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HomeMy WebLinkAboutSubmittalLAND USE PT.ANNTNG EXHIBIT ZOj:ING VARIANCE APPLICATION CITY OF ORONO P'0. Box hh, Crystal P.iv, Mlnn.•r.t.i 5!!! :; 1.1151 7 ) ' 1NSTRPCrInt1S: Please llrs,. read the attached lnf,,rnwtion Sheet. ,:nmplete Items 1 - 13 (Type or Print). It needed, attach letter or vther tnformatlon to better LIST OF EXHIBITS describe your request. Incomplete applications will not be accepted. Rescriotton 1. PROPERTY ADDRESS Intrtnl Arl,ttcation — — must tnclude: Legal description shall he shown on nttached Survey, fr.hlhl: 1 . APPLICANT 1 Application Fors Nome +�'- / Phone ` : / '> t. `1 .y -- 1 i Property Owners List Moiling Address -__ b�/ / a•s^� L _r > - Certific..:e of larva If Applicant Is not owner, es(.latn -_ — Fee Receipt • Date Received i 3. OWNER Nasa Phone—: '` / Staff Information Mnilins Address _ _ e N7 G l•A(� Plat Nap Date Property Acquired .i,.., 4 (Month/Yearl 5 Inventory I (deg) (d(not) also own other adjacent parcels of land h _ Stnff (-.osnents 4, AGENT Phone 'ther lot rrtatton F i rm Meiling Address --.--_-- - -- -- ---- 5. NOTT CES Should he sent t+ : Applicant tMe, -- Agenr 6. PRESENT ZONING USE DISTRICC 7. PRESENT USE Ron Iden tto1 ✓ (Mher) Vacant land _ Vacant autldtnp(a) ,pied buliding(el �'F CITY Of ORO;+ 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ _ aataDlte!l now use �' continue or expand eslsttng use _ hut Iv new �� add on _ ressbl rali�aa Describe request in detra i I IL: „t, a++r t•. ti� 9. VARIANCE(S) REQUIRED to do the requested *'Fr —_ Ia++ Ara+ lot Width Nsrdeovar Sethar► ( lrnnt Side Rear) Other 10. Describe 11NUSUAI, PROPERTY GONDITII)NS Preventing cn7-11ance with Zoning Code requirements: 11. Pescrihe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting from strict enforeenwrit of zoning roRulatlons _ J! �t 4 c 1t 11 _ ' k) "` ' I C (JIY�r/1 i_ ` t 12. o scribu I_1' FECT OF 1tK0110SED WORK on neight-uring properties`snd on the neighborhood in general: i .:1�% .•�.-+.�-�•-��r - Rom,-�i The A P, I,I t'.AN7' and the PROPERTY OWNER must sign and date this application. The .AI'IUr.ANT hereby agrees to prcTvtcie all infnrtmtion The tVNLR herrhv acknowledges Ant'. agrees to this appliestio, sequirrd nr requestrd by the T.,t,irtyr Atta,lnistrarut. agreor. »nd thrrther authortres reascsnahle entry onto the property to pav all fees antiior unusual rtcpenees incurred in re -view thv t:lty staff. consultants. agents. commission seabars. of this AppiIcatisit, , anti Vert itic•R that rhe• I It,rims tl(.tt tmf Council mc•ntt,ers for purposes of Investigation and supplied is true and cc-rret t t, tht hest t-f htR knowledpr vt•riticatior) tit this+ request: Aph l icy --I n t: ' s S i gn l tui-e� Da t e Owner's Signatufe Da t e A PPL I GAT I t )N I)h:A D1J NF rEN (10) DAYS BEFORE PIANNING COMMISSION MEETING fir 1: �--,► PROPERTY OWNERS LIST DEPT OF PROPERTY TAXATION 1 CERrIFr THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CENTER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THIS MINNEAPOLIS, MN 55487 DATE ON THE RECORDS OF THE HENNEPIN COUNTY j FINANCE DIVISION, TO THE NEST OF MY KNOWLEDGE, AND BELIEF HENNEPIN CO. 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IF /if Ole. illrd UguWAI APR 15 M A CITY OF ORONO "1 6 t "Ji I sr I n (jt; tj 'spot. e �f fit lot; r •nil ri. r Apf pf A10 .!M, r Iran -arkur t, c s i � � ' Elf/i�"f' • IMR 15 I V, /• /J ie4-0 f J i 2 r t A l L ! prBAC It: S- -> f �P•r'rc. ; •t0 Wes' � /lrt,l" : �p ' /��pips t•� K N'�J) F�¢ror► hv�tE 1 I DOt` � IN f rn r'YT r�•+ �N � OF C A tJ,.J O'r (rA f P Y TO: Planning Commission FROM: Jeanne A. Mabusth DATE: May 13, 1982 SUBJECT: #683 Doug DeMalignon, 1380 Arbor Street - Variance Zoning District - RR-lB Area - 5,553 sf - required 87,120 sf Lot Width 80' required 200' Application - setback variance Side setback required = 30' existing = 18.f' proposed = 10.6' variance - 19.4' or 64% List of Exhibits Exhibit A - Application Exhibit B - Letter from applicant Exhibit C - Property owners list Exhibit D - Plat map Exhibit E - Site plan (survey) Exhibit F - Gaffron memo The applicant proposes an 8' x 30' addition on the south side of the existing structure. Although the face of the application does not note the proposed use, I have been advised by the applicant that it is an expansion of the living room area. As Gatfron's memo (Exhibit F) advises the expansion cannot involve additional bedrooms. Applicant should be asked to review the building plans at the meeting. The addition will not interfere with the existing septic system but care must be taken durinq construction to protect the existing drainfield for there is no other area on the site to satisfy septic needs. Staff Recommendation To approve an 8' x 30' livinq room addition to the south side of the principal structure at 1380 Arbor Street for Douq Det4alignon based on the follnwinq hardships and findings: 1 - No additional Viand available. 2 - Established residence for over 50 years. 3 - Expansion will create no additional demands can exist ing substandard septic gy3tem. 4 - The proposed improvement wi I 1 have no nvtiat ive effects on surrounding neiiahix)rhood. #683 Dr)uq DeMalignon Page 2 Variance approval is subject to the following conditions: 1 - Current or future improvements to the principal structure may not consist of bedroom and/or bathroom additions. 2 - The existing drainfield must he staked and protected during construction. 3 - Current building plans may not include expansion of bathroom and/or bedroom - owner should be placed on notice that based on the substandard lot and inability to expand septic system t�,at the City can not approve any future expansion of a existing structure. Although hardcover has nut been considered because the property is in a rural zone, the lot is saturated with hardcover. TO: Jeanne A. Mabusth FROM: Michael P. Gaffron DATE: May 13, 1982 SUBJECT: Proposed Living Room Add tion at 1380 Arbor Street The applicant wishes to extend the above house 8 feet to the south. Based on all the information we have available, this addition will not encroach on the existing septic system, nor will it reduce the non-existent septic expansion area on the lot. Please nose that building plans should be reviewed to ensure that no additional bedrooms are created. The exi_sting septic system is substandard in size and capacity, but we have no record of failure (the drainfied was replaced in 1976). Also, should variances be granted, the applicant should be warned to keep all construction traffic off the drainfield. While this will certainly be an inconvenience, there is absolutely no room for a new system is the existing system is disturbed. TO: Planning Commission FROM: Jeanne A. Mabusth DATE: May 17, 1982 SUBJECT: #681 Douy DeMalignon, 1380 Arbor Street - Variance Hardcover Analysis (Ordinance does not require such consideration but the property is located 750' from the Lakeshore) Total Area = 5,553 sf Allowed Hardcover = 1,944 ( 35` ) Existing Hardcover = 1,863 sf House - 34.6 x 30.3 = 1048 sf 13.4 x 24.1 = 323 sf Total 1371 sf Driveway 23.6' x 13.4' 316 sf Canopy Porch 13.3 x 13.3 = 176 sf Additional Hardcover 30.3' x 8' = 242 sf 'Dotal Proposed Hardcover = 2105 sf 38% Allowed = 1944 sf 35% Variance = 161 sf 3% ##683 Doug DeMalignon Page 2 Variance Is there a point at which all structural expansion must be curtailed on substandard sites with severely limited septic areas? Must all expansion for some properties be restricted until serves py sewer. If you are to make a recommendation of denial, you must make findings that will prove the proposal to be potentially detrimental to the public health, safety and welfare. If the application is to be approved, you may consider the following: To approve an P' x 30' addition involving expansion of an existing bedroom and livingroom to the principal structure at 1380 Arbor Street based on the followinq findings and hardships: 1 - No additional land available. 2 - Established residence for over 50 years. 3 - Expansion will create no additional demands on existing substandard septic system. 