HomeMy WebLinkAbout#2194 Scanned FileCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
APPLICATION NO. #2194
NOTICE OF COUNCIL ACTION
Date of Notice: December 2, 1996
---------------------------------------------------------------------------
TO: David Alan Sutherland
1365 Arbor Street
Box 161
Crystal Bay, MN 55323
---------------
TYPE OF APPLICATION: Variance
COPIES:
·------------------------------------
------------------------------------------------
DATE OF MEETING: 11/25/96 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.
A building permit cannot be issued until the resolution is fully executed.
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. A building permit application must be submitted no later
than November 25, 1997.
Please contact Jeanne Mabusth if you have any further questions concerning the status of
application.
lsv
REQUEST FOR COUNCIL ACTION
DATE: November 20, 1996
ITEM NO.:
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeanne A Mabusth Zoning
Title Building & Zoning Administrator
Item Description: #2194 David
Resolution
Alan Sutherland, 1365 Arbor Street -Variances -
Zoning District: RR-lB, 2 acre minimum lot size
Lot area = 7,000 s.f. (property is served with sewer).
Application: Applicant seeks approval of side and rear setback variances to permit
construction of a partial second story over the existing structure. The existing residence
structure is located 3' from the existing single stall garage. The second story addition will be
expanded within the substandard setback. The following ordinances are pertinent for this
review:
1. Section 10.03, Subd. 12 -Separation setback from structures.
Required = 10'
Existing = 3'
Proposed = 3'
Variance = 7'.
2. Section 10.03, Subd. 14(C) -Review of structural coverage.
Total area = 7,000 s.f.
Allowed = 1,500 s.f.
Existing = 1,100 s.f.
Proposed= 1,100 s.f.
No variance required.
3. Section 10.22, Subd. 2 -Review of hardcover.
500-1,000' setback area = 7,000 s.f.
Allowed = 2,450 s.f. or 35%
Existing = 1,978 s.f. or 28.26%
Proposed = 1,978 s.f. or 28.26%
No variance required.
4. Section 10.28, Subd. 5(B) -Rear and side setback variances.
A. Rear setback
Required = 50'
Existing and proposed = 29'
Variance = 21' or 42%.
Request for Council Action continued
Page 2
November 20, 1995
Zoning File #2194 David Alan Sutherland, 1365 Arbor Street
B. Side setback
List of Exhibits
Required = 30'
Existing and proposed = 18'
Variance = 12' or 40%.
A -Application
B -Plat Map
C -Property Owners List
D -Survey
E -Hardcover Facts
F -Site Plan
Gl-2 -First Floor Plan and Partial Second Floor Plan
H -South or Side Elevation
I -West or Rear Elevation
Description of Request
Applicant seeks approval of side and rear setback variances for construction of a second level
above the rear section of residence located within substandard side and rear yards.
Intensification of the structure within the required yard areas require variance approvals. The
existing single stall garage and residence structure are divided by a 3' setback. The current
code requires a 1 O' setback. As applicant is intensifying portions of the structure within the
substandard separation setback, this too requires variance approval. Review Exhibit I, the 2'+
overhang will be higher than garage roof but may still require special fire wall construction.
Review Exhibit A, applicant notes the proposed improvement is the first phase of construction
of a complete second story estimated to be completed some time in four years. The second
story above the remaining portion of the house will require side and street setback variances
at the time applicant is ready to proceed with the improvement.
Review of Hardships
1. Subject property consists of 7,000 s.f. and is subject to 2 acre zoning standards.
2. Proposed improvement will not result in further extensions into the substandard yard
areas.
3. Lot to rear of property is vacant.
4. Property is served with sewer.
Request for Council Action continued
Page 3
November 20, 1995
Zoning File #2194 David Alan Sutherland, 1365 Arbor Street
5. The area and width of the lot is consistent with developed lots to immediate south and
southeast of the property.
6. Property is located immediately west of the City's Old Crystal Bay Road park.
7. The City has received no negative comments from property owners notified of the
proposed improvements requiring variances.
The applicant advised that the two mature evergreens at the south and east side of structure
will be removed as a result of new construction. Sutherland advised that he does propose to
install new plantings when construction is completed in the spring of 1997.
