1 00 j y i; : 1 »l'2WV > w»^ Cl XT i-x'iuy m i . - •«! ydm rfr l1200 HTSEiN? iSif^' li «hZ-ftC O'HiSi .BEACI >n Iu\ m \mMi / 4400 g 4000 Q S«^*^ 3»0 g 2600 p ^ity of Orono, Minnesota Itreet Numbering Index Map laa£ h rcrcM>A •0«LM« 2400 2000 1600 y 1200 600 400 LJHsiS ■400 •800 north mm acviscD* V UM ^IMI tCPV. f, IffO f.9M M IO.Utt M «. ISf 1 AIM. f,lfM •ue. it.Mt e. it»>ALA iMB 18. ItVS OKONO PLANNING COMMISSION Monday October IS, 2001 6:30 PM 2750 Kclicy Parkway - Council Chambers AGENDA Council Rcprcscnialivc: Jay Nygonl AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission b an advisory body to the City Council. If action b taken on any items on thb agenda, they will be scheduled for the November 12,2001 City Council meeting unless otherwise noted by the Chair. CONSENT AGENDA 1. #01-2719 Jodi and David Daivcy, 1520 Bolin's Point Road, Variance (StalT. Wendy Oottenberg) Map E*7 2. #01*2721 Walter Holder, 1130 North Shore Drive West, Variance (StafT: Wendy Bottenberg) Map A-6 3. #01*2725 Robert Howells. 1423 Park Drive, Variance (StafT: Wendy Bottenberg) Map B-7 OLD BUSINESS 4. #01*2689 Mandeep Sodhi. 4080 Dahl Road. After Thc-Facl Variances and Conditional Use Permit (SfafT: Paul Weinberger) Map D*6 5. #01-2711 Western Steel Erection. Inc., 2687 Wayrata Boulevard. CondiiionalUsc Permit. (Staff: Paul Weinberger) Map F-2 6. #01*2716 Drcnshcll Development, 2200 Shad)ivood Road. Variances (Staff: Wendy Bottenberg) Map C-8 NEW BUSINESS 7. #01*2707 Robert Eddington and Mark Larson. Hill Street. Vacation (Staff: Wendy Bottenberg) Map D-4 8. #01*2720 Craig and Bev Miller. 1325 Shoreline Drive. Variance (Staff: Wendy Bottenberg) Map 1*5 Q. #01*2722 Michael and Monica Brown. 1241 Drown Road South. Variances (Staff: Paul Weinberger) Map G-7 10. #01*2723 Mark Brewer, 3800 Shoreline Drive. Commercial Site Plan Review (Staff: Paul Weinberger) Map C*9 11. #01-2724 Michelle and David Timp. 1000 Wildb arst Trail, Conditional Use Permit (Staff: Wendy Bottenberg) Map B*6 12. #01*2726 Ero’as Building Corporation with an interest in, 450 Orono Orchard Road, Aftcr-Thc Facl Variances (Staff: Paul Weinberger) Map 1-5 13. #01-2727 Mary and Joe King, 142 Chevy Chase Drive. Variances (Staff: Wendy Bottenberg) Map L-3 14. #01-2728 William and Laura Stoddard. 4365 North Shore Drive. Variance and Conditional Use Permit (Staff: Paul Weinberger) Map B*7 PLANNING COMMISSION COMMENTS 15. Report of Planning Commission representatives attending Council meetings September 24.2001 and October 8.2001. 16. OUki issues for discussion. 17. Planning Commission approval of minutes for September 17,2001. 18. Selection of representatives for City Council meetings on October 22.2001 and November 13.2001. AIMOt'RNMFNT TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 12, 2001 SUBJECT:#01-2719 Jodi and David Dalvey 1520 Bohn’s Point Road Variance -- Public Hearing Zoning Dbtrict: Lot Area: List of Exhibits A Application Site Plan/Survey Elevations/Floor Plans Hardcover Calculations Adjacent Neighbors Letter City Council Minutes- 9/12/1988 Photos of Property Location Map Property Map Property Owner ’s List LR-IB One Family Lakeshore Residential District (I acre) 36,753 s.f. (.84 acres) B C D E F G H 1 J Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 102 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory Buildings): No accessor)' buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. Application Summary: The applicants own the subject property and are requesting a lot width variance and an accessory building variance to construct a new residence on the lot. A lot width variance is required due to the lot being 102' wide where 140' is required in the LR-IB zoning district. The lot is appro.\imately .84 acres and the minimum lot area requirement is 1 acre. A lot area variance is not required to construct a new residence, because the lot meets 80% of the required area per Section 10.24, Subdivision 5(B). An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (pump house-shed) in the 0-75' setback area, that will be located on the property without a primary structure. The applicants have submitted building plans for a new residence and the shed is proposed to remain. HO I-2719 Jodi and David Dalvey 1520 Bohn 5 Point Road Variance 10/12/200! Page I I i . I In addition, not indicated on the survey, is a barbeque cooker on the property located in the 0-75’ setback area. The cooker is in good condition and the owners would like it to remain. The pump­ house shed and barbeque cooker are a combined hardcover of 392 s.f. (5.04%) in the 0-75' setback area. In 1988, the previous owners were approved for an after-the-fact lakeside deck. A condition of the approval was to remove part of the pump house and 158 s.f. of the patio in front of the cooker and other hardcover in the 75-250' setback area. While removing hardcover the applicant ’s son removed more hardcover than was necessary in the 75-250’ setback zone. The owner then went back to the City Council wanting to amend the hardcover allowance on the property and was granted approval to keep the cooker and pump house on the property and at their original size. (392 s.f. or 5.04%) (Exhibit F). The detached garage on the street side of the property does indicate a bathroom with plumbing. When start'met with the builder and o^\•ner it was stated that the bathroom would be roughed in at construction time and at a later date if/when the owner wishes to put in the bathroom a conditional use permit will be applied for. An average lakeshore setback variance is not required in this application because the proposed residence is behind the setback line measured from the second story deck (considered structure) on the adjacent property to the north and the comer of the residence on the adjacent property to the south. Statement of Hardship ; This is an existing lot which was platted prior to current zoning standards. lames for Consideration; 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The pump-house shed and barbeque cooker are in go d structural condition. 4. The proposal meets requirements for structural lot coverage and yard setbacks. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. no I-2719 Jodi and David Dalvey 1520 Bohn's Point Road Variances Lot Criteria ANALYSIS LR-IB Lot Area Lot Width Required I Acre 140' Actual .84 Acres (No variance needed)102' Hardcover Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'7,765 s.f.0 s.f. (0%) 392 s.f. (5.04%) 392 s.f. (5.04%) 75-250'18,il7s.f.4,529.25 (25%) 5,126 s.f. (29.3%) 4,380 s.f. (24.18%) 250-500'10,871 s.f.3,261.3 s.f. (30%) 3,820 s.f. (35%) 3,254 s.f. (29.93%) Structural Coverage Total Lot Size Total Structural Coverage Percentage 36,753 s.f.Existing: 3,022 s.f. Proposed: 4.261 s.f. 8.2% 11.6% CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee 4.250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures S250.00 After-the-Fact Fees (Double application fee) Applicatioii # 2.7 Date ReceKeJ" Amount Paid PROPERTY INFORMATION Site Address S /®oIa/T Property Identifrcation Number (P.I.D.) Attach legal description to application if not included on required survey. Date Props^ty Acquired, lud lA I (do) <^>jioj) also own the adjacent parcels of land. Present use of property: ___presidential ___pother (specify). Zoning District:__________________ .(month/year) APPLICANT Name To^\ A DAVto Address:______ City: Phone (home) - <4 7 / - ^ *77^ Phone (work) _______________Zip:__________ OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost S ___________________________ (attach additional sheets if necessar>) VARIANCES REQUIRED Lot Area Lot Width Hardcover .Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ccr* a/ot*______ e~o y ht%T^tc.T, (attach additional sheets if necessary) r» j n It lO <f j. a %% f A i f, ii ? ■ i 1 REQUIRED SUBMITTALS !^"l *^!!!^!?.!'■*!!!!!* "»“»* >>« ^nhmitlnl hv H., i.nnli..,tio„ I-ffiLflgr for V9Wr aPDlkatlOn to he con«ideretl rnn,p|etg: ■ ■ ---"v m 1 9 / *> J y 5, 6, 7, 8. Completed Application Form Certified Prope^ Owners List of owners within 150 ’, labels and plat map (you must this list, labels and map from Hennepin County Department of Finance, A-603. Govt Center, 348-5910). P-^mem oi Srnll^n^ suneyor) and include i.trdcover calculations as required. In addition, provide one (1) copy SVi ” x U" for Topographic survey (existing and proposed elevations) if ary changes in e.xisting / proposed. In addition, provide one (1) copy 8'/V ’ .< II" for reproduction y Sketches or plans of floor & elevation views (provide one (1) copy S'A" x 11") ~ fo^Dmoel ^ interest infoe Propeijr. This would include name(s) of applicant(s) i.'not current owner(s). — As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ^ — Additional items as may be requested by City staff. J The Applicant and Property Ormer most sign this application. Please .ememher that v,or yarihntt aDDUCatlOn is not comnl..tP ir tl.. jibove informatmn has nnr ‘ - - APPLICANT’S SIGNATURE The applic^t hereby agrees to provide all infomtation required or requested by the Zoning Admtntstrator agrees to pay additional fees (staff time not covered by original fee paZZ) and/or consultant expenses incurred in review of this application, and certifies ^tliat the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signature n OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and forfoer authorizes reasonable 2s:brforpq::^^i„?^^^^^^^ councn Owner’s Signature Date V y y ..a'S • J • I I >,av>ai. k V v' '• . if - 1 f 1 , ;: if i-. 'j I I I: ./Vi\.x •.,( '•4:4 ^ • f /• . * • • •) ) V l\ •It CD CD liMRMflP m. » te • Mi* ^ k • • * a^***. —> ua___Of. Mdiri tm MM mmimant • W. to k • to.. oirt______ 9AU___OL ■^riin'iii ft I r ^ «AtWJ^i^toCb**.\2toir.>krAiftA/laa Mi^iii r O r-;:’'vl .7 ly m »Hiin cn Jet— _» tfMtlMTMaii auMtJU»». t ^ mmmmejma mrnm • IM ta.i«»«ka • I .<^1 ■>■■<■ ........ itiftiiiiAiili'iJiriiii uliiiniiiri flrttufiiliiiiilttMMmfiHli tmt h~ l■ll>^ I JiMtoMi I itiian-JTii iiira ■■'■lariiTh iJaiAtiUliilAiia HARDCOVERXALCULA'liOM WUKKaillLbl SETBACK ZONE: (CIRCLE ONE) C0~7S9 75-250* 250-500*500-1000* /0~ 2-a, P EVISTIXG HAttDCQ^T:R IN ZONE A. Home . • _____________ * •Lcnsih B. Oanse * C: Driveway D. Sidewalk Ee Pitio/Deck X X X BV/Fl pr Ptbric O. Other ioic^ X X X X X X X X X TOTAL HARDCOVER IN ZONE TOT.^L PROPERTY AREA IN ZONE A* ____________ ^ B _ PROPOSED HARDCOVTR IN ZONE A. House ____________ Lcnfii) B. Cange C. Driveway D. Sidewalk m E. Ptilo/Deck X X X X X X X X X X X X O. Other (o.a TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A * B Width X 100 - PfISL TilVW'isWsn. Width R4n 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.t e « S.F. S.F. S.F. S.F. A ,S.F. •• * S.F. S.F. [S.F. S.F. S.F. >.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. *.P. A B • • » 4'" .'d4^ a 100 - .Ito • p: s.f.“ a />^lU6Y HARDCOVER CALCtLA'iiUiN WUKAMltlS.1 SETBACK ZONE: (CIRCLE ONE) 0.75’ EXISTING HARDCQNTR IN ZONE A. House • ______ X Length X X X B. Garage ■ C. ’ Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B PROPOSED HARDCOVER IN ZONE A. House Length X X X X B. Garage C. Driveway X X D. Sidewalk jroop X X E. Paiio/Pirif ^ UJAl^S X X F. Landscape Underlain By Plastic Or Fabric X X X C* Other ^^ C4/Ja TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :________ - + B . 250-500'500-1000' Z- o/ Widih X too Widitl X 100 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. • « 4 S.F. S.F. S.F. S.F. ?0 39 0/ S.F. •• « S.F. S.F. S.F. S.F. S.F. S.F. /7tf S.F. 2Jt 7 S.F. /tf/ All S.F. S.F. S.F. S.Fi . S.F. S.F. Vigo S.F. A B /S. // 7 S.F. A B * • ^ HARDCOVER CALCULAllUiM WOKKMm.fcl SETBACK ZONE: (CIRCLE ONE) 0-75’ 75-250’500-1000' EXISTING HARDCO\TR IN ZONE A. House • ____ X Length X X X B. Caraje * C«* Driveway X X D. Sidewalk X X E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER "IN ZONE TOTAL PROPERTY AREA IN ZONE A-____________B PROPOSED HARDCOVER IN ZONE A. House Lcnfih X X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_____________ + B . S.F. WMib S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. » 4e c • S.F. X 100 S.F. S.F. % S.F. Width • • ^ S.F. S.F. S.F. 7 So S.F. S.F. S.F. 7^ S.F. 3o S.F. S.F. S.F. S.F. S.F. . S.F. S.F. f- /y-P/ A B X 100 - JZi'VS.F.' yc. p7/ S.P. % A B aisia • » -_L j September 10,2001 David & Jodi DalvQr 3230 Bohns Point Lane Wayzata, MN SS391 RE; 1 S20 Bohns Point Road - Variance AppIkatk)o(s) Dear Jodi & David; We understand that you are applying for several variances in connection with your potential construction at 1S20 Bolms Point Road. You have shown us a survqr dated 2-22-01 from Coffin Sc Granburg which shows the locatioo of a new bouse on the site of tik old house. With reference to that drawing which will be included along with this letter in a Request for Variance Application submitted to the City of Orono on September 18, 2001, we agree to support your request for the following two variances. MINIMUM LOT WIDTH: We understand the City of Orono requires a minimum lot width of 144 feet and that your lot is only too feet wide and consequently you are requesting a variance from the City of Orono. Without a variance, you cannot build on the lot per City of Orono statutes. We agree to and support your request for a variance so that you may build on the lot MINIMUM SETBACK REQUIREMENT: We understand the City of Orono has a setback requirement which prevents the construction of any foundation or hardcover (patios, decks, etc.) to the East of a straight line drawn between the easternmost point of the foundatioo/hardcover of the house at ISOO Bohns Point Road and the easternmost point of the house at 1540 Bohns Point Road. We understand that you intend to position the proposed new house further from Lake Minnetonka from where the existing house foundation currently shs, but ahead of the straight line between the two neighboring homes. Without a variance, you would need to move the bouse away from the lake another IS to 20 fed to compty. This distance does not impact our view of the lake and because the new house will be further back, actually would improve our view if we had such a concern. We agree to and ■apport your request for a variance to that you may position your bouse as ahowa on the survey phaa. You agree to use your best effort to keep us apprised of any future changes, which may impact our properties and further agree to share your current she plan survey drawings with us in the future should we so request. Signed:9-/0-O1 Richard and MJ Hauser IS40 Bohns Point Road Wayzata, Minnesota 55391 (952)471*9552 Gene and Barbara Johnson 1 500 Bohns Point Road Wayzata, Minnesota 55391 (952)471-7699 1 • Vf ■ M ■ ', .=-1 V ;'4 * ^ .r^i P’',rl-a^¥4*^.;^.. - m > • *K ' • *'’'<« L:^ -,v a 4^'vr »* V ■•> ■ %' -< •. *% ■'•'.s'' ;? ■ 5. '•■s,' V* ■ A\ •"■f .: '''^.C^-'j >> .'.S^ ____Lj_i: V ■' ..• r>s.v ■ fi^ii! i^^pf ' t‘S-'i ■•■'3 V 7, m StX- -. ' ttl HP Ly / > / ..' V / 1mm -K'-' j:-- < ■Kf5‘P iiu '. -* V ■■'. ^.. -i .*l» «A*4 . 1*.^^^* *,V» ^.i ! J-; K^/;' ^ <MC» jI * * ^r -:, y v-:!^ ... ■ • '-tj - N . ,V <» V > - *" V ! ‘■r^-.i* ^ i. r ^' f * m ^s w \ .'•; M' 1 . r#- j vl ■ I messsis ' '- ‘sy'^y, 1 *12*!!* G '• i ! ■G'G7 - ‘.Gv f'y/j Y'j ..V >■ ^ 'V iHMIlii . .. f -.-'• •. • -r "• ■• * “ i ■. r Jr.- •.-•■--raisaiii l*g^Egi=g^5^y^-ia.-^rTi - t. ' rG-V -K s«S?eic' 1 t.lATS I tM lOMIMIT ^ 'V. :-'i >XNo«f «“*»;» 'Gtrdeo ^ ■ttkfl ............. Une mini 400 • • MMIOOX WAT ORONC^ 4»«e NO • >r.T hioxwell. 'f -.T *» v • V'- i: i 1 -i; Bay ' J \V"\* •• ‘ * *9^... mWCM lAKI A9 WcO <44^.- ^ .ftl Lake - '6XT£' \ [|SV. ystal ad ;• Crystal Bay Bay f A Mll% ORONQ* l«ti 1600 Smith B jy Bn r\n Ltfayeti i Country C ub / y'• V I yy • • - • • * » * • * * **’ •••*;* *'• * *• • • RUN DATE AR/l^^/ti BATCH 5#S NCNNEPIN COUNTY fROfERTV INfORNATlON SVSTEN PROPERTY OWNERS LIST REPORT NO. PI^SMil PACE B PROP ADDR OWNER NANE TANPAYER NAHE/ADDR SB 0B-I17-2S M BBli BS225 BOHNS POINT LA HIV SWEAT! HENRY L SWEATY C/0 LOWRY HILL RB 7TH ST S BSSBB NPLS NN 55RB2 SB BB-117-2S M BOIB B1535 BOHNS POINT RD RICHARD A BORN RICHARD A BORN 15SS BOHNS POINT RD ORONO HN 5SSR1 SB BR-1I7-2S SS BBB4 BIABB BOHNS POINT RD CHLOE HELD HORAN CNLOE HELD HORAN IRBB BOHNS POINT RD WAYZATA HN 5SSR1 PROP ADDR OWNER NAf« TAXPAYER NAHE/AOOR SB BR-117-2S SS BBBS BISB# BOHNS POINT RD BARBARA B JOHNSON TRUSTEE EUGENE B BARBARA JOHNSON I5BB BOHNS POINT RD WAYZATA HN 555R1 SB BR-I17-2S SS BBB4 B152B BOHNS POINT RD J A DALVEY B D P DALVEY DAVID A B JODI F DALVEY 1520 BOHNS POINT RD WAYZATA HN 5SS01 SB B0-II7-2S SS 0007 01540 BOHNS POINT RD HARY JANE HAUSER HARY JANE HAUSER 1540 BOHNS POINT RD WAYZATA HN 55S4I PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR TOTAL BATCH SOS 00004 % I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFMHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF. DATE C\ TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner Octob«*r 12, 2001 SUBJECT:#01-2721 Walter Holzer 1130 North Shore Drive West Variance -• Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (I acre) 36.458 s.f. (.848 acres) List of Exhibits A Application Site Plan/Survey Elevation V'iew Floor Plans Hardcover Calculations Location Map Property Map Property Owner ’s List B C D E F G H Pertinent Code Section: 1. Section 10.24. Subdivision 5 (B): Lot Width: The lot is 100 feet wide where 140 feet is the mininiuni lot width for the LR-IB zoning district for new construction. 2. Section 10.03, Subdivision 9: (Acce.s.sory Buildings); No accessory' buildings or structure shall be constructed on any lot prior to the time of constniction of the principal building to which it is accessory. Application Summary’: The applicant owns the subject property and is requesting a lot width variance and an accessory’ building variance to construct a new residence on the lot. The e.xisting residence was constructed in 1920 and the accessory buildings will remain. A lot width variance is required due to the lot being 100 feet wide where 140 ’ is required in the LR- 1B zoning district. An accessory building variance is required because Orono zoning code does not permit accessory buildings on a property without a principal structure. Currently there are two e.xisting accessory buildings (detached garage - 30.2’ 30.8 ’ and a shed - 12.2' x 30.2’) which will be located on the property without a primary’ structure. A variance was granted in 1997 to allow the detached garage to be constructed on the property and a pennit was issued in 1999 for the shed. The applicants have submitted building plans for a new residence and the two accessory buildings will remain. HOI-2721 Walter Holzir 1130 North Shore Drive W yariances 10/12/2001 Page I The applicants survey does not indicate the 1 ,000' setback from Jennings Bay. However, staff has estimated that the existing principal structure is entirely within the 1,000 ’ setback area. The accessory buildings are not located within the 1,000' setback area. Hardcover is not an issue with this application. Statement of Hardship; This is an existing lot which was platted prior to current zoning standards. Variance approval was granted and permits issued for the accessory buildings on the property. Issues for Consideration; 1 . The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The detached accessory buildings are permitted and in good structural cotiditiun. 4. The proposed residence meets all setback, hardcover and structural lot coverage requirements for new construction. 5. Other issues raised by the Planning Commission. Staff Recommendation! Staff recommends approval of the requested variances. UOI-2721 Waller Hoher 1130 North Shore Drive Varlances 10/12/2001 Page 2 ANALYSIS LR-IB Lot Area Lot Width Required 1 Acre (80%=0.8 Acre)140' Actual .84 Acre (No Variance needed)100' Structural Coverage ; Total Lot Size Total Structural Coverage 36.919 s.f. (.84 acres)Allowed: 5,468.7 s.L Existing: 2,157.6 s.f. Proposed: 4,816 s.f (Including acc.bldgs) Hardcover Caiculatious; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000'16.250 s.f 5687.5 s.f (35%) 859.6 s.f 3,518 s.f (21.34%) •A 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 non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # Itate ReceivcT~v/f f/e/ Amount Paid S 2.SO PROPERTY INFORMATION Site Address ilio (TJorIX ir. 11 >rYvv^ll^A^ Yw»\. Property Identification Number (P.I.D.) ZZ ___________ Attach legal description to application if not included on required survey. Date Property Acquired :Viv\ \Ctai^________________________(month/year) I (do) tdo noB also own the adjacent parcels of land.' ' ' ■ I ^ r Present use of property: X residential Zoning District: L I p_________ other (specify) APPLICANT Name u LTtf fl- iVA? ^ Address: ir?0 nV^r-Ui-sW.rg. /^. City:_ 0>VNER (if different than applicant) Name Phone (home) Phone (work) J fWAc._______ W\£kyif\A _____Zip: Phone (home). Phone (%vork)_ Address:City:.Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $||^ Describe request in detail: v\c;csf___________________ ' /1 '• >'rh'ti >'■ I • *'/ rr (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area X Lot Width Setback:Front Side Hardcover Rear Lot Coveraae Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UTS'USUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________________________________ REQUIRED SUBIVUTTALS All,of the follOMfing Inforniation mu«t be submitted by the anniication deadlin* date in order for vour application to he mndJereH 1 2, 4. 5. 6. 7. 8. Completed Application Form Certified Prope^ Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-60ft Govt Cen»f,*f48-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Topographic survey (existing and prop sed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy B'A" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy BVi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to thir application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff The^ Applicant and Property Owner must sign this application. Please remember that vour variants application i? not tomnitfe if the above informatio n has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to tlw^st of his/her knowledge. Applicant's Signature Date OWNER’S SIGNATURE The owner hereby acknowledps and agrees to this application and further authorizes reasonable entry onto the property by City staff, consult^, agents. Commission members, and Council members for purposes of investigation a5d>«ification of this request. Owner ’s Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. J * .^ *I • . existing . HOUSE // • 1120 // / / icr9.4 E xisting I 1051.7 t62i.T7Q25^ 10278 1C279 (f031^ 1023 5 rit*29 4 1C28 8 10285 »029 3 1C29 9 ' 1029 5 g 20 00 of 1033 5 D R : V E «o . __ _ WAY I- t Q 0 * Si'12335 - 1 5 g 1'5\i0J2 0 S^2\ - .^«n'- -V 9. «5®»!LANDSCAPE BLOCK \ 1030 6 I 10304 / 1033 3 5 S^''1033.1 1030 4/i;:; t POND t landscaped A k CA ^ ^1032.8 '1032 6 1032.9\ 1033 2 1033 0-^ 1032.9 IC32 6 1032 5 FOaER pole 103£ 6 1033 2 ■ 02? 5 IQ30^ a.* ^<y(K?31^ 49 77 74^ 1 I "^^028 3 a I 9 IFQvER pC lE ^ I 1C28 7 *029 8 --364 46-- S 88*09 38- E 1030.5 1031.1 1031.5 1032 1 I-----------359----------------^ —SCw*H L !NE 3* *Nv l'^4 --396 5— N 88*09'38' V N NOTE' BENCHMARK' INVERT C" MANHOLE AT TONKAVIEV lane t NORTH SHORE DR ELEVATION » :00817 Tho? port of"the 1/2 of the N.V l/*i of Section 7. Township It7. Ronge 23 V;est c? ttie Tilth Pfincipoi Wefi.jicn desc'ioed cs* foKows: Commencing ol the No't.hwesi corner of so!d Section; thence Eostefiy c‘orq tiortnerty t»ne wereof 0 d*otonce of 402.5 feet; thence Southerly o d*stonce of 2,124.4 feet 0'0'‘q the North or«3 Sooth line thot w.n Intersect the tost ond v/est Ooorter Section line Of so.d Sec'.jjn 7, 3965 feel Eost of the West Ooorter post of solo Section 7 which shell be the po'n* of be? nn.ng,' trence co't noing Southerly dong soiO lir-.e o distonce of 100 feel; thence Westerly end • pcri-tiiei with the .Northerly line of sdo Section to the Westerly lire of sold Section; thence North- l::t area « 36,458 son. aienc SC*0 Westerly line to thf intersection mith o line crown from the point of beginning Po^Miiei i\^:th tne Norm line of so«’d Section; thence Eosl oiong poroiiei l^ne to the point of beginning. occf^f^ir,g tc me U.S. Government Survey thereof. Hennepin County. Minnesolo. lyi FRONT ELEVATION 5CAU. ^ (! 1 o D •. r -.I J D R4RDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONg A. House ______________ X 75-250’250-500' ,^00-1000’^ Length Width B. Garage C. Driveway D. Sidewalk E. PatioDeck X X X AO SO 2^ ^OO F. Landscape 2^5" Underlain ________ By Plastic ________ X X X X X X X X X G. Other 2iO 2D. A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ______________ ^ B •____ _________________ ♦ B PROPOSED HARDCOVEft IN A. House AS ZONE 2k Length 21XJL X X X Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other 3^ 2L X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ B 1 b'ld? X 100 X 100 X 100 - yv** 2 / 'J i'J uo 05- tGO an Ci2k ^50 3I foO 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. 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. S.F. ___ST. ^1.20A % A B A B 4C0 ‘ • • CHIffCWA U m mis INO cm SCHRSTIIII 0 ■ -Hi- /iSS!LEli^^--..s ■)EAST unsr ’ • . * •• \\ 3 tiibbs \ ^ J • 1 j HEP OAX Course ; iSTWAWCMAO • X.32 eco Nort i S Ifc'^i ■, W1» . Ji'r Course % ^OAHL WO / 1 ■ I Jennings Bay ^^5 Forest A. .f Arm WoodUmd:. , fotu .svT / f \ 1- ^ ^ Skogsberg Point § g \ I* ORONO Arm / Cry. ii *• 'A"Shadm^Pt ,.V '(_MMiLJu3Aj e Hennepin County Taxpayer Services Departni^nji jisit 1 PARK a P)a n Pi 1 P)a (29) MJNNETONKA" aa /______________420 VIEW AVE so ; 9reAsr n ¥¥fsr f 90 4t92 ^ >E PAProPiori'll (13)(12) h 7 3 210 /3 11 420 > •% I : \ \r 'Kx. - *:'5 vl^^' ilI-y 7 • •A —^f ^ *=^.- P1 Parcel Information Parcel ID 0711723230006 Nous# Number 1130 Street Name NORTH SHORE DR W Cendomlnlum TMs Is not • hgslly ncordod map. U npraaants a compilation of kitbnnation and data tiom City, County, and &^a nad authoritias and othar aourcaa. mm DUE •8/so/fti BUCH SBI HENNEPIN COUNTY PBOPEBTY INTORHATION SVSTEN PROPEKfV OMNERS LIST REPORT NO. PIBSSBBI PACE 1 PROP AODR OWNER NAHC TAXPAYER NAItE/ADDR S4 12-117-24 14 •117B CO RD NO 14 SWEDISH EVAN PAIRVIEW COVENANT CHURCH 117S COUNTY RD 14 NOUMI HN 55S44 S4 12-117-24 14 ••14 •114S CO RD NO 14 r I S ROYLE PRED C B SHIRLEY J ROYLE 114S CO RD NO 14 Homo HN SSS44 SB B7-117-2S 2S BSSB •!!•• NORTH SHORE DR W BRIAN E PETERSON BRIAN B HARNIE PETERSON !!•• NORTH SHORE DR W HOUND HN SS344 PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR SB B7-117-2S 2S •••$ •112B NORTH SHORE DR H JAY ALLEN LEZER JAY A L^ZER 1124 NORTH SHORE DR WEST HOUND HN 55S44 SB •7-117-2S 2S BOBB •11S4 NORTH SHORE DR W WALTER HOLZER ET AL WALTER NOLZER USB NORTH SHORE Dt W HN SSS44 SB •7-I17-2S 2S BBB7 •••SB ADDRESS UNASSICNED PAIRVIEW COVENANT CH PAIRVIEW COVENANT CHURCH 117S COUNTY RD 14 HN BSS44 PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR SB 07-117-23 23 OOIS •4740 TONKAVIEW LA PAIRVIEW COVENANT CHURCH PAIRVIEW COVENANT CHURCH 1175 CO RD 14 NOUND HN 55S44 SB •7-117-23 23 0024 •••SB ADDRESS PEN01N6 HENNEPIN PORFEITED LAND CITY OP ORONO 2750 KELLEY PKWY P 0 BOX 44 CRYSTAL BAY HN 55S2S TOTAL BATCH 501 ••••B ‘ <7 . IJ 1 CERTIFY THAT THE FACTS RCPRESEHTCO ARC AN ACCURATE AND TRUE RCFRCSENTATION OF INFORHATION AS IT AFFEARS THIS DATE ON THE RECORDS Of THE HCNNCFIN COUNTY DCFARTHCNT OF FROfMtTY TAMATION, TO THE ICST o \i'J OF NY KNOWLEDGE AND BELIEF. DATE 1 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg. Zoning Administrator/Planner October 12,2001 SUBJECT: #01-2725 Rob Howells 1423 Park Drive Variance - Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 37,479 s.l' (.86 acres) List of Exhibits A Application B Survey C Applicants letter (Detached garage) D Floor Plans/Elevation Views E Hardcover Calculations F Location Map G Property Map H Property Owner's List Pertinent Code Section: 1. Section 10.24. Subdivision 5 (B): Lot Width: The lot is 101* wide at the shoreline and 106' wide at the 75 setback where 140' is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.03. Subdivision 9: (Accessors' Buildings): No accessorv' buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessor). Application Summary: 1 he applicants are icquesting a lot width variance to construct a new residence on the lot. The e.xisting residence that was constructed in 1956 will be removed. A demolition permit had not yet been obtained as of this writing. A lot width variance is required due to the lot being lOT wide where 140' is required in the LR-IB zoning district. The lot is approximately .86 acres and the minimum lot area requirement is 1 acre. A lot area variance is not required to construct a new residence, because the lot meets 80% of the required area per Section 10.24, Subdivision 5(B). ttOI-r:5 Rob HoMelh N2S Park Dn\w I'ariance 1012 2001 Page I An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage) in the 250-500 ’ setback area, that will be located on the property without a primary structure. The applicants have submitted building plans for a new residence and the detached garage will remain. (Also applicants letter-E.\hibit C). The applicant did provide a drainage plan. The plan was forwarded to the City engineer for comments. As of writing this report comments have not yet been received. This lot is a lakeshore lot and is sewered. Statement of Hardship; This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: I. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The proposal meets requirements for structural lot coverage, hardcover requirements and yard setbacks. 4. The detached garage is in good structural condition, and is nearly conforming in location, just 0.4' short of meeting the required 10* side setback. 5. Other issues raised by the Plaiming Commission. Staff Recommendation; Staff recommends approval of the lot width variance and the variance to allow the existing detached garage to remain. To obtain a building permit the new residence must meet all setbacks, hardcover and structural lot coverage requirements. MI-2725 Rob Howells 1423 Park Drive Variance I a '12/2001 Page 2 '-i-V.4-Jlv ANALYSIS WORKSHEET LR-IB Lot Area Lot Width Required 1 Acre 140' Actual .84 Acres lor Hardcover Calculations Distance from shoreline Total area in setback Allowed hardcover Proposed hardcover 0-75 ’7,616 s.f.0 s.f. (0%) 0 s.f. (0%) 75-250 ’20,345 s.f.5,086.25 (25%) 4,026 s.f. (19.79%) 250-500 ’9,518 s.f.2,855.4 s.f. (30%) 2,807s.f. (29.49%) Structural Coverage Total Lot Size Total Structural Coverage Percentage 37,479 s.f Proposed: 4,193 s.f 11.2% tf^rihTir—nr I m A CITY OF ORONO - VARIANCE APPL1CA1 ION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Appbcatioa # I^te Receivcd~~^//»/»/ Amount Paid J'2sXi PROPERTY INFORMATION^ Site Address /i^3l3 FAfiit ^ Property Identification Number (P.l.D.) Attach legal description to application if not included on required survey. Date Property Acquired / ^S'C»__________________________ I (do) also own the adjacent parcels of land. .(month/year) Present use of property: X residential Zoning District:. other (specify). Name iis7 Xu m 2^ APPLICAN Name ^___r—- - .......... Address: ~Xu' jj7 Phone (home) ^ ^ ____ Phone (w|3rk) 7^? City: ZvvSS^jfA OWNER (ifj)ifferent than applicant) Name Address: Phone (home) ^SSL ____ Phone (work)_________________ City: Zip: <jTV I izA'QerH fiitif) fjou> ^'LU DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:________________________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:___________________________________ (attach additional sheets if necessary) Ci#2' T FOREST LAKE •29.4 CONTOUR LtC ^sy^ ■' A *' '' ' ' V .' \ ^a ' \ c * \ii^ \ 9S4 ' \ ROB HOWELLS OF LOTS 4 & 5. BLOCK 15, SAGA HILL REVISED IN ADJACENT VACATED LAFAYETTE AVENUE AND IN VACATED FOREST BOULEVARD HENNEPIN COUNTY, MINNESOTA (ML«) / /~"'W“: :4 (MMl ✓ . 3 tUktWC I__,(io a^^jiCMOvto ' EXISTMC HOUSE \ EXISTMC HOUSE \ j s \>UiC' » \V' J \\ I R=20.00 I '' A=2r2V 21" L=7.45 / irCAL DCSCRIPTION or PREMISES : / i?irthol^Jort‘orioc^ed7”est eiulSvoI'd'iS^dediciled'in lhe*?Mt of "Sogo Hi 11 Revised Hennepin wiifh li« SUween ?he North..esterly eKlensions ocross it of the Nor theoster ly line of Lot 4. Block 15. Sogo H. 11 Revised. Hent)opin County. Minncooto" ond Iho Southwesterly line of sold Lot 5. denotes iron morker (904.6) 0 C4fsC( z Ti* .vAs.-# - z ^Co.O CjiUCrCO OCCKtO HC VISION I denotes existing spot elevotion. meon seo level dotim denotes existing contour line, mean seo level dotim _ ^ *• yr €^f 4j *’ Bearings shown ore bosed upon on ossimed dotim This survey intends to show the boundories of the obove described propert>. the '°cotion of on existing hoise ond Jorog^ ond the proposed locotion of o proposed house thereon. It does not purport to show any other irrprovements or encroachments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I K.«cer ttFif r ikai ins plan , spcctcaiok oe ww? WAS PNCPANCO by IC on UmM BY CMCT SUPCltVlSttN M THAT I Ay A omv ICCNSCO PHOrCSSXMAL CNCMUR AlO IAK> tHYCYOl um tic iAAtS tfBC StATC cr IMCSOIA. 0A1C 0CSCM>T«N AflDfOMi W49I1 fUl ICrOCAAMV GRONBERG k ASSOCIATES, INC. •CONSILIMG OCKCR^ INC MVtYOK. 91t RMtCK 445 N. WLLOW Ofl LONG LAKE. MN. 55356 952-473-4141 SCA4.C 1--W OATC 8-17-01 JOB NO 01-325 ift USMU RC\ASON 1 DRAWN ECO MSG 01-325 c October 8.2001 Mr. Paul Weirtberger/Orono Chy PiMmng Conmrission CityofOrono P.O. Box 66 CiysUlBay, MN 55323 Dear Mr. Weinberger and Planning Conorassion. In accordance with Mr. Weinberger’s memo dated September 27,2WI. I providing a written statement requesting qrproval to maintain the existing detached garage in conjunction with our plans for new construction on the property located at 1423 Park Drive, Mound, hdN. 55364. The current two-car garage is structurally sound and will be painted to blend in with the exterior of the new dwelling. Thank you in advance for considering this request to maintain the existing detached garage u plans are approved for new construction. Please reference Zoning Application IK) I-2725. -S OOA/ r HZ.V 5ft.PT. '■■Paac .u ». l9o/a PT - : »lyiy s 7^3 sO*-r *//i> ....(y:j^cir, Vj.'kCC'' (iz^j//*. —• • » - •« •»-»•- •.« • •I «•. « I. . ...• 3(^ntp iAp^ovc^ ••• • • •• .' i• • *......... ....... • • . . . * • I • ♦••• • ( . > -V •*• * • •• • , • , •*• Mt a . • » • iv/ti/ PofLCHi * • *‘i •*•• •#.*• • * a- •• 4*-* * a aa • •'• ^ .a# »- 4»^ ................................................ • •, • i - • M . , . . ...•» •:• .....................1 »• . • • ••• .••♦ • •• • #•••> • ^ 4 ,-.f. a ..;• V •• *••• • t ..i.. . 7. • . . 1 ....a.- .a« ..a aa . a. .. . ... • #»••• »— »t«/4a; - -- >w •a » a- ta -aa ••• . a>« 4 r.()a7 !>- V t C^f4.f a. -,l /a... aa ...I .. ..•, • •• •• • \ •I a 4 : ^■ '■'■.■1':' ' ' jr-^ c:t :w 5i')C ^y:.aXa. U ••• aaaaa«..a •f aa •.* aa .va^ . 4 « 4.a«. I t a. a. a • . • I • ••••••••ft* •• •» « ... ,1, , , •• • r ...................................:• • •..•W-r 4-r . - t ;• * . •* - —-j • a ••— ••••,- a a-^ I • • « •• M. I . a •• »•• < • , ft . V . ^ ^ ^ ^ ^ r \»• .ft ** '** • ^ '•#• ft. *. , . 4 •*••.! ft r .aa.a.a.^ ..... ............................ a.aa.a. | • ;; • , * •••••at* a ft .. ftaaa f •♦•a...* .a... •..'•a* ^a. • aa. 4 • ..a . a.» . 4 aa I • • * • ■ a . av •• < 1 T fmttt r Iirrrr~a~ 1 .1 r-a.^-fa\<r..a,a .-la ri.M ...... .ar.. p' NORTH SiCie Fpi'ClWG LAKE It* .♦ • • . • .i X'ftMAi,rifiiiiirri#liTriti<fcllt ^ liiMi PN • i . w>. J • - • »• I t . i t • » . « *- . 4 . » , . . <* ,» .j •• • , . . A .w ■ • • • . ■ • V 1 i> ‘ i SOUTH SlDt 3 ^od ^oc*j^u.s ---- HARDCOVER CALCULAllUiS WUKK»HJiJ!.l SETBACK ZONE; (CIRCLE ONE) EXISTING HARDCQ\TR IN ZONE A. House • ___________ •' % % % B. Garaje - C. ' Driveway X X D. Sidewalk X X E. Pacio/Oeck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • ______ + B PROPOSED HARDCOVER IN ZONE A. House ______________ X LcnfJ) X X B. Oarage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other #2 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 7^250*250-500' widih X 100 Width X100 - 14 e 9-n-o/ 500-1000' 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. iF. S.F. S.F. S.F. 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.Fs • S.F. S.F. S.F.' _____» A B A B t V SfOCu€M ------ HARDCOVER CALCOLAIJO^ VVUKKbHItbT ‘ J-n-ot SETBACK ZONE: (CIRCLE ONE) 0-75* EXISTING HARDCON'ER IN ZONE A. Houie • _____________ Length X X X B. Caraie ' C. * Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- _____________ + B . PROPOSED HARDCOVER IN ZONE A. House Length X X X X B. Garage C. Driveway X X D. Sidewalk X X E. Pwto^DeckJ X F. Landscape Underlain By Plastic Or Fabric X X X G. Other rr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , - , •¥ B • t j i'-/• •• • 250-S00*500-1000' Width X 100 Width X 100 « 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. S.F. f. -7^5-2 S.F. S.F. S.F. S.F. S.F. 2 Si? S.F. S.F. yjg S.F. S.F. V2V S.F. S.F. S.F. S.F. S.F. S.F. A B ygzs S.F. 2g.99S S.F. /». *7?__% A B k • • % i HARDCOVER CALCULA'llUM wiJKKSMij.Ki 9-/?-5 SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTINC HARDCO^TR IN ZONE A. House ' X LcnfiA X X X B. Garage C.* Driveway X X D. Sidewalk X X E. Pacio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- _____________ + B PROPOSED H.ARDCQVER IN 7QNT A. House LcnfUi X X X X B. Garage ly.i. C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_____________ B . 7S-250*500-1000' widih X 100 Width 22.Z X too - ; \ S3 7 Z27o 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. 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. A B 2607 S.F.’ A vs/a S.F. B y9tf9 % • « s m ■ATSOC . OFORI cm 0 ° A/ 0 EILEEN ST SCHNSTUIE OF i./ S « TRAiS END cm • • • - Lakevievr Red Oak- V Coif .. 5?H“ MP 61 --Golf - Course WEST IRAMCM RO SCO RED OAX l4 EAST lAXE ST t ^ Stubbs Uny . >' Non • *• • OAHL RO t Jennings' Bay Forest ^ ScHi, IS oramoviewV\ave\ ^ { ■ A:- f® % • S5>: • sp%^ West tAMI u ' —a Garrison ; '*1/ ^ay SkogsbvgPdnt * 2 ORQNO Arm ivfl Shadnood Point \ n DEERINO !»'---------... Crystal ^-v^LAND iuo^ m s ^ " Fagerntss Point ^«S5o\ \. G Hennepin County Taxpayer Services Department ^ « i) ^K: J ^ O'arce/ Information Parcel ID 0711723420019 House Number 1423 Street Name PARK DR Condominium This Is not a legally recorded map. it represent , a compilation of information and data from City, County, and State road authorities end othe' sources. RUN DATE tVli/il SATCN StS HENNEPIN COIMTY PROPERTY INFORNATIOH SYSTEM PROPERTY OWNERS LIST REPORT NO. PXASSAtl PACE 4 PROP AOOR OWNER NAME TAXPAYER NAME/AOOR Sa %7-ll7-2l 42 401S •1422 PARR DR R 0 t N L STAFFAf»QN RANDAU i NARIE STAFFANSON 1422 PARK DR MOUND MN 55344 Sa 07-117-23 42 ••14 •1442 PARK DR 0 L SCHULTZ ETAL GEORGE L SCHULTZ 1442 PARK DR MOUND MN 55344 sa 07-117-23 42 0015 •1442 PARK DR LUCILLE 0 KUTZ LUCILLE 0 KUTZ 1442 PARK DR MOUND MN 55344 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR sa 07-117-23 42 0014 01445 PARK DR F a K SHEARER FREDERICK J SHEARER 1445 PARK DR MOUND MN 55344 sa 07-117-2S 42 4017 •1415 PARK DR J D SXLLERUD t N A SXLLERUD JONATHAN D I NORA A SXLLERUD 1415 PARK DR MOUND MN 55S44 sa 07-117-23 42 OOIO •1415 PARK DR J D SXLLERUD i N A SXLLERUD JONATHAN D 1 NORA A SXLLERUD 1415 PARK DR MOUND MN 55344 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR sa 07-117-23 42 0019 01423 PARK OR R T HOWELLS RORERT T HOWELLS 1423 PARK DR MOUND MN 55344 SO 07-117-23 42 0020 01435 PARK DR MICHAEL JOHN KELLEN MICHAEL J KELLEN 1435 PARK DR MOUND MN 55344 SO 07-117-25 42 01447 PARK DR P J SCHLENDER t N R P J SCHLENDER I M R 1447 PARK DR MOUND MN 55344 0021 PALM PALM ID ^1)K:I PROP ADDR OWNER NAME TAXPAYER NAME/ADDR sa 07-117-23 42 0022 01453 PARK DR a A RENTROTT IKS RENTROTT RRENT A I KATHRYN S RENTROTT 1453 PARK DR MOUND MN 55344 30 07-117-23 43 0013 •1494 PARK DR F J HARDIN XIX I C A HARDIN F J HARDIN III I C A HARDIN 1494 PARK DR MOUND MN 55344 30 07-117-23 43 •1440 PARK OR 0 a ERICKSON I L DAVID h I LAUREL 1440 PARK DR MOUND MN 55344 0027 ERICKSON ERICKSON Jc PROP ADDR OWNER NAME TAXPAYER NAME/ADDR TOTAL RATCH 503 00012 5 Application Date: Deadline: 8/20/01 12/18/01 TO:Chair Haun and Orono Pinioning Commission Members Ron Moorse. City Administrator FROM: DATE: Paul Weinberger, Zoning Administrator/Planner October 11,2001 SUBJECT: /tOI-2711 Western Steel Erection, Inc. 2687 West Wayzata Boulevard Outside Storage/Site Plan Review • Conditional Use Permit Zoning District:I, Industrial List of Exhibits; A B C D Site Plan Outside Storage Equipment and Vehicle Parking Plan Indoor Storage Equipment and Vehicle Parking Plan Memo and Staff Report (September 14. 