4 - The proposed improvements will have no negative effect on the public health, safety and welfare. approval is subject to the following conditions: 1 - Existing drainfield must be staked and protected during construction. 2 - Owner is placed on notice that based on the substandard lot area and inability to expand septic system, the City will not approve any future expansion of the principal structure. MINUTES OF THE PLANNING COMMISSION MEETING; OF MAY 17, 1982 Page Cvt a►r" IT 2 - An occupancy permit will not, be issued until the CHURCH (CONT) building is connected to sewer. Location of parking area should be moved and also paved. 4 - Drainage information designated on site plan for staff review prior to Council action. 5 - Traffic flow and signaye to be designated on site plan prior to Council action. 6 - Council should consider formal request of applicant to connect to City sewer. 7 - Applicants to follow any further suggestions of City Engineer. 8 - Landscaping to conform. with City ordinances and staff recommendation. Hammerel seconded. Vote: Ayes (4), Nays (0). Doug DeMalignon was present. Philip Kaley of 1395 South !-'[ , DEMALIGNON Brown Road was also present for this application. 1.,.;0 Arbor Street Mabusth stated that she had two phone calls from Variance surrounding property owners and they were all in favor #681 of the variance. Rovegno asked if there were no requirements for rural areas on hardcover? He also noted that there was a vacant lot next door. Mabusth stated that the ordinance does not require hardcover considers --ion for rural areas. Mr. Kaley asked the applicant hcw he was going to get a well truck down to the back of the property because it would be difficult to get any kind of trucks down there. He noted that the drainfield covers the whole front of the lot and then turns the corner. Mabusth noted that Gaffron's report reported it as being located only in the front yard and that the driveway was very close to the septic tank. Mabusth added that a well rig could never get back to the existing house. Jacobs noted that last fall he remembers going out on an inspection where that septic tank was backing up and that the contractors were looking for the tanks. He noted that they did find them and pumped them but that they still might have problems with the septic especially if the huuEe has not been liv"d in all winter since pumped 1•1st. Hammerel Asked ,Jacobs if the .lr.linf ield wnulcl possibly freeze? Jacobs stated that that Was possible but thO f0 al 1sSue was that no one has lip i-d in the- hnusp sin.•., it w.is puripE-t1. MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 1982 Page 5 Phil Caley noted that they have had problem in the DEMALIGNON(CONT) past with that system. Ile noted that the buildin,_i 'iad been vacant since this last winter. Ile felt the drainLield wag ok but that he didn't know if there was any real septic tanks. Mabusth stated that there couldn't be any other expansion of the building iF there was already existing septic problems. Applicant stated that he would prefer that the Planning Commission approve the addition and then they could take care of the septic problems. Mabusth noted that if the Planning Commission approved a holding tank that they would need a variance to the code. Rovegno asked the applicant what the extra space woulc: do for the applicant? Applicant stated that right now it is too small and that it would help the resale value. Goetten moved to table the application of Doug DeMalignon pending additional information from staff regarding the septic problems. Callahan seconded. Vote: Ayes (4), Nays (0). Applicant asked the Planning Commission to reconsider their motion because of his pressing time schedule. lie felt that the proposed addition wouldn't have any affect on the existing septic system and that the septic problems could always be worked out. Planning Commission noted for the applicant that they can not approve any addition for the building until they have all the correct information about the "failing" system. Roger Wolthu represented the applicant. Roder LYLE K. JOHNSON noted that Lyle Johnson still lives in Wisconsin 1398 