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iN no -.i-i p 65885� 0 1V' �/o i �. , • CITY of ORONO � f* t: + i���M�, iO RESOLUTION OF THE CITY COUNCIL ikesti& NO. 3 6 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22., SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2050 WHEREAS, William Toles (hereinafter "the applicant") is owner of the property located at 3165 North Shore Drive within the City cf Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (:i ) to permit the construction of a swimming, pool which results in hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone, and a variance to Section 10.22, Subdivision 1 to allow such swimming pool to encroach past the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File 2050. 2. The property is located in the LR-13, Single Family Lakeshore Residential Zoning District. 2 The Orono Planning Commission reviewed this application on August 21, 1995, and recommended approval of theproposed variances based upon the following TRANSFER ENTERED find ing,: HINNEPIN COUNTY TAXPAYER SERVI JUN 10 1996 Page 1 of 7 Hl � 1 { / BY 147:;------.1 , 0 /O • O tots - CITY of ORONO �p 1i�1 ti RESOLUTION OF THE CITY COUNCIL ikESH04 NO. 3 6 Q ''_ A. The average setback line is defined by the house to the northeast which is significantly closer to the shoreline than applicant's house, and by the residence to the southwest which is significantly higher in the topography and is screened by existing vegetation from a view of the proposed pool. The proposed pool's 15' encroachment past the average setback.line will have no impact on either neighbor's view of the lake because the pool is low in elevation and neighboring properties-are either closer to the lake or much higher. B. There is no existing hardcove-: in the 0-75' setback zone and none is • proposed. As a result of the proposed pool, hardcover in the 75-250' setback zone will increase by 1,653 s.f. However, applicant proposes removal of 1,390 s.f. of hardcover comprised of plastic or fabric lined landscape beds, and further proposes a 400 s.f. hardcover reduction by removing portions of an existing wood and concrete patio at the southeast corner of the house. The result is a net hardcover reduction of approximately 1.37 s.f. in the 75-250' zone. Hardcover in the 250-500' zone is proposed to remain at the existing 4.385 s.f. or 20.4 G. C. Overall hardcover on the property is at the square footage approved for this property in a prior variance approval in 1988. The net decrease in the 75-250' zone from 9,095 s.f. (33.1%) to 8,958 s.f. (32.6%) is a positive improvement. Additional reductions in the concrete and wood patio area may be feasible to result in an even greater reduction in hardcover. D. The property will have no hardcover within 115' of the lake, which is in keeping with the City's environmental policies. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council fords that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that Page 2 of �O � O 6*- CITY of ORONO "Sk�� rlf0. �1%, RESOLUTION OF THE CITY COUNCIL 4kESiiO4 NO. 3 0 ,Ja - granting the variance would not adversely affect.traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2. and Section 10.56, Subdivision 16 (L) to permit the construction of a swimming pool resulting in hardcover excesses in the 75-250' setback zone, and grants a variance to Section 10.22, Subdivision 1 to allow a 1.5' encroachment of the average lakeshore setback by said pool where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover on the property shall be limited to 0% (0 s.f.) in the 0-75' zone; 8,958 s.f. (32.6%) in the 75-250' zone; and 4,385 s.f. (20,4%) in the 250-500' zone per the diagram and hardcover listing attached as Exhibit B. Prior to the initial inspection for the pool, applicant shall remove the plastic or fabric liner from all landscape beds (1,390 s.f.) and shall remove and convert to non-hardcover at least 400 s.f. of the concrete and wood patio area at the southeast side of the house. Further, applicant shall work with the City staff to maximize removal in the area of the concrete and wood patio in excess of the 400 s.f. if possible. Applicant is further advised that future additions of hardcover on the property will likely not be approved, but might ie approved only in z-ox junction with the concurrent removal of existing hardcover, resulting in no net hardcover increase or a hardcover decrease. Further, applicant is advised that future replacement of plastic or fabric liners in landscape beds on the property shall be considered a violation of this approval resolution. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 11, 1996). Page 3 of 7 . 7gv 0./ 0 0 i CITYofORONO A ''' 44. >4 '� Mi.�M' O�� RESOLUTION OF THE CITY COUNCIL �vikESH0'" NO. 3 f 0 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4, The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself. his heirs. successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 1.1th day of September, 1995. FF g ______/ .‘- ;72-,--ec„ ,t t)',rothv N T i Ia1 in. City Clerk ward J. Ca alran, Jr.. May ' '':Z -:_,__. 4--,--' /-,—_,;"---..s:47 perty Owner( STATE OF MINNESOTA ) ) ss. COUNTY OF 1-1EN`E iN ) The foregoing instrument was acknowledged before me on this 11th day of September, 1995, by Edward J. Callahan, Jr. & Dorothy M. Flallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. l'..°<< JAMIE 1.BOSMA Not' .. Public NOTARY P EPI IC O NNESOTA IMYCo3i2J Pate 4 of 7 7g4k)'- 0.4/.. �O O _:A,A�, CITY of ORONO 50* 4., 3'14IMF G~ RESOLUTION OF THE CITY COUNCIL \ESH04" NO. 3 f' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ ' '_ day of . , 0_..__ _ � _ 1 199 _„ ,before me a Notary Public within and for said County,personally a.pp red / r t known to me to be the person(s) described in and whn executed the fore,: ing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Iii62474...(}7—)_,Y i66----7ift IFNOT!NOTA Nora• MyComon Expires Jan.31,2000 STATE OF MINNESOTA ) 1 ) ss. COUNTY OF HENNEPIN ) On this _ day of_ _ -- , 199 . before before me a Notary Public within and for said County,personally appeared who executed. t . FF r c 1i ..- instrument. and known to me to b the person(s) :`Ca�.Iiv `��. ina?and .o "-'=e`cuL _ acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 • EXHIBIT A RESOLUTION NO. 3600 LEGAL DESCRIPTION OF PREMISES SURVEYED. That part of Government Lot 1, Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government Lot distant 1160.8 feet North from the Southwest corner of said Government Lot;thence East parallel with the South line of said Government Lot a distance of 442.93 feet, passing through a J dicial Landmark set pursuant to Torrens Case No. 11475;thence South parallel with the West line of said . Government Lot a distance of 102.5 feet,thence East parallel with the South line of said Government Lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line toa point distant 442.93 feet East of the West line of said Government Lot and 958.3 feet North of the South line of said Government Lot thence North a distance of.102.5 feet to the North line of the South 1160.6 feet-of said Government Lot;thence Weston the North line of the South 1160.8 feet of said Government Lot a distance of 197.93 feet(or to a point 245.0 feet East of ttt.West line of said Government Lod;thence $duth parallel with the West line ofsald Government Lot a distance of 175 feet;thence Southeasterly,deflecting to the left 78 degrees 00 minutes,a distance of 330 feet, more or less, to the shore of Lake Minnetonka,thence Northeasterly along the shore of said Lake a distance 180 feet, more pr.iess,to the point of beginning. �_.. 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Z " '^ ra g H vo n co ._ v, H 10.1 a �W00 � �No.Riz) 14111111%* • ZONootnwo � o = � oSUo b H�3 0. a a ca. Z Q r 0 \ -....•(.. \\ to— \s? • w \F8 *1/414114144. p \ I\ I \ `. POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. INCLUDING THE LAW PRACTICE OF MASON, F E N W I C K & L A W R E N C E, ESTABLISHED 1 8 6 1 U.S. OFFICES AFFI L!ATIONS'. DENVER,COLORADO SUITE 3300 BEIJING,CHINA TEL 303-893-1200 222 SOUTH NINTH STREET TEL 01 1 86 1-51 3526 1 MIAMI, FLORIDA MINNEAPOLIS, MINNESOTA 55402-3336 LEIPZIG, GERMANY TEL 305-530-0050 TEL 612-333-4800 • FAX 612-334-8888 TEL 01149-341-4918429 WASHINGTON, D.C. STUTTGART,GERMANY TEL 202-824-8000 TEL 01 149-7 1 1-22363 July 29, 1996 '. City of Orono JuL 3 ° `14 Attn: Jeanne Mabusth P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Miscellaneous Resolution Recordings Our File No. 3643-047 Dear Jeanne: Enclosed herewith, for the City's Records, please find the following documents which have been recorded in the Office of the Hennepin County Recorder or Registrar of Titles: 1. Resolution No. 3710 (File No. 2114) recorded June 11, 1996, as Document No. 6587774 in the Office of the Hennepin County Recorder; 2. Resolution No. 3655 (File No. 2082) recorded June 11, 1996, as Document No. 6587779 in the Office of the Hennepin County Recorder; 3. Resolution No. 3614 (File No. 2067) recorded June 12, 1996, as Document No. 6588455 in the Office of the Hennepin County Recorder; 4. Resolution No. 3624 (File No. 2056) recorded June 12, 1996, as Document No. 6588458 in the Office of the Hennepin County Recorder; 5. Resolution No. 3587 (File No. 2032) recorded June 12, 1996, as Document No. 6588456 in