HomeMy WebLinkAboutSubmittalCITY O! ORONO - VARIANCE APPLICATION
A
Initial Application Fee $150.00
($50.00 per each additional variance) '
Renewal Variance Fee $75.00
( no change from original application)
After -the -Fact Fees (Double application fee)
PROPERTY LOCATION
Site Address- 1 2- �� �- �'P
Property Identification Number (P.I.D.) f`2., 11- Z3 3� OCtJ�
Please check one - Property V/ abstract ar torrens?
Attach legal description to application if not included on
required survey.
---------------------------------------------------------------------------
APPLICANT �) c .. , r _. , „ i = <� t`t7 Phone ( home )
Name �-cal:--
�_._� �, Phone (work) 9%1W1(- 422P
64., Address: e City � r ' Zip:
--------------- — —�---- v--------------------------~�-----------------
OMtIM (if dif ferent than appl}' cant ) Phone (home) 4 1 I C 1 5 _S
LOG,C� �� 'VGlPC Y �Iwt�-
Name c �; ►� u C� Z Phone ( work ) ----
Address: 13` 2_6Acr�,. Q /AIGCaCity: Zip:
Date Property�-- Acquired ` A c 1 C1 �'i � (month/year)
I (do) do not)) also own the adjacent parce's of land.
P'RUMM M OF PROPERTY
Present Zoning District
Present Use of Property :P=C6c� f"f�M.L�_ Residential
Other (specify)
DRSCRIPTION OF RRVURST Zstimated Construction Cost =1f
cwc-
Describe request in detail:
---------------------------------------------------------------------------
VARIANCRS REQUIRED
Lot Area _ Lot width Hardcover
Setback Variances ( Front Side &K,=)
Other
HARDSHIP
Describe undue
enforcement of
hardship or practica
zoning regulations
wdifficulty resulting from str.',
-------------------------------------------------------o------------------�
DESCRIPTION OF UNUSUAL PROPERTY COW)ITIOHS
Describe unusual property conditions pre enting compliance with Zoning
Code Requirements:
Y�
RMUIRW SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
sized en
3. Stamped, legal envelopes ((t10) pro -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
S. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
rs 6. Plat Map (obtained with property own'
leasetattach a :-eoarate list of
7. As an addendum to this application, p
any other persons you wish notified of this application.
8. Additional items as may be requested by City staff.
-------------------------
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included. ---- ---------
__ _ ___ __ _ -------------------
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
-- -------- ---------------- ---------------------
�APPLICANT'S 3IGNATORE -
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay all fees 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
oWKWS S I GNIITURE
The owner hereby a(-kowleciges and agre_s to this application and further
by
authorizes reasonable entry onto the property City staff, consultants,
for purposes of investiga-
agents, Commission members, and Council members
tion and verification/qf this re est.
i I I� j x
I -� Date rvC �
owner's Signature -------------------------------------
__
Applicant must have all submittals irYto the City offices 25 days before the
Planning Commission Meeting. Planninq Commission Meetinqs are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Plann.ng Commission and Council. If an applicant is
unable to attend a scheduled meetinq, please make arrangements toih�ve�nQ
authorized ¢ attend in your place and to advise the euildinq
Office of this change prior to the mi►etinq.
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Riyhts of subiects 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 regires council
action to approve, some information may become public.
5. You have certiin rights un c M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth -re required to process
this application or permit.
i.rs
Address
Date of birth• not apply to building/general permits)
- e_
Phone
I understand my rights as stated above.
X ir-
�rr —9natu—re
LAKE
EXHIR rr,
RUN DATE 11/19/8r
HENNEPIN COUNTY PROPERTY INFORMATI(N. SYSTEM
REPORT NO. P1435401
•
PROPERTY OWNERS LIST
PAGE 11
BATCH 004
38 08-117-23 31 0001
38 08-117-23 31 0002
36 08-117-23 31 0003
•
PROP ADOR
01400 BALOUR PARK RD
013% BAIIUR PARK RO
01392 BALOUR PARK RD
OWOTER NAME
CHARLES B REID
TERRIS M SADLER
R H BERRY A B S BERRY
TAXPAYER
CHARLES B REID
TERRIA M SADLER
ROGER H A BELKY 'J BERRY
NAME/ADUR
1400 BALOUR PR RO
1396 BALDUR PARK RD
1392 BALDUR PARK RD
MAYZATA MN 95391
MAYZATA MN 55391
WIAYZATA MH SS391
• 36 08-117-23 31 0004
PROP ADOR 01384 BALOUR PARK PO
OMNER NAME. D ♦ V KEESLING jR
TAXPAYER OONALO/VIRGINIA KEES1.1% JR
NAIL;ADDR IS" BALDUR PARK RD
WAYZATA MN 5S391
•
3e 08-117-E3 31 0007
PROP AMR
00038 ADORES! UNASSIGNEO
OWNER NAME
WILLIAM J M FRANKLIN
•
TAXPAYER
WILLIAM J M FRANCLIN
NAME/AOOR
BROADWAY SALES
1009 M BROATTMAT
MPLS MN 55411
•
38 08-117-13 V 0031
PROP ADOR
000S6 ADDRESS UNASSIGNED
•
OWNER NAME
PUBLIC ACCOUNTING SERVICES
TAk,)AYER
ESTATE OF E01NA,#M SPYNDLER
NAME/ADOR
C/O LARKIN, HOFFMA►i, DALY
7"S XERXES AVE S SUITE 1500
BLOOMINGTON MN 55411
• PROP ADM
OWN NAME
TAXPAYER TOTAL BATCH 004 60011
NAN[.i A0011
•
38 08-117-21 31 0005
01376 BALOUR PARK RD
MENDY L ME!HE ET AL
WIENDY L NEIHE/THOMAS B NEINE
AND GMEN E MEINE
1376 BALOUR PARK RD
MAYZATA MH 55391
38 08-,17-23 34 0017
01408 BALDUR PARK R11
jAMES P MERNER ET AL
JAMES P MERNER
1406 BALDUR PARK ROAD
MAYZATA MN 55391
38 08-117-23 34 0032
00036 ADDRESS UNASSIGNED
PUBLIC ACCOUNTING SERVICES
ESTATE OF EDWARD SPINDLER
C/O LARKIN, HOFFMAN. DALY
7900 XERXES AVE S SUITE 1500
BLOOMINGTON MN 5543i
38 OM-117-23 31 0006
00016 ADDRESS UNASSIGNED
WILLIAM J M FRANKLIN
WILLIAM J M FRANcLIN
BROADWAY SALES
1000 M BROADWAY
MPLS MN 55-..
38 06-117-23 34 6018
01404 BALD'R PARK RD
CHARLES AFF.AS
CHARLES AF IAS
2634 JERS,Y AVE S
ST .OUIS PARK MN S5426
38 08-117-13 34 0033
20038 ADDRESS UNASSIGNED
HAROLD R KITCHEN
HAROLD KITCHEN
BOx 4►6
NISSWIA MN %444
•
RUN DATE 11i19 ma
• BATCH 004
Oil
•
•
•
•
•
•
•
•
•
•
•
HEINEPIN COUNTr PROPERTY INFOOMATION FYSTEM
PROPERTY OWIERS L1"T
REPORT NO. PI435401
PAGE 12
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ADO TRUE
REPRESENTATION OF JWQ"%TION AS IT APPEARS THIS DATE ON THE WCOM
OF THE Hf►W PIN COUNTY DfPARTNEHI Of PROPERTY TAXATION. TO THE 9tST
OF MY KNOM FOU AND 24LIEF.
Adjacent property owners' Acknowledgement Fora
I (we) Q t , ICf tt, i rC of %_-_6 4_. f -Q Ve
#pri4ti4
nt name sue— Tprinj addre J P�
have reviewed We plans for the proposed improvement or proposed use of the
property located at also referred to as Land Use
Application No.
I (we) understand that in executing this acknowledgement, I (we) am
(are) not asked to declare approval or disapproval of the property or use
but merely to confirm for the City Council that I (we) am (are) aware of
the improvement plans and that the propo*•-i neighbor's project or use
requires Council approval.
Pfoperty Owner Date
ll/=-1
RQ�4rity-=*r Date /
If you have any information that may assist the City in the review of
this Land Use Application, please submit your comments to the Building i
seeing office at least 10 days prior to the scheduled meting date.
91
CERTIFICATB OF NAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN
CITY OF ORONO )
1, Jamie eosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning .he matter of 11363, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this Sth day of January, 1989.
Jam �osma
CITY OF ORONO
NOTICE
The Planning Commission w.i11 hold Public Hearings in the Council ':'amt)-rs
at 1275 South Brown Road on Tuesday, January 17, 1989 on the matte- of
reviewing the following land use applications:
1. f1359 David Lindstrom, cf 1315 Woodhill Avenue, seeks a front
street setback variance and a variance to the required separation
setback between structures for a proposed addition to the existing
residence.
2. #1360 Robert Merkow/John Charlton, of 2340 and 2380 Abingdon Way,
have petitioned the City to vacate portions of drainage and utility
easements along their shared lot lines as a realilt of a recent lot
line rearrangement.
3. #1361 Orono School District 1278 has petitioned the City to vacate
drainage and utility easements that intersect the property located at
980 old Crystal Bay Road.