Rest Point Road and that this house had been in his family since Variance 1901. The applicant wanted to move out here and $682 move back into the home that he was raised in. Pat Walsh of 1396 Rest Poi.it Rcad was present from the audience for this application. He stated that they were delighted that they were proposing to improve the house but that he opposed to the ;ide setback variance. Royer Wolthe sta-.ed that they would add to the upstairs a quest room and a sewing room :�nJ that the house would be resided tot,. Pat Walsh stated that if this variance was approved that it would Liloch his view and his plans for futurA expansion plans. He stated that he felt that the house CITY of ORO N O Post 0frin Pon 6Fi*(•r-,%ta1 Bay. Minne%--ta sr)x—'1•Municipa1 Offices 'rviephone 473.73.57 Uouy UeMal ignore Box 97 Long Lake, MN 55356 NOTICE: OF PLANNING CONLMISSION ACTION F)1tL of Meetln:j---5-17-81----'_— - --- ��t. s: 4- For 0 Against Planninj Commission reco.,men.Is the following: Control No. _ X _ Variance Conditional Use Permit Subdivision, Preliminary Date of Notice Approval: As submitted approval: Subject to conditions noted - Approval: Additional information required before Council meeting Denial: For reasons noted Tabled- Pending receipt of a,13itional information from applicant _X rabled: Pending revi^,4 by others, or further Planning CoTMnission study No action required NOTES A -ND SPECIAL CONDITIONS Your setback variance aat�l icaorl has been_ _ tablets pending_further review b,, staff cf the exis.tina_r2eptic_ a;stem and to investiclate additional claims that the s;uh; t was fa ing..as of .1Ist fa11 z__�---- ------ -- ------ -- -- _- -- _ ----- - I_ Applicant's nr-xt sche.3u;.ed meeting is con irme3 as: Planning Commission Counci 1 _, _ -- ----- Applicant's next scheduled meeting is dependent upon receipt of addition-31 information. Deadline for the r ._�L.1902.___-_ meeting is June 7, 1982 _; or _J 6, 1982 for the _ - '`1_y_T�'meeting. In all cases, the application must be continued with the submittal of requested information withinor the City will consider th application as formally withdrawn. If the applicant. h,j,: trouble obtaining aitlit tonal infotmation, plf3se contact the ?.(.)ping A!ministr'.zjtr,r. If you dF-,ire certifi••-i copies of thus ufPli•• ir.� '� •. i n Mi-^.utpa t rey sr•• avaiIaIIIe frcr t'.•: 3-1.13ir.; 3r.d n•; ikr; .i:r. an, sppruval ty the Plant -in; C. EXW;o"iT --L. TO: Jeanne A. Mabusth, Zoning Administrator FROM: Michael P. Gaffron, Septic System Inspector DATE: June 7, 1982 SUBJECT: #681 Doug DeMalignon, 1380 Arbor Street Variance In light o' recent confirmation by E.J. Peterson Company that no drainfield can be found on the south side of the house, my previous memo of May 13, 1982, still stands. TO: Planning Commission FROM: Jeanne A. Mabusth DATE: June 14, 1982 SUBJECT: #681 Douq DeMalignon, 1380 Arbor Street - Variance List of Exhibits Exhibit A - DeMalignon letter Exhibit B - Gaffron Memo Exhibit C - Planninq Commission minutes of Ma'..- 17, 19'12 As the applicant has noted in his most recent letter, Exhibit A, staff was unable to locate drainfield in the yard area on the south. The plumbers have confirmed the existing septic system as being totally within the front yard. The previous owners have informed DeMalignon that the septic system and well have functioned satisfactorily since 1976. Except fcr the pumping last fall, the City has no record of excessive pump outs since 1976. The septic consultant, Exhibit C, stands by his original recommendation as follows: as long as the expansion does not involve additional bedrooms or bathrooms suggesting more intensive use of a substandard septic system, he sees no problem with approvi.,i the addition. Planning Commission must address the more general issue of approving any form of structural expansion for an existing_ principal structure on a severely substandard lot. Area Review of Similar Applications: #645 Dorothy Forcier required = 2 acres existing = .41 acres variance = 1.59 or 75% #533 Steve Curren required = 2 acres existing = .33 acre variance = 1.67 or 78V #683 DeMalignon required = existing = variance = 2 acres . 