HomeMy WebLinkAbout#2457 Scanned FileORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 26, 1999
(Lake Minnetonka Conservation District, continued)
Kelley suggested thatthe LMCD look at reducing their surplus and at. th.e sa.rne time revie'N how they
can lower their expenses. · · · · · ·
McMillan thanked Ron Moorse, City Administrator, for including an article in the City newsletter
regarding proper lawn care and spring cleanup for land located around Lake Minnetonka. McMillan
noted that phosphorus-free fertilizers are available for lawns.
PLANNING COMMISSION COMMENTS
Dale Lindquist , Planning Commission Representative, had no comment.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT
*{#G) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE -VARIANCE -
RESOLUTION NO. 4272
Sansevere moved, Peterson seconded, to approve Application #2444, Brian and Susan
Schebler, 1354 Rest Point Circle, and adopt RESOLUTION NO. 4272, a Resolution Granting
After-the-Fact Variances to Permit a Detached, Ground Level Deck Located on the Lakeside
of the Residence. VOTE: Ayes 5, Nays 0.
*(#7) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES/
CONDITIONAL USE PERMIT -RESOLUTION NO. 4273
Sansevere moved, Peterson seconded, to approve Application #2457, Paula and David
Lindberg, 1392 Baldur Park Road, and adopt RESOLUTION NO. 4273, a Resolution Granting
Variances to Hardcover and Structural Coverage to Allow Construction of a New Residence.
VOTE: Ayes 5, Nays 0.
*(#8) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH $HORE DRIVE -VARIANCES -
RESOLUTION NO. 4274.
Sansevere moved, Peterson seconded, to approve Application #2468, Bruce and Betsy
Nusbaum, 3480 North Shore Drive, and adopt RESOLUTION NO. 4274, a Resolution Granting
··•-· Variances to Hardcover and Structural Coverage to Allow Construction of a New Residence.
VOTE: Ayes 5, Nays 0.
*(#9) #2472 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD -VARIANCE -RESOLUTION
NO. 4275
Page4
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Assistant Zoning Administrator
Item Description: #2457 David and Paula Lindberg
1392 Balder Park Road
Variances
DATE: 4/22/99
ITEMNO.: /
Agenda Section:
Zoning
Zoning District:
Lot Area:
LR-lB
31,760
One Family Lakeshore Residential District (1 Acre)
square feet ( .22 acre)
Application: This application was reviewed at the February, March and April 1999
Planning Commission meetings. The Planning Commission suggested that the applicants redesign
their proposal to limit structural coverage to 15% and reduce hardcover.
The applicants are proposing to remove the existing residence to construct a new residence. The
property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in
the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'-
250' setback is requested to allow 4,556 sq. ft. (30%) hardcover where 3,797.5 sq. ft. (25%) is
allowed. The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250'
setback. The March plan reduced hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft.
The April plan reduces hardcover to 4,556 sq. ft. in the 75'-250' setback which is 30% where 25%
is allowed.
(The applicants have consented to waiving the 60 day review period for this application.)
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended by a 6 to O vote to:
Approve the variance based on the Staff Report with the condition no further variances for hardcover
will be granted on this property.
STAFF RECOMMENDATION:
A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south.
There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage,
with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic
consideration and design preferences are not considered hardship under state law.
COUNCIL ACTION REQUESTED
To adopt or amend the enclosed resolution.
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19, 1999
(#2468 Bruce and Betsy Nusbaum, continued)
which the Applicants are willing to reduce in an effort to keep structural coverage as proposed.
· Nusbaum indi.cated he has no comment regaroing his application. ·
Schroeder indicated the revised plan iS a definite improvementfrom the prior plan, noting that
structural coverage is only slightly over what is currently allowed with hardcover being reduced.
Smith inquired whether the Planning Commission would like to see the structural coverage be
reduced to the allowable 15 percent, which was the direction given by the Planning Commission at
their prior meeting.
Stoddard indicated he does not have a problem with the application as presented tonight, and
inquired whether approval of this application might set a precedent. Stoddard commented that in
· his view Country Road 15 does pose a hardship and the Applicants could possibly be given credit fo r
that hardship.
Hawn commented that she rarely will approve an application for new construction if the structural
coverage is over 15 percent, noting that if this application is approved, the Planning Commission is
not approving it based on the reduction in hardcover but on the hardships that exist on the property .
Hawn noted that County Road 15 and the high water table on this property do present hardships
to the Applicants, and that she would be inclined to grant the application reluctantly due to the
hardships that exist. Hawn indicated she was pleased that the Applicants have proposed to reduce
the existing hardcover on this property.
Lindquist stated he does not have a problem with this application .
Schroeder commented that Hawn raised a good point and that this application should be approved
based on the hardships that exist.
Smith stated that the revised plan is an improvement, but noted that some structural coverage could
perhaps be eliminated by reducing the size of the screened-in porch.
Schroeder moved , Lindquist seconded, to recommend approval of Application #2468,
34'3 0 North Shore D rlv e, to allow va r iances for n ew construction exceeding 15 percent
structural coverage and variances to hardcover in the 75-250' setback and 250-500' setback,
based on the fact that this lot is affected by County Road 15 and the high water table which
constitute a hardship unique to this property and are not found to be precedent setting by
the Planning Commission, and further subject to the stipulation that no new hardcover or
structural coverage will be looked upon·favorably by the Planning Commission.
VOTE: Ayes 4, Nays 2, Smith and Berg. Opposed.
4. #2457 PAULA AND bAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES AND
CONDITIONAL USE PERMIT
Paula and David Lindberg, Applicants, were present.
Weinberger stated the Applicants were encouraged to redesign their proposal to limit structural
coverage to 15 percent and to reduce hardcover at the prior Planning Commission meeting.
The Applicants are proposing ro remove the existing residence and foundation to construct a new
residence. Weinberger stated this lot has two sides located on Lake Minnetonka, so it does have
Page 3
ORONO PLANNING COMMISSION
MINUTES FOR APRIL 19, 1999
(#2457 Paula and David Lindberg, continued)
two 0-75' setback zones. The revised plan is proposing to have an attached garage, with the house
being moved more towards the center of the lot. The new structure would be completely out of the
0-75' setback zones, with fhe driveway requiring 1,050 square feet of hardcover in the 0-75' setback.
The plan proposes 1,808 square feet more hardcover than the maximum allowed by the ordinance,
but this lot, however, has two 0-75' setbacks. Weinberger stated that economic consideration and
design preferences are not considered a hardship under state law.
Weinberger noted that the Applicants have reduced hardcover on this lot by making the garage a
tuck-under garage, removing some of the proposed decks on the new structure, and reducing the
living space.
Lindberg had no comment on his application.
There were no public comments.
Hawn inquired what portion of the hardcover is comprised of driveway in the 75-250' setback. Hawn
indicated her recollection of the last meeting was that they wanted the Applicants to get the
residence to 25 percent with the driveway being excluded.
Weinberger stated total hardcover would be 3,786 square feet, with the driveway being 770 square
feet. The allowable hardcover in that zone was 3,797 square feet.
Lindquist indicated that the Applicants have complied with the request of the Planning Commission.
Smith inquired whether the hardcover would be under the 25 percent limit with the driveway being
excluded.
Weinberger stated hardcover would be slightly under the 25 percent.
Stoddard noted that this lot is three times larger than the lot in the other application.
Hawn inquired whether a permit would be necessary for excavation.
Weinberger stated a conditional use permit would not be necessary as the excavation would be
outside the 75' lakeshore setback and the amount of fill will not exceed 500 cubic yards. The
Applicants are allowed to receive a staff issued land alteration permit.
Lindquist moved, Smith seconded, to recommend approval of Application #2457,
1392 Baldur Park Road, as presented, to permit construction of a new residence with a
variance to hardcover in the 75-250' setback, a variance to the south 0-75' setback to allow
a driveway, and further subject to the stipulation that no new hardcover or structural
coverage will be looked upon favorably by the Planning Commission. VOTE: Ayes 6, Nays 0~
SCHEDULED PUBLIC HEARINGS
5. #2477 GEORGE STICKNEY, 250 AND 340 OLD CRYSTAL BAY SOUTH ROAD SOUTH -
CLASS Ill SUBDIVISION, 7:06 p.m. -7:32 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Page4
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
PHONE:(612)249-4600 FAX:(612)249-4616
TO: David and Paula Lindberg
3440 North Shore Drive
Wayzata, MN 55391
ZONING FILE #2457
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 4/21/99
------------------------------
COPIES TO:
________ , __________ _
TYPE OF APPLICATION: Variance
-------------------------------------------------------------
DATE OF MEETING: 4/19/99 VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as amended per Planning Commission recommendation, subject to conditions noted
below.
NOTES AND SPECIAL CONDITIONS:
1. No new hardcover shall be allowed on the lot.
Applicant's next scheduled meeting is confirmed as:
City Council April 26, 1999, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2457-3
A RESOLUTION GRANTING VARJANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.56, SUBDIVISION (L) (1&2)
FILE #2457
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
WHEREAS, 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. (30%) 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-1 C 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
A The property conforms to the rrummum 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
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 chain of title of
the property.
Adopted by the Orono City Council on this 26th day of April, 1999.
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 26th day of April,
1999, 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 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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 __________________ _
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
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
DATE: April 7, 1999
SUBJECT: #2457 David and Paula Lindberg
1392 Baldur Park Road
Variances --Continuation of Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 31,760 sq. ft. (.729 acres)
Exhibits:
AX Elevations 4/6/99
BX Revised survey
CX Hardcover worksheets
Staff Report from March 15, 1999 meeting with exhibits:
A Waiver Fonn
B Elevations
C Notice to applicant
D Revised survey
E Hardcover worksheets
Previous Staff Report from February:
A Application
B Plat map
B2 Property Owner's list
C Existing survey
D Proposed survey
E Hardcover worksheets
F Elevations
F2&3 Floor Plan
G PC Minutes from 5/18/98
H PC Minutes from 6/15/98
I PC Minutes from 7/20/98
J CC Minutes from 7/27/98
K CC Minutes from 8/10/98
L Resolution #4143
Application:
This application was reviewed at the February and March 1999 Planning Commission meetings.
The Planning Commission suggested that the applicants redesign their proposal to limit structural
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-4/7/99
page--1
coverage to 15% and reduce hardcover.
The applicants are proposing to remove the existing residence to construct a new residence. The
property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in
the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'-
250' setback is requested to allow 4,556 sq. ft. (30%) hardcover where 3,797.5 sq. ft. (25%) is
allowed. The plan presented in Februarytequested 5,080 sq. ft. (33.44%) hardcover in the 75'-250'
setback. The March plan reduced hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft.
The April plan reduces hardcover to 4,556 sq. ft. in the 75'-250' setback which is 30% where 25%
is allowed.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(J) and 16(L)
• Section 10.03, Subd. 19
• Section 10.25, Subd. 6
Lot Area and Yards
LR-lC District Standards
Lot Area Lot Width
1/2 acre 100'
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Lot Area Lot Width
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-4/7/99
page--2
ANALYSIS
Street Yard Side Yard
30' 10'
Street Yard Side Yard
Lakeside Yard
75' andALS*
Lakeside
31,760 sq. ft. 97.5' at 75' proposed to 11' to garage; >75'; porch may
(.72 acres) shoreline; 113' garage 15' required for encroach in the
at 7 5' setback garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width.requirement because it meets. the 80% lot
width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore
requirements.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House=l,989 11.36%
Porch=l,416
Overhangs=206
Total =3,611 sq. ft.
The revised plan reduces the structural lot coverage from 12.17% to 11.36%.
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 7,830 sq. ft. 686 sq. ft. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 4,556 sq. ft. 758.5 sq. ft.
(29.10%) (25%) (30%) (5%)
0'-75' 8,740 sq. ft. 3,346 sq. ft. NONE 1,050 sq. ft. 1,050 sq. ft.
(SOUTH)' (38.28%) (8.7%) (8.7%)
The applicants are proposing to remove hardcover in the northerly 0'-75' section of the lot where no
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with new construction which would require a variance to allow 30% where 25% is
allowed. The plan proposes 1,808 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--417/99
page--3
in the southerly section to provide a driveway. The proposed driveway requires 1,050 sq. ft. of area
in the southerly 0'-75' setback.
Each variance application must be reviewed separately as a unique application. The applicant needs
to demonstrate that there is a fundamental reason why the City . should depart from the Code
requirements for hardcover. The need for a hardcover variance in the 75'-250' setback is a design
issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to
25%, which would result in a smaller footprint.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on
each side, however, is an amenity. It also does not impact the size of the residence because there
is 15,190 sq. ft. oflot area in the 75'-250' area to build a house and a garage.
STAFF RECOMMENDATION
A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south.
There is no hardship for the amount of proposed hardcover in the 7 5'-250' setback. A house, garage,
with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic
consideration and design preferences are not considered hardship under state law.
#2457 David and Paula Lindberg
I 392 Baldur Park Road
PC-4/7/99
page--4
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CERTIFICATE· OF SURVEY FOR
DAVID & PAULA LINDBERG
OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNE.SOTA
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A 8 X 100 = %
PROPOSED HARDCOVER IN ZONE .
A . House r (il~ACf. X I 'l 75 S .F.
Length Widlh -... ·-•· Ptl.f ~tAtrf 2 ~ ·7 · = I_ 'I S.F. X
X = S .F.
X = S.F .
B. Garage X = S.F.-__ .._ __ .... ..
·-· -····-... 770 C. Driveway X = S .F.
X = S,.F .·
D. Sidewalk /-.JTfpJ X = /30 S.F.
X = S.F.
/Jo~ C/¼~c k /¥.6/ E. Eatie,!Qaalt . X S.F.
/)1/~fl.H JpC-. X . = Z06 S.F.
.. -
F. Landscape X = S.F.
. ·---. Underlain · " ·· -· X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F..
TOTAL HARDCOVER fN ZONE o/SS6 S.F. A
TOTAL PROPERTY AREA IN ZONE I~ l'i.O S.F. 8
A ___5/_5S6 B .. ./5/l?o x!OO = _3_0. "i'") %
13
/)Av1tJ L.11-,,-·i) d f /{ 1,,-1-2tJ-JJ ;I HARDCO~CULA TION 'WORKSHEET f"('V, 2-IC-99 ·-SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' soo-1000·,,v. 3 -z-J 5> .
I EXISTING HARDCOVER IN ZONE ;VO/fTH ~:f.-'1-S-~9 / A; House X =
Length Width
X = S.F.
X = S.F.
X = S.F.
·-· -Br--Garage -X = S.'F.
C. Driveway X = S.F.
X = S.F.
D. Side,valk X = S .. F.
---···. ~ ·•
X = S.F.
E. Patioi'Deck · X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE S.F ... A
TOTAL PROPERTY AREA IN ZONE S.F. B
A .,. B X 100 = %
PROPOSED HARDCOVER IN ZONE.
___ .A ... House .. X = S.F.
Length Width
X == S.F.
X = S.F.
X == S.F.
R-~qarage X = S.F.
C .. Driveway. X = S.F.
·---...... X = S.F.
·D. Si"dewalk X = S.F.
X == S.F.
E. Patio/Deck X = S.F.
X == S.F.
F. Landscape X == S.F.
Underlain· X == S.F.
By Plastic X == S.F.
Or Fabric
G. Other X = S.F.
·-·. -· ...
TOT AL HARDCOVER IN ZONE 0 S.F. A
TOTAL PROPERTY AREA IN ZONE -7?Jo S.F. B
A 0 B 7?3o X 100 = Q %
13
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15, 1999
(#2451 Lyle and Gretchen Shaw,. continued)
residence . The Planning Commission at that time recommended approval of the variance to permit
additional hardcover based on the condition that the Applicants reduce structural coverage on the
.. lot to 15 perGent and o.n the condition that the Applicants submit a drainage plan that is a~ptable to
. City .Staff. . . . . . .
The Applicants have submitted a revised plan to conform to the allowable structural coverage, but
the revised plan requires an additional variance to raise the roof of the house within the 0-75'
lakeshore setback and within the average lakeshore setback. The original plan did not propose any
changes to the building within the 75' lakeshore setback. The revised plan is proposing to raise the
roof six feet above the existing roof line, which would increase the 1/2 story to a full story.
Weinberger stated the neighbors to the south had expressed some drainage concerns and the
Applicants are required to submit a grading and drainage plan for review and approval by City Staff.
Roelofs presented some diagrams of the residence to the Planning Commission, and stated that it is
their intention to increase the height of the walls to six feeUsix inches to allow for more living space
in the home .
Chair Smith noted that this improvement will not increase or alter structural coverage and that no
height variance is needed for this application.
Weinberger stated he has received no comments from the adjoining property owners.
Roelofs stated he is working with the neighbors to address their drainage concerns.
McMillan inquired whether there are any problems anticipated with the present foundation of the . .
structure.
Roelofs stated to his knowledge this is a very well built house and the foundation should be fine .
Lindquist moved, McMillan seconded , to recommend approval of Application #2451,
1750 Shadywood, as submitted, subject to submittal of an acceptable drainage and
grading plan. VOTE: Ayes 5, Nays O.
(#3) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES AND
CONDITIONAL USE PERMIT
Paula and David Lindberg, Applicants, were present.
Van Zor:neren stated this application was reviewed at the February, 1999 Pla_nning Commission ·
meeting where it was suggested that the Applicants revise their proposal to limit structural coverage
to 15 percent and reduce hardcover.
Van Zomeren stated this residence lies within the LR-1 B district, which has a minimum tot size of
one acre. This lot is comprised of . 729 acres, is located on a penisula and has two lakeshore
setback areas.
The Applicants have submitted a revised plan which reduces hardcover from 33.44 percent to 32.33
percent, or a reduction of 170 square feet, by proposing to attach the garage to the residence. This
revised plan does bring structural coverage into compliance, but a variance ·will need to be granted
to hardcover in the 0-75' setback on the Baldur Park side to permit a driveway. The Applicants are
Page2
' . .. ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15, 1999
(#2457 Paula and David Lindberg, continued)
proposing 7.32 percent hardcover in the 0-75' setback to construct a driveway. The Applicants are
not requesting hardcover in the 0-75' setback on the north side of the property .
. · \/an Zomeren stated ~~ comments h'av~ been received. from the adjorni~g .property owners regarding
this application, · · ·. · · · · ·
Lindberg stated a hardship exists due to the two 0-75' lakeshore setback areas.
