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HomeMy WebLinkAbout#2559 Scanned FileORONO CITY COUNCIL MEETING MONDAY, MAY 8, 2000 Park Commission Comments-James White Representative, continued White stated that a naturalist from Hennepin Parks will come out to survey the Saga Hills Park at no cost to the City to identify the flora and fauna in the park, then give the City a list of everything living in the park. · PLANNING COMMISSION COMMENTS-SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT *5. #2513 Connie Piepho, 540 North Arm Drive-Variance-Resolution No. 4461 Kelley moved, and Flint seconded, to adopt Resolution No. 4461 granting a variance to Municipal Zoning Code Section 10,56, Subdivision 16(C)(6). Vote: Ayes 5, Nays 0. *6. #2559 Gilbert Gelile, 1392 Baldur Park Road-Variances/CUP-Resolution No. 4462 Kelley moved, and Flint seconded, to adopt Resolution No. 4462 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivisions 16(J) and 16(L) and granting a Conditional Use Permit per Section 10.03 Subdivisions 19-21. Vote: Ayes 5, Nays 0. 7. #2567 Walfred Properties, 2380 Shadywood Road-Commercial Sit Plan Review \Veinberger stated that Walfred properties was approved for the Commercial Site Plan Review at the last Council meeting. Since that meeting the project engineer and architect have not had time to finalize their plans. Staff is recommending that the item be continued until the next Council meeting. The applicant was not in attendance. The deadline for Council action on the project had been extended to June 15, 2000. 6 ORONO ClTY COUNCIL MEETING MINUTES FOR APRIL 2-t, 2000 (#2549 David Lovelace, Continued) barge out to Big Island was discussed, which met with good reception with the neighbors . Lovelace requested assistance from City Staff on the proper process to follow in that regard . Mayor Jabbour noted that the mainland enjoys City garbage collection , while Big Island does not. Jabbour stated he would be willing as a private citizen to provide a site, a rolloff, and a garbage barge on one side of the Island to help clean up Big Island . Jabbour noted that taxpayer dollars cannot be used in this effort . Lovelace commented he was not looking for taxpayer dollars to help clean up the Island but was looking for access to a garbage barge . Lovelace indicated he would be willing to discuss this further with the Mayor at another time . *(#4) #2559 GILBERT GEHLE, 1392 BALDUR PARK ROAD -VARIANCES/CUP Peterson moved, Sansevere seconded, to approve Variances to Hardcover in the 75-250' Lakes ho re Setback and Hardcover Within 75' of the South Lakes ho re, and a Conditional Use Permit to Permit Regrading and Restoration of the Site. VOTE: Ayes 4, Nays 0. (#5) #2563 MIKE AND RUTH FIL BRANDT, 3960 BAYSIDE ROAD -SKETCH PLAN REVIEW Mike and Ruth Filbrandt, Applicants , were present. Weinberger stated the Applicants arc requesting a sketch plan review for a 26 acre parcel which consists of three tax parcels . The Applicants are interested in subdividing the properties to create two buildable lots . The total acreage is approximately nine acres of dry buildable land , \\'ith the minimum lot size being five acres in the RR-I A District. This item appeared before the Planning Commission where several issues were discussed relating to how the Applicants could appropriately subdivide the property . The Planning Commission considered subdividing this property by doing a lot line rearrangcinent ; ho,\'cver, City Code may not necessarily apply in this case because they are generally looked at as Class I Subdivisions and a Class I Subdivision docs not allow any type of flexible zoning and would require ten acres of dry buildablc land in order to create two lots. Class I Subdivisions requiring flexible zoning have traditionally only been used for lot line rearrangements between existing developed parcels . City City Code prohibits selling off of the two smaller undeveloped lots without the principal larger lot because it would create two non-conforming lots . The Planning Commission had suggested that some consideration be given to rezoning the property from the five acre minimum lot size to two acre minimum lot size. City Staff has brought this matter before the City Council to give their thoughts on whether rezoning of this area would be 6 REQUEST FOR COUNCIL ACTION DATE: 4/21/00 ITEMNO.: ~ Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: #2559 Gilbert Gehle 1392 Baldur Park Road Variances and Conditional Use Permit Zoning District: Lot Area: LR-lC 31,760 960 30,800 One Family Lakeshore Residential District(½ Acre) square feet (0.73 ac.) square feet -traveled portion of Baldur Park Road square feet-lot size (0.71 ac.) Application: The City Council approved variances and a conditional use permit for Gilbert Gehle on April 24, 2000 permitting removal of an existing house and detached garage. The variances approved building of a new house behind the 75' lakeshore setback and relocating a driveway constituting greater than 25% hardcover in the 75 -250' lakeshore setback. A copy of the approved site plan is attached to the resolution. List of Exhibits: A Resolution B Site and Grading Plan C Council Report ( 4/24/00) Council Action Requested: To adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISIONS 19-21 FILE #2559 WHEREAS, Gilbert Gehle (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2559. 2. The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 7 3. The Orono Planning Commission reviewed this application on February 23, 2000 and on a vote of 4 to O recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f., based upon the following findings: A. The property is located on a peninsula and has two 0-75' setback zones. It is not possible to locate a driveway access to the property without replacing hardcover for the new driveway. B. Most vegetation on the site will be protected. One tree within the southerly 0-75' setback will be replaced by additional plantings to be located where the existing detached garage will be removed. C. Overall hardcover on the site will be reduced based on the approved site plan. Total hardcover permitted on the site is 25% of the southern 0-75' lakeshore setback and the 75-250' setback. D. All hardcover and structure within the northern 0-75' setback will be removed. No new hardcover or structure is proposed to replace any removed in the lakeshore setback. 4. The proposed grading in the southern 0-75' lakeshore setback is required for driveway access. The house plans have been modified to lower the garage to the walkout level requiring a slope of approximately 5% for the new driveway. Less grading is required, thus maintaining a minimal slope and protection of mature trees in the southern 0-75' setback. The first proposal showed a driveway slope of greater than 13%. Additional grading in the northerly 0-75' setback will permit filling in the foundation and restoring the hillside following removal of the existing cabin. Applicant will pull the 940' contour back to accommodate a walkout level. Total grading for the walkout in the northerly 0- 75' is 7.4 cubic yards. The grading is necessary as the property had been filled prior to the construction of the existing cabin and is artificially high. Pulling the 940' contour back will permit the lowest floor elevation to be dropped approximately 3'. Page 2 of 7 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 6. 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. 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence constituting hardcover on the property of 5,725 s.f. per the approved revised site attached to this Resolution- as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones subject to the following conditions: 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not Page 3 of 7 exceed the square footages per the site plan attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2. Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. 3. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. 4. Erosion protection as may be required by the Building Inspector shall be maintained at all times. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 2001 ). 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 7 Adopted by the Orono City Council on the 8th day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 2000 before me a Notary Public within and for said county, personally appeared _________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 2000 before me a Notary Public within and for said county, personally appeared _________________ known to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 , c<.( -- q ,- 92,9.4-coNiO\JR UNE'. --· ·-.................. . 11.o~J-'' ,. ' ------5:J '. . b,--~ _, .. J ,-,.C?J?:i , , ., .. ----..._ .,. .,,,. .,.. I ~,... : ,.-~")<. ,. I,. ,,I' 75 FT.I SETBACK LINE I I I I I I I I I I I I ... ,, ,, ,. I I I I ,. ,, 0 :i,_li·•_·:. :I: :;_ .. ; __ .. :: .. . : i;: . : : I I I:,,, : i: : . . ; ::)I '":"'•" ...... :••!