Planning Commission Recommendation
The Planning Commission recommended unanimous approval of the setback variances for
David Sutherland to permit construction of a partial second story over the existing residence
located at 1365 Arbor Street based on hardships set forth by applicant.
The enclosed approval resolution has been drafted per the findings of the Planning Commission
recommendation.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed approval resolution.
lsv
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 12 AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. 2194
WHEREAS, David Alan Sutherland (hereinafter "the applicant") is the owner
of the property located at 1365 Arbor Street within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 3, Block 2, Markville, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.03, Subdivision 12 and 10.28, Subdivision 5 (B) to permit
construction of a partial second floor over the existing residence structure located 3' from an
existing detached garage where a 1 O' setback is required, 29' from the street lot line where a
50' setback is required, and 18' from the side lot line where a 30' setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2194.
2. The property is located in the RR-lB, Single Family Rural Residential Zoning
District requiring two acres in area.
3. The Orono Planning Commission reviewed this application on November 18,
1996 and recommended unanimous approval of the proposed variances based
upon the following unique :findings and hardships:
A. The property consists of 7,000 s.f. and is subject to two acre zoning
standards for development.
Page 1 of 4
B. The proposed improvement will not result in further extensions into the
substandard yard areas.
C. The vacant lot to the immediate rear of property is legally combined with
developed homestead parcel to immediate south and will not be
developed as a single family residence.
D. The property is served with sewer.
E. The area and width of this property is consistent with developed lots to
the immediate south and southeast of property.
F. The property is located immediately west of the City's Old Crystal Bay
Road park.
G. The City has received no negative comments from property owners
notified of the proposed improvements requiring setback variances.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings and hardships, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections 10. 03, Subdivision 2 and
10.25, Subdivision 5 (B) to permit construction of a partial second story over the existing
residence and grants a 3' or 30% separation setback variance, a 21' or 42% rear setback
Page 2 of 4
variance and 12' or 40% side setback variance, subject to the following conditions:
1. Authorities granted by this resolution 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 (November 25, 1997).
2. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
3. 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 25th day of November, 1996.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner (s)
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of
November, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of _______ ~ 199_ 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-------~ 199_ 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 4 of 4
Application # .J---( 9 q
Date Received . , /(1 -J.. 5 -10
Amount Paid J ·;;:i_ ,+--. o , t, C.1
CITY OF ORONO -VARIANCE APPLICATION
L w~ L.()Cf-110\ r
Initial Application Fee $220.00
($50.00 per each additional variance)
~d~J
Renewal Variance Fee $120.00 # ~
(no change from original application) {~ -~~ '~:~
Variance for non-conforming structures $220. ;':~--: f'
After-the-Fact Fees (Double application fee) !~ ... ~~'"'
PROPERTY INFORMATION .
SiteAddress / 3 ~s u Y-bor s_+. (~,/'y_s hf /43 {.~Ll
Property Identificat10n Number (P.I.D.) / O-I I 7 -cc+_-3 3 i 0()-,J+
Attach legal description to application if not included on required survey.
Date Property Acquired 7 ,/ / d,-.-°J ~ (month/year)
I (do) (do n:ot) also own the adjacent parcels of land.
Present use of property: -...../' residential __ other (specify) _________ _
Zoning District: --------------------------
APPLICANT . , c . -. Phone (home) Lf-7 3 ~ L/+89
Name-.U/'\\Jlcl fr(cu\ ulA.+J'\cr(ctnd Phone(work) 47ci-1101
Address: / J t:S" lz Y' l:Jrr c; r t3cxJb I City: Q__ry.5h:--{ !otrt.1 Zip: 5:53 J-3
OWNER (if different than applicant)
Name
Phone (home) --------
----------------Phone (work) --------
Address: ------------City: ________ Zip: ___ _
(attach additional sheets if nee ssary)
VARIA~CES REQUIRED
Lot Area
Setback: Front
Lot Width Hardcover
Side Rear
__ Lot Coverage
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: ________________ _
(attach additional sheets if necessary)
7
. " ' .. -~
,.,
REQUIRED SUBMITTALS
I
All of the followini: infortnation must be submitted by the application deadline date in
order for your application to be considered complete:
1. c/
2. J
,., /
.) .
