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HomeMy WebLinkAbout07-18-1994 Planning PacketPLAMHZMO COMMISSION COUNCIL FTOMC ^TTBHPAHCI ITINO DATS 7 If^h4 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. fas« print)ADDRESS PRESENT FOR (froB aganda) MANE OR NUMBER VL//^ u.> \ iQi^cij U^i /^A^fc lYWv. t>T Lwm STin'/!e'ri^ /jK^/ ! Uc-T Lie A06 . > iVi,/ ^ i A A f9._E:uj^ 10. 11 • 12 . J>^ K/tir- 14. . ot ^ t-\\ 1 La. 16./ tt< .>- ^ 17. 18. 19. 20. t LS^ / ?!^ /^/'/^ •V t £u: S2 p S>^5 oi^a^>-'l i°4 X a i f- w du §ou •S 5 ► *0I ^1 “2 § *2 S M o=1 .2 1. S) o* *3 ^1-^c35 II V * £ g ili»is «• o •S|(3 2II wS " §^illg<§.3 H 0 1 u a» 15 w 2 Hg 35 I *o %< S a o& l>a: *o t: 2 5 U 8 > we •ri a2 s'o Q •^o O' O O U u C Q«>s CO §o M JO Iii. -2 In s^Sm **-:j.« 3i2 —• *w O y <C S D 1g w ao U o g >. u: VO «r • ri 'VI . I y 2 jj a#«c fn s ?s Cl. rt2 i •* w> r. 2 S2 J|5 -Sfi 11 r .* X y 3 VJ o C ? 2 ti U1 I ?f 05 I f 03 i tf X u c VI i?> ?* an u ou. o I o t! 2 *« o.u< V a > I us Q 3 (iIin I I "3 or> -I d 2 <0> 2 3 1/3 c 3ck: aacu to "3 .J «nj». n ■5 10 I Ji. 5 ’, 0 S.s•« •3 1u I V a u u eo 5 ! I u Mle 2n X. (J » }i II M 3 0 K. r* to 1 « H I no < 2 I O t« a 3 ^ ^ S! I Io _ I §•—m ss I o s ■a 0 .2 s 5 Bo. rt 0g r;yll c* ? .ri ro •0 M l' TO:Orono Planning Commission Members Ron Moorsc. City Administrator I FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:Julv 12, 1994 SUBJECT:#1938 Douglas and Karen Olson. 537 Park Une ■ Variances - Con.inua.ion of Public Hearing - Review of .Amended Application Pertinent Ordinances Section 10.24, Subd. 5(B) - Street setback Required = 35’ . Existing = 13’ (from traveled road 42 ) Original proposal = 16’ .Amended proposal = 6’ (42’ from traveled road) Variance = 29’ or 83% Section 10.22. Subd. 2 - Review of hardcover 75-250’ setback area = 11.397 s.f. Allowed = 2.849 s.f. or 25% Existing = 1.691.38 s.f. or 14.8% Original proposal = 3.385 s.f. or -9.7/<j Amended proposal = 3.020 s.f. or 26.4/c Variance = 171 s.f. or 1.5% Section 10.56. Subd. 16(C-2) Bluff setback variance Required = 30’ Deck = 8’ Principal structure = 10’ Section 10.03. Subd. 14(C) Lot coverage Total lot area = 19,026 s.f. Proposed = 2,491 s.f. or 13% Section 10.24, Subd. 5(B) A.Lot area Required = 43,560 s.f. Existing = 19,026 s.f. Variance = 24,534 s.f. or 56.3% B Lot width Required Existing Variance 140’ 100’ 40’ or 28,5% Zoning File #1938 July 12, 1994 Page 2 List of Exhibits A - Amended Hardcover Facts B - Amended Site Plan Review of Application At your June 20th meeting, the application was tabled providing applicant additional time to revise plan per directives of the Planning Commission. The Planning Commission recommended that the garage addition could be located as close as 6 ’ from the street line (42 ’ from traveled road) and thal all improvements must meet the 10 ’ setback from the top of the bluff detmed at the 982 elevation. Hardcover within the 0-75 ’ setback was to remain at 1.8% as proposed^by applicant in his original plan. Hardcover within the 75-250 ’ area originally proposed at 3,385 s.f. or 29.7% was to be reduced to between 26 and 27%. Review of Amended Proposal Structure has been moved closer to street. The comer of the garage is located 6 trom the street lot line. Principal structure is located at a minimum 10 ’ from the top of the bluff. The deck at the southeast comer of the residence is located 8’ from the top of the bluff. Issues for Consideration 1. Should the portion of the deck at the extreme southeast comer be adjusted to meet the 10 ’ setback. In order to create positive drainage to street, applicant will have to complete certain alterations within the bluff impact zone but this need not involve the alteration of the mp of the bluff and can be completed within the 10 ’ corridor required by Planning Commission at the June meeting. a.Other issues raised by Planning Commission. Options of Action To deny. Members should refer to the necessary fmdings set forth in Section 10.08, Subd. 3(A 1-12); or Approval as proposed or amended. Condition of approval should consider the followmg conditions: I. All existing hardcover improvements scheduled tor removal must be completed prior to the footing inspection for the new coiismiction. 1 Zoning File #1938 July 12, 1994 Page 3 K I tir • A L 3. 4. Construction of the lakeshore access stair shall be subject to the standards set forth in Section 10.56, Subd. 6. Stair strucmres within lakeshore yards require a building permit. All construction and land alterations on this property that contains severe slopes and bluff areas shall be subject to pertinent sections of Section 10.56 that deals with vegetation removal and erosion control. Applicant shall provide detailed grading and drainage plans defining how drainage is to be directed towards street. No alteration of the top of the bluff will be allowed. All drainage improvements (swale) must be installed within 10 ’ setback area. Prior to any land alteration or building construction, the top of the bluff (982’) shall be designated with snow fencing or other suitable fencing - no land alterations will be approved beyond that line. Erosion control shall also be installed prior to any land alteration on this property. I Ttii-iArMn iI 1 . r • • • 1 9 7 i^uA Ic =252>//0 . io.i^ '^'A. <f '' • • kuao - J4Sl ,.cjO'‘^<-' 7^ ,j^ - <^yo c/$^= e!h uux^^!)^-/CO i)eC(t -^17' lo^o' /!,S97^<A %.S^, '^O^C / lirt < lit I,____jfc.^ ,^h.. r r TO:Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth. Building & Zoning Administrator DATE: July 15, 19^ SUBJECT: #1941 L^*** aiKl Wanda Fischbach. 3135 North Shore Drive - Variances Continuation of Public Hearing All property owners within 150’ of subject property have been notified of rescheduled public hearing. Pertinent Ordinances Section 10.22, Subd. 1(A) - Lakeshore setback variances, refer to Exhibits I and K A. Existing improvements . , , ^ kv Existing principal structure (upper level enclosed porch) = 30 ± Existing grade level deck = 25’± Upper level 3 ’ baloney = 27’± Gravel area underlain with plastic = 20’ ± Proposed improvements Two story addition = 21 ’ Upper level 3 ’ baloney = 18 ’ Variance for principal structure addition = 54’ or 72% Variance for upper level baloney = 57’ or 76% B. Note no landscape areas underlain with plastic nor grade level decks are proposed within 0-75’ setback area. Section 10.22, Subd. 2 - Review of hardcover variances . c f ^ A. 0-75’ setback area = 23,175 s.f. (In 1986 review was shown at 31,300 s.t.) Allowed = 0 Existing = 3,694 s.f. or 15.93% Proposed = 3,327 s.t. or 14.35% Hardcover reduction = 367 s.f. or 1.58% B 75-250’ setback area = 11,755 s.f. (In 1986 review shown as 13,300 s.f.) Adjusted area = 10,425 s.f.*‘ Allowed = 2,607 s.f. or 25% Existing = 5,131 s.f. or 49.2%*^ Proposed = 3,242 s.f. or 31.1% Hardcover reduction = 1,889 s.f. or 18.1% Deduction of easement area Adjustment of hardcover improvements within easement area > r Zoning File #1941 July 15. 1994 Page 2 Section 10.03, Subd. 14(C) - Review of lot coverage Total area = 33,600 s.f. Allowed = 5,040 s.f. or 15% Existing = 4.416 s.f. or 14.2% Proposed = 5,055 s.f. or 15.04% Variance = 15 s.f. or .04% Increase of structural coverage within 0-75’ setback area = 607 s.f. (298 s.f. for two story addition and 309 s.f. for proposed upper level decks) Increase in structural coverage within 75-250’ setback area = 436 s.f. List of Exhibits A - Application B - Applicants ’ Addendum C - Plat Map D - Property Owners List E - Neighbor ’s Acknowledgment Form F - Aerial Map, 1972 Channel is Shown G - Resolution #2065 Approval of Application #1075, 1986 H - Letter from Joseph Durda 1 - Existing Hardcover Site Plan J - Hardcover Fact Sheet K - Proposed Hardcover Site Plan L - Hardcover Fact Sheets M - Resolution #1907 Approving the Dredging and Reinstalling of Sea Wall 1/13/86 N - Permit #4794 Upper Level Enclosed Porch 7/14/82 O - 1985 Survey Locating Pond and Existing Channel P - Elevations Q - Upper Level Floor Plan R - Lower Level Floor Plan Description of Request Applicants propose a two story addition at the lakeside of the residence consisting of 298 s.f. and 309 s.f. of upper level decks, refer to Exhibits K, P, Q and R, The existing upper level lakeside three season porch will now be replaced with the two story addition. The upper level porch is 30’ ± from the inland lagoon or pond considered the main lake. The proposed addition will extend 9’ closer to the pond. An upper level deck that extends around the lakeside of the new additions will be located 18’ from the shoreline. The new entry addition proposed at the street side of the residence will not require any setback variances but will require haMcover variances within 75-250’ setback area. The existing deck and entry addition at approximately 164 s.f. in area will be replaced by a 600 s.f. addition consisting of mud room and expanded r Zoning File #1941 July 15, 1994 Page 3 . Tfc, iu,n «orv lakeside addition will provide for an expanded family room and living rlZ'oJ^ mwr level and an exercise room and family rec room at the lower level No grade room on Ih pi«____ aonlicants should be questioned about access on grade levelroom on Jhe upper levd a^ an shouli be questioned about access on grade'level level decks are propo ^ „nner level deck Although increases in structural coverage from patio doors shown Le been included with proposal, are propos^ major ec ^^ea of I 58% and in the 75-250’ setback area at 1,889 is proptrsed at 15.04. requiring a 15 s.f. variance of .04%. Please review Exhibit B, cfm“ st";rls:ltS^n P-” « property. located ““ «as replaced with the upper level three season porch existing 12 *'8 ^he porch was noted as being 40’ from the wetlands not relereiKed proposed at ir9 x22.6 P permission to install a 3' wide cat walk or as pond or lake. In 198. bedtoom tor safety balcony along the perimeter aonrv A building permit was not issued as it reasons as bedroom was constmcle wi p unner level and the balcony was needed for —z'S ’u.rs iw. Mi™«. Review Exhibits M, N and O, inliirjsrs's.s ?“•.'■<«.,~ «■ channel was installed pnor to 1960. Review Exhibits B and H. in 1986. that 144 s.f. wooden balcony removed a concrete patio at “PP “*‘7 * „ Japee application to allow the deck. The owners at that time were advised to apply f^ „ include an grade level wooden deck to remam. The owne structure After the review, upper level 3’ wide connecting balcony along the l^esj landscape areas stating that he .rapplicant rehtsed to remove P'^" ^ oiin^:rrrk“::^:™^eS^::s:;:truiidi^ r • 5 Zoning FUe #1941 July 15, 1994 Page 4 wooden sea wall was replaced with a steel wall and the channel linking the pond with the main lake was dredged to provide navigable waters for boats stored at the shoreline of the pond. In reviewing applicants’ addendum, it is almost impossible to understand how anyone could purchase th.- property witliout knowing some of the history by reviewing the files and the 1986 dredging resoiicon filed against the chain of title to the property. Clearly during the 1986 review for Joseph Durda, the City had taken a formal position on the designation of the pond bemg pan of the main lake. Unfortunately, this resolution was never filed as Mr. and Mrs. Durda failed to execute the resolutions. Review of Hardships, Exhibit B 1. The applicants note that 80% of the total property is unbuildable The house was placed on the property in 1973 prior to current lakeshore setback standards. 3. The majority of the house is located within the 0-75 ’ setback area. 4. The current proposal mvolves decreases within the 0-75 ’ and 75-250 setback area. Issues for Consideration 1.Major hardcover reductions are proposed in the 75-250 ’ setback area but what of the 0- 75 ’? Staff would note that a 106.5 s.f. or .5% can also be reduced m the 0-75 as a credit for the 1 1/2’ width of overhang against 3 ’ wide upper level balcony. 2.As already noted in applicants’ hardship statement, the majority of this located in a "no build" area. Is it possible to relocate improvements within the 75-250 setback? Note the entire home is located within the 0-75 ’ setback except for iwrtions o the garage and now the new entry addition. The area of proposed hardcover improvements are as follows: a.309 s.f. or 1.3% of deck improvements within 0-75 ’ b. Footprint of two story addition within 0-75 ’ setback area - 298 s.f. or 1.28%. c. New entry addition and mud room within 75-250 ’ setback area results in 600 s.f. or 5.7%. ft \ I , \\ ^ 4. Zoning File #1941 July 15. 1994 Page 5 Can applicants reduce areas of these structural iffiprovements? Is 15 s.f. excess in structural coverage of concern? Is proposal too ambitious for this property? Are setbacks too excessive? Do the hardships warrant the level of improvement? 5, Other issues raised by Planning Commission. Options of Action To deny the current proposal. Members should refer to Section 10.08. Subd. 3(A 1-12) for the necessary findings for the denial of a variance application; or Approval as proposed or amended, subject to the following conditions: 1. Upon application for a building permit, applicants must provide an updated current survey showing location of all existing and proposed improvements. 2. All hardcover improvements scheduled for removal as a condition of the variance approval must be completed prior to the footing inspection for new construction. 3.Applicants to provide the necessary erosion control along the shoreline of the pond and wherever deemed necessary by the Orono Building staff prior to any land alterations on this property; or Table providing applicants additional time to provide an amended proposal that would address the concerns of the Plarming Commission. *‘V' CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 (S50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming strucnires $2(X).00 After-the-Fact Fees (Double application fee) PROPERTY INFORNUTION / ’ Site Address S A/^V ^ Property Identin^ti^ Number (P.I.e T) //“? - «2 ^ -> /->>n id> WA t I \f% c'licttw m^^k;rc rfccrrc i V^.Vi *‘f \nt\AA W WV A ? f’r’jjVA u*uif tyZrv Ti oc’f’rr1‘uA^ii’ vr1* ^ ^ i. c All II inivi \ I CPw /ivi Ji. OS/2' 200.00 200.O: Property Identification Number (P.I.D.) //7 - o2 ?> Attach legal description to application if not included on required Date Prope^/ Acquired_____________. / / I (do)<^o noUAlso own the ^jacent parcels m land. Present use of property: ^Residential ___other (specify)___ Zoning District: _____________________________ OQ/S survey. (raonth/year) I / Phone (home) ^'7 J tJA^^ A >^/’3C//^<$^c4ff*hoDe(work) '^■S3'3 3 ^ ^ APPLICANT Name^ ^ ^ < _________________ ____________ Address: 3/City: Zip: J OWNTR (if different than applicant) Phone(home)________________ Name Phone (work) .Address:City: DESCRIPTION OF REQUEST Describe request in detail:___ 2^stima;gd ConstructronCost S »__________________________________ (attach additional sheets if necessary) VARLANCES REQUIRED Lot Area Lot Wid^h Hardcover Setback:-y-’- Side .ear Lot Coverage .Average Lakeshore Other (specifv) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty unusual .property conditions preventing compliance with Zoning Code requirements: ______^ \ ,4/%Sha^ ^ t 5~ ^ c^ncptpr (attach additional sheets if necessary) 4 Sr.*. _______ >lr norfkjnLfnvntf OFFICE ■ i I 200,00: 200,00 m YOU liOl Ji: 05/2- , ixM^ 4. REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application *j be considered complete; 1. Completed Application Form 2. ___Cenified Propeny Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govi Center, 348-327I>. 3. __Plat Map (obtained with property owners list). 4. ___Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'A" x 11" for reproduction. 5 . ___Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction. 6. ___Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x 11"). 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. ___As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. ___Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remem&er that vour variance application is not complete if the above information has not been included. % APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tru^^*d correct to the best of his/her knowledge. OWNER’S SIGNA' 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. Applicant's Signatun Owner’s Signature^ 'y/i Applicant must have all suomittals into the City omces 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. S > • •tr I y / !rt July 11, 1994 To Whom It I’lay Concern I«4lrte i BuUding Variance rur Lee and Wanda Fischbacn 3135 North Shore Drive, Waycata, MN 55391 C;i Sepcember 13, 1971, ,^e purchased the property at 3135 North Shore Dri /©. Although the house had some drawbacks; namely, a large pond in the backyard, and aituaccd ne;.t Lu a busy street, ae asaummed that •ve cwu.c, -ipgi 1 at?-* date. - -4 house tc iT.eet our needs •^■fter nearly throe /ears, we are now ready to begin nodifi cat ions to our hoir.e. We relt there would be no' ,^e made, since we are m e>!cess -lOO feet from our shorallno on Crystal Say. In checking with the city, wo soon learned that the aet-buck ^rom the main lake area was not the problem. We instead had .o JO -^:.-:.;-ned wi :h the set-back from the wildlife pond, ;-^hich 1- connecter! hv a small canmada channel to the bay. a •_hynrel leadinq to the pond has been back—filled wi tli sand from the wintgr ics heaves and is not readily accessible bv^most boats. We arc told this is considered lakeshore 3nv- uQ deal .^ith thiis hardship. By calling this wetland pond part of the main lake, about SO percent of the current house is located within the .•w.^fwOt -et-back area. We assumed that the house we were purchasing was not located within a no building zone. ^ Tf.e dredging jf this pond has created the following !:arcships on this propartyi 1. 30 percent of the property is unbuildable, 2. the pond, although dredged, has limited access due to sand heaving at the entry. Current depth at the entry is from 0 to 1.5 feet. The intent of this variance is to help us overcome the restrictions placed on this property by the dredging of the pond. If granted a variance, we plan on overcoming four negatives associated with this house: :*irst, and utmost we plan on correcting the view problem from our current living room. The view of the lake is obstructed by the existing three-season porch, he building plans being presented correct this by moving e living room forward and eliminating view—blocking walls. T % .iLSitr > n,-*. Sscond, tha lower laval of tha lakeside expansion will give u3 rootii* for a foiTiily room and oxercise* area. Currently, the area devoted for the fainily roora is restricted by the location of the vval1 placement, fireplace, and the staircase. Third, the adaition to the front of the house will allow us to have a more suitable entry, Now there is a 40 inch by 72 inch area to greet visiters at the foot of a staircase. '/loitors have told us tnat they feel iritimidated by this, since /cu talk to them from the too of the staircase. "ourth, need a oackdoor mudroom as an entry for our children. This will eiiininate the problem of shoes and coats from the top of the stairs, that is always a Finally, with all these cnanges, they will give our lOii'u j .lOw *aai of openness, which will allow us better Silver our .‘Otiuiy ana friends. fhe proposeo inooificacion CQ our house are co correct Che following; 1. Improved view of the lake, 2. i-ower level ramily room and exercise room, 3. {lore gracious main entry, 4. fludroom entry for children and pets. The proposed variance is to allow us to accorriplish these iterns. we trust that after review of our proposals, and a careful considerat1 on of the restrictions placed on this property by calling this pona part of the lake, you will approve our .-ariance. We hope you will allow us to revitalize our home with these much neeaed improvements. Sinrereiy, Wanda Fischbach ^e Fischbach JLA iiirfiili \)/u IfiTf tf/tr/H NffMIPIN COIMTY mOKRTY INFOMttTXON SYSfCH RRORtRTV CMNERS LISTMM*. tT4M*mi S » ff-|i7-21 » 0004 OSOOO NORTfl SNQRt OR OANXIl J nCOLVIM OMaiL J MCOLVIOI S090 NORTH SNORE OR NAVCOTA Ml SSSTl (YIR v'lilNi/AOOR M 0f-UT>«5 U OOOf OStfO NORTH SNORE DR 0 J fUMERO 0 0 J OLOMERS RAM. 4 0 OEVERLY J OLOMiCRO SlOO NORTH SNORE OR NAYZATA Ml SSSTI SO 00*117«ES SO OOlS OSltS NORTH SNORE DR N I J A CARNEAU RXCNARO J OLSON f|jf)|/AOOR Sm NORTH SHORE DR NAYZATA NN SSSTl - fROR 4MR >AYER .