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HomeMy WebLinkAbout05-3138 Scanned fileMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 8, 2005 7:00 o'clock p.m. 8. #05-3129 ASCENT INVESTMENTS, INC., ON BEHALF OF DOUGLAS KLINT, 1345 REST POINT LANE -VARIAN CE Peterson moved, Murphy seconded, to table Application #05-3129, Ascent Investments, Inc., on behalf of Douglas Klint, 1345 Rest Point Lane, at the request of the applicant. VOTE: Ayes 5, Nays 0. *9. #05-3130 STEPHEN AND JEAN SKORO, 2428 CASCO POINT ROAD -VARIAN CE - RESOLUTION NO. 5368 White moved, McMillan seconded, to adopt RESOLUTION NO. 5368, a Resolution Granting a hardcover variance for the property located at 2428 Casco Point Road. VOTE: Ayes 5, Nays 0. *10. #05-3133 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE - VARIAN CE -RESOLUTION NO. 5369 White moved, McMillan seconded, to adopt RESOLUTION NO. 5369, a Resolution Granting Variances and a Conditional Use Permit for the property located at 3480 North Shore Drive. VOTE : Ayes 5, Nays 0. *11. #05-3138 DAN LARKIN ON BEHALF OF SANDRA BENSON, 1376 BALDUR PARK ROAD -VARIAN CE -RESOLUTION NO. 5370 White moved, McMillan seconded, to adopt RESOLUTION NO. 5370, a Resolution Granting Variances for the property located at 1376 Baldur Park Road. VOTE: Ayes 5, Nays 0. 12 . HOME OCCUI? A TION LICENSE REVIEW -330 FOREST ARMS LANE Jeff and Tracy Cordes, 830 Forest Arms Lane, were pres ent. Curtis stated in response to an inquiry regarding the home occupation license status of the landscaping and contracting business at 830 Forest Aims Lane , Staff researched the file and detem1ined that no home occupation license has been issued for this property. Curtis stated in cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the zon ing administrator shall make such a determination subject to city council confim1ation ifrequested by the operator of the home occupation. In this instance, it is unclear as to whether or not the property owners are operating a Level 2 home occupation or if the use is prohibited. PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION l\lIEETING Monday, July 18, 2005 6:00 o'clock p.m. 16. #05-3138 DAN LARKIN ON BEHALF OF SANDRA BENSON, 1376 BALD UR PARK ROAD, VARIANCE, 10:20 P.M. -10:35 P.M. Sandra Benson, Applicant, and Dan Larkin and Harry Winger, DBH Larkin Construction, were present. Curtis stated the applicant's property is located almost at the end of the Baldur Park Road. There is a 75' setback requirement from the ordinary high water level on two sides of the property, resulting in a very limited buildable area. The existing home is located almost entirely within the north 75-foot setback of the property, causing the property to be considerably out of confom1ance with zoning regulations. The applicant is proposing to remove her existing detached garage and attach a slightly smaller garage to the home with living space above. The applicant is requesting the following variances: 1. A 0-75 'zone hardcover variance for 32.9 percent hardcover where 0 percent is normally allowed and 32 .6 percent currently exists. 2. A 75'-250' setback hardcover variance for 29.5 percent hardcover where 25 percent is normally allowed and 31.4 percent currently exists. 3. A lake setback variance. 4. A structural coverage variance for 21 percent structural coverage where 15 percent is allowed and 21.5 percent currently exists. Planning Staff recommends approval of the lake setback variance and approval of some level of hardcover and structural coverage variances as the Planning Commission deems appropriate. Dan Larkin stated there will be some further hardcover reductions that are not depicted on the survey, including removal of a brick sidewalk and two retaining walls. · Larkin stated he did speak with one of the adjoining neighbors regarding the impact on his view to the lake, and after showing him the plans, he has indicated that he is not opposed to the project. Larkin stated the boulder wall could also be removed, which is not depicted on the survey. There were no public comments regarding this application. Fritzler stated he would like to see some more consideration given to reducing the hardcover. Fritzler inquired whether the hardcover in the 75'-250' zone could be reduced further. Curtis stated the brick walk would also be removed. Larkin concmred that the brick walk would be removed and the garage door would be offset, which would reduce the driveway somewhat. PAGE31 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18, 2005 6:00 o'clock p.m. (#05-3138 Dan Larkin, Continued) Rahn inquired whether the dormer depicted in the proposal would be living space. Larkin stated that would be living space. Rahn inquired whether there are any setback variances being requested. Curtis stated they are requesting a 10-foot lake setback variance. Winkey stated aside from the retaining walls and the brick walk, there does not appear to be any other hardcover that could be removed. Winkey noted the overall structural coverage is being reduced on this lot with the new proposal. Jurgens inquired whether all of the decks have been approved. Curtis stated the decks have not changed and were reviewed as part of a different application in 2003. Jurgens inquired whether the decks were approved in 2003. Gaffron stated the decks were the subject of a variance application a number of years ago. Bremer moved, Winkey seconded, to recommend approval of Application #05-3138, Dan Larkin of DBH Larkin Construction on behalf of Sandra Benson, 1376 Baldur Park Road, granting of hardcover variances in the 0-75' zone and 75'-250', a lake setback variance, and a structural coverage variance in order to remove an existing detached garage and construct an attached garage to the existing home, with the condition that the brick walk and decorative stones be removed. VOTE: Ayes 6, Nays 1, Jurgens Opposed. Jurgens stated he does not feel there has been a complete submittal of the hardcover on this property. PLANNING COMMISSION COMMENTS 17. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JUNE 27 AND JULY 11, 2005 Jurgens gave a brief update on the June 27 th Council meeting. Jurgens stated the Palm application was approved subject to review of the drainage and grading plan by the city engineer. Jurgens stated Valerius was directed by the Council to eliminate the exterior stairway and construct an interior stairway. Leslie gave a brief update on the July 11 th Council meeting and noted there was some discussion regarding the development of a comprehensive plan for NavaiTe. PAGE32 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Dan Larkin 5140 Greenwood Cir Greenwood, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: August 8, 2005 ZONING FILE 05-3138 NOTICE OF COUNCIL ACTION DATE OF NOTICE: August 16, 2005 COPIES: Sandra Benson 1376 Baldur Park Rd Wayzata, MN 55391 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than August 8, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. Date Application Received: 06-22-05 Date Application Considered as Complete: 07-06-05 60-Day Review Period Expires: 09-06-05 REQUEST FOR COUNCIL ACTION Date: August 1, 2005 Item No. Department Approval: 1 ,/ / Name: Melanie Curtis ~ t" Title: City Planner Item Description: Administrator Approval: #05-3138-Sandra Benson -1376 Baldur Park Rd-Variances -Resolution Agenda Section: Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 12,726 s.f. (0.29 acre) Lot Width: List of Exhibits: Exhibit A - Exhibit B - Exhibit C - Exhibit D - North Shoreline 100' North 75' Setback 56' Resolution per Planning Commission recommendation PC Action Notice dated 07-20-05 Draft PC Minutes of 07-18-05 PC Memo & Exhibits of 07-12-05 Application Summary: The applicant's property is located almost at the end of the Baldur Park Road. There is a 75' setback requirement from the OHWL on 2 sides of the property, resulting in a very limited buildable area. The existing home is located almost entirely within the north 75' of the property causing the property to be considerably out of conformance with zoning regulations. The applicant would like to remove the existing detached garage and attach a slightly smaller garage to the home with living space above. The applicant is requesting a 0-75' zone hardcover variance for 32.9% hardcover where 0% is normally allowed and 32.6% currently exists, and a 75' -250' setback hardcover variance for 29.5% hardcover where 25% is normally allowed and 31.4% currently exists, a lake setback variance, and a structural coverage variance for 21 % structural coverage where 15% is allowed and 21.5% currently exists in order to remove the existing detached garage and construct an attached garage to the existing home. Planning Commission Recommendation On July 18, 2005, Planning Commission voted 6 -1 to recommend approval of the hardcover, structural coverage and lake setback variances. The minority voter indicated he felt the hardcover on the property had not been completely depicted on the survey. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 and 78-1403 FILE NO. 05-3138 WHEREAS, Sandra A. Benson, a single person (hereinafter "the applicant") is the owner of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander comer thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander comer thereof, Baldur Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288(A) to allow 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the O -75' zone and a lake setback variance for structure closer than 75' to the lake; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (B) to allow 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75' - 250' zone;and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 for 21 % structural coverage where 15% is allowed and 21.5% currently exists in order to construct an attached garage to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3138. Page 1 of 5 2. The property is located in the LR-IC, One Family Lakeshore Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and on a vote of 6 -1 recommended approval of variances based on the following findings: a. The applicant's property has 12,726 s.f. or 0.29 acre in area and 100' of width at the north shoreline and 56' of width at the northern 75' setback. b. No additional land is available for acquisition by the applicant to make the property conforming in area or width. c. The applicant is proposing to remove an existing detached garage and construct a slightly smaller attached garage with living space above; no additional living space is proposed within the substandard setbacks. d. Due to the hardcover levels and location of the home any additions or alterations to the house and detached garage require variances. e. There is no available land to purchase to make the property conforming. f. The applicant is proposing to remove portions of nonconforming hardcover in conjunction with setback variance approvals. g. The applicant is proposing to reorient the existing driveway on site to allow for parking on the property rather than on the neighboring property and within the easement. The existing layout of the site, and the existing easement providing driveway access to the neighboring properties, are hardships that support the proposed variances. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and B and Section 78-1403 to allow structure closer to the lake than 75'; 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the O -75' zone; 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75' - 250' zone; and 21% structural coverage where 15% is allowed and 21.5% currently exists in order to construct an attached garage to the existing home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 3,492 s.f. or 32.9%. Hardcover in the 75-250' zone shall be limited to 624 s.f. or 29.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 5 4. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new garage. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 8, 2006). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicants and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8th day of August 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of , 2005 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this by Sandra A. Benson, a single person. Notary Public Page 5 of 5 day of ____ , 2005 / / / / / ,{ I 0 ~, /' / / / X932.4 X932.2 X931.7 X932.1 X!\32.2 X9-11.6 X931.6 X931,9 9321 >~ ---929.4---- 0 --7S' ::: ~z. '1 'I• ,-, a, '-/tli-sf 75 ' -25D' ~ zq. €?Yo,,,.. ~ ~'I sf \ Z.-1 °/1) « 2.,ld~5 s.r sfrv cf-vYJt,f CIJY.;:'rtJt?" '-RETAINING WALL ORDINARY HIGH WATER CON GRAVEL ROAD CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Dan Larkin 5140 Greenwood Circle Greenwood, MN 5 5 3 31 ZONING FILE 05-3138 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20, 2005 COPIES: Sandra Benson 1376 Baldur Park Rd Wayzata, MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: July 18, 2005 Planning Commission recommended as follows: Approval of the variances as requested, with the provision that the applicant remove the additional stone landscape borders for conformance with the approved hardcover levels. VOTE: 6 FOR 1 AGAINST * The dissenting Commissioner felt that the plans were too incomplete for an approval recommendation. Applicant's next scheduled meeting is confirmed as: City Council-August 8, 2005 -Meeting starts at 7:00 pm 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 City Planner, Melanie Curtis at 952.249 .4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18, 2005 6:00 o'clock p.m. Jaffray ated the current garage is 19.3' deep, with a service door in one comer, which makes it difficult to park ave ·c1e in there. Jaffray stated he would like to bump the ga ge out an additional five feet to ctional garage. Rahn inquired wheth the service door would be eliminated if the addition is oved two feet. Jaffray stated he could eli inate the door but design-wise it does not make much se There were no public commen regarding this application. Rahn stated he does not have any is es with the recommendation of St remer inquired how the setback differs om what was original approved. stated the house is slightly off from be· g parall o the road and that could have resulted in t house b · g constructed 23 feet from the road r Bremer mo d, Kempf seconded, tor ommend app val of Application #05-3137, Robert and Victoria Jaffra granting of ont yard setback in orde o construct a garage addition onto the existing home, inclu i a screen porch above the easterly 20' 15.5' of the addition, for the property locate at 540 arrett A venue. Leslie in ired how the City c be assured that this addition will not also e roach more than 22.8' gi n the placement of the house. Jaffray stated he is assuming the new s ey completed by Gronberg is accurate. VOTE: Ayes 7, Nays 0. 16. #05-3138 DAN LARKIN ON BEHALF OF SANDRA BENSON, 1376 BALDUR PARK ROAD, VARIANCE, 10:20 P.M. -10:35 P.M. Sandra Benson, Applicant, and Dan Larkin and Harry Winger, DBH Larkin Construction, were present. Curtis stated the applicant's property is located almost at the end of the Baldur Park Road. There is a 75' setback requirement from the ordinary high water level on two sides of the property, resulting in a very limited buildable area . The existing home is located almost entirely within the north 75-foot setback of PAGE38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18, 2005 6:00 o'clock p.m. the property, causing the property to be considerably out of conformance with zoning regulations. The applicant is proposing to remove her existing detached garage and attach a slightly smaller garage to the home with living space above. The applicant is requesting the following variances: 1. A 0-75 'zone hardcover variance for 32 .9 percent hardcover where 0 percent is normally allowed and 32 .6 percent cun-entl y exists . 2. A 75 '-250' setback hardcover variance for 29.5 percent hardcover where 25 percent is normally allowed and 31.4 percent currently exists. 3 . A lake setback variance . 4 . A structural coverage variance for 21 percent structural coverage where 15 percent is allowed and 21.5 percent currently exists. Planning Staff recommends approval of the lake setback variance and approval of some level of hardcover and structural coverage variances as the Planning Commission deems appropriate. Dan Larkin stated there will be some further hardcover reductions that are not depicted on the survey, including removal of a brick sidewalk and two retaining walls. Larkin stated he did speak with one of the adjoining neighbors regarding the impact on his view to the lake, and after showing him the plans , he has indicated that he is not opposed to the project. Larkin stated the boulder wall could also be removed, which is not depicted on the survey . There were no public comments regarding this application . Fritzler stated he would like to see some more consideration gi ven to reduc ing the hardcov er. Fritzler inquired whether the hardcover in the 75 '-250 ' zone could be reduced further . Curtis stated the brick w alk would also be remo v ed . Larkin con curred th at th e brick walk would be removed and the garage door would be offset, which would reduce the driveway some what. Rahn inquired whether the dormer depicted in the proposal would be living space . PAGE 3 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING j) fe)IJ Monday, July 18, 2005 <!!/ <1J' _______________ 6_:_o_o_o_'c-lo_c_k_p_._m_. ____________ ______:::..,i~c..;-/;::, Larkin stated that would be living space . ~ ? Rahn inquired whether there are any setback variances being requested. Curtis stated they are requesting a 10-foot lake setback variance. Winkey stated aside from the retaining walls and the brick walk, there does not appear to be any other hardcover that could be removed . Winkey noted the overall structural coverage is being reduced on this lot with the new proposal. Jurgens inquired whether all of the decks have been approved. Curtis stated the decks have not changed and were reviewed as part of a different application in 2003. Jurgens inquired whether the decks were approved in 2003. Gaffron stated the decks were the subject of a variance application a number of years ago . Bremer moved, Winkey seconded, to recommend approval of Application #05-3138, Dan Larkin of DBH Larkin Construction on behalf of Sandra Benson, 1376 Baldur Park Road, granting of hardcover variances in the 0-75' zone and 75'-250', a lake setback variance, and a structural coverage variance in order to remove an existing detached garage and construct an attached garage to the existing home, with the condition that the brick walk and decorative stones be removed. VOTE: Ayes 6, Nays 1, Jurgens Opposed. Jurgens stated he does not feel there has been a complete submittal of the hardcover on this property. PLANNING COMMF COMMENTS 17. C REPORT F PLANNIN COM SSION REPRESENTAT CIL M TINGS JUNE 27 A JULY 11 , 2005 Jurgens g e a brief update on the ne 2i" Co cil meeting. e drainage and gradi DING was e exte · or stairway and construct an interior stairway . PAGE 40 FILE #05-3138 12 July 2005 Page 1 of 4 Date Application Received: 06-22-05 Date Application Considered as Complete: 07-06-05 60-Day Review Period Expires: 09-06-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner MU July 12, 2005 Subject: 05-3138, Dan Larkin of DBH Larkin Construction on behalf of Sandra Benson, 1376 Baldur Park Road • Variances: Structural Coverage, Lake Setback and Hardcover 0-75' & 75'-250' zones • Public Hearing Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 12,726 s.f. (0.29 acre) Lot Width: North Shoreline 100' North 75' Setback 56' Application Summary: The applicant is requesting a 0-75' zone hardcover variance for 32.9% hardcover where 0% is normally allowed and 32.6% currently exists, and a 75'- 250' setback hardcover variance for 29.5% hardcover where 25% is normally allowed and 31 .4% currently exists, a lake setback variance, and a structural coverage variance for 21 % structural coverage where 15% is allowed and 21.5% currently exists in order to remove an existing detached garage and construct an attached garage to the existing home. Staff Recommendation: Planning Department Staff recommends approval of the lake setback variance, and approval of some level of hardcover and structural coverage variances as the Planning Commission deems appropriate. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-IC district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acre) Lot Width (feet) Front Yard Side Yard (feet) Rear Yard (feet) Side Yard Adjacent (feet) to Street (feet) 0.5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 1 FILE #05-3138 12 July 2005 Page 2 of 4 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1. 99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo Background G. Response Letters from Neighboring Property Owners H. Excerpts from Past Variance Applications I. Photos Submitted by Applicant J. Property Owners List K. Plat Map The applicant's property is located almost at the end of the Baldur Park Road. There is a 75' setback requirement from the OHWL on 2 sides of the property, resulting in a very limited buildable area. The existing home is located almost entirely within the north 75' of the property causing the property to be considerably out of conformance with zoning regulations. The applicant would like to remove her existing detached garage and attach a slightly smaller garage to the home with living space above; variances to structural coverage, lake setback, and hardcover within the 0-75' and 75'-250' setback zones are required to do so. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 12,726 s.f. (0.29 acre) 100' Setbacks: · LR-lC Required Existin2: Proposed Rear 30' 74' 87' South Side 10' 6.6' house 1 0' new garage 8.6' garage North Side 10' 12' garage 10' new garage Lakeshore 75' 25.1' house No change 17.2' deck Average Lakeshore Existing encroachment of 48.7' will not change. 2 Structural Coverage: Total Lot Area 12,726 s.f. (0.29 acre) Total Structural Coverage Allowed: 1,908.9 s.f. (15%) Existing: 2,741 s.f. (21.5%) Proposed: 2,685 s.f. (21 % ) FILE #05-3138 12 July 2005 Page 3 of 4 Allowed Per 2003 Variance: 2,741 s.f. (21.5%) Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Total Zone Zone Hardcover Hardcover Hardcover Hardcover** 0 s.f 3,463 s.f. * 3,492 s.f. Existing · 0-75 10,614 s.f. (0%) (32.6%) (32.9%) 4,127 s.f. (195%) 75-250 528 s.f. 664 s.f.* 624 s.f. Proposed 2,112s.f. (25%) (31.4%) (29.5%) 4,116 s.f. (194.8%) * After exclusion of fabric or plastic-lined landscape beds ** After addition of non-conforming 0-75' zone hardcover to the 75'-250' zone. Hardcover & Structural Coverage Variance The applicant's lot is located near the north end of Baldur Park peninsula. Because of this, 83 % of the lot area is within 75' of the OHWL. The applicant's home is located entirely within the 75' setback causing the property to be extremely nonconforming with respect to hardcover. Additionally, the structural coverage on the lot exceeds the 15% limit. Currently there is 21.5% structural coverage and the applicant is proposing a slight reduction with the reduced size proposal for a structural coverage level of 21 %. The current structural cover level is a result of past variance approvals. The survey of the easement area submitted by the neighbor shows some boulder landscape borders which may slightly increase the westerly 0-75' hardcover calculations, at this time staff does not have an accurate calculation. Lake Setback Variance The buildable area outside the 75' setback is 2,112 s.f. in a triangular shape, and the entire home is located within the required 75' lake setback zone. Any improvement to this home requires a variance. Although the applicant is proposing the move more structure into the lake setback area, it does provide the applicant with the ability to park vehicles on the driveway on the property rather than on the neighboring property. Average Lakeshore Setback Variance The property is located on a peninsula. The average lakeshore setback is defined by the existing setback of the house to the immediate east of the property. The existing house and deck encroach approximately 49' past the defined easterly average setback line. However, the new garage will not encroach further into that neighbor's easterly lake views, but may encroach or reduce their westerly views due to its added height. 