HomeMy WebLinkAboutProject Packet 4
73 0.1. '733485 7
/0 ,
CITY of ORONO
ves.�l to 0 RESOLUTION OF THE CITY COUNCIL
�kEsi.104j NO. 4465
A RESOLUTION GRANTING A
VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2575
Met;
WHEREAS, James D. and Jill A. Cornell (hereinafter "the applicants") are
owners of the property located at 2145 Watertown Road within the City of Orono (hereinafter
"City") and legally described as follows:
All that part of the Northwest Quarter of Section 3, Township 117 North, Range 23
West of the 5th Principal Meridian, described as follows: Commencing at a point 522 feet West
and 198.14 feet South from the Northeast corner of the Northwest Quarter of said Section 3;
thence South on a line drawn parallel with the East line of the Northwest Quarter of said
Section 3, a distance of 198.15 feet, thence West on a line drawn parallel with the North line
of said Section a distance 439.68 feet; thence North on a line drawn parallel with the East line
of the Northwest Quarter of said Section a distance of 198.15 feet; thence East on a straight
line a distance of 439.60 feet to the point of beginning. Together with an easement for ingress
and egress over all that part of the Southwest Quarter of Section 34, Township 117 North,
Range 23 West of the 5th Principal Meridian, described as follows: Beginning on the South line
of said Southwest Quarter, 913.47 feet West of the Southeast corner thereof; thence West along
said South line 41.00 feet; thence North 45 degrees 45 minutes West 425.7 feet to the center
line of County Road Number 45; thence North 67 degrees 24 minutes East along said center
line 32.63 feet; thence South 45 degrees 45 minutes East 443.60 feet to the point of beginning,
and all that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West
of the 5th Principal Meridian described as follows: Beginning on the North line of the
Northwest Quarter of said Section 3, at a point 913.47 feet West of the Northeast corner
thereof; thence West along said North line 40.21 feet; thence South on a line drawn parallel
to the East line of said Section a distance of 30 feet; thence East on a line drawn parallel to
the North line of said Section a distance of 219.84 feet; thence South on a line drawn parallel
to the East line of said Section a distance of 168.14 feet; thence East on a line drawn parallel
to the North line of said Section a distance of 20 feet; thence North parallel with the East line
of said Section a distance of 198.14 feet to the North line of said Section 3; thence West to
the point of beginning. (hereinafter "the property"); and
Page 1 of 6
l."ik, 0.4,\
i0 0\
.^44
„: to- CITY of ORONO
lei I 0 O G RESOLUTION OF THE CITY COUNCIL
I ESH4�' NO. .
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 17, 2000 at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of a 816 s.f. second story
addition to the residence 26.5' from the rear yard property line where 50' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2575.
2. The property is located in the RR-1B, Rural Residential Zoning District requiring
2 acres in area. The property consists of total area of 87,054 s.f. or 1.99 acres.
3. The Planning Commission reviewed this application on April 17, 2000 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. The footprint of the residence is not increasing.
B. The residence was constructed prior to current zoning standards.
C. No neighboring residence will be impacted by the 26.5' setback.
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
Page 2 of 6
40. .
(/ O \ OCITY of ORONO
Aw)
`Sk �,Jk^ ��
HD ti RESOLUTION OF THE CITY COUNCIL
9 4 NO. a
kES
a convenience to the applicants, but is necessary as pp 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow
construction of a 816 s.f. second story addition to the residence 26.5' from the rear yard
property line where 50' is required. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit A. Any amendments to the site plan may require
further Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (May 8, 2001).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Page 3 of 6
3,--=---,- -
4?vu.47.
7O O
_, �: to. _ CITY of ORONO
_ 01., ,%,4
IA ��o G RESOLUTION OF THE CITY COUNCIL
rt'4- ,t,
��9kE K04�' NO. 4 °`1 6 3
S
Adopted by the Orono City Council on this 8th day of May, 2000.
A=i 'ST
JL
A9O Al d--
Linda S. Vee, City Clerk Gabr 1 Jabbour, or
if
i_,:a a eiiiAvis.,..
S1.#6/1
Pro erty Own r(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of May,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
, (4/42/lifiXteYL--
0 rt- MARY ANN JOHNSON Not P; is
NOTARY PUBLIC-MINNESOTA
`.a My Commission Expires Jan.31,2005
Page 4 of 6
•
7-g. 0
(O 0
CITY of ORONO
\ i ,s.r ti 1
� ����� �G RESOLUTION OF THE CITY COUNCIL
�� NO. 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ' ; day of `tf/ ,200 Obefore me a Notary Public within and
for said county, personally appeared J o m e S l/ __l, )1 ;t. C O n e I/, rn et. i
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.
-FHto each c ec`
MARY ANN JOHNSON /( t 4L a91,41
NOTARY PUBLIC•MINNESOTA Notary Public
My Conanission Expires Jan.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,200_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
Page 5 of 6
.4,„ e '
Exhibit A
4 67
CERTIFICATE OF SURVEY FOR
'..,... ems RI Kt 43 JAMES D. CORNELL
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F \a' IN THE NW 1/4 OF SEC. 3-117-23
\ \�\� HENNEPIN COUNTY, MINNESOTA
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N 89'32'20" W 439.54 MEASURED •••
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LEGAL OESCRPTIC.r Cr...VASES:
AI that pert of the Nat.,w.st Ouot, of Section 3, Township 117 North.Rance 23 west a' :-•s 5th Prira:Od Veridio,,desebed as lobs:
Cornmenting of a point 522 foot west and 198.14 feet South from the Northwest corner o' :tee `aoat,west O.ester of said Section 3;thane rCTr1
el w C South a,0 8r4 croon pastith the Lost e of the Northwest 0uorter of soil i_. 2 : - a b eo
oa fr -,tang of 195.15 feet;t West ono r+,e 'rly o
drawn pastel with to'oath fry of said Section a distance of 439.58 feet;_e-ce Ncrtb a. a 2.e drawn pooled with the Eo:Sir of the
Northwest Ou'ter or said Seetbn 0 datanc.of 199.15 feet;thence Lost a,a ,.riytt Coe. _ - o'oe of 439.50 feet to^,,paint of beg;mn.g
together with err eoaen-t to'egress ad egress ewer of that port of the Southwest 1s:n Section 34 Township 117 matt.Ra,g. 23 west
of N.5tn Prineyd V..'Cia,,deserted as talas,: 9egianieg on the South 5, dl said So_..--es' .913.7 feet west of
the Southeest
Corner thereof:thaws Rest Wong said Swan fro 41.:0 test; thence North 4 :-gees a_ — ,_s sat•a25.7 lest .. center Sne of County
Road Nurser 45;thence North 57 degrees 24 minutes Lost clang said Center "+e 3:" .. . _ _So:.,45 eegee 5 ..,:es East 443.55
Pest to the ooint ofn;4.er.d es that pat of the`onthwest Cuartr a "art,.Ron 23s w
` S• a Stn Pa,rc;eon
VeAdien described es 'lbw,:Beg Ming an the Norm 9 of the Norn.es: C..a•er o. r 2. _:oa point 9,34: of the
Northeast corner !beret': theme west gang sold North fle 40.21 feet: _ South a- : -- as Cad to the East wie Of said Section
a
Seca n a aistace of 3C feet::hence East on a rive a:.,.;area. to _ a. on: _ tie, t a of 219.9. 'vet;:hence South
on 0rne drawn ad to:he Lost fin.of said Sectiona distance at ISc.'4 .. _: _ _ •re a.,Screen to i-e'loth 6
he
of said Section a aislx.Of 20 feet: thence North 'CI....ON .itn th.(cot a s. roc ___.o- c .Echo. of toe,. 'ee. to North^ire
of said Section 3: !Sera•west to :he point of desire:no.
