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09-21-1987 Planning Packet
r ( PLANNING COMMISSION NESTING MONDAY, SEPTEMBER 21, 1987 7:00 P.M. 1275 BRONN ROAD SOGTH - COUNCIL CHAMBQIS COUNCIL REPRESENTATIVE - William Sime, Jr. ATTENDANCE PUBLIC HEARINGS 1. 7:15 P.M.#1197 W. Ferrell/C. Wicks, 3045/3085 Watertown Road Subdivision of a Lot Line Rearrangement 2. 7:30 P.M. #1201 M. Hilbelink/J. Vogt, 320 Old Crystal Bay Road North Class III Subdivision - Plat ACTION ITEMS 4. # 643 Bruce Curtis, 1920 Fagerness Point Road - Reconsideration of Variance Application 5. #1171 Landmark Construction Inc., 3820 and 3830 Bayside Road Class III Subdivision - Preliminary Subdivision - Second Review 6. #1177 T. Waters/J. Dennis, 3055/3061 Casco Point Road - After-the-Fact Conditional Use Permit - Second Review Applicant to present plans at meeting 7. #1193 Thomas Huber, 2615 Shadywood Road - Variance - Continuation of Public Hearing 8. #1196 Dennis McGreevy, 3405 Eastlake Street - Variances - Continuation of Public Hearing 9. #1198 David Wm Rahn, 1134 Wildhurst Trail Variance - Public Hearing 10. #1199 Richard & Gay Kelly, 425 Oxford Road Variance - Public Hearing 11. #1200 Thomas Scherber, 1820 Shadywood Road Variance - Public Hearing 12. #1202 Paul Schueller, 1280 Spruce Place - Variance - Public Hearing ADDITIONAL ITEMS 14. Planning Commission approval of September 8, 1987 minutes. 15. Planning Commission to select a representative to atcend the October 12, 1987 Council meeting. ADJOURNMENT i /9r.. PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE ~7 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) NAME OR NUMBER ADDRESS 2 i. V > Lu Jj~QlL ^ //7/ Un-. ^ ^ ’3.'^J„tU /L0 ;iV#K-i_jn n^i 1rx 4 • L^o v^ 1.^ V J p ^ \4 *il j/ 5. u.) ilJii 344^ Dr l^O I H( Iti: l/sTik j^U'^^if 6 ____i CKf f//(.^etu/|cAcb1 / (7.9^’"' \ i( r |'i1 ' — ' ’ ■ • * 1 W jr ) V • i » » • * * 1 -/* y f £ - . ,, . 1- ' ,.r ""mi 8. 'AVt" c U,A* 1 i » ..K\ 1 T*i . 24 9. )A\K\- \-l\l6fl iM t /_ * 1 c <? c f^^c'>JJ^)O/•O•Ai-x Izcl /A-/">•->'/jr/ //^ / » //'/> / ' X '•CM//iUv /c'hj 1^1 th/ ------------------:— •^/ // Y ' .3,/'t/*(> r. f\/AjJ // ■•)V/;.//,.//. r". f 7f/.’,l ^ y/ .4. • • ,5. 6. 7. 8. 9. 0. f • i 1 PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE ^'1 !j^ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)NAME OR NUMBER ADDRESS '^7A' riiyV/iU. £*t\ 0.W6 ir/i //^-7 r-, ///^ j^-;r J f' //‘?'7 ■)00! C'^.fu^Pi.PA ^ uri \k ' ^• 7 - vv/> Ml '1 ^______ ' A >J . jY y /-K-j ^ , 9. y.r ■' ^'y•v Vc> V :?c' IS yfyn^x^r .. ryy // y 7 fs. ' y ^ 'LO • ^ A-, < / \^ /"j //AcUy . y^zTTTt'^.x Ai .//'/7 ,1 . ' ■ / /^r\ ) /*c^/vk < .*../IX.' /1 ^ ,2. /. aTlv-wv^ •' J VI IV < t • # f -7 ' II .3 • /_^ ^ L< -—r''/7 /’ll f-c. / /./••>' A ^ J~ -^// 71 ■^\.J^Li.<m,i\__A-) i^A iji: ( G ■. c: ,V„ ,. /’.('^IXCJ /y^/y ( V . / /j O 1 6.,^ ^ / // / ,.jjSf's^r</v . 7/ .t fii.lx^r. /' /'L/'l. /./.y 7. 8. 9. 0.• I To: Prom: Date Subject Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator September 16, 1987 #1197 C. Wicks, W. Ferrell and Gordon Coffin - Lot Line Rearrangement - Public Hearing I Zoning District - RR-IB List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Auditor's Subdivision 230 Exhibit E - Survey Designating Properties With Subject Parcels to be Deeded Although presented to staff in the enclosed subdivision application as a lot line rearrangement by applicants' attornies, after further discussion with the surveyor, Mark Gronberg, both of us would agree that we are not considering a lot line rearrangement. The review involves more a corrective action that would offset incorrect legal descriptions of properties originally created within Auditors Subdivision No. 230 (Exhibit D). The original surveyor assumed that the distance between the half section line was the customary 2,640 (distance between Old Crystal Bay Road and Leaf Street, review plat map) but was actually 2,659 feet. It has been this additional 19 feet of lineal length that has created havoc for property owners attempting to sell their proeprties with these title irregularities. One such owner, Mr, Ferrell, has been unable to clear the title of his mother's land for over two years and has had to delay sale until resolve of the "irregularties" of the legal descriptions of the property. The process inv’olves three current owners of properties within Auditors Subdivision 230 (review Exhibits C & D). Mr. Coffin is in the midst of an independent torrens action involving his total property holdings. Mr. Gronberg advised that Mr. Coffin will be present at your meeting to answer any further questions you may have. Simply, the process as described to me involves the exchange of quit claim deeds relinquishing all interest in the defined parcels and filing corrected descriptions with the Hennepin County Tax Office. The enclosed survey shows only the drawing of these parcels - a final survey will define original and corrected descriptions. Planning Commission Action - To recommend approval of the filing of the corrective survey that would redefine the legal boundaries of Lots 3, 4 and 5 Auditors Subdivision 2 30 and to direct the staff to file these documents with the appropriate Hennepin County «lopartments anrJ to further advise the Hennepin County Tax Of f i '*e f' f t h•' C i > y' ■> {'r> r V ’ I of ♦ r T p s t ('*■ i (»n s b i g i>»» ♦-'<<-» finding '••of tdi;.» c: oci-..s wi I I ntv** no •‘'vi I •.•if'-ct on t)je propeities as currently u.; '<1 in. ! ■ ' 1 • .! t- I /i-•) -s# CITY OP ORONO i SUBDIVISION APPLICATION FORM Date Rec'd ny ____ I I r ee Rec'd '/ . f'-11 APPLICANT Name Tj{rl I Q Telephone - y/y/ Mailing Address ^0 U h h'(Ar//rvj f,/ '^■ y \{ _ _ Telephone jT- S'/PHOPERTY Name /l,,0 7^ ,-y .,l/l I, ) , OWNFJl / ' Mailing Address '3C>^y' iLy;C^':/(XCi''n ^'-c^(P /W (Attach list if more than one) ^ (J f t PROPERTY LOCATION Street Address Property Identification No. (P.I.D.) CV 'H 7 I ~ 2z - r^r;r> > Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels I Development Size Present Use (check) Acres Dry Land till CF Ui(C^0 Acres Wet Land Flr^A^XE OFFICE Acres Total, all parcei§^()-C,?00(? o . , , . 01 fJEH 125.00Residential; no. of un:^^^., ^ Li /£uAOther (specify)ft-----#VI -rr Present Zoning District ^.'L f 1. f < fc- » « >M1.C U A# I » I tnt t\ I t.*' TVteVV'CV CWA MV 4 {,9/21 PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites INumber of Building Sites: / Existing Units New Units Total Units Proposed Gross Density /Units per V Acres Minimum Lot Size:Square Feet Dry Buildable Land Proposed Uje; (check)Residential Other (specify) (OVKR) MINIMUM HATKFUAL NTCHSCARY FOR COMl'l.ETK PRELIMINARY APPLICATI(>N 1. Application Ccir.^ tcJ 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4 . Stamped, legal sized envelopes ( #10) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _________________i____________Date MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 1. Payment of fees (par)c 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 acceptable form of security. Certification by Zoning Department that Pinal Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ FEES S)cetch Plan Review (Class I, II & III)$150.00 Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/iot Final Plat Review (Class III) •(Plus any legal or engineering charges) $150.00* Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Date /9y ^7 Date \ v/T Applicant must havo all submittals into the City officer. 25 days before the Planning Conur. i bs ion M<.*eiing. PKannii.g Co;iJ»i su i on Xcotingi are usually held on fir Date Ri'cM Uy '7Z./0 __________ Fee Rcc'd ^ SUDDIVISION APPLICATION FORM APPLICANT Name ix) Pj, rro II / 0 . Lk): 0 k\f ^ ^ Mailing Address _ _ _ _ _ _ _ _ _ _ _ Name Telephone PROPERTY OWNER Telephone Mailing Address _ _ _ _ _ _ _ _ _ _ (Attach list if more than one) PROPERTY LOCATION Street Address 3<0 V /'?> 0^ ^ ’^•^4'tJW'v^ /^cl , Property Identification No. (P.I.D.) Complete Legal Description to be attached to application "XISTING LAND USE Number of Tax Parcels Development Size rrrv rz rrmin LfJ t I rrwAi/rr fccrrc $ » M.i- A Ai rrhf fvnVA CUM Acres Dry Land Acres Wet Land Acres Total, all rurri" UrI /UWA R L.U m VV» W!J parcelS)jg]40 CCOI r<0l JO?: Present Use (check)Residential; no. Other (specify) rr of units r-'i/toj vu*/ AU ‘/ Present Zoning District PROPOSAL _ _ _ _ Division for Tox Purposes Lot Line Rearrangement Only (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: Units per Acres Square Feet Dry Buildable Land Proper,Oil Use: ( ;heck )Re;; icient ia 1 '.;*.h<r iui rijy) tnvi:n l >aa;o H O X ! •) r > -< •'I m o :3 1-u rj :a 2 >:r X ao H O >: •j -< n A3 o T3 *•m ’J :in a fj X tn \ >* Z3a 30 H > X 3 C3 X3in O -< > m r: o ,T3 :» a m 11 X > a a ;o H > -'J > m » *3 'j • • f Io 3a T3 > C .13 > Oa 13 •H > .X > -< ri O >: • • m U J- o aa a > -in X o o fj rj a > H in o O O 90 K *T| -n PI '1. .) ■' «. \ * -i 1,1 n!• n oo rj a > 0 1 n i Ss fit • Mr 04 VJl O' -1 r ’ if- ••, ./.\' .'I V AI' ^-.iv ' I t /I J I? V.j fHh •*»C\Oroas) A/t4/ corftt f 4-ti7-23 4 C o 1/ I /-' I I I'. <cj-4 //¥e . A^UJV^of • j“^c. *V> : W.'r£:/irau/yv 2 97 C7d r^«4f) H 'I%V. >> >o tM <h K r.<< /^. 5 t^efic.foo o/ /? ^ jTfc. •n T O'* N % 799,00 « Zi i/%9 rt»//t/ //^, o7A/u%^( ;Vci*/#/f 4-07^2J \i N U/ej7 //W f 0^ ^ms/ too ac r€ r #/ A/U/U^ 0^ frc/ 4-7ty-l3 parcel I i! .V <c t« ^ V .1 'S^ xv» V ti Q* ^o >0 V) N Si:: Lo'/CAfS § 2 97 (tOn^t) Sj y. C c % > vS \ 'i 'S •i >5 O V ■ V \ Vo V m' *h O Vo Vi ! Gfr^0A Caffy^f 7a CAtrv7 Pj^rr// J9o,00 77,93 /000f. JA,S3 </<•/<.C o PP/A/PARCEL » i. ^ «, • 1 ^ ^ »t \I ^ e- - t 4 # ' ' »1 K 1.. ✓ y ' % 1 V ^ • «/ •f 1 4.- A »“»»••,*• ^/A / 1 .»'*•/ »t 9 ' t / ' # * C'' *- • *§« V To: From: Date: Subject Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator September 16, 1987 #1201 Mike Hilbelink & John Vogt, 320 Old Crystal Bay Road No Preliminary Subdivision - Public Hearing Application - Subdivision - Class III - Plat of 11 lots served by two private roads providing future access outlets to the existing platted east and southern access corridors at the borders of the property. Zoning District - RR-IB Gross Acreage = 35.10 acres Total Dry Acreage Per Lots = 29.8 acres Total Wet Acreage Per Lots = 1.7 acres Total Acreage of Road Dedication, Private Roads & Outlots Density Ratio = 1 unit per 2.70 dry acres (29.8 acres) 1 unit per 2 acres required = 3.6 acres List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G “ Exhibit H “ Exhibit I “ Exhibit J - Application Property Owners List Plat Map Sketch Plan - Application #1192 Plat Map Locating Surrounding Roads and Division Lines Staff Sketch of Soils Map Watershed/Drainageway Preliminary Plan Soils Map Engineer's Report The applicant has submitted a preliminary plan per the Planning Commission directives at the sketch plan review. All lots are now served by interior plat roads. All lots meet the required lot width at the rear of the required front yard setback line. Lot 8 is optional. If Planning Commission has concern with the location of the temporary cul-de-sac , it may be moved further east. Althrough there is no standard in the subdivision regulations that would require that all lets be of the same size as some members have suggested, the developer has provided 2 to 3 acred lots. Lot 7 is 6.1 acres because of the poor soils makeup (Exhibit I) and a drainageway that intersects the lot. Upon a site inspection of the property, there are two obvious areas of the lot that would be suitable for the house and the septic system. The remaining soils are not suitable for septic treatment. Zoning File #1201 September 16, 1987 Page 2 of 3 Double frontage (through lots) have been proposed with this revision in lot arrangements. Although the code does suggest these should be avoidedr they are not prohibited and Lots 2, and 2, Block 1 will no require variances. The reason for the placement of the spur road is obviouu-need to intersect major drainageway, if j:oad was *^0^® located, tree loss and preseration of natural amenities for building sites. The