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CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-2494600 ZONING FILE # 01-2669 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 4/24/2001 ------------------------------------------------------------------------------------------------------------------------ TO: Richard J. Wett COPIES: 1396 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------------------------------------------------------------------ DATE OF MEETING: 4/23/2001 VOTE: 4 FOR 0 AGAINST ------------------------------------------------------------------------------------------------------------------------ COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday 8*00 AM - 4*30 PM). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a permit prior to the commencement of construction. (The permit application is separate application from the zoning variance application). Variance Approval is limited to the extent shown on the approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than April 23, 2002. If you desire certified copies of the official Council Minutes, they are available from the City Clerlc after review and approval by the City Council. MINUTES OF .THE ORONO CITY COUNCIL MEETING MONDAY, April 23, 2001 *(#5) #01-2673 GARY GERMUNDSEN, 4101 HIGHWOOD ROAD — VARIANCES — RESOLUTION NO.4645 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4645, a Resolution granting renewal of variances to permit the construction of a new residence to replace the existing residence on the property located at 4101 Highwood Road. VOTE: Ayes 4, Nays 0. *(#6) #01-2669 RICHARD J. WETT, 1396 BALDUR PARK ROAD —VARIANCES — RESOLUTION NO.4646 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4646, a Resolution granting an after -the -fact variance to hardcover to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence located at 1396 Baldur Park Road. VOTE: Ayes 4, Nays 0. (#7) #01-2672 JIM & SHARON WALKER, 2685 NORTH SHORE DRIVE -CONDITIONAL USE PERMIT — RESOLUTION NO.4647 Jim Walker, Applicant, and Dave Erotas, Contractor, was present. Weinberger stated the Applicants have requested a conditional use permit for a guest apartment located within the proposed principal residence. The guest apartment would be located above the garage and connected to the main part of the house by a frilly enclosed walkway. Non -rental guest apartments are a conditional use in "R" districts. Orono's Code requires the guest apartment be for the sole use of the occupants of the principal residence, including their domestic employees or non- paying guests. One access door to the apartment must be provided from within the principal structure. In addition, the Applicants are also requesting a variance to permit two accessory buildings to remain on the lot. The buildings consist of a screen house located near the Lakeshore within the 0'75' setback and the second is a tower that has been on the property for many years. The existing house was originally constructed in approximately 1903. A condition of approval would be that no expansion or alteration of the buildings would be permitted since they are non -conforming. The Planning Commission voted 5 to 0 to recommend approval of the conditional use permit for the non -rental guest apartment and variance to permit the tower to remain on the property. The Planning Commission voted 4 to 1 to recommend approval of the variance to permit the screen house to remain on the property. It was the minority opinion that the screen house should be removed because it is a structure within 75 feet of the lakeshore of Lake Minnetonka. City Staff recommends approval of the conditional use permit and the variances. Flint stated he wanted to discuss the screen house. Flint noted the City receives a number of requests for repairs of structures. Flint stated he is comfortable with the resolution as presented. In his view the Applicants are attempting to maintain the historic look of the property, but due to the MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, April 23, 2001 (Mayor/Council Report, Continued) Flint moved, Sansevere seconded, to authorize City Staff to refund $250 on Application 101-2669, Richard J. Wett, 1396 Baldur Park Road. Tom Barrett requested the City Council articulate the reasons why this refund is being given. Flint stated the reason he supports a refund in this situation is that this is the type of application that should never really have gone through this review process and could have been approved administratively. Flint indicated it was only a technical aspect of the Zoning Code that required the application follow this procedure. Gaffron stated normally the City charges the builder the double permit fee and not the property owner. Gaffron stated both the builder and the property owner had the understanding that it would not require a separate variance. Gaffron stated City Staff chose to bring this item before the Council due to the amount of time that had elapsed from the time the original permit was initially issued. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. *(#13) LICENSES Sansevere moved, Flint seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. SPECIAL PERMIT JMS Hoines Luxury Lifestyle Home Tour @ 1150 Lyman Avenue June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday, Saturday & Sunday) Fridays 1:00 p.m. — 7:00 p.m.; Saturdays and Sundays, 10:00 a.m. — 6:00 p.m. Tony Eiden Company Minnesota Monthly's Luxury Home Tour @ 480 Sussex Lane June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday, Saturday & Sunday) Fridays 1:00 p.m. — 7:00 p.m.; Saturdays and Sundays 10:00 a.m. — 6:00 p.m. Gear West Ski &Bike Duathlon (3 Mile Run/20 Mile Bike/3 Mile Run) Orono Middle School and Surrounding Area as designated on map Sunday, May 20, 2001 8:00 a.m. — 11:00 a.m. SOLICITOR Fund for Public Interest Research (FFPIR) Representative Patrick Rowan 1313 — 5Street SE Minneapolis, MN 55414 Page 15 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, April 23, 2001 (Licenses, Continued) Infinity Adv. Inc. Representative: Anthony Lawler 90 West Country Road C#21 Little Canada, MN 55117 Edward Jones Representative: Shannon M. jTaggart 1810 North 2nd Avenue Minneapolis, MN 55405 *(#14) BILLS Sansevere moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. I' 11• �. •DTI None CITY ATTORNEY'S REPORT City Attorney Tom Barrett requested an executive session. ADJOURNMENT Sansevere moved, White seconded, to adjourn the meeting at 9:18 p.m. There being no further business to Al the meeting was adjourned at 918 p.m. ►:11-1M_Y_xY1 W Linda S. Vee, City Clerk �n�a-�.eiers r Page 16 Application Date: 3/20/01 Completion Date: 3/20/01 60 Day Deadline: 5/18/01 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 4/19/01 Name Wendy Bottenberg ITEM NO.. CD Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: #01-2669 Richard Wett 1396 Baldur Park Road Variance Zoning District: LR-1C One Family Lakeshore Residential District (.5 acre) Lot Area. 13,670 s.f. (.31 acres) List of Exhibits. A Resolution B Staff Report and Exhibits of 4/16/2001 Application Summary: The applicants have applied for an after -the -fact variance to permit a 4 foot overhang that was added over an existing sidewalk. Over the past winter the applicants had some remodeling done to their residence. At that time it became evident that the sidewalk leading to the front door of their residence was covered with snow, ice and was dangerous to walk on. The four foot overhang does not increase the amount of hardcover in the 75-250' setback zone. The hardcover is currently 3,555.83 s.f. (36.3%) where 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be at 3,555.83 (36.3%). The overhang does increase the structural lot coverage. The existing lot coverage is 1,892 s.f. (13.8%) where 1,996 s.f. (14.6%) is proposed and 2,050.5 s.f. (15%) is allowed. Still below the allowed amount by City ordinance. 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250': To allow 3,555.83 s.f. (36.3%) of hardcover in the 75-250' Lakeshore setback, where 3,555.83 s.f. (36.3%) exists, and 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be 3,555.83 s.f. (36.3%). PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. Note: At their April 16 meeting, Planning Commission questioned the need for a variance application for this minor request. The Commission pointed out that the final result was no increase in hardcover over the percentage approved in 1991, and no need for variance to the 15% structural coverage ordinance. Staff felt this application was warranted based on the following: 1. The originally approved plans did not include the overhang. It has long been City policy that staff does not have the authority to approve hardcover tradeoffs when hardcover exceeds the limits. 2. Further, when a change in the nature of hardcover from nonstructural to structural is proposed, staff has not had the authority to approve such a change when existing hardcover is over the limits, even when the excessive percentage was allowed by a prior variance approval. 3. Generally, staff has always attempted to be conservative in administering the hardcover ordinances, in order to avoid the undue pressure from homeowners and builders that would accompany broad staff discretion in hardcover determinations. A RESOLUTION APPROVING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B), AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO* 01-2669 WHEREAS, Richard J. Wett and Marge A. Wett, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1396 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 16, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after the fact variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (L)(2) to allow 3,555.83 s.f. (36.3%) hardcover in the 75-250' setback area where 3,555.83 s.f. (36.3%) exists and 2,452 s.f. (25%) is allowed to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #01-2669. 2. This property is located in the LR-1 C Zoning District, where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of approximately .31 acres or 13,670 s.f . 3. The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval by a vote of 5 to 0. Page 1 of 5 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing from 1,892 s.f. (13.8%) to 15996 (14.6%), still below the allowed 15% by City ordinance. B. The hardcover in the 75-250' setback zone is not increasing, it will remain at 3,555.83 s.f. (36.3%). C. The lot is undersized for a lot in the LR-1C zoning district. 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 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City. Council hereby grants an after the fact variance to Municipal Zoning Code Section Section 10.225 Subdivision 1 (B) and Section 10.56, Subdivision 16 (L)(2) to allow 3,555.83 s.f. (36.3%) hardcover in the 75-250' setback area where 3,555.83 s.f. (36.3%) exists and 2,452 s.f. (25%) is allowed to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 2 of 5 2. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 23, 2002). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of April, 2001. ATTEST; Linda S. Vee, City Clerk Property Owner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota Page 3 of 5 municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public On this day of , 2001, before me a Notary Public within and for said County, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 2001, before me a Notary Public within and for said County, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 • Exhibit A 1 l� �� 13�����-� ����®.:�� / Ut . !:rv•ii1i.,,1r:11 '.urv!rY , ' i tl I,•, rt rl• ..,�i I ar . ut Lut ib, i;.