· : j . : i I! I'. I H-·H~i-;. : \ j : l: ····· ·········~·-l ·:··=··~--; .. '. ... : ·: : ). EXHIBIT A I I I Deadline: 5/17/00 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: #2559 Gilbert Gehle 1392 Baldur Park Road Variances and Conditional Use Permit DATE: 4/20/00 ITEM NO.: ~ Agenda Section: Zoning Zoning District: Lot Area: LR-IC 31,760 960 30,800 One Family Lakeshore Residential District(½ Acre) square feet (0.73 ac.) square feet -traveled portion of Baldur Park Road square feet-lot size (0.71 ac.) Application: Request for hardcover variances to permit greater than 25% hardcover in the 75-250' lakeshore setback and to permit hardcover within 75' of the south lakeshore. A variance is required to permit a small amount ofregrading within the south 0-75' lakeshore setback for a driveway . A conditional use permit and variances are required to permit grading within the north 75' of Lake Minnetonka to permit regrading and restoration of the site once the cabin is removed from the and allow the new house to have a walkout level. List of Exhibits: A Site Plan #1 -As submitted to Planning Commission B Revised Site and Grading Plan C Planning Commission Minutes (2/23/00) D Planning Report Planning Commission Recommendation: The Planning Commission recommended approval on a vote of 4 to O to approve the variances for hardcover subject to the following conditions: 1. The applicant will submit a grading and drainage plan to City Staff for their review and comment subject to the grading being limited to restoration of the existing contours with no additional grading being allowed for a walkout. 2. Hardcover shall not exceed 5,725 square feet in the south 0-75' and 75-250' setbacks. 3. The existing driveway and garage shall be removed and placement of the new driveway to avoid removing mature trees. Summary of Plan Revision: The Planning Commission originally reviewed the application with without grading proposed within 75' of the lakeshore on the north side of the lot, except to regrade where the existing cabin would be removed. The cabin has a lowest floor elevation of 938'. The proposed house would be built with a lowest floor elevation of 940'. The grading within 7 5' of the lakeshore would fill where the cabin is located and pull the 940' contour back to allow a walkout to the lowest level of the new house without having to raise the lowest floor elevation. The total grading to permit the walkout is 7.4 cubic yards. The Code permits the grading of less than 10 cubic yards of fill within 75' of the lakeshore by issuance of a land alteration permit. The Building Inspector shall have the authority to refer any requests for land alteration permits to the City Council for review and approval in instances where the land alteration may require further review. The changes to the site plan could solve some issues with massing address the following issues with the original site plan: A. On Site Plan #1 the garage was located on the main floor. This would have required a driveway to be constructed at a 13 % slope, where the City has advised slopes no greater than 10%. The garage has been lowered to the elevation of the walkout level to 940' from 950'. The slope of the driveway has been reduced to under 5%. B. The driveway will require less grading and removal of only one tree within 75' of the lakeshore. The property owner has stated he agrees to plant additional trees as restoration for removal of a tree for the driveway. The trees would be planted in the location of the detached garage once it is removed and restored. C. By allowing the 7.4 cubic yards of excavation within 7 5' of the lakeshore the elevation of the house could be lowered 2 or 3 feet. The lot is artificially high due to fill being placed on the property prior to the construction of the cabin. As the grading plan indicates the lot is higher than both adjacent properties. The benefit to this plan would permit construction of a home that would be lower when viewed from Lake Minnetonka and still have a walkout. Options for Council Action 1. Table for additional information or revisions. 2. Continue the application to the next available Planning Commission meeting to discuss the amended plan. 3. Approve with conditions (direct staff to draft appropriate resolution). 4. Deny (state reasons). 5. Other action. '\ +t " ,-.. .. LAKE .. 9-28 · MIN~ETONKA 929.4 CONTOUR LINE 5.0 • -•• 2'() • 1. ·- rl .. i.--~ S;+~ PIC\."' '" -LC) 0 " N (/) ,;, I\ 'i ' \ .. #I /\ ;_\ \ • ,I 'J co co "'' C\J C\J LAKE Ml~NETONKA 928 929.4 _CONTOUR UN£ ------- --- / .. l:};;o----~ ~ \ . i I ~")bi I , ~' I --7':"-'-'--:--•~~.,. . I I I I I I I I I I A ... ,· I I I I 'O 0·· I.() 0 ('- N (/) B · ril( G-6/ll. € /-17-oo , , 6 HARDCO~LCULATIONWORKSHEET 2,..-17-oo t1"'v-dco~ SETBACK ZONE: (CffiCLE ONE) 0775' 75-250' . 250-500' J 500-1000' .... ,. EXISTINGHARDCOVERINZONEJVO'. t"H /,.(~T -1.,7-,t:Jo '1//t16 A. House _____ x _____ = k l'f'..v6Cf Length X X X B. Garage X ·c. Oriveway X X D. Sidewalk X X E. Pntio/Deck X X F. Landscape X Underlain . X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE . A. House Length B. Garage .. -r ·' -~ ✓- C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA lN ZONE A _____ + B Width = = _____ xlOO = Width _____ xlOO = 13 ______ S.F. ______ S.F. ______ S.F. ______ · S.F. ______ S.F. ______ S.F : ______ S.F . ______ S .F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F . ______ S.F. A ______ S.F. ·B % .· ------ -•:,,l ,••, I .•·• . ·: '"·· C:. <t S.F. ______ S.F . _____ S.F. .. ·-s.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F . S.F .. ---- ______ S.F. ______ S.F. ______ S.F .' S .F. 0 S.F. 7R.Jo S.F. 0 % A B .s f.rli CeNl€ I -/7-0tJ/ l-11-00 ~~v-J.cou~ HARDCOVE~LCULATION WORKSHEETJ-27-o e,; t.il/Jllrf. /VfJ SETBACK ZONE: (CffiCLE ONE) ~ 75-250' 250-500' 500-1000' 1 .. /111i1., EXISTING HARDCOVER IN ZONE J'IJU7'/I /J A 't . . A. House ______ x ______ = -----,-____ S.F. Length X X X B. Garage X ·c: Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A. House Length X X X X Width ------ Width C. Driveway A/G W x <SX.I frJµ &.. ( IO.>O ~F. r, 4( ~ &1 fJl/(IJ) €X ✓f-r/A/C c,1 T', A.tJA~ IJ' IJOT 1µc,uP61J D. Sidewalk ______ x E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B ----- 13 = S.F. S.F. S.F. S.F. S.F. S.F: S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 = % = S.F. S.F. S.F. .. ---s.F. '" 0 S.F. 5'to S.F. S.F. S.F. S.F. S.F. S.F. S.F. = S.F. = S.F. S.F. 5Yos.F. 87'10 S.F. X 100 = /(5", 1·s· % A B A B / r;:./ L &·€:/IL€ /--/ ?-DO B HARDCOVERCALCULA~VORKSHEET / 2--✓7-oo 500-1000' I\ "-v-d:t.ou-e..y SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE 3-27-e>o fl A. House B. Garage C. Driveway D. Sidewalk E. PatiofDe,.:k F. Landscape Underlain By Plastic Or Fabric G. Other X Length X X X X X X X ---- X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A. House ______ x C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other £~ TJ Length ·--- C.,.U,( l lf X X X X X X X X X X X X X TOTAL HARDCOVER Il,1 ZO~'E TOT AL PROPERTY AREA IN ZONE A ______ + B S.F. ------ Width ______ S.F. = S.F. ------S.F. ------ S.F. ------ ______ S.F. ____ -,--_S.F. S.F. ------______ S.F. S.F. ------= S.F. ------ S.F. ------______ S.F. S.F. ------ S.F. S.F. A S.F. B X ]00 = % :J26a· S.F. Width ./60 S.F. S.F. ... S.F. 0 S.F. = /370 S.F. S.F. /3/0 S.F. S.F. / .(j/'7 S.F. = S.F. S.F. S.F. = S.F. ?os.F. 5185s.F. A X 100 = ----- IS~l?o S.F. B ' Y3 .?~ % °/triA( ,'//ftf.()Ctli/Gt<. : 571 S J 4 r, T<77,t'---""-~~rnr := 2..J1 no f'., r. 13 = 23,92.'7" ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 486 Elaine Erickson, Continued) Haw tated the Applicant needs to address the drainage concerns and reduce structural coverage. Hawn i icated she does not have a problem with an attached garage. Kluth comm ted the driveway is not a major issue in his opinion. Hawn remarked e Applicant may have some issues with snow removal as well. Anderson commente he road was not constructed as it was originally platted and should be located further uphill. · Weinberger stated the City ineer can review the drainage and grading plans prepared by the Applicant's engineer and make hatever recommendations are necessary. Weinberger noted the City Engineer normally does not out and review the site. Gaffron pointed out it would be hard t ell the viability of the tree at this time of year, and suggested the Applicant hire a tree service to look the tree and make some recommendations on what should be done. Hawn suggested the application be tabled. Anderson requested the matter be tabled. Hawn moved, Kluth seconded, to table Application # 86, Elaine Erickson, 1270 Spruce Place, to allow the Applicant time to revise their plans, bmit a grading and drainage plan, and to address the issues with the damaged tree. Gaffron inquired whether the Applicant will be allowed to keep the proposed 16 percent. Hawn stated the Planning Commission typically does not allow structural c verage to exceed the allowable 15 percent. Hawn stated it is hard to determine the exact amount hardcover being proposed at this time, which will need to be recalculated. Gaffron suggested