only variance required with this subdivision is the customary variance granted with the creation of a private road because all lots are not served by a public road. for all proposed accessory structures. The engineer has reviewed the proposed access for the private road at Old Crystal Bay Road and has found no problem. There is adequate sigh distance at 325 feet in both directions. The east/west road would appear to qualify for a 28 feet M.P.w. ai north/south spur road for a 24 feet M.P.W. b'=e“i\%”i"ua7d ”ur rcKe"ts\ flows to the north. Staff has discussed the drainage path with the engineer (Exhibit G). The City is concerned with adding more drainage to an already sensitive watershed. The engineer will ® specific recommendation regarding the need to provide retention on site. The drainageway need only be designated at 20 feet but s expanded as it nears the wetlands area. Per Section 11.10, Subdivision 21 C - both roads must be individually named because they each serve 4 or more lots. have to determine the merits of naming the future through road Woodhaven Drive per the directive of Section 11.32, Subdivision 2 E. I Zoning Pile #1201 September 16, 1987 Page 3 of 3 Septic testing came to a halt two weeks ago. The farmer that is leasing the property will not let the site evaluator in the planted soy bean fields until the crop is harvested. There have been borings and preculation holes already made. Staff has been advised that the farmer will allow the evaluator in on foot; if this is the case, the applicants may be able to return to your October meeting for preliminary approval. Staff is certain we are looking at mound systems for all lots. The surveyor is preparing a more in depth soils map for your packets but as of this writing it appears from the soils map sketch prepared by staff, the house location for lot 7 may be the only suitable location for septic systems on the lot. Septic testing will confirm the suitably of all soils. No action is required by the Planning Commission, the neighbors should be given on opportunity to comment and ask questions of the applicants and the City. Planning Commission should give further direction to applicants if members feel they have not responded to your comments at the sketch plan review. Please advise staff prior to the meeting if you seek additional information that would assist in this preliminary review. Staff would also recommend that uieinbers review the purpose of sketch plan reviews and the required submittals necessary for these reviews. If you wish more detailed information at the sketch plan level, the cede must be amended. The time for more costly supportive data is at the time of the preliminary application review. u 7/*’ . t' ii ^ iI ! / CITY OF ORONO SUBDIVISION APPLICATION FORM !.! r*t* Date Rec'd 9- By Fee Rec'd /> / APPLICANT Name J' ^ S/7yri Telephone . - - . ^. - Mailing Addresg*^^r //».✓. /T/<uy' ':Cr^-r?.Ur, PROPERTY Name /^PC_____________ Telephone _______________ OWNER Mailing Address <r^y/y> •y'T (Attach list if more than one) PROPERTY LOCATION Street Address ,3c^c> /'/jy Pt--^ Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels Development Size / Present Use (check) CITY CF OROf^QAcres Dry Land Acres Wet Land ^ Acres Total, all Parcels ^ Residential; no. of units ^ Other (specify) 13t0^v^-\^w ” - - - - - - - - -TTZUi—TSO. 00 Present Zoning District PROPOSAL Division for Tax Purposes v'l t-’ui 131-0200000 01 CEtl 270. C>0 J j i- 'J j OOOOv 01 C-ES' 600.00 rr y Lot Line Rearrangement Only (no new buiIding^niiOi^S^ ^ 01 i‘t,V 410.00 Subdivision for New Building Sites / rurri't. t \.» 1 LTL.*' V I L. Number of Building Sites; rT 7 i noi I \.'\r kELEIPJ-THA^E YOU Existing Units^r.nA47j) CCOI ROl T12:02 09/01/37New Units Total Units Proposed Gross Density Minimum Lot Size: Proposed Use: (check) frcrc Units per Actes Square Feet Dry Buildable Land Residential Other (specify) (OVER) MINIMUM MATERIAL NECESSARY POR COMPLETE PRELIMINARY APPLICATION 1. Application f ^mpleted 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10 ) pre-addressed to ea^h of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _;_ _ _ _ _ _ _ _ _ ___ _ _ _ _Date- - - - - - - - - - - - MINIMUM MATERIAL NECESSARY POR COMPLETE PINAL PLAT APPLICATION 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. i.evelopers Agreement and acceptable form of security. Cer\ ■’ ication by Zoning Department that Final Plat Application is complete. Zoni .g Officials Signature _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ ___ Date - - - - - - - -- ‘aV 3O PEES Sketch Plan Review (Class I, II & III) Preliminary Review ^(Class I & II Subdivisions) $150.00 $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus ?C.00/lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00* Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. 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Trunk Highway 36 St Paul, MN 55113 612-6364600 Engineers A Architects Oita O. Bowtttrvo, P E. H0btft W. St^aeme. P t Juupk C. Amt0rfM, P t. Bfed/ved A Lrmbrrg, P.E. PKhere £, Tunm. P.E. Jmmta C. Otum, P.E September 17, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-1201 Hilbelink-Vogt Preliminary Plat OtM K Coot, p e. knth A Gotiium P JktMmn E Wu/f*. P 1. W. footer. PE. kobert L Sthunmhi P E. 1. Sonmia. P.t DonekIC. Burgefdi. P.E. Jerry A Bottnhn, P E. Mark A. Menum, P E. Ted K Freki. P E. Mu keel T keetmeen, P E. Huberi P PJrJJrrk. P L Uurtd O LuUuta. P E. Ikomaa W. Peterum. P E. MukeelC Lyrek, P.E kuren L Wdte. P E Jurrtti P MrUeed, P E kenmerk P Aederum, P E. kfttk A. Beikmmrrr. P E. Murk P Poifit P t Pubert C. Puxiek, A I.A Tkomea t. Amgm, P.t. Siutt L Young. P E. Ckurtei A trukutn Leo M PuwtiUy Huilee M. Oiutn M Ebertin Dear Jeanne, We have reviewed the Hilbelink-Vogt Preliminary Plat. The plan as submitted is acceptable with provisions tor controlling the site runoff. The property owner should provide a 20 foot wide drainage easement over the entire drainage ditch within the plat. The owner should provide a 15'* diameter culvert beneath the access in the ditchline of Old Crystal Bay Road. A 15” culvert should also be provided in the low area beneath the proposed roadway so that surface water can he direc ted to the drainage ditch. We did t t complete a hydraulic analysis for the watershed to determine cul vert size. We simply observed the existing culverts in the area. Roadways should be completed in developing this plat; proposed roadways should be constructed through the Peterman Second Addition and the Woodhaven Addition to complete the road network in the area. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Michael C. Lynch MCL:li 66l9e To; Fron Da'l:e: Subi'iCt: f /- Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator September 16, 1987 #643 Mrs. Camille Curtiss, 1920 Eagerness Point Road - Reconsideration of Variance Application Approved 9/14/81 Zoning District - LR-IC Area of Lot - 29,750 s.f. (Building envelope totally located within lakeshore protected area) Lot Width - 300’ List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Staff Memo to Council Dated 9/9/81 Plat Map Survey for Application #643 Elevation (Front) Planning Commission Minutes of 8/17/81 Council Minutes of 9/14/81 Curtiss Letter Dated 8/19/81 Council Notice Dated 9/15/81 Staff Letter Dated 10/24/84 Inspection Notice of 9/11/86 Staff Letter Dated 9/11/87 Review of Application #643 - Application #643 was reviewed by the City approximately 6 years ago. The variances sought by the applicant involved hardcover within the lal^eshore protected area, la)ceshore setbac)c and street setbaclc variance for an attached garage. The proposed garage is now located 20 feet from the street right-of-way (please note the travelled road is located 37 feet from the front line of approved 3 car garage). Staff will not repeat the findings and conditions of that approval as they are recorded in the Planning Commission Minutes of 8/17/81 and reapproved by the Council at their 9/14/81 meeting (Exhibits E & P). These conditions were repeated again in a notice to the applicant on 9/15/8# (Exhibit H) and in a staff letter dated 10/24/84 (Exhibit I). Staff can confirm that the garage has been removed and the gravel area removed and ground cover restored. The driveway has been installed without the required turnaround (remember if doors face out onto street, a turnaround has to be installed if a 30 feet setbaclc is not maintained). In granting the setback variance rather than having garage redesigned to face away from street using up a limited yard area, the City required the turnaround with the full knowledge that part of that turnaround would be out in the street right-of-way. Staff had persistently requested that garage be setback 10 more feet from road so that a very limited right-of- way of 40' of Eagerness Point Road not be encroached. The driveways and turnarounds on this roadway all encroach the public right-of-way. Zoning File #643 September 16, 1987 Page 2 of 3 The applicant had made it clear throughout the review that he knew fully well where his property line ended and the unused right-of-way began (review Exhibits A & E), Review of Recomendation of Application #643 - Sometime in 1986, staff once again found the applicant in the process of filling in his lakeshore yard and at that point observed the 6 feet privacy fence and advised applicant to contact J. Mabusth. At this point, staff would like to explain the reason for staff's reluctance to deal directly with Mr, Curtiss on this matter but the personal or rather private concern of the Curtiss family at this time require that we deal with Mrs. Curtiss. She has agreed to come before the City with her request that the fence remain. Staff has asked for her input in the preparation of this review but she has failed to respond to my recent request (Exhibit K). If she does not appear, staff will ask that you review staff's attempt to recount her position on the need for the fence and make your recommendation to Council. Based on discussions with Mrs. Curtiss her position can be summarized as follows: 1. If sections of the fence are located within the protected area, they will remove them. From a recent inspection by staff, it would appear the last 3 sections of fence at the northern edge may be located within 75 feet of the lakeshore. 2. The fence is needed to provide privacy, noise protection, protection from neighbors' dogs and her young child from any mishap on the roadway. Staff has been asked to confirm a neighbor's complaint that the Curtiss' rent boat slips at an old dock at the northern edge of their lakeshore. There is no foundation to this claim and neither is the claim that cars are parked at the northern edge of the property by the users of this dock. Mrs. Curtiss has advised that tl~ _r car is parked at that edge which is another reason for the privacy fence. This has also been confirmed by staff. 