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HomeMy WebLinkAboutProject Packet t h • ail Doc No 8915466 01/02/2007 02:51 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 280486 Deputy 45 Fees $35.50 DOC $10.50 SUR $46.00 Total i r A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1286(d)(2) AND DENYING A VARIANCE TO SECTION 78-1279(6) FILE NO. 05-3135 • • O 2 ,' OCITY of ORONO VET ; ti �� � . � ,.i �„ �� RESOLUTION OF THE CITY COUNCIL l� �r;. .gam NO. 5551 kESB� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1286(d)(2) AND DENYING A VARIANCE TO SECTION 78-1279(6) FILE NO. 05-3135 WHEREAS, Allen J. Munson and Deanna L. Munson, husband and wife (hereinafter "the applicants") are the owners of the property located at 3165 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, attached (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1286(d)(2) to allow land alterations consisting of fill in an amount exceeding 500 cubic yards; and a variance to Section 78-1279(6) to allow placement of a new residence forward of the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3135. 2. The property is located in the LR — 1B Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140' at the shoreline and the 75' lake setback line. The lot has an area of 1.38 acres, a width of 173' at the shoreline and 150' at the 75' setback line, and contains an existing residence. 3. The Planning Commission reviewed this application at public hearings held on January 17, 2006 and February 21, 2006, and subsequently voted 3-3 on a motion to recommend approval of the average setback variance based on a building height of 27' and approval for a CUP to allow fill of 2350 c.y. as proposed. The motion included a requirement that the Page 1 of 6 • • iCA) 4CITY of ORONO ,s,, �,,,b ,,, ,�,, ��� RESOLUTION OF THTYOUNCII \,.....,___ applicants provide a plan for establishment and maintenance of raingardens as a method of storinwater treatment. 4. The City Council reviewed the application on March 27, 2006 and tabled it pending a re-design that would eliminate the need for an average lakeshore setback variance, finding no hardship that would support such a variance, finding that the lot was sufficiently large to allow for a new residence meeting the average setback, and that the concerns expressed by the affected neighboring property owner about potential loss of lake views due to the encroachment were valid. 5. The City Council finds that subject to approval by the City Engineer, a grading and drainage plan that includes up to 2,400 cubic yards of fill material to raise the west yard to an elevation just below the upper level of the proposed house is not inappropriate, as long as no neighboring properties are negatively affected by the changes in runoff characteristics. The proposed drainage easement over the corner of the neighboring property at 3155 North Shore Drive is necessary for the grading & drainage plan to be viable. 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 7. 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 conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property;will not be detrimental to the public health, safety or welfare nor be materially injurious to surrounding properties or improvements; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 • • ct10' O 0 0SO CITY of ORONO pal, l I\ ,, �, RESOLUTION OF THE CITY COUNCIL h �,.,..) r ,� NO. 5 5 5 1 kEs-00 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Zoning Code Section 78-1279(6); and grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286(d)(2) to allow land alterations consisting of fill in an amount exceeding 500 cubic yards, subject to the following conditions: 1. Council approval is based on the site plan, grading and drainage plans, and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the said plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. This approval is subject to compliance with the recommendations of the City Engineer with regards to grading, drainage and erosion control. Appropriate erosion control measures shall be in place prior to commencement of fill importation. 3. Evidence that the proposed drainage easement over the adjacent property at 3155 North Shore Drive has been granted and recorded with Hennepin County shall be provided prior to issuance of a building permit for the new residence. 4. Rain gardens shall be established on the site for purposes of stoiiiiwater management, subject to approval of the City Engineer. A proposed rain garden design shall be submitted by applicants and approved by the City Engineer prior to issuance of a building permit for the new residence. Such rain gardens shall be constructed on the site and covenants for their maintenance shall be established, prior to issuance of a Certificate of Occupancy for the new home. 5. No other variances are granted for redevelopment of this property. Page 3 of 6 • • rOlv °4-1/4 =- ; „ _ _ , CITYofORONO A pyt ,,., ,,,t,, ..., 41'‘,/ -.,-,,, ,, AIN, 0 s. , -01,,0 -,,c) RESOLUTION OF THE CITY COUNCIL ,...._. , . , `9kESI'i�g NO. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new residence within one year of the date of Council approval, or the conditional use permit approval will expire on that date (December 11, 2007). 7. 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. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11th day of December, 2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 'Nk... >vv,y__ \Ant,,ahr Prope r, O,•: s< Page 4 of 6 0 • . 1., 0,A? O , O � .; CITY of ORONO '.� G� RESOLUTION OF THE gITY f OUNCI L STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ii day of / G , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. DENISE M. LESKINEN ti c(' ',),z _L.__ ++ NOTARY PUBLIC-MINNESOTA IF:x k My Commission Expires Jan.31,2010 : .,, � ...,,��,,rr,..a.,...a L Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this if day of I J I 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ' r CDENISE M. LESKINEN L Notary Public NOTARY PUBLIC-MINNESOTA " My Commission Expires Jan.31,2010 Page 5 of 6 • • • O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ` ICEs8O4 NO. 5 5 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this r day of 1Celoyll(,/" , 2006 by Allen J. Munson, husband of Deanna L. Munson. ,, DENISE M. LESKINEN �/J/j� '' NOTARY PUBLIC.-MINNESOTA 1 , „"/'-,(� My Commission Expires Jan.31,2010 N tary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /f day of aCe/! /, 2006 by Deanna L. Munson, wife of Allen J. Munson. DENISE M. LESKINEN .V�a,t NOTARY PUBLIC-MINNESOTA otary Public 'ails, ,,,;:�• My Commission Expires Jan.31,2010 Page 6 of 6 • • . EXHIBIT A 5 1 RESOLUTION NO. LEGAL DESCRIPTION LEGAL DESCRIPTION: That part of Government Lot 1, Section 9, Township 117,Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot,thence East parallel with the South line of said Government lot a distance of 442.93 feet,passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government Lot a distance of 102.5 feet;thence East parallel with the South line of said Government Lot a distance 211.0 feet,more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thenceWest along the last described line to a point distant 442.93 feet East of the West line of said Govenment lot and 1058.3 feet North of the South line of said Government lot;thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of Govenment lot; thence West on the North line of the South 1160.8 feet of said Government Lot a distance of 197.93 feet(or to a point 245.0 feet East of the West line of said Government lot);thence South parallel with the West line of said Govenment lot a distance of 175 feet;thence Southeaterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet,more or less,to the shore of Lake Minnetonka;thence Northeasterly along the shore of said lake a distance of 180 feet,more or less,to the point of beginning. Together with an easement 12 feet in width for private driveway purposes, the center line of said easement being described as follows to-wit: Commencing at the Northwest corner of Registered Land Survey No. 1113, Hennepin County,Minnesota;thence Northeasterly along the North line of said Registered land Survey a distance of 10.46 feet to the actual point of beginning of the center line to be described; thence deflecting to the right 108 degrees a distance of 82 feet; thence along a tangential curve to the left with a radius of 123.11 feet a distance of 77.35 feet and a chord distance of 76.08 feet; thence Southeasterly along a tangent 40 feet; thence along a tangential curve to the right with a radius of 21.23 feet a distance of 26.07 feet and a chord distance of 24.5 feet; thence Southwesterly along a tangent 68 feet and there terminating. Being abstract land. u/ --" o . \ z Z 1 u a S U A7 0 t'i, �. a • o w oeaPg;Ea29 V =... 4 410 \�` ,,n.`,E9.. ? 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Oil s. ss -s s q� i�gitis 'sa 0'; i7'..r.p a ...gog: e» iy'a a3 ,1a =gym Oi s• wig ,211 bpi �8 Se���'Sp110A 3 ..Y.��fi3z'g175 3i-tiW '.03 illa: z .as e=r;, �s3s o�°u9ti Cb �i-y 6,,' 2--'03— 1S W; 313$a.0 11'.11s sE.-1 Sy iie@ 1g 5 a901 a':' a1-4-Vaa:Wilbs'- Say a 1!,,2 Ent i z . n W gs814:1; . 1E0TbgnA: � 8a '�A slgu 11'1g ® ce V➢gq th .o�27, h q1 g a$ g^-2„g^ -saa oIr.4.-0,-14ti s IAA-o , a_T' `g•A't i BOA gt' ei a!'- iz ga as 1 govwi,NNWv R 3x Igl Pili 1111%11 g >iff l`1giigi sFY. • B aji£ s �NI Egli 011ex 1 �5 •1aR. S8aex rx a 9 A• -fi t v•gg 5 4°fi o "'. .33if z e 2 aEaay • • . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed Deputy City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 11, 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this ;?a ill day of /-e_c_e_ , 2006 Deputy City Clerk • CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE:November 29,2006 TO: Allen Munson COPIES: 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: November 27, 2006 Council took the following action: Motion to direct staff to draft a resolution for 1)approval of CUP for fill not to exceed 2400 c.y.and allowance for fill less than 5' from south lot line; and 2) denial of average lakeshore setback variance. Applicant to provide a revised site plan,grading plan(and revised house plans if available) for staff& City Engineer review prior to December 11 meeting. VOTE: 4 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council- Monday, December 11,2006—meeting begins at 7:00 p.m. PLEASE SUBMIT REVISED PLANS AS SOON AS POSSIBLE. If you desire certified copies of the Official Council minutes,they are available from the City Clerk after review and approval by the Council. If you have questions,please call Planning Director Mike Gaffron at 952-249-4600. • • CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE:December 15,2006 TO: Allen Munson COPIES: Lyle Oman 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: December 11, 2006 Council took the following action: Motion to adopt the resolution previously mailed to you,which denies the average lakeshore setback variance and approves the CUP with conditions. VOTE: 5 FOR 0 AGAINST Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday,8:00am to 4:30am). All persons with interest in the property must sign the resolutions. Conditional Use Permit approval is limited to the extent shown on approved plans and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. CUP approval expires one year after date of approval. A building permit must be obtained no later than December 11, 2007. NOTE: Building permit cannot be issued until you have fulfilled conditions #3 and #4 of the resolution: 3. Evidence that the proposed drainage easement over the adjacent property at 3155 North Shore Drive has been granted and recorded with Hennepin County shall be provided prior to issuance of a building permit for the new residence. (Your attorney must draft an easement document, Mandel's must sign it and your attorney must record it at Hennepin County. Bring us back a copy of the recorded document with official county document numbers/stamps). 4. Rain gardens shall be established on the site for purposes of stormwater management,subject to approval of the City Engineer. A proposed rain garden design shall be submitted by applicant and approved by the City Engineer prior to issuance of a building permit for the new residence. Such rain gardens shall be constructed on the site and covenants for their maintenance shall be established,prior to issuance of a Certificate of Occupancy for the new home. If you desire certified copies of the Official Council minutes,they are available from the City Clerk after review and approval by the Council. If you have questions,please call Planning Director Mike Gaffron at 952-249-4600 (Contact Building Official Lyle Oman during December 16 thru Jan. 1). 12/11/2006 MON 13: 03 FAX 9524760007 Peter W. Johnson 2002/003 • • Page 1 of 1 Peter W. Johnson From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Monday, December 11, 2006 12:30 PM To: 'City of Orono (mgaffron@ci.orono.mn.us)' Subject: Munson Application Planning Application #05-3135 Mr. Gaffron, Thank you for providing copies of the latest revisions to the Munson application. 1 reviewed the latest revisions and shared my conclusions with Morrie Wegener. Based on our understanding of the proposal, the Wageners have no objection to the proposed issuance of a CUP for additional fill. The Munson plan now locates the home behind the average set-back line such that no set-back variance will be necessary. The revised plan proposes to locate the first floor elevation at 935.2 (compared to the existing floor elevation of 934.34) and (by scale) proposes the building height at 32 feet. As we understand the proposal, the top of the parapet would be at 937.2 and no chimneys are planned. Since the height limit under Orono ordinances is 938.5, no height variance is necessary, and no CUP has been requested for any chimneys. The grading and drainage plans do not specify placing fill against the Wagener's retaining wall and no drainage from the Munson property is directed onto the Wagener's property. As we discussed, the Wagener's would object to importation of fill for the purpose of raising the elevation of the home artificially. The Munson's propose to raise the floor of the home by approximately one foot and I assume that change is to address a construction issue or condition. Adding fill to raise the profile of the home would violate the intent of both section 78-967(b)(1)and section 78-1250(1)(b)and would be grounds to deny the requested fill CUP. Based on the current application, the Wageners will not be appearing in opposition to the Munson's plan. Should there be an upward change to the proposed elevation of the home, I request that the Wageners be given an opportunity to review the proposa and respond before final council action. Thank you for your assistance in this matter. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell! 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee (s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 12/11/2006 12/11/2006 MON 13: 03 FAX 9524760007 Peter W. Johnson l 003/003 • • Peter W. Johnson From: Symantec_AntiVirus for_SMTP Gateways@logis.org Sent: Monday, December 11, 2006 12:27 PM To: peterl@peterwjohnson.com Subject: Delivery failure notification Your message with Subject: Munson Application Planning Application #05-3135 could not be delivered to the following recipients: mgaffron@ci.orono.mn.us Please do not resend your original message. Delivery attempts will continue to be made for 1 day(s) . I 12/11/2006 MON 13: 03 FAX 9524760007 Peter W. Johnson 0001/003 r • • • PFTFR W. JOHNSON 15250 WAYZATA BOULEVARD SUITE 103 WAYZATA, MINNESOTA 55391 TELEPHONE: (952) 475-1907 F.A.X.: (952) 476-0007 Email: petea.j@peterwiohnson.cor FACSIMILE TRANSMISSION COVER SHEET DATE; ( Z 1 1i /a. TO: M`%\e----2- FAX: 2. `{ 9 - 4LIL RE: r"10.-ers0-1 Aprac - YOU SHOULD RECEIVE 3 PAGE(s), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL 952-475-1907. - jc tAdvisue. ArpL ca�-��t,_ Was , e�u„�, . Z4 a f p_e_ca..n s Le,t� � Sy �S 0. V vnA t , col; Le, use, - The information contained in this facsimile message may be privileged and confidential. It is intended only for the use of the individual or entity to whom it is sent. If the recipient of this transmittal is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify me by telephone and return the original message to me at the above address by U.S.Mail. AapwjActive\aalFAX revised 6-16-05.doc • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 11,=2607-"Iw'v; 7:00 o'clock p.m. HRA MEETING—7:20 P.M. Mayor Peterson recessed the Orono City Council meeting to open the HRA meeting at 7:29 p.m. Mayor Peterson reconvened the Orono City Council meeting at 7:32 p.m. PLANNING COMMISSION COMMENTS—RALPH KEMPF,REPRESENTATIVE Kempf noted he recently watched the City of Maple Plain meeting with the Minnesota Design Team and encouraged the City Council members to watch the meeting on the DVD he obtained from the LMCC. Sansevere encouraged the City Council to consider televising their meetings. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 9. #05-3135 ALLEN MUNSON,3165 NORTH SHORE DRIVE—CONDITIONAL USE PERMIT AND VARIANCE—RESOLUTION NO. 5551 Allen Munson,Applicant,was present. Murphy noted an e-mail was received from Peter Johnson on December 11tregarding the Munson application and the fill being proposed for this project. Gaffron stated the City Council did review this application at the previous Council meeting,with Staff drafting a resolution for approval by the City Council tonight to allow fill not to exceed 2400 cubic yards to be brought into the site. Gaffron stated that amount of fill equates to 240 truckloads of fill being q brought in over a private road. Gaffron stated the applicant should work out an agreement with his neighbors regarding the noise,traffic, and the impact to the road prior to the fill being hauled in. The resolution requires the applicant to satisfy the City Engineer's concerns and to incorporate rain gardens into his project as a method of stormwater runoff treatment. The resolution also requires that the proposed drainage easement over the adjacent property at 3155 North Shore Drive must be granted and recorded with Hennepin County prior to issuance of a building permit for the new residence. Murphy commented he is encouraged by the comments contained in the e-mail from Mr. Johnson that the parties are getting along and have resolved their differences. Murphy noted, as contained in the e-mail, that the Wageners would object to importation of fill for the purpose of raising the elevation of the home artificially. Gaffron stated it is his understanding the fill is being brought in to raise the elevation behind the house and not to raise the elevation of the house itself. Gaffron stated the fill should not have a visual impact to the Wageners. McMillan inquired whether the City should have on file anything regarding the easement prior to the work commencing. PAGE 4 of 17 I •• • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 11,200-7 z 7:00 o'clock p.m. (9. #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) Gaffron stated the City does not have a specific requirement in their ordinances that requires the applicant to file with the City the easement. Munson indicated he has spoken with all of his neighbors concerning the fill being brought in and that the neighbors are all in agreement that the road would be redone once the project is completed. McMillan inquired whether a swale would also be created for the rain garden. Gaffron stated it is anticipated some grading and seeding would occur in connection with the rain garden. McMillan inquired whether there are any restrictions regarding that work in the 0-75' zone. Gaffron stated Staff does have the ability to issue land alteration permits for up to 10 cubic yards of movement, which would cover rain gardens,but that the City does not have any specific ordinances addressing rain gardens at this point. Murphy moved,White seconded,to adopt RESOLUTION NO. 5551, a Resolution Granting a Conditional Use Permit,for the property located at 3165 North Shore Drive. VOTE: Ayes 5,Nays 0. 10. #06-3189 TERRY AND SUZANNE JOHNSON,543 PARK LANE—VARIANCE— RESOLUTION NO. 5552 Terry and Suzanne Johnson,Applicants,were present. Gaffron stated the applicants are requesting lot area,lot width,average lakeshore setback and 75-250' zone hardcover variances in order to construct a new single-family home on their property. This application was before the Council in August. At that meeting the application was approved and the applicants were directed to have their final survey drafted as well as provide Staff with the final home • plans. • During the final review Staff noted that the proposed home has a 1.5-foot encroachment for a 7-foot wide cantilevered area off of the dining room. While the Council's direction to the applicants was to meet the 10-foot side setbacks in revising the plans for the house,the applicants realized that this was one area that they felt required the additional 10.5 square feet of area or 1.5-foot encroachment. The applicants are requesting a variance for an 8.5-foot side setback for the 7-foot area where 10 feet is required. The Planning Commission voted 6-0 to recommend denial of the variances back in April of 2006. Gaffron stated Staff feels the encroachment of the cantilevered area is fairly minor in its visual impact to the neighborhood. The resolution has been drafted to allow the 1.5-foot encroachment,but Council should discuss whether this setback variance request is reasonable. Murphy q inquired whether the bump-out is to accommodate a fireplace. P p Mrs. Johnson stated the bump-out is a built-in storage area and is basically the size of a window seat. Johnson indicated the bump-out does not extend from the floor to the ceiling. The bump-out was PAGE of 17 of BOnestroo 335 West Highway 36 • St. Paul, MN 551 1• P ffi r�t�r Rosene Office: 651-636-4600 ■ Fax: 651-636-1311 Anderlik& www.bonestroo.com • Associates Engineers&Architects December 6,2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3165 North Shore Drive File No. 000139-06000-1 Plat No. 05-3135 Dear Mike: We have reviewed the grading plans for the proposed home construction at 3165 North Shore Drive, dated 11-30-06. We have the following comments with regards to engineering matters: • The applicant needs to provide engineered design information for the 11-12 foot high retaining walls leading into the garage and any other retaining walls that are greater than four feet in height on the site. • On the east side of the site, drainage is directed over the adjacent property. The plan shows a proposed drainage easement. The applicant should provide these easement documents for the city's review prior to approval. • The revised plan shows grading matching into the bottom of the existing boulder retaining wall along the south property line. This plan appears to keep the grading entirely on the applicants property and maintains the current height of the retaining wall. • Final plans should contain erosion and sediment control information. If you have any questions, please call me at(651)604-4894. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES, INC. )�_ I . �. Darren Amundsen Cc: Tom Kellogg Bonestroo recently merged with DSU,bringing together some of the best regional talents in engineering,architecture,planning,landscape architecture, • and urban design.Our combined team now provides integrated services in one organization. • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned ew� • • Date Application Received: 6-22-05 Incomplete Notice Sent: 6-29-05 Date Application Considered as Complete: 7-7-05 Initial 60-Day Review Period Expires: 9-7-05 Extended by Notification on 8-3-05 to: 11-7-05 Extended 6 months at Applicant's Request to: 5-7-06 Extended by Applicant Request to: 7-6-06 Extended by Applicant Request to: 9-4-06 Extended by Applicant Request to: 12-31-06 REQUEST FOR COUNCIL ACTION Date: December 6, 2006 Item No.: Department Approval: Administrator Approval: Agenda Section: Zoning Name: Michael P. Gaffron Title: Planning Director Item Description: #05-3135 Allen Munson, 3165 North Shore Drive Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Average Setback Variance (Denied) - RESOLUTION Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f. (1.38 acre) / 150'-173' List of Exhibits A - Resolution B - Notice of Council Action 11-29-06 C - Draft Council Minutes of 11-27-06 D - New Revised Survey/ Site Plan/Grading Plan Dated 11-30-06 E - City Engineer's comments 12/6/06 F - Staff Memo, Site Plan, House Plans from 11-27-06 Meeting Application Status:On November 27 Council voted 4-0 to direct staff to draft a resolution for 1) approval of CUP for fill not to exceed 2400 c.y. and allowance for fill less than 5' from south lot line; and 2) denial of average lakeshore setback variance. Applicant has provided a revised site plan and grading&drainage plan,with the house shifted to eliminate the average setback encroachment. The City Engineer has reviewed the plan and his comments are discussed below. • • #05-3135 December 6,2006 Page 2 Staff Comments on Revised Layout Building Height The revised survey/site plan has the southwesterly wing of the house abutting the existing grade approximately at elevation 938.5',with a lower floor level continuing to be proposed at 935.2' as it has been since the earlier reviews, which appears to be within a foot of the existing house lowest floor elevation. Based on this, it is staffs opinion that the proposed fill is not contributing to any unusual increased"visibility of structures...as viewed from public waters",one of the criteria for CUP analysis in Zoning Code Section 78-1250. Assuming no changes from the house elevation plans reviewed previously, the top-of-parapet elevation of 967' yields a defined building height of 28.5 feet,meeting the 30' limit. As before,the west yard will be filled so that only the upper level will be above final grade on that side. Grading and Drainage. The revised grading plan dated 11-30-06 has been reviewed by the City Engineer's office and their comments are summarized as follows: 1) Retaining walls for garage entrance need engineered design. 2) Drainage easement proposed over neighbor's property must be formally established. 3) Grading plan along south lot line keeps grading on applicants property and maintains height of existing boulder retaining wall. 4) Final grading plan should contain erosion and sediment control information. The applicant will be required to satisfy the Engineer's concerns. Additionally the resolution has been drafted to require the incorporation of rain gardens as a method of stormwater runoff treatment,per the Planning Commission recommendation. The resolution requires that the proposed drainage easement over the adjacent property at 3155 North Shore Drive must be granted and recorded with Hennepin County prior to issuance of a building permit for the new residence. Finally,because the access to the property is over a private easement roadway shared by a number of adjoining property owners, the applicant is advised to obtain whatever permission or approval is necessary from the entity that controls the road;2400 cubic yards of fill translates to 240 dump truck loads, which may have negative impacts from a traffic, noise, and road maintenance/repair standpoint. Staff Recommendation Staff recommends approval of the fill CUP, subject to compliance with the City Engineer's recommendations and comments. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. . Lr Bonestroo 2335 West Highway 36 • St. Paul, MN 55113 Rosene Office: 651-636-4600 • Fax: 651-636-1311 Anderlik& www.bonestroo.com Associates Engineers&Architects December 6,2006 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay,MN 55323 Re: 3165 North Shore Drive File No. 000139-06000-1 Plat No. 05-3135 Dear Mike: We have reviewed the grading plans for the proposed home construction at 3165 North Shore Drive, dated 11-30-06. We have the following comments with regards to engineering matters: • The applicant needs to provide engineered design information for the 11-12 foot high retaining walls leading into the garage and any other retaining walls that are greater than four feet in height on the site. • On the east side of the site,drainage is directed over the adjacent property. The plan shows a proposed drainage easement. The applicant should provide these easement documents for the city's review prior to approval. • The revised plan shows grading matching into the bottom of the existing boulder retaining wall along the south property line. This plan appears to keep the grading entirely on the applicants property and maintains the current height of the retaining wall. • Final plans should contain erosion and sediment control information. If you have any questions,please call me at(651)604-4894. Yours very truly, BONESTROO, ROSENE,ANDERLIK&ASSOCIATES, INC. Darren Amundsen Cc: Tom Kellogg Bonestroo recently merged with DSU,bringing together some of the best regional talents in engineering,architecture,planning,landscape architecture, and urban design. Our combined team now provides integrated services in one organization. • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned • 0 t6o 1-V. ( 0 . 00ITY of ORONO vir i, ` t,.,- �Af ! Municipal Offices vs.0 �,�,' `. ,,G// Street Address: Mailing Address: ,,.',,`9$ p ' ` 2750 Kelley Parkway P.O. Box 66 E$x Orono, MN 55356 Crystal Bay, MN 55323-0066 December 4, 2006 Tom Kellogg Bonestroo &Associates 2335 West Highway 36 St. Paul, MN 55113 Re: Zoning Application#05-3135: Allen Munson, 3165 North Shore Drive - CUP for Fill> 500 c.y. in Conjunction with Rebuild- NEWLY REVISED PLANS Dear Tom: Enclosed please find a revised survey with new footprint, house orientation and grading plan dated November 30, 2006 with regards to the Munson application. This grading plan replaces the plan forwarded to you on November 22, and reflects the Council's November 27th action to deny the average setback variance. This item will be reviewed by the Council on December 11, for possible final action on the fill/grading CUP. Written comments are requested if possible within the short timeframe available. Please call if you have questions (952-249-4622). Thank you! Sincerely, A f1/ Michael P. Gaffron Planning Director Encl. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.rnn.us MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (4. RECOGNITION OF THOSE WHO CONTRIBUTED THEIR TIME, TALENTS,EFFORT AND EQUIPMENT TOWARD BIG ISLAND PARK IMPROVEMENT AND CLEAN-UP, Continued) Acting Mayor White presented Xcel Energy, Wes Bendickson, Gabriel Jabbour,Tom Nicccum,Bret Niccum,Don Anthony,Mike Brown, and Tony Schmidt with resolutions acknowledging their contributions to the Big Island Improvement Project. Jim Murphy thanked former Mayor Gabriel Jabbour for coordinating this project,noting that the park is more environmentally sound due to the efforts of Jabbour and the other volunteers. Melanie DeLuca reported on the success of the Big Island Summer Institute program this past summer. A nine-week program was conducted this summer, with transportation being provided by the Lake Minnetonka Sailing School. Children from 23 different communities were able to participate in the program this year,with 156 students involved in the program overall. DeLuca thanked the members of the Orono City Council for their sponsorship of some of the low-income students and the other volunteers who helped make this program a success. The City Council and the audience watched a DVD highlighting the Big Island Summer Institute Program. Murphy moved,Sansevere seconded,to adopt Resolution Nos. 5535 to 5542 Recognizing Wes Bendickson,Tom Niccum,Bret Niccum,Tony Schmidt,Don Anthony,Mike Brown, Gabriel Jabbour, and Xcel Energy,particularly Greg Wenzel,for their Outstanding Efforts and Contributions Toward the Clean-up and Improvement of the Big Island Park Property. VOTE: Ayes 4,Nays 0. PLANNING COMMISSION COMMENTS—DICK KROEGER,REPRESENTATIVE Kroeger stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINSTRATOR'S REPORT 5. #05-3135 ALLEN MUNSON,3165 NORTH SHORE DRIVE—CONDITIONAL USE PERMIT—VARIANCE Allen Munson,Applicant,was present. Gaffron stated the applicant is requesting a conditional use permit and a variance to the average lakeshore setback to allow for construction of a new residence. The Council had previously reviewed this application in March, with the application being tabled to allow the applicant to revise his plans in a manner that would be acceptable to the adjoining property owner affected by the average setback encroachment. PAGE 3 of 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) The revised proposed residence has a flat roof with a parapet. The top of the parapet is about 30 feet above the existing lakeside grade. The prior plan showed a 27-foot height on the lakeside. The new plan meets the City's height limits. The portion of the house within the average lakeshore setback consists of two stories and is a six-foot encroachment. The City Engineer has not had an opportunity to review the revised plans. Staff recommends approval of the fill CUP, subject to confirmation by the City Engineer that the grading and drainage plan is acceptable. The applicant is proposing to bring in approximately 2350 cubic yards and will be placed on the landward side of the house. Council should review with the applicant the basis for not meeting a 5-foot fill setback. Sansevere inquired whether the house could be pushed back six feet and still keep the same footprint. Gaffron stated the location of the house probably relates to topography and the view of the lake. Munson stated the further back from the lakeshore you go, due to the tree line,the side lakeshore view is lost. Sansevere commented the fill issue is not a major issue,but inquired whether Mr.Wagener's view would be impacted by the encroachment. Wagener stated he has met with the applicant three different times,with a request being made of the applicant to set corner posts,which was completed, and his surveyor marked the elevations of the proposed house. Wagener stated the Mandel house pushed the average lakeshore setback closer to the lake. Wagner stated he would like to see a house that is similar to the existing house,which is more a low-profile structure. Sansevere stated the applicant is not excessive on the height but that he does have a concern with the six feet encroachment being proposed. Sansevere commented the City Council generally listens to the comments of the neighbors when attempting to reach a decision on a variance request and that the City Council encourages the neighbors to work together to reach a workable solution. Munson stated he has attempted to contact Wagener numerous times but has been unable to reach him personally. Sansevere stated he is not supportive of the encroachment if it impacts a neighbor's view of the lake. Munson stated there are two extremes,with the house to the north being located 75 feet from the lakeshore and the other house being located 300 and some feet back from the lakeshore. Murphy stated the average lakeshore setback is one of the more stringently enforced ordinances of the City. Murphy questioned whether the applicant feels it is okay to encroach into the lakeshore setback due to the trees and still be okay with locating his house in a position that would impact the neighbor's view. Murphy stated he does not see a hardship in this situation to grant the variance. PAGE 4 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) McMillan inquired whether any of the existing foundation is going to be utilized. Munson stated the City would not allow him to use the existing foundation due to the variances that would be required. White requested a clarification on the fill. Gaffron stated the applicant is working with the Mandels to obtain an easement in order to create a drainage swale to direct the drainage more in its natural flow across the Mandel property. Gaffron indicated the Mandels are not opposed to the easement. Gaffron stated there is an underground garage with a circular driveway above it. The current survey suggests that there will be grading right up to the lot line rather than five feet off of the property line. The impact of stopping the grading five feet from the property line would result in a ditch along the property line and would have some impact on how the runoff would flow past the neighbor's retaining wall. Kellogg stated he did briefly review the grading plans prior to tonight's meeting and that it appears the proposed drainage would work but that there is a question on the exact location of the retaining wall. The fill brought in would be lower than the top of the wall but would raise the grade on the Munson side. Kellogg recommended the location of the retaining wall be clarified. Gaffron stated the City has a code that restricts grading within five feet of the property line except if it is to create a drainage swale. The issue is that there is filling proposed up against the lot line to create the drainage swale rather than cutting away the dirt. Gaffron stated the elevation would still be lower on the Munson property. White inquired how high the fill would go. Munson stated it would be approximately two feet higher and that he is keeping it one foot below the retaining wall. McMillan inquired whether there would be erosion without the fill. Kellogg stated that is the only way that a swale could be established in that area and that the erosion will eventually go away once vegetation becomes established. McMillan commented it appears that without the fill there would be a big drop-off on the one side of the structure. Munson stated some water from the property to the north drains onto his property and that he is attempting to correct that situation. White stated in a situation where there is grading close to the lot line,the Council generally requires the permission of the adjoining property owner. Murphy stated he is hesitant to approve a six-foot variance into the average lakeshore setback even if there is an agreement by the affected adjoining property owner. PAGE 5of10 MINUTES OF THE• ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5: #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) Munson stated in his view the six-foot variance was reasonable. Sansevere stated in this situation the adjoining property owner has an issue with the encroachment and that the average lakeshore setback is designed to protect the views of the neighbors. Munson stated given the row of trees,the adjoining property owner would not see his new house. Murphy inquired whether Mr. Wagener was shown the revised plans. Munson stated he did show his plans to Mr. Wagener and erected the posts as requested by Mr. Wagener. Peter Johnson stated shortly after the last meeting Mr.Wagener and the applicant did have a conversation at the site. The applicant was requested to erect two poles demonstrating the proposed height of the new structure. Mr. Wagener's architect reviewed the revised drawings and came to the conclusion that the top of the parapet is now at 967', which is six feet higher than what was originally proposed. Johnson stated in March it was their understanding that the elevation from top of the first floor to the top of the parapet was 32 feet. Munson stated the plans are not to scale. Johnson stated they do have an interest in determining the elevation of the residence, and at the beginning of the discussions Mr. Wagener told the applicant he would not object if the encroachment remained the same as what currently exists,which is a one-story dwelling in that location. Mr. Wagener has also told the applicant that he would be willing to remove some of those trees that are adjacent to the lot line. Sansevere inquired whether that is still the intent of Mr. Wagener. Mr.Wagener stated he is willing to remove approximately 30 feet of some six-foot tall bushes. Sansevere inquired how the proposed home fits in with the character of the neighborhood. Gaffron stated he does not feel the home is out of character with the neighborhood and that the main issue is the impact to the neighbor's view. Sansevere reiterated he would not be in favor of the encroachment. McMillan stated she does not see the neighbor's trees as constituting a hardship and that she would not be in support of the variance. Murphy inquired which plans are not to scale. Munson stated he does not know which plan Mr. Wagener was using to measure from but that it is his understanding the City allows 32 feet. Gaffron stated the proposed residence is a two-story house and the City allows two and a half stories. Gaffron stated they measure from the existing grade,which is approximately 938' at the far corner, and • PAGE 6 of 10 • • MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) results in a 29-foot defined height and meets the City's code. Gaffron stated the applicant's defined height would become less as he goes further back into the hill. White stated the Council would be directing Staff to draft a resolution either approving or denying the application tonight. Brokl stated action would need to be taken on both items tonight in order to meet the 60-day deadline. Murphy asked if the City Council directs Staff to draft a denial resolution, whether the applicant would need to redesign his plans and start over. Munson stated he has been working with Staff for approximately two years on this project. Murphy stated he is reluctant to approve the conditional use permit since the grading plan is based on the house encroaching six feet into the average lakeshore setback and the grading may change if the location of the house changes. Gaffron stated there should be relative minor changes in the grading if the house is relocated out of the average lakeshore setback. • Brokl stated the Council has the discretion of approving a conditional use permit up to a certain amount of fill. Brokl stated if the applicant is able to meet the requirements of the City,he would not need to appear before the Council again. McMillan moved,Murphy seconded,to direct Staff to draft a resolution reflecting denial of the average lakeshore setback variance and approval of the conditional use permit to allow fill not to exceed 2400 cubic yards, subject to review and approval of the grading and drainage plan by Staff and the City Engineer. Murphy asked Mr. Wagener whether he would like to entertain a discussion with the applicant on that corner of the house encroaching into the average lakeshore setback. Sansevere stated the average lakeshore setback regulation should be respected. Murphy stated he was suggesting the two parties attempt to negotiate the encroachment since they have to reside next to one another but that he would withdraw the question. McMillan stated the parties have had an opportunity to discuss this application in the past. Munson inquired why he was considered for a variance when one of the Council members stated the line is the line. Murphy asked when this application first appeared before the City. Gaffron stated in June of 2005 the application first appeared before the Planning Commission. PAGE 7of10 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) McMillan stated in March of 2006,the Council expressed some concerns with the encroachment, which is why there is now a question by the Council on why the applicant is currently proposing a six-foot encroachment. Gaffron stated if the retaining wall is located partially on Mr. Wagener's property and the applicant needs to do some grading on the neighbor's property, it would be necessary for Mr. Wagener to agree to the work on his property. Mr. Wagener requested the applicant stake the area of the fill and the elevation. Wagener stated the wall was done at the request of the City at the time he constructed a garage addition. Wagener inquired whether some additional screening would also be added. Munson stated he is very interested in adding some screening. McMillan inquired whether a requirement for screening should be included in the resolution. Gaffron stated language could be incorporated in the resolution regarding the grading and fill as well as a requirement for additional landscaping. McMillan requested that the landscaping be worked out between the neighbors and not included in the resolution. McMillan moved,Murphy seconded,to amend the motion to include language in the resolution regarding the placement of the fill to be a minimum of one foot below the height of the retaining wall,with some fill being placed within five feet of the lot line and possibly extending onto the adjoining property, subject to the approval of Mr.Wagener. VOTE: Ayes 4,Nays 0. D(o *6. #05-3233 ST. EDWARDS CHURCH, 865 FERNDALE ROAD NORTH—CONDITIONAL USE PERMIT—VARIANCE—RESOLUTION NO. 5543 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5543, a Resolution granting a variance for St. Edwards Church, 865 Ferndale Road North. VOTE: Ayes 4,Nays 0. *7. #06-3238 VOGUE ICF HOMES,2709 WALTERS PORT LANE—VARIANCES— RESOLUTION NO. 5544 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5544,a Resolution granting variances for the property located at 2709 Walters Port Lane. VOTE: Ayes 4,Nays 0. *8. #06-3244 ReCREATIONS,INC.,3925 CHERRY AVENUE—VARIANCE— RESOLUTION NO. 5545 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5545, a Resolution granting a lot area variance for the property located at 3925 Cherry Avenue. VOTE: Ayes 4,Nays 0. PAGE 8 of 10 • • Page 1 of 1 • Mike Gaffron From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Monday, November 27, 2006 3:23 PM To: Mike Gaffron Subject: Munson Planning Application #05-3135 Mike, Attached is Mark Gronberg's survey report. Morrie Wagener had the report prepared. As you may recall, Allen Munson had offered to place poles at the corners of the proposed SW and SE building corners at a height representing the proposed finished parapet elevation. As the attached report reflects, the poles reached elevations of 960.9 and 960.6. The new plan, which apparently includes 14 foot ceilings on the upper floor, would have a height of 32 feet from finished first floor to top of parapet. Architect Steven Fichtel calculated the parapet elevation. His calculations are attached. The proposed top elevation is 6.1 feet higher than the poles that were surveyed by Mark Gronberg, assuming there are no chimneys. At the last Council Meeting, Morrie requested that Mr. Munson discuss his options and plans with Morrie and his wife to see if a compromise could be reached. No effort was made to contact the Wageners. Instead, the completed revisions were submitted on short notice to the City, during a short work week, without notice or copies to the Wageners. Mr. Munson's' plan is now apparently to raise, not lower the proposed elevation. Perhaps that explains why he decided not to discuss the application with his neighbors. This evening, I will appear with Morrie Wagener to voice objection to the new proposal. Briefly, here is no hardship to justify a variance to permit the encroachment into the average lakeshore setback area. In addition, the applicant as not tried to mitigate the impact on neighbors, and has made no effort to minimize the nature of the encroachment. The applicant also proposes to bring in a large volume of fill. We have not had an opportunity to review the drainage plan with an engineer and will reserve comment— however, the application should not be approved until the City has completed an engineering review of the final drainage plan. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell: 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee (s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 11/27/2006 • 0 • 17,111 d Y U CV I l J v.Y.O :r4L,'-, 5 N V ' ,. rir ] (I II 0 . ii ' 1 1 ;Iilttt1ti ———— —— DUX,rsK� '�'Y � us.,m-e 64R44ggdd qqqqqq T,31.3R/Oil w U z w 1 w' b w = -` k nevwxr•a `� z i O p CZ 114' e I M I I • Quw-u Q Aye^■/ /� _ tin 1 ' — i II' CD i Z a III w • NO. REVISION DATE ]Pit,Win. 0 • ONAWNBY LB IBBfEW(KM DATE ISSUED DATE La .torture SCALE IN'+I'S thin. :!WW1 ;x -NANO. 7]DA ix .um.wau SHEET ,a .,po A4 • „ • GRONBERG &ASSOCIATES,INC.. SURVEYING, ENGINEERING AND LAND PLANNING 445 N.WILLOW DRIVE LONG LAKE, MINNESOTA 55356 952.473-4141 FAX: 952-473-4435 July 24, 2006 Maurice Wagener 1420 Bohn Point Road Orono,MN 55391 Dear Morrie: On July 20. 2006 we shot the top of the two poles on the neighbor's property. The Northeasterly of the two poles was at an elevation of 960.9 feet and the Southwesterly pole was at 960.6 feet. Sincerely, Gronberg& Associates, Inca Mark S. Gronberg,P.E. & L.S. � � ' -- ----- --- ---` ' ` \ � ` ^ 'l � ` ^' bh\ ^ • • O O CITY of ORONO � Municipal Offices ��� � ` ¢• Street Address: Mailing Address: �ESH� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 November 22, 2006 Tom Kellogg Bonestroo & Associates 2335 West Highway 36 St. Paul, MN 55113 Re: Zoning Application#05-3135: Allen Munson, 3165 North Shore Drive - CUP for Fill> 500 c.y. in Conjunction with Rebuild - REVISED PLANS Dear Tom: Enclosed please find the following new information in relation to the above request by Mr. Munson: 1) Revised survey with new footprint, house orientation and grading/drainage plan 2) Revised house plans 3) Staff memo 11-21-06 This item will be reviewed by the Council on November 27. Please review with regard to engineering matters and, if at all possible, be prepared to comment verbally on the grading and drainage plan at the Council meeting. Written comments are requested, but I understand this is getting to you in too short a timeframe for anything in writing by Monday night. Please call if you have questions (952-249-4622). Thank you! Sincerely, /4_4 Michael P. Gaffron Planning Director Encl. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us • • Date Application Received: 6-22-05 Incomplete Notice Sent: 6-29-05 Date Application Considered as Complete: 7-7-05 Initial 60-Day Review Period Expires: 9-7-05 Extended by Notification on 8-3-05 to: 11-7-05 Extended 6 months at Applicant's Request to: 5-7-06 Extended by Applicant Request to: 7-6-06 Extended by Applicant Request to: 9-4-06 Extended by Applicant Request to: 12-31-06 REQUEST FOR COUNCIL ACTION Date: November 21, 2006 Item No.: Department Approval: Administrator Approval: Agenda Section: .444x Zoning Name: Michael P. Gaffro Title: Planning Director Item Description: #05-3135 Allen Munson, 3165 North Shore Drive 1) Variance: Average Lakeshore Setback 2) Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f (1.38 acre) / 150'-173' List of Exhibits A - Revised Survey& Site Plan B - Revised Building Plans and Elevations C - Notice of Council Action 3-28-06 D - Council Minutes of 3-22-06 E - Revised Hardcover Calculations F - Memo and Exhibits of 3-22-06 Application Summary: Applicant requests an average lakeshore setback variance for a 6' encroachment(as compared to a 22' encroachment with prior plans),and a conditional use permit for importation of fill in excess of 500 cubic yards (2350 c.y. originally proposed -revised plan appears to have approximately the same volume of fill) to allow for construction of a new residence to replace the existing residence on the property. The revised proposed residence has a flat roof with parapet height of about 30' above the existing lake-side grade; the prior plan (Exhibit E of the 3-22-06 memo) showed a 27' parapet height on the lake side. The new plan meets the City's height limits. Planning Commission Recommendation: On February 21,Planning Commission voted 3-3 on a motion to recommend approval for the variance and fill CUP. No further recommendation was forthcoming. Council Action 3-22-06: Council tabled this application,encouraging the applicant to revise his plans in a manner that would be acceptable to the adjoining property owner affected by the average setback encroachment (Morrie Wagener). • • #05-3135 November 21,2006 Page 2 Revised Plans Submitted Building Height,Average Setback.The applicant has submitted a revised survey/site plan,hardcover calculations,grading plan and preliminary building plans and elevation views. The concept of a flat roof,2-story residence has not changed,but the footprint now includes a westward jog at the south end to minimize the encroachment of the average setback line. The house elevation views submitted do not show any chimneys,nor do the floor plans. The parapet height shown is less than 30' above existing grade at the high side, based on a high-side existing grade elevation of 938' +at the new extension;the building therefore meets the City's height limit for flat roof structures. As before,the west yard will be filled so that only the upper level will be above final grade on that side. Grading and Drainage. The grading plan was received on 11-21-06 and is being forwarded to the City Engineer for review and comment. An estimate of the number of cubic yards of fill that will be brought onto the site is pending. Drainage will be directed to a swale along the south side and to the shared lot line(and partially over an easement on the neighboring property) on the north side. The underground garage with loop driveway partially above it is still proposed. Proposed hardcover and structural coverage are both conforming. Council should review the prior discussions with applicant regarding placement of fill within 5' of the shared lot line to the south;grade on the applicant's side of the existing stone retaining wall will remain lower than existing on Morrie's side,which should keep drainage on applicant's side of the lot line. Staff Recommendation Staff recommends approval of the fill CUP, subject to confirmation by the City Engineer that the grading and drainage plan is acceptable. Council should review with the applicant the basis for not meeting a 5' fill setback. Staff has no strong recommendation on the average setback variance; regardless how the Council concludes on this issue, the site is so unique that the end result will not be very precedent-setting. Council should again review the attached memos, documents and PC minutes regarding this application. The average lakeshore setback ordinance was established to protect the lake views enjoyed by adjacent property owners. A variance can be granted where there are unique circumstances or where hardships are demonstrated. Council must ultimately weigh the negative impacts on the neighbor's lake views against the applicant's desire to maximize his lake views.As of this writing, staff has received no comments on the revised plan from Mr. Wagener or his representatives, who have been provided with the revised plans. COUNCIL ACTION REQUESTED Review the application,and determine whether the fill CUP and the average setback variance will be granted. A resolution reflecting Council's conclusions and incorporating appropriate CUP conditions will be drafted for the December 11 Council meeting. `V )\\...J [Hill s,RAg* -25or.$ O 5q G^6�N ,O i'l � (3) 0 10 O• EXISTING RESIDENCE • 1 • • 0 \\ ,-]\,44 / I • • • \ -- S 00'11205"w \ , 175.00• I a • • ;' e k I• '^ • \ G :$ \ S I I N: ug et \ • u as \ . 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Fq ;t1; ill igo 1��XR �A to ;4_, --- Igai cRa1 Wig D m MUNSON RESIDENCE 1,` h ' Min sum ow RNR IN 952 m ORONO,MINNESOTA w It J-¢sar r€of 0.CONT.,..c r�r>s�cacs • LOWER LEVEL GARAGE PLAN s wcww'Emo a, uscc•ru m.eaosPart�wPam m. rsEx. sra+csnt" �Lrcn Q : %tiw•"ens 2 c0nu z m ss.m ,wrm cacmane ecli se �4 D NOT FOR CONSTRUCTION „c,._C•„,,,�•,• ,;' " "" P architectural group,inc. • ,.. ......_, H F.,§ , , d g,, , , =y ,.......„ r✓ .m - -r am $< D --1I I _-1i 2 iH P I 11l -1. I , ,......, I .._' h d roI I1 I 1 I 1 I I > r� l�.� 1 \ I I I 1 1 I I IU I1 I I 1 lil I IU 1 I I. 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Se 952 653 6305 m K xvw.E6psWCMaap.mm s �J = SECTIONS 5FGI '� "a"4 NAPCSE "� r [qY 1' u .xvrs cc, or C' INl6!E aEipKT1JN 4T TIE eclipse �F S.,X.01FVR AriU5PFC19.1IFS IS f� r p b b S S NOT FOR CONSTRUCTION ,.,1:,,,.,m„w; „, ^^�¢ architectural group,inc. • • Formal Request for Extension of Review Period Date Application Received: 6/22/05 Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 Extended by Applicant Request to: 7/6/06 Extended by Applicant Request to: 9/4/06 With regards to City of Orono Zoning Application#05-3135, 3165 North Shore Drive, I hereby request an extension to December 31,2006 of the statutory application review period (which began on July 7, 2005 and was subsequently extended by City notification to me an additional 60 days to November 7, 2005, and further subsequently extended by me for 6 months to May 7, 2006, and further subsequently extended by me for 6 months to July 6, 2006, and further subsequently extended by me to September 4, 2006) in order to allow me time to consider potential revisions to my application. plic nt Date Please sign, date and return by mail or fax to: Mike Gaffron Planning Director City of Orono P.O. Box 66 Crystal Bay, MN 55323 Fax (952)249-4616 Phone (952)249-4600 GRONBERG &ASSOCIATES,INCink • SURVEYING, ENGINEERING AND LAND PLANA. 445 N.WILLOW DRIVE LONG LAKE,MINNESOTA 55356 952-473-4141 FAX: 952-473-4435 July 24, 2006 Maurice Wagener 1420 Bohn Point Road Orono,MN 55391 Dear Morrie: or's property. The On July 20. 2006 we shot the top of the two poles on the at elevation of 960 9 feet Northeasterly of the two poles wasand the Southwesterly pole was at 960.6 feet. Sincerely, Gronberg &Associates, Inc. Mark S. Gronberg,P.E. & L.S. • • I; 3 ig? " 1, - t CO • a) ai IL,WEI I J \ \ wv,r.o a>,;... cr3 gr %7 taeen A n g i ---, ? w x; 8 g-n} [ 1, L J It f flihft%b114 aen +•n gSv — eay.a..v 5 w U z a g c :� eev.ie� C� w ¢ - - - - - q G� w z v auc...e• '. d zZ E.0 TO — a • M f.e.4eert•K - -o a47• ell,. n / 'Z z Z 0 t W q35 W IAetM•U, A - NO. REVISION DA 4 WAR ak ev.vrtee • DRAWN BY ICB/ENA1120 DATE ISSUED DI u .P.M. SCALE 1M'=. n .wxaa JOB N0. 2 e1 .mamcwD SHEET m. •wo A4 4 • Formal Request for Extension of Review Period Date Application Received: 6/22/05 Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 Extended by Applicant Request to: 7/6/06 With regards to City of Orono Zoning Application#05-3135, 3165 North Shore Drive, I hereby request a 60-day extension to September 4,2006 of the statutory application review period(which began on July 7, 2005 and was subsequently extended by City notification to me an additional 60 days to November 7, 2005, and further subsequently extended by me for 6 months to May 7, 2006, and further subsequently extended by me for 6 months to July 6, 2006) in order to allow me time to consider potential revisions to my application. r _4/ 7.11-,e96 Applicant VP"'... Date Please sign, date and return by mail or fax to: Mike Gaffron Planning Director City of Orono P.O. Box 66 Crystal Bay, MN 55323 Fax (952)249-4616 Phone (952)249-4600 i I Formal Request for Extension of Review Period Date Application Received: 6/22/05 Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 With regards to City of Orono Zoning Application#05-3135, 3165 North Shore Drive, I hereby request a 60-day extension to July 6,2006 of the statutory application review period (which began on July 7, 2005 and was subsequently extended by City notification to me an additional 60 days to November 7, 2005, and further subsequently extended by me for 6 months to May 7, 2006) in order to allow me time to consider potential revisions to my application. A.pli tDate Please sign, date and return by mail or fax to: Mike Gaffron Planning Director City of Orono P.O. Box 66 Crystal Bay, MN 55323 Fax (952)249-4616 Phone (952)249-4600 • • CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: March 28, 2006 TO: Allen Munson COPIES: William E. Sjoholm 3165 North Shore Drive Thomsen&Nybeck, PA Wayzata, MN 55391 3300 Edinborough Way, Suite 600 Edina, MN 55435 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: March 27, 2006 Council took the following action: Motion to table-allow applicant to revise plans. Encourage applicant to work out a plan acceptable to neighboring property owner. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday,April 10,2006—meeting begins at 7:00 p.m. Note: Plan revisions must be submitted one week in advance of meeting to assure placement on agenda. If you desire certified copies of the Official Council minutes,they are available from the City Clerk after review and approval by the Council. If you have questions,please call Planning Director Mike Gaffron at 952-249-4600. • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 27, 2006 7:00 o'clock p.m. 6. #05-3135 ALLEN AND DEANNA MUNSON,3165 NORTH SHORE DRIVE— VARIANCE/CONDITIONAL USE PERMIT Gaffron explained that the applicants request for an average lakeshore setback variance and a conditional use permit for importation of fill in excess of 500 cubic yards to allow for construction of a new residence to replace the existing residence on the property received a 3-3 vote by the Planning Commission at its February 21'meeting. At issue, which deadlocked the Planning Commission,was the 22' encroachment into the average lakeshore setback which the neighbor objected to. Though drainage is an ongoing issue, Gaffron noted that the proposed fill within 5' of the neighbor's lot line which would have visual impact upon the view of the neighbor's wall was not resolved by the Commission and would do little to impact drainage problems. Since this is new construction and should be required to meet setback requirements,Murphy stated that whether or not the existing house meets the average lakeshore setback now is irrelevant. Admittedly an odd average lakeshore setback line,Murphy saw no hardship to warrant any encroachment into the zone, since there was more than adequate room to pull the house back altogether. With regard to the fill,Murphy stated that the lot had been filled many years ago in an effort to help with the drainage. He maintained that, if the house were pulled back out of the average lakeshore setback, they would also need less fill to resolve the drainage. Bill Sjoholm, applicant's attorney, stated that he had gotten the impression that the Planning Commission supported the request for fill,but it was the average lakeshore setback variance which had them at odds.While the applicant has made numerous attempts to make adjustments to the design in order to accommodate this almost unrealistic average lakeshore setback line,they believe there is a hardship here created by the line and the homeowner next door trying to prevent what is being proposed. He continued, explaining that, if the house were pulled back, it would create a tunnel vision effect from the new home through the trees on either side. Sansevere questioned whether the applicant believed that their hardship could be based on the view the average lakeshore setback afforded them. Sansevere asked Brokl whether the view of the lake could be considered a hardship. Brokl stated that, if the Council chose to accept it,the views could be considered a hardship. Sjoholm pointed out that, as proposed,the applicant would not be obstructing the neighbors views of the lake. McMillan questioned whether anything had changed with regard to the landscaping next door, since he had initially purchased the property. Munson stated that his lot seems to serve as a drainage deposit area for both he and his neighbor's runoff. McMillan pointed out that the average lakeshore setback is a principal the City does not often choose to deviate from without a strong hardship. She felt that, in this instance, the applicant could build easily without intruding on this setback. PAGE 7 of 14 IP cS -2 7 ® 0-to ' ?1,JSON ?/vit)S tjo / L /P "?>- ( U '-t-A �.