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09-21-1998 Planning Packet
ORONO PLANNING COMMISSION Monday, September 21,1998-6:30 p.m. 2780 Kelley Parkway-Council Chambers AGENDA Council Representative: Richard Flint AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commbsion. 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 thb agenda, they will be scheduled for the OCTOBER 19,1998, City Council meeting unless otherwise noted by the Chair. OLD BUSINESS; CONTINUATION OF PUBLIC HEARINGS Review of these items will commence prior to or between scheduled public hearings. 1.#2414 2.#2401 3.#2403 Randy and Marie Staffanson, 1422 Park Drive. Variances. (Staff: Liz Van Zomeren) Thomas and Margaret Radke, 3424 East Lake Street. Variance. (Staff: Paul Weinberger) Terry Clark, 1575 Long Lake Blvd. Variances and Conditional Use Permit. (Staff: Liz Van Zomeren) SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS 7:00 p.m. 4.#2408 7:15 p.m. 5.#2412 Mike Hilbelink on behalf of Ted Wolf. 900 Willow Drive. Subdivision. (Staff: Liz Van Zomeren) Steve White on behalf of VCI Capital, 4355 Bayside Road. Subdivision Renewal. (Staff: Mike Gaffron) NEW BUSINESS: PUBLIC HEARINGS 6.#2413 7.#2415 8.#2418 9.#2419 10.#2420 11.#2389 Paul and Megan Bennett, 500 Hanlon Avenue. Variances. (Staff: Paul Weinberger) Terry Sanders on behalf of Kevin Kennefick, 3241 Casco Circle. Conditional Use Permit and Variances. (Staff: Paul Weinberger) Robert Lund on behalf of Graydon and Michelle Newman. 1655 Bohn's Point Road. Varaince. (Staff: Paul Weinberger) Robert Lund on behalf of William and Anastasia Hoeft. 1725 Bohn's Point Road. (Staff: Paul Weinberger) Robert Ryan Jr. 3535 Christine Drive. Variance. (Staff: Paul Weinberger) Daniel Kluth 2801 Fox Street. Conditional Use Permit and Variances. (Staff: Paul Weinberger) ZONING AMENDMENT 12. #XXXX City of Orono, to Amend Section 10.03 and 10.20 Re: Plumbing in Accessory Structures. (Staff: Mike Gaffron) PLANNING COMMISSION COMMENTS 13. Report of Planning Commission representatives attending Council meetings on August 24, 1998 and September 14,1998 14. Other issues for discission. 15. Plaiming Commission approval of minutes for August 17, 1998 and partial minutes from August 14, 1998 work session. 16. Selection of representatives for City Council meetings on September 28, 1998 and October 12,1998. ADJOURNMENT City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM P^U-c DATE: September 18, 1998 TO: FROM: Chan.Smith and Orono Planning Commissioners Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: Continued Items Continued Items The following applications were tabled at the August meeting: 1. Brent Bentrott, 1453 Park Drive 2. Muriel Senn, 4448 North Shore Drive 3. Peter Boynton,1973 Fagemess Point Road The above applicants are working on new plans. They will be rescheduled for the October meeting if their plans are submitted by October 5th. New Applications Removed from Agenda Walgreen's applied for a rezoning and a commercial site plan for the church site next to Culver's. Staff pulled their application from the agenda because the site plan was deficient and there was not adequate information regarding storm water management for Bonestroo to review. Paul Hanssen,3195 Casco Circle, was pulled from the agenda because a structural engineer's report was not received. Inquiries after the Deadline Staff received two or three requests after the deadline to be placed on October's agenda.One request was from Joshua Aaron, Park Land Dev. Co. for a subdivision and rezoning to build 4 single family homes on the vacant property located on Shadywood Road in the B4 District. Staff has also received more calls on this property from someone who wanted to do boat storage. Work Session on Industrial Districts The City Council allowed the Industrial District moratorium to expire on Sept. 15th. A joint work session is scheduled for 8 a.m. on Wednesday, Sept. 23 in the Council Chambers. Adult Use Moratorium The City Council extended the adult use moratorium which was to expire on Sept. 15. by 6 months to March 1999. AUGUST 14,1998 PLANNING COlVCVnSSION WORK SESSION PARTIAL MINUTES RE: INDUSTRIAL DISTRICTS Present: Chair Smith, Lindquist, Hawn, Berg, Stoddard Staff: Paul, Mike, Liz Public: Representatives from Flamingo Wire, Steve White of VCI Capital Van Zomeren reviewed the revised permitted and conditional use list with the Commission. She stated that uses were removed that were outdated, incompatible with existing uses, and high truck traffic generators. Steve White, VCI Capital, stated that he was concerned about the status of warehousing because that was the most obvious use for his existing buildings. A representative from Flamingo Wire, Chuck Guerin, indicated that the company had been bankrupt and was relocated to this site with a future hope to expand at this site. The company makes wire displays and power coatings. The Commission expressed concern with the approach to the amendment and questioned its purpose. Questions were raised regarding the definition of warehouse, showroom, and distributions, and also the exclusion of electronics. The Commission requested that this issue be scheduled for a joint work session with the City Council. • • $ 1 ◄ [ c tcc£ Emm o i s c CD k C § < w A Public A ttendance Meeting Date ?y. □Council Planning Commission Park Commission O ther NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER (C’/7y/?'VAA'^ iL-fc^i A'o' Rclr /2a LL^ c. I . Lqi^gUA. ——---------------------------------V 35'7r Qy-. Dj/^Ay f<A Cj > J / bicL'Vu. l^occhi / 3 57O5 Cy/Aj.X]^h^’LC> 11.U3V^-Vg,iy-a V/t 12. TT^V I/Jo a*- ^ ^SYll. 13. 15._ Q9U95A / TO: FROM: Chair Smith and Orono Plarjiing Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator DATE:September 16,1998 SUBJECT: #2414 Randy and Marie Staffanson 1422 Park Drive Variance—Public Hearing Zoning District: LR-IB, One Family Lakeshore Residential District (1 acre) Lot Area:14,383 sq. ft. (.33 acres) Application:The applicants are requesting a variance to replace a garage that was destroyed by fire in the same location and size, except that the proposed massing of the garage is different in that they wish to use storage trusses that increase the height from 12' to 15'. Because this is a change in height from the previous garage, a variance is required to build the garage. The variance is not for a height increase, however, because the proposed garage does not exceed the height of the principal structure. The variance is to allow a replacement structure that has the same footprint, hardcover, and encroachment into the side yard. Pertinent Ordinances: Section 10.24, 5(B) LR-IB Setback Requirements Section 10.22,2 Hardcover Requirements U2414 Staffanson 1422 Park Drive PC-9/21/98 page-1 ANALYSIS The applicants are allowed by ordinance to rebuild the former garage at the same location, height, and size. Using storage trusses increase the height by 3' which represents a change from the former garage. This plan change requires the same variances for hardcover and setback as the former garage. The use of storage trusses will not have a negative impact on adjacent residential properties. STAFF RECOMMENDATION Staff recommends that the proposed garage be allowed to use storage trusses and a new resolution should be prepared to replace Resolution #4108 with the height of the garage with storage trusses noted. Attachments A B C D E F G Application Applicant's letter Plat map Survey Elevation Pictures Resolution #4108 A Application # XSH Date Received Amount Paid. ^93^3 CITY OF ORONO - VARIANCE APPLICATION Inltieil 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 Property Identification Number (P.I.D.) *4^ 00(^__________ Attach legal description to application if not included on required survey. Date Property Acquired AP^VL. __________________________^(month/year) 1 (do) (do not) also own the adjacent parcels of land. Present use of property: K residential ___pother (specify)_____________________ Zoning District: L^l"~ B ____________________________________________ APPLICANT Name ShJrAAaSdn Address: WZZ PakL OWNER (if different than applicant) Name ___________ Phone (home"! L))zlZ- _____ Phone (work)_________________ City: MCitVld._______Zip: ^ Phone (home)_ Phone (wcrk)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $. Describe request in detail: SCiS- _________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Widdi Front Side Hardcover • • Rear Lot Coverage Average Lakeshore X Other (specify) Mp/e tA ^-Hoack HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO^ITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _____ (attach additional sheets if necessary) A 1. 2. 3. ^ REQUIRED SUBMITTALS All of the following information must be submitted hv the application deadline date in order for your application to be considered coT^tnlete: • # Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels anc 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 8!4" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/a" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 854" x 11"). ___ List of the legal names (include marital status) of all persons wiA 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 maj' be requested by City staff. 4. 5. 6. 7. 8. The / pplicant and Property Owner must sign this application. Please remember that vonr vaiiance 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 knowledge. 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 Building & Zoning Office of this change prior to the meeting. • • - 8 Legal names of all persons with an interest in the property: Randall Gary Staffanson Marie Lorene Staffanson marital status: married Joint owners of the property: 1422 Park Drive Orono, Minnesota 55364 DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost: $15,000 We seek a variance to build our garage with storage trusses. The storage trusses would bring the peak height of the garage 3 feet higher than standard trusses would. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Due to the size of our house, we are limited on storage space. The extra room and strength of the storage trusses would allow greater use of the garage. A variance is needed due to the fact that storage trusses would make the garage three feet higher at the peak than if standard trusses were used. -V- ^ CQ r'*'S•\^* '*• V***‘*!l^^A*’•'SvX ' ••. ! • .* -* ^ • \ ^ • N ON PIPE LOT 2 1 16.54 ADJACENT OWELUNC -CAD ) PROPOSED HARDCOVER IN ZONE .. HOUSE 1.017.00 . GARAGE :. DRIVEWAY 8.35 7.60 . SIDEWALK . PATIO / DECK . LANDSCAPE UNDERLAIN WITH PLASTIC OR FABRIC CoVet^O^^ Uliri’if K% of I4,ae2- . OTHER (SHED & CONC. SLAB) ( PLASTIC COVER ) ( WOOD STEPS ) 168.90 39.78 43.18 S.F. S.F. S.F. Hous*' Qo^sr shcJ 1,0(1. Izo. iZo TTAL HARDCOVER IN ZONE 4,484.94 9F A r l9 AUC-19-98 WED 08:47 KATZ ANALYTICAL. SERVICES 6I294S870I P. Ol ■v-.3 irr-^"* -.'f. 1 V:> '• (. q *s,.lP ^• « a c 7 -'-r.. • TJ •A /. ■ * r* 7!" •. - i -I-----. , v| ■ •.**•■ * ' • __.* ^ H V .•!• i-3SiS): r— -S&-. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 10 8_____ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #2358 WHEREAS, Randy Staffanson and Marie Staffanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows; Lot 1, Block 14, "Saga Hill Revised," Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono City Council held a public hearing on May 26, 1998, at which times all persons desiri.ng to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a new 24’x26' garage in the same location as a previous garage destroyed by fire. Variances are required for a side yard setback to allow the garage to be located 6.16' from the property line where 10’ is required and for hardcover to allow 31.75% hardcover in the 250-500' setback where 30% is allowed. Minnesota; 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2358. The propert>* is located in the LR-IB, One Family Lakeshore Residential Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .33 acres. 3. The City Council made the follov/ing findings of fact; Page 1 of 4 r A. B. C. D. 4. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 8 The variances are required to preserve , a substantial interest in the property. No other location exists on the lot where a garage can be located. The garage replacement does not increase the amount of hardcover beyond the amount that previously existed nor further encroach into the side yard setback than the former garage. The zoning lot does not conform to minimum zoning requirements for the LR-IB district. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to a leviate a demonstrable hardship or difficulty; is necessary to preserve a subst^tial property right of the applicants; and would be in keeping with the spint and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed vanance on the health, salety and welfare of the community. • • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby giants variances to Municipal Zoning Code Section 10.24, Subdivision 5 P) “d Se«^ IS^division 2 to allow 31.75% hardcover in the 250-500' setback where to allow a side yard setback of 6.16' where 10' is required to pemut 24’x26 ’ garage in the same location as the previous garage that was destroyed by fire. Approval was subject to the following conditions: 1. The existing shed encroaches in the required rear yard setbacks. If sh'd is destroyed, it shall not be allowed to encroach in the required yard or mere in size. 5. Page 2 of 4 ot^O'CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 0 8 2. 3. 4. Authorities granted by this variance run \rith the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigirs, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of July, 1998. ATTEST: Lmda S. Vee, City Clerk Property OWler(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Gabrie\Jabbour, Mayor ItWiu. ss. The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. N iggtaq JAMIE LGEMAR NOTARY PUBUC4IINNES0TA HBWBWCOUNTY __ MyC()»nntelcnB^J«.y.W10 Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. d 10 R___ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ day of l\J^ ^aid 0 , 199 y . before me personally appearedNotary Public within and^ for (}aid 0 County, -u j ^ _ knovvm to me to be the person(s) desenbed m who foreaolnK instniment, and acknowledged that he (they) executed the sameand who executedruie foregoing as his (their) ^ JAMIELGEM^^. [3 HBWffWCOUmY Notai^y Public ■ J26.f i STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. On this _ day of-----"''‘''‘IJJh Notary Public %vithin and fol said County, personally appe^ed I >. f ■*.'<. r/ known to me to be the person(s) desenbed m and wM e^S*Se ^ and acknowledged that he (they) executed the same as his (their) free act and deed. JIuA , 199 y s before me a Oni,J..C.iV CAROLE A HASEM^^l K/'■ KOTwrypiiaiC^rN^rESO^ “ ‘ ::v;:.:.vv^ hennefin county V My CcrjT.isJion BO'fM Jsn. 31. 2CC0 ^ i Notary Public Page 4 of 4 TO; FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator DATE: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. Summar>': 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 accessor}' 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). ^Thomas and Margaret Radke 3424 East Lake Street Variance 8/i 7/98 Page I 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 Planning Conunission 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 1^2401 Thomas and Margaret Radke 3424 East Lake Street Variance 8/17/98 Page! /A Application # cs>? Vo f Date Received 7 9<f Amount Paid ^ .S2>. 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__^■ClO'C CA'd ./^1 (a Property Identification Number (P.I.D.)_________________________________ Attach legal description to application if not included on required survey. Date Propert>’ Acquired_________________________________________ i J \ 1 • S' _ _ T—7 •. 5 I (do) (do-not)- also own th^adjacent p Present use of property: v residential Zoning District: 1_R\ ^____________ other (specify)_ Xmonth/year)\^ ^ APPLICANT Niune 'ThldHilfi■6 ^ fY)arcfurkaret Address: 3*/;^-^ /?6r Ud/'O. > OWNER (if different than applicant) Name Phone (home ) _____ Phone (work) ^ _ City: 0/c)nf_________Zb: ^6~3i ^ Phone (home) Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST ^ Estimated Construction Cost $ /. {300-00 Describe request m detail: X/V hifrOCindL!^ ^ . UjJVi^iTYiDftiC ht:’ ^-'i‘/)/JAAaX/\d^ (attach additionw sheets if neces^^)7j^ VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) CV\ nci4-|o4-1 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventmg compliance with Zonmg Code requirements:____________________________________SCea'H-aoned __________________ (attach additional sheets if necessary) B Hardship/Description of Unusual Property Conditions: We are requesting a storage facility to be located 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.o •n.. . '■ Kb "■4 a Variance Application for 3424 East Lake Street, Orono, MN, Thomas & Margaret Radke • • • • . - • •. .- ' •» ■• ■\ ' • -A: •.- -i “ ^ * i'* P* ‘ • . —. 5 *•' > 1.^ ^ *•* k. •i - f ORONO HI6H * **• 5__ LA 2 ■••,. SCNAsniiE 01 I :n5 / i lATS ________ ^ tOMERSn ^ 600 ■LVO iVEN tMjn«Ti MAf ASMfiOON WAT ORO^ £ •I T o ST-ASer Existing Loonl Hoscr i p^.ion Outlot B, Baysido IJoach. i AK.G I'Au'iWd 0 U / / /• .. ) ^\r• / ^ M / \'/^ ' ( ) \ \ <-0.. '.'%\ ly >\ \ I " \ \ . \y \ .A- N M J) 'bO m<5 , I It *■41 \ \ \ O'T \ ... ...\ \ \ 14 \ ^240 JL. RUN DATE 1)7/21/98 BATCH 501 rmp ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 38 05-117-23 13 0032 03A05 EASTLAXE ST DENNIS HC6REEVY DENNIS E NC6REEVY 1601 WAYZATA BLVD W 80 LONG LAKE HN 55356 38 05-117-23 13 0037 03665 EASTLAKE ST DIANE N PEREZ DIANE H PEREZ P 0 BOX 70 LONG LAKE NN 55356 LONG LAKE HN 55356 38 05-117-23 13 0035 03607 EASTLAKE ST REBECCA LYNN HOLZEH REBECCA LYNN HOLZEH 3607 EASTLAKE ST LONG LAKE HN 55356 38 05-117-23 13 0038 03625 EASTLAKE ST CARL ADOLF JARNIG CARL A JARNIG 2600 INTERLACHEN RD SPRING PARK HN 55386 REPORT NO. PI635601 PAGE 1 38 05-117-23 13 0036 03609 EASTLAKE ST A J SCHULTZ 8 N A SCHULTZ ANDREW SCHULTZ 3609 EASTLAKE ST Long lake hn 55356 38 05-117-23 13 0039 03635 EASTLAKE ST CHARLES BALGAARD DENISE L SWANSON 3635 EASTLAKE ST LONG LAKE HN 55356 i 38 05-117-23 13 0060 38 05-117-23 13 0062 38 05-117-23 13 0063 PROP ADDR 03615 EASTLAKE ST 03666 EASTLAKE ST 03666 EASTLAKE ST OWNER NAHE CARL JARNIG HON HUNSLEY D A HmiGE ANA NONCE TAXPAYER CARL A JARNIG HARK A HUNSLEY DEAN A 8 NANCY A HONGE NAHE/ADDR 2600 INTERLACHEN RD 3666 E LAKE ST 3666 EAST LAKE ST S SPRING PARK HN 55386 LONG LAKE NN 55356 LONG LAKE HN 55356 38 05-117-23 13 0066 38 05-117-23 13 0065 38 05-117-23 13 0066 PROP ADDR 03626 EASTLAKE ST 00038 ADDRESS UNASSIGNED 00038 ADDRESS UNASSIGNED OWNER NAHE T E RADKE 8 H A RADKE J G WALSTEDT 8 L W WALSTEDT D A HONGE ANA HONGE TAXPAYER THOHAS E 8 HARGARET A RADKE JOHN G 8 LYNN W WALSTEDT DEAN A 8 NANCY A HONGE NAHE/ADDR 3626 EASTLAKE ST 3670 BAYSIDE RD 3666 E LAKE ST S LONG LAKE HN 55356 LONG LAKE HN 55356 LONG LAKE HN 55356 38 05-117-23 16 0060 38 05-117-23 61 0022 PROP ADDR 03603 EASTLAKE ST 00605 OXFORD RD OWNER NAHE GERALD E BENOIT F DENNISON SHAW JR ETAL TAXPAYER GERALD E BENOIT F DENNISON JR 8 JANET SHAW TOTAL BATCH 501 00016 NAHE/ADDR 3603 EASTLAKE ST 605 OXFORD ROAD LONG LAKE HN 55356 - - - 1 ‘ff -K' 5*.‘> >? ..' '.';v ’•V 'V, .V ^a. • • % - • . : ' - » ’• r •; -- V^.' I • •'':•• " * ^ %: . 'A* ■ ■Kv'a . V ::t - ^|fe#V/-•; .*• •• f y .. .. »•: I •«g II L.T.' ■'. . V •s, •» r-\ ■<;<y l{ r: '' [‘i 1" .y* . -•.*'“ C' -^t-v r» ■'■■ ‘ ■'*'*-VV'^V..ii> V-i ■•S'*J • wj^r 5!>* - -* •Vs ’<^- ;f - i *•- :!:':•-r- -^•- --1 ■-v-Vhi •.'^^t': I ' .>T'V r ^ Video c j» )ifecfural - ii i., 1 I-n ROAr B4- ccurjTv HO. fhhr ^ Mf *9^ f9§e, mm fip.n Mff4es/Afmm wmf9r wm W P W sair^xtf Ar Hnm. Aj^ ^ Cm»ef m m €^0^ih/Vr O hrmn Ali kpmrmas pkf 9r^ o9%rnm^ " 3x1 YS IDE >4 DD! TiON TO L A h E MfNNE TOm<A Prmm0^ mmJ miitity emt^m^nfs mr^ akmmfm fiyB% ■ | •**! 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 01ive Avenue. It was moved by Cohen, seconded by Bellows, to recommend approval of Application #1755 for Leonard Niska, 2304 Shadywood Road, for after-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 8:08 - 8:13 P.M. The Affidavit of PubIIcatlon and Certificate of Mai IIng were noted. Mark Hunsley was present for this application. Gaffron explained with the plat of Bayside Beach, an outlot was created to accommodate the gray water mound septic systems for the three adjacent lots. All three property owners technically own the outlot, but only one Is listed as owner for tax purposes. The 12’x16* 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 Works 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 would need to meet a 50* setback which would place it In the middle of the outlot, thus becoming more obvious. Bellows asked how they address the Issue of having an structure without a principal structure. accessory Gaffron stated they would need to approve a variance for the shed. He added the outlot Is under control of the three adjacent property owners, which may set this request apart from other requests for accessory buildngs without principal buildings. 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 outlot. 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 sotting 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 AppIication #1761 for Mark A. Hunsley, 3464 Eastlake street, for an after-the-fact variance to place a shed on an adjacent outlot without a principal residence, with 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 Pub IIcation and Certificate of Mai IIng were noted. Rick Fredrickson and Mark Gronberg were present for this appI I cat I on. 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 2:55S 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) #1755 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 J^88 for AppMcatlon #1755, Leonard NIska, 1204 ^hadywood 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, ^464 East lake 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 approximate!yhalf wlthin 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 applicant anticipates doing 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. tr;2 '/y A) r. / A RBSOLOTION GRAKTIMG APTER-THB-PACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.23, SUBDIVISION 6 (B) PILE #1761 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 ^tlot B, ^ayside Beach, Hennepin CountVf Minnesota (hereinafter ”the property") and is owned jointly by ♦he 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 sue 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. Minnesota: 1. 2. NOW, THEREPORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 3. This application was reviewed as Zoning Pile §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 proposea variances based upon the following findings: a) The applicant constructed the 12'xl6* without obtaining the necessary permit and variance approval. TRANSFER ENTERED OEHf Uf ^fiOKERIt FAX i PUflllCRECORDS Page 1 of 5^ ^ AUG 9 1993 TY MINN. .^sroePuTV CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3189 The storage shed is located on an outlot that wa.s 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 specifxcally 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. o) 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 the street lot line, the temporary nature of the sned structure would allow it to be moved should it at some future date be in the way of any utility work. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by ‘he applicant and the effect of the proposed variance on the health, safety welfare of the community. Page 2 of ^ 6 r • • 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 generally o 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 serve as a convenience to the applicant, but is necessary to allevla a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City grants an after-the-fact variance to Municipal Zoning 10.03, Subdivision 9 (A) to allow an accessory structure on property with no principal structure, and a variance to Section 10.23, Subdivision 6 (B) to allow a side street lot where a 50* setback is normally required, subject to the fo 9 conditions : 1. Applicant must obtain a building permit and bring the shed into compliance with the building code requirements. 2. The applicant shall pay after-the-fact investigation fees for the zoning application and the building permit. • 3. Applicant is advised that future proposals for additional accessory structures on the property may result in ^ne requirement to remove the existing shed, it being the s intent of the Planning Commission that^ no more than accessory structure should ever be allowed on this outlot. 4. All persons with an interest in Outlet B shall sign this resolution. 5. Authorities granted by this variance run not with the applicant, but are permissive only and must d exercised by application for a within on^ year of the date of Council approval, or this variance wli expire on that date (October 12, 1993). Page 3 of S' 6 • • #•» CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code# shall automatically terminate any authority granted herein# and shall be punishable as a misdemeanor. 7.The undersigned applicant has read# understood and hereby agrees to the terms of this resolution and on behalf of himself# his heirs# successors and assigns# hereby agrees to the recording of this resolution in the chain of title or the property. October# ATTE T: Adopted by the Orono City Council on this 12th day of 1992. nr) allin# City Clerk Ja'rbara A. Petefsoh# Mayor,Barbara J. Diann Goetten/Acting Mayor )perty Ownfer (s} J/ Petersol etten/^ i /S STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) *by J. Diann Goetten# Acting Mayor The foregoing instrument was acknowledged before me on this 12th day of October# 1992# *hyx»axte»xaxAKxRftte«Ra«R & Dorothy M. Hallin# (Wt¥»»xxxBC City Clerk of the City of Orono, corporation and said instrument was executed on behalf of the City. A MASEMAN Nor^ nauo>4iMaaoTA , HENNEPIN COUNTY wy ooMiiaacw kma Notary Page 4 of ? 6 3tarv Public y *^.r «• » '~V»^ ^ >,»• • ► I-.. -T. . *>*•; •■•,'* -. ..' ■c'- .*-• •••.• •>.V* • *•• «• • *•<AND declaration op covenants for maintenance op same KNOW ALL MEN BY THESE PRESENTS: ' WHEREAS, Janea McCleary and • • '-" husband and wife, (horelnafter "the subdividor") are the tae owner that certain parcel of real estate located in the City of Orono*. County5^v'^f^| -r r \ accordxng to the piat of that nane on file and of record in tho of'fice C of the County Recorder, in and tor Hennoptn County; and ' • ^ ******'Vti WHEREAS, the Subdividers now desiro to create a non- exclusive private sewage treatment system easement over and acrosa\^TJi'',:;^^^::w;tiOutlot B, _ . ' - • (hereinafter "the easement"! for thu mutual bunofit of Lots 3, Block 1, _ _ _ _ _ _ _ _ _ N0*.7, THEREFORE any other Declaration of Covenants Easements, the Subdividers their heirs, successors and assigns, hereby create a r.on-oxclustve!^^?^*^s-^'^| easement for sewage treatment purposes over and across the oasemer.kitVj^V';;^',''^^''' as described above for the mutual benefit of Lots 1, 2 and 3, Block.‘'X?^^v/y.^f'^-‘V'| (hereinafter "benefited lots")T"3H3- - - - - - - - - - - - - - WHEREAS, the Subdividers are the sole owner of Outlot and all the benefited lots; and .; * * r*’*:>. * ^'‘r.'*Cv - V. T*1: pio^v.M an to in common ■", •«»■ WHERFAS, the Subdividers intend thar Cut conveyed to the owners of the benefited lor.s aa tenanta subject to this Declaration: NOW, THEREFORE, the above owners, their heirs, assign«>nd;^^ successors (hereinafter referred to as owners or owner) hereby, .covenant and agree aa follows i . • * ^ 1. The owners of each benefited lot shall.c^»truct;On’v:,)^.«^^^^^ Outlot B a separate Graywatcr Mound System in the respectivo approxlw^ mate locations shown on the dlauram attached hereto as Exhibit "A"* : . 4. '.•»•'• •-* • 2. Each lot owner shall be responstblo for the costs of construction, maintenance, repair and operation of the lot's Craywater Mound System, and for any damage caused to the systems ...^ of the other lots caused by such constructicn, maintenance, repair and operation. ^ "#•» • V*"-••* • ^ a*. •- . ?. • f • Vv • ** ^. .w** > # —» tW'-r* e-w/V4 me • • -I*•* *'» .«•. i - »■ % ‘. • V *.. .>• • • ^. ,! t..'» • * *:' »■ ‘A; M,// ^i - \ • «* > .-BBE• ••->* • pK• '* • • • •*-.**«'* *'IITCroywAter Mo2nd SyatSM'^thirmt5h^^da?LS!^h^*^“‘^ mound■'of thd-^^ ?.Ctivitu. includ^, tut art A) Vehicular traffic. V' 1 , * *' • *i ^ •^.*’*^• 1*^1 c) <S) 2t?h^Jo«of excavating except in connection with construction, maintenance and repair. Cardening orbuiiSfi®" naintonance of improvement* or buildings of any kind » • • »V-.T.T 4*^" f e) Parking. not u owners may use Oatlot B for and oth4. The owners may use Oa*'lot B *or *»tr< ~ ■.'■^i•^•^.'.^V•n•'‘•V•.^*JOd bv or inr-nn«4..;«„. ..:ZZ°^. -0r_ And Other or local, ;. • <;..irA>;rr.j;--;;. <C»J 5. No improvements may bo constructed or made on nsent of all r,f .ha -w.n s t rue tlon r> n u4*h«..,. .> — -..■•t-.u^vv.-.i.unta may OQ constructed or nao wiOiout tnc consent of all of the owners th« Sf“«;;"rt.?S “ben^?U.S' ClU bo patd ° payable on th4 d«r.uci:°™«f °‘ =“=” ^ are due and savable fainter. be du. anil i'f are due and payable to the person%r°entir«^^r°"A or repair/z-^-A therefore. Each owner's ahSre of aSeh ;■ iSner^:rbr?n‘i '"r"/ owner nay orxng action, on hr>h;«:f .k.._ _jpayment. Any owne^nav^brino from such duo date to tr.e cato. of-Vf-’- Owners, to collect a ''efaulrfnrt^<>*°”'the non-defaulting^<-^^'^:?**--T#r^ not paid when dS“ !nd 2^2?^ ’w'”’'''' °' which atl'i:';'*&%‘'® attorney's fees as the ° »u=h roasoneblo costs and disbursenents in=ur“? ?i ~c-.e'rt!o!:"th:i:2l?i! "'""*'^'^1 .s.essn,en.., ly wa?y^":^ ‘ITU abandonment of his Lot?‘ enjoyment of Outloc 3 or 8. h J ^nors of each Lot describedfo°r"S^”?r- fr^-'<>-''«pr-o"thro;.-'a“r of Orono My uJde«!k2’to that the «iyV'M Mound SysSJ aa prowSe^fS? SaJi?; repair and replace the Greyweee^3^^i•^S.'i^l:P of oronS will no? ?eiu?f f? *':tion» by the Clty^ public easenent. a^d ?h?t ?a?? beeosiinq .Ornnrt *Ka. « - t”® thc Ov*nars will oav to the citv thirty (30) *^d^3%f ”tho recolDt*^of*^**^ k^* Orono Shall becoL ^Uenixen upon each Lot at the proportion as provided for • yrr"^rr.rnu.:.::t:n* V* r4* r -*• . ^t'.e S V * •..• > v/eArv^Z:*^^ ^yr^y^piS9^ ■•V.* ?>.k:.i«^r total coats of ®^^*”J5J^^|J^Siner^*hali*b^ono"lUbl« for ;^4;S5n:?S'^;ha??f2:^:r;f?:rthe data of tbi. A^teanent. . 9. E.ch Of ths 0«»srs Of s^t deserved covenants with J*®*' ®J o^“a°lot^dsicribed heroin, by acceptance of^a-^^^l^g$| ^r nit it shall bo so expressed In O }..: 10, Any orivate road to hia finily and hi> *nd to hl» inv.t.e. I, ™i. muenant »!iaU tun with the land andII, This covena ^he parties hereto, their binding on and inure « heirs, representatives, successors 12. There may be no priir^w?!ttci of this eanenent and declaration P“ of the City council or the City o. IN WITNESS easement and covenant the day the City o. orono. . ,.v,n n^-ties have h-’troto executed. W^;;^:^^:?;^^ WHER-OF, the P . above written. . . :he day and year ^.v . f'-' < *7 f**-^^*- ^ s . . • /•’•I* ■ • ' .* -Vv*^l t* **rb* ,e * -V r ■XI?res McCloary •• • • - e*^^*^*^ V. • ^ • • I , - - - - - - - - - - - - - -—**>,■ ^ —- -- ' .„...., .V . •'V4 '•vt •• • • • •*/••wl ^»»»\» V STATE OP MINNESOTA ) McCieary 1 f ^ .4^---wV * • •* • - ■--— COUNTY OF HE^^NEPIN ) > SS. ’^INEPIN } Y ^ Notary Public •^>*-•7 .t:: - -r'.i • ;.* •• ■• r . .-- it V: >»js*Nrr:2- •: Sqrtember 14,1998 Orooo City Council Weareinfull support oftheRadke ’sputtii^ a storage sbed on the outlet behind our propcitics i^Ja/uC'/ djibTiAV Name ' ' 7 Address Monday, September 21,1998 Orono City Council We are in full support of die Radke's putting a storage shed on the outlot behind our properties. Nancy and Dean Monge yly^MAA<. Signature 0 Signature^,^-'^ 3444 East Lake Street Address . I ------------ TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: SUBJECT: September 16,1998 #2403 Terry Clark 1575 Long Lake Blvd. Variance and Conditional Use Permit-Continuation of Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 acres) Lot Area:31,661 sq. ft. (.72 acres) Application:The applicant is requesting variances for street yard setback, hardcover in the 0'-75* setback, bluff setback, and lakeshore setback. A top of bluff setback variance is also required. A conditional use permit is also required to alter the land in the 0'-75' setback. The applicant has submitted a revised proposal that raises the existing house 4' to ^low a new walkout lower level. The grade would be changed on the south side of the structure. An entrance is proposed on the street side of the residence to provide an entry and stairway to the lower level, the addition would be 12' x 16'. A deck is proposed on the upper level on the lakeside. Pertinent Ordinances: Section 10.23, Subd. 6. B. LR-IA Setback Standards Section 10.56, Subd.l6. C.(l and 2), Bluff Impact and Setbacks Section 10.56, Subd. 16., L, Hardcover Section 10.56, Subd. 16, J, Land Alteration in the Shoreland District 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 sq. ft. (.72 acres). 237’ at 75 ’ setback 27' to proposed addition 36.4’ on east side 49' The proposed entry requires a street yard setback variance to be located 27' from the property line. The deck on the lakeside requires a variance to be located 49' from the lakeshore where 75' is required. The proposed deck does not impact views from adjacent residential property. The allowed height of the residence is 30' measured at the midpoint of the roof. The site is considered to be located on a bluff. A top of bluff setback variance is also required. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75 ’20,400 sq. ft.1,258 sq. ft. (6.16%) NONE 1,417 sq. ft. (6.94%) +159 sq.ft. (6.94%) 75'-250'11,261 sq. ft.825.82 sq. ft. (7.33%) 2,815.25 sq. ft. (25%) 856 sq. ft. (7.6%) +30.18 sq. ft. no variance needed Total hardcover proposed on this lot is 2,273 sq. ft. which is 20.18% of the area in the 75'-250 ’ setback. m03 Clark 1575 Long Lake Blvd 9/21/98 page-2 STATEMENT OF HARDSHIP The subject property does not meet the minimum lot area requirements. The shallow depth of the lot precludes a building pad because of the 50’ street yard setback requirement and the 75' lakeshore setback. The site also includes a bluff line where 30' is required as a top of bluff setback. No additions can be made to this property without requiring a variance. ANALYSIS The applicant has proposed minor additions of a lakeside deck and an entry to minimize the amount of hardcover on the site. The applicant proposes to remove the following: Walk at front and rear of home Concrete tile surrounding the residence Upper patio Lower patio Front entry To add living space to the existing residence and maintain the architectural character of the house, the applicant has proposed to raise the house by 4' to add a walkout under a new deck on the lakeside of the residence. STAFF RECOMMENDATION The Planning Commission should review the previous plan and compare it to the revised plan. Staff does not believe that the raising of the structure by 4' will impact lakeviews from adjacent residences. More structure will be visible from the lakeside. The revised plan requires: Hardcover variance in the O’- 75" setback to add 159 sq. ft. Street yard setback variance to locate 27' from the street where 50' is required Lakeside setback variance to locate the deck 49' from the shoreline where 75' and ALS is required Top of bluff setback variance to add structure is the bluff setback area A conditional use permit to change/alter the land in the lakeshore setback to raise the house 4' The Planning Commission should consider ti^at the size, shape and orientation of the lot, the existing setbacks, and the topography of the lot and determine if the proposed additions meet the intent and purpose of the Zoning Code. Staff prefers the revised plan. Attachments A Architect's letter C Survey E Pictures B Hardcover D Plan F Previous report U2403 Clark 1575 Long Lake Blvd. 9/21/98 page-3 ////... A NEIL WEBER ARCHITECTS 2280 WATERTOWN ROAD. SUITE 100 LONG LAKE. MINNESOTA 55356 (612) 476-4434 (612) 476-5863 (FAX) 4 September 1998 To: Orono Planning Commission and Orono Council / ^ \ilii From: Terry Clark (Applicant), Neil Weber (Architect) yijjjl Re: Variance Application of Terry Clark,1575 Long Lake Blvd. Following the discussion which tabled the application at the planning commission masting of 17 August 1998, we searched for a solution which would allow Terry to provide her family with additional space while reducing the impact on the 0-75 setback area. We are row proposing to raise the home approximately 4 feet, provide the home with a new walkout lower level. This would mean that the grade would be reduced on the south elevation of the home. A revised grading plan is attached to this memo. We would propose to add a small entrance addition on the street side tc provide an entry to the home and a stair to the lower level. This addition would be 12’ x 16 ’ and is shown on the attached revised plan. About half of the addition is within the 75’ line and the other half is in the 75-250 band. 1 have attached the revised hard cover calculations showing what has changed and what has been added. Because of the raising of the home we are eliminating much of the existing hard cover as shown on the survey. After the calculations are complete, we have reduced the hard cover area from the previous 2,704 SF to 1,417 SF. This includes the deck added to make the upper level work for living purposes. The increase would be from the existing 6.16% to a final 6.94% In the 75-250 area we have reduced the hardcover from the previous 942 SF to 856 SF. The architecture of the home will be maintained and the small entrance addition will have the same character as the existing home. The small quaint quality of the home will be maintained. tCMITICrURI • PIANNINC • INT|BlO»S • CONST tUCTION MANAGIM£NT«INSPICTION$ -Vri; • • hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE)*^^^J 7^250•250-500’500-1000* EXISTING HARDCOVER IN A. House Lenpto Width B. Garage C. Driveway X X X X X Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other WAUt> hr fttw/f iiJUM. tsp- {jwe X X X X X ^oAMfUJDiMa iihut h ■sfPWftJ 40WW1—^----- TOTAL HARDCOVER IN ZONE TOTAL PROPERIY AREA IN ZONE -j:—12fi£2_ B X 100 A. HARDCOVER IN zilVi;; c. Garage Driveway X X X X D. Sidewalk AjQfX'nflKi tj^aig SoMM -----We^aeo cw fbw E. Paiio/Deck F. Landscape Underlain By Plastic G. Other X X X X X uptW'tmi 'CKieu SM sj:}Q-'Is.f: S.Fj S.F, J23& S.F.: S.F.: S.F. pTiK* S.F. S.Fw S.F. / S.F- S.F.' S.F. 52 S.F. S.F. ailA- S.F. B % TOTAL HARDCOVER IN ZONF TOTA^ PROPERTY AREA IN ZONE — ^ B S.F.' I S.F. S.F. S.F. I S.F.. \ S.F.j S.F., c p S.F. I S.F. .X 100 = 'Z^O^ S.F. . '"A COO~ S.F. B 1^/?^ ~ % y HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ FYTSTTNG HARDCOVER IN ZONE A. House _____________ X 250-500 ’500-1000’ O Length Width X X X I' B. Garage C. Driveway _ X Yv.\ Crm ^oem) ite’i QumxAUfliJ aiaM. •cmtH = ^ S.F. S.F. ^ s.f]© s.f;^ S.F.: Q- D. Sidewalk V Cr X*Z*Z» x H. Patio/Deck F. Landscape Underlain By Plastic G. Other ^icrCO SX9 JIO S.F.; ^ s.fJ :::>I S.F.: ^ S.F. X X X X X S.F. S.F. S.F. m'WfJWOMtWMiyb <»1.T S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERFY AREA IN ZO -i- B L PROPERr %-tb!% 100 S.F. n<«^4 3sa S.F. % PUnPOSFT) HARDCOVER INTONE A. Hc^e tf/ *21 B lij___S.F.: Length 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 S.F. S.F. S.F. S.F. J S.F. S.F. I S.F. S.F. S.F. S.F. I j fI i 17 .go S.F.! tP S.F. S.F. i S.F. S.F. thUfl S.F. BTOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZON ^Oet* f/l ^ B }?■•«* I X 100 =&3n iO u « m BUILDING PLAN '2403 % mmxmmmi'i V -r^ '.VU’’ ’V '-i IflR V"' V"’ '^. '*fp ■V '-lii N .♦7 V ’y * .#P». »• ' • ' J1 < . > ' V, S • * " • G<N^6 ■ ■--m- M 1«T• *»*V Vr • •millfc•3'''-t:# t s ► -•^1 siv" {■'■y'X. V. '?r. . % .V*-4l LW^eQD^ V10<^ >* V*: XL.. c s \/jesk £VJD of fOUSc. Cfl ^Z-403 wm L'<"'.*> ^.. •> diV^ '^i fmxi- & . • \* ;-^v I. Jb! — ^ . ► A 7 :, l^^QaBSBBBII. ¥.'4 I'i 7 / --.r.-aiSS •O V,. "r , • VJL' A— m$^ I / V*'. ,'• • — -■« V.* ••• v>,;S-Av'-.- .’■ . • T7> trWr'r*^;. r ^ . V' ' • a - ;_.«a»^a-» X' . '*• . t..r».v.^ .. r r.^ 'V. .• » /ujf, 'i v^ .. '* 'v'i .> • •' r' V /N I<b1< »-ONG\ USK^ feuvo. VldvJ S4Y€-C1- A«rcA ot- Ptopcfied MflUHcm ir^ • # PiftSN/ious F S+a-flP 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-IA 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 aqppUcant 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.. Fertinent Ordinances: LR-1A 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^I 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.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. 3.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. 4.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 I Floor Plans and Elevations J Previously approved Proposal page —3 A CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 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 Bi.d. 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 and 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 of 350 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, Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch Tdcphone (612) 473-7357 « FAX 473-0510 U- B Application U ^<403 Date Received g>5'- Amount Paid l>OJCc CjDv^LUti- ^/(qI^Q CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 151^ I T>Tpe of Application to be Filed CiilP •for iOLn^ d.[I6oi4ll3>ri Property Identification Number (P.I.D.) A3 33 t*^Qli Uxkje^ Mki APPLICANT- Name Pm /I C(f)ri^ Address (fi?g OWNER (if different than applicant) Name Phone (home)^ . Phone (work) ^ M1 9^ 1 /> (^ Q Zip o hone (home) Phone (\vork)_ Address City Zip. Date 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) _____Afler-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 Cf ------- ''■.’.'i Ci ' 3 .*.4 —M ^r. V ^ *w* .'TSs. U\K REQXnRED SUB^TTALS 1. Completed Application Form. 2. ____ Describe request in detail. 3. "jC Certified Property Owners List of owners within 350*. labels and plat map (you must obtain this list, labels and map from Hermepin County Department of Finance, A-603, Government Center, 348-3271). 4. X Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. Attach legal description to application if not included on required survey. 6. X 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. 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 tune not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is tr^ and correct to the best of his/her knowledge. kApplicant's sign Date OWTSTR’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 iiwestigation and verification of this request. Owner's signature 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 atten a scheduled meeting, please ma.ke arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. .L- UAL D NEIL WEBER ARCHITECTS 2280 WATERTOWN ROAD. SUITE 100 LONG LAKE. MINNESOTA 55356 (612) 476-4434 (612) 476-5863 (FAX) 22 July 1998 To: City of Orono From: Neil Weber 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 and 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 cover 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. 1 ARCHirECTUeC • RIANNINC • INTERIORS • CONSTRUCTION MANAGEMENT* INSPECTIONS - 'a*' hardcover CALCULiTION WORKSHEET SETBACK ZONE: (CmCLE ONE) EXISTING HARPrOVFR TN A. House 1 L 75-250*250-500’ Length Width B. Garage X X C. Driveway . . D- Sidewalk 'MiM' kr nWT 6F’ rtwfe'i wmf _____:ckj E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X lMi> tfaUfc h ttpWfliJ — -------- TOTAL HARDCOVER IN ZONE TOTAL PROPERfY AREA IN ZONE _____*5- B *^.d00 X 100 PROPOSED HARDCOVER TV ynMP A. House » (fol B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X AOncnflKi tVaw&iif feg a- ----R^efeefiO flw ftjw 500-1000’ X X X X X uim'imi Ml z‘ti;r I-25& %8 . 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 S.F.UJ S.F.o .F. I » S.F S.F. -Fie>- S.F. '*<- S.F. S F 6^' -' S.F.'-GM ----------------------------------- S.F. S.F. S.F. S.F. ^ 3 *• TOTAL HARDCOVER IN ZONE TOTA^reOPERTY AREA IN ZOJNE •f* B X 100 = ^.qod S.F. A S.F. B % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN 70NF. A. House _____________ X 250-500’500-1000' Length Width X X X B. Garage C. Driveway D. Sidewalk \)ki00^ \ C X7t x _____________ ^ficoaU-AT fUM. CP (pHt^t E. Patio/Deck I no •2.MZ X X 4tv> F. Landscape Underlain By Plastic G. Other X X X Wi TOTAL HARDCOVER IN ZONE TOTAL PROPER rV AREA IN ZONE - B u M UUIVL m 91-1 .