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Home My WebLink About05-17-1999 Planning PacketORONO PLANNING COMMISSION Monday, May 17,1999—6:30 p.m. 2780 Kelley Parkway—Council Chambers AGENDA Council Representative: Charles Kelley 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 June 14, 1999, City Council meeting unless otherwise noted by the Chair. OLD BUSINESS Review of these items will commence prior to or between scheduled public hearings. ^ #2469 Steven and Jo Webster, 500 Orono Orchard Road South, Variances. (Staff: Paul Weinberger). y #2169 Michael Renard, 1185 Tonkawa Road, Amendment of Variance. (Staff: Paul Weinberger). SCHEDULED PUBLIC HEARINGS 7:00 p.m. #2479 Peter Andrea Co., 555 Stubbs Bay Road North, Class III Subdivision (Staff: Paul Weinberger). NEW BUSINESS. PUBLIC HEARINGS ^ #2483 V / Trent Rezabek, 3200 Bayside Road, Variance Renewal. (Staff: Paul Weinberger) #2485 Alex and Cathy Johnston, 940 Brown Road South, Conditional Use Permit (Staff: Paul Weinberger). UUVl #2488 Roberta A. Roth, 1251 Briar Street, Variances. (Staff: Paul Weinberger) Gregg Klohn, 4455 North Shore Drive, Variances. (Staff: Paul Weinberger). 1 L Rick and Gail Luzaich, 2490 Old Beach Road, Variance and Conditional Use Permit. (Staff; Paul Weinberger ). Katherine Taylor Homes, 692 Tonkawa Road, Variances. (Staff Paul Weinberger). #2494 Dan Andersen, 2885 Little Orchard Way, Variances. (Staff: Paul Weinberger). SKETCH PLAN REVIEW #2490 Charles and Sue Van Eeckhout, 120 Brown Road South, Sketch Plan. (Staff; MikeGaf&on). #2491 Deborah Sholl, 4100 Watertown Road, Sketch Plan. (Staff: Paul Weinberger). PLANNING COMMISSION COMMENTS 13.Report of Planning Commission representatives attending Council meetings on April 26, 1999 and May 10, 1999. 14.Other issues for discussion. Planning Commission approval of minutes for April 19, 1999. Selection of representatives for City Council meetings on May 24, 1999 and June 14, 1999. ADJOURNMENT Public A ttendance •__ • • Meeting D ate 7^ □COUNCIL ^ Planning C ommission □Park C ommission □Other NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER ,ir /Zcl / . A1 , ti- Ke ijT-ti A i.jy.!:x/u 4 X A/!y ^ 4.^ ty L1 j 9 r <s..7* ~n r;i {U ■'■ r--------------------------- ^ ^]dia - J n r/ Uau CT— •7 t 32 &(^ fiAY^U^/dJ k 8.PkJ (^e<uiik.^ yy<> c>fd ^ /AK/I^C<!llCfUi J Izo ^^ klv ^a u (oi^n(o t\u^ 1?..‘i ^\'H<- ini -?■! /i r^-1 P-t>. 3> 1^-4 ) U lUdi-iv ,Lj>-ry;-flia M 14.P/\Jiiif)txiiii^tlill‘i'‘7 9^/ ’3- 15. TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:May 10,1999 SUBJECT:#2469 Steven and Jo Webster 500 Orono Orchard Road Variances Zoning District:RR-IB One Family Lakeshore Residential District (2 Acres) Lot Area: (Existing)38,346 s.f. Application:Last month the Planning Commission tabled the application for variance for Steven and Jo Webster. The direction by the Planning Commission was to create a greater setback for the proposed garage and residential addition from Dickenson Street and the alley. The applicants have redesigned the plan to move the garage off the property (alley) line to 5' and had the garage located 17' from Dickenson Street where T ^nzs proposed. The existing house is located 19.r from the side property line. The additions are required to meet a 50' setback from both the Dickenson Street property line and the alley. The lot was developed prior to the adoption of the Zoning Ordinance. Most of the existing structure is located within the required yard setbacks. This application requires che following variances: Section 10.28, Subdivision 5 (B): To permit a side yard adjacent to the street (alley) setback of 5 ’ where 50' is required; to permit an 17' side yard setback where 50' is required; and to permit a 36.8 front yard setback where 50' is required. The Zoning Code requires a 30' setback for garages with access served towards a street. Attachments: Revised Site Plan April Planning Report U2469/24'0 500/340 Orono Orchard Road Lot Line RearranfemendVacatton/yariances 4/19/99 Paget 1 J Pertinent Facts: 1.The enclosed survey, completed by Coffin & Gronberg has provided evidence that the 'paved' alley is not entirely within the 'platted' alley. The Webster's could back out of the proposed garage without entering directly to the alley. It is important to note that their is only one other user of the alley (540 Orono Orchard Road). 2.Similar variances were granted on the property for an addition, but a building permit was not issued within one year of Council approval and the variances expired. 3. 4. The City plows and maintains the alley. The Websters have a detached garage that is located over the property line by 3' on the north side of the lot. The garage opens directly to Dickenson. A garage located on the alley would provide a safer access point rather than backing out of the garage directly onto Dickenson Street. ANALYSIS Lot Area and Yards RR-IB (2 acre) Lot Area Lot Width Rear Yard Side Yard/ Adjacent to Street Street Yard Required 87,120 s.f.200'50'30 ’50 ’ Proposed 38,346 s.f.150 ’5 ’17'36.5 ’ The Webster's property, located at 500 Orono Orchard Road, has access directly to Dickenson Street. A new garage arrangement would take the access point off Dickenson and onto the alley. However, the City does require a 30' setback for garages that face the street. Because this is an alley it seems to be reasonable to allow a setback of less than 30 ’ as only one other property will be using the alley for access. •2469/2470 5M/540 Orono Orchard Road Loi Line Rearrangemeni/yacation/l^ariances 4/19/99 Page! Uey STAFF RECOMMENDATION Staff recommends approval of the variances to allow garage and residential additions to property located at 500 Orono Orchard Road based on the following: 1. The lot was developed prior to the adoption of the Zoning Ordinance. 2. The location of the garage on the alley is more desirable than the existing situation which requires the property owners to back out dirctly in vehiclur traffic on Dickenson Street. 3.The existing garage is located over the property line. A condition of approval is the garage be removed upon completion of the new addition. H2469/2470 500/540 Orono Orchard Road Lol Line Rearrangemeni/Vacallon/l'arianctS 4/19/99 Page 5 V. *.. ^CMisedi S*\H VW^ A. i -•*:." I' '• a v.v'.m *. */ *vf^* • r * ^ V • •/.. 'y >:‘^;.’.V m <fMi wf.! * •*. > /•?};** i5t ‘ "..V • V:?.-. ‘.'■’S^-:-^V *-*,fr* >»r( •*• .s .r. iffiAi •.‘•>vA:ifc*i I .*. frX‘Ki *'•• • A' •• ^ ' r V : '• '4 r^<*'U''l • >0;^ 'C‘ '- •.♦.•.'v »vl.' . . , |7T i ••.■•fv I'V' . . '.;■ i 'y .? V •;• :Q[6T!NG ;••;:■ ; . CAR^CEi: . • •*• •<.*« • • . .. - ' • ; sfj ■ .«•. .. i • •. *: */. 1 ’i"''.' • • ;'iv ■ •.■'•- .y^-' 15 • • TO:Chidr Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:March 11.1999 SUBJECT: #2469/2470 • 500 Orono Orchard Road Sketch Plan Review and Variances Zoning District: RR-IB One Family Lakeshore Residential District (2 Acres) 38,346 s.f. Application: The applicant has proposed a lot line rearrangement for properties located at 500 and 540 Orono Orchard Road. Steven and Jo Webster, property owners of500 Orono Orchard Road, have requested the City consider a lot- line rearrangement, vacation of the alley, and variances to permit construction of a garage within the required yard setbacks. The 540 Orono Orchard Road lot is owned by Kent and Sandra Larson. To permit a subdivision of a lot line rearrangement the Larson’s must be a co applicant. They have not communicated to the City support of the ch^ge in access to their property. They would be required to construct a driveway with access from Orono Orchard Road. This property uses the alley for its only access. The Webster’s at 500 Orono Orchard Road have proposed a garage and residential addition that would place the garage on the property line adjacent to the alley. (Please see the attached site plan). The garage is required to meet a 50 ’ setback from the property line, however variances have been granted that allow structures to be located closer to alleys elsewhere in the City, but none have been approved that would place a building on a property line. This application requires the following variances: SecUon 10.28, Subdivision 5 (B): To permit a side yard adjacent to the street (alley) ^«*ack of 0 ’ where 50 ’ is required; to permit an 8 ’ front yard setback where 50 is required, an to permi a side yard adjacent to the street setback where 50 ’ is required. n46mm 500/340 Orone Orchard Road Lot Lint Rtarrangtmtnl/Vacaiton/VarlonetJ 4/19/99 Page I Pertinent Facts: 1. 500, 540 and 550 Orono Orchard Road all have legal access and rights to the alley. The portion of the alley South of the Larson property is not developed. The amount of traffic • using the alley is limited to only the Larson's. Variance approvals to allow residential . additions would move the access to the Webster's property onto the . alley rather than ■ Dickenson Street. 2. 3. The majority of property owners in the locality support vacating the alley. Before variances for the garage and additional living space can be considered the issue of access to the subject properties should be resolved. 4. 5. 6. The alley is maintained and plowed by the City. The Minnetonka Bluffs subdivision was platted in 1887. The Larson's must be a willing applicant as the City cannot force a lot line rearrangement or a change in access to the 540 property. 7.The enclosed survey, completed by Coffin & Gronberg has provided evidence that the 'paved' alley is not entirely within the 'platted' alley. The Webster's could back out of the proposed garage without enteiing directly to the alley. It is important to note that the Larson's are the only other user of the alley. ANALYSIS Lot Area and VarAa RR-IB (2 acre) Lot Area Lot Width Rear Yard Side Yard Street Yard Required 87,120 s.f.200'50' • 30'50' 500 38,346 s.f.150'50 ’30'50' 540 25,400 s.f.100'50 ’30'50' Sewer Units Both properties have been assessed and provided with sewer units. 92469/7470 SOO/540 OtOHo Orchard Road Lot Lhtc Rtarrangimtnt/Vacailon/Varlancts 4/19/99 Past 2 Access The 540 Orono Orchard Road lot has access from the alley only. The alley is maintained and plowed by die City of Orono. The Webster’s property, located at 500 Orono Orchard Road, has access to directly to Dickenson • Street. The property is not served by the alley. A hew garage arrangement would take the access point off Dickenson and onto the alley. However, the City does require a 30' setback for garages that face the street. Because this is an alley it seems to be reasonable to allow a setback of less than 30 as only one other property will be using the alley for access. STAFF RECOMMENDATION Staff could support an alignment that would allow for a shorter distance th^ required between the new garage and the alley. The City has approved sunilar requests in the past. No buildings are allowed to be located on a property line as proposed by the applicant. The main concem is backing of vehicles directly onto a public alley. The site plan provided places the attached garage directly on the property line (alley). State Building and Fire Codes do not allow structure to be located within 3' of a property line. The applicant shall provide revised plans meeting minimum Building and Ffre Code standards, and implementing plans in keeping with the intent of the Rural Residential Zoning District. Attachments A B C D E F G H I J K Application Description of Request Location Map Section Map Property Map Site Survey and Topography Site Plan Elevation View Floor Plan Property Records Permit Record D 0 u-t[/M # c J~] in §2469/7470 500/540 Orono Orchard Road Lot Urn Raarrangtmenl/l ’acalton/Varlaneti 4/19/99 Fagti \ A Application# 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) Variince for non-conforming structures $250.00 Aftf.c the-Fact Fees (Double application fee) Date Received Amount Paid PROPElirV INFORMATION Site Addiess^SbrJ Or-r^^x^Snr^r'X Ar/. Property Identification Number (P.I.D.) oz. nn uri :>>v r)o«-(T Attach legal description to application if not included on required survey. Date Pr<yerty Acquired /??S I (do) (go noQ also own the adjacent parcels of land. •• ? Present use of property; residential ___other (specify)________ Zoning District: _________________________________________ Xmonth/year) APPLICANT Name 3o Address: .^cr» C').------- City: Phonefliome ) Phone fwork i Zip: S^39/ OWNER (jf different than applicant) Name __________ y V Address; Phone (home) Phone (worK).\ CityT Zip;. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: To 77/d. A a AVO /\<^*\ 1 f - ASt ■ a \ t^V.S CX-/A cl. • (attach additional sheets if necessary) ^ VARIANCES REQUIRED ___ Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) Z.cj 7' x'^e. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Mnivcr > / /,»/ r^ex.^ ^.^,>re.x4‘ A!c(As.'S I.LiI 5>/<i Tf. f ^ (attach' additional sheets if necessary) I: 'ii B “'sss;rs;ir‘a".sst;,?r“’“ ra r^-ir.5s:s=ar,rrsr4U? : SSrSS“iS'“™ liaMiiu thMiJl?" n •’J'®"'"'™“'’g Iho year-round maintenance of the alley and the enSankmenr "'" ProxImSto tte “.^snisssssrr" C";rr*r wlbstere®hrve baL^'h^ *’-.®" ® '’®'* "’®" 'he Larsons andmanv homot ft ^ i fiowever il s our understanding that Its IniUai Intent was to serve suTs ofreXlh^oTba never built I,Tee^they should be re-evaluated to meet the current needs and conditions. Road ta^rnew «cess7o '° 0~"° °'®hard stnlsla^ltrnfmaftb^®^ few a vaS oTme aTel'.^''® ''°' ”’® '"'®®' ®" • . • *• be*to move thefa^so ImI but an option none the less, would the excavaiinn ai 'eat of the alley to the east of the existing entry by 20 feet With and posiOoS the y--Vewa'!l'd^^^^ '^" h® ®nough soil to fill In make the a?ea sateH^ rhT'' h ®®® Parspective, this would help to well a« 9 Children because there would be space for them to olav as well as a place for us to park our cars In front of our new garage ^ ^ from Mark^Gro^?Iprn^ *i* drawn out on an existing certified survey I obtained home architect draw out the new addition over the existinq upon so^on. ° ^ solution I will have It surveyed In conjuncUon with the agreed acMAjtogui36op=;' \ 33! n a __ra /V Lh 0ReN9 eRaiARP RB i So i6 -5T "y •r VJ Z! 5* A ' ^o» < , • 1 • a s BARRETT AVE R in :K^ 5 »v—✓ 'IT tvi — 0 VI ■Sir ■55" <>)o> “sT So TT CTl*^* 1S5“ »ki ”35] raru •• « ■ST Di .‘I 0 » - rw -.•••• 5 -0 o>^1 Ch IW ^ 1*. ui «•^ • — Kl JU 5.S Ln Sw/ /• •-V*— c» -a_-2L 50 _s_JL.S)S)» ,so 50 JS.JB. s a CO e: Hennepin touniy/ l•nllln;oulo .-h:?UcQ Vj) OiTlON 1 L*>V At*^V>v\£WT^ .A>'Di ckGnson Street f\ 1 1^'-O Vj Os,Cc^\”e Ji . ..... —i> MoUiy ut^i J \'/^ae**sV /2 7.9Z SZA ^ (mJm '"^ L . • t • ••1 • .• •k ••’ z • • •*.• y ' • • •" • dwU^^;.«c •X X ia'X X X X X' x^ .1 wm • •• • *# • •• • I •• -4* f • V ».^ %•» • Hi •:/. • •■. 3 “. .' •’.‘•N 'I i A'’ 2 '•'/ / <u :t \vJL^ U7.06 rrff lot I }/lA^ • «•• • «»■••• *■■■ • • •#.• •*• y •< -r • r. • -• ••• • • • • ‘-S"I •*•4 •> ------------------------------------- 'v:^\* 5vf ’y:y< ■'/.•ft• • ^ . v*4. ■>:•■•■ t ‘. ■ r • # •• * I .** • # j' I H-f ..; . .. •••*..;• ;• . •• • • » • -vV V •’ • • • • • •• ,***^'^*^ • •• •■ "sV «’'•«r— — —• • • • ^« -\ #/• i< 0*.y* • » • • • • 0S.. • .,.^J.''-*.-»2'^l^ ‘J;’';..-•**•*{. tt‘••. 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Mi W-cSSimm r’ •••. *‘k. 1. l^"^5«4rVl V ’•.•• V n iu ‘«.«•••«/ vW’ i'V I.. .-^•’ • y^\ •• r''-.‘ Va •ir-2^.Tcizy 'v.■?.=-/, ■■;■•' *tlw| wi iiil FEB-"19-99 17; 58; 22 Hennepin COMPLETE Tax Report » # ; 0211723310046 PROPERTY TYPE; RESIDENTIAL tax year: 1998 perty Information RESS Y/TWN L CITY iOOL DIS ■ITION \AL DESC ^.CEL SZ BUILT 540 ORONO WAYZATA ORONO • MINNETONKA BLUFFS LOTS 19 20 AND 21 150 X 129.4 1915 BARRETT AVE ZIP: 55391-9606 LOT: ACRES BLK: .00 .er/Taxpayer Information :SR NAME; JAFFRAY ROBERT T OWNER ; JAFFRAY VICTORIA II XPAYER DRESS 540 BARRETT AVE ORONO MN 55391- rket Values Taxes - Effective 1998 I Subrecord Values .ND ; jf • lAL; i es 44/000 114/000 158/000 wIcp't/OC • 2/501.51 I WATERSHED; MINNEHAHA CREEK W/iSsMT: 2,530.58 I DELINQUENT; CURRENT TAXW/ASSWi. green ACRES/OPEN SPACES: No PREVIOUS DATE : PREVIOUS PRICE::C3NT DATE ; 05/1J/98 •:CENT PRICE: 254,000 prfvioUS CODE : 3CENT CODE ; WARRANTY DEED Dwelling Characteristics Gross Sq Ft ; 1477 First Fir SF : 916 Secnd Fir SF ; 561 Year Built : 1915 3edrooms : 2 Baths : 1 Family/Livg Rm: 1 / Dine/Othr Rm ; / Kitchen Fireplaces Heat Air FORCED HOT AIR Bldg Style Stories Bldg Shape Bldg Cond Bldg Constr Roof Type/Cover Ext Wall Gar Cap/Type/Sf Deck/Patio Sf Porch O/S/G Sf Pool/Pool Sf Lot V7idth/Depth Lot Zoning VERY GOOD N/A GAMBREL / METAL METAL / / / 150/ 128 Bmst »> ROOM SCHEDULE «< 1st 2nd 3rd STEVEN. CRS on F*brv»nf trsssi • SSSSSBSSSSSB8B8SSSSSSSS1L6-FEB-1999 17:50:35 *»=’ Hennepin COMPLETE Tax Report ?ID # : 021*1723310006 PROPERTY TYPE: RESIDENTIAL TAX YEAR: 1998 Property Information ADDRESS CITY/TWN 550 ORONO■• ORONO ORCHARD RD ZIP:. •55391- MAIL CITY ■ : WAYZATA SCHOOL DIS : ORONO ^ ; ADDITION LEGAL DESC PARCEL SZ YEAR BUILT MINNETONECA BLUFFS LOTS 6 7 18 AND 19 100 X 256 1915 LOT: ACRES BLK: .00 Owner/Taxpayer Information OV7NER NAME: NELSON LAWRENCE E JT OWNER : TAXPAYER AJ)DRESS : LAWRENCE E NELSON : 550 ORONO ORCHARD RD S : WAYZATA l^N 55391 Market Values LAND : BLDG : TOTAL: 53,000 53,000 106,000 Taxes - Effective 1998 I Subrecord Values TAX • 1,417.94 I WATERSHED: MINNEHAHA CREEK TAX W/ASSMT: 1, 437.44 | DELINQUENT: CURRENTTAX W/ASS ^ acres/open SPACES: NO Sales RECENT DATE : RECENT PRICE: RECENT CODE ; 01/26/90 91,000 PREVIOUS DATE : PREVIOUS PRICE: PREVIOUS CODE : Dwelling Characteristics Gross SqFt First Fir SF Secnd Fir SF .. Year Built Bedrooms Baths Family/Livg Rm Dine/Othr Rm Kitchen Fireplaces Heat Air 880 712 168 1915 3 1 / 1 / 1 GRAVITY Bldg Style Stories Bldg Shape Bldg Cond Bldg Constr Roof Type/Cover Ext Wall Gar Cap/Type/Sf Deck/Patio Sf Porch O/S/G Sf Pool/Pool Sf Lot Width/Depth Lot Zoning ROOM SCHEDULE «< VERY GOOD N/A GAMBREL / METAL METAL 1 / DETACHED / / / / / 100/ 270 312 96 hu. wfrs TSR STEVBN. CRS on Ftbniary 19.19ML To The Planning Commission of ORONO: * plalted^ley from lo P would have no objeclions lo the vacating of the alley. Sincerely / CcCc<6yCr.y^ ■if' Print . \ 5-FEB-1999 17:50:35 ID # Hennepin COMPLETE Tax Report 02il723310049 PROPERTY TYPE: RESIDENTIAL TAX YEAR: 1998 roperty Information DDRESS ITY/TWN . AIL CITY . CHOOL DIS DDITION EGAL DESC ARCEL SZ EAR BUILT OROUO ORCHARD RD’500 ORONO•. ' . wayzAta • ORONO MINNETONKA BLUFFS LOTS 1 2 3 22 23 AND 24 150 X 256 1947 ZIP: 55391— LOT: ACRES BLK: .00 vmer/Taxpayer Information WNER NAME: WEBSTER S & J T OWNER : ■AXPAYER DDRESS STEVEN S & JO ELLEN WEBSTER 500 ORONO ORCHARD RD S WAYZATA MN 55391 larket Values AND : )LD6 : TOTAL: 50.500 72.500 123,000 Taxes - Effective 1998 I Subrecord Values 1 BASE TAX : 1,754.21 I WATERSHED: MINNEHAHA CREEK TAX W/ASSMT: 1,776.84 I DELINQUENT: CURRENT I GREEN ACRES/OPEN SPACES: NO Sales _ ^CENT DATE : lECENT PRICE: DECENT CODE : 12/29/93 129,900 PREVIOUS DATE : PREVIOUS PRICE: PREVIOUS CODE : Dwelling Characteristics _ __ _ _ _ _ _ _-- Gross Sq Ft First Fir SF Secnd Fir SF Year Built Bedrooms Baths Family/Livg Rm Dine/Othr Rm Kitchen Fireplaces Heat Air 1336 1336 1947 2 1 1 / / 1 6 FORCED HOT AIR Bldg Style Stories. Bldg Shape Bldg Cond Bldg Constr Roof Type/Cover Ext Wall Gar Cap/Type/Sf Deck/Patio Sf Porch O/S/G Sf Pool/Pool Sf lx)t Width/Depth Lot Zoning EXCELLENT N/A GABLE / PITCH & GRAV* WOOD 2 / DETACHED / 528 / / / / 150/ 220 • t To The Planning Commission of ORONO: platted^H^ from Dil^’^son to my property , . .. would have no objections to the vacating of the alley , have no future interest in using the for access. I <Drc>*%€/i • • Sincerely / Sign / < . /cVlrA Print Date 16-FEB-1999 17:50:35 !3XS3: PID # Hennepin COMPLETE Tax Report 0^11723310011 PROPERTY TYPE; RESIDENTIAL TAX YEAR: 1998 Property Information ADDRESS CITY/TWN MAIL CITY SCHOOL DIS ADDITION LEGAL DESC PARCEL SZ YEAR BUILT 570 ORONO • • • • WAYZATA ORONO MINNETONKA BLUFFS LOTS 16 AND 17 100 X 127.8 1947 ORONO ORCHARD RD ZIP: 55391- LOT: ACRES BLK: 13 .00 Ovmer/Taxpayer Information OWNER NAME: HAWKIMSON ROGER J JT OWNER : TAXPAYER ADDRESS ROGER J HAWKINSOM 570 ORONO ORCHARD RD S WAYZATA MN 55391 Market Values LAND : BLDG : TOTAL: 42/000 83/000 125/000 Taxes - Effective 1998 | Subrecord Values I BASE TAX : 1/ 649.26 I WATERSHED: MINNEHAHA CREEK TAX W/ASSMT: 2/066.46 | DELINQUENT: CURRENT I GREEN ACRES/OPEN SPACES: NO Sales RECENT DATE : RECENT PRICE: RECENT CODE : PREVIOUS DATE : PREVIOUS PRICE: PREVIOUS CODE : Dwelling Characteristics Gross Sq Ft :2050 Bldg Style Stories First Fir SF 1336 Bldg Shape Secnd Fir SF.714 Bldg Cond GOOD Year Built 1947 Bldg Constr N/A Bedrooms 5 Roof Type/Cover GAMBREL / METAL Baths 2 Ext Wall STUCCO Family/Livg Rm 1 / .1 Gar Cap/Type/Sf 1 / DETACHED Dine/Othr Rm /Deck/Patio Sf 292 / 29 Kitchen 1 Porch 0/S/G Sf / / Fireplaces Pool/Pool Sf / Heat FORCED HOT AIR Lot Width/Depth 100/ 128 Air Lot Zoning Piaptndbv: WEBSTER STEVEN. CRS on Ftbruary 1$. 1$99 w Zo The Planning Commission of ORONO: I. Via —. \ . plaited alley from Dickenson to my ipF^erly at for access. would have no objections to the vacating of the ^lle/.^-n .i X, .,_zi—^fea9f / 5-FEB-1999 17:52:50 «=====*=========«========«==»===«== Hennepin COMPLETE Tax Report • • ID # : 0211723310010 PROPERTY TYPE: RESIDENTIAL #12 TAX YEAR: 1998 roperty Information DDRESS • IXY/TWN AIL CITY CHOOL DIS DDITION EGAL DESC ARCEL SZ BAR BUILT 1390 FOX.ST ORONO WAYZATA ORONO MINNETONKA BLUFFS LOTS 13 14 AND 15 127.75 X 150 1920 ZIP: 55391-9326 •• LOT: ACRES BLK: .00 wner/Taxpayer Information WNER NAME: WITCHER JONATHAII D T’ OWNER : WITCHER GRETA M AXPAYER DDRESS 1390 FOX ST ORONO MN 55391- larket Values AND : !LDG : OTAL; 44.000 66.000 110,000 Taxes - Effective 1998 | Subrecord Values I BASE TAX : 2,576.22 | WATERSHED: MINNEHAHA CREEK TAX W/ASSMT: 2,596.46 1 DELINQUENT: CURRENT I GREEN ACRES/OPEN SPACES: NO ’•ales '.ECENT DATE 10/12/98 PREVIOUS DATE lECENT PRICE:123,700 PREVIOUS PRICE: lECENT CODE : WARRANTY DEED PREVIOUS CODE : Dwelling Characteristics • Gross Sq Ft :1470 .Bldg Style • Stories First Fir SF 861 Bldg Shape Secnd Fir SF 609 Bldg Cond AVERAGE + Year Built 1920 Bldg Constr N/A Bedrooms 5 Roof Type/Cover GAMBREL /METAL Baths 7 Ext Wall STUCCO 280Famdly/Livg Rm 1/1 Gar Cap/Type/Sf 1 / DETACHED / Dine/Othr Rm / 1 Deck/Patio Sf / Kitchen 1 Porch O/S/G Sf //76 Fireplaces Pool/Pool Sf / 150HeatWATERLot Width/Depth 128/ Air Lot Zoning »> ROOM SCHEDULE «< Pfoarad by WEBSTER STEVEN. CRS on Ftbrvtry 18.1999 • • To The Planning Commission of ORONO: V IwJl f IjW/(V- 11 ___2 _____________________L_^— . plaited alley frorff Dickenson to myplaited alley fro would have no objections to the vacating of the alley ______have no future interest in using the my property at ^^0 for access. I 5-FEB-1999 17:55:10 Honncpin COMPLETE Tax Report ID #: 02^1723310013 PROPERTY TYPE: RESIDENTIAL ••TAX YEAR: 1998 roperty Information IDRESS ITY/TWN \IL CITY IHOOL DIS IDITION 3GAL DESC \RCEL SZ :ar built 500 ORONO . wayzata' ■ ■ • ORONO MINNETONKA BrAiFFr: HANLON AVE ZIP: 55391-9636 LOT:BLK: 50 X 129.48 1949 ACRES .00 mer/Taxpayer Information 7NER NAME: BENNETT P £ M : OWNER : \XPAYER ^DRESS PAUL A & MEGAN M BENNETT 500 HANLON AVE WAYZATA MN 55391-9636 irket Values VJD : JDG : ITAL: 37.000 80.000 117,000 Taxes - Effective 1998 | Subrecord Values I BASE T/X : 1,483.25 | V7ATERSHED: MINNEHAHA CREEK TAX W//xSSMT: 1,503.36 | DELINQUENT: CURRENT I GREEN ACRES/OPEN SPACES: NO ■i ales CCENT DATE ; 02/25/97 JCENT PRICE: 125,000 :CENT CODE : VJARRAI4TY DEED . PREVIOUS DATE : 07/10/91 PREVIOUS PRICE: PREVIOUS CODE ; Dwelling Characteristics 3ross Sq Ft 1710 First Fir SF 3ecnd Fir SF (Tear Built Bedrooms Baths ?amily/Livg Rm Dine/Othr Rm <itchen Fireplaces leat Ur 1080 630 1949 5 2 / / 1 FORCED HOT AJR Bldg Style Stories Bldg Shape Bldg Cond Bldg Constr Roof Type/Cover Ext Wall Gar Cap/Type/Sf Deck/Patio Sf Porch O/S/G Sf Pool/Pool Sf Lot Width/Depth Lot Zoning AVERAGE + N/A GAMBREL / METAL METAL / / 320 / 32 / / / 50/ 128 Bmst •'» ROOM SCHEDULE «< 1st _ _ _2nd 3rd Pnoirtdtv: WEBSTER STEVEN. CRSon Ftbniarv 1$. 1S99 To The Planning Commission of ORONO: I, ^ have no future Interest in using the platted alley from Dickenson to my property .at for access. I would have no objections to the vacating of the alley. Sincerely sign Print Daitf 5-FEB-1999 17:52:50 »====-==SSSSSS3 #10 ID # Hennepin COMPLETE Tax Report 0211723310009 PROPERTY TYPE;’ RESIDENTIAL TAX YEAR: 1998 roperty Information ODRESS ITY/TWN AIL CITY CHOOL DIS DDITION EGAL DESC ARCEL SZ FOK ST1380. ORONO WAYZATA • . ORONO MINNETONKA BLUFFlj LOTS 10 11 AND 1! 150 X 127.75 , ZIP: .55391-9326 1 LOT:BLK; ACRES .00 EAR BUILT : 1920 wner/Taxpayer Information V7NER NAME: MEYER HERBERT D t OWNER : AXPAYER JDDRESS HERBERT D MEYER PO BOX 12 WAYZA'MN 55391-0012 larket Values I Taxes - Effective 1998 I Subrecord Values .AND : 3LDG : rOTAL: 44.000 87.000 131,000 I I I BASE TAX : 1,912.72 | ViATERSHED: MINiNSHAHA CREEK TAX W/ASSMT: 1,936.82 1 DELINQUENT: CURRENT I GREEN ACRES/OPEN SPACES: NO I Sales lECENT DATE : lECENT PRICE: RECENT CODE : PREVIOUS DATE : PREVIOUS PRICE: PREVIOUS CODE : Dwelling Characteristics Gross Sq Ft 1701 First Fir SF Secnd Fir SF • Year Built Bedrooms Baths Family/Livg Rm Dine/Othr Rm Kitchen Fireplaces Heat Air 1134 567 1920 4 2 / 1 / 1 5 FORCED HOT AIR Bldg Style Stories Bldg Shape Bldg Cond Bldg Constr Roof Type/Cover Ext Wall Gar Cap/Type/Sf Deck/Patio Sf Porch 0/S/G Sf Pool/Pool Sf Lot Width/Depth Lot Zoning GOOD N/A GAMBREL / METAL STUCCO 4 / DETACHED / / / / / 129/ 150 750 48 »> ROOM SCHEDULE «< __ p,ep_a„d by: WEBSTER STEVEN. CRS on Ftbmary 16, 1999_ SVEN s ' & JO ELLEN WEB 0 OR')NO ORCHARD RD S .'iTZATA MN 55391- SAUDRA S LARSON 1540 6TH AVE N LONG LAKE MN 55356- LAWRENCE E NELSON 550 ORONO ORCHARD RD S WAYZATA MN 55391- 3ER J HAWKINSON 0 ORONO ORCHARD RD S rZATA MN 55391- J V ^ IKp\ y ^ bc.f *V i 1/ * C“' dr /CN. 540 BARRETT AVE )RONO MN 55391-5^10 BARRETT AVE ORONO MN 55391 540 BARRETT AVE ORONO MN 55391- >40 BARRETT AVE )RONO MN 55391- Pnoand bv: WEBSTER STEVEN. CRS on February U. 1$9$ Permit Ho. ^OO (CLtCl/lO^c/rS 7?ci ^ . PERMIT RECORD Date •7>3ig>fir/ ; Type of Permit OuivipiAj/*^ _ <Y>gCH TO:Chair Hawn and Orono Commission Members FROM: Wendy Bottenberg, Planning Intern DATE:May 10,1999 SUB.TECT: #2169, Michael Renard 1185 Tonkawa Road Variance Addition -- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:32,648 s.f. (Approx. - .75 Acres) Application: Applicant seeks approval of a variance addition in revising the structural amount already approved in a 75-250' hardcover variance approved in 1996 (File #2169). The applicant is proposing to remove an existing slied and its associated hardcov er and replacing it with a larger shed. The existing shed is currently located 2.36' from the property line, the new shed will be located 10.36' from the property line (no longer in sideyard setback). This application requires the following variance: 1. Section 10.22, Subdivision 2: To permit a variance addition to change the structure amount approved in hardcover variance to allow for a 12' x 21' shed to be located in the 75'-250' setback area. Pertinent Ordinances: SecUon 10.22: LR-IB One Family Lakeshore Residential Zoning District. U2169 Michael Renard 1185 Tonkawa Road Variance Addition 5/10/99 Page 1 I L 1 Hardcover Coverag e: Total Lot Size 0-75'Setback Area 75'-2 50' Setback Area 32,648 s.f.9,675 s.f. Allowed: 0 Existing: 213 s.f. or 2.3% 22,973 s.f. Allowed: 5,743.3 s.f. or 25% Existing: 6,147 s.f or 26.7% Proposed: 6,231 s.f. or 27.1% Structural Coverage : Total Lot Size Total Structural Coverage Percentage 32,648 s.f Allowed: 4,897 s.f 15.0% Existing: 2,747 s.f 8.4% Proposed: 2,831 s.f 8.7% Statement of Hardship : I. Staff feels a hardship does not exist in building a larger shed. 2. The applicant has included his statement of hardship in Exhibit A. The applicant should also be asked for his testimony regarding this issue. Issues for consideration : I. A hardcover variance was approved in 1996 to allow the hardcover coverage in the 75-250' area to be 26.7%. The applicant wants to remove a shed and construct a larger shed increasing the hardcover amount to 27.1%. 2. The city will benefit with moving the new shed 10' from the property line and no longer in the sideyard setback. 3. Other issues raised by the Planning Commission, i>2169 Michael Renard 1185 Tonkawa Road Variance Addition 5/10/99 Page 2 Staff Recommendation : Staff recommends denial of the variance addition. The applicant is increasing the amount of hardcover in the 75-250' setback from 26.7% to 27.1% where 25% is die allowed amount. Attachments A Application B Site Plan/Survcy C Building Plan D Plat Map E Location Map F Site Topography G Property Owners List H Permit Record I Resolution No. 3775 (File #2169*1996) U2I69 Michael Renard 1 185 Tonkawa Road Variance Addition 5/10/99 Page 3 ] y CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee .$250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application# Date Receiver *////*? f Amount Paid PROPERTY INFORMATION , She Address HSS 'TirTt/CfU^A A<1w.v-w • »ddre.■ .—-- ----------------- Property Identification Number fP.I.D.'l -P3 -AS •* — Attach legal description to application if not included on required survey. Date Property Acquired. ^<=fkit>o ___________________(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ^ residential ___other (specify). Zoning District: AA-IB ________________________ APPLICANT ^ H 0 ^ f) Name Ke^/tPd( Address: y/d5* ~lo7ikAi^A OWNER (if different than applicant) Name ________________ Phone fhome") ____ Phonefworki ________ City: GA qa JO _____Zip: jj 3Phone (home). Phone (work). W Address:City:Zip- Estimated Construction Cost $DESCRIPTION OF REQUEST Estin^ed Coi^^ Describe request in detail: (attach additional sneets if necessary) VARIANCES REQUIRED Lot Area _Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore ^ Other (specify) uJtfittj____________________I 4??-*^ X V-FfcWN^R J w - ------------- ---- -- ■ ----—- * 77 V (Oo-rio-vN^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual propertj^ondi^ns preventmg compliance with Zoning Code requirements: •<a o c^/y\/vttA quirements: —_ j ,'x£*ntjh AjAnt*. 6 *.. w ^O 11 o I i /f^ (Oi Miks rJe^' « Bo®<" oi^ 35m« 0¥*. IfO Be^v^ *#i# fj 1^ GILLES CONSTRUCTION, INC. 7540 Mellgren Lane CHASKA, MN 55318 Phone 466*2242 4C0 »Pt CHlPf EWA U OROMO WEAR cn ON OF0R1 CIR 0 HIGH EUHN S 5CHRBTJIHE OR t-/ ^ WATERTOWII BJ 1^ 400 V.vi%‘ •*•■•- «. Vr" •. '.t BAYS II BAY! Une WHITE >•- 4 *r;r c j. ; ^• Course*^ ** ■? ’•' .• S/32. — FOX *.rVv/:y..,/:*. ICH R D SCO ^“■^1 ■?••’• •• ' - y •• •.- •'■':_ j. ‘ji nx : • Wor/t 'r-; s on X oahi ro 'Uvi-V;•• • <4Y^ .-?Ar * •' Vi •> r^*:« *7- rS'.r>^ • ••• • - » 3s«ai4.^ / »»»• A ^ *'•■ • ••, \***^ •. t: -tX- >. - • % V r . — RUN DATE 03/S0/99 BATCH 50A PROP ADDR OWNER NAME TAXPAYER NAHE/AODR PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 58 08-117-25 15 OOOA 01105 TONKAWA RD JOHN D HILLER 8 WIFE JOHN D HILLER 5009 UNIVERSITY AVE N E HPLS HN 55921 58 08-117-25 15 0008 01190 TONKAWA RO J ROLAND PAVEK TRUSTEE J ROLAND PAVEK 17610 19TH AVE N PLYNOUTN HN 55997 58 08-117-23 13 0017 01185 TONKAWA RD H T REWARD' CDS RENARD H T RENARD. 8 D S RENARD 1185 TONKAWA RD LONR LAKE HN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI93590I PACE . 22 38 08-117-23 13 0006 01180 . TONKAWA RD R E EN6EBRETS0N ET AL RICHARD E ENGEBRETSON 1180 TONKAWA RO LONG LAKE MN 55356 58 08-117-23 13 0007 01160 TONKAWA RO P T 8 S K STEVENS PATRICK T 8 SUSAN K STEVENS 1160 TONKAWA RD LONG LAKE MN 55356 •38 08-117-23 15 0009 01120 TONKAWA RD J 8 A BENDT JOHN 6 8 ANNE L BENDT 1120 TONKAWA RD LONG LAKE HN 55356 38 08-117-23 13 0016 01195 TONKAWA RD D 0 ADAHS 8 R K ADAMS DANIEL OSCAR ADAHS 1195 TONKAWA RD LONG LAKE MN 55356 4 • 38 08-117-23 13 0018 01205 TONKAWA RD THOMAS H SMITH 8 WIFE THOHAS H SMITH 1205 TONKAWA RD LONG LAKE HN 55356 TOTAL BATCH 506 00008 • I • • f'M' V IT m i X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE.^--? A *7^BY • ) I . ^i^CrY\yKCLLO(X. Permit No. PERMIT RECORD Date % Type of Permit ^70 S //v^ 3*7A •V7////-^i'74. • • • • • ^i=xcJ^<e' 63a?6- / * S'//?7«rC^- &-b~9b OoiHRGa:te> <S=\-lO ^yn/rlo(L 1 (1171 boss’n-i4'%--"—y ^ -..... ^ori)s isyn <A£ftiAU . 5sss. ^‘ISS cF?o/ h A - vn /i) • /iiT* ^ (o J A v/- ^ /-/7- 97 /) /Cv k- . ^JLLslJc^_ a: \ of ^ « 4 CITY of ORONO 2*e^o;s RESOLUTION OF THE CITY COUNCIL . . no; 3?75 # • • A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE #2169 WHEREAS, Michael Renard (hereinafter "the applicant") is the 0N\Tier of the property located at 1185 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 853, Hennepin County, Minnesota (hereinafter "the property"); and • * • , WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow construction of an addition to the existing residence to be located 4' in front of the average lakeshore setback line where the existing residence is located 1 1/2’ in front of the setback line ^d where the code would allow no such encroachment and a variance to Section 10.22, Subdivision 2 seeking approval of a hardcover variance within the 75-250 ’ setback area of 403.7 s.f. or 1.7% for a total of 6,147 s.f. or 26.7% where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Mirmesola: FINDINGS 1. ... This application was reviewed as Zoning File #2169. 2. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists 32,648 s.f. or .75 acres. Page 1 of 6 .1 I r • ^ • .*Slo -^'L> • ■ m • 0 VLr'*CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 377 5 •>* .. * 3. 4. The Orono Planning Commission reviewed this renewal application on September 16, 1996, and recommended approval of the average lakeshore setback variance of 4* and hardcover variance of 1.7% within the 75-250' setback area based upon the following unique findings and hardships: a'. The encroachment to the average lakeshore setback is minimal at 4' and will have no negative impact upon the lake views of the adjacent residences. B. The existing residence is located 1 1/2' in front of the average lakeshore setback line. C. D. E. F. The City has received written acknowledgment by both adjacent neighbors that they have been made aware of the plans for improvement and the City has received no coinments from either neighbor. Hardcover in the 0-75' setback shall be reduced by 178 s.f. existing at 391 s.f. or 4.04% and proposed at 213 s.f. or 2.2%. I Proposed total area or size of the residence structure is consistent with the size and areas of surrounding residences on adjacent properties at similar areas. The existing bituminous drive and backout apron is required to maintain safe access to the adjacent County Road. G. Structural coverage is proposed at 8.4% where the code w’ould allow 15%.• The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the varianc* w'ould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 r X t? CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3 77 5 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. . • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) approving an average lakeshore setback variance of 4' and a hardcover variance 403.7 s.f. or 1.7% wth t' *al hardcover at 6,147 s.f. or 26.7%. This approval is subject to the following conditions: 1. 2. 3. 4. Applicant shall complete all hardcover removals as shown on site plan attached to this resolution as page 6. Hardcover removals consist of 48 s.f. of concrete pad and 550 s.f. of landscape area with undcrliner. All hardcover removals to be completed prior to the footing inspection for the new construction by the Orono Building Department. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 23, 1997). Violation of or non-compliance with any of the terms and conditions of tWs resolution shall constitute a violation of the zoning code, shall automatically terminate any authority grauited herein, and shall be punishable as a misdeme^or. The undersigned applicant has read, understood and hereby agrees to die terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 T • •^oK> CITY of OBONO RESOLUTION . OF THE CITY CQUNCIL no; a y.7 R : •r Adopted by the Orono City Council on this 23th day of September, 1996. Dorothy MQ^llin, City Clerk Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23th day of September, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of die City. a y commlssicn Empires Jan. 31.2noo Notary Public Page 4 of 6 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL . NO. 8 7 7S ■ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199^ before me a Notary Public within and for said county, personaUyappeare<ii/vi.^,/ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN notary pubuc -mnnesoia H8INEPIN COUNTY My Coountsdon bplres Jw. 31 a\ O !i _____ NOTARY PUBLIC j^L STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared known to me to be the ;;erson(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrurhent.and acknowledged r.hat he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 K.,5 frr- J ® _____T___1----------rr/tt57?S#.?i?5>vi<v/*«"W-- • T "- ’’Ax. i>#t — ■n-r— 41 CO LAKE MINNETONKA (eo-f • ] •fiv’CA-^ 6F f^'e.fh9utki i Page 6 of 6 (D TO:Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator FROM: RE: Paul Weinberger, Assistant Zoning Administrator #2479 Peter Andrea Co. (Jim Deanovic) ••555" Stubbs Bay Road North Class 111 Preliminary Plat Subdivision-Public Hearing Exhibits: A B C D E F G H I J K Application Plat map Property Owner's list Reduced Survey City Engineer report Assessor's calculation for park dedication January 19,1999 minutes from sketch plan Survey Septic report memo April Planning Report Previous Site Plan Zoning:RR-IA One Family Rural Residential District (5 acres) Comprehensive Plan:Rural Service/Rural Residential Application: Last month the Planning Commission tabled this application with the direction the subdivider amend the plan with the provision for future access across the property. The revised plan shows an outlot platted across the entirety of the subdivision. However the intent is to develop a private street in the outlot to the cul-de-sac and provide a private drive across the remainder of the outlot to serve the northern lot. The remaining undeveloped portion of the outlot will be held in reserve should access ever be extended to serve lots to the west. The revised plan has addressed two of the issues of concern discussed last month. The subdivision .las provided for future access across the property and has relocated the driveway to serve the north lot away from a wetland. You may remember the driveway that crossed a wetland to serve the north lot, previous Outlot B. ft2479 Peter A rdrea Co. 555 Stubbs Bay Road Subdivision 5/17/99 page-1 1 i. PARCEL INFORMATION Property Identification: The subdivision includes the following parcels; 32-118-23-24-0007 DESCRIPTION OF AREA t; The site is bordered by Wayzata Boulevard W. (Hwy 12) on the north, Stubbs Bay Road along the most easterly edge, and residential development on the south and west. TOPOGRAPHY There are several wetlands on the property. The topography of the site varies from elevations of over 1000 to 950. §2479 Petit Andrea Co. 555 Stubbs Bay Road Subdivision 5/17/99 page--2 LOT INFORMATIOI n The subdhision is proposed as 7 lots on 46.75 acres. Block 1 Dry Acres Total Acres Loti 5.3 acres 9.26 acres Lot 2 5.00 acres 5.00 (non-Orono wetland) Lot 3 5.00 acres south of right-of- way 5.00 (non-Orono wetland) Lot 4 5.00 acres 5.00 acres Block 2 Loti 5.00 acres 5.34 acres Lot 2 5.00 acres 6.49 acres Lot 3 5.05 a. res 7.30 acres ZONING The parcel is zoned RR-1 A, Rural Residential District. The minimum lot area requirement is five (5) acres. The minimum setback requirements are noted below: Lot Area Lot Width Front Yard Rear Yard Side Yard Side Adjacent to Street 5 acres, dry buildable 300'100'100'50’100 ’ Lot 2, Block 1 and Lot 1, Block 2 show a side yard adjacent to street setback of 50' on the survey. These should be shown as 100' on the final plan. Relocating the setback line will not affect the proposed building sites. Wetland Setback No building, exc.wation, grading or filling is allowed in or within 26' of the wetlands. The wetland setback will apply to Lots 1,2 and 3, Block 2. U2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision 5/17/99 page-~3 Septic Th‘. minimum setback requirements for septic systems is 75' from wetlands, water supply wells and stormwater ponds. No septic reports have been received as of the writing of this staff report. The subdivider's septic site designer has been in contact with the City’s On-Site Septic Systems Manager, Steve Weckman. Access The proposed plat shows a private road as Outlot A. The private road would be located off Sh’bbs Bay Road and end in a cul-de-sac. Our Subdivision Code requires roads to be platted through assuming it will be necessary for future connections to land locked parcels. To be consistent with the intent of the Code it is required the subdivider plat access outlets for future road extensions to the West. The proposed interchange for Highway 12 and County Road 6 will make access from the North difficult if not impossib 2. An adjacent property owner was concerned about the impact of the private road in relation to her property to the east. The concern was headlights from vehicles entering Stubbs Bay Road projecting light onto the property. There is a stand of everg-'ens between the residence and the road. The subdivider shall work with the property owner to develop a suitable plan to eliminate this concern. The proposed roadway will need to have a minimum paved width of 28' to meet City standards for a private street serving 7 or more units. The proposed temporary cul-de-sac will exceed the 1000' standard. Tne plan shows the road at approximately 1100'. It is the intention the road will be platted as a througli street and developed as such in the fUture for access to the west. The City Engineer shall review geotechnical recommendations and street design, including horizontal and vertical curve standards. This information shall be required before the City Council’s review. Easements 1. 2. A 27' road easement (Outlot C) is located along the v/est property line of proposed Lots 1 and 2, Block 1. Outlot C will not developed as a street until the time access to the west becomes necessary. Outlot C vtill provide driveway acce-^ to I ^t 1, Block 1. The driveway shall be located 5' from either property line. Standard drainage and utility easements along the property lines will be required for the final plat. U24 79 Peter Andrea Co. 555 Stubbs Bay Road Subdivision 5/17/99 page-4 3 Subdivider shall grant Conservation and Flowage easements across the weUands located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation. Park Dedication Fee 8% of the land value, to be determined by the City Assessor, will be required for Park Dedication Fee. Drainage The City Engineer has stated in the attached Engineer's Report the draft version of the Citys Comprehensive Storm Water Management Plan (SWMP) shows Aat the site lies within two major drainage districts. The northerly and southerly portions of the site flow to the west and lie within the Painters Creek drainage district. Engineer’s recommendation is final plans should include water quality provisions for storm water leaving the northerly and southerly portions of the site. A drainage area map, storm sewer and ponding calculations should be provided with the final plans. STAFF RECOMMENDATION All the lots meet the zoning district requirements for developments in the RR-1A zoning district. Staff is recommending approval of the application based on the following conditions: Staff approves the septic reports submitted by the subdivider. Each lot must demonstrate a primary and alternate site to be considered a buildable lot. The City Engineer reviews and approves the drainage plan and stormwater treatment pond within the development. The subdivider provide a vegetation preservation and protection plan and a Wetland Delineation Report. 1. 2. 3. 4. The conditions noted above shall be completed prior to review by the City Council, #2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision 5/17/99 page-5 • • Application ^ Date Received" 3 ^ Amount Paid «« crry of orono - subdivision application PROPER'n'LOC^iTION _ i , . • p . m -ri—- _ T.T. ._n. roTn\ 77 - /JJP - ^ ? LSite address PropenyId«ntificaUonNumber(PID) J-a-Zy -Z3'-lV -faa7- Please check one - Property X abstract or---- torrens. Auach legal description to application. OWNER (if different than applicant) Name (tfruMis fi/t-k rAnt^./AJc.. Address £o^A TfATO£tJfJ AOac. City rk / A^^€At4 rc/^rwiOr Phone (home) ^7/-/ Zip ST3S*i Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District i/2. 9/? t Acres Dry Land 2. ?S i Acres Wet Land '7St Acres Total, all parcels Residential; no. of units Other (specify)_____ PROPOSAL Division fo> Tax Purposes ” Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites 2 ____E>cisting Units New Units *7 Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per f"/.7/Acres ■Sq.-Ft: Dry Buildable Land >C Residential Other (specify) miH DATE H2/11/99 BATCH 505 PROP ADDR OHNER NAME TAXPAYER NAHE/ADDR SB 29-I1B-23 53 0008 00038 ADDRESS UNASSXCNED BURLINGTON NORTHERN RV BURL1NC10N NORTHERN RY HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 29-118-23 33 8009 03960 SIXTH AVE H nortuERN states power CO MSP PROPERTY TAX DEPT 414 NXCOLLiTT mall MPLS mm SS401 REPORT NO. PI^3S401 PAGE.. 13 38 29-118-23 34 0008 037'i0 MAYZATA BLVD M CLIFFORD L OTTEM CLIFFORD L OTTEM P 0 BOX 249 LONG LAKE MN SS3S0 PROP ADDR OWNER NANS TAXPAYER NANE/AOOR PXOP ADDR OWNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAME TAXPAYER NAME/AODR PROP AODR OWNER NAME TAXPAYER . NAME/AODR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 29-118-23 39 0009 03800 MAYZATA BLVD M OTTEM MANAGEMENT OTTEM- MANAGEMENT BOX 299 LONO LAKE MM 55359 38 32-118-23 13 0004 00990 STUBBS BAY RD N FREDERIC P RIEDEL FREDERIC P RIEBEL p 0 BOX 199 LONG .LAKE MM 55359 38 32-118-23 21 0009* OOOSB ADDRESS UNASSIGNED BURLINOTON NORTHERN RY BURLINGTON NORTHERN RY 38 32-118-23 22 0003 03825 SIXTH AVE M MICHAEL A ALEXANDER MICHAEL A A'EXANDER 3825 9TI* N LONG LA^i; HN 55359 38 32-118-23 23 0009 00990 ORCHARD ***"^ "“ _ ROBERT J * LORRAINE E RODEN ROBERT J 8 .^miNE.E RODEN 490 ORCHARD PARK RO LONG LAKEMM 55369 38 32-118-23 13 0002- 00530 STUBBS BAY RD N R C TAYLOR t S SKAY-TAYLOR R C TAYLOR 8 S SKAY-TAYLOR 530 STUBBS BAY RD N LONO LAKE (W 55356 SB 32-118-23 21 0003 00030 ADDRESS UNASSIGNED S A CIRSPINSKI E1AL CLIFFORD L OTTEM P 0 BOX 249 LONG LAKE MN 55356 38 32-118-23 21 0009 00038 ADDRESS PENDING STEPHEN DAVIS TOWLE STEPHEN DAVIS TOWLE 5115 PINNACLE DR OLDSHAR FL 34977 33 32-118-23 22 0009 00038 ADDRESS UNASSXCNED ROBERT T MICKELSEN ETAL JIM WHALEN 14425 38TH AVE N PLYMOUTH MM 55449 38 32-118-23 24 0003 00485 STUBBS BAY RD N R C JOCHIMS * S J JOCMIMS ROBERT 8 STEPHANIE JOCHIMS 485 STUBBS BAY RD N LONG LAKE MN • 55359 38 32-118-23 13 0003 . 00480 STUBBS BAY RD N TODD H 8 DONNA H OAUSE TODD 8 DOWIA OAUSE 480 STUBBS BAY RO LONO LAKE MN 55359 38 32-118-23 21 0005 00605 STUBBS BAY RD N SON KROONESS STEPHEN M KROONESS 90S STUBBS BAY RD N LONO LAKE MH 55359 . 38 32-118-23 22 0002 03825 SIXTH AVE N MICHAEL A ALEXANDER MICHAEL A ALEXANDER • 3825 9TH AVE N LONG UKE MN 55359 38 32-118-23*23 0009 00038 ADDRESS UNASSXCNED STEPHEN 0 TOWLE STEPHEN D TOWLE 5115 PINNACLE DR OLDSHAR FL 34977 38 32-118-23 24 0009 00585 STUBBS BAY RD N K A 8 D K HOLMES ET AL KEVIN A 8 DIANE K HOLMES 585 STUBBS BAY RD N 'LONG LAKE MN 55359 ■Io RUN DATE 02/11/99 BATCH 505 PROP ADOR OWNER TAXPAYER NAHE/ADDR’ PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/AODR IIEW^EPZN COUNTY PROPERTY ZNFORHATZOH SYSTEM PROPERTY OUNEDS LIST 50 SE-110-23 29 0007 03900 WATERTOWN RD . ORCHARD PARK FARM INC ORCHARD PARK FARM INC 3900 WATERTOWN RD MAPLE PLAIN HN 55359 SO ‘ S2-110<23 32 0001 03940 ; WATERTOWN RD JEFFREY V NELIN JEFFREY V HELEN • 3940 WATERTOWN RD MAPLE PLAIN MN 55359 TOTAL BATCH 565 00624 30 32-110-23 31 0001 00305 ' STUDDS DAY RD N PAMEU F GREGORY PAMEU FROST GREGORY C/O HOLLYBROOK 0 CO 706 2ND AVE S B400 MPLS HN 55402 30 32-110-23 32 0005 03050 WATERTOWN RD S N 0 C A HARRIS STEVEN H HARRIS 305 TURMAN RD HAPLE plain HH 55359 REPORT NO. PI43S401 PACE ■ 14 30 32-110-23 31 0003 . 00355 STUBBS DAY RD N T R SCIIUPP t J H SCHUPP TIMOTHY.R/JEANETTE M SCIIUPP' 355 STUBBS BAY RD N LONO LAKE HN 55356 30 32-110-23 42 0001 00400 STUBBS BAY RD H RICHARD N STUBBS RICHARD N STUBBS 400 STUBBS BAY RD N LONG LAKE HN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COtOfTY DEPARTMENT OF PROPERTY TAXATION/ TO THE BEST OF MY KNOWLEDGE AND BELIEF. • • •I DATE/^-i^ • •"‘l 1 I ! Bonestroo ly-^ Rosene 'ssnEi Anderlik & Associates Engineers & Architects ■ Aprils, 1999 ' • * Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Peter Andrea Subdivision File No. 139-2479 Bonestroo, Rosene. Anderilk snd Assodstes. Inc. Is sn Afrrmsclve AcUon/Equel Opportunity Employer prindp^ls: Otto G. Bonestroo. PE. • Joseph C. Anderlik. PX. • Marvin L Sorvale. PX. • Richjrd E. Turner. PX. • Glenn B. Cook. PX. • Robert a Schunicht. PX. • Jerry A. Bourdon. P.X • Robert W1 Rosene. PX, *nd Susan M. Ebernn. CAA.. Senior Consultants Assodste Prindpsts: Howard A. Sanford, PX. • Keith A. Gordon. PX. • Robert R. Pfefferle. PX • Richard W. Foster. PX • David O. Loikota. PX • Robert C Russek. AJj^ • Mark A. Hanson. PX • Michael T. Rautmann. PX • Ted KXield. PX • Kenneth P. Anderson. PX • Mark R. Rolfs, PX • Sidney P. Williamson, PX, LI • Robert F. Koismith • Agnes M. Ring • Michael P. Rau. PX • Allan Rick Schmidt. PX Offices: Sl Paul. Rochester. Wlilmar and SL Cloud, MN • Milwaukee. WI Wet) site: wwwJbonestroo.com E Dear Liz: We have reviewed the preliminary plat for the proposed seven-lot subdivision for the Peter Andrea Company. The site is located west of Stubbs Bay Road North and south of TH 12 in the north half of Section 32. We have the following comments in regards to engineering matters. 1. Access: The proposed access location off from Stubbs Bay Road appears acceptable. The proposed roadway will need to have a minimum paved width of 28 feet to meet City standards for a public or private street serving 7 or more units. The proposed cul-de-sac is a-proximately 1100 feet long where City standards allow for a maximum cul-de-sac length of 1000 feel. The plans should be reviewed for any conflicts with the future realignment of T.H. 12. The developer should be aware that the City will reconstruct Stubbs Bay Road this summer and eliminate the at grade railroad crossing and the existing access at T.H. 12. There is a need for a future east west roadway between Stubbs Bay Road and Orchard Park Road. It makes sense at this time to make provisions for a future westerly extension of the proposed roadway serving this property. City staff should research and further review possible alignments for a future westerly roadway extension prior to preliminary plat approval. It may make sense to dedicate 33 feet of right-of-way along some or all of the west boundary of the parcel. Thirty-three feet of right-of-way currenUy exists west of the west property boundary. Thirty-three feet of right-of-way also exists from the southwest comer of this parcel to Orchard Park Road. Final plans should include geotechnic.il recommendations and street design including horizontal and vertical curve information. 2. Grading; A grading and erosion control plan for the entire site should be submitted for review. It appears that driveway and street construction will require some wetland fdling. Driveway locations should be shown and wetland impacts identified on the final plan set. Erosion control measures should be in place prior to any grading, particularly along the wetlands. Additional erosion control will be needed during construction of the houses and septic systems. 3. Drainage: The draft version of the City’s’ Comprehensive Storm Water Management Plan (SWMP) shows that the site lies within two major drainage districts. The northerly and southerly portions of the site flow to the west and lie within the Painters Creek drainage district. Final plans should include water quality provisions for storm water leaving the northerly and southerly portions of the site. The central portion of the site flows easterly and lies within the Lake Classen drainage district. The receiving water body for the Lake Classen portion of the site is a wetland identified as LC-C-32 in the SWMP. The wetland is located 2335 West Highway 36 ■ St. Paul, MN 55113 • 651*636*4600 ■ Fax; 651*636*1311 • • on the east side of Stubbs Bay Road and is classified as being highly suscq)t%le to storm water flows. A water quality pond should be constructed on Lot 1 or Lot 7 to treat water from the site prior to discharging into wetland LC^C-32. A drainage area map, storm sewer and ponding calculations should be provided with the final plan set Final plans should be submitted to the Minnehaha Creek Watershed District for their review. 4. Easements: Final platting should include 33 feet of dedicated right-qf-vyay for Stubbs Bay Road. Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet wide along the roadway right-of -ways. Drainage easements should be provided aaoss all wetland, drainage way and pond areas. 5. Financial Guarantee: When the plans have been completed we will prq>are an estimate of the total cort for the site inq)rovements to determine the amount of the financial guaraitee required. Please contact me at 651-604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. TomKello^ Cc: Greg Gappa, City of Orpno . • ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 • • • • . I SKETCH PLAN REVIEWS (#10) #2452 PETER ANDREA COMPANY, HAVING AN INTEREST IN 6XX STUBBS BAY ROAD NORTH (PID #32-118-23-24-0007), 10:16 p.m. -10:40 p.m. Van Zomereh presented the staff report. She said the applicant Is proposing to suMlvlde e 36.47; . acre parcel Into seven lots with two outlots for acce^. Each lot would contain a itilnlmum of 5 acres. Oirtlbt A would be a private road ending In a cul-de-sac. She said all of the proposed building pads can meet the setback requirements. She recommended that the applicant provide additional InformaUon regarding the use of the most northerly portion of the parcel and the purpose of Outlet B. Mark Gronberg and Jim Deanovlc were present. Gronberg stated that the northern most lot line Is where Highway 12 Is proposed to run. Outlot B Is for access to the northern most lot He said there Is a platted road that runs along the west side of the properly. Stoddarel asked how access would be provided to the undeveloped lots to the west of the proposed subdivision. Gronberg said that the platted road that runs behveen the proposed subdivision and the undeveloped lots was probably intended to provide the access or they could gain access from Orchard Park Road. • Stoddard staled he Is comfortable with the plan as long as the platted road along the west side remains In the plan. Lindquist staled that he Is comfortable witti the plan. McMillan said she Is also comfortable with the plan. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON NOVEMBER 23,1998, DECEMBER 14,1998, AND JANUARY 11,1999 Smith noted that on January 11th the Council reviewed the Rebers:'Servlce 800 application and there are issues with the access. Van Zomeren stated that Mn/DOT had given preliminary approval to the access as a quick right turn, but then denied approval for that access. Mike Gaffron has been working with the project manager for that proposal and also Mn/DOT to resolve the Issue. ^ « * • Smith noted that there Is a published schedule of Council members who will attend the Planning Commission meetings. Smith said that the City has asked for an extension to provide an updated Comprehensive Plan to the Metropolitan Council. She asked staff If the Planning Commission will be involved In updating the Comprehensive Plan. Van Zomeren replied that Mike Gaffron will be devoting his time »o completing the Comprehensive Plan. She said she Is not sure how the Planning Commission members will be Involved. Schroeder asked Bob Sansevere, Council Member, to what degree the Council plans to involve the Planning Commission In updating the Comprehensive Plan. Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (it$) i^24S1 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD • Continued Roelofs stated that the application was written as though It was for a garage. He explained the* current floor plan of the house. Stoddard asked If the desire for extra living space or the desire for garage space steered the application.-•• , • ‘ ' . ••• . • • .-.-•a •• ^ Roelofs said they go hand In hand. The applicants want to bring a garage to the lot and expand the house. They v«nt to keep the house as contiguous as possible. He said the addition Is entirely behind the setback line. Roelofs reviewed the sizes of the neighboring houses. He said they would like some direction from the Planning Commission members before making further plans. Stoddard said he would like to see the hardcover scaled back. He asked what the hardcover would be If the structural coverage was brought down to 15%; McMillan said the applicants are allowed a minimum of 1,500 feet of structural coverage and that would automaUcally trigger additional hardcover. She said that 15% sUucture coverage would be 1,585 square feet and the applicants are proposing 1,650 square feet. She said she could approve the application If the structural coverage was reduced to 1,565 square feet. Roelofs said that would mean a redu^on In building mass of 85 square feet He said they did consider making the garage shorter, but It doesn't reduce hardcover because the driveway would be longer. McMillan said she believes that structural coverage Is more Important than hardcover and 1 565 square feet would be very close to the allowed 1,500 square feet of structural coverage. ♦ • Lindquist and Smith agreed with McMillan. There were no public comments. Lindquist asked If Roelofs was comfortable with reducing the structural coverage to 15%. Roelofs said he believes they can work h out. McMillan moved, Smith seconded, a motion to approve Application #2451, Lyle and Gretchen Shaw, 1760 Shadywood Road, for a hardcover variance In the 76'-250 ’ lakeshore setback v/lth the condition that prior to the Issuance of a building permit the applicant provide a drainage plan that would be acceptable to City Staff. VOTE; Ayes 6, Nays 0. Page 15 TO: Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator FROM: RE: Staff #2479 Peter Andrea Co. (Jim Deanovic) "555" Stubbs Bay Road North Class III Preliminary Plat Subdivision-Public Hearing Exhibits: A B C D E F G H I Zoning: Application Plat map Property Owner’s list Reduced Survey City Engineer report Assessor's calculation for park dedication January 19, 1999 minutes from sketch plan Sutv'ey Septic report memo RR-IB Comprehensive Plan: One Family Rural Residential District (2 acres) Rural Service/Rural Residential Application: The applicant is proposing to subdivide the 46.75 acre parcel into seven (7) residential lots in the 5 acre zoning district. PARCEL INFORMATION U2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision PC-4/19/99 page~I Property Identification: The subdivision includes the following parcels: 32-118-23-24-0007 DESCRIPTION OF AREA The site is bordered by Wayzata Boulevard W. (Hwy 12) on the north, Stubbs Bay Road along the most easterly edge, and residential development on the south and west. TOPOGRAPHY There are several wetlands on the property. The topography of the site varies from elevations of over 1000 to 950. #2479 Peter Andrea Co. 555 Stubbs Boy Road Subdivision PC-4/1 9/99 page~2 LOT INFORMATION The subdivision is proposed as 7 lots on 46.75 acres, Lot Dry Acres Total Acres * 1 5,0 acres 6.36 acres 2 5.08 acres 5.08 (non-Orono wetland) 3 5.5 acres south of right-of- way 5.5 (non-Orono wetland) 4 5.19 acres 5.27 acres 5 5.50 acres 5.46 acres 6 5.0 acres 6.36 acres 7 5.0 acres 6.8 acres ZONING The parcel is zoned RR-1 A, Rural Residential District. The minimum lot area requirement is five (5) acres. The minimum setback requirements are noted below; Lot Area Lot Width Front Yard Rear Yard Side Yard Side Adjacent to Street 5 acres, dry buildable 300'100'100 ’50'100' Wetland Setback No building, excavation, grading or filling is allowed in or within 26' of the wetlands. The wetland setback will apply to lots 5-7, Septic H2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision PC--4/19/99 page-3 •itiwn mact] I■■■ rtwmt •IfiUJ simra RililiMt] rtTiicftd] roT«li llllllll^ •14 [•llili|iI4LtJ p F;l •!• K U« 151 11WU451 f l«J ^riTiT^ii^tTO]* •liflTO UltTWiTti 1. 2. The Preliminary Plat shows Outlet A as the proposed private road, but does not provide a means for future connection through the plat to the west. The proposed Lot 3 is accessed by a 50’ Outlet B for a private driveway. Private driveways are normally platted at 30' for back lots. The plat shows a proposed rear lot line for right-of- way which may be 'taken' for an interchange. Knowing this, the City should require the lot meet 150% of zoning district requirements as a back lot recognizing the location of the rear lot line after right-of-way acquisition. The lot should meet the following requirements: 3. 4. 5. 6. 7. 8. 9. A. B. Lot Area = 7.5 acres Front Setback = 150' Outlet B is shown through an existing non-Orono wetland. The status of the wetland being non-Orono does not change the need to mitigate tlie wetland at 2:1 on site. It is the position of City Staff the wetland not be mitigated if an alternative exists for access to Lot 3. Including extending Outlet A further to the northwest. The Minnehaha Creek Watershed District will require on site treatment of stormwater. The plat does not show a pond being developed. Conservation and drainage easements will be required over a stormwater pond. The subdivider has not provided information on how a driveway will cross the Orono wetland over Lot 6 between Outlet A and the proposed building site. The subdivider has not provided a wetland delineation report or septic reports. It is not possible to proceed with the application until these items have been reviewed and approved. Lots 4 and 5 would require lot width variances as they do not meet the required 300’ width for the RR-1A (5 acre zoning district). The location of the building pad shown on Lot 5 may be in a location to narrow. The lot requires a lot width variance at the street and the width at the building pad is only about 180' The City will require dedication of a 17' along the west property line of Lot 5 for future right- of-way. 33' had been dedicated along the parcels to the west. #2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision PC-4/1 9/99 page-5 STAFF RECOMMENDATION Staff recommends the application be tabled to allow additional time for the subdivider to submit septic and wetland delineation reports. The Planning Commission should also discuss the items listed on page 5 and offer recommendations based on future access to properties located to the west. The Subdivision Ordinance requires developers plat for future access through the subdivision. This plan does not provide for future access. H2479 Peter Andrea Co. 555 Stubbs Bay Road Subdivision PC-4/19/99 page-6 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM; Wendy Bottenberg, Planning Intern DATE:May 10,1999 SUBJECT; #2483 Trent Rezabek 3200 Bayside Road Variance Renewal -- Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 Acres) Lot Area:49,005 s.f.