•11•tur Park • . tle,,,n"ilin I;nuniY. htinnl�!:nl., • ' • • i LAKE MIN�1ETpN1<A �"i �_• i • h i ��•\ \\ \ �ri •` •\\ ,I ti 1 J l� \ ' � •� �i , � �� � s- 7r" � '• \ • L` ,,' .] \ fro \ y.& �^ ` I; u '; ;. o , a�,� � � ;.•. . o Js.,v,,, � � � t hr,-•c;b; cert(f that tltt5 I5 a ..,.�;•�`ca �� ••.,F;�;• f!\ �\ •�: ,,.r r,rnr. �nrl turret[ re resentatlon ....: .r w.� v � � p � • � j �� \; „f a survey of the buurldarles of i . .• � � .,,:�� Lnt it,, Oaldur Nark, liensepin S . "••�' "--'-'2•+_ £,•.�:^5 3, r-'��,�3; � f•'' y.�� CauntY. httrulesota. and the lucdtiur � ai,,.�1', � -'�� \:h r r stiny bulldinys thereon• l l•J � aa•,� , �; � :� 1 i. doss not purl?ort to short any ,, ni hr+r• II.111:•nvc�rnr.ni.s ur i encroach• � � �r J te•,,�il �Ki.e.a �i nn•u1 •', Y ' . �:h , � p W \ � I� t o ti Y.o' 1 � �^� � � � ��� ` � '` a �' ri)I•htal a c,uut�nrl:t;. irlt:, �� •'J Vim'"' :I•, k �. t�runber!1 i—�u,� icy"`,i, .• � Lang Surv<�yurs dnd I'B an• •ec •. ;t'�� ) I•nn(I L.rl:�, tlinnesot.a a�,�6 ,� f i1 ; • �t 1 • � 2 • �� • c /.fir � l), oIc al it i ^� t ' '� /2.33r n � hatf' l •7, 1 ii rJi f7.; �•/r••®9 � n .... tr.,u snarl:�:r..___ It,rtu:n F.•�nn Sea lever --•—:,�—•— E�ist.iny contour• Cv�•�) Spot elevation )f Pro/iie.! Carl><o a.• •�'— .r — _ � i ""----- ,, �• � - �o 60,00 �'s R�1�-D�1t� PARI< ROAD 'f Page 5 of 5 . .� TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE. April 10, 2001 SUBJECT: #O1-2669 Richard J. Wett 1396 Balder Park Road ATF Variance -- Public Hearing Zoning District: LR4C One Family Lakeshore Residential District (.5 acre) Lot Area: 13,670 s.f. (.31 acre) List of Exhibits A Analysis B Application C Survey D Site Plan E Description of Request/Hardship Letters F Hardcover Calculations G Photos of Property H Location Map I Property Map J Permit Record K Property Owner's List Pertinent Code Section: S ec ion r0 03 ubd 14 (C): Lot Coverage: For_all._Iats-0= W ffcYe`in total area, -the total ,l, combined footprint shall no ceed 150fo of he_loLare_ a. To permit the lot coverage to be 1,996 s.f. ' 14,�_ }-wherCl On.. (13.8%) exists and 2,050a5 s.f. (15 o) is allowed:--.�, 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250': To allow 3,555.83. s.f. (36.39/o) of hardcover in the 75-250 Lakeshore setback, where 3,555.83 S. exists, and 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be 3,555.83 s.f. (36.3%). Application Summary:, The applicants have applied for an after the fact variance to permit a 4 foot overhang that was added over an existing sidewalk. Over the past winter the applicants had some remodeling done to their residence. At that time it became evident that the sidewalk leading to the front door of their residence was covered with snow, ice and was dangerous to walk on. The 4 foot overhang does not increase the amount of hardcover in the 75-250' setback zone. The hardcover is currently 3,555.83�(36.3%) where 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be at 3,555.83 (36.3%). The overhang does increase the structural lot coverage. The existing lot coverage is 1,892 s.f. (13.8%) where 1,996 s.f. (14.6%) is proposed and 2,050.5 s.f. (15%) is allowed. #O1-2669 Richard YVett 1396 Balder Park Road ATF Variance 111012001 Statement of Hardship: The applicants have provided their hardship statement in Exhibit D. Issues for Consideration: 1. Would a gutter system work in this situation? Would the height of the gutters/roof make it difficult to keep the system clean and working? 2. The amount of hardcover in the 75-250' setback area is not increasing. 3. The structural coverage is increasing but still below the allowed 15%. 4. The lot does not meet lot area and lot width requirements. It is undersized for a lot in the LR- 1 C zoning district. 5. Would applicants' acceptance of a condition that "the roofed area can never be enclosed with walls" be a factor in gaining an approval recommendation? 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variance. #01-2669 Richard Wett 1396 Baldttr Park Road Variance (11012001 Page 2 ANALYSIS Lot Area• LR4 C Lot Area Required 21,780 s.f (.5 acre) Actual 13,670 s.f (.31 acre) Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75' 3,863 s.f. 0 s.f. 0 s.f. 0 s.f. (0%) (0.11 %) (0%) 75-250' 9,807.5 s.f. 2,452 s.f. 3,555.83 s.f. 3,555.83 s.f. (25%) (36.3%) (36.3%) No Change Structural Coverage: Total Lot Size Total Structural Coverage 13,670 s.f. (.31 acres) Allowed: 2,050.5 s.f. (15%) Existing: 1,892.0 s.f. (13.8%) Proposed:1,996.0 s.f. (14.6%) CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 . ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFO Site Address Property Identification Number (P.I.D.) li Attach legal description to application if not Date Property Acquired /D / 3_ q 4 I (do) (do not) also own the adjacent parcels Present use of property. residential _ Zoning District APPLI Nam Addr Application # Date Received pool Amount Paid 5AM included on required survey. of land. _other (specify) Phone (home; Phone (work) OWNER (if diffe ent an ap licant) Phone (home) �S 2_ . �( `] (• p 7 % �' Name C K , rA Phone (work) Address City: �I� /U� Zip• <<-, DESCRIPTION OF REQUEST Fstimate`d Construction Cost �®� Describe ,r $ Ire lIl detail: 1 i• ;. , .- VARIANCES REQUIRED Lot Area Setback. Other (specify) (attach additional sheets if necessary) Lot Width Front Side Hardcover Rear Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTYi' CO\TDITIONS Describe undue hardship or practical difficulty or„_unuNsual p ope conditions compliance with Zoning Code requirements: Gi (attach additional sheets if necessary) ._..._...__._......_....__..._.._.�......_..:......u..z....i_�.�.u__.c.. .a.[Y: _._.. ....::�:.r.:.. _..::>SL..._..�._ _.... ..._...... ... 