� tee4 4 A -1 rat aaiv2.4).si-op IJ L,S C 4Pt"e_z G (-(N , 2-1 6-1 Nhirr 44kS ernki C5Elb 2 Ai "114 J ( _.0 1/14141 .),lot,_) /rJ 0 77 N G 5S t21i4- 2 . �(44,10 State-�7o v oe, cam ? N a 7- -7-LA -Lv frtiumk,ap Vow 41.4fm, Tb use n pN pe-7,0_2 .w ,179- Pfee;:_. er Notiaz) /utri 11/6-, srgie,V/fe cXls�7,J ( • • F Date Application Received: 6-22-05 Incomplete Notice Sent: 6-29-05 Date Application Considered as Complete: 7-7-05 1/ 2I r0 ust Initial 60-Day Review Period Expires: 9-7-05 Extended by Notification on 8-3-05 to: 11-7-05 Extended 6 months at Applicant's Request to: 5-7-06 REQUEST FOR COUNCIL ACTION Date: March 22, 2006 Item No.: Department Approval: Administrator Approval: Agenda Section: Zoning Name: Michael P. Gaffron Title: Planning Director Item Description: #05-3135 Allen Munson, 3165 North Shore Drive 1) Variance: Average Lakeshore Setback 2) Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f (1.38 acre) / 150'-173' List of Exhibits A - Survey& Site Plan B - Notice of Planning Commission Action 3-22-06 C - Planning Commission Minutes of 2-21-06 D - Survey Showing Proposed Drainage Easement E - Building Cross-section Indicating 27' Height F - Letter from Applicant's Attorney 2-21-06 G - PC Memo and Exhibits of 2-15-06 Application Summary: Applicant requests an average lakeshore setback variance, and a conditional use permit for importation of fill in excess of 500 cubic yards(2350 c.y.proposed)to allow for construction of a new residence to replace the existing residence on the property. The proposed residence will have a flat roof with parapet height of 27'. Planning Commission Recommendation: On February 21,Planning Commission voted 3-3 on a motion to recommend approval for the variance and fill CUP. No further recommendation was forthcoming. New Information Since Planning Commission Meeting Please review the memo and exhibits of February 15. The applicant has now provided a revised building cross-section sketch defining the proposed building height at 27' rather than 30'. This was discussed at the February Planning Commission meeting absent any drawings. Applicant has also provided an easement description and a written acknowledgement from the neighbors to the northeast(the Mandel's)that they will agree to grant a drainage easement across the corner of their property. • #05-3135 March 22,2006 Page 2 The issue which had the Planning Commission deadlocked was the average setback variance,which neighbor Morrie Wagener objects to. The Planning Commission members voting against the variance indicated they did not object to the requested CUP for fill, noting that the lot appeared to have been excavated at some time in the past and the fill would act to bring the lot back to near its original state. Mr. Wagener had through his attorney Peter Johnson invited the Planning Commission and council to view the site from his property. Staff understands that the applicant may be contacting the Council to invite members to view the site. A final issue is whether the proposed fill within 5' of the Wagener lot line should be approved.There was objection by Wagener to filling against his existing rock wall. Planning Commission did not make it clear in their recommendation whether they found this acceptable. From staffs perspective, the fill as proposed is not anticipated to direct drainage onto Wagener's property, but it will have visual impacts with regards to the view of the wall. Drainage can be dealt with without this encroachment;however,that may require a more pronounced swale between the proposed house and its south lot line. Staff Recommendation Staff recommends approval of the fill CUP, subject to a grading and drainage plan that meets the approval of the city engineer. Council should review with the applicant whether there is a hardship basis for not meeting a 5' fill setback. Staff has no strong recommendation on the average setback variance;regardless how the Council concludes on this issue,the site is so unique that the end result will not be very precedent-setting. Council should review the attached memos, documents and PC minutes regarding this application. The average lakeshore setback ordinance was established to protect the lake views enjoyed by adjacent property owners. A variance can be granted where there are unique circumstances or where hardships are demonstrated. Council must ultimately weigh the negative impacts on the neighbor's lake views against the applicant's desire to maximize his lake views. COUNCIL ACTION REQUESTED Review the application,and provide applicant and staff with direction regarding the fill CUP and the average setback variance. A resolution reflecting Council's conclusions will be drafted for consideration at a future Council meeting. • 11.ALI 9,/11_i SW:JG\'.AIJ.LN ADVANCE SURVEYING k ENGINEERING CO. 51MU9.lb,M.101 hlgeatmla.hN SIPS Mono 595:)a1=09.I Fe19f:Iala.rN1 NI mll, 9. ALLEN MUNSON As."NM ra.nrrFn Pee_b..ua pr,mor,hdr 10.:b5410 s1e.Sise emary remote boil ahoy table W pm hWeme Jwa m Cir, eats/roe •vivnn Sol. shoe cove&dl. all twee hcamv Jaa m olTxelabma p1,1,1,.Auguu II,:00ato shoe pefetel Smaeg n 5tpenhe1.YOU a ill opupa+d gads, le1'1`_hxe 13.NUS:cleRe me an tee,coo evamgoJitiem xJ haJme.eve ROv :nn MembernY.mNm.pow eJ win,tuacove ALTERNATE A eroo O,t,T,QWMe:-:WI.to slue woven to team,improon.wa•Ntevte A•. r\N_rsY,deeebx:f,S.toe show mbdhW9m and lieu. .hieawry. �Tt:rT JnmaY to Nbs:to ilea peed gtaar�milieu. Jre t I efteeteroput. / n pea ofG.........0 e Le 1.Sle.e 9.Tmrvhip 111.Pe,.Wee of Ow SNPei bJi N mne pal lm // Ten at emmtrc a a pelt into c Woe huf.JGm w era. 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' i'' 4 \ -•------------ �� / I •g 15.fl Zug PO ss, WO 27.2 9 �:' 0 \, \s' -0 ce3_,D° ZO -01\ 7 ‘ I f �- 7 ` \ U' l j a `Q / S oo� 6 0 , ;9,i7 `° •! ,3 rl c G • P. • -,.- \ 7 0 .� \ P P 1 , s.�•, ROO '',, ,--' \ \ --- p 4. 9 -- ; -'\ I 4 10 / \ I • \9 3 ; s ,'• �' \ �,6 I r 't - 32" , 932 ",4t444 -„ ,.. ,',,,,-..,..• ,,,,,,,,-,,,. //,,,•///.1.//.1.k/,4,1'it,,4 y. see0 \l `' ,\:',;'\ i,",,, - C 9c�, 1 ,;' , tr • 4 f 10 ; , , I 05.22 9I111/23 MUNSON,ALLEN ADVANCE SURVEYING& ENGINEERING CO. ill 5300 S.Hwy.No.101 Minnetonka,MN 55345 Phone(952)4747964 Fax(952)4746267 SURVEY FOR. ALLEN MUNSON PROPOSED EASEMENT LEGAL DESCRIPTION: SURVEYED Jwe218M DRAFTED:hoe 20,2tJP4 5tp.OS.Governmet La 1,Smtion9,Township 117,Range 23 Went.H...County.Mammas, REVI 2,July 10,2004 to show drive easement,remove hard cover table and putbardcover data on Ciry dmcnbed as follows:Beginning at Me inmection of the east hire of the west K2.93 feet and Me north lire wntksheeN of the south 10583 fat of said G,ve ment Lot l:Nmce northerly along said east Ime a distance of 35.00 REVISED Iuly21 revise hard cover breakdown and revue hardcover data on city watsbeets. feet,.ence somhessterly toawint an aid northerly line distant 55.00 feet easterly ors.ovum of 004 to draw proposed dwelling beginning:Nmce westerly 55.00 fen to said point ofbegiIDRR REVISED September T.2004 to Mow proposed grading. REVISED-lone 13.2005,ehenge name survey.show nom.g condaions and hardcover.ma. REVISED.tune 30,.5.to ahw proposed Improvements. REVISED:December 22,2005,N show revisions to proposed improveme.'Alternate, REVISED: revised hard cover and propd driveway. January 1 28 200 prop..to show proposed grading revisions. REVISED.February 1.2006.to show proper.drainage easenens and descriPtian. / REVISED.Match 2,2006:o Mow revised proposed drainage easement and description / LEGAL DESCRIPTION. / That Mn ofGovemment La I.Section 9,Township 113,Range 23 West of the 5.1.1WPW Meridian / in the West litre of said Government lot distant 1160.8 fat No.from the SouMwest comercommencing saidpoint Government Inc,thence East parallel with Me South line of laid Government lot / a distance of442.93 fen,posing through a judicial landmark am Caset thence pursuant to Torras C. No.11 / Sou.parallel with the West line of said Government Lot a distance of 102 5 fat;...East parallel / with the Sou.line of Gwemment Lot a distance 2110 fa\more,.les,to the shore of Lake / Minnetonka to...I point of.ginning of the land being de.ribed;thence...along the last described a to a ohst distant 442.93f East of Me Wmt line of said Govenment lot and 1058.3 fen No.of e / / South line of aid Government la:thence No.a Wham°of 102.5 fat to.No.line of Ole South 1160 1160.8 / feet of Govenmet lothence Weston the North lute of Me South 1160.8 fat of said Government La a / / distance of 19'193 feet(or to a paint 245.0 fed East of the West lira of said Government lot);thence South / / parallel with the West line of said°w o men Id a distance of 175 fat,theme SOS.eaterly deflecting m the / / IefJ,8 degrees 00 minutes,a Ws...S 330feet,more or les,to the shore of Lake Minnetonka:Nmce / Northeasterly along the shore of said lake a distance of 180f more or lea,to the pow°flew., / / /Together with en easement 12 ten w width for Privam.ivwey purposes.Me center line of sad easement / being desert...follows to-wE:Commencing at the Northwest caner of Registered Land Survey No. // I Ill.Henna.County,.mesorts, nce ng North land e of10.46 fat to Me actual point ofheeuwbitg of Me center line line tote desenbe1J thence ....... / // ...hug to hie right 108 degree a distance of 82 fat:Nmce a10ne a tangential curve to Me left with a ..... / / radius of 123.11 feet a distance of77 35 feet and a chord drstwce of 7608 fat;thence Southeasterly along a / tangent.f thence along a tangents.I curve to the right with a radius of 2123 feet a Whence of 26.07 —/ / (.end a echoed distma of 245 fat,thence Southwesterly along re 68t and there...Noting. -- / Being abstract land. ——— / SCOPE OF WORK: —— / IShowing the length and dhechon of boundary lines of Me above lewd dmmiptiw Th e,f "—— // our ces does not include determining what you own,which is a le2.1 matte.Please check the — legal dSSSEpliw consult tent legal counsel if nammry.to make sure — // Matto sack and the any marten of record.such as.senetn,thdy wish shown on the survey,have "- 3swW we �o am o,dm�mm���ha�� them 51 ,—/'/ While we Moo. ropmedll.ati Check MB hone,we are not...liar with your plans in you —— O. and your ar1EIHO and/or build are. n , pnopmef Ncetiou.nd hthg of the home.Myard grad. -- lv .�•[—'1 carefully tosee that they match your plans before comtnicum begin.Also.we arc not.fwYur weh -- TSst laI odes.N�lael buildhtg o ul and mnug olBciel in thus ,wiry axe.fie aurcn ow this —1 I ,�/ survey s before sum officials Ma have Meh a and its su ing,am �O ———— I I [./ obtain Men approval.Mtn a nor. /I 1 I P We have p vi .benchmark for your use in.meaning elevations for construction on Ne site.use — I • that benchmark and nothing eM for Nat pwpose Chock hie elevation of at least one other feawe.own to -- I ICI verify your elevations f'( � —— / I I STANDARD SYMBOLS W ENTJONS. U\1` / I' • pipe with Plastic Plug buries State Licmx Numbs 9235,set,unless otherwise noted 1 O ————— nee . J IA! I Proposed elevations are shown with a box around them,while existing elevations are shown without.bon v -- The NW ear of R.L.S.R.L.SN 1113 Me site. — 1I� Arrows eoy Et.slpthisn�:w ,�Qem.eyw.gpeme by me / / I 11,94 H �G --Professions'Surveyor under the Istvis albs State of Mimes°. __-- ��// 1,r� Et 1 IL Perk&P.P.&P.S.No.9235 —— I 1 — 12 FOOT MBE PMVATE DRIVEWAY EASEIMENTJ` I I --- I I S:. -- I I — I I I I 1 1 I \ I.1 1 GRAPHIC SCALE 1 =o w RR Y \'.'u. (Inn gar) is \ PROPOSED RLEvrcnoxs: v v Top of Foundation 945.2 \ •\\ Top of dowel-Floor 935.2 Top a Garage Floor 35.2 Benchmark"935.3 \\ "Top of Can lion Monument \\ \ as shown \ \I co ry 11 !inreogarty envoy\vimmarm t.a.Otto non shoo,part of 1 rl I 1 / / tt 1�1• / \ •\•``\, .-.. 1 2e f40T MyE PRIVt�1pE dpVEWAY EASEyEg4T ! hp.fpt2loa,�/8 I t We tM elines of \., t'•, \ • Pont on S'.B9'4��}��}'Se•'[ %• / I ,.:'-...- // ,-_- Point Lot e1.t Section 9, townenio 117,Ronne 23 distant - :�;aq 1 SBV'4415e'f h. / man feet north from the -_ — �: \ `--... - 4 't/ 'IS & ,15.� ." ;BT.L..t::•.-' ..l :'::�`�'{cgnNe uawY[ Southwest Corner of Baia ,'•�• 3 ./ xs _ \.\ .;yi+�� • I Government Lot ,d 4 J' P A•P�/ V /� ---geY---� • ma:f, � ';' ;` `� �l �' `� .j � Ndar Md.m,en. ciOnt,OW on \4#. t_- El+'` -'r'.,' .�;:'far. `f',/r �. - ' ' t d..: C. \ ,,,ter tier e.etw.bt, ,tn. b, t i}`l 1 II ,\ .\ \ 11::} \1;p...ti ; I 1 � °� • `A /� 111-�I1 1::. g.gg. ? • ..- i,Q,} (I 1 .✓j 't 5'n ,�jj di ,t��, �y $der 'tT51T7ç I i i 1/1/i /IlmmpSLd a // f. 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N) . 934.8 9 94 .7 ' a •, VI 9 6 3 8.0 c G.,' 944.7 I '1k, c?4 ..il '-937 - \ K \ 33.0 �� 9 93� \ 8.0 ,��4 ! `34.6 I 0 --93 0/o Ii s ,_- N00.1 5.02/JE w �4.50 'ROPOSED DWELLING °° wb 93s 'o 0' \ I 9,7 Ui, 4,0 ``93 c? fi 6 \ ----.- i 35 ` //// _ ' 1 25.0 / ��L— ' _r -___- - ______ _ _ \ ro �_.. \I (n (n / — --r -- o- N ` . . t 35.00 I7I 1 o ii� 2 102.50; 011, 0 3� c'- ri___, __... ,,,,.. ram �l,, / S 0016 05 , W / v � 934.7 �' / O N o) O 1, UI 7 f�D I Z , PROPOSED ---, 1 -_/ Its PATIO -� rii I % yn'o-- 0:—.::o I o n I r \ / , / Cri- / ' 41 / I C7-0 I -►-' / m5'4 / / o / (D <-1 ar - 0 \ i .1 W N '' _, fi 7 0 r-t• / S 2- N _ ey1 PROPOSED BASEMENT LEGAL DESCRIPTION: That part of Government Lot 1, Section 9, Township 117,Range 23 West, Hennepin County,Minnesota, described as follows: Beginning at the intersection of the east line of the west 442.93 feet and the north line >< of the south 1058.3 feet of said Government Lot 1; thence northerly along said east line a distance of 35.00 feet;thence southeasterly to a point on said northerly line distant 55.00 feet easterly of said point of beginning; thence westerly 55.00 feet to said point of beginning. 110 ;I I / . ' ` I , I 6-Xi sr G h'4' • • Property Owners Acknowledgement and approval of proposed drainage easement. We Jim Mandel and Paula Mandel of 3155 Northshore Drive have reviewed the plans for the proposed drainage easement located at 3 155 Northshore Drive and approve of the proposal providing the CUP and Variance for 3165 Northshore Drive are approved. Property Owner Date /1,16C, 4A,i/liej , //571947 Property Owner Date • I . I . i - . , ' . . . "4".• , ;1 Vf" ,, I / I 1 . 1 . - . • . _ •, . ••• ; . ./. •-',/1 . 0 , . • -' W ..,/- • . . ,e( . . 1 . , i 1, • , \N _ i • . ... . , I. . I I: • . . . o . . .. , 1 • , • 1 . . .• TV • • .. • __\ . . . .. . . . N . .....s — ....N.4 t__,,\ • . u, ___ _ . „...1., . 1 . vv _ . • • .1 1 ,c)v_ . : . . t , ->c „ -4.- --t, 1 . T • „... ._. Q--" " • . , %--- 1 • . .. .s.7.?.. . . ....... < • ..... - - — -s- ..-i f .7 . (--- _ . .. 11 ‘,1 . 7z,1-. , - • z.-.),.. . -.. . ,- . ,___/ .. . ..-7„-_ . .. _ . a 1 , . . . 1 iltAl • i t ' '' wi -.._ — i r\i,. \ \ \ \\. \ \ Ntlarld . , 0 UIT)' I . i I • < - . . . I N ... • - n _.1 ,\ \ N -cfc, o...... . 1 Tv i . . . -,--k, n I . < . , . * 9, cm . ill . • A. - Le • . .. . . v.) of 1..› . \IA _.3 di ii • . . . 0 1 . s:, (..,„ , , .... .. . ( ) ti r(‘ --,\ 1\3 )-c.1 ‘-4, 1 \- r.7 (..) c .Z. . . . R\ ff '7i5 ' AM. l01 • 3.2 O(4. SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = S.F. Length Width x = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE )Z /50 s . 0.1 S.F. B A 0 - B 0.1 x 100 = 0.0 % PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway S.F. S.F. D. Sidewalk S.F. S.F. E. Patio/Deck _ S.F. S.F. F. Landscape S.F. Underlain S.F. By Plastic S.F. G. Other TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE /t.. I1:71/1) 0.1 S.F. B A 0 - B 0.1 x 100 = 0.0 % • L-a' .�ot/. ' 7 5— O(. Z � SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = 4323 S.F. Length Width x = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = 1321 S.F. x = S.F. D. Sidewalk x = 465 S.F. x = S.F. E. Patio/Deck x = 429 S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = 885 TOTAL HARDCOVER IN ZONE 7423 S.F. A TOTAL PROPERTY AREA IN ZONE 27357 S.F. B A 7423 - B 27357 x 100 = 27.1 % PROPOSED HARDCOVER IN ZONE A. House x = 5371 S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway 201 S.F. S.F. D. Sidewalk 114 S.F. S.F. E. Patio/Deck 1060 S.F. 91 S.F. F. Landscape S.F. Underlain S.F. By Plastic S.F. G. Other TOTAL HARDCOVER IN ZONE 6837 S.F. A /' TOTAL PROPERTY AREA IN ZONE 27357 S.F. B V/ A 6837 - B 27357 x 100 = 25.0 % • • 2 ° -SDO rune% d( SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = 0 S.F. Length Width x = S.F. x = S.F. x = S.F. B. Garage x = 315 S.F. C. Driveway x = 3848 S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other ret.Wall x = 464 TOTAL HARDCOVER IN ZONE 4 627 S.F. A TOTAL PROPERTY AREA IN ZONE 21050 S.F. B A 4627 - B 21050 x 100 = 22.0 % PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length Width x = S.F. x = S.F. x = S.F. B. Garage x = 1632 S.F. C. Driveway x = 3901 S.F. x = S.F. D. Sidewalk x = 8 S.F. pool x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape SCULPTURE x = 150 S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = 150 TOTAL HARDCOVER IN ZONE 5841 S.F. A TOTAL PROPERTY AREA IN ZONE 21050 S.F. B A 5841 - B 21050 x 100 - 27.7 111 • C If CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: March 28, 2006 TO: Allen Munson COPIES: William E. Sjoholm 3165 North Shore Drive Thomsen&Nybeck, PA Wayzata, MN 55391 3300 Edinborough Way, Suite 600 Edina, MN 55435 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: March 27, 2006 Council took the following action: Motion to table-allow applicant to revise plans. Encourage applicant to work out a plan acceptable to neighboring property owner. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday,April 10,2006—meeting begins at 7:00 p.m. Note: Plan revisions must be submitted one week in advance of meeting to assure placement on agenda. If you desire certified copies of the Official Council minutes,they are available from the City Clerk after review and approval by the Council. If you have questions,please call Planning Director Mike Gaffron at 952-249-4600. • • Property Owners Acknowledgement and approval of proposed drainage easement. We Jim Mandel and Paula Mandel of 3155 Northshore Drive have reviewed the plans for the proposed drainage easement located at 3155 Northshore Drive and approve of the proposal providing the CUP and Variance for 3165 Northshore Drive are approved. /.- o Property Owner Date 7-7 ("141 eij GC, iLIP1 5., /3-7e2 , Property Owner Date LEGAL DESCRIPTION: That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot, thence East parallel with the South line of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government Lot a distance of 102.5 feet; thence East parallel with the South line of said Government Lot a distance 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thenceWest along the last described line to a point distant 442.93 feet East of the West line of said Govenment lot and 1058.3 feet North of the South line of said Government lot; thence North a distnace of 102.5 feet tothe North line of the South 1160.8 feet of Govenment lot; thence West on the North line of the South 1160.8 feet of said Government Lot a distnace of 197.93 feet a to(or point245.0 feet East of the West line of said Government lot);thence South parallel with the West line of said Govenment lot a distance of 175 feet; thence Southeaterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet,more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake a distnace of 180 feet,more or less,to the point of beginning. PROPOSED EASEMENT LEGAL DESCRIPTION: That part of Government Lot 1, Section 9,Township 117,Range 23 West,Hennepin County,Minnesota,described as follows: Beginning at the intersection of the east line of the west 442.93 feet and the north line of the south 1058.3 feet of said Government Lot 1;thence northerly along said east line a distance of 35.00 feet;thence southeasterly to a point on said northerly line distant 55.00 feet easterly of said point of beginning;thence westerly 55.00 feet to said point of beginning. • • 3,2.7„0, CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay,MN 55323 (952) 249-4600 DATE OF NOTICE: March 22, 2006 TO: Allen Munson COPIES: William E. Sjoholm 3165 North Shore Drive Thomsen&Nybeck, PA Wayzata, MN 55391 3300 Edinborough Way, Suite 600 Edina, MN 55435 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: February 21, 2006 Planning Commission took the following action: Motion: To recommend approval for theaverage setback 'e a e variance based on a buildingheight of 27 ppg g and for a CUP to allow fill of 2350 c.y. as proposed; subject to providing a plan for raingardens as a method of stormwater treatment. VOTE: 3 FOR 3 AGAINST Applicant's next scheduled meeting is confirmed as: Council- Monday, March 27,2006—meeting begins at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes,they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. • • THOMSENS NYBECK, P.A. 3300 Edinborough Way,Suite 600 ATTORNEYS AT LAW Edina,Minnesota 55435-5962 (952) 835-7000 • FAX: (952) 835-9450 web site:www.tn-law.com GORDON V.JOHNSON WILLIAM E.SJOHOLM DENNIS M.PATRICK RYAN J.WOOD OF COUNSEL: RETIRED: JOHN K BOUQUET THOMAS R.KELLEY GRETCHEN S.SCHELLHAS JESSICA A.BIERWERTH JACK W.CARLSON GLENN G.NYBECK MARK G.OHNSTAD ROBERT D.LUCAS CHRIS IUPHER P.RENZ DEBRA M.NEWEL TODD R.ILIFF JAMES VAN VALKENBURG DONALD D.SMITH DAVID J.M°GEE MATTHEWA.DREWES NATALIER.WALZ DECEASED: HELGETHOMSEN February 21, 2006 �tECE�VZ006 �� ONO VIA E-MAIL AND U.S. MAIL FEB 2 2 CITY OF OR Mr. Michael P. Gaffron Director of Planning City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Allen and Deanna Munson Average Setback Variance Application Scheduled for Public Hearing Before the Planning Commission on February 21, 2006 Our File No. 06-3-012F Dear Mr. Gaffron: My firm represents Allen and Deanna Munson with respect to the referenced variance application. The Munsons reside at 3165 North Shore Drive in Orono. As you know, the Munsons seek to construct a new single family residence in this LR-1 B zoning district using the foundation for the existing residence. The application came before the Planning Commission for public hearing on January 17, 2006. At that time, the only objection to the proposed variance was voiced by Morrie Wagener, the applicants' immediate neighbor to the south. The Munsons' application was tabled to give the applicants more time to address sight line concerns raised by Mr. Wagener. Originally the Munsons submitted a proposal for the design of a stately, three-story residence in keeping with the rather substantial residences in the neighborhood. In response to Mr. Wagner's sight line concerns, the Munsons totally redesigned their new residence as a two-level home with a flat roof. Since the public hearing last month, the Munsons' architect has further revised the design of the proposed residence to reduce the height of the residence even more. The Munsons have attempted to meet with Mr. Wagener and/or his attorney, but neither Mr. Wagener nor his attorney has been willing to meet. The Munsons and I also have requested access to Mr. Wagener's property to try to understand Mr. Wagener's concerns, but our requests for access have not been granted. As noted in the Minutes of the Planning Commission's meeting on January 17, 2006, the Munsons average lakeshore setback variance request is necessitated by the • • Mr. Michael P. Gaffron Page 2 February 21, 2006 remote location of Mr. Wagener's residence with respect to Lake Minnetonka. Mr.Wagener's residence appears to be located more than 330 feet from the lakeshore and is setback from the lakeshore farther than any other residence on Bohn's Point along the shoreline shared by Mr. Wagener and the Munsons. The existing home on the Munsons' property already extends beyond the average lakeshore setback line, and the Munsons second design revision merely seeks to increase the height of that portion of the residence that extends beyond the average lakeshore setback line by approximately 12 feet. The circumstances of the Munsons' property appear to be unique, at least with respect to Bohn's Point. As mentioned, on the south side of the Munson property, the Wagener residence is located farther back from the lakeshore than any other residence in that area. Furthermore, a line of trees and large bushes planted on the Wagener property all along the boundary with the Munson property all of the way down to the shoreline block the Munsons'views to the south. Moreover, because the residence on the adjacent property to the north of the Munsons' property is only set back approximately 76 feet from the lake and is the closest residence to the lakeshore in the area, this combination of visual obstructions results in a very narrow view of the lake from the Munsons' residence. Due to these unique circumstances, and as noted in the Minutes of the meeting last month, the farther one is from the lakeshore on the Munson property the more the Munsons' lake view is diminished. Already the Munson residence is practically twice the required distance from the lakeshore without consideration of the average lakeshore setback, so strict enforcement of the average setback requirement under these circumstances would impose undue hardship on the Munsons. I refer you to three photographs of the area in question taken from the lake side of the properties on September 29, 2005. (Those photographs are attached to your Memo to Chair Rahn and the Orono Planning Commission dated January 12, 2006). The trees behind the Munsons' residence to the west (away from the lake) and those separating the Wagener and Munson properties rise two to three times the height of the current Munson residence. Moreover, most of the trees separating the Wagener and Munson residences are evergreen trees. While I have not been allowed access to Mr. Wagener's property, it appears that Mr. Wagener would not even see the two-level residence the Munsons propose to build. Much of Mr. Wagener's sight line to the north in the direction of the Munson property is obstructed by Mr. Wagener's own landscaping. Mr. Wagener's attorney suggests that the hardship the Munsons face was self- created because the Munsons' predecessor in title created the parcels in question and did not object to the application for an average setback line variance the Commission granted to the person who built the residence to the north of the Munson property in 1977. Besides not understanding how the actions by a previous owner of the Munson property 30 years ago are attributable to the Munsons, the onerous burden this position would place on • • Mr. Michael P. Gaffron Page 3 February 21, 2006 potential property owners like the Munsons to learn what variances may ever have been granted to adjacent property owners and who may have consented to the same is alarming. As should be evident at the public hearing this evening, the circumstances of the Munsons'application for an average setback line variance comply with the spirit and intent of the Code, and the basis for the request is reasonable. The impact, if any, the average setback encroachment requested by the Munsons might have on Mr. Wagener's sight line would at most be so limited that a variance is warranted. Thank you for your consideration of the Munsons° variance application. Yours truly, THOMSEN & NY CK, .A. William E olm WES/cmr cc: Peter W. Johnson, Esq. (Via Facsimile (p52) 476-0007)) Allen and Deanna Munson • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2006 6:00 o'clock p.m. (#06-3178 CITY OF ORONO CONTINUED) Rahn stated another option would be to include language that says to be in compliance with the Zoning Code or all city ordinances rather than just this specific ordinance. Bremer stated under Item(b) 7 the text of the paragraph refers to dwelling but the word dwelling has been removed from the descriptor. Bremer inquired what the reasoning for that deletion was. Gaffron indicated the discussion related to units that might be rental spaces within a building, which may be the reason why the word dwelling was removed. Bremer inquired why the word dwelling remains towards the end of that language. Bremer stated in her opinion,based on the comments by Planner Gaffron,the word dwelling should be removed. Bremer further commented that on page three Item(c) (2)is not clear as it is currently drafted and she would like to get the opinion of Staff on whether this is a workable provision. Gaffron inquired what specific language Commissioner Bremer thought was unclear. Bremer stated the language relating to "whenever a lawful nonconforming shall be destroyed",that could be all or part of the structure. Gaffron stated when it is destroyed, the assumption is that the nonconforming structure is totally destroyed. Gaffron stated in the past the Planning Commission had discussed 75 percent,which was later removed based on further discussions and on the recommendation of the City Attorney regarding that item. Bremer stated the language should have more continuity in her opinion. Gaffron indicated he would bring that issue up with the City Attorney. Rahn moved,Leslie seconded, to recommend approval of Application#06-3178,City of Orono, Nonconforming Uses,Zoning Code Amendment. VOTE: Ayes 6,Nays 0. OLD BUSINESS 2. #05-3135 ALLEN AND DEANNA'MUNSON,3165 NORTH SHORE DRIVE,VARIANCE, 6:13 P.M.—6:57 P.M. Allen Munson,Applicant,Tim Nelson, and Bill Sjoholm, Attorney-at-law, were present. Gaffron stated the applicants are requesting an average lakeshore setback variance and a conditional use permit for importation of fill in excess of 500 cubic yards to allow for construction of a new residence to replace the existing residence on the property. Gaffron illustrated on the overhead the average setback line in question on the Munson and Wagener properties. This item was tabled at the January 17th Planning Commission meeting pending additional review, including a site visit by individual Planning Commission members to view the property from the Wagener property to the west. The applicant did erect a 30-foot high pole on his property to indicate the intended height of the house. PAGE 2 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON CONTINUED) Gaffron noted the applicant has submitted a letter from his attorney,which is included in the materials before the Planning Commission tonight. The applicant has not submitted any new plans but has submitted a drainage map and drainage calculations, which have been reviewed by the City Engineer. Gaffron stated the Planning Commission should consider the following conditions: 1. Does the proposed plan for filling create any negative impacts? Is there a basis to reduce the amount of filling because this is on a private driveway system:? Should the house be redesigned or relocated, either to reduce fill impacts or eliminate average setback concerns? 