* (Approx. 1.1 Acres) *(65,340 s.f.- easement = 49,005 s.f.) Municipal Sewer Application: The applicant is requesting a variance renewal for a front yard setback variance for the property located at 3200 Bayside Road. The previous resolution (File #1371) was adopted March 1989 and expired on March 13,1990. The applicant is proposing to construct an 8' x 12' entryway on the south side of the existing residence. The existing residence is located entirely within the required front yard and street side setbacks, therefore any additions to the existing residence requires a variance. This application requires the following variance: 1. Section 10.23, Subdivision 6 (B): To permit a front yard setback variance to allow an 8' x 12* entryway to be constructed on the south side of the house 18.4' from the front yard where 50' is required. #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5/10/99 Page I ANALYSIS Pertinent Ordinances: Section 10.23: LR-IA One Family Lakeshore Residential Zoning District. I.Qt Area and Yards: LR-IA (2 Acres) Lot Area Lot Width Front Yard Side Yard Adj. to Street Required 87,120 s.f.200’50'50 ’ Proposed 49,005 s.f.*165'18.4’33.8 ’ * Area is 65,340 s.f. - 33' easement = 49,005 s.f. Structural Coverage: Total Lot Size Total Structural Coverage Percentage 49,005 s.f.Allowed: 7350.75 s.f 15.0% Existing: 1892.50 s.f 3.9% Proposed: 1988.50 s.f 4.1% Statement of Hardship: The applicant should be asked for his testimony regarding this issue. #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5/J0/99 Page 2 Issues for consideration : 1. The existing residence is located entirely within the required front and side street setbacks, and therefore any addition to the existing residence requires a variance. 2. The existing residence is unusually close to the front and side street lot lines, which is generally unusual for properties in the LR-1A zoning district. 3. Other issues raised by planning commission. Staff Recommendation : • Staff recommends approval of the variance. • The special conditions applying to this structure are peculiar to this property. • Granting of the variance will not alter the essential character of the locality. Attachments A Application B Site Plan/Survey C Addition Plan D Plat Map E Location Map F Site Topography G Property Owners List H Permit Record I Approved Resolution (File # 13 71 -March 1989) #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5/10/99 Page 3 \ \ Application # ^ Date Receiv^~ Amount Paid )so^^ CITY OF ORONO - VARIANCE APPLICATION Lutial Application Fee $250.00 ($50.00 per each .additional, variance) Renewal Variance Fee $150.00 (no change from ori^aTappication) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ^,200 sr (I^.I.D. n .^ejuujLT Property Identification Number (P.I.D.’l -/<7 —OQQY Attach legal description to application if not included on required survey. Date Property Acquired,Property ^ I (do)C(aoj^ also own the adjacent parcels of land. .Q/!l5^,(month^ear) Present use of property: \_/residential Zoning District: L.^- / other (specify). APPLICANT^ ys Name *7^^ Address: Ar,y cU,* Phone (home) J2 UQ- OS^_____ ____ Phone (work ) 3/ 7 _______ City: ________Zip:. OWNER (if different than applicant) Name Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST. ^ Estimated Construction Cost $. Describe request in detail: /aAj/^_____I #'f \\ »• (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width V/^ront __Side Hardcover Rear *' --i \ I Lot Coverage s\ Average Lakeshore _ t/ 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) f rr’.vr.-- • •*. «. •. • m :^ .«r. '/ F ^ ^ •’ i ..!» . .I' '*^VOO ‘ I .• . • ** •**••••••••••** • A ... •# ..l.‘ V J • 15 oo d «o 3o in • ••♦..%» t • •• •• .•¥•. ,* I r ^Ckc . 0.^ ^ of (ton VUsKt (A i iM ii iii . ; .1 • vV.;..‘.S • • •••»'■•. V, •>vt\v • ••.* • s ms •2f 0 2; fO 8 ,:r .*•'. . ,v • « ...SBViJt* 19't aAYSlDiE \?i o d •sn K1 -C 0 TT3 I 0 I U- < ui -J • rMd- " • • • 0< ca%T if*A M. M ^C. -I hl \ a S . I Toin R lS. «* Certificate of Survey V'*' LEGAL OESCflIPTlON Lot 14. AUDITOR'S SUBDIVISION NUMBER 203, according to tha recorded plat thereof. Hennepin County. Minnesota. . CITY OF OHCNO SITE PLVI__ GiUDIHQ PtAN ^APr?..0Vgi) •;‘'f:r;vED'.\';TM REVISIONS ■'} C;Z ‘uV ‘JCi’? •C'Ar:_^/x.'_?cL: Otnolts \foA m6ftUfl\c/\\ hA n\i(ie.A K.L<3. . •»» * *■ • . ..n ♦•.<••• .Tluj .:• • •• • • T •■.••*••,' s •• tfoA fflnnumr.M PounA ba&aA on a^uim£A Aah ScaW. I loci' • 40 fati / Aar«4f rcravy atef JM mjn^,fk^,cf rtpert tm pnpmwf ^ t ar mitt oy dBwcf ai^onoiiw end diet f em e djf ApaMood iMd Serr^yMtd^ lit* JhftefJhe Std* ef UenuH*. pr^ftiuonoi Lena Siavereft T. ELLESTAD ASSOCIATES INC. Bate hn-Eff Re^^tfoUen Moaihef i7S^9 Bob •iTlitikoma ' Oaid.: Mi-a9----------=5 —---------- 3o\a lio. MfOf ------------------------1—3 -------------• 1 • * INC. HU do* m Uepj* Lo»o,A»K3SJSd ISa)S^-6lU • JH .O O ■ ■ If i< ‘ M V. */ 05 to 1 v< I?—J L—— <<:t* .U s »5..« ^ ••rX/ sit? Tr*W ^ T /fc »i»r- *’r*W ^ »»»?• • - ;k • '9- i wf _ - .• • r; \i ii p V » LS END RO V*»• c•S^^ nunin dnu 4800 v<^ north ABM U • •• 'V' ^■>0* *i‘-Krni7/; •V • • % ^ w r- •**!>< tf*‘ ••!tk** •S /.•• •* • i t-*l * 4400 4000 vy.‘? ?#s iftosS SSi;?a.^‘ 3600 STUBBS BAY RO N ORESTVIEW* AVE ---------■; ri • ->’•?: >‘Ajj )y £; i '•” • -\iV R-5'2f ^ .. /•■*' i*r*r* o Q*.•.!y?“..5i OLD u* • Ct .‘^ r' /,& »y • /m m 3 S ^ *" ^\eS WEAR US crystal : i* bayard s woxvo is: r coGANDEIUD oo WEAR ,.—\U OLD CRYSTAL B^ RO H ^7<t. Im, m BOLDEN VIEW DR mmm ii^i RUN DATE 03/30/99 BATCH 503 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST L PROP ADDR OWNER NAHE TAXPAYER > NAHE/ADDR PROP AOOR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAI^ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR .33 04-117-23 23 0003 00340 LEAF ST T J TERRY 3 6 J GEHRXNG THOHAS TERRY 340 LEAF ST LONG LAKE HN 55356 33 04-117-23 32 0007 03190 SUSSEX RD J D KENNEY A H J KENNEY JOHN D KENNEY/HARY J KENNEY 3190 SUSSEX RD LONG LAKE HN 55356 33 05-117-23 14 0006 03240 BAYSZDE RD D 3 B BOYLAN DONALD K BOYLAN '3240 BAYSXDE RD LONG LAKE HN 55356 . 33 05-117-23 41 0017 03225 BAYSXDE RD R B 3 V 0 SHELDON RONALD B SHELDON 3225 BAYSXDE RD LONG LAKE HN 55356 REPORT NO. PI4354Q1 PACE 7 05 33 04-117-23 23 0009 00360 LEAF ST H C FURCHNER JR ETAL HENRY FURCHNER 360 LEAF ST LONG LAKE HN 55356 001033 04-117-23 23 00400 LEAF ST R A 3 D C RYAN ROBERT A 3 DELORES C 400 LEAF ST LONG LAKE HN 55356 RYAN 38 04-117-23 32 0003 03160 SUSSEX RD KYLE H LEWIS KYLE H LEWIS .14055 37TH AVE N PLYHOUTH. m 55447 38 05-117-23 14 00345 LEAF ST TONY EXDEN COHPANY TONY EXDEN COHPANY 4100 BERKSHIRE LA N PLYHOUTH HN 55446 0003 33 ‘ 05-117-23 14 0007 03200- BAYSXDE RD T A REZABEK 3 S L REZABEK TRENT A REZABEK 3200 BAYSXDE RD LONG LAKE HN 55356 005933 05-117-23 14 00375 LEAF ST D H CROWTHER 3 S D H CROWTHER 3 S 375 LEAF ST LONG LAKE HN 55356 J CROWTHER J CROWTHER 33 05-117-23 41 0013 03211 BAYSXDE RD J A 3 T J F LUNDELL. JAHES 3 TRACEY LUNDELL 3211 BAYSXDE RD LOm LAKE HN 55356 TOTAL BATCH 503 00011 •i- X CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION# TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE BY 4 't’H '3 Permit No. PERMIT RECORD Date Type of Permit 5522336 City of OROIVO jL 1 of- RESOLUTION OF THE CITY COUNCIL NO. 2589 _________ y A RBSOLOnOli GRMfTZNG VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23r SUBDIVISION 6 (B> FILE NO. 1371 ( * WHEREASr Robert Kinkema 2?5hln“the ^Cltv^ofowner of the property located at 3200 Bayside City of Orono (hereinafter "City") and legally described as follows: Lot 14, Auditors Subdivision #203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) i-^rmit the construction of additions to his addx^tions will be located less than the required 50* setback from the front street lot line and less than the required 50* setback from the sioe street lot line. HOW, THEREFORE, BE IT RESOLVED by the City Council of Crono Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1371 2. The property is located in the LR-lA Single Family Lakeshoro Residential Zoning District. 3. The Orono Planning Commission reviewed this “JJ February 21, 1989 and recommended approval of the proposed variance based upon the following findings: fequ7re'a ^fronV7n/Vid^e^%°« setbltks, and tLrefore any additions to the existing residence require a variance. b. The plight of the landowner is due to circumstances uni<-: to this property not created by the landowner. c. Granting of the variance will not alter the orsent* character of the locality. d.- The specir.l conditions applying to this strucVir- peculiar to this property. City of OROJXO RESOLUTION OF THE CITY COUNCIL NO. 2589_________ • e. The existing residence is unusually close to the front and Bide street lot lines, which is unusual for properties in the LR- lA zoning district generally* fnd :i ant.brji?;n J?op"e%%*y “f|ht^'£ \he g. The granting of the proposed variance will incair healthp safety, comfort, morals, or in any other respe be*contrary to the intent of the zoning code* h. The granting of this variance will not f® convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 4. The City Council has considered this application findings and recommendations of the Plannin^g ^ i City staff, comments by the applicant and the effect of the propose variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not as a convenience to the applicant, but is necessary to ^ demonstrable hardship or difficulty; is necessary to ° substantial property right of the applicant; with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City -rants a variance to Municipal Zoning Code Section *c permit the construction -^f additions to the existing •..•ill be located 33.8' from the side street lot line where a 50 ®^^--. setback is normally required, and 18.4' from ^he front lot line where :rcn-. setback is normally required, subject to the following conditions. 1. Any changes tc the site plan (attached ®® will 'place the residential additions closer to than the proposed setbacks will require additional re i y race 2 of 4 mm&immm ROBONO* City of OROINO RESOLUTION OF THE CITV COUNCIL NO. 2589_________ 3o-f'4 2. Authorities granted by this variance run with th^ prop^^^ Kith the applicant, “e year the date of C^fun“rraVp"riv"ir o“r Vhfs ^alHnce will expire on that date (March 13,1990). 3. Violation of or ^Jo^afio^of the"rVing ”3^4tra!l granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, resolution in the chain of title of the property. ^ v-;j-'^j^^jbed by the Orono City Council on this 13th day of March, ?operty Owneris) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. __ _ _ _me on thi , 19XV » by James P.. Grabek stay's: Hailin', M^yoF a City Clerk °t ~he cJ^of yonO',_a_Hinnesoti2ni[•orot The day of fore^ng^lnstruwent was »cknow^:^ged ^before ;:u^p^l-crpora;iran^a%^^d=^ins\ru»e^ on behalf of th :ity. s F. n n AlUl tary Pub My CommlssrefS"BHpi-o*e-8^ SC'.rFLE?. — "I 1 * a H£N n !?;M CCj*Mf ^ My V»L**^!5 Page 3 of 4 WOF folSbNij^'i vhw H w City of OROIVO resolution of the city council NO. 2589 33. 4 <3*^ 4- STATE OF MINNESOTA ) } SS. COUNTY OF HENNEPIN ) On this day of lOOfiL^V^CLi^198 9 before me a Notary Public within and for said county, personally appeared "Ttr r tA?r>/:iO. L.h lTi'\lr\^nr\^_ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 1 litijioix. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On thi day of 198_, before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the personls) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. transfer entered Vir o» pfiorcPTY fjt R riFLiciTfcc.’os NOTARY PUBLIC ^ 2830 0 -■ ,ii' Cf •'♦'rl'ocFuTY MY COMMISSION F.VPlRES Paac A of 4 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:May 10,1999 SUBJECT: #2485 Alex and Cathy Johnston 940 South Brown Road Conditional Use Permit-Public Hearing Zoning District: RR-1B One Family Rural Residential District Lot Area:9 +acres (5.11 acres dry: 4.55 acres dry contiguous) Application: Applicant has filed a conditional use permit to allow a "guest house". A bam exists on the southeast portion of the property that the applicant is remodeling to install a guest apartment. The bam is classified as an oversized accessory structure as it exceeds 1,000 s.f However on a property with 5.11 dry acres the lot is allowed one oversized accessory stmcture up to 2,200 s.f. The bam is 1,664 s.f in size. A condition of approval shall be the property owner file a restrictive covenant on the property that states the following; A. No future subdivision will be approved that places the structure within a lot that has no principal stmcture, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal stmcture, in order that a principal stmcture may be constmcted. At the end of this time period the oversized accessory stmcture must be removed if no principal stmcture has been constmcted. B. If the property is subdivided, the oversize accessory stmcture and principal stmcture wall be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. C. In subdivision approval, the setback required for the oversize accessory stmcture as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Site Analysis The property contains about 9 acres of which 4.55 acres is dry contiguous buildable land. Another 0.56 acre remnant piece is located adjacent to the dry buildable portion of the lot and essentially is contiguous since a culvert has been placed over this portion of the property for the driveway located to the south. Lots in the RR-IB district require two acres for the site to be considered buildable. A guest house CUP requires an additional two acres to maintain the zoning requirements for density in the locality. The property contains 4.55 acres dry buildable area. Guest houses must meet minimum principal building setbacks and be located behind the principal residence. The RR-IB zoning district requires the following: RR-IB (1 acre) Lot Area Lot Width Front Yard Side Yard Rear Yard Required 2 acres 4 acres for a guest house 200'50'30'50' The bam meets all required setbacks. Septic Steve Weckman has approved a septic design for the property which includes the guest house. A bedroom addition has been placed on the principal residence with the condition the final inspection for the addition be held until the septic system has been replaced and approved by the City. The same condition shall be placed on the Conditional Use Permit request. A final inspection for the plumbing in the guest house shall not be approved until the septic system has been installed aiid is approved by the On-Site System Manager. Home Occupation A home occupation is any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant when that occupation is conducted within the principal stmcture only, when evidence of the occupation is not visible from the street. No signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his/her residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his/her profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. Issues for Discussion 1. The property shall have a restrictive covenant placed on the chain of title stating the requirements for an oversized accessory building. 2. The proposal meets all requirements for a guest house for lot area and structure setbacks. 3. The property does not have a conforming septic system. However the property owners have submitted a septic design that has been approved by the City. A condition of approval shall be the final plumbing inspection be held until the septic system has been installed and approved by the City. Staff Recommendation Staff recommends approval for a guest house Conditional Use Permit for property located at 940 South Brown Road based on the structure meets the yard requirements established by the Municipal Code for a guest house CUP subject to the following conditions: 1. 2. The property owner files a restrictive covenant on the property for an oversized accessory structure. A final plumbing inspection be held until a septic system has been installed and approved by the City. Attachments A B C D E F G Application for Conditional Use Permit Location Map Site Topography Plat Map Survey Elevation View Property Owners List A Application It ^ Date Received Amount Paid iAJIz.V CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Applicati Property Identification Number (P.I.D.) ? APPLICANT Name /H-^x ^ C(tfhi! John^Hn )CATION ^ /} ,IZJ OrVnn-I.O/iiirrjTh SS3^/ ication to be Filed OYttYlHr Phone (home ) ______ Phone (work) - *l[j jcf City {A)^J.j'^ ZipAddress.^40 6. \hn\iL)f\ dA OWNER (if different than appUpant) Name Address Phone (home). Phone (work) City DateJProperty Acquired________G ____________________ (do not) also own the adjacent parcels of land. FEES - -feONDmONAL 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 _____$300.00 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 -Zip. (month/year) .i 9 OTHER APPLICATIONS ______ $250.00 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) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals ______Other - see Fee Schedule •* X*.-w . ‘ ■ I •• ■j‘ 4 O 5^ iU'.ar RUN DATE 04/12/99 BATCH 507 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR SO 10-117-2S 11 0001 00038 ADDRESS UNASSICNED SUAD H AZHARX SUAD H AZHARX 1745 FOX ST WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 11 0002 00038 ADDRESS UNASSICNED MCLEOD CNTY REG RAIL AUTH DAKDTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 REPORT NO, PX435401 PACE 21 ■ 38 10-117-23 12 0801 00860 BROWN RD S DAVID N SKEXE S WIFE DAVID M SKEXE 860 BROWN ROAD SOUTH WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER Ni^/ADDR PROP'ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 10-117-23 12 0002 00920 BROWN RD S N J STRAND 8 C J B STRAND NICHOLAS 8 COLETTE STRAND 920 S BROWN RD S WAYZATA MN 55391 58 10-117-23 12 0005 01005 HERITAGE LA S L 8 L X LARSON STEPHEN L 8 LUCINDA I LARSON 1005 HERITAGE LA WAYZATA HN 55391 38 10-117-23 13 0009 01035 HERITAGE LA B C BJERKE 8N P BJERKE BLAIR C 8 NANCY P BJERKE 1035 HERITAGE LA WAYZATA MN 55391 38 10-117-23 21 0002 , 00038 ADDRESS UNASSICNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MM 55323 58 10-117-23 24 0002 01045. BROWN RD S S D VANDEVEIRE ET AL STEVEN D VAN DE VEIRE 1045 S BROWN RD WAYZATA MN 55391 38 10-117-23 12 0003 00930 BROWN RD S CARY D FRETHEIM ETAL CARY D FRETHEIM 930 BROWN ROAD WAYZATA HN 55391 38 10-117-23 13 0001 01000 BRUWN RD S J A 8 P A ABBOTT ET AL JAMES A 8 PATRICIA ABBOTT 4671 GENOA DR AMELIA ISLAND FL 32034 38 10-117-23 13 0010 01085 HERITACE LA JAMES A SNYDER ETAL JAMES A SNYDER 1085 HERITACE LANE WAYZATA MN 55391 38 10-117-23 21 0007 00038 ADDRESS UNASSICNED E S BORMAN 8 J E CORWIN JULIUS HENDEL C/0 BURT H CORWIN 400 1ST AVE N MPLS MN 55401 38 10-117-23 12 0004 00940 BROWN RD S A 8 C JOHNSTON ALEXANDER/CATHERINE JOHNSTON 940 BROWN RD S WAYZATA MN 55391 38 10-117-23 IS 0008 01025 HERITAGE LA DEAN B PATTER*^0N DEAN B PATTERSON 1025 HERITACE LA WAYZATA MN • 55391 38 10-117-23 14 0014 01700 SHORELINE DR IRWIN L JACOBS ET AL IRWIN L JACOBS 1700 SHORELINE DR WAYZATA MN 55391 38 10-117-23 24 0001 01025 BROWN RD S E S BORMAN 8 J E CORWIN JULIUS HENDEL C/0 BURT H CORWIN 400 1ST AVE NO MPLS MN 55401 • i TOTAL BATCH 597 00016 TO:Chair Havvn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Planning Intern DATE:May 10,1999 SUBJECT:#2487 Roberta A. Roth 1251 Briar Street Variances — Public Hearing Zoning District:RR-IB One Family Rural Residential District (2 Acres) (Property is located within a shoreland area approximately 500+ feet from a natural environment lake, French Lake.) Lot Area:10,500 s.f. Municipal sewer Application: The applicant has proposed to remove an existing house and construct a new one on the existing foundation. The current foundation was replaced in 1985. The applicant seeks approval of a variance for lot area, lot width, front yard setback, side yard setback and side adjacent to street setback. The property is located within 500+ feet of French Lake. The review of hardcover was addressed in June, 1996 when the applicant applied for and received approval to construct a detached garage on the property. (The existing hardcover is 2,349.2 s.f or 22.3 %.) The amount of hardcover for this property will not increase with replacement of the house. This application requires the following variance: 1. Section 10.28, Subdivision 5 (B): To permit a lot area, lot width, front yard, and side yard variance to allow a 1,008 square foot house to be built on an existing foundation. U2487 Roberta Roth 1251 Briar Street Variance 5/10/99 Page 1 ANALYSIS Pertinent Ordinances: • Section: 10.28 RR-IB One Family Rural Residential Zoning District. Lot Area and Yards: RR-IB (2 Acres) Lot Area Lot Width Front Yard Side Yard Side Yard Adj. to Street Required 87,120 s.f.200’50'30'50’ Proposed 10,500 s.f.75'35.5'25.9’15.2' Structural Coverag e: Total Lot Size Total Structural Coverage Percentage 10,500 s.f Allowed: 1,575.0 s.f 15.0% Existing: 1,429.2 s.f 13.6% Proposed: 1,429.2 s.f 13.6% Statement of Hardship: The applicant has included her statement of hardship in Exhibit A. The applicant should also be asked for her testimony regarding this issue. U2487 Roberta Roth 1251 Briar Street Variance 5/10/99 Page 2 Tssiies for consideration: 1. The existing house will be replaced over a newer foundation. 2. Replacing the structure will not further intensify development on the lot. 3. Other issues raised by planning commission. {staff Recommendation: • Staff recommends approval of the variance, . An existing foundation will not increase hardcover or overall structural coverage. . There is not another location on the property where the applicant could cons^ct a house without encroaching into setbacks. The house must be placed over existing newer foundation. Attachments A Application B Site Plan/Survey C New House Plan D Plat Map E Location Map F Site Topography G Property Owners List H Permit Record #2487 Roberta Roth 1251 Briar Street Variance 5/10/99 Page 3 A' Application # ^ ^ Date Received" Amount Paid Zg~0 CTIY 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 INFORMATION ^ Site Address Property Identification Number fP.l.D.’l fh-fl'l-'Z^----2_i Attach legal description to appUcation if not included on required survey. Date Property Acquired --------------------------^(month/year) I (do) (do not ) also own t^ adjacent parcels of land. Present use of property: residential ___pother (specify) Zoning District: R ^•*1 o ____:__________________ APPLICANT^ 1..V.3 OWNER (if different than applicant) Name Address: Phone fhome^l Phonefwork'i -nuiu __ zip:_i^3lZ \l "■ Phone (home)____________ - ____ Phone (work)____________‘ City:_________________Zip:______ -j V. --------------- DESCRIPTION OF REQUEST Estimated Construction Cost $.______________________—T-’'% \ St m detau: hfj/uu/J(/£/ BV-----—i- 1 (attach additional sheets if necessary) Z VARIANCES REQUIRED . X Lot Area Lot Width X* Setback: .X L ront X Side _Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or u^sual propgty conditions preventing compliance with Zoning Code requirements:. /'Of — (attach additional sheets if necessary) • • • • • • • ••r. 4 % ¥ I W • • • •Ay«» 1 • . 1 •—' • ✓ • • • ; f • • • • •• • • • ? ■ If • ^Bcistinp o : Hous^^i 0 0 y 4 • • • • • • » 1 • t •^ s1 V • • J • '! >. • > • • • k\ -SO* Q) • • . • » ,• • 0>" . • • t • • . #• •• SO' . • •• LEGAL DESCRIPTION OF PREMISES; • « Lot-1 and the North half of Lot; 2, Block 3, CrystalBay Minnetonka. - • . •• • • • .* . o;’denotes iron marker set •: denotes Iron marker found .t-.. m ff •••t* . Dearljigs shown arc based upon an assumed datura*. •Oo ** • * .'■ ."'This .survey intends to show the boundaries of the above V . described property, and the location of an existing house ; ‘ and shed thereon. It does not purport to show any other ,improvements or encroachments. , • * •di C • ■rSNCE^ ► •Tlie KiMtItuuuMt II Model Home On Display ^■\k. <’*. • ti. ^ -cV '‘‘■j •■ *-_____ s: TheMerickel Northwood II Is a spacious two bedroom ranch style home. It features a cathedral ceiling over the large living room, dining and kitchen area with flat ceilings in thebath &bedrooms.Thehome has ample cabinets & plenty of closet space. It is Ideal for the budget minded home buyer or as a vacation retreat. 36-0 BEDROOM X X 1^ 1 J ■fijH1 ~u 1 DINING KITCHEN 1 5 \ •I * f •** •* *' ►••'!/ I I — LIVING ROOM •1 • t i• *.•«• -I .y f.• •. I 1 •ii 1,008 sq. ft. Home C' ' \\ \ '*• '. V ;-» *U ’=5Sr.l.1 a •'ijXs MERICKEL'S P.O. Box 471 Wadena, Minnesota Dial 218-631-3570 Located V^ Mile West on Highway 10 & • • • • •• • p -117-23-23 17b ,5?^i • 1 ----1 140 \ 14 a ".^ig ° 175 ! 1 1 rr"'m a ?' /g MO . ^ 6 » ,75 ^ " »a ■ f ° / a140 / \ 7 \l4 ■ .SI'. « I----- -------^------ -----------------U. - 50 502 §2 50. \8 :.14 N /• M 175 OUTLOT 15 175 59.6 'MSilt IfWf? 1 jifS !091<y>150(93)150^ ®S 150•V” 60 53 58 ^ A(75) ^ ^ ; Ln KO 8, . \ 14 140 g^'\(73) B \140 V ■ 3 (42) 140 4 y Ml a MO 14" (YSl MO AL' , 11 ^ (39), 40 ? \ (32) TT57 140 \ 140 to cr> # /|i! O ^ # /O "“Sir O r> £R 5. 208 ' (44) ro s 208 ( 19)o to 208 CRYSTA 90 i d6n‘>-:v%>: FHENCH UKE no ;'o5^ ?• '• ••;.’ '• • V -■i •-, . **'v.*?S*i ♦; ••••.:>.. i,.~* ^ Bay : sicvK iici-i:-:^v-^ *’ -^ Y • •• • i- • '^ **•*;•• ‘*7^ *•;<' ' j• *i* * 'yTanager:>\ V'XZS /*f£oi:tf-'Ml r"v #■ CREEHTLREft RO^ pRONQ 1600 r^ //>'. '• • r>v.v ■• . -vy-^^ V*. : ji |->.7: •: •; . Bracketts Point » . . .?...• • .. *•.*.• • y**•*( •'* i T •*. ••* ^'••• •-••.••J• •• • %• • %• •• i , ' . .* •• •• •• ••* :^: :^V:? ^->; •’.* :.^. .• •. •!*: •- U-v -/‘i ": • !.• . . .• • *• t* ‘*' •* IS^<£:====^/..- MINNETONKA »)^ :1 1*' -■ -••^v- 'm:$ : •/,•■;• kT • ■••'.•' *r.• • , • •• .•V.• ; •• .' .r^ . • . ^ • .. ••« >-•••• **-••; •• ,** * • . •• .••*-. • r**« V•.; • • ^ • .. • V •.• ^ • • •«. ... • :.. •.. ••* Ji? • • ^ / •* ;..*: .L-^v' . • . •*. • . ' N /. •; • •• m• V Big 2800 Island V RUN DATE 05/18/98 BATCH 502 PROP AODR OWNER NAME TAXPAYER NAHE/ADDR 38 10-117-23 23 OOOA 00038 ADDRESS UNASSZ6NED HICHAEL H CASHHAN SR ET AL MICHAEL M CASHHAN SR 1205 FRENCH CREEK CZR HAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATTON SYSTEM PROPERTY OWNERS LIST 38 10-117-23 31 0038 02160 CRYSTAL AVE M A J BLUE MARCUS J A JUDY A BLUE 2160 CRYSTAL AVE WAYZATA HN 55391 REPORT NO. PZ<i35<i0l ' PAGE 2 38 10-117-23 31 0037 01290 BRIAR ST DEAN T LUNDBLAD DEAN T LUNDBLAD 1290 DRIAR ST HAYZATA MN 55391 • ^ /* . PROP AODR OWNER NAME TAXPAYER NAME/AODR PROP AODR OWNER NAME TAXPAYER NAME/AODR 38 10-117-23 31 0038 01270 DRIAR ST JOHN C RANGE JOHN C RANGE P 0 BOX 105 CRYSTAL DAY HN 55323 38 10-117-23 31 0083 01291 BRIAR ST K CURLEY A H KELLETT KEVIN CURLEY 1291 BRIAR ST S PO BOX 81 CRYSTAL DAY MN 55323 38 10-117-23 31 0039 01250 BRIAR ST LAURIE A PEARSON LAURIE A PEARSON 7.250 DRIAR ST HAYZATA MN 55391- 38 10 117-23 31 0073 ul2*«5 ARBOR ST ■ KAREN E BJERKENG KAREN E BJERKENG 1285 ARBOR ST HAYZATA MN 55391 38 10-117-23 31 0082 01261 BRIAR ST GAL PRINTUP GARY M PRINTUP P 0 BOX .108 1261 DRIAR CRYSTAL BAY MN 55323 38 10-117-23 31 0093 02170 MINNETONKA AVE H A J HC CLELLAND MICHAEL P MC CLELLAND 2170 MINNETONKA AVE N P O' BOX 85 CRYSTAL BAY MN 55323 I PROP AODR OWNER NAME TAXPAYER NAME/AODR 38 10-117-23 31 0102 01251 BRIAR ST ROBERTA JEAN ROTH ROBERTA JEAN ROTH 1251 BRIAR ST CRYSTAL BAY MN 55391 38 10-117-23 32 0008 02220 FRENCH CREEK CIR A H AYERS A E AYERS A MERRILL AYERS 2220 FRENCH CREEK CZR HAYZATA MN 55391 38 10-117-23 32 0005 02235 FRENCH CREEK CIR D S A J SIKKA DALJIT A JASHINDER SIKKA 2235 FRENCH CREEK CIR HAYZATA MN 55391 • r) PROP AODR OWNER NAME TAXPAYER NAME/AODR TOTAL BATCH 502 00012 ^0 487f . ? /B5/ bnsr 5ir. PERMIT RECORD Permit No.Date Type of Permit TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Planning Intern DATE:May 11,1999 SUBJECT: #2488 Gregg Klohn 4455 North Shore Drive Variances — Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:27,000 s.f. (.62 acres) Application: The applicant has proposed to rebuild a garage that was damaged in the May 1998 storm. The new garage would be constructed in the same area of the existing garage. However, the new garage is proposed to be 4’ wider and 5' longer than the existing garage (will be 14’ x 24'). The applicant seeks approval of a variance for side yard setback and rear yard setback. The existing and proposed garage is located within the 250-500' lakeshore setback. A variance was granted in 1998 (File #2424) for hardcover to be 2,164 s.f. or 35.1% instead of the allowed 30%. The applicant then consUuctcu aii addition smaller than approved and removed a shed that are also located in this hardcover area. 1 his reduced the hardcover to 2,021 s.f. or 32.8%. The proposed garage increases the hardcover amount in this setback area 151 s.f. to 2,172 s. f. or 35.3%. This application requires the following variance: 1. Section 10.24, Subdivision 5 (B): To permit a side yard and rear yard setback variance to allow a 336 s. f. garage to be built in place of a damaged garage. 2. Section 10.22, Subdivision 2: (Allowed Hardcover in the 250’-500’ lakeshore setback). Existing on the lot is 32.8% of hardcover. The garage construction would add 151 s.f. of hardcover totaling 2,172 s.f. (35.3%). U2488 Gregg Klohn 4455 North Shnre Drive Variances 5/10/99 Page I ANALYSIS Lot Area and Yards: LR-1B(1 Acre)Lot Area Lot Width Sideyard Adj Lot Rear Yard Required 43,560 s.f 140’10’30’ Proposed 27,000 s.f.98'3'10.9’ The new garage would encroach into the side yard adjacent lot and rear yard setback requirements for the LR-IB zoning district. Hardcover : Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover 0’-75’5,968 s.f.0 s.f Os.f 0 s.f 75’-250'14,875 s.f 2,831 s.f (19%) 3,718.75 s.f (25%) 0 s.f same as existing 250’-500’6,157 s.t.2,021 s.f (32.8%) 1,847.1 s.f (30%) 2,172 s.f (35.3%) 500’-1000’0 0 0 (35%)0 The new garage would increase the hardcover amount on the property in the 250'-500' area. The hardcover would increase from 32.8% to 35.3%, where 30% is the allowed amount. (In 1998 the hardcover allowance was approved to be 35.1% in this area). Structural Coverag e: Total Lot Size Total Structural Coverage Percentage 27,000 s.f Allowed: 4,050 s.f 15% Existing: 2,855 s.f 10.6% Proposed: 2,863 s.f 10.6% U2488 Gregg Klohn 4455 North Shore Drive Variances 5/10/99 Page 2 Statement of Hardship The applicant has included his statement of hardship in Exhibit A. The applicant should also be asked for his testimony regarding this issue. Issues for consideration : 1. New garage could be built on northeast section of lot and not require variances for setbacks, 2. Other issues raised by planning commission. Staff Recommendation : • Staff recommends de.. of the variance. • A new garage could be built on another location (northeast) of the lot, be within all the setbacks, and be close to driveway. Attachments A Application B Site Plan/ Survey C New Garage Plan D Plat Map E Location Map F Site Topography G Hardcover Calculations H Property Owner's List I Permit Record U2488 Gregg Klohn 4455 North Shore Drive Variances 5/10/99 Page 3 V m •. t* « • • • •r *#• # • • • • ♦ Application 'Zr^J.^S-. Date Receiyed V-2g-7y ..Amount Paid. 2^0^ f) ■ t • ' CITY OF ORONO - VARIANCE ^PLICATION . .Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee^$]t50.00_... - . . (no change from ori^al application) ' . Variance for non-confonning structures ’ $250.00 • _____ • • •_____ ♦ • • • • . Afler-the-Fact Fees (Double application fee) PROPERTY lOTORMATION Site Address *:/.VSSr /A SAo^^.(oi>M m m mm mm ^ ^^ ^ w ^ ^ ^ ^ ^ 1 —————— Property Identification Number rPJ.D.^ hH -\\n-3J5 - ^ I - 0 OQ^ Attach legal description to application if not included on required survey. Date Prope^ Acquired______3/?