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HomeMy WebLinkAbout#2370 Scanned FileCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Gary O'Keefe 407 5 County Road 44 Minnetrista, MN 55364 APPLICATION NO. 2370 NOTICE OF COUNCIL ACTION Date of Notice: August 25, 1998 COPIES: TYPE OF APPLICATION: Variance/Conditional Use Permit ------------------------------------------ DATE OF MEETING: 8/24/98 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION -MOTION: On Consent Agenda. 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 or conditional use 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 August 24, 1999. Conditional Use Approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. 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 REQUEST FOR COUNCIL ACTION CONSENT AGENDA Department Approval: Administrator Approval: Name: Michael P . Gaffron fl •.. A Title: Senior Planning Coordinator \ 'fJV" Date: August 17 , 1998 Item No.: Agenda Section: Zoning Item Description: #2370 Gary O'Keefe , 1392 Baldur Park Road-Variances -Amend Resolution List of Exhibits A -Resolution B -Resolution No . 4128. During Public Comments on August 10 Mr. O'Keefe presented a revised proposal which reduces the house and dri veway footprints in order to allow a patio while still keeping within the 5,725 s.f. hardcover limit established in Resolution No. 4128 adopted July 27. On August 10 Council concluded that the revised proposal meets the intent of the Council's original approval and voted 4-0 to amend Resolution No. 4128 to allow the proposed changes subject to the following conditions: 1. Upper level third garage stall shall be eliminated, upper level limited to 2 stalls. 2 . Lower level storage area shall be for storage only, and shall not have a hardsurface driveway leading to it. 3. Hardcover still limited to 5,725 s.f. as before. 4. No future variances will be granted for this property. A revised Resolution No. 4128 incorporating the above changes is attached for Council review and adoption. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution to amend Resolution No . 4128. Proposed Motion: Moved by __ , seconded by __ , to adopt Resolution No. __ to amend Resolution No. 4128 . Vote: __ ayes. __ nays. 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 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-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 3. The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75' lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27, 1998. 4. On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which would reduce the hardcover associated with the house and driveway footprints in order to allow the addition of a patio while not exceeding the 5,725 s.f. hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower storage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved revised site and hardcover plan attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. 2. Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. Page 3 of 6 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 Adopted by the Orono City Council on the 24th day of August, 1998. 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 27th day of July, 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 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 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 \ .\' ...... ."'r .. '.:~ :~: I •;·.:,::,<~ ;·j / : .. •, -,-----... ~-·1 I-------·:·••..,_, .:·; ,o .. , ~----.. -----ir .--> ·---+ ___ , ---.........__ -----._t·~ { ?7···:~ APPROVED HARDCOVER: -·..;::::: --.•. "--· , .-.. 0-75' North: NONE ...._ 75 _250' & 0-75' South (Area= 22,900 sf): I 1 ·-: . P.-~-~-- .1..:.----... -· __ ·· ·.· I I I I I House Attached 2-stall Garage Stoop, walks and patio Driveway 5,725 I 22,900 = 25% ~ .,,_ 2,440 sf 680 sf , 360 sf 2...lli..fil 5,725 sf l i · •. '-I ' ~ ):, I ·: ~q : 1··1 j '.; j ~ H} I . r - I I I 1 .. .,-.• 9-S'Z3 : .I •, • £. i • I ' ·1 1 . ,· I --( I ! ---...J I .. \,. I I I ,, I I l . r ( I I\ \" \.. ? ! -7 ,. -· ~ ,I. ·e X1-H ~;< A /J.cSDL-.f'J . --- I = I ---·-I . t'\' r,__......_. "Tri II I ----1 I I . I '> .. eXfA18>lrA .· (leso1., ./\Jo.-~ ·----I ...... ...._ f . I • I ~ I I ,. +-~-'-_,:,_'' -...r---:r ' I If\ -q;r ~ J~ i~ ~ \ ~J> t t . l ~~b---.... L·~ .__ __ ;;'~-,_,,,,---w~-r,7':-' . j l~ 45'-d• . ,· CITY of ORONO RESOLUTION OF THE CITY COUNCIL 41 90 NO. .,_, (}) A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDMSIONS 1 AND 2; SECTION 10.55, SUBDMSION 8; AND SECTION 10.56, SUBDMSIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDMSION 19 -FILE #2370 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(1) 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' \akeshore 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 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 1 ('J 0 NO. ,::;., n 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 the following findings: a. The property currently contains a residence structure, detached garage, driveways, etc., portions of which are located within the 0-75' lakeshore protected zones, and which constitute a total of 7,258 s.f. pre-existing hardcover in the 0-75' and 75-250' zones, not including 0-75' zone landscape beds incorporating fabric or plastic weed barrier. b. The lot is by definition 97.5' in width where 100' is normally required and therefore meets the "80% standard" for construction on an existing lot of record. The lot width is sufficient to allow construction of a single family residence which meets the required 75' lakeshore setback, required 1 0' side setbacks, and which will not encroach the average lakeshore setback. At 0.71 acres in area, the lot meets the 0.5 acre minimum lot area standard. c. The lot is unique in that it has 0-75' lakeshore protected zones on both its north and south ends due to its location on a narrow peninsula. d. Hardcover on the property under applicant's revised proposal will decrease from the pre-existing level of 7,258 s.f. to 5,725 s.f. where only 3,798 s.f. (25% of the 15,190 s.f. 75-250' zone) would normally be allowed. The proposed level of 5,725 s.f. is equivalent to 25% of the combined areas of the 75-250' zone and the southerly 0-75' zone. e. A variance to allow use of the area of the southerly 0-75' zone in calculating allowable hardcover is justified by the hardships imposed on the property by having lakeshore at both ends. Further, this level of hardcover is similar in magnitude to levels approved for other lots in the LR-lC zone. Page 2 of7 f. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 l l,~ 0 NO. -:-~ tJ Adherence to the "25% of 75-250' zone" limitation would not allow for construction of the residence as proposed unless the residence was significantly reduced in size. The topography of the site including the unique elevated nature of the property in relation to its surroundings, and the location and orientation of adjacent homes, are factors which support the proposed house location, necessitating a minimum level of hardcover in excess of the normal allowance. g. The overall hardcover reduction on this property from 7,258 s.£ to 5,725 s.f. is a positive step in n;ieeting the long term environmental goals of the City, as is the elimination of pre-existing structures from the north and south 0-75' zones. h. The proposed residence will be located to meet all of the required setbacks of the LR-IC District. 1. A variance and CUP for grading within the 0-75' lakeshore protected zones is necessary to allow for removal of the existing structures and driveways and to accommodate new structures and driveways. Filling in the northerly 0-75' zone is necessary so that applicant can fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to match pre-existing contours. Grading of the northerly 0-75' zone to create a walkout situation as originally proposed by applicant would not be appropriate and would not be consistent with the City's goals and policies for lakeshore development. Grading and filling in the southerly 0-75' zone is necessary to provide a safe and functional driveway to serve the new residence. 4. 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. Page 3 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL i~Cj_ ! •• "·' NO. ___ ,,-_:_.,._.·_. _'._·i __ 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose. a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 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 A, subject to the following conditions: 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. · in total. Page 4 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 2 8 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. · 3. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. 4. 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. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (July 27, 1999). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the ch~in of title of the property. Page 5 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 l 2 8 Adopted by the Orono City Council on this 27th day of July, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 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. JAMIE L. GEMAR NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY M-/ commission Expires Jan. 31, 2000 Page 6 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 l !>;) 0 NO. . ,:. ''J ) ) ss. COUNTY OF HENNEPIN ) On this _3/ day of ~ , 1998 before me a Notary Public within and for said county, personally a~~ Xtl--CJ· 'Zf:f!;lf < /71 ~~ 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. ,/3/cvu~ ~ ~- NOTARY11>UBLIC z- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 5 ~1 day of -==~~.!-I----" within and for said county, personally appe known to me to be the person( s) described in an who executed the foreg ing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. JAMIE L. GEMAR NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 .Page 7 of7 ' -; ·.:.::, ?~ ;·~ ! i :•:,,.:, i ... -----... ~-" ~·· ......... -:-_ .... ·',.' ----"---t ,' -• ·------I + -I ~-,, ---;---- / -,,:..-. --,-J , .--:--.,. -~ • ."~(;" 1..t/ -; · APPROVED HARDCOVER: "''· ~ > ./.. ..... _,. ........... •-...:_., •• ' ··"' .. , '1~--· ~ --... ·..;;;_ ··--: -,. ·-• ' .. ·-/~ -.::_--=-·~ 0-75' North: NONE :,<I\~ -'"'-. '---. 1 ---..! 75-250' & 0-75' South (Area= 22,900 st): .,,.,.,,. ,-, ·, ..__ I -.;._ ----House . ,4-:.,., . ........ "-ie ..........___ __..,'\.,...--'-· ""-I--Attached 3-stall Garage --'-.. 111 I -.._ Stoop and walks ~ ~ · "-IP .....____ .._ Driveway f rr' "-v,:1 • ..._ 5,725/22,900=25% l . '"',) . ~~ /·;. ' ,.~ ,·- 0"-,, t I _1 ,· I \,'· ___ -. l 01 ------, \ ~......,..,~ ~if ($!)/ ' .-~ (£1 ').. tr: , .. , ...:,r ,~1v ~'J. AVJ/ ~'.1 1 . .1.'l·, i ,· u..,, , . . -:... : \. IJJ,f \. • '·-__ ,, •-pc::~ ,, ' ft / .. ,. t;-•) ! '~{ /;•·) i A. l Ji.{~ I ffi, ~. !fJ") !-----&:\~-t.· . .. , '\. ! f/?:· ! . ~~--r' f ~1{; ii ~ ,,, . t,i ; -~ ·. '\AO--: ~----F-l 11 i! ,; t)-J ., --. ,·.J ~ -. I l-1,f~'e:. l='FtaN-r Y~~ / • • .--I'-, "' c)(?e,s,s. ~ ~•1::7 ~'-e;A f •. ·. 5,,.') J.., jJ:, • \',,•I '-, 1• l"'-<>tZ-~1--J.A.qe:_/ ~. 12-lO:l• e.,.••) 1'{_ :. ".,i,:; >, .-·r!f//' . I •."< il'J • f,i(i/;:\1:· i :j . '\. I ) . , ·~ \ , 1.;-·{, .. ·~-· / , "'" vi .· ~\..._ _ .j. i , . !:) l /·, • VI 'J q.' -l . , ....... _. _ . · ',,. ,(,!\ I .;J: i'.., ·1 • (). .··. _____ -; __ . .: ~ j. ~ ....... " ~ :~. ,--..:::: .... :t-·. --ii\ ' ,/ •~i; Pn~t..< 6111:.. /:i.e.-n.LJ ~ • _;;... i\ I'""> : ~ ~ A:,t-.1b ~•l¼Jr-1-0,4,,""7:n,p,1..1, i , . V 'o -...,.,t,,:t~~,c.r10"' 1 · ' . 1 ~-t' 1 . -' ... ;.""~--. ~-n -"...... -,,,. _ _;._· .. ,.. I'. -..._ -• I ·•···••·-.,/ . ., ••-~~. ~ •• --V-.._, "' -.;,. --"'I ·-~ --...... '? ,, : ... / ·: ~q ; }') I ; c·: / l 1. ; ~I l 14 ., :. 0 +'Bo --•~l~P.ov RESOLUTION NO. 4128 2,440 sf 900sf 140 2.lli.£f 5,725 sf .· .... : ·( -..... .... . 8w1~r, A Tocso t,...., /Vo , L-f I 2..$ 5tt-e~ 2.. or-3 ''""', -z::r J· I ~ • I I / \f / ~-: . ...... --_,. . ;·_; .. -., .... ,.\••·' I I 1-----1-. • ., · I -~ ·., = .. \ i I I i' ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 (Lake Minnetonka Conservation District, Continued) Mayor Jabbour stated the LMCD should work more closely with the City in the future. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 10, 1998 Kelley moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of August 10, 1998, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Sandra Smith stated she has no comments at this time but would address the City Council if necessary on Item 26 . PUBLIC COMMENTS Pam Anderson, 4220 Chippewa Lane, Maple Plain, addressed the City Council regarding concerns she has about the condition of the road due to the ongoing construction in that area . Anderson stated after the last rainstorm the road was inaccessible due to the condition of the road . Anderson remarked she has spoken with Jerry Mortenson, the head engineer on the project, about her concerns and was told they would be addressed. To date nothing has been done to improve the condition of the road. Gappa stated he has spoken with Mortenson and was told the road was passable at the present time. Gappa suggested enough rock be stockpiled for a one lane road, which could be hauled in within a day or two . Kelley noted the agreement with the contractor required that the road be passable . Mayor Jabbour stated he is aware of the condition of the road and the Public Works Department should take action to improve the road. Gappa stated he will speak with Buffalo Bituminous who has ensured him that the condition of the road will be improved . Moorse commented the County should be notified if no action is taken by Wednesday. Goetten stated she will check with Gappa on Wednesday to see what steps have been taken. ZONING ADMINISTRATOR'S REPORT . (*#4) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCES/CONDITIONAL USE PERMIT -REVISED RESOLUTION NO. 4143 Kelley moved, Peterson seconded, to approve Application #2370 per Resolu~ion #4143. VOTE: Ayes 4, Nays 0. Page 4 ..... ?feP~ ~~ TO ~c ~: ow1r~~ (d¥2.IM->w2 fA-,-;o 0~ /lb D [) 0#f p µJvJ~ ~ ,, F . S~~A --O~til- ... . . .., To: Mayor & Council From: Mike Gaffron, Senior Planning Coordinator Date: August 7, 1998 Subject: O'Keefe Revised Plan -Public Comments Today Mr. O'Keefe dropped off a slightly revised site plan for his proposed home at 1392 Baldur Park Road. The new plan eliminates a garage stall and slightly reduces the driveway in order to allow the extra hardcover for a patio. A tuckunder garage-type storage space under the main garage is proposed, but will have no access driveway. The approval resolution noted that any changes to the approved plans that do not in staffs opinion meet the Council's intent for this site should be further reviewed. Staff feels that this revision does meet the City's intent, as long as hardcover numbers do not exceed the 5725 s.f. limit established in the resolution, but suggested that Mr. O'Keefe give you a brief overview at the Public Comments session, hence the new plan and old approved plan are attached for your reference. :.-::: ..... ....... :r:::..._. -··~--;: -¥- ...... • • N -· I I ' ·-~ ·:} \ .... : ~ ' I" l i I I \ i • ! -.1 - • -- ' I \ / _..., P~P ~11147F, N..4.-,C, y<q_~,D ~ i / I I / . I i i I ' ' .. r{-_, --; . I I i Ir • / : ···-i f -----:;~--- 11 ~ / ~ . __ / ,.__ I .e:::: ~ l'-1~_~.,... _!, ____________ ,--_____ _ ;;; ,k,;::;tt. -v{P "7/:7k~-- ,4 r-~ --·· -; -1 i----ez o .,.-. . ...i I' . t,. o, ··-·-s<- . ; 'I -rl--;n;;'..$_•,_:_.:....~---. --. - _.:_i_t--'?~~.e-~~~. 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I --, '· ·' -tu~ Ul,,j.c;:;'~, ~ ~:Z. CJ>k 12 ,>,u-11;, , --_______ / 7 I I · t--- 1 ---------/~~-l I I / I ,- 1 I I ~ ~ z.' -"'' •• • .-~ ! 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 JULY 27, 1998 (#3) KELLY COVE JOINT USE DOCK LICENSE -SCHEDULED PUBLIC HEARING 7:30 P.M. -8:58 P.M. -continued Jabbour reiterated that any gains previous Councils have made are to be maintained by the current Council. Flint commented that he did not see any advantage to extending the application as the consensus of the Council was to deny the application. A re-application could be made once Mr. Hoyt decides how he will develop his property. Barrett stated that Council has found the license application to be inconsistent with the conditional use permit and original plat. Flint moved, Kelley seconded, to deny the joint use dock license application for the Kelly Cove Homeowner's Association. Peterson suggested tabling the application to allow Mr. Kupfer and the other duplex owners an oppormnity to discuss the situation. Jabbour responded thatthe City Attorney was uncomfortable with the 60 day rule. Staff has indicated that the applicants could reapply at any time for the joint use dock license. Peterson asked if Mr. Kupfer and the Homeowners Association would be required to pay a fee for a re-application. She suggested delaying action until the next Council meeting. Barrett noted that the law allows the City to automatically extend an application for 60 days with a reason. A letter would need to be sent to the applicants indicating sufficient information was not provided regarding the plat and conditional use permit. Flint indicated he would prefer to deny the application and give the applicant credit if he wanted to re-apply. Vote: Ayes 4, Nays 1. Peterson opposed. 