the Applicant lower the deck below six feet so it will not be coun structural coverage. There were no public comments regarding this application. (#6) #2559 GILBERT GEHLE, 1392 BALDUR PARK ROAD -VARIANCES, 8:28 p.m. -9:15 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gilbert Gehle, Applicant, was present. Weinberger stated the Applicants are requesting hardcover variances to permit hardcover in excess of 25 percent within the 75-250' lakeshore setback and to permit hardcover within 75' of the south lakeshore. A variance is also required to permit a small amount of regrading within the south 0-75' lakeshore setback for a driveway. Page 10 C J of 5 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 Gilbert Gehle, Continued) Weinberger noted this property has appeared before the Planning Commission on a number of times for various variances over the years. In August of 1998, the City Council approved hardcover in the amount of 5,725 square feet in the south 0-75' setback and the 75-250' setback due to the fact the property is located on a peninsula and has two 0-75' setbacks. In April of 1999, the City Council approved 5,606 square feet of hardcover in the south 0-75' setback and the 75-250' setback, which is 119 square feet less than the first approval the previous year. Weinberger stated the property presently contains an existing residence and detached garage. The garage and driveway will be removed but will continue to utilize essentially the same access point that currently exists. Weinberger noted any change in access to the property would require variances due to the access to the property being located within the southerly 0-75' zone. Staff would agree that this limited access does place an undue hardship on the property. The proposed development meets all setback requirements. Weinberger stated the hardcover variances are related to the size of the proposed house, with the need for a variance being minimized in the 75-250' setback by a reduction in the size of the house. The southerly 0-75' hardcover variance as proposed is the minimum necessary to permit a driveway, and this is a factor unique to the property. Staff is recommending that no mature trees be removed within 75' feet of the lakeshore. Weinberger noted the proposed driveway location may require some loss of natural vegetation. City Staff is willing to work with the Applicant on the alignment of the driveway to help prevent any loss of mature trees. Gehle indicated he would like to have a walkout in the front, noting that the vast majority of the houses on the lake have a walkout. Weinberger stated Exhibit D shows a two story building with the lowest story being part of a walkout. The Applicant is not proposing to do any grading within 75' of the north lakeshore. The City's Comprehensive Plan discourages any changes to the natural grade along the lakeshore, which would occur if any grading should take place within 75' of the north lakeshore. Weinberger stated the proposed hardcover on the property is 5,738 square feet, which is 4.3 square feet short of the allowable 25 percent. Gehle stated he is willing to raise the elevation of the house if necessary, but would like to avoid that due to aesthetic appearances and creating a pedestal type look. Gehle pointed out a large amount of grading has occurred in the past in the middle of the lot, with a knoll existing by the trees. Gehle stated he would ike to retain the trees and reduce the knoll if possible. Gehle stated it will be necessary to remove one to two trees in order for the proposed driveway to be constructed. Gehle stated he would like to construct a front loading garage. Hawn inquired whether the Applicant was proposing to construct a path to the back side of the garage. Gehle stated the existing garage and driveway will be removed and replaced with vegetation. Weinberger stated he has a concern with the areas that are proposed to be redone, noting Staff was not informed they would be driving across the lawn. Hawn inquired whether there was any public comment regarding this application. A resident on Baldur Road expressed some concerns regarding potential drainage issues that may be created as a result of this project. Page 11 C 2of5 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 Gilbert Gehle, Continued) Hawn inquired whether any drainage problems currently exist. The resident stated no. Weinberger stated any proposed retaining wall will need to stay within the allowable hardcover. Kluth inquired whether any grading is proposed in the north 0-75'. Gehle stated they do not plan on doing any grading in the north 0-75' setback. Gehle commented they may place some paving stones down to the lake, but will limit the hardcover to a minimum. Kluth commented the issues are the proposed hardcover in the south 0-75' and the 75-250' setback. Kluth recommended the Applicant keep the concerns of the neighbor in mind when doing any grading. Hawn inquired whether a large amount of grading will be necessary once the existing house is removed. Gehle stated some fill will be needed by the garage. Gehle stated the elevation of the house will dictate how much fill is required. Smith noted the City did not allow any grading within the 0-75' setback on the two previous applications. Hawn stated she would like to know the specific amount of fill proposed to be used as well as the amount of grading to be completed on this property. Gehle requested the Planning Commission consider allowing him to change the contour of the land within the 0-75' setback area and to allow him to keep the house at a reasonable level. Gehle stated the ideal situation would be to lower the house and do the grading that was previously approved. Hawn stated the Planning Commission would be more comfortable knowing the exact amount of fill to be moved as well as the grading that is being proposed. Hawn stated the Planning Commission needs to know the impact to the grading and drainage before they can approve the elevation of the house. Kluth stated he is not fully aware of what was previously approved. Gaffron stated his recollection of this application is that the two large trees on top of the knoll were approved to be cut down, as well as the knoll. Gaffron commented there were no proposed changes to the grade in front of the house, with the City requiring a land alteration permit in the 0-75' setback to allow for the placement of fill after the structure is removed, with the contours on either side being matched. Gaffron commented the Planning Commission needs to be cautious about changing the contour of the property in order to create a walkout. Gehle stated he was unaware he would need the figures for the amount of fill to be moved tonight. Weinberger stated in the previous application the owners were proposing to return the land back to its original natural contour, with the elevation of the house remaining the same as the previous house. Hawn indicated a conditional use permit is required if the Applicant plans to move more than 500 cubic yards of fill. Page 12 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 Gilbert Gehle, Continued) Gaffron noted City Staff has not received any formal grading and drainage plans on this property. Gaffron stated the Applicant needs to submit a plan showing the proposed drainage and grading. Kluth suggested a restriction be placed on this application limiting the amount of grading or table the application to allow the Applicant time to submit a grading and drainage plan. Weinberger stated City Staff has just received this plan recently, with the present plan showing some grading on the property. Staff had understood the Applicant would be working within the existing grades on the property nor did Staff anticipate any grading beyond what would be necessary to create a natural walkout in the area. Hawn inquired whether the Planning Commission was in agreement that grading should occur on this property. Nygard stated grading was not approved in the previous application. Kluth commented it is difficult to determine what people mean by a little fill without the exact figures being spelled out. Hawn commented it is unclear what is meant by restoring the natural contour without it being further defined. Gaffron stated the existing house is proposed to be removed, with the existing foundation being filled in to match the surrounding contour of the land, which returns the land back to its original state prior to construction. Gaffron commented some grading may have occurred on the site prior to construction of the original residence. Gaffron stated the Applicant is not allowed to do any grading within the 0-75' setback. Weinberger stated grading within the 0-75' setback requires a conditional use permit, which has not been applied for, as well as additional variances. Weinberger inquired whether the Applicant still wished to continue to work within the existing grades on the property. Gehle stated he would like to work within the existing grades. Gehle stated he is not proposing to do any grading