Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08-17-1998 Planning Packet
Public A ttendance f- /7- 91Meeting Date □ □ Council Planning Commission Park Commission O ther ;»»OOTaff NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. ■> \<Al\xJei 3._222— 4/V/Cr^ -L£. 7 hS \~oRe^T M S>H/0 fU/ r\f^Idfi o n £/A/yJ 4-a,/z4^d^/^eoe.e f^c- \l LB£limii'____SfS~ C\cnOf^ KJ ORONO PLANNING COMMISSION Monday, August 17,1998—6:30 p.m. 2780 Kelley Parkway-Council Chambers AGENDA Council Representative: Mayor Jabbour 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 agen-'a, they will be scheduled for the September 14,1998, City Council meeting unless otherwise noted by the Chair. ♦ OLD BUSINESS: CONTINUATION'OF i ’?JLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. 1.#2389 2. #2390 3. #2395 Daniel J. Kluth, 2801 Fox Street, Conditional Use Permit, (Staff: Paul Weinberger). David Rahn, 1385 Rest Point Road, Variance. (Staff: Liz Van Zomeren). Brent Bentrott, 1453 Park Drive, Variances. (Staff: Liz Van Zomeren). SCHEDULED PUBLIC HEARINGS: 7:00 p.m. 4.#2408 Mike Hilbelink, on behalf of Ted Wolf, 900 Willow Drive North, Lot Line Rearrangement. (Staff: Liz Van Zomeren). NEW BUSINESS: PUBLIC HEARINGS 5. 6. #2391 #2398 7. 8. #2399 #2401 9. #2402 Evan Anderson, 1260 Spruce Place, Variance (Staff: Paul Weinberger). Wayzata Country Club, 200 Wayzata Blvd., Conditional Use Permit/Land Alteration. (Staff: Mike Gafffon). Muriel Senn, 4448 North Shore Drive, Variances. (Staff: Liz Van Zomeren). Thomas & Margaret Radke, 3424 East Lake Street, Variances, (Staff: Paul Weinberger). Glenn Sauer, 4104 Highwood Road, Variance. (Staff: Paul Weinberger). 10.#2403 11.#2404 12.#2405 13.#2406 14.#2407 15.#2409 16.#2410 Terry Clark, 1575 Long Lake Blvd., Variance. (Staiff: Liz Van Zomeren). Otten Brothers Nursery, 2350 West Wayzata Blvd., Commercial Site Plan Review/Variances. (Staff: MikeGaf&on). George Kalweit, 4265 Forest Lake Drive, Variances. (Staff; Paul Weinberger). Gerald & Sandra Erickson having an interest in 2683 Casco Point Road, Variances. (Staff; Paul Weinberger). Lane and Kelly Moore, 3438 Livingston Avenue, Variances. (Staff: Paul Weinberger). Gedney and Emily Tuttle, 1225 Shoreline Drive, Variance. (Staff: Paul Weinberger). Peter Boynton, 1973 Fagemess Point Road, Variances. (Staff; Liz Van Zomeren). ZONING AMENDMENT 17. #XXXX 18. #XXXX City of Orono, Interim Use Ordinance, Zoning Code Amendment re: the establishment of standards for temporary uses. City of Orono, Industrial District, Zoning Code Amendment, to revise the use list. PLANNING COMMISSION COMMENTS 19. Report of Planning Commission representatives attending Council nieetings on July 27,1998 and August 10,1998. 20. Other issues for discussion. 21. Planning Commission approval of minutes for July 20,1998. 22. Selection of representatives for City Council meetings on August 24,1998 and September 14,1998. ADJOURNMENT / TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:August 14,1998 SUBJECT: #2389 Daniel J. Kluth 2801 Fox Street Conditional Use Permit—Variance-Public Hearing The applicant has requested this item be tabled until the Planning Commission and City Council review how the City intends to regulate plumbing in accessory structures. This application has been extended an additional 60 days, resulting in an October 15.1998 deadline. * I % i .4 • i TO: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator August 10,1998 SUBJECT: #2390 David Rahn 1385 Rest Point Road Variance-Public Hearing Zoning Dbtrict: LR-IB Lot Area: One Family Lakeshore Residential District (1 acre) 14,663 sq. ft. (.33 acres) Application:The applicant appeared at the July Planning Commission meeting requesting a hardcover variance to construct a 24' x 28' garage and sidewalk in the '75 - '250 setback. The Planning Commission recommended denial of the requesi on a 6-0 vote. The application was considered by the City Council on July 27 ih. The City Council instructed the applicant to redesign the garage and have the revised plan reviewed by the Planning Commission. The revised plan is for a 22' by 24' garage that has storage below the parking level with a lakeside door for equipment. The revised hardcover request is for 32.55% as calculated based on Council direction to limit total hardcover to 25% of the setback in the 75'-250' setback. The original plan was for 39.67%. The original plan was for a larger garage with a turnaround area and doors that faced the side yard. The revised plan is to have the doors face the street with the structure 17.1' from the property line. The revision requires a street yard setback because the garage is less than 30' from the street. However, if the garage were located to meet the street setback, it would encroach into the floodplain area of the lot. Pertinent Ordinances: Section 10.24.5(B) LR-IB, One Family Ledceshore Residential District #2390 David Rahn 1385 Rest Point Road July 20.1998 page-1 Section 10.22 Subd. I and 2 Section 10.56,16, (L) 1. and 2. Section 10.03, Subd. 9, D. ANALYSIS Lot Area and Yards LR'IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1 acre 140 ’30’10’75’ and ALS Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 14,663 sq. ft. (.33 acres) 89.86’17.1’ to new garage 10’ for proposed garage 33’ Variances were granted last year for side yard setback and lakeshore setback. The proposed garage has doors that face the street. On a lakeshore lot, a detached garage may be 10' from street property line if the doors face the side yard. A street yard variance is required to locate the garage closer than 30’ to the street property line. The proposed garage complies with structural coverage limits. #2390 David Rahn 1385 Rest Point Road July 20,1998 page-2 ) I Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0 ’-75’6,750 sq. ft 1,320.75 (19%) None 1,320.75 sq. ft.(19%) Granted in 1997 75’-250’7,913 sq. ft.792.sq. ft. (10%) i 1,978.25 (25%) 2,576 sq. ft.* (32.55%) 597.75 sq.ft. (7.5%) The applicant is asking to add the following: 22’ X 24’ Garage Driveway Garage Apron 3’ X 94’ sidewalk 528 sq. ft. 352 sq. ft 57 sq. ft. 282 sq. ft. Total amount of new hardcover:1,219 sq. ft. (15.4%) The amount of hardcover proposed in the 75'-250' setback exceeds the 25% limit. The City Council directed that the hardcover in the 0’-75’ setback (1,320.75 sq. ft.) be subtracted from the allowed hardcover in the 75’-250’ setback. The amount of total allowed hardcover on the lot is 25% of 7,913 sq. ft. which is 1,978.25 sq. ft. A hardcover variance is required. STATEMENT OF HARDSHIP The applicant has indicated that they currently do not have any storage for vehicles and no basement. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. #2390 David Rahn 1385 Rest Point Road July 20,1998 page-3 The property can continue to be used without a garage. However, the previous seasonal cabin has been changed into a year round residence. It may be considered a hardship to not have a garage on the property, however, the applicant was instructed that ^ture hardcover would be limited 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The situation is created by the existing amount of hardcover that was built into the 0-75' setback area which is credited against the 75 ’-250' setback. The applicant chose to not build the house and garage at the same time. 3. The variance, if granted, will not alter the essential character of the locality. The variance will increase the amount of hardcover on the lot. Most of the properties in the area have garages. 4. 5. 6. 7. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The zoning lots in this area do not meet lot width and lot area standards. All of the lots are subject to the same hardcover limits but most were constructed before the existing requirements. The subject lot also has a portion of the lot located in a floodplain, however, this does not impact the siting of the garage. The conditions do not apply generally to other land or structures in the district in which said land is located. The other lots in the area are subject to the same conditions, however, the amount of hardcover on this lot is subject to the conditions of the previous resolution. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant will need to provide testimony that he has a substantial interest in having a garage. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. #2390 David Rahn 1385 Rest Point Road July 20,1998 page~4 The garage will provide enclosed vehicle storage and storage for household goods that would otherwise be stored in a basement. Issues 1 . The lot does not meet lot width or lot area requirements. 2. Previous variances were granted for side yard setback, lakeshore setback, and hardcover in the 0'-75' setback. 3. A conditional use permit was previously granted to construct a portion of the house in the floodplain. 4. The amount of hardcover allowed in the 75’-250 ’ setback is to be reduced per resolution by the amount of hardcover allowed in the 0'-75'. The amount of hardcover requested for the new sidewalk, garage, and driveway exceeds the City Council's original directive. 5. The Zoning Code allows that a detached garage may be located 10 ’ from the property line on a lakeshore lot if the doors face the side yard. The original proposal was for a turnout area with doors facing the side yard. The revised proposal is for a garage to be located closer than 30 ’ to the street with a street facing door. 6. The Bui Iding Inspector has indicated that fill was placed in the floodplain during construction between the house and the street to most likely dlow trucks to have access to the building site. The Inspector has indicated that if a sidewalk is built from the garage to the house, it should be built at the original grade which means it may be seasonally flooded. 7. Another issue raised by the Building Inspector is the removal of dirt for construction of the garage. The dirt should not be placed in the floodplain. STAFF RECOMMENDATION The Planning Commission should discuss the revised plan and the issues with the sidewalk and garage and impact on the floodplain. Attachments #2390 David Rahn 1385 Rest Point Read July 20.1998 page~5 r HiJj-04-19SS os: 11 P.02 0? VmsSb # O V \ To be. fejnr^oVcd \ « ' / se4bftdt / ^ T<M\ lofoj^* •V -Vl^zo' AUG-04-1933 0:5:11SETBACK ZONE: (CmCUl ONE) 0-7S* <[7^250^£2gSxds G HARP-COVER IN ZONEA. Hoij. y^^Zi X _______’ ’ 250.500’WHO,B C. /t_ iZ=. D. Side walk I E. Pacld/Dcck F. Laadbcape Uod^rlaln By Or F^rlc O. Othtf /%7 X I TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 2L//^ : +xIOO PROPOSED lURDCOVER IN ZONE A. Hodse /t D ri ! Uaitfi WUib B. Gar 13s C. Drlleway D. SIdeWalk ^ E. Patid/Dcck P. Landkctpe Uadtrlain By Plastic Or Fabric f O. outer ^ TOTAL HARDCOVER JN ZONE TOTAL PROPERTY AREA IN ZONE ____- ^ s. B ^*9/3 X IQO 5O0-1CO0'/3Z-/ ii TLC^ I ^-7 3z: s. s. Z66-0N 20/20-[G IS-ZO S6/L2/Z0 0L£0£Zt7EL9 ^ONOaO ^Z390 T)o^^^d Rohn 1^6 Rest-Poi^f Road •r;-r mm- t ry- - -.V-r.^ •V'V % • • I IV V >- *4 %, «l W p ‘1 ^ P. ^ > f f ' r- -• < !a"> .^ 7 ':■ .*• VW''-.-- ' "wrxJ'-i* ivi. . *• • /J .V- no ELEVATION OJ ••s I 3I S•I O 8 CL .1!h- O I- 8 ’1 I LAKESIDE ELEVATION i i ! CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION No. 2390 NOTICE OF COUNCIL ACTION Date of Notice: July 2S, 1998 TO: David Rahn 1385 Rest Point Road Mound, MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 7/27/98 VOTE:5 FOR 0 AGAINST COUNCIL ACTION - MOTION: Send back to Planning Commission on August 17, 1998. Send 60 day extension. Meet with staff to determine best plan. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. GlTYof ORONO MunJdpml Offices StTMt Address: 27S0 Kelley Parlmsy Orono, MN 55356 MalNag Address: P.O. Box 66 Cfystel Bay. MN 55323-0066 David Rahn 1385 Rest Point Road Mound, Minnesota 55364 NOTIFICATION OF 60 DAY EXTENSION State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application was submitted on June 19.1998 and was considered complete on July 3.1998. The 60 day review period expires on September 1.1998. The City Council referred your application back to the Planning Commission on August 17,1998. New information regarding your garage plan should be discussed with staff before August 6th. If the Planning Commission acts on your item on August 17, then you will be scheduled for the August 24th City Council meeting. If your application is tabled either by the Planning Commission or City Council, the 60 day review period will be extended. If you have questions, please call me at 473- 7357. Sincerely, Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch Tdepbone (612) 473-7357 • FAX 473-0510 1 ( CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 2390 NOTICE OF COUNCIL ACTION Date of Notice: July 28, 1998 TO: David Rahn 1385 Rest Point Road Mound, MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 7/27/98 VOTE:5 FOR 0 AGAINST COUNCIL ACTION - MOTION: Send back to Planning Commission on August 17, 1998. Send 60 day extension. Meet with staff to determine best plan. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. >. [I__ REQUEST FOR COUNCIL ACTION DATE: July 22. 1998 ITEM NO.: 13 Department Approral: Name Liz Van Zomeren Title City Planner Administrator Reyie»ed:Agenda Section: Zoning Item Description:#2390 David Rahn 1385 Rest Point Road Variance-Direction to Staff re: Resolution Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) Lot Area:14,663 sq. ft. (.33 acres) Application:The applicant is requesting a hardcover variance in the 75'-250' setback to construct a 672 sq. ft. garage with a retaining wall and driveway with a turnaround. The applicant received variances in 1997 for side yard setback, hardcover in the 0'-75* setback, and lakeshore setback to allow the cabin to be built into a year round residence. A conditional use permit was also granted to allow land alteration because part of the lot is located below the floodplain elevation. In granting the multiple variances and conditional use permit, the CiQ^ Council stated in the resolution that the amount of hardcover in the O'-75' setback would be subtracted from the 25% allowance in the 75'-250’ setback. The amount of hardcover in the 0'-75' setback is 1,320.75 sq. ft. The allowed amount in the 75'-250' setback is 1,978.25 sq. ft. The amount of new hardcover allowed in the 75'-250' setback is 8.3% or 657.5 sq. ft. This amount is less than the proposed garage and driveway. PLANNING COM\nSSION RECOMMENDA'nON: The Planning Commission recommended on a 6-0 vote to deny the requested variance. COUNCIL ACTION REQUESTED: To direct staff regarding preparation of a resolution. 1 TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator July 13,1998 #2390 David Rahn 1385 Rest Point Road Variance—Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area:14,663 sq. ft (.33 acres) Application:The applicant is requesting a hardcover variance in the 75-250' setback to construct a double garage, retaining wall, and driveway. The applicant requested previous variances last year to change a cabin into a residence. (See File U 2248). The following variances were granted in 1997: 1. Side yard variance to allow a second story addition 5.3* from the south property line where 5.3’ was existing and 10' is required. 2. A hardcover variance in the 0'-75' setback of 19% where none is allowed. The amount of hardcover allowed in the 0'-75' setback is to be subtracted out from the total amount allowed in the 75'-250' setback. 3. A lakeshore setback variance to allow the cabin to be remodeled in place where the cabin encroached into the required 75' setback. A conditional use permit was granted to allow for land alteration in the ________________0'-75' setback. A portion of the lot is located below the flood plain elevation. Pertinent Ordinances: • Section 10.24.5(B) LR-IB, One Family Lakeshore Residential District #2390 David Rahn 138S Rest Point Road July 20, 1998 pagc-I Section 10.22 Subd. 1 and 2 Section 10.56,16, (L) 1. and 2. Section 10.03, Subd. 9, D. ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1 acre 140’30'10’75' and ALS Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 14,663 sq. ft. (.33 acres) 89.86'18' to new garage 5.3' on south 33’ Variances were granted last year for side yard setback and lakeshore setback. The proposed garage has doors that face the side yard. On a lakeshore lot, a detached garage may be 10' from street property line. Structural Coverage Total Lot Size Total Structural Coverage Allowed Percentage 14,663 sq. ft.2,199.45 sq. ft. (15%) House & Decks=l,320.75 Garage=672 Total=l,992.75 sq. ft. (13.5%) The proposed garage complies with structural coverage limits. #2390 David Rahn 1385 Rest Poim Road July 20,1998 page-2 Hardcover Distance from Shore li:e Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0 ’-75’6,750 sq. ft 1,320.75 (19%) None 1,320.75 sq. ft.(19%) Granted in 1997 75-250'7,913 sq. ft.792. sq. ft. (10%) 1,978.25 sq. ft. (25%) 2,104 sq. ft. (26.5)% 1,312 sq. ft. (1.5%) The above hardcover table is calculated for each setback, as staff normally does for hardcover variances. In the City Council resolution, however, approving the conditional use permit and variances, the Council directed the applicant that future hardcover would be limited to the amount of hardcover in The table below shows the allowed hardcover based on the direction provided in Resolution #3926. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'6,750 sq. ft 1,320.75 (19%) None 1,320.75 sq. ft.(19%) Granted in 1997 75'-250'7,913 sq. ft.792. sq. ft.* (10%) 1,978.25(25%) -1.320.75 657.5 sq. ft. (8.3%) 3,797 sq. ft. (47.98%) 657.5 -3.797 3,139.5 sq. ft. (39.67%) ♦ The applicant is indicating that there is 792 sq. ft. of existing hardcover consisting of a shed, rock driveway, and play fort. When staff calculated the hardcover in 1997 for the other variances, only the shed was counted at approximately 100 sq. ft. The play fort and driveway were not identified on previous worksheets. The existing hardcover at 10% exceeds the amount allowed by resolution. #2390 David Rahn 1385 Rest Point Road July 20,1998 page-3 The applicant is asking to add the following: 24' X 28' Garage 672 sq. ft Driveway 1,152 sq. ft. 4' X 70' sidewalk 280 sq. ft Total amount of new hardcover:2,104 sq. ft. (26.5%) The amount of hardcover proposed in the 75'-250' setback exceeds the 25% limit by 1.5% or 125.75 sq. ft. The City Council directed that the hardcover in the 0'-75' setback (1,320.75 sq. ft.) be subtracted from the allowed hardcover in the 75'-250' setback. Therefore, the applicant is asking for 3,797 sq. ft. total hardcover on the site which is measured against the 7,913 sq. ft of lot area in the 75'“250' setback which represents 47.98%. This is contrary to the City Council's directive. STATEMENT OF HARDSHIP The applicant has indicated that they currently do not have any storage for vehicles and no basement. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable.use if used under conditions allowed by the official controls. The property can continue to be used without a garage. However, the previous seasonal cabin has been changed into a year round residence. It may be considered a hardship to not have a garage on the property, however, the applicant was instructed that fature hardcover would be limited 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The situation is created by the existing amount of hardcover that was built into the 0-75* setback area which is credited against the 75-250* setback. The applicant chose to not build the house and garage at the same time. 3. The variance, if granted, will not alter the essential character of the locality. #2390 David Rahn I38S Rest Point Road July 20.1998 page-4 The variance will increase the amount of hardcover on the lot. Most of the properties in the area have garages. 4.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The zoning lots in this area do not meet lot width and lot area standards. All of the lots are subject to the same hardcover limits but most were constructed before the existing requirements. The subject lot also has a portion of the lot located in a floodplain, however, this does not impact the siting of the garage. 5.The conditions do not apply generally to other land or structures in the district in which said land is located. The other lots in the area are subject to the same conditions, however, the amount of hardcover on this lot is subject to the conditions of the previous resolution. 6.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The cqjplicant will need to provide testimony that he has a substantial interest in having a garage. 7.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The garage will provide enclosed vehicle storage and storage for household goods that would otherwise be stored in a basement. Issues 1. The lot does not meet lot width or lot area requirements. 2. Previous variances were granted for side yard setback, lakeshore setback, and hardcover in the 0'-75 ’ setback. 3. 4. A conditional use permit was previously granted to construct a portion of the house in the floodplain. The amount of hardcover allowed in the 75'-250 ’ setback is to be reduced per resolution by the amount of hardcover allowed in the 0'-75'. The amount of hardcover requested for #2390 David Rahn 1385 Rest Point Road July 20.1998 page~5 _ the new sidewalk, 24' x 28' garage, and driveway exceeds the City Council's directive. 5.Hie proposed hardcover amount includes a play fort and a shed. This increases the amount of hardcover by 132 sq. ft. 6.The Zoning Code allows that a detached garage may be located 10' from the property line on a lakeshore lot The amount of hardcover could be reduced if the garage was reduced in size and located closer to the street STAFF RECOMMENDATION To discuss the issues, review the previous resolution, and direct applicant regarding the size and location of the garage to meet the City Council's limit of657 sq. ft. of new hardcover in the 75'-250' setback. A 20' x 20' garage would be 400 sq. ft. i^frich would leave only 257 sq. ft. for driveway and sidewalk. Attachments A B C D E F vj H I J K L Application Location Map Plat Map Applicant's Sketch Topographical Map Survey Hardcover worksheets Garage Sketch Minutes Resolution Permit Record Property Owner's list #2390 David Rahn 1385 Rest Point Road July 20,1998 page-6 Application # Date Received L ' Amount Paid g?:S7?.o< CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) . Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) 8 >s 8 §8 PROPERTY INFORMATION ^ i Site Address J^OAGf Property Identification Number (PJ.D.) ^"7 - »- 3^ *•' J f Attach legal description to application if not included on required survey. Date Property Acquired I (do)^b not)^so own the'^jacent parcels of land. Presentuse ofproperty: "presidential ___other (specify). Zoning District: \ JR________________________ (month/year) APPLICANT Name Jj^u/n Sa Ju L Phone (home ) m Phone (^^oric ) Address: City ^^^^>o^Zip:<C^^ OWNER (if different Aan applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ , Describe request in detail: >C/JlrO^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front bide Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditioiw preventing compliance with Zoning Code requirements: A akal ______ :2AC^q ^ (attach additional sheets if necessary) J REQUIRED SUB^^TTALS 4. 5. 6. 7. AH .of thg following information must be submitted bv the annligiitlnn deadline dat» Prdtr for vour application to he considered complete; Completed Application Form Certified Property Owners List of ov,-ners v^ithin 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i" x 11" for reproduction. l opographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8‘/a" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 8'A" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Properly Owner must sign this application. Please remember that vour variance application is not complete if the above information haa not been inclmied. * I . APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) Md/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signature Uj ---- Date 8. mL OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Bufiding & Zoning Office of this change prior to the meeting. 8 \ 10* 2rc:toack*ft>r . DESCRIPTION OF PREMISES;™!.a X’tSS,s's ts’,i‘s, SAtnss Lot 15, distent 75 feel Northeosterly from' the Southeast- «rly eofw of sold Lot 23; thence Northweeterly to thS >2 ‘ 22: •hence Northweeterly on o line ofmng w ongle of 74 degrees S5 minutes with the Eosterly line of said Lot 22, to the shore of Loks Minnetonko, end there ending. vey intends to show the boundories of the above :ments or encroachments. 7 « B. Garage C. Driveway X X S.F. S.F. X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. ■Petio/Deck X X 3/5'S.F. S.F. F. Laxidsaq)e Underlain By Plastic A X S.F. S.¥. S.F. G. Other .S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPER rY AREA IN ZONE t3'z. i____ + B X 100 • • S.F. - - .S.F. “79------% PROPOSED HARDCOVFR IN ZONE A. House X S.F. Length Width X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. F. Landscape Underlain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B S.F. S.F. X 100 % A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARProvgP ^ A. House /^r 75-250'250-500' Length Width /3Z./ ^h€c/B. S*i^<ge ____________ C. Driveway>Cg^>>i /7_ X X X D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic X X X X X X* X X X 6 TOTAL HARDCOVER IN ZONE TOTAL PROPER nr AREA IN ZONE JSLiUi B PROPOSED hardcover in 70NE A. House_____________ Leqgth Width X X X B. Garage ^ ^ C. Driveway ZTK~ D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic V' X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ----------- B ^6 X 100 X 100 iTrhl ^ Z-7^7 -f/y^3x)L. = . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _____S.F. ■ .. S.F. -7 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B A B % SfCkPf M6K^ 28 ‘0.000* 8 8 (M S'CDOR 2-14‘LVL t€AOEJR J6XB O.H. DOOR TRUSSES 2’O.C. S»€ATN1NB i 4- i‘?H^®Er&ToOTINO X*. MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD on JUNE 16,1997 (f/8 - //2247 Wayne Holmes - Continu^. sss^sssis: submitted to staff prior to construction. The applicant asked if a separate permt was required for the retaining walls. GafiBron said it would be part of the building pennit approval. Vote: Ayes 5, Nays 0. (#9) #2248 - DAVID AND JODI RAHN, 1385 BEST POINT ROAD - VARIANCE - PUBLIC HEARING 8:40-9:02 P.8L The Affidavit of Publication and Certificate of Mailing were noted. The Appheant was present Van Zomeren reported that the application is a proposal for con^rton an existing cabin to square off the residence and The .3 acre property is located in the one acre zomng^ct. The ?n the 0-75' setback. A hardcover variance is required to mcr^ the I® 19%. Lot area and lakeshore setback variances are reqinrM. A Mnitional “» »» land aheration is required for any alteration or excavation in the plm an^5 setback ftom the shoreline. Van Zomeren reviewed the topography of the property noting that the shoreline contour is at the 924.9' elevation. The 930 TOntour lofiow the lakeshore; the 932' contour traverses the property, so the middle portion of the lot is considered to be in the flood plain. The concern is where the 931.5 elevauon is located. The applicant said he has lived on Wildhurst Trail since 1975. He noted that the five other homes west of this property is evenly setback as proposed for this residence. There were no public comments. Stoddardmquired what the Watershed District's comments were. Kahnsmdto Watershed did not require any nntigation for the entry, deck, and screen porch as there areWatershed did not require any mi m m ^ on post footings. Stoddard suggested rdocating the structure to l^en thev^i^ to move the structure b^d the 75’ setback would require use of a holdmg area m that setback. Stoddard noted that mitigation can occur elsewhere. e* • #• ••• • • minutes of the orono planning commission MEETING HELD ON JUNE 16,1997 ^ - #2248 Iiavid »nd Jodi Rahn - Contiimed) to get a good sense of the layou^d property after living there for a while ^^^rture garage would be outside the 0-75^SiMt the garage. He indicated the » said the stmcture would be located • **“'«!» appBcant plans on residing in this residence. She asked if he * twt^^oiy design rather than expanding out. Rahn said his neighbor ^hS^""™ P^POsad design is one stoiy Sh a ste^ • • * . • ® problem supportipg a plan with doubling hardcover in the 0-75 ’ and asked less impact m this setback. Rahn said the current house is 600 s.f and the minimum at 1,300 gross floor area. He noted the residence next door is 1 T!?*® has the same standards as currently exists.He noted a lot hne rearrangement m 1961 deemed the property buildable. There were no public comments at tlw time lindqmrt noted that buildable properties are allowed 15% structural coverage and the propose IS at 1328 s.f. Concern was voiced with the structure location in the 0-75' but Lmdquist noted there is no other location in which the structure can be located. • Lindquist moved, Schroeder seconded, to approve ^plication #2248 for a conditional . use p^t for l^d alteration for setback in the flood plain, hardcover at 19%, lakeshore setback as enstmg, and side setback if necessary. Sc^oedw inquired if a ade yard setback is required even though no changes are made due to tht on^nal van^ce required for the property. If necessary, a side yard setback \’ariance would be included in the above motion. • . .. . .. * • • * Vote: Ayes 5, Nays 0...** • • « 15 • « • • « mmrnmmt mm m • • ♦ • • MINUTES OETHEBEGULAROKONO CTIY COUNCIL MEJirriNG HELD ON J UNE 23,1997 (i^iO) i^247 WAYNE HOLMES, 1390 PAHK DBTVE - VA3EHANCE - RESOLUTION NO. 3919 . . ••• GfcS’on reported that the application is a request for ade setback and side street yard setback variances for construction of a detached accessory storage buDding. The buil^g as inhialty proposed would.be locate 2.5* from the unimproved dedicated ri^t-of-wy ‘ knoTvn as Forest Avenue. The ri^t-^jf-way is wooded and low land. It is a potential ’ access for Highwood Park. Staff and Planning Commission agreed that the 2.5' setback was inadequate. GaSon said the appficant has agreed to mamtah a 10* setback by angjing the building and removing 2’ from one side. This would allow the large oak tree to be saved but nti^t result in the loss of lilac bushes. Gaffiron said the iO' setback is ^ical of normal setbacks. .There is a 15* setback requirement for buildihgs of this size, but he feels a 5* vaiiance’is appropriate in order not to inq>act the tree. Additional grading or retsmztg wall would be reqmred to eliminate vxy impact. The applicant has proposed building a retaining wall. Gaffiron said the Planning Comnnsaon and Staff recommend approval of the amended plan. . Goetten asked how far the building would be from the o^ tree. Mrs. Holmes said they have reduced the bmlding by 2* to increase the separation. Gaffiron indicated that the tree would be 10-12* from the building. Jabbour asked if there was any reason to maintain the 60' nght-of-way. Gaffiron said there are no plans to improve the road, but h could be a potential park access in the future. • Goetteu asked that the applicants be considerate of the tree. Mr. Holmes said they will work around the root ^stem. Mrs. Holmes noted that the biuldiog is a pole bam and would be constructed on a floating dab. This should elintinate any problem for the oak tree. The applicant voiced satisfaction Twth the resolution « presented. Flint moved, Goetten seconded, to adopt Resolution No. 3919. Vote: Ayes3,NaysO. (#Uy#2248 DAYH) AND JODI RAliN, 1385 BEST POINT ROAD - VARIANCE Mr. Rahn was present / • ’. •• ».. . • . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 23,1997 (#11 - David and Jodi Rahn - Continued) Van Zomeren reported that the .3 acre property is located in the LR-IB Zoning District. The proposal is to add structure to an existing cabin located whhin the 0-75’ setback. The second story would require a variance to the side yard setback winch exists and is proposed at 5.3' and 1 O' is required. Lakeshore setback variance is required. Average lakeshore setback is not an issue as the structure is located behind that line. A conditional use permit is required for land alteration in the 0-75’ setback. Van Zomeren reviewed the topography of the property. The 932’ elevation line "wanders" on the property. The existing structure is located at the high point of the property. The flood plain is located behind the structure requiring a CUP for any alteration. The proposal b to square offthe structure which encroaches the 0-75’ setback. The hardcover in that setback would increase from 9% to 19%. Van Zomeren indicated the Planning Commission recommended approval of the side setback and hardcover variances notii^ that improvmnents arc limited to an area behind the existing lakeside setback an additional half-story. Th^ also recommended approval of the CUP for land alteration. Goetten asked the applicant if he had considered moving the addition to the rear of the structure in order to get out of the 0-75' setback. Rahn said be met with the Watershed District. He said hb design was an attempt to gmn a favorable response from the Council. He indicated that moviqg the structure back would result in building b the 931.5' elevation which is the flood plain. The plan as presented would not reqiure mitigativ j of the flood plam as the additions would be built on posts. Rahn said the plan is an attempt to restore the existing structure. He thou^t the Council would be less receptive to a plan involvii^ alteration of the flood plain. • Goetten said her concern is with dr tne hardcover m the 0-75' setback with any new construction if there are other alternatives to conrider. Rahn mdicated that only one-third of the new hardcover is livtd}le spacer the reroabder b decking. He said he tried to keep the structure compact and only squared the structure off The screen porch and decking b onty 8'wide. • •* • • * * • Goetten asked if Rahn discussed addbg to the rear of the structure with the Watershed. Rahn said he did. He met with Tim Hafiier of the Watershed District He said tbs recommendation b possible but would occur b the lower area of the lot and require m^or alteration of the flood plab. Rahn said the home is located sbularly on the lot tritb other homes b the neighborhood and b the only uiumproved rite. minutes ofthebegularorono crry council meeting held on JUNE 23,1997 (#11 - #2248 David and Jodi Rahn • Continued) .. Rahn said the only other option is to place the structure in the middle of the flood plain vvhich would rcqinre mitigation. He reiterated that no mitigation would be required m squaring off the structure. Jabbour asked the Council for th<3f opinion. Goetten said die would not approve additional hardcover in the 0-75* setback. Jabbour noted the applicant had suggested elimination of the decks which would dewease the hardcover from 1320 s.f. to 1018 s.f. Rahn said he has sold his other home and his family plans on liwng here year around. He also indicated that he will be planning on adding a garage in the future. Jabbour and Goetten both informed Rahn that structure in the flood plain is less of an issue than stmeture m the 0-75 ’ setback. Rahn said his dream is to restore the cabm and suggested ^immating the deck and maintaining the screen porch as planned. infonned that the S-xir is to be located on the north side of the structure. Jabbour said there is 60 si. of existing deck and 252 si total of decking. Eliminating this de -king and maintaining tlie screen porch would result in 1068 s.f. of structure. The structure would be increased from 540 s.f. to 840 s.f. with a 132 s.f. porch. Jabbour indicated that he is only considering this option because the stnicti^e is minimal in size noting 1500 s.f. is normally allowed. The option would also nwintain the structure out of the flood plain and would be serviced with sewer. Jabbour said this situation CTeates a true hardstnp. Jabbour moved to approve Application #2248 based on the hardships and rewoning as stated with the removal of decks as proposed by the applicant in order to facilitate the application. The motion failed due to lack of a second. Goetten said she could not vote in favor of the motion and noted that the apphcation could be heard in front of a full Coundl. Rahn indicated that the guidelines have not changed since 1983 when the adjacent prooerty was permitted 29% hardcover. Jabbour said he recognized the Chy made a mistake at that time. Rahn indicated that time is of the essence in providing ahome for his family. Goetten said she would be willing to table the apphcation to the meeting of July 14. Goetten moved, Flint seconded, to t^le Apphcation #2248. Vote. Ayes 3, Nays 0. • • • • MINUTES OF THE BEGULAR ORONO CITY COUNCIL ^IEETD^G HELD ON JULY 14,1997 (#4 - #2245 Donald Currier, Jr. - Continued) Currier informed Flint that the antenna could not be nested or raised m the location required due to the trees. He noted the survqr shows the trees plotted that are affected 1^ the antenna and the tree cover then drawn in. , * . . • . . * ? • Jabbour noted that the ability to have a nested antenna is more visibly attractive than an •• that must be fully extended at all times. Currier said trees would still have to be removed to allow for the fiilly extended antennal Jabbour was informed that the nwghbor in whose yard the antenna would fall, if it would topple, gave his approval. Flint questioned why the antenna cannot be moved 15* further along the same line noting the surv^ does not indicate trees in that area. Currier said the tree cover is located there and would result m the loss of a lotus tree. Jabbour was informed that the horizontal width is a 34' maximum with a 20* long boom. . Flint was told that the antenna is directional motorized by a rotor. In answer to the question of how close the neighhoris structures are to the north property line, Moorse said a letter indicates that the area is uqgroomed without any structures. Kdley questioned what would happen if that property owner wanted to build a garage in that location. Currier said the nei^bor told him he could put the antenna on the property line if he wanted to. Goetten reported that if the ndghboring property was sold, the antenna could create problems for the new owner. Kelley suggested a call option be placed on the antenna if that were to occur. Barrett indicated that this would be difdcuh to enforce. Peterson was informed that there were a couple other antennas in the City and no problems have been reported. The onty other retractable antenna that was on a property in the City was remov^ when the resident moved. Jabbour said he feels the retractable . antenna is a great idea. Currier indicated he would like to maintain the trees to lessen the visual irhpact • • . • ^ ^ Jabbour moved, Peterson seconded, to approve Resolution No. 3925 per the Planning Commission recommendation. Vote; Ayes 4, Naj« 1, Flint. (#5) #2248 DAVID AND JODI RAHN, 1385 REST POINT ROAD - VARIANCE - RESOLUTION NO. 3926 David Raim was present ' % 0 • t MINUTES OF THE REGULAR ORONO CITY COUNCIL meeting HELD ON JULY 14,1997 Kelley asked for clarification on the hardcover calculations of an mcre^e fi-ona 9% to the hardcover noted is the house footprint only. Kelley said a driveway and Sarage « inevitable and would need to know the calculations for them and what amount would be added in the 0-75’where h leads to the home. Jabbour noted that the applicauon is entitled to 25% in the 75-250’ setback. KcUgr questioned what percentage would be in the flood plain. Rahn said the garage would not be below the 931.5’ elevauon and no variance would be required for a garage. Van Zoraeren agreed that no variance would be required. KeDey said he has never turned down an application for a two^ ^e noting the necessity for garages in this area but felt the calculations sho^ be mclud^ He questioned a adewalk leading to tlte residence. Peterson questioned the need for the calculation since it is not included in the proposal. Rahn indicated that he is allowed 1500 s.£ of structure outside the 0-75’ end as much as 2200 sX with the size of tiie lot. Jabbour asked the applicant how he plans on walldng to the house. The applicant ^ questioned whether a walkway is required. Rahn said he has no int^on of putting m a adewalk. Jabbour indicated that one would eventually be needed. Rahn smd he usm^ grass area now and the decking and entiy are included in the calculations. He currently parks on the clearing on top of the hillside and there is no established dnveway. 'Goetten questioned why the rctidence cannot be pulled back. Rahn said would then be located in the flood pl^. He said he has space for 1900 s.f m the 75-25(X • setback. Kelley asked Staff if 25% hardcover allowed for the 75-250’ setb^ includes land in the floodplain. He was informed by GafiBron and Van Zomeren that it tfd. Jabbour noted the structure coiild be a slab on grade without a foundation. Ja^^aaid he would make his approval contingent on no additional variances ^wed m tiic future afut yny further improvements adhering to standards in the zoiuQg code. Gaffron questioned trith hardcover shown in the 0-75’, whethw this amouirt should be subtracted from that allowed dsewhere. He felt it should be. f ^ where tins has been done in the past. GafBron indicated that with2000 s.f total ^jwed, it would leave 1000 s.f. for ai^ future improvements. Jabbour said that was a good iflea. Rahn agreed to comply with this request TiTTNinrs ni? thv . ufattlar orono city council MEETING HELD ON JULY 14,1997 (^5 • #2248 David and Jodi Rahn > CootiDued) Jabbour moved, Peterson seconded, to tpptovt Resolution No. 3926 with additii language added that no additional hardcover ever be allowed in the 0-75' setback md the amount of hardcover in the 0-75' setback be subtracted from the hardcover ^owed m the 75-25(y setback. No additional hardcover would be allowed beyond that guideline. Vote; Ayes 3, Nays 2, Kelley, Goetten. Goetten indicated that the ordinance docs not allow for toy hardcover in the 0-75' setback. Jabbour said the applicant would be allowed the hardcover as proposed in the application for the 0-75’ setback and no more. (#6) #2252 WARREN AND CHRISTINE BIELKE, 2565 DUNWOODY AVENUE - VARIANCE - RESOLUTION NO. 3927 WaiTen and Christine Bielke were present. Van Zomeren reported that the application b a request fw two vananc^ average lakeshore setback and hardcover, to add 6' and 4' to portions of the residence to enlarge the garage to three stalb. A portion of the garage is ahead of the average lakeshore setback but not as fer ahead as the further pomt of the structure. The property had been previously approved for a maToroum of 35.6% hardcover in the 75-25(y setback. The Planning Commistion recommended approval of the application with the 35.6% of hardcover in the 75-250* setback. Goetten noted that the property has had other variances approved in the past.^ She questioned the Amount of plastic removed under landscapmg. Van 2^meren indicated that the applicant had removed plastic prior to malting application and before the survey was completed as th^ were awrare that the prior owner was to have removed that plastic as part of a previous implication approval Mrs. Bielke reported that their intent b to replace non-structure cement driveway and kennel with structure. There would be no net change. The hardcover would be reduced in general on the property. Goetten asked Van Zomeren to update the hardcover calculations for the file. Mrs. Bielke indicated that the survty was correct in hs cdculations. • • . • • • K^ey moved, Peterson seconded, to approve Resolution No. 3927. Vote. Ayes 4, Nays 0, Abstain, 1, Jabbour. (Agenda item #7 follows Mayor/Council Report Item #3 was continued at thb time.) \ 8 6775013 J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 2ft A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 AND SECTION 10.22, SUBDIVISIONS 1 AND 2 AND A CONDITIONAL USE PERMIT PER SECTION 10.55 AND 10.56, SUBDIVISION 10 . FILE NO. 2248 WHEREAS, David Rahn and Jodi Rahn (hereinafter the “applicants") are the owners of the property located at 1385 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: _ Lot 23, and all that part of Lots 15 and 22, and adjacent vacated alley, Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, lying Southerly of the following- described line: Beginning at a point on the Southeasterly line of said Lot 15, distant 75 feet Northeasterly from the Southeasterly comer of said Lot 23; thence Northwesterly to the Southeasterly comer of said Lot 22; thence Northwesterly on a line forming an angle of 74 degrees 55 minutes with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there ending (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Code Section 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2 to allow additional structure to be added to an existbg residence. Variances for side yard setback to allow a south side yard setback of 5.3' where 10 ’ is required, hardcover in the 0-75’ setback to increase from ,609.25 sq. ft. (9%) to 1,320.75 sq. ft. (19%) where none is allowed, and lakeshore setback to ''allow the addition to encroach into the 75’ setback the same distance as the existing residence are required. A conditional use permit for land alteration in the 0-75’ setback and floodplain is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS ... • 4 *7 • Cl transfer El'lTERED1. This application was review/i as Zoning rile #2248. rtEW£?iNCOiffiTYTAX?.v/sns£F.v!CE3 P;ige 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 8 9 2 6NO. 2. 3. 4. 5. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. The Orono Planning Commission reviewed this application on June 16,1997 and recommended unanimous approval of the proposed variances and conditional use permit based upon the following unique findings and hardships: a. The zoning lot does not meet minimum lot area, lot width or side yard requirements. b. The existing structure conforms to the average lakeshore setback but does not meet the 75' lakeshore setback. c.The topography of the zoning lot is within the floodplain in the middle of the zoning lot. d. The Zoning Code allows 15% lot coverage. e. The existing hardcover in the 0-75' setback is 609.25 sq. ft. (9%). The 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 variances 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 applicants, but is nece^ary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow land alteration in the 0-75' setback and floodplain will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use 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. Page 2 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^26 ~ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above liudings, the Orono City Council hereby grants variances for hardcover in the 0-75’ setback to increase from 609.25 sq. ft. (9%) to ii320.75 sq. ft. (19%) where none is allowed, to allow a side yard variance for the second story to be located 5.3' from the south property line where 5.3’ is existing and 10 ’ is required, and to allow a lalteshore setback at the same distance from the shoreline as the existing residence where 75’ is required per Municipal Zoning Code Sections 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2; and grants a conditional use permit for land alteration in the 0-75’ setback and floodplain per Section 10.56, Subdivision 10 and Section 10.55 to permit an addition to an existing structure located within the lakeshore setback on a zoning lot that includes floodplain, subject to the following conditions: Jl. No new hardcover shall be allowed in the 0-75’ setback. Further, any new hardcover in L ti.e 75-250’ setback shall be reduced by the amount of hardcover in the 0-75’ setback. 2.Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit and land alteration permit within one year of the date of Council’s approval, or the special conditions of this resolution will expire on that date (July 14, 1998). 3.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. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chai n of Title of the property. iSni^P'^dopted by the Orono City Council on this 14th day of July, 1997. . .vA*'-♦'S :?^^orothy M.'J i/ City Clerk GabrierJabbour, Mayor Pr6p€j^’J)^i5r(sy Page 3 of 4 / 7 JUN-17-19S3 03:28 A * • P.02X02 L 38 07-117-23 32 0002”^ J H HOUTMAN t K J HOUTMAN 1340 REST POINT LA hound MN 55364 38 07-117-23 32 0039 LARRY S SHARON GRABILL' 1350 REST POINT RO HOUND HN 55364 38 07-117-23 33 0005 PATRICK J WALSH ^ 1390 REST POINT RO HOUND HN 55364 38 07-117-23 33 0010 WENDY H OLSON ^ 1405 REST POINT RD HOUND HN 55364 38 07-117-23 32 0061 KENNETH W C RENEE G 6GGERT 1371 REST POINT LA HOUND HN 55364 38 07-117-23 33 0006 — J T NYGARO £ K H NYGARD 1386 REST POINT RO hound HN 55364 38 07—117-23 32 0037 HICHAEL B 4 LYNNE GERLICHER 1375 REST POINT RD MOUND MN 55364 33 07-117-23 33 0002 DAVID A WILLIAMS ^ 1400 REST POINT RO MOUND HN 55364 38 07-117-23 33 0007- OAVIO K BLODGETT 1380 REST POINT RO MOUND MN 55364 38 07-117-23 32 0038 kirk ANDERSON ^ 1373 REST POINT RO MOUND HN 55364 33 07-117-23 33 0004 LYLE K JOHNSON ^ 2737 IRVING AVc SO MPLS HN 55403 38 07-117-23 33 0009 ROBERT G BREOESON — 15 E ST ALBANS RO HOPKINS MN 55305 GSORGE^R^L^THEflSSA A flLCOM 1374 REST POINT RO MOUND MN 55364 TOTAL LABELS BATCH 502 OOC TOTAL P.02 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#13) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCES Mr. Rahn was present. Van Zomeren reported that the application was for a hardcover variance to allow construction of a garage in the 75-250' setback area with a retaining wall and driveway turnaround. Previous variance were granted to convert a cabin into a year round residence. The previous resolution would allow 657 s.f. of hardcover based on subtracting the amounc of hardcover in the 0-75' zone from that allowed in the 75-250' zone. Planning Commission recommended denial, and the applicant requested the application be brought to Council. Mr. Rahn noted that it is difficult to build a two-car garage with driveway under 657 s.f. He asked for guidance as to what might be considered. He confirmed that no variance would be needed if he did not exceed 657 s.f of hardcover. Mr. Rahn presented a revised plan that reduced the garage to 24' x >' " and made some eliminations to reduce the hardcover to 31% or 2,453 s.f Jabbour reviewed the history of the property. The initial Council approval was related to adding to an existing structure. During the construction, much of the existing structure was removed, and a fallen tree damaged the remaining portion. The Council then reviewed the project again and set a limit of 657 s.f of hardcover in the 75-250' zone. Rahn agreed that discussions had taken place about a garage. Rahn noted that in the Council minutes with the previous approvals, 1,000 s.f was discussed. His problem is building an accessory building large enough to park two cars. He stated that if he would be limited to 657 s.f, he would have to build an accessory storage building with no cars inside. Jabbour noted that each lot has limitations that the property owner must work with. Goetten commented that she had voted against the previous variance request knowing that a garage would be requested at some future time. Rahn distributed revised plans to the Council showing reductions in hardcover. ORONO CITY COUNCIL MEETING ^^NUTES FOR JULY 27,1998 (»13) #2390 DA VID RAHN, 1385 REST POINT ROAD - VARIANCES - continued Kelley stated that a two car garage is reasonable for Minnesota, and would be in favor of a garage at 24’ x 24', minimal driveway and sidewalk. He noted that he also voted against the original variances but would have approved some lyjje of garage at that time. Goetten cautioned Council to be careful in future applications when garage plans are not part of the ir‘*ial nroposal, especially on lakeshore lots where hardcover is an issue. Van Zomeren commented that 38% of the year-to-date building permits require some type of variance. Jabbour suggested the revised plan be referred back to Planning Commission for their review, and indicated at least two Council members were sympathetic to some type of revised plan. Kelley requested that a letter be sent to the applicant extending the application for 60 days. Flint stated that he was not sympathetic to the applicant's request, and felt the applicant should abide by the parameters established in the previous resolution approvals. He felt the minutes clearly reflected Council's intention. Goetten moved, Peterson seconded, to refer Application #2390 requesting a hardcover variance to construct a garage for David Rahn at 1385 Rest Point Road back to the Planning Commission at the applicant's request. A letter extending the application for an additional 60 days will be sent to the applicant. The applicant was in agreement. Moo' * suggested the applicant meet with staff prior to the Planning Commission meeting to dev. the best solution to present to the Planning Commission. Vote; 5 Ayes, 0 Nays. (*#14) #2392 THOMAS BERSCHEID, 1365 REST POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4134 Goetten moved, Peterson seconded, to adopt Resolution No. 4134 granting a conditional use permit to permit construction of an accessory structure on a through lot for the property located at 1365 Rest Point Road. Vote: Ayes 5, Nays 0. TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorsc, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator August 12,1998 SUBJECT: #2395 Brent and Kathym Bentrott Variance(s)-Public Hearing Zoning District:LR’IB One Family Lakeshore Residential District (1 Acre) Lot Area: 14,768 square feet (.339 acres)_______________ Application:The applicants appeared at the July 20th Planning Commission meeting and requested hardcover variances, a 10' vacation of Bluff Street, and side yard adjacent to street setback variances. The Planning Commission recommended that the proposed three season porch be located at least 3' from the side property line and that Bluff Street not be diminished by a 10' vacation. The applicant was also directed to redesign the location of the garage to include meeting the side yard setback from the east property line. The applicant has submitted a newr plan that shows access from the street and locates the garage closer to tlie house, approximately 130' from the street. The applicant has also submitted building elevations for the proposed 22' by 25' garage. The garage would be two stories with the doors facing the street and a door on the lakeside for access to the storage area. The street elevation is approximately 964'. The elevation for the proposed garage is approximately 943'. This is an elevation change of 21' in 130 feet, a grade change of 16%. The recommended maximum slope for a driveway is 8%. The grade needs to be significantly changed for the driveway to the proposed garage to be 8%. Staff has estimated that approximately 400 cubic yards of fill would be needed to construct a driveway and a garage. This is about 40 truckloads of fill. This much fill may change drainage on the site and may impact the adjacent residential property. Staff has asked the City's consultanting engineer to review this situation. pagf-t r The proposed plan that was submitted shows a 10’ x 11' screen porch and an addition on the southwest comer of the house with a deck at the entry and a sidewalk from the house to the proposed garage. New hardcover calculations were not submitted. Issues: 1.Side yard adjacent to street setback variances for screen porch and addition at southwest comer. Amount of hardcover in the 0'-75' and 75'-250’ setbacks. Ne^d new hardcover calculations for the lot with the vacated portion of Forest Blvd. included to determine accurate hardcover amounts. 