the Office of the Hennepin County Recorder; 6. Resolution No. 3569 (File No. 2018) recorded June 12, 1996, as Document No. 6588457 in the Office of the Hennepin County Recorder; Jeanne Mabusth July 29, 1996 Page 2 7. Resolution No. 3600 (File No. 2050) recorded June 12, 1996, as Document No. 6588543 in the Office of the Hennepin County Recorder; 8. Attested copy of Resolution No. 3711 (File No. 2115) recorded June 10, 1996, as Document No. 2711564 in the Office of the Hennepin County Registrar of Titles; 9. Attested copy of Resolution No. 3713 (File No. 2120) recorded June 10, 1996, as Document No. 2711665 in the Office of the Hennepin County Registrar of Titles; 10. Attested copy of Resolution No. 3686 (File No. 2110) recorded June 10, 1996, as Document No. 2711571 in the Office of the Hennepin County Registrar of Titles; 11. Attested copy of Resolution No. 3561 (File No. 2013) recorded June 10, 1996, as Document No. 2711570 in the Office of the Henenpin County Registrar of Titles; and 12. Resolution No. 3654 (File No. 2082) recorded June 14, 1996, as Document No. 6589384 in the Office of the Hennepin County Recorder. At this time, I am also returning the recorded Flowage and Conservation Easement Agreement and Waiver of Damages executed by Richard Stark and Jane Stark in favor of the City of Orono, which Easement was recorded June 14, 1996, as Document No. 6589385, in the Office of the Hennepin County Recorder. Upon your receipt of the enclosed recorded documents, please do not hesitate to contact me if you have any questions. Very truly yours, Nancy L. Chadwick Legal Assistant NLC:pk Enclosures cc: Thomas J. Barrett, Esq. .r • RESOLUTION # R - 0 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of in the resolution Mi of the Cits they Council of the City of Orono with the original record of such resolution proceedings of said City Council at a meeting ofatsaidthe same is ao rncil andeldrr on September 11 19 , copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 12th , day of September , 19 95 • or y M. 461 1, City Clerk (SEAL) ,.... �:, cr, �.�, .-- ,_. 0 M (�w1 I.�1 0 rA !.1 ti.1 V cr. -11 rl c /_n Ico A rn co , 5 ril C7) ,... 4:* >^' ci to REQUEST FOR COUNCIL ACTION DATE: September 5, 1995 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Asst. Planning & Zoning Administrator Item Description: #2050 William Toles, 3165 North Shore Drive - Variance - Resolution Zoning District: LR-1B, 1 acre Single Family Lakeshore Residential Application: Request for hardcover and average la eshore setback variances to construct a swimming pool on the lake side of the existing resid nce. List of Exhibits A - Resolution B - Notice of Planning Commission Action 8/22/95 -C Planning Commission Minutes 8/21/95- te-Are Le: D - Memo and Exhibits of 8/15/95 Discussion Please review the memo and exhibits of August 1.5th. Briefly, applicant recently purchased this property and would like to construct a swimming pool. That pool will be approximately 115' from the shoreline, and there is no hardcover between the proposed pool and the shoreline. Hardcover on the property is divided between the 75-250' and 250-500' zones, 9,095 s.f. (33.1%) in the 75-250', proposed to reduce to 8,958 or 32.6%. In the 250-500' zone, hardcover is proposed to remain at the existing 4,385 s.f. or 20.4%. The property was the subject of a variance approval in 1988 which used slightly different hardcover calculation methods. After much review,i staff concluded that the previous owner probably removed a circular driveway after the 1988I, approval rather than removing fabric or plastic from the rockbeds. The current overall lot hardcover square footages matches what was approved in 1988. The current proposal reduces that by approximately 137 s.f. Planning Commission reviewed the issue of structural versus non-structural hardcover, noting that the pool while being essentially at grade, is considered structure under the City's "lot coverage by structures" ordinance which was adopted to address visual impact of structures. An average setback variance is also required. However, due to the elevation or location of the two neighboring residences, the pool will not have any impact on neighboring views of the lake. Request for Council Action continued page 2 of 2 September 5, 1995 Zoning File #2050 Planning Commission Recommendation Planning Commission reviewed the application at their August 21st meeting and on a vote of 6-0 recommended approval of the average setback variance and approval of the hardcover variance subject to: 1. Removal of plastic/fabric liner from landscape beds (1,390 s.f.) as proposed. 2. Removal of at least 400 s.f. of the concrete/wood patio area at the southeast side of the house (Planning Commission requested applicant work with staff to maximize removal in this area). 3. Final hardcover therefore is not to exceed 8,958 s.f. in the 75-250' zone or 4,385 s.f. in the 250-500' zone. Planning Commission noted that the odd shaped lot, no visual impact on neighbors, a large non- hardcover area between the house and the lake, and the compensatory removals that result in a slight decrease from the approved 1988 hardcover variance, justify granting of the variances. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. Options for Action 1. Approval per attached resolution. 2. Approval with additional revised conditions. 3. Conceptual denial. 4. Other. COUNCIL ACTION REQUESTED: Adoption of attached resolution granting the proposed variances with conditions. ch � (', A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2050 WHEREAS, William Toles (hereinafter "the applicant") is owner of the property located at 3165 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to permit the construction of a swimming pool which results in hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone, and a variance to Section 10.22, Subdivision 1 to allow such swimming pool to encroach past the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2050. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1995, and recommended approval of the proposed variances based upon the following findings: Page 1 of 7 A. The average setback line is defined by the house to the northeast which is significantly closer to the shoreline than applicant's house, and by the residence to the southwest which is significantly higher in the topography and is screened by existing vegetation from a view of the proposed pool. The proposed pool's 15' encroachment past the average setback line will have no impact on either neighbor's view of the lake because the pool is low in elevation and neighboring properties are either closer to the lake or much higher. B. There is no existing hardcover in the 0-75' setback zone and none is proposed. As a result of the proposed pool, hardcover in the 75-250' setback zone will increase by 1,653 s.f. However, applicant proposes removal of 1,390 s.f. of hardcover comprised of plastic or fabric lined landscape beds, and further proposes a 400 s.f. hardcover reduction by removing portions of an existing wood and concrete patio at the southeast corner of the house. The result is a net hardcover reduction of approximately 137 s.f. in the 75-250' zone. Hardcover in the 250-500' zone is proposed to remain at the existing 4,385 s.f. or 20.4%. C. Overall hardcover on the property is at the square footage approved for this property in a prior variance approval in 1988. The net decrease in the 75-250' zone from 9,095 s.f. (33.1%) to 8,958 s.f. (32.6%) is a positive improvement. Additional reductions in the concrete and wood patio area may be feasible to result in an even greater reduction in hardcover. D. The property will have no hardcover within 115' of the lake, which is in keeping with the City's environmental policies. 4. The City Council has considered this application including the findings and recommendations of the Planning Co ission, reports by City staff, comments by the applicant and the effect of the p posed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that Page 2 of 7 granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a swimming pool resulting in hardcover excesses in the 75-250' setback zone, and grants a variance to Section 10.22, Subdivision 1 to allow a 15' encroachment of the average lakeshore setback by said pool where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover on the property shall be limited to 0% (0 s.f.) in the 0-75' zone; 8,958 s.f. (32.6%) in the 75-250' zone; and 4,385 s.f. (20.4%) in the 250-500' zone per the diagram and hardcover listing attached as Exhibit B. Prior to the initial inspection for the pool, applicant shall remove the plastic or fabric liner from all landscape beds (1,390 s.f.) and shall remove and convert to non-hardcover at least 400 s.f. of the concrete and wood patio area at the southeast side of the house. Further, applicant shall work with the City staff to maximize removal in the area of the concrete and wood patio in excess of the 400 s.f. if possible. Applicant is further advised that future additions of hardcover on the property will likely not be approved, but might be approved only in conjunction with the concurrent removal of existing hardcover, resulting in no net hardcover increase or a hardcover decrease. Further, applicant is advised that future replacement of plastic or fabric liners in landscape beds on the property shall be considered a violation of this approval resolution. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be'i exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 11, 1906). Page 3 of 7 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of September, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of September, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation an. said instrument was executed on behalf of the City. Notary Public Page 4 of 7 CITY OF ORONO ZO G FILE #2050 P.O. Box 66 NO ICE OF PLANNING COMMISSION Crystal Bay, MN 55323 AC ION 473-7357 DATE OF NOTICE: 8/22/95 TO: William Toles COPIES TO: 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 8/21/95 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Approval of average setback variance. 2. Approval of hardcover variance subject to: - Removal of plastic/fabric liner from landscape beds (1,390 s.f.) as proposed. - Removal of at least 400 s.f. of concrete/wood patio area at southeast side of house (work with staff to maximize removal in this area). - Final hardcover not to exceed 8,958 s.f. in 75-250' zone and 4,385 s.f. in 250-500' zone. 3. Hardships/justifications include odd-shaped lot, large non-hardcover area between house and lake, compensatory removals result in slight decrease from 1988 approved hardcover square footage. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1995, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch /// To: Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: August 15, 1995 Subject: #2050 William Toles, 3165 North Shore Drive - Variance - Public Hearing Zoning District: LR-1B, One Acre Single Family Lakeshore Residential Application: Request for hardcover and average lakeshore setback, variances to construct a swimming pool on the lake side of the existing residence. Pertinent Code Sections 1. Section 10.22, Subd. 2/Section 10.56, Subd. 16 (L): Hardcover limitations. 2. Section 10.22, Subd. 1: Average lakeshore setback. List of Exhibits A - Application B - Plat Map C - Property Owners' List D - Survey E - Hardcover Calculations Submitted by Applicant's Surveyor h - Resolution No. 2504 (September, 1988) G - 1988 "Existing" Survey H - 1988 Staff Hardcover Review I - 1988 Hardcover Document Excerpts J - Average Setback Sketch Summary Applicant purchased this property in July and is requesting a 15' average lakeshore PP setback variance and 75-250' hardcover variance to construct a pool lakeward of the existing residence. At its closest point, the pool and its decking will be 115' from the shoreline. Applicant proposes to remove a portion of an existing concrete and wood patio as well as significant amounts of currently existing rockbeds underlain by fabric or plastic. He proposes a net decrease in hardcover in the 75-250' zone from 33.1% down to 32.6% (by staff calculation, including shared easement for comparison purposes). Discussion This property was the subject of a similar hardcover variance in 1988 to allow construction of additional garage space at the north end of the house. That project was approved subject to removal of 400 s.f. of rock and plastic. Zoning File #2050 August 15, 1995 Page 2 Review of the current hardcover numbers and comparison with the 1988 numbers was difficult because two different surveyors did the calcu ations, each using slightly different base lot areas for each zone, and the current submitted num ers did not include hardcover or lot area within the easement along the north boundary (whic is consistent with current City policy). However, I have adjusted the numbers accordingly and can confirm the following: • There continues to be no hardcover in the 0-75' zone. • Hardcover in the 75-250' zone currently is above the 1988 allowed square footage by approximately 1,245 s.f. However, hardcover in the 250-500' zone is less than the 1988 approval by approximately 1,255 s.f., yielding a net overall decrease of 10 s.f. from that approved in 1988. • The 1995 proposal leaves no hardcover in the 0-75' zone, reduces current hardcover in the 75-250' zone approximately 137 s.f., from 33.1% to 32.6%; and proposes no changes in the 250-500' zone from the existing 20.4% hardcover. Comparing the old and new surveys, it appears that the former owners reduced the amount of blacktop taken up in driveway areas and perhaps added rock and plastic/fabric areas. abilityto accuratelycompare the old and new hardcover data is further limited due to the The p variable accuracyin measuringodd-shaped hard surfaces as well as counting the overhang in p ntin it in 1995 but countingthe rockbeds under it. Further, the 250' setback 1988 vs. not counting line is depicted in a different location between the old and new surveys, hence that is an additional confuser. To help clarify, I have included a comparison of the 1988 and 1995 "entire lot" hardcover (below). Ultimately, Planning Commission needs to consider the addition of the pool in the context of what exists today. Is removal of the areas of rock and plastic, as well as a portion of concrete patio, sufficient to allow granting of,hardcoyer variance for the pool? Average Setback The average setback line is defined by the house to the northeast which is significantly closer to the shoreline than the applicant's house, and the Morrie Wagener residence uphill to the west. It is staff's opinion that while technically there is an encroachment perhaps 15' lakeward of the average setback line, because the pool is low and neighboring properties are either closer to the lake or much higher, there is no impact on any neighbors' view of the lake. Hardcover Comparison, 1988/1995 The following hardcover tables reflect staff's best attempt at providing a fair comparison between what existed prior to 1988, what was approved in 1988, what exists in 1995, and what is proposed. III � Zoning File #2050 August 15, 1995 Page 3 Hardcover Comparison 1988/1995 0-75' 75-250' 250-500' Pre-19881 0 s.f. 0% 7,748 s.f. 29.2% 5,742 s.f. 24.5% 1988 Approved' 0 s.f. 0% 7,850 s.f. 29.5% 5,640 s.f. 24.1% Existing 19952 0 s.f. 0% 9,095 s.f. 33.1% 4,385 s.f. 20.4% Proposed 19952 0 s.f. 0% 8,958 s.f. 32.6% 4,385 s.f. 20.4% 1 Base areas used for percentage calculation, 1988: 0-75' 12,375 s.f. 75-250' 26,533 s.f. 250-500' 23,400 s.f. Total 62,308 s.f. 2 Base areas used for percentage calculation, 1995 (includes area and hardcover within shared driveway easement): 0-75' 12,164 s.f. 75-250' 27,454 s.f. 250-500' 21,468 s.f. Total 61,086 s.f. Hardcover as a percentage of entire lot: Pre-1988 13,490/62,308 = 2 .7 0 308 1 % 308 = 21.7% 13.49 62 1988 Approved , Existing 1995 13,480/61,086 = 22.1% 1995 13 343/61 Proposed ,086 = 21.8% `Structural' vs. `Non-Structural' Hardcover An additional hardcover issue is that of structural vs. non-structural hardcover. The Orono Zoning Code does not currently distinguish a difference between structural and non- structuralwritten down, although Council policies have not been formally Hardcoverg hardcover. has very recently directed staff to attempt to do so, in an attempt to formalize the long-standing policy of avoiding `trading' non-structural for structural hardcover. the Cityhas treated tennis courts and pools as accessory zoningstandpoint, From a P structures requiring a permit, but has not considered ground level driveways, sidewalks or structures", pools landscape beds as structures. Further, in the context of "lot coverage by including the pool basin and associated deck or patio 4reas, even when not enclosed by a fence, have been included in the calculation of lot coverage (Zoning Code Section 10.03, Subd. 14 C). Zoning File #2050 August 15, 1995 Page 4 Based on the above, the 20' x 35' pool plus the 6' patio around it is considered as structural hardcover, proposed to be offset by removals of non-structural hardcover (rockbeds with plastic or fabric and a concrete patio area not associated with the pool, which may or may not be considered structural hardcover). Structural Non-Structural Total 1995 Existing: 0-75' 0 s.f. 0 s.f. 0 s.f. 75-250' 4,350 s.f. 4,745 s.f. 9,095 s.f. 250-500' 315 s.f. 4,070 s.f. 4,385 s.f. 4,665 s.f. 8,815 s.f. 13,480 s.f. 1995 Proposed: 0-75' 0 s.f. 0 s.f. 0 s.f. 75-250' 6,003 s.f. 2,955 s.f. 8,958 s.f. 250-500' 315 s.f. 4,070 s.f. 4,385 s.f. 6,318 s.f. 7,025 s.f. 13,343 s.f. Issues for Consideration Lo7- CcU '- )0,3 '✓, • Do the proposed hardcover removals (1,390 s.f. of landscape areas and 400 s.f. of concrete and wood patio) compensate for the new hardcover associated with the pool? • Are there additional items of structural or non-structural hardcover in the 75-250' or 250-500' zones that could be removed? • Does the fact that there will be no hardcover ithin 115' of the lake suggest a unique justification for the variance? • Does the overall proposed hardcover of just under 22% for the entire property, compared to the DNR's standard of 25%, enter into the picture? Staff Recommendation Planning Commission should review the findings of the previous resolution as well as the applicant's hardship statement in the application form. Any motion to recommend approval hardcover issues, detailingyour address the average should setback variance as well as the findings of hardship and specifying any hardcover removals that should be required. 