3 Hardship Statement FILE #05-3138 12 July 2005 Page 4 of 4 Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional 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. Planning Staff feels that this property has unique circumstances with regard to the 0-75' zones and the Planning Commission should determine what level of variances if any, is appropriate. Staff does not find a hardship in order to encroach into the 75' setback further than absolutely necessary in order to attach the garage, and feels that in conjunction with any hardcover variances removal of some amount of the nonconforming hardcover existing within 75' of the lake may be appropriate. Issues for Consideration 1. Potential negative impacts on neighbor's western view of the lake due to the higher garage. Are these views protected? 2. Potential increases in bulk and massing on the site due to the added building volume. 3. Creation of slightly more efficient parking situation is good, but site still is very small and has minimal flexibility (most of non-garage parking area is off the property). 4. Potential issues raised by neighboring owners re: easements, landscaping, etc. 5. Other undefined issues? Staff Recommendation In recognizing the severe limitations of this property, Planning Department Staff recommends approval of the lake, and average lakeshore setback variances, and approval of some level of hardcover and structural coverage variances as the Planning Commission deems appropriate. 4 City of Orono effflV7tT A- Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # 05-3 13 f Date Received : (0;£18 -OS-- Amount Paid : (efJQ, o D Staff : fvC.tJOs...n,i :L Fee: _$~6:....:0....::.0 ______ _ Renewal : $300 --'------:-------A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Ap~:icant 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: d Site Address: t:o]{Q 6d..idu r Po..r k:. £ Property Identification Number (PIN): (Attach legal description to application if not included on the survey .) Date Property Acquired (month/year): 3/JtJo2. □ Yes, I own the adjacent parcels . Present use of property: □ Residential □ Other _________________ _ Zoning District: APPLICANT INFORMATION: (Complete legal na:-:-:es and marital status required for each interested party) Name : PA=n k c t::c ~ 12 61:J L?tt· e, V\ UhJ,6± G 3~ L Phone (home): 6 /2--5'81-35..).7 Phone (work): _____.5a""""""',..=c...Jtt ..... 1....,e=--,~------ Address: QI H-0 Ci:v,eeV1 wood uil"cle (rJl.e.e0 u./de;& µ) V) • S-5?3 / Email: D&0i.f.j Lay-k:.,1-V' q; AA 5 V , /'t:J n--i Fax: '2,s:2..-~t:J/-jf79~ OWNER INFORMATION: (Complete legal names a:;d marital status required for each interested party) Name: ~ t1dV"~ 5-en':So D Phone (home): C(S~-~3S-/'-IC/ z Phone (work): Address: J3 ]fR ·6aldL)r P,(; o,.,J. O/'IJP10 Email: ___________________ Fax: ____________ _ DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional.sheets if necessary): 1, Ii -~ f.:r-. ~\1 \:i:'..., -r, r ,· 02,f; ; f •• ~ f" • • .. l I REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . □ □ □ □ □ □ □ □ □ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form ~ Certified Property Owners List -owner~ wittiin 150' of jj:1e ~ubject property, labels and pl~t map. List, labels and map may be obtained trc5i'n1,ennepm County a men ~~an , Government Center, A-603 300 South 6th Street, Minneapolis, telep one 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), me · all lhe r · ents 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 p!!:erit. Applicant's Signature: . Iµ~ Date: k /z.u/os- 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: Owner's Signature: -----'-)~--------,-,.....~=-------Date: ----c= Date: 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 .i, ~. ~ .::i, :,:. i(. ':!'.1 '.i!\ DESCRIPTION OF REQUEST. Home owner is asking to be able to remove the existing garage, and construct a new garage attached to the house. The new garage will have an addition built over that would be a master bedroom , and storage. HARDSHIP DOCUMENTATION FORM. 1.) Because of the harsh Minnesota winters, and overall use of the garage, attaching the garage will greatly improve the use, along with improving existing house design. Currently the roof is a hip roof design, and does not match the existing house . We will be matching the roof of the house when building the new garage. 2.) Because the property has water on both sides, there is difficulty meeting some ordinances because of set back requirements. 3.) If the variance is granted, we feel that the character of the locality would be improved. Both with design and the ability to be able to park on the property. 4.) None 5.) None 6.) None 7.) None 8.) As noted above this property is unique in that it has water on both sides, thus making it more difficult to comply with ordinances. 9.) To my knowledge, there are not any other properties in the area that have the same conditions. 10.) To be able to have a attached garage in Minnesota is a must in being able to enjoy the property. Also due to the lack of storage in the house, the addition would create much needed space. 11.) The attaching of the garage will benefit the parking issue, and will make the area safer. It will not impair the health, safety, comfort, or morals. 12.) We feel that the changes made will do nothing but improve the property, and make it safer. HARDSHIP STATEMENT. The home owner has owned the property for three years, and has done considerable improvements to the interior of the existing structure. She currently has a primary residence in Edina that she will be selling this fall, and will be making this her permanent residence. Because of the unusual conditions associated with the lot, along with the existing structures the way they are now, by granting this variance the overall condition of the property will be improved. In doing the hardcover calculation, the results show an improvement in the 75 -250 zone, and only .3% increase in the 0 • 75 zone. Action to remove some existing retaining walls on the east side of the garage, along with a reduction of approximately 10 feet of an existing side walk, and we will off set the garage door so that we can minimize the hardcover there. By doing these changes the hardcover will reduced to or lowered in comparison to the new hardcover calculation presented by Advanced Survey. We feel that by not increasing the square footage of the new structures we are not creating a change that could be noticed, or objected by the neighbors. We have submitted the acknowledgement forms to the city, and both neighbors were in approval of the changes. We would be grateful in hearing any suggestions from the city in that would improve the chances for approval. Thank you. Dan Larkin DBA Larkin construction. Sandra Benson / / ,{ ('1 1'.J ~- / /' / X931.7 X931.6 X932.2 X9::i2.! X!l32.2 X931.9 X 932Ji I I X911,6 / ,,4,, I <rJO;, / .-i '00;, X931,9 / \ ---929.4---- ' \ \ '-Rl::TAIN!NG WALL ORDINARY HIGH WA TE.'l CON GRAVEL ,qQAD t.:e.J l : ,j H .'.\·'.; I· I r;:,~ -...... / ,' ,,· ,, ,-, , ' --' - ,,- ,- # /(-"'i~ ~ ~v U ~t, .. ~ ' ,,' _, ,' H...:\...-qncov .1:.R C\I.CTH.A TION \YOR..¾:sHEZT E7'/11P.,rr e SETBACK ZONE: (CIRCL:c. ONE) @ i5-:z5Qr ..... .:00' S'iJ0-1000' EX.1~ i L'iG F.ARDCOV"ER Pf ZOf't"'E A. Hcu.se X = /51/0 S .. F .. L=g--... J.: W;c:it X = s ..... ;:-_ .... = s_= ... A ~ = ,-;;- "' -....... B. Garage X = ,.:: ~ ..... C. Driveway ~::£L---(.., ~ g,;:+. X = _, S-l z.. S.F~ (.,a,c-.;1,:Z-X = (c, C/7 S.F. D. SidewaL¾. C..o"'-c.... X = 2..2 S.F. 'fsr· ,'~\::.___ X = 2,3 S.F. E. PatiotDeclc X = 57S-S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other {2--&-w0\\ X = 3+ S.F. TOTAL HARDCOVER IN ZONE 3 \..ffo3 S.F. A TOTAL PROPERTY AREA IN ZONE I 0'2f~ S.F. B A ..,_ B X 100 = :3·2..,1.Q % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Lcng!h Width X = S.F. X S.f'.~ X = . S.F. 110 ~ ,· B. Garage X = .. ·S.F. C. Driveway X = -..e ,;:2 S.F. X = -,o, S.F. Sidewalk = -I. S.F. D. X \P X = S.F. E. Patio/Deck X == ~ S.F. X = S.F. "C' T -::,""<:.~~ -----:-J X S.F. Underlain X. = _,.. .;:, . .c. By Plastic X S.F. /z-ef f/JCt{( -lu S.F. G. Other X = TOTAL F..A..~COVS. IN ZON.t. 3y92-: S.F. A TOTAL PROPE.'tTY AREA IN ZONE l0fo\ 'f-S.F. B A + B X 100 = 3 :2. ,9 % 11 SETBACK ZONE: (CIRCLE ONE) 0--75" EXISTT~G F.ARDCO"ll"ER Ff ZO:'i-S A.. House ______ x B. Garage C. Driveway D. Sidewal.'tc E. PatioiDeclc F. Landscape Underlain By Plastic G. Other V .... X X X X X X X = = = = = = = = = = = = A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B _____ X 100 = PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk X X X X X X X X X Width E. Patio/Deck X X -'!------ Underlain By Plastic G. Other X X X X TOTAL F..A..WCOVER IN ZONE TOTAL PROPE..~TY AREA IN ZONE == == = = = = = A + B _____ X 100 = 11 SiJ0-1000' ______ S.F. ______ S.F. ______ s_:. ______ S.F. ______ S.F. ______ S.F. ---z-Z, -----~_,,'----~~-______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ s.F. ______ S.F. 15" ______ S.F. io (p'-j- ------S.F. A Z-1 I z_ S.F. B 3l ,.4 % ______ S.F. ______ S.F. ______ S.F~ -....,,..,:::-,,---'-S.f-. b2-CL7 -- '-+~·-i.J,_1_l>?b_·_~~~---S.F. -----''-;:;,.·~ .... ·J.__ __ S.F. _ __;;".2-__;;\_t")....___ S.F. 77.. -----.a.-'--S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F .. ______ S.F. _-_-__ ].__ __ S.F. (v-z_<f 'S.F. A -Z.. I l 2-S.F. B zct,5"" % : _u Exhibit F 1376 Baldur Park Rd N JUL.-13'05(WED) 09:42 L!Nn~TROM July 13, 2005 Mr. Michael P. Gaffron, Planning Director City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Dear Mr. Gaffron, TEL:7635A48766 This lener is in reference to Case #05-3138 regarding the proposed changts to 13 76 Baldur Park Road in Orono and the residence of Sandra Benson. My wife and l are neighbors to this property and would like to inform )'OU that we would like to see a copy of the proposed plans for this request prior to making our approval or dis.approval. Based on our initial observation, we would like to make sure that our views of the lake would not be disrupted in any way by this addition. Thank you for your attention. s~~u . ~J~~ 1384 Baldur Park Road Orono, MN 55391 61Z ... S'90;$J8~ P. 002 RIDER BENNETT Attorneys at Law A Limited Liability Partner~· 33 South Sixth Street Suite 4900 Minneapolis, MN 55402 July 13, 2005 BY FAX {952) 249-4616 {LETTER ONLY) Original by Hand Delivery {with Survey and Photos) City of Orono Attn: Melanie Curtis Planning and Zoning 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Sandra Benson 1376 BALDER PARK ROAD, Orono easement dispute with Fred Puzak (1340 Baldur Park Road) Our File No. 19864/E31458 Dear Ms. Curtis: Telephone• 612 • 340 • 8900 Fax ·612 •340 · 7900 www.riderlaw.com Jennifer W. Denys Also Admitted in Wisconsin (612) 340-8958 jdenys@riderlaw.com This firm has been hired to represent Fred Puzak in connection with an access easement dispute he has with his neighbor Sandra Benson. Ms. Benson disputes the existence and location of the access easement that serves Mr. Puzak's property. Mr. Puzak asserts that Ms. Benson has repeatedly blocked his access by parking cars in the easement area and has installed encroachments on the easement area (like boulders and other landscaping) that prevent him from using the access easement. We have been hired to litigate this matter. Although I have been in contact with Ms. Benson's attorney regarding this dispute, I just discovered through my client today that Ms. Benson has applied for another variance that will affect Mr. Puzak's access easement and the deadline for filing objections expires today. I attach a copy of Resolution No. 4948 and draw your attention to Items 4.C. (no "change of existing hardcover") and Condition 4 ("violation of on non-compliance with any of the terms and conditions of this variance shall violate of the zoning code, shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor."). My understanding of the 2003 Resolution is that Ms. Benson was not permitted to install additional hardcover boulders in connection with her 2003 renovations and the fact that she apparently did so, puts her in violation of the zoning code. See the survey you have on file from the 2003 variance application. 