1 3 acres 1.87 acres or 93% Planning Commission approved the Curren application by limiting the structural expansion to 1 additional bedroom based on the limited septic area. In the approval of the Forcier application, the principal structure was limited to 3 bedrooms based on alternate and current septic site areas. The comprehensive plan has designated the Crystal Kay neighborhood for sr.wer service sometime w'thn the next 5 to 10 years. .MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 21, 1982 Page 5 Berg stated that in 1914 the County partially vacated B-acketts Avenue except for a portion of public road. Rovegno stated that he could see a house being put on the lot but not a garage too. upheim Celt that Duff and the septic failure issue is a whole sel,rate issue. The Duff's have a bad sewer problem now but that has nothing to do with the merits of the plat. Mabusth noted that 1 lot has riparian rights via an outlot and anuther would have access on both Brownri and Tanager Bays but must be limited t.) a sin -Ile access. Owner can be given a choice. Planning Commission alsc felt that just 1 dock and l access would be allowed on Outlot A. Berg noted that the Council has already filet: a plat. of County Road 15. Callahan moved to deny the two variances needed for this subdivision to be approved but to table all other issues so Berg can confer with his clients as to whether they want to continue with the subdivision or not. McDonald seconded. Vote: Ayes (7), Nays (0). Applicant was present. Applicant noted that a family of four had moved in since the last meeting ana that the septic system was working fine. He also noted a letter from the previous owner which stated that they had put in a new drainfield in June, 1976, and had it pumped in October and November. Elmer J. Peterson 6 Company had suggestei that they pLmp it before the cold winter. Ile noted that his proposal is an increase of 240 sf. The addition being 8' x 3)', which would to an expansion of the living room and bedroom. Callahan noted that this was almost a 100% variance to be granted. Opheim felt the applicant had sufficient hardships. Opheim moved to approve an 8' x 30' addition for Doug DeMalignon involving expansion of an existing bedroom and living room to the principal 4tructure at 1380 Arbor Street based on the following findings and hardships: 1 - No additional land available. 2 - Established residence for over 50 years. s - Expansion will create no additional 1enands on existing substandard septic system. GREGORY/DUFF CONT. DOUG DeMALIGNON 1380 Arbor Street Variance f681 MINUTFS OF THE PLANNING COMMISSION MEETING OF .JUNF. 21, 1982 Page 6 4 - The proposed improvements will have no negative DeMALIGNUN (CONT) effect on the public health, safety and welfare. approval is subject to the following conditions: 1 - Existin,7 drainfield must be staked and protected during construction. 2 - Owner is placed on notice that based on the substandard lot area and inability to expand septic system, the City will not approve any future expansion of the principal structure. 3 - Owner is placed on notice that if the septic system fails that holding tanks must be used. Kelley seconded. Vote: Ayes (7), Nays (0). Applicant was ,resent. Mabusth rioted that the house ha.'; JEROME CARLSON been there since 1902. 2701 Kelly Avenue Variance Rovegno suggested moving the house- over. 0688 Mabusth stated that mature trees would be lost if the house was moved over and because of the narrowness of the lot would also reo,uire setback variances. Kelley moved to approve the variance subject to the following conditions: 1 - Prior to the issuance of a :::ai1dinq permit, the applicant must apply for a demolition permit to raze the existing structure. 2 - City will not approve any future setback variances for additions to the principal structure or for accessory structures. 3 - All structural changes planned for existing dock must be reviewed by the Orno Building 6 Zoning Dept. Opheim seconded. Vote: Ayes (7), Nays (0). Applicant was present. Richard Mich of 1373 Rest Point LARRY LANGHANS Road and Mrs. Sigafoos of 1365 Rest Point were present. 