3. Mrs. Curtiss claims that throughout the review of Application 643, the limited yard area was discussed and that Council approved the setback variance so that the yard area could be raaintained rather than used in driveway and turnaround if doors were to face to the side. Staff can not recall discussion of a privacy fence. The only fence at a legal height on the property is the split rail fence in frc >t of the house but even that fence may be located in the right-of-way. The ‘°nce has been placed on the property adjacent to the d'^*eway so that a turnaround could not be installed. The fence creates a hci2.ard for not only the applicants but the public who drive the roadway. Zoning File #643 September 16, 1987 Page 3 of 3 The property may present acceptable hardships to permit a privacy fence in a street yard - limited width, only yard area is adjacent to roadway. The City approved a recent fence height variance for the Blooms on Rest Point last year allowing a 6 feet fence for a distance of 40 to 50 feet adjacent to the road (set 0 to 5 feet off road right-of-way). The hardship was the location of the house (windows) in relation to road. Staff Recommendation - The present fence is located within the right-of-way of Fagerness Point Road and certain portions may be located within the lalceshore protected area and must be removed. If Planning Commission finds that the following hardships are pertinent as far as privacy fence needs relate: 1. Narrow lot width; 2. House located within the widest or deepest area of lot; 3. Only grassed yard area is adjacent to roadway. The following must be required if approved: 1. As with all privacy fences in street yards, special care must be given to the placement of that fence so that it does not become a hazard. Privacy fences in street yards when allowed and always inspected by the City staff to assure they will create no hazards. The fence cannot block the view of cars pulling in and out of the driveway. A fence could be placed at an angle off the garage corner for a distance of 40 to 50 feet at least 10 feet in from the street right-of-way and create no sighting problem. Applicants should further be advised that if it is their desire to protect children from roadway or dogs from entering their yard, a 3h foot fence can be placed within their street yard (no required setback from street right-of-way) a long as that fence is not within the lakeshore protected area (0-75 feet from lakeshore). TO:Walter R. Benson FROM:Jeanne A. Mabusth DATE:September 9, 1981 SUBJECT: #643 Bruce Curtiss, 1920 Eagerness Point Road Variance Zoning District - LR-IC Area - 21,780+ sf Application - Variances for new garage + new driveway and removal of existing garage and paved area a) Hardcover Variance 0-75' allowed = 0 sf existing = 3,955 sf* proposed = 2,214 sf — 3^ 5 SI3. or variance reduction in^^rdcover = l,741*“sf required « 75' existing = 5' proposed = 25* variance = 75* c) Front (street) setback required => 30' existing = 19' proposed = 20' variance =10' or 33.3% Planning Commission Action -to approve the hardcover + setback variance but to deny street setback variance - turnaround had to be provided on property. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Property Owner's List Survey Plat Map Hardcover Plans Building Elevations Curtiss' Letter urucG uuruxsu Page 2•* & Curtiss proposes the construction of a 3 car garage and new access drive and the removal of the existing garage and the extensive paved area. The proposal will result in a reduction of some 1,741 sf of hardcover. The new construction will be located further from the lakeshore. A 30* street setback is required for the garage from the edge of the street right of way to satisfy the setback standards of the LR-lC zoning district and to provide adequate turnaround for all garages where doors open out onto street. Applicant notes that the actual travelled road will be 37* from the proposed garage. Eagerness Point Road has a 40* right of way, staff would not recommend any encroachment of that right of way. Turnaround must be provided on property. The proposed garage must be setback 10 additional feet off the road right of way. Applicant may be advised to face garage doors away from street and remain 20* off right of way. Council would have to approve a street setbcick variance of lo* or 33 1/3 % for new garage. Please review Exhibit G, Curtiss asks for special consideration of Council to allow existing garage to remain until new one is completed. Please review Planning Commission minutes of August 17, 1981, for background and recommendation. Staff recommends an addition to Planning Commission's conditions of approval: 3 “ Surveyor must certify street setback of new garage prior to construction. lake SECI8.T1I7.R23 J"' f rn| V, ? r_ » Vi ■:©s % /■ ’Itl % '.f y •* ’•> iVM&B sr Pitt of Sbrrty for Ortld L* St«c^berg In Lot 27, ftgtm^st irn^rln Coonty, Klnnoaot Setlti Dttt t oJlM t !■ • 6C* 10-13-70 iodleltl 1« ♦ r V. ‘ • ’ >■•. * • %• i f V- * , <v-, %• s»t;-; V • V . : *. "yr ■ ' ' - ^ Ctrtlficatt of haraby ctrtif mprattntttloii c thtt of Lot of • lln^. de»crlb»! • on tha Soutli9o« tori which Mid point io ttnca of 17*> foat tort Seuthvnot corner of Mid Lot 27| tMnc 69-00 foot to o point narked by o Indlclal timur viliot etaoi^ of Ltbo Mnhotonke^ for tbo aolo purpooo of chewing tht ' ^dpottd povititsit of. propoaed buildiof a thoraon. It doto not purport t-^ i plncad fot tha pvtToffO ■■-me. • ■. / •* •• • &■, v-f >i!' -^: ■■ -,vV . j {V i-v.'iE^ »l«l •r.5 ;i;:i \ > ^ y r«rsi«n •liraMtli [•^•1 r«ur«i Wiilil r»TsTil ■•IsKira [•H« •j«ira •IMU r«llTi I*!#!#][•liT^MIVV# r»wsz« LtrsttfsK lgj <#ti^Kfgfay#i ror«iMM[•iiiiiMPsl«l»]riHlX* iT«l;W Mmiii#] Mill r#T5i«i MiPW ClSFfil M04f>] IV.',,,i,. .. * -- - -- -. I i:\^Ai; h\i m z 01981 ;•0L i-: ‘^iTV (:|- OimO••I1920 Fagerness Point Road Wayzata, Minnesota S5391 August 19, 1981 Ms. Jeanne Mabusth Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: This is to request permission to leave our existing 2-car garage inplace until construction has been completed on our proposed garage addition to our home. In lack of having a basement in our home, th? existing garage provides a sheltered storage area that has become invaluable to us. The overlapping schedule in the proposed construction of the new addition, and the removal of the existing struc ture, would relieve a hardship allowing us protection of our stored property. The existing garage would be removed upon completion of the new structure. The age and condition of the existing garage, combined with the close proximity to the new addition, further warrant the existing garage removal. In addition to the obvious goal of aesthetics, our goal in the addition proposal is to make better use of our lot. The removal of the existing garage, and sodding of the area outside of the proposed construction, will provide us with much needed additional yard. In conclusion, we request that the City of Orono allow the existing structure to remain inplace until after completion of the proposed addition, and that the city be assured of its removal/destruction at that time. Sincerely, Bruce C. Curtiss N -;ii; ; 1• •!M. xt'm M -K(I’liM ()ff^•r HiiK (ii;»(*ry.sli»! Hn>. Minnr‘»t.i Munn ijml Offi.-m^ 'IVIrphonc 47;1-7;<.')7TOj Bruce & Camille Curtiss1920 Fagorness Point Road Wayzata, I'-IN 55391 Meeting Date 9-14-81Notice Date 9-15-81 X VarianceConditional Use Pennit_ _ Subdivision, PreliminarySubdivision, FinalCopies to: COUNCIL ACTION Vote: ^ For _ _ Against - - Abstention MOTION approve the hardcover, lakeshore setback and 10* street setback_ variances for your proposed 34* x 36* attached aaraae based on the—fnl1nwing— findings: 1) reduction of approximately 1700 sf of hardcover; 2) proposed improvements located further from lakeshore; 3) the garage located with doors. facing out to street will allow the complete removal of existing gravel area; 4) Fagerness Point Road is a dead end road receiving limited use. Approval is subject to the following conditions: 1) turnaround provided or—^hp property- - 2) application to work with staff in regard to complete removal of gravel area and the restoration of that area by seeding or sodding; 3) In addition.—Cotincil has asked staff to work with you concerning -=> nnnvpnipnh rpmn.va1 date oF the. t************A**Vt**VHt*********************Vc*****vV*-.V^-A**^*********************** I DEADLINE D^.TE September 14, 1982 for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit application for work to begin for work to be completed X WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. . PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. . FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of sue recording returned to the City by deadline date._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CertTf ic'd co‘pr^s~o"f~of flciar'ClT^Ccmncil Minutes may be obtained by contactine the City Clerk. Allow at least three weeks from meeting dace V. '■ CITVt;?.'-' ORONO' CITY of ORONO Post Office E3ox 66•Crystal Bay, Minnesota 55323 •Municipal Offices On the North Shore of Lake Minnetonka October 24, 1984 Mr. Bruce Curtiss 1920 Fagerness Point Road Wayzata, MN 55391 .;e: Fill placed within 75* of lakeshore and within 26* of wetland. Dear Mr. Curtiss: An inspection on Wednesday, October 17th, 1984 revealed that fill has been placed within 75 feet of the lakeshore and within 26' of a designated wetland. This fill is in violation of Orono Municipal Code Section 10.55, Subdivision 8, which reads: Subdivision 8. Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 73 feet of Lhe ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. I am writing this letter to inform you that the fill must be completely removed within seven (7) days or citations will be issued to you and to the excavator and the matter will be turned over to the City Attorney. Bi ii .dim :*4737J57 ASSI NSIN«; AOMIMSIKAIIOV A I ISANtI 4 M 7)58 ri MLIf 5'C)KKS 47J 7J5*» 4 I Mr. Bruce Curtiss October 24, 1984 Page 2 In reviewing your file I note that the existing detached garage was to be removed when construction of the attached garage was completed. The detached garage must be removed as soon as possible. Please contact me if you have questions on either matter. Sincerely, Michael P. Gaffron, Assistant Zoning Administrator MPG/tln cc: Jeanne A. Mabusth, Zoning Administrator Thomas Jacobs, Building Official Don Messenger Excavating, Inc. Enc. (9/15/81 notice) CITY OF SPRING PARK INSPECTION NOTJC^ permit NO. CALLEOIN date time SCHEDULED address OWNER completed • _^c-. o POCTING □ PHAMING ^ □ insulation C 2 WALLBD O PINAl ^ □ PROGRESS ^ □ DEMOL Q □ PIREPREV. □ plumbing RI Q mechanical 2 ^'te inspection a water hookup 2 ^’<cav ./grading /fili iwr. n ON 5 }'^*^^5^0RE/WETLAN0S2 SEWER HOOKUP ° LICENSING □ SEPTIC INSTALL. S COMPLAINT □ SEPTIC MAINT S POLLOW-UP □ WELL TEST PUMP q SEPTIC FINAL ^__ —Qi£40f^£___^r-iTtrV7 V% <■ **r^^ j y * ' □ .ccess"' «ll tor ih. next in.pection 24 hoor. in Owner/Contr. or> site Inspector Whil# Copy/lnipector I F.i^ GoiJ Cupy/Sit* None* 473-7357 k CITY of ORONO Po«l CMTiot Box G6*Cry*Ul Bay. MinncooU 55323 •Monidpal OffioM 1 VORONO :^‘s j > •M On the North Shore of Lake Minnetonka September 11# 1987 Camille Curtiss 1920 Fagerness Point Rd» Wayzata# MN 55391 Dear Mrs. Curtiss: Please contact me at your ear list convenience so that we may discuss your application before the Planning Commission at their September 21# 1987 meeting. Application #643 has been sct;eduled for reconsideration per the attached agenda.1 Sincerley J^nne A. Mabusth cct Mark Bernhardson, City Administrator BI'ILD!NC* ZONING - 47 3 7 J57 • ASSKSMNG admims7:'.a: f - 473 73ss PUBLIC WORKS - 47) 7359 To: Fr<»i: Date: Subject: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator September 15, 1987 #1171 Landmark Construction, 3820/3830 Bayside Road Preliminary Class III Subdivision - Second Review Zoning Districts - RR-IA - 5 acre minimum area LR-IA - 2 acre minimum area (Refer to Exhibit H for zoning boundary designation) Total Area ~ 20.9 acres (exclusive of road outlets and County road) 13.0 acres dry 7.9 acres wet Review of Application - This subdivision proposes the creation of one new building site (Lot 1) within the RR-IA zone (5 acr*3 minimum) of the property. Lots 2 and 3 located within the LR-IA zone (2 acre minimum) are developed properties although the developer has advised that existing residential structures will be removed and new homes executed. Complete septic testing was required for Lots 2 and 3 and Lot 1, because of the area and soils makeup, will not require septic testing. At the public hearing on July 20th, Planning Commission asked for more detailed site plan information. In addition, staff asked for the following: 1. Clearly define wetland boundaries. 2. Define building envelopes: Lot 1 - front/rear 100* - sides 50* Lots 2 & 3 - front/rear 50* - sides 30* Wetlands setback 26* for all improvements 3. Resolve of access to site - must serve all 4 lots. 4. 20 feet wide driveway easement through Lot 2 serving Miner homestead to be designated as an outlot. 