1sv U(/ E C TO c' f 1 °ti'--31-74. PA--r44)v s � rt3 32-.C 60. t.. s A-jC.. 4 d.n ..5 ° CITY OF ORONO - VARIANCE APPLICATION -== -'i s--i C(D '_ 1j Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 - ` {seF`" _ (no change from original application) _ - ___ Variance for non-conforming structures $200.00 = _ - : After-the-Fact Fees (Double application fee) _ __-_ _ "_ PROPERTY INFORMATION = Site Address 3/ S /�m, s ',--c 4^. __ Property Identification Number (P.I.D.) Attach legal description to application if not included on required survey. (month/year) Date Pro.- Acquired .Tc c.i y / s / q I (do) .• .ot also own the adjacent parcels of land. Present use of property: x residential other (specify) Zoning District: APPLICANT z Phone(home) /7/— e4.FF2, 2-- Name // // -0/ /e c Phone(work) /7,'--ig3©0 0 Address: W k_c No, SAvce .Qc. City: &&iJO Zip: 5-S3 9/ OWNER (if different than applicant) Phone(home) Name '/97fl 'e--- Phone (work) Address: City: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost$ Describe request in detail: f}de)/ 5&.-'- r''/,1Z f / 0,f97 (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width }c Hardcover Lot Coverage Setback: — Front — Side Rear X Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 6/wee i I ' u�// "e sek/AL -y' 41. iv`-ee/12 ' -i - -- r e/fridli il4 , `Do -, (attach additional sheets i necessary) (/ G'¢I e — 7 ,1 ,,..,) [ iii... .4 go -6 0 CITY OF ORONO - VARIANCE APPLICATION n, ,,, rr \ ,,,,,,,, , :,; Initial Application Fee $200.00 a r •:-,. ($50.00 per each additional variance) , ,. Renewal Variance Fee $100.00 if01'- (no change from original application) t:I . "Atf Variance for non-conforming structures $200.00 ,- r 'IN: After-the-Fact Fees (Double application fee) _ ;u '-'' ii S�• U (WEEK. r VV PROPERTY INFORMATION .!i ."„';` _ : ,4ty:j_._ray Site Address .3/ 5 /O. 5-4 ,-<. / a'. .. ..PI;C., Property Identification Number (P.I.D.) Attach legal description to application if not inclu•-d on required survey. Date Pro.- Acquired T Z.I y / 5! 9 9S (month/year) I (do) i . lot also own the adjacent parcels of la d. Present use of property: )( residential oth;r (specify) Zoning District: APPLICANT Phone(home) VW— 89Z L Name , ,//;(t11 ?Wes Phone(work) f 7, ,-S© '0 Address: gibs" // . S%ce .j/. City: cOiv0 Zip: 5'5-3 9/ OWNER (if different than applicant) Phone(home) Name �/m -e-- Phone (work) Address: City: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost$ Describe request in detail: (attach additional sheets f necessary) i VARIANCES REQUIRED Lot Area Lot Width x Hardcover Lot Coverage Setback: — Front Side _ Rear X. Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PRO?ERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: /`�.A9 61 i 7.4/.'419- O 7 ,!/ft/bGe®de - /19/.eiza - - 14 .p.� e-vV// /'vim ii-a -,ir/ -��C_ i 11f�.� evt,, -- 1 /`-ce/lam G - �i/`e ae— /`+e/1Z.�-i.?/ 6p e c / - t 4e- �2 (attach additional sheets If necessary) v - IAC- I j e-_ 7 REQUIRED SUBMITTALS 1 All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. X Completed Application Form 2. x Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. x Plat Map (obtained with property owners list). 4. x Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8' " x 11" for reproduction. ,..i.' ,9-Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 81/2" x 11" for reproduction. 6. Sketches or plans of floor & elevation views (provide one (1) copy 81" x 11"). 7. x List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signatur �/ Date .J^2-c-/y Z8 /775' OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature ' ,e Date r/w/y L / 995" Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 r C....)I • I 1B i T ♦`/ , • r? ' r r • C h .40. ,R' r1 i�% ......... .. .� o -- -- - - -- - - -- czt }o N + 1 if \ P.. • %•• • ♦ • 4. ef.:3). fr ' 1. &._t: \\\ m 43 !is. i �/°D.. CP < _ i ‘ litt\\ CC‘ .** h ' , NO c..\. **).NIsr,.4.25•..... .94.;c'e44:3--5F:4.4— ,,,• • , 5 44; cr• co r 1 co \ 9' o', ' 3„,, -„c.,..: 44 %I'V l'1 s * zzl s oz� v $ ciZto •1 ro"sSz 5.91. . • ..".-- % .% .... -c-n-• ,/, % Ja' n '/ £0 62I .-. a+ 0� SS • s `b \�• Q 1 �i q z �3 S ~- 1 �" s z v in . kr, ,#, ...............61 '-• % IF.4-., .gZ '" s.'. " ' 77,___-----.'" t • .. . i 8 7 0 1 ' / % .. O.-• .t‘i _ — .c . MI — • , ' • . p Midv+ fc oc9 08 - INIbd • u = \`‘ .iE .D sc.� � o• ,e dg 93 �¢1�. rn 4. 532I CS •0381 • 1 Property Owners List for Application #2050 09-117-23 32 0018 09-117-23 33 0013 09-117-23 33 0001 ±:-.1) Sven Washberg James & Martha Swendenborg Ronald Lauer 3135 North Shore Drive 3145 North Shore Drive 3155 North Shore Drive Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 09-117-23 33 0002 09-117-23 33 0009 09-117-23 33 0016 William Toles Michael & Catherine Russin Thomas & Susan Enlow 3165 North Shore Drive 3175 North Shore Drive 3185 North Shore Drive Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 09-117-23 33 0015 09-117-23 33 0003 09-117-23 33 0004 John Lindahi Maurice Wagener Chloe Held Moran 1406 Bohns Point Road 1420 Bohns Point Road 1480 Bohns Point Road Wayzata, MN 55391 Wayzata, MN 55391 Wayzata, MN 55391 1 , ... ;-,7- --, --- ' 2 . E- I 7—.4-- HARDCOVFA-CALC VI.A lt_")N viet.)Iii,..h,,)tit 1_, , . f.. 7...1,:q., ;CIRCLE ONF) (F(777g4.) 75-2S0 25 w .1.,,M.4II4G 11-A_TZ.,,„_nr`r4VER Di i ZON_F 4 A. Hot.i.t- ,..— i Length Nvii- .t. -... •... . — --- --- - r... 4 r 1 4 0 Side 11- P Pailort) ck . ... ti F Landscape Underlain By Plastic ...Or Fabric k.., other gs TOTAL HARDCOVER IN ZONE . 0 TOTAL PROPERTY AREA IN ZON/F __ S F A 0 + _ ........ _ r_R_QPOSED HARDCOVERIV ZONP- . A fl,-t..,r- .., i _ _ _ 1.411101 x, ,.--, _ --' - ‘ . .— _— _ __ - - , • 2.. „. i .,, Drivcwnv . ,,..., --, - - - I..) Stuewai., t. -. - . .1. .., ' r ... E Parmil)rr - X. ..... A .. t:. L.Jn.1 -- ,e. A at S F _ _ _ z Underlain a is S F , By Plastic . x 4111 S F ------_. t Or Fabric 1,,, ,,,..f.e, A__, TO;AL HARDCOVER IN ZONE , S.F. A — TO1AL PRC`PERTY AREA IN ZONP. . A _ .. B x ino in __.......— ...._ __ 3: ___ ng.:..'I ',...'lficiF 11:.! 74 4744-,..-, C:CIFF Tr! ,c', -P1HP,FP'1-1 _ Po.,3E ri.:1 _. ._. , L--' 2---- ---- ., HARDCOVER CALCUL• " . v iiittsLS.iik,E1 /' • • SETBACK ZONE: (CIRCLE ONE) 0-7$' 5-250' 25-500 500.1000' 1 EXISTPIGlitgaCS2-nd in ZQ ti A. House x ,-.....,1 Width ?SO S F 1 15r0 Ai F '''Ad A4 cie- Lznith yr.c-Adc 4"I k T./frier. '"6-6 f ---- B. Garage x x _ . -.. - --- i: ,... an ... . 4Z5 . S.F. . /0 0 S.F. . S.F. s; • C. Driveway -x - OW_L—P---CASEM -14 '.1-- ----= 15.-- - - D. Sidewalk . ,. • . . E. Patio/Deck 7 9,9 PI 5.,d X Xx . . .. ........... ... ,_ . . —7 -...............- , sr .. .... ' am 12 95C , ) - Sf;.FF. S F // S.F. i 3 oo S F. Underlain — x x (T. x 2.0‘44 OA) PLAST/C, ,„ ./f_.7 SF F. Landscape - /..??0 S.F. S,F. i!. By Plastic x S-Toi,i c 'COOL 0/141.LS As 7,3 S.F. It Or Fabric G. other fric,A.,//Lir 'Waif f x _-- ..• 4 4 S.F - - „ ...._. ,,.,....... _, „,,„.. ... ,. .. .. ....r, .-,. . „TOTAL HARDCOVER IN ZONE ,.._ —. 1945 SE A TOTAL PROPERTY AREA IN ZONE 2 7,4541.-3198 efe'll% 1 A 4.- B x 100 wa t ' ER,Qrstsik_HARDcosr-ss_azga ,A.. House x — — -____ s.F. ., _ _ Length Width ‘ ......m. X . , Ili SF: m S.I ' • I x .... ------ S.F ; .....-____ ___—. - R. Garage x F — C. Driveway x. , x . S.F. — --- ------- __.. .. ............ .. i. D. Sidewalk x ..- S.F. E. Patio/Deck /40406/60 F004..0496-1 32..,v 9.7 4- /if if 5 S.F. / so il cok,Aderrar,..., FU /Ara x 9. si, 2 I N. # S F AC/vat/it! ., F. Land S F scape -xT—"--:---;------b" ""' —'-- - Underlain x S.F By Plastic - - a F Or Fabric x ............17.. ...a. .4 S • 4 - o ..! O. Other CO Ai c i .14 r i 0 ---1-..-----11r-4..-... -gl_ __ TOTAL HARDCOVER R4.Z-ONE • 11•4••••••• ••••••..p. . . TOTAL. PROPET.TY AREA IN ZONE S.F A X.P0 tt 4. B 2e,ZEIL.' _, x too - 3 -;:-.1-- ---- .74 .i, . , .. . . . 17P i IF:' qzr, ; :::.• -..; ,1,-----4,_17.7-7 :ThTIFF T': '' :-;PI--It:PFP'71 (-:1F - . , Lt. A Nt HARDCOVER CALCULAI JUN Vv URI*. - 1 ' ' SETBACK ZONE: (CIRCLE ONE) 0-7.9 75-250' 25-500 500-1000' EXISTLN CI Timwcovla w......z.um A. House ;II Length wow 77101.0*A ra C E x - . _ 5 S.F. tee 0'eit e-esd i i• x . 5 S.F. . .e a rk 4d - _ te/jr __ S.F. , ,e,o. ,,,e- (.4...9*i L 0115 B. Garage 2 2.3 x /4• 2. - 3/5 S.F.- C. Dnveway /4Q a # Z10 x _ D. Sidewa.lk x 15 S F ._ x - S 12 ................=.. E. Patio/Deck x 81 . ... . S.F. li , s r . F. Landsc . ape ,e,' ,../eci -x ad Zr_0 SF Underlain x -, S )'• !4.4 By Plastic ..,t S.f Or Fabric • 4 ' G Other D-- buktf //Li as0A4Pur ._ 61) .7 qo .. ,_._ . S F •1 TOTAL HARDCOVER IN ZONE - 4 445 S f:, A, 4 TOTAL PROPERTY AREA IN ZONE 2/,4 iSP — 4,1 SI /s-fermi .1- j 7,, ;•/,0 S F. A 21_15_ ,...i. ' 4, B . ?7i; I/C) _ x 100 - -14.29 ar. pRQPQaf) H_ARDCOVER IN ZONA A. House x st Length Wtds.S. , x No 1 mIner i- t. B. Garage x . . _ _ .. . .. t C. Driveway x _ ow S I-. • S F D. Sidewalk x — S f. -- x ., s i- ----- E. Patio/Deck x - s.i. — x •• F. Landscape , x . S I-• st Underlain — x mi s.F. By Plastic x •• S.F. ,f .....--... c Or Fabric - 1 G. Other , , , . •, TOTAL HARDCOVER IN ZONE - S.F. A TOTAL PROPERTY AREA IN ZONE • _ S.F. B A 4' B — X 100 ul % .. . . „ .., 'i . 