HomeMy WebLinkAboutProject PacketA RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISION 14 (C) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2109
WHEREAS, Todd Smith (hereinafter "the applicant") is the owner of the
property located at 1380 Arbor Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 4, Block 1, Markville, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit
construction of a 10'xl4' three season porch to be located 12.3' from the north side lot line
where a 30' setback is required and 10' from the east rear lot line where a 50' setback is
required. The proposed structural improvement will result in total lot coverage of 32% or
1,763 s.f. where the code would have allowed 1,500 s.f. or 27.2% and where 32% exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2109.
2. The property is located in the RR-lB, Rural Residential Zoning District requiring
2 acres in area. The property consists of 5,506.2 s.f. or .126 acres.
3. The Orono Planning Commission reviewed this application on February 20,
1996, and recommended approval of the variances as proposed based upon the
following unique findings and hardships:
Page 1 of 5
A. Lot is .126 acres in area and subject to 2 acres zoning standards.
B. Lot was created and residence constructed prior to zoning requirements.
C. There are no adjacent lands available to combine with substandard
property.
D. A large open space park exists to the immediate north of property.
E. The residence is served with sewer.
F. New three season porch will be constructed within the exact building
footprint of the previous roofed patio area at 10'x14'.
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 variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
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, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and Section
10.28, Subdivision 5 (B) to permit construction of a 10'xl4' three season porch and grants a
north side setback variance of 17.7' or 59% and rear setback variance of 40' or 80% and grants
a lot coverage excess of 263 s.f. or 4.7%, subject to the following conditions:
Page 2 of 5
I. Applicant to obtain a penalty building permit before work can commence on
reconstruction of three season porch.
2. Applicant and future owners are hereby advised that any future requests to add
structural improvements to the existing residence where 32% of structural
coverage exists must be matched with either equal or greater removals of
existing structure.
3. 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 (March 11, 1997).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Page 3 of 5
Adopted by the Orono City Council on this 11th day of March, 1996.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Acting Mayor
Property Owner( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of
March, 1996, by Gabrield Jabbour, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
Notary Public
Page 4 of 5
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mr. and Mrs. Todd Smith
1380 Arbor Street
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
DATE OF MEETING: 03/11/96
APPLICATION NO. #2109
NOTICE OF COUNCIL ACTION
Date of Notice: March 20, 1996
COPIES:
, _______________________ _
VOTE: 4 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.
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 March 11, 1997. Please note you must obtain penalty building permit before work can
commence on the reconstruction of your three-season porch.
Please contact Jeanne Mabusth if you have any further questions concerning the review of your
application.
lsv
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: 3/1/96
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2109 Todd Smith, 1380 Arbor Street -Variances -Resolution
Zoning District: LR-1B
Brief Review of Application
Applicant has filed a side, rear and lot coverage variance application to allow applicant to complete
the construction of a 10'xl4' enclosed three season porch. The building staff had posted a stop work
order and advised the applicant of a need to file the variance. A roofed grade level patio existed
within the same footprint as the proposed three season porch. The roofed patio is basically open on
three sides. The new stmcture will be totally enclosed and cement floor patio will remain as the
floor of the new structure. Review Exhibit H, approximately three-quarters of the roof of the house
extended over the patio and plastic panels were added to cover the remainder of the grade level patio.
The four member Planning Commission recommended unanimous approval of the variances as
proposed based on the hardship statement provided by applicant, Exhibit E. Planning Commission
members recommended that approval include a condition that would place both current and future
owners on notice that any future requests to add new structural improvements to the residence must
be matched with either equal or greater removals of existing structure.
Please review the enclosed staff memo dated 2/12/96 that provides more detail on the issues of this
review. The enclosed approval resolution has been drafted per the findings and conditions of the
Planning Commission recommendation.
COUNCIL ACTION REQUESTED:
· To either deny, approve or amend the enclosed approval resolution.
ch
5 .