Completed Application Form
Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list , labels and map from Hennepin County Department of
Finance, A-603 , Govt Center, 348-3271).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
c ~lculations as required. In addition, provide one (1) copy 8 ½" x 11" for
reproduction.
4. Topographic survey (existing and proposed elevations) if any changes in existing
. grqde are proposed. In addition, provide one (1) copy 8 ½" x 11'' for reproduction.
5. __J_ Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
6. 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).
7. As an addendum to this application, please attach a separate list of any other
persons y ou wish notified of this application.
8. 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 re v iew of this application, and certifies that the
information supplied is true an correct to the st of his/her knowledge.
Date /o-zs--~~
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 in v erifi tion of this request.
~~~~~~--Date / (}-ZS--tj7 ~
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
Application # J.--( 1 if
Date Received . , / n -;;__ 5 -7 0
Amount Paid Jl,-;;;2_ ;)._ o • b 0
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00
($50 .00 per each additional variance)
w~ ~1Cf-110,
~d,J
,, ,A
Renewal Variance Fee $120.00 #
(no change from original application)
Variance for non-conforming structures $220.
After-the-Fact Fees (Double application fee) -~·
J.:lr~,..-:;_~,---,,,
i L:J.,
PROPERTY INFORMATION
SiteAddress /3~S u..rlD()r s~. Cd---y_sk( 2 (1.Li
Property Ident1ficat10n Number (P .I.D .) / O-I I 7 -.J-3 3 J oozy
Attach legal description to application if not included on required survey.
Date Property Acquired 7 -/;J-'j ~ (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: "-""'"residential __ other (specify) ----------
Zoning District: --------------------------
APPLICANT . , s Phone (home) l..f-7 3 ~ Lflf89
Name -J.)f\O t d A1 a.t'\ IA~Gr {ttnd Phone(work) Lf:7'1-1 1 0 ·1
Address: J 3 hr' {l r laor 5 r t3 cx. lb I City : Qf 15 W lob::( Zip: ~3 J.:3
OWNER (if different than applicant)
Name
Phone (home) --------
----------------Phone (work) --------
Address: ------------City : ________ Zip: ___ _
DESCRIPTION OF REQUEST _ L _ Estimated Construction ~ost $_~-----
Describe reA_uest in q.e !_~l : ~~ ~~ ~-~~ f:~ b~LDL Ko.1-b~'-~~\.,-~ ~,d-~~ ~I
(attach additional sheets if nee ~ry)
VARIAI\'.CES REQUIRED
Lot Area
Setback: Front
Lot Width Hardcover
Side Rear
__ Lot Coverage
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: ________________ _
(attach additional sheets if necessary)
7
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6
( 5)
247 .8
. JL-2 __________ ~iIJJ~~lO~JS6 _______ -~_vf_ __________ f __ ,_1 1·
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RUN DATE 10/18/96
BATCH 504
HENNEPIN COUNTY PROPERTY INFORMATION .SYSTEM
PROP·ADDR
OHNER NAME
TAXPAYER
NAME/ADDR
PR.OP ADDR
01-!NER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME ·
38 10-117-23 31 0048
01375 BROWN ROS
J E FRICKSTAD & DA MOEN
J E FRICKSTAD &,DA MOEN
1375 BROWN RDS
WAYZATA MN 55391
38 10-117-23 31 0051
01335 ARBOR ST
BARBARA J GARCIA
BARBARA J.GARCIA
BOX 114 1135 ARBOR ST
CRYSTAL BAY MN 55323
38 10-117-23 31 0054
01365 ARBOR ST
DAVID ALAN SUTHERLAND
DAVID ALAN SUTHERLAND
1365 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0098
02180 NORTH SHORE DR
MARTIN & ANDREA SCHNEIDER
ATELIER LESUEUR INC
2180 NORTH SHORE DR
WAYZATA MN 55391
TAXPAYER TOTAL BATCH 504 00012 ,
NAME/ADDR
. PROPERTY OWNERS LIST
38 10-117-23 31 0049
01380 ARBOR ST
TH & KS SMITH
.TODD H & KRISTEN S SMITH
1380 ARBOR ST
HAYZATA MN 55391
38 10-117-23 31 0052
01355 ARBOR ST
G C PETERSON & J H PETERSON
GREGORY & JULIANNE PETERSON
1355 ARBOR ST
WAYZATA MN 55391
38 10-111~23 31 0055
01385 ARBOR ST
EA LIBATIQUE ET AL H/L EST
ENRIGUE LIBATIQUE
BOX 139
1385 ARBOR ST
CRYSTAL BAY MN 55323
38 .10-117-23 31 0101
01335 BROWN RDS
' CITY OF ORONO
CITY OF ORONO
BOX 66 '
CRYSTAL BAY MN 55323
"
REPORT NO. PI43540l
PAGE 6
38 10-117-23 31 0050
01395 ' BROHN RD S
.pf' & L KALEY
PHILIP KALEY
1395 $ROWN RDS
WAYZATA MN 55~91
38 10-117-23 31 0053
01380 BRIAR ST
P BOHMAN & 8 BOWMAN
PAUL & BARBARA BOWMAN
3458 NORTH SHORE DR
WAYZATA MN 55391.