14 ' • City of ORONO - CITYRESOLUTION OF THE CITY COUNCIL NO. 2504 ORONCV A RESOLUTION GRANTING A VARIANCE TO MONICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1312 William J. Lauer (hereinafter "the applicant") is the WHEREAS,owner of the property located at 3165 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A, attached (hereinafter "the property") ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22 , Subdivision 2 to permit the construction of an addition to the existing residence resulting in an increase of 502 s.f. or 1.89% of new structural hardcover within the 75- 250' setback area where 7,748 s.f. or 29.9% of hardcover improvements exist already and where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1312. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring a minimum of one acre or 43,560 s.f. The subject property consists of 1.43 acres or 62,308 s.f. 3. The Orono Planning Commission reviewed this application on August 15, 1988 and recommended approval of the proposed variance as amended based upon the following findings: A) There is no hardcover within the 0-75' setback area. B) The existing house is located 175' from the defined lakeshore at the 929.4 elevation. C) There are no excesses in hardcover within the 250-500' setback area. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 4 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2504 1,ORQN. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a major addition to the existing residence resulting in an increase of 502 s.f. or 1.89% of new structural hardcover within the 75-250' setback area where 7,748 s.f. or 29.2% already exists and only 25% is allowed, subject to the following conditions : 1. Prior to the issuance of a building permit by the City of Orono, the following hardcover removals must be completed per the revised survey by Bruce W. Grivna of Egan, Field & Nowak, Inc. , Surveyors dated revised September 1, 1988 : A) Within the 75-250' setback area: 400 s.f. of rock and plastic landscaping located to the southwest corner of the existing residence. B) Within the 250-500 ' setback area: 120 s.f. of a steel shed. 2. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 28 , 1989 ). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 ( 7 .� City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2504 ORONQ Adopted by the Orono City Council on this 28th day of September, 1988 . ATT T: r thy M. allin, Cit Clerk ._ Jame R. Grabek, Ma or 46 - Property Owner s ) Page 3 of 4 • Attachment A • Resolution # 2504 • • • That part of Government Lot I, Section 9, Township 117, North, ' Range 23 west of the 5th Principal Meridan described as commencing at a point in the west line of said Government Lot distant 1160. 8 feet North from the Southwest corner of said Government Lot; thence East parallel with the South line of said Government Lot a distance of 442. 93 feet, passing through a Judicial Landmark set pursuant to Torrens Case No. 11475; thence South parallel with the west linelof said Government Lot a dis - tance of 102. 5 feet; thence East parallel with the South line of said Government Lot a distance of 211. 0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last descri bed line to a point distant 442. 93 feet East of the West line of said Government Lot and 958. 3 feet North of the South line of said Government Lot; thence North a distance of 102. 5 feet to the North line of the South 1160. 8 feet of Government Lot; thence West on the North line of the South 1160. 8 feet of said Government Lot a distance of 197. 93 feet ( or to a point 245. 0 feet East of the West line of said Government Lot ); thence South parallel with the West line of said Government Lot a distance of 175 feet; thence Southeasterly, deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence • Northeasterly along the shore of said Lake a distance of 180 feet, more -. or less,, to the point of beginning. 4 b „ A City of ORONO RESOLUTION OF THE CITY COUNCIL OF NO. , 2504 ORCINCk STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 5th day of October , 1988 before me a Notary Public within and for said county, personally appeared William J. & Clare M. Lauer , husband & wife known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their). free act and deed. e244,A0.— " 71/a-af--- NOTAR Y PUBLIC " TNERESA L. NAAR •a % . ' NSVMY Pt UO•MINNESOTA \..• HENNEPIN COUNTY Mg sosiadosica stores 9-8-92 9/8/9 2 MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 o 4. nD 1 n tn 'A c IZO N -,. U W I W. Line parallel oi' the West Line of Gov'f Lot i Sec. 9 ni -5.0° 01'00" o W , 175.0 �; , . 4-1 IRON •- _ ^ ^ : 7.5± /% 41 Ili 0,70' Wood fie wall o .,\ ' %i o " 0 r �/ �` r g•go r �AAM�E RI I y c ra G ,�, t:� I • 10 �i m _..�. a VI.zO ,e 4 44 o I �"1. (1► \\Ikk I fr o z a rn w p 0 ,.,,r1,,,,,,•,,,,‘„4,,,,%,..,,,,„',eo„r,_:,:tllr'''Q'%,,s,&,*w9%',:''-',1;,,,,A.,*1:Ns*?;', . . .1 tki 1 . ,,, ' $'h CO ;1. ° 1 "13• .", if o ii, 1 C .rt4.,4 ' - t /''' ',b " ' 0 `? :- g. 13". ;'4'114 - '--- ft,: ts.''...=. ',., , . ,, '. i Co c, Iv o tf V !! �ru'� �,t ky�Ye� a � ' #"ark + e F� r . '11 II es JN I/ ;. n,✓ .O / , .�. C.7 gbht/treNta.„ ,,,:,. ..,,.....; :,..:...1""'"4-4,,,'• -1,..j4 4 ak4 r.�v. !► 4"(i I I ���. It,t` 4o 0 •4, b t 4* % '4 1 l_ , 4 r Q�A rs�.. 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SA f+ r •, ,, I '---``- C -25-1-.� v� IR � � hang ` ,. � � `i,1 (n �1 ti� o v 16.78 q5 T p " - c / .81 I ' 1 ii [ �0�a i 1, 3s o ! yc '�' , -Judr'c;al Landmark ) M 1 , iv /g 6 y ICI x I. �i '� ,�? j \ �I I- di P !I r"H,�` 01 i �' 1' \ \ , L_ II t• -STORY BRICK AND �" ,p ; ' ' ; ( i � ai 1"1 1l ,�; FRAME BUILDING ',�1%% rg a t ....,\:., ' 1 ; 1 .� �� • 19.00 52.52 1 , � :411 ,+ r4 I \ r t ewer ser / / / ,1<, / 1 /1 1 r, 1 ot\ g'� ,y\. r A.-5an; ary s �l i! •- i < I . Sarri N �' . \ r g' P. V.C. t; 11 �, ` �S/ } I II "l 1 ro X 1 ,� it r ' w t , Fence' I� f �� Roof overharry Lt. .--j _, x j� N {►, - ram' R r ��� '$" 1� Row of Ever reens x�'�o___`�� Curbing- fj 9 \ \ d , 10Z50 - - � � Z —'�'\�eoo � \ Off I � � , I; i �,.I 1 N o° a l'op'�E, ' ti - c., 0.8�� rx • ' `.1 I�`-Line �Paratlei ► ,th the, West °1k. -- Is m j va :a, u,-�1ine of Gov'f [Lot 1, Se'c, 9 -o o_ �\c, III S.to 1 I I 0 two 4 1 U ro \`•N 1 II t Ntz, ?� 1 •• ..- S r-�. - r 1 Z • i *Ns. j \ N \ 3 0 1 N i DD �� ro if ` l' ro o N VI U1 �,� 1 , * Z � Z ti ii I• :1<x \ (I,i''4"3 i 03(D -1- '-- '\- 4 1 - 03 ' +. F ‘, 0 / 1 -; r� ,`� V) a 1( ))1 / L 0 0 T .. N `'ter \� � �'Y- (x� �i I> F-I � f� , X ll41 \ ? \\.N:''. • v.`1?. 6 -.\_-\_ vo,---,cp N �-•� F02 N o. al r`_ , �c w x u).,1 o N 0 I- \ d f -� -, a \ tD Tl ( \J C c° n n `�/ I to r 0 6 \ c 7> q j 2, , �O,y 1 O ) 4 16 1" N S1/ ��. D tp W ' 1 O to — I * d ` �mi• P to ~p (`) 4.- i' w - _32 � io / _ (1C ti N ' , �� copro \ ; C, Q wort' w c err 't'DCOVF.R G+�t,C(7LATION MAeY `�. Existing Fi al 1,"'—nhore Existing tardcover Proposed Hardcover Allowed Se- ick Lot Area Hardcover Percentage Hardcover Percentage Hardcover In Zone (D/A)x100 Percentage ;,e--. In Zone In Zone (B/A)x100 sf sf s 0 rf (.2 if, 0 75 -:50' ';t,- :,7 sf 77 t'S sf v�,% % `�' ✓ sf _ f �� % 25 ' v. ' 30 -+' `i S t' sf 'Z' u % 27 4*(10 sf i of 25C-500' •. ..' 35 '' 50^--1000' sf sf a sf HA'DCOVER LIMITATIONS HARDCOVER INCLUDES: - Structures with roofs �0,-- ,,R• �P�-t - Decks, even if slatted tut p"` e/, - Sidewalks rrt �.;, , �',P�0-`p — Driveways (paved or grrvel) ' � - Decorative landscaping areas underlain by 4plastic sheeting �,- - Tops of retaining walls, rock walls �•- °lam - Any other surface that does not allow dirk- .�o ru absorption of rainfall into the ground z,iG• -'- �� =Yj \00 _...._-----"-.'C I �r ROACH r. OTREP LA.tESRORE REGULATIONS • 'LR-18', 'LR-1C' AND 'LR�-1C-1• 'D'"�" SSC. 10.22, RZGUT.ATIONS FOR "LR-l7�►', 'LR-lA-1 • r7+,-tLT LAXESNORE RESIDENTIAL DISTRICT. Within any 'LR-lA", LR-1A-1', 'I-R-1B", 'LR-1C", cr --1C-1' One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back f rlm the shorel cated clog zi e tc'r, lakeshore lots shall be at least 75 feet and no building may be shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulation*. Within 755rfeet oanent structtrereline s. shall be no excavating, filling, hard cover, temporary Within 75 to 250 feet of the shoreline there shell be no greater than 251 hard covn, within 250 to 500 feet of the of the shoreline there shall be nohoreline there shall be no er than 30t great r thane "" cover. Within S+30 to 1,000 • `-ard cover. > -. .',- w,e, r,ra2 Regulations. No t ees within 75 feet of the shore; 6c3 ling File f1312 q litional Comments and Planning Commissio Recommendation 4 tJtember 22, 1988 . qe 3 of 3 - 'litional Exhibit Exhibit I - Amended Survey The Planning Commission advised the applicant that the application would not be presented for Council acti .n until a revised survey was submitted showing all improvements on the .roperty. The revised survey was submitted to the City showing all improve ents. In addition, the existing hi-dcover to be removed has also been desi. nated on the survey. The Planning Commission accepted:Op onB, noted above in the staff recommendation, calling for a removal of ;' .8%' of hardcover within the 7 5- 500 ' setback areas. The amended hardcovertacts 'are as follows: 75-250 ' Setback Area = 26 , 533 s.i. Allowed Hardcover = 6 , 633 s.f. or 25% Existing Hardcover = 7, 748 s. f. o, 29. 2% Original Proposed Hardcover = 8, 2.0 s.f. or 31% Amended Proposed Hardcover = 7 ,85 s.f. or 29. 5% Total Reduction = 400 s.f. or 1 . 5: 250-500 ' Setback Area = 23, 400 s.f. Allowed Hardcover = 7, 020 s.f. or 30% Existing Hardcover = 5 , 742 s.f. or 24. 5% Amended Proposed Hardcover = 5,640 s.f. or 24 .1% Total Reduction = 120 s. f. or . 