1282290-1 RIDER BENNETT, LLP City of Orono July 13, 2005 Page2 I attach a copy of the November 24, 2004 Survey we obtained showing Ms. Benson has installed "hardcover" or boulders and other landscaping within Mr. Puzak's access easement area. We believe Ms. Benson did this in violation of the 2003 Resolution. I attach photographs taken by our surveyor in late 2004 (when he performed the November 24, 2004 survey)-the 1998 date shown on them is incorrect. I witnessed the surveyor taking these photographs. The surveyor marked the boundary of Mr. Puzak's easement with orange cones, and as you can see, Ms. Benson has installed a stone rooster, various landscaping and boulders, a mailbox, and a metal lattice U-shaped structure in the area of the easement adversely affecting Mr. Puzak's use for access. We hereby notify you that we believe Ms. Benson is currently in violation of the zoning code. We object to the variance currently being applied for by Ms. Benson and request a copy of the Survey she supplied to you showing property boundary lines and the access easement's location. We request that the City look at the Survey Ms. Benson provided you and determine whether she has depicted the easement area at all on that survey, or if she did disclose the easement, determine whether the easement area depicted differs from our November 24, 2004 Survey. I wonder if Ms. Benson even disclosed the existence of Mr. Puzak's easement to the City. Ms. Benson may have depicted the area of the driveway currently "in use" on her survey, but that does not show the ACTUAL boundaries of the access easement. Obviously, since Ms. Benson has applied for a variance to enlarge the size of her garage and her home, the location of the easement is of utmost importance and should be carefully considered by the City before a variance can be granted. We respectfully request that any variance consideration be postponed by the City until the easement dispute can be resolved by a court of law, as the location of the easement is in dispute. Please call me if you have any questions or require any additional information. Very truly yours, RIDER BENNETT, LLP vv ~A---By ___ /1 ___ ~_4-______ ~---++----=it iJkier W. Denys JWD Enclosures cc: Fred Puzak (via mail w/ copies of photos) 1282290-1 RIDER BENNETT C:.dqe of Gr()',le I <::i 'v C) I § C)' ~ <o k-' I ✓ ,_ ,;;' J(J I ?J ff § Ii I I I I I C) I I•~~-I t ,:;.$ {jS (j ~ ~ Q '---J I I I I I r:-\ I I I I I,) 0'. I I / I I I I I I I I I I I I I \ nerebY certi\y tnot th me or under rnY direcl Lend surveyor under t\ 'II. eRO'lll'l LAND S\JRl/1 ( X931.7 xrn.s X932.+ X932.2 x,:i2.1 X!t32.2. Xt.ll.S \ \ ----929.4--...., - \ '-RETAINING WALL ORDINAR¥.IJ!lr©IH• WA1ER CONT GRAVEL iROl'll!l CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. --4---'£1~.--4-· -3-- A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(l); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (C)(6) FILE NO. 03-2875 \VHEREAS, Sandra Ann Benson (hereinafter "the applicant")is the O\.vner of the property located at 1376 Baldur Park Road, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander corner thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander corner thereof, Baldur Park, Hennepin County, Minnesota, (hereinafter "the property"); and \VHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(l); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16 (C)(6) to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story, in the LR-IC zoning district; and \VHEREAS, after due published notice and mailed notice in accordance with i\finnesota Statutes and the City of Ororio Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 1 7, 2003, at \.vhich time all persons desiring to be heard concerning this application \.Vere given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviev;ed as Zoning File #03-2875. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 $ 2. The property is located in the LR-IC Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.27 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to O. 4. The Planning Commission made the following findings of fact: A. The original structure has been located within this footprint since 1959; B. The property is unique in that it has lakeshore on the front and rear and almost all of the lot falls within the required 75' structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, change the existing setbacks or change the existing hardcover; and D. Additional vegetative screening along the lake side of the residence will help to mitigate the visual impacts of the added height of the structure adjacent to the lake. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances \Vill not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is n-~cessary to preserve a substantial property right of the applicant; and would be in keeping \vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and \velfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances from 1vfunicipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(l); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16 (C)(6) Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4't ~. to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story. Approval is subject to the following conditions: 1. Council approval is based on the site plan and building construction plans submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is vievved from the lake: 1. Two hardvv'Ood trees of the applicant's choice, located between the shoreline and the deck, at approximately the eastern comer of the existing deck and 20' from the property line on the northwest comer of property; and 2. Replace the existing hedge, located in front of the deck stairway, with a more substantial hedge. b) If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council will be required. 3 . Authorities granted by this variance-run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 24, 2004). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 494$ NO. ______ _ Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: STATE OF MINNESOTA COUNTY OF HEN"NEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A.' Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - ~i~ e•neliti I T II! I iiiS@<if..~~~{ \ KRJSTI B. ANDERSOM l8 !, NCii','1,R'{?ueiJC•MINN!:~UT,i {O:: ~ . ;. • • l " r.flT. }°'~ 1,, · ~... '/.i,y O!;."lffil$S;1'.}l'j !:xp:res van . .;, j, ,:,.vi ,,. &~~=~~~!"a:::.&.?'··~;·.· :_-.• ~~3 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public t~--ck:/"_The foreg~ip_g i~nqiment was ~ckno\.vledged befo_re me on this _?5 day of~1arch, 20~3 by ·brrchr-S-:--Veei cft)i Clerk of the City of Orono, a Minnesota municipal corporat10n and said instrument was executed on behalf of the City. , : ;' ,,,,.,.-{), /~/ .. _/ I/ , ,.., . \,_ / !7 :,·'. t / Y/ ,.,,/ / .• ,-.c_/.,;_.-/,_ , -,~I -------:"_,,,.,...--._,.,. /" .,..,\,,.-:1---Z--., •.. ,. \_..<,.? L-- Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4943 NO. _______ _ ' ---,-y--G On this Lndday oft_:'.t_,-p'---r"-_·~ __ ,2003, _S_;·,;__-3i_~_-------c_.-_{_r_c-_~_J.::-.._'~-t1_,_·1 __ ?_~~-; c_-··. _v_,s_c_-.i_· 1_1 ;:r~~n-;lly- appeared before me, __ who is personally knO\vn to me . . ✓ whose identity I proved on the basis of __ , r_·,_N __ D __ 1--_-__________ _ whose identity I proved on the oath/affirmation of ____________ -"' a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ,,., ~2-??&&2?\&;:?e2;?;-k~?,-O:,"& ~,z::,-(1'~('\ RACHELDO~~~ ~ i~~ f" .. >-.-~ :.) NOTARY PUBLIC· Mh,,'L c O;: • IJ ' \. · :: My commission Expires Jan. JI. t.vO-J I ~~:,,,--;~ :·, .' .. , . .• ' ;. :t STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this_ day of ____ , 2003, ______________ personally appeared before me, __ who is personally knovvn to me vvhose identity I proved on the basis of _________________ _ __ whose identity I proved on the oath/affirmation of ____________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 5 ANALYSIS WORKSHEET LR-lC Lot Requirements: Dimensions Required Existing Proposed Lot Area 21,780 s.f. 11,992 s.f. 11,992 s.f. (0.5 acres) (0.27 acres) (0.27 acres) No Change Lot Width 100' 50' 50' No Change Side Setback East 10' 6.6' 6.6' (5.8' with (5.6' with overhangs) overhangs) Hardcover Calculations: Distance from Total area Allowed Existing Proposed shoreline in setback hardcover Hardcover Hardcover 0-75' 9,928 s.f. 0 s.f. (0%) 2,244 s.f. 2,244 s.f. (22.6%) (22.6%) No Change 75'-250' 2,064 s.f. 516 s.f. (25%) 729 s.f. 729 s.f. (35.3 %) (35.3 %) No Change Setback from OHWL: Required structure setback Existing Setback Proposed Setback from OHWL of GD Lake 75' A L k h S tb k verage a es ore e ac Existing Encroachment 48.7' #03-2875 Sandra Ann Benson 3/13/2003 Page 5 of5 17.2' (deck) 17.2' (deck) 25 .1' (house) 25.1' (house) No Change : Proposed Encroachment 48.7' No Change A _SE!BACK ZONE: (CIRCLE ONE) /5 i.75-250 250-500 500-1000 EXISTING HARDCOVER IN ZONE House X = 1540 S.F. ---------------,----,-----,-,-----,,,....,....,-----------------------; Length 'Width :x = 0 S.F 1 -0.S.F -------,------; X ' Garage = 0 · S.F "------------------~-------------------------' X : Driveway ix X = = 0 691, S.F 0:S.F S-id~e_w_a~lk ______________ _,__~----=------82'S~.F,__-+-------------, X ----------------,----+-----=-----. -0-S.F X Patio/Deck = 575 S.F X ----------------------+----------'----------------; X = 0 S.F -------------~---------------Landscape ,x = _:Q~derlain by Plastic or Fabric ix = ;x = !x = Other = i ---~ TOTAL HARDCOVER IN ZONE I ·- I , TOTAL PROPERTY AREA IN ZONE / I -I I : I 29351 10619'= I Al ' Bl PROPOSED HARDCOVER IN ZONE i i House X = Length ! ;Width ix = I ' :x = i Garage ! IX = ! i ! : Driveway :x = Ix = Sidewalk :x ':- I Ix = . Patio/Deck ix ' = X ,= _La~9scape X = Underlain by : ;x I l: Plastic i Ix ! = I ,X I = · Other 'x i = I i I I : : 0 S.F o· S.F 0 S.F 0 S.F 47·s F 2935 S.F (A) ·2 )J.fLf 10619 S.F (B) ti C) 9-J? 0 X100= 27.6 % ~{,.; TOTAL PERCENTAGE 1540 S.F. 0 S.F 0·S.F 0iS.F i 0' 691 S.F · P.£mciv1£l) I ~~!l!f.,~ 0 S.F 82 S.F i 0 S.F i 575. S.F . 0 S.F 0,S.F 0'S.F 0 :S.F i 0 S.F 47 S.F I t6iA_--L~H_-A_R_o_-c_·-5_v_E_R_1_N_z_o_N_E_·_·-·_---_--_---_----_----_··· __ --,--_ _,__ ____ = ____ 2_9_3_5 _s_._F~(A~)-:-_2" 1 2::}_4_----_ ___,· i I TOTAL PROPERTY AREA IN ZONE ! : 2935: fl I 7 1· 1· o,;· ,,., -:c'? .>-I {_, ,' L, .. I I I = 106191= Bl 10619 S.F (B) I • 0 X100= 27.6: % ")-'d-✓1 ,//., TOTAL I PERCENTAGE SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE House /5 Length 75-25g ·X Width X X 250-500 '500-1000 = 0 S.F. = 0 S.F = 0 S.F X = 9~i~=ge ___________ ,---________________ 62_6,--S_.F __ .,.__ _______ ~ 0 X = Driveway 45 S.F X = 0 S.F Sidewalk ,x = 24 S.F :x = 0 .S.F X = Patio/Deck O: S.F X = --------------------------0=--=s""'.F=---.,.