2001) Review of Request Western Steel Erection, Inc. has leased the 16,200 s.f. building located at 2687 W'ayzata Boulevard. Western Steel has approached the City of Orono because their property in Long Lake is scheduled to be acquired by the City of Long Lake for a new Public Works facility. Western Steel constructs steel framing beams used for construction projects. They are a permitted use in the Industrial District. Western Steel is requesting a conditional use permit to permit permanent ‘‘outside storage" to provide outdoor parking for 6 trailers, 2 trucks, 2 cranes, and 1 boom truck as showTt on the attached site plan. The company employees appro.ximately 80 people. The parking areas would be located along the east and northeast sides of the existing building. Western Steel has proposed to remove the existing chain link fence around the site and replace w ith a new' chain link fence that would enclose the yard. The fence would be setback 75' from the front projKrty line. The fence style they have proposed is a 6' privacy decorative slatted chain link fence. Evergreen trees would be planted between the fence and road. The site plan indicates the 16 trees would be planted along the edges of the property.______________________________________ Zoning Requirements Buildine Setbacks Front Side 75 feet A distance equal to one and one-half times the building height = approx. 35 feet «0I'27I t Western Steel Erection, Inc. 2687 Wayzau Boulevard 10/15/01 Page 1 of4 Parking The required setbacks for the parking and outside storage must be a minimum of 75' from the front property lines and 10' from the side and rear lot lines. Parking stalls are required to be 20’ in length and 9* wide. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and be properly drained and landscaped. All parking areas containing more than six spaces which face a public street shall have a solid wall or fence of not less than four feet nor more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved bv the Council mav be substituted for the required wall or fence. Required parking for the property based on the size of the building includes 4 spaces plus one additional space for each 800 s.f. of building space. (4 + 16,208/800 25 required parking spaces). Outside storage requires one additional space for each 2,500 s.f. devoted to the outside storage. The proposed plan indicates approximately 7,000 s.f. devoted to outside storage requiring an additional 3 parking spaces. Total parking required = 38 spaces Outside Storage Area The Conditional Use Permit/Industrial district standards require the applicant provide screening to buffer the storage area and activity associated with the outside storage area. The lots located around the site are located in the 1, Industrial District. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. The Code does permit motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity be stored within required parking areas. Outside Storage and Parking Surface The areas used for storage of cranes and trucks is only surfaced with grass and gravel. All parking areas are required to be surfaced w ith a hard, all-weather, durable, dust-free material. Above Ground Fuel Tank The Fire Marshal has stated if a private refueling tank is installed the plans shall be submitted to ensure all fire standards are met. The applicants would construct a 1,000 gallon above ground refueling point for their company vehicles. The location of the refueling point is depicted on the site plan attached to this report. •01-271 1 Western Steel Flection, Inc 26S7 Wa>7au Boulevard 10/15/01 Page 2 of4 Staff Recommendation Staff recommends the outside storage areas meet the minimum setbacks and requirements of the zoning chapter. At a minimum the following standards should be met. A. Since the outside storage area will be used for vehicles and equipment that is moved on an everyday basis the areas shall be located within required parking setbacks. Including a minimum 75 ’ (or more) from the front property line. B. The parking and outside storage areas shall be located a minimum of 1 O' from side property lines. C. A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. D. Parking surfaces shall be paved and striped. E. A final drainage plan, ba.sed on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leaving the property. F. The site plan shall indicate ail proposed parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive space for access and mobility on-site as well as emergency vehicle access. Options for Planning Commission Action A. Recommend approval. A recommendation of approval shall include conditions that would protect the surrounding properties and uses from the activities that would be related to outside storage. 1. Activity related to outside storage shall be limited to the hours specified by Western Steel Erection. Inc. as their regular business hours. 2. All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material. 3. Light sources r/’ist not be visible beyond the property boundries. 4.Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5. Screening and fencing site review. MO 1*2711 Western Steel Erection* Inc. 2687 Wayzau Boulevard 10/15/01 Page 3 of 4 6.All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7.Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. B. C. Recommend denial, stating reasons. Table. D. Other action. HO I-271 1 Western Steel Erection. Inc. 2687 Wayzata Boulevard 10/15/01 Page 4 of 4 taiJU I * Line poroM with South line of SW V4. ---------^ « a. A <■ JB.____mk_______ . •""’4M . I I-. v;.. fi: •••^« rn UH ■: • 9m 'p \.) •*sO D> 0> # I ‘ w 2 H? •c: .. ni • ®g: VVn i: • # 5^ Ooc: !^C »•• ••• r 1 ■i ■ I :3 jLJL 'MSIDE tdniPMi^kir ’1 :?) >J: City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (952) 294-4600 Fax: (952) 249-4616 MEMORANDUM DATE:September 14,2001 TO;Chair Hawn and Member of the Planning Commission FROM:Paul Weinberger. Zoning Administrator SUBJECT: Revisions to application #01-2711 - Western Steel Erection. Inc. Conditional Use Permit - Outside Storage ______________ Based on staff comments as well as the need to store equipment indoors. Western Steel has begun revising their site plan and reviewing future “outside storage” use on the property. They have indicated they would like to park and store as many of the vehicles inside the existing building as possible. Stephanie Jochims, President of Western Steel, has indicated the revised site plan will be available prior to Monday night's meeting. Western Steel would like to discuss the plan with the Planning Commission. Ms. Jochims is concerned that parking of vehicles outdoors ma\ cause damage to some of the equipment. Parking the vehicles indoors is the preferred alternative. 1 have attached a Staff Report, dated September 5. 2001 that was written assuming the outside storage and parking would be for all the equipment used by Western Steel. Equipment includes 30 one-ton compan> pick-up trucks, 6 cranes, welding equip^ient and a private fueling point for company vehicles. Please review, however their will be a plan revision for Planning Commission review. 1 he cranes are stored off-site at construction sites for most of the year. Ms. Jochims has stated the cranes may be on the property for a time period of up to 6 weeks per year. Ms. Jochims will not be present at the meeting Monday night, however a representative of the company will be present with the proposed plan revisions. Application Date: Deadline: 8/20/01 10/19/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Adminisiralor/Planner DATE:September 5, 2001 SUBJECT: #01-2711 Western Steel Erection, Inc. 2687 West Wavzata Boulevard Outdoor Storage Conditional Use Permit Z.oniiig District:I, Industrial List of Exhibits A B C D E F G Application Letter of Request Plat Map Survey Site Plan Section lO.SO -1, Industrial District Standards Property Owners Notification List Review of Request Western Steel Erection, Inc. has leased the 16,200 s.f. building located at 2687 Wayzata Boulevard. Western Steel has approached the City of Orono because there property in Long Lake is being acquired by the City of Long Lake for a new public work facility. W’estem Steel constructs steel framing beams used for construction projects. They are a permitted use in the Industrial District. Please review E.xhibit F a list of permitted and conditional uses in the district. Western Steel is requesting a conditional use pemiit to permit permanent “outside storage” to permit parking of 30 company trucks, 6 cranes, welding equipment and construction of a 1,000 gallon above ground fuel tank. The company employees appro.ximately 80 people. The parking areas would be located along the east and northeast sides of the existing building._________________________ Zoning Requirements Building Setbacks Front Side Rear 75 feet A distance equal to one and one-half times the building height = approx. 35 feet 30 feet n^Ol-2711 Wcsicm Steel Erection, Inc. 2687 Wi>z«u Boulevard 9/17/01 Page 1 of4 Parking The required setbacks for the parking and outside storage must be a minimum of 75' from the front property lines and 10' from the side and rear lot lines. Parking stalls are required to be 20' in length and 9' wide. Parking areas shall be surfaced with a hard, all-weather, durable, dust-tree surfacing material and be properly drained and landscaped. All parking areas containing more than si.x spaces which face a public street shall have a solid wall or fence of not less than four feet nor more ihtui six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal stmetures on the lot. A screen planting approved bv the Council mav be substituted for the required wall or fence. This is the approach used by ABC Supply as they have proposed to construct a 6' berm and plain a number of trees that will screen the outside storage area. The parking areas at .ABC w ill be located south of the ABC building and not visible to Highway 12. Required parking for the property based on the size of the building includes 4 spaces plus one additional space for each 800 s.f of building space. (4 + 16,2Ga/800 = 25 required parking spaces). Outside storage requires one additional space for each 2,500 s.f devoted to the outside storage. The proposed plan indicates approximately 25,000 s.f devoted to outside storage and parking requiring an additional 10 parking spaces. Total narking required = 35 spaces Outside Storage Area The Conditional Use Permit/Industrial district standards require the applicant provide screening to buffer the storage area and activity associated w ith the outside storage area. The lots located around the site are located in the 1, industrial District. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. The Code does permit motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity be stored within required parking areas. Zoning Issues Related to Outside Storage and Parking The proposed outside storage and parking area is within the required 75' setback to the front property line. The survey/site plan submitted by Western Steel indicates the parking and outside storage area to be within the 75' front setback and 10’ side setbacks. A total of approximately 65' X 100’ of parking area for company vehicles and equipment would be located within 75’ of the front lot line. There is no room remaining for landscaping and screening beyond the front property line. A portion of the existing gravel parking/storage area east of the building is within the 10’ side setback. At the closest the fence encroaches to within 3’ of the side property line. »01-271 1 Western Steel Erection. Inc. 2687 Wa>zata Boulevard 9/17/01 ' Page 2 of 4 n The existing fence surrounding the property is chain link and does not provide any visual screening. The areas used for storage of cranes and trucks is only surfaced with grass and gravel. All parking areas are required to be surfaced w ith a hard, all-weather, durable, dust-free material. No screening or landscaping plan is proposed. Above Ground Fuel Tank The Fire Marshal has stated if a private refueling tank is installed the plans shall be submitted to ensure all fire standards are met. The applicants would construct a 1,000 gallon above ground refueling point for their company vehicles. The location of the refueling point is depicted on the site plan attached to this report. Staff Recommendation Staff recommends the outside storage areas meet the minimum setbacks and requirements of the zoning chapter. At a minimum the following standards should be met. A.Since the outside storage area will be used for vehicles and equipment that is moved on an eveiyday basis the areas shall be located within required parking setbacks. Including a minimum 75’ (or mor") from the front property line. B.The parking and outside storage areas shall be located a minimum of 10 ’ from side property lines. C.A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. D. 0. Parking surfaces shall be paved and striped. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leaving the property. F.The site plan shall indicate ail proposed parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive space for access and mobility on-.^ite as well as emergency vehicle access. #01-2711 Western Steel Krection, Inc. 2687 Wayma Boulevard 9/17/01 Page 3 of 4 r OptioM for Planning Commission Action A. B. C. Recommend approval. A recommendation of approval shall include conditions that would protect the surrounding properties and uses from the activities that would be related to outside storage. 1.Activity related to outside storage shall be limited to the hours specified by Western Steel Erection, Inc. as their regular business hours. 2.All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material. 3. Light sources must not be visible beyond the property boundries. 4.Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. S. Screening and fencing site review. 6. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7.Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Recommend denial, stating reasons. Table. If the application is tabled the applicant shall be requested to sign an extension or waive the 60 day application deadline. The City of Orono has until October 19, 2001 to decide on this application. The City does have the right to extend this deadline an additional 60 days if more information is required for the application review. D. Other action. 001-2711 Western Steel Ertctioci, Inc 26%7 Wa)ZMa Boaievard 9/17/01 h«e4or4 If_______>■11 if I ■iiiaaiirt'it iMii AppUcation# 0i-2'7ll Date Reccive«rVAe/o/ Amount Paid ~S3Z^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed Hijtyy 17. tn K a PiU/1 7 I ’ nr< auurjKA\AMX£. ConVuc fni/ S__Cor\Va.c fg Property Identification Number (P.I.D.) 3^ - Hft » i ooo 2^ \ "«♦. v %ajU)c 0 «sJo <. V\V »y%3APPLICANT S4e^k<M^ vj -saj wv ons phon^ (home) ♦ H"7fa - Toy Name I jl)02h JH-*JW 3»\<- Phone (work) • *I7 S-H3*4y Address 2.^^^ Ofcruxl.? S-h. City t-<n^ Zip S53*i^ OWNER (if different than applicant) Name ftdg* fh3fu<tua L-uc. Address ^ Hlat ^ IM M Phone (home) _____ Phone (work) &&0O City Pi>^mouj-lr\ Zip fo ^<4^2^ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____ $250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg Nt, $325.00 Commercial/Industrial Use ___$250.00 Land Alteration ____ Grading and filling - designated w’etland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore ! 1 PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-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 _____$100.00 Appeals Other - see Fee Schedule 11 August 20,2001 Western Steel Erection, Inc. is a q)ecialty contractor who erects structural steel We provide labor and equipment to the areas major general contractors to build commercial projects, schools, muhi- story buildings, and federal or state projects. Our business she provides administrative, and maintenance for our fleet of 30 trucks, welders, and 6 cranes. Western Steel Erection employees 80 ironworkers and crane operators. Ii Stephanie Jochims, is the owner of the company, the business has been in her fiunily for over 50 years and has always based it operation in the Orono/Long Lake area. We request outside storage for our construction equipment and a motor fuel statiotL # 2 7 i ^ iJL .'.-^-r,.). .,Z ■• •'••. V • ■ .•t-T?' -f 't ‘ .-> » , r-' j* ■ t *.'.. ..}^*{*f r»\t> ly *•!• »' j’ «r * 'I' • ** l»» »»» ••••**»<#*.'• ^ Vi t' /: f M -l5*Jwa-iVri V • I X jl y •• t ■J t«fi«i 3i«r*«iii»iifi>iii y •: *'.•'• V./F Sl'RvW rop •mm • .............................. :CFBttFlCATE OF SURVEY FOR O^AWe R. JACOBS/V a U^Y, AND CHICAGO TITLE COMPANY iN-trtejW;ii>4:NE A BInNE^IN COUNTY. Ml^r4E$QTA V V 'iv- t , » ! n M I t /#/ y/r* • / /y/ /w /•«« .•MiVSe«.|i ' I t’.— r «/09-of>iv , hKWSVS /^fj7 \ . *.• m-u iiscfciHnuN of Pkinisis mjevkuo : ilMt i'art of the Soutitutfsl QifJt Cer'OT itus Quarter of Svclioti 33. fuwti^lilp no North. R4ng« 23 Ucti of iliC bih Frlri- cfp«l KeriOUn. (feKrilM*J •% follows: Cuw^fir.|ri9 «l a pulnl on the Vwith |fn« uf )4lJ Southwest QoAittr of tho Nortficast (Xiartcr, distant 1009.3/ fact Cast frui th« SouUiwesi corntr thereof ; thence North to a point on the North line of said Southwest Quarter of the Northeast Quarter, distant 100S.60 fewt Cast freas uie Northwest corner thereof; thence West alon9 said North line 200.02 feet to the actual point of beginning of the land to be described; thence South along a line parallel with the first above described line 410.94 feel; thence West parallel with the South line of said South­ west Quarter of the Northeast Quarter to Its Intersection with the West line of the Cast half of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the Northwest corner of said Cast hair of the Southwest Quarter of the Northeast Quarter; thence Cast along the North lint of said Southwest Quarter of the Northeast Quarter to the point of beginning. R. Jacobs, Marquette Bant Golden Valley and Chicago Title Company and to their successors and ?" l** l«-op*riy Jtgtlly d«$crib*<l herton; th«l Iht *Im. diaentiwit wid 1?^?- -* *^*’*C?*r**! dutldln,*, Mid otliar vltibla iaiirovfaitntt, uMatntt («s t«ld «*u- this plat of survey and the survev on which It----- -r . I Ir JL JL AGO TITLE COMf^ANY -U .iSCKII'HOW PklMSiS Mi(‘r» VI.U: il pari of Ihc 2»OuUtyo^l QuAilcr'Uf Ihtf lt»c«^l Qu4rlcr of 33. luMi^ltlp I Norlh. RAngc 21 Wcsl of Uc Sih Priii- mI HeriUUn. Ufset ibcU follows: M*i»f.lr«9 St 4 (V^lnl oo ihe Srwilh line of d Soulliwosi QuAiltr of llie Morilieest irUr. distent IOOf.37 feet C«sl frui Iht lUiwest corner Uitrtof; Uience Mortli to Mint on iht North lint of seld Southwest irttr of the Nurthtist Querttr. distent IS.to feel Cesi trum uit Noriiiwtst corner icof; thence West elong seld North line 1.02 feet to the ectuel point of beginning the lend to be described; thence South xig e line perellel with the first ebovt cribed line 440.94 feet; thence West el lei with the South line of seld Soulh- t Querttr of the Northeest Querttr to Intersection with the West line of tho t he If of seld Southwest Querter of tN theest Querter; thence North elong seld t line to the Northwest corner of seld l helf of the Southwest Querttr of the theest Querttr; thence test along the ih line of seld Southwest Querter of the theest Querttr to the point of beginning. tir successors end •ensiuns end Its (es seld eese- letfii of piitl ic I ere no vIsIMe m%. deled t.29.94). lereew. end thet ^ 3 //u.y. No. /2 I . • t| } I •• I f 2 fjfitHnt ; 'I t icool *^*f*hu »f K * . * ) I A C" ‘ /« »<•< t* I r#/ y/r« « ^J0i t4t rmf0% At bvitdt*nj —r-rZ % ^ \i s. f. <1 r». * . W£VSc« S3 ' t •/nvttiv bV .1 r-.«4 . S«^fl| liKW’WS • »3- J- -V llliAt PlfCAIPriON of PMt.SiSrS tl.O: lliAl part of the Soutlihesi QiiAiter'df the fljrthe-st Qo4ftcr of Secllou 33. ruwiisiilp nU North. Range 21 UcM of ti« Sth Prlii- rl|)4l Neridien. described as follows: CuwvMir.|f.g it 4 point on the So.ilh line of ^eld Southwest Queittr of the Nr>rtficesi Querter. distent 1009.1; feet Cast frue the Soulliwest corner tliereof; thence North to e point on the North line of seld Southwest fhirineest Querur. distent 100a.C j fed vest trtm ine honiiwest corner <*ong said North line 200.02 feel to the ectuel point of beginning of the lend to be described; thence South elong e line perellel with the first above described line 440.94 feet; thence West perellel with the Sooth line of seld South- ^sl Quarter of the Northeast Quarter to its Intersection with the West line of the test helf of seld Southwest garter of the Northeast Quarter; thence North along said West line to the Northwest corner of said Usl helf of the Southwest Querter of the Northeast Querter; thence Cast elong the North line of seld Southwest Quarter of the Northeast Quarter to the point of beginning. lociil*’ leMlW^Sejcn'^d ’n''^* “* »«ccci»ors «i.dlocations of alt of the boundaries of tlic property butldLat^*]ni bereon. that the size, dleonsions end ^nts 4re shown i.i Chicago Title Caspeny^s^oSSiui.u No^ cjse-ienis (es said ease- encroeciwients. eesenents (as seld tesciicnts in hereon; that there are no visible ^oeds. rlghts.of.way or vlsIbU ihicS Comltoeni No. C 244892S Setid 8-26.94) this plat of survey and the survey on which it is based wor# oadn *'^***^'* **’® shown hereon, and that H»qolrM.»nU for AlU/ACSM l.nd Till. Surv<^yt ?*!!'! St*nd«rd 0.UII;r:s’,r... ,rs svs;; r; \\ , Dated this day of , 199 e j COFfJN 4 GKOnetHG. IV.. 0 Iron warier Ocai lugs siwi ar*- yjion an isii^U ••tfiwj. ^rk S. Gronberg. Civil engineer end lend Surveyor Minnesota license NiwUwr I2;ss surveyor oisioiroav RfVttlCK OAlf UOCAiniOK *• *1 f l»i*f»*l*^ cfflilv ihal ihit H 4n pv«*parr*| !•%' nw *w unJet mv difwt twMt* »»'•!•*». amJ iImi 14«i 4 Jul> irgnkf«sl I it it I tf-jiHvi 40J UnJ Survnw undrf .V lh«» M- . .4 n|iim;.««44 ' i>UAN£ R. IT- in/44r./5 WN lasi.^a ii-K I I l0^ A0f • A A#/ r*04A SCAU \'*4e' ' t f * Jt , I V'****' * ...y . I ... ‘.'ll 'Ij'l S C mh I..,; I .Ti.-.' V i / Nwndo |?;%S I I K/f .Ml I ^ t wav Sc. ev lUM liSCfclPriON Of PMIXiSfS 5ljKVtt|.0: f|i.u ;',4rl of llic Soottiwi*&t Qiiatter'Of ItUf •jrilic4U Ou«rUr of SvcUoii 33. fowfivlilp la aorifi. R4og« ej won of tiie Sill Prill. I|)«i HoriOUii. ucscilt>rj follows: x*«^*nr,it 4 Point on the Nmiifi lino of 41(1 Soulhwosi Qu4iitr of 4l«o IRjnfiC4st b4i*ur. dlsl4itt 1009.3; f«et Cost fruo tht oothwcsi corner thereof; thence north to point on the North line of S4ld Southwest !(SC^?r Hortheesi QuerUr. distent oas.tj fcwi w4st fro* tiie horuiwesi corner MPU elong teid North line *^^*'** beginningf the lend to be described; thence South long 4 line perellel with the first ebove rscrlUnJ line 440.94 feel; thence Vest irellfcl with the Sooth line of seld South* ist Queritr of the Northeest Querter to of theist helf of seld Southwest Querter of the irlheest Querter; thence North elong seld fst line to the Northwest corner of seld ist helf of the Southwest Querter of the rlheest Querter; thence Cest elong the rth line of seld Southwest Querter of the rtheesi Querter to the point of b^lnnlng. ir successors end ■onslons end Is (4S S4(d eese- tens of public 4rc no wisiMt Ki. 4«i«d a-2i-94), treon. end thet derd Oetell . neets the t itc«s 4. 6. 7. 'Id lend Survejror I ihk 4% |Mfri| K iwr o« wmici mjf dwert mrwr •• M Jwh irsHi* ».*.| I ti I Mjy.H .i 4iHl UftJ Swnryw uMirr SC a U r*4d fV\ni I «i. i«.r Viifnt«f |?,*\S |I Kw .M > I *1 f 9*0 nil JL JL myum mmt .................... ;CEf|.ttF!CATe OF St'RVEV FOR t>yANp B. JACOBS,- tyICHICAGO tlTUE COM(>AMY V VrtSr U 5 f/wy* No. 12 .. ------------ ---------. r t .; I : •/'a . • •• •• 4 ,!x r—ri -^-ij - -------------— V S.iy f 1 7S* S«4k»«k ico^i t tSurth faliOfSW)^ 41.Va. \<c.‘4i r V t /#/• /v^r fw M *it9 r^‘ f I *' t > //.("• iA/' J / it . .1 ; •• r - - byitd/ff^ M icSi S>.........' I • • /•• ‘ • ■-------------^-----—,' ; .*'■*■•■-?■.I I",'-', f.-------' ■ •• M '■• —i-ij ---Ll , M '■ - .__ UC9t TENte iMuU l;lSOill*M0N Of PNISISJS MliVKTI.O: Ejcuti M^ fFAfce oofsieC sTom U' ^ 9%^ i srrKACK^ liMt part of the Southwest Qu.irtcr-uf Uw? fiorthcest Oudricr of Section 33. Tuwiiship iia North, Reruje ?3 west of itie Sih Prin. cipel fieridl4M. described 4s follows: CuwwuicUig el a point on the Vwiih line of s4td Southwest Queiler uf tl»o Nurtlicesl (Verier, distent 1009.37 feet lest fr«4i the Southwest corner thereof; theiKO North to e point on the North lint of seld Southwest Querter of the Northeest Querter. distent 1005.60 fe«.t Cast froi Uie Norii«v.esi corner thereof; thence Vest elong seld North line ^0.02 feel to the ectoel point of beginning of the land to be described; thence South along a line parallel with the first above described line 440.94 feel; thence West parallel with the South line of said South- west Quarter of the Northeast Quarter to Its Intersection with the West line of the Cast half of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the Northwest corner of said Cast half of the Southwest Quarter of the Northeast Quarter; thence Cast along the North line of said Southwest Quarter of the Northeast Quarter to tht point of beginning. V 0__ -W--W- I ** Sk/fc*/ •fsw*v !. wtvse* »a ^ t-'.— •*a Mr t2S4>i , S#4ll| bicaf 6V/S v#>vy/|4h/ /oaf 37 I hereby certify to Quane R. Jacobs, Harguette Bank Golden Valley and Chicago Title Cooipany and to their successors 4fid assigns, that I have surveyed, on the ground, the property legally described hereon; that the size, dincnslons and locations of all of the boundaries of tlie property, buildings, and ullier visible tnprovrwtnts, cast«eenis (as Said ease- •«nls wre shown in Chicago Title Company's CcMiUienl .Ho. C 2448975. dated 8-26-94). slnoti. roads, aeans of public access, riyhts-of-way which affect said property are cortectly end accurately shown hereon; that there are no visible encroaclaents, easenents (as said easanents are shown In Chicaot'lltle Company's CoMltmant No. C 2448925. dated 8-26-94). streets, roads, rlghts-of-way or visible Improvements which affefct the property, which art not shown hereon; and that this plat of survey and the survey on which it Is based were made in accordance withe tht Ninlaum Stafidard Detail RtQuIrements for ALTA/ACSH Land Title Surveys Jointly established and adopted by AtTA and acSN In 1988, meets the ir-V— wiMi.Sa I . /#/»<« • /./#/ /w f»r, • /eff f4f oisotDav KfVttlOV - . • I so TITLE COMPANY leva fence jscitii riaN or Pi<ty.iStH sui rtuu: irl of ihc Quai tcr^Uf Ihi; i^i <^4rlcr of S«ciloii 33, vn. R4*Mje 23 Mt&l of UiC Slh Frfii* Eeridi^n. UcKf it)eJ fulloos: lri9 at a p^lnt oa ihe Sotiih line of luiiitEosi QuaiUf of U«e Huri*ica\l , distant 1009.37 feet Cast frui tfit St corner thereof; thence North to on the North lint of said Southwest of the Northeast Ouarter, distant I fttwl Cast frooi ute iiorti<E«est corner ; thence Nest along said North line feet to the actual point of beginning land to be described; thence South I line parallel ulth the first above ed line 410.94 feet; thence West I ulth the South line of said South* arter of the Northeast Quarter to ersectlon with the Nest line of the If of said Southwest Quarter of the St Quarter; thence North along said ne to the Northwest corner of said If of the Southwest Quarter of the ist Quarter; thence Cast along the tne of said Southwest Quarter of the ist Quarter to the point of beginning. successors and lions and (as said ease* I of public I no visiHe . dated 9 29*94). m; end that I Ottall lets the I . • /• .V /4.% I ?• I A, ^ h.tf f , I /«'» ioooa acts. *.<£ >1 f 7 9^ f'"'’ If iJtf r^T ><«• tf't • V V-»* r *r /#/ y/r« • / * ^ t d$* rFi«/F4^f/| KM \V Efusiin^ boildim 1 • V • * ' •. .. . -A • .V )4ffva PENCE II.UAL U SCRII'f ION Of PWtr^lStS SiJi'rl.yi.O: ot9;siiic Ejcuth^ fPA>ee a 1 !____j # Hwl part of the Southwest Quaiter"of the Quarter of Section 33. roMisfilp 116 North, Na>Mje 23 west of ilic Sih Prin­ cipal fRsridian. iftsciibed as follows: CcEwnclrtg at a pwlnt on the Smith line uf iaid SouthiEost Quailtr of the Nui ilicasl Quarter, distant 1009.37 feet Cast frua the Southwest corner thereof; thence North to a point on the North line of said Southwest !' Huritmu Quirur. dlUMl lOSS.tj fuil wait froi tiwr Norii>s«st corner ^rtof; thence West along said North line 200 02 feel to the actual point of beginning of the land to be described; thence South along a line parallel with the first above descrlb^ line 440.94 feel; thence West parallel with the South line of said South­ west Quarter of the Northeast Quarter to Us Iniersecllon with the West line of the usl half of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the Northwest corner of said Cast half of the Southwest Quarter of the Northeast Quarter; thence Cast along the North line of said Southwest garter of me Northeast Quarter to the point of beginning. -II- a--w r.*44 iuoz , s*«iH UcW 6V\ toe$yf ;i‘T' "Sn^r 'r*"- •«Ions 0 <tl uf Ihe bounJ,rl.» of it., proper?,'^ 0^Mlngt® 4/, uu or *««1 4re ^t».n i.i Chic4go Till, CoBHt.ny-, Co«.ilWi.i 'ti C4v*^.,iv (4, j4,j Kcest riyhts-of-H4/ which 4ffect i4ld property jr, lorieclly and 4crur4if.?^*.l^'. '‘"***‘> "**'’* Puhllc ,iKroici«,nij. ,4timenu («$ ,,td e,sM,nts ,r, jhown in Chulo,'liil^ C^in *f* no im! M*.’’®?*’** '•'9"“-of-«y or y„lbl, l«iproy«^u which Jffetl !^ o^r?. ***• ^ '»“«'> « i!6-9«). ^er00f4 I99j^ ( 12. and 14. Dated this 7rd<t tU/ of COffiN i GK0W8CHG. |»iC. 0 Iron war ter Ouailugs assufi^d .‘.tUri, HarK S. Gronberg, Ctvil engineer amt land Survevor Minnesota license Nmu*.,, i2;«,s 3urvr/ur oisiCNfoav MViftiCW OAH obtCRinioK V. ■ j yz ^ • ‘ ••• • 1 I Ifc f»4n cffUv liui ihis Mtt%Y\ H a» pf,ft«ml K Me «w unJrv mv dliwl luper• Y'***“- ’^11 ^*** * irgifUfrJ Ci» d rand l.and Suneyof uiuIev “*if tl»i* <4.4 .• .J \l.iM'.r>44i Ka U VufiiUi UTiJ I • 44A SEC District sha review. except for o or wholcsali work, uphol storage of at shall be subj electrical, pi ORONO CC § 10.50 SEC. 10.50.I INDUSTRIAL DISTRICT. Subd. I. Application. All applications for a building permit in any 'T* Industrial District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 2. Permitted Uses. Within any "1" District, no structure or land shall be used except for one oi more of the following uses: A. Processing, Etc. Conducting a process, fabrication, storage, manufacturing or wholesaling operation or providing of a service as listed hereafter: 1 . Apparel. 2. Artificial limbs. 3. Automobile and truck painting, major repair, body and fender work, upholstering, tire recapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. Open sales lots shall be subject to a conditional use permit. 4. Bakery, commercial. 5. Bicycles and toys. 6. Boats and marine products. 7. Bus, truck and contractor's terminals and maintenance yards. 8. Cabinet and carpentry shops, lumber yards and millworks, electrical, plumbing, heating, air conditioning shop. 9. Camera and photography. 10. Canvas and cloth products. 11. Ceramic and cloth products. 12. Ceramic products. 13. Cork products. 14. Drugs, cosmetics, pharmaceutical and toiletries. 15. Electric motors, generators, electric products. 16. Engraving and printing. 17. Ice and cold storage plants, bottling works. 18. Laundries, commercial. 19. Machine shops. 20. Metal polishing and plating. 2 1 . Musical instruments. 22. Novelties. 23. Paper products. 24. Pharmaceutical products. 25. Products made of glass, ceIIophane,leather, plastic, wood. 26. Shoes and footwear. ORONO CC 352 (4-1-84) § 10.50 27. Sporting equipment. 28. Television, radio and appliances. 29. Tools, hardware and sm^l metal products. 30. Warehousing. Subd. 3. Conditional Uses. A. Within any T' District, no structure or land shall be used for one or more of the following uses except by conditional use permit: 1. Accessory structures. 2. Farm equipment sales, repair and storage. 3. Heliports as an accessory use for that property. 4. Motor fuel stations. 5. Open sales lots. 6. Outside storage. 7. Public service structures. 8. Railroad switch yards, team tracks or freight houses. 9. Research laboratories. 10. Residence necessary for security and safety in relation to a permitted use or conditional use. 11. Restaurants (Class 1) which are located in and mainly servicing the personnel employed in that structure. 12. Plaimed Industrial District as regulated by Section 10.51. Source: Ordinance No. 172 Effective Date: 1-1-75 B. Antenna Stwetee. One independent antenna stnietufc, with antenna or eembinatien o f antenna attaehed thereto, subo rdinate to and servieing the prineipal use or struetme o n the same lo t and etatom arily ineidental thereto that is net attaehed t6 ano ther structure provided the height o f the antenna strueture does no t ex ceed 65 feet and the antenna strueiufe is set back fro m any lo t line a distance at least equal to the to tal height o f the antenna struetufe. (So urce! Ordinance No . 177; Effective Date; 6-S-75) Deleted via Ordinance No. 161,2nd Series Adopted: 5-27-97 ORONO CC 353 (4-1-84) § 10.50 Subd. 4. Accessory Uses. Within any "1” Industrial District, the following uses shall be permitted accessory uses; A. Any accessory use as regulated in the "B-I"' District. Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. B. Building Area. Each individual building shall have a gross floor area (not including basements) of not less than 5,000 square feet when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants. C. Lot Coverage. Not more than 30% of the total area of any lot, tract or parcel of land three acres or less in size may be covered by buildings or other structures. Not more than 45% of the total area of any lot, tract or parcel of land more than three acres in size may be covered by buildings or other structures, except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60% will be permitted. D. Height. No structure or building shall exceed three stories or 40 feet in height except as provided in Section 10.75. E. Building Setback and Yards. 1. Street Setbacks. All buildings and structures must be set back at least 75 feet from the right-of-way of any highway or street which has been designated as limited access, freeway or expressway; and 50 feet from those designated as thoroughfares, collectors, minor or secondary streets. Where the district abuts or adjoins an ”R" District there shall be a building setback from that street of not less than 75 feet. 2. Side Yards or Rear Yaros. Any building or structure required by any building code adopted by the City to have openings in the rear wall, shall be erected no closer than 30 feet to a rear property line. Where rear wall openings are not required by any such code, and the rear wall has no openings, buildings or structures may be constructed to within 10 feet of a rear property line. No building or structure shall be erected any closer to a side property line than a distance equal to one and one-half times the average building height. Where the district abuts or adjoins an ”R" District, the side or rear yard abutting such residential district shall be not less than 100 feet. ORONO CC 354 (4-1-84) T § 10.50 F. Building Design and Construction. The Jq addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick; or, (b) Natural stone; or, (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; or, :: (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, glass, prefinished metal (other than unpainted galvanized iron) or plastic; provided that if any wall of the building or structure faces a street or abuts an "R" District, then that wall shall have at least one-third of its surface of materials other than prefinished metal and the remaining walls shall have at least one-fifth of their surfaces of materials other than prefinished metal; or, (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. G. Off-Street Parking. In addition to other restrictions of this Chapter, off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and shall be properly drained and landscaped, and shall be maintained in a sightly and well-kept condition. No parking area shall occupy any required setback except on lots, tracts, or parcels having two or more street frontages. On lots, tracts, or parcels having two or more street frontages, 50% of the required setback fiurn one of the streets, designated as a thoroughfare, collector, minor, or secondary street and not adjoining a residential district, may be occupied for parking purposes only; provided, however, that parking shall not be located within the required setback area in fi'ont of the building. No parking shall be located closer than ten feet to a side r.r rear lot line, nor closer than ten feet to any building. Each parking space shall have a minimum v/idth of nine feet and a minimum depth of twenty feet exclusive of aisles and maneuvering space. All parking areas containing more than six spaces which ORONO CC 355 (4-1-84) § 10.50 face either a public street or lesidentially zoned property shall have a solid wall or fence of not less than four feet nor more than six .eet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved by the Council may be substituted for the required wail or fence. H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading mto or out of trucks in excess of three-fourths ton capacity or railroad cars, shall be conducted st facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: 1. Amount Required. Loading facilities of sufficient number to provide for the requirements of each use shall be provided on the premises of tai h principal and accessory use. The exact number required will depend on the nature of the principal and accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or major fraction thereof. 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the principal or accessory use and they shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing in the berth. All berths shall be screened from view from the property's street frontages by a solid wall of not less Unn ten feet in height. Such walls shall be so designed that they are architecturally harmonious with the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length, 14 feet in width and 15 feet in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located within the perimeter of the building housing the principal or accessory use. Where located on a street frontage, they shall be completely enclosed. No berth shall be located within the required side or rear yards. All berths shall be physically separated from areas used for off-street parking except for coimecting driveways or aisles. No maneuvering area shall be located within ten feet of a side or rear property line. I. Storage. In addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; or shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the pennitted parking areas. r —• ORONO CC 356 (4-1-84) § 10.50 J. Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Council at the time the building permit was issued. It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained. K. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly chaiuieled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 SEC. 10.51. PID PLANNED INDUSTRIAL DISTRICT. Subd. 1. Purpose. The purpose of this Section is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an over-all design, an integrated physical plan and in accordance with the provisions and procedures as provided hereafter. Subd. 2. Submission of Plans. The owner or owners of any tract of land within an T District may submit to the Council for approval a plan for the development and use of such a tract of land for a Planned Industrial Disoict for commercial or other uses permitted in the district within which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except as herein amended. Subd. 3. Size Required. The tract of land for which a development is proposed and a permit requested shall not be less than five (5) acres. Subd. 4. Sewer and Water. The tract shall be served by the City water and sewer system when available and fire hydrants shall be installed according to a plan approved by the Fire Chief as to type and location. ORONO CC 357 (4-1-84) mJN DATE M/XA/Ol BATCH Sn fBOf ADOR OMNIR NANC TAXfAVfll NAHt/AOOt fBOf mm mmn mm TAXPAYER NAHE/ADM PROP ADOR ORHCR HAHE TAXPAYER NANE/AOOR HENNEPIN COUNTY PROPERTY INPORNATION SVSTEN PROPERTY ONNERS LIST SB S5-11B-2S 11 BIBS BBBSB ADDRESS UNASSXGHED ORONO PtAZA ORONO PtAZA C/0 REXERSCORD UN OPPXCE BBBB 44TN ST N NPtS m 55A2A ^ SB SS-lli-ZS IS BBB2 B2BB7 NAYZATA BLVD N ACE PROPERTXES LtC ACE PROPERTXES LLC SSBB ANDERSON ESTATES RD NAPtE PtAXN NN 5S3SB SB SS-11B-2S IS BBIS B24BS NAYZATA BLVD N DRB BB LtC DRB BB LtC C/0 BUSCN/FREDRXCESON/BYRON BBB 2ND AVE S IIBB INTRNL CT NPLS til SSBB2 SB SS-11B-2S 12 BBB2 B27BS KELLEY PKNY CXTY OP cxTY or P 0 BOX BB CRYSTAL BAY NN 55S2S SB SS-11B-2S IS BBll B27BS NAYZATA BLVD N VEDA XNC ETAL VEDA XNC PO BOX S7S LONO LAKE NN 5SS5B TOTAL BATCH 5B1 BBBB7 REPORT NO. PXBS5BB1 PARE 1 SB SS-11B-2S 12 fBBB B27BS KELLEY PKNY NXLLON PROPERTXES NXLLON PROPERTXES •C/0 ALBERT B YN6V< BBSS BX6 RXCE LAKE DR IB E REflER IRI SBB72 • i SB SS-11B*2S IS BBIB B272S NAYZATA BLVD N VEDA XNC VEDA XNC PO BOX STB LONO LAKE NN BBSSB • • • • •i *: .• * • • X CERTIFY THAT THE FACTS REFRESENTES ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OP PINIPfRTY TAXATION, TO THE REST OF NY KNONLEOOE AND BELIEF. DATE 9^ #2*7 1 \ y\ Date of Complete Application: Application Deadline: 7/I9/0I 11/17/01 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner October 10.2001 //OI-2689 Mandcep Sodhi 4080 Dahl Road Aftcr-the-Fact Variances and Conditional Use Permit Lakeshore Vegetation Restoration Plan Review List of Eiibits A Revised Landscaping Plan B Properly Survey/Bluff Determination C August 15, 2001 Staff Report Review of Application In late Spring the City of Orono was made aware of vegetation removal and replacement of a stairway and retaining wall on the lakeshore side of the propert)'. The property owner had purchased the property the previous year and hired a contractor to replace the stairway and retaining walls on the hillside and to remove the vegetation. The applicant had stated the vegetation removal was done primarily to remove poison ivy. It was also determined at least two large and several small trees were removed. The Shoreland Ordinance does not permit ‘intensive Vegetation Removal ” within 75 ’ of the shoreline, on steep slopes or within the bluff impact zone. What would be allowed is limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stainvays and landings, picnic areas, access paths, beach and w aercraft access areas, and permitted lock boxes, provided that the screening of structures as viewed from the water is not substantially reduced (assuming summer leaf-on conditions). Any vegetation removal of trees that are w ithin 75 ’ of the lakeshore or in a bluff impact zone require a permit from the City. One large tree that was removed from the property was hollowed out and likely would have qualified to receive a permit. A condition of permit approval may have been the property owners plant new vegetation in its place. The City did issue a building peimit to allow the property owner to complete the stairway and retaining wall replacement, w ith a condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining w all replacement within 75 ’ of the lakeshore. It is not clear how much excavation was done to lower the stairway since the grading was completed «0l-3689MaiMkep So^i 4080 Dahl RiMd 10/15/01 Pa^’C I of 3 before Staff was able to visit the site. Crews stated they did not lower the stairway into the hillside, except some excavation was done below the steps to level the ground. The Planning Commission last reviewed this application on August 20, 2001. The Commission tabled the application citing recent grade changes above the slope that were not reflected on the plan. The application before the Planning Commission requires discussion of the following issues: Retaining wall construction/replacement within the 0-75' setback and vegetation removal on a bluff and bluff impact zone. 1 Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) - No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High tt’ater Level of any lake or tributary, except Jor stairways, lifts, landings, and lockboxes. 0*75' Lot Area = 3,523 s.f. Hardcover = 296 s.f. (8.4%) To permit 86 s.f. of hardcover for the retaining wall system replacement along the stairway. Section 10.55, Subdivision 8 - No hardcover or structures are permitted within 75' of the lakeshore. 3.A Conditional Use Permit is required per Municipal Code Section 10.56, Subdivision 19 to replace the retaining wail. Conditional Use Permit review shall include landscaping plans that screen and break up the unnatural appearance of such structures. The intent is to maintain a natural appearance when viewed from the lake. The revised landscaping plan includes the additional plantings and Ivy will be planted that will grow on the retaining wall. The intent, to provide a complete screening of the wall during the summer, leaf on conditions. 4.In addition to approval of the variance/CUP the property ow ner has requested approval of a restoration plan for the vegetation removed from the bluff line. The revised landscaping plan also includes existing trees. 1 maple tree has been removed from the original landscaping plan. The property owner has stated because the lot is only 45' wide the trees will mature and be located too close to one another. Note in the attached site plan, a permit was issued for the work completed above the top of bluff line. Staff can issue permits for land alteration outside of the 75' setback. No conditional use permit is required if the work outside of the 75' setback is less than 500 cubic yards. The retaining walls and land alteration that occurred above that line was permined and the property owner did receive a land alteration permit on July 31, 2001. 5. Land Alteration Above the 75' setback Based on the City of Orono ’s topographic maps the top of bluff line would be measured at the 960' contour. That measiu-ement would indicate the putting green would only encroach about 3' into the 20' bluff impact zone. The bluff impact zone is the 20' setback from the point at which the top of •01*2689 ManUccp Sodhi 4080 Dahl Road 10/15/01 Page 2 of 3 n bluff is measured. Based on the survey data that was completed by the Egan field & Nowak the top of bluff is measured at the 961 ’ contour. The City’s maps are very accurate, however they are interpolated from aerial photography and can have some slight variations to site elevations. The type of land alteration that occurred on site does require the property owner to provide a survey for review with the variance and CUP application. The topography provided by the surveyor does indicate the top of bluff line is actually located about S' further back on the lot. This indicates the putting green encroaches about 8’ into the bluff impact zone. An aflcr>the-fact variance would be required in (hu case for the putting green to permit fill to be deposited in the bluff impact zone. (Section 10.56 (J) 5h). Staff did issue a land alteration permit that allowed the property owner to locate the putting green as shown on the site plan. Issues for Discussion 1.Provide recommendations regarding the landscaping plan, including the number, species and location. 2. Recommendation on the retaining wall/screening. 3. Recommendation on the size on location of the putting green, which encroaches 8' into the bluff setback. Staff Recommendation Staff recommends the property owner add one additional hardwood tree on the lakeside of tlie stairway and one additional tree at the top of the bluff in the center of the property. The two additional trees will provide additional screening of the stairway and putting green as well as provide a better root system for long term stabilization of the slope. Options For Action I. Recommend approval of the requested variances and CUP with appropriate conditions. 2. Recommend partial approval and define what elements of the plan aren't approved and that they should be restored. 3. Table for more information, giving direction to applicant. 4.Other. »01-26S9Mamfecp Sodhi 40S0DihlR<Md KVI5/0I Pi«c3or3 ' r Landscaping Plan 4080 Dahl Road Orono, Minnesota October 5,2001 5-' ir«*u|»ing *»I 4 Nfjpic Trees A <S>^ iitj .V. r \ i*T } ^ I \ f(i* AL I I I I 12 Siiwllef Mii|»!eTr^4 V* I!Iv •'S © W I X Smaller Maple A Oak Trees I m V' \i m iv'':-hy ’•W * yk I > /i *i r^,V I: I I ^)M m i ^ ^ 1 ’fif I.EGEND I 1 - Maple Tree 2 - Globe Arborvitae 3 - Day Lilies 4 • Husta 5 - Weigela 6 - Scotch Pine 7 - Lilac 8 - Gold Fingers 9 - Juniper 10 - Burnt Bush 11 - Crab Apple Tree 12-Tulips 13 - Snow on the Mountain 14 - Existing Trees 15-Ivy 4511 HT ..—»,Tjrratg»,.4..,. ■ 6 SN0RCU9C AS LOCATED 7-11-2001--^ CLCVA1HM • 979 S zoSe" ' ^ Walk>vay u tth IMantixs. 18 St«|)« (4 fed X 10 5 inJics) Rcummg Wall and stcf>» (24 F«:ct Wide. ig>to 48 In Jiei lli|^) 1/ ^ / / K 9 \ / » ‘Mi '• 5 Dale of Conpicte Application: 60 Day Deadline: 7/19/01 9/18/01 TO: FROM: DATE; SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planncr August 15, 2001 #01-2689 Mandeep Sodhi 4080 Dahl Road After-the-Fact Variances and Conditional Use Permit Lakeshore Vegetation Restoration Plan Review Zoning District: List of Exhibits LR-IB One Family Lakeshore Residential District A Application B Plat Map C Site Photo D Section 10.56, Subdivision 16 (I) - Regulation of Vegetation Alterations E Definition of Intensive Veeetation Clearing F Property Survev G Approximate Bluff Line Determination H Landscaping Plan I Planting Schedule J Hardcover Calculations K Hardcover Calculation Worksheet (Entire Lot) L Property Owners Notification List Background In late Spring the City of Orono was made aware of vegetation removal and replacement of a stairway on the lakeshore side of the property. The property owner had purchased the property the previous year and hired a contractor to replace the stairway and retaining walls on the hillside and to remove the vegetation. The applicant had stated the vegetation removal was done primarily to remove poison ivy. It was also determined at least two large and several small trees were removed. The Shoreland Ordinance does not permit “Intensive Vegetation Removal ” within 75* of the shoreline, on steep slopes or within the bluff impact zone. What would be allowed is limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairw ays and landings, picnic areas, access paths, beach and waercraft access areas, and permitted lock boxes, provided that the screening of structures as viewed from the water is not substantially reduced (assuming summer leaf-on conditions). #01-2689 Maiukcp Sodhi 4080 Dahl Road 8/15/01 Page I of 4 Any vegetation removal of trees that are within 75' of the lakeshore or in a blulT impact zone require a permit from the City. One large tree that was removed from the property was hollowed out and likely would have qualified to receive a permit. A condition of permit approval may have been the property owners plant new vegetation in its place. The City did issue a building permit to allow the property owner to complete the stairway and retaining wall replacement, with a condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining wall replacement within 75' of the lakeshore. It is not clear how much excavation was done to lower the stairway since the grading was completed before Staff was able to visit the site. Crews stated they did not lower the stairway into the hillside, e.xcept some excavation was done to level the ground. The concern of lowering the stairway into the hillside is the small retaining walls on each side of the stairway are then raised to accommodate the low er steps. An additional retaining wall was replaced along the lakeshore prior to the permit being issued. The photo attached as Hxhibit C was taken the day Staff was made aware of the work on the lakeshore. fhe photo indicates how much work was completed before a Stop Work Order was issued. 'I'he stairway to the lake is designed at an angle that will allow it to be screened from the lake views cnce natural vegetation has been restored and to follow the path taken by the previous stairway. The application requires review of the follow ing variances: I.Section 10.22, Subdivision 1 and Section 10.56. Subdivision 16 (L.) (I) - Xo hardcover or impervious surface shall he placed, located or constructed within 75 feet of the Ordinary High lyater Level of any lake or tributary, except for stairways, lifts, landings, and lockboxes. 0-75' Lot Area = 3,523 s.f. Hardcover = 296 s.f. (8.4%) To permit 86 s.f of hardcover for the retaining wall system replacement along the stairway. Section 10.55. Subdivision 8 - Xo hardcover or structures are permitted within 75' of the lakeshore. A Conditional Use Permit is required per Municipal Code Section 10.56, Subdivision 19 to replace the retaining wall. Conditional Use Permit review shall include landscaping plans that screen and break up the unnatural appearance of such structures. The intent is to maintain a natural appearance when \ iewed from the lake. In addition to approval of the variance/CUP the property owner has requested approval of a restoration plan for the vegetation removed from the bluff line. Home Planning Associates, Inc. has submitted a planting schedule and plan that would include planting of 2 maple trees, I scotch pine, a crabapple tree and several small bushes and plants. •01-2684 Mandeep Sodhi 4080 Dahl Road S.15/01 Page 2 of 4 The overall landscaping plan would have a garden appearance rather than a natural species shoreline. The plan could be changed to include some undergrowth species such as day lilies and more junipers. Eventually the trees would mature and provide tree cover. Until mature growth is in place the plants and bushes will need to be in place to help prevent erosion and provide a green ground cover. Natural regrowth will occur over time and eventually restore the natural appearance the lakeshore had prior to removal of the vegetation. The natural restoration would allow the property owner to remove any vegetation classified as “no.xious ” including buckthorn and poison ivy. The land located above the bluff line has a slow, gradual slope up to the house. Recently the property owner rc.moved a permanent walk to the lake and eventually will sod the property from the house to the blufi* line. The grade has not changed and Stafl'did not identify trees that had been removed in this area. Only one large tree was removed close to the house. This tree was hollowed and outside of any part of the property w here tree removal would be prohibited. The total width of the lot where vegetation was removed is 45*. At the time the trees achieve full growth they will have the ability to cover most of the lot near the lake. Full natural cover may occur earlier if 2 or 3 trees are added to the plan or the crabapple tree is replaced with a tree that will achieve a ma.ximum height taller than what a crabapple would. A crabapple tree may reach a maximum height of 10-30' a red maple will reach a maximum height of 60-90'. Discussion Items Staff issued a building permit to allow the stairway to be replaced, including replacing the retaining walls. The primary reason is the old had already been removed and there were concerns about erosion along the hillside. The proposed landscaping plan does include some species that may be more natural to the shoreland areas, however should more natural green understory vegetation be part of the plan? Staff Recommendation Staff recommends approval to the concept to allow the vegetation to be restored subject to the following suggestions and conditions. 1.The proposed plantings shall be in place to create green cover for the slope, however vegetation around the stairway should be allowed to naturally restore itself over time. The natural vegetation will ultimately fully screen the stairway and walls. 2. Two additional tree plantings shall be provided to allow for additional canopy cover in the future. iCI-26S9 Mmdcq> Sodhi 40S0 Dahl Ro«l 8/15/Ot Page 3 of 4 3.The property owner shall be responsible for clean up of all debris left on the property since the vegetation was removed. 4.Erosion control, including silt fence, shall continue to be provided on the site until the City has determined the vegetation has been restored, this to prevent sediment from reaching the lakeshore. Options for Pianning Commission Action 1. Recommend approval. 2. Recommend denial, stating reasons. Table. 4. Other action. iOI-26l9M«KltepSodM 40MIMilRotd S/15/01 PaseSofS c,) O O o >' / I. • <'. / Application # 24ng1 Date Received /<: -if '■ I■J T • . *'.» . .» ■ _ ^ CITY OF ORONO - GENERAL LAND USE APPLICATION Amount Paid PROPERTY LOCATION Site Address P/9//^ ^DA'C) Type of Application to be Filed_____ Property Identification Number (P.I.D.) C^P 07-//7-^3 //GO/8 Phone (home) 7>2.. ^ ________________________________ Phone (work) 3S7- 3^£><n Address City ^^QA/Q______Zip 5~^^ APPLICANT Name S‘o/)/// OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address City Zip. Date Property Acquired «At-0 (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc ) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more X Grading, seawall, retaining walls within 75' of lakeshore _____PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-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 _____$100.00 Appeals Other • see Fee Schedule Hennepin County Taxpayer Services Departmti^^ r 6*^ .=ii <^rcellnformatlon Parcel ID 07117231i0018 House Number 4080 8Ueet Name DAHL RD Condominium -s' «onoominium TN$ is not a hgaOy nconM map. It nprasants a compHation of ktfonnalion and data from City, County, and State mad atOhoritias and othar soureaa. § 10.56 I. Vegetation Alterations’. 1. No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City staff provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal. 2. Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, priming and trimming of trees of any size is allowed to provide a view to the water from the principal dwelimg site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock bo.\es, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. Source: Ordinance No. 127,2nd Series Adopted: 7-11-94 J. Topographic Alterations/Grading and Filling. 1 . Grading and filling and excavations necessary' for the construction of structu'es. sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling or excavating of more than 10 cubic yards is prohibited within 75* of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. Grading, filling or excavating of 10 cubic yards or less shall require City staff review and permit and be subject to other pertinent sections of the Zoning Code. Source: Ordinance No. 171,2nd Series Adopted: 3-23-98 ORONO CC 376-14 (2-24-92) I § 10.56 7. "Dwelling Site, Transient" - A designated location for teraporar>* or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 8. "Dwelling Site" - A designated location where a dwelling unit is intended to be constructed. 9. "Dwelling Unit" - A building or a portion of a building designed or intended to be occupied e.xclusively for residential pmposes, including provisions for sleeping, eating, cooking and sanitation for not more than one family, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, recreational vehicles, nor lodging rooms. 10. "Extractive Use" - The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes Sections 93.44 - 93.51. 11. "Forest Land Conversion" - The clear cutting of forested lands to prepare for a new land use other than re- establishment of a subsequent forest stand. 12. "Industrial Use" - The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other w holesale items. 13. "Intensive Vegetation Clearing" - The complete removal of trees or i4. 'Ordinary High Water Level (OHWL)" • The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of tiie channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the Minnesota Department of Natural Resources for certain water bodies as shown in Subdivision 7 of this section. 15. 'Planned Unit Development (PUD)" - A type of development characterized by a unified site design for a number of residential dwelling units or non-residential sites on a parcel, whether for sale, rent, or lease, often involving clustering of units or sites to provide areas of common open space or a mixture of structure types and land uses. Two types of PUD are provided for in the zoning code: ORONO CC 376-3 (2-24-92) n j ^ L r\ ^ ' -t ^\___/ r~^-^-zj ‘^^i> <•' ! #/ i/ /| soo*oro7"w 113.71 ------- I V....- L%no SiaT') j.iv\S ^). M' / /^ > ii ^>, y 257.70 iisitsM®* \0 Ih! KArt^ rbrf. 4d:^?T2.^ K' UlLA>(:. ('p>li5KP Vl6!<^&J^A (^ po'Xf^ V4t)(2>E>!>^ ^',\^|ffg^i4l.lii^l Art' &- ^riiJ(> u KI llhll tli^' fATT^ C u uv^v \ !l ii -1 f 1 * % i ? ,i lk>i'. ■ Iiih . ^1 jt~;a:.- .. 1 I I ->.-■■^nfl« from : S 3 CONSULTING Fm NO. : 763 546 3500 eUH<l< PltLM h HJUH^ Jul. 19 2001 02:04PN P3 00*5'3,«« 30,59 8 BAfvocoaeio 7L<)43 Z,5T.\ V\ar A Obocr "'Z. 94 *«,4 l*J ^M.STZ //,40i4>6»i€A - 2.TO C/ / 5^5 i*^4iAC 111 iv tfn 'artl^ ftTirinniT] from : s 3 CONSULTING FAX NO. : 763 546 3500 SETBACK taSE: (OKU ONE) A. Uana* mABDCOVEklNtONE o — Jul. 19 2001 02:03PM P2 C T otal ^topeH-y X MM 5./: X m JLP. X sz J./. A. Oaroft X */: C. M wmmv ,X S.F. X S.F. fl. adtmlk X S.F. X ~S.F. t. Prnlamaek X <410 S.F. X ^SF. F. LMduapt X S.P. VHdtrUUt X =5.F. BfKMOte X m S.P. OrAMe % 0. M kt X *1^6 S.f. TOTAL HARDCOVER IS ZONE •7 Z Z. ^ S.F. TOTAL PMOPaorAMEA mtoSE •S.Jf. A ^ ^ 2 <41. ^ro7 ;t;oo IL. <•% napasFD MAMDCOVKM IN ZONK A. Hauu X •0 S.F. £M|M X S.F. X m S.F. X =S.F. B. Ccrm X •EF. C. DrI- <MWv*X f m.zr» &0 S.F X m EF D. SUfuttO:X •«7fe S.F.. X «sr '■ e. Palia/D*a.X s w /o S.F. X m S.F. P. lAHdicmJt . _X • S 5 IZ S.F. OMcfkin X s S.F. BvPbatie X M S.F. Or Fabric • 0. Ot/irr X •SE. TOTAL NABDCOVEKISZOSP ATOTAL monmAREA IN ZONE •a3.«o7EF. A 7.5*1___+1 MiJ. 507 .tlflO •_ n«^.% TOTFL P.03 n i*-' -s # ;F-r-' ^ ^ RUN DATE tA/2a/tI BATCH SIB NCHNCflN COUNTY PROfCRTV INFOttlATION SYSTEN fROPERTY OUNERS LIST REPORT NO. PIBSSBil PACE 4B PROP AODi OWNER NANE TAXPAYER NANE/ADDR 5B B7-I17-2S 14 BtSB •IBSB LONA LINDA AVE L A HUINKER B 6 W WOLLNER LORI A NUINKER GARY H WOLLNER IBSB LONA LINDA DR NN 55344 SB B7-117-2S 14 BB5B BIB4S NORTH ARN DR ROGER J ILLIES ROGER J ILLIES IB4S NORTH ARN DR HOUND HN S5S44 SB B7-II7-2S 14 M7B BBBBB LONA LINDA AVE R E WINKLER B N E WINKLER RAYIR)ND E WINKLER 4BB LONA LINDA AVE HOUND HN 55S44 PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR SB B7-117-2S 14 BB71 BIBBB LOHA LINDA AVE HARY A ULRICH HARY A ULRICH IBBB LOHA LINDA AVE HOUND HN 55344 TOTAL BATCH SIB BBB22 ■i ) •( ) ) J f )I CCRTIFV THAT THE FACTS REMIESENTCO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE REST i ) OF NY KNOWLEDGE AND BELIEF. DATE m RUN DATE tA/26/01 BATCH Sit HENNEPIN COUNTY PROPERTY INPORNATION SVBTEN PROPERTY OWNERS LIST REPORT NO. PlASS^Ol PACE A7 PROP ADOR OUNER NAHE TAXPAYER NANE/AODR SO 11 RMS tOlOt FOREST LAKE DR L L GOLDEN t T D GOLDEN LYNN L I TINOTHY D GOLDEN Oiat FOREST LAKE DR HOUND HN 50 RT-ilT-ZS 11 tORO RRR7R FOREST ARNS LA C J LANGE/R A LANGE TRUSTEES C JANEU I RUTH A LANGE R7R FOREST ARHS LA HOUND HN SSSOO SO R7-117-2S 11 RRRR RA175 FOREST LAKE DR T I S THEISEN TNOHAS J THEISEN 0175 FOREST LK DR HOUND HN 55SA0 .III! 1 0 20l)i PROP ADOR OWNER NAHE TAXPAYER NANE/ADOR 50 R7-117-25 11 RRR7 R0155 FOREST LAKE DR FREDERICK J YOUNG FREDERICK J YOUNG 0155 FOREST LAKE OR ORONO HN 553R0 50 R7-117-2S 11 RRIO RROOR NORTN ARN OR G t J SPINNER 6 JANES B JUDITH SPINNER OOt N ARH DRIVE HOUND HN 55540 SO B7-117-25 11 M15 •lOSi NORTH ARH DR J T OLSON t C L OLSON JOHN T OLSON 05R NORTH ARH DR HOUND HN 55540 GUV Uh UiiONo PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR 30 07-117-25 11 0014 00900 NORTH ARH DR DOR BICKNELL * BRUCE A t RHONDA J BICKNELL 900 NORTH ARH OR HOUND HN 55544 50 07-117-25 11 0017 00994 NORTH ARH DR J H HEIDORN 0 J L HEIDORN JON H i JANENE L HEIDORN 994 NORTH ARH DR HOUND HN 55549 SO 07-117-25 11 OOlO 09000 DAHL RD H S SODHl ILL SODHl HANDEEP S A LEISA L SODHl 9000 DANL ROAD HN 55549 0019 PROP ADOR OWNER NAHE TAXPAYER NAHE/AODR SO 07-117-25 11 09070 DAHL RD T E DAHLQUIST/H A DAHLQUIST THOHAS E A HARY A DAHLRUIST 9070 DAHL RD HOUm HN 55549 50 07-117-25 11 09040 DAHL RD J A J NEVE JR JAHES P NEVE JR 9040 DAHL RD HOUND HN 55549 0020 50 07-117-25 11 0021 09090 DAHL RD JOHN L LEPPLA A WIFE JOHN L LEPPLA 9090 DAHL RD HOUND HN 55549 «i( 1 PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR SO 07-117-25 11 0022 09050 DAHL RD J N GILBERT A H H GILBERT JAHES H A HARY H GILBERT 9050 DANL RD HOUND HN 55549 50 07-117-25 19 0002 09025 DANL RD LARRY D HCLAIN LARRY D HCLAIN 9025 DAHL RD HOUND HN 55S49 50 07-117-25 19 0005 09055 DAHL RD WILLIAH J ROSETH HARIE E NALL 9055 DAHL RD HOUND HN 55549 ^10y..fi . r PROP ADDR OWNER NAHE TAXPAYER HAHf/ADOR SO 07-117-25 19 0010 01055 NORTH ARH DR ANDREA DAHL ANDREA DAHL 1055 NORTH ARH DR 50 07-117-25 19 0019 01095 NORTH ARH DR SALLY A RHYLICK SALLY A RHYLICK 1095 NORTN ARH DR HOUND HN 55S49 50 07-117-25 19 0020 01015 NORTH ARH OR R A L CONRAD RONALD C CONRAD 1015 NORTH ARH DR HOUND HN 55S49 0 V 4 idi TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorsc. City Administrator Wcnd\ Uottenbcrg, Zoning Administrator/PIanncr October 12. 2001 #01-2716 Brcnshcll Development 2200 Shadywood Road Variance -- Public Hearing Zoning District: LR- 1C One Family Lakcshorc Residential District (.5 acre) Actual Lot Area: 16.863 s.f. (.38 acres) Lkt of Exhibits A Analysis B Application C Site Plan/ Survey D Draft Minutes of 9/17/01 E Staff Report and E.xhibits of 9/17/01 Pertinent C ade Sections 1. Section 10.25, Subd. 6(B): Lot Area: The lot is 16.941 s.f. where 21.780 s.f is the niininuim lot area for the LR-IC zoning district. Lots of one acre or less serviced w ith public sanitary sew er and platted prior to the adoption of the zoning chapter are only required to meet 80% of the lot area requirement (17,424 s.f). 2. Section 10.25. Subd. 6(B): Lot Width: The lot is 52' wide where 100' is the minimum lot area for the LR-IC zoning district. Lots of one acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter arc only required to meet 80% of the lot w idth requirement (80'). 3. Section 10.22. Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250*: Within 75- 250’ of the shoreline there shall be no greater than 25% hardcover. To permit 2.641 s.f (27.8%) hardcover where 2.375 s.f (25%) is allowed. Application Summary : This application was tabled at the September 17. 2001 Planning Commission meeting in order for the applicant to redesign the proposed application to better adhere to City of Orono zoning ordinances. The applicant has submitted a new plan. The new proposal is to construct a two story residence with an attached garage. The e.xisting residence and detached garage w ill be demolished. The lot is served by sanitary sewer. This property was granted lot area and lot width variances for new construction by City Council on November 13, 2000. That owner has sold the property to the applicant and the applicant has a different site plan for the property. HOI-2716 Brenshell Homes 2200 ShaJ}MOod Road Variance 10/12/01 Page I Description of Request: The applicant has requested variances to permit construction of a new residence on the property: The new proposal still requires variances for lot area, lot width and hardcover in 75-250' setback area, fhe plan moves the residence back on the property, reduces the size of the structure, and attaches the garage. Eliminating variances for average lakeshore setback, hardcover in 250-500' setback area and structural lot coverage. • Hardcover in the 75-250' setback area: Propo.sed to be 2,641 s.f. (27.8%). The proposal e.xceeds the 25% hardcover allowed by Orono ordinance for new construction by 266 s.f. (2.8%). The entire structure (house, garage, walkway, deck and porch) is located within the 75-250' setback area. Discussion: The proposed plan locates the new residence behind the average lakeshore setback. .All of the strueture is located within the 75-250' setback area. Massing occurs to the back portion of the setback area. The structure is 1,947 s.f. (11.5%) which is well below the allowed 15%. The residence is not over built for the lot. If the applicant were to move the residence even further back on the property t'' meet hardcover requirements in the 75-250' setback area a couple things would happen: • The average lakeshore setback would change for the adjacent properties. If adjacent properties decide to redevelop they would need to be located further back on the property than currently exist. A domino would occur, w ith each new residence being required to locate further back on the lot and closer to Shady wood Road. Do we w'ant residences to be located closer to Shadywood Road'.’ The proposed location keeps the new residence in character with the neighborhood and minimizes the domino effect. • Hardcover in the 75-250' setback area is over the allowed 25®/b. To reduce this to the required 25%, approximately 260 s.f. of hardcover w'ould need to be placed in the 250-500' setback area. By doing this, it would increase the hardcover amount in that area to about 3 l“/b. above the allowed amount and therefore requiring a variance. Because the 250' line bisects the driveway apron, moving the house back 8.6' would reduce the 75-250' hardcover by 260 s.f. but this does not eliminate the need to have driveway to serve all 3 stalls, and driveway is already minimized. UOI-2716 Brenshell Homes 2200 Shadywood Road I'ariance 10 12 01 Page 2 Drainage: The applicant did submit a drainage plan with the application. It has been submitted to the City engineer. As of this writing commems had not been received. A drainage plan needs to be approved by city staff prior to City Council review of this application. The applicant is proposing to gutter the entire structure to control water runoff. Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1.Parking is not allowed along Shadywood Road. Ample space is needed on the property for parking. 2. 3. The lot has an existing residence on the property. The properties surrounding the applicant ’s lot are also undersized and most do not meet the required area in the zoning district. Most neighboring lots are 50* wide. Most neighboring lots to the northwest are larger, however (see plat map). 4. 5. The proposed development does conform to yard setback requirements. The lot is provided with sanitary sewer. 6. Does Plaiming Commission have any additional issues or concerns with this proposal? Staff Recommendation: Staff recommends approval of the variances w ith the following condition: Prior to going forward to City Council the drainage/grading plan must be approved by city staff. t»OI-27l6 Brenshell Homes 2200 Shadywood Road Variance 10/12/01 Pages A ANALYSIS Structural Coverage Total Lot Size Total Structural Coverage Percentage 16,863 s.f.Existing: 1,854 s.f. Proposed: 1,947 s.f 11.0% 11.5% Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover 0*75'3,810 s.f 236 s.f (6.19%) Os.f (0%) 0 s.f (0%) 75-250*9500 s.f 1,563.5 s.f (16.45%) 2,375.47 s.f (25%) 2,641 s.f (27.8%) 250-500*3,553 s.f 2,156 s.f (60.74%) 1,066 s.f (30%) 893 s.f (25.1%) CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) AppUcatioii U 0/~ Date Recch'cd Amount Paid PROPERTY INFORxMATION Site Address S“K er (P.ro.) E*(. Property Identiflcation Number (P. Attach legal description to ^plication if not included on required survey. Date Pn^rty Acquired f f / Q j I (do)also own the adjacent parcels of land. .(month/year) Present use of property: V*residential Zoning District:, other (specify) APPLIC^'J . . Phone (hoine)^^2o*'^^0-~^2^‘7 Name _________ Phone (work)-----------^ Address!T»0. ^oV| ^ « City: 100yyi^ If^Zip: OWTSER Name Address: iTR,<i^di^nt^tlu^ ^ Phone (home) / Irlr^cc* • __Citv:Zip: DESCRIPTION OF REQUEST ,_Estimat^ Describe request in detail: Estimate,d Construction Cost $ ____________ (attach additional sheets if necessary) VARIANCES REQUIRE!^ X Lot Area Lot Width X Setback: / Front 5^Hardcover Lot Coverage Other (specify) Side Rear .Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult}' or unusual property conditions pre^nting coj^pliance wjUj Zonyig Code requirements: ^piyv»v n . __________ 0 - - - ^ /V / # Attach additional sheets if necessary) #27 -I X 1 / / hardcover data SETBACK FROM OHW 0-75 75-250 / / 250+TOTAL HOUSE GARAGE WALKS DECKS PORCHS DRIVE TOTAL SF / S/fy. ^ei>. area n zone ALLOWED % PROPOSED 3810 100 / 230/ 3^ 2^1 ^500 ^ 25 30 2641S^27.8X 893SF/25.1X \ Ml mi 3553 16863 15 1947SF/11.5T. "•'t-'/A / / i>/// // / ^ / // <o / DECK / EXIST HOUSE // /o/^ / /i / // />. / 'o'l '/ / // DECI *> ' /i / *'v 7 deck / SANITARY SERVICE location unknown CITY HAS NO TES / !o / / /> ({941.3^5^1 N.' APPROXIMATE WATER SERV . (TIES REMOVED) -. \7 > / X. y A •v / ^‘1 <F /A; /SCALE FEET EXISTING SPOT ELEVATION. 'n- ' X(998.0) = PROPOSED SPOT ELEVATION ^ = DIRECTION SURFACE DRAINAGE >>s/ PROPOSED ELEVATIONS^ GARAGE FL00R=942.0 TOP OF FOUNDATION =942.5 LOWEST FL00R=934.5 LEGAL DESCRIPTION: LOT 13. BLOCK 1. WILEY' S PARK MINNETONKA HENNEPIN COUNTY, MN. lot area = 16863 SF/ 0.379 AC SURVEY WFO PER EFN SURVEY DATED 9/20/2000 NO mE^O WAS PROVDED FOR TH6 SURVEY r*:nr: ri;m FEET ING SPOT ELEVATION. OSED SPOT ELEVATION TION SURFACE DRAINAGE IPTION: ZK 1 K MINNETONKA JNTY, MN. 563 SF/ 0.379 AC EFN SURVEY DATED 9/20/2000 PROVOED FOR THIS SURVEY '/// / // <0 / DECK / exist house / *o/J /•<yd /n / /X / // / 7 fj A 'deck / ••x. s./ /i 7 deck / SANITARY SERVICE LOCATION UNKNOWN CITY HAS NO TES / '<7 / / APPROXIMATE •• WATER SERV \(TIES REMOVED) - / \/ ' \7 X > 30 90 *•* yv V J. -' <e-. // / SCALE IN FEET - -V 5»»'“= EXISTING SPOT ELEVATION. /■' ,^vi X X(998.0) = PROPOSED SPOT ELEVATION ^ • = DIRECTION SURFACE DRAINAGE V. PROPOSED ELEVATIONS' GARAGE FLOOR=942.0 TOP OF FOUNDATION =942.5 LOWEST FL00R=934.5 FFE = 943.5 LEGAL DESCRIPTION: LOT 13. BLOCK 1, WILEY' S PARK MINNETONKA HENNEPIN COUNTY, MN. LOT AREA = 16863 SF/ 0.379 AC SURVEY INFO PER EFN SURVEY DATED 9/20/2000 NO TITLE INFO WAS PROVIDED FOR THIS SURVEY PHOJeCI NO. DAtE AUG 22. 2001 BOOK PACE ||PT 10^ OCT 1. 01 VEV WAS PREPARE!) VISION AND I ICREBY CERTFT THAT BY ME OR Ulto MY OfCCT THAT I AM a Jcm I.Y RGIKTCRCD VI^IO SURVEYOR UNDER TIAUAWS OFfTPC STATE, OF MMNESOTA. CERTIFICATE OF SURVEY BRENSHELL HOMES Land Frank R. Cardarelle Surveyor 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, iFOt-.-i'11(-' 'TyeM b piji.-ivMTjr-vft^ (#9) #01-2 7:54 p.in. - Steve Behn The Certifi Bottenberg and detachi detached g: Variances a lot coveragi Bottenberg has revised reduced. B< Behnke stat Hawn statec Behnke stat added basec the lot area. not required been reduce Lindquist in Behnke stata Mabusth inq and the drivi MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (#9) MU-2716 BRENSHELL DEVELOPMENT, 2200 SHADYWOOD ROAD, VARIANCES, 7:54 p.m. - 8:16 p.m. Steve Behnke, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is proposing to construct a new two-story, three bedroom residence and detached garage on the lot. The lot is served by sanitary sewer and currently has a house and detached garage on it. Variances are required for lot area, lot width, hardcover in the 75-250’, hardcover in the 250-500’, and lot coverage. Bottenberg stated Staff is recommending denial of this proposal. Bottenberg indicated the Applicant has revised the plan, which Staff currently does not have, with hardcover and structural coverage being reduced. Bottenberg stated the revised plan is not before the Planning Commission tonight. Behnke stated he revised the plan and did attempt to fax it to the City last week. Hawn stated Staff really needs to review the plan prior to the meeting. Behnke stated what he previously submitted was reviewed by Staff, with various variance items being added based on what was being proposed. Behnke stated this is a substandard lot, with the request for the lot area and lot width variances still being required. The hardcover in the 75-250’ setback area is not required under the revised plan. Behnke stated the hardcover in the 250-500’ setback area has been reduced. Lindquist inquired whether a variance is still required in the 250-500’ setback area. Behnke stated a variance would still be required Mabusth inquired whether the hardcover was reduced in that area by reducing the size of the garage and the driveway. PAGE 16 n I MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o*clock p.m. Behnke stated that is correct. The size of the structure has been reduced in the 75-250* area, with the paving and the size of the structure being reduced in the 250-500 ’ area. Behnke stated there is an existing driveway entrance at the extreme south edge of the property as it abuts Shadywood Road, which is not proposed to be changed. The site plan creates an auto port, which allows the car to turn around and avoid backing onto Shadywood. Behnke stated in his view there are four elements of hardship in this case consisting of, one, the existing driveway entrance and the fact that Shadywood is a very busy street; two, the need for a turnaround space to avoid backing out onto Shadywood Road; three, a need for a triple car garage to provide ample storage; and four, retaining the existing vegetation along Shadywood, which currently consists of a dense hedge. Behnke noted the structural coverage has been reduced to 16.2 percent. Hawn indicated the Planning Commission typically does not grant variances to structural coverage on new construction. Stoddard inquired what the hardcover would be in the 2S0-S00 ’ area. Behnke stated hardcover has been reduced to 58.5 percent. Hawn commented in her view the Planning Commission and Staff will still need to review the plan prior to voting on it. Hawn suggested the Applicant consider eliminating the third stall of the garage. Behnke stated the only way in his view that it will be possible to meet the hardcover requirements in the 250-S00 ’ area is to reduce the garage to a two-stall garage, locate it on the setback, and have a 16 foot driveway with no turnaround. Behnke stated in his view that creates a traffic hazard. Hawn stated the Planning Commission does sometimes allow additional hardcover in order to address certain safety issues. Behnke stated it appears the water goes to the right of the property and they are looking at their options for drainage. PAGE 17 . f 5 I MINUTES OF THE ORONO PLANNING COMMISSION Mooday, Scptcnbcr 17,2001 6:30 o’clock p.m. Barry Bennett, 2209 Shadywood Road, indicated he welcomes new development to the area which will add value to the neighborhood. Bennett requested the Planning Commission require the Applicant comply with the standards of the neighborhood, noting this home is significantly larger than the homes in the area. Bennett stated he would like a string test from the adjacent property to the north and his property, this home does not conform with the standard. Bennett stated the revised proposal has the house situated even closer to the lake, which definitely does not conform with the standard for the area. Bennett stated he would like the residence moved back closer to Shadywood Road. In addition, Bennett indicated he does have water concerns since his property handles much of the water runoff for this area. Bennett stated in his view the hardcover standards should also be adhered to as well as asbestos removal standards due to the fact that the current siding on the home contains asbestos. Ronald Potas, 2190 Shadywood Road, stated he has the same concerns as expressed by Bennett. Potas stated the proposed house is located 13 feet closer to the lake than the other homes in the neighborhood. Hawn noted the revised plan does have the house located further back towards the road. Hawn stated she would like Staff to work with the Applicant in order to have the residence conform more to the neighborhood. Timothy Hulst, 2205 Shadywood Road, stated he would like the house to conform to the standards in order to help preserve his view of the lake as well. Hulst stated he has concerns regarding the width of the proposed structure, noting this is a narrow lot. Hawn noted the Applicant is not requesting any setback variances. Richard Schiitgen, 2213 Shadywood Road, stated in his view the size of the house is too large for the property and should be reduced and built within the standards of the neighborhood. PAGE 18 MINITTES OF THE ORONO PLANNING COMMISSION Moaday, September 17,2001 6:30 o'clock p.m. Behnke stated the proposed structure does meet the standards for the 75-250’ setback area, with the 250-500’ area being an issue. Behnke noted they are currently 208 square feet over the structural coverage limit in that area, and that possibly the garage could be reduced somewhat. Hawn reiterated the Planning Commission would consider additional hardcover if safety issues are demonstrated, but that Staff will need to review the plan prior to the Planning Commission taking any action on this application tonight. It was the consensus of the Planning Commission that they would prefer that Staff has an opportunity to review the plan prior to the Planning Commission acting on the application tonight. Behnke requested his application be tabled. Hawn moved, Mabusth seconded, to table Application #01-2716, Brenshell Development, 2200 Sbadywood Road, to allow the Applicant time to submit bis revised plan for Staff review. VOTE: Ayes 7, Nays 0. IHEDULEO PUBLIC HEARING, 8:00 p.m. (#14) #im^l8 PROPOSED ZONING CODE AMENDMENT, SECTION 10.03, FENCE STANDARDS Hawn inquired whether tMsq^ere any members of the audience who would like to speak on this issue. There were no public comments regarding this^atter. Hawn stated it is the desire of the Planning Commisshsqto discuss this matter in a work session prior to taking any formal action tonight. Hawn recommended thisitem be tabled. Hawn moved, Lindquist seconded, to table Application #01-2718, fVaposed Zoning Code Amendment, Section 10.03, Fence Standards. VOTE: Ayes 7, Nays 0. PAGE 19 TO; FROM: DATE; SUBJECT; Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner September 14,2001 ^01-2716 Brensheil Development 2200 Shad>-wood Road Variance -- Public Hearing Zoning District: LR-1C Actual Lot Area: 16,863 s.f. (.38 acres) List of Exhibits A Analysis B Application C Site Plan/ Survey D Floor Plans E Elevations F Grading Plan G Summary of Adjacent Property Ow ner Concerns H Photo of Property 1 Location Map J Plat Map K Property Owner’s List Pertinent Code Sections 1. Section 10.25, Subd. 6(B): Lot Area: The lot is 16.941 s.f. where 21,780 s.f is the minimum lot area for the LR-IC zoning district. Lots of one acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter are only required to meet 80% of the lot area requirement (17,424 s.f). 