TO: Chair Peterson and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: February 12, 1996
SUBJECT: #2109 Todd Smith, 1380 Arbor Street -Variances -Public Hearing
Zoning District: RR-lB
Application: Applicant seeks approval of side, rear and lot coverage variances to allow applicant
to proceed with completing 1 0'xl 4' enclosed three season porch. A stop work order was posted
when the building inspector discovered the reconstruction in process . The following ordinances are
pertinent for this review:
1. Section 10.28 , Subd. 5(B)
A. Side setback variance
Required= 30'
Proposed= 12.3'
Variance= 17 .7' or 59%
B. Rear setback variance
Required= 50'
Proposed = 1 0'
Variance = 40' or 80%.
2. Section 10.03 , Subd. 14(C) -Review of structural coverage.
Total lot area= approximately 5,506.2 s.f.
Allowed= 1,500 s.f. or 27.2%
Existing= 1,763 s.f. or 32%
Proposed= 1,763 s.f. or 32% ( 49 s.f. of area that extends beyond original
roof line of residence)
List of Exhibits
A -Application
B -Plat Map
C -Property Owners List
D-Addendum
E -Hardcover Statement
F -Neighbor's Acknowledgment Form
G -Survey for Application #681 , 1982 Variance Review
H -Elevations
I -Current Survey
Zoning File #2109
February 12, 1996
Page2
Description of Request
As part of the major renovation of the older residence, the applicant wishes to enclose a former
roofed patio that was partially framed. Applicant has provided a photo of the original structure for
Planning Commission's review. Portions of the patio that was not covered by the original roof line
approximately 3 1/2'x14' was roofed with a translucent plastic panel. The applicant plans to
reconstruct a three season porch within the exact area. The porch will remain at 10'x14'. The
original cement slab will be enclosed. There is no change in the lot coverage facts as the roofed
patio area has also been included in the structural inventory.
Review Exhibit G, in 1982 the former owner received approval of front, side and rear setback
variances that allowed a 1 0'x30' addition to the south side of the existing residence providing
additional bedroom and living room area. The main issue for that review was that the property was
still served by an on-site septic system. The property is now served by sewer. Note the survey of
1982 does not show the roofed patio area. The improvement was made some time after 1982.
Applicant's addendum, Exhibit D, confirms that structure was in place at the time of their purchase
five years ago. As already noted, we have photos of the former roofed patio.
Issues for Consideration
1. The code does not distinguish between a roofed patio or three season porch as it relates to
structural coverage and setback controls. What of the intensification of the mass of structure
or the visual impact on adjacent properties?
2. The three season porch now becomes part of the principal structure. Should the porch area
be trimmed back to the area beneath the original roofline (6 1/2'x14')?
3. Will the deck have to be altered again to provide access to the well? How is access to be
achieved when the next well problem arises?
4. Other issues raised by the Planning Commission.
Hardship Statement -refer to Exhibit E
They are reviewed as follows:
1. The lot is 5,506.2 s.f. and subject to 2 acre zoning standards.
2. The lot was created and residence constructed prior to zoning requirements.
3. There is no adjacent lands available to combine with property.
Zoning File #2109
February 12, 1996
Page 3
4. The residence is served with sewer.
5. A large open space park exists to the immediate north of property.
Options of Action
To either deny, approve or amend the current proposal.
ch
CITY OF ORONO -VARIAN CE APPLICATION
Initial Application Fee $220.00
($50.00 per each additional variance)
Renewal Variance Fee $120.00
(no change from original application)
Variance for non-conforming structures $220.o·
After-the-Fact Fees (Double application fee)
Application # ,9 I O CJ
Date Received l/:1.1,, /'1~ f}
Amount Paid .r ;) d-tJ -'d-0
~-fU
PROPERTY INFORMATION
SiteAddress /3 8:0 lrRBoR ~r
Property Identification Number (P.I.D.) ------------------Attach legal description to application if not included on required survey.