-------- Landscape X _l)_nderlain by Plastic or Fabric ·x X X X Other -TOT_A_L_H_A_R_D_C_O_V_ER-IN_Z_O_N_E----+------- -TOTAL PROPERTY AREA IN ZONE 7741 Al 2109 s: = 0 S.F = 0 S.F = 0 -S.F = 0 S.F = 79 .S.F , = 774 · S.F (A) I = 2109 S.F (B) = 0 X100= 36.7 % TOTAL I PERCENTAGE PROPOSED HARDCOVER IN ZONE 1 ! -House -------+-----------_------o~--,,-S~.F~.------;-----, X · Length I :x ix · Garage ,x I Driveway ! 'X 1X Sidewalk !X :X · Patio/Deck ,x .X Width = I = = = 0 S.F o.s.F 626 i S.F 01 45;S.F 0 .S.F 24:s.F 0 ,S.F 0 :S.F O,S.F !x Lan_dscape = 0 i S.F ix Underlain by = 0 ! S.F .PiiiStic = O; S.F X I i . I --------------!-------------'-------:,-+-=-=---+-----,--------, 0 S.F X = Other X = 79 S.F i TOTAL HARDCOVER IN ZONE ,;,-----------·774 S.F (A) ! TOTAL PROPERTY AREA IN ZONE = 2109 S.F (B) i 774 2109 = O'X100= 36.7 1 % -35,.1"7,, ------------------P~/-~---=s~.-------,T=o~T=A~L----~iP~E=R~c=--=-ENTAGE 2J!f/D3 t--ns l.l) ~ 030069 8/117/23 BENSON, SANDY ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy, No. 101 Minnetonkn. MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 SURVEYFOR: SANDY BENSON SURVEYED: February. 2003 DRAFfED: Fehrunry 11, 2003 ~ February 18. ·2003 lo show hardco,·cr and adjrn•I bound~ LEGAL DESCRIPTION: Lot 20 and !hat r,r1rt or Lot 21 lying northeasterly of:t line running from a point in the northwesterly line thereof dist:uu 23 feet southwesterly from the mos11wrthcrly meander comer lhcn:oflo a point in lhc southcaslcrl) line or said Loi dist:ml 66.5 feet southw~tcrly from the tnClst caslcr1y meander comer thereof. Baldor Park, Hennepin Counly, Minnesota. LIMITATIONS & NOTES: 1. Showing !he length and direction of boundary Jines of the above legal dcscriplio!1, The scope of our t:"" ices docs !!2! include dclcnnining. what you own, which is a legal m11t1cr. Plca~c check the legal ·iption with) our records or consul! with competent kgnl counsc1, if necessary. to make.sure that it is ct. and that illl) mat1crs ofrcco11.J. such as casc-mcnt~. 1hal you wh;h shown on the survey. hil,·c been =· . 2. Showing lhc location or existing impro"cmcnts we deemed important }. Selling new monuments or ,·crifying old monumcnls to mark the comers of the property. -t Showing elcYations on the site at selected locations to giYc some indication of the topography oflhe site. The elevations shown rclalc only to the bcnchmill"k prodded on this i.un·cy. Use that benchmark and check al least one other feature shown on the map when dclcnnining other elevations for use on this site. 5. The plat of Baldur Park is old and vRguc, the iron monuments we have found and show on this sUrvey are not in complclc agreement, and while we hnc shmrn and monumented the boundary of this propcny as best we can from this incomplcle and connieting infomuuion, we can't be sure thal a judge would agree with our reasoning if the sun·ey were challenged. Jfthis uncertainty is something that you would like to remoye, il is possible to go to court and ha,·e a judge rule on the mailer, but like all legal procc'Cdings, lime and money would be itwolvcd. STANDARD SYMBOLS & CONVENTIONS: ..... Denolcs 1/2" ID pipe wilh plastic plug bearing St:ttc License Number 9235. set. unless otherwise nolcd. / / CERTIFICATION: / I hereby certify lhat lhis surYcy was prepared by me or under my direct supcrYision and 1haf lam a P fessional :g~ •n~rrvcyor under the Laws of the State of Minnesota. Join · H. Parler l'.E. & P.S. No. 9235 I GRAPffiC SCALE b.-J!\ ~ ~ r ( JJ( P'!ZT ) \ \ \ ~o' I I CDUWl.M'C.._ / 1-..arin. ', I ....... , I I I I.~ /,<-:,°-' {--}' <-:,°-' .------ " k ',/ ,-_ +" ,o • / -,~ / 7!.---r- I I I 1 /~ +, ~ \ \ ---Dl"a.4---- .X : ~pscl<flN~ 'l,t ·~. ... ~ J l' 'J;·~ J:,;;i{ q)_ . :·; ... ·.~.:,,, '<) )/ i/;i' ~. :/ ' ;;~ ~.,!{" 0.~,an,;...;,....,. ~{ ~.IA'~~\!~ ~. ,·,, OROtHARY HIG4 WATER CONTOUR GRAVEl. ROAD ·, "%r~ ,•\ V,, \'· '-l" DWG i\'O. 030069 ~ -C'\ < \- ~ :t ~ NBIIP>lDG!!~l!LY 14" -moN l!l<l6TW / ~ / / / / ....._ ....._ ....._ ....._ ....._ I "1 ::, I I r 1 I ! : : I I I It I a "r I' • ii I I 1 -, --, ~~w~:.11~~~w!!i['( 1Jk. .ii,,, I II II DD l!l<1ertl) c,ea,: ro "2tlAN FROFO5ED LAKESIDE ELEVATION FOR 137G BALDUR FARK ROAD 1/8" = l'-0" I \· ./: i") ·::·; . ..:..\_.~ ;· 1, t · .. ~,: ·:':'fi .. ,\, B ·,:.} "-~:\ \,\ ,~/ \1!{.1 G.:-.-:.-.-~ \ ,:,:.~,,:\ ... :·~t\'jj t~ -}~~ 3/6 ~ 7l ~ II 7l 0 -(JI I 171 q CJ rn z CJ rn r 171 < ~ 6 z 71 0 ;;u (!.) 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L -.J ~= CGt1"1.!t!l.TNTl!l6POOCl;1.'1!!'1'1' --'--t--tf"_L_ r.11.VAal!Ol'CAeNl!tellllOIIN!I'. l!ld6TN:) MAIJ'IIIAl.l.10 Atl coon..ocT'Olll TO~ 1-..i-tl !l<l6m:1 I\ IIJAU.6 All "1!Gllll'IE0 !'OIO >lllT-'l.l..AtlCN OIi NEUl WU& All NOICAIED. &TllJCnR llT c::om:uct- G.dllN >l.w:> CAIIN >l.w:> EGllAL )l-'C> C.AUN J2"4> G.dllN )l-'C> EGIUAL EXl&tt<G &tEF& TO FEN-AN l•ICNIM01U000T1'1111!11 co..u-N1 TO ""l'LACI! UO 11'1.o11'1!ANOG'l'l"BO COUJ'ffl. &IRJClUf'l!! BT CQITPIACTO!ll. LACI! N 11D l'IJ!l'O A6 IO!QJl1'1!0. GRl;Af ROOM CLO Mt, VA&.11..TWD """""---""""""-J.l'-r'1'0JC:lll'Q.l•J.1'4J,M' GI.U-IA"I RIOGll BEAH (fllZEO BT COfr,oJ T~ Bl!AH AS DEOCl'lleeD IN CEILINCi l"LJ>N. ~ "'661111 eaol!!!NI&~ :t~~T':_l~~\~ r AeOV! CJ!', Mr to AL'<JN UITl-' Ml!AO GIOSAT """'1. _,. TliHl'l'!l'ED GL.A&&. ~1"1 TO !!E LOll ! II. Vlll'l!l'TllOlll!l!II ~ COLOlll WI-"""'"' •XACT P"O&ITICN 01' DIJCIC RAILl>tl AT -/,tO .oo.lJ&T ~ICT\.1111! UVIII 1110'1l4 .A6 l'IEQll!Ol!0 h:l HAAITAN a!NTl!lll al PNN:11 l'l'l PROPOSED FLOOR PLAN FOR 137G BALDUR PARK ROAD 1/8" = I '-0" l ,\_,_ .:';~ {/ -~,,, \\ } r,, ... ( ) , ..... :,! \ ·., ::; .·., . ·~·-:') ln 1n <( \- !J ± fil r- 1 I r_J I I ~ I ~_J I I APPROXIMATE EXISTING ROOF W/ FLOOR PLAN DASHED --=---=----.:z-=-, 7 I I I I I I I I APPROXIMATE EXISTING ROOF 11 W/ FLOOR PLAN DASHED ~✓~iJl:..l ,.:.,~.:.,4/~~,;r:..-~/261Jt == -=-- ~ r-,j. l(j ( { { < { C / ( ( ( < ( { C < { ( -( ( V < C r < < / < ( r < ( ' C < < ( < { (I 8' PROPO5ED ROOF PLAN FOR J 37G BALDUR PARK ROAD l/8" = l '-0" I I I I I I I I _JI ~ ·.•···--.... , ·.) ·--,•·· ;/ C, -..:-. ·.: \ I ' RUN DATE : 6/'23/2005 38 0811723310002 PROP ADDR 1396 BALDURPARKRD OWNER NAME ML SCHROEDER/KE SCHROEDER TAXPAYER MICHAEL & KATIE SCHROEDER NAME/ADDR 1396 BALDUR PARK RD WAYZATAMN 55391 38 0811723310005 PROPADDR 1376 BALDURPARKRD OWNER NAME SANDRA A BENSON TAXPAYER SANDRA A BENSON NAME/ADDR 1376 BALDUR PARK RD WAYZATAMN 55391 38 0811723310008 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 -:, . ~ 6 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0811723310003 38 0811723310004 PROPADDR 1392 BALDURPARKRD PROPADDR 1384 BALDUR PARK RD OWNER NAME GlLBERT H & ROXANE T GEHLE OWNER NAME MD & J A VERSTEEG TAXPAYER GILBERT H & ROXANE T GEHLE TAXPAYER MARK D VERSTEEG NAME/ADDR 1392 BALDUR PARK RD NAME/ADDR 1384 BALDUR PARK RD WAYZATAMN 55391 WAYZATAMN 55391 38 0811723310006 38 0811723310007 PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM J M FRANKLIN OWNER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 MPLS MN 55413 38 0811723310009 38 0811723340034 PROP ADDR 38 ADDRESS UNASSIGNED PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WlLLIAM J M FRANKLIN OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER WILLIAM FRANKLIN TAXPAYER CITY OF ORONO NAME/ADDR 1730 NEW BRIGHTON BLVD NAME/ADDR PO BOX66 MPLS MN 55413 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUN1Y TAXPAYER MVI, DEPARTMljN'I\ 10 1Wi,llEW --=-;-,-- OF MY KNOWLEDGE AND BELIEF. 23 Qo. DATE BY L, )'~ tn ~,~ fr1i ,_._ t1 PAGE: l &}<Hl~f( ~ Hennepin County I 08-117-23-31 I I 08-117-23-34 1 Taxpayer Services Department 4 (34) Parcel Information Parcel ID 0811723310005 House Number 1376 Street Name BALDUR PARK RD This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. I RIDER BENNETT Attorneys at Law A Limited Liability Partnershi 33 South Six th Street Suite 4900 Minneapolis, MN 55402 July 13, 2005 BY FAX (952) 249-4616 (LETTER ONLY) Original by Hand Delivery (with Survey and Photos) City of Orono Attn: Melanie Curtis Planning and Zoning 2750 Kelley Parkway P .O. Box 66 Crystal Bay, MN 55323 Te lepho ne· 6 12 · 340, 8900 Fax • 6 12 • 340 • 7900 www.riderlaw.com Jennifer W. Denys Also Admitted in Wisconsin (612) 340-8958 jdenys@riderlaw.com Re: Sandra Benson 1376 BALDER PARK ROAD, Orono easement dispute with Fred Puzak (1340 Baldur Park Road) Our File No. 19864/E31458 Dear Ms. Curtis: This firm has been hired to represent Fred Puzak in connection with an access easement dispute he has with his neighbor Sandra Benson. Ms. Benson disputes the existence and location of the access easement that serves Mr. Puzak's property. Mr. Puzak asserts that Ms. Benson has repeatedly blocked his access by parking cars in the easement area and has installed encroachments on the easement area (like boulders and other landscaping) that prevent him from using the access easement. We have been hired to litigate this matter. Although I have been in contact with Ms . Benson's attorney regarding this dispute, I just discovered through my client today that Ms. Benson has applied for another variance that will affect Mr. Puzak's access easement and the deadline for filing objections expires today. I attach a copy of Resolution No . 4948 and draw your attention to Items 4.C. (no "change of existing hardcover") and Condition 4 ("violation of on non-compliance with any of the terms and conditions of this variance shall violate of the zoning code, shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor."). My understanding of the 2003 Resolution is that Ms. Benson was not permitted to install additional hardcover boulders in connection with her 2003 renovations and the fact that she apparently did so , puts her in violation of the zoning code. See the survey you have on file from the 2003 variance application. 12822 90-1 RIDER BENNETT, LLP City of Orono July 13, 2005 Page2 I attach a copy of the November 24, 2004 Survey we obtained showing Ms. Benson has installed "hardcover" or boulders and other landscaping within Mr. Puzak's access easement area. We believe Ms. Benson did this in violation of the 2003 Resolution. I attach photographs taken by our surveyor in late 2004 (when he performed the November 24, 2004 survey)-the 1998 date shown on them is incorrect. I witnessed the surveyor taking these photographs. The surveyor marked the boundary of Mr. Puzak's easement with orange cones, and as you can see, Ms. Benson has installed a stone rooster, various landscaping and boulders, a mailbox, and a metal lattice U-shaped structure in the area of the easement adversely affecting Mr. Puzak's use for access. We hereby notify you that we believe Ms. Benson is currently in violation of the zoning code. We object to the variance currently being applied for by Ms. Benson and request a copy of the Survey she supplied to you showing property boundary lines and the access easement's location. We request that the City look at the Survey Ms. Benson provided you and determine whether she has depicted the easement area at all on that survey, or if she did disclose the easement, determine whether the easement area depicted differs from our November 24, 2004 Survey. I wonder if Ms. Benson even disclosed the existence of Mr. Puzak's easement to the City. Ms. Benson may have depicted the area of the driveway currently "in use" on her survey, but that does not show the ACTUAL boundaries of the access easement. Obviously, since Ms. Benson has applied for a variance to enlarge the size of her garage and her home, the location of the easement is of utmost importance and should be carefully considered by the City before a variance can be granted. We respectfully request that any variance consideration be postponed by the City until the easement dispute can be resolved by a court of law, as the location of the easement is in dispute. Please call me if you have any questions or require any additional information. Very truly yours, RIDER BENNETT, LLP ~~,__ By ___ /J ___ _,#"_,:;/--______ ~---++----=ir iJkierw. Denys JWD Enclosures cc: Fred Puzak (via mail w/ copies of photos) 1282290-1 RIDER BENNETT MAY-26-2005 10:18 RIDER BENNETT 612 340 7900 P.02/07 T-052 P.002/007 F-264 May-26-2005 09:12am From-CITY OF +9522494616 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 S A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(l); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (C)(6) FILE NO. 03-2875 \VHEREAS, Sandra Ann Benson (hereinafter "the applicant")is the O\.vner of the property located m 1376 Baldur Park Road, within the City of Orono (hereinafter "the City'') and legally described as follows: Lot 20 and that part of Lot 21 lying northea..st~rly of a line running from a point in the northwesrerly line thereof distant 23 feet southwesterly from the most northerly meander corn~r thereof to a. poim in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly m·eander corner thereof, Baldur Park, Hennepin County, Minnesota, (hereinafter uthe property"); and \VHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(I); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16 (C)(6) to reconstruct and expand the roof of an existing principal stmcture and replace windows and doors on the second story, in the LR-IC zoning district; and \VHEREAS, after due published notice and mailed notice in accordance ·with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a p1.tblic hearing on March 17, 2003, at \Vhich time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI~DINGS 1. This application was reviewed as Zoning File #03-2875. Pagt'l l of 5 Metro Legal Services Inc. Box491 MAY-26-2005 10:19 RID~R BENNETT May-26-2-005 09:12am From-CITY OF +9522494616 612 340 7900 P.03/07 T-052 P.003/007 F-264 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 494$ NO. ______ _ 2. The property is located in the LR-1 C Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.27 acres. 3. The Orono Planning Commission r~viewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Com.mission made the following findings of fact: A. The original stmcture has been located within this footprint since 1959; B. The property is unique in that it has lakeshore on the from and rear and almost all of the lot falls within the required 75' structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, change the existing setbacks or change the existing hardcover; and D. Additional vegetative screening along the lake side of the residence will help to mitigate the visual impacts of the added height of rhe structure: adjacent to the lake. 5. The City Council finds that the conditions exis1.ing on this property are peculiar to it and do not apply generally to other property in this zoning disuict; thar granting the Yariances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring propeny; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is n-;.":cessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City, 6. The City Council has considered this application, inch.iding the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed vadances on the health, safety and \Velfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(l); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision l(B); and Section 10.56, Subdivi3ion 16 (C)(6) Page 2 of 5 MAY-26-2005 10:18 RID~R BENNETT May-26-2005 09:12am From-CITY OF +9522494616 612 340 7900 P.04/07 T-052 P.004/007 F-264 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4\ $ to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story. Approval is subject to the following conditions: 1. Council approval i$ based on the site plan and building construction plans submitted by the applicant as anached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake: l. Two hardwood trees of the applicant's choice, located between the shoreline and the deck, at approximately the eastern corner of the existing deck and 20' from the property line on the northwest comer of prop~rry; and 2. Replace the existing hedge, located in front of the deck stairway, with a more substantial hedge. b) If stmctural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council \Vill be required. 3 • Authorities granted by this variance run with the property nm with the applicant, b\.tt are permissive only and must be exercised by application for a bttilding permit within one year of the date of Council approval, or these variances will expire on that date (March 24, 2004). 4. Violation of or non~compliance with any of the terms and conditions of this variance shalt constitute a violation of the zoning code, shall amomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 MAY-26-2005 10:18 RIDER BENNETT May-26-2005 09:12am From-CITY OF -'-~ +9522494616 612 340 7900 P.05/07 T-O52 P.O05/OO7 F-264 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 S Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: ') . \........ k CL .. ~ ;..._,:_ l.... t _ )._ .. L', t \ \'._ '·' ·Hnda S. Vee, City Clerk ,\ 1 .. }q-::,i.d·'-d' .S\.~t, ""\~_), ___ ~ ~ ·,v).__;t~-\1 ~o,"--- Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPlN £,._ ' ., )/j ·-:)f:----.. ' /Jcl.Jr..(l ft { ,,:_/l)_(.;.,.✓,.i<.,£,(-:.,£-,:·)'L) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said insmiment was executed on behalf of the City. · Y .t."'t·h-... _The foregoi_gg ip~t[µment was acknowledged before me on this ,,=: ~5 day of March, 2003 by ·Lirrda-S":""¥-ee;-' City tii?rk of the City of Orono, a Minnesota municipal corporation and said instrument \Vas executed on behalf of the City. .. , ,,. (, .. •·:.-"'l .. <: , . ~?.a'i~Si'li!:e'2:e:a:.:~~~:2:1-~--~ n ','./;: , 1., 1 \,.,r~i_, . .; · · ·, , ,.,.I ---- 8 ~~::~c~~~~~!~i i ~~~~ ;~~;i~~. , ~ ~ /v=~.-~-- 1 --W My Comrnlssicn Expires Jan. 31, 20C5 Page 4 of 5 MAY-26-2005 10:19 RID~R BENNETT ~ay-26-2005 09:13am From-CITY OF STA TE OF MINNESOTA COUNTY OF HENNEPIN +9522494616 612 340 7900 P.06/07 T-052 P.006/007 F-264 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4942 NO. ____ ........:;__.::..._ ,111c.l . ,--On this _t.--_ day of __ r:-1-_..(..:._'1_, ____ ,2003, · _;_;) ~ -y·( r .,:\ -, r :,<', .,.-.,c · '' personally appeared before me, __ who is personally known to me . n,,...; DI,... _✓_ whose identity I proved on the basis of __________ ~---~- --whose identity I proved on the oath/affinnation of ____________ , a credible \.vitness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed . .,,.,,.. ~e;:;,$"~il•*~1 { 1r,:.">,,._ RACHEL DD?.~ t ll, , ·' 1 NOTARYPU6LIC•t.11,,,,.-. OTA i 1 ' I J .. ' ~O"' < x • • • MY CommiS"..ion Elplles a:i. J'. '" ,),l ~ \ ~. ;,,..., !~~-.:~z.. . STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this_ day of ____ , 2003, _____________ -J:'ersonally appeared before me, __ who is personally known to me whose identity I proved on the basis of ________________ - --whose identity I proved on the oarhfaffinnation of ___________ _, a credible witness and who executed the foregoing instnunent, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public ... '" Page 5 of 5 ['- CS) '-['- CS) a.. CS) CS) (J) ['- ~ N ,..j U) I- I- * Ill a:::· W'w Q .... a::: CD ,..j CS) ,..j If) CS) CS) N I U) (\I I >-a: E ....,. a> .,,,. GJ0069 81111113 BENSON. Slil'lOY ADVANCE SURYEYTNG & ENGINEERING CO. ,l_ ~JOO 5. Hwy. lfod01 l,flnncton~•. 1,0, ssu, 111,.,,.. ("JHU 196,1 Fu (9fl)47.U267 ,__ SURVEXFO!l: SANDY BENSON C> C> :;; . 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" u· ~:;, nwr.,vn n~nn,c:11 ['- (S) a.. ~ 0 I- LEGAL NOTICE CITY OF ORONO NOTICE OF PUBLIC HEARING Th e 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 th e matter of reviewi ng th·e foUow- .ing land u.se applications : 1•• I #04-°3068 "--liln PeterSen, 2690 Fox · · · Street', RA -1 B zoning district, requests a lot ,area variance in order to build ·a new reside nce on an existing lot 1.255 acres In · size when 2.0 acres is normally r'equired. I _ ~05-~95 -Minnetonka • Portable l ··Dredging on behi!lf . of Gregg SteU,hafel, 2265 North Sho re Drive, LR-1 A zoning dis- trict , requests a conditional use permit for a permanent dock. #05-3107 -·Scott Bissen ·and MicMeile Morey, 825 Tonkawa Road, LR-18 zoning • district, request a lot width variance f9 r con- struction of a new res idence.on a lot 106' in defined width where 140' in width normally .. req uireq. ,- '. #05-3121 -Cindy · Sudhe imer and ·: James Anderst on behalf of The t,-J8.irows Saloon, 3382 Shoreline Drive , B -1 zoning district, request a con ditlonal use permit to • expand the existing restaurant and to allow outdoor seating in front of th e building · along Shoreline Qrive and ·in the rea·r of the · · building in an outdoor patio layout adjacent ·r. -·. to, the City-owned par kin~ !ot:. ,:.· ,. #05-3124-William & Rhonda ·6mlie, 1860 Shadywood Road, LR-1 C zoning dis- .· trict, request a 250' -500' zone hardcover y ariance ·10, permit 31.4% ~ardcover when 30% is normally required and 31.4% cur-• :· rently exists and a rear yard setback. v_ari- . ance. to permit a 3' setback when 1 O' is nor- mally l'equired and 3' cu rrently exists alf in order to construct a · ioof expansion ,to . match the roof of the existing home . . . . #05-3126 -Todd & Myst_i Courneya, '4620 Tonkaview Lane, LR .-1 B zoning dis- trict, ,requ est a front yard setback variance to permit a froot yard setback of 25' when 35' is normally requ jred and 25' currently exists in Order to co nstruct -a third stall garage with living space above. divislon of a lot line rearrangement. #05-3129 -Ascent Investments, Inc. on behalf of Dougla s klint, 1345 Rest Point lane, LR -1 B zoning diStrict, requests lot ilrea, lot width, and side street setback vari- ances tO permit constructi!)n 9f a new resi- :h~c;8?~ ~!~i~~~i!0!£~~1i~~r~~";~~~ : width at the 75' setback-when 1 :o acre~iind 140' In width respectively are normally requirE!d and to permit a side street setback of 23' when 35' ls nOrmally required . :· ,. ', .· #05-3130 ·-Stephen & Jean Skci ro, 2428 .Casco Point Road, LR -·1c·zoning distri ct,' request a 250' -;iOO' zon~ hard- cover variance t9 allow SS .9°<o hardcover when 30% is normally allowed and 40 .2% currently exi~ts i_n of9er to const{uct a po~ch addition to -the existing home . ; '#05-3 131 -Steve Bohl of Boh land Deve lopmen~ Inc . requests rezonihg al)d preliminary plat and general co ncept plan approval ·· via the Planned Un it · Development process for a residential s·ub- diviSion to ·creitte 1J .lots on--1 ·block at a density of approximately 3 units per a6re from property ·located at. 190 Willow 0rive South and 177 Gleridale Drive, RR-18 zon- ing . district ' ,• #05-3135 -Allen & Deanna Munson , 3165 North Shore Drive, LR -1 B zoning district, r~queSts 'a 9onditional .U:>e permit . to allow fill In excess of 500 ell: yards and an average lakeshore setback variance to construct a new slngle family residence at ~e 5a:me setback as the existing home . ·#05-3136 -Tr~y R. ·srciitzman, '1860 Shoreline Dtive, LR -1 A zoning district, requests an avera'ge lakeshore setback ·variance in order to constru ct a new sing le far?Jily rf~idence . '· . . . · #05-.3137 -Ro~ert & Victoria Jaffray, 540 Barrett Avenue, RR -18. zoning dis -: trict, request a front yard setback vari ance / to permit a frorit yard setback of 25' when 50 is normally required and 25' currently exists in order to construCt a garage addi- tion with a scree n porch above. #05-3138 -Dan Larkin on behalf of '· Sandra Benson, 1376 Baldur Park Road, LR -1 C zoning ~istrict, requests a lake setback variance, a variance for 2,685 s.f. of structu ral coverage wh!;!re 1,909 s.f. is normally allowed and 2,741 s.f. currently exists and hardcover variances for hard- cover within the O -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% cur- rently exists to permir the removal of a detached garage and construction of an ~ttached garage with living space above. . ' "#05-3132 -Peter Eskuche on behalf of Brad & Cheryl Jones, 2545 North Shore Drive, LR -1 A zoning district, requests a , lot area variance and conditional use per- mit to permit Co nstruction of a new resi- dence on an existing lot 1.53 acres in total area with 0.9? acre~ dry bulldable where .. #05-3 139 -Hill School of Minnesota, 1 2.0 acres iS normally requ jred and to peri ·1nc1 2180 North Shore Drive, RR -18 ion- mit approximately 900 ct.ibiC yards of flll · ing district, requests side . yard and side when normally no more than 500 cub ic street setback va~"'nces in. order construct .yards is permitted without a conditional use .