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 = i S.F. S.F. " % PROPOSED HAWnroVER IN ZONK A. House ULl Length ________________ X ____ ________________ X ____ ___________ X Width in. 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 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. iW^ep'ixju iWO‘ jVr.oo S.F. Z S.F. S.F. O T? TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZON ^Ot^» ^ -r B X 100 = S.F. / 11*2X0/ S.F. /O 1 .— • J ' i /: \ ^ A/ ‘«»c.S“ K fesM,' Nl ^ I* * .y '•: 1^'vV'. :fr'j® I' :.1l >J ,;i Hi i:- 1 y'^/ f/m ______-'■’ I |F^t/ m \ i ' I Irl S’SWV:^*.?' T.: V ' ' ^ X' \ U \ u ,V: ;ji ^ # ]l •**. ’ ■ .r ■' '• ■ K ^T '. #> l%i' m-T' • -: ‘i iV '^^:ft>’^v si««K ■'v’^.r.r; ,'’{‘.:i-4;v-.V'-- t.;K- ■' ■■ -■’?*'.--^v ^ -:■'■-■=.* ■ ; <'■ •'•'5' ; f . , - * • • :r . .V ■••-.. ; •■ : ■ » ‘ ■ ' .............. •'’: '^.Ksa; 7-5ioi v '* • ' &£ _I_jll'‘ IV. .#►.-1 ‘; V ' > *'V 7^?« i •114 i ■5^ ■ I. k. ^ * '•' ,r . fJ-. '•• i * - _ . . *. ' '■ ^ ’ /l ' r» -- ' . ' ’ * .i-«* 'Tv.* < . »» • • Sy/'/} •, 1 A-j.'• / v-i•!;;‘ Q .^r-aW.' I "•i ■ F - . V.* .| ■. v‘- . .<.V . ^ • ' •# 1. ,• h"' '*VVY u • .»; .. >*-*#• e -y^*, > * *\/f? Hwa/^v’: .;V H.;i'itt fe-.^V jnW. "' ••A'-- -1^ *y I mr^^jssKim ^ ^ .’* *• r P&ri rTfi'': t: l;^ %y •' . • ' ■■ '-\: ■■ » • I *•'■'■ V't'' '• *•.. J< ;.. ;I !*• . i-;• ••*\v \4v..i^:r . 'r- Ilf I -.rran^ 1 f I •e?v*f*^***.*^ *********** ••••••*•****• #§••••••••••#•••••* ••#•••••••••••***** •• ••••«••« • f M 'iixmHii:. ••••••••••••••• / ••• i**«f ••••• •• •••••••••«•«••••••• ••••••••••#«••••••• * 4 •••I**!*•»•••••••*• F PREMISES SURVEYED: d the West half of Lot 16, DOmON. to show the boundaries of the above described ication of an existing house, garage, and all over" therein. It does not purport to show Its or encroachments. Ci^y o/ • based upon an assumed datum. Lo+ 50'SdW' wbsshw« ieibaak- i TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator September 16, 1998 SUBJECT: #2408 Mike Hilbelink, on behalf of Ted an Myma Wolf 900 Willow Drive North Lot Line Rearrangement-Continuation of Public Hearing Zoning District: RR-IB Front Lot Standards One Family Rural Residential District (2 acres) 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 proposed front lot meets the above standards with the exception of the existing bam which is legally non-conforming «s to the north side yard setback. Back Lot Standards 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 back lot meets the above standards. Lot Size: Lot Number Wolfs Run as platted As Proposed Loti 4.02 acres 3.04 acres Lot 2 7.09 acres 8.07 acres Application:This application was tabled from the August meeting to resolve the issue of the existing bam and its setback from the new proposed lot line between the rear yard of the front lot and the front yard of the back lot. The applicant has revised the plan to allow a 50’ setback for the existing bam from the proposed lot line. With this new proposal, the existing bam meets the setback requirement from the rear lot line on a front lot. The side yard encroachment is legally non-conforming. The revised lot lines will create two lots as noted in the table on the previous page. Staff Recommendation The proposed lot line rearrangement complies with the subdivision and zoning regulations for the RR-IB zoning district. Staff recommends approval of the lot line rearrangement as prepared in the survey revised on 9/11/98. A B C D E F G Application Plat Map Zoning summary 9/2/98 memo Options 9/8/98 memo REVISED SURVEY A Application U Date Received V . Amount Paid cJO CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION . Sue address ^QO C/J ; l,lo\aj Property Identification Number (PID) 0/9, /1- Please check one - Property ^7 n? .a .5 3.^':QQ6;/ abstract or torrens? APPLICANT Name Attach legal description to application. /J7^C7~ 'P'^/9bj77 ; mine Address CU/LLi-vJ City O ^ oVl o________ S~5'3^ Phone (home) V? 3 ^ Zip5:^j^^Phone (work) OWNER (if different than applicant) Name _______ Address City (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Zip Phone (home). _ Phone (work) //- TU X Present Zoning District f(f\IP^ Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL ? Division for Tax Purposes 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^A cks Ag-TT^sSq. Ft. Dry Buildable Land Residential ^_______Other (specify)_________ m.i ^ 11 (SWi^ MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Pa>Tneat of fees (refer to "application fees" listed below. APPLICATION 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. Oo'IfD«P«l"«nt of Finance A-603 Ltog Of.'d.rattol‘?e' persons ^wish oo.ified of dris appUcaion. MINIMUM MATERIAL REQUMD FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate ofSurvey or mylarcopies of formal 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 pq those which aoDly) 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 -------- Preliminary Subdivision Application $375.00 + $25.00/lot (Class HI & all non-residential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing; _____Subdivision only $75.00 Subdivision w/easemenls and covenants min. $200.00 Totals Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewa of Class III, Preltminar> Subdivision Application $200.00 (No change from origbal application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) lin. ft. X .50 “ $. Un. ft. X JO “ $ B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft.;' _____ Request for City to Accept Existing Private Roao $900.00 _____ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub ---------- _____ Proposed Watermain Extension $250.00 + $25/stub ---------- _____ Proposed Storm Sewer System (excluding culverts) $200.00 -------- On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x_____new lots C. Flexible Application Fees/Misc. Fees - ' ' _ ---------- _____ Variance $220.00 ($50.00 per each additional variance) _____ E«emc.-’.t Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/Dwelltng Unit ^e applicmt hereby agrees to provide all information requirecf or requested by the Zoning Administrator, City Engineer, City Attorney, or^a."c Council nec^wary to ptocess mis application and further agrees to pay all additional fees established by Applicant's Signatu?T\^.LA-f^/rN(^^--^ , ^ I pat e ^ ^________________ Owner's Signature DateV 7“== ;---- -----yt.---------Z--------------------------- Applicant must have all submittals into the City Office 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 Plaiming 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. Accessory Structures RRl-B Distnct 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 10') 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 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. 3. No accessory structure shall be allowed within an access lot. City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE: TO: FROM: September 2, 1998 Ted Wolf, Mike Hilbelink, Tom Carlson Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: tflAQi Lot Line Rearrangement for Wolf ’s Run I have reviewed the aerial photos and the street files for the residences that are north of Mr. Wolfs property and determined that Mr. Sanford's residence is approximately 180 feel from the shared property line with Mr. Wolf ’s property. The options available for this lot line rearrangement are: 1. Remove the barn. The lot line rearrangement as proposed would meet Zoning Code requirements. 2. Declare the "existing bam" to be an accessory structure. The bam as an accessory structure would meet the 10’ side yard requirement for the RR-IB district. The new lot line between the froni/back lot would need to be 50' from the back wall of the structure to comply with Section 11.31, Subd. 5, E.: ”Accessory structures shall not be allowed within the required rear yard of a front lot which abuts the street yard of a back lot". The required rear yard for the front lot, Mr. Wolfs property, is 50’. If the lot line is proposed to be closer than 50' to the rear wall of the accessory stmcture (bam), then a variance would be required. Generally, the City Council does not view lot line rearrangements or subdivisions that require variances favorably. 3. Keep the bam for use for a horse. If the bam is intended to be used for a horse, then the lot line needs to be drawn so that the rear wall of the barn is 75' from the new lot line. A conditional use permit would be required to keep a horse on the property. At least 3 acres of land (excluding the outlot) would be required to keep a horse. A pasture area of 2 acres would need to be defined. The pasture could not include the area where the septic sites are because horses compact the soil and destroy septic sites. Please review these options and let me know before September 4th the direction that you wish to take so that I can prepare a new staff report for the Planning Commission. OPnoN ^ 1 0 feino/e bat n @ IliUS as prObOS<a:;J. 1 I I A T'' . ^ -I ^ \ I w • ^ Jr I “ • ' \ I • > \\i*! i"~\ i' ir-» • / 'T '^''1 ^ >' \ \ i''I ' *. r-nl-i' '\ I I ' I • - » » : option 2. I. Iiay>^ A-f accesscn^ 5haAc(u»< 60 fioii^ fCAy W<UJ lo^ liofc . J--I / \ I W i / ) /''-^1 L-CV'yT v.V;v N 87*3i"Slik“ w\~V ''' '' ___j' \ ' \ i < ' iSS.10- ''1-11 - - "V - •>'- 66 N 67»3^' 56" W ft ^ h C1 ' 'A / / IV.#/ y f \ . I it OFTiOl^ (j). O.S place -fcr a horse -fioNo Appl^ •ftt' Cfp\rSi-h6r>a] Oes,iSr>ai< pA^u/c ( cwev sepHc s\\ \' ( 66 N 87*3i»'6il** W » ;f . i m\I t ]i I ^Jrl |/‘'V e ill • V / / '» y , , bam \ ^ Pressed ^^Inoga *onA '* 4» OZ t ac. Effort Z9^+-\,jxres after dmsion .C *y»2 utility easements e L 6 -lb ■ - '■ \ ■ ■'1 4 I® ‘'I* Pro|^o«ed dividing linajli ' I I 66 N 67•5^^' 56" W \ f* *^1 ' \' I / “ N ^ h ", N » • A / ' ‘“t* •>'.i!i _ »-• lAr-’ I v^, I / \f \\ '>..0 CITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 September 8,1998 Ted Wolf 900 Willow Drive N Long Lake, Minnesota 55356 Re: Status of Bam at 900 Willow Drive North I A r> f-\- -I / k I w \ \t\] t , f k'- - ' J t ‘ * ! ! 00- V** ^ I \ I V I t \ Hll'y.V'; 1p, ^10 X- / 158 : h"! 1^' I'A / z*'1 / \ . f •' Mr. Lyle Oman, Building Official, inspected the bam at 900 Willow Drive North on September 4, 1998. He found that the stmcture does not have an adequate roof He indicated, however, that the foundation was adequate. My findings, therefore are as follows: The existing structure is located 10’ from the north property line. It is considered legally non-conforming as to the required 75' setback from the north property line. The intent to keep a horse on the property has been abandoned since no horse has been kept on the property in the past 12 (twelve) months. Keeping a horse on the property would require a conditional use permit which would be reviewed by the City Planning Commission and Council. The minimum lot area requirement is 3 (three) acres with at least 2 (two) acres for pasture area. The Commission and Council would consider the location of the bam, the size of the pasture area and horse management practices including manure composting and proximity to adjacent residences. Typically, City staff recommends that the applicant contact the University of Minnesota extension service expert to analyze the site and the appropriateness for keeping a horse on the property. Staff generally incorporates the expert's recommendation in the staff report. The Zoning Code does not require that a horse be kept in a bam. I am not aware of any other laws or ordinances that would require you to have a shelter for a horse. You have several options available regarding the existing bam. Because it does not have an adequate roof, it is currently vulnerable to the elements and habitation by undesired animals and birds. Telephone (612) 473-7357 • FAX 4734)510 Ted Wolf Septembers, 1998 Page 2 of 2 To proceed with the lot line rearrangement, I need resolution of the bam issue to determine if the setbacks are met. The barn's roof needs to be replaced if it is going to be kept for use. If it will be used as a bam, a 75' setback is required from the new lot line. The ability to obtain a conditional use permit in the future to keep a horse is not dependent on having a bam. If the bam will be used for storage as an accessory structure, the new lot line needs to be 50' from the re'ir wall of the stmcture. It is important to know that the Planning Commission and City Council don't generally approve variances for setbacks when lot lines are being rearranged. The factors to consider are: 1. The stmcture is existing but needs a new roof to be sound. 2. The stmcture is legally non-conforming as to the required setback from the north property line. 3. Keeping a horse requires a conditional use permit, 3 acres minimum lot size with 2 acres for pasture, not to include the septic sites. 4. Staff would defer to a horse expert on whether the site was appropriate for a horse. 5. A bam is not required by ordinance to keep a horse. I cannot anticipate whether the City Planning Commission and City Council would favorably approve a conditional use permit for a horse in the future. As Orono has grown, the keeping of horses and complaints that I have received for adjacent neighbors of other properties have noticeably increased. That is one of the reasons why staff relies on a horse expert to objectively review the property without influence from neighbors. I would appreciate knowing what your decision is on the bam before September 1 1th so that I can process the staff report in a timely manner. Please call me at 473-7357 when you have reached a decision. Sincerely, Liz Van Zomeren City Planner/Zoning Administrator LVZ/jlg cc: Tom Carlson, faxed to 371-3207 Mike Hilbelink, faxed to 476-5333 Existing Knm % oposed drainage ons ^ iH^—(2o.oo- - ^ ifity eosdments 4 Cv o< ^ J'proposed dividing line^' :^t60.W-v" \N V. TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Michael P. Gaffron, Senior Planning Coordinator DATE:September 17,1998 SUBJECT: #2412 Steve White, 4355 Bayside Road - Class I Subdivision (Renewal) Public Hearing Zoning District:RR-1 A, 5 acre Rural Residential (north of Bayside Road). RR-IB, 2 acre Rural Residential (south of Bayside, north of 1/4 section line). LR-1 A, 2 acre Lakeshore Residential (south of 1/4 section line). Summary of Request Renew the October 13,1997 approval for a subdivision of this 55 acre property into two parcels to create one additional building site. Parcel A, the building site, will be 28.3 acres in total area of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres is dry bu'ldable. List of Exhibits A - Application B - Plat Map & Property Owners List C - PC & C Minutes 1997 D - Survey E - Memo & Selected Exhibits of September 11 and October 9,1997 F - Resolution #3973 G - Flowage & Conservation Easement Standard Form H - Section 10.55 Subds. 8 & 9 Class I Subdivision This lot split is being processed as a Class I Subdivision because it "results in no more than two buildable lots where each resulting lot meets or exceeds 5 acres of land, and each lot has at least 300 of frontage on a public roadway which has been accepted and opened by the City... and where no flexible zoning application or extension of municipal utilities is involved". Flexible zoning includes special or conditional use permits, variances, PUDs, and rezoning, none of which apply to the proposed subdivision. This is discussed in greater detail in the September 11,1997 memo. Zoning File #2412 September 17,1998 Page 2 Class I Subdivision Exempt from Park Dedication The City's park dedication ordinance, Section 11.62, applies only to Class II and III subdivisions based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions." Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in the future via a Class II or III subdivision, park dedication wouT ^e required. Merits of Proposed Division The land north of Bayside Road is zoned for 5 acre lot area minimum. Applicant revised his original proposal in 1997 to ensure there would be 5 acres of dry buildable land north of Bayside Road in each of the two lots, should he wish to further subdivide in the future to convert the land north of Bayside into buildable lots. In the easterly parcel north of Bayside, a 0.3 acre wetland exists. The 1997 approval required that this wetland shown on City and NWI maps be the subject of a Conservation and Flowage Easement. On the south side of Bayside, each of the tw o parcels contains more than adequate area and width to meet the RR-IB standards for individual building sites. Each of these tracts has the potential to be platted for 2 acre building sites in the future. Parcels A and B are both technically lakeshore lots because they abut the 929.4' contour of Lake Mirmetonka. The existing detached garage on Parcel B was approved some years ago on the basis that the entire 55-acre parcel abutted the shoreline. The City's 1997 subdivision approval required that a Conservation and Flowage Easement be granted over the extensive wetland area which exists between the 929.4 contour and the open water channel extending northward from North Arm bay. Existing Buildings on Parcel A Applicant has advised staff that the bam and other out buildings located in the northwest comer of Parcel A south of Bayside Road have been removed. Applicant proposes to constmct a new home on Parcel A in the near future. Site Evaluation Completed Applicant has provided information confirming that primary and alternate drainfield sites are available in Parcel A for constmction of a new residence. Right of Way for Bayside Road The original approval required applicant to grant to Hennepin County a road easement over the 66' Zoning File #2412 September 17,1998 Page 3 Bayside Road segment traversing the property, which has never been formally platted. Orono's Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'. Hennepin County has indicated there will be no problem locating a new driveway to serv'e a new home on Parcel A. Wetland Easement Issue The applicant was required to grant Conserv’ation and Flowage Easements over the major wetland at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B. While he has no problem with the northerly wetland easement, applicant has indicated a reluctance to grant the Flowage and Conservation Easement over the southerly wetlands, because the standard language of that easement would prohibit him from constructing a dock through the wetland to the open water. While he is not requesting that a dock be approved at this time, he is requesting that he be allowed the opportunity to apply for one at a later date. Such a dock would apparently require a DNR permit as well as a variance/CUP per Orono's Floodplain and Wetland Management ordinance (Section 10.55). Permanent docks are a conditional use allowed in floodway and floodfringe areas under 10.55 Subdivision 9B. The City has few prior cases for reference for allowing construction of a dock through a lake-fringe wetland. The only recent application that comes to mind was for Lydiard Lake perhaps 10 years ago, and that was recommended for denial by Planning Commission, and subsequently withdrawn by the applicant. We have other properties similarly situated as the applicant's. Two obvious ones are: the late 1970's Victoria Estates subdivision along the west side of the channel at the end of North Arm; this is a joint use dock accessed via a permanent walkway across 200-300' of wetland; and the Hanser subdivision on Fox Street just west of Orono Orchard Road, where the 929.4 contour is at the base of the building site, but separated from the open water of Tanager Lake and Long Lake Creek by 800’ of wetland; no dock has been applied for nor constructed here. It would be satisfactory to the applicant that the language of the C & F Easement be modified to not prohibit the construction of a dock or similar lake access facility, subject to gaining the required approvals from the City and other agencies. The standard language of the C & F Easement does place somewhat greater restrictions on a wetland than does the City Code (See Exhibit G, items 1 A-F); for instance, the easement totally prohibits structures and filling, without suggesting that such items or activities might be allowed if approved by the City; and disallows the destruction or removal of vegetation as well as all types of excavation and dredging, while suggesting that these Zoning File #2412 September 17,1998 Page 4 activities could be allowed upon written consent of the City. The Code prohibitions in 10.55 do not get into vegetation removal, and do allow certain of the easement-prohibited activities via a CUP. Issue for Discussion Should the City honor applicant's request that the C & F Easement language be modified to not prohibit him from applying for the necessary permits to construct a dock? Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision with the following conditions of approval (similar to those approved in 1997): 1. 2. Applicant to grant Conservation and Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. Staff recommends that the easement language be modified so as to not prohibit applicant from applying for a dock CUP/variance, since his property does abut the lakeshore. Subject to Hennepin County Public Works review, applicant to grant the County an easement for the 66' of right-of-way for Bayside Road within the boundaries of the property. 3. Because this is a Class 1 subdivision, the subdivision is not subject to park dedication. 4. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. Options for Action 1. 2. 3. 4. 5. Approve per staff recommendation. Approve with revised conditions. Table for further information. Recommend denial (state reasons). Other. Application H Date Received y/rj /T-n' ^ Amount Paid cy-yj^r). ^i^QQ CITY OF ORONO m NO - SUSbmSION APPtlCATKJN PROPERTY LOCATION j ^ y, y j Siteaddress V-?X$~ rTjrf_ Property Identification Number (PID) <r?fc - //7 -JJ” /^ ~ QOOS--------------------- Please check one - Property ^ abstract or ____torrens? Attach legal description to application. applicant Name S4-eoy» ------------------------------------------------------------- Address IIZl Tr^l-^J/o /V- City I I Je^ 11 kVl a/ _______Phone (home) JSIihlXlE' Zip crvai. Phone (work) J£2^i2Sl? OWNER (if different than applicant) Nam e t/dX Address P.h. i?nig .77T City U/->Ag L<:i.lce. /v>./v' Phone (home) _Zip cr \ rc Phone (work) V7^-.2AJ? (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District 1 7 7 Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units__/ Other (specify)_________ R. L PROPOSAL _____ Division for Tax Purposes _____ Lot Line Rearrangement Only (no new buildling sites) \/>— Subdivision for New Building Sites ____) Existing Units ____/ New Units 2 Total Units .1“ /\| ^ '• \ Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) __ Units per.??, rAcres XA-SLfi— Sq. Ft. Dry BuildableLand I Residential Other (specify) MIiN'IMUM ^L\TERIAL REQUIRED FOR COMPLETE PRELLVUN. 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Ownets List of owners within 350* (you must obtain tfiis list from Hennepin County Department of Finance A«603 Govl Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official ’s Signature _____________________________________ Date _______________________ MLMMUM ^LA.TERLAL REQUIRED FOR COMPLETE FLNAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official ’s Signature _____________________________________ Date _______________________ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) S250.00 , Subdivision of a Lot Line Rearrangement S350.00 Totals Subdivision Application (Class I & II) S350.00 ___ Preliminary Subdivision Application $375.00 + $25.00,lot (Class III & all non-residential) ___ Final Plat Application (Class III) $200.00 ____ Legal Review and Filing: _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 ___ Park Fees (to be determined per Section 11.62) ____ Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) • ___ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) ___ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) 300- B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + S.SOAineal ft.; . lin. ft. X .50 - S lin. ft. X .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S50.00/per lot x / new lots C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/DwelIing Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City* Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by* , ordnance. ^ ^/j/AtDate a K,.'-ADate Applicant's Signature Owner's Signature "----' ' ------------- 7^ / Applicant must have all submittals into the City Office 25 days before the Planning Conunisslon meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plannbg Commission and Council. 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Oi-(17- 23-42 Rl*4 DATE 00/20/97 batch PROP AODR OHNER KAME TAXPAYER ‘ NAME/AODR PROP ADOR ONNER NAME TAXPAYER NAHE/AODR PROP ADDR 0»M£R NAHE TAXPAYER IIAME/ADDR PROP AODR OHNER NAME TAXPAYER NAHE/ADOR PROP ADDR OHNER t4AME TAXPAYER ’ NAME/AODR PROP AODR OMER NAME TAXPAYER NAME/AODR HENNEPIN CO«AITY PROPERTY INFORMATION SYSTEM PROPERFY omERS LIST Id 06-117-2J 11 0004 040S0 BAYSlOE RD 6AM COfRiELL GARY D CUMELL 4050 BAYSIDE RO MAPLE PLAIN HN 55359 3B 06-117-23 12 0005 00030 ADDRESS UNASSICMEO N F A E KtUPP HILLIAM' F A EVELYN KNAPP 65 CRISTOFORI CIR MAPLE PLAIN Mtl 55359 38 06-117-23 13 0003 00038 ADDRESS UNASSXGNED VtDA INC VEDA INC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 14 0022 04045 BAYSlOE RD HAL BOON HENRICUS C A CORNELIA A BOON 4045 BAYSlOE RO ORONO MN 55359 38 06-117-23 14 0026 00038 ADDRESS UTASSICNEO M NICHOLAS DURKE £T AL M NICHOLAS DURKE 4105 BAYSIDE RO ORONO MN 55359 38 06-117-23 21 0007 04461 BAYSlOE RO M S JOIttlSON A P P JOHNSON MARK A PATRICIA JOHNSON 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 12 0001 04360 BAYSlOE RD J A OLSOIT APE OLSON JAMES A OLSON 4360 BAYSIDE RD MAPLE PLAIN MN 55359 36 06-117-23 12 0006 00038 ADDRESS UNASSIGNED HILLIAM F KNAPP CITY OF OROIK) 1335 BRONN RO S DOX 66 CHYSTAL BAY MN 55325 38 06-117-23 14 0008 00038 ADDRESS UNASSIGt^EO ALLAN E RE2ABEK ET AL ALLAH A SHIRLEY RE2ADEK 4185 BAYSlOE RD MAPLE PIAIN tt< SS559 30 06-117-23 14 0023 04105 OAYSIOE RO M N BURKE/S K SLATTERY-BURKE M N BURKE/S K SLATTEUY-DURKE 4105 DAYSIOE RD MAPLE PLAIN FW 55359 38 06-117-25 21 0002 04455 BAYSlOE RO HAP JOHNSON HARK S A PATRICIA P J0HI4S0N 4455 BAYSlOE RO MAPLE PLAIN F« 55359 30 06-117-23 21 0008 00038 ADDRESS UNASSICi^O M S JOHNSON A P P JOHNSON haw; a PATRICIA JOHNSON 4455 OAYSIOE KO MAPLE PLAIN FW 55359 REPORT HO. P1435401 PAGE 26 38 06-117-23 12 0004 00038 ADDRESS IRFASSIGNED H F A E KNAPP HILLIAM F A EVELYN KNAPP 85 CRISTOFUnX CIR MAPLE PLAIN 55359 38 06-117-23 13 0001 04245 BAYSIDE RD AVIS N HHITE AVIS N HHITE PO BOX S7S LONG LAKE ITF 5S5S6 38 06-117-23 14 0014 04080 DAYSIOE RO H J A M H HARRINGTON HARK A MONICA HARRINGTON 4080 BAYSIDE RO HAI'LE PLAIN l« 55359 38 06-117-23 14 0024 04125 DAYSIOE RO H NICHOLAS DURKE ET AL M NICHOLAS DURKE 4105 BAYSlOE RO ORONO MN 55359 38 06-117-25 21 0006 04465 BAYSIDE RD BRENT A SHTANN JOHNSON BRENT A SHIANN JOHNSON 4465 BAYSlOE RD MAPLE PLAIN FW 55359 38 06-117-23 24 0001 , 00215 NORTH ARM LA C A PASS ET AL TRUSTEES CAROL ANN PASS 2536 181K AVE S MPLS IW £5404 f ru1:^ V ‘ h- }i... f'j RUN 0A1E 00/20/97 BATCH 514 PROP ADDR OHNCR NAME TAXPAYER NAHE/AOOR PROP ADOR OHNER NAME TAXPAYER NAHC/ADOR PROP ADDR OIMER NAME TAXPAYER N«\HE/ADDR PROP ADOR OHNER NAME TAXPAYER NAHE/APDR PROP ADDR OHNER NAME TAXPAYER NAME/AODR PROP ADDR OHNER NAtlE TAXPAYER NAME/ADDR HENNEPIN COUtTTY PROPERTY INFORMATION SYSTEM PROPERTY 0I04ERS LIST 30 06-117-23 24 0008 00370 NORTH ARM LA RAH SMITH ROSCOE S A HARRIET C SMITH 370 NORTH ARM LANE MOUND MN 55364 30 06-117-23 24 0014 00350 NORTH ARM U JQI4 H PENDLETON JON M PENDLETOTT 350 NORTH ARM LA HOUND FM 55364 38 06-117-23 42 0006 00030 ADDRESS UIASSIGNEO VICTORIA ESTATES HOMfaWERS VICTORIA ESTATES HOHEOHNERS C/0 THOMAS MAZER 560 NORTH ARM OR hound FN 55364 38 31-118-23 43 0009 00038 ADDRESS UtlASSIGNEO CITY OF OROnO CITY OP ORONO PO BOX 66 CRYSTAL DAY MN 55323 30 31-118-23 43 0015 00038 ADDRESS UNASSIGt4E0 H F A E KNAPP HILLIAH F A EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 30 31-118-23 44 0004 00050 CRISTOFORI CIR KENDRICK 8 MELROSE KENDRICK 8 MELROSE 50 CRISTOFORI CIR MAPLE PLAIN TW 55359 38 06-117-23 24 0012 00360 NORTH ARM LA R 0 BACKERUO ADS OACKERUD RODNEY D A DIANE S BACKERUO 360 ARM LN N HOUND HI4 55364 38 06-117-23 31 0004 00460 NORTH ARM DR T J A S J MANNER THOMAS J A SUSAN J MANNER 460 N ARM OR MOUND MN 55364 38 06-117-23 42 0007 00038 ADDRESS UNASSICNED VICTORIA ESTATES HOMEOfWERS VICTORIA ESTATES HOHEOHNERS C/0 THOMAS MAZER 560 NORTH ARM OR HOUND MN 55364 36 31-118-23 43 0012 00045 CRISTOFORI CIR D H A L N DUNCAN DAVID H A LYNDA N DIMCAN 6576 RECENCY LA EDEN PRAIRIE MI4 55344 30 31-118-23 43 0016 00038 ADDRESS UNASSIGNED, HILLIAM F WUPP CITY OF ORONO 1335 BROMN RO S BOX 66 CRYSTAL BAY 55323 TOTAL BATCH 514 00034 REPORT IK). PI435401 PAGE 27 38 06-117-23 24 0013 00340 NORTH AHM LA JAMES R A ADRIENNE H NEILSON JAMES R NEILSON 340 NORTH ARM LA HOUND 55364 38 06-117-23 31 0005 0U520 NORTH ARM OR TIMOTHY PELLIZZER TIHOTHY PELLIZZER 520 I40RTH ARM DR HOUND 55364 30 31-110-23 34 0012 04440 DAYSIDE RO q C GMINKIN A J A C'MERON q G HINKIM A J A CAMERON 4440 BAYSIDE RD FUPLE PUIN MN 55359 3B 31-118-23 43 0013 00005 CRISTOFORI CIR H F A E KNAPP HILLIAH F A EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 Vi I, 30 31-118-23 43 0017 00030 ADDRESS UNASSTGtiEO H F A E KrJAPP raLLlAH F A EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN FW 55359 _ C'l ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15,1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Janice Berg, Elizabeth Hawn, William Stoddard, and Lili McMillan. The following represented the City Staff: Senior Planning Coordinator Michael Gafi&on, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, Planning Intern Brad Bressler, and Recorder Sherry Frost. Mayor Jabbour and Council Members Goettcn and Flint were present. Chair Lindquist called the meeting to order at 7:02 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS (#1) #2286 STEVE WHITE, 4355 BAYSIDE ROAD, CLASS I METES AND BOUNDS SUBDIVISION - PUBLIC HEARING 7:02-7:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaf&on reported that the application is for a Class I subdivision of 55 acres. The northern portion is in the RR-1 A, 5 acre. Zoning District. The southern portion is in the RRIB, 2 acre, and LR-IA, 2 acre lakeshore, Zoning Districts. This existing single tax parcel has property located on both sides of Bayside Road and is proposed to be subdivided into two lots, each including area on both side of the road. Lot A would have 18.8 acres of dry buildable. Lot B, which is 29.1 acres, contains the existing house, and will have 23.5 acres of dry buildable. Gaf&on indicated that the attorneys for the city and applicant have agreed that the subdivision is a Class I, metes and bounds division, and therefore, the property is not required to be platted and is not subject to park dedication. Gaf&on recommended the property line be moved easterly for Lot A as the portion north of Bayside Road as proposed is less than 5 acres. There is a small wetland located to the east, north of Bayside Road, which will require a Conservation and Flowage easement, as well as wetlands on the south side abutting Lake Minnetonka via the channel. A concern was voiced that depending on where the 929.4 lake elevation is located, the property could be considered a lakeshore lot If so, parcels A and B would not meet a 500 ’ width measured at the shoreline and at the 75' setback. Due to ^s, the Staff and City Attorney have concluded that this split is not exempt &om subdivision regulations but must be at least considered a Class 1 Subdivision. The 2 acre minimum is met by the portion o Parcels A and B south of Bayside, and Gaffron noted that the property could be further subdivided in the future. I ORONO PLANNEVG CONEVOSSION MEETING MINUTES FOR SEPTEMBER 15,1997 (#1 - #2286 Steve White - Continued) Gaf&on requested the applicant show the 929.4 contour on the .survey. Parcel A includes a bam and out buildings that will have to be removed. Gaf&on recommended the removals occur within six months of the subdivision approval. Septic system testing has taken place. The existing house meets all setback requirements. Gaf&on reviewed the issues for discussion as noted in the packet. The applicant had no further comments to add at this time. Lindquist asked White if he was willing to move the lot line to accommodate parcel A having at least 5 acres of dry buildable. White said he would as it was his intent to have equal sized parcels. He informed Smith that this was the primary reason for how the property was being split. There were no public comments. White informed Lindquist that he understood and accepted the Staff recommendations 1-8 as noted in the packet. Smith was told that it was White's intention to construct a home on the second parcel wdth no further subdivision. McMillan questioned the amount of roadway. Gaf&on said Staff is recommending 66* instead of 80' as needed according to the Comprehensive Plan as no County trail is planned. He noted the County's standards are different than those in Orono's Comprehensive Plan. Schroeder moved, Smith seconded, to approve Application #2286 with Recommendations #1-8 as listed on pages 3 and 4 of the Staff memo. Vote: Ayes 7, Nays 0. (Agenda item #2 follows Action Item #5.) (#5) #2279 AND #2280 MARC AND TRACY WHITEHEAD, 1220 LYMAN AVENUE, SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:13-8:00 P.M. The Applicant was represented by Attorney, John Winston, and Surveyor, Walter Gregory. Mr. Whitehead arrived during the application discussion. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 (#4 - #2212 Sidney Rebers - Continued) Jabbour told Wear that his access would not be closed without providing an access elsewhere. Wear indicated that the easement would protect both himself and the City and should be done at this time. Jabbour asked Council to comment. Goetten said she did not believe the Council could ask the adjoining property owner to provide this easement. She supported the plan as proposed as there were no plans to close the Hwy 12 access. Kelley concurred with Goetten. Flint said he thought Wear was adequately protected as he currently has an access and it caimot be taken away from him. Barrett said an access carmot be eliminated causing a parcel to become landlocked without providing alternative access. Jabbour suggested Wear obtain a copy of the minutes of the meeting for his records. Kelley moved, Goetten seconded, to adopt Resolution #3972 granting preliminary approval of a Class II subdivision for property located at 2190 Wayzata Boulevard. Flint asked for and received clarification of the location and purpose of Outlots A and D. Vowc: Ayes 5; Nays 0. (*#5) #2286 STEVE WHITE, 4355 BAYSIDE ROAD - CLASS I SUBDIVISION - RESOLUTION NO. 393 Goetten moved, Flint seconded, to adopt Resolution No. 3973 approving a 2«lot metes and bounds Class I subdivision for Steve White at 4355 Bayside Road. Vote: Ayes 5, Nays 0. (#6) #2287 TRACI AND BRADLEY PETERSON, 1770 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 3974 Bradley Peterson was present. a 95fS9 m ‘SVI «»1 •«»'» iF»«ii)l Z9> tjauuDU pu>1 tJoXsAJis pu>i t»M6u3 (M3 *3NI 3? NUJOO 3JLIHM 3A3XSaoj A3Ayns jo 3ivouiia30 103r0dd _____ ss*■JVOI BM01 <4-^*#/ • KK> aivrwi |0« m061M1W« »3>*»>01v3A3VfS >WW iJMl tWt tJHP tUMHhkwih ho < z 1 11] 0 l25lisSi •,™!!ii !iP 1 iIHIIjs iniut illjjpl W'- ------------------------^Y.—:;------------------------------•*: V. VM U •■;'\^ '•» v^^T'.SiUt>:V.: .v '“-'OV.'/ V- '♦ I ' //. r^0 ^0 0^ 0 ^0 ^0 !fy ' V;:; I •;: ’::: .7 ’^‘ • • ■■••■•■' I •'«j*,** •*•, I ••• I ••••••••*» • * > , /#.**• *1 ■'* ’•*•/• • • i"**r**Tr# * ’ * ✓ X .5 / v.vT:'v V< •■.^■i:'.;r;”;©;.i ; / / ■ J / AfU**0f REQUEST FOR COUNCIL ACTION DATE: October 9, 1997 ITEM NO.= 5 Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: #2286 Steve White, 4355 Bayside Road - Class I Subdivision - Resolution Zoning District:RR-IA, 5 acre rural residential (north of Bayside Road) RR-IB, 2 acre rural residential (south of Bayside Road, north of quarter section line) LR-IA, 2 acre lakeshore residential (south of quarter section line) Summary of Request Applicant proposes to split this 55 acre property into two parcels to create one additional building site. Parcel A, the new building site, is proposed at 28.3 acres in total area of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres is dry buildable. List of Exhibits A - Resolution B - Notice of Planning Commission Action 9/16/97 C - Planning Commission Draft Minutes 9/15/97 D - Hennepin County I etter 9/1 *'/97 E - Memo and Exhibi ^ .if 9/11/97 F - Revised Surve> Discussion This subdivision is proposed by applicant in order to allow construction of a new residence on the westerly half of the property. As detailed in the September 11th memo, the large size of the two lots results in this being a Class I subdivision which does not require a plat and which is exempt from park dedication. Applicant initially proposed a slightly different location for the division line, but pursuant to Planning Commission and staff recommendations, has slightly relocated it to maintain at least 5.0 dry acres in the portion of each parcel located north of Bayside Road. This would allow the future platting of the northerly portions of either the westerly parcel or the easterly parcel into Request for Council Action continued Page 2 of 3 October 9, 1997 Zoning File #2286 conforming sized lots at some future date without havmg to involve a lot line rearrangement. Each of the two lots to be created contains land on both sides of Bayside Road. The land to the north side of Bayside in each lot will not be separately buildable until some future date at which it is platted. On the south side of Bayside Road each of the two parcels contains more than adequate area and width to meet the RR-IB standards for individual building sites, and each of these tracts has the potential to be platted for 2 acre building sites in the future. Note that Parcels A and B are both considered as lakeshore lots due to the location of the 929.4 contour line as noted on the revised survey. Applicant should be advised that any future request to construct a walkway structure to the actual shoreline through the wetland will require City approval. There are defined City wetlands on the property over which applicant has agreed to grant the City Conservation & Flowage Easements. Applicant also has agreed to grant to the County a road easement over the 66’ right-of-way. The County has requested an 80* easement, however, the Orono Comprehensive Plan defines only a 66' right-of-way for this County road, and Bayside Road does not contain a proposed County bikeway according to the County trail plan. Septic testing has been provided confirming that primary and alternate drainfield sites are available for construction of a new residence in Parcel A. The existing bam and outbuildings on Parcel A will be removed by the applicant in the near future. Planning Commission Recommendation At the September 15th meeting. Planning Commission voted 7-0 for approval of the proposed Class I subdivision subject to conditions 1-8 of the September 11th staff memo. Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision with the following conditions of approval; 1. 2. Move the lot line so that the portion of Parcel A north of Bayside Road contains at least 5 acres dry buildable (this has been completed). Applicant to grant Conservation & Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. Request for Council Action continued Page 3 of 3 October 9, 1997 Zoning File #2286 3. 4. The bam and other outbuildings on Parcel A shall be removed within 6 months of subdivision approval, based on the dilapidated nature of those structures. Applicant shall grant to Hennepin County a 66' road, drainage and utility easement for the right-of-way of Bayside Road within the boundaries of the property. 5. Because this is a Class I subdivision, the subdivision is not subject to park dedication. 6. 7. 8. Applicant shall provide evidence that Hennepin County has approved suitable locations for an access driveway to both parcels (this has been completed). Applicant shall have his surveyor define the 929.4 contour to confirm the lakeshore status of both Parcels A and B (this has been completed, both are lakeshore lots). Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. COUNCIL ACTION REQUESTED: Adopt the attached resolution approving a 2-lot metes and bounds Class I subdivision for Steve White at 4355 Bayside Road. *V * • Hennepin County ^•- • —• • j*■ i T ^• -’y An Equal Ot>po*tunlQ Employer k‘ IT''C- c- " •> o --'C :0 ’^ii September 15, 1997 .SEP. 1 I 199X A ^ -r ^ A A A Mr. Mike Gaffron City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Re: Steve White Subdivision, CSAH 84 Mike: As we discussed, the applicant should provide, via easement or dedication, an 80-foot corridor along this segment of County State Aid Highway (CSAH) 84 (40 feet from and parallel with the existing centerline). This action will accommodate any future upgrading and provide for utility installations that are expanding regularly. Access will be limited to one per site. However, none will be permitted along the westerly 300 feet on the south side of CSAH 84 due to the limited sight distance through the "S" curve. Thanks for the timely opportunity to review this proposal, and please call with further questions or discussion. David K. Zetterstrom, Transportation Planning DKZ:mvr Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8496 (612)930-2500 FAX:(612)930-2513 TDD:(612)930-2696 ReocIcrJ TO; FROM; DATE; I. Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator September 11,1997 SUBJECT; #2286 Steve White, 4355 Bayside Road - Class I Subdivision - Public Hearing Zoning District;RR-IA, 5 acre Rural Residential (north of Bayside Road). RR-IB, 2 acre Rural Residential (south of Bayside, north of 1/4 section line). LR-1 A, 2 acre Lakeshore Residential (south of 1/4 section line). Summary of Request Applicant proposes to split this 55 acre property* into two parcels to create one additional building site. Parcel A, the building site, will be 26.0 acres in total area of which 18.8 acres is dry buildable. Parcel B, \\ith the existing house, will be 29.1 acres in area of which 23.5 acres is dry buildable. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E " Subdivision Code Excerpts F - Park Fee Ordinance Excerpt G - Site Evaluation Information Class 1 Subdivision Status This proposal follows lengthy discussions over a period of months between City and the applicant regarding its subdivision classification status. Staff initially concluded that a plat was required due to unusual factors including: this is a single tax parcel bisected by a County Road; - the road effectively creates separate parcels on the north and south sides of it, and for zoning code compliance purposes the right-of-way boundary acts as a lot line; the road has never been formally dedicated in a plat; - wetlands exist on the property and should be protected via the granting of Conservation and Flowage Easements. However, after discussions with the City Attorney, staff has allowed this to proceed as a Class I subdivision because it meets the basic definition of a Class I subdivision, i.e. "the subdivision results in no more than two buildable lots where each resulting lot meets or exceeds 5 acres of land, and each lot has at least 300' of frontage on a public roadway which has been accepted and opened by Zoning File #2286 September 11, 1997 Page 2 the City... and where no flexible zoning application or extension of municipal utilities is involved". Flexible zoning includes special or conditional use permits, variances, PUDs, and rezoning, none of which apply to the proposed subdivision. The applicant originally suggested that this lot split should be exempt from the subdivision process because the definition of subdivision exempts those separations "where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500' in width for residential uses..." However, it appears to staff that the wetlands at the south end of the property are likely at the OHW of Lake Minnetonka (although the 929.4 contour is not shown) and this may in fact be lakeshore property. Assuming it is, the lot width is measured at the shoreline and at the 75’ setback, and neither Parcels A nor B meet a 500' width at those locations. Therefore, staff and the City Attorney have concluded that this split is not exempt but must at least be considered a Class I subdivision. Class I Subdivision Exempt from Park Dedication The City's park dedication ordinance. Section 11.62, applies only to Class II and III subdivisions based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions." Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in the future via a Class II or III subdivision, park dedication would be required. Merits of Proposed Division The subdivision as proposed is potentially troublesome because the land north of Bayside Road is zoned for 5 acre lot area minimum, but the proposed dividing line leaves a 4.7 acre tract north of Bayside in Parcel A and a 7.8 acre tract in Parcel B. The westerly tract would be substandard (and the City would likely be requested to grant a lot area variance) if that tract was ever proposed to be platted as an individual building site in the future. Tlie City should not place itself or the property owner in the position of needing variances for future use of this property under current zoning. Therefore, as a minimum the lot line should be moved to the east to make sure that there is at least 5 acres in the westerly tract Applicant would be well-advised to have a wetland determination completed in the southwest portion of that tract, and add acreage to ensure 5 acres of dry buildable. In the easterly parcel north of Bayside, a 0.3 acre wetland exists and staff would request that this wetland shown on City and NWl maps be the subject of a Conservation and Flowage Easement. On the south side of Bayside, each of the two parcels contains more than adequate area and width to meet the RR-IB standards for individual building sites. Each of these tracts has the potential to be platted for 2 acre building sites in tl.o future. Based on available maps and air otos, Parcel A is technically a lakeshore lot and subject to the Zoning File #2286 September 11,1997 Page 3 pertinent ordinances. Parcel B is likely a lakeshore lot; however, the lack of a 929.4’ contour line on the survey makes this difficult to confirm. Note that the existing detached garage on Parcel B was approved on the basis that the entire 55-acre parcel abutted the shoreline. If the proposed dividing line makes Parcel B no longer abut the lakeshore, then the detached garage on Parcel B will become non-conforming. Applicant should have the 929.4' contour confirmed prior to final Council action. Existing Buildings on Parcel A Applicant has advised staff that the bam and other out buildings located in the northwest comer of Parcel A south of Bayside Road will be removed. Applicant proposes to constmct a new home on Parcel A in the near fimire. Site Evaluation Completed Applicant has prc.vided information confirming that primary and alternate drainfield sites are available in Parcel A for construction of a new residence. Issues for Discussion 1. How soon should the existing farm buildings be removed from Parcel A? Note that the bam is about 2,000 s.f., and the other buildings are each less than 1,000 s.f. All are in poor condition, and applicant has indicated he will remove them. 2. The applicant should be required to grant Conservation and Flowage Easements over the major wetland at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B. 3. The applicant should be required to formally grant to Hennepin County a road easement over the 66' Bayside Road segment traversing the property, which has never been formally platted Orono ’s Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'. Hennepin County staff have been asked to comment on this. 4. Are there any other issues for discussion identified by Planning Commission? Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision with the following conditions of approval: 1.Move the lot line so that the portion of Parcel A north of Bayside Road is at least 5 acres dry buildable. Zoning File #2286 September 11,1997 Page 4 2. 3. 4. 5. 6. 7. 8. Applicant to grant Conservation and Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. The bam and other out buildings on Parcel A shall be removed with 6 months of subdivision approval, based on the dilapidated naiore of those structures. Subject to Hennepin County Public Works review, applicant to grant the County an easement for the 66’ of right-of-way for Bayside Road within the boundaries of the property. Because this is a Class I subdivision, the subdivision is not subject to park dedication. Prior to final Council action on the subdivision, applicant shall provide evidence that Hennepin County Public Works has approved suitable locations for an access driveway on Parcel A on both sides of Bayside Road, as well as for the portion of Parcel B on the north side of Bayside Road. Applicant must have his surveyor define the 929.4 contour on the property prior to final Council action on this subdivision, to confirm the lakeshore lot status of both Parcels A and B. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to constmct accessory stmctures on those portions wall be subject to further City review and approval. Options for Action 1 . Approve per staff recommendation. 2. Approve with revised conditions. 3.Table for further information. 4. Recommend denial (state reasons). »• ■ ^ 0 5.Other. Swedlund Septic — Service Septemtar 10/ 1997 Steve White VCI Capital P.O. Box 375 Long Lake/ Mn.55356 Re: Septic System Sites at 4355 Bayside Road/ Maple Plain Two treatment areas have been located at the above mentioned property address (see attached). Both sites will require mound septic systems. Both areas have a 3% slope and appear to be old pasture or feed lot areas. Grasses in the area are con sistent and seem to be undisturbed. Colors do vary in the Munsell Book but is probably due to animal usage over a long period of time. The house location and size are not determined at this time/ although there is a large area to work with. A completed Resign will be required before building can begrn. Thank You. Jeff Swedlund Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 • 442-5855 > STATE CERTIFIED < SC^TlC. 5^STi^\. lX>CJ^TLdi^S. »; k m t * *t . /’ , *. - • s , t* .• ^ I ^ / I ^ / •■ //•-' /■ ' //, ' ■" #/*; y // ' ‘ 9 A- ■ ■ / . % / / ' ^ ^ . '■ .• -•-'/ .',•; ' y> • ' • ' _^ \ ” ■•' ^vai' y .','■/y ' \---rq \ ^ ^ ^ ^ ' ' \ \ '. \ -- ~ _£.v.-v. v.-.-- - -V.'. ! •, '.\'.; ^ ................................-T*i::;*h..\oV>\i.• h CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 5^ 9 7 P A RESOLUTION APPRO\TNG A METES AND BOUNDS CLASS I SUBDIVISION OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD FILE NO. 2286 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 2-lot Class I metes and bounds subdivision by Steve White and VCI Capital, Inc. hereinafter "the subdividers") of property located at 4355 Bay side Road and legally described in the survey attached hereto as Exhibit A (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a 2-lot metes and bounds Class I subdivision of the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividen? as shown o- 'he Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., c . August 19,1997, revised October 6,1997 and attached to this resolution as Exhibit A, subject tc £ following conditions; 1. 2. J. The subdividers shall grant Conservation and Flowage Easements to the City over the w'etlands shown on the attached survey. The subdividers shall provide legal descriptions for said easements. The subdividers shall grant to Hennepin County a 66' road, drainage and utility easement over the portions of County Road 84 (Bayside Road) shown on the attached survey. The subdividers shall provHe a legal description for said easements. The existing bam and other outbuildings on Parcel A shall he removed within 6 months of subdivision approval. Page 1 of2 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 9 7 a 4, As a Class I subdivision, this subdivision is not subject to Park Dedication. 5. 6. 7. The subdivider is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. Applicant shall provide confurnation of legal ownership of the property via title opinion or other form satisfactory to the Cit> Attorney before the subdivision will be released for filing. The aforesaid division shown on the attached Certificate of Survey and the aforesaid easements shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registra.* of Titles Office on or before April 13, 1998 together with a certified original copy of this resolution. The approval granted by this resolution shall e.xpire if the division has not been filed by the date specified above. In that evenL it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 13th day of October, 1997. Dorothy MiflWlin, City Clerk Gabri^Jabbour, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss, ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed ombehalf of the City. Notary Public LINDA S.VEE NOTARY PUBUC-MINNESOTA 5 HENNEPIN COUNTY ^ My Commission Ewi« Jan. 31.2000 Page 2 of2 99ra m ‘’jpi SiMU\j pUDl *SJOXdAD^ pUDI ‘SJ39Ui6u3 (IAI3 'ONI ^M3aN0il9 ? NIJJOO HM 3A31S dOJ ;l3AdnS JO 3iV01Jid3DlosroMd 777" •II VO 00 ll*l% HI 00 »M ■ Kf«^ «|»rv<| VtMV'.S ) «0«M OPbMl9l ATVI V M* I tvMt •*<v MsiAKMn OMO An koci «o n AO ow^jm IktMJk MTI lUIVAM^ VVM \*«l IVMI t«,«n *««BH ^ 00 O 2 tfrsjf'-Js^r-isyjpfr^-S'iis:*tOV J •* •eWa>*K««o»*'A»Vl.fi « ye»o scs •'JI5 * • r ^ *0 «; e ■ o •« e c • « inii !jii!,2 imiflliH I •lO.iaM N ■■-. -'fir. •• • • . * £ > ~-tl . • ///*/' ' * .•: :///////; / . : • • I • • * ! . v'\ ■0V :i:/i;' *4 ,. If}? .^31?. •■ .........................::: %■■- - • K ................. ■■< •• ■ • ■• . * fV. •'. :i •>A f 4 V ms. ■J:^’ ■yJ^k ...'®Mi L£*^v ?:V 7.'. L‘^-> x-%' 5 \mmy V. vV;': v^'-:V/ .•■/ 3 , n::::i /■ _ . . * V ^ .. li J FLOVVAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this__day of and between ___,19___,by , 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: 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 e,xcept 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 of3 E. F. 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 which would tend to change the drainage, flood control, water conserv ation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants 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. Giantor(s) herein do hereby remiss, release, acquit and forever discharge, 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 sh: !1 extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. Page 2 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this _____________,19___,by __________________ day of NOTARY PUBLIC STATE DEED TAX DUE HEREON: This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 3 of 3 s 10.55 • - qabd 6'. zoning Use Districts. The Zoning Use districts as designated on °"^TL”provfs\ons*^ of^ with the adoption of this * piairf and Wetlands Conservation including the this Areas, shall be in between other orovisions of thisChapter. Whenever conflicts occur betwe^^ restrictive Chapter and provisions of this Section, provision shall prevail. Subd. 7. Regulatocy Flood “®eleva2ion'^no Regulatory Flood Fcotection Elevation regional flood olus ry“mras°e"s* on tbe flood plain. A The regulatory flood protection ®^®^ation within the Floodway and Flood Fringe i = ^\eVatfons"^ cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. r The reaulatory flood protection elevation eng“eer ^fn acc^^d^^ce pLUu^s forth herein. Subd 8. Development Restricted; Prohibition. -Vv"air/n -t%"i^pV{a r yj U fi?“rd“«°Sin=|“Fii£riri^^ on any lands within 26 feet thereot, ^ shoreline, nor on conservation areas in their natural state. . subd. 9. Floodway District (FW) "flo”! have a low flood damage potential anc ^ Floodwav District to the These uses shall be permitted within ti- ^other City Code extent that they are not prohibited ^ g g,re received provision and provided all or regulation of as may be requited by other City ^ e/iir.«-inn including without other governmental agencies having ju Natural Resources, the Umitation, the riO? anO the Lake MlOnetonka 2in\"e^v1.'lto^^D^%\rL^^“\0f use shall adversely affect (4-1-84) ORONO CC 365 i I I I I i % I i i i i i i « I t ... § 10.55 • ^ the "capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the quality- or- quantity of ground water runoff or the quality of the natural •\'A. Permitted Uses. (When in conformance with this Chapter): 1. Agricultural uses such as pasture, grazing, and wild crop.harvesting. 2. Fish and wildlife sanctuaries. 3. Recreational uses such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas.4. Residential uses such as lawns and gardens provided no filling, grading or hardcover is involved. 5. Seasonally installed residential boat docks for single family dwellings. 6. Natural stone rip rap shoreline protection. 7. Sand beach blankets meeting the requirements of the Department of Natural Resources Regulation 6MCAR15021B. B. Conditional Uses. (When in conformance with this Chapter) : — — 1. All Other forms of shoreline protection including wood, metal, mortared stone or concrete seawalls. 2. All dredging or excavation of material from any lake bed, pond, or wetland or from land adjacent thereto. 3. ’ All permanent boat docks or other similar structures. ^ ^ , -•4. All multiple boat docks including residential or commercial structures, whether seasonal or permanent. • • 5. * Water control structures such as dams, culverts, and weirs. 6. Bridges and abutments. , 7. Utility lines. * _ . 8. Other similar uses not specifically listed when approved by the Council and other regulatory agencies, but no use shall be approved which will restrict or obstruct any flood flow or which will rais^^the_J^eyej^f^ny^^fj^ OfbO 4 hO Y .. .. Subd. 10. ' Flood Fringe District (FFD).'—The followi^r^^ uses have a 'ow flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Flood Fringe District to the extent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provision or ORONO CC 366 (4-1-84) TO: FROM: DATE: k. Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator Septembers, 1998 SU BJECT: #2413 Paul and Megan Bennett Variances-Public Hearing Zoning District: RR-IB Lot Area:6,473.5 One Family Rural Residential District (2 Acre) square feet (.15 acre) Application: The applicants have proposed to add a 20' by 24' garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The applicants purchased the home in 1996 with the assumption they would be able to construct a garage. This application requires the following variances: 1. 2. 3. 4. Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where 50' is required. Side yard setback requirements. 8.9’ is proposed where 30 ’ is required. Rear yard setback requirements. 11.9' is proposed where 50' is required. Structural coverage to allow 2,011.67 s.f. (31%) where 1565.27 s.f. (24%) exists and 1,500 s.f. is allowed. Parking and Access The applicants are currently parking their vehicles over a gravel drive located off Dickenson Street. Much of the parking area is actually w ithin the dedicated right-of-way for Dickenson Street. The proposed garage would move the access from Dickenson Street to the alley located behind the house. This would have less impact on the busier Dickenson Street as cars would not be gaining access by backing up into approaching traffic. The applicants intend to remove the existing gravel driveway and parking area if they are granted necessary variances to construct a garage. The primary issue remaining would be the outdoor parking of vehicles for guests. The proposed driveway, with alley access, would only be 12' in Paul and Megan Bennett 500 Hanlon M venue lariances 9/22/98 Page 1 length, not allowing adequate space for parking an average sized vehicle. The applicants have stated short term parking would be located along the north side of the driveway and along the alley or Dickenson Street. It should be noted the streets are actually further from the house than they appear on the survey. The parking would not occur on the Streets, but in a similar location as is currently used by the owners. Lot History: In 1991 the City Council adopted Resolution No. 2982 to permit the construction of a deck within required side yard, street yard, and back yard setbacks and to allow 22% lot coverage by structures with the condition that the applicant is advised that future proposals to increase lot coverage by structures on this property will not be looked upon favorably by the Council. (Resolution No. 2982 is included as Exhibit F.) In 1996 the previous property owners expressed interest in purchasing the vacant lot across the allay from 500 Hanlon Avenue for the possibility of constructing a garage in the future. The vacant lot was owned in common with the applicant ’s lot, but went tax forfeit a number of years ago, and is only for sale to adjacent property owners. When sewer was brought into the area the assessment was split equally between the applicant's property and the lot across the alley. As a result of going tax forfeit the $3,350 assessment h''.s not been recovered by the City. In 1996 the previous property owners requested the City Council waive any interest or penalties on the assessment and collect only the principle amount of $3,350 on the vacant lot, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The Council did agree to collect only the principle amount of the sewer assessment, however, the owners did not purchase and join the lot. Pertinent Ordinances: Section 10.28, Subd. 5(B): RR-IB One Family Rural Residential District (2 Acres) Section 10.03, Subd. 14(C): Lot Coverage t^24i 3 Paul and Megan Bennett 500 Hanlon Avenue I ur lances 9/22/98 Page! ANALYSIS Lot Area and Yards RR-IB Lot Area Lot Width Rear Yard Side Yard Side/Street Yard Required 87,120 s.f.200’50'30’30' Exists 6,473 s.f.50’22’9.6 ’10.4’ Proposed 6,473 s.f 50’11.9'8.9’17’ The garage would require variances from rear, side, and street yard setbacks. The lot does not meet minimum lot area or lot width requirements for the zoning district. Structural Coverage Total Lot Size Total Structural Coverage Percentage 6,473 s.f Existing: 1,565.27 s.f 24% Proposed: 2,011.67 s.f 31% The lot does exceed the allowed structural coverage on the lot. The addition would increase the overall coverage by 446.4 s.f. The zoning code allows 1,500 s.f. on this lot. A variance was granted by the Council in 1991 to allow the lot coverage by structure that currently exists on the property. Hardcover Hardcover is not considered on lots over 1,000 feet from the lakeshore. ANALYSIS Variance H2415 Paul and \fegan Bennett 500 Hanlon ,4 venue Variances 9/22/93 Page 3 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 continue to be used as a single family residence, although improvements on the property are difficult. RR-1 B zoning district requires a 50 foot side yard adjacent to street setback. The subject lot consists of only a width of 50 feet. Any additions or accessory buildings would require variances. 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 minimum lot size is 87,120 s.f. for the RR-IB district. The applicant's lot is only 6,473 s.f Lots in the zoning district require a 50’ setback for side yards adjacent to the street. The applicant ’s lot is only 50’ wide, therefore anything that occurs on the property requires variances. 3. The variance, if granted, will not alter the essential character of the locality. The addition of a garage with 2nd floor living space would not change the use of the property. The neighborhood is used exclusively for residential purposes. 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. The Board of Appeals and Adji.3tments 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 \vith a garage as a permitted use. haul and Megan Bennett 500 Hanlon .4 venue yarlances 9/22/98 Page 4 6. 7. 8. 9. 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 does not allow the applicant to build a garage that could conform to zoning district standeirds. The applicant does not have the option to purchase adjacent land to increase the size of the lot. The only adjacent lot is used as a residence. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants purchased the lot in 1996 assuming they could build a garage. They have indicated in their letter of hardship they would like to have indoor storage for vehicles, especially in the winter. 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. 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 not be inconsistent 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. Issues 1. The existing residence and deck encroach into to required setbacks. 2. The lot is undersized for the zoning district. 3.The lot is a comer lot located at Dickenson Street and Hanlon Avenue. 4. The street setback from the north side of the lot is 50', which is equal to the existing lot width. ^2413 Paul and Xfegan Bennett 500 Hanlon Avenue Variances 9/22/98 Page 5 5.The proposed addition would encroach 33' into the street yard setback towards Dickenson Street. 6. 7. 8. The proposed addition would encroach 21.1' into the South side yard setback. The proposed addition would encroach 38.1' into the rear yard setback. The City Council in 1991 adopted a resolution for a variance to allow a deck within required setbacks. The resolution stated the Council would not look favorably on any future variances for increased lot coverage. 9.Direct access to the property would be gained from the alley rather than the current access Dickenson Street. STAFF RECOMMENDATION Staff recommends the Planning Commission review the previous resolution to determine how it applies to this proposal. The new garage and living space will increase lot coverage to 31%, contrary to the intent of approval granted for sunctural coverage on the lot in 1991. Attachments A B C D E F G H I J K L Application Statement of Hardship Comments from Neighbor (521 Hanlon Avenue) Plat Map Location Map Topographic Map Survey Resolution No. 2982 City Council Minutes October 28,1996 Building Plans Property Owners List Permit Record Paul and Megan Bennett 500 Hanlon Avenue Variances 9/22/98 Page 6 A •• ^ Application # 2.4^ t3 ■ Date Received ^ S* I'l 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 4^^ Property Identification Number (P.ID.) 0^*117-23-.? / ~ /J Attach legal description to application if not included on required survey. Date Property Acquired (month/year) I (do) (do no t) also own the adjacent parcels of land. Present use of property: V residential ___other (specify) Zoning District: /?_______,tg ___________ APPLICANl Name Va .. \ * Address: SCO Av^<w Phone (home’l ^ ~ IS ' Phone fwork i i~YV •- SH 31 City: br c A.p__________Zip:_2!5!3_3Li. OWNER (if different than applicant) Name ____________________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ TtO. 00^ ________ U/|4V Ccts^ lXvS4ia/1 (attach additional sheets if necessary) VARIANCES REQUIRED m Lot Area ' W Lot Width Hardcover X I "G •«**W c 1 . ;? V 't Cv Lot Coverage ^ Setback: > Front % Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventin compliance with Zoning Code requirements: lo^ Ta A4ku:lj.J iviirA^ktp ------ (attach additional sheets if necessary) HAPDSHfP STT^jeMB'KJ'T • • We wish to apply for a variance for the construction of a garage with a family room above due to the following hardships that exist on our property. When we signed our purchase agreement for our home in October 1996, we were led to believe by the sellers’ realtor that we would be able to construct a garage on our property. Being that we were not residents of Orono or owners of our property at 500 Hanlon Avenue at the time, we were barred from the application process to determine whether we would be able to construct a garage. We relied on the representations made by the sellers’ realtor. Although we have not had a garage on our propert>- for the past year and a half, we have come to realize the problems posed by lacking a garage. First, our cars parked in the front gravel pseudo-driveway are dangerous. We must back our cars onto Dickenson with traffic moving at up to 30 plus miles an hour at a time. We lack the visibility as we back out of our driveway, putting ourselves in danger of an accident. Second, the location of our parked cars are hazardous to pedestrians, namely small neighborhood children. We constantly fear that our soon-to-be-toddler or one of the neighbor children will dart out between cars in front of an unsuspecting driver or biker. Third, the lack of garage poses a threat of a health hazard. We lack a place to properly store our garbage. As our infant grows, our use of diapers and waste increases. Currently, we must store our garbage outside underneath our deck. There have been several mornings, despite our careful efforts, when we wake to find our garbage strewn about the yard. This not only poses a threat to our health, but to the neighbors as well. Fourth, there is potentially dangerous pooling of w'ater. Due to the current gravel driveway, during rainstorms, run-off tends to pool in the intersection of Dickenson and the alley along the east side of our property. This pooling of water is particularly hazardous w ith the current threat of encephalitis-carrying mosquitoes. Lastly, the lack of a garage is a major hardship for our eight-month-old child. Placing our child in a car, which must be parked outside in cold Minnesota winters or hot and humid summers, is a hardship. Our baby was bom on December 15,1997. In order to take her to our doctor’s appointments, we had to leave the baby unattended while we scraped off the ice and snow and warmed the car to an appropriately warm temperature. This problem will only continue to worsen as our child becomes more and more mobile, putting her in more risk of harm while left unattended. We have the additional hardship in that the lot on which our house sits is oniy .15 acres. We are limited in areas in which to put the garage. We believe that by placing the garage to the east of the house, we will be able to use less ground cover and keep the construction within the spirit of the existing home. Being that our home, which w'as constructed in 1945, already sfts in violation of the cunent zoning codes were it a new construction, any additional construction would naturally be a continuation of that variance. I Y-- • Exhibit- A August 16, 1998 City of Orono Zoning and Planning Commission 2750 Kelley Parkway Orono, MN 55356 Re: Application for Variance at 500 Hanlon Avenue Dear Zoning and Planning Commission: We reside at 521 Hanlon Avenue, Orono, Minnesota. We are the adjacent property to the south of the Bennett household located at 500 Hanlon. We understand that the Bennetts are applying for a few variances for the construction of a 20 foot by 24 foot attached garage with a family room above. We understand that the Bennetts need a variance from the City because their proposed building will sit in an area that does not meet current setback and lot requirements. We have reviewed the footprint and building plans of the proposed Bennett construction project and realize their proposed building will sit approximately 9 feet from our property line and 12 feet from the alley which services our property. The proposed construction will sit less than a foot closer to our lot. We do not object to the City granting of variances for the Bennett building plan. We feel that their proposed building will not be significantly closer to our lot than their existing home. We also feel that it will be an improvement to the value and appearance of the entire neighborhood. Thcnk you for jour consideration of this application. If you have any further questions, please feel free to contact us. Sincerely, Residents at 521 Hanlon Avenue ■I p I c W*T. CV 134.22 iOr> c>rvi fv*m r*> 03.- in-a3-(|i) 4 m) o (47) 16J. I ▼r c> oi Z-95. !2y % CO Olo> 134.02 \lOT 15, BLOCK 12 MINNETONKA BLUFF, N39*53'••O^E ID 7 I'j ! fNj 4. / DICKE ^ 127.92 i5 24 \ % 127.92 /\ 1 <S ,(49)’ « <5 22 '\ ? a a 21 << 0 ^ 4 20 1 3^7 S *“ V o; a '9 < 0 *3 '8 (5)S, • \ % 3 1>i^(7) <5| «' 16 ^ (il)^ (3) ^ 3 ^ IS • ^10 S i^ : (10)^ '('g)! *5 «'■ '3 3 137.73 l2 \ y, 127.75 * m SOM ,, ST ^(26)24 A 23 ......■'' (14) s 22 ■■> = a 4 N a t 20 ; (46) 1 (15)'; ^ 1 a 19 M'6 'i a ‘#N » ^ U2)\l6) S (21) 9 . r l 1 M V 15 (20)\ 10 a • 1 14 "=^(IS) ■i 1 ” a ' \(18) ^ > 1-^^12 ^ 125.25 12 !2 33 196 wl yi \ FOX (16) JJ T 3 Long intake yjr.-v; .. ■. , •• t';?.•« /^LAU m ^th ,y 600 4.7'A*:.... ........WtiVg T . « • * '* >; ..^ ^ ^v; i^^^Sy' Countryaub g '.8 -. -r ;'f 3 • • • v'«• *.^. *'^ r . ji •!<p • Golf ^ Course •V •• - •"ii^cassssi •t a • A V • • •' •« %' '*4- ocin '.,r- a cag 5 §^oo M •< *0 00 I --r^- *^4 .V • * • 'vSt' ^ l*'t '. • • • • ^ ^ • ► ^ ^ ^ • • .* ^ C* •V •>'-i. •« « 4 V. «f*.. • y- * *• — e » e o SEE MAP 76 y--'j--;-«..v;.-;f:>is; 4 -. *a - .>t. .• . •» - .. . ’ r f \v- •> • ^-'-' •.'• *3*'.■ ^' \\-• acketts Point »-• • •• • * »^* ^ 2* . ; « V* V • w*: M * *- • 4^ WO OF CERTIFICATE OF SURVEY FOR PAUL BENNETT LOT 1, BLOCK 14, MINNETONKA BLUFFS HENNEPIN COUNTY, MINNESOTA c? Oio DICKENSON ST.cn o K> 8s m 8 > <m CO 4$: This survey intends to show the boundories of the obove described property, the existing house ond deck and the proposed goroge thereon. It does not purport to show cny other improvements or encroachments. Beorings shown ore based upon on assumed dotum. o : denotes iron morker found • : denotes iron morker set COFFIN k GRONBERG, INC. 1 hsi^ oftij M ttm Minf to priporid ^ at v iids my drst sfw- viMV ed 1M I on 0 diy rtgdcred Ovl Dgmr od tod Soveyor odo the loirs of the Stole of Ifrwiesota Uak S Gforbero Wfc\nesolo LiccftK fOrber t?755 SCALE r*=20* DATE 8/7/98 joe NO. 98-339 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 H A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1652 WHEREAS, Daniel and Barbara Fleischman (hereinafter "the applicants") are owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows : Lot 1, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to permit the construction of a deck to be located 22' from the south side lot line where a 30' side setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and a variance to allow 22% lot coverage by structures where only 15% lot coverage by structures is normally allowed. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1652. The property is located in the RR-IB Single Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on June 17, 19S1 and recommended approval of the proposed variances based upon the following findings: a) The small lot size, being only 6,475 s.f. but subject to standards normally applied to lots of 87,120 s.f., is a distinct hardship in that no improvements to this property could occur without the need for variances. Page 1 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 b) The proposed deck continues existing lines of the house and except for the proposed stairway at the west side of the deck/ encroaches no closer to the street than the existing house. c) The proposed deck replaces a pre-existing deck of slightly smaller square footage in the same location. d) Without this deck, two of the three main doorv;ay entrances to the residence will become only marginally useable due to their elevation above grade. 4. Thi property does not contain a garage. Zoning Code Section 10.03/ Subdivision 14 (C) allows lot coverage by principal residence and garage structures of at least 1500 s.f. for any developed "property/ regardless of the resultant lot coverage percentage. In this case/ the variance is necessary because for lot coverage purposes the deck is not considered part of the principal residence. However/ granting of the lot coverage variance is justified on the basis that replacement of a pre-existing deck structure will not tend to increase the visual density of the neighborhood. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission/ reports by City staff/ comments by the applicant and the effect of the proposed variance on the health/ safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions/ light/ air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant/ but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit the construction of a 16' X 20* deck with 4' x 10' stairway, located 22' from the left side lot line where a 30' setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and grants a variance to allow 22% lot coverage where only 15% lot coverage is normally allowed, subject to the following conditions: 1. 2. 3. 4. Applicant is advised that future proposals to increase lot coverage by structures on this property will not be looked upon favorably by the Council. Applicants shall construct the deck per the approved plans. Any changes from those plans which increase the size or extent of the deck shall be subject to further City review. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 8, 1992). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 r CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 1991. Adopted by the Orono City Council on this 8th day of July, STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1991, by Barbara A. Peterson s 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. LINDA S. VfEpsoTA My cofnmlsslon Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 _________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ^■tk day of and for _ _ _ _ _ _ _ _ _, 199 f/ before me a Notary Public within and fot said county, personally appeared rh^an Qivne^t"_________ , known to me to be the persoms) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY^PUBLKf"- MWNESOTA I HENNEPIN COUNTY _ ' My commission wplfst S-12-96 9T )ss. COUNTY OF HENNEPIN ) On this Qii-_ _ _ day of _ before me a Notary Public within anaid for 199 / appeared F ^C.h r\nCLr\ t \Otr\~t <DLOn€i^ said county,personally known to me to be the person(s) descriiet^ in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. r.i*-LINDA S. VEE NOTARY PUBUC • MINNESOTA HENNEPIN COUNTY My commission oxpiros S>12>M Page 5 of 5 RESOLUTION #2982 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 8 , 19 91 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 15th , day (SEAL) ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 I ENGINEER REPORT (*#14.)CHANGE ORDER ttl - OLD CRYSTAL BAY ROAD BIKE TRAIL Jabbour moved, Goetten seconded, to approve Change Order #1 for the Old Crystal Bay Road bike trail project to provide for bituminous surfacing and restoration of the trail along Old Crystal Bay Road from Kelley Parkway to the Orono School property in the amount of $10,938. Vote: Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT (;?15.) AGREEMENT WITH ORONO ICE ARENA, INC. REGARDING INSPECTION AND MONITORING OF STORM WATER FACBLITIES This item was discussed in conjunction with Item #5. C1?16J bOTHANLOI^ATENUE^nSEwER ASSESSME^ 7 Moorse stated 2 parcels were involved. When the sewer project was assessed the owner at that time let the vacant parcel go ta.x forfeit after it was assessed for a 1/2 sewer unit. The current owner was not aware of this and would now like to purchase the vacant tax forfeit lot from Hennepin County and requests the Council to collect only the principal amount ($3,350). Hurt moved, Goetten seconded, to approve the collection of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. Vote: Ayes 5, nays 0. (#17.) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Goetten moved, Kelley seconded, to set the 1996 Canvassing Board meeting for November 6, 1996, at 4:00 p.m. in the Council Chambers. Vote: Ayes 5, nays 0. (#18.) TAX FORFEIT PROPERTY - RESOLUTIONS #3792 AND #3973 Moorse stated this involves 2 parcels. One is a driveway which staff is recommending to be released to adjacent property owners and the other is a parcel in Chevy Chase which the city should retain for drainage. Hurt moved, Kelley seconded, to adopt Resolution #3792 to release parcel 31-118-23 42 0005 for sale to adjacent property owners. Vote: Ayes 5, nays 0. Hurt moved, Kelley seconded, to adopt Resolution #3973 requesting the acquisition of parcel 36-118-23-41-0043 for a public purpose particularly drainage and utilities. Vote; Ayes 5, nays 0. / existing hO’JSE }%. fV' cvv c • • ■ ’> iO/"'#24 1 SUlc. r %. tN> C-J r i' Propo^*^' ConGf-rud/on /'•V.c.'J Ar^n-tfvom V^*s.l ! ‘i i 1 CO rH ■I ::5£r RUN DATE 06/11/98 BATCH 502 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/AODR 38 02-117-23 31 0013 00500 HANLON AVE P A I N N BENNETT PAUL A 0 NEGAN H DENNETT 500 HANLON AVE WAYZATA m 55391 38 02-117-23 31 0026 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND FOR SALE TO ADJ OWNER ONLY PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER 38 02-117-23 31 0038 00520 HANLON AVE G D i C N TAN6EN KONRAD C KRUGER 520 HANLON AVE WAYZATA NN 55391 36 02-117-23 31 0067 00650 ORONO ORCHARD RD EDWARD H HANN T..USTEE EDWARD H HANN HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OWNERS LIST 38 02-117-23 31 0016 00521 HANLON AVE E S i A J WELCH ERIC S WELCH 521 HANLON AVE WAYZATA NN 55391 38 02-117-23 31 0028 00539 KEENE AVE 0 HARALD ERIKSEN 0 HARALD ERIKSEN 6219 ZEALAND AVE N NPLS NN 55626 38 02-117-23 31 0039 01295 DICKENSON ST R S NILLER/K E STENSO HILLER RICK S HILLER 1295 DICKENSON ST ORONO NN 55391 REPORT NO. PI635601 PAGE 6 38 02-117-23 31 0015 00537 HANLON AVE R V 0 N E KOEHNEN ROBERT t NICHEL KOEHNEN 537 HANLON AVE WAYZATA NN 55391 38 02-117-23 31 0037 00530 HANLON AVE L W THIES ET AL TRUSTEES LUCILLE WOOOVILLE THIES 530 HANLON AVE WAYZATA NN 55391 38 02-117-23 31 0066 00560 BARRETT AVE R T JAFFRAY I V H JAFFRAY R T i V H JAFFRAY 560 BARRETT AVE WAYZATA MN 55391 TOTAL BATCH 502 00010 I PERMIT RECORD 5"^ Ho^ lcrr\ fhri . Permit No,Date Type of Permit ^-dLfiSLiiT^iv HH /IP 5 'P - /a "7 • V6/5 Woifi 6 -'B-S’l ^ (LJa^ Mo _ ___________ 9-oio U-as.-?*}X^CLnTi d 1 "h- 3 m ■n! i,l91 L- ^‘-/s.//7 ' At ' 9 ■' A^(jL. ' 9lc 1 TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator DATE:September 16,1998 SUBJECT: #2415 Terry Sanders of behalf of Kevin and Pat Kennefick 3241 Casco Circle Conditional Use Permit-Variances-Public Hearing Zoning District: LR-IC Lot Area:31,744 One Family Lakeshore Residential District (1/2 Acre) square feet (.72 acres)_________________ Application:The applicants are applying for an after-the-fact variance and an after-the-fact Conditional Use Permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75’ of the lakeshore for landscaping and rock. The landscaping work involved installing boulder outcroppings on a steep hill towards the lakeshore. The property owners originally had a steep hill covered with grass that was dangerous to mow. Installation of the boulders required removal of some soil and placing new soil elsewhere. The boulders will serve to allow plant growth. Natural Environments Corporation has reported they have used over 600 plants on the hillside. The property owners also had a deck removed and new constructed. The new deck is in the same location as the previous deck with a changed footprint. The deck would require a variance from allowed hardcover in the 75-250' lakeshore setback. Although the hardcover is being reduced from 42.5% to 39.8%. A portion of the deck encroaches into the average lakeshore setback, but to be considered structure it must exceed 6' over grade level, which it does not. Some work did occur in the 250-500’ setback that reduced total hardcover from 31.8% to 29.7%. i^24l5 Kevin and Pat Kenncjlck 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page I This application will require the following variance: 1. Hardcover in the 75-250' lakeshore setback. The previous hardcover was 42.5% the existing is 39.8%. A Conditional Use Permit b required for the following: 1. Land alteration in the 0-75’ lakeshore setback. Landscaping and the addition of boulder outcroppings occurred within 75' of the lakeshore. ___________________ Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.56, Subd. 16(L)(2): Lakeshore Setback Regulations Section 10.03, Subd. 19: Land Alteration U2415 Kevin and Pat Kennefick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page! ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f 100'75’10’30’ The subject property does meet lot area requirements, Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’8,700 s.f 300 s.f (3.4%) none (0%) 300 s.f (3.4%) none 75’-250’20,100 s.f 8,553 s.f (42.5%) 5,025 s.f (25%) 8,004 s.f (39.8%) yes 250'-500’2,944 s.f 937 s.f (31.8%) 883 s.f (30%) 875 s.f (29.7%) none 500'-1000’0 0 0 (35%) 0 none The applicant requires a hardcover variance for the 75-250' lakeshore setback to allow 8,004 s.f. (39.8%) where 8,553 s.f. (42.5%) previously existed. 675 s.f of boulder outcroppings were added within 0-75' of the lakeshore. In the past the City has not considered boulders as hardcover, although the amount placed near the lakeshore may be excessive. Structural Coverag e H2415 Kevin and Pat Kennefick 324! Casco Circle Vanances and Conditional Use Permit 9/21/98 Page 3 Total Lot Size Total Structural Coverage Percentage 31,744 s.f 4,014 s.f.12.6% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS A. Conditional Use Permit Staff has determined the landscaping that has occurred on the property required fill to be added to stabilize the outcroppings on the lot. Before the landscaping the hill was grass that the applicant has stated was difficult and dangerous to maintain. 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 improvements to the property would not change the use of the property. The property would remain residential. 2. 3. That the proposed location of the conditional us? and the proposed condition under which it would he operated or maintained wot id not be detrimental to the public health, safety, or welfare, or materially injurious to pryperties or improvements in the vicinity. The location of the conditional use would not be detrimental to public health. The property owner installed the landscaping as a result of having a steep hill that was dangerous to mow. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The amount of dirt placed for landscaping was minimal. The boulders will have the most impact as they are visible from the lake. The intent of the Shoreland Ordinance is to restrict alterations within the lakeshore area. The new landscaping will better control the absorption of water since no under lying material was added and the plants and rocks would cause more water to be absorbed into the ground rather than flow over the grass to 112415 Kevin and Pat Kennefick 3241 Casco Circle Variances and Conditional Use Permit 9/21/93 Page 4 the lake. Issues 1. The applicant is requesting an after-the-fact variance to allow hardcover to exceed 25% in the 75-250' setback to allow the deck built without a permit to remain. 2. An after-the-fact conditional use permit is required for land alterations and grading Nvithin 75' of the lakeshore. 3. 4. 5. 6. The portion of the deck encroaching into the average lakeshore setback is only 40' fror the adjacent property to the north. Mowing the grass on the hill prior to the landscaping was difficult. The lot does meet structural coverage requirements. The hardcover in the 250-500' setback has been reduced from 31 .8% to 29.7%. STAFF RECOMMENDATION Staff recommends approval of an after-the-fact variance for hardcover of 8,004 s.f. (39.8%) within the 75-250' lakeshore setback and the applicants pay double application fees as required for after-the-fact permits. Staff recommends approval of the after-the-fact conditional use permit to allow boulder outcroppings and grading to occur within 75' of the lakeshore subject to the following conditions: 1.No further land alteration is to occur without receiving necessary permits from the City. 2. The landscaping will adequately screen the boulders from view on the lakeside. Attachments U2415 Kevin and Pat Kenneftck 3241 Casco Circle Variances and Conditional Use Permit 9/2im Pages A Application B Building Permit Application C Plat Map D Location Map E Topographic Map F Letter from Applicant G Photographs of Completed Work H Letter from Property Owners I Letter from City Building Official J Previous Survey K Existing Survey L Hardcover Calculation Worksheets M Existing Site Plan - Survey N Landscaping Plan O Property Owners List P Permit Record U2415 Keyfin and Pat Ktnnefick 324/ Casco Circle Variances and Conditional Use Permit 9/21/98 Page 6 Application # 2.