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HomeMy WebLinkAboutSubmittal4. 0 For Official Use Only Village of Orono Name Zoning Variance Application Case No. ` Directions toApplicant: a, Fill out this form in duplicate by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip. C. File duplicate applications and filing fee (e ) with Zoning; Administrator. 1. Name of Owner: Last First Mi s doe- rl,eo,iore W. 2. Address or Owner: Fo, afid 3troet(City and -Zone) -one 1 191: Baltim- {'a r-- Roo i, 4av ,,Lc A, Mnnesota 55391 3. Street res3 of Troperty Involved: l 0'-' i.41 iur Para (load, Orono, Ninne3ota Le-g-aT Description of PropertyInvolved: flat 41N60 Parcel 1N'25 471-77d1 5. Does t it property border on or lie partially -within an adjoining municipality? No . Present Uso: Kes wential I Present ZoningDistrict: LK-1 roposed Use: Residential variance i followint; Ordinance: 14.410 Date Property Acquired: July 11473 s requested ram the sections of the Zonis 11. What are the requirements of the ordinance sections list3d, in Item 10? 75 foot lakeshore setback requirements f 171"'-` CuL,`K 12 .tatc exactly what is intended to be done on or wi-,h t Me — property which does not conform with existing refits ations: Construct addition — / ? e 2 1, 70 IfEA/--4 ct t4iST/ti'C ""/j:7"4P0--4RD prrucrvRt ail/JiT 7 /',4T/e, 13. Has an application for zoning variance on the same property been acted upon by the Village Council within the last six months? If co, state the date of the Villae Council's action. yo NOTE:The law require^ that thn conditions set- forth in the fuliowin(; t,tjrco ituwj 11i, 15, and 16 PIUST be established befo,,o a variance can be granted. Explain in detail after each statement wherein your case conforms to the reo!:irements. 14. Difficultien of Hardship to Owner. Strict application of the provisions of tho Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or usin; such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation ar.d en joythent; of a substantial property right of the appli- o,aant and to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. General deterioratiown of building cauxed by settling and saggi•. ii 1ue to i.n3uffici,•nt fourr:iAtion anit sk.ibstruct+ire. ;walls and roof of su!�stanlAr•d construction allot �,reat heat loss causing econaiic.hardship in hesting ani health hazarl in cold weather. A feasibility study based on our needs aad abilities indicates that the only logical solution for the preservation of this property as our home and residence is contained in the plans and sketches attached. W sM 1. ce tional ron ions o the Lot:- There are specie condi- tiotis narrowness, nhallowneas n:_shape of a lot, exceptional top.)graphic or water conditions or other extraordinary and exceptional conditions oi' such lot) applying to the structures or land in question -.hat are peculiar to the property involved of immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. Does not apply. r,LiecL on nelghborhood and ComprehensivePlan: Granting the variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion. in the public streets, increase the danger of fire, 4ndanger the public Lafoty, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordina.ice and any applicable comprehensive plan. Explain in detail. 'dill have no effect. L_. .r NOTE:e following material must be attached to this application. 17. A map or plat showing thv property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. ( copies) 18. An abstractors certified property certificate listing the names and addresses of the owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. 9 Acknowledgement and Signature: The undersig;ed hereby repre- sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Crono and the laws of the State of i4innesota. Dete Signature For official omments Only: s ,,j 4 •� � o � \ , �� i � �� � •�' � T �„., �. �, x _ _ —' _ _.r _ ., t T RUGT✓RE ZCJ1L1': PRi 'PO SfE-D AvL;:7 !2 f t P17`E1,1FNT -- --- — / 1 Dt; � Ana l El R r • }WI N �/I i,i4s� �• *feet for Vivo �AKE Hcee. DEPARTMENT OF FINANCE ROOM 116, COURTHOUSE MINNEAPOLIS, MINN. 55415 PROPERTY OWNERS LIST �O DESCRIPTION _ NAME ADDRESS LOT BLK. PARCEL X�k Lit 10 pa k Pl 141 ---- cl --- _�._ R P 3 /5 mcvv zWo,, V.