38 10-117-23 31 0056
02140 NORTH SHORE DR
DORIS I EISENKRAMER
DORIS I EISENKRAMER
2140 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 32 0019
02240 NORTH SHORE.DR
ART CENTER Of' MINNESOTA
MINNETONKA CTR FOR THE ARTS
2240 NORTH SHORE DRIVE
WAYZATA MN 55391
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CERTIFICATE OF SURVE:Y FOR·
·DAVE ·SUTHERLAND·· ·
IN LOT 3 BLOCK 2 .. ·MARK·VltLE
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'HENNEPIN ··coUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES
The East Half of Lot 3, Block 2., Markville
. o. : denotes iror::i rriarke·r .
Bearings shown are based upon an assumed datum .
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This survey intends to show the boundaries of the above described property, the location of
an existing house and garage, and the location of all visible "hardcover" thereon. It does not
purport t~ show any. p:~~er impr.ovements ,or. encroachments ...
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I hereby certify that this survey was pre'p'ar~d by' me or under my direct super-
vision, and that I am a duly registered CiviJ.,Engineer and Land·Surveyor under
the laws of the State of Minnesota.
oArE ,o~zs-96
SCALE I ": 20'
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· Mark'S. Gronberg Minnesota License Number lL/:J:; 10B rJ6."96~·4
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RUN DATE 10/18/96
BATCH 504
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LI~T
REPORT NO. PI435401
PAGE 7
I CERTIFY THAT TtlE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THISOATE ON 'THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELlEFitJ/,1. ID .h... ~ --. :f£ ..
DATE ~y lUG,; ~
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.. HARDC0\1ER CALCULATl01~. WUllli.~tl.KE 1 ,, -.---"'-_.:/,1c9,ICJ <f' ·
SETBACK ZONE: (CffiCLE ONE) , 0-75' 75-250'. 25-500; . "·'~iooo:),
!;;XISTING HARDCOVER IN ZONE
A. House X
l·,~. I:.ength
C.OM(, APR.ON ·x
X
•. , X , .. :,
B. Garage 22J -Z. X
C. Driveway X
X
D. ·Sidewalk X
WOOD SiGPS S,4 X
,,.
E. Patio/Deck X
GON~.~~wP{~tfPS 6 X
F. Landscape X
Underlain X
):3y Plastic. X
Or Fabric•
G. woof>
Other WAL\; X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ B
PROPOSED HARDCOVER IN ZONE
A. House X
Leng-th
X
X
. X
B. Garage X
C. Driveway X
x_
o: Sidewalk X
)C
E. Patio/Deck )C
)C
Landscape
i-.~-F. x
Under.lain X
By Plastic X
"Or Fabric ' ,\ , .h)
G. '•·oct1er" X "
TOT AL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
=
Width
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= ... 1' ¼ ,,., ... .. { t.;r,. it"
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CERTIFICATE OF ·suRVEY .FOR.... •,.,
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LEGAL DESCRIPTION OF PREMISES
The E9st Half of Lot 3, Block. _2., Markville
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I hereby certify that this survey was prepared by me or under my direct super-
vision, and that I am a duly registered Civil Engineernnd Land Sufyeyor u'nder
the laws of the State of Minnesota.