Date Property Acquired b -1 (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: -2s_residential __ other (specify) ----------Zoning District: __________________________ _
APPLICANT
Name ....,.-;-Db S'M ind
Address: / ~ &O ,Ai'_£>ct?-S'I'
OWNER (if different than applicant)
Name
Phone (home) L/7t.,-gs-?S-
Phone (work) ~ rt•-<?o-o--u
City:----'c"""~-"'"'-~--=-------Zip: ~;? '.i I
Phone (home) --------
----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ -------
Describe request in detail: Ke~s:±:rcu::<;i: P-... 3 i~ev--.. ·c::,~·ccJ---, .~,,.,,.,_
,... p ,r:E,. -e.,, )('; s+-,'v::ry "' /'.'\-L / 0 ' y., / r/ .
(attach additional sheets if necessary)
VARIANCES REQillRED
Lot Area
/ Setback: Front
Lot Width
X Side
Hardcover
_£Rear
K 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
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1. Completed Application Form
2. 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).
3. Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
4. ~mG ~JJP'@~' (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
5. 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 you 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 review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant's Signature c·~;?:;if-1 0. ,d:~~--
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request. --. __--tl / "'/7 ,
Owner's Signature _,/0/4 v. 0i= Date /-7 7 ~-ft (-_.,_ __ ~_-'-____ , ----
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
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00
($50.00 per each additional variance)
Renewal Variance Fee $120.00
(no change from original application)
Variance for non-conforming structures $220.0
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
SiteAddress /3 8'.0 aRBtAR ~T
Application # ·i: J I) Y
Date Received I/ :Z t, I t:t ~-
Amount Paid .r .J ,;L I) .. M
Property Identification Number (P.I.D.) __________________ _
Attach legal description to application if not included on required survey.
Date Property Acquired ~ -o/ · (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: ~residential __ other (specify) _________ _
Zoning District: ---------------------------
APPLICANT
Name ~/::,p S'v'::1 11td
Address: I ~ &¢ /4.-f .. \:7,cfl. S,
OWNER (if different than applicant)
Name
Phone (home) '-/ 7 I:, -iS-'15~~
Phone(work) -' -~-c.~~
City:~D_1?-e~·=l~_~~----Zip: CS-'? •7 I
Phone (home) --------
-----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $
·-(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
Setback: Front
Lot Width Hardcover
>r 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)
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BATCH 002
PROP ADDR
OHNER NAME
TAXPAYER
NAM.E/ADDR
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TAXPAYER
NAME/ADDR
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38 10-117-23 11 0002
00038 ·ADDRESS UNASSIGNED
MCLEOD CNTY REG RAIL AUTH.
DAKOTA RAIL INC
25 ADAMS ST N.
HUTCHINSON MN 55350
38 10-11.7-23 31 0050
01395 BROHN RDS
Pf & L KALEY
PHILIP KALEY
1395 BRO~~N RD S
HAYZATA MN 55391
38 lO~il7-23 31 0054
01365 ARBOR ST
J .E SUTHERLAND & J GUNION
J E SUTHERLAND
4865 MAIN STE
MAPLE PLAIN MN 55359
38 10-117-23 31 0101
. 01335 BROWN RD S
CITY OF ORONO
CITY OF ORONO
BOX 66
CRYSTAL BAY MN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 31 0048
01375 BROHN RDS
J E FRICKSTAD & D·A MOEN
J E FRICKSTAD & DA MOEN
1375 BROl'lN RDS
HAYZATA MN 55391
38 10-117-23 31 0052
01.355 ARBOR ST
G C PETERSON & J H PETERSON
.GREGORY & JULIANNE PETERSON
1355 ARBOR ST
HAYZATA MN 55391
38 10-117-23 31 0055
01385 ARBOR ST .
EA LIBATIQUE ET AL H/L EST
ENRIGUE L.IBATIQUE .
BOX 139.