^[S~ Date Receiyed Amount Paid ZSO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3241 Casco circle. Orono> Minnesota Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT Name__ Terry Sander Phone (home)_ Phone fwork) *,^544-8002 *,%**..w_ X c: J ----- -----------------------------— ----------------- ' '--------------^----------------------- Address 1110 Ever -i'rcsn Lane NO;_Plymouth/ MN_______Zip_55<41 OWNER (if different than applicant) Name Kevin Xennefick____ Address 3241 Casco Circle No. Phone fhomel 47 1-0025 ______ Phone (work) 332-5200 City Orono___________Zip 55356 Date Property Acquired December. 1996 (month/yeI I (do) (do not) also own the adjacent parcels of land. ty?r~~z 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 floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore I----1 •V. :r 'fl fr o r; PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee 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 ,J Total Fee: $ Entered By: __ Date Received: Permit U: CITY OF ORONO - BUILDING PERMTT APPLICA ^ ^ P y»’/Xx All information must be submitted in full before plan review wil t- (please print all information) THE APPLICANT IS: (circle one) OWNER 0(|^NTRACTO] JOB SITE ADDRESS: I C,, ZIP; 5^ NAME OF 0>VNER: tZt^rJ-dfc^L PHONE: (home)_j£7^l2^‘^^ (work)___________________ MAILING ADDRESS: 3 CITY:____________ZIP:________ CONTRACTOR: CONTACT PERSON: n~r*rry MUJBULt/t'A^JtK: c?/ ^r- MAILING ADDRESS; Cf/^ CITY: ^ -fU ZIP: STATTE LICENSE: # ^ CcfpFHO^: MOBDLE/PAGER: STATE LICENSE; » ARCHITECT/ENGINEER: MAILING ADDRESS:___ NAME; PHONE: CITY:_________ REGISTRATION if ZIP: TYPE OF WORK: New Move Addition Remodel/Alteration Accessory Structure ___ Land Alteration ^ PROPOSED WORK (describe in detail): PU»ch U\t( ^ , STORIES:________ SQ. FEET OF EACH FLOOR: _________________________ NO. OF BEDROOMS;GARAGE STALLS; ATT.DET. ESTEVIATED CONSTRUCTION VALUATION (excluding land): $ I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. APPLICANT’S SIGNATURE><^<^DATE; NOTE! Parade of Homes events requi/e separate permit approval by Police Department and Ciiy Council 60 days prior to the event. Non-permitted events will not be allowed. Natural Environments Corporation 1110 Evergreen Lane North Plymouth, MN 55441 Telephone (612) 544-8002 Facsimile (612) 525-0576 ; •'S ^ Kevin Kennefick Home: 471-0026 3241 Casco Circle Work: 332-5200 Orono, Mn Fax: 332-4539 01 To: City Council, City of Orono, Minnesota Re: Application for variance, 3241 Casco Circle, Orono, MN Issues include 0-75’ grading, 75-250’ range hardcover, and line of sight. #1 - Request for conditional use permit in the 0-75’ rang e This request is based on the fact that before the landscaping work was done, management of the hillside was extremely difficult. Due to the steep slope, the owners had trouble mowing, and erosion was a constant problem. The steep slope sped up the flow of water so it drained off the hill rather than filtering through the grass and soil. The landscaping work involved installing boulder outcroppings designed to slow the water flow as it went down the slope. Around the outcroppings, plants and mulch were installed to assist in absorption and filtering of water. No landscaping fabric was laid under the mulch to further perpetuate the filtering process. The landscape designer used over 600 plants and strategically placed outcroppings to create an environmentally friendly and aesthetically pleasing solution to the problems the owners were facing. The designer selected plant materials which would be the most effective in slowing the flow of water and stabilizing the hill. In addition to the hillside becoming more effective in treating surface water, the wide band of grass remaining at the bottom of the hill out to the lakeshore can now more effectively absorb and filter any water off the hill, as the flow has been significantly slowed. The elevations at the top and the bottom of the hill were not altered, and the alterations of grade on the hill were kept to a minimum. Fill was added only to the areas behind the outcroppings and the amount installed was the minimum amount necessary to create a safe and stable environment. Since these landscaping changes have been made, the area has experienced several powerful storms with heavy rainfall. The erosion reduction methods worked perfectly. There was no evidence of erosion. #2 - Request for Variance nn Line of Sight The new landscaping work involved removing an old, rotting deck and replacing it with a new deck having an additional section that crosses the line of sight. Some facts should be noted. Immediately to the north, trees and shrubbery grow along the property line which minimize line of sight problems. The second property to the north has already received variance on line of sight for a deck that extends further than the deck for which this party requests variance. In addition, the next two properties to the south also have variances for decks that push out farther than this deck. Finally, it should be noted that this deck is much lower to the ground than the neighbors’ decks, hugging the ground at only one to three feet off ground level. #3 - Request for Variance nn hardcover in 75-250* range Based on a land surveyor’s figures, hardcover in the 75-250’ range previous to the work done was at 42.55 %. The owners have diligently tried to reduce this. As a result of the landscaping, the hardcover has been reduced to 39.82 %. Part of the reduction process has included removal of creosote-soaked railroad ties, which presented a potentially hazardous situation in regards to water and drainage into the lake. These were replaced with boulders. / ^1 5 Thank You, Terry Sanders 77- 'V i r ••I •^v y 5i WiiTsCtVai r.i X. n 9> /•» n ' vT f • lA - View off north skle^f-dcdc V -» . -*■ r. . Kt * •' . . A- . • . ■'• J't) ' J I I 'i i ' ’ I ''v'ffijikiSivS • rsV > y- 1 ' «• 7 * .i ^ ifSi :T':-<- iiiSi ^'Jl.'SSi *•* . : o:- "im ^ ^ ^ V f XSLH. '> ’C^rR'. ♦> •js^^’^i-*'''^ *'■••'* .. ., - «v . :.Nj'!d IB - View off south side of deck « if L« *v\'X^^.'m r m >i;r‘ •< jr ri : '• ^ • *• ‘ r. ^K^''i- ' ^ ■ > • •xr^ »;£^ ■M>-^VS"^--- H' <! ii\\M^ % • ♦ \*> .\ 2A - View of north side of hill ill I 'JO oAC*' > I.'■;i*s ' S^.v -. •‘!^ - -*■ i V ^ Lv>'/C-. >:r. Mr^ T Vl 5 ;--'r* 2B - View of entire hill from south side - - V / • % .-. V ■* ‘'(.1 -W ■ & v:.^ *^- j ‘ >• > iv'--.1 >, i.. 4 Aa •C '• k tWw-rl?:-i££Va * r* .*• n y •• »• ■ • - ^ ■ » •n .» I ; \%. ; .'ji'A, •V-* '^ *V ***» r. 3A - Close-up view of outeroppings 5*/! fall I*\ * : «.v ^1' • •V'Vv';s‘.' " * - 4 , P® : .. -y . 1^ V-'' r . V J ^ *. r? e* • e - I •.. .*; :r ; % ••' t IVm* »# •-.« # 4 .*; * ■'~i^ lmje=a^ August 18, 1998 Ke\in and Pat Kennefick 3241 Casco Circle Wa>T3ta, MN 55369 Cit>- of Orono Planning Commission/ City Council Dear Sir or Madam: Background My wife and I are seeking variances to complete a large renovation project already well underway. Our property at 3241 Casco Circle includes a 105-year-old home that was in need of major upgrading. The majority' of the work was reconstruction on the inside of the home. We stayed within the original footprint to ensure we would remain inside any hardcover restrictions relative to the home itself. Our contractor applied for all required permits and the work has progressed to near completion. The outside of the home also required substantial change. The front of the home was landscaped with a series of terraced walls made from now deteriorating railroad ties. These timbers contained creosote and included sheets of plastic between the terraces to prevent weed growth. The back of the home included the same type of timbers as well as a cement wall that was crumbling and leaning severely towards the house. We had not intended to replace the deck on the lakeside of the house at this time, but found it necessary as the construction progressed. We were removing stucco siding from the house. A portion of the stucco was behind the ledger board that supported the deck. We tried to temporarily remove the ledger board; unfortimately, we found it rotten and unsafe to support the deck. At that point, we made the decision to replace the deck in basically the same configuration it was before. We also made the decision to landscape a hill that leads to the lake in a way that would provide natural beauty and comply with we believed to be the restriction regarding hardcover in the 0-75 foot range. The hill to the lake caused a significant safety hazard when attempting to mow the grass. It was also deteriorating with large washout gullies forming when there was heavy rain. I was unable to hire anyone to mow it because of steepness and the inability of the equipment to stay on the hill. I had to wear golf shoes to stay on the hill and on more than one occasion had the lawnmower roll over on top of me. Fortunately. 1 made it through last summer without being injured. (A prior owner told me he had to tie himself to . tree to prevent falling down the hill). Something needed to be done. LCJ).• ,7 V^ Cl v.»1j. Page 2 August 18, 1998 We did not like the look of hea\ily terraced walls that you see as you drive along the lake. We wanted to retain the “period" look and keep it as natural as possible. The selection of boulder outcroppings was made based on the following criteria. We needed to stabilize the hill. We wanted to plant low maintenance bushes and flowers to give a natural look without letting it go wild. We wanted to comply with the hardcover restrictions to create an environment w here runoff could percolate and filter through the hill before entering the lake. My contractor called to check with the city and was told that outcroppings, as opposed to walls, were not considered hardcover. In discussion with the city inspector he said “this is the type of material we should be encouraging residents to use because of the natural look and the ability to absorb water under the boulders ”. We have received no complaints from any of our neighbors regarding any of this construction. The neighbor to our north said. “This is the best investment I didn’t have to make”. On our south side, the neighbor said “you have done the most beautiful job with your landscaping 1 could imagine, it is breathtaking”. Request We are seeking variances in three areas as follows: Line of.site. The main part of the deck is well within the line of site regulations. There is a lower portion of the deck tliat e.xtends out on the North side of the main deck at or near ground level. The front portions e.vtend about 4 feet in front of the line created betw een my neighbors on either side, but within the line of site if we look two houses down on either side. The area in question provides a seating area totally out of view from tlte neighbors to the North due to dense tree cover between the houses. Both neighbors have elev ated decks and our near ground level deck doesn ’t infringe on their line of site in any way. This area was put in because the main part of the deck is too narrow to accommodate a table. Hardcover 75-250 ran^e. We have designed our landscaping plan to accomplish as much reduction of hardcover as is physically possible. We have reduced the overall hardcover from 42.55% to 39.82% as a result of those efforts. The efforts included; eliminating 133 sq. ft. of driveway space, removing plastic under all rocked and landscaped areas and replacing them with natural mulch, eliminating one wall of railroad ties and replacing other walls with more ironmeni friendly boulders, breaking out a concrete ramp that led to a basement walkout, and replaci’’ much smaller cellar door under the main deck and looking for further reductions with c . v jn«^i*.cation w e make. Much of our hardcover in this range is made up of slotted deck, which at least allows indirect absorption of water. Our hardcover challenge is preserving an older home with a detached garage and driveway within the 250-foot mark. We seriously considered tearing down this old landmark and constructing a new. modem home with all the conveniences of an attached garage and a real basement. Had we done so we could have easily met hardcover requirements within our 120 ’ .\ 350’ lot. We decided that we would “put up with’’ some inconveniences to retain the charm and beauty of this old place and we did not have the heart to let our home be one more casualty on the lake. It does however, present us an impossible task of getting within the prescribed hardcover limits. fr ^ /it JL.E Page 3 August 18, 1998 Conditional use permit for ^radin^ within 0-75fi range We are also requesting a conditional use permit for grading changes to the hill in the 0-75ft area. We have, as stated above, used boulder outcroppings to support the hill, without creating walls. The plantings, as the grow, will cover a substantial amount of the boulders creating a natural looking finish. My understanding is that individual boulder or outcroppings of boulders are not considered hardcover. In our initial discussions with the cit>' it was determined t^t the use of boulders according to our supplied plan, was within the guidelines for adding material to the hill. The city persoimel later came to the site, viewed the hill and determined a conditional use permit would be necessary. The slope of the hill is essentially the same as it was before. The boulders will allow us to fi.x a worsening erosion problem and slow the water running down the hill. It will also provide for natural looking plantings that can be maintained safely. Your approval for these variances and conditional use permits will allow us to restore the outside of the home to it’s original charm. Thank you for your consideration. Sincerely. Kevin and Pat Kennefick Home Owners 1u ClTYof ORONO Municipal Ofliccs Stnct Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 July 24, 1998 Mr. Terry Sanders Natural Environments Corp. 1110 Evergreen Lane Plymouth, Miimesota 55441 Re: Work Without Building Permits Dear Mr. Sanders: On June 24,1998 this office notified you of the requirement for a variance/conditional use permit for a deck and shoreline work that has been completed at 3241 Casco Point Circle. As of this date, an application has not been received. As this is an after-the-fact situation, the City must require you to remove the deck and restore the lakeshore bank to its original condition or if you feel you can demonstrate a hardship, you can apply for a variance and a conditional use permit. A deadline of August 10, 1998 has been established for removal and restoration or submittal of variance and conditional use application and required submittals. If this deadline is not met, the City will initiate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, Lyre Oman Building Official LO/ch Enc. Variance/Conditional Use Permit Application cc: Kevin Kennefich, 3241 Casco Circle, Wayzata, MN 55391 Bruce L. Vang, Field Inspector Elizabeth Van Zomeren, City Planner/Zoning Administrator Paul Weinberger, Asst. Zoning Administrator Tdcphonc (612) 473-7357 • FAX 473-0510 ^S'4:Fk O GlTYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Maning Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Mr. Teny Sanders Natural Environments Corp. 1110 Evergreen Lane Plymouth, Miimesota 55441 Re: Work Without Building Permits Dear Mr. Sanders: • ti On June 24,1998 this office notified you of the requirement for a variance/conditional use permit for a deck and shoreline work that has been completed at 3241 Casco Point Circle. As of this date, an application has not been received. As this is an after-the-fact situation, the City must require you to remove the deck and restore the lakeshore bank to its original condition or if you feel you can demonstrate a hardship, you can apply for a variance and a conditional use permit. A deadline of August 10, 1998 has been established for removal and restoration or submittal of variance and conditional use application and required submittals. If this deadline is not met, the City will initiate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, Lyre Oman Building Official LO/ch Enc. Variance/Conditional Use Permit Application cc:Kevin Kennefich, 3241 Casco Circle, Wayzata, MN 55391 Bruce L. Vang, Field Inspector Elizabeth Van Zomeren, City Planner/Zoning Admimstrator Paul Weinberger, Asst. Zoning Administrator Tdepbone (612) 473-7357 • FAX 4734)510 uHiMJ ocosa OAI|OtUM'iU* . I COFFIN k GRONBERC. INC. ^+{-11 m tomtim oaam u «d u^cioa m mm ^ IMMAAOI A^OU. LOC Ui^ IM 1.4-473-4141 I roov ctaif f n«ir i»« v^cfotoi am 4wii Mi^AMO er iC CM (MU WV OMCt A#Un«CM JM) TH«t I Alt A OU.* IXM4D MVtiMSMl OCMIA AIO UM) UHn* «MO »4 U«» 9 M IU4 9 MMStA t SCAtC Oa TC a/ii/M jot Nt M-331 1 2f e 3•ua AV NA i 0 - f i J • Mt AJ I HARDCOVER CALCULATION WORKSHEET 75-2S0’250-500'500-1000’ FXISTINC HARnrnVER TN ZONE A. ttmrer ____________ Length Width B. Garage ““ C. Driveway X X X \ D. Sidewalk S7 Csr*^f sr$^F) E. Patio/Deck F. Landscape Underlain By Plastic d&ICJd. G. Other 30 X X X X X X X X X /J total hardcover in zone TOTAL PROPERTY AREA IN ZONE ___f7S - B 8700 PROPOSED HARnrOVER IN yONT A. House ____________ Leiijih Width B. Garage ’ C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic C Other X X \ t X X X X X X X X X • * m ' •TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _______ B- X 100 = 14-8 1A£l (^7Sr 175 S700 . 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. //,2/ % A B S.F. S.F, S.F. S.F. S.F. iS.F. rrsniEl S.F. i ” X 100 = S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F,. % J.. • -A* *4 A B /VAvT ’U HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A. House X 75-250*250-500' 500-1000' L(n(ih WidOi B. Garage C. Driveway D. Sidewalk • _E, Patio/Deck. X X X \. WallandscacMF. Landscape Underlain By Plastic zr X X X X X X X ^■77. G. Other I total hardcover in zone TOTAL PROPERTY AREA IN ZONE _ _^ B :%7& X 100 PROPOSED HARDCOVER IN ZONT A. House Length 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 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ "i* 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. 7Z._% A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 10 T - S.F. ipt S.F. S.F. S.F. i:F. X 100 = S.F. S.F. S.F. % A B /^i ^ I Ly ^— HARDCOVER CALCULATION WORKSHEET .....SETBACK ZONE; (CIRCLE ONE)(^■1^ 75-250*250-500*500-1000* EXISTING HARDCOVER IN ZONE • X a /48 SF. sneo Lcnjih Widih X s S.F. • • ••. X =S.F. •X »s.f: B. Garage . . X „ ‘S.F. • rnmmm • C. Driveway • \X a S.F. X s \S.F. D. Sidewalk sr__X 4-14^S.F. c UJOOO X s S.F. E. Patio/Deck • ' ■ X s S.F. •X *•S.F. • 1 ** V ' P- Landscape X a S.F. . Underlain -X s •S.F. '•• By Plasilc X a S.F.-----Btuct. -C. Olher .....fj » .3 4 S.F. TOTAL HARDCOVER IN ZONE 3 00 S.F. 0/ . -TOTAL PROPERTY AREA IN ZONE .S.F. iw*' • ' Ayv.‘ ^^00 -5- B B"?0O X 100 zz 3.45 %i-v-V .*<• • ■ • **•. ..• > ’ .s PpOPOSED HARDCOVER IN ZONE •; House '•X s S.F. • •• ••Lcn|Uh Widih • • •• •• •X =S.F. «X s S.F. •a S.F.• • B. Garage' 9 » 1 X S.F. C. Driveway X S.F. •v .X • ...s •S.f; D. SldewaUc • X S.F..V*- %. i-i- h* • • •- X ' *■*s • . • • •S.F. ••—£.••• Paiio/Dcck . .X a 'S.F. • ■ • •• • m X a•S.F. F. Landscape X • S.F. . Underlain X a S.F. By Plastic X B S.F. • • ■ ^- * ..• . 0. Other X a S.F.• • •• • • • • • * TOTAL HARDCOVER IN ZONE ..m S.F. TOTAL PROPERTY AREA IN ZONE m S.F. A + B- X 100 »% OGf^Ol2^ A B >v. 5 * !•- •4. .7 » Z k H A . B 0 HARDCOVER CALCULATION WORKSHEE 1 SETBACK ZONE: (CIRCLE ONE) 0-75’75-250> EXISTING HARDCOVER IN ZONE A. House Lcnjih 5^ /C75 X X X Widih £>, & _B. Garage ^^€rS7ir^ C. Driveway ___ Oe/ir€L \ 44- ^ y ofr't/f D. Sidewalk _ E. Paiio/Deck _ F. Landscape _ Underlain __ By Plastic _ emob^ *~G. Other ■ x TOTAL HARDCOVER IN ZONE total property area in zone A 8SS3 -r B . Zofoo X X X X X X X X X .3 PROPOSED HARDCOVER IN A. Howe • Lcnjih Widih fv : :/ I ■ • • . 1 • • » 1 B.Garage ' C.Driveway D.Sidewalk E.Patio/Deck f!Landscape Underlain By Plastic 0.Other X X • X \ . X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ 4- B • X 100 = 250-500-500-1000’ 9 ^^S7 •S.F. ^o S.F. =103 S.F. =7^S.F. S S.F 2-0me S.F. =5 S.F. 3//S.F. =/o o S.F. 7az ■S.F. . sm 744 S.F. St i/f5 S2( 80 S.F. S.F. e /3C,S.F./a S.F. ess’s • • S.F. •2.0. / 0 0 S.F. =s 42.S5 % S.F. tilths X 100 5.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 IC I •X 3 A B SETBACK ZONE: (CIRCLE ONE) 0-75' HARDCOVER CALCULATION WORKSHEET 75-250- (Tso-soo;^ SOO-ICOO’ Lr 6//g/^g, F.XTSTINC HARDCOVER IN 7.0NF A. House _________ X Leniih Widih B. Garage C. Driveway D. Sidewalk Patio/Dcck X X X X X X X X X 477 ZC,CX S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. NATURAL ENVIRONMENTS CORP. OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK HENNEPIN COUNTY, MINNESOTA Kevin Kennefick 3241 Casco Circle Orono, Mn ' L-C C OC'V > CVNw O ^ ^ ~ ^ ^ P9 ^ S •*ts, miM LANDSCAPING PLAN ^11''IX - kr*’‘* '=0(2, I svTT 1 2 } « S • 7 I 9 10 II 12 13 14 15 16 17 II IQ 20 21 22 23 24 25 26 S M 27 21 29 30 Stonccrop BnliMi Sicfla Oc Oro Edfiftf CMd)tuA Ganicn Phlo« Hollyhock Clmicrcd BdAowtr MooHhmw Cofioptit KrdsncuSpiM Sprcadifit Yfw Pcc Gw HydrMgtt lao>ncat Red UiT Various hofto Colorado Mm Spoice WdcMMptr laOMtscWMc Spra RiisriaoSi|i DripMfihim FoumaMiCnss Feather Retd Grau Fon>‘0iia Sibtf»afi Iris Austrian Nie WihonBlMRuf Crimson Pigmy Link Princeu Spirtt Red Car|fci Slor«.<rop Monejm*ori American Compaa Vibuni Purple Leaf SandcKcrry Rad hrigged Dogwood Tcchny Globe Cm Gold Mou Stonacrop 3 1 Pifikipire Crab Tree 32 Goldmound Spires 33 Afio Rhododendron V Crown Vetch Globeflower Charies 3o0y Uac Speedwell Carol Macke Daphne MughoPint Blanket Flower Shasta Painted Daily Upright Vew U'^^Winged Etfonymus AitiSie 7 34 35 »P 36 37 B D 31 39 A i| i| i| •I fli •1 fl i| iS ir 07 ir flr 07 ir ir ii ii fl so il 4* fS II- II- ii ii ir 30- 30- ir 11 i.r ir i3 fl fl so il 12 15- i| ■ i| 3* 3(T i| RUN DATE 68/11/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIAS5481 PACE 19 BATCH 511 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 58 20-117-23 93 0009 03297 CASCO CIR KURT CARLSON 0 WIFE KURT 8 LUCILLE CARLSON 3297 CASCO CIR WAYZATA NN 55391 38 20-117-23 93 0010 03293 CASCO CIR JANES H RICHARDS 8 WIFE JANES H RICHARDS 3293 CASCO CIRCLE WAYZATA NN 55391 38 20-117-23 93 0013 03237 CASCO CIR 6 NASIEDLAK 8 N NASIEDLAK 6 NASIEDLAK 8 N NASIEDLAK 3237 CASCO CIR WAYZATA NN ' 55391 38 20-117-23 93 0019 03235 CASCO CIR S 0 SILUS 8 E C SILUS STEPHEN SILUS 8 ELAINE SILUS 3235 CASCO CIR WAYZATA NN 55391 38 20-117-23 93 0015 03233 CASCO CIR O' N SPILSETH 8 P D SPILSETH DAVID N SPILSETH 3233 CASCO CIRCLE WAYZATA NN 55391 38 20-117-23 95 0031 00038 ADDRESS UNASSIGNED THE CASCO CO THE CASCO CONPANY ROBERT 0 NACNIE 3135 CASCO CIR WAYZATA NN 55391 38 20-117-23 93 0050 03291 CASCO CIR K T 8 P A KENNEFICK KEVIN T/PATRICIA A KENNEFICK 5291.CASCO CIR WAYZATA NN 55391 TOTAL BATCH 511 00007 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 NY KNOWLEDGE AND BELIEF. eiiMDATE '^j'1/a' ftJ ft X STREET 1‘ILE PERMIT RECORD PERMIT NO.DATE TYPE OF PERMIT ) // cr’/-/7*/7 A 7*ao- 7?- ' /- / ^ 'll 7-S-^7 JT"7 ^ 7-/9 74 vCiX-. 6^oL JP .5* 7 V 7-,P^o- f-V t)dL A)'.? AA Al ^ ^ / atoia ^'7 43a(j ^3n L--J 4^~~y\ Jr- J '/Ls^ S 7- 7-^3 A' // C>1<S *7^ --------------------«-------------/i -- —.....—■'■ -------------- ^ ^ - _____________CiL7___________________________________________ _________c3-6-97 Pi^: V 7- -/?- 9/-nPu. -D. /<?- ^M-7D 5- “fV /OO 3 .=2&_ f,?' /c,7 '^D ^S( V--------------------------------- • TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:August 14,1998 SUBJECT;#2418 Robert Lund on behalf of Graydon K. and Michelle M. Newman 1655 Bohn's Point Road Variances-Public Hearing ___________ Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area;Irregular, Greater than One Acre Application: The applicants have proposed to construct a new residence with a pool terrace on Ae property meeting all yard requirements. The house would be located 91' from the lakeshore, encroaching 88' into the average lakeshore setback. The edge of the pool terrace would be located 114 ’ from the lakeshore, encroaching 44 ’ into the average lakeshore setback. A variance is required from the average lakeshore setback requirement for these structures. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. Last year the applicants received variances from the average lakeshore setback and hardcover to construct a new home. The applicants are requesting to maintain the 26.7% hardcover allowed in the 0-75’ setback although the site plan has changed. They have downsized the driveway and have a new house footprint, also they have added a pool. This application requires the following variances: 1. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore Setback and the pool terrace would encroach 44 ’ into the Average Lakeshore Setback. 2. Hardcover within the 75-250’ lakeshore setback. Last year the applicant received a variance to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover that was approved last year. They also plan to remove a play house that is located within a required side yard setback. Lot History: In July 1997 the City Council adopted Resolution No. 3939 allowing an Average Lakeshore Setback ^'a^iance that would allow a new residence to be constructed on the lot. The proposed house would have been approximately 10 ’ closer to the lake than the new plan. H2419 Croydon and Michetle Se^^lnan 1655 Bohn*s Point Road Variances 9/21/98 Page I The resolution also approved variances to allow hardcover of 12.3% in the 0-75’ setback and a variance to allow 26.7% hardcover in the 75-250’ setback. The applicants wish to maintain the 12.3% existing hafucover in the 0-75’ setback to include a deck, walkway, retaining wall and stone block. Previous variances have been approved on October 9,1995 (Resolution No. 3618) for the property to allow hardcover for concrete walks and retaining walls along the lakeshore. A conditional use permit was granted at that time to allow filling and grading to stabilize the lakeshore. The applicant does not intend to make any changes within the 0-75’ lakeshore setback.___________________ Pertinent Ordinances: Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback Section 10.22, Subd. 1(B): Average Lakeshore Setback Section 10.56, Subd. 16(L)(2): Hardcover Regulations Section 10.22, Subd. 2: Hardcover Regulations ?! Croydon and Michelle Newman 1655 Bohn's Point Road Variances 9/21/98 Page! ANALYSIS Lot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140*75 ’10’35 ’ The property does meet lot area and \vidth requirements for the LR-IB zoning district. However, the house and pool structure would not meet the required Average Lakeshore Setback. The residence would encroach 88' and the pool terrace would encroach 44’. The pool terrace would not be located closer to the lake than the principal residence. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75 ’25,360 s.f.3,120 s.f. (12.3%) none (0%) 3,120 s.f. (12.3%) none 75-250 ’43,400 s.f.11,606 s.f. (26.7%) 10,850 s.f. (25%) 11,605 s.f. (26.7%) 1.7% as was approved 7/28/97, per changes submitted 8/22/98 The applicants have requested a variance to maintain the 11,605 s.f. of hardcover they were allowed last year. The applicants have proposed to remove portions of the driveway and an accessory building located within a required side yard setback to add a gazebo to the lakeside of the home and a pool. A building permit has been issued and the foundation installed for the house. At the time of this report the main floor of the home construction has begun. The applicants have not applied for a building permit to construct the pool at this time. 1^2419 Croydon and Michelle Se\vman 1655 Bohn*s Point Road Variances 9/21/98 Page 5 Structural Coverage The lot does not exceed the allowed lot coverage of 15%, ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in 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 applicants have begun construction of the home as per the approved hardcover and average lakeshore setback. As a result of obtaining a building permit within one year of the variance approval they can utilize the 26.7% hardcover for the plan as presented in Zoning Application #2265. The new site plan would require an average lakeshore setback variance to allow the revised house plan and the pool. A hardcover variance would have to be approved to allow the construction of the pool. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's sight lines are not affected by placing the home closer to the lake than the Average Lakeshore Setback. The setback line is pushed back on the lot as a result of being located on a peninsula. The hardcover variance tor the same amount of hardcover was approved last year, but the plan change to allow a pool would require another variance. It should be noted the lot is pie shaped limiting the land located within the 75-250' setback. The variance, if granted, will not alter the essential character of the locality. H2419 Croydon and Michelle Sev^Tnan 1655 Bohn*s Point Road yariances 9/21/98 Page 4 4. 5. 6. 7. 8. 9. llie variance would not change the locality. The property would be used as a single family residential lot with a swimming pool as a permitted accessory structure. 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, which is consistent with the zoning. A swimming pool is allowed as an accessory structure in the zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot is located on Bohn's Point. The properties do not entirely face the same direction. The subject property is located on a curve creating a lakeshore view to the southwest. The easterly property would have a lakeshore view to the south. The topography of the land and vegetation also creates a visual barrier between all affected lots. The applicant's lot is pie shaped resulting in the 75-250' setback not beir" representative for an average lot in the zoning district. The conditions do not apply generally to other land or structures in the district in which said land is located. The lots are located on a point resulting in an Average Lakeshore Setback line being pushed towards the back of the applicants property. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants are exceeding the lakeshore setback by approximately 44*. The proposed location of the structure on the property was approved as part of the variances last year. The applicant is requesting trading approved hardcover from the driveway for a swimming pool. The granting of the proposed v nance w ill not in any way impair health, safety, U2419 Croydon and Stichille AVwman 1655 Bohn's Point Road Variances 9ai/98 Pages comfort, 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 applicant's have demonstrated a hardship by the location of the lot on a point affecting the location of the Average Lakeshore Setback. It has also been demonstrated there would be minimal visual impact on the neighborhood. Issues 1.The applicants are requesting a variance from Average Lakeshore Setback requirements to allow a slight plan change to the residence and adding a swimming pool on the north side of the property. 2. 3. 4. The lots are not consistent in the direction they face the lake. All lot requirements would be met by the proposal. On July 28, 1997 the City Council issued a variance from allowed hardcover in the 75- 250' lakeshore setback to allow the construction of a new residence with additional driveway space. The new proposal would permit trading hardcover from the driveway for the swimming pool. 5.As a conditional of the approval for hardcover of 26.7% in the 75-250' setback the applicants would remove a structure that encroaches into the side yard setback. 6. The property contains a small guest house that would remain on the property. STAFF RECOMMENDATION Staff recommends approval of the variance from Average Lakeshore Setback requirements based on prior approvals for average lakeshore setback and to allow hardcover of 26.7%. U24I9 Croydon and\firhelU Sewnnan 1655 Bohn's Point Road Variances 9/21/98 Page 6 i Attachments A B C D E F G H I J K L Application Statement of Hardship Plat Map Location Map Survey/Site Plan Hardcover Calculations Approved Site Plan Minutes from the 7/28/97 City Council Meeting Resolution No. 3939 Property Owners List Permit Record for 1655 Bohns Point Road Resolution No. 3618 U2419 Croydon and Michelle Sewman 1655 Bohn*s Point Road Variances 9/21/98 Page! A • • mm • • *• Application # - • Date Received 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) Variance for non-conforming structures ' $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress ifiss Rohn’s Poirn- Pr.=^ Property Identification Number (P.ID.) 1711723110002 Attach legal description to application if not included on required survey. Date Property Acquired^__________________________________________^(month/year) I (do) QJbxkcO adjacent parcels of land. Present use of property: X residential ___pother (specify)______________________ Zoning District: LR-IB___________________________________________________ APPLICANT Phone (horned (612) 927-0379 Name Robert Lund (Architect)_________ Phone (work) (612) 927-f)6fl0 Address:4829 E. Lk. Harriet P)cwy City: Mols_____________Zip: ss4ng OWNER (if different than applicant) Phone (home)(612) 471-8791 Name Gravdon K. a Mirh^llP m. Phone (work) (612) 349-6985 Address: 1655 Bohn's Point Road City: Way7:af-a _________ Zip: cjS'^QI DESCRIPTION OF REQUEST Estimated Constmction Cost $ 1,200 , POO Describe request in detail: See attached sheet ______________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Mdth f •• •■ . •• » * \\ ■o'; • ‘Setbacl 09 Front Side X_Hardcoyer 0 Rear Lot Coverage Average Lakcshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COI^ITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _________________________________________________________________ (attach additional sheets if necessary) c ^ I ^ • aTF » • *^Xir**”'~''''*^\ ~l^w \ \ ^^^:North EUnN ST ■ AicrttwH4 •* ?chrstin £ or = ‘.v.’.‘r.*-'-w-c x> ■’•;\rs\ \-T-.. .s'.-»v v-. .— -j: WSTU soMCRsrr * ^ISwwo*it t«JlS- I lATStDEID * 0 inOROObr AnU wtl line ..... ••••••• wmi N' > c-'‘a 1 c»HMr ■\/*c ■• .\»«/«ooo ■ V-' O' FOX FOX \ 400 :••. .’CrS>%-r* >.•■ Maxwell ia . • %., • * •VT.' 1 .Sl;.-». irenberg (kfd«3 800 >-A *T » •*^***^^ ^ f TO RONOr^ ^1 irm :*Avp^ FdgernasPdrit i.* ' fcrS?- oa**I [UW »4ST0« TWwSl» ' imc ^XSHOiUUMC O SON FWWKactT Wr?. LTOUR . \ MINNETONKA "JT • V > • t. ^ • • t.: • r..3"/ :■■>> .:V >; • «%• • a _______ . /;* v\ I i^'i ii li, I !(!il! ti r repose SUt ?Ur^ r-V'Ui ll i!i % X •% X'' .' *•-* ''•>%: •'^'^r-...{•; _________5—•^.v*‘-^. •».. —-... • •• . -V-" ..., ---------------------------------------- H HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCI.E ONE)t 0-75’ EXISTING HARDCOVER IN ZONE A. mWftC' 7 3__________ 75-250*250-500* Wellhouse .Width B. Garage C. Driveway X X X X X IDOO Gone.-- by snore E. Patio/Dcck •) 7 Pa»-i 11 n ng.r«v F. Landscape Underlain By Plastic G. Other X X X X X 1 <V^n c4-r>n(a cOflC? wal 1 fi 96 stone stair TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ________ -J- B 2S:16Q X too = PROPOSED HARDCOVER IN ZONE A. _____________X Wellhouse 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 PROPERTY AREA IN ZONE A 312X1________ B 25360 500-1000*\ 1837 122 1126 •^1 25360 1837 110 1126 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. F lofa _ S.F. _ S.F. 12.3 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ; S.F. S.F. X 100 3120 S.F. 2 S 3 fiO S.F. 12.3 % ( •/ *. : -1 • *• A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONF. A. House '_________•. • "x Playhouse G 75-250'250-500’500-1000' Length Width X X X # • B. Garage inc. w/house C. Driveway D. Sidewalk 290 funder trellial 9fi (walk to lake)t E. Paiio/Dcck 720 (deck! x 684 (patio & x attached deck) F. Landscape ____________ ‘ . x Underlain _____________ x By Plastic 90(block retaining wall) G. Other 144 (stoop @ fronji brick wall) TOTAL HARDCOVER IN ZONE TOTAL PROPER rv AREA IN ZONE 11>606 -i- B 43,400 X 100 PROPOSED HARDCOVER IN ZONE A. House X Length Width * X X X B. Garage inc. w/house C. Driveway X X D. Sidewalk 96.5 •X X E. Patio/Deck 24 (pergola)X X F. Landscape 30 (ret, wall) x Underlain _____________ x By Plastic _____________ G. Other Pool & deck X X • • A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 11,605 + B 43,400 X 100 3210 112 5690 1404 234 11 r ^ ann 26.7 5922 96.5 1059 11.605 26.7 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. 4473.5 .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 ./ ii f ^ ^ . ; I . ' /•* .* ;• ■ i .-• r" \ \ }'> '( ;) .X • • M« *••* •• *•• tl» *•»•• . •••«»« •• «#••• • •• •» •• ••••« V !*• • (r« •• • •■ •* M* * •• • • • M ••••■ «•• 't»» ;r v4 r»CERTIFICATE OF SURVEY •7- V^o •”***r!! u! *nn?* •••*- •• •• »c A M 00 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28,1997 ( #10. - #2261 - Tony Eiden Company - Continued) Van Zomeren reviewed the plat for the property. She indicated that the applicant is the developer of the property currently under purchase agreement from Thomas Meyer. The 1.77 acre property is located in the LR-1A Zoning District, which requires 2 acres. Van Zomeren said she believes there is enough space on the property for a building pad that would meet all required setbacks. The Plsmning Commission unanimously recommended approval. Staff recommended approval or amendment of the resolution. Jabbour moved, Goetten seconded, to approve Resolution No. 3937. Peterson asked about the proposed stmcture and its relationship to the Luce Line and Staffs recommendation. Van Zomeren said she would preferred to have seen the building plan but the size of the lot is adequate. Jabbour amended his motion, Goetten seconded, to include no further variances will be allowed. Vote: Ayes 5, Nays 0. (*#11) #2262 NED BUTTERFIELD, 3745 WATERTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3938 Goetten moved, Peterson seconded, to adopt Resolution No. 3938. Vote: Ayes 5, Nays 0. (#12) #2265 ROBERT LUND FOR GRAYDON K. AND MICHELLE M. NEWMAN, 1655 BOHNS POINT ROAD - VARIANCES - RESOLUTION NO. 3939 Architect, Robert Lund, represented the applicants. Van Zomeren reported that the request is for average lakeshore setback variance and hardcover variances in the 0-75' and 75-250', which would remain consistent with current percentages. The property owners plan to remove an existing residence and construct a new residence. The property is on a pie-shaped lot which is the reason for 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28,1997 (rrl2. - #2265 Robert Lund for Graydon K. & Michelle M. Newman - Continued) the average lakeshore setback request. The adjacent residences are behind the proposed structure. The proposed structure would be more than 100' &om the lakeshore. Goetten asked for more visual details of the property. The 12.3% hardcover in the 0-75' setback w’as clarified. Goetten had questioned whether the Planning Commission had discussed any removals in that area. Van Zomeren said there is currently 3132 s.f. of hardcover in the 0-75 ’ and is proposed at 3120 s.f. A deck platform was removed by the lakeshore to allow for approval of a prior variance request. Lund said there is 12' of terrace around the house that is being removed. Goetten noted that the packet did not include any information regarding what was included in the 12.5% of hardcover. Gaffron reported that the hardcover includes a deck, walkway, retaining wall and terrace area and stone block. Jabbour asked if it exists now. Gaffron said some was taken out and a different walkway installed. Lund said the walkway consists of broken up rubble. Jabbour noted the explanation why a seawall was required during the last discussion of the property. Jabbour said the existing structure includes riprap and a retaining waill. Gaffron said this was not an issue from Staffs viewpoint. Goetten moved, Peterson seconded, to adopt Resolution No. 3939. Vote: Ayes 5, Nays 0. (*#13) #2266 RONALD AND ROBIN HOHRMAN, 190 CYGNET PLACE - VARIANCE - RESOLUTION NO. 3940 Goetten moved, Peterson seconded, to adopt Resolution No. 3940. Vote: Ayes 5, Nays 0. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 3 0_____ r A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.24, SUBDIVISION 5 FILE #2265 WHEREAS, Graydon K. Newman and Michelle M. Newman (hereinafter "the applicants") are owners of the property located at 1655 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 to allow removal of an existing residence to constmct a new residence. Variahces for hardcover in the 0-75' lakeshore setback where 3,132 sq. ft. (12.3%) is existing and 3,120 sq. ft. (12.3%) is proposed where none is allowed; hardcover in the 75-250' lakeshore setback where 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ft. (26.8%) is proposed and 10,825 sq. ft. (25%) is allowed; average lakeshore setback to locate behind the 75' lakeshore setback ahead of the average lakeshore setback where approximately 130' is required. Mirmesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2265. The property is located in the LR-IB, where the minimum lot area requirement is 1 acre. Page 1 0 i £|'ho:5 ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3^3 0___• J. 4. The Orono Planning Commission reviewed this application on July 21, 1997, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The zoning lot meets the minimum lot area requirements. B. The zoning lot is located on a peninsula is irregular in shape. C. There are mature trees on the lot that the property owner wants to preserve. D. Variances were previously granted for hardcover to change the shoreline where there is steep topography. The City Council finds that the conditions existing on this propert>' are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with tl»e spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • • CONCLUSIONS, ORDER AND CONDITIONS r Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setback and hardcover variances in the 0-75' and 75-250' lakeshore setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 to permit removal of an existing residence to allow construction of a new residence ahead of the average lakeshore setback and behind the 75' lakeshore setback, subject to the following conditions: 5. Page 2 of ^ 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 3 9 1. 2. 3. Authorities granted by this • variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or variance will expire on that date (July 28, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 chain of title of the property. Adopted by the Orono City Council on this 28th day of July, 1997. ATTEST: l(/. Dorefey M. Ilallin-, City Clerk L>M0C. Property Ovmer(s) t STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing inst^entwas acknowledged Jiefmi 1997, by Gabriel Jabbour & Dore&iy M'!*italliti, Mayor e me on this 28th day of July, ity Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was* executed on behalf of the City. CAROLE A. HASEMAN « ^ kotarypubuc -minnesota kV HBINEPIN COUNTY I[5 MyCem/nluIcntoIre$Jm.3l.2COO 5 Notary Public Page 3 of I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ Q 3 9 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. L jyi ^_____, 199 S . before me a Notary Public within and for said County, personally appeared UitUl U r>u.rr.v^._________ p Notary Public 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 PU8UC-MINNES0TA W HENNEPIN COUNTY K My CcRiirussIcn ; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of f m ^, 199 y . before me a Notary Public within and for said County, personally appeared K. ^ /vi.