DATE JO-Z.5 •96
SCALE I ": 20'
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Mark S. Gronberg Minnesota License Number 127'.:l'.:l JOB NO. 96•4
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CITY of ORONO
November 20, 1996
David Alan Sutherland
Box 161
Crystal Bay, 11N 55323
Dear Mr. Sutherland:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The enclosed approval resolution will be presented to the Council for their review and formal
action at their November 25, 1996 meeting. Please note the meeting commences at 7:00 p.m.
You are asked to review the findings and conditions of the resolution and to contact staff prior
to the meeting if you have any questions.
Sincerely,
J /1 '---...7 I / l
\ ·~t. -tl /cf._ ,__J . )/ UL Ou (bill .. •J:," ff()
Jeanne A. Mabusth
Building & Zoning Administrator
JAM/lsv
Enc.
Telephone (612) 473-7357 • FAX 473-0510
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON NOVEMBER 18 , 1996
(#8 -#2193 MCWD -Continued)
McMillan asked what type of wetland was involved in the application. Syverson said the
wetland was DNR classified type 3. McMillan asked if there w as any purple loose strife
found in the wetland . Syverson said he was not aware of any but did understand the need
to monitor the situation. McMillan asked about the shape of the pond. Syverson said the
shape was drawn to fill the easement and maximize the storage. The plan calls for a break
in the grade and planting of emergent vegetation. A wetland specialist will assist in the
landscape plan. Maple indicated MCWD had a working relationship with the Landscape
Arboretum . McMillan asked if the MCWD had any idea where the phosphorus was
coming from. Syverson said it was a non-point source. Runoff was noted to be a
contributing factor. McMillan noted the need to educate the land owners regarding this
issue. Maple said phosphorus is a major concern of the MCWD noting animal and
vegetation loading is heavy .
Coleman voiced a concern w ith problem of back up in the area of the private road. She
asked that coverings or grates be placed to alleviate clogging from logs . Syverson said the
clogging issues have been addressed but there is a problem with two culverts under two
driveways . He thought the City maintained the culverts but said the MCWD could look at
screening. Bick asked who was responsible . Lindquist noted the road is private and the
upkeep is the responsibility of the property owners.
Smith asked what communication has taken place between the neighbors and the MCWD.
Syverson said he has spoken with the two land owners affected by the application. Smith
·suggested the notification process be broadened. McMillan noted the project included .
hauling on a private road implying the property owners using the road should be notified .
Coleman indicated that she was notified of the hauling .
Maple noted that there has been no decision made by the board of the MCWD to do work
down stream of the driveways at this time .
Lindquist moved, Hawn seconded, to approve Application #2193 with Staff
recommendations 1-10 . Vote : Ayes 5, Nays 0 .
(#9) #2194 DAVID ALAN SUTHERLAND, 1365 ARBOR STREET-VARIANCES
-UBLIC HEARING 9:52-9:58 P.M.
The Affidavit of Publication and Certificate of Mailing were noted .
The Applicant was present.
20
MINUTES OF THE ORONO PLANNING COMMISSION
:MEETING HELD ON NOVEMBER 18, 1996
(#9 -#2194 David Alan Sutherland -Continued)
Mabusth reported that the plat map indicates the lot to be 7,000 s.f in size. The applicant
is proposing construction of a partial second level over the single story residence. The
existing single stall garage is located 3' from the residence. The application does not
require any structural coverage variance. The residence is located in the 500-1000'
setback area allowing 35% hardcover. There will be no change to the hardcover which
exists at 28.26%. Setback variances are required due to the location of the existing
structure at 18' side setback and 29' rear setback. The bedroom expansion results in an
intensification requiring to wrap the existing variances. Mabusth indicated that she has not
received any comments after notification from the adjacent neighbors. A neighbor did
request a copy of the application.
The applicant had no additional comments.
Smith was informed that the construction would be contracted out.
There were no public comments.