■••iV,.; ;i <; OMMR NANI ■P'. ^INRAYIR SO 0T-117-2S SS 0001 OSISS NORTH SHORE OR RONAiO 0 LAUER RONALD 0 LAUER IISS NORTH SHORE DRMVCATA Ml sssn in mm ^ NANE/AOOR •‘V SO 0T-117-2S S3 0015 0S14S NORTH SHORE DR J 0 SNEOENDORO ET AL JANES 0 SMEOENOORG S14S NORTH SHORE OR NAYZATA NN 5SS91 "; ->vj... ••• T. S. ',■1 * ■ ' ’ll' so 09-117-2S SE 0007 0S120 NORTH SHORE OR R J HALVORSON A 0 HALVORSON R J NALVORSOli A 0 HaLVOR^ S120 NORTH SHORE OR NAYZATA Ml S5591 SO 09*117-25 52 0010 05104 North shore or f P RACOV^V A N L RACOVSRY FREDRICK P RACOVSRY NXCHELLE L PACOVSKV 5104 NORTH SHORE OR NAYZATA NN SS591 50 09-117-25 52 0014 0510S NORTH SHORE OR 1 0 LIMOOUIST ACT JIWNSON X O LUNOOUIST ACT JOHNSON 510S NORTH SHORE OR NAYZATA Ml 5S591 SO 09-117-25 55 0002 0S14S NORTH SNORE OR Ml J LAUER ET AL TRUSTEES NILLIAN J LAUER 15409 NAYZATA OLVO NAYZATA Ml 55591 50 09-117-25 55 0014 05165 NORTH SHORE OR T A S ENLON THOHAS C a SUSAN S ENLON 3185 N SHORE OR NAYZATA NN 55591 \RSRORT no. 0X455401OAfif 'Y'»-50 09-117-25 52 0000 05140 NORTH SNORE OR K A ZULLO A J A ZULLO KENNETH A ZULLO 5140 NORTH SHORE OR NAYZATA NN 55591 ■ .‘tip''' ('••'SL« _ 0 0 A A 50 09-117-25 52 0011 05188 NORTH SHORE OR T 0 ALDERS A R R TOURNAT TERENCE 0 A ROXANNE ALSERS 5182 NORTH SHORE OR NAYZATA Ml 55591 * ! ' ■ * i . : ii' , *V ) ^ his ' . » 41 > . -.‘y*: 7: 758 09-117-25 52 0010 05155 NORTH SHORE OR L J A N L FISCHOACH LEROY J A NANDA L FISCHOACH 5155 NORTH SHORE OR NAYZATA NN 55591 58 09-117-25 55 0009 0S175 NORTH SNORE OR N A C RUSSIN NICHAEL A CATHERINE RUSSXN 5175 NORTH SHORE OR NAYZATA NN 55591 ;• m %K,t: - v-Vi- ii:;i# J ’ 7. Y*A z.*- /• »vv.;y» .*• ?.* » ‘v I » I ..... •• TOTAL HATCH 002 00014 . >» .#♦ i * I . f n -ri. Si'Wi I .'F » V .1:« , 1 ♦ * I •f *^v.;Vf 'iitVf’' ■h.Sj& ♦; ♦ ■:W!i‘. 1 ‘, • *<>UH MTi n/t7/nlATCH Mt “TSn'KTSiSr^""''”™n ••*W«T NO. ^I«SS401ir*6c «•4.. »*.r,\■■ *;• • ‘ ••. ‘ ■. ‘ : ' X. ‘ lVA?»t,! v^' '.^ '■■ li* •’* .'•* ^ *»’*.* •'■, • ^• ■ S •. V .t • •'T *» , * #. • Vi ■ ', . .• • » .t • « I «■«*'•1/.- . ■ *■.•■ .'1 /V »• I . ’ • ’ • ^ ' ./ V' • '■sr'*' ■•'■*'’• ‘= '•* ' ■'v^j»;u;.v •..■■■ • • f -V'j : ■ i . •■ ■ 4* i. • i I • •' • I 'i VV' •■■•••.•, ^ ■ '; ‘-.sf'> ■ . ' ' • - ^ »-•• • J /if i• . 1 }.. * <■ ■ t )'/■>! . . ■ -A ' ‘ *• ; ■• * .. \ I •' i .*’.■>-*n. ■/<'■ •••• ' '• . f: ; V • V ■ I •• .•» I I '• , !•: ! V • ■ l»:'f < ‘v'* : '• 1: ; .M'. V • /. . •» ^ rir. ' •*.. *! * ) ' * ■ ‘ V* ‘' *:» v'. . I : . . h ^ **.• /•• V’ I ' . • \ ’ .V sf siMss^oS o*n by ACCURin AND TRUI DATE ON THf KCOROS *xatxon» jo TNt^OCSr ■ •. v"i'v f ;.i f J -tf. ' «• .■• sVl3<.*.. .':.t , I • ,ff ■ ■ V,.»^:irI 4 J -'.vMiir V • v'.\ ^ . an/,: • . 'M. ..: i'i' .. i, . I--' ' ;K*! f v j ’«■ • Jk V' Vv- , • , ' • >.k.V ‘ "jJ J . -4 ! TO R.' i-i. /y;. ■• •'{f'.v *1 ■; /I * •, • *'***,'.Vr. ' V ^ i yiy^' <m' , : ■ *; c' r?* \v^* • ' ^ * * -/a i *>• ^ '/’i •. . .’i 'l • '>/(;• i • ■■'!/ '. • • . •) V^: :• • • » ■•: : '•/,' V •'•'v.S;^. ■ .. i. '.• .-a-Ji ■ ■/ , .■ 4»,»■:.•■’ . V-v i;.‘5-Hl' • • ! •» ’ j f > t ‘ • / • I ••; • • • •‘ • V A •. • ? *i‘ M'' ■ f . T ' • i« .• . < • '1 ■ « , ■'■ » -ii'' . ■« . f, V ^ Ji# *'* k ^ • • t T -^Q M Adjacent Property OV^ucrs’ Acknowledgement Form I (we)(!^a-fherirvt^ 8 u f)Sfn [print name(s)] of ZintT klprth 6ho rii [print address] have review^ the plans for the proposed improvement or proposed use of the property located at 31 33____________also referred to as Land Use Application No.________. I (we) understand that in e.xecuting this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. 0 Property Owner Date Property Owner 4i 4r 4i 3H 4t 4r 4( ^ 41: Date 4M|i4(4K4i I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at___________________also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (arc) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. J ..y * k ^ Adjacent rropcrty 0\niers’ Acknowlcdgcinetit Fomi 1 (we) g>(C-UA.t-<0 Ol-taPH lo.-pbncfe ac:,. [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located ______also referred to as Land Use Application No.________.also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or use requires Council approval. Property Owiier Date Property Owner / I /I * /in f i 'ilyrirJLJl/nj.. A^y [print name(s). have reviewed the plans for the proposed improvement or proposed use of the property located ^ ^ ^ also referred to as Land Use Application No.------------. I (we) understand that in e.xecuting this acknowledgement. I (we) am (are) not asked to project or use requires Council approval. Si/{ )(ll!/r)/hP)/ Property Owner Date Property Owner If voQ have any infonnation that may assist the City in the review of tht Use AppLrn,^”aTilbIt your comments to the BuUding 4 Zoning Office at least 10 days pnor to the scheduled meeting date. , Date i- cT 1 i / - > • .V m A:m V -t •' ; ' '> S ' :\ 1 K i'- tVi \x^- r iMi • 'a ?!« ■>'.v » ■• '! 4 /✓ ■V /. ' 'I m iV- j'*A j « *<3 W-IhA - i.JV« •''. :|City of ORONOMftOLUTION Of TMI CiTV COUMCILNO. ;ot>Un! not•i A VMOm ID__ __ on•■ctxoN lo.aa* Mornszims MIS 1*2o*a«r of II*** •PPl^coat-) 1. tHoci«,...«« w'Tfiiivnr.vv^’iJSr.*, •r^;.av.v.*,Vi.*.**aViSi'ftJ.'i'ji XrV?; ■•"••»“ "•**'' bordeovor la tho 0-75* lakollhart^tt!^'[^!b «ocotlt«tlr* atmotiual aofaally allewad. ’ ‘••••boro aokbaeb aoao vboro ao bardeovoa la Nlaaoaota."®*' "■»<»■» •■ *» SKOttlo by tj>« city Coaaoli of oroM, 1 ■ . i » -M . ^ w- / • \* r» .>'1 f- './ f- j L ^ ♦ 1. nua applloatloB «taa ravlaoad aa to«la« rila #107S. LiJS.L'fSSU ’DJSJi*:?. “ “• “-*• “»*’• — VaVa"‘"’ ravloo.J thla appllcatloa o. Tariaaoo baaaNl upoa'tho folltSSI*fl2ii^«*®**^ P'®P«»*< r«qttlr#Miitf And !• located ApproaiMt#ly 42* tram JJ-S cWK^2'lJSJSfe31r*-‘- Tf *^i*wViih ••tback aooo la 31.300rrtr.*?,.v,‘o'J4|!20 li bS22n,ir* o< ».»T3 a.f. or Pafo 1 of s-M* •. >*>. a «t/*.».. •* t i-i- I' rl -’I i^.v:Si -:r'!City of ORONONEtOLUTION Of TMf CITVCOOWCIL MO. 20*5 •4f.JT* ' ^ .A' ^ • 72 ,.f. eoBCMt.tJJjMi locatloa -ith . U4 t"l th« ..•«wlthMt obt«l0iB« th« a«Maat*Jv !»••. ^rvl0, in. ■••Ar I5SA. bkleoa”; ®:’»!-•**•«» »«-«T?JrASrrS2L25*tii®** tiMi* #bov0 MittlM ------“5-_ b*loony omtontiM har4e0««r. to ooapUMto for tho iocrooood 4o^ plost^vltl^ ^VrTTirfr^* tbo rock bo4o ua4orl«iB byh.r4ooy.r i« tbo ein41iifa •«4*roeoIAAyAVA^^of**th Inclu41n9fcy City .toffr^SSiVt, Vy tJ. Co«il,.ioS! l!SlUt‘ii*‘t*iS 4»*iJ?"***/“* «• thUP'®f*tty la tbls loalM 4lArlS. «*o«rally to etbor •••14 aot •dvoraoly affoea ari^/-^****.?'.***^®* **»• ••Umoo POM • fir. M.ar4 orUKr4liT.r Vi®*^liJi®r*' “«*•«» «lr !2 •ft Boroly .orvo a. .eoaAainc?t?^25t*iil*i •••W•MOMory to alloylato • 4oiaratJlSi- ^«t la•ooo.Mry to p.o.o^o aa2St-«*4* ,^•*^•^0 •» ^Iffievityi iss^issi . - ' . - .- • t.‘ 1 . . « p c> 1 .'•J-ilt ri' . i.K^.’i* • X - •n ' J*-________v" •':»■ • *«.wiv ,513 . ,-■ * •«{ -5'^ .X.^city of ORONOnCSOiUTlON O# THf CITY COUNCIL •fQ *065— vwwax XQBS».f. of ot>^Mry*i5f?f?i — ®* • <«ck eonotltutlBo M thoto ooroi* * •‘•rtoovor ia tho o-7t» iltl-v * •• inoroooo of 72 !i!r :rf 0-7S* '' «»iwyi torch torch holoaov yt— holoeoy ^ holeoBy how Ooeh 2.32S O.f. <00 o.f. lOS o.f. 00 o.f. 00 o.f. loo o.f. (•-75* Lot Aroo - n,3oo o.f.)3*172 o.f. or 10.1% sis:., ,.jjj ::«; (7S-200* 3*07J c.f. or 2t.f% 11*300 o.f.) •1th oay typo * f.^1v V*'A■i jf.V......•4 «>« ..« !* V #** •» »• t .• •:City of OROIVOKEIQLUTiOM or THE CITT COWiCIL WO. 20«not •ttk^ho^opoVlMaif ^but**it ''**^***«* »«“ •1th tho proporty •noreiooO fcTowllitlU'fJr . ••‘‘f •n4^lTK ijtho 4oto of Cooaell approval *?r Wf* olthla ooa yaar ofthat iato (OctoUr n,"m7). ' ' •HI napHo on•^1^ oa4o, ahall aataoatieaU»^tSTiii^-*?«* vlolatloa of tho »*«»a4n, and ahall bo nathority frantod ►« ••*»...», telKp sncMaMra Mud a??^ i^lidlf of hiJMoif # ®f thla roaolauon in tho ohair^f St^yj^uTp^^wy****'"** Mo^od by tho orono City Counoil on thin iJth day of Eorodiy n. onlUB, filty «ark NMy «. botlj^^yy t n■iSSfsihkr>2* V X ^ 'd3. w.> Itl^ w > r Papa 4 of s i r *:i 'w :.;r^ :>T;^rVv*'" r^^' » '-C:, V ■ \ ': >■ ^ue ■, •.. j: ' T V- t. • ’ . ' ir ■ feSifSg' V ..•:V**iF i .* >’*■- • . r. - , r it '*■7 / /•;m .V •. . ,* •:’? 4-7 ■i»*V' *i'» -»u«.Larson &U mj m "• r n . '' M*y 21. 1917 City of Onao F.O. Bob m isr.&r-o"tr* Zonin* FU« No. 1075 Mr. Ctffwn: i r^r' -_____ j* • ' , « f;t • — ■ ; ■ ^>-. i#>„.. . • Very tmly yours. :ON 4 lambcr- £• PUrainen • »» . ek5&T‘ :• •>-,•- • * • ,• *•-** %0 - . f*9 u- V jsa i-?;') 8^ R,«»A ^ ^ ~ CS3& • "■- \^|4- »«di I \ -'/Z 00 7J/ X Ifvg 2. ?CC^ “ ti M _ Z. 4 I lor- i| >1 £ S s o » * Ir |s&!i 1% I S^ 3 6 N ivn a XM A fVI I 5 o f £ %w •• I ^ ^ • % I / £ 5 o l^usv. / > f m HARDCOVER CALCULATION WORKSHEET 2S0-500' 500-1QC0'SET3ACK zone: (CIRCLE CNE)(fQ-/j^ Existing Hardcover 9 _ S • F • A. House LENGTH WIDTH / B. Garage c. Driveway X X D. Sidewalk X X O'' IZ' f.Landscape^S^H—^^ Iareas UNnSitLAlN,;^,^,, lj X plastic SHEETING 3. Other Total Hardcover in Zone Total Property Area in Zone ZJfZO S.F. S.F. S.F S.F S.F. S.F. S.F. S.F. _ S.F. sag 17^ S.F S.F S.F. S.F S.F ITSS.F. -rlTI 2?>'iys~ X 100 ' JS'-T^ I I* >*=. WCOVER aUUUTION wmsHEET (CIRCLE OXE) 0-7^^-,rn JSTl^igJardcover in Zone •V ^ 250-500-00-1000 House length WIDTH X _ B. Ga;?agc C* DaiVEl^yURUEHAY _ ^IDE>*alk \ X Pat 1*0/ Deck X Landscape areas ^nderuin plastic sheeting S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^ C.p> S.F.'^-' S.F. S.F. S.F. S.F. / OthEh — s. p, S.F. S.F. S.F. Harocover ,n _ ®~^^-G3_jue; — J " " _.SL£jL_ % t i I r ^ - I Vj'^l5 V§ ^ V • ^ ___ OO'iZ/-^- ■-~ l/^JO// f « I f % ••s Vv\l hh1i HARDCOVER CALCULATION ffiRiC-iEEi ScToACK ZONE: (ciacL£ cne)/5”250 Hardcove?? in Zone A. House_ _ _' x -- - - - - 250-500' 500-1QCO B. Gasag c. Driveway D. Sidewalk E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING / X X WIDTH /‘ S.F. S.F. 2lS S.F. S.F. S.F. tm, o I r i S.F. S.F, S.F. »■ •» /?/7v^m/w <G. Other X Total Hardcover in Zone Total Property Area in Zone S32*7 A 3 _ S.F. S.F. S.F. _2S^£2£Is.f. I+.3S- o ^s,i?r X100 - % r f HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) G Hardcover in Zone 50-500' 5C0-1000' A. House length _4 q! WIDTH X is: X X B. Garage 4a X c. Driveway lA IS F. Landscape H/A- % o c A e fareas UNDERLAIN 3Y PLASTIC SHEETING X X X G. Other Total Hardcover in Zone Total Property Area in Zone s.F. K,OOJ^ s.F. S.F. S.F. S.F. s.F. S.F. , , -—/ ‘ •SGf s.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ±52^-7 B I (j 775^ X 100 » ^ 31.^7. I * ( : i: i . ^ I riniifciu r i VI?.-’/i: tr /i<*' .* ;* * *1 'iV ‘^•‘"* J City of OROINORESOLUTION OF THE CITY COUNCIL NO. l^O?A eesolutiom cpAirriMcA CONOTl 'NAI. USB PERMIT*<>““*= coo.mS?? iS; »♦««>.XOWlllC CODESECTION 10.22, SUBDIVISION 3 - PILE NO. 99S ^^*^*’«*P«ctiJeVw1jcrVof (hereinafter -theShor# Driv« within thm n%^ P*^operties located at 313s d legally deacribed as followst ^ Orono (hereinafter “City*) 3J35 North Shore Drive - Trjt^» %. are- .. (herelnaft«“p‘rSJeJt!«-? Ini? " '?"sSk^°term?sVicn Wlnd^'eJIthin 75 feet of the lake at 3135 N^th Ihori rriv^^ Minnesotai*'^**' THEREPORB, BE IT RESOLVED by the City Council of Orono, pindihg ; Tnis application was reviewed as Tcning File 19^5. District.Icoatea ir. the lr-ib La.tosnore Residential the applicati^J as VropIscJ anj° rcc%-t^ Corjrission reviewedfollowing findings: « rcc..T...e..ucd approval Lajod on the A*?.' ■ • ptoblM,. * "**•'<1 to Mvio.tlon .nd erntoo oroolon rotrKivr^' e) ■>»« .nd MCHD h.„ dpprovod th. proj.ct. > «a.a». • r # C4'. • Page 1 of 4 ;-r‘ • ■r»l /• i4 {.4. %> ^ « ....-' ■ ir. V*f^' '•»■.■ * .’'II ,i /• ■*.<•■1L* '•^i'l'*'inv-.v City of OROiVOresolution of The city councilNO. 190 7 tt««i“ ''‘’•'''"'"•'•••'“•iVin'il d'*"’ * Ua> Perelt to noighbJrlVpUp.Vti,,""''.'’"'* * '‘‘■* "•t^rd'or°oih."r°'d*‘’'’*'“*^ co.pr.h’.„..;: ‘?“Vc;t";. o< 'p«"'!?„7„'',“‘c‘i,“.i3 Ba..d OKOBl MD COHDIIIONS *nd per Section 10*^22 repair of a sea wall at jT' <t m 10.03, tt... .up.n „ ■• -.dpoa to t. t_.d .tt. rce, throe inch -.^^Appltcr.t. ,o cpt... „„ncir., : ot ,,, ot .ir :;u.■ '■' I-'»v.dvJ „ oouth ot l„con p„.t to rtp.lr 'oo^££:'”;73f;• °«»^°“«oT".l,ijr:-:Vtuur.’' ‘r* •■« ^h« undersigned sDellean^ s -v4i^w3 mJ **«ge 2 of 4 .i7 |H£S ioCN7 ia|L STOMitS U 1 |C'VVtul luNl Is BOHMS FlH |(»A>< :;rALtS lArr lotr static ----------------------J DATI 1 ■ NON locc ICLASS DOCJC^________ PHOPOSt O Uiik ■ STUHICS COUNC'L . 1, AHP OAffc 1 4794 ivtryciiofi Pl^i^oot) ml vait 3^SA CC UlCL iuiomtoma . ^HQ OCCLARt ^ANOACCCr A«io Mfouir • TMf UHOl }H fTRlCT CC €if AMO ST A Tl. kty of Of ^ ^ i^aiJ .!A ^ V • : >^,*¥s /*\ 5^_3j;-i-? /vVr^K /)u.",Si-it®19 /c^*^ / ^* s^ . j t/ f* 4^ *' »v* *V/^^ ct r„>r/ y . ^ J \ ^0c •.^C7//Z? / ‘^\ 'r-— f-' .v"' C*. v ^'• • • • o-Df/f«/ft /roft /ifo.'ju/tftAf • • v‘ L'' I «M,„ .KO, ,K. . O ^ 'r«t A, «.ji.,„.j *'“-77^ —:r* 4/^ * Thomos S. Bergqwlst / Survyof, Minn. Lie. No. 7725 I ^ f TIIM»MMaWHT. ms. »» T* J' ,r »A., ,1. ^ 1: W *r ^ • K A V « • »«♦ . ✓ 7*.«>- Ixicj CERTIFICATE Of SURVEY for /a- DMA BCALTV .*H «• ' •• <*i * •«. • • A. >•4 •WPlif - .~s- \ 4 1 Q.. n =V. I > ? • :9 U3 i \ ■ * .1.^ •*' ■. ' • i” . ^ .'tr ... •• • ^ * •: J i >.p ■' ••»••.'.•vr^. - V ^ ‘ ?' RPl &k ■ H.: 'S'V -:':-v- ■'^V,*V--'?'' ‘-J ' • - ‘ . •' :•■ •'? •. -:^lvVv.h ■ _ !U .!' iis 1/“^ i'. -.'.Vi'-' • •<*.' ■%L! M • ; » ?c . V* '■■'< ■•• > •.' . «..* I ■• ,,h •:. - '• , ■ I' * ’• . 'v.*V- .r •. fa .15 cr V.-i:' i » V-X •>r%..:;-avs>\:.-:.:;. 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Mabusth, Building Sc Zoning Administrator July 13, 1994 #1^2 William Stoddard, 2605 Kelly Avenue - Conditional Use Permit/Variafice - Public Hearing iPntinent Ordinance Section 10.24, Subdivision 3 (A) (Section 10.20, Subdivision 3 (G) (1)J - Conditional use permit is required for proposed improvements to existing guest apartment above detached garage. Regular lot requirements are to be met for guest house use. A.Lot width. Required = 100’ Existing = 125’ B.Lot area. Required = Existing = Variance = 87,120 s.t. or 2 acres for two residential units 73,008 s.f. or 1.68 acres 14,112 s.f. or .32 acres C.Separation setback between principal and guest house structures = 62 Minimum required if property were to be subdivided would be 20*. List of Exhibits A - Application B - Applicant’s Addendum C - Plat Map D - Property Owners’ List E - Photos of Guest House F-1-3 Hardcover Fact Sheets G - Floor Plan of Guest Apartment H - Water As-Built I - Sewer As-Built J - Building Code Section 4715.0310 Use of Public Sewer and Water System Required SurvevK - “I;? Zoning File #1942 July 13, 1994 Page 2 Descfiption of Request Applicant has filed for a conditional use permit to permit the continued use of finished living space above a detached garage as a guest house/apartmeni use. The City has no record of approving a guest house use for this structure. The structure currently consists of two finished rooms. The structure has never been connected to municipal water or to sewer. Refer to Exhibit G. Applicant proposes the installation of a bathroom and kitchen area within the existing building envelope. No expansion of the existing structure is proposed. The detached structure is structurally sound. It is staffs understanding that the structure will be re-sided with similar siding proposed for principal structure. New windows will be installed. The structure is located 3’ 1" from the side lot line. The City Building staff will inspect the structure to ensure that appropriate fue wall separation is provided from lower level garage to upper level residential unit. Upon your site inspection, note the proximity of accessory structures on lot to the west. The Building Inspector has confirmed that fire wall construction will not be required as a 3’ minimum setback is maintained from lot line. The structure has served the occupants of the principal struemre as either sleeping rooms or additional recreational living space in former years. As there is not enough area to permit a future subdivision of this property, it may not be necessary to determine if there is adequate separation between the two structures, although 62’ separation does exist providing adequate room for a division line. If a conditional use permit is granted and sewer and municipal water is provided to the structure, applicant will be responsible for payment of a sewer and water connection fee as follows: Sewer unit - Based on 1994 Fee Schedule = $1708.10 Water Unit - Based on 1994 Fee Schedule = $1933.00 It will also be the applicant’s responsibility to provide approved service lines to guest house struemre. Refer to Exhibits H, I and J. The guest house may be served by existing sewer line. Note additional water or sewer smbs were not provided to this property (sewer 1964, water 1970). Issues for Consideration 1.The property can never be subdivided because of the area limitations, would Planning Commission members recommend the granting of an area variance of 16% to allow guest house use? ,'»1 ,r-Zoning File #1942 July 13, 1994 Page 3 2.Does the fact that the structure and use have existed on this property for some 35 years have any impact on your recommendation? With sewer and water this structure becomes an approved second residential unit — tlic potential use more intensified — the structure more permanent. 3.Does the structure at a 3’ setback from the side lot line raise any special concerns for its future use? 4. Other issues raised by Planning Commission. Options of Action To deny the conditional use permit and allow the upper level to be improved and to co ntinue to provide additional living space for resident but to not allow the extension of municipal sewer and water to the facility; To approve a conditional use permit for guest house and a variance to the area standard, subject to the following conditions: I.Structure may never be used for rental purposes but may be for the exclusive use of occupants of principal structure, guests or hired help. 2.Upon application for a building permit, applicant shall make payment for sewef and water connection fees as noted above. 3. Other conditions recommended by the Planning Commission. ^ (j^ ^ CITY OF ORONO - GENERAL LAND USE APPLICATON PROPERTY LOCATION ^ Site Address y * t-T m ; CWJi /*9 Type of Application to be Filed WJtSi___uKtuflrJofiL Property I^ntification Number fP.I.D.) TS “U“7 ‘ZS t*f APPLICANTf c Phone (hotne) y./ kficY Ml .cixyJMMR —^z.p OWNER (if different thaij^applicanj) Name _____ Rione (home) Phone (work) Address City Zip Acquired fiptULDatePre^-^--^ ______________________ I (do) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential Accessory Use $200.00 Instimtional (church, school, etc.) $175.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $2t0.00 Land Alteration Grading and filling - desigiiitfed wetland or floodplain ^ Grading and filling - 101 ' i. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore TrD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) _____$250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) ______$300.00 Comprehensive Plan Amendment _____$100.(X) Appeals 0th'r - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_____ Present Use of Property Residential Other (specify)__ (month/year) ClTi OF ORQnQ OFFICE i V'^Vr'Ty^ wvv ni rZid V -i Ci-»T 175.00 CHECK R 175.00 RtCEiPf-THAhiK Ydil jijOiSJO cool ROl 107:2C 06/20/94 ■f'' rrri LU 175.00 I 75.00 YOU I r07:2C ji/20/94 REQUIR^ SUBMITTALS 1. ty^^ompleted Application Fonn. 2. V/ D_ Describe request in detail. y >»^ertified Property Owners List of owners within 350’ (you can obtain this list from -Hennepin County Department of Finance, A-603, Goverament Center, 348-3271). ly^lat Map. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey itiJormation. v/Ottta L/iopographic survey (existing and proposed coni' ich legal description to application if not inclu^Jcdon required alterations involve yraanges in elevation (grades). V/ Lisit of the legal names (include marital sams) of all persons with an interest in the roperty. This would include narae(s) of applicant(s) if nouetirrent owner(s^ Construction plan, if applicable (see staff for requirements)/ 2 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. Cenification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred^ review of this application, and certifies that the information supplied is true and correct to life best ofJi«i%er knowledse. Applicant ’s signature Date OWNER’S SIGNATURE The owner hereby ^^'^now ledges and agrees to t* - application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of infestigati9n>«fid verification of this request. Owner’s signamre Date fl' 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 toe Planning Commission and Council If an applicant is unable to attend a scheduled meeting, please make arrangements to have an .luthorized agent attend in your place and advise the Building 8l Zoning Office of this change prior to the meeting. Widiom / SlOiLio rd June 17.1994 Ms. Jeanne Mabusth Zoning Departn^nt City of Orono P.O. Box 66 Crystal Bay, Mil 55323 9!3^^ Subject:Request for CUP at 2605 Kelly Avenue Dear Jeanne: Per our recent meeting, in our quest to make improvements on our home and guest house, we untterstand a CUP is required prior to granting building department permits for our guest house improvements. Enclosed with this letter, please find the General Land Use Application and required information for your review. In summary, we understand we need a permit to allow our guest house to be classified as a separate residential unit. Our intent is to use it as an extra sleep*quarters for visitors, and to double as a recreation ping-pong/pool area. In no way do we intend to rent this unit out! In addition, we have approximately a two acre parcel, and the guest house is sq)proximately 650 square feet, of which no additions, or major structural improvements are needed. Please refer to the attached construction/floor plan and photographs of the existing guest house. It is our request to upgrade the plumbing, windows and siding, install sewer and a kitchenette, and provide other interior improvements to the guesthouse. We look forward to discussing this further with you. Sincerely, WiWAm J. Stod 2<05 Kellv Avenue « Orono. Minnesota 55331 Telephone: (6i2) 471-8088 Fxx: (612) 471-0888 0 *' £ • ’ • - V'\r.r*r; ' «>■, ' ’k M M-U7-ZS n OOM- - , lYOZAIW AVf_ _ MIMi * I LINOK ^}Tio9»nM vfnixlip i ilizmctn lcnok ' UT 1 > MkKl PUZN M« 5&SS9 ' ' vf*‘. r* ,/y v, . ' ’ [ ^ , Si ti-li7-2S li ooso* iSStt 8N*0Y»«X)0 m- 7 OHM HAHt KANNA N lEACN ••?v; ,TA)Omi • CUM HOO « % >NAIC/MM- .' EtlS KEIMOOO NAY ^ 'i- • ■ <■ ' • ■ ■ \ NAVZATA fW N'f • ■ ■ sssn •;^>->AXPAVli .f.tv . , *e *^ '1.' '•iV’C Mop;aom . •.f-J'-ZOOIII HAW tAMPAVEi maw /aow Si EO-117-2S lA OOOA 0EA40 KELLY AVE J R A S L VOLKHAR JONH R A SHERRY L VOLKHAR EA4i KELLY AVE EXCELSIOR M4' 555S1 :r A V; i'‘r •' 'if f ■PROP AMR f OMOR MAHE {.TAXPAYER . ‘ name/AMR Si EO-117-2S 14 ddzo CAMS KELLY AVE ALEiA C tURCM ALEOA C iURCH ASaS KELLY AVE EXCELSIOR »M 55351 Si A0*117-AS 14 00A5 OiAM KELLY AVE J M EU6STER ACM EUGSTER JACK EUSSTER/CAROL H EUGSTER AASS KELLY AVE EXCELSIOR HN S5S51 HIMEPIM COUNTY PMHRTY INPORMATION SYSTEM PROPERTY OHNERS LISTSi At<U7-AS 11 M07 •A540 KELLY AVE KIRK K NELSON KIRK K WLSaM ASAP KELLY AVf EXCELSIOR m 55331 Si AP-117-ZS 14 0001 OAAOS LYDIARO CIR 0 L NALTAEN A • J LERVIK GARY L HALTZEN Ronnie j lervik AA05 LYOIARO CIR ORONO m 55331 Si A0-117-AS 14 OOli OAAAO KELLY AVE ilNOER L PRITCNARO ilNOER L SCOTT AAAO KELLY AVE EXCELSIOR HN S5SS1 Si A0-117-AS 14 OOAl 0A5i7 KELLY AVE LEONORA R MITCHELL MRS 0 7 MlTCWlL ASi7 KELLY AVE EXCELSIOR HN 55331 SO A0-117-A3 14 OOAA OAAAS KELLY AVE KURT NEJEZCNLEBA ET AL KURT I CHRISTA NEJEZCHLERA AAAS KELLY AV EXCELSIOR HN 55331 * / V,. • J , IKiS- f 4 '-4 '^-1 ^ i;- I « * # • » I ' HPORT NO. PIASSAil PAPE AlSi A0-117-AS It OOAS 0A54S KELLY AV|N SHIT JR A R C SWT NEIL SHIT JR A RARMRA SHIT ASAS KELLY AVt EXCELSIOR m S5SS1 Si A0>lir AS 14 WOA •A415 LYOIARO CIR » MICNAEL L OILMRTSON ET AL MICHAEL L A KAREN OlLHRTSOl APIS LYOIARO C7RCLI S EXCELS1«^ MN iSSSl Si A0-117-AS 14 OOlt 0A545 KELLY AVE EVERETT J SCHROEOER E J SCHROEKR ASAS KELLY AVE EXCELSIOR MN tSSSl Si A0-117-AS 14 OOAA OAAOS KELLY AVE NILLIAN J srOMARO NILLIAM J STOMARO AA05 KELLY AVE EXCELSIOR HN 55SS1 TOTAL RAT c M 005 00014 *4 ¥> . » , Jfiai\\ •' *' *k.. -I. ' \ ji ^ * -> ^. .•■ • V V' • _ «♦ s: V • .r\ ^ ; I ■ . w » , V-•' •» .* *. V • f . A '■i ^ • ■ * 9t-*r i.' .■••'.I'V' u-'.’ .« ‘I ‘ ’ «'V.' *? v*<- ■ n " ■fy ■'/: •?» y • ' K ^ • •i;• A . . in' I• V4 ^ .JMl MVf UAiM 4-’'y;-'j'i. * '1 »-‘ ’ ♦ ^"lI‘ ' ‘1/ ■ •• •‘*•4' Vv NENNENM CfXMTY WWWTY lNrO«uriaM SVSUH MKVCRTY OMNCRS UST REraiT ND. n«SS4«| tt * . • . > • . ♦ *• > V. ■ • a*M .1 .V r. • r- • *..;. 1 • > "ii • * V. ♦ ■ • 1 •> *y * • • • • -f .% •. *’ • :.V.« V-- ■ • ^ . ^ ••»,. ' .. . ^-•v • I •* V k i ^ -.t. ;i ^''r *»••* r X CXiTirV THAT THE TACTS REPHCSENTEO ARE AN ACCURATE AND TRUE RERRESCMTATION OF INFORMATION AS IT ARREARS THIS DATE ON TDE RECORDS OF THE HENNERIN COIMTY OERARTMENT OF RRORERTV TAXATION, TO THE BEST OF my KNOHLEOGE AND BELIEF. DATE ’ • * * * \ . . t 11* \*v****.y^?v*:, V- v -fs' kV» .•> V'‘v ^ r r’V'* .* ■'*■ ■ . > . • A ^ ' A»*, 4•^1 :.;••• »;.,/> '•;'C.: • ..•>•■ • \ __ _a V * ‘ .i-til ' • * * *S4b--' ■ f ' ;. V-'fi^'V •: -V-^ >v.- Si #.-> . -V .' ■’> ««* ' I*. • it jr *.- t* < * -‘‘-li .>; . u* ...<a -e- ‘ / w . “:' :1-- ■■ w . - riiK 34-^ ':'^<'*'¥5^1SliliA^Sllllli^^%^i'^ ‘l^^i ^^iffiaflL;'’ ,v’5w . .r..:'^W^-.■■n ■■“, K •:■:■' '••;*•=, ■ ■ lif^ ’ ‘ ■TTfWrN^i HBIfe ^i. X •> C1i4^mmm ij} * " ^p);*5Smm|x| ■" :xj, ■ ‘?> ;:;^> ' 72||jr-:'>.' ■:' (^^^■::Mim-- ji :'‘':;V‘:X^t4wiki,'?v^yaijili«^i." f.U ndscaps AREAS UNDERLAIN BY PLASTIC SHEETING (i^/'/COc/c fU (Pi aH G. Other C^O/fcir Total Hardcover in Zone Total Property Area in Zone pump - / /I/.; Ol6tT4L PL 4/APmTXP p z.sn _ _ _ wORKSfiES^ SCT3ACX ZONE: (CIRCLE ONE) 0*75^ 75-25^ 230-500' 500-1000 Existing Hardcover in Zone - - -^ A. House length n/^j X (k/A/K JCi4lAlf^ (jSit^i '____________ X WIDTH 27^?S.F. S > r • 5« r * S.r . 3 . Garage ClvI c. Driveway S.F. S t r • s.r I D,. SlDEWALKi CrC/^AC Mx V^il^ S.F, •it r • S.F. £. P atio/ Deck F. Landscape un^Ilain BY i\^r^OU<iC X plastic SHEETING _________- X S.F. S.F. S.F. G. O ther Total Hardcover in Zone Total P roperty A rea in Zone _ S.F. S.F. 3/ 7(96 S.F. rK .... 2r?-r m 2?X100 Oi-ckL Y- 37^-:^ V/.T6 r 2.y,U *2-^ = lS.«^ 19 * .s 'l / calculation worksheet f^ACK zone: (circle cne) 0-75' 75-2 Existing Hardcover in Zone A. House LENGTH WIDTH S.F. S.F. S.F, S • F • F-3 a. Garage (^^KHiC ^ c. Driveway (p^Av<iL x YelLow Oi>C)(aVA^^ D. Sidewalk \filUu. 4i,c/^ ^: rvy S.F. S. S.F, S.F. S.F. E. Patio / Deck F.Landscape areas underlain BY PLASTIC SHEETING S.F. S.F. S.F. S.F. G. Other k/4.LL x Total Hardcover in Zone Total Property A rea in Zone S.F. S.F. _ S.F. f .... X 100 = 19 - s ^ /i SI r Z,\';'ur«;.it .u pip» E5SHL^r- -;:: '**“' --a-ac'er as secure - Tri lu'sect.or.s =C ‘.ne detci«ental to drainage - » Exclusion of mater3ucp. •3- .- ■ o'^O anc i system. ^326.45 STAT AOTH: MS S 3*6.3. -- V<,..o,.o .s. OP PU.UC ----n • ‘CP* .ny '"p-li,, oth.cwcc. PCOP.Pcc.O P, disc'.arqed ;r.to tne puo^.c sewer *nis cede ec a local ,, accessible, tae -atec • :£ a puoUc water supp*/ *o rt unless otnerwvse drstrrbutron system must -e^^- autaocity. A water o«rmitted oy tae connectraq to a puoUc water out of service tecause a \ ^ .j*, ,uca as irriqatio.n. supply aust wita t.ae Mi.anesota Water oc sealed and aoandoned caapter w«ll construction -=de. (Mu ^ or 00th a.e If eitner a public supply or sewage disposal not availaole. tae publisaed standards of the svstem, oc octh. con • ocovided. administrative autaoti./ :ndependent ^ - every ouildiag must aave .ts • ^ bandings »,..p a pup U c :c peve .«-•- ; .„,cr. ac. poaatcucc.d T,ay be ronr.ected to one uc mote pcivate sewer. pea*............... CP-*;-'!", ;"/, a°i.ca. a.c P/ --Pp rnese mannoles must conform -O -ne sewer autaocity. 326.45 STAT AITTH: MS S .63.6i. 326.3 BIST: > 33 -557: 15 SR '6 4715.0120 CONre^CE ’<■” alnna.oca aca.utaa. Subpart 1. Scope. ^ ? ptumoing Code applies to all section 326.37 ; t.ae «^''*"**f* additions, extensions, piumcing installations. 1 -onnected to a water oc sewag Lteraticns. and ,red by or foe a municipality, disposal system owned oc opeca To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan ami Orono Councilmembcrs Ron NUxirse. City Admimstraior Jeanne A. Mabusth, Building <S: 7,oning Administfator Julv 13. 1994 #1943 Sam and Jovee Marfield, 2455 Scotch Pine Lane Variances IMblic Hearing Pertinent Ordinances 1. Section 10.22. Subdivision 2 - Review of hardcover within 75-250* setback area. .Allowed = 6.370 s.f. or 25% Existing = 7.561 s.f. or 29.6%. Application #450 approved in 1979 Prop<'*sed = 7,607.32 s.f. or 29.8% Hardcover increase = 46.32 s.f. or .015% 2. Section 10.02. Definition 13 - Building height. ’• The venical distance lv-tu.er^n tho highest ndjoining ground level at the building or 10' aKne the lowest ground level, whichever is lower and the top of the corners of a flat roof, or the deck of a mansard riHif, or the uppermost point on a round or other arch-type roof, or the average heij^U of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height." Please refer to Exhibits L-1 and L-2. In L-1 the Inspector determined height from existing grade immediately below elevator addition. In consideration ot the amended building height definition, staff has reconfirmed that there is no need tor a height variance for the proposed observation tower. Review l-.xhibit L-2. staff used the c.xisting higher elevation as it was lower than the elevation determined by adding 10 to the lowest known elevation. No height variance is required. 3. Section 10.23. Subdivision 6 (B> - LR-IA standards. Side setback variance Required = 30" Existing = 10.34’ Proposed = 21’ Variance = 9’ or 30% r /x)ning F-iIe f 1824 July 14. 1994 Pace 2 Ust of Kxhibifs A B - C - D - E - F-I- F-2 G Application Plat Map Property Owners' List Applicants' Letter to Neichbi>rs Dixon Rypka of Tn State Lift. Letter 6/17/94 Surveyor's Certification of Hardcover 6/23/94 Hardcover Fact Sheet Gary Birnhaum. MI). l.e(ter 6'27'94 H-1-3 Letters of Approval from Adjacent Neighbors I - Letters from Joyce .Marfield J - Survey K - Proposed Site Plan L-1-2 Elevations Description of Request Applicant seeks approval ot a side setback variance and hardcover variance within the setback area to allow the installation ot a two-story exterior elevator addition with observation deck at the roof line. The footprint measures 5.67' x 3.17 ’. As already noted above, the structure will not require a height variance but will require a setback variance. The existing garage addition at the east side lot line is located 10.34’. the prop<.)sed addition will be 21’ from the side lot line. There will be an increase of some 46.32 s.f. of hardcover. The applicant has not proposed reductions in existing improvements to offset increase. Review E.xhibits D. E and G. As Mr. Marfield’s letter to his neighbors notes, his wife’s condition makes it very difficult tor her to ascend or descend the interior stairs. The proposed elevator will provide greater mobility for Mrs. Marfield. Review Exhibit I. Mrs. .Martield notes that the Zoning Administrator had advised her that a side setback variance was not needed in preliminary' discussions. The Dicon plat, a fairly recent plat approved by the City in July ot 1974. created lots that do not meet the current two acre standard. The zoning in 1974 allowed one acre lots. The property is located within the LR-IA zoning district requiring two acres in area and a 30’ side setback. The Building Official had advised applicant's contractor in a letter of the need for a setback variance. Note a public hearing notice also n»^ted the need for the side setback variance. Please refer to the signature side of the application. Exhibit A. Please note the paragraph above the owner’s signature specifies as follows: r ♦ Zoning Flic #1943 July 13. 1994 Page 3 The owner hereby acknowledges and agrees to this application and funher authorizes reasonable entr> onto the property by City staff, consultants, agents. Commission members, and Cv'uncil members for pur|x>ses of investigativ'n and verification of this request. It is unfortunate that Mrs. Marfield had not realized that inspections of the propcny are required by the City staff. Plaiuiing Commission and Councilmembers. but. hopefully, we can minimize any problems by arranging for inspections of the site by first calling Mrs Marfield. The telephone number can be found on the front side of the variance application You are also asked to drive up the driveway and park at the prop>eny. This .iction will pre warn Mrs. Marfield of your arrival. Issues for Consideration This application involves an increase in hardcover. Will it be necessary for applicant to match the increase with an equal removal of existing hardcover improvements? Note 7.561 s.f. was approved by a previous Council? Other issues raised hv Planning Commission members? Statement of Hardship) Lot 1. Block 1. Dicon Addition was approved by the City in July of 1974 at 146.75’ in width, the current standard requires 200 ’ of width. The side setback for the one acre zone was 10 ’ in 1974 and the current standard requires a 30' side setback.. 2. In 1979 the City approved hardcover within the 75-250 ’ setback area at approximately 29.7%. 3.The existing residence is located 10.34 ’ from the east side lot line. The addition w ill be located 2 1 ’ from the east side lot line. 4.Dense vegetation that surrounds the residence will minimize any visual impact the structure may have on adjacent residential properties. 5 Applicant has received approval leners from adjacent neighbors, the Lukes to the west and the Hills to the east. Options of Action To approve the application as propjosed or amended. If hardcover removals are to be a condition of approval, please require that these removals be completed prior to the looting insp>ection for the new construction. Isv r CITY OF ORONO - \’ARL\NCE iVPPLICATION Initial Application Fes S200.00 _ _ ($50.00 per each additional vanaijdp/ Renewal Variance Fee $100.(X) • (no change from original applicat^p Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) .1 I 3 1 ■ ■ • i 0 •ttv .-it W A I • W' l WM»C*«ni/ 4' 0 (T r ^ ^ C ' cz Trc —. .' • f y »J*« * a w w ^t »,1 a# f a w %/V'^ V vv'v'V ^ rexi V3 ' UiCi i It • »*» «>vv«vV ' * » vv^^WWAI f ^ ■* I-1 ♦evv* »vw*»v ! ^ * w w' W % • ’ ^ , PROPERTY INFORMATIO.N <7 ^ / Site Address 24-SS^ 4A/, O^ Prepertv' Identification Number (P.I.D ) O'?--2-^ *1^*^ QCQ ______________ Attach legal desenption to application if not included on required survey. - Date Prot^r^- Acquired i 9 ____________________(month/year) I ^do) (^o nt^^also own the adjacent parcels ot land. Present^se or^property: ^ residential ___other (specify ) Zoning District;____________________________________ APPLICANT Address; /5f 'MU. fliQSe. Phene (home) S«^;T., SS~6^ Phcne(work) 54-S Cit\’; ,Ufh*k€T::T^A/ Zip; »53oS Phonahome) Hi ^ ' 3 ^V V Phone (work) OWNER (if different than applicant) Name SN< -j" 0 'i C (T Hi C F/ __ Address: "T ^ *T !Tr f V/- _ City: LvA^-ZAij!^ ^/\Ac= DESCRII’TION OF REQUEST F.stimated Construction Cost S jO , OCO H 7 3-/6 y.y Zip; ^ ^ 6 0 Describe request indetail; AA/ VP— (attach additional sheets if necessary) VARIANCES REQUIRED Lot .Area V Setback: ___Lot Width Front Side X Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRJPTION OF L^XTSUAL PR0PERT\' CONDITIONS Desenbe undue hardship or practical difficulty or unusual property conditions preventmg^ compliance with Zoning Code requirements; Anf?r7KW TV C^iDBK CB (P S-^'^x ^CL ‘^■Vry -b4-,AfT 12£y^//C£^ ---- COf^mC/^ f)C J^C£: /V.prLf^eLQ.________________________ (attach additional sheets if necessary) r REQUl rjMiSin^NflTTALS A]1 of thy following information must he siihmitted hv the npplicntion deadline date in ord er for vour application to hf considere d comp 1 etc: 1. 2. 4. Completed Application Form Certified Property 0\^Ticrs List of owners w ithin 150 ’ (you must obtain this list from Hennepin County' Department of Finance. A-603. Govt Confer, 34S-3271). Plat Map (obtained with property' owners list). Certificate of Survey (signed by a licensed surveyor) and mclude hardcover calculations as required. In addition, provide one (1) copy Sl'i" x 11" for reproduction. Topographic survey iexisimg and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'.^" x 11" for reproduction. Sketches or plans of floor elevation views (provide one d) copy S'.ii' x II"). List of the legal names (include marital stanis) of all persons with an interest in the property'. This would include nameis) of applicant!s) if not current owner(S). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. .Additional items as may be requested by City' staff. The Applicant and Property Owner must sign this application. Please remember that variance application is not comnlete if the above infonnation has not, been,includedjj^ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all inlormation 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 dSsmie and correct to the best of his/her knowledge. .Applicant’s Signature Date OUTSER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City' suff. consultants, agents. Commission members, and Council members for purposes of investigation and verification ot this request. Date Q > "7 I Applicant must have all submittals into the Csy offices 25 days before the Planmng Commission c.- Meeting. Planning Cormnission 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 'HU n 'mTI l>4/0*/f%•ATCH 004moo AOOII OMCR NAMi TAXRAYCR NAHE/AOOII V mOR AOOR , OMCR NAME tAXRAYER NAME/AOOR i i’ y RROR ADDR •'V OMCR NAME TAXPAYER NAME/AOOR '?{'• -T:.* y V • ! 0 n. k t. r,\- ' • • iJ' ' -j • .• 1 • *. pI • • ' . < M Of-117-25 44 0001 02405 NORTH SHORE OR N V tURNETT ETAL C STEVEN MUSON 2405 NORTH SHORE DR MAY2ATA M< 5S5T1 SO 04-117-25 4A 0004 02455 SCOTCH PINE lA SAMUEL S MARFIELO A HIFE SAMUEL S MARFIELO 2455 SCOTCH PINE LANE NAYZATA MN 55541 58 04-117-25 44 0007 02425 SCOTCH PINE LA Mir HTtI H OOU6LAS A CHERYL HILL 2425 SCOTCH PINE LANE NAYZATA MN 55541 HENNEPIN COUNTY PROPERTY IMTORMATION SYSTtH PRW»ERTY OMCRS LIST REPORT NO. PI455401 PAR 758 04-117-25 44 000202445 NORTH SHORE DR OUANE A LUKE ETAL OUUC A LUKE 2445 NORTH SHORE OR NAYZATA MN 55541 58 04-117-25 44 000502425 NORTH SHORE OR DOROTHY C levy DOROTHY C levy 2425 NORTH SHORE OR NAYZATA M4 55541 k- 58 04-117-25 44 0005 02425 SCbTCH PINE LA MAC HILL H DOUGLAS A CHERYL HILL 2425 SCOTCH PINE LANE NAYZATA MN 55541 58 04-117-25 44 0004 02455 SCOTCH PINE LA lac HHALEN LAHRENCE J NHAIEN 2455 SCOTCH PINE LANE NAYZATA MN 55541 TOTAL BITCH 00^ 00007 I SAM AND JOYCE MARHELD 2455 SCOTCH P!NE LANE WAYZATA, MN 55391 VOICE 612-473-3344 FAX 612-473-2363 D DEAR NEIGHBOR: Thursday, June 23, 1994 WE PLAN TO BUILD AN ELEVATOR AT OUR HOUSE. JOYCE*S M.S. HAS GOTTEN THE BEST OF HER LEGS. CLIMBING THE STAIRS TO OUR BEDROOM IS A REAL TASK FOR HER. SHE ONLY GOES UP AND DOWN ONCE A DAY. SHE SELDOM GOES TO THE AMUSEMENT ROOM. OUR ELEVATOR DESIGNER HAS PLANNED AN ELEVATOR ON THE EAST SIDE OF OUR HOUSE. WE NEED CITY PERMISSION. I HAVE ENCLOSED A PLAN IN CASE YOU ARE INTERESTED. THE ELEVATOR ROOF LINE MIGHT LOOK LIKE IT IS ABOVE OUR EXISTING ROOF, BUT WILL BE A FEW FEET BELOW. YOU MAY KEEP THE PLAN. 1 IQr : TOLL FREE j 800 626 6017 r -/ -Ti EGAN, FIELD A NOWAK, INC SURVEYORS %*(NNkAFOlfS A 53436 =5T^> tl ^^^0^9 ittli Sam Marfield 2455 South Pine Lane Wayzata, MN 55391 RE: Hardcover calculations for Lot 1, Block 1, Dicon Addition Dear Mr. Marfield, We have reviewed our previous survey of the subject property. Our records indicate that your lot area between 75 feet Northeast of the lakeshore ano 250 feet Northeast of the lakeshore is 25,480 square feet, more or less. The hardcover total as pe' our previous survey for the 75 feet to 250 feet area is 7561 square feet or 29.7 percent. The elevator you are proposing to construct is dimensioned 6 feet by 7 feet creating an additional 42 square feet of hardcover surface. This increases your hardcover percentage 0.1 5 percent, for a total of 29.85 percent, in the 75 feet to 250 feet area. If you have any questions regarding your hardcover calculations please call me at 546-6837. r ^ \ H.;RDC0VER CALCUL hTION workshee - ^ 3cT3ACK ZONE: (CIRCLE ONE) 0-7S*(^^^~~50^ >l50-3C0 ouO-iOOO' Existing Hardcover in Zone A. House LENGTH width S.F. S.F. S.F. S.F. S.F. B. Garage . X S.F. c. D riveway D. Sidewalk S.F. • r • S.F. S.F. E. Patio/ DECK s. = . S.F. F.LANDSCAPE AREAS UNDERLAIN 3Y PLASTIC SHEETING Total Hardcover as per 1979 EF & N Surrsr— Proposed Elevator Total Hardcover in Zone 7561 42 S.F. S.F. S.F S.F. S.F. *5 'I- 760'3______ S.F. 25.480 S.F, X 100 29.85 Xo U niversity of Minnesota Tum Ctri^n Camp^t V^rrcMif Ke%emrt k mm4 Tm »f On#rr Drrortme^ *jf’\ekrotVf\ MtUH ud 5«. /t.M :v^ i IfHc ^20 Drimimitrt Str^ $ £ W 55453 ArfH^mtmtnts (S /2 fOrW June 27, 1994 RE: Jo\cf M.irfit ld ril#: 11779339 Ms_. Joyce Mart'ield 2455 Scotch Pine Lane Wavzata. MN 55391 Dear Ms. MarfielJ: You are under my care for vour neurologic condition, which makes it very difficult for vou to walk and move alxvut. This condition also causes you severe fatigue. Over the years ’ your neurologic condition has progressed significantly. For your satety, I recommend you consider providing yourself with a mechanical device for going up and down stairs. If your home cannot be luted w ith an internal mechanical device, an external one would be reasonable. I hope you are feeling well GB'mm 1 w-I- <L / \.y Ci<^. LX- /■ ;/ JCei-^ / • ♦^^jL iX^ »-o 1 -—*•»/r C>< /u^C-L ,4^ 0 CJ<^L^\ C-. . . ,- ’^’ y \' 1 I 1 i J City of Crono Municipal Offices 2750 Kelley Parkway Orono, Mn. 555% July 11, 199U Re:Application S^1945 Sajcuel and Joyce Marfields reauest for a side setback and hardcover variance to permit construction of a 2 story addition what will house an elevator shaft. Dear Planning Commission Members: We are located on opposite side of Scotch It is our intention to notify you that tiq are them we have no objections* 214.25 Scotch Pine Lane r SAM AiND JOYCE MARFIEI.D 2455 SCOTCH PINE LANE WAYZATA. MN 55391 VOICE 612-473 3344 FAX 612 473-2363 JULY 12, 1994 TO: JEANNE MABUSTH RE: LAND USE APPLICATION OF SAMUEL AND JOYCE MARFIELD DEAR JEANNE, HERE ARE TWO MORE LETTERS FROM MY NEIGHBORS STATING THEY HAVE NO OBJECTIONS TO OUR BUILDING AN ELEVATOR. 