9 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Date: July 22 , 1998 ltemNo.: 1 Agenda Section: Zoning Name: Michael P . Gaffron ~ Title: Senior Planning Coordinator Item Description: #2370 Gary O'Keefe, 1392 Baldur Park Road -Variances -Resolution Zoning District: LR-lC, Single Family Lakeshore Residential , 1/2 acre , sewered. Proposal: Requesting a hardcover variance, as well as a variance and 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. List of Exhibits A -Resolution B -Notice of Planning Commission Action 7-21-98 C -Memo and Exhibits of July 15 , 1998 Lot Area: Lot Width: Lot Coverage: Setbacks: Hardcover: Summary of Request 0.71 acre (meets 1/2 acre requirement) 97.5' at shoreline, 113' at 75' setback (meets 80% of 100' standard) 10.9% (meets 15% limit) -meets 75' lake setback, 1 O' side setback, and 30' street setback requirements -will be located to meet north average lakeshore setback Final revised proposal as recommended by Planning Commission: 5,725 s.f. (This is 37 .7% of the 75-250' zone, but i s equal to 25% of the combined 75- 250' and south 0-75' zones) Applicant proposes to demolish the ex isting house of 1100 s.f. footprint and ex isting 600 s .f. detached garage, and replace with a new residence and attached garage totaling 3340 s.f. The lot is unique because, similar to other Baldur Park lots , it is affected by 0-75' zones at both ends. While the existing house and garage are each located less than 75' from their respective shorelines, the proposed residence and garage will be entirely in the 75-250' zone. The area of the 75-250' zone is 15 ,190 s.f., and the hardcover allotment allowed by code is 25% or 3,798 s.f. Planning Commission is recommending that due to the hardship of having two lakeshore protected zones with which to contend, applicant should be allowed to credit the area of the southerly ~~'-Pr~ 2- ,~v,;-t-1 l~"Z--~ #2370 -O'Keefe July 22, 1998 Page2 0-75' zone (i.e. the area between the street and the 75' setback line) toward his 75-250' zone for hardcover calculation purposes. The South 0-75' zone is 7,710 s.f. in area. Adding this to the 15,190 s.f. 75-250' zone yields 22,900 s.f., of which 25% equals 5,725 s.f. Applicant and his architect worked diligently and reduced their original proposals to meet the Planning Commission's recommendation. Applicant has also requested a 300 s.f. patio in addition to the 5,725 s.f. Planning Commission recommends denial of this patio, noting that the applicant has already been given a concession in order to have 5,725 s.f. It should be noted that pre-existing overall hardcover is 7,258 s.f. (this number excludes the portion of traveled road on the lot as well as all 0-75' rock/plastic landscape areas), hence there is a net attributable hardcover reduction of 1,533 s.f. The proposal includes site grading to fill in the foundation of the existing house and match existing grades as well as grading and fill to accomodate the new house and driveway. Since some of this grading is within the 0-75' zones and within 5' of the side lot lines, a CUP is also required. Early in the review process, grading to create a walkout was specifically denied by Planning Commission, and the revised plans incorporate daylight windows instead of a walkout, which eliminates lowering of grades within the 0-75' zone. This is consistent with past City practice in similar variance requests. Planning Commission Recommendation On July 20 Planning Commission voted 6-0 to recommend approval of the proposed plan as revised (Exhibit A-2 of July 15 staff memo) but without the extra 300 s.f. patio. The grading plan as proposed was recommended for approval, with the expectation that some retaining walls may be needed near the driveway apron and other 'tweaking' of grading plans may be needed. Grading in the 0-75' zone at the northwest corner was not indicated on the plan and therefore not specifically approved. The proposed "optional" pond was not required, and Planning Commission concluded it would not use the creation of such a pond to justify greater hardcover variances. Planning Commission also noted it would be appropriate to add language to the resolution indicating it is the City's intent that no additional hardcover should be approved for this property in the future. Staff Recommendation Staff concurs with the Planning Commission recommendation and recommends approval per the findings and conditions in the attached resolution. COUNCIL ACTION REQUESTED: Adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 -FILE #2370 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 7 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 the following findings: a. The property currently contains a residence structure, detached garage, driveways, etc., portions of which are located within the 0-75' lakeshore protected zones, and which constitute a total of 7,258 s.f. pre-existing hardcover in the 0-75' and 75-250' zones, not including 0-75' zone landscape beds incorporating fabric or plastic weed barrier. b. The lot is by definition 97.5' in width where 100' is normally required and therefore meets the "80% standard" for construction on an existing lot of record. The lot width is sufficient to allow construction of a single family residence which meets the required 75' lakeshore setback, required 1 O' side setbacks, and which will not encroach the average lakeshore setback. At 0.71 acres in area, the lot meets the 0.5 acre minimum lot area standard. c. The lot is unique in that it has 0-75' lakeshore protected zones on both its north and south ends due to its location on a narrow peninsula. d. Hardcover on the property under applicant's revised proposal will decrease from the pre-existing level of 7,258 s.f. to 5,725 s.f. where only 3,798 s.f. (25% of the 15,190 s.f. 75-250' zone) would normally be allowed. The proposed level of 5,725 s.f. is equivalent to 25% of the combined areas of the 75-250' zone and the southerly 0-75' zone. e. A variance to allow use of the area of the southerly 0-75' zone in calculating allowable hardcover is justified by the hardships imposed on the property by having lakeshore at both ends. Further, this level of hardcover is similar in magnitude to levels approved for other lots in the LR-lC zone. Page 2 of7 f. Adherence to the "25% of 75-250' zone" limitation would not allow for construction of the residence as proposed unless· the residence was significantly reduced in size. The topography of the site including the unique elevated nature of the property in relation to its surroundings, and the location and orientation of adjacent homes, are factors which support the proposed house location, necessitating a minimum level of hardcover in excess of the normal allowance. g. The overall hardcover reduction on this property from 7,258 s.f. to 5,725 s.f. is a positive step in meeting the long term environmental goals of the City, as is the elimination of pre-existing structures from the north and south 0-75' zones. h. The proposed residence will be located to meet all of the required setbacks of the LR-1 C District. 1. A variance and CUP for grading within the 0-75' lakeshore protected zones is necessary to allow for removal of the existing structures and driveways and to accomodate new structures and driveways. Filling in the northerly 0-75' zone is necessary so that applicant can fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to match pre-existing contours. Grading of the northerly 0-75' zone to create a walkout situation as originally proposed by applicant would not be appropriate and would not be consistent with the City's goals and policies for lakeshore development. Grading and filling in the southerly 0-75' zone is necessary to provide a safe and functional driveway to serve the new residence. 4. 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. Page 3 of7 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 site and hardcover plan attached to this resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. Page 4 of7 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. 3. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. 4. 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. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (July 27, 1999). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 5 of7 Adopted by the Orono City Council on this 27th day of July, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) 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 of7 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 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 7 of 7 CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 473-7357 ----------------------------- TO: Gary O'Keefe 407 5 County Road 44 Minnetrista, MN 5 5364 ZONING FILE #2370 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 7/21/98 COPIES TO: Mike Sharratt 5590 Woodside Lane Shorewood, MN 55331 ----------------------------------- TYPE OF APPLICATION: Variance Conditional Use Permit DATE OF MEETING: 7/20/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: 1. 5,725 s.f. hardcover as proposed. 2. Patio is not approved. 3. Grading plan as submitted -pond not required. 4. Resolution to include stipulation re: no additional hardcover. Applicant's next scheduled meeting is confirmed as: City Council Monday, July 27, 1998, 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\2370 To: From: Date: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator ltd July 15 , 1998 Subject: #2370 Gary O'Keefe, 1392 Baldur Park Road -Variances -Continuation of Public Hearing Zoning District: LR-IC, Single Family Lakeshore Residential, 1/2-acre, Sewered Application: Request for hardcover variance, as well as a variance and 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. List of Exhibits A -2nd Revised site plan, floor plan, elevation view B -2nd Revised hardcover submittal C -Notice of Planning Commission Action 6-17-98 D -Memo and Exhibits of June 11 , 1998 Planning Commission June 15 Action On June 15 Planning Commission reviewed the revised proposal and on a vote of 6-0 tabled the request to allow applicant to further revise plans based on the following general direction: Limit hardcover to 25% of the combined 75-250' and South 0-75' zones , or approximately 5,731 s.f. ( exact area of said zones to be confirmed by surveyor). Submit a revised grading plan for review. 2nd Revised Plan Submitted Applicants' architect has submitted a 2nd revised plan that incorporates the following elements: 1. Proposed home and screen porch of footprint 2440 s.f. 2. Attached 3-stall garage of footprint 900 s.f. 3. Stoop, walks and driveways totaling 2,385 s.f. 4 . Total hardcover of 5,725 s.f. (=25.0% of 75-250' and S. 0-75' areas) 5. Additional 300 s.f. patio requested (would yield final hardcover of 6,025 s.f. or 26.3%) 6. 1-story home with daylight windows lower level; defined height approx. 23'. 7. No decks are proposed #2370 -O'Keefe July 15, 1998 Page2 8. Driveway slope averages just under 8% which is steep but still very functional; grading plan for driveway suggests either a 15% sideslope from house to backup apron or the need for a 2'-4' retaining wall along street side of driveway and backup apron; other option is to do greater filling in south yard area ... 9. Minor grading proposed in N. 0-75' to blend contours from old foundation to new house 10. Grading plan does not show revisions along N. 0-75' lot line as previously discussed 11. Optional retention pond in S. 0-75' zone for potential mitigation of additional hardcover This plan exhibits a reduction in overall hardcover on the site from the pre-existing 7,258 s.f. (this number excludes area ofBaldur Park Road in the property as well as existing 0-75' landscape beds underlaid by plastic) down to 5,725 s.f., or a net attributable reduction of 1,533 s.f. The proposal meets the letter and intent of the Planning Commission's direction at the June meeting. Remaining grading plan details can likely can be worked out. Staff conceptually supports the idea of a ponding area on the site to enhance stormwater runoff quality; although the City has generally not considered such alternative mitigation efforts as justification to grant hardcover variances, the idea has merit. Issues for Discussion 1. Will Planning Commission recommend approval of the requested 300 s.f. patio? 2. Does Planning Commission have any added comments to pass on to Council regarding the recommendation for granting hardcover credit for the South 0-75' zone? 3. Is the lack of decks a concern? Will a future owner be asking for variances for decks? 4. Does the Planning Commission have any comments regarding development of ponding as a mitigation for individual site hardcover? 5. Any additional concerns not previously addressed? Staff Recommendation Staff recommends approval of the 2nd revised plan as proposed, subject to confirmation of details of the grading plan prior to Council action. Planning Commission should address the added 300 s.f. patio request and any other items of concern. Advise applicant to establish house location carefully to avoid encroachment of the average setback line. #2370 -O'Keefe July 15, 1998 Page 3 Options for Action 1. Recommend approval of variance to allow 5,725 s.f of hardcover as shown in 2nd revised plan, using credit for the S. 0-75' zone area. Recommend approval for grading in 0-75' zones as needed to blend in with pre-existing contours, with no walkout excavation allowed. 2. Same as 1. but allowing additional 300 s.f. hardcover for patio. 3. Table for further information. 4. 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L.__ __ / ~ SHARRATT DESIGN COMPANY MEETING MEMO TELEPHONE MEMO Date: ~Y!!J _A_tt_en_d_in.,_g _____ _ Project: ,::P ~ /IM Subject: /2~ Uc/~ Discussion By Information/Decision ~~ ,:, Initials Company Action Bv J2aJ.i. z I 4---4--"c? ~p_, __ --- p,a-,,~ ~1'$r!E ~~ q~c7 b'/:'_· --- ?P-t/-1:t~ ?l?P~P ~ ~.e::... / ,f-r? ~~--- l"/h?.P,~ ~· S~Ar::;6 Z ,Z~ ,:;;F".~-__ tEE~~/V~) ~ZvP I .x ~ "'?g) -f:l,C,, '5:-Z~~ 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 E-mail: SDesignC @ AOL ON CERTIFICATE OF SURVEY FOR GARY O' KEEFE OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK . HENNEPIN COUNTY, MINNESOTA t.-1,;.(' ·-✓·,. f I'-) ·• "~ ' ( I I i r I I I \ I ' ,. I \ ., , .. .>7---, ' , ,. ... ..... , ,'-~ ... I -, t ·-, -~~ '( -_, -I -I - " ' i' /) .... r, --, V ' ~~/ • Jr, .t , ._,-, -.., ·-... C~ S()[W~LK ' ' , I . · .. I ·-. _,--...__ , I \ / •-.. / \ ' ~ , '-%-: --~ ;' ----' ...._ ~~L I '\_ -I --t-.__ -7 ~ -,- \ .'\. I -• . -I / ' \ I .,,__ . ~ ... ~, -~),,,\-~- ...... ~ .. ::-~-'.~ / ,~,.,,,_ I "-. ~~ '--'J_ z-1,,-f' "\ LEGAL DESCRIPTION OF PREMISES: Lots i7 and 18, Block 1, Baldur Pork This survey intends to show the boundaries of the above de~cribed property, end the location of on existing house, goroge, c.md o!i oti Ii : visible "hordcover" thereon. It does not purport to show any other improvements · or encroachments. --'"'~--: £ Jt'/f'f"/A//:, Ct'~TouA ---ll:IiJ--: //t,/l'fUJ (.f),</rPU,tl. OAT£ (-2~· 'I!' o Denotes iron marker Bearings shown ore based upon an assumed datum Datum: Mean seo level 0-75 FT. ZONE AREA: 16570+-S. F.=7630i!~.rT,,V'1t.,-,l/-f874t:>f.TP.Fr,rf)J,'T# > 75 FT. ZONE AREA: 15190+-S. F. DESCRF'To-1 .:J10rbolU .r.~,::.,.,,-·., /,feJ~~eJt'/ f;),)J;,..,·C: COFFIN & GRONBERG, ~ INC. --¼,tt,.z-ro 1/V,,-..<1 "i ,::: \., t'; -,4-o I ' ,s,37.. \ ' \ ~~ ~~ I ~ ~o ;z,.,,-1'.0 --::7,-7/6~ ~ ,, r I ✓- 7"7/0 I '5" ;c:;r, z..~ 'lt) t:' ~ '> 111: -;. ~ x-2'G~ '7 7~ ~. ,,,,,+, rll<')C , /~~~~ I HEREBY t:ERff Y THAT THis Pl A~. SPECTICA TION, OR REPORT SCALE 1"=.30 WAS PREPARED BY ME OR Ut-OER MY DRECT SlPERVISION At-{) THAT I ,-_1,1 A [)(,A._ Y LICENSED PROfTSSIONAl ENGN£ER l>OE:R D~TE Hi[ L,.,WS or 1H[ STA lE or 1.41NNESOT A. ~.., ... :::...•_ TNG ENGt-£ERS, L,l.J,[) ~VEYORS, SfTE PLANNERS 4/27/9 .. 4-82 T AI.CAAACK A VDU:, LONG LAKE, ~-55356 612-473-41-41 172'.-, /,A;,/~ Joa NO. OAT[ r-z-r-,r M'-1 LICENSE NUIABER ,:!.7..fS 9816€ F'HIJHE HIJ. : Jul. 10 1998 12:06F~ P2 .1,1,,{i-,.J,\,_,lj\.,...:\....I t ,i,_,J\. \....,,"'.\,l_.,\._,. l_ j.,, ~ ( 1\. 1 I\ /l\.l\. •. )J. .. J._.J...;l v " " I Y' n { 1:,,. , , .;. SETlMCK ZONE; (CffiCLE ONE) ~ 75-~SU' 250-500' 500-1000 1 /4,/ r:1 rt I I I EXJSTT;,-;G HAR'QCOVER r..' ZO:S."'£ . ~. Home ~~2:.f .. _.L;L_ ., B, O:u-ngc C, Driveway ··o .. Sidtw(l.]k ""t:·Lru:idsiilpe·. Underlain By .. Pla.stfo Or Fabrlq, G, Other ,,; X X X X X X X X X X .. . , "''•' I I TOTAL HARDCOVER' !N ZONE TO'.J'AL .. PROPERTY.AREA IN ZONE. t\' 6 f( . c 8 PB,.Q?OSEQ f'LA,,RDCOVER rN ZQ)f& .... A,. Ho.Lm:., ~-----x B, d a.ra.gc C, DriYeway D. Sidewalk Leny CJ\ X X ,X X ;(. X X ~--'"""·········---- 7 R 1 0-'"'" ;; I 00 Width -~~, ... ,.,., ......... , .. X E, Pa(io/Deck X X ,, ................ ···F:· .. Landscai:ie ··· ·· "X Underlain X ...... By Pla.sifo '" X G. or Fabric Other X TOTAL HARDCOVER IN,ZONE TOTAL PROPERrY AREA IN ZONE A -~--,-,----· + B x ioo "" 14 -~~--S.F . . S.F. ~--··-~~ S,f', . -----~-~--S ,F, --~-S,'.F, .. S,F'. , . -~--~~-s.r-. S.F. // I S.F, ~-"-'---~ S.F. /52. S.F, --~---__.... .. ,S.F. -~--·s.r. S,F. f C-?r; ·s,i:,·. ZJ:3 e .. , .. S.F. ?, 7.;.Jt_ % S,F, S.F. S,F, s.'r.: s.F, .. , S.P. S.F. --- .s.F. S.F. S.f, s.r, · s.F, ... .,.$,F: I S.:F. .. /\,, S,F, ., S,F, .,. S,P. % 'A o· A B Coffin & Gronberg. Inc. · .. 482Tamarac:kAve .. Long Lake, MN 55356 ,, FPIJM : F'an.3.::::•=•n i c TAD/FA>< F'HIJHE t·liJ. :' ~Ll BALK ZONE: (Cm.CLE ONE) :~ .,: J'?'!-IT/t EXU:i.IJ0G HARDCOVER IN ZOi\l~ A. Hout<! ~~-----.; 8. Oo.rogc ,\ X X X D. Sidewalk (';:Jul'. :f~h,;fV' 2 t./. I ;,; X E. Patio/Deck F, \,.a.nds~ri.pe ...... """'tJriCerl-riin .. ~ By Plastic Or F.tt/~i.c G. Other .If . .(:. rlf' S, • x X X. ·X X X ror AL HARDCOVER IN ZON l;:: TOl'AL fl{OPER1'Y AREA IN ZONE ·--'i_L-... -- ·-~· 1/ _________ ,,,, . ..__:___....... ......... ,.~~------,,·,··.,, ---··•····'--- A · . , 3'. f ?lj_ + B -·~ !/_? '1 O x I 00 ~BOPOSED HAB.12.C.OVER lli Zot::s':E ,_,,. A, -House ... , ... •~~--. •.. X· .,·:·,., ... ;;-""• ••.. C--:•,,.,., . ""' 'L,ns\h . .,, ~-~·,,,~...,,,_._, __ ___,. ... ,. X X ,>; ,;r; X C:r, ... Sidcw·s:Jk .. · X X ... E,. 'Padb/Deck X --~u ........ .a.--·n··,., '. F. Landscape Unctcrlaln · By Plastic .. ~--• .or Fu~:i~ ... C, Otter X X X X X "· .. • "' toiAL HA.Rt/covER. iN zoNE TOrAL l'ROPERTY A.REA lN ZONE . A ... --· -. . .. •·· ... ,. . -t:. i.~ X )◊Q Jul. 10 1998 12:07PM P3 JSO-SOO' 500.JOOO' '-. I ! . /·' l· = s.r, ~----S.F·. I 'I• ~-~L~/_3~-S.F. / 970 S,F. ;o;:o· s.f',' __ 9 f, __ S.F, ----~-S.F. ---~--s.F . -~---~-.s ... F, : ---~-....c..2-=........ S. P ... _ S.F. S.F, /JS S.F. .. -S·.F,· -~~~~ ,.1 .. r1, ___ -S.F . ~--~--"S-:F; ----~-S,F, S.F. . s· P ... -~~---''' -~-~-~ S,F.· S.F. S.F, ~--~--S.F, -~--$,..f. -~_, ___ S.F, I S,F. ------~,F. A. B ·' s, f., ·•· A ~~---~ S.?. B -~~"'·- Coffin & Oronbert, lno~ 482 Tamarack Av~. . '.""'"'.1:~vA MN 55356 .. ., FH]HE HCt. : .Jul. 1n 199R 12:07PM P4 FF•Dt·1 : & -I, • .. ~ \.J_J Y V I .l..u .l, \. \...,, ~• i J. .,-1 \._. \.... 1. •• 1. + ,. : ... ·'. , ·' _ 1 1 \../ 1 \.. .1 \. ._) 1. .l J.:. ..I.,~ .J. (---.~ ;' • ') ~0--;\ ') • 0, • 00 I v·if 1 ;· 500-1000 1 J 'It f(J-I t'-2 ?· '7,, SE'f!3,-\CK ZOJ'\1.~; (CIBCLE ONE) 0-75' · ~··QiJSTf;\'{i",:HAF,'QCQ\'ER fN ZO~E .-\. HOU$~ , 2 ¢£. S X ,, ' 1., ... ,)), ' 0(l(Q.g¢,.:., '' z 3/., t C. . Drive.w.iy , C,t///o-J'lt C),,UG;(; D, SidC)Valk (',<"v(~ . ..f.T(l'/>......,.;.... .oj () COUr:. WA'u_ .......... i:.@beck ,__ _______ _ .... J:./1-!.. 'f;f ff-t.-t-r ...... t.~f ___ _ ., ' F, Lo.ndsc:ipe /'7' '(" ,1,;. A t'C: Underlaln 6'7 110?1/f' By Plastic · Or Fabric G. Orher ,\ X. X X. X .x. X X X X X . .. IQTAL HAROCOVER 1N ZONE TOl'.