2. Is there sufficient hardship or mitigation available to justify granting the average setback variance given the objection by the neighbor? Munson indicated the roofline at the sight line has been reduced from 30 feet to 27 feet,which was the height of the pole erected on his property. Rahn inquired if that was accomplished by reducing the height of the parapet or the ceiling height. Munson stated it was through a combination of things. Munson stated his lawyer is working on the drainage easement for the northeast side of the building and that the neighbor is in agreement with the easement. Munson stated they are willing to remain five feet from the retaining wall with the fill. Rahn inquired whether the City Engineer reviewed the plan that depicted the drainage five feet from the property line. Gaffron stated the plan is included as Exhibit A and that it is not clear to him that there were any changes to the drainage plan along the south side of the house from what was previously submitted and that there were no changes on the north side. Gaffron stated the intent of the study is to indicate whether there is additional draining going to adjoining properties over and above what currently exists and the rate of runoff. The City Engineer has concluded that no water quality treatment is provided onsite and that some rainwater gardens or other biofiltration features are recommended to provide water quality treatment for this lot. In addition,the City Engineer has found that the proposed site raises rates slightly into Lake Minnetonka but has not found that there were any negative impacts to adjoining properties that should be addressed. Sjoholm stated he does not believe there are any drainage issues remaining,but if there are any outstanding issues that need to be addressed,the applicant is willing to address those to the satisfaction of the Planning Commission. Sjoholm stated the only issue remaining is whether the variance for the average lakeshore setback should be granted. Sjoholm indicated he has not been given permission to visit the Wagener property to see how the house would impact the view. Sjoholm stated based on the photographs that are included in Mr. Gaffron's file, it is hard to imagine how this new residence could be seen from the Wagener property due to the trees. Sjoholm stated the trees appear to be two and a half times the height of a two and a half story structure. Sjoholm questioned if there is even an issue of a sight restriction, and if there were a restriction, the strict enforcement of the code would not serve the purpose of the ordinance. Sjoholm stated the applicant is attempting to enjoy a reasonable view of the lake. PAGE 3 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 21, 2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON CONTINUED) - Sjoholm pointed out the applicant could locate the house further back on the property and build a three- story structure,but that the applicant is attempting to maintain the structure in its present location due to the fact that the further back the residence is located, the more tunnel effect that is experienced. Sjoholm stated the elevation of the Wagener house is much higher than the location of the proposed construction. Sjoholm stated he seriously questions whether you can see the property from the Wagener residence. Nelson indicated where the pole was erected on the model. Kempf inquired whether the parapet is 27 feet high at that point. Nelson indicated it is. Sjoholm stated to deny the variance would be to deny Mr.Munson the reasonable and appropriate use of his property. Sjoholm indicated the proposed location of the residence is in keeping with the rest of the neighborhood and that this residence is located the furthest back from the lakeshore. Sjoholm indicated the applicant has recently purchased the property and would like to construct a residence that takes advantage of the current location. Rahn opened the public hearing at 6:28 p.m. Peter Johnson, Attorney-at-Law, stated he began working with Mr.Wagener on this property back in June of 2005 and that they have been trying to be good neighbors. Johnson stated they do not want to see the encroachment intensified from what currently exists. Johnson stated the applicant was invited to see what he could do to reduce the encroachment and that as of last week Wednesday they had not heard from the applicant. Johnson indicated they finally received a call on Wednesday from the applicant's attorney. Johnson stated he inquired at that point whether there would be any changes to the plan to lessen the encroachment. Johnson indicated the applicant's attorney informed him that he did not know whether there would be any changes. Johnson stated they would have preferred that their concerns were addressed and that they were unable to arrange a site visit. Johnson stated the average setback creates an expectation for every property owner that they can preserve some views of the lake. Johnson indicated the Wagener property currently has beautiful views of the lake and that the Wageners would like to preserve those views. Johnson noted the Wageners have resided on this property for the past 25 years and intend to reside in the dwelling as they grow old. Johnson stated their concern goes beyond their view from the living room and that he is stunned to find out that they have reduced the height down to 27 feet because he knows his clients would have been happy to hear about that and that it should have been the subject of some discussion. Johnson stated the idea that a hardship exists on this site with this type of house is a bizarre twisting of the way the ordinance is intended to be applied. Johnson indicated the applicant could construct a spectacular house with incredible views of the lake without the variance. Johnson commented any hardship that might exist has been self-created by the previous owner. Johnson stated to request a variance now because they do not like the low-swung house or inadequate views of the lake is not appropriate since it was pre-existing and was a self-created hardship. PAGE 4 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 21, 2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON CONTINUED) Johnson stated the house to the north is pushed as close to the lake as possible, which then pushed the sight line forward. Johnson stated the average lakeshore setback has been creeping forward over the years and that they would like that creeping forward stopped. Johnson stated they would like to see the residence restricted to one story. Rahn closed the public hearing at 6:37. Sjoholm stated his recollection of the conversation with Mr. Johnson is not consistent with what has been told by Mr. Johnson tonight. Sjoholm stated he called Mr. Johnson to discuss compromises with the plan and that he asked three times to visit the Wagener property. Sjoholm stated the Wageners did not accept that offer. Jurgens stated his struggle deals with whether there is a hardship on this lot. Jurgens stated he did visit the lot and that he is not sure what the guaranteed view of the lake should be. Jurgens inquired where the applicant plans to view the lake from the majority of the time. Nelson stated the great room/kitchen area would probably be the area that the applicants would spend the majority of their time. Jurgens stated when he views the applicant's plan, it depicts a number of windows looking over the lake and that there would only be one small window that would have to be located behind the average lakeshore setback. Jurgens stated in his opinion that one small window should not dramatically impact the applicant's view of the lake if it is located behind the average lakeshore setback. Jurgens stated in his opinion this is a design issue and that there is not a hardship to grant a variance. Leslie inquired what the original grading and slope of that lot was and that there was some question whether it had been dug out previously. Leslie inquired whether this fill would represent a restoration or a new condition. Gaffron stated Staff has not attempted to determine whether this is a restoration. Gaffron noted the City files do not contain an old topography map of the property and that it may be difficult to determine whether it is a restoration. Leslie stated in his opinion this is a design issue and there is not a hardship to grant the variance. Leslie stated in his opinion a very fine home could be constructed without the encroachment. Kempf stated he did visit the applicant's property and the Wagener property and that the insignificance of the intrusion of the building into the Wagener's view of the lake and the fact that that lot is shaped with Wagener's trees on one side and the trees on the other side,there is a funnel effect to the view as you go further back on the lot. Kempf commented the Munsons have taken steps to reduce the impact to the Wagener property. Kempf stated in his opinion there is a hardship with having an adjoining property that is located 300 feet back from the lakeshore. Kempf stated the property to the north is probably the most extreme case that he has ever seen of a house impacting the views of the lake. Kempf pointed out the Wagener residence is located on top of a hill. Kempf indicated he does see a hardship and would support the variance. PAGE 5 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 21, 2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON CONTINUED) Bremer concurred with Commissioner Kempf. Bremer stated she does not see the hardship as extreme but that the intrusion to the neighbors is very small. Bremer indicated she would vote in support of the variance. Jurgens stated he did visit the Wagener property and the Munson property and that he does agree that the pole is barely visible but that the pole is not a house. Jurgens commented a flat rooftop would be more visible than a pole from the Wagener property and that the further into the encroachment, the more visible it becomes. Rahn stated he also visited the site and that the model depicts the situation accurately. Rahn stated the plan would restore continuity to the grade and that his issue was with the height of the proposed residence. Rahn stated he does not have an issue with the height at 27 feet. Rahn stated the reasonableness of the request should be considered when determining whether a variance should be granted,particularly on L-shaped lots like these. Rahn stated in his opinion the proposal does restore the grade back to what it once was and that he would actually prefer the fill go all the way to the boulder wall,which would be the best for both properties and make for a more horizontal look. Rahn stated the hardship lies with the L-shaped lots in this area and that each lot is blocking a portion of the other lot's view. Rahn stated there is a minimal encroachment to the Wagener residence. Berg stated a house would remain while a tree can be removed and that she does not feel there is a hardship to grant the variance. Berg stated in her opinion the house could be relocated. Kempf moved,Bremer seconded,to recommend approval of Application#05-3135,Allen and Deanna Munson,3135 North Shore Drive, granting of an average lakeshore variance and a conditional use permit for the importation of fill in excess of 500 yards, not to exceed 2350 cubic yards,with the condition that additional rain gardens be added to the front yard in conjunction with the City Engineer's recommendations. VOTE: Ayes 3,Nays 3,Berg,Jurgens,Leslie opposed. Rahn stated based on the comments made by the individual commissioners, it does not appear likely that any commissioner would change their mind regarding this application. Gaffron stated the application would go before the Council with a split vote. Leslie, Jurgens, and Berg indicated they are fine with the fill but not the variance. Nelson illustrated on the overhead and the model how a portion of the roof outside of the average lakeshore setback could be constructed at 30 feet, which is three feet higher than what is being proposed. Nelson stated they would propose not to build the entire structure higher than 27 feet if they were granted a variance. Berg stated the issue is with the average lakeshore setback and that the Planning Commission would not have an issue with the height of the structure outside of the average lakeshore setback as long as it is in compliance with City codes. Rahn stated his assumption was that the 27-foot related to the entire structure. PAGE 6 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 21, 2006 • 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON CONTINUED) Kempf suggested that option be presented to the Council. Rahn recommended that a plan showing that area lower be prepared to present to the Council. Gaffron stated Staff would request that any additional changes that are proposed,plus the changes that have been proposed tonight,be documented on plans that could be presented to the Council. 3. #05-3136 TROY BROITZMAN, 1860 SHORELINE DRIVE, VARIANCE, 6:57 P.M.—7:32 P.M. Troy Broitzman, Applicant,was present. Gaffron stated the applicant has submitted revised building and site plans after a number of discussions with Staff during the past few months. In October this application was referred back to the Planning Commission by the City Council. The applicant is now proposing a smaller house,relocated further forward on the lot in line with the neighboring home to the east. The applicant is also proposing to remove the existing driveway to Shoreline Drive and create a new driveway to Heritage Drive at the rear, similar to the layout of his two adjacent lakeshore neighbors. Gaffron stated the volume of fill and grading has been reduced to a net balance below 500 cubic yards, eliminating the need for a land alteration conditional use permit. In addition, the applicant has located the house to meet an average setback line defined by the immediately adjacent home to the east and the second adjacent home to the west. The basis for this is that the Coward residence at 1950 Heritage Drive is located approximately 200 feet further back from the lakeshore than the neighboring homes along Shoreline Drive,being the anomaly among lakeshore lots in the neighborhood. Gaffron stated the Cowards would prefer a location closer to the lake and recommended that an average lakeshore line be determined off the Charrier and Nelson homes. Gaffron noted the Planning Commission has previously indicated approval of the lot width variance but denial of a conditional use permit for grading in excess of 500 cubic yards to create a walkout situation. Gaffron noted a number of letters from the neighbors have been received within the past day,which are in opposition to the proposal based on the design of the house, the size of the house, and other concerns. Gaffron distributed a table of previous hardcover approvals to the Planning Commission. Gaffron indicated there have only been a small number of lots that have been developed along the lakeshore illustrated in this table. Gaffron noted the City Engineer has reviewed the latest drainage and grading plan submitted by the applicant. The City Engineer feels the stormwater issues have been adequately addressed but is recommending that a concrete curb rather than bituminous should be used along the southwest side of the driveway. Gaffron stated the site grading has been significantly reduced and does not have the negative impacts on the neighborhood that earlier plans created. Gaffron stated the Planning Commission should consider the following issues: 1. The proposed driveway is 20 feet from the south lot line, leaving ample room for vegetative screening, although under the new plan the retaining walls and house are reduced to a PAGE 7 • • Page 1 of 1 Mike Gaffron From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Thursday, February 16, 2006 6:49 PM To: 'Bill Sjoholm' Cc: Mike Gaffron Subject: Alan Munson Application Dear Mr. Sjoholm, Attached is a aerial photo showing the line (black) that should have been applied upon construction of the Mandel home at 3155 North Shore Drive "but for"the consent of Munson's predecessor (Lauer). I've also included the Resolution approving the earlier variance from the required setback. The variance in that previous application resulted in a setback line for the Lauer home that was closer to the lake (yellow). Without the variance, the Munson house would have been located on the western portion of the lot resulting in a setback line for the Lauer home that would have been more effective to preserve the Wagener's view(red). Lauer was also the person who subdivided the parcel that previously included both the Wagener parcel and the Munson parcel. It was Munson's predecessor in title that created the unusual lot configurations. I will copy you on my supplemental letter to the City. In summary: No hardship exists; the lot can be developed w/o encroaching into the setback at all. Given the applicant's unwillingness to compromise, the Wageners are withdrawing their earlier consent to maintaining the existing encroachment on a rebuild. The Wageners intend to insist on strict compliance with the ordinance and will move for injunctive relief, if necessary. In the unlikely event that the City or a Court was to find a hardship, the record will be made to demonstrate that the hardship was entirely self created. My clients are willing to have discussions regarding the project if a compromise solution is the subject matter. If your client simply wants to bull through without addressing any of the Wagener's concerns, then further dialog seems pointless. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell: 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee (s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 2/17/2006 • • Date Application Received: 6/22/05 R Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 TO: Chair Rahn and Orono Planning Commission Ron Moorse, City Administrator FROM: Mike Gaffron, Planning Directo DATE: February 15, 2006 SUBJECT: #05-3135 Allen Munson, 3165 North Shore Drive - Public Hearing - Variance: Average Lakeshore Setback - Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f. (1.38 acre) / 150'-173' Application Summary: Applicant requests an average lakeshore setback variance, and a conditional use permit for importation of fill in excess of 500 cubic yards (2350 c.y. proposed)to allow for construction of a new residence to replace the existing residence on the property. Update: This item was tabled at your January 17 meeting pending additional review, including a site visit by individual PC members to view the property from the Wagener property. Applicant has indicated a 30' high pole has been erected to indicate the intended height of the house. Since your January 17 meeting the applicant's engineer has submitted a drainage map and drainage calculations, which have been reviewed by the City Engineer. Staff Recommendation: With regards to the requested conditional use permit for fill in excess of 500 cubic yards, the Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. Planning Commission should also consider whether the impacts of the average setback encroachment are so limited as to warrant a variance. Planning Commission should review the comments by Peter Johnson, representing Morrie Wagener,the adjoining property owner to the south. List of Exhibits A - City Engineer Comments on Drainage Calculations 2-3-06 B - Drainage Map and Calculations Submitted by Applicant C - PC Action Notice 2-1-06 D - Draft PC Minutes 1-17-06 E - Memo and Exhibits of 1-12-06 • • #05-3135 3165 North Shore Drive February 15,2006 Page 2 Update Applicant has not changed his proposal since your January review. The building plans and site plan(Exhibit A of 1-12-06 memo) are still the applicant's proposed plans. The City Engineer reviewed the submitted drainage calculations and indicated that there is a slight increase in runoff rates to the lake, that could be mitigated by the provision of raingardens or other water biofiltration systems, most likely between the house and the lake. Applicant notes that the natural rise at the shoreline currently acts to pond water in the lakeshore yard during large rainfall events. That rise is not evident from the topography map provided. Staff would recommend that a more formal system such as a raingarden be established lakeward of the home to enhance stormwater management on the site. Applicant has erected a 30' high pole at the corner of the proposed house that would most encroach the average setback line. The pole has 2' height increments. Planning Commission members should attempt to view this from Morrie's house to gain first-hand knowledge of how the proposed house will impact views. Call or email if you need directions... Please again review the materials from the January meeting. I have heard from Peter Johnson on Morrie's behalf, and also Jonathan Aanestad who lives to the northwest of the site, both of whom may be providing additional commentary at the February meeting. Issues for Consideration 1. Does the proposed plan for filling create any negative impacts? Is there a basis to reduce the amount of filling because this is on a private driveway system? Should the house be re-designed or relocated, either to reduce fill impacts or eliminate average setback concerns? 2. Is there sufficient hardship or mitigation available to justify granting the average setback variance given the objection by the neighbor? 3. Are there other issues or concerns with this application? Staff Recommendation Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. Planning Commission should recommend that stormwater management practices be applied that will reduce the impacts of the slight increase in runoff rates. Planning Commission should consider whether an average setback variance is appropriate, given the comments of the adjacent property owner, and make a recommendation to Council or provide applicant with direction as to what changes might be appropriate. •/i , '.D -'c ( 8 r .�'s ', i TA Bonestroo Memo Rosene Anderlik& VI Associates Engineers 6 Architects Project Name: 3165 North Shore Drive Client: City of Orono (Plat 05-3135) File No: 139-05-000 To: Tom Kellogg Date: 2-3-06 From: Lance Hoff, Emily Resseger Re: Drainage Review Owner: Allen Munson Engineer: Schoell & Madson, Inc. Submittal: Drainage Calculations, Drainage Maps Date of Plans: 1-17-06 Date Received: 1-25-06 Comments Based on our review of the 3165 North Shore Drive residence, we offer the following comments. 1. No water quality treatment is provided onsite. Rainwater gardens or other biofiltration features are recommended to provide water quality treatment. 2. The proposed site raises rates slightly into Lake Minnetonka. Rates through the property to the north are reduced. The addition of water quality features would likely reduce total rates into Lake Minnetonka. The table below summarizes the 2-,10-, and 100-yr peak flow rates for existing and proposed conditions. Existing Conditions (cfs) Proposed Conditions (cfs) Location 10-yr 100-yr 2-yr 10-yr 100-yr 2-yr (2.8") (4.2") (5.9") (2.8") (4.2") (5.9") Through north property 0.4 0.9 1.8 0.3 0.7 1.3 Through Munson site 0.2 0.7 1.3 0.4 1.0 1.8 Total flow to Lake 0.6 1.6 3.0 0.7 1.6 3.1 Minnetonka Bonestroo, Rosene,Anderlik and Associates, Inc. www.bonestroo.com ❑St.Paul Office: O Milwaukee Office: ❑Rochester Office: ❑Willmar Office: ❑St.Cloud Office: 0 Libertyville Office: 2335 West Highway 36 12075 N.Corporate Parkway,Ste 200 112 7',Street NE 205 5th Street SW 3721 23'r Street S 1860 West Winchester Rd,Ste 106 St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55906 Willmar,MN 56201 St Cloud,MN 56301 Grayslake,IL 60030 Phone:651-636-4600 Phone:262-643-9032 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553 Phone:847-548-6774 Fax:651-636-1311 Fax:262-241-4901 Fax:507-282-3100 Fax:320-214-9458 Fax:320-251-6252 Fax:847-548-6979 • • v; c o E E 0 0 O U) C O N N O) C cr >, d) C d) co C L O) C 3 W m 2 ui 0 C d m _ o U ti 0 N U - c O (6 L c L oo m Z >. 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(t pxpX' dt i +j Y 4' P+e4s,,'Y_+.JSi,\i\ +, sL �" Sao 32I. s,' m • ( c. , f,£g' ,.,. : h a )\i ' ILL\\ µCNa' - 1 i } • •• c CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay,MN 55323 (952) 249-4600 DATE OF NOTICE: February 1, 2006 TO: Allen Munson COPIES: 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: January 17, 2006 Planning Commission took the following action: Motion to table for continued review. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission- Tuesday, February 21,2006—meeting begins at 6:00 p.m. If you desire certified copies of the official Planning Commission minutes,they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. • • CITY OF ORONO ZONING FILE: #05-3135 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: February 1, 2006 TO: Allen Munson COPIES: 3165 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance & CUP DATE OF MEETING: January 17, 2006 Planning Commission took the following action: Motion to table for continued review. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission - Tuesday, February 21,2006—meeting begins at 6:00 p.m. If you desire certified copies of the official Planning Commission minutes,they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. • • Pc, / kit tic- 1 6 1- 1 "VD (le #f"3/35-' dam. , _ t -►/ Ale7 f � 5 �.` - Ok: 1- . t7-" 7 sr7 LC... A C.(6AS f .S fiv /0 Lc-r," 1 N A. d ? SÔ L4tDI'J AA) A r c 77) ) , br 7d&f' ,/26P6-7t - /T s ,4 liko(242.4.6-s ARAF 61,0se-e 2xy rif-e? CAjJ rr 7 o W&2 itlAVG c c t DN en.) U'tw. s tire - % '7r 7 L- S ?/1e.kn e P- FJ W 9 TS TO PO GM,l'A-C4v -ej</Sr7i0 ' ,Gc. i � C*114)A- tiJ rj,t(), 440 t 714 Lam'- C-/N C-k c.) ,S/ /OLA) . /N frvb s , 61---Poc ctotts,v.hc or_ 6V 6 grag F PPa , S k. 7 • R St c C: : `-, .il t \ L.- s/ C. o cA) 6 S 7 ' W e ' i//ews / ^J . Oe`r")ilbt .wt. /No Tr e-,C, r-p V/ Ficat" v-t-e42.4-teL peopepart o fS k_ etr- 5 0 • MINUTES OF THE • • ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. NEW BUSINESS 5. #05-3135 ALLEN AND DEANNA MUNSON,3165 NORTH SHORE DRIVE,VARIANCE AND CONDITIONAL USE PERMIT,7:52 P.M.—8:40 P.M. Allen and Deanna Munson,Applicants, and Tim Nelson,Architect, were present. Gaffron stated the Applicants are requesting an average lakeshore setback variance and a conditional use permit for importation of fill in excess of 500 cubic yards to allow for construction of a new residence to replace the existing residence on the property. The average lakeshore setback variance request is a result of the remote location of the adjacent residence to the south, which is located more than 300 feet from the lake,in line with other homes on Bohn's Point. The applicants propose to mitigate the impacts of the encroachment by building a flat roof home of 30 feet height,which has less impacts than would a typical steeply pitched roof home,but potentially more impacts than the relatively low-profile,one and two-level existing home. Gaffron stated the applicants are proposing an encroachment of approximately 22 feet. Gaffron stated the applicants have proposed to incorporate approximately 2350 cubic yards of fill on the west side of the proposed home to control drainage while creating a walkout situation allowing the primary entrance at the upper level of the two-story home. The existing relatively flat rear yard will be raised as much as ten feet. Some fraction of this fill will act to restore grades that existed at the base of the slope prior to construction of the existing house in the 1960s. The city engineer and staff have worked with the applicant's architect to identify and resolve issues with site drainage. The City Engineer has recommended the following issues be addressed: 1. Grading on the neighboring property to the northeast is proposed to convey drainage across that property. The Applicant might consider a lot line rearrangement,but as a minimum the City will require drainage easements from that neighbor. The applicant has been requested to provide written evidence that this neighbor will cooperate in this regarding plan. 2. Engineering design is needed for the 10-foot high retaining walls at garage entrance. 3. The 2350 cubic yards of fill could be substantially reduced if the house is moved north and west and angled slightly. 2350 cubic yards translates to 235 truckloads entering the site. The applicant has indicated the primary reason he proposes to build in the same location as the existing house is related to views of the lake. 4. The existing foundation needs to be removed, as applicant hopes to re-use portions of it, and a soils analysis is also recommended. 5. The applicant is required to provide 2-10-100 year drainage calculations. Gaffron noted drainage calculations have been provided to Staff at tonight's meeting. Gaffron stated the following issues should be discussed: PAGE 14 • MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON, CONTINUED) 1. Does the proposed plan for filling create any negative impacts? Is there a basis to reduce the amount of filling because this is on a private driveway system? Is there a basis to require that the house be moved back, either to reduce fill impacts or eliminate average setback concerns? 2. Is there sufficient hardship or mitigation available to justify granting the average setback variance given the objection by the neighbor? 3 Any other issues or concerns with this application that the Planning Commission would like to see addressed. Gaffron noted the hardcover calculations include the buried portions of the garage and that the applicants do meet the lot area,lot width, and setbacks requirements. Gaffron stated two access alternatives were initially proposed, each with slightly different hardcover impacts,but neither requiring a hardcover variance. Alternate A continues the existing access to North Shore drive for both the driveway circle loop as well as for the underground garage access. Alternate B had North Shore Drive access for the garage,but Bohn's Point road access for the circle drive. Staff has been advised that the driveway easement that would be used for Alternate B has been abandoned and is no longer valid and that the Wageners would object to Alternate B. It is the recommendation of Staff that the application be tabled at this time. The applicant should be provided direction with regards to the fill, with regard to whether an average setback variance is likely, and whether the chimneys should be subject to a conditional use permit. Allen Munson stated on the south side of the lot there are trees that go all the way down to the water and the Wagener residence is set 331 feet back from the lake. Munson indicated the property on the other side is 76 feet back from the water, which cuts through the existing part of the house. Munson stated they tried several different options to relocate the house but were unsuccessful due to the topography of the lot. Munson pointed out on his model where the house would be located and the tree lines. Munson stated the slope of the land runs into the house, which requires the creation of a swale around the house. Winkey inquired whether the fill basically would be behind the house. Munson stated it would be. Winkey inquired whether the foundation of the house would be increased. Munson stated it would not be. Bremer inquired whether the applicants feel the proposed location is the optimum location for the house. Munson stated they have done approximately ten different revisions and that they are limited to the present location. PAGE 15 • MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON, CONTINUED) Bremer inquired what the purpose of the chimneys is. Nelson stated the chimneys are approximately eight feet high to keep the roof fairly clean from smoke and soot residue. Leslie inquired whether the model house could be oriented to depict what it would look like if it were outside the average lakeshore setback. Munson stated he would then encroach on the setbacks if the average lakeshore setback is complied with and that he would not be able to use the same foundation. Bremer noted the city engineer expressed some concerns regarding the integrity of the foundation. Munson stated they would need to look at that,but that he would also lose some of his view of the lake if the house were relocated. Nelson pointed out the trees cut off the view of the lake. Kempf indicated he did pace off the lot and that with each foot back from the proposed location of the house the lakeshore disappears rather quickly and dramatically due to the trees. Kempf stated the tree line creates a little funnel and diminishes the lake view. Kempf stated it appears the topography of the lot on the other side of the house was reduced at the time the house was constructed. Gaffron concurred that it appears there was some dirt removed at the time the house was constructed. Kempf stated in his view this is a unique situation and that the Planning Commission has made exceptions to the average lakeshore setback in the past. Kempf noted the roofline was lowered in consideration of the neighbors. Kempf stated if permission is obtained from the neighbor to the north and if the drainage works around the south, with the Munsons reaching agreement with the neighbor or keeping the drainage on this site,he would not be opposed to the application. Munson stated they have reached agreement with the neighbors on the driveway. Munson stated his lawyer is in the process of working out the easement. Bremer stated Wageners' second issue regarding the driveway has been alleviated,but the third issue raises a concern about placement of fill within five feet of the property line. Munson stated there could be a problem with the drainage if he is not allowed.to fill within five feet of the property line. Munson stated he would need to come down approximately six feet form the south side of the building and at a 45-degree angle. Kempf questioned whether the drainage could be resolved by filling within five feet of the property line. PAGE 16 • MINUTES OF TIC • ORONO PLANNING COMMISSION MEETING Tuesday, January 17,2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON, CONTINUED) Jurgens stated in his view the major issue on this application is the potential impact on the Wagener property with the fill and that he would like to see an agreement that both parties are okay with the fill. Jurgens stated some of it is a design issue and that it does not constitute a hardship to place the residence in the proposed location. Jurgens stated he would like to see those issues addressed prior to moving forward with the application. Kempf inquired how far onto Wagener's property the retaining wall is located. Gaffron stated the majority of the retaining wall is on Wagener's property. Jurgens pointed out the retaining wall has a back fall to it. Gaffron illustrated the retaining wall and the lot line on the overhead. Gaffron indicated Wagener is the high side and Munson is the low side. Gaffron stated the City's code does not allow fill within five feet of a property line. Munson stated the water runs around both sides and will continue to do so after construction. Munson stated the grade would still be one foot below Wagener's property following the fill. Bremer asked for public comment. Peter Johnson,Attorney-at-Law,noted he did submit a letter to the City. Johnson stated he would like to address the claimed hardship and the history of the property. Johnson stated the property owned by the Munsons was originally owned by the Wageners but was divided off. Johnson stated this is a self-created hardship, if a hardship exists at all. Johnson stated this is a 1.6 acre lot,which allows plenty of room to construct a substantial home, and that he does not see the hardship to construct the home within the average lakeshore setback. Johnson stated the Wagener's view of the lake would be blocked by the proposed residence, and requested the Planning Commission to visit the Wagener lot to see what impact the residence would have on the Wagener residence. Johnson stated after the property was purchased by Wagener, there was a garage improvement, and in order to do that improvement,he was required to take all that drainage on his property down to the lake, which required him to build up that side of the lot. Johnson stated