1385 ARBOR ST
CRYSTAL BAY MN 55323
TOTAL BATCH. 002 00010
REPORT NO. PI435401
38 10~117-23 31 0049
01380 ARBOR ST
T H & K S SMITH
PAGE l
TODD H & KRISTEN S SMITH
1380 ARBOR ST
· HAYZATA MN 55391
38 10-117-23 .31 0053
01380 BRIAR ST
P BOl'lMAN & B BOHMAN
PAUL & BARBARA BOHMAN
3458 NORTH SHORE DR
HAYZATA MN 55391
38 10-117-23 31 0056
02140 · NORTH SHORE DR
DORIS I EISENKRAMER
DORISI EISENKRI\MER
2140 NORTH SHORE DR
HAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT. OF PROPERTY TAXATION, TO THE BEST
DATE/ '{ 76 BY 0)-<.v · ~&h,
OF MY, KNOWLEDGE AND BELIEF,~ . ,, •~ .·.• ~.·.
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Adjacent Property wners' &1~kilowledgemen~· Form
I (we) -~M ~ €° f o_'-c.,~r&() of
[print name(s)]
~ ·1-r-\()tt-0 -"'-'K~ s.., ·
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at t~6() 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.
/·-2 'i -~c;;-
Date
Property Owner Date
******************************************************************************
I (we)µ ci
[print name( s)]
of_+-,f 3,......,,..._,.l "-+~:S:-__,__t6.....:....ce_b:s-=....,_\ __
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at r~ 8 0 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.
-=r.ar <y)i
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 Bu1lding & Zoning Office at least 10 days
prior to the scheduled meeting date. ·
9
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6-008
. 60'
CERTIFICATE OF SUR·VEY FOR
TODD SMITH
IN LOT 4, BLOCK 1, MARKVILLE
,,·1,.:,_
HENNEPIN COUNTY, MINNESOTA
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,vi~ ~~q.16 ,..~~sured ~ 0 155.0 plo.t 52,
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That _ ~aft nf ' Lot '4, Block 1, Markville, desciibed as follows:
Beginning at the Northwest corner of said Lot 4; t hence Ea~t
alo~g the North line of said lot to a point equidistant frb~
the Northwest and Northeast corne~s 9f said .Lot 4; thence ·
Southwesterly to a point in the South line of said Lot 4
. e q u i d i s t a n t f r om t h e · S o u t h \v e s t .. _. a n d S o u t h e a s t c o r n e r s o f s a i d
lot; th~nce West along the South lin e of said Lot 4 to the
Southwest corher of said lot ; thence North ~long the Wesi line
of said Lot 4 to the point of beginning.
, , ' I,~, II
o: denotes iron marker ·
Bea0i .ng~ sh6wn are based upon an assumed datum~·
Date of the original survey was 4-7-82.
Additional field work was done on 1-11.--:96 ..
/
Thi s s ti rvey inte nd s to show the boundaries of the above descr i bed
property, and the location of an existing house thereon. It doe s
not purport to show any other improvements or encroachme~ts.
: 1-'.
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-~ 4~:! l.1111 ,H,K i-. AH'lllll' • Lllll~ L1i-.L·. MN JJ>'lh
h 12--F:l--H-l I
I hereby certify that this survey was prepared by me or under my direct super-
vision, and th11t I aIT) a duly registe,red Civil Engineer and Land Surv.eyor under
the laws of the State of Minnesota .
,~~-, ·~.
Mark S. Gr.onberg Minnesota License· Number 1-2755
\'\
DATE 4--7-82 ·orig. Stfrvey
/-//·96 . /t?c,de 1,,-ae
SCALE J 11: 301
JOB NO . 96 -008
CITY of ORONO
March 1, 1996
Mr. and Mrs. Todd Smith
1380 Arbor Street
Wayzata, Minnesota 55391
Dear Mr. and Mrs. Smith:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Please review the enclosed approval resolution that will be presented to Council for their review and
formal action at their March 11, 1996 meeting. Please contact my office prior to the meeting if you
have any questions pertaining to the findings and conditions of the resolution.