2. Section 10.25, Subd. 6(B): Lot Width: The lot is 52' wide where 100’ is the minimum lot area for the LR-IC zoning district. Lots of one acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter are only required to meet 80% of the lot width requirement (80') 3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250': Within 75- 250 ’ of the shoreline there shall be no greater than 25% hardcover. To permit 2,424 s.f (25.5%) hardcover where 2,375 s.f (25%) is allowed. 4. Section 10.22, Subd. 2 and Section 10.56. Subd. 16 (L)(2): Hardcover in 250-500': Within 250- 500' of the shoreline there shall be no greater than 30% hardcover. To permit 2,106 s.f (59.3 %) hardcover where 1,066 s.f (30%) is allowed. 5. Section 10.03, Subdivision 14 (C): Lot Coverage: In all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 2,789 s.f (16.5%) structural lot coverage where 2,529.46 s.f (15%) is allowed. aOI-2716 Brensheil Homes 2200 Shadynood Road , I’arlance 9 N'200l Page / Application Summary: The applicant is proposing to construct a two story, 3 bedroom residence and detached garage on the lot The lot is served by sanitary sewer and currently has a house and detached garage on it. This property was granted lot area and lot width variances for new construction by City Council on November 13, 2000. That owner has sold the property to the applicant and the applicant has a slightly different site plan for the property. Description of Request: The applicant has requested variances to permit construction of a new residence and detached garage on the property: Structural lot coverage: Proposed to be 2.789 s.f (16.5%). The proposal exceed the 15% allowed by Orono ordinance for new construction by 260 s.f. Residence - 1743 s.f Garage-750 s.f Covered porches-296 s.f. Hardcover in the 75-250 ’ setback area: Proposed to be 2,424 s.f (25.5%). The proposal exceeds the 25% hardcover allowed by Orono ordinance for new construction by 49 s.f. Residence, porches-2,039 s.f Deck - 200 s.f Sidewalk-185 s.f Hardcover in the 250-500 ’ setback area: Proposed to be 2,1 06 s.f (59.3%). The proposal exceeds the 30% hardcover allowed by Orono ordinance for new construction by 1,040 s.f. Detached garage-750 s.f Sidewalk-60 s.f Driveway-1,296 s.f Total e.xcessive hardcover proposed is 1,089 s.f Average lakeshore setback: Two scenarios for defining the average setback line: Both encroach into the average lakeshore setback. 1. Using the front of the adjacent residence to the north and the deck on the adjacent residence to the south. The proposed residence encroaches 12 ’ into the average lakeshore setback in this scenario. (See Exhibit C) 2. Using the 8’ privacy fence on the deck of the adjacent residence to the north and the deck on the adjacent residence to the south. The proposed residence encroaches 6’ into the average lakeshore setback in this scenario. (See E.\hibit C) U0I-27I6 Brenshell Homes 2200 Shadywood Road Variance 9/N/200! Page! Ji A Detached Garage: The detached garage is proposed to be 750 s.f. It will be located 10.4' from the side lot line on the east, 12.4' and 13' from the side lot line on the west and 30' from the rear (street) lot line. The doors will face the street and meet the 30' setback requirement for street facing doors. While this proposal provides substantial off-street parking and a backup apron, the 3-stall garage seems excessive given the hardcover limitation of the site.... Drainage: The applicant did submit a drainage plan with the application. The applicant has stated a more detailed plan is being prepared. Once completed and submitted the City engineer wilt rev iew it and submit comments. A drainage plan needs to be approved prior to City Council review of this application. Neighborhood Issues: An adjacent neighbor did speak with staff regarding this proposal. The concerns were discussed and a summary is provided in E.xhibit F. Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Discussion: The City in recent years has held steadfast to the hardcover and structural coverage limits for new construction. Because the proposed sidewalk is only 2' wide, moving the house back to meet the average setback will not have a significant impact of reducing hardcover. If the house was moved back, reduced in size, and th^ garage reduced to 2 sta"s with a commensurate reduction in driveway apron area, perhaps a modest 250-500' hardcover variance would be justifiable. Issues for Consideration: 1, The detached garage meets all side yard and rear yard setbacks. 3. 4. The lot has an existing residence on the property. The properties surrounding the applicant’s lot are also undersized and most do not meet the required area in the zoning district. Most neighboring lots are 50' wide. Most neighboring lots to the northwest are larger, however (see plat map). The applicant’s proposal does not meet City ordinances for new construction regarding structural lot coverage, hardcover and average lakeshore setback. 5. The proposed development would conform to v ard setback requirements. ^01 •2716 Brenshell Homes 2200 Shadywood Road Variance 9/14/200 1 Page 2 r 6. The lot is provided with sanitary sewer. 7. The existing garage doors do not face the street. The proposed garage door face the street. Should the garage be rotated to reduce the hardcover in the 250-500 ’ setback zone? Would this result in inadequate back-up apron space, or too little useful off-street parking? Or, should the garage be reduced in size? 8. Does Planning Commission have any additional issues or concerns with this proposal? Staff Recommendation: Based on city regulations staff recommends denial of this application for the following reasons: 1. The residence does not meet 15% structural lot coverage requirement for new construction. 2. The residence does not meet 25% hardcove- requirement for new construction in the 75-250' setback zone. 3. For this proposed new construction, there is no hardship demonstrated that justifies the hardcover and structural coverage variances. The lot can be developed meeting all city standards. Options for Action: 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table, giving applicant direction. 4. Other action. Wl-2716 Brenshell Homes 2200 Shadywood Road Variance 9/N 2001 Page 4 r -la.n ANALYSIS Structural Coverage Total Lot Size Total Structural Coverage Percentage 16,863 s.f. % Existing: 1,854 s.f. Proposed: 2,789s.f 11.0% 16.5% Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover 0-75*3,810 s.f 236 s.f (6.19%) Os.f (0%) 0 s.f (0%) 75-250 ’9500 s.f 1,563.5 s.f (16.45%) 2,37>.47 s.f (25%) 2,424 s.f (25.5%) 250-500'3,553 s.f 2,156 s.f (60.74%) 1,066 s.f (30%) 2,106 s.f (59.3%) i; II i CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application H Of' Date Received Amount Paid PROPERTY INFORMATION Site Address er (P.ft).)Property Identification Number (P.r Attach legal description to ^plication if not included on required survey. Date Pre^rty Acquired C^f t j______________________________ 1 (do) ao^ also own the adjacent parcels of land. .(month/year) Present use of property: V^residential Zoning District:_________ _______ other (specify) APPLICANT Name*^U^ AddressHp-O. Qov I ^ Phone (home) ^ 8^0 ____ Phone (work) CiiY:J0t>Kyt IIJ Zip: 0\\TsTR,4^Jfferent^^^^y^ Phone (home) "^CO ] Address: I _________ Zip:Address: DESCRIPTION OF REQUEST ^Estimafjd Cons Describe request in detail: Construction Cost S_^____________ (attach additional sheets if necessarv ) VARIANCES REQUIRE Lot Area X Setback: Other (specify) Hardcover Rear YtLot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difftcultv' or unusual pr^erty conditions pre^nting compliance Zonipg Code requirements:qV&vK. ._____ - - ■ ^ ^__________________ ^ttach additional sheets if necessary) ClYtA, ^ c/y<.^ #27 ii1 O n REQUIRED SUBMITTALS All,.of thy following information must be submitted bv the application dgadline |n order for vour application to be conridered fnmplftp; I 2, 5 6, 7, 8. Completed Application Form CertifiecI Prope^ OwTiers List of oumers within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (I) copy 8'/i" .\ II" for reproduction. Topographic survey (e.xisting and proposed elevations) if any changes in existing grade are proposed. In addition, pro\ide one (1) copy 8'/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x 11"). List of the legal names (include marital status) of all persons with’an interest in the property’. This would include name(s) of applicant(s) if not current owTier(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staft'. The Applicant^ and Property Owner must sign this application. Please remember that your variance application is not complt»iy if the above information has not hppn includgd. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (statT time not covered by original fee payment) and/or consultant expet>ses incurr/3^ of this application, and cenifies that the information supplied i^true) an»^A:yrre^ ly t{iy best of nisTier knowledge. Applicant’s Signature Date K/2-iJoI OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry ’ onto the property by City staff, consultants, agents. Commission members, and Council oses^^i h• • Applicant must hav(j all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month.^ Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. flj rrrvv’ . j li r HAROCOVCll DATA SCTBACK moy onw 0-7S 75-250 / / / 250* . 0 ■» *•. TOTAL Mouse 0 1743 1743 CAflAGC 0 0 / 750 750 WALKS 0 105 •0 0 OCCKS 0 200/0 0 PQRCHS 0 0 299 oeivc 0 1299 0 TOTAL Sr 0 2^«2109 2789 AREA M Z0»€3010 9500 3553 19893 AUOWCD X 0 / ”30 IS peof>osco 0 2424^/255%2109ST/59 3X 2789^ SCALE IN FEET <<*'' « EXISTMC SPOT ELEVATION. X(998.0) - PROPOSED SPOT ELEVATION ^ - OBECTION SORT ACE CRANAGE PROPOSED ELEVATIONS GARAGE FLOOR-943.0 TOP OF FOUNDATION -940.0 LOWEST FLOOR-932.0 LEGAL DESCRIPTION: LOT 13. BLOCK 1. WILEY' S PARK MINNETONKA HENNEPIN COUNTY. MN. lot area - >6863 SF/ 0 379 AC SURVEY *fQ PER EFN SURVEY DATED 9'20/2000 NO title NFO was PROVCCO F0(i THS SURVEY MOUICI NO HXm. CERTIFICATE OF SURVEYAUC 22. 200) ■**~*“S£PT 10.01 rwA«<i ^SJgaEftWC m 4MA__________ BRENSHELL HOMES a_ Lend Frank R. CardaraUe Surveyor 6440 FLYWe aOUO DRIVE EDEN PRAWE, "RecL'l "a (“lei ■irci-iPliC? i \ I / /I rt I irs /I 11 IM It I IS mmm Street frort (Wc:a Elevation)5out^ Elevation 1 •3 in r 5MADTWC7C?P- F-OM) (U63XR IV. % V, LOIifcAiy-'' AI<E MmnET<3M<A (CRTSTAU BAT) T^cc'fi 0/nIol •On-jWilc 1 i Application #01-?" 16 Brenshell Homes Site: 2200 Shadywood Road Barry Bennett, 2208 Shadywood Road, an adjacent neighbor stopped by city offices on Thursday, September I?* and talked with city staff regarding issues and concerns with the proposed project. They are as follows: 1. He is pleased and happy a new residence will be built. The existing structure has burned and is deteriorating. 2. The new residence and garage should meet standards for neighborhood zoning regulations. 3. The siding on the existing residence has asbestos siding and removal should be done according to state guidelines. 4. The placement of the new residence should be behind the average lakeshore setback, not obstructing lake views of neighbors. 5. Drainage is a concern with the property. The lake side drains to the adjacent properties and pools of water collect on other properties. Does understand that grading within 75' of the lakeshore is not allowed and this problem is minor. However, the back portion of the lot drains into his basement during rains. He suggested swales or cathc basins be part of the drainage plan and maybe a gutter system be installed on the house because of the pitch and height of the new roof. r- A '• • -% Zr.1 *v-rk V ^1 -V l>4'm -mm fTT- - .‘■nfn|M ft-'V^-.'•'.-rss"^^r4’« < -jal^- , > ■^''sI^^Sb^ ^ ‘ '^^CSe -/r' *'' i..v'’;sa*»-:..-r- Jwfev^ ~ jt-\jgi<ir«^#«iM—M ^•:v- : ..' w^• *i ..»<»•O'’’* '• '• ’ >.;</•?.5'.; . * • '. ft. • ^'“ .^ ' ’ •. "' - -vft?^' • •' •*1 *•* v-r-v •\ . I-C-'-J, ;j.v :> f. .*.* ••.•'■':* 4» ■ * *• - - ^ •-V • (» •V • • • i.• • !.V • ‘ ^ *** .* ▼ . * . . — # • ^ ^ • ♦ » ' « i,V« r" ‘ /sV' 'T* . .-. . . "-ft ■•^•V:,v4- .* w '•• • ivV;5i'--'-.'^’.*•'. i- •* ' _____’. * ' - 4 ^ •■ k • ..« • V.*. ^ ;•. V"’•.••»„, w. ^ • ' . • • • •• -• «t ' • V? il t. .1. * Nort \ CU te./ V r. \/^yForest I* /§ ^ iwiioviwrLli '' \ f^’Oxwe _____. ; Afa!rw(»:7 >\> ' ». r • • • •W * »• “ . Skogsberg Point 2**-. * 2 ' i' 'Q - ORONO''= Arm \ J600 7 oorf /*«n/ PEERING Crystal I • • Ba^ ; 8UOO«f U] p^^LAND FasirnessPoin, ------------- Tolo S«S^/ 40(5 jrt ^twtM *Wli C»TtT.)l *7uw|»«roa inotACNU^ Spring Park I Bay <3,\ SHORELINE o s ITMC lT*w iSjD \ ,24Cf «0UK,„'-'-'ri omrno / "Kr '*!’// Carman / Point 1 fir c^GOOSE ''—ISLAND XA*C0 SHADY xn SPRAY >s: - . r ll-Hl' 33 8 lS!_5Q_5Q_J0~HIiLJ(L_5Q_ar.SQ._5Q_i0Z!sQJ u.50.l5a_afl-JQ ■ M { M. ^ -20 M7 ■ s 1 a S ^ ~ a ‘^3*'. St s0«sa?{S a2pj ,flO») sA jS% » * ? ”i3 l” 1^ Iff- lP Iff^ tff- Jo” 2 ” 77^1^ 7**”' **” ’* J2J >419^1^ **** (»V J Ij^M) 5{!=3(J4) (3!) .{1»0J (U8J(40)^ ' (»»> - a ’*^'|(J1)|V*I 5 0 gQ SQ SQ SQ. SO ^ 5Q^_5Q__M^Q«5Q —5flL LIVINGSTON AVE *50 0391^ ,0®2^ 50 5Q M sa ■in*;.' M M> 8fl'/**^ '^\ ^ 1 ' ■ . I . . ' . i ^ ; 1 X .*• i'- ) .•; ' Smooth Feed Sheets''**Use template for 5160® 38 17 11723 42 0002 Richard Lee Kokesh 2232 Shadywood Rd. Wayzata, hIN 55391 38 17 117 23 42 0003 S. Griffin & T. Ferguson 2224 Shadywood Rd. Wayzata, MN 55391 38 17 117 23 42 0004 S. A. Keefe & W. R. Keefe 2216 Shadywood Rd. Wayzata, MN 55391 38 17 117 23 42 0005 Barry L. & Mary Ellen Bennett 2208 Sbadywood Rd. Wayzata, MN 55391 38 17 117 23 42 0006 Roger A. Anderson 2200 Shad>*wood Rd. Wayzata, NIN 55391 38 17 117 23 42 0007 Ronald F. Potas 2190 Shadywood Rd. Wayzata, MN 55391 38 17 117 23 42 0008 Georgina L. Hackney 2184 Shadywood Rd. Wayzata, MN 55391 38 17 117 23 42 0009 Curtis Anderson 2178 Shad\'vvood Rd. Wayzata, \IN 55391 38 17 117 23 43 0132 Richard & Meredith Schiltgcn 2213 Shadywood Rd. Wayzata, MN 55391 38 17 11723 43 0133 Timothy D. & Denise D. Hulst 2205 Shadywood Rd. Wayzata, MN 55391 38 17 117 23 43 0134 Collin F. Reese 2199 Shad\'wood Rd. Wayzata, NIN 55391 38 17 117 23 43 0135 John H. Anderson 2195 Shadywood Rd. Wayzata, MN 55391 38 17117 23 43 0143 Georgia J. Spaulding P.O. Box 31 Spring Park, MN 55384 38 17 117 23 43 0144 P.A. Doneland & S. R. Merz 2229 ShadNwood Rd. Wayzata, NIN 55391 • AVERY^ Address labels Laser 5960^ TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/PIanncr October 12, 2001 SUBJECT: #01-2707 Rob Hddington/Mark Larson 285 and 315 Crestview Avenue Vacation of Hill Street -- Public Hearing Zoning District: LR-1A Single Family Lakeshorc Residential District. 2 Acre, sewered. List of Exhibits A B C D E Application Site Plan/ Survey Portions previously vacated on Hill Street Location Map Property Owner ’s List Pertinent Ordinance: Section 10.12 Application Summary: The applicants are seeking approval to vacate 125 +_of that portion of the unimproved dedicated right-of-way of Hill Street which lies between 285 and 315 Ciestview Avenue. The right-of-way was originally dedicated in the plat of Bayside .Addition to Lake Minnetonka in 1912. Mil! Sueet is a 40' wide unimproved street right of way traversing Bayside Addition from east to west. Two previous requests to vacate poitions of Hill Street west of Crestview Avenue have been approved in the past. (Exhibit C). One of the petitioners. RobEddington. w ishes at some time to construct a garage on his property. The additional land acquired through the vacation of Hill Street would negate the need for a variance. Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The vacation doses not affect access to or use of any adjoining property. 2. The City has not and does not intend to de\elop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. KOl-2707 Eddington/Larson 285^315 Crestview Avenue Vacation 10/12/01 Page I 7 t ■i i It is slafTs opinion that these three conditions are applicable to the segment of Hill Street right-of- way adjacent to the Eddington and Larson properties. The Public Works Director has been asked to review the proposed vacation and agreed to proceed with the vacation finding no current or future public use for the 40 ’ right-of-way. Municipal sewer lines are not located within the unimproved right-of-way. The Public Works Director will ask for the dedication of a drainage and utility easement in exchange for the vacation. Rob Eddington, the owner of 315 Crestview Avenue, will gain 20' of the vacated right-of-way and Mark Larson, the owner of 285 Crestview Avenue, will gain 20' of the vacated right-of-way. Both owners shall be asked to execute the Drainage and Utility Easement. The gas, electric, telephone and cable t.v. utilities have been notified of this request. None ol the utilities notified had responded as of the writing of this report. Neither property will have their legal access affected by the vacation of Mill Street. Staff Recommendation To approve the vacation petition of Rob Eddington and Mark Larson for the vacation of a portion of unimproved Hill Street located adjacent to properties located at 285 and 315 Crestview Avenue. Approval of the vacation petition is subject to property owners granting a 10' drainage and utility easement within the vacated right-of-way. The location of the easement should be 5' either side of the new shared lot line. U0h2707 Eddington/'Larson 285/315 Crestview Avenue Vacation I0/J2/0I Page 2 ^ /SV2 CITY OF ORONO - Applkatioa# O'? Date Received Zlis/o | Amount Paid ^ GENERAL LAND USE APPLICATION C*mP t/xi/OI PROPERTY LOCATION _____ Site Address ll /__________ Type of Application to be Filed L/Acfr'Tro^U' Property Identification Number (P.I.D.) APPLlCANJ^b Phone(horoe)^4^-Z-^n-oetO Ic/jar^eryj ^____________ Phone (work) (j/L S*S6>3 LSI ________Zip f5lg3>5C^ Name Addr :anx ^ ess«l5j:^ OWNER (if ditTerent than applicant) Name _____________ Phone (homeX Phone (work)_ Address City Zip. Date Property Acquired (month/year) I (do) (do not) also owm the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duple.x Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) X $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 # 2- 7 y ‘7 1 CERTIFICATE OF SURVEY FOR ROB EDDINGTON OF LOTS 1 & 2. BLOCK 5,'bAYSIDE ADD. TO LAKE MTKA." AND ADJACENT VACATED HILL STREET HENNEPIN COUNTY. MINNESOTA LgCAL OESCRtPTION Of PREMISES,: Loti 1 and 2, Block 5. "Baysiae Addition to Lokt Minnetonka**. o : dtnoift iron morker Beoringt shown ore bosed upon an assigned dotin Lot orto ■ 15.030: Sq. ft. (ail in 500*1000 foot zone) bJ LU < UJ (/) on O This survey intends to show the boundories of the obove described property, the location of an eiistinq house and shed, the location of all visible **hordcover** and the proposed locotion of o proposed garoge thereon. It dots not purport to show any other irrprovoments or encroachments. CKOHBIRG k kSSKUm WC Maautni usuciimi I iwAf wttr M mqr •« tfmmmitmtimi «#■* lim Sri MI« • M|r M tii/mK «i M intjv mir IM ol ta SM* o( HrntMta yqrk S Crqi»»e liwwwte U5we HfiAsr 12755 SCMC 1--20* OATC 9-14-01 joe MO 01-360 01-366 B i 1I V T-«f-tOT-• W A® (II) 34S.88 (AS) 341.88iitr \ iOO : JJ8.25**•■; (5) ! 33 « i 1 100 1• ^.125 (13) 1 '(^ 0.1 2WV1 c ^ o 3 c a- 0 4S|; 4 • o |W^ L_ !? Ic 1 o ^1 Cr \(2sir^n mm s 1(5^5); S O '<« f. (611 ^ 5 ••• S — 8.5 8.25 Plat (ID —19 <(33)7g aa f25.25'^ (GO) 251.$ 125.25 (43)-':o yj 3 -* o ^ * S (56): s*4 i» g ^ (10) <->s o; 7 • I25.25 3( 'fviaT 297.8 •£ST BAYSIDC - Ei: 'S (CjovTinr^2634.13 RES ORONO ®lr5j __-sp^pi^ : m/ui CM NICN in.ciN sr 5' \ . . * . * • ■ \ ^ X 5 *®»«"»®«« - ^WPOTItOllomifa 5 S |u tOMCMIT *9^' ■^53»s«»* ___ 4 \ 400 'ATor/i ^Noeitaber AHL no "r %; Nftfk:-:?.' OtVMU lONCVIlW CM S . • *• • MM600N VAT ORO^ r* . . . .. » \ \ L -.• •• *•’ -i c. ^ • • • • •• \ \ I - •• • * • • •• •• * •: ' -W V ' • V-i*- • ^ ;• - • • ‘ • • • 4% ^ -v ‘ ‘ V • ] S>6'^ rncRCHUM M CNd&S ^“a /.-------1* ■OHMS S fOlNT S . LA tfC * % . • «t I • / Crystal ^%l- V : •* • • .•• » •.•.>r •: . Crystal Bay • « ^1 • . .•\. Lafayetis s • •> " ^ountry Cub • .*ZZZ Smooth Feed Sheets’'** 0511723140024 Mark R. Larson 285 CRESTVIEW AVE Long Lake, MN 55356 0511723140029 Chad Simmons 230 TONKA AVE Long Lake. MN 55356 0511723140039 Patrick J. Skeie 5710 North Arm Dr. Mound, MN 55364 0511723140055 Jeffrey S. Melby 240 CRESTVIEW AVE Long Lake, MN 55356 0511723140058 Douglas S. & Jan T. Humphrey 3300 BAYSIDE RD Long Lake, MN 55356 0511723130012 Robert F. & Wendy S. Anderson 3420 B.WSIDE RD Long Lake, MN 55356 0511723130029 Esther M. Addison 3382 Bayside Rd. Long Lake, MN 55356 0511723130051 Marlys McCarty 225 TONKA AVE Long Lake, MN 55356 0511723140018 Patty L. Clapp 290 CRESTVIEW AVE Long Lake, MN 55356 0511723140021 Michael L. McCall 5346 Piper Rd. Long Lake. MN 55356 i-P-lon 0SII723I4002S Mark R. Larson 285 CRESTVIEW AVE Long Lake, MN 55356 0511723140030 Robert & Tamara Eddington 315 CRESTVIEW AVE Long Lake, MN 55356 0511723140043 Thomas R. Betz 300 CRESTVIEW AVE Long Lake, MN 55356 0511723140056 John F. Lehmeyer 320 CRESTVIEW AVE Long Lake, MN 55356 0511723140061 Philip & Karen Skoog 280 TONKA AVE Long Lake, MN 55356 0511723130013 Todd M. & Marie T. Ziesmer 3440 BAYSIDE RD Long Lake, MN 55356 0511723130030 Daniel & Sandra Esters 3400 BAYSIDE RD Long Lake, MN 55356 0511723140009 Douglas & Shirley Nash 270 CRESTVIEW AVE Long Lake, MN 55356 0511723140019 Mark W. Hillstrom 235 CRESTVIEW AVE Long Lake, MN 55356 0511723140022 John C. Morgan 265 CRESTVIEW AVE Long Lake, MN 55356 Use template for 5160® E0511723140028 Gerald & Irene Briggs 250 TONKA AVE Long Lake, MN 55356 0511723140031 William Sullivan 8417 Regent Ave. N #105 Brooklyn Park, MN 55443 0511723140052 Barbara Joanne Huber 3390 BAYSIDE RD Long Lake, MN 55356 0511723140057 Thaddeus A. Allard 350 CRESTVIEW AVE Long Lake, MN 55356 0511723140062 W. L. Baert/ S. E. Speer 330 TONKA AVE Long Lake, MN 55356 0511723130028 Heniy & Rosie Sclimitz 295 TONKA AVE Long Lake, MN 55356 0511723130050 Mar>’ McCarty 245 TONKA AVE Long Lake, MN 55356 0511723140017 Doughlas & Shirley Nash 270 Crestview Ave. Long Lake. MN 55356 0511723140020 Gaiy F. Goll II 245 CRESTVIEW AVE Long Lake, MN 55356 0511723140023 Harold R. Hanson 275 CRESTVIEW AVE Long Lake. MN 55356 AVEny Address Labels Laser S960 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 12. 2001 SUBJECT: #01 -2720 Craig and Bev Miller 1325 Shoreline Drive Variance -- Public Hearing Zoaing District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 93,503 s.f. (2.147 acres) List of Exhibits A Application B Survey of Existing Residence C Photos of Property/Accessory Building D Location Map E Property Map F Property Owner’s List Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 130 ’ wide at the shoreline and 135 ’ wide at the 75’ setback where 200’ is the minimum lot width for the LR-1 A zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to w hich it is accessory. Application Summary: The applicants have recently purchased the subject property and are requesting a lot width variance and an accessory building variance to construct a new residence on the lot. The existing residence that was constructed in 1973 will be removed. A demolition permit had not yet been obtained as of this writing. A lot w idth variance is required due to the lot being 130’ wide where 200’ is required in the LR-1 A zoning district. An.accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (shed ) located on the property without a primary structure. The applicants have not submitted building plans for a new residence but they have indicated the accessory’ building is intended to remain. This lot is a lakcshcre lot and is sewered. UOl‘2720 Craig and Bev Miller 13625 Shoreline Drive Variance I0/I2'200l Page I !1 ■J ANALYSIS LR-IB Lot Area Lot Width Required 2 Acre 200* Actual 2.147 Acres 130* The subject lot conforms to lot area. Statement of Hardship; This is an existing lot which was platted prior to current zoning standards. Issues for Consideration; 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The detached accessory building is in good structural condition. 4. There is not a permit on file for the accessorj- structure, however it appears it has been there for many years, perhaps nearly as long as the house, which was built in 1973. Does the Planning Commission recommend the shed be removed since no hardcover is allowed in the 0-75 setback area? Can it be moved to a conforming location? What hardship justifies its continuation •»s a non-conforming structure? 5. Other issues raised by the Planning Commission. Staff Recommendation; Staff recommends approval of the lot area variance, and recommends that the shed be removed or moved to a conforming location. The applicants have not submitted a plan for the proposed residence. To obtain a building permit the new residence must meet all setbacks, hardcover and structural lot coverage requirements. UO 1^2720 Craig andBev Miller 1325 Shoreline Drive Variance 10^2/2001 Page 2 A Application # Ot^Zj’^O Date ReccKc^ Amount Paid >4^SO CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures 5250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATIpN Site Address ________________________________ Property Identification Number (P.I.D.) ^2-/l7-7.3 J</ OoU__________________ Attach legal description to application if not included on required survey. Date Property Acquired _____________________________________(month/year) I (do) (jo noj ) also Present use of prope.,^. ^ Zoning District: Present use of pro{»rty: \/ residential ___pother (specify)_ , ^CC'iy/ IS'r ^ i APPLICANT Name (Lra i q 0 rxl P-ie \J [M t Wef Address?^ OWTS'ER (if different than applicant) Name ____________ Phone (home ) ^ 5^,'j c| 1 ^r- U yc/ / Phone (work) cit^ Qfj.L(7 aiA Zip: l Address: Phone (home) Phone (work). City:Zip:. DESCRIPTION OF REQUEST Estimated Construction (Tost S____________ Describe request in detail: LoV\aJ.<\-VK at <Sk>cs-e la.^<i V?nii i^\t b>\CfL clocks net rncrg.r u/<dfK itional sh(attach additional ^eets if necessary) VARIANCES REQUIRED Lot Area v/ Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore j/ Other (specify) /jcctsso^y /r-/ytc*.yy^> HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Ac.r«» lor ' ________ . , y\o\->=>A prfiV h-r 4-hr /rf-f(^ ^<n(fnid5 ( (attach additional sheets if necessary*) ^ o O A • •• 1. 0 REQUIRED SUBi\UTTALS All Qf tht following infi>rmati9n mm ht submitted hv thr aoDlication d»ariiin«. ffirder for vour application to be con«iJ>r,d cnmpiptp. IMIT in __ Completed Application Form ---- Certified Propc^ Owners List of owTiers within 150’, labels and plat map (you mus hst, labels and map from Hennepin County Department of Finance, A-60 j , Govt Center, 348-5910). ---- Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (I) copy S'/z" x U" for reproduction. ---- Topographic survey (existing and proposed elevations) if any changes in existing grade are proiwsed. In addition, provide one (I) copy 8'/i" x 11" for reproduction ---- Sketches or plans of floor & elevation views (provide one (1) copy 8'/j" x 11"). ---- List ot the legal names (include marital status) of all persons with an interest in ^e property. This would include name(s) of appli. ant(s) if not current owner(s). ---- As an addendi^ to this application, please attach a separate list of any other persons you wish notified of this application. ---- Additional items as may be requested by City staff. j. 4. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vour vanante applKatlPn is not Mmnlete if the above information has not horn APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator agrees to pay additional fees (staff time not covered bv original fee payment) and/or consultant expenses incurred in review of this application,'and certifies that the information supplied is his/her knowledge. Applicant's Signature fa • R i .i (lo Date 0\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property' by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. OwTier's Signature___________Date Applicant must have all subminals into tlie City offices 25 days before the Planning Comnussion Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements jo have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. f / ' / !•] ■C- r.*- /•* • • i D o ns %j J c fu / - njc > / J f * 11 f l( -4* f H*. ^ ‘ ^ Ummmii ifaM 'i^ rs w ••* - •V/.* ,.vOh**'"v V-^ • V- CSU’^SA.'r.’rXJ c / . .. y . .•» V • <r ' t -J J ■ -M • /•••' -rJJ «c *' I J <«': Ixi 1*' ) y . . I , ■.( ( : "V V • . ' i -m k£. m. I . i n-f i . •* •. . ^% .^‘-...2..i••*. '.'JTJ «i.„ lAROTA ■ b? ■/^-■: % ,t * • • • *: •■ _ _ ------. ~ ! • '*^» % • # i» • » • Lon^ •* I *• ■ ^ • * • \ * ‘.' • — ». ^^UM W 310 '^«r«f«, /t><ffarJ^ >........... 600 ^ mI ’* "»«C ffi • • • • ............ J^JSSa Mini • • •?• .'*f y» .iX*''* • Wayiata^*/y< Country Club g Orono : Ciolf f Course • • <• .• • • -.ti -* *. . . V ^-olfCou•jg ssli Im *v;>• • * .• •,* • *. ' Smith B »y '' V; :* • • * 2 ^ Tanager • •■ W'V ';Xo*e >)) '■•■».• /I f ■ '" # ’•RIINTlSCCfyS »•••••- \ ■• y .. • .A.v^v,. j r . » ^ ^ ^ • I - / hay -: % .* !•: •• 4 -^ if. SEE MAP 76 t‘ ■* * • • UTOTT FIRNOALI • ■m- • .*. . » • ^ * • .. ’. * - V •* • ..• .«» •» •- , :; . :.v .'• ;• . .. •••. '.. •• •'* •••• V' •■•:•> r-v ■ • ••••^ ^ • .*.f \ . •• . : • .• »* * • • : •*.• ' y\ ■Lookout\. Point (i T^'Hbfsesfioe ^ •» r>'. :.vHennepin County Taxpayer Services DeTOrtniK^nt ! Parcel Information m.» • !• • ^ •'• y •••'• ' .r-*. ■•' . . Parcel ID 021172334 Home Number 1328 •treat Name SNOmUNI DR Cendemlnlum '• • This is not a hgaOy i9corf9<t man. HnprosontsacomfMionotintonnalion and data horn City. County, and Stale mad authoribas and otharsouitas. : ' ;icUi j.rv w.-v..'..v:o u RUN DATE M/17/tl iATCN Bit I^NNEPXN COUNTY PROPERTY XNFORNATXON SYSTEN PROPERTY OIRiERS LIST REPORT NO. rXRSMRl PACE 51 PROP AOOR OMNCR NANC TAXPAYER NANE/AODR PROP ADDR OWNER WANE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR 5R %2-ll7-2Z 5^ tlRS •1505 ORONO LA NICOLE NARIE R TNOHAS PETER N i NICOLE H TNQNAS 1505 ORONO LA WAVZATA NN 55301 50 i2-117-25 50 lill •1525 SNORELINE DR DEVERLEY N NILLER DEVERLEY N NILLER 455 OOVEY RO WAYZATA NN 55301 30 •2-117-23 54 ••12 •150^ ORONO LA DON JONNSON DOUGLAS D JOMGON 4104 CENTER DOARO LA S E STUART FL 54007-4174 30 •2-117-23 54 ••15 •1555 SNORELINE OR * W J POPP i T E POPP WXLLXAN J I TERX E POPP 15R5 SNORELINE DRIVE WAYZATA NN 55301 50 •2-117-23 34 ••U •••30 ADDRESS UNASSIGNED NC LEOO CO REG RAILROAD AUTN DAKOTA RAIL INC 200 NORTN NILL ST FERGUS FALLS NN 54557 50 •2-117-25 41 •••O •••50 ADDRESS UNASSIGNED NCLEOO CNTY REG RAIL AUTN DAKOTA RAIL INC 25 ADANS ST N NUTCNINSON NN 55350 TOTAL DATCN 510 ••••4 X CERTIFY TNA1 THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATXON AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT Of PROPERTY TAXATION, TO THE DEST OF NY KNOWLEDGE AND RELIEF. tv Application Date: Deadline: 9/18/01 11/17/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse. Cit> Administrator FROM: DATE: Paul Weinberger, Zoning Administrator/Planner October 8,2001 SUBJECT:#01*2722 Michael and Monica Brown 1241 Brown Road South Variances Zoning District:RR-IB, 2 acre. One Family Rural Residential List of Exhibits A B C D E F G Application Hardship Statement Plat Map Property Owners Notification List Existing Conditions Property Survey Proposed Site Plan Garage Elevation Views and Dimensions Review of Request: Applicants have requested variances to permit construction of a 28' X 24' detached garage to replace an existing garage. The proposed garage is proposed to be located 6' off the south (Minnetonka Avenue) property line. The south property line is defined as a side yard adjacent to street yard requiring a 50' setback. The garage doors are facing the street, which also requires a 30' setback regardless of zoning district. The garage is also proposed to be located 5' from the rear property line where a 10' setback is required. Secondly, the applicants arc requesting a variance to ptermit replacement of an existing fence that is 6' in height within the side yard adjacent to street (Minnetonka Avenue) setback where a maximum height fence is allowed to be 3 '/i'. The fence is a privacy fence to the back yard. The fence is located 27' from the property line. Code Review: Garage Variance: 1. Section 10.03. Subdivision 13 - To permit the doors of a detached garage to be located 6' from a lot line where 30' is required 2. Section 10.28. Subdivision S fBf and Section 10.61 Subdivision S f A) to permit the side yard adjacent to street setback to be 6' where 50* is required in the RR-1B district. #01*2722 Michael and Monica Brown 1241 Brown Road South 10/15/01 Page I of 5 ‘ ill 3. Section 10.61. Subdivision 5 (A> to permit a parade to be located 5' from the rear property line where 10* is required for construction of a detached garage. The applicants have stated their 15' X 22' garage is not large enough and would like to construct a larger garage. The proposed garage would be 28' X 24' and would have the door access facing the street to allow ’ backing out onto Minnetonka Avenue rather than having to back out to the e.xisting parking area. Across Minnetonka Avenue are two detached garages that are built on the lots with direct access to the street. The closest garage, across the street is 12.5' from the paved surface of Minnetonka Avenue. A second garage is located 25 ’ from the paved surface of the street. 1 he proposed garage would be located 18.5' from the paved surface. 30* is the standard. In the applicants hardship statement they have stated the garage could not be moved further to the north due to a large pine tree being located behind the garage that they would like to keep on the property. Staff has measured the tree and confirmed it has a trunk diameter of appro.ximately 16" and has a 30' diameter drip line. The tree is located 12' from the back wall of the existing garage. The new garage would not be located closer to the tree than the existing garage. The two ways to obvious maximize the setback to the street and save the tree would be to reduce the size of the garage or move the garage farther to the north and east between the tree and the house. Nearly all garages built in the Crystal Bay neighborhood on comer lots have the garage with direct access, including the two lots across the street. One problem with the direct access is the fact the garages have very short driveways posing a problem with off street parking. Adequate off street parking is not always available and Minnetonka Avenue is a narrow road only paved 15' wide. City standards only allow one curb cut per property ’ with a 20' w idth. The property has an existing 40' wide parking area located east of the existing garage that would remain, however the width would be narrowed because the larger garage would encroach into the existing parking surface. Fence Variance: 1. Section 10.03. Subdivision 15(0: This section permits 3 'A foot fences as a non-encroachment to required yard setbacks. Applicants have requested variances to replace the existinu 6' fence located 27' from the property line. Non l.akeshore Lots Exceptions to the 3 '/z foot setback are permitted for fences located outside of front yard setbacks and side yard adjacent to street setbacks (A fence up to 6 feet in height could be constructed within the side yard setback on the north side of the house and rear yard setback.) The proposed fence would remain in the same location as the existing fence. The fence is to provide priv acy to the back yard, as the property is a comer lot with a public street on two sides of the lot. The fence is located 27' from the property line and 38.5' from the paved surface of the street. •01-2722 Nfichael and Monica Bro^n 1241 Broun Road South I0/I5/0! Page 2 of 5 Hardcover: The property is located in the Shoreland area. It is located within the 500' -1,000' setback to the high water level of French Lake. The total proposed hardcover is 3.536 s.f. (21.5%) where 5,759 s.f. (35%) is allowed. Total lot area is 16,455 s.f. New Hardcover 672 s.f. for the new detached garage 144 s.f. for the new driveway access STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibits A and B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because it contains a single family residence. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The garage would be constructed with the doors facing towards Minnetonka Avenue which is consistent with other garages in the neighborhood. What circumstances prohibit placement ofthe garage betw cen the tree and the house to allowfor a greater street setback? 3. The variance, if granted, will not alter the essential character of the locality. The variance would not change the character of the locality. The development pattern of the lot is in character with the general development pattern of the Crystal Bay neighborhood. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where #01*2722 Michael and Monica 1241 Bro\%n Road South 10/15/01 Page 3 of 5 8 9. 11. the affected person's land is located. The use of the property would remain residential which is a permitted use in the zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot is a corner lot with setback requirements for 2 acre lots. The applicant 's property was platted and developed prior to the adoption of the zoning ordinance. The actual lot size of this lot is about 1/3 of an acre. If even '/i acre standards were applied to the property a 1 5'to side yard adjacent to street setback would be required, rather than 50'. This standard applies to the fence and garage. And, any garage with doors facing the street must be SO' from the lot line regardless of the district. The 5' garage setback to the rear property line is adjacent to a platted alley that is not developed. The actual distance to the neighboring property line and the garage would be IT. The conditions do not apply generally to other land or structures in the district in which said land is located. The condition of small lot size is unique in the RR-IB District but similar to other properties in the Crystal Bay neighborhood. The largest area of the rural part of the City is zoned RR- IB. However, much of the RR-IB district was developed at the two acre standard. 1 he granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The garage would provide indoor parking for two vehicles. The existing garage only could provide parking for one vehicle. A 6' J'enee could be constructed in the proposed location if the '/; acre standards were applied. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The fence would not impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The lack of setback from the garage doors to the stret is a potential safety issue, especially if it results in cars perpetually parked in the right- «OI-2722 Michael and Monica Brown 1241 Brown Road South 10/15/01 Page 4 of 5 k \ *1 r of-way. 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Applicant's hardship statement is attached. Planning Commission should determine if the tree is a valid hardship, or if the garage could be relocated so as to maximize the street setback to more closely meet the 30 ’requirement. Options for Planning Conimbsion Action A. Recommend approval of the variances to allow the detached garage and fence in the location attached. i! B. Recommend approval with discussion of the size of the garage, could the garage be moved further from the property line if the size is reduced? II C. D. Table and provide direction to the applicant to what possible revisions that can be made. Recommend denial, steting reasons.1; 101-2722 Michid and Monica Brown 1241 Brown Road South KV15/0I PafcSofS h AppIkatioD U Oi Z7 2 *2. Date Receive^ ^//g/g/ Amount Paid ^2go 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 non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORi\UTION , Site Address ^(2.ocJV S. Property Identification Number (P.I.D.)____ Attach legal description to application if not included on required survey. /o-ny-2.s 3! noZZ try:ihDate Piopetty^quircd______________f I^p^^o not^so own the ji^^acent parcels of land. Preset nse-oT^perty: residential___other (specify) Zoning District: ____—/ (5______________ ____ .(month/year) APPLICANT ^ /lyo^icA Phone (home) ^ / Name ____Phone (work) -7f Address: Zip: JYJ?/ OWNER /if different than applicant) i\AoJic»r ______ AddressT /2-V/ C-t./ Phone (home) ____ Phone (work) ^y (/m j City: Zip: DESCRIPTION OF REQUEST . Estimated Construction Cost $ ^ ^ Describ)^ request in detail: RepUi-c ^^Sis ft ojJh 2V'x ^ S'ri rit<\r t^iky /i.vj Sidt. A./' -/• /oc.‘*'h-c aj . (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover Lot Coverage Setback:Front ^ Side X Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical diificulty or unusual property conditions preventing compliance with Zoning Code requirements: G>//f J7Je/s-^u>t A A «iA</Ay-> C // if V</ ^ /*/».■».// W<- vA «N„ new III , 4 0 ________________ Hennepin County Taxpayer Services Peparl^erit 6 ; u 140 <73) „o ^AINNETONKA AVE db fCRYS f40 fi >u. ' ^ »i »«- 9J « W <«0o «; * . j '<»o 2 .'733; ' - 8tao • fdOo 36; "* SI^34j * , .4)j, *40 ^35) fdo * CRYSTAL AVj I2i p 90 wm 8)g n n 1 M6' 8 •% (97) 0 •90 SO 8 93 iOSPECTAVE , a (SI) I7J ------------UParcel Information :■’ C% r^sajJ Parcel ID 101172331 Hove# Number 1241 Street Name BROWN RD 0 Condominium " !. *A' vV. * '* '. ■' r" This is not a kgalty rtcordtd m^. ttnpfssontss compilation at MohnaOpn, and data tmm CHy, County, and &ala road aulhoildaa andotharwourcaa!: i r RUN DATE 17/31/01 BATCH 503 HENNEPIN COUNTY PROPERTY XNFORNATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PX435A0I PACE B PROP AODR OWNER NAHE TAXPAYER NAHE/AMR 30 10-117-23 11 0002 0003B ADDRESS UNASSX6NED NCLEOD CNTY REO RAIL AUTH DAKOTA RAIL INC 25 ADANS ST N HUTCHINSON HN 55350 30 10-117-23 20 0022 01212 ARBOR ST J R CADY i S R CADY S R CADY i J R CADY 1212 ARBOR ST WAYZATA NN 55391 3B 10-117-23 20 0023 01225 LAKEVIEW AVE N A JOtHpON BAN FARNHAH W A JOHNSON BAN FARNHAN 1225 LAKEVIEW AVE WAYZATA NN 55391 PROP AODR OWNER NAHE TAXPAYER NANE/ADOR 3B 10-117-23 20 0020 01205 LAKEVIEW AVE VIRGINIA NORD GRIFFITHS VIRGINIA NORD GRIFFITHS 1205 LAKEVIEW AVE WAYZATA HN 55391 3B 10-117-23 31 0022 01251 BROWN RD S CRAIG W B JUDY D CHRISTENSEN CRAIG B JUDY CHRISTENSEN 1251 BROWN ROAD S WAYZATA HN 55391 3B 10-117-23 31 0023 0003B ADDRESS UNASSXGNED CRAIG W B JUDY D CHRISTENSEN CRAIG B JUDY CHRISTENSEN 1251 BROWN ROAD S WAYZATA HN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR 35 10-117-23 31 0020 01275 BROWN RD S TOWN OF ORONO CITY OF ORONO PO BOX 00 CRYSTAL BAY NN 55323 3B 10-117-23 31 0029 01270 ARBOR ST J E FULLERTON BAH NOLDZIO J E FULLERTON BAN NOLDZIO 1270 ARBOR ST WAYZATA NN 55391 3B 10-117-23 31 0030 01250 ARBOR ST CARY F BURTON CARY F FARLEY 1250 ARBOR ST PO BOX 22 CRYSTAL BAY NN 55323 • i PROP ADDR OWNER NAItf TAXPAYER NAHE/ADOR 3B 10-117-23 31 0031 01250 ARBOR ST CARY F BURTON CARY R FARLEY 1250 ARBOR ST PO BOX 22 CRYSTAL BAY NN 55323 35 10-117-23 31 0000 tl205 BROWN RD S ROGER A DAY ROGER A DAY 1205 BROWN RD S WAYZATA HN 55391 35 10-117-23 31 0005 01223 BROWN RD S CURTIS R qUADY ETAL CURTIS QUADY BOX 127 CRYSTAL BAY NN 55323 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR 35 10-117-23 31 0000 01201 BROWN RD S N T BROWN ONE BROWN NONXCA T B NXCHAEL E BROWN 1201 BROWN RD S WAYZATA HN 55391 35 10-117-23 31 0009 01230 ARBOR ST P G NARTXN B C N NARTXN P C NARTXN B C H NARTXN 1230 ARBOR ST WAYZATA NN 55391 SB 10-117-23 31 0099 01200 ARBOR ST L S KENNEN B J H KELLAR LEONARD S KENNEN JANICE N KENNEN 1223 ARDOR ST WAYZATA HN 55391 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR TOTAL BATCH 503 00015 a a jT'.' ■’ ...A' Ui I : 20' BRDWA/' GaMSE 12^1 i5/^oia/V /?i) 5, i , ••*• • •* :• •, i) („•J ( Jm £jiALE y/' -- r| BRDVJii £t\MQ£. 11,41 S'- 'i-r.. ?N. .•*. 1) 2::>. 1. •« %• “jx dJm t _ 10 / ICAll /m" -- I' ^ I r\r** - • • t ^ f w ■* »o . ft •. n r k... \ • » • ; u - Xt' <» •\ V ti T Jo Application Date: Deadiine: 9/18/01 11/17/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: DATE: Paul Weinberger. Zoning Administrator/Planner October 10.2001 SUBJECT: //OI-2723 Brewer Chiropractic Clinic 3800 Shoreline Drive Commercial Site Plan Review Zoning District:B-5. Limited Neighborhood Business District List of Exhibits A B C D E F G H Application Letter of Request Survey/Site Plan City Engineer Letter 9/27/01 City Engineer Letter 10/10/0 1 Proposed Sign Design Proposed Sign Location Hennepin County Driveway Entrance Permit Brief Review of Request: Mark Brewer, proprietorof the Brewer Chiropractic Clinic in Mound has filed an application for a Commercial Site Plan Review to convert the existing non-conforming single family dwelling at 3800 Shoreline Drive into a clinic. “Clinics” arc listed as a permitted use in the B-5 district. No variances are required. Parking lot design and drainage are issues to be resolved. Discussion The building has undergone some extensive interior remodeling by Brewer as part of the conversion of the structure from a residential use to a clinic/ofilce use. The remodeling has included making the building handicap accessible per ADA requirements. The City has issued permits for the interior remodeling, but the creation of a commercial parking lot has triggered the need for a Commercial Site Plan review. The Commercial Site Plan review is a process established to ensure the Planning Commission and Council have an opportunity to respond to site plans in the commercial districts in the City. The primary site plan change to accomplish the conversion from residential to conunercial use is the addition of a parking lot and new driveway access to the parking area. The proposed parking lot was partially installed prior to the issuance of permits, and work was stopped by the building inspector pending approval of this commercial site plan review. #01*2723 Brewer Chiropractic Clinic 3800 Shoreline Drive 10/15/01 Page 1 of 3 ,.....T, Site CharactcristicSt Conformity B-5 Required/Allowed Existing/Proposed Site area: Lot width: 20,000 s.f. 100' 29,668 s.f. 151' Parking Lot: Required front yard: Required side yard adj. to "R" district: Required side yard adj. to "B" district: 20' 15' 3 ’ 40* 102’ 3 ’ Building setbacks: Front lot line: Rear lot line Side lot line adj. to "R" district: Side lot line adj. to "B" district: 35 ’ 35' 35 ’ 15' 78.7 ’ 85.8' 59.2' 39.7' Building Height:30 ’<3ff (existing 1 '/istoiy building) Lot coverage by structures:15%4.5% (1,363 s.f.) Hardcover: 500-1000' zone:35% (10,384 s.f.) 24.8% (7,381 s.f.) No. of Parking Stalls: Required = 1 per 200 s.f. of “net usable Door area for offtce/medical use' (“Net = 1,600 s.f.+ /200 = 8 stalls proposed) The building is not designed to use 1,600 s.f. for the clinic use, and no variance is required. Signage Allowance 151 s.f.Brewer Chiropractic” 10 s.f. ‘For future tenants” 7.5 s.f. Total Proposed = 17.5 s.f. Minimum sign setback to property line 10*10'Min. Drainage and Stormwater Management Plan: Zoning Code Section 10.60 Subd. 15 requires that no land shall be developed and no use pennitted that results in water runoff causing flooding or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area or other suitable facility. The Code requires that drainage plans be submitted by applicants for review by the City Engineer and the Public Works Department for approval. Approval is also required by the Minnehaha Creek Watershed District (MCWD). The MCWD has issued a permit for the proposed plan. However, staff and the City Engineer have raised issues with the proposed plan for surface water run off from the site. Please see attached comments from the City Engineer dated September 27 and October 10. 1^01-2723 Brewer Chiropractic Clinic 3800 Shoreline Drive 10/15/01 Page 2 of 3 k Us'iX . -v^*^ The primary issues are the ability to adequately direct runoff without curb and gutter, and the proposed location and direction of the drainage outlet. The City Engineer and staff are recommending that the parking lot be provided with concrete curb and gutter to provide positive runoff control, and that runoff be directed to the northwest toward the planned Hennepin County stormwater pond rather than eastward toward the future City park site, where the existing driveway could be negatively impacted. Drive Location and Access Hennepin County has issued permits to allow the new access to the property in addition to the east driveway access. The parking lot entrance has been installed at a 24* width. The County did allow the secondary access to remain open since it was not an access that would be used for commercial purposes. Staff Recommendation The site plan meets all requirements of the B-S Zoning District. The proposed use is an excellent fit for the B-S District and is a permitted use in the B-S. Staff recommends approval of the Commercial Use and Site Plan, subject to resolving the parking lot design and drainage issues. Your approval recommendation should be subject to the following conditions, all of which should be completed prior to City Council review of the site plan: I.The final design of the parking lot must meet the requirements as specified by the City Engineer, including the installation of curb and gutter to positively direct runoff to its intended end location, avoiding potential negative impacts to adjacent properties. 2.The final stormwater management and drainage plans, including a drainage area map and calculations, must be submitted for review and approval by the City Engineer, and the final stormwater plan must be confirmed as acceptable to the MCWD. 3.All other comments noted by the City Engineer, in the letters dated September 27, 2001 and October 10,2001 must be satisfied. no I-2723 Brewer Clilropnctic Clinic 3100 Shoreline Olive lO/IJ/DI Pagc3or3 A <5(-a73S jf Applkation# Date Received" ^ItS lei Amount Paid >^7.7 ^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address D/l.______________. Type of Application to be Filed /Ir/ti/r?, oH-ry — a A « A ^ A A _ ___Property Identification Number (P.I.D.) Y'/r-// 7- 2^ -iZooc -i APPLICANT ^ Name (3/^^tO^/Z Address 70S^-' ^'^Sj> r^/fQ p<; OWNER (if different than applicant) Name Phone (home) ^/72 Phone (work) ^5S^- ‘/72. - City A?'/>>'A‘/^//?/<‘r/‘7 Zip ✓ fc^,i *I72-7 oc6 Phone (home)______________ ______ Phone (work)______________ Address Citv Zip. 0/Date Progsrty^cquired_____ __________________________ I (do) ^_ni^also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75 ’ of lakeshore _____PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee (month/year) 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 „ ..O.J /r ^ i:;jr “Birewer 7021 HcUitead/VrC^, ^^^nnetyUt^^^ MM 55364 952-472-5483 September 1^, 2001 Dear Sirs: 9, Mork E. I^rewsr <md my wife, l^€iriMra C l^rswsr hwe purchased the property at 3800 Shoreline Drive, which Is currently a residence cmd Intend to convert It to a conforming use In the ig-5 district. <Dtimlc you for your time In this matter. igcurbcura C. Iptewer l/'T •• • •:T' 1r •! L T ’J i ir ’j A IN GOV'T LOT 8, SEC. 17-117-23 & PART OF LOT 1. BLOCK 9. TOV/NS-TE HENNEPIN COUNTY. MINNESOTA c* »csr 19€ AS OCSCffSCO horc OvC«LA^ w iCCAt 0CSC*#»tO«5 : i CO^^HOr. NO. -i.S .V V/ r:n : i • ^ J/1 Bonestroo Rosene m jm Anderlik & ^ \ Associates Engineers & Architects September 27.2001 ••ncflroo. ffeicn*. AntfcrlMi jnd Attoclaics. In<. it an AfUtmatl^ Action/equal Opportunity Impioyor one Imployoo Ownod Prlnclpolt: Otto G Bonestroo. PX • Marvtn l. Sorvala. PE • Cienn t Cook. PC • Pooert C SchunKht. PE • Jerry A Bourdon. PE Senior Coniyllonti: RoOert W Botene. PC • Josepn C Anoeriik. PE • Richard E Turner. PC . Susan M laerim. C PA Attociote PrIncIpiMt; Retch A. Gordoa PE • Rooert R Pfcfferie. PC • Richard W Foster. PC • Oavid O Lotkota PE • Mark A. Hansor\ PE. • Michael T. Rautmana PE. • Ted R. Field. PE. • Rervietn P Ancarion. PE • Mark R Roift. PE • David A Bonestroo. M BA • Sidney P WUtiamson. PE. LS • Agnes M Ring. MBA* Allan RKk Schrmdt. PE • Thomas W Peterson. PE. • James R. Maiandl PC • Miles B Jensen PE • L Phiiiip Gravel Ml. PE • 0«iiel J Edgerton. PC • Ismael Martmex. PE. • Thomas A Syfko. PC • Sheidon J Jormson • Dale A. Grove PC • Thomas A Rouihar PE • Rodert l Oevery: PE Offices; St Paul. St Cloud. Rochester arus Wiiimar. MN • Milwaukee. Wl • Chicago IL MRiBtlte: vb Mr w bonestroo com Paul Weinberger Zoning Administraior/Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 Brewer Site Improvements File No. 139-2723 Dear Paul; We have reviewed the proposed site improvement plan for Mark Brewer. The site is located at 3800 Shoreline Drive. The proposed improvements include construction of a parking area west of the existing house. We have the following comments in regards to engineering matters. The plans show two existing driveways to the site near the east and west lot lines. The plans should identify which access will be used. Shoreline Drive is a Hennepin County roadway. Plans should be submitted to Hennepin County for their review and comment. The proposed parking area and driveway should be paved and constructed to a 9-ton design as per City Standard Detail STR-7. Concrete curb and gutter should be installed around the perimeter of the parking area. Spot elevations should be noted along the curb and gutter with How arrows to deHne drainage patterns. The drawing shows low areas cast and west of the site. It appears that drainage could be directed to the east or the west. The applicant should provide information as to where the drainage from the site is being directed and identify off site impacts. A drainage area map and drainage calculations should be submitted for review. Details should be provided for the proposed grass swale. At a minimum, a concrete flume at least ten feet long should be constructed between the parking area and the swale. Plans should be submitted to the Minnehaha Creek Watershed District for their review and comment. All silt fence should be in place prior to any grading activity. Please contact me at 631-604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. /<77yt Tom Kellogg€\9Q Attachments Cc: Greg Gappa, City of Orono 2335 West Highway 36 > St. Paul. MN 5SII3 ■ 651-636-4600 • Fax: 651-636-1311 W 6516361311 10/10/01 14:33 0 :01/01 N0:947 (BAi9rfcHHi mA AiiociMf. liK. H ao Of^uifilty Cmpltvar ani Ownmd fflnC^alA: OICO (4 ioncnron. L Sur«^ PC. • acnn if Co«ta. • tnbrri n SiliMfliilil. PC • i€tty A. Oourdoa PC ftiy^r CafiawliaiitA: futeii w. iosene. Kt • Joicpfi C AiKlrfiik. PC • iidurtf C ^ncf. PC • %utm H Mctiia C PA Aitvciaia PrIfIClAaift KCilfl A CI^wHiwv Pf. • RulMtl R. rf«rfvtl«. PC • Ricfiafll W Pnurr, PP. • 0«t«IA O. Ui»luii.«. PC • RUik K IMAlon. ft. • aiMliar« l PR. • frU IL PW»UL PC • Ramm P A#yicrvv\ PP • M.«k i. Riaft^ fl • 0.«whI a OuitvkUOA. Nil A • Sidnty P WNiMfmoii. PC. IA • Ayrtvl M. RInf. MIA • Alan Via WNMOt. PP* • Th«M«M\ w Pri«»t%iMi, PC • u^m t. Maiand. Pa • i PC. • L Piiiaip Cravcf w. PC • Oamci i ligc^tnn. ap • Itifwirl M.viir«4. PC. • Tlwmai A lyffea. Pk • Sf^Ckinn L mnntmi • A Cromi. PC • Ihomat A Rouifiar. PP • Rofiift J fJTwry Pf. omctt! St PAi. sr ciom irocAesir* Hn«j iruktMi. mn • NMwAkce. wi • cm-iQn. a MMilc#: wwwlMMitf4t/dO.CO*1l BONESTROO AND ASSOC 1/1 Bonestroo ^SRosene vS Andertik & |\|| Associates Engineers & Architects October 10.2001 Pnil Weinberger Zonlof AdminiiUrator/Planner ChyofOrono Poll OPlcc Bo< M Oyeul Sty, MN 35323 Re: Brewer Site Iinprovemenu FUe No. 139-2723 Deer Paul: On M»ml#y October 1.200 1 you and I along with Mike Oaffron and dreg Gappa visited the site at3800 Shoreline Drive. The putpoie of the site visit was to review design and constnKiion issues. In walking the site it became apparent that discharging storm water to the east would or could impact the luw lying areas along the east side of the exisiiog building. Further, the existing ditch along the east lot line did not appear to have en outlet. It appears that discharging water easterly from the site could have adverse impacts to the subject property and to the site immediately to the east In our coauneni letter dated September 27,2001 we asked for additional information as m where drainage from the site was being directed and identify off site impacts. At the time of this writing we have not received the information requested. 1 was informed during our site visit on Monday that Hennepin County plans to construct a water quality pond on their property immediately north and west of the subject propetty. 1 wu also informed that Hennepin County bad agreed to allow drainage from the subject property to be discharged into their proposed pond. As wc looked at the proposed Hennepin County ponding eree relative to the subject properly, it appeal that the existing topography would allow for the construction of a s«mle or storm sewer to convey storm water from the subject properly to the proposed ponding areo. In our opinion it mokes the most seme to route storm water to a defined ponding area. In this cose we recommend the plans be revised to provide a swale or storm sewer to direct storm water norihcriy to the Hennepin County site. Wc recommend the developer work with Hennepin County to obtain die necessary oasemenu and approvals to accomplish this. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Attachments Cc: Greg Gappa, City of Orono FUTURE TENNEWT ( FUTURE TEWWEWT (z(9)m^xinoNoi IMNUBOU 9ISN0Sia3 ip UOHr^ ■Tl - HCSBfpeDT UliCIi;'.70 5F? 14 mi HENNEPIN COUNTY Trintportation Dcpartnwnt 1600 Pr*lfi» Drive - Medina. MN 55340-5421 Permit No.4551 H CITY Ur OrtO/VO ^ DRIVEWAY OR STREET ENTRAN cPpERMIT AND SPECIAL PROVISIONS ^ Dave ZetterstrooFieW Impeded by -----------------------------DM. W°l Location 11$ 3300 Shoreline Dr A.O.T. Neareat Cross Street (if rural) Sight disunce:. Actual • Left Minimum • Left 9*li Curb to be removed to; 0 Construdion Joint □ Sawed Joint Recommended drainage: tt Surface □ Culvert Culvert length Culvert diameter 1. CONSTRUCTION SPECIFICATIONS (Within Right-of-Way) !f CL 5 roulv ^32 CDC SHOULDER Type --------- RtVP. DITCH Topsoil_____ Depth Depth 8“Existing oepm_illy____ Depth Depth 3 traffic COMTROL REQUIREMENTS Plate #2 OP #3 AS 066(18(1 a SPECIAL PROVISIONS One 24' wide driveway widening permitted as sketched DO NOT PLACE CONCRETE ON COUNTY RIOHT-OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS, CALL (763) 745-7643. Diagram BDiagram A IMPORTANT: TYPE CONSTRUCT ROUNDED BERM TO IMPORTANT: CONSTRUCT SWALE TO DIVERT WATER FROM B/W ------------------ prevent WATER FROM RUNNING DOWN SHOULDER. , DRIVE. 6** Swala ERifting Roadway 1 ' * Shouldar | Ptacf cidvtrt in tRtfting ditch Final inspadion data. Ofivgway was found to ba O Satisfactory □ Unsatisfactory Inspactad bv ---------------------- APPROVED/DilWet HENNEPIN COUNTY Transportation Dapt ______; 4 >'Bv ___^____________— Data.i~ 11 o [ II TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 12.2001 SUBJECT: «01-2724 Michelle and David Timp 1000 Wildhursi Trail Variance/CUP -- Public Hearing LR-IB 50,206 s.f. Zoning District: Lot Area: List of Exhibits A Application B Lencr of Request C Site Plan/ Survey D Engineered Wall Design E City Engineer's Letter F Letter from Neighbor G Topographic Map of Property H Location Map i Plat Map J Property Owner’s List K Permit Record The project requires the following City approvals: One Family Lakeshore Residential District (I acre) (1.15 acre) 1. Variance for average lakeshore setback (Section 10.22,Subd. 1 (B)and Section 10.56, Subd. 16(C)(6)). 2. Conditional use permit for land alteration (Section 10.03,Subd. 19-21,Section 10.56, Subd. 16J(5]). Application Summary: Southview Design has submitted an application on behalf of the property owners for a variance and conditional use permit to perm., construction of a boulder retaining wall on the west and lake side of the residence. I'he variance is for av erage lakeshore setback and the conditional use permit is to permit grading of greater than 500 cubic yards for the landscape work. The elevation of the land between the east and west lot lines varies by approximately 20 feet. (Exhibit G). The property owners wish to construct a boulder wall on the south a.nd west sides of the properly to “allow better use of the land” with the creation of a yard. This property is located near the end of Wildhurst Trail, on Forest Lake. Exhibit C has the three walls indicated as A, C, and D. Point B is the comer of the wall where it separates and becomes two walls - C and D. Ml-2724 MichelU'David Timp 1000 Wildhursi Trail Variancc'CVP 10/12/2001 Page I A - The boulder wall starts on the back of the property and follows along the west property line for approximately 104’ and is located 20 -30' from the west property line. The wall starts at grade level and gradually increases in height until at Point B (southwest comer) where it is 8 feet high. At point B. the grade will be raised 8' above the original grade, potentially reducing the lake views of the property to the west (1006 Wildhurst). although the view impacts are mostly behind average setback line. C - The boulder wall is 6 ’ in height, crosses the front of the property for approximately 65 ’. It stops at the comer of the residence. D - The boulder wall continues toward the lake and goes across the front of the property for 133’. The wall starts 8’ in height at the comer and gradually decreases in height until it is at grade level at the east side of the property. The comer where the wall is 8’ high is considered as structure. At this point and for approximately 20’ to the east, the boulder wall encroaches into the average lakeshore setback. The encroachment is 5 ’-8’. The boulder wall is proposed to be behind the 75 ’ setback line. A conditional use pemiit is required because 566 cubic yards of fill is being used to backfill behind the walls. The fill is from the site (digging out the foundation), additional fill is not required to be brought on the property. I'he applicants are proposing to plant five 10* Spruce and three 10’ clump birch trees to screen the boulder wall from lake view. Construction of the boulder walls is as follows: A boulder approximately 3’ w ide will be put dow n and behind it w ill be 1 ’ of rock, fabric mat and then dirt (Exhibit D). The way the walls are being constructed makes it difficult to plant creeping plants in between the boulders, therefore trees are being proposed for screening. In September 1999, the adjacent neighboring property to the east was approved for a similar landscape project. The project approved a conditional use permit to allow 1,300 cubic yards of fill on the property for regrading for a retaining wall that runs the entire lakeside of the property at the 75 ’ setback line and to allow 9,613 s.f (25.7%) hardcover in the 75-250' setback area. That.neighbor, Mr. Zebeck, has submitted a letter opposing this project (Exhibit F). However, it appears to staff that his concerns are unfounded in that 1) the wall will not encroach into the 75 ’ setback; 2) the proposed walls will have absolutely no impact on his views of the lake; and 3) because there is no hardcover variances involved, we fail to see how this sets a negative precedent in terms of lake water quality. We do feel the potential blockage of the opposite neighbors views behind the average setback line is not inconsistent with past approvals, although the orientation of that neighbors house exacerbates the issue. Engineering Review; The City Engi.ieer has visited the site and reviewed the retaining wall layout. His comments are in a letter dated October 8,2001. (E.xhibitE). He feels the wall design is adequate. The boulder walls are designed and signed by a professional engineer. It is felt that the global slope stability of the wall must be further investigated particularly for worst case scenario. Upon completion and if found to be adequate, then he is comfortable that the wall will work. UOI-272-f Michelle.'Da\id Timp 1000 Wildhurst Trail yarianc&'CUP 10/12/2001 Page 2 Statement of Hardship : The applicants should be asked for their testimony regarding this issue. Issiissi 1. The proposal meets requirements for hardcover in all setback areas. 2. No additional fill will be brought onto the site. 3. Would a two tier four foot high wall be better than an eight foot wall? Is there room for a two tier wail behind the 75* setback line? 4. The landscaping work will all take place behind the 75' setback line. S. The boulder wall will not be screened with creeping vine plantings. But instead trees will be planted in the southwest comer to screen the 8* wall. Will this screening impact the neighbors lake views? We don't limit where property owners can plant trees.... 6. A steep hill is located on 2 sides of the residence requiring stairway access to the lake. 7. Fill is necessary to level the property around the residence, provide a flat surface for pedestrian use of the property around the residence. 8. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the conditional use permit and average lakeshore setback variance if Planning Commission feels the adjacent property owners view behind the average lakeshore setback is not an issue. UOl-2724 Michelle/David Timp 1000 Wildhurst Trail Variance/CUP 10/12/2001 Pages till Lot Area; ANALYSIS WORKSHEET LR-IA Lot Area Required 43,560 s.f. (1 acre) Actual 50,206 s.f. (1.15 acre) flardcovtr Calculations ; ANALYSIS WORKSHEET Lot Arf; LR-IA Lot Area Required 43,560 s.f. (1 acre) Actual 50,206 s.f. (1.15 acre) Hardcover Calculations ; Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover 0-75 ’13,911 s.f.Os.f.Os.f.490 s.f. (0%) (0%) (0%) 75-250 ’35,245 s.f.8,811.25 7,565 s.f.8,345 s.f. (25%)(21.5%) (23.67%) 250-500 ’1,050 s.f.315 s.f.Os.f.Os.f. (30%)(0%)(0%) Application # Old ’ll 2 *l/ Date Received" to 1~ Amount Paid 'A CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION ^ Site Address /QQO _____ Type of Application to be Filed Property Identification Number (P.l.D.) /O') ~^ /j O^T> APPLICANT Name W. Addres s iKljr g ______ OWNER (if different thax\applicantj___ Name Address LCai^ Phone (home)__________________ ______ Phone Kvofk) 6j7 «y:V-r(/ 4 CitytL^d/t. i-njgyt tk i6-*trs Zip i7T>')>____ Phone (homi)^Sc^ ~3iS " ^?S Z _____ Phone (work) UtX - City Zip 3~3~'i/o Date Pr(^erty Acquired___ I (do)/^ noQ^lso own the adjacent parcels of land. (month/year) LJT FEES - CONDITIONAL USE PERMITS - f ^ S 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use 5250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments $200.00 Duple.x Credit/Bldg 5325.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling - designated wetland or floodplain X Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore LyJ 14-OrtW.ft.9T~ ^ PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-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 o r)y 2. 3. 4. REQUIRED SUBMITTALS 1. Completed Application Form. Describe request in detail. Certifirf Property Owners List of owners within 350 ’, labels and plat mao fvou miBt obt^ this list, labels and map from Hennepin County Departmelit of FhiMce A-603, Government Center, ' finance, ° Attach legal description to application if not included on required survey ch^? in 'elS List of the^gal names (include marital status) of all persons with an interest in the proper Tins wonU includ. nnme(s) of app!ican>(s) if no, current o™^,^ Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of anv other persons you wish notified of this application. ^ 5. 6. 7. 8. 9. FOR documents OR COPY all DOCUNffiNTSSUBMITTrn rCMff\sr.ii ■■ •" *' *^*ALLER) run all DOCUMENTS fub^iSI Pl^. etc. to be The AppIicMt and Property Owe.- must sign this application. Please remember that your appheatton ,s not complete tf the above information has no, been included. APPLICANT’S SIGNATURE Applicant ’s signature ( Date OWTMER’S SIGNATURE ^ The owuet hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members and Council members for purposes of investigation and verification of this request. ’ Owner’s signature LiuMi.vU/ L. |«ni^Date ____• I ^ • 0 1 Applicant must have all subminals into the Citv offices M h \v « .k- di , • /- S.T. oft^4rEEIF~ ✓•> 1 SOUTHVIEW P) DESIGNLANDSCAPE CONTRACTORS 1875 last SOth Strttt • Invtr Grova Haights. MN 55077 • Phena: (651) 455-8238 PaK (651) 455-1734 • www.s0uthviewdasi9n.com September 18, 2(X)I To Whom It May Concern: We are requesting a permit to allow us to build boulder walls within the average lakeshore setback. We are also asking to re-grade to make level areas for yard. The l^al names of the owners of the property are: David Arthur Timp Michelle Louise Timp -----#2724 t |3 8T1M ■! I aril I fi ................... I ii l if J WJLDHURST TRAIL - irc.i Ctroffs ^rzpzs§:; Sa'.fJ-'' trcit DESaaFTK.S: LOT 2. BUCK t. WOMHVBST KSTATES i;:r:f rr.c:t c's;*^* Pt're.: -jsu'::*; -v'i- ,V3- Cs's:'.:!':.-: « Hi /s. '-sSi5>- HW5C0VT? 0-73* Z0^;E 2. l: - r».f - s:. ir r* sc. HARCCOMtR 73-250* Z0V£ j: r- :£>£ - \H3 £: r- - 22:: s: '•af . 72* «- r- r> GENERAL NOTES: BOULDER RETAINING WALLS DESIGNED AS GRAVITY WALLS. MINIMUM BATTER (SLOPE SHOWN AT TOP OF WALL ) AND SETBACK OF BOULDERS IS REQUIRED FOR STABILITY. MINIMUM OVERTURNING FACTOR OF SAFETY 2:1 MINIMUM SLIDING FACTOR OF SAFETY 2:1 BACKFILL BEHIND WALLS SHALL BE SAND OR FREE-DRAINING GRANULAR MATERIAL . LINE EXCAVATION WALLS WITH GEO-TEXTILE FABRIC TO PREVENT SILT MIGRATION INTO BACKFILL.. INSTALL SLOPED PERFORATED DRAIN TILE CONTINUOUS BEHIND WALL AND INSTALL 4 " DIA. PVC PIPES FOR WEEP HOLES NEAR BASE BETWEEN BOULDERS SPACING OF 40 FT ON CENTER MAXIMUM. WATER DOWN BACKFILL BEHIND BOULDERS TO IMPROVE COMPACTION IF NECESSARY. NO MECHANICAL COMPACTION REQUIRED. FOR DESIGN PURPOSES, BOULDERS ASSUMED TO BE NOMINAL 3 FT. IN DIAMETER.J 1/ J Bonestroo Rosene Anderlik & ^ \ Associates Engineers & Architects BorMilroo. llostnt. Andtrlih and AtiocUiet. Inc. ti «n Affirin«Civ« Action/Equaf Opportunity Employer «nd Employe* Owned (i frincipeli: Otto 0 Boncilfoo. PE • M.irvin I Sorv<iM. PE • Glenn R Cook. P£ • RoPeit G Scnwnicht. PE • Jerry A Bourdon P£ Senior Coniullonti; Robert W Roser^e. PE • Joseph C Anderim PE • Richard E Turner. PE • Susan M Eberiin. C PA Assoclece Principoit Knth A Gordon. PE • Robert ft Pf.dferie • Richard W Foster. PE • David O Loskota. PE • Mark A Hanson P£ • Mirh.tri T Rautmann. P£ • Ted It Fii»d P£ • Kenneth P Arsderson. P£ • M*ttk R Rods, PE • OaviJ A Bonestroo MB A • Sidney P Williamson. PE. LS • Agnes M Ring. MB A • Auan Rick Schmidt. PE • Thomas W Peterson. PE • James R Maland. PE • Miles B Jensen. P£ • L Phiii p Gravel ui. P£ • Daniel J Edgerton. PE • lsm.<ei Marline/. PE • Thomas A Syfko PE • Sheldon J Johnson • O^e A Grove. PE • Thomas A Roushar. P£ • Robert J Devery. P£ October 8.2001 Offices: St Paul. Si Cloud. Rochester and Wilimar. MN • Miiw.tukce. Wl • Chicago IL Wibsite; WWW bonestroo com Wendy Boltenberg Assistant 2^ning Administrator City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Timp Retaining Wall File No. 139-01-000 Plat No. 01-2724 Dear Wendy: We have reviewed the grading plans for the Timp residence located on Lot 2. Block I. Wildhurst Estates. The following are comments from Phil Caswell in our structural department: I.The wall design itself appears to be adequate. Without doing an independent analysis, the 22-degree batter appears to be sufficient for local stability. The design is also signed by a P.E. 2.At the highest point of the wall (8-foot height) up to 6’ or 7 ’ of fill will be brought in to place behind the wall, while the slope in front drops away from the wall at 2:1 to 2.5:1. This additional load on this slope under these conditions suggests that the global slope stability m*’st be investigated. We suggest that a P.E. analyze the slope stability for the worst condition, using parameters of the actual site soils. If this is adequate, the rest should be too. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono \v 2335 West Highway 36 • St. Paul, MN 5SII3 • 651-636-4600 • Fax: 651-636*1311 :i i i OCT.ll.E001 SiZBPn NO.740 P.E 99IWiMhantThdl Mband,MN SSM4 95m734U4 OetiAier 11,2001 Mr. Full Wemberger Zoning AdnuuitntaE/Pknner CilyofOiono CtyiUlBqr.MN 55323 Dev Full: This is tho written follow np to the inessege I left todsy xegaiding the vizunce request ibr 1000 Wildhurst 7M1, Request 901«2724. As I stried,Ijosttecetved (he written notice lelated to this lequest Istiongly request that ftiisviriince bo denied. The letsons for niy denial are sbted as such: 1. Variance is inconsistent with the required 75 foot set back for ai^ structure firon ftie lake. 2. Result Vi an obclnicted view of the lake fcom my property and as a result will lower the value of my property. 3. This variance would extend the perceived and real building envelope related to hard cover rules and snay tat piecedest tbat other zeiidents on die hke may encroach upon boundaiiea and possibly ailect natural water filtration of die lake. 4. InconsistentofnanagementofvariancepoIiciesbyFlannmgCommissioa Flease respond in writing to this request wdth die opinion of the Flamuog Administrator's assessment and proposed recommendation to die Planning Commisiioa. 1 r "•uld request this assessment by yonx department well in advaiue of diis ptopoied meeting so diat I can have appropriate legal counsel st^port our position. Sincerely, Ronald N.Zebeck RNZ/qjb CCi Wendy BBttmhgg, Otnna Plafni-iij Scott Briduon, Lecnaid, Street and Deinaid 1 . ifaimMllTimifi rlriiin ~ 11 ~ n WVif^r T ^ ' T iTi«*w iTlr — Tiisseifiii «>ln^iiii ii i i si THAIS INO CM ••• ¥ -jikeview Ciolf - Course. ft. * WIST IHAHCW HO HEO OAX Red Oak Goir SEE MAP 61 4C Course ^ ' Jennings ' Non X 1'^ /'■ 1600 M«r/ V§?2oo„ \ .*.- \ Forest S W iHAHOVICw'-W Arm t • V^:: * 9c«i1 m»2 ^MHBOH U X ^Harrison • I / «bn/«ooo Skogsberg Point g * *•. g * V 4600 ORONO Arm West Shadnood Point IB DEERINO 3 ^ \ ISLAND Fagerness Point m mm I 00 H02400u jMomMn. UI.Mll M SPRING i^oaonnoiM wariift \7 Seroni Lake SiSai*n WA k >A /J niLji/mll •Mr* •UOOi*w "tw Spring i-emsui i§!i^ s CO i I ETi Black Lake uSlilflB/.•I4HMH0HU Fork HAT HO. Bay 4^\SH0IIUIIIE o ‘^x %o Cl Hennepin County Taxpayer Services Department « : •• 'Vi«* : 9 * : nl »' |t-^» ; 9 ^ L:v/, j h VILOtfURiiT TR L1 r ; 1 i •<3) <s}: 9 1• I 2 1• • 1 9 9 •9 y <'•1 \ Tmr ffwo rr \• Mltaeraniv \ \ \ WILDIHURS ..........'1/ //mmstrgnrf'\ . ••*nn ^ .'Mrmtya on-ui- J2.3- <23} JN^easr - '••sT »/♦« / /“ A ' V A // , /V^icNy .5 ■■C^C'..