* rr ,v7._________ 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 z . CAfiOLEAHASEMAN t »<OtWPUBUC-MlNNESOTA S[• « HBWJEPWCOUNTY »h My Ccmmimcfl Exphg Jw. V. xoo »I*i Page 4 of I RUN DATE 08/17/98 BATCH 510 PROP AODR OWNER NANE TAXPAYER NAME/ADDR 38 16-117-23 22 0002 016^0 BOHNS POINT RD DAD DUNLAP DAVID J t DIANE J DUNLAP 1690 BOHNS POINT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST 38 lf-117-23 22 0009 01720 BOHNS POINT RD DAS ANDERSON ET AL DAS ANDERSON 1720 BOHNS POINT ROAD WAYZATA MN 55391 REPORT NO. PI955901 PAGE 99 38 16-117-23 22 0006 01725 BOHNS POINT RD W L HOEFT I A D HOEFT W L HOEFT A A D HOEFT 5 WOODLAND RD EDINA HN 55929 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 17-117-23 11 0002 01655 BOHNS POINT RD G K NEWMAN JR A M M C NEWMAN CRAYDON K NEWMAN JR MICHELLE H C NEWMAN 1655 BOHNS POINT RD ORONO HN 55391 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED DAS ANDERSON ET AL PATRICK A KATHLEEN HALLOREN 1695 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0006 01635 BOHNS POINT RD S P MOSELEY ASP MOSELEY STEPHEN P A SUSAN P MOSELEY 1635 BOHNS POINT RD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 17-117-23 11 0007 01695 BOHNS POINT RD P J A K A HALLORAN TRUSTEES PATRICK A KATHLEEN HALLORAN 1695 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0008 00038 ADDRESS UNASSIGNED G K NEWMAN JR A M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED G K NEWMAN JR A M M C NEWMAN CRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO HN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 17-117-23 11 0010 00038 ADDRESS UNASSIGNED C K NEWMAN JR A M M C NEWMAN CRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0011 00038 ADDRESS UNASSIGNED G K NEWMAN JR A M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0012 00038 ADDRESS UNASSIGNED G K NEWMAN JR A H M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 17-117-23 11 0013 00038 ADDRESS UNASSIGNED G K NEWMAN JR A M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 TOTAL BATCH 510 00013 # ej) 4! / * . / * •L' c/i v;B M PERMIT RECORD Permit No, ‘i&'h 330 g> 5/f ^ Date " -n-L^ /'/S-gf Type of Permit 75<4? S^3^-5> /i?/'') 3Q- ‘^oi>4 /^3 5';fc /£>¥9 ‘/ 3-<s> ~84 f.-OL-i,^ K'^‘?-SS 16-8’=, ;vi4 ^ I /o-^3~-9l V? '^S~ 7- /S'- ?/ jiAm • A^Lsi__ \r-3(L^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3618_ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (J) ANT) (L), and a conditional use permit PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2072 AVHEREAS, Graydoa Newman, Jr. (hereinafter the "ap^icant") is propeny located at 1655 Bohn ’s Point Road within the City of Orono (hereinafter City ) legally described as: Exhibit A attached ((hereinafter the ''property"); and ^VHEREAS. the applicaot has applied to the City for variances to -7 • „ rode <!ection 10 22 Subdivisions 1 and 2. Section 10.55, Subdivision 8, and Section foTsubdWs ri6 placement of hardcover in the 0-75' none where no todcover ^ ^ ild for a variance to Section 10.22, Subdivision 1, Section lO.bo , SuMMston 8 'and Section 10.56, Subdivision 16 (J) for filling and grading work witto the 0- 75"k zo" Wher^no grading or filling is normally aUowed; and for a condttional use permit for land alterations in the 0-75’ zone per Section 10.03, Subdivision 19. Minnesota: 1. 7 J. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #2072. The propeny is located in the LR-IB, Single Family Ukeshore Residential Zo ning District. The Orono Planning Commission reviewed this application on September 18^ ]^95 alTrecoimneirded approval of the proposed variances and conditional use permit based upon the foUowing fmdings: Page 1 of 7 • •• 4. A. B. C. D. CITY of ORONO RESOLUTION OF THE CITY COUNCIL MO 3 8 18 The existing 604 s.f. deck platform located at the shoreline encroaches into the neighboring propert>- and is proposed to be removed, resultmg m significant decrease in hardcover near the lakeshore. The net decrease m 0-75’ hardcover from 14.4% to 12.5% is a positive improvement to the property. ADPlicanfs dock siinilariy encroached the neighboring property line extLded and is proposed to be moved to meet LMCD thereby creating an access point offset by approximately 30 from me Sg concrem suirway which leads down the lakeshore bank and provides access to the shoreline for the applicant. planning Commission fmds that it is appropriate to allow a 4’ laterally along the shoreline to connect the new dock access poin existing concrete stairway, thereby avoiding an additional cut mto the lakeshore bank. The proposed addition of boulders adjacent to the existing retainmg wdl approximately 10-15’ back from the shoreline in addiuonal support for the lakeshore bank, and the ^ height of riprap at the shoreline is appropnate to protect the ' Thf proposed 12" depth of sand between the riprap and the has been reviewed by the City Engineer who fmds it ^ engineering standpoint. The majority of the sand area reC^egetated with native grasses, leavmg approximately a 10 an^exposed to provide a "beach" character. Planning Commission fmds patio blocks in place underneath the sand layer may prov.de additional stability for the shoreline and therefore it is appropn the patio blocks in place. The Citv Council has considered this application including the of the Planning Commission, reports by City co^-ts by diTapplicants and the effect of the proposed vanance on the health, safety and welfare of the community. Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 8_____ 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and Section 10.56, Subdivision 16 (L) for the construction of a 4' wide walkway parallel to the shoreline for a distance of approximately 30' and within the 0-75* zone where no hardcover or structure is normally allowed, and a variance to Section 10.22, Subdivision 1, Section 10.55, Subdivision 8, and Section 10.56, Subdivision 16 (J) to allow filling and grading in the 0-75’ lakeshore setback zone where such work normally is not allowed, and grants a conditional use permit per Section 10.03, Subdivision 19 for land alteration in the 0-75* lakeshore setback zone, subject to the following conditions: 1.The shoreline maintenance work including boulder wall improvement, riprap improvement and sand fill shall follow the plans submitted by the applicant's landscape designer. 2. The existing patio blocks shall be removed prior to placement of the sand layer. 3. The platform deck shall be removed as proposed. 4. 5. The walkway constructed from the base of the existing concrete stairway to the new dock location shall not exceed a width of 4*. • Applicant is advised that hardcover in the 0-75’ zone shall not exceed 12.3% per the sketch and listing attached to this resolution as Exhibit B. Applicant is advised that any future proposal to add hardcover in the 0-75’ zone will likely not be approved, but might be approved only in conjunction with the removal of equivalent or greater square footages of hardcover in that zone. Page 3 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 8-1-8-------- STATE OF MLXNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 1995, by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the Citv’ of-Orono, a Minnesotajouiusipal corporation and said instrument was executed on I®3 MvCcnumjsionEnirtsJ»-31.2000_^ ?[i.. . I ...................... . ......................Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) finthU day Of __________, 199^, before Notary Public acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ^ 199 ___, before me a Notary PublicOn this _____________dayof^--------------------------- Notary Public Page 5 of 7 EXHIBIT A Resolution No. 3618 Legal Description: Lot 6,‘Block 1, Auditor’s Subdivision No. 349, Hennepin County, Minnesota. (PINS No. 17-117-23 11 0002) 7 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 10,1998 SUBJECT: #2419 Robert Lund on behalf of William and Anastasia Hoeft 1725 Bohn's Point Road Variance-Public Hearing ______ Zoning District: LR-IB Lot Area:127,382 One Family Lakeshore Residential District (1 Acre) square feet (2.92 acres)____________________ Application: The applicants have proposed to construct a new residence on the property meeting all yard requirements. The house would be located 90' from the lakeshore, but a variance is required from the average lakeshore setback requirements. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. This application requires the following variance: 1. Average Lakeshore Setback. The house would encroach 35' into the Average Lakeshore Setback and the pool terrace would encroach 40' into the Average Lakeshore Setback. Lot History: In 1995 the house located on 1665 Bohn's Point Road was demolished and the lot was combined with 1725 Bohn's Point Road creating the existing lot. In 1997 the house located on the 1725 lot was demolished. The property is vacant with the exception of a small building and a stepped walkway to the lakeshore located on the far Southeast comer of the lot. Pertinent Ordinances: • Section 10.56, Subd. 16(C)(6) Average Lakeshore Setback U2419 William and Anastasia Hoefi /725 Bohns Point Road yariance 9/21/98 Page \ ANALYSIS Lot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140'IS'10'35' Proposed 127,382 s.f.360'90'83'118' The property does meet lot area and width requirements for the LR-IB zoning district. However, the structure would not meet the required Average Lakeshore Setback. The residence would encroach 35* and the pool terrace would encroach 40'. The pool terrace would not be located closer to the lake than the principal residence. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'29,612 s.f. • 701.4 s.f. (2.4%) none (0%) 701.4 s.f. (0%) none 75-250'61,281.5 s.f.4,121 s.f. (6.7%) 15320.4 s.f. (25%) 15,320 s.f. (24.9%) none 250-500'36,489 s.f.4,012.5 s.f.10,946.7 s.f. (30%) 1,470 s.f.none 500-1000' 0 0 0 (35%) 0 none The applicants are not requesting any hardcover variances. U24I9 William and Anastasia Hoe ft 1725 Bohn*s Point Road Variance 9/21/98 Page! I • • Structural Coverage Total Lot Size Total Structural Coverage Percentage 127,382.5 s.f.Existing: 83.'? s.f Proposed: 10,366.4 s.f .01% 8.1% The lot doe'o not exceed the allowed lot coverage of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant ’s have included their statement of hardship in 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 would allow the construction of the home meeting the Average Lakeshore Setback requirement. Although this lot is unique as it is located on a point. The property faces directly south towards the lake. The adjacent lot to the west faces to the southwest. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's sight lines are net affected by placing tlie home closer to the lake than the Average Lakeshore Setback, ’’he setback line is affected by the lot to the west as the property is not located directly adjacent to the applicant ’s property. 3. The variance, if granted, will not alter the essential character of the locality. The variance would not change the locality, as the property would be ured as a single family residential lot. The property was tw’o separate lots until the homes were recently removed and the lots joined as one buildable parcel. U2419 IVilliam and Anastasia Hoe/t / 725 Bohn*s Point Road Variance 9/21/98 Page I 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. t-onomic factors are not a consideration wth 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. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot is located on Bohn's Point. The properties do not entirely face the st r.c iirection. The westerly property is located on a curve creating a lakeshore view to the so st. The applicant's property would have a lakeshore view to the south. The topograp / of the land and vegetation also creates a visual barrier between all affected lots. The conditions do not apply generally to other land or structures in the district in which said land is located. 8. 9. The lots are located on a point resulting in an Average Lakeshore Setback line being pushed towards the back of the applicant's property. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants are exceeding the lakeshore setback by approximately 15'. The proposed location of the structure on the property is at the elevation of other homes existing in the neighborhood. The lot rises towards the street side of the property. Placing the home higher on the lot would make the home much more visible from the lake. 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 variances would not be a public hazard or contrary to the intent of the Zoning Code. §2419 William and Anastasia Hoeft 1725 Bohn*s Point Road Variance 9/21/98 Page 4 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 applicant's have demonstrated a hardship by the location of the lots on a point affecting the location of the Average Lakeshore Setback. It has also been demonstrated there would be minimal visual impact on the neighborhood. Issues 1.The applicants are requesting a variance from Average Lakeshore Setback requirements to allow a residence and pool terrace. 2. The lots are not consistent in the direction they face the lake. 3. All lot requirements would be met by the proposal. 4. The lot was recently joined wth an adjacent lot following the removal of both homes. STAFF RECOMMENDATION • Staff recommends approval of the variance from Average Lakeshore Setback requirements based on the applicant's Statement of Hardship. Attachments A B C D E F G H I J K L Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Site Photo Hardcover Calculations Property Owners List Exterior House Plans Permit Record for 1725 Bohns Point Road Permit Record for 1665 Bohns Point Road §2419 William imd Anastasia Hoe/t / 725 Bohn*s Point Road Variance 9/21/98 Page 5 A Application # • Date Received 8«I *1-? ^ Amount Paid, 'SASd ^A, CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00.. (no change from original application) Variance for non-confoiming structures ' $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress 1725 Bohn's Point Road Property Identification Number (TJ.D.’l 1611723220006 Attach legal description to application if not included on required survey. Date Property Acquired 9/97 ____________________________ (monthtyear) I ^)C(do not) also own file adjacent parcels of land. Present use of property: residential ___other fspecif/Wa'cant- Zoned resident ia 1 Zoning District: LR-IB__________________________________________________ APPLICANT . . Phone (home) (6121 927-0379 _ Name Robert Lund (Architect)________ Phonefworic ) :>! Address: '4829 East Lk. Harr^Pi- Pk yCity: MpiQ _____________Zip : 55409 OWNER (if different than applicant) Name Wm. & Anastasia Hoeft Address: 1630 Northridge Dr Phone (home) (612) 476-4522 _____ Phonefwork )" (612)799,-5006 City: Wayzata_________Zip: 55391 DESCRIPTION OF REQUEST Estimated Constmetion Cost $ 1,500/000 Describe request in detail: Variance requested for average la)ceshore setback" requirements.________________ • ______________T (attach additional sheets if necessary) VARIANCES REQUI^D Lot Area Setback: ___Lot Width Front Side Hardcover Rear - ■ IJ * Lot Coverage ^ Average Lakeshor Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or imusual property conditions preventing compliance with Zoning Code requirements: Please see attached sheet________ (attach additional sheets if necessary) RLA ROBERT LUND ASSOCIATES ARCHITECTS. LTD. B Williair. and Anastasia Hoe ft 1630 Northridge Drive Wayzata,MN 55391 description of REQUEST: The average lakeshore setback line through the property averages 130’ from the shoreline. We are ^ requesting a variance from this setback line of 35’ for a portion of the main structure and a variance of 40 from the setback line for a portion of the pool terrace. This variance would place the closest portion of the house approximately 90’ from the shoreline and the pool approximately 87 ’ from the shoreline. We are requesting this variance to keep the proposed house at approximately Ae same elevation as oAer houses on Ae peninsula. (See enclosed diagram). Moving Ae proposed dwellmg landward at Ae lakeshore seAack Ime would require a first floor elevation at appraximately 970 ’, which would effectively “perch” Ae house on top of Ac existing knoll on Ae property (see attached photo). The owners, by far, prefer blendmg wiA Ac existing neighboAood. 4829 E.\ST HSRRIET P.\RKW.\V. .\lINNE\POLIS. .\LN 35409 P. O. BO.\ I 134. W.M.NSCOTT. I 1973 i6I2i 927-CHjSO F.W i6l2i 9270332 i51C) 537-5300 F.V\: l31 Cl 723-4478 c aS4.S i«*4Q>V s S0*W'42* FIS. ■*'-i AHJ (3 iiyii®\ 4CL4 . c 1 IK 41,1 — • fcosk^T^oc-no I CXKf^ 2!6.8 !ggPG&: 'igxsrrr nou^e F»?\OX -OO^ 9VJK»/. .Vn' >-XrF f-F-«i . fcfl«l r.r ' *1 CXiatL><ocr»<-^ >T5K:? .^T-4»V Bi.ev. fi#. r*too.o* «|52ZSl| 9 1rpr- -f ?• ;1 In-M. ' ^ f I EinuTT rJ WAIiMi " Crt. 0 TBOfiOUfiH, i s■% ~n • __/5^: ^2j5^**lktolUftsrr 5 I lATS 400 FOX FOX Maxwell’. ^------ as liSreESyg *® ao® KCafdexi *• 'N?'-'5l ,k ^w # •r «. .•.* s Tolo HO l*0Ai I ^VSHOflCUME # •• »• . A • ;• • •• BEACH-rLafayet, LTOIAR ^•’ *• ■ • ■•'•■’ K - • . le‘-- • • «jC«Vc « 4 • -rs-PiMJr'fLi^a'r ur^ I‘lrr;r:4. .*::*^*—• -/____ m - • .• F 1 vD HOEFT RESIDENCE - RLA ARCHITECTS, LTD. :"V mm mmk h'-<h^' .''J•jrC’^vr** > • t ■*. *U^ :..:...:sJ.:iMi APPROXIMATE FIRST FLOORS- ■ -^':.:.^;-:Stfflr:r' ■'.::: heightwithout variance ^ k . >' \ i. . .“' ’^ v .^' ‘ . ..'t. ' •■ f('., '\nu:ut :• '• • J • r?.‘ ••?•'Sl^HOXIMAT E,F IR ST I- LO0^.'m • . •• 7 ^ *'Tk !^. -T s-^ • : i~'?'SSC2'. r. .■ - v*s A\uuft i;‘ r t HARDCOVER CALCUI.ATION WORKSHEET STTBACK ZONE: (CIRCLE ONE) 75-250* 250-500* gXISTTNO HARDCOVER IN ZONE . K. House _______________ X 500-1000' w 1.(3 Length Width B. Cange C. Drivr**ay D; Sidewalk E. Pado/Deck X . X X X X X X / z F. Lacdscape __ Uodcriaia __ fly Plastic ! tJ L. X X X G. Other ^•7-^ TOTAL H.ARDCOVER IN ZONE TOTAL PROPERl'Y AREA IN ZONE h / ^ B X ICO pROpgsFn TTARnrnvFR in zone. A. House Length B. , Garage C. Driveway D. StdewaDc E. Parib/Dcclc X X X X Width 7^^ h^r p. Lacdacapc ______ ir»ylerinin Q. Olhef X X X X X X X X X SI. S.F. S.F. S.F.- 5 S.F. S.F. S.F. S.F. S.F. 'Z/7 . ^ S.F. ^2-S.F. S.F. S.F. A S.F. g .>f S.F. S.F. % 'A B S.F. S.F S.F S.F. S.F. S.F. S.F. S.F. S.F. —V /I .s^3Z2 i_L=C1 S.F. <L/ 3 ' T~ S.F. 'A V r / V*.'- - 'aj » n S.F. S.F. S.F. S.F: -«s-x ■:' TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE __ _ _ _ _ _ _ -i- B S.F. 'JuHC-t'Z S.F. A B X 100 55 O “ "sJ •w 'i. ^ -X t O'fc’S^nHX ©•& — WC..Q S — rre^r- I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER TN Tn^fF c —75-250* J 250-500’500-1000’ • • H A.House X B S.F. Length Width X ss S.F. ••X 8 S.F. •• • •X 8 S.F. B.Garage X S.F. C.Driveway X a '?7 ‘^c3 S.F. X s S.F. D.Sidewalk * • • X •S.F. “X 8 S.F. E.Pado/Deck X S.F. X 8 S.F. F.Landscape CiTTskxrX^) • X •?‘5/S.F. Underlain X 8 S.F. By Plastic X 8 S.F. G.Other X S.F. TOTAL HARDCOVER IN ZONE ^ I “2^1 S.F.A TOTAL PROPERTY AREA IN ZONE •*5 S.F.B A B C?/'Z,gD|.^ X 100 8 % PROPOSED HARDCOVER IN ZONE A.House X 8 '7gr2-/S.F. Length Width X 8 S.F.f > ^ X 8 S.F. •X 8 S.F. B.Garage //sJcc.X 8 S.F. C.Driveway X 8 S.F. X 8 S.F. D.Sidewalk X 8 S.F. X a S.F. E.Padc/Deck Z4Lt,^f*eou X «■«S.F.V - * •* i f 8 S.F.-t... F.Landscape ^3^ (u/iiUS)x S.F. Underlain X 8 S.F. ' ^ V By Piasdc X 8 S.F. G.Other X S.F. TOTAL HARDCOVER IN ZONE /6'3-2-<g'S.F. ( A TOTAL PROPERTY AREA IN ZONE -/b 12.^/. S.F.B A -i- B Cp\'lf>l.5 X 100 =% . HARDCOVER CALCULATION WORKSHEET 3 of 3 SETBACK ZO^E: (CIRCLE ONE) 0-7y EXTSTTNC HAWnroVlER IN ZONT A. House _____________ X 75-250'500-1000’ Wivjtft B. Carx"^ C. Driveway X X X D. Sidewalk E. Patio/Dccic ?• Landscape Underlain By Plastic G. Other X X X X X X X X S.F. S.F. S.F. S.F. S.F. sr rs 4g S.F. _____ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE __5.£JJLi£1 B *3ij45>f? X ICO e H S.F. S.F. n.o % PROPOSED HARDCOVFR TN ZONE A. House ______________ Lenj^th X X X X width B. Garage C. Driveway^ D. Sidewalk E. Pado/Dcck F. Landscape Underlain By Plastic G. Other X X X X X X X X X /47<? TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ARE.A IN 20^(E /47 0 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. 7 X 100 S.F. S.F. A B '' n 'jCJ 5 5“--. A B C % o " <1 •e: *a o -A j §4 o -4 ^3i icf n C« 2 n H X • • H RUN DATE 00/17/98 BATCH 511 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 16-117-23 22 0001 01600 BOHNS POINT RD JOSEPH C THOMASON 8 WIFE CONNIE R SWEEN 1600 BOHNS POINT RD WAYZATA MN 55391 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 3B 16-117-23 22 0006 01720 BOHNS POINT RD DBS ANDERSON ET AL DBS ANDERSON 1720 BOHNS POINT ROAD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 17-117-23 11 0006 00038 ADDRESS UNASSIGNED DBS ANDERSON ET AL PATRICK B KATHLEEN HALLOREN 1665 BOHNS POINT RD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED 6 K NEWMAN JR B M M C NEWMAN 6RAYD0N K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 REPORT NO. PI635601 PAGE 51 38 16-117-23 22 0002 01660 BOHNS POINT RD D B D DUNLAP DAVID J B DIANE J DUNLAP 1660 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0003 01700 BOHNS POINT RD R B C OWENS ROBERT H OWENS 1700 BOHNS POINT ROAD WAYZATA MN 55391 38 16-117-23 22 0006 01725 BOHNS POINT RD W L HOEFT B A W L HOEFT B A 5 WOODLAND RD EDINA MN 55626 D HOEFT D HOEFT 38 17-117-23 11 0002 01655 BOHNS POINT RD 6 K NEWMAN JR B M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0007 01665 BOHNS POINT RD P J B K A HALLORAN TRUSTEES PATRICK B KATHLEEN HALLORAN 1665 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0008 00038 ADDRESS UNASSIGNED G K NEWMAN JR B M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 TOTAL BATC;i 511 00010 I CP' the FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRtStNiATXON 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, DATI RTY TAXATION, TO THE B i I a 1= <*5?v< I ••• %.^ ...r-y>>j^-......•-• .^ r *‘ ' :. --•• *" - -f - *! .,..j-rn-i-L*'. . • I. 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Vi a/rr:j:x?iriiJc:tL ^dAUE: V^z-^ I -o h) fHK r"“- • * /__- .r- -^ • ' * **^- - ..«- _*.^-' ' -*X’,. •• - • •• N, ..-r-*•::.• •• ■L -' ...-■r/ l.^'' -. *• • • • I ■ •. . :.•! ■. • 1' I I !■• ".'I !! i.:: ■f *' *, V 1 ,■•* ■ \ .■•*' '''4 •' ■ . V ' ;- '•■ , ^ ! - 1 . I W V, :-" ■ *wmmrkr> ..rfmmsm .1 I . • • ^ ^ '’;■«• ri-r .*» •• ! • ! . I 4^ • ; N 4 • y\ * I***. «xiAl_E.: I/;»,“« l*. o' Permit No, 1^59 /^(^\ l'2'lU Cr 3 '^9 L SvT Ini/U'h ~)/'S9 ^SSL, /0//D • • PERMIT RECORD Date • • .••■» •• S. ^^6(2_____?^>L7Vv^ p Typo of Permit t Ao */y\ (9 .............. ’ ‘. -.- ; *.•;• •.• ^.-:5»S-6-7 .Herr^--,-. _ I _ • • W S-T?SyrArr\J ' ■ --Wivn^un ^.4...• • • • * % ■■•-■•/,-.?--^3 ^c*rv^ • • • —£l£^c3^ 'J-^ f V.QjlJJjLq:^U P i. . ‘tjLi.ifii. ^7 ;J {aa Ca^'»^-<jtJJjL^ io /-^(J 77c^ //-cP/ -9 c/ /£>' JL-3^-Cf'j. <Lc_.______ ]^Uyh, OC^lz2^ Permit No. __________ .Z^ljb._ u,n 4s Somhi/u^uJ/4/^ Z'7-^'5' . PERMIT RECORD / Date S - ^ -7^^ lO- S-7^ J. 8 -^0.' o? • o?^ Type of Permit tx'H^o IC-TI n / » i.5 /i ... 0'lc/'K/i/y;i.t>oJ m. (y\3 .ij M 2k />T C) TO: FROM: DATE: 10 Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 16, 1998 SUBJECT: #2420 Robert C. Ryan Jr. Variances-Public Hearing Zoning Dbtrict: RR-IB Lot Area:70,881 One Family Rural Residential District (2 Acre) square feet (1.62 acres) Application: The applicant has proposed t» construct a 90' wind tower as an additional source for electricity to serve his property. Mr. Ryan in his hardship statement has indicated the need for the structure results from periodic NSP power outages, sometimes days at a time. Staff contacted NSP about power outages along Christine Avenue. NSP reported the area has seen 10 power outages since July, 1997. They did indicate all power outages are counted, even if they are only seconds at a time. This application requires the following variances: 1. Structure height to exceed 30'. The applicant has requested a 90' wind tower, exceeding the allowed height by 60 feet. Pertinent Ordinances: Section 10.28, Subd. 5(A): Height Regulations in the RR-IB Zoning District Section 10.28, Subd. 5(B): Lot Requirements Section 10.75, Subd. 1: Height of Structures - Special Provisions 1t2420 Robert C. Ryan Jr. 3535 Christine Drive Variance 9/21/98 Page I ANALYSIS Lot Area and Yards RR-IB (2 acre) Lot Area Lot Width Front Yard Side Yard Rear Yard Required 87,120 s.f.200'50'30'50' The proposed structure would be located as to meet required setbacks for accessory structures. The tower would be located approximately 60' from the rear lot line (Luce Line Trail) and 65 feet from the residential, side lot line (Lot 3). 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. Tower Height and Location The Zoning Code does not allow structures to exceed 30' in height. Section 10.75, Subd. 1 lists several structures that are allowed to exceed the height standards described above. Section 10.7^ is included as Attachment G. Wind towers are not addressed in the zoning code. Therefore it is staffs conclusion that a height variance from the 30' maximum must be approved to allow such a structure to be built. Locating the tower within 90 feet of property lines may pose a potential public safety issue. According to the specifications provided by the applicant, the survival wind speed for the tower is 120 miles per hour. If the tower would ever collapse it could fall onto the Luce Line Trail or the neighboring property to the east. The propeller diameter is 14.8', meaning one propeller standing erect would increase the height of the structure by 7.4'. Surrounding Properties The surrounding properties are zoned RR-IB. The intent of the zoning district is to allow low i2420 Robert C Ryxxn Jr. iJii Christine Drive Variance 9/21/98 Pagel density residential development and limited agricultural activity. The Christine Drive neighborhood is exclusively residential. Wind mills or towers would be more consistent with agricultural uses. The lots are bordered to the south by the Luce Line Trail. South of the Trail is zoned two acre lakeshore residential that continues to Stubbs Bay. The total distance to Stubbs Bay from the applicant's property is approximately 725'. Stubbs Bay's ordinary high water level (OHWL) is 929.4'. The tower would be located at an elevation of approximately 960'. The total height above sea level for the structure would be 1050' or 120.6' above the OHWL of Stubbs Bay making it potentially visible from areas on and around the bay. Issues I. The maximum height allowed for accessory structures in a residential district is 30'. 2. The neighborhood is zoned RR-1B and is developed as a residential cul-de-sac neighborhood of lots approximately 2 acres in size. 3.The tower would be closer than 90' to the lot lines 4.The neighborhood has a covenant restricting any out buildings or structures from being built without approval of an Architectural Review Committee established in the covenant. STAFF RECOMMENDATION Staff recommends denial of the application. Attachments A B C D E F G H I J Application Plat Map Location Map Zoning Map Site Plan Site Topography Wind Tower Specifications Section 10.75, Subd. 1 -- City of Orono Zoning Code Property Owners List Permit Record 02^20 Robert C. Ryxtn Jr. 3535 Christine Drive Variance 9/21/98 Page 5 -ft' • •A • • • Application # • Date Received Amount Paid CITY OF ORONO - VARI^JiCT APPLICATION Initial Application Fee n$250 j QO . . ($50.00 per each additional variance) Renewal Variance Fee $150.00 . . t % (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION . . Site Address jZZSl— Property Identification Number fP.LD.1 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: residential ___pother (specify)______________________ Zoning District: R1^- - I t?>______________________________________________ APPLIC>y^ Name........ . Address: c^rz . City: Phone (horne d Phone (wcrkl ______Zip: ,1 3 OWNER (if different than applicant) Name _________________ Phone (home). Phone (work)_ •V r Vj ■'u; Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $ (attach additional sheets if necessary) VARIAT^CES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Other (specify)7 Average Lakeshore tfefortr HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COOTITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing ^ compliance with Zoning Code refinements: . (attach additional sheets if necessary) g a /i\ -J? ' ^•C ’2. n -;f09.4j -N f) O/(io.» ■4..; lt« 4 H».iZ »iW»''i «9B.•5» ? ' *«) ^ • _ Z- r / / rM.oi « if SiF£i22)f»m fjF lot 3 0)^i t? : (chr/stine 3i IS V t OTiOT s : (24) J • 3f ;»• p- J M ^ * 1 04) J I «! ---------iXgL««-. 1 ^ EILEEN RT ai \ i n ^1 ( «5) ^0 • • • «■•«• •M «A 40$. T4 V. Si / CI7) •C •> 3C?.4^ »^»)i .'0- »<3*'W*««0 :>$ 01 IT3 M .•4•* • •5\ / .1 »? \ n 11 ’. ) l> w 3 10 N An • 133 1 2 >1 ••\ 1 •4/•. / ‘V •:\ 3 •4 •.---------o«••T \ $' 1 ,5 V LO -------------•?_ ^L^i2_TT^ • 1*, ■ '•*:% If ! / * 11 / • V/ ( I IT' » » ’*?n; •15! 15 •. 1 14 i '-V /if : * 1 11/ « » 1 1 " 1 1 1 • 1 T i K5 \ 1 ^•^vV_____ i ^ V V;-^.— Z'.. ;‘f^7oT) ■■■"■ V..... ____ i,,] : \ • V (56 t e#?—ssm"(4) :>V (5) Tl V IRC T-A :3 1TSTiH 0C__4.- 7 Cp (IT) '^A\v ,«\\ / / Parcel Information Pa'c^ ID 0611723120 Houm Nufflbtr 03635 SfrMt Nam* CHRISTINE I r\n f:\Uf? fimWLi / -i Ctast€K*' « C4 • IR AVf ■c jjS I eoo ■ —0»dlf7\ FvaiuT ^ VAHATA ORONO iCHRl .• V*' -r-- I ....-.; t >') s '• * \i-.- J fox ■ATS wiAJi cm ^ WATIATOWI ^4^ "”y^» MO * ___Af tOMCRSn ^^5woo«^«fCT3!i! *••••••••••• Bin ^%vi^ f u|q ______2 co^ *0 0 thohomh MAf iaammti w I Line --•*• • • mni \ 400 :*. :V« V' tenbet* dea'if |5 jn6'^ rHEncn laae RO c !ir, An environmental!, H^ORLD POWER sound, quiet, attractive source of electric power MARINER H500 500 WATTS Boat, cabin, teieco^nurications. 3 blade 5 ft d:af^ete' Sirrp'e co e r^Ln! Great looking buffed sta niess WHISPER 600 600 WAHS Horr:e anj cab.n pc/.er 2 b ade. 7 ft diarrete^ Value leader ter nost r j sites WHISPER H900 900 WAHS Teleconimunicalions, home, cabin. 3 blade. 7 t: diameter Lignrweight. S'mple pole mount Optimum for root rr.ount and toughest wind cond-lions WHISPER 10001000 WAHS Small farm, home ard cab n power, 2 blade 9 ft diameter Our most popular model Maximum efficiency m v/inds .-/here most people live WHISPER HI 5001500 WAHS Telecommunic •* ens small farrii. home, 3 blade 9 ft dian'.eter Bigger power and smoot- performance m high and turbulent winds WHISPER 3000 3000 WAHS Small village, farm and honie. 2 blade. 14 5 ft diameter A best buy for lots of power in medium winds WHISPER H4500 4500 WAHS TelecommuPicat ons s nail village, farm and home 3 blade 14 8 t: d-am-eter Smooth, tough and powerful in tne h.ghest ;vmds EZ-VVIRE SYSTEM CENTER Hllli[iiJiw Uh CWTtfll!! ^ i •Vl. A* ' »•# Only one box on the wall’ Connection, brake/on/ott control and battery charge regulation for wind and solar Bright. 6* function LED meter reads battery charge in ®o. volts and amps as well as wind, solar and load amps T-E*C‘H-N«0»L«0*G*I*E*S me. Our extra large diameter rropeUe*^ on the Whisper 6C0 1000 and 3000 are optimum lor the low average wind speedi where most people live Harvest the tree wind and sun for complete independence, ymsptr 3000 WUs|wrli90OTBinh8iad« More power and stainless steel than any other boat generator rrUV • • :r J.-, Three Wade propellers are perfect tor teats and on outbuildings Look at the power! Divide wans in the graph below by banery volts to get charging amps. ma o 5 m s mm m a O 120 no ICO 30 80 /U 60 50 40 30 20 10 0 it" V - * •.Tiwki P^er Output :.ci- _ m :f- • - r?: ■ r ■ T'-: k-V£ m ^ r"— ^ u.-. r-n>; -^1 • • * •• • • * r# T *i-r. Packaged Renewable Energy Systems Although we do manulacture the world s finest wind powered generators, we are also the experts at providing complete sun and wind powered (hybrid) renewable energy systems with all the components and instructions you need to be up and running in no time with no problems. These hybrid systems range from as small as one solar PV panel to village electric power systems. Let us quote on your renewable energy system for boat. home, farm, village, telecommunications, etc. See our price list for a pre-packaged system ideal lor your situation. Remote Wdter Pumping Systems When you need water and there ’s no pov/er line, you're faced with some pretty grim choices including human or animal power, hauling fuel lor an engine or just plain going without. Direct wind-electric pumping systems from World Power change all that. There are no batteries, no electronics and no special pumps or pump motors. You use world- standard submersible or surface centrifugal pumps and you can put the wind generator v/here the wind is and the pump where the water is up to several kilometers apart! Send for our brochure. Windspcti —Milts Ptr Hour / Mtltrs Per Stcond 20 • WtiispcfSOO. 1000, 3000 • Wliisptf H Motftls *{ Msrintf NSOO Specifications Electric Heating Systems, Air or Water Ever think it was coldest when the wind v/as howling out of the northwest and you just couldn ’t pile enough wood on the fire? And you thought about wind power but just couldn ’t deal with batteries, inverters and all that complicated stuff. You’ll be pleased to hear that the simplest and least expensive wind system of all is where the wind-generated electricity is converted to heat Wind Generator Model All models: 2 year warranty, survival wind speed 55m/s, 120mph. Mariner Whisper Whisper Whisper Whisper H500 600 H900 lOOO HI500 Whisper 3001 Whisper H4500 Rated power, watts 500 600 900 1000 1500 '------^00 4500 Rated wind, m/s / mph 12.5/28 11/25 12.5/28 11/25 12.5/28 1L75 12.5/28 Cut-in wind, m/s / mph 3.4/75 3/7 34/7.5 3/7 3.4Z7.5 3/7 3.4Z7.5 Number of blades 3 2 3 2 3 2 3 Propeller diameter m/ft 1.5/5 2.1/7 2.1/7 2.7/9 2.7/9 4.5/14.8 4.5/14.8 Molded, fiber reinforced standard standard standard na na na na Fiberglass, carbon fiber na na na standard standard standard standard Prop tip to center cm/in 21/8.5 28/11 28/1 33/13 33/13 56/22 56/22 Min. blade clearance cm/in 15/6 20/8 20/8 25/10 25/10 41/16 41/16 Battery voltages available 12-48 12-48 12-48 12-240 24-240 24-240 24-240 Direct v/ater pumpir.g na na na yes na yes na Transformer hv to hr na na na yes yes yes yes Grid tie, electric heating na na na yes yes yes yes Standard mount pipe/tube 2’schd40 2.5’schd40 2.5‘schd40 2.5’schd40 4'x0.12w 5’schd40 5’schd40 Tower top weight kg.'lbs 13/29 21/47 25/55 30/65 35/77 70/155 82/180 Lateral thrust, nts/lbs 300/70 650/150 880/200 1100/250 1500/350 3000/700 4300/1000 Please send me information on: Q Owner's manual & tovirer plans $10 USA, Can., Mex. Q Owner ’s manual & tower plans $15 other International Q Water pumping O Other (please specify) Jl f.; 1 V li ’•ll- f *•0 ■ O A•4, M ^ I3’33'1 i t ^ N,. ~ C # ii e 19M WoHd Power TtetUMlodlts. Inc. WORT .D POWER T*E«C‘H*N*0*L-0-G-l*E«S i\c 19 Lake Avenue North Duluth, MN 55802 USA Phone 218-722-1492 Fax 218-722-0791 E-mail: wpt@cp.duluth.mn.us Web: http://www.worldpowertech.com For more information, contact: It no dealer near you. please contact factory pfluino ON RECYCUO PAPER Be Youp Own Electric Company lectric power from a Whisper or Mariner wiiul generator can easily provide 80 to 100% of the normal requirements of a saill)oat. cabin rural home, small farm or business without power lines An optional gas or diesel generator can provide backup for low wind or high demand periods, and solar panels (PV) complement the wind by providing electricity during the calm between weather fronts and during seasonal low wind months. A storage battery provides electricity during windless periods and an optional stand-alone inverter gi\es you electricity just like that from the power company to run all >our standard household appliances. Or, if you have utility lines, sell it back! There is brand new lechnulogy on the market that combines a stand-alone and utility interlace (synchronous) inverter in one neat package, and it’s perfectly matched to our Whisper 3000 or H4500. The features are far too numerous to detail: You can sell excess power back to the utility. It the utility (ails you have an uninterruptible power system If your electricity is more expensive during peak hours (and it will be soon for all of us!) you can program the inverter to use only the power in the battery It will even start your back-up generator. Watch your meter run backwards! 1. The wind generator transforms wind energy into alternating current. 2. Solar (PV) panels convert sunlight into direct current & are used alone or with a wind generator. 3 The EZ-WIRE System Center is where the wind generator, solar panels, battery & load are connected together & controlled and monitored Both wind & solar are regulated to prevent battery overcharge. The wind generator propeller can be stopped & solar power shut o!f at the EZ-WIRE 4 Deep cvcie batteries should be large enough to store several days of energy 5. DC lights and appliances or a small inverter connect to the EZ-WIRE.V .'"J i 6. A large inverter is connected directly to the battery bank to power the complete household. Alt world voltages and frequencies are available. You Can Plan Your Ovvn Wind and Solar Electric System . . . -• Choose a system voltage ol 24 volts tor a new, renewable energy system foi heme or farm it your v/ind generator and solar panel (PV) (Spaerty^i; . is under 3C00 watts. Use a 48 volt battery in larger systems Older boat and (arm electric systems or authentic restorah'on projects are easily left A32.f- volts. Small lighting systems including TV and small water pump under 500 watts can be designed at 12 votts Boats and existing systems shoi ^-■: ^ remain at 12 volts. Install a deep cycle battery of sufficient capacity, (k'.yh) for 2-5 days using the selection guide in the owner ’s manual. ' ;• . • Pick a Tower Location. The lower or supporting structure should be on the highest and most open location oiryour proper^. Determine.|hr®^‘'“'‘^* height that will place the generator 5m (iSft) miniimmi above trees or buildings within 100m (300ft).’The roof of an qutbuilding. wood pole, die mill tower, guyed steet pipe (plans included iti the owner's nianual).or antenna tower can be suitable .Stern mount is Msfinef/z^^a • ; • Select a Wind Generator. Choose the proper sife Whisper model or the Mariner acrording to your energy requirements jr'o'rn the En«g^/£u»de belovv.t^^ • • Whaf Wire Size? Connecting wire size from tower to battery depends on wind generator sce^ distanceand battery ydiiage._ S^ the ,qw^ i %p^^able.giyeseneiffir,o«tP«l.!TvW;^,h6uis;{^^ niil tr. &r I i; %\ P nn^ir;4ii Vfbul speed mpti Wiod speeding Mariner H500 Whisper 600 VfhkperHSOO Whisper 1000 Whisper H1500 Whisper 3000 Whisper H4S00 9 10 4.0 4.5 116 129 141 183 202 218 iX 214 240 264 305 336 364 357 400 440 916 1008 1091 1070 1200 1321 18 8.0 p 141 % Kilowatt houra (kwh) per month Superior Design Means Affordable Wind Power ^ ®orld Power Technologies has B B ^manufactured \vind generators and B ^B M sold wind and solar systems since 1978, giving us more years of experience than any other existing supplier in the world. Over 2000 of our customers worldwide get their electricity from the wind and sun! VVe have introduced more technological innovations than any manufacturer and revolutionized the design of wind generators. We've combined the most efficient, slow speed, PM alternator with a perfectly matched, advanced airfoil propeller and our brand-new ANGLE GOVT.RNOR (patent pending) in a handsome, meticulously finished machine with only 3 moving parts. In the house, our EZ-WIRE SYSTEM CENTER brings unequalled neatness, installation ease, control and monitoring to your wind and solar system. You can easily install solar panels and any of our wind generators with the do-it- yourself instructions provided. And, once it's up, it stays up: our wind generators do not require scheduled maintenance, just an annual inspection! il‘$ the smoothest, best-controlled governing action I've ever seen, and I have 400 wind generators in the All stainless metric hardware! Oversize, proprietary, triple insulated copper winding design and low energy loss electrical grade steel laminations give decades of efficient, reliable power delivery. Our alternator/rotor assembly begins with premium motor graJe ceramic magnets in an exclusive, cog-tree configuration. Body assembly uses stainless steel components on many models. SealeH, permanently lubricated ball bearings. Two high copper, graphite impregnated brushes per slip ring. Compare with single brush designs! Quali^ materials throughout make our wind generators a reliable source of electricity (or decades. And we offer you the industry's highest power-to-weight ratio and lowest cost pei watt. We offer high performance propetters in a variety of materials, sizes and prices to best match your exact needs. Our advanced airloil is tapered, twisted and mounted on a spring steel vibration absorbing plate for minimum machine and tower stress. It's a World Power exclusive! Our two-blade propeller otfers optimum cost-effectiveness In the majority of application^ And you'll find our three-blade propeller systems perfect for the absolute smoothest machine performance under the most turbulent wind conditions. We include complete instructions for a fold-over, guyed steel pole tower you can make yourself. We also offer tower kits with everything you need except the pole, anchor and lift line. No welding necessary; just drill t few holes! Our unique, new ANGLE . - GOVERNOR (patent pending) 1 neatly solves the steering olfset problem inherent in folding tail designs and greatly extends the power output during governing over both folding (ail and tilt-up type governors. And. no one in the world offers it except the WHISPER! Our epoxy coated wood core pro pellers feature exclusive, thread ed metal inserts in the mounting h' s for a perfect moisture seal. ... jn industry first! Thoughtful design includes proprietary winding configuration giving you. the owner, choice of different voltages in one model. No need to replace your wind generator if you change your system voltage. Voltage ch?nge is made quickly at the wiring box. And. it's a feature found only on Whisper and Mariner wind generators. 'OK L S.I u - sal a •Running light pn lo^Voltage^odels ieijs glance you^t;&;Qene$atiAi|[^>npsl 3 ’ 1-T c---^ '1^ TABLE II: WIND GENERATOR SPECIFICATIONS AND APPLICATIONS WIND GENERATOR SPEaPICATIONS Wind Generator Mariner Model H500 Rated power, watts 500 Rated wind, m/s / mph 12.5/28 Cut-in wind, m/s / tnph 3.4/7.S Number of blades 3 Propeller diameter m/ft 1.5/4.9 Molded, fiber reinforced standard Epoxy coated wood core na Fiberglass, carbon fiber na Prop tip to center cm/in 21/8.5 Min. blade clear, cm/in 15/6 Battery voltages avail. 12-48volt Direct water pumping na Transformer, hviv model na Grid tie, electric heating na Standrd mount pipe/tube 2"scd40/ Tower top weight kg/Ib$ 13/29 Lateral thrust, nts/lbs 300/70 ELECTRICAL SPECIFICATIONS Model, low volt 12-48V battery H500 Model, transformer 12>48v bat na EZ'WIRE System C. included EZ90/900 Standard shipping volts/fuse(ii) 12/100 12v banery: rated volts/amps 15/33 24v battery: rated volts/amps 30/17 32v battery: rated volts/amps 38/14 36v battery: rated volts/amps 44/12 48v baneiy: rated volts/amps 60/9 Model, high volt 64>240v na Bat charging EZ«WIR£ model na standard ship volts (no fuse) na 60-72v bat: rated volts/amps na 108-120V bat: rtd volts/amps na 200-240V bat: rtd volts/amps na Elec, heating EZ>WIRE model na Max heating watts(iv) na Each element Wyc connected na Direct pumping EZ>Wire mod. na Nominal 3phase motor na Pump hydraulic load at 60hz na NOTES: (i) Whisper H1500 12v is special order. Whisper 3000 and H4500 12v not available. (ii) Standard voltage and fuse is how wind generator and EZ-WIRE are wired at factory and fuse supplied. User can easily reconnect Wind generator and EZ-WiRE System Center for other permitted voltages. NOTEI l.'you change voltage, you may have to change battery fuse. (Ill) All wind generators using 32v or 36v connection have approximately Imph or 2mph (Im/s) higher ut in wind speed, respectively. A special winding. 