Sincerely,
/-)
~/Z-/~ ?.9:td~fl~
~ Jd d.
Jeanne A. Mabusth
Building & Zoning Administration
JAM/ch
Enc.
Telephone (612) 473-7357 • FAX 473--0510
:MINUTES OF THE ORONO PLANNING COrvIMISSION
MEETING HELD ON FEBRUARY 20, 1996
(#4 -#2106 William and Laura Stoddard -Continued)
Mabusth reminded the Commission of the approved application in 1994 for a guest house
use. The structure, at that time, did not have a bath or kitchen and has now been
converted and refurbished . A fire, which begun in the refiigerator, destroyed a wall of the
guesthouse. The application is to replace the exi sting wall, which is located 3. I' from the
side lot line, requiring a variance. Before reconstruction can begin , approval is needed .
There will be no changes in the building envelope.
Stoddard said the fire occurred two weeks after the guest house refurbishing was
completed, while they were away. He noted that the rule requiring a gypsum wall to
protect a house from a fire beginning in the garage working in reverse as the fire occurred
in the kitchen and protected the garage area. Stoddard said the structure has been on the
property for over 3 5 years.
Schroeder inquired how the fire started. Stoddard said the fire personnel and investigator
could find no reason for its occurrence. It started in the refiigerator, not in the wiring, and
there is nothing left of the refiigerator other than sheet metal.
There were no public comments.
Lindquist moved, Hawn seconded, to recommend approval of the side setback variance to
allow the reconstruction of the portion of an exterior wall of the guest house. Vote Ayes
4 , Nays 0. The application was noted to be on the agenda for the upcoming Council
meeting.
(#5) #2109 TODD SMITH, 1380 ARBOR STREET -VARIANCES -PUBLIC
HEARING 7:11-7:22 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Mabusth reported that the application was for side, rear, and structural coverage variances
to construct a 3-season, 10'x14' porch. A survey was done in 1982 in preparation for an
earlier variance application for a 10'x30' addition for a bedroom/living room. There was
concern at that time because the property was not sewered. The property is now sewered.
The porch, however, was not shown on the survey in 1982 and has since been constructed
over the paved patio. 6-1/2' portion is covered by roof extension and the remaining 3-1/2'
by plastic panels . Mabusth reviewed the elevation showing the principal structure addition
noting that the expansion will not go beyond the existing envelope or existing paved
10'xl4' area.
20
:MINUTES OF THE ORONO PLANNING COMMISSION
:MEETING HELD ON FEBRUARY 20, 1996
(#5 -#2109 Todd Smith-Continued)
Hawn said she had no problem with the application but questioned the access to the rear
of the property. She requested that no more hardcover be laid to establish any pathway.
Mabusth asked the applicant how the well would be accessed. Applicant said he would
take the lilac bushes down.
Schroeder asked how the applicant would access the rear. The applicant said he would
shovel to the back door and would walk on the grassed area to access the rear.
There were no public comments.
Mabusth noted a letter from neighbors, Gregory and Julianne Peterson, which Schroeder
read as part of the public record, who voiced their support of the project.
Smith brought attention to the structural coverage and its excess amount over the
allowable. Smith said she would prefer that the corner of the addition be taken off so it
would not extend past the line of the adjacent two houses. Smith also said that if the
application was approved, she would request that a recommendation of no structural
improvements be noted in the resolution. Schroeder commented that the application
called for no additional increase. Mabusth and Smith commented that the addition would
be of a more permanent nature. Schroeder asked if sewering was a factor to consider,
which Smith agreed did help.
Hawn said the fact that the property was adjacent to a park made the application more
appealing.
Smith noted that a fence separated the property from another garage which would,
otherwise, almost appear to be on the same property. Smith asked the applicant about
lumber laying on the property. The applicant said it was part of the front siding being
installed.
Schroeder said the improvements were nice but did note the small lot with a large amount
of structural coverage.