1374 Rest Point Rd Variance Rovegno noted that only a lot area variance was needed #689 rather than a lot width variance since the 801 standard was met. Goetten moved to approve the 1rat area variance of Larry Langhans based on the followinq findings and hjrdships: 1 - No ad )acent lands avai lat;le. 2 - Properties platted prior to exi st i nq ; (ln; n ; . aITY O 1 Control No , 681__ �osl ()fficr 11n■ fifi60%stal Naq, Nlnnevo l Offl,em X Var iance _ Conditional Use Permit _ — Subdivision, Preliminary Doug DeMali gnon Box 97 Long Lake, MN 55356 NO'1ICr: OF PLANNING COMMISSION ACTION Date :1 MW-et ing -. 6-21-82 For 0 Against Planning Commis: -.ion recommen?s the following: Date of Notice Approval: As submitted X _ Approval: Subject to conditions noted Approval: Additional information requirf_j be��re Council meeting Denial: For reasons noted _ Tabled: Pending receipt if additional information from applicant Tabled: Pending rc'✓iew by others, or further Planning ComumiJsion study N3 action required NOTES AND SPECIAL CONDITIONS See attached sheet for Planning Commission's the property to be submitted for the formal records of the City.` (The letter you read at the public meeting') [X] Appl i cr,nt' s next scheduled meeting is confirm•:.J a : Planning Commission- -- Counci 1 July 21, 1982�_— iApplic-int's next scheduled meeting is dependent uptin receipt of 3ddit i,,na 1 information. Deadline for the -ne e t i r j is -- ; or -- _-_ - for the meeting. _ _ _ __ _ 9• In all the application must be continued with the submittal of requests-d intnrrnation within or Aty will consider the application a^ formally withdrawn. It the applicant has, ttouhlea ob' +)riny a'..:itional infur:nal ion, plus-, contact the Zoning Administ r-0, r . If you desire - -ertif i--d ropi• of the ufl i' they are ivsilabl.• from tho, 3itlllr,l an� :� •,� -°"_,: �c�, ra.i_ an(l appr_ . ,1 by 0 • P13rf.1::: - i ,. #b81 Doug DeMalignon Page 2 Planning Commission's approving motions is as follow — To approve an 8' x 30' addition involving expansion of an existing bedroom and livingroom to the principal structure at 1380 :arbor Street based on the following findings and hardships: 1 - No additional land available. 2 - Established residence for over 50 years. 3 - Expansion will create no additional demands on existing substandard septic system. 4 - The proposed improvements will have no negative effect on the public health, safety and welfare. approval is subject to the following conditior — 1 - Existing drainfield must be staked and protected during construction. 2 - Owner is placed on notice that based on the substandard lot area and inability to expand septic system, the City will not approve any future expansion of the principal structure. Towne_ i r, 'aced on notice that if the exi s ti n , c• t i c syster- I that a holding tbnk will be regui rec, .)y the City :here is no additior.,l area on the property to sati attire septic needs. r" TO: Walter R. Benson FROM: Jeanne A. Mabusth DATE: July 7, 1982 SUBJECT: #681 Do',;(i DeMali(inon, 1380 Arbor Street - Variance Zoning District - RR-lB a) Area - 5,553 sf existing 87,120 sf required b) Lot Width - 80' existing 200' required Application - Side Setback Variance required 30' existing 18.6' proposed 10.6' variance 19.4' or 64% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's addendums Exhibit E - Gaffron Memo Exhibit F - Planning Commission minutes of 5-17-82 Exhibit G - Survey + site plan The applicant proposes an 8' x 30' addition on the south side of the existing structure. The addition involves expansion of the living room and one of the existing bedroom. Per Gaffron's memo (Exhibit E) the addition will not interfere with the existing septic system nor will it further hinder access to well in rear of house. If the well needed servicing today, it would have to be serviced via the neighboring properties. The previous owners have informed DeMalignon that the septic system and well