36s. is available for normal cut-in wind speed. The special winding can be user connected for 24v or 36v systems. (iv)Ratings of same generator differ slightly by application. Lower for battery charging, higher for heating & interface with AWE invertei. Wattage shown is for single phase water or space heaters wye connected to EZ-vVIUE controller output. Whisper 600 600 11/25 3/7 2 2.1/7 standard na na 28/11 20/8 12-48V na na na 2.5"scd40/ 21/47 650/150 600 na EZ90/900 12/100 15/39 30/20 38/16 44/14 60/10 na na na na na na na na na na na na Whisper H900 600 12.5/28 3.4/7.5 3 2.1/7 standard na na 28/11 20/8 12-48V na na na 2.5 “scd40/ 25/55 880/200 H900 na EZ120/1600 24/100 15/60 30/30 38/24 44/21 60/15 na na na na na na na na na na na na Whisper Whisper (.f Whisper >' Whisper 1000 H15CC .H4S00 1000 1500 3QOO 4500 11/25 12.5/28 11/25 12.5/28 3/7 3.4Z7.5 3/7 3.4Z7.52323 2.7/9 2.4/8 4.5/14.8 6.1/20 na na na na standard standard na na optional optioniil standard standard 33/13 33/13 56/22 56/22 25/10 25/10 41/16 41/16 1 2-240V 24-240V 24-240V 24-240V yes na yes na yes yes yes yes yes yes yes yes 2.5'scd40//4"x0.12w 5"scd40/5"scd40/ 30/65 35/77 70/155 82/180 1100/250 1500/350 3000/700 4300/1000 lOOOlv HI 5001 V 30001V H4500IV lOOOhvlv H1500hvlv 3000hvlv H4500hvlv EZ120/1600 E2120/2300 EZ200/4600 EZ250/7000 24/100 24/100 48/100 48/200 15/66 15/100 (i)na na 30/35 30/50 30/100 30/150 38/27 38/40 38/80 38/120 44/23 44/35 44/70 44/105 60/17 60/25 60/50 60/75 lOOOhv HlSOOhv 3000hv H4500hv EZHVBl EZHVBl EZHVB2 EZHVB2 0 240 240 240 80/12.5 80/19 80/38 80/57140/7.5 140/11 140/22 140/33 280/3.6 280/5.5 280/11 280/17 EZ230H1 EZ230H1 EZ230H2 EZ230H2 1500 2250 4500 6000 500watts 750watts lOOOwatts 1500watts EZPMPl na EZPMP3 na 3/4hp na 2hp na l/2hp na l.Shp na r"ii TABLE III: EZ-WIRE SYSTEM CENI ER SPECinCATlONS MODEL EZ-WIRE 12-48V BAT EZ90/900 EZ120/1600 EZ120/2300 EZ200/2300 EZ200/4600 EZ2S0/7000 Standard wind generator model Standard shipping volts User-selectable voltages DC wind amps max (diodes) (!) Solar PV amps max(ii) Solar pv on/otf 40amp breakers DC load on/off 40amp breakers Capacitors mfd, 330v start Full metering (111) Wind-gen on/off brake switch(iv) Max wind charging watts(v) Max solar charging watts(vi) Max tot bat charging watts Diversion load watts(vii &viii) MODEL EZ-WIRE 64-240V BAT H500/600 H900/1000 HI 500 12 24 24 12.24.32.36.48 12.24,32.36.48 12.24.32.36.48 H15001vl2only 12 12.24,32,36.48 3000 48 24,32,36.48 H4500 48 24,32,36.48 50 80 80 120 120 170 40 40 40 80 80 80 1 1 1 2 2 2 1 1 1 1 1 1 40 60 6C 120 120 120 yes yes yes yes yes yes yes yes yes yes yes yes 3000 4800 4800 7200 7200 10200 2400 2400 2400 4800 4800 4800 5400 7200 7200 12000 12000 15000 900 EZHVl 1600 EZHV2 2300 2300 4600 7000 Wind generator hv model 1000/H1500 3000/H4500 DC wind amps max(i)50 70 Capacitors mfd. 350v run 35 55 Wind-gen on/off brake switch yes yes EZ-WIRE 3phase 240v hcadng EZ230AH1 EZ230AH2 Wind generator hv model 1000/H1500 3000/H4500 AC amp rating relay per leg 13 20 Max watts per phase, 240vac 1500 2500 Capacitors mfd, 350v run 10 35 Wind-gen on/off-brake switch yes yes EZ-WIRE ELECTRIC PUMP EZPMPl EZPMP2 Wind generator hv model 1000 3000 AC amp rating relay per leg 13 20 3 phase motor honepower 3/4 2 Capacltois mfd, 350v run 35 55 Wind-gen on/off-brake switch yes yes Pump hydraulic hp 3400rpm (ix)1/2 1.5 Cut-in hz/rpm 30/1700 30/1700 Max hz/rpm 80/4500 80/4500 9" s’v 1 •> • / V < wr-’T'-r' Xi * NOTES: (i) This input is 3phase ac such as wind, hydro or alternator to full wave bridge. Input shorting switch provided for brake. (ii) This input is dc such as PV, generator or banery charger with one or two 40amp switch/circuit breaker. (iii) Meter functions: State of battery charge, battery volts, net bat amps, wind gen amps, pv amps, dc load amps. ^ (lv)WlND ON/OFF switch is on transformer cabinet on hvlv models. Some 3000 and H4500 have external brake switch. (v) Max watts is 48v battery at full 60v times diode rated current. (vi) Max solar watts is 48v batteiy at full 60v times 40amp (breaker rating). (vii) Diversion load watts is at full banery voltage (2.5volts per cell). Your input (wind and solar) wanage may exceed divenion load capacity (except 32v sening) but you may have to turn off either the wind or solar manually to prevent overcharging battery. (Total input -vatts must not exceed diversion load watts at 32v.) The total of both wind and solar inputs should be less than 110% of diversion load rating for proper regulation with both inputs present. The wiiicl or solar wattage individually should each be less than 110*/b of diversion load rating for proper regulator operation with one source charging. (viii) Total input watts must not exceed diversion load watts on 32volt systems. Diversion load rating is 60% of figure on 36voIt systems. (ix)Pump load will be twice nominal hydralic horsepower, and rpm is about 4500 at governing wind speed. TABLE 1l specifications . FEATURES AND PERFORMANCE! Packaged renewable energy systems. ORDER NUMBER TYPE OP SYSTEM CHARGING WATTS AC POWER WATTS rs*80 SOUR BO 100 PS>100 SOUR 100 200 COMPONENTS AND PEATURF.S Solir Puneli: VLXS3 Wind Cf nf rator Model System Volts frdividual Batteiy Voltage No of Individual Batteries Each Battery Amp*hours EZ-WIRE System Center Auto Charge Regulator Full Metering Complete Wiring Kit (ii) 1 none 12 12 1 90 none no no no 2 none 12 12 I 90 SCI812(i ye* no ye» pg*aoo SOLAR 300 700 6 . none 12 6 2 220 90/900 yes Pg-MO SOUR 600 1800 12 none 2A 6 8 220 120/1600 yes yes yp* PW-800 WIND 800 200 none H500 12 6 2 220 90/900 yes y»*» yes PW-600 WIND 600 700 none 600 12 6 4 220 90/900 yes yes yes PW.900 WIND 900 1800 none H900 24 6 8 220 120/1600 yp* yei yp» PW-1000 WIND 1000 1800 none 1000 24 6 8 220 120/1600 yes >es PW.1800 WIND 1800 2400 none Ml 500 24 6 12 220 120/2100 yes yes ye* PW-3000 WIND 3000 4000 none 3000 48 6 24 220 300/4600 yes yes yes PW*4800 WIND 4800 8800 none H4500 48 6 32 220 300/7000 yes yes yp» 11 OC^WS-1 40C^g-a 10cipWi«gl0ciFWS-8700 HYBRID 8700 8800 24 H4S00 48 6 32 220 300/7000 y*» y«* yw Sun wli/day. 2hrs hill tun 100 200 BEY,ML 600 1200 Cr lOBB 0 CB VBr^ 0 f ana wi 0 11 BUDiri 0 ict froni 0 0 Sun wh/day 4hrs full sun 200 400 1200 2400 0 0 0 0 0 0 Sun wh/day 6lvs full tun 300 600 1800 3600 0 0 0 0 0 0 Wind wl\/day. 8mph ave 590 1070 1060 1780 1770 5330 Wind wh/day. lOmph ave 1190 2080 2140 3470 3570 10420 Wind wh/day. 12inph ave 2080 3350 3580 5580 5970 16740 lx>w day total watt-hours 100 200 600 1200 590 1070 1060 1780 1770 5330 High day total watt-liours 300 600 1600 3600 2080 3350 3580 5580 5970 16740 Typical total watt-hrs/day 200 400 1200 2400 1335 2210 2320 3680 3870 11035 Typical kwh per month 6 12 3b 73 40 67 70 112 117 334 Battery Wau-Hourt 1060 1080 2640 10560 2640 5280 10560 10560 15840 31680 Days Storage. 80*Mi effic.4.3 2.2 1.8 3.5 1.6 1.9 3.6 2.3 3.3 2.3 TOTAL SYSTEM ANl[> ENERGY COSTS Vo»u oftvc 5% on comnlBtB nack■ffaal No flubflt tutiona. TC"* AL 8% Discount 9B00 5990 53,330 $6,480 Sl.BBO 51,880 53,980 53,360 $4,690 $9,310 $/Watl Capacity 510.00 59.90 510.77 $10.80 $3.10 53.08 53.31 53.36 $3.13 53.10 $/Daily Watt-Hotirt 52.50 52.48 52.69 $2.70 $1.16 50.84 51.28 50.91 $1.21 $0.84 $/KWH lOyear production 50.69 50.68 50.74 $0.74 $0.32 50.23 50.35 50.25 $0.33 $0.23 0 0 0 5310 10710 17920 5310 17920 11615 352 42240 2.9 811,600 S2.56 S0.99 S0.27 HYBRIC HYBRID HYBRID HYBRID HYBRID HYBRID 600 800 1100 1400 2100 3800 200 700 1800 1800 2400 4000 2 4 4 8 12 16 H500 600 H900 1000 H1500 3000 12 12 24 24 24 48 6 6 6 6 6 6 2 4 8 8 12 24 220 220 220 220 220 220 90/900 90/900 120/1600 120/1600 120/2300 300/4600 yes yes yes yes yes >^s yci yes yes yes yes yes yes yes ye*yes *ORAGI1 CAPACITY 200 400 400 800 1200 1600 400 800 800 1600 2400 3200 600 1200 1200 2400 3600 4600 590 1070 1060 1780 177P 5330 1190 2080 2140 3470 3570 10420 2U80 3350 3580 5580 5970 16740 yH)1470 1460 2560 2970 6930 2680 4550 4780 7980 9570 21540 1735 3010 3120 5260 6270 14235 53 91 95 160 190 431 2640 5280 10560 10560 15840 31680 1.2 1.4 2.7 1.6 2.0 1.6 $3,280 $3,320 $4,440 $6,J00 $9,nc $18,200 i $3.80 54.15 S4.C4 $4.50 $4.34 $4.00 $1.31 $1.10 $1.42 $1.19 $1.45 $1.07 $0.36 $0.30 $0.39 $0.33 50.40 $0.29 COMPARISON with conwnrional fnon«rgfigwablel energy aourc^^t A lOOO-lO.OOOwatt gas genernfor. with maintenance, overhaul and replacement, produces clecirlclry over 10 year at $1.00 to S9.(X) per KWH. A you have to haul fuel. A 5000-50,OOOwait diesel generator, with maintenance and overhaul, produces eh -.Iclty over 10 years at S0.30 to S2.50 per KWH over 10 years, and li s noisy •m<1 smfllsl If you sjTend $20,000 to bring In the power line, use 200KWH per month of avera/«- (over 10 years) $0.20 electricity, your cost over 10 >'^ars Is $1.03 per KWH. (I) Not an EZ-WIRE System Center, for solar modules only. (II) Wiring kits Include: Serle.7pamllfl Individual battery connections. EZ-WlRE to battery cables, battery fuse, battery to Inverter cables. 2400 4800 7200 5310 10710 17920 7710 25120 16415 497 ^2240 2.1 $3.73 $1.29 $0.36 7t ■ ' . ' J O Lbii I FIGURE I: E2-VVIRE S>T.ivm Center Front Panel. The lowt r pitnd has the system controls and caution notices. The "WIND” switch turns on the wind generator in the up position and applies the wind generator brake (str.pi the propeller) in the down position (On Wliisper lOOOhvlv ;uid HlSOOhvlv models the "WIND" switch is on the transformer enciosiu-e. On Whisper 3000 and H4500 models the "WIND" switch is external in a separate enclosure and the wind generator is ON, brake otf, in the down position.) One or two 40 amp SOI-/\R PV input circuit breakers are provided for saJety and controlling solar inputs. One 40 amp LOAD circuit breaker is provided for DC loads. See SECPION C 2 for more informatif>n. The upper right panel contains the Automatic Charging Regulatt>r selector switch and REGUlj'VnNG indicator When the indicator is flashing it means the battery has reached the FLOAT SETIING and is full. .Ml settings of the regulator are in the FLO.AkT or EQUALIZE rtuige of battery’ v(»ltage. .See SECTION C 3 for more informiuion The upper left panel is the monitoring section. To read the b.ittery fuel gauge the left hand toggle and rotary selector swntch must both be in the Volts/Cell position. All other readings are witJi the toggle switch in the Amps-Volts position. See SECTION C-4 for more information. ■ »• r- . ■ .h • ' u . .._____ . ^ . ..V. AUTO CHARGE regulator i •F -I .V • ~:r -' .. -s-y.; CUA AT I ‘ i'* - -v' .-,Vv;r /A- • ’-J. • /* ■ 't'i. , > = SYSTEM MONITOR A •; - * t «i « O'- ■ • a,, r ■M S (.f I’.j; ’ . t Ji ’ C • ! ’ I , V I wv « S 'tAv ^ .• '-^* **.. V i? : : - v;t >: vV* .*r.« rr;- ' • 7:>\- EASY-WIRE SYSTEM CENTER IN D r; K (>LA(< .)U ■V ! t i • AJS •* ,s#'. \z^ ■% #- v: .* •' *v—' / _ r ' •jJ'' . w*. ' W") < \T K.'Z ^ UA A- ^ rxv' t'l 1 C'rrrr *.*’ r»l ^4 e'T k ■ T ^ 4 '• ' ' N - ;‘v’ ”1 KZ‘ ^ f zoMf\s^ KST-mc^M.Ai'S WIND OrE SOI £.H OF> •v; ^ ni It *4 »» i j I <» e I •-I - Ti ^ .t: I / * •. -V f V \ • %/ f • /■ f r -.t SBC. 10.75. HEIGHT OP STRUCTURES, S 10.75 imposed by other Vcovisions*o^VhVs°Ch'apte'/ maV be^ limitations whe?r/pull t°o tV"e' Ar- BrA. €:B, BC. B tD. FtE. GrF. HtG. hU. ^I. KrJ. fcrK. MrL, NM. -Antenna er antenna struetufcs; Church spires. Belfries. space. Cupolas and domes which do not contain useable space. -obtain usable Monuments. Water towers. Fire and hose towers. Observation towers. Flag poles. Chimneys. ---- Smokestacks. feet above j_v Parapet walls extending not more than three feet above height of the building. Cooling towers. Elevator penthouses. \ Conditional Use Permits. Heights in excess of those allowed under Subdivision 1 above for the uses therein may be permitted only by conditional use permit arant<»ri pursuant to the procedures as set forth in Section 10^.09. ^ anted Source: Ordinance No. 198 Effective Date; 8-22-77 ..1 • j Additional Heights on Slopinq Lots On anv lot liThSI aS average" groun^lopen cnac portion of the lot to be occupied bv the main hnii^inn 25% or more (measured in the general direction of the side^lot main ouiiding and the garage or parking space mav be in the ml?nta?nedf'°"" feet "or mo?e‘u in the dilfrVs sp"e^ril=iedn^h^‘/rit additional requirements: Required yards the following eWe.li w . Through Lots. Through lots in anv districtshall have a required front yard on each street. ^ ”B" and "I" District*; ^ Districts: Adjacent Lots. In the“. ^ Districts, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front yard deptS X ORONO CC 391 (4-1-84) RUN DATE 08/l<i/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PI43S481 PACE X BATCH 501 PROP AOOR OWNER NAME TAXPAYER NAHE/ADDR PROP AOOR OWNER NAME TAXPAYER NAHE/ADDR PROP ADOR OWNER NANE TAXPAYER NAHE/ADDR PROP AODR OWNER NAHE TAXPAYER NAHE/ADDR S8 05-117-23 12 0008 00038 ADDTESS UNASSICNED STATE OF niKH STATE OF HINN (DNR) CLUCE LINE TRAIL) 38 05-117-23 12 0011 00185 BEDERWOOO OR GEORGE S TERP GEORGE S TERP 185 BEDERWOOO DR LONG LAKE HN 55358 38 05-117-23 12 0012 00185 BEDERWOOO DR J SOUTER 8 0 R ZICK JOHN SOUTER I OANIKA ZICK 185 BEDERWOOO DR LONG LAKE HN 55358 38 05-117-23 12 0013 00200 BEDERWOOO DR C L 8 J W GUSTAFSON JOANN W GUSTAFSON 200 BEDERWOOO DRIVE LONG LAKE HN 55358 38 05-117-23 12 0018 00038 ADDRESS UNASSICNED STATE OF HINN STATE OF HINN tDNR) fLUCE LINE TRAIL) 38 05-117-23 12 0017 03815 HIGH LA RICHARD 6 HARKLUNO RICHARD G HARKLUNO S41S HIGH LA LONG LAKE HN 55358 38 05-117-23 12 0018 03575 CHRISTINE DR H R SHIELDS 8 J K SHIELDS HICHAEL R SHIELDS 3575 CHRISTINE DR HAPLE PLAIN HN 55359 38 05-117-23 12 0019 03535 CHRISTINE DR R C RYAN JR 8 J H RYAN ROBERT C JR 8 JAN H RYAN 3535 CHRISTINE DR HAPLE PLAIN HN 55359 36 05-117-23 12 0020 03505 CHRISTINE DR S L HANIKOWSKI ET AL SUSAN L HANIKOWSKI 3505 CHRISTINE DR HAPLE PLAIN HN 55359 X.? 38 05-117-23 12 0022 00080 STUBBS BAY RD S C C KROLL ET AL TRUSTEES CLEHENT C KROLL 60 STUBBS BAY RD S HAPLE PLAIN HN 55359 38 05-117-23 12 0028 00038 ADDRESS UNASSIGNED BETZ ADDITION HOHEOWNERS ASSOC BETZ ADDITION HOHEOWNRS ASSO 3535 CHRISTINE DR HAPLE PLAIN HN 55359 TOTAL BATCH 501 00011 1 CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE A)ID TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE OH THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE M bluliliT flLE3S3S' PJ~1 r l'4-i i\ 8 September 20,1998 Mayor Jabbour 2750 Kelly Paricway RO Box 66 Ciystal Bay, Minnesota 55323 Dear Mayor Jabbour, Members of the Orono City Council. Members of the Orono Planning Commission, and Zoning Administrators, My name is Snem Manikowski. My husband Joe Manikowski and I live at 3505 Christine Drive, next door to 3535 Christine Drive. I would like to give input regarding your decision concerning the variance request (#2420) for a ninety-foot wind generator to be erected at 3535 Christine Drive. Three and wie half years ago vw moved from Golden Valley to Orono. The reasons we choose this area are clear to us. Christine Drive is a quiet private road. We were anxious to have the beauty of nature around us. We wanted to excjqre the increasing noise level rf the first ring suburbs. Finally we wanted to protect the investment in our home with the stable property values in this area For this we were willing to take «i a imich higher tax bill Because of purposed variance #2420 all of these reasons seem to be in some jeopardy. A ninety-foot wind generator will clearly be out of character with the neighborhood. It is an eye sore and will have a n^ative effect on the neighborhood. It will be in view from any area on the backside of our home and also will greet anyone driving up to the front entrance. We often have windows open at night or sit on our deck to enjoy the quiet WTind generators have a contimious hum that would take away from this experience and not allow us to have windows open d^ or night We also fear that much of the wild life now present would be scared away. There would be a need for lights (aircraft do fly in the area) on this size tower that would also shine in our windows at night Our home value will certainly decrease. All of these issues concern us. I have called World Power Technologies Inc. The purposed wind tower is ninety feet high and requires a ninety-foot diameter circle at its base created by its guide wires. We have a concern about the location of those wires. If the structure would fall it could be on our property or the DNR s property. When asked about how many of these towers had been put into suburban locations, the World Power Technologies Inc. representative said, “these are almost always rural installations because suburban areas do not allow them.” Our street with its five existing homes would certainly be considered suburbaa A call to the University of Minnesota’s School of Engineering confirmed another concern. Towers of this size draw lightning strikes. Lighting then goes to the highest point available, in this case, the cedar roofs on any of the homes on Christine Drive that would back up to ft. We feel this is a very real safety hazard and c^d effect homeowner's insurance rates. We are asking that you deny variance request #2420 and do not take any precedent setting actioa Codes serve the purpose of protecting the greater good of all the citizens of Orono. This is not a personal issue with the residents of 3535 Christine Drive. It is our hope that another way can be found to resolve their energy concerns. Thank you for hearing ours. Carlton and Marie Hagberg who reside at 3485 Christine Drive are on an extended trip I have contacted them and they share our concerns. Sincerely, 'Susan Manikowski 3505 Christine Drive Orono, Mn. 55359 476-2736 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator // FROM: Paul Weinberger, Assistant Zoning Administrator DATE:September 14,1998 SUBJECT: #23 89 Daniel J. Kluth 2801 Fox Street Conditional Use Permit-Variance The Planning Commission tabled this application in July to allow time to review how the City intends to regulate plumbing in accessory structures. Mr. Kluth also agreed to extend the application an additional 60 days. The deadline is October 15, 1998. Mr. Kluth has requested the Planning Commission consider this application at their September meeting. His reason for the request are partially due to the construction season soon ending and the extended deadline approaching. An extension of the deadline can certainly be granted by staff or by request of the applicant. Although, Mr. Kluth has indicated he would welcome a recommendation at this time, and an opportunity to bring the application to the City Council with the understanding the Planning Commission is reviewing several options on regulating plumbing in accessory structures. Attachments: Notice of Plarming Commission Action 60 Day Extension Letter Memo from Stephen Weckman, City On-Site Systems Manager Staff Report GlTYof ORONO Manidpal Offices Street Address: 2750 Kelley Paricway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 July 28, 1998 Daniel J. Kluth 2801 Fox Street Long Lake, MN 55356 Re: Application #2389 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 18.1998. The 60 day review period expires on August 17. 1998. Your application has been extended 60 days to allow time for the Planning Commission to review the Zoning Code as it relates to plumbing in accessory structures. The new expiration date is October 15. 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. Please do not hesitate to contact me should you have questions. Sincerely, Assistant Zoning Administrator Tdephonc (612) 473-7357 • FAX 47341510 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2389 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 7/21/98 TO; Daniel J. Kluth 2801 Fox Street Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 7/20/98 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for the Planning Commission and City Council to review the zoning code as it relates to plumbing in accessory buildings. NOTES AND SPECIAL CONDITIONS: The applicant has agreed to extend the deadline for an additional 60 days. You will be notified by mail of the meeting date and time. If you desire certified copies of the official Planning Commission minutes, they are available firom the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\W PDOCS\C AR0LE\PCACTI0N\23 89 TO:Paul Weinberger, Assistant Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:July 29, 1998 SUBJECT: Septic Review for Application #2389, Daniel J. Klulh - Conditional Use Permit This memo is a review of the septic system capacity at 2801 Fox St. due the applicant's proposed accessory structure. The City and State regulations determine the septic system sizing for residential uses based solely on the number of bedrooms. Additional bathroom or plumbing fixtures do not require additional septic tank or drainfield capacity unless the fixtures can be expected to cause unusually high flows. The existing on-site system serving the residence is designed for a four bedroom dwelling. As long as the residence still has only four bedrooms, no alteration of the septic system is required at this time. TO: FROM; Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator DATE;July 13,1998 SUBJECT: #2389 Daniel J. Kluth 2801 Fox Street Conditional Use Permit—Variance—Public Hearing Zoning District: LR-1A Lot Area:118,268 One Family Lakeshore Residential District (2 Acre) square feet (2.71 acres)_____________________ Application: Background: The applicants are requesting a conditional use permit for a guest house that will be used as a "game building". The structure will be located on the same lot as their residence. A conditional use permit is necessary for plumbing to serve the building. The applicants have stated they only intend to have one toilet and one sink installed. A lot size variance is required for the guest house. The Code requires lots with guest houses must meet density requirements. Lots in the LR-IA (2 acre) zoning district must be a minimum of 4 acres to support a guest house. The applicant's lot is 2.71 acres. A building permit was issued to the applicant on June 10,1998 to construct the building as an accessory structure. This is a permitted use. The need for plumbing in the building requires a conditional use permit, as well as the variance from minimum lot size. In 1991 the City Council granted a variance from front yard setback to build a detached garage in front of the existing residence. The garage was constructed in 1992. »2389DanlelJ. Kluth 2801 Fox Strtet Variance - Conditional Use Permit 7/20/98 Page I 1. 1 Definition of Accessory Use or Structure 1. 28 Definition of Guest House 1. 7 One Building Per Lot 1. 9 Location 1. 11 Dwelling Use Prohibited 1. 12 Crowding Principal Structures ANALYSIS ^ea Lot Width Rear Yard Side Yard Street Yard 0 s.f. es) 200*50’ 10’ accessory structures 30 ’50' 68 s.f. acres) 465.93 ’39.7 ’172’177 ’ uires double the minimum lot size to maintain density. The subject lot lust be approved from minimum lot size for this lot. lew structure are met. ^TiTiJlWufW [tmiRfWrtyiitmicTrrnnfri.TnrnT^rnmr:iiW0im TiliiU} •lliitlt Mifityaut rtiMit rnmmliV^0)d9Ui$sTA0MH9iii0[lfi0l T0ir^^^M0}f0mmnmm0U:iMr0 •linRiriT'j rtTiWJiii •Kilt }0yd0)0i0M40M0iiyii0niunm l0liiUl T0l09iW0im1iVM0l0]0ltW9iiJ^M0]d0l^I^Wlih't0l n 0]CA rtmit •iinrtnii!^mm B. Variance STATEMENT OF HARDSHIP The applicant's statement of hardship is included as an attachment to this report. 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 applicants had considered adding to their home, but due to drainage problems on the lot the only way to gain additional indoor recreation space the applicant felt it was necessary to construct a detached accessory structure. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot has some drainage problems that may have impacts on the lot if the addition would be attached to the principal residence. 3. The variance, if granted, will not alter the essential character of the localitv-. The structure will not change the appearance of the neighborhood. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. K2389 DanielJ. Kluth 2801 Fox Street Variance - Conditional Use Permit 7/20/98 Page A 7. 8. The use of the property will remain residential. The application is for plumbing in an accessory structure which the Code does not address. In the pzist plumbing in an accessory structure has been defmed as a guest house. 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. Mr. and Mrs. Kluth have agreed to place a restrictive covenant on the deed to run with the land which would prohibit the use of the building as any sort of living quarters. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The property contains a drainage pattern that would be impacted by extending the residence. 9. 10. 11. 12. The conditions do not apply generally to other land or structures in the district in which said land is located. The residence is built into a hill and water naturally flows from the higher southwest comer of the lot to the northeast comer. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot could support an addition to the home absent of a drainage problem. To maximize livable space without interrupting the natural water flow the applicant is constmcting an accessory structure separate from the principal. 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 game building will be required to meet all current building code requirements. The stmcture will have plumbing and heating. It will not have a detrimental effect on adjacent properties. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. »2389 DanUlJ. Kluth 2801 Fox Strttt Varlanct • Conditional Use Perml. 7/20/98 Pages The variances for lot size are due to the inability to construct an addition to the home. The second variance from rear lot setback requirements may be a convenience to the applicant resulting from an accessory structure converting to a guest house. Issues 1. 2. 3. 4. A building permit has been issued for the structure and construction has begun. This is permitted because it is an accessory structure and meets all lot requirements and setbacks. This is a two part application. A conditional use permit is required for a guest house, and a variance is required on lot size to preserve density within the zoning district. The game house does meet minimum setback requirements as an accessory structure. Although, in some cases a guest house has been positioned considering the possiblility for a two-lot subdivision. This would require the guest house to be positioned 60 feet from the principal structure, therefore meeting the 30 foot setback requirement should the lots be split in the future. Another consideration is setback distances for a guest house to meet those of a principal structure creating a conforming situation at the time a lot were to subdivide. The applicants have agreed to place a restrictive covenant on the deed to run with the land which would prohibit the use of the building as any sort of living quarters. Staff Recommendation Planning Commission consider the issues and facts to determine a recommendation. Attachments A B C D E F G Applicant Letter and Attachments Location Map Plat Map Survey Topographic Map Property Owners List Permit Record #2389DanleU. Kluth 2801 Fox Street Variance - Conditional Use Permit 7/20/98 Page(s EXHIBIT A June 18,1998 2801 Fox Street Long Lake (Orono), MN 55356 Orono Planning Commission City of Orono P.O. Box 66 Orono, MN 55323 re: Application for a Conditional Use Permit and/or Variance To whom it may concern: Attached to this letter, please find our* application for a Conditional Use Permit to allow us to add a small bathroom to a Game Building we are constructing on our property. Also attached to this letter please find a descriptive index of the attachments. This letter will serve to describe our request in detail. The Need for the Additional Space We decided last year that we have a need for extra space for our home. Our home was built in 1985 and I purchased it in ^ 990. The house has no basement since the lower level is completely finished. The lower level includes our childrens’ bedrooms, a bathroom and family room. There is also a small, partially finished laundry room and a very small, closet-sized storage area used as a work area. Our children (ages 7*/a and 12) have lamented the fact that there is insufficient space in our house for larger games or projects. For example, I have a large collection of 1950's v .age Lionell trains that we set up in the family room of our house a few years ago. The train board required to support the set of trains was eight feet square and took up half the family room. We have since dismantled *he train set because we don’t have the space to use it. * Note: Although “we” and “us” is used throughout this letter to describe my wife, Maggi G. Kluth, and me, my marriage to Maggi was subsequent to my ownership of the land. Therefore, title in the land at this time lies only with me. This Request for a Conditional Use Permit is therefore submitted in my name orUy but it is with the foil support of Maggi G. Kluth. Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17, 1998 Page 2 of 5 Options for Expanding E?dsting Home Area In viewing our options for more space, we came to the conclusion that adding on to the house was not a viable approach. The only available location for the addition would have to be on the east side of the house. This would destroy the architectural beauty of the house, and, more importantly, disrupt the natural water flow and drainage over the land. Since the house is built into a hill, it is essential that the water be allowed to flow around the buildings from the higher south-west comer to the lower north-east comer of the lot. Since there is a valley between the east side of the house and the rest of the east side of the lot, an addition to the east side of the house would fill in the drainage path from the rear of the house. In the past, we have installed multiple drain tile and drain lines fi om the house and the rear area though the valley to drain from the rear area to the lower north-east comer of the lot. As a direct result of this, we decided instead to add a detached building and preserve the drainage path {see Attachment A to this letter, a 1985 topographical survey of the land at issue showing the valley between the east side of the house and the east portion of the lot). We are building this Game Building for the specific purpose of housing hobbies, games, and school projects, in a single, large room. The building is detached from the house to maintain the drainage area between the house and the building {see Attachment B, recent survey). As you can see from the attached drawings, we intend to pave a narrow drive through the valley which is pitched to maintain the natural drainage from the rear of the lot {see Attachment C, landscape engineer’s first color drawing showing elevation data along the valley), and under which will lie the drmn lines from the house and rear areas. To make the Game Building as esthetically pleasing as possible, it was designed by the same professional architectural firm that designed our house: Cradit & Associates of Minneapolis. The interior and exterior will have the same design, trim and colors as the house interior and exterior (see Attachment D, complete set of final archite^ral design drawings). It is designed to be used during all four of Miimesota ’s seasons with a forced air gas furnace and a wood stove for the winter. The narrow driveway through the valley will facilitate snow removal between the house and the Game Building. The building itself has a low profile and its location was carefully chosen by the landscape architecture firm of Gardeneer, Inc. of Rogers, MN, to blend in with the natural surroundings (See Attachment E, final landscape engineer drawings). It is truly a first class building which will complement the existing home and the land. (See Attachment F, panoramic view of house, valley and building). 0a- Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 3 of 5 Requirement of a Bathroom To complete the functional design of the building and to fulfill the goal of the building becoming a detached extension of our home, it will need a simple bathroom. The normal use of the building will be during extended periods of play in which the need of a bathroom for the children is essential, especially in the winter months when a trip to the house would be extremely inconvenient for the childreiL For safety and convenience, a quarter bath (toilet and sink) is all that is required. In working with the Orono City inspectors to get approval for the building, we were informed that the City of Orono is concerned about the possibility of detached buildings being rented out or used as apartments. We can assure the City this will not be the case and we are willing to accede to any of the City ’s requirements and restrictions to obtain approval of the bathroom in the Game Building. There are no cooking facilities in the Game Building and there are no sleeping quarters. We would agree to place a restrictive covenant on the deed to run with the land which would prohibit the use of the building as any sort of living quarters. Precedent for Granting Our Request The Orono City Council has granted requests in the past which are similar in all respects to our request. As such, our request is entirely in concert with past precedent. For example, in Orono City Counsel Resolution No. 3455 (Attachment G, August 8,1994), Mr. William Stoddard was granted a variance and conditional use permit for a guest house on an adjacent lot which was merged with his main lot. Mr. Stoddard did not have the required 2 acres for a guest building (LR-IB zoning district) or the required lot width. In a letter (not attached, but found in the original file) from a neighbor of Mr. Stoddard in support of the variance, the neighbor referred to the detached structure as their *‘game house.” In Orono City Counsel Resolution No. 3493 (Attachment H, November 14, 1994) l^srs. Kipfer and Sargent were denied a conditional use permit for a detached building for which they requested the designation of “guest house.” However, in denying their request, the City Counsel approved the bulding plans which included a full bath and shower, and required that the owners place restrictive covenants on the land which prohibited the use of the detached structure for living quarters. In Orono City Counsel Resolution No. 2768 (Attachment I, c.1990), Mr. John Rogers was granted a conditional use permit for a guest house as long as Mr. Rogers agreed never to rent out the detached building. A restrictive covenant was also required. O O iJ Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 4 of 5 Finally, in Orono City Counsel Resolution No. 2444 (Attachment J, November, 1988), the applicant (Norwest Bank, as trustee) was granted a variance and a conditional use permit for a guest house above a detached garage. As you can see from the foregoing examples, the existence of a bathroom in a detached building, whether it be designated a “guest house ” or not, has been granted in situations which required greater deviation from City Ordinances and City Counsel Resolutions than would be required in the present application. We therefore view our request as fitting within the four comers of past precedeent. The Present Application is a Direct Result of a Hardship By preser\dng the dr^age valley, we have incurred a hardship: the need for a detached building rather than an attached building. Had we added on to our home, we could have potentially created drainage problems, or our addition may have been denied because of the potential drainage problems. By choosing to build a detached building, we now have a safety and convenience issue: the need for a small bathroom. To ameliorate this hardship, and to allow us full use and enjoyment of our land while preserving the overall quality of the land, we ask for this variance and conditional use permit. We do not believe that the granting of this variance and conditional use permit will run against prior City Counsel precedent or mn against the zoning and planning ordinances of the City of Orono. We respectfully request the granting of our request. Please contact me if you require any further information. I can be reached at home at 449-0959 (voice), 449-8918 (dedicated fax), or at work at 373-6904 (voice), 339-3061 (fax). Very truly yours. Daniel J. Kluth Attachments n (?#• »•' •N • •^ .W N I • / #. r • ' / \VW Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 5 of 5 List of Attachments Attachment A B F G H I J Description A copy of the 1985 topographical survey of the land at issue showing the valley between the east side of the house and the east portion of the lot. The valley is critical to the preservation of drainage behind the house. Recent survey showing the location of the Game Building in relation to the existing house (drawn by Mark Gronberg, licensed surveyor, with CofiBn & Gronberg, Inc.). Landscape enpneer’s first color drawing showing elevation data along the valley (drawn by A1 Hipps, licensed landscape engineer with Gardeneer, Inc.). Complete set of final architectural design drawings (designed by Jerry Hufifine, licensed architect with Cradit & Associates). Final landscape engineer drawings showing approximate location of the Game Building (drawn by A1 Hipps, licensed landscape engineer with Gardeneer, Inc.). Panoramic view of house, drainage valley and proposed Game Building. Orono City Counsel Resolution No. 3455 (August 8,1994). Orono City Counsel Resolution No. 3493 (November 14,1994). Orono City Counsel Resolution No. 2768 (1990). Orono City Counsel Resolution No. 2444 (November, 1988). vr.V ? V. \ / • • •. / ... • • •• i • # i • *: WQchmtn> "ft" 1 hereby certify that this is a true and correct representa tion of a survey of the bound aries of Lot I, niock 3, FARVlEtf, and the location of all buildings, if any thereon and the proposed location of a proposed building. It does not purport to show other Inproveaients or encroachments. COFFIN I G^ONBERG, INC. rtirk S7 «i*unoerg Gordon R. Coffin Reg. No. 6064 Engineers 4 Land Surveyors Long Lake, HInnesota CERTIFICATE OF SURVEf FOR NUTCRACKER HOMES LOT I. OLOCK 3, FARVIEU HENNEPIN county. HINNESOTA 1 . \ . ' / / N C cou^rr /toAO /va. sy Date : 4-9*05 Scale: I" • 40* 0 : Iror marker .te#— : Proposed elevation fSOh- : Exl*ting elevation Oatumr 192S ,. $ C: X k% V 44- ^fr /OO a .1 I > i T^rry. ! ii 6TH AVE N Classen Lake 800 ORONO KSH SCH onoNoaiMscH ORONO MOOLI SCH cmriu 1 KELLEY Dick^ Lake PICKET SU6ARW000S RIOGE LA LAXEJVEW TER 0UN|TRT CLUB RO S 400 mm |5 0 I 3 s h OAHiaSST o XI__ HAAIUNG1 S iwnnoiai Bnut WEAR cm WATERTOWN RD COUNTRYSIDE B ''•..It/Cfe Line WHITE Nwrenberg \|arden Park u360 6RAN0AVE Ntasoi I tmBCOLM > DR I DEVIN LA / LONGVIEW CIR Biking .. ^OX ffffQ. ABINGDON WAY 800 FRaCHUKE V -• "4^* •north m.^4 V > ' , i Lake 200 MNNHONKA C) CRYSTALg s PROSfICT AWE EXHIBIT D Certificate of Survey.fon Daniel J. Kluth of Lot 1. Block 3, FARVIEW Henriepin County« Minnesota. •• • • • • • • Co.A/o.34^ - - Q •2 -TJ 0VJ ' ji0Me ^ 4w« #»•< LEGAL DESCRIPTION OP PREMISES SURVEYED; Lot 1# Block 3; FARVIEW. This survey shows the boundaries of the above described property, the existing location of an existing house, and the proposed location of a proposed garage. It does not pur- port to show any other improvements or encroachments^ . . I hereby certify that this survey was prepared by me or under my direct supervision, and that I am e duly registered Civil Engineer and Land Surveyor .under the . . . . .— • laws of the State of Minnesota. • COFFIN h CRONBERG, INC. - Mark S. Gronberg MN. Lie. No. 12755 .Engineers, Land Surveyors, Planners Long.Lake, Minnesota Scale: T inch ■ 50 feet Date : July 12, 1991 o Iron marker found Bearings Ahpwn are based upon an assumed datum. 4*5*15 * MoMUO *««•••#2389 * •••wkk n«4.i • e\Awtti c -IMf/P0«3 tfICM ------•«*i«*€4 iim •me mi covca CTD Pill Oufltsl fl«cc — —CAfC CD •-iUOiae f:::j •uiioiae • U»:ca C3«|ti •CZJ ittuctmt a COadllf u«t I' 1 twimiae Pooi 1 __1 *CCBC*rioa Puiiitt ♦ —tlCBf o f A«t •POlC t ifMit iie«r m iftiiitr 101 ■■ *li«0O tic««4. A ■aIIAOaA SwifCN O CAOuaO COafiX • «Iil. A CAOuaO C.)atRX NOA||./*|*t. -----------------^iBOCi co«rou« - -----------------laURnCDUtl C3«iXia CZ) OtSCuACt COatXt tis.t tPOt ciciatioa t««t« •• f««l 0 t* SWI/4 SEC. 4 T117N.R23W HENNEPIN COUNTY ro< Orono. fill t* 0*i« «f 11*10*11 HORIZONS. INC. ACtiH tufPtwC MO/tlSIC»Uf «.i». M y'M l«»4 • tJM iPw«i Ml4| • •••fitl* MOKIZONS* mE S*f209 RUN DATE 06/01/98 BATCH 507 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 58 0^-117-23 31 0006 00585 OLD CRYSTAL DAY RD PAUL W BERG6REN I WIFE REV PAUL W BER66REN 585 OLD CRYSTAL DAY RD LONG LAKE MN 55356 38 09-117-23 31 0011 02880 FOX ST LESTER E THOMPSON ET AL LESTER E THOMPSON 2880 FOX ST RT 1 BOX 325T LONG LAKE HN 55356 38 09-117-23 39 0006 02800 FARVIEW LA J F KEMP I L NOVOTNEY-KEHP JEROME F KEMP 2800 FARVIEW LA LONG LAKE HN 55356 38 09-117-23 92 0005 02790 FOX ST 0 E DRESSEL ETAL ORVILLE E DRESSEL 2790 FOX ST WAYZATA HN 55391 38 09-117-23 93 0002 02765 FOX ST Y D ROUX 8 L E ROUX YVES D ROUX 2765 FOX ST WAYZATA MN 55391 TOTAL BATCH 507 00015 000838 09-117-23 31 02920 FOX ST CHERRY C STUBBS CHERRY C STUBBS 2920 FOX ST LONG LAKE MN 55356 38 09-117-23 39 02801 FOX ST DANIEL J KLUTH DANIEL J KLUTH 2801 FOX ST ORONO HN 55356 0C09 38 09-117-23 39 0007 02905 FOX ST HARK F ENGEDRETSON ET AL HARK I CAROL ENGEDRETSON 2905 FOX ST LONG LAKE MN 55356 38 09-117-23 92 0006 02760 FOX ST MINNETONKA ALAND GROUP INC MINNETONKA ALAND GROUP 2760 FOX ST WAYZATA HN 55391 001138 09-117-23 93 02760 FOX ST MINNETONKA ALANO GROUP INC MINNETONKA ALANO SOCIETY 2760 FOX ST WAYZATA MN 55391 REPORT NO. PI935901 PAGE 29 38 09-1} 31 0010 00565 Oi.O CRYSTAL BAY RD J D FARMER I P J FARMER JONATHAN D FORMER 565 OLD CRYSTAL BAY RD S LONG LAKE MN 55356 Hs 38 09-117-23 39 0005 02820 FARVIEW LA T N HOWARD ACS HOWARD THOMAS N I CHERYL S HOWARD 2820 FARVIEW LA LONG LAKE MN 55356 XX 38 09-117-23 92 0009 02720 FOX ST G L ROLLER 8 C J ROLLER GARY L ROLLER 2720 FOX ST WAYZATA MN 55391 38 09-117-23 92 0023 00590 OLD CRYSTAL DAY RD S G FUNK 8 J R060SHESKE GEORGE FUNX/JUDY ROGOSHESKE 590 OLD CRYSTAL BAY RD S LONG LAKE MN 55356 38 09-117-23 93 0019 02770 RAINEY RD RICHARD K WYSOCKI ETAL RICHARD 8 APRIL WYSOCKI 2770 RAINEY RD WAYZATA MN 55391 i EXHIBIT G Permit No PERMIT RECORD Date 7<^//-?-M-S ’'7 _r22^_3-9-/r, dCo!7-^3^i5 3^39 _;?- 4-.^ 9-37- S-S" ^3_T^ioIdqIqo ybA7 /33t-/o-/-^c, hlA ------------------------;----^ ----------------- !<>i/-Ol nSb/ Type of Permit Q -O ; •J^ /:t k' i^-./ 0 - ? _______/icgessory Buildv nj To: From: Date: Chair Smith and Planning Commission Members Michael P. Gaffron, Senior Planning Coordinator fi'September 18,1998 ' Subject: Plumbing in Accessory Buildings - Revised Language /;i At your August 14 work session, Planning Commission directed staff to make specific language additions and revisions to the proposed code amendment which would regulate plumbing in accessory buildings. The requested changes have been made and are indicated in italics on the attached draft. Exhibit A. Also included is the staff memo and exhibits of July 16. Summary of Code Ameudment The proposed language for Section 10.03 Subd. 9F will generally regulate plumbing in accessory buildings as follows: 1. Allows issuance of permits for outside sillcocks and indoor water supply in all accessory buildings. 2. Allows issuance of permits for installation of fixtures requiring wastewater plumbing (other than bathtub or shower) subject to: a. Suitable septic system or sewer connection; and b. Owner must execute a covenant whereby owner agrees to: - No home occupation use unless approved or allowed by code. - No dwelling use except/unless via a guest house CUP - No rental/lease as a dwelling umt 3. Installation of a shower or bathtub will be allowed only via a "guest house CUP or a "plumbing in accessory buildings CUP". The propc ied language for Section 10.20 Subd. 3Q creates a new condifional VISS in residential zones to be known as "Plumbing in Accessory Buildings" for those situations where a bathtub or shower will be installed, subject to the same conditions noted in 2a and 2b above. Staff Recommendation Staff recommends approval of the proposed language, noting that a majority of the outstanding and anticipated requests for accessory building plumbing will likely not require a CUP under the proposed language. If Planning Commission finds the proposed amendment acceptable, a recommendation tothe City Council would be in order. Section 10.03 PROPOSED CODE LANGUAGE ADDITIONS (REVISED 9-17-98 per PC Comments at 8-14-98 Work session) (Revisions in italics) Subd. 9. Accessor}' Buildings. F■ Plumbing. The provision of outside sillcocks and indoor water supply shall be allowed in all accessory buildmes. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildines has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the City to limit residential development density to the allowed densities mthin the respective zoning districts, plumbine in accessory' buildings shall be regulated as follows: L Proyision of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be considered as an allowed accessory use in any accessory building subject to provision of municipal sanitary' sewer or a conforming sewage treatment svstem designed to handle the anticipated flows from such fixtures, and subiect to the property owner executing a covenant providing that: fii Accessory building will not be used for a home occupation unless specifically approved by City or if allowed hv City code. hi. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. Accessory buildine will not be rented, leased or otherw ise provided for use as a dwelling under anv circumstances. Provision of any combinations of fixtures requiring wastewater plumbing that does include a shower or bathtub shall be allowed only yia a "guest house" or "plumbing in accessory building ” conditional use permit as regulated in the zoning code, and subiect to proyision of municipal sanitary sewer or a conforming septic system designed to handle the anticipated flows from such fixtures. Section 10.20 Subd. 3. Conditional Uses. Qj_Plumbing in Accessory Building. The proyision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment svstem designed to handle the anticipated flows from the building plumbing, and subiect to the property owner executing a covenant providing that: Accessory building will not be used for a home occupation unless specifically approved bv Citv or if allowed bv City code. hi Accessory building will not be used as a dwelling unless a guest house CUP is obtained. Accessory building will not be rented, leased or othenvise provided for use as a dwelling under any circumstances. To: From: Date: Chair Smith and Planning Commission Members Michael P. Gaffron, Senior Planning Coordinator^i^^^!^ July 16,1998 Subject: Proposed Zoning Code Amendment - Plumbing in Accessory Buildings Pertinent Code Sections Section 10.03, Subd. 9: Accessory Buildings Section 10.03, Subd. 11: Dwelling Use Prohibited Section 10.20, Subd. 3(G)(1) R-IA Conditional Uses: Guest Houses Attachments A - Proposed amendment language B - Staff Memo June 6,1997 C - Public Hearing Notice D - Pertinent Code Sections Background Staff is constantly in receipt of requests to allow plumbing in accessory buildings. There is no clear direction in the zoning code that allows or prohibits plumbing in accessory buildings. We are proposing a code amendment that would provide some direction. Staff has attempted to maintain some consistency in dealing with this issue. Water supply lines have generally been allowed in an accessory building (such as a faucet for a hose), but not fixtures which require waste piping. Residents proposing bathrooms or other plumbing in accessory buildings have generally been required to apply for a 'guest house' CUP. Many applicants claim no intent to use their accessory building as a guest house, yet certain levels or combinations of plumbing fixtures yield the potential to fully function as a secondary dwelling unit on the property. A problem that also often arises is that our guest house CUP standards require double the zoning district required lot area, which most properties don't meet. We need to reach a conclusion as to what degree plumbing in acessory structures should be regulated, and define what fixtures or combinations of fixtures trigger the need for a higher degree of regulation. The possible range in regulations might include: 1. Staff permit approval without restrictions. 2. Staff permit approval subject to specific restrictions or covenants. 3. Council action required for a CUP or variance. Plumbing in Accessory Buildings July 16, 1998 Page 2 Why Regulate Plumbing In Accessory ’ Buildings? The ultimate goal is to preserve the integrity of single-family neighborhoods, avoiding the higher intensity of human activity associated with having more than one dwelling on a property. Most cities simply do not allow a second dwelling unit on a property. Orono Code has contained such a provision since 1962, but since 1968 (or possibly earlier) has also allowed a guest house as a CUP under virtually the same conditions as appear in the current code. We have experienced a (small) number of past situations where accessory buildings with plumbing have been converted to dwelling/rental use without City approval. The magnitude of the potential problem is not huge, although with our many 'estate* properties there are a lot of existing caretaker cottages, for instance. Our goal has been to avoid creating situations where conversion to a dwelling umt can readily be accomplished by merely plugging in a stove and a refrigerator. Defining what constitutes a 'dwelling unit' is key to resolving our concerns. What Is A Dwelling Unit? Please review the comments in the 6/6/97 staff memo. The only direction in the zoning code definition of dwelling is language stating "...designed or intended to be occupied exclusively for residence purposes...". The Uniform Building Code indicates that a dwelling is characterized by containing " ...living facilities, including provisions for sleeping, eating, cooking and sanitation...". • Provisions for sleeping, eating and to some extent cooking are realized by providing 'plug-in' items: a bed, a table and chairs, a stove or microwave, a refrigerator. Provisions for sanitation, however, require plumbing: a sink, a toilet, and a shower or tub, and a water heater. These are items of 'infrastructure' which when present, make the conversion to a dwelling imminently possible. The building inspections staff have suggested that allowing a toilet and sink in an accessory building will not necessarily result in dwelling potential, but adding a tub or shower along with a toilet and sink can lead to separate dwelling potential. They note it is more common to get requests for a toilet and sink than for a tub or shower. Possible Options In order of least restrictive to most restrictive, Orono could follow one of these optional courses of action ("water supply" is simply water supply piping without wastewater piping, i.e. a hose connection; "partial plumbing" is wastewater plumbing that does not result in a sink-tub/shower- toilet combination; "full plumbing" is when there is a sink-tub/show ’er-toilet combination): Plumbing in Accessory Buildings July 16, 1998 Page 3 1. 2. 3. 4. 5. 6. Allow staff to issue permits for water supply, partial and full plumbing in accessory buildings, and regulate the jise of those buildings under current code standards; i.e. conclude that it is the use, not the physical structure, that is being regulated. Allow staff to issue permits for water supply and partial plumbing, but for full plumbing staff can only issue permit subject to a covenant in which the owner agrees that the structure will not be used as a guest house unless a CUP is granted, and prohibiting its use under any circumstances as a rental dwelling (we do something similar to this for oversize accessory structures). Allow staff to issue permits for water supply, partial plumbing and full plumbing, but require a covenant for partial or full plumbing. Allow staff to issue permits for water supply and partial plumbing, but require a CUP for full plumbing. Staff issuance of water supply, but covenant for partial plumbing, CUP for full plumbing. CUP for all plumbing. 7. Prohibit all plumbing in all accessory buildings except when a guest house CUP has been granted (i.e. require a variance for anx plumbing in an accessory building when it is not intended as a guest house. 8. Some other combination of staff permit/covenant/CUP. These options are summarized in the following matrix. Obviously, there are additional options within the matrix other than the 7 highlighted. Options 8 thru 13 would impose higher regulation on partial plumbing than on full plumbing, which doesn't necessarily make sense. Options 14-15-16 make full plumbing a variance with various levels of regulation for partial plumbing. FULL PLUMBING Oz S Cm < Staff Staff' COV CUP VAR Staff 1 2 4 14 Staf^COV 8 3 5 IS CUP 9 10 6 16 VAR 11 12 13 7 Plumbing in Accessory Structures July 16.1998 Page 4 Staff Recommendation Staff would recommend a combined regulation as follows: A. B. Staff authorized to issue permits for water supp ly plumbing in accessory buildings. Any wastewater plumbing in an accessory building will require that a covenant be filed in the title including the following agreements: 1. Accessory building will not be used fyt^ome occupation except ifi'when specifically approved by City, a Accessory building will not be used as a dwelling unless a guest house CUP is obtained. 2. 3. Accessory building will not be rented out as a dwelling under any circumstances. C.Wastewater plumbing that includes a tub or shower will require a CUP. A conditional use to be termed "Plumbing in Accessorj^S^ruefi&e" will be added to the R-1A list of conditional uses, and will require that the owner execute a covenant as noted in B above. The value in adding this new conditional use is that it would allow full plumbing without having to meet the "double lot area" standard that is required for a guest house. The CUP and covenant would give the City clear enforcement authority if the conditions were violated. Also, the City could avoid being in the position of having to grant lot area variances or deny a guest house application when the lot is too small and there is no intent to use it as a guest house. To this end, proposed code revisions are attached as Exhibit A. Planning Commission Action Requested Provide staff with direction regarding the proposed amendment. «: yO PROPOSED CODE LANGUAGE ADDITIONS Section 10.03 Subd. 9. Accessoty Buildings. V' 1/ 11' /F. Plumbing. The provision of outside sillcocks and indoor water supply shall be allowed in all accessory buildings. Because the provision of plumbing Fixtures anfa wastewater plumbing in accessoiT buildings has the potential to allow such buildings to be used ks dwelling units, plumbing in accessory’ buildings shall be regulated as follows: Provision of any combination of fixtures requiring wastewater plumbing that does 2. not include a shower or bathtub shall be considered as an allowed accessory use in any accessory building subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a covenant providing that: Accessory building will not be used for a home occupation unless specifically approved bv Citv:;*>p » Accessory building will not be used as a dwelling unless a guest house CUP is obtained. . Accessory building will not be rentro onUas a dwelling under anv j j circumstances. \ ' C? t (L Provision of anv combinations of fixtures requiring w astewater plumbing that does include a shower or bathtub shall be allowed only via a "guest house ” or "plumbing in accessory building" conditional use permit as regulated in the zoning code, and . y subject to provision of municipal sanitary sewer or a conforming septic system h -r designed to handle the anticipated flows from such fixtures. Section 10.20 Subd. 3. Conditional Uses. O. Plumbing in Accessory Building. The provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing, and subject to the property owner executing a covenant providing that: Accessory building will not be used for a home occupation unless ^ • • specifically approved bv Citv.-t • r . bj, Accessory building will not be used as a dwelling unles s a guest house CUP is obtained. Accessory building will not be rented out as a dwell ing under anv circumstances. To: From: Date: ;0. B Ron Moorse, City Administrator Mayor Jabbour and Council Members Michael P. Gaffron June 6,1997 toI Subject: Policy Discussion - Plumbing In Accessory Structures Should Accessory Buildings Be Allowed Plumbing? The zoning code does not specifically prohibit plumbing in accessory buildings. Homeowners often wish to have plumbing in accessory buildings for typical single family residential uses such as potting sheds, yard maintenance equipment, workshops, art studios, home offices, washing cars, etc. as well as for other uses which require special permits (such as guest houses), or for uses which currently are not allowed in accessory buildings (such as home occupations). Because the incidence of plumbing in an accessory structure can lead to uses requiring special approval or which are not allowed, staff finds it difficult to respond to what seems like an ever- increasing number of requests for such plumbing, especially when it involves addition of a shower or toilet. In the past, the City has on a number of occasions forced the removal of plumbing from existing accessory buildings, allowing the homeowner to avoid paying a second sewer unit. This policy, when applied to new accessory buildings, suggests that such buildings should not have plumbing. Yet it may be perfectly reasonable to allow certain plumbing fixtures for certain residential uses, without such use constituting a second dwelling unit. Summary of Policy Issues 1. 2. 3. What plumbing fixtures should be allowed in an accessory building without Council review? At what level of plumbing does an accessory structure have the potential for secondary dwelling use or non-residential use? When is a restrictive covenant an appropriate alternative to a guest house CUP? Does Council wish to review/approve all restrictive covenant situations? 4.(Separate but related issue) Sewer unit assessment policy related to accessory buildings with plumbing. Plumbing in Accessory Structures June 6,1997 Page 2 Accessory Structure Not To Be Used As Dwelling Except By CUP Zoning Code Section 10.03 Subd. 11 states: "Dwelling Use Prohibited. No cellar, basement, tent, trailer or accessory building shall at any time be used as an occupied dwelling". An accessory building with the potential to be used as separate dwelling unit creates a potential violation situation. However, Code Section 10.20 Subd. 3 (G)(1) provides for one special circumstance under which an accessory building mav be used for dwelling purposes via a Conditional Use Pemit in residential zoning districts: "Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regitlar lot requirements shall be met by the guest house." What Constitutes a 'Separate Dwelling’? A primary issue for Building & Zoning staff is to determine whether or when a guest house CUP is required for a given accessory staicture project . This determination relies on a definition of what factors make an accessory structure a dwelling. The zoning code definition of'dwelling' is: "Dwelling - A building or one or more portions thereof designed or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms." The terms 'building', 'boardinghouse , 'motel' and 'hotel' are further defined in the zoning code. It is unfortunate, however, that the physical features that differentiate a building that is a dwelling from one that is not, are not defined. We then must turn to the Building Code, which indicates that a dwelling is characterized by containing facilities for "sleeping, eating, cooking and sanitation ." The building code also indicates a number of other features of a habitable dwelling: a separate closet, a kitchen sink, refrigeration, a cooking appliance, and plumbmg to include as a minimum a toilet, a tub or shower, and a lavatory. One could also argue that in Minnesota, a source of heat is also necessary during a portion of the year. Permanent Fixtures vs. Personal Property The next difficulty is that many of the physical objects which would reasonably and normally be used for the activities of'sleeping, eating, cooking and sanitation' are not fixtures, but can be Plumbing in Accessory Structures June 6,1997 Page 3 relatively mobile items of personal property rather than real property, i.e. a bed, perhaps a space heater, table/chairs, a microwave oven or even an electric or gas stove and a refrigerator. These 'portable' items can be brought into and removed from a building 'at will’ and, significantly, without the requirement of a building permit, hence using them to defme whether a building is or isn't potentially functional as a dwelling, is not practical. However, the function of sanitation generally requires permanent fixtures which are readily distinguishable from personal property, and which technically require that a building permit be issued. Toilets, showers, tubs and lavatories fall into this category. And, most heating equipment falls into this category. Presence or Absence of a 'Kitchen* For some time staff has considered that the presence or absence of a 'kitchen' is a key determinant of dwelling status. Also, staff has generally considered that a secondary kitchen within a dwelling is one of the key factors that can create an apartment unit, and has usually noted to the builder/owner via the plan review that use of the second kitchen for a separate dwelling unit requires City approval (guest apartment CUP). The problem here is that the only permanent fixture in a kitchen may be a kitchen sink, and a lavatory in a bathroom might serve the same function. Typical Accesssory Building Utility Amenities It is not uncommon for accessory buildings to be provided with electricity, not only for lighting but for many other purposes (lawn maintenance, workshop, etc.). A telephone jack might also be placed in an accessory building for convenience. Less common would be natural gas, except for heating purposes. Wate- piping might be common in an accessory building for someone who is a gardener, with a washtub or sink. A home workshop in an accessory buiiu. *^’''ht include a toilet and lavatory for convenience. Less common in an accessory building are a shower or bathtub, both of which also would piesumably be served by a water heater. Such a fixtures techmcally would require a permit from the City, and are perhaps the primary 'built-in' features most likely to make a building suitably functional as a stand-alone dwelling. In our society, where the majority of individuals tend to bathe on a regular basis, the absence of a shower or tub suggests a space that, even if Provided vvith other amenities, is not intended for anything more than short term use . Without a tub or shower, it is not livable. By the same token, without a toilet, it is not livable. Yet the presence of a shower stall in an unheated garage for seasonal or occasional use by the homeowner to remove the grime from a hard day 'in the coal mines ’, hardly would constitute a separate dwelling unit in itself. This suggests Plumbing in Accessory Structures June 6,1997 Page 4 that perhaps a shower or tub in combination with a toilet is necessary to comprise a functional, if not necessarily legal, dwelling unit... It may therefore be reasonable to define whether a structure or space is a (potential) dwelling unit by the presence or absence of a bathtub or shower in combination with a toilet. Restrictive Covenant: Alternative to CUP? Staff would welcome a clear policy statement on what fixtures can be allowed in an accessory building without requiring a Guest House CUP. The policy becomes more difficult to define now that the Council has in at least one case allowed an accessory building to contain a shower and a toilet, with a covenant filed in the title stating that the building may not be used as "an alternative living space, guest house, secondary residential unit, mother-in-law apartment, rental structure, or the like". It is staffs impression that Council has taken the position that even though an accessory structure has the amenities to be used as a second dwelling unit (i.e. it looks and smells and feels and tastes like a guest house), the determinant of whether it needs a CUP is the owner's intended use of the structure. And, if the owner does not intend to use it as a guest house even though it can easily function as one, a covenant filed in the title wherein the owner agrees to not use it as a dwelling presumably at least gives the City the right to sue for breach of covenant, if it is subsequently used as a dwelling unit. The covenant also notifies future owners of the property that dwelling use is not allowed. But such a covenant does not result in physical traits of the structure being created in a manner non- conducive to dwelling use. It effectively allows all the necessary physical features for a dwelling to be put into place, then assumes the homeowner and aP future homeowners will abide by the restrictions (similar to allowing the manufacture of cars can go 120 miles an hour when the speed limit is 55). 'Sewer Connection Charge' Policy Has Been Implemented Inconsistently This is a separate but related issue. Council action regarding sewer connection charges for properties with guest houses has been inconsistent when viewed over the past 10-15 years. In the past, where sewer was available, approval of a guest house CUP was accompanied by a requirement that a sewer unit connection charge be paid, regardless whether the property conformed to lot area requirements. However, in the recent (1994) Stoddard request for a Guest House CUP on sewered property in which the lot did not meet the 'double area' standard. Council chose to not require a connection charge, apparently on the theory that charging one would provide a future basis for the property owner to demand lot area and width variances for a future subdivision. A clear policy must be established to avoid future inconsistencies. Plumbing in Accessory Structures June 6,1997 Page 5 Policy Questions 1.>\'Tiat combination of fixtures or facilities is necessary to consider a structure as a potential guest house or accessory dwelling unit? 2.Given Council’s recent action to allow, via covenant, all the physical improvements which make an accessory structure functional as a dwelling, is it Council's intent that staff take into consideration the intent of the owner (not just the physical improvements to the building) when reviewing accessory building plans? 3.Does Council wish to review each individual case, or should staff determine whether a CUP or covenant is most appropriate for a given application, and let staff deal with the covenant situations? 4. Does Council wish to review the assessment policy for secondary dwelling units? Note that the current policy approved by Council in 1984 came into play in determining the number of units for the Bracketts Point sewer. Staff Recommeiidation Council is requested to review the policy issues and provide staff with direction. Optionally, this could be referred to Planning Commission, tabled for more information (specify) or discussed at a work session. . CITY OF ORONO 2750 Kallty Parkway, P.O. Boii M ‘ 'll • ■ f Crytlal Bay. MN ,55323 I • ^ « . . Phona (612)473-7337 * Fai'473i- »• * • .n*fn r.'J .-.•uC-;0310 Tht Planning Commission will hold'ii puoiic htarino in int Council Chambtri at 2780 Kaiity Parkway on Monday. July 20. 1W8 on tha mantr of proposed rtvislohs to Ofono Zoning Code SecUons 10.03 and 10.20 relating to the regulation of plumbing in accessory structures. . . • r- - - i • * t- ^ The meeung begins at 6:30 p.m;* All parses wishing to be heard will appear at this lime. Wnnen oomnWhis are solicited. A copy of ^e proposed revisions fs available In the City officeSjf^ review *. , City of Orono • * By:^ Planning Commission • •• • • Michael P. Galfron. Senior Planning Coordinator 4 1^8)^*^^ ^ a^O Pioneer July Affidavit of Pubiication state of Minnesota, County of Hennepin. % Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Minnesota, and has full knowledge of the facts which are stated below: 0 A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Prop. Revisions To Oro no Zoning Code which is attached was cut from the columns of said newspaper, and was printed and published once each week for ^ successive weeks: C r : \\\\ U 0 • t CVC'* It was first published Saturday the_4 ___rtaynf JuXv_______ 19-2J0L, and was thereafter printed and published every Saturday, to and including Saturday, Subscribed and sworn to me on this day nf7 July .199J. Notary Public KRISTI HOLM MOMMv ^u8l.c • urNNCson 0. s Sp I'.V my ccmvission expires (1) Lowest dallied Ste^paTd^y cbmrne?^ il»{n for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matten $12.90. (3) Rate adually charged for above matten S7.19 per inch. Each additional successive week: $5.14. § 10 .03 Subd. 7. One Building Per Lot. Except in the case of Planned Residential Developments as provided for more than one principal building shall be located on a o that staff may issue a permit to use a manufactured home that snaxx meet all required setback standards or an existing dwelling new principal structure is being constructed. Such permit shall e issued for a period of 3 months, any extensions must the City and shall expire upon issuance of a certificate or occupancy for the new structure and such structure removed. Source; Ordinance 26, 2nd Series Adopted: 7—14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. Subd. 9. Accessory Buildings. A. Time of Construction. No accesso.’-y building or structure shall be constructed on any lot prior to the time o construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the ”R” District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. In all ”R" Districts no will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory ” print area in excess of 1,000 square feet, except following non-roofed accessory structures which exceed 1,000 s.r. footprint area are not considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) 2. Oversized Accessory regulated by the following table: § 10.03 Structures are i Lot Area 0- 2.00- 3.01- 3.51- 4.01- 4.51- 5.01- 6.01- 7.01- 8.01- 9.01 1.99 3.00 3.50 4.00 4.50 5.00 6.00 7.00 8.00 9.00 acre acre acre acre acre acre acre acre acre acre acre or more Maximum Individual Accessory Structure Footprint Area 1.000 s.f. 1.200 s.f. 1.400 s.f. 1.600 s.f. 1.800 s.f. 2.000 s.f. 2.200 s.f. 2.400 s.f. 2.600 s.f. 2.800 s.f. 3.000 s.f. Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property 2.000 s.f. 2.400 s.f. 2.800 s.f. 3.200 s.f. 3.600 s.f. 4.000 s.f. 4.400 s.f. 4.800 s.f. 5.200 s.f. 5.600 s.f. 6.000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) B B I B I I I I I I 1 I I J 1 I H 1 ! I! 1 ♦ I * 1 1 i} J 1 ] ] 1 I 1 T 1 I J I HI § 10.03 ii. If the property^ is subdividedr the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted; 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted; 7-14-86 1. Location of Principal Building to No principal building shall be located closer than 75Lakeshore. ________ feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 ORONO CC 255-2 (4-1-84) 1 § 10.20 SEC. 10.20. R-lA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-IA" One Family Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-lA” One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any "R-IA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit; A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an ”R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes'for persons related to a religious function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R” District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA caunps, YWCA camps, church camps, or private non profit parks, playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100 feet of more from any abutting lot in an District, and accessory structures shall be a minimum of fifty feet from any lot line. ORONO CC 279 (4-1-84) § 10.20 D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, elevated tanks, lift stations and electrical power substation , provided no building shall be located within 50' from any lot of an abutting lot in an "R" District. Prior to granting sucn permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to e located and thus will promote the general welfare. Public service structures as defined above that have been approved by the city ar required public hearings for public improvement projects shall no require a conditional use permit but such structures shall ce subject to all other appropriate standards set forth in tnis section; amendments to approved plans involving design an /or placement of these structures will require written City to all affected property .owners 14 days prior to the adoption of the amended plans by the Council. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not oe located in a required yard area, and are subject further to the general zoning code requirements pertaining to accessory structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the pj^incipal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 G. Guest Houses & Non-rental Guest Apartments. 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 I i I \ ORONO CC 280 (4-1-84) § 10.20einir5 r Ifle:h:e>e:e it Dt De Ls le 3n ed he or be he ry iry :he Les Lng ihe tic nts res 84) Ii i J i U 'i d l! H J 1 2) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the^ sole use of the occupants of the principal residence, including thexr domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interxor access method. Such apartments shall not have utilities metere separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29, 2nd Series Adopted; 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32^ I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the dup ex^ is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of tne antenna structure. L. Farms (Crop and stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use ^e occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse, when the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be ad^usteo at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions or the City Code. ORONO CC 280-1 (4-1-84) !3 § 10.20 N. Stables and Barns - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. O. Stables and Barns - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision 18. Further, no such structure shall be located less than 150 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and O of this subdivision and no such instruction shall occur less than 100 feet from an adjacent re'sidence or less than 75 feet from the nearest lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 I I i I I I I I I I ORONO CC 280-2 (4-1-84) m flS m m M ■M M wpilOiJ li m m M M f S 10.20 M. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height or the antenna structure. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within any ”R-1A'' One ramily Residential District, no accessory structure or use of land shall be nermitted 'crpt for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any gainful occupation meetinq all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is /^^^s the street, no signs other than those permitted in R Districts are oresent, no excessive stock in trade is stored on the premises, over* the counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the ® the district in which it is located. A professional P®«^son may use his residence for consultation, emergency treatment o'? of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. O. Signs. Signs as regulated in the Zoning Chapter. Temporary Structures. Buildings temporarily located for ^ rposes of constructing on the premises for a perio not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roads de stand for sale only farm ^-oducts produced on the premises _ such stand does not exceed 200 square feet in area and that i - located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-94) I • s 10.20 H. Antenna. Any antenna or combination o£ antenna rigidly attached to the principal or accessory structure provided that none of the foregoing exceeds the total height allowed in Section 10.75. Source: Ordinance No. 177 Effective Date: 6-5-77 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. • • —» B. Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent to Street 1 acre 140 feet 35 feet 10 feet 30 feet 35 feet SEC. 10.21. R-lfl ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-IB" One Family Residential District is intended to provide a district which will allow denser residential development." Planned Residential Developments may be allowed by conditional use permits. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within the "R-lB" One Family Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the ”R-1A" District. Subd. 3. Conditional Uses. Within any ”R-1B'' One Family Residential District, no structure or land shall be used ' for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 4. Accessory Uses. Within any "R-lB" One Family Residential District, the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-IA" District. ORONO CC 282 (4-1-84) 1994 UNIFORM BUILDING CODE 20S-207 DISPENSING is the pouring or transferring of any material from a container, tank or similar vessel, whereby vapors, dusts, fiimes, mists or gases may be liberated to the atmosphere, DISPERSAL AREA, SAFE. See Section 1021.2. DR.AFT STOP is a material, device or construction installed to restrict the movement of air with in open spaces of concealed areas of building components such as crawl spaces, floor-ceiling as semblies. roof-ceiling assemblies and attics. DWELLING is any building or portion thereof which contains not more than tw o dwelling units. DWELLING UNIT is any building or ponion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or less persons. SECTION 206 — E EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room. ELECTRICAL CODE is the National Electrical Code promulgated by the National Fire Pro tection Association, as adopted by this jurisdiction. ELEVATOR CODE is the safety code for elevators, dumbwaiters, escalators and moving walks as adopted by this jurisdiction (see Appendix Chapter 30). E.MERGENCY CONTROL STATIO.N is an approved location on the premises of a Group H, f Division 6 Occupancy where signals from emergency equipment are received and which is continu- t all) staffed by trained personnel. F EXISTING BUILDINGS. See “building, existing.” EXIT. See Section 1001.2. EXIT COURT. See Section 1001.2. EXIT PASSAGEWAY. See Section 1001.2. SECTION 207 — F FABRICATION AREA (fab area) is an area within a Group H, Division 6 Occupancy in which there are processes involving hazardous production materials and may include ancillary rooms or areas such as dressing rooms and offices that arc directly related to the fab area processes. FAMILY is an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. FIRE ASSEMBLY. Sec Section 713.2. FIRE CODE is the Uniform Fire Code promulgated by the International Fire Code Institute, as adopted by this jurisdiction. FIRE RESISTANCE or FIRE-RESISTIVE CONSTRUCTION is construction to.rcsUt the spread of fire, details of which are specinedVn this code. FIRE-RETARDANT-TREATED WOOD is any wood product impregnated with chemicals by a pressi* • process or other means during manufacture, and which, when tested in accordance with U.B.C. Standard 8-1 for a period of 30 minutes, shall have a flame spread of not over 25 and show no evidence of progressive combustion. In addition, the flame front shall not progress more than 10*/2 feet (32(X) mm) beyond the center line of the burner at any time during the test. Materials which may be exposed to the weather shall pass the accelerated weathering test and be identified as Exterior type, in accordance with U.B.C. Standard 23-5. Where material is not directly exposed to rainfall but exposed to high humidity conditions, it shall be subjected to the hygroscopic test and identified as Interior Type A in accordance with U.B.C. Standard 23-5. 1-15 I ws: • (1)A««soo' Antennas shall be limited to radio s.TrntrSsin:ikr 5 •*. V ;• ?■ r PROPOSED CODE LANGUAGE ADDITIONS Section 10.03 Subd. 9. Accessory Buildings. F. Plumbing. The provision of outside sillcocks and indoor water supply xhall hg allowed in all accessory buildings. Becauae the provision of plumbing fixtures and wastewater olumhiny in accessory buildinys has the potential to allow such buildings to be used as dwelling units, plumbinp in accessory buildings shall be reyulated as follows: Proyision of any cnmhination of fixtures requiring wastewater pliimbiny that does not include a shower or hathniK shall be considered as an allovygd any accessory building subject to proyision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a coyenant providing that: St Accessory building will not be used for a home occupation unless specifically ^proved bv Citv. ■ Accessory building will not be used as a dwelling imless a guest house riTPisnhtaineH £* Accessory building will not be rented out , bartered 0.' exchanged for value, as a dwelling unit under any circumstances. Provision of anv combinations of fixtures requiring wastewater plumbing that does include a shower or bathtub shall he allowed only via a "yuest house" or "plumhiny in accessory huildiny" conditional use permit as reyutated in the rnniny code, and subject to provision of municipal sanitary sewer or a conforming septic system designed to handle the anticipated flows from such fixtures. Section 10 JO Subd. 3. Conditional Uses. O. Plumhiny in Accessory Ruildiny. The provision of a bathtub or shower in an accessory building. Approval shall he conditioned on provision of municipal sanitary sewer or a conforming sewaye treatment system de.signed lo handle the anticipated flows from the building plumhiny. and subject to the property owner executing a covenant providing that! ^ Accessory building will not be used for a home occupation unless specifically approved bv Citv. Accessory buildiny will not be used as a dwelling unless a piest house cm !s obtained. Accessory building will not be rented out . b3rt6r6d Cr exchang©d for value, as a dwelling under any circumstances. S 10.20 ' A •cenna%Sttuct^ stMcti^e wiMh ant^la or cBm^natioi sv»ordinate |o and f«vicin| tlw pri le l#t and|custoiiarVl-y iniideiltal Ip^ use pr ^ructujle lerev thac is\)ot aticach^ alotheft stru&ure ^ov^ed hd^gh^pf an^nna%tru(|ture nit e«eed 61 £eet^nd%the \Qtenia s^^t^e i^^s^bacl^fro lit l»e a flistan^^^ lea^^^l^ual tonlS^eiglr tenn^st rupture. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within any "R-IA" One Family Residential District, no accessory structure or use of land shall be permitted except for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in ”R” Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultu al uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-84) ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 ROLL The Orono Planning Commission met on the above date with the following members present; Chair Sandra Smith, Charles Schroeder, William Stoddard. Elizabeth Hawn, Dale Lindquist. Janice Berg. UN McMillan was absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger. Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:30 p m OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2389 DANIEL J. KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT, 6:31 p.m. - 6:32 p.m. The Applicant was not present. There were no public comments. Smith moved, Stoddard seconded, to table Application #2389 at the request of the Applicant. VOTE: Ayes 6, Nays 0. (#2) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCE, 6:33 p.m. -6:58 p.m. Mr. Rahn was present Van Zomeren stated this application was considered at the July 20.1998 meeting wherein the Planning Commission denied the application as submitted. The Applicant then brought the request to the City Council where they directed the Applicant to submit a revised plan to the Planning Commission for review. The Applicant is currently proposing to construct a 22 ’ by 24' garage that has storage below the parking level with access off the street. The revised plan calls for the structure to be 17.1' from the property line, which requires a street yard setback because the garage is less than 30 ’ from the street. If the structure were located to meet the street setback, it would encroach into the floodplain area of the lot, which Staff is not recommending. Van Zomeren stated the Applicant's hardcover is restricted to the amount that is 25 percent of the lot area in the 75 ’-250 ’. which allows the Applicant 1.978.25 square feet of hardcover. The Applicant is proposing, with the driveway and the 22 ’ by 24' garage, hardcover of 2,576 square feet or 32.55 percent, which is an increase of 7 5 percent over the allowed hardcover. Originally the Applicant was requesting 3,797 square feet of hardcover. Van Zomeren reported the building inspector has reviewed this property and has outlined his concerns on page five of the application. City Council has requested the Planning Commission review this modified application. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2390 DAVID RAHN, Continued) Chair Smith noted the City Council had originally directed that total hardcover be limited to 25 percent. Van Zomeren stated the Resolution calls for no new hardcover in the 0 ’-75' setback, with new hardcover in the 75‘-250 ’ setback to be reduced by the amount of hardcover in the 0 ’-75'. Van Zomeren reported the new City Council direction was to have the Planning Commission review the revised plan and to extend the time period an additional 60 days per the agreement of the Applicant. Van Zomeren noted Council Member Charles Kelley stated a two car garage is reasonable in Minnesota and he would be in favor of a 24’ by 24‘ garage with driveway and sidewalk. Goetlen stated garage plans need to be included in the overall lot plan. Lindquist commented he was at the previous City Council meeting where this was discussed and the overall feeling was that a two car garage should be allowed even if it exceeded the allowable hardcover. Lindquist stated the Applicant would not be able to construct a two-stall garage with a driveway if he was limited to the 657 square feet. Mr. Rahn commented if it was the City Council’s intention to limit his application to th“ 657 square feet, it should have been so stated at the meeting, but his understanding is that the City Council is attempting to accommodate a small garage Hawn commented the revised plan seems to be the best option available to the Applicant, noting the garage should have been included in the original plans for the lot. Hawn stated the Applicant is on record stating the 1.000 square feet is adequate for a garage, which cannot be met with a two-car garage. Hawn remarked she is uncomfortable approving this application because the hardcover situation was explained fully to the Applicant at the previous meetings. Rahn stated his original plans called for a garage that would not have needed a variance until the direction was given that hardcover in the 75'-250' zone would need to be reduced by the amount of hardcover in the 0-75' zone. Rahn noted he did agree to the 1.000 square feet at the City Council meeting. There were no public comments. Chair Smith stated she agrees with Hawn, and inquired whether a one-car garage would be adequate for this property as a possible option to reduce hardcover. Rahn stated he was not informed that the hardcover in the 75’-250* zone would need to be reduced until the last comment at the last City Council meeting. Chair Smith remarked when the application for the residence was originally considered, the garage was not included, so the Planning Commission did not have an opportunity to take that into consideration. Rahn commented he has stated all along that he intends to construct a garage in the future. Stoddard stated he is in favor of a garage, noting it may need to be down-sized somewhat in an effort to reduce hardcover. Schroeder noted Kelley stated in his view all people could use a garage of some type in Minnesota and would approve a garage for this property. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2390 DAVID RAHN, Continued) Berg stated a 22' by 22* garage is a minimum for a two-car garage. Rahn stated he owns a Suburban which requires a larger garage. Rahn questioned why the need to limit hardcover when he is located in a floodplain and the water runoff is filtered through the floodplain and does not go into the lake, Stoddard noted the residence is located in the 0-75 ’ setback. Lindquist commented this lot probably should not have been approved as a buildable lot in the first place since the majority of it lies in the floodplain, but since it has been approved as a buildable lot by a previous council, the Planning Commission needs to set standards for the Applicant. Lindquist stated he would be comfortable with a 22 ’ by 22 ’ garage, with the stipulation that no additional hardcover of any kind be allowed on this property. Rahn stated he would like a 22’ by 24’ garage to accommodate his Suburban, and inquired whether the apron could be removed instead. Lindquist stated he would not approve a 22’ by 24’ garage. Lindquist moved, Stoddard seconded, to approve Application #2390 allowing the Applicant to construct a 22' by 22* garage with a driveway as outlined in the revised plans for property located at 1385 Rest Point Road, subject to the stipulation that no additional hardcover of any kind will be allowed on this property, and the shed presently located on the property will be removed, and further subject to the conditions outlined in the August 10,1998 Planner's Report. VOTE: Ayes 4, Nays 2, Smith and Hawn opposed. SCHEDULED PUBLIC HEARING (#4) #2408 MIKE HILBEUNK ON BcHALF OF TED WOLF. 900 WILLOW DRIVE NORTH - LOT LINE REARRANGEMENT - 6:59 p.m. - 7:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mike Hilbelink and Ted Wolf were present. Vari Zomeren passed out information concerning back lot/front lot standards, noting there is some confusion after a discussion with the Applicant this afternoon surrounding accessory structure requirements. Van Zomeren slated in 1997 this property was platted into a two lot subdivision known as Wolfs Run. Lot 1 was platted as 4.02 acres and Lot 2 as 7.09 acres. 