Lindquist said he concurs with Smith on the request that no additional structure be
allowed. Smith said future owners need to be aware of this request.
21
11INUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 20, 1996
(#5 -#2109 Todd Smith -Continued)
Smith moved, Lindquist seconded, to recommend approval of side and rear variances for a
3-season porch with the provision that the applicant understands that no future structural
coverage would be approved without a matching removal to maintain the level of
coverage as it now stands. Schroeder noted that this would not bind a future commission.
Mabusth said the request would be passed on to the Council. Vote: Ayes 4, Nays 0.
(#6 -#2110 JOAN DAYTON, 2465 FRENCH LAKE ROAD -VARIANCES -
PUBLIC HEARING 7:22-7:38 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Bob Dayton was present.
Mabusth reported that the property in question consists of Lots 1, 2, 3 of the Johnson
French Lake 2nd Addition, lakeshore lots adjacent to French Lake South Basin. A
redefinition of the North Basin of French Lake reclassified the area to the north as
wetlands in 1992. Now, instead of a 150' setback from an environmental lake, a 26'
setback is required from the wetlands. This results in an improvement to the building
envelope for Lot 1 and has opened up the 75-250' zone for Lot 2. Mabusth noted that a
1980's application granted a permit for a deck. Up to 1992, the 75' setback was required
for new construction. 40 s.f of the deck and 3 7 s.f of the structure encroaches into the 0-
75' setback zone. Now the entire house is located in the 75-150' zone. The shoreland
regulations now require a 150' setback from the OHWL at 931.. This results in the entire
home being non-conforming and the need for a variance application for any additions to
the home. From the 75-150' setback, there is no structural improvement allowed but a
grade level patio or landscaped area underlaen with plastic, etc., would be allowed. Non-
structural hardcover is now deemed allowable, though not structural, and non-structural
hardcover can be considered conforming.
The applicant seeks a hardcover variance in the 75-250' zone and lakeshore setback
variance for both of the planned additions. The dining room is 88' from the natural
environmental lake. The 3-season porch is 86' from the lake. In reviewing the hardcover
facts as lots are not combined, there is an excess in the 75-250' zone within just Lot 2.
The 75-250' area of this lot exceeds the allowed hardcover by 4.1 % at 29.1 %. Mabusth
said the applicant should be given the opportunity to consider all options before legally
combining properties. The applicant was to be asked how he wished to handle this matter
of hardcover excess on Lot 2.
22
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Todd Smith
13 80 Arbor Street
Orono, MN 55391
TYPE OF APPLICATION: Variances
ZONING FILE #2109
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: February 26, 1996
----------------------------
COPIES:
-----------------------------
DATE OF MEETING: 02/20/96 VOTE: 4 FOR O AGAINST
The Planning Commission recommended unanimous approval of the variances as proposed.
Your application is scheduled at the Council meeting of March 11, 1996. Please note the
meeting commences at 7:00 p.m. Please contact the City offices at your very earliest
convenience if you are unable to attend the March 11th meeting.
lsv
'<<' tcrrv' OF ORONO r, ···• •. ~·. ;
2750 Kelley Partway, P.O. Box 66 ,
. "" , • crystal Bay, MN 55323 '
, Pho~e (612)473-7357 . Fax 473-0510,
~
The Planning Comm(ssion_ will hOld the
following public hearings in the Council
Chambers at 27.80 Kelley , Parkway _on
Tuesday, February,'20, 1996, the meeting
commences at 7:00 p.m., on the ~atter o!
reviewing the following la"?.~ appl~1ons ..
1. #2105 Jon .and Sally Mitchen Lebedolf
have filed a renewal variance apphca11on for
the property located at 1101 West Ferndale
Road seeking approval of lot area, \ot width,
hardcover variances within the 0-75 and 75-
250. setback areas, lakeshore setback, street
and side setback variances to permit I
construction of a new residence on th_EU
property.-~-----~ ·
2 #2106 William and ·Laura Stoddard, the
o~ners of the property located at 2605 Kelly
Avenue, seek approval of a side ,setback
variance to permit the reconstr~ct1on of a
guest house partially destroyed in a recent
fire.