5^ ?8 . "TIeE ?Sa? ’ ?HE REQUEST FOR A SIDE SETBACK IS STILL INCLUDED AS IT WAS IN THE ORIGINAL LETTER OF MAY’ 2 5 TO MR. COOPERMAN. WHEN YOU AND I MET TWO WEEKS AGO YOU STATED THAT WE WERE NOT REQUESTING ANYTHING THAT WOULD REQUIRE A VARIANCE IN SIDE SETBACK. PLEASE LET THE PLANNING COMMISSION KNOW THAT. EITHER MR. COOPERMAN OR SAM WAS TOLD IN THE BEGINNING THAT IT WOULD NOT BE NECESSARY FOR US TO MEET WITH THE PLANNING COMMISSION. WHAT HAS CHANGED THAT? THE NOTICE TO DO SO CAME AS A SURPRISE. I DIDN'T REALIZE THAT THE MEMBERS OF THE PLANNING COMMISSION WOULD BE COMING TO MY HOME TO VIEW THE CONSTRUCTION ^ITE. WHEN THEY DO, I WANT MY ARCHITECT TO MEET THEM TO CONDUCT AND EXPLAIN IN A PROFESSIONAL MANNER WHAT WE WISH TO DO HERE. UNANNOUNCED MEETINGS ARE STRESSFUL FOR ME, AND I WANT THEM HANDLED BY MY PROFESSIONAL. THAT'S WHY I HIRED HIM. MY ARCHITECT, MR. COOPERMAN'S PHONE NUMBER IS 545-0409. PLEASE CALL HIM TO SET A UP MEETING TIME. THANK YOU FOR YOUR HELP. SINCERELY, J r 07-13-1994 06:2S=« 5^ :E-.r EU 4.- ------4-30510 P.01 SAM .AND JOYCE MARFIELD 2455 SCOTCH P'NE .ANE WAYZA7A, V,N 55391 yCiCE 612.i73.3344 «AX el2 473-2363 July 13, 1994 3Y FAX (NOT XAII.ED) TO: JllANNE MABUSTTi RE: LAilD USE MY REQUEST THAT THE PLANNING COMMISSION MEET WI.H MY ARCHITECT IS PROBABLY OVERKILL. IF THEY JUST NOTIFY ME BEFORE THEY VISIT IT WILL HOLD DOW»I THE STRESS LE1<’EL AND I CA27 HANDLE IT MYSELF. THANK YOU N. >,A SINCERELY * \ ''.J JOYCE MARFIELD I J . I i'V-’-,’ '•5w^v,'t • V "*^' v.;v;> .' . * ' i'-r it 'v-J.» I .*» 5 . / VV :;:f . V ' * iv‘v ... Ife ■' ^ i/* . ^ * <1: i 4 ■•r'r - 'W W: -t ' — ij J’l.V;-..ifetej- detail Sc^k: r* /O' ; >AHAu£ IJi \ v '* ‘ ^ *•' s»%. " «;■•••■■■:■ •. 4. • . 4 ■ ♦« ^ V ;. v*y ^ *r ‘ * •* .V‘ ."'V. " • !' . /d r • ? 1 /,..■• tiv; • . ■ ' k ’• ,v iSfif-j:-- • •» V ; A - -i i.M i j ■ y.‘ »•'-» i;.]l |rr^;rf'; ;■ : . . ! I • • ■ ,'». *• ■I .’ 4 , V / \ vlPr/Vtfvvay removed " s. % Ay M ‘ :#• •»V., '.♦ (ZZZ777//? 5- 2'' F ' r -------- : N \ ) rt brXl-DllKUi KjiaCH EMEMEhIT PLKN FIR1 E.LEYATION TO: FROM: DATE: Orono Planning Commission Members Ron Mwrse. City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Ju!v 12. 1994 Sl'BJECl’: #1944 Bradley and Dina Etherington. 4055 Elm Street - Variance - Public Hearing Pertinent Ordinances Section 10.24. Subd. 5(B) A. Lot area Required = 43,560 s.f. or 1 acre Existing = 19,920 s.f. or .46 acres Variam:c = 23,640 s.f. or 54*1^ B. Lot width - Per Section 10.03, Subd. 6(A-1) Required for existing lots of record = 112’ or 80^^ Existing = 118’ or 84% No lot width variance required List of Exhibits A - Application B - Plat Map C - Property Owners List D - Surxey E - Drainage Plan/Lot Area Surxey F - Topographic Map G - Council Minutes 7/78 II - Council Minutes 6/80 I - Planning Commission Minutes S/88 Description of Request The owners of the subject property have initialed their forth variance application to allow the sale of the property as a buildable site, review Exhibits G. H and I. In 1978 and 1980, the City granted lot area and width variances to the Fullers and in 1988 a variance application was tiled but applicant failed to proceed with application. As with tlie earlier reviews, there is n • development plan for the propeny. Review E.xhibit D. the subject lot has adequate depth and width to allow construction of a residence without the need of any setback variances. The property is located in the 250 5CK)’ lakeshore setback /one and would be allowed 5,976 s.f. or 30% maximum hardcover Ihj*. would be sufficient area to allow construction of a single family residence with the nomial driveways, decks and other accessory improvements. [i' > Zoning File #1044 July 12. 1994 Page2 TTie subject property is similar in si/e with neighbi>nna dexeloped propenics. review 1-xhihii R The property is kx;ated to the immediate south of the propeny at 4030 Elm Street that was granted an area variance earlier this year. There is no adjacent unde\eloped lands available for purchase to make this lot any larger. In fact, it is the largest of the lots on the s«>uth side of Elm Street. Note variances were granted to bOl and 615 Minnetonka Highland - part of Minnetonka Summit Park Plat) in 1975 and 1976 Ever since the inception oi the zoning axle and area standards, this area has been /oikM 1 acre minimum lot size. Minnetonka Summit Park subdivision was platted in June of 1912 prior to any zoning standards for the City. The pattern for development has been the combining of the various substandard lots into single building envelopes. The property is served by municipal sewer and the three lots have been each assessed a third unit for a total of one sewer unit. The assessment has been paid. The lot has steep topographies but not so steep to .suggest any difficultv in constructing a residence. The steep elevations along Elm Street will necessitate deep cuts into banks to provide access drive to the building site'. Applicant must obtain a driveway permit trom the Public Works Department. As already'noted in the earlier reviews, a culvert will be required. The Public Works Director will note the required size and approved type of culvert. Upon your site inspection, it will be dilticult to determine the e.xact boundaries of the property but the culven that drains under Elm Street from the unapproved right-of-way at the north side of the road, refer to Exhibit E. is located at the mid-point of the lot -- very- close to where the real estate and City land use sign have been placed. A shed appears to encroach into the propeny along the west lot line. Issues for Consideration: 1. Staff has been contacted by the owner of 615 Minnetonka Highland who is opposed to the granting of a variance to allow construction on the propeny. lie claims there will be a diminution in his propeny values. In review ing the pattern of development of this neighborhoixi and the previous variances granted to this propeny and to adjacent properties, can the City deny the current renewal lot area variance? Zoning standards have not changed since first variance approval in 1978. ... Are there physical constraints or limitations on this property that would prevent potential development? 3. Would the development of the subject propeny be consistent with the pattern of development within the Minnetonka Summit Park neighborhood? Zoning File t3^1944 July 12. 1994 Pagc3 Statement of Ifardships 1. The property has been assessed for a scucr unit and sewer is available 2. TIk kH has sufllcieni depth and width so that nonnal setbacks of 35* from. 30’ rear .ind 10’ side can be met. 3.The 19.920 s.f. lot is consistent with developed lots w ithin the neighborhood rancine from 12.000 s.f. to 37,000 s.f. ^ " Options of Action To deny the lot area variaiK'e as proposed. Planning Commission Members should refer to Section 10.08. Subd. 3(A 1-12) for the necessarv findings; or To approve the renewed lot area variance application subject to the following conditions: 1. Prior to the issuance of a building permit, applicant/owner must apply for the legal combination of Lots 7. 8 and 9, Bliek 9, Minnetonka Summit Park. I pon application for a permit, applicant shall review access location and grading plans for construction of driveway with Ihiblic Works Director. Applicant shall provide detailed information on size and type of culvert to be installed for Public Works Director s approval. 3.Based on findings that there are no physical constraints and that there is adequate lot depth and width, the residential development of this property shall meet the required setback standards of the LR-IB Zoning District and the hardcover allowed for this propeny at 5.976 s.f. or 30^^ ind CITY OF ORONO - VARIANC E APPI IC ATION Initui Application Fee S200.00 (S50.00 per each additional vanance) Renewal Variance Fee SI00.00 (no change from ongmal application) Variance for non conforming stmctures $20^^ After the-Fact Fees (Double application fee),/ f *9 • ' Tr ^ , ^ w A I I * wirr fiT PROPERTY LVFORMATION Site Address ^CSS A w wA *. V VVA V c>E;:a A V w' # V y ».V» U A V'V • w Property Identification Number (P I D ) 0 6 (I ^ ^ ^I OO CL .. • gf. . Attach legal description to application if not iiKluded on requmed survey! " Date Property Acquired______ _________ I (do) (do not) also own the adjacent parcels of Iar:d. Present use of property: residential ___other (specify) Zoning District:_____________________________ (month; vear) APPUC Name Address: Name .1 Phone (bome)>.^33 ^3^7 1/ ^ D i r fA fta A Ph^)ne( work) jF7V-3g7tC P . "•^ City://^U/Ho^^______Zip: Phong home) ^33 ^ ^ ~7 Phone (work) Cs^lS' OVi'NER <^f different than applicant) FLlUr rnone (worK) j:,6 2 /< Zip. S^\i DESCRUn iON OF REQUEST tstunateaLonstructionCostS________________ Descnbe request in detail: \/^pa^fy /vo4 g g_yfyr/-g*w< Af Estimated Construction Cost S (attach additional sheets if necessary) VARIANCES REQUIRED V" Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage .Average Lakeshore Other (specify) HARDSHIP/DESCRJPl ION OF LTvXSUAL PROPERTi" CONDITIONS Describe undue hardship or practical difficulty' or unusual property conditions preventing compliance with Zoning Code requirements: fJc) (( Its tu » (attach additional sheets if necessary) fKR/I(nr REQUIRED SUBMITTALS nc '-Qriun L.'» \jn v/i -rrrrr •i' ^ C't f X Cr|» f 'M AA 1 V' V' • V V 1/Vi ,h^ ' ' i / “ 4 / C • v'w*/ <--T/ 7-y i!) ,+ All of the following information must be submitM by th.^ii>plicatton deatllinejlatcjn^r for vour applicatiun fo be considcmt cotpglgtgi 1. Completed Application Form 2. Cemfied Property Owners Lrst of owners within 150 ’ (you must obtain this list from Hemapin County Deparonent of Finance. A-t>03. Govt Center, 34S-3271). 3. Plat Map (.obtained with propert>' owners list). 4. Certificate of Suney (signed by a Ikcnsed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy x IT for reproduction. Topographic survev' ic.xisting and prof?oscd elevations) it anv changes inc.xisting grade are proposed. In addition, provide one (1) copy Sl-i" ,t il" »cr reproduction. Sketches or plans of floor & elevation views (provide one (1) :opy 84" x 11"). List of the legal names (include nunul status) of all persons wirh an interest in the property. This would include name(s) of appiicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons vou wish notified ot this application. __.Additional items as may be requested by City staff. 5. 6. 8 The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above inforroation hdg nfft lyeen included, APPLIC.ANT ’S SIGNAIURE 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 applicauon. and cenifies that the information supplied is true^^k^orrect to the best ot his/her knowledge. .Applicant's Signanare' OWTvER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verirication of this request. Owner’s Signature Date 3/i y Applicant must have all submittals into the City oftices 25 days before the Planmng Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 TT K ''H'Ti A«*• ^«■"S:- %—1 ✓>•\.. X -.JL1 #1 *•- 5 «#%'i -• ’_ (Ns&£1C-*«.''b1?-siw»JL iacfM'j^ ; AUM* Mti M/22/M MTCN Pit /H* r.. iv^ \MW AomTAX^AYfANiHE/AOM ;-A ,' OMCR Mm 4;4. TAXPAYCH V NAm/ADOR iv^• * 1M4 i'nwp Aom ^ (M«R f4Am TAXPAVER NAm/AOORX J. •l!. PROP AMR ■e'V; c»t«R NAm TAXPAYER 4' MAm/AOOR I I' PROP AOM OMCR NAm TAXPAYER NAm/AODR PROP AMR OMER NAm ?r TAXPAYER i' . . • NAm/AODR I ‘ /•■ li PP*117-ES At OOtl DOOM AMREM UNAASIGNEB S R I • 0 RUM STAmET N A Pimr 0 RUM Ml PARK ULOHO LAKE m SS3S4-T74S Si OP-117-23 PI M72 OPPSO ELM ST e H ROSCOE A R H ROSCOE 6E0RCE N ROSCOE PP50 ELH ST LONB LARI fPI 5S3SP Si PP-117-23 PI MP2 MOSi AMRESS UNASSlGNtS KAREN PULLER KAREN FULLER 1P77 LONB LAKE RO NEN BRlOrrON m SSllI Si 0P-117-2S PI OOPS MSPP PARK LA MENmPIN FORFEITED LAND CITY OF ORONO STREET A DRAINAGE S/23/iP SO 1PP505 Si OP-117-23 PP 0003 OOPSO HI»««TONKA HCLO LA J L EERO A S R BERG JOHN L BERG A SHARON R BERG P50 raNmTONU HIGHLAND LH LONG LAKE rt< 5535P Si 04-117-23 PP OOlP OOPSO PARK LA H E A J H NROBLEMSKI HILLIAN E A JOAN mOBLEHSKl PSP PARK LA LONO LAKE FM 5535P NE^MEPIM COUNTY PROPERTY INFORnATICN STSTEN PROPERTY OMNERS LISTSi OP-117-2S PI 00S9 OPPPl OAK ST N fUmPRBCM A D lUmAMCRG 0 MAFR1ARMRG A N MATPIARBCRG P081 OAK ST LONB lake HN SSSAP Si 04-117-23 PI PORO 09P15 HIFPCTOmP MLO LA L N MILE A H J LEE LANCE H mile A MARTHA J LEE Pis MTKA MIGNLANO LANE LONG LAKE ttl 5535P 38 04-117-23 PI 0083 OMSa AOORESS UNASSIGNEO KAREN FULLER KAREN FIA.LER IP77 LONG LAKE RO NEN BRIGHTON HN SS112 3« Op-117-25 PI POPP 005BP PARK LA HEr«€PIN FORFEITED LAND CITY OF ORONO street a drainage 5/23/BP SO 1PPS03 38 OP-117-23 PP 0005 00PP9 MirtCTOmA HGLO LA S V SHANTEK IPG SNANTEK. STEPHEN A PATRICIA SWMTTER PP9 HINIKTOMU HGLO LA LONG lake FR4 553SP TOTAL BATCH 018 OOOIP REPORT NO. PIPSBPPl PA« SBSi OP-117-2S PI POPP PPIOO ILN ST LUO L GULLICKSON LUCY PULLICKSON Plot ELM ST LONG LAKE Ftl SS3SP SB OP-117-2S PI 0001 POOSB POORESS UNPSSlPmO KAREN FULLER KAREN FULLER 1P77 LONG LAKE RO NEN BRITTON HN S5112 Si 0P-117-IS 41 OOiP MSPP PARK LA MCRHAN LAUE A MIFI HCRHAH LAUE SPP PARK LANE LONG LAKE Ftl S5SSP Si OP-117-2S PI Mtl OOPOl MIFtCTOFKA NGLD LA C CURTIS LEE A NIFE C CURTIS LEE POl MINNETONKA HIGHLAND LAm LOFC LAKE HN 55SSP SB 0P-117-2S PP OOOP MPSP HlFilETOFPlP HGLO LA R M A K L SPCETCR RICHARD H SPEETER PSP HINNETOFACA HGLO LA LONG LAKE Ftl 55S5P * p ' r * .tv,. J 'I ' " oi / .V * - *■■■ A , •J. .-v‘4 V.. J 9 / ‘il : J. • I ■ »i I ' , I .-V, .. r; •■.If:.* -.'r^f: ^ . *> i ’ f A RUN OATt e«/Z2/9%lATCff Oil:r v<4--' 'county MORfRTY IHrORMATlON SVSTtH RR9tSTY OtClS LIST RffdlT HO. 9t«IS*01 RA6t SI■ * •. < . • '• i ff ' ##*%■*t . Ai*:.V«^4- /• .• • » .. » 1 p *. ♦ ‘ '•>■*;■ *• •. ‘f ■ M l! •■§ » • • ■* H # 1 .i »-V 't Wvc: - " ■\^ ^ X'- • :• m •■■■■'. '■ *7 .»-t' * • 1 CERTITY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TROl REPRESENTATION OF INFORMATION AS IT APPEARS IflS MTf ON THE RECORDS OF T»'E METP«PIN COUNTY OEPARTMENT OF PROPEPf/ TA)OF10M*<TO THE DEST or M» ANOHLEDCE AND RELIEF. . /X 0... / ■}tm> ♦ ^I .'• -« JL^ I^ 1•U '• T'‘• .V'.'v b> ,•* .- ‘V ,slf ^ • Ra J Q * ^ . r: ;' iV • # . . ^ A ^ R=»fe . « «*••• • * ;■♦•: i.* P . *'» » ■ ", • • •v’l 1^’ ‘.ft V • V e • ■ 4';*^ ■ ■ i • ’ • ■* I'ft :'t ^ vt' ^ ■i , ■ * -i'-'Vi-i r 14 ■ « ■4 ^^ei/4f«'<i/4^ .-;. u:.'-r r::x/. • . • '• • . - •'• . XT •* • ' - :, '-•. ••»'?*•••■■ • ?-! -r ♦>-'•• ■ •\20.0 P’.oT• •rus.1: >Aear *% . ^ r-• r Lots 7, 8 ajid 9/ Block 9. Minn«tonk<t Suawtit Park, Hennepin County, Minnesota wt H(ti»f CIttilT Tma T ims rs * ttuC *ns COiilCr •CPtlllNIAfiCM Of * SUtvIT O* K?U»*CIAI,?J C» 1H| lANO AlOvr CISCmiO.aMO 04 TmI IOCAT iOM 04 AU »U»lOi»*Cl, I# TwtltCN AMO Ml VIJUll fMCIOACMMlNTS. 14 A4‘t »»OM 0« Of* JA)0 lANO Zmtmd iHI..,. Jonf , 1 AO If 16 V c t. ^50/n r *. - r «^ -i;0 .*«,■■ :‘s!•#!■: O’ i. ^ ' / •«'. X*- -r/ri? <•5*4o|k ^ 1 ! 1 1 :l • V f f^k _ B-( - H/»%. «. •^TV^^'7*“— i^j«tT“ / •'f* ~ /I, ^ n, ^*00 4^ OOO , "7 do 4^ ^OO 4^ 35*^ 000 ^ TPd Y CzB^sr m r »v• , • *Mr.c vOmO^OOOSCZL/ JULT 25, if 71v» .■-'’/>•»• 14^tbM MxvioM th«t his czTY FZjyiHzaainRnfor tho City of Orono which (Centiauod) <,^ * .Uw »jay xolwisiv Load Us« PIoa«Ordlas*- _• «ad Stafsnt. Ti*..y will givs-Mtaeal oooist«>oo to tho City Council and tho It woo ooggootod that ono hasio oap with savoral ovorlayo would bo oao of tho first itaos to bo attondod to| also* a nrTlttas of swosibly two coiinnll—diara and two Flaaaing CrTlssion aaabors to mmt with tho Flaanoro to acquaint thoa wiUi tho dasiroa of tho Cityi aod^ to prosont iasuoa to various oth r ogonoioa as roq^rod. Coancilasabor Hassongalo inforaod tho Planning Coi^aultaats that tho City of Orono enjoys a good public iaago and wolcoaos input froa citizens. Good public relations is a necessity. Kayor Van Hast discussed the fee schedule suggesting a preference for an hourly ^ate versus a fixed rate. The City Council requested Bruce Malkorson, City Atusmey, to review the proposed Agroeoant and present to the City for signatures whan completed. Hassengala noved, Pesek seconded, to request the City Attorney to redraft the proposed contract for appointing the firm of Isberg, Riesenberg, Chelseth 4 Associates, Inc. as Planning Consult^mts to include hourly rates as opposed to fixed fees, cost of aaterials, and to authorize the Mayor and Dick Benson, City Administrator, to sign-off when ready, to be effective upon signing. Motion, Ayes (4) - Nays (0). Nobody present concerning the rezoning request of Janes McCleary, 3445 Bayside Road. Deferred until the next meeting. • - V RE20NING 3445 Bayside Road 1390 - James McCleary M«*/or Van Nest moved, Pesek seconded, to adopt Resolution #922, A Resolution Approving A Lot Line Rearrangement Por Michael Ankeny And William Noll. Motion, Ayes (4) - Nays (0). hi.'* Mr. Alan Olson, City Planner, .entered into-tho.'-c.\ record the. request for s variance of George>Matohett, 4055 Elm Strsst,. dated June 21, 1978, which stateej>: The applicants wishes. to construct a new hone on an existing vacant lot. The property consists of thrse separate parcele totaling; 19,920 sq.^* ft,c.(0,.4i7. acre). -5‘<- a •eW V>i •» • uaiaL eJ a V «4 a * RESOLUTION #922 Michael Ankeny willian Noll y ' " a: VARIANCE ,:: 4055 Elm Street 1401 George Matchett (Continued) m t'i «1* •' V^ oao«o cow^■^^■■^5!rc«2*«J"'ieoSu ”**ilS^“ ““ SJJ^5r? it_.SiI2v;i-^22r,iif«»-'•’«!.»«. 1»7»<tL ■'»•- iI #vajuahc*4053 tXa. (Continued}iSKW«i»W»woiiu «• th«The house3^rr:v-^««. lot. ti/ro„rri.%'^j,.„. __________■ *"* ""• •»« lot vidth ^ SStTSM?^’ w'J m •>• '‘• Vtriweai ii'JiJ ■’* *‘- ®2»r“' ■•; K;.... n^lp. no .Mltl.n.1 l„d .vnutbl,. Honnln, C«nl..lo„ «..tl„, - pjresent . to tho varlJmco .Ivfr* wh.roln1?*^ *ny h*rd*hlp« Suld^ ^ not Ouoouon* w«r« <*«non.trat«d. Planning CoMalation <lrainag« ^vlaw of drainaga and raouaafl^*^*^^®” Pending ^ P-aaant to addraas ComSlIion^ applicant to Staff Nota - Juna 28, 1978 ™o« 1. . i,r„ rlght-of-vay of Park Avamir £h*^^*? »indoveloped flow aouthwaatarly, Thl.^Tturns to proparty. ^low i. off the subject the require crossing of work, departinent. Mso to the p^Uc nust be such as Proced^re^ the ditch at "Citation or clogging The following table compares ad-i sublet lot. ,! proporti... lit :v. i: v--r — —4100 Ela Straat* 12,000 aq, ft. ^^anca approved 6-24-75 4060 Ela StJIItj 24.7nrt - 4030 Ela Street ^•9^ 15 e j|:p li: .*’; n.- %. .(Continued) - * ■!s^ • ’ 1 i a ♦'.v «•».i* d •OQQMCXL, JOLT 25, lf7t - July 10, 197a *v^S■Opawral o£ varlttc** finding pronna«l tiM nnifhborlioed and a hagdahip tlwiir laadr aynilabln, aubjact to no mrim—, to logal^ lot coobi nation and to .af:dgiy—ay and eolvnrt by tha City Public OooMll H—ting - July 29, 197t \ t, Maaaangalo aaoondad, to approva thn nguaat for a rarianoo of Cao.*gj Matchatt, 405S lla Itraat, par tha Planning Coaaiaaion r«con- ■aadations of ^uly 10, 1971. Notion, Ayes (4) - ■ays (0). r»y*;p«gi^xr *VXEZANCB 40S5 Zla atraat(Continuad)-it: •a i • fdf *dU * . Nr. Alan Olson, City Planner, presented the City Council with a letter to Russell Nenkstem, 645 North Asa Drive, dated July 19, 1978, which states: •The City Engineer has reviewd the sewer connection nent formula as applied to this property. SENZil.ASSBSSNEm . t 645 North Asa Drive • 383 Russell Wenkstem Consistent with other such unusually shaped properties, and with average assesaaent charges in this project, the lateral charge will be based upon the average lot depth, in this case 150 ft. (as opposed to the actiMl lot width of 355 ft.). Therefore, the City Engine# *s Jissessment calculation is as follows: Plant Charge - $110.00/acre X 1.22 Lateral Charge - $18.30/£t. X 150 Unit Charge - each Total due with connection End of letter S 134.20 2,745.00 3,859.05 $6,738. ' Mayor Van Nest nusved, Pesek seconded, to approve the assessments for Russell L. Wen)^stem, o45 llozzt Arm Drive, in the amount of $6,738.25, per the above. Motion, Ayes (4) •> Nays (0). Butler moved, Pesek seconded, to waive the Planning Conaission review for a variance request of Gloria Dotaenrotb for 3085 Casco Point Road, tlotioo,^ Ayes (4) - Mays (0). VARlAilCE 3085 Caaco-Point Road Gloria .Dotzenroth (Continued) i.