The applicant plans to complete the second story construction in about four years which
will require a new permit. The applicant informed Berg that the currently proposed
improvement will be completed within the one year time limit allowed. It was noted that
there were several evergreens to the east and south of the proposed construction which
will be lost. The applicant informed Smith that it was his intent to add more landscaping
and trees across the back and side of the property.
McMillan moved, Hawn seconded, to approve Application #2194 for side and rear
setback variances. Vote: Ayes 5, Nays 0.
'·
(#10) #2195 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE -
COMMERCIAL SITE PLANN ARIANCES -PUBLIC HEARING 9:58-10:51 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was represented by Mary McConnell and Jeff Melby.
21
q_
TO: Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: November 12, 1996
SUBJECT: #2194 David Alan Sutherland, 1365 Arbor Street -Variances -Public Hearing
Zoning District: RR-1B, 2 acre minimum lot size
Lot area= 7,000 s.f. (property is served with sewer).
Application: Applicant seeks approval of the side and rear setback variances to permit construction
of a partial upper level second story/second story over the existing structure. The existing residence
structure is located 3' from the existing single stall garage. The following ordinances are pertinent
for this review:
1. Section 10.03, Subd. 12 -Separation setback from structures.
Required = 1 O'
Existing = 3'
Variance = 7'
Proposed = 3'
Variance = 7'.
2. Section 10.03, Subd. 14(C) -Review of structural coverage.
Total area= 7,000 s.f.
Allowed= 1,500 s.f.
Existing = 1,100 s.f.
Proposed = 1,100 s.f.
No variance required.
3. Section 10.22, Subd. 2 -Review of hardcover.
500-1,000' setback area= 7,000 s.f.
Allowed= 2,450 s.f. or 35%
Existing= 1,978 s.f. or 28.26%
Proposed= 1,978 s.f. or 28.26%
No variance required.
4. Section 10.28, Subd. 5(B) -Rear and side setback variances.
A. Rear setback
Required = 50'
Existing and proposed = 29'
Variance 21' or 42%.
Zoning File #2194
November 12, 1996
Page 2
B. Side setback
List of Exhibits
Required= 30'
Existing and proposed= 18'
Variance= 12' or 40%.
A -Application
B -Plat Map
C -Property Owners List
D -Survey
E -Hardcover Facts
F -Site Plan
G 1-2 -First Floor Plan and Partial Second Floor Plan
H -South or Side Elevation
I -West or Rear Elevation
Description of Request
Applicant seeks approval of a side and rear setback variances for construction of a second level
above the rear section of residence located within substandard side and rear yards. Intensification
of the structure within the required yard areas require variance approvals. The existing single stall
garage and residence structure are divided by a 3' setback. The current code requires a 1 O' setback
as applicant is intensifying portions of the structure within the substandard separation setback. This
too requires variance approval. Review Exhibit I, the 2'+ overhang will be higher than garage roof
but may still require special fire wall construction.
Review Exhibit A, applicant notes the proposed improvement is the first phase of construction of
a complete second story estimated to be completed some time in four years. The second story above
the remaining portion of the house will require a side and street setback variance at the time
applicant is ready to proceed with the improvement.
Review of Hardships
1. Subject property consists of 7,000 s.f. and is subject to 2 acre zoning standards.
2. Proposed improvement will not result in further extensions into the substandard yard areas.
3. Lot to rear of property is vacant.
4. Property is served with sewer.
Zoning File #2194
November 12, 1996
Page 3
5. Review Exhibit B, the area and width of the lot is consistent with developed lots to
immediate south and southeast of the property.
6. Property is located immediately west of the City's Old Crystal Bay Road park.
7. The City has received no negative comments from property owners notified of the proposed
improvements requiring variances.
Issues for Consideration
1. Applicant should be advised if members see any problem with the proposed improvement
scheduled in four years.
2. Will applicant be able to save mature evergreens to east and south of proposed construction?
3. Other issues raised by the Planning Commission.
Options of Action
To either approve as proposed or amended.
ch
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-0510
The Planning Commission will hold public
hearings in the Council Chambers at 2780
Kelley Parkway on Monday, November 18,
1996, the meeting commences at 7:00 p.m.,
on the matter of reviewing the following land
use applications:
1. #2187 Donald and Robin Helgager of 3265
Sixth Avenue North have applied for
lakeshore setback, average lakeshore
setback and front (street) setback variances
and for a conditional use permit to allow the
construction of a guest apartment and other
additions to the existing residence.