Chair Smith commented that the Planning Commission appreciates the revisions to the plan to
bring the structural coverage into compliance, but in her view the Applicants should attempt to
further reduce hardcover to the existing 29 percent or the allowable hardcover limit of 25 percent.
Smith stated that the Planning Commission's view is that new structure should meet the
25 percent hardcover limit whenever possible.
Lindberg noted that they have pulled the house back from the lake.
Smith suggested that the Applicants take another look at possibly reducing hardcover in the
75-250' setback.
Hawn indicated she would prefer the Applicants limit hardcover closer to 25 percent and would
allow the 81 0 feet necessary for the driveway in the 0-75' setback area. Hawn inquired if the
residence meets the allowable 25 percent and the driveway is factored in, how much the total
hardcover would be.
Van Zomeren stated the hardcover would be over by 302 square feet if the driveway is not
factored in. ·
McMillan stated she is in agreement with Hawn in that the Applicants should reduce hardcover
closer to the 25 percent limit, and that the Applicants may want to look at reducing or eliminating
the porch in order to lower hardcover.
Lindquist commented the Planning Commission is looking for the Applicants to reduce hardcover
by 302 square feet.·
Van Zomeren indicated the Applicants will need to lower structural coverage to 4600 square feet.
Schroeder indicated the Applicants are proposing to reduce hardcover in the 0-75' setback by
moving the house.
Lindberg .stated he would be willing to look at ways to further reduce .hardcover.
Hawn st.ated the application should be reviewed by the Planning Commission after the revisions are
made since it will require changes to the design.
There were no public comments.
Smith indicated that in her view the Applicant should reduce hardcover to at least 30 percent in the
75-250' setback and leave the other hardcover as is. Smith noted that the Applicants have been a
significant improvement in the 0-75' setback by moving the house away from the lake. Smith stated
the Applicants will need to appear before the Planning Commission again to have the revisions
reviewed.
Page 3
ORONO PLANNING COMMISSION
MINUTES FOR MARCH 15, 1999
(#2457 Paula and David Lindberg, continued)
Van Zomeren stated the next Planning Commission meeting is set for April 19th, and if the
application is approved, then it would go to the April 26 City Council meeting .
. . Hawn inquired whether a conditional use permit is necessary for this application.
. . . . . .
Van Zomeren stated the final resolution will need to have language included which spells out that
some work will be done in the 0-75' setback to remove the old foundation and to put the grade
back to what was existing. Van Zomeren stated a grading and drainage plan will need to be
submitted.
Lindberg inquired if he reduces the garage by 260 square feet, whether that would satisfy the
Planning Commission's concerns.
McMillan stated the Applicant should attempt to reduce it by 300 square feet.
Hawn indicated she was in agreement with McMillan.
McMillan stated the Applicant should review the application very closely and not make a quick
decision tonight.
Smith stated it appears the consensus of the Planning Commission is to have the Applicants
reduce structural coverage to 30 percent.
Smith inquired whether the Applicant would be willing to table this application for a month in order
to allow him time to submit revised plans.
Lindberg indicated he would be willing to table the application.
Schroeder moved, Lindquist seconded, to table Application #2457, 1392 Baldur Park Road,
to allow the Applicant time to revised plans reducing structural coverage to 30 percent.
VOTE: Ayes 5, Nays 0.
(#4) #2458 PROPOSED ZONING AMENDMENT: LR-1C-1 DENSITY CREDIT
Gaffron stated the Planning Commission had reacted favorably to eliminating the 50 percent
density credit in the LR-1C-1 district at their February meeting. It was further suggested that
retention of the ability in LR-1 C-1 to create attached dwelling units would enable clustering and the
preservation of trees and green space that is not possible in the LR-1 C zone. Elimination of the 50
percent credit without retaining the ability for attached units would remove any distinguishing
characteristics between the LR-1C and LR-1C-1 Districts. In this case; it would be most
appropriate to eliminate the LR-1C-1 designation from the zoning code, and rezone all LR-1C-1
properties to LR-1C.
City Staff would like to see the hardcover standards amended in the LR-1C-1 zone to keep the code
consistent if the City decides to keep this zone.
Gaffron stated that the City has received a letter from Paul Larson who has indicated that he is in
opposition to the proposed elimination of the 50 percent density credit because it will reduce the
value of his property by eliminating 1/3 of the potential dwelling units he might be allowed under
the current code.
Chair Smith inquired whether there were any public comments regarding this amendment.
Page4
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
249-4600
TO: Paula & Davtd Lindberg
3440 North Shore Drive
Wayzata, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING: 3/15/99
Variance
Planning Commission recommends the following:
Tabled for reasons noted below.
NOTES AND SPECIAL CONDITIONS:
ZONING FILE #2457
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: March 16, 1999
COPIES TO:
VOTE: 5 FOR 0 AGAINST
Need to revise hardcover in the 75-250' setback to 30%. Keep structural coverage to 15% or less.
Please provide staff with revised plan, reduced plan copies, elevations, and hardcover worksheets.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the Planning Commission meeting is April 5, 1999 for the April 19 meeting.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\ WPWIN60\ WPDOCS\CAROLE\PCACTION\2457-2
Dx
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
H~2'.l..\
DATE: ~9, 1999
SUBJECT: #2457 David and Paula Lindberg
1392 Baldur Park Road
Variances --Continuation of Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 31,760 sq. ft. (.729 acres)
Exhibits:
A Waiver Form
B Elevations
C Notice to applicant
D Revised survey
E Hardcover worksheets
Previous Staff Report from February:
A Application
B Plat map
B2 Property Owner's list
C Existing survey
D Proposed survey
E Hardcover worksheets
F Elevations
F2&3 Floor Plan
G PC Minutes from 5/18/98
H PC Minutes from 6/15/98
I PC Minutes from 7 /20/98
J CC.Minutes from 7 /27 /98
K CC Minutes from 8/10/98
L Resolution #4143
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-3/15/99
page--/
Application:
This application was reviewed at the February 1999 Planning Commission meeting. The Planning
Commission suggested that the applicants redesign their proposal to limit structural coverage to 15%
and reduce hardcover.
. . .
The applicants are proposing to remove the existing residence to construct a new residence. The
property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in
the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'-
250' setback is requested to allow 4,910 sq. ft. (32.33%) hardcover where 3,797.5 sq. ft. is allowed.
The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250' setback.
The new plan reduces hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(J) and 16(L)
• Section 10.03, Subd. 19
• Section 10.25, Subd. 6
#2457 David and Paula Lindberg
1392 Ba/dur Park Road
PC--3115/99
page--2
ANALYSIS
Lot Area and Yards
LR-lC. District Standards·
Lot Area Lot Width Street Yard Side Yard Lakeside Yard
1/2 acre 100' 30' 10' 75' andALS*
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Lot Area Lot Width Street Yard Side Yard Lakeside
31,760 sq. ft. 97.5' at 75' proposed to 11' to garage; >75'; porch may
(.72 acres) shoreline; 113' garage 15' required for encroach in the
at 75' setback garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot
width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore
requirements.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House=2,446 12.17%
Porch=l,407
Overhangs= 187
.. Total =4,040 sq. ft .
The revised plan reduces the structural lot coverage from 15.12% to 12.17% by replacing the
detached garage with a 3 car attached garage.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-3/15/99
page--3
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 7,830 sq. ft. 686 sq. ft .. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 4,910 sq. ft. 1,112.5 Sq. ft.
(29.10%) (25%) (32.32%) (7.32%)
0'-75' 8,740 sq. ft. 3,346 sq. ft. NONE 900 sq. ft. 900 sq. ft.
(SOUTH)' (38.28%) ·(10.30%) (10.30%).
Driveway
31,760 sq. ft. 8,452 sq. ft. 3,797.5 sq. ft. 5,810 sq. ft. 2,012.5
(26.6% of (25%) (18% of total (6.33%)
total lot area) lot area)
The applicants are proposing to remove hardcover in the northerly 0'-75' section of the lot where no
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with. new construction which would require a variance to allow 32.32% where 25% is
allowed. The plan proposes 2,012.5 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
in the southerly section to provide a driveway. The proposed driveway requires 900 sq. ft. of area
in the 0'-75' setback.. ·
The previous resolution #4143 for Gary O'Keefe granted a variance to allow a 2,440 sq. ft. house
with an attached garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was
proposed at 2,245 sq. ft. The previous plan was for a rambler with a two car attached garage.
House
Garage
Stoops, walks, patios
Driveway
Total
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/ 15/99
page--4
Resolution #4143 Revised Plan 3/99
2,440 sq. ft. 4,040 sq. ft.
680 sq. ft. ---------
360 sq. ft. 60 sq. ft.
2,245 sq.ft. 1,710 sq. ft.
5,725 sq. ft. 5,810 sq.ft.
Each variance application must be reviewed separately as a unique application. The applicant needs
to demonstrate that there is a fundamental reason why the City should depart from the Code
requirements for hardcover. The need for a hardcover variance in the 75'-250' setback is a design
issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to
25%.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on
each side, however, is an amenity. It also does not impact the size of the residence because there
is 15,190 sq. ft. oflot area in the 75'-250' area to build a house and a garage.
STAFF RECOMMENDATION
A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south.
There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage,
with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic
consideration and design preferences are not considered hardship under state law.
#2457 David and Paula Lindberg
1392 Ba/dur Park Road
PC-3/15/99
page--5
February 17, 1999
David and Paula Lindberg
3440 North Shore Drive
Wayzata, Minnesota 55391
Re: #2457
1392 Baldur Park Road
A
WAIVERFORM
I am requesting continuation of the review of my application for conditional use permit and
variance.
I release and waive any of the City's obligations to proceed and conclude review of my application
in a timely manner which includes any statuatory obligation for timely review.
i/zi[cn
DAte
RUN DATE 01/12/99
BATCH 502
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADOR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/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 8 J A VERSTEEG
HARK D VERSTEEG
1384 BALDUR PARK RD
WAYZATA MN 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 & HA 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 8 ANDERSON
WILLIAM L/KRISTI 8 ANDERSON
1408 BALDUR PARK RD
WAYZATA HN 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
. PAGE 5
38 08-117-23 31 0003
01392 BALDUR PARK RD
. G W O'KEEFE & L H O'KEEFE
G W O'KEEFE & L H O'KEEFE
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 HN 55413
38 08-117-23 34 0018
01404 BALDUR PARK RD
CHARLES AFFIAS
CHARLES AFFIAS
2634 JERSEY AVE S .
ST LOUIS PARK MN 55426
38 08-117-23 34 0033
00038 ADDRESS UNASSIGNED
HAROLD R KITCHEN
HAROLD KITCHEN
BOX 418
NISSWA MN 56468
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RUN DATE 01/12/99
BATCH 502
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. HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH
PROPERTY OWNERS LIST
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REPORT NO. PI435401
PAGE 6
@)_ . \ . . . ~u.v-hi> e. \1-0. ~{ors
l'-tt:L f,a\dl)( Pa.t'tll ll cl
. ' '• .
\1,.}&,t~~ I t-,.{N t:;S?At
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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.
DATJ--1?5-lq~~ BY T6 ldl~efF.
-------,_ ___ --------------
·,
~.l
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999 ·.
{#6) #2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD, AFTER-THE-FACT
CONDmONAL USE PERMIT-Continued
White moved, McMillan seconded, a motion to approve Application #2454 for Greg and
M~rcia Barnum, 150 McCulley Road, for an after-the-fact conditional use permit for land
. a~temation subject to:... .
1. . Re~ie~ of th·e septi.c. sites to en~ure that ·they were riot disturbed.
2. Determine an end date for the stock pile.
3. Change the address to a number on Bayside Road (4760).
4. Applicant to obtain a land alteration permit.
There should not be a double fee for the application.
VOTE: Ayes 4, Nays 0.
(#7) #2455 ROGER AND KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE, VARIANCE, 7:48
p.m. -7:50 p.m.
Roger and Kristine Strauman were present.
Van Zomeren presented the staff report. She said the applicants are requesting a lot area variance to
remove the existing residence and construct a new residence. The lot is approximately one-half acre.
Staff recommends approval of the lot area variance.
Roger Strauman said he has talked to the neighbors and they do not object to the proposal.
There were no public comments. .
White moved, McMillan seconded, a motion to approve Application #2455, Roger and
Kristine Strauman, 123 Chevy Chase Drive, for a lot area variance. VOTE: Ayes 4, Nays 0.
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES, 7:51 p.m.
-8:30 p.m.
David and Paula Lindberg were present.
Van Zomeren presented the staff report. She said the applicants propose to tear down the existing
house and construct a new house and garage. The surveyor has submitted a revised site plan that
would eliminate some the variances. One of the concerns that staff had is that the driveway was not
sized to allow for an adequate back out area. The surveyor did redraw the driveway to provide the
applicant with a better backing out area. All ofthe structural. hardcover is located in the 75'-250'
setback. Van Zomeren displayed the elevations for the proposed residence. T_he proposed residence
is different that the O'Keefe proposat: The lot has the 0'-75' setback requirement on two sides. In this
plan, the garage is detached and located closer to the street and more of the hardcover is put into
structure rather than driveway. Structural coverage on this proposal is 4,804 square feet or 15.12%. ·
The variances that this application would need are for hardcover in the 0'-75' setback for the
driveway, and hardcover in the 75'-250' setback. Grading for the driveway would require a
conditional use permit because it is within five feet of the property line. She also recommended that
the conditional use permit language reflect that the topography be restored where the foundation is
removed.
The applicants had no comments.
Pages
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999 ..
(#6) #2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD, AFTER-THE-FACT
CONDITIONAL USE PERMIT, 7:39 p.m. -7:47 p.m.
Marcia Barnum was present.
. Van Zomeren presented the staff report. She said the property has 179' on Bayside Roa9 ~nd the
length of the lot foliows McCulley Road. When the property was platted, the address of 150 McCulley .
Road was assigned; however; the front of the lol is the narrow end on Bayside and one of the issues
to be addressed is whether or not to recommend that the address be changed.
Van Zomeren said the applicant contacted Hennepin County and obtained a driveway access permit
from Hennepin County. As the driveway was being installed, they discovered debris buried on the
property. A land alteration permit is required because more than 500 cubic yards was disturbed. The
City Engineer, Tom Kellogg, reviewed the plans. He questioned the purpose of the stockpile of dirt
and he wanted to ensure that the septic sites were not disturbed. Van Zomeren said staff does not
believe that the septic sites have been damaged or disturbed.
Van Zomeren did not receive any public comment except from one neighbor who was concerned
about the distance of the driveway located from the intersection. Access from McCulley Road is not
feasible to achieve an 8% ~lope or less for the driveway. · ·
Sandy from Diversified Const. said the stockpile of dirt will be used for fill around the house.
Mabusth asked when the applicant plans to get the building permit for the new residence.
Sandy said they applied for the building permit and it will be issued after this matter is settled .
. Mabusth asked if the applicant would have a problem with the Bayside address.
Barnum said it would not be a problem. The entrance from Bayside is much more gradual than from
McCulley.
There were no public comments.
McMillan said the driveway entrance from Bayside would be a much better option than McCulley.
She said the applicant should not have to pay after-the-fact fees for this application.
Van Zomeren said that the conditional use permit is needed because as the project progressed,
more than 500 cubic yards of dirt was moved around. It is not known how much dirt would have been
moved around for the driveway if conditions had been typical. The existing conditions on the site that
were unknown led to the problem of the amount of soil that was being moved.
David Dunn, a neighbor, said he feels another driveway on Bayside creates an additional traffic
hazard .. He asked if there could be additional signage for a hidden driveway.
Mabusth said Bayside is a county road and Mr. Dunn should contact the County Highway
Department regarding signage.
Page7
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARJANCES •
Continued
Julie and Mark VerSteege, neighbors to the north, said they want to make sure the runoff stays on
the applicant's property, and does not drain into their basement.
· Mabusth asked if the applicants have submitted~{ grading plah. · ·.
Van Zomeren said the plan was subhlitted to Tom Kellogg, the City Engineer. He said to make sure
silt control fences are used. The City Engineer's first review did not flag any major concerns.
Mabusth asked if the surveyor has confirmed that there is no average lakeshore setback problem.
Van Zomeren said yes.
Hawn asked if the applicants have looked at reducing the structural coverage by 40 square feet.
David Lindberg said they are willing to reduce the structural coverage.
McMillan questioned the detached garage.
Lindberg said an attached garage would require a larger driveway and additional grading.
McMillan suggested repositioning the garage in order to reduce the slope and Improve safety.
Mabusth questioned why the O'Keefe application was so much lower in hardcover in the 75'-250'
setback.
Lindberg said the O'Keefe's had more driveway a·nd a smaller garage.
Mabusth asked how the other commission members felt about the hardcover in the 75'-250' setback.
Hawn said this is a difficult site. She would like to see the structural coverage reduced by 40 square
feet.
Mabusth asked staff to review the variances that would be needed with the current plan.
Van Zomeren said they would need a variance for the 0'-75' setback on the south side, a variance in
the 75'-250' setback to allow 33% where 25% is allowed, a conditional use permit for grading within
five feet of the property line and restoration of the topography.
McMillan asked about the O'Keefe's plan and what the amount of hardcover was in the 75'-250'.
Van Zomeren said it was 5,7~5 square feet. .
Mabusth asked if the garage design would match the house.
Lindberg said the garage would match the house.
Mabusth said the Commission would have a problem approving 33% hardcover in the 75'-250'
setback. She asked about the hardcover that would result from the porches.
Van Zomeren reviewed the square footage of the hardcover. She said they would need to reduce
1,000 square feet to meet the 25% requirement.
Page9
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999 -
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARJANCES -
Continued
Hawn recommended that the applicants reduce the size of the porches.
Mabusth suggested thatthe app!icants work with .staff to reduce the ar.nou.nt of harpcover.
McMillan said.the hardco~erforthe drivew~y-in th~ 0'-75' is a necessity." She wa~ts to niake sure the
driveway is safe. In the 75'-250', she is inclined to approve something similar to the O'Keefe
application. ·
Van Zomeren said the hardcover required is a matter of design, not hardship. The porches contribute
significantly to the hardcover number.
Mabusth feels the design could be changed to meet the hardcover requirements. She recommended
they meet with their architect and work on the design.
Hawn told the applicants they need to meet the 15% structural coverage and reduce hardcover so
that it is close to 30%.
McMillan recommended they look at the design of the garage and driveway approach. She does not
want them to eliminate hardcover in the driveway and reduce safety in order to add more building
hardcover.