^_________________________ I (do) fdcT^rt also own the adjacent parcels of land. .. Present u§e of property: ✓fesidential ___pother (specify)_________ Zoning District:_____L.^- ) />>_____^______________________' .(month/year) yO APPLICANT ; . Name Address: ' Y/S-T /^t'H (M-f< City : Phone (home) Phone (work) 6~ 7if' 7r<r ' Zip:_£Ti^ OWNER (if different than applicant)• • • • • Name *■ k^t.oh<\/ Phone (home) Phone (work)_________. •<.. • i-' Address: vvs»> a^o-K City: DESCRIPTION OF REQUEST Estimated Constmcdon Cost Describe request in detail: "To StrrtA-oL TM<tr u>/»j ~Q*'^y^Ar6to ______'Ruj Ston^ Ar1AC4/9/^ _______ (attach additional sheets .if necessary) .VARIANCES REQUIRED Lot Area •.......... Lot Width • . . .___Hardcover .. ___Lot Coverage V/SeSetback:Front l/Sid(l/Kear •Ave^e Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF IJNUSUAL PROPERTY COjromONS Describe undue hardship or practical cMculty or unusual property conditions preventing cotnpliance with Zoning Code requirements: 7V/J i^)rt:ry9o 0^*^^ ^ . TT/zc R aTJ oVk«y pUt*. -h /9m.1- »/v -fAu r^""------------------------------------------- - -------- . .. (attach additional sheets if necessary) r'RANK R. CARDARELLE {612)941-3031 . Land Surveyor Eden Prairie, MN 55344 Certificate ®f ^url)«v Survey For Crcnn Klohn 4455 North Shoro Orlve Orono, HN Book 34Q Page ? File • • • , t m. ■ i ■ --To. / I? / ' /> -j/ T ,r v/ 'Ll '7| .j 0 , V- /• ^ ' • Lob Areo 27.000 sq.ft.• 1^/ Houee 1,720 N n• 1 •/ Carngs 105 N N f i . 1 $ t J Sidewalk • 360 t*M Patio 410 M •1 Concrete Dr. 312 II M Shed 50 II tf Rock Dr.1.550 II M • Hard Cover 4,595 II •1 IT/./ B . r- • Xt 1"«40' Iron Mon.Found % ,. ---------- r....--—Lot 4. Be racist y Add U«^Oo ?flna UlU, except rond_____________________ W ew f4» Xxtti <•/»! » —Frank R. Cordaraltb Stale Reg. No. 6508 o /(Z t<>/x-y c/Y^'S~ yVo'- y V A 1 Ii> 1 'l \ / / /' / 9» v>o o-» ? i*^~-»^-‘»A-^'nu'T«t’M»n^^.wA- '5f s: \'V \ 122. 32 iso-ljan no ;:r FM^-U!2 R»4S 3.9> 4. 15 32.67 97.67 NOT-^ » S?’ (8) - \ ^3^ -c? ^x'-' X/ , 1 \ A/ ■A(7)a ,\ V. % \^>^A :^..x>5 <7.. (13)' >'v v\ .,mm.■^v / <> VAC DOC NO 379200 AsS- w^w r ■ r>\ (I) i ,K \ X • -• \■\ LV;?;r-Ns- s\>.V.-j^' NOTE: LOT A TONKAVIEW GARDENS' I \ / (3) ^./ /, rN X 4 X Xi..VC, X c% /% C^ (I) /:■ 4C0 ^nn CHIPPEWA lA BAYSES QFORi cm 0 ORC If IBTM EILEEN ST SCHBOnpc OR 5 TRAILS END CM !p,IUkc\iew!'-^ #!VY ^ ---T ft.. :•- • ••,. • .• ».t r' •- ' WEST BRANCH BO €•> . \ Stubbs * jV-^'Vn vv » ^ • -K/iy •• >-> •— ■ • T » ■ • • « • • _ •*'.• . • ^ ' *• ••..*. IvV K •- > I\ \ .V*.*. •- ••. t • '• •I V - * *.•• r./;t/33 ^ x :i * .'•'• •••. *••A V-%'■•.! V*\^'5•V-*..xr - *Nort, :• >.- *:• A ____-N^=...':.v;-A m *M sav v 0 vFor«f ,1 S“ . BRANDVIE wL\av E . ‘5\ y,v MSSlM g * N , ,5 3 ' / 7'->o 3 “ \g . --V ORONO^ Arm ■. *->' yl.;*! . r;. .■ ■■ .* ■ sV- . ■,'/ »/ j 5 Aa/Wort/ f«rt/ - • -r . •;.; ; ^ ?\ if. - rM7C13irKVl '.'I'y’ MIU Jrr!son ; > /J Crystal *•• • •-• I DEERTNO • «# h .ajrdco \i:r calculation worksheet 250-500' C. Driveway D. Sidewalk E. Pado/Deck F. Landscapem Underlain By Plastic G. Ocher • .1 • X X X •X .s \ f X X • X X X • • TOTAL HARDCOVER IN ZONE •TOTAL PROPERTY AREA IN ZONE ._______ + B X 100 rROTOSED HARDCnVFR TN ZONE A. House ’ X Length Vridth B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Ucderlaia By Piasdc C. Other X X X • X X X X X X X X X • A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA LN ZONE + B X 1CX3 500-1000' • • • ■ 0 SJ. <# MM ^0 S.F. Q S.F. m • .cs •S.F.- _ • •0 S.F.•• • • * •• • • 'O' « S.F. ^ S55 o S.F. *• • 0 •O -S.F. «S.F. .o S.F. *=-S.F. • o • • S.F. r\S.F. •S.F. ea o S.F. • ^S.F. -a S.F. *r)% 6=0 S.F. ss 0 S.F. .A S.F. o A S.F. BS c>S.F. ex • • . S.F. c=<v S.F. S3 O S.F. S.F. • s:r>S.F. =Cs S.F. S3 Cs S.F. S.F. S3 £S S.F. 83 rN S.F. S.F. m S.F.• • S3 o % f & lof^ A B A B SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONT-.--.. • A. House' /V • *. 'Sc HA?J)CO'V'ER CALCULATION WORKSHEET 250-500' Lens*Jx Width .• • • • • • B. Garage • • C. Driveway D. Sidewalk’ E. Patio/Deck F. Landscape Underlain By Plastic G. Other X • X. •X V • • .1 • X X X 1C ^ f X X • X X X • m TOTAL HARDCOVER IN ZONE •TOTAL PROPER rV AREA IN ZONE + B /<r¥oo X100 rROPu-->£ij Ka RDCQVER IN ZONE A. House X Length V-ldth B. Garage C. Driveway D. S;dewar< • • E. Patio/Dcck F. Landscape Ucdcrlah By Plastic G. Other X X X X X X X X X X X X • A TOTAL R^RDCOVER IN ZONE . ‘ . TOTAL PROPERTY AREA IN ZONE 7 Hi + B X ICO - 500-1000’^ctf5• ••••• «)7Z^• SJF. • • • S.F. •S.F. ..• • • • •• • N •■•S.F.- . • • S.F.• ^ • • • • • • •• 1 * • • • • 1 • • • =. •S.F. • «S.F. • •• • S.F. * . _ / / r?S.F. •y/o •S.F. S3.~^6>V S.F. • 4 •• • *=»S.F. S.F. . =S.F. S.F. • •:2S'3/S.F. A -S.F. B /S^'3Sc % /-yzD S.F. S.F. sr. S.F. S.F. ^ S.F. S.F. 3Zb //•> V/ -;z 6 - y S.F. S.F. S.F. • S.F. S.F. S.F. S.F. S.F. S.F. S.F. / K t % A B HARDCOVER CALCULATION WORKSHEET •b SZ73ACK ZONE: (CIRCLE ONE) 0-75’ 75-250' EXTSTTNG HARDCOVER T?vT TONT, - , . A. House *• y L«.T|th Wdth 500-1*000 •. * Length X X X • « Gr '■■M3 • • • SJ^. S.F. • , • • , , • * • - ...........• ... X • ; %•S.F. .• ••,•'• • • _• • X • • • • \ • , • •••S.F.' • • • . • B. parage x • « ■ /^r 1V%• •►Tf •'•C. Driveway • X ’ • • •y^o • • • S.F. _ X V ss S.F. D. SidewaEc’ ' ^ • . •• • .• • • •S.F. ' • a C3 •S.F. E. Pa'Jo/Deck x •• m •• • S.F.^lUZ— X ES -------------S.F. ^ F. Landscape * ' ‘ x " m• •• • • •• S.F. Underlain x B • •S.F. By Plasdc ' x . 8 S.F. G. Other ' x •« • S.F. TOTAL HARDCOVER IN ZONE • • •S.F. A TOTAL PROPER rv AREA LN ZONE -^/S’P S.F. B A -1- B /X ICO »7. PROPOSED HARDCOVER IN ZONE A. House X •.% • 5/S.F. S.F. S.F. S.F. B.Garage . 8 ^36 S.F. C.Driveway • • X . S F- X B /4y S.F. ■ ■ D.Sidewalk • • • • « . ? X • •' • • •Vo S.F. $X S.F.. E.Patio/Deck X • x=r • S.F. • •X S.F. F.Landscace * • * *• • X • • • B S.F. Underlain.X B S.F. By Plastic X B S.F. G.Other • X • • S.F. • • .• • • • TOTAL HARDCOVER* IN ZONE •• • m• • •-2/6 V S.F. TOTAL PROPERTY AREA LN ZONE •S.F. ••A -7.1 b«^-i- B (sn X 100 -'% A B L V. L •l. RUN DATE 04/21/99 HEra<EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH 601 PROP AODR OWNER NAME TAXPAYER 38 07-117>23 31 0001 04445 NORTH SHORE DR 6AYLE ERNEST Wimo 6AYLE E WITTIO NAHE/ADDR . 4445 NORTH SHORE DR MOUND HN 55364 38 07-117-23 31 0002 04455 NORTH SHORE DR 6RE60 D KLOHN 6RE6C KLOHN 4455 NORTH SHORE DR MOUND HN 55364 PROP ADDR- OWNER NAME TAXPAYER NAHE/ADDR 38 07-117-23 31 0004 04485 NORTH SHORE OR JOHN D 8 DEBRA M KNODEL JOHN D 8 DEBRA M KNODEL 4485 NORTH SHORE DR HOUND HN 55364 30 07-117-23 31 0005 04495 NORTH SHORE OR BARBARA J ANDERSON BARBARA J ANDERSON 4495 NORTH SHORE DR MOUND HN 55364 \ • PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 07-117-23 31 0010 04470 NORTH SHORE DR JOHN J 6R0TANS ET AL JOHN, ILZE 8 PETERIS OROTANS 4470 NORTH SHORE OR HOUND HN 55364 38 07-117-23 31 0013 04448 NORTH SHORE OR MURIEL 0 SENN MURIEL 0 SENN 4448 NORTH SHORE DR HOUND HN 55364 ‘ PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 07-117-23 31 0041 00038 ADDRESS PENDING . HENNEPIN FORFEITED LAND COUNTY OF HENNEPIN PUBLIC ROAD USE STATE DEED 891287 (5-19-51) 38 07-117-23 34 0003 04425 NORTH SHORE DR DANIEL J DICKEY ETAL NORMA J DICKEY 4425 NORTH SHORE OR HOUND HN 55364 PROP ADDR OWNER NANS TAXPAYER NAHE/ADDR TOTAL BATCH 501 00012 REPORT NO. PI435401 PAGE 11 38 07-117-23 31 0003 04465 NORTH SHORE DR J L THEISEN JR ET AL TRSTEES BARBARA A/JOHN L THEISEN JR 4465 NORTH SHORE DR HOUND HN 55364 38 07-117-23 31 0009 04480 NORTH SHORE OR JOHN J 6R0TANS JOHN J 6R0TANS 3200 29TH AGE N E MPLS HN 55418 38 07-117-23 31 0039 04460 NORTH SHORE DR D D DREWS 8 L K DREWS D D DREWS 8 L K DREWS 4460 NORTH SHORE OR MOUND MN 55364 • • 38 07-117-23 34 0004 04435 NORrri SHORE DR GORDON W LUNOHAN GORDON W LUNOHAN 4435 NORTH SHORE DR HOUND HN 55364 ff Ub* r/ • iO©o PERMIT RECORD T Permit No. "7^,3 (f fO Date - SB SL-i-r^lt f 7- i>l /0'/3- //-/^ 9l/ ’=/?fjU3^__^ //J75 .///.?7 4 • .^v . i .1 - . v*>' .• •; '• • TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:May 10,1999 SUBJECT: #2492 Rick and Gail Luzaich 2490 Old Beach Road After the Fact Variances and Conditional Use Permit-Public Hearing Zoning District: LR-IB Lot Area:55,215 One Family Lakeshore Residential District (1 Acre) square feet (1.27 acre)______________________ Application: The applicants request variance and conditional use permit approvals for lakeshore land alteration including grading and construction of retaming walls within 75' of the lakeshore and within a bluff impact zone; and further request after-the-fact approval, including approval of a restoration plan, for intensive vegetation removal within 75' of the shoreline and within a bluff impact zone. In early spring ihe property owners removed about twenty mature trees within both the 75' lakeshore setback, where no vegetation removal is allowed, and within the bluff impact zone. The applicants have provided a restoration plan that includes a series of retaining walls that will protect the bluff from erosion and provide planting areas. A number of perenmal plantings and small trees are proposed in the plan which will be located on the hillside between the retaining walls. Most of the vegetation located on the interior of the lot will be shrubs. The property edges will be lined with a series of Techny Arborviteas. The landscaping plan has not addressed the restoration of the type of trees removed or the restoration of trees on the interior of the property. The type of restoration proposed is not consistent with the surrounding properties nor is it consistent with what had existed on the property prior to removal. Basswoods, maples a:id oaks make up the shoreline and bluff regions along this portion of the lake. The applicant's landscape plan does not propose any natural tree replacement. The Comprehensive Plan addresses the issue of maintianing a natural appearance along lakeshore properties. The Plan states minimum green belts will be provided wth prohibitations against clearcutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes. Retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation. B2^92 Rick and Call Luzaich 2490 Old Beach Road After the Fact Variances and Conditional Use Permit S/1 7/99 Page I This application requires the following variances: 1. Section 10.22, Subd, 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover and Land Alteration Regulations: Within 75 feet of the shoreline (929.4') there shall be no excavating, filling, hardcover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hardcover. The proposed plan would increase the amount of hardcover in the 0-75’ setback from 200 s.f. (1.5%) to 4,120 s.f. (30%) to allow a series of retain walls along the bluff. The amount of hardcover would also increase by 405 s.f. within the 75-250' setback. 2. Section 10.22, Subdivision 3 and Section 10.56, Subdivision 16 (I) (1): Tree Removal Regulations: No live tree within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the City. Such permits shall be issued by the City staff provided that at least a like number of replacement trees of a size and nature found acceptable to the staff are planted, any question involving the number of trees to be replaced will require approval. 3. Section 10.56, Subdivision 16 (I) (2): Intensive Vegetation Clearing: Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming sununer, leaf-on conditions, is not substantially reduced. This application requires the following Conditional Use Permit: 1. Section 10.03, Subdivision 19: A Conditional Use Permit is required to allow the grading and placement of retaining walls within the lakeshore setback. Vegetation must be made available to adequately screen structures, including buildings and retaining walls, from public waters. The proposal will also change the natural grade within the 75’ lakeshore setback, requiring a Conditional Use Permit. (^2497 Rick and Gail Ltaalch 2490 Old Beach Road 4/ter the Fact Variances and Conditional Use Permit 5/17/99 Pogfl Pertinent Ordinances: • Section 10.22: Regulations for the Lakeshore Residential Zoning Districts • Section 10.22, Subd. 2; Allowed Hardcover • • • • . • ^ . • Sectionl0.56,Subd. l6(L)(l): Allowed Hardcover • Section 10.56: Shoreland Management ANALYSIS T.ot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140'75’10 ’35’ Hardco.Ygr Distance Total Area in Existing • ^ Allowed Proposed Variance from Shoreline Setback Hardcover Hardcover Hardcover Requested 0-75 ’13,690 s.f.200 s.f.none 4,120 s.f.none (1.5%)(0%)(30%) All the new proposed hardcover will result from the series of retaining walls being proposed for the slope. Structural Coverag e Total Lot Size Total Structural Coverage Percentage 55,215 s.f.5,920 s.f.10.7% The applicants are not proposing any structural alterations or additions on the property, §2492 Rick <u»d Call Lusalch 2490 Old Btaeh Road dfitr iht Fact FarloHctJ and Conditional Use Permit S/17/99 PagtS Attachments A B C D E F G H I J Application Location Map Plat Map Site Survey Landscape Plan Tree Removal Survey Grading Plan Hardcover Retaining Wall Plans Property Owners List §2492 Rick and Gail Luzaich 2490 Old Beach Road dfler the Fact VarUmets and Conditional Use Pirmlt 5/17/99 Pages mSM •]f»iir« HIST Jiijijiwuctrii ltl»JAT4t Mlltl MiTi! •mrai O ^ ^ • i ’1 FHEXC; ,rt.> ‘Tv Ufayen 5:>i":c:3 ountrvC uS "'>*• rV'^ntryC ub .'.V'v • •• ^ / V ir i.' .!) w. .* _•/ 0 />••->. * ••»• .. « « • ‘I — «F »• 1 — W• • * •• »» » .• i I s ••• • «k n. t* m •» a o ' «k M «« r» • f *■ <*« o •« •• •» — a» *« o A {T 1ST* f w a A A•- a -a A *• »A W A •- w •« rt -« ASA 3 «• A A r* A M A A n A n r« » »• ass m l I ss- r #* A ? •*a n —* A — ‘ M 8 A Ml A- tk. 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V . . v v* - * *• •• • “ .:;Vv * \ ‘ • .. •<' v-V » . • • • • ♦ * *•.. . ••* *. •Vvr'‘ . •••• .• '.■ RICK LUZAICH ' IN LOT 4, SHORE HILLS HENNEPIN COUNTY, MINNESOTA LAKE •••• • ♦ . j •• •/.•■, • • ■;MINNETONKA *.• •• 'J.*- ‘ •'-..•-■'••.I. . / • • • •'•'•• r ■• • ■ ’ • ■ .......... .- •. •• • •* • *"•'vi v **•.%**•.* * • • '•- '•. • •• •..,j •• • .• I . • • r - * *• -V.1.V-: ;... ■ ' CUM* cr ^X CUM* cr " H ^ ' % ^ (»«< >1 ^. ■■■ O V » \ v| • . » •• ;L • . •.•>.• I .\. •V*.- A X • ,«.>, . '.^6V V. '.,^v ; V SSS^'s' '' '*^ ”*^9 '' 'n ' k ' X. X 'n. • V •/r«* ^• •• •• . •r* * • * J ■ * ■ •.*. ‘*1I* 0 .*--»** e % • * I* « I*. ’ r •'*. |r **1, • v« V :. 1* *4f* .1* •••!. V- ‘.A SSi V ' »»v«* K iw-« • (*«v. s . x^!5^ . ''' \ \ «• *.« A •7 " 'V X N?35;.''.; x'xsssL x'x""S{2r*i:- 'x — • 058 •••'• **•*"%**• '*Si ^ ^ _x--— HAflC tnMP sn«r \ \ • •••' jv--.. >•..■• ••• li I ;•••.•• . •• • I • *■964. • •« • . /'"r* . j * • . ’ .••/ .• . I V' . • • •• ’ j *.* • . • * ‘• *..• I**.** •; . . / IL .. I • •^ X. I » • ' . .. . • . ! ? *' 1 (06^) : d«>oUs existing spot elevolioix meon sao Wvet dolum 972-* •• : denotes existing contour line, meon seo level dotum •A • • '•j • ■•iPCCWO :v'|: liBo-, COFM & GS0N6EE6, INC. i-oicu.no oocER^ UK) amcrax snc pumcb 482 TAIURACX AVDtC, LONB LAIC, IH SS3M 812-473-414) I icww cCTTrY imr ms pum . tKcrcATON, or RirairWAS mWAMtO »r IC OR UNOCR wr ORCCT S«mVBKM AM) rxAT I AW A M,r uct»oco mornsoNAi Ddcn ami law MvtTOR (ICR K u*s or nc sun or HMCsorA r-20« OATt 7... m uCoae JLAZ££2. JOB 88-142 HARDCOVER CALCULATION WORKSHEET R LuTaich Property 2490 Old Beach Road Orono, Minnesota 55391 April 20,1999 EXISTING: Set Back Zone:O’ - 75'• •. A CMU Stairway 1.5 Ft X 40 Ft 60 Sq Ft B Total Property in Zone Computer Measured 13,690 Sq Ft t * Percentage 0.45 Set Back Zone: 75' - 250' • • A CMU Stairway 1.5 Ftx25Ft 40 Sq Ft A Concrete Patio Computer Measured 885 Sq Ft A House/ Garage Computer Measured 4,795 Sq Ft I-.'A Sport Court 25 Ft X 45 Ft 1,125 SqFt A Concrete Driveway Computer Measured 1,960 SqFt i ■ A Concrete Walk/ Porch Computer Measured 120 Sq Ft • ^ A Total Hard Cover in Zone Computer Measured 8,925 Sq Ft *• • B • Total Property in Zone Computer Measured 41,525 SqFt Percentage 21.5 ko NOTES: t> > > > * KEYSIDISE j£T AJNl.\G WALLSYSTEJUS ^ GRAVliyWAlLSCHEMAIlC I SETBACK/BATTER KEYSTONE UNITS. WALL HEIGHT ilNISHEO GRADE /ofZ BACKSLOPE OR SURCHARGE pW / / LOW PERMEABILfTY SOIL / I (RETAINED SOIL ZONE^ ■r-P;* *rjS55T EMBEDMENT ^Wv;WoV /UNIT CORE FILL LIMIT OF EXCAVATION LEVELING PAD IIX DRAINAGE COLLECTION PIPE (IF REQUIRED) Wall Height (H) is the total height from top to bottom. Minimum wall embedment is 6* (150mm) or Height^O. Subsurface soils must be capable of supporting wall system. Unit core fill is 3/4" (20mm) clean crushed stone. Leveling pad is crushed stone base material. All backfill materials are compacted to 95% max. density. Finished grade must provide positive drainage. pins tottl^LToSgeoS^ location and length of geogrid as measured (torn the connection V'-r' m y >. . Y''-; J•• • • • 4/ * * Vv \Y J 3 i € I .Tir* V t Sf^nm. tx, tnt m r* 0 aa&nu^ffia K««nni ra^ wM •« r« wh^ art lUTMd fnf 0 tv ^ tw iM ari • aarrtr uM art M M « r« uatr l»ueu« ang ar JtM •Aal to I, a € mr Kmroac rtamc wau mm tc 1 mmsm RETAINi:%G W/UJL SYSTEAiS ; }i. i- M. / i 1. l. i a . ' I » -«»- - _ .• • .«*■•*••«»«*•••• • • . • • « ' ■ ' ’ " ■■■ h \ma APPLICAIIONS 2 of 'iS®Ht*H2 u If^. • .C' •• -A •? 0. '>-s .i' f—— '•;■.• •“ •;'r L FOH APPLICATIONS WHERE THIS SLOPE IS GREATER THAN 1:1 CONSULTAQUAUFIEO ENGINEER TO DETERMINE THE CORRECT DESIGN SaURON. 2 X HI (MINIMUM) MINIMUM SPACING OF TERRACED WALLS TO ALLOW DESIGN AS INDIVIDUAL GRAVITY WALLS. •> > •o' D ; I> TYPICAL DESIGN OF CLOSELY SPACED TERRACED WALLS WITH GEOGRID REINFORCEMENT. GEOGRID DESIGN TO MEET REOUIREMENTS FOR UPPER V/Aa NEEDS ONLY.------------- » upper walls. QUESTION: How lar apart do the terrace walls have to be to perform as Individual gravity walls? ANSWER: As a rule of thumb, the minimum distance between the wall terraces must be at least equal to twice the height of the lower wall. E^MPLE: If the lov/er gravity wall is 5 feel (1 .5m) tall, then the minimum recommended spacing between terraces is 10 feet (3m). This rule also applies to walls with more than bvo terraces. The distance between any two terraces must be at least equal to bvice the height of the lower adjacent terrace v/all. Note; This simple ;'jle ol thumb does not address global stability where walls are built on steep slopes Of over poor soils of low fnccon stre.ngth. If these conditions exist, then contact your local Keystone representative or a local engineer. QUESTION: What if there isn’t enough room to space the terraces according to this rule? (2 x HI MIN.) ANSWER: The wall can still be built, but the effect of the upper terrace on the lower terrace and overall stability must be taken into account when designing the wall(s). When the terraces are close together, the design analysis may model the structure as a single taller wall to account for the added load from the upper terrace wall on the lower wall(s). IFSETBAC<<IS<H1 GRID DESIGN LENGTH - HI ♦ H2 f.' . A A* •••*'*'* V» T**‘*. • •• •_ •• • «.**»« *. * *« *,*» *. V rji u Sf • rgrm C t«.- kiysxM Sr*An^«joen VrffMcs • (fta • ill® RUN DATE 04/15/99 batch' 501 PROP ADDR OWNER NAME TAXPAYER NANE/AOOR L PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR L PROP ADDR OWNER NANE TAXPAYER •NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR L. L PROP ADDR OWNER NAHE ' TAXPAYER NAHE/ADDR L ! W HENNEPIN COUNTY PROPERTY ZNFORHATION SYSTEH PROPERTY OWNERS LIST 38 21-117-23 21 0004 02665 HAPLERID6E LA . C H'SHOOT III f C A SHOOT CHARLES P CECILIA SHOOT XZZ 2665 HAPLE RIOCE LA EXCELSIOR HN 55331 38 21-117-23 22 0004 02480 OLD BEACH RD ROBERT W HACOONALD ROBERT W HACOONALD 2480 OLD BEACH RD WAYZATA HN. 55391 .38 21-117-23 22 0007 02510 OLD BEACH RD KEITH 0 OLSON ETAL KEITH 6 OLSON 2510 OLD BEACH ROAD WAYZATA HN 55391 , 38 21-117-23 22 0010 02560 OLD BEACH RD JAHES R KREY JAHES R KREY 2560 OLD BEACH RD • WAYZATA HN 55391 38 21-117-23 22 0019 02535 OLD BEACH RD T H 8 A A CODUTE THOHAS H 8 ALICIA A CODUTE 2535 OLD BEACH RD WAYZATA fW 55391 3{J 21-117-23 21 0005 02605 HAPLERIDGE LA ERIC H PAULSON ERIC H PAULSON « 2605 HAPLE RIDGE LA EXCELSIOR HN 55331 38 21-117-23 22 0005 02490 OLD DEACH RD S B 8 D L LZEFSCHULTZ GAIL L LUZAICH 2490 OLD BEACH RD WAYZATA HN 55391 38 21-117-23 22 0008 02530 OLD BEACH RD LAUREL PARTRIDGE-STAUBLY LAUREL PARTRIDGE-STAUBLY 2530 OLD BEACH RD WAYZATA HN 55391 38 21-117-23 22 0017 02455 OLD DEACH RD L LUNDQUZST 8 0 LUNOQUIST LARRY 8 DONNA HAE LUNOQUIST 2455 OLD BEACH RD WAYZATA HN 55391 38 21-117-23 22 0020 02585 OLD BEACH RD ALISTAIR 0 JACQUES ALISTAIR D JACQUES 2585 OLD BEACH RD WAYZATA HN 55391 REPORT NO. PI435401 PAGE 1 • 38 21-117-23 22 0003 02440 OLD BEACH RD L A BARBETTA 8 J K BARDETTA LAWRENCE A BARDETTA 2440 OLD DEACH RD WAYZATA HN 55391 38 21-117-23 22 0006 02496 OLD BEACH RD 6 K CARLSON 8 D H CARLSON- GERALD K 8 DIANE CARLSON 2496 OLD BEACH RD WAYZATA HN 55391 - 38 21-117-23 22 0009 02540 OLD BEACH RD D H SCHNEIDER 8 H H LEAF D H SCHNEIDER 8 H H LEAF 2540 OLD BEACH RD WAYZATA HN 55391 38 21-117-23 22 0018' 02505 OLD BEACH RD K D SHERHAN 8 J D SHERHAN KIRK D/JACQUELINE D SHERHAN 2505 OLD BEACH RD WAYZATA HN 55391 TOTAL BATCH 501 00014 L TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: SUBJECT: May 10.1999 #2493 Katherine Taylor’s Homes, Inc. 692 Tonkawa Road VarianceS"Public Hearing ________ Zoning District: LR-1B One Family Lakeshore Residentid District (1 Acre) Lot Area:15,883.8 square feet (.36 acre) Application: The applicant has requested several variances to construct a two car garage where a one car garage exists, and attach a deck to the second garage on the property. The property is served with two garages, the first is a one stall detached located on Tonkawa Road and the second is a two car garage attached to the house. This application requires the following variances: 1. 2. Section 10.22, Subd. 2 and Section iO.56, Subd. 16 (L)(2): To allow 4,765.2 s.f. (49.7%) of hardcover in the 75-250’ lakeshore setback, where 4,765.2 s.f. (49.7%) exists and 2,397 s.f (25®/o) is allowed, to permit the addition of 6.6’ by 23.6' deck and spiral staircase to be constructed above the existing two car attached garage. The hardcover will not increase because the deck will be located over existing hardcover (driveway in front of the garage). However this does warrant a variance due to the site plan would be changed and the deck intensifies the hardcover on the lot. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): To allow 1,756 s.f. (70.2%) of hardcover in the 250-500’ lakeshore setback, where 1,063 s.f (42.5%) exists and 750 s.f (30%) is allow ed, to permit the construction of a two stall detached garage 30' from the right of-w ay and 10' from the side lot line. The garage would replace the existing one stall garage located 10’ from Tonkawa Road. The applicant has stated they would construct a second stall on the existing garage rather than building a new garage. This option would require setback variances. Option A - New two stall detached garage Option B - Add a second stall to the existing detached garage §2493 Kaihirtm Taylor's Homes 692 Tonkayfa Road Variances 5/17/99 Page I ANALYSIS Lot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140’75'10’35* Proposed 15,883.8 s.f.51'NA 10'30’ Hardcove r Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'3,796 s.f.259.2 s.f (6.8%) none (0%) 259.2 s.f (6.8%) none 75-250'9,587.8 s.f.4,765.2 s.f (49.7%) 2,397 s.f (25%) 4,765.2 s.f (49.7%) To permit a change in hardcover 250-500' Option A 2,500 s.f.1,063 s.f (42.5%) 750 s.f (30%) 1,756 s.f (70.2%) To permit additional hardcover 250-500’ Option B 2,500 s.f.1,063 s.f (42.5%) 750 s.f (30%) 1,323 s.f (52.9%) To permit additional hardcover Structural Coverage 92493 Kathtrlnt Taylor’s Homes 692 Tonka\va Road Variances 5/17/99 Page 3 Total Lot Size Total Structural Coverage Percentage 15,883.8 s.f Existing: 2,230.6 s.f 14.0% Proposed A: 2,764.6 s.f 17.4% Proposed B: 2,607 6 s.f 16.4% li The additional structural lot coverage for A is from the following: New deck = 157 s.f. New garage = 572 s.f. Removal of the existing one stall garage = 195 s.f. The additional structural lot coverage for B is from the following: New deck = 157 s.f. Expanded garage = 220 s.f. STATEMENT OF HARDSHIP The applicant has included a letter of proposal included as Exhibit B. The applicant should also be asked for his testimony regarding this issue. Issues 1. 2. 3. The residence does not have a basement, the applicants are requesting additional storage space. The applicant is requesting the expansion of a one car detached garage within the setbacks established on the property and the addition of a deck on the rear of the house. The deck is additional structure and intensifres the amount of hardcover, however it is placed above existing hardcover. The applicant has proposed two options (A and B) for a two car detached garage. Option A is for a garage that meets the side yard setback requirement and moves the structure 30' from the right-of-way. This option creates more hardcover and structure than option B. Option B has added an additional stall to an existing non-conforming structure. RECOMMENDATION Staff is recommending denial of the application for additional structure for the garage. The lot would be developed beyond the 15% allowed for this lot. Staff is recommending approval of the variance for the deck above the attached garage. The hardcover will not increase and the structure will meet the required 10' side yard setback for the zoning district, and it will provide access to a sliding glass door being located on the second floor. 92493 Kathirlne Tay!or*s Homes 692 Tonkawa Road Variancts 3/17/99 Page 6 Attachments A B C D E F G H I J K L M N O P Q Application Letter of Request/Hardship Statement Existing Site Survey Proposed Garage Addition - Option A Elevation View - Option A Dimensions - Option A Proposed Garage Addition - Option B Elevation View - Option B Dimensions - Option B Hardcover - 250-500' - Option A Hardcover - 250-500' - Option B Elevation View for Deck Addition Elevation View for Deck Addition (Side) Property Owners List Site Topography Location Map Plat Map U2491 Kathiring Taylor*s Homgs 692 Tonkawa Road Varianees 5/J7/99 Page 5 A Application # ^ M ^ 3 Date Received »/^21~- ^ Amount Paid '7.^0^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 . , ($50.00 per each additional variance) . Renewal Variance Fee $150.00 (no change from ori^nal application) Variance for non-confonning structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION She Address 2.« Property Identification Number fP.I.D.l 1ST Attach legal description to application if not included on required survey. Date Property Acquired___________________________________________(mont ^^^ei^ I (do) (do not ) also own the adjacent parcels of land. Present use of property: U^residential ___pother (specify)______________________ Zoning District: __________________________________________________________ APPLICANT Phone (home)_________________ Name • Phone(work ) Ar\^\\(e^_____ Address: CePQy>^ Pgt *2J^ __ City: MgCTrAA Zip: OWNER (if different than applicant) Name Address: 2- Ho Phone (home) 4^. I — Phone (work ) ^C\ i_______ City:Zip: DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $______________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcoyer Lot Coyerage ^ ««4< Setback:Front Side Rear H '•Ayerage Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preyenting compliance with Zoning Code requirements: - ^$>66 ______:_______ _ x; (attach additional sheets if necessary) \ # • /' . t ^ /• • ^ <• '/ ./ / . •.^,. I . — B. •' \ *• • * t — •>.KpEEE#noKS /y * .. • • *r 'VERi DISTINCTIVE HOMES ^ • : ' 4/?!/^^- ■ ; , , V- - . ■ • -• '•TVis R5?^ TWe gxn^ ph^kvatAi/ vA,rtw>rt >T ecrm^ T^ '<ser uf iM -ms IMllJTBf- T>^®* ^ >HC<nha^^P- IN T«s WWK.Y 0|4P6t2-‘5'n^.“^^ ^ ci/\ - W <J ■ ^ n- rv-> X. . •*. ' % %l \d *oy*^ !Catlieriii£ Tailor's Wmm 66iCotxtySU»aU Mofiu.MN SiM6 Cory Miskowic Office (6J2) 473-J160 Pagts (6i2) 90$-7m [one (612) 534-9965 r«x(612)473-3-l K atherine Taylor ’S H omes ; iNc; . , •l 665.Coont7 Roid 24 »:« Medini, Minntioti H356 »:* 612-475-1 I60 >:« Eai 6 1 2 -4 73 -34 1 4 MS Coitfici«f*i liccaic M"JS 83^ 8 *• s'?? 5 tfSi °8^3: &R' < ^ &§ <; U}t»io w {f N I 9 (» I <o b &a I I o S C3 3o « N id In < S> B ? I § I Oi 0r 01 s 1* 0 1 S f 1IIoo 00 %1 r vn 8.798PurceJ Area In Zone%g! 1 1 C (ar®ro • 1 189,je ' 1 b NIV,tJ 1 ^Ol ■4* (4 1 1 1 2Q7A1 Concrete j1 u<ofw f A t3 fO#%vDf• A wi t Oi ir • •e;t A M 1 ^Ol=>?to f« M 2 5- S <0 o 5* & 3 5- fe:o <• o 0| ^ 1 01 S’ ^ c<0c s ^b r% » ® o2 B !L ssr s*^ o c S #2493 % A** \-U CfisVvoo // ;•] ff ^ "“tK‘ V-^-r ^ 1 r 1 1 L ...1 1 r 1 1 1 1 1 / /.. V;: < • *%/ ir.- % is cl^ (4^ PU6H-McCreight Residence (Option A)KATHY TAYLOR KATHERINE TAYLOR ’S HOMES, INC 1665 COUNTY ROAD 24 MEDINA, MN 55356 612-475-1160 h-2 ‘10-^-——------6'--------—Hz—; 1 ----^6*-------*51 U o-O- 1 x\w\\\\ Jl. X m 5‘t’ o Cl 'o>ni o^Z X H o i I ^ \i I I I^\\\\\\\\\\\\\\\\\\\X\'\\\\\\\\\^K\\V^\\\^SS^^XVo^ I J22* M 0? cTIa (n? I ^ // {' ’»'i •> f :h' Jy ■'' '•.» / • V •::vy i rv;. / y; ;v N. \y \ \\>x X Ijr^ y' "~T ------z-- 1 1 —1 1 :- —_1 - —1 — — —1 1 • • —1 — • —3 —• \ PUC'H-McCrsight Residence (Caption B) KATHY TAYLOR KATHERINE TAYLOR ’S HOMES, INr 1665 COUNTY ROAD 24 MEDINA, MN 55356 612-475-1160 i Katherine T aylor Homes (OPTION B) Proposed Oaraye Addition for the PUr?H- McOREIOHT Residence 6^2 Tonkaoia Rd. Orono *• JL SETBACK ZONE; (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A. House HARDCOVER CALCULATION WORKS55ET 75-250’ ^0-500) 500-1000 Length Width X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other •t lo.g>. X X X X X X X X X 1^ & A A PROPOSED HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway D. Sidesvalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other •Z-C#.<1*2. '22. X X X X X X X X X I (p TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE^^__ - B *2^^ SB s: TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE lofcj3 + B 9£fOO X 100 + B _______ X 100 \0(o^ 42^ ^'7'Z- 5^0 3^2- 2.^ X 100 no .3 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 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. k K\ V if. / •I --------------•' i *i S.F. S.F. A S.F. B SETBACK ZONE: (CIRCLE ONE) 0-75 EXISTING HARDCOVER IN ZONE A. House HARDCOVER CALCULATION WORKSpipFJ 75-250’ Q50-500) 500-1000' Length Width X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other \ lo.^. Ab X X X X X X X X X 2l A A PROPOSED HARDCOVER IN ZONE A. House X Length Width X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck to 4«> T2: F. Landscape ____ Underlain __ By Plastic X X X X X X X X X 12. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA FN ZONE _ - B TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ + B X 100 + B _ _ _ __ X 100 _ _ _ _ _ _ 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.1 1CO•\0(o^S.F.A '2.CpC>G S.F.B % % • S.F. •S.F. S.F. S.F. S.F. S.F. fV . . . S.F. S.F.*.v S.F. S.F.Q ^ti.5 S.F. S.F. S.F. S.F. S.F. S.F.A S.F.B 5^% . I 7 fJV5R?5ep PtHHAgl*- ^ f ^5rtr4ae^ 13f» m^-r ;h m fr* IIIHI IWiaifMIHIMIHI lllllililililll r ei CPE.-.E,L£V/nT I <i?N RUN DATE 04/1A/99 • • BATCH 511 PROP AODR OWNER NAHE TAXPAYER NAHE/AOOR PROP AODR OWNER NAHE TAXPAYER NAHE/AOOR PROP AODR OWNER NAHE TAXPAYER NAHE/AOOR HEmEPZN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 50 05-117-23 S3 0010 OOMO TONKAWA RO HELINOA LEE HELINOA LEE MO TCMKAWA RO LONG LAKE HN 55356 30 05-117-23 S3 0013 00692 TONKAWA RO BARBARA PUGH BARBARA PUGH 692 TONKAWA RO LONG LAKE HN 55356 SO 05-117-23 33 0019 00645 TONKAWA RO TEMPLE ISRAEL OF MINNEAPOLIS TEMPLE ISRAEL OF MINNEAPOLIS 2324 EMERSON AVE S HPLS HN 55405 REPORT NO.' PI435401 PAGE 37 30 05-117-23 33 0011 00684' TONKAWA RO J P 0 K A ROESLER JOHN P 0 KRISTI A ROESLER 604 ‘.'ONKAWA RO LONG LAKE NN 55356 30 05-117-23 33 0012 00690 TONKAWA RO M S BRADLEY AON BRADLEY MICHAEL S t OLIVIA H BRADLEY 690 TONKAWA RO LONG LAKE HN 55356 30 05-117-23 33 007.4 00700 TONKAWA RO T H SPOONER C J H SI'OONER TED H SPOONER 10005 SUMAC CIR. EOEN PRAIRIE HN 55347 30 05-117-23 33 0015 00712 TONKAWA RO THOMAS P GOODYEAR THOMAS P GOODYEAR 712 TONKAWA RO LONG LAKE HN 55356 30 05-117-23 34 000:> 00720 TONKAWA RO P J MIDDLETON ET AL P J I K J MIDDLETON 720 TONKAWA RO LONG LAKE HN 55356 TOTAL BATCH 511 OOOOO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROIERTY TAXATION/ TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE • ^ _ _ _ -f 4 • W«t«r 929.6 400 CIM. curse'fiT^ f •5 .