�3/- Ex&6__3-oh ful.\ V tj ,, N12to A f, ealy - fins � / Gi 73 �! N' 1 L 4 Ale B)0'6 _ � igNN �losS 361 -#kXO /c) kle�6 fJSr,� 6bWN6 • i ORONO COUNCIL MEETING HELD AUGUST 11, 1975 Page 3 Butler moved, Welsh seconded, that a structure and hardcover lakeshore setback variance for Ted Boer, 1392 Baldur Park Road, be referred to the Planning Commission. Motion, Jyes (3) - Nays (0). Butler moved, Welsh seconded, to approve the subdivision for Mr. Roger Patch, 1330 Sixth Avenue North, sub;ect to a 10% cash raw land value park dedication tee. Motion, Ayes (3) - Nays (0) . ,Sz . He.-,ry l4uhich, Building & Zon ' ncj Administrator, presented the Scott property proposal to the City Council. Mr. Urban Kerber, 1485 Bay Ridge Road, discussed the proposed platting of the Scott property located at 2C60 Shoreline Drive, stati..g that Bay Ridge Road was built for private use with private funds and was not designed for excess traffic. Air. Kerber also stated that it war the consensus of all the property owners not to allow the developer to combine the private access with the existing private Bay Ridge Road for controlling traffic onto Highway #51 and that there was no objection to traffic entering County #15. VARIANCE 1392 Baldur Park Road L / Welsh moved, Butler seconded, to grant preliminary approval of proposed plat, subject to the following: 1. Agreemen4- with Park Board on the park dedication fee. 2. Transfer that portion of Outlot 8 which supports his private driveway to Doug Head. 3. A 5C' utility easement following the roadway and a 100' easement at the end of the private ._yid for a possible future cul-de-sac. 4. No commitment as to lake use rights. 5. If Outlot A is not accepted by the Park Board or Village, it shall be included as an undivided 1/7 interest among the other 7 parcel owners of the plat. 6. Retain service easement on Tract A. Motion, Ayes (3) - Nays (0). Mr. Henry Muhich, Building & Zoning Administrator, discussed the status of the Good Shepherd Lutheran Church application for a condi:.ional use permit for a Day Care Center stating that the Planning Commission agreed to table the proposal until their next meeting when the applicant shall submit a site plan indicating proposed parking and the intended use of a private street. SUBDIVISION 1330 Sixth Avenue North PLATTING - SCOTT PROPERTYI 2060 Shoreline Drive CONDITIONAL USE PERIMIT 3745 Shoreline Drive f fM M7V Ali — or Tn : t tank I *& ich FRMI: Mike Scheller ,)ATF.: kum at 2S, 197S '.;CI Z 11:: Ted goer - Variance, Paldur Park Inspected the site of the above August 22, 1975 and took two nictures. Picture no. 1 was taken from his dock toward the house. There is much erosion near the lake and an eroded gully running from the house. This is one case. I feel the environment could he bettered by doing something in the 75' setback area. ?n issuit, a nermit to dip out a hasement, care must he taken as to wheithe c'irt to he excavated is placed. trig intent is to build a walkout basement toward the lake. This would necessitate some dirt remcrval toward the lake. Picture no. 2 shows front of house as is. t'e intends to coe nut 2' toward the lake and square off his house. Fir. hardcover could in- crease about Inn sn. ft. Vote that area to left of picture cnnsists of a natio, so alreadv iw considered hardcover. #53 tea+. ' . I TO: W. R. F3engrn ' FiU1: ]I. F. MAdch DATE: September 1.0, 1975 Ted Doer - 1392 Baldur Park F%acl Variance Stiuctam and hardcover l.ar.eshore setback The main portion of the (Nellinct is now lrx-atcx! 58.6 feet from t.hu shoreline wit): a lo' x 15' shad and 10' x 7' pat exterxling be;,ond . Mr. Boer is requesting approval to rerme this 220 f(-)t of exis.inu ,rarrl- eover and replacing this with 12 x 26.6' addition (319 s(j. ft.', incre;sinq the hardcover encroachment by 99 sq. ft. 111�s plans inclixiP a walkout bme- m nt which wou.LJ necessitate the normal of ruch of the natural steep hank )etween the house and laY.eshorr,. This would he in violation of our r)rd- inance No. 167 and our lakeshore -v�t];ack arX1 �uuxi(xmer regulations. (434.201 anti 34.202) Ur. Doer maintains this would irrUmme onm!itims aciaingt runoff am] erosim. Planning Ccxrmission %--tion - 0-15-75 Reamm. d all)rova.l -,ub ject to review Am. f.avora} )le report by Village !