4% Total Reduction Within the 75-500 ' Setback Areas = 400 s.f. or 1 . 5% 120 s.f. or . 4 Total 1. 9 Required y Planning Commisssion 1.89% The enclosed resolution has been draf ed per the Planning Commission recommendation that would allow the proposed improvements subject to the applicant removing 1.89% of existing hardcover within the 75-500' setback arr'as. A • • Cb #1 a . v: 1 .2 . 1 wr • I lb ~ ► t A b x'Nqm 0 A .cab. b . A MH :1 to to 3 . ....1w' .1 " N n i �° 0 �� M M N If x x x N N N N N N N N N M N N N A C.) r M r• I V. j N [,..) I lif ifs' • 1 ( C M M b • ry Y p a t, N q to M q w M M ••N " q " " R �. • .. oo '� N A V V Rf• .... p n n w A O �•, 4 n ~ I `' O. .. N • .Nr •p I V " r p «. «. i' 111 •60 y .. y i I 4 p • �� 7 p p % IN v 1 ' .^ •D x x x N •N �! m N M N N x '» ll M qy. b b� v1 0 '� M y� ', s S , x I w u �yl p ... .. I rJ I i 1 ti • a 7S' G " x 1 x M M b H W Q N 0 •• '! • y7. x n o. • o N • • y 4,• , Y M q M M .., r N w • Of • ^ * . •••• • • At p N O°0I r.?.; n n y 175.00 r ! u.r vi ' . _ a ;* ` d', •Vr ➢ `� ; .] f." A n ill, -1''r.iyyi 1 A IT■, }a i �y Z• i } 4 ti; sl,tam a p t +t i , .4. ''',,,...-.4,1,". . 1'' 1l!1 (° I Ltd .L�.,.' N- c 1 Ate\ ��^ .'� 4 3 _i' �. - .•.. i ■ x Nei 1 ��� di V Nr • • W Ji p Si. \\ \ iy 11 . • �., 1^7 S�•. .. "? ri, e _ i er vP•a g :t >4 K = t. , o, • (',r\ Y\ • ' r e.,J �` ...... .- p 4"C Y' t y; ; V °G_T4�,_{` f .'M +r;y ,. / °rr r/gip a0 ° £ >.- p v 2 \ '77� 1,1 20 .p o \) i •3, IIl ° 00 0 F ` i ,,,:; 411*411%44%:14141/4\ ! k .-' ''.. 'i' if k 0.! ,--• :*'''''''.: .i .... ., a • • r13�' ��\� ^ ' So°OS's0"E 102.03n ens. IO2 SOde•c b.d � • ,� _ : • r +. I �yi � •a+. ypS4 , At! 'y , em •.yN. „s r; • • pi v4. Ni — i c,( 1441\ \.r NI a \F6 \sy N. N \ C - N to h \\ �j�� sr 1 cL \ e IA F v\N. \ g 9 Ly \ o \ ",,p W Q. ' ' 934.9 937.5 X X 1 1 x 4A S . ., , . iii,- 931 .3 * - r X . lfX 954.2 `� i //iir .fir • ° 947.2 ,t -10.0' 1 X X /S• •/p �I'r J it dl 00 At.i.j. .--9.;:0 W ii....„ 0 --- ----„, ,_ __ 936.4 .. 964 8 L (p964.2 (kW0 pa \,1#40- 0 , 933. 1 o � y X _ 958.8 934.8 :,_/ 1 X ,, .i.r 1 A 967. q � / \ i 34.7 a fikce Kew.. Q •76.7 xi j licl : , o 68.2 0 970. � i i /pi ,# Wafer 929.6 1 11 .y iP, 9T0.3 i I w —______ 1,...,, . .,, ,,‘ _.„ . ili, tt971 illi . ../ i ra e lb, „ F M d 96 .3 0 41/ MIND YES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1995 (#10 - #2049 Fred Guttormson& Chic Dwight - Continued) There were no public comments. Schroeder moved, Lindquist seconded, to approve replacement of the deck and screened porch in the existing footprint, not to exceed the footprint. Approval was recommended for the grade cut to allow a window or walkout door as proposed on the southeast side. No boulder walls would be allowed. Removal of the concrete slab on the east side, removal of the existing accessory structure to the so.ith, removal of the old access boat ramp and resodding of same, and removal of the dock at the shoreline to include the bench-deck area were recommended. Ayes 6, Nays 0. (#11) #2050 WILLIAM TOLES, 3165 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING - 9:48-10:12 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was present. Gaffron reported the application is for hardcover and average lakeshore setback variances to construct a pool on the lake side of the property, which was purchased by the applicant in July of 1995. The pool would create a 15' average lakeshore encroachment but would have no visual impact. A net decrease in the hardcover would result in the 75-250' zone from 33.1% to 32.6%. Gaffron compared the application to a 1988 variance approval, the hardcover square footage of which was allowed at that time, today, is now exceeded. There continues to be no hardcover in the 0-75' zone. The 75-250' zone was approved in 1988 for 29.5%, but exists at 33.1%, and is proposed at 32.6%. The 250 1500' zone was approved in 1988 for 24.1%, exists in 1995 at 20.4% and proposes no change. The two surveys from 1988 and 1995 each use a slightly different base lot area for each zone. What Gaffron thinks happened is the driveway portion was eliminated but rock beds that are in place were not looked at and the overhangs were listed separately. The 1988 circular driveway has been changed with not as much loop and the garage addition built. The applicant will take out the rock and plastic to be replaced with hard surface. The 1390 s.f of land in base area calculation change d 400 s.f of concrete patio would be in exchange for the pool. When the pool is built, here would be no hardcover within 115' of the lake. In looking at the hardcover as a per entage of the entire lot, there was 21.7% before, and as approved, in 1988, now existing at 22.1%, and proposed at 21.8%. 15 MINU I.ES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1995 (#11 - #2050 William Toles- Continued) The applicant said the property has huge spaces of green and assumed there was enough space to warrant a pool. He is willing to make any changes necessary without destroying the house to accomplish the pool. The applicant said the deck is not matching and is in stages of deterioration. He would like to make the deck congruent with the pool. It is within his plan to adjust the decking amount. The deck is needed to gain access to the house which is elevated but not necessary to sit on. Peterson said while the average lakeshore setback is generally a most sensitive issue, it is not an issue here. Because the pool is below grade, there is no visual impact. The hardcover itself is the issue of concern. Again, trading plastic for a swimming pool, is an issue. Mark Gronberg said the shape of the lot was unique. The property is large but a big portion is taken out of the 75-250' zone. He reitereated that all hardcover is back from the lake beyond 115' creating a good buffer. Schroeder asked the applicant what removals he had in mind for the deck. Toles said he would like to shorten the deck where the massive deck areas are located. He was told he would not need approval to do this. A question not dealt with was whether the 4' overhang with an area below it was considered hardcover. Although there is a net decrease in the hardcover, it is trading structure for non-structure. Peterson noted there are no accessory structures but the garage. There were no public comments. Smith asked for the Commission to see the decks plans to accomodate trading hardcover for hardcover. The applicant said he would be shrinking the size of the decking with or without approval for the pool. Peterson said with removal of plastic and some deck, it would not be a large isue. He also noted with all of the green space, there was good drainage on the property. Smith said she felt there was a problem with trading the pool for plastic under an overhang and questioned whether the plastic would be back in place within five years. The applicant said the house does not have a basement and the deck does help keep the rain away and would like to keep the deck by the house. The odd-shaped lot was again noted by Schroeder, who reiterated no structure or hardcover was located in the 0-75' zone. Peterson said he would recommend approval with the applicant working with Staff to reduce hardcover beyond the 400 s.f. reduction planned in the deck/patio area. 16 MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING HELD ON AUGUST 21, 1995 (#11 - #2050 William Toles - Continued) Lindquist moved, Schroeder seconded, to approve the request for hardcover and average lakeshore setback variances to construct a swimming pool on the lake side of the existing residence with maximum hardcover allowance of 32.6% with more reduction if possible. Ayes 6, Nays 0. (#12) #2054 TONY EIDEN COMPANY, 2700 COUNTRYSIDE DRIVE WEST- CONDITIONAL USE PERMIT- PUBLIC HEARING 10:12-10:17 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mark Gronberg represented the applicant. Mabusth reported the application is for a conditional use permit required for filling of approximately 500 cubic yards of fill for an undeveloped property within the Old Crystal Bay Road Addition. The fill would be an improvement on the drainage creating a gentler slope to the type 1 wetlands to the northwest. The drainage flows under Countryside but would have no impact on the approved drainage plan within the subdivision. The Engineer asked that erosion control be placed along the wetland prior to construction and a swale be constructed on the southeast side of the driveway to prevent drainage into the septic site areas. Gronberg said the grading was necessary for creating a nice drive to the house as it could not be raised any further. There were no public comments. Lindquist moved, Schroeder seconded, for approval per the Staff recommendations. Ayes 6, Nays 0. Mabusth said Eiden would bring the application before the next Council meeting. (#13) #2055 TONY EIDEN COMPANY, 2800 COUNTRYSIDE DRIVE WEST/2425 THOROUGHBRED LANE - VARIANCES - PUBLIC HEARING 10:17-10:28 P.M. The Certificate of Mailing and Affidavit of Publicatio were noted. The applicant's representative, Mr. Dillerud, was not resent. Peterson suggested tabling the application, but those resent in the audience asked to give their input at this time on the application. 17 MINUTES OF i'Hl REGULAR CiRONO CITY COUNCIL n�y'� c r T'.s.`..' 