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8eaags shown as dosed..wen en osaured datum.
This survey intends to,Pow the ba.raaies of the abase described wooert,.
and the bastion of a,esiatiq hone,gaog..0'4 red thereon.R doss not
ordeal to show Cry Other itCtoo.rnents Or., oOOCM-ents.
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-6 P 4\1
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 17, 2000
(#2574 Tom Micheletti, Continued)
Hawn commented there is a question of setting a precedent if this application is approved.
Lindquist moved to recommend approval of Application #2574, Tom Micheletti, 519
Ferndale Road North, for a height variance to permit construction of a nine foot privacy
fence.
Hawn inquired whether the Applicant would be willing to consider a seven foot fence.
Micheletti stated he has spoken with the DNR who has indicated that deer can clear fences up to
eight and a half feet in height.
Nygard reiterated approval of this application could possibly set a precedent, and in order to grant
a variance, a hardship which is created by the land must be demonstrated.
Micheletti stated they are attempting to improve the property and has been told the deer problem
is the responsibility of the City. Micheletti commented in order to properly address this problem,
they need the cooperation of all parties involved.
Hawn noted the Planning Commission did approve a ten foot high fence for a tennis court.
Hawn seconded Lindquist's motion based on the fact that this fence is specifically intended
to protect a garden which is threatened by the deer population living in an area protected
by the DNR. VOTE: Ayes 2, Nays 3, Nygard, Stoddard and Berg Opposed.
Nygard moved, Berg seconded, to recommend denial of Application #2574, Tom Micheletti,
519 Ferndale Road North, for a height variance to construct a nine foot privacy fence.
VOTE: Ayes 3, Nays 2, Hawn and Lindquist Opposed.
Hawn indicated she voted in opposition to the motion recommending denial because in her view
there is a specific and reasonable use being requested for the nine foot fence and the same
consideration should be given to a fence to deter deer as to a fence for a tennis court.
Micheletti commented in his opinion his request was reasonable.
Berg noted the Planning Commission is merely a recommending body and that the Applicant has
the option of appearing before the City Council to plead his case.
Micheletti stated the basic nature of a variance tends to set a precedent.
(#13) #2575 JAMES AND JILL CORNELL, 2145 WATERTOWN ROAD -VARIANCE, 10:14 p.m. -
10:17 p.m.
James and Jill Cornell, Applicants, were present.
Bottenberg stated the Applicants are proposing to construct a 816 square foot second story addition
to the existing residence. The addition will only be on top of the southern section of the existing
residence and not the entire residence. Bottenberg noted the existing residence was constructed
before current zoning standards were adopted. The septic system is currently compliant and has
a capacity for four bedrooms. This addition will not add to the total number of bedrooms.
Page 24
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 17, 2000
(#2573 David and Marti Blodgett, Continued)
Marti Blodgett, 1380 Rest Point Road,for a height variance to construct a six foot privacy
fence located in the rear yard of a lakeshore lot, with the request that the building
inspector review and measure the fence to insure compliance with the 3.5 foot requirement.
VOTE: Ayes 3, Nays 1, Lindquist Opposed, Nygard Abstained.
(#12) #2574 TOM MICHELETTI, 519 FERNDALE ROAD NORTH -VARIANCES, 9:58 p.m. -
10:13 p.m.
Tom Micheletti, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicant is requesting approval of a height variance to construct a nine
foot privacy fence on his property. Since the fence exceeds the allowed six foot height, City Code
requires that it meet the side yard setback. The proposed fence will be constructed out of cedar
slats and a metal gate on the street side of the house. The Applicant is proposing to construct
the fence at nine feet to match the eave height of the house. Bottenberg noted the property is
fairly isolated with the neighboring properties being a golf course and DNR protected land.
Bottenberg noted the Applicant has relocated the proposed attached garage, which eliminates the
need for any variances on that portion of the application.
Micheletti stated he would like to construct a nine foot fence in an effort to address a severe deer
problem that he is experiencing with his yard and garden. Micheletti stated he has spoken with
representatives from the DNR who have indicated they are not opposed to the fence. Micheletti
stand a nine foot fence is needed because deer can easily clear a six foot fence. Micheletti
commented he also experiences a lot of golf balls in his yard, which he hopes will be reduced by the
nine foot fence.
Hay. commented this application is different from the one just heard, but that sight lines are still
an is,ue.
Micheletti indicated the fence will be set back from the road 60 feet or something in that
neighborhood.
There were no public comments regarding this application.
Lindquist indicated he does have a problem with a nine foot fence.
Nygard commented in his view the fence would appear as a wall in front of the house.
Lindquist stated the City's ordinance allows a six foot fence to be constructed. Lindquist
acknowledged that a six foot fence may not solve all of the Applicant's problems.
Hawn inquired how far into the property the fence would need to be constructed in order to exceed
the six foot limit.
Gaffron stated the Applicant would need to meet the 30 foot side yard setback and the 50 foot front
yard setback in order to construct a fence that exceeds six feet.
Page 23
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 17, 2000
(#2575 James and Jill Cornell, Continued)
Bottenberg stated a detached garage was constructed on the property in 1989, which did not
require any variances. Structural coverage and hardcover is not an issue on this property.
City Staff is recommending approval of the application.
Cornell commented the neighbors' view of this addition will be screened.
There were no public comments regarding this application.
Hawn moved, Lindquist seconded, to recommend approval of Application #2575,
James and Jill Cornell, 2145 Watertown Road, granting of a variance to permit
encroachment into the rear yard setback to allow the construction of an 816 square foot
second story addition to the existing residence. VOTE: Ayes 5, Nays 0.