-· · an addition for offi c;e space , and a condi- ~ permit.: '.i tional ·use permit amendment to expand , -~ the school , 8.nd allow a tem'porary trailer on "#05-3133 -Bruce • & Elizabeth the property for use during construction. Nusbat.im, 3480 North Shore Drive,• LR -· . 1 C pming district, requests a sid~ setback All persons wishfng to be heard are variance , a str.uctural coverage variance to 'l!ncouragei:t to atterld this meeting . This is, 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 ·1,705 s.f. currently exists, a hardcover vari-accepted and shoul!1 b~ submitted tO the ance within the 75' -250' zorie for 30.8% City of Orono by July 13, 2005 if possible. Where 25 % is normally allowed and 29.7% · Plan s are avaflable for review in the City currently1exists, ·and a hardcover variance Offices and all inieres'ted persons are within "the 250•·..:... 500' zone for41 .B¾ hard-· encollraged to contact the City for further :~:n;h:;~t:~:0aJ1 1~;t~~:~~n!~ct~::~ ·:~r(~:~)~4:~~8;, appointment, please a new detached garage: Cjty of Orono '. #05'3127 . -James & Margaret Kelly, 4445'North shore Drive , LR -·10 zoning · #05~3134-David Park of Duiabnt on By: Planning Commission district, request 1qt 8.rea and lot width YB!i· behalf of Richard ·&' Patricia CrOsby, 2705 -ances to permit construction of1a new resi-Walters Port Lane, LR -1 B zoning district, .dence on an existjng lot 0.51 acres In area · requ ests hardcover .varianCes for 14.2% arid n• in width when 1.0 acre and 140' in hardcover Within the O ....: 751 Zorie whe re ~dth respectively ,are· normally reqtiired.-· _ .~~~!~~~~~~t 1~~~:~~~~;!i~!~~~= ;;~/4 · _..#05-3128 -Gregory·· O'Connor and is nqrmally allowed and 61.7%_· currently Richard Fruen, 400 aod 41 O Big Island, R~ exists In order to construct an attached 16' . zoning district, .request approval for a sub: x 17' gara~,e. · ·: Michael P. Gaffron , Plann ing Director Posted at o'rono City Offides · Cryst.p.l Bay 'Post Office ,,• \ Long ~ke Post. Office Navarre Post Office (PLlblished in Th~· La 0 ke'r and Th ~ Pioneer newspapers, July ~.' -~po~). 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 LAKER, Mound, Minnesota , and has full knowledge of the facts which are stated below: A,) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 2nd day of July 2005 , and was thereafter print and published every Saturday, to and · eluding Saturday, Authorized Agent Suscribed and sworn to me on this 2nd day of July 2005 _ By :§~ Notary Public ---------............. • SUSAN A. FLOHR$ NOTARY PUBLIC-MINNESOTA IIY COMMISSION EXP1AES 01.(!1•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: $5.79. LEGAL NOTICE #05~3126 -Todd '& Myst! Courrieya, ·.. '.CITY OF ORONO 4620 Tonkavlew l8.fie , LR ,-1B zoning 2750 K9 ll8y Parkway, P.O. Box 66 , dfstrlcl, request a front Yard setback vari- . · Cf'Y•tal Bay, MN 55323 ance to pennil a front yard setback ol 25' : Phone (952) 249-;4600 Fax .{952) 249-"?'hen 35' is normally requlr'ed and 25' cur- l • • • 4616 rently exisls In -order to ·construct a third 1 ·Nor1ce OF Pueuc HEARING ' . S!all garage wllh livlng,space above. I , The Planning Comi-nlsslon will hold #05-~127 -James & Margaret Kelly; ; pubUc hearings In the Orono Council 4445 North Shore Drive. LA -18 zonlnQ Chamber$ at 2780 Kelley Pari(way on district, request 1ot area and lot width vari- Monday, July 18, 2005, beQlnnfng at 6:00 ances to permit constructlOn of a new res- ' p.m . on the m~er of reviewing the follow• ldence on an existing lot 0.51 acres In , Ing land use appt!callons: · 4 ~ area and 7T In width when 1.0 acre and 140' In width respectively are normally require~. I 0 #04-3068 -Ian Petersen, 2690 Fox Street,AR-18zoning"disti-ict,requests.a #05-3128 -Gregory O'Connor and 'lot area variance In order to bulld a new Richard· fruen, 400 and 410 Big Island, ~esldence on ari existing lot 1.255 acres In RS zoning dlstrlct, request approval for a . size when 2'.0 acres l,s normally required. subdivision of a lot Hne rearrangement. · , #0°5·30~5 -.MJn'netonka Portable ' #0?·3,129 -Ascaril lnvestmenls, Inc'. Dredging on behalf of Gregg Steinhafe1, on behalf of Douglas Kllnt, 134,5 Rest :s~~cr~e~eS::~ !~~io~·~:e ~~:~ ~~~~~~~i ~~a~ l~tB w~~~~gan~s:~~ for a permanent dock. street setback variances to permit coh- slructicin of a new residence on an exist- . #05·3107 · -Scott Bissen and ing lot 0.44 ~cres in l(trea and 58' [n wldlh Michelle Morey, 825 Tonkawa Road, LA·.. at the shoreline and 76' In width al the 75' ,a-zoning district, request a lot width var!-setback when 1.0 acre and 140' ln width ance for construction of a. new resjdence respectively are .normally required and to on a tot 106' In defined width where 140" permit a side street setback of 23' when 1 !n width normally requir.e'd, 35' is· normally required. • .· ~05·3121 -Cindy Sudheimer and #05·3130 -Stephen & J~an Skora, ' ~C:~.~:f~~~ra~:::,;~: ~~rr:o7i: ~~~i~::s~l~t :500~~ ;~:-z~~ez=~ ' ing district, request a corlditional use per-cover variance to allow 38.9% hardcover : tn!t to expand the existing restaurant and wh0en 30% Is riormally allowed and 40.2% to allow outdoor seating in front of the ~rrenlly exists In Order to construct a ' bulldlng along Shorel!ne Drive and ln the . porcti addition to the existing, home. rear of the building In an O!Jtdoor patio lay- out _adjacent !O th,e City-owned parking tot. #05-3131 -Steve Bohl of Bohland Development, Inc. requests rezoning and pre!!mfnary plat and general concept plan approval via the Planned Unit Deve!Opment process for a res idential ·subdivision to create 11 tots on 1 block at a density of approximately 3 units per acre , from property located at 190 Willow Drive South and -1n Glendale Drive, AA·1B zoning .district. ' . . . 18~#os5;;!~~u~:d~ ~~~~a ~~:~eg district, re~uest a 250•~500· zone hardcov• er variance to permit 31.4% hardcover , when 30% is normally required and . 31.4% currently exists.and a rear yard set- ~~ variance to permit a 3' setback when ·10' ,Is normally required and 3' currently ' exists all in order to construct a roof · 8Xpanslon to match the ·roof of the existing home.· ' ·! #0~-3132 :._ Peter Eskuche on behalf o( Brad & Chef)'I Joruis, ·2545 North Shore Drive, LA -· 1A zoning district, requests a lot area variance ~and condi· tional use pe~mft to permit construction of ' a new residence on an existing lot 1.53 acres in total area with 0.92 acres dry · buHdable where 2.0 acres Is normally required amt to ll_ermll appro)(imalety 900 cubic yards ol fill when normally no more ~:n~~o~~ris~a~~~~~1~ermitted wilhout #05--3133 -Bruce & Elizabeth Nusbaum, 3480 North Shore Drive,,LA - 1C zoning district, requests a side setback variance, a structural coverage varlance to alloW 1,750 s.f. of.structural coverage where 1,500 s.f. is normally allowed and 1,705 s.l. 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 hard• ~ove r variance within the 250' -500' zone for 41.8% hardcover where 30% Is allowed and 47.9% currerilly exists to allow the construcHon of a new detached garage. Affidavit of Publication .,tate of Minnesota, County of Hennepin. Eric Serrano , being duly sworn on oath , says that he is an authorized agent and employee of th e iublisher of the n ews paper known as THE 11~nw1thascre.•n.~o,7~abo••· 'IONEER , Mound, Minnesota, and has full SanJi5~!~~~~ f;6 ~:~~t~a~~~,a~'. mowledge of th e facts wh ich are stated below: LR -1C zooifl9 district, requests a lake ~f~~ic~:r:f::~~~:r:~~~e'~~lo:;r~i; ~-) The news paper has complied with all the . ~~r:iir,,~1~:~~~~1 ;~:~:·!· :ti:: requirements constituting q_ualifi cat io_ns as a co,er within the O -75"_,one of 32.9% ~ualified newspaper, as provided by Minnesota ~~~~;~ ~~~n~:e~s:r:: 1 ~i~ 1 i~~~~ Statute 331A.02 , 331 A.07 , and other applicable ~::;!5 ~~~:~1;'a~~!~ h::c~~~;.tc~~ laws, as amended. ren11y exists lo permit the removal of a ~~~~~heS:g~~~~\f~d11_ii~~s!:~~~ve~ B .) The printed Land Use Applic ations inc, {~:t~!r;,Hi~~!~ni!.Mt~e~~ which is attached was cut fr om th e co lumns of !~~n~1r~~t~;r;:dt:!:;a~::s Y~ rd o~~~ said newspaper, and was printed and publi shed ~~~~~~:!~t:~;0;e~%i~1:e~::n~~~ once each week for one successive week(s). -~i~~~hl~:c;~~l~;~o~ 11i:a ~~rl~~0c~~ #05-3134-Da,idParkofDurablllon · ,truction. . It was first published Satu rday behalf of Richard & Palricia Crosby, 2705 Walters Port Lane, LR -1 B zonifig dis• ,trict, requests hardcover variances for 14.2% hardcover within the O -75· zone v,here O"/o ls normally allowed and within the 75' -250' zone !or 61. 7% hardCOver wttere 25% Is normally allowed and · 61.7% curr'ently e)(ists in order to con· slruct an 9:ttached 16"x 17'garage. #OS-3135 -Allen & Deanna Munson, · •3165 North Shore Drive, LA _..18 zoning ' district, requests a condilional use permit · to allow fill in excess of 500 cu. yards and an average lakeshore setback variance to construct a new single farilily residence at the s.ame setba~ as the existing ho~e. #05-3136 -Troy A. Broitzman, 1860 • ShoreUne Drive, LR -1A zoning district, r8quests an average lakeshore setback variance in order to construct a new single family re~idence. • #05·3137-Robert & Victoria Jaffray, 540 Barrett 'Avenue , ~A -18 zoning dls- lrlct. (equest a front Y,ard setback variance to ·permit'a front yard setback Of 25' when 50' Is noi;mally requjred and 25' currently • exists In order to construct a garage addi· All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and )s subject to change·prior to the ·hearing. Writter com· ments are accepted and should be sub- mitted lo the City of Orono by July , 13, · · 2005 if possible. Plans are available for review In lhe City 6mces .ind all interest- ed persons are encouraged to contact the City !or lurlher lhformation .. For an i!-Ppoln~ment. please can (952) 249-4600. City of Orono By: Plannin_g ~mmission Michael P. Gaffron, Planning Dire~tor Posted at: Orono City'Ottlces Crystal Bay Post Office Long lake Post Office Navarre Post omce (Published in The 0 Lskar and The Pioneer newspapers, July 2, f-005). the 2nd day of July 2005, and was thereafter printed and publ is hed eve ry Saturday, to d in cluding Saturday, Authorized Ag ent Sus crib ed and sworn to me on this 2nd day of July 2005 . By:~------ Notary Publi c e SUS AN A. FLOHRS NOTARY PllllUC-NINNESOT A 11Y COICMISSION ElCPIRES 01-31-3110 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 addilional successive week: $5.79. STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING • 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#0S-3138, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this ih day of July, 2005. L~ 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. 2. 3. 4. 5. 6. 7. 8. 9. #04-3068 #05-3095 #05-3107 #05-3121 #05-3124 #05-3126 #05-3127 #05-3128 #05-3129 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. Minnetonka Portable Dredging on behalf of Gregg Steinhafel, 2265 North Shore Drive, LR-IA zoning district, requests a conditional use permit for a permanent dock. 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. 