4T)T' » IAAC MEETING HELD O SEL 21R11,T1111L 1995 (#7 -#2048 James &Joann Jundt- Continued) It was noted that this is the sixth application by th applicants. Callahan moved, Kelley seconded, to approve Resolution #3599. Ayes 3,Nays 0. (#8) #2050 WILLIAM TOLES, 3165 NORTH SHORE DRIVE - VARIANCE - RESOLUTION #3600 The applicant was not present but was represented by the realtor for the property. Gaffron reported that the application is for hardcover and average lakeshore setback variances. The property was subject to a variance application in 1988. The current • hardcover calculations match that which were approved in 1988. The proposed,pool would be 115' from the shoreline. The average lakeshore setback is defined by the house to the northeast, and the house on the west, which is set back. Gaffron said there would be no impact on these neighboring homes. The hardcover calculations shows 33.1% existing in the 75-250' zone, where 25% is allowed, and is proposed at 32.6%. The reduction in hardcover will be acquired through the removal of 1390 s.f of landscape fabric and plastic and 400 s.f of concrete and wood patio. The pool was looked at as structure. The Planning Commission recommended approval of the application with reductions as noted in hardcover. The applicant was asked to reduce more hardcover if this was possible. Hun said she saw no problem with the average lakeshore setback but saw no hardship to add to the structural hardcover. Hun asked if there was anywhere to reduce the amount of hardcover. Gaffron said any further removal would affect the house or driveway. It was noted that this application was for a hardcover variance only, not a structural coverage variance. The structural coverage is at 11% with the proposed pool. Gaffron said the review of hardcover and structure was made due to the issue of non-structural versus structural hardcover issue with landscape beds and plastic underlayment. Hurr asked for clarification of the reduction of non-structural and decking by 400'. Gaffron said the reduction is from a patio 2' above grade. The 400 s.f in patio would be in exchange for the 1500 s.f pool. There is a net reduction in non-structural hardcover of 137 s.f_ with the removal of 1390 s.f of plastic and fabric. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING ITF:LD ON SEPTEMBER 11, 1995 (#8 -#2050 William Toles - Continued) The driveway area was discussed. It had been reduced from 1988. Part of the driveway - is on an easement and any removal would require approval by the neighbor. It was included in the calculations in order to compare the hardcover amounts with the calculations of 1988. If the amount were taken out, it would show a favorable impact, since 50% of its area is hardcover_ The other driveway is needed to gain access to the detached garage. Callahan said he was at the Planning Commission meeting where consideration was given to the problems and voted 6/0 in favor of the proposal. Hurr said she was concerned with the width of the driveway. Mark Gronberg commented that most of the driveway was in the next zone, the 75-250'. The 0-75' and 250-500' zones were well under the allowable. It was noted that the pool was set back 115' from the lake and would provide a buffer. Kelley moved, Callahan seconded, to adopt Resolution#3600. Ayes 3, Nays 0. (#9) #2051 MICHAEL HILBELLNKIJOHN VOGT, 2760 WATERTOWN ROAD - PRELIMEtiARY PLAT- RESOLUTION #3601 The applicants were present. Mabusth reported that the preliminary plat application was for a 4-lot plat of the former Rosch property located at Old Crystal Bay Road and Watertown Road in a rural residential zone requiring 2-acre minimum lots. All of the lots meet the 2-acre minimum as well as the width to the rear of the 50' street setback. Suitable soils have been found for the and alternate septic sites with a 6% or less slope for mound systems. ' lmncipal and There are type 1 wetlands within lots 3 and 4, very similar to the previous Carson application. Covenants will be required for protection of the wetlands and ask that if any alterations are made to the land, the permits would be received from federal agencies prior to making application to the City. The grading plan shows a retention pond. Drainage would be treated prior to entering the wetland by a retention pond located between lots 2 and 3. The drainage would travel along lots 3 and 4 to the wetlands, draining through a culvert into the type 1 wetland. Mabusth said the applicant has also granted trail easements extending to the north on the west side of the property along Old Crystal Bay Road. A 10' easement is located on the lower portion of the property and extending to 15'further north. The trail will be installed by the City. The Park Commission has asked that the area of trail be deducted from the 8% amount of land allowable for Park Dedication and the rest in cash in lieu of land. 6 CITY OF ORONO APPLICATION NO. 2050 P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 Date of Notice: 9/21/95 473-7357 TO: William Toles COPIES: 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 9/11/95 VOTE: 3 FOR 0 AGAINST COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than September 11, 1996. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch ffidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts CITY OF ORONO setback and hardcover variances within the Nhich are stated below: 2750 Kelley Parkway,P.O.Box 66 0-75'setback area to allow the reconstruction Crystal Bay,MN 55323 of a lakeside deck and new construction Phone(612)473-7357 Fax 473-0510 involving a lower level screened porch. These improvements also involve the q ) The newspaper has complied with all the NOTICE removal of approximately 7 cubic yards of rill under the existing deck that is located within requirements constituting qualifications as a The Planning Commission will hold public 75'of the lake. earings in the Council Chambers at 2780 8. #2050 William Toles of 3165 North qualified newspaper, as provided by Minnesota .elley Parkway on Monday,August 21,1995, Shore Drive seeks approval of an average ,e meeting commences at 7:00 p.m.,on the lakeshore setback and hardcover variances Statute 331 A.02, 331 A.07, and other applicable utter of reviewing the following land use within the 75-250' setback area to allow pplications: • construction of a grade level pool and patio aws, as amended. 1. #2039 Wally and Sharyl Carson have area to the lakeside of the residence. led a conditional use permit to allow the 9. #2054 Tony Eiden Company has stallation of a decorative pond at the applied for a conditional use permit to allow / p �4 y/ orthwest corner of the undeveloped lot filling of approximately 500 to 600 cubic B.) The printed A�!'� f (ui (181.6f0 ill!_li Baled at 3010 Somerset Lane involving the yards to fill to allow construction of a walkout moval of approximately 1,650 cubic yards on the property located at 2700 Countryside pf fill. Drive West. 2. #2042 Thomas Frank of 1233 Briar 10.#2055 Tony Eiden Company has filed street seeks approval of a lakeshore setback for variances that would allow entrance Ind average lakeshore setback variance for monuments to be installed at the properties which is attached was cut from the columns of said he installation of a deck at the lakeside of located at 2800 Countryside Drive West and he property. The property is located on the 2425 Thoroughbred Lane that would exceed news er, and w�s printed and published once shoreline of French Lake, a natural the allowed height of retaining walls within a environment lake requiring a 150'setback for street yard and a variance to the allowed each week for successive weeks: ill structures. area• for signage for a residential 3. #2044 George E.Olson,the owner of development. l775 Shadywood Road,seeks approval of 11.#2056 Michael and Barbara Wigley of pardcover variances within the 75-250' 1035 Tonkawa Road have applied for a; It was first published Monday, setback area for an addition to the lakeside of conditional use permit to allow the installation i he existing residence. of retaining walls within their lakeshore yard. I / 4. #2045 John Steinmetz of 1155 Brown 12. #2057 James Nystrom of 1745l load South seeks approval of street yard Concordia Street has applied for a lot width, the day of UA/��� 192i, setbacks for a 6'x13' addition and roofed side yard setback variance, hardcover )orch that will be constructed along the entire variance within the 75-250'setback zone and and s thereafter printed'and published every exterior of the residence. lakeshore setback and hardcover variance 5. #2046 Lakeview Golf located at 405 for a deck within the 0-75'setback area to Mond y, to and including Monday, 4orth Arm Drive has filed a conditional use allow construction of a new residence. 1 permit to allow construction of a 45'x100' 13. #2058 Ron Rantz/Autograts Inc.filed ;torage building and a variance that would for approval of a commercial site plan and allow a 4,500 s.f. oversized accessory rear setback variance for construction of a •tructtre where the code would only allow a two story office building to house the • 3,000 s.f. structure. The comprehensive corporate headquarters of Autographs Inc.at the day of 19 , application also includes a conditional sue . the property located,at 2525 Shadywood permit for landalterations involving Road. o :ubic yards of earth for the purposese of of All persons wishing to be heard willif7‘ /‘e elocating fairways 15 and 16. The land appear at this meeting. Written commentsr 4 alteration project will not involve exporting to are solicited. Plans are available in the City Authorized Agent ill to the site. Offices for review,by appointment. g 6. #2048 James and Joann Jundt, 1440 3racketts Point Road, have filed for a City of Orono , :onditionai use permit to allow a studio By:Planning Commission apartment within an oversized accessory structure on the property that already Jeanne A.Mabusth subscribed and sworn to me on this :ontains a two story guest house,caretaker Building&Zoning Administrator apartment and greenhouse. 