«' s. w . # ^ t„. .iV. ti- .. hi 19,920 aq.fc. 19,500 aq.ft. 17,500 aq •ft. 12,000 sq.ft. 24,700 aq.ft. 15,000 aq.ft. 35,000 aq.ft. July 10 1 f 978 2.Cc^bine fcu.‘• 3.All improv?- 1in'cd to t • ^ nv o 1V t nc ^ ? ‘bJVC 1 ■ 4.Condit ior.al on ly. u$0 r 't o: Coun!_'il *'3<?tang - V* \J - c ^ 0 # 1 9 ® 0 k:4 •KLETINC OF THE OFONO COONC’L. Jv^E 30, *9i01 Lo\s 7, *. ^ • oust be cc.nbined as cne fcu4lding site.2. All construction to meet setback of t^e zoning district LR-IB.,•«. Public wo-ks Coordinator to d«'t*TOine culvert sue for proposed driveway. Counc.l Meeting - June 30, 1910 Paurus roved. Butler s»*conded. to approve the variance request of Mark Fuller, 4055 Kim Planning Comssion recc.mrcndat ions o. 4.u. e • * Motion, Ayes f4) - Nays (0). Jeanne Mabustb. Zoning Administrator, entered into the record the request of Alan Dale, 269C Pheasant Scad, fon vl^iance. dated June 24, 1910, which states: Zoning District - LR-IB 1. Side yard variance; Required; 10’ Proposed: H '/a r iance; 3 ' Hardships: 304 Page 22VARIANCE 4055 Elm Street (Cont *rued) VARIANCE 2690 Phcasai’.t Road • 5CS Alan Dale :s:- ifca no adjacent land avaiU-ie b) house location on lot The Dales have recently constructed a deck 28* X 20’ on the rear of their home at first flcor level extending 4* from their neiqhbor’s property line. They would like to construct'a 16’ X 16’ screened porch over the west edoe of the deck that will extend 7’ from the side orepertv line. The screened porch is considered an encroachment <31.433) and will require a sotbacx variance, we have been advised that the neighbor to th'’ west does not oppose the application. We have not received written comments nor did he make an appearance at the action meeting. Council “eeting - June 30, 1900 Butler moved. Hurr seconded, to request staff to draft a resolution approving the variance request of Alan Dale, 2690 Pheasant Road, subject to the porch never beino enclosed and made a par^ of the house, to be entered into the chain of title, and that the drainage from the roof be u*rected to the south. Motion, Ayes (4) - Nays (0). . V* -V J Road I • - ▼ HZMim or TVS ruuoiisc conusBior hkxtxk; agt-a locust is, isiatmrm film tisi? coTiwmapproval of application 11)17, par staff racoaoandations, flAdia^a and conditions. Motion, Ayas-a. Mays*2, Motion passad. mit tOAD 1. asaamat 1745 POX ttmm POBUC KXaXIBC Affidavit of Publication rr.d Cartificata of Mailing wera notad. Tha applicants vara not prasant for this aattar. It vas aovad by Kallay, sacondad by Johnson, to tabla IDIB ^iil tfia ooat Planning CosMission naating so that applicant can bta-TTTaiant.—^ nauoitl3lf 4055 I Mwmmau vaitati PtnUJC UAXIK Tbo Affidavit of Publication and Cartificata of Mailing vara fha applic.nts vara not prasant for this rattar. It vsa aovad tr/ Kallay, sacondad by Jonnson, to tacla •1319 until tha naxt Planning Coaasission maating so that applicant can ba prasant. • 1)30 Da. AMO MAX. BOBAAT liAAMOIOIhURG 719 MinrrOBXA bicauuids laaa rOBAIC MBABIBC 5il7 P.M. TO 9i22 P.M. Tha Affidavit of Publication and Cartificata of Mailing vara Tba appllcaota vara praaaat for thia mat ar J •* «■. a> im «aplAla#d that thm applicmots wmrm making approval 1^' ■ vax ta aoo a to rocmotxuct a acroon porch and aniatiog d#ck OA th# lakaaido ot thoir hoooa Tha asiating dock was ^jroo tod opyroalaatoly 10 yoara ago with untroatad wood and la -H* .. ^ AooditloA# Thay woold Ilka to raplaca tho atructuraa In iocstion but with a dlffarant coof Iguratlon. Thara a rawlaloa to tha aaiatlng walkway. Tha raplacaaant ^^atractwzaa wHl aaoroach no liirthor into tha viaw llna and will ^ Inwlalbla from tha nalghhorlag proparty to thn northwoat* ^ tsmrm la wlrtoally no Incraaaa in hardcovar in tha 75-250* lona. P^^a wara no coaMnta from tha public ragarding thit nattar and tho public haarlng was cloaad. * 4 'J TO:OrofX) Planning Commission Members Ron .Mt¥)fse. Citv Administrau'r Jeanne A. Mahusth, Building Zi’>ning Administrator DATE:July 12, 1994 SCB.IECT: ^1045 Roben and Velma Wolff. 4450 Forest l ake Landing Variances iniblic Hearing Pertinent Ordinances .Section 10.22. Subd. 1(B) - Average lakeshore setback vanaiKe Existing deck encroaches average lakeshore setback line by 26' Propcised I0’xI4* three season porch placed over existing deck will not extend beyond lakeside of deck Section 10.22. Subd. 2 - Review of hardcover A. 0-75* setback area = 3,825 s.f. Allowed = 0 E.xisting » 26 s.f. B. 75-250 ’ setback area = 6.761 s.f. Allowed - 1,690 s.f. or 25% Existing = 3.513 s.f. or 51.9*? Ihoposed = 3.513 s.f. or 51.9*? No change in hardcover proposed Section 10.24, Subd. 5(B) - Side yard setback variance required for intensification of a structure within sub.standard side yard Required = 10' Existing =6.5 ’ Proposed =6.5 ’ Variance = 3.5 ’ or .35% Section 10.03. Subd. 14(C) - Review of lot coverage Total lot area = 10.586 s.f. Allowed = 1,587.9 s.f. or 15% Existing = 2.052 s.f. or 19.3% Proposed = 2.052 s.f. or 19.3% J, Zoning File #1945 July 12. 1994 Paee 2 List of Exhibits A - Appltcaiion B - Plat Map C - Property tiers List D - Hardcover Fact Sheet F - Hardcover Key Site Plan F - Hlevation G - Survey i>cscription of Retjuest Applicant profxsses the construction of a 10‘xl4* three season porch to be installed within the southwest comer of the existing lakeside deck. The structure will encroach no further into the lakeshore yard, substandard side yard setback nor encroach any further beyond the average lakeshore setback line. Hardcover within the 75-250' setback area is at 51.9%. Applicant proposes no changes. The three season porch will have a minimal impact on the residence to the south side. The residetKe on the north side will not see the porch because it is located on the opposite side of the house. The City has received no negative comments from the occupants of the residence to the south that will receive the most impact by the improvement with e.xisting side yard setback at 6 1/2'. Statement of Hardship 1. The three season porch shall be installed w ithin the envelope of the existing deck. 2. Ihe principal structure on the south side is kKated closer to the lake than proposed three season porch. 3 The three season porch w ill be located at the southeast comer ot the lakeside deck and the residence to the north will not see the stmeture from either the view windows of the principal structure or the lakeside deck. The residence was constmeted prior to current lakeshore/shoreland standard. The property does not meet current standards ot the LR-IB Zoning District requiring 1 acre in area, the subject property consists ot 10.586 s.f. ^ The require lot width is 140'. The average width of the subject property is 54’. Zoning File #1945 July 12. 1994 Page 3 Issues for Consideration Applicant has not proposed reductions in hardcover, as they advise they are iK>t adding new hardcover. The proposal does consist of an intensification of structural hardcover should additional structural or nonstructural removals he considered: a) 380 s.f. or 5.62% of landscape area underlain with plastic. b) Approximately 543 s.f. or 8 03% siUewalk/paving improvements Should applicant be asked to reduce existing haj-dcover when application does not involve an increase in hardcover .* 2. Structural coverage is at 19.3%. Tfie only possible reduction in stnictural coverage tm this property would be removal of sections of the existing deck. If structural coverage additions are not proposed, would this be necessary? 3. Other issues raised by the Planning Commission. Options of .Action To approve the variance application of Roben and Velma Wolff that would {lermit construction of a 10 ’.xl4 ’ three season porch within the southwest comer of their lakeside deck grrmting hardcover variances within the 75-250' setback area, a side setback variance of 6.5’, .i 26 encroachment of the average lakeshorc setback line and lot coverage variance of _?_%• subject to the condition that all improvements scheduled lor removal must be completed prior to the first trarning inspection by the Orono Building siatT. cn V OF ORONO - VARLV.NCE AFPIJCATION Initial Application Fee S200.00 (550.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 Aftcr-the-Fact Fees (Double application fee) PROPERTY DsTORMATIO.N Site .Address •f^jS'O '^aCsT L 1C LDP. :ation Number (PI.D.) 194 i lITt if .CfFiCi * ^ f» V ‘V »,VV^a w w'Vw w w< w C-fi 2t?t\vV iCO.iO roll iOvl .\vi TOi:: Property Identification Number (P I P.) ^. r Attach legal description to appliemon if not mduded on requu-ed suTvev Date Propenv Acquired_______/ — 92. vo.- Date Property Acquired I (do)(i^no(j also own i^^djaccnt parcels of land.,(month/year) Present use of property: X residential Zoning District; ' other (specify ) APPLICANT Name Address;iw..<7 i.-ki t^r^CicY:._ Pbone t.h°me)_jl7;?.yo^Y. Phone(work) Zip: OWNTR (if different than applicant) Name _______^f\ ^ £. Address: Phoneihomc) Phone (work) Cirv': DESCRIPTION OF REQUEST Describe request in detail; Estimated Consuuction Cost $ismucjionCos Ick^/z)X /y: (attach additional sheets if necessary) VARIANCES REQLTRED ^ Lot Area ? Lot Width Setback:Front Sid. Hardcover Rear Lot Coverage Average Lakeshore Other (specif>') HARDSHIP/DESCRLPI ION OF UNUSUAL PROPERTY’ CONDITIONS Describe undue hardship or practical difficulty- or unusual property conditions preventing compliance with Zoning Code requirements; * (attach additional sheets if necessary) ‘ ORONO ’ nccrn. V/l I ICL. 't ^ w • v<^/ VV w^JiyV' vn/,- ^ ‘.'f»f ^,* C'• ♦ T k M \/ a .• V / • 4 w.* j^/24/9^ REQL IRKI) SUBMITTALS All of the follov»1ng information must be hmitted hv the application deadline date in order for vour application to be considered complete; 1. JC Compicfcd Application Form 2. __Ceniflcd Propern* Owners List of owners within 150’ (you must obtain this list from Hennepin Countv' Depamnent of Finance, A-603. Govt Center, 348-3271). 3. jy_ Plat Map (obtained with property owners list). 4. Certificate of Survey »signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'i* x 11" for reproduction. 5. Topographic sun ey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8 ‘,^" x 11" for reproduction. 6. )(._ Sketches or plans of floor A; elevation views (provide one (1) copy Sli" x 11"). 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 owncr<s). S.__.As an addendum to this application, please attach a separate list of any other persore; you wish notified of this application. 9. __Additional items as may be requested by City staff. The .Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the nhove information has not been included. /\iM*LIC.VNT’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 inland ij:orr^ct to the his/her knowledge. Applicant’s Signature UL L/\Date OUTVER’S SIGN.^TX'RE 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. Owmer’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 u. iM ! J'C. li; "" ! BUN 0*T| M/ZS/M BATCH 003BBOB AOOB 0»t€B NAME TA)9AYEB NAME/AOOB BROO AOOB OlOCR NAME TAXBAVEB NAME/AOCB BBOB AOOB OtCR NAME TAXPAYER NAME/AOOR BBOP AOOB C&MEB NAME TAXPAYER nahe/aoor BROP AOOB CBtCR NAME taxpayer NAME/AL'OR PR(^ AOOB OHNEB NA»ffi TAXPAYER NAME/ACDR MtW«PIN COUNTY B«»CBTY lNTOBr-»nOM 3V,T»M BBOPfBTY OmCP^ II •50 OT-lir-ZS 13 02U 00030 AOOBEOS UNASSIGNEO mNNEBIN FOTFEITED LANI CITY OF ORONO FLOOO CONTROL lUffiCR HATER) 2/5/02 ST OCEO OlAliAO JO 07-117-23 24 OOIA 04450 FOREST LAKE LANDING R L A V A HOIFF ROBERT L A VELMA A NOLFF ♦450 FOREST LAKE LANOINQ HOUNO MN 5534h 50 07-117-23 24 0014 00030 ADDRESS UNASSIGNEO ROGER M BYBOTH BRUCE G KEHRINC 11040 HYLAND TER COEN PRAIRIE MN 55344 30 07-11T-23 24 0022 00030 ADDRESS UNASSIGNEO ROGFR M BYBOTH BRUCE G KEHRING 11040 HYLANO TER COEN PRAIRIE MN 55344 50 07-117-23 24 0030 04445 FOREST LAKE LANDING JON D BLACKSTONE cT AL JON 0 BLACKSTONE 4445 FOREST LAKE LANDING HOUNO F*4 55344 50 07-117-23 24 0042 04400 FOREST LAKE LANDING LOREN F SCHOENZEIT LOREN r SCHOEt.ZEIT 4480 FOREST LAKE LANDING HOUNO MN 55364 58 07-117 23 24 000504445 FOREST LATE LaTCIHS T M LEFBKE A A M LEMBKE timothy M LEr«KE 4445 FtaUST LAKE LANDING MOUFB m 55344 ; SO 07-117-23 24 0017 04440 FOREST LAKE LAIWING N S BRICKLEY A J M FUCHS N S BRICKLEY A J M FUCHS I 4440 FOREST LAKE LiUlOING ( WUNO m 55344 50 07-117-23 24 0020 00030 ADDRESS UNASSIOCO ROGER H OYBOTH ORUCE C KEHRING 11040 MYLAf® TER EDEN PRAIRIE MN 55344 SO 07-117-23 24 0023 04475 FOREST LAKE LANDING ray 0 HLRILEY ray DONALD HURUY 4475 FOREST LAKE LANniNG HOLt® MN 55344 30 07-117-I3 24 0040 04470 FOREST LAKE LANDING R N HALTER JR A J M NALTER RICHARD M HALTER JR 4470 FORFSr LAKE 'ANDIf® ORONO MN 55364 TOTAL BATCH ?03 00014 •fPQtr NO.PAGE BI435401U58 07-117-23 24 0015 P'.Aso fORESr LAKE L®®lNQ 0 A H OVERBOC OLE A *«LEM OVERBOT 4460 FmCST LAKE LANDING HOLP® MN 55364 SB 07-117-23 24 0018 04415 FOREST LAKE LANDING ROGFR H BYBOTH BRUCE 6 KEHRING 1104B HYLAND TER COEN PRAIRIE 55344 58 07-117-23 24 0021 00038 ADDRESS UNASSIGNEO ROGER H BYBOTH BRUCE C KEMRi:® 11063 HYLANO TER Eden frairie kw 55344 38 07 117-23 24 0024 04475 FOREST LAKE LANDING RAY 0 HURLEY RAY 0 HURLEY 4475 FOREST LAKE LANDING HOUNO MN 55364 58 07-117-23 24 0041 04450 FOREST LAKE LANDING J H PREH 3 K L PREH JOHN A KAREN PREH 4490 FOREST LAKE LANDING HOUNO MN 55344 v""? • 1 ■ ■ ' >■ i 1' \ ■¥ ■3nfec4 A • ♦ * I T - r RUN OATl 04MTCH 003 ro oG^-1In5r>J•t «•r»<i_ •nJ O 'C • «*0 Ui OO r t" ------- I IL IL O ■ H- I GC: HI li Ooc <D Orono Planning C^wl^ns^^>n Nfembers Mayor CalUhan anJ Orork> OnirKilmembers Ron Moorsc. Ciiy Administrator Jeanne A. Mabusth. ttuilding Sl Zoning Administrator July 12. IW Van..K, C0„,™.,c,a. Perlincnf Ordinances ' '« - IMcovcr Toul area = 6.100 s.f. Allow-ed » 1.525 s.f. or 25>% Existing = 5.100 s.f. or S3 6% (approved in Orono Resolution No. 2S91) Proposed = 5.100 s.f., no cluinge proposed New structural hardcover is exchanged fi>r non-structural hardcover totaling 160 s.f., this wns also approved m .Application #1874 4. Section 10.41, Subdivision 2 - All building permits within the B-'* by Council. Section 10.41, Subdivision 5 (A) - Variance. zone must be approved Required = 48 Existing = 42 (approved in Resolution No. 2891) Proposed = 41 (Application #1874 resulted in loss of two stalls) Section 10.41, Subdivision 9 (B) - Required yard areas (landscape green space area) A. Front vard. Required = 30’ Existing 10’ Proposed = 10’ Variance = 20* or 66% (original substandard setback involved only parking areas and now structure is proposed at 10' or at edge of existing landscape area) lercial Ztmjm: Fite #194 July 13. 1994 Page 2 ScctKHi 10 41, Subdivision 10 (O - Setback variance for structure Required setback « 50 ’ Propsi-sed * 10' Variance ** 40 ’ or List of Exhibits cover g 160 oved rea). J Application Plat Map Pr> petty Ouners' i-ist DNR ' ener 12/13/93 Minnetonka Center for the Ans l.etter 10 28 93 Planning Commission Minutes 1145 93 Council Minutes 1243'93 Rcsc'lution No 3371 Original Site Plan Amended Site Plan IKscription of Request In December of 1993. Council granted approval of multiple variances to allow the installation of an 8 ’ x 20' storage module in the street yard of Sailors World as show n in Hxhibit I. The module was to be mstaUed within parking stall 34. Review Exhibit J. the amended plan now IcKates the storage nuxlule withtn parking stall 21. At the June 27th meeting ol the Council. Mr. DeSantis and the neighbor to the immediate west across the street from the facility, appeared before the Council. Refer to E.xhibit B. the location of the neighboring property owtier's property is shown as Parcel A, Mr. DeSantis advised that he wanted t maititain a friendly, cooperative relationship with the adjacent neighbors and advised Council that the propeny owner was concerned because his view' of the lake would be completely blocked by the new marina facility and the storage facility. If structure was moved further south, the new location would provide him a view of the lake. The ordinances of the City do not afford a propeny owner on the opposite side of the street a lake view, only adjacent residential landowners. To staff ’s knowledge there is no view easement in favor of the landowner over the marina property Council immediately advised Mr. DeSantis Uiat he would have to apply for the necessar>- variances for the City t<' r^'consider the proposal. :ent ;ary Zoning File #1947 July 13, 1994 Page 3 Review of Ciurent Proposal The nuxlulc wixild now be located 10' trom the street lot line. Application #1874 proposed a 2S* setback. I'he storage rruxiule has doors on both sides of the structure. Planning Comnussion members were under the impressit>n that the storage facility would be accessed only on one side. Review F.xhibit J. I'he storage mcxiule will now abut landscaped area along the wesL/street lot line. Review Txhibit I, rk>ie that an existing planting will be removed along the north side with the installation of the storage mtxlule. Applicant proposes plantings w ithin the 10 landscape area aiKl along the south and rkirth side. Special care must be given to any plantings within the 10’ wide laralscape area because of the sighting issues at the intersection with the Counts road. As structure must be accessed on both sides, there will he a need to provide adequate space to facilitate access along the west side of structure. I’he storage module will occupy one parking stall as opps>sed to original prqwsal that resulted in the loss of two stalls. Review Exhibit E. note letter from Minnetonka Center for the Arts, Review E.xhibit D. The DNR liniit.s approval ol any improvement to no net increase in impervious surface. Note the module will be extended northward within a ponion of a non- hardcover area. Applicant must provide for a non-hardcover surface in another area to offset increase of approximately 20-*- square feet of new hardcover. Issues for Con.sidcTation 1. How should landscaping be addressed adjacent to curb cut at intersection of County Road? ... limit on maximum growth height to 3’? ... other? 2. It plan is approved, applicant must designate non-hardcover area to offset 20-some square teet expansion ot structural hardcover placed over existing non-hardcover. 3. Applicant has submitted this revised plan at the request ot an adjacent property owner who claimed ^visual impact of an S’ high. 8’ x 20’ storage module if placed within parking stall 34. Does the fact that the property owner has no legal claim to a view of the lake have any bearing on your consideration? E Does the tact that the structure is accessed on both sides impact the final location of structure on property? Are there additional safety concerns with moving structure closer to street lot line? j. What options lor improvement do Planning Commission meml>ers prefer? 1874 ining only I the I the mty lare cm’ OF ORONO - N'ARLCNCE Ai'PMCATION Initial Application Fee S200.00 g m (SiO.od-pcr-cach additioaai vanarKc) ^^^^Tvariance Fee S100.00^,’ l^g C-. (no “change froni dngmal aipplication) ^ Variance for non-conforming scrucnires $200.00 After-the-Fact Fees (Double application fee) PROPERTY INF0R-\L\T10N . Site Address HSS' sSAorc <Vie '• ^ .-1 % . Property Identxilcat’on Number (P.I.D.)___________________________ Attach legal descnption to application if not iiKluded on required survey. Date Propertv' Acquired nlfVctri J .-rr. -- w « < f w* WMWitW* v'i vearV- 1^0..-oaw* I (do) (do not) also own the adjacent parcels of land. Present use of property: ___residential ____other (specify) Zoning District: b-Z- .APPLIC.CyF) X ^ V /', / / ' /A Phone Cbome) 4 76 — 6 fZ? O Name ( b/V-s-j j Phone(work) ^ if ^ Address. / Jc . / City: jJAj 'iA _______Zip: f ,)o.- J?.- ?* OWNER (it;;^Terent than applicant) Name A>/, f___________ Phonahome) Pbanc (work) .Address:Citv:Zip: DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost S (attach additional sheets if necessary) V.ARLANCES REQLTRED Lot .Area Lot Coverage___Lot Width X Hardcover _ / Front __Side ___Rear X Average Lakeshore » 1 ^ Other (specify)rp ^(j.rrA - l^tlcccZi— HARDS RIP/DESCRIPTION OF L2VUSUAL PROPERTY CONDITIONS Desenbe undue ha:dship or practical difficulty or unusual property conditions preventi ^As_^ iV~. Cc I compliance with Zoning Code requiremencs:,ho ■! A ^As NO l/vSTl)^ Cf __*pj'^S ^ •ninety j reventiiic ,/)cc mt^«rroA C ir r /y\- <~ /‘(c /t-e /y P ^-7 (attach additional sheets if necessary) » «• $ r ^ .'f >AJ f rrrrr f a U l» f f ‘»ri fViA W « W -Ma V V' • v^v ^ ZO/QJ:/O/ i. / / / REQUIRED SirBMITTAl^ All of the following informationLmu.^Jjfjiihmine thg applicatiot> deadline date in order for vour application to be corsidered complete; _ Completed Application Form _ Cemfied Propeny Owners List of owners witiiin 150’ (v'ou must obtain tnis list from Hennepin Count\- Depanxr.ent of Finance, A-603, Govi Center. 