have functioned satisfactorily since 1976 (Exhibit D). Except for the pumpout last fall the City has no record of excessive number of pumpouts since 1.976, prior to the old system being expanded. The pumpout was advised last fall because the house was going to be empty over the winter. The property is located within the RR-1B zoning district; ordinance does not require a hardeovet review but the property is located 750' from the Lakeshore. I have prepared a harc'-over breakdown ac hollows: #681 DeMalignon Page 2 Variance Total Area = 5,553 sf Allowed Hardcover = 1,944 (35%) Existing Hardcover = 1,863 sf House - 34.6 x 30.3 = 1048 sf 13.4 x 24.1 = 323 sf Total = 1371 sf Driveway - 23.6' x 13.4' = 316 sf Canopy Porch - 13.3 x 13.3 = 176 sf Additional Hardcover 30.3' x 8' = 242 sf Total Proposed Hardcover = 2105 sf 38% Allowed = 1944 :.f 35% Variance = 161 sf 3% The Planning Commission was asked to consider the more generi.. question of approving any form of structural expansion of existing structures on severely substandard lots. Is there a point at which all structural expansion must be curtailed on substandard sites with severely limited septic areas? Must all expansion for some properties be restricted until served by sewer. A, -ea Review of Similar Applications: #533 Steve Curren required = 2 acres existing = .33 acre variance = 1.67 acre of 84% #621 Charles Balgaard required = 2 acres existing = .11 acre variance = 1.89 or 94% #645 Dorothy Forcier required = 2 acres existing = .41 acres variance = 1.59 or 79.5'; #683 Doug DeMalignon required = 2 acres existing = .13 acres variance 1.87 or 93.5% $681 DeMalignon Page 3 Variance Council approved the Curren application by limiting all expansion to 1 additional bedroom based on the limited septic (front yard only). In the Forcier application, the new residence was limited to three bedrooms based on limitations of principal + alternate drainfield area. In the Halgaard application the existing structure was permitted legal habitation by allowing a holding tank and minimal plumbing improvements. In recommending approval of the DeMalignon application, Planning Commission felt it would be resonably consistent to limit all expansion to non bedroom and non bathroom use based on the area limitations for septic improvement and expansion. The expansion in this case only increased the size of an existing bedroom. Planning Commission approved the following staff recommendation: To approve an 8' x 30' addition involving the expansion of an existing bedroom and livingroom at 1380 Arbor Street based on the fo1'owinq findings and hardships: 1 - No additional land available. 2 - Established residence for over 50 years. 3 - Expansion will create no additional demands on existing substandard septic system. 4 - The proposed improvements will have no negative effect on the public health, safety and welfare. approval is subject to the following conditions: 1 - Existing drainfield must be staked and protected during construction. 2 - Owner is placed on notice that based on the substandard lot area and inability to expand septic system, the City will not approve any future expansion of the principal structure. 3 - owner is placed on notice that .if the existing septic system fails that a holding tank will be required by the City as there is no additional area on the property to satisfy future septic needs. 4 - Payment of outstanding $20.00 rural septic fee (act 4 '-120-1380-5.') ;GULAR MEETING OF THE ORONO COUNCIL, JUI.Y 12, 1982 Page 5 no variance is required for Lot 2, the City Council would conside, up to a 10' variance for Lot 3, provided that a uemonstrated hardship is shown. No hardship has been shown to topography or to existing structures that would justify a variance to Lot 2; that Lot 3 has a possible hardship as to the location of the existing structure, depending on how the lot lines are drawn, that a 10' variance may be granted. Motion, Ayes (4) - Nay: (0). L i1/AR I ANC E * 1380 Arbor Street 1581 Doug de Malignon Zoning Administrator Mabusth reviewed with the City Council the request of Doug