3. Proposed garage requires side yard adjacent to street variance and probably a hardcover variance. 4.The proposed garage will require significant changes to grade. A grading plan is needed to determine impact on drainage and the adjacent residence and garage. If grading occurs within 5' of the property line, a conditional use permit is required. A conditional use permit is also required for land alteration as staff estimates approximately 400 cubic yards of fill would be needed to establish the driveway and the garage. 5.Another factor in siting a new garage on this property is determining where the sewer connection is from the street to the house. No "as built" for the property is on file. It is not recommended that the applicant have extensive fill over the sewer line. STAFF RECOMMENDATION Staff reconunends that the Planning Commission review the application and provide direction to the applicant regarding the above issues and review recommendation of the City Engineer (to be received). Attachme^*^ A1 A2 B1 B2 C D E Letter to applicant Notice of PC action Ne\v proposal Proposed elevations for garage Topo Niap with cross section and estimated fill Sewer map Previous staff report page-2 J CITY of ORONO Municipal Offices Stmt JUdnss: 2750 Kelley Partmy Orono, MN 55356 MalUai Address: P.O. Box 66 Ciystat Bay. MN 55323-0066 NOTIFICATION OF 60 DAY EXTENSION July 27, 1998 Brent and Kathryn Bentrott 1453 Park Drive Mound, Minnesota 55364 Re: Application #2395 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application was submitted on June 24.1998 and was considered complete on July 9.1998. The 60 day review period expires on September 7.1998 . The Planning Commission tabled your application to the August 17, 1998 meeting. The earliest potential date that the City Council could take action is August 24,1998. Before August 10,1998, please provide a revised survey showing the proposed three season porch, at least 3' from the existing property line and the garage and driveway. The garage needs to be at least 10' from the garage on the adjacent property. If you have questions, please call me at 473-7357. Sincerely, \U^ Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch Tdephooe (612) 473-7357 • FAX 47341510 ^ 1 • « A. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2395 NOTICE OF PLANNING COM>nSSION ACTION DATE OF NOTICE: 7/21/98 TO:Brent Bentrott 1453 Park Drive Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Vacation of Bluff Street and Variances DATE OF MEETING: 7/20/98 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1. Make sure that proposed 3 season screen porch is at least 3’ from Bluff Street property line - show on survey. 2. Deny 10' vacation of Bluff Street. 3.Rework garage location and be at least 10' from garage on adjacent property (Palms). Contact building official, Lyle Oman, at 473-7357, for assistance in determining a location for the proposed garage. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday, August 17, 1998, meeting starts at 6:30 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X;\APPS\WP\VIN60\WPDOCS\CAROLE\PCACTION\2395 ■ I \ VACATED BOULEVARD- l\t- [4^ ^ tK ■■V \ \ \ \ r-\l bs\4) \ v,*«^ \ \ • TO BE ADDO) TO DESORPTION y CERTIFICATE OF SURVEY FOR BRENT BENTROTT OF LOT 9. BLOCK 15. SAGA HILL REVISED HENNEPIN COUNTY. MINNESOTA toloe^ \'° ' LEGAL DESCRIPTION OF PREMISES: Lot 9. Block 15, Sago Hill Revised This survey intends to show the boundaries of the ^^^^?rrfro^ver-' tLeon and the proposed location of a proposed g It^does not purTorAo show cny "other Improvements or encroac C ; Iron marker (^5.5) : Existing spot elevation Bearings shown are based upon an assur hbUteS '- 1. Nldca+lcn of (o'oP Bluf-i^Sh 2. HardcO\/e»^'"•eias-l-ing and >OpG5fd 3. (d(yra^ Propoi5£’d 'is* 16oil 4'. S6c v/arc^ hd\ai^y 5. (oadi'n^ j^e^CLiVed 3b' ^“brnCxA-f* ^CCC3^ 'fror^. .S|y<?ef* op |of 'AlloVOd IxiluDlrvOCr Lot 9. BIOCK ID, Doga nm ss^hS * ; Iron marker (945.3) : Existing spot elevation Bearings shown are based upon an assui ^ \loica-hon of (o'op Bluff sf. (Xrd tO^e*-- -•evisf ng a>od popo^d 3. Q^fO.^ 05 Pyopcf=ed 'is 750® 8 ^\bxcl^ ^ 5idc: ^laiT^ AdYiceoh ShraDl' 5. (oocliiny f^e^ixifCd 3b' ^ -iDmcxA-P 6. Accs3^ Bluff SW<^dr T ~Topo^roph<^ op |of ^JxuuDi<^3^ PAP tP V** r--.0\\i V. \i\^i ' 65<? 5a. P^ f=taa/®s<J«f^ 1—1 It—II—1rir II------1 i—n vr~h .,1—ir II—II—I nttftJT 6ia<«iT»5K> T04(sr view^ (ycfeerm^){y^\i»*i) c STM^F ?|Z0pDS£. t> LOCATiC*^ o.^^. of fin c = Z2. \^C> Slope /, y^cohnyr^eridA^i > *>• j £ TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator DATE:July 15,1998 SUBJECT: #2395 Brent Bentrott 1453 Park Drive 10' Vacation of Bluff Street and Variances—Public Hearing Zoning District: LR-IB Lot Area: One Family Lakeshore Residential District (1 acre) 14,768 sq.ft. (.339 acres) 20,218 sq. ft. (.464 acres) proposed with 10' vacation of Bluff Street Application:The applicant is requesting that a 10' portion of Bluff Street be vacated to allow an existing deck that is along the west property line to be remodeled into a three season porch. The vacation is also requested in order to build a new garage that would be accessed from Bluff Street. Variances are needed for hardcover in the 0'-500' setbacks. A variances are also required for the side yard adjacent to street setback from Bluff Street to add the three season porch. A side yard setback is required for the new garage because it is considered an oversized accessory structure. Pertinent Ordinances: Section 10.25, Subd. 5, (B) Section 10.22, Subd. 1 and 2 Section 10.56, Subd. 16 (L) 1 and 2 Section 10.03, Subd. 9, E. "Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 sq. ft. footprint area shall he located at least 15 feet from any lot line." U2395 Brent Bentrott 1 453 Park Drive July 20. 1998 page-I ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Rear Yard Side Yard Side Yard Adjacent to Street Lakeside Yard 1 acre 140'30'10'35'75' and ALS Subject Propert>- Lot Area and Yards-AS EXISTING Lot Area Lot Width Rear Yard Side Yard Lakeside 14,768 sq. ft. (.339 acres) 48' at OHWL 54' at 75' setback Garage is 5.3' from rear property line House is 9'; proposed garage is y House is app. 72' Subject Property Lot Area and Yards-AS PROPOSED WITH VACATION Lot Area Lot Width Rear Yard Side Yard Lakeside 20,218 sq. ft. (.464 acres) 58' at OHWL 64’ at 75' setback Garage is proposed to be 30' from street Garage is proposed at 5' from property line, 15' is required House is approximately 72' from OHWL The lot does not meet minimum lot area or lot width requirements with or without the requested vacation. The existing residence does not meet the side yard requirement along the east property line nor does it meet the 35' requirement for side yard adjacent to street. The proposed garage is more than 750 sq. ft. in size which requires a 15' setback from the property line. The proposed three season porch requires a side yard adjacent to street setback variance with or without the vacation of Bluff Street. The garage requires a side yard setback from the east property line. ii2395 Brent Bentrotl 1453 Park Drive July 20. im page- 2 Structural Coverage Structural coverage is not an issue \vith this application. Hardcover—Without Vacation Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75 ’1,330 sq. ft.370 sq. ft. (27.82%) None 370 sq. ft. (27.82%) No change 75 ’-250'9,960 sq. ft.2,334 sq. ft. (23.43%) 2,490 sq. ft. (25%) 2,944 sq.ft. (29.56%) 454 sq. ft. (4.56%) 250 ’-500 ’3,478 sq. ft.780 sq. ft. (22.43%) 1,043.4 sq. ft. (30%) 1,498 sq. ft. (43.07%) 454.6 sq. ft. (13.07%) The proposed garage requires hardcover variances in both the 75'-250 ’ and 250'-500' setbacks. Hardcover—With 10' Vacation of Bluff Street Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'4,450 sq. ft.370 sq. ft. (8.3%) None 370 sq. ft. (8.3%) No change 75'-250*11,710 sq. ft.2,334 sq. ft. (19.93%) 2,927.5 sq. ft. (25%) 2,984 sq. ft. (25.48%) 56.5 sq. ft. (.48%) 250'-500 ’4,048 sq. ft.780 sq. ft. (19.27%) 1,214.4 sq. ft. (30%) 1,718 sq. ft. 42.44%) 503.6 sq. ft. (12.44%) The proposed garage with the 10' vacation of Bluff Street requires variances in both the 75'-250' setback and the 250 ‘-500' setback. U2395 Brent Bentrott 1453 Park Drive July 20. 1998 page- ' 5 STATEMENT OF HARDSHIP The applicant has indicated that the garage is 165' from the house and the topography is steep. The applicant has also stated that the deck needs replacement. Criteria for Determining Undue Hardship 1. The property in question caimot be put to a reasonable use if used under conditions allowed by the official controls. The house and garage can continue to be used as they are currently situated. The deck can continue to be maintained. Complete replacement of the deck would require hardcover and side yard adjacent to street setbacks. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The subject lot does not meet lot width or lot area requirements. The topography of the lot is steep from the area where the garage is located down to the house. The setback requirements are greater because of the side yard being adjacent to Bluff Street which is platted but is not open for vehicular traffic. The existing garage is located within the required rear yard. 3. The variance, if granted, will not alter the essential character of the locality. The variance to allow the garage will move it from the street and would improve the setback situation from the street. Allowing BluffStreet to be used as access for the driveway is a policy issue. There are many of these platted streets that are "fire lanes" down to the lake that are owned by the City but unusedfor vehicular traffic. If the City were to allow access from Bluff Street it would be a departure from past practices. 4.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lots in this area do not meet the minimum lot width or lot area requirements. This property is further restricted by the side yard adjacent to street setback. The topography of thb lot creates a difficult situation for siting a garage. The narrow width of the lot also creates a problem for calculating hardcover. U2395 Brent Bentrott 1453 Park Drive July 20, 1998 page- V 5. 9. The granting of the application is necessai> tot the preservation and enjoyment of a substantial property right of the applicant. The applicants will need to provide testimony regarding their need to preserve their property rights by changing the deck into a three season porch and removing the existing garage and building a larger garage with access off of Bluff Street. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variances and vacation would be a convenience to the applicant because the extent of the hardcover variances would be reduced. The lot does have unusual topography from the street and is impacted by the required setback from Bluff Street. Issues 1. 2. 3. 4. 5. 6. 7. The lot does not meet minimum lot area or lot width requirements. The existing garage is located within the required street yard setback. The existing deck encroaches into the required side yard adjacent to street setback. Th -• applicant has indicated that the deck needs to be replaced. The property is adjacent to Bluff Street which requires a 35' side yard adjacent to street setback. However, the City has not allowed these "fire lanes" to be used for access. The Planning Commission should discuss the need for a greater setback when these platted streets that are unopen do not function like a typical street. The existing situation exceeds hardcover requirements. The applicant is requesting a 1 O' vacation of Bluff Street which would add more lot area to the property but it would not eliminate any variances. The proposed garage exceeds 750 sq. ft. and requires a 15' setback from the property line. The applicant is proposing to use Bluff Street for access to the new garage. This is a change in how these fire lanes have historically functioned. STAFF RECOMMENDATION To review the issues and request vacation and variances with the applicant. #2iP5 Brent Benirott 1453 Park Drive July 20. 1998 page-' S Attachments A B C D E F G Application Plat Map Property Owner's list Acknowledgment form Topo Map Reduced copy of survey Building pad shown on Survey H Hardcover Calculations I Floor Plan for Porch J Elevations K Garage Plans L Garage Plans M Permit Record N,0 Pictures Application if Date Received fcj- 24 Amount Paid CITY OF ORONO - VA^IAKQE APPLICATION Initial Application Fee(^^50^00^ ($50.00 per each additional vanance) 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 SiteAddress lM5g PA^ D&tV/g ■ ___________________•' Property Identification Number (P.I.D.)>> Q~l-* 2.^______ Attach legal description to application if not included on required survey. Date Property Acquired__________________________________________(monih/year) I (do) ^do no ^ also own the adjacent parcels of land. Present use of property: !X. residential ___^other (specify)______________________ Zoning District: X LR~ i 0_______________________________________________ APPLICANT Name Address: (M5^ City: Phone (home ’) ^ ~ fJM Phone (work ) CSAv^v-g J Zip: OWNER (if different than applicant) Name Phone (home)_ Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQ j^cribe request in detail: Estimated Construction Cost $ ^{\JO UEia3 (!a^ (attach additional sheets if necessary) >\Ut^ VARIANCES REQUIRED Lot Area Lot Width X Setback:Front X Side Hardcover Rear Lot Coverage Average Lakeshore >< Other (specify) 10* VACATION CtPAOilWr P^)'4 -Jb U'SE'/fAV^ HsILncydOF Fi(ZaAde-'7®’ Access kew HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS ^ Describe undue hardship or practical difficuloc. or unusual property conditions preventiqg --------1;«____,.;eu ____:_____^kXT Dr<C iMi: (attach additional sheets if necessary) |_X LAn^ REQUIRED SUBMITTALS All of the following information must he submitted bv the application deadline date in order for vour application to he gnn<iHpred complete; a. 1. y 2. * yj • w ^ 3.1 Completed Application Form Certified Property Owners List of owners within 150 ’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of . Finance, A-603, Govt Center, 348-3271). cC Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/a" x 11" for 4. -J_ 5. - JL. reproduction. ^ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYi' x 11" for reproduction. 't"* - Sketches or plans of floor & elevation views (provide one (1) copy S'/i" x 11"). 6. s/ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 7. 8. The Applicant and Properly Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her know ledge. Applicant’s Signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. DateOwner’s Signature Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review’ meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 i/Af •a;■i __L Adjacent Property' Owners' Acknowledgement Form I (we)feL\A/^ [print name(s)] 441 [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at IMS^ yc\j^\C HV"• also referred to as Land Use Application No.________ I (we) imderstand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. SC Property Owner Date Proper\y Owner Date ♦ ♦♦♦♦♦♦♦♦♦********4i******.(i* + ***********************************************<>** I (we) __ [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ___________________also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. VACATED BOULEVARD- \ \ \ \\ v"\^ A \to be added to descrptton ^ \ «n" t ) CERTIFICATE OF SURVEY FOR brent bentrott OF LOT 9, BLOCK 15. SAGA HILL REVISED HENNEPIN COUNTY, MINNESOTA legal description of PREMISES: Lot 9, Block 15, Sago Hill Revised This survey intends to show themd'oth^'vir property, the location ,smnft«*ed location of a proposed g< l?doe“ n*ot pu%Xto‘’"show*ony other Improvements or encrooc; o : Iron marker • Existing spot elevotion &gs ISownVe based upon on ossun hblies.' 9 \IOiCQ4lon op lo ’ o ardtCWer--■ei(is4in0 Oiod propcKC* . GrO^a^ 03 PtopcbOd 7go0 . , , loodiio^ “ * 4or do^ntxtfg£^aiV^ci 3o ACCS3^ •ffoiY' VA\a^ op lof 'AllovJoJ TxuuOlrOCf PAP t / w- W * / HANGOVER CALCULATION WORKSHEE l SETBACK ZONE; (CIRCLE ONE) 75-250’ 250*500'500-1000* ^xi <;ting hardcover in zone A. House S.F. •• Leniih Widih X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. X X S.F. S.F. b. Sidewalk X X S.F. S.F. JE, . PatioADeek-X X /Z^S.F. S.F. I /. $.» F. Landscape Underlain By Plastic X X X S.F. S.F. S.F. Other Si S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 370 -s* B /J3o 370 /33€0 X 100 =27.g2 S.F. S.F. % A B 9.3 o■4 f O norkorkcc-n «Ai>n/-rkvi?D rxi • CO/T/^ U'^Va t'O ^ Io ' Ctf 9t.UrROPQSED. HAKPC.QVER IN ZONE frtttcr ,/a .^ vr ’/- /-v.—#c 3t3o^‘jA,fT. of^»s doeu A. House X * S.F. Lcnjih Widih X X X S.F. S.F. S.F. B. Garage'S.F. C. Driveway X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck X X S.F. S.F. F.Landscape Underlain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE. TOTAL PROPERTY AREA IN ZONE B X 100 = S.F. S.F. % A B SETBACK ZONE: (CIRCLE ONE) 0-75 ’ ... FX!<^T1NG HARDCOVER IN ZONE ....... A. House___________X HARDCOVER CALCULATION WORKSHEET' C75-2S0 ’ 250-5Q0 ’ 500-1000 ’ Len|ih Width B. Garage C. Driveway D. Sidewalk E. ^tio/Deck X X X //2. /4 V7 X X X X X X X X X ^.z / .S /L'lF. Landscape _________ Underlain _________ By Plastic _________ G. Oiher /*//ouj^ x - TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' -f B ^9C^OA. PROPOSm HARnrXlVER TV 7.r)NE A. House X Lcn|ih ••Width X X X B. Garage'2.Z.H Xr Driveway ‘ D. Sidewalk E. Patio/Deck F; Landscape Underlain By Plastic A/C, PAO X X X X X X X X X G. 0\htr^fPMP Z‘5" TOTAL HARDCOVER IN ZONE. TOTAL PROPERTY AREA IN ZONE ^^4^^ B 97^.0 X 100 = X ICO /t/Z 24C Z5 373 BSl a 3 1334 Z3.43 . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S'.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • • S.F. S.F. % /zn 30& 32S 37& 8 69s 7^ zf .St, S.F. S.F. S.F. S.F. • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B • i • • HARDCOVER CALCULATION WOUKSHEEI t ^ :^A4g/^ H'LL SETBACK ZONE:(CIRCLE ONE)0-7 5‘75-250’ FXISTING HARDCOVER IN ZONE —A-.- • House- -.X - Len|ih X wieih ...........-X X B. Caraie X C. Driveway • X X D. Sidewalk X X E. Patio/Deck X ......X • F. Landscape .X Underlain X By Plastic X G. Other 0^ X <5>. tJ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A FSa - B Jd-ZS PROPOSED HARDCOVER IN 70?VF. A. House X • • Length X Width X •X * • B.' Garage’• • • X 2 € C. Driveway X • ♦ • .X SOO-IOOO' 4^4- /Z7 8 S ZO^J• 4-5 780 X 100 =Z7-43 S7Z D. Sidewalk X X E. Pauo/Deck X X • « ••• F. ..Landscape Uaderlatn By Plastic X X X ss 8 SSL G. Other TOTAL HARDCOVER IN ZONE. TOTAL PROPERTY AREA IN ZONE /47X + B X 100 /7/^ S.F. S.F. S.F. - S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. .. S.F. S.F. . S.F. A B S.F. S.F. % A B L.^'’*1 STA€(T^ A,})r^^- uJiT/A Z7.0 Sa,.*:r. oF c:. .‘(-A S.70 Sd,ft.. OF ‘ ^ % I- ____^UZZ-Zx.^ T"T 7 ?5ff :._ L_i \ c •r ■ •? i'‘ > 1 ft r%>5J . r.« tVN • *; r- •n *.Jl: V 'A, V Vjl 11-—' i(i.'.’ ■ m>" I'' ________ • ■' it? iVi---------. V r If I >*3.1 .1I 1 • t \., 1 . i% =r • i ■•; * t • ‘ 1%* • 1 • • 1 t! -.4 T . |ti‘• ••“ .>• • *' ■* • •' /^ • I''iJ •" • -/SI ■• » *••C .t.x-,. U I .• • M ». '■ •. I .r—? w|t^ I /. .P-.9 :• V '■ |ii ■ !i! 1 d]•; -|K-( *. « i- : V-''-•' ' MIX.(V. Jis'i • 'N «. l:^; >• •:.••.'»■.• .-.-.v ;• I ^ •. W . • »f» .t •. . v-'^ *• ___ V** " ;. • - ■•-.I**. *. *. *♦» • i :. ■ •- nV • ••• •.o-,i+ I • "• \\ ^ .*• . *.• * •% .<* .•V •« K ;.j' • . .;\y- V/* ; \ ‘. / ^ . . • ; ''.N' t.-v: V-- - •'.••;*•• ; . • . • • • . .•••••■♦• »•.••«• t . . .. . • ■' -i. • •■ ■’■.;•••; :’\ ' : - • . . :• ^ •. * *• • • **.% • . V ; V ■ ^ j t . • • /.•••* • . * . . • * • • • • * .* • ... * V • * ' , . '.N' t.-v: V-- - •'.••;*••;■ •• • : \OS ••• .• . :•. •• - •. V . V. :‘ t .'•. V ; •.:• .••.•nJ- • •••• ‘ : •. • %• '•* .i <•*. *_______________________________________». •'•___!___• ' «._______________■* .* ____. __________________________________.♦ . »■______^________c ______________!___________________________________i_____^________!_•______________________________!_________•___^____ t. ... * ■•*.,. ___________________y?*..' «• .« * . *- • %♦.** ♦ .______^____________*_________• »• « » . f . V TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator August 11,1998 SUBJECT: #2408 Mike Hilbelink on behalf of Ted and Myma Wolf 900 Willow Avenue N. Lot Line Rearrangement Zoning District: RR-IB One Family Rural Residential District (2 acres) Lot Area: 11.11 acres total for Wolfs Run Lot Number As Platted in Wolfs Run As Proposed in Lot Line Rearrangement Loti 4.02 acres 2.96 Lot 2 7.09 acres 8.15 (3.65 to edge of wetland) Application:The applicant applied for a two-lot subdivision in 1997 to be known as Wolfs run. The City Council approved the fmal plat of Wolfs Run on September 8, 1997. The applicant is requesting to move the division line between the two parcels 160 feet to the west to allow the back lot, Lot 2 to be larger. ________ RR-IB Zoning Standards for Front Lots Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 2 acres 200 feet 30 feet 30 feet 50 feet 50 feet The front lot as proposed would meet the above minimum requirements for lot width and lot area. pag€-l RR-IB Zoning Standards for Back Lots Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 3 acres 200 feet 75 feet 45 feet 75 feet 75 feet The proposed lot line rearrangement would expand the allowed building pad area for the backlot to meet the front yard and side yard requirements. Septic Sites The proposed lot line rearrangement does not effect the primary or alternate sites for either lots. Drainage The proposed lot line rearrangement includes drainage and utility easements along the new proposed division line. Issues The front lot, 900 Willow Avenue North, has a bam that is approximately 20' x 30'. The Zoning Code requires that private bams and stables be at least 75' from any lot line. The proposed lot line rearrangement places the bam 10' from the new front lot line for the backlot. If the bam is to be used for animals, the new lot line needs to be 75' from the bam. If the bam is not used for animals, then it can remain 10' from the property line if it considered to be a garage. The applicant will need to address this issue. The bam can either be removed or classified as a garage with restrictions placed on it that it will not be used for animal habitation. STAFF RECOMMENDATION To ask the applicant to provide an explanation as to how the bam is currently used and how it will be used in the future. It can either be removed or restricted from use for animals through a covenant. The applicant will need to address this issue at the public hearing. Staff recommends approval contingent on satisfactory resolution of the use of the bam on Uie front lot. Attachments pap-2 I A B C D E Application Plat Map Survey Easements Resolution approving Wolfs Run Application # Date Received Amount Paid rjv A CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION • . Siieaddress - O O C/-J; -C -i. 6 uu 0^,\j Property Identification Number (PID) «P7 U? i.^'-OQO^ Please check one - Property ____abstract or torrens? Attach legal description to application. APPLICANT Name /BO J-ClF Cof^Tncr 'Pe^S(pr,: /niK£ " G (jLoe/v I'/ ^/Uyu). ^OO 6o'/ZZ-<W Phone(home V V?.? - ^Address__ City O flcM o Zip5]^^£t*Phonc (work) OWNER (if different than applicant) ^ Name _________________A ^ Address City___;Zip Phone (home) _ Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) //- 7 U- X Present Zoning District f(f\ 1 Po Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL • • Division for Tax Purposes y Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites Existing Units • _New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per jJ^Acrcs Ft. Dry Buildable Land XI Residential Other (specify) "^[CtuO-S- um.i i.■) ^ t l(SWi^ 2. Completed application form. 3, Preliminai-y plat information on Certificate of Survey '■ A-603 Lnhg OmcUrfsTnlre’ «“ of “y other persoos you wish notified of this application. " ' __ JLyfllC ________ MESTVIUM ^UTER^AL REQUTCD FOR COaMPLETE FINAL APPLICATION I' Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate ofSurvey or mylar copies of fonaal plat 3. Title opinion. 4. Easements, covenants, etc. > 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature_____________ 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 ofa Lot Line Rearrangement $350.00 _____ Subdivision Application (Class I & II) $350.00 -------- ^eltainary SuMit^ion Application $375.00 + $25.00/lot (Class IH & all non-residential) _____ Fmal Plat Application (Class III) $200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 --------Subdivision w/easements and covenants mb. $200.00 _____ Park Pe«s (to be determined per Section 11.62) _____ Legal and Engmeering Review Fees (as bcurred) -------- Renewal of Class I and II Subdivision ApplicaUon $200.00 (No change from origmal application) -------- Renewa Class 111, Prelimmary Subdivision Application $200.00 (No change from origbal application) -------- Renewal of Final Class III Subdivision Application $150.00 (No change from origbal application) iQials lb. ft X .50 » $ B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lbeal ft.; _____ Proposed Public Roads $900.00 + $.50/lbeaI ft.;’_____lb. ft. x JO - $ -------- Request for City to Accept Existbg Private Road $900.00 _____ Proposed Sanitary Sewer Mab Extension $250.00 + $25/stub _____ Proposed Watermab Extension $250.00 + $25/stub _____ Proposed Storm Sewer System (excludbg culverts) $200.00 -------- On*Site System, Site Evaluation Review (applicable to rural subdivision appVcations) $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 Subdivision $100.00 _____ PRD Application with Subdivision S30.00/Dwellbg Unit ^e applicant hereby agrees to provide all bformation requirecf or requested by the Zonbg Admbistrator. City Engbeer, City Attorney, ordbance^°"'™*”'°" Council nece^ary to phpcess this application and further agrees to pay all additional fees established by . —«w.a,.—^ I Owner’s Signature Date ApplicMt miut ^4ve all submittals bto the City Office 25 days before the Plannbg Commission meetbg. Plannbg Commission meetings j X on the thu’d Monday of each month. Applicants must be present at all scheduled review meetbgs of the Plannbg Commission and Council. If an applicant is unable to attend a scheduled mee±.g, please make arrangements to have an authorized agent attend b your place and to advise the Building & Zonbg Office of this change prior to the meetbg. rsn lO t UJUJ ?<o o< o I >-Lx-<c I . L JL- e0(»®*^ o|tor>. 01 a* P:oi <r I—,* cn 00 N y •• . 5o • m Shorrfn*^— --4S-1 7^. j ill-- - n '-" • '..'•iXi' w»_. X o o U-l-l (T (/) < U. ^ f O ® 5 (/) ^ LxJ Z Z 2Lu^ oSo m z O C n T Q I. I 2 o< Q Lx- <:C I . L J.. •09'o o> OI o> <r - <r% 00 Shortfi*#-* • «— .*J 0030ft • I----------1 I ' •■'**• rn ■* r' "” ”- 00 l|«n I'.. |l - - - V' ■ ■» ^1 •• ^ •* IHiV '-.-n r-r - F-i ^: V- •- - :: > |i ~i ~ " I ^ “■ II _ - - ' 6WU . - " . ♦^ X' > — ■•l|.. • Vin i§5 -j - • <—*- o UJ ooS z . - iQ*--- X o o UJ _J —I o: ? J ■l:.i ■ i o O- O Onro O O- CN Oo- O ■f3.^1 s' "1^ FLOWAGE AND CONSERVATION EASEMENT AGREEMENT"' 1593 AND WAIVER OF DAMAGES r v . - . -V; i • w. w. ^ J ^ ____ THIS INDENTURE, made and entered into this day of , 19 ^ by and between 1 Ke*c»<^or<i \>Qo K- 3mr> AA xrai A V.C^o\4_______and its heirs, assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: An easement for flowage and conservation purposes over the drainage easement as dedicated to the public in Lot 2, Block 1, Wolfs Run. as follows: 1. Grantor(s) hereby covenant(s) and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. Page 1 of 3 / E.No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use w-hich would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F.Grantee may enter upon the Land for the purposes of inspection and enforcement of the cov enants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2.Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3.Grantor(s) herein do hereby remiss, release, acquit and forever dischaige, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. Page 2 of 3 » • CITYoff ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 17 A RESOLUTION GRANTING FINAL APPROVAL OF A PLAT AT 900 WILLOW DRIVE NORTH FILE NO. 2275 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the state of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a an existing lot into two lots by Theodore F. Wolf and Myma T. Wolf (hereinafter "the subdividers"); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB one family rural residential zoning district; and WHEREAS, on September 8, 1997 the City Council adopted Resolution #3955 granting preliminary plat approval subject to meeting the following requirements for final plat approval: Plat: 1.Lot lines have been platted per preliminary survey by Mark S. Gronberg dated December 23, 1996 as revised on Decem^r 8, 1997. 2.Drainage and utility easements have been dedicated 10' along all exterior lot lines and 5’ wide along interior lot lines. 3.Portions of the lot below the 985.5' OHWL have been designated as Dickey Lake. Page 1 of 4 £ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 1*^ 4. The wetland on Lot 2 has been designated as a drainage easement, 5. The plat has been named Wolfs Run. Legal Documents; 1. A title opinion addressed to the City has been signed by the property owners. 2.A legal description of the drainage (wetland) easement has been provided (Exhibit A). Fees: 1. The $200.00 filing fee has been paid. 2. A park dedication fee of $4,900.00 has been paid. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota hereby approves the final plat application for Theodore F. Wolf and Mj™ T. Wolf for Wolfs Run subdivision located at 900 Willow Drive North per the survey dated December 23, 1996 as revised on December 8, 1997 by Mark S. Gronberg of Coffin and Gron erg attached as Exhibit B, subject to the following conditions: The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder’s office or Registrar of Titles office on or before Janu^ 12, 1999 together with a certified original copy of this resolution and executed copies of the easements noted. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application wit the City of Orono for subdivision review. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of January, 1998. 1. Page 2 of 4 CITYof ORONO RESOLUTION ^XHE aTY COUNCIL ATTEST: L- Bo rothy M. Hdlin, Gttr€terk Lincic\. S’ i/ee^ Cl^r*^ GabViel Jabbour, Mkyor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instinmen^^'^ aclpiow^dged before mem^s 12th day of January, 1998 by Gabriel Jabbour and Do r^y M. Ilalunt Mayor ana^ty^lerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN NOTARY PUBU^MINNESOTA HENNEPIN COUNTY MS My Ccmmlsslcn Eioires Jjn. 31.2100 Notary Public TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES Au MAR 1998 ^Pir^ COUNTY MINN. DcPUTY Page 3 of 4 Accessory Structures RRl-B District 1. Same as front yard setbacks as zone and no closer to street than the principal structure. 2. Side 10', unless > 750 sq. ft. < 1,000 sq. ft.=15' 3. Rear 5' ( except garages 1 O') 4. Accessory structures exceeding 1,000 sq. ft. shall be at least 30' from side or rear lot line and shall meet the minimum zoning district principal structure setbacks. Private Stables and Barns: 1. Minimum 75' to lot lines 2. Minimum 150' to nearest adjacent residence 3. Height 30' maximum and no greater than principal structure, whichever is less Backlots/Front Lots adopted Jan. 1,1994 1. Accessory structures within a back lot shall be allowed no closer than 1 O' to a neighboring property's side or rear yard. 2. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure shall be allowed within an access lot. S 10.03 Subd. 25. Mining. The commercial extraction of sand, gravel, or other material from the land and removal thereof from the site without processing shall be mining. In all districts the ::onduct of mining shall be permitted only upon issuance of a condi tional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. Subd. 26. Soil Processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation, and such permit shall not be granted for a period of longer than twelve (12) months. Source: Municipal Code Effective Date: 9-14-67 (Sections 10.04 and 10.05, inclusive, reserved for future expansion.) Subd. 27. Special Standards for Back Lots Created After January 1, 1994. Back lots as definen in diis-seetroh which were created as part of a subdivision that received preliminary subdi\:s-on approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A. Dimensional standards for back lots shall be as follows: 1. n Lot area shall be 150% of the zoning district requirement. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlet corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line, and at the street yard setback line. i ORONO CC 259 (4-1-84) B. C. 3. The depth of the required street yard or front yard shall be 15055 ■ of the zoning district front yard requirement. 4.The required side yard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. Dimensional standards for front lots. A front lot created as .an of a front/back lot division shall meet all zoning district arf , A'idth and setback standards, except that the required side yard of the front lot adjacent to the access outlet shall be equivalent to the side street yard requirement for that zoning district. Access requirements. 1. j. 4. 5. Access outlets shall be 30 ’ minimum width, and shall be wide enouah to accommodate drainage, snow removal and screening without encroaching on neighboring properties. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlet if Council determines that creating an additional access to the existing street will be a potential safety hazard. Driveways within a back lot shall be located at least 10 ’ from the side or rear lot lines of adjacent lots. No more than two residences may be served by a driveway located within an access outlot. No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlets for creation of a public or private road meeting City standards. D. Screening requirements. 1.Driveways constructed in access outlets shall be adequately screened by fencing or vegetation at the discretion of the City, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. E. 2. ■ The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the City, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. Standards for accessory structures. Accessory structures shall adhere to all requirements of the zoning code, with the following additional requirements: 1. Accessory structures within a back lot shall be allowed no closer Than 10 ’ to a neighboring property’s side or rear yard. 2. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. j.No accessory structure shall be allowed within an access outlot. SECTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in its place: Subdivision 5. Double frontage lots, access to lots, and front/back lot divisions. A. Double frontage lots. Double frontage and reversed frontage lots shall be avoided e.xcept where necessary to provide separation of residential development from traffic aunerials or to overcome specific disadvantages of topography and orientation. B. Access from any anerial roadway. Lots shall not, in general, derive access e.xclusively from an anerial roadway. Where driveway access from any anerial roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any anerial roadway. C. Front/back lot subdivisions. "Flag lots" and "easement back lots" as defined in thi.s Chapter (see definition of "Lot-Back") shall not be created. FrontAiack lot divisions shall be allowed only in conjunction with the creation of an outlot to provide access from the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area for either the back or front lots. Front/back lot subdivisions shall adhere to the following standards: jr TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 13,1998 SUBJECT: #2391 Evan Anderson 1260 Spruce Place Conditional Use Permit~Variances—Public Hearing Zoning District: LR-1B Lot Area: Application: Lot History: 11,736 One Family Lakcshore Residential District (1 Acre) square feet (.27 acres)______________________ This applicants are applying for an after-the-fact variance for hardcover to allow a patio remain in the 0-75' distance from the lake. The patio is replacing a deck that was removed in the same location. Also variances are necessary for hardcover in the 75-250' lakeshore setback to allow for the patio and the reconstruction of an old garage. The garage would also require a variance from the side yard adjacent to the street setback. This application will also require a Conditional Use Permit for retaining walls that have already been replaced on the property. Section 10.03, Subd. 19 of the Zoning Code prohibits any repair or replacement of retaining walls on lakeshore property without a Conditional Use Permit. The applicant has stated old wooden retaining walls that were in disrepair were replaced with concrete walls. It should be noted that the applicant did not do any grading or filling on the property. Comparing a survey from 1996 to the new survey it spears that several retaining walls have been added, to include the area within 75' of the lake. A condition of approval must include a variance to allow retaining walls within the shore setback zone. On its May 27, 1997 meeting the City Council granted a variance from hardcover in the 75-250’ setback to allow a roof to be built over the entrance of the residence. U239t Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit 8/17/98 Page 1 This application will require the following variances: 1.Hardcover within 0-75' of the lake. The total hardcover within the 0-75' distance of the lake is 760 s.f. (18.5%). A portion of the hardcover is permitted as steps, provided the applicant receives a building permit. 2.Hardcover within 75-250’ of the lake. The total hardcover existing is 4,221.7 s.f. (55.3%). The proposed hardcover would be 4,271.3 s.f (56.0%). The increased hardcover would be a result of a larger garage and a portion of the patio outside of the 75' setback. 3.Structural coverage to exceed 15% on the lot. The existing structural coverage 1,992.75 s.f (16.9%). The proposed coverage would be 2,033.35 s.f (17.3%). 4.Side yard adjacent to street setback for an accessory structure. The proposed new garage would replace an existing garage. The setback would not change, but the new garage is proposed to be 2' wider than the existing building. The setback would be 5’ where 10' is required for an accessory structure. 5.To allow retaining walls within the 75' shore setback. This variance must be approved to allow the Conditional Use Permit. Section 10.56, Subd. 16(C)(5) prohibits retaining walls from be placed within the shore setback zone. This application requires the following Conditional Use Permit: 1.A Conditional Use Permit is required to allow the replacement of the retaining walls on the property. This is an after-the-fact issue. Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.22, Subd. 1(B): Average Lakeshore Setback Regulations Section 10.56 (16)(C)(6): Average Lakeshore Setback Regulations Section 10.03: Accessory Structures Section 10.56, Subd. 16(C)(5): Placement of Retaining Walls Section 10.03, Subd. 15(C): Non-Encroachments Section 10.24: LR-IB One Family Lakeshore Residential District £van Anderson 1260 Spruce Place Variances and Conditional Use Permit 8/17/98 Page! ' i ANALYSIS T ot A^ea and Yards LR-IB (1 Acre) Lot Area Lot Width Lakeside Yard Side Yard Rear Yard Street Yard Required 43,560 s.f.100’75'10'35' 10'for acc. structures 35' 10' for acc. structures Proposed 11,736 s.f.52.6'Existing; 70’ Proposed: 70' Existing; 5' Proposed: 5' ir 5' The lot does not meet lot area or lot width requirements. A variance is required for an accessory structure to be located 5' from a side yard adjacent to the street. The city owns Lake Street which is maintained by the property owners. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested o'-iy 4,110s.f.760 s.f.(18.5%) to include patio and retaining wall none (0%) 760 s.f. (18.5%) yes 75'-250'7,626 s.f. • 4,221 s.f. (55.3%) 1,906.5 s.f. (25%) 4,271.3 s.f. (56.0%) none 250'-500'0 0 0 (30%) 0 none 500'-1000'0 0 0 (35%) 0 none The applicant has proposed to maintain the total hardcover within the 0-75 lakeshore setback at 18.5%. This would include the addition of the patio and retaining wall. A hardcover variance is also required for the 75-250' distance from the lake. The increase would be from 55.3% to 56.0%. U2S91 Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit & V98 Page 3 Structural Coverage Total Lot Size Total Structural Coverage Percentage 11,763 s.f.Existing: 1,992.75 s.f. Proposed: 2,033.35 s.f 16.9% 17.3% The lot does not meet the 15% structural coverage requirement. A variance would be required to build a new or larger garage. ANALYSIS Conditional Use Permit - For the replacing of retaining walls. The applicant has stated no grading work or filling has been done on the property. Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. The applicants have built retaining walls within 75' of the lake. If the Conditional Use Permit is approved a variance from the Zoning Code is necessary. 2.That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The location of the conditional use would not be detrimental to public health. They have replaced the retaining walls to prevent further erosion on the property. Most of the drainage in the area drains through Lake Street and the applicants property. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The applicants are required to have a variance approved by the City for the retaining walls within 75' of the lake. ^2391 Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit 8/17/98 Page 4 STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Issues 1 . This application contains several issues: A. Replacement of the existing garage. The new garage would be 40.6 s.f. larger than the existing garage. B. Adding hardcover in the 0-75' distance, and adding hardcover in the 75-250' distance. Both require after-the-fact variances. C. A Conditional Use Permit to allow the replacement of retaining walls. This also is an after-the-fact situation. 2. 3. 4. 5. The property suffers from excessive drainage resulting in erosion on the property. At times Lake Street complete fills with water nmoff for periods of time. Lake Street offers a buffer zone to the neighboring property. A variance for hardcover in the 75-250' was issued last year for a roof to cover an entrance to the house. Some retaining walls show on the new survey that were not on the survey completed in November of 1996. STAFF RECOMMENDATION Staff recommends approval of after-the-fact variances for hardcover to allow the patio and retaining walls to remain as the property suffers from excessive water runoff and erosion. Also, staff recommends double permit fees for all improvements made prior to obtaining a building permit. Staff recommends approval of a variance from side yard adjacent to street setback requirements to allow the construction of a garage 5' from the lot line, as the impact on the neighboring property is minimal. The properties are separated by Lake Street, which is maintained by the property owners. Although, Staff does not recommend increasing the size of the garage. The recommendation is to replace the garage with another of the same size to eliminate a lot coverage variance. U239J Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit 8/17/98 Pages Staff recommends approval of a Conditional Use Permit for the replacement of retaining >^alls due to excessive erosion of the property. The replacement of the wood retaining walls with concrete will solve the applicants maintenance problems subject to the following conditions. 1.The applicants receive approval for a variance from allowed hardcover in the 0-75' distance from the lakeshore. 2.The applicants receive approval for a variance from allowed hardcover in the 75-250 ’ distance from the lakeshore. 3.The applicants receive approval for a variance to allow retaining walls within 75' of the lake. 4. No other grading or filling, or no repair or replacement of retaining walls will commence on the lot without receiving approval from the City. 5.A building permit must be applied for in a timely matter, with all new additions being improved by the Building Official. Attachments A B C D E F G H I Application and Statement of Hardship Plat Map Location Map Old Survey New Survey Topographic Map Hardcover Calculations Property Owners List Permit Record iH39I Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit 8/17/98 Page 6 A « 1 Application if ^ / Date Received Amount Paid AsF\-^_____* I •» * w CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (550.00 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 ^ i, . , SiteAddress______________/26o S^0C£ l-^L ■ Moo /-)h ,K' Property Identification Number (P.I.D.)^________________________________________ Attach legal description to application if not included on required survey. Date Propsi|y Acquired___________________________________________^(month/year) I (do) ng) also own the adjacent parcels of land. Present use of property: V residential Zoning District: other (specify). APPLICANT / Name Av^AV Address: if'C • OWNER (if different than applicant) Name Phone (horne d I" Phone (work ) 35*2 ^ Zip:_££3^City:. Phone (home). Phone (work)_ Address:City:.Zip:..1 DESCRIPTION OF REQUECT Estimated Construction Cost $____________ (2]^ DescribeTeauest in detail: /^A~r/Q C4j/‘r^ ^7Z»J^ ^ AhS UJjIrLt/ {4't 7aD ) Pt'f-'- AuSo (attach additional sheets if necessary)^ )C|STr LoAicrt iS years c>t-0 fvtoo PlcoC. <,orokSrO VARIANCES REQUIRED . ^ ___Lot Area Lot Width X Hardcover ___^Lot Coverage V W' '-t- Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preve^ing compliance with Zoning Code requirements: fioTT^^ /Pi^/e/:i /V/Ob Patw- T^ErTtOjc^J ! f=)Lf^ismeuY (xiF=^ CLAV pu€^ tZ) Soft Sol ' additional sheets ftf necessary) J . ^i^vn a(^S e/Ks^Trf ^ 7 Imil Hr m mtuiS “4 *>1 \QPOBI CIH 0BATSDE 'AILS 3 CiR [ia ;:I|| STM S . -akcvicv .;0 ••• f” *»• *. •, • • • .. ) RSO OAX T Red •' I Oak ■'5 . • • ‘ . 'f'W* Skogsb^g Point EHEEN ST ORONOHIGHSCHRST1NE OR = /1-^. BATS IAT3 V 'i Or AOAHL ro Ma^W\ fiSMX I w A ^ :-r 600 BOHNS /• - .: "^f' ORONO Arm . atartut lIMf ood Point DEERIhb -»'• ‘— •''' . *' '• >2 ■ 1 •■ ° AS \^ * -•?•*"* •-*»'**.•• • • V CO flfli v--' Vv 'w‘V' *.'- -‘ • ir* Y?rv'cf/7/.'.‘. ^ 1 »■ ■-.»:. * * • ^. mm. r> vnotKiMEn. SHosPi •.. G SL£!m AH IICKSON AVE TQIO ^ V' V, . -:• • A< 9wm Lot 1, Block 1C. Saga Hill Revised,' together with th*t part of_ _ _ _ m • vacated Lake Street adjoining said Lot 1, Block 10 a» shown on the survey attached to the notice of vacation In Book dfeb of Miscellaneous, page 59o. Docuaent No. 32135^13 □ ■ WOOD STAKE PLACED O • IRON MON. SET • • IRON MON. INPLACE B.M. - BEARINGS.ON PROPOSED INFORMATION ASSUMED DATUM 1«» pi non El PV. GARAGE FLOOR ELEV. RASFMFMT ELEV. TOP BLOCK ELEV. -► * DRAINAGE 000.0 « EXIST. ELEV. (o00.o)« PROPOSED ELEV. EXIST. & PROP. ELEV. i SCHOBORG 1 hereby eertlly that this plan, survey or report was. prepared by me or under my direct supervision and that 1 am a duly Registtrad Land Surveyor under the laws of the State of Minnesota o JOB* 477S lAnd surveying Book - Page 3$-/? Scale . »WOy.f%1135g Oeta>w,MN building permit survey FOIL ^\//?A/ /}_______ Wi<' ______ + ’-? ^ I 'fct< JW, 34.jL_ ^1:5 r. \ ' W V >' .o1> ^4^Stk4t\ fT. .(» iV:IS ,»t' 'TOt \ Lat 1. aiock IC.Swa Hill B»vi««d. tog«tn« with that p*rt^ \ \ ^. . . .4H i«, \ Block 10 »s mown on the survey attached _ filed in me office of me Keelster of Deed., hennepln County. Wlnnesom. O • WOOD STAKE PLACED © • IRON MON. SET B.M. - BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM _________1st FLOOR ELEV. ________BASEMENT ELEV. • DRAINAGE 000.0 * EXIST. ELEV. (oOO.q)* PROPOSED ELE\. IRON MON. INPLACE GARAGE FLOOR ELEV. TOP BLOCK ELEV. ^ J« EXIST. & PROP. ELEV. SCHOBORG ND SURVEYING INC. I hoftoy cortlly init this P«*n. survey or roport wts prloared oy mo or jnoor my direct auoorviilon ond mot I om a ouiy Regisiorod Land Surveyor under the laws of me State of Minnesota JOBS 477f Book - Page 39-/4 Qy. m. 13 SE /f/^^ Registration No. 14700 / SETBACK 20PiEi (CIRCLE ONE) • « 75-250*^-’iSO-SOO'500-lfl , /I > wrryrTNfi warticovto in zqwe VT' a . House_______Si---- G? .. /iC!x ~Zo /oa S.F. u<i«e)wum X X X S.F. S.F. S.F. I.f2 B. Cengs C. Drivcwiy S.F. X X S.F. S.F. D. SWewalk X X S.F. S.F. e!, Pitio/Deck ^ ^OcO^C^ LS.______ X X S.F. S.F. F. Landscspe Uoderlsin By Plastic Or Fabric X X X S.F. S.F. S.F. 0. Other S.F. TOTAL HARDCOVER IN ZONE total prof ^e^^ area in zone ^ ^ PROPOSED HARDCOVER IN ZONE A. House _____________ L«e|Ci wMm X X S.F. S.F. S.F. B*. Gangs S.F. C. Driveway S.F. S.F. D. Sidewalk X X S.F. S.F. E. Fatio/Deck X X S.5. S.F. F. Landscape Uoderiain By Plastic Or Fabric X X X S.F. S.F. S.F. A B G. Other S.F. 1 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ ® .xlOO - S.F. A. S.F. S’ % RUN DATE OJ/07/97 BATCH 504 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY (Atfl-RS LIST PROP AODR OWIER NAME TAXPAYER NAME/AODR 58 07-117-23 41 0076 • 01254 LOHA LINOA AVE K L HOFFMANN A L S HOFFMANN , KETMETH L A LINOA S HOFFMANN 1254 LOHA LINOA AVE MOUND HN 55364 PROP AODR 0»MER NAME TAXPAYER NAME/AODR 38 08-117-2S 32 0005 01220 • LOMA LINOA AVE M HYATT MOE ETAL H MYATT MOE / 825 SO 8TH ST MPLS HN 55404 PROP AODR OMNER NAME TAXPAYER NAME/AOOR 38 08-117-23 32 0012 01260 SPRUCE PL E A ANDERSON ET AL TRUSTEES EVAN A ANDERSON 1260 SPRUCE PL j MOUND m 55364 PROP AODR OMNER NAME TAXPAYER • NAME/AODR 38 08-117-23 32 0015 01290 SPRUCE PL HENNEPIN FORFEITED LAND HEMCPIN FORFEITED LAND 96U0 1/23/97 TJWRSOAY 9i00 CITY RES 2080 REPORT NO. P143540I PAGE 11 38 07-117-23 41 0077 01254 LOMA LINDA AVE . R L HOFFMANN A L S H0FFMAM4 KENNETH L I UNDA S HOFFMAfM 1254 LOHA LINDA AVE MOUND MN 55364 30 07-117-23 41 0078 01295 SPRUCE PL HENNEPIN FORFEITED LAND CITY OF ORONO CONVEYED 2/0/82 ST DEED 16U47 38 00-117-23 32 0007 01240 SPRUCE PL D A NALLNER A L J MALLNER DAVID A MALLNER 1240 SPRUCE PL MOUND MN 55364 38 08-117-23 32 0008 01250 SPRUCE PL H M HOLFE ETAL H M HOLFE 1250 SPRUCE PUCE ^ HOUND MN 55364 38 08-117-23 32 0013 01270 SPRUCE PL K H A E E ERICKSON KEM4ETH A ELAINE ERICKSON 2773 CASCO POINT RO HAYZATA MN 55391 38 08-117-23 32 0014 01280 SPRUCE PL P J A S J SCHUELLER PAUL J A SUSAN U SCHUELLER 1280 SPRUCE PL MOUND HN 55364 38 08-117-23 32 0016 01300 SPRUCE PL HILLIAM 6 AHERN HXLLIAM G AHERN 1300 SPRUCE PL MOUM) H4 55364 V TOTAL BATCH 504 00011 1 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 KNOHLEDGE AND BELIEF. DATE ■tef tu.¥ 'XJ' i • •• X Permit No. S’?! to 2'7*<{ SPib • • PERMIT RECORD I Date ST-PO-S^ ?- 3- 57 Type of Permit X^A^n<\<sfv'rsA£^ /?oc/ *7~ c?3 ~ fe P P/’ fe<o 3acuJt?g. H. ^-/7- 7 V AODrn(\Ai (o' r9 • • , ..••• .••••-••••• •*••• •, t To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. Gaf&on, Senior Planning Coordinator August 13,1998 Subject:#2398 Wayzata Country Club, 200 W Wayzata Blvd - Conditional Use Permit Public Hearing Zoning District:RR-IB, Single Family Rural Residential, 2 Acre, (Wayzata Country Club operates under a Conditional Use Permit dating to 1968). Summary of Request Wayzata County Club requests Conditional Use Permit approval of a master plan for upgrading the course including: 1. 2. 3. Reconstruction, relocation or addition of tees for each of holes #1-18. Reconstruction, relocation and or addition of bunkers (sand traps) along most fairways and around most of the greens for holes #1-18. The bunker reconstruction also involves installing drain tiles outletting to existing ponds or drainageways. Expansion of 3 pond areas on the property, two of which are wetlands subject to City and MCWD/Corps of Engineers regulation, and the third of which will be in a low area that may or may not may be wetland but is not on any wetland maps. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Reduced Version of Boundary Survey (full size survey on file) E - Excerpts from Bunker and Tee Relocation Plans F - Excerpt from Draft City Storm Water Management Plan G- Excerpts from Proposed Master Plan H - 1997 Letter to Oberhauser I - Previous Approval Resolutions Note: Staff has been advised that the proposed work is likely to be accomplished over a period of perhaps 5 years, more or less, and as we indicated to the applicants representative Mr. Oberhauser in 1997 (Exhibit H) the City would prefer to review the entire plan comprehensively, issue a blanket conditional use permit for those items not needing further Council review, and have staff review the individual land alteration permits for the various phases as they are constructed each year. Zoning File #2398 August 13, 1998 Page 2 Review of Proposed Land Alterations Area I - Southwest of Old Long Lake Road Holes #10-11-12-13 #10 a. #11 #12 #13 b. c. d. a. b. c. d. e. a. b. c. d. e. f. a. b. c. Construct 5 tees to replace existing tees (most easterly tee will be 30’ from road pavement, approximately 10' from right-of-way, plans do not show right-of-way boundary on grading plan). Note that this construction is actually in the City of Wayzata. Construct a new bunker on low ground halfway down the fairway. Construct 2 new bunkers near green: drain tile bunkers to existing ditch on north side of hole #10. Reconstruct cart path to #11. Construct 4 new tees to replace existing tees. These will be near the w'est property boundary (detail needed to confirm how close). Remove 2 trees along right side of fairway just north of tees. Reconstruct the 2 fairway bunkers. Reconstruct bunkers near green. Drain tile bunkers to existing ditch (right side) or wetland (left side). Replace/reconstruct/build 5 tees. Remove trees along left side of fairway. Reconstruct and greatly expand the existing pond at dogleg. This is a NWI wetland but not on the City’s 1974 inventory. This wetland expansion requires MC WD/DNR/Corps of Engineers review, but no detail has been submitted to the City for review, and this would require a separate application at the time this work is proposed. Expand fairway to the west around the pond expansion (intent is to replace rough sod wdth fairway sod, no grade change anticipated) The area further wrest is also a NWI (but not City) wetland that has been ditch/drained in the past. Reconstruct bunkers near green. Drain tile bunkers to existing pond near green, which pond is also a non-city NWI wetland. Replace/rebuild/add 4 tees, nearest about 45' from the traveled road or about 20-25' from the right-of-way. Relocate 2 bunkers near green, add a third bunker. Drain tile bunkers to pond near #12 dogleg. Zoning File #2398 August 13,1998 Page 3 Area II * North of Luce Line Trail - Holes #2. 3.4. 5. 