1� qt lur Ir;, Iral•lur i'nrk rlF�nn<.I!in !:nunli•, btlnnesnla LAKE MINNET4Nf<A -�-� 9;9. ., �� o �_.� � ``'� J a� ,�� � � _�� ` � 1 9�z _ _ � � � �l jr \ \ \ / � � � \� �. �J�..�,,_ x�.�. ` 9i � 7» j r � `. �, o � "•���.: ,� ��... I _-_ '''fin 9 \5 -�` ;" ^, �a •r ( �� / ; I £r,'b�� � ��un LJ`/V .rc.,� � c h � i �' �• O ,,' . t :_, 1 4 t'4 d:0 � 'V 3�•0 A, s rl, cln sF. it - e.11 �r,rs /Z.S3r io rr —> �'--. —�--� Ff �n � � 6o.oa ,'s ���nur� P��i< ROAD � �� \ �'r� ��i. � � �� gr ,,(:�� �` ,�R ::, y �� ! \ �: : w a 2f �• w 1 het?hy cprtlfy that this is a trnn and correct representation of a survey pf the bowldaries of Lol: tti, fialdur Park, Ilennepin f:ounky, hlinnesnta• and the locatao( ul` any err.istiny buildlnys thereon. II. rintts not purl?ort to shoo anv !!I IIP!' 1�91!:'nv(?i!1(?nt5 nr encfna('li- ! L' �`� _I ��� 1)I'�I,!`Y I;IZGW.rII:I:!i, ill(.. '�n 1a'-!; S, l;runherr�j 1� i�;'!y Lnn; I!'!�,•s, l�u!d• Survc?yurs and I'I _rn• •rr . I•I!!!!I Lnk�, Iiinnt?sofa .✓le .f sa.r„� Y l Ui11.P z . j�. IS �)> /fir. Jy>•89 (! .._. i I'gll ill a!"I;Q i'..__.. _. IIiItU!il Ne.+n sea level --•-9J�—•— l-:xist.iny contour• (v�.o) Spot elevation l� P.apared eon �o y� Esaenp Fmrt Oocr, steps. land�y d 3dnsatt 6Mi Cedar Posh on IT ttnne;a plat focOc9s. M+n M d2 tlecy. Newshed Roof usm9 d Yi2 pkh IAaw TMses Sheathly: t? O.DNN Rocfirg iSWfed Stab Ilashug akrg Muse v2a O.pdutg, Face d s�xri to match erisfug on muse t_ _ _ _ _ _ _ NEW SHED ROOF COVERING EXISTING SIDEWALK Ertension o(Currenl Remodel Plans for Mr. &Mrs. Richard Wett, 1396 Baldur Park Rd., Orono CoMrdor. WaMemvood Ltd., 24925 Glen Rd , starewood, MN 55337. Lk.ft2302 •A VARIANCE APPLICATION: 1396 BALDUR PARK ROAD DESCRIPTION OF REQUEST: We are requesting an after -the -fact variance for a shed roof over an existing sidewalk at the Baldur Park Road property This past winter Waldenwood added some expansion space to the Wett home on Baldur Park Road. During the course of the remodel it became very evident there was a safety problem for the Wetts. The sidewalk to their front door was continuously being covered with snow and ice. Not only were the Wetts concerned about this danger, but the carpenters on site also struggled with this concern as they too came and went from the premises. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS It was agreed by the Wetts (who are retired) and Waldenwood, that the best solution to the dangerous situation would be to install a shed roof over the sidewalk, preventing the dripping from the 2°d story eaves on to the sidewalk as well as the direct snow, sleet, and rain upon the walkway. Due to the massive ice problems of these past months Waldenwood built the roof as quickly as possible in an effort to stem the possiblility of a serious fall on the icy walkway. We assumed we were not impinging on the hardcover of the property because we were going over an existing sidewalk. It was only upon inspection that we learned of Orono's differenciation between structural hardcover and ground hardcover. The reality is that the roof will not only help during the winter months, but will also be an asset during the rainy season helping to divert water away from the foundation out on to the bushes and lawn. As the contractor, we recognize that we are amiss in following the proper procedures for adding such a roof. Please note that we were not trying to "get by" with something, (since we did request inspections on the framing of this roof), but i tead were trying to move as uickly as possible to solve this extremely dangerous situatius, we ask for your understanding as well as the granting of the variance. CR Design • Remodel •Build 24925 Glen Road, Shorewood, MN 55331 Phone 952 414 4165 Fax 952.474.6206 Email remodel@waldenwood.com Website www.waldenwood.com Certified Remodelers John Miller &Wendell Anderson ��, ram• y+. "lt.. �, `�'. March 9, 2001 Orono City Council We are requesting an after -the -fact variance on the overhang on a portico that was just added to our house. We understand the overhang is considered hardcover thereby requiring a variance. A new addition over our garage created a hazardous condition with run off freezing on our front entrance walk. Another solution would have been to add a gutter in this area but the builder did not recommend it because of our advanced age and the fact it would be quite high in order to clean and keep the area from becoming hazardous again. A change would not only be costly for us but also not completely solve the problem of the drainage being away from the walk. Wr I'ichard 96 Baldur Park '• Orono, MN 55391 .. t . HARDCOVER CALCULATION WORKSHEET i SETBACK ZONE: (CIRCLE ONE) 0 75' S-25 ' 250-500S004000' EXIST%` `G HARDCOVER EN ZONE A. House x c — 3 �i S.F. Length Width sore x = S.F. x _ S.F. B. Garagge . �(p x ��D = Igo Sore C. Driveway /0�,33 x S.F. 1 SS. 175 x 30 — gU,2. S S.F. D. Sidewalk 3 3 3x .�. �f �v = egg I � S.F. = 8'?•S S.F. E. Patio/Deck O x .�t(n = r;2(r�C) 13 S.F. F. Landscape f �{ • �. x 4c _ �C©,� S.F. Underlain z = S.F. j By Plastic z mom" S.F. Or Fabric G. Other x _ a 4 `� S.F. TOTAL HARDCOVER IN ZONE - 3�55.�3 S.F. TOTAL PROPERTY AREA. IN ZONE �`�- 5 S.F. A B — x 100 3L,. PROPOSED HARDCOVER W ZONE S.F. A. House x - Length Width dome S.F. x S.F. x — S.F. x = S.F. Be Garage x Gomm, S.F: C. Driveway x S.F. x S.F. D. Sidewalk x = S.F. E. Patio/Deck S.F. _ S.F. Ft Landscape x — S.F. Underlain x —_ S.F. By Plastic x — Or Fabric _ _ S.FO G. Other x S.F. TOTAL HARDCOVER IN ZONE - S.FO TOTAL PROPERTY AREA IN ZONE `/o A B x 100 = '^E ' � �3�r %�r frF - ��t y-,tT .�f,gfl r+ 3�"r:±7y •��[.� '- IN i y.i<frVI. _ �` y? .t y3• s� t w'-' Y" '4.ev IN 17 yIrk a i e'r }If, IV I IN "I-; l�t IV 3r # ;. 3J - IN.A.� 4If - .rt C { Z `p .iN TT}SSS ii f IVp Kn If dI fI v IV — K,. ewe-'_•' -IL I : F fl IN IN NI I IN f if 11 v. . *; `IS Y .fir' VP S Via, ``=Y 7 ; IV It ��. 