‘V / >L I f2<a; tf k- A > 2 1 tzc 8/ % 7 6- ■■ / / / / / d>7-/'7- ^'iT^s. O Parcel limrnieitioh Q Parcel ID 0711723130217 House Number 1000 Street Name WILDHUR8T TR Condominium This is not a legally recorded map. It represents a compilation of infomMon and data from City, County, and State road authonties and other sources. r mm OATE 9^/19/91 BATCH 5B2 NCHNCPIN COUNTY PBOfEIITY INFOBNATION SYSTEN PtOPEHTY OHNERS LIST BEPOflT NO. P14SMBI PACE B PROP ADDt OWNER NAME TAXPAYER NANE/AODR PROP ADOR OWNER NANE TAXPAYER NAHE/ADOR PROP ADOR OWNER NANE TAXPAYER NANE/ADDR PROP ADOR OWNER NANE TAXPAYER NANE/ADDR 56 IT-IIT-ZS 2^ 6615 •AA46 FOREST LAXE LANDXN6 P W NARTINSON/X N HA»vTNSON PETER V NARTXNSON 4446 FOREST LAKE LANDXN6 NOUND NN 55344 SB 67-117-23 24 •6X4 64456 FOREST LAKE LAN0XN6 R L t W A WOLFF ROBERT L I VELNA A WOLFF 4456 FOREST LAKE LANDING NOUND NN 55344 56 67-117-23 24 6617 §4446 FOREST LAKE LANDING R S NULLXN ILF NULLIN ROBERT I LXSA MILLXN 4446 FOREST LAKE LANDING NOUND NN 55344 36 67-117-23 24 6646 64476 FOREST LAKE LANDING R W WALTER JR i J N WALTER RICHARD W WALTER JR 4476 FOREST LAKE LANDING ORONO NN 55344 36 67-117-23 24 0641 61666 WILDHURST TR J N PREW I K L PREW JOHN I KAREN PREW 1666 WXLDtKIRST TR NOUND NN 55344 SB 67-117-23 24 6642 64466 FOREST LAKE LANDING LOREN F SCNOENZEIT ET AL LOREN F SCNOENZEIT 4466 FOREST LAKE LANDING NOUND NN 55344 56 07-117-23 24 6645 61664 WILDHURST TR F 6 JORGENSEN I R N ASHER F 6 JORGENSEN I R N ASHER 1664 WILDHURST TR NOUND NN 55344 36 67-117-23 24 6644 61674 WILDHURST TR ILONA J PETERSON KENNETH C PETERSON 14626 13TH PL N PLYNOUTH NN 55447 56 67-117-23 24 6647 64415 FOREST LAKE LANDING TINOTHY I LORIE LINE TXNOTNY I LORIE LINE 4415 FORST LAKE LANDING NOUND NN 55344 TOTAL BATCH 562 66627 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORNATION AS XT APPEARS THIS DATE ON TNE RECORDS V. J / •* a mm DATE avii/n BATCH 502 mmtriH county mopciTY infimnation system PROfCtTY OyNCBS LIST REPORT NO. PXASS4R1 PACE A PROP ADOR OWNER NAME TAXPAYER NANE/ADDR SB i7-lI7-2S 12 iilX •tY7S WILDNURST TR ANTHONY R SODERHAN ANTHONY R SODCRMAH R7S WILDHURST TR MOUND NN 5S34^ SB B7-117-2S 12 BMS ••BBS WILDHURST TR JANET L 6XLLQUIST JANET L GILLQUXST BBS WXLDHURST TR NN 55S4B SB f7-117-2S 12 BiBB •BB«5 FOREST ARMS LA A L CURALINXK B V CURALNXX ALBERT B VALERIE CURALNXX BBS FOREST ARMS LA HN SSS4B PROP ADDR OWNER NAME TAXPAYER NANE/ADDR SB B7-117-2S IS BBBS •BBSS ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND CITY OF ORONO P 0 BOX Bb CRYSTAL BAY HN 5SS25 SB B7-117-2S IS BBBS BBBSB ADDRESS UNASSXCNED VINCENT L PETERSON VERNON F PETERSON 17B25D CO RD B7 PLYMOUTH HN SSBbb SB B7-117-23 IS B2Bb BBBSB ADDRESS UNASSXCNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOM bb CRYSTAL BAY MN 5SS2S PROP ADDR OWNER NAME TAXPAYER NANE/ADDR SB B7-117-2S 17 B20B BBBU ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND CITY OF ORONC PO BON bb CRYSTAL BAY NN 55S2S SB B7-117-2S IS B2B9 BBBSB ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND CITY OF ORONO PO BON bb CRYSTAL BAY HN 55S2S SB B7-117-2S IS B21B BBBSB ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND CITY OF ORONO PO BOX bb CRYSTAL BAY MN 5SS2S PROP ADDR OWNER NAME TAXPAYER NANE/ADDR SB B7-117-2S IS B211 BBBSB ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND wITY OF ORONO PO BOX bb CRYSTAL BAY NN 55S2S SB B7-ll‘r-2S IS B21b •BBSS ADDRESS UNASSXCNED HENNEPXN FORFEITED LAND CITY OF ORONO P 0 BOX bb CRYSTAL BAY NN 55S2S SB B7-117-2S IS B21b BB99B WILDHURST TR R N ZEBECX B R J ZEBECK RONALD N B RITA JANE ZEBECX 99B WILDHURST TR MOUND NN 55Sbb PROf^ ADDR OWNER NAME TAXPAYER NAME/ADDR SB B7-117-2S IS B217 BIBBB WILDHURST TR DAVID A TINP B MICHELLE TINP DAVID A TINP 975 WILDHURST TR HOUND HN 55S^ SB B7-117-2S 21 BBBS BB995 WILDHURST TR S J NAGEL B N NACEL SCOTT J NACEL 995 WILDHURST TR HOUND HN 55Sb4 SB B7-117-2S 21 BBBb •B997 WILDHURST TR C E BOEHM B N A C BOEHM CHARLES B NARY ANN BOEHN 997 WILDHURST TRAIL HOUND NN 55Sb9 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR SB B7-117-2S 21 BBBS ••999 WILDHURST TR H W B N C NXNERFROH MARTIN W B NAN C NINERFROH 999 WILDHURST TR HOUND NN SSSbb SB B7-117-2S 21 BBIS BlBBl WILDNURST TR NANCY L FERRELL NANCY L FERRELL IBBl WILDHURST TR HOUND MN 55Sb9 SB B7-117-2S 29 BBll BIBBB WILDHURST TR RVC HOMES INC RVC HOMES INC 155BB WAYZATA BLVD WAYZATA NN 55S91 #2724 ADDRESS # /OOP toJLLkuhJol- K PERMIT RECORD Parmlt Noi Date Type of Permit tz ApfiJicatioo Date: 9/19/01 Deadline: 11/18/01 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Run Moorsc. City Administrator Paul Weinberger, Zoning Administrator/Planner October 5, 2001 SUBJECT: /HOI-2726 Erotas Building Corporation 450 Orono Orchard Road After the Fact Variance - Public Hearing Zoning District: List of Exhibits RR-IB, 2 acre. One Family Rural Residential A B C D E F Application Plat Map Site Topography Site Plan Existing Fence Standards Property Owners Notification List Review of Request: On behalf of the property owner, Erotas Building Corporation has submitted an after the fact variance to permit a 6' fence to be located within the 50' street yard setback where fences are permitted to be 3 Vi in height. The fences would be located along Orono Orchard Road and Dickenson Street. Orono Orchard Road is the west boundar}' and Dickenson Street is the south property boundary. Fences have been regulated under the section of ordinance titled "non-encroachments ” (Section 10.03. Subdivision 15). Non-Encroachments are items, such as fences, that are allowed to be located within required front, side and rear yard setbacks. In front yards and side street yards fences are permitted to have a ma.ximum height of 3 Vi. Required Variunce.s: Section 10.03. Subdivision 15 to permit a 6' fence to be located within the front and side yard adjacent to the street setbacks where a 3 fence is permitted.____________ Background: The principal residence located on the property has recently undergone e.xtcnsive remodeling and updating. Part of the property improvements include removal of the "old” guest house and to construct a new guest house on the property. In June. 2001 the City approved the conditional use permit for the new guest house. The overall site plan also includes a security gate and enclosing the entire property with a fence. Last year a permitted 6' fence had been installed along the north and east property lines, and a 3 Vi fence had been installed along the south property line. ffOI-2726 Eruus Building Corporaiiun 450 Orono Orchard Road 9/I7/0I Page I of 5 The new portion of the fence was installed in August. 2001. Staff issued a stop work order for the new fence along Orono Orchard Road and Dickenson Street. The builder contacted Staff shortly after the order and requested to finish the final few posts since nearly the entire fence had been constructed. Landscaping: Along the Orono Orchard Road and Dickenson Street property lines a vegetative bufl'er has been installed by the pioperty owner. The new trees range in height from 13' to 16 ’. The landscaping has consisted of planting a dense row arborvitae trees. The trees are planted leaving no view of the property from the street. The fence has been installed between the trees and the house. The row of arbon itae trees has eliminated view of the fence along the property lines. Along the driveway otTOrono Orchard road 9 pin oak trees with a trunk size of 6" to 7" ha\ e been planted. The full plan includes the following new trees (many have been in.stalled): 81 arborvitae trees 13* to 16* in height 9 pin oak 6" to 7” in diameter 8 spruce trees 20' in height (additional arborvitae to be planted on northwest side of property - number and location has not been determined) Preexisting trees include 8 mature maple trees between the road and newly planted arborvitae. The maples have trunk sizes ranging from 18" to 26", and numerous mature trees along Dickenson Street and west of the house. Landscaping Plan is attached. STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibit A. The applicant should also be asked for their testimonj regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The properly is behm put to a reasonable use because in contains a single family residence 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The relationship of the property is unique because of the property being a corner lot and is 14.7 acres in size. The lot also has extensive vegetation that would be available to screen most of the fence. <f0I-2723 L'roias Duilding Corporation 450 Orono Orchard Road 9/17/01 Page 2 of 5 8 9. The variance, if granted, will not alter the essential character of the locality. The property is in character with the locality. It is a 14.7 acre lot located in the RR-IB district requiring a minimum lot size of two acres. The site would he completely enclosed with a privacy fence and is a black colored chain link style fence. The actual fence, because it is chain link, is transparent and would not have the appearance of a "walled" property. Most ofthe fence will not be visible due to the extensive "dense " vegetation surrounding the property. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential which is a permitted use in the zoning district. The construction of the fence does not alter the u.se of the property. The Board or Council may pemiit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot is a corner property with acres. The fence would not be closer than 12'to the west property line and not clo.ser than 6' to the south property line. The last ±500feet and along the south property line and in the northwest corner of the property would not be screened with the dense vegetation. The fence would provide security to the propertyfor the owner of the property. The conditions do not apply generally to other land or structures in the district in which said land is located. Only a limited number of lots in the RR-IB district are of a size (14.7 acres) and dimension (double frontage on nvo public roads) as the subject property. Trees have been planted dense enough to provide adequate screening for the fence. #01-2726 Erotas Building CoqKiriUoa 450 Orono Orchard Road 9i\im Page 3 of 5 1 I 1 0. The granting of the application is necessary for the preserv ation and enjoyment of a substantial property right of the applicant. The applicant has staled the fence would be necessary for security on the properly. The proposed fence would provide security and not change the character of the property. Neighboring residents had addressed the City Council recently about the number and breeds ofdogs on the property as part ofthe Residential Kennel License review. The 6 'fence would also provide fencing to keep the dogs on the property. 11 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrar>' to the intent of the Zoning Code. The fence would not impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The Zoning Code limits the height on fences in street yards for a variety of reasons including visual impact and not to negatively impact and create public safety issue by restricting adequate site distances to a road There would be minimal impact on the aesthetics of the fence because most of the fence is screened by the trets. The fence is located between 12' and 45 'from the property lines along Orono Orchard Road and would be setback 6'to 13 'from the property line along Dickenson Street. Both Orono Orchard Road and Dickenson Street are paved with an additional 15' to 20' of distance between the traveled portion of the roads and property lines. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variance will provide added security to the property’ which is a concern based on the relatively large size of the lot Other public .safety issues to consider are the fact a large pond is located in the center of the property and the use of the property for dogs. The Council had recently approved a Residential Kennel License for the property. Staff Recommendation Stall'is recommending approval of the variance request based on the hardship that the fence would be securing a large property of 14.7 acres in the RR-IB zoning district. The property is in an area where the general development is consistent with other properties in the locality. Generally the City has required screening to eliminate the visual impact of oversize fences. The screening provided does minimize the visual impact of the fence. 001-2726 Eroias Building Corporation 450 Orono Orchard Road 9 17/01 Page 4 of 5 Options for Planning Commission Action A. Recommend approval. B. Recommend denial, stating reasons. C. Table. D. Other action. * #01-2726 Erolis Building Corporation 450 Orono Orchard Road 9/17/01 Page 5 of 5 *.*an \ t^ystPTirWTi^ # ., v* . A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change hrom original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Appycatkm # 0/->272(# Date Recche^ 9/l^Jti Amount Paid PROPERTY INFORIVIATION Site Address Property Identification Number (P.I.D.) MATION ^ ^ygo n/iufMLd lo. Attach legal description to application if not included on required surv ’ey. Date Property Acquired _______________ I (do), . _ the adjacent parcels of land. Present ot property: y residential ___other (specify). Zoning District:_________________________ .(month/year) APPLICANT Name Address; ANJ ^75 ^ ^ Phone (home) 7^ Phone (work) ^^ 0 f — l/Sq ^ VlUieCitv: Zip: S OWNER (if different than applicant) Name C\ Phone (home)_^_____ ______ ________________Phone (\vork)'^[5^«-‘^*f7-“*?*1iT l^flCitv: ______Zip:__________ DESCRIPTION OF REQUEST ^ Estimated Constriction Cost $__ Descril^ request in detail: ^ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear __Average Lakeshore /C Other (specify)__"—P> fa>- ' HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difflcultv or unusual property conditions preventing qompliance with Zoning Code requiremei^: tfa '^K/LU (attach additional sheets if nen»««»rv'v 2726 r , Hennepin County Taxpayer Services Department ;/ '4 I I V 4f r 4 4 2ND ADDN vMmIBkH 1^:__•' “~r7iri-Tr~T * ••♦- nrv 1 '* >0n •I »r»fi '■ », g;» »i«» - ; 7 ' T-;r::r. • ■ r7*T>\ T";-'—? 7-^;—p-7,-^s \ , / .*» • / » .. —-. ^ Parcel Intimation Parcel ID 0211723310047 House Number 430 Street Name ORONO ORCHJUID RD S Condominium This Is not a legally recorded map. It represents a compilation of InfomaUon and data horn City. County, and State road atrf^iorMi«s and other sources. N 88*4V 20" W J 957.25 Itttt of found iron , il monvmcnti motKin^ pnoperi'f fo£a»f »j D A I 8 u t CM O CM ch o' ' , • / so* t ZVt TcmsC IkItHkKd r" ' S 88*48* 30** E 980.02 DICKENSON STREET 0 100 200 300 400 . i 1 o N ►CITY OF ORONO Fence Regulations Qsassat 1. Fences meeting height and location regulations do not require a permit, Fences must be within property boundaries, but no setback is required.2. 3.The City of Orono does not require fences around swimming pools; however, property owners are advised to check with their insurance company. 4.The City of Orono does not regulate fencing materials or visual appearance of fences. Fence Heiphi/Location Standards Location Standard: Maximum Fence Height Front Yard 3 '/i' Side Yard 6 ’ Rear Yard 6 ’ ore Lot: Lake Yard 3 'A'Ahead of "average lakeshore setback line", except D2 fence is allowed within 75’ of the shoreline Side Yard 6 ’Behind "average lakeshore setback line" Street Yard 3 'A'(6 ’ along County & MSA Funded Roads) Comer LotL light Triangle Front Yard Side Street Yard Side Yard Rear Yard 3’ 3 W 3 W 6’ 6’ If you have further questions regarding fences, please contact the Building and Zoning Department at 249-4600. X:VAPPS\WPWIN60\WPDOCS\FORMS\FENCE I i . 1 i ■{ i RUN OATt 0^/17/01 RMCH SRS RROf ADOR OWNER NAME TAXPAYER NAHE/ADDR M •2-I17-2S U •••* ••SIS WOOONIU «D W N NCCOIXE INN NCCUIRE W N NCCUIRE ANN NCCUIRE SIS NOODHILL RD WAVZATA NN 55SR1 HENNEPIN COUNTY PROPERTY INEORNAIION SYSTEN PROPERTY OWNERS LIST SO A2-1I7-23 2S AM* •tS07 ORONO ORCHARD RO S D D A K N NACNILLAN DAVID D NACNILLAN P O BOX 5*20 HPLS NN 55**0-5*20 REPORT NO. PI*S5*A1. PACE 15 SO *2-117-25 2* #00* •0S*0 ORONO ORCHARD RD S SAN OSBORN STEELE B OSBORN S*0 ORONO ORCHARD RO WAYZATA NN 55S91 PROP ADOR OM«R NANE TAXPAYER NAHE/ADOR PROP ADOR OWNER HANE TAXPAYER NAHE/ADDR PROP ADOR OWNER NANE taxpayer HANE/AODR PROP ADOR OWNER NANE TAXPAYER NAI«/ADDR PROP AODR OWNER NANE TAXPAYER NANE/AODR SB 02-117-25 2* #01# ##355 WOOOHILL RO T E NCNELLIS A R J HCNEILIS THONAS E NCNELLIS 355 UOOOHILl RO WAYZATA NN 55591 SO #2-117-23 51 #01* 00521 HANLON AVE C P CURLER 0 B CURLER CHARLES P CURLER S21 HANLON AVE WAYZATA HH 55591 30 #2-117-25 31 #0*7 e**5# ORONO ORCHARD RO S KEVIN CARNETT KEVIN CARNETT *50 ORONO ORCHARD RO S WAVZATA NN 55391 SO #2-117-25 51 #05# 0029* WOOOHILL RO JOHN C 0 LOIS A O'HALLEY JOHN C t LOIS A O'NALLEY 29* WOOOHILL RD WAYZATA NN 55391 SO 02-117-25 *2 ##11 •••30 ADDRESS UNASSICNEO CITY OF ORONO CITY OF ORONO p 0 BOX ** CRYSTAL BAY NN 55325 SB #2-117-23 51 0002 01230 DICKENSON ST W N NCCUIRE INN NCCUIRE W W NCCUIRE 0 N H NCCUIRE 1250 DICKENSON ST WAVZATA NN 55391 30 #2-117-25 51 #027 •1255 DICKENSON ST HARION J OETTLOFF HARION J OETTLOFF 1255 DICKENSON ST WAVZATA NN 55391 30 *2-117-25 51 00*0 •1225 DICKENSON ST B N VOUNC TRUSTEE W/L EST FAYE LILKE 1225 DICKENSON ST WAYZATA NN 55391 30 #2-117-25 51 O*#! ••500 HANLON AVE P A I N H BENNETT PAUL A 0 NECAN N BENNETT 500 HANLON AVE WAVZATA NN 55591 50 #2-117-25 51 ###3 ••*80 RUSSELL AVE JOSEPHINE B CARPENTER JOSEPHINE B CARPENTER DOX *59 (*BB RUSSELL AVE) WAVZATA HM 55591 SO #2-117-25 51 #059 01295 DICKENSON ST R S HILLER/K E STENSO HILLER RICK S HILLER *955 PERKINSVILLE RD NAPLE PLAIN NN 55559 SO #2-117-25 51 0#*9 ••5B0 ORONO ORCHARD RD S S S 0 J E WEBSTER STEVEN S 0 JO ELLEN WEBSTER 5*0 ORONO ORCHARD RO S WAVZATA NN 55391 SO #2-117-25 52 #001 00405 ORONO ORCHARD RO S EDWARD H HAHN TRUSTEE EDWARD H HANH *00 ST PETER ST 0*5* ST PAUL NN 551*2 TOTAL BATCH B05 0001* #2 Cl) iTp I’ ■ •n 13 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bollenberg, Zoning Administrator/Planncr October 12.2001 «OI-2727 Joseph and Mary King 142 Chevy Chase Drive Variance -- Public Hearing Zoning Dbtrict: R-l A One Family Residential District (I Acre) Actual Lot Area: 29,250 s.f. (.67 acres) List of Exhibits A Analysis B Application C Rev ised letter from applicant D Initial letter from applicant regarding proposal E Site Plan/ Survej F Floor Plans G Elevations H Location Map I Plat Map j Properly Owner's List Pertinent Code Sections I. Section 10.20, Subd, 5(B): Lot Area: The lot is 29,250 s.f. where 43,560 s.f is the minimum lot area for the R-l A zoning district. Application Summary: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The lot is appro.ximately .67 acres and the minimum lot area requirement is 1 acre. Background: The applicant's initial proposal was more expansive than the plan now in front of the Planning Commission. After reviewing the application, staff discussed structural lot coverage on the lot with the applicant, explaining that structural coverage on the lot was increasing and was already over the allowed 15% by city code. The applicant decided to go forward with the plan but with some modifications. The size of the proposed residence was downsized to 4,380 s.f (14.9%) meeting the 15% structural coverage for the lot. I lowever, there is an in ground pool on the property and it remained part of the plan. Orono city ordinance adopted in February 26, 1990 states pools, including pool basin and a.ssociated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed w ith a fence shall be included in the calculation of lot coverage by structures. The proposed residence, pool and deck total 6,790 s.f (23.2%). There has been some discussion as to whether this ordinance provision is appropriate for in ground pools which do not have visible structural bulk above ground. City staff is bringing this aspect of the structural lot coverage ordinance to the November, 2001 Planning Commission meeting to review for possible amendments. »0!-2~2~ Joe & Mary Kmg 142 Chexy Chase Drive H ayzala. MS SSJ91 Page I Because this proposal includes an in ground pool and the revisiting of the associated ordinance won’t take place until November, the applicants have decided at this time to apply only for the lot area variance. They have stated with lot area variance approval, they will remove the pool when the existing residence is demolished. (Exhibit C). But their thought is. if the ordinance regarding in ground pools is revised so that pools and their patios won’t be calculated in structural lot coverage, they will be able to keep the pool and begin construction on the new residence. However, they will then have an accessory structure without a principal residence. A variance for this needs to be applied for and approved prior to construction of the new residence. In November 1996, a permit was issued for the pool constructioa The survey and paper\\ork submitted for approval indicated a 20' x 40' pool and no decking around the pool. A 880 s.f. (20' x 44') pool was constructed and substantial decking (2.320 s.f.) was constructed. The square footage of the existing residence, pool and surrounding decks total 6,010 s.f. (20.5%). At that time the structural lot coverage would have been over the allowed 15% and a variance should have been required for approval in 1996. Issues for Consideration: 1. The lot has an existing residence on the property. 2. 3. 4. 5. The lot is provided with sanitary sewer. The proposed development would conform to yard setback requirements. The proposed residence meets the allowed 15% structural lot coverage. The applicants have stated they will remove the pool when the new residence is demolished, w ith the thought the ordinance regarding pools as structural lot coverage is changed the pool will stay. If the ordinance is not changed, what is the time frame in which the pool is to be removed? 6.If the ordinance is changed, a variance for accessory structure without a principal residence needs to be approved prior to demolition of the existing residence. Such approval could be conditionally granted with the lot area variance, and only taking effect if the code is changed as discussed. 7. Does Planning Commission have any additional issues or concerns with this proposal? Staff Recommendation: Staff recommends approval of the lot area variance with the condition that the pool be removed when the house is demolished. mi-2727 Joe & Mary King 142 Chevy Chase Drive Wayzata, MS 5539! Page 2 \ lair*.«<1 a k*n> i I Staff also recommends the granting of a conditional variance for accessory structure without a principal structure, that would only be effective if the code is changed (prior to house demolition) to no longer calculate pools and their patios as lot coverage. Options for Action: 1. Recommend approval of variance. 2. Reconunend denial of variance, slating reasons. 3. Table, giving applicant direction. 4. Other action. UOI-2727 Joe d Mary King 142 Chevy Chase Drive Wayzata, MN 5S39I Pages I......... >.... ANALYSIS A Lot Requirements R-IA Lot Area Lot Width Required I acre 140’ Actual .67 Acre 150* • • CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-confoiming structures $250.00 After-the-Fact Fees (Double application fee) Application U Date Recehcd" Qltkj 0 / Amount Paid PROPERTY INFORMATION Site Address 1*43. r*lU v*Lj Property Identification Number (P.I.D.) - it ^ I _______________ Attach legal description to application if not included on required survey. Date Property Acquired .Tidg KjcH____________________________^(month/year) lia<I (do) (do not) also own the adjacent parcels of land. Present use of property: ___presidential ___other (specify). Zoning District:____________________________________ APPLICANT Phone (home) Name Oa) Phone (work) ^S!3L - ^70 - (-Insn Address: fr-iMV i Xitv: i Arr'r:>iCr_____Zip:/h v OWNER (if different than applicant) Name KlXL< i> v-'3oC _________ Addres^^4^ C1 vt J cj C i\.SL r> i Phone (home) _____ Phone (work) ^ifyi - ^1 - 6 City: LCi^LLj^ _____Zip: *5^^l / DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost S (attach additional sheets if necessary) VARIANCES REQUIRED K Lot Area Lot Width Hardcover Sl’v'u/.-h-'rV'{ /_Lot Coverage Setback:Front Side Rear Average Lakeshore / Other (specify) MciB\vu.c-\v.virg t.Ciouf pinfY»t'piC HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual propert)' conditions preventing compliance with Zoning Code requirements:_____________________________________ (attach additional sheets if necessary) ^ g O ^/C I & OCT-l1-2001 15!50 SHPRR0TT & M0CDONPLO 952 470 8407 P.01/01 C .1 1 II : .1 : III!!• '11.11> I October 11,2001 Wendy Bottenberg. Planning Paul Weinberger, Planning City of Orono pOBox66 Orono, MN 55323 Scot by Fax (952/249-4616) and US Postal Service RE; Requested modification to the King's variance request dated 9/19/01 Deal Wendy and Paul. With regard to the many discussions and questions you have kindly helped us with, and punuant to the best interests of Maty and Joe King, The Kings and we are respectfully requesting the varianw be amended to solely the issue of permission to build a new home on their noo-coolbrmiog lot siu. In order to comply with die letter of the present aoning ordinance, upon issuance of a building permit far their new home and the necessary demolition of die existing home, the Kings agree to rernove their 3 year old pool and pool deck since it is presently considered ‘'accessory structural coverage". We understand the issue of the ordinance ctassiiying an in-ground pool and pool patio as part of structural coverage, has recently come into question by the City of Orono City Council members. Planning Commission members and staff. In light of this fiut, and should the ordiaaiice (Aange prior to the time Jie King’s construction begins, the Kings reserve their right to change their minds about removing the pool and patio if it becomes no longer defined as accessory structural coverage. The issue of leaving this pool as an accessory structure upon demolition of the home, we understand will be addressed in the staff report. In suromatioo. the structural coverage of I5H of the lot area will be met by the propose design of the home less the existing pool and pool patio. Therefore, the only request for variance being submitted is for construction of a new hone on a substandard sixe non-conforming lot. Again, thanks for your time and assistance with this request Sincerely, Michael Sharran Sbarratt and MacDonald Design Company Architect and Owner’s Represenutive SHAfWATTimCOONMJ) DSSION COMPAMV - ------- • ---------h 4- Ml ScAoo/Avww* MtO, eiC«*Uar, WSwiesota WMf roe Avenue. Mtinaapoii. Manoesofe 05409 ($92} 4ro-$rao Pm4n-9407 (912) iU-1922 Fn UMf40 DATE: PROJECT: SUBJECT: FROM: COPIES TO SeptemJser 16,2001 King Home, 142 Chevy Chase Drive, Wayzata, Mn. 55391 Descriptive for Variance Sharratl MacDonald Design Co. Mary and Joe King; he. ie Owners OMCription of Varianco Raqueat The Kings property is a total area of 29,250 sf. Their property is located in a portion of the City designated as 1*acre min lot size (43,560 sf). The homeowners desire to construct a new home on their existing property. Since the property is less than one acre the Owners are requesting a Variance to construct their new home on their property. An outdoor swimming pool and pool deck currently exist on the property. The Owner desires to leave the swimming pool and the pool deck in existence during and after the construction of the new home. According to zoning requirements all accessory structures are to be removed prior to redevelopment of the property. The Owners request a Variance to leave the swimming pool and pool deck in place. Currently the property Lot Coverage consists of a home of 2710sf including protected walks and front entry roof overhangs, a swimming pool of 880sf, a pool deck and walkways of 2320sf and a wood deck of lOOsf. The total of all existing lot coverage is 6010sf. The Kings property is unique in that the City of Orono owns two (2) parcels of land to the north [#42 and #43] and a parcel across and slightly to the northeast of Chevy Chase Drive [#27]. It is the King's understanding that these lots will not be built upon. It is also the applicant's understanding that the intent of Lot Coverage is to control/limit the building massing when analyzed in relationship with neighboring homes. Since no development will take place on these parcels, it seems appropriate that the proposed design be accessed in relationship with the current and future building massing conditions. In that light it seems reasonable to allow for a design that has a larger Lot Coverage than allowed by the Zoning Ordinance. ■(lutiva SHARRATT S MACDONALD DESiGN COMPANY m----------------§■--------—•----------------k----------------1- 26f School Avo St§ 310 ExcoNtor. Mmnosolo 5S331 1641 Honnopin Avonuo MinnoopohM, MN 55403 (952)470^0750 Fwt (612)470^7 (612) 333-1822 Fox (612) 338^2146 #27 D September 18.2001 page2 An additkinel hardship placed on the property is the tad that H exists in a portion o( the City that has been designated as 1-acre minimum lot size. The Cify has dassMed the lot to exist as substandard however K is subject to criteria pertaining to 1-acre lots. Consequently the potential lot coverage is restricted in relationship to the allowable potential for a 1-acre site. To express the hardship in other terms, a 1 acre property (43560sf) would yield a lot coverage of 6,534sf not 15% of the property (29250s0 which equals 4378.5. The Zoning Ordinance states that swimming pools (permanently constructed) and the associated pool deck are to be considered as stnicture and consequently included in the Lot Coverage. In this particular situation the pools exists, is in the backyard of the property and visually has no street presence. Furthermore the proposed house design fits within the front-yard and side-yard setbacks and alows for a substantial amount of existing pool deck to remain in place after construction of the home. It is the applicant's opinion that the size of the existing pool and deck should have no bearing on the ability to Tit* a new home on the site espedaly if all setbacks are met and the pool presents no basis for analyzing the massing of the new home design in relation to other properties. Therefore the Kings request a Variance to constnict a new home and incorporate their existing pool and pool deck for a total lot coverage of 7l00sf as diagramed on the enclosed drawings. SHARRATT S mCDONALD DESUSN COMPANY m w ■ •--------------N I 291 SehoolAm SM 310 Exethior. JUmMOfa 55331 1941 Htnntfiln Avtnut MN 55403 (952)470^750 Psji (912) 470-9407 (912) 333-1922 Fax (912)339-2149 # O “7 'O' il t ■; i -----------------Tfc vf-..- ’i' ^oia KIT- \i^\'i>*:. - .4^x^6A0.A?<. £>b'6>. iTi*!-• \^Tf^' ^■ ~in e4P^Ai—: caigi :__ yj>V*t^ . ... P^lv/«; 1 yVl '^l/«&/> “i- iHSf .P*y(.i iwjay.. pT?|*- V/IgsV^/ >5' H^TT®’'^ t» t--*- / V A / i / r / Vj \1 9I % \ / o-S»SS;r/^‘W <•. c**s»'x.'>-2S5:Si ' • ) vi' Hiifiiiiilll ' Iss«ai '9S&' .........„ ........... ______•■ :•. V-^-v- ................ • • ------------------------ -------------------------------------------------------- ------------------------- --------------------------------- ---------------------------------------------------------------------------------------------------------------- ■“ “■■•*•<•'■.?•• • • m * ^ mm DATE 09/17/01 BATCH 507 PBof Anon OHNER HANE TANfAVER HAHE/ADOR 36 34-116-23 41 0002 00345 FERNOALE RD N OOP CHASE JR DONALD A PATRICIA CHASE JR 345 FERNOALE HAYZATA MN 55391 HENNEPIN COUNTY PROPERTY XNTORNATION SYSTEN PROPERTY OMNERS LIST 36 34-116-23 41 0006 00105 CHEW CHASE DR LEE 0 LATHROP A HIFE LEE 0 LATHROP 3 05 CHEW CHASE DRIVE HAYZATA NN 55391 REPORT NO. PX435461 PARE 21 36 34-116-23 41 6009 00107 CHEVY CHASE DR THONAS R DUNN A LYNNE A DUNN THONAS R DUNN 107 CHEVY CHASE OR HAYZATA NN 55391 PROP ADDR OHNER NANE TAXPAYER NANE/AOOR PROP ADDR OHNER NANE TAXPAYER NANE/AOOR PROP ADDR OHNER NANE TAXPAYER NANL/ADDR PROP ADDR OHNER NANE TAXPAYER NANE/ADDR PROP ADDR OHNER NANE TAXPAYER NANE/ADOR 56 34-116-23 41 0010 00109 CHEVY CHASE DR H E ARNOLDY ETAL H E ARNOLDY 109 CHEVY CHASE OR HAYZATA NN 55391 36 34-116-23 41 0017 00123 CI^Y CHASE DR R E STRAUNAN IKE STRAUNAN R E STRAUNAN IKE STRAUNAN 123 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-25 41 0020 00129 CHEVY CHASE DR D N SAHLSTRON/J E SAHLSTRON DAVID N I JEAN E SAHLSTRON 129 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-23 41 0023 00135 CHEVY CHASE DR ROBERT B HOHE ETAL ROBERT B HOHE NO 135 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-23 41 6024 00141 CHEVY CHASE DR ROOER D I NEOAN N RENARK ROGER D I NEOAN N REHARK 141 CHEVY CHASE OR HAYZATA NN 55391 36 34-116-23 41 0015 00119 CHEW CHASE OR T H FORSTER I 6 J FORSTER THONAS FORSTER 119 CHEW CHASE OR HAYZATA NN 55391 36 34-116-23 41 0016 00125 CHEW CHASE OR K A STRICKER I R J GRIFFIN K A STRICKER I R J GRIFFIN 125 CHEW CHASE OR HAYZATA NN 55391 36 34-116-23 41 0021 00131 CHEW CHASE DR P D NOYNEUR I L H NOYNEUR PATRICK D NOYNEUR 131 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-23 41 0024 00137 C[|EVY CHASE DR C 1 I C SATTERVALL CHERYL X I CRAIG SATTERVALL. 137 CHEW CHASE DR HAYZATA NN 55391 36 34-116-23 41 0027 00143 CHEW CHASE DR HENNEPIN FORFEITED LAND CITY or ORONO P 0 MX 44 CRYSTAL SAY NN 55323 #pi7P»7 36 34-116-23 41 0014 00121 CHEW CHASE DR LOUIS B OBERHAUSER LOUIS B OBERHAUSER JR 121 CHEW CHASE DR HAYZATA NN 55391 36 34-116-23 41 0019 00127 CHEVY CHASE OR JEFFREY G JACOBSEN JEFFREY I ELIZABETH JACOBSEN 127 CHEVY CHASE DR S HAYZATA NN 55391 36 34-116-23 41 0022 00133 CHEVY CHASE OR R S OLSON INN OLSON ROBERT S OLSON 133 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-23 41 0025 00139 CHEVY CHASE DR B J BELTRANO I H J BELTRAND B J BELTRANO I H J BELTRANO 139 CHEVY CHASE DR HAYZATA NN 55391 36 34-116-23 41 0032 00104 CHEW CHASE DR J H I D K HINNICK JOHN H HINNICK 104 CHEW CHASE DR ORONO NN 55391 V) miN DATE 09/17/tl HENNEPIN COUNTY PROPERTY XNFORHATXON SYSTEH PROPERTY ONNERS LIST REPORT NO. PX9S5901 PACE 22 BATON 507 PROP ADDR OMNER NAHE TAXPAYER NANE/ADOR SB 34-1X6-23 41 BOSS 00104 CHEVY CHASE DIt 0 If JOHNSON B A L JOHIGON DENNIS W JOHNSON 104 CHEVY CHASE DR S WAYZATA NN 55391 35 34-116-23 41 0034 001OB CHEVY CHASE OR HENDELL R ANDERSON MENOELL R ANDERSON lOa CHEVY CHASE DR HAYZATA HN 55391 36 34-116-23 41 0035 00114 CHEVY CHASE DR C A LAN60UTH TRUST CHARLOTTE A LANGOUTH 114 CHEW CHASE DR WAYZATA NN 55391 PROP ADDR OWNER NANC TAXPAYER NANE/ADOR 36 34-110-23 41 0034 00114 CHEVY CHASE DR R J NCCARTHY ET AL TRSTES RICHARD i JOYCE NCCARTHY 114 CHEVY CHASE OR WAYZATA NN 55391 36 34-116-23 41 0037 00120 CHEVY CHASE DR THONAS B CASWELL JR 6 WIFE THONAS B CASWELL 120 CHEW CHASE DR WAYZATA NN 55391 36 34-116-23 41 0036 00122 CHEVY CHASE OR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE OR WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR 36 34-116-23 41 0039 00124 CHEVY CHASE DR TXNOTHY P I SUSAN L TIHOTHY P NESVOLD 124 CHEVY CHASE DR WAYZATA NN 55391 NESVOLD 36 34-116-23 41 0040 00124 CHEVY CHASE OR RUTH L BROWNAWELL TRUST ROBERT BROWNAWELL 417 OAK ST FARNXN6T0M NN 55024 36 34-116-23 41 0041 00126 CHEW CHASE OR 0 C 6 E S SNXTH 0 CONNELL SNXTH 12B CHEVY CHASE DR WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 36 34-11B-23 41 0042 00132 CHEVY CHASE OR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 44 CRYSTAL BAY NN 55323 36 34-116-23 41 0043 00134 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 44 CRYSTAL BAY NN 55323 36 34-116-23 41 0044 00142 CHEW CHASE DR NARY N KINO NARY N KING 142 CHEVY CHASE DR WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR 36 34-116-23 41 0045 00144 CHEVY CHASE DR D C TERRY 6 N A TERRY DAVID C i NAR6ARET A TERRY 144 CHEVY CHASE OR WAYZATA NN 55391 36 34-116-23 41 0044 00116 CHEW CHASE OR K E HI60IIG 6 L W HIGGINS KENNETH I LAURA HIGGINS 110 CHEVY CHASE OR WAYZATA NN 55391 36 34-116-23 41 0053 00036 ADDRESS UNASSXGNED NORTHGATE TWO HONEOWNERS NORTHGATE TWO HONEOWNERS UNKNOWN PROP ADDR OWNER NANE KEf NO MIAOO OOOSTR • • x:: • • • • srm,*^no LyJiard Lak* BiHni MID 26C0 [,»»iri£kV^5' 2ETM *• ■\A»I nt>* k^i *4A nTi««i I S|«T« / \nM. Ti* 1 \ney EMt 1900 ■ iiniUvf SOfN Lake ' O HIM t*!'* LTO«ARO r Ana !TH AVt a 12TN»> An iltTH AVta iota an a eoo \queensiaro J3A¥E 3 A«XW-< *th A^i\ 300 ft •TM AVE »jt: • »• a!L9«. Wayiata Country Cl * EARM a sC.y\ •S®iiw5 ifun JiRi Monnepin County Taxpayer Services Department.'■rfav d r-l^' Parcel Information Parcel ID 3ei1«23410044 Houm Number 142 Street Name CHEW CHASE DR Cendeminium This Is not a bgefly raconkd map. It foprasants a compilation of information and data trom City, County, and Stata road authorWas and other Murces. V* Application Dale: Deadline: 9/19/01 11/18/01 TO:Cha!r Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:October 5, 2001 SUBJECT: #01-2728 William and Laura Stoddard 4365 North Shore Drive Variance and Conditional Use Permit Public Hearing Zoning District:LR-IB, I acre. One Family Lakcshorc Residential List of Exhibits A B C D E F G H I J Application Applicant ’s Statement of Hardship Plat Map Site Survey/Grading Plan Elevation Views Photo of Boathouse Resolution 4424 - Approving Lot Line Rearrangement Signatures from adjacent property owners Hardcover Calculation Worksheets Property Owners Notification List Review of Request: The property owners have proposed to construct a new house on the propert> located at 4365 North Shore Drive. The lot has an e.\isting house, detached garage and boathouse. A variance is required to permit the 16' X 23.8' boathouse to remain on the property. The e.xisting house is not proposed to be removed, but would be converted into an accessory building to the new house. The existing house would be resized to meet a 10' setback from the street. This would be done by removing a three season porch and part of the structure. The second part of the application is for a conditional use permit for plumbing in an accessory building. The building that is the current residential structure would remain on the property with plumbing fixtures in place, however the kitchen would be removed from the building. In 1998 Council adopted an ordinance that allowed plumbing in an accessory building subject to a conditional use permit. The building would also require variances for location. The building is located 5.4' from the west property line where a 15' setback is required, and would be 10' from the street lot line where a 30' setback is required. A 15' setback is required for accessory buildings greater than 750 s.f. If the building were 750 s.f. or less only a 10' setback would be required. #01-272S William and Laura Stoddard 4365 North Shore Drive la 15/01 Page 1 of 6 Background: The property was part of a lot line rearrangement that was recorded in 2000. The final Council approval included a provision that a variance to the 140’ lot width requirement be granted to permit redevelopment of the lot and the lot be considered a record lot. A copy of the Resolution approving the lot line rearrangement is attached. Lot Width = 113’ Lot Area = 45,150 s.f. Code Review: Required Variances and Conditional Use Permit: Boathouse - Section 10.03. Subdivision 9 to permit the accessory building to remain on the property w ith construction of a new principal residence. The City of Orono has required variances to permit accessory buildings to remain on the property when principal buildings have been removed. The e.xisting boathouse is a •'legal-nonconforming** building. It is non-conforming because it is structure and hardcover located within 75' of the OH WL of Lake Minnetonka. The boathouse is “legal** because it was constructed prior to the adoption of the zoning ordinance. The change to the status of the principal dwelling unit also changes the status of the building. The Citj has, in some cases, required non-conforming structures to be removed when the principal dwelling unit has been removed, or in this case the principal building status is being changed from the existing house to the new house. The only process to keep a non- conforming building is the variance process. The City has looked at a number of other instances where hardcover located within 75' of the lakeshore has been allowed to remain, but only if the hardcover was deducted from the allowed hardcover in the 75-250' lakeshore setback. A total of 421 s.f. of hardcover would remain within the 0-75' setback. The would be 381 s.f. for the boathouse and 40 s.f. for the boulder wall next to the lake access stairs. The other hardcover including the second stairway on the west side of the property and railroad ties is being removed. 