-S' V »■ C^ :*V: :'^5lS<»» etaiSS!- 3 •••••••••• r § ^ ■••j «^ * • A X^* -^ ' .rvJ: ‘^torest ^OAHt R0^:v 2AT k' -v V.* .-<-' Line • « • • •• « cic >ar ,. >•. • ' .. ^—-'\ * ' X ^ ORONO?- Arm RING ‘••'•^y -••n 'SUND ,. ........... Fagemess Point WATH \ 8CC • f -v jV i.-r ?s fe:- >5? ; ^V-4f q . , . . ^-. ; ; ^.. ; •- .JIOHUS • :•' ■■ ‘.w*T ' * > •.••.•-: v .XU ‘ i- . -\ _-■ V NGtSSS**to tiPimiK cam SNOAfUNE o O CO Cl ?l=l"l240 aminnetonio ^ b ^ch a ;y^-'iC.^L-afoyetteB TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:May 10,1999 SUBJECT: #2494 Dan Andersen 2885 Little Orchard Way Variance-Public Hearing Zoning District: Lot Area: RR-IB 2.0 acres One Family Rural Residential District (2 Acre) Application: The applicant has requested a variance for an undeveloped lot within the recently approved Little Orchard Addition. When the subdivision was approved a stable remained on the lot located near the front yard setback line and encroaching into the required 30' side yard setback. It was the subdivider's intent the building be removed, however the applicant has requested the stable be moved to a conforming location on the lot. The building would be moved away from Little Orchard Way to the rear of the lot meeting all required yard setbacks. Setbacks were applied as regulated in the Zoning Code, 30' for side yards and 50' for tront and rear yards. Because the lot is located at the end of a cul-de-sac the lot has five sides. The front yard was determined to be that portion of the lot adjacent to the cul-de-sac (Little Orchard Way). The side yards are the south and eastern lot lipes, and the lot has two identified rear lot lines. The applicant has requested the City allow the west property line to be identified as a side lot line to allow a 30’ setback rather than 50' as required for rear yards. This application requires the following approvals: 1. 2. Variance from Section 10.03, Subdivision 9 (A) Accessory Buildings: States accessory buildings are not allowed to exist on a lot without a principal building. The property ovsners will move the existing stable to the rear of the lot from its non-conforming location. Establishing a 30' side yard setback for the west property line. The Little Orchard Addition defined this property line as a rear lot line requiring a 50' setback. U2494 Dan Anders*n 2385 Little Orchard IVay Var lance 5/17/99 Page I Lot Area and Yards ANALYSIS in the lained : yard nested r from RR-IB (2 acre) Lot Area Lot Width Side Yard Street/Rear Yard Required 2 ac.200’30’50 ’ Existing 2 ac.\1T NA NA The lot was granted a variance for lot width as part of the subdivision approval. A building permit can be issued without Planning Commission and City Council approval should the plan conform to requirements of the Zoning Chapter, except lot width. ANALYSIS id rear rd was le side plicant AT a 30 ’ Variance :essory owners i. iddition STATEMENT OF HARDSHIP The applicant has included his statement of hardship and description of request as Exhibit B. The applicant should also be asked for his testimony regarding this issue. Accessory Building (Stable) The building to remain on the property has been located on the site for a long period of time. It is a non-conforming structure as a result of the location of the building within the required side yard setback. Relocation of the stable to the rear of the property will place it within the building envelope. It also moves the structure away from Little Orchard Way to the rear of the property where an accessory building normally is constructed. Code requires principal buildings be located closer to the front lot line than accessory buildings. Relocating the stable to the rear of the property al low's the lot to open for construction of a residence. The stable is located only 62' from the front lot line. ^ variance would be required to construct a house behind the accessory building because accessory buildings can not be located closer to the front lot line than the principal building (Section 10.03, Subdivision 9 (D). Dan Andersen 2835 Little Orchard Way Variance 3/17/99 Page! The stable is 1,152 s.f. Any accessory building over 1,000 s.f. is considered for zoning purposes an oversized accessory building and is subject to the following: In all "R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1.Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet. 2. Oversized Accessory Structures are regulated by the following table: Lot Area 2.00-3.00 acre Maximum Individual Accessory' Structure Footprint Area 1,200 s.f. Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property 2,400 s.f. 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The ma.ximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c)Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. U2494 Dan Andersen 2S3S Little Orchard IVay Parlance 5/17/99 Page 3 ;s an :that ions: \ any ire of s: area all be )n the from icture :fmed sless. ;s and n a lot e time ; order essorv' ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Property Setback The applicant has requested the subdivision approval be amended to allow a rear yard to be reclassified as a side yard. The property line in dispute is the west line. Building a house with the rear of the house facing west would result in the activities associated most with a back yard being located in what may become a side yard in the future for a property owner to the west. Back yards function differently than side yards for "family activities". Staff is comfortable with the proposal if the property owners agree to a condition a house will be built with the rear of the house being oriented to the north. Therefore the west property line will serve as a side y^d. A second condition would be to extend the front yard setback to 50' along the entire south lot line since it will serve as a front yard. If the Planning Commission agrees Staff recommends the final Resolution recognize this as a building standard to be met by present and future property owners. Issues for Discussion 1 . When the Little Orchard Addition was approved it was the City's understanding the stable and other outbuildings within the subdivision would be removed. The stable is an asset to the property and the ovvners wish to keep the building, but are subject to movirig the structure and placing a restrictive covenant over the lot for an oversized accessory building. 2. Is it the City's position the west property line should ser>/e as a side yard? 3. A Condition of reclassifying the property line should be that the residence must be oriented not to use that portion of the property as the "rear yard'. It would make sense to construct a residence facing the south. U2494 Dan Andersen 2885 Little Orchard Way Variance 5/17/99 Page 4 STAFF RECOMMENDATION Staff recommends approval of the variance to permit an accessory simctui'e to remain on the property subject to the condition it is located as shown on the survey/site plan dated July 9, 1998 (#2494) on file with the City of Orono, and the property owners file a covenant on the title for the oversized accessory building with the conditions noted in the Staff Report. Staff recommends approval of the request to amend the Little Orchard plat to reclassify the west property line from a rear yard to a side yard based on the condition a house is constructed on the lot that wll not orient a back yard to the west protecting the property to the west, and the front yard classification be extended to include the entire southern property line. Attachments A B C D E F G Application Statement of Hardship Location Map Plat Map Plat of Little Orchard Sur\*ey/Site Plan Property Owners List H2494 Dan Andersin 2885 Little Orchard May Variance 5/17/99 Page 5 A trr.-MaA €r«iHu riTiTi iTiTi rfr^tvt t]fl4f1 ^JWll hnmifii RittutfiWiWiMllW lUlfti TSfTSTOnl* RltiMirUK][tliWllfWJ rtriiuit \ \ r\Application # Date Received Amount Paid ^ oO — APPUCATIONcmr OF ORONO - y InitiaLApplic^ion Fee ($50.00 p5 )each additional variance) .enewarVariance Fee $150.00 (no change from original application) Variance for non-conforming structures ‘ $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION . . She Addreg gfegr Property Identification Number IP.I.D.I 7^2./ — ocrpT A ^ ^ _• _____________________________ t.{ I • •• .• • Attach legal description to application if not included on required survey. Date Property Acquired_j^^^^B^Blfc<P ^ ^-------------- I f3o^ (clo not) also ov/n the adjacent parcels of land. (month/year) Present use of property: residential___other (specify). Zoning District:_________ _________ APPLICANT OWNER (if different than applicant) Name ________ Phonefhome") _____ ^erxJ _____ Phonerwork) City: Zip:. n ^ 1 ■H Phone (home). Phone (work). Address:City:Zip:.f 'a j Estimated Construction Cost SDESCRIPTION OF REQUEST Describe request in detail: 'T^ 1 n T-TIT?.' . I (attach additional sheets if necessary) H.VARIANCES REQUIRED Lot Area . Setback: ___Lot Width Front Side Hardcover Rear Lot Coverage ^ Average Lakesnore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: -----------— ____________________________________________________________________________________________________________ lartach additional sheets if necessary) NCO ^ ■ -MJ ^ CONSTRUCTION CO. INC. M *t •• iT^ •• % ;% V **-• ^ * *%*••* «^ •-« ^ 0^ •* ^ 2^ .* . ^ m 9 m • 0 ^ ^ m ^ ^ mi Design 3uiidlr.2, :inil L-and Planningr> H3.C2;V5D MAY 0 4-1999 CiTYO.-CnO.X'O May 4,1999 Paul Weinberger 2750 Kelly Parkway Crystal Bay, Mn 55323-0066 RE: Zoning Application Dear Paul I received your letter on April 27 1999, the reason for this request is to define the set backs on lot 3. As it shows the city of Orono has given me three back yards. The w'ay the lot sits the north is the back, the east and west are the sides, and the south is the front. Given this information as 1 have discussed with Mike Gaffron this request seems to be quite reasonable. The name of the legal owner which I represent is Scott and Jackie Jagodzinski 7320 Hillsdale court Chanhassen Mn, 55317 The request is not based on the location of the stable. It is based on the fact that I have three back yards. It is very important that the house sits on the lot correctly. And the front of the house does not look into the side of the house on lot 2. Also the new’ location of the stable does not hinge on any set back, this request is merely to fi.x what could be a mess at a later date, as the developer of this land the city of Orono and my self have gone to great lengths to insure that this project sets an example on how' projects in Orono should be done. I have included all the labels needed for this project. Please call me if yoy,would like to discuss this over the phone. Thanks for your help. Sincere! Dan Andersen 6 i*^-3o9-3700* PAX; 612-539-3800 •- f •' * * * • .•>-». ^ />.. •x .>*l • . %• • -• v*j • \ •'{ sVA-. i- ui/v >: .r ..\ *•• ;... r; •-.. •/.•, 7\ V ■■ 'i. \ r.* V • •• •vv:** * *.• V - •• ^ • • •% LITTLE ORCHARD ffon/* •»# «/ Ici 7 •fS4tUot*is. 9LC C«maf #/ t«r 7 0i Sttiet% $, #17, 7^;# 7Jl Hm>ittp3n Countji y3wt«i«r« •| JJ I [ • K- ♦ 4#2co /? r?5/»<>; ' _ _ ^ ->crr—rfF; ih*9$ p^et^t miV% l/l« HmV* Alt •/ Ctt*» t«| 7 C\#tftl A If* tts 9t*uttf l§ m fllreMi#ft or*tf UtHf ftt«M««nL 0AAM4CT A\o ao/rr tAXyptrs mc smo »n thm$ 1 1 1 1 1 s 1J 1111111____11 ffi>g t§f* fttt k* «rVii W iM A*tt, (Wtff tt-itr#.'!# af*9^ W /ttf if* ml4U* 0f*4 Hph*ir*f L0t Aitik IKifMt *I^Wft i*Pk9t0^ 9f* tA§ 0t9t W#lt • l>« 9f C9wt i»t 7, r. V7, ». 7X it tn*^9P !• |t%r MTTVO'OOX. 0 f/7 tM* • ^0f* ff*mi*^tm0fti ^uf*4 Q t#tf >«•w *Hc#xa* -w • CERTIFICATE OF SURVEY 6K\6*^r«i^ PROPERTY DESCRIPTION: Lot 3. Block 1, UTTIE ORCHARD. Honnepin County. MInnosoto occofding to tho record plot thereof I C«nily Umt Ihit turv«y. pie*., or rtpoft «ot pftportd by m# or my dSrtcl luporv-tion thot I em o duly e«9*tUf«d Lo««d S^«rvfyor wftdor tK« lovs O# IH« Sloto ol Urfw^ototo. d /‘•/rn Cdword OeU.J J/Ollo ^ Lortd Sijrveyof e^. No. 14343 '^Denotes proposed contour Denotes existing contour Denotes building setbock line — Denotes drainage ic utDIty easement • dfAolft Iron monumortt fou««d O doneltf Iron pip# tot end ^ morliod R.LS.T io. 14343 i ^ ddnotes toM boring O donoltt porco<o(*on Utl holo Requested By: ANCO CONSTRUCTION ClD. INC. Dote:Drown By:Scole:Checked By: 7/9/98 C.R.F.g11■•socurrs e/gloMTf ood iw ionoyorr. tm • vttt OlvUioA Soffolo m, MSU Pn: Ul-mr fax: eia-saa Hcviscd: Job No. 97503-3 RUN DATE OA/29/99 HEraiEPZN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH DOS PROP AODR OWNER NAME TAXPAYER NAME/ADDR SS 09-117-23 21 0001 00825 OLD CRYSTAL BAY RD S J H 8 E J DAYTON JUDSON H DAYTON TCP TOWER R860 MPLS HN 55402 PROP AODR OWNER NAME TAXPAYER NAHE/ADOR 38 09-117-23 21 0007 02850 LITTLE ORCHARD HAY JANES K t JANET H CARPENTER JAMES K CARPENTER 905 CRYSTAL BAY RD ORONO HN 55323 PROP ADDR OWNER NAME TAXPAYER ■NAHE/ADDR 38 09-117-23 21*0010 02865 LITTLE ORCHARD HAY STEVEN B 8 MICHELLE L HOYT STEVEN B HOYT 19090 MINNETONKA BLVD DEEPHAVEN HN 55391 REPORT NO. PZ43540I PACE 1 38 09-117-23 21 0004 00038 ADDRESS UNASSICNED J H DAYTON 8 E J DAYTON JUDSON 8 ELISABETH DAYTON TCF TOWER R860 121 8THST S MPLS HN 55402 38 09-117-23 21 0005 00825 OLD CRYSTAL BAY RD J M 8 E J DAYTON- JUDSON H DAYTON TCF TOWER 8860 HPLS HN 55402 38 09-11/-23 21 0008 02870 LITTLE ORCHARD HAY PARAGON DSGNRS 8 BLDRS CORP PARAGON DSGNRS 8 BLDRS CORP 3550 KAIRWAY LA MINNETONKA HN 55305 38 09-117-23 21 0009 02885 LITTLE ORCHARD HAY S T 8 J J JAGODZINSKZ SCOTT T JAGODZINSKZ 7320 HILLSDALE CT CHANHASSEN HN 55317 38 09-117-23 21 0013 00038 ADDRESS UNASSIGNED ANCO LAND DEVELOPMENT INC ANCO LAND DEVELOPMENT INC 3540 MONTGOMERIE AVE DEEPHAVEN HN 55391 TOTAL BATCH 008 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION^ TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE Hlqolqq ,y LkSik/i) * • • • « TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator 0 FROM: Michael P. Gaffron, Senior Planning Coordinator At DATE:May 12,1999 SUBJECT: #2490 Charles & Sue Van Eeckhout, 120 Brown Road South - Sketch Plan Review Zoning District:RR-IB, Single Family Rural Residential, 2 acre, septic/well Proposal: Subdivide 20-acre parcel to create 9 sewered building sites ranging from 1.0 acre to 1.8 acres in area. The proposal as presented would require: 1. Rezoning from RR-1B (Single Family, 2 Acre) to R-1A (Single Family, 1 Acre) Sanitary sewer from the City of Long Lake Expansion of the Metropolitan Urban Service Area (MUSA) At least two variances to the "Back Lot" ordinance Creation of a private road in a substandard (40') corridor At least two lot width variances Creation of a shared driveway crossing of Long Lake Creek Construction of road or driveway through at least two delineated wetlands. Creation of a wetland outlot for "Park" which would be in conflict with City requirements that wetlands in plats be platted as part of adjoining lots. Constmction of an 800'+ private driveway extending from the private road to serve Lot 4. 2. 3. 4. 5. 6. 7. 8. 9. 10. List of Exhibits A - Application B - Area Plat Map C - Shoreland Map D - Survey/Sketch Plan with Topography E - RR-IB Zoning District Standards F - R-1A Zoning District Standards G - Land Use Policies : CMP pages 4-12 thru 4-22 H - Current MUSA Map Conformity to Zoning District Standards and Comprehensive Plan The proposal does not conform to the RR-IB Zoning District Standards nor to many of the rural area goals and policies contained in the Land Use section of the Orono Comprehensive Plan (See Exhibits E, F and G). Applicant Has suggested to staff that the 1975 rezoning which changed this area from 1-acre density to 2-acre, should be considered as a 'taking' of value, and that this property should be allowed to develop under 1-acre standards. Staff strongly disagrees, and would note that dozens of properties #2490 - VanEeckhout Sketch Plan May 12,1999 Page 2 similarly rezoned in 1975 have been developed under the current 2-acre zoning standards in the quarter century since that rezoning. Relationship to Surrounding Development The property abuts the City of Long Lake to the north, where properties are provided with sewer and the minimum zoning lot size is 10,000 s.f. (approx 1/4 acre). The property abuts the Luce Line trail on the south, and on the e?%i and west abuts neighboring rural residential properties in Orono. Just to the south of the Luce Line is the Fox Ridge neighborhood containing 7 lots averaging 1 acre in area, developed in the 1960's. It might be argued that the 1-plus acre lot sizes proposed are a reasonable transition from Long Lake’s higher density SFR developments to Orono's low-density rural area. However, Orono has a number of successful 2-acre developments adjacent to Long Lake's l.Igtier density areas, and the need for a transition is questionable at best. Lot Layout and Lot Standards The proposed lot layout is clearly intended to make use of any and all high, dry ground on the property for building purposes. For instance, the majority of proposed Lot 4, Block 2, is no more than 3-4' above creek level, and can only be accessed by constructing a driveway directly adjacent to the creek within the 75' required creek setback whe^e no structrure or hardcover is allowed. Lot 4 clearly should not be considered for development. Lot 3 block 2 is a 3/4 acre high knob south of the creek adjacent to the Luce Line, proposed io be accessed by a 300' driveway outlot between lots 2 and 5, diagonally down a 40% slope along the north side of the creek. It would require a bridge over the creek. In order to make this driveway useful, it would have tc be extended significantly along the slope adjacent to the creek. Under the 2-acre standards, this lot would not be buildable unless many variances were granted, and it certainly does not have viable septic sites. The knob nearly meets the requirements to be considered a bluff, which would complicate matters even further. Under 1-acre standards with sev/er, access to the site is still the primary concern. Lots 1,2, 5 and 6, Block 2, appear to be viable building sites under a 1-acre standard, although Losts 2 and 5 w'ould likely need width variances. Under a 2-acre standard without sewer, perhaps only 1 additional lot besides the existing house could be developed in the area south of the main driveway, Outlot A. Lots 1,2 and 3, Block 1, each back up to the Long lake boundary and would be ser/ed by a private cul-de-sac, although both Lots 2 and 3 are back lots, and under the 1-acre standard Lot 2 doesn't #2490 - VanEeckhout Sketch Plan May 12,1999 Page 3 meet the 150% area requirement. Wetland appears to be a factor here which has led to the shortened cul-de-sac and two back lots being proposed. In general, there is a significant of disconnected dry buildable on this property which begs the use of a PRD, regardless whether it is platted under the 2-acre or 1-acre standards. Road Layout and Standards There are a number of problems with the proposed private road system: There is only a 40'corridor coming in off Browm Road where 50' would be required. Outlot A should be extended to serve at least Lot 2, Block 1 rather than stacking back lots on a narrow drivway outlot. Outlot B would probably work OK if Lots 3 and 4 weren't developed, but may need significant land alteration to result in the maximum 12% slope allowed. Outlot C in staffs opinion should be avoided as an access to Lots 3 and 4. Park/Trail Easements or Dedication Needed? The Park Commission will review this proposal if it goes forward as a preliminary plat. Neither the City's park plans nor County plans indicate a need for any acquisitions at this location. The apparent proposal to deed Outlot E, the wetlands, as Park area is not likely to be accepted since the subdivision code would require that a Drainage Easement or Flowage and Conservation Easement be dedicated over the wetlands and creek as a condition of plat approval. The Park dedication ordinance requires that lands dedicated as park be suited for defined park purposes. This area does not appear to have such a purpose, and the City likely would require a park dedication fee ratlier than land dedication. However, there is a possibility that the proximity to the Luce Line Trail would suggest that some Iruid adjacent to the trail may be suited for park use... Road Improvements and/or Easements Needed A dedication of 33' of right of way for Brown Road would be required. Comments from Hennepin County Public Works would be solicited if/when a preliminary plat application is made. Stormwater and Drainage Improvements The sketch plan drawings do not propose any stormwater facilities w'hich wou.d likely be required. The property appears to accept drainage from the adjacent developments in Long Lake, and due the pro?dmity to the creek, stonnwater management, especially from a quality standpoint, will have to be developed if this subdivision goes forward. #2490 - VanEeckhout Sketch Plan May 12, 1999 Page 4 Utility Locations and Availability Orono does not have sewer or water available to serve this area. The City has considered options for serving the Fox Ridge neighborhood with sewer via a force main discharging to the Long Lake sewer system as an alternative to running it south to the Webber Hills area. Long Lake staff have indicated while their system likely has capacity to serve additional homes they will not formally consider a request from Van Eeckhout for sewer until/unless Orono approves the development. If this property was to be served with sewer via Long Lake, the developer would bear all costs of making use of that system. Septic Testing and Site Availability No septic testing information has been provided, and staff would note that it is highly unlikely that suitable sites would be found on all of the lots in the current layout. The applicant acknowledges this, and that is one reason he is requesting the rezoning and sewered development. Conformity with Shoreland Regulations Long Lake Creek is a protected tributary stream and subject to Orono's Shoreland Management regulations. The plat drawings show a number of areas where conflicts with the Shoreland regulations may occur and some of these have been noted above. The key conflict would be establishment of a driveway within 75' of the creek for Lots 3 and 4 which requires a variance to Section 10.56 Subdivision 16(J)(3). Wetlands The sketch plan indicates that wetland have been formally delineated, but no Wetland delineation Report has been submitted. All wetlands on the sketch plan are shown within Orono's 1974-75 Protected Wetland Inventory, and the formally delineated boundaries would ultimately become the boundaries for easement purposes. The developer will receive no lot area credit for delineated wetlands regardless of wetland type, unless other separate basins of lesser wetland types not shown on Orono's Protected Wetland Maps are found by the delineator. Tree and/or Woodland Impacts Portions of the site are heavily wooded. The same 0-75' tree protection stand , i-ds that apply to lakeshore would also a^.,ply to areas within 75' of the creek bank. #2490 - VanEeckhout Sketch Plan May 12,1999 Page 5 Archaeological Site Proximity SHPO would be contacted for a review of this site if a preliminaiy plat is submitted. The high hills overlooking the creek arc a natural feature that triggers an archaeological review to deteimine whether archaeological sites may be present. Bluff Impacts A cursory review of the topography map indicates that while slopes exceed 30% in many areas of the site, n>ost such slopes do not rise the requisite 25' above the creek level in order to be defined as bluffs. There are many 'steep slopes' on the site (by definition averaging 12% or more) that will trigger the need for careful review of any grading plan proposed. Issues for Discussion 1. Does Planning Commission find any justification for supporting the rezoning of this property from RR-lB 2-acre unsewered, to R-1A l-acr* iewered? Is the 1975 rezoning a justification for honoring such a request? Isn't such a rezoning in direct conflict with Orono's goals and policies for the rural area? 2. Whether or not the property is rezoned, is the probable lack of suitable drainfield sites to serve more than a few lots, justification for developing with sewer? 3. If the site does in fact contain 11-plus acres of dry buildable land exclusive of proposed road and driveway outlots, and given the non-contiguity of the dry buildable due to wetlands and the creek, does this suggest that development via a PRD might be appropriate? Remember that area credit for wetlands is no longer available even if the property is sewered, regardless of a rezoning. Staff Analysis and Recommendation Th«* property can probably support only one or two additional homes under the City s rural development standards, and even at this level of development would likely need one or more ‘.-■nances. In staff.'’ opinion, the 1975 rezoning does not justify a claim of'taking' and should not be a factor in any determination for rezoning or variance approval. #2490 - VanEeckhout Sketch Plan May 12,1999 Page 6 The Rural Land Use Policies clearly indicate that the rural area will not be urbanized, i.e. it won't be provided with urban services and it won't be expanded by rezoning. The City has held fast to this policy, and has only veered from it in a few unique circumstances: Sugar Woods on Brown Road North: The 1987 Hwy 12 CMP amendment recognized that a service road should be developed between Brown Road and Willow Drive north of 12, allowing commercial uses abutting 12. The plan suggested that single family development north of that service road on the undeveloped 40 acre site would provide an appropriate transition between the commercial uses along 12 and the 2-acre density residential to the north. Due to soil and topography constraints, the site was provided with sewer, which allowed the planned density to occur and preserved trees that would otherwise have been lost to septic sites; Fleming Trail Addition: Orono agreed to annex the Long Lake sewage treatment plant site to Long Lake, subject to a platting of the site at densities providing a transition between the 1 /3-1 /2 acre lots nearby in Long Lake and the 2-plus acre Orono Oaks development in Orono. The Fleming Trail site, which had been owned by the City of Long Lake for many years, ultimately was platted into l-acre single family lots with sewer. Orono has provided sew'cr to many existing airal neighborhoods where it was concluded that septic systems were not a viable long-term alternative for replacing non-conforming systems. The City amended CMP in 1998 to expand the MUSA for existing and new development along the northeast shore of Maxwell Bay, but did not change from the existing 2-acre minimum lot size zoning. There are two innovative options Planning Commission might consider for developing the VanEeckhout property that may be consistent with the City's rural area goals: A.Based on the proximity to the creek, this is a sensitive Shoreland area. As was done wath Little Orchard on Maxwell Bay, it may be reasonable to allow the developer to prove how many lots he could develop under our rural standards (by actually doing septic testing and re-working lot layouts as necessary), then allow that number of lots to be developed with sewer. This preserves the rural density while eliminating potential pollution from septic systems near the creek. B. To go one step further, the City might allow the number of lots that could be developed using septic systems, to be developed via a sewered PRD by clustering the homesites near the existing residence and leaving the majority of the property as preserved open space. This I I #2490 > VanEeckhout Sketch Plan May 12,1999 Page 7 could potentially cut down on the costs of road and driveway construction while yielding homes that all have views of and access to the creek. Either A or B might be accomplished without rezoning, but both would require a MUSA amenHmftnt While the Little Orch^ MUSA amendment was found acceptable by Met Council due to proximity to Lake Minnetonka, a similar case would have to be made for this site. Planning Commission Action Required Planning Commission should provide applicant with direction as to the rczoning and sewering issues, and advise applicant of any other specific issues that will help applicant move forward. No vote is required. However, this application will be forwarded to Council since it proposes a rezoning which is a policy decision that oiUy Council can ultimately make. Application U ______ Date Receiyed 9 Amount Paid 3^S'0^ pA. j A CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address (2.0 5 Property Identification Number (PID) •’in- Z'b 12. Please check one - Property abstract or Attach legal description to application. torrens? « APPLICANT Name 1/a.iJ (5 a our 1 Address I Zo S & Aocu lU tz.a o Phone (home) ^73-082.5’ City uo/ur,Zip5'y^v4» Phone (work) OWNER (if different than applicant) Name Address Phone (home) City Zip Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size zo Present use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______0!) PROPOSAL _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites __Existing Units __New Units Total Units Number of Building Sites ( %Proposed Gross Density Minimum Lot Size Proposed Use (check) q Units per ZO Acres OO o Sq. Ft. Dry Buildable Land __Residential Other (specify)________ 10 -Si:__Sl. MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application fonn. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this annlication Zoning Official's Signature ___________________ Date MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees If appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature ________ ____________ Date APPLICATION FEES (Zoning Administrator to check pC] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 _____Subdivision Application (Class I & II) $350.00 -------- Preliminary Subdivision Application $375.00 + $25.00/Iot (Class IH & all non-residential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing; _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Class 1 and II Subdivision Application $200.00 (No change from original application) -------- Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) Totals B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/Iineal ft; . lin. ft. X .50 - $ lin. ft. X .50 "$ _____ Request for City to Accept Existing Private Road $900.00 _____ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub _____ Proposed Watetmain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 ______ _____ On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x_____new lots C. Flexible Application Fees/Misc. Fees ^____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivbion $100.00 _____ PRD Application with Subdivision $30.00/DweIling Unit ______ The applicant hereby agrees to provide all information required or requested by the Zoning Adm inistrator. City Engineer, City Attorney, Planning Commission and Council^cessan^ process this application and further agrees to pay alt additional fees established by ordinance. Applicant’s SignatureDate ^ Owner’s Signature Date V- 2-0-7-^ Applicant must have all submittals into the City Office 25 days before the Plarming 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. MIimiUM ^:ATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to •'application fees" listed below. ‘ 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350' (you must obtain dus list from Hermepin County Department of Finance A*603 Govl Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature _____________________________________ Date____________________________ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. ^ 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature _____________________________________Date__________________________________ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 _____ Subdivision Application (Class I & n) S350.00 _____ Preliminary Subdivision Application $375.00 + $25.00/Iot (Class III & all non-residential) _____Final Plat Application (Class HI) $200.00 _____Legal Review and Filing: ______Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Class I and II Subdivision Application $200.00 (No change from original application) _____ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) _____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) Totals B. Special Improvement Fees: _____ Proposed Private Roads $6U0.00 + $.50/lineaI ft.; _____ Proposed Public Road:> $900.00 + $.50/lineal ft.;, lin. ft. X .50 - $ lin. ft. X .50 - $_ _____Request for City to Accept Existing Private Road $900.00 ______ _____ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub ______ _____ Proposed Watermain Extension $250.00 + $25/stub ______ _____ Proposed Storm Sewer System (excluding culverts) $200.00 ______ ____ On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S50.00/per lot x_____new lots ' C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _______ _____ Easement Vacation Associated with Subdivision $100.00 ______ _____ PRD Application with Subdivision $30.00/Dwelling Unit _______ The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council^cessaryjtp process this application and further agrees to pay all additional fees established by ordinance. ____ Applicant's Signatur e __________Dale________'' DateOwner's Signafvre^^ Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Plarming 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. R L>MO 551 (74) I (73) JUS R L S «'> 8 ^ ********«*>da^ I «.................................T............ ............................^ 10 (21) 15I.OT (69) 53m (70) 33 33 : Xs /iTrrii -mf J32JM 3 ^ 8 W8.22 RES' 10 (63) iClTy OF longflitr (!9) SW*44*4^t (22) (9)_ - sJ^V- ■:F(» li/ ^ / / . / «fe. / '■■■ff--, iim 'SCO i'j' lii •t-JV ^*T ooc WO 4U05^ 1^530 ^---------»n.9..TOE....,,^- ---------------------------------* ,.,v vrrr\ HtrgMrr m.*•••••*»• 443 »■ ^»■”'*?S*- I rniit WJIM ®jkT7 BTl^niEnijg rtiiw MllWI iniv^rtYciii rtrwm#:Ufi YJWM1 6 » LAND USE JUNE, 1980 I AND USF GOALS AND POLICIES Orono‘8 Land Use Plan is based upon and policies which in turn have been actively developed by Orono residents over the last 25 years. 1 ANn IISF GOALS 1. TO REINFORCE ORONO'S ENVIRONMENTAL PROTECTION COMMITMENT.. 2. TO MAINTAIN THE HISTORIC IDENTITY AND CHARACTER OF THE SEPARATE URBAN AND RURAL NEIGHBORHOODS. 3. ACTIVITIES. 4.TO PROTECT NEIGHBORHOODS FROM ENCROACHMENT OF INCOMPATIBLE LAND USES. 5. TO COORDINATE ORONO'S LAND USES WITH THAT OF NEIGHBORING COMMUNITIES. 6. NECESSARY PUBLIC FACILITIES AND SERVICES. RPNFRAL LAND USF POLICIES 1. of the Community Management Plan and are described by Resolution of the City Council as shown on Map Mo. 6. 2. and^policies of the Environmental Protection Fl^n. Land use policies will encourage the ^ management of natural resources while prohibiting their misuse, abuse, overuse or exploitation. CMP 4-12 I I I TO Wilt iiTcMt. STira r»T*i*i« well] illll r«T*T*i«j r*Tc»^» \ ] LAND USE JUNE, 1980 1 7.DEVELOPMENT OR ALTERATION OF FLOODPLAINS WILL BE RESTRICTED. Most of the City’s identified floodplains are located along the shoreline or within designated marshlands and will be protected by regulations applicable to those areas. In addition, where floodplains do exist on otherwise dry buildable land, construction, filling or alteration will bo strictly controlled so as to avoid flow restrictions, to avoid flood level increases on other properties, and to avoid costly flpod damage or pollution dangers. f 8.NATURAL RESOURCE INVESTIGATION WILL BE REQUIRED AS PART OF ALL DEVELOPMENT PROPOSALS. This will include topographical information, soil analysis, drainage plans, vegetation plans, erosion control measures and similar site data related to each project, whether public or private. 9.ORONO'S LAND USE PLAN WILL PROMOTE THE RESERVATION OF OPEN SPACE, LIGHT AND AIR. Sufficient open spaces will be provided in each neighborhood and on each lot light, air and recreation for all residents. 10. PRIVATE STEWARDSHIP OF LAND AND RESOURCES IS PREFERABLE TO INFLEXIB - PUBLIC CONTROL. Private ownership, maintenance and stewardship of the land, including open space and many types of improvements, is favored over public ownership as being in the best and most beneficial interests of the proper^ owner and the public, providing for more intimate, responsive and economical land management. 11. ALL LAND 0\-»NERS MUST HAVE EQUAL LAND USE OPPORTUNITIES No land owner should be denied the right to develop his land by any staged growth, land banking or no-growth policy, provided the development can be accomplished within the performance standards, policies and require ments of the Community Management Plan. 12. FUTURE DEVELOPMENT MUST ENHANCE THE COMMUNITY. Land development should respect and enhance neighboring properties and existing developed character of the neighborhood and the City, preserving the value of the land and the integrity, stability and beauty of the community. CMP 4-14 t r ! I I 1 I a I u I I a a a a n I LAND USE JUNE, 1980 13. 14. 15. 16. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always produces more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. PHYSICAL IMPROVEMENTS REQUIRED TO ACCOMMODATE NEW DEVELOPMENT MUST BE PROVIDED BY THE DEVELOPER. Whenever required. Improvements must be provided by the developer. Because the City has limited staff and limited bonding potential, physical Improvements such as roads, drainage and utilities required to accommodate new subdivisions or development should be designed, financed and Installed directly by the benefited developer as a precondition to increased land use density. in addition, this philosophy Includes developer responsibility for special fire protection equipment or devices In the case of unusual land uses or building conflgura- tlons, and/or special security services In the case of unusual public safety situations. ALL PHYSICAL IMPROVEMENTS MUST CONFORM TO CITY STANDARDS. Physical Improvements related to health, safety or community systems such as roads, pathways, drainage or utility systems will be designed, located and constructed to uniform. City- established standards to ensure proper functioning and compatibility with overall City plans. DEVELOPERS MUST DEDICATE LANDS REQUIRED FOR PUBLIC USE. Land subdivision or any development that results in increased land use density, and hence Increased demand for municipal services, will be expected to ■ Include public dedication of lands necessary for additional road rights of way, parks, playgrounds, open space, ponds or storm water holding areas whenever such facilities are directly used by the subdivided land or required by such density Increase. CMP 4-15 JUNE, 1980 I AND USE V If the indiviaual development's or impact is relatively small, or the 1®^®“ not conducive to public land lieu of lands the developer may be required to contribute funds for the municipal PJ’^®^*®®ities • such lands or the Improvement ®* proportionate to the cumulative „,„t, density increase from multiple small developments. "■ if?■— safely used for the intended purpose danger to health, without peril from or other occurrence and without undue imp P neighboring properties # NO land will be permitted to be ^ubdivideo or built upon which is held unsuitable by the ^aauate proposed use because of flood hazards, xn^daquate drainage, soil formations with ^^f.^o^able for development, severe erosion Pf topography, inadequate water supply ^ disposal capabilities, or any other « to be harmful to the health, safety, J® the future residents of the proposed subdivision or of the community. IIRRAN LAND IISF POLICIES 1.THE MAJORITY OF ORONO'S URBAN AREA WILL BE RE^RTOD FOR RESIDENTIAL S^D^e! OroL's urban residential neighborhoods will provide *'>* Manr«bL residences wi“ll be ii:riL"?y’^at “cIa«d ;ith the lahe shoreline and will be subject to density restrictions because Of sensitive environmental conditions. owen multi-family residential uses will be „ locations near existing shopping services, but will not be appropriate within 1,000 feet of the shoreline of Lake Minnetonka. e CMP 4-16 i 1 I I n 9 9 9 © m m I AND USE JUNE, 1980 2. 3. 4. 5. LIMITED COMMERCIAL AREAS WILL BE PROVIDED FOR NEIGHBORHOOD SERVICE BUSINESSES. The primary function of Orono's commercial areas will be to provide those retail, . commercial and service businesses which are directly necessary to serve Orono's urban and rural residents. Commercial development will be limited to areas where full urban services, including municipal sanitary sewer and adequate transportation are available. Commercial development of a regional nature which would duplicate existing services in the neighboring town centers will be discouraged. LAKESHORE COMMERCIAL AREAS WILL BE PROVIDED FOR PUBLIC ACCESS AND LIMITED LAKE-USER SERVICES. Orono's residents and other lake users require lake access, fishing supplies, boat service and boat repair facilities which are unique to our location on a recreational development lake. Orono's Land Use Plan will provide locations for such special-purpose businesses where appropriate from both the land use and the lakeside environmental standpoint. No use or location will be permitted to adversely affect the lake quality or the public's general usage of the lake. All lakeshore commercial is to be limited to areas where full urban services, including municipal sanitary sewer, and adequate transportation are available. THE CITY WILL ENCOURAGE PRIVATE UNIFICATION AND COORDINATION OF THE EXISTING COMMERCIAL AREAS. Unplanned strip commercial developments will be discouraged. Coordinated projects designed to aesthetically enhance, unify and identify the business areas will be encouraged. FUTURE INDUSTRIAL DEVELOPMENT WILL BE LIMITED TO THE AREA OF THE EXISTING INDUSTRIAL PARK. No other location in Orono combines the availability of transportation and public utiXities with remoteness from sensitive environmental features. In addition, this land use is entirely consistent with Long Lake's neighboring industrial development. CMP 4-17 LAND USE JUNE, 1980 - • 6. 7. 8. 9. COMMERCIAL AND INDUSTRIAL DEVELOPMENT WILL NOT BE PERMITTED TO ADVERSELY AFFECT NEIGHBORING RESIDENTIAL PROPERTY. The location and scale of commercial and industrial development will be controlled so as not to encroach upon the primary residential land uses in Orono. Wherever possible, natural land forms or buffers will be required between different land uses. PUBLIC URBAN SERVICES MUST BE AVAILABLE FOR ALL FUTURE COMMERCIAL, INDUSTRIAL AND URBAN-RESIDENTIAL DEVELOPMENT. Commercial, industrial and urban-density residential uses will be permitted only where municipal sanitary sewer, adequate transportation, police and fire protection services are available. In addition, commercial, industrial and multi-family residential development will be permitted only where a piunicipal water system is available for adequate water supply and fire protection. URBAN DEVELOPMENT WILL UTILIZE THE CAPACITY OF EXISTING PUBLIC FACILITIES. New land uses and development will be allowed to infill existing vacant properties within the urban service area consistent with environmental limitations and with the existing capacities of water, sewer, drainage transportation and recreational facilities. New development will not be permitted to overburden these services at the expense of the existing users. New urban development will not be permitted if it requires additional unplanned local or regional facilities capacity. THE EXISTING URBAN AREA WILL NOT BE EXPANDED. Orono *s Community Management Plan is not a staged growth plan. The urban service area will not be expanded into the rural area and urban services and facilities will not be extended into the rural area for purposes of fostering or allowing increased development in those areas. 10. THE DESIGN AND DENSITY OF URBAN DEVELOPMENT WILL BE CONTROLLED TO ASSURE PROTECTION OF LIGHT, AIR AND SOLAR ACCESS FOR NEIGHBORING PROPERTIES. Requirements for minimum lot size, amounts of open space, minimum yard setbacks, and maximum building heights will be designed to assure protection of these values for all urban residents. CMP 4-18 aai.— i r 1 I I I i LAND USE JUNE, 1980 i i a 11. A SIGNIFICANT AMOUNT OF NATURAL WOODLANDS AND OPEN SPACE WILL BE RETAINED ON EACH PROPERTY. Retention of the. natural environment requires careful siting and preservation of trees and open space on each urban property. 12. LAND USE STANDARDS WILL LIMIT THE IMPACT OF URBAN ENCROACHMENT ON LAKE MINNETONKA. Minimum lot width will space out docks and structural encroachments while increasing areas of natural vegetation. Lake use regulations will limit the number of boats per property and the amount of public waters available for private docking and boat storage. 13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limited to less than the typical tree height. Minimum green belts will be provided with pro hibitions against clearcutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes and retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation. RURAL LAND USE POLICIES 1. OBONO'S RURM. SERVICE AREA WILL BE RESERVED FOR PERMANENT LOW-DENSITV RESIDENTIAL LAND USE. Orono's rolling rural area is not suitable for commercial agriculture. ^ Likewise, the delicate balance of storm water nutrient loading vs marshland assimilative capacity preclude expansion of the urban service area without major environmental problems for Lake Minnetonka. Therefore, the ideal land use for that portion of Orono located outside of the Urban Service Area (MUSA) is the planned low-density rural residentia land use. Commercial and industrial uses will no be permitted in the rural area. CMP 4-19 1980 LAND USE JUNE, 1980[. BE NT ON lANIZATION OW-DENSITY truck farms, riding stables ^““®*“°"erare such as larae golf courses and park reser „:f p^ssibH in more crowded are compatible with rural Thus, the total commercial activi y broader and more varied than if the Cx y urban or all rural# RURAL DENSITY IS LIMITED BY NATU^L CONDITIONS. Development of rural Orono is ititr by a number of conditions including ^ wetlands, steep slopes and areas table, which factors influence and transportation options as ^®^^ . systems and spacing of on-site sewage treatment system . THE EXISTING RURAL AREA WILL NOT ^^^^f^^^gtaged orono's community Management Plan is not a s g growth plan. The urban service Lpanded into the rural area. services will not be extended ^ or across open, rural lands. Rura at and rural llnA use density will be a level to ensure that private systems will operate satisfactor ^ rural wetlands and drainageways will overloaded with storm water nutrient po rural land uses and densities m not ^quim urban services. Urban services are not compatible w land use. Extension of certain urban s®^''^®®®' such as extensive public road municipal sewer or water cannot be ®®°"°®* ^ justified or easily provided to developments in rural areas or at rural densities. rural land uses do not require municipal se®r service. orono-B soil, topography and low-density rural llZ use provide'^the Ingredients , assure safe, adequate, permanent f®"*® treatment and orthe .hazard to ground water, surface wa public health. CMP 4-20 1 JUNE, 1980 LAND USE 7. 8. 9. « r,TTT qhrject to proven on-site sewage' treatment rural development will be area CAPABILITY. Future p“viaing will be contingent upon the ^ ^ ^^ins prior technlc.1 evidence , an ' sufficient suitable land for a and reserved acceptable primary ^e drainfield area, space for at least one rural Orono will therefor, be ba.ed upon “‘"‘"“a"*” Setlai^ds, buildable land exclusive ' streams or areas of high water table. roral development most be self-supporting.^^All future development in the r the required to be ^y^J'^term^of^ater supply, intended use, ®®P®®^®.^ al improvement maintenance, sewage treatment and costly urban servicesso as to prevent extension of coscxy into the rural area. RURAL LAND USE DENSITIES WILL A^^°W MAXIMUM BETENTION OF PBIVATE WOODS ^“oSa?^s^;eart:3"”^r n in^^ traditional vistae of «P«" ‘°°h! The retention of these woo ® habitat forlands will then assure permanent habitat to our abundant wildlife. Public ®P®” will be provided on a large-scale . neUrve Basis, but neighborhood or mini-parks are unnecessary because of the ^ of available privately owned and maintain open space. , RURAL WETLANDS AND MARSHLAND WILL BE MAINTAINED AND PROTECTED FOR ' sSS^cf S b^ention and filt^tion as total population in the watershed i^ionthe to?a? requirement for storm^water filtrating piiieiratr'oi orrurtlTetiaif. and /arshland for future use as retention ponds and nutrl “cycle d" urba “"s’torm f or‘"inc*r.rsed” nutrient filtration.• • CMP 4-21 , 1980 LAND USE JUNE, 1980REATMENT11. RURAL LAKESHORE AREAS WILL HAVE DUAL ENVIRONMENTAL PROTECTION. The low-density residential land uses will automatically reduce environmental pressures on the shoreline. In addition, the rural areas will be subject to the same shoreline protection performance standards as the urban areas, including minimum setbacks, green belts, clear- cutting prohibitions and lake use regulations.Taken together, these factors should preserve to • a large extent the original appearance of Orono s rural shoreline as seen from the lake. THE LAND USE PLAN rivate woods CTED EOR MAP NO. 6 INDICATES THE BASIC LAND USE PLAN OF THE CITY: THE DESIGNATION OF ORONO'S URBAN SERVICE AREA AND ORONO*S RURAL SERVICE AREA. The detailed location of the dividing line (the MUSA line) between the Urban Service Area and the Rural Service Area has been established by careful evaluation of each of the elements of this Community Management Plan. Environmental concerns, historic land use patterns, and the availability of sewer, transportation and other public facilities all enter into the local decision of actual MUSA line location. orono*s urban Service Area identifies those portions of the City that have been provided with public services and facilities support urban types and densities of land use as defxned by nolitan Council's Development Framework Guide. Orono s Rural Service Ar« Hentuits thosrpo?tions of the City that do not “d ere not planned to have urban services. Orono's Service Area is intended to permanently accommodate General Rural Lan /^iotinctlv housing densities defined by the Metropolitan Councxl, and as distxnc y different from a Commercial Agricultural region. orono*s MUSA line location as shown on Map No. 6 has been legally and established by City Council Resolution No. 1135 adopted April 14, 1900. This Resolution is included in the CMP Appendix. The detailed location of this line will not be changed without further official actxon of the City Council. Orono*s MUSA line location as shown on Map No. 6 is consistent with the broad-brush location of the MUSA line as drawn by the Metropolxtan Counc Orono's MUSA line location is consistent with the MUSA location an - use plans of adjoining municipalities. Orono's MUSA line location directly affects the detailed land use and facilities plans of the City. This land use map will form the basis for land use zoning decisions. CMP 4-22 !• I / /M__ w." .: x- - r-,-: 4<V» r y* ■ *dL^P. *> r— t • 9 1. y \ I WBBliill! ^<^iS \^z IIP if 'mii imi XI » 1 I iii«M|piiL« Sfi!|im*JBS^Isl f •■":'■■ I ta ■ ; \ a- /mn /'Vv^//A^''1?;^ t» _ z 77i/ M ^ r « 5* 1S- a= -ja __! . • 5irji cS lilHimmar '■^gxr ss k'"k vm. a- ^1 ..j ?????????§??????????????????§■? . .3§SggSSg§i^3Bpa><H|S3<<5=- C5 5: ||llinil■'• ilh..__,, 8 *>•*■ ■■» '^ SSo> M Ou D. Ho a ^ yoghbs % ns f ■ i- S §^552552Sy^5?2i5aSaasbbi52bb225iE2 >0 »0 VO ^4^CftOOOOOOOOUiU»UtOi OOOOU»OiU*UiUI*sJ^N^«~> V^ Oi O* 0>l i>i V>i l>i •«4 *>4 V/t 0« W/i Ui ptppppQpQQooo » •-• eo (A ui. i r i V* y ■ .to K>= ^ f ‘ ^ ^ . • 9 ■■ Sji ArV* TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City AdministratorFROM: Paul Weinberger, Assistant Zoning AdministratorDATE:May 11,1999SUBJECT: #2491 Deborah M. Sholl4100 Watertown Road Sketch Plan Review Zoning District: RR-1A One Family Lakeshore Residential District (5 Acre) Lot Area:Approximately 37 acres Application: Let Historj': The applicant has requested a Sketch Plan Review for a Class III subdivision for property located at 4100 Watertown Road. The property consists of approximately 37 acres of which approximately 2 acres is classified as Orono Wetlands and appear on the City Wetland Maps. The proposal is to create two parcels. One parcel is approximately 14 acres (12 dry buildable) and the west parcel is 23 acres. r>f lOQ^ fV»o Pitt' Pnnnril {ir!r\ntp/^ PpQnlntinn Nn 1 RQ4 for variances and a Conditional Use Permit to allow the keeping of domestic animals for commercial purposes and to allow the continued use of the property for a public riding stable based on conditions that the total employees hired by the applicants to assist in the commercial horse operation shall not exceed five full and part time employees, except for special events to be approved by the Council. The riding lessons are to be provided by members of the applicant ’s family. One additional important condition was the City shall review the Conditional Use Permit annually, however annual reviews had not been necessary. The property continued as a commercial use for several years, it has since been so!'’ and the commercial use of the property has ceased. The applicant has owned the property since 1995 and has made several improvements to the house. Also she has purchased a 5 acre lot (505 Orchard Park Road) to the northeast and combined the lot with the existing parcel. The 5 acre lot does contain a residence. With the existing residence on the 4100 Watertown Road the lot now contains two residential properties on one lot without a conditional use permit for a guest house. The lot was combined in January, 1996._________________________________________ 0249/ Deborah M. Scholl 4100 Watertown Road S/bitch Plan Review 5/17/99 Page t Lot Area Footorint Area on a Prooertv 0-1.99 acre 1,000 s.f.2,000 s.f 2.00-3.00 acre 1,200 s.f.2,400 s.f 3.01-3.50 acre 1,400 s.f.2,800 s.f 3.51-4.00 acre 1,600 s.f.3,200 s.f 4.01-4.50 acre 1,800 s.f.3,600 s.f 4.51-5.00 acre 2,000 s.f 4,000 s.f 5.01-6.00 acre 2,200 s.f 4,400 s.f 6.01-7.00 acre 2,400 s.f 4,800 s.f 7.01-8.00 acre 2,600 s.f 5,200 s.f 8.01-9.00 acre 2,800 s.f 5,600 s.f 9.01 acre or more 3,000 s.f 6,000 s.f 3. Any Oversize Accessory Structure shall be subject to the following conditions: a)No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30* from the side or rear lot line regardless whether less strict principal structure setbacks apply. The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: 1. • • 11. 111. No future subdi\ision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. If the property does receive subdivision approval the following variances are required for the oversized accessory buildings. I, To permit two oversized accessory buildings on one 12 acre lot where one is allowed. 2.To permit two oversized accessory buildings larger than the 3,000 s.f. maximum allowed for oversized accessory structures. 3. To permit 14,497 s.f for all accessory buildings where 6,000 s.f is allowed. i2491 Ikhomh M. Scholl 4100 Watertoy^TX Road Skitch Plan Rnkw 5/17/99 Page} Stables and Barns The keeping of domestic animals for non-commercial purposes is a permitted use including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. The use of an accessory building for keeping animals for non-commercial purposes is a permitted use provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in the paragraph above (Section 10.20, Subdivision 3 (M). Further, no such structure shall be located less than 1 SO feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident is allowed by conditional use permit. Fiuther, no such structure sh^l be located less than 150 feet from the nearest lot line. Any such instruction maintained as an accessory use and conducted by the owner shall be a conditional use permit and meet the requirements listed above and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. Right-of-Way Dedication Watertown Road is a City owned right-of-way. The property was platted to the center of the street. Subdivision Code requires the north 33' of Watertown Road be dedicated to the City. The portion of the property dedicated is not considered as lot area. Old surveys on the property show a small piece of the property crosses Watertown Road and extends to the south side of the road. The south 33' of right-of-way shall be dedicated as right-of-way and the property located to the south be designated an outlot. The west 33' along Orchard Park Road shall be dedicated for right-of-way purposes. 92491 Deborah U Scholl 4100 WaurtoMm Road Sketch Plan Review 5/17/99 Page A ANALYSIS Lot Area and Yards RR-IA (5 acre) Lot Area Lot Width Rear Yard Side Yard Street Yard Required 5 acres 300’100'50'100' Lot A appr. 12 acres dry 330’NA 66'86' LotB appr. 23 acres dry 530'NA NA NA Lot B does contain two accessory buildings that would required to be removed or variances would have to be granted to allow the accessory buildings to remain on the property without a principal structure. Access Access to both lots would be from Watertown Road. Lot B will be left undeveloped and held for a possible future subdivision. Easements Utility and Drainage easements shall be shown as 10' along the exterior lot lines and 5* on the internal lot lines. Requirements for Class III Subdivbion The applicant shall have a Certificate of Survey completed by a State Certified Land Surveyor. The survey shall indicate existing property lines, structures, elevations, and delineated wetlands. The surveyor shall provide lot sizes for the newly created lots and proposed legal descriptions. New septic reports shall identify primary and alternate septic sites do exist for the new proposed lots, and that the septic will be sufficient for the existing residences on the property. A Class III subdivision is required because the property does involve flexible zoning (variances and conditional use permit). The Minnehaha Creek Watershed district shall determine the need for stormwater treatment on the site when the City receives application for preliminary plat. The applicant is requested to contact Staff prior to application for preliminary plat to determine additional items that may be required. §2491 DtborahM. Scholl 4100 Waterloo Road Sktich Plan Rtvitw 3/17/99 PagiS ■ mt Issues for Discussion 1.Lot A contains two oversized accessory structures requiring variances to permit two oversized accessory buildings on one 12 acre lot where one is allowed, to permit two oversized accessory buildings larger than the 3,000 s.f., and to permit 14,497 s.f. for all accessory buildings where 6,000 s.f. is allowed. Is it the position of the Planning Commission the pole shed and bam are compatible with the use on the property and warrant variances on a 12 acre lot, where they currently exist on a 37 acre site? 2.A second residential unit exists on Lot A. The propertiw were combined in 1995, however a guest house conditional use permit has not been applied for. 3.Two storage sheds are located on Lot B. They will require variances to remain on a lot without a principal structure. 4.If future property owners wish to use the property for commercial purposes it appears the Conditional Use Permit, adopted by Resolution No. 1894, would no longer be valid since the property will be reduced in size. Recommendation The property should support additional residential lots in the future to the west it an access road is added and suitable septic sites are located. The concern is the use of the oversized arena and bam on a 12 acre farm rather than the existing 37 acres. Exhibits A B C D E F G Application Location Proposed Lot Division Air Photo Site Topography Resolution No. 1894 City Wetland Map §2491 Dtbonh M. Scholl 4100 l9lattrtomt Road Saleh Plan Rgvkw 5/17/99 Pago 6 A Application # Date Received" Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION . •• • • PROPERTY LOCATION Site address ______HIO V__^ Property Identification Number (PID) " 11 9 ~ Please check one - Property ^00 ^ abstract or torrens? Attach legal description to application. APPLICANT » , Name hBSidfifWi /Y\- ^th>LL Address ^llOn ----- City _______OAom________^-------- Phone (home) Xf Zip Phone (work) OWNER (if dififerent than applicant) Name _____ _________ Address City .Zip Phone (home) Phone (work) (attach list if more than one) EJaSTING LAND USE Number of Tax Parcels Development Size Present use (check) u Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)_____ PROPOSAL 1 Division for Tax Purposes Lot Line Rearrangement Only (no new buildlmg sues) Subdivision for New Building Sites ________Existing Units New Units Total Units Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) _ Units per___Acres ^ Sq. Ft. Dry Buildable Land Residential _ Other (specify) - ♦ 1 f1 "4 9 (£' ;; : 1m m d 2 mm •? i f I I---------:—L._______ N •74S‘44*V S4«.0»r^< f.;.'WA m •• 1 i‘ % \i. ‘ L*//' ^ M 5^!:-i #• •*- m ? ®®5SKPg"^vw$ ;w- a »kskv \\vsk ^^^ WmW^i V!}.jfi r* ^» / iJS/imm. I'lT* Y-Jv'im: Wiliam i?il®ya:§jtw*cs5 .7 :i mwmi Pm 4'» <7<;:v^ m ym^ mt >.7 ►f- '■:'(} • y, • •• ' ‘.V '-=\1 i.:<-;o ' •* \ *. -V »S^v«r> mi m m r*-'.-1 \' m •> ■•^r^'t .:>;: k.-^M ■Jr' V .• lV > <-?.m 74» . #-^ \ V ^i.^•* •;•« /i I'iSit'4 .<l.i z /' 3S rsci-iAim ! i 2: m^^-'y.'.• y .**-. r r • ^ I * # • r. . -t-r-V-A F Ki^noJ ".M City of ORQNO RESOLUTION OF THE CITY COUNCIL NO. 1894 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 4 (A) AND A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SIEBDIVISION 3 (F) PILB(J994^ • WHEREAS, Frank Kokesh (hereinafter "the applicant") Is the owner of the property located at 4100 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: The West 316.50 feet of the South 1088.1 feet of the West 1/2 of the South 27.50 acres of the West 1/2 of the East 1/2 of the Northeast 1/4 of Section 31, Township 118, Range 23 lying North (of the center line) of the Minneapolis and Watertown Road, (hereinafter "property"); and WHEREAS, the applicant has made application for a variance to permit the keeping of domestic animals for commercial purposes per Section 10.27, Subdivision 4 (A) and a conditional use permit to permit the continued use of applicant's property for the boarding of horses, rental of horses and instruction in the riding of horses per Municipal Zoning Code Section 10.20, Subdivision 3 (P). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS area. 1. This application was reviewed as Zoning File #994. 2. The property is located in the RR-IA Rural Residential Zoning District. 