5. Designate dry contiguous areas of each lot. 6. Designate riparian tract as an outlot. Staff was to contact the City Attorney to resolve legality of the use of platted public right- of-way as part of a private road outlot (review Exhibit C). The County Highway Department was to review location of new curb cut for private road (review Exhibit A). lOC«l¥T2 riTTr MX5 September 15, 1987 Page 3 of 5Configuration -the r^-ored' lot ’^wrat'^h a^^he" rear%T "°t meet?rt rttovT.\- -“-VA-y•^Ti L«JfT«[•KiR I ^ ■ • fja I ^¥ili t»BaT¥^ r=T»rsi^ •l»Hi [•Hilil MHigSMiHI V L#KiT3 ^I3# L«Jn1« Will 5^ [•Bms] Wlli {•^U •Hi^ 3marklr-iaid to^ts a•therhere^earsfidth Zoning Pile #1171 September 15, 1987 Page 5 of 5forpiatf Comnrssion granting approval of preliminaryOR -&^pre trial 3 in m [•KTi wiDMinnirs^ ^:liallTt1 •]lVa1 WTiK WKl •lliTi^ ■■ (: J. Mabusth Page 2 August 10, 1987 \ cL?rrJght''orway!'"“’''® ‘"stubbed duMng construction within Please direct any response or questions to Les Welgelt. Sincerely, /./ . '■/ "7^ / < • David W. Schmidt, p e Transportation Planning DWS/LDW:1w mm:u: I9»i] ^^WWS\ looni [•roi BEIK fitr^[•itvni lOAra JULY 20, 1987to the usage or single ownership ■led by this fact. onded by Bellows, to e information and a Ayes 5, Nays 0. ISTIfF iliir :tificate of Mailing \^TW^ fron explained the into two building access from Bayside 3 to the rear of the lot needs a width lie road. :reet. The assumed looking the creek, ance. garding the septic mound systems will •ncerned that th ttively little area e southerly portion will no longer be • isition by either nfield. Therefore, n may well seal the nation of need to the study area east out the drainage on on must be made to that traverse the ed he was concerned the creek which is Dn stated he would assistant Zoning comfortable that ully sustain mound sfined locations. c MEMORANDUM Pi\G I 01987 TO; FROM; RE; DATE; Jeanne Mabusth, Bulding & Zoning Administrator KABlatz, City Attorney Question of Orono City Staff as to Proposed Combination of Public and Private Road. August 6, 1987 In a letter dated July 29, 1997, you asked if 33 feet of undeveloped, dedicated public alley from an established plat could be combined with 17 feet of proposed private road in a proposed plat. You stated that vacating the 33 foot alley would not "provide any advantage to this developer," because once property is vacated the abutting property owners obtained the land up to the center point of the land which was vacated. I will answer your questions in the ordv you proposed in your July 29 letter. 1) Can the 33 feet of the public right-of-way be used as part of a~orivate road7 A municipality holds the qualified or terminable iee title to property dedicated to highway purposes in trust for the people, and it can neither sell nor devote it to a p'.ivate use. State v. Marcks 36 N.W.2d 549 (1.949). After an alley has been dedicated and accepted a municipality becomes a trustee and may not divest such public r;i.ghts without public consent or operation of law. Neill v. Hake, 93 N.W.2d 821 (1958). Your first question infers that there is a possibility that the 33 feet of public road can be combined with the 17 feet of private road. Based upon case law, it appears that the combination of the two would create an awkward situation at best, for both the City and the developer. 2) Can the developer exclude the use of road by land owners to the East? The operation of a plat and the donations to the public within the plat can not extend beyond the use as dedicated. Patterson v. City of Duluth, 21 Minn. 493 (1675). The City is holding the land in trust for the purposes for which it was donated. It does not appear that the developer would have any right to exclude the public from using the 33 feet of property which was dedicated for alley. Again, referring to the way you phrase your question, a combination of the two does not appear to be possible since the 33 feet was dedicated for alley purposes and the additional 17 feet would be used for road purposes. The Minnesota Supreme Court in the case of Flynn v City of Worthington, 224 N.W. 254 (1929) makes a distinction between alleys and streets; Alleys differ from streets. They are not intended to convenience the public in the way that streets do. They are more of a local convenience to the parts of the block which they abut. . . . They are not thought of as a street connecting with other streets and supplying the municipality with a system of connecting highways. An alley is not intended for such purpose. While the public travels it, its use is local to abutting property. A street is intended for general public use and the general public have in it an interest different from that which they have in an alley. Flynn at 254, 255. 3) Is the City obligated to maintain the road as a public road because of the use of the 33 feet o£ public right-oi-way? Once property is dedicated to the public and accepted by the public through the municipality, the City may choose its own time to occupy and open the right-of-way. State V. Marcks 36 N.W.2d 594 (1949). Once the City has established a right-of-way, it must maintain it as it would any other dedicated public right-of-way within the City. You have informed this office that the plat containing the dedicated alley, "Ottoville on Lake Minnetonka" was filed in the early 1900s. You stated that the City had not maintained the 33 feet of alley. Also, you mentioned that a private garage may be encroaching a portion of the dedicated alley. Unless the City takes affirmative actions *.o assert abandonment of a dedicated right-of-way, non-use anc' obstructions over the right-of-way are insufficient to establish abandonment and public rights cannot be divested without public consent or operation of law, Neill v. Hake, 93 N.W.2d 821 (1958). Although it may not be to the developers benefit, in order for the 33 feet of dedicated right-of-way to become private property, the City must vacate the alley per its procedures as outlined in Crono Municipal Code Section 10.12 c.nd Minnesota Statutes Section 412.851. Upon vacation, the abuttr.ng property owners would obtain the vacated alley up to the center line of that former alley. Should the developer to the west own the property abutting the same alley, the developer would obtain an additional 16-1/2 feet to add to his proposed 17 feet of private road. If not, the developer has the right to approach the property owners and offer to purchase the vacated alley for a negotiated price. 3379j L'i* >6^ / ^ . •K • • , t y *•'. * ' ;. i- •• .• . * •i } .• • •. • •• y ••» . % .• • • .*. • % " •• , • •:■ : ; :. i •( •i ■)i>Z' S133HS 2 dO 2 J.33HS » I 0e*39 // Too i 3„Z0,IC*t>N ^1 oz'os Aj;'/^ 1^ «> ■A- :o > "......99* H:: nr ;/ ' I8>6 y 68Ct» 3) O >. 9 4 OZ0CI 3,.0l.9Eol0N ____ WSIO 9N3VyOJ. M C3Nikvy2iXst ez v ‘in-J.'// oss 'Z J.01 SjAOO jo 3NH Minos /j___ _____^06*592 I 3.0t .92. ION I (0| 1----- J---------•// uss airs Jo 3Nn jzmZM I j/f2 tUlM MO/lOSSjaiM/9UUM0JJ { '/ro3s 'zioi ijoojo 3Mn Minos 3H1 ONOnr 1SJ3 WltriMIOdt c ^ o . ..rOUNTY RCAD NO. If)ZT •n Mif*r t;»^ah'»n of ioke Minotfottia oo *» Jmo a. nn •*» fn v m. torf Imt of OuHof A i$ iAtfoto* We,-. 6t'n^ tho *tnt HAVD-mitonLtrlm %i I- €O§€m0n^S Mrf 5-J 1 iJ 11 -------1 1 1_____ f/9 OnJ aJioirsir^ \i te*n^ to 00 ^ mo tJocA itftas un!o%s of der ated. Os shom^n on tftt ptt .1* •a •> 3* '•' u_____ *f09*tnrw V Jy V • .V •••• V N R.COFFIN CO., INC. RS a LAND SURVEYORS <E. MINNESOTA 5 cjo N 0 1 O I 2^ n. UJ U ji s*^ ARDIilA^Ccon^u^ruccion inc RO. BOX 248 LONG LAKt MN. 55356- (612)473-0603 TO; Jeanne Mabusth, Cit^ Planning Administrator FROM: Paul D. Swanson DATE: September 16, 1987 RE: Public Hearing #1171 Class III Subdivision 3820 & 3830 Bayside Road Dear Ms. Mabusth: This letter is intended to inform you of my intentions regarding the lakeshore parcel in my oroposed subdivision. (See plat - Outlet A) Please be advised that I intend to propose that Outlet A be shared equally by the 3 proposed lots. I feel this arrangement will more effectively protect the use of this unique lakeshore parcel. I am aware that documents must be prepared to ensure the proper maintenance of the Outlet A. Please inform me immediately of any City ordinance that would legally prevent the Planninq Commission or Council from agreeing with this proposal. Thank you. Sincerely, Paul D. Swanson President 0 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 TO: Todd Waters 3061 Casco Point Road ZONING PILE NO. 1177 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice; 8/18/87 COPIES TO:John Dennis 3055 Casco Point Road To:Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson From:Mary Jo Knott, Septic & Zoning Aide Date:September 15, 1987 Subject: #1193 Thomas P. Huber, 2615 Shadywood Road - Variance - Public Hearing Zoning District - LR-IB Single Family Lakeshore Residential (1 acre) Application - Front yard setback variance to install a pool in front of the front line of the house. Pertinent Pacts - Hardcover Inventory 500-1,000' Total Area =» 43,544.6 s.f. Existing = 8,452.9 s.f. House - Front Driveway - Rear Driveway - Side Access - Sidewalk & Stairs Landscaping - (19%) 2,040.3 s.f. 1.465.0 s.f. 1.312.0 s.f. 2.856.0 s.f. 224.8 s.f. 554.8 s.f. Proposed = 11,416.1 s.f. (26.2%) Existing - 8,452.9 s.f. Screen Porch - 306.0 s.f. Concrete Deck & Walkways 1,542.2 s.f. Trellis - Pump Storage House - Redwood Deck - Cabana - 468.0 s.f. 136.0 s.f. 336.0 s.f. 175.0 s.f. Allowed = 15,240.6 s.f. (35%) Variance = None: Pertinent Ordinance - Secti;a. Buildings 10.02, Subdivision 9 (D) - Accessory dardships - The rear yard tov»a"r^*. tJie south occasionally retains water as close as 60* from the house. Tlte interior layout of the house would suggest that the address side of the house is designed to be the back yard. Zoning File #1193 September 15, 1987 Page 2 of 3 List of Exhibits - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey Proposed Plans Hardcover Diagram Discussion - The applicant is requesting a front yard setback variance in order to install a pool in front of the existing house. The lot is approximately 1 acre in size. There are two accesses on this lot. The access from Shadywood Road runs along the lot line to the west. This private gravel road extends about ten feet into the property and continues along the entire west side of the property. This road leads to the garage about half way down and on the left. The other access uses a portion of the road located to the south. Just the gravel turn-around driveway is located on the lot to the south. The road to the south is owned by the City of Orono. It serves as an extension from Pheasant Road. A suggestion could be made to limit this lot to one access. The lot has City sewer hooked up from th 2 southeast and City water connected from the north. The pool plans meet the front and side setbacks (see Exhibit E). Part of the pool plans include a screened porch and a pump-storage house. If these structures are considered accessory structures, then they variances and need to be reviewed. The >ool fence, as proposed, will not exceed 6' in height. Hardcover does not exceed 27% in a zone that allows 35%. The interior and exterior layout 3f the house suggests that the address side of the house could be pr rceived as the back yard. The perimeter of the lot toward Shadywood Road contains vegetation of trees and shrubs and creates natural screening. All trees that will need to be removed to accommodate the pool plans wi.... be transplanted on the lot. The elevation difference of 20' exists fron S .adywood Road to the rest of the lot. This makes the pool and the fence rr<' visible from Shadywood Road. The proposed pool plans could be t:.'.aced on the south side of the property without a variance. This would near the area that occasionally floods during the spring and during some jrms. Recoonaendation - Staff recommends approval of the ont yard setback variance to install a pool in front of the front li o of the house located at 2615 Shadywood Road, based on the following ha. .'