7. #2049 Fred Guttormson and Chic (Published in The Laker and Pioneer Aug.7, )wight of 1220 Tonkawa Road seek approval 1995) if lakeshore setback, average Lakeshore cI day of 19 /, By: /0(/ ir(ini .• . • •. tlic ' ..- KRISTI HOLM �'�"' _ NOTARY PU i MY COMM.RL i_ 141.20 0 - A '.�. ' �i tdt�2000 Rate n or `- • ,. (1) Lowest classified rate paid by commercial users ' for comparable space:$11.72 per inch. (2)Maxim m rate allowed by law for above matter:$11.72. (3) Rate a tually charged for above matter:$6.80 per inch. ach additional successive week:$4.90. CITY OF ORO O 2750 Kelley Parkway, P. . Box 66 Crystal Bay, MN z"323 Phone (612)473-7357 F 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, August 21, 1995, the meeting commences at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2039 Wally and Sharyl Carson have filed a conditional use permit to allow the installation of a decorative pond at the northwest corner of the undeveloped lot located at 3010 Somerset Lane involving the removal of approximately 1,650 cubic yards of fill. 2. #2042 Thomas Frank of 1233 Briar Street seeks approval of a lakeshore setback and average lakeshore setback variance for the installation of a deck at the lakeside of the property. The property is located on the shoreline of French Lake, a natural environment lake requiring a 150' setback for all structures. 3. #2044 George E. Olson, the owner of 2775 Shadywood Road, seeks approval of hardcover variances within the 75-250' setback area for an addition to the lakeside of the existing residence. 4. #2045 John Steinmetz of 1155 Brown Road South seeks approval of street yard setbacks for a 6'x13' addition and roofed porch that will be constructed along the entire exterior of the residence. 5. #2046 Lakeview Golf located at 405 North Arm Drive has filed a conditional use permit to allow construction of a 45'x100' storage building and a variance that would allow a 4,500 s.f. oversized accessory structure where the code would only allow a 3,000 s.f. structure. The comprehensive application also includes a conditional use permit for land alterations involving 1,800 cubic yards of earth for the purpose of relocating fairways 15 and 16. The land alteration project will not involve exporting of fill to the site. 6. #2048 James and Joann Jundt, 1400 Bracketts Point Road, have filed for a conditional use permit to allow a studio apartment within an oversized accessory structure on the property that already contains a two story guest house, caretaker apaitiiient and greenhouse. 7. #2049 Fred Guttormson and Chic Dwight of 1220 Tonkawa Road seek approval of lakeshore setback, average lakeshore setback d hardcover variances within the 0-75' setback area to allow the reconstruction of lakeside deck and new construction involving a lower level screened porch. These improvements also involve the removal of approximately 7 cubic yards of fill under the existing deck that is located within 75' of the lake. 8. #2050 William Toles of 3165 North Shore Drive seeks approval of an average lakeshore setback and hardcover variances within the 75-250' setback area to allow construction of a grade level pool and patio area to the lakeside of the residence. 1 9. #2054 Tony Eiden Company has applied for a conditional use permit to allow filling of approximately 500 to 600 cubic yards of fill to allow construction of a walkout on the property located at 2700 Countryside Drive West. 10. #2055 Tony Eiden Company has filed for variances that would allow entrance monuments to be installed at the properties located at 2800 Countryside Drive West and 2425 Thoroughbred Lane that would exceed the allowed height of retaining walls within a street yard and a variance to the allowed area for signage for a residential development. 11. #2056 Michael and Barbara Wigley of 1035 Tonkawa Road have applied for a conditional use permit to allow the installation of retaining walls within their lakeshore yard. 12. #2057 James Nystrom of 1745 Concordia Street has applied for a lot width, side yard setback variance, hardcover variance within the 75-250' setback zone and a lakeshore setback and hardcover variance for a deck within the 0-75' setback area to allow construction of a new residence. 13. #2058 Ron Rantz/Autografs Inc. filed for approval of a commercial site plan and rear setback variance for construction of a two story office building to house the corporate headquarters of Autografs Inc. at the property located at 2525 Shadywood Road. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono By: Planning Commission 7-----) �—..,--,e--// '----7/27�1 •J7- 4'-a'nne A. Mabusth ___- .Ay `< Building & Zoning Administrator To be published the week of August 7, 1995. CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss . CITY OF ORONO I , Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2050, was mailed to the attached list of property owners . In Witness Whereof, I have hereu to set my hand and seal this 10th day of August, 1995 . z-r�1 Jamie Bo a Date f -/ 5-- 9..5" , Number oages Inchiding coves sheet C Offin & Circntviv, Inc 482 Tamarack Ave Long Lake MN 55356 Phoilito I Phone 473-4147 I Fax Phone Fax Phono 47'3-4435 _ CC: REMARKS; /I ft 1 RI R Act: AR 4744: 1-1IFFP, IRFFILIRFP,; PR rl 4 0/ t--t_I A NI 1477a75*'--""----"-----7---' -.............. 7- HARDCOVER CALCULATION VVOith. • I SETBACK ZONE t (CIRCLE ONE) 0-75' 75-250 25-500' 500-1000'F.XIIIZAi. Halt ?Q2alLINIDNE ; A. House = I ...... s; L__ T . ,4..F..',..,. , 1 t flit' xX: wiath _. _ _ .... la Art S.P. _____Aif____ S.P. I . _ I B. Garagc 2 2. Z . 3/5 SF v• L Driye\sa). -,./. # 2 1 C, D. Sidewak _ _ X X _ . — ....... a" sis SF lifir.:,_ ______ S F — C F r;JP 1#. E. Parto/De.:-k __... _ x . . , . .. SF C E .P Landscape ,' ' . . ;..:i x = . Z •Z 0 S.F Underlain - x a. S F. By Plastic — x Or FaH lc , - — — — - l' Ci Other x S F. - —_ •1 TOTAL HARDCOVER IN ZONE Z 445 S F. TOTAL PROPERTY AREA IN ZONE 2;#6", — 4,cif 4., m r — /70 .1/0 S.f' A ;. :... .,; 4- B /7,, 4'a x 100 = /_4.-29 % PROPOSED HARDCOvER rN ZONE A House x ....,_ Length w)dtri J .. .1 X .. • B. G;iragc x .- S C. Iirisicwa... A . m. S F % . ... SF D. Sidewalk x ,kk _ 5.F _ ‘ ... s I- E. Pauoi4. ; t ... S F. ._.. 1 s I- ...,. _ f Landscape. x ; _ S F _ _____ _ Underlain x .... S.F . _ _____.By Plasii.., x *,. S.F _Or Fabp. G. Othei -------- TOTAL HARDCOVER IN ZONE S F ... .. . TOTAL PROPERTY AREA IN ZONE S F A • ..__ + It 14 - GI- ; pi WIMt .1..C3 4,47' 7--- cp 7. - HARDCOVEK CALCU LA i ION WURt .ti.Et...1 . . . . SETBACK 7()NF • (CIRCLE ONE) CO-759 75-250' 25,500` 500-1000' c, t EXISTLNG HARDVIVER TN zoNiti A. House - - - ---- ---- x — S i• Length Width X _____ I- _.____ - — — X . W. ...... sr. .;. X la S F. B. Garage x S. , 1, S.F. L. On c— r.). SidewYk. . — X X X x = .. en ttg . ____ S.F S F S.F ii E. Patio/Deck x S.P p x . . . _ ___ !.; I . F Landscape. x 1. S V ij Underlain x - S F •'i By Plasm Or Fabri • _ x . S.F. G. Other , SF ! TOTAL HARDCOVER IN ZONE - 0 S F TOTAL PROPERTY AREA IN ZONE - _.......ZZ,. elr 4 t S F - A C) -i- 11 /2, /6-il- lt x 100 _......_12. ERQEOSED HARDCOVER'IN ZONE- A. House x Length Width X mi X mi ! x ,a • B. Gag' x . — C. Drivetv2v x . - 1. '--- D. SidewaiA x iti. ... --- x . E. PattoiDeck x — S . — — —_ x — c; I f' Landscape x IR .- .. _ S.F _Underlain x in ...........- -..-.- By Plastic'. x . _ S.F. --- - - — Or EaFr-r G. Other --- TOTAL HARDCOVER IN zoo - b— F. A -......_ --. - TOTAL PROPERTY AREA IN ZONE - S F. fi A + B x 100 el Yo — -------- - ....-... ---.........._ .4 • 1._,....,,..„..„.,-...-”,.,.. . P. ,--111 ;:1-:' .. --- ,-', L I/-1-AA, HARDCOVER CALL'ti LA(." ,Utt.h. .ttEk..$ . . SETBACK IONI : (CIRCLE O (E) 0-75' 75-250 25-500' 500-1000' LAISILN(2. 11,AP.F+1- )ii.ER IN Z(,)NE A. House __.......... x — 135 0 - ,5 1. W141th.i ., 0, X La _ _4 Z5_. s F X ms ____Lel,.C.1____X = ...... RIP SF t i I' ts Gag' .. ...._ _.. . . x qi S F '0• 1.7 i- Liri.cs,,,, -X X gm SF_ .*, 7; ! __ r'.. ti/I. sidt-.4•3; — s F _ . .. .... x ___ • l'i E. Patio/De_ . --- - .-, x . 41 11 5-r f i F Lartilscait.e x " x WOCii... OA.) PLASTIC /...??0 S f• Underlail x .5 f By Plastic x STONfr 4 I _t 0 CIC, L1114 ll5 ,--, 7.3 - _ S I' Or Fabll .., C.; Other ".-. r x 4 4 c P TOTAL HARDCOVER IN ZONE 1 0 1 -,L P OPERTY AREA IN ZONE 2 7,43V— _5'.3.c.' (f/t,-,r -:: ' A p B x 100 ... __I.?. 29 - OPOSED HARDCOVER IN ZONE A House x ... -- L w 0,b. 'lc •,•, i 1 — x . b k Jail av s 4 L. Wv..i. .—___...„ _ ..• S F tt. siciewa...• 7 za. _ S F _ . , ,,,„ frx #. /6.1 5 SF :. . ' .1 r'4' a 4,, j• SF • ---6F- --a's-e."-a--; .4 -737- --S F ... ... Underla, S 0 s F .__ ... - --• t By Pasti is -- /co S.F Or FIhrt, / . .- O. Duet t 01 AL HARDCOVER iN ZONE. S.F. A _-, TinA.! PROPERTY AREA IN ZONE S F. B A .C"F 0 e + B x iuo . . 32 , 78 ___% ' 14 . ..