OLD BUSINESS, CONTINUED
(#7) #2569 W. DUNCAN MACMILLAN AND WILLIAM WALDRON, 1860 FOX STREET -
AFTER-THE-FACT CONDITIONAL USE PERMIT
The Applicants were not present.
Hawn moved, Nygard seconded, to table Application #2569, W. Duncan MacMillan and
William Waldron, 1860 Fox Street, due to the absence of the Applicants.
VOTE: Ayes 5, Nays 0.
SKETCH PLAN
(#14) #2576 BRENSHELL HOMES, 1181 WILDHURST TRAIL, SKETCH PLAN REVIEW
Steve Bentley, Brenshell Homes, appeared.
Weinberger stated Brenshell Homes has filed a sketch plan to create a four lot subdivision of a
6.87 acre parcel located within the LR-1 B zoning district. Three of the proposed lots would
require variances for lot width and direct access to Wildhurst Trail. A fourth lot with access to a
driveway located in the platted but undeveloped Garden Lane is also proposed. All lots meet the
minimum one acre requirement as shown.
Weinberger stated the major issues relating to this proposed subdivision include a major ravine
that intersects the north end of the property. The City will be requesting a drainage easement over
this ravine. City Staff will also need to review the proposed building pads in relation to the
topography to see whether they are suitable. A major portion of this property drains to the south
and east, with some concerns about erosion occurring on the east side of Wildhurst Trail due to
stormwater flows. Grading and drainage plans must be submitted to City Staff and to the Minnehaha
Creek Watershed District for review and approval.
Weinberger stated another issue would relate to whether this should be a private road versus a
public road. Staff does not support direct access for the lots to Wildhurst and has concerns with
Page 25
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 17, 2000
(#2576 Brenshell Homes, Continued)
driveways being located on the road when alternative access is available through Garden Lane.
City Staff is recommending that all access for the development be via a new road constructed by
the developer through Garden Lane with a cul-de-sac serving any lots within direct access.
Lindquist inquired whether there will be access to Saga Hill Park from Garden Lane.
Weinberger stated at this time Garden Lane could be used as access to the park. Weinberger
stated other access and parking to the park has been provided through the property formerly owned
by Palmer and the Covenant Church. Weinberger noted he has not reviewed the plan in much
detail at this time.
Steve Bentley, Prudential Homes, stated he has received a significant amount of information from
City Staff relating to prior developments proposed for this site and has revised the plans somewhat
to address Staffs concerns. Bentley stated basically they are proposing a road off of Garden Lane
for access to this development. Bentley stated they currently have a builder lined up for this
project and are very interested in proceeding forward with their proposal.
Bentley commented in light of the prior proposals, they are considering the possibility of a lift
station and connection to sanitary sewer from Tonkaview Road. Bentley indicated he does not have
a problem with any of the issues raised by City Staff and is willing to continue to work with the City
to resolve those issues.
Bentley stated it is his understanding that park access is through Tonkaview and will not need
access off of Garden Lane. Bentley stated they are anticipating the road would become public
based upon the comments on the prior applications.
Gaffron recommended that the road become a public road, with the cul-de-sac paved diameter being
80 feet.
Stoddard inquired what the lot width for each lot would be.
Bentley stated a variance to lot width will probably be needed on three of the lots due to the limited
amount of frontage available.
Gaffron recommended Bentley speak with the Public Works Department regarding sewer connection
and the possibility a lift station may not be needed. Gaffron noted that the City Engineer will also be
requiring stormwater calculations for this area.
Hawn commented she likes the limited amount of driveways being proposed for this subdivision.
Hawn indicated there has been some interested expressed in the past for clustering in this area.
Bentley indicated he will be obtaining more detailed engineering drawings. Bentley stated he would
be willing to look at clustering for this area.
Gaffron stated in his view it is doubtful the City Council would grant any building variances.
Gaffron suggested the developer do a preliminary sketch showing the clustering as an option.
Bentley stated he will continue to work with City Staff to resolve the issues.
Page 26
Affidavit of Publication
State of Minnesota, County of Hennepin.
CITY OF ORONO dock slips and an after-the-fact variance to
2750 Kelley•Parkway,P.O.Box 66 allow am expansion of the existing parking
Crystal Bay,MN155323 area to accommodate two parkag spaces Bill Holm, being duly sworn on oath, says that he
Phone(612)249-46011 constituting hardcover within 75 feet of the
FAX(612)249-4616 OHWL(929.4')of Lake Minnetonka
is an authorized agent and employee of the
7. #2572 - Steve Morkrid, 2314 publisher of the newspaper known as THE
NOTICE Shadywood Road, requests a varance to
The Planning Commission will hold permit remodeling of the second floor and LAKER, Mound, Minnesota, and has full
public hearings in the Council Chambers at raising the roof line 2.4 feet from the side
2780 Kelley Parkway on Monday, April 17, property line where 10 feet is rec:sred and knowledge of the facts which are stated below:
2000,beginning at 6:30 p.m. on the matter seven feet from the front property:-e where
of reviewing the following land use 30 feet is required in the LR-'.0 zoning
applications: district. A.) The newspaper has complied with all the
1. #2486 - Elaine Erickson, 1270 8. #2573 - David and Mart Bodgett,
Spruce Place,requests lakeshore setback, 1380 Rest Point Road,request a variance requirements constituting qualifications as a
average lakeshore setback, lot coverage to permit a six-foot fence in the front yard qualified newspaper, as provided by Minnesota
and hardcover variances to permit where 3.5 feet is allowed.
construction of a new residence on the 9. #2574 - Tom Miche'e::i, 519 Statute 331A.02, 331A.07, and other applicable
property. Ferndale Road North, requests variances
2.#2513 - Connie Piepho, 540 North to permit a three stall garage 2e feet from laws, as amended.
Arm Drive, requests variances to construct the front property line where 50 feet is
a swimming pool within the average required and a variance to perm:a nine-
lakeshore setback of adjacent residences. foot fence within e side yard where six feet B.) The printed Land Use Applications
3. #2555 - Hennepin County, 3880 is allowed.