.iliips and findings: 1. The rear yard towards the souf.. close as 60' from the house. casionaxly retains water as Zoning File #1193 September 15, 1987 Page 3 of 3 2. The interior layout of the house would suggest that the address side of the house is designed to be the back yard. 3. A natural screening surrounds the front yard and proposed pool area. 4. Shadywood Road has a 20* lower elevation than the proposed pool location. 5. Hardcover will not exceed 27% including the pool plans in a 35% allowable zone. 6. As of this writing, no negative comments have been received about the subject property. i 1 1 ‘iV- ou cl: uuc u /,y /'^/V 7 Koe (*^0' Receipt Initials CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address :v,r ) ..“i ■ *1 . > t ) r Property Identification Number (P.I.D.) A-C / Please checlc on* - Is the property abstract or torrens? Attach legal desc* tion to application if not included on required survey. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — “ APPLICANT Phone (home) i~ ^ ~ . » • Name A 1 »•. 4-Phone (work) Address: c;^ t ♦City;Zip:■cm or i>km OWNER (if different than applicant) Name Phone (home) i-Tf. A*'rc I'lZCtrc • iorruLU ui > luu Phone (work) Address:City: > * *• f» .'I I; 01 c.9i •• -i iHO. a Date Property Acquired 0^<.~ ^ I fdo) itm TL ____zioi RcCEIPT-1 ^rJK YQO rrOl iZ’SU Cl- -i nOl TlJi (month/year) r,g/i^ (do) (do not) also own the adjacent parcels of land PRESENT USE OP PROPERTY Present Zoning District Present Use of Property ^ ^iQvvv'iL Other Residential pecify) DESCRIPTION OF REQUEST Estimated Construction Cost $ r. f ) Describe request in detail; \\ ^- \ V \ * « VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Roar) ‘ Vw* V \ \Other 't I HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; _ _ _ ■, •> // - j y" ^ r^y ' >/' •'r'" “ / • f* t •' ■' DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions^ preventing compliance v;itl^Zoning ■ V lAi ‘ it' ./ , _ _‘.tCode Requirements l/..■i * i ‘ I • • \ ' REQU; ??BD SUBMITTALS 1, Completed Application Form ^2. Certified Property Owners List of owners within ISO' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). ^3^ Stamped, legiil sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Z,;ning Department that Variance Application is complete. Zoning Official’s Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all and/or unusual expenses incurred in review of this application, and certifies that the information suppljl^d is truep^and correct to the best of his/her Icnowledge. Applicant's Signature Date ^ Y7 OWNERS SIGNATUUI5 ^ The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commirsion members, and Counci1 members for purposes of investiga tion and verificatiorj of this ivv.Owner's Signature Date /vihl Applicant must have all submittals(^nto the City offices 25 days before the PlaT'ning 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, and, i an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building & Zoning office of this change prior to the meeting. >H o a 3 U m TJm > \ -<gs o;a 7a ^ oS" r w > U1 N o a a n c/)n $ o r» 1/1 U1 M «o C3m M O mXi 70 a X X m m > ► -n *Ti sr M CDm ►grs, X o a o <o m M X ^ n o m tji ui X ►H rn n — o a o u4 > > i\> o> < < M O a VD rv» I §• c. i.<m invnw-t\A a X •-» m m ^ r- I— I r- f- n> M -< 04 ClQZ < W4 m•• oo C o M *—-n m 5 70§ O o o > o ? fMinN0» Xm > Clm X »- 04in />o \ • i ___J on o n Qi Cb (-► — fD 0) • • t « 0 • •—i ^ 00 = I O U) D II I B lAOO Cb O 'vJ - 7Ta> Cb crco : ^a TO d ro 2 f“*-»• CD »•« 13 c ro Cb O o O — n O Cb ro n •-M o in n rt »««*in *—»n z 1/1 r-»IT13rtQ.J o r-t Xc rt o roOClror»cn r-t Cb rr «»O "3rt13•-^rt)o 13 Cb ac ro rbO'i: <o C O O —ro o.TJ CTO CO •**<rt ac 13 to O in ro 1---------\X: on Vn ro ro 13 rt in o ro Cb k —*r\i/i ro rt o in ro n r-t in o•r-t O *—•vj rt rt IT “3 n ro ro3ITCl13“♦)ro ro rt ^ 13 “3 s: •o o < (J> 3 (X> Z3 O) o>o D ITn> o o •— n r4 Cb €-♦ Q. — O O Cb ro in D O rD 13 O Ca- r? o c IT -5 3 TTo> o 13 -3 CO CO ^ tniT^Cr fD^*^C/> — *D roCbQ#*- 0r-***<00* OQ.I3r^-^* 3 c cn o o. —'cQ‘ cn o a o r^IT ^r3tnr>3r* IT O IT rD r-t ro* IT IT •^'Di3rt>nfDrr*^-<%cbOCb Cl 3 CO o — 0)^0o 5 C — o f-» l/>JT 0-0 IT — Cb ir. jr H) rp — — . . Or-cnrD I3I>C1 0< </i O O 0> O 0> r* (X> r- O 0) O O 3 r- ^t^Cn-t,r-^S00 — 0) ro o COV r-» o — rt ITro r-» D- r- CO IT Oro c *0 Cb r-> Cb rr •- C U> ro X V: ro Cb r-> oo •- «-♦ o O <rj u> IT O T3 “3 C in 3 O Cb •—CL r-t Cb rt n OJ^••>*>V: r3 IT 3*13 O O •—ro cil ror-t 3 —c “3 3 'O fJC}— D ft O O 3 ro *<o ro Cb -t»r-t ro 3 CL »♦r-t Cb IT « t r-t rr?cr rj ro O U)O Cb Q>ft Cb (0 -ti rt l/n IT 3 1 1 Cb rt ro r-t -T roro Cb CT O C» Cx iZ 0 r-\ r\ o-nn 1 I n iBnrMl lit^n ni^ - To:Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Froa:Mary Jo Knott, Septic & Zoning Aide Date:September 11, 1987 Subject: #1196 Dennis McGreevy, 3405 Eastlake Street Variance - Public Hearing Zoning District - LR-IA Single Family Lakeshore Residential (2-acre) Application - Front setback and side setback variances to construct a three season porch on top of an existing deck located on a substandard lot. Pertinent Facts - Well Location From Septic: Existing = 30' Required = 75' Varinace = 45' (60%) Existing = 70' (from the neighbors at 3407 Eastlake Street) Variance = 5' (6.7%) '•ot Size: Existing Required Variance 5,100 s.f. (.18 acres) 43,560 s.f. (2 acres) 38,460 s.f. (88%) Lot Width: Existing Required Variance 50' 200' 150* (75i) Front Setback: Existing/Proposed - 15' Required = 50' Variance = 35' (7C'i) Side Setback to the West: Existing/Proposed = 13.5' Required = 30' Variance = 16.5' (£'i%) Side Setback to the East; Existing/Proposed ^ ?.] . 5' Required = 30' Variance = 18.5' '(O’.7%) Rear Setback: Existing Required Variance 47' 50' 3' (6%) Zoning File #1196 September Hr 1987 Page 2 of 3 Hardcover 250-500' Zone: Existing = lr492 s.f. (29.3%) Proposed = lr504 s.f. (29.5%) Allowed = lr530 s.f. (30%) Pertinent Ordinances - Section 10.22, Subdivision 2 - Hardcover Section 10.23, Subdivision 3 (B) - Lot Requirements Hardships - . , n e«The lot was subdivided and the house was built prior to 1959 before ordinances existed. - The subject property is located on a substandard lot. Any construction of additions to this property will need one or more variances. - This lot is being considererd in the Stubbs Bay Sewer Project but is currently using the septic system located on the property. - There is 568.4 s.f. of living space on the property. List of Exhibits - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H - Application - Plat Map - Property Owners List - Survey - Proposed Porch Plans - Hardcover Calculations - Well and Septic Location - Bayside Addition -'.o Lake Minnetonka Development Discussion - ^ • j The applicant has applied fcr a front setback variance and two side setback variances to construct a '.hree season porch over the existing deck. The 12'x20' deck was constructed in 1986. Staff noted at that time that the dock was considered a non-encroachment structure. The proposed porch would be placed directly over thv existing deck. This would leave a front setback of 15' as opposed to the required 50' leaving a variance of 70%. The side setback to the west would be 13.5' as opposed to the required 30 leaving a variance of 55%. The side setback to the east would be 11.5 as opposed to the required 30' leaviL/ig a variance of 61.7%. The lot is part of the B*i^side Addition to Lake Minnetonka (see Exhibit H). This subdivision taok place before ordinances existed. The house was built prior to 1959, alo before current ordinances existed. The percentage of hardcover is not r.:\ issue (see Exhibit F). Very little is known about the septic system. Tnc; septic tank is located about 15' south from the house and the presumed f r^infield pit is 20' south from the house. Both of these are probably at tVr*. v’ater table. The stream located on the south portion of the lot app.3r- s to be free of algae. This is an indication that the septic systcrrr in the area appear to be functioning properly. The well is on the wr.cv side of the house (see Exhibit G). It is only 30' from the septic tank: oi 1 *0' from the neighbors' septic tank to the west. Zoning File #1196 September 11, 1987 Page 3 of 3 On February 27, 1986, a letter from staff was sent to the applicant that dealt with a proposed second story deck to the existing house. Staff stated because the second story addition would effectively increase the number of rooms useful as bedrooms from one existing to at least two, there would be no question that the addition would increase the potential number of occupants and the potential wasteload to the septic system. The letter also stated that a permit for the addition may not be issued until the septic system is certified as in compliance with the code. A three season porch increases the living space of the home. This lot is currently being considered for City sewer (Stubbs Bay Sewer Project). Reconmendation - Staff recommends tabling this application until City sewer is available and hooked up to this property. Staff feels that the zhree season porch would add additional living space, and potential stress to the septic system. it 1Tt /a ' I uute Kcca Fee Receipt_ Initials / S ^- - - CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) mm mm mm mmm ^ mm mm mm mm mm mm mm mm mm mm mm mm mm ^ mm ^ mm ^ mm mm ^ rnmm ^ •• ^ mm mm ^ mm mm mm mm mm mm mm mmm mm mm mm mm mm mm mm mm ^ • mm ^m mm ^ mm ^ ^ mm ^ ^ ^ mm PROPERTY LOCATION Site Address /E. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) H - c:^ 7 *3 PC) 5 Please check one - Is the property abstract or torrens? ^JV’’ '‘frjTV nr n'^uij Attach legal description to application if not included on reqim,^c.^i^wy* _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ __ ___ _—_ _ _—_ _ _—_ _ _-r —JL — Phone (home)_ _ _U ^ Name Phone (work) jcA/v)^ APPLICANT Address; flq vS~/ City; CnLo*^pJC . . . . . . . . — I \ 11 150.00 im YOU OWNER (if different thap^^applicant)Phone (home) Name C^SNi^X.^ /Vc ^ _ _ _ Phone (work)_ _ _ _ _ _ _ __ Address: ^ />4K.E_ _ _ Cityr^^^A’C* _ _ _Zip; S^S Date Property Acquired _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (month/year) I (do) ^dono^ also own the adjr.cent parcels of land. rrrr^.'iTVI I J. V • £. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property :.-R- 1A Residential Other (specify) r<r» m •• mm mm DESCRIPTION OP REQUEST EstijTirtod Construction Cost $ Jf" I^ c *■ Describi* request in detail; pQlZdfA ptAQX TXD^ ^OXLT O . _________________________________tyu'T^ 'r ^CK VARIANCES REQUIRED Lot Area Setback Variances ( Lot VJicn.! Front Hardcover Side Rear) Other BARDSHIP Describe undue hardship or practical difficulty resulting from, strict enforcement of zoning regvilations; oP- Mi. DESCRIPTION OP DNOSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Pk)(L^P^LE^_ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150’ (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance app-1cation is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge.hi Applicant's Signature / d JU't Date OWNERS SIGNATURE {J The owner hereby ac):owledge8 and agrees to this application and further authorizes reasonaole entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature C ^ , ''t C tc t. ^ Date //»^/^ f\i L—i- —- — ^ — — —— — — — —— — — — — —^ — — — — —— — - - - — - - - -—— — — — — — — — — — — Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commissicn 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, and, if an applicant is unable to attend a scheduled meeting, to please ma)ce arrange ments to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to tho meeting. hf.llb 235 13 • -5L I o o ao M -n m M a ^ ui l^gi 3 *0 m *a ni ► xj _^ fc 6 xj g o o 3 XIxs m ^ >oVI z s: ^ o SiSi Ell |S«’S S Q ^ O SO z Z X ^T1 I VI VI \J4 KI\ i:a ^ ••XI I-* Q Cl a o o ra rviIS oo <h 0 o o I o X3 635“O X3 U ^ O ft ES i"M r-S8 »? •< fi </iM VI Vf X3a > > rv o a VI f- o IM ► VIo ^ a M tn m § d I- 5V VI rv) m •- oo V4 VI §n Vf 2 Vf o ^ d o n* X3 CD H 8 E ills X3 O Q Vf d Vf H O 13 Z VI 1 n VI___g I VI VI Vf $ X3a VI r«|MW ami-* S°sd VI 3 m >(r m a a VI I in VI VI H m in VI m m Vf H Z z e:m ^ tn o -H O IT Vf ?S0i3 a m a ^ S ^ u a 3 a a m m Of H H o M Q Z VI dz m Q m > ^^SaSon m VI g VI X 5 m X i m H m m ►-* VI H VI mgznvf VI O ► X •-g_mvf t a m > VI o H o H > ni s a 6 m a om K m>Q $ o VI m i- 2 m > •» * VI n z ^ > VI VI > _ in fM Vf S i Vf o d m m 1: H > sgs®s«r- Vf 3 m r-r a ^ Bsa 2 a a 1Z f m m ♦- X m m ► xf X 5 ^ z m d >M 0 > 8 0 VI 1 2 0 0 Z m M o a in VIuin o Irv Vf O CJ I ?i3X 2 o a £2 a m > a ^gmzS oa aa gg? a ►- r* S z m S3” m o Vf a Vf d m ^ O m VI o c. VI I m 8 o 2 m*- a >> 04 H VI I NH~e: VI VI Vf•vf d m Vf VI H O m rj r* O o Vf X o M o Vf d n d r- o > > VI o VI_______VI IIS iSim 3 M VI I Hil a mis m a m •- a > *«4 VI VI vf Vf ao m Vf % m N aa a m a > a -< > m z a a > a 3 a a o u8 !