6. and 7 a. b. c. d. e. a. b. c. a. b. c. a. b. c. d. a. b. c. d. e. Reconstnict/rebuild/add 4 tees. Rebuild fairway bunkers and add a third bunker. Rebuild bunkers near green Drain tile fairway bunkers across #5 to existing constructed pond. Drain tile green bunkers to daylight in rough. Reconstruct/relocate/add 5 tees. New back tee as shown may extend near adjacent residential lot comer where a mound septic system is located, hence additional detail needed to confirm there are no conflicts. The new back tee cuts into the woods at this location. Reconstruct fairway bunker. Reconstruct bunkers the near green. Drain tile bunkers to daylight mainly to existing swales that drain towards Chevy Chase Subdivision (need to consider impacts on downstream properties). Reconstmct/rebuild/add 3 tees. New back tee will potentially encroach near/into Lot 2 of Hauser Lauer Addition - need to have detail to confirm location. Reconstmct bunkers. Drain tile bunkers to daylight, same comment as #3 D. Reconstruct/add 3 tees. Fill in old pond (approved via CUP in 1980's) and build a big new pond in area that is not City wetland and not NWI wetland, to solve drainage problems on fairway. No detail has been provided, but this apparently would create a new pond 300' long by 50 to 100' wide, which has great storm water quality enhancement potential if done correctly as designed it will, however, be very near the rear lot lines of homes on Chevy' Chase Drive. Rebuild fairway bunker and green bunkers. Drain tile bunkers to the old/new pond (note that pond boundary on tee location plan is much larger than that shown on the bunker construction plan). Reconstmct/relocate/add 5 tees. Some will be closer to (and possibly encroach) the Luce Line right-of-way. The DNR is aware of this and needs to be consulted by Wayzata Country Club. Relocate path around tees, near Luce Line. Add a fairway bunker on left side of dogleg. Remove willow tree on right side of dog leg. Expand existing pond. This is a City protected, NWI mapped pond that w^ expanded once by conditional use permit in the 1980s. The current plan shows it significantly expanded, and it should be a benefit to the City as enhancing storm water quality. This pond is in the upper reaches of a string of low wet areas that Zoning File #2398 August 13,1998 Page 4 a. drain to the south of the Luce Line through the course and eventually to Peavey Lake in the West Femdale area in Wayzata.Add/rebuild fairway and green bunkers.Drain tile all bunkers to existing ditch and pond. Add/rebuild 5 tees. New back tee will be near private lot lines to the north and northeast. Remove dying willows. Expand fairway (by mowing? by grading? detail needed). Relocated green bunkers. Drain tile bunkers to existing pond. Arpa ITT - South r.fT.iice Linp east of Old Long Lake Road - Hole #1. 8. 9. 14.1?. 16, 17.andI5 #1 a. Rebuild/add 4 tees. . j *-n b. Expand right side of fairway at dogleg (by mowing? by gradmg? need detail). c. Rebuild left fairway bunker. d. Rebuild green bunkers. e Drain tile bunkers to existing ditch between #15 and # 18. #8 #14 a. #15 a. Minor reconstruction of tees. Reconstruct bunkers near green. Drain tile bunkers to existing ditch between #15 and #18. Add/rebuild 4 tees. Trim/manage trees along fairway. Rebuild green bunkers. Drain tile bunkers to daylight near road ditch. Add/rebuild 4 tees. Back tee will be about 50' from paved road, about 20' from right- of-way. Rebuild fairway bunkers. Rebuild green bunkers. Drain tile bunkers to daylight at Luce Line Trail ditch (impacts on trail?). Add/Rebuild 5 tees. Back tee will be very near Luce Line right-of-way (any impacts?). Rebuild fairway bunkers. Rebuild green bunkers. Add rock to landscaping of ditch (creek). Drain tile bunkers to ditch (creek). L 5ht- any Zoning File #2398 August 13,1998 Page 5#16 a. #17 #18 a Add/rebuild 4 tees.b Regrade hill in front of forward tees (detail needed; this will be near the east residential lot boundary ’).c. Rebuild green bunkers. • uu u ^d Drain tile bunkers to ditch that connects to Femdale Green neighborhood. a. Add/rebuild 4 tees. ^ ^ ^ b Add/rebuild green bunkers (near Luce Line Trail; impacts?). c. Drain tile bunkers to existing #15 and #18 ditch. a. Add/rebuild 5 tees. Back tee will be near Luce Line (impacts?). b. Add/replace fairway bunkers. c. Rebuild green bunkers. d. Drain tile bunkers to # 15/# 18 ditch. Review of Potential Impacts A maioritv of the proposed plan has little or no impact on neighboring properties and should have no negative environmental effects. Grading plans for most of the tee been nrovided Additionally, a plan for the drain tile system for the bunkers has been submitte^ and since^the bunkers will primarily be discharging rain water that falls d-rectly in them, there should de.«! environmentll impact from frtefr eventual discharge to recetvmg watertvays. Certain of the proposed tee locations will be near road or Luce Line rights-of-way or residential lot lines The zoning code does not specify a minimum setback for golf course tees; the only c rnde is that crading within 5 ’ of a lot boundary would be considered as unusual t^rrd s«^aS condS use permit approval. It would appear to that all of the ^ Jh oradinv can land should) be accomplished without encroaching within the 5 protected zone StZroSr ”« .he Line boundaries. It will be critical, however, in a few as noted above, to verify lot lines and tee locations at the time an annual project permit is issue , avoid encroachment into neighboring properties. Planning Commission may wish to consider whether it ™“f<*.‘«.W.opriate to «mblish a setback for tees from property boundaries, based on the activity impact on adjacent "r S^ce wtoe Z hasSrically been, say, 50' from a residential lot line, and a new proposed tee^ll be very near the lot line, that will change the degree and nature of activity near the residen property. rangmg from 50-500 yards eac ^ ^s mostly moving material from place to placerss'rsS’ yards of sand will be imported for the bunkers. Zotvng File #2398 August 13, 1998 Page 6 Poiid Expansions Will Require Separate Applications The proposed pond expansions appear to staff to be conceptually not only appropriate but beneficial in terms of the City's comprehensive storm water management planning. They will create additional storage volume in areas that receive direct golf course runoff, therefore having a potential to provide some retention of nutrients from the runofi. However, virtually no pond design detail has been submitted, and a significantly higher level of engineer detail would be required before a CUP and land alteration permits could be issued for the pond construction. That detail would include as a minimum: a. Wetland delineation by a wetland professional. b. Grading plan including existing and proposed contours and cross sections. c. Confirmation of MC WD/DNR/Ccrps of Engineers permit approval. d. Other engineering detail work as maybe appropriate for each specific site. Additionally, the proposed pond on hole #5 is in the back yards of Chevy Chase Drive properties and represents a change that might generate discussion, based on staffs recollection of an approval process for the existing small pond excavated by the Club in that area some 10 or 12 years ago. Master Plan Approval/Conditional Use Permit/Land Alteration Permit Process In the past the City has approved golf course upgrade concept plan for Wayzata Country Club and other golf courses where projects are intended to be staged over long periods of say 3 to 5 years. Staffs recommended approach would be that the City adopt a resolution for concept plan and conditional use permit approval subject to the following conditions: 1. 2. 3. 4. The tee and bunker reconstructions are approved pier the submitted plans, subject to issuance of a land alteration pieimit to be obtained annually by the Country Club for that spiecific year ’s projects. Any plan revisions would, at staff discretion, be subject to fiuther Planning Commission/Council review. The submittal for each year's plans would have to include a more detailed survey for those portions of the course where grading will be near lot lines, to ensure that lot lines are staked and that grading will not encroach within S' of those lot lines (or within some other setback established by the City in the concept plan resolution). Planning Commission to recommend, if it feels appropriate, a minimum setback for tees from residentiJ or right-of-way lot lines. The Country Club should be advised to have this concept plan reviewed by, as a minimum, the Minnehaiia Creek Watershed District and the DNR to establish whether any additional approvals are required for the tee or bunker program by those agencies. Zoning File »239i August 13, 1998 Page? 5. 6. 7. All grading work shall be subject to conformance with the "Best Management Practices for Protecting Water Quality in Urban Areas", and although it is not likely to be a necessary condition in a golf course context, approval should be conditioned on proper erosion controls and immediate revegetation of all disturbed areas. Wayzata Country Club should check with the City of Wayzata to see if they any permit requirements for the portions of work that actually occur within City of Wayzata boundaries. The ponds to be expanded on holes #5,6, and 12 will require separate Conditional Use Permit applications inclv.ding a more detailed review process and approval from other Jurisdictional agencies prior to construction. Note that specifically in the case of the pond on hole #6, the expansion of the pond requires a variance since it is a City-protected w'etland. Issues for Discussion 1. 2. 3. 4. Does Planning Commission have any concerns specifically about the proposed tee and bunker plan? Does Plannuig Commission feel that a specific setback standard should be established for tees near residential or right-of-way property boundaries? Is there any public comment regarding the impacts of the proposed changes to the course? Does the applicant have a more defined timetable for completion of specific portions of the improvement plan? What elements are proposed for 1998-99? Does Planning Commission agree with the staff recommendation for a concept approval and conditional use permit approval for the tee and bunker plan at this time with an annual permit program as outlined above? 5. Does Planning Commission have any additional concerns about the proposal? Staff Recommendation Staff recommends approval of a conditional use permit for the tee and bunker program as submitted with the conditions outlined above. Staff recommends conceptual approval of the 3 pond expansions, subject to completing a separate conditional use permit approval process for each prior to construction. Concept approval at this time should not be construed as binding; the merits of each pond expansion project must be taken into account once the required detail plans are submitted. Zoning File #2398 August 13, 1998 Page 8 Options for Action 1. Recommend approval per staff recommendations. 5. 2. Recommend approval with additional or revised conditions. 3. Table for further information (specify). 4. Recommend denial or partial appioval/partial denial (state bases and identify issues). Other. 1 i CITY OF ORONO ^ 6124730510 07/09/98 10:58 Q) :06/13 NO:795 Application # Date Recciyed 7-UD'lK Amount Paid 2 — CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCi ^TIONrnurfcivi* *-'^^ 200 West Wayzata Blvd.,Wayzata, MNSite Address _ Type of Applies ion to be Filed Property Identification Number (P.I.D.) APPLICANT Name Wayzat^ OWNER (if different than applicant) Name_______ Address See attached Country Club Address 200 W >st wayzata Blvd. City Wayzata Phone (home l 473-8846 Phone (work)_ Zip 55391 Phone (homeX Phone (work)_ City Zip, Drte Property Acquired 19S6 Approximately 1 (do) (do not) ilso own the adjacent parcels of land. (month/year) ____S175.0C ____$250.0C ____$225.( ____$200.0( ____$300.(K X $250.0( FEES - CONDITlpNAL USE PERMITS - S 75.0o| For each variance request with CUP application Residential Accessory Use Institutional (church, school, etc.) Guest House/Guest Apartments Duplex Credit/Bldg Commercial/Industrlal Use Land Alteration jrading and filling - designated wetland or floodplain jrading and filling - 501 cu. yd. or more and digging ponds pra ding, seawall, retaining walls within 75' of lakeshore PRD/PID see Fee Schedule $150.00 Renewal Fee (no change from original application) Afler-the-Fact Fee - Double Current Application Fee OTHER APPLIC ATIONS $250.0b Commercial Site Plan Review (+ consultant fees) S300.ob Vacation $200.ob Easement Vacation SI00.03 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.cb Comprehensive Plan Amendment $100.o|o Appeals Other ' see Fee Schedule CITY OF ORONO ^ 6124730510 07/09/98 10:58 0 :07/13 NO:795 REQUIRED SUBimTTALS 1. X Compided Application Form. X Describe request in detail.2. 3. 4. 5. 6. 7. 8. 9. YOU ARE REQ FOR REPRODU SUB^^TTED. ( submitted.) Certified Property Owners List of owners within 350’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificie of Survey (signed by a licensed surveyor) - refer to handout for survey informa ion. Attach legal description to application if not included on required survey. Topogri phic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of he legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Constru :tion plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Ul^D TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY CTION (11 ” X 17" OR SMALLER) FOR ALL DOCUMENTS Sltaff will require to scale drawings of all documents, plans, etc. to be The Applicant and application is not Certification by Cl^r Initials of Clerical S Property Owner must sign this application. Please remember that your cbmplele if the above information has not been included. ical Department that Land Use Application is complete, aff: Date APPLICANT’S SIGNATURE The applicant here >y agrees to provide all information required or requested by the Zoning Administrator, agre( is to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies *Lat thexpeirinformation suppli Applicant's signatur i OWNER'S SIGN/ TURE The owner hereb> reasonable entry c Owner’s signature Applicant must have fll Planning Commission all scheduled review rr true and correc^ the best of hi: Wayzata. CountneJ^u] By: knowledge. Date 7/20/98 acknowledges and agrees to this application and further authorized nto the property by City staff, consultants, agents, commission members, and Council membsrs for purposes of investigatigp^^and verification of this request. Wayzata^;^awjJ^j^9^ By: Date 7/?n/Qfl scheduled meeting, ple^e make arrangements to nave an autiK Building it Zoning 01 (ice of this change prior to the meeting submittals into iKe City erhauser# Secretary City offices 25 days before the Planning Commission Meeting. Meetings are held on the third Monday of each month. Applicants must be present at eetings of the Planning Commission and Council. If an applicant is unable to attend a e make arrangements to have an authorized agent attend in your pl8<*e and advise the Grading Application to City of Orono Wayzata Country Club has adopted a Master Plan. The Plan includes the restoration of the 60+ bunkers, the cutting down of the hill on the 16th fairw ay, the expansion of the existing ponds on the 6th and 12th fairways, the movement of the small existing pond on the 5th fairway toward the green and making it larger, and the building on some new tees including the possibility of rebuilding existing tees. Work on the bunker portion is scheduled to start on August 10, 1998, but no fill (i.e., sand) will be brought to the property until late August or early September. Other than the sand which will amount to approximately 3,600 ton and possibly some stabilizing rocks for the ponds, we have no plan to bring any material to the property. Any excess material from the current bunkers will be spread on site or stored on the south side of Wayzata Boulevard. Attached to the application is the Master Plan, a narrative book detailing the changes, and a drainage plan for the bunkers including new tee locations.. From a timing standpoint, we will redo the bunkers in the fall of 1998 and dig the lake over the winter of 1998/1999. With the exception of two or three holes, tee construction and the movement of soil will not occur until the year 2001 or 2002. ATTACHMENT Grading Application to City of Orono Below is a list of parcels within 350 feet of the Wayzata Country Club. 36-118 36-118 36-118 36-118 36-118 36-118 36-118 36-118 23-43 23-13 23-13 23-14 23-42 23-44 23-34 23-34 0001 0002 0003 0015 0003 0023 0001 0002 01-117-23-12-0001 01-117-23-21-0001 o df ' »)V.oV£ i ■I J RUN DATE 07/15/98 HEIWEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935A01 PAGE 1 BATCH 501 PROP ADDR OWNER NAME TAXPAYER NAHE/AODR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 36-118-23 15 0001 00038 ADDRESS UNASSIGNED STATE OF MINNESOTA DEPT OF NATURAL RESOURCES TAX SPEC BUREAU OF RE MGT 500 LAFAYETTE RD ST PAUL MN 55155 38 36-110-23 13 0005 00503 FERNOALE RD N D A A P A SPENCER DALE A SPENCER 503 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 13 0010 00038 ADDRESS UNASSIGNED EDWARD L DELAHANTY 0 WIFE CHARLES 6 ROER 511 N FERNDALE RD WAYZATA MN 55391 38 36-118-23 19 0002 00575 FERNDALE RD N J 6 t H H DAYTON JANES 6 I MEGAN M DAYTON 575 FERNDALE RD N WAYZATA MN 55391 38 36-110-23 19 0006 00515 FERNDALE RD N AIM SMITH ANDREW J I MARY H SMITH 515 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 19 0012 00975 FERNDALE RD N T W I L Z CLAPP THOMAS W I LAURA Z CLAPP 975 FERNDALE RD N WAYZATA MN 55391 38 36-110-23 13 0002 00038 ADDRESS UNASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 55391 38 36-110-23 13 0006 00505 FERNDALE RD N E J BIERHAN INK BIERMAN EDWARD J I NANCY K BIERHAN 505 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 13 00509 FERNDALE LAUER HOMES INC LAUER HOMES INC C/0 RONALD LAUER 509 FERNDALE RD N WAYZATA MN 55391 0011 RD N 38 36-118 23 19 0003 00555 FERNDALE RD N T W DONALDSON ET AL T W I K C DONALDSON 555 FERNOALE RD N WAYZATA MN 55391 38 36-118-23 19 0007 00517 FERNDALE RD N H 6 JOHNSON ETAL H GLENOON JOHNSON 517 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 19 0013 00955 FERNDALE RD N MICHELE R DAHLBERG MICHELE R DAHLBERG 955 FERNDALE RD N WAYZATA MM 55391 38 36-118-23 13 0003 00038 ADDRESS UNASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 55391 38 36-118-23 13 0007 00507 FFRNDALE RD N H SAJJADI k A D SAJJADI NAMED I AZAR D SAJJADI 507 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 13 0012 00511 FERNDALE RD N C 6 I K P ROER CHARLES G ROER m FERNOALE RD N WAYZATA rm 55391 38 36-118-23 19 0008 00519 FERNOALE RD N JULIE A JORGENSEN ET AL THOMAS A MICHELETTI I JULIE A JORGENSEN 519 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 19 0019 00925 FERNDALE RD N LEOPOLD A MAUSER III ET AL LEOPOLD A HAUSER 111 925 FERNOALE RD N WAYZATA MN 55391 on*1 38 36-118-23 19 0005 • ./'^**r**00525 FERNDALE RD N 1* \ • •J W 06LAN0 INNS 06LAN0 t* *1 *, JAMES • MARGARET OGLAND 525 FERNOALE RD N • ... *. V* WAYZATA MN 55391 /v.n;. f' ■■ :\ iUN DATE AT/IS/TS HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST BATCH 5B1 PROP AOOR OWNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR DWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR SB 3A-118-2S lA 1015 •••38 ADDRESS UNASSI6NED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA HN 55391 3B 38-118-23 28 0007 00038 ADDRESS UNASSI6NED C.WAYNE 8 A ANITA LENEAVE C WAYNE 8 A ANITA LENEAVE 380 WAKEFIELD RO WAYZATA MN 55391 38 38-118-23 31 0007 00038 ADDRESS UNASS16NED D K 8 A C WARNER DALE K WARNER 375 WAKEFIELD RD WAYZATA MN 55391 38 38-118-23 31 0011 •02A0 WAKEFIELD RD W 8 E FERRIL WILLIAM 8 ELEANOR FERRIL 248 WAKEFIELD ROAD WAYZATA MN 55391 38 38-118-23 31 0018 00320 WAKEFIELD RD J P BOTOS 8 C I BOTOS J P BOTOS 8 C I BOTOS 320 WAKEFIELD RD WAYZATA MN 55391 38 38-118-23 31 0017 00375 WAKEFIELD RD D K 8 A C WARNER DALE K 8 ANN C WARNER 375 WAKEFIELD RD WAYZATA MM 55391 OTA AL RESOURCES RE MCT>3" 38 38-118-23 31 0005 00038 ADDRESS UNASSICNED H NORMAN NAFSTAD ET AL H NORMAN NAFSTAD 880 OLD LONG LAKE RD WAYZATA MN 55391 38 38-118-23 31 0008 00038 ADDRESS UNASSIGNED D K 8 A C WARNER DALE K WARNER 375 WAKEFIELD RD WAYZATA MN 55391 38 38-118-23 31 0012 00250 WAKEFIELD RD PAUL BASZUCKl PAUL BASZUCKl 250 WAKEFIELD RD WAYZATA MN 55391 38 38-118-23 31 0015 00380 WAKEFIELD RD C 8 A LENEAVE C WAYNE 8 ANGIE A LENEAVE 380 WAKEFIELD RD WAYZATA MN 55391 38 38-118-23 32 0003 00825 OLD LONG LAKE RD B D CLARK 8TB CLARK BRUCE D 8 TERRY B CLARK 825 OLD LONG LAKE RD WAYZATA MN 55391 REPORT NO. P1835801 PAGE 2 38 38-118-23 28 •003 00830 WAKEFIELD RD R HENDERSON 8 W HENDERSON R HENDERSON 8 W HENDERSON 830 WAKEFIELD RD WAYZATA HN 55391 38 38-118-23 31 0008 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNR) (LUCE LINE TRAIL) 38 38-118-23 31 0010 00220 WAKEFIELD RD W S BLOOMER III/G A BLOOMER WILLIAM S BLOOMER III GERALDINE A BLOOMER 220 WAKEFIELD RD WAYZATA rai 55391 38 38-118-23 31 0013 00280 WAKEFIELD RD R S HODGSON ET AL TRUSTEES ROBERT S 8 BETTY G HODGSON 280 WAKEFIELD RD WAYZATA MM 55391 38 38-118-23 31 0018 00038 ADDRESS UNASSIGNED C WAYNE 8 A ANITA LENEAVE C WAYNE 8 A ANITA LENEAVE 380 WAKEFIELD RD WAYZATA l« 55391 38 38-118-23 32 0008 00885 OLD LONG LAKE RD J B CROOK 8 H L CROOK JAMES B 8 MARY L CROOK 885 OLD LONG LAKE RD WAYZATA MN 55391 i RUN DATE 07/15/9S BATCH 501 PROF AUDI ONHER NAHE TAXPAYER NANE/ADDR PROP ADDR ONNER NAHE TAXPAYER NANE/ADDR 38 36-118-23 32 0009 00368 RUANN RD G S KNIGHT 8 H A KNIGHT GERARD E NARY ANN KNIGHT 360 RUANN RD WAYZATA HN 55391 38 36-118-23 33 0009 00010 NYRTLEWOOD RD J E NATTESON INC NATTESON JANES E NARY NATTESON 10 NYRTLEWOOD RD WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 36-118-23 33 OUui 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNR) (LUCE LINE TRAIL) 38 36-118-23 33 0010 00020 NYRTLEWOOD RD VERENA L PEARSON VERENA L PEARSON 20 NYRTLEWOOD ROAD WAYZATA NN 55391 REPORT NO. PI93S401 PAGE 3 38 36-118-23 33 0006 00050 NYRTLEWOOD RD SEN CNAMPLIN STEVEN K CNAMPLIN 50 NYRTLEWOOD ROAD WAYZATA HN 55391 38 36-118-23 33 0011 00030 NYRTLEWOOD RD J 8 BESSE-LASCOURS/S S RIETZ J D BESSE-LASCOURS/S S RIETZ SO NYRTLEWOOD RD WAYZATA NN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 36-118-23 33 0012 00090 NYRTLEWOOD RD KEVIN L THOMPSON KEVIN L THOMPSON 90 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0013 00015 NYRTLEWOOD RD DARREL T HIEL DARREL T HIEL 15 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0016 00025 NYRTLEWOOD RD DONALD W LUND8ERG ETAL DONALD W LUNDBERG 25 NYRTLEWOOD RD WAYZATA NN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 36-118-23 33 0015 00065 NYRTLEWOOD RD ANITA C LIEBSCHER ANITA C LIEBSCHER 65 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 36 0002 00038 ADDRESS UNASSIGHED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB BOX 151 WAYZATA NN 55391 38 36-118-23 36 0010 . 00690 OLD LONG LAKE RD L F WIKEN EDA WIKEN LAWRENCE F E BARBARA WIKEN 690 OLD LONG LAKE RD WAYZATA NN 55391 38 36-118-23 33 0017 00038 ADDRESS UNASSIGNED H T JOHNSON JR ETAL H T JOHNSON INC P 0 BOX 633 WAYZATA HN 55391 38 36-118-23 36 0008 00038 ADDRESS UNASSIGNED SUMMIT STATION HNOWNRS ASSOC SUMMIT STATION HNOWNRS ASSOC 1621 WAYZATA BLVD E WAYZATA NN 55391 38 36-118-23 36 0011 00038 ADDRESS UNASSIGNED NEC LEJEUNE MICHAEL E CYNTHIA LEJEUNE 18990 31ST PL N PLYMOUTH NN 55667 38 36-118-23 36 0001 00038 ADDRESS UNASSIGNED WAYZATA COUNTRY CLUE WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA NN 55391 38 36-118-23 36 0009 00038 ADDRESS UNASSIGNED SUMMIT STATION HNOWNRS ASSOC SUMMIT STATION HNOWNRS ASSOC 1621 WAYZATA BLVD E WAYZATA NN 55391 38 36-118-23 36 0012 00038 ADDRESS UNASSIGNED H NAGLICH E V-A FISCHER MICHAEL NAGLICH 670 OLD LONG LAKE RD WAYZATA NN 55391 RUN DATE 07/15/98 BATCH 501 PROP ADDR OWNER NAME TAXPAYER NAHE/ADOR S8 S5-118-2S SA 0013 00A40 OLD LONG LAKE RD H NORHAN NAFSTAD ETAL H NORHAN NAFSTAD 12159 ST ANDREWS ST RANCHO HIRACE CA 92270 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 36-118-23 36 OOIA 80650 OLD LONG LAKE R F 8 J C HADDOCKS R F • J C HADDOCKS 650 OLD LONG LAKE RO WAYZATA NN 55391 REPORT NO. PI635601 PAGE 6 38 36-118-23 36 0015 00660 OLD LONG LAKE RD WILLIAM D LARSON WILLIAM D LARSON P 0 BOX 20087 BLOOMINGTON MN 55620 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 61 0001 00395 FERNDALE RD N DAMIAN t ROSEMARIE TOPOUSIS DAMIAN S ROSEMARIE TOPOUSIS 18565 37TH AVE N PLYMOUTH MN 55666 38 36-118-23 61 0002 00365 FERNDALE RO N Dtp CHASE JR DONALD t PATRICIA CHASE JR 365 FERNDALE WAYZATA MN 55391 38 36-118-23 61 0010 00109 CHEVY CHASE DR H E ARNOLDY ETAL H E ARNOLDY 109 CHEVY CHASE DR WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 61 0011 00111 CHEVY CHASE DR THOMAS L CURRY ETAL THOMAS L CURRY 111 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0012 00113 CHEVY CHASE DR WALDO L NELSON ETAL WALDO L NELSON 113 CHEVY CHASE OR WAYZATA HN 55391 38 36-118-23 61 0013 00115 CHEVY CHASE DR AMY SCHUETT AMY SCHUETT 115 CHEVY CHASE DR WAYZATA HN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 36-118-23 61 0016 00117 CHEVY CHASE DR ALAN J t CAROL K ARTHUR ALAN J t CAROL K ARTHUR 117 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0017 00123 CHEVY CHASE DR JANIE W BLANKENSHIP JANIE W BLANKENSHIP 123 CHEVY CHASE DR S WAYZATA NN 55391 38 36-118-23 61 0020 00129 CHEVY CHASE DR D N SAHLSTROM/J E SAHLSTROM DAVID M t JEAN E SAHLSTROM 129 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0015 00119 CHEVY CHASE DR T W FORSTER 1 B J FORSTER THOMAS FORSTER 119 CHEVY CHASE CR WAYZATA HN 55391 38 36-118-23 61 0018 00125 CHEVY CHASE DR R S OLSON I H W OLSON R S OLSON t H W OLSON 125 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 61 0021 00131 CHEVY CHASE DR P D MOYNEUR t L W HOYNEUR PATRICK D MOYNEUR 131 CHEVY CHASF. DR WAYZATA MN 55391 38 36-118-23 61 0016 00121 CHEVY CHASE DR LOUIS B OBERHAUSER LOUIS B OBERHAUSER JR 121 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 61 0019 00127 CHEVY CHASE DR JEFFREY G JACOBSEN JEFFREY t ELIZABETH JACOBSEN 127 CHEVY CHASE OR S WAYZATA HN 55391 38 36-118-23 61 0022 00133 CHEVY CHASE DR AHOREW H STEWART ANDREW H STEWART 133 CHEVY CHASE DR WAYZATA HN 55391 RUN DATE 07/15/96 BATCH 501 fROf ADDR ONNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 38 36-116-23 61 0023 00135 CHEVY CHASE OR ROBERT B HOWE ETAL ROBERT B HOWE HD 135 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0026 00161 CHEVY CHASE DR ROGER D REHARK ROGER D REHARK 161 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0037 00120 CHEVY CHASE DR THOHAS B CASWELL JR I WIFE THOHAS B CASWELL 120 CHEVY CHASE DR WAYZATA HN 55391 36 36-118-23 61 0060 00126 CHEVY CHASE DR RUTH L BROWNAWELL RUT.. L BROWNAWELL 126 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0067 00217 NORTHGATE RD LAURESS V ACKHAN LAURESS V ACKHAN C/0 LINDQUIST 8 VENNUH 60 6TH ST S B6200 HPLS HN 55602 38 36-116-23 61 0051 00220 NORTHGATE RD G H 8 H F DIXON GEORGE H 8 HARJORIE F DIXON 2155 QUAILS NEST P 0 BOX 5696 CAREFREE AZ 65377 36 36-116-23 61 0026 00137 CHEVY CHASE DR C I 8 C SATTERVALL CHERYL I 8 CRAIG SATTERVALL 137 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0035 00116 CHEVY CHASE DR ROBERT LANGGUTH 8 WIFE ROBERT LANGGUTH 116 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 61 0036 00122 CHEVY CHASE DR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0061 00126 CHEVY CHASE DR G C 8 E S SHITH 6 CONNELL SHITH 128 CHEVY CHASE DR WAYZATA HN 55391 36 36-118-23 61 0068 00225 NORTHGATE RD ELIZABETH VELIE WEBB TRUST ELIZABETH WEBB 225 NORTHGATE RD WAYZATA HN 55391 36 36-118-23 61 0053 00036 ADDRESS UNASSIGNED NORTHGATE TWO HOHEOWNERS NORTHGATE TWO HOHEOWNERS UNKNOWN REPORT NO. PI635601 PAGE 5 36 36-116-23 61 0025 00139 CHEVY CHASE DR W L 8 E A WESTBROOK W L 8 E A WESTBROOK 139 CHEVY CHASE DR WAYZATA HN 55391 36 36-116-23 61 0036 00116 CHEVY CHASE DR RICHARD J HCCARTHY ETAL RICHARD HCCARTHY 116 CHEVY CHASE WAYZATA HN 55391 36 36-116-23 61 0039 00126 CHEVY CHASE DR 6 L ANDROLI 8 S L ANDROLI GERALD L 8 SANDRA L ANDROLI 126 CHEVY CHASE DR WAYZATA HN 55391 li36 36-116-23 61 0062 00132 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HH 55323 I 38 36-116-23 61 0069 00233 NORTHGATE RD H H KELLY 8 H D KELLY H H KELLY 8 H D KELLY 233 NORTHGATE RD WAYZATA HN 55391 36 36-118-23 61 0056 00036 ADDRESS UNASSIGNED NORTHGATE TWO HOHEOWNERS NORTHGATE TWO HOHEOWNERS ADDRESS UNKNOWN A RUN DATE 07/15/98 BATCH SOI PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR 38 30-118-23 42 0003 00038 ADDRESS UNASSIGNED HAVZATA COUNTRY CLUB WAYZATA COUNTRY CLUB TO BOX 151 WAYZATA NN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST 38 34-118-23 43 0001 00200 WAYZATA BLVO W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA NN 55391 REPORT NO. PI435401 PACE 6 38 34-118-23 44 0004 00038 ADDRESS UNASSIGNED STATE OF NINN STATE OF HINN (DNR) CLUCE LINE TRAIL) PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 34-118-23 44 0005 00085 FERNDALE RD N A V 8 L S GILMORE ADRIAN V I LAURA S GILMORE 85 FERNDALE RD N WAYZATA MN 55391 38 34-118-23 44 0006 00075 FERNDALE RD N TERRY D wJHNSON TERRY D JOHNSON 75 FERNDALE RD N WAYZATA MN 55391 38 34-118-23 44 0007 00070 FERNDALE GREEN W STEINKRAUS 0 B MCMILLAN HALTER J STEINKRAUS AND BARBARA MCMILLAN 70 FERNDALE GREEN WAYZATA MN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 34-118-23 44 0008 00090 FERNDALE GREEN K B SCHERER I G H SCHERER K B 8 G M SCHERER 90 FERNDALE GREEN ORONO MN 55391 38 36-118-23 44 0009 00100 FERNDALE GREEN P G FARNAND 8 C H FARNAND PATRICK G 8 CAROLYN FARNAND 100 FERNDALE GREEN WAYZATA MN 55391 38 36-118-23 44 0010 00095 FERNDALE GREEN CHARLES A HULSE CHARLES A HULSE 95 FERNDALE GREEN WAYZATA MN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 36-118-23 4s 00055 FERNDALE . W A 8 P O MUELLER WILLIAM A MUELLER 55 FERNDALE GREEN WAYZATA MN 55391 014 aEEN 38 36-118-25 44 0015 00045 FERNDALE GREEN ERIC R BURKE TRUSTEE ERIC R 8 BRENDA S BURKE 45 FERNDALE GREEN WAYZATA MN 55391 38 34-118-23 44 0014 00205 NORTHGATE RD A T HORRISON SVG MORRISON ANGUS I 8 VIRGINIA HORRISON 205 NORTHGATE RD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 34-118-23 44 0017 00211 NORTHGATE RD NORMA R PHELPS NORMA R PHELPS 211 NORTHGATE RD WAYZATA MN 55391 38 36-118-23 44 0018 00038 ADDRESS UNASSIGNED NORTHGATE TWO HOMEOWNERS NORTHGATE TWO HOMEOWNERS UNKNOWN 38 36-118-23 44 0021 00038 ADDRESS PENDING T L 8 N J LAPERRE TIMOTHY L 8 NANCY J LAPERRE 45 FERNDALE GREEN WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 34-118-23 44 0023 00038 ADDRESS PENDING WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB BOX 151 WAYZATA MN 55391 38 36-118-23 44 0024 00085 FERNDALE GREEN JOHN L 8 ROXANNE J POWERS JOHN L 8 ROXANNE J POWERS 85 FERNDALE GREEN WAYZATA MN 55391 38 34-118-23 44 0025 00075 FERNDALE GREEN KENNETH R 8 LINDA L HOPKINS KENNETH R 8 LINDA L HOPKINS 75 FERNDALE GREEN WAYZATA MN 55391 if U j c:.} f V«r18 RUN DATE 07/15/98 BATCH 501 fROP ADDR OMNER NAHE TAXPAYER NANE/ADDR 38 36-118-23 49 0026 00065 FERNDALE GREEN T L I N J LAPERRE TIHOTHY L I NANCY J LAPERRE 65 FERNDALE GREEN HAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 99 01-117-23 11 0002 00163 WAYZATA BLVD W HAYZATA PARTNERS LTD PTNRSHP WAYZATA PARTNERS LTD PTNRSHP 4601 EXCELSIOR BLVD 0650 MPLS MN 55416 REPORT MO. PI43S401 PAGE 7 99 01-117-23 11 0023 00121 WESTWOOD LA S WILLIAM D MACMILLAN t WIFE WILLIAM DUNCAN MACMILLAN 151 S WESTWOOD LANE WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR 99 01-117-23 12 0001 00200 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB BOX 151 WAYZATA MN 55391 99 01-117-23 12 0003 00201 WAYZATA BLVD I WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB PO BOX 151 WAYZATA MN 55391 99 01-117-23 21 0001 00211 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 99 01-117-23 22 0002 00231 WAYZATA BLVD W J E NATTESON 8 N C MATTESON JANES E NATTESON 10 MYRTLEWOtW RD WAYZATA MN 55391 99 01-117-23 22 0003 00490 WAYZATA BLVD W CITY OF WAYZATA CITY OF WAYZATA 600 RICE ST WAYZATA MN 55391 99 01-117-23 24 0004 00401 CO RD NO 15 BURLINGTON NORTHERN INC BURLINGTON NORTHERN INC PROP ADDR OWNER NAME TAXPAYER NANE/ADDR TOTAL BATCH 501 00117 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. 7'l^-58DATE n ./// ■ // / V / / / 7 • • ,0mmm m» • ••» • «» * •••• * \ ^ ww mSI ••• •• •»■• •• »•*— • ••« »••«» •*♦••••• • • <M **»•«» i ••-2.V::, i* I. ' • • I X ». - » •! j\. »v\ / I'i .:,::A> •« MX • • St M. • «.««• ••«%••« IT. »« •••••«»* *%*t —-----------y \ \ \\ ! • ' .’ /.v-^ V.' I I I M !{ * ' t' \ 1 '■ V • • ' .\ \ \ •' ‘ 1 % •• I X. /; /. rv .•\ •* 13 i s i ] '■ rCJr-': M ^1 I*«o 5 mi t 1“y /. ■,H &f f • H*li «—-V-s® ■ • * * • •*•. ■^^'■'//y /j^'/ r < V- ' V /• i c. ^ ••• • ^3 ............••« ■1?^ ■■■■’-:: 0 / ^ ; :'?..) /1 / »« ►. 0- »$ t§piu ::U "AtMj'w I « //©V'f ''■f/f/M / L. ■I • \*. r •.\y-::JI. 1 1®-'/ *: I •• V 'VV*'' '. \• A V \ . ' V> iW>vViTV.'J' /!^’ff '•-. .. .,'S • \ X *». ••- * «• ,\ \* • •>:••. , . ; I***- *. 1 .. *.• € A \. •. ■. • h- * ‘ • ••• ••*: ••*'. V- O / 'A;^/ 71 / /^!t A\ • • •. •■ V-: A’-.V •' •>"' .-•'-Ar'" ' \ '.rn/ ■/ •; V V//. /^:. A:'l \- e ." J'V. / " . .,: ' '' I V iV-' •• '/ r'-^''-<^:/*'y • i f! »t' •* ■ ”■• ■■ •■' /:' ■ '^'■' V'' • '■ ■ ’ / . • •• •. ;• ?..V:' • » ' <1 * •• . • * K ‘.--••^7'/ * -------.V*' • h* ^ ^ *• ----------- A -•* -......... . . •. •— .. ^ N *.,.j /• ./ ‘ f •■. I * * / k • •cn*f • t •'T; ' ^ S 3 K Z Ho H i»*! ?. *3 »> S(p»r» * -—/• *• “'/.«• / .y •\\\ y —........, » 3^» -Uif ‘ ^ f 'I. • . 5;:*•:. / •jTs* . ^ , - . : • . . \ A tf V. • ♦ .. / ,. / •. • . * t / \0j •/ . . •' • • '-y / • , • * . / •• •• 'Vy/;>; *. / • P^-UJ- • llJ (r\ S < V.2 LU !*•-'• o <' LU .• £i-.Q ;pA ■• ,r- / " ■ • ’ V* / ^ •-•’.'A-/'//'/ g < UJ . * '■■•.• 1 ■‘ .* / f < 1 ^M • - • • • • ^ • t so ^1 E Si 3 1 3 2 'O §Sia,=1 al i \ji- s ii;1 ^ ( 3 ^ ;» •*t s ?'2 2 :1 ^ r 1 n : ■< ^ • rN 5** «» !?: 9 -i “ i:^ J ^ M *! «*»- \► •: 5 vr 1 ^ s ;!*»2 !^ »n !9 9 Ii ? 0^ !i! S !I V ??2 ■ ^ 9*0 if r# 1; 3 £" 'i H !S S!. -f .« . ' r< ( P P \£ X £•» •» iF. 8 !E 5 : y J *2 '£ ? :S i s*-> m :1 H J i .i‘. I(» . r«!: 5 1 v« ^5 -.5 >v .y ^ _ 5^:y -'«>| w . 5T , r. ;r. * is r' s 7 2 . r- ' t, ^3 5 5 •» / '/ '■/. • f k'' '['5 lO J V o “V *. ' ♦' X « ' * *v‘ • r> > I .• e< *< o Wi K 4 bJ . c as .• •< o 2 O C O Ui ^ I 0C -f) •. ; o ■ a i' ,'' D Z liJ O''•a <;i X • } H ' ,y^* ■ y ’ ^ -II .'i /'•'a ./ . I** -tvl '''yy^L- y ■*'. s •/'•• 1 l\;AV-j,^y ., « I .H' iSva I I 1 I ✓• • * " yy/ y >. ✓/ 0 “ “D- 1 ;. ,m -V"’ • "■.::‘^v.. / • f .'. n . J. - -■■■^’-' f ■« •t 5- X •5 1 ll H i r f [^f«f ^TJ 4>J/«. I I yi •: ij]3g? _ »« • J ^ \\si£ EC! » T’*\ V^ «• /•U©.#-i \= 2 5 ^ V «< 5 5" ^ « b « p ' '••■ .VC? -• ^ ... . |l ’•^' •** It ' ‘ « J 3 i I T* -*-'’-'?“l * J rf 4 t» *■'•'».Tfc: ^imA ■ t ./ / / »l>^- .ij %•. I / • / » V ‘ ''<• o ^ A. » / '7 ..^ i %/ / I • . . . - Hi I .fi*< »I i'|\ f’"' ''v « N • • « - \'. :* .' . ''• ' V / * ^ / 0 • / I / *\ # jCj M'/f I X . / ■m%'1'*.•- ./r^ ^Xy^ • •, V. '»• • i •■•_ •.• « '.\ \. '.. ; ■ I . • • ,V ..- AX A. I _L«rfn i«- • !;*i . •'♦•tV‘.v‘ .' ■ '.7 •..■•/ ; 7 *•/ // •/ • / // i r • / y' 'X/^ /Vi. »*i . < i: r r i I / h' f • V '- 7 . V' • y «_ « > » # / i * . / /.X :•*' / *. ^ *\. / A / • •\ V • • i-4j *• V • — . -^ * / •. I . ■•’^J''"- ; ■•.^ /»' ' • yy.—. »■' '•-.•',.•/ I •Ai, ■v^. - • A. / '/ © y ?e y 1//i .//<•:>' ' •• !ftf: i 0*'* I * * , • 2 ^ *s ’*' i ^ • :• !H:it I t '‘i 'W**'; i.^7. .1 I :i* / \ * VI • / •• # A'*/y# /' •\ /< i‘ A *I :* \ yH'O'J)rvwx </ « ///A'^Vi// 0 'v' V r * N. 7 V 7 f-.. ' V . '.AVf ;. a/ .•'i“77/ /. . . '•'• A • • •■ ^€(Wi .*3 •?7 6 7 V 7 • i \ ‘ •X . »• ■ • « If .».• i’<» • **.* »*'** • .•' •■ ■.i -‘ \ , ' « •// >■ • * .. ? ’ • V A ♦ .:/ * '•• • V' ’—.. .A.'-.':- '••“■';• ' "''A”v:-'i.7^.'7 Ai'i-- .i k;M < i I • , ^. .. w - u » • • •••. ‘ ^ *** *****»»1L*"a *'“■•••..,. _ ♦* V,- *■*' a* * ------------------- -------- . .• ' • '^*-4 ^ • ^ % • * "i—— • ! • I .'/ : a ’V' / . - . ».• ,.- .• •»■»•* •••• ‘ -.♦. •‘ • •' / • . ■ * ■*' %* •• ‘ . * '..*• /‘V •»ns r • ■' *’* iJ >1iv • • ••. Vs •\ /• ■/ ,^ '>-' ' • ;y-y'&:n •'—,.L A. 1 ’ / -' •<• • --•■ /•“V w -’ ’. v : y *10^ ^ A 1; ■h lU I ***>*^ •‘^v* • SI*'' X v* '^ <> ^ •V.l #»• «. % t »*^dU •’ • '• ' •■• . ii V . v- 5S r ./ / A: Si *• rv.«» 5; •« ,3ft ■ / '. -'.N .-••• •• !*• ► M.** * • r :••, • H 9%^7 O $ Vr- Ji. S. LUQ < y^ n £i- Q AD 4' / <« • ■ . • V / / »;• ••Vi'."'''. * I • i Ul v.i.ol' 5 0 5 3 M .’5 3 1 ex R R #*« S a «0 9.r ■t 'ii 1(s s f 7*a S 1 J4 9 8 xn tn s a s a •» 2 t*f £5 97 A / i *<• R a/ R .4 V • *4 j? ' /■ ■11 i 0 9 e» ««'S •' # 0 ■i '/ i 10 ,i? J M ^ .• •1a mJm X N ta if tr 0 8 fAR C0 »• 0 A 3 3 A s 1 •§1 5 1 r> A «#• 4 H e% P a #>.9 9 s xe $9 £?rr* 70 «n •i*R #*• «r%P • ^ 0 3 t m -f•n A R 5 E a C •t £a 9 a a ✓ r« A v«s •5 *p 9 xn ♦ • 9 V*4vT*■ r # a .6 •e «r>9 5 a t ac OB *- 4 >« 0 0c •• I 0 Ja ua hJ te 0 ee< • • .i.ir:K>/A y'''• • •• o z 111 o .'lil -J- "f Is' ,^;V IWW^ ■ I I J&- .53^*1 Ills y f r i^5Imh0-3 05 ■ . ..•» V x"' $ I • X *> -•• y . .• ^ / i- y y •' ' '/vV.' •*«-v»% \ - '■■’S' » ’•>. •■ /^v. }-»/. *vv .' , ■I X •..• ■. • . \ • N. * >• f.* f;' * ^ / c « / /*/ A'/I •■//> ' // // // fr j I / • * / :• lO'jc.i r-..r /|-YARDS______V4 'o / U>o>r) # a jr» <r• «o '* V m «A T- «a ■3 O <5 CD trf i 1'# ,#• •• • ^ • I Ci\ 4 y y .•*' •. ^ •• • -a. ♦» ,,. y ' •'' y 0 2^' s U^"• ^ >•.!►••• i ^ • O r ------------------------ - .. t * •::• r •. • >. .•^ i • • •=x, X \ ^ \ j • >: ^ j .YARDS 3LAX^i ;,.i47 1 GOLD ’125 1 BLUE ^ ••117 WjTc ■’'133 • REO ‘ (. 93 ^ ^Aaj m •» • ^ • #• • ~^YA?Pi ®^S!J f 443 * • r ^ Ji:---- f E»2 $ r. " I / / & f / f 1 i« • I I s. V. iAJ %''V' ■ •I - ■■ J J Im- * 1 !{ ? \ M • I. i 1^- »«i_. I : '• r • ' I' ^’Trj ’ '5" \c *«:V'’'*-^'<r '.Q enj mxxy^-^ f .-] y :■ /.®y”: ;> . *'f//<'•■/■■ c> \C« ^a** !?!«f ■ ■ ■ r£^^-1 % . * »r n I ' (I il^ t s 8 ,1 /; ' •% 'V* V \ m '•• j* •^ri- \ * - .t«» »• 't • fMi;M.;2 , * *•*; * I *.......... • \ EE L0CATI0N6 SHEET 1 g'// V . \ri. ,x\v; • •• \ a NSf M Mil ...J ■ ■........................ \» «^»r« »».». I'. *» <* ^-X <»in, •• • »• -^r- -r—•*\ • »;#« : i #.*l 9 • j J-il-4 \ r^ * * / • ^: . V * I \ ■ * .• • * t i'Sv ' " •^a \| . . 9W»« 9M« • l.,« X 99S9 », / r ‘./ .I* . • ^ / /V ' / /* ' 1- \ > ‘’ I '''/ A* /. / / / V . lu ) ■ N \ f > V\‘ 0 //f^(•/ »• * ^X* \ '■ '' ""•\\\ } i; •>\ vVivV • AVs ' V* .A- / 7 '•'■ / / K/^ • o 'p a.w • y" f r s V# # ^ #5 ' / /. r *. •\v J I \1 ^ • /■ ( •.......... :J; ,% •••K «4«# \'v* -« €•, . 1. t * .■ V* Vi . • ■ / I ( •\ \ • O %\ : *. f* • •* (4 •* ; *• •'■ * .W»» •»l O* ®4 r .4 . • ' r |Mw* ■f« • ^ •• . \ I /•V #» JiX # •■. \ 4 •// / 9f>%., \ .\■®, I' / • AJ'S11%---i-.:yA^^■■- ~ ">^•. -N^ I - // m « « »;*.• ». _ * * I fflIlsl.-..( /7 r-:: yA./:A’ .. •;rr.> 0 ^ .* *• r ''-V 71 K. \‘.’>./^r-' •• * .X • .•■'' • ' • •. i! •. V-... . ^ -W' W9 S s a « II -f f. *v^ 99«.« » a$f,^■ -------- •• .. Jl^ ........... -<y /• J w« 9 —• ■>.. .•• /Vr ; ^'‘)■; ••■/ • « /'/ f :'//X •V....' . •.\v •\*r<i;' Ci,iii Ki. ■-- • f • **•..* n n 9f r 9^•«i #•' —— n#.; y / V- . • : Cv.^'LLl .,/ . . • «► tA =Sf • • * V- / ___________A_____i1 __________________ ’. f N ^ *»^r. Oz li I i .{. II Vii. : 1 &c I || -.r,I"il t»»^ .it* •b ft f^__ » tut €■\\ / i$ : ' • It YARDS BLACK 410 GOLD 39S 2LUS n 350 WHITE ;!T- RED r 3-', / '-4 \ /■ •" ■' /<v'' * ✓ <j 0 c ..*• J ivdopfis) A. : ■ V. V ! *S .M <N <SqS> -=~. = ''\ .-^ ■ -.V N\,‘ Ci m V. tvciopes) 4 • -'110 yards black 430 < GOLD 415 Ielue I 390 _ I'.VHITE 372 240 #••* V t. ! .X* .-.•#,13'::^ atACts^194 •' _ 1 - g6uo >I* 182 ■ BLUE' V 162 WHITE 144 .. RED.124 par I 3 NO PLANTlMG LINE: — -'(no t^o fjianting i& s.i. ».?.r. .f.* X.(.W- \ t fagzaia MASTER PLAN Prepared By: JOHN FOUGHT DESIGN 24333 North East Airport Rond Aurora, Oregon 97002 Phone: (503) 678-4330 Fax: (503) 678-6239 Revised December 5, 1997 TABLE OF CONTENTS SECTION 1...................................................Plan SECTION 2 ......................Hole By Hole Narrative SECTION 3......................................Cost Analysis IBagzala 11 <• *-' ^OCNTtY mOlJ 1 2 3 4 S •7 1 11 t OUT •CACW • •1 ?:i m } :«•:i»« oi • *•• jf MM •cut ■B «»f I»S i;MO •« .I3»MM UTMTl m «4 ra 1 ti ••:•M 'M?la ar ■M tSD m <1 ai •«:n:•i|ir la m MM PAJk 4 1 s 4 3 1 4 s 4 3 i 4 3t MOCI 10 11 12 13 14 IS 10 17 11 M OUT TOTAL ■CACK o:410 Sii •il MC Mi ♦17 143 440 MM >«MT| •cut 4lf M?••:u*4??n:111 ■7 MM rrM «T« IM4T1 JM U3 m:$:m 441 217 IJ7 M3 MM w MS •■D ur III 4t|4T 7U •1 i»;K|Ri MM aw CM! FAt 4 4 s 3 4 s 4 3 4 Si SI 72 .......i i,- MASTERPLAN WAYAZTA COUNTRY CLUB HOLE BY HOLE NARRATIVE HOLE #1 The First hole is a gentle dogleg to the left. The tee shot has a wonderful view of the landing zone, which is appro.ximately 26 feet below the back tee. Nice trees on both sides frame this hole and a frirway bunker left which is located atop a small plateau. The green is guarded on the right and left by two large greenside bunkers. The putting suifrice slopes severally from back to front especially on the left. A new enlarged forward tee should be constructed near the end of the cart path on the right. The tee shot landing area should be expanded on the right approximately 10 yards (adjacent to the fturway bunker left) so the frirway width is 30 yards. The fturway bunker left should be reshaped so left third of the bunker is filled in since it is behind the trees. The left greenside bunker should remain in generally the same position, though the left side should be removed (filled in). The right greenside bunker should be rebuilt closer to the putting surfrice and more rough (grass) should separate the cart path and the outside edge of the bunker. HOLE #2 The par five Second is a narrow dogleg right which plays slightly downhill on the tee shot. Two bunkers guard the right side of die landing area on the drive though longer players probably can carry these bunkers. The green is elevated approximately 25 feet above the landing area (tee shot) and there is a large fore-bunker 40 yards short of the putting surfece and greenside bunkers both left and right. This is an attractive hole and may be reachable in two shots for longer players. A new back tee, which will be slightly elevated, will add 10 yards to this hole. Two new forward tees should also be constructed near the end of the cart path on the left side slope. Since the modem equipment (and players) are better, a new frurway bunker beyond the second fairway bunker should be added and both existing bunkers rebuilt. This will force all players to play left of these bunkers. Some of the left side of the fore-bunker near the green should be filled in for maintenance purposes. Both greenside bunkers should be reshaped nearer the putting surfece (see plan). HOLE #3 The Third hole is relatively straight and plays somewhat longer than hs’ actual yardage since the green is elevated approximately 15 feet on the approach. The large fairway bunker left is now partially located behind trees on the approach to the green. There are two greenside bunkers, one which has been constructed near the right half of the putting surfece and another left, which is much too fer from the green to serve any useful strategic purpose. A new elevated back tee should be constructed which will add 2 c * 13 yards to this hole. The fairway bunker left should be reshaped so as to fill-in tb .*.• as located behind the trees and push the back right edge of the bunker towards the greea This, along with the new back tee, will make the carry over this bunker 25 yards longer. The left greenside bunker should be rebuilt closer to the edge of the green. The right greenside bunker should be reconstructed with new sand and drainage. HOLE #4 The par three fourth plays slightly downhill into a green with a collage of bunkers situated around the putting surfece. The tees have been constructed on top of a ridge and trees of various types separate the third and fourth feirways. While four green bunkers surround the green, it is the large fore-bunker 70 yards short of the putting surfece, which is most visible on the tee shot. Although this hole is visually beautiful, some adjustment of the bunkers, both left and right, should be accomplished for strategic reasons. New (larger) back and forward tees should be constructed in order to accommodate players of varying skill levels. The massive fore-bunker should be recons^cted somewhat smaller for maintenance purposes. The two greenside bunkers right, which are much too for from the putting surfece, should be replaced by one bunker buih closer to the green edge. The left greenside bunker should also be reconstructed nearer the green. These changes will not only make this hole more visually appealing, but also more strategically interesting. HOLE #5 The Fifth is a dogleg left par four which slopes gently downhill from tee to green. This hole is lined with nice trees though drainage in the fairway on the last third of the hole is a problem. A lone fairway bunker left sits atop a small knoU. A smaU pond has been constructed behind the bunker left, but it is not visible from the tees. There are two greenside bunkers, one left 25 yards short of the green and one right near the putting surface. There is an opportunity to make the Fifth one of the nicest par fours anywhere. If the tees (back & middle) were moved back and to the left, it would be possible to add 30 yards (back tee) to this hole and elevate these tees about 10 feet, which wiU provide a spectacular view of the feirway. A new much larger lake should be buflt on the left side of this hole and extended to the front of the green. However, 25 yards must be left as fairway near new lake. Both the feirway bunker and the right greenside bunker will be rebuflt with proper drainage and sand. HOLE #6 The par five Sixth bends distinctly to the right around a shaUow body of water. There is an old dying willow on the feirway side of the water (near the bend in the feirway) which can block second shots for shorter pla>ers. The green is slightly elevated above the level area in the &irway. Two greenside bunkers, both left and right, guard the entrance to the putting surfrice. Since the feirway has been constructed almost flat and on peat sofls, drainage is a major problem. The tees for this hole should be rebuilt as frir left as possible, away from trees right and the cart path moved to the right (of the tees). A new fairway bunker, directional in nature, should be constructed in the left rough on the hillside. The dying willow should be removed so as not to block the line for the shorter hitters. The lake should be expanded towards the green in the right rough. A new bunker should be buflt about 60 yards short of the green in the hillside to protect the second shot landing area. The two greenside bunkers should be reconstructed with better drainage and sand. HOLE #7 The Seventh is the narrowest par four on the golf course. Because the green is elevated approximately 15 feet above the approach area, the hole plays a bit longer than the recorded yardage. Trees line both sides of the feirway though many are dying. Two large round buyers guard the green (left & right) but the putting surfece is not visible because of its’ elevation. A new back tee, which will be slightly elevated, will add about 10 yards to the hole. A new forward tee should also be constructed near the end of the cart path on the right. Some removal of the dying willows on the right should be done and feirway should be expanded to 33 yards (currently 20 yards). The left greenside bunker should be moved further away from the green (fore-bunker) and the right bunker should be moved slightly closer. HOLE US The par three eighth is the shortest par three hole on the golf course. The tee has been rebuflt and nicely landscaped but remains several feet below the level of the green. Six bunkers currently surround the putting surfece though some of these bunkers are a bit fer away from the green. The biggest problem with this hole is the feet that it is located at the end of a short driving range. No one should be allowed to hit woods from this range so as to keep flying shots from pulverizing players putting on this hole. It has been suggested that we move this hole back away from the range by constructing a tee on top of a tunnel This is certainly a possibility, but it may not be worth the money since the change would amount to the green being moved back only 30 yards. Even with this change, the new green location can be hit with balls from the range. All of the bunkers should be reconstructed, especially the back bunker (divided into two) and the two left bunkers (combined into one) which are in the trees and too far from the green. HOLE #9 The long uphill par four Ninth bends from right to left. The landing area on the tee shot is quite narrow considering that it is not visible from the tee. The green is slightly below the level of the tumpoint and is notched into a hillside. A fore-bunker left is built into the side slope and the bunker right guards the approach to the putting surfece. There is a drainage problem with the left collar area, which collects water and is also a high traffic area. The trees left and forward of the current tee should be trimmed and carefully managed so as not to block out the left side of the feirway on the tee shot. The feirway in the tee shot landing area should be expanded to the left for reasons previously discussed. Two new forward tecs should be constructed to help shorter players in reaching the top of the hill on the tee shot. The left bunker should be reshaped with a straighter front edge (aesthetics) and the right greenside bunker should be rebuilt and possibly moved nearer the green. HOLE #10 The Tenth is a medium length par four with an elevated tee. Many mature trees line both sides of the feirway requiring accuracy on the tee shot. Unfortunately the feirway im been constructed on heavy (peat) soils causing drainage problems during the playing season. A fore-bunker has been constructed 60 yards short of the green in the left rough. A second bunker is located on the right, a bit fer from the green. This hole has a nice feel even though some fine tuning is necessary. The back tee should be extended back 10 yards to the left. Two new forward tees should also be built on the right side of the cart path, near the start of the feirway. A new strategic bunker should be constructed in the rough on the right side. The fore-bunker left should be moved closer to the feirway (away from tree left). The right greenside bunker should be moved closer to the putting surfece so as to have some strategic value. HOLE #11 The dogleg right par four eleventh is a bit awkward on the tee shot. The feirway from the back tee location is sUizhtly hidden because a forward tee has been constructed on a hillside in front of the back tee. Two feirway bunkers, which are elevated 4 to 5 feet above the fairway, guard the right side of the landing area. Two greenside bunkers have been placed near each side of the green. The green is elevated 12 to 15 feet above the approach. This hole is uncomfortable because it slopes left but doglegs right. In order to cure the problem with tees, a new separate back tee needs to be constructed 15-17 yards back (and right) of its’ current position. A new forward tee needs to be constructed further left and past large tree left. This will provide for a better view of the feirway from the back tees. Also, two trees on the right near the front of the current tee and numerous trees near the right side of the feirway bunkers should be removed- The area of the &st feirway bunker should be lowered and the bunker rebuilt. This will help provide a better view of the second bunker and lowering the right side of this hole will make the hole play (and feel) better. The second bunker should be rebuilt slightly lower also. The greenside bunkers should be rebuilt with the left bunker being a fore-bunker and the right bunker moving closer to the putting surfece. HOLE #12 The current Twelfth is a medium to short dogleg left par five. The main tee is elevated 20 feet above the landing area, which provides a nice view of the feirway although too many trees have been planted on the left side of this hole. A small, rather poorly constructed lake exists near the first tumpoint on the left side. There are also problems with drainage in the feirway. The green is slightly elevated and is protected on the left by a fore-bunker constructed on the hillside and a bunker on the right closer to the green. Nice trees surround the green. Two new forward tees should be constructed right and forward of the current cart path. At least six trees on the left should be removed so as to provide a better view of the pond area. The pond, which exists, should be reconstructed much larger and much deeper. This will create more excitement on the tee shot. The fairway on the right should be expanded to create a bailout area for those not willing to risk playing near the new lake. The greenside bunkers should be reconstructed in approximately the same location with better drainage and sand. HOLE #13 The Thirteenth is a wonderful long par three. The tee is a bit awkward in that it pointe to the right of the green. The bunkering for this hole could be better (see recommendation). The putting surfece is elevated on the side of a gentle hillside and is surrounded on three sides by a mix of nice trees. Overall, this is one of the nicest holes on the golf course. The teeing area should be rebuilt into three individual tees. They should be realigned so they all point directly at the center of the green. The right fore-bunker should be removed for traflBc wear from the cart path to the green. The old fore-bunker located 35 yards short of the green (right) should be reconstructed for balance. The left bunker should be moved nearer the putting surfece into the greenside slope. A new bunker on the right side of the green would add aesthetic and strategic appeaL HOLE #14 The elevated tee for the short par four fourteenth provides a delightful view of the landing area. Huge trees protect the tumpoint of this dogleg on the right. Longer players may play something other than a driver on the tee shot. The green is protected by two bunkers right and one bunker left. The left of the green slopes decidedly away, forcing approach play to be deadly accurate. A new elevated back tee should be built for visibility reasons and also a new forward tee should be added. Both of the left feirway bunkers should be reshaped with new drainage and sand. The first greenside bunker right should be reshaped since the trees block its view. The other right bunker should be moved closer to the green for strategic reasons. " -le left bunker should be moved away firom the putting surfece and become a fore bunker. This is a consistent theme throughout the golf course. HOLE #15 The Fifteenth hole plays somewhat longer than the actual yardage since the green is elevated on a ridge line approximately 15 feet above the first tumpoint. The tee shot lacks definition though it does play between mature trees left and right. The landing has the same drainage problems, which exist on many of the holes. Two feirway bunkers are set into the slope (in rough) on the left approximately 100 yards short of the green. Mature trees guard the left side of the green area while two bunkers are positioned on the right. However, the second bunker which is nearer the right edge of the putting surfece, is blocked from view by the raised lip of the first bunker. The back tee should be rebuilt and combined with the back tee on # 18 to provide additional teeing ground. Two new forward tees will be added to the left of the existing cart path to provide a different angle of approach to the driving landing area. The left two feirway bunkers should be rebuflt and positioned as such to provide a target to aim « off the tees The greenside bunker right, and short of the green will be lowered to provide a clear view of the bunker behind it. Views of the creek could be enhanced with selective placement of rock in various portions along the creek. This would visually strengthen the hole. HOLE #16 The tees for the par four sixteenth are elevated 30 feet above the feirway, which provides a spectacular view of this hole. However, the hillside on the right partially blocks the view of the feirway and rough from the back tee. Since Highway 12 was constructed near this tee, the teeing area is quite noisy. The green, which is surrounded by three bunke^ is subtly elevated. The backdrop, with mature trees behind, makes the putting surfece aesthetically pleasing. A new elevated back tee will be built to provide additional tee space and to add approximately ten yards to the hole. Two new forward tees will be built into the existing hillside to the left and in front of the existing cart path. A portion of the hillside in front of the forward tees will be lowered to provide a better view to the driving landing area. The first part of the feirway will be repositioned to make the hole visually pleasing. The two right greenside bunkers should be replaced by one bunker nearer the green. The left greenside bunker should be rebuilt nearer the back half of the putting sur&ce. The greenside bunkers will tie-in to the existing putting surface. When these changes are accomplished, this hole will be one of the nicest par fours on the golf course. HOLE #17 The final par three on the golf course is surround by four bunkers. This hole plays slightly downhill though the green is quite a small target. The knoll right, along with the two bunkers set into the knoll, makes the tee shot focus left. Mature trees in back and along the left side of the putting stirfece are very attractive. A new forward tee will be constructed to provide additional teeing ground and to provide a wider range of yardages for the hole. The two fore-bunkers furthest from the green will be combined into one fore-bunker. This bunker will conceal the area between the bunker and the green to create the illusion that the hole will play shorter than it actually does. The remaining two bunkers should be removed and in their place three greenside bunkers should be added that will affect the hole both visually and strategically. These changes will create a strong par three similar to that of classic courses like Winged Foot. HOLE #18 The Eighteenth hole is a wonderful dogleg right par four. There is an old &irway bunker right, which adds definition to the tee shot, although trees block a view of the green from this bunker. The trees, which line both sides of the elevated tee shot landing area, are very nice and add definition to this hole. The putting surface has been constructed on a plateau about 20 feet above the fairway. Four bunkers surround the largest (and steepest) green on the course and the clubhouse is clearly visible directly behind the greetL A new combined back tee (with #15) will make the tee shot much better. New forward tees should also be constructed to the left. The large frirway bunker right should be replaced by two new bunkers located nearer the frurway which serves the same purpose as the current bunker but will be much fairer to play from. With the added length from the new back tee, the tee shot will be more challenging and aesthetically pleasing. PROPOSED SCORECARD 1/5/98 Wayzprp.xls COST ANALYSIS The identification of line herns is as important as the costs themselves. Overlooking a line item can create a difficult cash-flow management situation many times more critical than simply being low on a budget estimate. The purposes of this portion of the study are to identify the scope of work, to discuss the execution in detail and to affix a cost to each portion of the work. However, h is important to note that not all of the plaimed bunkers can be constructed in this phase because of the reposhioning of a fiurway or green. The costs are broken down into two areas: Pre-construction and hard-construction. The post construction costs which include grow-in, are normaUy a part of our study, have not been evaluated by John Fought Design since this information will be organized by Bob Distel and his capable staff. During the course of this study, line item costs have been identified. However, should the construction process and scope of work be broken up into a series of years, or the timing of the work be scheduled during a difficult season (i.e. late fall), the cost associated with each line may materially change. Although we have not included a budgeted line item for a contingency, an allowance of 5 - 10% is suggested. Once a definite scope of work and schedule is approved, then a contractor bid will provide real numbers. PRE-CONSTRUCnON LINE ITEMS Portions of pre-construction costs precede construction while the remainder is spread throughout the construction and sometimes even into the grow-in phase. These line items define the funds required for the proper construction documentation of the project and the consultations during the construction. Please note that the irrigation system has not been evaluated in our study. Should the system need to be modified a qualified irrigation engineer will need to be employed. The line items in this category are: DESIGN ENGINEERING* OUT-OF-POCKET EXPENSES SOIL TESTING i HARD-CONSTRUCTION LINE ITEMS The hard-construction costs are hems that could be included in a contractor’s agreement, though certain hems could be arranged under separate contract or completed in house by the maintenance stafif. The known list of line items for the hard-construction portion for Wayzata Country Chib will be: MOBILIZATION EARTHWORK SHAPING & FINISHING DRAINAGE Bunkers Pipe FEATURE CONSTRUCTION Tees Bunkers IRRIGATION CART PATHS GRASSING Sod Hydroseeding PRE-CONSTRUCnON COSTS DESIGN The fee for revision/restoration design work is based on 10% of the actual construction cost. Based on this assunqition the fee will be $75,000 and includes all of the construction documents, the bid assistance and construction consultation. However, should the proj^ be divided into phases, the costs for this hem will increase because the number of she visits will greatly increase. ♦ENGINEERING Since Wayzata is an existing golf course and no significant routing changes have been made, the typical engineering costs for the project will be zero. This will change if the irrigation is to be reviewed and revised. OUT-OF-POCKET EXPENSES Based on the assumption that all of the work would be accomplished m one phase, the foUowing schedule of she visits would be required. Obviously, if the project were broken into phases, more site visits would be required and the costs would also increase. John Fought Design Representative *..........15 visits @ $625 ea ............