Shoreline Drive, requests an amendment 10. #2575 - James and Jii,Cornell,
to the zoning code,conditional use permit 2145 Watertown Road,request a variance
and variances to permit construction of a 60' to permit a second story addition*tin the
X 110'salt storage and salVsand mix facility, rear yard setback.
and to approve a new site plan. All persons wishing to be hard are which is attached was cut from the columns of
4. #2569 - W. Duncan MacMillan and encouraged to attend this meeting.Written
William Waldron,1860 Fox Street,requests comments are solicited. Plans are available said newspaper, and was printed and published
an after-the-fact conditional use permit to in the City Offices. For an appo n ment,
permit land alteration in excess of 500 cubic please call 249-4600. once each week for 1 successive weeks.
yards for pond construction and to permit
grading within five feet of the property line. City of Orono
5. #2570 - George Stickney, 2590 By:Planning Commission It was first published Saturday
Countryside Drive, requests a variance to Paul Weinberger,
permit construction of a tennis court and a , Zoning Administrator/Planner
10-foot fence 30 feet from the rear property the 1st day of April 20 00,
line where 50 feet is required! (Published in The Laker anc P,oneer
6.#2571 -Doug Ault and Jim Ginther- April 1,2000)
2739 Shadywood Road, requests a
conditional use permit to permit continued and was thereafter printed and published
use of the property as a dock lot with two every Saturday, to and including Saturday,
the day of 20 ;
Authorized Agent
Suscribed and sworn to me on this
1st day of April , 20 00 .
,/(By: il' r i)J
Notary Public
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•
S '"A KRISTI HOLM 0
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2005 s
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $13.45 per inch.
(2) Maximum rate allowed by law for above matter:$13.45.
(3) Rate actually charged for above matter: $7.49 per inch.
Each additional successive week:$5.44.
ORONO CITY COUNCIL MEETING
MONDAY, MAY 8, 2000
s,2380#2567 Walfred Properties,7. pShadywood Road—Commercial Sit Plan
Review, continued
Kelly moved, and Peterson seconded, to continue the item until the Council meeting
on May 22, 2000.
Vote: Ayes 5, Nays 0.
*8. #2570 George Stickney,2590 Countryside Drive—Variances—Resolution No.
4463
Kelley moved, and Flint seconded,to adopt Resolution No. 4463 granting a variance
to Municipal Zoning Code Section 10.03, Subdivision 14(D) and Section 10.03,
Subdivision 15(E).
Vote: Ayes 5,Nays 0.
*9. #2572 Steve Morkrid, 2314 Shadywood Road—Variance—Resolution No. 4464
Kelley moved, and Flint seconded,to adopt Resolution No. 4464 granting variances
to Municipal Zoning Codes Section 10.03, Subdivision 14(C) and Section 10.22,
Subdivision 2 (B) and Section 10.25, Subdivision 6(B) and Section10.56, Subdivision
16(L)(2).
Vote: Ayes 5, Nays 0.
*10. #2575 James and Jill Cornell,2145 Watertown Road—Variance—Resolution
No. 4465
Kelley moved, and Flint seconded, to adopt Resolution No. 4465 granting a variance
to Municipal Zoning Code Section 10.28, Subdivision 5(B).
Vote: Ayes 5, Nays 0.
*11. #2577 Render Development, 1315, 1335, and 1355 Tonkawa Road and 3430
North Shore Drive—Final Plat of Tonkawa Shores 2nd Addition—Resolution No.
4466
Kelley moved, and Flint seconded, to adopt Resolution No. 4466 approving the final
plat of Tonkawa Shores Second Addition.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Jabbour stated it had been an eventful week. The Consolidation meetings have
been going very well and they will have a conclusion to bring to Council soon. Last
week they talked to MN/DOT, two senators, and two representatives about keeping the
Highway 12 project on schedule in terms of funding. They understand that if there is a
7
TRACKING SHEET
FILE NO. Z S7 S
Staff: W Qji1q
Applicant: a IAAA. S CO r
Address: Z LI S . tt4-( V 'a w' ✓1 got Zip: 563510
❑ Meeting with Staff:
E1 Date Application Completed: r 100 60 Day: I el -Joe()
❑ Incomplete Notice Sent:
Date Property Owners Notified: '-6'd-OOC)
[1 Date Legal Notice Published: 14 -off DOO
[' PC Meeting(s): '-{' /7-02000 Vote: 5-0 / p rtrvta
Vote:
Vote:
0 Notice of PC Action: 44- l a.0 0 O
Cl City Council Meeting(s): 6-$va Do Vote: 5-o ,
Vote:
Vote:
❑ Resolution
X:\APPS\WPWIN60\WPDOCSTAROLETORMS\TRKNG.SHT
6_4„,„„d,
Application Date: 3/22/00 C
Completion Date: 3/22/00
60 Day Deadline: 5/19/00 °
REQUEST FOR COUNCIL ACTION
DATE: 5/8/00
ITEM NO.: / 0
Department Approval: Administrator Reviewed: Agenda Section:
Name Wendy Bottenberg
Title Assistant Zoning Administrator/Planner Zoning
Item Description: #2575 James and Jill Cornell
2145 Watertown Road
Variance
Zoning District: RR-1B One Family Lakeshore Residential District (2 Acre)
Lot Area: 87,054 s.f. (1.99 acre)
List of Exhibits:
A Resolution
B Notice of Planning Commission Action
C Draft Minutes of Planning Commission Meeting (4/17/2000)
D Staff Report and Exhibits of 4/17/2000
Application: The applicants are proposing to construct a 816 s.f. second story addition to the
existing residence. The addition will be only on top of the southern section of the existing residence,
not the entire residence. The existing residence was built before current zoning standards were
adopted. The residence is currently located 26.5' from the rear yard property line. The property is
serviced with a septic system. The septic system is currently compliant and has a capacity for 4
bedrooms. This addition will not add to the total number of bedrooms,but rearranging them within
the residence. Therefore a larger septic system is not required at this time. A detached garage was
constructed on the property in 1989 not requiring variances. Structural coverage is not a concern for
this property. No neighboring residences will be impacted by the 26.5' setback. The requested
variance is: to permit a rear yard setback of 26.5' where 50' is required.
1. Section 10.28, Subd. 5 (B): Rear Yard: The minimum requirement for rear yard setback in the
RR-1 B zoning district is 50 feet. Variance Request:To permit a rear yard setback of 26.5'where 50'
is required.
PLANNING COMMISSION:
The Planning Commission recommended by a 5 to 0 vote to:
Approve the application as presented.
STAFF RECOMMENDATION:
To approve the enclosed resolution.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed resolution.