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VOTE: Ayes 5, Nays 0. (#3) #01-2668 NIANLEY BROTHERS CONSTRUCTION, 1973 FAGER\ASS POINT ROAD, AFTER -THE -FACT VARIANCES AND CONDITIONAL USE PERMIT, 7005 p.m. — 7@05 p.m. The Applicants were not present. Mabusth moved, Kluth seconded, to table Application #01-2668, Manley Brothers Construction, 1973 Fagerness Point Road, at the request of the Applicant. VOTE: Ayes 5, Nays 0. (#4) #01-2669 RICHARD J. WETT, 1396 BALDER PARK ROAD, AFTER -THE -FACT VARIANCE, 99.06 p.m. — 7:09 p.m. Richard and Marge Wett, Applicants, and John Miller, Contractor, were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting an after -the -fact variance to permit a four foot overhang that was added over an existing sidewalk. Over the past winter the Applicants had some remodeling done to their residence. At that time it became evident that the sidewalk leading to the front door of their residence was covered with snow, ice, and was dangerous to walk on. Bottenberg stated the four foot overhang does not increase the amount of hardcover in the 75-250' setback zone. The current hardcover is 36.3 percent where 25 percent is allowed. In 1991, a variance was granted to allow the hardcover to be at 36.3 percent. The overhang does, however, increase the structural lot coverage. The existing lot coverage is 13.8 percent where 14.6 percent is proposed and 15 percent is allowed. City Staff recommends approval of the application. Mrs. Wett had no comments in addition to Staffs report. Hawn inquired why this application was before the Planning Commission since the structural coverage is under the allowable 15 percent limit. Hawn stated a variance is not required since the structural coverage does not exceed the maximum allowed. Hawn requested the City Council make applications similar to this subject to administrative review. Hawn moved, Kluth seconded, to recommend approval of Application #01-2669, Richard J. Wett, 1396 Baldur Park Road, to permit a conversion from hardcover to structural coverage to allow the four foot overhang but still remain under the 15 percent structural coverage allowed. VOTE: Ayes 5, Nays 0. PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING APRIL 16, 2001 (#01-2669 Richard Wett, Continued) Miller inquired whether the Applicants' fee could be refunded. Lindquist stated the Planning Commission does not have the authority to grant a refund of the application fee and a request would need to be made to the City Council. (#5) #O1-2670 CHERYL AND PETER KRAMER, 2140 NORTH SHORE DRIVE, VARIANCE, 7*10 p.m. — 7:37 p.m. Peter Kramer, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting a variance to permit a six foot fence along the south property line, which is located along North Shore Drive/County Road 51. In this location fences are only permitted to be 3.5 feet in height within a required street yard setback. The Orono Zoning Ordinance does not allow a fence greater than 3.5 feet in height within a required setback to a property line adjacent to a street. The RR4B zoning district as a required 50 feet setback to the south property line. Weinberger stated the property is located in the Crystal Bay neighborhood, with streets bordering the property on three sides. Three portions of the property require the 50 foot setback for the construction of a fence in excess of 3.5 feet in height. Access to the property has been relocated to Arbor Street. Weinberger stated the zoning ordinance does permit fence six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, as North Shore Drive is designated. A higher fence is permitted along the street on the lake frontage lots because the rear of the house is usually where outside storage is located and that portion of the property generally functions as a rear yard. Weinberger stated also located along the property line is a row of shrubs that are between four to six feet in height. The fence would be located between the shrubs and the house to minimize the visual impact of the fence from the road. Weinberger stated a small portion at the end of the shrubs is actually located within the county right-of-way. Weinberger stated at the present time the County has no plans to upgrade or widen North Shore Drive. The lot line along North Shore Drive is defined as a "side lot line adjacent to the street". The property lines along Arbor Street and Briar Street are both considered front lot lines due to the fact they both equally front on roads and are narrower in width than the frontage along North Shore Drive. Weinberger stated the Applicant has indicated he would like to construct the fence due to the increase in traffic and noise being experienced in this area as well as safety concerns he has for his children. Weinberger stated to protect sight lines at each intersection, a 30 foot "sight triangle" is required. The sight triangle is measured as a 30 foot setback from the property corner adjacent to an intersection that is to be protected from any structures and/or fences from heights to exceeding three feet. No part of the land area within the entire sight triangle shall have fences that exceed the three feet height. Weinberger indicated the fence would be located behind the shrubs. f PAGE 6 CITY OF ORONO P.O. Box 66 ZONING FILE # 01-2669 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 ACTION 612-2494600 DATE OF NOTICE: April 17, 2001 TO: Richard J. Wett COPIES: 1396 Baldur Park Road Wayzata, MN 55391 ------------------------------------------------------------------------------------------------------------------------ TYPE OF APPLICATION: Variance ------------------------------------------------------------------------------------------------------------------------ DATE OF