3 #2109 Todd Smith, the owner of 1380
A~bor Street, has applied for lot coverage,
rear and side setback variances to permit
construction of a three season porch to t~e
rear of the residence wher.e a roof~d patio
area exists. , ~,
4 # 2110 Joan Dayton of 2465 French Lake
Road seeks approval, of . hardcover. and ~
lakeshore setback.' V~:•ance to . permit.
construction of. an add1t10.~ to the··· 'a.ke otj
south side of the existing residence."••< ••'""l
.5 #2111 'Terrance"/~i~k~f'i.;~; iiled ~l
conditional use permit to . permit the
installation of a permanent dock at the
residential property located at 2440 Old
Beach Road.
All persons wishing to be heard wiil a~r at
this meeting. Written comment~ are sohc1ted.
Plans are available in the City for
review, by appointment.
City of Orono . .
By: Planning Comm1SS1on
Jeanne ft.. ~u~th. Building & Zoning:
.· -Administrator i
(Published in The Laker and Pioneer Feb. 3,
1996) . ·•. . ,c. . ..... J
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.} The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper; as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed l@j; LUil) °ff/r~/
which is attached was cut from the columns of said
newspaper, and w/s printed and published once
each week for successive weeks:
It was first published Monday,
I
the ,3 day of '( 19 tj_f_ ,
and was thereafter printed and ublished every
Monday, to and including Monday,
Subscribed and sworn to me on this
By:
..,....-~~.~~ ........... Wfl ....... 1,___, 19 L.
'
-J...------~e+e~ublic e "R!STI HOLM
NCliA<-,, PUBUC-MINNEIOTA
MY COMM. EXPIRES 1-31.alOO
(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.
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 the following public hearings in the Council Chambers at
2780 Kelley Parkway on Tuesday , February 20, 1996 , the meeting commences at 7:00 p .m., on
the matter of reviewing the following land use applications:
1. #2105 Jon and Sally Mitchell Lebedoff have filed a renewal variance application for the
property located at 1101 West Ferndale Road seeking approval of lot area, lot width ,
hardcover variances within the 0-75' and 75-250' setback areas , lakeshore setback , street
and side setback variances to permit construction of a new residence on the property.
2. #2106 William and Laura Stoddard, the owners of the property located at 2605 Kelly
A venue , seek approval of a side setback variance to permit the reconstruction of a guest
house partially destroyed in a recent fire.
3. #2109 Todd Smith , the owner of 1380 Arbor Street , has applied for lot coverage , rear and
si e setback variances to permit construction of a three season porch to the rear of the
residence where a roofed patio area exists .
4. #2110 Joan Dayton of 2465 French Lake Road seeks approval of hardcover and a
lakeshore setback variance to permit construction of an addition to the lake or south side
of the existing residence.
5 . #2111 Terrance J . Bieker has filed a conditional use permit to permit the installation of
a permanent dock at the residential property located at 2440 Old Beach Road.
All persons wishing to be heard will appear at this meeting. Written comments are solicited.
Plans are available in the City offices for review, by appointment.
City of Orono
By : Planning Commission
/'i
Clef ti--,/ VY'-<-(/ . ih t;&i~ui...X: Ii_, (j_ ~
Jeanne A. Mabusth , Building & Zoning Administrator
To be published the week of February 5 , 1996 .
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 #2109, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 2nd day of February, 1996.
,A/
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"'CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
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 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
on yourself.
6. Your full name is required to process this application or permit.
First
Address
01'2-~
City
W1L.Lr~
Middle
{'-1-l'J
State
I understand my rights as stated above.
~ ~ d::---~~
Signature
s ... -, tvd
Last
SS-39 t
Zip
Telephone (612) 473-7357 • FAX 473-0510
10
$176-8~7)
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 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.
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