{! m m v< d§55i^___o M M VI O m d VI VI X Cl d ► ^ m a a VI I in m m H m VI VI m m p Vf d mu oo Vf g u o a o u a ^ > m u d Q o < H ^ o a 2 > o n Z VI xj M m o “ a %f o VI I cS*”'W a •< VI I VI X z m H nVI m S u SHI fVJ U m u VI e H O n w if S 8 a a m m i§«o Vf o <0 o VI Imm ►- m m m 2 m M M 2--|« z-f VI VI ssc- Z z X •- t ma n Xma VI H u r/‘ d > 3 m •— > VI I H m Vf > m u oo as o o d a S o % d *4 d •< VI Hm am i ism • aM — ^ d Vf ga CERTIFICATE OF SURVEY FOR DENNIS MCGREEVY IN LOT 1, ULOCK 8, GAYS IDE ADDITION TO LAKE MINNETONKA HENNEi'IN COUNTY, MINNESOTA £a^flct.k(i. S\.Qm I hereby certify that this is a true arr! correct representation of a survey of the boundaries of the East 50 feet of the West 100 feet of Lot 1, Block 8, Bayside Addition to Lake Minnetonka, and the location of all existing build mgs thereon. It does not purport, to show other improvements or en croachments. Scale Date 0 1" = 20' y-4-87 Iron marker :OFF IN & GRONBERG, INC. _ _ _ _ _ _ Itrk S. Gronberg Lie. No. 12755 u?<;meers. Land Surveyors S Planners COM Like, Muinesota t. 70 / t k * h 1 ardcooer Lex,S\re,^ ' N /N r W \A -1 r- > 7^ Pitn H 3 § Si. 1^ r i z: I 5+ i Jt Addf7 ~'0 I_p .nd.f.x-l*'-^ ^yc.ul<ir o( lr^d.£.cx■\*^*:> CurrcO'V lo^ l.ne^ \r>d.'crx-tes Or't^x'^l \c>^S 5HCo E.ASTLA,\<sE STREET - Ttr-^ ntt 1 ■ 1 ■«• To; Prom Date: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Mary Jo Knott, Septic & Zoning Aide September 16, 1987 Subject; ni98 David William Rahn, 1134 Wildhurst Trail - Variances - Public Hearing Zoning District - LR-IB Single Family Lakeshore Residential (1 acre) Application - Front setback variance and a front yard setback variance to construct a 24'x36* detached garage 10* from the front property line which is in front of the front line of the house. Pertinent Facts - Hardcover 250-500' Zone Total Area = 40,318 s.f. Existing = 2,689 s.f. (6.7%) — Proposed = 4,093 s.f. (10.2%) Allowed = 12,095 s.f. (30%) Variance = None Front Setback Proposed Required Variance 10' 35* 25*(71.4%) Pertinent Ordinances - Section 10.03, Subdivision 9 (D) - Accessory Buildings; Section 10.24, Subdivision 5 (B) - Lot Requirements Bardships - The well is southwest of the existing house which prevents this conforming location from being used. The steep slopes that are north and southwest of the existing house would require major land alterations. List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Diagram of Lot Discussion - The applicant has applied for a front setback variance and a front yard setback variance. The proposed front setback is 10* from the front lot line as opposed to the required 35* which leaves a variance of 5* (71.4%). The garage is placed 4* in front of the front line of the house at its closest point (see Exhibit E). Zoning File «1198 September 16, 1987 Page 2 of 3 The subdivision of this lot took place botv;een 1976 and 1 977. 1 he house was built in 1986. Currently, the lot does not ha>e a carage. The property has City sewer and a well (see Exhibit £). The parcel has thick vegetation partially covering the lot. There are steep slopes northwest and south of the existing house. There are slight slopes on the proposed garage location. The steep slopes start approximately 3' from the east side of the proposed garage location. The well is slightly less than 3 ’ from the proposed driveway location. The Planning Commission should ask the applicant if moving the proposed garage location back 2' would represent a problem. This would create a proposed front setback of 12' and a variance of 23' (65.7%). This is a decrease in variance of 5.7%. Staff notes that if the proposed garage is moved to the east further, more extensive land alteration would be needed to accommodate the structure. The existing driveway will remain and will be extended to the proposed garage (see Exhibit E). The proposed garage location has a notable change in elevation when comparing it to the elevation of Wildhurst Trail. The distance between the Wildhurst Trail pavement and the northwest lot line is 35'. This means that the proposed garage will be a total of 45' from the pavement of the street. It appears that the proposed garage will not be visible from Wildhurt Trail because of the elevation difference and thick vegetation. The pavement of Wildhurst Trail overlaps the north corner of the subject property by 11' at the widest point. The Public Works Director, John Gerhardson, discussed the possibility of upgrading Wildhurst Trail. Since this street is a dead end road, the chances of upgrading appear to be remote in the near future. However, Mr. Gerhardson did feel that it would be necessary to ask for an additional 16' right-of-way on the north corner of the subject lot at its widest point. The 16* right-of-way would extend only on the north lot corner. Hardcover is not an issue (see Pertinent Facts on Page 1). There exists a drive for storage that enters the subject property from the neighbor's driveway. Staff Recommendation - Staff recommends approval of the variances to construct a detached garage for David William Rahn at 1134 Wildhurst Trai?, based on the following hardships and findings: 1. The well is southwest of the existing house which prevents the location on the southwest side from being feasible. 2. The steep slopes that are north and southwest of the existing house would require major land alterations for a garage placement. 3. There is an elevation change from Wildhurst Trail to the proposed garage location which provides existing screening. ■IT # Zoning Fi3e m98 September 16, 1987 Page 3 of 3 4. The thick vegetation on the property acts as natural screening 3 seasons out of 4. 5. The actually paved street (Wildhurst Trail) is a total of 45' from the proposed garage. 6. The hardcover that is being proposed is 10.2% in a 30% a lowable zone. 7. The subject property does not have an existing garage. 8. As of this writing, the City has received no negative comments regarding this matter. As a condition to the approval of the variances, staff recommends addressing the 16' additional right-of-way at the widest point of the north corner of the subject property. / \ * »c /A i f % • • >.J..: 1 1 r. i s t I CITY OF OROKO - VARIANCF. APPLICATION Initial Application Fee $150.CO ($50.00 per each additionaj variance) Renewal Variance Fee $75.00 (no change front original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address //3^ \aJ i\cll{'Ai / 2-y oo'Z.S 727^ Zv) Property Identification Number (P.I.D.) Q7-//7-Z3 zv oozc Please checl< one - Is the property abstract or torrens? ''ttach legal description to application if not included on required survey. .iPPLICANT Phone (home) Name ZO/fi///) /^AhfJ_____________ Phone (work ) "!0 H4>_____ Address:7<aV\ City /J r')Zip: 5^3(7^ Oi'n^R (if different than applicant) Name 5^ A/J. >' Phone (home) Phone (work) Address:City::^cny OF oROt:oZip:;!~c ■fffgnv t jM.nnwi. L'i I Date Property Acquired I (do) <fdo noO also own the adjacent parcels of land. CheCK JL 150.00 (mont)^^^¥'$‘^ ^ 01 CEtl 150.00 71 ' ^ am L» ftwLUi; t 11 int%n i i;020010 cool fcOl TJ4:2 ’^PRESENT OSE OF PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ Present Use of Property _ _ _ _ _ _ _ _ _ Residential ___________ Other (specify) _______________ AG/^f /O' Gut' i / u I DESCRIPTION OP REQUEST Estimated Construction Cost %'S2jOC> I^cribe request in detail:/^ ^kjUrJ/2 fra,t ________ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( lO Front Side Rear) Other \IA . !‘T^ M<j V. •. t - Uja.• 1 £• ri i ■"•' • \2^ S « .» 1 : ! o N N/J<? ^ :!C \ 1 • c.— <=- no \ .1>V V ^ o ^ S' '* i • lio . L'^s\ • <r •' • ,2- fc: »A * • ti» sm Oi «*. ■ ■ s?i5. 2 t; ■>4 ■ U • • W , -»V % V Ot^c ^*^**^^^ *4^ V' 5 Ti. -♦ • . tli i K . tzor^A*: • - • 3 U ri T m !• o \ >» > n 2 3 a ;u > a a 3 Q n m I f- 1 t ^3 TJ ^ U f-1 > O S -< >t* m 2 a O T3 > U a 3 « :g m i§§i« o V! V ff 3 Z ^ 5 i9no ^ m *n jq--3r Ml *11 3 m rt vrf p :q d M u r» M M X o W m m Iff o a XI a ^ r* ’III iA 01 3 -J n TJ m > XI ^ -< 5> n 2 a a a > a o 3 ^ XI ni 3 -j ri -Q n > ^ s -< ^> M z a o 3 > a a 3 Q X] m 3 V m > N -< > ni a x3 a JO X] 2 > a a X] ^ O O 9 M > r- ^5 01 nf •» ^ ^ # 3 "O M tJ n )• XI N -< >► n 2 a o xj > a a 3 xj XI m X 01 > u o M O o X > ^ Sa~5asmr? n X o o a 5m o ?! s >< Q ►- H H o OfX i— Oi i“04 ^ X ►- O Sigss^i i"'cT01 X X X Q 01 01 ^ ^ X uu H s z c^ xl r» X ni ^ a o M O X Z 01 t Cl X ^ X» > X o i§q a u i 3 r 01 X IS o 04 X 01 »• f1 ►->ar X m r» m H m ^ ^ X X o >* ni o M 01S S ^ 5 iJ» V X ^ X X O M > > > $i::sas a C3 o i?5S5a z z i -a -n ►*ni c 01 o f- g ^ m X I -< m n# ^ 04 rjr- 01 Xsci (> X r- A m fj X o m o |N» n 04 M a I5c "b 01 01 z ut9535 S“3S|„ ^ H rn 01 ^ A “1 H _ r ra 04 53** V aisi I ila 13:^5m < -n ►- 01 O •• Q *>4 H M ^ • oi -4 t- m rj wn r* 01 04 04 > X H> X rj > m M X -4 m a M O O c- a I • O {'-<. t » ' 'M !•> rv '*. ▼ • fli ^7/ V Ia i 01 OI 04 M a a o ^ o M M $ 0 ^ > o 5 m ffi Vp- •— a a 09 c »-« X 2 m M %4 S Cl o S p j 01 a H 2 M r- 5 S|"^« rvi 01 ^ H o d2 X m iinr • X M > ^ V4 OI o r I Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM Jeanne A. Mabusth, Zoning Administrator DATE September 17, 1987 SUBJECTS #1199 Richard and Gay Kelly, 425 Oxford Road - Public Hearing - Variance Zoning District - LR-IA Total Acerage = 2+ acres dry contigous lands Pertinent Ordinance - a) Amended Section 10.22 Subd Average Lake Shore Setback IB amended 7-14-86- "No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots........................" Allowed = 0' Variance = 70' encroachment b) Section 10.22 Subd 2 Lakeshore Hardcover 0-75 0 sf 75 - 250' = 6189 sf or 14.75% allowed 25% 250 - 500' = 8700 sf or 26.28% allowed 30% No variance required c) Section 10.23 Subd 6(B) Side Setback Required - 30' Proposed = 22.07* Variance = 7'.93' or 25.5% * The applicant does not plan to ask for a side setback variance and will reduce the proposed side setback. Hardships These are hardships set forth in applicant's addendum Exhibit E. 1. Large/mature trees required to be removed if average setback line is to be met. 2. Original house was located within the building envelope of the proposed house - to build at this location will allow original plantings around that house to remain. 3. Locating the house at this location will require less filling and alterations of land to maintain current drainage pattern. Slightly lower elevations to east will require filling around house to maintain drainage. Issues for this review. 1. The neighbor to the south claims a major impact on their lakeshore view if house is located 133 feet from shoreline. 