� noineer . a c McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS i tANO SURVEYORS w SITE PLANNERS �111._ /IlN September 18, 19/5 Mr. lia11k Muhich City of Orono P. U. Box 66 Crystal Bay, Minnesota Subject: Ted Boer 1392 Baldur Park Road Dear dank: You asked that we take a loc. at Che subject project, and report to you regarding the necessary variance from the 75 foot lakeshore requirement. We have done as you requested and observed the following conditions of the site. The front of the house is approximately 68 ieet from the lake, protruding 10 feet closer to the lake is a porch, Boside the porch is a cement block patio. Mr. Boers proposal is to support the present house and construct a full walkout basement under the house. Ile will be expanding the present porch to square it up with the house, he will be eliminating the present patio. Fie will be adding approximately 69 square feet of additional hardcover within the 75 foot setback line. The porch will become part of the house and the front of his porch will be extended approximately 2 feet closer to the lake. At present the lot is very high above the lake, it drops off on almost a vertical bank from: the top to a flat shelf along the lake. The height of this bank is approximately 20 feet and the width of the shelf before it reaches the lake is approximately 10 feet, the present bank is continually washing and sliding into the lake. The lakeshore is also washing away by the wave action, endangering seine existing trees and shrubbery along the lake. The proposal for the construction of a walkout basement would result in removing the top of his lot, approximately 10 feet to construct a gradual slope down to the lake. lie would also remove a large Maple tree. This Maple tree has a large number of dead and rotten limns, and it appears to be a diseased tree. The owner reported that it har been infested with ants and should be removed whether anything is done on the lot or not. The present condition of the porch which he prolx ses to replace, is in an advanced stato of deterioration loarticularily on the roof and work is needed very urgently to maintain his house in an acceptable condition. 1160S OtSpN MI MU111AL ►IIGNKAY M114NfA/0US MINNtSOTA S5441 T1Lf1M0061 •11- SSf 3J00 76 NOI41H MAIN ST11t11 0IU1CM1NS0N M411441SUTA SS)SO TilI►aUNI 611 8711 W2i SOt1TNWEST fMGINt111111G OWSIUN MANS►IAIL M1141IN(SOTA 542SS TiIE00N006/ 533 !1?U From our observations a variance is definitely required to grant the additional 69 square feet of hardcover, and permit grading and tree removal within 75 feet of the lakeshore. Our observation of the effect that this construction would have on the lake is mostly positive. It would permit him to lower the elevation of his lawn to such a point that he could eliminate the present bank that is continuously eroding. A gradually sloping lawn could then be constructed from the lake to the walkout floor level. Because the elevation is lowered the runoff to the lake would be more gradual and there would be a better opportunity for absortion of some of the runoff water into the soils. We consider this to be a minimal effect, in any event not likely to have any measurable impact one way or the other. The additional 69 square feet of hardcover is also a marginal thing essentially of unmeasurable consequence. As the area that would be covered is essentially a hard packed dirt at t1,e time and I suspect as much runoff would occur from it presently as from an addition to the house. The pitch of the roof which is now towards the lake would be changed to diverted to both sides of the lot, but again I don't think this would have any measurable effect. The elimination of the large Maple tree would eliminate a tree; however, as was pointed out earlier it is in a diseased condition, and whether the improvement is made or not it would just be a matter of time before this tree would have to be removed. The present lakeshore is eroding, so in order to save a large