-\L PROPERTY-"AREA IN ZONE I"' ~;:, ) _:::, ~ ---. -. -. --,.. _ .. ___ J€_ _____ _ = I~--~ ·......,.......,.. ..... _-, . .._ .. __ ..... _ ....,...-~--... ,.-, . ..,_ .... = .. A'.,;.. . .... '-'/7'20 .. , .,i.. B __L:7,, I? e_ x 100 -- ___ )~_13,QE.Q.~J;,;Q T·L\RDCOVER rN ZQNE ·-•·· A', House --~---x B, · Qruagc --.... • C: ·-Driveway· D, Sldewalk ,,.Jo.,. P11tio/D.~CX F. Landscnpe ' Underfaln" By Plastic t5(hbrl'c .. . ·-.~.' X X X X X X "TOTAL HARDCOVER IN ZONE TOTAL.PROPERTY AREA IN ZONE . A · •· B r' , .. X )00 "' l4 _,..-.~~S,F . S.F. S.F. • ~~----~_:__·....: S, F. t-./7 ' .,. r ·. 0 . S,E .. 23 J".6 . S.F. Zoo-. S.F." ~~~~- . /c:7.0 S,F.·· -~~r~ . S.F. --~--~_?_.?,,, __ s. F, -~-..:J_:2_ S,F, ~-~---S.P . S.F. ~--" ' S,F. · ---~---S.F. S.F ... -~--~~- _____ _____... S.f., s.r: ... --~---S.F. ~----~-~S,F. --~-~S,F, --~~-S.F, -~----·-S.F. S.F. ~~~ S.F: I ~----·-_ .. s.e. I ~ r ---~--·s;F; •"s,r, ... A ~-----S,P .. B % ------ Coffin & Gronberg, Inc. 482 Tamarack Ave, · · · Long take, MN 55355-- .. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2370 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 17, 1998 ------------------------------------------------------------------------------------ TO: Gary O'Keefe 4075 Co. Rd. 44 Minnetrista MN 55364 TYPE OF APPLICATION: Variance ------------------------------- DATE OF MEETING: 06/15/98 COPIES: VOTE: 6 FOR O AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled to allow applicant to revise plans to be more in conformity with the hardcover limitations. There appeared to be a general consensus that 40% in the 75-250' zone is too much; a figure that received apparent support was to allow 25% hardcover within the combined 75-250' and 0-75' south zones, i.e. 25% of (15,200 + 7,725) or approximately 5,731 s,f. (your surveyor, should confirm the actual areas within each zone). A revised grading plan should be submitted with your revised site plan/house plans. . Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the July 20 meeting is Friday, July 10. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday, July 20, 1998; meeting starts at 6:30 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. jlg To: From: Date: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator June 11, 1998 Subject: #2370 Gary O'Keefe, 1392 Baldur Park Road -Variances -Continuation of Public Hearing Zoning District: Application: List of Exhibits LR-IC, Single Family Lakeshore Residential, 1/2-acre, Sewered Request for hardcover variance, as well as a variance and 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. A -Revised site plan, floor plan, elevation view B -Revised hardcover submittal C -Notice of Planning Commission Action 5-19-98 D -Memo and exhibits of May 14, 1998 Planning Commission May 18 Action This item was tabled on May 18 to allow applicant to provide revised plans addressing Planning Commission's concerns. Those concerns include: 75-250' Hardcover should be limited to 40% (6,080 sf) Excavation to create a walkout will not be approved Cutting down the top of the hill received a mixed reaction (3 in favor, 2 against) Revised Proposal Applicant has provided a revised site plan for a I-story residence with a lower level that the plan labels as "Walkout Floor", but appears to include daylight windows rather than walkout doors. The house concept has been completely flipped, with the garage now facing to the right rather than the left. The driveway similarly is flipped and would enter Baldur Park road further to the northwest. No second story is evident from the plans submitted. The bulk of the house from the street side appears visually somewhat lower than the first plan, although no elevation view from the lake side has been provided. I;: i #2370 -O'Keefe June 11, 1998 Page 2 A revised grading plan has not been submitted, although applicant notes that while the walkout excavation has been abandoned, he would like to do some shaving in the 0-75' zone along the northwest side to match the neighboring elevations. Staff is concerned how this will impact a remaining 20" maple in this area. Hardcover The revised hardcover proposal includes some changes to the driveway and patio concepts. A backup or parking area near the garage is proposed, as well as a "percolating paver" patio at the northwest corner of the house, just off of the kitchen and screen porch. While no detail information has been submitted about the specific paver material proposed, in all past applications the City has considered such materials as hardcover, regardless of their permeability, much the same as weed-control fabrics in landscape beds. Including the patio and reconfigured driveway, proposed hardcover in the 75-250' zone is 6,505 s.f. or 42.8%, as compared with 41.4% in the first proposal and 26.2% existing. Also, the revised proposal has significantly more driveway in the south 0-75' zone than the first plan, approximately 1100 s.f. as compared to just 600 s.f. See the following comparison table: Hardcover: ---i / I Existing 1st Pro12osal Revised Pro12osal Allowed 0-75' N. 496 sf ( 6.3%) 0 sf (0%) 0 sf (0%) 0 sf (0%) 75-250' 3985 sf (26.2%) 6288 sf (41.4%) 6,505 sf ( 42.8%) 3800 sf (25%) 0-75' S. 2284 sf (29.6%) 605 sf (7.8%) 1,100 sf (14.2%) 0 sf (0%) 6765 sf 6893 sf 7,605 sf 3800 sf A variance to allow 40% hardcover in the 75-250' zone for a complete rebuild is not necessarily in keeping with the City's normal practice of holding new construction to a higher hardcover standard than when an existing home is added onto. The primary factor that supports some degree of hardcover variance is that the 75-250' zone is reduced in size by having lake on both ends of the lot. While there is nothing 'magic' about the existing overall site hardcover number (6,765 s.f.), it would appear somewhat inconsistent to allow an increase in hardcover for a total site redevelopment when the total site is already significantly over the hardcover limits. Planning Commission's suggested reduction of the 75-250' zone to 40% could have resulted in a plan that was less than 6,765 s.f. overall if the driveway had not increased and the patio was not proposed. If there is a need to have added driveway with the current plan, that need should be documented so that Planning Commission can determine whether it constitues a hardship or is merely a factor in the total site hardcover balance. Planning Commission must weigh all these factors in reaching a recommendation. #23 70 -O'Keefe June 11, 1998 Page 3 Lot Coverage Proposed Lot Coverage by Structures: 1st Proposal: 3664 / 30,800 =11.9% (Meets 15% limit) Revised Proposal: 3638 sf/ 30,800 =11.8% (Meets 15% limit) Grading The initially proposed grading plan included lowering the crown of hill by 2-3', including grading within 5' of side lot lines and within 0-75' zone, requiring a variance and CUP. The plan set submitted does not include a revised grading plan, making it impossible to determine the extent of proposed grading under the revised plan. Filling for the proposed driveway may be significant in the area north of the existing garage. No revised detail is provided for the applicant's intended grade matching along the northwest lot line in the north 0-7 5' zone. A revised grading plan is necessary for this application to be adequately reviewed. Because of the potential loss of mature trees in the 0-7 5' zone, staff has difficulty recommending approval for lowering the hill if that is still intended, although we are advised that one of the two noted 0-75' mature trees in that area (the 20" basswood) has now been removed. It is unclear to staff whether this was related to storm damage. Conceptually, plan revisions that help limit the potentially imposing impact of this residence on the neighborhood are a positive step, but doing so by changing the natural character of the 0-75' zone would not necessarily be appropriate in sta:ft's opinion. A proposal to match the 0-75' grade with the adjacent property may be appropriate but a grading plan is needed to show the extent of work intended. Planning Commission should have this information in hand prior to making a recommendation. Summary of Requests The revised plan still requires three separate approvals: 1. Hardcover variances 2. CUP and variance for excavation of portions of the hill within 5' oflot line and within 75' oflake 3. CUP and variance for land alteration in 0-75' zones to fill in existing foundation and reconfigure driveway Review of Hardships Please review the staff memo of May 14 in regards to the hardship criteria. #2370 -O'Keefe June 11, 1998 Page 4 Issues for Consideration 1. Have adequate hardships been demonstrated to support the proposed hardcover variances, which under the revised proposal appear to have increased in overall magnitude rather than decreased? Does the movement of hardcover out of the 0-75' zones into the 75-250' zone, provide adequate justification for an overall site hardcover increase of more than 800 s.f. over the current approximately 6,765 s.f.? 2. Will Planning Commission recommend approval for grading within 5' of the lot boundaries and within the 0-75' zone to lower the hill 2-3' if that is still proposed? A revised grading plan is needed to confirm that no new runoff flows are directed toward the neighboring properties; to confirm the extent of actual grading proposed in the 0-75' zones; and to confirm whether any importation or exportation of fill is needed. Staff Recommendation 1. A revised grading plan is needed in order to confirm the extent of grading required to accomplish the revised site plan. This should be provided for review prior to Planning Commission action. 2. Staff recommends approval of some hardcover variance for the southerly 0-75' zone to accomodate a driveway, but questions the extent of driveway necessary. Staff recommends that the overall site hardcover be limited to the existing 6765 s.f., allowing applicant to decide where to reduce hardcover. 3. If Planning Commission recommends approval for some degree of grade changes in the 0-75' zones, approval should be subject to staff review of the grading and drainage plan to ensure no impacts to neighboring properties, subject to a confirmation that cuts and fills are balanced to limit the importation/exportation of fill, and subject to erosion controls. 4. Staff recommends denial of any grading to create a walkout in the northerly 0-75' zone. Grading should be allowed, however, in the north 0-75' zone to fill in the basement of the existing residence and grade it to match existing contours; and grading should be allowed to accommodate the driveway in the south 0-75 zone. Options for Action 1. Recommend approval. 2. Recommend partial approval or conditional approval. 3. Recommend denial. 4. Table for additional information or revisions. 5. Other. / V / f • J " I ..L ,,, ~ J I ,,-,~· / J / a I / / I -- ,;, .f'-t~ -~ . 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':7~ r'gl' ~ l ____ .::r:-+-=--i-) -1-1 .1!!.o.S!'.cJ_.,,o~__,<;;~F,____..:::<:::,:....:~C-.!...,:..,.-'-.1J-_o ____ e __________ -------------------------- .,-], " J I ' ~~It·---·-··- I I ------ ~j -' ------CJ P'I I e.,.,,-r .. -- _ e(:1_,:;,> lct"At!S L,.~------_J.)_~---l~~'r ~I -.1/ 'ti I r-- 1 I I +--- • • I :; ,z..1 _ pll -~~!? . .bi_· ~_,;;:;. __ ~~-r-~~-------------------------------- - ~. -l '\\l -j l % ":? 7-z;> P--, /~7 'fl~ --~ * ~ t~ .# (.,I_± 1~-~~f'?__ --------------~--------------------• 67-t ~ !$:--GF-6--~:e:.--~ ---- _______ Jta,.11 ~--11-...__0_11. ---1--;-? ~--~F,t'---.F-::..~~.l~~-~-----~~-;z;:.;;+ .sq,,,,-z/qffMtr=," r.,ft/qf? tz.li=,✓, t ,._ .. 1\ 1 -----------+--.. ! I ~· \ .. ' "" ... \ " ~-~"'--~-tr~~ ~ .. ' .. .. r .. ____ ( --· -----------I f ! ------------------------- ---------------------------------~--~ __ -__ -_ __d!_--;'-""'"-=--ee:: ~s H-dMe:._. ____ _ ----------=~~~~ -~------------~~~ ~/,_;;~~-... __ _il/1/~~- SHARRATT DESIGN COMPANY MEETING MEMO Date: /o / ~ l li'ib Attending Initials Company Project: Q' l:;.e.e.'f:E Subject: ~toJlt:::t'l-. Discussion By Information/Decision ___ · ta>t Btlt±t: ___ . ft;:>Ot fl2-I t+r ___ . 'f:00 t: flttHt: ___ · f:<r2t ftY:t±r or ___ · suG, tol'1\:L.. OF-:1:-\<)Mt;.- OP 4N1A4E=- Dl-: ,Cfbop \?rill/IL w/u-l SJ..t:&1<¥ ___ . -t: )?E.t~t-Mlt4~ ~~ \"M:to ___ . t~tAt -- 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 -TELEPHm··· Action By ~ E-mail: SDesignC @ AOL CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Gary W. O'Keefe 4075 Co. Rd. 44 Minnetrista MN 5 5364 ZONING FILE ~ NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 19, 1998 COPIES: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 05/18/98 VOTE: 5 FOR O AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled to allow applicant to address issues noted by Planning Commission and provide revised plans. General direction provided by Planning Commission includes: 1. Limit hardcover in the 75-250' zone to 40% (surveyor established 75-250' zone at 15,200 s.f.±; 40% =6,080 s.f.) 2. Consensus (5 of 5) is that excavation in 0-75' zone for a walkout will not be approved. 3. No consensus was reached on whether cutting down the top of the hill should be allowed (3 in favor of it, 2 against). Applicant's next scheduled meeting is dependent upon receipt of additional information including revised plans. Deadline for the June 15, 1998 meeting is June 5, 1998. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). 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. State Law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on April 22 and the 60-day review period would end on June 22. However, because your application was tabled by the Planning Commission to the June 15 meeting, the earliest potential date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to August 22, 1998. C To: From: Date: Chair Smith and Orono Planning Commission Members Ron Moorse , City Administrator Michael P. Gaffron, Senior Planning Coordinator May 14 , 1998 ]) - Subject: #2370 Robert Kuhn/Gary O'Keefe , 1392 Baldur Park Road -Variances -Public Hearing Zoning District: LR-IC, Single Family Lakeshore Residential , 1/2-acre, Sewered Application: Request for hardcover variance , as well as a variance and 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 with walkout level. Note: The O'Keefe's purchase of this property is contingent on v ariance approval. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Survey (Existing) E -Proposed Site Plan F -Proposed Grading Plan G -Draft House Elevation Views H -Hardcover Calculations I -Neighborhood Topography / Residential Footprints Comparison J -Variance Resolution #2831 adopted July 9 , 1990 K -Documentation from Prior Approvals L -Comprehensive Plan Review and Ex cerpts Pertinent Facts Lot area excl. traveled road= 30 ,800 sf= 0.71 ac (Exceeds 0.50 ac min. requirement) Lot width= 97 .5' at shoreline, 113' at 75' setback (Exceeds 80% of 100' min. requirement) Meets all setback requirements: Reguired Proiiosed Lake setback 75' 84' Street setback 30 ' 80' W. side setback 10' 29' E . side setback 10' 13' Average setback No encr. No encr. #2370 -O'Keefe May 14, 1998 Page2 Hardcover: 0-75' N. 75-250' 0-75' S. Existing 496 sf (6.3%) 3985 sf(26.2%) 2284 sf (29.6%) 6765 sf Proposed Allowed 0 sf (0%) 0 sf (0%) 6288 sf (41.4%) 3800 sf (25%) 605 sf (7.8%) 0 sf (0%) 6893 sf 3800 sf Variance 2488 sf (16.4%) 605 sf(7.8%) 3093 sf Proposed Lot Coverage by Structures= 3664 / 30,800 =11.9% (Meets 15% limit) Proposed grading: Background 1. Intent is to lower crown of hill by 2-3', including grading within 5' of side lot lines and within 0-75' zone, requiring a variance and CUP. 2. Intent is to excavate within the 0-75' lakeshore protected zone to create a walkout situation, requiring a variance and CUP. 3. Fill ranging from 1' to 5' will occur in the 75-250' and southerly 0-75' zones to create a larger flat area for house and driveway. The existing house was built in 1910 according to tax records. The detached garage was built in 1973. A variance was granted in 1975 for an addition to the house and basement replacement. In 1989 a variance was granted for 4,940 sf hardcover in the 75-250' zone and 1,893 sf in the south 0- 75' zone (totalling 6833 sf) for replacement with a new residence. A CUP for grading in the 0-75' zones was also granted to allow for filling in the old house excavation and reworking the driveway. That application included a request to excavate for a walkout, which was denied. The variance approval was renewed in 1990 but was never used, so the current status of the site is as it was prior to the 1989 review. The applicant has provided a site plan showing removal of the existing detached garage near the road, reconstruction/relocation of the driveway, and replacement of the existing 1100 sf footprint house and 584 sf garage with a new residence and attached garage with a footprint totaling 3664 sf. The lot coverage by structures will still be conforming at just under 12%. Hardcover on the site is reduced in the 0-75' zones and increased in the 75-250' zone. There is a net increase of about 128 sf over the entire lot by staffs calculation ( 414 sf per applicants calculation). The proposed hardcover over the entire lot is essentially the same level as was approved in 1989-90. The net effect is to shift a greater portion of the hardcover to locations further from the lake. The house site is atop a hill on the otherwise very low and flat Baldur Park peninsula. Applicant notes that lowering the hill slightly will result in the new residence being somewhat less imposing in its surroundings. Both adjacent homes are lower in the topography than applicants site. Note that #23 70 -O'Keefe May 14, 1998 Page 3 this is one of the few double lots on the peninsula. However, a portion of that lowering will occur in the northerly 0-75' zone. It appears that 2 mature trees in the 0-75' zone would be removed as a result of this lowering. Applicant also proposes to grade for a walkout. This will require excavation of as much as 6' deep in the 0-75' protected zone where such excavations are not normally allowed, and would likely rsult in a 3rd mature tree being lost. The City has denied a number of such requests in the past, citing Comprehensive Plan Goals and Policies that intend to prevent changes to the shoreline landscape (see Exhibit L). In summary, the application essentially requests three separate approval: 1. Hardcover variances 2. CUP and variance for grading to lower the hill within 5' of lot line and within 7 5' of lake 3. CUP and variance for excavation within 0-75' zones to create a walkout, as well as to fill in existing foundation and reconfigure driveway Review of Hardships The applicant submitted a CUP application form rather than a variance form, hence no formal hardship statement was presented. Applicant did note the prior hardcover variance approval, and Planning Commission may wish to review the findings from the 1989-90 approvals (see Exhibit I). Applicant will be prepared to address the specific justifications for the granting of each of the requested approvals at the May 18 meeting. Criteria for Determining Undue Hardship The following criteria must be considered in determining whether adequate hardship exists to grant variances: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property contains an existing residence. That residence could potentially be expanded without variances with some revisions to the site plan; however, access to the property is necessarily within the southerly 0-75' zone, so some variance would likely be needed to revise the driveway even if a house was built meeting hardcover requirements. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. #23 70 -Gary O'Keefe May 14, 1998 Page4 The magnitude of the hardcover variances is related to the size and location of the proposed house, factors under control of the applicant. A smaller house and garage could result in a reduction in the magnitude of the hardcover variance in the 75-250' zone. The southerly 0-7 5' hardcover variance as proposed is the minimum necessary to accomodate the driveway, and this is a factor unique to the property. The variances to do grading work in the 0-75' zone are related specifically to the use to which the applicant wishes to put the property, and are not inherent problems with the lot's buildability or uniqueness in stajf s opinion. 3. The variance, if granted, will not alter the essential character of the locality. Applicant's lot is larger than most other lots in the neighborhood. It also is the highest lot in the neighborhood The hardcover variance will allow the construction of a residence and attached garage completely within the 75-250' zone. The character of this neighborhood has been changing over the last 15 years as the small summer cabins have been enlarged into newer larger homes, typically on 50' lots. None of this upgrade has occurred by combining two properties, so the applicant's existing double lot is somewhat unique. The proposed house/garage combination will not be substantially greater in footprint area than other homes/garages in the neighborhood The proposed 3-level view from the lake side, coupled with the greater width of the house than those on neighboring narrower lots, will potentially make this house dominant in the neighborhood Applicant is attempting to soften this somewhat by lowering the height of the hill so the house can be slightly lower, but at the expense of some mature trees and a slight change in the topography of the shoreline. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors have not been suggested as a consideration with this application. 5. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Single family residences and attached garages are allowed uses in the LR-1 C district. #23 70 -O'Keefe May 14, 1998 Page 5 6. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The same hardcover requirements and grading/excavating limitations apply to all residential lakeshore lots in the LR-JC district. 7. The conditions do not apply generally to other land or structures in the district in which said land is located. The conditions applying to this lot are the same as those applying to other lots in the LR-JC district. 8. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a right to maintain the existing residence, or to construct a new residence on the property that meets City code standards. A new home could be constructed on the property without most of the variances being requested. 9. The granting of the proposed variances will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Granting of the variances will not impair health, safety, comfort or morals. 10. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Certain facets of the hardcover variance request are related to the applicants wish for certain size house and garage; the southerly 0-75' hardcover variance is related to the factors inherent in the lot due to the lake being on both ends of the lot. The request for grading in the 0-7 5' zone is for the convenience of the applicant; the request for a CUP to lower the crown of the hill, while benefitting the applicant to some extent, may also lessen the impact of this home in the context of the neighborhood, but results in the loss of mature trees and changes the natural topography of the shoreline. Issues for Consideration 1. Have adequate hardships been demonstrated to support the proposed hardcover variances? Is the fact that the proposed hardcover variances are similar to those granted in 1989-90, but now with a greater share of the hardcover removed from the 0-75' zone, a positive factor #2370 -O'Keefe May 14, 1998 Page 6 in granting the magnitude of variances requested? Is there a basis to suggest that the hardcover overall should not be increased above the current square footage on the site (approximately 6,765 sf)? 2. Is it appropriate to allow grading within 5' of the lot boundaries and within the 0-75' zone to lower the hill 2-3'? The grading appears to amount to taking 2-3' off an area 50x100' and filling from 2' to 5' deep on the road side of the house to make a larger level building pad; the total amount of earth movement would appear to be in the 500-1000 cubic yard range, a portion of which is required to protect the house foundation. It is a close call as to whether a CUP is needed merely based on excavating in excess of 500 cy; a key factor should be the potential impacts on drainage. The plan appears to not direct new flows toward the neighboring properties. It would also be helpful to know whether the grading plan requires any importation or exportation of fill, or if it's balanced between cuts and fills. Any approval should require the standard erosion control requirements. 3. Is there sufficient justification to allow excavation in the 0-75' zone to create a walkout? Please review the minutes from the prior variance approval, and the included Comprehensive Plan review and excerpts. Staff Recommendation 1. Staff recommends approval of a hardcover variance for the southerly 0-75' zone to accomodate a driveway. The variance to allow 40% hardcover in the 75-250' zone for a complete rebuild is not necessarily in keeping with the City's normal practice of holding new construction to a higher hardcover standard than when an existing home is added onto. The primary factor that supports some degree of hardcover variance is that the 75-250' zone is reduced in size by having lake on both ends of the lot. The fact that so much hardcover will be required to accomodate a side loading garage suggests that hardcover might be reduced by having an end-load garage, but due to topography it would have to be at a lower level to end up with a reasonably sloped driveway. Planning Commission must weigh all these factors in reaching a recommendation. 2. Because of the loss of mature trees in the 0-7 5' zone, staff has difficulty recommending approval for lowering the hill. Conceptually, this proposal to help limit the potentially imposing impact of this residence on the neighborhood is a positive step, but the need to change the natural look of the 0-75' zone to accomplish that, is the problem. If Planning Commission recommends approval, it should be subject to City approval of the grading and drainage plan to ensure no impacts to neighboring properties, subject to a confirmation that cuts and fills are balanced to limit the importation/exportation of fill, and subject to erosion controls. #2370 -O"Keefe May 14, 1998 Page 7 3. Based on City's history of denial of 0-75' excavation to create walkouts, and based on the goals and policies in the Comprehensive Plan, and based on the potential loss of an additional tree, staff recommends denial of the grading to create a walkout in the northerly 0-75' zone. Grading should be allowed, however, in the north 0-75' zone to fill in the basement of the existing residence and grade it to match existing contours. Options for Action 1. Recommend approval. 2. Recommend partial approval or conditional approval. 3. Recommend denial. 4. Other. Application # ~31 C) . Date Received Y-22: -.C\ 't\ Amount Paid ~- CITY OF ORONO -GENERAL LAND USE APPLICATION 0 0 0 . PROPERTY LOCATION li'.I a."'~ Site Address \'36\ 'L · {6/\LDUf!_ Pi\?--1( . ~p..(.) >, .,, Cl. Type of Application to be Filed ____,,(__,l...,A'-'--P------,---------------~ Property Identification Number (P.I.D.) Q?.,-11 J -d-3 31 000 "3 co 0-. --cu cu --, ' -:a-0 APPLICANT . Phone (home) 4 ZdJ--z,.;;;.,£:/ Name ~£'£:, W, cJKc:~E Phone(work) 9£/-/ 37",I Address </-0 zf;_~ C!-ri ~ 44: City /JJ/&AltSti?/v-#-Zip 5S:~f= Phone (home) _______ _ Phone (work) _______ _ OWNER (if different than applicant) Name ( fo~ { .. ht~tf ~I-fl,.)) Address 1'3.C\.'2-~~f\<..... ~ City _______ Zip s-S-~S\ l Date Property Acquired _________________ (month/year) I (do) ( do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP application ___ $175.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ---$200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use LRt -c A -- -x-$250.00 Land Alteration ( \JJ l 'TH lt-l ~, 0-r I\ Pf20fe!12T\/ Utvc) Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading , seawall , retaining walls within 75' of lakeshore l'RD/PID -see Fee Schedule --- ___ $150.00 Renewal Fee (no change from original application) ___ · After-the-Fact Fee -Double Current Application Fee OTHER APPLICAT<I@NS -~ .· ___ $250.00 ),6mmercial Site Plan Review(+ consultant fees) $300.00 \;'acation --- $200.00 Ea~ement Vacation --- $100.00 Easement Vacation With Subdivision --- ___ $350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 6 REQUIRED SUBMITTALS I. X Completed Application Form. - 2 . 3. 4. 5. 6 . 7. 8. 9. X X X Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-327 1). . . . . . Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 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). Construction plan, if applicable (see staff for requirements). ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X · 11 11 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land U!;,e Application is .complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The· appli~ant hereby agrees to provide all •iriformation required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature ________________ Date ________ _ ~ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members; and Council members for purposes of investigation and verification of this request. Owner's si 0onature Date -------------------------- 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 advise the Building & Zoning Office of this change prior to the meeting. 7 [!{1/E I NORTH ARM \ \ ~ \ '\ \ \ ("34) ~x · #.t\illDl ~t\il@l@ I OO ©J ~1~ I I -B - -- RUN DATE 04/23/98 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR .. PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 31 0001 01400 BALDUR PARK RD CHARLES B REID CHARLES B REID 1400 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0004 01384 BALDUR PARK RD MD & J A VERSTEEG MARK D VERSTEEG 1384 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0007 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM J M FRANKLIN BROADWAY SALES 1000 W BROADNAY MPLS MN 55411 38 08-117-23 31 0010 00038 ADDRESS UNASSIGNED IULLIAM-J M FRANKLIN WILLIAM J M FRANKLIN BROADWAY SALES 1000 H BROADWAY MPLS MN 55411 38 08-117~23 34 0016 01412 BALDUR PARK RD CC HAGFORS & KE HAGFORS CURTIS C HAGFORS 1412 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0028 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD N DEER PARK WA 99006 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 31 0002 01396 BALDUR PARK RD R J & MA HETT TRUSTEES RICHARD & MARGE HETT 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 01376 BALDUR PARK RD J HANG & D L BOTHWELL-WANG J WANG & D L BOTHWELL-WANG 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0008 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM J M FRANKLIN BROADWAY SALES 1000 W BROADl-'IAY MPLS MN 55411 38 08-117-23 34 0014 01420 BALDUR PARK RD CM JOHNSON & KM F JOHNSON CM JOHNSON & KM F JOHNSON 1420 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0017 01408 BALDUR PARK RD JAMES P WERNER JAMES P HERNER 1408 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0029 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD H DEER PARK NA 99006 REPORT NO. PI435401 38 08-117-23 31 0003 01392 BALDUR PARK RD RC & J E KUHN ROBERT C & JUDYE KUHN 1392 BALDUR PARK RD WAYZATA MN 55391 PAGE 6 38 08-117-23 31 0006 00038 ADDRESS UNASSIGNED NILUAM J M FRANKLIN WILLIAM J M FRANKLIN BROADNAY SALES 1000 H BROADNAY MPLS MN 55411 38 08-117-23 31 0009 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN NILLIAM J M FRANKLIN BROADNAY SALES 1000 N BROADNAY MPLS MN 55411 38 08-117-23 34 0015 01416 BALDUR PARK RD JC ULKU ET AL W/L EST RUBYE & JOHN C ULKU 1416 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0018- 01404 BALDUR PARK RD CHARLES AFFIAS CHARLES AFFIAS 2634 JERSEY AVES ST LOUIS PARK MN 55426 38 08-117-23 34 0030 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD N DEER PARK NA 99006 )0 - RUN DATE 04/23/98 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADOR OWNER NAME TAXPAYER NAME/AOOR 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 34 0032 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS ROW DEER PARK WA 99006 38 08-117-23 34 0059 01428 BALDUR PARK RD THE HELI ROTH TRUST GUENTHER & HELI ROTH /TRSTES 1428 BALDUR PARK RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 7 38 08-117-23 34 0033 00038 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX 418 NISSWA MN 56468 TOTAL BATCH 503 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ')' _ Q_ DATE £./~2!/-98 BY lvr.c_ /,/2·?;j.P:WL1crt\ FF.:rn·,1 : F"-3.n-3.:3con i C TAI:vFA~< Ju 1. 1 D 199:::: 12: DE:PM F"2 v "" I ..:.,, t, {1,·,i•, l .1), {).J.\, . .1,. . .1 '-..-' \.,_.I 1 L, J \. \..,., 1·\. L, \._,. l_ '.,, l I l 1. i. • \ \ I l \. l \. .. ) l. J ,L-J__., l , ~ S°Ell.Jr\Cl< ZONE; (CffiCLE ONE) (£{f) 75-250' 250-500) 500-1000) M t7 rt -r1 ✓ t~XjSTr:-.'G HAR'QCOVER TN zo:--.i::: ,.i_, Home . _m'2:§...L2.__ ., B, Oa.rnge · C: Dri ,·ew.iy ·:·o .. Sidtw(!Jk " "t;" 'lwids~;~pe·. Underlain By .. Pla.sti'c' Or P1lbriq, G, Other ;,; X X X X X X X X X .. . •, ,.,, .. ' ' · ···· TOTAL HARDCOVER"IN ZONE TO;J'AL .. PROPER'rY.AREA IN ZONE. r\ · . 6 f( . ..,. g PRQPOSEQ !lARDCOY~R rN ZQNE ... A, .... H◊\.JSl.l.. . .. "' ;;. Lcnyui X X ,X _/ 5. ( __ ··----··-- \Vi\1VI 7 /?? 0,,,,, .. x 100 Wi<ltlt --~·--.-••~••r·.,,.., .. ,.,.. __ ....... ~:. :._da.ra_~~ C, Driveway D. Sidewalk ··F:···•Landscape ··· · -~-~~- Underlain · ...... By Plasifo .. -----~ Or fabric . 0, 01her X ;,, X ·~ X --~--............ ,_. TOTAL HARDCOVER IN-ZONE TOTAL PROPERTY AREA IN ZONE = ,;::;;-; -~ = ~-l-// ]______ S. F. . S.F, S,F·, ~•..,..,...,."""~-- S,F, 'I, ·--· .' .... ..,........... __ S.F, ~~~-S,F, ,, S.F .. ,, ~-~-~--s.r-: --~--·~ S.F . ........,___,//__,_/_S.F, .___;'-----~ S. F. S.F, ·---",§.Fi. -~--·---·~.~. S.P. ' . C,,? (; ·soP ," ... A . ··~··_ ........ Z,~"S.P. J3 _....,.?'--''--'7,;..k_ % -~--S.F:· .. --~~S.P. _____ S,r, ___ s:r.:·· S.F. ~-----S.F. _s.F, --~-S,F. --~~S.F. $,F, ,;cs' ..... ,., ' · s.P ... ···· =~--~---·s.r·,, ~---· S.F. ------S,F, ··s.F." A ------S,P, B A -~ B ,'\ 100 -= % ----...... ,-.. -.. ~ .. ,, "''. 14 Coffin & Gronberg, Inc. · · · 482 Tamarack Ave .. · Lona Lake, MN 553.56 . ,, \ ' OF CERTIFICATE GARY OF SURVEY FOR O' KEEFE LOTS 17 AND HENNEP BLOCK 1, BALDUR 18, COUNTY, MINNESOTA I ., -II\) I \• ✓ I ( J I I 20"& I \ MAPIJ'. I 1 -J I (JB< D I I ¼SSWOOO I 1~~-, I · c ·"" I I _1----,.., -~✓ ,,-I ' I f.ii ( / J., \ ~ I ~ \ \ / &, I 1, J ••✓, z,,qlrf' PARK ¼I\IIVf' to!\t; 1/r,,q "''-S, \ \ ·, )i ~ ,~ • l .1 DESIGNED ■ REVISION DATE DRAWN <--11rf' ¼IVl\;f' 1' 01\t; 1/r,,q LEGAL DESCRIPTION OF PREMISES: Lots 17 and 18, Block 1, Baldur Park 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. o Denotes iron marker Bearings shown are based upon an assumed datum Doh.in,~ fl.c:t.J,1 SQY ;c;vc.1 0-75 FT. ZONE AREA: 16570+-S. F. > 75 FT. ZONE AREA: 15190+-S. F. DESCRIPTION COFFIN & GRONBERG, INC. 1-----1-----1-----------------oNSUL TING ENGINEERS, LANO SURVEYORS, SITE PLANNERSI 482 TAMARACK AVENUE, LONG LAKE, MN. 55356 CHECKED 1-------1-----1--------------------I 612-473-4141 I I HEREBY CERTIFY THAT THIS PLAN, SPECFICA TION, OR REPORT WAS PREPARED BY ME OR UNOER MY ORECT SUPERVISION ANO THAT I AM A DULY L~ENSED PROFESSIONAL ENGINEER u-iOER THE LAWS OF THE STATE OF MINNESOTA. -~ DATE </--27-9P t.4N LICENSE NUMBER 12 Z I/ sc~s- 1"~ DATE 4/27/98 JOB NO. 98166 ' ·-·._; .. ·. / I . I I I I I I I I I I . I • I . I I I I I , ·, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I /. I I I I I I I I I I I ., I I I I I I I (1 . I I I I I 1/ I -I ..J /- ~-I i l. t : I -., t I t I ,: . I j·· I :-\\.· .. \. .. \ ; I I I I I I I I I I I I , . I I I I I I I I I I I I I I I I I I I I I I .. / .·, I I I ·, I I I ,. I I I I 'I ·' I I ., I I I I I I I I .-h;t/ ! 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(612) 879-0?41 XXX XXX XXX XXX XXX XXX PROJECT; NEW RESIDENCE ;ARY &LORI O'KEEFE LOCATED AT: 1392 BALDUR PARl< ROM> ORONO.MN SHEET CONTENT~ PRELIMINARY SITE PLAN 1"=UT PMS CHECKED BY: PMS DATE: 4-29-98 V)INO.L3NNIW 3)1V1 "ea ------------------------------------------------------------------------------------ -----Vie-_ ------------- ------------"" J ----------------------- ""'· . >--~::---____ , __ <:::::--------------------------------- --:::-----------------. . ------ '.L;;/NN(J,.,{ ------. :1~.,,,.,. ~--------- ·····.-:· ;•. I I I ·I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r----. // I -Y-- ' I -----/ I I ,,,, I I I I I I I 00 I / I I I •. I I · I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I I I I I .·, ,, .. . · llJ I : # /:' -J __ f . ./ I I ,· I 1 I I .••.' I I 'Ooi,' /' I I I I I I I I I I I I I I I I I I I I I I I ,,. ..... I I ,• ,· , . I I ./ .. , I ·I . I ·~\ ! ... I lf ... /. !l!. /: ::i .. ·,. JK I j'! I 1 I ·1 ! . I . ,. ·-. 