within the 0-75' setback. Hawn inquired whether the Applicant is agreeable to maintaining the contour of the land as it presently exists. Gehle indicated he is agreeable to that. Hawn inquired whether that would be agreeable to the Commissioners. It was the consensus of the Planning Commission that the Applicant should stay within the existing contours of the land. Weinberger stated in the two previous applications, the applicants were given credit for the hardcover in the south 0-75' setback. Weinberger stated it would be acceptable to Staff to keep within the existing contours of the land. Hawn stated she would be reluctant to approve any additional hardcover over what has been previously approved in the O'Keefe application. Weinberger stated O'Keefe was approved at 5,725 square feet in the south 0-75' setback and the Page 13 ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 (#2559 Gilbert Gehle, Continued) 75-250' setback. Weinberger stated this proposal exceeds what was approved in the O'Keefe by 13 square feet. Gehle stated he would be willing to reduce the patio. Hawn indicated she would like to see the patio reduced to meet the same percentage that was approved in the O'Keefe application. Hawn stated she is willing to allow the contours of the land be restored, with no additional grading to accommodate a walkout, the existing garage and driveway to be removed, hardcover reduced to 5,725 square feet, no tree removal in the 0-75' setback, with the understanding the adjoining properties will not be negatively impacted by any drainage and grading, and submittal by the Applicant of the appropriate drainage and grading plans to City Staff for their review and comment. Hawn stated the Applicant will also need to work with City Staff on the issue of the placement of the driveway. Gaffron stated in his view that encompasses the issues. Hawn moved, Smith seconded, to recommend approval of Application #2559, Gilbert Gehle, 1392 Baldur Park Road, with the understanding the Applicant will submit a grading and drainage plan to City Staff for their review and comment subject to the grading being limited to restoration of the existing contours of the land, with no additional grading being allowed for a walkout; hardcover being reduced to 5,725 square feet in the south 0-75' and the 75-250' setbacks; the existing garage and driveway being removed, with the Applicant working with City Staff on placement of the new driveway to avoid the removal of mature trees; and further subject to no removal of trees within the 0-75' setback. VOTE: Ayes 4, Nays 0. (# 2561 FRANK AND BARBARA PETERSON, 1261 ARBOR STREET -VARIANCES, 9:18 p. . -10:00 p.m. The Certifica of Mailing and Affidavit of Publication were noted. Barbara Peterson, Ii. licant, was present. Bottenberg stated the App nts are requesting variances to permit the construction of a 28' by 32' detached garage on e northwest corner of their lot, which will be accessed from Minnetonka Avenue. The prope currently does not have a garage. The proposed garage will be constructed where parking space is c ently located. The shape of the lot is such that it does not allow for the garage doors to face away m the street. Bottenberg stated the property lies within 1,000 et of French Lake, with the amount of proposed hardcover not exceeding the allowed 35 percent. ttenberg stated the detached garage will increase the structural coverage from 10.9 percent to .3 percent, where 15 percent is allowed. A variance is required to allow the accessory structure to located five feet from the rear property line where 15 feet is required. A variance is also needed to w the doors to be 20 feet from the traveled paved roadway where 30 feet or more is required and a ariance to side street yard setback to permit the proposed garage to be located 1 O feet from the side s et lot line where 50 feet is required. Peterson presented the Planning Commission with pictures of other sheds an arages that exist in her neighborhood. Peterson inquired whether the 15 percent structural coverage · it is geared towards lakeshore properties or to the City at large. Page 14 C 5ofS I I I D ~ TO: FROM: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner Pl ~V\\'\, \I) J 'I<~ por+ DATE: February 18, 2000 SUBJECT: #2559 Gilbert Gehle 1392 Baldur Park Road Variances -Public Hearing Zoning District: Lot Area: LR-IC 31,760 960 30,800 One Family Lakeshore Residential District(½ Acre) square feet (0.73 ac.) square feet -traveled portion of Baldur Park Road square feet-lot size (0.71 ac.) Application Request for hardcover variances to permit greater than 25% hardcover in the 75-250' lakeshore setback and to permit hardcover within 75' of the south lakeshore. A variance is required to permit a small amount of regrading within the south 0-75' lakeshore setback for a driveway . List of Exhibits A Application B Hardship Statement C Proposed Site Plan D Lakeside Elevation E Approved Site Plan (April 26, 1999) F Approved Site Plan (August 24, 1998) G Resolution No. 4273 H Resolution No. 4143 I Hardcover Calculation Worksheets J Property Owners List K Plat Map #2559 Gilbert Gehle 1392 Baldw· Park Road Variances 2/23/00 Page I Pertinent Facts Lot area excl. traveled road= 30,800 s.f. = 0.71 ac. (Exceeds 0.50 ac. min. requirement) Lot width= 97.5' at shoreline, 113' at 75' setback (Exceeds 80% of 100' min. requirement) Section 10.03, Subdivision (6) (A) In 11 R 11 Districts of One Acre or Less and With Public Sanitary Sewer a lot of record existing upon the effective date of the Zoning Chapter in any 11 R 11 District up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. The proposed development does not include the existing garage and driveway as shown on the survey/site plan attached to this report as Exhibit C The proposed development meets all setback requirements: Lake setback Street setback W. side setback E. side setback Hardcover Calculation Lake Setback Total Area in Existing Setback Hardcover 0'-75' (North) 7,830 s.f. 0 s.f. 0'-75' (South) 7,780 s.f. 1,170 s.f. (15.0%) 75'-250' 15,190 s.f. 4,420 s.f. (29.1%) Reguired Pro:gosed 75' 80' 30' 84' 10' 17.5' 10' 20' Allowed Proposed Variance Hardcover Hardcover Requested none 0 s.f. none (0%) none 540 s.f. 540 s.f. (0%) (6.9%) 3,797.5 s.f. 5,198 s.f. 1,400.5 s.f. (25%) (34.2%) Proposed Lot Coverage by Structures= 3,428 / 30,800 =11.1% (Meets 15% limit) #2559 Gilbert Gehle /392 Baldur Park Road Variances 2/23/00 Page2 7~ ( / i] \ 1 /' Background The existing house was built in 1910 according to tax records. The detached garage was built in 1973. A variance was granted in 197 5 for an addition to the house and basement replacement. In 1989 a variance was granted for 4,940 s.f. hardcover in the 75-250' zone and 1,893 s.f. in the south 0-75' zone (totaling 6,833 s.f.) for replacement with a new residence. The City Council has approved two land use applications on this property to permit removal of the existing structures and new construction on the property. Zoning Application #2370 Gary O'Keefe-Resolution No. 4143 (August 24, 1998) approved the following: 5,725 s.f. hardcover in the South 0-75' setback and the 75-250' setback. The rational was the property is located on a peninsula and has two 0-75' setbacks. Since the south 0-75' setback is required for access to the property and is separated from the lake by Baldur Park Road it was included for the calculation of hardcover on the property. Zoning Application #2457 David and Paula Lindberg --Resolution No. 4273 (April 26, 1999) approved the following: 5,606 s.f. hardcover in the South 0-75' setback and the 75-250' setback. The total was 119 s.f. less than the approval for the O'Keefe's the previous year. ANALYSIS The property contains an existing residence and detached garage. That residence could potentially be expanded without variances. Any change in access to the property would require variances due to the access to the property being located within southerly 0-75' zone. Staff would agree with the applicant this does place an undue hardship on the property as the only driveway access is within 75' of the lakeshore. Hardcover variances are related to the size of the proposed house. A smaller house and garage could result in a reduction in the magnitude of the hardcover variance in the 75-250' zone. The southerly 0-75' hardcover variance as proposed is the minimum necessary to permit a driveway, and this is a factor unique to the property. Staffs primary concern is the preservation of mature trees within both 0-75' lakeshore setbacks. It is the Staffs position that no mature trees shall be removed within 75' of the lakeshore. The proposed driveway location may require some loss of natural vegetation. #2559 Gilbert Gehle 1392 Baldur Park Road Variances 2/23/00 Page 3 Past approvals have considered the overall hardcover on this lot assuming the southerly 0-75' setback, excluding the traveled area of Baldur Park Road, is added to the total area of the 75-250' setback. If the Planning Commission feels the same conditions apply to this latest