4. 11362 Paul. Hauser, of 2801 Casco Point Road, seeks an average
lakeshore setback and hardcover variances for a proposed addition o
his existing residence.
5. 11363 Roger and Becky Berry, of 1392 Baldur Park Road, seek
--K&Y�MVO variance in the 0-75' and and 75-250' setback areas, an
average lakeshore setback and a variance to the required 75' lakeshore
setback for new construction within the lakeshore protected area. The
-oposed new construction involy-s major upgrading of the existing
residence with the proposed expansion of the existing buildinq
envelops.
6. 11364 Edwin Gage, of 460 Tonkawa Rdad, seeks approval of a
conditional use permit and variance for the construction of permanent
dock located within the lakeshore protected area.
7. 01365 Warty D. Schneider, of 2180 North Shore Drive, seeps a
conditional use permit for a duplex use of the existing structure and
a variance to the required setback to an adjacent commercial or
industrial district.
All persons wishing to be heard will appear at this time. written comments
are solicited. Plans are available for review in the City offices, by
appoint
City of Orono
Ny$ Planning Commission
G.
JoanO A. Mabustl
building & loning
Administrator
To be published the week of January 2. 1989 and January 9, 1999.
CITY OF OROPOO
►V ' \ NOTICE
k.
lwW PubMt
t The in � OcuncO pIVAWI N , 216
OV* drown now an TWONW. jW%'Wy 17
row an the 11018 of rVADSMtO tfM tosrnww
and e tenors, Of 1310 woad
Av~ 600" A Mora arMi a"90 Wort.
.nos ono a rrtarrDe to ad
wlbWA saWralrh ttbtrohrras
.~ to 111a otlattat0 faekW"
2 No I no ftearl M " wM tea �
of 23W end 2"0 A ftOftn
q e "MA or a raoanf toil WA e
No 27
3 No 1301 Cht>+� StwW 01ahr1,
•toe Wff orwd the C*Y to vacM 4640 dg No
seasetartte 11W 1 *Wow Ma Orowty 10
cello r 00o Oki Ord Oft ftow
of 2aUt i)esoo
a N. 1302 000 �
t or+l flood Ot1Me fn a+ande W.OWW►a ovalw*
rrrd rlrao�o„r �� far � P :red ddekx,
to to t d0ahy anti of 1392
0t1ei' rtreawr vrwtoe tt+
the G )6 rd 76"2do 0e"Mb ease an aor"
110100cr and a vanrrbot tD the raOP .
N t* taxesho'e tatbac► 'of 'N+
off' darn the 4f*aMara orb
W" no1ww oWW"Wator�
r-d•r1d/ 00"
we .� hANOV
tt:adN« "--- + o'er'A O•
sift and aO�t W to 00 OarwTuc tK,r , of oar^+e
ttdfN flan►
»ajad W~ the iwesnw•
Vaa d 7taC
°� t ere is Mr�r s tlorxw�dw
NNew Shona Ottea goo" a corwo o tat use ter
ia1 for a auoao ,we of ilia DWWWV set ok- No
a 1A..- 19 the raauead pIDWO 10 M 0*0
W" os ow" a WWAWW dimic
Aa MOM ww 10 as Mlle va sown at
11ea lets NMra11n tlerrr+atda w asasaaa
P1r»
era saws Mr 'rfrraw r so oaf' oMtaee w
JW4W
NV P%V" a calf —maw
,wtrre A McOuefh
MhOW8rsaw t1r 1.a1tM sA..1MrM .M� a wt.
58 s -lw►
F�'hk,7/
r1 �Affidavit of Publication
Mate of Minnesota. County of Hennepin
.,, 4 I
ill Holm, being duly sworn. on oath says that tie is
authorized agent and employee of the publisher
`IL the newspaper known a5 THE LAKER Mound,
Min-nesota, attd has full knowledge of the facts which are
stated below
A ) The newspaper has complied with all th.; require-
ments constituting quallftcations as a qualified
newspaper as provided by Minnesota Statute
331 A 02, 331 A 07. and other applicable laws, as
amended
i
B ! The printed L&N, 4 ` 4`
h
which is attached was cut from the columns of said
newspaper and was wanted area published once each
week f or_ __ __suc ceasly a weeks
It was first published Monday,
J a`
the day of 1_N_' - t A�
and was thereafler panted and puDHs *d every
Monday. to and inciudmg Monday
the fty of
,oOft%,� WJP.:MA A MAUS Authorised Apsrrt
-1 NO OPV PVf►'C - .t:;.WA
w W, Z 1 . • ��
Stubeart od and swam to me an 00
17_ oar Of
P art" tits'
Ilse* ►ftfonwaSrtew
- t �eowe d0INNIN00 rasa lima " - GWIW W Vt rM0 IW a 'd
we atraad as so ode pan
tpt 01 ofta rM0 OWN" of aw far ache NAMW so so so M,
to ROD aintiiiiair silk I" for 40" mom N so ow aim
GNP 400ltdM NA08 Vrd wino 93 Jo ow 040
sr�-� r�twi - r�sdrn
�iiE:.o Pos cry►
(4- C =-
j;s
z o3y,
12
piapAir
yq YO,
� I �0- 0!0101� V50 w 31 , � 7,0
+
slev,"VA IL
c.c ewe ra eikj A e. oo r
o �w -.�.�. ace•
? S /� , a t'br C tom► ,*�
io9r°�,�1
Pole
HARDCOVER REGULATIONS AND WORKSHHE'1'
A. HARDCOVEM ORDINANCE - In 1975, the Orono City council adopts y do 0' M1Aance-!#u+tisj�.....
the percentage of lot arc, that can be covered with impervious surfaces ("hardcover')
such as roofs, driveways, sidewalks, etc. on properties located within 1,000 fast of
a lake. Studies have shown that sediments, tile, and debris carried into the lake
from highly urbanised areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
Cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED
I. 0-75't in the area within 75' of the 1 akeshore, No Per is allowed
(0%).
II. 75-250': in the portion of the lot located between And 250' from t'le
lake, 259 of that portion of the lot may be hardcovered.
III. 250-5001: in the portion of the lot located between 250' and 500'feet
from the lake 300 of that portion of the lot may be hardcovered.
IV. S00-1,000': in the portion of the lot located between 500' and 1,000' feet
from the lake 330 of that portion of the lot may be hardcovered.
NOTLt These regulations apply even if you have a lot that does not abut the lake but is
within a lakeshore zoning district.
C. NOW TO DETERMINE LOT AREA WITHIN EACH SETBACK ZONE (To be used as denominator in alI
hardcover percentage calculations)
I. 0-75' Zone
Area - 75' x CAverage width of lot in 0-75' zone)
measure parallel to shoreline J
(Avg width) Area of 0-75' sons
II. 75-250' tone
Area - (1751or avg lot depth in zone) x(Avg width of lot in 75-250' zone\
`` s�easure parallel to shoreline J
175' x ft. - •.f. (2); ^�
(Avg width) Area of 75-250' zone
in. 250-500' Zone
Area - (250, or avg lot depth in zone) x�Avg width of lot in 250-500' smo
susure parallel to shoreline J
(Avg width) Area of 250-500` zone
Iv. 500-1,00, Sane
Area - (500' or avy lot depth in zone) x/Avg width of lot in 500-1000' son*
l seesure parallel to shoreline 1
500' x ft. - s.f. (4)
(Avg width) Area of 500-1,000' zone
D. HARDCOVER CALCULATION SUMQKARY
A. B. C. D.
Existing Final
Lakeshore Existing Hardcover Proposed Hardcover Allowed
Setback Lot Area Hardcover Percentage Hardcover Percentage Hardcover
Zone In Zone In Zone (B/A)xl00 In Zone (D/A)x100 Percentage
0-75' 12.�!W— of of of 0 1
75-250' et1lY1 •fSf �.r2 1 25 t
250--500' [�� of of _ t of • 30 t
500-1000, of of t of t _ 3g t
RARDCOVER LIMITATIONS
,t
r�"o
X
\, \` �\ 1►`'�°pro
ROAD
HARDCOVER INCLUDES:
- Structures with roofs
- Decks, even if slatted
- Sidewalks
- Driveways (paved or gravel)
- Decorative landscaping areas underlain Cy
plastic sheeting
- Tops of retaining we s, rock walls
- Any other surface that does not allow direct
absorption of rainfall into the ground
3, ON= LAXESBOM REQULATIONS
89C. 10.22, RtGOI.ATIOWS FOR 'Llt-IA', 'LR-IA-1', OU-19', 'LR-IC* AND 'LR-1C-1' 011
FVIbT LARSBRORs 1128IDZXTIA-L DISTRICT. Within any 'LR-W, LR-lA-11, 'LR-19', 'LR-1C1, or
'LR-IC-1' One Family Lakeshore Residential District the following regulations shall apply:
Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for
lakeshore lots shall be at least 75 feet and no building may be located closer to the
shoreline than the average distance from the shoreline of existing residence
buildings on adjacent and nearby lots.
Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there
*hall be no excavating, fill inq, hard cover, temporary or permanent str jctures.
Within 75 to 250 feet of the shoreline there shall be no greater than 250 hard cover.
Within 250 to 500 feet of the shoreline there shall he no greater than 300 hard
cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 350
hard cover.
Subd. 3. Tree Removal Requlations. No trees within 75 feet of the shoreline
with the diameter of six (6) inches or more shall be removed without first obtaininq
a permit from the Council.
HARDCOVER CALCULATION WORKSHEET
Setback zone: (circle one)' OV79' 75-250' 250-500' 500-1000'
Existing Hardcover in !one
a. House —f-4 x �`(�,, _ _ Zua.f.
length width
x s.f.
x • s.f.
x s.f.
x s.f.
b. Gauge x
C. Driveway x
_ — x -- ------ s . f .
d. Sidewalk x - s.f.
x s.f.
711
e. Patio/ M_
Deck
x . s.f.
f . Landscape_ x- e . f .
areas
underlain
by plastic
4 ,� J
sheeting , � a + s.f.f
x s.f.
f. Other ! _ �� -� ■ . f .
f� x ...___ • a . f .
i ) TOTAL 6XISTIMG NANDCOVIM IM toNg a,f, (I)
Existing Hardcover t - Total Existing Hardcover x 100
Lot Area Within Zone
7L.
Additional Hardcover to be added in cones
— Item Length x Width
TOTAL
s.f.
i
t- 2, x
-- — x
s.f.
-- x
s.f.
TOTAL S.F. TO HE ADDED
Existing Hardcover to be Removed, if any:
Item Length x Width •
TOTAL
s.f.
c_..y x
s.f.
x
s.f.
x
s.f.
— ---
C� TOTAL S.F. TO HE RF•MovED
�_244
(3)
Final Hardcover Proposal:
4�
ILine (1) + Line (2) -Line (1))
Existing To be Added To be Removed
Final too
Proposed Hardcover t 9
i ne x 100 • MAI f
x 100 •
!
Line (1) .5(0lj(;+ a.f.
�idi'da.L
HARDCOVER CALCULATION NORRSHIEET
Sfttback lone, (circle one) 0-75' 75-250, 250-500' SOO-1000'
Existing Hardcover
gin`=one t
"-L- —�.� - - 2�IG�
a. House x s [
length width
x - __-- --- s . f .
x __--_
• __ ------
s . f .
x
• _
s.f.
b. Garage �� x
. r� .4
s.f.
C. Driveway
1
a.f.
a.f.
d. Sidewalk x
'.f.
s . f .
e. Patio/ x s.f.
Dec k - --- -
x • s.f.
f. Landscape frME:4
s . t .
areas —
anderlain x s.[.
by plastic
sheet Ing - x s.f.
f. Other x - s.f.
x • _ s.[.
�) ?"AL tX1STIM0 MARDCOVIN IN go" - 4ie.� s,f, (1)
Existing Hardcover t • Total Sxisting Hardcover x r00
Lot Area Within Zone
-s . f . x 100 % t4
s . f
Additional Hardcover to be added in zones
Ites Length x
-
Width • TOTAL s.f.
x
�s.f.
�t:A
IC x
x
s.t.
'
TOTAL S.F TO BE
ADDED � (2)
ExistingH//ardcover to he Removed,
is anye'~:.d
-
i
Item Length x
Width TOTAL s.f.
tc --_— x
s . f .
L ) TOTAL S.F. TO BE
REMOVED /�`,
1 31
Final Hardcover rroposall
(Line (1) + Line (2) -tine (3))
.
Existing
To be Added
To be Rei*oved Final
Proposed Hardcover t - 3 1 /Zj
a 100 �A24V
•ria....v..a krwr., - 131? SAL M-A ritK r8*.
■ %<A -sue. ' Cso •w) • 3iv6 • �°ter . _.S. e . i
A. W&#Wvvvve
Lv,vrkAy y1--21
a
le .r' - L
3.1 iro -L
y IBf
Pllt n°..a M
wt L ! 7.CYb • 2T. r yi
t. '•ww►u If6eoeaal2 -1 NO
CMMuC+E iS• / '/.
�. 'f! • = CO ypr•t : //sIA •.a ...e..r , 2✓ /a. w •�'
'24r/If rC,:D� a 1
f lYr.•fN6 tl�lrteVlR
.t7
✓1
D�
-i : S . r♦
i
Y:
t..,c s,c•t•S .�1
1�
Rr
__ iMa P r�
•,
qs
i•arw�
:M'vrv..q
.L 1 •,a
.j
1�a
Y>a•.•M. n >aa►
M•..r I.,. . • t V
t ��
•..1. i r • o
GL?
r'!k'
3 so
t Ll .7'i► . v �rp
..t2 0•�� rsRr11 (.°�r1!��Y.i 51L1 al
/snf Tv o �r ' s9o,( <a.ssR .! G•r cr.)
or2S
y-60
G /I✓11
36;
M rirtl
ti06
J• iu 4.10
! 2p
'-VMS 7D 04#m&N
"CA
--� i
-=, l "7 f • A+eM/ i 4Av 4 r 9: /r /0.' : 77 STi t
A t,,j,7r>C. >mAxGIjfR
f►srr►ti-,w+,to /6/?4 r 4?4 • -
)f4L
R•u� ws• � 3 ,�z' �-s
irt. /J&(&GBut+e
--v Lt 6 •;, p' 7i Y
Mrj� fit• b �7
i••..rt t•i we >•cK.tt •r 3�r. �1
^ f - 2 30 ,t wf /,p•7 N C .,-CAf ACP OF id a
n,cea !S9a sl
TbrP,l VJ:r1>+4 NC pr. II.FM`I t•�
1f 4Lc*—VG sr., Dvv"t.c.
"'•� N C `A.pVOLCS ur+ o•I►4�t1 /Ri /•afi
F/V i T 1 r. c. FM>•w rF • wr •w.(wt nJC r. /4 oM+af s
583
P�Mofrte •s.awt... OF :.w•c �e c,.,�•.7.
•'Sl wf—Anw.AmUa .
�t�l.sTi• ,Ir•1 lbalb' •�Z
Y9 a 31�
rod Ce► 0 40 av ./ A.� o .� v Vise, ct
/v r , am M�•� s f
► A%z ce-jc4 7t - s r Nlatacovdt a a TWA t
i 4bb"--s yR. L.or A2eA U-%S'A+trfA Au..•rp AaeA At,csweb jor-AoEA mAoC&dv"e'6 '
1
13,WSo /O,DOO 30.0•': 2hSD • 1/,1•0
NV l2�t•T� '7,SD0 — S
19183 13)�D0 rO O'/. 9,-7ro 33.(**/. 2y.3% +L-770 ,
05-7 It, 6,00 3,-71-0 3.3•/. i,6To 39.-) V. Z$.r Y. A►,ar
lNOs Moir 1. ,Nj 3,'7SD 00/. n,Zsn 3�.5% 2s.1 % «"7
/y� i )18g I►, ►17 3, az3 07, -7,zq 3�, o X. '
y
- -- -- 19b`j i�,►UO 3.7yB D'. 6,3t2 .70. o
/y2o N 19e'? 9,G,00 3 -,sue l• 3 5,ezo SD.
- -ji$I 8lyoo 3,�s-0 8% N,6SD 3S•9 �• 23.y% t7yf.
1y28 ~ ~ '� molt 1?/n,�^O 2-.3y
_._�y;t • /f!� 7,6'ILA 3 ,,0 ?Y.Y'/. ` ORS `l2.3'/. 3a.(.
1gN5 Cn.,to2biA 2'7 /, •��• .2 /. .
2.1 % — Z-7 '/. 1tsr)
11 s t 1957 13, 90c 17, -1 '/. 3 y. -1 /• 2.-1 / • /14/
Iglt 1015-7 '-,L2. (o'/• v4--n Z 9.9 '/. 2-1 % It 9�z
lift 1
_ IhAB Z3,•/o0 73,�/^° 20.5 �0 24.56/. #vstc
3S SO ar. sw• N0; -7�.330 'l, �•� z0,0 •/ YQ_ St . �. _ r
1 -i st S .2 . LI 21 9 Y. !► t:.
1'110 SMt,Otiwf: t4A� 1(.i840 (,)gr�O /7. ��. / o,a'00 Z9,0 ?�{.S r I:HY
Stec ►:MORp �R /�$3 g qoo sro•c. •
'I c A 7L3
,H#► 1.. -rma A, 07 < < «w.{. fir, aF •/, ----1► 3 6. L ��.
,A�e1�c ov I-4jFvirw - 1 312 &Attu oe Fiat rC re-h
% S , SO�rrN �x � L uD I N L -r cAv&--L. �o�►w �^!
s (XSL�
A , &isn N C Nacaco ✓e w
ILrjs�` 2.
i )e
v0OR r70v.), OF
-------------
2_S, 1 �.
� J
/ay ? 7-rya = ZS. l y.
� . P�ras� N cov erZ - xo C.o va 1�,v 2 S• I V.
i ZL(,x/ 2-S7 = e;7, 4'Do s .
A otsrN+G► coves
�� .. /Ap . (SAA . / z x�.s Q = 300
)r ' = b 1
Ckb
Doe I v ew $1 2. ,K/ f
3 )era— = 372
i r &. s- 0 = Z0 c
S^r�►�s '7 r
ftw"*#j pF AAD440
!tit-4- 0.0. NJX Z ( , f- (f)) - 7 O�
GoA^JPL AAO►-f4
CIO
y/ lO
1r10
�YIM"
40 P o s r►1 c� c cav r2
h`
1 N Pocc�t �- G,A&
P �o xq G►
to ��
f 20 1�-2
Q PY33
jll� I r�s to lL�wN
Szoo
3`3
q o co
o i Zp
Go�f3 S�.
A . exi srt"c,. 1covrrz.
�rNPs q r3 12.
l�W At# A
G*117-?170
tPR-oFo sc& j tAua covr
%*WSr
Y
-� S S0w.r-*
p - ? s , Nop'ry
-TV
67esr-7�.r G.
V1,40i'glow
nSe*fis
C -771 ' ZD"t S ; t)vrr PC DPS 04•S E OF 3 5 S-� ,
E: N �?"i t+ /" C Af AS IF P F /; 3 3 t L
p VC
'f ofid..� �- C. /� tc.o ,...� � o� o��ns�, PrLoP�'r�-`9►
�(/STt N C- o� 4 f �. Ttit�c.4t. j-�C. o,•► �,ri �rr1 �-jr
Z°1
(,-)COO Is .4. A
f X*eoSWt> AF �AA C . #L •r a P M'l .
V1,40i'glow
nSe*fis
C -771 ' ZD"t S ; t)vrr PC DPS 04•S E OF 3 5 S-� ,
E: N �?"i t+ /" C Af AS IF P F /; 3 3 t L
p VC
'f ofid..� �- C. /� tc.o ,...� � o� o��ns�, PrLoP�'r�-`9►
�(/STt N C- o� 4 f �. Ttit�c.4t. j-�C. o,•► �,ri �rr1 �-jr
Z°1
(,-)COO Is .4. A
f X*eoSWt> AF �AA C . #L •r a P M'l .
oc der -of
wow )c art A�oifvv-tl
Fort 7C"' s er✓Ac._ - TWIMn
r sv steer
^#4r - Tmew S oww Socr' eLevt &o,..
,�.,,.� o�- wwc�.�r• � ��► � o G_ , of �/s'r7N �. M �
-nna -1 n 7`m, it , !' i nne c c to
31, Atj",' A
E. it -o
.yor,e
ej
O
OP
/7
40*
0
C--rtlf este of s Lvey:
Z f3S�
I hereby cer' i fy that t ii s 1e o, L� >» nrd correct representation of a
sioVq of the boundaries of Lots 17 i l8, Uock 1 # He ldur ?Is rk, the Inca-
ticr of ca
all existing Lulldingr therenn, and the proposed lotion of a
proposed building. It dons not nur-3ort to show tumvveasnts or encroachmerts,
except an existing rood on the srn,thwectorly line of seid lots a a f nce
line near the northerwortrly corner,
mg?WOAIO� le- -
see let 1" - 5r� co oo R. 4ffln Rag, 4
Ibtie : 7-3C-73 tend :.—veyor and Planner
o i Iron mrkRr Long lake, Klm esntw
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 98323•Municipal Offices
On the North Shore of Lake Minnetonka
December 29, 1988
Rod Lund
Woodridge Corporation
10800 Lyndale Avenue South
Suite 234
Bloomington, NN 55420
Re: Berry Residence, 1392 Baldur Park Road
Dear Mr. Lund:
We are in receipt of your application for a variance to construct a
new residence at the above referenced property. This application is
scheduled for a public hearing bifore the Planning Commission on January
17, 1989. That meeting starts at 7:00 p.m. in the Orono Council Chambers
at 1275 South Brown Road.
There are a number of additional items that must be submitted in order
for your application to be complete, as follows:
1. The request is for not only a hardcover variance, but for
variances to the required 75' lakcshore setback and encroa, went past
the average lakeshore setback. The two setback variar oqether
must be considered as a separate add -on variance, and res an
additional $50.00 application fee.
2. The only p,eliminary plans on file show just the elevation view
from the street, and the main and upper floor plan. Please submit
elevation views of all four sides of the proposed residence, and show
a basement plan. Additionally, please show a cross section through
Phe "loft" area, so that we can verify whether a height variance is
necessary.
1. On your proposed site plan, show the proposed contours and any
grading or retaining walls that will affect the property. Mote that
any reshaping of contours in the 0-75' setback zone requires a
conditional use permit. Also be aware that any excavation in the 0-
75' zone to change this into a walk -out lot would likely not be
approved, given the tenor of recent City Council denials of such
applications.
1K)KAMG a 10MV4G - 47 Y7 33 7
AMISSNfIG
ADMINISTRATION a FINANCE - 473-733S • PUBLK WORKS - 471 7 339
Rod Lund, Woodridge Corporation
Re: berry Residence, 1392 Baldur Park Road
December 29, 1988
Page 2 of 2
It is my understanding from our earlier conversations that the request
for a lakeshore setback variance is due to the locations of trees on the
site, which you wish to save. Photographs of the site as it exists and
showing these trees will be helpful in describing to the Planning
Commission your reasons for the setback variance request.
An additional subject that potentially will become an issue is
retention or demolition of the existing detached garage. G?.ven the fairly
substantial hardcover increase proposed in the 75-250' zone, it would not
be surprising to have the Planning Commission request that the detached
garage and its associated hardcover be removed.
The items noted above should be submitted by Thursday, .nuary 5th, if
possible. It would also be helpful if you and the property owners could
meet in my office Thursday the 5th or Friday the 6th in order to discuss
the various aspects of your request.
Please contact me at 473-7357 to finalize a meeting time and date.
Sincerely)
f / t
Michael P. Gaffron,
Asst Planning & Zoning Administrator
MPG/tin
cc: Roger and Becky Berry, 1392 Baldur Park Rd, Wayzata 55391
To: Planning Commission Chairman Kelly
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: January 11, 1989
Subject: #1363 Roger b Becky Berry, 1392 Baldur Park Road -
Variance/CUP - Public Hearing
Zoning District - LR-lC, single family, 1/2 acre, sewered
Application - Request for variances for hardcover, lakeshore setback, and
average lakeshore setback. CUP/variance for grade :.hanges in 0-75'
lakeshore setback zone.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
exhibit D - Neighboring Property Owner Acknowledgements
Exhibit E - Survey With Existing Site Plan
Exhibit F - Survey With Proposed Site Plan
Exhibit G - Preliminary Elevation Views
Exhibit H - Preliminary Floor Plans
Exhibit I - Proposed Grading Plan
Exhibit J - Hardcover Calculations Submitted
Exhibit K - Hardcover Review by Staff
Exhibit L - Baldur Park Area Variance Listinq
Pertinent Facts -
1. The prol-erty is bordered on the north and south ends by Lake
Minnetonka. Per staff calculations, hardcover in the various zones is
summArizea as follows:
Existing
0-75' (S ) 1,e93 s.f. 725. 1 % )
75-250' 4,1.10 s.f. (26.5%)
0-75'(N) 697 s.f. ( 8.8%)
TOTAL 0-75' 2,590 s.f. (16.7%)
(N 6 S)
Proposed
Zone Area
1,893
s.f(25.1•►
7,5TF .f.
6,043
s.f. (39.0%)
1.5,500 s.f.
362
s.f. ( 4.6%)
7,950 s.f.
2,255
s.f. (14.6%)
15,498 s.f.
In the 0-75' zones, there is a net hardcover decrease of 335 s.f. The
75-250' zone, there is a net hardcover increase of 1,933 s.f.
Overall, there is a net hardcover increase on tTqj7jroperty of 1,598
s.f. Please review Exhibit K for a more detailed layout of hardcover
on this property.
2. In the north 0-75' zone, the existing house encroaches 19' into the
average setback zone. The 1Loposed residence will encroach
approximately 9' into the average setback zone, with decks encroaching
approximately 11' into that zone.
Zoning File #1363
January 11, 1989
Page 2 of 4
3. The existing residence encroaches attraximately 15' into the 0-75'
lakeshore setback, the existing house t;e•irnq 60' from the normal
shoreline, with a deck being 59' from the shoreline. The trotosed
house at its closest toint is 69' from the shoreline, with a deck area
that averages 65' from the shoreline. The trotose•d house construction
results in a net decrease of structure in the north 0-75' zone.
The attlicants are aware of the City codes requirinq tlacement of
structures ,o meet required setbacks when starting from scratch.
However, their irtent in requesting the lakeshore sett,ack variance is
to treserve a 24" diameter red oak tree at the southeast corner of the
house. Moving the trotosed house 10' back to meet the required
setbacks would likely result in destruction of that tree.
4. Grading tlar. Staff requested a detailed trc-tosed grading t lan for
this troterty, along witJ elevations of al 1 sides of the house, to
verify how grades wi l 1 he changed. The new residence wi 1 1 he much
larger and stread out than the existing small house. The attlicants
are trotosing to make some grade changes near the house and in the
driveway area to accommodate the -A r house layout. The driveway area
will he filled with 1-5' of material in order to even nut the slote of
the driveway. In the south 0-75' zone, the grading consists of
fi 1 ling above the exis' ins driveway as much as 3', Catering down to
original grade about 50' from the shoreline. In the north 0-75' zone,
the attlicants are trotosing cuts of attroximately 1-2' starting about
45' from the shoreline and working into the hill. The intent is to
create a walkout level. A portion of this t rotosed cut is already
t-.asement area of the existing house, so the actual amount of dirt to
he moved in the north 0-75' zone is estimated by staff a+ between 75
and 100 cubic yards.
The City Engineer has been requested to review the' t.rotosed gradinq
t lar, and his comments are extected to t:e• received trier to thtx tuhlic
hearing.
Discussion -
Again we have before us a request for it ion of an existing small
house and construction of a much Iarqur reAsidence, can Raldur Park Road.
This re-develotment of the Raldur Park ter:r.aula t!as peen occurinq at a
steady rate of attroximately one residence ter year. The current request
is familiar it nature, but the troterty is unique within. the Raldur Park
area thecause it is a double lot witt: average width of lust over 125', anti a
total lot area of almost three-fc,urtt}F of an a rt,.
The new residenct- is trotosed tv sit c,n 1,ol rAf ►ho hi 11, which Is also
unique within Raldur Park, And att l icarits de nc;t intend to crake mayor
changes to the character of the lot. -heir rain reasor for requestinq the
lakeshore sett,ack variance is that mcvir:q the house further south would
encroach ut on the t r ev i ous l } mentioned oak t rue , which with the etht y noted
mature- trees c•n the trc�terty helt tO IT -Ask the- hc.ic?ht cf ritruc•ureys or the
hill.
Zoning File #1363
January 11, 1989
Pages 3 of 4
Staff has suggested to the builder that the house oltional.ly could be
moved further west up to the required 10' side yard setback line, which
world allow the possibility of meeting the required 75' lake setback. Due
to the jug in the southeast corner of the house, it is likely the tree in
question could still be saved. However, moving the house behind the 0-75'
line does not appear to negate their need for grading in the 0-75' zone if
a walk -out is to be constructed. The main floor of the house is already
intended to be about 3' above existing grade in order to minimize the
extent of the walk -out cut.
In recent years the Planning Commission and City Council have taken a
fairly strong stand against cuts in shoreline setback zones to create walk-
outs. A case in point is the Waters' application on Casco Point, in which
a walk -out cut (admittedly more severe than that proposed here) was created
without proper permits and eventually was required to restore to original.
grade. A second similar situation is the Waldron application on Fagerness
Point, where the property owner was denied the right to cut down his yard
area, in conjunction with necessary shoreline bank repairs, to create a
walk -out. The difference, if any, between those requests and the current
application is merely a difference in magnitude of the proposed cuts. From
a drams,sage and infiltration standpoint, the walk -out cut should have on..y a
minimal effect on quality or quantity of run-off water entering the lake.
In the south 0-75' zone, the fill to a--commodate the revised driveway
seems somewhat extensive and the proposed driveway grades are rather
severe. Run-off rates may increase. The driveway apron would appear to
assume a 10% slope immediately &tarting at the garage door. The whole
garage access situation seems rather questionable.
Based on the location of the existing and proposed structures, the
average setback encroachment is reduced under the proposed plan, anal no
significant existing site lines are further restricted by construction of
the new house.
Regarding hardcover, the numerical effects of the major increases of
hardcover on the property are somewhat diminished by the relative size of
the property, but the steep slopes tend to make the hardcover increases
more significant than on flat lots. Overall hardcover on the property
increases from 6,700 s.f. to about d,300 s.f. The amount of structural
hardcover on the property is more than doubled. The increase in the 75-
250' zone from 26.51 to 39% is slightly towards the high end of what has
typically been approved on Baldur Park. The total proposed hardcover,
shown as a percent of the total lot area in hardcover, is prop.,4ed at
26.80, which is very typical of what has occurred on Baldur Park (see
Exhibit L).
zoning File 11363
January 11, 1989
Page 4 of 4
There would appear to be a couple of ways to reduce hardcover on the
property to bring it closer to a conforming status. These would include
removal of the existing detached garage and associated gravel driveway
areas around it. This would eliminate valuable storage space on the
;.roperty, which could partially be recouped by adding a third garage stall
to the proposed attached garage. However, adding a third stall would
eliminate the possibility of moving the house further west and south to
meet lakeshore setbacks, unless the garage was reoriented in its relation-
ship with the proposed house.
Staff Recos endation -
Based on the above facts, comments, and ot,ser:*ations, staff would make
the following recommendations:
1. Applicants should consider moving the proposed house further west
and south to attempt to more closely meet the required 75' and average
lakeshore setbacks. This requirement would be consistent with Fast
City practice in similar situations.
2. Applicants should consider removal of the existing garage and
excessive gravel driveway and reconfiguration of the proposed two -car
garage into perhaps a three -car garage in order to reduce the amount
of hardcover increase on the property.
3. The proposed cut to create a walk -out in the 0-75' zone would be
inconsistent with similar applications which have recently been denied
by the City, although the magnitude of this request is relatively
minor compared to those other cases.
4. Preservation of mature trees on this property might be considered
as a reasonable hardship, because those trees help to soften the
potential vertical harshness of this construction as viewed from
across the lake.
5. The proposed fill generally occurinq in the 75-250' zone is
api.arently necessitated by the attemF.t to raise the house, thereby
eliminating a more severe 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
aut on to neighboring properties.
Planning Coa ission is requested to either make a recommendation to
the City Council or to give applicants direction to revise the request and
bring back an alternative site Elan.
-MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989
ZONING PILE #1362-HAUSER CONTINUBD
the applicant if he had discussed this proposal with his
neighbors? Mr. Hauser replied that he had and the neighbor to
the south had no objections. Mr. Schoenwetter explained that the
neighbor to the north had no opinion, mainly because he was
selling his house and moving to Florida.
Bellows commented that the ").eap frogging" circumstance was
typically considered when reviewing average lakeshore setbacks.
She questioned what would happen to the property directly north
of Mr. Hauser's. Gaffron depicted the lakeshore setbacks for the
properties to the north. Kelley observed that if one were to
draw a line between the two houses on the north to the south, it
would run out into the lake. The same would occur on ti south
side. This is typical of properties located on points or
peninsula's, as is this property.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Planning
Commissioner Cohen, to recommend approval of application i1362,
subject to a hardcover re;:uction of 417 s.f. from whatever source
available, and to approve the average lakeshore setback as
defined. The hardships of this application would be the property
being located on the point and the addition being 160' from the
lakeshore. Motion, Ayesi7, Nays-0, Motion passed.
#1363 ROGER & BECKY BERRY
1392 BALDUR PARK ROAD
VARIAM CE8
PUBLI.0 HEARING 8s42 P.N. - 8:5S P.N.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
The applicants were present for this matter.
As explained by Assistant Planning and Zoning Administrator
Gaffron, the Berry's were seeking variances in order to demolish
an existing residence and rebuild. Currently the hardcover on
the property consists of a detached garage, as well as a driveway
that continues uphill to the existing house. The proposal calls
for a new residence with a porch, deck and attached garage. The
driveway would remain in the same area, but would become slightly
steeper. It is the intention of the Berry's to maintain the
detached garage. In order to access the new, attached garage, it
will be necessary to raise a portion of the yard by bringing in
fill in the south 0-75' zone. The Berry's are proposing a walk-
out which will require grading to be done within the north 0-75'
zone. One of the reasons the Berry's preferred n-t to locate the
house further back to "et the average setback, is to preserve a
suture red oak tree. Gaffron said it would be necessary to make
a 2' cut in order to achieve the walk -out.
Planning Comissioner Bellows expressed her reservations of
t • MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989
ZONING FILE #1363-BERRf CONTINUED
allowing variances for a new residence. She felt that a walk -out
should only occur as a result of the existing topography of the
lot, otherwise another plan should be used. This would be
especially true if grading in the 0-75' zone were necessary to
achieve a walk -out. Mr. Berry explained that the walk -out would
not create that much difference than the existing basement.
Mr. Rod Lund, the Developer for the Berry's, presented
photographs showing the existing residence, garage and the oak
tree. He gave a brief description of what he was proposing to
accomplish. Planning Commissioner Hanson did not believe the
proposed house fit well with the site.
Hanson questioned whether the oak tree would survive the
construction. Mr. Lund had consulted a professional who informed
him that the tree would bend toward its roots, hence this tree
appeared to have its main roots away from the area to be
disturbed. He also had an estimate from t tree service that
valued such a tree at $4,400.00. Planning Commissioner Johnson
believed that any grading that occurred would threaten the oak
tree,
Planning Commissioner Brown said that the Planning
Commission had been fairly consistent in making new structures
conform. Johnson commented that Baldur Park Road was a unique
area that seemed to consistently require variances. However, t4ue
to the 3/4 acres that the Berrys had to work with, he did not
believe there should be a need for variances.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Moos, to table this item. Kelley provided
some direction for the applicants. The Planning Commission did
not want to see any hardcover or cutting and filling on the north
side in the 0-75. Within the 0-75' zone on the south side the
attached garage lust be offset by removal of the detached garage.
Mr. Berry expressed his desire to build a three -car garage if the
detached garage had to '+e removed. Within the 75-250' zone it
was the concensus of the Planning Commission not to allow more
than 30% hardcover. They also wanted the applicants to adhere to
the average lakeshore setback. Bellows informed the applicants
that compliance with the Planning Commission's requests would
cause a substantial reductic-• in the size of the house. Kelley
suggested that a footprint drawn prior to an actual house
plan. The applicant questioned the Planning Commission's opinion
regarding 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' zone. The natural contours of the property must
remain. Motion, Ayes-7, Nays-0, Motion passed.
4
ZONING FILE NO. 1363
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 1/24/89
----------------------------------------------- ----------------•-----------
T0s Roger 6 Becky Berry COPIES TOt Rod Lund
1392 Baldur Park Road Woodridge Corporation
Wayzata, MN 55391 10800 Lyndale Ave S, St 234
Bloomington, MN 55420
TYPE OF APPLICATION: Variance
-- ----------------------------------------------------------
DATE OF NEWIMGs 1/17/89 VOTES 7 For 6 Agdinst
Planning Commisaion recommends the follcming:
Tabled for reasons noted below
MUTES A***D SPECIAL CONDITIONSt
Tabled to allow applicants opportunity to revise proposal. General
direction given to applicants by Planning Commission:
1. Northerly 0-75' Zones
a) Eliminate all hardcover.
b) No cut/fill/grading except as necessary to restore old
basement excavation to blend with existing grades.
7:: Southerly 0-75' Zone:
a) Reduce or eliminate hardcover associated with detached
garage. Consider replacing detached garage with attached
3-stall garage.
3. 75-250' Zone:
a) Meet average setback if possible.
b) Limit hardcover to 30• (4,650 s.f.) in 75-250' zone.
Applicants' next scheduled meetinq is dependent upon receipt of revised
proposal. Deadline for the Tuesday, February 21, 1989 meeting is Monday,
February 13, 1909 or March 13, 1989 'or the March 20, 1989 meeting.
In all cases, the application must he continued with the submittal of
requested information within 90 days or the City will consider the
application as formally withdrawn.
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 Planninq commission.
To: Planning Commission Chairman Kelly �Xbµ�b� a �•- w�f
Orono Planning Commisksic. Member ` "►`c.� ; `L 0 „�j B.:MT-
City Administrator BernhardsGn
-.rtmok.. OIAL
Fa I Michael P. Gaffron, Asst Planni).j & Zoning Administrator
Date: February 14, 1989
enbjeets #1363 Roger 6 Becky Berry, 1392 Baldur Park Road -
variance/Conditional Use Permit -
Continuation of Public Heaiing
boning District - LR-IC, single family, 1/2 acre, sewered
Application - Request for variances for hardcover, average lakeshore
setback, and conditional use permit/variance for grade changes in 0-
75' lakeshore setback zone.
List of exhibits
Exhibit A - Revised levation views
Exhibit D - Revised Site Plan
Exhibit C - Revised Hardcover Numbers
Exhibit D - Staff's Review of Revised Hardcover Numbers
Exhibit z - Planning Commission Minutes of 1/17/89
Exhibit F - Notice of Planning Coamaissicin Action of 1/24/89
Exhibit G - Memo i Exhibits of 1/11/89
Pertinent Facts -
The applicants have revised their site Vlan as followr!
1. Deck Layouts have been rwvised and the house moved back so there
iw no encroachment into the 0-75' setback zone.
2. The house has been revised to incorporate multiple levels. The
garage has been lowered approximAtely 2' to make the driveway less
sloped. The east end of the house has been raised approx<mately 2' so
that no grading to create a walkout cut in the northerly 0-75' zone is
necessary, except that gradizig necessary to bring the old basement
excavation back to a conforming grade with the rest of the projerty
and the new residRnce.
3. The applicants propose to keep the existing detached garage but
remove the excessive hardcover surrounding it, which will result in a
slight decrease in overall hardcover on the property from what was
originally proposed, per the table below.
4
Zoning File #1363
February 14, 1989
Page 2 of 4
S.F.
S.F.
S.F.
S.F.
Original
Revised
Zone
Existing
Proposal
Proposal
Area
0-75'(S)
1, VWT733711)
1, 25.11)
1,35.1%)
i_548
75-250'
4,110 (26.5%)
6,043 ( 39. 01) !'t---
4,940 ( 31.91)r-
15,500
0-75' (N)
497 ( 8.81)
362 ( 4.61)4t----
0 (01)4 -
7,950
0-75'
2,590 (16.7%)
2,255 (14.6%).*-
1,893 (12.21)4—
15,498
(p 6 B)
TOTAL E.C.
OVERALL
6,700
8,298
6,833
3n,998
- t OF LOT
21.6%
26.8%
22.0%
Not Increase - 133 s.f.
overall
4. The applicants have placed the house far enough east on the
property to allow a future expansion of the two -car attached garage to
accommodate a future third ata 11 whi le maintaining the required 10'
side setback.
Dism"%A -
The elimination of patio and gravel hardcover to the east, west and
north of the existing garage, coupled with elimination of a driveway backup
apron and narrowing of the driveway leading to the house, results in a not
Increase of hardcover on the property of 133 s.f. The hardcover is more
concentrated in the 75-250' zone under the revised proposal.
Mote that the tree the applicants had wished to save will end up
approximetely 7' from the 4,orner of the house. The applicants had
conaidered cantilevering a portion of the house nearest the tree, but plans
submitted as of this writing do not clearly indicate whether that
canti levering wi 1 1 occur.
Options for Planning Cas:issita Active
The following are possible courses of action the Planning Ccmmissit-^
may wish to follows
1. Recousiond approval pet the revised plan. Planning Commlasi�r,
should make specific findings regarding granting the average setback
encroachawnt of 21, and the additional hardcover in the 75-250' zone.
Potential findings could includes
a) Hardcover is being totally revived 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 run-off entering Lake Minnetonka.
Zoning File #1363
February 14, 1989
Page 3 of 4
b) The hardcover increase in the 75-250' zone is justified by
removals in the 0-75' zone. All of the proposed hardcover is
necessary to preserve substantial property rights of the owners.
c) ]average lakeshore setback variance 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 property without re -designing 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 of the lake, and
therefore requires a longer driveway.
f) The plight of the landowners is due to circumstances unique
to their property and were not created by the landowner.
g) Granting of the variances requested will nr,t alter the
essential character of the locality.
2. if Planning Commission wishes to deny the application, opprtite
findings from those noted above should be included in your
recommendation.
3. Table for further irformation or revision. If this option is
chosen, Planning Commission should give applicant clear direction what
additional revisions are necessary.
If a recommwndation for approval is forthcoming, Planning Convissic•n
should consider includirq the following conditiors of approval:
1. Remr, ral of all hardcover items noted by applicart as being
proposed for removal on the revised plan.
2. Property ownPi shall be required to grade the area of the removed
foundation bark to original contours, as verified by the City
Engineer.
Zoning File #1363
February 14, 1989
Page 4 of 4
3. Applicant is advised that a future proposal for addition of a
third stall to the existing garage will require an additional
hardcover variance application at the time such addition is proposed.
Applicant is further advised that no additional hardcover will be
allowed on this property above that granted with this current variance
request, but any future proposals to add hardcover on the property
will likely be approved only with concurrent removals of existing
hardcover.
4. Applicants are further advised that the travelled 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.
MINUTES OF THE PJAIMING C014sISSION MEETING FEBRUARY 21, 1989
41363 ROGER i BECKY BERRY
/1392 BALDUR PARK ROAD
VARIAMCES
\( MTIOtt Old PUBLIC BEARING 7:05 P.M. — 7:10 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
The applicant was present for this matter (Planning
Commissioner Brown was also present at this time).
Assistant Planning and Zoning Administrator Gaffron informed
the Planning Commission that the Berry's were bringing forth a
revised proposal resulting from the January 17, 1989 Planning
Commission Meeting. The house will now be loco+.ed behind the 0-
75' setback line but will still require an average lakeshore
setback variance. In the 75-250' zone, hardcover will be
increased from 26.51 to 31.9%. Hardcover in the 0-75' zone on
the south side of the property will remain at 25.11; on the north
side, 0-75' zone, hardcover will be reduced to zero.
Chairman Kelley questioned the Berrys' proposal fc,^ a three -
car garage. Mr. Berry clarified that he would be agreeable to
add an attached three -car garage and remove the detached garage.
Gaffron observed that arch a proposal would offer a fairly even
trade in hardcover. rilley expressed his preference for thjs
proposal. Planning Commissioner Cohen concurred, as did Hanso:.
and Moos. Kelley recomiendowd that approval of this application
be conditioned upon th, removal of the detached garage and
straightening the driveway. The 3errys would then be able to
build a three -car attached garage.
Gaffron explained that only minor grading would be necessary
with the revised proposal. This would be accomplished by raising
;.he east end of the house approximately 21. Grading in the 0-75'
zone will be necessary tc bring the old basement excavation back
to a conforming grade.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Planning
Commissioner Hanson, to recommend approval of the hardcover
variance as proposed: 0-75 (southside) 25.1%, 0-75 (northside)
0%; and 75-250 31.9%. The existing garage will be removed and a
third stall added to the attached garage. The driveway is to be
straightened. It was further recommended that a variance and
conditional use permit allowing filling and grading within 71"
of Lake Minnetonka be approved for the driveway reconfiquration
and grade restoration at t - old basement, along with a 2'
average lakeshore setback variance. The hardsh?p in this
applicatio is that the applicant met the spirit of the revisions
requested by the Planning Commission and has reduced the
hardcover within the 0-75' zone and the average lakeshore
setback. Bellows questioned the elevation of the existing
basement? Mr. Berry replied that it was approximately 18". She
4
MINUTES OF THE PLANNING COkMISSION KKRTING FEBRUARY 21, 1989
ZONE FILE i1363-BERRY CONTINUED
asked that all of the elevations appear on the plans. Motion,
Ayes-6, Nays-0, Motion passed.
#1367 STAVE HARRIS
3850 NATERTOMM ROAD
CONDITIONAL USE PERMIT
It was moved by Chairman Kelley, seconded by Planning
Commissioner Bellows to table this item to the March 20, 1989,
Planning Commission Meeting, as requested by the applicant.
Motion, Ayes-6, Nays-0, Motion passed.
#1369 CHARLES RICIHAYRR
1040 TOMILINE ROAD
VARIARCE
P'URWC KEARING 7:19 P.M. - 7s20 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
The applicant was present for this matter.
Zoning Administrator Mabustr informed the Planning
Commission that Mr. Kickhafer was requesting a front street
setback variance in order to construct an attached garage. Due
to accessory improvements previously made to the rear of the
property, placement of the garage to the rear of tl.e house
becomes impractical.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Planning
Commissioner Hanson, to recommend approval of this application,
granting the 30' front yard setback var' once for the purpose of
constructing x single story garage 24'x 24'. Mr. Kickhafer's
hardship is that he has no garage and the house was built prior
to the 5-acre zoning amendment. Bellows added that the
topography of the land was also a hardship. Motion, Ayes-6,
Nays-0, Motion passed.
#1371 ROOT i TN2X0A MINICEMA
3100 DAYSIDE 90"
VARIANCts
PUBLIC NEARING 7:21 P.M. - 7s25 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. Minkema was present for this matter.
resistant Planning and Zoning Administrator Gaffron
explained that the Minkemas were in need of front and aide street
setback variances in order to construct an addition onto their
existing residence.
There were no comments from the public regarding this scatter
5
ZONING FILE NO. 1363
CIT2 or ONOUO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 2/24/89
------------------------------------- -------------------------------------
TO: Roger i Becky Berry COPIES TO: iud Lund
1392 Baldur Park Road Woodridge Corporation
Wayzata, MN 55391 10800 Lyndale Ave S, St 234
Bloomington, MN 55420
---------------------------------------------------------------------------
TTPE OF APPLICATION: Variance/Conditional Use Permit
------------- -------------------------------------------------------------
DATE OT MEE?ING: 2/21/89 VOTE: 6 For 0 Against
Planning Commission recosmmends the following:
Approval subject to conditions noted below
VKMW AND BPNCIAL CONDITIONS:
1. Approve hardcover percentages per revised proposal (0-75' N: 0%;
75-2501s _:.91; 0-75' Ss 25.11).
2. Construct 3-stall attached garage, remove existing detached
garage, straighten driveway.
3. Filling old basement will be allowed in N. 0-75' zone, blend into
pre-existing contours.
4. Approve average lakeshore setback encroachment of 21.
5. Hardships noted: per staff memo of 2/14/89, Option 1; also that
revised proposal meets the spirit and intent of prior Planning
Cosetission direction to applicant.
Applicant's next scheduled meeting is confirmed as:
City Council March 13, 1989; 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.
To: Mayor Grabek
Orono Council Members
City Administrator Rernhardson
From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator
Date: March 6, 1989
Subject: #1363 Roger & Becky Berry, 1392 Baldur Park Road -
Variance/Conditional Use Permit - Resolution
Zoning District - LR-lC, single family, 1/2 acre, sewered
Application - Request for variances for hardcover, average lakeshore
setback, and conditional use permit/variance for grade changes in 0-
75' lakeshore setback zone.
List of Exhibits
Exhibit A - Planning Commission Minutes of 2/21/89
Exhibit B - Planning Commission Action Notice of 2/24/89
Exhibit C - Resolution
Exhibit D - Memo i Exhibits of 2/14/89
Discussion -
Please review the memo and exhibits of February 14, 1989. The
applicants are proposing to remove the existing residence structure on the
hroperty and replace it with a new home. The original request included
moving the new structure further back frum the lake than the existing house
but not totally out of the 0-75' zone. That was subsequently revised at
the direction of Planning Commission to be totally outside the 0-75'
setback zone. There is still the need for a variance for an average
setback encroachment of 2', and a hardcover variance in the 75-250' zone,
increasing from 26.50 to 31.9%.
This is a double lot, with total area arproximately 31,000 s.f.
Existing overall hardcover is 6,700 s.f. The original request fur 8,298
:.f. was subsequently revised to 6,833 s.f., hence there is a net hardcover
increase on the vroperty of 133 s.f.
The project is proposed to include a 3-car attached garage and the
detached garage near Baldur Park Road will be removed.
There is a need to do same minor grading in the 0-75' zone, both north
and south, in carder to fill in the hole remaining frr!n the foundation of
the existing house and blend in the contours, in addition to rebuilding the
driveway to minimize both its length and grade slopes.
Planning Commission Recommendation
At their February 21, 1909 meeting, Planning Commission recommended
6 to 0 to approve the following variances and conditional use Ferwit based
on the following findings:
Zoning File #1363
March 6, 1989
Page 2 of 2
1. Approve hardcover percentages per revised proposal t0-75' north:
0%1 75-2501: 31.9%; 0-75' south: 25.183, finding that 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. Also, the hardcover increase in the 75-250'
zone is justified by removals in the 0-75' zone. All of the roposed
hardcover is necessary to preserve the substantial property rights of
the owners. In order to adhere to these hardcover percentages, the
applicants will construct a 3-stall attached garage, remove the
existing detached garage, and straighten the driveway.
2. Approval of the average lakeshore setback encroachment of 2' was
recomended for approval, finding 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 property without
redesigning the proposed residence.
3. The conditional ure permit and 1yariance to allow regrading of the
driveway and filling the old basement excavation to blend into
existing contours which will occur in the 0-7S' zone, is justified as
being a benefit to the property and necessary in order for applicants
to develop the property under the hardcover conditions imposed.
4. The hardships shown and variances requested are consistent with
those of neighboring properties which have developed in the immediate
neighborhood in recent years. Planning Commission further found that
the revised proposal met the spirit and intent of the Planning
Commission's prior direct`in to the applicant.
Staff lacommoodation
Staff recommends approve. per the Planning Commission recommendation,
per the attached resolution.
"TC;r '�
J " , ►C !I11 �("+ ice. ' v
City of ORONO
RESOLUTION nF ThZ CITY COUNCIL
NO. 2587
A RESOLUTI00 GRANT -M
VARIANCES TO
MUNICIPAL ZONING CODE
SBCTION 10.22, SUBDIVISIONS 1 a 2,
AND SIMCTION 10.55, SUBDIVISION 8,
AMD GRANTING A CONDITIONAL USE PERI41T
PER SECTION 10.03, SUNDIVISI.ON 19
FILE no. 1363
WHEREAS, Roger i 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 applicant has made application to the City of Orono
to permit the construction of a new residence to replace the exiPting
residence on the property, requiring a variance to Municipal Zoning Code
Section 10.22, Subdivision 1 to permit - 2' encroachment past the average
Lakeshore setback line wl.sre nc, 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.
Minnesota:
NOW, THEREFORP., 8E IT RESOLVED by the City Council of Orono,
FINDINNGS
1. This application was reviewed as Zoning File #1363.
2. The property is located in the LR-IC Single FAmily Lakeshore
Residential Zoning District.
3. The property is approximately 0.71 acres in area.
4. The Orono Planning Commission reviewed this application on
January 17, 1989 ar.d February 21, 1989, and recommended approval of
the applicant's revised request for variances and a conditional use
permit based on the following findings:
Page 1 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2587
A) Hardcover is being totally removed from the northerly 1-75'
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 qualit- 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 8.81 to 0% hardcover in the northerly 0-75' zone.
All of the proposed hardcover is necessary to preserve the
substantial prolerty 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
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 resider-o r-st be
located near the highest elevation and further from LM& road in
order to benefit from the northerly view of the lake, and
therefore requires a 1r]nger driveway with its associated
hardcover.
F) Granting of the conditional use permit and variant* for
ggrading in the 0-75' zone is necessary to allow applicant to fill
!n the excavation that will remain after the existing house is
removed, with a '.)lending 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 northerl:-. 0-75' zone. In the
southerly 0-75' zone, minor grade changes to reconstruct the
driveway are necessary to provide a sife and low -hardcover access
to the property.
Pages 2 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
m
2587
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 variances 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 fitd3 that granting a conditional use permit to
allow the p. aposed grading in the 0-75' lakeshore setback zone will
not be detr.Aen-al 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 depreziate
surrounding property values and that the proposed level .4f 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 icon one or more of the above findings, the Orono City
Council hereby ,..ants a variance to Municipal Zoning Cc,-' ^fiction 10.22,
Subdivision 1 to allow an encroachment of 2' past the + lakeshore
setback zone where no encroachment is normally allc A grants a
variance to Section 10.22, Subdivision 2 to allow hardcove_ d5.11 in the
southerly 0-751 lakeshore setback zone where no hardcover is normally
allowed, and allow 31.91 hardcover in the 75-250' setback zone where only
251 hardcover is normally allowed, and grants a variance to Municipal
Zoning Code Section 10.55, Subdivision 9 and a conditional use permit per
Municipal Zoning Code Section 10.03, Subdivision 19 to allow regrading of
t; rard areas 'n the 0-75' lakeshore setback zone where filling and
gr. Lng is norms. y not allowed, subject to the followi-I conditions:
1. Construction shall adhere to the site plan attached to this
resolution as Exhibit A.
Page 3 of 6
City Of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. , 2587
2. All hardcover in the northerly 0575'lakeshoree setback zone setback zone shall
be removed. In the southerly 0-
existing detached garage shall be removed and the driveway shalt, be
reconstructed in an the suchhardcover over in h shall at enotae' not
exceed 1,893 s.f. detached garage and hardc
31.9% or 4,940 s.f. The existing stall
surrounding it shall be removed, and d the hsit Flamgarageird Exhibited 1
3
attached to the proposed residence p
3. Per applicants revised proposal, the grading 4n theto northerly
bring 0-
75' zone shall be limited to that work necessary c,nly
sidence back to pre-existing
excavation remaining from the removed re
grader conforming
with the shape and slope of the pre-existing
topography. No cuts in the 0-751 setback zone have been approved fcr
creation of a walkout.
0-75' zone, grading is a' ed as necessary to
In the southerly minimize the length and slope of the driveway cell as the hardcover
asseciatcd w?_th it. All areas in the 0-75' zr ne sha llbeegrading immediately
seeded or sodded after completion of grading,
ork on
the property shall be aiubject to erosion contxol measures as may be
required by the City.
4. The applicant is advised that no additional hardcover will be
allowed on this property in uturesproposal toe add hardcover with the conrent
the
variance request. but y with concurrent removals of existing
property :night be approved only
hardcover, resulting in n4. net increase in hardcover on the property.
ur
5. Applicants are further advised that boundariestaeand°theon of City maydat
Park Road extends within the property
some f Y e data request adti ti la tighthof way ai s tnot caocondition hof
roadway. ;Granting ° 1).
the current variance approva
6. Authorities granted by this variance run with h eropert dnot
with the owner, but are permissive only and must
by
application for a boilspacial conditions of this permit within one resolution will
of the date of
Cot ,cal approval, or thep
expire on that date (March 13, 1990).
s and
7. Violation of or non-compliance
constitutehaaviola ion of the tof�the Zoni4ngiCode�
of this zesol�ition shallher�+;.n, and shall
shall nishableisslly terminate a misdemeanor. ny authority granted
be p
page 4 ref 6
City of ORONO
RESOLUTION OF THE CI-Y COUNCIL
NO. 2587
8. The undersigned owner has read, understood and herobl agrees to the
terms of this resolution and on behalf of hip his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono
City Council on this
13th day of March,
1.91q .
I
k
AT -EST;
D cthy
Hallin, City Clerk
Jame R. Grasbek,
or
Property
OWn s
%
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
:Ire fore oing instrument wa[ *cknowledged before me on this
'lay of 19q'? , by James R. Grebek &
DTorL� - y M. Hal-lin, Mayor & city Clerk r . the City of Orono, a Minneso+
municipal corporation anO said instrument was executed on hp`al-_ of t
city. I / / , %
Notary P --
LAURIE K. HEFFLER
NJIAl1 IVILIC - NIN•NililA
MEN elm CoWtAry
Mr eorwul••o^ �aevrN',.R.n�
My Commission Expires
Page 5 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2587
STATE OF MINNESOTA )
ems.
COUNTY OF HENNEPIN )
On this _ ��_ day of Maraj% 1980
before me a Roar uhlic within and for said county, personally
appeared _ known to me to be
the person(s) describe in and who executed the foregoing
instrument, and acknowledged that lie (they) executed the same as
his (their) free act and deed.
TK �' NAAS o*I4 NOTARY PUBLIC
, COMMISSION EXPIRES
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
On this G day of L2],,'j V-V 198y, before me
a N ary, Publ}c within and or said County, personally appeared
known to me to be the
person s escrlbecy in and who exe I the forego nginstrument,
and acknowledged that he (the ecuted the same as his
,their) free act and deed.
/ 7
i
i
NOTARY PUBLIC
NWAW pu" • WW00'rA
M$NNlPIM COUNTY
._.�.........�..� MZ' �'.?�:.ySS.ON EXPIRES
Page 6 of 6
..�-� ♦jam
"� � 1• � '_ _ ter. � \\ ��;50�. !'�0. Z���
I >• `�� \ �' !tit �++� .♦ •
e
7f 1 \ N deck
-140.0
04
•
,i -�
` t v — 1
a
1 to �mPvt N♦I1Kt�xt
Iro
• 3 .. am �.
f t� . \/•ram LK d
• \ ,Ya, .t
Sao
� . •; � limb Pr'tyM �
++I / • 1.•
*/
� _ �►•�� 1•.� Frye: �` �,,,'�
� ' � ` Tom"'^. / ' ��`'"`• *l.....— _..•
1 V OpZAWJ
MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1909
R.BCYCLIWG CONTINUED
Increase List of Rec l lables - If more items can be recycle(i,
t ere wiil-'Fe a lesser amount of buriable wastes. Plastics are
becomming more recyclable. Polka Lot Recycling will be accepting
the PET (pop bottles) plastic and the HDPE (milk jugs) plastic in
the Spring of 1989. Initially, these will only be accepted at
the drop-off centers, but it is hoped that they will be
incorporated into the curbside pick up in the near futurt.
Mayor Grabek thanked Ms. Vigoren for her information and
expr,ssed his opinion regarding the importance of recycling.
APPROVAL OF MINUTX3*
It was mov- by Mayor Grabek, seconded by Councilmember
Peterson, to approve the Minutes of the February 27, 1989 Regular
Council Meeting. Motion, Ayes=4, Nays-0, Motion passed.
PLANNING COMMISSION COMMENTS
Planning Commission Representative, Sara Moos, was present
but had no comments at this time.
PUBLIC CONN30M
There were no public comments.
ZOIiIRZ RG RDMISTRATOR'S REPORT:
�
/J1363 ROOM AND BRrWT BERRY
1392 BALDUR PARK ROAD
VARIANCE
RESC T./r' ow # 2S87
-------The applicants were not present, however, Mr. Rod Lund, the
Berry's developer, was present on their behalf.
Acting City Administrator Gerhardson provided a brief
explanation of this application. The Berrys were requesting
variances for hardcover and average Lakeshore setback, as we II as
a conditional use permit, in orde to construct a new residence.
t)unci"member Goetten mentioned the fact that she had seen 2
pi`r of dirt located near the lakeshore on the Berrys propercy.
&hf zed Mr. Lund if he knew why it was there. Mr. Fund replied
the. ie did not know, but would look into the matter. Goetten
arkwd Mr. Lund to keep the City informed.
It was moved by Coun 'lmember Goetten, to adopt Resolution
12587 approving the variances for hardcover and average lakeshore
setback, • well as the conditional use permit, per staff.
recomaends -:.s. Motion, Ayes-4, Nays-0, Motion passed.
F]
APPLICATION NO. 1363
CITY OF ORONO
P.O. Box 66 NOT7CE OF COUNCIL ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 3/20/89
-- --- -------------------•---------------------------------------------------
TOs Robert 6 Becky Berry COPIES: Rod Lund
1192 Baldur Park Road Woodridge Corp.
Wayzata, MN 55391 10800 Lyndale Ave S, St 234
Bloomington, MN 55420
TYPE OF APPLICATION: Variance/Conditional Use Permit
--------------------------------------------------------------------
]DATE OP HRIWING: 31/13/89 VOTE: 4 For 0 Against
-------------------------------------------------------------------
COUNCIL ACTION - rfION:
To al,prove :er 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 criur to cummencement
of construction. (The building permit applic on is a separate
application from. the zoning variance or conditional u. pplication.)
If you desire certified copies of the official Council minutes, they
are available iron the Citl► Recorder or City Clerk after review and
approval by the City Council.
Variance Approval is limited to the extent shown on apprcl�ed plan and
as noted in the approval re. ition. Changes in approved planE ire subject
to further review by the Ci Variance approval expires one year after
date of approval. Permit application must be submitted no later -han
March 13, 1990.
Conditional Use Approval is sub-iect to the conditions of the approval
resolution. in the case of projects requiring a construction �.ermit or
other work permit, such permit must be applied for within ore year c,f the
date of conditional use approval or that approval will expire.
4
MiAlAt
r � I
Ao
Peck
2
.r nnA +n r m•irt"! nne to
' ' .X
13
6
/7
^rtiflrats of 5 -vey:
I hereby car' i fy thnt ty r !e ►► L' nr:d correct reoreaentation of a
sivvey of the bo"Uries of Lote 17 i lti, 'dock 19 8aldur IN rk, the looa-
ticr of all ezipting tuildinRr, therenn, and the proposed location of a
proposed building. It do*' not Tyuraort to show Isprovsoents or encroachments,
exa pt an ezistinf road on the 8nut.hwert"rL;• line of ssid iota a a r nce
line near the nrrther�.•e: t- ly crmer. _j_1r_v"W
Sea is: 1" -- Sr' Gordon R. �.cff in ,g. 4
Date s 7-3(:-71 tend Surveyor and Planner
o i Iron arrk*r Long take, Klnnsantw
Af•��
I�
I
S
a
.ju r
( DI CUVATION VICW
,Lc
i
(3-
(V.k ;a FRo+� t.� �
q
kfi
M
.�w
w
i
it