421 s.f of hardcover in the 0-75' setback and the proposed 4,724 s.f (23.6%) in the 75-250' setback would result in total hardcover of 5.145 s.f w ithin 250' of the lakeshore. Lot area in the 75-250' lakeshore setback is 20,015 s.f Allowed hardcover is 5.004 s.f The total hardcover is 141 s.f greater than what is allowed in the 75-250' lakeshore setback. Accessory building - Conditional Use Permits,Wariances (conversion of existing house into accessory building The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size and height. The existing house encroaches 9.6' into the required setback to the west side property line, and would be resized to meet a 10' setback to the street property line where a 30' setback is required. Under the provisions of the Code the conditional use permit can not be approved without granting variances #01-2728 William and Laura Stoddard 4365 North Shore Drive 10/15/01 Page 2 of 6 for the location of the structure. The criteria for approving th'. CUP states the building is required to be conforming in location. The building size and height are in conformance with the standards set by the Zoning Code. The survey indicates part of the lot is Hennepin County right of way. Hennepin County (per H.C.S.A.H. No 19, Plat 50, Doc. No. 1484182) acquired a right of way easement over the north portion of the lot. That portion of the property is shown on the survey. Setbacks are measured from the edge of the right of way which is the easement. The building requires a 30' setback to the property line. Only accessory buildings used as garages are permitted to be located closer than 30' to the street lot line. Removing a portion of the building to meet a 10' setback to the street property line would leave the structure 34' X 23.3' or 792 s.f. The 792 s.f. building requires a 15’ setback. Accessory buildings greater than 750 s.f., but less than 1,000 s.f. require a 15' setback. If thi building is sized to less than 750 s.f. a 4.6' variance to the side property line would be required. The option to remove a portion of the existing building to meet a 10 ’ side setback has been reviewed by the applicants, and it was determined removing that portion of the building was not feasible due to the existing batliroom and plumbing being located on the side of the house. They have stated the fact that the plumbing is installed is a unique situation. If the plumbing were located on the other side of the house, removal of a portion of the building would be possible. STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibits A and B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because in contains a single family residence. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant has stated the building is a historic building and is in very good repair. Keeping both the boathouse and accessory building may be an amenity, but they are e.xisting buildings that have been located on the property since prior to the adoption of the current Zoning Ordinance. «0t -2728 William and Laura Stoddard 4365 North Shore Drive 10/15/01 Page 3 of 6 J 3. The variance, if granted, will not alter the essential character of the locality, 4. 5. 6. 7. 8. 9. The variance would not change the character of the locality. The buildings would remain on the property, in the case of the existing house would be smaller and used only as accessory to the new house that would be constructed on the lot. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not alone a hardship. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential which is a permitted use in the zoning district. The Board or Council may permit as a variance the temporaiy use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the itwelling status of the property. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot has an existing house, detached garage and boathouse. A variance is required to permit the 16' X 23.8' boathouse to remain on the property. The existing house is not proposed to be removed, but would rather be converted into an accessory building to the new house. The existing house would be resized to meet a 10' setback from the street. The boathouse has been located on the property for many years. The property owner has staled the building has historic value and adds character to the property. The conditions do not apply generally to other land or structures in the district in which said land is located. The building and boathouse are preexisting structures on the property. If the boathouse was destroyed or removed a separate variance review would be required. Other lots do contain existing boathouses, but lots without a structure within 75' of the lake shore would not be permitted to construct a boathouse under existing standards. «0l-2728 Willtam and Laura Stoddard 4365 North Shore Drive 10/I5'0I Page 4 of6 f. ‘ I i'I i: 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. h could be argued the preservation of the boathouse and existing house would preserve a property amenity to continue use of two buildings.that are in good repair and add value to the property. II.The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contraiy' to the intent of the Zoning Code. The buildings would not impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely ser\ c as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The existing condition and location ofthe buildings are the primary issues for not being able to meet the setback requirements for structures. Secondly, the existing location of the plumbing makes continued use of the existing house as an acces.sory building with indoor plumbing fixtures. The buildings are legal non- conforming structures that would not create further non-conformities, and reduce a non ­ conformity by eliminating fxirt of the existing house located within the Hennepin County right of way. Primary Issues for Discussion; 1.To clarify the position to allow accessory' buildings to remain on properties and whether to deduct the hardcov er within 75 ’ of the lakeshore from the total allowed in 75-250' lakeshore setback. Is the boathouse of quality, historical value, and character to make findings there is a unique situation that e.\ists on the property? And. is this a structure that meets the historic value and character that would separate how the City views boathouses versus other accessory structures that are found within 75' of the lakeshore? Is the current location of the e.xisting house and location of plumbing fixtures within the house a hardship that would be unique to this property and justify granting of the conditional use permit and variances? #01-2728 WiIHajh and Laura Stoddard 4365 North Shore Drive lO/LVt)! Page 5 of 6 • - -» y -'I- -^-1 ^' • ly I O dH obs for Planning Com mission Actton A. Recommend approval. 1. Variance for the boathouse to allow an accessory building to remain on the property absent a principal building. 2. Conditional Use Permit for plumbing in an accessory building and variances to allow plumbing in an accessory building that does not meet setback requirements. B. Recommend denial, stating reasons. C. Table. D. Other action. <01 -272S William and Laura Sloddwd 4365 North Short Dnve 1(V15A)I Page 6 of 6 k 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 non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # O ^^ Date ReccivcJ~f//^/o/ Amount Paid ^ PROPERTY INFOR>UTION Site Address WVUTXON . 4^3 r/f. /V Property Identification Number (P.LD.) 6^ 7- // 7 O j v x QQ Attach legal description to application if not included on required surv’ey. Date Prspeia Acquired-----------__________________________________.(monih/year) I (do) ((dojio)) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Zoning District: ^ I R______________ " APPLICAIST ^ ^ Name >; •;A o Tio,0/7/ir Q Address: Vv/>y / O — Phone (home) ^*^.' ? V" ' Phone (work>^''' •<!? City: DhOA C '->Z‘ Zip: r r.?>/ OWNER (if different than a^^icant) Name Address: Phone (home). Phone (work) City:Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ - .v Dereribe request in detail: TO tfAt, Vt'iTMv ,l7{J.f\ ' u V > (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width Hardcover Rear .Lot Coverage .. Setback: __Front ___Side ___Rear ___ Average Lakeshore 2£. Other (specify) /// -------------------------------------------------------- ■■ # HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unu^al property conditions preventing conjpliance wA Zoning Code requirements:.. >S\‘C O Lh'TTS:^^. Jj. i-^iLAArr K i «/ r^. ^ (attach additional sheets if necessary) ■f ••• ?; :f ->• * > •> " “ . V u-.-- i September 19,2001 Mr. Paul Weinberger ZA Zoning Department CityofOrono P.O. Box 66 Crystal Bay, MN 55323 Subject:Request for Variance at 4365 North Shore Drive Dear Paul: Per our recent meeting, in our quest to construct a new house at 4365 North Shore Drive we understand a varumce is needed for leaving a boathouse on the property (auxiliary structure without principal residence). Enclosed with this letter, please find the General Land Use Application and required information for your review. In summary, hardships and reasons to approve our variance request include: Property will be improved by replacing non-conforming structure (current residence is within Hennepin County setback line, with conforming structure); Proposed request will decrease hardcover in the 0-75 foot zone from about 9.03% to 4.97%; Existing boathouse is of historic value, not to mention economic value it adds; This is a General Development Lake, not a Natural Environment or Recreational E)evelopment lake, and is a proper setting for such a boathouse; Orono has permitted various boathouses of much less quality to remain for a variety of reasons, and a neighboring city (Wayzata) has in fact permitted new construction of boathouses recognizing their historical importance; and Overall Structural Coverage is about 11.39%, and Hardcover is about 20.32%. We look forward to discussing this further with you. Sincere^, Willia^L Stoddard / 6 I ! J EXISTING HOUSE DECK V'' . , ■ .-" •. ♦ ■ IW# • ^I ^ 1HS oomn S 89*52* 00'* E 98.00- A=00*54* 39" L= 16.58 .^lcmTuH EXISTING § < HOUSE / 2X9 * f ^ J ^ A • ' / jKii5«) ^S (966«)(9ee.*)| I' *., / i •t N i-'-* • I2S.4).M. A GARA . 2^.2 ;-a 4g*M) 'T»H9) I ' I \ 553* “s CTB a'Sr^\s 1 j ^^^^f.eS€o • V I ■ ■■ 1— 24.67 \ \ 2J«1^2W \ \ \ lift • ^ ' V ! PROPOSED N "'\ house ^3 26X>! =l\^^OECK_mw \ \ EXISTING Hi lao \ -V HOUSE vv «.vv\.v ».v .XXX DECK V,;—\ \ V ./^'. K \ \~;. ! / "‘I '-\ \ \ \ \ '''-, / , / • s''.'* ^*/lV '' '/ / / I \ '' \ ' / / I / ^ \ 'x '' \ / / /• r \ \ \ \ // 0-75* ^TBACK f I ■■-\ \ •' ''^SUPVEY^^J LINE \ '\ EXISTWC HOUSE I »-.VvWV*- V vl DECK / t EXISTING ’EEAHnnEmnnK’.'»/«*-r-o* ^ RIGHT ELt-^VATtOM 1/8’mr-O’ liili-MirTi rmt ini III ■ imi A. .1 -rw p ‘I'jL-t A .r i'l-t it / ‘ . vL « "U'.SF- li IP § H. le;. a M feu-; > m^- ■• • • ^ f‘- ■* m ,r, r .>:■■.,. ;r.' - . E^P . ♦ -,• V' /.va.v • • # • •« 1^:3I r*«Si ^ -Tv- - r • T* - V?m » *^4 #1 ' 1 '’u>*‘'-;. :•' r 'p i^- •i’ . ’ ' [■ *^-*v ,'. : ■I M. "'ii ^^ -., i IF" ' ' •i.-'i'V‘-b^r-r.^/p VI I ,12 C«2 9 ■ .IP. 4 \ • . ^ • -U p ^ /CT^ JS :wU5l i,^-\V-; p • ^ i -’“A:-•v>».v,ti.j^_ '^91 I* • V •' p% ■■ ri^UV.:'; „ iSU^>k » •. ii GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ^4 A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4345 AND 4365 NORTH SHORE DRIVE; AND GRANTING OF VARIANCES TO MUNICIPAL CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 2400 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Mark Ploen and Arlene Ploen (hereinafter "the subdividers") of properties legally described as; Parcel A The East Half of Lot 5, Block 18 "Saga Hill Revised, Hennepin County, Minnesota.", and that part of Lot 6 said Block 18, described as follows: Beginning at the Northwest comer of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Northerly line of said Lot 6 a distance of 36.81 feet; thence Nonherly to a point on the Northerly line of said Lot 6 distant 47.00 feet Easterly of said Northwest comer of Lot 6; thence Westerly along said Northerly line to the point of beginning, and; 1'7-7, - *✓ J Parcel B Lots 6,7, and 8, Block 18, "Saga Hill Revised, Hennepin County, Minnesota", EXCEPT that part of said Lot 6 described as follows: Beginning at the Northwest comer of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Nonherly line of said Lot 6 a distance of 36.81 feet; thence Nonherly to a point on the Northerly line of said Lot 6 distant 47.00 feet Easterly of said Northwest comer of Lot 6; thence Westerly along said Northerly line tot he point of beginning. 07-//7-d3-y'.5'-c.rj to be rearranged by transferring a ponion of Parcel B to Parcel A new legal descriptions as: Parcel A The East Half of Lot 5, Lot 6 and the West 17 feet of Lot 7, Block 18, "Saga Hill Revised, Page 1 of 6 t I'VVA’ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.4 i-1, y' *• Hennepin County. Minnesota.” and; Parcel B Lot 8 and that part of Lot 7 lying east of the West 17 feet of said Lot 7, Block 18, "Saga Hill Revised. Hennepin County. Minnesota.” WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, die Orono Planning Commission held a public hearisig on January 19. 2000. at which time all persons desiring to be heard concerning this application were given uie opportunity to speak thereon; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between 4345 and 4365 North Shore Drive. WHEREAS, At their regular meeting held on February 28,2000, the Orono City Council considered the subdivision application of Mark and Arlette Ploen, noting the following fmdings of fact: 1. The property is located within the LR-IB, Single Family Lakeshore Residential District requiring a minimum of 1 acre lot area. The existing lots are as follows: 4345 North Shore Drive 4365 North Shore Drive 0.42 acre 1.66 acre 2. The subdividers have proposed a lot line rearrangement creating two lots meeting the minimum requirements for lot area 4345 North Shore Drive 4365 North Shore Drive 1.03 acre 1.03 acre 3. The proposed lots require variances for lot width because they are less than the 140' standard in the zoning district. 4. The lots meet the intent of the Comprehensive Plan of the City of Orono by making an existing developed lot conforming to the one acre minimum lot size. 5. The request for a lot line rearrangement will not create any new building sites Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A a 6. Parcel A is developed as a residential property and Parcel B had existed as a residential property until a residence was recently removed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated February 24,2000, attached Exhibit "A", and grants variances to Municipal Code Section 10.24, Subdivision 5 (B) to permit both newly created lots to be "RECOPJ) LOTS" and are granted variances from the zoning chapter requirements for lot area and lot width. The approval is subject to the following conditions: 1.The new legal description for Parcels A and B, as shown on the survey sited above, shall read as depicted on the approved survey and shown above. 2. 3. 4. New drainage and utility easements as follows: Parcel A and B Exhibit "B" Variances shall be granted creating "RECOJtD LOTS" for Parcels A and B. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 28, 2000 together with a certified original copy of this resolution. 5.The Cit>' of Orono shall not issue a building rermit for improvements to either of the new parcels prior to recording the subdivision. 6.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions addressed to the City. All owners, mongage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 3 of 6 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^________ b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) d) Three Copies of Certificate of Survey for filing with Hennepin County. Drainage and Utility Easements shall be granted along the new property lines. .Adopted by the City Council of Orono, Minnesota this 28th day of February, 2000. ATTEST:1. <>•** •******,*•. * / • . •; Linda S. Vee, City Clerk • •• J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowiedged before me on this 20th day of February, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. IimhIbmmi I i Notary Public Page 4 of 6 -H' Date : r ^,0' City of Orono Planning Commission City Council Subject;Variance and CUP Request by William J. Stoddard for 4365 North Shore Drive To Who It May Concern: Being the Immediate neighbor, we wish to voice our support for the following items requested by Mr. Stoddard for 4365 North Shore Drive: \ \9^Retaining the Boat House within the 0 to 75 foot zone of the lake __ Retaining the east, west, and south walls of the existing house so it may be used as a heated and plumbed auxiliary structure ( ___* m ICiSlO/ •/f Date: /oA/ff City of Orono Planning Commission City Council Subject;Variance and CUP Request by William J. Stoddard for 4365 North Shore Drive To Who It May Concern: Being the immediate neighbor, we wish to voice our support for the following items requested by Mr. Stoddard for 4365 North Shore Drive: Retaining the Boat House within the 0 to 75 foot zone of the lake Retaining the east, west, and south walls of the existing house so it may be used as a heated and plumbed auxiliary structure r 1 ^ . 1 ocir \^\ ^iicVer /P^rf hart '’OVER SETBACK ZONE: (CIRCLE ^.4 EXISTIN ^ARDCOVER in TniWP TRC^CULATIOiN WORKSI :T 75-250 Length Width O^/ffwost ~ ga>j> B. Gartge C. Driveway X X X D. Sidewalk E. F. Landscape Underlain By Plastic G. Other S<iicSi,my X X X X X X X X X A A (V rqpos ^ TOTAL HARDCOVER fN ZONE total ^property area in zon^ __ •*•8 ~ X 100 X 100 Hardcover in rnvp Length Width llff B. Garage C. Driveway D. Sidewalk E. Patio/Deck X X X X X X F. Landscape Underlain By Plastic G. Other /o^ TOTAL HARDCOVER IN ZONE TOT^^PROPERTY AREA IN ZOI^^^^m B #2 i 28 X 100 250-500*500-1000' 2M. _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. A B 4o H2l mz _ 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. A S.F. B HAR^ ''OVER CALCULATION WORKS^ ZONE: (CIRCLE 0-75- ^i-SOO ARDCOVER IN TONE V— ■ 500-1000' Length Width hm B. Garage C. Driveway X X O. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ __ + B + B PROPOSED HARnrOVFR IM yn[Vf ; A. House Length Width B. Ginaefo^lt/J C. Drivcwy^,f??M/ / miiL. )/gr_ ly as JUS- D. ^dewalk 21 E. Patio/DeckML F. Landscape Underlain By Plastic X X X X 2A 1 j-:.. V'T X 100 X 100 TOTAL HARDCOVER IN ZONE TOTAL PROP^TY AREA IN ZONE/^ ^ - .T/fOO'/if ♦ B ICeoj , 100 ki. Tir IKS k]± 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. A S.F. B •/o S.F. S.F. SF. S.F. S.F. i2UZi s.f‘ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.ISSZZSF. 2 2> V. A B w •4^ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OWNBR HANB TAXPAYtR NAMB/ADOR 38 07 117 23 42 0024 4330 NORTH 8HORB DR B S LOPBB A D J BOLUND BRIC S LOPBZ/DBBRA J BOLUND 4330 NORTH SHORE DR MOUND MN 55344 CONDMN i 38 07 117 23 42 0039 4340 NORTH SHORE DR J D PATTISON fc M V PATTISON J D fc M V PATTISON 4340 NORTH SHORB DR HOUND MN 55364 CONDMN 8 38 07 117 23 42 0040 4380 NORTH SHORB DR NILLIAM T SCHOBNXNO NILL2AM T SCHOBNINQ 4380 NORTH SHORB DR MOUND MN 55364 CONDMN • PROP ADDR ONNBR NANS f ''AYBR f /ADDR 38 07 117 23 43 0018 4395 NORTH SHORB DR K D HARDEN 6 R A HARDEN KENT D HARDEN 4395 NORTH SHORB DR MOUND MN 55364 CONDMN 8 38 07 117 23 43 0028 4315 NORTH SHORE DR RAN WILLIAMS RICHARD J HILLIAMS 4315 NORTH SHORB DR MOUND MN 55364 CONDMN 8 38 07 117 23 43 0031 4365 NORTH SHORB DR W J STODDARD A L C STODDARD WILLIAM A LAURA STODDARD 4365 NORTH SHORB DR MOUND MN 55364 CONDm 8 PROP ADDR OHNBR NAMB TAXPAYER NANB/ADDR 38 07 117 23 43 0032 4345 NORTH SHORB DR HAROLD A MARILYN CHRISTBNSQl HAROLD A MARILYN CHRISTENSEN 4345 NORTH SHORB DR MOUND MN 55364 CONDMN 8 JPROP ADDR OHNBR NAMB TAXPAYER NAMB/ADDR ( •v >, u‘* » K \ i '•i *: V f ; I. ’.•W, I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AMD TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF i DATE MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners William Stoddard, Jeanne Mabusth, Dale Lindquist, Sandra Smith, Alternate Commissioners J. Mare Fritzler and David Rahn. Commissioners Janice Berg and Daniel Kluth were absent. The following represented City Staff. Planning Director Michael Gaffron. Zoning Administrator Paul Weinberger, Zoning Administrator W'? Bottenberg, and Recorder Jackie Young. City Council Representative Barbara Peterson was present. Chair Hawn called the meeting to order at 6:30 p.m. OLD BUSINESS («1) #01-2689 MANDEEP SODHI, 4080 DAHL ROAD, AFTER-THE-FACT VARIANCES AND CONDITIONAL USE PERMIT, 6:30 p.m. - 6:31 p.m. Hawn moved, Mabusth seconded, to table Application #01-2689, Mandeep Sodhi, 4080 Dahl Road, to allow the Applicant time to submit additional information. VOTE: Ayes 7, Nays 0. (#2) #01-2699 JAY AND KENDALL NYGARD, 1386 REST POINT ROAD, VARIANCES, 6:31 p.m.-6:32 p.m. Hawn moved, Mabusth seconded, to table Application #01-2699, Jay and Kendall Nygard, 1386 Rest Point Road, to allow the Applicant time to submit additional information. VOl L: Ayes 7, Nays 0. Item Nos. 3 and 4 follow Item No. 5 (#5) #01-2708 MICHAEL AND JEANIE MCCLELLAND. 2170 MINNETONKA AVENUE, VARIANCES, 6:32 p.m. - 7:05 p.m. Michael and Jeanie McClelland, Applicants, were present. Tlic Ccrtiricatc of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants arc requesting variances to permit a six-foot fence to be located in a defined side-street yard where no fences over 3.5 feet in height are permitted. Weinberger stated a SO foot setback is required in this district. Weinberger stated a six foot fence was constructed last year to replace a fence that had existed on the property line. Staff has allowed the fence to remain until a decision is reached on this application. The existing fence will need to be removed because a portion of the fence is located in the Minnetonka Avenue right-of-way. The Minnetonka Avenue right-of-way separates the Applicants' lot from an adjacent lot to the south. City Code does allow fences as a non-encroachment w ithin required yard areas; however, the height of the fence cannot exceed 3.S feet if located in a street yard. Ihe PAGE 1 .A • MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (1^01-2708 Michael and Jeanie McClelland, Continued) Applicants ’ property is defined as a comer lot with two street yards and is located w ithin the RR-1B Zoning District. Staff is recommending approval of the application based on the fact that the property is a comer lot w ith one street frontage located adjacent to a non-developcd street that is not planned to be further developed or improved. The side yard adjacent to the street functions as an interior side lot line. The ‘tal width of the right-of-w ay is 40 feet, which would mean the fence would need to be located 40 feet from the nearest adjacent property line. Staff further recommends the “finished” side of tlie fence be towards the south adjacent property owners and public right-of-way. McClelland slated the original fence existed in this same location ever since they purchased the property back in 1980. and to h«s knowledge has not been a problem. McClelland indicated he does have a letter from one of his neighbors expressing support for the fence. Mrs. McClelland stated the fence was removed last year to accommodate a neighbor’s son to hold a wedding in their back yard In addition, the original fence was damaged by a fallen tree, w ith a new fence being constructed to replace the damaged fence. Smith inquired what the purpose of the fence is. McClelland staled it is primarily for privacy reasons. McClelland stated at the time he purchased the property he war told the fence was located ten feet within the property line and did n:t find out the actual location of the property line until approximately two years ago. Hawn noted the letter is from Barbara Frank. Barbara Frank. 1233 Briar Street, indicated the fence has been there for a long time and that she is not opposed to the fence. Tom Roth. 125 1 Briar Street, stated he is the one who complained about the fence. Roth noted the fence was down for approximately one year prior to being replaced. Roth slated he would like the fence to be constructed the proper way- Roth stated he has concerns regarding snow storage in this area, noting Orono tends to pile snow along the fence. Roth also c'^rcssed concerns regarding the storage of a motor home, boats .md trailers parked on this property. Haw n staled the issue of the motor home, boats and trailers is not an issue before the Planning Commission tonight. Hawn suggested Roth attempt to work with the McClellands or bring the matter to the attention of City Staff to see whether the outdoor storage issue can be resolved. Haw n noted the Applicant is agreeable to relocating the fence out of the right-of-way. nd is entitled to have a 3.5 foot fence on the property line under Orono’s Ordinances. Hawn stated the question before the Planning Commission is whether a variance will be granted to allow a six-fimt fence. Weinberger stated he has not spoken with the Public Works Department regarding snow removal in this area, but to his knowledge there is approximately nine to ten feet of area adjoining Minnetonka PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (MH>2708 Michael and Jeanie McClelland, Continued) Avenue where the snow can be stored. Weinberger stated to his knowledge there has not been an issue with snow storage in this area since the fence has existed for a number of years. Roth stated he would be agreeable to a six-foot fence if it is located off the property line. Hawn reiterated the issue before the Planning Commission tonight is whether to grant a variance for a six-foot fence. Frank indicated the fence has always been six feet in height. Lindquist inquired whether a hardship existed for the si.x-foot fence. McClelland staled if he is required to have a SO-foot setback, he would be Id) with half his yard. Hawn stated the hardship needs to be imposed by the land justifying the need for a higher fence. McClelland ind'■> ated the property to the south is unsightful. Lindquist stated in order for the Planning 'Commission to grant a variance, a hardship must be demonstrated which is inherent to the land. McClelland stated the property to the south is being used for scrap iron storage, with the house currently being unsided. McClelland stated he would prefer not to have to look at that. Hawn staled unfortunately that hardship is not imposed by the land. Fritzler agreed that there does not appear to be a hardship. Rahn noted the fence had existed for a number of y ears prior to being remov ed and that residents are allowed to replace structures that arc existing. Rahn noted the fence does not abut an adjoining property. Hawn stated since this is considered a comer lot, they are essentially dealing with two front yards. Haw n commented in her view due to the undeveloped nature of Minnetonka Avenue, she would consider this to be a side yard rather than a front yard. W einberger stated Staff looked for unusual property conditions on this lot and determined that it is a comer lot One of the criteria for a hardship is that the lot does not have the same characteristics or is unique in some fashion to the other lots in the area. Weinberger stated the intent of the ordinance is to maintain a consistent fence height for fences on comer lots. Weinberger stated the uniqueness of this lot is that there arc only two lots along Minnetonka Avenue, with no improvements being planned for this street. Mabusth inquired whether there are any utility lines within the right-of-way along the undeveloped portion of Minnetonka Avenue. Mabusth commented that perhaps this right-of-way was intended to be for storage of snow . PAGE 3 J MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (MU-2708 Michael and Jeanie McClelland, Continued) Weinberger stated there is a portion of the public road that is required for access to the property. Mabusth inquired whether the vehicles and boat could be stored elsewhere on the property. McClelland stated he is unable to store the vehicles in the back and that he stores the vehicles in this area to enable him to plow his driveway. Hawn commented it appears the storage of the RV, boat, and snow mobiles may be an irritant to the neighbors and that perhaps the applicant may want to see whether they are in compliance w ith the City’s ordinances or attempt to relocate the vehicles in an effort to satisfy the neighbors. McClelland stated he has attempted to improve neighborhood relations. Rahn commented the height of fences along front yards tends to deal with sight lines and safety type issues. Rahn stated that does not appear to be an issue in this case. Stoddard indicated he is okay with Stafl's recommendations for a si.x-foot fence. Stoddard recom.mended the applicant talk w ith Staff prior to the City Council meeting regarding storage and licensing of the vehicles and boat stored outside on his property. Stoddard further recommended the Public Works Department be contacted to see whether snow storage is in issue in this area. McClelland noted the vehicles are licensed. Stoddard moved, Mabusth seconded, to recommended approval of /fOI-2708, Michael and Jeanie McClelland, 2170 Minnetonka Avenue, granting of a variance to permit a six foot fence to be located in a defined side-street yard subject to the recommendations contained in the September 5,2001 Planner's Report. VOTE: Ayes 5, Nays 2, Lindquist and Smith Opposed. Smith and Lindquist indicated they do not see a hardship in this case to grant the variance. (#01-2702) FINE LINE DESIGN GROUP, 3551 LIVINGSTON AVENUE, RENEWAL OF VARIANCES, 7:06 p.m. - 7:30 p.m. Steve Behnkc. Applicant, was present. Bottenberg stated this application was tabled at the August 20, 2001 Planning Commission meeting due to the failure of the Applicant to be present at the meeting. The Applicant is requesting a renew al of variances granted in 1997, to allow the replacement of the e.xisting residence on this substandard lot, with a new residence. The existing residence and shed were demolished in June of 1998. Bottenberg stated a variance to lot width is being requested, w ith the lot being SO feet w ide w here '.00 feet is the minimum lot width for the LR-IC zoning district for new construction. In addition, u variance to lot area is also being requested. The lot is .15 acre where 0.5 acre is the minimum lot area for the LR-IC zoning district for new construction. PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (ttOl-2702 Fine Line Design Group, Continued) At the August 20,2001 Planning Commission meeting there were concerns over drainage raised by adjoining neighbors. The Applicant has submitted a revised survey showing a drainage plan. The City Engineer has reviewed the plan and has visited the site. Staff is recommending approval of the application subject to the following conditions; 1. The Applicant provide pre and post development drainage calculations prior to City Council review. 2. The Applicant grant drainage and utility easements per the City Engineer’s recommendation. Behnke indicated he does not have a problem with Staffs recommendations. Hawn inquired whether the Applicant is familiar with the drainage issues in this area. Behnke stated the drainage problems apparently go well beyond the boundaries of this lot. Behnke slated they arc taking steps not to contribute greatly to the drainage problems in this area and arc proposing what is allowed by ordinance. Mabusth stated the City did conduct an engineering review for a storm water project in this area, w ith a majority of the neighbors being opposed to the project. Mabusth noted it appears this area is not a high priority for the City. Hawn slated she does have a concern since one neighbor appears to be bearing the brunt of the water runotT in this area and more drainage may be created as a result of this application. Hawn .stated in her view the City may have some obligation to relieve the water runoff for the Cuff property. Karen Cuff. 3572 Livingston Avenue, expressed a concern that the water runoff through her property will inc *:ase as a lesult of the additional hardcover that w ill result if a larger residence is constructed on this 1.^1. Mabusth inquired w hether Cuff has spoken with anyone at the City regarding this application. Cuff stated she did speak w ith the engineer and was told the water would be diverted to the street. C uff indicated the water runoff from the street does go through a catch basin located on her property, w ith there not being a storm drain currently in the street. Cuff stated in her view the City does need to take some responsibility for the water runoff and that additional w ater runoff should not be allovsed to go through her property. Stoddard inquired whether there were any pending projects for this area. Gaffron stated to his knowledge there are no projects pending for this area, with this area not being a high priority of the City. Gaffron stated the amount of money that might be generated for these types of projects through the proposed “Stormw ater Utility Fee” is relatively small and may result in veiy few projects being completed in a year. Gaffron stated the catch basin on Blaine Avenue was PAGES MINUTES OF THE ORONO PLANNING COMMISSION Moaday, September 17,2001 6:30 o’clock p.m. (#01-2702 Fine Line Design Gronp, Continued) probably installed in the early 1980s, but may be too high to solve the Cufl drainage problem. GalTron stated in his opinion the plan presented in 1991 for this area would have solved the problem, but unfortunately a majority of the neighbors were unwilling to pay for the costs of the project. Gaffron stated the request by the City Engineer for drainage calculations may help determine whether there will be any additional water runofl'through the Cuff properly. Gaffron stated the 10-foot easement is very necessary in the event storm sewer is installed in this area in the future. Hawn stated in her view the variance is appropriate in this case, although Cuff s situation is terrible. Hawn stated the property owner does have rights to build a s»ructure on this property. Cuff stated in her opinion the Applicant docs not have the right to make her situation any w orse than what it currently is. Rahn inquired whether this is going to be a gable end home with the ridge running front to back. Behnke stated it is. Behnkc stated the garage runs front to back, w ith the roof running left to right. Rahn noted they are requesting 1,100 square feet for the house, w ith 1,500 square feet being allowed. Hawn inquired whether there is any temporary type of relief that could be done. GalTron stated there is nothing that this pioperty owner should be required to do other than follow mg the recommendations of the City En«.ineer, which may consist of some temporary storage on the lot. Hawn inquired whether the City could provide some relief. GaflVon stated the City did review this area in 1991, with the conclusion of the City being that they were not going to take on a project that the neighborhood was not in support of. Gaffron indicated at this point the City has no plans to address the water runoff in this area. Rahn inquired whether a more detailed drainage plan would assist at all. Rahn stated there is no doubt the larger size house will result in an increase in water ninolT. Hawn inquired whether water runoff calculations have been submitted. Gaffron stated Staff could possibly determine what the w ater runoff was previously and what it w ill be with the new residence, w ith some onsite ponding perhaps being necessary . Gaffron stated under City Code the Applicant is required to get the water to the street, w ith no use being permitted resulting in water runoff causing erosion or flooding on adjacent properties, with such water runoff being properly channeled to a stonn drain or other suitable facility. Gaffron stated the City really does not have any other regulations controlling water runoff e.xcept for subdivisions, which this situation is not. PAGE 6 •I 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (H0I>2702 Fine Line Design Group, Continued) Lindquist stated in his opinion the City is required to grant the variances for a house and that a condition of approval can be to require the Applicant to submit water runoff calculations and possibly construct some type of water retention pond. Behnke stated irregardless of whether a retention pond is constructed in the area, the amount of water runoff will remain the same. Behnke stated due to the small size of the lot, it would be difficult to get onsite percolation and controlling the rate of water is possible to prevent erosion. Lindquist stated the neighbor is getting penalized by having a house built on this property, and if the variances are not granted, the ow ner of this property is being penalized. Lindquist suted in his view the City should take some steps to address this situation. Stoddard suggested that this application be red-flagged, with the Public Works Department looking at this area to determine whether some steps should be taken to address the water runoff in this area. Behnke stated the question comes down to whether it is possible to do something to reduce the water runoff from the house to the street. Behnke stated if the house is pushed further back on the lot, it would result in an increase in hardcover. Behnke stated in his view it is going to come down to the recommendation of the City Engineer based upon the water runoff calculations. Smith stated in her view the Planning Commission needs to have a drainage plan as well as the calculations prior taking action on this application. Behnke stated a drainage plan has been submitted. Smith inquired w hether Staff feels the drainage plan meet the pre-situation. Bottenberg slated in her view it does not. Smith inquired whether the City Engineer has delineated what needs to be done in this area based upon the drainage calculations. luMlcnberg stated the City Engineer's recommcndii.ions are contained in his September lO"* letter. Behnke slated he submined a drainage plan in response to the request made at the previous Planning Coinmi. ..ion meeting. Behnke stated the calculations were requested in order to provide the amount of runoff that is anticipated. Smith stated the next step is for the Applicant to respond to the City Engineer ’s request for the pre and post calculations. Hawn pointed out the only variances being requested are for lot area and lot width, with the structure being in compliance with City’s ordinances. Hawn stated in her view the laler runoff in this area is a City responsibility and that the individual property owners should not be required to take steps to address this situation. PAGE 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (#01*2702 Fine Line Design Group, Continued) Mabusth stated the problem is the velocity of the water and that, if possible, some retention should be provided to help slow the water runoff down. Behnke slated he would like this application to proceed to the City Council along with the drainage calculations. Hawn stated there should also be a strong recommendation to the Council that they review the drainage in this area. Rahn stated the lot area docs have a direct bearing on the water runoff. Lindquist noted the Applicant is entitled to 1,500 square feet structural coverage on this propeny. Lindquul moved, Stoddard seconded, to recommend approval of Application #01*2702, Fine Line Design Group, 35S1 Livingston Avenue, granting a renewal of variances for lot area and lot width to permit the construction of a new residence on the lot, subject to the Applicant providing pre and post development drainage calculations prior to the City Council meeting, subject to the Applicant granting a ten foot drainage and utility easement, and further subject to compliance with all the other City Engineer’s recommendations, with the strong recommendation the City Council review its options for alleviating the water drainage in this area, in particular on the Cuff property. VOTE: Ayes 6, Nays I, Smith Opposed Smith stated she would prefer to have the Planning Commission review what steps w ill be taken by the developer in order to address the recommendations of the Cit> Lngincer prior to this application proceeding to the City Council. NEW BUSINESS (#4) #01*2706 RICHARD AND JANE STARK, 815 PARTENWOOD ROAD, RENEWAL OF VARIANCES, *»:3I p.m. - 7:34 p.m. Richard and Jane Stark. Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Starks have ••ecently purchased this property and would like to renew the variances granted to expand and remodel an existing residence to include a four stall garage and additional living area. The variances were granted in 1997, 1998, 1999, and 2000 for lakeshorc setback to be located 34 feet from the lakeshore where 75 feet is required and for hardcover in the 0-75’ setback where 20 percent is existing and 15.3 percent is proposed. Stark had nothing to add to Staff s report. PAGES ! L.