2. What views are to be protected by the average lakeshore setback standard? Lakeside views ...side views - what was the intent of the code? List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G “ Exhibit H - Exhibit I - Exhibit J - application Property Owners List Plat Map Acknowledgement Letters Applicant's Addendum Survey/Average Lakesho*e Setback Line Sketch/Lakeshore Setback of Lakeshore Lots of the Stielow Addition Topography/Septic Te?t Locations for Stielow Addition Building Pad/Site Plan/Exercise Building Elevations The Kelly's plan to build on the last undeveloped lakeshore lot within the stielow Addition. They seek a 70 feet encroachment variance of the average lakeshore setback line to construct a two story 6r6O0+ sf house. A small old farm house existed on this portion of the property at the time of lot development and was removed some time in 1979. After inspecting 'he sight, staff asked that applicant more clearly define the building envelope with additional staking. The Kelly's have also bee advised of neighbors to the south opposition to the proposed house location. The Petersons have asked that the house be pulled brck behind the average setback line. Review Exhibit F, the Petersons were the last to build their home on the lakeshore side of Oxford '^oad. The remaining houses were built from '79 through '81. A comprehensive look at the development of the shoreline properties adjacent to Oxford would suggest that houses were placed less with concern for lakeshore views but more to consideration of existing higher elevations avoiding lower less stable ground area associated with higher construction costs. This is certainly true for 475, 495 and 575 Oxford Road. The building envelope elevations of 405 and 425 Oxford Road are lower in elevation with very little grade changes (except for designated wetlands area along shoreline). 475 and 495 Oxford were built along a higher ridged area to develope lakeshore walkout designs unfortunately, for the applicant 250'+ feet from the shoreline. The curved shoreline of this portion of the bay also adds to more panoramic lake views than if we were dealing with straight line shoreline. Staff would contend because of the extreme curve of the shoreline along the north that 475's view from the viewing windows on the lakeshore side are not affected. The views from the windows on the north side of the home would appear to be affected. The applicant has not submitted view elevations with the application because he was not aware of any concern on the part of his neighbor. Review applicants building elevations Exhibit J. We are dealing with a major 2 story structure. Staff has enclosed a profile of the building envelope and a sample site plan for your use. Exhibit I. In previous applications where an adjacent property opposes the encroachment of the average lakeshore setback line, the city has asked for view elevations taken at the level of specific windows. At a site inspection with the City Engineer, we noted that if the house was pulled back approximately 15 feet and the garage angled then the encroachment of the setback line would have a minimal impact on the Peterson views. The applicant should be asked to submit elevations from the adjacent property before Planning Commission can make any final decision. A 70 foot encroachment in front of an average setback line is severe. The hardships stated by the applicant are doubtful after visiting the site. A house of the proposed magnitude and drive at the proposed location will necessitate the removal of all trees within the referenced area. The building that existed on the site is long gone and was never considered in the determination of the lakeshore setback of surrounding residences. Staff would suggest the following hardships and for findings. 1. Extreme curve of the shoreline along this section of Stubbs Bay. 2. These are two + acred lots with 460 feet average depths, majority of houses were placed on lots without consideration of lakeshore views. 3. The most affected house was placed 240+ feet from the shoreline restricting 220 feet depth of shoreline yard of the subject property. Planning Commission Actions - Table pending receipt of view elevation from specific window elevations of the Peterson home. In reviewing Exhibit H, the applicant will have to provide septic testing for principal and alternate sites as the placement of this size and shape home would render the existing septic envelope unusable. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Please see attached deseripLion. DESCRIPTION OP UNDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ r lease see attached desc ripi ion. REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150’ (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information nas not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT * S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied 'I'p true and correct to the best of his/her )cnowledge. ^ Applicant's Signature y Date P/? /p7 / OWNERS SIGNATURE The owner hereby ackowledces 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 investiga tion and verificat^on^^ ^his renueat^ Owner's Signature Date ? 7 Applicant must have all submittaJ^ into the City offices 25 days before the Planning Comntission 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, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ■1____ Him 235 7) I /T.5-* ' r: >$5 9j- 20._1__ I / 'S, 'a / n. r®AVI5»PE ■|3^ 5 .6^ — J o*~r* /:5Z ‘ o ' vr> 4 i ^ » S 1^ M 5*«r 3 r:p) 1 ^ Va ■^2 --->- 11 . ? • ’ 5(^ ,! ■ efii) iJfliwTVi O ^T\ f / ^40 S «♦ i/cl '?.M<r *‘.„r** ,m*5: ' 5< • -^ I '(Al) ' b ^ c<» A* .:.;j‘v'‘^ 3,44) 7. ^ i ea:tlake ^1 ^ * t*—- J i\\f 4 !>" 19>- 6 voo 7*> V' ^'1?^ o*3’^: :l:L. o''-I-'-I V4<ti *1 r*’r5o. *-* hX 7 •Vu4f s'* r 4^I'l ^' ' 10 9 A. ‘6 I* !2 ^ /:: 1 57 ^>wr6 -C5 .V .?6725 5fi^' ?7 - — i:L IE LO WS -r 0) '.n<- V'' 4'’ '/?V'' 44 (|5) ::<7 // Vf .-y .jy .*• V «•! ry*- (n t r ^ I r . V.1 // ^^ VA. .•■ V”, '••■-.•'•.I <V y. / ■"'•«■ ' D Adjacent Property Oiniers* Acknovledgeaent Form I (we) Arthur S Gail Burton [print name(sH of 405 Oxford Road. Long Lake, Mn. [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 425 Oxford Road. Long Lake also referred to as Land Use Application No. _____• I (we) understand that in executing this aclcnowledgement, 1 (we) am (are) not aslced 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 Property Owner 2 - / ? - 5* 7 Date Property Owner Date If you have ar information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. D Adjacent Property Owners' Acknowledgement Form of 475 Oxford Road, Long Lake, Mn.I (we) Melvin & Ollie Petnr-^nn (print name(s) ][print address] have reviewed the plans for the proposed Irriprovement or proposed use of the property located at425 Oxford Road, 1 on^ Lak^^gp 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. Date 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 6 Zoning Office at least 10 days prior to the scheduled meeting date. 'U- irn ► I hChMEIm I I \ f ; y 1 . 1 i I Oa *• * ^ / / ** t # / f D«?scY'‘iDt; lOM of Koqi.ff?rt he t.aJ^DShore Setback Requlation provides tnat no OMiidirtn maybe clori^r^ to tr^e shoroiino than the averar:o (Jist.arnre rroni the 5h ‘.trel inc' or the c^xi^-^tinn i cJe» ice t-^uildirais on «<d.iacerft and nearby lots. 1 ntorrnat 1 on received from the piarirfinu ”^nd romnq or?pay't mt »nt s of t|je City Ur'»jrio iriLi.’cate tfwd, Uu- r-ropov,! .rj snouirJ be sitecJ ne.i i nd a .1 i rio drawn hf?twn'eri the «^ovitnwest cornivr«:, of the two aci/jacent hc«uj>e'.s < the burton ard Peter sori hr-mes >. uur I rciuesr is that the ii tv Connr i i ro 'riijr u?^ to site i:ne nouse in trorit of this line, triat rs cJo'^er t*:i the iak** hv a>i amount varyinu trorn firteeti <lb> to sirttv (bO) fes':. ^'lea-e refer' to J^erc I f 1 cate our^'/ey i^or i:*r-'opose‘1 i ocat ir^n. nar i, * ^ ir» * • ^^itec as or^r iu-'iuirari ,i submit artr 3 a ^ Munrj**r ’ of • ar c i"* t rc r^s wi t i ha\ o \:r ni:? t.'ut c • •wn nrai rerrovKU. friesc* t r ha.o :»o*nrti ; • r*iace t * •) f'-rriy r.rs rurve reae tr?.‘ rie^rirsy*. ^ •: f ir*tv (‘.;»U> er»t. ^ v riancr* jh aritnc »!iar«v •;. f tfifoe ut' !? r e‘. i ur» tM* • r ♦ r .ritar ^ jf « '•»» .'v rig w."*r^'Cj rnaiCuieM* of tfir ur‘r*e»‘ty «^rv:i the r.«: i finnor-rr-M: o £. t • « I A --A iii t ' r»t^r>c»'1 Dt ic*n ot Unusuni wrootn'i,v LoriU li ions Tfie p)r oner'iv ficso an orirjinai buildinq on the site in aoD»'OM 1 mat e i y the same Dosition wnere we are request inri to locate •* house. f-lround the oriqinal builclinq site are a su'jst dint i a i plantina of mature trees. In addition to the t-ees, drainane an-, qradinq of the property ' =» such, that if tfie ✓ariance is nranted a til 1 niloum ot cisr'uotion will oerrur to tiic ai'ea. In particular, the northet'n s .e of tne lot near t^ie propert v line acts as a arainaqc course to the lake *'or mucri cf t fie cround ai'ea for this lot arid tne adjacent one. By iirantif] this /ai itince reiiuest the prooei'ty will remain basically in tne same corif •. aurat ion as it lias oeen foi' tnt? previous f ■ o u s e. 0^ i & AVE RA6?E LAKE SHORE SETBACK LAkESHO/$£ L.OT5 OF THE 5TZELOUJ3 ADDZTXOH OF *75^ 5£ra<;cK l.tne r "1 1 h m / To:Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Prom:Mary Jo Knott, Septic 6 Zoning Aide Date:September 16, 1987 Subject: #1200 Thomas Scherber, 1820 Shadywood Road - Variance - Public Hearing Zoning District - LR-lC Single Family Lakeshore Residential (\ acre) Application - Hardcover variance to build a 6'xl4' deck extending from, the master bedroom. Pertinent Facts - HARDCOVER INVENTORY * 0-75* Total Area = 10,148 s.f. Existing = 1,717 s.f. (16.9%) Allowed «= 0 s.f. (0%) Variance *= 1,717 s.f. (16.9%) 75-250* Total Area = 25,080 s.f. Existing = 7,220 s.f. (28.8%) Proposed = 6,904 s.f. (27.5%) Allowed e 6,270 s.f. (25%) Variance Existing = 950 s.f. (3.8%) Variance Proposed = 634 s.f. (2.5%) Net Decrease in Hardcover = 316 s.f.(1.3%) 250-500' Total Area 6,500 s.f. Existing = 490 s.f. (7.5%) Allowed = 1,950 s.f. (30%) Variance = None The pink rock does not have plastic underneath, therefore, is not considered hardcover. Pertinent Ordinance - Section 10.22, Subdivision 2 - Hardcover Hardship - The existing house has sliding doors on the second story master bedroom which could create a safety issue. List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Diagram Exhibit F - Photograpli of Prop.osed Deck Area (to be shown at meeting) Zoning File #1200 September 16, 1987 Page 2 of 2 Discussion - The appicant has applied for a hardcover variance to construct a 6'xl4' second story deck. The property has City sewer and water. The applicant acquired the property in August, 1986. The sliding glass door was already in place facing the lakeshore off the master bedroom. The distance from the sliding door to the ground is 8'. The applicant has expressed a concern with the safety in this situation. The hardcover was reviewed (see Exhibit E). The applicant proposes no changes in the 0-75' zone and the 250-500* zone. The applicant is proposing an overall decrease in square footage of hardcover in the 75-250’ zone. The 200 s.f, of existing concrete slab would be removed and a 84 s.f. deck would be constructed. This would mean a net decrease in hardcover by 116 s.f. The concrete slab is located east of the garage and the proposed deck would be located on the northeast side of the existing house facing the lakeshore. The evergreen shrub would be removed to accommodate the proposed deck. Staff Recommendation - Staff recommends approval of the hardcover variance to construct a 6'xl4' deck for Thomas Scherber at 1820 shadywood Road, based on the following hardships and findings: 1. The sliding doors on the second story master bedroom could create a safety issue. 2. The overall change in hardcover in the 75-250* zone will decrease from 28.8% to 27.5%. If the variance is not approved, the applicant will have to contact the building inspector to address the safety issue. A condition that could be placed on the hardcover variance if the variance is approved is the applicant must have the 200 s.f. concrete removed before final inspection of the proposed deck. Il 7/ CITY OF ORONO - VARIAKCE /APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) Aftcr-r.he-Fact Fees (Double application fee) PROPERTY LOCATION Site' Address ) 1/ P*!.) .