MEETING: April 16, 2001 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on Apri123, 2001 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. y t � CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss. CITY OF ORONO ) I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of 401-2669, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 2th day of April, 2001. Denise M. Leskinen Aff1L _vit of Publication CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952)249-4600 Fax (952) 2494616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, April 16, 2001, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #01-2664 Mitch and Kim Olson, 3265 Carman Road, request a variance to permit construction of a 31'X21' garage addition to the house located 29.3' from the front property line where 35' is required, a variance to permit an alteration to hardcover greater that 25% in the 75-250' lakeshore setback zone, and a variance to permit greater than 15% structure on the property. 2. #01-2667 Richard Anderson of North Shore Marina, 3222 North Shore Drive, requests a Conditional Use Permit to increase from 20 to 72 the number of customer -owned boats stored in dry -stack units on the property which are authorized for on -demand launching for lake use. 3. #01-2668 Manley Bros, Construction, 1973 Fagerness Point Road, requests variances to permit replacement of a deck located above the garage, to permit an expansion of the building envelope for the addition of two dormer windows within 75' of the lakeshore, and an after the fact variance and conditional use permit to permit replacement of two retaining walls within 75' of the lakeshore. 4. #01-2669 Richard J. Welt, 1396 Balder Park Road, requests an after the fact variance to permit a 4' overhang addition over an existing walk constituting an increase to structural hardcover in the 75-250' Lakeshore setback, 5. #01-2670 Cheryl and Peter Kramer, 2140 North Shore Drive, request a variance to permit a 6' fence along the south property line (North Shore Drive/C.R. 51) where 3 1/2' is permitted within the 50' front yard setback. 6. #01-2671 Alistair and Kristin Jacques, 645 Old Long Lake Road, request variances to permit a new residence to be located 15' from the side (east) property line where 30' is required and to permit residential construction on a lot less than 2 acres in size. 7. #01-2672 Jim and Sharon Walker, 2685 North Shore Drive, request a conditional use pemrit and variance to permit a guest apartment attached to the principal dwelling with an exterior entrance where guest apartments require entrance within the prI ncipal dwelling unit. 8. #01-2673 Gary Germundsen, 4101 Highwood Road, requests renewal of lot area, lot width, street setback, east and west side setbacks and hardcover variances to remove an existing residence and construct a new residence. All persons wishing to be heard are encouraged to attend this meeting.' Written comments are accepted and shall be submitted to the City of Orono by April 11. 2001. Plans are available in the City Offices. For an appointment, please call (952) 249- 4600. City of Orono By: Planning Commission Paul Weinberger, Administrator/Planner (Published in The Laker and Pioneer March 31, 2001) State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 3lstday of March 2001 , and was thereafter printed and published every Saturday, to and including Saturday, the day of 20 ; Authorized Agent Suscribed and sworn to me on this 3lstday of By: h 2001 <��" NOTARY PU6LIC - MINNESOTA (�) ► Y ul' 11htOINO `;;;;`'' My Commission Expires Jan, 31, rc' i Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.00 per inch. (2) Maximum rate allowed by law for above matter: $15.00. (3) Rate actually charged for above matter: $7.73 per inch. Each additional successive week: $5.62. ORONO PLANNING COMMISSION Monday, April 10, 2001- 6:30 P.M. 2750 Kelley Parkway — Council Chambers AGENDA Council Representative: Mayor Peterson AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the May 14, 2001 City Council meeting unless otherwi se noted by the Chair. OLD BUSINESS 1. #01-2664 Mitch and Kim Olson, 3265 Carman Road, Variance (Staff: Wendy Bottenberg) NEW BUSINESS 2. #01-2673 Gary Germundsen, 4101 Highwood Road, Renewal of Variances (Staff: Wendy Bottenberg) 3. #01-2668 Manley Bros. Constn�ction, 1973 Fagerness Point Road, After the Fact Variances, and Conditional Use Permit (Staff: Paul Weinberger) 4. #01-2669 Richard J. Wett, 1396 Balder Park Road, After the Fact Variance (Staff: Wendy Bottenberg) 5. #01-2670 Cheryl and Peter Kramer, 2140 North Shore Drive, Variance (Staff: Paul Weinberger) 6. #01-2671 Alistair and Kristin Jacques, 645 Old Long Lake Road, Variances (Staff: Wendy Bottenberg) 7. 901-2672 Jim and Sharon Walker, 2685 North Shore Drive, Conditional Use Permit (Staff: Paul Weinberger) 8. #01-2667 Richard Anderson of North Shore Marina, 3222 North Shore Drive, Conditional Use Permit, (Staff: Mike Gaffron) PLANNING COMMISSION COMMENTS 9. Report of Planning Commission representatives attending Council meetings March 26, 2001 and April 9, 2001. U. Other issues for discussion. 11. Planning Commission approval of minutes for March 0 12. Selection of representatives for City Council meetings on Apri123, 2001 and May 14, 2001. ADJOURNMENT CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 2494600 Fax (952) 2494616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, April 16, 2001, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #01-2664 Mitch and Kim Olson, 3265 Carman Road, request a variance to permit construction of a 31' X 2 P garage addition to the house located 29.3' from the front property line where 35' is required, a variance to permit an alteration to hardcover greater that 25% in the 75-250' lakeshore setback zone, and a variance to permit greater than 15% structure on the property. 