A RESOLUTION GRANTING A
VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2575
WHEREAS, James D. and Jill A. Cornell (hereinafter "the applicants") are
owners of the property located at 2145 Watertown Road within the City of Orono (hereinafter
"City") and legally described as follows:
All that part of the Northwest Quarter of Section 3, Township 117 North, Range 23
West of the 5th Principal Meridian, described as follows: Commencing at a point 522 feet West
and 198.14 feet South from the Northeast corner of the Northwest Quarter of said Section 3;
thence South on a line drawn parallel with the East line of the Northwest Quarter of said
Section 3, a distance of 198.15 feet, thence West on a line drawn parallel with the North line
of said Section a distance 439.68 feet; thence North on a line drawn parallel with the East line
of the Northwest Quarter of said Section a distance of 198.15 feet; thence East on a straight
line a distance of 439.60 feet to the point of beginning. Together with an easement for ingress
and egress over all that part of the Southwest Quarter of Section 34, Township 117 North,
Range 23 West of the 5th Principal Meridian, described as follows: Beginning on the South line
of said Southwest Quarter, 913.47 feet West of the Southeast corner thereof; thence West along
said South line 41.00 feet; thence North 45 degrees 45 minutes West 425.7 feet to the center
line of County Road Number 45; thence North 67 degrees 24 minutes East along said center
line 32.63 feet; thence South 45 degrees 45 minutes East 443.60 feet to the point of beginning,
and all that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West
of the 5th Principal Meridian described as follows: Beginning on the North line of the
Northwest Quarter of said Section 3, at a point 913.47 feet West of the Northeast corner
thereof; thence West along said North line 40.21 feet; thence South on a line drawn parallel
to the East line of said Section a distance of 30 feet; thence East on a line drawn parallel to
the North line of said Section a distance of 219.84 feet; thence South on a line drawn parallel
to the East line of said Section a distance of 168.14 feet; thence East on a line drawn parallel
to the North line of said Section a distance of 20 feet; thence North parallel with the East line
of said Section a distance of 198.14 feet to the North line of said Section 3; thence West to
the point of beginning. (hereinafter "the property"); and
Page 1 of 6
. t
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 17, 2000 at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of a 816 s.f. second story
addition to the residence 26.5' from the rear yard property line where 50' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2575.
2. The property is located in the RR-1B, Rural Residential Zoning District requiring
2 acres in area. The property consists of total area of 87,054 s.f. or 1.99 acres.
3. The Planning Commission reviewed this application on April 17, 2000 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. The footprint of the residence is not increasing.
B. The residence was constructed prior to current zoning standards.
C. No neighboring residence will be impacted by the 26.5' setback.
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
Page 2 of 6
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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow
construction of a 816 s.f. second story addition to the residence 26.5' from the rear yard
property line where 50' is required. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit A. Any amendments to the site plan may require
further Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (May 8, 2001).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Page 3 of 6
Adopted by the Orono City Council on this 8th day of May, 2000.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of May,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
Nota
ry
Public
Page 4 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
•
On this day of ,200_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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,200_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
Page 5 of 6
Exhibit A
CERTIFICATE OF SURVEY FOR '
40- la 43 JAMES D. CORNELL
1,� \, IN THE NW 1/4 OF SEC. 3-1 17-23
\a,, HENNEPIN COUNTY, MINNESOTA
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LEGAL OESCRPT112N Cp ootygES:
Al toot port at the Na:!`west Ouaty of Section 3. Township 117 North.Rose 23 nes: 0 -s 5 prrcpd uerdot deaeSel as foga.%
mr Corneing at a point 522 feet west and 198.1♦feet South from the Northeast Corner a,:tee ear:"west Owter at aoia Sec-;;an 3: thence Si
South an a Bee annn poakf with the East line of the Nartnoest Quarter of sad See:per 3 r _V Ste of 139.15 fee!:thence neat on a One
drawn panel with the`.a:o fr.of said Section a da:ace of 439.5,, test:
..1,-ce her:, a Y` a-e awn paasd U.E
.itn 0sas ,e 9 of the
Northeast O,,vter of acid Section a dalace of 195.15 lest:thence East on a straicrt "ire a ice of 439.50 foot to ti paint of Deg:eir.9_
together with en easerrt fa;r.greas and egress o•er oa that port of toe 5a.:h-eat 1.o''. of -.scion 34.To.rario 117„ar:.t R.N. 23 west
of the 5th orinclpd uv"drn,described as fol..s: 9egir..in9 on the South!-a of said Sa.:-.es: Cvte•.9,3.7 fee: 'fr : at Ma Soemecst
corner thereof: flier¢e west tang said Sarin Now 41.;0 fest;thence harts 45 :.grew _ tea eat 425.7 fee! '.. cr .e:, fu at Co.nt,
m Road N,8ber 45; ace`art" 57 degrees 24 a,in.!u East along said 0....te• re 3253 . : _ w So... 45 er%e.s 45 ors.:es East 4.3.5C
feet to the point at-_ nlrtr cr.:of mot pat of a Norm-eat Cuerte' a' Oath _ •,•,or ,Serge 23 n . a. ..e 5,Rr:otiose
eral di doscr.b.a as 'Von,:9egirnirg on the Nortn'i•of In,Norm-ea: C - o! seia S - a ,
3. at a pnt 913.4- tn.
.
Northeast caner treeec1:tn.,. west along said Nee:,:ire 40.21 leer. !.e-ce S_.. _ _-• porde to Ire Sas: ins at Mid 5ec:.41n
Sec1an a dstenc.of 3C feet;thence East on a e aa-n 7022et to In.` sac .. _ _is:ante of 2:39• _ -Sec.Saw:.
on a f boar panel to the Soft line of said Section a distance of IS9.. •,-.. _. : re aa.,panel t ine`artn lie
of said Section a dstoce of 20 rest; coerce hearts accost with ine Lost 'i e .• sac ___t an a :star_. al 198.14 teat to a.`brio Jre
of said Station 3:liens•west to ine point of p.girru.g.
•
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Eteair.gs shone:ire Sews soon as o„vred dote".
This'Leroy intends to,row me tavbaies of this eawee deseribed props:,.
and the beation of we e,iatng hove,gaog..era shed thereon.It does not
purport to and. any site inCeOee Bents or eneroccttnents.
iL:v.• noose. oott xo. row 1.c..2r Sr:'rr-,wear nor 4w 9tpT-s hie Q.vO.rt SCALE
COFFIN & GRONBERG, INC. nur7 yy a,p,Lm;t, I--
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Page 6'of 6 �:)) �
B
CITY OF ORONO ZONING FILE #2575
P.O.Box 66 NOTICE OF PLANNING COMMISSION
Crystal Bay, MN 55323 ACTION
612-249-4600 DATE OF NOTICE: April 18, 2000
TO: James and Jill Cornell COPIES:
2145 Watertown Road
Orono, MN 55356
TYPE OF APPLICATION: Variance
DATE OF MEETING: April 17, 2000 VOTE: 5 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council on May 8, 2000 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.
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 17, 2000
Berg noted the Planning Commission is merely a recommend. and that the Applicant has
the option of appearing before th • uncil to plead his case.
Mich • ed the basic nature of a variance tends to set a precedent.
(#13) #2575 JAMES AND JILL CORNELL, 2145 WATERTOWN ROAD -VARIANCE, 10:14 p.m. -
10:17 p.m.