2. #2188 Mary K. Rice, owner of the property
located at 1570 North Arm Drive, seeks
approval of a hardcover, street setback and
lot coverage variance to allow construction of
a single stall attached garage.
3. #2189 Stonegate Farm, Inc. located at·
2940 Sixth Avenue North has filed a
conditional use permit _for the filling of
approximately 4,000 cubic yards of fill for the
purpose of installing an approximate 8' high
berm along the south street lot line (Sixth
Avenue North).
4. #2191 Walter and Sharon Wittmer of 2780
Shadywood Road seek approval of a
hardcover variance (75-250' setback area) to
permit construction of a single stall two level
garage addition at the west side of the
existing residence.
5. #2192 Robert Beutler, the owner of the
property located at 1331 North Arm Drive,
seeks approval of a lot width variance to
permit construction of a new residence. The
existing residence shall remain providing
additional living space for year-round storage
and office/workshop area.
6. #2193 Minnehaha Creek Watershed
District has filed for a conditional use permit
for land alterations within a wetland/flood
plain area. The proposed activity includes
maintenance and improvement of the South
Katrina wet detention pond located at
4680/4700 Creekwood Trail, ·involving the
removal of approximately 3,900 cubic yards
of material and construction of an outlet
control structure.
Affidavit of Publication
7. #2194 David Alan Sutherland of 1365
Arbor Street has filed a street and side
setback variance to permit construction of a St t f M" t C t f H ·
second floor over rear of the existing single a e O mneSO a, OUn Y O ennepin,
story strucutre. · Applicant also seeks
approval of a separation setback as existing
structure does not meet the required 10' Bill Holm being duly sworn on oath says that he is
separation from the detached garage within ' '
north side yard. an authorized agent and employee of the publisher
8. #2195 Genmar Industries, Inc., owne/ of of the newspaper known as THE LAKER, Mound,
Minnetonka Boatworks, 1449 Shoreline .
Drive, has applied for a conditional use permit Minnesota, and has full knowledge of the facts
and variances for the construction of a h" h d b I
parking lot on the west side of Shoreline Drive W IC are State e OW:
(County Road 15). The request includes
excavation and removal of approximately
5,000 cubic yards of material from the site. A.) The newspaper has complied with all the
The proposal requires variances for
excavation and hardcover within the 0-75' requirements constituting qualifications as a
lakeshore setback zone.
qualified newspaper, as provided by Minnesota
9. #2196 Genmar Industries Inc., owner of
Minnetonka Boatworks, 1449 Shoreline Statute 331 A.02, 331 A.07, and other applicable
Drive, has applied for a commercial site plan
review and variances for construction of a laws, as amended.
new building to replace the existing building ;• / . ~k..,
on the property. The proposal requires . . /
variances for lakeshore and street (front B.) The pr·inted ,JU?/! /JJ() (TJ': '_ /!fl{/; i{flJj yard) setbacks, 0-75' and 75-250' hardcover, --<:._/ J '-~ ,-1.. ---
and a variance to the number of required ·
parking stalls.
1 0. #2198 John O'Sullivan and North Central
CSA, Inc_. have applied for a commercial site which is attached was cut from the columns of said
plan review and variances for the former
Grace Baptist Church property at 2380 newspaper, and was printed and published once
Shadywoocn:!oad. The property 1s zoned 8-/
5, Limited Neighborhood Business District.· each week for _ __,_ __ successive weeks:
The proposed use of the site is for light
retail/office use. The application includes a
request for variances for structure height, lot
coverage by structures, front yard setback for
parking, and hardcover in the 500-1000'
setback area.
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
Jeanne A. Mabusth, Building & Zoning
Administrator
(Published in The Laker and Pioneer Nov. 2,
1996)
It was first published Monday,
the ol day of i/4emlau 19</i-_,
and was thereafter printed and published every
Monday, to and including Monday,
the ___ day of _______ 19 ·
~gent
0
Subscribed and sworn to me on this
By:
KRISTI HOLM
NOTARY PUBLIC -MINNESOTA
MY COMM. EXPIRES 1-31-:2000
ate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $12.20 per inch.