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(612) 879-024 f . ------ REVIS<ONS: XXX XXX XXX XXX XXX XXX PROJECT: NEWRESIDEN FOR: GARY & LO O'KEEFE LOCAlcD AT: 1392 BAI.DUR PARK ROAD ORONO.MN SHEET COt<TElffS: PRELIMINARY SITE PLAN SCI.I.£: r::1a PROJECT NO.: S5J4 ORA'l'\'N6Y: PMS OEO<EDBY: PMS DA.TE: 4-::,,.ga SHEET NO. 0[ Of 6 ~ffTS ·n !' --~-. --~----~.....;::..i~;, ,.;\ .. . . ... . ' ~ .. : . . ·•}''. r:::se:::;;;::---·-- .,. . ... , ...... 1>AFr HdtAS£ e1,EVAT/OAJS ..... ,., HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ~ EXISTING HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length ·-- X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE 75-250' Width 1-,)~ir\ A 4~'0 B (o~G:,f: x 100 <SovTH \ 4\ ~ 6>'2..5'8 PROPOSED HARDCOVER IN ZONE A. House 13. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other N o'(<..T+I A 12,oUT-H Length X X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE Width TOTAL PROPERTY AREA IN ZONE 4 -9-+ B G 1, 0 x I 00 ---- G 80 B'2..SB 11 250-500' 500-1000' Ne>Rir\ ~OU"T~ 3~4 e:H.o 1,£ ~ -e- ,;,~4- ~ 44 \-012. 2'?,'2. -Gr G2>0, Goo ·112525 .~12. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. -- S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % HARDCOVER CALCULATION \VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' § 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 7 \~ S.F. Length Width X S.F. X S.F. X S.F. B. Garage X 540 S.F. C. Driveway X 2.<oo\ S.F. X S.F. D. Sidewalk X \0'0 S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F.-= G. Other X S.F. TOT AL HARDCOVER IN ZONE 40,., S.F. A TOTAL PROPERTY AREA IN ZONE \51G:J S.F. B A 4011 B IS'15'1 X 100 '2.5,S % PROPOSED HARDCOVER IN ZONE '2...~\'2-A. House X = S.F. Length Width X S.F. X S.F. X S.F. B. Garage X = 55"4 S.F. C. Driveway X \~70 S.F. X S.F. D. Sidewalk ·x --l :JS S.F. X S.F. E. Patio/Deck X ·s;-h S.F. X 5<o S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X = · S.F. TOT AL HARDCOVER IN ZONE ~\4"1 S.F. A TOTAL PROPERTY AREA IN ZONE_.... 6° ~S15"7 S.F. B A ~\4\ + B ~'=17] X 100 3~,q % 11 LOT AREA, LOT WIDTH, HARDCOVER -1392 Baldur Park Road Gross Lot Area 31,750 sf= 0.73 acre -950 sf Portion in traveled road Net Lot Area 30,800 sf = 0.71 acre (Exceeds 0.5 acre min. of LR-lC zone) Lot Width: At shoreline: At 75' setback line: 97.5' (Exceeds 80% of 100' min. reqmt. for LR-lC Lot of Recor 113' (Exceeds 100' min reqmt.) Hardcover Zones: 0-75' North 75-250' Area= 105'x75' = 7,875 sf± Area= 15,200 sf± (per Surveyor) Area= 30,800-7,875-15,200 = 7,725 sf± 0-75' South EXISTING HARDCOVER: 0-75' North: House (26.5x14.5) 75-250': Deck/ steps (8x12) + (4x4) House (26.5x41.6)-384 Det. Garage (24.lx24.2)-(4x24.1) Driveway (1250+975+240) Steps, patios (5x6)+(4x30)+(6x9)+(6x10) Timber walls & borders (0.5xl 00) 0-75' South: Part Garage (4x24.1) Gravel Driveway (112+660+220+ 1056) Timber walls & borders (280x0.5) PROPOSED HARDCOVER: 0-75' North: NONE 75-250': House and Garage (See sketch) Patios and walks (See sketch) Driveway (See sketch) 0-75' South: Driveway (See sketch) 384 sf 112 sf 496 sf/ 7,875 = 6.3% 718 sf 488 sf 2,465 sf 264 sf 50 sf 3,985 sf/ 15,200 = 26.2% 96 sf 2,048 sf 140 sf 2,284 sf/ 7,725 = 29.6% 0 sf=0% 3,364 sf 896 sf 1,728 sf 6,288 sf/ 15,200 = 41.4% 605 sf/ 7,725 = 7.8% Total Existing Hardcover= 496+3985+2284= 6,765 sf/ 30,800 = 22%oftotal lot Total Proposed Hardcover= 6288+605 = 6,893 sf/ 30,800 = 22.4% of total lot / , G ]. / / , / / / / / ,!'/ ·- ,/ ss·1,sc:: ~---: 'i ____ _ I • I I I \ I I -\-------------~----- \ I \ \ \ I I I ]'\1- I I I I I I I I I I I I I I I I. \ .. \ ct:\ \ ~"":)-~~ -I I di 0, I I I I I . 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O> .. ., 5694427 City of ORO RESOLUTION NO. ----'------ A RESOLUTION GRANTING RENEWAL VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 AND SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERM.IT PER SECTION 10.03, SUBDIVISION 19 FILE 11544 WHEREAS, Roger and Becky Berry (hereinafter "the applicants") are the 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, the applicants have made application to the City of Orono for renewal of variances previously granted to permit construction of a new residence to replace the existing residence on the property, requiring a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit a 2' encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to Section 10.22, Subdivision 2 to allow hardcover in the southerly 0-75' and in the 75-250' zone in excess of the hardcover normally allowed in those zones, and for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 and variance to Section 10.55, Subdivision 8 to permit the regrading of portions of the property located within the 0-75' lakeshore setback zone where no grading is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1544. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.71 acres in area. Page 1 of 6 4. The Orono Planning Commission reviewed the original application #1363 on January 17, 1989 and February 21, 1989, and recommended approval of the applicants' revised request for variances and a conditional use permit based on the following findings: A) Hardcover is being totally removed from the northerly 0-75' zone and is not increasing in the southerly 0-75' zone. This is a substantial benefit to the property and to the neighborhood in regard to quality of runoff entering Lake Minnetonka. B) The hardcover increase in the 75-250' zone from 26.5% to 31.9% is justified by removals in the 0-75' zone, which yield a reduction from 8.8% to 0% hardcover in the northerly 0-75' zone. All of the proposed hardcover is necessary to preserve the substantial property rights of the owners in developing this property. C) The average lakeshore setback encroachment of 2' is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a resu 1 t of remova 1 of the existing· house. Furthermore, encroachment of the proposed house past the average setback line is necessary to preserve an existing mature oak tree on the property without redesigning the proposed residence. D) The variances requested are consistent with variances granted for upgrade of other residences in the Baldur Park neighborhood in recent years. E) The unique elevated nature of the property in relation to the surrounding properties, suggests-that the residence must be located near the highest elevation and further from the road in order to benefit from the northerly view fo the lake, and therefore requires a longer driveway with its associated hardcover. Page 2 of 6 City of ORONO . :~ :~ ' ·." '1 \ ~.· RESOLUTION OF THE CITY cou~tlt ; C :. F) Granting of the conditional use permit and variance for grading in the 0-75' zone is necessary to allow applicant to fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to existing contours. The applicants have revised the house plans so that their walkout concept can be developed without the need to change grades from those naturally occuring in the northerly 0-75' zone. In the southerly 0-75' zone, minor grade changes to reconstruct the driveway are necessary to provide a safe and low-hardcover access to the property. 5. The Planning Commission reviewed application #1544 on June 18, 1990 and on a vote of 6-0 recommended approval, finding no changes proposed from the approval granted in Resolution #2587 adopted March 13, 1989. 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 properties; 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 applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zone 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 properties, nor will it 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. Page 3 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL ,d'\ \~_,. CONCLUSIONS, ORDERN~ :::ITIONS \ii;);Iy Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to allow an encroachment of 2' past the average lakeshore setback zone where no encroachment is normally allowed, and grants a variance to Section 10.22, Subdivision 2 to allow hardcover of 25.1% in the southerly 0-75' lakeshore setback zone where no hardcover is normally allowed, and allow 31.9% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, and grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow regrading of the yard areas in the 0-75' lakeshore setback zone where filling and grading is normally not allowed, subject to the following conditions: 1. Construction shall adhere to the site plan attached to this resolution as Exhibit A. 2. All hardcover in the northerly 0-75' lakeshore setback zone shall be removed. In the southerly 0-75' lakeshore setback zone, the existing detached garage shall be removed and the driveway shall be reconstructed in a manner such that hardcover in that zone shall not exceed 1,893 s.f. In the 75-250' zone, hardcover shall not exceed 31.9% or 4,940 s.f. The existing detached garage and hardcover surrounding it shall be removed, and a third garage stall shall be attached to the proposed residence per the site plan, Exhibit A. 3. Per applicants' revised proposal, the grading in the northerly 0-75' zone shall be limited to that work necessary only to bring that excavation remaining from the removed residence back to pre-existing grades conf-0rming with the shape and slope of the pre-existing topography. No cuts in the 0-75' setback zone have been approved for creation of a walkout. In the s~utherly 0-75' zone, grading is allowed as necessary to minimize the length and slope of the driveway as well as the hardcover associated with it. All areas in the 0-75' zone shall be immediately seeded or sodded after completion of grading, and a 11 grading work on the property sha 11 be subject to erosion control measures as may be required by the City. Page 4 of-6 City of ORONQ\ \\: ·t \·;:, ~. ;: ,--., ... RESOLUTION OF THE CITY COUNCIL---~",;\~\ hTu\A., NO. 2831 'Sl•'· applicant is advised that no additional hardcover be allowed on this property in excess of that granted with t~e current variance request, but any future proposal to add hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover on the property. 5. Applicants are further advised that the traveled portion of Baldur Park Road extends within the property boundaries and the City may at some future date request additional right-of-way to accommodate that roadway. (Granting of additional right-of-way is not a condition of the current variance approval.) 6. Authorities granted by this resolution run with th~ property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (July 9, 1991). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, 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 9th day of July, 1990. Page 5 of 6 ayor -------) ~'i( , ----~-7 Sc~ ~-; '-. r:;;;:;;:~ . / /'/ City of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ss. NO. 2831 ·,1,· ;,-\.,-.. The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit .-- THERESALNAAB NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY MY commlsSlon expires 9-8-92 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this --=-'------day of ~l(s';f- before me Public wi in andforsaid county, appeared ,. tL ' f-1 , 199 0 personal Ty known to me to be rson(s) d ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. THERESA L NAAB NOTARY PUBLIC• MINNESOTA HENNEPIN COUNTY My commission expir~ 9-a-92 -. , 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 6 of 'Ei :~-~ at·· ·..,"" I ---------,,, -----.,Z, .. 1/ Ao.--,-.,.J .rA•rr~~,,. _.._\.: I I ,,,, -.," -- I., 1., -..... ~ ..... -. ', ---/--- ..... ..... .... ..... ... ... ... ~~r, A (2..es.01.. • Jv,,. 2.ss, 0 •. 1s • -----.:._ -.... \ ' " ,; /)c<:k ... .7,? .. ... zr.2 b :.~ ,.; ,. l .. 21y ,Eu°Jh°A:J i N.-1r,e ~I) •• >, II ~i "'i!J "I,._ ~ t fir MC:Wf; //.41:l,t_c,-i,.•,t,. f,Q.o,mO 6AP .. M.~I!!: F~!-1t-= ~- ~a....Jo 7-'P'-J;e,q .,.:-. - . 'l'o~ I Planning C~mmission Chai!'."lman Kelly Orono Plarming Corrurdssion Members Ci. ty .,\.dministrator Bernhardson ----~ Michael P. Gaffron, Asst Planning & Zoning Administrator Date: January 11, 1989 Subject: .if1363 Roger & Becky Derry, L,92 Baldur Park Road - Variance/CUP ·-Public Hearing Zoning Dis~rict -LR-lC, single family, 1/2 acre, sewered Application -Request for variances for hardcover, lakeshore setback, an average l~ke.i;;:tora setback. COP/variance "for grade changes in 0-75 lakeshore setback zone. Li,ot of· J?.~t.:O:tbi t:!Ur Exhibit~ -Application Exhibit B' -Plat M6~ Exhib:i..t I'.;: -l':r·op,~:.:ty (1-...'uw'.:1:S List J~xhib:~ t D -Neiqhbo:r.ing Property Owner Acknowledgements r~xi1:i_o:'..t ?,' -;.:::'l..n:vey vw'i th ).:!;:xisti.r:tg Site Plan }'.'.,rhfbi t fl ~-SiJt"trey W:.i., th ProJI;OBf.:H:1 Site Plan Exhibit G -?reliminary Elevation Views :r:1,~:rd. hit H -P::n•i•~U..rd.nary .£.~1oor Plans Bxhib~t ! -Pro~os~d Grading Plan :G;-th.1.Di. t ,J -Hardcover CaJ.cula.tions Submitted exhibit K -H~rdcover Review by Staff Exhibit L -Baldur Park Area Variance Listing "J. The ;:}J:-,ore:ct~~,. 1.J::1 hor<leired on the north and south ends by Lak:: Minnetonka. Per staff calculations, hardcover in the various zones iJ summar1zec 1 as follows: }:~ )Ci. f:; t: in tl ••• ,, _,_,._,._,.,, __ ,...,,_, ___ ,71,. l,B9J s,f. (25.1%) 4,lJ.J 11,r. (26.j%) 697 ~.r. ( 8.8%) 2,590 s.f. (16.71) Propose_g 1,893 s.f. (25.1%) 6,043 s.f. (39.0%) 362 s.f. ( 4.6'ld 2,255 s.f. (14.61) Zone Area 7,548 s.f. 15,500 s.f. 7,950 s.f. 15,498 s.f. \P the 0-75' zones, there is a net hardcover decrease of 335 s.f. 73-250 1 zone, there is a net hardcover increase of l,933 ~ '1••c, .. ~t' ~ ;.), n-" JS "' , ... {--har,'ic ' .,.. . "---.-:h---:-0 · _.,,_v o'" 1 , .. ~.... •/ ,:. ~. "· ., ,1. , L i 1 -c ,. c .!. '-' " e L ,, u o :; e ,. J n c re a .& l! o :::i ,: e p r t· e 1 ,_ ~ . ; . .. , s.f. Plense review Exhibit K for a more detailed layout of hnr~r :Coninq Fi1f' *1363 ,r.:,n1,,,ry 11, 1 ')!lq t'2\11P 2 0f 4 _,, TllP ('xist inq rPsic1('ncc (•ncrotichPS il}l-roidn•atcly l~i' into the 0-75' Jak.'shr,rc sPthnck, t!.c• c->:ist:irq housP bPinq 60' frc,m th0 normal ,d1cr·~,line, with i'\ drck h<'ir:q ~,o• tn11n lhe shorc]in('. '!'he l,rOl,t)Sed ho\1,<P nt :ii'!'. c-Jt1sf'st 1.<,int is f-.'l' ftmn thl' sht>r<'l:i:..-:-, ,,.ith ,l df'ck area t-hat nvt'tagc::; n':,' frcrn the sht't01inP, '1'hp 1-n,p1sPd houi,p <'tinstruction result! Inn nPt dPcrrnap of stru~ture in thc north 0-75' ~one. 'fh(0 clj.}.1icantr; nrc ,,w..1r0 of th~' City cod0s 1Pquiri11q i-,lacc-mcnt of S l r \J (' t \H (' S , 0 i11 PP t l' f' (] \l j r f' (] Sf• t l·• <I CK S W h •" n 5 t il J' t i n q f i' 0 rn 5 C' I' l1 t Ch. ,!()W<''Vl'i·, thf'ir intt>nt 11, tP(JllP~\linq 'he li'!K<'shon· r,.f'tl,ack v,u·:iam•f' is i-c }rt·r.erve n 24'' cH,,r1t•t,··r n,,, <'nk lip,, ilt th,, S<'uth('.ist cnrnPr or tht' b,,u~~c. Movinq ~iH• 1rc,1-osrcl !,nus,, 10' b<1ck to f!ll"."Pt the requirPd n,·tb,,d:s w0uid 1ikPly :"r•su1t .in d, .. ,truction of that trr-P. 4. Gr,1dirg J...1.:'lr, :C:tc,ff 1,•que!'li•d ,, tl(•tai 1C'r! 1 n 1 r,s(•d qrndinq ~ 1lln r<'r t h i s i r o J.. i:, 1· t y , ti1 t' n <1 \, i t : , r 1 P v at i c;, n s 0 f n 1 1 s i cl<· s 0 f t h P h tHl s e> , to \'t•ri fy ho•.-v qrc1d0s wi 11 h 0• ch,,tHJPd. Th• nPw rr•s:if1.,,.ncC> will h<> much lnrqr>r :i:,,1 s1,re1:1d out P·,an t:h(• Pxislit,q smilll h,·us..,, 'rh1-ill~lljt•,ints are J..ro1-osinq to make somP qrade rhanqP~ nPar the housr nn~ in the dr i \'Cway area t.o nccornr1ocli1t.,~ thl'·it he-us!" layout. ':'hE:> ,hivf"way arf'u .,_-i] l he fi 1 led with l-5' of mntE-1 i.il in P1<1E>r tt, e\'l'l1 o:it the slop' c)f the clrivew;;iy, In the, south 0-7~' ;,onE-, the <.rac:inq consist11 0f fil]ino nbovt' the o:ds'inq ,{rive1,,,y as much c1s .,', t,q.e1·inq 0.0,,.•p to oriqi1'.al qrac1(' about 50' fiu:i. th<' ~,h<,rr•linP. 1n thP nurth n-7_,, 10ne, '.!w "l-}lit'-'1nts 0rr' ~.rc,~o,c::inq cuts cf i'l[.)rn:-;im,1lclv 1-2' sti'\ttinq about 45' f1cm the shore1in(' nnd w01kinq i:1•,a t!,P h:i 11. ''.'hrs inti>nt is t0 crP0tf' ,, wc11kcut 1Pve1. A l-<"t·tion of this 11·(•~osr,1 cut is ,1lr,~r1dy l· sc-rnPr• ,,r,•,1 of th0 r-~·ist ir,q h(>us,--, sc, th,' :ictu,,1 .>r·t,nn~ of clirt t(' ~e mnvt•d in thP r.<1t'th n--;::,, ?.c,n~i i~ t-•~ti11't1tf•d t,, :~t;1ff i,• bt~t"1..~·Pn ;~ <1nd 1 ()() cnbi i." y~~ ! d~. Th,_, 1.. 1 Fr,q i t~c-r hi"! s Pf.' r•·qur,!·.: t t d t ,, : ~•\ i ( "-th, ~ t < J 1,_)!.:r .. ,': q1 :·1,.~i PO <)('~ ,17\d ~ 1f~ CC'P!fi't'?lt~ ,ll\' t">.}''l'~ I;~.,;.,, ~f{t'i' {'1 11 il't ,r·,, 1u1,11,., \":t •,:11· i r·ci • Thi~ ff'-c~r\·c-1 f''l r1~ n~ t 1 f t }1 l1itr"'"inc1!c1y c•nt' t~~c.,i_(:f'r\·,,, i,'r \'1•,1:1· .. '1'!,,, i.~\ll ~ f'Y-•t t \~'(ltlf'St n,,t tl! t', 1·,t1t ti,, .. i 'r'(1t •·~ t \ i .r, 11r,i 11~1,.., \~ 1 t~,\r· •'i ,~,,1l~\1? r:,1k ·"1('lll-,1, 11, .. "'itt, ,l\'t•l,1(11~ \~·! )•~1 ♦ l 'l'l l .. 't,I 1 ,1t"'1 '" 'I ' 1 I \ ' t 1 1•' \ ·: builder. that tlle house 01~tionally ®Uld be· 101 aide yard setback line#,whichi' ,l =.:~:~~~i•, th.! ·requir&d: 75• .lake. setbacJt .. ,,,;J)Ue' ';.~.'.·.:.:..!,•,~,•.~.!.i ... co:~•-r,'e.t; .• ~,b• ho\111e •. , itie likely"t.he\tn• itf .. ·. , ,,.,,, . .,.,..,._ moving '.t.be house bebind:''t:he·"C•7s,r, : ;~j ... ..,.... ,, .. fofr 1 ••gradinfg,.hin,~he•.0-.7 1 s• s 1 one',;f J,·! ' ......... aa.n\ oor O ._ e,uOUSlllfL.• & reayy :., .-.xi11tin9, grad• in.,orc!er· to 1td.n,la.i11'e}:tbe , ,i · · .. :>,:,.,, ,,{'./\\::\\·<. '''ct::\}:",\1:<Y:~S\:t! '.(!~iiH1ion.and Citl">Council'have}~en a f~ Un<i ·aetback : zone!!>·,. to. cnaa.tE•i;,wa,l:k-· :J Wat@H 1 application .on Casco i'Oi~t;>'iUl.1 Whi.ch ' , :: .~le~ lli(ltVGre\tbaris:tbat"proposed :hen)t.,U /~ea . . Jj ul:'rwJ.r?::::' '.'.~~i::~:l trll \in4 li.lVant'Wlll ly waa ~ired to reatore to, . . . ... fi ii1!l:~o:nd ~i\'lllilBr td.tu4ti~n 1• t.he Waldron '(a.pplieation on Pagernua' ?::'ji ·tb.11'1 :Q:t'Cl'it•rt.:1 cwna:t,,vae denied the'.right. to cut down hia yard' "ii, ii'"' ,Q~uJll1t¢ti(al'flith tHU':illiilnary ~horeline!bank repairs, to create a'";;: J.J..;;'"'t:HJ.1: .. , 'i'b~. litlff1i~nca., it bet.ween tho•e requeats and .the 'current ·' $ diffe~<Mi llm'lgnitude of :the' propoaee cuts. Prom ,...,ii,\., .. ,..,,,1. i;t.e~int, the w.alk~ut cut sh.;;ulf.i have on.Ly or. qu~Z'!t.ity . of .run-off .. w~t•r enterin~r th~O lake. thlii to aac~at• :the revised ~iveway 11u1d the propoaed ddveway 9rachl!ls are ·rather r~tli!l'II aay incre<11u111e. '-'be d:d veway apron would appear to a. 10~ iiilop@ immediately atart:i.ng at the garage door. The whole ,,.·l!l.~<A•1;1'el a.~ef.Uillif iii tuation seo11 rat.ha~. questionable,. ..,.,..., ... .,.. on the location of the existing and proposed atructures. the ,H.,thi:.ck encroachment 111 reduced under the proposed plan, and no e:id.~ti1ag site lines an furUer restricted by construction of .ho1u,e. l.l~gm:d:ing hardcover, the numerical effect.a of tne major incr&tu!les of hard~ov~r on the property are somewhat diminished by the relative size of the propiu:t.y, but the steep 1iil0pe1 tend to make the hardcover increases more significant than on flat lots. Overall hardcover on the pro)?cU:-ty increa~eG fro~ 6,700 a.f. to about a,300 s.f. The amount of structural hardcover on t.he property is more than doubled. The increase in the 75- 250' 2one from 26.5\ to 391 ie slightly towards the high end of what has lly been approved on Baldur Park. The total proposed hardcover, as a percent of the total lot area in hardcover, is propv~~d at i6.8~, which is very typical of what baa oc~~rred on Baldur Park (see Exhibit L). cr•ate walk-out in t.h• o-1s• ~pplicntions which have recently·been ~~~•~1"4 thlii C:U;;,y, 4llthough the magnitude of• thia requeat. is reb.tively OOllip~~~d to ta~oae other cases. · 4. P):'e1ervadon of mature trees on this property might be con11d.de:r;m.'r · as a reasonable hardship, becauae those trees help to soften:the potential vertical harshnesa of this construction as viewed froa across the lake. 5. The proposed fill generally oc~uring in the 75-250' zone is apparently necessitated by the attem~t to raise the house, thereby eliminating a more aevere walk-out cut, but resulting in what could be a problem driveway situation. Retaining walls may be appropriate in some areas. The garage could be lowered a few feet to help the grading situation. Drainage must be directed down the lot lines and not on to neightoring propertiee. :,.,1 Commission is requested to either make a recommendation to the City Council or to give applicants direction to revise the request and br:ng back an alternative site plan. f ' i i l .,--_ .. ____ -,: . . . . [ . . pil .yt ~-el :--~ i i f i ~~ ~~ ~ ,:.;,--.:,,sa ..... .• \ \ . \ I l I t \. .~ I l~ I ~ ,~ ., ' ;) ~ . ~ 0--( 'I ~ l ,;: J; I ... \ . I ;.u I ,,,, / ,, ,.. / " / ,./ t r ~ / ,..".. t' 'I - i r lo I / / I' f ( I I~ I I f I ,-.J ~ I I I I ... I I .... f I I I•' / / I J-'O Cl .._ ,_,. C) •O-c:t- <)I/ / ~ r-t--1 '-I I I, t f I / , I / I I I I ' "':> ... 0-- / I I I I \ I I I I I I ----------.- ~ /i -~ ~ \, . ... ... ' ~ \ I I ) . , _: I I : \ ,. \ I • \ \ \ \ \ (G r"=-11"~ . Fl 'Af,_j; >;,' . .::-"~-----=-,.,,_,,..-::'.;'~~-. . _' :==-;;t, ~:;:::· ' I • I :t?. I I I \ .. , I ' ' .J r'1 I \ \ I .... ""' ~ \ \ t . I ~-I . I l I l I f. I I I ~ ~ ~ ~ rd ~ VI t t < ~ • YI ':t ~ '-!J ½ ......_ 0 ~ ':t: ~ ~ ~ ~ ~.i!i!G i,u,a flli2-D.D81al ~ . thlli! applic:tAnt if he had di11cussed this proposal with b:l.s neighbor•? . Hr. B'..iu111uar replied that he had and the 1u,ighbor to the t!::CUth•bad no objeet:.ions. Hr .. Schoenwetter explained that the aei~l':ibor to t.be run':'tb :b&d no opiniOrh mainly .because he was ••lllD'l;i Ms UOU@f$' and ~t'».9 ·.'to Y.1-Qrida. . . , . . ' . »-llOWG ~ri:tliid t.i".ard:: the •leap frogging• circUl'llstance was• . typically col\~o;J;l:'<14 w~r.1 x-eviewinq average lakeshore setbacks. Sb• queat:ioned llihtrt would happen to· the property cU.rectly north•• or Mr. ~U~l!lllrtt§., Gatfron d•;,iated tbe lakeshore setbacks for the propart;ioe -to th~ ;:.,,:,;;~th., X4lley okn1uu:ved that if one. were. to a.raw a line bet.Wt11iin tl1.e two hcu:'.!ies on the north to the south, it w<,nld ru;:;. ,;),lt s.nto th'3 l&kth 'l'be s11un:e would occur on the south sidli.. 'l'hia i:!ii -typical of properties located on point• or peaina·o.la.' Ilic, .-.t.i .illi thi111 pro~.rty. · · · •,, ' . . . !'her@ were no c~nts troa the public regarding this matter and the· public hfHil.r:l.ng wae clo1ed.. :.:t. weu, movt1Hi by Chairman J:elley., seconded by Planning Colllllliaaio~er Cohen, to ree0Ui:11end approv&l of application tl362, subject t.o abardoovc;r rctuuction of 417 a.f. from what.ever aource availabl.•, and to appa;ove the average lat:eshore setback. u1 defined. 'rhe hardahipa of th.if.I application would be the property · l-:>eing located on th.a point &nd the addition being 160' from the lak ore. Motion, Area•7, ~ays•O, Motion passed. 01363 ROGD Iii ~T :aD'RY 1~92 BI.LOOJl PAmt ~ VAJilIUC2S . i Plra~ ~IIIG ti::,2 P.H .. -8:55 P.K. . . . ~'l'he Affidavit of Publication and Certificate of Mailing were duly noted. · The applicants were present for this utter. A~ e)(t)lained by A~1istant Planning and·toning Mtdniatrator Gatiron, the Berry•a were ••eking variances in order to demolish an existing r••id•nce and rebuild. Currently the hardcover on tho property consists of a detached garage, as well as a driveway that continues uphill to the existing house. ~he proposal calls for a new residenCf!I with a porch, deck and attached garage. The drivewa:i' would rcain in the same area, but would become sl:i.g,.~ly st•eper. It is the intention of the Berry's to maintain the detached garag~. In order to access the new, attached garage, it will be necesaary to raise a portion of the yard by bringing in fill i., the south 0-75' :one. The Berry's are proposing a. walk- out which will require grading to be done within the no~th 0-75' zone. One of the reasons the Berry's preferred not to locate the house further back to meet the average setback, is to preserve a mature red oak tree. Gaffron said it would be necessary to make a 2' cut in order to achieve the walk-out. Planning Commissioner Bellows expre~sed her reservations of 8 ;:for t.he Be;~y•s,. p~fiUllent.ed :residE:nice, garage and t.h1s oak· ,,, ............ of what he w1u1S proposing to H~U'dlOD. did not.. believe the. site • ..... "'"""'"' wl·uit:h(:lr t.h• oak tree would survive the LwtdhlildeoaaultedaprofeHiona.lwho info~d t:r~® would band toward its root11,.. lumce. this tr@e to hav• it.lll main roots away from the area to be · · ~@ al.\Jo. had aD eatimat<li from a tree 1un:vice that v,~luoo. ~uch a .tree at $46400.00.. Planning Commiaaioner Jol-.nson ,,,..,,.,..,.n tiui'i::. any grading that occurred would threaten the oak . . aa::1.4 that the Planning ......... .,. ..... in making new atructurea Joitu:i::sc.m c011m~nted that Balaur Park Road was a unique $e~~d to consistently require variances. However, due £Cl"illl4! l:}urt tbe nerrya had to work with, he did not 1boul1Sbe·~ n&edfor variances. Tho:t:~ ,.1Gi1:-e no comlllents from the public regarding tbia utter ~nd the public hearing wa~ closed. · I·e wasf moved Planning Commissioner Cohen, seconded by Commissioner Moos, to table this item. Kelley provided somll'J dirlll¢tio.n for the applicants. The l? lanning Cotmni1Hion did not want to see at.y hardcover or cut.ting and filling on th1111 north side in the a-75'. Within the 0-75 1 :i:one on the south side the attached garage must be offset by removal of the d*tached Mr. A~nr~~~na hi~ desire to build a three-car garage garage had to he removed. Within the 75-250' zone it was the concensue of the Plarmincr Commission not to allow more than JOI hardcover. They also wanted the applicants to adhere to the lakeshore setback. Bellows informed th~ applicants that iance with the Planning Commission's req,,est.s would cau:!'ll!t a substantial reduction in the si111e of the house. Kelley that a footprint be drawn prior to an actual house The applicant questioned the Planning Co~.mission's opinion the walk-out. Kelley stated that they would not allow a walk-out to be cut on the north side if it required grading in the 0-75' 2:one. The natural contours of the property must rEUna:in. Motion, , Nays•O, Motio11 passed. 9 :fcaff !tJi!J' oacwo . , . )IC!f"lCS C. ~ miOiISSJ:08 AC'nCIU :-, •' ( ,• ;:P.O. Box 6<5 · C:tystill Bay, MN Date of Notice: 1/24/89 Roger&. Seek:, B'iirry 1392 Baldu:r Park Road Way2:ata, 2ffl · · 5!>391 COIPIU mi Rod Lund Woodrid9e Corporation 10600 !.yndale AVG s, St 234 Bloomington, MN 55420 ,, --------·------------------------... --.. -----------.. -----...... ----------.--------------- .----------~-~---------------------~-----~ ... ~~-------.... -----~----~----------l/17/89 .VOl'Jh 1 Por O Against Planning ~~iou ~d• tile followia9: ~abl•d·for reasons noted ~low liO'DS MrD Qlie:.UX. COiml'.f"J:OilS: Tabled to allow applicant& opportunity to revise proposal. General direct.ion.given to applicants by·Planning·Commission: l. Northerly 0-75' zon~: a) Elil'llinate all hardcover. b) No out/fill/grading except as necessary to restore old basfltNnt excavation to blend with existing grades. 2. Southerly 0•75 1 Zone: a) Reduce or eliminate hardcover asaociated with detached garaqe. Consider replacing detached garage with attached 3-atall garage. 3. 75-250' Zone: a) Meet average setback if possible. b) Limit hardcover to 301 (4,650 s.f.) in 75-250' zone. Applic&nts 1 next scheduled meeting is dependent upon receipt of revised proposal. Deadline for the Tuesday, February 21, 1989 meeting is Monday, February 13, 1989 or March 13, 1989 for the March 20, 1989 meeting. In all cases, the application must be continued with the submittal of requested information within 90 days or the City will consider tho application a~ for"!ally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you de~ire certified copies of the official Planning Commisaion minutes, they are avai ll\hle from thl':' City Recorde-r after revi_..w nnd approval by the Pll'lnning Commisaio.1. Orono Comprehensive Plan: Review Re: Lakeshore Alterations The 1980 City of Orono Community Management Plan ("Comprehensive Plan") contains a number of general land use and environmental protection goals and policies with which the proposed land alteration would be inconsistent. Specifically, General Land Use Policy No. 6 on page 4-13 indicates that "lake shorelines will be protected from alteration. Shoreland areas, whether bluff, beach or flood plain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear cutting will be prohibited ... ". In General Land Use Policy No. 13, the Comprehensive Plan states "future developments must enhance the environment. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always producing more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density." The Environmental Protection Goals on page 3-20 include the following: "Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear cutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged." The City has on numerous past occasions relied on these and other principles contained within the . Comprehensive Plan, to deny land alteration conditional use permits and specifically, variances for grading within the 0-75' lakeshore setback zone, in cases where excavation and lowering of the natural lakeshore grades was proposed in order to, for instance, allow the creation of a walkout residence. The City has long taken the position that such excavations create an artificial and unnatural lakeshore appearance. L LAND USE JUNE, 1980 3. 4. 5. 6. DEVELOPMENT DENSITY WILL BE LIMITED THROUGHOUT THE CITY TO A LEVEL WHICH WILL NOT OVERLOAD THE NATURAL SURFACE WATER DRAINAGE AND FILTRATION SYSTEM. Urbanization increases the speed and quantity of surface runoff while decreasing the water quality. Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. Wetlands, drainageways and floodplains will be protected from encroachment and from alteration or destruction by filling, grading, excavation or drainage. Wherever possible, the City will acquire open space and flowage ease- ments for conservation of these lands. PROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT. In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, Orono will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Shoreland areas, whether bluff, beach or floodplain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reason- able in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear- cutting will be prohibited. In areas of soil or wave action erosion, material stone rip rap shoreline protection will be encouraged. CMP 4-13 --- LAND USE 13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always produces more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. JUNE, 1980 14. PHYSICAL IMPROVEMENTS REQUIRED TO ACCOMMODATE NEW DEVELOPMENT MUST BE PROVIDED BY THE DEVELOPER. Whenever required, improvements must be provided by the developer. Because the City has limited staff and limited bonding potential, physical improvements such as roads, drainage and utilities required to accommodate new subdivisions or development should be designed, financed and installed directly by the benefited developer as a precondition to increased land use density. In addition, this philosophy includes developer responsibility for special fire protection equipment or devices in the case of unusual land uses or building configura- tions, and/or special security services in the case of unusual public safety situations. 15. ALL PHYSICAL IMPROVEMENTS MUST CONFORM TO CITY STANDARDS. Physical improvements related to health, safety or community systems such as roads, pathways, drainage or utility systems will be designed, located and constructed to uniform, City- established standards to ensure proper functioning and compatibility with overall City plans. 16. DEVELOPERS MUST DEDICATE LANDS REQUIRED FOR PUBLIC USE. Land subdivision or any development that results in increased land use density, and hence increased demand for municipal services, will be expected to include public dedication of lands necessary for additional road rights of way, parks, playgrounds, open space, ponds or storm water holding areas whenever such facilities are directly used by the subdivided land or required by su~h density increase. CMP 4-15 ENVIRONMENT JUNE, 1980 6. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. The Harza Study, the 208 water Quality Management Study, and Orono's Surface water Management Plan all recommend this approach to permanent water quality management for Lake Minnetonka. In addition, the Orono Plan goes on to identify individual wetlands and marshlands that require protection as part of the City's storm water management program. It is th~ policy of this plan to effectuate the policies and recommen- dations of the 1974 Orono Surface Water Management Plan. 7. PROTECTION OF THE CITY'S MARSHLAND, WETLANDS AND DRAINAGEWAYS SHALL INCLUDE PROTECTION OF ADJOINING LANDS AND PREVENTION OF DRAINAGE, FILLING, DREDGING OR WETLAND'S VEGETATION REMOVAL. Ordinances will establish setbacks for all land alteration or construction. Wherever possible, the City will acquire open space and flowage easements for conservation of these lands. 8. PROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT. In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, the City will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. 9. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged. 10. LAKE BED ALTERATIONS WILL BE DISCOURAGED BECAUSE OF ADVERSE SHORT-TERM AND LONG-TERM EFFECTS ON WATER QUALITY. Dredging of lake beds releases large amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of time. Dredging of new channels or inlets will not be approved to provide riparian access where none existed naturally. Dredging wilL be permitted in limited circumstances only where absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the control of the landowner. Periodic low water conditions or the owner's desire for deeper draft watercraft are not sufficient reasons for disrupting sensitive lake beds. CMP 3-20 l ,. . .. .-ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (Kirk Otteson, continued) Lindquist stated if the property is over the hardcover limit, a restriction should be placed against the property restricting further hardcover. Hawn noted agreement. Stoddard amended his motion by adding the stipulation th .at no additional hardcover will be allowed ori this property. · · · · Shirley Wickman stated the Planning Commission is inconsistent in their applying of hardcover restrictions and perhaps should consider adopting a blanket policy to handle future hardcover requests. Stoddard rioted the Planning Commission and City Council have held a joint meeting to discuss hardcover requests, and the concensus was to be more conservative in granting variances to hardcover. · Chair Smith commented some hardship aspects of the property warrant additional discussion and review by the Planning Commission . Overall the Planning Commission is trying to honor the existing codes on the books and to be as consistent as possible . Chair Smith said it is the Planning Commission's intent to put those property owners on notice who have exceeded the hardcover limit by restricting additional hardcover. Otteson stated he understands the stipulation . Hawn moved, Lindquist 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 in the combined 75'-250' and south 0-75' zones. The Applicants were also requested to submit a revised 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 O'-75' zone to blend contours from old foundation to new home . The grading plan needs to be furthe r defined if revisions are still planned along the north O'-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 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg, Lili McMillan; Charles Schroeder was absent. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE -VARIANCES, 6:35 p.m. -6:55 p.m. Mr. and Mrs. Kirk Otteson were present. Van Zomeren stated this application was considered at the June 15, 1998 meeting and was tabled to allow the Applicants time to submit revised plans that propose to add an addition to the existing residence. The Applicants are proposing to add a second floor to the existing residence which requires variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250' range. The proposed structure meets all the required height requirements and does not impact significantly on the bluff line. Van Zomeren noted the existing hardcover is 24.15 percent, with the allowed hardcover being 32.19 percent. The Applicants had proposed eliminating the sidewalk and a portion of the driveway turnaround to reduce hardcover, but due to safety concerns, Staff recommends the sidewalk and the driveway turnaround be allowed to remain. Chair Smith inquired what the proposed hardcover was for the first plan calling for an addition to the house. Van Zomeren stated the first plan called for hardcover of 29.4 percent. Chair Smith noted the hardcover under the revised plan is 27 percent. There were no public comments. Stoddard moved, Lindquist seconded, to approve Application #2368 allowing a second floor to be added to the existing residence located at 710 North Arm Drive and to grant variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250' setback. NO VOTE TAKEN. Chair Smith inquired of the Planning Commission whether they would like to consider adding a stipulation to the motion restricting further hardcover. Stoddard replied he would like that item to be discussed as a group before a decision is made concerning this property. Page 1 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. Mark Versig, neighbor, 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 PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 SCHEDULED PUBLIC HEARINGS (#3) #2388 W. WYATT MOE, 1220 LOMA LINDA AVENUE AND 1230 SPRUCE PLACE - VACATION, 7:13 p.m. -7:18 p.m. Mr. and Mrs. Moe were present. Gaffron stated the Applicants are requesting that the City vacate a portion of Portland Place lying between Blocks 1 and 2 of Saga Hill Revised. Gaffron gave a brief history regarding the prior attempts at vacating a portion of Portland Place, noting that the title examiner has questioned the validity of the 1979 vacation since no documentation was found that a public hearing was held prior to the vacation. Staff recommends approval of the vacation for that· portion of Portland Place from the north end of the Udell's lot down to the south side of the Moe property, Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated. The Applicants had no comment. There were no public comments. McMillan moved, Smith seconded, to approve Application #2388, granting the vacation of Portland Place located between Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated and to grant any other utility easements if determined necessary by the utility companies. City Council is to determine whether a refund of the vacation fee is warranted. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#4) #2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH -CONDITIONAL USE PERMIT (#5) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT (#6) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH -CONDITIONAL USE PERMIT (#7) #2387 BUSSE CONSTRUCTION ON BEHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE - CONDITIONAL USE PERMIT, 7:18 p.m. -7:25 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Van Zomeren stated these applications deal with the request by Busse Construction to haul in fill on these properties which requires a conditional use permit. Busse Construction is currently working on the County Road 6 project for Hennepin County. City Staff recommends approval of the conditional use permits subject to septic testing before any fill is filled in and subject to properly installing vegetation at the time the land alteration is completed. Page 4 e~~ ..._ '\1~$111~ -~IN G w'-nt_ 0 1 )4 _,.~~ ~ ~~~ .N~-~ () -=-f~o f~CISAL ~ ~ -~, M 11(/}N t '-- /4Pft12-I ' ~ fo?-e>fosGC:::.. I ,Jo ~A_~D ) r .j ,, /Jt;- ; ~~I FH]t1E t1D. SHARRAIT llESIGN COMPANY VIA ·····"'··-····"'" .. ,w .. rn-r·-----D-E_S_C_R_IP_T_IO_N __ ... . ...... --TRANSMITTED --............ , .............. ,, ...... -··-----------·---·-··""······ .. "•"-·-.. -.------------------ ~-····· ... USPS r, ____ DESIGN SKETCHES ____ AS R/1QUES11!D •. , .... -... ~~ FAX 1~.-(),t$'/~ ___ PRINT S/'!TS ____ REVIEW & COMMEN'l' ___ COUR/lZR .......... ,,··--ORIGINAL TRACINGS ____ RE\!JEW & APPROVAL --~ DIWPIPICK-UP ____ SPEC/FJCATIONS .. ~ .... REFEIWNC'E ~--.. -· .. ·· .. ···AIR ____ SIIOP DRAW/NOS ..... ··~--RECORD -~-OVERNIGHT ___ SAMPLES ___ PRINTING _______ _)£_. ~ ,#..C.~_ -.. -.... - ITEMS TRANSMITTAL._ ............ ~ . ., •. ,,./ .... ,, .... ~·~-·-~· DRAWINGS/SET LETTER NOTES/MEMO ·-··-···-·····""."' ............. , ................. ,, .... ,.., ..... ,. .. "' ___ ........ ,, .............. __ ~-- TOTAL SHEETS 7'1;;. --------~-~-~ ............... ~ .. ~········ ........... -... , .• ,. ..... , ... , ........................... ,,, ....... ,,. NOT[;$ /f,-1 / ~ : ---- 17~ ~ r ,:;5'w.e,.~~ A;,t,r~ ~~ 7Z' 72' ~ ~~7'17M-~~ 7'Z' P A-'Y, ~~~v J/V/rh'f::Ju,;r-,,/1,,4· y ..d'.. /l_,-_,.~_IJ y?Jr"/ ~ / ,:$ r-J ~ Ir V 44A-#.1~. ~ ~~A_/ ~/2'--Y#M..e.. 77./4o/E /rv'S /~ .COPY.. ,,./?i~ .... -........ . ·--~--... , .. ,,,_,., ... ~~------------------ . .......... -...................... __ ......... _ ....... , .... _____ _ ... ~ ............ , .. ~··~·--·~. ~-------~----., .......... """"-··---·------ BY -~,... ~·---~--~----~-----~-----··-·"·· .. ·•· .. ·'"""·-·"·· --·~ .. --... ~-- 5590 WOODSI/JB LANE SHOREWOOD, MINNESOTA. 5S331 ·~--'-.--------·-...... ,,., .. 6121470.9750 FAX 6121470./J407 E-MAIL SDES/GN@AOL.COM This commun/oatlon may contain conffdsntla/ information. Any use of th0 Information contained within this document without thB permission of rhe lntBnd8d rBolplent Is prohibited. ff reoelved In 8rror plmwe destroy. Thank you. SHARRATT DESIGN COMPANY MEETING MEMO TELEPHONE MEMO Date: ~fa~ _A....:...ctt_en_d_in-"'--g _____ _ Initials Company Project: c:P ~G /fyt/1 ------------ Subject: ~ Ut/t2,:2-- Discussion By Information/Decision ... . --~ -- ~fl:$,6 ~~ ?ft?ll'P ~~ti!!:- Action By .QaJfl , x --u:; ~IIO l,4C,, G'.7~ ~ 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 E-mail: SDesignC @ AOL ON CERTIFICATE OF SURVEY FOR GARY O'KEEFE OF LOTS 17 AND 18, BLOCK 1, BALDUR PARK . HENNEPIN COUNTY, MINNESOTA --. - . I ' ·- ' \ I -✓ ,, I -, ",.;-I -_1 ' ~ ...___ I I-~,.!. -./ _ -..,.,r I , I ·--c. -I ,_,___ I I -.,~ -'( ,__ -~ ,r -I, ' ' 1 1 lJ "j r I -I . ~, ) ' . .Jr,/ .• .t, ; . ......_ -~ ~WALK I "'v \ ·/ ' / -_ ' ~ ,~:-. "•f--\ ·, I ~ __ /I --_ 7-., -,- , I ' ' / ·-• I . ~-/~" -9~-~ ... ~ .>,~- ·:, ~ i.lt.''~l.e.. I ----V, ' "I'. • ~,_J_ 1.;.qlr(' ', LEGAL DESCRIPTION OF PREMISES: lots i7 and 18, Block 1, Baldur Pork lhis s11rvey intends to show the boundaries of the obove described property, G·"•d the location of on existing house, garage, wd oli oti1r, visible "hardcover" thereon. It does not purport to show ony other improvements · or encroachments. ~-1~~ -- . ,:: ' \ / ¼~ . ~ro~ 1/r,1 I ' "'~ ~J.7.- ~J., -. --,.,,,_ -: t: ,,,,ro,/t: <:,,...,,.,,,,,,._ --lfij}--; /,l/1/t,fUJ Ct,,.,,TPUA. o Denotes iron marker Bearings shown ore based upon an assumed datum Datum: Mean sea level ~ ~"74-o I' ~ I 0-75 FT. ZONE AREA: 16570+-s. F.-:75301$~/T,Vi!,.,.,J/~814(/fft.,JT.fDVT# > 75 FT. ZONE AREA: 15190+-S. F. -/ () "+-a /Z-t'A:'O ---771° /$"/qt.:,. z.,~ 40t::J~ S:l!E" OAT£ DESCRPT~ (-2'1·'1/> ,:,,~,,,.,H, /.A',.,,~,-·,, /,<e,,4/'e,r~ t,) ,,;,,,,,.__.c;. 7,-7 /6 ,;:,,::-11. ~ x--Z'GZ COFFIN & GRONBERG. INC. ~ TNG ENGN:ERS, LA~ SIBVEYORS, SITE PLANNERS .. ~2 TAMARACK A VDU:, LONG LAKE, ~-55356 612-473-41-41 ,;,; 7~ 9,r. ..4-1 ""'-'JC , /-,'-~~~ I HEREBY CERTfrY THJ.. l THis Pl AP-/, SPECf'ICA TION, OR REPORT SCALE 1"=30 WAS PREPARED BY U£ OR u-oER MY DRECT Sl.PERVISK)N loJC THAT I All A DU.. Y LICENSED PROfTSSIONAl ENGUEER LNJER lH[ LAWS or lH[ STAH or LCINNESOlA. D~TE 4/27/9, _?:1---_ '_/~~I JOE NO. DATE r-z-1-,r .,.. LICENSE NU.!B[R ,1:!,7.55 9816€ Water- 929-6 .. .. -... ) : ; . . .. /59,000 N ~ ·i O· lt· ··- . -.. \ 0· 934 .4 X ( <:} . . . 0 "\."' ~-o'\. I 1 I f I I I I \ \ ~ -. ,,, '•j,\ & \ \ ,,1-,-,. ---....... ......,., __, ---...,, ' ·\ 1, \ \ I _.,_ P.,A--f:tP ~d~F, ~.,£,, Y~*,1) I. ~1"?11-J r;.'4-~'=, ry : I ~~~. ~ .A-~j,f. -v{P ~p k.:::e . _) I s -~-~- __ ,..,._., ~~~E---~lS--'2.-~~ -wA1A,.. &x-r,) __ ,z,._. ~~J:i:::JJ::~-~~ 6'LP'[ µ~,. ------------ __ .;,, v----_e, -~!±'~e (<-t?v'F-,, 4::. -~~ __ -~~--F~~--F~~ -- _ ---~~J,:;::,. P ~NS lt? ,-.,'?'. " I I I I I f --'- -, ---- ~ z_l -pl/ I -I ..._ I ,, ~1/ 't/ I D ... • II ~ -1 ~j -j t -70'-tt?'' _, I l ; i --~ ' .... 11 \11 --1 / --~/. . .. . :..e~ ""'P!'C,= .;"~. ~=~ . . l ,:, 1-------l =--' '~ft"~:~7::'.'_ --~~·--./A-ct .. .. . . .•... . .. . . . l 4~_ / ( ::-i L 1 U,\L h. LU N t : (LWCL E O NE) .. -. :·' ....... , .. , .. , EXISTl?',;G HARDCOVER IN zo:--.'E .-\. House . ______ x L~ngm .. B. Garage · • zv./ .......... "" .. ~...... . . ,, . -. ··, -. . . . . ' ..... . .. : " ··-· :· .. cq~:?~1-~-->;~~ 11°.~tJ · ·. D. Sidewalk CtJV<'. fY"-0,v E. Patio/Deck ·-.... .:. ... ,,t, •. -.•, ...... ~~-: : •• ... F. ~ands~ape ........ ·. ·:.:o nderrain-- By Plastic Qr i=~qric . ' ..... , .... _,., ' ~-~-" G-. Ocher ,,f ~ ~. t'lt J' . - X X X X X X 2'-f,/ X X X . x ' x _ . ·X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE '/5-25 0 ' Width -· 25 0 -5 00' 500-1000' ' l (· /·· l- = = = = = = = ·= = = ... fi-;_7-?R ______ S.F . ______ S.F. ------S.F. I ______ S.F. __ ..r..l.....;..l....=3 __ S.F. /'1·70 stt,· /03 o .. sy ... IJ"T .. ···-.:. I f-lU--. 9 6 S.F . S.F. ------ ______ S.F. ~-~~--.s '._F .. : . 2 . S.F.. -~~----'-----'-- S.F; -------1., ., ______ S.F. /JS S.F. ;t..~ '" z sir:+ 1030 ::= 73 ¥6"" S.F. A B A· 11'(6' B g 7 l.j O x I 00 = ?7Lto S.F. Jtf, Z? % PROPOSED HARDCOVER IN ZONE · .. ··---.. A. -House •··:----...... •-· .. :c ... --= _· B .. · .. dar~ge .~G.:.., .. ,pri_~·e .'-':'9.Y __ .:· ..... o ·;--·_s-id.ev,,-a:l k ... ·· ·:·E ,' "Pat ib/Deck '. E Landscape Underlain By Plastic ... ~ ...... Of Fa12.ri.~--- G . Other .. , ... ··-·-·· ... ......... Length ~---- ·--••"•· totAL HARDCOV , TOT.A.L f'.P.-9}:'_E_~T.Y ~!='.A 1 x- X X · X X B Width ,,.,.~ ) - X 100 ' }jje,/~ .. A .... . ~, ·---~~···· ...... ~:--...... ·· .. ·:: .... •. -~---. ~-(~4~---· •• M .. M••·· ....... ,.Mo Oho• ➔ = = ···S.F.· ------ ______ S.F. --s~·F ;-______ S.F . ------ ----'---S.F . S.F ... .~~~-....,,,.---,. ·_ s.F .... ------ S.F.· ------S.F. ------ S.F. ------ ------'---S.F . _____ S.F. S.F: I , _____ _ ,;------S.F . 11, ------~•F.~ •"s,F ..... A ------S.F. B -------% Coftin & Gronberg, Inc • 482 Tamarack Ave. • · -· ......... ---Long Lake, MN 55356 · .-....... . - --· -~ ; )._.., J. ,_ __,." \ J , SETBACK ZONE: (CIRCLE ONE) @v /4,ldrt 1// EXIST[';G HARDCOVER IN ZO~'E A. House . 26, S x ···• ··· ···· · ...... · · L~ngth ................ "• , .. .. B. Garage · C; Driveway .. D. Sidewalk ........ E·:· Pati~-1.fri~J· .. ·"t·:, 'L:indscapit L1 !1.9.~.r.l ai.'} .. By Plastic Or Fabric. G. Other X X .x X X X X X X X X X X X · · · ...... TOTAL HARDCOVER IN ZONE .. ; .. , ...... TQTAL-·PROPERTY·AREA IN ZONE 75-250' /5. 6 \\'idlh A · 6 (6' . B 7,? ? o PROPOSED HA.RDCOVER IN ZONE .... A ... House. ______ x L~ngth B. Gara.ge C. Driveway D. Sidewalk E', Patio/Deck -F:·· .... Landscape ...... _____ _ · Underlain. By Plastic ··Or Fabric G. Other . X X .. X x. X X X X X X ·x X· X X TOT AL HARDCOVER IN ZONE TOTAL PR:OPERTY AREA IN ZONE Width • ,._.) A ,f, ;, __ ,_1_, J._ ~• ,·, . I v ll (' (· )' ( 250-500' 500-1000' = = = = = = = = = = = = = = X ]00 = = ·= = = = = = = = = = _ _:l.f_l_,,.]c___ S.F. . S.F: -----= S.F·., ------______ S.F .. ,, . ------S.F. ______ S.F. .. S.F .... ------ ______ S.F; -~----S.F. // I S.F. ______ S.F. /o Z S.F. . .. s.F. ------·s.i=. ______ S.F. · · b"<f C ·s:F: ·· .. A· 733 0 -·-s.F. B. ?, 76 % ______ s.F: ______ S.F. ______ S.F. ______ S.F.· ______ S.F. ____ ....__ S.F. """""~-~-_.S,F .. ______ S.F. S.F. ------ -----'--S.F. · S:F ... -----. .. S.F:-I -----'-- ------S.F. ,,. -'------S.F. •"s.F.··· A ------------S.F. B A ___,,._,..,..,,,.,,~--+ B ----~ X 100 = % ----......-- 14 coffin & Gronblfl, lac. · · · 482 Tamarack Ave. : · ·· · · ,, l_ake, MN 55356 HAKULUVr.,1{ LALLuLA~.1 ~\'UlU\.~l-U .. .t-1 S'i::TBACK ZONE: (CIRCLE ONE) 0-75' 75-250) 250-500' --- i.rAJ. ;✓ .-, ,, • c.,, kffF( 500-1000' t'-(, 7· 'Jp ·······£:XISTI?','·G-HARDCOVER IN ZO:--C'E A. House. 2o.5 x . ··· -. L~rigth .... .. ~,. .. . . .... -----'------- . , ...... ..a.. . Garage .. : .. .-.2~ ... ,( C. Driveway J,t/y'~ l"f· GA,Ut-f D. Slde\valk , ... " •· .. '-"· -----"----- . Ct?vr, .J.T£-"P. .{". t> COVr, W.,,((.L E.~Deck · ..... · · · l?./~. t1rft'--'rr ..... · r ..... 1>"""".t __ _ F. Landscape /'1 C ,(,t AC C Underlain 6'7 l(dt:.f( By Plastic Or Fabric G. Other X X -x . .. X .. X ·x X .x X X X X . X X . .TOTAL HARPCOVER IN ZONE TOTAL PROPERTY.AREA IN ZONE 2€ = Width = = I 1-s = = = = = = = = = ........ A·.... . .. '" . 't't.2.o. .. ,,, .,;-. B •·· /S;11'10 x 100 = ....• PROPOSED HARDCOVER fN ZONE ... A, House _____ x L~ngth r, D . . .... . -~· ....... \.!.,·;-···--nv·eway· __ .. _ .. _ .. _ .... _ ... __ D. Sidewalk ... J;.1 .. P~tio/Q~c;;k F. Landscape .. ···-~: .... Underfaln' By Plastic oTi:abrfo .. ·-···G':· ·Other· ·· : ... ----- -X X x_ X X X X X X X X x .... TOT AL HARDCOVER IN ZONE· TOTAL 'PROPERTY AREA IN ZONE Width A· _____ B _____ X 100 14 ff-.£.. ·= = = = = = :::; = = = ,,---=6_..,,.l'-'JL--..._ S.F. ~-----S.F. -----S.F·. I _____ ···-S:F. 'I• ~...;;..;:1/_:...· -"'--7.;._0-'--'-'-.... S.E ...... ZJJ:O S.F. 2c)CJ ··s.F;"· /CIO S.F,· 28" S.F; 2../ 92. S.f .. CJS S.F. "i/S S.F. 260 S.F. _____ ·s.F. _____ S.F. l./1/2 0 S.F. A /5./90 S.F. B .z "~ /0 ···-·% _____ S.F. _____ S.F.· _____ S.F. ....;.___..;;:.c-=-.;...;.._.;.--'--S.F. -· ______ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. -----'--S.F. S.F. --==----'--_____ S.F: 1 ;;:.;.;:_ ___ __;;,--·.S. 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'f:001= Bt-tti:r: ___ · f<k;?r ftt:l:H-r at- ___ · 5u&. tatflrL OE-~li:-- Ot; a~a al-: .CJbop. oruvrt-w /I w. 5f-.r'15Nac: ___ · -r: l'etz..Got.-"'=Tt~ ~~ ¥'Mio ___ . tc.:>t:"AL. 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 Action By ~JO$S: cSF: _ ~+o ~, S:C$'" Sr E-mail: SDesignC @ AOL -·· ✓--.. , -.: SHARRA1T DESIGN COMPANY Date: (o} ~ l l'f (ib Proiect: 0 1 k-EE.?1=- Subiect: ~~- Discussion By Information/Decision Attending ___ . 1-;;or BLlr+t: ___ . E;?Q:r ft'Z:tH::r: ---· :f:Oo :r: BYt+r: ___ · f:tr?r ftt.\:H.r 01- ___ · 5ut> tct11..t r: MEETING MEMO Initials Company ____ • ;-PE.tt;.2 , ••rite ➔fl p~.,_ ¥'-=no ---· t~rAt -- 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 TELEPHONE MEMO Action By Date -- 9-: ----~=-'-1-'-~..J..__L+o~-:._:~==-F1------------------ &F -~------Jccq_ lfJd «5iie. 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Action Discussion By Information/Decision By .Qm ----~-e--------------------------F'P"~ ___ -98-b:::o~ ~DB-:. e-ev&;;u,,..J '1/~t~ ___ . ra2r B?u+r: ___ . a,or flliH:r ___ • :fOo -r BYt+t: ___ · f-o,?r fttl:H.r o,=- ___ · <-;ut!:. j:,i)tflrL ___ · -t: FEf2.<.ot-,A,flt-4:4 P~II\-¥"A-tlo ---· j:<.:>t,ad -- 5590 Woodside Lane Shorewood, Minnesota 55331 470-9750 Fax 470-8407 - Q:---~L 4-~ ~f: ------- SF q_ Pd 4>F. ____ _ SF: J_-pt,_ 5ff'. ----------__ · ------- SI? ----~~, ....::.....'5___._J4_q. ~~ J.='JLt~ " --~"~---~----·-"',o$s: SF:. :.a+o _____ !71-q, ~z.. ~ ♦ bf-£. t~?:.- -----~~----------------------------.. --... -·••So·-----·-······ - I ------f-------·---·-···-·· --··-·-----·---·····-·-~ I s:o S" SF-! ______ _ t;v(o £-mail: SDesignC @ AOL ✓---, -~ ., ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (114 -112383 Christine and Gary Valerius -Continued) \\ill 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 will require standard drainage and wetland easements. Council had directed that the new lot could be sewered . An application has been made to the Watershed District for stommater review . . . . . . . . . . . . . . . Van Zcimeren stated the existing access to the site is a privat~ drivc,,·ay off of Bayside Road. The applicant needs to supply a well location map and a utility constniction 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 . Yan 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 Zomercn noted only Lot 2 ,,·ould 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 permit for grading within five feet of a lot line and within the 0-75' lakeshore protected area to permit 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 ,valkout, with some proposed changes to the driveway to reduce the hardcover. 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 25%. 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 ,vould be around 33%. In order to grant a variance, the Planning Commission must detcm1ine ,,hether a hardship exists with regard to the side setbacks. ➔ ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (#2 -#2368 Kirk Otteson -Continued) Upon inquiry from McMillan, Van Zomeren noted that the City Engineer has not reviewed this property nor made any calculations on how the drainage would be impacted if this addition was built. Stoddard stated the City Engineer may need to review this property to ensure that the drainage concerns are adequately addressed. Otteson stated he would be willing to reduce the current hardcover by possibly removing the deck on the lake side and \vould prefer living space to a deck. The applicant stated he would like to stay away from the bluff line as much as possible, noting that he has attempted to comply with the Planning Commission's requests. He questioned the top of the bluff line since the area under discussion was very flat. Van Zomeren confirmed that the top of bluff was determined by a surveyor. McMillan stated she also is concerned about setting a precedent with the bluff ordinance if this application is approved as submitted. Chair Smith suggested tabling the matter until later in the meeting to allow the applicant more timeto consider the various options open to them. Hawn stated she would like to see hardcover stay the same or be reduced. no encroachment into the bluff, and enclosure of the back deck. Hawn commented the new entryway is fine·, with the proposed addition not extending beyond the red line. Lindquist stated he would be in favor of extension to the red line unless the bluff line changes. McMillan noted agreement with Lindquist. Otteson stated he would be willing to comply ,vith the red line and would submit revised drawings. Van Zomeren noted the proposed hardcover is at 29%, and recommended tabling the matter to allow City Staff time to review the revised drawings. Lindquist moved, Smith seconded, to table Application 2368 to the July 20th Planning Commission meeting based on City Staff recommendation. VOTE: Ayes 6, Nays 0. (Agenda Item #3 follows Item #4.) SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD -PRELIMINARY CLASS II SUBDIVISION, 7:40 p.m. -7:51 p.m. Christine and Gary Valerius were present. Van Zomeren stated the preliminary sketch plan has been reviewed by the Planning Commission at their May meeting and City Council at its May 26, 1998 meeting. The applicants arc proposing a two lot division that includes creating one new lot. A small portion of the parcel is located in the RR-IA zoning district, with the remainder lying within the LR-IA zoning district. Van Zomcrcn noted the total lot area for Lot 1 consists of 2.23 acres, ,vith 1.38 acres being buildablc. The newly created Lot I 3 ORONO PLANNING COMMISSION l\lEETING MINUTES FOR JUNE 15, 1998 (#3 -#2370 Gary O'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 o,,n 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 review 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 detem1ination on a variance and conditional use permit. O'Keefe 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 would be willing to reduce hardcover in the 75-250' zones, O'Keefe stated he would 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'Keefe'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 wished to comment on this application. Diann Goetten, City Council Representative, inquired why 40% hardcover was 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. Ha,,n stated she would like hardcover to be reduced from 40%, noting that no vote \Yas taken on 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE ts. 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 driveway design based on elevations, not because of a large house. Lindquist suggested the desirable amount ofhardeover in his view would be 5731 square feet, or 25 percent of the area within 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 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 hardcover 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 LAWAYNE YAEGER, 310 BIG ISLAND-VARIANCES, 9:05 -9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Yaeger and their attorney, Win Curtis, were present. Gaffron stated the applicants are requesting a lot area/width variance and City designation of Lot 64 as an independent Record Lot in the RS District, and lakeshore setback. side setback and hardcover variances for constmction of a new seasonal cabin to replace a pre-existing seasonal cabin, and a side setback variance for a gazebo. Gaffron noted the City rezoned Big Island from LR-lA-l Single Family Lakcshore Residential Subdistrict to RS, Seasonal Recreational, back in l 983. Lots 64-65 and Lots 8-9-I 0-11 were designated as Record Lot 15 by virtue of their common 0\\11ership by Roy Ahem. Yacgers have subsequently purchased Lot 64 from Ahem, with Lots 8-9-I 0-11-65 being o,med by Nancy Fames. 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE JS, 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 ,vithin the height restrictions for that zoning district. O'Keefe noted that hardcover was excessive because of the driveway 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 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 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%1 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 are the same for both remodeling and ne,Y construction. 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 YAEGER, 310 BIG ISLAND -VARIANCES, 9:05 -9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Yaeger and their attorney, Win Curtis, were present. Gaffron stated the applicants are requesting a lot area/\\·idth variance and City designation of Lot 64 as an independent Record Lot in the RS District, and lakeshore setback. side setback and hardcover variances for constmction of a new seasonal cabin to replace a pre-existing seasonal cabin, and a side setback variance for a gazebo. Gaffron noted the City rezoned Big Island from LR-IA-I Single Family Lakcshore Residential Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-l 0-11 were designated as Record Lot 15 by virtue of their common O\\Tiership by Roy Ahem. Yaegers have subsequently purchased Lot 64 from Ahem, with Lots 8-9-10-11-65 being owned by Nancy Fames. 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE IS, 1998 (#3 -#2370 Gary O'Keefe -Continued) City Staff is recommending submittal of a revised grading plan, limiting the hardcover to 6765 sq'.Llre 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 O\\TI measurements. Gaffron noted that the staff did not calculate the current hardcover but relied upon an existing survey. Gaffron commented he ,rnuld 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 \\hat is the appropriate hardcover for this property. O'Keefe inquired why there are differences in hardcover requirements bet,Ycen 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 \\here the residence is presently situated. It ,vas 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'Keefe indicated he would be able to supply a revised grading plan by Thursday. In response to a question by Chair Smith whether Mr. O'Kecfc would be willing to reduce hardcover in the 75-250' zones, O'Keefe stated he would be in favor of reducing hardcover, noting that the Planning Commission had recommended hardcover be limited to 40%1 at its last meeting. which he has attempted to comply with. O'Keefe's architect has designed the residence ,,ith special pavers which would allO\v 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 wished to comment on this application. Diann Goetten, City Council Representative, inquired why 40% hardcover was 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 was taken on 5 f>' Q ' &, ;; 't 8 ~- (!) / /CX;J; s;t4,z_,Y. o~ /./0 S ; D-7~' @ ~'--!:::. ::, . ' ,X lJ 7S-2rv' c.e10,.., (6 1 0 ~ 0 ) ~~ NG ~ ~ Ci /A.Jc.., l Vt-:_ V 15'1 ,7+i, ~ (!) /IJ) Cl~&--. 'f<O . t:-No,8 , ~vt W / L--(_ C(!A~ V-75 ;LJ, 7P ~ G~f'< @2)1~c> c:; -W#Y t/o ,¾ Vf2r1-A? e,v~ &1 u~. t3v--2,r/4 op 7s---iro f ~ . .s 0-1~ s~ ~= :57g/< l~~o+ 7>?2-~ .. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 . (#12) #2370 GARY O'KEEFE, 1392 BALD UR PARK ROAD -VARIAN CE 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-IC zone. Applicant propos.es 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 approyal of a harcl.cover variance, hut 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 considered 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 pf the site. · · · · -. Lindquist asked for any public comments. There were none. Applicant noted that grading in the 0-75' 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 (#11) #2369 -JOE AND MARY FIEDLER, 365 WEST LAKE STREET -VARIANCES -9:16- 9:41 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron said the applicant's request is for lot area, lot width, side, rear and side street setbacks and hardcover, for replacement of the existing residence. The applicant is also removing existing shed and replacing it with a detached garage. Gaffron noted various issues considering replacing the existing house, noting that the lot is too narrow for any new construction to meet setbacks without the need for variances. Staff is recommending approval of lot area and width variance, as well as the side and street setbacks for construction of a new house and garage. Gaffron noted the side street setback could be increased by reducing the house width. He noted that staff will not recommend a variance for a lot coverage, which would require reducing the footprint size of the house or the garage. Staff also recommends that a drainage and grading plan be provided .. Gaffron also noted a letter was received from Robert Erickson, 847 Tonkawa, the neighbor to the east, suggesting there is insufficient hardship to approve the required variances. The applicant had no further comments. :: Robert Erickson commented that the City sets ten criteria for undue hardship to establish the need for a variance. His conclusion is this proposal fails to meet nine of the ten criteria. He requests that the variances be denied and that he would like to meet with Fiedler to discuss other possibilities for the site. Lindquist noted the applicant is attempting to put too much house on this small lot. Smith and McMillan agreed. McMillan noted if the size of the house is reduced, it may reduce the number of variances. Gaffron noted that Orono considers this as an existing buildable lot because it"has been provided with sewer. Stoddard agreed that it is a buildable lot but redevelopment is difficult. After additional discussion about possible revisions to the proposal, Smith moved, Hawn seconded, to table the application. Vote: Ayes 5, Nays 0. 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#12_ -#2370 Gary O'Keefe -Continued) McMiilart 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 -CONDITIONAL USE PERL"VIIT-10:08-10:12 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported the applicant is requesting a conditional use permit for land alteration in a floodplain to scrape one inch of lawn to fill in another area in the yard. Approximately 40 yards would be used to top the fill and 50 cubic yards to be redistributed. Staff is recommending approval subject to applicant installing silt fencing and obtaining proper approval from other agencies. Applicant is doing this project in compliance with the Watershed District as there is a we!!and. Smith asked any for public comments. None. Hawn moved, McMillan seconded, to recommend approval to grant conditional use permit. Vote: Ayes 5, Nays 0. (#14) #2373 STEVE BECK, 2795 SHADYWOOD ROAD -VARIANCE -10:13-10:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported it is zoned LR-lB, and applicant is asking for a hardcover variance to allow a deck away from the Narrows Channel. Approximate hardcover of 19.3 % is proposed to build a deck on the west side of the residence. The house is 8 feet from the channel. Staff is recommending to remove hardcover to comply. 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#14 -#2373 Steve Beck-: Continued) Applicant noted the topographical map with the packet was incorrect. He also said he had a hardship because of the Narrows' noise and traffic. Applicant is interested in removing some of the existing badminton court, (presently a basketball court) approximately 40 square feet of hardcover. Hawn stated the Narrows is a hardship. McMillan is in favor of removing 40 feet of the court. Applicant asked about the 2 foot overhang. Van Zomeren said it is considered an encroachment into the required setback. Lindquist would like to see the ~ourt completed removed from within the 0-75' setback. McMillan moved, Lindquist seconded to approve application for hardcover variance to allow construction conditioned upon applicant removing 40 square feet of hardcover in the Oto 75' Vote: Ayes 3, Nays 2. Opposed Hawn and Stoddard indicating there should be a greater reduction in hardcover. Lindquist stated the City Council may ask for whole court to be taken. (#15) #2374 BUSSE CONSTRUCTION ON BEHALF OF: a. Greg and Myra Karlen, 630 Deborah Drive b. Larry and Jan McCartney, 755 Hunt Farm Road c. Robert and Julie Hanning, 4220 Sixth Avenue North d. City of Orono, McCulley Road parking lot north of the Luce Line Trail. CONDITIONAL USE PERMIT -10:31-10:37 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Van Zomeren stated it is a joint staff report and passed photos. Staff is recommending approval for: a. 630 Deborah Drive, with no conditions. b. 4220 6th Ave. N., as it will tie into the existing berm. c. 755 Hunt Farm Road, will screen the McCartney's residence from the County Road d. McCulley Road parking lot. Is used for snow storage by the city. -. There is a need to install a silt fence and to delineate the wetland at the McCulley Road location. The grade will change to the Luce Line Trail, however, it cannot have a slope that prevents DNR maintenance vehicles from having access to the Luce Line trail or from handicap accessibility to the trail. The berms will have natural vegetation.· McMillan asked if the parking lot was used by cars. Van Zomeren reported yes, when it is dry, and this is the intended use. McMillan asked if it will it be marked for parking. Van Zomeren said the DNR wanted it for parking, and Gappa says it needs to be filled in order to be used for parking. There were no public comments. McMillan moved, Smith seconded, to approve for conditional use permit. Vote: Ayes 5, Nays 0. 14 CITY OF ORONO 2750 Kelley Parkway, P.O. Bo'x 66 Crystal Bay, MN 55323 Phone(612)473-7357 Fax 473- 0510 NOTICE · The Planning Commission will hold · public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, May, 18, I 1998 beginning at 6:30 p.m . on the matter of · reviewing the following land use applications : 1. #2361 William and LaWayne Yaeger, 310 Big Island (also identilied as Lot 64, . Morse Island Park), request after-ihe-fact variances for lot area, lot width, lakeshore setback , side setback and 0-75' hardcover lo permit the construction of a ne:,v cabin to replace the old cabin on the property . . 2 . #2364 John Seren·a, 4607 Watertown Road, requests a conditional · use permit for a guest house to be used as .a pool house . · 3 . #2366 Peter Lanpher, 1359 Park Drive , requests side yard, hardcover . and . average l:ikeshore setback to allow a deck and pool replacement to remain . 4 . #2367 Lawrence Gleason,· 140 Hackberry Hill, requests a side yard variance for an addition to an existing residence . 5 . #2368 Kirk Otteson, 710 North Arm Drive , requests hardcover, average lakeshore and bluff setbacks to allow an addition to an existing residence_. ·· 6. #2369 Jee and .Mary Fiedler, _365 Westlake Street, request variances for lot area , lot width , side setback, side street \ setback, rear setback and 75-250' hardcover , for construction oi a new residence and , detached garage to replace the existing residence . 7 . #2370 Gary W. O'Keefe has an interes t in the property al 1392 Baldur Park Road and requests a conditional use permit to alter land within 5' of the property line and a hardcover variance to construct. a ne'.N I residence . · · 8 . #2371 Tim and Lorie Line , 4415·1 Forest Lake Landing, request a conditional use permit for grading iri a flood ~~n. I 9. #2373 Steve and Peggy Beck, 2795 Shadywood Road, request a hardcover variance to construct a deck walkway. .· ··. 10 . #2374 Busse Construction of behalf of: a. Greg and Myra Karlen, 630 Deborah Drive b. Larry and Jan McCartney, 755 Hunt Farm Road c . Robert and Julie Hanning, 4220 Sixth Avenue North d . City of Orono, McCulley Road parking lot north of the Luce Line Tral_l · for a conditional use permit for land alteration 10 construct berms along County Road 6 . ·. All persons wishing io-be heard are encouraged 10 attend this meeting . Written comments are solicited . Plans are available I in the City Offices for review, by appointment. I For an appointment, call 473 -7357. City of Orono · : By : Planning Commission El izabeth Van Zomeren · City Planner/Zoning Administr~tor (Published in The Laker and Pioneer May 2, 1998) Affidavit of Pub!ication 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 LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B .) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 2 day of May 19---2..§., and was thereafter printed and published every Saturday, to and including Saturday, the_· __ dayof _______ 19 __ ; ~ Subscribed and sworn to me on this 2 By: (1) Lowest c asst ,e ra e pai 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. f.?~2-:::":::·'.\?D Each additional successive week: $5 .14. Li .·, ·-1.1 1.rl ,1 .,,~f'I n ,·:,, '.' 1'•.·•J;·, \.....i I j : .... ,j .. ~ ..... :,.,·o CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Mary Ann Johnson,ofthe City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2370, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 29th day of April, 1998. RF'F'-23-1 ':J':JE: 11 : 23 rn<EEFE MECHRt 1 I CRL, I tlC. 612 941 1391 P.01/03 (•] rui1l ~~•<••N msahanical, To: Company: Fax#: COMMENTS: r,,:::_,.-._, /.f "ct,,;~ NUMBER OF PAGES INCLUDING THtS COVER SHEET: 3 If you do not receive all of the pages, please notify us immediately!! □ This fax copy will be the only one you will receive, unless you call and request the original. You wlll also receive the original by mail. O'Keefe Mechanical Fax# is 941-1581 . ._ ___ 7251 WASHINGTON AVE. SO. • EDINA, MINNESOTA 55439 • PHONE 941-1391 HF'F'.-23-1'3'3:::: 11: 23 ···-v~, ~~~ o~ ,~~~·•~ .... -........... .., ....... v ......... ....-,,..-, ,. __ IJf<EEFE MECHHHICHL, IHC. f.12 '341 13'31 F'. Cl2/Cl3 FRl1M : "'e;MFiX ,..,, ,,-c.,c.-.. .:;,,:,,,., ... .., . ._ . .,_ TO I ~12 62$ ~,q~ "'""'-'-1 'i,-*"'-\,,,\U11,.,..,,,._1 ••1.-, AppllcaUon W ~Q___ Date Rt:tei"e\l =1;, zi ,...BYi:, Amount P~hl ~~~-- ' CITY OF ORONO -GENERAL LAND USE APPLICATION ' • ' PROFEK'l'!r:" LOt:ATION •· .. " ~-"'.-I · Site Adaresll ----13~3-L~~ ~___Eo~r.>__ --~ · · ,. Ty}Jc of Applii;:fltion \c, bl.\ Filed JM,F __ . __ .. ___ ·--. Yrop"ny ldentific::-.t.lion ~i1mb.er (P .1.0.) Q[;::iL).:)~i~ . .al 0.0~ .. r -,- APPI,JCANT Ffamc 01omcL_:f ~/ Ntune ..... ~,z .. ,.h/, aK~~6 Pho~ (wotk) __ , 52;?7:-/ ?.$Z-4- hddrcn_ 4,oz:;;:-<J.ef-~ 41_ Ci\;' iJJtAUJGtJ:."/~Z.)p _$~ OWNER {if ~q~rent thM ~ppli~l'll"t) Phone (home)r!.G.(,? __ o/"7/ ~~'G Nkrne_~~-c Kv/1/ ______ Phone (work).£/Z.. ... '?,,,2.. 9Y ,f _;ff Addre~!L.3..£_?/!Af!:£.f:/f /"~ ~ ... ,, City H~~m .. . l.ipZ-£>. 9 I bat.: P.top"-tlY ,A.equlrod _______!f...r-J!C:. "?' ..5 _______ _ l (do) ~ l).{so ov.·u rht.: udj~cer1t parcols. of Jut1tl. Ii'EES .. <.'OND?TlONAL US!~ t•J.UtMITS - ,. ;< $ 75,00 Fro ce.ch vru-lsni::c n:qu·e1t with CUP epplicalion ___ !H 75.00 Rcsittential Act:ess-ocy U$e ___ $?.SO.DO lnilitulional (ch'u.rch, nchuul, gtc:,) _ _..._ lt7.5.U0 Gue$t Houso/Ow:st Ap~rtmQtus __ $2UV.00 Puplex Credit/llldg . --.~-(mo.nl.h/year) $5-QO.OO Commer:-,I,dJJnduilriat Ute -.... -~----. -__ • $250.00-1-1m;! Alt.cic-,.\i:ou ( \i,J I 'TH tt-1 ~' Of" I\ PBOf\flZT\J _ _ GrP-din& Md filling -deaigue.too wr:tlatid or floodplaiu _ ___ Ot·ading Md iilling -Slll Ctt, yd. or nior: _ ·--· Gr~din&. St;;~wl'IIJ~ rttal.n.ing walls withln. 75 1 of Jakeru1ore PKIJ/PID -see Fe~ Scht!dul& ___ $150.00 :Renewal Fut, (no change from original appfo;a.tian) ___ Aft~r .. 1.h~•.fa~t 1-'e:e • Dciuble Cunoct Application ft:1; OTll:t;I( ArrLI CATIONS S2$0.0{) C(,mtnerci.i:il Sito 'Plu, Rcv!ow (+ coruiultcmf fee,) __ !SlOl.'.tOO Vpcatlon ---. $200.Q() Euement Vacation --$100.00 E~e,nt VteRtion WJth Subdivi»itm ---$350,00 Rc:iP".Jn.inj {PUD --refer tu fet! &O.h?duh=) -.... _ $350.00 Comp.reh1tt-u,tvc Pltrn Amcndrni,nt $100.00 Appeali. ~~- Other ~ tee rec Scbedule CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the pem1it 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. First ( Address Middle 1 /4/J/J . 5C-~ i-J 47,;1 -/42]' I State Zip z2;on'74'/-J.3. / Telephone (612) 47'3-7357 • FAX 473-0510 8 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 administrative procedure act relating to contested cases. 9 /~ 2t!>O s ~, 7> ,2---~ -sP. 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