> ........................ MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (#01-2706 Richard and Jane Stark, Continued) Hawn inquired w hether it is the intention of the Applicant to build the exact same house that variances have been approved in the past. Stark stated it is his belief that he will be. There were no public comments regarding this application. Lindquist moved, Hawn seconded, to recommend approval of Application #01-2706, Richard and Jane Stark, 815 Partenwood Road, renewal of variances for lakeshore setback and hardcover to permit the expansion and remodeling of the existing residence. VOTE: Ayes 7, Nays 0. (#6) #01-2709 RICHARD R. SHULL, 2285 FRENCH LAKE ROaD, VARIANCES, 7:34 p.m. - 7:38 p.m. Mr. and Mrs. Richard Shull, Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting variances to hardcover, average lakeshore setback, and structural setbacks for a Natural Environmental Lake to pennit an addition to the east end of the residence and an entryway over existing steps. The Applicant is proposing to construct a two-stall garage consisting of 576 square feet to the east end of the residence and a new entry way consisting of 80 square feet over the existing steps. Both the addition and the entryway are within 150 feet of a Natural Environment lake. The proposed garage will be located over existing driveway, with the Applicant proposing to remove approximately 800 square feet of driveway. The existing garage will be converted into a screen porch, office, laundry room, and storeroom. Staff is recommending approval of the variances for the garage addition and new entry way. Shull had nothing to add to Staff s report. There were no public comments regarding this application. Stoddard noted at the time this residence was constructed only a 26 foot wetland .setback was required rather than 150 feet. Stoddard stated he is in support of this application. Mabusth noted it also results in a reduction of hardcover. Mabusth noted th? adjacent properties cannot be seen from the Applicants’ property. Rahn inquired w hether there is a detached garage on the property. Shull stated there is no detached garage but rather an attached garage, which will be converted into living space. Shull stated the new garage would be located next to the old one. PAGE 9 1 J’ i -—f . •> MINUTES OF THE ORONO PLANNING COMMISSION Mooday, September 17,2001 6:30 o’clock p.m. (001-2709 Richard Shull, Cantinued) Smith moved, Hawn seconded, to recommend approval of Application 001-2709, Richard R. Shull, 2285 French Lake Road, granting of variances to hardcover in the 0-75* area, average lakeshore setback, and the structural setbacks for Natural Environment Lakes to permit an addition to the cast end of the residence and an entryway over existing steps. VOTE: Ayes 7, Nays 0. (07) 001-2710 DONALD AND JOANNE DAVIDSON, 568 KEENE AVENUE, VARIANCES, 7:39 p.m. - 7:50 p.m. Donald and Joanne Davidson, Applicants, were present along with Dave Harrison, Project Architect. The Certificate of Mailing and Affidavit of Publication were noted. Gaffron stated the Applicants are requesting variances to lot area, lot width, and front, rear and side yard setbacks to permit the construction of a new residence on a vacant lot. The lot consists of .52 acres and is located within the RR-IB District, which has a two acre minimum lot size. Gaffron stated the functional definitions of what is a front, side, and back yard for this lot do not necessarily match the City ’s Code. Technically this lot is considered a comer lot, with the short side along undeveloped Fox Street being considered the front by definition. However, since Fox Street will likely never be developed as a roadway in this area, for purposes of this variance request and for development on this lot, the west lot line along Keene Avenue will be considered as front, the east line as rear, and the line along Fox Street right-of-way will be considered as a side street lot line Gaffron stated the proposed residence meets the City ’s standards of 15 percent for structural lot coverage. The property is allowed 3,397 square feet of structure, with the proposed residence being exactly 3.397 square feel. Gaffron noted the property was assessed for a sewer unit as part of the Minnetonka Bluffs Sewer Project in the early 1980s, but has been vacant for a number of years. Gaffron stated the Public Works Director has reviewed this application and approves the two curb cuts. Dave I larrison stated he is available to answer questions. John McAlpin, 559 Russell Avenue, requested clarification of where the sewer connection is located and what setback variance is being required. Gaffron noted the required setback variances. McAlpin inquired what plans the Applicants had for landscaping the area. Dav idson stated it is his intention to leave the area natural. Smith indicated the packet is public information and is available for review by any interested citizens. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (MH-2709 Richard Shull, Continued) Harrison noted Staff has requested a drainage plan for this site. Harrison stated they are in the preliminary stages of planning and are not sure whether this plan will be feasible. Harrison inquired whether the submission of a drainage plan could be delayed until the time a building permit is applied for. McAlpin stated in his view the drainage in this area is ver>' manageable. Lindquist moved, Stoddard seconded, to recommend approval of Application i^Ol-2710, Donald and Joanne Davidson, 568 Keene Avenue, granting of variances to lot width, lot area, and front, rear and side yard adjacent to street setback to permit construction of a new residence, subject to an acceptable drainage plan being submitted for review and approval by City Staff, and with the understanding no additional structural coverage will be permitted above the IS percent limit. VOTE: Ayes 7, Nays 0. (#8) <W)I-2713 DIANE AND DOUGLAS MERZ, 380 TURNHAM ROAD, AFTER-THE-FACT VARIANCE, 7:51 p.m. - 7:54 p.m. Doug Mere. Applicant, was present. Bottenberg stated the Applicants have applied for an aAer-the-fact variance to permit a three foot overhang that was added when the roof was shingled in 1998. At that time a permit w as issued for the roof work but the roof e.xtension was not part of the permit. 1 he roof extension is over the front entrance and extends approximately three feet beyond the existing roof line and is approximately 14 feet wide. City Staff recommends approval of the after-the-fact front yard and side \ ard setback variances. Mer/. had nothing to add to Staffs report. There were no public comments regarding this application. Lindquist inquired why a building permit was not obtained for the overhang. Merz stated he obtained the building permit for the roof in 1998, and did not utilize it in 1998. Merz indicated sometime between 1998 and 1999, they decided to change the entrance into the house, with the work commencing in 1999. Stoddard inquired how the City became informed of the overhang. Haw n indicated the City learned of the new overhang at the time a neighbor came in requesting a variance. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September P, 2001 6:30 o*ch)ck p.m. (MH-2713 Diane and Douglas Men, Continued) Stoddard moved, Smith seconded, to recommend approval of Application #01-2713, Diane and Douglas Merz, 380 Turaham Road, granting an aRer-the-fact front yard and side yard setback variances to permit the construction of a three foot overhang. VOTE: Ayes 7, Nays 0. (#9) #01-2716 BRENSHELL DEVELOPMENT, 2200 SHADYWOOD ROAD, VARIANCES, 7:54 p.m.-8:16 p.m. Steve Behnke, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is proposing to construct a new two-story, three bedroom residence and detached garage on the lot. The lot is ser\cd by sanitaiy sewer and currently has a house and detached garage on it. Variances arc required for lot area, lot width, hardcover in the 7S-2S0', hardcover in the 2S0-500', lot coverage and average lakcshoic setback. Bottenberg stated Staff is recommending denial of this proposal. Bottenberg indicated the Applicant has recently revised die plan, which Staff currently docs not have, with hardcover and structural coverage being reduced. Bottenberg stated the revised plan is not before the Planning Commission tonight. Behnke stated he revised the plan and did attempt to fax it to the City last week. Mawn stated StatTreally needs to review the plan prior to the meeting. Behnke stated what he previously submitted was reviewed by Staff, w ith various variance items being added based on what was being proposed. Behnke stated this is a substandard lot. with the request for the lot area and lot width variances still being required. The hardcover in the 75-250' setback area is not required under the revised plan. Behnke stated the hardcover in the 250-500' setback area has been reduced. Lindquist inquired whether a variance is still required in the 250-500’ setback area. Behnke stated a variance would still be required Mabusth inquired whether the hardcover was reduced in that area by reducing the size of the garage and the driveway. Behnke stated that is correct. The size of the structure has been reduced in the 75-250’ area, with the paving and the size of the structure being reduced in the 250-500’ area. Behnke stated there is an existing driveway entrance at the extreme south edge of the property as it abuts Shad>’w ood Road, which is not proposed to be changed. The site plan creates an auto port, which allows the car to PAGE 12 i MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (^01-2716 Breoshell Development, Continued) turnaround and avoid backing onto Shadywood. Behnke stated in his view there arc four elements of hardship in this case consisting of. one. the existing driveway entrance and the fact that Shadywood is a very busy street; two, the need for a turnaround space to avoid uacking out onto Shadywood Road; three, a need for a triple car garage to provide ample storage; and four, retaining the existing vegetation along Shadywood, which currently consists of a dense hedge. Behnke noted the structural coverage has been reduced to 16.2 percent. Hawn indicated the Planning Commission typically does not grant variances to structural coverage on new construction. Stoddard inquired what the hardcover wculd be in the 250-500 ’ area. Behnke stated hardcover has been reduced to 58.5 percent. Hawn commented in her view the Planning Commission and Staff will still need to review the plan prior to voting on it. Hawn suggested the Applicant consider eliminating the third statl of the garage. Behnke stated the only way in his view that it will be possible to meet the hardcover requirements in the 250-500' area is to reduce the garage to a two-stall garage, locate it on the setback, and have u 16 toot drivcwjiy with no turnaround. Behnke stated in his view that creates a traffic ha/ard. Hawn stated the Planning Commission does sometimes allow additional hardcover in order to address certain safetv issues. Behnke stated it appears the water goes to the right of the property and they are looking at their optio.is foi drainage. Barry Bennett. 2208 Shadvwood Road, indicated he welcomes new development to the area which will add value to the neighborhood Bennett requested the Planning Commission require the Applicant comply w ith the standards of the neighborhood, noting this home is signiT :antlv larger ihan the homes in the area. Bennett stated he would like a siring test from the adjacent propert}' to the north and his property , this home does not conform w ith the standard. Bennett stated the revised proposal has the house situated even closer to the lake, which definitely does not conform with the standard for the area. Bennett stated he would like the residence moved back closer to Shadvwood Road. In addition. Bennett indicated he does have water concerns since his property handles much of the water runoff for this area. Bennett stated in his view the hardcover standards should also be adhered to as well us asbestos removal standards due to the fact that the current siding on the home contains asbestos. Ronald Potas, 2190 Shadywood Road, stated he has the same concerns as expressed by Bennett. Potas stated the proposed house is located 13 feet closer to the lake than the other homes in the neighborhood. PAGE 13 L MINITES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (Ml 1-2716 Brensbell Development, Continued) Hawn noted the revised plan docs have the house located further back towards the road. Hawn stated she would like Staff to work with the Applicant in order to have tlie residence conform more to the neighborhood. Timothy Hulst, 2205 Shadywood Road, stated he would like the house to conform to the standards in order to help preserv e his view of the lake as well. Hulst .stated he has concerns regarding the w idth of the proposed structure, noting this is a narrow lot. Hawn noted the Applicant is not requesting any setback variances. Richard Schiitgen. 22 13 Shadywood Road, stated in his view the size of the house is too large for the property and should be teduced and built within the standards of the neighborhood. Behnke stated the proposed structure diws meei the standards for the 75-250* setback area, w ith the 250-500’ area being an issue. Behnke noted they ate currently 208 square feet over the structural coverage limit in that area, and that possibly the garage could be reduced somewhat. Hawn reiterated the Planning Commission would consider additional hardcover if safety issues are demonstrated, but that Staff will need to review the plan prior to the Planning Commission taking any action on this application tonight. It was the consensus of the Planning Commission that they would prefer that Start* has an opportunity to review the plan prior to the Planning Commission acting on the application tonight. Behnke requested his application be tabled. Hawn moved, Mabusth seconded, to table Application #01-2716, Brensbell Development, 2200 Shadywood Road, to allow the Applicant time to submit his revised plan for Staff review VOTE: Ayes 7, Nays 0. SCHEDULED PUBLIC HEARING, 8:00 p.m. (#14) #01-2718 PROPOSED ZONING CODE AMENDMENT, SECTION 10.03, FENCE STANDARDS Hawn inquired whether there were any members of the audience who would like to speak on this issue. There were no public comments regarding this matter. Hawn stated it is the desire of the Planning Commission to discuss this matter in a work session rather than ta’tcing any formal action tonight. Hawn recommended this item be tabled. Hawn moved, Lindquist seconded, to table Application #01-2718, Proposed Zoning Code Amendment, Section 10.03, Fence Standards. VOTE: Ayes 7, Nays 0. PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (#01-2717 Ted and Jody Spooner, Continued) Spooner stated they have experienced a lot of water runoff, which they have attempted to correct by building the tiered walls. Spooner stated the slope in this area is somewhat steep. Hawn inquired whether the runoff problem has been resolved w ithout the additional steps. Spooner stated he would not need to construct the additional steps in order to address the water runoll problem. Rahn noted the Applicant is close to the top grade already. Spooner stated gaining access to the lake is generally not a problem for him but does pose a problem for older people due to the steepness of the slope. Smith inquired whether the revised Ir-ndscaping plan meets with Staffs approval. Bottenberg stated it does. Stoddard commented in his view the contractors doing the work in this area should notify the propertv owners of the need to obtain the appropriate permits prior to commencing any w ork. Hawn moved, Lindquist seconded, to recommend approval of Application #01-2717, Ted and Jody Spooner, 700 Tonkawa Road, granting afler-the-ract variances and conditional use permit for hardcover and land alteration within the 0-75’ setback to allow replacement of existing retaining walls, with a recommendation of denial for completion cf the upper tier steps, subject to the Applicant complying with his landscaping plan (Attachment FF), with the work to be completed prior to winter, and with the understanding no additional hardcover will be allowed within the 0-75’ setback area. VOTE: Ayes 7, Nays 0. Item No. #11 follows Item No. #12. (#12) #01-2711 WESTERN STEEL ERECTION, INC., 2687 WAYZATA BOULEVARD, CONDITION A.. USE PERMIT, 8:30 p.m. - 8:50 p.m. Chuck Jochims and John Segurzard, Western Steel, were present. Tlie Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting a conditional use permit that would allow a portion of the property to be used for outside storage. Outside storage is defined as any area on the propertv that would be used for. in this case, the storage of some vehicles, some trailers, and cranes, along with a boom truck. The Applicants are also proposing to store a 1.000 gallon above ground fuel tank to supply fuel to their vehicles. PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (#01>27ll Western Steel Erection, Continued) Western Steel Erection, Inc., has leased the 16,200 square foot building located at 2687 Wayzata Boulevard. Western Steel has submitted a revised plan proposing to park 30 vehicles within the existing building rather than outdoors, with four cranes and welding equipment also being stored indoors. Staff has not had a complete opportunity to review the revised plan. The proposed outside storage and parking area is within the required 75 foot setback to the front property line. Weinberger stated there is a road easement for Highway 12 along the property. Weinberger stated if the fence is to be relocated, it should be put in at the 75 foot setback, which would bring it 1 5 feet closer to Highway 12. Staff is recommending all parking areas be paved surface rather than grass and gravel. The parking and outside storage areas shall be located a minimui,: of 10 feet from side property tines. Staff is recommending the following conditions be complied with: A. Since the outside storage area will be used for vehicles and equipment that is moved on an everyday basis, the areas shall be located within required parking setbacks. Including a minimum 75 feet or more from the front property line. B. The parking and outside storage areas shall be liKated a minimum of 10 feet from side property lines. C. A screening plan should be provided, including fencing and landscaping on site in accordance within zoning requirements. D. Parking surfaces shall be paved and striped. E. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater Bowing over and leaving the property. F. The site plan shall indicate all proposed parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive space for access and mobility on­ site as well as emergency vehicle access. Weinberger stated the Applicant may wish since it does not provide adequate screening. Jochims stated he has nothing additional to add to Staff s report. There were no public comments regarding this application. Hawn inquired whether the cranes could be located behind the building. PAGE 17 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (M)l>2711 Western Steel Erection, Continued) Jochims stated there is not enough room. Jochims stated the amount of equipment being depicted on the site plan is the worst case scenario and normally would be much less than that. Hawn noted Orono ’s Code requires 3S parking stalls based on square footage. Hawn indicated the site plan shows 80 employees. Hawn inquired whether this is sufficient parking given the number of employees. Jochims indicated they do have 80 employees, with at least one-half of the employees taking the company owned vehicles home at night and going directly to the job site without coming to this site. Mabusth inquired whether there is atiy welding that occurs on the property. Jochims .stated there is a little welding conducted on this property, which will be done inside the building. Jochims stated a large amount of the equipment depicted on the site plan .vill be located on the job site and not on this property. Lindquist inquired whether they have had a chance to go through Staff s recommendations. Jochims stated they have not. Lindquist stated he would like the Applicant to address these issues before approving this application. Weinberger noted he has been working mainly with Stephanie Jochims on this application, who v as unable to attend tonight's meeting. Weinberger stated the comments in the Planner's Report are based on their original plan, which has since been revised. Lindquist reiterated he would like the Applicant to address these issues prior to the Planning Commission acting on this application. Lindquist stated in his view this application should be tabled to give the Applicant time to work with Staff on resolving these issues. Jochims stated they are willing to make the necessary changes. Lindquist moved, Hawn seconded, to table Application #01-2711, Western Steel Erection, Inc., 2687 Wayzata Boulevard, to give the Applicant time to work with City Staff. Gaffron indicated one member of the City Council has requested that the Planning Commission be provided with a copy of the City's Comprehensive Plan regarding the industrial park. Gaffron stated it is his view there may be at least one Council member who feels that the City is approving industrial uses that may not necessarily be meeting their vision of w hat should be in the industrial park. Smith noted the Planning Commission does have a copy of the Comprehensive Plan. Gaffron stated the Applicant may need to look at their options regarding landscaping and screening. Jochims stated he wants his property to look nice and have his company well represented. PAGE 18 I——nk-i-'fii MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. VOTE: Ayes 7, Nays 0. (#11) #01-2715 JOHN M. BAILEY, 2807 CASCO POINT ROAD, VARIANCES, 8:51 p.m.-9:14 p.m. Mr. and Mrs. John Bailey, Applicants, were present. The Certificate ofMailing and Affidavit ofPublication were noted. Weinberger stated the Applicants arc requesting a variance to permit structural repairs and the addition of a foundation to an e.xisting detached garage located I. I feet from the property line. The purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an elevation above the driveway and ground around it. The property owners have stated the garage and driveway are located in a low point and are a drainage backup area. Raising the garage would allow the garage to be placed above the ground and the driveway and prevent water from pooling inside the garage. In addition, the Applicants arc requesting a hardcover variance to permit 40 square feet of additional sidewalk to connect the patio and deck located to the west side of the house. Two years ago the deck a;'.d patio were replaced, with the walkway being added. The total hardcover on the property, before the sidewalk is 3S percent. Overall in the 75-2S0' setback total hardcover will be reduced to 27.4 percent. Most of the hardcover that has been removed consists of appro.\imately I,S00 square feet of landscaping plastic. Staff would have preferred the Applicants relocate the garage further from the property line. I owever, the .Applicants have indicated they would prefer the garage to remain in the existing location since tlie work being done to the building is to correct a drainage problem. Staff has reviewed the site and has determined the garage is in very good condition ,ind should not require further structural improvements. If the Planning Commission recommends approval of this application. Staff would recommend that the garage meet all requirements of the Fire Code, with all buildings where work is being done being brought up to State, Building, and Fire Codes. Bailey stated there is a photograph in the Planning Commission showing the elevation of the land and the drainage in the area. Bailey stated one comer of the garage is fairly low and results in water coming into the garage. Bailey stated they would prefer to keep the garage in the same location since relocating the garage further to the west would make it more cumbersome to exit and enter the garage. I'here were no public comments regarding this application. Bailey stated the plastic was put down in 1995. An old survey was used for the hardcover calculations which included the plastic. The plastic was subsequently removed in conjunction with some previous remodeling of the house. Smith stated her comment was not necessarily directed Just to this application but in general to all applications. Smith stated she would prefer not to see plastic included in the hard:over calculations. Bailey stated all the plastic has been removed. PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o ’clock p.m. (#0I*2715 John M. Bailey, Continued) Stoddard moved. Smith seconded, to recommend approval of Application ttOI-2715, John M. Bailey, 2807 Casco Point Road, granting of a variance to permit structural repairs and addition of a foundation to an existing detached garage, and granting of a variance to hardcover in the 75-250' setback to permit 40 square feet of additional sidewalk to connect the patio and deck located to the west side of the house, subject to the garage meeting all applicable Fire and Building Codes and a building permit being obtained for the replacement of the deck. VOTE: Ayes 7, Nays 0. (1113) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD, VARIANCES, 9:15 p.m.-9:45 p.m. Fred Puzak. Applicant, was present. The Certificate of Mailin)» and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances to permit new construction on the property. The Applicant is proposing to tear down the existing residence and construct a new residence, fhe property is located at the end of the Baldur Park Peninsula, with the majority of the lot being located w ithin 75 feet of the lakeshore. A variance to hardcover in the 0-75’ setback area is required to pennit 9.8 percent hardcover where 1 2.4 percent currently exists. A variance to hardcover is also required in the 75-250 ’ setback area to allow 63.6 percent hardcover where 70.9 percent currently exists. A third variance is required to permit the house to be located 48 feet from the lakeshore. within the 75 feet required setback. Weinberger stated one of the main issues w ith this application is the septic. The property is located within the MUS.A area, with the Applicant’s house being the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. Due to some issues not within the Applicant’s control, he has been unable to connect to City sewer. In 1982, the Council had approved a preliminary plat subdivision for two lots between the Applicant’s property and the end of the maintained Baldur Park Road. The Applicant’s property is not connected to sewer because he does not have an easement for utility or sewer purposes out to Baldur Park Road. Weinberger stated the Applicant has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than three feet above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located w ithin 75 feet of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following; one, the new house must be connected to sanitary sewer service, or two, the new house must be connected to a conforming septic system meeting all the local and state standards. Since the existing system is located w ithin 75 feet of the lakeshore, the new house cannot be connected to the existing system. The Applicant must provide designs for two conforming septic systems on the individual lot on which the house is being constructed. The Applicant w ill need to submit septic testing to show that there are two conforming PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (M)l*2714 Frederick Puzak, Continued) septic sites. A third option would be that the Applicant obtain an easement for municipal sewer connection purposes from the adjacent property owner, which to date he has been unsuccessful in doing. Puzak stated he was able to amend his plan in response to Mr. Weinberger's report and obtain testing which demonstrates two suitable septic sites. Lindquist inquired whether whether they arc located on Lot 31 and are more than 7S feet from the lake. Puzak stated they are on Lot 3 1 and are more than 75 feet from the property. Puzak stated SP Testing did find two septic sites. Puzak indicated lie would be willing to connect up to City sewer when it becomes available. Lindquist inquired whether those two other lots are considered buildable. Puzak stated the propert>' owner of those two lots would like to rezone the property to multi-family and build townhomes on those lots. Puzak stated he is not interested in subsidizing sewer to those two lots and would like to wait until that property owner connects to City sewer. Gaffron stated the City would like to see these properties connected to City sewer if at all possible. Mabusth inquired whether the Cit>’ has a copy of the lease giving the Applicant the rigid to have septic on Lot 3 1. Gaffron stated there are copies of that document in the file. Puzak stated it is actually an easement that he owns. Stoddard stated in his opinion structural coverage should be limited to IS percent. Stoddard requested the building pad be illustrated on the survey. Rahn inquired why both septic sites are on the adjoining property. Puzak stated he has a deeded easement over the adjoining property for septic purposes. Puzak stated he would prefer Option I under Staffs recommendations. Puzak stated he is not requesting a building permit at this time but is requesting variances to proceed forward w ith construction of a new house. Hawn noted the adjoining propert)' could not be built on since it has a deeded easement over it. Puzak stated the old foundation would be entirely removed. Puzak indicated he would like to construct a new residence in order to accommodate his larger family. Hawn inquired if Lot 3 1 is included in the total area, w hat impact that would have on the hardcover numbers. PAGE 21 i MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (#01-2714 Frederick Puzak, Continued) Weinberger stated the hardcover numbers in the 75-250’ setback would be approximately 35 percent, GalTron stated there is a possibility that once this property is hooked up to City sewer and the adjoining property is no longer needed for septic reasons, that the easement may no longer exist. Puzak stated the easement is "‘ill valid even if his property is hooked up to City sewer. Smith noted a portion of the reduction in hardcover is the result of the removal of plastic. Puzak stated a small portion of the reduction comes from the removal of plastic, with the remaining reduction coming from the driveway being reduced. Mabusth inquired whether the Council would approve new construction within the MUS.A area that is not connected to City sewer. Gaffron stated the City has approved one other similar situation in the mid 1980s on Saga Hill. Tlie Council said if the property owner could prove they had adequate septic, they could proceed w ith development of that lot without hooking up to City sewer. Gaffron stated in this case the sewer line does not abut this property, with the property owner at the present time not having access to the sewer line. Gaffron stated in his view the Applicant faces a hardship by not being able to obtain an easement in order to connect to City sewer. Gaffron stated the City septic inspector would need to review the septic sites. Hawn stated the Planning Commission could table this application in order to allow the septic inspector time to review the septic sites to determine whether they are conforming. Puzak stated he has contacted the City’s septic inspector who indicated he could complete a review of the septic areas prior to the City Council meeting. Gaffron inquired whether the well would be relocated. Puzak stated the well would only need to be moved at which time a second or alternate site would be put into effect. Puzak indicated the well is approximately 25 years old and will probably need to be replaced at about the same time another septic site is needed. Rahn inquired what the current septic system is designed for. Puzak stated the current septic system is serving a five-bedroom house. The proposed site could handle a five-bedroom house. Gaffron stated the City’s septic inspector would need to review the septic sites to determine whether they w ill be allowed. Puzak stated the septic issue would be resolved prior to a building permit being obtained. PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o’clock p.m. (1^01-2714 Frederick Puzak, Continued) Stoddard indicated he is in favor of this application subject to the septic being reviewed. Hawn noted the Applicant is proposing to meet the IS percent structural coverage, but will still require a hardcover variance given the situation. Lindquist inquired whether there are any bluff issues with this application. Gaffron stated the area near the lake does not rise high enough to be considered a bluff. Stoddard noted the lot does have some hardships inherent to the land. Lindquist stated he would prefer to have the residence hooked up to City sewer if possible and would recommend to the City Council that they review extending the sewer line in this area. Lindquist stated he does not have a problem with the application subject to the sewer issue being reviewed. Rahn inquired when the 1,500 square feet is applied and when the 15 percent is applied. Hawn stated whichever is more. Gaffron stated any lot that is under 10,000 square feet is allowed up to 1,500 square feet structural coverage, with any lot under two acres being allowed 15 percent of the entire lot area. Puzak stated the structural coverage would be at 15 percent. Smith noted the total hardcover does increase by over 500 square feet, with the total structural coverage does increase by over 1,000 square feet. Weinberger stated there arc two sets of hardcover numbers included in the report, with one set being the total hardcover and the other set including the plastic. Weinberger stated the hardcover increases by .2 percent in the 0-75 ’ area and decreases in the 75-250 ’ setback by approximately 7 percent. Smith stated the Planner’s Report notes that the total hardcover increases from 1,601 to 2,105 square feet, and the total structural coverage increase on the property is 1,009 square feet. Gaffron stated the total hardcover devoted to structure in the 75-250 ’ area increases, which is different than total hardcover. Gaffron noted the Applicant would be reducing the size of the driveway. Lindquist pointed out the Applicant is proposing structural coverage at 15 percent. Smith stated the existing is 10.3 percent. Smith stated the Applicant is adding additional structural coverage and hardcover. Smith inquired why the hardcover is increasing. Gaffron stated the report says the total hardcover devoted to structure is increasing. PAGE 23 ^inar-. • MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17,2001 6:30 o'clock p.m. (#01-2714 Frederick Puzak, Continued) Lindquist indicated the hardcover is actually being reduced. GafTron stated that is because the driveway is being reduced. GafTron stated the c.\isting total har<'.;over, e.xcluding plastic, is 48.44 percent, with the proposed hardcover being 45.60, excluding plastic. There were no public comments regarding this application. Lindquist moved, Hawn seconded, to recommend approval of Application #01-2714, Frederick Puzak, 1340 Baldur Park Road, granting of variances to hardcover and lakeshore setback to permit the construction of a new residence, subject to two conforming septic sites being verified •,«rior to this application proceeding to City Council, and further subject to the conditions outlined on Page Four of the August 13,2001 Planner's Report, with a recommendation to the City Council that if at all possible connection to City sewer would be preferred. VOTE: Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS (#15) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON AUGUST 27,2001 AND SEPTEMBER 10,2001 Lindquist stated he attended the August Z?"* Council meeting where all planning items were placed on the Consent Agenda. Lindquist stated the Council did discuss the lake access points. Hawn inquired whether Gaffron has any inFormation concerning the September 10 Council meeting, noting Kluth did not attend the entire meeting. GafTron stated the boat storage issue was discussed. The Council eventually approved a maximum length of 30 feet for boats that can be stored outside w ithout screening and grandfathering in all boats that are presently stored outside that are longer than 30 feet. Hawn inquired how City Staff would be able to verify that. GafTron stated Staff has discussed that issue and are unsure at this time how to deal w ith that issue. The Council also appro\ed a tlve-foot lot line setback, with a IS-foot setback from any neighbor's house. The Council also approved the requirements for licensing, two years for restoration, and that the entire lakeshore lot should be available for boat storage. On a nonlakeshorc lot the Council approved a 20-foot or shorter boat to be stored in the front yard or driveway. The Council felt tnat a 44-foot length boat was too large to be stored on private property and went with a 30-foot maximum. Haw n inquired w hether the grandfathering of the boats goes with the property. Gaffron stated the grandfathering goes with the boat and not with the property. In addition, the Council also said they would like Staff to enforce this Ordinance only on complaint. PAGE 24 MINUTES OF THE ORONO PI.ANNING COMMISSION Moadayt September 17,2001 6:30 o*clock p.m. (Plaaning Commission Comments, Continued) Hawn inquiied how Staff would be able to determine what boat was there previously if they do not plan on conducting an inventory of the boats in the area. Gaffron stated that there would need to be some ty pe of inventory done. The Council also was in agreement that there be some type of conflict resolution committee established comprised of three staff members in the event of a length of the existing boats is what has been gtandfathered in. Gaffron indicated Council Member Nygard brought in a copy of the City of Minnetonka ’s Code, which uses a 400-foot standard for complaints. The Council indicated they did not want to set a specific standard restricting who could register a complaint regarding boat storage. Rahn stated the City of Minnetonka has a specific form that needs to be filled out whenever someone complains as well as a requirement that Staff respond within 48 hours of the complaint. Rahn inquired whether the person complaining has to be an Orono resident. Gaffron stated Staff typically finds out the name of the person is that is complaining, which is typically kept confidential. (#17) PLANNING COMMISSION APPROVAL OF MINUTES FOR AUGUST 20,2001 Smith requested the minutes be corrected to read that Stoddard was in attendance at the August 13"* Council meeting. Lindqubt moved, Hawn seconded, to approve the minutes of the August 20,2001 Planning Commission meeting as amended. VOTE: Ayes 7, Nays 0. (#18) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON SEPTEMBER 24,2001 AND OCTOBER 8,2001 September 24 - Smith October 8 - Hawn (#16) OTHER ISSUES FOR DISCUSSION The Planning Commission requested Staff schedule a work session for Thursday, October 4"' at 8:00 a.m., to discuss the fence standards. ADJOURNMENT Hawu moved, Lindqubt seconded, to adjourn the meeting at 10:17 p.m. VOTE: Ayes 7, Nays 0. There being no further business to discuss, the meeting was adjourned at 10:17 p.m. Elizabeth Hawn, Chair PAGE 25 f