-S Kc'« J ^ Property Identification Number (P.I.D.) *- t » ^ ■ j 'r ; ■ .» I Please check one - Is the property \ abstract or torrens? Attach legal description to application if not included on required survey. ^*^PI*ICANT IV- Phone (home)____ Name y /'ll f ^_ _ _ _ Phone (work) Address; H ^ (l\. City; 4; Zip; ( OVfNER (if different than applicant)Phone (home) Name j-j.Phone (work) Address;City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property -fV- rrrv' nr nonvi Pesi^ntxal-rrTrr Other (specify) 1 Ti-'V-'i'.AA ^ WW V'V'V'V'V 1 If 4irn ,‘.n DESCRIPTION OF REQUEST .'w • k. O'V* •>A V'Estimated Construction Cost^^^^'S "2 Ic. rU-T_,ynij Describe request in detail; f /o f U -A 44: -■ '^.T/.T7| VARIANCES REQUIRED Lot Area Lot Width Setback Variances (Front Hardcover Side Rear) Other r o ( I O O 9 H ^ "If! m si;: ni JQ5^ r V- • .< 9 • o -? :: >J :* Cl -• -j :q V. -< ►t- r: a C3 ^ •u :o CJ n nrt •• . * ; • .• * I J • ^ -j X >r- - •» Q ."U . *J o - ;j AJ n 3 Hn X o o o C ^ c. > o Q Q -<^52 g o Z Z > a a55SiXrn m o m 5 ® X* O ¥*r in VI w*4 :qo a *“S o r« -< C45S ►3 rj o :o o O !-• :- V . ‘ > .- ^3 X -< >• U Al • § fn Cl •j on AJ o ►- 30 o» |S •< in Q 1^8 ;2x>a X Z o u > ► » 2 2®^ X in — _ VT •- n 90 N| Cl cn »!« > ► c/1 ►-• 55“ n m Z Z S5 O rj 5® ClH -< r in o in o 04 a •o O -I H »• TI U Cl T,S 0 04•— o 01 IM o •- I Cl ^ n CJ X m m 53 51am 73 X W ^ n X >4 > 1 3 51a >4I r\i 04 rj a o > \- ;• -p :: T • -0 • I :• j X -< u 1* m Z o rr T3 :• CJ r3 z: M A3 r» §sc3 i> ■‘-®o u ^ o u ^ CBI XT O O ^ N M - •Ox •-• 5 S Q Q 2 S Cl r» -4 X m X M ClS'" ss O 04 </l m 3 X Z Hi*S -< 5oi Cl 04<o o z m H > -n 2x,S28o 9 a < i-i O 04 5®a- S?a ro r IM O X O a o o / T -4 r r - j L; * . Cl n V »» \» *" ;• XI X ^ ?• n z a O A3 > a o z 53 X m 5Ss;'"2S < X O t* %43-3 i >4 1> 1 -< . 5 2^32 s;^2 a rj Cl c5 " O M a IMJC 04 Cl Q ni C0 m -< 04c04 a m Cl r CfQ fM -1 d M ClQ ^»- X •n S 04 oX O a 5* o oX cr IM a o Z a MoN| - o -< O Cl •- 33 ^ o m •• X I M M O r- d ►-• m O X ^ f- Ai >• • S5S^ M E 04 rv» X M P* Ss c a o o 04 > M 01 > M M o m Cl Cl M Cl X / ‘ « 4i / n Hn X o o a > H n a O X ri ^ < •» -C o C®SxS-A > ^ z m V XH Xm3 Pim • XM ►- 04 \/« O V I A . J... i’l.it )f r,un>ov lor ‘Vir*r, , A ' ■ f • • I • lii in Count • » • • . • 5l ‘»b Will R w i^*ji** K ooc: V>(=C^ £' -TO o o \ \ \ \ Ccrtii’icalR oj’ .'/.rvoy: I h<;r.;Vy corti^y t.-.;it Imk In .• tvi:-- im! correct roprorci.tnlion o5Jk •• • ^ w • w ^ •• ------- - _ _ _ _ ^ rui'vu^ of t!.ti co-•;.=•.rior. of l,o!..*-. 23 m-'! 24, liltidy i.'ootl, ur.i: of tne iocotio:: of oil h;.j llir./o t horoor., .in*: -Li vir.iLl*: unrro.irl;.-:ieii{.:s, if a;\v, froi t or .n’. :.; *i(. lont!. I • L€^€»ob p€.emi^6oT STl2.ucra<^ Pooc- D(Z.»0 6coAc^U.T SiD6lofl(-.K -»>£^®0?0S^D. - LoooO [.0 * p4to»^ ---^C coa ^o ijTocc -...... STOfO 6 (2eT- LOrtUt- . r;. ]K U: O *1 -- 1,0 ];-or. 'V • ioruO!: ... Coffili hO; . fjff \,\v.>\ ;.!irvo; f>r ml /’liu.iittr :,cjv Ji’.i!. J.inr.'.v> . 60,4 iJi\D6e4^o 1 0 TO: PROM: DATE: SUBJ: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Mary Jo Knott, Septic & Zoning Aide September 17, 1987 #1202 Paul Schueller, 1280 Spruce Place - Variance Public Hearing Zoning District - LR-IB Single Family Lakeshore Residential (1 Acre) Application - Front setback variance and hardcover variance to construct a detached garage 3' from the side lot line and increasing hardcover in the 75-250* zone by 1,291 s.f. Pertinent Pacts - Lot Size » 9,400 s.f. (.27 acres) Hardcover Calculations: 0-75* Area = 3,750 s.f. Existing = 587.4 s.f. (15.7%) Allowed = 0.0 s.f. (0%) Variance = 587.4 s.f. (15.7%) 74-250*Ar#»a = 5,650 s.f. Existing = 1,699.6 s.f. (30.0%) Proposed = 2,990.6 s.f. (52.9%) Allowed = 1,412.5 s.f. (25.0%) Existing Variance = 287.1 s.f. (5.1%) Proposed Variance = 1,578.1 s.f. (27.9%) Front Setback: Existing = 93* Proposed = 30* Required = 30* Variance = none Side Setback: Existing Proposed Required Variance 10* 3* 10* 7' (70%) Pertinent Ordinances - Section 10.03 Subdivision 9(D) - Accessory Structure Section 10.22 Subdivision 2 - Hardcover Section 10.24 Subdivision 5(B) - Lot Requirements Zoning Application #1202 September 17, 1987 Page 2 of 3 Hardships - 1. The lot was subdivided and house was built before any ordinances existed. 2. Currently, there is noc a garage on this lot, hence, the need for storage space. 3. The sewer lines are located 19' below the surface and are located approximately 10-15' in from the north lot line. 4. The lot is 50' wide, therefore, preventing access to the garage doors from the side. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey E - Hardcover Diagram F - Proposed Plans G - Letter from 1280 Spruce Place H - Approximate sewer and future water hook-up locations Discussion - The applicant has applied for a side setback variance and a hardcover variance. The proposed side setback is 3' from the lot line facing south as opposed to the required 10' leaving a variance of 7' (70%). The, proposed garage meets all other required setbacks for the LR-IB zoning district. The hardcover is not effected in the 0-75' zone. There is a proposed increase of hardcover in the 75-250' zone by 1,291 s.f. The proposed plans include: a 40' x 24' garage; an addition to the existing driveway, thus the driveway would total 894 s.f.; a replacement sidewalk of 3' x 66'; and replacement stairs of 3' x 6'. This would require a variance of 27.9% (refer to the pertinent facts on Page 1 and exhibit E). The house appears to be built around 1915. The lot was subdivided prior to this time and before any ordinances existed. The lot is .27 acres in a 1 acre zoning district. The lot is 50' wide. The west lot line abutts the right-of-way to Spruce Place. The paved portion of Spruce Place is 11' away from the subject property's lot line. The lot is located on Spruce Place right before approaching a steep slope on the street. The lot has a slight slope toward Lake Minnetonka to the east. The lot has a well approximately 16' from the northwest corner of the existing house. The City sewer pipes are 19' below the surface and 10-15' from the north lot line. A crimped water pipe runs along the north lot line above the sewer line and is ready for future hook-up when City water becomes available. The applicant discussed a need for the proposed turn-around drive. Spruce Place is a dead end road but goes up a hill to the south. This creates a safety concern for the applicant. Zoning File #1202 September 17, 1987 Page 3 of 3 The lot to the south (see exhibit B) went tax forfeit to the State. Eventually the two adjacent property owners had an opportunity to bid. The owners at 1300 Spruce Place had the higher bid. The current owners then tried to acquire the land across the street to build a garage on that lot. The City of Orono owns the lot and did not want to sell it. Additional storage is essential for this property. The equipment and supplies that are currently stored out in the yard will be placed inside the garage. Recommendation -* Staff recommends approval of the variances for Paul Schueller at 1280 Spruce Place based on the following hardships and findings: 1. The lot was subdivided and the house was built prior to any ordinances. 2. The lot currently does not have a garage. 3. The proposed plan will allow access to existing sewer and water pipes. 4. The lot is 50' wide, therefore, preventing access to the garage doors from the side. 5. The placement of a conforming garage would eliminate a turn-around drive. 6. The applicant has tried to acquire additional land. 7. As of this writing, we have received only positive comments from the neighbors in the area. 41./ . ‘n -# i’J A A ir.v^^ Vw* ^o Uauu uuc: ■ u V ' 61" Fgo >_ _ _ _ _ _ Rcceipt _ _ _ _ _ _ Initials qO i ■^'73^ o CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) 0 5iT -*/ ! ~7 — O 'S 3 CO ( Please checlc one - Is the property _ _ abstract or ^ torrens? attach legal description to application if not included on required survey. APPLICANT Name 3'^0 Phone (home) Pri n ( $ <r^A (!'&> I Phone (wor)c) S ^ 3 / Address; f3 1^^) r^iC 'tL. P/. City; M(k) Zip; */ C.WER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ Name Phone (wor)c) Address;City;Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ Present Use of Property // <0 /vn P Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail; Estimated Construction Cost $"TTv r>c ronkhi U a « » •-> U'MU'MU* rnrrrrrI u'/ r auu S V. w'Vfc-V'V'V w At rm .m, ,WkI.L frA M W' VARIANCES REQUIRED Lot Area -r ^ ^ — — — f-c^,— r i. aw ‘v*vv* (.•c ? . L. i I rvDT.vL vnii Setbac)c Variances ( Lot Width Front Hardcover .*/•/>/ .:■/)< T0?:0^rrV4.4-.* v'v uvv’i nvi f v'/ • AC‘ /7f /07 VC/ »-*X / Lf# [X Side Rear) Other ______fy^ O O J J^Lc'7'^Q. -'tj-CLd.Jh ^ HARDSHIP Describe undue hardship or practical difficulty resulting from strict ^ enforcement of zoning regulations; .., .3 ^ _ _ _ _ _ _ _ _ I c. tn ~y /yr jf c^J ^^ • JT/ DESCRIPTION OP DNUSDAL PROPERTY CONDITIONS REQUIRED SVBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addresstd to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. mm mm mam mm mmm mm mmm mam w mb m . mm mm mm mm mm mm mm mm mm am mm mm amm aam mm mm amm mm ^ mm mm mm mm aam mm mm mm mm am mm mm mm mm mm mm mm mm mm mm mm mm ma mm mm mm mim mmm mm aam mm am mm mm arnm mm arnm ^ mm mm mm mm The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature ________________________________Date__________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Cqunc^ members for purposes of investiga tion and verification.of) this rdqiTe Owner's Signature ' ' f./ /. .Date ^ ^ ^ ^ A Applicant must have all siibmittals into the City offices 25 days before the Planning Commission Meeting. Planning Commi-sion 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, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to adv’ise the Building 6 Zoning Office of this change prior to the meeting. •- r- /1-v-\ » ,■zi Vi 1 Oi ^5 oi oi ci 1^ 0 Id AHdJHOH^ -TC oi 9> < crs <?> E.. ic9tlc o wrs V-/ <Q - rir CLL^f* ^01 ^ .rr.tS, "' > /J*'1' ' ^• ‘ :• ^ ' '<s> • ' ““ I*r ^ ~ 'ijL ’‘>1^ / ' ,9 07*3', / . o ^ o ■ V. ^1^ *0 H O 3 X>5 X 5 g o § S X3 m > nia s m > « gs m < >o 2: z g^;!5gc> > 0 </i > “Isa ni ^ U1 XI 73 vjT *a ui ui 5f!CiS ^ cli m > f- O 04 •- 01 rj o o > 0^ I > »- tft 3 gm •a f" Vj I fVIu r» o o s g O 0 01 73 S a ni o In s o 0 01 o o o 3 ^ U U O 04gwgaj;® S®^=So (/) C £ OB S 3 C £ i C > > 01 ►- R553r UT m m VI ‘n :q a m m ^ rj m ^ Oi U M o o 5-<s > tjf in 04•c n X x4 m 3 01n ••o m X o u *- o> X rv •V^ O 0»m I nt 01 m 3 3C2S M o m XXX H m in -a S'" I fVB U U rvB xy m o 73M c. o u ► ® sm Ssm • IS H ►- ^ ^ 04 » O V-' o .7 7 r4oez Prepared for*. PAUL & SUE SCHUELLER V J *• •• rx A N LEGAL DESCRIPTION: Lot 3, BLock 1, SAGA HILL REVISED, according to the recorded plat thereof, Hennepin County, Minnesota. GENERAL NOTES o Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation < Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes existing features X 939.7 9391 Proposed top of foundation elevotion Proposed basement floor elevation Proposed garage floor elevation = BENCHMARK: ALL-METRO LAND SURVEYORS 2340__Onnifll®__QijnatA# I htreby ctriify thal this survey, pkin or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lows of the Stole of Minnesota. ■ "friaoa. War^GoOer 32)', Ar^ct- 5jj;,50 5.f. ' EA'si.rt^r 4, : ??,»-i- Vaf.q^^ p ^ ''^■^■(^■1 ‘^) "=P«Wr(s-7s;,.^^('^,.<,<g hcecx^ 3, *7 50 <:/’. E«.-.1;.vy- ?«7.H ^.f 6s.75i,) Allc^i'di- O.D ?.-f. Vtir,aoce: 587.H 5.-f, Scale. I % 3o' I3> ^ 'ropos^.C^ I? 3?^ K &nm m5 nrcr> P!;o •n 0 9 fr/n r ii’ > JO > Q Xo_ i II. • « *. ~— #1202 b^s - ^jior^e Tvo g a* o*c. • -o / *•\ / PLC^/* DftX'O^ f o E c 6 M' :::U: 5 10 'i - - ^ - •• --' .-•H^.t v------«■X r-.>x=r^j3i i:'>oVa'' 1 _L-.O’% P 1 \ ^ »rfc rxJbi '■'0 ...k iO «^ .|ky v' ‘O' f w n, . : v. *1^__I V * '".^ .■o'%c. '-J c Hi X. r> > s. JC p» 0c aJ. rr};i;;- iJU --< L- w •»! . . .J H il •.rr.t:^ i'O o CO G City of Orono Planning Commision September 15,1987 f To whom it may concern; As homeowners at 1260 Spruce Place we have no objections to the variance requested by Paul Schueller at 1280 Spruce Place. We have a very quiet, one block long, dead end street. #L^0> A pproxtonaTe^ • and. Fu/'tw-e, Hook-«^p Loca-V;on5 ^ . A locaWI 10-15Fpjis are. ■frorr) ncrM\ lo4 l.ne. \];>,U>^ V on 69''*“^ Wafer pip ‘^. is Cr./npeM Lo\-V;l C.-fe .-a aoa'.Utfe ■Kd S lo'V. a i e.-30