James and Jill Cornell, Applicants, were present.
Bottenberg stated the Applicants are proposing to construct a 816 square foot second story addition
to the existing residence. The addition will only be on top of the southern section of the existing
residence and not the entire residence. Bottenberg noted the existing residence was constructed
before current zoning standards were adopted. The septic system is currently compliant and has
a capacity for four bedrooms. This addition will not add to the total number of bedrooms.
Bottenberg stated a detached garage was constructed on the property in 1989, which did not
require any variances. Structural coverage and hardcover is not an issue on this property.
City Staff is recommending approval of the application.
Cornell commented the neighbors' view of this addition will be screened.
There were no public comments regarding this application.
Hawn moved, Lindquist seconded, to recommend approval of Application #2575,
James and Jill Cornell, 2145 Watertown Road, granting of a variance to permit
encroachment into the rear yard setback to allow the construction of an 816 square foot
second story addition to the existing residence. VOTE: Ayes 5, Nays 0.
OLD B U S CONTINUED
(#7) #2569 W. DUNCAN MA N AND WILLIAM WALDRON, 1860 FOX STREET -
AFTER-THE-FACT CONDITIONAL USE PERMIT
The Applicants were not present.
Page 35
�
•
13
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner
DATE: April 17, 2000
SUBJECT: #2575 James/Jill Cornell
2145 Watertown Road
Variance -- Public Hearing
Zoning District: RR-1B One Family Rural Residential District(2 acre)
Lot Area: 87,054 s.f. (1.99 acre)
List of Exhibits
A Analysis Worksheet
B Application
C Site Plan/ Survey
D Floor Plan/Elevations
E Plat Map
F Location Map
G Photo of Property
H Property Owner's List
I Permit Record
Pertinent Code Sections
1. Section 10.28, Subd. 5(B): Rear Yard: The minimum requirement for rear yard setback in the
RR-1B zoning district is 50 feet. Variance Request: To permit a rear yard setback of 26.5' where
50' is required.
Application Summary: The applicants are proposing to construct a 816 s.f. second story
addition to the existing residence. The addition will be only on top of the southern section of the
existing residence,not the entire residence. The existing residence was built before current zoning
standards were adopted. The residence is currently located 26.5' from the rear yard property line.
The property is serviced with a septic system. The septic system is currently compliant and has a
capacity for 4 bedrooms. This addition will not add to the total number of bedrooms,but rearranging
them within the residence. Therefore a larger septic system is not required at this time. A detached
garage was constructed on the property in 1989 not requiring variances. Structural coverage is not
a concern for this property. No neighboring residences will be impacted by the 26.5' setback.
#2575 James/Jill Cornell
Variance
4/17/2000
Page 1
Statement of Hardship:
The applicants have included their statement of hardship in Exhibit B. The applicants should also
be asked for their testimony regarding this issue.
Issues for Consideration:
1. The footprint of the residence is not increasing.
2. The residence was built prior to current zoning standards.
3. The existing septic is compliant and built for a capacity of 4 bedrooms.
4. Other issues raised by the Planning Commission.
Staff Recommendation:
Staff recommends approval of the variance for rear yard setback.
#2575 James/Jill Cornell
2145 Watertown Road
Variance
4/17/2000
Page 2
A
ANALYSIS WORKSHEET
Lot Area:
RR-1B Lot Area Rear Yard Setback
Required 87,120 s.f. (2 acre) 50'
Actual 87,054 s.£ (1.99 acre) 26.5'
Structural Coverage:
Total Lot Size Total Structural Coverage
27,043 s.f. Allowed: 13,058.1 s.f. (15%)
Existing: 2,659.63 s.f. (3.5%)
Proposed: 2,659.63 s.f. (3.5%)
The residence is located in the RR-1B (2 acre minimum) zone. Structural coverage is not a
concern with this property.
Application # 2 5 75
Date Received 3 2 2 0 0
Amount Paid O
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION '
1Ns
Site Address AP-1 - WATERTCA11'1 E'ON) = •
Property Identification Number (P.I.D.) 0 3- 117 -2 3 Z I 00 0 3 _
Attach legal description to application if not included on required survey.
Date Pro Acquired A g uSt 19 8 9 (month/year �'.�
I (do) do not also own the adjacent parcels of land.
Present use of property: X residential other (specify)
Zoning District: R Q- 1 Fj r`.
APPLICANT Phone (home) C)(.2.'`11S,397 I -
Name Jp rEs t`7 J i 1.L A Cogr161,L Phone(work) 6)/2 'jog j'( ,)
Address:,l1 W z I2 l) City:( QISQ Zip:`�c53`S�o
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address: City: Zip:
DESCRIPTION OF REQUEST Estimated Construction Cost $ 5 COO
Describe request in detail:
1/4 art 1 k A -LOT t"-5Ncg. (t+oMe(f•QS Cc)i-)S6 C yA�-1"t4C TD Jlcp
(attach additional sheets if necessary)w GIMP-Se t3PCr CIso€494500
6r f t'R-tr l0
VARIANCES REQUIRED
Lot Area Lot Width Hardcover Lot Coverage
XSetback: Front Side >( Rear Average Lakeshore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements:Eicis INCc i zC��l � .iota �S
CAR-RC-0 `1 Lerrs i K--f-tv46 P 4OR
i izA KS - (S 26f1,
(attach additional sheets if necessary)
6
CERTIFICATE OF SURVEY FOR
A°l L"" JAMES D. CORNELL
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,55A HENNEPIN COUNTY, MINNESOTA
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LEGAL DESORPTION OF PREI.ESES :
A
AI that part of the Northwest 0o, ter of Section 3. Township 117 North,Ronge 23 West of the 5th Principal Meridian.described as follows:
Commencing at a point 522 feet West and t98.14 feet South from the Northeast corner of the Northwest Duster of said Section 3; thence eft
South on a fne drawn poraki with the Eost line of the Northwest Duerter of scid Section 3.a dis!cnce of I98.15 feet;thence West on 0(me
drown parole(with the North line of sold Section a distance of 439.58 feet; thence North on o e drown parallel with the Eost fine of the
Northwest Ca/cater of said Section a distance of 198.15 feet; thence East on o straight line a distance of 439.60 feet to the point of beginning
together with cos easement for ingress and egress over al that port of the Southwest Quarter of Section 34, Township 117 North.Range 23 West
of the 5th Principal Meridian.described as follows: Beginning on the South line of sod Southwest 0•.crter, 913.47 feet 'Nest of the Southeast
corner thereof: thence West dung said South line 41.00 feet:thence North 45 degrees 45 minutes 'Nest 425.7 feet to the center fine of County
Road Number 45: thence North 67 degrees 24 minutes t con;said .center e 32.53 f er in
.. a South 45 degrees 45 mutes East 443.5o
and al .feet to the point of beginning,a that part of the Northwest Quarter o _ n,
on 3. Townsc ' ,. orth.Range 23 N of the 5th Prncn
icicl
Meridian described os follows:Beginning on the North ,ia of the Northwest Cr
u of scid Sector, 3. et o point 91347 feet West of the
Northeast corner thereof; thence West along said North line 40.21 feel: thence South wn coroner to the E of sold Section
Section a distance of 30 feet: thence Eost o a line drawn porallel to the ` . scid Sec s an c distance e of 2:9.84 feet; thence South
on a line drawn parallel to the Cost line of said Section o Cis:once of 168.io -. :'en e. _ re drown parallel to the North line
of said Section a distance of 20 feet; thence North peroifel with the East 'ir. sold Section a ,.s.crce of 198.1. feet to the North ine
of sold Section 3: thence West to the point of beginning.