3. The property contains approximately 35 acres in 4. - The Orono Planning Commission reviewed this application on November 18, 1985, and recommended approval of the proposed variance to allow the keeping of domestic animals for commercial purposes per Zoning Code Section 10.27, Subdivision 4 (A), and recommended approval of a conditional use permit to permit the continued use of applicant's property for public riding stable use based on the following findings: A) Applicant's principal residence is located on a 35 acre site. B) No other variances are sought to performance section of Section 10.27, Subdivision 4 (A) - keeping of domestic animals. Page 1 of 4 • f . • i«v ‘'I '. >1 wm $111.^OF,; ...I City of ORQNO RESOLUTION OF THE CITY COUNCI L NO. 1894_ _ _ _ _ _ C) The proposed level of use is compatible with surrounding 5 acre "hobby farm" neighborhood. D) The property has been used as proposed in this review for over 15 years and has not resulted in any harm to the publics' safety or welfare. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions^ light# air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant# but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow a publi ; riding stable will not be detrimental to the health# safety or general welfare of the public# would not ad versely affect light# air nor pose a fire hazard or other danger to neighboring properties# nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. IJONCLUSIOKS# ORDER AND CONDITIONS Based upon one or more of the above findings# the Orono City Council hereby gran-.? a variance to Municipal Zoning Code Section 10.27# Subdivision 4 (A) to allow the keeping of domestic animals for commercial purposes and per Section 10.20# Subdivision 3 (F) grants a conditional use permit to permit the continued use of applicant's property for public riding stable use subject to the following conditions: 1. The total number of full and part time employees hired by the applicants to assist in the commercial horse operation shall not exceed the level of 5 employees except for special events at which large assembly permitting process shall establish level of temporary employees. 2. Riding lessons are to be provided by members of applicant's family. 3. Horses maintained on property shall not exceed the number allowed per Section 10.27 Subdivision 4 (A). 4. Applicant shall renew conditional use permit annually until Council specifies otherwise. Page 2 of 4 # . . rlr / i 't'H ^ ^eiTY v;/,- City of ORQNO OF 40R0NQ^ V RESOLUTION OF THE CITY COUNCIL NO. 1894_ _ _ _ _ 5. Authorities granted by the conditional use permit run with the property not with the owner and are permissive only. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terns of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of December, 1985. ^ (^^)/5property Owner ity Clerk Mary C. B^^er,' Mayor N Page 3 of 4 city of OROINO mClTY STKP«V9F«HNNES0TAimm RESOLUTION OF THE CITY COUNCIL NO. 1894_________ ) ) ss. COUNTY OP HENNEPIN ) On this day of before me a Notary Public within and for said county^ personally appeared known to me to be the person(s) describedw*.« person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC _A , /7 '^P my commission expires STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) -K-On this IB>l^S5v before me K^allvf\ Notary Pul^ic within and for said County, personally appeared known to ino to b© tn© person(s) described in and who i^xecuted the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC //A “'••If. I,.- lisr? _ my COMMISSION EXPIRES Page 4 of 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 19.1999 ROLL The Orono Planning Commission met on the atx)ve date with the foliowing members present: Chair Eiizi^'r eth Hawn, Wiiiiam Stoddard, Dale Lindquist, and Janice Berg. Commissioner Charles Sciiroeder and Commissioner Sandra Smith arrived at 6:32 p.m. The foiiowing represented City Staff: Assistant Zoning Administrator Paul Weinberger, Senior Pianning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Hawn caiied the meeting to order at 6:30 p.m. OLD BUSINESS 1. #2410 PETER BOYNTON. 1973 EAGERNESS POINT ROAD • VARIANCeCONDITIONAL USE PERMIT Hawn noted that this item has been removed from tonight's agenda. /P 2. #2444 BRIAN AND SUSAN SCHEBLER. 1354 REST POINT CIRCLE - VARIANCE Weinberger that the Applicants had previously appeared before the Planning Commission at their March 15,1999 meeting where the Appiicants were requested to reduce hardcover on this property. City Staff recommends that the gravel parking area located on the north part of the property remain in that it is used for parking by the home owners and provides a snow storage area for the Public Works Department. The rock located around the driveway protects this portion of the property from erosion as much of the drainage in this area follows the slope and is a difficult area to maintain due to the steep slope that exists. Weinberger stated the Applicants have reduced the hardcover somewhat on this property, and hardcover in the 75-250' zone is 29.9 percent or 5,593 square feet, with the deck comprising 195 square feet. City Staff recommends approval of this application to allow an after-the-fact variance to permit a detached, ground level deck located on the lakeside of the residence. Schebler stated he has reviewed the survey and could possibly remove some hardcover which does not consist of gravel. Lindquist inquired how much of the 5,593 square feet is comprised of gravel in the 75-250' zone. Weinberger stated that the gravel comprises 720 square feet. Lindquist noted that 4,675 square feet is allowed under City Ordinance, with hardcover currently being at 4,775 square feet without the gravel. Schebler noted that they were told at the last meeting that the gravel should not be removed. It was the consensus of the Planning Commission that the gravel should remain. ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2444 Brian and Susan Schebler, continued) Schebler stated that there is some rock landscaping, patio blocks, and underiayment that could be removed to reduce the hardcover by an additional 50 square feet. Lindquist commented he does not have a problem with this application as presented tonight. Stoddard stated he was in favor of this application. Smith inquired whether the Applicant should be required to remove the hardcover that he is proposing. Lindquist remarked that it is minimal in his opinion and the Applicant should be allowed to keep that hardcover since he is accommodating the Public Works Department by allowing snow storage on his property. Schebler stated that he is willing to remove the underiayment in that area but that the gravel will probably need to remain as erosion control. Schebler remarked that they will be removing this stone curbing and the little platform that exists in that area, which will bring the hardcover below the acceptable limit. Lindquist moved, Stoddard seconded, to recommend approval of Application #2444, 1354 Rest Point Circle, to allow an after-the-fact variance to permit a detached, ground level deck, with the understanding that the stone curbing, rock, and platform be removed. Schebler stated he is willing to remove these items, but it could take him a couple of years to complete the process. Smith inquired whether Lindquist would be agreeable to amending his motion to include the stipulation that any proposals for new hardcover would not be looked favorably upon by the Planning Commission. Lindquist amended his motion, Stoddard seconded, to include the stipulation that any proposals for new hardcover for this property would not be looked upon favorably by the Planning Commission. VOTE: Ayes 6. Nays 0. 3. #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE • VARIANCES Bruce and Betsy Nusbaum were present. Weinberger stated this application was tabled at the March 15,1999 Planning Commission meeting to allow the Applicants time to submit revised plans in an effort to reduce structural coverage. The Applicants are now proposing to remove one stall from the garage, remove the walkway around the garage, and to keep the proposed new residence as is. Weinberger stated the existing curb cut, which currently is 50 feet, will be reduced to City's standard of 20 feet, with the new residence being comprised of approximately the same amount of structural coverage that currently exists on the property. Staff is recommending approval of this application, with variances to allow 2,012 square feet of hardcover in the 75-250' setback, or 30.2 percent, with the current hardcover in that area being at 45 percent. Weinberger stated the Applicants are requesting 344 square feet of hardcover in the 250-500' setback, or 46.3 percent, where City Ordinance only * ” 30 percent. Hardcover currently existing in that area comprises 90 percent. Page 2 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2468 Bruce and Betsy Nusbaum, continued) which the Appiicants are willing to reduce in an effort to keep structural coverage as proposed. Nusbaum indicated he has no comment regarding his application. Schroeder indicated the revised plan is a definite improvement from the prior plan, noting that structural coverage is only slightly over what is currently allowed with hardcover being reduced. Smith inquired whether the Planning Commission wouid iike to see the structural coverage be reduced to the allowable 15 percent, which was the direction given by the Planning Commission at their prior meeting. Stoddard indicated he does not have a problem with the application as presented tonight, and inquired whether approval of this application might set a precedent. Stoddard commented that in his view Country Road IS does pose a hardship and the Applicants could possibly be given credit for that hardship. Hawn commented that she rarely will approve an application for new construction if the structural coverage is over IS percent, noting that if this application is approved, the Planning Commission is not approving it based on the reduction in hardcover but on the hardships that exist on the property. Hawn noted that County Road 15 and the high water table on this property do present hardships to the Applicants, and that she would be inclined to grant the application reluctantly due to the hardships that exist. Hawn indicated she was pleased that the Applicants have proposed to reduce the existing hardcover on this property. Lindquist stated he does not have a problem with this application. Schroeder commented that Hawn raised a good point and that this application should be approved based on the hardships that exist. Smith stated that the revised plan iS an improvement, but noted that some structural coverage could perhaps be eliminated by reducing the size of the screened-in porch. Schroeder moved, Lindquist seconded, to recommend approval of Application #2468, 3480 North Shore Drive, to allow variances for new construction exceeding 15 percent structural coverage and variances to hardcover in the 75-250' setback and 250-500* setback, based on the fact that this lot is affected by County Road 15 and the high water table which constitute a hardship unique to this property and are not found to be precedent setting by the Planning Commission, and further subject to the stipulation that no new hardcover or structural coverage will be looked upon favorably by the Planning Commission. VOTE: Ayes 4, Nays 2, Smith and Berg Opposed. 4. #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD - VARIANCES AND CONDITIONAL USE PERMIT Paula and David Lindberg, Applicants, were present. Weinberger stated the Applicants were encouraged to redesign their proposal to limit structural coverage to 15 percent and to reduce hardcover at the prior Planning Commission meeting. The Applicants are proposing ro remove the existing residence and foundation to construct a new residence. Weinberger stated this lot has two sides located on Lake Minnetonka, so it does have Page 3 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2457 Paula and David Lindberg, continued) two 0-75' setback zones. The revised plan is proposing to have an attached garage, with the house being moved more towards the center of the lot. The new structure would be completely out of the 0-75* setback zones, with the driveway requiring 1,050 square feet of hardcover in the 0-75' setback. The plan proposes 1,808 square feet more hardcover than the maximum allowed by the ordinance, but this lot, however, has two 0-75' setbacks. Weinberger stated that economic consideration and design preferences are not considered a hardship under state law. Weinberger noted that the Applicants have reduced hardcover on this lot by making the garage a tuck-under garage, removing some of the proposed decks on the new structure, and reducing the living space. Lindberg had no comment on his application. There were no public comments. Hawn inquired what portion of the hardcover is comprised of driveway in the 75-250' setback. Hawn indicated her recollection of the last meeting was that they wanted the Applicants to get the residence to 25 percent with the driveway being excluded. Weinberger stated total hardcover would be 3,786 square feet, with the driveway being 770 square feet. The allowable hardcover in that zone was 3,797 square feet. Lindquist indicated that the Applicants have complied with the request of the Planning Commission. Smith inquired whether the hardcover would be under the 25 percent limit with the driveway being excluded. Weinberger stated hardcover would be slightly under the 25 percent. Stoddard noted that this lot is three times larger than the lot in the other application. Hawn inquired whether a peimit would be necessary for excavation. Weinberger stated a conditional use permit would not be necessary as the excavation would be outside the 75' lakeshore setback and the amount of fill will not exceed 500 cubic yards. The Applicants are allowed to receive a staff issued land alteration permit. Lindquist moved, Smith seconded, to recommend approval of Application #2457, 1392 Baldur Park Road, as presented, to permit construction of a new residence with a variance to hardcover in the 75-250' setback, a variance to the south 0-75* setback to allow a driveway, and further subject to the stipulation that no new hardcover or structural coverage will be looked upon favorably by the Planning Commission. VOTE: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS 5. #2477 GEORGE STICKNEY, 250 AND 340 OLD CRYSTAL BAY SOUTH ROAD SOUTH - CLASS III SUBDIVISION. 7:06 p.m. - 7:32 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Page 4 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2477 George Stickney, continued) George Stickney, Applicant, was present. Weinberger stated the Applicant is proposing a subdivision of property located on Old Crystal Bay Road just north of the Luce Line Trail. The proposed subdivision will consist of eight lots, with the existing residence at 250 Old Crystal Bay Road being retained and located on Lot 2. The residence located at 340 Old Crystal Bay Road would be removed. Weinberger stated all the proposed lots meet the minimum requirements for the RR-1B zoning district, with each lot being comprised of a minimum of two acres with the exception of Lot 2, which is comprised of three acres. Lot 2 would need to have the bam and accessory structure which will need to be removed upon approval of the subdivision based on the structures being located within the street yard setback. Septic Inspector Steve Weckman has inspected the proposed subdivision and has determined that all lots do meet the minimum setback requirements for septic systems and have adequate septic sites available. Weinberger stated City Staff normally requires on all subdivisions that a road is platted through the subdivision for future connection, but in this case that is not possible due to the Luce Line Trail being located to the south of the property. This property also contains some DNR park land and the property to the north Is fully developed which would not allow a future road connection. The Applicant is proposing to construct a cul-de-sac, which is appropriate for this site, but variances will be needed for three of the lots. Lots 3, 4, and 5, as the lots do not meet the minimum 200 feet required lot width at the street. Weinberger commented this is not unusual in the case of a cul-de- sac as it is difficult to conform the lots to meet the 200 foot lot width. Weinberger stated one issue that the developer needs to be in agreement with is that each lot be served by driveways directly off the private road and access would not be allowed onto Old Crystal Bay Road. The Applicant has indicated that he is in agreement with this condition. Weinberger stated the City has received a letter from the DNR and the City Engineer as well has recommended certain items be incorporated into this project. The City Engineer is requesting that the 36 inch pipe located under the Luce Line Trail that a new restrictive outlet of 27 inches in diameter be installed in that location to allow a certain amount of drainage to occur under the Luce Line Trail and thereby raising the level of water by a few inches. The DNR had requested the City to comment on that issue to insure that the Luce Line Trail will not flood, but the City Engineer has determined that the level of the trail is located high enough where it should not be affected by the new pipe. Smith inquired whether Weinberger was ro'erring to the trail for pedestrians or the horse trail, which is at a lower elevation. Weinberger remarked he was referring *o the pedestrian/bike trail in that area. The City Engineer is also recommending that a ten foot easement be dedicated along the west property line adjacent to Old Crystal Bay Road, which would be utilized for a future bike trail and would straight the trail out in that area. City Staff is aiso requorring the standard drainage and utility easements be provided five foot along all interior lot iines an. > jn foot along perimeter lines, and submittal of a detailed drainage and grading plan for this subdivi - The County Assessor has detenni : .co .he value of the six new sites is approximately $600,000 for the land, which would amount to $4,900 for each lot in park dedication fees. City Staff is also recommending a ten foot trail easement dedication be required as part of this application. Pages ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2477 George Stickney, continued) Stickney commented that it was their goal with this subdivision to preserve the natural features of the property as much as possible, noting that they will require a covenant that any trees removed as part of the development will need to be replaced. Hawn inquired whether there were any public comments regarding this application. Pat Dougherty, Old Crystal Bay Road, stated he has no particular difficulties with this proposed subdivision, but expressed a concern over the amount of land developed to the north and the increased water runoff problems they have been experiencing since that time. Dougherty requested that that issue be addressed. Stickney commented that he would be willing to review the drainage to see if steps could be taken to correct the problem. Weinberger stated City Staff would like to see more water runoff to the drainage pond. Stickney remarked that there will not be a horse housed on Lot 2 due to a covenant that will be in effect with this subdivision. Lindquist commented that the Applicant should be aware that City Staff is recommending a ten foot easement in addition to the park dedication fee for this subdivision. Hawn noted that the City is not in possession of the septic reports for this subdivision. Stickney stated that the septic inspector has been out to the property and has not found any major issues involving the septic. Stickney remarked that it was his understanding that the reports had been submitted to the City and was not sure why the City does not have them at this time. Hawn inquired how frequently variances are given to lots that do not meet the 200 foot setback at the street. Weinberger stated that variances to street width are typically granted on a cul-de-sac due to the fact that if the lots were required to meet the 200 foot street width, that the lots would not function well with the other lots and would have an unusual configuration. Stoddard inquired whether this was a subdivision or preliminary plat approval. Stickney stated it was a preliminary plat application. Stoddard moved, Lindquist seconded, to recommend approval of Application #2477, 250 and 340 Old Crystal Bay Road South, Class III Preliminary Plat Subdivision, to permit variances to the 200 foot street width for Lots 3,4, and 5, subject to the conditions outlined in the April 19,1999 Planner's Report and the April 6,1999 City Engineer's report, and further subject to the incorporation of any recommendations by the DNR and Hennepin County regarding the drainage into the final plat application. VOTE: Ayes 6, Nays 0. 5. #2474 SUSAN WILSON, 325 BROWN ROAD SOUTH/251 0 ABINGDON WAY, LOT LINE REARRANGEMENT Page 6 • II ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999fthe 5ted root (#2474 Susan Wilson, continued)The Certificate of Mailing and Affidavit of Publication were noted.Steven and Susan Wilson, Applicants, were present.Weinberger stated the Applicants are requesting a lot line rearrangement to^ange the jot line 60 feet to the west to have the trees located along the east prope.ty line on the 325 South Brown Road property, which would allow that lot to have platted access to the Luce Line Trail. The property located at 2150 Abingdon Way will continue to have two suitable septic sites that can meet the 20 foot setback requirement from the east property line. The rearranged lot line not make either lot non-conforming for lot area or setbacks or change the existing building pads^ City Staff recommends approval of this application subject to the property c^er providing a ne 10 foot drainage easement along the new east property line for 2150 Abingdon Way as well as the other conditions outlined In the April 19,1999 Planner's Report. Mrs. Wilson commented that the land might be sold and they wanted to insure that the trees in that area will not be cut down. Smith noted that this was an unusual situation, but questioned whether the City would be running the risk of having other property owners construct alleys to other desirable locations. Weinberger stated the City has seen proposals similar to this requesting walkways down J® Lake Minnetonka, but this is the first application requesting a walkway to the Luce Line. , remarked that another alternative to preserving the trees would be to grant a conservation easement, but noted this lot line rearrangement Is really not creating a flag lot. There were no public comments. Lindquist commented he does not have a problem with this application. Schroeder inquired whether any variances were necessary with this application. Weinberger stated It was simply a lot line rearrangement and would not require any variances. Lindquist moved, Berg seconded, to recommend approval of Application #2474,326 Brown Road South/2510 Abingdon Way, Lot Line Rearrangement, with the understanding that a ri6w 10 foot drainsQO easemont along the new east property line for 2150 A ing on ay will be required. VOTE: Ayes 6, Nays 0. Mr. Wilson inquired whether they would be able to be put on the May 10th City Council agenda. Weinb;>rger stated they would need to submit the existing and proposed legal descriptions, along with thi new easements shown on the survey, by the end of next week Wednesday. Mr. Wilson requested that this item be set on the May 24th City Council agenda. 7. #2479 Peter Andrea Company, 555 Stubbs Bay Road, Class III Subdivision, 7:41 p.m. -8:19 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mark Gronberg, Architect, was present. Page? ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2479 Peter Andrea Company, continued) Hawn noted that the representative for the Peter Andrea Company will not be able to attend tonight's meeting until later, and inquired whether there was anyone in the audience that was here for this application. Several people In the audience indicated that they would like to comment on this application. Gronberg stated that Jim Deanovic would not be able to make it until approximately 8:15 p.m. A resident In the audience requested that this application be held at the scheduled time and he could have the opportunity to speak when he arrives. Lindquist commented that in his view the Planning Commission should proceed with this application. Weinberger stated the Applicant is proposing to subdivide a 46.75 acre parcel into seven residential lots in the five acre zoning district. The parcel is zoned RR-1A, Rural Residential District. Each of the seven lots will consist of approximately five acres dry buildable. Weinberger remarked there are a number of issues that still need to be addressed before this application can be approved. The Applicant is proposing access through a private road located off of Stubbs Bay Road ending in a cul-de-sac. City Code requires roads to be platted through in order to insure future connections to landlocked parcels, and the developer is required to plat access outlets for future road extensions to the west. However, the proposed interchange for Highway 12 and County Road 6 wili make access from the north difficult if not impossible. This property also contains some wetlands which are not located in Orono. It is City Staffs position that the wetland not be mitigated if an alternative exists for access to Lot 3. The developer will also need to incorporate a stormwater pond and conservation and drainage easements will be required over the pond. Weinberger stated the Applicant will also need to submit information on driveway access to Lot 6. a wetland delineation report, and septic reports before this application can be approved. City Staff is recommending that this application be tabled to allow the Applicant time to address the nine issues identified on page five of the April 19,1S99 Planner's Report and to give City Staff time to review the required reports. Smith inquired why this application was being heard tonight if there were some many outstanding issues remaining to be resolved. Weinberger stated that the application was accepted by the City with notice being given to the neighbors approximately two weeks ago. City Staff was expecting submittal of this information prior to tonight's meeting. City Staff also had concerns that need to be addressed by the Planning Commission regarding the location of the roadways. Gronberg commented that the future roadways for this development are a concern, noting that if the land to the west is ever developed, rezoning would be necessary, and there would be an opportunity at that time to create roads to the west. Schroeder commented that in his opinion he cannot contemplate rezoning to two acres at this time for that area. Page 8 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2479 Peter Andrea Company, continued) Gronberg noted that there is 33 feet of right-of-way along Orchard Park Road. Weinberger stated the right-of-way had previously been dedicated from properties and City Staff is looking for right-of-way dedication for this subdivision to insure future road connections. Schroeder inquired what the Applicant has platted for the roadways. Weinberger stated there is a 33 foot wide corridor along some of the properties, with a 50 foot right-of-way is needed in this area. Weinberger commented that it would be fair to both developers to have 25 feet of right-of-way on either side of the platted road. Weinberger noted that no development is being planned at this time to the land to the west. Hawn inquired whether there were any public comments regarding this application. Jim Whelan, 14425 - 38th Avenue, Plymouth, stated he also owns property near this subdivision, and expressed concerns that the proposed corridor for Highway 12 will landlock his property. Whelan commented he is interested in access off Stubbs Bay Road or somewhere else if possible. Whelan stated access from the south is not possible due to the low land located there. Waylon commented he has written a letter to MnDot regarding his access. Kevin Holmes, 585 Stubbs Bay, commented that he was glad to see the Planning Commission make provisions for wetlands and roads in new developments, but would like to see some information regarding the easements. Holmes stated in his view Outlet B will not be buiidable due to the Highway 12 corridor. Hawn remarked that it is difficult to answer most of these questions at this time due to the lack of infoonation that has been provided by the developer. Hawn stated these issues will have to be addressed at a future Planning Commission meeting and that the residents will be notified of that headng. Donna Cause, 480 Stubbs Bay Road North, expressed concerns regarding driveway access and the need to preserve some trees in that area which act as a .vindbreak. Cause commented she wouid also like to see the drainage problems adequately addressed for this area. Weinberger stated the developer will need to submit a drainage and grading plan that is acceptable to City Staff, which will be reviewed by the Planning Commission at the time the preliminary plat is approved. Gronberg stated they would be willinr to work with the neighbors regarding some of these issues. Gronberg noted that some of the work regarding this development has been delayed due to the weather. Hawn inquired whether the representative for the Applicant would be agreeable to tabling this application in accordance with Staffs recommendation. Gronberg indicated he would agree to tabling this item, but would like some direction on how the roads should be platted. Lindquist stated in his view the property on the northern part will need a right-of-way or easement to access that property from the cul-de-sac. Page 9 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2479 Peter Andrea Company, continued) Gronberg inquired whether he was looking at an easement for a driveway or a roadway. Lindquist commented it should be platted as a roadway. Stoddard commented that an easement will probably need to be taken along the west side of property to prevent an 1100 foot parcel from being landlocked. Stoddard stated there may also need to be a dedicated road to the west of Outlot B. Hawn remarked that the developer may want to design this development to eliminate the backlot if possible. Weinberger stated the road will possibly end in a cukle-sac in this area and then it would be platted through to the end of the property which would creuf? ,*oad access to all the lots In the subdivision. Schroeder commented that that road may be necessary to allow Waylon access to his property as well. Weinberger stated that Is one of the reasons for this road. Gronberg stated he is willing to work with City Staff on this issue. Hawn moved, Schroeder seconded, to table Application #2479, Peter Andrea Company, 666 Stubbs Bay Road, to allow the Applicant time to address the issues raised in the April 19,1999 Planner's Report and provide the necessary information. VOTE: Ayes 6, Nays 0. (Recess taken from 8:20 - 8:33 p.m.) (Hawn excuses herself from the Planning Commission). 