348-3271). Plat M-p (obtained with pr^^^ierty owners list). 4. _^ Certificate of Survey (signed by a licensed surveyor) and include hardcover \ coiculations as required. In addition, provide one (1) copy Sli" x II” for 1 reproduction. 5. __j Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'.:" x 11" for reproduction. 6. __Sketches or plans of floor ..t elevation views (provide one (1) copy 8‘.^" x II"). 7. __List of the legal names (include marital status^ of all persons with an interest in the property. This would include naraeis) of appiicauus) if not i^urreut owner(s). 8. __As an addendum to this application, please atuch a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by City statf. 'OA The .Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above inforniation has not been included. A1’PLICA.\T’S SIGiVATLRE Tlie applicant hereby agrees to proyide all information required or requested by the Zoning .Admimstrator, agrees tq pay acWitic|'nal fees (staff time not covered by original fee payment) and/or consultant experses ir^urred in review of this application, and cemiics that me inl'ormation supplied Is tnie anjj cor^^ct jathe best of liis/her knowledge.u .Applicant’s Signature / \ ■V Date f OW'NER’S SIG-VATtpE ' The ow ner here ay acknowledges arid agrees to this application and further authorizes reasonable entry onto the propertL'by C|y stiff, cdnsultants, agents. Commission members, and Council ^’erification of this request. Date members for purpos^/tof invektiga ' .(l ' I,/ /Owner’s Signature^if^ (.IM t Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thira Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Coun*.ii. H an appliv ant 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 M. • • 1 •!RUN OAVt 0f/0f/9S i^'‘V•'.•'■tv • ■i-tv'iitcii oot ‘' ; 1 *•:" f \ :|..i RROP AI»R .1 !Sk«R NAME taxpayer •. • nahe /aoor!^ .*t )• I I i-..* i I ,j.t 4>\V. ffKo^:Aimii OKNEt HAHE I, TAXPAYER ».•NAHE/ADDR \PROP AOOfI * ONNER NAHC.i:TAXPAYER ’ NAHE/ADOR Jr vV.'t amm.% It- W. " 'I I * ‘, i. it. '• iw*- • *>.n;; '« i .» ^ ft . , r ‘ M ‘ *i \ M€r#4tPlN COUr^TY PROPERfY ir4fCmtATlOTl SYSTtH PROPERTY ONT4ERS LIST 5b 10-117-25 A2 0005 OmO SW^ELINE OR R C STIERNA A P A STIERHA ROBERT C I PATRICIA STIERHA mo SNOREtir^E DR HAYZATA MN 55591 5B 10-117-25 A2 OOIA 01955 SHORELINE DR SAILORS HOr.0 HTXA MARINA A YACHT CLUB INC 1955 SWRELINE DR NAYZATA MN 55591 5B 10-117-25 A2 0022 01950 SHC^rVINE OR SM1TH*S BA\ MARINA INC SMITH'S BAY MARINA INC 1170B NAYZATA BLVD MI^i€T(RfCA MN 55355 i t i>i>‘. r.’V'f - . •f i ' H * • !; • » .! , N * V ! « t . *1 i • J ’li!.t !• I ♦ . * . » f • • * * .<» ? »V T ^ . ■ *•; t ;»•: ■ it ;• r 1..^ • •..'7 I * .• I • t'!i I • >/' ;• f. ► • •• , • * I > ‘I'A v« . *. •.••• *•. REPORT MO. Pl<*35*«01 PAGE 7 Se 10-117-25 <»2 0007 01T<V0 SHOREUNC OR A R NETTLES » A T MCTTIIS ALAN NETTLES A AftIC NETTIES 19«*0 SHORELINE DR HAYZATA MN 55591 58 10-117-25 ^2 0012 01950 SHORELINE DR C I N L CASTELLON CAMILO A MARIA L CASTELLON 1950 SiroRELlNE DR HAYZATA Ttl 55591 58 10-117-25 92 0015 00058 ADDRESS UNASSIGNEO J V SPATES ETAL MIKA MARINA A YACHT CLUB INC 1955 SHORELINE OR HAYZATA MN 55591 58 10-117-25 92 0021 01980 SPATES AVE 0 CREAR A M B CREAR DANIEL CREAR 1980 SPATES AVE HAYZATA MN 55591 TOTAL BATCH 002 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 MY KNOHLEDGE AMO BELIEF, DATE „ i^A SMLa ■ • ft ' % • • 4 * •* • It \ s V .1 mam r ^ STATf OP (^DEPARTMENT OF NATURAL RESOURCES - AS r O waters - 1200 WARNER ROAD, ST. PAUL, MN 5=106^^ pmoneno . 772-7910 I) December 13, 1993 Mike Gaffron City of Orono P.O. Box 66 crystal Bay, Minnesota 55323 RE- SAILORS WORLD (/1874), 1955 SHORELINE DRIVE, LAKE MINNETONKA (27-133, 26), CITT OF ORONO, HENNEPIN COUNTY Dear Mr. Gaffron: 13, 1993. The applicant requested several varia^^^^ to ha^e *re?!e5era revised "pla'n t'jfat involves = placing S ?Sr:c^°di4nr in-t^ ^--No^.!\^e ptn^ing Cominission Action dated November 17, 19 ThanA vou for the opportunity to conment. please contact ne at 7?2-7910 should you have any questions regarding these connents. Sincerely, Ceil Strauss Area Hydrologist c:Gary DeSantis, Sailors World Ed Pick, Shoreland Hydrologist Lake Minnetonka file 27-133, /26 DEC 1 4 I ;-*w, - “ V w AN equal opportunity EMPLOYER ( O MINNETONKA CENTER FOR THE ARTS 2J40 North SHore D^’ve • WavzaM MN 55 3'^! • <6I2) 471-7361 /ihrr/^' ‘ ^ ‘^ ' - October 28 / / . 1993 cyj Mr. Gary De Santis Sailors World P.O. Box 176 Crystal Bay. MN. 55323 Dear Gary: This letter will confirm our understanding that Sailors World may use a portion of the Art Center's east parking lot on weekends, from May to September. As we discussed, the following arrangements would apply: 1. Your personnel wtll park cars, designated with a Sailors World Parking Pass, along the eastern side of our east parking lot, adjacent to Bnar Street. 2. Parking will be available most weekends, with the exception of the weekend following Labor Day, when the parking lot is rented to a private party. If the Art Center is planning any additional, major events requiring parking on weekends, we will, of course, let you know in advance. 3. Liability for any damage that occurs will remain the responsibility of Sailors World. 4. Sailors World will give the Art Center an option to use its parking area during the annual Holiday House fundraiser at the Art Center, which is generally held the week before Thanksgiving. Gary, we appreciate your offer of compensation, but invite you instead to make a charitable contribution to our Annual Fund (information enclosed). Your business name would then appear in our Annual Report and newsletter, as a supporter of the Art Center. Thanks, Gary. Sincerely, __________________ Ann Larsen Executive Director 2. planning commission minutes CITY OF ORONO NOVEMBER 15. 1993 -inifT Gary DeSantisySailors World D.,hn,- Mparina ^Sho,el!ne Drive - Variance, - conlinuat.on of Public Hearing -e \r4m:nictrarnr 'eanne Mabusiti gave the Staff reoort. Gary DeSantis, the Building and zoning Administrate ^ ^ storaae soace was a hardshio and he 3DOlicant. was present and exoiame . ' ' ^ . reauest He stated the DNR was reauested tne Planning Commission to ^^ay from the water as concerned about locating the propos , jpQ screening to buffer the module possible. He stated he .vas willing bad sa.d she would from the View from the roaoway. Hes, - rhar *hp nroDOsec location was acceptable. send a letter to the the building ard exolaineo why it was not :e;s°b!e1o'.%i;:"n acblbcn door placement. ^ t-. miirh rnp set*^ack variance would be if the module wtre p?ar;rrh;.i“'-'r:nd v'-rdiTho'rorhe ;:ns Commission preferred a different location. Chairnran Schroeder stated he -^^^vrhoathet^ tb^^^e^ao^^^^^^^^ r;btrnrMr"oTs^r=.edTh™ reviewed the proposed landscaping to screen tne storage module. Commissioner Nolan inquired about the occupied by a walkway was necessary, and Mr. the e.xistmg Discussion ensued i^egarding roe feasibility or because of the placement of bu'ding. Mr. DeSantis explained why this was not practicable because windows and doors in the principal structure. r, car-onr^pH *n aoDfOve A7A vari^n<"r> for a 30-Cnmmissioner LindQUist moved.„Peter§on $fl rn npn, ip yy ^ directly rn allow n xr.^ana module to hn plagM Oh rxpfhrr withgi n a tgunggi_^ja-^ ..r. iha asnhalt. subject rn the foilowinn sticglatiqna: 1. The applicant provide a landscape plan for staff review and aocroval for screening of the proposed storage module. 2.The doors of the storage module face away from the street. Commissioners Schroeder, Nolan, Peterson, and Lindquist voted -aye-. \ylr>finn carried- i 4 MINXTTiS OF THE REGULAR ORONO CnT COUNCIL NHXTING MINUTT^ held DECEMBER U. 1993 #I»74 GARV DES.ANnS,S.AILORS WORU). 19«5 SHORELINX DRHX - V^SlANCE - RESOLUTION NO. 3371 Caffron r=v«»-ed *= sulf repon. ..d noted Out S'4ffi.-.d Plaining Com.n,iaion recommended approval of the variance rec-~at. L • 4 »h» p-iMnrM'rem*'ers to come out and look at the site and Gar/ DeSantis stated he haa mvite maintain the si’’e as he would like to. and d'^n^at He :ec,nea:..d he be aliened to .n.t^l d.e seteetung on the north and west sides of the module. Councilmember Hurr arrived at 8:00 ?.m. Coetten stated she had vtstted the stte. Jabbe. ” s;ore a.-.a .Mr. DetSar.tts respor.dec tnat tt *ou d t ^ would be utilized year aiouati. A lis. or Pie .terns -. Council packet. Gtr°DXm1sa“"sXMlo^area« conditions: I The applicant shall combine the two lots into a single parcel. The Council retains the right to revisit the variance request. me e.xre.-ior of die storage module shall be pair.red r-he same culor as the principal Structure. m.e applicant shall maintain a parking agreement with die .An Center. .\yes “i. nays 0. . • ^ rhnf *vif 'he stori2' module should have been applied torMayor Cailanan commented mat he _e.t ° ^ „oted that they will .maintain when the main bunding was done. Mr. Dehantis gr the strucoire and not allow it to fall into disrepair.Liiw ----------------- cm 718S7 RODNEY J. BATZLA^. 111£_BR03VN ROAD SOUTH - RENEWAL VARIANCE - RESOLUnO.N NO. 33/2 Ayes *1. nays 0. 4 K CITY of ORONO RESOMTION OF THF CnY’ COl'NCn. vn 3 8 71 A RESOLUTION GR.\NTLNG VARL^NCES TO MUNICIPAL ZONING CODE , - crr'T’ON: in '»'* SL^DIMSION 2. SECTION 10.41. SUBDIMSION 3 SECTIO? lo!!;: SOOmsioN 9 ,B.. SECTION 10.41 SUBDIVISION .0 ,D. AND SECTION 10.56. SU'BDIMSION 16 (L), XND PER SECTION 10,41. SUBDIMSIO.N '^‘ENDED COMMERCLAL site pi .an for S4AILOR5 WORLD. LNC. file .no. 1S74 W-HEREAS. Gan- DaSamis of Sauors World Marina and 3* Minnosou corporation Cncra.,nancr 1955 Shoreline Drive within ihe City of Oreno ihereinatter the Ciry ) and le.aii, n follows: E.xhibit A. aoached (hcrcinaftsr 'die propcm "); and w-hfrEAS the aoDiicant rreposes die ms'.allaiion of an 3 ’ x S x 20 accesson ..asernodoleon^^^^^ .-or to Subdivision Section 10.5o, S>tbd.v.sion 16 (U and^Se.uon^ permit No. 2S91 of the Ciry Council. only ;i?5«ill —“,r r 1. Subdivision a lAi to allow teouetten . r - „(,uuement for this sue. and for Resolution No, 2391 which “^tot als' street vard setback for a s.orage a variance to „onnally be required; and per Section 10.41. S«o:?::e^ fppr^^ of an amended conumercial sue plan lo allow the installation of said Storage module. Minnesota: NOW. THEREFORE. BE IT RESOLVTID by ±e City Council of Orono. 1. This application was findings reviewed as Zoning File «^1874 Paee 1 of 6 CITY of ORONO resolltion of the cm’ col -ncil NO. --------- 4 5. ■me Orono Cty CouocU sramjd aurit'Tz^<mnFP‘‘«‘j®“ plan review for Smith s Bay O'^ober 22, 1990. Pursuant to that i?1592) per Rcsolm^n co^lltructed a marina clubhouse resolution, tne current • ^provements required with that approv •omcleted the majonty or the sit- Jnpi 9’ T S’ X . car., has tnnlhr.oUoiaS '-d re^vabie storage nodu.e on dte procern. liardships; A . ba.dsh.p ex.s. due .0 ^ siS'/e is;;'- a™ om;oda.e customers demands for facUttes to Store personal boatmg equipment or^e.x'tendlng mto the site parking area. „ . «■ wtll be eiummated by „croa'chmeni mto the designated non- r-onfijuration of the partang ' , , „,■ jhis soace. which reduces tad“ov-er landscape areas. To Resolution 2891 and dS the number of spaces to t ; hal provided a letter of agreement with would normally be requucd. >h= ^ the marma. for the Minnetonka An center -hh overflow parKjiig.OVertiOVr' palfcU^O’ n The orobosed location of the “f approved comroercal P^;„onnally be allowed, thus meetmg Page 2 of 6 I CITY of ORONO RFSOLLTION OF THE Cm’ COL'NCIL No..3JLZi------- it> t . 3, T., pressed .ocauca of d,= s=on« 15 nght-of-way whore a 30’ srroo. y«d « ^.c module by impacts. ^ »f • ,i r'v^- <:-'-Mon 10 41 Subdivision T' (b) that “ucr^^e S of anv kind. wr r».« .-ar Dir—'s Thc 'ooundarv line berw-een SZ?3.™S - ■« therefore be combined. The ory CouneU has -didered welfare of the commumt>' The City Council tmds *at me . proDer^' in this zoning district: that 10 It and do not apply tr'affic ccnditions. light, aii nor granting die variance would not ad ^p„id not merely pose a tire hazara or o er •=- jj necessary to alleviate a serve as a -^ ,_. j^^j^geessarv to preserve a substantial property demonstrable haraship Jth the spint and intent of the rieht of the applicant; and wouio be m Zoning Code and Comprehensive .°lan of the Cit>. CONCLUSIONS. ORDER ASD CONDITIONS fhr fmdin<'S noted above, the Orono City Council Based upon one or ^ approves the installation of an S’ x S' x 20 ’ heteby grants the variances as set lotih above and app Page 3 of 6 I i r CITY of ORONO til RESOLUTION OF THE CITi’ COUNCIL NO. . ^ ^ —--------- storaee module as an amendment to the conunercial site plan originally approved per Resolution No. 2391 on October 22. 1990. subject to the following conditions: 1. 3. 5. 6. / . S. 9. One 8’ X 8’ X 20’ storage module may be located in parking stall pe. the siu. plan attached to this resolution as Exhibit B. The City Council reserves th.e right 10 reconsider and revise this approval at a future time if the storage module becomes a nuisance. The storage module shall be free standing and shall have no foundation in order to preserve its mobility. Per Citv Council discussion of 12-13-93. storage module may have [acing County'Road 15 subject to adequate screening as noted in Condition 4 bclo . The storage module shall be screened from street view by an integrated bnascape plan that s'hall include evergreen piani.ngs of a stae and a 50% screening of the module in the tirst year, with potential in t^ee vears to be screened along fhe County Road 15 side and the south end^ Scr«mng shall noi be allowed to interfere widt vehicle site distance tor vehicles sue Further, the storage module shall be palmed the same color as the clubhouse building. The module shall remain on uhe sits only as long as an off-sue parking agreement with the Art Center or other entity remains in effect. In conjunction with the approval of iliis storage module, no storage of materials, equipment! or boats sha^r occur :n any of the nomhaidcover landscape areas indicated on the site plan. For rotting purposes, applicant shall obtain a permit from the City prior to installation of the storage module. Prior to issuance of the above noted permit, applicant shall legally combine the two tax parcels. wTtZone year'of the date of Council approval, or tins variance wtll expire on that date (December 13, 1994). Page 4 of 6 »•- f this ically anor. terms ligns, )f the ;etm2 ay of erk of ed on // \ \ CITY of ORONO RESOLUTION OF THE Cm’ COLTiCIL NO. B8 7-^----.--- Ov STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) / v n u,- -.K-nOn this day of /VlarcJ^ 199^before me a Notary Public within and for «aid countv, personally appeared c Hat d —uALL-CIH t ^ known to me to be the person(s) described m and who executed the foregoing mstrtiment.and acknowledged that he (they) executed the same as his »their) free act and deed. • • ' i * 1 V kot*’----i-C ■ M.r £3..-- '..■C*' 0-t2-5o < '■ /" y V/ C5-NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. thfs J^da^v of ^ _________• before me a Notary Public within acknowledged that he (they) executed the same as his (their) free act and deed. SCTA»y OUBCIC - I.HENNEPIN COUNTS ( Vy comn-.^5Sico e*P'f«» V , - ^ ^ ,11 0 » NOTARY PUBLIC STATE OF MINNESOTA ) tte ^Tv'of >99U before me a No,ary Public wUhin acknowledged that he (they) e.xecuied the same as hts (their) free act and deed. HENNEPIN COUNFf My comrrassicn S-12-90 •IJL NOTARY PUBLIC Page 6 of 6 EXHIBIT A Commencing at the intersection of the North line or Central Avenue extended Easterly with Easterly right-of-way line of County Road No. 7 Nor wheas tsr 1V 42 mir.utes East 1^0*-^ feet to aCwUal point'cf beginning thence South 57 degrees 45 riinutes East 29.04 feet thence North 37 decrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North ^ec-««s 45 minutes West 19 feet thence Southwesterly 42 degrees minutes West 131.5 feet to beginning including accretions,. "O^RA PARK ON LAKE .MINNETONKA", Hennepin County, Minnesota, (hereinafter the property"),* and __ _____ 8. —icWH'f-'i NO; -157-------------ROAO------------*^v;—w gff /S.•hff »» ftti #■■»»# •f"p^afUl imUk ct *ferh4i; »f ^m A i7 To:OrorKi Planning Commission Membcn Mayor Callahan and Orono CouiKilmcmbers Ron MiX)rse, Cit> Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator Julv 14, 1994 #1946 K-P Properties. Inc., 4645 Bay side Road - Prop«ised Rural Subdivision Sketch Plan Pertinent Ordinances 1. Section 11.10. Subdivisions 6, 7, 8 - Intent of sketch plan review -7 4kv> Section 10.03. Subdivision 27 - Special standards for back lot'front Km divisions. 3. 4. Section 10.28 - RR-IB Zoning District, specifically Subdivision 5 (B) - Lot standards. Section 10.03, Subdivision 9 (C) (2) - Area required for 400 s.f. shed on proposed Lot 8. 5.Section 10.03, Subdivision 9 (C) (3) - Required setbacks for oversized accessory Structures. List of Exhibits A D C D E F G H I J K Application Location Map Applicant ’s Addendum Orono ’s Roadway Classification Map Bayview’ Farms Plat . Preliminary Tree Lot Plat of WTiite Property - Approval has c.xpired Topographic Information for White Property- Option 1 - Olson Property Only Option 2 - Comprehensive Division ot White/Olson Property National Wetlands Inventory- Map DNR Protected Waters Map Description of Request While andOlson parcels. Slalf has been advised by ihe developer tlut ihe agreed to join in the subdivision so Planning Commission members need only consider Opnon Zoning File #1946 July 14. 1994 Pace 2 Review Exhibits B and I. In earlier sketch plan and subdivision revie^^-s of both parcels, access locations to the property were revie\^ed by the County. The one proposed in Option 2 is an approved access location. The prrcate road has been designated along the shared lot line of both parcels. A temporary cul-de-sac has been shown to the south with an extension corridor coniKCting the Annstrong property at the south. .Mready concluded in the earlier re\ lews ot the White subdivision, a furure western access to North Shore Drive will be provided via the Armstrong property because of the conllcuration of the wetland. As the wetland approactws the Amistnmg property from the north, it narrows to a drainageway that connects a more southerly wetland. Construction of a road would have less of an impact on the wetland at this intersection. The road outlot shall be platted as a private road with the City obtaining underlying road and utility easements, .\ccess to all undeveloped lots shall be via the private road. Developed Lots 6 and 7 shall continue to use their existing driveways at the County Road. A 33’ dedication will be required along Baysidc Road for the White portion ot the property as the 33’ dedication was already completed with the earlier Bay view Farms two lot plat, review Exhibit E. Along County Road 19 or Nonh Shore Drive, the developer shall grant a total 40 right-of-way. This dedication would be consistent with the City ’s transportation plan based on the classification of Baysidc Road as a collector road and County' Road 19 as a minor arterial. Septic testing was completed for the three lot subdivision of the White property and may- still be valid for the current division. The preliminary plat application will require complete septic testing for both principal and alternate sites for Lots 1. 2. 3. 4. 5. 8, 9. 10. 11 and Alternate septic sites must be confirmed for l ots 6 and 7. There are 5+ acres of designated wetlands within both parcels. Review Exhibits B. J and K. There are no DNR protected wetlands but the National Wetlands Inventory includes a wetland at the northwest comer that was not designated in the earlier White subdivision. This wetland must be designated by drainage easements. The developer will be required to provide retention areas tor stormwater and the treatment of sediment from development. Runoff from the development cannot be directly routed into designated weUands but must be rerouted through retention ponds. As with earlier subdivision reviews, the National Wetlands Act will require the deveU>per to complete a soils delineation smdy and file the necessary permits with the Minnehaha Creek Watershed District and the Corps of Engineers. Review Exhibit I. Based on the 1" = 200' scale, it would appear that Lot 3 does not meet the required width to the rear of the front street setback, shown at 130 ’ width. Lot 3 is also a throuch lot. /Miy accessors struerures would require a conditiorial use permit. It is doubtful w hether Lot 5 has adequate area for building and septic needs ba^d on the need to Th*. smicture must be 26 trom the defined edge of i Ae area and lnbslTrequi^ents"for the RR-IB zoning district. The front yard would become r Zoning File #1946 July 14. 