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. William & Rhonda Omlie, 1860 Shadywood Road, LR-IC 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. Todd & Mysti Courneya, 4620 Tonkaview Lane, LR -1 B zoning district, request a front yard setback variance to permit a front yard setback of25' when 35' is normally required and 25' currently exists in order to construct a third stall garage with living space above. 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. Gregory O'Connor and Richard Fruen, 400 and 410 Big Island, RS zoning district, request approval for a subdivision of a lot line rearrangement. Ascent Investments, Inc. on behalf of Douglas Klint, 1345 Rest Point Lane, LR -1B 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 10. #05-3130 11. #05-3131 12. #05-3132 13. #05-3133 14. #05-3134 15. #05-3135 16. #05-3136 17. #05-3137 setback of23' when 35' is normally required. Stephen & Jean Skora, 2428 Casco Point Road, LR-IC 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. 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 I block at a density of approximately 3 units per acre from property located at 190 Willow Drive South and 177 Glendale Drive, RR-lB zoning district. Peter Eskuche on behalf of Brad & Cheryl Jones, 2545 North Shore Drive, LR- IA 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. 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 4 7 .9% currently exists to allow the construction of a new detached garage. David Park of Durabilt on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane, LR -IB zoning district, requests hardcover variances for 14.2% hardcover within the 0-75' zone where 0% is normally allowed and within the 7 5' -250' zone for 61. 7% hardcover where 25% is normally allowed and 61. 7% currently exists in order to construct an attached 16' x 1 7' garage. Allen & Deanna Munson, 3165 North Shore Drive, LR-lB 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. Troy R. Broitzman, 1860 Shoreline Drive, LR-IA zoning district, requests an average lakeshore setback variance in order to construct a new single family residence. Robe1i & Victoria Jaffray, 540 Barrett Avenue, RR-1 B 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 with a screen porch above. 18. #05-3138 Dan Larkin on behalf of Sandra Benson, 1376 Baldur Park Road, LR -1 C zoning distdct, 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 -lB 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 /.- ?/. LR /J ~ Michael P. Gaffrptf, Panning Director To be published in the Laker and Pioneer on July 2, 2005 . Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 3 RUN DATE: 6/23/2005 38 0811723310002 PROP ADDR 1396 BALDUR PARK RD OWNER NAME M L SCHROEDER/KE SCHROEDER TAXPAYER NAME/ADDR MICHAEL & KATIE SCHROEDER 1396 BALD UR PARK RD WAYZATA MN 55391 38 08I1723310005 PROP ADDR 1376 BALDUR PARK RD OWNER NAME SANDRA A BENSON TAXPAYER SANDRA A BENSON NAME/ADDR 1376 BALDUR PARK RD WAYZATAMN 55391 38 0811723310008 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 f! (/ -~· ,,,.,:f.h•,,:r "lf' IJ ,ii v.,':Z~~; r·~ ~:~.t HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0811723310003 PROP ADDR 1392 BALDUR PARK RD OWNER NAME GILBERT H & ROXANE T GEHLE TAXPAYER NAME/ADDR GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATAMN 55391 38 0811723310006 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08117233 I 0009 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08117233 I 0004 PROP ADDR 1384 BALDUR PARK RD OWNER NAME M D & J A VERSTEEG TAXPAYER MARK D VERSTEEG NAME/ADDR 1384 BALDUR PARK RD WAYZATA MN 55391 38 0811723310007 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM .1 M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 0811723340034 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAMEIADDR PO BOX 66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SE··· 7!] DEPARTMJ;N'f, TOT· '. BES\f OFMY KNOWLEOOEANDBELIEF. /. 23 'llC:: / . / /{ . \ DATE v1 V....JBY , : . 1 .,, u' / J . ' ( , -, - :_/ i / '\,_..../,' :~:,:e ;_-: ~Ji1~ ~, PAGE: I CITY of ORONO June 29, 2005 Dan Larkin DBH Larkin Construction 5140 Greenwood Cir Greenwood, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application# 05-3138 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your application for a variance for property located at 13 79 Baldur Park Rd. Below is a list of items the City of Orono is requesting to complete our review: • 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. Application #05-3138 is incomplete. If you wish to proceed with your application please submit the items requested above by noon on Thursday, July 7'h to remain on the July 18, 2005 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono Melanie Curtis City Planner c: Sandra Benson, 1376 Baldur Park Rd Telephone (952) 249-4600 e JFax (952) 249-4616 www.d.orono.mn.us City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax: 952-249-4616 MaHing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner: Meeting Date/Time: PC Date: What is the purpose of a pre-application meeting? -Mttttr 1 1-0 Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: I Property Identification Number (PIN): Zoning District: _ ____:._:;c_ __ Size of Property: __________ _ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback b' Hardcover fl11~ D ~ Lot Coverage □ Other: :> -;,, □ Rear Yard Setback □ Lot Area ~-)el frolit Yard Setback □ Lot Width Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: understands it as it has been explained to them, and is aware that it must -----be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: ________________ Date: _____ _ ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ 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 o improvement plans and that the proposed neighbor's project or uncil p val. ,//7 Property Owner -/ I Date ***'lrlt******""'****************>/rle*******************--***********-***************************************** I (we) ______________ of ____________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not as~ed to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we} am (jare) aware of the improvement plans and that the proposed neighbor's project or use requires Co n 11 prov -- . (& , b . Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 0 days prior to the scheduled meeting date. · - H ..,nnepin County Property Map Print Page 1 of 1 Hennepin County Property Map -Tax Year: 2009 The data contained on this page is derived from a compilation of re cord s and maps and may contain discr epa ncies that ca n only be disclosed by an accurate survey perfo rm ed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only . Hennepin County does not guarantee the accuracy of material he rein contained and is not responsible for any misuse or misrepresentation of this inform ation or its der ivatives. / 38 ,,, 38 / \ / / \\ /.// ~~, I/ '(;,., / "<; .,. ,6 """' +~ \\ Owner Name: SANDRA A BENSON . / H Selected Parcel Data Parcel ID: 08-117-23-31-0005 Parcel Address: 1376 BALDUR PARK RD, ORONO, MN 55391 Property Type: RESIDENTIAL LAK Homestead: HOMESTEAD Area (sqft): 13799 Area (acres): 0.32 A-T-B: ABSTRACT Market Total: $1,175,000.00 Tax Total: $10,896.14 4 I \0 / ,// I/ 1392 I II / / / / / / 1396 ,/' /I /1 A4 00 / / / ,/ / l Date Printed: 4/24/2009 4:26:58 PM Current Parcel Date: 4/3/2009 Sale Price: $710,000.00 Sale Date: 10/2002 Sale Code: WARRANTY DEED http://gis.eo .hennepin.rnn.us/HCPropertyMap/Locator.aspx?PID=0811723310005 4/2 4/2009 Christine Mattson From: Sent: Tamerah 0 . Mayer [tmayer@lindquist.com] Monday , April 27 , 2009 8:56 AM To: Christine Mattson Subject: RE : 1376 Baldur Park Rd Perfect -thank you! Very helpful ***** Tammy Mayer/ Paralegal LINDQUIST & VENNUM P.L.L.P. (612) 371-3982 -Phone -----Original Message----- From : Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, April 24, 2009 4 :33 PM To: Tamerah 0. Mayer Subject: 1376 Baldur Park Rd Hi Tammy, I hope this helps. If not we'll talk again on Monday. Have a great weekend! Christine Mattson Planning Assistant City of Orono 952 .249.4620 -Planning & Zoning 952.249.4600 -Main 952.249.4616 -Fax www.ci.orono .mn .us Office Hours: Monday -Friday 8:00 am to 4:3_0 pm Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 NOTICES IRS Circular 230 Notice: To ensure compl iance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication 1 (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e-mail message and any files transmitted with it are confidential and may be subject to attorney-client privilege or work-product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. 2 nl \ \9.J;:> \ \ /' / X932.4 / X932.2 / X931.7 / / / / / ,{ /\ I 1J ~, ---- X931.6 X932.1 X\132.2 X931 g . X932/.1 X911.6 I I I I ,,<v I ,(:)<?> / .1:)tx V)q, X931.9 / \)(\)( <::)\)(?~~() I I~ '\ /,:P I _ -ASPHALT/ -DRIVE 932.5 735.6 ;°.FT. I I .9,),, \ "·« \ ~) \ .9,),) '<+ ~~ \ + \ ~o \ ~ ' ',.,:,,j' ,·.,:, ' '' .9.J, ·.S \ - '-RETAINING WALL 0' -'/5'•~ ' Stre :<ic1--• ~ lltvt EXISTING RESIDENCE LOW FLOOR ELEV=938.3 110 IJ ---929.4----ORDINARY HIGH WATER COi GRAVEL ROAD ~ Do Lj>OV Hennepin County Property Map Pnnt rage 1 01 Hennepin County Property Map -Tax Year: 2009 The delta rnnt,1ined on this p.:ige ,s den,:ec from a comp1lat\on of records and maps and may contain discrepancies that can only be disclosed by an accurate sur.rey performed by a licensed !and surveyor. Tt,;:; perimeter MH1 area {square footage and acres} are approximates and may contain discrepancies. The informa.:1on on this page should be used for reference purposes only. H~:11H;p1n Count'{ does not 9tJJrn11tee the accuracy of matena! herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. H Selected Parcel Data Parcel ID: 08-117-23-31-0005 Owner Name: SANDRA A BENSON Parcel Address: 1376 BALDUR PARK RD, ORONO, MN 55391 Property Type: RESIDENTIAL LAK Homestead: HOMESTEAD Area (sqft): 13799 Area (acres): 0.32 A-T-B: ABSTRACT Market Total: $1,175,000.00 Tax Total: $10,896.14 Date Printed: 4/20/2009 3:28:44 PM Current Parcel Date: 4/3/2009 Sale Price: $710,000.00 Sale Date: 10/2002 Sale Code: WARRANTY DEED http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=08 l 1723310005 4/20/2009 Hennepin County Property Map Print Tammy MflV«-(of l-3 7/-Page 1 of 1 3102- Hennepin County Property Map -Tax Year: 2009 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies t hat can only be disclosed by an accurate survey performed by a licensed land surveyor . The perimeter and a rea (square footage and ac res) are approximates and may contain discrepancies. Th e information on this page should be used for refere nce purposes only. Hennepin Co unty does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. H Selected Parcel Data Parcel ID: 08-117-23-31-0005 Owner Name: SANDRA A BENSON Parcel Address: 1376 BALDUR PARK RD, ORONO, MN 55391 Property Type: RESIDENTIAL LAK Homestead: HOMESTEAD Area (sqft}: 13799 Area (acres): 0.32 A-T-B: ABSTRACT Market Total: $1,175,000.00 Tax Total: $10,896.14 Date Printed: 4/24/2009 3:17:28 PM Current Parcel Date: 4/3/2009 Sale Price: $710,000.00 Sale Date: 10/2002 Sale Code: WARRANTY DEED http://gis.co .hennepin.mn. us/H CProperty Map/Locator .aspx?PID=08117233 1000 5 4/2 4/2009 TRACKING SHEET FILE NO. 05-3138 L1fl A , ' Staff: 1i1 1 d lLV1 I SITE ADDRESS: 1376 Baldur Park Rd. Applicant: Dan Larkin Owner: Sandra Benson Address: 1376 Baldur Park Rd. Address: 5140 Greenwood Circle Greenwood, MN 55331 Wayzata, MN 55391 □ Meeting with Staff Date: □ Application Completed Date:/ U □ Incomplete Notice Sent Date: D~2J1 ot; Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD D Property Owners Notified: Date: 71 ( OS;, □ Legal Notice Published PC Meeting( s): --~-'-'---1----'1 lc...=...C/_,_/ =-00.L,__ _____ Vote:_--"------ Vote: --------------------- Vote: --------------------- Notice of PC Action: __ !_,_,-'-( ~_UJ __ ·/q_~-'-0_·, ______________ _ q;lrtf' City Council Meeting(s ): ___ ,,;,_,__f't> _________ Vote:. ____ --=-- _____________ Vote: _____ _ _____________ Vote: _____ _ □ Resolution: