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CITY OF ORONO - VARIANCE APPLICATION I'"�
Initial Application Fee $175.00 4
($50.00 per each additional. variance
Renewal Variance Fee $100.00
(no change from original application)
After -the -Fact Fees (Double application f^e)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
PROPERTY LOCATION
Site Address 1 -",9 r� ",=yi
Property Identification Number (P.I.D.) 7 - a3
y i r i Jt V(1�
t a.ti t� FICE
• � tXJIl M
Attach legal description to application if not included on
required survey.
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APPLICANT Phone ( home )
Name
w ��1-/-Y Phone (work)
F�"n9Cr y T
Address: /,27c,) &Za/vi- 1'9k x0a( City: ioio Zip:
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OWNER (if different than applicant) Phone (home)
Name _ Phony: iwork)
Address:
Date Property Acquired
City:
Zip:
(month/year)
I (do) (do not) also own the adjacent parcels of land.
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PRESENT USE OF EROPERTY
Iresent Zoning District
Present Use of Property _ Residential
Other (specify)
DESCRIPTION OF REQUEST F_stima eO Construction Cost 8 C04C)
Describe request in *.ai':: kine✓.ki Oi jMuamr-' . 604j6t'"Ju 'f
VARIANCES REQUIRED
Lot Area
Setback Variances ( /
i.ot width _ V Hardcover
rront(*iro Side near)
HARDSHIP
Describe undue hardship or practical difficulty resulting frgm strict
enforcement of zoning regulations:
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DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:
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REQUIRED SUBMITTALS
1.
Completed Application Form
2.
Certified Property Owners List of owners within 150' (you
must obtain
this list from Etennepin County Department of Finance A-603
Govt Center
348-3271).
3.
plat Map (obtained with property owners list).
4.
Certificate of survey (signed by a licensed surveyor)
to include
hardcover calculations as required.
5.
Topographic survey (existing and proposed elevations) if
any changes
in existing grade are proposed.
6.
Sketches or plans of floor and elevation views.
7.
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
8.
Additional items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORKING COPY (110 X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTSC.
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The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
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Certification by Clerical Department that Variance Application is complete.
Initialed by Clerical Staff: Date
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APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
time not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature ,�.� r � YL Date _Q..5 /Arp, Irro
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agentE, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature - ---� —------- ------Date- ai m - f70
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Mecting. Planning Commission Meetings are held on the
thud Monday of each month. Applicants must be present at al 1 scheduled
review meetings of the Planning Commission and Council. :f an applicant is
unable to attend a s-heduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Auilciin7 i Zoning
Office of this change prior to the meetirg.
Z.' •
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "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 inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4. -If your requested permit or license reqires council
action to approve, some information may become public.
5. You have certian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this applicztion or permit.
kG4cl" I7 ' 3 r y
First Middle Last '
/ 3 &a 4-3a/o(ut 1c kQl
Address
Date of birth ( oes not apply to building/general permits)
y,�1- o�s�
Phone
I understand my rights as stated above.
X
ig ature
r�rS '
513.04 RIGHrM OF SUBJE= OF DATA
Subdivision L Type of data. The rights of individuals 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 wising from his
supplying or refusing to sup,)Iy 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 :, to a law enforcement officer.
The commissioner of revenue may place the notice required under thi
subdivLsion in the individual income tax or orooerty tax resund instructions insteaq 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 meaninۥ the data need not be disclosed to
him for six months thereafter unless a dispute c: 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 ind.vidual 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 p, rsjant to this subdivision, or winun five days of the date of the request,
excluding Saturda%s, Sundays and legal holidays, if immediate compliance ;s 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 disag". Bement. The responsible authority shall within 30
dais either: (a) correc: 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 t�,at 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 :nay be appealed pursuan' to the
orovisiors of the administrative procedure act -elating to contested cases.
CITY OF ORONO
NOTICE
The pynnmg Ctltfefeeelen w111 hold DubI,C
the council chambers At 1275
hen,ngs in
South Brown Road on Monday June 18
1990. 10 review the following land use aR
D - —.
c17r
Affidavit of Publication
--•.
pltcatiore.
1. No. 1537 Calvin Presbytanan church at
;7�-
177 Ciundele Drive seeks a condttionsi use
parrM to construct a detached storage
L-�"� [ V.
State of Minnesota, County of Hennepin.
gar age
2 No 1538 Lauren Bom 01 1432
Drive seeks hardcover ante
Bill Holm, being duly sworn, on oath says that he is
Shoreline
silk@ar10le selback vananc,e for a proposed
authorized agent and employee of the publisher
deCk to be enatailed to the IMes,do of tht e■
an
known as THE LAKER, Mound, Min-
latlrw residenca
3 No 1639 David Fekre, Ins current
Unve, seeks hard
J
FAIN
of the newspaper
and has full knowledge of the facts whic are
owner of 3905 Shoreline
to connect a
�( 199p
nesota,
cover end setback variances
to the existing residence
stated below:
del3ched garage
4 No 1 540 Julienne and Ronald Pr,neas
of 1980 Heritage Drove have filed for a
r onstruc
A.) The newspaper has complied with all the require-
renewr of width variance to a+wvr
front of a single tamity r°fOenCe on the
ments constituting qualifications as a qualified
undeveloPed property
5 No 154+ Df Roby °nd Jane Thompno"
newspaper, as provided by Minnesota Statute
of 1520 Tangiewood Road seek a rear set
331 Ai02. 331 A.07, and other applicable laws, as
pack variance for a proposed addition to the
existing resroence
8 No Richard c Reed of
amended
setb010 ack
Long Lake Road seeks a ne,pnt and setback
a Road
variance for entrance p,tiars to the existing
p_) The printed
residence
7 No 1544 Roger and Becky Berry nave
.
hied a renewal variance and COndll,pnal use
Permit to auow construction of a new
i
residence thatwill reouoed cover
kegtvire setback and Wading w�tnan
la75 reef
of " take
9 No 1545 Dain and Janet Rodweil 01
which is attached was cut from the columns of said
2se cYvne1 Placesee" ° Side setback
nor the conversion of an existing
newspaper, and was pnnteo and published once each
vanance
deck to a 1hfee season porch
for 1 SUCCe?,Slve weeks'
9 No 1 546 Scott and Saran Prochnow of
week
4075 N49nwood Road filed a renewal
variance for a street setback and hardcover
Ina 75 25C setback Yea 101
It was first published Monday.
vanarlces w11h,n
constrNo 1 of a detached garage
1547 Metwpol�tan Waste Go^rro�
�/1
/'�/-ram.. 1 yL,
t0 No
com"Ittis,ori has aopked 10, a Conditional use
the day Of
permit to tnatall an unrferWcwnd vault to
and was thereafter phi ed and pubt.lshe every
house a sewage mete to be located appror
liniatelr at the enter section or West Ferndale
Monday. to and including Monday.
Road and Shoreline D,,.e
11 NO t WI G4iAts R ar,d Juiw S it?"Wn
or 2 700 Ethel Avenue seek appfovN of front
the day of
and side setback vWiar _es for replacement,
and deck and a
^_
pf a Intel? season DorCh
set. ,d story addition to Ina @.,sting
residence
12 No 1549 a 15W Rod Crawford of
41
4705 Nort* Shoe Unve has apWied la a
variance and cond,honm use pehm,t I I ',4uI
in excess of 100
to below toning and gradehg
cubic Yards ""pun Ina street yard of the
tokesnote v and trr cerla,n land alteral'ons
within the lailesnore protected area ,n.ot.
_ f
Authorized Agent
rig remova, or existing reloneng walls and
necessary Wading in add,I °" the a00-cant
latiesnora wtbwCk vaf,ance i 155C11
MARIETTA A STRAUS
NOTARv DUBLC
yens a
to eorwert an Sniffing rock Ni1u a screened
I
CARVER COUNTY
porch t No 15452 Steven and _ l
oa
W. rp1aWSSKY. Cav,+t69 b.l.aa
law 8hedywood Road seek Approval ofer
hardcover vWWK" lot the ekcavolwn of a
beeemeH access door and walkout ale@,@
SuD scflueG Ir.,.d sworn to me On this
gLWW9 the installation Of reta@ling wile•
whx.h will fe%ull in once~ of nerf/Cnow
' n D
�.
within the 75 250 WWb rail
day Of —
Aa persons wishes,410 be heard
r thin time The nneef"h9 steps 01 ; (N) p
are sow Ports are
f - 7 r
�=
Written cgnmants
Err revir w in all City offices by ap
C3Y' I 1
s.al ab4
No'ary Public
Nolary
tfp,r,iment
CNy of CSror,o
my marring G "ffvr5-0,,
3ear.ru A Malluath
9 s1.,, Ine I ak.r ano Tne P-H ",
4 ' Ir4.,.1
Rate Infkormation
CtaydMO rate pod by C01YUfter Cta' u9nr: for co"'!...,
1V'M
i 1) Lpweat
W ff;.N 0W IRtC!►.
iZt EIIEIr1mill nil dMIASd pr tree felt above natter $9 BO per inch
1tMi r f 0 for 1ve matter $5 20 17er inch
rw+w+•ri.r�
• too y Vial: "e weak S3 30 per imt.
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) as.
)
CI`1'Y OF ORONO )
I, Mamie Bosma, of the City of Oronc, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1544, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 5th day of June, 1990.
,Tamle Bosma
CITY OF ORONO
NOTICE
Thtz Planning Commission will hold public hearings in the Council Chambers
at 1275 South Brown Road on Monday, June 18, 1990, to review the following
land use applications:
1. #1537 Calvin Presbyterian Church at 177 Glendale Drive seeks a
conditiional use permit to construct a detached storage garage.
2. #1538 Lauren Born of 1432 Shoreline Drive seeks hardcover and
lakeshore setback variances for a proposed deck to be installed to the
lakeside of the existing .esidence.
3. #1539 David Filkins, the 7urrent owner of 3905 Shoreline Drive,
seeks hardcover and setback variances to connect a detached garage to
the existing residence.
4. #1540 Julienne and Ronald Prineas of 1980 Heritage Drive have filed
for a renewal lot width variance to allow construction of a single
family residence on the undeveloped property.
5. 41541 Dr. Roby and Jane Thompson of 1520 Tanvlewood Road seek a rear
setback variance for a proposed addition to the existing residence.
6. 41543 Richard C. Reed of 1000 Old Long Lake Road seeks a height and
setback variance for entrance pillars to the existing resi,-en ce.
7. #1544 Roger and Becky Berry have filed a renewal variance and
conditional use permit to allow construction of a new residence that
will require hardcover, lakeshore setback and grading .,iithin 75' of
the lake.
8. A1545 Dain and Janet Rodwell of 258 Cygnet Place seek a side setback
variance for the ccnversion of an existing deck to a 3-season perch.
9. 41546 Scott and Sarah Prochnow of 4075 Hiqhwood Road filed a renewal
variance for a street setback and hardcover --riances within the 75-
250' setback area for construction of a detached garage.
10. #1547 Metropolitan waste Control Commission has applied for a
conditional use permit to install an underground vault to house a
sewage meL"r to be located approximately at the intersection of west
Ferndale R— 4 and Shoreline Drive.
11. 01548 Cu : t is R. and Ju : -a S. Jensen of 2700 Ethel Avenue seek
approval if front and side setback variances for replacement of a 3-
season perch and deck and a second-story addition to the existing
res idenc, .
12. 11549 & W1 0 Rod Crawford of 4705 North Shore Drive has applied for
a -ar iance and conditional use permit ( i1549 ) to allow filling and
grading in excess of 100 cubic yards within the street yard of the
lakeshore lot and for certain land alterations within the lakeshore
protected area involving removal of existing retaining walls and
necessary grading. In addition the applicant seeks a lakeshore
setback variance (N1550) to convert an existing deck into a screened
porch.
13. 11552 Steven and Renee Fr�iter of 1800 Shadywood Road seek approval
of a hardcover variance f(r the excavation of a basement Access door
and walkout area requiring the installation of retaining walls which
will result in excesses of hardcover within the 75-250' setback area.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 PM. Written comments are solicited. Plans are available
for review in the City offices by appointment.
City of Orono
By: Planning Commission
JeanneLA. Mabusth
Building & Zoning Administrator
To be published the week of ,June 4, 1990.
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planninq & Zoninq Administrator
Date: June 14, 1990
Subject: N1.544 Roqer 6 Becky Berry, 1392 Baldur Park Road
Renewal Variance/Conditional Use Permit - Public Hearing
Zoning District - LR-1C, Single family Lakeshore residential,
sewered, 1/2 acre
Application - Application request for renewal of variances and
conditional use permit granted in 19811
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit U - Resolution 12587 with Approved Site Plan
Pertinent !acts -
1. In 1989, the applicants were granted a 2' average lakeshcre
setback variance, hardcover variances, and variances for
gradinq within 75' of the lake. Applicants are requesting
renewal of these variances and conditional use permit.
Applicants propose the same footprint and site plan, but
note that the house may end up decreasinq in size.
Applicants have not provided a revised set of plans.
Discussion
Please review the findings and conditions of Resolution
#2587, attached. The conditions regardinq hardcover and qradinq
on the property are quite detailed, and Planning Commission may
recall that the originally proposed excavation to create a
walkout, was denied. The final approved site plan is attached as
Exhibit A of th- Resolutior.
Staff Reacommendation
Stof f would recommend approval of the requested variances
and conditional use permit per the conditions as stated in
Resolution 12587.
lev
RUN DATE 05/23/90 HENNEPIN
COUNTY PROPERTY INFORMATION SYSTEM
REPORT NO.
P1435401
•
PROPFRTY OWNERS LIST
PARE
8
•
BATCH 004
_
38 08-117-23 31 0001
38 08-117-2S 31 0002
38 08-117-23 31 0003
•
PROP ADDR
01400 BALDUR PARK RD
01396 BALDUR PARK RD
013Q2 BALDUR PARK RD
•
OWNER NAME
CHARLES 8 REID
TERRIS M SADLER
R H BERRY A B S BERRY
TAXPAYER
CHARLES B REID
TERRIA M SADLER
ROGER H i BECKY S BERRY
NAME/ADDR
1400 BALDUR PR RD
1'96 BALDUR PARK RD
1392 DAL" PARK RD
•
WAYZATA MN 55391
WAYZATA MN 551t91
WAYZATA MN 55391
•
•
38 08-117-23 31 0004
38 0b-117-23 31 0005
38 06-117-23 31 0006
•
PROP ADDR
01384 BALDUR PARK RD
01376 BALDUR PARK RD
00038 ADDRESS UNASSIGNED
OILER NAME
D A V KEESLING JR
WENUY l HEIHE
WILLIAM J M FRANKLIN
= 7
TAXPAYER
DONALD/VIRGTNIA KFESLING JR
WENDY WEIHE
WILLIAM J M FRANKLIN
1
•
NAME/ADDR
1384 BALDUR PARK RD
1576 BALDUR PARK RD
BROADWAY SALES
+�
WAYZATA MN 55341
WAYZATA MN 55391
1000 H BROADWAY
MPLS MN 55411
•
38 08-117-21 '.1 0007
38 08-117-23 14 0017
58 08-117-23 S4 0018
PROP ADDR
00018 ADDRESS U,ASSIGNED
011.08 BALDUR PARK RD
01404 BALDUR PARK RD
OWNER NAME
HILLIAM J M fRANKIIN
JAMES P WERNER ET AL
CHARLES AFFIAS
•
TAXPAYER
WILLIAM J M FRANKLIN
JAMES P WERNER
CHARLES AFFIAS
NAME DDR
BROADWAY SALES
B O L .,
1408 BALDUR PARK ROAD
2b3 JERSE E
4 Y AVE/A
�
1000 H BROADWAY
WAYZATA MN 55391
ST LOUIS PAM MN 55426
�
MPLS MN 55411
S8 08 117 2S 34 0031
38 08 ]I?-ZS 34 O0S2
38 08-117-23 34 DOSS
PROP ADDR
000'8 ADDRESS UNASSIGNED
00058 ADDRESS UNASSIGNED
00038 ADDRESS UWASSIG/E D
•
OMIER NAME
PUBLIC ACCOUNTING SERVICES
PUBLIC AC(OUF41IFM, SERVICES
HAROLD R Y.ITCHEN
IAXPLR
ESTATE OF TDWARD SPINDLFR
ESTATE OF EDHARD SPINDLER
HAROLD KITCHEN
1
NAME-ADDR
C,0 IARPIN, HOfFMAN. DAIY
C/O LARKIN, HOFFMAN, DALY
BOX 418
IQUO O R-t_' AVE S SUITE 1500
7Q00 XERXES AVE S SUITE 1500
NISSWA MN 56468
•
BIOOIHIfOGTON MN 55431
BLOOMINGTON MN S5431
PROP ADDR
0IR1f R NAME
TAXPAYER
TOTAL BATCH 004 00012
NAME!ADOR
•
r
T11
MN DATE OS/23/90
• BATCH 004
•
•
•
•
•
•
•
•
•
T
•
ll
7
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWERS LIST
REPORT NO. P1435401
PA6F 9
CERTIFY THAT IMF FACTS REPRESENTED ARE AN ACCUPATE AND TRl1F
RFPRESENTATION GE INFORMATION AS IT APPEARS THIS DATE ON THE AECORDS
OF THE HENNEPIN COIAVTv DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOLL DW AND BELIEF.
DATE Lam' `_ /L` tr t Ad, '
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CITY OF ORONO ZONING FILE #1544
P. O. Box 66
Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION
473-7357 Date of Notice: June 21, 1990
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TO: Roger & Becky Berry COPIES TO:
1392 Baldur Park Read
Wayzata, MN 55391
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TYPE OF APPLICATION: Variance (Renewal)
Conditional Use Permit (Renewal)
DATE OF MEETING: June 18, 1990 VOTE: 6 For 0 Again:`
Planning Commission recommends the fallowing:
Approval as submitted
NOTES AND SPECIAL CONDITIONS:
Applicant': next scheduled meetir.g is confirmed as City Council,
Monday, July 9, 1990; meeting starts at 7:00 p.m.
If you desire certified ccries of the official Planning Commission
minutes, they are available from the City Recorder aft,:r review and
approval by the Planning Commission.
lsv
ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990
ZONING FILE #1543-REED CONTINUED
would impact the registered property.
Kelley indicated that he has consistently recommended denial
of entrance monuments.
There were no comments from the public regarding this
application, and the Public Hearing was closed.
I�- was moved by Johnson, seconded by Hanson, to recommend
approval of the height variance for monuments in excess of 3.5
feet. Kelley noted that a fence is also being installed between
the monuments. Motion, Ayes-3, Kelley. Cohen. :loos, Nay. "lotion
failed.
#1544 ROGER & BECKY BERRY
1392 BALDUR PARK ROAD
RENEWAL CONDITIONAL USE PERMIT/VARIANCES
PUBLIC HEARING 9:07 P.M. TO 9:08 P.M.
'The Affidavit of Publication and Certificate of INalling were
duly noted.
Mr. Roger Berry was present.
There were no comments From the public regarding this
application, and the Public Hearing was closed.
It was moved by Hanson; seconded by , to recommend approval
of renewing the variances and conditional use permit, per the
conditions set forth in Resolution #258'. Motion, Ayes-6-
days-0. motion carried.
11545 DAIN 3 )ANET RODWELL
258 CYGNET PLACE
VARIANCES
PUBLIC HEARING 8:38 P.M. TO 8:39 P.M.
It was moved i)y Ke_IeJ, seconded
application $1545 as requested by the
Ayes-6, Nays-0. Motion carried.
by Cohen. to table
applicants. Motion,
#1546 SCOTT i SARAH PROCHNOW
4075 HIGHWOOC ROAD
RENEWAL VARIANCES
PUBLIC HEARING 9:08 P.M. TO 9:09 P.M.
The Affidavit of P.;vlication And Certificate of flailing were
duly noted.
Mr. Prochnow was present.
There were no comments from the public rewarding this matter
and the Public Hearing was ^lesed.
la -
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
lrm: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 3, 1990
Subject: i1544 Roger & Becky Berry, 1392 Baldur Park Road -
Renewal Variance/Conditional Use Permit - Resolution
Application - Request for renewal of variances and conditional
use 1ermit granted in 1989.for construction of new
residence.
List of Exhibits
Exhibit A - Prol.osed Resolution
Exhibit B - Notice of Planning Commission Action
Exhibit C - Memo & Exhibits of 6/14/90
Discussion -
The atplicants request a renewal of the 2' average lakeshore
,etback variance and hardcover variance granted in 1989, as well
as the variance/conditional use termit for grading within 75' of
the lake in the driveway area.
Planning Commission reviewed this on June 18th and
recommended 6-0 tG i01 r:,ve, finding no changes in the trotosal,
and finding that t•,. finally approved findings and conditions
atill aptly. The 5 icants noted that as their Flans are
refined, they may e.1 q decreasing the size of the house.
Staff Roca mmendation -
Staff would recommend aj.Eroval ter the Planning Commission
recommendation, Eer the attached resolution.
APPLICATION NO. 1544
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 Date of Notice: 7/16/90
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TO: Roger 6 Recky Berry COPIES:
1392 Baldur Park Rd.
Wayzata, MN 55351
TYPE OF APPLICATION: Variance
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DATE OF METING: July 9, 1990 VOTE: 3 For 0 Against
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COUNCIL ACTION - MOTION:
To approve renewal variance per the findinqs and conditions of the
resolution previously mailed to you.
Variance and Conditional Use 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 and Conditional
Use approval expires one year after date of approval. Permit application
must be submitted no later than. July 9, 1991.
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.
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.
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.)
ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990
ZONING FILE #1540-PRINEAS CONTINUED
Aves-3, Jays-0. Motion passed.
#1541 DR. ROBY & JANE THOMPSON
1520 TANGLEWOOD ROAD
VARIANCE
RESOLUTION #2830
Dr. Roby and Jane Thompson were present.
City Administrator Bernhardson summarized the information
prejented regarding this application (see Michael Gaffron's memo
dated July 2, 1990).
1t was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to adopt Resolution 0283C, granting a rear
setback variance to construct additions to the existing residence
at 1520 "ianglewood Road. Motion, Ayes-3, Nays-0. Motion passed.
#1543 RICHARD C. REED
1000 OLD LONG LAKE: ROAD
VARIANCE
Mr. :teed was present.
Bernhardson reviewed the information relating to ;r. Peed's
application.
It was moved by Mayor Grabek, secrnded by Councilmember
Goetten. to approve the after -the -fact height variance for
entrance monuments at the Richard C. ReeA residence. Callahan
asked whether it would be appropriate fo- the City to pursue
whatever is necessary to make Old Long Lake Road a public road.
!•labusth stated that it is unknown how platting the road would
affect the abutting property owners with torrens and registered
land. Barrett stated that the City could condemn the property.
Mayor Grabek asked :low wide the road would have to be is it is a
public road. Gerhardson replied that the road would have to be
66 feet wide. "potion. Ayes-3, rays-0. Motion passed.
# 1544 ROGER AND BE:CKY :,ERRY
1392 BALDUR PARK ROAD
VARIANCE RENEWAL
RESOLUTION #2831*
It was moved by Councilmember Cailehan- seconded by
Councilmember Goetten. to adopt Resoiuti.on 12831, granL:n,; that
the variances approved in Resolution 02587 be renewed. Motion,
Ayes-3; trays-0. :lotion passed.
11546 SCOTT PROCHNOW
4075 HIGHW)OD ROAD
VARIANCE: RENEWAL
RESOLUTION #2832*
It was moved by Councilmember Callahan, seronded by
- 8 -
•
)G94427
(city of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 1831
ORONO TRAMPEN ENTERNI
uE1+' � xsr,�sr1'� •u t r+�uc�n+�
A RESOLUTION GRANTING
RENEWAL VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 6 2 AND
SECTION 10.55, SUBDIVISION 8, AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1544
A �', 21 I=
rp NF'( MINK
BY ' / SEotlT1'
C.
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, Baidur 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 iakeshore 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 regradinq of
portions of the property located within the 0-75' lakeshore
setback zone where no grading is normally allowed.