de Malignon foL 3 variance at 1380 Arbor Street. SUBDIVISION 3125 & 3135 Fox Street 1585 Merrill Gibbs Mr. de Malignon was present. Frahm moved,Hurr seconded, to draft a resolution to approve the variance request of Doug de Malignon for 1380 Arbor Street, per the Planning Commission recommendations, hardship being no available land, the resolution tube filed in the chain of title, and that no certificate of occupancy to be issued until signed -off by applicant. Motion, Ayes (4) - 'Jays (0). Zoning Administrator Mabusth reviewed with the City Council the preliminary subdivision request of Merrill Gibbs, 3125 6 3135 Fox Street. The subdivision meets the requirements of the zoning code; at issue is the lake ac Bess at the east lot line. Mr. & Mrs. Gibbs, their attorney Tom Merrill, and their daughter Pam 3acon were present. Discussion involved the lake ac^ess along the east property line. Mayor Van Nast explained the history of the access stating that many people for many years have used that access and that it had been before the City Council numerous times. The City Council stated that they would like'o have the issue ,ettled and that now, with thedivisionof the property, would :e a good time for a final determin ion. CAITY f ORO NO Control NO. 681 Ptot Office 14tr 666Cryslui It•,%, \Lntw%otu Si►iY.4*Munjo1,o1 Offices Trlept me,,a 7,357 TO: Doug DeMalignon [lox 97 Long Lake, MN 55356 Copies to: Meeting Date i- 12-82 Notice Date 7-13-82 X Variance Conditional Use Permit Subdivision, Prc,] 1 unary Subdivision, Final #tkyY -:Yx�Y;c;Yk�Y�i kk�lc�Y:k;Y:Yk•�4••k;k�Y*i:•k�k•;k71r�F:r*:Y:tk:k�lr*•*;Y;Y;47k�Nktlrrink�lr*sYk-kic;Y;YshY;Y*.Y�.;Y�J-�Y•:Y;Y -;k•Yk�c:Y:Y•�Inlr*�kic�k7M' COMM, ACTION Vote: 3 For Again ,t Abstention MOTION to approve your side setback variance subject to staff drafting a resolution contirming the conditions of that approval and subject to the resolution being filed in thv chain of title of that property. SEE ATTACHED �Fyhk******:':****;Y•kilyl**:Yyl***:Y****•.l•k***aryl****Yrk•kk*yl*k*yY*:�'<�tk,4• l•kyl•Irir•kyl****::***�:Y****•k:4•*yY*yt DEADLINE DATE for submitta? of new information (application :nay be considered tormally withdrawn if information or explanation is not provided). !_ for Work Permit for work to beglTl for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Ingpecto r before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change olans. Variance authority expires one year after approval. CONDITIONAL I'SE APPROVAL. expires upon change of ownership or use, or on deadline date specified above. PRFLTMINARY SUBDIVISION APPROVAL - Applicant must provide all Information rind/or improvement9 required for final approval. Contact Zoning Administrator FINAL SirBDIVISInN A1111TWVAL - Applicant must have drawings. resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes-mav be obte�ned by contacting the Citv Clerk. Allow at least three wet•ks from meeting, date. TO: Doug DeMalignon FROM: Jeanne A. Mabusth DATE: July 13, 1982 SUBJECT: Council approval Council's approval is basted on the following recommendation: To approve an 8' x 30' addition involving the expansion of an existing bedroom and livinr3.00m at 1380 Arbor Street based on the following findings and hardships: 1 - No additional land available. 2 - Established residence for over 50 years. 3 - Expansion will create no additional demands on exis .:ig substandard septic system. 4 - The proposed improvements will have no negative effect on the public health, safety and welfare. approval is subject to the followin3 conditions: 1 - Existing drainfield must be s;:_,ked and protected during construction. 2 - Owner is placed on notice that based or the substandard lot area and inability to expand septic system, the City will not approve any future expansion of the principal structure. 3 - Owner is placed en notice that if the existing septic system fails that a holding tank will be required by the City as there is no additional area on the property to satib:y future septic needs. 4 - Payment of outstanding $20.00 rural septic fee (act 8 4-120-1380-51)