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 larger. The front lot would then become 2.96 acres and the back lot would be comprised of 8.15 acres. The outlet would remain as a s*»parate lot for access. Van Zomeren stated the front lot contains a barn that is approximately 20' x 30'. The RR-1B zoning district requires that setback for accessory structures be at least 50’ from any lot line. The proposed lot line arrangement places the barn 10’ from the new front lot line for the backlot. If the barn will be used to house animals, which it currently does not. the structure must be located 75 ’ from the rear lot. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2408 MIKE HILBELINK, Continued) Van Zome.^n stated if the barn is to remain for use as a garage or storage it should be classified as an accessoi structure which would not need a variance Keeping a horse on a property is regulated as a conditioi'"' "se and requires at least three acres of lot area Van Zomeren remarked she was under the impression the bam would be removed until this afternoon when the Applicant informed her that the bam would not be tom down Hilbelink stated they are not aware of how the bam will be utilized in the future, but Mr. Wolf is not contemplating housing a horse at the present time Mr. Wolf would like the option of being able to house animals in the barn in the future. There were no public comments. Schroeder inquired whether the lot line could be relocated to accommodate the rear lot setback, Chair Smith stated the stmcture needs to be 75 ’ from the lot line and 150' to the nearest residence, with a three acre minimum to keep a horse. Stoddard suggested the Applicant call it a garage and not have animals Wolf stated he is looking down the road and would like to keep his options open as far as housing animals. Chair Smith stated the Applicant could act on the application with the understanding that the bam will be classified as an accessory structure and will not be used to house animals or the lot line could be revised to meet the requirements. Hilbe'ink inquired if the adjoining property owner was agreeable to a variance to allow the bam to be used to house animats in the future, whether the application could be approved as submitted. Berg stated the Planning Commission needs to deal with what is currently existing on the property and to make it as conforming as possible. Hilbelink inquired whether a conditional use permit could be obtained for a horse. Van Zomeren stated this application was noticed as a lot line rearrangement and not as a conditional use permit for an accessory structure that might house an animal. Van Zomeren stated the distance from the north property line to the nearest adjacent property needs to be measured. Chair Smith stated the Planning Commission can only act on what has been presented at tonight ’s meeting, which would mean that the barn would not be able to house animals in the future, or the Applicant could request that the application be tabled to allow the Applicant time to submit revised plans. Van Zomeren stated she would be in favor of tabling the application to allow time to renotify the neighborhood about housing an animal. Chair Smith recommended tabling the applicat n to allow the Applicant time to submit a revised lot line to allow the barn to house animals in the future. Wolf inquired whether the Planning Commission could act on the matter if a 75 ’ setback is maintained. Page 4 .1 r ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2408 MIKE HiLBELlNK, Continued) Chair Smith stated the Planning Commission has to act on what is presented to them, but the Applicant could request that the application be tabled to allow time to submit revised plans. Van Zcmeren stated if the bam is to be used to house animals, the Planning Commission needs to know the exact lot lines that are being proposed. Schroeder stated to nouse horses a minimum of three acre* s needed. Van Zomeren stated since the barn has not housed animals for an extended period of time, the intent to house animals probably has been abandoned and a new conditional use permit would be required. Van Zomeren stated if a new house is constructed on the backlot, it must meet the required setbacks for that lot. noting the restriction for the barn falls on the lot that contains the barn. Smith moved. Schroeder seconded, to table Application #2408 for property located at 900 Willow Drive North to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS, CONTINUED (#3) #2395 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES. 7:20 p.m. - 7:45 p.m. Van Zomeren stated this application was considered at the July 20 Planning Commission meeting where the Applicants requested hardcover variances, a ten foot vacation of platted, unopened Bluff Street, and side yard adjacent to street setback variances. The Planning Commission had recommended denial of the vacation of Bluff Street and tabled the application to allow the Applicant time to submit revised plans. Van Zomeren reported the Applicant has submitted a new plan that shows access from the street and locates the garage closer to the house, approximately 130 feet from the street. The Applicant is proposing to construct a two-story 22* by 25 ’ garage. Van Zomeren stated she has spoken with Tom Kellogg, an engineer with Bonestroo, who has reviewed this plan. Kellogg has expressed concerns over the slope of the driveway, which would require a considerable amount of fill to obtain a grade of 8 percent. Van Zomeren stated the Planning Commission needs to consider whether this garage can be relocated to its proposed site, what grade the driveway should be at, how much fill will be allowed, how close the garage should be to the adjoining property line and existing house, and whether a variance to hardcover should be granted. Chair Smith stated this application involves issues that need to be addressed by an engineer, which the Planning Commission is not in a position to handle. Bentrott stated at the last meeting the Planning Commission had slated they would not be in favor of using the unopened street for access to the garage, which necessitated the need to relocate the garage. Bentrott remarked a structural engineer has viewed the property. Bentrott stated the adjacent properly should not be impacted by the additional fill since the elevation is much higher. Van Zomeren stated the engineer has also raised concerns about the distance available in the lot Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2395 BRENT BENTROTT, Continued) width to maintain an adequate bench of three to one for safety and mowing. Stoddard commented the steep embankment might require retaining walls, which would also increase hardcover. Lindquist stated this property will exceed the allowable hardcover in all three zones if the application is approved and will require variances in both the 75'-250' and 250'-500 ’ setbacks. Lindquist stated he would probably vote against this application with the proposed hardcover. Van Zomeren stated that the new hardcover numbers were not provided with the revised plan. Chair Smith stated the Planning Commission probably cannot act on this application without the new hardcover numbers. Stoddard stated the surveyor or Applicant should be notified by City Staff that hardcover needs to be calculated before the meeting. Mrs. Bentrott stated they would like to relocate the garage closer to the residence to allow elderly relation the ability to visit them year-round, noting they weren't aware they couldn ’t relocate the garage. Mr. Bentrott stated Bruce Vang, building inspector, has been out to view the property and followed his suggestions to utilize the platted, unopened street and to construct a new garage because in his view the existing garage was a hazard since they had to back out onto the street. Stoddard stated it has not been the philosphy of the Planning Commission to vacate or allow use of platted, unopened street for private driveways. Stoddard stated the Applicant will need to review the possible need for retaining walls, amount of fill, and new hardcover numbers, noting the Planning Commission cannot act on this application until those issues are addressed. Berg expressed concerns over the driveway being close to the neighboring house and the impact the noise and headlights would have on the adjoining property. Schroeder suggested tabling the application to allow the Bentrotts time to address these issues. Chair Smith stated she would prefer a plan without retaining walls if possible, and suggested the Applicant continue to work with City Staff on the hardcover and engineering issues. Mr. Bentrott stated ihey applied for the vacation to eliminate setback for the three-season porch. Hawn stated the vacation probably would not be approved. Mr. Bentrott stated in his opinion he has three options; 1) keep existing garage; 2) reconsider the application without the ten foot vacation of Bluff Street; and 3) proceed with the revised plan, which is the most costly. Hawn remarked in her view those options are not viable due to the increased hs ocover. Schroeder suggested tabling the matter, noting he is not prepared to give guidance on this application due to the engineering issues that need to be addressed. Stoddard suggested the Applicant continue to work with City Staff in an effort to resolve some of Page 6 r ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2395 BRENT BENTROTT, Continued) these issues. There were no public comments Schroeder moved, Lindquist seconded, to table Application #2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. NEW BUSINESS; PUBLIC HEARINGS (#5) #2391 EVAN ANDERSON. 1260 SPRUCE PLACE - VARIANCE, 7:46 p.m. - 8:05 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Anderson were present. Weinberger stated the Applicants are applying for an after-the-fact variance for hardcover to allow a patio to remain in the 0-75' distance from the lake, and a variance from allowed hardcover in the 75 ’- 250' lakeshore setback for a patio and the reconstruction of an old garage, which would require a variance from the side yard adjacent to street setback. The Applicants are proposing to construct a 24' x 20' garage to replace an existing 22.5* x 20' garage, which is 40.6 square feet larger. Weinberger stated a conditonal use permit is needed for retaining walls that have already been replaced on the property. An after-the-fact variance is needed to allow retaining walls and patio to remain in the 0-75' zone which are not depicted on a 1996 survey. Mr. Anderson stated the retaining walls have existed since 1978 and have been replaced. Weinberger stated the Applicant is proposing to maintain the total hardcover within the 0-75' lakeshore setback at 18.5 percent. The allowed hardcover in this zone is none, which would require a variance. A hardcover variance is also required for the 75'-250' distance from the lake. The Applicants are proposing to increase hardcover from 55.3 percent to 56 percent. The allowable hardcover for that zone is 25 percent. Anderson stated City Staff have been out to review his properly in the past, noting they were not aware the retaining walls were not depicted on the survey. Mrs. Anderson stated they have obtained many permits over the years for the work that has been completed on their property. Mrs. Anderson noted their properly is the principal watershed for that entire area and the retaining walls are necessary for the drainage. Chair Smith expressed concern that the retaining walls were not depicted on the survey. Stoddard stated he agrees with Staffs recommendations. There were no public comrrients. Stoddard remarked he would be in favor of granting the after-the-fact variances, but would like to limit the size of the garage to what is currently existing. Stoddard commented he has viewed the Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2391 EVAN ANDERSON. Continued) property. Anderson commented if the retaining walls were not present, the water runoff would go into his basement, and the improvements are necessary to keep the drainage out of his basement. Chair Smith inquired of the Applicants whether hardcover could be reduced. Anderson suggested the garage be moved further south into the driveway to eliminate some hardcover. Stoddard commented overall hardcover is a concern. Hawn noted structural coverage also exceeds the allowable limit. Stoddard suggested the Applicants construct a 22' x 22’ garage per Staffs recommendations and limit overall hardcover at 55.3 percent. Hawn questioned whether the patio that was replaced was increased in size. Anderson stated the patio was not increased, citing a need for the hardcover to prevent water runoff. Stoddard moved, Schroeder seconded, to approve Application 2391 for property located at 1260 Spruce Place, granting of a Conditional Use Permit, an after-the-fact variance to hardcover per Staffs recommendations to allow patio and existing hardcover in the 0-75' zone, construction of a 22* by 22' garage, doubling of the permit fees, approval of a variance to side yard adjacent to street setback to allow construction of garage five feet from lot line, limiting total hardcover in the 75'-250* zone to 55.3 percent, with the stipulation that no additional hardcover or structural variances will be granted in the future. VOTE: Ayes 4, Nays 2, Hawn and Smith opposed, noting disapproval of structural coverage. (#6) #2398 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT/LAND ALTERATION. 8:06 p.m. - 8:18 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Oberhauser, a representative of Wayzata Country Club, was present. Gaffron stated the Wayzata Country Club is requesting conditional use permit approval of a master plan for upgrading the course which includes reconstruction, relocation or addition of tees for holes #1-18: reconstruction, relocation and/or addition of bunkers along most fainvays and around most of the greens for holes #1-18; and expansion of three pond areas on the property, which are subject to City and MCWD/Corps of Engineers regulation and need to be further evaluated. Gaffron reported the Wayzata Country Club is proposing to widen the fairways, which will involve replacing of sod and minimal grading. Certain of the proposed tee locations will be near the road or Luce Line right-of-ways or residential lot lines. The Planning Commission may want to consider whether it would be appropriate to establish a minimum setback for tees from property boundaries based on the activity impact the tees would have on adjoining properties. Gaffron remarked the new bunkers are not an issue, but more detail will need to be provided before Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2398 WAYZATA COUNTRY CLUB, Continued) approval can be given to the expansion of three pond areas. Gaffron recommended the expansion of the pond areas not be incorporated into this application but rather be subject to completion of a separate conditional use permit approval process for each prior to construction. Staff recommends approval of a conditional use permit for the tee and bunker program as submitted with the conditions outlined above. Gaffron noted all people within 150 feet of every boundary around the entire golf course was notified of this project. Oberhauser stated the tees that will be closest to the residential lots will consist of championship tees, which see a minimal amount of play during the day and should have very low impact on the neighboring property. Oberhauser commented they would like to compiete the pond work over the winter months. Oberhauser requested the Planning Commission approve the tee and bunker portion of the application subject to submittal of additional information regarding the expansion of the pond areas to avoid the need for a new application on each pond. There were no public comments. Chair Smith inquired whether City Staff had any concerns regarding the location of the tees to the neighboring properties. Gaffron stated the tees are not located near any residences and are approximately 20 to 30 feet from the nearest lot line. Gaffron commented two people have reviewed the proposed plans. Oberhauser stated the Wayzata Country Club has received a few phone calls regarding the proposed plans but the residents realize the project will have little impact on their property. Oberhauser stated the greens, which are located five feet from the property line, experiences more traffic than the tees. Chair Smith inquired whether any input has been received from the DNR. Gaffron stated a letter has been received today and distributed copies to the Planning Commission. Gaffron recommended approval of the conditional use permit for the ponds subject to review by the Planning Commission and adoption of a second resolution at the City Council level. Stoddard stated he was comfortable with Staffs recommendations. Oberhauser stated the project should have no impact on the Luce Line. Chair Smith indicated she was comfortable with Staffs recommendations as well. Lindquist moved, Stoddard seconded, to approve Application #2398, Wayzata Country Club, 200 Wayzata Boulevard, for a conditional use permit for reconstruction, relocation or addition of tees and bunkers for holes #1-18, per Staffs recommendations as outlined in the August 13,1998 memorandum, conceptual approval of the expansion of the three pond areas, with the understanding the expansion of the pond areas will be subject to further approval by the Planning Commission, and further subject to the conditions outlined in the letter received from the DNR. VOTE: Ayes G, Nays 0. Gaffron noted a second resolution will be prepared for the expansion of the pond areas. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#7) 2399 MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCES, 8:18 p.m. -8:25 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mrs. Senn was present. Van Zomeren stated the Applicant is requesting hardcover and street yard setback variances to construct an addition to an existing residence to include a 16' x 22* garage and utility room. The Applicant has been asked to provide a current survey with updated, accurate hardcover information. Van Zomeren requested the Planning Commission provide direction on what amount of hardcover will be allowed, how close the encroachment to the front setback can be. and whether an addition to the house will be allowed. Senn stated she purchased the property 25 years ago. noting the stipulations regarding hardcover and setbacks were not present on the property when it was originally purchased, Senn commented the lot has a unique configuration as well as problems with continuing erosion. Senn requested she be allowed to construct a new garage on the property. Schroeder suggested the Applicant submit an application based on the ordinances, noting the property is a difficult piece of land to work with. Senn remarked she has contacted a surveyor but has had poor response. Lindquist inquired how much acreage this lot consists of. Senn stated the tot is one acre. Van Zomeren stated a rough estimate for the hardcover is 2.200 square feet. Van Zomeren requested the Planning Commission give guidance on what a reasonable setback from the county right-of-way would be. Berg commented the Applicant will need to submit a proposal before the Planning Commission can act on her application. Lindquist stated the Applicant will need to obtain an updated survey and plan for what is acceptable to the City of Orono. Schroeder suggested the Applicant start with 1,500 square feet and attempt to minimize the setbacks. There were no public comments. Smith moved, Schroeder seconded, to table Application #2399, Muriel Senn, 4448 North Shore Drive, to allow the Applicant time to submit a proposal. VOTE: Ayes 6, Nays 0. (#8) #2401, THOMAS AND MARGARET RADKE, 3424 EAST LAKE STREET - VARIANCES, 8:25 p.m. - 8:26 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. Lindquist stated the Applicant was unable to stay until this matter was heard tonight and requested that the application be tabled. Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2401 THOMAS RADKE, Continued) Schroeder moved, Smith seconded, to table Application #2401, Thomas and Margaret Radke, 3424 East Lake Street. VOTE: Ayes 6, Nays 0. (#9) #2402, GLENN SAUER, 4104 HIGHWOOD ROAD - VARIANCE, 8:27 p.m. - 8:40 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Sauer was present. Weinberger stated the Applicant is proposing to construct a new 22' x 28 ’ two-stall garage to replace an existing 22' x 15' garage that was damaged by a storm this spring. Weinberger stated the insurance company will only pay for replacement of the garage. A variance to hardcover in the 75 ’-250' zone is needed. The Applicant is proposing to remove a 178 square foot storage shed subject to the new ga.age being built Sauer had no comments. There were no public comments. Hawn moved, Lindquist seconded, to approve Application #2402,4104 Highwood Road, granting of a variance to hardcover in the 75'-250' zone which will remain at 48.4 percent, a variance to allow an accessory structure to be within the front yard setback, a variance to allow an accessory structure to be located approximately three feet closer to the road than the principal structure, and removal of a 178 square foot storage shed that currently exists on the property after construction of the garage. VOTE; Ayes 6, Nays 0. (#10) #2403 TERRY CLARK. 1575 LONG LAKE BOULEVARD - VARIANCES, 8:41 p.m. - 9:06 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ms. Clark was present along with her architect Neil Weber and Tom Terry. Van Zomeren stated this Applicant is proposing to build an addition on the existing residence to add more living space, bedrooms, and a bath, which will require a variance to encroach into the 50* street yard setback and to add hardcover in the 0-75' setback. In addition, a variance is needed to the lakeshore setback and a conditional use permit to change the grade in the 0-75' setback to allow a walkout patio addition on the lakeside. The property is in the LR-1A zoning district, which has a minimum of two acres, with this lot consisting of .72 acres. The residence sustained damage from a tree falling on the roof so is in need of repair. Van Zomeren remarked 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 The subject lot does not meet the minimum lot area requirements due to the shallowness of the lot and would not be considered a buildable lot under current zoning standards. The Applicant is proposing to increase hardcover in the 0-75 ’ zone by 7 percent for a total of 2,704 square feet. In the 75'-250' zone, there will be a modest increase for a total of 8.37 percent or 942.82 square feet. The proposed addition would not encroach any closer to the lake than the existing residence. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2403 TERRY CLARK, Continued) Van Zomeren stated residences under two acres located in the LR-1A zoning district are allowed 15 percent structural hardcover or 1.500 square feet, which they currently exceed. There were no public comments. Weber stated they have gone through a similar analysis that Van Zomeren has just recited and arrived at the conclusion that the addition should be built on the flattest part of the site so it would not encroach any closer to the lake or encroach into the bluff area. Weber commented the proposed addition is designed to increase living space, and noted the Applicant gave an easement to the City for a lift station last year. Weber stated the previous variances were requested by the prior owner. Chair Smith stated she has reviewed the property, and inquired whether the addition could be added to the rear of the residence. (Charles Schoeder leaves at 8:55 p m.) Van Zomeren commented the street setback is 50 ’. Clark stated there is a very steep grade behind the house up to the garage. Stoddard remarked the Planning Commission needs more information concerning encroachment into the bluff area to determine the impact this proposed addition would have on the bluff. Van Zomeren stated there is a 30 ’ setback to the top of the bluff, noting the proposed addition is fonward of the bluff. City Staff has a concern with grading or land alteration in the 0-75 ’ zone as it relates to the bluff. Van Zomeren remarked the previous resolution granted total hardcover in the amount of 2,652 square feet, with this application proposing 2.734 square feet in total hardcover. There were no public comments. Chair Smith inquired whether the Applicant was familiar with Staffs recommendations and their concerns that this addition will have on the l<.keshore. Lindquist stated the Planning Commission has concerns about adding hardcover in the 0-75 ’ setback, and inquired whether the Applicant will be proposing to add a garage in the future. Clark stated she would like to keep the addition away from the bluff as much as possible. Weber commented they are trying to keep the addition as simple as possible, noting the former applicant proposed to completely remodel the existing residence. Chair Smith indicated the Planning Commission has a concern about the impact in the 0-75 ’ setback, noting the majority of the residence lies within th.at zone. Chair Smith inquired whether the addition could be reduced at all or whether the Applicant could go up with the addition. Hawn inquired whether the addition could be added to the other side. Weber stated that particular site was chosen due tc the flatness of the land and to lessen the impact on the lake and bluff. Weber indicated they understand the City’s policies, noting that variances aie granted for compelling reasons. Lindquist stated the impact to the lake is the higher priority in his opinion and would be hard pressed Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2403 TERRY CLARK. Continued) to approve an addition in the 0-75' setback. Chair Smith staled the impact to the lake and bluff areas are both high priorities of the Planning Commission, and suggested the Applicant look at reducing and moving the addition to lessen the impact on the 0-75’ setback. Stoddard stated he agreed with Chair Smith. The Applicant's contractor stated that what the Applicant was proposing was reasonable, noting the current residence has no basement. Chair Smith stated this was a very special property, and recommended tabling the matter to allow the Applicant time to submit revised plans. Stoddard commented it probably wouldn't pass as currently proposed. The Applicant ’s contractor requested the matter be tabled. Smith moved, Stoddard seconded, to table Application #2403,1575 Long Lake Boulevard, to allow the Applicant time to submit revised plans. VOTE: Ayes 5, Nays 0. (#11) 2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BOULEVARD - COMMERCIAL SITE PLAN REVIEWA/ARIANCES, 9:07 p.m. - 9:33 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Rod Johnson, representative of Otten Brothers, was present. Gaffron stated the Applicant is requesting approval of a commercial site plan for construction of a 132’ X 144 ’ greenhouse addition at the east end of the main building and will be utilized for virtually the same retail sales function as currently exists in the main building but will provide for a more controlled environment. Gaffron commented there currently is no standard in the B-6 zoning district for structural coverage. (Charles Schroeder returns at 9:12 p.m ). Gaffron stated the proposed greenhouse addition meets the height and setback requirements, and will have low impact to drainage. This addition will not require additional parking or signage and the proposed design of the greenhouse is compatible with the existing structure. Gaffron stated a retaining wall was erected to serve as a loading dock in Outlet C, and cited concerns this retaining wall/loading dock would have on the neighboring residential property. City Staff recommends that the retaining wall/loading dock be moved back. Gaffron stated the present zoning code requires that any change to the approved final PUD development plan be processed as an amendment of the final development plan followed by a resolution that amends the conditions of the PUD agreement. Gaffron remarked Staff has received a letter from an adjoining properly owner who has expressed concerns about the current landscaping at the rear of the property. Currently there is a berm located Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2404 OTTEN BROTHERS NURSERY. Continued) at the rear of the property with pine trees on top. with the area needing to be cleaned up somewhat. Staff recommends the Planning Commission approve the amendment to the PUD agreement, denial of the proposed location of the loading dock with relocation to Lot 2. approve location of the canopy, and address the concerns of the neighbor. Johnson stated Otten Brothers are proposing to construct the greenhouse to maintain quality materials throughout the year. Johnson commented the photographs do not depict the garbage dump that is referenced in the letter, but indicated a willingness to work with the adjoining property owners in an effort to add more screening, noting that Otten Brothers have complied with what was required of them as far as landscaping and screening. Lindquist stated he was not in favor of a retaining wall/loading dock located in Outlot C. Chair Smith indicated she would go along with Staffs recommendations Lindquist noted the light posts located at the Highway 12 entrance must meet a five foot setback from the right-of-way. Joel Walvatne. 710 Dickey Lake Drive, commented he owns the property to the north and in his opinion feels the required landscaping does not meet the original requirements. Lindquist inquired where Walvatne would like the additional screening. Walvatne stated he was promised more trees which have not been planted. Johnson remarked Otten Brothers is open to more screening to accommodate the concerns of the neighbors. Lindquist commented both parties need to be cooperative. Walvatne remarked it was the original intent that the roadway would be used as an additional buffer and nothing be located there. Chair Smith indicated that was the Planning ComuMssion’s consensus as well. Schroeder moved, Smith seconded, to approve Application #2404, Otten Brothers Nursery, 2350 West Wayzata Boulevard, per Staffs recommendations as outlined in the August 14,1998 memorandum, and directed Otten Brothers to cooperate with the neighbors In an attempt to provide acceptable screening to both parties. VOTE: Ayes 6, Nays 0. (#12) 2405 GEORGE KALWEIT, 4265 FOREST LAKE DRIVE - VARIANCES, 9:33 p.m. - 9:42 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kalweit was present. Weinberger commented the Applicants are proposing to reconstruct a deck that was severely damaged by a tree in late spring as a result of a storm. The new proposal is to increase the size of Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2405 GEORGE KALWEIT, Continued) the three season screen porch from 20' x 8' to 24' x 10'. 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. Weinberger recommended tabling the matter to allow the Applicants time to submit an updated survey and new hardcover calculations for the 0-75' lakeshore setback and 75'-250' lakeshore setback, reflecting all changes on the property. Mrs. Kalweit commented the original decks and screen porch were built before the 0-75' setback regulations went into effect and were grandfathered in. Mrs. Kalweit indicated they are requesting an extension of one foot to the deck. Lindquist indicated the Planning Commission needs to have an updated survey of what is currently existing on the property before any action can be taken on this application. Berg commented the new survey should also include what is being proposed Mrs. Kalweit indicated they have attempted to contact a surveyor but their phone calls were not returned until late afternoon today. There were no public comments. Lindquist moved. Berg seconded, to table Application #2405, George Kalweit, 4265 Forest Lake Drive to allow the Applicants time to submit an updated survey and new hardcover numbers. VOTE: Ayes 6, Nays 0. (#13) #2406 GERALD AND SANDRA ERICKSON HAVING AN INTEREST IN 2683 CASCO POINT ROAD - VARIANCES, 9:43 p.m. - 9:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted Mr. Larson was present. Weinberger pointed out the name on the survey is incorrect and should read Gerald and Sandra Erickson. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the property to build a new residence with attached garage. The Applicants wish to keep the existing boat house with stairs along the lakeshore during construction, which requires a variance to allow an accessory structure to remain on the property without a principal structure. The Applicants are requesting 3,975 square feet or 29.5 percent of hardcover in the 75'-250' lakeshore setback and to exceed allowable structural coverage by 42.5 square feet. Staff recommends approval of the variance to allow for an accessory structure to remain on the property without a principal structure. Schroeder inquired why approval of the variance for the boathouse is being recommended. Weinberger stated the boat house is not in need of repair and is an asset to the property. Van Zomeren stated the Applicant called City Offices this afternoon from Madison and indicated she Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2406 GERALD ERICKSON. Continued) was in the process of straightening out the name on the survey. Chair Smith indicated she was comfortable with Staffs recommendations. Lindquist stated the proposed new structure could meet alt the requirements for structural coverage and hardcover without the need for variances. Hawn agreed. There were no public comments. Larson indicated the plumbing fixtures in the boat house will be removed by the next meeting, and requested the Planning Commission consider hardcover in excess of 25 percent. Lindquist commented the hardcover limit should remain at 25 percent and would vote against any plan requesting hardcover in addition to the 25 percent limit. Chair Smith indicated the allowable hardcover in the 75’-250 ’ setback is 25 percent. Hawn pointed out structural is 15 percent. Larson inquired whether a new plan should be submitted for consideration. Stoddard commented the revised plan could be submitted to the City Council. Schroeder moved, Stoddard seconded, to approve Application #2406, 2683 Casco Point Road, granting of a variance to allow an accessory structure to remain on the property without a principal structure during the construction phase, removal of the existing residence and detached garage, with the newly constructed residence not to exceed 25 percent total hardcover in the 75’-250 ’ setback or 15 percent total structure hardcover. VOTE: Ayes 6, Nays 0. (#14) 2407 LANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE - VARIANCES, 9:53 p.m. - 9:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Moore were present. Weinberger remarked the Applicants are proposing to construct a 16' x 22' garage three feet from the lot line which would require a variance to the side yard setback for an accessory structure where the required minimum is 10 feet. The proposed location is necessary in order for the Applicants to meet the total hardcover limit of 35 percent. Staff recommends approval of the application. Stoddard inquired whether the Applicants still intended to remove a planter in order to reduce the hardcover. Mr. Moore indicated yes, they were. Stoddard indicated he would not be opposed to leaving the planter there. Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2407 LANE MOORE, Continued) Lindquist noted the Applicants were just requesting a variance to the side yard setback and not to hardcover. Mrs. Moore stated they will be removing an existing shed and share the driveway with the neighbor to the front. Weinberger indicated the size of the planter is 88 square feet. There were no public comments. Stoddard moved, Schroeder seconded, to approve Application #2407, 3438 Livingston Avenue, the granting of a variance to the side yard setback requirements to allow construction of a 16* X 22' garage located three feet from the side lot line and to permit the 88 square foot planter currently existing on the property. VOTE: Ayes 6, Nays 0. (#15) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE, 9:58 p.m. - 10:02 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Tuttle were present. Weinberger remarked the Applicants are proposing to construct a 12' x 24' shed to provide winter storage for lawn furniture and other equipment. The property contains a wetland located at the back portion of the property which restricts the Applicants from building on that part of the lot. The house is constructed without a basement due to the high water le ^ el which leaves the residence without adequate storage on the property. Weinberger stated present hardcover in the 75'-250* lakeshore setback is 45.6 percent and this application proposes to increase hardcover to 46.4 percent. Staff recommends approval based on the existing hardship. There were no public comments. Chair Smith inquired why the Applicants didn't add on to the existing garage. Mrs. Tuttle indicated they had the understanding they were prohibited from doing so. Stoddard moved, Hawn seconded, to approve Application #2409,1225 Shoreline Drive, granting of a variance to hardcover in the 75'-250' lakeshore setback to allow the construction of a 12* x 14' shed. VOTE: Ayes G, Nays 0. (#16) #2410 PETER BOYNTON. 1973 EAGERNESS POINT ROAD - VARIANCES, 10:03 p.m. - 10:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Boynton was present. Page 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 <#2410 PETER BOYNTON, Continued) Van Zomeren stated the Applicants are requesting variances for street, hardcover and average lakeshore setback. A conditional use permit is also required because the Applicant is proposing to significantly change the grade in the 0-75 ’ setback, which was originally not requested by the Applicant nor included in the legal notification. There are multiple issues with this application that still need to be addressed before any recommendation can be made by City Staff. Boynton stated originally the house was built as a cottage back in 1920, has a hand dug basement, and needs to be torn down. The request for variances to setback are being sought because the house cannot be built without them. Boynton requested the Planning Commission give guidance on what hardcover and setbacks would be acceptable. Schroeder inquired if the house was torn down and a new structure built, how would the application be handled. Van Zomeren stated if the house is recons'ructed, the lo* would be treated as a vacant lot and would need to meet all the requirements for that lot. Schroeder suggested the Applicant design a house that conforms to all the variances. Boynton stated in his opinion the land is unbuildable without variances. Stoddard stated he would like a footprint for the house that doesn ’t call for variances. Boynton commented he could possibly utilize the existing foundation, noting in 1978 an addition to the house was constructed with a good foundation, which comprises approximately one-third of the foundation. Gaffron stated once a house is torn down, any grandfather rights are forfeited. Chair Smith questioned whether the Planning Commission could act on this application at the present time. Van Zomeren remarked typically the Planning Commission does not approve of grading in the 0-75 ’ setback with no additional structure In the 0-75 ’ setback. Chair Smith asked for public comment on t^^'S application. Cathy Lee, 1965 Eagerness Point Road, stated she was under the impression the house has to be moved back, noting she would prefer the house on the existing footprint to keep the house in line with the rest of the houses on the road. Van Zomeren commented Staff needs more information on the adjoining properties as well as a new survey which outlines the proposed structure and hardcover. Lindquist suggested the Applicant try to limit the house to 1.500 square feet and 25 percent total hardcover. Cathy Lee remarked the area is on a pennisula and moving the house back would not affect drainage into the lake. Lindquist moved, Smith seconded, to table Application #2410,1973 Fagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. Page 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 ZONING AMENDMENT (#17) CITY OF ORONO, INTERIM USE ORDINANCE, ZONING CODE AMENDMENT, RE: THE ESTABLISHMENT OF STANDARDS FOR TEMPORARY USES Chair Smith stated the Planning Commission is reviewing a proposed interim use ordinance that was discussed last week in a work session. Gaffron commented a public hearing has been scheduled on this ordinance. After a discussion with Tom Barrett, City Attorney, he recommended the ordinance be redrafted to include as a requirement a list of possible interim uses to respond to an unlimited range of potentially unfriendly uses. Hawn suggested the interim use ordinance be confined to a specific geographical area. Gaffron reported Barrett thought that was a good idea, noting that development of the Highway 12 corridor has brought this ordinance about. Chair Smith opened the matter up for public comment. Schroeder questioned the need for such an ordinance and whether the property owner could conduct an interim use on his property through some other means. Gaffron stated any interim use needs to go through the conditional use permit process. Chair Smith questioned whether the need to develop a list was necessary. Lindquist commented he could live with the ordinance as presently drafted without a list. Hawn stated she would like the ordinance to be confined to a specific geographical area to limit the impact on residential areas, noting the City Council has the ability to say yes or no to the interim use. Lindquist suggested limiting it to the Highway 12 corridor. Gaffron remarked he will redraft the proposed interim use ordinance without a list and limit it to the Highway 12 corridor. Lindquist moved. Smith seconded, to accept the Interim Use Ordinance subject to the incorporation of language limiting interim uses to the Highway 12 industrial corridor. VOTE: Ayes 6, Nays 0. (#18) CITY OF ORONO, INDUSTRIAL DISTRICT, ZONING CODE AMENDMENT, TO REVISE THE USE LIST Chair Smith noted this item was also discussed at the August 14th work session where it was decided not to pursue revision of the use list. Mayor Jabbour had indicated there was not a consensus among the City Council on how to proceed on this matter. Lindquist inquired when the moratorium expires. Van Zometen slated the moratorium expires around September 13 Page 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (CITY OF ORONO, INDUSTRIAL DISTRICT, Continued) Lindquist stated he was not ready to act on the zoning code amendment tonight. Stoddard recommended tabling the item. Chair Smith asked for public comments. Chuck, Representative of Flamingo Wire, stated he has gone through the proposed changes. Chair Smith indicated the City is interested in helping out businesses in that area and should meet jointly with the City Council. Hawn moved, Lindquist seconded, to table the item to a joint work session with the City Administrator, City Staff, City Council, and Planning Commission. VOTE: Ayes 6, Nays 0. PLANNING COMMISSION COMMENTS (#19) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JULY 27,1998 AND AUGUST 10,1998 Lindquist stated he had nothing to report from the July 27.1998 meeting. Hawn stated she had nothing to report from the August 10.1998 meeting. (#20) OTHER ISSUES FOR DISCUSSION None (#21) PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 20,1998 Lindquist moved, Schroeder ser-.nded, to approve the minutes of the July 20,1998 Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. (#22) SELECTION OF REPRESENTATIVES OF CITY COUNCIL MEETINGS ON AUGUST 24, 1998 AND SEPTEMBER 14,1998 August 24 - Smith September 14 - Berg ADJOURNMENT Stoddard moved, Lindquist seconded, to adjourn at 11:22 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith. Chair Person Page 20