2. #01-2667 Richard Anderson ofNorth Shore Marina, 3222 North Shore Drive, requests a Conditional Use Permit to increase from 20 to 72 the number of customer - owned boats stored in dry -stack units on the property which are authorized for on -demand launching for lake use. 3. #01-2668 Manley Bros. Construction, 1973 FagernessPoint Road, requests variances to permit replacement of a deck located above the garage, to permit an expansion of the building envelope for the addition of two dormer windows within 75' of the Lakeshore, and an after the fact variance and conditional use permit to permit replacement of two retaining walls within 75' of the lakeshore. 4. #01-2669 Richard J. Wett,1396 Balder Park Road, requests an after the fact variance to permit a 4' overhang addition over an existing walk constituting an increase to structural hardcover in the 75-250' lakeshore setback. 5. #01-2670 Cheryl and Peter Kramer, 2140 North Shore Drive, request a variance to permit a 6' fence along the south property line (North Shore Drive/C.R. 51) where 3 ''/2' is permitted within the 50' front yard setback. 6. #01-2671 Alistair and Kristin Jacques, 645 Old Long Lake Road, request variances to permit a new residence to be located 15' from the side (east) property line where 30' is required and to permit residential construction on a lot less than 2 acres in size. 7. #01-2672 Jim and Sharon Walker, 2685 North Shore Drive, request a conditional use permit and variance to permit a guest apartment attached to the principal dwelling 1%vith an exterior entrance where guest apartments require entrance within the principal dwelling unit.. 8. #01-2673 Gary Germundsen, 4101 Highwood Road, requests renewal of lot area, lot width, street setback, east and west side setbacks and hardcover variances to remove an existing residence and construct a new residence. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by April 11, 2001. Plans are -available in the City Offices. For an appointment, please call (952) 24946008 City of Orono By: Planning Commission Paul Weinberger, Zoning Administrator/Planner To be published the week of March 31, 2001. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office Application # _ �- Date Received 3 - }o Amount Paid o o CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFO TION �^ Site Address U. 0 , 0 � Property Identification Number (P.I.D.) 0 R- l l 7- o Attach legal description to application if not included on required survey. Date Property Acquired / 4 ` / ;3 - 9 4 I (do) (do not) also own the adjacent parcels of land. Present use of property: Xresidential other (specify) Zoning District. APPLICANT Name Address: rJ Phone (home Phone (work) (month/year) OWNER (if diffe ent than ap licant) Phone (home) �,` � . +-( �] � . o 7 7 �' Name C �nCtkA -T Phone («�ork) Address: ej City: C6 AY) Zip: S S 3 1 DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: _Front Other (specify) Lot Width Hardcover Rear Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY' CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) C� i;REQUIRED SUBMITTALS A11 of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. _ Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/z" x 11 for reproduction. 4. _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/Z" x 11" for reproduction. 5. _ Sketches or plans of floor & elevation views (provide one (1) copy 8%2" x 11"). 6. _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). T _ 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. The Applicant and Property Owner must sign this application.. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information suppliOM4 true aAd coArect to E est of his/her knowledge. Applicant's Si Z Date ®l � OWNER'S SIGN U The owner hereby ac ledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all s�binittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an . applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 0 VARIANCE APPLICATION: 1396 BALDUR PARK ROAD DESCRIPTION OF REQUEST: We are requesting an after -the -fact variance for a shed roof over an existing sidewalk at the Baldur Park Road property This past winter Waldenwood added some expansion space to the Wett home on Baldur Park Road. During the course of the remodel it became very evident there was a safety problem for the Wetts. The sidewalk to their front door was continuously being covered with snow and ice. Not only were the Wetts concerned about this danger, but the carpenters on site also struggled with this concern as they too came and went from the premises. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS It was agreed by the Wetts (who are retired) and Waldenwood, that the best solution to the dangerous situation would be to install a shed roof over the sidewalk, preventing the dripping from the 2nd story eaves on to the sidewalk as well as the direct snow, sleet, and rain upon the walkway. Due to the massive ice problems of these past months Waldenwood built the roof as quickly as possible in an effort to stem the possiblility of a serious fall on the icy walkway. We assumed we were not impinging on the hardcover of the property because we were going over an existing sidewalk. It was only upon inspection that we learned of Orono's differenciation between structural hardcover and ground hardcover. The reality is that the roof will not only help during the winter months, but will also be an asset during the rainy season helping to divert water away from the foundation out on to the bushes and lawn. As the contractor, we recognize that we are amiss in following the proper procedures for adding such a roof. Please note that we were not trying to "get by" with something, (since we did request inspections on the framing of this roof), but ln§tead were trying to move as quickly as possible to solve this extremely dangerous situatio yrhus, we ask for your understanding as well as the granting of the variance. ohn M. IVliller. CR Design • Remodel •Build 24925 Glen Road, Shorewood, MN 55331 Phone 952-474 4165 Fax 952 474 6206 Email remodel@waldenwood.cotn Website www.waldenwood.com Certified Remodelers John Miller &Wendell Anderson n \9kESH�4'/ Mr. John Miller 24925 Glen Road Shorewood, MN 55331 March 9, 2001 CITY Of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 RE: Variance Application Packet . Dear Mr. Miller: I have enclosed the variance application packet you have requested for the covered walk extension to the roof line of the house. The extended roof line constitutes a structural addition to the total hardcover previously approved for the property. Because the application will be applied for after the work has been completed, the variance request is an after the fact application requiring a double fee. The total variance application fee is $500. The following items are requested to complete your after the fact variance application: ❑ Completed Application Form and $500 after the fact variance application fee. ❑ Certified Property Owners List of owners within 150, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, they can be contacted at (612) 348-5910). They will need to know from you the property address or property identification number for the lot the variance is being requested. ❑ Updated Certificate of Survey (signed by a licensed surveyor) for the property and new roof extension. In addition, provide one (1) copy 8'/2" x 11 for reproduction. ❑ List of the legal names (include marital status) of all persons with an interest in the property. This would include name of applicant if not current owner. Please note the deadline for filing an application for the April 16, 2001 Planning Commission meeting is noon on Wednesday, March 21, 2001. Do not hesitate to contact me at (952) 2494600 should you have any questions regarding the application packet and to set up an appointment to discuss your proposal. Sincerely, aul Weinberger Zoning Administrator/PlannWielephone (952) 2494600 Fax (952) 249=4616 www.ci.orono.mn.us March 9, 2001 Orono City Council Dear Members: We are requesting an after -the -fact variance on the overhang on a portico that was just added to our house. We understand the overhang is considered hardcover thereby requiring a variance. A new addition over our garage created a hazardous condition with run off freezing on our front entrance walk. Another solution would have been to add a gutter in this area but the builder did not recommend it because of our advanced age and the fact it would be quite high in order to clean and keep the area from becoming hazardous again. A change would not only be costly for us but also not completely solve the problem of the drainage being away from the walk. We appreciate your granting this variance so it may remain as needed. Sincerely, ` e Richard & Marge Wett 1396 Baldur Park Rd. Orono, MN 55391 r, Adjacent Property Owners' Acknowledgement Form S. [print name(s)] [print address] have reviewed he plans for the proposed improvement or proposed use of the property located at l G P^ (cedlso referred to as Land Use Application No. 00 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires CouncIapproval. Property Owner Date Date ee I (we) / of z, [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at / 3 �7 (,a L)ta (' wr k also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner 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 &Zoning Office at least 10 days prior to the scheduled meeting date. E:3 E Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323.0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that. 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. c Firsf Middle Address Ca City State I understand my rights as, stated above. Signature Last Zip Phone Telephone (612) 249-4600 •Fax (612) 249-4616 SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of. (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue ma�place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored . data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of malting, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. .Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 Hennepin County Taxpayer Services Department (iel 1(14) (25) (53) v (ef (9) i �,�.„:: �l��arcel Information Parcel ID 0811723310002 House Number 1396 Street Name BALDUR PARK RD Condominium This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. e 0 r r H 0. W O W : ''W W Z 4 i J (A W W F C W WIn LAW O G9 O 00. CDim ►" rml 4 MIN �z M N s W O iY 0] ,.::0 Y T P; A CD 0: 3 0 o Q C' O C' W W D: :H O C C H O.Z W 0 O z : s co H Oa.QaiY :M i�Oa. W.:tA YM %T 0 Ca : .t Z %D M >:X X,ix ul '.:M -:Y.0 0: Ul '.M 0 z :V) 0 W %t.' ' 0:: 0 : 0 `Q : ttt X -'"0 4 Iti :V) H `i V) V) T Z `%D'I M O B 0: an -M D ca u. no, .M W C T M W t) W ::M N 0 N Ck '0 N.O: 0 0: " C9 4 N'0: F- T I Jotl oUC 'i _l04C I in W £O3 1 QHu ,a `::,. 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L E�.. �"i�E Address: � 1 ��G(o �.' f���t11 �, I�f�P�C (Zc� . ❑ Meeting with Staff: ❑� ❑� Date Application Completed: 3 ! �-O _ b Incomplete Notice Sent: Date Property Owners Notified: Date Legal Notice Published: Pam. Zip: . � � ?�� I 60Day: 5 - 1� -� �� I i ! , j�:� PC Meetmg(s): � Q Vote: _�=� ��� �� � � � �' Notice of PC Action: ` ��- � `.a � r'`� �`� a �❑ City Council Meeting(s): � ` - ��=�-� ❑ Resolution X:WPPS\wP\VL`160\tiVPDOCS\CAROLEIFORI�iS\TRKNG.SHT �(� P�.1 Cf� ti 1 John Miller 24925 Glen Rd. Shorewood, MN 55331 Vote: Vote: Vote: Vote: Richard J. Wett 1396 Baldur Parlc Rd. Orono, MN 55391 �� � �a�K Kd- �1 ' ' �