Elm tree and other small bushes along the lakeshore rock rip -rap should be placed at the earliest possible time. The lot has a lot of accumulated debris apparently disposed of by the previous owner. The proposal would increase the value of the house, it would improve the appearance of the lot particularly from the lake, and should result in a general visual improvement to the neighbors. On this basis we would believe that from an engineering standpoint a proposed construction would not have an adverse effect on the lake, provided that certain conditions are met during the construction. These conditions would be that the owner be required to store any excavated material in such a way that it would not be subject to erosion and washing into the lake, and that the grading be carried out in as short a time as , ssible, and a good groundcover be established quickly so that a new yard would not erode and dirt be washed into the lake. This I think is consistent with the Vinnehaha Creek Watershed regulations prohibiting the discharge of any dirt or mud from a construction site. If you have any questions regarding this I will pleased to discuss them at your convenience. Yours very truly, MCCOM.BS-KNU'rc.ON ASSOCIATES, INC. Willia If. McCombs, P.E. WNM:jI ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1975 Mr. Henry Muhich, Building & Zoning Administrator, discussed the Ted Boer, 1392 Baldur Park Road, application for a variance, structure and hardcover lakeshore setback. Since this is in conflict with the City's 75' lakeshore setback regulatior and since it was not clear what impact this construction would have on the lake, Paurus moved, Massengale seconded, to deny the application for a variance, structure and hardcover lakeshore setback until cross sections and other engineering data are submitted for further review and study. Motion, Ayes (5) - Nays (0). Page 7 VARIANCE 1392 Baldur Park Road Paurus moved, Welsh seconded, that the sideyard VARIANCE setback variance for Paul fleyer, 940 Dakota Avenue, 940 Dakota Avenue be approved as recommended by the Planning Commission. Motion, Ayes (5) - Nays (0). tlr. Louis Oberhauser and Mr. R.jgcr Fazendin, representing Richfield Bank i Trust Company, discussed with the City Council their proposel for a lot rearrangement and variance located at 1350 Baldur Park Road. This was an informative presentation only. Further input from staff will be necessary before the City Council is prepared to act on this request. Mr. Fredrich Herfurth, representing Mr. Al Whitman, discussed with the City Council their request for approval of a preliminary plat located at 1540 Sixth Avenue North. Discussion followed concerning State statute requirements concerning public street versus easement requirements as they relate to ingress and egress. Paurus moved, Welsh seconded, to approve the preliminary subdivision of Al Whitmar,1540 Sixth Avenue North, conditioned on: 1. Mr. Marc Whitehead's opinion of the State statute requirement concerning public street dedication. This is to be submitted by September 25, 1.975 at 4:30 P.M. 2. Reconsideration of the raw land value formula for -)ark dedication. Motion, Ayes (5) - Nays (0). REARRANGEMENT & VARINACE I 1350 Baldur Park Road SUBDIVISION 1540 Sixth Avenue North ORONO COUNCIL MEETING HELD OCTOBER 14, 1975 Page 7 Mr. Ted Boer, 1392 Baldur Park Road, appeared before VARIANCE the City Council with a scale model of his proposed 1392 Baldur Park Rd. structure and grading plan. Mr. Henry I4uhich, Building & Zoning Administrator, stated that Mr. Boer was desirous of receiving Council approval as soon as possible in order to init?.ate his grading plan before winter. Acting Mayor Massengale stated that his was a unique situation and that erosion of the dirt bank on the lake frontage of Mr. Boer's tiome was continually eroding into Lake Minnetonka d that modification of this bank would tend to .