NOW, THEREFORE, BE IT RESOLVED ny the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zonirq File #1544.
2. The property is locatec: in the LR-1C Sinqle Family
Lakeshore Residential Zoninq District.
3. The property is al.proximately 1 1 acres in area.
Paqe I of 6
city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. ZS31
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 result of removal 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 pliperty without redesigning the proposed
resident e.
U) The •ariances requested are consistent with
variance: granted for upgrade of other residences in
the Baldur Park neighborhood in recent years.
E) The unique elevated nature of the lroperty 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 fc, the lake, and therefore
requires a longer driveway with its asscciated
hardcover.
Page 2 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ORONO
F) Granting of the conditional use hermit and variance
for grading in the 0-75' zone is necessary to al low
applicant to fill in the excavation that will remain
after the existing horse is removed, with a blending in
of the grade to existing contours. The applicants have
revised the house flans 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 tow -hardcover access to the property.
5. The Planning Commission reviewed application 01544 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
lermit for the proposed grading in the 0--75' lakeshore
setback zone will not he detrimental to the health, safety
or general welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other Manger to
neighboring fruperties, 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
c>f the Zoning Cude and Comprehensive Plan of the City.
Page 3 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ORONO
CONCLUSIONS, ORDER AND CONDITIONS
Based uton one or more of the above findings, the Orono
City Council hereby grants a variance to Municital Zoning Code
Section 10.22, Subdivision 1 to allow an encroachment of 2' East
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
Municital Zoning Code Section 10.55, Subdivision 8 and a
conditional use termit ter Municital 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 con..itions:
1. Construction shall adhere to the site t lar, 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 he 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 trutosea residence ter the site Elan,
Exhibit A.
3. Per attlicants' revised trotosal, 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 hack to ire -existing grades conforming with the
shale and sloFe of the Ere -existing totograthy. No cuts in
the 0-75' setback zone have been attroved for creation of a
walkout.
in the southerly 0-75' zone, grading is allowed as necessary
to minimize the length and slote of the driveway as well as
c he hardcover associated with it. Al 1 areas in the 0-75'
zones shall he immediately seeded or sodded after comtlet ion
of grading, and all gradinq work on the truterty shal 1 be
subject to erosion control measures as may be required by
the City.
Page 4 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -0 ii
a a�tlicant is advised that no additional hardcover
lbe allowed on this 1,roEerty in excess of that granted
with the current %ariance request, but any future Frotosal
to add hardcover on the frolerty might he atfroved only in
conjunction with concurrent removals of existing hardcover,
resulting in no net increase in hardcover on the troferty.
5. Applicants are further advised that the traveled lortion
of Baldur Park Road extends within the Eroterty 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 )f the current
variance aE�roval.)
6. Authorities granted by this resolution run with the
trolerty not with the atj licant, but are lermissive only and
must be exercised by at[lication for a building termit
within one year of the date of Council ahtroval, or the
sl.ecial conditions of this resolution will extire on that
date (July 9, 1991).
7. Violation of or non-comfliance 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 Eunishahle as a
misdemeanor.
A. The undersigned atIlicants 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 tro�erty.
Adot ted by the Orono City Council on this 9t.h day of
July, 1990.
ATTFIST :
NM thy n., City clerk ;Tan P. Grabeec , 40ayor
�n
Pro } e r t. y Owner (-------_ �- --- -- --
Page 5 of 6
i OF
CITY
ilk -A
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO.
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 Minnesot
municipal corporation and sai -strument was executed on beha:
of the Cit
TM� L HAAG
IWVAW � . MINNEBO
IMENNF-PIN COUNTY
Notary Pul)lic
STATE; OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this
��r I day of
in
i
fur)sail
199
y
befu_e me
&,Notary Publicwit
and
county, personal
appeared
L I 4` j c+ t'A � ,
�' I,, f h-L-
[.0
4 t i r _'. _
known to
me to be the �rson(s) dettribed
in and who executed the
foregoing instrument, and acknowledged that
he (they) executed
the same
as his (their) free act
and deed.
THERM L NAAG
IIOTMrHENNPUDW EPIN COUNTYSOYA
M►aannvwon ncp„a ►s d)
31'ATF: OF MINNESOTA
)ss.
COUNTY OF HENNEPIN ?
NOTARY PUBLIC
On this day of _ _ , Iyy�, before me a
Notary Public within and fur said County, f ersonal ly aEEeared
known to
m-e'to Fe the 6crsun(sT <,eescri �e'� .n ar—,T who executed the
foregoinq instrument, and ac•kn(.wiedged that he (they) executed
the same as his (their) free act and :seed.
NVTAF'_ PUBLIC
Paqe 6 of 6
RESOLUTION 42831
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the Ci'y of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes f the
proceedings of said City Council at a meeting of said City Council held
on ''.:ly 9, 1990 , 19 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness whereof,
j't_h , day of _
(3SAL)
I have hereunto set my hand and seal this
Awl USt . 1990
II
orotny Mr allin, City Clerk
5694427
115 11 A 569442 7, :12C $ 10 00
I Rf COU th
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AUG 21 Ph 3*- 11
sk li: 5694427
L6
7 7/
` CITY OF ORONO
LAND USE FILING INFORMATION
Prepared By: Carolyn Sommers, Secretary AUG 2 0 1990
to Nancy E. Husnik, Legal Assistant
Popham, Haik, Schnobrich & Kaufman, Ltd.
August 17, 1990
The following is a recap of the Resolutions submitted to this office
which have been filed with either the Hennepin County Recorder's Office
(Abstract property - "A") or the Registrar of Titles Office (Torrens
property - "T"). All original resolutions which have been returned thus
far from the Hennepin County Recorder's Office are so indicated and
enclosed. (N-Qte: Any Resolutions filed with the Registrar of Titles
Office remain on file in their office.)
RESOLUTION
NUMBER
2821 (Encl.)
2813 (Encl.)
2811
APPLICANT'S
Rodney A. Crawford
Walter Krahl
Wm. and Joan Wroblewski
DATE DOCUMENT
FILED ER
08-08-90 5689576(A)
08-08-90 5689575(A)
08-08-90 2115770(T)
The following Resolutions have been submi�-'_ed for filing but as of this
writing, we do not have the filing infoimation:
1. RAsolution 2806 (Harold and Merle Vogt)
2. Resolution 2814 (Wesley Ann Hallquist)
The following Resolutions have been submitted for determination of
whether the property is Abstract or Torrens and upon receipt of that
information, will be sent to the appropriate department for filing:
1.
Resolution
2825
(Steven Ruce)
2.
Resolution
2827
(Calvin Presbyterian Church)
3.
Resolution
2828
(David Filkins)
4.
Resolution
2829
(Ronald and Julie Prineas)
5.
Resolution
2830
(Dr. Roby and Jane Thompson)
6.
Resolution
2831
(Roger and Becky Berry)
7.
Resolution
2832
(Scott Prochnow)
8,
Resolution
2839
(Michael Hilbelink)
9.
Resolution
2841
(Lyndon Stubbs)
10.
Resolution
2842
(Lauren Born)
11.
Resolution
2843
(Richard Reed)
35ZNEH
1W
CITY OF ORONO
LAUD USE FILING INFORMATION
Prepared By: Carolyn Sommers, Secretary
to Nancy E. Husnik, Legal Assistant
Popham, Haik, Schnobrich & Kaufman, Ltd.
August 31, 1990
The following is a recap of the Resolutions submitted to this office
which have been filed with the Hennepin County Recorder's Office. All
original resolutions which have been returned thus far from the Hennepin
County Recorder's Office are enclosed.
RESOLUTION �APPLICA11T*9
---- —^DATE
'F�
nT __-
RUMZR - -
NAM -- — -- - -- --- - . I_ _- .
I'ILBQ - - -- -
WIMMRR. _
2800
Donald Olson
08-21-90
5694431(A)
2814
Wesley Ann Hallquist
08-17-90
5693338(A)
2831
Roger and Becky Berry
08-21-90
5694427(A)
2839
Michael Hilbelink
08-21-90
5694430(A)
35ZNEH
fi l-
S E P 4 18�i