8. #2480 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH, CLASS II SUBDIVISION, 8:33 p.m. • 8:38 p.m. The Certiflcate of Mailing and Affidavit of Publication were noted. Tim Johnson, Representative for Spring Hill, was present. Gaffron stated the Applicants are requesting approval of a preliminary plat. No new lots are being proposed with this subdivision, but as one of the conditions of approval with the Spring Hill Golf Club conditional use permit issued in 1997 required that the golf club grant conservation and flowage easements to the City over the various wetlands and drainageways on the property, it was determined that this could be most effectively done after the wetland alterations and drainageway reroutings were completed. Gaffron stated the Applicant will need to contact Medina to see whether separate plat approval action is required by the M^ina City Council. Gaffron stated that Hennepin County has been informed of this application, and City Staff has been informed that Hennepin County wilt request an additional 10 foot right-of-way on either side of Page 10 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2480 Spring Hill Golf Road, continued) County Road 6. Currently the right-of-way is 80 feet wide where the County is requesting 100 feet. This stretch of County Road 6 is designated on the Hennepin County Bicycle Transportation Plan as a bikeway. Gaffron stated if City does not require the a iditional right-of-way at the time of a plat, then the City is required to pay 100 percent of the costs for the lateracquisition of the right-of-way. If the right-of-way required by the City at the time of plat, then the costs are split 50/50 between the City and the County. City Staff recommends approval of this application subject to the conditions out’ ned in the April 15,1999 Planner's Report. Johnson had no comment on this application. There were no public comments. Schroeder Inquired whether the Golf Club would be inclined to grant the additional right-of-way. Johnson indicated that it would destroy some of the work already completed. Lindquist commented that perhaps the attorneys will need to be involved in this issue. Schroeder moved, Smith seconded, to recommend approval of Application #2480, Spring Hill Golf Club, 725 Sixth Avenue North, Class II Subdivision, subject to the conditions outlined in the April 15,1999 Planner's Report. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (Items 9,10,11, and 12 follow Items 13 and 14. 13. #2481 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH. REZONING, 8:39 p.m. - 8:43 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Tim Johnson Spring Hill Golf Club Representative, was present. Gaffron stated the Applicant is requesting a rezonIng of this property back to the underlying RR-1B, Single FAmily Rural Residential District, since the portion ol the property zoned RR-1B-1 will no longer contain facilities for a "study and research center". Currently there are no other properties in Orono zoned RR-1 B-1. City Staff does not have a problem with this application and recommends approval of the rezoning. Johnson had no comment regarding this application There were no public comments. Smith stated she does not have a problem with this application. Page 11 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#24S1 Spring Hill Golf Club, continued) Stoddard moved, Berg seconded, to recommend approval of Application #2480, Spring Hill Golf Club, 725 Sixth Avenue North, for the rezoning of the portion outlined in the April 14,1999 Planner's Report from RR-1B-1 to RR-1B, subject to the conditions contained in the April 14,1999 Planner's Report. VOTE: Ayes 5, Nays 0. 14. #2482 SPRING HILL GOLF CLUB, 725 SIXTH AVENUE NORTH • CONDITIONAL USE PERMIT, 8:43 p.m. • 8:57 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Tim Johnson, spring Hill Golf Club Representative, was present. Gaffron stated at the time of the conditional use permit for the Golf Club, plans showed an existing Spring Hill caretaker house, which at the time was thought to be likely to be removed. The conditional use permit did not contain the appropnate language to allow the caretaker house to be retained. Condition three of Resolution No. 3902 requires an amendment to the cono.iional use permit if additional accessory buildings are proposed. Because it will act as a "guest house", the caretaker house also requires a Guest House Conditional Use Permit. Gaffron stated the property does meet the required setbacks and lot size requirements to allow the caretaker house to remain on the property. The Golf Club is proposing to utilize the caretaker house as a residence for one or more employees of the Club, which would appear to be covered under the definition of a "guest House" in Section 10.20 Subdivision 3(G) as an accessory separate dwelling for the sole use of the occupants of the primary dwelling. Including their domestic employees or their non-paying guests. City Staff is recommending approval of this application. Johnson stated this was an oversight on the part of the Golf Course and it has been their intent all along to retain the caretaker house. There were no public comments. Smith commented that to her understanding the caretaker house was to be removed after a pen'od of time. Johnson stated there was a farmhouse originally on the property which was removed. The Golf Club does not intend the caretaker house to be used overnight by Its guests but will be occupied at this time by a caretaker. Gaffron stated that City Staff is recommending that the caretaker house not be rented out and shall be occupied only by employees of the Club. Stoddard commented that in his view the guest house only allows the structure to be occupied by family members or ov/ners of the property. Gaffron remarked that the code reads non-paying guests. The City has provided for caretaker units at marina areas for security in the past, and City Staff is viewing this as the same situation. Smith commented she does not want to see this caretaker house be utilized as a hotel for Page 12 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#24B2 Spring Hill Golf Club, continued) overnight guests of the golf club. Stoddard remarked that the City would not be in a position to regulate the use of the structure unless complaints are received. Schroeder stated the use of the structure is governed under Section 10.20, Subd. 3(G), which allows for domestic employees or their non-paying guests. Schroeder noted that this was a small structure and would not be able to house many occupants. Lindquist commented he does not have a problem with this application. Smith inquired whether the Planning Commission wanted to establish this structure as a guest house in the event that the golf course experiences more growth over the years. Johnson stated the Golf Club has provisions in its by-laws regulating the growth of the club, and that they are interested in providing some lodging for a caretaker. Smith stated she would like this issue to be revisited If the use of the caretaker house should change in the future. Gaffron stated the conditional use permit does give the City control over the use of the structure and requires the Applicant to come back if the use of the structure changes. Hawn commented from the audience that this house will not accommodate many guests. Stoddard stated in his view the standard language would be sufficient in this situation and that further restrictions are not necessary. Schroeder moved, Stoddard seconded, to recommend approval of Application #2482, Spring Hill Golf Club, 725 Sixth Avenue North, allowing a Guest House Conditional Use Permit as defined In Section 10.20, Subdivision 3(G), and further subject to the other conditions outlined in the April 14,1999 Planner's Report. VOTE: Ayes 4, Nays 1, Smith Opposed. Smith stated she was opposed to this application because she would like to see the provision included which would require the Planning Commission to review the conditional use permit before the use of the structure Is changed. (Hawn returns to the Planning Commission at 8:58 p.m.) 9. #2473 MATTHEW B. HERMAN, 3825 CHERRY AVENUE - VARIANCES. 9:00 p.rn. • 9:08 p.m. The Certificate of Mailing and Affidvait of Pubication were noted. Matthew Herman, Applicant, was present. Weinberger stated the Applicant is requesting a variance to permit the construction of of 263* by 4' boardwalk across an undeveloped City right-of-way to connect a landlocked piece of property to his property, which is legally combined, with lakeshore rights. The proposed walkway would connect from the residence across a platted right-of-way, which will not be developed because it Page 13 • r- » I T r ' ■ im—■I ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2473 Matthew B. Herman, continued) exists in a wetland, and would extend to the North Arm of Lake Minnetonka. in 1990, the City Council granted a similar approval for a previous property owner, but the structure was never built. The previous owner had requested a three foot walkway where this Applicant is proposing to construct a four foot walkway, which meets the City standards for walkways. A variance is required because the City does not allow structures to be placed within a wetland. Weinberger stated the DMR will also need to issue a new ^vork in bed of public water permit", and a variance from the Lake Minnetonka Conservation District may also be required for this walkway. The DNR has written a letter indicating they would be in support of a new permit for this proposed walkway based upon the City’s approval. The adjoining neighbor also has a walkway down to Lake Minnetonka across the wetland. Weinberger stated the issue is the potential impact that might occur to the end of Cherry Avenue if someone tries to access the right-of-way, but this could only occur during the winter months if someone tried to access it with a snowmobile. City Staff is requesting a hold-harmless agreement with the property owner, which i« ’.v oical in any construction that is permitted within a public right-of-way. City Staff would also r luest that signage be placed near the walkway to warn the public of a structure between the end of Cherry Avenue and Lake Minnetonka. City Staff is recommending approval of the application subject to the Applicant obtaining the appropriate permits from any agencies that have jurisdiction on this proposal. Herman had no comment regarding this application. There were no public comments. Stoddard inquired whether the Applicant is proposing to construct the deck at or below the 929.4 foot elevation. Weinberger stated it would be similar to a dock that extends out into Lake Minnetonka. Lindquist commented he is not opposed to the application since similar applications have been approved by the City in the past. Lindquist moved, Hawn seconded, to recommend approval of Application #2473, Matthew B. Herman, 3825 Cherry Avenue, granting of variances to permit hardcover within 75 feet of the OHWL of Lake Minnetonka and to place a structure within a wetland, and further subject to the Applicant obtaining the appropriate permits from any other governing jurisdictions over this project. VOTE: Ayes 6, Nays 0. 10. #2475 RONALD P. ZELINSKY, JR.. 320 TURNHAM ROAD - VARIANCE, 9:10 p.m. - 9:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ronald Zelinsky, Applicant, was present. Weinberger stated the Applicant is proposing to construct an 18' by 36' swimming pool and a 12* by 16' pool house in the side yard adjacent to street yard where a 33' setback Is proposed and Page 14 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2475 Ronald Zelinsky, continued) a 100* setback is required. This property is located within the RR-1A. One Family Rural Residential District, which has a minimum of five acres. This property consists of 2.8 acres. Weinberger stated the Applicant is proposing to install plumbing in the pool house, which would require a plumbing in accessory building conditional use permit. However, to qualify for plumbing in an accessory building, the stnicture must be conforming in location, size and height. In this case the structure is encroaching approximately 66 feet into the front yard setback and the building would be located closer to the front lot line than the principal structure. City Staff is recommending denial of the pool house due to the fact that it would not be able to meet all yard setbacks. The Applicant is been informed of that issue and would be agreeable to working with City Staff on other options for the poo* house. Weinberger stated the Appiicant is proposing to construct a berm approximately six feet high on the property with landscaping in an effort to screen the pool and to minimize the noise level. Other locations were explored for possible location of the pool, but after inspection of the property, this area was deemed the most desirable due to the location of the sewer and septic tines, utilities, a garage, and trees located on the other sections of the property. City Staff is recommending approval of the portion of the application dealing with the pool subject to review and approval of a land alteration permit by City Staff, not to include the moving of more than 500 cubic yards of fill. Weinberger stated the proposed work does not appear to involve the moving of more than 500 cubic yards of fill. The Applicant will alsu need to submit a survey depicting the existing and proposed topography for this project. Weinberger noted that the pool is located on an old septic site and the Appiicant should be aware that the old septic items may need to be removed as part of this project. Weinberger stated if the Applicant wishes to construct the pool house and include plumbing, he will need to submit a new application requesting a plumbing in accessory building conditional use permit. Zelinsky stated he has been attempting to comply with City regulations as much as possible concerning this project, but was not made aware of the fact that a conditional use permit would be required for the pool house to install plumbing until today. Zelinsky indicated that he would not be pursuing the pool house at this time. Lindquist inquired how far back the pool would be located from Chippewa Road. Weinberger stated the setback from the edge of the pool to the street is 66 feet. Lindquist noted if the Applicant complied with the setback requirement, the pool would be located within the residence. Hawn inquired whether there were any pubiic comments concerning this application. Desyl Peterson, 4385 Chippewa Lane, stated she is the neighbor to the south, and is in favor of this appiication with the understanding that a six foot berm with landscaping be constructed. Peterson commented she could understand the rationale for placing the pool in this location. Lindquist inquired whether the oniy variance for the pool is to the 100 foot setback and to the side yard setback. Page 15 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2475 Ronald Zelinsky, continued) Weinberger indicated yes. Smith inquired whether the landscaping has been inciuded in the project costs. Zeiinsky indicated that those costs have been included in the project. Stoddard indicated he would be in favor of the appiication. Stoddard commented that he was giad Mrs. Peterson was able to attend tonight ’s meeting, noting that he is always interested in hearing the comments from the adjoining property owners concerning any proposed project. Smith inquired whether structural coverage was an issue in this appiication. Weinberger stated structural coverage only applies to properties less than two acres. Lindquist moved, Schroeder seconded, to •'ecommend approval of Application #2475, 320 Tumham Road, granting of a variance to the side street setback and granting of a variance to the front street setback, subject to the submittal, review and approval of a grading and drainage plan prior to the issuance of a land alteration permit being issued by City Staff, with the understanding that the proposed pool house with plumbing is not being approved at this time. VOTE: Ayes 6, Nays 0. Hawn noted that if more than 500 cubic yards of fill are moved, the Applicant will need to apply for a conditional use permit. 12. #2472 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD • VARIANCE, 9:23 p.m. • 9:30 p.m. The Certiricate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Larson, Applicants, were present. Weinberger stated the Applicant is proposing to construct a covered porch to the west side of the existing residence and to screen the existing deck on the south side of the structure. The house is located only 15.9 feet from a platted alley, which would require variances to the 50 foot setback from the alley. No building permits were ever issued for the deck or variances granted. Weinberger stated the lot is undersized, consisting of .59 acres, and lies within the RR-1B zoning district, which has a minimum of two acres. City Staff is recommending approval of this application based on the conditions outlined in the April 12,1999 Planner's Report. Weinberger stated the setback in question is the result of a platted alley that is used solely by the Larsons and is not developed beyond a certain point on the property. Weinberger noted that there is a potential for a change to future access to the property which will be discussed in the next application. Mr. Larson Indicated he had no comment regarding the application. Smith indicated that if the alley Is vacated, these variances wou*'^ not be necessary. Stoddard commented he would like to discuss the issue of the alley, and inquired whether the Page 16 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2472 Sandra Larson, continued) Applicants would be interested In vacating that alley. Larson indicated at the present time they would be more interested in working with the present alley rather than pursuing vacation of the alley. Larson commented that they would be willing to discuss other options for the alley. Steven Webster. 500 Orono Orchard Road South, indicated that the intent was to give the Larsons enough land to accommodate a driveway that would access onto Orono Orchard Road, which would eliminate the need for the alleyway. Webster commented that if the alley were vacated, it would extend his property and would also alleviate some safety concerns he has regarding his children having to cross the alleyway. Webster stated he is proposing to construct a garage which would be located on the property line. Hawn inquired what the Larsons' view of the proposed vacation of the alley and structure is. Mrs. Larson stated they do have some reservations regarding the proposed structure in that it would be located on a hill and would require a total right turn into the structure. Lindquist inquired what the City’s policy has been regarding vacation of alleys. Gaffron remarked this situation is unique in that the City maintains this alley for use by one or two property owners and also has roadways that the City does not maintain. Gaffron commented that City Staff might be willing to support vacation of the alley if there ate no other proposed uses for this alley provided adequate access into the property is obtained. Berg moved, Lindquist seconded, to recommend approval of Application #2472, Sandra S. Larson, 540 Orono Orchard Road, to permit a variance to the rear yard setback to allow an existing deck to be enclosed 15.9 feet from the alley and to permit a covered porch to be constructed 44' from the alley where 50* is required based upon the recommendations outlined in the April 12,1999 Planner's Report. VOTE: Ayes 6, Nays 0. SKETCH PLAN REVIEW 15. #2469/2470 STEVE AND JO WEBSTER. 500 ORONO ORCHARD ROAD. SKETCH PLAN/ VARIANCE Steven and Jo Webster, Applicants, were present. Weinberger stated the Applicants are proposing a lot line rearrangement for properties located at 500 and 540 Orono Orchard Road. The Applicants are requesting that the City consider a l^^t line rearrangement, vacation of the alley, and variances to permit construction of a structure within the required yard setbacks. City Crxle requires a 50 foot setback to the alley, a 50 foot setback to the front yard setback, and a 50' setback to the side yard adjacent to the street setback. Weinberger remarked that there are a number of issues that need to be addressed regarding this proposal. The proposed structure would move the access point off of Dickenson and onto the alley. Currently only the propertly located at 540 Orono Orchard Road has access from the alley. The alley was not constructed in the location where it was originally platted. Weinberger commented that there does appear to be adequate space to back out of the proposed garage and into the alley. Page 17 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 <#2469/2470 Steve and Jo Webster, continued) City Staff could support additional structure on the property based on the fact that the Applicants are proposing to remove an existing garage which is currently located partially on Dickenson Street. Staff could support an alignment that would allow for a shorter distance than required between the new garage and the alley in that City has approved similar requests In the past. However, Staff is not in support of allowing structures to be located on a property line as proposed by the Applicant. Lindquist commented that if the alley is vacated, It does allow for more options. Currently the Applicant is looking at a three foot setback from the alley. Webster inquired whether the alley can legally be replatted. Lindquist stated the proper process must be followed for a lot line rearrangement, noting that he would probably vote to deny the application as presented tonight. Weinberger commented the Planning Commission could vote on the variances with the understanding that the alley may be vacated in the future. Webster stated he did not want the alley to become an obstacle in this proposal. Mr. Larson indicated he is willing to work with the Websters, noting that he does not feel he should incur the cost for vacating the alley. Smith commented that there are Issues to this application that are troublesome and need to be resolved. Hawn remarked that the alley issue should really be resolved first. Hawn indicated in her view the proposed structure is located too close to the alley. Smith indicated she was in agreement with Hawn. Stoddard remarked that the Planning Commission would probably look at this application differently if the alley were replatted. Berg stated that the Planning Commission can only deal with what is presented tonight. Gaffron remarked that the alley could be replatted, but the Applicants might incur some expense if utilities need to be relocated. Gaffron commented that this appiication is proposing to remove an existing garage that lies within the right-of-way and reiocate it near the aliey. If the alley is not relocated and the Applicants use the aliey to back up, it may create some visibiiity issues. Webster commented that in 1993, the Pianning Commission had passed a variance for the building which is now located on the City’s right-of-way, and this proposal is improving what currently exists. Berg stated she would like to see some written documentation on that variance before she would take it into consideration. Lindquist commented that the way the application is being presented tonight, it will probably be denied. Hawn inquired whether the Applicants would like the Pianning Commission to go ahead and vote on this appiication or whether they would like it to be tabled to allow them additional time to revise their Page 18 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2469/2470 Steve and Jo Webster, continued) plans. Webster indicated he would like the Planning Commission to table the application and would consent to waiving the 60 day limit. Lindquist moved, Smith seconded, to table Application #2469/2470, Steve and Jo Webster, 500 Orono Orchard Road, to allow the Applicants time to submit revised plans and to extend the 60 day time limit. VOTE: Ayes 6, Nays 0. 16. #2476 CHRIS DIESEN, 1100 TOWNLINE ROAD, TWO LOT SUBDIVISION SKETCH PLAN. Chris Diesen, Applicant, was present. Weinberger stated the Appiicant is proposing a two lot subdivision for property located at 1100 Townline Road. The property consists of 13 plus acres in size, with 11 acres being dry buildable. The existing reside.nce will remain on the property following the subdivision. The Applicant is proposing to split the property up to create two lots, both of which will exceed the five acre minimum for this district. Weinberger stated variances are required to lot width for both lots, and the existing septic system on the property has been determined to be non-conforming. Septic testing needs to be completed on the south property with two suitable septic sites being identified. Septic testing has been completed on the northern lot with two sites having been identified. However, one of the site locations may be in conflict with the proposed driveway. Dieten stated he has had both sites tested and one site has been determined to be suitable on the southern lot. Weinberger indicated there would be a shared driveway for this subdivision and easements would need to be granted. Mr. Diesen commented there should not be a problem with the shared driveway as it will be family members residing on both lots. Weinberger stated that the wetlands still need to be delineated, but otherwise this appears to be an acceptable plan. Stoddard commented that the Applicant should try to avoid any variances to side yard setback. Diesen stated that some sites were tested but were slightly over the six percent grade. Hawn inquired what the difference is between a seven percent grade and a six percent grade as far as septic is concerned. Gaffron remarked that they are not substantially different, but the City elected to go with a six percent grade some years ago. Gaffron stated that the septic sites are likely to be approved by Steve Weekman. Hawn stated that the Applicant should continue to work with City Staff regarding this application. Page 19 — ---- ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (#2476 Chris Diesen, continued) There were no public comments. Stoddard commented that the Applicant may want to look at the lot width to see if variances could be avoided. Lindquist suggested the Applicant limit it to one curb cut and no side yard variances. PLANNING COMMISSION COMMENTS items 17,18 and 20 follow Item 19. 19. PLANNING COMMISSION APPROVAL OF MINUTES FOR MARCH 15.1999 Lindquist moved, Schroeder seconded, to approve the minutes of the March 15,1999 Planning Commission meeting as submitted. VOTE: Ayes 4-0-2, Berg and Stoddard Abstained. 17. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON MARCH 22,1999 AND APRIL 12,1999 Smith Indicated she attended the March 22nd City Council meeting, but it was not reflected In the minutes. Lindquist stated he attended the April 12,1999 City Council meeting, and the application concerning Big Island was tabled pending a new lot line rearrangement. 18. OTHER ISSUES FOR DISCUSSION Hawn Inquired whether Gaffron thought the Planning Commission should attend the session entitled Comprehensive Plan Review - Do You Know Everything You Need to Know. Gaffron encouraged the members to attend if possible. Gaffron stated with the staffing shortage being experienced at the present time he will not be able to complete work on the City's comprehensive plan by the end of June as had been hoped. The City has hired an interim who is expected to start work the beginning of May, which wilt provide some relief until a second assistant zoning administrator is hired. In response to Planning Commission queries as to how they might help with the Comprehensive Plan, Gaffron remarked that it would be helpful if the Planning Commission members would comment on issues they would like to see addressed or revised in the comprehensive plan. Moorse is preparing a list of questions for discussion. Gaffron also suggested that a Planning Commission subcommittee be formed to review this issue. Gaffron noted this would be the first major revision to the City's comprehensive plan since 1980. Schroeder inquired how this revision might affect Orono. Gaffron commented that the City Council's view of this revision is to merely make a slight ten Page 20 ' I ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999(Comprehensive Plan, continued)degree correction to what currently exists and not to do a major revision of the comprehensive plan.Schroeder stated that this would be a great oppotunity for the members of the Planning Commission to become familiar with the comprehensive plan. Gaffron stated that the City Council would like to have the Planning Commission involved Iri th'^ process and would like the Planning Commission to follow the recommendations contained in the comprehensive plan as much as possible. Richard Flint, City Council Representative, stated that it is the desire of the City Council to have the Planning Commission participate in the revision and invited the Planning Commission members to attend their Thursday morning workshop meetings to discuss this issue. Hawn expressed some frustration over the fact that the Planning Commission has been consulted in the past on previous zoning code revisions and no final vote has ever been taken by the City Council on the finished product and they have not been given any insight on whether their Input has been useful or not. Flint stated that the City Council has heard similar concerns by the Park Commission that their input is not really heard. Hawn commented that the home occupation ordinance is one example where the Plannii^ Commission reviewed the information and gave their input but nothing definite was ever done regarding the ordinance. Berg commented that she would like to see resolution of some of these issues and will continue to review any upcoming issues in the interests of the community. Schroeder stated that he understands that the Planning Commission acts as a recommending b^y to the City Council, but that the members of the Planning Commission really need to be Informed as to what is contained in the comprehensive plan so they are able to act with authority on the applications. Lindquist commented he would like some feedback on the input by the Planning Commission as well. Stoddard stated that in his view the Planning Commission should be involved in this process and commented he was In agreement with a subcommittee being formed to review this issue. Hawn remarked that it Is the goal of the Planning Commission to be as effective and useful as possible to the City. Flint Indicated that the City Council does not rule with a single voice and that the members of the City Council do look at whether these applications have been passed by a unanimous vote or not and the various concerns raised by the Planning Commission when a vote is taken on them. Lindquist stated that he would be willing to attend the Thursday morning workshops If this item is scheduled to be discussed. Schroeder stated he would like the City Council to consider a subcommittee for this item. Page 21 ORONO PLANNING COMMISSION MINUTES FOR APRIL 19,1999 (Comprehensive Plan, continued) Gaffron stated that the Council work sessions are providing direction from the City Council on the comprehensive plan. Once the Council's specific goals or objectives are established, then the Planning Commission could be consulted to provide their input on the proposed revisions. Hawn, on behalf of the Planning Commission, extended her thanks to Charles Schroeder for his many fine years of service on the Planning Commission. 20. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON APRIL 26,1999 AND MAY 10,1999 April 26 • Lindquist May 10* Hawn ADJOURNMENT Schroeder moved, Hawn seconded, to adjourn the meeting at 10:42 p.m. VOTE: Ayes 6, Nays 0. Elizabeth Hawn, Chair Page 22