Paula Lindberg asked if it would adversely affect their application to make a more gradual slope for
the driveway.
McMillan said she looks at the driveway as a hardship because she does not want them to have an
unsafe driveway; · · · ·
Mabusth recommended they have their final grading plan ready when the application comes before
the Planning Commission again.
Hawn asked if the applicants need to give their permission to extend the 60-day time limit.
Van Zomeren said staff would send the applicants a letter regarding extending the 60-day time limit.
She wanted to make it clear that it is difficult for staff to advise applicants on the square footage that
might be approved because every variance is different.
Hawn moved, McMillan seconded, a motion to table Application #2457,1392 Baldur Park
Road, for variances and a conditional use permit until March 15, 1999. VOTE: Ayes 4, Nays 0.
Recess, 8:30 p.m. -8:35 p.m.
(#3) #2398, WAVZATA COUNTRY CLUB, 200 WAVZATA BLVD. W., CONDITIONAL USE
PERMIT AMENDMENT, 8:35 p.m. -8:50 p.m.
Louis Oberhauser was present.
Weinberger presented the staff report. He said the Wayzata Country Club has recently developed a
master plan for the entire golf course. As part of the master plan, the Wayzata Country Club applied
to the City for a Conditional Use Permit for reconstruction, relocation or addition of tees for each of
holes #1-18 and reconstruction, relocation and addition of bunkers along fairways and around most
of the greens. The third phase of the project is the expansion of three pond areas on the property.
The City approved a conditional use permit to complete the work on the tee boxes and bunkers
Page 10
ZONING FILE #2457 CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: February 17, 1999
TO: . David and Paula Lindberg
3440 North Shore Drive
Orono, NIN 55391
TYPE OF APPLICATION:
COPIES TO:
Variance/Conditional Use Permit
---------------------------------------·--
DATE OF MEETING: 2/16/99 VOTE: 4 FOR 0 AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below.
NOTES AND SPECIAL CONDITIONS:
1. Need to reduce hardcover in 75-250' setback.
2. Need to meet 15% structural lot coverage requirement.
3. Grading plan for conditional use permit.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the March 15 1999 meeting is February 26, 1999.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2457
HARDCO~LCULA TION WORKSHEET
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TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: L.~11Van Z~~ere¾ ~io/, Piwner/Zoning Administrator
.DATE:.· Febru~rry°9;-1999 .. ·
SUBJECT: #2457 David and Paula Lindberg
1392 Baldur Park Road
Variances and Conditional Use Permit--Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 31,760 sq. ft. (.729 acres)
Exhibits: A Application
Plat map " .. B
Application:
B2
C
D
E
F
F2&3
G
H
I
J
K
L
Property Owner's list
Existing survey
Proposed survey
Hardcover worksheets
Elevations
Floor Plan
PC Minutes from 5/18/98
PC Minutes from 6/15/98
PC Minutes from 7/20/98
CC Minutes from 7/27/98
CC Minutes from 8/10/98
Resolution #4143
The applicants are requesting hardcover variances in the south O'-7 5' setback and
the 75'-250' setbacks and a conditional use permit to grade for a driveway in the ·
. 0'-75' setback and within 5' of the west property line.
The proposed plan also requires a side yard variance for the garage to be located 11'
from the property line where 15' is required for a garage that exceeds 750 sq. ft. A
variance would also be required to locate the garage closer than 1 O' to the principal
. #2-157 David and Paula Lindberg
1392 Baldur Park Road
PC-2/16/99
page-I
structure.
The proposed plan also shows a portion of the porch possibly being located
ah~d ofth~_ avera~e l,B;keshQre setback. The surveyor should confirm the
average lakeshore setback line. The proposal includes 15.12% structural
coverage where 15% is a119wed .. A structtrral lot coverage variance is teqttlred.
A previous application for this property was considered in 1998. The minutes and
resolution #4143 regarding that application are attached to this report. The applicants
are prospective or new buyers of the property.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(J) and 16(L)
• Se9~i~n 10.03, Subd. 19
• Section 10.25, Subd. 6
#24j7 David and Paula Lindberg
1392 Baldur Park Road
PC-2116199
page-2
ANALYSIS
Lot Area and Yards
LR-lC
·'itfi• --ll • • h•
District Standards
Lot Area Lot Width Street Yard
1/2 acre 100'
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Loi Area Lot Width
30'
Street Yard
Side Yard Lakeside Yard .
10' 75' andALS*
Side Yard Lakeside
31,760 sq'. ft. 97.5' at 75' proposed to 11' to garage; >75'; porch may
(.72 acres) shoreline; 113' garage 15' required for encroach in the
at 75' setback garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot
width requirement. The proposed plan does not meet the side yard requirement for the garage nor
the 1 0' separation of structures. It appears a portion of the porch may encroach into the average
lakeshore setback.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House=2, 126 15.12%
. .
Porch=l,820
Garage=858
Total =4,804 sq. ft.
The proposed plan exceeds the allowed structural coverage by 40 sq. ft. A variance is required for
this plan.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-2116/99
page-3
..
Hardcover
Distance from Tota/Area Existing Allowed Proposed Variance
Shoreline '-~Setback t.Hardcoivr Hardcover Hardcover Requested
0'~75'
.. ..
7,830 sq. ft. 686 sq. ft. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 sq.ft. 5,080 sq. ft. 1,282.5 sq.ft.
(29.10%) (25%) (33.44%) (8.44%)
0'-75' 8,740 sq. ft. · 3,346 sq. ft. NONE 640 sq. ft. 640 sq. ft.
(SOUTH)' (38.28%) (7.32%) (7.32%)
Driveway
31,760 sq. ft. 8,452 sq. ft. 3,797.5 sq. ft. s,120 sq. ft. +1,922.5 sq.
(26.6% of (25%) (18% of total ft. ...
total lot area) lot area)
The applic~ts are proposing to remove hardcover in the northerly 0'-75' section of the lot where no ·
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with new construction which would require a variance to allow 33.44% where 25% is
allowed. The plan proposed_l,922.5 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
in the southerly section to provide a driveway. Staff does not believe that the driveway is adequate
to provide parking in front of the garage.
The previous resolution #4143 granted a variance to allow a 2,440 sq. ft. house with an attached
garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was proposed at 2,245
sq. ft.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-2116/99
page-4
Resolution #4143 Application
House 2,440 sq. ft. 3,946 sq. ft.(includes 1,820
.,;c;.· --{{ .. u~ sq. ft. for porch)
Garage . . 680 sq. ft. .. 858 sq. ft. . . .. . .
Stoops, walks, patios 360 ·sq. ft. 156 sq. ft.
Driveway 2,245 sq.ft. 760 sq. ft.(not enough
parking area in.front of
garage)
Total 5,725 sq. ft. 5,720 sq. ft.
The application proposes less hardcover than the amount of hardcover that was approved in the
previous resolution. 1bis application, however, requires more variances for side yard setbacl_< for
the garage, setback between the accessory and principal structures and a structural lot coverage
variance. Staff also does not believe that the driveway was drawn to adequately reflect what is
typically I).eeded for a parking area in front of a 3 car garage.
Where the previous application required a hardcover variance to allow a longer driveway to match
the topography and to allow an attached garage, this application minimizes the non-structural
. hardcover for a driveway. by proposing a detached garage with a narrow parking pad .. More
hardcover is put into structures--for the larger garage and the porch. ·
The need for a hardcover variance in the 75'-250' setback is a design issue and is not due to any
uniqueness of the lot. Hardcover and structural coverage could be reduced through redesign. The
Planning Commission should also consider the location and size of the detached garage as the garage .
doors will face the lake and the adjacent property to the west currently may enjoy a view of the lake
through this area. The average lakeshore setback does not apply to the street side of this lot even
though it is located on the lake.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75_' setbacks. Having lake views on
each side, however, is an amenity. · ·
#2./57 David and Paula Lindberg
I 392 Baldur Park Road
PC-2/16199
page-5
STAFF RECOMMENDATION
A hardcover varia»ee and c.9nclitioR8,1 N5e JlPilllit is appropriate for a reasonable driveway in the 0' -
75' setback on the south. That does not justify, however, granting a hardcover variance in the 75'-
250' setbackwhere a h:ouse and garage with driveway could be constructed with less than 3,797.5 •.
sq. ft. of hardcover: · · · · ·
No hardship exists to grant variances for side yard setback, structural coverage or to reduce the 10'
required distance between the principal and accessory structure. Further, no hardship exists to locate
the porch ahead of the average takeshore setback.
Staff recommends that the applicant redesign to reduce variances. A hardcover variance in the
southerly 0'-75' setback for a driveway and a conditional use permit to grade would be feasible.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC-2116199
page-6
_·. A
CITY OF OR0NO --YARIANCE APPLICATION
Initial Application Fee $250.00 :
. ($50.00· per each additional variance)
Renewal Variance Fee $i50.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATIOl'{
Site Address \'3Cf l. '\3<i\ \&.e'r" f o;,.r\<., \t) ·
Application# :2 '-/ 5 I
Date Received , / 1 "I / er 9
Amount Paid '1.. SO s=E-
Property Identification Number (P.I.D.)._-'ef&='-"'-\..,_\]..>..:..,;~.;;..3_;_~---\ _c,o_o..;;..~-----'-----
Attach legal description to application if not included on required survey.
Date P~ :A,cquired._· _________________ (month/year)
I (do) ~also own the adjacent parcels of land. . .
Prese?-t_ use of property: _ )(_residential __ other (specify)__,. _______ _
Zorung District: / g__ I -L (II z a C,ve,)
\.') /1to\?1\~ CP1-< -S-~I--Z~t'I·
APPLICANT ~~ Phone(home) fot2-q71-1'Sc:i'=,
? raj._
Name :Dr,,~,.J l,wl~-e'j ss:Xa,~_\,,;~. . Phone(work). .. -~-L/l<J(
east~LJ(qz
Addre~s: ~':ffiQ JJ. Sb>K ()r, · . . City: ()'CO\l\o · · UJS/ · Zip: SS3S I
OWNER (if different than applicant) ~~~ Ph~ne (homel~t~J 97-t{-tJ'lf.
Name Go..v-y O' \<.e~e... <i: LG.L1.r:~o\l.€:f-~'f-Phone (work) Cf.'[/-/ ?Cl{ (<c.,())
Address:____________ City: Zip: ___ _
Lot Width
Setback: Front ..
Side· Rear·
__ . Lot Coverage
Average Lakeshore
_ Other (specify) ______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDffiONS
Describe undue hardship or practical difficul or unusual prope c nditions preventing
compliance with Zoning Code requirements:.-J-l!.~l'!._~::::.._i.-.::..5.....:W:~i..:.e:..J.-j,!!:.!..._..Z.::;...t...:..1..~=-:,q::...~"'-f-.cq.u
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RUN DATE 01/12/99
BATCH 502
PROP ADDR
OWNER N~HE
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 g J A VERSTEEG
HARK D VERSTEEG
1384 BALDUR PARK RD
WAYZATA HN 55391
38 08-117-23 31 0007
00038 ADDRESS UNASSIGNED
WILLIAN J H FRANKLIN
WILLIAN 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 08~111-23 34 0034
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND-
CITY OF ORONO
PO BOX 66
CRYSTAL BAY HN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH
PROPERTY OWNERS LIST
38 08-117-23 31 0002 ·
01396 B'ALDUR PARK RD
R Jg MA WETT TRUSTEES
RICHARD g MARGE 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 g 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
WILLIAN L/KRISTI B ANDERSON
1408 BALDUR 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
. PAGE 5
:.."" ~
38 08-117-23 31
01392 BALDUR PARK RD
;G W O'KEEFE g L H O'KEEFE
G W O'KEEFE.& L M O'KEEFE
1392 BALDUR PARK RD
WAYZATA MN 55391
38 08-117-23 31 0006 ·
00038 ADDRESS UNASSIGNED
WILLIAM J H 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 HN 55426
38 08-117-23 34 0033
00038 ADDRESS UNASSIGNED
HAROLD R KITCHEN
HAROLD KITCHEN
BOX 418
NISSWA HN 56468
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RUN DATE 01/12/99
BATCH 502
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. HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE · 6
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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 DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOHLEDGE AND BELIEF, . ~
. . DATJ..-l?f"lq~~ BY 7b fill ain§fF .
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OF
OE RT lnCATE-OF SURVEY FOR
DA VlD & PAULA l,NDBERG ·
LOTS 17 AND· 18, BLO QK 1, BAL DUR
HE NN~RlN_CO UNli Y, J41NNESOT A
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LEG.A!L ·0ESCRIP lilON OF PRE ll4 1SES:
Lots 17 and · 118, Block 1, l!!aldur Parrk
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lil:ils su~vey intends to sl:iow t he botindaries of t he above de~cribed
property, and ~he loca~ion of on exis~ing · hot1se, garage, and all ot her
visible · "har dcover" t hereon. It does not pur,port to show any of her
improvements or encroochr,nents .
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LOTS 17 AMO 18, B~OOK 1, ·BALDUR
. HENN!EPIIIINi COUNT y I NitliNINE so TA ' ..
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CERTIFICATE OF SURVEY FOR
_--D-A VID & PAULA .· LINDBERG
OF LOTS 17 AND 18, B~OCK 1, ·BALDUR PARK
. HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES:
Lots1 17 ond 18, Block 1, Boldur Po_rk
This survey Intends to show the boundaries of the above described
property, and the location· of on -existing hou?e, garage,· and all ot~er
visible "hardcover" thereon. It does not purport to show any other
improvements or encroachments.
o · : Denotes · iron marker
Bearings shown ore based upon an assumed datum
Datum: Mean sea level
o-75. n;.zoi-lE AREA: ·1s57o+-s. F.
> 75 FT. ZO('IE AREA: 15190+-S. F •
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OESICNtO ~ REVISION I OA TE
CORFIN & GRONBERG,· INC.·
OESCRPTION I HEREBY C£RTfY THAT nt~ Pl.Ali. SPECf"lCATJON. OR-REPORT I~
WAS PR£PAR£0 BY 1£ OR IJIV(R MY oot:CT SLPERVJSlOH »IJ
DRAWN I j-·······--•1··•· · · · ··-· boNSU.TING ENGNEERS. WI) SURVEY~. srrE Pt.JJtaSI
THAT I >JA A OU.'i' Lk:£~ PROfESSIOt!>J_ ENCtf:ER \.NlER • ¥~
Tl-£ LAWS Of Ttt: STATE. Of' l,ff,ESOTA.
I CHE~D-1 I I' I +82 T AMARACI< · A VE».£. 'LONG LAKE, MN. 55356
612--C.7~ 1-4-1 JOB NO.
DATE 1..-lO• 't ;,' I.IN u::ENSE 1-U10ER /£ u J • I 99015
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/. . · • SETBACKZONE: (CIRCLE'ONEJ (£:ZV 75:..250• . 250-500' 500-1000'
. . __ !:~!!GHARDC::R INZ?NE JO~H mT _ : ===========:::~. r
B. Oar~g~ ·· ·
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-· p. Si4ewaUc
E. Patio/Deck
F. La.-idsca;,e
Underk.:1
ByPlast.·:
Or fabric
G. Other
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S.F:·· A ------·-· ····-.....• · .. ·· TOTAL HARDG:OVER IN-ZONE··
TOTAL PROPERTY AREA IN ZONE
A 3:,':f<e· .... . + B ~ 14Q X 100 =
S.F. B
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PROP"OSED HARDCOVER IN ZONE· A.' House· · · ______ -
___ ; ......
-·:s: Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
· F. Landscape
Length
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By Plastic
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TOTAL HARD.COVER IN ZONE.
TOT AL PROPERTY AREA-IN ZONE·
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=
Width
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________ S.F.
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6 l(O S.F.
______ S.F.
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· HARDCOVE...JLC4.LCULATION 'WORKSHEET
S~'fBACK ZONE:. (CIRCLE ONE) ~ 75-·250' · · 250-500'
EXISTING HARDCOVER IN ZONE NOitTH
A. House ______ x ______ =
Length
· ,-; ___ B.--Garage -_ •· _· .. -'-,n;:..;;,_• _ __::_.___
C. Driveway
D. Side,vaL'<
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E:-PatioiBeck ·. ·. ·:. ------
-=:.:::F.-Landscape ·:. ·:..·_:..:_: · _· ___ _
Underlain
By Plastic
Or Fabric
G. ·other
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Width
X
X
X
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X
X
X
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X
X
X
X
X
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.',.·TOTAL HARDCOVER fN ZONE
TOTAL PROPERTY AREA fN ZONE . · · · -
A lo'ila + B 7~ 30
PROPOSED HARDCOVER IN ZONE·
·. __ ._ • .A •• House. . . . ·.x.
Length
B. garage
c:. Driveway ....... : . · ------
. :-::.:·-o: · Sfdewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
.. _.,.,...,. __ ...;.._ __
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X
X
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X
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X
X
X
X
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TOTAL HARDCOVER rN·zoNE·
TOTAL PROPERTY AREA fN ZONE
A ·O + B
Width
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HARDCOVERCALCULATI N\VORKSHEET
. SETBA"CK ZONE: (CIRCLE ONE) 0-75' -----250-500'
• .EX1STIN'G HARDCOVER IN ZONE
· A. · House x = ___ __;. __ S.F.
500-1000'
B. Garage
·. · · · · -· e::--Orivewai
D. Sidewalk
E. Patio/Deck
· · ··-· • F; f.andscap~
-· ... Underlain-
By Plas:ic
Or Fabric
0, Other _
{: ....
Length
--
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.,'. ,. '.-TOTAL HARDCOVER IN ZONE.
Width
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TOTAL PROPERTY AREA IN ZONE ~ -
A 4'4"2-0 + B .... l~, 1qo. x.100 =
PROPOSED HARDCOVER IN ZONE.
A. House ______ x
. Length.
·-·-·-rM.·f~,t-/t<,fJ · 3 ~A(f/ ·· X
~-Garag~
C. Driveway
· · ··-· -D: ·Sidewalk·
Rjrc~
E. Patio/Deck
· · ··-· · F. "°Landscape .. _, ·. ____ _
Urtderla:~ · .
By Plastic
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X
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X
X
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X
X
X
X
X
X
X
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=
Width
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=
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TOT AL HARDCOVER IN ZONE
-· -· ··-····TOTAL PROPERTY AREA IN·ZONE
A 5 0 J' ~ + B · · I 51 I 'j O :<l 00 =
13
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______ S.F.
______ S.F.
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/>.>A />,II
ORONO PLANNING COMMISSION l\ilEETING
MINUTES FOR MAY 18, 1998
:,,. ( • • . !'·
.. \.d:'.:,. .· -. (#12) . #'2370 GARY O'KEEFE,_ 1392 BALDUR. PA~ ROAD
"7\l.· . CONDITIONAL USE.PERivIIT-9:42.;.10:07 P.M. ·. -. . . .
The Certificate of Mailing and Affidavit of Publication were noted.
Applicant was present.
-VARIAN CE AND
Gaffron reported this is a request for variances for hardcover as well as a variance and conditional
use permit for grading within 5' of a lot line for construction of a new residence to replace the
existing home on the property.· This is a conforming lot as to lot area, and meets the 80% width
standard for the LR-1 C zone. Applicant proposes to tear down the house and garage, and replace
it with a house that meets the lakeshore setback and side setbacks. The applicant proposes tci lower
the top of the hill, and this requires grading within the 0-75' and 75-250' zones. Grading in the site
would r¢sult in fill from the new basement excavation being placed near the road to accommodate
a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75'
zone.
· . Gaffron noted that staff recomm_ends approval of a hardcover-variance, but because of the Joss of
· mature trees, it.is difficult to recommend cutting do'Wn the hill. Staff also recommends denial of the
excavation to create a walkout based on past City practice and the goals and policies against
shoreline topography changes as noted in the Comprehensive Plan.
The applicant noted he bought this property with the intent to build a walkout residence. He stated
that the neighbors are in favor of cutting do,vn the hill, and this would make a more gradual slope
from the lake.· Lindquist asked if the hardcover calculations were done by a surveyor. Applicant
replied no but he felt they are accurate. Gaffron noted he only included the -hardcover items sho\vn
on the survey. Ha\vn asked if this was a bluff. Gaffron replied it did not meet the criteria to be
cons.idered as a bluff.
Mrs. O'Keefe said there is a hardship, as they need something on the south side· of the lot to get to
the garage, noting the topography of the site: · · ·. · ·
Lindquist asked for any public comments. There were none.
Applicant noted that grading in the 0-75' zone \\ill be necessary to remove the present house, so that
excavation to create a walkout would not require much additional ,vork. Gaffron noted that the
problem is there will still be a substantial cutting in the 0-75' zone to create a walkout once the
present foundation is removed and the site brought back to match existing grades.
12
ORONO PLANNING COMMISSION MEETING
l\1INUTES FOR MAY 18, 1998
·.:,;,· -tt •• .l'· . * .. (#12 -#2~70 Gary _O'~eefe-Continued} .
McMilia.ri asked if ttittirig the hill.was· intended as a means to ·obtain fill for the back.of the· site. ·
Applic~t replied no it was to make the lot more level with the neighboring properties.
After additional discussion with applicant and indications by various Commission Members that the
proposal could not be recommended for approval without certain revisions. Lindquist moved, Smith
seconded, to table Applic_ation #2370. Vote: Ayes 5, Nays 0.
. .
(#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANpING -CONDITIO AL
USE PERMIT-10:08-10:12 P.M.
The Certific of Mailing and Affidavit of Publication were noted.
Van Zomeren report the applicant is requesting a condi!ional use permi r land alteration in a
floodplain to scrape on · nch of lawn to fill in another area in the yard. pproximately 40 yards
would be used to top the 1 and 50 cubic yards to be redistributed. St 1s recomq1ending approval .
subject to applicant installi silt fen~ing and obtaining proper apH val from other agencies.
Applicant is doing this project i
Smith asked any for public comment None.
Hawn moved, McMillan seconded, to rec
Ayes s;Nays 0.
. .
The Certificate of Mailing and Affidavit
Applicant present.
District as there is a wetland.
roval to grant conditional use permit. Vote:
ROAD -VARIANCE -10:13-10:30 P.M.
Van Zomeren reported it is zon R-1B, and applicant is asking for a hardcover v_ariance to allow
a deck away from the Narro\· hannel. Approximate hardcover of 19.3 % is proposed to build a
deck on the west side ofth esidence. The house is 8 feet from the channel. Staff is recommending
to remove hardcover to mply.
13
ORONO PLANNING COMMISSION MEETING
·1',UNUTES FOR JUNE 15, 1998 . t\· ---------------------------------(~4 -02383 Christine and Gary Valerius -Continued)
will require a variance fonvetland credit and lot \\idth. Lot 2 consists of 2.28 acres, \\ith 1.93 acres•·
being buildab~. \Vetla.1;ds con.pri~~ a t~~l of 1.2 acres for Lots 1 and 2, which \\ill require standard
drainage and wetland easements. Council had directed that the new lot could be sewered. An
application has been made to the Watershed Distdct for stomiwnter review. · ·
Van Zomeren stated the existing access to the site is a private drivew~y off of Bayside Road.
The applicant needs to supply a well location map and a utility constrnction plan prior to final plat
approval. ·
Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County
has approved the driveway access.
Stoddard questioned the need for a lot ,vidth variance. Van Zomcren stated the combined lots
fall five feet short of the required 400 feet for lot \\idth. No additional land is available for a~quisition
to avoid the need for a variance. Van Zomeren noted only Lot 2 would have lake access.
There were no public comments.
Lindq,uist moved, McMillan seconded, to approve Applicntion #2383 for a two lot subdivision
of the property located at 3750 Bayside Road that includes c.-eating one new lot, a lot width
variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nnys O.
OLD ~USINESS: CONTINUATfON OF P~BLIC HEAR_IN_GS
~ (#3) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCE AND ~ CONDITIONAL USE PERMIT, 7:52 p.rn. -9:04 p.m.
Mr. and Mrs. O'Keefe were present.
Gaffron reported that the Planning Commission previously reviewed the application at its
May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance
· and conditional use pem1it for grading within five feet of a lot line and within the 0-75' lakeshore
protected area to pcm1it construction of a new residence to replace the existing residence.
Gaffron stated the 0-75' protected area exists on both sides of the lot which might constitute a
hardship: •·
At its last meeti_ng ·the Planning ~ommission recomme1idcd that the Applicant limit .
the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the walkout. The Applicant
has submitted a revised site plan which reverses the layout of the house and eliminates the walkout,
with some proposed changes to the driveway to reduce the hardcover. Gaffron stated a h:irdcover
variance, a conditional use permit and variance for excavation arc required. Staff recommended
limiting hardcover to 6765 square feet, \\1th the allowable hardcover in the 75-250' zone limited to
~ Gaffron noted the revised plan calls for 42.8% hardcover. If the 75 foot setback on both ends
of the parcel is taken into account, the proposed hardcover would be around 33%. In order to grant
a variance, the Planning Commission must detem1ine whether a hardship exists with regard to the
side setbacks.
ORONO PLANNING COMMISSION MEETING
MINUTES FOR J~NE 15, 1998
(/J3 -/J2370 Gary O'Keefe -Cont_inued)
City Staff is recommending submittal ofa revised grading plan, limiting the hardcover to 6765
square feet ~f~rall, no y,-a.lkou~ an? evah!_ating whether grading of the hill is appropriate in the 0-75'
zones. -t , ?!•
~ O'Keefe .stated he is ·;.villing to reduc~ hard~over by ~liminating 'a·portion of the dri~ewi}-: · •. . . .
Chair Smith commented she had hoped the hardcover discrepancy could hive been resolved prior··
to tonight's meeting. O'Keefe stated that he calculated the hardcover at 8,665 square feet based on his
O\\ll measurements. Gaffron noted that the staff did not calculate the current hardcover but relied
upon an existing survey. Gaffron commented he would prefer having the O'Keefc's surveyor calculate
the amount of hardcover currently existing rather than have City Staff re\'iew the property. Gaffron
indicated a bigger issue for the Planning Commission to decide upon is what is the appropriate
hardcover for this property.
O'Kecfe inquired why there are differences in hardcover requirements bet,teen Wayzata and
Orono when they share the same Jake. McMillan indicated Orono's ordinances governing hardcover
are more restrictive. ·
O'K~efe also indicated very little grading will be done in the area where the residence is presently
situated.
It was the concensus of the Planning Commission that a revised grading plan needs to be submitted in
orde~ ~o allow them to make a detem1ination on a variance arid conditional use permit.
O'Kcefe indicated he would be ~hie to supply a revised grading plan by Thursda):;
In response to a question by Chair Smith whether Mr. O'Kcefc \\:ould be willing to reduce hardcover
in the 75-250' zones, O'Keefe stated he would be in fa\'or of reducing hardco\'er, noting that the
Planning Commission had recommended hardcover be limited to 40% nt its last meeting. which he
has attempted to comply with. O'Keefc's architect has designed the residence with special pavers
which would allow water to pass through.
Commissioners agreed that grading to blend in with the neighbor's property was acceptable with
an approved grading plan .
. Chair Smith inquired whether anyone from the public wis1icd to comment on this application. -
Dianri Qoetten, City Council Representative, inquired why 40% hmdcovcr was b·eing recommended .
for this _property. · · · ·
Gaffron reported-that 40% in the 75-250' zone was suggested as n figure that could be obtainable for ·
this parcel of land. Since the Applicant is now proposing to raze the existing stmcturc, the property
would be considered as a new buildable lot ' · · · and ,
the standard hardcover requirements would be in effect.
There was no further public comment.
-¥ Ha\,n stated she would like hardcover to be reduced from 40%, noting that no vote was taken on
5
ORONO PLANNING COMMISSION MEETING
MINUTES FORJl}NE 1:-, 1998
(C3 -02370 Gary O'Keefe -Continued)
the 40% hardcover limit. Berg felt that the hardcover ,vas excessive, and suggested the size
oft~e ho:1s~,Re reduc~, noting that thctwpticant should stay within the height restrictions for that
zonmg clistnct . -t t • , .. 1 ·
....
O'Ke~fe· noted that hardc6ver\vai ex~essi~e· because of the driVC\~11\" design b·~s-~d o.n clcv~tions, .
not because of a large house. . . . . . . . . .
Lindquist suggested the desirable amount of hardcover in his view would be 5731 square feet, or 25
percent of the area v,ithin the 75 -250' zone and the south 0 -75' zone.
Chair Smith stated the Applicant has the option of having the Planning Commission vote on the
application as currently proposed or tabling the matter to allow the Applicant more time to consider
the various options open to him. Smith felt the application as presently submitted would not be
recommended for approval, and if denied, there is a mandatory six month ,rniting period before a
new application can be submitted.
O'Keefe state? he has attempted to comply \\ith the requests of the Planning Commission.
', ..
Gaffton stated the current proposal for the hnrdcovcr is at 33% if you take the 75' setback areas into
consideration. In order to reach the 25% hardcover limit, the Applicant must reduce hardcover by
1900 square feet.
·o'Keefe asked how remodeling the existing house would affect hardcover percentages. Smith
responded that requirements arc the same for both remodeling and new construction.·
O'Keefe requested the Planning Commission table the matter.
Smith moved, Lindquist seconded, to table Application #2370. VOTE: Ayes 7, Nays 0.
NE\V BUSINESS: PUBLIC HEARINGS
(#5) 2361 \VILLIAM AND LA WAYNE YAEGER, 310 BIG ISLAND-VARIA 1
9:05 -9:27 p.m.
Gaffron noted the City rezoned Big Island from LR-lA-1 Single Family Lakcshorc Residential
Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-10-11 were
designated as Record Lot 15 by virtue of their common 0\\11Crship by Roy Ahem. Yacgcrs have
subsequently purchased Lot 64 from Ahem, \\ith Lots 8-9-10-11-65 being om1cd by Nam;y Fames.
6
-
_...__ ______ O_R_O...;.N_O_P_LA_N_N...,.IN_G_C_O_M_M_I_S_S_IO_N_M_E_E_T_IN_G _________ __;_ __ T_ .. MINUTES FOR JULY 20, 1998 --l..
(Kirk Otteson, continue~d:}---••-----._...__
Lindquist statml ·if t _ erty ~ ov,er tHii' hardcover limit, a res
further hardcover. Hawn noted agreement. ... . . . .
.• Stoddar mended· his motion by ~dding the stipul~tion that no addiUona hardcove'r will be aitov{ed on
erty. · · ·
Shirl Wickman stated the Planning Commission is inconsistent in th applying of hardcover
restri ions and perhaps should consider adopting a blanket policy to ndle future hardcover
reque
Stoddard ed the Planning Commission and City Council hav eld a joint meeting to discuss
hardcover re sts, and the concensus was to be more cons alive. in granting variances to
hardcover.
Hawn moved, Lin uist seconded, to add a stipulation to the motion calling for no further
hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND
MOTION:. Ayes 6, Nays O. · . .
(#2) 2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE
PERMIT, 6:55 p.m. -7:13 p.m.
Mr. and Mrs. Gary O'Keefe were present.
Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and
June 15, 1998 meetings. The Planning Commission recommended the Applicants limit hardcover to
25 percentin the combined 75'-250' and south 0-75' zones. The Applicants were also requested to
s~bmit a revised grading plan.
Gaffron stated the Applicants !lave-submitted a revised plan calling for a total hardcover of 5,725
square feet which meets the Planning Commission's recommendation from the last meeting. The
revised plan calls for a newly con·structed one-story home with an attached three stall ·garage, and the
Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio,
which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading is proposed in
the north 0'-75' zone to blend contours from old foundation to new ho.me. The grading
plan needs to be further defined if revisions are still planned along the north 0'-75' lot line. The
Applicants are also proposing to construct an optional retention pond in the south 0'-75' zone for
potential mitigation of additional hardcover.
Gaffron commented this new proposal meets the Planning Commission's recommendations from the
prior meeting, and Staff is comfortable with the revised plan.
Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this property and
contained language in the resolution which led the Applicant to conclude that he was entitled to more
Page 2
' ..
~
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(Gary O'Keefe1 continued) .
. . ·'r.,,. --"t ( • _11 ·
.. hardcover than what is being recommended by the Planning Commiss_ion. Hardcover back in 1990
. without _the two_ zones being co'.11bine~ was af app~ox!mately 6,800 ~qllar~ fe~t.-:· _. _ .
Chair Smith questioned whether Staff had a·ny ~oncerns reg~rding the· drainage for this property.
Gaffron remarked Staff is comfortable with what is being proposed.
Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and
a portion of the driveway, but would like the Planning Commission to consider allowing a retention
pond as mitigation in exchange for additional hardcover.
Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance,
but stated the size of the house could be reduced to allow for the patio.
Chair Smith asked for public comment.
· Markt-e:~ighbor, commented he is aware and in favor of what the O'Keefe's are proposin~ io do,
noting that the drainage problems should be alleviated by the proposed grading.
I •
Sharratt stated what Is currently being proposed is the best plan for this property.
Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation
for additional hardcover.
McMillan stated she would not be in favor of addltional hardcover in exchange for toe "retention pond
since it would be setting a dangerous precedent, but felt the retention pond would be an ideal
solution to the drainage issue.
Lindquist stated he was in favor of the proposed plan with the exclusion of the patio.
Stoddard noted the size of the house or the driveway could be reduced to allow for the patio.
Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if
the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for
the patio.
Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to
decide whether the patio is desired.
Hawn stated she also was in favor of limitir:ig the hardcover to 25%. ·
Gaffron .commented if the O'Keefe's decide to add a retention pond, that would need to be done under
a separate application. -
Lindquist moved, Smith seconded, to approve Application #2370, granting a conditional
use permit for grading within s• of a lot line and within the 0-75' lakeshore protected area
to permit construction of a new residence to replace the existing residence for the property
located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25%
in the combined 75-250' and south 0-75' zones with no additional hardcover being allowed.
Per the request of the O'Keefe's, the patio will be eliminated. VOTE: Ayes 6, Nays O.
Page 3
ORONO CITY COUNCIL :MEETING
l\flNUTES FOR JULY 27, 1998
fl. • ~-
... . ·· (#7) #2370. GARY O'KEEFE, 1392 BALD.UR P ARJ{ ROAD.., Y ARIANCES -
RESOLUTION l'f0.·4_1~8 ... + Mrs. O'Keefe .was present.
T
Gaffron reported that the applicants were requesting a hardcover variance and conditionaJ use
permit and variance for grading within 5' of a lot line and within the 0-75' lakeshore setback to
construct a new residence. The revised site plans meet the Planning Commission
recommendation to maintain 25% hardcover, which is a decrease from 7,258 s.f, to 5,725 s.f.
The applicants also proposed a pond but the Planning Commission did not want to tie variance
approvals to stormwater management.
Gaffron noted that no decks were proposed for this lakeshore property. The applicants have
indicate.~ they are willing to give up decks for living space, although a future owner may seek
variances for a deck. Both Planning Commission and staff recommended approval of the
proposed plans.
Jabbour commented that Council had given Planni~g Commission direction to limit the number
ofvariances. · · · ·
Goetten indicated that she had been at two Planning Commission meetings, and the current plan
was a good compromise for the property.
Kelley expressed concern about the mass of buildings on lakeshore properties. He questioned if
Council would want to add a condition limiting additional mass, such as a second story, for this
residence. Jabbour agreed with Kelley that massing is an issue and Council should continue to
monitor lakeshore structures for excessive mass in future applications.
Goetten requested stronger wording in the resolution on Page 5, Condition 2. The word "likely"
. is to be removed indicating that no future incr~ase in hardcover will be approv~d.
Goetten moved, Jabbour seconded, to adopt Resolution No. 4128 granting hardcover
variances in the 75-250' zone to permit construction of a new residence, and to permH
grading and land alterations within the 0-75' lakeshore protected area. Vote: 5 Ayes, 0
Nays.
10
ORONO CITY COUNCIL :MEETING
l\fiNUTES FOR AUGUST 10, 1998
PLANtHNG COMMISSION COMMENTS._ LIZ HA \VN, REPRESENTATIVE . . . . .. · . . . .· . . . . ...
Commissioner Hawn had no comments.
PUBLIC COMI\1ENTS
"7f Gary O'Keefe, 1392 Baldur Park Road, req~ested an amendment to his building plan that was
approved at the July 27 Council meeting to include a patio . He proposed to reduce the 3 car garage
to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio.
Gaffron commented that the revised plan seemed to meet the intent of the previous resolution. He
further explained that hardcover would be reduced to allow for a patio by reducing the size of the
driveway and some rooms in the house, as well as the elimination of a garage stall.
', ..
• r.r
Goetten expressed concern about the proposed lower level storage area. Gaffron responded that no
hard surface was proposed in front of the storage area. It would be accessed by a side service door
and would be used for storage of lawn mowers, snowmobiles, etc.
Kelley requested that the resolution include language stating that no future drive to the lo.wer level
storage area would be allowed, as well as no increase in hardcover.
Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended
resolution on the August 24, 1998 Council agenda for final Council approval.
Jabbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the
property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0.
Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following:
Elimination of the third garage stall.
Patio to be allowed~
No drive will be allowed to the lower level stor~ge area.
No future variances will be granted.
Upper level garage will be limited to two stalls.
Lower level storage area will be for cold storage only.
The revised proposal meets the intent of the original resolution.
Vote: Ayes 4, Nays 0.
4
,, ..
• e.r
CITY of ORONO
tt " jj-. RESOLUTION OF THE CITY COUNCIL
. N 0. . . 4 l t.1--3 ·. . . .
A RESOLUTION TO Al\1END
RESOLUTION NO. 4128
GRANTING VARIANCES TO
l\rlUNICIP AL ZONING CODE
SECTION 10.22, SUBDMSIONS 1 AND 2;
SECTION 10.55, SUBDIVISION 8; AND
SECTION 10.56, SUBDIVISIONS 16(J) Ai""ffi 16(L) AND
GRANTING A CONDITIONAL USE PERL'11T
PER SECTION 10.03 SUBDIVISION 19
-FILE #2370
L
\VHEREAS, Gary O'Keefe (hereinafter "the applicant") is O\\ner 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
\VHEREAS, 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 pennit the construction of a new residence constituting
hardcover in the 75-250' zone in excess of the 25% hardcover nonnally allowed in that zone,
and to pennit grading and land alterations within the 0-75' lakeshore protected area where such
work is normally prohibited.
NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2370.
2. The property is 0.71 acres in area and is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
Page 1 of 6
.~
i ' . ~ ·,., t-[ ~
. ~/ ·. • • RESOLU:l~_N O~T~E~;y COUNCIL
. . 3. The Orono Planning Commissi;n reviewed this applic~tion on May 18, J~e 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 \\ithin 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 \vith 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 pieeting.
the 5,725 s.f. hardcover limit; that no driveway will be allo,ved 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 Cou_ncil 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 p_roperty 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; \Vould not mereiy
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 \vith the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 6
~ . .-;::..-==::--...,
/~0~~-\ /o .. ·· O\ . -
CITY of ORONO
\(.,, \', "· k
,~.A \ ., .l::,;,_. 1··-
~1 6..... --tt 1'· RESOLUTION OF THE CITY COUNCIL < I ~/--· ~,, : No.· 4i4:3 .... ·_
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 ,velfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to neighboring property, nor ,vill
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
', ..
,!,l
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(1) to permit the construction of a new residence and
a...-nenities 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 follo\'\ing conditions:
1. No hardcover will be allowed in the northerly 0-75' zone. The o_nly hardcover
allo\ved 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. Applican~ is advised that hardcover on the property based on this approval ,vill
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
(( ,, ii'-RESOLUTION OF THE CITY COUNCIL
NO. -:4 l &_ :r
3. The revised plan which eliminates a third garage stall at the upper ievel,
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. ,!,r
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 t~e
property.
Page 4 of 6
CITY of ORONO
H ·• ii• RESOLUTION OF THE CITY COUNCIL
NO. 4 1 a. 8 ..
Adopted by the Orono City Council on the 24th day of August, 1998.
ATTEST:
Linda S. Vee, City Clerk
~-• ------tlc==:-:;.,... --->
Property O,vner(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
... ti
STATE OF WNNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
ll' RESOLUTION OF THE CITY COUNCIL
·NO .. 4-1 43
On this o?.9:fn day of C1('t,b.e.-, 1998 before me a Notary Public
within and for said county, personally appeared lc6 t1. tJ '/!..e<':"tP thtr"rci c1ri.
krio\1rn 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.
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
~de tc d e--t--~--:, d'-~.,./
NOTARY PUBLIC
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
75-250' & 0.75• South (Arca= 22,900 sl):
House
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Stoop, w:ilks and ~tio
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TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
DATE: April 7, 1999
SUBJECT: #2457 David and Paula Lindberg
13 92 Baldur Park Road
Variances --Continuation of Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 31,760 sq. ft. (.729 acres)
Exhibits:
AX Elevations 4/6/99
BX Revised survey
CX Hardcover worksheets
Staff Report from March 15, 1999 meeting with exhibits:
A Waiver Form
B Elevations
C Notice to applicant
D Revised survey
E Hardcover worksheets
Previous Staff Report from February:
A Application
B Plat map
B2 Property Owner's list
C Existing survey
D Proposed survey
E Hardcover worksheets
F Elevations
F2&3 Floor Plan
G PC Minutes from 5/18/98
H PC Minutes from 6/15/98
I PC Minutes from 7/20/98
J CC Minutes from 7/27/98
K CC Minutes from 8/10/98
L Resolution #4143
Application:
This application was reviewed at the February and March 1999 Planning Commission meetings.
The Planning Commission suggested that the applicants redesign their proposal to limit structural
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--4/7/99
page--]
coverage to 15% and reduce hardcover.
The applicants are proposing to remove the existing residence to construct a new residence. The
property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in
the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'-
250' setback is requested to allow 4,556 sq. ft. (30%) hardcover where 3,797.5 sq. ft. (25%) is
allowed. The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250'
setback. The March plan reduced hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft.
The April plan reduces hardcover to 4,556 sq. ft. in the 75'-250' setback which is 30% where 25%
is allowed.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(1) and 16(L)
• Section 10.03, Subd. 19
• Section 10.25, Subd. 6
Lot Area and Yards
LR-lC District Standards
Lot Area Lot Width
1/2 acre 100'
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Lot Area Lot Width
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--4/7/99
page--2
ANALYSIS
Street Yard Side Yard
30' 10'
Street Yard Side Yard
Lakeside Yard
75' and ALS*
Lakeside
31,760 sq. ft. 97.5' at 75' proposed to 11' to garage; >75'; porch may
(.72 acres) shoreline; 113' garage 15' required for encroach in the
at 75' setback garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot
width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore
requirements.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House= 1,989 11.36%
Porch=l,416
Overhangs=206
Total =3,611 sq. ft.
The revised plan reduces the structural lot coverage from 12.17% to 11.36%.
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 7,830 sq. ft. 686 sq. ft. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 4,556 sq. ft. 758.5 sq. ft.
(29.10%) (25%) (30%) (5%)
0'-75' 8,740 sq. ft. 3,346 sq. ft. NONE 1,050 sq. ft. 1,050 sq. ft.
(SOUTH)' (38.28%) (8.7%) (8.7%)
The applicants are proposing to remove hardcover in the northerly 0'-75' section of the lot where no
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with new construction which would require a variance to allow 30% where 25% is
allowed. The plan proposes 1,808 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--4/7/99
page--3
in the southerly section to provide a driveway. The proposed driveway requires 1,050 sq. ft. of area
in the southerly 0'-75' setback.
Each variance application must be reviewed separately as a unique application. The applicant needs
to demonstrate that there is a fundamental reason why the City should depart from the Code
requirements for hardcover. The need for a hardcover variance in the 75'-250' setback is a design
issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to
25%, which would result in a smaller footprint.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on
each side, however, is an amenity. It also does not impact the size of the residence because there
is 15,190 sq. ft. oflot area in the 75'-250' area to build a house and a garage.
STAFF RECOMMENDATION
A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south.
There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage,
with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic
consideration and design preferences are not considered hardship under state law.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--4/7/99
page--4
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CERTIFICATE-OF SURVEY FOR
DAVID & PAULA LINDBERG
OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
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PTION OF PREMISES:
18, Block 1, Baldur Park
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1tends to show the boundaries of the above described
the location of an existing house, garage, and all other
over" thereon. It does not purport to show any other
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,· ./ HARDCOVE~CULATION WORKSHEET
-,/ -·--SETBACKZONE: (CIRCLE ONE) ~ 75-250' 250-500'
!"('[,I, 2-16 -'! 'J
500-1000• rrv. 3-l -19
/ EXISTING HARDCOVER IN ZONE fOUiH />AlfT
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Length
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TOTAL PROPERTY Af.IBAIN ZONE
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Length
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TOTAL PROPERTY ARE.A IN ZONE
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HARDCOVER CALCULATION 'WORKSHEET 1-ev. 2,-1 6 -9 <;
SETBACK ZONE: (CIRCLE ONE) 0-75' @) 250-500'
EXISTING HARDCOVER IN ZONE
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TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ B
PROPOSED HARDCOVER IN ZONE.
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Length
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SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-I000'tw, 3 ·Z-") 'l
I EXISTING HARDCOVER IN ZONE ,VOlfT/--/ ~t'f.-1/-S-'l 9 A. House X
Length Width
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C. Driveway X S.F.
X S.F.
D. Sidewalk X S.F.
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E. Patio7Deck · X = S.F.
X S.F.
. F. Landscape X S.F.
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TOT AL HARDCOVER TN ZONE S.F. A
TOTAL PROPERTY AREA TN ZONE S.F. B
A B X 100 = %
PROPOSED HARDCOVER IN ZONE .
. . A ... House X S.F.
Length Width
X = S.F.
X S.F.
X S.F.
R•-Garage X = S.F.
c.· Driveway X = S.F.
X = S.F.
D. Sidewalk X S.F.
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E. Patio/Deck X S.F.
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TOT AL HARD CO VER TN ZONE 0 S.F. A
TOT AL PROPERTY AREA IN ZONE -7?Jo S.F. B
A 0 B 7?3o X 100 0 %
13
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
249-4600
ZONING FILE #2457
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: March 16, 1999
--------------------------------------------------------
TO: Paula & David Lindberg
3440 North Shore Drive
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
COPIES TO:
--------------------------------------
-------------------------------------------------------------
DATE OF MEETING: 3/15/99 VOTE: 5 FOR 0 AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below.
NOTES AND SPECIAL CONDITIONS:
Need to revise hardcover in the 75-250' setback to 30%. Keep structural coverage to 15% or less.
Please provide staff with revised plan, reduced plan copies, elevations, and hardcover worksheets.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the Planning Commission meeting is April 5, 1999 for the April 19 meeting.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2457-2
.I' >
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999
(#6) #2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD, AFTER-THE-FACT
CONDmONAL USE PERMIT-Continued
White moved, McMillan seconded, a motion to approve Application #2454 for Greg and
Marcia Barnum, 150 McCulley Road, for an after-the-fact conditional use permit for land
alternation subject to: .
. . . .
1. · Revie~ of th~ septic sites to ensure that they were riot disturbed.
2. Determine an end date for the stock pile .
3. Change the address to a number on Bayside Road (4760).
4. Applicant to obtain a land alteration permit.
There should not be a double fee for the application.
VOTE: Ayes 4, Nays 0.
(#7) #2455 ROGER AND KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE, VARIANCE, 7:48
p.m. -7:50 p.m.
Roger and Kristine Strauman were present.
Van Zomeren presented the staff report. She said the applicants are requesting a lot area variance to
remove the existing residence and construct a new residence. The lot is approximately one-half acre.
Staff recommends approval of the lot area valiance.
Roger Strauman said he has talked to the neighbors and they do not object to the proposal.
There were no public comments.
White moved, McMillan seconded, a motion to approve Application #2455, Roger and
Kristine Strauman, 123 Chevy Chase Drive, for a lot area variance. VOTE: Ayes 4, Nays 0.
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES, 7:51 p.m.
-8:30 p.m.
David and Paula Lindberg were present.
Van Zomeren presented the staff report. She said the applicants propose to tear down the existing
house and construct a new house and garage. The surveyor has submitted a revised site plan that
would eliminate some the variances. One of the concerns that staff had is that the driveway was not
sized to allow for an adequate back out area. The surveyor did redraw the driveway to provide the
applicant with a better backing out area. All of the structural hardcover is located in the 75'-250'
setback. Van Zomeren displayed the elevations for the proposed residence. The proposed residence
is different that the O'Keefe proposaL The lot has the 0'-75' setback requirement on two sides. In this
plan, the garage is detached and located closer to the street and more of the hardcover is put into
structure rather than driveway. Structural coverage on this proposal is 4,804 square feet or 15.12%. ·
The valiances that this application would need are for hardcover in the 0'-75' setback for the
dliveway, and hardcover in the 75'-250' setback. Grading for the dliveway would require a
conditional use permit because it is within five feet of the property line. She also recommended that
the conditional use permit language reflect that the topography be restored where the foundation is
removed.
The applicants had no comments.
Page 8
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999
(#6) #2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD, AFTER-THE-FACT
CONDITIONAL USE PERMIT, 7:39 p.m. -7:47 p.m.
Marcia Barnum was present.
Van Zomeren presented the staff report. She said the property has 179' on Bayside Road and the
length of the lot foliows McCulley Road. When the property was platted, the address of 150 McCulley
Road was assigned; however, the front of the lot is the narrow end on Bayside and one of the issues
to be addressed is whether or not to recommend that the address be changed.
Van Zomeren said the applicant contacted Hennepin County and obtained a driveway access permit
from Hennepin County. As the driveway was being installed, they discovered debris buried on the
property. A land alteration permit is required because more than 500 cubic yards was disturbed. The
City Engineer, Tom Kellogg, reviewed the plans. He questioned the purpose of the stockpile of dirt
and he wanted to ensure that the septic sites were not disturbed. Van Zomeren said staff does not
believe that the septic sites have been damaged or disturbed.
Van Zomeren did not receive any public comment except from one neighbor who was concerned
about the distance of the driveway located from the intersection. Access from McCulley Road is not
feasible to achieve an 8% ~lope or less for the driveway. ·
Sandy from Diversified Const. said the stockpile of dirt will be used for fill around the house.
Mabusth asked when the applicant plans to get the building permit for the new residence.
Sandy said they applied for the building permit and it will be issued after this matter is settled.
Mabusth asked if the applicant would have a problem with the Bayside address.
Barnum said it would not be a problem. The entrance from Bayside is much more gradual than from
McCulley.
There were no public comments.
McMillan said the driveway entrance from Bayside would be a much better option than McCulley.
She said the applicant should not have to pay after-the-fact fees for this application.
Van Zomeren said that the conditional use permit is needed because as the project progressed,
more than 500 cubic yards of dirt was moved around. It is not known how much dirt would have been
moved around for the driveway if conditions had been typical. The existing conditions on the site that
were unknown led to the problem of the amount of soil that was being moved.
David Dunn, a neighbor, said he feels another driveway on Bayside creates an additional traffic
hazard. He asked if there could be additional signage for a hidden driveway.
Mabusth said Bayside is a county road and Mr. Dunn should contact the County Highway
Department regarding signage.
Page 7
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES·
Continued
Julie and Mark VerSteege, neighbors to the north, said they want to make sure the runoff stays on
the applicant's property, and does not drain into their basement.
Mabusth asked if_the applicants have submitted a grading plah.
Van Zomeren said the plan was submitted to Tom Kellogg, the City Engineer. He said to make sure
silt control fences are used. The City Engineer's first review did not flag any major concerns.
Mabusth asked if the surveyor has confirmed that there is no average Iakeshore setback problem.
Van Zomeren said yes.
Hawn asked if the applicants have looked at reducing the structural coverage by 40 square feet.
David Lindberg said they are willing to reduce the structural coverage.
McMillan questioned the detached garage.
Lindberg said an attached garage would require a larger driveway and additional grading.
McMillan suggested repositioning the garage in order to reduce the slope and improve safety.
Mabusth questioned why the O'Keefe application was so much lower in hardcover in the 75'-250'
setback.
Lindberg said the O'Keefe's had more driveway and a smaller garage.
Mabusth asked how the other commission members felt about the hardcover in the 75'-250' setback.
Hawn said this is a difficult site. She would like to see the structural coverage reduced by 40 square
feet.
Mabusth asked staff to review the variances that would be needed with the current plan.
Van Zomeren said they would need a variance for the 0'-75' setback on the south side, a variance in
the 75'-250' setback to allow 33% where 25% is allowed, a conditional use permit for grading within
five feet of the property line and restoration of the topography.
McMillan asked about the O'Keefe's plan and what the amount of hardcover was in the 75'-250'.
Van Zomeren said it was 5,725 square feet.
Mabusth asked if the garage design would match the house.
Lindberg said the garage would match the house.
Mabusth said the Commission would have a problem approving 33% hardcover in the 75'-250'
setback. She asked about the hardcover that would result from the porches.
Van Zomeren reviewed the square footage of the hardcover. She said they would need to reduce
1,000 square feet to meet the 25% requirement.
Page9
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 16, 1999
(#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES·
Continued
Hawn recommended that the applicants reduce the size of the porches.
Mabusth suggested that the applicants work with staff to reduce the amount of hardcover.
. .
McMillan said the hardcover for the driveway in the 0'-75' is a necessity. She wants to make sure the
driveway is safe. In the 75'-250', she is inclined to approve something similar to the O'Keefe
application. ·
Van Zomeren said the hardcover required is a matter of design, not hardship. The porches contribute
significantly to the hardcover number.
Mabusth feels the design could be changed to meet the hardcover requirements. She recommended
they meet with their architect and work on the design.
Hawn told the applicants they need to meet the 15% structural coverage and reduce hardcover so
that it is close to 30%.
McMillan recommended they look at the design of the garage and driveway approach. She does not
want them to eliminate hardcover in the driveway and reduce safety in order to add more building
hardcover.
Paula Lindberg asked if it would adversely affect their application to make a more gradual slope for
the driveway.
McMillan said she looks at the driveway as a hardship because she does not want them to have an
unsafe driveway; ·
Mabusth recommended they have their final grading plan ready when the application comes before
the Planning Commission again.
Hawn asked if the applicants need to give their permission to extend the 60-day time limit.
Van Zomeren said staff would send the applicants a letter regarding extending the 60-day time limit.
She wanted to make it clear that it is difficult for staff to advise applicants on the square footage that
might be approved because every variance is different.
Hawn moved, McMillan seconded, a motion to table Application #2457,1392 Baldur Park
Road, for variances and a conditional use permit until March 15, 1999. VOTE: Ayes 4, Nays O.
Recess, 8:30 p.m. -8:35 p.m.
(#3) #2398, WAVZATA COUNTRY CLUB, 200 WAVZATA BLVD. W., CONDITIONAL USE
PERMIT AMENDMENT, 8:35 p.m. -8:50 p.m.
Louis Oberhauser was present.
Weinberger presented the staff report. He said the Wayzata Country Club has recently developed a
master plan for the entire golf course. As part of the master plan, the Wayzata Country Club applied
to the City for a Conditional Use Permit for reconstruction, relocation or addition of tees for each of
holes #1-18 and reconstruction, relocation and addition of bunkers along fairways and around most
of the greens. The third phase of the project is the expansion of three pond areas on the property.
The City approved a conditional use permit to complete the work on the tee boxes and bunkers
Page 10
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
M~~c.l~
DATE: Tel5rt:taey.9, 1999
SUBJECT: #2457 David and Paula Lindberg
1392 Baldur Park Road
Variances --Continuation of Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 31,760 sq. ft. (.729 acres)
Exhibits:
A Waiver Form
B Elevations
C Notice to applicant
D Revised survey
E Hardcover worksheets
Previous Staff Report from February:
A Application
B Plat map
B2 Property Owner's list
C Existing survey
D Proposed survey
E Hardcover worksheets
F Elevations
F2&3 Floor Plan
G PC Minutes from 5/18/98
H PC Minutes from 6/15/98
I PC Minutes from 7 /20/98
J CC Minutes from 7/27/98
K CC Minutes from 8/10/98
L Resolution #4143
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/15/99
page--1
Application:
This application was reviewed at the February 1999 Planning Commission meeting. The Planning
Commission suggested that the applicants redesign their proposal to limit structural coverage to 15%
and reduce hardcover.
The applicants are proposing to remove the existing residence to construct a new residence. The
property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in
the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'-
250' setback is requested to allow 4,910 sq. ft. (32.33%) hardcover where 3,797.5 sq. ft. is allowed.
The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250' setback.
The new plan reduces hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(J) and 16(L)
• Section 10.03, Subd. 19
• Section 10.25, Subd. 6
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/15/99
page--2
Lot Area and Yards
LR-lC District Standards
Lot Area Lot Width
1/2 acre 100'
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Lot Area Lot Width
31,760 sq. ft. 97.5' at
(.72 acres) shoreline; 113'
at 75' setback
ANALYSIS
Street Yard Side Yard Lakeside Yard
30' 10' 75' and ALS*
Street Yard Side Yard Lakeside
75' proposed to 11' to garage; >75'; porch may
garage 15' required for encroach in the
garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot
width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore
requirements.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House=2,446 12.17%
Porch= 1,407
Overhangs= 187
Total =4,040 sq. ft.
The revised plan reduces the structural lot coverage from 15.12% to 12.17% by replacing the
detached garage with a 3 car attached garage.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/15/99
page--3
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 7,830 sq. ft. 686 sq. ft. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 4,910 sq. ft. 1,112.5 sq. ft.
(29.10%) (25%) (32.32%) (7.32%)
0'-75' 8,740 sq. ft. 3,346 sq. ft. NONE 900 sq. ft. 900 sq. ft.
(SOUTH)' (38.28%) ·(10.30%) (10.30%).
Driveway
31,760 sq. ft. 8,452 sq. ft. 3,797.5 sq. ft. 5,810 sq. ft. 2,012.5
(26.6% of (25%) (18% of total (6.33%)
total lot area) lot area)
The applicants are proposing to remove hardcover in the northerly O'-75' section of the lot where no
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with new construction which would require a variance to allow 32.32% where 25% is
allowed. The plan proposes 2,012.5 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
in the southerly section to provide a driveway. The proposed driveway requires 900 sq. ft. of area
in the 0'-75' setback ..
The previous resolution #4143 for Gary O'Keefe granted a variance to allow a 2,440 sq. ft. house
with an attached garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was
proposed at 2,245 sq. ft. The previous plan was for a rambler with a two car attached garage.
House
Garage
Stoops, walks, patios
Driveway
Total
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/15/99
page--4
Resolution #4143 Revised Plan 3/99
2,440 sq. ft. 4,040 sq. ft.
680 sq. ft. ---------
360 sq. ft. 60 sq. ft.
2,245 sq.ft. 1,710 sq. ft.
5,725 sq. ft. 5,810 sq.ft.
Each variance application must be reviewed separately as a unique application. The applicant needs
to demonstrate that there is a fundamental reason why the City should depart from the Code
requirements for hardcover. The need for a hardcover variance in the 75'-250' setback is a design
issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to
25%.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on
each side, however, is an amenity. It also does not impact the size of the residence because there
is 15,190 sq. ft. oflot area in the 75'-250' area to build a house and a garage.
STAFF RECOMMENDATION
A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south.
There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage,
with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic
consideration and design preferences are not considered hardship under state law.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--3/15/99
page--5
February 17, 1999
David and Paula Lindberg
3440 North Shore Drive
Wayzata, Minnesota 55391
Re: #2457
1392 Baldur Park Road
A
WAIVERFORM
I am requesting continuation of the review of my application for conditional use permit and
vanance.
I release and waive any of the City's obligations to proceed and conclude review of my application
in a timely manner which includes any statuatory obligation for timely review.
2-/zzfn
Dlte
II
II
RUN DATE 01/12/99
BATCH 502
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
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 HN 55391
38 08-117-23 31 0007
00038 ADDRESS UNASSIGNED
WILLIAM J H FRANKLIN
WILLIAN 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 08~111-23 34 0034
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY Of ORONO
PO BOX 66
CRYSTAL BAY HN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 08-117-23 31 0002
01396 BALDUR PARK RD
R J & HA WETT TRUSTEES
RICHARD & MARGE WETT
13% 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
WILLIAN L/KRISTI B ANDERSON
WILLIAN 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
G W O'KEEFE & L H O'KEEFE
G W O'KEEFE & L H O'KEEFE
1392 BALDUR PARK RD
WAYZATA HN 55391
38 08-117-23 31 0006
00038 ADDRESS UNASSIGNED
WILLIAN 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
. 'A
,_VJ.
II
II
RUN DATE 01/12/99
BATCH 502
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
Top.. 3St)' ~Db:
d 12.ohvo-
t\v-td'\ \hson
Ll3\ [) . t<\
t,:,\1\\1
l '-\'L'-\ ~\<\\)< 'PO¥t (2,d.
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(lt.:;)
R,.,l: e.J
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REPORT NO. PI435401
PAGE 6
~\
t~vt\l, e . r\-a. 5-futs
l'-tq_ ~\do( Pa.ttk. PJ.
\1JO-q~~ I HtJ t;~?At
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT
0 APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
DATJ--1?Jtq~~ BY 7b fdl-Q4la.#gsfF.
ZONING FILE #2457 CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: February 17, 1999
TO: David and Paula Lindberg
3440 North Shore Drive
Orono, MN 55391
COPIES TO:
-------------------------------------------------
TYPE OF APPLICATION: Variance/Conditional Use Permit
DATE OF MEETING: 2/16/99 VOTE: 4 FOR 0 AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below.
NOTES AND SPECIAL CONDITIONS:
1. Need to reduce hardcover in 75-250' setback.
2. Need to meet 15% structural lot coverage requirement.
3. Grading plan for conditional use permit.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the March 15, 1999 meeting is February 26, 1999.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2457
-· ~ ;/
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1
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
DATE: February 9, 1999
SUBJECT: #2457 David and Paula Lindberg
13 92 Baldur Park Road
Variances and Conditional Use Permit--Public Hearing
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area:
Exhibits:
Application:
31,760 sq. ft. (.729 acres)
A Application
B Plat map
B2 Property Owner's list
C Existing survey
D Proposed survey
E Hardcover worksheets
F Elevations
F2&3 Floor Plan
G PC Minutes from 5/18/98
H PC Minutes from 6/15/98
I PC Minutes from 7 /20/98
J CC Minutes from 7 /27 /98
K CC Minutes from 8/10/98
L Resolution #4143
The applicants are requesting hardcover variances in the south 0'-75' setback and
the 75'-250' setbacks and a conditional use permit to grade for a driveway in the
0'-75' setback and within 5' of the west property line.
The proposed plan also requires a side yard variance for the garage to be located 11'
from the property line where 15' is required for a garage that exceeds 750 sq. ft. A
variance would also be required to locate the garage closer than 1 O' to the principal
#245 7 David and Paula Lindberg
1392 Baldur Park Road
PC--2/16/99
page--]
structure.
The proposed plan also shows a portion of the porch possibly being located
ahead of the average lakeshore setback. The surveyor should confirm the
average lakeshore setback line. The proposal includes 15.12% structural
coverage where 15% is allowed. A structural lot coverage variance is required.
A previous application for this property was considered in 1998. The minutes and
resolution #414 3 regarding that application are attached to this report. The applicants
are prospective or new buyers of the property.
Pertinent Ordinances:
• Section 10.22, Subd. 1 and 2.
• Section 10.55, Subd. 8
• Section 10.56, Subd. 16(J) and 16(L)
• Section 10.03, Subd. 19
• Section 10.25, Subd. 6
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--2/16/99
page--2
ANALYSIS
Lot Area and Yards
LR-lC District Standards
Lot Area Lot Width
1/2 acre 100'
* Average Lakeshore Setback
Subject Property Lot Area and Yards
Lot Area Lot Width
31,760 sq. ft. 97.5' at
(.72 acres) shoreline; 113'
at 75' setback
Street Yard Side Yard Lakeside Yard
30' 10' 75' andALS*
Street Yard Side Yard Lakeside
75' proposed to 11' to garage; >75'; porch may
garage 15' required for encroach in the
garage over 750 ALS
sq. ft.
The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot
width requirement. The proposed plan does not meet the side yard requirement for the garage nor
the 1 0' separation of structures. It appears a portion of the porch may encroach into the average
lakeshore setback.
Structural Coverage
Total Lot Size Total Structural Coverage Proposed Structural Proposed
Allowed (15%) Coverage Percentage
31,760 sq. ft. 4,764 sq. ft. House=2,126 15.12%
Porch= 1,820
Garage=858
Total =4,804 sq. ft.
The proposed plan exceeds the allowed structural coverage by 40 sq. ft. A variance is required for
this plan.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--2/16/99
page--3
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
0'-75' 7,830 sq. ft. 686 sq. ft. NONE NONE NONE
(NORTH) (8.76%)
75'-250' 15,190 sq. ft. 4,420 sq. ft. 3,797.5 sq.ft. 5,080 sq. ft. 1,282.5 sq.ft.
(29.10%) (25%) (33.44%) (8.44%)
0'-75' 8,740 sq. ft. 3,346 sq. ft. NONE 640 sq. ft. 640 sq. ft.
(SOUTH)' (38.28%) (7.32%) (7.32%)
Driveway
31,760 sq. ft. 8,452 sq. ft. 3,797.5 sq. ft. 5,720 sq. ft. + 1,922.5 sq.
(26.6% of (25%) (18% of total ft.
total lot area) lot area)
The applicants are proposing to remove hardcover in the northerly 0'-75' section of the lot where no
hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and
replace it with new construction which would require a variance to allow 33.44% where 25% is
allowed. The plan proposed 1,922.5 sq. ft. more hardcover than the maximum allowed by the
ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed
in the southerly section to provide a driveway. Staff does not believe that the driveway is adequate
to provide parking in front of the garage.
The previous resolution #4143 granted a variance to allow a 2,440 sq. ft. house with an attached
garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was proposed at 2,245
sq. ft.
#2457 David and Paula Lindberg
I 392 Baldur Park Road
PC--2/16/99
page--4
Resolution #4143 Application
House 2,440 sq. ft. 3,946 sq. ft.(includes 1,820
sq. ft. for porch)
Garage 680 sq. ft. 858 sq. ft.
Stoops, walks, patios 360 sq. ft. 156 sq. ft.
Driveway 2,245 sq.ft. 760 sq. ft.(not enough
parking area in front of
garage)
Total 5,725 sq. ft. 5,720 sq. ft.
The application proposes less hardcover than the amount of hardcover that was approved in the
previous resolution. This application, however, requires more variances for side yard setback for
the garage, setback between the accessory and principal structures and a structural lot coverage
variance. Staff also does not believe that the driveway was drawn to adequately reflect what is
typically needed for a parking area in front of a 3 car garage.
Where the previous application required a hardcover variance to allow a longer driveway to match
the topography and to allow an attached garage, this application minimizes the non-structural
hardcover for a driveway by proposing a detached garage with a narrow parking pad. More
hardcover is put into structures--for the larger garage and the porch.
The need for a hardcover variance in the 75'-250' setback is a design issue and is not due to any
uniqueness of the lot. Hardcover and structural coverage could be reduced through redesign. The
Planning Commission should also consider the location and size of the detached garage as the garage
doors will face the lake and the adjacent property to the west currently may enjoy a view of the lake
through this area. The average lakeshore setback does not apply to the street side of this lot even
though it is located on the lake.
STATEMENT OF HARDSHIP
The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on
each side, however, is an amenity.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--2/16/99
page--5
STAFF RECOMMENDATION
A hardcover variance and conditional use permit is appropriate for a reasonable driveway in the 0'-
75' setback on the south. That does not justify, however, granting a hardcover variance in the 75'-
250' setback where a house and garage with driveway could be constructed with less than 3,797.5
sq. ft. of hardcover.
No hardship exists to grant variances for side yard setback, structural coverage or to reduce the 1 O'
required distance between the principal and accessory structure. Further, no hardship exists to locate
the porch ahead of the average lakeshore setback.
Staff recommends that the applicant redesign to reduce variances. A hardcover variance in the
southerly 0'-75' setback for a driveway and a conditional use permit to grade would be feasible.
#2457 David and Paula Lindberg
1392 Baldur Park Road
PC--2/16/99
page--6
,A
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee . $250.00
($50 .00 per each additional variance)
Renewal Variance Fee $i50.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMA TIOI'{
Site Address (3Cfl. 3C\\dl.e_..-:P~k-Q).
Application#_,;2_-~L/;....:5~7'---_
Date Received , / I "I I tt 9
Amount Paid ,z SO~ _..=..,::;..;;;._ __
Property Identification Number (P.I.D. ) __ ('i3=4-L-\_,_,_\......,J~1,.....;:;3_;_~_l;_"_e>_e>_3;...._. ________ _
Attach legal description to application if not included on required survey.
Date P~ ~cquired ___________________ (month/year)
I (do) ~also own the adjacent parcels of land.
Present use of .property: _)(_residential __ other (specify) _________ _
Zoning District: / IL I -L (' I z Cl Ore, )
\) t1t.o~1\c.. u:>I~ ~s-~1-l~l'f
APPLICANT \!°"~ Phone(home) foll-t./JJ-1"5C'=,
Name ::I;hll,J L\vJ.\~)j q:Xa,~ lz~ Phone(work) -,.. %2.-L/IO(
ra.:/...
CPst-4(Q<.,
Address: S't40 ,o. £b>K Dr-, ~City: 0'n21A" ~S/ Zip: ~53'f /
OWNER (if different than applicant) · ~we~ Phone (home{~t-i) Cf]-tf-!J'""
Name Go..'l'y 0 1 \<.e~e-<l Lcw.ir~{,◊\u:e,\C Phone (work) C(L{(-,-er (CQri)
Address:____________ City: ________ Zip: ___ _
Lot Width Lot Coverage --.
Setback: Front Side · Rear Average Lakeshore ·
__ Other (specify) ______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficul y or unusual propert
compliance with Zoning Code requirements:-l-"-=r,_e.-__._/....::::5~~:.,:c:.L-=-e1--1o"'-'-.L..::....!.'---1......::.......:::.:,,:;..:q:::..;"--"-"'-+-...r...:q,c.,
WqJ/-l1 c'.-1 R--o -15"' --Z.Otl\ef ch<'kJ 4e Aawf ca<~ r _
(attach additional sheets if necessary)
.tff~ ./ ft\) ,~~·~:~~
..&, ...
-lq't>'
~60~ fo~ o
,rr . CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
1999 APPLICATION DEADLINES
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Planning Commission: City Council: (regular) Application D~e
Wednesday at ON on: City Council Chambers Council Chambers
6:30 p.m. 7:00 p.m.
December 16, 1998 ~ Tuesday, January 19, 1999 February 8, 1999
January 20, 1999 ~ Tuesday, February 16, March 8, 1999
~1999 ~ .. ~ -~y' fae...
February 17, 1999 ~1day, March 15, 19? April 12, 1999
March 17, .1999 Mon~y, April 19yt{99 May 10, 1999
· April 21, 1999 Monda~av(i, 1999 June 14, 1999
May 19, 1999 Monday,Ae 21, 1999 July 12, 1999
June 23, 1999 Mo~, July~' 1999 August 9, · 1999
July 21, 1999 l;v{onday, August' 16, 1999 September 13, 1999
August 18, .1999 / Monday, Sept. 20~99 October 11, 1999
September 22, 1999 Monday, Octobe·r··18,~ ~ovember 8, 1999
"-!
October 20, 1999 Monday, Nov. 15, 1999 December 13, 1999
No Meeting in December
December 22, 1999 Tuesday, January 18, 2000 January 24, 2000
5
Telephone (612) 473-7357 • FAX 473-0510
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OF
CERTIFICATE OF SURVEY FOR
LINDBERG . DAVID & PAULA
LOTS 17 AND
. HENNEPIN
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1, BALDUR
MINNESOTA
18, BLOCK
COUNTY,
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LEGAL DESCRIPTION OF PREMISES:
Lots: 17 and 18, Block 1, Baldur Park
This survey intends to show the boundaries of the above described
proper:ty, and the location of an existing house, garage, and all other
visible "hardcover" thereon. It does not purport to show any other
improvements or encroachments.
o Denotes iron marker
Bearings shown are based upon an assumed datum
Ddum: Mean sea level
0-75 FT. ZONE AREA: 16570+-S. F.
> 75 FT. ZONE AREA: 15190+-S. F.
·,o,n,,'oJE" {LEJ/,fT'/'7Y.f ..
1) TPf" ~f r-~r.v = "t-14. o
L) dAfft'<,-.,-r 9?5. Z
... J)iJt'r,t<N(# tr,l.lf.A?(",:;. 9]7,0
OESICNED ,. REVISION I DA TE I D£SCR1PTION I I •
CORFIN & GRONBERG, INC. 1-~ I l i--· -F · · · . . ONSUL TING ENGt-lEERS, LANO SURVEYORS, SITE PLANNER
-. 482 TAMARACK AVENUE, 'LONG LAKE, MN. 55356
CHECKED 612473-4141
()()"' 1
~~~R~p;f!}tJy T~\~~NMY~~~A~:'.:e:R~~P~ I~
THAT I AM A DULY LICENSEI:1 PROFESSIONAL ENGINEER UNDER
THE LAWS Of THE STATE Of MINN::SOTA.
JOB NO.
99015
c:,
1,//;/i, ..:.~• , /, .· L 1.) t / ~ v· l--!,v -/ '7
_ ;/-HARDCOV~LCULATION WORKSHEET
•. ,;l -·· -S£TBACKZONE: (CIRCLEONE) 0-75' 75-250' 250-500' 500-1000'
/ EXISTING HARDCOVER IN ZONE JO ur/1 /JA,tT E = SF / . A. House x
Width Length
X = S.F.
X = S.F
X = S.F.
...
B. Garage X S.F.
C. Drive'Yay .. X S.F
X S.F.
D. Sidewalk X S.F.
X S.F.
E. Patio/Deck X SF
X SF
F. Landscape X S.F.
Underlain X S.F.
By Plastic X S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER INZONE S.F. A
TOTAL PROPERTY AREA.IN ZONE
~140
S.F. B
A 33%····· B X 100 38. ?_t;; %
PROPOSED HARDCOVER IN ZONE.
A House X S.F.
Length Width
X S.F.
X = S.F.
X S.F.
Ef Garage X = S.F.
C. Driveway X 6'fo S.F.
X S.F.
D. Sidewalk X S.F.
X = S.F.
E. Patio/Deck X S.F.
·-·· -·· '"""" '' . X = S.F.
F. Landscape X = S.F.
.... _ ll,pqerlain .. X sr.·
By Plastic X = S.F
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE ('-to · s.F. A
..
TOTAL PROPERTY AREAIN ZONE ~73/0 S.F. B
A·-6'-tt> B g7 t;o X 100 ?. l2 %
13
/)/i j/() L/µt)(if/tt,,-. 1-2~-1J
:/ HARDCO~CULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE ,VC)t<Tl-1 <it
.
A. House X S.F.
/ Length Width
X S.F.
X S.F. ·'\:
X = S.F
·-·· -· B, . . (}arag~ •. X S:F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk X S.F.
X = S.F.
E. • PatiorGeck X = S.F.
X = S.F.
F. Landscape X S.F.
Underlain X = S.F.
By Plastic X S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER fN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE l <& 30 S.F. ·s
A ~'ll (p B x JOO = t.1" %
PROPOSED HARDCOVER IN ZONE.
· ____ A. .... House. X S.F-: ·-"~ _ .. ,, ........ ,, .
Length Width
X S.F.
X = S.F.
X = S.F.
B. C3-arage X = S.F.
C. . Driveway· X = S.F.
•••-a" .... X = S.F.
·:::. ·D: Sidewalk X = S.F.
X S.F.
E. Patio/Deck X = S.F.
X S.F.
F. Landscape X S.F.
Underlain X = S,F.
By Plastic X S.F.
Or Fabric
G. Other X S:.f:
..... ~~ _ .. ~ ... , . ' ' __ ,.,. _ ......... , .. , TOTAL HARDCOVER rNZONE 0 S.F. A
TOTAL PROPERTY AREA fN ZONE -7J> ,l_o S.F. B
A 0 B 7J>3o X JOO = 0 %
13
. / PAf/l/) i //t.d)ti f RC 1-20-99
/ HARDCOVER CALCULATION ·woRKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000'
!);XISTlNG HARDCOVER 1N ZONE
A. ·House X SF
I Length Width
X SF
X = S.F.
X SF
B. Garage X SF
·-· C. ·Driveway· X S.F.
X S.F.
D. Sidewalk X = S.F.
X SF
...... ,, '
E. Patio/Deck X S.F.
X S.F.
· F: landscape X S.F.
Underlain X = S.F. ·
By Plastic X = S.F.
Or Fabric
G, Other X S.F.
.. TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE
1-;, I 'lo S.F. B
A 44'2..0 B xlOO a_(:\ la ·····%
PROPOSED HARDCOVER IN ZONE.
A. House X 2 IOi_ S.F.
Length Width
·-· -.,C.1-,HJ'tlt-CO 3 €11 CH · x = /8 S.F.
X = S.F.
X S.F.
B. Garage '33 X 26 = 858 S.F.
.. ·-·· ·c.··· brive;ay X = /20 S.F.
X S.F.
· ··-· D: Sidewalk X = 156 S.F.
X = S.F.
Rfrc~
E. Patio/Deck X = .132 o S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X S.F.
By Plastic X = S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER IN ZONE S~J>O S.F. A
· TOTAL PROPERTY AREA IN ZONE l5t 1'j_o· .. S.F. 13·
A 5~J}O B 151 1'/o X 100 = .l:i. ~i % •·
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6'-0' f)'-0'
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COVERED
DECK
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<SREAT ROOM
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1~ ""' ~ ""' m ""' "" "4b~t~J±:zj ~ I t
LIVINe ROOM
ENTRY
'6'--0'
COVERED
DECK
DININ<S ROOM
MAIN FLOOR FLAN
SCALE, 1/4' • 1'-t,•
MAIN FLOOR AREA = 2,1<2>8 5QFT.
UPPER FLOOR AREA = l,'312 SQFT.
111
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Pl.AN NOTES
I. AU.DIJoeel~~~l"~TWH9
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,0-,91
ORONO PLANNING COMMISSION MEETING
MINUTES FOR MAY 18, 1998
(#12) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCE AND
CONDITIONAL USE PERMIT-9:42-10:07 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Applicant was present.
Gaffron reported this is a request for variances for hardcover as well as a variance and conditional
use permit for grading within 5' of a lot line for construction of a new residence to replace the
existing home on the property.· This is a conforming lot as to lot area, and meets the 80% width
standard for the LR-lC zone. Applicant proposes to tear down the house and garage, and replace
it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower
the top of the hill, and this requires grading within the 0-75' and 75-250' zones. Grading in the site
would result in fill from the new basement excavation being placed near the road to accommodate
a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75'
zone.
Gaffron noted that staff recommends approval of a hardcover variance, but because of the loss of
mature trees, it is difficult to recommend cutting down the hill. Staff also recommends denial of the
excavation to create a walkout based on past City practice and the goals and policies against
shoreline topography changes as noted in the Comprehensive Plan.
The applicant noted he bought this property with the intent to build a walkout residence. He stated
that the neighbors are in favor of cutting down the hill, and this would make a more gradual slope
from the lake. Lindquist asked if the hardcover calculations were done by a surveyor. Applicant
replied no but he felt they are accurate. Gaffron noted he only included the hardcover items shown
on the survey. Hawn asked if this was a bluff. Gaffron replied it did not meet the criteria to be
cons.idered as a bluff.
Mrs. O'Keefe said there is a hardship, as they need something on the south side of the lot to get to
the garage, noting the topography of the site.
Lindquist asked for any public comments. There were none.
Applicant noted that grading in the 0-7 5' zone will be necessary to remove the present house, so that
excavation to create a walkout would not require much additional work. Gaffron noted that the
problem is there will still be a substantial cutting in the 0-75' zone to create a walkout once the
present foundation is removed and the site brought back to match existing grades.
12
ORONO PLANNING COMMISSION MEETING
MINUTES FOR MAY 18, 1998
* (#12 -#2370 Gary O'Keefe -Continued)
McMillan asked if cutting the hill was intended as a means to obtain fill for the back of the site.
Applicant replied no it was to make the lot more level with the neighboring properties.
After additional discussion with applicant and indications by various Commission Members that the
proposal could not be recommended for approval without certain revisions. Lindquist moved, Smith
seconded, to table Application #2370. Vote: Ayes 5, Nays 0.
(#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING -CONDITIO AL
USE PERMIT-10:08-10:12 P.M.
The Certific of Mailing and Affidavit of Publication were noted.
Van Zomeren report the applicant is requesting a condi~ional use permi r land alteration in a
floodplain to scrape on · nch of lawn to fill in another area in the yard. pproximately 40 yards
would be used to top the 1 and 50 cubic yards to be redistributed .. St 7 lS recommending approval
subject to applicant installi silt fencing and obtaining proper apr, val from other agencies.
Applicant is doing this project i
Smith asked any for public comment None.
Hawn moved, McMillan seconded, to rec
Ayes 5, Nays 0.
(#14) #2373 STEVE BECK, 2795 SHAD
The Certificate of Mailing and Affidavit
Applicant present.
District as there is a wetland.
roval to grant conditional use permit. Vote:
ROAD -VARIANCE-10:13-10:30 P.M.
Van Zomeren reported it is zon R-lB, and applicant is asking for a hardcover variance to allow
a deck away from the Narro hannel. Approximate hardcover of 19 .3 % is proposed to build a
deck on the west side of th esidence. The house is 8 feet from the channel. Staff is recommending
to remove hardcover to mply.
13
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JUNE IS, 1998
(#4 -#2383 Christine and Gary Valerius -Continued) ...
will require a variance for wetland credit and lot width. Lot 2 consists of 2.28 acres, with 1.93 acres'
being buildable. Wetlands comprise a total of 1.2 acres for Lots I and 2, which ,,·ill require standard
drainage and wetland easements. Council had directed that the new lot could be se\\·ered. An
application has been made to the Watershed District for stonmrnter review.
Van Zomeren stated the existing access to the site is a private driveway off of Bayside Road.
The applicant needs to supply a well location map and a utility construction plan prior to final plat
approval.
Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County
has approved the driveway access.
Stoddard questioned the need for a lot width variance. Van Zomeren stated the combined lots
fall five feet short of the required 400 feet for lot width. No additional land is available for acquisition
to avoid the need for a variance. Van Zomeren noted only Lot 2 would have lake access.
There were no public comments.
Lindquist moved, McMillan seconded, to approve Application #2383 for a two lot subdivision
of the property located at 3750 Bayside Road that includes creating one new lot, a lot width
variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0.
OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS
~ (#3) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCE AND
~ CONDITIONAL USE PERMIT, 7:52 p.m. -9:04 p.m.
Mr. and Mrs. O'Keefe were present.
Gaffron reported that the Planning Commission previously reviewed the application at its
May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance
and conditional use pem1it for grading \\'ithin five feet of a lot line and within the 0-75' lakcshore
protected area to pem1it construction of a new residence to replace the existing residence.
Gaffron stated the 0-75' protected area exists on both sides of the lot which might constitute a
hardship.
At its last meeting the Planning Commission recommended that the Applicant limit
the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the walkout. The Applicant
has submitted a revised site plan which reverses the layout of the house and eliminates the walkout,
with some proposed changes to the driveway to reduce the hardco\'er. Gaffron stated a hardcover
variance, a conditional use permit and variance for excavation arc required. Staff recommended
limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-25d zone limited to
~ Gaffron noted the revised plan calls for 42.8% hardcover. If the 75 foot setback on both ends
of the parcel is taken into account, the proposed hardcover \\'0tild be around 33%. In order to grant
a variance, the Planning Commission must determine \\'hcthcr a hardship exists \\'ith regard to the
side setbacks.
ORONO PLANNING CO!\IMISSION MEETING
MINUTES FOR JUNE 15, 1998
(#3 -#2370 Gary 0 1 Keefe -Continued)
City Staff is recommending submittal of a revised grading plan, limiting the hardcover to 6765
square feet overall, no walkout, and evaluating whether grading of the hill is appropriate in the 0-75'
zones.
O'Keefe _stated he is :willing to reduce hardcover by eliminating a portion of the driveway.
Chair Smith commented she had hoped the hardcover discrepancy could have been resolved prior
to tonight's meeting. O'Keefe stated that he calculated the hardcover at 8,665 square feet based on his
own measurements. Gaffron noted that the staff did not calculate the current hardcover but relied
upon an existing survey. Gaffron conm1cnted he would prefer having the O'Keefc's surveyor calculate
the amount of hardcover currently existing rather than have City Staff revie,,· the property. Gaffron
indicated a bigger issue for the Planning Commission to decide upon is what is the appropriate
hardcover for this property.
O'Keefe inquired why there are differences in hardcover requirements between Wayzata and
Orono when they share the same lake. McMillan indicated Orono's ordinances governing hardcover
are more restrictive.
O'Keefe also indicated very little grading will be done in the area where the residence is presently
situated.
It was the concensus of the Planning Commission that a revised grading plan needs to be submitted in
order to allow them to make a determination on a variance and conditional use permit.
O'Kecfe indicated he would be able to supply a revised grading plan by Thursday.
In response to a question by Chair Smith whether Mr. O'Keefc ,,:ould be willing to reduce hardcover
in the 75-250' zones, O'Keefe stated he \You Id be in favor of reducing hardcover, noting that the
Planning Commission had recommended hardcover be limited to 40% at its last meeting. which he
has attempted to comply with. O'Kecfc's architect has designed the residence \Yith special pavers
which would allow water to pass through.
Commissioners agreed that grading to blend in with the neighbor's property was acceptable with
an approved grading plan.
Chair Smith inquired whether anyone from the public wis1'led to comment on this application. -
Diann Goctten, City Council Representative, inquired why 40% hardcover \Yas being recommended _
for this property.
Gaffron reported that 40% in the 75-250' zone was suggested as a figure that could be obtainable for ·
this parcel of land. Since the Applicant is now proposing to raze the existing structure, the property
would be considered as a new buildable lot, · · and
the standard hardcover requirements would be in effect.
There was no further public comment.
--¥, Hm\n stated she would like hardcover to be reduced from 40%, noting that no vote ,vas taken on
5
ORONO PLANNING COMMISSION I\IEETING
MINUTES FOR JUNE 15, 1998
(#3 -#2370 Gary O'Keefe -Continued)
the 40% hardcover limit. Berg felt that the hardcover was excessive, and suggested the size
of the house be reduced, noting that the Applicant should stay within the height restrictions for that
zoning district.
O'Keefe noted that hardcover was excessive because of the drive\'iay design based on elevations,
not because of a large house.
Lindquist suggested the desirable amount of hardcover in his view would be 5731 square feet, or 25
percent of the area within the 75 -250' zone and the south O -75' zone.
Chair Smith stated the Applicant has the option of having the Planning Commission vote on the
application as currently proposed or tabling the matter to allow the Applicant more time to consider
the various options open to him. Smith felt the application as presently submitted \\'Ould not be
recommended for approval, and if denied, there is a mandatory six month waiting period before a
new application can be submitted.
O'Keefe stated he has attempted to comply with the requests of the Planning Commission.
Gaffron stated the current proposal for the hardcover is at 33% if you take the 75' setback areas into
consideration. In order to reach the 25% hardcover limit, the Applicant must reduce hardcover by
1900 square feet.
O'Keefe asked how remodeling the existing house would affect hardco\'er percentages. Smith
responded that requirements are the same for both remodeling and new constmction.
O'Keefe requested the Planning Commission table the matter.
Smith moved, Lindquist seconded, to table Application #2370. VOTE: Ayes 7, Nays 0.
NEW BUSINESS: PUBLIC HEARINGS
(#5) 2361 WILLIAM AND LA WAYNE YA EGER, 310 Bl G ISLAND -VARIA
9:05 -9:27 p.m.
Gaffron noted the City rezoned Big Island from LR-I A-I Single Family Lakcshore Residential
Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-10-l l ,Yere
designated as Record Lot 15 by virtue of their common ownership by Roy Ahem. Yaegers have
subsequently purchased Lot 64 from Ahem, with Lots 8-9-10-11-65 being O\\ncd by nrncy Fames.
6
f-\
s
-
________ o_R_O_N_O_P_L_A_N_N_,N_G_c_o_M_M_1s_s_1o_N_M_E_E_T_I_N_G _________ T_. MINUTES FOR JULY 20, 1998 ...L_
(Kirk Otteson, continued~)~---••---•--.-.
Lindquist stated if _ttlJilllllffl'.rnerty is over the hardcover limit, a res
property restri · urther hardcover. Hawn noted agreement.
Stoddar mended his motion by adding the stipulation that no additiona hardcover will be allowed on
this pr erty.
Shirl. Wickman stated the Planning Commission is inconsistent in th
restri ions and perhaps should consider adopting a blanket policy to
reque
applying of hardcover
ndle future hardcover
ed the Planning Commission and City Council hav eld a joint meeting to discuss
hardcover re sts, and the concensus was to be more cons ative in granting variances to
hardcover.
Hawn moved, Lin uist seconded, to add a stipulation to the motion calling for no further
hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND
MOTION: Ayes 6, Nays 0.
(#2) 2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE
PERMIT, 6:55 p.m. -7:13 p.m.
Mr. and Mrs. Gary O'Keefe were present.
Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and
June 15, 1998 meetings. The Planning Commission recommended the Applicants limit hardcover to
25 percent 1JJ,1 the combined 75'-250' and south 0-75' zones. The Applicants were also requested to
s~bmit a re\}ised grading plan.
Gaffron stated the Applicants have submitted a revised plan calling for a total hardcover of 5,725
square feet which meets the Planning Commission's recommendation from the last meeting. The
revised plan calls for a newly constructed one-story home with an attached three stall garage, and the
Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio,
which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading is proposed in
the north 0'-75' zone to blend contours from old foundation to new ho.me. The grading
plan needs to be further defined if revisions are still planned along the north 0'-75' lot line. The
Applicants are also proposing to construct an optional retention pond in the south 0'-75' zone for
potential mitigation of additional hardcover.
Gaffron commented this new proposal meets the Planning Commission's recommendations from the
prior meeting, and Staff is comfortable with the revised plan.
Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this property and
contained language in the resolution which led the Applicant to conclude that he was entitled to more
Page 2
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(Gary O'Keefe, continued)
hardcover than what is being recommended by the Planning Commission. Hardcover back in 1990
without the two zones being combined was at approximately 6,800 square feet.
Chair Smith questioned whether Staff had any concerns regarding the drainage for this property.
Gaffron remarked Staff is comfortable with what is being proposed.
Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and
a portion of the driveway, but would like the Planning Commission to consider allowing a retention
pond as mitigation in exchange for additional hardcover.
Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance,
but stated the size of the house could be reduced to allow for the patio.
Chair Smith asked for public comment.
Markt~~ighbor, commented he is aware and in favor of what the O'Keefe's are proposing to do,
noting that the drainage problems should be alleviated by the proposed grading.
Sharratt stated what is currently being proposed is the best plan for this property.
Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation
for additional hardcover.
McMillan stated she would not be in favor of additional hardcover in exchange for the retention pond
since it would be setting a dangerous precedent, but felt the retention pond would be an ideal
solution to the drainage issue.
Lindquist stated he was in favor of the proposed plan with the exclusion of the patio.
Stoddard noted the size of the house or the driveway could be reduced to allow for the patio.
Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if
the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for
the patio.
Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to
decide whether the patio is desired.
Hawn stated she also was in favor of limiting the hardcover to 25%.
Gaffron commented if the O'Keefe's decide to add a retention pond, that would need to be done under
a separate application.
Lindquist moved, Smith seconded, to approve Application #2370, granting a conditional
use permit for grading within 5' of a lot line and within the 0-75' lakeshore protected area
to permit construction of a new residence to replace the existing residence for the property
located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25%
in the combined 75-250' and south 0-75' zones with no additional hardcover being allowed.
Per the request of the O'Keefe's, the patio will be eliminated. VOTE: Ayes 6, Nays 0.
Page 3
ORONO CITY COUNCIL MEETING
MINUTES FOR JULY 27, 1998
(#7) #2370 GARY O'KEEFE, 1392 BALD UR PARK ROAD -VARIANCES -
RESOLUTION NO. 4128 + Mrs. O'Keefe was present.
Gaffron reported that the applicants were requesting a hardcover variance and conditional use
permit and variance for grading within 5' of a lot line and within the 0-75' lakeshore setback to
construct a new residence. The revised site plans meet the Planning Commission
recommendation to maintain 25% hardcover, which is a decrease from 7,258 s.f. to 5,725 s.f.
The applicants also proposed a pond but the Planning Commission did not want to tie variance
approvals to stormwater management.
Gaffron noted that no decks were proposed for this lakeshore property. The applicants have
indicated they are willing to give up decks for living space, although a future owner may seek
variances for a deck. Both Planning Commission and staff recommended approval of the
proposed plans.
Jabbour commented that Council had given Planning Commission direction to limit the number
of variances.
Goetten indicated that she had been at two Planning Commission meetings, and the current plan
was a good compromise for the property.
Kelley expressed concern about the mass of buildings on lakeshore properties. He questioned if
Council would want to add a condition limiting additional mass, such as a second story, for this
residence. Jabbour agreed with Kelley that massing is an issue and Council should continue to
monitor lakeshore structures for excessive mass in future applications.
Goetten requested stronger wording in the resolution on Page 5, Condition 2. The word "likely"
is to be removed indicating that no future increase in hardcover will be approved.
Goetten moved, Jabbour seconded, to adopt Resolution No. 4128 granting hardcover
variances in the 75-250' zone to permit construction of a new residence, and to permit
grading and land alterations within the 0-75' lakeshore protected area. Vote: 5 Ayes, 0
Nays.
10
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
PLANNING COMMISSION COMMENTS--LIZ HAWN, REPRESENTATIVE
Commissioner Ha'\Vll had no comments.
PUBLIC COMMENTS
-t Gary O'Keefe, 1392 Baldur Park Road, requested an amendment to his building plan that was
approved at the July 27 Council meeting to include a patio . He proposed to reduce the 3 car garage
to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio.
Gaffron commented that the revised plan seemed to meet the intent of the previous resolution. He
further explained that hardcover would be reduced to allow for a patio by reducing the size of the
driveway and some rooms in the house, as well as the elimination of a garage stall.
Goetten expressed concern about the proposed lower level storage area. Gaffron responded that no
hard surface was proposed in front of the storage area. It would be accessed by a side service door
and would be used for storage of lawn mowers, snowmobiles, etc.
Kelley requested that the resolution include language stating that no future drive to the lower level
storage area would be allowed, as well as no increase in hardcover.
Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended
resolution on the August 24, 1998 Council agenda for final Council approval.
Jabbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the
property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0.
Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following:
Elimination of the third garage stall.
Patio to be allowed.
No drive will be allowed to the lower level storage area.
No future variances will be granted.
Upper level garage will be limited to two stalls.
Lower level storage area will be for cold storage only.
The revised proposal meets the intent of the original resolution.
Vote: Ayes 4, Nays 0.
4
CITY of ORO 0
RESOLUTION OF THE CITY COUNCIL
4 -.r ~ 0 NO. _ 1 i'. t)
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
L
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 is normally prohibited.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2370.
2. The property is 0.71 acres in area and is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
Page 1 of 6
l~f35/\r?)
CITY of ORO 0 \,i ;:,.. ~ Of:, RESOLUTION OF THE CITY COUNCIL
~:~~~~/' NO. 4 1 i! ;;
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; \vould 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 v.,ith the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 6
/::~o-4r~,
(0 ·. o CITY of ORO 0
I ~ ~\lU!u'~ >,.i .
\\'~i uf; RESOLUTION OF THE CITY COUNCIL
\;~ (,1 t.,.. -<1:V /~ a 1-; J , ' ~~/ NO. ~ l:C,
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 o_nly 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 ] ✓.-~ 0:.' 1 ·--'. r_ t
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 1 4. !-{
Adopted by the Orono City Council on the 24th day of August, 1998.
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 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
I
CITYofORO 0
RESOLUTION OF THE CITY COUNCIL
NO. 1! 1 0 3 -
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this cz<cd:11 day of (\,t:,b.e--, 1998 before me a Notary Public
within and for said county, personally appeared /;,0 r; H. (:'Kee'·+~ Vh6f('1t:rf.
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.
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
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CITY of ORONO
Date: April 6 , 1999
Street Address :
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
VARIANCE
Notice of Public Hearing
File #2457
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to send mailed notice to all property owners within 150'
of the property located at 1392 Baldur Park Road.
The property owner( s) have applied for one or more variances to the Zoning Code to
remove the existing house and construct a new residence , per the enclosed plan and
survey.
The Planning Commission will hold a public hearing on:
Monday, April 19 , 1999
at 6:30 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota.
Any party may appear at the hearing in person, by agent or attorney . A draft copy of
the Planning Commission agenda is enclosed . The Planning Commission is advisory
to the City Council.
For further information, please call Elizabeth Van Zomeren at 249-4600. The
proposed plans are available for review by appointment.
E lizab eth Van Zomeren
City Planner/ Zoning Administrator
Telephone (612) 473-7357 • FAX 473-0510
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CERTIFICATE-OF SURVEY FOR
DAVID & PAULA LINDBERG
OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
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I 1.,.1
LEGAL DESCRIPTION OF PREMISES:
Lots 17 and 18, Block 1, Boldur Pork
This survey intends to show the boundaries of the above described
property, and the location of an existing house, garage, and all other
visible "hardcover" thereon. It does not purport to show any other
improvements or encroachments.
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
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 #2457, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 8th day of April,
1999.
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 #2457 , was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 4th day of March,
1999 .
CITY of ORONO
Date: March 1, 1999
Street Address :
2750 Kell ey Parkw ay
Orono , MN 55356
Municipal Offices
VARIANCE
Notice of Public Hearing
File #2457
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to send mailed notice to all property owners within 150'
of the property located at 1392 Baldur Park Road.
The property owner( s) have applied for an amendment of one or more variances to
the Zoning Code to remove the existing residence and construct a new residence. This
item was reviewed at the February Planning Commission meeting and was tabled to
the March agenda.
The Planning Commission will hold a public hearing on:
Monday, March 15, 1999
at 6:30 p .m .
in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Elizabeth Van Zomeren at 249-4623. The
proposed plans are available for review by appointment.
E liz abeth Van Zomeren
City Planner/ Zoning Administrator
Telephone (612) 473-7357 • FAX 473-0510
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
249-4600
APPLICATION NO. 2457
NOTICE OF COUNCIL ACTION
Date of Notice: April 27, 1999
·------------------------------------------------------------------
TO: Paula and David Lindberg
3440 North Shore Drive
Wayzata, MN 55391
COPIES:
---------·---------·--------------------------------------------
TYPE OF APPLICATION: Variance
-------------------------·-----------------------------------------------------------
DATE OF MEETING: 4/26/99 VOTE: 5 1 FOR 0 AGAINST
---------·---·-------------------------------------------------------------
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday, 8:00 to 4:30). All persons with an interest in the property must sign the
resolutions.
You must apply for and obtain a building permit prior to commencement of construction. (The
building permit application is a separate application from the zoning variance application.)
Variance Approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance
approval expires one year after date of approval. Permit application must be submitted no later
than April 26, 2000.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
ch
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
WAIVER OF 60 DAY REVIEW PROVISION
February 1 7, 1999
David and Paula Lindberg
3440 North Shore Drive
Wayzata, Minnesota 55391
Re: #2457
1392 Baldur Park Road.
Dear Lindbergs:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
As a result of the discussion and the issue raised at the Planning Commission meeting on February
16, 1999, the City of Orono is requesting that review of your application for conditional use permit
and variance be continued.
The City of Orono requests that you release and waive any of the City's obligations to proceed and
conclude its review of your application in a timely manner which includes any statutory obligation
for timely review.
The continuation of the City's review of your application will allow you to address the issues raised
at the meeting.
Please sign the enclosed letter and return it to Liz Van Zomeren by February 26, 1999. Failure to
return the enclosed letter will result in denial of your application at the next meeting. No application
which has been denied wholly or in part shall be resubmitted for a period of six ( 6) months from the
date of denial, unless new evidence or proof of changes of conditions are found to be valid. If you
have questions about this matter, please call me at 473-7357.
Sincerely,
~12-VO-h~
Elizabeth Van Zomeren
City Planner/Zoning Administrator
cc: #2457
1392 Baldur Park Road
Telephone (612) 473-7357 • FAX 473-0510
February 17, 1999
David and Paula Lindberg
3440 North Shore Drive
Wayzata, Minnesota 5 53 91
Re: #2457
1392 Baldur Park Road
WAIVERFORM
I am requesting continuation of the review of my application for conditional use permit and
variance.
I release and waive any of the City's obligations to proceed and conclude review ofmy application
in a timely manner which includes any statuatory obligation for timely review.
David Lindberg Date
CERTIFICATE OF MAILING
STATE OF MINNESOTA)
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
I, Mary Ann Johnson,ofthe City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #2457, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 2nd day of February,
1999 ..
7?Jaxl arwrJ Q¥~4,8-~
Mary' Ann;Johnson {/
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crysta1-Bay;-MN 55323
Phone (612)473-7357 Fax 473-
0510
. The Planning · Commission will hold a
public hearing in the Council Chambers at
2780 Kelley Parkway on Tuesday , February
16, 1999, beginning at 6:30 p .m. on the
matter of reviewing the following land use
applications :
1. #2453 John Ericson . Sr., 1620
Shadywood Road , requests· a hardcover
variance in the 0-75' lakeshore setback, a
·1akeshore setback variance. and an average
· lakeshore setback to construct a 12'x20'
summer house. ·
·2. #2454 Greg and Marcia Barnum,
having an interest in 150 McCulley _Road
(31-118 -23-33-0012) request an after-the-
fact conditional use permit to move 1 ,500-
2,500 cubic yards of soil stockpile 213 cubic
yards and to remove 1,287-2 .287 cub ic yards
of soil.
3. #2455 Roger and Kristine _Strauman,
having an interest in 123 Chevy Chase
Drive, renuest a lot area var iance to. remove
an existin\i residence to const ruct a new
, residence .
. 4 . #2457 David and Paula Lindberg .
having an interest in 1392 Baldur Park
1 Road, request hardcover variances to
remove the existing residence . construcr a
new res idence and relocate the dr iveway to ·
serve a new garage .
5 . #2398 Wayzata Country Club . 200
Wayzata Blvd. W ., requests a review of a
conditional use permit for land alteration to
enlarge a ponding area . ·
6. #2440 Dale Gustafson ori behalf of
, Robert Lux , 1209 French Creek Drive ,
' request variances from · the Planned
Residential Development setback and
Natural Environment lake se t back to locate a
swimming pool in rear yard.
7 . #2444 David · and Sue Sc h.ebler.
1354 Rest Point Circle . request variances
to construct a deck .
. . :All persons wishino to be heard are
encouraged 10 attend thi s meeting . vv, ;u.,,i
comments are solicited . Plans are available
in the City Offices. For an appointment,
please call 473-7357.
City of Orono
By : P_lanning Commission
Elizabeth Van Zomeren. City
Planner/Zoning Administrator
(Published in The Lake r ilnd Pioneer
Jan . 30 , 1999)
\; l ' I
• • ,·-••r· \ .._ • • • ,.__,
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
· of the newspaper known as THE LAKEf!, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, . and other applicable
laws, as amended.
B.)Theprinted Land Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks:
It was first published Saturday
the 30 dayof January 1~...2._,
and was thereafter printed and published every
Saturday, to and including Saturday,
the, ___ day of _______ 19 --:
~ ' Authorized Agent
Subscribed and sworn to me on this
30
By:
NO,..l,.P.Y PUBLIC ~ t.llNNESOTA
MY c r :M MISSION EXPIRES
t JAl')IUARY 31, 2000 a e Imormauon
(1) Lowest classified rate paid by commerc1a users
for comparable space: $12.90 per inch .
(2) Maximum rate allowed by law for above matter: $12.90 .
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
CITY of ORONO
Date:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
VARIANCE
Notice of Public Hearing
File #2457
February 2, 1999
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to send mailed notice to all property owners within 15 O'
of the property located at 1392 Baldor Park Road.
The property owner(s), David and Paula Lindberg, have applied for variances and
a conditional use permit to remove the existing structures and construct a new house
and garage. The driveway construction will require grading and 25-30 cubic yards
of land alteration.
The Planning Commission will hold a pubic hearing on:
TUESDAY, February 16, 1999
at 7:00 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Liz Van Zomeren at 473-7357. The proposed
plans are available for review by appointment.
Elizabeth A. Van Zomeren Telephone (612) 473-7357 • FAX 473-0510
City Planner/Zoning Administrator
CERTIFICATE OF SURVEY FOR
DAVID & PAULA LINDBERG
OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
LEGAL DESCRIPTION OF PREMISES:
Lots: 17 and 18, Block 1, Baldur Po.rk
This survey intends to show the boundaries of the above described
property. and the location of on existing house, garage, and all other
visible "hardcover" thereon. It does not purport to show any other
improvements or encroachments.
o : Denotes iron marker
Bearings shown ore based upon on assumed datum
Datum: Mean sea level
0-75 FT. ·ZONE AREA: 16570+-S. F. > 75 FT. ZO\'IE AREA: 15190+-S. F.
/.f11J't>JO) {Cf'v,1r,1t1Vf
1) ,r,-, 'f ,&~rw = o/,f~."
i.)tlAU'l'<F..-r : 97$.2
.J)iJt"r.u,.,,, ~,tA.Jff:=' 9:17.r;,
OESICNED REVISION OA TE
COFFIN & GRONBE;RG, INC.
DRAWN 1---J..---+-------------icoNsu.rno ENGtEERS. LAlll SURVEYORS, sm:
482 TAMARACK AVEN£. ·LONG LAKE, MN. 55358
812473-1141
I H£REB'r' CERTFY THAT ~ P\.AN. SPECflCATION, OR REPORT
WAS PRfPAREO BY 1.E OR LN:>ER UY OflECT SlPERVISION N-0
THAT I AU A OU. Y LICENSEq PROfESSIONAl EHGHEER u-«ft
11-£ LAWS Of THE STATE OF ldNESOTA.
l iV)dbers
· · -~2451 For2._
I fvea ~[c
I ":)'1 b lxtl dllv Pavk fZd
~. Lha. d. .,._ ~!1 :YohnsoV\
I / ~10 'fu Id Lw PCLvJ(_ J2d
3 Je._-Cftv-e_~ lJ lc::-lu
l"-l<a fuldUr .Park. 12d
4 . C.ll.f+i s Ha gtors
IL\ 12 ~ldLtv Po..rJL (2..d
CITY of ORONO
January 26, 1999
David and Paula Lindberg
3440 North Shore Drive
Wayzata, Minnesota 55391
Re: Application #2457
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City is required to inform you within 10 business days of receipt of your application as to the
status of your application.
At this time, your application is considered incomplete. Please submit a survey with the proposed
location of the house and garage. Hardcover worksheets are also required. Please submit this
information by February 2, 1999 to remain on the Planning Commission agenda.
If you have questions, please call me at 473-7357.
Sincerely,
iJ-GVn--~
Elizabeth Van Zomeren
City Planner/Zoning Administrator
EVZ/ch
Telephone (612) 473-7357 • FAX 473-0510
Adjacent Property Owners' Acknowledgement Form
I (we) /rJarje, <X'. :Y1.·c.,\.<.. W-ei\-
[print name( s)]
of \ 3q~ "fu,v..\.k °?a.ck. U .
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at \3 Cf2 · ~9.v!d.fk::\am, 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.
Pro~
~a.5?ka Property
Date
Date
******************************************************************************
r (we) _j_ul_vf/_4 IA._Mi_l-_Vvr_5......._fu-----+-of 1 ~Bf ,~ &iL r?od
[print name( s)] lj [print address]
have revie~1~or the proposed improvement or proposed use· of the property located
atl 3CJ.z. fiJ./4.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 r, quires Council approval.
Property Date
Date
If you have any info ation that may assist the City in the review of this Land Use
Application, please submit our comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
8
REQUIRED SUBMITTALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1.
2.
3.
4.
5 .
6.
7.
8 .
X
\
Completed Application Form . . . . . . . .
Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels and map _fr om . Hennepin County Department of
Finance, A-603, Govt Center, 348-327 ~L\~ -6'1lt> "!111\-e.t
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
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 ").
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
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 expens s incurred in review of this application, and certifies that the
information supplied is t e and c rr t t the best of his/her knowledge.
Date t/,g)q~ --'-,f--l-4,,1..f/~~----
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property b City staff, consultants, agents, . Commission members, and Council
members for purposes esti ~tio . · cation of this request.
o/=--!==~lt"_...!f-,. ~~=--------Date . ~;;;th
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month . Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting .
,
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit
or license.
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
6. Your full name is required to process this application or permit.
~O.\lt'J_ Jo kV\ L~~&\e~
First Middle Last
sl\4.0 JJ , sl.o\"e.. \h ~
Address
Cit:y State Zip Phone
ted above.
Sign
Telephone (612) 473-7357 • FAX 473-0510
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to
supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be informed of the content and
meaning of that data. After an individual has been shown the private data and informed of
its meaning, the data need not be disclosed to him for six months thereafter unless a dispute
or action pursuant to this section is pending or additional data on the individual has been
collected or created. The responsible authority shall provide copies of the private or public
data upon request by the individual subject of the data. The responsible authority may require
the requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal
holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the admini_strative procedure act relating to contested cases.
10