variance request it could be assumed the same consideration may be requested on lots similar in character throughout the City. Although this condition only applies to a small percentage oflots in Orono. Surrounding Properties Applicant's lot is larger than most other lots in the neighborhood. It also is the highest lot in the neighborhood. The character of this neighborhood has evolved over the last 15 years as small summer cabins have been replaced by year round homes. None of this upgrade has occuned by combining two properties, so the applicant's existing double lot is somewhat unique. The proposed house would not be substantially greater in footprint area than other homes in the area. The house is similar in height to other homes along Baldur Park Road. The lake elevation (Exhibit D) shows a two story building with the lowest story being part of a walkout. It is the understanding that no grading within 75' of the north lakeshore has be applied for. Both recent applications have not allowed any grading within the lake setback. Grading within 75' of the north lakeshore would not preserve the existing natural appearance of the lot. The Comprehensive Plan discourages any changes to the natural grade along the lakeshore. Walkout entrances toward the lakeshore also expose more of the structure to lake users and thus promotes an unnatural appearance. Issues for Consideration 1. The applicants hardship statements are attached as Exhibit B. The amount of hardcover requested with this latest proposal is slightly greater than the two most recent approvals. However, this application has the least amount of driveway hardcover in the 75' lake setback. The hardcover has been replaced with a larger house than the most recent proposal. 2. The plan appears to not direct new stormwater flows toward the neighboring properties. It would also be helpful to know whether the grading plan requires any impo1iation or exportation of fill, or if it's balanced between cuts and fills. Any approval should require the standard erosion control requirements. The intent of the property owner is to lower the house slightly which will soften the view of the house from the lake. 3. The proposed hardcover on the property is slightly greater than the two most recent approvals. The total hardcover proposed on the property 5,738 s.f. is 25% of the total land area within the southern 0-75' setback added to the 75-250' setback. #2559 Gilbert Gehle 1392 Baldur Park Road Variances 2/23100 Page4 Staff Recommendation 1. Staff recommends approval of a hardcover variance for the southerly 0-75' zone to accommodate a driveway. The variance to allow hardcover in the 75-250' zone for a complete rebuild is not necessarily in keeping with the City's normal practice of holding new construction to a higher hardcover standard. The primary factor that supports some degree of hardcover variance is that the 75-250' zone is reduced in size by having lake on both ends of the lot. The fact that so much hardcover will be required to accommodate a side loading garage suggests that hardcover might be reduced by having an end-load garage, but due to topography it would have to be at a lower level to end up with a reasonably sloped driveway. It is possible to construct a reasonable sized house on the property without requiring the amount of hardcover proposed. The lot is a standard lot based on lot area and lot width. 2. The survey indicates the existing garage is to remain on the property. The applicant has been advised the garage would be required to be removed simultaneously with the existing house. In addition only one curb cut is permitted on an individual lot. Options for Planning Commission Action 1. Recommend approval of the variances to permit no greater than 25% hardcover on the southern 250' of the lot, excluding the portion of the property that is used for the road. 2. Recommend conditioned approval on preservation of existing mature trees, or develop a restoration plan if necessary and no greater than 25% hardcover. 3. Table. 4. Recommend denial. #2559 Gilbert Gehle 1392 Baldur Park Road Variances 2/23/00 Page 5 CITY OF ORONO -V ARIAl'iCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATIO~ r;) I J Site Address /3z2 /5a1)0e f"c;'t-{' /Cf) Application # :L6?59 Date Received , // S/oO Amount Paid 1Pi9-?-V,Oo Property Identification Number (P.1.D.) V8 -11 ·7. 23 3 i 000 3 Attach legal description to application if not included on required survey. A Date PropeftY...._Acquired ___________________ (month/year) I (do) (~~fyalso own the adj~cen~ parcels of land. . So':-';:'c·~--r_";~ _A,:~--/,,,J //V-~<L>k Present use of property: __ res1dent1al V other (specify) /\/,.;• 1 c~cc 1.p ;< c Zoning District: L R -1 C ? APPLIC~T/~ /·, Phone (home) 1/l';;/1/--C:;.?.1/t"' Name ~er' ~#-c:;../t..f Phone(~rk) o/1/7-c.,,33<-/ Address: f:38:Q ,,L"¼::lv'/·-tr1 City: &°&'r~1l.,,,l-r,~'u? Zip: %.3'-/7 OWNER (if differe2=:zan applicant) Phone (home) _______ _ Name . ~..,_ e'....e,.__ Address: --.b:.'=-:;::;-~ VARIANCES REQUIRED ..-> #" Lot Area tfi:P Lot Width Setback: Front Side Phone (work). _______ _ City: ________ Zip:. ____ _ o-75 1 ~·1.SO / Hardcover Rear __ Lot Coverage Average Lakeshore __ Other (specify) ______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ (attach additional sheets if necessary) 6 ~ ... , .. ,...~ Land Use Hardship for 1392 Baldor Park Rd., Orono, MN This lot is particularly hard to develop for several reasons. The following issues should be considered: 1. Waterfront setbacks exist on the front and back of the lot. This allows for a very small total square footage to calculate hard cover. There is a pre-existing road on the south side of the lot which renders that waterfront unusable. We request that the 7 5 foot setback not be enforced from the roadside of the lot in order to calculate total square footage for hard cover. I believe this was done for previous applications on this lot. 2. A profile view of this lot shows evidence of previous excavation in the center of the lot to build up the land height towards the north waterfront. This buildup extends well inside the 75 ft. setback and results in high crown with a fairly steep slope running the length of lot to the waterfront within the setback. This crown is unnaturally higher than the adjacent lots. The previous excavation also results in an unnatural depression in the center lot where improvements are proposed. We have no intention of changing the overall slope and contour that exists on this lot within the waterfront setback. Some slight modification to the highest portions of the lot contour may be required within the setback area in order to blend the contour to the proposed new house. Efforts will be made to minimize these modifications within the setback area as shown on the lot plan. An alternative would be to allow for excavation down to approximately level 936 at approximately an 85 ft setback and level excavation out to intersect the existing contour at that level within the waterfront setback. This would return the lot to a more natural hill and keep the new house from appearing to be on a pedestal. 3. Consideration should be given to allow for approximately 60 sq. ft. oflevel landing area near the waterfront to allow for safety and accessibility from an access way from the house approaching the dock area. 4. In an effort to minimize the hard cover area proposed we request the driveway be moved to the west side of the lot as shown. This will maximize the lawn/soft cover and improve the drainage situation. Additional healthy trees can be placed around the pre-existing garage structure to compensate for any storm damaged trees lost for the driveway. This will also allow us to return the previously excavated area to the natural slope while improving drainage from the current contour. 5. Every effort should be made to allow the existing garage to remain. This will blend favorably with surrounding properties and eliminate the need for additional grading and fill. Exemption from hard cover calculations is requested since this area of the property is not being changed. B PI <\~Y\,n j ComM,ss\lTY\J -(..1 i3lno co co "' ~ ~, I"-.. ,._. LAKE · 928 · .. 929.-4 CONTOUR LINE . ~· . -. ·--t-~-. 932 . . I _·_, __ 9 J 4 6· ·20-2.3~ .oo>• E · 100.00~:.: .• -_;,; . S. 4·· -----------, . .,..______ ,...._... . -,. ---':::1,3 ' .. . '-, ._,,. 6 'i-'{ .· .· : .. • ' ' 9-.,().~0'1 : : ,-t:·, .. ,";-JP #' .. -9,t \~<'.: I . . ' 'op "\ ' '.2-~ ,"<.. I ---~... .. \; '·· ,, ' ' <c:i . t... ~ ~... : --.. - ,S'' I ~~. .9... . ' "(S : r.f' ;IP· . ' I 'l! I>-'.? . , . IN(. I Jlfl3> : .7~ Fi.• SETBACI< l,. 1 ttfy. \ \ --.,-.:,;;:::::;;:-=;: -~ 'i ' I --;,_:r---p , ,___.:;,, tr.o,.. _..,.i___._---.:-.. ~ .... ..______ ~,_ \ "'"-'<:ff ~ ~ I 111.0 k':I' o.o ~ , •. . . . . . . ' .. . " 10.0 ' 20.3 bt M--0 • <?.'?:-o'?0 : · • ., y.o'VS~ ~~~-........ ~ 5.o .... ici.6 ... ------~ I 'o l .. --.. .. . . -. ~IJ.o-• ~, ! . , 1 I .. .92,6 , . \ · . -; . : , q"'J~ I•· ,· ~ , I --r--wic:..::_ .8 ' ·----"=..JI . I I I I I I I I I I . . ... I. I I I I \ C ++·· --.. ('-J ~ "' ' : ·o O······--.... ,-- l.