$9,375 Production expenses (prints, copies, mailings, bid sets, etc).......................1,800 Total out-of-pocket expenses..$11,175 * Some shared travel with other projects is assumed. The actual amount of shared travel (pro rata) will affect the actual cost. SOIL TESTING There are several types of tests required. The putting surface mix material, tee sand, gravel and bunker sand must be approved by a USGA test-.ig lab. Normally, about six samples are tested initiaUy, with additional check*tests throughout the deliver} of material to the site. The total cost for this testing is estimated to be S3,000. SUNLMARY - PRE-CONSTRUCTION COSTS DESIGN...............................................................................$75,000 OUT-OF-POCKET EXPENSES..............................................11,175 SOIL TESTING.......................................................... 3,0u0 TOTAL PRE-CONSTRUCTION COSTS...............................$89,175 HARD-CONSTRUCnON COSTS MOBILIZATION There is a cost for the contractor to set-up an operation on-site including mobilization of men and equipment, electrical power, telephone and so on. Based on similar projects in the area, the amount estimated for mobilization is $40,000. Please note, if the project is divided into phases, additional mobilization costs will be necessary (Le. 3 phases, 3 mobilizations @ $40,000 each). EARTHWORK There are areas on the golf course where lakes will either be added or expanded. This will greatly improve the strategic and aesthetic appeal of Holes #5, 6, and 12. There are other areas on the golf course where hun^s hide bunkers or fidrways, and the hillside to the right of the new tees on #16 wfll need to be cut and lowered. It is antic^ated that the material generated to con:q)lete this work will be transported to various locations ' and utilized to build tees, bunkers and so on. The total material estimated as cut is 27,500 cubic yards. The current estimated price to complete this work with a backhoe and truck (transport) is $3.00 per cubic yard or a total of $82,500. Please keep in mind that if this work is done during less than ideal times or broken up into phases, tliis price will increase significantly. SHAPING AND FINISHING Shaping is best described as the artistic portion of golf course construction. A talented, high quality shaper is required to create the forms that will improve the golf course features (greens, tees, and bunkers). Conversely, in the overall process of construction, the finishing is the final touch. Even after the features are shaped, the installation of the 3 i « drainage and irrigation are so disruptive that it becomes necessary to partiaUy reshape everything to tie it all together. The finishing also includes preparation for the turf; which is a scries of agrarian practices that produce a proper planting bed. This process is always billed as a lump sum amount. The amount estimated for the work at Wayzata is $110,000. DRAINAGE „ ^ For a golf course to have nice turf it is imperative that the golf holes dram well In order for the course to drain well, both the surface and subsurface areas must be designed to handle storm and nuisance water. Bunkers . , . i It is essential that all of the bunkers have drainage m order to function properly. Each bunker will require an estimated 120 lineal feet of 4 inch perforated drain pipe with gravel and a coarse sand liner (see detail). Also, a 100-foot section of 4-inch pipe (non- perforated) is required as an out&U line for each bunker. The cost for the 220 feet of drainpipe (plus gravel and coarse sand) is estimated to be S6.50 per lineal foot or $1,430 for each bunker (the costs for sand and gravel are based on quotes from Todd at Plaisted Companies). The total estimated cost for the 63 bunkers is $90,090. Whfle most of the outM lines for the bunkers, greens and tees will connect to creeks, ponds or other non-play areas, some connection pipe wfll probably be necessary. Since this system has not yet been designed, it is suggested that an allowance of $20,000 be included in this study. Therefore, the total drainage estimate for this project (not including the optional fairway work of $605,900) is $110,090. FEATURE CONSTRUCTION Tees It is equally as impo rant for the tees to have a playing surfece as good as the greens, and be constructed at the proper yardage for each hole. Based on the cunent plan, forty-nine (49) tees wfll be reconstructed in the following manner. 1. Construct subgrade 6” below proposed finish grade; subgrade should have minimum slope of 1.5% from edge to center, 2. Excavate trench 8 ” wide x 14” deep in the subgrade in the center of the tee; spread 2” of pea gravel in the bottom of the trench and lay a 4 ” perforated double wall HDPE drain line on the gravel bed, cover with gravel and 2” of coarse sand; install a non-perforated double wall HDPE outM line to the discharge as shown on the plans or as determined in the field; install locator wire in the trench; backfill trench with gravel to the top (see detail plan); 3 Spread approved tee mix evenly over the subgrade; shape tees such that the front of the tee is perpendicular to the flight of the tee shot; grade tee surfeces to a level finished grade; ^ 4. Create shallow swales where possible to divert surfece drainage away from tee tops. ^ The total projected size of the forty-nine (49) tees is 65,000 square feet The estimated cost to build the tees is SI.44 per square foot or S93,600. Bunkers The bunker count for the project is sixty-three (63). In addition to shaping and drainage (already covered), new high quality sand will be installed. The estimated sand needed for each bunker (average) is 30 cubic yards, or 45 tons (6” of non-compacted white bunker sand, 1,600 sq.ft, each bunker). At an estimated price of S50 per ton, the sand cost for each bunker would be S2,250 or $141,750 total To haul the sand to the bunker locations and spread the sand in the bunker will cost approximately S500 per bunker or $31,500. Therefore, the total cost for the feature construction portion of the bunkers is estimated to be $173,250 Based on these line hems, the total budget for feature construction (not inchiding optional greens) is $266,850. IRRIGATION A qualified irrigation designer has not reviewed the Master Plan in detail We have included an allowance of $40,000 for thb^ project until an expert in irrigation design can review the current system and make a s^ddy of the course changes. CART PATHS There will be a need to install approximately 1,140 lineal feet of new 8-foot wide asphalt cart path. The estimated cost to core out a weU, install 2 inches of asphalt over 4 inches of gravel and finish the edges once the paths are installed, is estimated to be $10 per lineal foot or $11,400. There will also be 350 lineal feet of curbing at $3.00 per lineal foo^.. The price for curbing is S 1,050. The total cost for cart path and curbing is $12,450. There will also be 350 lineal feet of the old path that must be removed. The cost for this work is estimated to be $2 per lineal foot or $1,700. The total estimated cost for cart paths is 314,150. GRASSING Sod In order to get certain areas back in play as soon as possible sod should be used. It is anticipated that ^ areas will be sodded, including tees. Steeper slopes near bunkers or tees should also be sodded. The total estimated amount of sod needed is 220,000 square feet. The estimated cost is $.32 per square foot or $70,400 installed. Hydroseeding In places where sodding is not done, it is recommended that the area be hydroseeded. There will be approximately 3 acres of hydroseeded surfece an estimated cost of $1,200 per acre for a totd of $3,600. Therefore, the total estimated budget for grassing is $74,000 SUMMARY - HARD-CQNSTRUCnON COSTS MOBILIZATION...........................................................S 40.000 EARTHWORK.....................................................................82,500 SHAPING & FINISHING.....................................................110,000 DRAINAGE........................................................................110,090 FEATURE CONSTRUCTION..............................................266,850 IRRIGATION (allowance).....................................................40,000 CART PATHS......................................................................14,150 GRASSING..........................................................................74,000 TOTAL HARD CONSTRUCTION..................................S 737,590 RECAPITULATION OF COSTS Hard Construction ..........................................$ 737,590 Pre-Construction ............................................. 89,175 Project Total Cost ...........................................$826,765 • ' •'_- H GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parlmay Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 June 5,1997 Lou Oberhauser Oberhauscr & Neveaux 1421 East Wayzata Boulevard Wayzata, MN 55391 Re: Wayzata Country Club - Proposed Golf Course Renovation Dear Mr. Oberhauser: Thank you for dropping off the preliminary plans for renovation of the Wayzata Country Club golf course. The plans indicate general reconstruction of a number of bunkers, tees and greens, as well as expansion or relocation of 3 ponds. The above work requires a conditional use permit (CUP) from the City since it involves grading in excess of 100 cubic yards of material in total, and the pond work may require additional approvals as follows; a. EnlargemeL.* of pond on Hole U6 will require a variance from Orono and approval from the Minnehaha Creek Watershed District (MCWD), since this is both a City- protected wetland as well as listed on the National Wetland Inventory (NWI) and subject to regulation by the Minnesota Wetland Conservation Act. b. c. Relocation of the pond cast of the 5th fairway may require MCWD approval as well as the Orono CUP. This pond is not Orono-protccte^ and is not on Ac NWI map. Enlargement of the pond NE of Hole #12 dogleg will require MCWD approvjJ as well as the Orono CUP. This is not City protected, but is on the NWI map. We would like to approve the entire package of projects all as one application, even if the actual construction spreads out over a few years. The intent would be that once the comprehensive package of projects is approved, only staff-issued land alteration permits would be required as the individual projects are completed, thus avoiding the need for annual renewal review by Council or Planning Commission. I will close by noting that the City Engineer is in the process of developing a stormwater plan for the City, and has indicated additional ponding areas may be needed in the area of Wayzata Country Telephone (612) 473-7357 • FAX 4734)510 r Lou Oborhauser June 5.1997 Page 2 Club. I anticipate these needs vdll be more defined by the time the Club proceeds with a CUP applicatioiL Please feel fiee to contact me at 473-7357 if you have quesfions. I'm enclosing a CUP application form for your use, as well as the plan set Sincerely, Michael P. Gaffron Asst Planning & Zoning Administrator end. V rj * m i • HP#" ifM City of OROINO RESOLUTION OF THE CITY COUNCIL NO____1977 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C) & SECTION 10.03, SUBDIVISION 19 - FILE #935 •• WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 West Wayzata Boulevard located within the City of Orono (hereinafter "the City") and legally described as follows: The southwest quarter of the southeast quarter of Section 36, Township 118 North, Range 23 West of the 5th Principal Meridian, excluding roads; Also )cnown as P.I.D. i36—118 — 23*“43 — 0001 (here— inafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit certain grading projects regulated under Zoning Code Section 10.03 Subdivision 19 and to permit construction of a shelter building per Section 10.20 Subdivision 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. 3. This application was reviewed as Zoning File #935. The property is located in Residential Zoning District. the RR-IB Single Family Rural 4. 5. On July 15, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval of the various projects which were deemed by City staff to be of a minor nature not requiring detailed review. The City Council reviewed this application on January 27, 1986 and granted conceptual approval for two project? proposed to be immediately commenced in Spring 1986, am directed staff to review the various projects anticipated to b< commenced later in 1986 and in future years. The following projects were recommended by staff for approval o: April 14, 1986: a) Extension of tee #4, filling of approximately 30 cubic yard to be spread 6" deep on high ground. Page 1 of 4 % - • City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 1977 b) Construction of low mounds on left side of fairway #11, averaging 3-5' in height, filling of approximately 75 cubic yards. c) Fill in the existing bunker on hole #13, approximately 20 cubic yards of fill. d) Pond on fairway #5, 25'x75'x5* deep, 350 cubic yards excavation. e) Rebuild bunkers at rear of hole #8, approximately 1000 cubic yards of fill, all on high ground. f) Extension of the tee #17, filling of approximately 370 cubic yards, all on high ground. ♦ g) Construction of a shelter building, 12'7"xl5'7'*, one storj in height, located southeast of tee #12, located approximately 90' from the nearest property line, and requiring no variances to the zoning code. 6. The proposed . projects are located in the upper reaches of the watershed; runoff from this area travels though a series of swales, ditches, and wetlands before reaching Lake Minnetonks an approximate distance of 1 mile away; the proposed projects are insignificant within the overall watershed and will have nc significant effect on the quality or quantity of runoff watei entering Lake Minnetonka. 7. The City Council has considered the application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 8. The City Council finds that granting a Conditional Use Permit tc allow the proposed excavation and construction projects will noi be detrimental to the health, safety or general welfare of th< public, would not adversely affect light, air nor pose a fir« hazard or other danger to neighboring properties, nor will i^ depreciate surrounding property values and that the proposec level of use of the property will be in keeping with the inten. and objectives of the Zoning Code and Comprehensive Plan of th< City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereb; grants a Conditional Use Permit per Municipal Zoning Code Section 10.20 Page 2 of 4 fi-m City of OROIXO RESOLUTION OF THE CITY COUNCIL NO. 1977 Subdivision 3 (C) to permit the construction of a shelter building and per Section 10.03, Subdivision 19 to permit certain excavation, fill and grading projects, subject to the following conditions: 1. The following excavation, grading, and filling projects are hereby approved subject to the applicant obtaining a grading permit once each year for projects to be completed in that year: a) Extension of tee #4, approximately 30 cubic yards of fill. b) Construction of low mounds on left side of fairway #11, filling of approximately 75 cubic yards. c) Pill in the existing bunker on hole #13, approximately 20 cubic yards of fill. d) Pond on fairway #5, 350 cubic yards excavation. e) Rebuild bunkers at rear of hole #8, approximately 1000 cubic yards of fill. f) Extension of the tee #17, filling of approximately 370 cubic yards. 2. Proper plans must be submitted to the building department for review and a building permit for the shelter building must be obtained prior to commencement of construction. 3. All filled, graded or excavated areas shall be protected from causing sediment erosion into adjacent waterways by methods deemed appropriate by the City Inspector until such time that the areas in question are revegetated. The applicant shall notify the City 24 hours in advance of commencement c>f any of the projects so that the City Inspector can be present on the site as neceessary. m 5. Violation of or non-compliance with any of the terms anc conditions of this resolution shall constitute a violation of th€ Zoning Code, shall automatically terminate any authority grantee herein, arJ! shall be punishable as a misdemeanor. 6. The under-* g • d owner has read, understood and hereby agrees tc the termi. of < his 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. 4. l5;-X-4,.x City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1122_______ Adopted by the Orono City Council on this 14th day of April, alIln,^City Clerk Mary C rVYUiitf ^ (1) Property Owner r, Mayor Page 4 of 4 Ck ^ • »• t c; 5Ti Pi City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1977 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this .30*^*^_ _ _- - - - - - - - - - - - - - - - - - - - -.• before me a Notary Public within and for said county, personally appeared .• known to me to be the per^n(s) des^ibfed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Jwa- //./fS.'y HY COMMISSION’ EXPIRES STATE 0F MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of _ _ _ _ _ _ _ _ _ _ _ _r 1986, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC my COMMISSION EXPIRES PHONE NO. STATE OF I[KllHIES®irrfi k OE PA B mE^T,^94 ?J|9 u ISI s Eden Prairie, MN 55344 (612)826-6769 ^r(/ FILE NO August 13, 1998 Mr. Mike Gaffron City of Orono 2750 Kelly Parkway, P.O. Box 66 Crystal Bay, MN 55323 Dear Mike: Per our conversation and meeting regarding the Wayzata Country Club’s request for a conditional use permit, I have the following comments to offer: 1. I noted on the survey provided by the Country Club that it indicates the Luce Line Trail is an easement on Country Club property. The property is actually owned by the State of Minnesota, in fee title, with the Country Club having a lease for a cart path/maintenance road across our property. This should be clarified on any future plans. 2. Hole #6 has some potential boundary issues with respect to the cart path and tees. I am not sure at this time due to the lack of details, but those items look to be extremely close to our boundary, if not right on it in some cases. 3. Hole # 17 has the same boundary line issues with respect to the placement of new bunkers. There is also some line that is identified on the plan which extends out on to state propery, but I’m not sure what it is. I would obviously have a concern with any potential use of our property. 4. I also have some potential concerns with holes #8, #15,# 18, but don’t have enough detail at this time to determine if our concerns warrant further discussion. Overall 1 have no problem with the concept, but ask that further detail be provide on the above specific concerns before actual construction takes place. At that time I can make a better determination as to the exact impact to the State Trail property. If you have any other questions please feel free to contact me. I appreciate the opportunity to comment on this project and look forward to hearing from you more on it. Sincerely, \ J[ CL 4 Martha J. Reger Area Trails and Waterways Supervisor AN EQUAL OPPORTUNITY EMPLOYER 1 TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator DATE:August 12, 1998 SUBJECT:#2399 Muriel Senn 4448 North Shore Drive Variance(s)"Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:to be determined Application: The applicant is requesting hardcover and street yard setback variances to construct an addition to an existing residence to include a 16' by 22' garage and utility room. Staff has reviewed the application and determined that is incomplete as submitted. The applicant has been asked to provide a current survey with updated, accurate hardcover information. The existing residence is 28' from the channel ar=d encroaches into the required 35' street yard setback from the edge of the right-of-way. The proposed addition adds hardcover in the 0 -75' and 75'-250' setback and further ________________encroaches into the required street yard setback. STAFF RECOMMENDATION To hear testimony from the applicant as to her hardship and provide direction as to the size and scale of the proposed addition but to table this item until an accurate survey is provided. As this application is not considered complete, the 60 day review period has not started. Attachments A B C D E F Application Plat Map Building Pad Survey Floor Plan Sketch Hardcover-not accurate Cit>* letter re; driveway pag€-l GlTYof ORONO Municipal Offices Stnet Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF INCOMPLETE APPLICATION Mailing Address: P.O. Box 66 Crystal Bay. MN $5323-0066 July 27,1998 Muriel Senn 4448 North Shore Drive Mound, Minnesota 55364 Re: Application #2399 City staff has reviewed your application for a variance and has determined that it is not complete. The following information is needed: 1. Updated, accurate survey showing the 929.4' elevation for the lake, 75' setback, and all existing and proposed hardcover and the location of the well. 2. Proposed plan and front/side elevation. This information is needed by August 6, 1998, in order to remain on the August 17th agenda. If you have questions, please call me at 473-7357. Sincerely, Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch cc: Doug Todd, Bruce Bren Homes, 106 S. Broadway, Wayzata, MN 55391 Tdephone (612) 473-7357 • FAX47J4»10 'p A Application M _____ Date ReceiYedc lultyy^ Ji>l 1 Amount Paid ^ - CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 _ (S50.00 per each additional variance) Renewal Variance Fee $150.C0 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ^cC>C Property Identification Number fP.I.D.) ||~7 ^3 _________ Attach legal description to application if not included on required survey. Date Property Acquired^V i 9 “7>f ___________________________________(month/year) I mo))(do not) also own the adjacent parcels of land. Present use cf property: X residential ___pother (specify). Zoning District: IJZ [___________________________ APPLICANT Name / Address: ________I CiJ h)___________ Np. City: Phone (home). Phone (work)_ A.Zip: *nf>c 4 OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:, DESCRIPTION OF REQUEST Estimated Construction Cost $, Describe request in detail: j _____ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width X Hardcover ___^Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or imusual propeify* conditions preventing compliance with Zoning Code requir ments: f^acA <i.(L 'tc’ _____ (attach additional rheets if necessary) •■'■'42S? C23.' 11 n ^ :^p /J^\\ ^ V-*- . . • ■>• X1.'V--'5--s?:k ife -j <\......... ,v* U ^ •'. 01 ^ * f > .,,7--3"'^ / t' V 4^> -’o*V'4V <'■/ /\\/ / ‘^^^■'*4:3 4/ /•' /-4 ' * '- ^ F ^ r J ■f i- V "• ,4^ ii (! \ V7^ Js;!i(37)/ Xj NCT£. l:t a TCf#:*^!?* ru»T£vS Stt * •s '5 » N 4 Jl ^ (2) / . v\ Vy*:tec i' ^ >^-^-/«-0CC.............................................................................................;^;/--« « ^.c.. \-^ / • //14-) y ^ ^ 'sF / / ,^\y‘ <?/•''>y.^' .’/S' /' -/ l/>4 V' V : I ^7.,/7-23-5V v\ Pared Intormatfon PwMl n 0711723310013 HotiMNunter 04448 StTMl N min NORTH SHORE OR ^ P.fijTf A . tp’.flliWOv^ ’* . 4, ,vr,yji*7;,.pe. Plat of Survey for Mrs. Kenneth Senn of I.ot 7, Bercqulst's 2nd Addition to Saf?a Hill, and pert of Government Lot 3, Section 7-117-23 • *•♦%••• * • » a V ♦ *\ rr-'ii Stin ... c V . ^ L* C. Certificate of Survey: I herebj* certify that this is a true and correct repre sentation of a survey of the boundaries as occupied of Lot 7, "Bergquist'a 2nd Addition to Saga Hill”, and all that part of Government Lot 3, Ac tion 7, Township 117 North, Range 23 i»est of the 5th Principal Meridian, describe;] as follows; Beginning at the most Southerly corner of '■Bergnuis ’ 2nd Addition to Saga Kill”; ti.ence North 64°24' 15^.^ feet to the Vtesterly shore of the canal running from Forest Lake to Lake Minnetonka; thence in a Southerly direction following the Westerly shore of said canal to its intersection with the centerline of Coiuity Poad No. 19; thence in a Westerly and Northerly direction alone said centerline to an intersection with the extension of the Westerly line of Lot 2, said "Bergquist's 2nd Addition to Saga Hill”; thence Northwesterly to the point of beginning, aryi of the location of all buildings thei'eon. Tt does not purport to show other improvements or encroachments. No monuments have been placed to establish lot lines or bound ./V Scale: 1" = 50 Date ; 5-6-75 ■THIS Item has been 6064 Land Sxirveyor and Planner Long Lake, Minnesota • 'S'rl ; I ' --‘S’ '■ ■ • : ; ’ .A• i _1-____L !i 11 ' 1 1 i 1 1 ___1 • ; T * *’ ! i _i 1.*Y ' •iX ~ *4k. . • 4 “N \T^I I ,-4//-x4^ : i : I^—I—T—r ■ t • • •. •. • Cr CITYof ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka July 12, 1984 Mrs. Muriel Senn 4448 North Shore Drive Mound, MN 55364 Re: Paving Driveway Dear Mrs. Senn: I have reviewed your proposal to pave your existing gravel driveway and turn-around apron. After discussion with the City Engineer, we agree that in your specific situation, paving with asphalt or concrete over the existing oravel surface may actually have a beneficial effect on the quality of runoff entering the lake, since the silt from the gravel will be eliminated from the direct runoff. Even though bituminous or concrete paving is less permeable than gravel, it appears that with your unique topographic problems, paving appears to be a good idea. I also discussed with the City Engineer the idea of creating a ' basin around the perimeter of the turnaround area to catch the runoff and slow it down. He felt this would need to be quite extensive to have any major effect, and he suggested instead that you ensure that the paving be sloped to allow runoff to flow equally to all edges of the paving, and eliminate a swale which would channel the runoff to a sing]*=‘ point and possibly cause some erosion. Based on the above, we have no objections to your proposal, with condition that the paving cover only areas already gravelled, i.e. 12' wide garage driveway apron leading to the^ turnaround, and turnaround itself which is approximately 30' wide and 40' deep, bounded by the existing hedge, and that the paving be sloped in directions as described above. No permit is required for this work. Thank you your concern with this project and your patience in awaiting this response. Sincerely, L the the the and all Michael P. Gafxron Assistant Zoning Administrator administration a finance - 473-7358BULUINi; A ZONING - 473-7337 • ASSESSINGpc: Thomas J. Jacobs, Building Official PL'BLIC WORKS - 473-735*? TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:August 12, 1998 SUBJECT: #2399 Muriel Senn 4448 North Shore Drive Variance(s)-Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:to be determined Application:The applicant is requesting hardcover and street yard setback variances to construct an addition to an existing residence to include a 16' by 22' garage and utility room. Staff has reviewed the application and determined that is incomplete as submitted. The applicant has been asked to provide a current survey with updated, accurate hardcover information. The existing residence is 28' from the channel and encroaches into the required 35' street yard setback from the edge of the right-of-way. The proposed addition adds hardcover in the 0'-75' and 75'-250' setback and further encroaches into the required street yard setback^___________________ STAFF RECOMMENDATION To hear testimony from the applicant as to her hardship and provide direction as to the size and scale of the proposed addition but to table this item until an accurate survey is provided. As this application is not considered complete, the 60 day review period has not started. Attachments A B C D E F Application Plat Map Building Pad Survey Floor Plan Sketch Hardcover-not accurate City letter re: driveway pagt-^l 1 GlTYof ORONO Municipal Offices Stnat Address: 2750 Kelley Parttway Orono, MN 55356 Hailinf Address: P.O. Box 66 Crystal Bay, MN 55323-0066 NOTIFICATION OF INCOMPLETE APPLICATION July 27,1998 Muriel Senn 4448 North Shore Drive Mound, Miimesota 55364 Re: Application #2399 City staff has reviewed your application for a variance and has determined that it is not complete. The following information is needed: 1. Updated, accurate survey showing the 929.4' elevation for the lake, 75' setback, and all existing and proposed hardcover and the location of the well. 2. Proposed plan and front/side elevation. This information is needed by August 6, 1998, in order to remain on the August 17th agenda. If you have questions, please call me at 473-7357. Sincerely, Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch cc: Doug Todd, Bruce Bren Homes, 106 S. Broadway, Wayzata, MN 55391 Tdcphone (612) 473-7357 • FAX 4734)510 A Application # _____ Date Received, IuIm^ Amount Paid ^ ^ . CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 _ ($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 M ^vSi Property Identification Number (P.I.D.) 11*^ 0013 Attach legal description to application if not included on required survey. Date Property Acquired?/ I (^(^(do not) also o\^ the adjt (month/year) the adjacent parcels of land. Prc^t use of property: X residential ___^otlier (specify). Zoning District: IJZ | - [^_________________________ APPLICANT Name / Address: I A g fJ fJ________ 7Vz». Ci^ Phone (home). Phone (work)_ vJ ■V) .L Cj ) Zip: OWNER (if different than applicant) Name Phone (home) Phone (work)_ Address:City:.Zip:.05 DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: j _____ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:^ Front Side X Hardcover Rear Lot Coverage Average Lakeshore^^^ Other (specify) HARDSFIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficultv or unusual propert>’ conditions preventing compliance with Zoning Code requirements: niew 'to _____ <a^Qt\c> (i- (attach additional sheets if necessary) "V /B 1^ I ^-N't-'. i '«7^ i 5^’LV' /!«7-laS>T» M ' V/ / ^ ,1^ ■f*sT tr< rF ^ L 5 H32 ^<6 y'^YX' ’«-V ‘ \ 2 •••• /. / r--‘A . /4 \Vf5\'f ?7^ V ' ' ^«\ 5 ■^-^27) ^ ^ ^ ' ■ - ■ • \ >? / / ly 3\'•klr .7 ..V. I 01-1(7 / **^ («) / 'ir^, <5. -A « ./ , ^ ^ .30) •.'V ■■’'•*• >f'- J% .'f A..-i.. '\ //f."/V ^'-f/ / ■ .-Mi / / / / .'A \ " (4i/i s/A [V'^'AV^ ^J-^l/ - - l<n : fA /«,>« H 72'? 1? > fe/r' ^7 I y ^ /AC ore NO 33C9«7 V vAO f'CC NO NOT£. ccr A TCMlAi/IcIi CA/»C£.SS r 'f 3V>. / (!) / \/‘/'y. y^.N? / / "> A-i. ;/ L*f«^7-//7-23'3V a?65 ^1s! a s 1 65 i 65 X. < x'. • U Pared Information |<» PMcai 00711723310013 Houm Hunter 04448 8te«l Nmiw NORTH SHU12E OR ^pHiY/A ^ .fi! N'^ <^ ^■'-‘ if lUv^'" EjS // c ,, ^ iSSESS^ P ; • t* Plat of Survey for Mrs. Kenneth Sonn of I^t 7, Bercquist's 2nd Addition to Saga Hill, and part of Covemnent Lot 3, Section 7-117-23 V:V c Certificate of Survey: I hereby certify that this is a true and correct repre sentation of a survey of the boundaries as occupied of Lot 7, "Berequlst’a 2nd Addition to Saga Hill", and all that part of Government Lot 3> Sec tion 7, Township 117 North, Range 23 V*est of the 5th Principal Meridian, described as follows: Beginning at the most Southerly corner of ’‘P.ergouia' 2nd Addition to Saga Kill"; thence North 64°24' 15^.^ feet to the Westerly shore of the canal running from Forest Lake to Lake Minnetonka; thence in a Southerly direction following the Westerly shore of said canal to its intersection with the centerline of County Poad No. 19; thence in a Westerly and Northerly direction alone said centerline to an intersection with the extension of the Westerly line of Lot 2, said "Bergquisf s 2nd Addition to Saga Hill"; thence Northwesterly to the point of beginning, and of the location of all buildings thereon. It does not purport to show other improvements or encroachments. No monuments have been placed to establish lot lines or bounds:/ corners. ./V Scale: 1" = 50 Date : 5-6-75 ■THIS ITEM HAS BEEN MICRBFII.MED oz lines or oound^^ corn Cordon R. Coffin No, 6064 Land Surveyor and Planner Long Lake, Minnesota ^ 0. - ... * « __________--------------------------------------- —---------- i •1 ! f i 1 { •; 1 T ----------------- — —, 1 4 - •« « • •• • 1 - . - ••• •» ••••• < \of\' _ . -L ..X Hrj "I—1 .1 .. J1___1 1 • 1 4- ^L * 4 I ' • • - -• —k—“ " r\'' ___-'“{:^[ ;4//--x4e- 4-. * I ‘ 4-----*r . J. .^l___I r —» # v» • ■ II— • • .4 t • , , ^ . »mm - ■•• —♦ •■ —• — • • • i-r.m- ; r #2399 *' CITYof ORONO Post Office Box 66 •Crystal Bay, Minn<?sota 55323•Municipal Offices On the North Shore of Lake Minnetonka July 12, 1984 Mrs. Muriel Senn 4448 North Shore Drive Mound, MN 55364 Re; Paving Driveway Dear Mrs. Senn: I have reviewed your proposal to pave your existing gravel driveway and turn-around apron. After discussion with the City Engineer, we agree that in your specific situation, paving with asphalt or concrete over the existing gravel surface may actually have a beneficial effect on the qualitv of runoff entering the lake, since the silt from the gravel will be eliminated from the direct runoff. Even though bituminous or concrete paving is less permeable than gravel, it appears that with your unique topographic problems, paving appears to be a good idea. I also discussed with the City Engineer the idea of creating a "basin around the perimeter of the turnaround area to ca ..ch the runoff and slow it down. He felt this would need to be quite extensive to have any major effect, and he suggested instead that you ensure that the paving be sloped to allow runoff to flow equally to all edges of the paving, and eliminate a swale which would channel the runoff to a single point and possibly cause some erosion. Basad on the above, we have no objections to your proposrl, with condition that the paving cover only areas already gravelled, i.e. 12' wide garage driveway apron leading to the turnaround, and turnaround itself which is approximately 3C* wide '’d 40' deep, bounded by the existing hedge, and that the paving . sloped in directions as described above. No permit is required for this work. Thank you for your concern with this project and your patience in awaiting this response. Sincerely, the the the and all f. Michael P. Ga Assistant Zoning Administrator BtlLUINU & ZONING - 473-7357 • ADMINISTRATION 4 FINANCE - 473-7358 assessing . , , . - - -Ipc: Thomas J. Jacobs, Building Official PCBLIC WORKS - 473-7359 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 10,1998 SUBJECT: #2401 Thomas and Margaret Radke 3424 East Lake Street Variance-Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 Acres) Application:The applicants have proposed to construct an accessory structure on an outlot. Summary: The outlot is legally described as Outlot B, Bayside Beach. The Outlot has joint ownership of three properties located at 3424,3444, and, 3464 East Lake Street. The purpose of the outlot was to provide access to the properties and to be used for a graywater sewage treatment system. The system is no longer necessary as the lots have since been provided with sanitary sewer. The City Council passed, on Consent, Resolution No. 3189 approving a variance to allow an accessory structure on the outlot on October 12,1992 for a storage shed to be located on Outlot B with the intent to serve all three properties. Condition No. 3 in the resolution states that is the intent of the Planning Commission that no more than one accessory structure should ever be allowed on the outlot or future proposals for additional accessory structures on the property may result in the requirement to remove the existing shed. It should also be noted all three property owners were required to sign the resolution. The existing structure is 12' by 15' for a total of 180 s.f. The proposed building is 10' by 14' for a total of 140 s.f. The aggregate square footage for the entire lot would be 320 s.f. This application requires the following variance: 1.To allow an accessory building to be constructed on a lot without a principal structure (Section 10.03, Subd. 9(A). i^240l Thomas and\fargaret Radke 3424 East Lake Street Variance 8/17/98 Page \ Issues 1.The covenant between the property owners states that no improvements may be constructed or made on Outlot B without the consent of all of the owners. A condition of approval should be the other property owners of Outlot B provide a signed statement of consent. 2.Outlot B is within both the 250' and 500' setbacks of Stubbs Bay. Although only a small portion of Outlot B (320 s.f.) would be structure. Hardcover would be well below the allowed for this outlot. 3.The proposed location of the new building would be located as to meet all future setback requirements should Outlot B ever be eliminated and divided between the existing property owners. 4.The outlot was created within the plat of Bayside Beach for the purposes of providing road access and a site for a graywater sewage treatment system to serve residences at 3424,3444, and 3464 East Lake Street. STAFF RECOMMENDATION Staff recommends denial of the variance from Section 10.03, Subd. 9(A) to allow the construction of a 10' by 14' accessory structure on Outlot B, Bayside Beach based on the intent of the Plaiming Commission and City Council to allow only one accessory structure on the lot at the time the existing building was approved. Attachments A B C D E F G H I J K L M N Application Statement of Hardship Plat Map Location Map Survey Site Plan Site Topography Property Owners List Shed Plan Bayside Beach Plat Minutes from the September 21,1992 Planning Commission Meeting Minutes from the October 12,1992 City Council Meeting Resolution No. 3189 Declaration of Covenants i^240l Thomas and Margaret Radke 3424 East Lake Street Variance 8/17/98 Page! V -i Application H cZ / Date Received 7 • *y<f Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) \ ariance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION , , , . , , , Site Address fiCtht LcOyt- OhZ‘£ 'b. CAl)/)Q. A/A/ ^(o 1 n .1 7T.: ’ Si ‘ Property Identification Number (P.I.D.)_______________________________________ Attach legal description to application if not included on required survey. » v. y Date Property Acquired___________________________________________^(month/year)V^ ^ I (do) (ilc«ro^ also own th^adjacent parcels of land. Present use of property: residential ___^other (specify). Zoning District: t_R\ APPLICANT Name 71^75 ^ fY)aYqaret- Address: /76r 6M . Gric/Mi OWNER (if different than applicant) Name Phone (horned _____ Phone (woric^ 4-7Cs'9¥^S'^ _ City: Zip: Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Cocstniction Cost $ ^ ^CO ‘^O /)/JAA J)a/\du VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) ^^uc4tA./<f> Cm Ocl-f Iv>4-1 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:________________________________- _____seeci-H^aoned _____________________ (attach additional sheets if necessary) B Hardship/DescriptioD of Unusual Property Conditions: We are requesting a storage facility to bt, >cated on our outlot We are currently severely limited in storage. Even though the house is relatively new, it has a only two car garage while a 3 car garage seems standard for new construction in Orono. Zoning restrictions limit our adding on any additional square footage to the home itself. In addition, we have no basement due to our proximity to the lake. The outlot is a large unused piece of land that was originally used for our mound system before sewer was installed a few years ago. One of our neighbors has received variance for storage on the outlot and we are requesting the same. We believe it will provide us with adequate storage and be more aesthetically appealing than keeping items such as jet ski and dock equipment out in the open. The storage facility would be attractive and landscaped. The siding and color will be the same as the house so as to complement the overall appearance. Trees on County Road and East Lake Street will surround the facility. Variance Application for 3424 East Lake Street. Orono, MN, Thomas & Margaret Radke K .7 1 8 8 i R^25) '3 3 ('5; 125.25 '— <«^OUT lOT 6 (46) #1^125. 25 j i \ «! fS ^ ^ y(42^ ^^(3=:) h Q ^ ^ u\in 6j ^ .! FF ’ 1 ^ :5 ^ (40) => ^ ^ ’■ J e> (o’.) •. Q M 15 V . R 13 « # > 6 s' 1^ i25. 25.* P i2 S V^52)^ / '>"6 (33) 7 y 125.25 M^gfi E.ST ^CO -g4^.T! 1I«C ------ — 4^---- •■:-:*:*x':*.v»^v.‘.‘.v.i *-• , ■ . EASTLAKE— - -S? /^- ! ! -1 305 I- 1 [“•>., / ; 50 1 50 ; 50 1 50 I 44 ; 50 / 1(39)1(38)1(40)1(36) |(35);(3? V ' !2c3. 5 —T I \ - >^0 7? Al C>£.^ -Ak%J / ^ o -• o iiM An m m % *’X * * • f• Clasx6C eoo •rra4i MCSR nixiT Ojf 5 K WATZATA ILVO ANtClS WOOOM 0 }ONO HI6H A I lATS FOX wiAJicn " WATERTOWN m tOMCRSn 5H1 O «w FOX Xf^ dea 5i nmn- T««M •MO es lAwni ELM MAF Cn. WO 0 TMOHOUOHtREO ^ SIOI line WMin \ 400 iN DEVIN LA L0N6V1CW cn S \iS^^S • • *• • ABM600N WAT ORO^ w FRENCN LAXE /praicl^ U:. -J Lake m 9B \ - .AK<2 AAuW'l Ov\l^.O' U. «\ ' 1 r '' ' Q V'*6 )-I) <3 - ^ « . ^ O V \ G. ' ^:% ■ o%r Pfliyt ut'e 6/r ^!84 ^-.L • . <p' \ ‘‘\ '• \ \ \ \ \ \ \ * 1 ^}. 'r % X RUN DATE 07/21/9S BATCH 501 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PX^35401 PAGE 1 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR SB 05-117-23 13 0032 0SA05 EASTLAKE ST DENNIS HC6REEVY DENNIS E HCCREEVY 1501 WAYZATA BLVD W RD LONG LAKE HN 55356 36 05-117-23 13 003S 03A07 EASTLAKE ST REBECCA LYNN HOLZEH REBECCA LYNN HOLZEH 3407 EASTLAKE ST LONG LAKE HN 55356 3B 05-117-23 IS 0036 03409 EASTLAKE ST A J SCHULTZ B H A SCHULTZ ANDREW SCHULTZ 3409 EASTLAKE ST Long lake hn 55356 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR SB 05-117-23 13 0037 03465 EASTLAKE ST DIANE H PEREZ DIANE H PEREZ P 0 BOX 70 LONG LAKE HN 55356 SB 05-117-23 13 003B 03425 EASTLAKE ST CARL ADOLF JARNIG CARL A JARNIG 2400 7NTERLACMEN RD SPRING PARK HN 553B4 3B 05-117-23 13 0039 03435 EASTLAKE ST CHARLES BALGAARD DENISE L SWANSON 3435 EASTLAKE ST LONG LAKE HN 55356 3B 05-117-23 IS 0040 SB 05-117-23 IS 0042 3B 05-117-23 IS 0043 PROP ADDR 03415 EASTLAKE ST 03464 EASTLAKE ST 03444 EASTLAKE ST OWNER NAHE CARL JARNIG H B N HUNSLEY D A HONGE B N A HONGE TAXPAYER CARL A JARNIG HARK A HUNSLEY DEAN A B NANCY A HONGE NAHE/ADDR 2400 INTERLACHEN RD 3464 E LAKE ST 3444 EAST LAKE ST S SPRING PARK HN 55SB4 LONG LAKE HN 55356 LONG LAKE HN 55356 3B 05-117-23 13 0044 3B 05-117-23 IS 0045 3B 05-117-23 13 0046 PROP ADDR 03424 EASTLAKE ST 0003B ADDRESS UNASSIGNED 0003B ADDRESS UNASSIGNED OWNER NAHE T E RADKE B H A RADKE ' J 6 WALSTEDT B L W WALSTEDT D A HONGE B N A HONGE TAXPAYER THOHAS E i HARGARET A RADKE JOHN 6 B LYNN W WALSTEDT DEAN A B NANCY A HONGE NAHE/ADDR 3424 EASTLAKE ST 3470 BAYSIDE RD 3444 E LAKE ST S LONG LAKE HN 55356 LONG LAKE HN 55356 LONG LAKE HN 55356 SB 05-117-23 14 0060 SB 05-117-23 41 0022 PROP ADDR 03403 EASTLAKE ST 00405 OXFORD RD OWNER NAHE GERALD E BENOIT F DENNISON SHAW JR ETAL TAXPAYER GERALD E BENOIT F DENNISON JR B JANET SHAW TOTAL BATCH 501 00014 NAHE/ADDR 3403 EASTLAKE ST 405 OXFORD ROAD o xr'<1 LONG LAKE HN 55356 LONG LAKE HN 55356 H ri I #24f vSTfc. ■ > ■• - '".-•' ‘ ^ - Si' 3i . J ‘. ■ • • . b • • •“ ‘o» .y.«" !t 4 r i < i- r-■ •'''J fF • • '"'.« %f , •• - • * . <*\- • * •"*- ^ ^ ^ •-* ^ • * •*• 4 \*“^' !!l. -n.\~ ' -•' ’• . ' ;•; . a? V'y' . -••■: i E r iT.i4.^i£3li a ij^ ■ i V; Vt:*- ^ •;■ i I'K* &^Wi85/S, i v.'vr^ ^/V ■m L-^r^' ^ Sr ’ f' ■ WimWlffUfe® •'- r- BHm V* A V. continuous hinges 6' high side walls 8’ high peak Stud wall & rafter construction msm< r V : “* • ’* .AS<F_\nu^ \ulfv) C ^’ Mm t<,'irf 1 :•^ . * It 1 b M0M$$Un ifvM »f COUNTY RPAD MO. M- ■tU0 nhitr 9h¥0f»90% ^ Mr W./t M m€.¥0-ifi9, fh^krtf hm>m wmfrr if k Affmm. rr Cmrer^^h^ ^^mtkm&rk m m r^*rrMr/V^^^ ^ iMnrrrk Imrr ^ ffWrm^trr^ ✓ * hmnr itt Smr r^nm^*rkt 0 /p#/f A!f kp^rmaf mn pkf mrr SAYSIDE ADDSTiON TO LAf^E MiNNETONHA Prmm^^ 99» j vh'flfy emrrmenfj rk^vrm fir- C | MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1755 - CONT. Rowlette said that it cannot be placed In the rear of the house because that does not leave an area to park. Bellows reviewed the requirement for a 10* separation setback, but felt that was not an Issue here because the property has access from both Shadywood Road and Olive Avenue. It was moved by Cohen, seconded by Bellows, to recommend approval of Application #1755 for Leonard NIska, 2304 Shadywood Road, for aftei—the-fact conditional use permit and variances for a shed, conditioned on If a garage Is proposed. It would have to be an attached garage, and It or any other structure to be built on the property would require the removal of the shed, and the applicant paying the required penalty fees. Ayes 7, nays 0. (#5) #1761 MARK A. HUNSLEY, 3464 EASTLAKE STREET - AFTER-THE-FACT VARIANCE - PUBLIC HEARING 9:08 - 8:13 P.M. The AffIdav11 of PubI I cat I on and Certificate of Mailing were noted. Mark Hunsley was present for this application. Gaffron explained with the plat of Bayside Beach, an outlet was created to accommodate the gray water mound septic systems for the three adjacent lots. All three property owners technically own the outlet, but only one Is listed as owner for tax purposes. The 12’xl6* shed is used by all the neighbors for the storage of lawn equipment. The shed is set back 5.9’ from the street and encroaches In the 10’ drainage and utility easement. The Public Department has confirmed that this has not created a problem with the Installation of sanitary sewer. There Is a fence near the shed and a large willow tree around It so It Is not visible from the street. He explained that the code does not designate setbacks for out lots, but if It were to meet the setbacks of the 2 acre zoning district, it wouid need to meet a 50’ setback which would place It In the middle of the outlet, thus becoming more obvious. Bellows asked how they address the issue of having an accessory structure without a principal structure. Gaffron stated they would need to approve a variance for the shed. He added the outlet is under control of the three adjacent property owners, which may set this request apart from other requests for accessory bulldngs without principal buildings. ..J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1761 - CONT. Chair Kelley asked about the possibility of the other neighbors requesting to place a shed on the outiot. Bellows asked If It was possible to locate the shed on the applicants property. Hunsley stated the shed would create additional hardcover on his property and aesthetically would not be as pleasing. Bellows expressed concern about setting a negative precedent. Chair Kelley felt that If other neighbors come In with a request for a storage shed also, he would recommend only one shed In common ownershIp. It was moved by Bel lows, seconded by Cohen, to recommend approval of AppIicatlon #1761 for Mark A. Hunsley, 3464 Eastlake street, for an after-the-fact variance to place a shed on an adjacent outiot without a principal residence, v;lth the condition that the applicant pay the penalty fees. Ayes 7, nays 0. Chair Kelley asked about moving the shed out of the drainage and utility easement. Bellows felt that was not necessary given the temporary nature of the structure. (#6) #1763 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - AFTER-THE-FACT CONDITIONAL USE PERMIT - PUBLIC HEARING 8:14 - 8:17 P.M. The Affidavit of PubIIcatlon and Certificate of Mai IIng were noted. Rick Fredrickson and Mark Gronberg were present for this appiI cation. Gaffron explained that the application was submitted prior to commencement of work, but perhaps due to the fact that the appi leant was unsure which city to gain approval from, the work was started without the necessary approvals. The project Is proposed to make the driving range more safe. The City Engineer has commented that the 2:5X slopes are steep, but the golf course maintenance personnel have assured staff that they currently maintain slopes that steep. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 (##5) 4M755 LEONARD NISKA, 1204 SHADYWOOD ROAD - AFTER-THE-FACT VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3188 It was moved by Butler, seconded by Callahan, to adopt Resolution #3188 for Application #1755, Leonard NIska, 1204 Shadywood Road, approving a variance and granting a conditional use permit for the construction of a storage shed. Ayes 4, nays 0. (:»#6) #1761 MARK HUNSLEY, 3464 EASTLAKE STREET - AFTER-THE-FACT VARIANCE - RESOLUTION #3189 It was moved by Butler, seconded by Callahan, to adopt Resolution #3189 for Application #1761, Mark Hunsley, 3464 Eastlake Street, approving a variance to construct a storage shed on Outlet B, Bayside Beach. Ayes 4, nays 0. (#7) #1765 JOHN MOORE, 801 TONKAWA ROAD - VARIANCE Jim Cradit was present for this application. Gaffron explained the existing house is approximately half within the 0-75’ zone. The applicant Is proposing an addition to the existing kitchen and a second story addition over the master bedroom, both within the 0-75’ zone. Jabbour stated the survey they were provided does not show the existing hardcover. Gaffron noted a complete copy of the updated survey is further back in the Exhibits. Butler asked If the appIicant anticI pates do Ing foundatIon work for the kitchen expansion. Cradit noted the steep embankment below the kitchen area and the amount of erosion is partly due to the fact that the house does not have gutters. He stated the excavating for the block work needed for the kitchen expansion will be done by hand. Butler suggested that be made a condition of the resolution. She added the property does not have Its house numbers posted. Goetten said she would like to see a trade-off of hardcover within the same zone. She felt If the applicant expects to get permission for an addition within a sensitive area, he should be expected to give something up. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3189NO. A RESOLUTION GRANTING APTER-THB-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.23, SUBDIVISION 6 (B) PILE #1761 o!:WHEREAS, Mark Hunsley (hereinafter “the applicant”) has an interest in the property located adjacent to his residence at 3464 Eastlake Street within the City of Orono (hereinafter "City"). Said property is legally described as Out lot B, Baysid e Beach, Hennepin County, Minnesota (hereinafter "the property") and “is ovTiied jointly by the adjacent property owners at 3424, 3444, and 3464 Eastlake Street; and WHEREAS, the applicant has made an after-the-fact application to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit the construction of an accessory structure on a property with no principal structure where no such accessory structure is normally allowed, and a variance to Section 10.23, Subdivision 6 (B) to allow the accessory structure to be located 5.9' from the side street lot line where a 50' side street setback would normally be required for an accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. FINDINGS 3. This application was reviewed as Zoning File #1761. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings; a) The applicant constructed the 12'xl6' storage shed without obtaining the necessary permit and variance approval. Page 1 of 5^ ^ TRANSFER ENTERED OEPr OF PROPERfy FAX i PUBLIC RECORDS AUG 9 1993 MOMlPm CpuriTY MINN. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3189 4. The storage shed is located on an outlot that was created within the plat of Bayside Beach for the purposes of providing road access and a site for a graywater sewage treatment system to serve the residences at 3424, 3444 and 3464 Eastlake Street. c) Although the resolution approving the subdivison of Bayside Beach and the creation of Outlot B does not specifically prohibit structures within said outlot, the municipal code prohibits placement of accessory structures on a property without a principal structure. d) In this specific case, the use of the outlot is sufficiently controlled by the three immediately adjacent property owners who jointly share in ownership of the outlot, such that the concerns of property maintenance and security are sufficiently satisfied to justify granting of a variance to allow an accessory structure on the property. e) The 12'xl6* storage shed as constructed is located 5.9' from the street lot line, but is suitably screened by existing vegetation and a nearby fence such that the shed is not out of character with the neighborhood nor does it constitute a visual encroachment. Further, moving the structure to meet the required 50' setback would place it in an area where sufficient screening does not exist and is not easily developed. Further, while the existing location of the shed is partially within the 10' drainage and utility easement along street lot line, the temporary nature of the shed structure would allow it to be moved should it at some future date be in the way of any utility work. 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 '^be effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 9 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3189 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply genera ^ ° other property in this zoning district? that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property? would not merely ^ convenience to the applicant, but is necessary to allevi a demonstrable hardship or difficulty? is necessa Y preserve a substantial property right of the . would be in keeping with the spirit and intent of e o g Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above landings, the Orono City grants an after-the-fact variance to Municipal Zoning Co 10.03, Subdivision 9 (A) to allow an accessory 2 3^ with no principal structure, and a variance to Section 10.23, Sabdivision 6 (B) to allow a side street where a 50' setback is normally required, subject to t conditions : 1. Applicant must obtain a building permit and bring the shed into compliance with the building code requ remen s. 2. The applicant shall pay after-the-fact investigation fees for the zoning application and the building pe 3. Applicant is advised that future proposals acLssory structures on the property y® requirement to remove the existing shed, it _g intent of the Planning Commission that^no more than ^ accessory structure should ever be allowed on 4. All persons with »n interest in Outlot B shell sign this resolution. 5. Authorities granted by this variance not with the applicant, but are il^ithirone exercised by application for a building p „ariance will year of the date of Council approval, or this variance win expire on that date (October 12^ 139J). Page 3 of V 6 7. October, ATTEfBT: CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3189 Violation of or non-compliance with any of conditions of this variance shall constitute a violation the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood agrees to the terms of this resolution and on behalf of himself, his heirs, successors and fssigns, hereby agrees to the recording of this resolution in the cha the property. Adopted by the Orono City Council on this 12th day of 1992, Dorothy .A allin. City Clerk .. Ay )a^rbara A. Petersoh, Mayl&a'rbara A. Petefsoh, Mayor J. Diann Goetten./Acting Mayor Property Owperls) (/ STATE OP MINNESOTA ) ) SS. City Clerk o£ the City of Orono, « «^"",®®„V^“thrcity. “rporation and said instrument was executed on behalf of the City. A MASEMANJP-SfassR'*WY oouuQseN £vma »«>« Notary Public Page 4 of 9 ©5^¥SffiimMm“-■'rANo;.-; .■*■■ OECIARATIOJf OP COVENANTS FOR HMlSTtUMCt OP SAME • . - •; -V. • lrl\ -T f« f: sri '■;r^ 3ii V •• KNOW ALL MEN BY THESE PRESENTSi WHEREAS, Jane* McCleary and . .1n_husband and wife, (horoinafter "the subdivider**) are the tee ownersrof that certain parcel of real estate located in the City of Orono,-.Codnt7-^^v'^;^ of Hennepin, State of Minnesota, legally described as follows: Outlet ’ i •;. r1 ■ . V t (hereinafter "benefited lots") Pi *'A ! f. .-V 's, . ' V ia» ^ :-ab - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - -' . •...; WHEREAS, the Subdividers arc the sole owner of Outlet. and all the benefited lets; and vsi^r^^vb-'t^ WHEREAS, the Subdividers intend that Cutlet B will conveyed to the owners of the benefited lots as tenants in cordon -7V,oV subject to this Declaration: NOW, THEREFORE, the above owr.ero, their heirs, asalgnt/aBd;7^;ij^^^^^^ successors (hereinafter referred to as owners or owner), hereby. •.covenant and agree as followst ; . • . . • f ‘1. The owners of each benefited lot shell. construct .Oft: 7::- Outlot B a separate Graywater Mound System in the respective approxl^-:*. mate locations shown on the dia^jram attached hereto as Exhibit A ' * • : -V V ^ T-> w ..». •• .••• . n • 2. Each lot owner shall be responsible for the costs of construction, maintenance, repair and operation of the lot a Craywater Mound System, and for any damage caused to the systems . of the other lots caused by such constructlcn, maintenance, repait^'Uy^ and operation. I .. •■w . ^ . 1 * * •' V . . • V** •- • ? •■ •••/*,•., * ». • t •••*•• • * • -S. . • *« • • -•« - v-‘> —. %W*a.***»’ 7 • *• >. • •. » • •*.• . r- . •* " t . - - .' ; , v ^ ^ ’ X * - >.‘*^ . • • , • ^,v ?r4.!";-v.>fGB£ .> •-•: Hr:* "• • .-t- --‘^r i ^ ■;rit;'lVt;'.-:.v--i •;3, No activities ahall be permitted on the mounda‘of. thOiSViv^ " Creywator Mound Syatema that night daioago the aystema. Prohibited. activities include, but are not limited to tho following; ^ i .. a) b) c) <S) e) Parking 4, The owners may not prohibited by or inconsi county. State or Federal law. Vehicular traffic. Digging or excavating except in connection with construction, maintenance and repair. Gardening. . V*.- ^ 5. No improvements may bo constructed or made on B without the consent of all of the owners maintenance and repair of any improvement of each of the benefited lots. ^ ^ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _J payable on the date such costs for construction, maintenance or repair'iVM^:^ 6. Each owner’s share of ouch costa ahall be due and are due and payable to the person or entity rendering an account •;• therefore. Each owner's share of such costs shall bear interest at rate of eight (8) percent per annum from such duo date to the date. payment. Anv owner in.«V >>rinn „/-rinn K,.S.r^ Owners not paid attorney costa - -- - - - - - - - - -- - - - - — -V ^ • 7. No Owner may exempt himself from tho liability assessments by waiver of the use or enjoyment of Outlet 9 or .-wv-f-v -.r.- abandonment of his Lot. __j w-fc,» ■• h -»r5'»a^4 »• V* »**.y V? n J S V « r 8. In the event that the Owners of each Lot des( herein fail to maintain, repair o.- replace the Cre>'watur Mound Syate«»-^v;'t^-v,'-j,yrV'j as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the Creywater^*'^-^J/;r:^*-;.;r'^ Mound Syst^ as provided for herein, and that such actions by the of Orono will not result in the Creywater Mound System's becoming e public easement, and that each of the 0%*ners will pay to the Orono the proportionate thirty (30) days of tho shsll become a lien upon \ •*. .—j;* s ^- - - - - - - - - - - - - - - - - - - -• • -. • •■ . • • -;•>.• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . Ia .. -1 • • • j^- t v V-.-* '* • ;..•'h«oln';^-^'8aid^proPortlon«t«;«^r«^l«_to.M nuiBboc.ot total cotta o£ Mlnttnancc.-;repair or repiacen^^ . --------..5.,,...... •total cotta o£ Balntanancc,';repair or »^LAn“fotth .bove, .ni tMt«=b owner .h.U b«o„. 11.^ .tet forth above# end tnat . date of thla Agreenentproportionate ahare £rori\ and after the date oc tni* y O r.#.H th« owners of a Lot doacrlbod hnreln9. Each Of the owners or o other Lota da8cribed4VN’'v^V;.^.. covftMnts with 6ach of the Owncri of ^ heroin by accoPtJinco SS:S"r;irci\S‘e herein, that be/ahe/theyS •hall pey promptly V*' i: -r • » w;> r a • % - • V - ^ . *t 11, This covenant shall run with the binding on and inure to the benefit of heirs, representatives, successors and assigns. 12 There may be no anendnent to o*". of this ear-enent and declaration without the prior wci . of the City council or tho City o. Oconc«uii«.*A wa -- - - - - -- . . IM WITNESS WHE^or^ tha^arrla. ha^ hncoM easenent and covenant the day and vca. xir-t w_. ,ar . Janes .McJlcary 1» • .0^ ., >*- r^* --.V- -■J * ‘••T .j %v ►.••v?, vV, :/• ■.-; M^eary STATE OF MINNESOTA ) ) SS. .- .•••«. r.s; •' ‘ ^ » . . v ‘ ..... a-:- . .. •> ^.*•<;cwW .ia The toragolno dAy of * COUNTY OF HE^^NEPIN ) Vr«P huaband and wifo. 1 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 3,1998 SUBJECT: #2402 Glen Sauer 4104 Highwood Road Variance-Public Hearing Zoning District: LR-IB Lot Area:28,614 One Family Lakeshore Residential District (1 Acre) square feet (.66 acre)_______________________ Application: The applicant has proposed to construct a new 22' by 28' n\o-stall garage to replace the existing 22' by 15' garage that was damaged by a storm in late spring. The new garage would have additional storage space to replace a 178 square foot storage shed that is proposed to be removed subject to the new garage being built. This application will require the following variances from the Zoning Code for the following: 1.Hardcover in the 75'-250' to remain at 48.4% where 25% is allowed. Although the hardcover in the zone will not change, the old garage would be removed and a new garage would be constructed. 2. Accessory Structure located closer to the road than the principal structure. 3. Encroachment of a structure within the front yard setback. The new garage would be built in the same location as the existing garage, T'jgm_die^onHotJine_vjiere^5Msreq^^ Pertinent Ordinances: • Section 10.24: LR-IB One Family Lakeshore Residential District . Section 10.22, Subd. 2: Lakeshore Hardcover Regulations . Section 10.56, Subd. 16(L)(2): Lakeshore Hardcover Regulations • Section 10.03, Subd. 9(D): Location of Accessory Structures ^2402 Glen Sauer 4104 Highwood Road Variances 8/17/98 Page 1 ANALYSIS Lot Area and Yards LR-IB Lot Area Lot Width Rear Yard Side Yard Street YardlSide Street Required 43,560 s.f.140’30'10'35' Existing 28,614 s.f.326’143'45'7’ Proposed 28,614 s.f.326’133'39'7' This application requires a variance from front yard setback minimum of 35'. The existing garage is located 7' from the lot line. The new garage would be located in the same location 7' from the lot line. Structural Coverage Total Lot Size Total Structural Coverage Percentage 28,614 s.f.Existing: 1,323 s.f. Proposed: 1,408 s.f. 4.6% 4.9% The lot meets allowable structural coverage. Hardcover iH402 CUn Sauer 4104 Highwood Road Variances 8/17/98 Page! Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'0 0 none (0%) 0 none 75'-250'4,739 s.f.2,292 s.f. (48.3%) 1,421.7 s.f. (25%) 2,292 s.f. (48.3%) yes 250'-500’23,875 s.f.1,745 s.f. (7.3%) 7,162 s.f. (30%) 1,688 s.f. (7.0%) none 500'-1000'0 0 none (35%) 0 none A A variance from allowed hardcover is required as the applicant would remove the foundation and subsequently replace it for the new building. The total amount of hardcover would not change in the 75'-250' zone. The applicant is only replacing what currently exists, or building over existing hardcover. The lot contains only a small portion of land in the 75'-250' setback from the lake. That portion of the lot is the highest area suitable to building on the site, resulting in a relatively high percentage of hardcover. The total hardcover for the entire lot is only 14.1%. ANALYSIS Variance STATEMENT OF HARDSHIP Applicant's hardship is included as Exhibit B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can contir.ue to be used as it is currently with the exception of the garage damage. The applicant nas stated in his statement of hardship that his insurance company will not pay to repair the existing garage only to replace it. If the applicant is held to the zoning requirements the garage would be built in an area on the property that is very prone to flooding. The applicant would also remove a storage shed that often floods after heavy rain and in the spring. Therefore he has requested a larger garage structure to accommodate additional storage. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property contains a large drainage ditch the often floods. The best area to build on the lot is the high area where the lot does not flood. U2402 Glen Sauer 4104 Htghwood Road Variances 8 j‘J7/98 Pa^3 r 3. The variance, if granted, uill not alter the essential character of the locality. Other properties located around the subject lot generally have a detached garage located near Highwood Road beside the residence. The new garage will not change the appearance of the neighborhood or negatively impact neighboring residences. 4. 5. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate acc«..^s to direct sunlight for solar energy systems. Solar access is not a consideration. 6. 7. 8. 9. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person’s land is located. The use of the property would remain residential with a garage as a permitted use. The applicant only intends to construct a new garage on the lot away from areas that are prone to regular flooding. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot contains a large ditch for drainage. Much of the lot is located on low land prone to occasional flooding. If the garage were constructed at the regular setback and outside of the 250' distance from the lake, requirements would only allow the structure to exist in the flooding area. The lot is unique due to the large area of low land. The conditions do not apply generally to other land or structures in the district in which said land is located. U2402 Glen Sauer 4104 Highwood Road Varicnces 8/17/98 Page 4 Many other lots in the neighborhood do not have'flooding problems that prevent development to occur in the buildable portion of the lot. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has an existing garage that was damaged in a storm. The new proposed garage would be constructed in the same location as the existing garage. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The granting of the variances will not constitute a public hazard. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The granting of variances will not create something new for the lot. The applicant has a legal, non-conforming structure on the lot serving the property as the proposed garage would. The variances are not a convenience due to the conditions already existing on the property. Added storage space available in the proposed garage would allow the applicant to remove a storage shed from the portion of the lot that regularly floods. Issuss 1.The street side setback for the proposed garage would not encroach closer than the existing structure (7 feet from the front lot line). 2. Detached garages with access facing away from the street only requires a 10' setback. 3. Hardcover in the 75'-250' lakeshore setback would remain 48.3%. 4. The proposed accessory structure would be closer to the street than the principal structure. §2402 CUn Sauer 4104 Highwood Road Variances 8/! 7/98 PagiS STAFF RECOMMENDATION Staff recommends approv^ of the variances from front yard setback, accessory structure setback, and hardcover within the 75-250’ of the lakeshorc. Attachments A. B. C. D. E. F. G. H. I. J. K. Application Applicants Statement of Hardship Plat Map Location Map Topographic Map Survey Hardcover Calculations Photo of Existing Garage New Garage Plan Property Owners List Permit Record r 1 U2402 Clin Sauer 4104 Highvfocd Road Variances 8/17/98 Page 6 EXHIBIT A Application it cS^o ^ Date Received ^ * *5 i Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ^ \ Property Identification Number fP.I.D.10"1 IH QOQOa Attach legal description to application if not included on required survey. Date Property Acquired ^ ~ ________________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: 7^ residential ___pother (specify)_____________________ Zoning District: L12.- _______________________________________________ .C\J **. • •• APPLICANT Name LtT kJ Phone (homc)_^^ZJLz2L2^Z. Phone (woric)_____________ Address: V // R J City: ^ A^f?Zip:. OWNER (if different than applicant) Name Phone (home). Phone (work)_ m Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ ^ Describe request in detail: f7ytUn\/ ^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front __Side ^ Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:___________________________________ (attach additional sheets if necessary) EXHIBIT B JJ-if SI) /i A ^ ""-K 'U •r/jA'f /ju' T/^e~ S f TMS^**/LAA'^e■t- io^ tv/L-L /T, T/je-y jT. ft-^t-tr /T JA< 7j^£- Ra J}j /T 7 / T ^ £^i{_ /-i ^ •J ’y^ fi>/^ /9f^^ 7 r/t-L /wy SAt:/t: i'A/?€y ic^AA^er 'A T/ye w yy^c^ir- Tt' />AiT yeJ^Jt^^, f y» p.^'7i?s' ! TVifA t ^4 /J t^E'T’ yjJO e>/^ /ij/Z S//EDT / y Ttye Sa- A" Ayj j^jiry T^ ti/^>yiJ(y y^\^4fiA^r' My c.A>i>'yyp M^’‘‘'Jtj!} fiyp TV^yy^s jy Y sy/£p^ A^eTT^yy^- t^£T. 7 <^^ui-/> i-cAyy£ yyys pzy M - TAyA SfyyieAyp y^r e'/y^ -ryyC tx^arj Tfyc SAy A Y/»AJ r^ 7-7.^. i^-fTyj THe >-cy/s,rfy c,^. t^- PC T> puLe^A^ £■*zST^p£■ e~ /f"tficr AYA -yMIS tt'^x-LjA gC y^ 9-^4g £^/9Z fl<s-E'- 0- Pfyr<^Rtr5 ey^t^^ep . y «• < 1 ;i3) 1r i(74) 115 » • !■••••• r 1 ■« t -i^ J A "MS ' m\ t:t (e4) (z) ;!(') if li f.v-- - • 2:2.3 s 777. Vr ! (25)4 V 1 n: __S!'tf S m V 95.S . 1 I3&6S i L S ii' e «( 214 *\~ C4l' » (I) (I)-Umi) «5 » hs.es* f *T3. n 7 n ^ X 1 • SN'IT? » N « » KO « :“ f72) '6 «a -— — 5r ss ^ 700 i ^ «4 (70) w yy — la N es a 'i •’ '•o^ ' >» V3?) a ^(£3; ^—- 6l.es (I) cr f *a 26 cr. gSrRucs PL ^j^ SI V 2(jT3<la sCj2;s 2itf JiluS-—lsfe?U \(d lo 4 121)c;. s r*NO « > ''a r/'^S 79 J (66) ? / / li ■ V# A 27: fe-•|4C 40ksn **$ 22 21 20 1 HilS;he)fd4)U R W $ WMSteSSKA" : 2 1 vrpvru sp—!5s-« '“f”P )7S'2' sfj .. (Mi '.e» »*17 *®il ••. *4i “P R !s X J - 2 •?? >; C'5) ^ <1.44 1^; '» 9;V.».n'7T) 3 1 M : , is *e «(64) U4 S S W ‘7 -ii-a.nr?5) « » 5 ' >* '’k1 tlV*'**-^ ••-V Parcel Infonnation Parc«100711723440066 HouMNumb«f 04104 S»Mt N«n« HX3HWOOO RD 44-^ Ait ^ "" lEXHIBiTC 7TO*' ■'tyy ■YT'«<;&aiv:^^^* EXHIBIT D GRANDVIEW AV , ^ores^lake o << Skogsberg Point ui *5 /c / S 2 »I6H /woo^^ o CD r~td^-'-'^ North Arm Maxwell Bay BOHNS POINT LA \ X J600 Shady^ood Point ORONO Arm deering \I Pager ness Point ^ ji-l-SHOREUNEPL SPRING 2-DEL OTERO AVE ARM® ' |240(|<3 o WABBEN AVf Crystal Bohns Point an •"‘OR^irST?^’ U ■ HATTIES r^g^jr^^llTEIItACHEM rS c—:^oW kO ^!ow ijARLOW 51HJI/ / 24HGLESSLY 7 f J _• a / I« / IT/ If //,“Xr Spring A\SHORELINE o S 2400^®^ \ A W AVE 5 DR ^AYRO © . /i ^ V « )LK -RO XJ !A0 SRDm» ^ —.. s 'tni«i 5[r^ itSTM sl >3 LYDIARJ^ CIR r Carman \c y -HWHWreOMBlt RD ?=•.- Pelican PointW • r lltlLUOlO 'viv //' GOOSE^_^^ *®' noJ0^ ISLAND \^\^^\0 RO N O \ E90 ill I io nftM EXHIBIT F EXHIBIT G ' Page 1 of 2 (^L£hi S-^o>Ee. HAW)C0VER CALCUUTION HORKSHEEL^ SETBACK zone: (CIRCLE ONE) 0-75'. (7?5o) 250-500' 500-1000 LENGTH "width ^-70 -9*^ 7-2/- ^eu. A. * )|0USE /Aa^0j(o C//jA/^fF S.H.. • • • *• • •* *• B# Garage A c* D riveway 7 ^3 2,3 *S,F.' S.F, S.Ft S.F. __ X - X • • I _ X - ^ ^ CAfA^CAA^trj £4-5 • - S.F.^77 '.r . I / ✓ o r*AC4^, • S.F.-i<5:7- /tf*/?. »• ^ I*.D.’ ‘SlDEWALk ^X .a S.F. S.F. 2S • • •* ^Onc. A^.Ouho H®«$£ E* Patio /3eck X 12.5*- t f !»• • »\ •F.Lan DSCAFE' AREAS UNDERUIN BY ■ . . FUSTIC SHEETING ^.3 Af^oue ^0A Citt -S.F.‘->/,J jr O S.F. W4U. _ S.F. 4 %• ^ ' ®* Other _ X •. /4 . S.F. S.F. S.F. S.F. /V ./— —S.F.^ ^_______ ' • HILL-,.;, [n • • • • •. Total Hardcover in Zone - • • • Total Property A rea in . Zone- • - 4734 t «.e fj1 ^73f _ X 100 - _M±" •% *7>2292 j.B ^739 A/O ZHAt'Cf jyji^f ^JIAAff JAA /sauta n^*jr/*ya A/4iA C^lAfA . ►EXHIBIT G . Page 2 of 2 • HARDCOVER CALCULATION WORKSHEET . .SETBACK zone : .(CIRCLE ONE) 0-7S' 75-250' (SmoO^ 500-1000' STING H ardcover in Zone V O IV. n •V 02 % • • 4 • m A. ■ H ouse Epee Al3o<^f^o^ I FOic ^noonO AOjA m pATfO B locks length 3 ■- X X WIDTH ,3^ •67 ^.3 B. Garage c. Driveway ^CNC APiSot^ X X X « X X . 1-3 'Z..Z T7T If ' • • X X 1 __' D.S idewalk • X _cs n.7 X 16P.I 8 ypcoofH 3 .3.3 ■ - Z _ X 3 8£• 'O HoV•• Woo Bfii06£\0 _ X 3.3 a 3 3 • F. Landscape areas UNDERLAIN BY • I . PLASTIC SHEETING • • • . /HA«7NRy ivAit I ^ G. Other ■. / w Total-Hardcover in Zone • - » • Total Property Area in. Zone C/* y = -716.-A' • • S.F, ^ - O (Aff^o — :.^Y.2rO __S.F,2*;. 7 37.7 »(?.4 S.F. 77. S S.F. S.F. y2/i.5r 1 29/ 6 •• • 7 •............... S.F, >* 5* - « j * 1 5 • • SiF, ”* 5 t • • O S’/5" •• S.F. / 767/5 mmm ^ V i V • S.F,'-/7/./ .-= • o ^ ^.9 • - 7. Y =o • ^ AfAlfyf S.F. = \ /O • 33-S.F. ^ ; • •• •• • • t . . « • * . ••S.F.• I S.F • S # Ff /9 S.F. •- •.» 4 /74S aFS ___ S.F. _! 's.f. I A‘| 23^02£J_s.f. [1] X 100 - • "7. 9 •%7- 0 7 EXHIBIT H mm j^^^r.v.;.fA-Vi •■:; v: ■ * h ’ / ■1;! ' CD; ^-./ ■.ss■;?5^¥^^..'=-*.* j.^ .•r>''"".rr.''‘ f ’‘-, «■: • .‘"^Tv »"'V '.‘•V ^ ’ r.. * V T • **i ••V *n# ;?w.vn. -1!.-. •* S'ii *• ■ ^^ iLr • V-* EXHIBIT I Page 1 of 2 •i' ■it I o ^ N-. •WM DATE 07/17/98 BATCH 508 fBOB AOOB ONNER NAHE TAHBAVER HAHE/ADDR fBOP ADDB OWNER NAHE TAXPAYER NANE/ADOR PROP ADDR OWNER NAME taxpayer NANE/ADOR F<^OP ADDR OWNER NAHE taxpayer NAHE/ADOR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR S8 07-117-2S 48 0009 08075 HXCNWOOO RD * * J?®^**OW I S B RROCHNOW ROBERT S I SARAH 8 PROCIINOW 4075 H16HH00D RD hound KN 55348 38 07-117-23 88 0012 08099 HICHHOOD RD ALONZO B SERAN III ALONZO B SERAN III 4099 NICHWOOD RD hound HN 55348 58 07-117-23 88 0015 08109 HICHWOOD RD 6 W 8 J L APPLEBAUH OEORCE W/JOAfME L APPLEBAUH 4109 HI6HH00D RD hound HN 55344 58 07-117-23 88 0037 •0038 ADDRESS UNASSI6NED JAHES H CLEARY JANES CLEARY 8109 NORTH SHORE DR hound HN 55348 58 07-117-23 88 0057 00038 ADDRESS UNASSIGNED STATE OF HINNESOTA STATE OF HINN 58 07-117-23 88 0010 08079 HICHHOOD RD JOHN T SANBORN ETAL J T SANBORN 8079 HICHHOOD RD hound HN 55348 58 07-117-23 88 0013 •4101 HICHHOOD RD OARY L CERHUNDSEN GARY LAHRENCE CERHUNDSEN 8101 HICHHOOD RD hound NN 55348 58 07-117-23 88 0031 08132 HICHHOOD RD ® * CATHERINE ANDERSON SCOTT C 8 CATHERINE ANDERSON 8132 HICHHOOD ROAD hound HN 55348 38 07-117-2S 84 0038 •8109 NORTH SHORE DR JAHES H CLEARY JAtas CLEARY 8109 NORTH SHORE DR hound HN 55348 38 07-117-23 48 0058 ••058 ADDRESS UNASSICNED HENNEPIN FORFEITED LAND CITY OF ORmo P 0 BOX 44 CRYSTAL BAY HN 55323 REPORT NO. PI835801 PACE 17 38 07-117-23 88 0011 •4091 HICHHOOD RD F L JOHNSON 8 D L FOSS FREDERIC JOHNSON 4091 HICHHOOD RD hound HN 55348 38 07-117-23 88 0018 08105 HICHHOOD RD J B 8 H J EASLEY JAHES B 8 HELISSA J EASLEY 8105 HICHHOOD RD hound HN 55344 38 07-117-23 88 #033 08100 HICHHOOD RD JASON N THEIS JASON THEIS 8108 HICHHOOD RD hound HN 55348 58 07-117-23*84 0054 MW ADDRESS UNASSICNED HENNEPIN FORFEITED LAIO CITY OF ORONO P O BOX 44 CRYSTAL BAY HN 55323 38 07-117-23 88 0059 00038 ADDRESS UNASSICNED KENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 44 CRYSTAL BAY HN 55323 fioW Q n g o S PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 07-117-23 44 0042 08054 NORTH SHORE DR HARILYN j RENO HARXLYN J RENO 8054 NORTH SHORE DR hound HN 55348 38 87-117-23 88 0043 08888 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 4088 NORTH SHORE DR hound HN 55348 38 07-117-23 88 0048 08088 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 888# NORTH SHORE DR hound NN 55348 • J mil? PATE l7/17/f8 BATCH 514 HENNEPIN COUNTY PROPERTY XNFORHATim SYSTEH PROPERTY OWNERS LIST REPORT NO. PZAS54B1 PAGE 18 PROP ADDR OWNER NAME TAXPAYER NAHE/AOOi PROP AODR OWNER NANE TAXPAYER NANE/AODR i rmf AMm OWNCt NAHC TAXfAYEII HANE/AW^e 58 07-117-25 M 0065 OAOA* NOETH SNORE DR GREGORY niCE GREGORY N PRICE 8040 NORTH SNORE DR HOUND HN 15564 38 07-117-23 44 0074 00058 ADDRESS UNASSICNED VIL OF ORONO CITY OF ORONO PO 80X 66 CRYSTAL BAY HN 55525 38 07-117-25 44 0076 04051 HIGHWOOD RD E A VONGRIES ET AL TRUSTEES ALEXAMDER I EDITH VONGRIES 4051 HICHMOD RD HOUND HN 55564 . 38 07-117-23 44 0077 04041 NORTH SHORE DR D t S HCCURDY DALE J HCCURDY 4041 NORTH SHORE DR HOUND HN 53564 38 07-117-23 44 0085 04064 NORTH SHORE DR DAVDI H JONES DAVID H JONES 4064 NORTH SHORE DR HOUND HN 55364 58 07-117-25 44 0086 04104 HIGHWOOD RD GLEN 8 BEVERLY SAUER GLEN I BEVERLY SAUER 4104 HIGHWOOD RD HOUND HN 55564 38 07-117-25 44 0087 04116 HIGHWOOD RD PHILLIP N OTTO PHILLIP OTTO 4116 HIGHWOOD RD HOUND HN 55364 TOTAL BATCH 504 00025 ipr 1 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 r • EXHIBIT K PERMIT RECORD Permit No-Date Type of Permit 7’/8 'U HoollcuJ ^0<?U MTS adcUi/jen^C’ * * • . >• TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: SUBJECT: August 12,1998 #2403 Terry Clark 1575 Long Lake Blvd. Conditional Use Permit and Variances-Public Hearings Zoning District: LR>1A Lot Area: One Family Lakeshore Residential District (2 acres) 31,661 sq. ft- (.72 acres) Application:This residence sustained damage from a tree falling on the roof. The applicant could repair the roof without any need for variances. The applicant wants to build an addition on the existing residence to add more living space, bedrooms, and a bath. The proposal requires a variance to encroach into the 50' street yard setback, to add hardcover in the 0'-75' setback, to encroach into a bluff area, lakeshore setback and ahead of the average lakeshore, and to change the grade in the 0’-75' setback to allow a walkout patio addition on the lakeside. Variances were previously granted for a proposal to add to the rear of the structure to allow a two-car garage and a second story. Those variances have expired. (Resolution 3785, granted October 28,1996.. Pertinent Ordinances: LR-IA Setback Standards, Section 10.23, Subd. 6, B. Bluff Impact and Setbacks, Section 10.56, Subd. 16, C, 1 and 2 Average Lakeshore Setback, Section 10.56, Subd. 16, C, 6 Hardcover, Section 10.56, Subd. 16, L Land Alteration in Shoreland District, Section 10.56, Subd. 16, J, page —l ANALYSIS Lot Area and Yards LR-IA District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 2 acres 50'50’30'75’ and ALS Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 31,661 237’ at 75’ setback 26 ’ to proposed addition, garage is on right-of- way 36.4’49’ existing The subject lot does not meet the minimum lot area requirements. The existing structure encroaches into the required 50' street setback. This lot is wide and shallow. It would not be considered a buildable lot under current zoning standards. The residence encroaches into the average lakeshore setback, 75* lakeshore setback, and is located in a bluff impact zone. The proposed addition would further increase the encroachments into the required street yard, lakeshore yard, and bluff impact zone. Although the residence is located in the average lakeshore setback, the proposed addition would not impact views from adjacent properties. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’20,400 sq. ft.1,258 (6.16%) None 2,704 sq. ft. (13.25%) 1,446 sq. ft. (7%) 75’-250’11,261 sq. ft.825.82 sq. ft. (7.33%) 2,815. 25 sq. ft. (25%) 942.82 sq. ft. (8.37%) None page—2 The proposed addition would add 1,446 sq. ft. more hardcover in the 0-75 ’ setback. The proposed additions in the 75'-250' setback would not require a hardcover variance. Generally, the City does not approve additional hardcover in this setback. Issues 1. 2. 3. 4. The subject lot does not meet the minimum lot area requirements. The lot is wide, yet shallow. The shallowness of the lot prevents it from having a suitable building pad because it cannot meet the 75' lakeshore setback nor the 50 ’ street yard setback. Any additions to increase beyond the 871 sq. footprint to the house require variances. The current one car garage encroaches on the right-of-way. The proposal does not rectify this problem. The lot is steep and a portion of the lot is considered to be bluff. A 30 ’ setback is required from the top of the bluff. The proposal encroaches into the bluff setback and further proposes to change the grade on the lakeside of the residence to allow a walk-out patio. A conditional use permit is required to alter the grade in the 0’-75 ’ setback. The proposed addition increases hardcover in the 0’-75' setback where the previous variances that were favorably considered added to the rear of the residence, away from the lake. STAFF RECOMMENDATION The subject property does have a hardship in that under current zoning regulations it would not be considered a buildable lot. The shallowness of the lot creates a situation where the lakeshore and street yard setbacks cannot be met. The bluff setback requirements further encumber this lot. However, the proposal places the bulk of the addition in the lakeshore setback instead of away from the lake and retains a substandard garage situation. Grading to allow a walkout patio on the lakeside is also further disruption of the lakeshore setback. Due to the numerous issues with this application, staff does not recommend approval as proposed and suggests that the applicant rework the plan to reduce the impact on the lakeshore and the bluff. Attachments A B C D E F G H Letter to applicant Application Plat map Architect ’s letter Hardcover Survey Proposed Addition Photos 1 Floor Plans and Elevations J Previously approved Proposal pagt —i A CITYof <HI0NO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 July 28,1998 Terry Clark 1575 Long Lake Blvd. Long Lake, Minnesota 55356 NOTICE OF INCOMPLETE APPLICATION Re: Application #2403 City staff has reviewed your application for an addition to an existing residence at 1575 Long Lake Blvd, Staff has determined that variances are required for hardcover in the 0-75' setback and lakeshore setback. A conditional use permit is also required for changing the grade to construct the walkout eind patio because the Building Official has determined that land alteration in the 0-75* requires a conditional use permit. A conditional use permit requires a mailing list of350 ft. where variances require a 150 ft. list. We need mailing labels from Hennepin County for the area between 150-350' from your property. Please contact Hennepin County at 348-3271 to order the labels. They can be sent directly to the City. Also, please complete the enclosed conditional use permit application and mail it back. If you have questions, please call me at 473-7357. Sincerely, Vz_ Elizabeth Van Zomeren City Plaimer/Zoning Administrator EVZ/ch .V-.-'N M. i Tdephouc (612) 473-7357 • FAX 473-0510 Application # ^*4-03 Date Received S~ -S'- 7 ^ Amount Paid V. CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 151^ Longf L005 T>'pe of Application to be Fifed CiilP *far lOtn^ d.U&rOL-hjan______________ Property Identification Number (P.I.D.) 3i(g lift ^3 33 ftQll APPLICANT' Name Pm A C(c\ rt^ Address ( ^iucD OWNER (if different than applicant) Name __________ Phone (home)_^ ^Sl Iz? Phone (work) ^ M i R City-1 p 1 Q Zip hone (home). Phone (work)_ Address City Zip. 7l^“1Date Property Acquired _ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - ^ $ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg ______$300.00 Commercial/Industrial Use X $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more yC Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee _ (month/year) OTHER APPLICATIONS _____$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 %K ii H REQUIRED SUBMITTALS 1. V Completed Application Form. 2. ____ Describe request in detail. 3. Certified Property Owners List of owners within 350'. labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4. ^ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. yC Attach legal description to application if not included on required survey. 6. yC Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. ____ Construction plan, if applicable (see staff for requirements). 9. ____ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Plea,e remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date ___________ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant on suppiieojisn^ ana correci to me oesi ’s signature ^ -t ^ JlQA Date OWNER’S SIG^NATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for, purposes of^vestigation and verification of this request. Owner’s signati^e 24A4.r Date Applicant must all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Ij/.L D NEIL WE6£R ARCHfTECiS 2290 WATERTOWN ROAD. SUITE 100 LONG LAKE. MINNESOTA 55356 (612) 476-4434 (612) 476-5863 (FAX) 22 July 1998 To: City of Orono From: Neil Webor Re: Front Yard Variance Request by Terry Clark 1575 Long Lake Blvd. Attached are documents which relate to the front yard variance request we are seeking, The home recently was damaged by a tree falling through the roof because of high winds. The current home is built 49 feet front the high water mark of Long Lake. This means that the repair ana addition will be within the set back line from the lake. The addition will be built on a relatively flat area to the west of the existing home and therefore will not impact seriously the bluff area which separates the home from the roadway. The calculations show that the hard (xver does not exceed 13% in the first zone. The addition uses material similar to the existing home. It is designed to fit well on the site and not have a significant impact on the site and surroundings. #2O/i \ AiCMlTCcru®E • ^lANNING • INTIRlOffS • CON5TRUCTION MANACCMCNTe INS FICTIONS •o' HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE)^ 0.75* ^ 75-250* 250-500* e 500-1000* E2flSIIKlIJIABMIQVEBJCLZQriE A* House HtJt P^ttAc Length Width B. Garage C. Driveway X X X X X )MiM' kr nwra : E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X Cei)i>, 'mjb %6M»somd TOTAL HARDCOVER IN ZONE TOTAl^jR^ERFY AREA IN ZONE + B "TC.tiOO X 100 PROPOSED HARDCOVER IV 7.0tsnr A- Hoy* H)*kOf- ifrUfc ^otnoM B. Garage C Driveway X X X X D. Sidewalk AQXTtfiKl \lNU0SCMCg, CP gcnO ffetfeewo E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X w W'IW qLfftoUfi- /MijiQ Twm'//At Z3& _S.F. S.F. S.F. . S.F. . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.' S.F. S.F. S.F. S.F. % sSEKsl A B 148 S.F. A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , -5- B X 100 S.F. A ____ S.F. B &nft ^ e/ 00 CD I I C\? % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCIiE ONE) (KTS' EXISTING HARDCOVER IN 70NF A. House _____________ X 250-500’500-1000' Lea(ih S.F. Width X X X S.F. S.F. S.F. B. Garage 1/) C. Driveway .. __ X \l>\ (fimK awOt) -Ztrt atmnAini»J aidM. <cmvi = -vn S.F. S.F. S.F. D. Sidewalk \)hiOO^ Cr X*2^ x » HO (ff^t ’2,U\Z S.F. S.F. E. Pado/Deck X X F. Landscape Underlain By Plastic X X X G. Other m X • TOTAL HARDCOVER IN ZONE TOTAL PROPERfY AREA IN ZO + B X 100 HARDCOVER IN A. House fa»j US z » I / “ Lrofth Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZON f>*2> ^ B X 100 ±!I df>fi S.F. S.F. S.F. S.F. S.F. S.F. S.F. _ S.F. % itLnules^: liZ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TW^ep'tM^ iWo- in.«» —1 » S.F. S.F. S.F. S.F. S.F. Ih'TUI S.F. %63a m 14 ' .' ‘H-. •, f/s fei ■r C "1 i.1 f \ ,y ■^'-O >j v4y;-i' •:•.'■ V^’v-^'••:■! V* ••.*"'> ".i^ '■- ' ->4#^W* ut H' - ft '< .V fc' • V. •-N»f ' /^ ' L-;,.. •^.Cr'.u.LU^N \\***/'* iffSEisiiiil W' T>Jcyv I r;;W'' !i»' ,' 'nVo'' ‘ I Hi ^ -r '• v; ifi J, 1 ..» V - I vi ' v\ r IBS -ifc— I <1 'n^ viriiir^—’'■* • > '* •.’* >: • ..•.v4-i iAr. •’ i :»*• Tvi&.vl8r>? >/ f feifej- % ■ 'f :• r w Jr»iG: .'/''••if#/-?f »f., # if.' • •r.' 4. ' l *-‘i-'A " ’' : i: ,v •’' U .’ . • ■ ■<.:\\\ ..•I • . F PREMi: A__» ho __UL II To; From: Date: Subject: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator P August 14,1998 #2404 Otten Brothers Nursery, 2350 W. Wayzata Boulevard - Commercial Site Plan Review (PUD-1) - Public Hearing Zoning District: B-6 (PUD-1), Highway Commercial District, Planned Unit Development Application:Request for commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey (Existing) E - Proposed Site Plan F - Construction Plans/Elevation Views G - Resolution No. 2692 (Sept. 1989) - Original Site Plan Concept Approval H - Resolution No. 2794 (April 1990) - East Willow Woods Plat Approval 1 - Original PUD Agreement & Attachments J - B-6 Zoning Code K - Code Sections re: Loading Berths L - Originally Approved Site Plan Summary of Request Otten Brothers Nursery and Landscaping is preparing to construct a 132’xl44' greenhouse addition at the east end of the main building. This greenhouse vidll cover a portion of the current open sales area which is surrounded by an open canopy structure (see Exhibits D, E & F). The greenhouse area will be used for virtually the same retail sales function as currently exists, but will provide for a more controlled environment. No site grading is anticipated as part of the greenhouse project, and the existing bituminous walkways will remain in place. An existing 40’x90' canopy section will be removed to allow greenhouse construction, and this canopy will potentially be relocated further north on the site. A revised survey including the proposed location of this canopy section is e..pected to be submitted prior to Monday ’s public hearing. 'iTiat survey is also expected to show the property boundaries correctly (the submitted survey is incorrect) and will indicate the as-built location of a ne\* retaining wall / loading dock under construction (without the required land alteration permit and site plan approval) on the future road corridor outlot. #2404 Otten Brothers August 14, 1998 Page 2 Pertinent Code Requirements This property was created and the existing site plan approved via a Planned Unit Development (PUD) process, which involved a subdivision and rezoning to B-6 (PUD-1) and which was subject to a PUD Agreement defining standards and conditions for how the property may be used. This Agreement (Exhibit 1) works in conjunction with the B-6 standards which govern the site. Proposed Greenhouse The greenhouse is essentially a steel frame structure of posts and trusses supporting a polycarbonate sheeting roof system, wth side panels and roof vents that can be opened as needed. It is intended to be architecturally complementary to the main nursery building, and the applicant will be able to describe the features which tie the two buildings together architecturally. The greenhouse will be functionaliy, but not physically, connected to the existing building by a covered walkway. Building Official Lyle Oman has noted that the greenhouse will be required to have a fire sprinkler system. All buildings on the site are on Lot 1, East Willow Woods. Lot 1 is approximately 6.3 acres in area, and the proposed greenhouse structure and relocated canopy will increase structural coverage of Lot 1 (including buildings and canopies, excluding open bins and storage areas) from about 48,000 s.f (17%) to about 66,000 s.f. (23%). Neither the zoning code nor the PUD Agreement establish a prescribed upper limit on the percent of lot coverage allowed. The entire site is outside the Shoreland District and is not subject to hardcover limitations. Perhaps half or more of the greenhouse site is already hardcovered. The City Engineer has reviewed the site plan with staff and concluded that the amount of additional runoff generated by this addition appears so minimal that there is no need for additional drainage facilities as a result of the addition. A stormwater drainage pond does exist at the northwest comer of the site. The applicant is advised to contact the Minnehaha Creek Watershed District to determine whether that agency will have any stormwater rquirements for this site. The location of the proposed greenhouse meets all pertinent height and setback requirements of the B-6 District. The 18'6" peak height is significantly lower than the 32 ’6" peak height of the main building. The greenhouse will have no impact on traffic circulation for the site. The enclosure of the cu. .nt space with a greenhouse is not intended by the applicant to change the use oi that space, but to provide it with climate control that allows its use to be extended in the spring and fall. No additional parking is proposed. Staff is unaware of any past parking deticiencies on the site, and unless further review suggests to the contrary, staff does not feel additional parking is necessary. No new signage is proposed in conjunction \vith the greenhouse addition. #2404 Otten Brothers August 14,1998 Page 3 General Site Plan Review Permit activity since the original 1990-91 development of this property has been minimal, including occasional interior remodeling of the commercial tenant spaces, signage, landscape sprinkler systems and a thatched-roof gazebo. The current greenhouse proposal is the first site plan revision of a magnitude to require a commercial site plan review since initial development of the site. As a result, staff has conducted a site inspection with the property owner and the Building Official, primarily to review how the site has changed and how it is being used. The original subdivision divided the site into Lot 1, on which all the buildings are located, and Lot 2 to the east which is used primarily for nursery materials and storage activities with no buildings. The only significant divergence from the initial site plan is the recent construction of a retaining wall system apparently within Outlot C (the future service road outlot) north of lot 2. This is addressed later in this memo. In comparing the current state of this site to the original approved site use and landscape plans, the site appears to be essentially in conformance wdth those plans. There are a few areas where screening shrubbery or trees have perhaps not thrived as well as anticipated to provide screening, such as adjacent to the truck parking area north of the production shed. There also are a few areas of outside storage that need ongoing attention or better screening; but in general the site is well kept and is not an eyesore by any means. The Public Works Department has commented that the storage activity does tend to occasionally hinder easy access to the City well house on Outlot B, and requests that applicant limit his activity in this area to allow easy access to the City facility and not encroach onto the well site. It was noted that the City has yet to complete the improvements to Otten's driveway access to Willow Drive. This has been approved by the City and staff is attempting to get the contractor to complete this work. The recent construction of landscaping around the pylon signs along Highwray 12 and Willow Drive has been reviewed by staff and we have concluded that this will be considered as incidental landscaping rmd will not require formal approval or permits. The portion flanking Highway 12 is under MnDOPs purview. Also, new brick light posts flanking the Highway 12 entrance to the site have been identified to the applicant as an issue because they are slightly less than the required 5* setback from the lot line, and applicant has agreed to move them to meet the setback. Retaining Wall / Loading Dock The wall system recently constructed within Outlot C is intended to function as an open loading dock area. The wall construction is of manufactured landscaping blocks and therefore likely would not need engineering design even though sections are 5-6 feet in height. However, this work does #2404 Otten Brothers August 14,1998 Page 4 require a land alteration permit, and certainly requires site plan approval since it is located within a road outlot. Outlot C is owned by the Otten’s, and the City has an underlying Road and Utility Easement subject to a restriction which limits the City’s ability to develop a road until a number of conditions are met (see Exhibit I). The applicant has noted that the retaining wall system is made of re-usable materials and could be easily disassembled at such future time that the Outlot is developed for road purposes. The PUD Agreement is mute as to uses of Outlot C, hence this retaining wall / loading dock must be considered as an amendment to the Agreement, as is the greenhouse construction. Staff is concerned about the impact of activity here as it relates to the neighboring residential property, which would otherwise enjoy Outlot C as somewhat of a separation buffer. It also will tend to act as an additional encroachment of our access to the well house. An alternative to this location would be to construct a free-standing 3-sided loading dock within Lot 2. Required loading docks are regulated in the Special Provisions section of the Zoning Code (Section 10.61 Subds. 11-17). Loading docks are not allowed in required yards, so it can be argued that the proposed dock must be set back as much as 35' from Outlot C (B-6 required setback for an accessory structure). Although staffs initial reaction upon viewing the loading dock under construction was that it is in a logical location, further consideration and discussions in-house have resulted in our concluding that this may not be an appropriate location. Planning Commission should consider the short- and long term ramifications of allowing this loading dock on Outlot C. Review Process Zoning Code Section 10.53, Subds. 5 & 7 indicate that any change to the approved final PUD development plan that increases the 'cube' of a building by more than 10% must be processed as an amendment of the final development plan, pursuant to a public hearing. The final result will be a resolution that amends the conditions of the PUD Agreement and is signed by both the City and the property owner. Note that minor site revisions are subject to review by an established 'Development Review Committee’ which consists of the City Planner, the Senior Planning Coordinator, and the Director of Public Services. This committee was used for review of Otten Brothers’ tenants canopy signage in 1994. Issues for Consideration 1. Does Planning Commission have any specific concerns with the proposed greenhouse addition? 2. Is Planning Commission satisfied with the current state of the site's landscaping plan? #2404 Otten Brothers August 14, 1998 Page 5 3.Will Planning Commission recommmend approval for the loading dock as proposed within Outlot C, or should it be relocated within Lot 2? 4. Are there any specific site plan concerns regarding current use or activity at this site? Staff Recommendation Staff recommends as follows: 1.Approval of an amendment to the PUD Agreement to allow construction of the greenhouse as proposed. 2. Denial of the proposed location of the loading dock / retaining wall system within Outlot C, with a recommendation that it be relocated to a site within Lot 2 that meets a 35' setback from Outlot C. 3.Approval of the relocation of the 40'x90' canopy to a site east of the storage bins in Lot 1 that meets a 35' setback to Outlot C. 4. Applicant to relocate the light posts at the Highway 12 entrance to meet a 5' setback from the right-of-way. Options for Action 1. Recommend approval per staff recommendation. 2. Recommend approval with additional or different conditions than staff recommendation. 3. Table for further information (specify). 4.Recommend denial. 5.Other. Application ^ Pr Date Received 7-^^ -4^^ Amount Paid 3;^ . ^ * CITY OF ORONO - GENERAL LAND USE APPLICATION I /■/.,.A.,.A K;WJ^== APPLICAN Name ----------- Address let O Name bre'H'-Vb AJw^<^ Phpnn(work)_y7?-g~ypC OWNER (if different t^ applicant) Name LnCt> Phone (home). Phone ( Zixlf Unu. Uk ^C Zip <T3rW City Lo< Phone (home). Phone (work)_ ( Date Property Acquired /7f^ 7 <r? eP/ Phone fwo] icj Zip. I K _ (month/year) FEES - CONDITIONAL USE PERMITS - ' . . $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $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 floodplam Grading and filling - 501 cu. yd. or inore 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 T !} • ^ •ci OTH^ APPLICATIO^^r^_^ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision 01V _ .BIUU.W ------------------ . J 1 \ $350.00 Rezoning (PUD - refer to fee schedule) ~ $350.00 Comprehensive Plan Amendment _ $100.00 Appeals Other - see Fee Schedule 2. 3. 4. 5. 6. ^ 7. y X. I ^^QUIRED SUBMITTALS 1. X Completed Application Form. V Describe request in detail. X Certified Property Owners List of owners within 350 ’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). PXo Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 1 Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicanl(s) if not current owner(s). 8. X Construction plan, if applicable (see staff for requirements). 9. /\*A As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true/^d correct to thp be^of his/her knowledge. Applicant's signature Date / OWNER’S signature : The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members fqqpurposes ^f investigation and verification of this request. — Date 7/^/4^Owner's signature Applicant must have all sdbmfittals into the City oHices 25 days betore the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building A Zoning Office of this change prior to the meeting. July 22, 1998 Description of Request We are requesting to build a greenhouse structure that would cover a portion of the existing plant sales lot (see plans). This would allow more shopping for our customers when the weather is uncomfortedDle. It also would provide better protection for the plant material resulting in a higher quality product and less product loss. The Structure would include 3 36'x 132' and 1 36'x 92' greenhouses connected by gutters. The shorter one of the four is set back further due to the existing canopy which will stay in place. Legal Owners Clifford L. Otten (a married person) A-J » A •i -V 1 •y.v.'.vv.\'.vv.v.v.*.'.\v.*.*.‘.*.v.'.*.*.‘.*.*.\v.‘>s • fe» / VIT ’ w.» wiy rrjyJi^JS^—--.i. ^ 'r — .!tai J!3TRlA L.:^r^j[* |-5L-VCH^^^»|w- mim ■ !—^ — r ” •1 PAfiK 1 %• s (18)(17)C6) £JlXS tl.W wrtysra 3 •9.r ST GEORuE (3) = J ’ -^r IIS (29) (O)I (») (55J \ - KSKSTliAi. If ark! _. / N iif. <4 f C4r |.* •• RUN DATE 06/15/98 BATCH 501 fROf ADDR OWNER NAME TAXPAYER NANE/ADDR SO 33-118-23 11 0003 00038 ADDRESS UNASS16NED ORONO PLAZA ORONO PLAZA C/0 REIERS60RD LAW OFFICE 9500 99TH ST W HPLS NN 55924 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST 38 39-118-23 22 0005 00701 DICKEY LAKE DR P t K PUGH PATRICK t KAREN PUGH 725 DICKEY LAKE DR LONG LAKE NN 55356 REPORT NO. PI935901 PAGE 1 38 39-118-23 22 0006 00725 DICKEY LAKE DR P P PUGH I K L HAGELEE P PATRICK I KAREN PUGH 725 DICKEY LAKE DR P LONG LAKE HN 55356 PROP ADOR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWIttR NAME TAXPAYER NANE/ADDR 38 39-118-23 22 0007 00735 DICKEY LAKE DR P 0 SK006 t S L SKOOG PAUL I SHERRY SKOOG 735 DICKEY LAKE DR LONG LAKE NN 55356 38 39-118-23 22 0016 00710 DICKEY LAKE DR J G WALVATNE IDF WALVATNE JOEL i DIANE WALVATNE 710 DICKEY LAKE DR ORONO NN 55356 38 39-118-23 22 0019 02350 WAYZATA BLVD W COL OTTEN CLIFFORD I LOUISE OTTEN BOX 299 LONG LAKE NN 55356 38 39-118-23 22 0017 02251 PINE RIDGE LA COL OTTEN CLIFFORD 0 LOUISE OTTEN P 0 BOX 299 LONG LAKE NN 55356 38 39-118-23 22 0015 00038 ADDRESS PENDING COL OTTEN CLIFFORD 0 LOUISE OTTEN BOX 299 LONG LAKE HN 55356 38 39-118-23 22 0018 00038 ADDRESS UNASSIGNED COL OTTEN CLIFFORD 0 LOUISE OTTEN BOX 299 LONG LAKE NN 55356 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 39-118-23 22 0020 00038 ADDRESS UNASSIGNED COL OTTEN CLIFFORD 0 LOUISE OTTEN BOX 299 LONG LAKE NN 55356 72 33-118-23 19 0025 00072 ADDRESS PENDING SYSTEM CAPITAL REAL PROP CRP SYSTEM CAPITAL REAL PROP CRP P 0 BOX 66207/ANF O'HARE CHICAGO IL 60666 72 33-118-23 19 0026 00072 ADDRESS PENDING SPEEDWAY SUPERANERICA LLC SPEEDWAY SUPERANERICA LLC C/0 PROPERTY TAX RECORDS 539 MAIN ST S FINDLAY OH 95890 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 72 39-118-23 23 0001 02399 WAYZATA BLVD W 6E0R6AYN C KRAMER 6E0RGAYN C KRAMER 299R SUMMER SET LA LONG LAKE MN 55356 72 34-11S-23 2S 0002 02365 MAYZATA BLVD M R E HAUGEN A D V PETERSON DARYL R CARLSON P 0 BOX 386 MAPLE PLAIN MN 55359 72 34-118-23 23 0003 02345 NAYZATA BLVD W R E HAUGEN t D V PETERSON DARYL R CARLSON P 0 BOX 386 MAPLE PLAIN MN 55359 PROP ADOR ONNER NAME TAXPAYER NAHE/AOOR 72 34-118-23 23 0023 02225 WAYZATA BLVD I PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 N WAYZATA BLVD LONG LAKE MN 55356 72 34-118-23 23 0044 00572 TAMARACK AVE 6E0RGAYN C KRAMER GEORGAYN C KRAMER 2990 SOMERSET LA LONG LAKE fOI 55356 72 34-118-23 23 0045 02325 WAYZATA BLVD W RICHARD R RUUD ET AL ELITE AUTO 2 RICHARD RUDD 2325 W WAYZATA BLVD LONG LAKE NN 55356 o I RUN DATE tA/lS/^B BATCH 5fl HENNEPIN COUNTY PROPEIITY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIA55AR1 PAGE 2 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 72 5A-118-2S 2S IBSA •2245 WAYZATA BLVO W CLIFFORD L OTTEN JOHN S SHELDON P 0 BOX 274 LONG LAKE MN 55354 72 34-118-23 23 8057 •2245 WAYZATA BLVD W CLIFORD L OTTEN CLIFORD L OTTEN P 0 BOX 244 LONG LAKE HN 55354 TOTAL BATCH 581 •••E^ I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEI DATE^l-M M oo- CM Hu bJ li. O O O in I I t M i % h S Ui <o U) »»J I s I I ]«-*5w: i! 0 1 ( i I I o f s I - k !i ^ •• «2 I^ II * l[ I % i I i I i;•« { 2 % J ll:rl| 4 it w I£ at c cc u- cOUJ C^cn = ^ « V. q: Z - . 20) oO 0 uQ^ J i=CQ < L y-rr c Ll.u. «*— PUJ j:Ph- S jlJI »)2 -0 tm-0 144 -U X -U KLIAIL AKtA -10 ’-6” TRUSS CLEARANCE VERTICAL POST SPACING: 3" x 3" SQUARE 12 ’-0" ON CENTER TRUSS SECTION: PUCED 12 ’-0" ON CENTER TRUSS SYSTEM: 2 1/2 ”, 2", 1.66” O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8 ” x 8 ” x 1/2 ” ANCHOR PLATE COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-REZNOR FE250 1 HORIZONTAL AIR FLOW: 20 - 12" HAF FANS * (4) 36'-0” X 12'-0 ” BI-FOLD DOORS 10 ‘-6" CLEAR OPENING (1) 24 ’-0 ” X 12'-0 ” BI-FOLD DOORS 8*-6 ” CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK EXIST] GREEN 1 « 144’-0 36’-0” FROM VIEW Hill Hill .•Hill .•Hill .iillll .till .iillllll I .Iillll 132’-0 SIDE VIEW F iiillHlIII milllill .mil .mill •iiiill ill i.iiiil i.iiill ...mil ...........................................................................................mi........ RIG SIDE VIEW REAR VIEW __J /.L, EXISTING GREENHOUSE r —-1 -------------144 -0 ”---------------- C ( W W V 1 ( 1 1 w H 1 i 1 1 C 1 ( 1 ( 3 C 1 t 1 1 1 Q— C--------1 1 ( 1 i 1 ( 1 f I ( « g 1 (1 p 1 1 (1 I 1 (1 c 1 () 1 ) (1 c 1 132 (1 (\ () I ) c 1 ( ( 1 (S (1 1 1 (1 * c c 1 c I ( S ( 1 1 1 1 3 1 »" 1 I ( ) c 3 C 1 1 1 1 c ---------------------108 ‘-0 ”--------------------- “0 ” VERTICAL POST LAYOUT NOTE:ALL DIMENSION ARE CENTER TO CENTER OF VERTICAL POSTS. OTT :n b :ROS DATE- 4-13-98 DV& • 44493-8 DRAWN BY- CJ SCALE- NONE CHECKED BY-REVISED DATE- i-M DATE SENT TD SHOP-SENT BY-REVISED BY- CMJ INCORPORATFD P.O. BOX 458 CASTLE ROCK. MN 55010 (800)852-3443 #2^04 VIEW RIGHT Slot F-s HEIGHT: WIDTH: 18’-6 ”/16 ’-6 ” 36 ’-0” ^ SIZE SHOWN: 132’-0” x 144’-0 ' X 40’-0” RETAIL AREA -8’-6 ” TRUSS CLEARANCE 144’-0” X 92’-0” RETAIL AREA -10’-6 ” TRUSS CLEARANCE VERTICAL POST SPACING: 3” x 3” SQUARE 12’-0” ON CENTER TRUSS SECTION: PUCED 12’-0” ON CENTER TRUSS SYSTEM: 2 1/2”, 2”. 1.66 ” O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8” x 8” x 1/2” ANCI COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-REZNOR FE250 1 HORIZONTAL AIR FLOW: 20 - 12” HAF FANS (4) 36 ’-0” X 12’-0” BI-FOLD DOORS 10’-6 ” CLEAR OPENING (1) 24’-0” X 12’-0” BI-FOLD DOORS 8’-6 ” CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK OTTEN BROTHERS ~ 7-07-98 REAR VIEW - Denotes Sliding Door 144*-0” -•'"'-I Glass Store Front 108*-0 ”----B--------IIIIII____a________111 ---------O----------B----------1 ) ( 1 --------e --------a--------a ) Cl () 1 ) C I Cl C3 (3 C 1 "% n c 3 C 1 c. n c 3 [1 Cl () c 3 C 3 Cl Cl c 3 C 1 Cl « m <t (1 c 3 (1 "1 3 (Ic. I Power " Door ‘3 (I Cl 1■ (11 ----------Q----------P 1 loan 132- VERTICAL POST LAYOUT \ '. J 4 . \ •> I .J73' .j 2LJ / /V /■ > H■JJL 21 i CITY ORONO y City of OEtOIVO RESOLUTION OF THE CITY COUNCIL 2692NO. A RESOLUTION APPROVING THE GENERAL CONCEPT STAGE OP A PUD REZONING APPLICATION THAT INCLUDES A PRELIMINARY SUBDIVISION, VACATION AND COMMERCIAL SITE PLAN REVIEW FILE NO. 1428 WHEREAS, Clifford Otten of Otten Brothers Nursery and Landscaping (hereinafter "the applicant") on June 23, 1989 a formal Planned Unit Development rezoning application with the City consisting of a two-lot commercial and residential lot line rearrangement subdivision, partial vacation of Pine Ridge Lane and drainage and utility easements within the Ringerswood plat, and a commercial site plan review for proposed Lot 1 of the commercial subdivision, of the properties legally described as Lots 1 and 2, Block 3, Ringerswood and Outlot A, Ringerswood, Hennepin County, Minnesota (hereinafter "the p operty"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on August 21, 1989 at which times all persons desiring to be heard concerning this comprehensive application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 11, 1989 the Orono City Council considered the application ® Planned Unit Development rezoning consisting of a subdivision, vacation and commercial site pirn review, noting the following findings of fact: 1. The property is located within an area ad3acent to Highway 12 that would be permitted special land use considerations per the directives of Comprehensive Plan Amendment No. 2 and under Sections 10.52 and 10.53 of the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor Study Area", the application has been found to satisfy the standards set forth as follows: A) The total area of the proposed commercial portion of the Planned Unit Development consists of approximately 13 acres. The rezoning standards would require a minimum of 5 acres for consideration. Page 1 of 7 G I CITY I OF I ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692 he proposed plan satisfies the objectives of the Transportation Plan of Comprehensive Plan Amendment No. 2 as applicant has provided dedication of access for Highway 12 and a road outlot to serve as an east/west frontage road. C) Municipal sanitary sewer and water has been ordered- to serve the property. D) Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage and as a requirement of the final development stage of the PUD rezoning. E) The PUD zoning and format of development is preferred within the Highway 12 Corridor. F) The exterior of commercial building proposed for Lot 1 of the commercial subdivision shall be of a combination of tan and dark brown concrete blocks with split^face stone finish with trim of dark brown and green to match annodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors. G) Applicant shall enter into a Development Agreement with the City to specify timing of all improvements associated with the development and developer's financial commitments related to those improvements. 3. The residential portion of the subdivision application involves a lot line rearrangement of existing residential lots. Each of the newly rearranged lots satisfies the area and lot width standards finding that each lot can continue to be used for residential use and future construction without the need of further variances. 4. The proposed vacation of Pine Ridge Lane is consistent with the directives of Comprehensive Plan Amendment No. 2 as the applicant has dedicated a road outlot through the commercial portion of the property for an east/west frontage road. Page 2 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692_________ ^^S^^ol^proposed vacation of existing drainage and utility easements within existing Lots 1 and 2, Block 3, 5”°° is acceptable as new drainage and utilxty easements will be dedicated along newly created lot lines of the residential ^ _ A ___lots. 6. The commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 z<^ing district. Per the directives of Comprehensive Amendment No. 2, B-6 zoning standards shall be for all commercial development within the Highway 12 Corridor. MOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council o e City of Orono hereby approves the general concept stage of the Comprehensive Planned Unit Development rezoning application for Clifford Otten of Otten Brothers Nursery and Landscaping P®^ the survey entitled "Preliminary Plat", t McCombs Frank Roos Associates Inc., subject to the following conditions : 1. Outlet C shall be realigned along the southern border of Lot 1 to straighten out the curving of the roadway. 2. Final adjustment of lot line rearrangement of Lots 1 and 2. Block 3, Ringerswood to be finalized sub3ect to t approval of the zoning staff of the City of Orono. 3. The final plan must locate the eastern portion of east/west frontage road (Outlet D, Sugars Wood) to confirm alignment with Outlet C of current subdivision. 4. Submit new legal descriptions for commercial portion of property to be rezoned to PUD with underlying B-6 zoning and redefined southern boundary of RR-IB residential zoning district - subject to review and approval by Orono. 5. If temporary (ingress only) access is approved off of Highway 12, applicant is to submit wn't-ten permit f MnDot . In addition, applicant's commercial site Plan is to be anended to confirm location of curb cut app Y MnDot . ? Page 3 of 7 ffifofe.! City of OROIXO RESOLUTION OF THE CITY COUNCIL NO.2692 >jflLS£JLiia 1 approval by Minnehaha Creek Watershed District of all grading and drainage plans for the PUD development. Applicant shall prepare for formal application to the MCWD providing design storm sewer calculations for ponding areas# grading and drainage and soil erosion plans. Applicant shall provide all information prepared for the MCWD to the City offices as soon as these plans and specifications are complete for the City's review. 7. Septic testing for residential lots is required as original test sites have been negated with the rearrangement of lot lines. Final approval of plat and development stage shall be delayed until septic testing can confirm there is adequate area within the newly rearranged lots to satisfy septic code. — 25' of Pine Ridge Lane that abutts north lot line of Lot 1# Block 3, Ringerswood shall not be approved for vacation by City, but shall remain as an access corridor to Lot 2, Block 3, Ringerswood via Dickey Lake Drive. All, access to \ . residential lots via Highway 12 shall be discontinue d with^^ fche approval ot mis and PUD rezoning. 9. The City to approve vacation of drainage easements’^^^jf'"^ >-Conservation and Flowage Easement over said wetland arei In exchange for the redesignation of drainage easements over newly defined detention areas within the commercial portion of the subdivision. The City to acquire drainage easements over said detention ponds and drainageways within the subdivision. Detention ponds are to be defined as drainage easements on the plat. The width of drainage easements^ shall be established by the City Engineer prior to plat approval. 10. The commercial site plan must reflect the following changes: A) All private driveways must be of a 30' minimum tL^cn width where lane also serves as a fire lane. — / ■" t t Lo>u^ ^ ^B) Landscaping plan - location, type and size ofaping plan plantings. C) Detailed lighting plan - type and location.f Page 4 of 7 City of OROINO RESOLUTION OF THE CITY COUNCIL NO.2692 otal signage plan. Conditions noted above and the submittals must be submitted as part of the final stage of the PUD rezoning application and must the zoning Administrator 30 days prior Council meeting held on the second and fourth Mondays of each month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing o a) Lot lines platted per survey by McCombs Associates, Inc. and if amended revised approved by City staff final to surveyor preparing final plan. b) Dedication of "drainage and easements" ID- wide along all perimeter property lines and 5 each side of internal property lines. c) Designation and dedication of drainage easements over all drainage ways and detention ponds within the plat. d) Define open space/buffer area /®®\^®^Q^be property, east/west frontage road and property to be deeded to City to house municipal well as outlets. e) Show alignment with Outlet D of Sugar Woods along east side of plat. f) Dedicate additional right-of-ways for adjacent public roadways as follows: i. 7' additional right-of-way for Willow Drive; ii. 10' additional right-of-way for Highway 12. g) Name of subdivision. s Page 5 of 7 mm KORONO. City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2692 DOCUMENTS required: ^ J a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other docxments affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easements over detention areas and drainageways within the plat (see saunple enclosed). d) Executed road and utility easement over east/west frontage road, Outlot C (see easement enclosed). e) Executed Development Agreement by applicant and City. Development Agreement shall identify timing of all of the required improvements associated with the development and developer's financial commitment related to these improvements. A final development plan shall be attached to this agreement locating all structures, driveways, landscaping, define use of each area within proposed structure, areas devoted to open space defined in square footage, par)cing area, define area to be used within Lot 2 for temporary use by landscape operation. No signage shall be allowed on Lot 2, only on Lot 1 where the principal use is defined. A Letter of Credit shall be submitted with the Developer's Agreement for all improvements not completed by final approval of the development stage of the PUD. The Letter of Credit shall be made out to the amount of 150% of the cost of the improvements yet to be completed. C. DETAILED SITE PLAN suitable for recording showing the physical layout of easements, rights-of-way, utility lines and facilities, lots, blocics, public and common open space, general landscaping plan, and structure. D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha Creek Watershed Dist ict and the Orono City Engineer. Page 6 of 7 E-^it^BEES TO BE PAID: Total Due $6>050.00 a) Park dedication fee per current schedule: $500 per acre = $6,500.00 b) Final plat fee * $150.00 c) Legal review and filing fees of $300.00 (Total due $6,950.00 less overpayment of $900.00 paid with original application fees for road) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of September, 1989. Qj City of OROTVO RESOLUTION OF THE CITY COUNCIL NO. 2692________ ATTEST: James^. Grabek,'^ayor i^othy MCiHallin, City Clerk STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behal of the City, llUUL.k I Notary Publ LAURIE n ICHEFFLER not An NMI iC - MINNISOIA .V H£KNEPIN COUNTY My commiiiion txplrtf 6-S-93 My Commission Expires Page 7 of 7 1 M m ’.V • Q5QNa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794_________ A RESOLUTION APPROVING THE PLAT OP EAST WILLOW WOODS FILE NO. 1428 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a plat by Clifford L. Otten (hereinafter "the subdivider"); and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Planned Unit Development Agreement for the City Council's consideration and final execution, said agreement sets forth the terms and conditions of the PUD rezoning (hereinafter referred to as "PUD-1"), said agreement shall govern if there is a conflict with other documents created with the Implementation of Application #1428; and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Developer's Agreement providing for the installation of certain improvements as a condition of commercial site plan approval for the comprehensive garden center use; and WHEREAS, the subdivider has submitted an executed Sewer and Water Agreement for the Council's consideration and final execution that sets forth the allotment of current and future sewer and water units to the subdivider and a schedule for their payment and agreement to sell Out lot B to the City of Orono for a future municipal well and pump house site; and WHEREAS, the subdivider has submitted an executed road and utility easement over Outlot C, the future east/west frontage road that limits construction of said road until either one or more of the four following conditions are realized: 1. Until such time as the developer, his heirs, successors or assigns, request same; or Page 1 of 5 city of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2794_________ ^ntil such time as an east/west frontage road is constructed from Willow Drive through East Willow Woods and Sugar Woods to Brown Road with onr 'outherly extension from Sugar Woods to Highway 12, and ar-o*, er southerly extension to Highway 12 to line up with Brim^aK Lane; or 3. Upon the rezoning of Lot 1 and/or Lot 2, Block 2, East Willow Woods, to a commercial zoning district; or 4. Upon the development of Lot 2, Block 1, East Willow Woods, separate from the ownership or uses of Lot 1, Block 1, East Willow Woods wherein access to Lot 2 shall be via Outlot C unless the City, in its sole discreation, determines that alternate access is adequate for said Lot 2. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all platting requirements of Resolution #2692. 2. Dedication on the plat of right-of-way for a public road shown as Willow Drive. 3. Dedication on the plat of Drainage and Utility Easements. 4. Creation of four outlots for the following purposes; Outlot A is designated as an open space area to serve as a drainage/detention area and as an area providing a landscape buffer to residential properties to north. The subdivider has granted separate drainage easements over this drainage area. Outlot B is designated for a municipal well site and pump house and to be owned by the City of Orono upon sale by subdivider. Outlot C is created as a future east/west frontage road. Outlot D is set aside for additional right-of-way for Highway 12 for future acquisition by the Minnesota Department of Transportation. Page 2 of 5 1 “4 KORONCB City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2794_________ mm owncurrent with the creation of Outlot Cf the future east/west road/ the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot. Other limitations specified with the granting of this easement have been noted above. 6. The Minnehaha Creek Watershed District (permit #89-182) granted approval of grading, drainage and erosion control plans by McCombs Frank Roos and Associates on 11/14/89. 7. Approval of septic testing for residential Lots 1 and 2, Block 2, East Willow Woods, confirming that the newly configured lots each have adequate area for on-site septic development as follows: Lot 1, Block 2 - tested sites for principal and alternate. Lot 2 — existing principal system is satisfactory. Alternate septic testing confirms adequate area for on site sewage treatment system. 8. The Orono staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and indentify them as part of the official record for the East Willow Woods subdivision and PUD Mo. 1: A) Approval of commercial site plan with internal signage by Kilstofte Associates Inc. Architects dated 4/5/90. B) Approval of grading, drainage and soil erosion control plan by McCombs Frank Roos Assocates date 11/15/89, printed 4/6/90. C) Acceptance of elevations of main building/accessory building by Kilstofte Associates Inc. Architects printed 1/4/90. D) Approval of landscape plans by Otten Brothers Nursery dated 6/23/89. E) Approval of signage plans by Kilstofte Associates Inc. Outlets printed 4/5/90. Page 3 of 5 'Ms fey V V- -City of OROIVO RESOLUTION OF THE CITY COUNCIL Mn 2794 a Park Dedication Fee in the amount of $6,500.00. 10. Payment to the City for the legal review and filing of the plat agreements, easements and covenants in the amount of $300.00. 11. Payment of the final plat fee in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of East Willow Woods, Hennepin County, Minnesota; subject to the following condition: 1. Upon the final approval and execution of the resolution approving the plat of East Willow Woods, the Council of the City of Orono shall formally approve an ordinance amending the official zoning map of the City to now include a Planned Unit Development (hereinafter referred to as "PUD-1") for the lands now referred to as Lots 1 and 2, Block 1 and Outlets A, B, C and D, East Willow Woods, Hennepin County, Minnesota. 2. Upon the execution of the final plat of East Willow Woods, the City Council of Orono shall direct its Mayor and Clerk to execute other documents required by this subdivision and PUD rezoning, included but not limited to the following: Planned Unit Development Agreement, Developer's Agreement and Sewer & Water Agreement. The Orono City staff shall determine which of these documents shall be filed against the chain of title of the appropriate properties. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Title's Office on or before October 23, 1990 together with a certified original copy of this Resolution and executed copies of the agree ments, easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 4 of 5 l-_ • • iTi?r7ciTvj:e City of OROINO IdRQNa RESOLUTION OF THE CITY COUNCIL NO.2794 ed this 23rd day of April, 1990 AT' fEST: orothy Hallin, City Cle:Jamks R. GrabekT^ayor STATE OfNiINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990, by James R. Grabek 6 Dorothy M, Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ©THERESA L NAAB notary pusuc - Minnesota 1 HENNEPIN COUNTY 9'i^ My Commission Expxres Page 5 of S -jo*' city of Orono Document Form Revised 10/87 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA c • •« • r •*!T |r^ jJT-,• jir• ^ PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR fast Willow Woods (Name of Development)NOV 1 9 1990 Clifford L. Otten (Name of Developer) THIS AGREEMENT, Made and entered into this 23rd day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called ^City"), and Clifford Otten, his heirs, successors and assigns (hereinafter called ''Developer*'). WITNESSETH WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) and resolution no. 2692 of the City that granted preliminary approval of PUD, subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for conformance with the City's Planned Unit Development ordinance (PUD), all on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.Property Description: Lots 1 and 2, Bloc)c 1, and Outlots A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sometimes herein referred to as the "Property"). 2.Zoning: The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. The Property may be hereinafter referred to as PUD-1. 3.Permitted Uses: The buildings and the signs shown on the site plan attached for which the Developer has requested Page 1 of 6 Initials of Developer Initials of City ClerlT^g^jJ^ 4. building permits are to be constructed only on Lot 1. The first floor of the main building, including its greenhouse portion, has approximately 24,644 square feet of space with the Developer initially proposing to use approximately 14,244 square feet for his business, leaving approximately 9,600 square feet of rental space. The second floor of the main building has approximately 9,600 square feet of space, of which the developer will use approximately 5,040 for his own business, leaving approximately 4,560 of rental space. The storage building, including covered storage, has approximately 7,200 square feet of space. The production greenhouses (approximately 4,920 square feet) are also shown on the site plan attached. The Developer's uses of Lot 1 specifically include sales, service and rental uses for a landscape and garden business, including yard and garden equipment, and supportive and related uses. The permitted uses of Lot 1 include the Developer's above described specific uses, the zoning district B-6 permitted uses, and the zoning district B-1 permitted uses except arts and school supplies stores, barber and beauty shops, books, magazines, record shops, drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise, dry cleaning and laundry pick-up stations including incidental pressing and repair, jewelry shops and repair, laundromats, music, newsstands, pipe and tobacco shops, retail foods, tailor shop, and wearing apparel, other uses may be allowed subject to an amendment of this PUD. Lot 2 may be used for the storage of plant, garden and landscape related supplies and materials in conjunction with the Developer's use of Lot 1. Lot 2 may also be used for zoning district B-6 permitted uses. In conjunction with Lot 1 use and under same ownership. Lot 2 may be improved with structures subject to City issuance of a conditional use permit and commercial site plan approval so long as such structures are built of the same materials and of the same quality as the developer's structures on Lot 1 and so long as such structures are greenhouses which are auxiliary to the Developer's business on Lot 1. Such conditional use permit shall require appropriate screening of the structures from Highway 12. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD Agreement. The foregoing uses are permitted pursuant to this PUD Agreement. Site Access: The present access to Lot 1 is via Highway 12 and Willow Drive. For the purposes of this PUD Lot 2 may only be accessed through Lot 1 and the ingress only access via Highway 12 and only so long as Lot 2 is owned Page 2 of 6 Initials of Developer - Initials of City Clerk~^^y^^^ 5. 6. 7. and used by the owner of Lot 1 as part of the landscape and garden business on Lot !• For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from the road will not take into account the presence of the existing Willow Drive access; the City egrees that the construction of the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lots 1 and 2 is approved as part of the PUD for ingress only. In its sole discretion the Orono city council by a three member vote jnay approve the right of egress but only upon the request of the owner of Lot 1. If Lot 2 ceases to be owned and used by the owner of Lot 1 in conjunction with the use of Lot 1 or is developed independently, then Lot 2 shall be obligated to develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Building Design and Construction: The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained.^ ^11 accessory structures shall be of the same exterior finish and gxterior colors as shown on elevation plans attached to this agreement. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot 1, such structures on Lot 2 shall be constructed of the same materials and of the same quality as those on Lot 1. Height: The portions of the flat roof are at a height of 30^ or loss* Tho two story portion of the building witn the gabled roof is 32'6'^ to the peak, 21'8^ to the eave, and 27' to the mid-point. The height of this building to the peak not to exceed 32'6" is permitted pursuant to this PUD Agreement. Signs: The signs and signage in said Lot 1 shall conform to the Sign Plans (4 pages) dated April 5, 1990 on file with the City and are permitted pursuant to this PUD Agreement. In consideration of the fact that the said sign plans permit Developer's pylon sign to be closer to Page 3 of 6 Initials of Developer Initials of City Clerk 8. 9. 10. Willow Road than is otherwise permitted by ordinance. Developer agrees to relocate such sign at any time that either Willow Road is upgraded and such road upgrading in the opinion of the City makes the said pylon sign location a hazard, or prevents normal and customary road maintenance. Compliancez At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance, or other matters. To the extent that there be any bona fida defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be olaced of record so as to give notice hereof to subsequant purchasers and encumbrancers of all or any part of the property. Notices; Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. 11. 12. Notice to City City of Orono Clerk/Administrator P. O. Box 66 Crystal Bay, MN 55323 Notice to Developer Clifford L. Otten P. O. Box 249 Long Lake, MN 55356 Incorporation bv Reference; All plans, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. Disclaimer bv City; It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors. Initials of Developer Initials of City Clerk^ Page 4 of 6 13. subcontractorsj materialiusni laborers« or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the improvements. Hold Harmless and Indemnification; The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default; Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the city and the developer, this Planned Unit Development Agreement shall control. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. 14. 15. In Presence of;CITY OF ORONO .• ♦ ^ -By; ^ U J. U' '• C'f ‘‘ ■ / • * / THERESA L. NAAB NOTARY PUOUC • MINNESOTA HENNEPIN COUNTY My commiMlon •xpiras M-92 ~yr)-/uLj2L Page 5 of 6 Initials of Developer Initials of City Clerk^^^^y: ^ty Official) ^ ^to«i • i,u'THIS INSTRUMENT V/AS DRAFTEO BY(I cry CP n^<^)n_____ r>g. uu — cA'i-ri^ }^ ><m) 3^5 (name and address) STATE OF MINNESOTA) ) S3 COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 23rd day of April* 1990 by Clifford L. Otten t SANDRA K. RODENZ ; > ^ NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY < My Commlnion EapIrM S«pL 2S. 1M1J; M9tiS€»M*CC«*****ft*i*******t' jJz tf r/(/^ /A' 41 y% Notary Public ^ ^ STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990 by James R. Grabek, Mayor, and Dorothy M. Hallin, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corpora^ “HEHHSm coumv lly ooiwniMto*' wi*** /..a- Notary PublTc •^"■Sissa ocr Page 6 uf 6 Initials of Developer Initials of City ORONOOTTEK PUD AGREEKENT TNDEX Plat Of East Willow Woods B-6 zoning standards Plans: fwith internal signage) dated 4/5/90 teSdingt Driinage & Soil Erosion Control Plan printed 4/6/90 Slope Analysis printed 4/6/90 M2vS?SSs"?”Min”ui?ding/accesso^ building plans 1/4/90 Road and Utilities Easement over Outlet C 4 7 ) D 0 10.45 SECTION 10.45 B-« B3CEWA1 COHKEKIAL DISTRICT Subd. 1. Purpose. The purpose of the B-6 Bigtway CoBBerclsl District is to provide a coEsiercisl district specifieslly tailored to accomplish \be cosatercial developaent objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. AH applicants for a building permit in any "B-C* Highway Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Hithin any "B-6* Highway Business District, no structure or land shall be used escept for one of the following uses or uses deeaed similar by the Council. e A. Offices (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. E. Restaurants (Class 1). Subd. 4, Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mised use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Conditional Use ■ A. Within any 'B-e* Highway Business District, no structure or land shall be used for one of the following uses ezcept by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition. S»ba. 5. Accsory U»es. "itbin »ny •B-6* Bisbv.y / 10.45 Business District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-l* Business District. Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. The following minimum requirements shall be observed subject to additional requirements and exceptions contained in Section 10.52 of this Title. » i>r . A. Lot Area B. Lot Width two acres 100 ft. C. Setback - Principal Structure Front 30 (35)ft Side Interior 10 (35)ft Side Street 30 (35)ft Rear 30 (35)ft Setback - Accessory Structure Front 30 (35)ft Side Interior 10 (35)ft Side Street 30 (35)ft Rear 30 (35)ft Setback - Parking Front 15 (20)f Side Interior 5 (10)f Street Side 10 (15)f Rear 10 (10)f Setbacks in parentheses apply adjacent to all residential districts. *30 (35) feet or 1 1/2 times the building height whichever is greater in determining front setbacks for principal and accessory structure only. r. Drainage. No land shall be developed and no use 351-2 i w. ■ »C • 4. < 10.45 •• <* < 'v* • • • • *>5^ .hill be permitted th»t t. ult» In -eter roneff eeuslnj floesJe, etoilon, or deposlti on edjecent properties. Site end dteinepe City Enginter befoi« •ubmiifion to th® Pltnning CoaaisBion and council cor approval. Such runoff .ay ba required to channeled into a natural water courae, ponding area, ator. drain or other public facllltlea. Any change In grade affecting water runoff whether onto adjacent property or otherwise auat be In co.pllance with the Surface Water Manageaent Plan conalatent with other applicable regulationa or City Code provlalona and aubject to the approval of other agencies having juriadlctlon over the area affected by the drainage. G. Height. Wo atructure or building ahall erceed 2-1/2 Stories or thirty feet In height eicept as provided in Section 10.75. H. At least twenty five percent (25%) of the land area Shall be landscaped with grass, approved ground cover, shrubbery and trees. At least three percent (3%) of the land area wlthxn a parking area shall bo landscaped. The tollovlnp Blniaum .1*.* .hall be requited at the tine of plantingi 2-1/2 Inches in diaoeter 1-1/2 inches in diameter € feet tall 5 gallons overstory Deciduous Trees Ornanental Trees coniferous Trees Major Shrub Plantings * V totally ect.en.d from ey.-l.v.l eiee fro. public etraata end adjacant t.sldenti.l propertiea. If acc.s.oty proposed, they ah.ll be cor.atrueted of the »“* ea the ptlnclpel atructure end be taedlly served throog ev 9 doora. J, Csrigei, acctaeory structurea, screen valla »•• 10.45 eipoBed areAt of sttainlng walls shall bo of similar type# quality and appearance as the principal structure. K. The ground level view of all mechanical utilities ■hall be completely ■ccaenad from contiguous properties and adjacent streets, or designed to be compatible with the architectural treatment of the principal structure. L. External loading and service arees must be completely screened from the ground level view from contiguous residential or commercial properties end edjeeent streets, except at accasa points* M* The light from sutomoblle headlights and other sources shell be screened whenever it may be directed onto adjacent residential windows. I I i 3S1-4 ; L •• • ijji. •i:5tU\ti . •» . I * i^- •|I‘Jm. fi!?i:U: I « % % t . • *• o ? ^ 3 S J X- ‘‘I5 ® s >n S 38 5 *5< ^2 2 o;| ^t\Hi-ii ili :i iliili \l\l•I h!Ill !'!lp>'Ui ........... .....U {•'r, .., V . \ • •« • * • • •• • f • ••• ( < • • — ill •• • •• ••' • • • • *• - • * * • • • • • .• •:•• , • * • ^ A : •. • •• • • . v» • • • • • •. ___ • / • •• • •; ^ • • t V - • * * • .* .* I *. :» ^ '‘j-- rjL\ '.If V '•/ •! • v.; ... • • . . t mI !5 • ' I I ^ n aUi o ^L*J .i i t c> • ^ • * • n.irio'A::». VI )fir» V. % 0 ’ • a ■» » •" • •..• •.« • • • t •* • •• •• • * • ■..•:• .-I.• •*•• *. * I* # V • • . * .• • • • • • • • I t -V •. ... • • ... ••.. / • . • • I ' I I:* rjL...', ‘ — ------;—-------- • - •-■•-- » ■. - ' * >V'f*;* V" *!•’*>■‘‘1 -• ?1 # • 1^,%•*; » • " • • ; , . •• 'V**-• -3AIIM f\anii/v • •• I V • •, I • ^ A *• ;.*•.• V • • • .* . * . .:h-. '• • •• t •RiJ ROAD AND DTIUTIBS RASEMBHT THIS niDENTDRB, April aade 19 this day of between» >> on t by And Often, tiusbsnd and wife nereinait©iT n.-fford L. Qtten and.lou^Sg -r * tnnnifioalreferred to " GrSntolis) •. and tht City ot Orono. e municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee"# Kinn;.rj;,7,r asBicms an easement for for public ingress# egress« accessr road and utilities purposes and uses, on, across and under the land in the County of Bennepin and State of Minnesota, as follows: See Exhibit A attached Including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, ;p«2w%nd repaVr a'^wnitary sewer interceptor, Ijft or line, a water main or line, gravel or paved road ^ Improvement), and the Cryitee shall ^ ;nitau"auln?»in%\"n%^^^^^^^^ repair of the Improv«sent. in addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO BOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein herein described are free and clear of all encumbr-nces except. . IB WITNESSHEERBOF, said Grantor(s) have set their handle) on the day and year first above written. 'Clifford L. Otten Louise Wakefield Otten STATE OP MINNESOTA ) ) 66. COUNTY OP HENNEPIN ) On this day of iAbxJH » 19 before ne personally appeared Clifford L. Otten and Louise- Wakefield Otten.husband & wife to me known to be the person(s) described in and who signed the foregoing instrument, and acknowledged that they executed same as their free act and deed. IS NOTARY PUBLIC STATE DEED TAX DUE HEREON: This Instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN <• DOTY 4344 IDS Center Minneapolis, KN 55402 (612) 335-9331 EXHIBIT A Outlet C, East Willow Woods, subject to the restriction that no road shall be constructed thereon until: 1. such tine as the Grantor, his heirs, successors or assigns, requests sane, or line up with Brimhall Lane, or 3. upon the rezoning of Lots 1 and 2, Block 2, East Ijillow Woods to a connercial zoning district, or 4. upon the developnent of Lot 2, Block 1, E^^t Willow unless the City in its sole discretion detemines that alternative access is adequate for said lot 2. At such tine as a road is constructed on outlot C, Outlet C nay also be used for trail purposes. If and to the extent that all or any part of vacated, such vacated portion shall inure to the adjacent portions of Lots 1 and 2, Block 1, East Willow Wood , and not to the lands lying northerly of Outlot C. I I § 10.45 1 I 1 I ! 1 1 I ] I I 1 1 SBCTION 10.45 B-6 HIGHWAY COMMERCIAL DISTRICT Subd. 1. Purpose. The purpose of the B-6 Highway Commercial District is to provide a commercxal district specifically tailored to accomplish the commercial development objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. All applicants for a building permit in any "B-6" Highway Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-6" Highway Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council. A. Offices (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. E. Restaurants (Class I). Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include co^ercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Conditional Use A, Within any "B—6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition._ _ _ _ _ _ Subd. 5. Accessory Uses. Within any Business District, the following uses sha3yl be permitted accessory uses: A. Any accessory use Business District. regulated in the "B-1" ORONO CC 351-1 Ordinance 67, 2nd Series Adopted: 5-8-89 3 I 1 § 10.45 Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. The following minimum requirements snail be observed subject to additional requirements and exceptions contained in Section 10.52 of this Title. Lot Area two acres Lot Width 100 ft. Setback - Principal Structure Front 30 (35)ft. Side Interior 10 (35)ft. Side Street 30 (35)ft. Rear 30 (35)ft. Setback - Accessory Structure Front 30 (35)ft. Side Interior 10 (35)ft. Side Street 30 (35)ft. Rear 30•(35)ft. Setback - Parking Front 15 (20)ft Side Interior 5 (10)ft Street Side 10 (15)ft Rear 10 (10)ft Setbacks in parentheses apply adjacent to all residential districts. *30 (35) feet or 1 1/2 times the building height whichever is greater in determining front setbacks for principal and accessory structure only. P. Drainage. No land shall be developed and no use shall be permic.^u that results in water runoff causing^ floods, erosion, or deposits on adjacent properties. Site and drainage be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commxssion and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runof whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent wit other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. ORONO CC 351-2 Ordinance 67, 2nd Series Adopted: 5-8-89 I I I I I I I I I f: I I I I I I I I It i § 10.45 I ! I G. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. H. At least twenty five percent (25%) of the land area shall be landscaped with grass# approved ground cover# shrubbery and trees. At least three percent (3%) of the land area within a parking area shall be landscaped. The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees Ornamental Trees Coniferous Trees Major Shrub Plantings 2-1/2 inches in diameter 1-1/2 inches in diameter 6 feet tall 5 gallons I. All trash and trash handling equipment shall be stored within the principal structure# within an attached structure accessible from within the principal structure# or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed# they shall be constructed of the same building material as the principal structure and be readily served through swinging doors. J. Garages# accessory structures# screen walls and exposed areas of retaining walls shall be of similar type# quality and appearance as the principal structure. K. The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets# or designed to be compatible with the architectural treatment of the principal structure. L. External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets# except at access points. M. The light from automobi.’e headlights and other sources shall be screened whenever it may be directed onto adjacent .•residential windows. I I i ORONO CC 351-3 Ordinance €7 # 2nd Series Adopted: 5-8-89 1 ORDINANCE NO. 152 . SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40, 10.44 AND 10.45 OF THE ORONO ZONING CODE BY ADDING, DELETING OR AMENDING CERTAIN PERNOTTED OR CONDITIONAL USES WITHIN THE B-1 RETAIL SALES BUSINESS DISTRICT, THE B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT AND THE B^ HIGHWAY COMMERCIAL DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.40, Subdivision 3(A) is hereby amended by adding the following use to the list of permitted uses in the B-1 Retail Sales Business District: '32. Home and garden equipment rental.' Section 2. Municipal 2U)ning Code Section 10.44, Subdivision 4 (A) is hereby amended by deleting the following use from the list of conditional uses allowed within the B-5 Limited Nei^borhood Business District: '6. Home and garden equipment rental." Section 3. Municipal Zoning Code Section 10.45, Subdivision 3 is hereby amended by deleting the following use from the list of permitted uses within the B-6 Highway Commercial District: "E. Restaurants (Class I)." Section 4. Municipal Zoning Code Section 10.45, Subdivision 4 is hereby deleted and the following language substituted in its place: "Subd. 4. Relationship with Chapter 10.53 Planned Unit Development Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district Subd. 4.1 Conditional Uses. '«■ A. Within any "B-6” Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Restaurants (Class !)• 2. The following uses when such use includes a drive-thru condition: a. Ofrices (business and professional). b. Banks and financial institutions. c. Libraries. d. Motels and hotels." Section 5. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 28th day of October, 1996 by a vote of _5 _^ayes and o rays. ATTEST: Dorothv M/Halwn. Citv Clerk Edward J. Callnharv/jr.. Mavor ! 1 I 1 1 i 3 I 1 I I 1 1 I S 10.61 p. Restaurants, Cafes, Bars, Taverns, lUght Clubs. At least one\for each 80 sauare foet of public floor aoea. \q. Furniture Store, Appliance Store, Warehouse Under 15,000 Sahare Feet of Floor Area, Auto SaJ#^s, Grainhouses, Kennels and StuSios. At least one parking ap^ce for each 500 square feet in excess of the first 500 square.f%et of floor area in the principal structure R. A^tp Repai r-Ma jo;?^^ Bus Terminals, Taxi Terminals, Boat and Maririe Sales and^^^ervice. Bottling Companies, Shoo for Trade (eraployNig six ppdple or less),^ Garden Supply Stores, Building Material^ SaL«. At least eight off-street parking spaces, plus one additibrnal space for each 800 square feet of floor area over 1,000 including warehousing and all outside sales and storaae^^rea related to the sales and service functions. S. Skiing Rinks, ^S^i Areas, Dance Hall, Public Auction House, and/^milar Recreational Uses. At le'.st fifteen off-street parking^spaces^ plus one aa^^tional space for each ^00 square feet of i^ioor area over 1,000 square feet. T. Manufacturing, Fabricac'Lon or Processing of a Product oryfiaterial. At least four off-streeKparking spaces, plus one addL<^onal space for each 800 square feeos^of building. One additional off-street parking space shall be for each 2,50Q/square feet or fraction thereof of land devp^ed to outside St( Subd. 11. Application of Loading Rules to All Districts. The regulations and requirements regarding off-street loading and unloading shall apply to the required and non-required loading and unloading facilities in all the districts. If, in the applica io.» of these requirements, a fractional number is obtained, one loading soace shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one half. Subd. 12. Location of Loading Berths. All loading berths shall be 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not occupy any yard requirement bordering a street. Subd. 13. Size of Loading Berths. Unless otherwise specified the 'first berth required shall not be less in width, and 25 feet in length. Additional berths shaH be as specified, but not less than 12 feet in width and 25 feet in length, all loading berths shall maintain a height of 14 feet or more. Subd 14 Access to Loading Berths. Each loading berth shall be located with appcopciate means o£ access to public street or alley in a manner which will least interfere with traffic. ORONO CC 387 (4-1-84) S 10.61 Subd. 15. Surfacing of Loading Berths. All loading berths and accessways shall be improved with a durable material. Subd. 16. Storage Prohibited. Any area allocated as a required loading berth or access drive so as to comply with the terms hereof, shall not be used for the storage of goods, inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area. Subd. 17. Required Loading Berths. Where the principal use of the structure served is as listed, the minimum number of loading berths shall be as shown. A. Auditoriums, Convention Hall, Public Building, Hospital, School, hotel. Sports Arena. At least one loading berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area. For buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. B. Retail Sales and Service Stores, Offices. At least one loading berth 25 feet in length for each building having 6.000 square feet of floor area or more plus one additional loading berth 50 feet in length for buildings over 25,000 square feet up to 100.000 square feet. C. Manufacturing, Fabrication, Processing and Warehousing. At least one loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof plus one loading berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet plus one loading berth for each 50,000 square feet of floor area over the,first 100,000 square feet of floor area. The ^operator of the business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that one-half or more of the total number of berths required shall be 50 feet in length. D. Other. There shall be provided adequate off- street loading space in connection with all structures which require receipt or distribution of materials by vehicles. Subd. 18. Gas Stations. Motor fuel stations in all districts shall be subject to the following performance standards; A. Fencing. A fence, wall or landscaping of acce*r>table design not over six feet in height or less than five feet shall be constructed along the property line when said use abuts property residentially used or in an ”R" District, and said fence shall be adequately maintained. Application of this provis’on shall not require a fence within the required front yard or within fifteen feet of any street right-of-way line. % I i I i I I i I I « % l ORONO CC 388 (4-1-84) I Patrick Pugh 725 Dickey Lake Onve Orono, MN 55356 612-449-6054 August 17, 1998 RI’': Otten Brothers Nursery Greenhouse AMition City of Orono Attn. Ms. Elizabeth Van Zonieren 2780 Kelley Parkway. P.O. Box 66 Ciy stal Bay, MN 55323 Dear Ms. Van Zomeren: Having received your notice concerning the planned Otten Brothers expansion. I wanted to bring to your Ni^sety" relevant information with respect to any further additions of the Otten Brothers lam a resident at 725 Dmkey Lake Drive and. also, own the property directly behind the Otten Nursery. My wife and I purchased the propeil>'just subsequent to the Otten Brothers Nursery construction approval, ran y, v\e were not too concerned about the construction at the time thinking a nursery would make a good neighbor and we were, also, assured by some of our other neighbors that steps would be taken to shield the nursery from our property including burms and trees. Unfortunately, what we’ve gotten is a direct picture of Otten’s garbage dump and motor pool, including the noise that generates, in some instances, as early as 5:00 AM. Although there is a burm and trees across me street which, I assume, was meant as a shield to any adjacent residential property, it is pitifully inadequate. Since Otten’s. themselves, have put this unsightly mess behind their business out of sight of their own customers. I'm certain, they must have an appreciation of the need to shield their landscaping opera‘ions from their every-day customers. However, their customers’ gain is my loss, since I am required to continuously endure the sight and sounds of that very unridy mess located adjacent to Dickey Lake Drive, not too mention the fact that it will clearly have the affect of devaluing my property. I don t w^t to sound unreasonable but perhaps an adequate resolution to the problem would be the wnsti^ction of a fence to shield their landscaping operations from their neighbors. In any event, allowing Otten s to. potentially, create another eyesore before they clean up those tliey’ve already made, would be very disappointing. Patrick Pugh cc Otten Brothers Nurseiy IX TO; FROM; DATE; Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 10, 1998 SUBJECT; #2405 George W. Kalweit 4265 Forest Lake Drive Variance-Public Hearing Zoning District; LR> 1B Lot Area;40,100 One Family Lakeshore Residential District (1 Acre) square feet (.92 acres) ____ Application ; The applicants have proposed to reconstruct a deck that was severely damaged by a tree in late Spring as a result of a storm. The deck has since been removed for safety reasons. An after-the-fact variance was approved for the deck in 1992 to encroach 6' into the 75’ lakeshore setback. The deck consisted of three joined parts, two separate traditional decks (16* by 8' and 20' by 8'). Between the decks was a three season screen porch (22' by 8'). A total of 105 s.f. of hardcover was also approved within 75' of the lake. No variance was necessary in the 75-250' zone as the total hardcover was 22.6%. The new proposal is to increase the size of the three season screen porch fi’om 20’ by 8' to 24' by 10'. This results in a 2 foot ftirther encroachment tow'ards the lake, and 48 additional s.f. of hardcover within the 0-75’ distance of the lake. The applicants have the option to rebuild what was approved by the City Council previously without obtaining a variance if conditions on the property remain as they were at the time of approval in 1992. If the applicants do wish to rebuild the decks and three season porch the variance issued in 1992 would allow them to do so as they previously existed. Although, depending on total hardcover, the condition by which the building permit was issued may have changed. The survey provided does not indicate the changes in hardcover on the property in the 75-250' lakeshore setback. After the deck was approved in 1992 a through driveway was installed increasing hardcover. If the hardcover now exceeds 25% an additional variance would be required for hardcover in the 75-250' lakeshore setback to replace the deck and porch. tf240S Gtorgt Kahvtit 426S Forest Lake Drive Variance 8/17/98 Page 1 PertineDt Ordinances: Section 10.22, Subd. 2: Allowed Lakeshore Hardcover Section 10.56, Subd. 16(L)(2): Allowed Lakeshore Hardcover STAFF RECOMMENDATION For the Planning Commission to consider the impact of the newly constructed portion of the driveway, and for the applicants to submit a new survey showing all existing conditions on the lot Attachments A B C D E F G H I J K Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Property Owners List Deck and Porch Plan Zoning Application #1752 - Staff Report City Council Meeting Minutes - July 27,1992 Permit Record ^2405 George Kalwtit 4265 Forest Lake Drive Variance 8/17/98 Page! \ f\Application ft _____ Date Received • Amount Paid ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY IT^ORMATION . y // -f-, Site .Address Propeny Identification Number (P.I.D.)__________________ Attach legal description to application if not included on required survey. Date Property Acquired f (month/year) I (do) (do not) also own the^jacent parcels of land. Present use of property: ,/residential ___^other (specify). ZoningDistrict:____________________________________ APPLICANT . . J . Phone (home) YZP' ---- Name Phone (work) OWNER (if different than applicant) Name ___ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: 3^^ XZ- «AAr-^>ov\>_____________ (attach additional sheets if necessary) i! VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side )C Hardcover Lot Coverage ^ ^ r 'I • i . Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COiVDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:____________________________________ (attach additional sheets if necessary) B) y /IceJtL 5 €y\ />U ^/^cc ^ CM'i^ /»c- LxV^ CO (^h.^r ^o r M£Tf-hOS ^ /^COA^ / /!>^/5o /U dOtfu/ c/ h^A^fC'^ /C/c/c^ ^ ^ ^</r ^ r^/a-^ z^. “f A*yiZ^ , '7“fy*^/c^co. /Id^ifC Z^AC, •M r «••••.v^r*- < I*. • ... nci a*:... V • J • I « ; (') ------ \ rA V 6C ** I / vj/ 2^ I : (5;(Z3) 5;,: ^ \ • / / ^r: / \ \-.\ / / (30J 1*/^ /N' ?n^ liiJi ft 10 UTT?:;a •»i:• - ••>*• • -. ^. j ^ : ! a:£ -(5)il ...4 •--4 > X n /v - 4- -< /\ f'%., Ma.w :<'«\V a ^^V' iV^ .'i, J I?; , ■■.SK •4.•^^^ (3) ri-i'%-.;^X>X * ’^4 \ («v/«:i.0J V •- (26) o^' \ '/ \ \ 45 / \ TT25 \ 'i \af€f!(2’7) «0 g?i ! 'v'J.C4 iB'45-;s*C A — r 9?^ :»-75 \ * \ (S3) ? 0 j' «x ^'- —VA \ s if? i 5 A\ '"A v3 Parcel Infomiation PamI 100711723120016 HeuM Nunter 04M Sm«t Nam FOREST LAKE OR \ 'k \ V ^5, /V \ t1%4\l3> 9 / T / 5CHSST1HE DR mnn $T 5 ^«»/^ **5»> A «• j^«e, X. am s • ^EASTUXE3T *■ .I ' • • • -'^» itsKB m ^ 5 ^ J? >;• BMIOVlCIf WestJ:^ Mdxweit, E Mr .' •’■i- Shad' •.V . .... ‘ r*. • ORONb ^r/w •'* 600 •■: • • -• ^ w VJir-t* > X • - • - * •” •“ftsfrDEERINO ■ «•"/. ^ V •*."• • ICl pCOpoSed. LEGAL OESCRIPTlOrt OF PREMISES SURVEYED: lot 0, Clock 2. Forest Arras. This survey Intends to show the boundaries of tlie above described properly, and the location of an existing house, deck, and driveway thereon. It does not purport to shovi any other Iraprovcmcnts or encroachraents. 0 : Iron marker Ocarlngs shown arc based upon an assumed cKiium. 9*f$ fttf a I licri'ln* mlifv ll»al l!ii« >urwy %%*a% pfv|Ufi*U l»%* nic uf unJet n»y iflnxi Miivf* vi>Hnt. jiul ikil I jin 4 rr);i>Ufvd Ih »i Tiipncvi and lji»d Snrn*yi»r undvr CTiJi till* Lit% > i'( lit** ^*.il«* t4 Miimt'Niil.i # 4 ----------- M.ili !• t*M*nI*«ti* I Ki lt*o*««*Nf I'. •• ^•rruBrr*.gi%rr;j«a&^r-»—r tig—.*—— mm DATE OS/05/98 HENNEPIN COUNTY PROPERTY XNFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PIA3M01 PAGE 1 DATCH 501 PROP ADDR OWNER NAME TAXPAYER NANE/AOOR 30 07-117-23 12 0009 00005 FOREST ARNS LA J A A E S FRETHAN JANES 0 ELIZABETH FRETHAN 005 FOREST ARNS LA NOUNO NN 553M 38 07-117-23 12 0014 00875 FOREST ARNS LA R J BOISCLAIR OLA HOUSER ROBERT J BOISCLAIR 075 FOREST ARNS LA NOUNO NN 55364 38 07-117-23 12 0015 00895 FOREST ARNS LA F BROGHANNER 0 P BROGHANNER F BROGHANNER 0 P BROGHANNER 095 FOREST ARNS LA NOUNO NN 55364 PROP ADDR OWNER WANE TAXPAYER NANE/ADDR 30 07-117-23 12 0016 04265 FOREST LAKE DR 6 W KALWEIT 8 X N KALWEIT GEORGE 0 KATHERINE KALWEIT 4265 FOREST LAKE DR NOUND NN 55364 30 07-117-23 12 0018 00915 FOREST ARNS LA JANE A ADANS JANE A ADANS 140 CANAL ST TAVEmiER FL 33070 38 07-117-23 12 0022 04250 FOREST LAKE OR ROOERT F DONGOSKE ETAL ROBERT F DONGOSKE 4250 FOREST LAKE DR NOUND NN 55364 PROP ADDR OWNER NANE TAXPAVlER NANE/ADDR SO 07-117-23 12 0023 00030 ADDRESS tJNASSIGNEO FOREST ARNS CTRY CLUB ADDN FOREST ARNS COUNTRY CLUB ADDN HONEOWNERS ASSOC INC 960 FOREST ARNS LANE NOtmO NN 55364 30 07-117-23 12 0024 00030 ADDRESS UNASSIGNED FOREST ARNS CTRY CLUB ADDN FOREST ARNS COUNTRY CLUB ADDN HONEOWNERS ASSOC INC 960 FOREST ARNS LANE NOUNO NN 55364 TOTAL BATCH 501 00008 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF, y . ^ DATE W‘^/98 BY ^ ^ o I r B ) LL KA ^ € j-J- lo^Z H ^Qs >-AK<i &R, QR ono iV manniaM: er masts stoura Approved Addresses Shill 82 Displayed. DUImI.. ail ... — _ 7*^1Plainly .Visible And Legible From The Street Fr SPECIAL NOTE SEE ATTACKED SHEET mr? MK}/D/iAiL___________ CODE HEQ JI.-^EMENTS ing The Property ^ .42” mw "oo«^gs A/ ^Iv r, i I 8" MAX. RISER 9" MIN. TREAD ^ 6'- " M!N. H5ADRCOM AT LEAST CMS HA?:OP.A!L REQUIRED GJAROrsA!?- CPS:! Sit'uS '■ \ X - e'X’I^TlAJ^ Po>T> © = Xot>rS iz> rtOAtO Y rcrtt 'Of;w 0 iKalweit ,«6S Forest Ute Or. »,V»un(l.MN.5536«r« BT3r..Diry5; MwSN REVTEW lie?acrrof' —______________ r.'T- _______P~r,MIT NO. p A^'•-^C.'V3 .i.v c-ULv:;TTEO A".' A;7vr. .,,T;-! CORRECTIONS AS NOTED □ MCI A.- r*=i<‘:VRO — CORRECT & RESUB.MIT Then ci.-.ii-.'-ji.'.u j !vr y<M.v info.T.ratian. A!l work shall b« 4m Ir. f"i' vo'rir.! .^v/l.-h af! ap^VicsUle Syi^lng & zoNn* OOb« Na :r.;t.-.! r.,', not speci/:c.illy noted in Uiis t€d K t.EP 7H!S plan set on sits at all times. I To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Frcm: Date: Jeanne A. Mabusth, Building & Zoning Administrator July 9, 1992 Subject #1752 George W. Kalweit, 4265 Forest Lake Drive - After the Fact Variance - Public Hearing Pertinent Ordinances Section 10.22, Subdivision 1 (B) - Lakeshore setback variance required for major structural improvements of existing deck located within 75' setback area. Allowed B 0 Existing = 69' Variance 6' or 8% Section 10.22, Subdivision 2 A. 0-75' setback area = 13,725 s.f. Allowed B 0 Existing « 105 s.f. Proposed = 105 s.f. B.75-250' setback area = 24,075 s.f. Allowed « 6,019 s.f. or 25% Existing = 5,458.3 s.f. or 22.6% No hardcover variances required for approval of structural repair within 75-250' setback area. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Plan E - Building Permit for Screening in of Porch F - Building Permit for Residence 12/29/69 G - Topographic/Grading and Drainage Improvements for Forest Arms Plat H - Forest Arms Plat I - Survey Description of Request Applicant's contractor was stopped in the process of completing structural repair of an existing 8'x60' deck at the lake side of the existing residence. Based upon the inspector's observations at the site, it appeared the structure could be located within the 75' setback area. Applicant was asked to provide a survey on file for the necessary building permit. Applicant filed a variance application as Zoning File #1752 July 9, 1992 Page 2 soon as it was realized that portions of the deck were located within the 0-75' setback area. There is a 6' encroachment of the lakeshore protected zone and 105 s.f. of structural hardcover located within the 0-75’ setback area. Applicant has just recently purchased the property in April of this year and plans to complete other rennovations within the interior of the structure. Upon a site inspection, members will note remnants of a former gravel drive that was located within the street yard. Mr. Kalweit plans to coiuplete the restoration of the grassed yard as soon as the interior improvements are completed. Based on staff's review of the hardcover within the 75-250' setback area, it appears that no hardcover variances are necessary for the structural repairs of the deck outside of the 75' setback area. Review Exhibit B, technically applicant is also required to seek approval of an average lakeshore setback variance as entire structure is located in front of the average setback line of the adjacent flag lot to the immediately north. A commons outlot abuts the lot to the immediate south. Deck structure has no impact on the lakeshore views of the flag lot nor on the house to the immediate south of the Commons lot. Staff has enclosed copies of the grading and drainage plans and plat for North A.m, Exhibits G and H. It is staff's understanding that the applicant wa.\ts the City to address their concern regarding a drainage problem along the south side lot line. An underground PVC pipe outlets within the lakeshore yard of the applicant. The plat. Exhibit H, shows the City did not obtain the necessary drainage and utility easements along the south side of the lot. Staff inspected the site and can confirm that there is no rip rap at the outlet nor was there any sign of any improvement to minimize erosion. Exhibits have been included as merely information for Planning Commission as staff has not received a written statement regarding applicant's concerns. Hardship Statement Please review Exhibit A. Zoning File #1752 July 22, 1992 Page 3 Additional Conments and Planning Commission Recommendation Additional Exhibits Exhibit J - Kalweit Letter of July 17, 1992 Exhibit K - Draft of Planning Commission Minutes 7/20/92 Planning Commission members were concerned with the hazardous condition of the deck area in its incomplete state as railings on stair areas and within certain sections of second story deck were not installed. Applicants adivised that it has been very difficult, especially when young children are visiting their home. Applicants have requested that the application be scheduled before the Council at their July 27th meeting. Planning Commission members concurred the application be scheduled for immediate action so that the railing can be my MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 27, 1992 LMCD REPRESENTATIVE’S COMMENTS - CONT. Jabbour asked that those comments be sent to the Watershed District. Hurr stated that the LMCD has approved the Big Island Inc. 1992 dock license. Gaffron said that Big Island Inc. has appiled for Its 1992 I «cense, which the CouncII wl 11 review at the August 10th meeting for either adoption or referral to the Lake Use Committee. Hut noted that Lakeside Marina has been given 10 days to provide an as-built survey. She added that there has been discussion at the LMCD regarding conflict of Interest with regards to sailors and yacht clubs. Goett.?n Inquired about the ash project committee. Hurr reported there has been an Initial meeting, with a tour of the burn facility scheduled for next Wednesday. (»#3) #1752 GEORGE W. KALWEIT, 4265 FOREST LAKE DRIVE - AFTER-THE-FACT VARIANCE - RESOLUTION #3142 It was moved by Butler, seconded by Callahan, to #3142 for Application #1752 for George W. Kalwelt, 4265 . Drive, approving an after-the-fact variance to structural Improvements of an existing deck located within setback area. Ayes 4, nays 0. (##4) #1754 E. LEO BULLOCK, 2940 CASCO POINT ROAD - AFTER-THE-FACT VARIANCE - RESOLUTION #3143 It was moved by Butler, seconded by Callahan, to #314C for Application #1754 for F. Leo Bullock of 2940 Road, approving after-the-facc variances to permit s repairs to an existing deck. Ayes 4, nays 0. (»#5) #1756 ROBERT E. WILSON, 4156 HIGHWOOD ROAD - It was moved by Butler, seconded by Callahan, to uiahwood #3144 for Application #1756 for Robert E. Wilson a^three Road, approving variances to permit the reconstruction of a three season screened porch. Ayes 4, nays 0. Permit Mo, 3e»g-> j/!3^3 ^c39^ 4s 41/4 Sb^F joJW to 5 A Vt^ PERMIT RECORD Date •3-6 - -7 g ^-9-Id '3 -H6-nc ‘5-1 ^lU ^.jignu -lU 4-S19 -9ji /CcS-C-^^ 4-1-43 Type of Permit /? ^"tTi f*^ r * IfTTT* /u>-<JJL 4-^A-& LLjua 7>c^k___________________^ ‘yice^ yuuut^ • •/3 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 5,1998 SUBJECT: #2406 Paul Larson for Gerald and Sandra Anderson 2683 Casco Point Road Variances-Public Hearing __________ Zoning District: LR-IC Lot Area:20,230 One Family Lakeshore Residential District (1/2 Acre) square feet (.46 acres)______________________ Application: The applicants have proposed to remove the existing house and detached garage on the property to build a new residence with attached garage. The applicants do not intend to remove the existing boat house with stairs along the lakeshore. This application requires the following variances: 1. Accessory structure to remain on the property without a principal structure. 2. Hardcover in the 75-250 ’ lakeshore setback. The applicants are requesting 3,975 s.f. (29.5%) where 3,366 (25%) is allowed. 3.________Proposed lot coverage exceeds 15% on the lot. The applicants have proposed to exceed _____allowable structural coverage by 42.5 s.f. Pertinent Ordinances: • Section 10.22, Subd. 1(A): Lakeshore Setback Regulations • Section 10.03, Subd. 9(A): Accessory Structures • Section 10.03, Subd. 6(A)(1): Undersized Lots • Section 10.03, Subd. 14(C): Lot Coverage U2406 Ctrald and Sandra Erickson 26S3 Casco Point Road Variances 8/17/98 Page 1 r ANALYSIS Lot Area and Yards •Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 80% of 21,780 s.f. 80% of 100' 75'10'30* Proposed 20,230 s.f.91'Existing: 71' Proposed: 77' Existing: 9.7' Proposed: 10' Existing: 84' Proposed 45' Section 10.03, Subd. 6(A)(1) of the Zoning Code states that lots under one acre serviced by public sanitary sewer and platted prior to the date of the zoning chapter are only required to meet 80% of lot area and lot width standards. This lot does meet the criteria listed in the above referenced section of the Zoning Code. Therefore no variances are required for lot area or lot width. The required setback from the lake for this property is the average lakeshore setback distance of 77. The proposed house and deck are proposed to be located 77' from the OHWL of Lake Minnetonka. 1 lardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'6,750 s.f.319 s.f. (4.7%) none (0%) 319 s.f. (4.7%) none 75-250'13,465 s.f.1,862.5 s.f. (13.8%) 3,366.25 s.f. (25%) 3,975 s.f. (29.5%) yes 250-500’15 s.f.0 4.5' (30%) 0 none 500-1000' 0 0 0 (35%) 0 none The applicant intends to keep all existing hardcover of 319 s.f. in the 0-75' distance from the lakeshore. 134 s.f. of the hardcover are allowed to legally exist as stairs. A variance is not required U2406 Ctrald and Sandra Erickson 2683 Casco Point Road Variancts 8/17/98 Page! •. as the existing hardcover would not change. The Planning Commission should consider the impact of hardcover in the 0-75* distance from the lakeshore on the total allowable for the entire lot. The Commission should determine how hardcover on a rebuild within the 75-250' zone should account for othe' hardcover legally existing near the shoreline. Regardless of the existing condition of hardcover closer than 75 to the lakeshore, a variance is necessary from allowed hardcover in the 75-250' lakeshore distance. The proposed hardcover is 29.5% ^^frere 25% is allowed. Structural Coverage Total Lot Size Total Structural Coverage Percentage 20.230 s.f.Existing: 1,923.5 s.f. Proposed: 3,077 s.f. 9.5% 15.2% The lot would exceed the allowed structural coverage by 42.5 s.f. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property does contain a large buildable area. The proposed structure meets all lot and setback requirements. The lot would meet allowable hardcover and structural coverage by locating the house closer to the road and the structure downsized slightly. H2406 Gerald and Sandra Erickson 2683 Casco Point Road Variances 8/17/98 Page3 r 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicants have proposed to build a home that could be downsized slightly to accommodate the size of the lot. 3. The variance, if granted, will not alter the essential character of the locality. The variances would not change the locality, as the property currently functions as a single-family residence and several properties near the subject lot contain boathouses. 4. 5. 6. 7. 8. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. llie Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential, which is consistent with the zoning. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The property can accommodate a residence with attached garage by altering the site plan. The boathouse existed prior to current zoning regulations. The conditions do not apply generally to other land or structures in the district in which said land is located. This lot is similar to other lots in the locality. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The boathouse existed prior to current zoning regulations and does not appear to require major renovation at this time. Ctrald and Sandra Erickson 2683 Casco Point Road Variances 8/17/98 Page 6 9. The granting of the proposed variance will not in any way impair health, safety, condbrt, morals, or in any other respect be contrary to the intent of the Zoning Code. The granting of variances would not be a public hazard or contrary to the intent of the Zoning Code. 10. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variances from lot coverage and allowed hardcover do not appear to have a demonstratable hardship due to the lots ability to accommodate a residence that would meet Zoning Code requirements. The variance to allow the accessory structure (boathouse) to remain without a principal structure could be interpreted as a hardship as the structure has been on the property before the adoption of the Zoning Code. Issues 1.The applicants are requesting three variances (hardcover within the 75-250' lakeshore setback and lot coverage to exceed 15.0%) and a third for an accessory structure to remain on the lot without a principal structure. 2.The accessory structure would only remain on the lot without a principal structure during the demolition and reconstruction period. 3. 4. All required setback and yard areas are met. The lot is sewered and under one acre allowing lot width and lot area to only meet 80% of requirements. STAFF RECOMMENDATION Staff recommends approval of the variance for an accessory structure to remain on the prop>eity without a principal structure. Staff recommends denial of the variances for structural coverage and hardcover within 75- 250' of the lakeshore as a result of no apparent hardships. §2406 Ctrald and Sandra Erickson 2683 Casco Point Road Variances 8/17 m Pages Attachments A B C D E F G H I Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Hardcover Calculations Property Owners List Permit Record U2406 Gtraid and Sandra Erickson 26S3 Casco Point Road Variances 8/17/98 Page 6 V. EXHIBIT A Application # ^ Cj Date Reedyed* 1 >3J - <=T Amount Paid 7:>oo •®‘> any of orono - variance application Initial A]>pliqBtios Fee S2S0.00 (SSO.OO per 'eacb. addhionil variance) Renewal Variance Fee SISO.OO (no change fiom original ^pUearioa) Variance fhr ncm*confoini!ng smictuxes S250.00 AAer*the*Fact Fees (Double application fee) SiteAddren. Property Identification Number (P.1.D.1 AOT J r) own tn^djaceat f Present um or pr^erty: J/residential ZonlngDlstiict:__________• luL ptbex (specityX /A)E/jmk) City: M/hb/Sa/JlflJX Zi6:^^lf rVv .....• V ■ : \A Name different than applicant) L-€lv.Soo Phone (bomeX Phone (woriO^ Addtes^3 I I'/iv; City:( c * c... » . I Zro: ^ I istiiraied Coostruction Cost $ * . Describe request in cVXuXfLf jq/1 trrvr*mpj?‘ r'j a ^ % ^ ' (attach additional sheets if necess^i^) ^ DESCRIPTION OF REQi VARIANCES REQITRED ^ J/^LotVmLot Area Setback:FrorJ Side Hardcover Rear Lot Covenge Average Lakeshoie Odier(specify) .T^ A&EF l^/FT" prevmtina r j^aJk/cU HARDSHXP/DESCRIPTXON OF UNUSUAL PROPERTY CONDITIONS Deecdbe undue hsdthlp or practical difficu^ or wmscal prepay OMdxtlons c^pUanee widi Zoning Code reoutrements; CzJ SUJDSTtindjCLi^dL /ntx ^yoo ^rnirrtni) /jl^ \__.____^,^ 4^ /s ptcic€/x^ /y\f. tjorcr Me cuZ.^ herr^ ^ CZ/^o-y- /Kom toAxJcic^^ *7^ 77« f wAJlcI^ US otdir zs/^/i}ecoT^<^y SicU^yy TO: CITY OF ORONO regarding PROPERTY: 2683 CASCO POINT ROAD LEGAL DESCRIPTION: LOT 1 AUD SUB 265 EXHIBIT B REQUEST FOR STANDARD LOT VARIANCE: REASON; SUBSTANDARD LOT PLATTED TOO NARROW AT THE LAKE requesting a HARDCOVER VARIANCE( FROM 25% TO 30%): REASONS: THE PROPERTY TO THE NORTH IS PLACED ON THE LOT LINE. WE WOULD LIKE TO PLACE OUR HOUSE AND GARAGE AWAY FROM THE BUILDING TO THE NORTH FOR FIRE SAFETY WHICH WOULD REQUIRE US TO EXTEND OUR DRIVEWAY. ALSO, BECAUSE OF THE PLACEMENT OF BUILDING TO THE NORTH, A VARIANCE WOULD PROVIDE US SOME FREEDOM TO PLACE OUR HOUSE ON OUR LOT IN AN ADVANTAGEOUS WAY TO ENHANCE THE OVERALL NEIGHBORHOOD LOOK. / r34 OTS E^8 EXHIBIT Da. '^QO^r^Norr/z Maxwell Bay Skogsberg Point West ORONO Arm BOHNS POINT LA X Shadywood Point i DEERING mi ___i'll__ ISLAND j gjjQQ Fagerness Point ^ 1-SHORELINE PL V ------- Crystal Bohns Point VEST SPRING ARM 2-DaOTEftOAVE WfiK: ■' OOO DCOUNTT rATTIESr^DR-ifS^L^^ Httv*. ------------Ife'; MTERLACHEN RO Spring I HE 'i'M^.'Blad't^kr ’nl „ , I ■ JM In SHORELINE o X \ ^ LYRIC la AVI I OR M X DRICXST itJii LY0IAR2 CIR S WAYRO WANRO / 2 «o JAIONTfiOMSIYRO ^ V Pe/z^/i Point &•/ SIUUIO ROUjL22.^/r4!oy^' GOOSE V _'ISLAND jjf^ Carman ■— '■ 5? / w * '.. \ 4\-{jt \ Bay ORONO W^ ' 4^/ r* /-y ^ \ '%=^, POT SPRAY ,*E»**‘ TCT AKlPl < •• • EXHIBIT E •• • •* t. • • • CERTIFICATE OF SURVEY FOR. GERALD ic SANDRA ANDERSON OF LOT 1. AUO. SUB. NO. 265' HENNEPIN COUNTY. MINNESOTA* • • • • • 9 two Murc«£0 SaTt-fIVC.(2e5V ICft^ COiKT^. l»tCSOTA • • * ui »rv«y Mtndt to thoW th« bOtftdorlM of tho ebovo tftocrM Moportvi Iho locoUoo of on o«isUng houso. 9oro90. boothouo# ond d«ck tnofoon. It dooa nol purport lo iboo ony otf»of improvon'onto of #v»oocwrontt.••. • • • • : Iron mor«or foo^ A : pon morkor tot • OurkiQi W<o«n ora boood iipon on d doUon EXHIBIT F "^^Iot ZONE: (CIRCLE ONE) Q^TS;^ 75-250’ 250-500’ 500-1000'J* EVTSTING HARDCO\TR IN ZONE A. House ______________ Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic • Or Fabric * • \ X X X X X X X • X X X . X X* Width S.F. t • JL. S.F. _ S.F. • S.F. • a. S.F. . S.F. ^S.F.' • f • tf __S.F.. — S.F. • ^ __S.F. — S.F. __S.F. Z, S'- F- S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' A. •________ -r B PROPOSED HARDCOVER IN ZQNT. A. House . • ________ . Lenfch €x^/f^c Scat B. Garage '____ C. Driveway D. Sidewalk E. Paiio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X x’ X X X* X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B X 100 Width • • • S.F. • S.I^.' S.F. % • . • i. S.F. /3Y A B . s.iLw^^.-y . s.F.^-' • • • • X 100 - S.F. A SF. ®r# • • V £f§HliBI3S ’6 (CIRCLE ONE) A. Hous« CrCK.4i.O JK>J)fASA^*HARDCOVER CALCULAllUiN 0-75’ !dco\tr in 7,nNT X Length . X X X B. “Carase C. Driveway X »• D. Sidewalt:- X X X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- - __ _ _ _ _ _ ^ B PROPOSED HARDCOVER IN ZONE A. House X Length • t X X X B. Garage C. Driveway X X D. Sidewalk X X Patiq^Dcc^X X- F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY. AREA IN ZONE A ______________s. ^ ® . • I 75-250’250-500'500-1000' Width • «4 X 100 « Width • •• S.F. S.F, S.F. S.F.» • %•• • < S.F. S.F. s.p. • S.F. ‘s.F. S.F. S.F. • t S.F. S.F.I • S.F. S.F. S.F. S.F. 55 A B % • • • • -“O' JOO> s.F.• * c c - ^ ^ /Zi_s.F. ___s.f: ’ /^o s:f s.f. • • • *41 S.F S.F S.F.' . • •< S.F. sjys S.F. X 100 s.f: V«» Vz % A B k • • ^ EXHIBIT G • • • 1^3c KZONE: (CIRCLE ONE) * 0<75 HARDCOVER CALCbLA 1 i^^ • • *4 » • pviyrTNG HARDCQ\TR IN ZnsT A. • House _________ Ltnfth B. Garage S C. Driveway X D. Sidewalk E. Patio/Deck F. Landscape Underlain. By Plastic Or Fabric. X X X X • • X X X X X X X X X G. Oihcr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A• •B PROPOSED Hardcover in-.zont A. House ___________ X Lcnfth B. Garage C. Driveway, m m D. Sidewalk *• • • • E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X • X X- X X • X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • • • - B . 75-2S0’SO-SOOL 500-1000'• • Width X 100 » • I «• . Width • • ■% • •S.F. _S.F. - S.Fv • . 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.i 7. S.F. A B . V.. •' S.F. .1' • • f *\***«^ • • • •/ X S.F. _ S.F^ - _s.F. -i S.F; • "* • — • N ., •/S.F.'.^ •• • ____S.F.C^ ': ' - • •iC S.F. S.F. S.F. S.F. . S.F.*• • !• S.F. O ‘ S.F. X 100 • f • /S S.F. n • % A B .w%• RUN DATE 07/20/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST iATCN 505 PROP ADDR oNNiR mm TAXPAYER NANE/ADDR 58 20-117-23 23 0001 02883 CASCO POINT RD 8EVERLY SNERLINO BEVERLY SNERLINO 2552 N LAKE OP ISLES PKWY MPLS NN 55805 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 20-117-23 23 0008 02897 CASCO POINT RD Ate KANE A LAWRENCE KANE 2897 CASCO POINT RD WAYZATA NN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 20-117-23 23 0022 02859 CASCO POINT RD S S STANDA IIS STANDA S S STANDA i I S STANDA 2859 CASCO POINT RD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 20-117-23 28 0003 02888 CASCO POINT RD D L RUNKLE ILF RUNKLE DAVID L RUNKLE 2888 CASCO POINT RD WAYZATA NN 55391 REPORT NO. P1835801 PAGE 7 38 20-117-23 23 0002 02891 CASCO POINT RD WILLIAM F MILLER ET AL WILLIAM F MILLER 2891 CASCO POINT RD WAYZATA NN 55391 38 20-117-23 23 0003 02895 CASCO POINT RD JOHN T REDMOND JOHN T REDMOND 2895 CASCO POINT RD WAYZATA NN 55391 W X5 Hm 38 28-117-23 23 ••2t •2677 CASCO POINT RD TYRONE A BUCEY 8 NILA BUCEY TYRONE A 8 NILA BUCEY 2677 CASCO PT RD WAYZATA NN 55391 38 28-117-23 23 8821 82665 CASCO POINT RD C R SHUTTS 8 H B SHUTTS CARL R 8 HARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA MN 55391 38 28-117-23 29 8881 82684 CASCO POINT RD 0 L RUNKLE 8 L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA NN 55391 38 28-117-23 24 8882 82668 CASCO POINT RD F L HAIR 8 D E HAIR CO-TRST FLOYD L HAIR 8 DIANE E HAIR 2668 CASCO POINT RD WAYZATA NN 55391 total BATCH 585 88818 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATIOH AS IT APPEARS THIS DATE ON THE RECORDS OF *THE HENNEPIN COUNTY DEPARTMENT OF PRO^RTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. 7-2/-^DATE 0S/10/9S 15:29 FAX PIMMS CORP Qiooi^ooi August 10,1998 Planning Commission Ciqf of Orono 2730 Kelley Paricway Orono, MN 55356 R£: FUe # 2406 2683 Casco Point Road 1 live directly adjacent to the sootb side of this property. I will be out of town on August 17*“ asd unable to attend the mcedog. However, I would like to have my feelings in regard to die proposed inqnovements to this property addressed. I think that you should approve die request for variances as applied for. The only variance that they have requested that you will no doubt take issue to is the keeping of the boathouse. I Imow that you will be tempted to grant them exactly what they want as long as they remove die boadiouse. That would be a tragedy. T^t boathouse is in extraordinary condition. Widi a little cosmetic work, it would be beautifkil once again. The most devastating piece of legislatioa diat the city of Orono has ever passed is the 75-foot setback rule. To slowly destroy die histoiy of the City by requiring non-confbnning structures to be eliminated one by one is ridiculous. I iixqilere you to allow structure to remain standing. I would also point out that dns would not be die first structure in die zero to seventy (lve>foot area that you will have allowed to be maintained. As a reminder, I was given an after the fact variance to keep my boathouse. The Bucey's who live dirccdy adjacent to the Nordi side of die property were also allowed to keep their boathouse upon rebuilding their house. In ^ JJliuOii, the Hurd's just down the block were also allowed to keep their boathouse upon rebuilding dieir house. So if my cry for mercy on diis boathouse is not enough, maybe the precedent established by the above stated previously granted variances will give you the strength to do die right diing. I diink that it would be great if you just decided to rescind the rule in it’s entirety, so diat I could stop worrying about the destruction diet you are causing to the history of our city. Thank you for your attention to this matter. William F. Miller 2691 Casco Point Road Wayzata. Minnesoa SS391 • i FRai : ERICKSON-MPDISOJ _i.i ------------- ..... PHO€ MD. : 6088292778 Aug. 17 1990 02:38PM P2 12^\<2i ----------------4' i N ...-----------------tt—^ A /____y p—t—----1}: -It-^ —t tl- ff 1^ • F=^k4ilS f=ll 0DOU r-p1 ------r-.-i IFtFR ♦ r / >H^ Kn<:HE,A ©5Df2 i ------------------- Iteose: 4fc‘ -Z.^ fP /“Pi viaot 2 ’ ‘“Z' *24^ c^h« (2V^ e-iT s 'Z‘ 32^ re'4/i6»e 4 * Ui» n&o* ♦ <2-« t2 24 % r-A\<2 {Z"^ “22 * t>T^x>pc? ese^vcetP ‘ti.'ni NM 1 o ioefjk ri FiRar FLR p (J 5 ^'• ' _____'<1 --•. «>y«4 tl*l Epp'vleNjJA'i » •H TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 11,1998 SUBJECT:#2407 Lane and Kelly Moore 3438 Livingston Avenue Variance-Public Hearing Zoning District: LR-1C One Family Lakeshore Residential District (1/2 Acre) Lot Area:6,625 square feet (.15 acre) Application: The applicant has proposed to construct a 16' by 22' garage on the lot. The garage would be located 3' from the lot line. All other lot requirements are met. This application requires the following variance: 1. Side yard setback of 3' for an accessory structure where 10' are required. Pertinent Ordinances: Section 10.25, Subd. 6(B): LR-IC One Family Lakeshore Residential District Section 10.03, Subd. 9: Accessory Buildings Lane and Kelly Moore 3438 Lhfingston Avenue yariance 8/17/98 Page I ANALYSIS Lot Area and Yards LR-IC Lot Area Lot Width Back Yard Side Yard Street Yard Required 21,780 s.f.100'10’ for Accessory Buildings 10’30’ Proposed 6,625 s.f.50’16.4’3 ’92’ The garage would require a variance from side yard setback requirements. The applicants have requested a 3' setback where a 10’ setback is required* Structural Coverage Total Lot Size Total Structural Coverage Percentage 6,625 s.f.Existing: 914.7 s.f. Proposed: 1,266.7 s.f. 13.8% 19.1% The lot would exceed the 15% structural coverage maximum requirement. Although, the Zoning Code; in Section 10.03, Subd. 14(C): Lot Coverage; states: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. A variance from lot coverage is not necessary to exceed the 15% lot coverage standard on this particular lot. §240"^ Lane and Kelly Shore 343S LMngsion Avenue Variance 8/1 T. 93 Fagf2 Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'0 0 none (0%) 0 none 75'-250'0 0 0 (25%) 0 none 250'-500'0 0 0 (30%) 0 none 500'-1000'6,625 s.f.2,160 s.f. (32.6%) 2,319 s.f. (35%) 2,302 s.f. (34.7%) none All of the subject lot is located in the 500' to 1000' lakeshore setback distance. The applicants have proposed to add a 16' by 22' garage on the lot. To accommodate the added hardcover they would remove a planter and concrete walk in front of the residence. The total hardcover would not exceed the 35% allowed on the lot. ANALYSIS Variance STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibit A. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if 'r>ed under conditions allowed by the official controls. The property can continue to be used in its current state. The new garage will not alter the use of the propert>-. §2407 Lam and Killy Moon 342B Livingston Avenue Variance 8/17/98 Page I 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property is undersized for the zoning district. The applicants are limited to constructing the garage in the proposed area. Moving the garage to another area of the property would cause the lot to exceed hardcover requirements. The City's Building Official recommended at least a 3' setback from the lot line due to the distance between the neighboring garage and the proposed garage. 3. The variance, if granted, will not alter the essential character of the locality. Other properties located around the subject lot generally have a detached garage located behind the residence. The new garage will not change the appearance of the neighborhood or negatively impact neighboring residences. 4. 5. 6. 7. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential with a garage as a permitted use. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The property was platted well before the current zoning regulations, resulting in the property not conforming with standards. The size of the lot has limited the applicant's options for placing the garage elsewhere on the lot. Also, the applicant has proposed to remove hardcover to avoid exceeding the allowed hardcover on the lot. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Garages are permitted as accessory buildings in the LR-IC Zoning District. M2407 Lane and Kelly Moore 343S Livingston Avenue Variance 8/17/98 Page A 1 8.The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The granting of the varian..*f s will not constitute a public hazard. 9.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The applicant has proposed to construct a garage that would be consistent with the development in the neighborhood. The size of the lot does not allow the applicants to place the garage in another location on the lot. 1 . The only variance necessary is from side yard setback requirements. 2. The lot is undersized for the zoning district. STAFF RECOMMENDATION • Staff recommends approval of the variance from side yard setback requirements to allow a 3' setback where 10' are required. Attachments A B C D E F G. H. Application and Statement of Hardship Plat Map Location Map Topographic Map Survey Hardcover Calculations Property Owners List Permit Record U2407 Lane and Kelly Moore 3438 Livingston Avenue Variance 8/17/98 Page 5 EXHIBIT A Application H Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Avie. Property Identification Number (P.I.D.) n \\-\ M?> noara Attach legal description to application if not included on required survey. DatePipperty Acquired H-____________________________________^(month/year) I (do) ^0 no^ also own the adjacent parcels of land. Present use of property: X residential ___^other (specify)______________________ Zoning District:___________________ •___________________________________ APPLICANT Name UAtstg ^ M.oog-e Address: SM firvj. Phone (home ) M*7i-SJO*7 ____ _____ Phone (work)_______________ City: _________Zip: ■S.S3T i OWNER (if different than applicant) Name Phone (home). Phone (work)_ i£!a • t '•! -rzr~. •• • j Address:City:,Zip:,•• DESCRIPTION OF REQUEST Estimated Construction Cost S S.ocQ i ^ Describe request in detail: ’be-Vc.-tTkerV Cnargy x.v'. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front XSide Hardcover Rear Lot Coverage Average Lakeshore N. ___Other (specify) de-Vah^ VietA ynJiy <^cvr • bec,t________________ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: p ^4-^ t>^e.— nn opTYanS. c-(- t^/'a.y r clrioe __________________________ (attach additional sheets if necessary) WEXHlBWE^yS./^/! / " I '' ‘ /V*?/,, ^' / / '^Z 3 2 ^1 ‘^/ /'?--^/~Zr/"5*n6) /.^/ / .29 '^6n /?''j :0 "'%• (12.5) /-? V• \'0 ) \CP/22 / li :.7 A L 7A 7 A a;(22)U^^\^\(ao)\ ' tI C2') \ 5?^ ' ^''' p-'i >/' .* 4i, /\ ,\if 0 '7^\ P\Virx\ x.TO\, /# / N *>\ V i '• \ !0 50.2 tJ C.'l 50.3 6-: 50.3 ( 10^ 50 (7) 50 50.3 ■Sf.'A^ :n \ '-2 c'? ,(i)■^■S(53)/ % 20 » 25)y2i V.:>s.v jj . « • • OO W 5o;- ^ NV . ^’v5^.nT5 3 \ \\ (2)^ /r'* / ^ 1 1 7\/ 10 V/(68 •<^- '■^'“(22) . . .......(67)/ , , ^p(^)^ . '^1 if (65)/ / t ^ r \ ’ / ^S. .V*/s. ’. ■ • ' : • AVE 50 53 oi 11 ^ 9 tn 50 r 15'-^ 50 50 I 50 m' 50/1 50 ‘‘3.2 oil I / - "T ■ ASoil 4 -e <^1 C'64) C63) C 6 18^ 'D (72)(73) (74) 19^ (75) 50 50. tr 50 50 50 50-! 53 (ji cr 50 22^^ 50 50 -. y\ t.154) • • • ■ 50 (\ ^4«-i 25oj' 26 27^^! 2.5 (79) ..-V Parcel Information, Fami 017117: H oum NunOar (X3436 Mm( HaiM UVMGSI^ A) 5C! 53 (90) (&■') ICP’ (88)(87) 6 oJ ■3 _ _' V (66) \r in 2o5i 2 1 'j; 2: • ‘ -.A. * .—V4.......1"" 50 50 --i 22- |23^ 2 . . • ' 1 • \ r , 26^ A m •*.* * g 5_______a SCMSnai 0 'I• • - •►.•>. I * WAniTOW* I ■An MMCASn ^^«S9«’ ••"7^**•••••••« A *S»; FOX OCWJI LA ^ L0*a\nr» c« S . — line >•«•••• VNni \ 400 ‘^*0 *00 S fwmcH LAxr M - • %.-.v;'s;>.-.-:K- IVfCArm .. . • « ••‘VWc: *w^> • • Y • * Bay *- »-1 .- . YP - - • -1 .V • ^V-'i A» «f- • r Vl Wl *1 V t •^ - ■.• >1 .- . •: V *• 4 - JlONRS i Mmit i. -p-i t -• - A*.*.-• • 7 A a>' « «m ,w^ •r—, ^ »•>V-7W :>J •-.-V » m. • . »# » *^N ■? Ltl?^ ••f-- ' EXHIBIT D EXHIBIT E S 88-18*24" E .1 9 o \,/1 -wv HARDCOVER WORKSHEET JOB 9 o>toooo500 - 1000 EXISTING HARDCOVER Area Totals Home 912 Concrete Walk 86 Bituminous Driveway 1074 Planter 88 TOTAL EXISTING HARDCOVER 2160 PROPOSED HARDCOVER CHANGES Items proposed to be removed Bituminous Driveway -40 Bituminous Driveway -20 Planter -88 Concrete Walk -63 Total Items proposed to be removed -211 Items proposed to be added Proposed Garage 353 Proposed Walk 20 Proposed Drive 19 Total Items proposed to be added 353 TOTAL PROPOSED HARDCOVER CHANGES 142 TOTAL HARDCOVER AFTER PROPOSAL 2302 LOT AREA 6625 PERCENT OF ZONE THAT MAY BE HARD 35% SQ. FT. OF ALLOWABLE HARDCOVER 2319 AREA OF H.C. UNDER OR OVER - ORD.17 PERCENT OF ZONE HARD AFTER PROPOSAL 35% AR w NNss H ►*1 RUN DATE 07/22/9S BATCH 51S PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAIff/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 17-117-23 A3 BBai •2195 BAYVIEW PL R P NEYERS I J E NEYERS RICHARD P I JANICE E NEYERS 2195 BAYVIEW PL WAYZATA NN 55391 38 17-117-23 A3 fOiA •3AA9 CRYSTAL PL NARK L YOST NARK L YOST 3AA9 CRYSTAL PL WAYZATA NN 55391 38 17-117-23 A3 lOlA •3A72 LIVINGSTON AVE C T VERSAILLES ET AL CHESTER 8 NELODY VERSAILLES 3A72 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0P19 •3AAA LIVINGSTON AVE PATRICIA J GOAR PATRICIA J GOAR 3AAA LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 8022 03A22 LIVINGSTON AVE D A SERNA 8 D L SHELDON D A SERNA 8 D L SHELDON 3A22 LIVINGSTON AVE WAYZATA NN 55391 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OWNERS LIST 38 17-117-23 A3 000A 02293 SHADYWOOD RD K W 8 S A ROOEWALD KEVIN W 8 SHIRLEY A RODEWALD 2293 SHADYWOOD RD WAYZATA NN 55391 ■ .J .1* 38 17-117-23 A3 0007 03A57 CRYSTAL PL L HANNOND 8 H HAl KAZINIR KARPUSZKO 3A57 CRYSTAL PL WAYZATA NN 55391 REPORT NO. PIA35A01 PAGE 98 38 17-117-23 A3 0017 O3A80 LIVINGSTON AVE KENRIC N LINDLAN GEORGIANA CARTALUCCA KEVIN BOE 3A80 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0020 03A38 LIVINGSTON AVE LANE W NOORE LANE W NOORE 3A38 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0023 03A1A LIVINGSTON AVE ROSENARY P BURNASTER ROSENARY P BURNASTER 3A1A LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0005 03AA3 CRYSTAL PL A 8 L RODEWALD AOELBERT N RODEWALD SAA3 CRYSTAL PLACE WAYZATA NN 55391 38 17-117-23 A3 0008 •3A85 CRYSTAL PL STEPHANIE A KROEGER STEPHANIE A KROEGER 3A85 CRYSTAL PL WAYZATA NN 55391 38 17-117-23 A3 0018 03A52 LIVINGSTON AVE WILLIAN R HARWELL II 8 WIFE WILLIAN R HARWELL II 3A52 LIVINGSTON AVE NAVARRE NN 55391 38 17-117-23 A3 0021 •SA38 LIVINGSTON AVE ROXANN N BEISCH ROXANN N BEISCH 3A38 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0062 03A33 LIVINGSTON AVE JEFFREY A KLENAN JEFFREY ALLEN KLENAN 2AA BROADWAY AVE N WAYZATA NN 55391 o PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 17-117-23 A3 0063 03A35 LIVINGSTON AVE 0 V 8 E N BRUCE DENNIS V 8 EVELYN N BRUCE SA35 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 006A 03AA3 LIVINGSTON AVE DENNIS L HEGER DENNIS L HEGER 3AA3 LIVINGSTON AVE WAYZATA NN 55391 38 17-117-23 A3 0065 03AA5 LIVINGSTON AVE CAROLYN N TILLOTSON CAROLYN N TILLOTSON 3AA5 LIVINGSTON AVE WAYZATA NN 55391 RUN DATE 17/22/98 ■ATCH SIS PROP AMM ONNER NAHE TAXPAYER NANE/AOm ; ' HEfMEPlN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PX4SS4R1 PAOE 97 50 17-117-25 45 9141 •5475 LXVINOSTON AVE SARANNE W ANDERSON SARANNE W ANDERSON 5475 LXVXNOSTON AVE WAYZATA NN 55591 • TS: aSia V I ^ 50 17-117-23 45 •154 •5495 LXVXNOSTON AVE SHERYL A PATTEN SHERYL A PATTEN 5495 LXVXNOSTON AVE WAYZATA MN 55591 IS W 80 9Q TOrAL BATCH 515 99929 s^ esO M^ H O I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION« TO THE BEST OF HY KNOWLEDOE AND BELIEF. DATE EXfflBIT H ““ 3438 Livingston Avenue Permit Wo. uuun 6*/l5 ?OOl PERMIT RECORD Date V'-?7-^P- yo-/L.nt/ 6_i34-‘^( ' <^<-1 ‘ ^ Co Type of Permit r ce^t^y\.>o^cLil ^ £Lkija____ l24^>L./-dj jP P^pe/iy 15*m- t j II irW ir'AV.i LO/l M H r 7 i./i/ Co/’C^^h s'xH' ^ ^ /••'ijJ^ IHWUMliWiMi TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 10,1998 SUBJECT: #2409 Gedney and Emily Anne Tuttle 1225 Shoreline Drive Variance —Public Hearing Zoning District: LR-1A One Family Lakeshore Residential District (2 Acres) Lot Area:51.'>'0 square feet (1.18 acres) Application: The applicants have proposed to construct a 12' by 14' shed to provide winter storage for lawn furniture and other equipment. The house is built in an area that has a very high water level not allowing for a basement to exist to provide adequate storage on the property. A wetland located at the back portion of the property restricts the applicants from building on that part of the lot. This application requires the following variance: 1. Hardcover in the 75-250' lakeshore setback. The applicants are requesting an increase in hardcover from 45.6% to 46.4%. Lot History: In March of 1978 the City Council issued variances from side yard setbacks, lot area and lot width to replace the house and garage on the lot. The building permit was issued in May of 1978 to construct the house and garage that currently exist on the lot._______________ Pertinent Ordinances: Section 10.22, ^ \ 2: Allowed Lakeshore Hardcover Section 10.56, SuvXi. 16(L)(2): Allowed Lakeshore Hardcover U2409 Cedne) and Emily Anne Tutu 1225 Shoreline Drive yarlance 8/17/98 Page I ANALYSIS Lot Area and Yards LR-IA (2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 87,120 s.f.200’75’10’ for accessory buildings 10’for accessory buildings Proposed 51,239 s.f.120’Proposed: 200’Proposed: 18’Proposed 235’ The proposed accessory structure is a permitted use in the LR-1A (2 acre) Zoning District. The proposed structure meets all required setbacks for accessory buildings. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’9,069 s.f none (0%) none (0%) none (0%) none 75-250’21,157.5 s.f.9,654.1 s.f. (45.6%) 5,289 s.f. (25%) 9,822.1 s.f. (46.4%) yes 250-500’21,012.5 s.f.none 6,303.75’ (30%) none none 500-1000’0 0 0 (35%) 0 none The applicants have proposed to add 168 s.f. of hardcover within 75-250’ of the lakeshore. The increase will have a net gain of 0.8%. iH409 Ctdn£y and Emily Anne Tuttle 1225 Shoreline Drive Variance 8/17/98 Page! Structural Coverage Total Lot Size Total Structural Coverage Percentage 51,239 s.f.Existing: 4,115.6 s.f. Proposed: 4,283.6 s.f 8.0% 8.3% The lot does not exceed the allowed hardcover of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property has a high water table not allowing a basement area for storage. The lot cannot accommodate a storage shed located further back on the property due to a wetland in the 250- 500* lakeshore setback distance. Most of the water on the property drains toward the wetland and not the lake, including the area the proposed accessory building would be constructed. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property contains a large wetland with wetland setbacks requiring the applicant to construct a shed for storage closer to the residence. The water table doei> not allow for a full basement under the house. 3. The variance, i? anted, will not alter the essential character of the locality. The variances would not change the locality, as the property currently functions as a single-family residence. U2409 Gtdney and Emily Anne Tuttle 1225 Shoreline Drive Variance 8/17/98 Page3 4. 5. 6. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration %vith this application. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person’s land is located. The use of the property would remain residential, which is consistent with the zoning. Storage sheds are permitted as accessory structures in the LR-1A Zoning District. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The buildable portion of the property is limited by the wetland located between Shoreline Drive and the house. 7.The conditions do not apply generally to other land or structures in the district in which said land is located. This lot is similar to other lots in the locality. 8. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The LR-1 A Zoning District permits storage sheds as accessory structures. The low, wet land has lunited the ability for the applicants to have a space for indoor storage on the property. 9. The granting of the proposed variance will now any way impair health, safety, comfort, morals, or in any other respect be contrail > tl“? intent of the Zoning Code. The granting of variances would not be a public hazard or contrary to the intmt of the Zoning Code. 10. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The applicants have demonstrated a hardship created by the wetland and limitations of the existing structure due to the high water table. U2409 Gtdney and Emily Anne Tuttle 1225 Shoreline Drive kariance 8/17/98 Page A Issues 1.The applicants are requesting a variance from hardcover requirements in the 75-250' distance of Lake Minnetonka. Currently the hardcover in this zone is 45.6%. They have proposed an increase to 46.4%. 2.A wetland limits the ability to construct a storage shed outside the 250' distance from the lake. 3. The high water table has allowed for only low headroom space in the area beneath the principal structure. 4.Most of the lot, including the proposed area to construct the storage shed, drains away from the lake to the wetland. 5. The proposal meets required setbacks for accessory structures. STAFF RECOMMENDATION Staff recommends approval of the variance from allowed hardcover within 75-250’ of the lake based on the applicant provided hardship. Attachments A B C D E F G H I J Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Hardcover Calculations Property Owners List Shed Plan Permit Record §2409 Ctdney and Emily Anne Tuttle 1225 Shoreline Drive Variance a/17/98 Pages r ■>. EXHIBIT A Application H Date Rcceiyed 7/3.z/?g Amount Paid Ji/y CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ^ 5 I Me. C>t-tve. Property Identification Number (P.1.D.1 09^nuQ3^________ Attach legal description to application if not included on required survey. Date Property Acquired______________________^__________________^(month/year) I (do not) also own the adjacent parcels of land. Present use of property: X residential ___pother (specify). Zoning District:___________________________ APPLICANTS* Phone (home) ^73-q/2Q Name Gg-dvigV S/Ehtily A^h7)e Phone (work)_______________ Address: /g-qg Sh^re line. Dhiye, Citv: Qt*ov>o _____Zip: /c ^ OWNE Name Address: gfcC>eakJa7?titrf ______ City:. Phone (home). Phone (work)_ Javrtg._____ ■'•.V Zip:. .•••. .•' DESCRIPTION OF REQUEST Estimated Construction Cost $. Describe request in detail: See _____________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width yC Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO^ITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance witli Zoning Code requirements: aifc-fcaghecJ_________________ (attach additional sheets if necessary) EXHIBIT B July 21,1998 Request for Hardcover Variance The applicant desires to provide winter storage space for lawn fu^ture and equipment for which space is not now available in the existing structure. The existing structure is built on land with a high water tab!: and soil whose instability requires that the foundation be supported by poured concrete grade bea:.;i resting on puu^gs. The high water table does not allow for any more than low headroom space in the area beneath Ac structure. This space can only be reached by a narrow, twisting stairwell inside the house, allo^^'ing for the storage of only small articles. Large articles such as la^vn equipment can not, without great difiSculty, be moved in and out of this space. An exterior entrance to this space would require cutting through one of the grade beams. This, of course, would destroy its structural load-bearing intgrity. There is no other area within the existing structure suitable for this type of storage. To solve this problem, the applicant would construct a small storage shed on the property on an area whose topography slopes away from rather than toward the shoreline of Lake Minnetonka. As such, the hardcover created by this structure would not cause drainage toward the lake. Existing hardcover wthin the 75-250 ft now exceeds the maximum amount allowed. Although there is plenty of property beyond the 250 ft. setback zone, nothing can be built on it because it is wetland. Hardship is thus created'because of the wetland and limitations of the existmg structure. The proposed shed would be located in compliance with all the other required distances from house, wetland, and property lines. It would be built on a raised platform with open ground beneath, allowing for some drainage of roof runoff underneath the shed in order to minimize runoff to the remaining open ground. Although existing hardcover exceeds the maximum amount allowed in the 75- 250KJ3iIBI3Bt6f this hardcover, is on land that drains away from rather than toward the lake. If the area of this portion of hardcover were not included in the calculation, the remaining hardcover would be well within maximum allowed amount for this zone as shown by this calculation: Remaining hardcover draining toward lake Total area in zone % Hardcover Allowed hardcover 3,012.3 S.F. 21,157.5 S.F. l4.3 % 25.0 % Taking total property area and total hardcover mto consideration results in the following: Existing hardcover-75 ft. zone “ “ - 75-250 ft. zone Proposed hardcover Total hardcover Total property area % Hardcover Allowed hardcover as averaged thru all applicable zones 24.0 S.F. 9.654.1 S.F. 168.0 S.F. 9.846.1 S.F. 51,239.0 S.F. 19.2 % 24.7 % Because of the hardship described above along with other mitigating circumstances, the applicant requests a variance from the hardcover requirements in order to erect this shed. te EXHIBIT C ,r^y s (47) t____/ y.y <!%7 .or 15. BLOO «2 j:n^£tc.v> 3l^=s Sir»* « ^ • \ k_T « ^ T .rfri7 \ » w,' h* ‘ I lS.4j ^ (13) I » 1J4: ?!? 2' > 5 fv ^ (4f> :(is:* 1® ® '1 « (5i" jJ^ * Id1271 o| :'■ f: J -A.______L ^ « : 3*1 • a /.:w .' ' 1 .sJ^^ •V ri::^ is. Parcel Information ParctI D 0211723340002 Houaa Numbar 0122S StTMt Nam* SHORELINE OR '. O , A Q LAIE XO E^IBITD ) 600 > ST/.'f n Golf • .\7 . ? s: ri •pitri,, 'v ........Kiinl ’ Wayzala ICf’. a:' Country Qub •itIQ Golf »; Course :* I^V«;.*i*V jJ — '-'* 4 *•; WOOD ^^V'C( Miu Ml ^iT ;• :'>" ^Sf ^ M < d$ S M M i^*au<B ociutoa S M \ “ a 1 JITS^ PEAVIY 6REI1I .YT f . .V mithB .‘i-^vn--. •• •• ; w . • *• • ^ • ^.* ** r. . i^-s , • • • • •»* • • y M* ^ • • • 9 • ; *»v t X*, NKNUIO Peav ey w ^> SSon r * •. - F •“ ‘v^L*. • • -., i* . - -•A i 1*^' *• V * •' • 21. ' • . • V ' . '• •i* *7 • • •» . « _• . *“**.T . ;V*.!- %'' V V -r. V • V ^RAMSEY f- •-. SEE MAP 76 * Point (\ • •. •• .• - . .. r-«' . . W » ■;.• •• - T t-: ■' .* i*-"'.- t 51.^ .. -•*' : y -'* .: * » • *• V* \1 ’.; V :■<•/-.*• .t./ ;•■ ,u; gav ‘ T.-----' W/ / E xhibit e • s /'. 6^. •• /20-00 A/46'52'^ t Ji 4^ i ^ 'H / XJW___• • . •• • •• l»l AtM: '. 54 Z39 Sf /•/^ A&tc.& Ar^a d-nr'zt>«‘ A*€*. »f *7r-»5o*' (S) LAKESHDRE & WETLANDS regulations ORONO OPOINANC? EXCAVATION. PLUNG. GRADING, ?5SgiNG. TREE removal OT CONSTRUCTION Of ANY WITHIN 75 FT OF ANY SHORELINE • SiSvliN ll FT OP ANY WETLANDS-. PERMITS ARE POCKS. SEAWALLS. RjPRAP CITY OF ORONO BUiLOUiflljesRMyriPtiAN review S-ji / /- wttmnHO.niTT ~ ------ ,Y17^ 5fffig5S^l~wS«M«W.tO ' ,ra JStmpwv^-co«^ WB m m Bf£«micmimo 1? * •«• il 1;- &r I h .* f* <V I h • 's g I* F r•• i. I EXHIBIT F fj, 500 M c c t ( ( 4 f! too EXHIBIT G Page 1 of 3 HARDCOVER CALCULATION WORKSHEET # SETBACK ZONE: (CIRCLE ONE) (^75^ 75*250' t, 250-500' EXISTING HARDCOVER IN TOttft; A. Hous<; V _ 500-1000' Lcnjth Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G, Other X . X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPER rv AREA IN ZONE _ _ _O_ _ + B X 100 PROPOSED HARDCOVER TN 70NV. A. House _____________ X Lei^Width B. Garage C. Di>veway D. Sidewalk £. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % X 100 S.F. S.F. S.F. S.F. % A B A B IN ZO^iE HARDCOVER CALCLXATIQNVVORKSHKE1 0-75 A. House \'*.o Length £t.o 75-250’250-500’ M.C6 B. Garage C. Driveway _ D. Sidewalk il.7 C,l.^E. Patio/D :ck _ Wauf« aakle. Zke.pS 16..0 F. Landsccpe 3<s> Underlain 12. By Plastic 7f? Or Fabric . /<?,r G. Other (Stoj£5]L___2_ % X X •< X X X iL X X X X X X X Width 31-3) r.ki H.o ‘V-.3) V I ' (d.ve.'i _J ____ H n.< t.l3 tp.o 5" c:.7r 7 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE . - ^ A f^-l. ) -5- B -3-1. proposed HARDCOVER IN ZONE A. House Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G. Other - X 100 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A I -i- B St/. / Sf,.t X 100 500-1000 @ 7*71,<=> S.F. 0 I tlS, I S.F. ftis.S ^1^1. C> S.F V •! 3 .r 5/5/. h y.1 V. 'L S.F. & —■ Cr‘i^O____ S.F. "S.F. "773.g - 7^5.7 160*0 I in /Xg^ ULSe 70.<? ^ &S-H* I S.F. A g.». 1^‘n.iT S.F. B /y5T6_% S.F. S.F. S-F* S.F. / 1 S.F. S.F. S.F. i *«« _ S.F.^^. ^ s.f( \ •/- \£? XL S.F S.F S.F. S.F. S.F. S.F. (5) S.F* Sl f ; rah S.F. A B fo EXHIBIT G hardcover calcula tion worksheet (CIRCLE ONE) FYlgriNG HARDCOVER IN ZONE TION V 0-75* C^-250 250-500’ 500-1000' hJ Sh^iui x*f. *^0 ^ ■ @) A. House ZL*^.tD Un^ih -«r^. O C^,3> 3 B. Garage C. Driveway^ Xs/axJ ^ D. Sidewalk /X,/Cf E. Paiio/Dcck Udore. l‘i-C'7 ffe.O F. Laoidscapc Q Underlain __________ By Plastic _________ Or Fabric X > X X X X X X X X X X X X X X X -f X Width J.'JJ -fL go.. -r Z y.tS.7 -rlL >4,0 ~ L 6 /1-2- iT /i.5" /0.d> G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3 0^1/ f + B xlOO ppnpnSED HARDCOVER IN ZONE A. House Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X G. -Other TOTAL HARDCOVER IN ZONE total prop^e^tyarea in zone X 100 S.F. (D 1^3 <S> • - S.F.® S.F.CP s.i ao|,3 S/:W ■?7 3^ - I C3.*} ICCP.O 31^,0 S.F. S.F. S.F. S.F. S.F.^ S.F.g^ S.F. S.F. S.F. S.F. ?oXh3 S.F. ^ ;■ t r.7. !T S.F. % A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. ’:-y -■ u .f'j V- 'A S.F. A .. i r/ S.F. S.F. ; S.F. • S.F. S.F. S.F. 'A^02.L3 S.F. I ; ^ S.F. /JL3_% A B u. / HENNEPIN CX30NTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OHNBR NAME TAXPAYBR NAMB/ADDR 3B 02 117 23 34 0002 122S SHORELINE DR GBONEY TUTTLE ET AL TRUSTEE OBONEY A EMILY ANNE TUTTLE 1225 SHORELINE DR HAYZATA MM 55391 CONDMN • PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR 38 02 117 23 41 0009 38 ADDRESS UNASSIGNED MCLEOD CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 CONDMN • PROP ADDR ONNBR NAME TAXPAYBR NAMB/ADDR PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR 38 02 117 23 34 0010 1265 SHORELINE OR L S BOSCH A M A BUSCH LEONARD A MARGARET BUSCH 1265 SHORELINE DR VAYZATA MN 55391 CONDMN 8 38 02 117 23 43 0015 1205 SHORELINE DR K H OBHOFP JR A P J MCNULTY KENNETH H DBHOPP JR A PAMELA J MCNULTY 1205 SHORELINE DR HAYZATA HN 55391 CONDMN i 30 02 117 23 34 0013 1305 SHORELINE DR H J POPP ATE POPP HILLIAM J A TBRI B POPP 1305 SHORELINE DRIVE HAYZATA MN 55391 N • 38 02 117 23 43 0025 1185 FBRNDALB RD N C J A 0 B COSTLBY TRUSTERS GARY B A CHERYL J COSTLBY 1185 FBRNDALB RD H HAYZATA HN 55391 CONDMN i I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OP THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE by EXHIBIT I HO 03 V....} >v j• • ? • %0-, w •V. f 1 ^3. k EXHIBIT J Permit Ko« l\1iO _____ \fl2S 9%li ■37 AP- 53'tl S21k i6'n mio'J ?SS(^ ^/38 PERMIT RECORD Date fV ~7-fe-44 i-n-br V* 9*P4,-'7Y ^9- ^ -/3 ' 9/ 9'o>/ -fa B-u-qi • •• •• Type of Permit Pu/nP LUjSJ^ AtoOlTiOAJ vu^tAj i'^c /ytircu £L(L(s ■ ScrPriC ry^axv-n \* 4 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:August 12,1998 SUBJECT: #2410 Peter Boynton 1973 Fageraess Point Road Variance(s)--Public Hearing Zoning District: LR-IC Lot Area: Application: One Family Lakeshore Residential District (1/2 Acre) 10351 sq. ft. (Needs to be checked for accuracy) The application submitted a plan on July 22,1998 for street, hardcover and average lakeshore setback variances. Staff reviewed the application and sent the applicant notice that the application was incomplete and topographical information with a drainage and grading plan was needed. Staff noted that a handwritten note on the survey indicated "due to grade elevations the plan elevations will change, however, the footprint will remain as proposed. TTiese elevation changes may result in removing the entire foundation, yet rebuilding in exact location to accommodate grade conditions and slope of driveway." Staff was concerned about how this application should be reviewed as either an addition on totally new construction. Revised hardcover calculations and topographical information was received by staff on August 11,1998. Staff determined on August 12,1998, that the applicant was; oposing to significantly change the grade in the 0'-75’ setback which requires a conditional use permit which was not originally requested by applicant nor noticed. There are multiple issues with this application: 1. 2. 3. 4. New construction vs. addition (If new construction, it will be considered the same as a vacant lot needing to meet all setback requirements and hardcover) Grading in the 0'-75' setback-generally discouraged (Requires a conditional use permit and proper legal notices) Hardcover issues in both setbacks, if this is considered new construction then the plan should meet the standards Street setback, if considered new construction, the page-l 6. 7. plan should also meet this setback. A detached garage could be located 1 O' from the street property line if the doors face the side. Height —only a street side elevation was submitted. To determine if the proposed residence meets the height requirements, building staff needs more information. Average lakeshore setback. The existing structure is located forward of the average lakeshore setback and the proposed plan includes adding more structure in this required setback. Lakeshore setback. The existing residence is located within the '75 setback. The proposed addition would be only 30 ’ from the shoreline. STAFF RECOMMENDATION There are multiple issues with this application that caimot be resolved prior to the scheduled public hearing on August 20, 1998. Because a notice was sent for variances only, the Planning Commission should open the public hearing in case there are any comments from adjacent property owners, however, no recommendation to the City Council can be made on the conditional use permit portion of the application because it was not noticed as such. Staff will review the issues with the Planning Commission and the applicant. The Planning Commission should provide direction to the applicant regarding the identified issues. As submitted, staff recommends denial of the requested variances and suggests that the residence be redesigned to conform with all Zoning Code requirements. Attachments A Application B Plat Map C Survey as submitted D Survey 8/11/98 E Hardcover calculations F Building pad G Topo Map H Building plan I Street side elevation J Survey notes K Sewer map A Application U 10 Date Received 7lzil*i6 Amount Paid ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance *')r non-conforming structures $250.00 After-the- act Fees (Double application fee) PROPERTY INFORMATION Site Address (<^1'*) <=Ar^prT?KiFSf 'pnitJT ’RnAt:)_____________ Property Identification Number (P.I.D.) {%' ill--(m 0008 ______________ Attach legal description to application if not ipcluded on required survey. Date Property Acquired ^ f6 ______________________(month/year) I (do) jflo nolh also own the adjacent parcels of land. ____ ___Present use of property: ___presidential Zoning District: LQ. " i O_________ jm\ Other (specify). APPLICANT D /IName H Qiy/jT^ Address:____ Phone ftiome ) 7V2 CfS"^ City: ofUrtvP Zip: OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area \v . • ■V. ... to \ I • • - Setback: ___Lot Width y. Front __Side ^ Hardcover Lot Coverage h V Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property .^conditions preventing compliance with Zoning Code requirements: ^d.Afo —Iti_> ■— (attach additional sheets if necessary) REQUIRED SUBMITTALS -J3. All of the following information must be submitted bv the application deadline date in order for your application to be considered complete; f 1. Completed Application Form V 2. ^ Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center. 348-3270. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8‘/j" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8!4" x 11" for reproduction. Sketches or plans of floor & elevation view's (provide one (1) copy ZVi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include h^e(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 4. ^ 5. P6.X 7. 8. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee pa)nnent) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true Md correct to the best of his/her knowledge. Applicant's Signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of ^vestigation and verification of this request. Owner’s Signature 01 investigation ana veniK Date Applicant must have all submittals into the City offices 25 days before the Planmng 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.' . 8 c/3I ou c/3 O <I < Hc/3 sCO bO u JO cu u•fl a o«g S S^ 4> ii §§ 8 Q 6= Ss° .§ 3f0V6 O ^ • 'V'*^ t o !; 00 o> ID O Is lU o oos u>r^ n 0^ Ul o 8 § 0z <2 X o CO O) d) E o (1) Q ct;UJ Wl g 0z uS <! VO <i> Oo gI o lij (Oo DL §a. •u 4> >o o »oao in £<u o £Zo ■O*o VO Ic (1) TO o d) TO o COI CO<NI o ■t; 03 Q_ •j) o-4—• (/) O)jg U- <i>Eo X 0) o ■t! CO Q. s O E d» 0) Xt o •a 0) Ul O SL O (0 o 00o •uo TJ •a (0 0) J3 ■a «oao CL V) £ d* TO TO CD TO 0) U> O CL O CO O) o <1> TO TO d> (/)o CLo *D d) ■o TJ (0 01 J2 •a 0) Uloao a Ul i3o HI Z u> I o Z § X Ul (0 >- < X I- LUzoN U. O Ul t \ cr.: lUc. ou g i a O wa </) Oo: O o: Ul </)oaoa Q. 0^ Ul Q 5X UJ s a O aoa:aa V- NoJ co II !§- • oo yj^ I O Ul X (/> o O rs I VP oi 111 >ooocc < X oin CM I mr^ (t 111 > OOocc, <X o X 111 0 ifi 3o X <D O) 2 0) (D i $c Q TO t/) Qj 0) in 0) • mmmm 01o: o (D Q OC Ul > Oooa: < X oz X Ul < I-o (O Ulo o on TJ 4» >o £ TO TO JQ *0 TO Wo fi.o (0 £ TO (D O) 2 TO D) X LLI m o O) TO ♦ ro 0 D> C X lU cno> > 01 $ (U <D > m 0 Mv:^ 01 c CO —r 0 CM —r 3081476|0 00 CN CO 03 cn Lm. < ii < ns m 5 oc Lii■Mi d>m 0 > • MU iw a 0 L.>0 Q Q P0 to (D (/)o 1 >Q.—JC • •X (0 a:<P e> 0 l/>0^0 3 D) 0>O)OJ • C tW c U c CO • MM QC U)0) 0 X MM •—lUX01XU)X LU c LU C LU ca 0mmm «/)OJ • (/) < h- 0 *x 0 "x 0 0 H LU K LU H.I— 1W>CD a T“ T*CO fO •• Q ce:0^ UJ 0 >I LL0tu > 0 < X 0^ LU 0 -J + CD < X LJ Q 0 Z 3 • 0 u.X 0 UL • L-0 u_< •maX < D L> ►- O Oo oo (/> (A UJ OC Q. lil O UJ q: 3 O CA CD Ul UJ oa. CA u. c o (A > m 0^0 UJ ^ in ^ "z O cr> 4> c c a:ou. c 9 O ^ Ql c « o ); c o o in in O) V z ijj X o c o c O o a. o II I —V-. I / ~ * —i'l I ~ "1/ # o»r. _ 1^ new Vz-a v>’-^ -fo >'PASMCd xooK^ttr \ ti«.wT. STAlO. 1 f^xiT •rvlNNC u 'latriiT GAl>iU . ___fa-o ^ V / ■Ti? \ V -1 05 J,' \ \-' ; \\\ ^ TT=Vr—U I •• V ■'''" -■'I-A ^VCulA) / KfMarit q'.o 1^ »z*?» P<rep«»fb H6^ A^iTiOn '^lUOlK)^ Pt>J^ Af. t StYseet Etevfthcw H . • J 4 1 % mgsMsisassi »iO»G % Tc> O jP-ade Ev.Eut<rTit>Ajs 'THs.T ^U^O^'ViO/x'T tOi VI cVVAMto^^ V\ou^^ViSrfO -tfc^VV& 'SacA'Prifii o^&uLt^ R.EyvKAivV ^ropc>5»etb • A\^y c> '^ :j :m ^EA\Civj.vAG> ‘ F£>oa)AaT*oa3 , f>^ _ -w ^ j VET~ J2.€--T2 w 1 Lti i(«<j> C^»* RhacT LootfT*o^) ‘ To A<:<.eir>^oCtysre CiaAtiS COW {><'^**^5' 6U>pE oF Ton-ivjeco^r tNW£> ■ <* • m HARDCOVER WORKSHEET JOB 9 S082101-*J<nEXISTING HARDCOVER Area Tot Home 960 Deck 210 TOTAL EXISTING HARDCOVER PROPOSED HARDCOVER CHANGES Items proposed to be removed Area Part of deck under new addition -60 Flagstone walk -60 Part of existing home -26 Total Items proposed to be removed Items proposed to be added Proposed addition 408 Proposed deck 96 Total Items proposed to be added ■■MtattfikaSEDilARDCOVER CHANGES V^5 Pr PC* LAKE MINNETONKA WEST ARM •pEIEt -fo&jmoN 1^13 POlhir eoa«p Vl-ew -ftorrv ^^e£Jr- To: From: Date: Subject: Chair Smith and Planning Commission Members Mike Gaffron, Senior Planning Coordinator ( August 14, 1998 Proposed "Interim Use" Ordinance List of Exhibits A - Revised version of proposed ordinance B - Memo and Exhibits of August 4, 1998 At your August 14 work session, the Planning Commission members present voted unanimously to omit the requirement that the City create a list of allowed Interim Uses. You indicated you would prefer to follow the Roseville model and leave it entirely to the Council ’s discretion as to whether a proposed use is acceptable on an interim basis. While this provides only minimal direction to the property owner or potential users, it gives the Council an unlimited set of options. In reviewing this ordinance with City Attorney Tom Barrett, he has indicated that while a list of allowed interim uses apparently is not strictly required. Planning Commission and Council should give some thought to potentially opening a pandora's box of non-residential uses in our primarily residential zones. The legal issue is not so much that of a neighbor's right to protection via zoning limitations, but that if all relevant factors are the identical, a neighboring property would have to be allowed the same interim use. I think his bottom line is that there is some merit in having a list, because it would protect the Council from having to respond to an unlimited range of potentially unfriendly uses. The ordinance has been redrafted to omit the requirement for a list. A public hearing has been scheduled for Monday's meeting and must be opened for public comment. After the hearing. Planning Commission should take a final vote of recommendation to the Council. Staff Recommendation Approval of the attached Interim Use ordinance, specifying whether language requiring a list of acceptable interim uses should be required. § 10.50 20. Office/warehouse excluding explosives and haTardoiis waste, and excluding distribution centers: with a minimum of 20% of the floor area devoted tf> office use. 3^21. Paper products. 24t22. Pharmaceutical products. 3fr23. Products made of glass, cellophane, leather, plastic, wood. 36 t24. Shoes and footwear. 3?t25. Sporting equipment. 38 t26. Television, radio and appliances. 39r27. Tools, hardware and small metal products. 30728. Warehousin g, excluding explosives and hayardnus wastes, and excluding distribution centers. 29. Wholesale showTOom. Subd. 3.Conditional Uses. A. Within any "I" District, no structure or land shall be used for one or more of the following uses except by conditional use permit: 1.Accessory structures. Farm equipment sales, rcpaif and sto rage. 3r 4r Heliports as an accesso ry use fo r that property. Moto r fuel statio ns. &:------Open sales lot s. 6t2x Outside storage. The area of outside storage mav not exceed an amount equal to 10% of the floor area of the structurefs^l on the property. i. Office/warehouse excluding explosives and hazardous materials, and excluding distribution centers: with a minimum of 10% of the floor area devoted to office use. Public service structures. 8:------Ratiread switch yards, team tracks or freight houses; 9r5i Research laboratories. Residence necessary for security and safety in relation to a permitted use or conditional use. ■HtZ. Restaurants (Class I) which are located in and mainly servicing the personnel employed in that structure. Planned Industrial District as regulated by Section 10.51. Source: Ordinance No. 172 Effective Date: 1-1-75 &------Antenna Structure. One independent antenna structure, with antenna o r eombination --of ontenna -attaehcd-thereto, subo rdinate to and servicing-the principal use or structure on the some lot and customarily incidental thcrcto that is not attached to anothe r stnieture § 10.50 pro vided the heigh^of the antenna stfucture doe s not exceed 65 feet and the antenna structure is 8 Ct back from any lot line a distance at least equal to -thc-total height of the antenna atructurc. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within any "I" Industrial District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-l”'- District. Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. B. Building Area. Each individual building shall have a gross floor area (not including basements) of not less than 5,000 square feet when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants. C Lot Coverage. Not more than 30% of the total area of any lot, tract or parcel of land three acres or less in size may be covered by buildings or other stmetures. Not more than 4f 35% of the total area of any lot, tract or parcel of land more than three acres in size may be covered by buildings or other structures, except that when the total building floo r area on a site is contained within a single building, and when the total area used fo r loading terminals, docks and bertha ia completely cnelo scd within the same single building, a lot coverage of not mo re than 60 % will be pennitted. D. Height. No structure or building shall exceed three stories or 40 feet in height except as provided in Section 10.75. E. Building Setback and Yards. '< Street Setbacks. All buildings and structures must be set back at least 75 feet from the rigiil-of-way of any highway or street which has been designated as limited access, freeway or expressway; and 50 feet from those designated as thoroughfares, collectors, minor or secondary streets. Where the district abuts or adjoins an "R" District there shall be a building setback from that street of not less than 75 feet. 2. Side Yards or Rear Yards. Any building or structure required by any building code adopted by the City to have openings in the rear wall, shall be erected no closer than 30 feet to a rear property line. Where rear wall openings are not required by any such code, and the rear wall has no openings, buildings or structures may be constructed to within 10 feet of a rear property line. No building or structure shall be erected any closer to a side property line than a § 10.50 distance equal to one and one-half times the average building height. Where the district abuts or adjoins an "R” District, the side or rear yard abutting such residential district shall be not less than 100 feet. F. Building Design and Construction. The addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick; or, (b) Natural stone, or, (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; or, (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, 21: glass, prefinished metal (other than unpainted galvanized iron) or plastic; provided that metal, plastic, or a combination of these materials shall not comprise more than 25% of a building’s exterior finish: if any wall of the building or structure faces a street or abuts an "R” EHatrict; then that wall shall hove at least one-third of its surface of materials other than pfcfinished metal and the remaining walls shall have at least one-fifth of their surfaces of materials other than prcfinishcd metol; or, (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed afier the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction a.nd shall be designed in a maimer conforming with the original architectural design and general appearance, subject to meeting the requirements of Subd. 5. f 1. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. G. Off-Street Parking. In addition to other restrictions of this Chapter, off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and shall be properly drained and landscaped, and shall be maintained in a- sightly and well-kept condition. No parking area shall occupy any required setback except on lots, tracts, or parcels having two or more street frontages. On lots, tracts, or parcels having two or more street frontages, 50% of the required setback from one of the streets, designated as a thoroughfare, collector, minor, or secondary street and not adjoining a residential district, may be occupied for parking purposes only; provided, however, that parking shall not be located within the required setback area in front of the building. No parking shall be located closer than ten feet to a side or rear lot line, nor closer than ten feet to any building. Each § 10.50 parking space shall have a minimum width of nine feet and a minimum depth of twenty feet exclusive of aisles and maneuvering space. All parking areas containing more than six spaces which face either a public street or residentially zoned property shall have a solid wall or fence of not less than four feet nor more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved by the Council may be substituted for the required wall or fence. H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading into or out of trucks in excess of three-fourths ton capacity or railroad cars, shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: 1. Amount Required. Loading facilities of sufficient number to provide for the requirements of each use shall be provided on the premises of each principal and accessory use. The exact number required will depend on the nature of the principal and accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or major fraction thereof 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the pnncipal or accessory use and they shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing in the berth. All berths shall be screened from view from the property’s street frontages by a solid wall of not less than ten feet in height. Such walls shall be so designed that they are architecturally harmonious with the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length, 14 feet in width and 15 feet in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located within the perimeter of the building housing the principal or accessory use. Where located on a street frontage, they shall be completely enclosed. No berth shall be located within the required side or rear yards. All berths shall be physically separated from areas used for off-street parking except for connecting driveways or aisles. No maneuvering area shall be located within ten feet of a side or rear property line. I. Storage. In addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; of. if outside storage is allowed bv conditional use permit, it must be completely screened bv a fence or wall of materials compatible with the character reflected in Paragraph F. Building Design and Construction, as approved bv the Citv: Of shall be screened bv § 10.50 a fence or wall not less than five feet in height and net leas them 50%-opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the permitted parking areas. J. Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Council at the time the building permit was issued. It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained. K. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff v\diether onto adjacent property or otherwise must be in compliance with the Surface Water Mani^ement Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 i X \APPS\WTWIN60\WPDOCyLINMlESO-ORDvCODEI050 RES ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 ROLL The Orono Planning Commission met on the above date with the following members present; Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg, Lili McMillan; Charles Schroeder was absent. The following represented the City Staff; Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6;33 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES, 6:35 p.m. • 6:55 p.m. Mr. and Mrs. Kirk Otteson were present. Van Zomeren stated this application was considered at the June 15.1998 meeting and was tabled to allow the Applicants time to submit revised plans that propose to add an addition to the existing residence. The Applicants are proposing to add a second floor to the existing residence which requires variances for average lakeshore setback, bluff setback, and hardcover in the 75-250 ’ range. The proposed structure meets all the required height requirements and does not impact significantly on the bluff line. Van Zomeren noted the existing hardcover is 24.15 percent, with the allowed hardcover being 32.19 percent. The Applicants had proposed eliminating the sidewalk and a portion of the driveway turnaround to reduce hardcover, but due to safety concerns. Staff recommends the sidewalk and the driveway turnaround be allowed to remain. Chair Smith inquired what the proposed hardcover was for the first plan calling for an addition to the house. Van Zomeren stated the first plan called for hardcover of 29.4 percent. Chair Smith noted the hardcover under the revised plan is 27 percent There were no public comments. Stoddard moved, Lindquist seconded, to approve Application #2368 allowing a second floor to be added to the existing residence located at 710 North Arm Drive and to grant variances for average lakeshore setback, bluff setback, and hardcover in the 75*-250' setback. NO VOTE TAKEN. Chair Smith inquired of the Planning Commission whether they would like to consider adding a stipulation to the motion restricting further hardcover. Stoddard replied he would like that item to be discussed as a group before a decision is made concerning this property. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Kirk Otteson, continued) Lindquist stated if the property is over the hardcover limit, a restriction should be placed against the property restricting further hardcover. Hawn noted agreement. Stoddard amended his motion by adding the stipulation that no additional hardcover will be allowed on this property. Shirley Wickman stated the Planning Commission is inconsistent in their applying of hardcover restrictions and perhaps should consider adopting a blanket policy to handle future hardcover requests. Stoddard noted the Planning Commission and City Council have held a joint meeting to discuss hardcover requests, and the concensus was to be more conservative in granting variances to hardcover. Chair Smith commented some hardship aspects of the property warrant additional discussion and review by the Planning Commission. Overall the Planning Commission is trying to honor the existing codes on the books and to be as consistent as possible. Chair Smith said it is the Planning Commission's intent to put those property owners on notice who have exceeded the hardcover limit by restricting additional hardcover. Otteson stated he understands the stipulation Hawn moved, Lindquist seconded, to add a stipulation to the motion calling for no further hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND MOTION: Ayes 6, Nays 0. (#2) 2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD - VARIANCES AND CONDITIONAL USE PERMIT, 6:55 p.m. - 7:13 p.m. Mr. and Mrs. Gary O’Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and June 15.1998 meetings. The Planning Commission recommended the Applicants limit hardcover to 25 percent in the combined 7S'-250' and south 0-75' zones. The Applicants were also requested to submit a revised grading plan. Gaffron stated the Applicants have submitted a revised plan calling for a total hardcover of 5.725 square feet which meets the Planning Commission's recommendation from the last meeting. The revised plan calls for a newly constructed one-story home with an attached three stall garage, and the Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio, which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading is proposed In the north 0'-75 ’ zone to blend contours from old foundation to new home. The grading plan needs to be further defined if revisions are still planned along the north 0'-75' lot line. The Applicants are also proposing to construct an optional retention pond in the south 0'-75' zone for potential mitigation of additional hardcover. Gaffron commented this new proposal meets the Planning Commission's recommendations from the prior meeting, and Staff is comfortable with the revised plan. Gaffron noted Resolution No. 283 “: adopted back in 1990 granted variances to this property and contained language in the resolution which led the Applicant to conclude that he was entitled to more Page 2 \ ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (Gary O'Keefe, continued) hardcover than what is being recommended by the Planning Commission. Hardcover back in 1990 without the two zones being combined was at approximately 6,800 square feet. Chair Smith questioned whether Staff had any concerns regarding the drainage for this property. Gaffron remarked Staff is comfortable with what is being proposed. Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and a portion of the driveway, but would like the Planning Commission to consider allowing a retention pond as mitigation in exchange for additional hardcover. Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance, but stated the size of the house could be reduced to allow for the patio. Chair Smith asked for public comment. Mark Versig, neighbor, commented he is aware and in favor of what the O'Keefe's are proposing to do, noting that the drainage prob'ems should be alleviated by the proposed grading. Sharratt stated what is currently being proposed is the best plan for this property. Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation for additional hardcover. McMillan stated she would not be in favor of additional hardcover in exchange for the retention pond since it would be setting a dangerous precedent, but felt the retention pond would be an ideal solution to the drainage issue. Lindquist stated he was in favor of the proposed plan with the exclusion of the patio. Stoddard noted the size of the house or the driveway could be reduced to allow for the patio. Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for the patio. Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to decide whether the patio is desired. Hawn stated she also was in favor of limiting the hardcover to 25%. Gaffron commented if the O'Keefe's decide to add a retention pond, that would need to be done under a separate application. Lindquist moved, Smith seconded, to approve Application #2370, granting a conditional use permit for grading within S' of a lot line and within the 0-75' lakeshore protected area to permit construction of a new residence to replace the existing residence for the property located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25% in the combined 75*250' and south 0-75' zones with no additional hardcover being allowed. Per the request of the O'Keefe's, the patio will be eliminated. VOTE: Ayes 6, Nays 0. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 SCHEDULED PUBLIC HEARINGS (#3) #2388 W. WYATT MOE. 1220 LOMA LINDA AVENUE AND 1230 SPRUCE PLACE - VACATION, 7:13 p.m. - 7:18 p.m. Mr. and Mrs. Moe were present. Gaffron stated the Applicants are requesting that the City vacate a portion of Portland Place lying between Blocks 1 and 2 of Saga Hill Revised. Gaffron gave a brief history regarding the prior attempts at vacating a portion of Portland Place, noting that the title examiner has questioned the validity of the 1979 vacation since no documentation was found that a public hearing was held prior to the vacation. Staff recommends approval of the vacation for that portion of Portland Place from the north end of the Udell's lot down to the south side of the Moe property. Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated. The Applicants had no comment. There were no public comments. McMillan moved, Smith seconded, to approve Application #2388, granting the vacation of Portland Place located between Blocks 1 and 2. Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated and to grant any other utility easements if determined necessary by the utility companies. City Council is to determine whether a refund of the vacation fee is warranted. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#4) #2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT (#5) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT (#6) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH • CONDITIONAL USE PERMIT (#7) #2387 BUSSE CONSTRUCTION ON BEHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE - CONDITIONAL USE PERMIT, 7:18 p.m. - 7:25 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Van Zomeren stated these applications deal with the request by Busse Construction to haul in fill on these properties which requires a conditional use permit. Busse Construction is currently working on the County Road 6 project for Hennepin County. City Staff recommends approval of the conditional use permits subject to septic testing before any fill is filled in and subject to properly installing vegetation at the time the land alteration is completed Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Busse Construction, continued) Staff has reviewed the sites and has found no drainage concerns. Patrick Brazil. Busse Construction, stated the Colgrove property probably will not be used. There were no public comments. Van Zomeren noted the land alterations are permanent. Van Zomeren recommended approving all four applications in the event the Colgrove property is needed. Lindquist moved, McMillan seconded, to approve Applications #2381, #2382, #2386, and #2387, Busse Construction on behalf of James Johnson and Charles Larson, 4300 Watertown Road and 4285 Sixth Avenue North; Tim Otten, 425 Tumham Road; Katherine Colgrove, 4260 Sixth Avenue North; and Bob Gehrman. 4300 Sixth Avenue, subject to testing of the septic systems prior to commencement of any hauling of fill, and further subject to the condition that vegetation is properly installed on the properties following the land alteration. VOTE: Ayes 6, Nays 0. (#8) #2385 STEPHANIE KROEGER, 3465 CRYSTAL PLACE - VARIANCES, 7:26 p.m. - 7:33 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Stephanie Kroeger was present. Weinberger stated the Applicant is proposing to tear down an existing one stall garage with attached storage to construct a new two stall garage in the same location which requires a variance from rear and side yard setbacks and a second variance from hardcover requirements within the 500' to 1000' lakeshore distance. Total hardcover for this property is 52.2% or 3,466 square feet. After construction total hardcover would be reduced to 48.6%, which is a 3.6% decrease. Weinberger noted the Applicant shares the driveway with the adjoining property. Staff recommends approval of the variances from rear yard setback and side yard setback requirements to allow a three foot setback for the construction of a garage to replace the existing garage, with denial of the variance from hardcover requirements within the 500' to 1000' lakeshore setback based on the excessive hardcover on the property. Ms. Kroeger stated the present hardcover consists primarily of living space which rests on a small lot. The driveway is split down the middle. Weinberger noted the overall hardcover will be reduced after construction, but still exceeds the 25% limit. Hawn stated she feels the present hardcover is high, noting the owner is proposing to build on previously existing hardcover. Hawn commented the Applicant requires all the variances to construct the new structure, which will result in a better situation as far as total hardcover is concerned, and is in favor of the application. McMillan stated she was in favor of the application, noting there is a hardship. Chair Smith stated the proposed structure is in keeping with the rest of the neighborhood. Page 5 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2385 Stephanie Kroeger, continued) Lindquist stated he does not have a problem with the application There were no public comments. Hawn moved, Berg seconded, to approve Application #2385, granting of variances from rear yard setback and side yard setback requirements to allow a three foot setback for the construction of a garage to replace the existing garage located at 3465 Crystal Place, and to grant a variance from hardcover requirements within the 500' to 1000* lakeshore setback which will reduce the present overall hardcover, with the stipulation that no further hardcover will be allowed up to the structural coverage of 1,500 square feet. VOTE: Ayes 6, Nays 0. (#9) #2389 DANIEL J. KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT, 7:33 p.m. - 7:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kluth were present. Weinberger stated the Applicants are requesting a conditional use permit for a guest house that will be used as a game building. The Applicants are proposing to install plumbing, consisting of one toilet and one sink, into the structure. A building permit was issued on June 10. 1998, to construct the building as an accessory structure, which is a permitted use. A conditional use permit is required for the plumbing. The Applicants' lot consists of 2.71 acres, which requires a variance from minimum lot size. In order to support a guest house, a minimum of four acres is required in the LR-1A zoning district. This structure should have low impact to the surrounding neighborhood as it is being constructed on a very wooded lot. Mr. Kluth stated the proposed building is a two-level building with a full-length basement. The structure will be used solely for the purpose of a game building. Kluth commented he does not view the structure as a guest house since people are not going to steep there, and was unaware of the 50’ setback required for a guest house before construction was commenced. Stoddard noted his house was cited in the history as having a guest house, which was pre-existing at the time the conditional use permit was applied for and already had plumbing installed. The conditional use permit simply made it legal in the eyes of the City. Stoddard noted the Planning Commission will be re viewing an amendment to the guest house ordinance later in the meeting to deal with these accessory structures that have plum jing. Chair Smith noted there are several other properties in Orono with accessory buildings. Van Zomeren remarked a conditional use permit is required whenever plumbing is installed and the structure can become habitable. McMillan inquired whether the existing septic system can accommodate the additional bathroom. Kluth stated the septic system has been inspected by Steve Weckman and will be able to accommodate the additional bathroom. The present residence is a four-bedroom house. Van Zomeren stated the property is probably sized for a five bedroom house. Stoddard stated he does not have a problem with the application, noting this type of application is Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2389 Daniel Kluth, continued) becoming more common. Hawn remarked the ordinance needs to be addressed regarding guest structures before a decision can be made on this application. Hawn noted the Planning Commission and City Council has previously informed people that the plumbing has to be removed in several cases where a new structure was being proposed to prevent that accessory building from becoming a dwelling unit. Kluth stated the structure will not be used as a dwelling unit. Hawn commented once plumbing is installed, the structure could be used as a dwelling unit in the future which is difficult for the City to enforce. Hawn stated the City Council should have an opportunity to review the ordinance before a decision is made on this application. McMillan noted a shower could be installed in the unit without the City knowing about it. Lindquist suggested tabling the application until the ordinance could be reviewed. Chair Smith asked if the building was considered a garage with no plumbing, would any variances be required. Weinberger stated no variances would be needed if the structure was constructed without plumbing. There were no public comments Lindquist stated the Planning Commission will either deny the application or table it until the ordinance is reviewed. Lindquist suggested the plumbing could be roughed in and not installed. Kluth inquired whether his application could be heard after the ordinance was reviewed later this evening. Lindquist commented the City Council needs to approve the ordinance after it is reviewed by the Planning Commission, and suggested the Applicant proceed with the construction of the structure without the plumbing. Kluth inquired what would happen if the application is tabled. Van Zomeren staled the Applicant would need to agree to a 60 day extension, noting the present ordinance does not adequately address this issue. McMillan requested Staff prepare a report regarding the septic system. Kluth agreed to the extension. Lindquist moved. Smith seconded, to table Application #2369, for property located at 2801 Fox Street, with the understanding the Application will be extended an additional 60 days as of August 22,1998. VOTE: Ayes 6, Nays 0. (#10) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCES. 7:56 p.m. - 8:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2390 David Rahn, continued) Mr. Rahn was present. Van Zomeren stated the Applicant is requesting a hardcover variance in the 75'-250 ’ setback to construct a double garage, retaining wall, and driveway. Variances to the side yard, hardcover and lakeshore setback were granted in 1997 to change a cabin into a residence. A conditional use permit was also granted to allow for land alteration in the 0-75' setback, with a portion of the lot being located below the flood plain elevation. Van Zomeren noted currently there is 792 square feet of existing hardcover in the 75 ’-250 ’ zone and 1,320.75 square feet of hardcover in the 0-75' zone. The total allowed hardcover for this property is 1.978 square feet or 25% The proposed hardcover totals 3.797 square feet, which represents more than what the previous City Council resolution allows. Staff did not make a recommendation regarding this application. Rahn reviewed the minutes of the July 14,1997 City Council meeting, noting he was not aware of the hardcover restrictions until recently. Rahn stated Mayor Jabbour recommended approval contingent upon no additional variances to hardcover, with the allowed hardcover being cited at 1.978 square feet. Later in the meeting the hardcover was reduced by 1,300 square feet. Rahn stated 652 square feet of hardcover is allowed under structural If hardcover is limited. Rahn stated he would construct a garage without a driveway There were no public comments. Chair Smith commented this is a unique property where the owner has converted a cabin into a residence. Chair Smith raised concerns about the need for correct hardcover numbers regarding this property. Van Zomeren noted Staff is making copies of the minutes from the July 14, 1997 City Council meeting for review by the Planning Commission. Rahn stated he had the understanding he would have 1.000 square feet of hardcover remaining before construction of the garage. Van Zomeren stated the City Council granted a variance from hardcover in the 0-75 ’ zone allowing an increase in hardcover from 9% to 19%, a variance to the side yard setback, and a conditional use permit for land alteration subject to the following conditions: no new hardcover will be allowed in the 0-75* setback, with any new hardcover in the 75'-250 ‘ zone being reduced by the amount of hardcover in the 0-75* zone. Van Zomeren stated the overall harccover for this property is restricted to the amount allowed in the 75'-250' zone. Chair Smith noted the two zones were combined into one. Rahn remarked he co' Jd construct a 24 by 26 garage without a driveway. Rahn stated he presently has no storage on his property and would like to construct an accessory building. McMillan commented setbacks need to be maintained. Hawn stated the City Council addressed this property quite recently, noting the decision should be made by the City Council whether the resolution shoulo be amended. Hawn remarked the current proposal is outside the recommendations of the City Council. Page 8 r ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2390 David Rahn, continued) Chair Smith suggested the application may need to be revised because the garage cannot be accessed without a driveway, noting the Applicant has 657 square feet of available hardcover remaining. Chair Smith stated the Applicant knew the restrictions of the lot when the property was purchased. Van Zomeren stated the Applicant is allowed to go closer to Rest Point Road to stay out of the floodplain. Chair Smith stated City Staff is willing to assist the Applicant, and inquired whether he would like the matter tabled to allow him to submit revised plans. Rahn stated he would like the matter to be put before the City Council. Chair Smith noted the City Council has the option to approve or deny the application. Rahn inquired whether the property being located in the floodplain would be considered a hardship. Chair Smith stated the Planning Commission applies the codes as uniformly as possible to all properties, noting some properties are not able to accommodate all the wishes of the property owner but have to stay within what is acce'^»able for the neighborhood and City. Berg noted the Planning Commission is becoming more restrictive on hardcover in an attempt to comply with the ordinances. Smith moved, Hawn seconded, to deny Application #2390 as proposed for property located at 1385 Rest Point Road. VOTE: Ayes 6, Nays 0. (#11) #2392 THOMAS BERSCHEID. 1365 REST POINT ROAD - VARIANCES, 8:28 p.m. - 8:35 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Berscheid was present. Weinberger stated the Applicant is requesting a conditional use permit to construct a detached garage on a through lot and a variance from lot setback requirements for an accessory structure. A conditional use permit is required for accessory buildings located on through lots in R Zoning Districts. Berscheid stated he is interested in constructing a loft above the garage with plumbing, and inquired whether it is permitted under the ordinances. Weinberger stated a conditional use permit will be required for a guest house. Chair Smith stated the Applicant would need to apply for a conditional use permit. L'ndquist stated the Planning Commission cannot approve a conditional use permit to install plumbing in an accessory structure at tonight's meeting. There were no public comments. Weinberger noted the proposed structure meets the lot requirements. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2392 Thomas Berscheid, continued) Stoddard noted the accessory structure cannot exceed the principal stri cture in height. Berscheid stated the proposed structure is 20 feet in height, which would not exceed the principal structure. Lindquist moved, Hawn seconded, to approve Application #2392, granting a conditional use permit to construct a detached garage on property located at 1365 Rest Point Road subject to, 1) the Applicant obtaining a building permit from the City of Orono prior to construction of the garage; 2) the garage is constructed in substantial conformance with the survey dated May 19,1998, and; 3) the Applicant receives a building permit within one year of City Council granting the conditional i se permit. VOTE: Ayes 6, Nays 0. (#12) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD - VARIANCES, 8:35 p.m. 8:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted Mr. and Mrs. Kail were present. Van Zomeren stated the Applicants are proposing to remove an existing carport and ’• 1 a 20 by 20 detached garage. Variances are required for side yard setback to allow the garaye to encroach into the 10 foot required side yard, with a variance for hardcover being required in the 250'-S00' setback. Van Zomeren noted this is a substandard lot, less than 1/5 of an acre, and does not meet the lot area or lot width standards. Existing hardcover is at 39.4 percent, with the limit bt ,ig 30 percent. The existing driveway, which is located on the subject property, also provides access to the adjacent lot. Mrs. Kail stated they would like to remove the shed located at the front of the property and erect a garage where the existing carport is. Chair Smith inquired whether the existing garage on the adjacent lakeshore property, which is owned by the Kails, could be added onto. Mr. Kail noted that if a stall were added to the existing garage, it would give the garage the appearance of a long barn. Mrs. Kail said she was not opposed to that idea. McMillan noted the properties are not combined. Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do so in the future. McMillan stated she would be in favor of a oversized one-car garage to replace what is currently there. Mr. Kail commented a sewer line goes through the middle of the property which reduces possible sites for the garage. Mrs. Kail stated a 20 by 20 garage allows for two cars, and inquired whether they coulti construct a car and a half garage. Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (#2393 Richard and Carol Kail, continued) Van Zomeren stated the typical parking stall is 9 by 20 feet and they could construct a 12 or 14 by 20 foot garage. McMillan stated she would be in favor of a 12 or 14 by 20 fool garage. Mr. Kail commented they lost some land when the road was improved in the area. Stoddard stated he would be in favor of a 14 by 20 foot garage. Van Zomeren noted there is a required ten foot setback from the house to the garage. McMillan inquired whether the applicants would be in favor of an attached garage. Mrs. Kail replied no. There were no public comments. Lindquist inquired whether the applicants were comfortable with adding a 14 by 20 foot garage. Mrs. Kail commented a 14 by 20 fool garage is belter than what is currently there. Van Zomeren stated the proposed garage would leave a 20 foot depth for a side-loading garage/drive whicn is ten feet short of the preferred minimum of 30 feet. The side yard setback would be 10 feet. Lindquist stated he would be comfortable with the 10 foot side yard setback and a maximum of 50 additional square feet in hardcover for the driveway. Chair Smith noted the 10 foot side yard setback is required because the two properties are not combined, and if sold as separate lots, they would be in conformance with the ordinance. Lindquist moved. Smith seconded, to approve Application #2393 for the property located at 2917 Casco Point Road, with the understanding the proposed garage will be constructed 10 feet off the side yard and rear yard setbacks, a maximum of 50 square feet of hardcover will be added for driveway, the existing shed and concrete will be removed and replaced with a 14 by 20 foot garage. VOTE: Ayes 6, Nays 0. (Recess was taken from 8:55 p.m. - 9:03 p.m.) (#13) #2394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE - VARIANCES, 9:03 p.m. • 9:23 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gary Bimbaum and a representative from C. Peter Pearson Company were present. Van Zomeren slated the Applicants are requesting a hardcover variance and side yard adjacent to street variance. The Applicants are also requesting to have access off of Lydiard Avenue to reduce the amount of hardcover for the driveway. This property is located in the LR-1B. which has a one acre minimum lot requirement. The property is comprised of two lots. Lot 1 consisting of .51 acres and Lot 2 consisting of .38 acres. Van Zomeren noted the property was granted a lot area variance on November 10.1997. and one of Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2394 C. Peter Pearson Company, continued) the conditions of the Resolution was that no further variances be granted for Lot 1 or Lot 2. The proposed residence, driveway and sidewalk exceed the 25 percent limit for hardcover in the 75'-250 ’ setback. Staff recommends the Planning Commission limit the application to what was previously approved by the City Council. The representative stated if access is granted off of Lydiard Avenue, the hardcover would be reduced to 29.2 percent, and If access if off of Kelly Road, the hardcover would be 33.5 percent, with 25 percent being allowed. There were no public comments. Van Zomeren noted two letters were received by the City, with copies being given to the Applicant. Chair Smith stated one letter is dated July 20 from Dan Griesbach and otie dated July 16 from Richard Rice. Chair Smith noted both letters express concerns about access off of Lydiard. citing possible erosion, loss of park habitat, and the road condition of Lydiard Avenue. Chair Smith inquired whether access would be coming off of the public beach. Van Zomeren stated if access is off of Lydiard Avenue, it would be on park property. Van Zomeren noted the Park Commission was not in favor of access off of Lydiard Avenue. Staff is not recommending access off of Lydiard Avenue. Bimbaum stated the fence limit access off of Lydiard is only there for six months of the year and if access is granted, the environment would not be altered. Birnbaum stated the road does not need to be asphalt. McMillan stated she was 100 percent behind the City Council's recommendations, noting the restrictions for this property were known and clearly spelled out when the property was subdivided. Stoddard stated he was not in favor of overruling the City Council's Resolution. Stoddard noted the Park Commission has discussed the possibility of closing Lydiard Avenue year-round. Chair Smith stated if action is taken on the proposed application, the Planning Commission will probably deny it. or the Applicant may wish to have the matter tabled until revised plans can be submitted. Bimbaum stated this property is presently unbuildable with the restrictions imposed Chair Smith noted the City Council stated they would not grant further variances for this property. McMillan commented the City Council dictated the conditions under which this lot could become buildable and the Applicant needs to convply with those requirements. Birnbaum requested the Planning Commission act upon this application. Smith moved, McMillan seconded, to deny Application #2394 for property located at 2697 Kelly Avenue. VOTE: Ayes 6, Nays 0. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#14) #2395 BRENT BENTROTT, 1453 PARK DRIVE • VARIANCES AND VACATION. 9:24 p.m. • 9:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Brent Benlrott were present. Van Zomeren stated this lot is located in the LR-1B zoning district, which has a minimum of one acre. Van Zomeren stated the applicants are requesting that a 10 foot portion of platted, but unopened, Bluff Street be vacated to allow an existing deck that is along the west property line to be remodeled into a three-season porch. The vacation is also requested in order to build a new garage that would be accessed from Bluff Street. Variances are needed for hardcover in the 0'-500' setbacks. Variances are also required for the side yard adjacent to street setback from Bluff Street to add the three-season porch, and a variance to the side yard setback for the proposed garage because it is considered an oversized accessory structure. Van Zomeren stated this application is dependent on the vacation, which traditionally have not been granted, and recommended the Planning Commission consider that portion of the application first. Bentrott stated they are proposing to build a new garage which would be located closer to the residence which should help reduce hardcover. Bentrott stated he didn ’t know a fire lane was considered a road Mrs. Bentrott stated they would like a portion of the existing deck turned into a three-season porch. Chair Smith inquired what the practical use of the fire lane was. Van Zomeren stated any access off of the lake would need to also be reviewed by the utility companies and the DNR, who would probably deny the request. McMillan stated the Planning Commission might be setting a precedent if the variance is granted, noting she was not in favor of the vacation. Lindquist remarked he does not think realistically this application would be approved as proposed. Bentrott stated they suggested using the fire lane as one option. There were no public comments. Chair Smith inquired what would happen if the vacation is denied. Van Zomeren stated if the vacation were not granted, the Planning Commission would be looking at a side yard adjacent to street setback to build right on the property line, no additional hardcover, and ttie conversion of the deck into a three season porch would be considered a structural change, and at least ten feet would be required between the accp .sory buildings. Bentrott stated he would be in favor of constructing the garage under 750 square feet and ten feet from the neighbor's building. McMillan stated she would be in favor of the three season porch and a redesigned garage with proper setbacks from side yard with no additional hardcover in the 75 ’-250‘ and 250’-500' zones. Lindquist stated the garage cannot be constructed right on the properly line. Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2395 Brent Bentrott, continued) Bentrott commented the existing deck is currently located right on the property line, which will be removed. Lindquist stated the Applicant probably will be denied the vacation and will have to comply with present hardcover restrictions. Chair Smith suggested the matter be tabled to allow the Applicant to submit revised plans Bentrott stated he would be fine with tabling the application. Lindquist commented he would be in favor of a 60 day extension from August 22. Van Zomeren stated the City is required to act within 60 days of when the application is submitted. Bentrott stated he would be in favor of extending the time limit Smith moved, McMillan seconded, to table Application 2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. (#15) #2396 CLINT AND JODI MORRISON. 3510 BAYSIDE ROAD - VARIANCES, 9:48 p.m. - 9:57 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Morrison were present. Weinberger stated the Applicants are requesting to replace their existing residence with a new house and attached garage. This property is located in the LR-1A zoning district, which requires a minimum of two acres. This lot consists of 1.36 acres. A variance from lot size requirements would be needed as well as a variance from average lakeshore setback requirements. A conditional use permit is also necessary to allow a boat house to remain on the property during the demolition and reconstruction. The boat house would need to remain as an accessory structure and not be occupied while the residence is under reconstruction. No variance to hardcover is required. Staff recommends approval of the application based on the iot being a comer lot and the construction is completed in a timely manner. The Applicants had no comment. There were no public comments. McMillan inquired whether a conditional use permit is needed to allow the accessory structure to remain. Van Zomeren stated a variance is needed to allow the accessory to remain during the reconstruction Morrison remarked the boat house is really the original garage of the house. Lindquist commented boat house should be changed to read accessory structure. Page 14 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2396 Clint and Jodi Morrison, continued) McMillan moved, Hawn seconded, to approve Application #2396, granting of a variance to lot size, average lakeshore setback, and a variance to allow an existing accessory structure to remain during the reconstruction period for property located at 3510 Bay side Road. VOTE: Ayes 6, Nays 0. (#16) #2397 JOE & LESLIE LUCAS, 1060 BROWN ROAD NORTH - VARIANCES, 9:58 p.m. - 10:00 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Joe Lucas was present. Weinberger stated the subject property is located in the LR-1A zoning district, which has a two acre minimum. The property consists of 1.83 acres. The Applicants are requesting a variance from side yard setback requirements to allow an addition to the residence The proposed structure would be nine feet from the lot line, with the existing structure being located 9.4 feet from the side lot line. The zoning district requires a 30 foot side yard setback. Weinberger stated the Applicants are proposing to remove and replace the garage foundation due to excessive ground water erosion and will be adding four nev/ sump baskets to solve the ground water problem. Staff recommends approval of the application. Berg commented the property might be situated on a spring which could be causing the water problems. Lucas remarked the garage is located is on a spring, with a majority of the water problems being corrected when Brown Road was improved. The water will be channeled to a creek located at the back of the property. There were no public comments. Stoddard moved. Hawn seconded, to approve Application #2397, granting of a variance from side yard setbacks for replacement of the garage foundation to add a basement and drain tile to support the addition currently under construction, and for additional living space for property located at 1060 Brown Road North. VOTE: Ayes 6, Nays 0. (#17) ZONING AMENDMENT - SECTION 10.03 AND 10.20. RE: PLUMBING IN ACCESSORY STRUCTURES Gaffron reviewed his report dated July 16, 1998, regarding the proposed zoning code amendment dealing with plumbing in accessory buildings. Gaffron suggested the Planning Commission consider having various levels of regulations dealing with the different accessory structures that could house plumbing The possible range in regulations might include, 1) staff permit approval without restrictions; 2) staff permit approval subject to specific restrictions or covenants: and 3) council action required for a conditional use permit or variance. Van Zomeren stated currently the ordinance does not address heating of the accessory building. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Zoning Amendment, continued) Gaffron stated the concern with allowing plumbing in accessory buildings is the potential for that building to become a dwelling/rental unit, and perhaps definition of what constitutes a dwelling unit should be addressed to help resolve Staffs concerns. Building inspectors have suggested that the adding of a sink and toilet in an accessory building may not necessarily result in a dwelling potential, but adding of a tub or shower along with a toilet and sink can lead to separate dwelling potential. Chair Smith inquired whether requests of this type were becoming more common. Gaffron replied the City has been dealing with these requests for the past ten years and anticipates it will continue in the future. Van Zomeren suggested the number of accessory structures with plumbing on the property be limited. Lindquist recommended limiting it to one accessory building with plumbing. Gaffron stated if the buildings are connected by an enclosed walkway, according to the building inspector they are considered one structure. McMillan inquired whether the property owners are subject to sewer assessment for the additional plumbing. Gaffron suggested leaving sewer assessment out of this ordinance, but traditionally the property owner is assessed a sewer unit for a guest house. Stoddard stated the Planning Commission should get some guidance from the City Council on how SAC units should be assessed. Gaffron suggested the matter be tabled to allow the Planning Commission more time to review the proposed zoning code amendment. Hawn suggested Staff define hov/ much abuse of the zoning code needs to be demonstrated before the conditional use permit can be discontinued. Van Zomeren remarked it would be hard to define all the variables and different scenarios. Gaffron noted conditional use permits traditionally go along with the property. Chair Smith suggested the Planning Commission hold a joint session with the City Council to discuss this matter further. Lindquist stated Daniel Kluth is welcome to attend the workshop dealing with the proposed zoning code amendment. Gaffron noted the public hearing dealing with this zoning amendment will be continued to a work session with the Planning Commission. PLANNING COMMISSION COMMENTS Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (#18) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JUNE 22.1998 AND JULY 13.1998 McMillan stated she had nothing to report from the June 22.1998 meeting Stoddard stated the agreement concerning Big Island has been approved (#19) OTHER ISSUES FOR DISCUSSION Stoddard commented he would like City Staff to review the height ordinance and to schedule a work session with the Planning Commission to discuss the ordinance. (#20) PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 15.1998 Lindquist moved. Hawn seconded, to approve the minutes of the June 15.1998 Planning Commission meeting as submitted. VOTE: Ayes 6. Nays 0. (#21) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 27.1998 AND AUGUST 10.1998 July 27 - Lindquist August 10 - Hawn ADJOURNMENT r iW rf Hawn moved. Smith seconded, to adjourn at 10:48 p.m. VOTE: Ayes 6. Nays 0. Sandra Smith, Chair Person Page 17