1994 Page 3 the east lot line requiring a 75 ’ setback, tte south lot line a 60* setl^ck. ^ members ^h<iuld advise if the west lot line should be increa:»cd to 7. and iht v 60- Since the lot is a comer lot and the ix>nh and N^est lot lines are m>i adjacent to residcmia .. nuy no. be necessary .o .ncrease setbacks by - “Xk increased to 3 acres, the access corridor, or outlot. must meet .0 Ums ^ and 3 adjacent to that access outlot must be increased to 50 Stall has ix Lreenlne along L sou.heas. li,« Ixn 2 or Lo. 3 .nay also chsH.se .0 use tta access lo but the outlot must be linn.ed ,0 two users. In light the adJ,.,o,u area .^ds or I « - ^ the 30- wide corridor and the need to tnainuin 150'J of the required area tor l ot I. «c may be dealing sith just a five lot division ot the Whiie parcel. The -.ano s f accessorv structure on Lot 8 becomes an issue as there w.ll be no principal smtc.url^rn“ isM^hv ha, given the develoi^r one year for a building perm.i .0 W S for a Pri«^al stmeture If the deadline is mu met. the structure must be remove^ nised on the curiera code, the 2400 s f structure would require a minimum of sis acres c "r^ure appears .0 be 50' from ihe street lo. line but only 10' from the north side lot h.»y A S roc ure appears minimum of 30' from a lot line. Addiiioiul non- : riit^s ™y a, proposed residence sirocture --so^ sirocmre. The axle requires that accessory structures be placed at ihe Ironi line or to me rear of the principal Mructure. Issues for Consideration Do vou approve of the location of ihc plai toad .- Will you rccomntend ihat Lots 6 and 7 continue to use their existing driveways? 2.Would you approve a lot width variance tor Lot 3? 3.What is vout recommendalion concerning the 2400 s f. accessor strocture on U« ^ Will vou require additional area for it to remain? Will you recommend that stmaur allowed to remain for one vear? If a building permit has not been issued tor a ircw pr t^ipal Uiure. ihe acce^oD s.roc.ure must be removed. WiU you recommend iha. I special res.rici.ve covenam be filed m ihe Cham ot Title of Lot 8. The following inl'orma.ion and submittals will be necessary with the m.ng of the preliminary plat application; 1.Payment of fees for a twelve lot. Class III subdivision lo include special payments for septic reviews and private road tees. Complete septic testing, both primary and alternate sites as noted above ami 4 r Zoning File #1946 Julv 14, 1994 Page 4 3.Developer to provide a soils delineation mapping, and analyses of the 3t» acre parcel. U(H>n completion of a preliminatv griding indfTcTrrErrrir;,^" jsi."... or™ victlinds that were not shown w ithin the Cit> s Conservation , , r«ent Tandem subdivision, the City will require private The City Engineer. Shawn Gusufson. presenS*"hefOTe the Planning staff prior to the meeting. •—^--■1 w^k-k. *^A .• ■1^flit OF OROMO - SimOIVISION Mrai«T10M rROPERTt LOCATIOB ^ site Addrcss^^___' - —------------— ^ ^ ^ ^ property Identification Nuiaber (P.I.D.) £1 — K V on,. - Prooerty > abstract or - - torrens?Please check cne - Proper^^y _ 'WJWk'o CITY Of Oi^ flsAsCZ OFFICE iJ^v.V VVV V ^ Attach applicant Name , ^^i.f7ey»' Address; ^ Phone (work)' 5^5-/'f CWNER (if different than applicant) Name 5*^ City*_j::Vf^2i£_J^ Zip-— Phone (hcme)__££l£li££c--------- Phone (work)------ ----- ' tr7 o,-hv. Zip;_-- Address: /-^ ,/- / m ' i iiiiT^ ____(attach list It more . . . . .. .. . .. .. . . . . . ." existing iand^osb Number of Tax Parcels Development Size /7i^ Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) Residential; no. of units Other ( specif y)_- - - --— / Present Zoning District ^ PROPOSAL - - - - - - - -oi;^ision for Tax Purposes Lot Line Rearrange^rent Cnly (no new building 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 J__ Acres Cf:iccc Sq Feet Dry Buildable Land Residential Other (specify) -- - -XL r MINIMUM MATERIAL NECESSARY POR COMPLETE PRELIMINARY APPLICATION 1. Completed Aoplication Forta 2. Preliminary'Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). ■ “ , . ^ 4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 7 Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature^_ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 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. Certification by Zoning Department that Final Flat Application is complete. Zoning Official's Signature___________________________ -- Date------------------------- FEES V/Sketch Plan Review (Class I, II S III)y Subdivision of a Lot Line Rearrangement $200.00 300.00 Preliminary Review (Class I 4 II Subdivision)300.00 Preliminarv Review (Class III & all non-residentia1 ) 325.00 + 25.00/Lot Final Plat Review (Class III) •(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 150.00 100.00 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 pey all additional fees established by ordinance* Applicant's Signature _ _ _ _ Date ^ 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 e 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 fi Zoning Office of this change prior to the meeting. r <aa 0O 4^. r 6 K-P Properties. Inc. 12435 42nd Ave North Plymouth. MN. 55441 Phone 476-5317 June 28. 1994 Jean Mabusth Planning Director City of Orono P O Box 66 Crystal Bay, MN 55323 Dear Ms Mabusth The following is an explanation of the request for sketch plan review for 4645 Bayside Road which has been submitted by K-P Properties. Inc. The application is made by K-P Properties. Inc. which will buy all of the Olson property except the existing house on one lot which will be sold to John and Kathi Pfeiffer The phone number for the Pfeiffers' is 797-9877. Two sketch plans have been submitted. The first provides for a new street accessing unto Bayside Road about where the existing driveway for 4645 Bayside Road is located This plan provides for 6 lots accessing unto such road with a temporary cul-de-sac about 145 feet north of the Armstrong property, which lies to the south of this site A right of way for a future connection to the Armstrong property will be dedicated so that the street can connect to an east west street through the Armstrong property when such property is developed. Access to 4665 Bayside Road could be provided to this new street to eliminate that driveway opening unto Bayside Road if the owner of that property wishes to connect It to the new street. Six lots will be platted with a minimum buildable size of two acres Two septic sites will be provided for each lot. I ■J 1 r The second sketch plan shows a joint road to be provided to serve both the Olson property at 4645 Bayside Road and the White property located at 180 North Shore Drive. This plan provides an access unto Bayside Road by a public street running through the White property for the northerly 250 feet and then jointly on the property line between the two properties to a cul-de-sac ending approximately 80 feet north of the South line A right of way would be provided to connect to a future east west road through the Armstrong property if and when it is dubdivided. this scheme will serve both the White and Olson properties and will be used if negotiations with the Whites can be made to share in the cost of such road. This scheme will allow subdivision of 6 lots including the existing house on the Olson property and 6 lots including the existing house on the White property. All lots except 4665 and 4645 Bayside Road could have access unto this new road. We will be meeting with the Whites prior to the revue by the Planning Commisssion of these sketch plans to determine which is the most feasible alternative. You can call me at 476*5317 id you need more information or have any questions. Sincerely: Donald R Peterson, president K-P Properties. Inc. PROPOSED SUBDIVISION IN SECTION 6-117-23 1 Ibli? ^ftr A(hi»y B Co mABE Ofi IHO I ■ »*tre 0/ • a'w4 .1 % 0/ A ///■£$ I «5 ‘.+ »' S. T I !• ‘ [?« 1 • 4t« . . kMMa««u.a^ I 2 /f^ 5 : At, 5»*r> ;» / ■ I * O* r.c ffj, I P‘ IS C • ^ 40 DeBcrluiiont Tho Unat 1/2 of tho Hast 1/2 of tho l^urthueat Qunrter of Norlhw^ot Quartor of Coctlon G, Tounnhip 117, Range 23, accord­ ing to tha Gwemmont Survey thereof; The East 1/2 of tiio East 1/2 of the Northwest Ounrler of the northwest Qunrtor of Section 6, Townohlp 117, Range 23, acconJ- Ing to the Government Survey thereof. 4a > -/ 4/1 ^ e/ .Vu. * / t'j /.t /* * <!"«./ O Owners; Uob:;rt S* Olson, Route 2, Box 85-A Hople l*liln, Kdnn. 5!;359 ^ northern Land k Reolty Co. >5 4i'10 Abbott Ave, S. ^ Minneapolis, Hlnn. Vi o Survovor-Engineer Cordon It, Coffin Co* 3025 Watertown Road Long Lako, Minn. 55356 N __I hereby certify tliat this survey was prepared by no or under ngr direct aupervlslon, •p and that I am a duly regis- tered land surveyor under tho State of Mimiesota. Cordon H. Coffin Reg^o. 6064 Alvin R. Hohder Reg. No.l329$ I Scale I 1 Inch = 100 feet ^ Date j l-ie-79 4 Aft V »»4 ,Vc i< ■'. / ,*# _ I A 5/? A* h *f. hlJkMj WluJ <Mai<c, A.— \ ' I s to fc i r MINtTES OF THE CITY OF ORONO PLANNING COMMKvSION MEETING IIEI n ON JI NE 20, 1994 ROLL The Orono Planning Commission met on Juik 20. 19^ in the Orono City CouiKil Chambers with the follovung members present: Chair Charles Schroedcr, Commissioners Charles Nolan Steve Peters4>n. Janice Berg. Candace Rowleitc, and Dale Lindquist. The lollowmg represente suff: Building and Zoning Admintsiraior Jeanne Mabusth. Assistant Planning and Zoning Administrator Michael Gatfron. and City Recorder Barbara Aiulerson. Chair Schroeder called the meeting to order at 7:00 p.m. (#1) #1933 TANDEM PR0P»:R1IES. 2645/3025 WATERTO\^^ ROAD PRELIMINARY SI BDIVISION - CONTINUATION OF PCBLIC HEARING Dick Putnam. Jim Deanonic. and Mark Gronberg were present representing Tandem Properties. Chair Schroeder noted that the Certificate of Mailing and the Attidavit ot Publication were on file with the City. Mabusth reviewed the plans for the second phase ot the dcvclc^ment. She noted that the Corps of Engineers had asked that the filling be reduced on lots 17 and 18 and the applicant has requested that the Coq» reconsider their amended proptnal. The Corps tell the amended proposal was reasonable and would present the proposal before the Board. She discussed the drainage plans and the runott impacts on the adjacent properties. Smith inquired about the drainage beneath the Luce Line Trail and .Mark Gronberg responded that they were creating a larger holding pond on their property to reduce the runoff to the south. He Slated the culvert goes beneath both the Luce Line Trail and the adjacent horse trail. The tssue of the outlet being designated a sacred site wras discussed. This land will be placed in the public jurisdiction as it was fell to be more fitting than to have it within the jurisdiction of a homeowners association. Jim Deanonie stated that the Restoration Society was considering moving the barn to a site close to Valley Fair where it would be reconstructed along with other vintage barns. He believed they should have a determination on whether this barn will be selected within the next month or so. Mabusth reviewed the plans for the Coffin portion of the development. She reviewed the designated wetlands on the propertv and discussed the lot smndards. She noted that lots 16 and 17 were considered back lots. Mabusth outlined the proposed location tor the interior trails in the project. Dick Putnam stated they would put woodchips down tor a surface but their intentions were to give the development residents access to the Luce Line trail. He believed that wood chips on the surface would be less intrusive, and noted that it would be left as it presently exists, with perhaps the addition of woexJ chips. He noted that this would be a private trail tor the residents only, and not a public trail. Chair Schroeder noted this was a public hearing. Mike Bursall asked if Outlet C. the private drivewav would ever serve more than the proposed two lots. Mabusth responded that it would only serve the two lots, and if they wanted more lots it_ would have to come back before the Planning Commission for a replat and he would be notified. MLNLTtS OT THE CTTY OF ORONO PLWSLNG COMMI'^STON MEETINC. HKI D OS Jl'NE 20. I9M (#1) #1933 TANDEM PROPERTIES, 2643/3025 WATTIRTOWN * PRELIMINARY SUBDIVISION - CONTINUATION OF PIBLIC IlLARESCi ICONTINTT.D) Dean Moline. 248 Cygnet Place, asked about the drainage and it the existing drain tile would be changed. Mark Gronberg responded that it would be replaced with a more restricted outlet which would allow for regulation of the outflow . Ann McCon asked if the possible widening of Watertown Road would impact this project. Chair Schroedcr responded that nothing definite has been profxised so it was ditticult to project what would happen regarding the setbacks of the proposed lots. Dick Putnam stated that they would trot risk developing these parcels if it appeared that the Highway 12 Corridor was going to be along Watertown Road. He commented they expect the other agency approvals to be through within a couple of weeks and they would like to begin t e grading on the property as soon as possible. It was moved bv Peterson, seconded bv Nolan, to recommend approval ot #1933 Preliminary Subdivision for Tandem Properties. 2645/3025 Watertown Road, subject to the eleven stipulations listed in the staff report aiKl the addition of the following: 1 There shall be no further land alterations to install trail within the subdivision. The trail shall be limited to a maximum width of 4-5’ and only wood chips shall be put down on the surface. 13.Lxits 15 and 18 that abut cul-de-sac within Coffen portion will not be required to meet the lot w idth requirements at rear of front street setback line. 14.Lots 16 and 17 will be required to meet 150% of the required rear and side setbacks - side at 45’ and rear at 75’. Vote; Ayes 7, nays 0. (#2) ZONING AMENDMENT - SECTION 10.56, SHORELANT) MANAGEMENT REGULATIONS U.ke North Bas.n and French Uke Sewer Ugoon, noting that these basins would continue to be protected wetlands. MINUTES or TIIE Cm' OF ORONO PLANNING COMMISSION MEETING IIEI D ON JINE 20. 1904 (#21 ZONING AMKNDMKNT - SKCTION 10.56, SIIORKLAND MANAGEMENT Ri:c;i LATIONS (CONTINIEDI It was mm-cd by Lindquist, seconded by Row lette. to recommend approval of the amendments to Secttttti 10.56. ShorelaiMi Management Regulations, as recommctxlcd by staff. A>*es 7. nays 0. (#3) #1936 CHARLES E. TROYAK. 2525 KEIXY AVENUE - VARIANCE - PUBLIC HEARING Charles Troyak was present. Chair Schroeder noted that the Cenificaie of Mailing aral the Affidavit of Publication were on file with the City. Mabusth reviewed the staff report and outlined the variance request. Chair Schroeder noted this was a public hearing. Charles Troyak stated that there would be adequate buffering between the two houses even after the propt>sed addition was constructed. It was moved by Schroeder, seconded by Rowlette, to recommend approval of #1936 Variance for Charles E. Troyak, 2525 Kelly Avenue. Ayes 7. nays 0. (#4) #1937 ERIKA AND HERBERT F. KAHLER. 2725 RAINEY ROAD - VARIANCES - PUBLIC HEARING Herb and Erika Kahler were present. Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication were on file with the City. Mabusth reviewed the requested variances and discussed the setbacks. Staff was concerned about the direction of the drainage from the tennis court and she reviewed the alternatives that would alleviate the potential drainage problem. Discussion ensued regarding the encroachment of the tennis court drainage into the area of the septic mound. Rowlette inquired if the applicant would be willing to decrease the size of the tennis court by 2.5 feet on each end to shorten the area by 5 feel and avoid impacting the toe of the septic mound. Herb Kahler responded that he did not know what the implications of doing that would be. Chair Schroeder proposed that they approve the variances but locate the tennis court at least 10 feet from the mound and 10 feet from the lot lines. It was moved by Rowlette. seconded by Lindquist, to recommend approval of the variances for Erika and Herbert F. Kahler. 2725 Rainey Road, with the provision that grading and drainage plans be submitted prior to City Council review showing the drainage being directed away from the toe of the septic mound, and the tennis court being located a minimum of ten feet from the toe of the septic system and the side and rear lot lines. Ayes 7, nays 0. \fTMTES or THTt Cm OF ORONO PLANNING CO.NLMl^lON MTFTFNr. HFI.n ON JINT 20, I»4 (#5) #193* IKH G OliiON, 537 PARK LANE - VARIANCES - PUBLIC HEARING Doug Olson vkas present. Chair Schroeder noted that the Ccnificaie of Mailing and the Attidavu of Publication were on file with the City. Mabusth reviewed the propc»sal and the variances requested. She reviewed the existing hardcover on the property and noted that the applicant was requesting a 4,7hardcover variance in the 75-250 setback area. Discussion ensued regarding the distance of the proposed house from the top of the blutt and the setbacks of other houses in the area trom the top ot the blutf. It was noted that some ot the houses are built within the bluff. Lindquist commented he wtmld like to see the house moved back 10 feet to put the deck farther away from the bluff. Rowlette commented she would like to see hardcover at 25 %. Discussion ensued regarding the size of the house and the deck and garage. It was telt that the house should be moved closer to the street which would reduce the amount ot the hardcover because the driveway would be reduced in length. Doug Olson asked if it would be possible to vacate some of the right-of-way and Mabusth responded that it was unlikely until the City Comprehensive Storm Water Plan is completed. Mr. Olson stated he did not have a problem moving the house 10 feet away trom the blutf. Discussion ensued regarding the decks and whether they could be reduced and Mr. Olson stated he was not willing to remove them. Chair Schroeder commented that giv^n the results of the discussion, he felt the changes recommended by the Planning Commission were too conceptual to forward the application to the Council without their reviewing it in it’s Tinal form. He recommended that they table the application to allow the applicant to make the recommended changes to the plans. Discussion ensued regarding the changes recommended. The Planning Commission recommended that the plans reflect the house being moved 10 tcet from the blutf, the hardcover area in the 0-75 setback area at 1.4% and the hardcover area in the 75-250 setback area not to exceed 26% to 29%. The Planning Commission also recommended a 6 ’ setback from the street. Chair Schroeder stated that the Planning Commission wants to see the final plans before the application is sent on to the City Council. It was moved by Rowlette. seconded by Lindquist to table #1938 Variances for Doug Olson, 537 Park Une, to allow him to nuke the recommended changes to the plans. Ayes 7, nays 0. (#6) #1939 TIMOTHY OTTEN, 425 TURNHAM ROAD - VARIANCE - PUBLIC HEARING Timothy Otten was present. Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication were on file with the City. Mabusth reviewed the staff report and the hardships of ihe property which make it difficult to construct the garage within the required setbacks. j XflNTTES or THE CITY OF ORONO PL.\NMNC. COMMISSION MFFTING HELD ON JLINE 20. 1994 <#6> #1939 TLMOTHY OTTKN. 425 TLRNHAM ROAD - VARIANCE - PUBLIC hearing (CONTINUED) Tim Ouen discussed the plans tor the garage and noted he plans to add trees along the «.ast side of the garage to provide more buttering trom adjacent properties. It was moved bv Smith, seconded by Nolan, to recommend approval of #1939 Vari^ance tor Timothv Otten. at ^25 Turnham Road, including landscape screening on the east side ot tne garage as recommended by staff, and this is to be installed within one year trom the date ct building permit issuance. Ayes 7. nays 0. (#7) fl940 KEITH J. SPENCER. IS ORONO ORCHARD ROAD NORTH - CONDITIONAL CSE PERMIT/VARIANCE - PI BLIC HEARLNG Ktiih Spewer »as present. Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication were t.n file with the City. Mabusth reviewed the propel. Chair Schroeder read a letter regarding the disposal of material from ihe wildlite pond trom -iiy Engineer Shaun Gustafson. He noted the City should obtain a construction schedule trom the applicant. Keith Spencer stated thev plan to use hay bales as a means of erosion control while the dredging is underway. Lindquist inquired how long the process would lake and Spencer resjwnded he would have it completed within 30 days from the time consinictton commenced. Discussion ensued regarding waierfov l nesting areo^ and Peterson asked if the applicant * tten ^ construct an island in the pond for that purpose. Spencer responded that he dia not intend to construct one. Drainage in the area was discussed. The soils and amount of water in the area were di^uSKd and concern was expressed regarding ihe poieniial for equipment getting stuck and ™«d in he wetland. The restoration process was discussed and the Planning Commission lell that a consituciion managemem should be included in an approval. The Planning Commission also lelt that a letter of credit should be posted until the construction was completed to ensure that the streets were kept free of mud and debris from the dredging operation. h was moved bv Nolan, seconded by Smith, to recommend approval of ^mO Condilional Use Permit/Vatiance for Keith Spencer at 25 Orono Orchard Road North subject to the live stipulations included in the staff report and the following additional stipulations: 6 A construction managemem plan shall be submitted for staff review and approval prior ' to issuance of the permit. Streets shall be kept clean during the construction process. 7. 8. The entire project shall be completed within 90 days from the date of commencement. The applicant shall submit a Utter of Credit in the estimated amount of restoration of the area. MINTTES OF THE CITV OF ORONO M.A>MSO COMMISSIOSI MEETING HELD ON JUNE 20. 9. A site plan shall be submitted illustrating that 75% of the perimeter will remain in its natural state and 25% may be mowed within b feet of the edge of the wettand. Ayes 6. nays 1. Lindquist stated he felt that the pond should be defined prior to w-ork commencing on it’s construction. (#8) #1941 LKROY AND WANDA RSCHBAC II. 3135 NORTH SHORE * VARIANCES - PUBUC HEARING - TO BE RESCHEDULED .AT A LATER DATE PL.A1NNING COMMISSION COM.MENTS (#9) REPORT BY PLANNING COMMISSION REPRESENTATIAX Am:NDING COUNCIL MEETING OF JUNE 13, 1994 Undquist reviewed the actions of the City Council at their meeting on June 13, 1994. (#10) OTHER ISSUES FOR DISCUSSION Smith inquired about the Park Survey and Diann Goetten stated that it was being done now. and they expected to have the results in the near future. Smith inquired if it would be beneticial to have a member of the Planning Commission serve as a liaison octween the Park Commission and the Planning Commission to enable the Planning Commission to have a better idea ot what the future plans were for parks in Orono. After discussion, it was decided to wait until the survey was completed, and then perhaps have a meeting with the Park Commission » what the best means of establishing a regular method of communication would be. ^abusih suggested that perhaps the Planning Commission could receive Park Commission packets, which would provide them with that intormation. (#11) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MAY 16, 1994 MEETING It was moved bv Lindquist, seconded by Peterson, to approve the May 16. 1994 Planning Commission Minutes as submitted. Ayes 6. abstentions 1. Chair Schroeder commented he had to abstain because he had not read them. Vice-chair Peterson stated that e wou s.gn t e Minutes. r MINUTES OF TUK CIIT OF OilCTNO FLANMNO COM\fl>^ION mkftim; HEi n on jint; io. (#12) PLANMNG COAIMBSION TO SKLKCT A REPRESENTATIVE TO ATTENO THE JULY lU 1994 MEETING OF THE COUNCH- SmiLh stated she w.>uld attend the Juh 11. 1994 City a>unal meeting. would aucreJ the June 27. 1994 City Council meeting because there were several Pla ^ Commission items scheduled for that agenda. i%DJOllLNMENT It was moved by Limiquist, seconded by Peterson, to adjourn Lhemecling. Ayes 7, nays 0. The meeting was adjourned at 10:25 p.m Charles M. Schroeder. Chair I. r MEVLTFS OF THK ORONO PLANNING COMMISSION PI BMC lIKARINi; PROPOSED .\MENDMENT TO SECTION 10.41. B-2 LAKESHORE BUSINESS DISTRICT III ON JL^iE 6, 1994 ROLL The Orono Planning Commission met on the above date with the following members present. Chair Charles Schroeder. Dale LindqutM. Janke Berg. Stephen Peterson. Candace Rowlctte arcl Sandra Smith. Building and Zoning .Administrator Jeanne .Mabusth. .Assistant Planning and Zoning Admimstrator Michael Gaffnm and Recorder Lin Vec represented City staff. Chair Schroeder called the meeting to order at 7 00 p.m. Schroeder noted the meeting was a public hearing being held to discuss the propo.sed amendment to ilK B-2 Lakeshore Business District, Section 10 41 The Attidavii ot Ihiblication and Ccrtiftcatc* i>f Mailing were duly iK?tcd There were ix> members of the public present Schroeder explained that dunne this (vmonth review pn.Kess there has been signilicant input from marina owners. residents, 'and neighN>rs of the marinas that is retlcctcd in the development of this ordinance. Schroeder asked for comments from other Planning Commission members Peterson commented that the best effort possible had been put fonh and while there may be specific sentences he would mH agree with, the overall draft was well dorte. Lirelquist commented that there had been much input from marina owners and the public over the 7-9 meetings held and hoped that the result is something everxone can live with. Schroeder noted the Planning Commission had been charged by tb: Council to review the B-2 ordinance about nine months ago. He added that Council may wish to review minutes of the past B-2 meetings to uixlersiand how the Planning Commission arrived at their recommendations regarding the new list of conditional uses. If any marina owner wishes to engage in activities that are considered conditional uses, there would be a review by Planning Commission and Council with public hearings to discuss the conditional use before it would be approved by (he Citv. Row lette questioned if the final product was something the City can uphold. Gatfron responded that the marina regulations deal not only with the physical aspects of the site but also the way they operate. The City has significant ability to get them to operate correctly but limited "clout" in makimz them change what physically e.xists on the site unless a zoning or permit applicant is made.' One of the staff goals will be to obtain compliaiKe with the things that can ^ controlled. Hopefully, those physical things that arc objectionable can be dealt w iih through the variance review when a marina wains to make some changes. He noted the Planning Commission made a conscious effort not to lower the standards to meet what currently exists at the marina sites. Council had originally questioned wheilier the City should develop an ordinance to be more realistic with the current site conditions MIMTES OF THE ORONO PEANMNG C OMMISSION PUBLIC HE^tRlNG PROPOSED AMENDMENT TO SECTION 10.41, B-2 EAKESHORE BUSINESS DISTRIC'T HEED ON Jl NE lV^ Peterson liK*ught the manna t'wners had perhaps come to the same I'ondustons as ihc Planning Commission which mas be the reas<>n there are no manna o\* tiers present. They ma> feel th.ii their concerns had been discussed thr«.HiglKHit the meetings and it was ntH necessary to be in attendance at this public hearing. Gaffrivn commented that he talked with one of the marina owners recently who was aware of the public heanng. Schroeder agreed that the City could do little to affect the physreal charactenstics of the mannas tHil may be able to affect their operations, lie commented that Rowlette had originally suggested that there may be some potential “other" uses that cinild he added to tltc code in c.xchangc for getting better physical compliance. Berg commented that she was pleased that snowmobiles were to come in as a conditional use permit. Smith agreed with comments made by ’ other members and felt an cxcelieni job had been done. Peterson asked if staff had any feeling as to how Council winild react to the draft dated May 20, 1994 Mabusih noted that the Mayor fuid staled the Planning Commission sh«mld leave the uses alone and work with the performance standards. Members agreed Schroeder added that the u.scs needed to be considered in order to deal w ith performance standards. He did not think marinas were particularly bad iKighbors ami it was important for the City to continue to work with the marinas. Lindquist added that significant improvements had been made at Windward and Sailor ’s W’orld as they came in for variances. Mabusth also stated that as the marinas want to make changes, the City could require improvements. However, if the marinas don't come in for improvement projects, the City has little clout in requiring improvements. Rowlette stated the Planning Commission needed to address uses to get the marinas "in the door" so the City could require improvements Mabusih felt the marina owners started to rum when they saw that a "wish list" could require changes from them, although at first the marina owners looked positively at increased conditional uses. Schroeder stated they should recommend to Council that the City should work with the marinas and avoid any adversarial relationship*.. r MINLTKS «« THE OKONO PLANNING COMMISSION PL3LIC HE \Hlvr PROPOSED AMENDMENT TO SECTION 10 41 ' B-2 LAKFNHOKE Bl SINT:SS DISTRICT HEED ON JINT 6 IW4 Rowlene «fcfcd thji ihenr may nw he 100* aereemera by eveo'>nc lo ihe proposed a.mndMK bur It 15 bener than »hat eaisicd Changes can be made if necessary if there are pans ihal don i work Smi* «ked what the neat step would he. Gaffron responded that the draft ordinance would likely be brought to Council in about three weeks. June 2T. with the Plannine Commtssion recommendation lor adoption. Smith restated that the approach taken b}' the Planning ComnuNsion was to conceptuallv dexeloi a more workable ordinance by rea>gnizing that the mannas are member of the communiiv and have cerum responsibilities. By drafting the ordinance as the Plannmc Commission did there will be more give and take than in the past to work together with the marinas Although some new uses arc proposed, there arc M^me strings att:iched. Gaffron reiterated' that input had been received from the public and marina owners. Soint; aspects of what the marinas do can make them a 'bad neighKir" but gencrallv ihev are rK)i problem neighKirs. " ' ' ' Peterson added that there Wk>uld always be problems when there is a business area.in a residential Gaffron commerued that providing marinas with more use options retlects what is happemna today and is a 'trade off for the marinas. The City should consider working with Ihe marina.. noi acainsl them, and assist them m being an amenity rather than irs ina to stop them from l« in? a problem. “ ^ Lindquist reiterated that the Planning Commission purposely decided to write the ordinance with Standards as they exist rather than changing it to meet the existing physical characteristics of ilif* marinas Mabusth stated that there were problems w ith some of the marinas as they exist because h'*i is a ’’grandtathcr " situation with some of the uses. Gaffron thought additional language ma> be needed to address some of the existing uses that will now become conditional uses. Gaffron will request that the City Attorney review the draft ai discuss the entorcemeni oi conditionaf use permits for uses that afready exist. Membi': requested that they get copies ot the Attorney s opinion before the Pfanning Commission meeti’ig ot June -0 it possibfe so changes coufd be made at that nieetiru! if thev were necessarv. Beverly Blomberg. 3180 .North Shore Drive, armed late and commended the PlaiDi*’ir» Commission for their well done work. Peterson thanked her for her attendance and intere.s* in previous meetings. MIMTKS OF niE ORONO Pl.ANMNG COMMISSION PI BI 1C IIKARINC. PROPOSED AMENDMENT TO SECTION 10.41, B-2 UAKESHORE BUSINESS DISTRICT HEED ON JUNE 6. 1994 It uas moved bv ’ Schroetkr. seconded by Petcrs<'n, to approve the May 20. 1994 draft of the proposed ameisimcni to Munkripal Cixfc Section 10.41 atteciing the B-2 lakeshore Business District, as presented in the memi> dated May 31. 1994. subject to a complete review by the City .Attorney to assess its enforceability. Ihis will be presented to Council at iIk June 27 meeting, subject to the Attorney ’s comments. Ayes 6. nays 0. Planning Commission members commended Gaffron for a job well done, and for the long hours and work he has put in during the B-2 ordinance review privess. ADJOURN.MENT It WHS moved by Berg, seconded by l.indquist. to adjourn the meeting at 7:30 p.m. Ayes 6. mavs 0. Charles Schrt>?der. Chair Person r w t €•«. fWk, »!*•-••• * •rtftan. #«. V«i MS • rti f.lT. l**4 l»ttl rUPHAM MAfK f W ( T « S SG« fit §•«?«• ^ * » ▼ M •*•!§▼ M *«» C t. Si I •• « < S • ▼ • tt«Oft ^Ck €«a tst «••• t If f 14 •••• A. I »•! •..«• S|, tMM* Oa TC:•rlnl -iH- AUTHOKtrATtON NO. FACSIMILE COVER PAGE; NO. OF TASCS. INCUUOtN'a COVER RAPE; ^ 3 Matter no . ^ ^ \CUCNT NO. A.M./R.M. U ASAPTAANOMirrAU tS} o UltufeNT O IMMEOIATEUY SY.______ FROM: ^T^W*^Tk)*Sj_____________________TCLgRMONK NO. *3*^H * fe) 3 1 O PLEASE DEUVER THE FOLLOWING PAGES TO; N ame FfosiMiLC N umber TCLCPHONK NUMSCR 1. ^A^¥^C‘ £piFf<k«M 4i3- 051O HU- TJSn 2. 3. ■ 1 • 4. 5. 9. 7. COMMENTS: IF You Do NOT RECEIVE LEGIBLE COPIES OF ALL PAG 1.4, T JEASE CALU G12/334-. TmC impommatiom pptrrAiSiCO m TSUS rAAiSiSiiL£ missacc t» COMriOOmAL IHroHMATlOW INTVHOCa Os#LY rO« «•€ OP THE IHOIVlDUAL on €Hf\Vr MAstkO APOVC. IP TSiC PCAOCA oP TmiP mC ssaac it HOT Tm* |KTCM0«4I peaPiCMT, CMI VNC CMPLOYm.P OP AOCMT P*PPOHSI#L« TO OCUVtA IT TO TN€ ISCrLMOCD MOtPICKt* VOU ARC MCRCPT MOTIFiCD TT4AT AMT OitsCPtNATIOH. IXrTPIpvmOH OP OOPTl»<a O# TM1P OOMtSUMlCATlOM IP PTPICTIY PPOMipfTCO« IP YOU MAT^ PCGCITTO TMIt COMMUMICATIOsf tf€ PPROP, PLCAJC IMMCOIATCLT MonPY Wf PT TlCLCPNONt, ANO PCTWPH TNC OPiOlHAk M&PPACC TO UP AT TNt ABOVE ADOPCPP VIA tHf U-G. POPTAI. OCAVtCA. Tmam P TOO. 771/11015520 IAL91 1^. mpmM ■■■.MKMEMOR\NPVM JJftO Pll»r Jt/IVty TiVtttt :;2 S*ntth N*«^ Snr»« ML-uieipcylU, Mtnn^»ot* SUt>l (612) 333-»M») fiv FArsiMii IE TO;Mike C^ffron City of Orono FROM: RE; Kevin Siaumo!!S' DATE:July 17, 1994 I am writing in response lo yourmemo to Tom Bairett icgwding the ibovc-rcfcrcnccd •^U, conim Ux cnfor.»bimy of U« propc«d ,monJraor.u to soctloo 10,41. You h.ve souiht oor ,J- i« about how to best acuonipltah the ^bsmH«Vais 10 tb,e proposed rtteodments jlvett the fact that many e.aistm, tosuDsunuve ^r t ____ contrary to thethe City of Otono conduct bus-.ncss acUviiies or use their land in ways contrary to tnc psoposed unendments. This memo is designed address an issue regarding what Is the most appropriate regulatory vehicle for each of the changes proposed. I.enforceability The first issue raised by your memo is the City's ability to enforce aiiy of Ute cltMgeS being c”»mXteTsJI«incally. you are concerned about the abUity to ^ these ameodments against marinas ihai have been operaung or yews a* . -«<«• ^y.. r- _____ .n.eniiments even On maiinas iltat Iiave been (legally) opetaung foi a longto enforce the new amendmcnii even ------------------ - . Ume in a manner ihat would be contrao' to Ute new amendments. The City may ueat pteeaisUng nonconfcrming uses tltat were Uwful prior to adopuon of the amendments Preexisting tion-conforming uses that were Uwful prior to the f regulations rendering them unlawful may be treated in one of Uitcc ways. * be allowed to remain or continue. Under this option, the property own changed, condnue ihe nonconforming use of die properly indofuiitely so j expanded, or intensined. The theory behind this opuon is ihai nonconforniuig ^ i gradually be climinaied through normal wear and lear, obsolescence, or c JI9.'5:63UIJ7/17^4 r f tan Nai« wtL I *11 •. * i%^4 ^it #:»p. ^ Ihc t-tmtM. oc oai'jcil (Jlmai ' Second, the o.c mty be c.imlniisJ throojh the C'<y’J “« endnenl domain. Use of this option ia metcly •noC-.Jr way to desenbt . nreeiia’inf nooconfcnni.nt oaea to come Into coopliir.ee with die new rcsulauoiu. WeCiet Lt requirement rett.lt. tn . -iiltinj- wiU depend on the pwticuk. circumsi^cos. T^d. noncontorotni usei miy be elioltuied over a period of Ume throujh irnoinratton. This rn’chinism*requires a nonconformlnf use to tennini*.e after a ptescitbed period ot time elapses The prescribed period of Une under such a mecha.nism n-.ost be sufficient to a.Iow the property owner u. mcoup his o: her investment in the ncnconfonnint use. AS mentioned above. U-.e City may force a pa.-ticular ptopertv o^er with a preealstin* lawful use of his or her properiy to comply wiJt the new becomes wheiher L'la: property owracr can come mio compliance and sail be able to use ttc nroperty in the wav it was being used prior to Cie Ciiy’* tdopiicn of Uw amendments. For LLce an extsung nanna may have so llule remaining open space Uui u u impossible o m ^e recuired number of parking spaces on Cic open space on the property, ^qulrlng iinct compUance with the requires-nenis of the new provisions of the code would make ineligible for a condUlonal um pennit, thereby forcing the property owner out of business and probably uiggering a "taking" claim. Conversely, sn eslsUng marini may have sufnaeut space foi ilte pmlunl sta.Is ten-uired bv the new regulaUons Under such ciicuuisunces. th.e mama would be able to romply wld. the new rhulatlons and obtain a conditional use permit. An «»umeni mat me prop^4' ‘“1 ** considerably icss persuasive under such ctrcumsiances. Because me consequences of bringing pteesisling nonconforming marina uses into compliance are so dependent on Uie circumstances of the patucolir marina, we “ ofiSng variances to the conditional u.e pennii requirements in cases where imposidon of those requirements would visit a parUcularly harsh hardship upon Uic avoid "taking" the propeny. In each case, ihe City can decide which of the ouUlned above is the most cffccUvc way to uliimaicly eliminate will allow Lhe City to aggressively enforce the zoning amendments In rinim^ hv IKUe. if any. hardship will be suffered while also avoiding unnecessary takings clai s by granting variances for those marinas that need them to stay In business. elements, or natural disaster. 2U/::05I41J7/|7.*54 J r rr '1 ¥9t0n «9ain s •IS f.lf.l••• 7#»•• n. AfPROPlUATE RI Cri ATORY VEIllCLE The second issue that comes to mind u I review the proposed amendments is whether ihe zcnini code is ihc approprUte vehicle for all of the lejuUtcry foils you seek to Implement. Generilly. ite Ciiy*^ loning cusfc is Uie apprcpriitc vthic*c fer reguhunf land - ,K-. nni ch«-#e from dav to (Uv. For nsunce, the type of business to be conducic«L from iay to day. For nstance, the typ^ of business to be conducie^ the sire and locauon of buildinjs and other structures, the percentage of the lot which may be occucted. and the sire of >a:ds and other open spates aic legulatory goals which can only be accomplished through a zoning ordinance. Sli Stat. } 462.357 (1994). One of ilte tools available to a City in rcgulaiing these types of land uses is the ccndiuonal use permit See Minn. Sul J462.3395. Conditional use peimiis allow a City to designate ceruia types of land uses within a piiticular zoning dlsirict based upon Utc applicant ’s satisfaction of certain standards and criteria articulated by ordmaiKc. U. Uses of latid tliat might change from day to day. on the other hand, need not be regulated by the zoning code. Such uses Include the specific activiUes that are conducted oo the property as opposed to the physical characiensucs die site and the general nature of the acUvity being conducted. These specific acUviUcs (such as hours of operation) may be regulated ilirough a licensing sclicnie pursuant to the City’s police powers. In the proposed amendments to Section 10.41, most of the regulations appropriately part of the zoning code in that they deal with the physical charactensUcs of me site and the general nature of the business being conducted Utercon. Amendnienta addressing specific activities, such as the on-land density of boat storage or Incorporation by reference of I.MCD regulations do not need, however, to be Included in the zoning code. Aliliough Uicrc is nothing improper about including them in die zoning code, you may want to consider moving these to the marina licensing section of the code to give the City more nexibilny tn amending ihcsc requiremenis at a future date. (As you know, li Is much more proccdur^ly cumbersome to amend the zoning code Uian it is to amend other sections of the code like the licensing provisions) CONCLUSION I hope this information is helpful. I would be happy to come out this evening and visit with the Planning Cummiviion ds it considers iltcsc amendments. Please let me ow how you would Hke to proceed. cc: Thomas J. Bairetl 2ld-C:05l4l)7/l7/C4 ) i * ?