r•-r 4 : denotes iron',writer
Bearings shown ore based upon on assumed datum.
This survey intends to show the bourWeries of the Cbovs described property,
and the bcotion of on existing house.garage.and shed thereon.It does not
purport to show any other improvements or encroachments.
i.E34r0u nou—. DATE DESORPior 1 heREe,crxrr'n null Ms L.A.SPECe1 oeoc CP eVans SCALE
COFFIN & GRONBERG, INC. 1041 I EAr"0D,th D�S TEI "° 1' '
7+.rr1 DATE
15w CS'r 5 or THE STATE e ESOTA.
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PERMIT RECORD
Permit No. Date Type of Permit
(154 `f-as- 6-5‹
z5 o ra /3i/ mc �
f
CITY OF ORONO ZONING FILE # 2575
P.O. Box 66 NOTICE OF CITY COUNCIL ACTION
Crystal Bay, MN 55323 DATE OF NOTICE: 5/9/2000
612-249-4600
TO: James and Jill Cornell COPIES:
2145 Watertown Road
Orono, MN 55356
TYPE OF APPLICATION: Variance
DATE OF MEETING: 5/8/2000 VOTE: 5 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 the 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 5-8-2001.
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.
ink
/100 47.
/,..
v O
,, 1, CITYofORONO
r . ,, 'i
Al Municipal Offices
,NAG Street Address: Mailing Address:
'�Es8p�' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
DATA PRIVACY ADVISORY
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit
or license. -
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
,
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data t -5
on yourself
'
6. Your full name is required to process this application or permit.
kiiiteSc D �2wd( ,,.
x.� C
First Middle Last;
vi ciS - UJA46-401-rk fte ) iskjo
Address A
41 SIZZ .ia
City State Zip Phone
I understand my rights as stated above.
(ignatur
Telephone(612)249-4600 • Fax(612)249-4616 9
SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
(c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be informed of the content and meaning
of that data. After an individual has been shown the private data and informed of its meaning,
the data need not be disclosed to him for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the individual has been collected or
created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to contested cases.
10
Adjacent Property Owners' Acknowledgement Form
I (we) Mori 9 tAe R6ber-4- Ka.vt4v✓ of 216C Aat"er-1vvv�n�. lot.Lc
print name(s)] [print address] -°
have reviewed the plans for the proposed improvement or proposed use of the property located
at 21 (1,)pert-gsbwtu 2h also referred to as Land Use Application No. .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
Property er Date
1
�
4 � I C 2
Property Owner Date i
**********************************************: ******************************* //'
e '' rr /� /
I (we)
G{ 4�S V�• trot Nc�e (_ p e
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at !Nfr tJ 'FP also referred to as Land Use Application No. .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. :,
-44 !\.. /
� c 06 Af 6 4'4%.Property 0 er Date
Ai/6-
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
8
Adjacent Property Owners' Acknowledgement Form
I (we) joi-1/l &LINCD of 2I3`S SUN web/6
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at 2MS(,,/A l-Wt,✓/✓ (20 also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use re uires Council approval.
?de?, ✓ , Q°
oybperty Owner Dat
Property Owner Date
******************************************************************************
I (we) G1, 3ThtOTtO of246---W7 1O rifO17
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at 24cISM wAlerizmitiv gID also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked #o
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 neighbo ' L
project or use requires Council approval.
e4.e 3/2-6/60
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
8
Adjacent Property Owners' Acknowledgement Form
I (we) ttLAnI+1..00,N p i RS Dr of 2075 1hTE1ZvowAJ AEA°
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at ..PS'-(,,wT rot,ft- P6 also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
1--(L4/\, 31 20 6 00
Property Owner Date
3lzDlOLD
Property Over Date
******************************************************************************
I (we) Co /i �/ sh4� less, of o2(SO Go(c n >��
[pri#it name(s) ] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at 2/ r tiA/r- / also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
a
Property O C Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
8
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CERTIFICATE OF SURVEY FOR
sl $:. COUNTY RD. NO.CENTER LINE 45 JAMES D. CORNELL
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\ \'� HENNEPIN COUNTY, MINNESOTA
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SEC 3-117-23
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S 89°32'52" E 1 439.60 DESCRIBED
S 89°31'55" E 1 439.33 MEASURED
S 59.32'52" E A
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N 89°32'20" W 439.54 MEASURED •
N 89°32' 52" W 439.68 DESCRIBED
LEGAL DESCRIPTION OF PREMISES :
All that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: A
Commencing at a point 522 feet West and 198.14 feet South from the Northeast corner of the Northwest Quarter of said Section 3; thence (A
South on a line drawn parallel with the East line of the Northwest Quarter of said Section 3, a distance of 198.15 feel; thence West on a line
drawn parallel with the North line of said Section a distance of 439.68 feet; thence North on a line drawn parallel with the Eas' line of the
Northwest Quarter of said Section a distance of 198.15 feet; thence East on a straight line a distance of 439.60 feet to the t oint of beginning.
together with an easement for ingress and egress over all that part of the Southwest Quarter of Section 34, Township 117 North, Range 23 West
of the 5th Principal Meridian, described as follows: Beginning on the South line of said Southwest Quarter, 913.47 feet West of the Southeast
corner thereof; thence West along said South line 41.00 feet; thence North 45 degrees 45 minutes West 425.7 feet to the center line of County
Road Number 45; thence North 67 degrees 24 minutes East along said center line 32.63 feet; thence South 45 degrees 45 minutes East 443.60
feet to the point of beginning, and all that part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Princiapal
Meridian described as follows: Beginning on the North line of the Northwest Quarter of said Section 3, at a point 913.47 feet West of the
Northeast corner thereof; thence West along said North line 40.21 feet; thence South on a line drawn parallel to the East line of said Section
Section a distance of 30 feet; thence East on a line drawn parallel to the North line of said Section a distance of 219.84 feet; thence South
on a line drawn parallel to the East line of said Section a distance of 168.14 feet; thence East on a line drawn parallel to the North line
of said Section a distance of 20 feet; thence North parallel with the East line of said Section a distance of 198.14 feet to the North line
of said Section 3; thence West to the point of beginning.