-e additional serious erosion problems. Mr. Rick Sather, representing McCombs -Knutson City Engineer, stated that grading of the bank, placing of the excess dirt on the existing property, and removing a decaying tree on the lake side :Area would require a mulch to act as a ground cover and a berm to protect the lake from further erosion. Paurus moved, Welsh seconded, to grant a variance to the lakeshore setback, subject to the City Engineer monitoring all phases of this work and submitting documents of approval of all grading, ground cover, and berm construction. The Building & Zoning Depart- ment was instructed to document with pictures all proposed and completed work on the site. Ilotion, Ayes (3) - nays (0). I1r. Henry Muhich, Building & Zoning Administrator, COMBINATION discussed with the City Council the status of 3185 North Shore Dr. Tract Parcel 7000, stating that fr. Fred Rogers had originally applied for a variance on this lot area and width and then withdrew his request shortly thereafter; now, Mr. Darrel Stewart, owner of Tract H wishes to combine Tract G with Tract H. Sinze this request has not been submitted to the Planning Commission, the Council deferred action until further information is available. P3urus moved, 14elsh seconded, that the Planning PROCEDURE CHANGE Camr.ssion procedure change be referred to the Planning Commission Planning Commission for recommendation. Motion, Ayes (3) - Nays (C). Mr. Brad Hays appeared before the City Council 73-1 ASSESSMENT rkiquesting a review of his 73-1 sewer assessment. Brad Hays Acting Mayor Massengale informed him that Orono was in receipt of a Notice of Appeal concerning his assessment and that any further action would be through 'he official assessment appeal process. MCCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS 2 LANO SURVEYORS • SITE PLANNERS October 17, 1975 Mr. Henry Muhich Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: Erosion Control Measures on Lots 17 b 18, Block 1, Baldur Park Dear Hank: The purpose of this letter is to inform you of our recommended erosion control measures on Lots 17 and 18, Block 1, Baldur Park, owned by Mr. Theodore W. Boer. Mr. Boer intends to excavate along the northerly (lake) side and northeasterly side of his home, for the pur,^ se of constructing a basement under the home. Excavated material will be used to fill low areas on the garage side of his home and to fill an existing low area to the northeast of the home (above the existing tree line). Before excavation and fill operations commence, Mr. Boer shall construct a temporary earthen berm at the base of the existing steps to the lake. The berm shall he placed between the emban,.ment to the west and the existing earthen mound to the east of the steps. The berm shall be c, istructed in such a manner as to divert run-off in an easterly direction above (south of) the tree line into the existing fish pond, where deposition of sediment can occur. The berm shall be covered with straw to retard its erosion. Mr. Boer shall place hay bales at the base of the slope along the easterly property line (at the base of the proposed fill area to the northeast of the home). Material excavated prior to construction of the basement shall be stockpiled on the garage side of the home (more than 75 feet from the Lakeshore) until backfilling of the foundation is accomplished, Placement of the fill material shall be 12e05 OLSON MEMORIAL HIGHWAY MINNEAPOLIS MINNESOTA 55411 TELEPHONE $11 559.3700 36 NORTH MAIN STREET HUTCHINSON MINNESOTA 55no TELEPHONE '412, 679 9029 SOUTHWEST ENGINEEMING DIVISION MARSHAL MINNESOTA S82S4 TELEPHONE e507. S32 $620 Mr. Henry Muhich October 17, 1975 Page Two accomplished in a timely manner and sodded within 48 After sodding al, disturbed areas is complete, th e Mr. Boer does not intend to regrade the existing embank- ment along his Lakeshore until next year. No grading of this embankment shall be undertaken prior to the approval of erosion control measures by the Engineer. The imple ntation of the erosion control measures con- tained herein. es not relieve Mr. Boer of this responsibility for correcting any damage to the ake and/or neighboring property, which results directly nr indir•ecti/ from his operations. Il you have any further questions or require additional information, please do not hesitate to contact us. Very truly yours, McCOMBS-KNUTSON ASSOCIATL'S, INC. William H. McCombs WHM:Ias