() 0 ('-.. iN (/) ,; ... I\ ~ , ' ... r,---- . I -_il :L n-.-~rr·., J ~ • ... . 'l . I' i ·-~=~L ... I ! '--~-L. ; r . D ' ;") ,,, ... J , .. ' ... ... ... .... ' I••• ' ...: ~ -..... .,, ... .. LAKE .... -9:-fi .. ... .J ~ ,, I I I OAr7..' Q MINNETONf<A E ~-·. .... . .. -~. - IO ii ~ ~ 'i.~ I - ~ iB g\ w~ -~ -~ .. -II) 0 lt) ~ -:z:-~. .. .. -... ' .... \ \ .... ,, \., .. \ ~ \ \ \· \ \ \ ii •, ·- O" w . . ··" •. /" '· ,. ,------..;.~ I ; ·.: , i ·u----;,;,··.!'.!.'.?i t, : • .. :•~~.,----· l I I ,~ r. ... •- 5,725122,900 = 25% \J 1,. .. 1·-: -~-~~--I --·--'-"-'··-·=:........ J -----~ ~ s: ·~· .. ,----. ·,--~:. ___ ·-·-... ·--~ J:;C ~ ·- .. -·-·---~ I ---· I 2,440 sf 680sf 360 sf \ .2.2fuf 5,725 sf ·'· ., ~q ,, ) C.; : (. ( .. ~ L F &x?h1s,,A ~£.-,A-~.14 -., ,.; CITY of ORONO RESOLU:l~.N O~T~~:_!IJY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDMSIONS 1 AND 2 AND SECTION 10.56, SUBDMSION (L) (1&2) FILE #2457 G WHEREAS, David Lindberg and Paula Lindberg (hereinafter "the applicants") are owners of the property located at 1392 Baldur Park Road within the City of Orono . (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, 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 public hearings on February 16, 1999, March 15, 1999, and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and \VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2) to permit hardcover for a driveway in the southerly 0-75' setback and new construction of a house in the 75-250' setback where 3,797.5 sq. ft. (25%) hardcover is allowed where 4,556 sq. ft. (3 0%) is proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2457. 2. The property is located in the LR-lC Zoning District, where 1/2 acre is the minimum lot area. The property consists of .729 acres or 31,760 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999, and recommended approval on a vote of 6 to O. 4. The Planning Commission made the following findings of fact Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL Ll (') po; 0) NO. __ ..;:_· .. _~_,..:_,."; -•-'--.:1 __ _ A The property conforms to the minimum lot width at the 75' setback, where 100' is required and 113' exists. B. The proposed new construction removes hardcover in the northerly and southerly 0-75' setbacks. C. The proposed plan reduces the total amount of hardcover on site. D. The proposed plan meets the average lakeshore, lakeshore, and side yard setbacks. E. The proposed plan conforms to the structural lot coverage requirement. 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 applicants, 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2) to permit construction of a new residence with hardcover in the southerly 0-75' setback at 8.7% where none is allowed and 30% in the 75-250' setback where 25% is allowed. Approval was subject to the following conditions: 1. Applicants are advised that any changes to the plan dated January 20, 1999 and most revised April 5, 1999 by Coffin & Gronberg, Inc. will require reconsideration by the City Council. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 13 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 3. 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. 4. The undersigned applicants have 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 chai!l of title of the property. Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a :tvlinnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _L'l_.1:_~_-, _~_;' _3 __ ~_ On this __ day of ________ , 199_ before me a Notary Public within and for said county, personally appeared _________________ _ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 199_ before me a Notary Public within and for said county, personally appeared _______________ ___a.. __ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 4 :-1 A RESOLUTION TO AMEND RESOLUTION NO. 4128 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 -FILE #2370 H WHEREAS, Gary O'Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and 'WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work i~ normally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #23 70. 2. The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 !:1 -"' 3. The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75' lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27, 1998. 4. On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which would reduce the hardcover associated with the house and driveway footprints in order to allow the addition of a patio while not exceeding the 5,725 s.f. hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower storage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 6. 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. Page 2 of 6 CITY of ORONO RESOLUTION OF;. TlHE Cl,JY COUNCIL . NO. .~ 4 u 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use . of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved revised site and hardcover plan attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2. Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 143 3. The revised plan which eliminates a third garage stall at the upper level, incorporates a storage garage below the remaining two stalls, and reduces the footprint of the house in order to allow construction of a patio, is approved subject to a condition that no hardsurface or driveway may be installed to the lower storage area. 4. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. 5. Site grading within the northerly 0-75' zone with the intent to create a walkout situation shall not be allowed. Erosion protection as may be required by the Building Inspector shall be maintained at all times. 6. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (August 24, 1999). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 J Ll 3 Adopted by the Orono City Council on the 24th day of August, 1998. ATTEST: Linda S. Vee, City Clerk ◄=-=-==--=-· -. ..;._----+,c:=::::::--,,.--~ Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 143 ~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dz q+h day of CQfoh-e,-, 1998 before me a Notary Public ~thin and for said county, personally appeared /.,t,c,· ff. (} ,f.ec.-·-k1 nwcri'ed. , known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ________ day of ________ , 1998 before me a Notary Public within and for said county, personally appeared _______________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 " ,. . ) ,~ ...1-------.i~ .. '' ----_I ,u>PR0\f1,'D UA,RDco~R: 0,-15' North: ~oNB ------... , , .. , ... ,.,-is· ., .......... 11 ..... ~, uouse t-.ttacned i-stall G~e Sto-Oll• '1/'<UkS lll\d pauo Dn"e\11'3'1 s,12s , 22,900 "'is•/• -:J:--, -~ .,.--~ ..... , .... .;. 1 I• ,._ .,-...... .. :s - e ')(/f\P., "' A f_;Hf,. , tJt. !.: ,.i ., ,. ., ·' -~ ... "!! ::; ' . ' ~-' \ 1'. --. ·---.J I ( ).. I I .f r----... -- I t q ,, ~ ~ I= I ---1,r=.I'.---~· I ~ I ·--r I I > .. . I . . ~-. ~ -' .. Cr/L C6Nl € I-/ 1-0o/ 2-11-ot' I 3· HARDCOVER CALCULATION 'WORKSHEET SETBACK ZONE: (CffiCLE ONE) @:) 75-250' 250-500' soo-1000• I O .f EXISTINGHARncovERINZONE J"~ui'II IA~r A. House ______ x B. Garage · C." Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other ungth X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A. House Ltngth B. Garage ( FXt J rJtJ~) . C. Driveway /VG W EX/ [r1uc:.. X X X X X X X Width Width €Xlfi"/.vC Cl r~ A.0,AI) If /JOT /J../((.t-f P6tJ D. Sidewalk ______ x X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 'r(U 1 = = X 100 = = = = = A ______ + B _____ x!OO = 13 ---,-____ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. ------ ______ S.F. S.F. -----.-.-c-... _S.F. -ll O S.F.Re.move.. 57'·0 S.F. /6'S't9 S.F. ke.mo'1 S.F. ------S.F. ------ S.F. ------S.F. ------ S.F. ------S.F. ------______ S.F. ______ S.F. / 71"05.F. A :fi7)'£ ~o/:· B 77go·sJ". e1'. J.()4.< 5~0 s.f. G,. Cf "7o GIL &:·€:/Ii.. € HARDCOVERCALCULA~VORKSHEET I _;I 'i-oo,. I '2--.II -O (} SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' EXISTING HARD COVER IN ZONE 500-1000' · ... S.F'!-o { 3 A. House B. Garage · c: Driveway . D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X . x X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B PROPOSED HARDCOVER IN ZONE. A. House ______ x C. Driveway D. Sidewalk E. Patio/Deck ,; ' ; F. Landscape Underlain By Plastic Or Fabric. G. Other Length X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A ______ + B Width = --.,-,,, ./; .. •' ~ • \J = _____ x!OO Width _____ xlOO = 13 ------ ______ S.F. S.F. ------S.F. ------ S.F. ------ ______ S.F . -----_,· S.F. ______ S.F. ______ S.F. S.F. ------S.F. ------ S.F. ------______ S.F. S.F. ------ S.F. ------ S.F. A ------ ------S.F. B ______ % 32. 6 .8 . S.F. ./Go s.F. S.F. ----. -.-.-..... S.F. fl (.3 s.F.Re Move. / 'I '-/0 .S.F. S.F. ------ /50 S.F. ______ S.F. .. I Bo s.F. S.F. ------ S.F. ------S.F. ------S.F. ------ S.F. ------ 5~.!I S.F. A J ..S., I ?o S.F. B -=3 2. 2·,71 % rt 5'\C\l_ Git.. Gflll f /-/J -oo HARDCO~CULATION 'WORKSHEET 2.--//-o o I SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000' 3 ·f·, 3 EXISTING HARDCOVER IN ZONE NoP..rH /,,(~r C, A. House ______ x ______ = ______ S.F. Length X X X B. Garage X ·c. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B PROPOSED HARDCOVER IN ZONE. A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A ______ + B Width = S.F. S.F. S.F. S.F. S.F. S.F: S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B _____ xlOO = % S.F. Width S.F. S.F. ..... -S.F. S.F. S.F. S.F. S.F. S.F. = S.F. S.F. S.F. S.F. S.F. = S.F. 0 S.F. A 7,f'.JQ S.F. B X 100 = -----0 % 13 ill RUN DATE 01/19/00 BATCH 502 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE. TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER · NAHE/ADDR 38 08-117-23 31 0001 01400 BALDUR PARK RD CHARLES B REID CHARLES B REID 1400 BALDUR PARK RD WAYZATA HN 55391 38 08-117-23 31 0004 01384 BALDUR PARK RD HD & J A VERSTEEG HARK D VERSTEEG 1384 BALDUR PARK RD WAYZATA AN 55391 38 08-117-23 31 0007 00038 ADDRESS UNASSIGNED WILLIAH J H FRANKLIN . WILLIAH FRANKLIN · 1730 NEW BRIGHTON BLVD HPLS HN 55413 38 08-117-23 34 0031 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARH 8402 BURROUGHS RD W DEER PARK WA 99006 38 08-117-23 34 0034 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 38 08-117-23 31 0002 01396 BALDUR PARK RD R J & HA WETT TRUSTEES RICHARD & HARGE WETT 1396 BALDUR PARK RD WAYZATA HN 55391 38 08-117-23 31 0005 01376 BALDUR PARK RD J WANG & D L BOTHWELL-WANG J WANG & D L BOTHWELL-WANG 1376 BALDUR PARK RD WAYZATA HN 55391 38 08-117-23 34 0017 01408 BALDUR PARK RD WILLIAH L/KRISTI B ANDERSON WILLIAH L/KRISTI B ANDERSON 1408 BALDUR PARK RD WAYZATA HN 55391 . 38 08-117-23 34 0032 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARH 8402 BURROUGHS RD W DEER PARK WA 99006 TOTAL BATCH 502 00013 REPORT NO. PI435401 38 08-117-23 31 0003 01392 BALDUR PARK RD PAGE 5 D LINDBERG & PR LINDBERG DAVID & PAULA R LINDBERG 1392 BALDUR PARK RD WAYZATA HN 55391 38 08-117-23 31 0006 00038 ADDRESS UNASSIGNED WILLIAH J H FRANKLIN WILLIAH FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN 55413 38 08-117-23 34·0018 01404 BALDUR PARK RD CHARLES AFFIAS ·CHARLES AFFIAS 2634 JERSEY AVES ST LOUIS PARK HN 55426 38 08-117-23 34 0033 00038 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX 418 NISSWA HN 56468 t\:)·:~· j ~ ·~..:-:r..:.: ,~ r"PI (:' :. \ -..::-./ r1sj•~-~ ~,\ co y 4 K 16 (25) ~~ Adjacent Property Owners' Acknowledgement Form I (we) _/'Vl_lJ_K2_6_t_· _Jl_, _W_t._Tt ___ of [print name(s)] /3 <J l /5~ J d IA--',,. ~ /cp , [print address] have"r?~ie):Y~d/ the,g~ans for the proposed improvement or proposed use of the property located at //J M v(/dvk',1~ 11'/ also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Property Owner Date ****************************************************************************** (Dwe) _/lf[{lfll_/J__~-~-7ft-~----of /:?B'f MdJu; P~;~ R~ [print narne&o [print address] have reviewed ::i plan~fo1e proposed improvement or proposed use of the property located at /?12 ~l{U.t~~ lso referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's ::~::::r 0 ~qW~ ~proval. Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2559, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of February, 2000. CITY OF ORONO 2750 K1lf1y Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 Affidavit of Publication State of Minnesota, County of Hennepin. 3ill Holm, being duly sworn on oath, says that he is 5. #2486 Elaine Erickson, 1210 m authorized agent and employee of the publisher Sprue, Place, requests lakeshore setback, . averag ·e lakeshore setback, lot coverage and )f the nev,,spaper known as THE LAKER, Mound, NEW BUSINESS hardcover variances to permit construction of "1innesota, and has full knowledge of the facts ~ a new residence on the property and a . . . . conditional use permit to permit grading h" h re stated belo • The Plannmng Comm1s 1son will hold_ --, within 75 feet.of ·the.lakeshore . -..•. -, -. N IC a W. public hearings In the Councfi ·Chambers at · · ' · · ·-· ' · ' ··· • , ",, -. · · I · .. _,,. . ·,, 2780-Kelley Par.kw~y ._.qn ::W.edn8:S'!!iYr.--::', h ,: -8 . ;1f.?559 <-Gilbert Gehle, 1 ;112 ~81ldO't. February 23, 20(?0, !>9g1nrnng at ~:30 p.m. on '. Park Road, requests a variance to e,1!~0'~ A ) The newspaper has complied with all the ·the maner of rev1ew1og .. the. followJl)g,lanll,.V~!l, i : square ,feet (8.68%) hardcover wlthln'175-Teet • applications: . of the lakeshore where no hardcover is requirements constituting qualifications as a OLD BUSINESS 1. #2547 Kimberli and William Abbott , ' 470 -Big Island, request after-the-fact variances to permit structure to be located within 75 feet of the lakeshore and · encroachment into the average lakes_hore 1 setback. The request includes after-the-fact · variances for hardcover in the 0-75 foot : lakeshore setback . . 2. #2551 Thomas Michael Randgaard, 2765 Shadywood Road , requests a conditional use permit to permit a 16 ' exten£ion of a permanent dock within · Carman's Bay of Lake Minnetonka . 3. #2556 Barbara and Collins Cavender, . having an interest in 1405/1395 Rest Point Road , request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District; a front yard setback variance ·10 permit .a 21.37' setback, where 35 '. is required; variances to permit hardcover in the 0-75 foot lakes ho re setback , where no hardcover is allowed; and variances to permit structure within 75 feet of the OHWL of Lake , ~innetonka, where no structure is allowed . 4 . #2558 Anthony Patterson, 1780 Shadywood Road, requests variances to ; permit the addition of a second story on .the ' existing residence and to replace a lakeside I _d~ck within the shoreland setback . allowed, and a variance to allow 5,380 square feet (35 .42%) hardcover in the 75-250 foot qualified newspaper, as provided by Minnesota lakeshore setback where 25% .hardcover Is allowed, to permit a new residence to be Statute 331 A.02, 331 A.07, and other applicable constructed on the lot. · I d d aws, as amen e . 7. #2560 Gary Marquardt, 2617 Casco Point Road, requests variances to allow 3,557 .5 square feet (27.95%) hardcover B ) The printed in the 75-250 foot lakeshore setback, where • Land Use Applications 3,204.7 square feet (18.9%) exists and 25% is allowed , and a lot coverage variance to permit greater than 15% structural coverage _____________________ _ on the lot to permit construction of a 29'x24' • attached garage. which is attached was cut from the columns of said 8~ #2561 Frank and Barbara Peters.on, newspaper, and was printed and published once 1261 Arbo·r Street, request variances fro'!! each week for 1 successive weeks· yard setbacks and lot coverage to permit ----· con~tructbn of a 32'x28' de_tached garage to be located 1 O feet from the north property line. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited . Plans are available in the City Offices . For an appointment, please c~II 249-4600 . City -of Orono By: Planning Commission Paul Weinberger; · Administrator/Planner Zoning . . ·(Published in The Laker and Pioneer Feb . 5, 2000) \\:·,. It was first published Saturday the 5th day of February 2o_QQ_, and was thereafter printed and published every Saturday, to and including Saturday, the, ___ · day of _______ 20 __ ; ffe~edAgent Subscribed and sworn to me on this KRISTI HOLM NOTARY PUBLIC· MINNESOTA My Commission Expires J~. 31, 2005 (1) O 8 Cass 18 ra 8 paid by ronmiercial users for comparable space: $13.45 per Inch. (2) Maximum rate allowed by law for above matter: $13.45. (3) Rate actually charged for above matter: $7.49 per inch. Each additional successive week: $5.44. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, February 23, 2000, beginning at 6:30 p.m. on the matter ofreviewing the following land use applications: OLD BUSINESS 1. #2547 2. #2551 3. #2556 4. #2558 NEW BUSINESS 5. #2486 6. #2559 Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75 feet of the lakeshore and encroachment into the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-75 foot lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit to permit a 16' extension of a permanent dock within Carman's Bay of Lake Minnetonka. Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to p_ermit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District; a front yard setback variance to permit a 21.3 7' setback, where 3 5' is required; variances to permit hardcover in the 0-75 foot lakeshore setback, where no hardcover is allowed; and variances to permit structure within 75 feet of the OHWL of Lake Minnetonka, where no structure is allowed. Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the existing residence and to replace a lakeside deck within the shoreland setback. Elaine Erickson, 1270 Spruce Place, requests lakeshore setback, average lakeshore setback, lot coverage and hardcover variances to permit construction of a new residence on the property and a conditional use permit to permit grading within 75 feet of the lakeshore. Gilbert Gehle, 1392 Baldur Park Road, requests a variance to allow 750 square feet (8.58%) hardcover within 75 feet of the lakeshore where no hardcover is allowed, and a variance to allow 5,380 square feet (35.42%) hardcover in the 75-250 foot lakeshore setback where 25% hardcover is allowed, to permit a new residence to be constructed on the lot. 7. #2560 8. #2561 Gary Marquardt, 2617 Casco Point Road, requests variances to allow 3,557.5 square feet (27 .95%) hardcover in the 7 5-250 foot lakeshore setback, where 3,204.7 square feet (18.9%) exists and 25% is allowed, and a lot coverage variance to permit greater than 15% structural coverage on the lot to permit construction of a 29'x24'_ attached garage. Frank and Barbara Peterson, 1261 Arbor Street, request variances from yard setbacks and lot coverage to permit construction of a 32'x28' detached garage to be located 10 feet from the north property line. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. To be published the week of February 5, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office I I CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATIO~ r;J I C) Site Address /372 O(?l)vt}_ /"'~r A/) Application # :l f(fiC/ Date Received t !i&loo Amount Paid -IP &2-V ,O o ·-ti+ +o ~ / n /o o Property Identification Number (P .I.D.) V8 -117-23 3 t 000 3 Attach legal description to application if not included on required survey. Date Prope Acquired ___________________ (month/year) I (do) ( n t also own the adjacent parcels of land. ->7'7cvc,ru&2_. N:' N /1v .e ,.6tl:._ Present use of property: __ residential V other (specify) N° T CC L,:?} N ''cf 7 Zoning District:.--'l=-=--R"--___;_I ...::C=------------------------ APPLIC~T/; / / 7 Name ~ar . Gr l!&-/L(:. Address : Ba:;;z fa-"¼.:-kr 0 OWNER (if di ~icant) Name ~ Address: -· - VARIANCES REQUIRED Phone (home) 9-1/9 -Lil//? Phone ()¥,Q rk) ~7-0~39 City: C&,r,...1MA1-/l.LP Zip : %.3L-/7 Phone (home) _______ _ Phone (work). _______ _ City: ________ Zip :. ___ _ l/ .... Sl;~ • !" -~,~11~ .•·, ,, "cJ ,....,,, \f, #-Lot Area • . ~ot Width Setback: Front Side -- tJ -7 5 / 1 ~·'2.Sb v Hardcover Rear _Lot Coverage C~'~' . ~ ' Average Lakeshore -; · · __ Other (specify) _______________________ _ HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:, ________________ _ ( attach additional sheets if necessary) 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: I. _ Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 3. _,,/ Certificate of Survey (signed by a 11.censed surveyor) and include hardcover 4. L 5. __,,..c::- 6. // ~ 7. 8. calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). Lis~ of the legal names (include marital status) of all persons with an inter~st in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. . Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true J!f~e best of his/her knowledge. rJlA , ) Applicant's Signature ~--~ ,,~ _ ..... Date /, '/B c2cx~ OWNER'S SIGNATURE----------- The owner hereby acknowledges andagrees to this application and further authorizes reasonable entry onto th~ property by City staff, consultants, agents, Commission members, and Council members for purposes of in~~ of this request. , /~ /e,,-~ . Owner's Signature ~rf; _ -· Date ~/if~ "'2J <,.;..;-#---<:::" . ' -= / ~ >-....__ Applicant must have all submittals'·· inJo {the City offices 25 days before the Planning Commission Meeting. Planning Commiss¾ Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 \ Land Use Hardship for 1392 Baldur Park Rd., Orono, MN This lot is particularly hard to develop for several reasons. The following issues should be considered: 1. Watetfront setbacks exist on the front and back of the lot . This allows for a very small total square footage to calculate hard cover. There is a pre-existing road on the south side of the lot which renders that waterfront unusable. We request that the 75 foot setback not be enforced from the roadside of the lot in order to calculate total square footage for hard cover. I believe this was done for previous applications on this lot. 2. A profile view of this lot shows evidence of previous excavation in the center of the lot to build up the land height towards the north waterfront. This buildup extends well inside the 7 5 ft. setback and results in high crown with a fairly steep slope running the length of lot to the watetfront within the setback. This crown is unnaturally higher than the adjacent lots. The previous excavation also results in an unnatural depression in the center lot where improvements are proposed. We have no intention of changing the overall slope and contour that exists on this lot within the watetfront setback. Some slight modification to the highest portions of the lot contour may be required within the setback area in order to blend the contour to the proposed new house. Efforts will be made to minimize these modifications within the setback area as shown on the lot plan. An alternative would be to allow for excavation down to approximately level 936 at approximately an 85 ft setback and level excavation out to intersect the existing contour at that level within the watetfront setback. This would return the lot to a more natural hill and keep the new house from appearing to be on a pedestal. 3. Consideration should be given to allow for approximately 60 sq. ft. of level landing area near the waterfront to allow for safety and accessibility from an access way from the house approaching the dock area. 4. In an effort to minimize the hard cover area proposed we request the driveway be moved to the west side of the lot as shown. This will maximize the lawn/soft cover and improve the drainage situation. Additional healthy trees can be placed around the pre-existing garage structure to compensate for any storm damaged trees lost for the driveway. This will also allow us to return the previously excavated area to the natural slope while improving drainage from the current contour. 5. Every effort should be made to allow the existing garage to remain. This will blend favorably with surrounding properties and eliminate the need for additional grading and fill. Exemption from hard cover calculations is requested since this area of the property is not being changed. m RUN DATE 01/19/00 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME. TAXPAYER NAME/ADDR PROP ADDR OWNER NAME ' TAXPAYER NAME/ADDR UI PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 31 0001 01400 BALDUR PARK RD CHARLES B REID CHARLES B REID 1400 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0004 01384 BALDUR PARK RD MD & J A VERSTEEG MARK D VERSTEEG 1384 BALDUR PARK RD WAYZATA AN 55391 38 08-117-23 31 0007 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN ·wILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08-117-23 34 0031 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEER PARK WA 99006 38 08-117-23 34 0034 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 31 0002 01396 BALDUR PARK RD R J & MA WETT.TRUSTEES RICHARD & MARGE WETT 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 01376 BALDUR PARK RD J WANG & D L BOTHWELL-WANG J WANG & D L BOTHWELL-WANG. 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0017 01408 BALDUR PARK RD WILLIAM L/KRISTI B ANDERSON WILLIAM L/KRISTI B ANDERSON 1408 ~ALDUR PARK RD WAYZATA MN 55391 . 38 08-117-23 34 0032 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEER PARK WA 99006 TOTAL BATCH 502 00013 REPORT NO. PI435401 38 08-117-23 31 0003 01392 BALDUR PARK RD PAGE 5 D LINDBERG & PR LINDBERG DAVID & PAULA R LINDBERG 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0006 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08-117-23 34·0018 01404 BALDUR PARK RD CHARLES AFFIAS ·CHARLES AFFIAS 2634 JERSEY AVES ST LOUIS PARK MN 55426 38 08-117-23 34 0033 00038 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX 418 NISSWA MN 56468 Ill RUN DATE 01/19/00 BATCH 502 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH REPORT NO. PI43S401 PROPERTY OWNERS LIST . PAGE 6 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. . , r.i, 011 • A II n ·. "l DATE' ✓wv.Bl;tDBY (UC,.,{ ~ ------a:,,;,.,=-----=-- Gilbert H. Gehle 8852 Flesher Circle Eden Prairie, MN 55347 re: 1392 Baldur Park Rd., Orono, MN Janet, Enclosed is a check in the amount of $25.00 to cover the fee for 150 feet mailing labels which we discussed in a telephone conversation yesterday. Please send them to the city of Orono at PO Box 66 Crystal Bay, MN 55323. ,. CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. · 13 .04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit-or license requested . 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Middle Last ~ City State Zip 9 Phone r//" //'9 ~1/p Telephone (612) 249-4600 • Fax (612) 249-4616 9 ----oz -117-a 3 -c}i r 4 16 (25~ ~~i~ .. , I i I r .. · ~ -, . . ; '-.J r I . \ ' / \ \ \ \ \ \ \ \ ·, \ \ \. ·,. ~--·· -.J ' '!? . ..1 .•• (JI \ ~ ~ \ ·CS) :-1, -_,_. ;. __ ~ .-.• 'I- \ ---_..,"\.--.. ------------~--~ ~ \ \ fT1 ' \ \ \ \ \ \ I I i --- ......... ~ ' \, CD ' l.Q s ► ' 61 0 J?~ (f: ;,_ V \ A~-, ' \ \ --'r------~~.=.=:; \ '\ ..... :-,J: tn• ✓- ".'-..?. ,, 7.0 ~ ,, .... 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