"'' denotes iron marker
fou./ Q
Bearings shown are based upon an assumed datum.
This survey intends to show the boundaries of the above described property,
and the location of an existing house, garage, and shed thereon. It does not
purport to show any other improvements or encroachments.
DESIGNED REVISION DATE DESCRIPTION I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT SCALE
DRAWN COFFIN & GRONBERG, INC. WAS THAT I AMAAEDULY D BY MCENSED PROFESSIONALE OR UNDER MY TENCIIEERSUNDERON D 1„
LONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS THE LAWS OF THE STATE OF MNNESOTA. DATE
482 TAMARACK AVENUE, LONG LAKE, MN. 55356 3-4-98
CHEOCED
612-473-4141 iii�.r' /./. JOB NO.
DATE 7-9.9P MN LICENSE NUMBER /27TS 98-069
98•o69
k', i, )
A
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN) ss.
CITY OF ORONO )
I,Mary Ann Johnson,of the City of Orono,Hennepin County,Minnesota,do hereby
certify that a Notice of Public Hearing concerning the matter of#2575, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 6th day of April,
2000.
aXkt)
Mary nn son
DRA
aik,lo0
ORONO PLANNING COMMISSION
Monday,April 17,2000--6:30 p.m.
2780 Kelley Parkway--Council Chambers
AGENDA
Council Representative: Robert Sansevere
AUDIENCE MEMBERS:
Please sign in for the public record at the front podium if you wish to address the Planning Commission.
Applicants will be asked to move to the front table to answer questions when the Chair announces the
application. The Planning Commission is an advisory body to the City Council. If action is taken on any
items on this agenda,they will be scheduled for the May 8,2000,City Council meeting unless otherwise noted
by the Chair.
PUBLIC HEARINGS
Review of these items will commence prior to or between scheduled public hearings.
OLD BUSINESS
1. #2486 Elaine Erickson, 1270 Spruce Place,Variances. (Staff: Wendy Bottenberg).
2. #2513 Connie Piepho, 540 North Arm Drive,Variances. (Staff: Paul Weinberger).
3. #2549 David Lovelace, 220 Big Island - Request for Dock Access. (Staff: Mike Gaffron).
4. #2555 Hennepin County,3880 Shoreline Drive,Zoning Code Amendment,Conditional Use Permit
and Variances. (Staff: Paul Weinberger).
5. #2569 W.Duncan MacMillan and William Waldron, 1860 Fox Street,After-the-Fact Conditional
Use Permit. (Staff: Paul Weinberger).
NEW BUSINESS
6. #2570 George Stickney, 2590 Countryside Drive,Variances. (Staff: Paul Weinberger).
7. #2571 Doug Ault and Jim Ginther,2739 Shadywood Road,Conditional Use Permit and After-the-
Fact Variance. (Staff: Paul Weinberger).
8. #2572 Steve Morkrid, 2314 Shadywood Road,Variance. (Staff: Wendy Bottenberg).
9. #2573 David and Marti Blodgett, 1380 Rest Point Road, Variance. (Staff: Wendy Bottenberg).
10. #2574 Tom Micheletti, 519 Ferndale Road North,Variances. (Staff: Wendy Bottenberg).
11. #2575 James and Jill Cornell,2145 Watertown Road,Variance. (Staff: Wendy Bottenberg).
SKETCH PLAN
12. #2576 Brenshell Homes, 1181 Wildhurst Trail, Sketch Plan Review. (Staff: Paul Weinberger).
PLANNING COMMISSION COMMENTS
13. Report of Planning Commission representatives attending Council meetings on March 27, 2000 and April
10, 2000.
14. Other issues for discussion.
15. Planning Commission approval of minutes for March 20, 2000.
16. Selection of representatives for City Council meetings on April 24, 2000 and May 8, 2000.
ADJOURNMENT
CITY OF ORONO -
2750 Kelley Parkway,P.O.Box 66
Crystal Bay,MN 55323
Phone (612) 249-4600 Fax (612) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, April 17, 2000, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #2486 Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average
lakeshore setback, lot coverage and hardcover variances to permit
construction of a new residence on the property.
2. #2513 Connie Piepho, 540 North Arm Drive, requests variances to construct a
swimming pool within the average lakeshore setback of adjacent residences.
3. #2555 Hennepin County, 3880 Shoreline Drive, requests an amendment to the
zoning code, conditional use permit and variances to permit construction of
a 60'x110' salt storage and salt/sand mix facility, and to approve a new site
plan.
4. #2569 W. Duncan MacMillan and William Waldron, 1860 Fox Street,requests an
after-the-fact conditional use permit to permit land alteration in excess of 500
cubic yards for pond construction and to permit grading within 5 feet of the
property line.
5. #2570 George Stickney, 2590 Countryside Drive, requests a variance to permit
construction of a tennis court and a 10 foot fence 30 feet from the rear
property line where 50 feet is required.
6. #2571 Doug Ault and Jim Ginther,2739 Shadywood Road,requests a conditional
use permit to permit continued use of the property as a dock lot with two
dock slips and an after-the-fact variance to allow an expansion of the existing
parking area to accommodate two parking spaces constituting hardcover
within 75 feet of the OHWL (929.4') of Lake Minnetonka.
7. #2572 Steve Morkrid, 2314 Shadywood Road, requests a variance to permit
remodeling of the second floor and raising the roof line 2.4 feet from the side
property line where 10 feet is required and 7 feet from the front property line
where 30 feet is required in the LR-1C zoning district
8. #2573 David and Marti Blodgett, 1380 Rest Point Road, request a variance to
permit a 6 foot fence in the front yard where 3.5 feet is allowed.
9. #2574 Tom Micheletti, 519 Ferndale Road North,requests variances to permit a
three stall garage 24 feet from the front property line where 50 feet is required
and a variance to permit a 9 foot fence within the side yard where 6 feet is
allowed.
10. #2575 James and Jill Cornell,2145 Watertown Road,request a variance to permit
a second story addition within the rear yard setback.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
solicited. Plans are available in the City Offices. For an appointment,please call 249-4600.
City of Orono
By: Planning Commission
Veti
Paul Weinberger, Zoning Administrator/Planner
To be published the week of April 1, 2000.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office