the City of Orono required the construction of the rock retaining wall that this applicant is now proposing to bury under ground. Johnson stated Wagener is interested in being a good neighbor,but that if the house were lower, it would not impact the lake views. Johnson stated while this is clearly an unusual situation with the way the homes are configured,he would point out that as a consequence of that,the Wageners have very little protection from encroachment into PAGE 17 • MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#05-3135 ALLEN AND DEANNA MUNSON, CONTINUED) their view. Johnson stated if these three homes were lined up, Wagener would not lose his view of the lake,but as proposed by the applicant,he would lose that view of the lake. Johnson reiterated they would like the fill to be kept back five feet from the lot line and to have the applicant comply with the average lakeshore setback. Leslie stated he does not understand the issue with the driveway. Johnson stated a long time ago there was a carriage home down by the lake and that the sellers of the property wanted to preserve access to the carriage home. Easements were created over the Wagener property. At the time sanitary sewer was required, a joint driveway easement was created, which became the primary access point to all the homes. Johnson stated Wagener has been in possession of the property since 1980 and that no one has made any effort to use the easement since then. Bremer stated that item is really not at issue in this application any longer. There were no further public comments regarding this application. Bremer indicated the Planning Commission deals with unique situations and that in her opinion it would be helpful to visit the Wagener property to see if there would be an impact on the view. Bremer stated she would be in favor of lowering the house further,which would address the issue with the view of the lake. Bremer stated she does not have a problem with the fill,but that an agreement would need to be reached with the Wageners to allow fill within five feet of the lot line. Winkey indicated he does not have a problem with the amount of fill proposed except the fill within five feet of the lot line. Winkey stated he does not have a problem with the chimneys and that in his opinion some of these issues could be addressed by redesigning the house slightly. Kempf indicated he also does not have a problem with the chimneys. Kempf questioned whether this is a similar situation to the Vogstrom residence on Casco Point. Bremer noted that application went through a number of revisions, with the house being made substantially smaller. Jurgens stated he would like the agreement with the Wageners to be reached first before discussing this application much further. Jurgens stated to his knowledge City Code states that anything on a flat roof house above 30 feet is considered a protrusion and requires a conditional use permit. Bremer inquired whether Jurgens would agree to an encroachment within the average lakeshore setback if the height of the house were reduced. PAGE 18 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#05-31135 ALLEN AND DEANNA MUNSON, CONTINUED) Jurgens stated he does not have an opinion on that at the present time until he has a plan in front of him depicting that. Leslie stated from his perspective this is a classic example of why the average lakeshore setback exists and that the adjoining property is actually overlooking some of this property to the lake. Leslie indicated he does not see a hardship for the encroachment,noting that this is a large lot and a large house. Leslie stated the code was not designed to ensure optimum views for everyone and that the house could be reduced if the applicants want to retain the optimum view. Leslie stated he is unsure on the amount of fill, and that until an agreement is reached with the neighbors, he is not in support of the application. Bremer reopened the public hearing. Johnson repeated that the Wageners invite the Planning Commission to take a view from their property to see how this proposed residence would impact their view to the lake. Johnson stated they are going to research whether this is a restoration of the original grade,but that the Munson property gives the impression that it was dug out due to the fill hauled in on the Wagener property. Nelson stated the current house has eight-foot ceilings with a vaulted peak roof. Nelson stated they are not going up from the peaked roof and are really only proposing nine feet higher from the peaked roof. Nelson stated if the house were relocated hack,the neighbor's view would he impacted further. Bremer closed the public hearing. Jurgens moved,Leslie seconded,to table Application #05-3135,Allen and Deanna Munson,3165 North Shore Drive. VOTE: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARING, CONTINUED 3. #06-3173 CITY OF ORONO INDUSTRIAL DISTRICT ZONING STANDARDS ORDINANCE AMENDMENT Bremer inquired whether there is anyone present for the public hearing on Orono's Industrial District Zoning Standards. Bremer noted one public notice had the public hearing scheduled at 8:00 p.m. There were no additional public continents. The Planning Commission took no additional action on this item. PAGE 19 • • iZ r via. !i`;aH'c- J 1 & M d tr- n ^ n c tr Planning 0 Engineering • Surveying 't*;4.1 d/ t. _.. 0 . January 17, 2006 •er Iv ;t t,)(-1`m e , Mr. Allen Munson 3165 North Shore Drive Wayzata, MN 55391 Subject: Drainage Study Dear Mr. Munson: Please find enclosed our Drainage Study Analysis for the Munson residence at 3165 North Shore Drive, Wayzata, MN. Runoff calculations were made for both existing and proposed conditions to identify the change in drainage due to new construction. Our analysis indicates the existing drainage pattern is through the northeast neighbor's lot and around the south side of the Munson residence down to Lake Minnetonka. (Refer to attached drainage area maps) The proposed grading and landscape changes direct a majority of the drainage runoff to the southern side of the residence down to the lake and reduces the drainage on the northeast neighbor's lot. Our calculations are tabulated below: Area A represents drainage that remains on the Munson's site. Area B represents drainage to the northeast neighbor's property. The analysis indicates the proposed site improvements reduce the off-site runoff across the neighbor's property and the total runoff rate is increased slightly. Below is a chart, from our calculations, representing the difference in discharge from areas A and B. Runoff Conditions to selected Discharge Location Existing Proposed Total Runoff Design Conditions Conditions Inc./Decrease Area A, Area B, Area A, Area B, Area A, Area B, Storms cfs cfs cfs cfs cfs cfs 2 yr 0.457 0.647 0.652 0.473 0.195 -0.174 10yr 0.948 1.340 1.350 0.980 0.402 -0.360 100yr 1.371 1.940 1.950 1.418 0.579 -0.522 U:\MISC\3165Nshoredrive.doc 10580 Wayzata Boulevard, Suite 1 • Minneapolis, MN 55305-1525 Office (952) 546-7601 • Fax(952) 546-9065 www crhnalImarlcnn rnm l� • • ` Planning • Engineering • Surveying ,1451ab Lance r 174,6 ve - a Garb January 17, 2006 Lrn r1f'> 0A 4417 a ` f n �a �k� �I- Mr. Allen Munson 3165 North Shore Drive Ai cc error c.. Wayzata, MN 55391 Subject: Drainage Study Dear Mr. Munson: Please find enclosed our Drainage Study Analysis for the Munson residence at 3165 North Shore Drive, Wayzata, MN. Runoff calculations were made for both existing and proposed conditions to identify the change in drainage due to new construction. Our analysis indicates the existing drainage pattern is through the northeast neighbor's lot and around the south side of the Munson residence down to Lake Minnetonka. (Refer to attached drainage area maps) The proposed grading and landscape changes direct a majority of the drainage runoff to the southern side of the residence down to the lake and reduces the drainage on the northeast neighbor's lot. Our calculations are tabulated below: Area A represents drainage that remains on the Munson's site. Area B represents drainage to the northeast neighbor's property. The analysis indicates the proposed site improvements reduce the off-site runoff across the neighbor's property and the total runoff rate is increased slightly. Below is a chart, from our calculations, representing the difference in discharge from areas A and B. Runoff Conditions to selected Discharge Location Existing Proposed Total Runoff Design Conditions Conditions Inc./Decrease Area A, Area B, Area A, Area B, Area A, Area B, Storms cfs cfs cfs cfs cfs cfs 2 yr 0.457 0.647 0.652 0.473 0.195 -0.174 10yr 0.948 1.340 1.350 0.980 0.402 -0.360 100yr 1.371 1.940 1.950 1.418 0.579 -0.522 U:\MISC\3165Nshoredrive.doc 10580 Wayzata Boulevard, Suite 1 • Minneapolis, MN 55305-1525 Office (952) 546-7601 • Fax(952) 546-9065 www.schoellmadson.com • • Feel free to give us a call with any questions or comments. Very truly yours, Brandon E. Butorac, SMI Engineering Cc: John Karwacki, P.E. enc U:\MI SC\3165Nshoredrive.doc -6- scohoom & Madjn , Inc . Date -3—Ck.► 06Y t I 71 1OO ? 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I i 4. �..____ i- : : 1 I 1 } • i ' 1 • ............. .......t_._. f _ $ _ . i I .....__.. - - - --- - - • 1 i • • • Date Application Received: 6/22105 Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 TO: Chair Rahn and Orono Planning Commission Ron Moorse, City Administrator FROM: Mike Gaffron, Planning Director DATE: January 12, 2006 SUBJECT: #05-3135 Allen Munson, 3165 North Shore Drive - Public Hearing - Variance: Average Lakeshore Setback - Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f. (1.38 acre) / 150'-173' Application Summary: Applicant requests an average lakeshore setback variance, and a conditional use permit for importation of fill in excess of 500 cubic yards (2350 c.y. proposed)to allow for construction of a new residence to replace the existing residence on the property. Staff Recommendation: With regards to the requested conditional use permit for fill in excess of 500 cubic yards, the Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. Planning Commission should also consider whether the impacts of the average setback encroachment are so limited as to warrant a variance. Planning Commission should review the comments by Peter Johnson, representing Morrie Wagener, the adjoining property owner to the south. Pertinent Code Sections 78-1279(6): Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots... The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-967. Exception. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. • • #05-3135 3165 North Shore Drive January 12,2006 Page 2 Sec. 78-1286. Topographic alterations/grading and filling. (d) (2) For movement of more than 500 cubic yards of material within the shoreland overlay district, conditional use permit approval by the city council is required in addition to the required land alteration permit. List of Exhibits A-Proposed Site Plan -Alternate A- Revised 1-10-05 B -Proposed Building Plans and Elevations C -Application for Variance/CUP D-Hardship Statement E-Hardcover Calculations by surveyor; Lot coverage calcs by staff F -City Engineer Comments 1-6-06 G-Plat Map/Property Owners List H-Photos I-Original Plan Submittal with Correspondence, Staff&Engineer Comments J-Peter Johnson Comments 1-11-06 Background Applicant submitted an application in June 2005 for an average lakeshore setback variance and CUP for fill exceeding 500 c.y. in order to construct a replacement residence on this conforming 1.4 acre lot. The original proposal (See Exhibit I) included a 3-level residence with steeply pitched roofs, and fill of approximately 1350 c.y., plus an underground garage that they wished to have considered as non-hardcover. Staff concluded that the garage would be considered as hardcover, and that plan would require a hardcover variance which was highly unlikely. The adjoining property owner to the south, Maurice Wagener, also expressed concerns about his potential loss of lake views due to the high peaks. Applicant has since extended the review period to May 2006 and has recently submitted a revised building plan and site plan(Exhibits A & B), for a flat roof, 2-level home 30' in maximum height as measured from the existing grade, but requiring 2350 cubic yards of fill at the rear to allow direct entry to the upper level. Two access alternatives were initially proposed, each with slightly different hardcover impacts, but neither requiring a hardcover variance. Alternate A continues the existing access to North Shore drive for both the driveway circle loop as well as for the underground garage access. Alternate B had North Shore Drive access for the garage, but Bohn's Point Road access for the circle drive. Staff was advised by Peter Johnson, attorney for Wagener, that the driveway easement that would be used for Alternate B has been abandoned and is no longer valid, and that his client will object to Alternate B. The applicant has acknowledged that access via Alternate A is the preferred plan. Note that the hardcover calculations include the portions of the garage that will be buried, as staff advised the applicant that this will still be considered as hardcover. • S #05-3135 3165 North Shore Drive January 12,2006 Page 3 LOT ANALYSIS WORKSHEET Lot Area/Width: LR-1B Lo t Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 60,027 s.f. (1.38 acre) 173' shoreline; 150' at 75' setback Yards/Setbacks: LR-1B Required Proposed Street Yard (North) 35' House and Garage 78' House 40.6' Garage Rear Yard(West) 30' House and Garage 120' House 75' Garage Right Side Yard (South) 10' 15' Left Side Yard (North) 10' 11' Lakeshore (929.4' contour) 75' 147' Average Lakeshore No Encroachment 22' Encroachment Hardcover Calculations: Hardcover Total Area Allowed Existing Proposed Zone in Zone Hardcover Hardcover Hardcover 0-75' 11,620 sf 0 sf (0%) 0 sf (0.0%) 0 sf (0.0%) 75-250' 27,357 sf 6,839 sf (25 %) 7,423 sf (27.1%) 6,703 sf (24.5%) 250-500' 21,050 sf 6,315 sf (25%) 4,627 sf (22.0%) 5,841 sf (27.7%) Totals 60,027 s.f. 13,154 sf 12,050 sf 12,544 sf Structural Coverage: Existing=4,638 sf(7.7%) Proposed (Including buried garage) = 8,041 sf (13.4%) Proposed (Excluding buried garage) = 6,141 sf (10.2%) • • #05-3135 3165 North Shore Drive January 12,2006 Page 4 Conditional Use Permit Analysis The applicants have proposed to incorporate approximately 2350 cubic yards of fill on the west side of the proposed home. The Shoreland Overlay District requires that a conditional use permit be reviewed for any fill in excess of 500 cubic yards outside the 0-75' zone. Zoning Ordinance Section 78-1250 provides the following evaluation criteria for requested conditional uses within the Shoreland Overlay District: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The applicant will not be permitted to grade within 75' of the lake and a silt fence inspection will be required prior to any site grading. Because the proposed fill will be placed on the street side of the proposed home, staff feels there isn't any greater risk of possible pollution to the lake. b. The visibility of structures and other facilities as viewed from public waters is limited; The views from the lake will not be significantly affected by the proposed fill to be placed on the west side of the lot. c. The site is adequate for water supply and on-site sewage treatment; and Not applicable as the site is served with municipal sewer. d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Not applicable. The need for the fill arises from the applicant's desire to control drainage while creating a walkout situation allowing the primary entrance at the upper level of the 2-story home. The existing relatively flat rear yard will be raised as much as 10'. Some fraction of this fill will act to restore grades that existed at the base of the slope prior to construction of the existing house in the 1960s. The visual effect of the proposed fill is that while the views from the lake will be minimally impacted, views from surrounding properties will be somewhat impacted from the northerly driveway entering into the site; the grade here will be dramatically raised with a "straight-in" buried garage below a steep (10%) driveway that winds around the buried garage to an upper level circle drive partially over the buried garage. The City engineer and staff have worked with the applicant's architect to identify and resolve issues with site drainage. As of this writing, a number of issues have been raised by the City Engineer that must still be addressed: 1) Grading on the neighboring property to the northeast is proposed to convey drainage across that property. Applicant might consider a lot line rearrangement, but as a minimum will require drainage easements from that neighbor. Applicant has been requested to provide written evidence that this neighbor will cooperate in this regarding plan. This plan should not move forward without such evidence. • 410 #05-3135 3165 North Shore Drive January 12,2006 Page 5 2) Engineering design needed for 10' high retaining walls at garage entrance. 3 The 2350 c.y. of fill could be substantiallyreduced if house was moved north and west and angled slightly. 2350 cubic yards translates to 235 truckloads entering the site. Applicant has indicated the primary reason he proposes to build in the same location as the existing house is related to views of the lake. 4) The existing foundation needs to be reviewed, as applicant hopes to re-use portions of it, and soils analysis is also recommended. 5) Need to provide 2-10-100 year drainage calculations. It is also noted that the plan proposes fill along the south lot line against the retaining wall on the Wagener property, requiring the cooperation of that owner. Peter Johnson's letter (Exhibit J) objects to the fill placement within 5' of the property boundary. Absent Wa ener s approval, J p p Y Y g pp this will require a grading plan revision along that boundary. Variance Hardship Statement Applicants have provided a hardship statement, and should also be asked for their testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The average lakeshore setback variance request is a result of the remote location of the adjacent residence to the south, which is located more than 300' from the lake, in line with other homes on Bohn's Point. The applicants propose to mitigate the impacts of the encroachment by building a flat roof home of 30' height (measured from the pre-existing grade), which has less impacts than would a typical steeply pitched roof home, but potentially more impacts than the relatively low-profile, one-and-two-level existing home. • • #05-3135 3165 North Shore Drive January 12,2006 Page 6 The affected adjacent property owner, Morrie Wagener, via Peter Johnson's letter, is objecting to any new encroachment of the average setback. The proposed residence does create new vertical encroachments; in the area of the 22' encroachment past the average setback line, the existing house is only one level, perhaps no more than 12-15' above ground, where the proposed house will be 30' in height. Planning Commission should carefully review Johnson's comments in determining whether an average setback variance is appropriate. Also see the site photos taken from the lake last summer. Additionally, Planning Commission should note that the proposed flat-roof home has two chimneys extending as much as 10' above the roofline. There is no building or fire code requirement that they extend this high. Their height is primarily for ornamental and aesthetic purposes. Your recommendation as to whether they are obtrusive enough to warrant a CUP review under Section 78-1366 is requested. 78-1366 states: "Sec. 78-1366. Height of structures. (a) The height limitations imposed by other provisions of this chapter may be increased by conditional use permit by 50 percent when applied to the following structures: (1) Church spires. (2) Belfries. (3) Cupolas and domes which do not contain useable space. (4) Monuments. (5) Water towers. (6) Fire and hose towers. (7) Observation towers. (8) Flagpoles. (9) Chimneys. (10) Smokestacks. (11) Parapet walls extending not more than three feet above height of the building. (12) Cooling towers. (13) Elevator penthouses. (b) Heights in excess of those allowed under subsection (a) of this section for the uses enumerated in that subsection may be permitted only by conditional use permit granted pursuant to the procedures as set forth in article V, division 2, of this chapter." Issues for Consideration 1. Does the proposed plan for filling create any negative impacts? Is there a basis to reduce the amount of filling because this is on a private driveway system? Is there a basis to require that the house be moved back, either to reduce fill impacts or eliminate average setback concerns? 2. Is there sufficient hardship or mitigation available to justify granting the average setback variance given the objection by the neighbor? 3. Are there any other issues or concerns with this application? • #05-3135 3165 North Shore Drive January 12,2006 Page 7 Staff Recommendation With regards to the requested conditional use permit for fill in excess of 500 cubic yards, the Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. P With regards to the average setback variance, Planning Commission should consider the affected adjacent property owner's objections to this plan in determining whether an average setback variance is appropriate. Given the variety of issues noted above, staff recommends tabling the application. Applicant should be provided direction with regards to the fill, with regards to whether an average setback variance is likely, and whether the chimneys should be subject to a CUP request. • S tie CITY of ORONO Municipal Offices Street Address: Mailing Address: �1kE Ov' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 12, 2005 Allen Munson i�(.,er�p� tti v I Cc ) ciact C i VICE 1 U 3165 North Shore Drive Wayzata, MN 55391 0 RE: Application # 05-3135 Review Period Extension This letter is to inform you that as revised plans were not submitted by September 30, 2005, application # 05-3135 for 3165 North Shore Drive was removed from the October Planning Commission agenda. In September your application review period was extended an additional 60-days to November 7, 2005. As your application will not be heard by the Planning Commission in October, it is necessary that you submit in writing an additional review period extension request. If you are able to provide the City with an extended review period, potentially an additional 6 months extending the date to May 7, 2006, we will be able to avoid a bi-monthly request to you for additional review time. In requesting this I can assure you that when your completed revised plans are submitted to the City they will be reviewed by our Engineer and Staff in a timely manner and scheduled for Planning Commission and Council review at the earliest possible dates. I will be on maternity leave beginning sometime early November. Mike Gaffron, Orono Planning Director, will be handling your application in my absence. Planning Commission Meeting Date Revised Plan Submittal Deadline Monday, November 21, 2005 November 7, 2005 Tuesday, January 17, 2006 (no PC meeting in December) January 3, 2006 Tuesday, February 21, 2006 February 6, 2006 Depending on your schedule, please use the above list to determine the appropriate submittal deadline. Please submit a written extension request to me by no later than Thursday, October 20, if I do not receive a request from you by October 20 I will be required to present your application to the City Council for denial at their October 24`1' meeting to avoid the expiration date. Please contact me at 952.249.4627 or Mike Gaffron at 952.249.4600 with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis City Planner _!eev]lone(9.2) 2494600 0 lia: (952) 24946_1'5 ADVANCE SURVEYING& ENGINEERING CO. 5300 S ligy rvo.101 Minnetonka.MN 55345 Phone(952)4,47964 F.(952)4Ii8267 suRVEY FOR, ALLEN MUNSON yt a0P,940. Ica gp:lune20,20. g.EVISED July 10.2004 to show drive easement remove hard cover table and put hardcover data on City worksheets. AFVISED July21.2004 to revise hard cover breakdown and raise hardcover data on city worksheets. AEV to show proposed dwelling AFVISED September 7"004 to show proposed grading. AFV SED Ise 5 change name on survey.show existing conditions and hardcover.mats AFVISAl,VISE)D mbr22200 show 5toshopor�Mprevernerfo ALTERNATE A FD December 05 zoos:w mowfennomwmproposed imnrevemems•nhencm n'. RF V ISED December 28.2005,to show revised hard ewer and proposed driveway. µF V ISFD January 10,zoos,to Mow proposed grading revisions. • VEGm n / That pan of°ovemme.Lot I.Section 9.Town.,117.Range 23 Wen of me 5th Principal Meidlan / descnbed as Commencing at a point in the West line ofsaid Government lot distant 1160.8 feet Non.from / comerthe Southwest of aid Government lot,thence East parallel with the South line of said Govan,.lot / enough a mdicial landmark set pursuant to rounds Case No.11475, thence South parallel with the West line of said Govemment m a distance of 102.5 Leer,thence East parallel / with the South line of sald Government Lot a distance 211 0 feet,more or less,to the more of Lake / Minnetonka to the actual point ofPbeginn au desaibd North of the / South line of satd line of South 1160.8 / fat ofGoverunent lot,matWat onnthe North 68.90line of the 116C.8 fine ofalidnGovmunent Lot a / / parallel o fop east of West line of said Governmentlot),th / arallel with.aWest line of Bald onvenmmn lea a disuuce 0n95 feet,thence snntivacy deflecting to the / / lel)8 degrees 00 nun...a dmiance of 330 feet,11101V or less,to the shore of Lake thence Northeasterly along shore of aid lake a drama.of 180 fat,more or less,to p mofb� / / beginning / / / together with an easement 13 feet In width for private driveway proposes,the center We of said ease. / being described as follows w-wit.Commencing at the Northwest comer of Registered Land Survey No ///1113. / co Flame,iance or to 46 r�oMe thence poNortheasterly t of beginning the North line lute to be Jmoibm:lmce dNxting w the right 108 degrees a distance of 82 feet:then.al,a tangential cure to the left with a / // 11 feet a distance of A.35 fat and a chord distance of red:thence Southeasterly along a // /radios of 23. 23 red.eisf.na orz6or feel and,coins distance oee ius feet.thence s Southw a tangential curve to t.esterly with bawngent of 68 fop and there terminal,. // / rg abstract land ..... /....... / // RK I CSh wit,Mc length and direction of boundary I abovedescription.The mope of /....... //// // our duo pal Include determining hat you / / legal description with your records o consult with competent which is if necessary make sure / / that it Is correct,and that any matters of record,such as easements,that you wish shown on the survey.have // / been M1 own ...... / // Show,the location of eustIn cleaned k�runt. / / aiy gpold monuments mar comers of the property /....... / / / While we show proposed sed location or thu home.we are not as familiar wfm your house plans as you / F� // and your architect and/or builder are.Check our proposed location and sting of the home and yard grades // J\ / carefully to sec that they match your plans before construction begins.Na.we are not asf familiar with ..... / 1 O a / Iota codes as theloea budding ogler,ama��omeial in Mrs community are Be sure wshow tins /..... 1lV` i survey to these officials,or any rah uradiction over the home and its sing,and / 1 ain their approvals before beginning may '..... /i\N SbIWc have pmviddahmchmark for your usafn daaiminingdwaiom for construction ore this sits use R0 ..... i / �� that benchmark and nothing els<,for that purpose Check the elevation of at least one other future shown to LLL "' / I 44 lfc verify Your elevations / 1 ,�/ $TAND.9RD SYMBOL$&COM NTIONS // / des ln•ID pip ,umesa otherwise note. / rupoud re shown with acbox around than while must,elevations are shown without a box CO ////// / I; LI 1e Arrows indicate the proposed flow of storm water on Mc site no TN cow.el ILLS.Ma ,, //Itreby codify tha this P>o.wetdee.tlae.won or.mwd'.g.R9P•.1bYmea / / 8/� order my diced suponWm.d dual am a]bmeed Pmfr.kWBlyioearm // j Prof.:as ed Stamm nunndrnthe Inn tithe Stan ofb Uhlman. // // 1$ H ( L ///// /// :Ail H Poker P3i AP..Na 973E // I / MOT PT MEH.VATE gheClenY CASIVENT-I. 1 'S: // I i—// I 1 1 I 1 1 GRAPHIC SCALE 1 1 \ \ \y%l \ \ P.POSED 1,I,V ATIONS. \ \ Top of Foundation 945.2 \ \ Top of Lower Floor 935.2 \\v,\\ Top enghmac Floor 935.2 \ \ tof Garage 935.3 \ \ 'Tap of Cast Iran Monument \\ \ as shown \ \ \ \\ .V.r.....r car eau Ib-1 w~`a.r..........wr..over r 8 /./ p 8 \ ♦ \ ,.. / \\\ •. `..\\, '•••'ze .+r rt• t \ ••0'M.FrAr 'i• '•• •••••S°°°i..9�937'7,e 8 +., aakaaa • ,-,ry.,•a ROM on the WM Me of •'•+ \ ..•sir 's. a1 a. ..;• ; _ . , /!,�,........................... tea.wn e t del 1.baton 9, + \ 1 '~••••'•'•.,. 1042 vri •p+ Te..:1 11/.Rpnte P3 6abn1 '••+ \\ �:ia a $ } :, te/9�0 rti Itch!Ist IwN al Ind •..�-� Oh., . .: f f`. 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' -- 1 (L. ‹D nap „ l V___.., g.6,---_-1 -....- i Tom; cr, A id I, .74 ki7\ • likb ) , \,, lc 13 L i '1' /♦ V r� \� - , 1 ,\ / % 'I r (-^ D N 1//// ilqklIN 'e ' ‘ 1 '/ \.k k\ 4) kt \\,, ifri -it\ • /Pi v,,,,,t\ ' Nol ,,l‘ (it `��,/'/ Or 44 \ , I,,,fI N, / 1 ,v Lv 1' +11 i /1 ' ,, ,-02,..,:47. ...,:ezezi..w.an :5 'A Plii �,If l'i i I\, 0 0111110111i1 11 ')I (-,h2--P1.69f; L FiAk.\ ,, ) I, 5 cA L. <- • V = 1 —D • City of Orono 0 C Variance Application Street Address: Application # 01 ,-.'/35 •Y,O,4i 2750 Kelley Parkway Date Received: ll(�r(2 o Orono, MN 55356 Amount Paid; ,N 0 \ Staff: ' !/,jr1. i 3 °� Main: 952-249-4600 Fee: $600 A ' i '. D• fax: 952-249-4616 Renewal: $300 I�, i G~ Mailing Address: After-the-fact: $1,200 Double Fee lkESHog4 P.O. Box 66 Crystal Bay, MN 55323 O066 This application form must be completed in full. Appcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 3 to' NO Oh S HtDRE Okrve Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): do--pp 0 Yes, I own the adjacent parcels. Present use of property: JEI Residential 0 Other Zoning District: L, YZ I B APPLICANT INFORMATION: (Complete legal na7es and marital status required for each interested party) Name: AL L E✓ii .z4r44), b Phone (home): 93-2_ - y 7/ 1 2 9 Z Phone (work): 6/2 Sim /3 0 3 Address: 3 / 4,c /1/d�°7A/ s/7/4 2F' Die td4Ay ,z,e41 774 5 c 3 9/ Email: Fax: OWNER INFORMATION: (Complete legal names a:-d marital status required for each interested party) Name: Al L tti _v)4/. .,/, s B.;r1 ,QLc-.4ti,1,.0 zlJyti4.sdo.1.) /2-,40 e21E-J) Phone (home): / Phone work ( ) 9s? v7 t2g2 (work): 4, i ,2 Sim 1 .30 3 Address: 3/ 6 s .i.J.ea re ry i NO/Pt= ; h -.rLY� z•1779 /A14/ .cam 3 57 Email: Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ `ADO, Describe the request in detail (attach additional sheets if necessary): TO USE" ,Ejt tsT7il/G <Ti2 u c.T.v.eE 1 o c 4-7-i,•51, T© .0 u/c-p A AZ6-41 /? .4.1....n (Die R 1E", 7— i '/-/F'11= -v3- ,o1Q.4 t.itl.4 F- ' c 4 -1 c . • „4,„. • • REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. 129 Pre-Application Meeting Form, completed by a City Planner. Completed Application Form NI Completed Hardship Documentation Form ❑ Certified Property Owners List — owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 ❑ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. ❑ Completed hardcover calculation worksheets (as provided within the variance packet). ❑ Topographic survey — including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. ❑ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). ❑ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the 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. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: /•1 .. Date: 7- S - d S� Applicant's Signature: Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Date: 7. , O 5— Owner's Signature: 14Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. • , .I t R J • • Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Suers/ bVT THE J/A&IAA/4 E TWA' s/7"r 1.4./o uc..p cC,414 41i.f ride cm re�/4. LAit-Le ✓eFr✓s .9s ._.�4L As Tbite PQ k..�'�e r/ATipv OF Twice EAis 7'4 Al C. Fe y vG,*Tie.✓i u r, ,Ti,Et y .Q.0 ^e c. ree TV.. j4I.400C.[ 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." /.) /Nf.- /:'."9_57' I/fF PA2C4�i_= I Y .1i¢a 0�=E-t/ r_X e.1r,47-,4-=-/_' 4416 c/c .f 7/' ) i diA ice. rat;A� 1�. i9> 2/.9C� ri't>i c At .1/,E,S TI) D i`r� i/fiS" zip P/I f i" 3. "The variance, if granted, will not alter the essential character of the locality." i i1/? AL L . CeJ u 5 Te ,17c /G13 1,-, H0,14d' /.v iN&. S4n>A'= LecAT e)/= 7;9 .=`XI5'T' / NOL. _A 4-'L ev I t1 x!1 r/WWP Chi /Qige 7 4e 2'/= T//4= L 0C.d94 i 7), 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." c delPi ) rIC°1' A w 124 7 • Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." .6--x R 4rivrer srvo to z"7.,wc i .41).: a,.vc i/6.F /?:r%; a Trite .4/,.L. 1 S 7 it.vv i hoc EC s 47 ro T i/Z .S Y!J .s 3 /' ' "!N/S C 7-Ne uS''`' EX/57/.4' ,oti..c�p yYlc�eti, (r`a TArr.T Eip 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." to/_=RT Y 'per 7/4t-- .S: tv , s' .s6 7 ,a,r, liP7/, =5T f i'G.44 Tr/ t,_ 1, . "Tr/E P,Qb1 / T Y 7-1-1 iit ; sFr;3..Yc iC r-Lc 5 i=S 7 A i2ti 76 77W'4-7- t--1 !- .e5 77 4 vEi y TitS..i,% 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Fsct �N S r, iy c4c'-s'.' 7"S A."v X1 c 5 '��E c oe a c 0..-4-i t l�T i.t////Gil ti t1 ,475 76 771 /�I=�� F fii/ AWL)t':" 'T Y ":,i7Ag 5' R 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." j:PU Ca i Vie' e.R.A-+/T t.-4./ c:,- T//E L//I;?IAA,t_4:: :t L. • • Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." pen,In_As-A S A5 .`Lt ,ns' .0 t=.� q/?crl/ "i 9=cTLiege._ 17-sle.4„re c4 ,P.vc] :�E'FScRvE XI s71 fi Fpc. t'n.47 C/-/ aj.Ac"re"2 6 F TNC L pc.q r,o Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): A r /T 5 !' LIDS ,S i 1eb iesT fl?b.tir 7--.4/E £)H./i4 .e jv Co 7-71F ;e-7,N12ai i fi/I cis, s Lac4Tom= 36- i 7/IF 7/14/1 „62 e2T_i Z25. To m s . ate; _4v .42,96r, 45-a .4 PRa PARTimS r-c? r s b-44 L ,ASS Tjy/,?.-li 7".//'Tr; 7 W1_F P,Qo�E.E� S . w. rs .Aez>7 v.v, y 3 P, 0/'..loX/ /3u7- _ ci75 UP a,r/ .A s-TE/_ P N/4.4._ 7 / 1514J T ,ADD FiPa. 14 7,v,-77 FipdPIFXrrY cv o u L C ./L© 7- /315 //tip E p ,-e ,,g�7�.,c y .. 777, 7 N 15 "Ai.r41`AE Jc Tt>//exi/ve s4 P ITiO.-U 0i= ` b P&_1e 7 y re? ;TY: ivr7 7v R,4 L T>9 i.� w; c c)4 Jz t.r- T'•NE" »/ate/.4/'14.� 1-'194),4? E" J Ti/.9r w a r. J , fJ To THE PR c"P L-`/`7}/' • • _c _ A L-T. A. ADVANCE SURVEYING & ENGINEERING CO. 2$ RECAP OF HARDCOVER AT 3165 NORTH SHORE DRIVE, DECEMBER lb 2005"ALTERNATE A" ZONE 101G 0-75 75-250 250-500 500-1000 TOTAL AREA IN ZONE SQUARE FEET 0.1 27357 21050 0.1 3,7,2-- (a d,O 2-77 ALLOWABLE HC 0 6839 6315 0 13154 TOTAL HC EXISTING 0 7423 4627 0 12050 TOTAL HC AFTER PROPOSAL 0 6703 5841 0 12544 UNDER OR (OVER) 0 136 474 0 610 Attached are city worksheets for each zone, please review your survey and these worksheets with the city to be sure they agree that the items shown as hardcover are indeed hardcover under their interpretaion of their ordinances. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed Professional Surveyor and Professional Engineer under the laws of the State of Minnesota. k_____Vr? X.± 03C1/1-1412Ai James H. Parker P.E. & P.S. No. 9235 ' • • SETBACK ZONE: (CIRCLE ONE) 0-75 ' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = S.F. Length width X = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE 0 . 1 S.F. B A 0 - B 0.1 x 100 = 0 . 0 PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway S.F. S.F. D. Sidewalk S.F. S.F. E. Patio/Deck S.F. S.F. F. Landscape S.F. Underlain _ S.F. By Plastic S.F. G. Other TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 - B 0.1 x 100 = 0 . 0 r t • • SETBACK ZONE: (CIRCLE ONE) 0-751 75-250 ' I 250-500 ' 500-1000 ' EXISTING HARDCOVER IN ZONE A. House x = 4323 S.F. Length Width X = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = 1321 S.F. x = S.F. D. Sidewalk x = 465 S.F. x = S.F. E. Patio/Deck x = 429 S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = 885 TOTAL HARDCOVER IN ZONE 7423 S.F. A TOTAL PROPERTY AREA IN ZONE 2 7357 S.F. B A 7423 + B 27357 x l o o = 27 . 1 PROPOSED HARDCOVER IN ZONE A. House x = 6025 S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway 201 S.F. S.F. D. Sidewalk 144 S.F. S.F. E. Patio/Deck 148 S.F. 185 S.F. F. Landscape S.F. Underlain S.F. By Plastic S.F. G. Other TOTAL HARDCOVER IN ZONE 6703 S.F. A TOTAL PROPERTY AREA IN ZONE 27357 S.F. B A 6703 + B 27357 x 10 0 = 24 . 5 % • • SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250 ' C 250-5001 500-1000' EXISTING HARDCOVER IN ZONE A. House x = 0 S.F. Length Width x = S.F. x = - S.F. x = S.F. B. Garage x = 315 S.F. C. Driveway x = 3848 S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. X = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other ret.Wall x = 464 TOTAL HARDCOVER IN ZONE 4627 S.F. A TOTAL PROPERTY AREA IN ZONE 21050 S.F. B A 4627 + B 21050 x 10 0 = 22 . 0 % PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length width x = S.F. x = S.F. x = S.F. B. Garage x = 1632 S.F. C. Driveway x = 3901 S.F. x = S.F. D. Sidewalk x = 8 S.F. pool x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape SCULPTURE x = 150 S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = 150 TOTAL HARDCOVER IN ZONE 5841 S.F. A TOTAL PROPERTY AREA IN ZONE 21050 S.F. B A 5841 - B 21050 x 10 0 = 27 . 7 - • 4110 SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500 ' 500-1000' EXISTING HARDCOVER IN ZONE A. House x = S.F. Length width x = S.F. x = S.F. x = S.F. B. Garage x = S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other wall and pillars x = TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0 . 1 S.F. B A 0 _ B 0.1 x 100 = 0 . 0 PROPOSED HARDCOVER IN ZONE A. House x = S.F. Length width S.F. S.F. S.F. B. Garage S.F. C. Driveway x = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. other wall and pillars x = TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 B 0.1 x 100 = 0 . 0 lil i - 51? 64(...at..(e...A7co iY.19/4-.1 ' A 9.'pc23 3 - 3 ( £ LIGxz.1— = / / g- C / eLj b le A'scs = i9n0 e 6„ x ,vs- , ar? 0 p (2 x "2. z-,v& _ (0 Y 3 x 9 27 14- /S'-- x h = ( .S 3 x/ V* ' 7D / x C , = l a 5 _ ';'k-, - (iTh- ° Oar2) - I 17 6, / q / sil, 46 (ei,e -c siD� s I//rlaLi 39 ' ,_ &/0 Xt./4c- --= I 8-00 0 xis .) --(s xS/z ) f /0-0 11 / oi sg . to-7- 4A-vil. 7,-, A *? ,,z . z_er co1/4K, //ucL. 642-4,60- g= (pLii/00 02,7 = /? , 11 "C 1 . 4...►7- Cove ->cc,c. , WV / O,OZ? = tO r 2. ;./c' --__— —_ __ Bonestroo 35 West Highway 36 ■ St. Paul, MN 55113 • Rosene Office: 651-636-4600 • Fax: 651-636-1311 ✓--- Anderlik& www.bonestroo.com Associates Engineers&Architects January 6,2006 • a 9 2006 Mr.Michael Gaffron CIT' Oj Planning Director T°No City of Orono Post Office Box 66 Crystal Bay,MN 55323 Re: 3165 North Shore Drive File No.000139-06000-0 Plat No.05-3135 Dear Mike: You and I met yesterday with the applicant's architect to review the revised plans for the proposed improvements to 3165 North Shore Drive.The site improvements include the construction of a new home and associated grading.The following is a summary of our comments from that meeting regarding Alternate Plan A: • The revised grading plan has improved the situation west of the home with the proposed swale containing drainage on the subject property. The drainage along the east side of the home will convey water across the neighboring property.Although a note on the plan indicates an easement will be necessary,the applicant may want to consider some type of a lot line rearrangement with the neighbor so that an easement is not necessary. • The grading plan should incorporate some type of a swale between the turnaround shown north of the home and the top of the garage so that drainage is not routed over the garage onto the driveway. • The proposed retaining wall along the driveway to the garage approaches 10-feet in height and will require a separate engineered design and detail submittal for review and approval. • The applicant's architect informed us that the fill necessary to complete the grading as shown will exceed 2000 cubic yards.It is worth considering moving the proposed home northerly and turning it slightly so that the front of the home is closer to parallel with the shoreline to minimize the fill necessary and to improve views to the lake. • The applicant should commission a geotechnical firm to verify existing soil conditions and certify that the existing foundation is adequate to support the proposed improvements.Soils in this area may be marginal and the applicant should at least determine whether or not pilings will be necessary. • Pre and post construction drainage calculations should be provided for the 2, 10,and 100-year storm events. Post construction discharges off site shall not exceed existing discharges. If you have any questions please call me at(651)604-4863. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. Tom Kellogg Cc: Greg Gappa,City of Orono St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI ■ Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned 0 • - C7 a w > H z0 a. 0 C x 2 2 z H 0 U AWoo rn A A a � A toz A d � a � Fy x � covti E. Niaa � z . c„ ci) � aOQ a ca x az M z'z d 3 ›. v� '" M x W W en M x 'x 2 M 'T w =„ 2 M W 4 vz) "4 `.., czn U W�' 'v0� 2 7,1 x 3 OG E- z > > rn O a: F F 04 Zp A E. d N °k x d x a a z d — 0 Q33 -- O F E-1 x Q w W ,-- 0 o o?j F Q w F .: O W Q 8 F o > Z 7 E-- 2 o O O 0.01 U o n [� t� > o n , Wj , >- o o OG tg 0 >N" o U >N 0o N W o a' oo °o W '��j7] O X oo ; -a ,_ ..., d ,� d oo h d x voi d MI. U U M M = = U 8 2 M M g W a W M M W W M 3 M M d d M 3 M :A W A a: 1. A Q a; A x a A a� a; A C a; A g x A F. A �W. Q A >W-, A Q za ›. Aq >W, d A >W.. 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M 3 M M 00 V1 M 3 Mi. ��- M M �G M 3 W w w w w w q A a' A a' a� A a; A a a: A a: A g a: A A z w A A z w A A z w (� q z W A A z W A A z W A d w d w d w d W d W d u� d w ¢ A W ¢ ¢ w ¢ a0' O0' ; $ x0 ?� Oa' Oct $ xp ; a 0 F z a 0 F z a 0 F z a 0 F z a 0 F z a 0 F z 1 • • ��ADJACENNT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)V%He.S- s%ii? c2-/ of ,-/.SS AA''€ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at gj.,s .�'`._c P..- . 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. Prope Owner Date at'e 1//alike Property Owner Date I (we) 4441,/,/ Wi4ssrn/ of � / 75 /t/a $,jvvc awe, [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3/65 A/ 5,.r..c. 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. • / - p 6- , 2 Pr petty wner Date Property Owner Date 7 : I If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. G o.vT,G 7-470 4iDARILE t/f/.44. Rif D AAR4.4I /.f/G /Tot 4Oi�°Rt f f3 i TRACKING SHEET ` q/ FILE NO. 05-3135 Staff: Mt'��'� \ �.�.��-����4��� t tY6V/Z-19 V SITE ADDRESS: 3165 North Shore Dr. -- Applicant: Allen Munson Owner: Allen&Deanna Munson Address: 3165 North Shore Dr. Address: 3165 North Shore Dr. Wayzata, MN 55391 Wayzata, MN 55391 0 Meeting with Staff Date: 41 4 0 Application Completed Date: 60 Day: dl /I D 9 )1 h 106 Incomplete Notice Sent Date: ( 9(24(os Copy of Application Sent to: I�. Engineer County DNR MCWD LMCD 15!( Property Owners Notified: Date: L/ Legal Notice Published Date: PC Meeting(s): ( 717 0 Co Vote: -0 7-AaL6" Vote: Vote: E Notice of PC Action: " l 0 6 City Council Meeting(s): Vote: Vote: Vote: Resolution: „ ' - oL, 77G YvAto bet 3 Vrg h/l(..... r III *Affidavit of Publication LEGAL NOTICE division of a lot line rearrangement. State of Minnesota, County of Hennepin. CITY OF ORONO #05-3135-Allen&Deanna Munson, , - #05-3129-Ascent Investments,Inc. 3165 North Shore Drive,LR-1B zoning NOTICE OF PUBLIC HEARING on behalf of Douglas Klint,1345 Rest Point district,requests a conditional use permit Eric Serrano,bein dui sworn on oath,say S that The Planning Commission will hold Lane,LR-iB zoning district,requests lot to allow fill in excess of 500 cu.yards and g Y Y public hearings in the Orono Council area,lot width,and side street setback vari- an average lakeshore setback variance to he is an authorized agent and employee of the Chambers at 2780 Kelley Parkway on ances to permit construction of a new resi- construct a new single family residence at Monday,July 18,2005,beginning at 6:00 dence on an existing lot 0.44 acres in areathe same setback as the existing home. publisher of the newspaper known as THE p.m,on the matter of reviewing the follow- and 58'in width at the sfioreline and 76'in ing land use applications: width at the 75'setback when 1.0 acre and #05-3136-Troy R.Broitzman,1860 LA K E R, Mound, Minnesota, and has full 140' in width respectively are normally Shoreline Drive,LR-1A zoning district, knowledge of the facts which are stated below: required and to permit a side street setback requests an average lakeshore setback #04-3068-Ian Petersen,2690 Fox of 23'when 35'is normally required. variance in order to construct a new single Street,RR-1B zoning district,requests a family residence. A.) The newspaper has complied with all the lot area variance in order to build a new #05-3130 Stephen&Jean Skoro, residence on an existing lot 1.255 acres in 2428.Casco Point Road,LR-1C zoning #05-3137-Robert&Victoria Jaffrey, requirements constituting qualifications as a size when 2.0 acres is normally required. district,request a 250'-500'zone hard- 540 Barrett Avenue,RR-1B zoning dis- cover variance to allow 38.9%hardcover trict,request a front yard setback variance I qualified newspaper, as provided by Minnesota #05-3095 - Minnetonka Portable when 30%is normally allowed and 40.2% to permit a front yard setback of 25'when Dredging on behalf of Gregg Steinhafel, currently exists in order to construct a 50'is normally required and 25'currently Statute 331 A.02, 331 A.07, and other applicable 2265 North Shore Drive,LR-1A zoning dis- porch addition to the existing home. exists in order to construct a garage addi- laws,as amended. trict,requests a conditional use permit for a lion with a screen porch above. permanent dock. #05-3131-Steve Bohl of Bohland Development,Inc.requests rezoning and #05-3138-Dan Larkin on behalf of #05-3107-Scott Sisson and Michelle preliminary plat and general concept plan Sandra Benson,1376 Baldur Park Road, B.)The printed Land Use Applications Morey,825 Tonkawa Road,LR-1B zoning approval via the Planned Unit LR-1C zoning district,requests a lake district,request a lot width variance for con- Development process for a residential sub- setback variance,a variance for 2,685 s.f. struction of a new residence on a lot 106'in division to create 11 lots on 1 block at a of structural coverage where 1,909 s.f.is which is attached was cut from the columns of defined width where 140'in width normally density of approximately 3 units per acre normally allowed and 2,741 s.f.currently required. from property located at 190 Willow Drive exists and hardcover variances for hard- said newspaper, and was printed and published South and 177 Glendale Drive,RR-18 zon- cover within the 0-75'zone of 32.9% once each week for one successive week(s). #05-3121 -Cindy Sudheimer and ing district hardcover where 0%is normally allowed James Anderst on behalf of The Narrows and 32.6%currently exists and within the Saloon,3382 Shoreline Drive,B-1 zoning #05-3132-Peter Eskuche on behalf 75'-250'zone of 29.5%hardcover where district,request a conditional use permit to of Brad&Cheryl Jones,2545 North Shore 25%is normally allowed and 31.4%cur- It was first published Saturday expand the existing restaurant and to allow Drive,LR-1A zoning district,requests a rently exists to permit the removal of a outdoor seating in front of the building lot area variance and conditional use per- detached garage and construction of an along Shoreline Drive and in the rear of the mit to permit construction of a new resi- attached garage with living space above. the 2nd day of July 2005, building in an outdoor patio layout adjacent dence on an existing lot 1.53 acres in total to the City-owned parking lot. area with 0.92 acres dry buildable where #05-3139-Hill School of Minnesota, 2.0 acres is normally required and to per- Inc,2180 North Shore Drive,RR-1B zon- #05-3124-William&Rhonda Omlie, mit approximately 900 cubic yards of fill ing district,requests side yard and side and was thereafter print and published 1860 Shadywood Road,LR-IC zoning dis- when normally no more than 500 cubic street setback variances in order construct every Saturday,to and eluding Saturday, trict,request a 250'-500'zone hardcover yards is permitted without a conditional use an addition for office space,and a condi- variance to permit 31.4%hardcover when permit .tional use permit amendment to expand 30%is normally required and 31.4%cur- the school,and allow a temporary trailer on the 2nd day of Jul 20 rently exists and a rear yard setback vari- #05-3133 - Bruce & Elizabeth the property for use during construction.. y y ance to permit a 3'setback when 10'is nor- Nusbaum,3480 North Shore Drive,LR- malty required and 3'currently exists all in IC zoning district,requests a side setback All persons wishing to be heard are order to construct a root expansion to variance,a structural coverage variance to encouraged to attend this meeting.This is match the roof of the existing home. allow 1,750 s.f. of structural coverage not a final agenda and is subject to change where 1,500 s.f.is normally allowed and prior to the hearing.Written comments are #05-3126-Todd&Mysti Courneya, 1,705 s.f.currently exists,a hardcover vari- accepted and should be submitted to the 4620 Tonkaview Lane,LR-1B zoning dis- ance within the 75'-250'zone for 30.8% City of Orono by July 13,2005 if possible. Authorized Agent trict,request a front yard setback variance where 25%is normally allowed and 29.7% Plans are available for review in the City to permit a front yard setback of 25'when currently exists,and a hardcover variance Offices and all interested persons are 35'is normally required and 25'currently within the 250'-500'zone for 41.8%hard-' encouraged to contact the City for further Suscribed and sworn to me on this exists in order to construct a third stall cover where 30%is allowed and 47.9% -information.For an appointment, please garage with living space above. currently exists to allow the construction of call(952)249-4600. a new detached garage. City of Orono 2nd day of July 2005. #05-3127-James&Margaret Kelly, By:Planning Commission 4445'North Shore Drive,LR-1B zoning #05-3134-David Park of Durabilt on district,request lot area and lot width vari- behalf of Richard&Patricia Crosby,2705 Michael P.Gaff ron,Planning Director ances to permit construction of a new resi- Walters Port Lane,LR-1 B zoning district, dence on an existing lot 0.51 acres in area requests hardcover variances for 14.2% Posted at:Orono City Offices By: and 77'in width when 1.0 acre and 140'in hardcover within the 0-75'zone where Crystal Bay Post Office width respectively are normally required. 0%is normally allowed and within the 75'- Long Lake Post Office Notary Public 250'zone for 61.7%hardcover where 25% Navarre Post Office #05-3128-Gregory O'Connor and is normally allowed and 61.7%currently - SUSAN A.FLOHRS Richard Fruen,400 and 410 Big Island,RS exists in order to construct an attached 16' (Published in The Laker and The Pioneer .��.� zoning district,request approval for a sub- x 17'garage. newspapers,July 2,2005). ,.1, NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPOSES 0131.2010 Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. it •tate Affidavit of Publication f of Minnesota,County of Hennepin. Eric Serrano,being duly sworn on oath,says that he is an authorized agent and employee of the LEGAL NOTICE -#OS 3726-Todd$Mysti Courrieya e quesCITY OF ORONO 4620 Tonkavew Lane,LR-1B zoning tionnal use permit to permit cstructioa lot area and n olr '�°"w"noscreen porch above. publisher of the newspaper known as THE 2750 Kelley Parkway,P.O.Box 66 district,request a front yard setback vari- a new residence on an existing lot 1.53 #05,3138-Dan Larkin.on behalf of'IONEER, Mound, Minnesota, and has full Crystal Bay,MN 55323 ante to permits front yard setback of 25' acres in total area with 0.92 acres dry Sandra Benson,1376 Baldur Park Road, g Phone(952)249-4600 Fax(952)249- When 35'is normally required and 25'cur- buildable where 2.0 acres is normally LR-IC zoning district,r cnoWled a of the facts which are stated below: 4616 randy exists In order to construct a third required and to permit a requests a lake stall garage with living space above. cub p approximately 900 setback variance a variant far 2,fi85 s.f. NOTICE OF PUBLIC HEARING yards of till whennormally no more of structural coverage her 1,909 et.is e1.) The newspaper has complied with all the The Planning Commission will hold _ than 500 cubic yards is permitted without normally allowed and 2,741 s.f.currently public hearings in the Orono Council 4445#NorthShoreaDrive,LR-1Bzning aconditionalusepermiL a uirements constituting qualifications as a Chambers at 2780 Kelley on district,request lot area and lot width van- cover and hardcover 0-variances of 32.9%hard- q Monday,mbs a128005,Kelley Parkway6:on ditesto #05-3133 - Bruce & Elizabeth hardcover r Iwhn see0%IsS normally aowed aUail}led neWSpaper, as provided by Minnesota permitrconstruction lot ,5 a new rein Nusbaum, s80 North Shore side setback ba k and 32.0'zone of 2y 5%h and ver w the Statute 331 A.02, 331 A.07, and other applicable p.m n J matter 0f reviewing the follow- idencantes on rn existing lot of ncres ins- 1 u zoning district380 reqh hs a side e, R- 75'-2.6%one of tly.e i hardcover where Mg fend use applications: area and 77'.in width when 1.0 acre and variance,a structural coverage variance 25%is normally allowed and 31.4%cur-laws,as amended. 140'In width respectively are normally to allow 1,750 s.f.of.structural coverage rently exists to permit the removal of a #04-3068-Ian Petersen,2690 Fox required. - where 1 500 i.is normally allowed and detached Street,RR-1B zoning district,requests a #05-3128- vary s f currently the exists,a''-250'hardcover for attached garage and constructionpanabove.of an lot area variance in order to build a new Richard Fruen,400 and y4 0 Big O'Connor 30.8%where)25%Isx normally zone owed garage with living apace B.)The printed Land Use Applications residence on an existing lot 1.255 acres in RS zoning district,.request approval for a and 29 7%currently exists,and a hard- Inc,21180 North Sho h Drive,iof Minnesota, MAR-I B size when 2.0 acres Is normally required. subdivision of a lot line rearrangement cover variance within the 250-500'zone zoning district,requests side yard and • for 41.8% hardcover where 30%.iswhich is attached was cut from the columns of #05-3095 -.Minnetonka Portable' #05-3129-Ascent Investments,Inc. allowed and 47.9%currently exists to construct en asetback variances in order ddition or office space,and Dredging on behalf of Gregg Steinhafel, on behalf of Douglas Klint,1345 Rest allow the construction of a new detached a conditional usesaid newspaper,and was printed and published 2265 North r Shore Drive,LR-1A zoning Point.Lane, LR- 1B zoning district, permit amendment to once each week for one successive week(s). district,req ests a conditional use pemit requests lot area,lot width, 9amge. - expand the propeand allow a temporary k permanent dock street setback variances to permit cone -trailer on the property try for use during con- - #05 3 -David Park of t n- struction. #O5 3107- stru t n.f a new residence on an exist- behalf of Richard&Patricia Crosby,2705 It was first published Saturday Scott Besse and ing lot 0.44 acres in areaand 58'in width Walters Port Lane,LR 1 B zoning tlls • - • Blconl ng disttrict,request a lot wid h v R- setback shoreline when 1 0 ac e a d width 140'In Wi h Mot, requests 14.2%ardover wthi thhev0-75'zone All enourag d to att nd th s meet ng.This is ante for construction of a new re de re P wishing t be heard are the 2nd day of July 2005, on a lot 106 in defined width where 140' respectively a are normally required 2 and to where 0% normallyf t allowed and within not a boil to the agenda and is subject to In width normally required. permit a side street setback of 23'When the 75-250'zone for ll hardcover change prior to the Bearing.Written cob- 35'is normally required where 25%is normally allowed end mama are accepted end should be rub-. and was thereafter printed and published #053121 -Cindy Sudheimer and '61.7%currently east in order to con- mitred to theCity of Orono James Anders!on.bet If of The Narrows 2428 Casco 3Pointt Road,nLA-IC zoning struct attached 16 1Tgarage. by intereJuly st- Saloon, 'zoos if possible. Plans are available for every Saturday,to d including Saturday, Salon,3382 Shoreline Drive B 1 zon district,request a 250 500'zone hard- • review in theCity Offices.and all interest- ing district,request a conditional useper- #05 3135 Allen&De n Munson, ed persons areencouraged to contact the covervariance to allow 38 9%hardcover 3165 North Shore Drive,LR 1B zoning mit to expand the existing restaurant and when 30/ normally allowed and 40.2% distrctit aCityppointment, for further information.(552ll. For. an the 2nd day J 2005; to allow outdoor seating in front of the currently exists in order to construct a to allow fill excess of conditional00 cu yardssand appolntm nt please call(952)249-9600. building along Shoreline Drive end in the porch addition to to existing home rear of the building in an outdoor patio lay- construct a an average new single setback variance to City of Orono • out adjacent to the City-owned parking lot. #05-3131 Steve Bohl of Bohl d the same setback as the existing home at By:Planning Commission #05-3124-William&Rp ontla Omlie, Development,Inc.requests rezoning and preliminary plat and general concept plan #05 3136-Troy R.Broazmen,1860 Michael P.Gaffron,Planning Director 1860 Shadywood Road,LA-IC zoning approval a the Planned Unit Shoreline Drive,LR-1A zoning district, Authorized Agent district request a 250-500'zone hardcov Development process for a residential requests an average lakeshore setback er variance to permit 31.4%hardcover subdivision to create,1 lots on 1 block at variance in order to construct a new single Posted at'Orono City Offices • When 30% is normally required and a density of approximately 3 units per acre family residence. 31.4%currently exists and a rear yard set- from property located at 190 Willow Drive Crystal Bay Post!line Suscribed and sworn to me on this back variance to permit a 3'Setback when .South and 177 Glendale Drive,RR-1 B Long Lake Post Office 10'is normally required and 3'currently zoning district. -Bar 3137 Robert&Victoria Jaffrey, exists all in order to construct a roofY Navarre Post Office 540 ear Avenue,RR iB zoning die- 2nd day of July 2005. expansion to match the'roof of the existing Met requestat my yard eta k variance •. home. g #05 3132-Peter Esakuche on behalf toperms font yard seta k f 25 when (Published in The Laker and The Pioneer of Brad&Cheryl Jones,2545 North 50 is normally required and 25 currently newspapers,July 2,2005). Shore Drive, LR 1A:zoning district, .exists in order to construct a garage addi- By: Notary Public SUSAN A.FLOURS NOTARY PUBLIC-MINNESOTA MY COMMISSION MSS 0141.2010 Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. • CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss. CITY OF ORONO ) I,Denise M.Leskinen,of the City of Orono,Hennepin County,Minnesota,do hereby certify that a Notice of Public Hearing concerning the matter of#05-3135, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of July, 2005. Denise M. Leskinen • • • CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday,July 18,2005,beginning at 6:00 p.m.on the matter of reviewing the following land use applications: 1. #04-3068 Ian Petersen, 2690 Fox Street, RR. — 1B zoning district, requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres is normally required. 2. #05-3095 Minnetonka Portable Dredging on behalf of Gregg Steinhafel,2265 North Shore Drive, LR-1A zoning district,requests a conditional use permit for a permanent dock. 3. #05-3107 Scott Bissen and Michelle Morey, 825 Tonkawa Road, LR-1B zoning district, request a lot width variance for construction of a new residence on a lot 106' in defined width where 140' in width normally required. 4. #05-3121 Cindy Sudheimer and James Anderst on behalf of The Narrows Saloon, 3382 Shoreline Drive, B — 1 zoning district, request a conditional use permit to expand the existing restaurant and to allow outdoor seating in front of the building along Shoreline Drive and in the rear of the building in an outdoor patio layout adjacent to the City-owned parking lot. 5. #05-3124 William & Rhonda Omlie, 1860 Shadywood Road, LR-1C zoning district, request a 250'-500' zone hardcover variance to permit 31.4%hardcover when 30% is normally required and 31.4% currently exists and a rear yard setback variance to permit a 3' setback when 10' is normally required and 3' currently exists all in order to construct a roof expansion to match the roof of the existing home. 6. #05-3126 Todd & Mysti Courneya, 4620 Tonkaview Lane, LR — 1B zoning district, request a front yard setback variance to permit a front yard setback of 25'when 35' is normally required and 25'currently exists in order to construct a third stall garage with living space above. 7. #05-3127 James & Margaret Kelly, 4445 North Shore Drive, LR— 1B zoning district, request lot area and lot width variances to permit construction of a new residence on an existing lot 0.51 acres in area and 77' in width when 1.0 acre and 140' in width respectively are normally required. 8. #05-3128 Gregory O'Connor and Richard Fruen, 400 and 410 Big Island, RS zoning district, request approval for a subdivision of a lot line rearrangement. 9. #05-3129 Ascent Investments, Inc.on behalf of Douglas Klint,1345 Rest Point Lane,LR — 1 B zoning district,requests lot area, lot width,and side street setback variances to permit construction of a new residence on an existing lot 0.44 acres in area and 58' in width at the shoreline and 76' in width at the 75' setback when 1.0 acre and 140' in width respectively are normally required and to permit a side street • • . setback of 23' when 35' is normally required. 10. #05-3130 Stephen&Jean Skoro,2428 Casco Point Road,LR—1 C zoning district,request a 250' — 500' zone hardcover variance to allow 38.9% hardcover when 30% is normally allowed and 40.2% currently exists in order to construct a porch addition to the existing home. 11. #05-3131 Steve Bohl of Bohland Development,Inc.requests rezoning and preliminary plat and general concept plan approval via the Planned Unit Development process for a residential subdivision to create 11 lots on 1 block at a density of approximately 3 units per acre from property located at 190 Willow Drive South and 177 Glendale Drive, RR-1B zoning district. 12. #05-3132 Peter Eskuche on behalf of Brad&Cheryl Jones,2545 North Shore Drive,LR- 1A zoning district, requests a lot area variance and conditional use permit to permit construction of a new residence on an existing lot 1.53 acres in total area with 0.92 acres dry buildable where 2.0 acres is normally required and to permit approximately 900 cubic yards of fill when normally no more than 500 cubic yards is permitted without a conditional use permit. 13. #05-3133 Bruce&Elizabeth Nusbaum,3480 North Shore Drive,LR—1 C zoning district, requests a side setback variance,a structural coverage variance to allow 1,750 s.f. of structural coverage where 1,500 s.f. is normally allowed and 1,705 s.f. currently exists, a hardcover variance within the 75' — 250' zone for 30.8% where 25% is normally allowed and 29.7% currently exists, and a hardcover variance within the 250'—500'zone for 41.8%hardcover where 30%is allowed and 47.9%currently exists to allow the construction of a new detached garage. 14. #05-3134 David Park of Durabilt on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane, LR— 1 B zoning district, requests hardcover variances for 14.2% hardcover within the 0—75' zone where 0%is normally allowed and within the 75'—250'zone for 61.7%hardcover where 25%is normally allowed and 61.7% currently exists in order to construct an attached 16' x 17' garage. 15. #05-3135 Allen & Deanna Munson, 3165 North Shore Drive, LR— 1B zoning district, requests a conditional use permit to allow fill in excess of 500 cu.yards and an average lakeshore setback variance to construct a new single family residence at the same setback as the existing home. 16. #05-3136 Troy R.Broitzman, 1860 Shoreline Drive,LR— lA zoning district, requests an average lakeshore setback variance in order to construct a new single family residence. 17. #05-3137 Robert&Victoria Jaffray,540 Barrett Avenue,RR-1B zoning district,request a front yard setback variance to permit a front yard setback of 25' when 50' is normally required and 25'currently exists in order to construct a garage addition 2 • i • with a screen porch above. 18. #05-3138 Dan Larkin on behalf of Sandra Benson, 1376 Baldur Park Road, LR— 1C zoning district, requests a lake setback variance, a variance for 2,685 s.f. of structural coverage where 1,909 s.f is normally allowed and 2,741 s.f currently exists and hardcover variances for hardcover within the 0—75' zone of 32.9% hardcover where 0%is normally allowed and 32.6%currently exists and within the 75' — 250' zone of 29.5% hardcover where 25% is normally allowed and 31.4% currently exists to permit the removal of a detached garage and construction of an attached garage with living space above. 19. #05-3139 Hill School of Minnesota, Inc, 2180 North Shore Drive, RR — 1B zoning district, requests side yard and side street setback variances in order construct an addition for office space,and a conditional use permit amendment to expand the school,and allow a temporary trailer on the property for use during construction. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by July 13, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information.For an appointment,please call (952) 249-4600. City of Orono By: Planning Commission /7) /V/- Michael P. Gaffrp i;Panning Director To be published in the Laker and Pioneer on July 2, 2005. 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'i tri r<-54 r,•,1 r/i pz4 4 4 o .... , 0 Z ' 4 cn w `t tri n -3 \ 1 tli ke, ...i ik, V rz .\. . Z 1010:11.1:0 H \ ! Niaw g n 0 4 , > c ri- 110 . • �h lo i5.' newspapers 26A Plymouth,Wayzata,Orono&Long Lake Sun-Sa AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) •: LEGAL NOTICES ss. COUNTY OF HENNEPIN) City of Orono (Official Publication) Richard Hendrickson,beingdulysworn on an oath states or affirms,that he is the Chief Fi Kelley OF ORONO t„, 2750 Kelley Parkway;P.O.Box 66 Crystal Bay,MN 55323 nancial Officer of the newspaper known as Sun-Sailor Phone(952)249-4600 Fax(952)249-4616 NOTICE _ and has full knowledge of the facts stated below: The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on (A)The newspaper has complied with all of the requirements constituting qualification as a Tuesday,February 21,2006,beginning at 6:00 p.m.on the matter of reviewing the following land use applications: qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- 1. #05-3135 Allen & Deanna Munson, 3165 North Shore Drive,LR-1 B zoning district,request a able laws, as amended. con- ditional use permit to allow fill in excess of 500 Cu. yards and an average lakeshore setback variance to construct a new single family residence at the same (B)The printed public notice that is attached was published in the newspaper once each setback as the existing home. 2. #05-3136 Troy R.Broitzman,1860 Shoreline Drive, LR-1A zoning district,requests a lot width variance week,for one successive week(s);it was first published on Thursday,the 9 day and an average lakeshore setback variance in order , to construct a new single family residence. of February , 2006, and was thereafter printed and published on every Thursday 3. #05-3161 Jared Andrews of Loucks Associates on behalf of Loren R.Fritz,3805&3845 North Shore Drive,1635 Shadywood Road,LR-1C zoning dis- to and including Thursday,the day of ,2006;and printed below is trict,requests a subdivision in order to create five lots on one block to be known as SHERRI LAKEVIEW ES- a copy of the lower case alphabet from A to Z, both inclusive,which is hereby acknowl- TATEs. 4. #06-3169 Christopher H. Diesen, 1100 Towhiine Road, RR-1A zoning district, requests preliminary edged as being the size and kind of type used in the composition and publication of the plat approval including lot width variances in order to create one additional residential lot and also an after- notice: the-fact conditional use permit for land alterations consisting of fill. abcdef hi'klmno rstuvwx z 5. #06-3170 Bruce Schmitt on behalf of Mary Jeanne 9 J pq y Bowen,985 Edgewood Hills Road,RR-1 B zoning district,construct t a a front dyard ionto the front of in order to construct a porch addition to the front of the exist ing home. 6. #06-3172 Lemmerman Construction Inc.on behalf - of Timothy Russell&Lynn Ann Brady,3555 Freder- `= ick Street,LR-1C zoning'district, request 75'-250' BY: . , hardcover and side yard setback variances In order to CFO construct garage and 2nd story additions to the exist- ing home and after-the-fact approval of a boulder re- taining wall within 75'of the OHWL of Lake Minneton- ka. 7. #06-3175 James and Judith Pierpont, 1801/1849 1 West Farm Road,LR--1A zoning district,request ap- proval of a subdivision of a lot line rearrangement in- ,i' volving Lots 14 and 15, Block 1;The Farm At Long Lake, on this 9 day of February ,2006. 8. #06-3176 Mark Gaylord,3251 Casco Circle,LR- 1 C zoning district,requests lot width and lot area vari- ances,on a lot 15,901 s.f.or 0.37 acres'in area where rt' - 21,780 s.f.or 0.5 acres is normally required and 60'in /p( rt width where 100'is normally required and a hardcov / ,,�. '�v e- er variance within the 75'250'zone for 35.4%hard- cover where 25%is normally allowed and 16.4%cur- Otafy ubh rently exists in order to construct a new single family home. 9. #06-3177 William&Ann McCrackin,4355 Chippe- r„,,' A wa Lane, RR-1A zoning district, request a condi- .l.4:. MARY ANN CARLSON tional use permit for plumbing within an accessory structure in order to construct a bathroom in the ex- 4, : r NOTARY PUBLIC-MINNESOTA isting oversized accessory structure. ,, , z };. MY COMMISSION EXPIRES 1-31-09 All persons wishing to be heard are encouraged to attend r this meeting.This is not a final agenda and is subject to change prior to the hearing. Written comments are ac- cepted and should be submitted to the City of Orono by RATE INFORMATION February 15,2006 if possible.'Plans are available for re- view in the City Offices and all interested persons are en- couraged to contact the City for further information.For an (1) Lowest classified rate paid by commercial users $ 2.85 per line appointment,please call(952)249-4600. for comparable space City of Orono . By: Planning Commission (2) Maximum rate allowed by law $ 6.20 per line Michael P.Gaffron,Planning Director Published in the Sun Sailor on February 9,2006. (3) Rate actually charged $ 1.30 per line Posted at: Orono City Offices - Crystal Bay Post Office *n.-- -, .,, ;. Long Lake Post Office ,. Navarre Post Office (Feb.9,2006)a2/plan comm hrg 022106 • • CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss. CITY OF ORONO ) I,Denise M.Leskinen,of the City of Orono,Hennepin County,Minnesota,do hereby certify that a Notice of Public Hearing concerning the matter of#05-3135,was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6ch day of January, 2006. Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay,MN 55323 Phone (952)249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday,January 17,2006,beginning at 6:00 p.m.on the matter of reviewing the following land use applications: 1. #05-3135 Allen & Deanna Munson, 3165 North Shore Drive, LR— IB zoning district, request a conditional use permit to allow fill in excess of 500 cu. yards and an average lakeshore setback variance to construct a new single family residence at the same setback as the existing home. 2. #05-3146 Mark & Pamela Palm, 1447 Park Drive, LR — 1B zoning district, request variances for side setback and for 75'-250' and 250'-500'zone hardcover variances to permit construction of a new detached garage to replace an existing detached garage. 3. #05-3147 Steve & Janna Sundby, 3587 North Shore Drive, LR — 1C zoning district, request a conditional use permit in order to replace existing timber retaining walls within 75' of Lake Minnetonka and lake setback, hardcover, and structural coverage variances in order to construct a covered entry. 4. #05-3159 Todd.J.Knutson on behalf of Fred A. Johnson, 4017 North Shore Drive,LR- 1 B zoning district,requests lot area and lot width variances in order to construct a new residence on an existing lot. 5. #05-3161 Jared Andrews of Loucks Associates on behalf of Loren R. Fritz,3805&3845 North Shore Drive,1635 Shadywood Road,LR—1 C zoning district,requests a subdivision in order to create five lots on one block to be known as SHERRI LA.KEVIEW ESTATES. 6. #05-3164 City of Orono, Proposed Zoning Code and Subdivision Code amendments for establishment and implementation of Conservation Design requirements for subdivisions and multi-family developments in excess of 5 acres in area,pursuant to the Orono Rural Oasis amendment of the 2000-2020 Orono Community Management Plan. 7. #06-3165 Dennis Backes,2940 Fox Street, RR— 1 B zoning district,requests a conditional use permit to permit installation of plumbing in an existing accessory building. 8. #06-3166 Steven R. Jacobson, 4185 Sixth Avenue N, RR— lA zoning district, requests front yard and rear yard setback variances in order to construct a 16' x 20' addition to the rear of the home. 9. #06-3168 Lyle&Joyce Scott,3472&3480 Shoreline Drive&3477 Lyric Avenue, LR— 1C zoning district, request a subdivision review in order to create driveway access easements. 10. #06-3169 Christopher H. Diesen, 11100 Townline Road, RR— IA zoning district,requests preliminary plat approval including lot width variances in order to create one additional residential lot and also an after-the-fact conditional use permit for land . • alterations consisting of fill. 11. #06-3170 Bruce Schmitt on behalf of Mary Jeanne Bowen,985 Edgewood Hills Road,RR —1B zoning district,requests a front yard setback variance in order to construct a porch addition to the front of the existing home. 12. #06-3171 Christine Albertsson on behalf of John & Joan Brooks, 905 Ferndale Road West, LR — 1A zoning district, requests lake setback, 0-75' & 75'-250' zone hardcover variances and a conditional use permit to permit to relocate and resurface existing hardcover within 75' of the lake and to install plumbing in the existing lakeshore recreational structure. 13. #06-3172 Lemmerman Construction Inc.on behalf of Timothy Russell&Lynn Ann Brady, 3555 Frederick Street,LR—1C zoning district,request 75'-250'hardcover and side yard and side street setback variances in order to construct garage and 2"d story additions to the existing home. 14. #06-3174 Kevin&Suellyn Tritz, 1056 Loma Linda,LR-1 B zoning district,request street yard setback, 75'-250' zone hardcover, and structural coverage variances in order to construct a second story addition above the existing attached garage. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by January 11,2006 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information.For an appointment,please call (952)249-4600. City of Orono i By: Planning Commission .1 ,7 Michael P. Gaffron,Planning Director To be published in the Laker and Pioneer on December 31, 2005. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 9 • a Lo z 2 >. >. F p n. ¢ z ^ z x 0. a z c = U moo x rr0Z ° Fo ° >. U U - 0 - ° < W ,n h M f4 E- F- W c^, 0. _ < w vM, F v) ¢ F en F. ¢ ,M o Z a p a O g C vim, M p 0 U G o O 2 Z 0 ,n 2 Z z m z , v z 7 z 'n op0. ¢ a ,, o oxxx z cS , oo = (, Z x o0. =pa' OZ cop,. Qc OZ d a �- w x ^ v N N E F- N 0. 0. Z M ¢ Z M d 0. 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Impression antibourrage et a sechage rapide www.avery.com ® Utilisez le gabarit 5160® cS j-3/35 1-800-G®-Aitl:Rv t RYA 5160 3 0811723410001 38 0811723440006 38 0811723440010 hirley J Hendrickson Henry L Sweatt ick A Windenburg Catherine M Sallas 3220 BohnsPoint Lane C/O Lowry Hill 200 North Shore Dr. Wayzata, MN 55391 90 7th. St. S #5300 Tayzata, MN 55391 Minneapolis, MN 55402 8 0911723320008 38 0911723320009 38 0911723320010 lichael S &Donna D Wallace Jon & Janene Heidorn Resort Ventures Company LLC 1 160 North Shore Dr. 3180 North Shore Dr. P.O. Box 97 \Tayzata, MN 55391 Wayzata, MN 55391 Excelsior, MN 55331 8 0911723320011 38 0911723320012 38 0911723320013 ames A &Debra L Rosati Cheryl &Albert Trapanese Elizabeth P Vogt 188 North Shore Dr. 480 Deborah Dr. 3115 North Shore Dr. Vayzata, MN 55391 Orono, MN 55359 Wayzata, MN 55391 8 0911723320018 38 09117233300001 38 0911723330002 ;tuart G Harrington J L Mandel &P Mandel Allen &Deanna Munson 135 North Shore Dr. 3155 North Shore Dr. 3165 North Shore Dr. Vayzata, MN 55391 Wayzata,MN 55391 Wayzata, MN 55391 8 0911723330003 38 0911723330004 38 0O1723331300S JV V/6d /4.J✓✓VV ✓laurice J Wagener Chloe Held Moran Barbara B Johnson Trustee 420 Bohns Point Rd. 1480 Bohns Point Rd. Eugene & Barbara Johnson Wayzata, MN 55391 Wayzata, MN 55391 1500 Bohns Point Rd. Wayzata, MN 55391 8 0911723330009 38 0911723330013 38 09117233.30015 1vlichael & Catherine Russin Sharon L Peterson Christopher&'Emily Chapman 3175 North Shore Dr. 15900 Flying Cloud Dr. 1406 Bohns Point Rd. Wayzata, MN 55391 Eedn Prairie, MN 55347 Wayzata, MN 55391 38 0911723330016 ionathan/Catherine Aanestad 3185 North Shore Dr. Wayzata, MN 55391 a • • _ , • Affid of Publication State of Minnesota, County of Hennepin. Eric Serrano,being duly sworn on oath,says that he is an authorized agent and employee of the LEGAL NOTICE tract, requests a subdivision in order to trict,requests lake setback,0-75'&75'- -:.publisher of the newspaper known as T H E CITY OF ORONO create five lots on one block to be known 250'zone hardcover variances and a con- ' 2750 Kelley Parkway,P.O.Box 68 as SHERRI tAKEVIEW ESTATES. ditlonal use permit to permit to relocate PIONEER, Mound, Minnesota, and has full Crystal Bay,MN 65323 and resurface existing hardcover within knowledge of the facts which are stated below: #05-3164-City of Orono,Proposed 75'of the lake and to Install plumbing in eg NOTICE OF PUBLIC HEARING Zoning Code and Subdivision Code the existing lakeshore recreational struc-.. amendments for establishment and'male- - ture. The Planning Commission will hold mentation of Conservation Design - A.) The newspaper has complied with all the ibllc hearings In the Orono Council requirements for subdivisions and multi- #06-3172 - Lemmerman umbers at 2780 Kelley Parkway on family developments in excess of 5 acres Construction.Inc. on behalf of Timothy requirements constituting qualifications as a esday,January 17,2006,beginning at in area, pursuant to the Orono Rural Russell&Lynn Ann Brady,3555 Frederick ualified newsprovided byMinnesota 30 p.m.on the matter of reviewing the Oasis amendment of the 2000-2020 Street,LR-1C zoning district,request q newspaper, as p rov lowing land use applications: Orono Community Management Plan. 75'-250'hardcover and side yard and side -; Statute 331 A.02, 331 A.07, and other applicable street setback variances in order to con M05.3135-Allen&Deanna Munson, #06-3165-Dennis Backes,2940 Fox struct garage and 2nd story additions to laws, as amended. 65 North Shore Drive,LR-18 zoning Street,RR-1 B zoning district,requests a the existing home. strict,request a conditional use permit conditional use permit to permit installs- allow fill in excess of 500 cu.yards and tlon of plumbing In an existing accessory #06-3174 - Kevin & Suellyn Tritz, B.)The printed Land Use Applications average lakeshore setback variance to building. 1056 Loma Linda,LR-1 B zoning district, Instruct a new single family residence at request street yard setback, 75'-250' a same setback as the existing home. #06-3166 - Steven R. Jacobson, zone hardcover,and structural coverage.. which is attached was cut from the columns of 4185 Sixth Avenue N,RR-1A zoning dis- variances in order to construct-a second • #05-3146-Mark& Pamela Palm, trict,requests front yard and rear yard set- story addition above the existing attached • said newspaper, and was printed and published 147 Park Drive,LR-113 zoning district, back variances in order to construct a 16' garage. quest variances for side setback and for x 20'addition to the rear of the home. .once each week for one successive week(s). i-250' and 250'-500'zone hardcover - All persons wishing to be heard are viances to permit construction of a new #06-3168-Lyle&Joyce Scott,3472 encouraged to attend this meeting.This is atached garage to replace an existing -& 3480 Shoreline Drive & 3477 Lyric not a final agenda and is subject to It was first published Saturday atached garage. Avenue,LR-1C zoning district,request a change prior to the hearing.Written com- subdivision review In order to create drive- ments are accepted and should be sub- #05-3147-Steve&Janna Sundby, way access easements. miffed to the City of Orono by January 11, the 31 st day of December 2005, i87 North Shore Drive,LR-1C zoning 2006 if possible. Plans are available fore y strict,request a conditional use permit in #06-3169-Christopher H.Nissen, review in the City Offices and all interest- der to replace existing timber retaining 1100 Townline Road,RR-1A zoning dis ed persons are encouraged to contact the ails within 75'of Lake Minnetonka and trict, requests preliminary plat approval City for further information. For an and was thereafter printed and published ke setback, hardcover, and structural Including lot width variances in order to appointment,please call(952)249-4600. Overage variances in order to construct a create one additional residential tot and every Saturday,to and including Saturday, vered entry. also an after-the-fact conditional use per- City of Orono mit for land alterations consisting of rill. By: Planning Commission #05.3159 - Todd J. Knutson on the 31st day December 2005; shalt of Fred A.Johnson,4017 North #063170-Bruce Schmitt on behalf Michael P.GaHron,Planning Director hors Drive, LA - 1B zoning district, of.Mary Jeanne Bowen,985 Edgewood quests lot area and lot width variances Hills Road, RR - 1 B zoning district, order to construct a new residence on requests a front yard setback variance in Posted at:Orono City Offices;Crystal r existing lot. order to construct a porch addition to the Bay Post Office;Long Lake Post Office; front of the existing home. Navarre Post Office #05-3161-Jared Andrewsot Loucks Authorized Agent ssociates on behalf of Loren R.Fritz, - 006-3171-Christine Albertsson on (Published in The Laker and The Pioneer, 305&3845 North Shore Drive, 1635 ' behalf of John & Joan Brooks, 905 December 31,2005) hadywood Road,LR-1C zoning dis- Ferndale Road West,LR-1A zoning dls- Suscribed and sworn to me on this ';" ,1 # 31st day of December 2005. • By: i1iY Notary Public NOTARY PUBLIC A Fl.OHRS A MY COMMISSION EXPIRES�-2010s Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. Afavit of Publication State of Minnesota, County of Hennepin. Eric Serrano,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 LEGAL NOTICE ...irIct,requests a subdivision in order to trict,requests lake setback,0-75'.&75'- knowledge of the facts which are stated below: CITY OF ORONO create live lots on one block to be known 250'zone hardcover variances and a con- 2750 Kelley Parkway,P.O.Box 66"- as SHERRI LAKEVIEW ESTATES. ditlonal use permit to permit to relocate Crystal Bay,MN 55329 �` and resurface existing hardcover within N08 3164-City of Orono,Proposed 75'of the lake and to install plumbing in A.) The newspaper has complied with all the NOTICE OF PUBLIC HEARING Zoning Code and Subdivision Code the existing lakeshOre recreational struc requirements constituting qualifications as a amendments for estaWbhment and Imple- tura. .,. • The Planning Commission will hold mentation of Conservation Design qualified newspaper, as provided by Minnesota public hearings in the Orono.Council requirements for subdivisions and multi- #08-3172 - Lemmermttn • Chambers at 2780 Kelley Parkway on family developments in excess of 5 acres Construction Inc. on behalf of Timothy Statute 331 A.02, 331 A.07, and other applicable Tuesday,January 17,2006,beginning at in area, pursuant to the Orono Rural Russet&Lynn Ann Brady,3555 Frederick laws,as amended. 6:00 p.m.on the matter of reviewing the Oasis amendment of the 2000-2020 Street,LR-1C zoning district,request following land use applications: Orono Community Management Plan. 75'-250'hardcover and side yard and side street setback variances in order to con- #05-3135-Allen&Deanna Munson, 1/06-3185-Dennis Backea,2940 Fox struct garage and 2nd story additions to B.)The printed Land Use Applications 3165 North Shore Drive,LR-1B zoning Street,RR-1 B zoning district,requests a the existing home. „ district,request a conditional use permit, conditional use permit to permit installs- � to allow fill in excess of 500 cu..yards and Lion of plumbing in an existing accessory - #06-3174 - Kevin'&�Stletlyn Tritz, which is attached was cut from the columns of an average lakeshore setback variance to building. 1056 Loma Linda,LR-1 B zoning district,. construct a new single family residence at request street- yard setback, 75'-250' said newspaper, and was printed and published the same setback as the existing home. #06-3166 - Steven R. Jacobson, zone hardcover,and structural coverage once each week for one successive week(s). 4185 Sixth Avenue N,RR-1A zoning dis- variances In order to construct a second #05.3148-Mark& Pamela Palm, trict,requests front yard and rear yard set- story addition above the existing attached 1447 Park Drive,LR-1B zoning district, back variances in order to construct a 16' garage.. request variances for side setback and for x 20'addition to the rear of the home. It was first published Saturday 75'-250' and 250'-500'zone hardcover All persons wishing to be heard are variances to permit construction of a new #08-3168-Lyle&Joyce Scott,3472 encouraged to attend this meeting.This is detached garage to replace an existing & 3480 Shoreline Drive & 3477 Lyric not a final agenda and is subject to the 31 st day of December 2005, detached garage. - Avenue,LR-1C zoning district,request a change prior to the hearing.Written corn- • subdivision review in order to create drive- manta are accepted and should be sub- #05-3147-Steve&.Jana Sundby, way access easements. mined to the City of Orono by January 11, and was thereafter printed and published 3587 North Shore Drive,LR-1C zoning 2006 if possible. Plans are available for district,request a conditional use permit in #08-3169-Christopher H.Dieaen, review in the City Offices end all interest- every Saturday,to and including Saturday, order to replace existing timber retaining 1100 Townllne Road,RR-1A zoning dis- ed persons are encouraged to contact the walls within 75'of Lake Minnetonka and trict, requests preliminary plat approval City for..further information. For an lake setback, hardcover, and structural including lot width variances in order to. appointment,please call(952)'249-4600. the 31 St dayo December 2005; coverage variances in order to construct a create one additional residential lot and covered entry. - also an after-the-fact conditional use per- City 00'0116 mit for land alterations consisting of till. By:Planning Commission #05.3159 - Todd J. Knutson on behalf of Fred A.Johnson,4017''North #08.3170-Bruce Schmitt on behalf Michael P.Gamron,Planning Director Shore Drive, LR - 1B zoning district, of Mary Jeanne Bowen,985 Edgewood requests lot area and lot width variances Hills Road,AR - 1B zoning district, - Authorized Agent in order to construct a new residence on requests a front yard setback variance in Posted.at:Orono City Offices;Crystal an existing lot. order to construct a porch addition to the Bay Post.Office;Long Lake Post Office; A05-3161-Jared Andrews of Loucks front of the existing tame' Navarre Post Office Suscribed and sworn to me on this Associates on behalf of Loren R.Fritz, 006.3171-Christine Albertsaon on (Published in The Laker and 1'hlPlanear, 3805 & 3845 North Shore Drive, 1835 behalf of John & Joan Brooks, 905 December 31,2005) Shadywood Road,LR-1C zoning dis- Ferndale Road West,LR-1A zoning die- 31st day of December 2005. By .1---- :. caAQ�s2 Notary Public SUSAN A.FI.OHRS ?. NOTARY PUBLIC-MINNESOTA P.,- MY COMMISSION EXPIRES 01.31.2010 • Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. • Affidavit of Pliblication State of Minnesota, County of Hennepin. Eric Serrano, 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 LEGAL NOTICE behalf of James D. Mackinnon et al, knowledge of the facts which are stated below: CITY OF ORONO "3500"Watertown Road,RR—1 B zoning 2750 Kelley Parkway,P.O.Box 66 district, requests preliminary plat Crystal Bay,MN 55323 approval to create six single family resi- A ) The newspaper has Compiled with all the Phone(952)249-4600 dential lots on one block including con- Fax (952)249-4616 struction of a private roadway requiring requirements constituting qualifications as a minimum lot areas of 2.0 acres and min- NOTICE OF PUBLIC HEARING imum lot widths of 200 feet at the right-of- qualified newspaper, as provided by Minnesota he Planning Commission will hold pub- Way. Statute 331 A.02, 331 A.07, and other applicable hearings in the Orono Council #05-3159—Todd J.Knutson on behalf of laws, as amended. hambers at 2780 Kelley Parkway on Fred A. Johnson, 4017 North Shore londay, November 21, 2005, beginning Drive,LR—1 B zoning district,requests a 1 6:00 p.m.on the matter of reviewing lot area, lot width,and a 75'-250'zone ie following land use applications: hardcover variance in order to construct B.) The printed Public Hearing Land U s e a new residence on an existing lot. Applications 05-3131 — Steve Bohl of Bohland evelopment,Inc.requests rezoning and #05-3161 Jared Andrews of Loucks reliminary plat and general concept Associates on behalf of Loren R. Fritz, Ian approval via the Planned Unit 3805& 3845 North Shore Drive, 1635 which is attached was cut from the columns of ,eveloubdivisonto ment process 10 lots onr1 blockal trcttl quests a subdivision n o d order dto said newspaper, and was printed and published density of approximately 3 units per create five lots on one block to be known once each week for one successive week(s)- cre from property located at 190 Willow as SHERRI LAKEVIEW ESTATES. hive North and 177 Glendale Drive,RR- B zoning district. #05-3162 — City of Orono, Proposed It was first published Saturday Zoning Code amendment of Section 78- p y 05.3135 — Allen & Deanna Munson, 1405 regarding entrance monument reg- 165 North Shore Drive,LB—1 B zoning ulations. istrict,request a conditional use permit the 5th day of November 2005, allow fill in excess of 500 cu.yards and #05-3164 - City of Orono, Proposed n average lakeshore setback variance Zoning Code and Subdivision Code )construct a new single family resi- amendments,for establishment and and was thereafter printed and published ence at the same setback as the exist- implementation of Conservation Design ig home. requirements for subdivisions and multi- every Saturday, to and including Saturday, family developments in excess of 5 acres 05-3139—Hill School of Minnesota,Inc, In area, pursuant to the Orono Rural 180 North Shore Drive,RR—16 zoning Oasis amendment of the 2000-2020 the 5th da o Novemb 2005' listrict, requests side yard and side Orono Community Management Plan. 9 treet setback variances in order con- .truct an addition for office space,and a All persons wishing to be heard are onditional use permit amendment to .encouraged to attend this meeting. This ixpand the school, and allow a tempo- is not a final agenda and is subject to ary trailer on the property for use during change prior to the hearing: Written .onstruction: comments are accepted and should be Authorized Agent submitted to the City of Orono by k05-3146 Mark&Pamela Palm, 1447 November 16, 2005 if possible. `Plans 'ark Drive, LR — 1B zoning district, are available for review in the City Offices Suscribed and sworn to me on this equest variances for side setback and and all interested persons are encour- or 75'-250' and 250'-500' hardcover to aged to contact the City for further infor- termit construction of a new detached mation.For an appointment,please call garage to replace an existing detached (952)249-4600. 5th day of November 2005. garage. City of Orono #05-3147 Steve&Janna Sundby,3587 By: Planning Commission Vorth Shore Drive, LR 1C zoning dis- yl eL rict, request a conditional use permit in Michael P.Gaffron, By: ,. )rder to replace existing timber retaining Planning Director \.3 Nails with boulder watts within 75'of Lake Notary Public Vlinnetonka. (Published in The Laker and The Pioneer - newspapers,November 5,2005.) SUSAN A.FLORAS 105-3152 — Bohland Development. on NOTARY PUBLIC-MINNESOTA Wit), MY COMMISSION EXPIRES 01-31.2010 Rate Information ( (1) Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. • a Affidavit of Publication State of Minnesota, County of Hennepin. Eric Serrano,being duly sworn on oath,says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: LEGAL NOTICE school,end allow a temporary trailer on A.) The newspaper has complied with all the CITY OF ORONO the property for use during construction. #05.3162 - City of Orono, Proposed requirements constituting qualifications as a 2750 Kelley Parkway,.P.O.Box 66 Zoning.Code amendment of Section 78- re q g q Crystal Bay,MN 55323 #05-3146-Mark&Pamela Palm,1447. 1405 regarding entrance monument regu qualified newspaper, as provided by Minnesota Phone(952)249-4600 Fax (952)249-. Park Drive, 1.R - 1B zoning district, lations. 4616 request variances for side setback and for Statute 331 A.02, 331 A.07, and other applicable 75'-250''and 250.-500'hardcover to permit NOTICE OF PUBLIC HEARING construction of a new detached garage to laws,as amended. replace an existing detached garage. #05-3164 -City of Orono, Proposed The Planning Commission will hold public Zoning Code and Subdivision Code hearings in the Orono Council Chambers #05-3147-Steve&Janne Sundby,3587 amendments for establishment and imple- B.) The printed Public Hearing Land U s e at 2780 Kelley Parkway on Monday, North Shore.Drive,LR-1C zoning dis- mentetlon of Conservation Design November 21,2005,beginning at 6:00 trict,request a conditional,use permit in requirements for subdivisions and mitt- Applications p.m.on the matter of reviewing the follow• order to replace existing timber retaining family developments in excess of 5 acres ing land use applications: walls with boulder walls within 75'of Lake In area, pursuant to.the Orono Plural Minnetonka. Oasis amendment of the 2000-2020 which is attached was cut from the columns of #05-3131 - Steve Bohl of Bohland Orono Community Management Plan. Development,Inc.requests rezoning and #05-3152'-Bahland. Development on said newspaper, and was printed and published preliminary plat and general concept plan behalf of James D. Mackinnon et al, All persons wishing to be heard are. approval .via the Planned Unit "3500"Watertown Road,RR-1B zoning once each week for one successive weeks encouraged to attend this meeting.This Is ). Development process for a residential district,requests preliminary plat approval not a final agenda.and is subject to subdivision to create 10 lots.on 1 block at to create six single family residential lots change prior to the hearing.Written com- a density of approximately 3 units per acre on one block including construction of a- meets are accepted and:should be sub- It was first published Saturday from property located at 190 Willow Drive private roadway requiring minimum lot mined to the City of Orono by November _ North end 177 Glendale Drive, RR-113 areas of 2,0 acres and minimum lot widths 16,2005 if possible. Plans are available zoning district. of 200 feet at the right-of-way. for review in the City Offices and all inter- the 5th day of November 2005, ested persons are encouraged to contact #05-3135 - Allen & Deanna Munson, #05-3159-Todd J.Knutson on behalf of the City for further information, For an 3165 North Shore Drive,LR-18 zoning Fred A.Johnson,4017 North Shore Drive, appointment,please call(952)249-4600. district,request a conditional use permit LR-1B zoning district, requests. a lot and was thereafter printed and published to allow fill in excess of 500 cc.yards end area,lot width,and a 75'250'.zone hard- City of Orono every Saturda ,to and including Saturday, an average lakeshore setback variance to cover variance in order to construct a new By: Planning Commission construct a new single family residence at residence on en existing lot. the same setback as the existing home. Michael P.Gaffron, #05.3161 -Jared Andrews of Loucks Planning Director the 5th day o ovember 2005; #05.3139-Hill School of Minnesota,Inc, Associates on behalf of Loren R..Fritz,. 2180 North Shore Drive,RR 1B zoning 3805&3845 North Shore Drive, 1635 (Published In The Laker and The Pioneer district,requests side yard and side street Shadywood Road,LR-1 C zoning dis- newspapers,November 5,2005.) setback variances in order construct an trict;requests a subdivision'in order to addition for office space,and a condition- create five lots on one block to be known- al use permit amendment to expand the es SHERRI LAKEVIEW ESTATES, Authorized Agent Suscribed and sworn to me on this 5th day of November 2005. By: S, Notary Public SUSAN A,FLOHRS NOTARY PUBUC-MINNESOTA MY COMMISSION EXPIRES D1-31.2010 Rate Information (1)Lowest classified rate paid by commercial users / for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. Affidil of Publication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota, and has full LEGAL NOTICE structural hardcover would result in a 44'where 50'is normally required and 44' knowledge of the facts which are stated below: CITY OF ORONO slight net decrease in hardcover within 0- currently exists. 2750 KelleyrystalBarkway,55323O. 66 250'of Lake Minnetonka. A.) The newspaper has complied with all the crystal Bay,MN 55323 °#05-3158-YA Architecture on behalf of Phone(952)249-4600 •#05-3146-Mark&Pamela Palm,1447 Tim and Gayle Devries,3125 Fox Street, requirements constituting qualifications as a Fax (952)249-4616 Park Drive, LR - 18 zoning district, LR-1 A zoning district,requests a condi- request variances for side setback and for tional use permit in order to construct a qualified newspaper, as provided by Minnesota NOTICE OF PUBLIC HEARINGS 75'-250'and 250'-500'hardcover to permit guest house on the property. Statute 331 A.02, 331 A.07, and other applicable construction of a new detached garage to pp The Planning Commission will hold public replace an existing detached garage. •#05-3159-Todd J.Knutson on behalf of laws,as amended. hearings in the Orono Council.Chambers Fred A.Johnson,4017 North Shore Drive, at 2780 Kelley Parkway on Monday, •#05-3147-Steve & Janna Sundby, LR- 1B zoning district, requests a lot October 17,2005,beginning at 6:00 p.m. 3587 North Shore Drive,LR-1C zoning area,lot width,and a 75'-250'zone hard- B.) printed the matter of reviewing the following district,request a conditional use permit in cover variance in order to construct a new The pinted Land Use Applications land use applications: order to replace existing timber retaining residence on an existing lot. walls with boulder walls within 75'of Lake • #05-3131 - Steve Bahl of Bohland Minnetonka, •#05-3160-Judson M.Dayton,825Old which is attached was cut from the columns of Development,Inc.requests rezoning and Crystal Bay Road South, LR-1A zoning preliminary plat and general concept plan • #05-3148 —Robert Carlson, 4465 district, requests a combinationisubdivh said newspaper, and was printed and published approval via the Planned Unit Bayside Road, RR-1B zoning district, sion of a lot line rearrangement involving once each week for one successive weeks). Development process for a residential requests a variance to allow a three separate residential tax parcels(PID subdivision to create 10 lots on 1 block at 2.5'encroachment into the required 10' #'s 09-117,23 21 0001, 09-117-23 21 a density of approximately 3 units per acre setback between buildings for a kitchen 0004,and 09-117-23 21 0005).to result in from property located at 190 Willow Drive addition to the existing home, two residential tax parcels and a driveway It was first published Saturday North and 177 Glendale Drive, RR-1B access easement. zoning district. •-#05.3151-Gary&Sandra Baron,3619 North Shore Drive,LR-1C zoning die- All persons wishing to be heard are the 1st day of October 2005, •#05-3135-Allen&Deanna Munson, trict,request lot area,lot width,and 0-75' encouraged to attend this meeting.This is 3165 North Shore Drive,LR-1B zoning and 75'-250' hardcover variances in not-a final agenda and is subject to district,request a conditional use permit order construct a new single family reai- change prior to the hearing.Written corn- and was thereafter printed and published to allow fill in excess of 500 cu.yards and dance, ments are accepted and should be sub- an average lakeshore setback variance to mitted to the City of Oronio by October12, every Saturday to and including Saturday, construct a new single family residence at •#05-3152-Bohland Development on 2005 if possible. Plans are available for the same setback as the existing home. behalf of James D. Mackinnon et al, review in the City Offices and all interest- "3500"Watertown Road,RR-18 zoning ed persons are encouraged to contact the the 1st day October 2005; •005-3139-Hill School of Minnesota, district,requests preliminary plat approval City for further Information. For an Inc,2180 North Shore Drive, RR-1B to create six single family residential lots appointment,please call(952)249-4600. zoning district, requests side yard and on one.block Including construction of a side street setback variances in order private roadway requiring minimum lot City of Orono construct an addition for office apace,and areas of 2.0 acres and minimum lot widths By: Planning Commission a conditional use permit amendment to of 200 feet at the right-of-way. expand the school,and allow a temporary Authorized Agent trailer on the property for use during con- •#05-3156-Kevin Garnett,450 Orono Michael P.Gaffron, struction. Orchard Road, RR-1B zoning district, Planning Director i.)::^0 a requests a conditional use permit pnr- Suscribed and sworn to me on this • #05-3142 - Christopher & Emily mit Installation of plumbing in the existing Chapman,3775 Bayside Road,LR-1A oversized accessory building. Posted at:Orono City Offices;Crystal Bay zoning district,request a street yard set-. Post Office; Long Lake Post Office; back variance to permit construction of a •#05.3157-Martha T.Mason on behalf Navarre Post Office 1st day of October 2005. shed 28'from Bayside Road where 50'Is of Sara N.Moos,2160 Webber Hills Road, normally required and the existing home RR-10 zoning district,requests a front (Published In The Laker and The Pioneer is setback 21.8'and a hardcover variance yard setback variance to permit construc- newspapers,Octoberl,2005). whereby the proposed removals of non- Lion of a garage addition and second story structural hardcover for the addition of living addition at a front yard setback of By: ) Notary Public 44, SUSAN A,FLOHRS NOTARY PUBLIC-MINNESOTA •`'MY COMM ISS ION EXPIRES 01.31.2010 Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. AffidS of Publication • State of Minnesota, County of Hennepin. Eric Serrano, 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: LEGAL NOTICE net decrease In hardcover within 0-250'of °#05-3158—YA Architecture on behalf of CITY OF ORONO Lake Minnetonka. Tim and Gayle Devries,3125 Fox Street, 2750 Kelley Parkway,P.O.Box 66 zoning requestsA.) The newspaper has complied with all the Crystal Bay,MN 55323 °#05-3146—Mark&Pamela Palm,1447 LR al t us in or; toconstruct a Gonda Phone(952)249-4600 Park Drive,LR—1 B zoning district,request tional u houses onpermit in order to a Fax(952)249-4616 variances for side setback and for 75'-250' lowest05-319-Todeproperty. requirements constituting qualifications as a of and 250'-500'hardcover to permit construe- A. Todd J.Knutson on behalf e, qualified newspaper, as provided by Minnesota Fred A.Johnson,4017 North Shore Drive, NOTICE OF PUBLIC HEARINGS bon of a new detached garage to replaa,je an LR—10 zoning district,requests a tot area, Statute 331 A.02, 331 A.07, and other applicable The Planning Commission will hold public existing detached garage. lot width,and a 75'-250'zone hardcover hearings in the Orono Council Chambers at •#05-3147—Steve&Janna Sundby,3587 variance in order to construct a new resi- laws, as amended. 2780 Kelley Parkway on Monday,October North Shore Drive,LR—1 C zoning district, dance on an existing lot 17,2005, beginning at 6:00 p.m.on the request a conditional use permit in order to °.#05.3160—Judson M.Dayton,825 Old matter of reviewing the following land use replace existing timber retaining walls with Crystal Bay Road South,LR-1A zoning dis- B.)The printed Land Use Applications applications: boulder walls .within. 75' of Lake trict,requests a combination/subdivision of ® Minnetonka - a lot line rearrangement involving three sap- -#05.3131 —(Steve Bohl of Bohland 405-3148 — Robert Carlson, 4465 arate residential tax parcels(PID Ws 09- Development, Inc.requests rezoning and Bayside Road, RR.- 18 zoning district, 117-23 21 0001,09-117-23 21 0004,and which is attached was cut from the columns of preliminary plat and general concept plan requests a variance to allow a 09-117:23 21 0005)to result in two resi- approval via the Planned Unit Development 2.5'encroachment into the required 10'set- dental tax parcels and a driveway access said newspaper, and was printed and published process for a residential subdivision to cre- back between buildings for a kitchen addi- easement once each week for one successive weeks ate 10 lots on 1 block at a:density of approx- Lion to the existing home. week(s). imately 3 units per acre from property local °#05.3151—Gary&Sandra Baron,3619 All persons wishing to be heard are ed at 190 Willow Drive North and 177 North Shore Drive,LR—1 C zoning district, encouraged to attend this meeting.This is Glendale Drive,RR-iB zoning district request lot area,lot width,and 0-75'and It was first published Saturday •#053135-Allen& Deanna.Munson, . 75'—250'hardcover variances In order con- not a ncel agenda Wd ritten ensu coemmct to nts are 31465 North Shore Drive,LR—18 zoning struct a new single family residence. priore tot the hearing.Written comments are district,request a conditional use permit to •#05-3152—Bohland Development on- accepted and should be submitted to the allow fill in excess.of 500 cu.yards and an behalf of'James D.Mackinnon et al,"3500" City of Orono by October 12,2005 if possi-ble the 1 St day of October 2005, average lakeshore setback variance to con- Watertown Road,RR—1 B zoning district, City PlansOfficesare available aller for review in the struct a new single family residence at the requests preliminary plat approval to create encouraged and on interested persons are same setback as the existing home. six single family residential lots on one to contact the City for further and was thereafter printed and published •tme setback kHillas School of Minnesota,Inc, block including construction of a private information.For an appointment,please call (952)249-4600. every Saturd ,to and including Saturday, 2180 North Shore Drive,RR—10 zoning roadway requiring minimum lot areas6f2.0 district,requests side yard and side street acres and minimum lot widths of 200 feet at City of Orono, setback variances in order construct an the right-of-way. By:.Planning Commission the 1st da f October 2005; addition for office space,and a conditional •#05-3156—Kevin Garnett,450 Orono use permit amendment to expand the Orchard Road, RR—1B zoning district, Michael P.Gaffron, school,and allow a temporary trailer on the requests a conditional use permit to permit Planning Director property for use during construction. - installation of plumbing in the existing over- ° 405.3142 — Christi pher & Emily sized accessory building. Chapman,3775 Bayside.Road,LR 1A °#05-3157—Martha T:Mason on behalf of Posted at Orono City Offices;Crystal Bay zoning district, request a street yard set- Sara N.Moos,2160 Webber Hills Road,RR Post Office;Long Lake Post Office;Navarre back variance to permit construction of a —1 B zoning district,requests a front yard Post Office Authorized Agent shed 28'from Bayside Road where 50'is setback variance to permit constmotion of a (Published in The.Laker and The Pioneer normally required and the existing home is garage addition and second story living newspapers,Octoberl,2005). Suscribed and sworn to me on this setback 21.8'and a hardcover variance addition at a front yard setback of 44'where whereby the proposed removals of non- 50'is normally required and 44'currently structural hardcover for the addition of exists. structural hardcover would'result in a slight" 1st day of October 2005. By: , x Notary Public SUSAN A.FLOHRS' • .. NOTARY PUBLIC-MINNESOTA A1Y COMMISSION EXPIRES 01.31.20f0 Rate Information 1 (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. 0 Affidavit of lication LEGAL NOTICE walls existing within 75'of the OHWL of CITY OF ORONO Lake Minnetonka. State of Minnesota, County of Hennepin. 2750 Kelley Parkway,P.O.Box 66 Crystal Bay,MN 55323 ®#05-3146-Mark&Pamela Palm, hone(952)249-4600 Fax (952)249- 1447 Park Drive,LR-iB zoning district, Eric Serrano, being duly sworn on oath, says that 4616 request a renewal of variances originally granted in 2002to permit construction of a he is an authorized agent and employee of the )TICE OF PUBLIC HEARINGS new detached garage to replace an exist- ing detached garage,requiring hardcover publisher of the newspaper known as T H E The Planning Commission will hold and side yard setback variances. L A K E R Mound, Minnesota, and has full blic hearings in the Orono Council ® umbers at 2780 Kelley Parkway on #05-3147-Steve&Janna Sundby, knowledge of the facts which are stated below: inday, September 19, 2005, beginning 3587 North Shore Drive,LR-1C zoning 6:00 p.m.on the matter of reviewing the district,request a conditional use permit in [owing land use applications:- order to replace existing timber retaining walls with boulder walls within 75'of Lake A.) The newspaper has complied with all the ® #05-3095 - Minnetonka Portable Minnetonka.edging on behalf of Gregg Steinhafel, requirements constituting qualifications as a 65 North Shore Drive, LR-1A zoning 0#05-3148-Robert Carlson,4465 qualified newspaper, as provided by Minnesota strict,requests a conditional use permit Bayside Road, RR- 1B zoning district, a permanent dock. requests a variance to allow a Statute 331 A.02, 331 A.07, and other applicable 2.5'encroachment into the required 10' laws, as amended. • 0#05-3121 -Cindy Sudheimer and setback between buildings for a kitchen mes Anderst on behalf of The Narrows addition to the existing home. loon,3382 Shoreline Drive,B-1 zon- )district,request a conditional use per- a #05-3149 - John Thiesse on B.) The printed Notice-Land Use Applications t to expand the existing restaurant and behalf of Trinity Lutheran Church, 2060 allow outdoor seating in front of the Sixth Avenue N,RR-1B zoning district, iilding along Shoreline Drive and in the requests a conditional use permit to per- which is attached was cut from the columns of ar of the building in an outdoor patio lay- mit construction of a storage addition, it adjacent to the City-owned parking lot. administrative and classroom/conference said newspaper, and was printed and published addition,and a large gathering room addi- ® once each week for one successive week(s). #05-3131-Steve Bohl of Bohland tion with scope of work to include grading, :velopment, Inc.requests rezoning and re-surfacing and re-orienting of the park- eliminary plat and general concept plan ing lot, and construction of a-stormwater )proval via the Planned Unit pond. It was first published Saturday evelopment process for a residential ibdivision to create 11 lots on 1 block at ®#05-3150-Tim Powers on behalf density of approximately 3 units per acre of Kevin Grell, 1945 Fagerness Point the 3rd day of September 2005, xm property located at 190 Willow Drive Road,LR-1C zoning district,requests a Duth and 177 Glendale Drive, RR-1B rear yard setback variance to replace an wing district. existing deck 1,375 square feet in area and was thereafterprinted and published ® with a deck 532 square feet in area #05-3135 - Allen & Deanna approximately 13.5'.from the rear lot line every Saturday, to and including Saturday, unson, 3165 North Shore Drive, LR - where 30' is normally required and 8.5' 3 zoning district, request a conditional currently exists. se permit to allow fill in excess of 500 cu. ® the 3rd da of ptember 2005; 3rds and an average lakeshore setback #05-3151-Gary&Sandra Baron, sriance to construct a new single family 3619 North Shore Drive,LR-1C zoning esidence at the same setback as the district,request lot area,lot width,and 0- �_ cisting home. 75'and 75'-250'hardcover variances In order construct a new single family resi- ® #05-3136 - Troy R. Broitzman, dence. 860 Shoreline Drive,LR-1A zoning dis- ® Authorized Agent ict, requests a lot width variance and a #05-3152-Bohland Development Dnditional use permit in order to conduct on behalf of James D. Mackinnon et al, and alterations consisting of approxi- "3500"Watertown Road,RR-1B zoning lately 5,000 cubic yards of grading in district,requests preliminary plat approval Suscribed and sworn to me on this rder to construct a new single family res- to create six single family residential lots fence. on one block including construction of a O private roadway requiring minimum lot 3rd day of September 2005. #05-3139 - Hill School of areas of 2.0 acres and minimum lot widths linnesota, Inc, 2180 North Shore Drive, of 200 feet at the right-of-way. tR - 1B zoning district, requests side and and side street setback variances in All persons wishing to be heard are rder construct an addition for office encouraged to attend this meeting.This is By; �i-,�-j pace, and a conditional use permit not a final agenda and is subject to .mendment to expand the school, and change prior to the hearing. Written corn- Notary Public llow a temporary trailer on the property ments are accepted and should be sub- Dr use during construction. rnitted to the City of Orono by September y , SIJSAP!A.FLOHR3 14,2005 if possible. Plans are available ••, O #05-3142 - Christopher • & Emily for review in the City Offices and all inter- g .>z•,.. NOTARY PUBLIC-MINNESOTA I hapman, 3775 Bayside Road, LR- 1A ested persons are encouraged to contact MY COMMISSION EXPIRES 0141.010 :oning district, request a street yard set- the City for further information. For an lack variance to permit construction of a appointment,please call(952)249-4600. shed 28'from Bayside Road where 50'is formally required and the existing home City of Orono s setback 21.8'and a hardcover variance By: Planning Commission Rate Information vhereby the proposed removals of non- structural hardcover for the addition of Michael P.Gaffron,Planning Director: (1) Lowest classified rate paid by commercial users ;tructural hardcover would result in a for comparable space: $15.50 per inch. ;light net decrease in hardcover within 0- Posted at:Orono city Offices (2) Maximum rate allowed by law for above matter: $15.50. 250'of Lake Minnetonka. Crystal Bay Post Office Long Lake Post Office (3) Rate actually charged for above matter:$7.96 per inch. ®#05-3145-ICO Landscape LLC. Navarre Post Office Each additional successive week:$5.79. yn behalf of Robert&Vicky Nelson, 679 Vlinnetonka Highlands Lane, LR - 1B (Published in The Laker and The Pioneer coning district,requests a conditional use newspapers,September 3,2005.) Dermit to allow replacement of retaining ; • Affvit of Publication State of Minnesota,County of Hennepin. Eric Serrano,being duly sworn on oath,says that he is an authorized agent and employee of the publisher of the newspaper known as THE LEGAL NOTICE Idence. mit construction of a storage addition, PIONEER, Mound, Minnesota, and has full CITY OF ORONO administrative and classroom/conference 2750 Kelley Parkway,P.O.Box 66 ® #05-3139 — Hill School of addition,and a large gathering room addi- knowledge of the facts which are stated below: Crystal Bay,MN 55323 Minnesota,Inc,2180 North Shore Drive, tion with scope of work to include grading, Phone(952)249-4600 RR—1B zoning district,requests side re-surfacing and re-orienting of the park- Fax (952)249-4616 yard and side street setback variances In ing lot,and construction of a stormwater A.) The newspaper has complied with all the order construct an addition for office pond. requirements constitutingqualifications as a NOTICE OF PUBLIC HEARINGS song, and a conditional use permit ® re Q amendment to expand the school, end •#05-3150—Tim Powers on behalf qualified newspaper, as provided by Minnesota • The Planning Commission will hold allow a temporary trailer on the property of Kevin Grell, 1945 Fagerness Point public hearings in the Orono Council for use during construction. Road,LR—1C zoning district,requests a Statute 331 A.02, 331 A.07, and other applicable Chambers at 2780 Kelley Parkway on rear yard setback variance to replace an Monday,September 19,2005,beginning ®#05-3142—Christopher&Emily existing deck 1,375 square feet In area laws,as amended. at 6:00 p.m.on the matter of reviewing the Chapman,3775 Bayside Road,LR—1 A with a deck 532 square feet in area following land use applications:— zoning district,request a street yard set- approximately 13.5'from the rear lot line back variance to permit construction of a where 30'is normally required and 6.5' B.)The printed Notice-Land Use Applications ®#05-3095—Minnetonka Portable shed 28'from Bayside Road where 50'is currently exists. Dredging on behalf of Gregg Steinhafel, normally required and the existing home 2265 North Shore Drive, LR-tA zoning is setback 21.8'and a hardcover variance •#05-3151—Gary&Sandra Baron,. which is attached was cut from the columns of district,requests a conditional use permit whereby the proposed removals of non- 3619 North Shore Drive,LR—1C zoning for a permanent dock. structural hardcover for the addition of district,request lot area,lot.width,and 0- said newspaper, and was printed and published structural hardcover would result in a 75'and 75'—250'hardcover variances in ®#05.3121—Cindy Sudheimer and slight net decrease in hardcover within 0- order construct a new single family resi- once each week for one successive weeks). James Anderst on behalf of The Narrows 250'of Lake Minnetonka. dence. Saloon,3382 Shoreline Drive,B—1 zon- ing district,request a conditional use per- ®#05-3145—ICO Landscape LLC. C#05-3152—Bohland Development It was first published Saturday mit to expand the existing restaurant and on behalf of Robert&Vicky Nelson,679 on behalf of James D.Mackinnon et al, to allow outdoor seating in front of the Minnetonka Highlands Lane, LR — 18 "3500"Watertown Road,RR—1B zoning building along Shoreline Drive and in the zoning district,requests a conditional use district,requests preliminary plat approval the 3rd day of September rear of the building in an outdoor patio lay- permit to allow replacement of retaining to create six single family residential lots 2005, out adjacent to the City-owned parking lot., walls existing within.75'of the OHWL of on one block including construction of a Lake Minnetonka. private roadway requiring minimum lot ®#05-3131—Steve Bohi of Bohland areas of 2.0 acres and minimum lot widths and was thereafter printed and published Development,.Inc.requests rezoning and ®#05.3146—Mark&Pamela Palm, of 200 feet at the right-of-way. Saturday,to and includingSaturday, plat and general concept plan 1447 Park Drive,LR—1B zoning district, every y approval via the Planned Unit request a renewal of variances originally All persons wishing to be heard are Development process for a residential granted In 2002 to permit construction of encouraged to attend this meeting.This is • subdivision to create 11 lots on 1 block at a new detached garage to replace an not a final agenda and is subject to the 3rd day of September 2005; a density of approximately 3 units per acre existing detached garage,requiring herd- change prior to the hearing.Written com- from property located at 190 Willow Drive cover and side yard setback variances. ments are accepted and should be sub- South and 177 Glendale Drive, RR-18 miffed to the City of Orono by September zoning district. ®#05-3147—Steve&Janna Sundby, 14,2005 if possible. Plans are available 3587 North Shore Drive,LR—1C zoning for review in the City Offices and all inter- ® #05-3135 — Allen & Deanna district,request a conditional use permit in ested persons are encouraged to contact Authorized Agent Munson,3165 North Shore Drive,LR— order to replace existing timber retaining the City for further information.For an 18 zoning district,request a conditional walls with boulder walls within 75'of Lake appointment,please call(952)249-4600. use permit to allow fill in excess of 500 cu. Minnetonka. yards and an average lakeshore setback City of Orono Suscribed and sworn to me on this variance to construct a new single family ®#05-3148—Robert Carlson,4465 By: Planning Commission residence at the same setback as the Bayside Road,RR—1B zoning district, existing home. requests a variance to allow a Michael P.Gaffron,Planning Director 3rd day of September 2005. 2.5'encroachment into the required 10' ® #05.3136 —Troy R. Broitzman, setback between buildings for a kitchen Posted at:Orono City Offices 1860 Shoreline Drive,LR—1A zoning tits- addition to the existing home. Crystal Bay Post Office trio,requests a lot width variance and a Long Lake Post Office conditional use permit in order to conduct ® #05-3149 — John Thiesse on Navarre Post Office land alterations consisting of approxi- behalf of Trinity Lutheran Church,2060 By' mately 5,000 cubic yards of grading in Sixth Avenue N,RR—1B zoning district, (Published in The Laker and The Pioneer Notary Public order to construct a new single family res- requests a conditional use permit to per- newspapers,September 3,2005.) e 711:i_ SUSAN A.FLORAS , NOTARY PUBLIC-MINNESOTA ':' MY COMMISSION raPIRES0131.2010 Rate Information (1)Lowest classified rate paid by commercial users for comparable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter:$15.50. (3)Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. Affidavit of Stblication LEGAL NOTICE and 106'In width at the 75'setback where. CITY OF ORONO 140'In width Is normally required to allow State of Minnesota, County of Hennepin. 'construction of a new single family home. NOTICE OF PUBLIC HEARING - #05-3142: Christopher & Emily Eric Serrano, beingdulysworn on oath, says that The Planning Commission will hold Chapman,3775 Bayside Road, LR— 1Ay ublic hearings in the Orono Council zoning district, request a street yard set- he is an authorized agent and employee of the :hambers at 2780 Kelley Parkway on back variance to permit construction of a ionday, August 15, 2005, beginning at shed 28'from Bayside Road where 50'Is publisher of the newspaper known as T H E :00 p.m.on the matter of reviewing the normally required and the existing,home >Ilowing land use applications: is setback 21,8'and a hardcover variance L A K E R, Mound, Minnesota, and has full whereby the proposed removals of non- knowledge of the facts which are stated below: • #04-3068: Ian Petersen, 2690 Fox structural hardcover for the addition of treat,RR—1 B zoning district,requests a structural hardcover would result in a it area variance in order to build a new slight net decrease in hardcover within 0- tsidenceon an existing lot 1.255 acres In 250'of Lake Minnetonka. A.) The newspaper has complied with all the ze when 2,0 acres Is normally required. requirements constituting qualifications as a - #05-3143: Daniel Hessburg of -#05-3134:David Park of Durabilt on Hessburg Development Inc.,774Tonkawa qualified newspaper, as provided by Minnesota ehalf of Richard&Patricia Crosby,2705 Road,LR-1 B zoning district,requests lot /alters Port Lane,LR—lBzoningdlstrict, area and lot width variances to permit Statute 331A.02, 331A.07, and other applicable quests hardcover variances for 14.2% construction of a new residence on an laws, as amended. ardcover within the 0-75'zone where existing lot 0.36 acres in area when 1.0 is normally allowed and within the 75' acres is normally required and a width of 250' zone for 61,7%hardcover where 75'at the shoreline and 61.5'at the 75' 5%is normally allowed and 81,7%cur- setback when 140'is normally required B.) The printed Review Land Use Applications 3ntiy exists In order to construct an and a hardcover variance for the 75'-250' ttached 16'x 17'garage. zone to permit 29.8%-hardcover where 25% Is normally allowed and to permit which is attached was cut from the columns of #05-3135:Allen&Deanna Munson, 39.4% hardcover within the 250'-500' 165 North Shore Drive,LR—1B zoning zone where 30%Is normally allowed. said newspaper, and was printed and published strict, request a conditional use permit once each week for one successive week(s). >allow fill in excess of 500 cu.yards and - #05-3144: Berkshire Properties, n average lakeshore setback variance to 2745 Kelley Parkway, B-6 PUD zoning onstruct a new single family residence at- district, requests a one-year extension of :e same setback as the existing flame. the effective period of commercial site It was first published Saturday plan approval originally granted on June -#05-3136:Troy R.Broitzman, 1860 14, 2004 permitting construction of a 2 horeline Drive, LA— 1A zoning district, story office building and associated site the 30th day of July 2005, quests an average lakeshore setback 'improvements. ariance in order to construct a new single :mily residence, -#05-3145:ICO Landscape LLC.on behalf ofRobert-& Vicky Nelson, 679 and was thereafter printed and published #05-3139:Hill School of Minnesota, Minnetonka Highlands Lane, LR — 1B; every Saturday, to and including Saturday, :c, 2180 North Shore Drive, RR- 18 zoning district,requests a conditional use ming district, requests side yard and permit to allow replacement of retaining de street setback variances in order wails existing within 75'of the OHWL of the 30th d Of Jul 2005' )nstruct an addition for office space,and Lake Minnetonka. y , • conditional use permit amendment to Kpand the school,and allow a temporary All persons wishing to be heard are slier on the property for use during con- encouraged to attend this meeting.This is ruction. not a final agenda and is subject to change prior to the hearing. Written corn- - Andrew & Kristen merits are accepted and should be sub Authorized Agent onningen,3030 Casco Point Road,LR— matted to the City of Orono by August 10, g zoning district, request an average 2005 if possible. Plans are available for .keshore setback variance and a street review in the City Offices and all interest- and setback variance to permit a setback ed persons are encouraged to contact the Suscribed and sworn to me on this 20'from Maple Avenue when 30'is nor- City for further information. For an :ally required and 20'currently exists for appointment,please call(952)249-4600. instruction of a new 12/12 pitch roof 30th day of July 2005. here a 4/12 pitch currently exists and to City of Orono corporate living space above the exist- 'By: Planning Commission " f= g attached garage and also a street yard atback'fr p ao permit a setbacks of Michael R Ga B 5'from Maple Avenue when.30'Is nor- Planning Director y. 'ally required and 20'currently exists to low construction of a covered entry over Posted at:Orono City Offices Notary Public le existing stoop, Crystal Bay Post Office Long Lake Post Office #05-3141: Jeffrey & Ethel Navarre Post Office SUSAN A,1:8. ustafson,4203 North Shore Drive,LR— 3 zoning district,request a lot width vari- (Published in The Laker and The Pioneer WARY *TA ice for a lot 79'In width at the shoreline newspapers July 30,2005), x r_+ f .r"0141.2010 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter:$15.50. (3) Rate actually charged for above matter:$7.96 per inch. Each additional successive week:$5.79. 1 S • . mF .m a -2 g N om3 g O a Z 'a• � aiimlemma onmsw ' a-- -. m. a _. f 3.4 m N a2AZem *;� 00 3j° D# ro '`m.-m -.O9 '2wlyCa myDA ,- ,am, O �m_=A3W2' W—a9,➢WNg- po ,. 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For questions please contact Chris Mattson at 952-249-4620. Total $1,161.75 Invoice payable to: City of Orono PO Box 66 Crystal Bay, MN 55323 All invoices are due within 30 days of the invoice date. Invoices not paid by the due date are subject to a finance charge equal to 10% of the invoice total. IH HID U II0 U liii IIJ III II ThankYou ! EJ.el 1 R wie_ Lc,�ki.� it,0.\\ < ,.,..g \ \O,t1 _ 1\l‘4 \1\-35L)se wC1. S WLVQ( 1p ci\ \ t 0,v\cy r vs, 5 V1se v-P( cc't". 4 . T - Q (v- ) v bwr-eV( cz' uA4 ci SAC f-e u ,e ( ?c'Y LAA:c t fee S f a(00VC a t-V1 O u vt_+. Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Tuesday, July 01, 2008 1:45 PM To: Peter Zimmerman Subject: RE: Engineering Fees for application #3135 (3165 North Shore Drive) Yes. I think you billed her and she returned it saying to send it to him. From: Peter Zimmerman Sent: Tuesday, July 01, 2008 1:31 PM To: Evelyn M. Turner Subject: RE: Engineering Fees for application #3135 (3165 North Shore Drive) So basically you're saying this project is closed? —Peter From: Evelyn M. Turner Sent: Tuesday, July 01, 2008 12:51 PM To: Peter Zimmerman Subject: Engineering Fees for application #3135 (3165 North Shore Drive) Pete: The building permit(P10623) for the new house was issued to the owners on 12/29/06 but construction stopped after they put in the pilings to support the foundation. (Reportedly the owners separated and are now divorced.) The owners never requested a refund of any portion of the building permit fee. Since the permit fee was $6,238.75 we were thinking it would cover the $1,161.75 owed for engineering fees. (They also paid a $4,055.19 in plan review fees and $580 state surcharge, so the City's costs to review the building plans are covered.) Evelyn 7/1/2008