(2) Maximum rate allowed by law for above matter: $12.20.
(3) Rate actually charged for above matter: $7.00 per inch.
Each additional successive week: $5.05.
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CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
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 pri vate or confidential information.
y OU 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
on yourself.
6. Your full name is ·required to process this application or permit.
J)w,d Al a_" ---SLA:±b Cr I a_nd
First Middle Last
!3(£ LLy" b r-5+. eo . /3 ox ,
Address
~-J ' '1.s-hJ 160!:f; f,t\ f\. $S3c)3
State . Zip City
I understand my righ~bovf"'\
XM·}51. ~ J;::
Telephone (612) 47'3-7357 • FAX 473-0510
10
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lf73 ,-Lf4~J
Phone
Sec.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 investigl;ltive 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.
11
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 #2194, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 1st day of November, 1996.
Jamie ~
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-0510
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, November 18, 1996, the meeting commences at 7:00 p.m., on the matter of
reviewing the following land use applications:
1. #2187 Donald and Robin Helgager of 3265 Sixth Avenue North have applied for lakeshore
setback, average lakeshore setback and front (street) setback variances and for a conditional
use perz:i;iit to allow the construction of a guest apartment and other additions to the existing
residence.
2. #2188 Mary K. Rice, owner of the property located at 1570 North Arm Drive, seeks
approval of a hardcover, street setback and lot coverage variance to allow construction of a
single stall attached garage.
3. #2189 Stonegate Farm, Inc. located at 2940 Sixth Avenue North has filed a conditional use
permit for the filling of approximately 4,000 cubic yards of fill for the purpose of installing
an approximate 8' high berm along the south street lot line (Sixth Avenue North).
4. #2191 Walter and Sharon Wittmer of2780 Shadywood Road seek approval of a hardcover
variance (75-250' setback area) to permit construction of a single stall two level garage
addition at the west side of the existing residence.
5. #2192 Robert Beutler, the owner of the property located at 1331 North Arm Drive, seeks
approval of a lot width variance to permit construction of a new residence. The existing
residence shall remain providing additional living space for year-round storage and
office/workshop area.
6 . #2193 Minnehaha Creek Watershed District has filed for a conditional use permit for land
alterations within a wetland/flood plain area. The proposed activity includes maintenance
and improvement of the South Katrina wet detention pond located at 4680/4700 Creekwood
Trail, involving the removal of approximately 3,900 cubic yards of material and construction
of an outlet control structure.
7. #2194 David Alan Sutherland of 1365 Arbor Street has filed a street and side setback
variance to permit construction of a second floor over rear of the existing single story
structure. Applicant also seeks approval of a separation setback as existing structure does
not meet the required 1 O' separation from the detached garage within north side yard.
PLANNING COMMISSION MEETING -NOVEMBER 18, 1996
8. #2195 Genmar Industries, Inc., owner of Minnetonka Boatworks, 1449 Shoreline Drive, has
applied for a conditional use permit and variances for the construction of a parking lot on the
west side of Shoreline Drive (County Road 15). The request includes excavation and
removal of approximately 5,000 cubic yards of material from the site. The proposal requires
variances for excavation and hardcover within the 0-75' lakeshore setback zone.
9. #2196 Genmar Industries, Inc., owner of Minnetonka Boatworks, 1449 Shoreline Drive, has
applied for a commercial site plan review and variances for construction of a new building
to replace the existing building on the property. The proposal requires variances for
lakeshore and street (front yard) setbacks, 0-75' and 75-250' hardcover, and a variance to the
number of required parking stalls.
10. #2198 · iohn O'Sullivan and North Central CBA, Inc. have applied for a commercial site plan
review and variances for the former Grace Baptist Church property at 23 80 Shadywood
Road. The property is zoned B-5, Limited Neighborhood Business District. The proposed
use of the site is for light retail/office use. The application includes a request for variances
for structure height, lot coverage by structures, front yard setback for parking, and hardcover
in the 500-1000' setback area.
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
Jeann,l A. Mabusth, Building & Zoning Administrator _ _,.,
To be published the week of November 4, 1996.